Volume 15 - RJJ Journal of Halacha and ... - YU Torah Online

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10 THE JOURNAL OF HAlACHAvariety of tuna, the skip jack, which is lacking scales on its tail.near the fins, and near the jaw. Now, the Ramo (Yoreh Deah 83, 1,)specifically recommends that we be strict regarding finding scales injust these places. However, the Kaf Hachayim (ibid., no. 3) bringsthe view of Prj Megadim and other poskim thai this strict positionof the Ramo refers only to a fish which has but one scale, the fearbeing that somehow this scale is not really from the fish itself butbecame attached by accident. In such a case, we must check thelocation, to be sure that at least the scale is in the strategic place.But when a fish has many scales, it is of no consequence on whichpart of the body they appear.In fact, the skip jack tuna has numerous scales on its body.Many years ago, Rav Soloveitchik was shown this fish and, afterpersonally checking its scales, declared it to be kosher.C. Must fish be examined to assure Kashrut?There are those who would han canned tuna on the groundsthat no fish is deemed to be kosher unless the existence of fins andscales has been ascertained by direct examination. Since thefisheries in Puerto Rico, where the fish are processed, have no Jewspresent to check each fish individually for these characteristics, thetask being performed by the non-Jewish workers, one could arguethat there is no basis for regarding the processed fish as kosher.This rationale is obviously incorrect, however, for we rule that... where it {the fish) is currently devoid of them[fins and scales] and will eventually grow them, itmay be eaten. (Avoda Zara 39a)Clearly, it is impossible to examine fins and scales that are not yetin existence. How then does the Gemara permit the consumption ofthis fish? We must conclude that the need to ascertain the existenceof fins and scales is merely a prerequisite for establishing thekashrut of a fish species. Once this has been done and we recognizea fish as belonging to such a species it is kosher despite the fact that
CANNED TUNA"the particular fish in question itself has never been examined forthese characteristics.6,1Still, even though each fish need nol be examined as long aswe know that it belongs 10 a kosher species, Ihe question arises thaicanned tuna is a tolal unknown to us, for all traces of fins andscales have been removed along with the skin. How can we be surethat the can contains tuna? Can we rely on the inspection of theGentile factory workers in Puerto Rico? We know that thetestimony of a non-Jew in kashrut matters is generally not accepted.Let us, however, consider the question from a different vantagepoint.D. No craftsman willingly jeopardizes his livelihood.It is a wel1~established halachic principle that although we maynot rely on the evidence of a non-Jew relevant to the kashrut of afood item, yet if can be certain that he is telling the truth, in certaincases we may rely on him. Jewish law operates on the principle thatevery individual, including the non-Jew, is concerned withmaintaining his reputation as a reliable craftsman or worker; it isnot worth it to him to endanger his livelihood by selling an object6. See D",rkei Ttshuvah 83: he notes that according to Minchal Chin",h(Mitzvah 154). one who ate a fish and examined it only for the presence offins but did not search for scales, has violated the precept of inspecting a fishfor its kosher traits. Darkei Tnhuvllh, however, comments that this appliesonly to a fish which is not recognizable to us as being of a kosher species.But if we discern that it is of a kosher species, then all concur that it isunnecessary to check it for kosher characteristics on every occasion.Darkei Telh"vllh 79 reiterates this position when dissenting from SeferHIlCltinuclt (Mitzvah 153), who states that it is a positive precept to e::
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Page 13 and 14: CANNED TUNAdistinguishing the koshe
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