Owning Chametz on Pesach: Difference between revisions
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==Storing Chametz in a Non-Jew's Property== | ==Storing Chametz in a Non-Jew's Property== | ||
# A Jew who owns Chametz may not give it to a non-Jew to keep as a deposit even if it is stored in the non-Jew's property. If he does so he will violate owning Chametz on Pesach since in essence it is still his property.<ref>Rosh Pesachim 1:4 cites the Geonim who permitted giving his Chametz to a non-Jew as a deposit since it is physically outside his property. Their proof is a Mechilta. The Rosh disputed their position and quotes Rabbenu Yonah who also rejected the Geonim for other reasons. See Taz 440:4 for an explanation of Rabbenu Yonah. Tosfot Chachmei Angliya Pesachim 5b also agree with the Rosh. Shulchan Aruch 440:4 follows the Rosh.</ref> | # A Jew who owns Chametz may not give it to a non-Jew to keep as a deposit even if it is stored in the non-Jew's property. If he does so he will violate owning Chametz on Pesach since in essence it is still his property.<ref>Rosh Pesachim 1:4 cites the Geonim who permitted giving his Chametz to a non-Jew as a deposit since it is physically outside his property. Their proof is a Mechilta. The Rosh disputed their position and quotes Rabbenu Yonah who also rejected the Geonim for other reasons. See Taz 440:4 for an explanation of Rabbenu Yonah. Tosfot Chachmei Angliya Pesachim 5b also agree with the Rosh. Shulchan Aruch 440:4 follows the Rosh.</ref> | ||
# A Jew who owns flour and gives it as a deposit to a non-Jew to store and the non-Jew makes it into Chametz on Pesach, the non-Jew has made it forbidden Chametz and owes the Jew the value of the flour.<reF>Tosfot Chachmei Angliya Pesachim 5b quoting Rashi</ref> | # A Jew who owns flour and gives it as a deposit to a non-Jew to store and the non-Jew makes it into Chametz on Pesach, the non-Jew has made it forbidden Chametz and owes the Jew the value of the flour.<reF>Tosfot Chachmei Angliya Pesachim 5b quoting story in which a woman deposited flour with a non-Jew and then the non-Jew made it into Chametz on Pesach, thereby making it forbidden. He quotes that Rashi was asked and he said that the non-Jew owes the Jew the value of the flour. Etz Chaim by Rav Chaim of London (complied in 1287, Mosad Rav Kook 5722, Hilchot Pesach p. 312) also quotes this as well.</ref> | ||
==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> | ||
