Owning Chametz on Pesach: Difference between revisions
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==Storing a Non-Jew's Chametz== | ==Storing a Non-Jew's Chametz== | ||
===Responsible for the 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. There is an opinion of Rashi cited by Tosfot Shevuot 44a s.v. shomer that it is only forbidden to accept the non-Jew's chametz if one accepts all responsibility including an unexpected circumstances, otherwise it is permitted. However, this opinion is rejected (Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:1).</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. There is an opinion of Rashi cited by Tosfot Shevuot 44a s.v. shomer that it is only forbidden to accept the non-Jew's chametz if one accepts all responsibility including an unexpected circumstances, otherwise it is permitted. However, this opinion is rejected (Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:1).</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> | ||
# The acquisition in question depends on what is legally binding in secular court since this is a deal between a Jew and a non-Jew.<ref>Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:2 writes that there is a dispute between the Chok Yakov 440:1 who thinks that if the deal is binding in Jewish law it is an issue, while the Chok Yosef 440:1 argues that it all depends on what the secular courts would rule. Kaf HaChayim makes a compromise; if it is common for the non-Jew to force the Jew to follow Jewish law then it is an issue even if it is binding according to Jewish law and if not then this halacha depends on secular law.</ref> | # The acquisition in question depends on what is legally binding in secular court since this is a deal between a Jew and a non-Jew.<ref>Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:2 writes that there is a dispute between the Chok Yakov 440:1 who thinks that if the deal is binding in Jewish law it is an issue, while the Chok Yosef 440:1 argues that it all depends on what the secular courts would rule. Kaf HaChayim makes a compromise; if it is common for the non-Jew to force the Jew to follow Jewish law then it is an issue even if it is binding according to Jewish law and if not then this halacha depends on secular law.</ref> | ||
# Bitul does not solve the issue of taking responsibility for a non-Jew's chametz.<ref>Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:5 and 10 cites the Shagat Aryeh 77 and Machzik Bracha 440:1 who hold that bitul is ineffective on a non-Jew's chametz, while the Mekor Chaim 440:3 holds that it is helpful to | # Bitul does not solve the issue of taking responsibility for a non-Jew's chametz.<ref>Kaf HaChayim on Shulchan Arukh Orach Chayim 440:3:5 and 10 cites the Shagat Aryeh 77 and Machzik Bracha 440:1 who hold that bitul is ineffective on a non-Jew's chametz, while the Mekor Chaim 440:3 holds that it is helpful to avoid violating Baal Yiraeh and Baal Yimaseh.</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> | # 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> | ||
===Designating a Place=== | |||
# Even if a person has Chametz of a non-Jew on his property that he has no responsibility for it he must hide the Chametz behind a wall that is 10 tefachim.<ref>Pesachim 6a, Rambam Chametz Umatza 4:2, Shulchan Aruch O.C. 440:2. Gra 440:6 points out that Rashi and Rambam hold that it is necessary to make a 10 tefach wall even if you have no responsibility for it. However, the Ramban and Rabbenu Tam (Tosfot Pesachim 6a) hold that you don't need to hide the chametz behind a 10 tefach wall unless you have responsibility for it. </ref> | |||
==Sources== | ==Sources== | ||
<References/> | <References/> | ||
[[Category:Pesach]] | [[Category:Pesach]] | ||
