Chametz which a Jew owned on Pesach
From Halachipedia
Revision as of 13:29, 15 March 2013 by YitzchakSultan (talk | contribs) (Text replace - " Pesach." to " Pesach.")
- If a firm is owned by Jews and non-Jews and the firm provides food there is a concern of Chametz SheAver Alav HaPesach. [1]
- Vending machines in public buildings possibly could be stocked by Jews (who didn’t sell their Chametz for Pesach) and one should be concerned about Chametz SheAver Alav HaPesach unless one could ascertain the owner and the one who stocks the machine. [2]
If the chometz was not properly disposed of (i.e. burned) and was still under the ownership of a Jew (i.e. was not sold to a gentile) then one would not be permitted to have any ha'nah/benefit from those items.[3] This is colloquially referred to as "chometz sh'evar alav HaPesach" (chometz that was kept over Pesach) and was decreed as a penalty for failure to properly rid oneself of the chometz. |
Basics
Post Pesach shopping
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It should be arranged with the owners of these stores to sell all of their chometz to a non-Jew prior to Pesach even though they will be doing business with that very same chometz. This results in a two fold advantage
- All the chometz, that was in the store prior to Pesach is not prohibited because of chometz sh'evar alav HaPesach (as it is halachically not owned by a Jew)
- The owner of the store is not transgressing the issur of owning chometz on Pesach (b'al yira'eh ubal y'motzai), which he ordinarily would have been violating countless times with all of the hundreds of chometz products that he ordinarily sells.
When store is owned by non-Jew
- R' Moshe mentions that should the store owner sell any of this chometz over Pesach (which a chain store open over Pesach will invariably end up doing) he would be stealing from the non-Jew. As the chometz in his store for all intents and purpose belongs to the non-Jew who he sold it to. Although stealing from a non-Jew is not permitted, it would be worthy to do such a thing as this way the kosher customers may purchase any item that they desire immediately following Pesach as it was "goyish chometz" over Pesach. Additionally the Jewish store owner will be able to avoid transgressing the prohibition of owning chometz over Pesach many hundreds, if not thousands of times.
Exemptions
References
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