Selling Non-Kosher Foods

From Halachipedia

Prohibition

Source and Reason

  1. It is forbidden for a Jew to sell or gift[1] non-Kosher food to a non-Jew provided that it is Biblically forbidden or has a doubt of being Biblically forbidden[2]. However, something that is only rabbinically forbidden one can sell to a non-Jew.[3]
  2. The reason it is forbidden to sell non-Kosher to a non-Jew is based on a pasuk and according to many poskim this derivation is Biblical.[4] However, some hold that it is only a rabbinic enactment so that a Jew doesn't come to eat the non-Kosher food.[5]

Gifts

  1. Just as it is forbidden to sell non-Kosher food to a non-Jew it is forbidden to give a non-Jew a gift of non-Kosher food.[6]

Work Animals

  1. It is permitted to sell non-Kosher animals to a non-Jew if they are going to be used for work and not eaten such as horses, donkeys, or camels.[7]

Vegetables with Bugs

  1. One can sell vegetables that have bugs in them since one isn't profiting from the bugs.[8]

Forbidden Fats

  1. One can do business with non-Kosher fats (chelev) of kosher[9] animals as the pasuk says "יעשה לכל מלאכה" (Vayikra 7:24) that it can be used for any purpose.[10]
  2. Many poskim permit anointing oneself with forbidden fats but since some rishonim forbid one shouldn't do it unless one is in pain.[11] As a result some are strict not to use bar soap that was made from forbidden non-Kosher fats (such as lard).[12]

Workers

  1. Some poskim permit feeding one's non-Jewish workers non-Kosher food, while others forbid this.[13]

Stores

  1. Some are lenient to allow a Jew who owns a store that sells non-Kosher to make a partnership with a non-Jew and all of the non-Kosher food will be the property of the non-Jew.[14]
  2. Some defend the practice of Jewish owners who sell non-Kosher food as a small part of their business in order to make money to pay rent and taxes. However, most poskim hold that this is forbidden.[15]

A Shochet, Hunter, or Fisherman

  1. A shochet who does shechita in order to sell kosher meat and on occasion has a Teref or Nevelah animal is allowed to sell it to non-Jews since it isn't his intention.[16]
  2. A hunter or fisherman who trapped a non-Kosher animal may sell it to a non-Jew since it wasn't his intention to trap it.[17] One should sell it immediately and not keep it around to grow and become more expensive.[18]
  3. If someone is hunting or fishing for sport and not as a profession and they trap a non-Kosher animal they may not keep it to give to a non-Jew.[19] Some are lenient.[20]

