Halachot Related to Coronavirus/COVID-19 Pandemic: Difference between revisions
From Halachipedia
Halachot Related to Coronavirus/COVID-19 Pandemic (view source)
Revision as of 18:30, 18 March 2021
, 18 March 2021→Bedikat Chametz and Biur Chametz
| Line 174: | Line 174: | ||
#A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref> | #A person can sell his chametz on the phone or online and if possible a kinyan can be made virtually in order to appoint the rabbi to sell the chametz. The kinyan would take place as follows: the rabbi would ask if there's someone standing next to the one who wants to appoint the rabbi and if there is then that person can give a pen or a utensil to the one who wants to appoint the rabbi as his shaliach. This is considered a valid kinyan between the person standing there and the one who wants to appoint the rabbi on behalf of the rabbi to be appointed. If that isn't feasible it isn't necessary. Nonetheless, one could stipulate in the document that this appointment of the rabbi is done with the full knowledge of its legal ramifications and it is accepted completely.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-1-Mar-24-2020.pdf Rav Hershel Schachter (Teshuva dated 28 Adar 5780 p. 2)], Nefesh Harav p. 179, [https://zoom.us/rec/play/7sJ8f-2h_Dw3T4KRtgSDC6AoW429LfqshnVI-_tcmkewVnQEZlDyMrYTarN3uUfeS8PCmTWJp298J75t Rav Schachter (min 1-5)] explained that the minhag is to make a kinyan to appoint a someone to sell something for you. This is classically done with a handing of a handkerchief from the rabbi to the one selling chametz. However, when they call on the phone that isn't possible. The Steipler held in such a case it isn't necessary to be careful about that minhag and simply have the person orally declare that he appoints the rabbi. However, Rav Soloveitchik felt that we should try to fulfill the minhag in any event. How can it be fulfilled? One can have someone standing in the room next to the person on the phone give something to the person on the phone on behalf of the rabbi. That is an effective halachic kinyan on behalf of the rabbi (see Kiddushin 7a). [https://www.torahanytime.com/#/lectures?v=106099 Rav Shmuel Fuerst (min 10)] explained that one can appoint the rabbi to sell his chametz online. Rav Asher Weiss (Minchat Asher Corona p. 66) agrees. [https://youtu.be/Yo6IJi2V-bw Rav Nevinsal] allowed appointing the rabbi online if he is a talmid chacham.</ref> | ||
#There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref> | #There is no issue with the selling of Chametz even though the Chametz is in a locked building or in a place that isn't accessible to the non-Jew because of the coronavirus situation.<ref>[https://www.yutorah.org/lectures/lecture.cfm/950290/rabbi-hershel-schachter/piskei-corona-10-chametz-sheeno-birshuso/ Rav Schachter (Piskei Corona #10)]</ref> | ||
#Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after | #Some poskim allow ordering chametz on Pesach if one is certain that it will only be delivered after Pesach. If Chametz arrives while it is still Pesach by mistake, one must refuse the delivery.<ref>[https://www.yutorah.org/lectures/lecture.cfm/951179/rabbi-hershel-schachter/piskei-corona-17-ordering-chametz-from-a-non-jew-on-pesach-to-arrive-after-pesach/ Rav Schachter (Piskei Corona #17)] explains that it isn't considered rotzeh bkiyumo, wanting the chametz to continue to exist, to order the chametz since one doesn't insist on any particular box of chametz that the company provides. However, one certainly may not acquire it with a kinyan such as picking it up or moving it. Even if it is delivered into one's property if one has intention not to acquire it, one doesn't acquire it. Yet, one can't even protect it since doing so is an issue of rotzeh bkiyumo. [https://yeshiva-university.zoom.us/rec/play/usAsduuh-283HoLAtASDAPZ9W9S0eq2s0igX-_pez0jkW3EFZFr1M7QRa7Qf9B_vOGt5lyO0vcW9I1-0?startTime=1585760529000&_x_zm_rtaid=CQsocm3ZRaq6pGgFL5OMGQ.1585880286593.75ff95374a21dbfc2f0c45524d508e2a&_x_zm_rhtaid=674 Rav Willig (April 1 2020, min 0-2)] agreed in technical terms.</ref> | ||
===Buying for Pesach=== | ===Buying for Pesach=== | ||
