Owning Chametz on Pesach: Difference between revisions
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# 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=== | ===Designating a Place=== | ||
# Chametz of a non-Jew that is stored in his house must be hidden behind a ten tefach wall.<ref>Pesachim 6a, Rambam Chametz Umatza 4:2, Rif Pesachim 2b, Rosh Pesachim 1:7, Shulchan Aruch O.C. 440:2. Bach on Rif 2b n. 2 points out that some versions of the Rif do not include this text, while the Ran on Rif s.v. chemso implies that his version of the Rif had it.</ref> This applies to all chametz even Chametz of a non-Jew on his property that he has no responsibility for, nonetheless, 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. Bet Yosef 440:2 points out that Rashi Pesachim 6a s.v. chemso and Rambam Chametz Umatza 4:2 hold that it is necessary to make a 10 tefach wall even if the Jew has no responsibility for it. However, the Rabbenu Tam (Tosfot Pesachim 6a s.v. yiched) and Ramban who hold that designating a house for chametz for which you have responsibility works, would also hold that you don't need to hide the chametz behind a 10 tefach wall unless you have responsibility for it. Gra 440:6 agrees. The Bach 440:3 s.v. vnireh (2) argues that Rabbenu Tam and Ramban only said that designated house which the non-Jew can use is sufficient for Chametz for which a person has responsibility. However, a ten tefach wall is necessary for all Chametz even if there's no responsibility. This could be proven by the fact that the Tosfot and Rosh who disagree with Rashi regarding designating a house for a non-Jew say nothing when it comes to the question of requiring a ten tefach wall. Nonetheless, the Meiri Pesachim 6a s.v. vyesh mefarshim, Rivash responsa 401, Ran 2b s.v. chemso explicitly prove the Bet Yosef's view in associating these two questions. In the view of the Bet Yosef, Meiri, and Rivash having a 10 tefach wall is equally as effective as designating a house for the non-Jew's chametz, while the Lechem Mishna Chametz Umatza 4:3 thinks that it is necessary to have both for Rabbenu Tam, designating the house for the Biblical issue of having responsibility for a non-Jew's chametz and a ten tefach wall for the rabbinic concern that a Jew will come to eat it. </ref> | # Chametz of a non-Jew that is stored in his house must be hidden behind a ten tefach wall.<ref>Pesachim 6a, Rambam Chametz Umatza 4:2, Rif Pesachim 2b, Rosh Pesachim 1:7, Shulchan Aruch O.C. 440:2. Bach on Rif 2b n. 2 points out that some versions of the Rif do not include this text, while the Ran on Rif s.v. chemso implies that his version of the Rif had it.</ref> This applies to all chametz even Chametz of a non-Jew on his property that he has no responsibility for, nonetheless, 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. Bet Yosef 440:2 points out that Rashi Pesachim 6a s.v. chemso and Rambam Chametz Umatza 4:2 hold that it is necessary to make a 10 tefach wall even if the Jew has no responsibility for it. However, the Rabbenu Tam (Tosfot Pesachim 6a s.v. yiched) and Ramban Pesachim 6a s.v. aval who hold that designating a house for chametz for which you have responsibility works, would also hold that you don't need to hide the chametz behind a 10 tefach wall unless you have responsibility for it. Gra 440:6 agrees. The Bach 440:3 s.v. vnireh (2) argues that Rabbenu Tam and Ramban only said that designated house which the non-Jew can use is sufficient for Chametz for which a person has responsibility. However, a ten tefach wall is necessary for all Chametz even if there's no responsibility. This could be proven by the fact that the Tosfot and Rosh who disagree with Rashi regarding designating a house for a non-Jew say nothing when it comes to the question of requiring a ten tefach wall. Nonetheless, the Meiri Pesachim 6a s.v. vyesh mefarshim, Rivash responsa 401, Ran 2b s.v. chemso explicitly prove the Bet Yosef's view in associating these two questions. In the view of the Bet Yosef, Meiri, and Rivash having a 10 tefach wall is equally as effective as designating a house for the non-Jew's chametz, while the Lechem Mishna Chametz Umatza 4:3 thinks that it is necessary to have both for Rabbenu Tam, designating the house for the Biblical issue of having responsibility for a non-Jew's chametz and a ten tefach wall for the rabbinic concern that a Jew will come to eat it. </ref> | ||
#Chametz of a non-Jew for which a person has responsibility is a problem even if it is hidden behind a 10 tefach wall.<ref>Rashi Pesachim 6a s.v. yiched and Rambam Chametz Umatza 4:3 both hold that chametz of a non-Jew for which a Jew has responsibility is an issue whether it is in his property or in another property or behind a 10 tefach wall. The Ramban understands that this is the opinion of the Rif as well. However, the Rabbenu Tam (Tosfot Pesachim 6a s.v. yiched) is lenient if the chametz is in a designated house for the non-Jew. Ramban, Ran 2b s.v. garsinan, [https://www.hebrewbooks.org/pdfpager.aspx?req=20516&st=&pgnum=257 Baal Haitur (Biur Chametz p. 121c)], Baal Hameor cited by Rivash responsa 401, Rosh Pesachim 1:6, and Raavad cited by Rosh agree with Rabbenu Tam. Shulchan Aruch O.C. 440:1 follows Rashi.</ref> | #Chametz of a non-Jew for which a person has responsibility is a problem even if it is hidden behind a 10 tefach wall.<ref>Rashi Pesachim 6a s.v. yiched and Rambam Chametz Umatza 4:3 both hold that chametz of a non-Jew for which a Jew has responsibility is an issue whether it is in his property or in another property or behind a 10 tefach wall. The Ramban Pesachim 6a s.v. vriyti understands that this is the opinion of the Rif as well. However, the Rabbenu Tam (Tosfot Pesachim 6a s.v. yiched) is lenient if the chametz is in a designated house for the non-Jew. Ramban Pesachim 6a s.v. ha, Ran 2b s.v. garsinan, [https://www.hebrewbooks.org/pdfpager.aspx?req=20516&st=&pgnum=257 Baal Haitur (Biur Chametz p. 121c)], Baal Hameor cited by Rivash responsa 401, Rosh Pesachim 1:6, and Raavad cited by Rosh agree with Rabbenu Tam. Shulchan Aruch O.C. 440:1 follows Rashi.</ref> | ||
==Sources== | ==Sources== | ||
<References/> | <References/> | ||
[[Category:Pesach]] | [[Category:Pesach]] | ||
