Selling non-Kosher products

[Shermana]

Is there a particular stance on selling items that contain gelatin and such as part of your line of work?

 

[Levite]

Is there a particular stance on selling items that contain gelatin and such as part of your line of work?

First of all, there is a question regarding the gelatin itself. Not all gelatin is of animal origin. And some that is of ultimately animal origin is heavily chemically altered, or is synthetically derived from enzymes of ultimately animal origin (like microbial or synthesized renin used in cheese can be biochemically produced in mass quantities from an original sample of animal rennet).

The vast majority of Orthodox halachah today deems that all gelatin of animal origin, regardless of alteration or synthesis, regardless of anything, must come from a kosher source, or it renders whatever it is used in unkosher. However, Conservative halachah, and one or two progressive Modern Orthodox halachists (who keep a fairly low profile) differentiates between gelatin of direct animal origin, edible on its own, and gelatin of indirect animal origin, altered by chemical synthetic means, and not actually edible on its own, but used as an ingredient not for flavor but as a preservative or texturing agent. Regarding the former, it is held that the gelatin must be kosher; but regarding the latter, it is held that the biochemical or synthetic alterations to the gelatin, combined with the fact that it is itself inedible and not added to contribute flavor, render the gelatin halachically a davar chadash (something that has been transformed into something else entirely) and not halachically a food substance; and therefore this latter kind of gelatin is deemed effectively kosher, regardless of ultimate derivation, as it is essentially a null item.

In any case, let's say for the sake of conversation that one takes the majority Orthodox view, and deems that all gelatin of any animal origin must be from a kosher source, and requires hashgachah (kashrut certification). Obviously it's a given that one would be prohibited from consuming items with nonkosher gelatin in them oneself; one is also, in theory, prohibited from selling such food items to Jews, since it is prohibited to derive benefit from another Jew transgressing the commandments.

However, as I understand the halachot of business, one is not prohibited from selling nonkosher food to non-Jews, since obviously they are not commanded to keep kosher. If you knew for certain that all your customers were not Jewish, everyone would agree that nothing forbids a Jew from selling nonkosher food to non-Jews. The trick is that in most areas a Jew is likely to be operating a business, the customer base is likely to include both non-Jews and Jews, and one will not be able to distinguish one from another. So the question remains: can a Jew sell non-kosher food items when he is not absolutely certain that Jews will not purchase and eat them, and so transgress.

There are essentially two schools of thought: one, the stricter, says that any doubt is one doubt too many, and that therefore a Jew should not sell non-kosher food items at all. The other, the more lenient, says that-- unless one is living in a Jewish-majority area, where one can be reliably certain that customers will be Jewish, and therefore in selling nonkosher food one will be engendering transgressions-- one must assume that the Jewish customers will not purchase the nonkosher food (there is a presumptive principle in halachah that jurists should, unless given reason to think otherwise, assume that Jews will properly observe the commandments), and that one may sell the nonkosher food, since those who purchase it are deemed by definition to be non-Jews.

Both schools of thought have excellent halachic reasoning to support them. Either could potentially be an acceptable position.

 

[ZVBM]

I compliment Levite on his answer.

The principle involved in not being allowed to sell, say, non-kosher meat, to a Jew, even if he/she would willingly eat such meat, is known as lifnei iver and is enunciated in Leviticus 19:14:

You shall not curse the deaf, nor put a stumbling-block before the blind, but you shall fear your God: I am the Lord.

לֹא-תְקַלֵּל חֵרֵשׁ--וְלִפְנֵי עִוֵּר, לֹא תִתֵּן מִכְשֹׁל; וְיָרֵאתָ מֵּאֱלֹקיךָ, אֲנִי ה

Lo tikalel chiresh vlifnei iver lo titen mikshol, vyareita m'Elokeicha, ani Hashem.

Lifnei iver literally means "before the blind." Our Sages have interpreted this to the spiritually or morally blind as well.

My family back in the USA does not keep Shabbat. I will not call my parents or brother if it's still Shabbat back in the USA even though I know they would answer the phone.

This is a pretty good article on the idea.

ZVBM