David Sears on Pate De Foie Gras

A follow up to our previous post. We quote David Sears, he writes in his book The Vision of Eden on pages 86-87:

Pate De Foie Gras: The forced feeding of geese and other species of fowl for the production of pate de foie gras was the subject of debate among rabbinic decisors during the 18th and 19th centuries, when many Jewish families in Eastern Europe subsisted from the breeding and sale of livestock. Stuffing geese was deemed halachically unacceptable by most prominent authorities, although several, including the Chasam Sofer (R. Moshe Sofer, 1762-1839), permitted it.(75) Thus, Jewish farmers in Hungary force-fed their geese, while those living in Rumania, Poland, Ukraine, and Russia did not.

Both the unnatural method of feeding and the suffering the birds inevitably endure as their sclerotic livers become enlarged to as much as eight times their natural size raise the issue of transgressing the laws of tza'ar baalei chaim. Of pressing halachic concern is whether or not forced feeding renders the birds treifos (internally damaged). The smallest puncture in the animal's esophagus as a result of foreign matter or a coarse particle of grain in the feed would render it non-kosher. Therefore, religious Jews today almost universally abstain from pate de foiegras. Most European countries forbid raising geese for pate de foie gras for humane reasons, but some allow it to be imported.(76) Ironically, among the world's main producers of foie gras are the secular Kibbutzim (farming collectives) in Israel.(77)

Footnotes:
75. Authorities opposed to this practice include the Bach on Yoreh De'ah 33:9; Chochmas Adam 16:10; Sha'arei Tzedek on Yoreh De'ah 33; Divrei Menachem (Divrei Shalom), p. 143, col. 2; Darkei Teshuvah, Yoreh De'ah 33:131, 142, 143, citing Teshuvos HaTzemach Tzedek, no. 17, Nekudas HaKessef, et al.; She'ilas Shalom Tinyana, no. 154 (end); Tzitz Eliezer, Vol. XI, nos. 49, 55 (end), citing the Chida in Machzik Beracha, Yoreh De'ah 33:19, and R. Zvi Elimelech Spira of Dinov, et al.; ibid. Vol. XII, no. 52; Teshuvos Har Tzvi, no. 26; Shema Shlomo, Yoreh De'ah, no. 1. The Taz is inclined to permit it if the birds are fed gently. On this basis the Chasam Sofer takes a lenient view in Teshuvos Chasam Sofer, Vol. I, no. 25. Nevertheless, I am told that most Chassidim in Hungary before the Holocaust would not eat force-fed geese due to uncertainty as to their kashrus. For a comprehensive halachic perspective, see R. Binyamin Adler, Kashrus U'Treifos B'Ohf, chap. 33, sec. 98-129.

76. Austria, Czech Republic, Denmark, England, Finland, Germany, Norway, Poland, Sweden, Switzerland, as well as Australia have banned this practice. Italy has recently implemented such legislation, to be complied with by 2004.

77. The Knesset, Israel's parliament, recently initiated a process of reassessing its standards for raising fowl in order to produce pate de foieyas. As of July 2001, the forced feeding of ducks, which represent 12% of the birds slaughtered for foiegras in Israel, has been banned. However, Israel's rabbinate has opposed the forced feeding of fowl all along; see above n. 75, Teshuvos Har Tzvi, Tzitz Eliezer, op cit. R. Ovadiah Yosef, the most influential contemporary halachic authority in the Sefardic world and former Sefardic Chief Rabbi of Israel, forbids the forced feeding of fowl in Israel in Yabia Omer, Vol. 9, Yoreh De'ah, no. 3 (originally issued in 1976), both for reasons of kashrus and tza'ar baalei chaim.