The War of the Chicken Breeds

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By Rabbi Yair Hoffman for the Five Towns Jewish Times

It is a halachic issue that is achieving near viral status and is at the center of a great Kashrus debate happening throughout the Kashrus agencies of EretzYisroel.The OU is watching the issue carefully, and has not issued an opinion on it.  Thus far, however, it is only an issue in Eretz Yisroel and Europe.

The first media mention of the issue appeared on two Jewish websites.  Now it has even reached the non-Jewish poultry news sites.  The veritable war concerns a halachic debate about whether a specific breed of chicken called,“Braekel” – has a halachic Mesorah (tradition) to permit its consumption in terms of Kashrus.  The Braekel, primarily used for egg consumption, originated in a section of Belgium where there were no Jews.  It was not commercially exported either.  It was a lone solitary chicken.  Does this mean that it is considered a chicken without a Mesorah – a tradition that allows us to consume it?  Rav Nissim Karelitz of Bnei Brak permits the Braekel.  Rav Moshe Shternbuch of the Eida Chareidis in Yerushalayim forbids it.

What is the background behind this debate?

The Torah gave us a list of Tameh birds that also are non-kosher. This list is found in Parshas Shmini (Vayikra 11:12-19). Technically, if not for another rule found in the Ramah, if a bird is not on the list it would not be forbidden.

The Mishna in tractate Chullin gives us four signs in regard to the list of birds in the Torah.

  • It says (sign #1) that every bird that is a dores “a predator” is not a kosher bird.
  • It also says (sign #2) that every kosher bird has an extra toe.
  • It also says (sign #3) that all kosher birds have a zefek, a crop – (in scientific language it is called “ingluvius” in the Torah it is called “more’eh.” See Vayikra 1:16). The crop is an expanded, muscular pouch near the gullet or throat. It is a part of the digestive tract, essentially an enlarged part of the esophagus. As with most other organisms that have a crop, the crop is used to temporarily store food.
  • All kosher birds also have a peelablekorkuvan, or a gizzard (sign #4). This is called a “pupik” in Yiddish.

Nonetheless, based upon the ruling of the Ramah, we only consume birds that we have a tradition to eat from the past.

What about newly discovered birds?  Although we had no tradition for the turkey, when it was discovered in the New World, the Poskim permitted it either because either

  1. They classified it as a type of chicken (Dvar Halacha #53 p. 74), and there was no concern that it was a cross-fertilization from the list of forbidden birds or
  2. Because it was discovered prior to the adoption and spread of the ruling of the Ramah (ShoelUMaishiv YD III 1:15).

The truth is that the Gemorah in Chullin 62b states that there is one particular chicken called a Tarnegolahd’agma (a lake chicken), which is actually not kosher because it is predatory (see Rashi).  This is indicative that a Mesorah for sub breeds is necessary.

PROBLEM

The fact is, however, all chicken breeders in modern times do need to introduce fresh bloodlines into the chickens because otherwise the breed will dwindle and die out.  Halachically, however, we may not rely upon the testimony of non-Jews or even the organizations in charge of certifying chicken breeds that the “fresh bloodline” originate from a kosher bird with a Mesorah.  How then does it work that we can consume chickens and eggs of the breeds that we do eat?

NO DETECTABLE CHANGE

The answer is that if after the introduction there is no detectable change in any of the limbs of the chicken that changes its appearance significantly from the chicken that we have a tradition of eating it is still considered kosher.  This is based upon a responsum of the Chasam Sofer (Yore Deah #75 “ul’didi”).  The Chasam Sofer says that there is no need for a Mesorah on each and every chicken, rather, all chickens that appear like a breed that we do have a tradition for is acceptable – unless there is a demonstrable difference that may indicate that they are two different breeds.  Then we would require a separate tradition for that breed.  This is a crucial Chasam Sofer that lies at the heart of the debate between the two sides.

The Avnei Naizer(75:2) cites the same criterion as the Chasam Sofer.

TWO DIFFERENT BRAEKEL BREEDS

It is interesting to note that non-Jewish breeders and historians write that originally there were two different breeds of Braekel chicken.  There was the one of the Flanders region of Belgium and the one from the Kempen region slightly south.  The Kempen Braekel was a bantam version of the larger Flanders version.  The Braekel first appears in the goyish literature in 1416 (see the French journal Annual Journal of Veterinary Medicine 2012, Vol. 156, pp 37-65).  Eventually, both Braekel breeds merged together to form one current breed.

SIZE IS NOT A DIFFERENCE

The Arugas HaBosem #16 writes that differences in size of various chickens is not considered a deficit in this regard because all chickens vary in size – some are bigger and some are smaller.  It is interesting to note that the Flanders region is a much more fertile area of Belgium than is the Kempen region, and this probably explains how they were originally of a different size.

This issue is qualified by the Daas Kedoshim (cited in Toras HaOf page 30) that if the size difference is one of limb proportion – then it is considered a problem. If the legs of one breed are disproportional to the chicken than that of the other breed – then the disproportional one requires its own Mesorah.  This is also the view of the Maharsham in Siman 16 of the Darchei Shalom section of his Daas Torah volumes.

There was also something that we may call, “The Great Leghorn Scare of 2004.”   Leghorns are primarily used for egg-laying purposes as well. Apparently, someone discovered that the leghorns individually spread their chicken feet. This is a sign of a predatory bird and if it is predatory then it would be considered non-kosher according to the Ramah!

