Owning Chametz on Pesach: Difference between revisions
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# Similarly, if someone has a deposit of another Jew's chametz in his property on Pesach he must get rid of it and there is a discussion if the one who has it deposited by would violate Baal Yiraeh and Baal Yimaseh.<ref>Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. vkol implies that in fact neither the owner or the one who it is deposited by would violate Baal Yiraeh.</ref> | # Similarly, if someone has a deposit of another Jew's chametz in his property on Pesach he must get rid of it and there is a discussion if the one who has it deposited by would violate Baal Yiraeh and Baal Yimaseh.<ref>Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. vkol implies that in fact neither the owner or the one who it is deposited by would violate Baal Yiraeh.</ref> | ||
==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 | # 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. Rambam Chametz Umatza 4:3 and Tosfot Chachmei Angliya Pesachim 5b agree with the Rosh. The Rambam is absolutely explicit that this is a Biblical prohibition. Ran Pesachim 2b s.v. umiyhu wonders as to the source for the Rambam. Shulchan Aruch O.C. 440:4 follows the Rosh and Rambam. However, the Ramban Pesachim 6a s.v. vnireh accepts the Geonim and only thinks that there is a rabbinic prohibition to get rid of one's chametz and not simply deposit it in a non-Jew's property. Ran Pesachim 2b s.v. umeyhu agrees.</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> | # 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> | ||
