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Challenges to Shechita and Its Protection By CHALLENGES TO SHECHITA AND ITS PROTECTION BY GOVERNMENT AND LEGISLATION.. IN LATE 20TH CENTURY BRITAIN RABBI NEVILLE KESSELMAN Barrister-at-Law (of Gray's Inn)' .M.A. Hebrew and Jewish Studies This dissertation was submitted . for the degree of M.A. in Hebrew and Jewish Studies UNIVERSITY OF LONDON I J (London School of Jewish Studies) U September 2001 I U ., , J LORD JANNER OF BRAUNSTONE, Q:c. 1 ,0 I­ I9 ..···1 r December 28,2001 ·l I Foreword l Rabbi Kesselman's dissertation makes a notable contribution to the understanding ofa persistent problem for Britain's Jewish community ~ challenges to shechita. So far, periodic threats to the Jewish method ofanimal slaughter have always failed. Rabbi J Kesselman explains why. ~l .. J . ] Starting from a scholarly anaIysisoIi the law and practice oftheo1ewish meth~d, the . author reviews the provisions in legislation which recognise the religious requirements of . the jewish community and protect the performance·ofshechita and the observance of jewish dietary law. He demonstrates how successive British Governments have resisted efforts to ban shechita. A no less significant feature which emerges from this work is Rabbi Kesselman's contribution to the protection ofshechita, through his legal submissions to and discussions with successive ~ on this subject. This study is an important work for its treatment ofthe theoreticaf'and practical aspects 0 hita, as affected by legislation. It presents a case for the humaneness oft e lewis method with authority and compelling presentation. \ . , Lord lanDer ofBraunstone, QC HOUSE OF LORDS, LONDON SW 1 A OPW . OFFICE: 0171976 8443/q171"222 2863 FAX: 017' 222 2864 j I , q OFFICE OF THE CHIEF RABBI ~ · .,./ ~lUN'il l'l~lU" I ~ I :1'il •• I -I ~',!..p • .. \ Union of Orthodox Synagogues of South Africa · !I )aklands Road, Orchards, 2192, Johannesburg, South Africa. Tel: 485 4865 Fax: 485 1497 P (j Box 46559, Orange Grove, 2119 I · , ChiefRabbi Cyril K. Harris, B.A., M.Pbil, F.J.C. Benefici"')' ofrhe UCFUNnED COMMUNAL FUND . (w.o.Ol 100 101 0002) . J The frequency of the agitation against Shechita, whether occasioned by animal welfare ':11') organisations or manifestations of anti-Semitism, and sometimes both, necessitates access to accurate technical information and expert opinion. All those involved in countering attacks on Shechita will be indebted to the author of .11 this important contribution to the crucial debate. Rabbi Neville Kesselman, an intrepid. fighter for the JeWish r~ligious cause, has examined the .instances of challenges to Shechita in Britain in the decades towards the end of the 20th century. With scholarly .1 precision and care he gives us an incisive account of the attacks on various fundamental aspects affecting Shechita and their effective rebuttal. ./ In that Jewish communities aro'und the world are pressurized from time to time regarding Shechita, this book provides not only an academic record but is a valuable :.1 and forthright example of how best to counteract these attempts. ;I J l~ J C.K. HARRIS CHIEF RABBI · .I ·I · I D U , i DAYANGAVRIEL KRAUSZ Rosh Beth Din. Manchester ' .' ;, I 'IIBLeicester Road 1"1' "'Jill ,nolUJO P"P' '''::lK' , MOnChester M7 4GF Tel: 0161 7<Ul4548 Fax: 0161 7<Ul9300 , , i1:l,::li1 "pO o"ne ' Offtce: ' 435 Cheelham Hm Road' , Manchester,MB OPF , Tel: 0161 7<Ul9711 FalC 0161 721 4249 APPROBATION - HASKAMAH , January 2002 ~ Shevat 5762 J It affords me great pleasure to write an approbation to the superb booklet, :-~0 ,·Challenges to Shechit.a and it~ Protection: compiled by Rabbi Neville I- Kesselman. Barrister-at-Law (of Gray's Inn). The work is, an, ,absolute master­ piece and will no doubt serve as the text-book,should shechita at some iuture time reqUire. G-d forbid, protection again. " '-I Rabbi Kesselman <;lid not merely compile ali erudite. professional dissertation; he actually acted accoTding to ~is writings. lean testify to this from first~h9nd , -/ knowledge. as r was priVileged some twelve years ago to work closely With Rabbi, Kesselman in defence of shechita. The future of kosher meat 'consumption in Britain hUl;g delicately in the balance. as the opponents of shechita launched' a fierce attack against the time-hallowed practice of th,e ..I Jewish method. Rabbi Kesselman. in conjunction with his able and devoted team of assistants. contributed immensely and decisively to proving to , Government and Parliament. that shechita is a perfectly humane' method of J slaughter. _I We herewith wish to put on record our deep appreciation to successive British J governments for accepting these compelling arguments. ' Furthermore. British governments have always recognized the religious o obligations of the Jewish community in regard to shechita in particular, as well as to religious observance in general. They have always respected the right J to freedom of religion ofthe Jewish community as well as the right of all other ' religious faiths. :I We wish Rabbi Kesselman great success in the publication of this magnificent , dissertation as well as in all his endeavours for the good of the community. J (Dayan) G. Krausz .J J ~ l/ ((CJCV J , ,I~ '-:J ! / LJ<..'