גריי מאטר א, הלכות שבת, חליבה בשבת ג׳Gray Matter I, Laws of Shabbat, Milking Cows on Shabbat 3

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1Attaching a Milking Machine Turned Off

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2In addition to the milking methods that we have already discussed, an additional method of milking on Shabbat became feasible near the end of the twentieth century.

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3The Kibbutz Sdei Eliyahu Solution

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4In the eleventh volume of Techumin (pp.170-175), the Rav of Kibbutz Sdei Eliyahu, Rav Shlomo Rosenfeld, presents an innovative solution to the problem of milking cows on Shabbat. The proposal implements a solution suggested decades before by the Chazon Ish (Orach Chaim 38:4):

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5It appears to me that one may connect the pipe [from the milking machine] to the udders when the electricity is not functioning and later the electricity will turn on automatically and milk the cows.

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6This approach is based on the sof chamah lavo case (Sanhedrin 77a), described in the previous chapter. This Talmudic passage establishes that one who ties up a victim at night is considered to have killed only indirectly if the burning sun kills the bound victim the following day. This act is grama (indirect) because the death agent was not present at the time that the villain tied up the victim. In the Chazon Ish's ruling, the electricity parallels the sun. The electrical current is not active at the time that the milking machine pipes are attached to the cow's udders. The person who attaches the pipes is thus only indirectly violating Shabbat, as the milking procedure begins only after his action is over. Since grama is permitted in case of great monetary loss, the Chazon Ish permits milking cows in this fashion.

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7Problems with the Chazon Ish's Ruling and its Solution

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8As late as 1986, Rav Shmuel David (Techumin 7:158) wrote that the Chazon Ish's ruling was impractical. He explained that the pipes of the milk machines did not remain attached to the cow's udders while the electricity was off. Before the milk machine was operating, no vacuum existed to hold the pipes to the udders.

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9However, five years later, Rav Shlomo Rosenfeld wrote that the members of Kibbutz Sdei Eliyahu discovered a way to create a vacuum effect, keeping the pipes attached to the cow's udders without electric power. Rav Rosenfeld's essay discusses this method in halachic and engineering detail and notes that leading authorities, such as Rav Shaul Yisraeli and Rav Yehoshua Neuwirth, approved of this method of milking cows on Shabbat. In fact Rav Uri Dasberg (Techumin 15:394-400) reported in 1995 that this approach had been adopted by many dairy farms. Moreover, dairy farmers related that this method had fewer technical difficulties in implementation than other solutions. In addition, the milk that goes to waste with other methods need not go to waste when milking by grama.

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10Rav Rosenfeld suggests that even the Chazon Ish would agree that Sdei Eliyahu's grama method is the preferred method for milking cows on Shabbat. Although the Chazon Ish also permitted milking to waste, that procedure is rabbinically prohibited according to some Rishonim. Grama, on the other hand, is explicitly permitted by the Rama (Orach Chaim 334:22) in case of financial loss, without any reservations.

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11Problems with the Kibbutz Sdei Eliyahu Solution

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12In Rav Dasberg's article, he describes a problem with this method. It seems that a certain percentage of cows leak milk into the pipes even before the electric current starts to flow. The halachic question is whether this flow of milk is considered a davar she'eino mitkavein. A davar she'eino mitkavein is when a person intends to do a permissible act, but this action may also lead to an unintended prohibited result.¹For greater elaboration on the parameters of a davar she'eino mitkavein, see the Encyclopedia Talmudit (6:631-655). For example, a person drags a chair across a field with the intention of bringing it somewhere, he simply wants to transport the chair, which is allowed on Shabbat. Along the way, however, the chair might plow a furrow in the ground, although this is not the person's intention. A davar she'eino mitkavein is permitted on Shabbat, so if causing the milk to flow when the pipes are attached is defined as a davar she'eino mitkavein, the pipes may be attached on Shabbat (before the electricity is turned on).

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13Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:35:7) forbids attaching the pipe to the udders, because it might cause some milk to be released. This action is not a davar she'eino mitkaven, he claims, since one essentially intends to milk the cow. Although the milk that flows immediately is not desired, since the person does not wish to violate Shabbat, one fundamentally wants the milking process to occur. Rav Shlomo Zalman thus claims that attaching a milking machine constitutes intentional milking whenever there is a reasonable possibility that this action will immediately dislodge drops of milk.

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14Lenient Rulings of Rav A.D. Auerbach and Rav Lichtenstein

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15Despite Rav Shlomo Zalman's opposition, two great halachic authorities, Rav Avraham Dov Auerbach (Rav Shlomo Zalman's son) and Rav Aharon Lichtenstein (both cited in Techumin 15:394-410), rule leniently and consider the milk leakage a permitted davar she'eino mitkaven. Rav Avraham Auerbach reasons that there are three requirements for defining an action as a davar she'eino mitkaven. The forbidden result must occur unintentionally, the forbidden result must not occur inevitably (pesik reisheih), and it must be possible to identify the permitted act and forbidden result as two separate actions.

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16Rav Shlomo Zalman's opposition challenged the last point. He claimed that the permitted act, attaching the pipes, was the same act that commenced the prohibited milking process. In order to permit attaching the pipes, Rav A.D. Auerbach suggests that attaching the pipes to the udders is one (permissible) act, and the milk that flows later (after turning on the machine) is something entirely separate. Rav A.D. Auerbach claims that these two steps only become one unit when there is a 50% chance of milk starting to flow as soon as the pipes are attached. If, however, attachment of the pipes does not usually bring out milk, the later milk flow is a separate occurrence. Regarding the minority of cases, when attaching the pipes to the udders immediately squeezes milk, they are a davar she'eino mitkavein, as this flow is unintentional and does not happen inevitably. Rav Lichtenstein reportedly agrees in principle with this approach. In fact, he is even more lenient regarding the odds that milk will flow when the pipes are attached. According to Rav Lichtenstein, as long as the drops of milk do not emerge in a significant minority (approximately 20%) of the cases, the act is still regarded as a davar she'eino mitkaven.

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17Rav Zev Whitman (Techumin 15:409) suggests a way to make the Sdei Eliyahu milking machines acceptable for all opinions, including Rav Shlomo Zalman Auerbach. Rav Whitman proposes setting up the machinery so drops of milk that flow when the pipes are attached go to waste, because milking to waste is permitted according to many opinions. Rav Whitman presents a technical description of how to set up the milking machine so that these drops of milk should go to waste.

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18Conclusion

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19We have reviewed several solutions to the problem of how to milk cows on Shabbat. It should be emphasized that this is not merely an issue of economic concern, but also the welfare of the animals is of concern, since many cows would not survive if they were not milked on Shabbat. We have seen how emerging technology can serve as an aid to Halachah and not a nuisance. We look forward to the day when all aspects of the State of Israel will operate in accordance with Halachah.

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20Postscript

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21Rav Zev Whitman (Techumin 18:313-327) discusses the complexities of how the Israeli dairy industry can cope with a three-day Yom Tov, which can occur on Rosh Hashanah even in Israel.