From the Rav’s Desk Monday 12th MarCheshvan: May one purchase olive oil without kosher certification (hashgacha)?

May one purchase olive oil without kosher certification (hashgacha)?

Question

I am interested in buying olive oil for home use, and I’ve noticed that many bottles in the supermarket do not have kosher certification (hashgacha). I’ve heard that extra virgin olive oil is sometimes considered less problematic, but I am concerned about possible issues with admixtures, processing, and kashrut standards, especially with modern production methods. Can you please clarify:

• Is it permissible to purchase olive oil without hashgacha from a store?

• Are there differences between extra virgin, refined, and blended olive oils in terms of kashrut concerns?
• Does the country of origin (Israel vs. abroad) affect the halachic status?

Also I have several opportunities to buy olive oil directly from Arab villagers or producers in Israel, but I am unsure about the kashrut status of these oils. For example: When visiting an Arab village in the Galilee, I was offered homemade olive oil that the producer claimed was ‘100% natural.’ Also, sometimes, a friend brings me olive oil from an Arab neighbor who makes oil every year. I also see olive oil sold at roadside stands in Arab towns, in plastic bottles with no labeling, and the price is much lower than market value. Given these situations, is it permissible to buy olive oil from Arab villagers or producers in Israel without hashgacha?

Answer

Produced Outside Israel: In general, extra virgin olive oil (שמן זית כתית) from outside Israel may be purchased without kosher certification if the label clearly states it contains only olive oil and is not refined or mixed with other oils. However, due to modern production complexities and risks of admixtures, fraud, and non-kosher additives, reliable hashgacha is strongly recommended. Certainly, blended, refined, or flavored Oils always require reliable hashgacha. Likewise, Cheap or poorly packaged olive oil may be counterfeit or adulterated and should be avoided.

Produced Inside Israel: Olive oil produced in Israel must be supervised for issues of orlah and terumot and ma’aserot, which require proper separation and supervision.

Private Production (e.g., from Arab villages): Such oils should not be purchased without kosher supervision because of several reasons including that in Israel, olive oil must be supervised for the separation of orlah, and terumot and ma’aserot (tithes) [if the source of his all this is from a Jewish orchard], as well as due to worry of adulteration of the oil with potentially nonkosher oils or additives, as well as due to use of unsupervised oil pressing facilities which may be contaminated with nonkosher oils. One may not rely on the Arabs testimony that it is from his personal orchard and free of any of the above worries.

Summary Table

Explanation

In the Pre-Talmudic dating all the way back to Daniel the prophet, there existed an attempt to enact a Rabbinical prohibition against consuming olive oil produced by non-Jews, similar to the prohibition of Bishul Akum and Afiyas Akum. This was kniown as Shemen Akum. However, this decree was not accepted by the majority of Israel and was eventually annulled by Rabbi Yehuda HaNasi. The Shulchan Aruch thus rules that there is no prohibition to use olive oil produced by non-Jews, provided the oil is kosher. It should be noted however that the following refers only to kosher oil. For many, oil is perceived as a simple product, since it is derived from plants and consists of a single ingredient. However, modern industrial production processes have changed significantly and become much more complex. Below is a professional overview of the field of oils:

The modern production of olive oil introduces several kashrus challenges:

• Admixtures: Many olive oils, especially those not labeled “extra virgin” or “virgin,” may contain other oils, including non-kosher animal fats or emulsifiers derived from non-kosher sources.
• Refining and Additives: Refined oils may involve chemicals, enzymes, or additives that are not kosher, and sometimes the refining equipment is shared with non-kosher products.
• Storage and Transport: Large tanks and containers used for olive oil may also be used for non-kosher oils, and thorough cleaning between uses is often impractical.
• Fraud and Counterfeiting: A significant percentage of olive oil sold worldwide is adulterated or mislabeled, and sometimes even the kosher certification is forged.

Israeli Olive Oil:

Olive oil produced in Israel must be supervised for issues of orlah (fruits from young trees) and terumot and ma’aserot (tithes), which require proper separation and supervision.

Orlah: The Land of Israel is abundant with olive trees, and a significant amount of olive oil is produced from them. Most olive groves are old and yield fruit for many years; however, recently, new groves have been planted with higher density and different structures than those traditionally used, to enable mechanical harvesting. As a result, there are now more young olive groves, whose fruits are prohibited due to the laws of orlah (the prohibition against consuming fruit from trees during their first three years). It should be noted that with regard to orlah, the olives would be prohibited even if the orchard is owned by a gentile. However, outside of Israel, there is no need to be concerned about orlah when the source of the olives is unknown, because the halacha states that “safek orlah b’chutz la’aretz – is permitted” (doubtful orlah outside of Israel is permitted).

Terumot and Ma’aserot: Olive oil produced under Jewish ownership in the Land of Israel is subject to the laws of terumot and ma’aserot (tithes). This is a complex process that requires knowledge and expertise in the details of the separation. According to halacha, it is forbidden to sell oil that has not been tithed, and according to some authorities, it is also forbidden to purchase such oil, even if one intends to separate the tithes later. It should be noted that oil produced from groves owned by non-Jews, and harvested and processed by non-Jews, is not subject to the obligation of tithes (ma’aserot).

Practical Guidance:

• Extra Virgin Olive Oil from Abroad: If the label states “extra virgin” or “virgin” and there is no mention of “refined oil,” and the only ingredient is olive oil, it is generally permitted without hashgacha, if produced outside Israel.
• Israeli Olive Oil: Requires reliable kosher supervision due to orlah and tithes.
• Blended, Refined, or Flavored Oils: Always require reliable hashgacha.
• Suspicious Packaging or Price: Cheap or poorly packaged olive oil may be counterfeit or adulterated and should be avoided.
• Private Production (e.g., from Arab villages): Modern methods often involve unsupervised professional facilities, and laboratory tests have found frequent adulteration. Such oils should not be purchased without kosher supervision.

Sources: https://www.kosharot.co.il/index2.php?id=42025&lang=HEB; See regarding the lack of prohibition of Shemen Goyim by oil: Shulchan Aruch, Yoreh Deah 114:7; Avoda Zara 36a; Kaf Hachaim 114:33; See regarding the allowance to purchase extra-virgin olive oil without a Hashgacha: Yabia Omer 5:9 -4; Minchas Yitzchak 4:81; Encyclopedia Lekashrut Hamazon p. 296; See regarding the issue of Arlah by trees of a gentile: Michaber 294:8; Tur 294:8; Tosafus Kiddushin 36b; Rosh 62; Ran 15a; Mordechai 501; Semag Lavin 146; Rabbeinu Shimshon Arla 3:9; Rashba 1734; Rambam Maaser Sheyni 10:5; Radbaz 580; Birkeiy Yosef 294:6; Other opinions: Some Poskim rule that the Arla fruit of a gentile is not prohibited for a Jew. [Pirush Hamishnayos of Rambam Arla 1:3; See Beis Yosef 294 and Birkeiy Yosef ibid; The Rambam in Mishneh Torah ibid retracted from this opinion]