web analytics
August 2, 2014 / 6 Av, 5774
Israel at War: Operation Protective Edge
 
 
Judaism
Sponsored Post
Ultimate Mission – November 2014

Don’t miss this opportunity to explore Israel off the beaten track, feel the conflict first hand, understand the security issues and politic realities, and have an unforgettable trip!



Chametz Cookies


“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise birthday party for him. Would you like to join?”

“Of course; what’s the question?” said Adam. “Where will it be?”

“It’s going to be at my house,” said Jeremy. “Bernie’s supposed to come at 8:30 PM, so be here no later than 8:15.”

“I’m really looking forward,” said Adam. “Bernie’s a great guy. What can I bring?”

“A pack of chocolate-chip cookies would be great,” said Jeremy. “You can never go wrong with mouthwatering chocolate-chip cookies!”

Since it was shortly after Pesach, Adam was concerned about chametz she’avar alav ha’Pesach. If a Jew owned chametz on Pesach and did not sell it to a non-Jew, the chametz remains prohibited to eat – and one is even prohibited from deriving any benefit from (O.C. 448:3). He bought the cookies at a corner grocery whose owner did not seem to be Jewish and brought the cookies with him to the party.

“Where did you buy the cookies?” asked Jeremy.

“I bought it at the grocery on the corner,” said Adam. “I’m almost positive the owner is not Jewish.”

“Sorry, but I was told by a reliable kashrus authority that the store is owned by a Jew,” said Jeremy. “He did not sell his chametz, so the cookies are prohibited.”

Jeremy took the pack of cookies, tore it open and dumped the contents into the garbage. Adam looked at him agape. “Why did you do that?” he asked angrily.

“What do you mean?” said Jeremy. “The cookies are chametz she’avar alav haPesach and completely prohibited. What is there to do with them?”

“I could have returned them to the store and gotten my money back,” said Adam.

“The cookies have no monetary value,” replied Jeremy. “The sale was a non-sale, and he owes you the money, anyway.”

“But he won’t refund the money if I don’t return the cookies,” argued Adam. “You’ve made me lose the money, and owe me what I paid for them.”

“How could I have to pay for something that has no monetary value?” asked Jeremy. “It doesn’t make any sense!”

“Whether it has value or not, I need the package of cookies to get my money refunded,” replied Adam. “Bottom line, you’ve caused me a loss!”

“Let’s not argue now,” said Jeremy. “The party’s about to begin. We’ll ask Rabbi Dayan afterward.”

After the party, the Adam and Jeremy went to Rabbi Dayan and asked: “Is Jeremy liable for the cookies?”

“This case is known in halacha as davar hagorem l’mamon, something that has monetary ramifications but no inherent monetary value,” replied Rabbi Dayan. “Jeremy is not liable for the cookies according to most authorities.”

“I don’t think I’ve ever heard of that term,” said Adam. “Can you elaborate?”

“The Gemara [B.K. 98b] discusses the case of a person who stole chametz before Pesach and held it for the duration of Pesach,” replied Rabbi Dayan. “The chametz is now prohibited as chametz she’avar alav haPesach and monetarily worthless. Nonetheless, if the thief returns the stolen chametz intact, he is exempt from additional payment.” (C.M. 363:1)

“Wow, that’s surprising!” said Adam.

“Now, suppose that you destroyed the chametz after Pesach before the thief had a chance to return it,” continued Rabbi Dayan. “The chametz has no intrinsic monetary value, but has ramifications for the thief. If he returns the chametz, he is exempt; if not, he will have to pay what the chametz was worth when he stole it. Do you have to pay the thief for the damage that you caused him?”

“Good question,” said Jeremy. “I don’t know.”

This is a dispute between R. Shimon and the other sages,” explained Rabbi Dayan. “R. Shimon maintains that since the chametz has monetary ramifications for the thief, it is considered something of value to him, so that you have to pay. The sages maintain, however, that since the chametz you destroyed has no inherent monetary value, you are not liable.”

“This seems parallel to our case,” noted Adam.

“Correct, the package of cookies has no intrinsic value, but has ramifications for Adam to get a refund,” said Rabbi Dayan. “We rule like the sages, so that Jeremy is not liable. The Shach [C.M. 386:1,11] cites the opinion of the Ramban that even according to the sages there is an obligation of garmi, but sides against this. Furthermore, in truth, the store owner owes you the refund even if you don’t return the cookies, since he sold you a worthless item. Thus, Jeremy does not have to pay for the cookies, even if the store owner refuses to give a refund without returning the cookies.” (See Pischei Choshen, Nezikin, 3:57; 10:20 regarding grama.)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Chametz Cookies”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Cleared for Release: 2nd Lt. Hadar Goldin Abducted by Hamas, 2 IDF Soldiers Killed
Latest Judaism Stories

When a child needs encouragement whom can he turn to?

Moshe Rabbeinu’s orations to Am Yisrael offer us the opportunity to be elevated and inspired in the weeks ahead.

Since the Children of Israel knew firsthand all the miracles God had done for them, how could lack faith?

Edward was completely mystified, yet had no choice but to obey his captain’s orders.

The Gender Factor
‘Where There Is Loss Of Work…
Three Are Called To The Torah’
(Megillah 22b)

Question: Is there a special prayer or specific role for prayer when the totality of the Jewish people is in danger?

To properly fulfill the mitzvah of listening to the megillah, each word must be heard.

Criticism is but one step below a verbal attack. It isn’t quite as pointed, not quite as aggressive – but not that far off.

The talmid is not allowed to speak up due to any fear. If he remains silent, he is in violation of this prohibition.

One must act as if everything depends on us and pray as if everything depends on God.

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

Unlike the two and a half tribes, when we walk in front of G-d, we must be perfect in our motivation

When someone exercises power over us, they diminish us; when someone teaches us, they help us grow.

Just as the moon waxes, wanes and renews itself, so has the nation of Israel renewed itself through the millennia.

Parshat Masei: Rabbi Fohrman addresses the age-old question, are we our brother’s keeper?

More Articles from Rabbi Meir Orlian

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

“I’ll make you a deal,” he said. “If you pay monthly – it’s $4,500; if you pay six months up front – I’ll give it to you for $4,200.”

“Sound fine,” said Mrs. Schwartz. “In the middle, paint their names, Shoshana and Yehonasan. He spells his name Yehonasan with a hei and is very particular about it!”

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/chametz-cookies/2013/04/11/

Scan this QR code to visit this page online: