Selling Non-Kosher Foods
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- It is forbidden for a Jew to sell or gift non-Kosher food to a non-Jew provided that it is Biblically forbidden or has a doubt of being Biblically forbidden. However, something that is only rabbinically forbidden one can sell to a non-Jew.
- The reason it is forbidden to sell non-Kosher to a non-Jew is based on a pasuk and according to many poskim this derivation is Biblical. However, some hold that it is only a rabbinic enactment so that a Jew doesn't come to eat the non-Kosher food.
- Just as it is forbidden to sell non-Kosher food to a non-Jew it is forbidden to give a non-Jew a gift of non-Kosher food.
- Some poskim permit feeding one's non-Jewish workers non-Kosher food, while others forbid this.
- It is permitted to sell non-Kosher animals to a non-Jew if they are going to be worked and not eaten such as horses, donkeys, or camels.
- One can sell vegetables that have bugs in them since one isn't profiting from the bugs.
- One can do business with non-Kosher fats (chelev) of kosher animals as the pasuk says "יעשה לכל מלאכה" (Vayikra 7:24) that it can be used for any purpose.
- Many poskim permit anointing oneself with forbidden fats but since some rishonim forbid one shouldn't do it unless one is in pain. As a result some are strict not to use bar soap that was made from forbidden non-Kosher fats (such as lard).
- Some are lenient to allow a Jew who owns a store that sells non-Kosher to make a partnership with a non-Jew and all of the non-Kosher food will be the property of the non-Jew.
- Some defend the practice of Jewish owners who sell non-Kosher food as a small part of their business in order to make money to pay rent and taxes. However, most poskim hold that this is forbidden.
A Shochet, Hunter, or Fisherman
- A shochet who does shechita in order to sell kosher meat and on occasion has a Teref or Nevelah animal is allowed to sell it to non-Jews since it isn't his intention.
- A hunter or fisherman who trapped a non-Kosher animal may sell it to a non-Jew since it wasn't his intention to trap it. One should sell it immediately and not keep it around to grow and become more expensive.
- If someone is hunting or fishing for sport and not as a profession and they trap a non-Kosher animal they may not keep it to give to a non-Jew. Some are lenient.
- Hagahot Maimoniyot Machalot Asurot 8 establishes that it is forbidden to give a gift of Biblically non-kosher food to a non-Jew just like it is forbidden to sell them non-kosher food. Bet Yosef 117:1 explains that it is based on the fact that when you give a gift it is like paying someone since people generally don't give gifts unless it is in exchange for a favor. Shach 117:3 quotes this and doesn't argue on this part. Kaf Hachaim 117:28 agrees and cites many who do as well including Pri Chadash 117:3, Pri Toar 117:3, Makom Shmuel 77, Shoel Umeishiv 1:3:122, and Mahari Ayash in Bet Yehuda 15. Ben Yisrael Lnochri YD 15:8 also says it is forbidden to gift a non-Jew non-Kosher food.
- Rabbi Akiva Eiger 117:1. See Kaf Hachaim Y.D. 117:1 who writes that this depends on whether selling non-Kosher is Biblically prohibited or only rabbinically. If it is only rabbinic then if a food is a doubt then it can be sold.
- Shulchan Aruch 117:1
- Kaf Hachaim 117:1 based on many poskim, see also Darkei Teshuva 117:25
- Taz 117:1 explains that the Rashba holds that the derivation is only an asmachta.
- Shach 117:3, Kaf Hachaim 117:28
- Rama 117:1 is strict but Shach 117:3 is lenient. Kaf Hachaim 117:12 quotes Pri Chadash 117:3 as lenient and Pri Toar 117:3 as strict.
- Shulchan Aruch Y.D. 117:1, Shach 117:1. Kaf Hachaim 117:2 points out that this depends on the majority practice of the time and place.
- Kaf Hachaim 117:3
- Shach 117:4, Kaf Hachaim 117:13
- Shulchan Aruch Y.D. 117:1
- Kaf Hachaim 117:15 cites Tosfot Niddah 32a and Avoda Zara 77a, Rashba, Ritva, Tosfot Harosh, and Meiri niddah who are lenient with anointing oneself with non-Kosher fats. Isur Vheter 39:24 forbids anointing oneself with forbidden fats since anointing is like drinking. He concludes that although most poskim are lenient including Zivchei Tzedek 117:45 it is good to be strict unless one is in pain. Nekudat Hakesef 117 is lenient.
- Nekudat Hakesef 117 connects whether one can use soaps made from forbidden fats with the question in general of anointing oneself with non-Kosher fats. However, Pri Chadash 117:4 writes that everyone should permit the soap since it isn't edible. Biur Halacha 326:10 writes that it is proper to be strict. Kaf Hachaim 117:17 is lenient. Orchot Rabbenu v. 1 p. 290 records the practice of the Steipler not to use soap ever because of a concern of the non-Kosher soaps. However, the Chazon Ish did use kosher bar soap.
- Rav Matloub Abadi in Magen Baadi 15:2 writes one can rely on the Maharam Shik to sell non-Kosher if one has a non-Jewish partner. He stipulates that the non-Jew will buy and sell the non-kosher items. To avoid marit ayin one should have a sign pointing out that the non-Kosher foods belong to the non-Jew. Kaf Hachaim 117:71 agrees.
- Aruch Hashulchan 117:27 has leniency to defend those who are lenient. He says that they need to sell non-kosher in order to pay rent and taxes and it isn’t their main business. Therefore it is like they don’t intend to sell the non-kosher and it just ended up that they sold some non-kosher. Kaf Hachaim 117:67 and Magen Baadi 15:1 disagree.
- Rama 117:1
- Shulchan Aruch Y.D. 117:1
- Rama 117:1, Shach 117:11
- Shach 117:6 citing Bet Yosef, Taz 117:3, Kaf Hachaim 117:18
- Shach 117:6 citing Rama Mpano 29