Selling Non-Kosher Foods: Difference between revisions
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==Prohibition== | ==Prohibition== | ||
===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. 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.</ref>. However, something that is only rabbinically forbidden one can sell to a non-Jew.<ref>Shulchan Aruch 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. 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.</ref>. However, something that is only rabbinically forbidden one can sell to a non-Jew.<ref>Shulchan Aruch 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>Kaf Hachaim 117:1 based on many poskim, see also Darkei Teshuva 117:25</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> | # 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>Kaf Hachaim 117:1 based on many poskim, see also Darkei Teshuva 117:25</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=== | |||
# 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.<ref>Shach 117:3, Kaf Hachaim 117:28</ref> | # 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.<ref>Shach 117:3, Kaf Hachaim 117:28</ref> | ||
===Work Animals=== | |||
# It is permitted to sell non-Kosher animals to a non-Jew if they are going to be | # It is permitted to sell non-Kosher animals to a non-Jew if they are going to be used for work and not eaten such as horses, donkeys, or camels.<ref>Tosfot Pesachim 23a, 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.</ref> | ||
===Vegetables with Bugs=== | |||
# One can sell vegetables that have bugs in them since one isn't profiting from the bugs.<ref>Kaf Hachaim 117:3</ref> | # One can sell vegetables that have bugs in them since one isn't profiting from the bugs.<ref>Kaf Hachaim 117:3</ref> | ||
===Forbidden Fats=== | |||
# One can do business with non-Kosher fats (chelev) of kosher<Ref>Shach 117:4, Kaf Hachaim 117:13</ref> animals as the pasuk says "יעשה לכל מלאכה" (Vayikra 7:24) that it can be used for any purpose.<ref>Shulchan Aruch Y.D. 117:1</ref> | # One can do business with non-Kosher fats (chelev) of kosher<Ref>Shach 117:4, Kaf Hachaim 117:13</ref> animals as the pasuk says "יעשה לכל מלאכה" (Vayikra 7:24) that it can be used for any purpose.<ref>Shulchan Aruch Y.D. 117:1</ref> | ||
# Many poskim permit anointing oneself with forbidden fats but since some rishonim forbid one shouldn't do it unless one is in pain.<ref>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.</ref> As a result some are strict not to use bar soap that was made from forbidden non-Kosher fats (such as lard).<ref>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.</ref> | # Many poskim permit anointing oneself with forbidden fats but since some rishonim forbid one shouldn't do it unless one is in pain.<ref>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.</ref> As a result some are strict not to use bar soap that was made from forbidden non-Kosher fats (such as lard).<ref>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.</ref> | ||
===Workers=== | |||
# Some poskim permit feeding one's non-Jewish workers non-Kosher food, while others forbid this.<ref>Rama 117:1 is strict but Shach 117:3 is lenient. Kaf Hachaim 117:12 cites those who are lenient and those who are strict. Pri Chadash 117:3 is also lenient and implies that as long as one doesn't buy non-kosher animals to raise them to feed to his workers it is permitted. Pri Toar 117:3 is strict on feeding one's workers with non-kosher food. However, he answers the Pri Chadash's proof by explaining that telling working that they can buy whatever non-kosher food they want and he'll pay the bill since he didn't buy it and then give it to them. Aruch Hashulchan 117:19 says the minhag is like the Shach.</ref> | |||
==Stores== | ==Stores== | ||
