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Twentieth-century Poskim remain divided about gelatin’s Kashrut. Rav Chaim Ozer Grodzinski (Teshuvot Achiezer 2:11 and 3:33:5) and Rav Zvi Pesach Frank (Teshuvot Har Zvi, Yoreh Deah 83) rule leniently. On the other hand, Rav Aharon Kotler (Mishnat Rav Aharon 1:17) marshals many Talmudic sources supporting stringency, and Rav Moshe Feinstein (Teshuvot Igrot Moshe, Yoreh Deah II:27) rules strictly. Rav Yosef Eliyahu Henkin (Edut Leyisrael pp. 176-177) writes that bones of non-Kosher animals converted into something edible remain permissible since they were originally permitted. However, the question of edible non-Kosher food (such as pig skin) rendered inedible but subsequently made edible has not been resolved, and therefore, Rav Henkin rules strictly.
Accordingly, three opinions emerge regarding gelatin rendered inedible during manufacture. Rav Frank permits it regardless of origin, Rav Henkin permits gelatin from hard bones, and Rav Feinstein and Rav Kotler forbid it.
4. In an additional point of stringency, Rav Kotler compares gelatin to yeast. Yeast (Chavat Daat, Yoreh Deah 103:1 Biurim) is forbidden even though it is not fit for human consumption because it impacts and improves other foods. It is biblically banned since this is its purpose, despite being inedible. Chavat Daat applies this idea to anything similar. Hence, argues Rav Kotler, even if gelatin is considered inedible, it is biblically forbidden, as its purpose is to improve other foods.
However, the lenient opinions could respond that the purpose of the bones and skins from which the gelatin is extracted is not to improve other foods. Moreover, the aforementioned Shach and Noda Biyehuda contradict Rav Kotler.
5. Rav Kotler also forbids gelatin from a non-Kosher source due to Achshevai. Achshevai is a rabbinic prohibition against consuming inedible foods. Consuming it indicates he upgrades it and regards it as food.
The Talmudic source for Achshevai is Shavuot 24b.
Rav Grodzinski and Rav Frank rule that Achshevai is irrelevant to gelatin because it does not apply when the inedible object is mixed with edible Kosher
food. It is only forbidden when consumed alone. Consuming inedible items mixed into food does not upgrade the inedible thing. This explains the practice
endorsed by Tosafot and the Rosh of eating bees’ honey even if bees’ legs were in the mixture. Eating such honey is not Achshevai because the bees’ legs are not eaten alone. Rav Kotler argues that Achshevai does apply to gelatin. He writes that the analogy to the bees’ legs case is inaccurate. The bees’ legs were not intentionally mixed into the honey in that situation. However, in our case, the
gelatin is intentionally added to the food product; thus, the prohibition of Achshevai applies. However, the previously mentioned Shach (concerning saffron) and Noda Biyehuda (concerning fish gills) appear to contradict Rav Kotler’s thesis.
Conclusion Regarding Gelatin
Outside of Israel, we regard gelatin from non-kosher sources as non-kosher . In Israel, Mehadrin certification is not granted to gelatin from a non-kosher source. However, there is significant support for the kosher status even for gelatin of non-kosher origin (most prominently, Rav Frank and Rav Yosef). We consider the
lenient views regarding consuming medicine in a gel cap.
The Halachic Status of Gel-caps
As mentioned, food that is inedible is permitted on a biblical level but forbidden rabbinically because of Achshevai. However, almost all Poskim rule that Achshevai is not relevant to taking medicine. When an individual consumes medicine he does so for healing and for food. The lenient views include Rav Moshe Feinstein Teshuvot Igrot Moshe, Orach Chaim 2:92; Chazon Ish Orach Chaim 116:8; Teshuvot Tzitz Eliezer 6:16, 7:32:8, 10:25:20; Yechaveh Daat 2:60; Rav Shlomo Zalman Auerbach, Minchat Shlomo 1:17 (following Rama, Yoreh
Deah 155:3 with Yad Avraham’s comments). Shaagat Aryeh’s (responsum 75) view that Achshevai applies even to medicine appears to be an outlier (although
Rav Grodzinski considers it, Teshuvot Achiezer 3:31)).
Accordingly, gel caps seem permissible since they are tasteless and taken for medicinal purposes. Moreover, since such gelatin has not become a component of an edible substance, many of the considerations that led Poskim to stringency do not apply. Two of Rav Kotler’s concerns are not relevant to gel-caps. The issue of Achshevai is not a concern with medicine, and gel caps are not analogous to yeast since they do not improve foods. Therefore, Rav Yosef Eliyahu Henkin writes (Edut Leyisrael p. 177), “It is common practice to ingest
[medicine wrapped in gelatin] capsules. It appears that what is relied on is the evaporation [of the gelatin during its production, rendering it inedible] and the fact that one does not intend to consume [the gel-caps] as food.” Rav Hershel Schachter relates that Rav Yosef Dov Soloveitchik permits ingesting a gelatin-coated medicine tablet. Rav Waldenburg (Teshuvot Tzitz Eliezer 10:25:20 2) agrees. Moreover, Rav Schachter believes that even one who wishes to take medicine to relieve minor pain (“Meichush B’Alma”) can ingest a gel cap.
Even Rav Auerbach (Teshuvot Minchat Shlomo 17), who raises the possibility that one who suffers only a slight ache might not be permitted to ingest tasteless non-kosher medicines, might rule leniently regarding gel caps. Regarding gel caps, there is a S’feik S’feika, double doubt. Perhaps even one with slight pain may ingest non-kosher medicines, especially when swallowed and not chewed. Second, gelatin is a Safek Issur.
Conclusion Regarding Gel-Caps
Much room exists to permit gel caps, even for those suffering only minor discomfort. However, one should avoid the gel cap in favor of medicine without non-Kosher ingredients if such a viable option exists (Rama, Yoreh Deah 155:3).