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Owning Chametz on Pesach: Difference between revisions

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==Storing a Non-Jew's Chametz==
==Storing a Non-Jew's Chametz==
# It is forbidden for a Jew to store a non-Jew's Chametz on his property if he accepts any responsibility for its loss or theft.<ref>Rosh Pesachim 1:4 citing the Ri, Rambam Chametz Umatzah 4:3, Shulchan Aruch O.C. 440:1 </ref> Some say that it is forbidden even if he accepts any responsibility even if it is just responsibility for his negligence.<ref>Bahag cited by Rosh Pesachim 1:4</ref>
# It is forbidden for a Jew to store a non-Jew's Chametz on his property if he accepts any responsibility for its loss or theft.<ref>Rosh Pesachim 1:4 citing the Ri, Rambam Chametz Umatzah 4:3, Shulchan Aruch O.C. 440:1 </ref> Some say that it is forbidden even if he accepts any responsibility even if it is just responsibility for his negligence.<ref>Bahag cited by Rosh Pesachim 1:4</ref>
# It is forbidden for a Jew to store a non-Jew's Chametz even if he does not accept responsibility if the non-Jew will force him to have to pay in the event of theft or loss.<ref>Rambam Chametz Umatzah 4:4, Shulchan Aruch O.C. 440:1. Regarding the Raavad's questions from the Gemara and from logic how a Jew could voilate owning Chametz of a non-Jew if he didn't accept any responsibility, the Midgal Oz (Chametz Umatza 4:4) answers that in Pesachim 6a it is clear that a Jew can be responsible for Chametz of a non-Jew even if he isn't formally considered his property. See Even Haezel for another approach in that the Jew accepted the responsibility by paying for the loss or theft. Maharit Bechorot 2:17 explains that the Rambam is only speaking about a rabbinic prophibition since it appears like his property in that he is paying for loss or theft. He compares it to the Rashba Chullin 39b s.v. chazinan.</ref> Some think this is permitted since the Jew didn't willingly accept any responsibility.<ref>Raavad Chametz Umatza 4:4</ref>
# It is forbidden for a Jew to store a non-Jew's Chametz even if he does not accept responsibility if the non-Jew will force him to have to pay in the event of theft or loss.<ref>Rambam Chametz Umatzah 4:4, Shulchan Aruch O.C. 440:1. Regarding the Raavad's questions from the Gemara and from logic how a Jew could violate owning Chametz of a non-Jew if he didn't accept any responsibility, the Midgal Oz (Chametz Umatza 4:4) answers that in Pesachim 6a it is clear that a Jew can be responsible for Chametz of a non-Jew even if he isn't formally considered his property. See Even Haezel for another approach in that the Jew accepted the responsibility by paying for the loss or theft. Maharit Bechorot 2:17 explains that the Rambam is only speaking about a rabbinic prohibition since it appears like his property in that he is paying for loss or theft. He compares it to the Rashba Chullin 39b s.v. chazinan.</ref> Some think this is permitted since the Jew didn't willingly accept any responsibility.<ref>Raavad Chametz Umatza 4:4</ref>


==Sources==
==Sources==
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[[Category:Pesach]]
[[Category:Pesach]]
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