Selling Non-Kosher Foods: Difference between revisions
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===Source and Reason=== | ===Source and Reason=== | ||
# It is forbidden for a Jew to sell or gift<ref>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.</ref> non-Kosher food to a non-Jew provided that it is Biblically forbidden or has a doubt of being Biblically forbidden<ref>Rabbi Akiva Eiger 117:1. Rambam Machalot Asurot 8:18 implies this as well. 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. [https://www.hebrewbooks.org/pdfpager.aspx?req=19780&st=&pgnum=14 Peni Moshe 1:3] proves from the Rambam that he holds it is a biblical prohibition to sell non-kosher food from the fact that he forbids selling something which is only a doubt of being non-kosher.</ref>. However, something that is only rabbinically forbidden one can sell to a non-Jew.<ref>Shulchan Aruch Y.D. 117:1</ref> | # It is forbidden for a Jew to sell or gift<ref>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.</ref> non-Kosher food to a non-Jew provided that it is Biblically forbidden or has a doubt of being Biblically forbidden<ref>Rabbi Akiva Eiger 117:1. Rambam Machalot Asurot 8:18 implies this as well. 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. [https://www.hebrewbooks.org/pdfpager.aspx?req=19780&st=&pgnum=14 Peni Moshe 1:3] proves from the Rambam that he holds it is a biblical prohibition to sell non-kosher food from the fact that he forbids selling something which is only a doubt of being non-kosher.</ref>. However, something that is only rabbinically forbidden one can sell to a non-Jew.<ref>Shulchan Aruch Y.D. 117:1</ref> | ||
# 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.<ref>Tosfot Pesachim 23a s.v. amar, Rosh Bava Kama 7:13, Rabbenu Dovid Pesachim 23a, and Maharam Chalavah 23a. Meor Yisrael Pesachim 23a also cites Nemukei Yosef Bava Kama, Tashbetz 3:292, Rabbenu Yerucham 15:5, Or Zaruah 1:330, and Aguda 2:17 as holding it is biblical. Kaf Hachaim 117:1 based on many poskim concludes it is biblical, see also Darkei Teshuva 117:25. Note that Nodeh Beyehuda YD 2:62 favors the approach of the Rashba and Trumat Hadeshen | # 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.<ref>Tosfot Pesachim 23a s.v. amar, Rosh Bava Kama 7:13, Rabbenu Dovid Pesachim 23a, and Maharam Chalavah 23a. Meor Yisrael Pesachim 23a also cites Nemukei Yosef Bava Kama, Tashbetz 3:292, Rabbenu Yerucham 15:5, Or Zaruah 1:330, and Aguda 2:17 as holding it is biblical. Kaf Hachaim 117:1 based on many poskim concludes it is biblical, see also Darkei Teshuva 117:25. Note that Nodeh Beyehuda YD 2:62 favors the approach of the Rashba and Trumat Hadeshen 200 who think it is only rabbinic.</ref> However, some hold that it is only a rabbinic enactment so that a Jew doesn't come to eat the non-Kosher food.<ref>Taz 117:1 explains that the Rashba holds that the derivation is only an asmachta.</ref> | ||
===Gifts=== | ===Gifts=== | ||
