Selling Non-Kosher Foods

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Prohibition

  1. It is forbidden for a Jew to sell or gift non-Kosher food to a non-Jew provided that it is Biblically forbidden or has a doubt of being Biblically forbidden[1]. However, something that is only rabbinically forbidden one can sell to a non-Jew.[2]
  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.[3] However, some hold that it is only a rabbinic enactment so that a Jew doesn't come to eat the non-Kosher food.[4]
  3. Just as it is forbidden to sell non-Kosher food to a non-Jew it is forbidden to give a non-Jew a give of non-Kosher food.[5]
  4. Some poskim permit feeding one's non-Jewish workers non-Kosher food, while others forbid this.[6]
  5. It is permitted to sell non-Kosher animals to a non-Jew if they are going to be worked and not eaten such as horses, donkeys, or camels.[7]
  6. One can sell vegetables that have bugs in them since one isn't profiting from the bugs.[8]
  7. 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]
  8. 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]

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.[13]
  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.[14]

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.[15]
  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.[16] One should sell it immediately and not keep it around to grow and become more expensive.[17]
  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.[18] Some are lenient.[19]

Sources

  1. ↑ Rabbi Akiva Eiger 117:1. 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.
  2. ↑ Shulchan Aruch 117:1
  3. ↑ Kaf Hachaim 117:1 based on many poskim, see also Darkei Teshuva 117:25
  4. ↑ Taz 117:1 explains that the Rashba holds that the derivation is only an asmachta.
  5. ↑ Shach 117:3
  6. ↑ Rama 117:1 is strict but Shach 117:3 is lenient. Kaf Hachaim 117:12 quotes Pri Chadash 117:3 as lenient and Pri Toar 117:3 as strict.
  7. ↑ 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.
  13. ↑ 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.
  14. ↑ 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.
  15. ↑ Rama 117:1
  16. ↑ Shulchan Aruch Y.D. 117:1
  17. ↑ Rama 117:1, Shach 117:11
  18. ↑ Shach 117:6 citing Bet Yosef, Taz 117:3
  19. ↑ Shach 117:6 citing Rama Mpano 409
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