Chametz of a Non-Jew: Difference between revisions

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==Smelling Chametz on Pesach==
==Smelling Chametz on Pesach==
# It is forbidden to smell chametz of a non-Jew or Jew on Pesach to derive pleasure.<ref>The Biur Halacha 443:1 s.v. afilu writes that smelling a non-Jew's chametz on Pesach is a discussion of the achronim. Some say it is forbidden since even chametz of a non-Jew is forbidden from benefit, while others say that there's no prohibition of smelling something that is forbidden from benefit unless it is designated for smelling (S"A YD 108:6). However, the Biur Halacha points out that whether bread is considered disgnated for smell is a dispute of the rishonim (Rama OC 216:14). Biur Halacha concludes that it is forbidden for two other reasons: some say that smelling something forbidden from benefit like eating it if it is forbidden in any amount like chametz. Also, there's a concern that one will come to eat it.</ref>
# It is forbidden to smell chametz of a non-Jew or Jew on Pesach to derive pleasure.<ref>The Biur Halacha 443:1 s.v. afilu writes that smelling a non-Jew's chametz on Pesach is a discussion of the achronim. Some say it is forbidden since even chametz of a non-Jew is forbidden from benefit, while others say that there's no prohibition of smelling something that is forbidden from benefit unless it is designated for smelling (Rashba 3:234, S"A YD 108:6). However, the Biur Halacha points out that whether bread is considered designated for smell is a dispute of the rishonim (Rama OC 216:14). Biur Halacha concludes that it is forbidden for two other reasons: some say that smelling something forbidden from benefit like eating it if it is forbidden in any amount like chametz. Also, there's a concern that one will come to eat it. Ben Ish Chai Tzav 39 concludes that it is forbidden to smell chametz on Pesach.</ref>
# One shouldn’t go out of one’s way to derive pleasure by smelling Chametz but if one is minding his own business one doesn’t have to leave the area where there is a smell of Chametz. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 76:30 and 78:30.</ref> If someone is in the street and there's a chametz restaurant he doesn't need to go around not to smell the chametz food.<ref> Siddur Pesach Kehilchato v. 1 10:11 writes that there's no prohibition to smell chametz in a non-Jewish restaurant on Pesach if one isn't trying to get benefit. He explains that even if there's another path that would avoid it, it is permitted based on the principle of efsher vlo kmechaven (Pesachim 25b, see Bet Yosef YD 142:9 citing Ran A"Z 21a). </ref>
# One shouldn’t go out of one’s way to derive pleasure by smelling Chametz but if one is minding his own business one doesn’t have to leave the area where there is a smell of Chametz. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 76:30 and 78:30.</ref> If someone is in the street and there's a chametz restaurant he doesn't need to go around not to smell the chametz food.<ref> Siddur Pesach Kehilchato v. 1 10:11 writes that there's no prohibition to smell chametz in a non-Jewish restaurant on Pesach if one isn't trying to get benefit. He explains that even if there's another path that would avoid it, it is permitted based on the principle of efsher vlo kmechaven (Pesachim 25b, see Bet Yosef YD 142:9 citing Ran A"Z 21a, Shach YD 142:34). Rav Shlomo Zalman in Halichot Shlomo 4:12 holds that one can't actively do an action to smell chametz on Pesach. See the footnote where he explains that the Rosh Pesachim 2:2 holds that if one is walking in a place where there is definitely a forbidden smell one should hold one's nose closed.</ref>


==Sources==
==Sources==

Revision as of 15:11, 15 February 2019

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  1. If a non-Jew brings his own Chametz into one’s property as long as the non-Jew is holding onto the Chametz the Jew doesn’t have to get rid of the Chametz. [1]
  2. Whether or not one is home for Pesach, having a non-Jewish worker eat Chametz (which belongs to the non-Jew) in one’s property on Pesach is problematic if it is one’s responsibility to feed one’s worker or if one usually feeds him (such as a house maid in the house), however, if one never provides them with food it’s permissible for the non-Jew to eat Chametz in one’s house. [2]
  3. There’s no reason or special practice to sell Chametz if one can eat all one’s Chametz. [3]
  4. One may eat at the same table as someone who is eating non-kosher if one puts down something which will serve as a designation that the two aren’t eating together (a placemat or table cloth on one person’s area), however one may not eat food at the same table as someone who is eating Chametz. [4]
  5. One may not provide Chametz for workers to eat nor should one bring one’s workers to a Chametz restaurant even if one isn’t paying for the food. However, if the non-Jewish worker goes to the restaurant to eat it’s permissible to pay for his bill as long as one didn’t order the food for him. [5]
  6. If a non-Jew gives a Jew a present containing Chametz one may not accept such a gift on Pesach. [6]

Smelling Chametz on Pesach

  1. It is forbidden to smell chametz of a non-Jew or Jew on Pesach to derive pleasure.[7]
  2. One shouldn’t go out of one’s way to derive pleasure by smelling Chametz but if one is minding his own business one doesn’t have to leave the area where there is a smell of Chametz. [8] If someone is in the street and there's a chametz restaurant he doesn't need to go around not to smell the chametz food.[9]

Sources

  1. ↑ Shulchan Aruch OC 440:3, Rabbi Sobolofsky at yutorah.org between minutes 6 and 8
  2. ↑ Rabbi Sobolofsky at yutorah.org between minutes 8 and 10
  3. ↑ Rabbi Sobolofsky at yutorah.org between minutes 12 and 13
  4. ↑ Rabbi Sobolofsky at yutorah.org between minutes 13 and 15
  5. ↑ Rav Yisrael Belsky on OU Pre-Pesach Webcast 5771 between minutes 64:30 and 67:30
  6. ↑ Rav Yisrael Belsky on OU Pre-Pesach Webcast 5771 between minutes 67:30 and 68:30
  7. ↑ The Biur Halacha 443:1 s.v. afilu writes that smelling a non-Jew's chametz on Pesach is a discussion of the achronim. Some say it is forbidden since even chametz of a non-Jew is forbidden from benefit, while others say that there's no prohibition of smelling something that is forbidden from benefit unless it is designated for smelling (Rashba 3:234, S"A YD 108:6). However, the Biur Halacha points out that whether bread is considered designated for smell is a dispute of the rishonim (Rama OC 216:14). Biur Halacha concludes that it is forbidden for two other reasons: some say that smelling something forbidden from benefit like eating it if it is forbidden in any amount like chametz. Also, there's a concern that one will come to eat it. Ben Ish Chai Tzav 39 concludes that it is forbidden to smell chametz on Pesach.
  8. ↑ Rav Schachter on OU Pre-Pesach Webcast 5771 between minutes 76:30 and 78:30.
  9. ↑ Siddur Pesach Kehilchato v. 1 10:11 writes that there's no prohibition to smell chametz in a non-Jewish restaurant on Pesach if one isn't trying to get benefit. He explains that even if there's another path that would avoid it, it is permitted based on the principle of efsher vlo kmechaven (Pesachim 25b, see Bet Yosef YD 142:9 citing Ran A"Z 21a, Shach YD 142:34). Rav Shlomo Zalman in Halichot Shlomo 4:12 holds that one can't actively do an action to smell chametz on Pesach. See the footnote where he explains that the Rosh Pesachim 2:2 holds that if one is walking in a place where there is definitely a forbidden smell one should hold one's nose closed.
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