An investigation of the matter took place.  According to the author of the TorashHaOf, the investigation revealed that a] these chickens grasp individually but not in the manner that true predatory birds do and b] it is only the cooped up chickens that grasp, but the free range leghorns do not grasp.  The matter was also ruled upon by Rav Fishel Hershkowitzzt”l – the Klausenberger Dayan as well as the Knei Bosem Vol. IV #46.

Leghorn chickens were deemed halachically permitted.

This author reached out to Rav Shternbuch’s son and Gabbai who said that there are some six or seven differences between this chicken and other breeds that do have a Mesorah.

This week a live chicken was brought to Rav Shternbuch and others so that the issue can be examined.  Thus far, the BaDatz of the Eida Chareidis has not permitted it.

One difference is that the legs are rounder than other kosher breeds.  The wing shape is also slightly different.  But are these considered significant differences?  It seems that the Eida Chareidis’ concern is not that they disagree with the Chasam Sofer and the Avnei Naizer, but rather are these differences considered to be significant enough to make a difference.

A final decision from the Eida Chareidis may be issued as soon as next week.

The author can be reached at [email protected].

{Matzav.com}


5 COMMENTS

  1. About 18 years ago, I went to Rav Shmuel Wosner, (Shlita) z”L in Bnei Brak, as  I was contacted by the Israeli Katz family that developed the “kabir-breed” chicken.

    First I asked Rav Wosner re:the chickens we use in America. As they are cross breeds[not pure breds]  from Italy among some other countries.

    My question was “we don’t have a “Mesorah” on these cross bred chickens.

    Rav Asked what I could tell him about what I know.

    I said my Zaida was a shoichet in Europe in early 1900’s, and he shechted and ate these American cross bred chickens.

    Rav Wosner said the following; If it looks relatively similar to the chickens he remembers from der heim, and this is the chicken they ate in American in the lae 1880’s early 1900’s.
    Does it look significally different?, does it crow the same as the chickens he remembers?, then we can eat without any question.

    I followed up with:
    Why did Rav Wosner not approve (he assered) the Kabir bred chicken.

    It’s very resistant to disease, therefore does not require shots.

    The Kabir breed does not have feathers on the neck where one “shechts”.

    It had feathers on the legs that come down lower than the standard chicken.

    So he said the Kabir breed had significant differences 1)  no feathers in neck area, 2) Feathers go down lower on the legs, 3) very resistant to infections, 4) grows taller that the regular chicken, etc. 

    Rav Wosner therefore asked the Katz family with what birds was it cross-bred?, they said it’s a secret. Rav Wosner told then it’s not a secret that it’s not permitted to use.

    So there are significant changes.

    I did not allow the Katz family to distribute the Kabir breed in the USA.

    Based on the guidance Rav Wosner told me, I do not believe he would’ve allowed the Braekel breed.

  2. What ARE the chicken breeds with mesorah?

    The bickering of the Braekel can be found plastered everywhere on the internet.

    Some are saying the Braekel is not kosher because it has no mesorah, and that we should only eat chickens with mesorah. HOWEVER, they NEVER tell you what these breeds are!

    I contacted a most credible source who usually responds within the next couple of days. I asked for a list of chicken breeds with mesorah. Almost two weeks have now passed and there has been no response. Does even HE know what breeds have mesorah? I have contacted several rabbis and to date NOT ONE has responded back. Do THEY even know what chicken breeds have mesorah?

    I have thoroughly scoured the internet for countless hours and for many weeks and have not been able to find a single source listing the breeds with mesorah.

    It seems to me, rather than spending so much time trying to prove that the Braekel is not kosher and has no mesorah, they should spend some time educating the public on what breeds ARE kosher and has mesorah!

    The Braekel bicker is making me bitter.

    Can someone PLEASE help me find a list of kosher chicken breeds with mesorah?

    I am searching for three things: 1) An extensive list of all kosher chicken breeds with mesorah, 2) A list of the 3 kosher chicken breeds with the most recognized mesorah accepted by the rabbis in Israel, 3) Of the latter list which one of the 3 are at the top of the list with the most recognized mesorah accepted by the rabbis in Israel?

    If someone can assist me in finding these three elusive lists it would be MOST appreciated.

    Thank you.

  3. What ARE the chicken breeds with mesorah?

    The bickering of the Braekel can be found plastered everywhere on the internet.

    Some are saying the Braekel is not kosher because it has no mesorah, and that we should only eat chickens with mesorah. HOWEVER, they NEVER tell you what these breeds are!

    I contacted a most credible source who usually responds within the next couple of days. I asked for a list of chicken breeds with mesorah. Almost two weeks have now passed and there has been no response. Does even HE know what breeds have mesorah? I have contacted several other kashrut scholars and to date NOT ONE has responded back. Do THEY even know which chicken breeds have mesorah?

    I have thoroughly scoured the internet for countless hours and for many weeks and have not been able to find a single source listing the breeds with mesorah.

    It seems to me, rather than spending so much time trying to prove that the Braekel is not kosher and has no mesorah, they should spend some time educating the public on what breeds ARE kosher and has mesorah!

    The Braekel bicker is making me bitter.

    Can someone PLEASE help me find a list of kosher chicken breeds with mesorah?

    I am searching for three things: 1) An extensive list of all kosher chicken breeds with mesorah, 2) A list of the 3 kosher chicken breeds with the most recognized mesorah accepted by the rabbis in Israel, 3) Of the latter list which one of the 3 are at the top of the list with the most recognized mesorah accepted by the rabbis in Israel?

    If someone can assist me in finding these three elusive lists it would be MOST appreciated.

    Thank you.

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