Sunday, April 07, 2013

DOHENY Scandal--Guest Post- Halachic Questions- Must everyone kosherize their utensils? The RCC Certifier, should they continue?


The Doheny Scandal an Analysis
1<  The Psakהולכין אחר הרוב

3) What was the basis for the “3:00 Sunday cutoff?” Standard halachik reasoning dictates that any product that was purchased prior to our knowing about the unauthorized boxes, is permissible for use. Since the majority of the product in the store was definitely kosher, any given item that we may have purchased can halachikly be assumed
to have been from the majority. But once we knew that the unauthorized product was there, all of the stock took on the halachik status of “safek”, i.e. being of doubtful kashrut, and therefore cannot be used.

The claim that since the majority of the product in the store was definitely kosher we can assume that the meat being bought is kosher needs clarification. If a store has 1000 kosher chickens and 10 livers of which 9 are not kosher and 1 is kosher, if I purchase a liver at that store I am definitely not allowed to eat it. We can only group similar items to create the majority. We must therefore be able to establish that we had a majority of livers, tongues, rib steaks etc. against the unknown product that was brought in. We must remember that we are dealing with a חשוד  who was previously caught selling טריפות. Since we know that March 7 he was photographed bringing in a full SUV with 8 cases of unknown meat & poultry, we have to assume that this was taking place every day since that day. For example if I bought  a rib steak on March 17; how do I  know that the day before out of the 8 cases brought in there weren’t one or two cases containing rib steak which would mean that at the time of purchase the unknown rib steak was in greater quantity then the RCC rib steak. Since we don’t know how much of each product he brought in, it would be nice if someone explained the math behind guaranteeing that every item bought since March 7 had a majority of RCC product to outnumber the unknown product.

2> The Hedge – It was only NON-GLATT
To placate the consumers who can not make any sense out of the nonsense of the Psak, they have come up with a second defense; the worst case scenario was that you were only eating  NON-GLATT. There are many challenging questions about this presumption.

A> Chickens – There are no such thing as non-glatt chickens on the market. It is ridiculous to think that he was labeling Empire or Kiryas Yoel chickens with Agri labels. The only thing that makes any sense for chickens was he was labeling Perdue or a similar non kosher brand with Agri Labels.

B> Basis – The basis for this claim are Engeleman’s statements.  We must emphasize that he is a חשוד and therefore BELIEVING someone who you are NOT ALLOWED to BELIEVE is not a valid option.

C> Misrepresentation – The premise that you are allowed to give someone Non-Glatt if he only eats glatt is in direct violation of the רמ"א in סימן קי"ט ס' ז  as explained by the ש"ך in ס"ק כ that this an איסור of לפני עור. Therefore if it were Non-Glatt all purchasers should have been notified.

3> The RCC - The quality of the Hechsher.
A> Supervision – הרוצה לאבד ממונו ישכור פועלים ואל ישב עמהם This is a universal maxim and is practiced by every business in the world. Making the mashgiach a scapegoat for improper supervision is not acceptable.  Why doesn’t the RCC supervise their workers to see if they are performing properly. How many times did anyone from the Vaad HaKashrus set foot on the premises? Who was accountable for the Mashgiach’s performance? For how many months or years was the mashgiach leaving his post to go daven.

B>Auditing -· We also painstakingly reviewed invoices of product received and sold.                                                Please be so kind as to detail the frequency of the review and to publish the worksheets and formulas used to explain why the smuggling was not detected.

C> Not For Profit – They always emphasize this in their communications. This is because the public does not understand what not for profit means. Not for profit means that there are no shareholders in the organization. Therefore if the organization owned a building or had money in the bank and it closed, the money could not be distributed to members but would go to the state (Attorney General) for distribution. It is 100% legal for board members or officers to take salaries. So all profits from non profits are distributed as salaries, they are therefore just as greedy as for profit organizations and they cut just as many corners to maximize profits which are then distributed as salaries. The greed and desire for their exorbitant salaries does not allow them to hire a supervisor for their mashgichim.

D> Whistle Blowing – The fact that none of the workers reported any thing to the RCC shows the confidence level they feel in the organization.

4> The Cover Up – Why No Investigation
The fact that so much time has elapsed and nothing has been published to substantiate that טריפות was not being sold creates a רגלים לדבר that there is no way of substantiating this and the best case scenario would be ספק טריפות the worst case scenario another Finkel with וודאי טריפות. According to the papers a new owner has closed on the business. Why hasn’t a forensic audit team been brought in to go through all the invoices, computer records and bank checks to try and determine the extent of the problem. The paper said that the new owner plans on retaining the old workers, why aren’t they being questioned as to what they saw and what they know.

5> Going Forward – כונתך רצויה אצל הבורא אבל מעשיך אינם רצוים
Even though we must praise the new owner for investing a large sum of money to keep the price of Glatt Kosher affordable to as many people as possible. He would be doing a greater service to the community if he found another kashrus organization to give the hecsher on the store.

1 comment:

Cash Ruse said...

RCC only asked Rechnitz to buy the store so that they can keep making $ there. If kosher was the issue, the populance could have managed with Doheney being shut down and bought meat from Kehila. Its hard when you make profit per pound.