Close To Torah

Aah! The cool refreshing taste of the “Real Thing”! Is there anything (besides maybe baseball and apple pie) that is considered more American? Everyone also knows that around the world (pretty much) there is almost nothing more kosher than good, old-fashioned Coke. Why, you can even ask Grandma, that back in the day (before mp3s, microwaves, dishwashers, and even World War II), Coca-Cola was THE drink of choice for all, even the strict kosher consumer.

But, it wasn’t always that way. We all have a certain person to thank for that, Rabbi Tuvia (Tobias) Geffen, Chief Rabbi of Atlanta, Georgia for many decades. He was one of the select few who actually knew the closely guarded secret ingredient in Coke. Back in the 1920’s and 30’s, Coke was looking to (and I’m sure still is) expand their market share, when it came to their attention that if they received a hashgacha, then many more Jews (and others who look specifically for kosher products) would drink freely of the “pause that refreshens”.

So, the directors approached the most-likely candidate to grant Rabbinic supervision, Rabbi Geffen. Coke was, after all, invented and headquartered in Atlanta. He was more than willing to check it out, as many of his congregants were asking him about the kashrus status of Coke.

His findings were mixed, for although technically the drink was kosher and was permitted to be drunk, it was questionable if he was allowed to give it his seal of approval to allow observant Jews to purchase it. The reasons were that it turned out that there was a non-kosher ingredient in the makeup of Coke, but it was only present in minute quantities. Therefore, it would be permitted to drink, for the non-kosher ingredient was battel b’shishim ¹, and therefore considered nullified.

However, for him to grant Coke hashgacha, posed a different problem in a different category, that of “Ain Mevattelin Issur L’chatchila ²”. This means that although if the non-kosher substance would accidentally fall into kosher food (as long as there was the prerequisite 60 times the amount of non-kosher that fell in) it would be permitted to drink, nonetheless, if one would add it on purpose with the express intention of nullifying it, the entire mixture becomes forbidden for the person who transgressed and for whomever’s benefit he did it.

The issue at stake here was that the Coca-Cola Company was obviously putting this non-kosher ingredient in the batch purposefully, as it was part and parcel of the Coke everyone knew and loved.

On the other hand, it was not just a simple open and shut question, for the Coca-Cola Company was not owned or run by Jews, and quite obviously was not marketing Coke exclusively for Jews.

Therefore, Rabbi Geffen was in a bit of a dilemma: did this situation fall under the category of “Ain Mevattelin Issur L’chatchila” and therefore be unacceptable for purchase by the kosher consumer? And, even if it did not, and was permissible for purchase, was he allowed to give his hashgacha on a product that contained a non-kosher ingredient?

Before we get to the punch line, let us “go through the inyan”.

The Radbaz, in his responsa³, makes a distinction between a scenario where a non-Jew nullifies non-kosher, where he holds that a Jew is allowed to eat of the mixture, as opposed to where a non-Jew is selling non-kosher, where he holds that it is forbidden for a Jew to purchase. He maintains that when a Jew is purchasing the item, it is as if he himself nullified it, and therefore it becomes assur for him to eat.

Many Halachic decisors agreed to his reasoning and likewise forbade a Jew from purchasing items that had non-kosher nullified inside of it⁴. However, the majority of poskim disagreed with his reasoning and concluded that it is improbable to make such a distinction⁵, as the Rambam⁶ himself held that it is acceptable to procure such items, as long as it was done by a non-Jew, and therefore is suitable for purchase.

However, this matter is even more complicated, for the Tashbatz⁷ made a further qualification to this permissible ruling. He maintained that although one may rely upon a non-Jew’s nullification for purchase in infrequent circumstances, conversely, if the non-Jew is doing it for his job, or on a frequent basis, then certainly it is considered as if the Jew himself nullified it. Several poskim agreed to this decision as well⁸. Following this ruling would seem to imply that Coke would have to be prohibited to the kosher consumer, as it is definitely mass produced.

So, now us being the wiser, having a rudimentary understanding of the issues involved, what did Rabbi Geffen decide to do? Feeling uncomfortable by having to make such a decision (sort of like between a rock and a hard place), where Gedolim through the ages have taken stands on both sides of the matter, he did the only thing he felt he could do – try to make shalom! He went to Coca-Cola and asked them to change their formula! Surprisingly, out of respect to him, the executives listened and the company took out the problematic ingredients, and substituted them with kosher alternatives, making the soft drink kosher l’chatchila for everyone.

Rabbi Geffen later published the whole account, as well as the Halachic reasoning behind his actions, in his responsa⁹. Later Halachic authorities as well, ruled similarly to Rabbi Geffen’s sound logic and reasoning, and hold that although there is what to rely upon when it comes to buying, nevertheless, when it comes to granting hashgacha, a Rabbinic authority should not give a seal of approval to an item that has nullified issur inside.¹⁰

So the next time you partake in a nice, cool, refreshing glass of Coke, you should think of Rabbi Geffen, as well as all the “behind the scenes kashrus issues” that went into making sure that “Coke is it”, even for the kosher consumer. ^{11 12}

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Halacha For the Layman Bitul B'Shishim, Coca Cola, Kashrus