~ 2e, ~. ]1 1:'­ I A I Professor Chimen Abramsky Highg~te. London N6 APPROBATION 12 Decerriber2001 Dear Rabbi Kesselman. Many thanks for giving me the. opportunity to read your very leamed· . monograph ·Challenges to Shechita". 1.leameda lot on the political-legal battles on the related issues to shechita. It should be published for a wider public. I As a student of history, opposition to shechita can be subdivided into three I categories: (1) those who oppose it on the ground of cruelty to animals (tsa'ar . ba'alei chaim); these are a very small minority; (2) anti-semitic governments and groups: these form the majority; (3) a mixture of (1) and (2), these are mostly confused and speak in pseudo-scientific terminology. Once again. many thanks for letting me read it. - I I J -I 1 CHALLENGES TO SHECIDTA AND ITS PROTECTION --I BY GOVERNMENT AND LEGISLATION IN LATE 20TH CENTIJRY BluTAIN :-1 IS BI'I 0 'In 6 4-].1 5, a .-1 CONTENTS l Page(s) J Abstract of Dissertation. I .--) -1­ Chapter I - Shechita 2 - 4 - --I Sources of Jewish law for shechita 3 Shechita defined in English law - 3 ] Shechita defined in the law of the United States ofAmerica 4 ] Chapter 2 - Species of Animals and Birds 5 - 10 ] Animals pennitted (kasher) for food by Jewish law 5 :I Birds permitted (kasher) for food by Jewish Law 6 J Animals and birds defined by English legislation as permitted for shechita 6 o Animals and birds halachically disqualified (non-kasher) 7 J Halachic prohibition against stunning 7 Post-mortem inspection and examination required by halacha 8 .1 Statutory exemption from the prohibition against pleural inflation 8 .J Post-shechita rules ofkashrut (Jewish dietary law) 9 J Statutory exemption from the irllinersion chilling provisions for poultry 10 j I Fl ~I CONTENTS Page(s) Chapter 3 - The Chalaf- The Instrument ofShechita 11-25 Setting arid inspecting the chalaf 12 The quality of the chalaf 12 Halachic examination of the chalaf 12 A challenge to the integrity of the chalaf (1994) 13 Proposed wide statutory duty to inspect the chalaf 13 Objections to the proposed legislation 14 , ' ) I Requested amendment ofproposed legislation 14 An interference with shechita 15 '1 Statutory language to be unambiguous . 16 I A challenge to the integrity of the chalaf (1998) 17 The demand of the Meat Hygiene Service 17 I Refusal ofShochetim to comply 18 I Attempts to enforce the legislation 18 I) Threat to shechita in the United Kingdom 19 Interpreting the legislation 19 "Fresh meat" defined 20 The Minister's case 21 The case against the Minister's interpretation 21-22 Lack of consultation prior to enactment 22-23 I .J Meeting with Minister's advisors and MAFF officials 23 24 I The Minister reconsiders his interpretation Proposed resolution 24- 25 J Amendment ofMHS Operatiqns Manual (1999) 25 ;] II ] rl~ - I CONTENTS I Page(s) . ) Chapter 4 - The Shechita Incision (the Chituch) 26..:.29 l Avoidance of five impediments to halachic incision 26 Homa's classic description of the incision (1967) 27 J Abolition of consciousness 27 :l Anoxia 28 .F) Anastomosis ofthe Circle ofWillis in ruminants 28 Humaneness ofthe incision examined 29 :1 th .1 Chapter 5 - Shechita - Challenge and Defence in 20 Century Britain 30-46 The Admiralty Report (1904) 30 : I Response of the London Committee of Deputies 30-31 : I Rebuttal ofAdmiralty conclusions 32 ~IJ Report ofthe Special Committee to London Committee ofDeputies (1905) 32 Shechita further examined: The Lancet; Bayliss; Lovatt-Evans; (1923-1955) 33 U Significant scientific evidence: Dukes (1958); Schulze (1985) 34 '-I Observations on stwming methods 34 RSPCA survey (1990) 35 .1 RSPCA attack on shechita (1995) 35 - 36 I J Action against RSPCA (1996) 36-38 Other challenges to shechita in late 20th century Britain 39 I .. 1 House ofLords debate on shechita (1962): Lord Somers and Lord Cohen 39 lii CONTENTS Page(s) l Chapter 5 - Shechita"- Challenge and Defence in 20th Century Britain (continued) The Fann Animal Welfare Council (FAWC) 40 "--I FAwe Report 1984 40 FAWC Report 1985 40-41 1 Identification and labelling ofmeat 42 'l~) Threat to the integrity of the shechita incision (1985) 43 -44 ] An Approach to the Prime Minister 44 The Humane Conditions Regulations 1990 45 :1 House of Lords debate on shechita (1990): Lord Houghton and Lord Iakobovits 45 - 46 : I : I Conclusions 47-49 ~ I,) - Endnotes 50-58 LI I Bibliography 59-67 fI Books 59 - 61 iJ Articles 61-63 Reports 63 [J Letters 63 I Pamphlets 64 f .I Submissions to Government 64 - 65 ~ Legal Submissions 65 - 66 l iv CONTENTS Page(s) Bibliography (continued) -I Legislation (currently regulating and protecting shechita and kashrut) 66 ] Legislation (Acts ofParliament and Statutory Instruments regulating and protecting shechita, now repealed and revoked) .
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