Sources

  1. ↑ Hagahot Maimoniyot Machalot Asurot 8 establishes that it is forbidden to give a gift of Biblically non-kosher food to a non-Jew just like it is forbidden to sell them non-kosher food. Bet Yosef 117:1 explains that it is based on the fact that when you give a gift it is like paying someone since people generally don't give gifts unless it is in exchange for a favor. Shach 117:3 quotes this and doesn't argue on this part. Kaf Hachaim 117:28 agrees and cites many who do as well including Pri Chadash 117:3, Pri Toar 117:3, Makom Shmuel 77, Shoel Umeishiv 1:3:122, and Mahari Ayash in Bet Yehuda 15. Ben Yisrael Lnochri YD 15:8 also says it is forbidden to gift a non-Jew non-Kosher food.
  2. ↑ Rabbi Akiva Eiger 117:1. Rambam Machalot Asurot 8:18 implies this as well. See Kaf Hachaim Y.D. 117:1 who writes that this depends on whether selling non-Kosher is Biblically prohibited or only rabbinically. If it is only rabbinic then if a food is a doubt then it can be sold. Peni Moshe 1:3 proves from the Rambam that he holds it is a biblical prohibition to sell non-kosher food from the fact that he forbids selling something which is only a doubt of being non-kosher.
  3. ↑ Shulchan Aruch Y.D. 117:1
  4. ↑ Tosfot Pesachim 23a s.v. amar, Rosh Bava Kama 7:13, Rabbenu Dovid Pesachim 23a, and Maharam Chalavah 23a. Meor Yisrael Pesachim 23a also cites Nemukei Yosef Bava Kama, Tashbetz 3:292, Rabbenu Yerucham 15:5, Or Zaruah 1:330, and Aguda 2:17 as holding it is biblical. Kaf Hachaim 117:1 based on many poskim concludes it is biblical, see also Darkei Teshuva 117:25. Note that Nodeh Beyehuda YD 2:62 favors the approach of the Rashba and Trumat Hadeshen 200 who think it is only rabbinic.
  5. ↑ Taz 117:1 explains that the Rashba holds that the derivation is only an asmachta.
  6. ↑ Shach 117:3, Kaf Hachaim 117:28
  7. ↑ Tosfot Pesachim 23a, Shulchan Aruch Y.D. 117:1, Shach 117:1. Kaf Hachaim 117:2 points out that this depends on the majority practice of the time and place.
  8. ↑ Kaf Hachaim 117:3
  9. ↑ Shach 117:4, Kaf Hachaim 117:13
  10. ↑ Shulchan Aruch Y.D. 117:1
  11. ↑ Kaf Hachaim 117:15 cites Tosfot Niddah 32a and Avoda Zara 77a, Rashba, Ritva, Tosfot Harosh, and Meiri niddah who are lenient with anointing oneself with non-Kosher fats. Isur Vheter 39:24 forbids anointing oneself with forbidden fats since anointing is like drinking. He concludes that although most poskim are lenient including Zivchei Tzedek 117:45 it is good to be strict unless one is in pain. Nekudat Hakesef 117 is lenient.
  12. ↑ Nekudat Hakesef 117 connects whether one can use soaps made from forbidden fats with the question in general of anointing oneself with non-Kosher fats. However, Pri Chadash 117:4 writes that everyone should permit the soap since it isn't edible. Biur Halacha 326:10 writes that it is proper to be strict. Kaf Hachaim 117:17 is lenient. Orchot Rabbenu v. 1 p. 290 records the practice of the Steipler not to use soap ever because of a concern of the non-Kosher soaps. However, the Chazon Ish did use kosher bar soap.
  13. ↑ Rama 117:1 is strict but Shach 117:3 is lenient. Kaf Hachaim 117:12 cites those who are lenient and those who are strict. Pri Chadash 117:3 is also lenient and implies that as long as one doesn't buy non-kosher animals to raise them to feed to his workers it is permitted. Pri Toar 117:3 is strict on feeding one's workers with non-kosher food. However, he answers the Pri Chadash's proof by explaining that telling working that they can buy whatever non-kosher food they want and he'll pay the bill since he didn't buy it and then give it to them. Aruch Hashulchan 117:19 says the minhag is like the Shach.
  14. ↑ Rav Matloub Abadi in Magen Baadi 15:2 writes one can rely on the Maharam Shik to sell non-Kosher if one has a non-Jewish partner. He stipulates that the non-Jew will buy and sell the non-kosher items. To avoid marit ayin one should have a sign pointing out that the non-Kosher foods belong to the non-Jew. Kaf Hachaim 117:71 agrees.
  15. ↑ Aruch Hashulchan 117:27 has leniency to defend those who are lenient. He says that they need to sell non-kosher in order to pay rent and taxes and it isn’t their main business. Therefore it is like they don’t intend to sell the non-kosher and it just ended up that they sold some non-kosher. Kaf Hachaim 117:67 and Magen Baadi 15:1 disagree.
  16. ↑ Rama 117:1
  17. ↑ Shulchan Aruch Y.D. 117:1
  18. ↑ Rama 117:1, Shach 117:11
  19. ↑ Shach 117:6 citing Bet Yosef, Taz 117:3, Kaf Hachaim 117:18
  20. ↑ Shach 117:6 citing Rama Mpano 29
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