Owning Chametz on Pesach: Difference between revisions
From Halachipedia
→Rentals and Deposits
No edit summary |
|||
| Line 6: | Line 6: | ||
* The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Tosfot Chachmei Engliya 4a is explicit that the Jew who has Chametz of another Jew in his property doesn't violate Baal Yiraeh and that Rashi 5b isn't conclusive. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, and Ran who agree. | * The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Tosfot Chachmei Engliya 4a is explicit that the Jew who has Chametz of another Jew in his property doesn't violate Baal Yiraeh and that Rashi 5b isn't conclusive. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, and Ran who agree. | ||
* The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | * The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | ||
# Similarly, | # Similarly, someone who has a deposit of another Jew's chametz in his property on Pesach must get rid of it and there is a discussion if he 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. 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 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> | ||
