web analytics
May 24, 2013 /15 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
The Tosfos Yomtov was convinced that the death of 300,000 –600,000 Jews during the Chmielnicki massacres of 1648-49 were because of improper Tefila. Communicated: Tefilla

Chillul Tefila Bifarhesia, as well as halachicly challenged verbiage and dress, are external manifestations of a critical lack of personal yiras shomayim which has lethal consequences.



Chametz Credit Card

Published: April 5th, 2012
tell a friend

It’s 1 p.m. on Friday, Erev Pesach. The rabbi had already sold the chametz at 10 a.m. But I forgot to sell mine. Now the synagogue office is closed and I can’t get hold of the form the rabbi uses to sell the chametz. The Torah requires me to remove all chametz from my house on Pesach. But I just cannot bring myself to throw out that Glenfiddich. Is there a way the whisky can remain in my house during Pesach, and would I be able to drink it after Pesach?

The Torah prohibits the consumption and possession of chametz by a Jew after the seventh hour on Erev Pesach and the rabbis prohibit the consumption after Pesach of chametz possessed by a Jew during Pesach – chametz she’avar alav haPesach. In order to create a safety zone and avoid the inadvertent consumption of chametz on Erev Pesach after noon, the rabbis prohibit the eating of chametz after the fourth halachic hour of the day. A halachic hour is the unit of time derived by dividing the period of time between sunrise and sunset by 12, and it can be more or less than 60 minutes depending on the time of the year. Between the fourth and the fifth halachic hour of the day one may not eat chametz, but one may still derive benefit from it or sell it to a non-Jew. By the end of the fifth halachic hour of the day, the chametz must be burned – biyur chametz – and legally nullified – bitul chametz – by reciting the nullifying declaration known as kol chamirah. At the same time, the sale of chametz to a non-Jew takes effect.

If the chametz has already been legally nullified and physically burned, so that it is neither owned nor possessed by a Jew, why is it necessary to sell it to a non-Jew? The answer is that the intent to nullify one’s ownership may not have been sincere (that bottle of Glenfiddich) or one may have entertained the thought during the bitul declaration to sell certain chametz rather than nullify it. Furthermore, one may have neglected to destroy all one’s chametz, such as certain brands of deodorants and colognes etc. So, if the chametz is sold, why is it necessary to burn it? The answer is that there is a positive commandment to destroy chametz called hashbata. While it is unnecessary to incur severe financial loss by destroying all chametz, a token amount of chametz should be burned to fulfill the mitzvah of hashbata.

Are you kidding? You know the non-Jew is not going to consume your chametz. He is not really paying you for it; neither is he taking possession of it. He does not even know where it is. Even if he did, how is he going to gain access to your house on Pesach? And what happens if, after Pesach, he refuses to sell it back to you?

If properly done, the sale of chametz is indeed an effective sale. Such a sale should cause as little skepticism on our part as other everyday legal structures such as the sale and lease back of machinery where the equipment never leaves the premises of the purchaser and little money initially changes hands. The fact that the non-Jew chooses not to exercise his right of ownership does not mean he does not have this right. Neither does it render the sale fictitious. In fact, if the non-Jew paid the full value of the chametz and refuses to transfer ownership of the chametz back to the Jew after Pesach, there is no way, under Jewish law, that one can compel him to do so. The sale is irrevocable, unless the non-Jew chooses to rescind it after Pesach.

The origins of this sale can be found in the Tosefta. A Jew and a non-Jew were traveling together on a ship on a business trip. It was Erev Pesach and the Jew had chametz in his possession. He did not want to throw it overboard nor did he want to give it away. The Tosefta permits the Jew to sell it to the non-Jew with the intention in mind of buying it back after Pesach. As long as the transaction is not structured as a conditional sale, it works. Later, the rabbis of the Jewish whisky merchants of medieval Europe further refined the legal structure. Because taking possession of the whisky by the non-Jew often resulted in damage and because few non-Jews were able to afford the full purchase price, the rabbis devised halachic ways to leave the chametz in the possession of the Jew during Pesach even after the sale and to effect the sale for a token up front payment.

“If you cannot remove the chametz,” said the rabbis, “sell or rent the room or space in which the chametz resides.” And based on the concept of a credit sale, already known to the Talmud sages (Bava Metzia 77b), they permitted a token payment to be made up front and the rest to be deferred as an IOU, to be repaid by the non-Jew after Pesach.

tell a friend

About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Rep. John Conyers, D-Mich
Rep. John Conyers Apologizes for Louis Farrakhan’s Antisemitic Remarks
Latest Judaism Stories
Leff-052413
Judaism → Parsha

Do you say Shema before you go to sleep? I’m sure you do.

But perhaps you, like many, feel too tired at night to say the entire tefillah of Kri’as Shema as it appears in the siddur. If you do say the entire tefillah, you will recognize a pasuk in this week’s Haftorah. And if you don’t say the whole Kri’as Shema al Hamitah, perhaps after this column, you’ll re-consider and find yourself connecting with the following very comforting pasuk.

Niehaus-052413
Judaism → Parsha

The sand is rapidly running through the hourglass, as the centrifuges in the secret Iranian nuclear plants spin furiously. It is quite clear that the Iranians are on the brink of attaining nuclear capability, and we are well aware of the danger that would face Klal Yisroel in that event, chas v’sholom. All the sanctions, threats, and computer worm attacks do not seem to be stopping them, and it is terrifying. And when we see how vulnerable we are to terrorist attacks anywhere in the world, we become even more terrified.

The-Shmuz
Judaism → Parsha

Miriam spoke disparagingly about Moshe Rabbeinu. Because of this, she contracted tzaras, and for seven days she was sent outside the camp of Israel.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Samuel Scherr was a very successful businessman. He also was generous and would share of his wealth with others. In this way, he became the uncle of favor to his nieces and nephews, whom he would frequently shower with gifts.

Judaism → Halacha & Hashkafa

Detached Or Unrelated
‘He Made An Asheirah Tree Into a Ladder…’
(Eruvin 78b)

Judaism → Parsha

In this week’s parshah we read about the individuals who were tamei and thus could not bring the korban Pesach. They approached Moshe Rabbeinu and asked him whether there was anything they could do to bring the korban. Ultimately, Hashem told Moshe that they should bring a korban a month after Pesach, on the 14th of Iyar.

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

Question: The Midrash notes that the song the Jews sang after they crossed the Red Sea (“Az Yashir”) was unique; its likes had never been heard before in the world. Our Sages even refer to it as a shirah chadashah, a “new song.” What made “Az Yashir” so unique and in what sense was it a “new song”?

Judaism → Columns → Lessons In Emunah

The rav was not a wealthy man, but earned enough to live comfortably. He earned his money by serving as the rav of a religious community in Yerushalayim. He also received some royalties from sefarim he had written over the years. He was well known, and many people approached him for a berachah, advice and help. They were not turned away.

Judaism → Columns → Rabbi Lord Jonathan Sacks

Tanach, the Hebrew Bible, is remarkable for the extreme realism with which it portrays human character. Its heroes are not superhuman. Its non-heroes are not archetypal villains. The best have failings; the worst often have saving virtues. I know of no other religious literature quite like it.

Judaism → Rebbetzin's Viewpoint

Last week I shared a letter from a newly observant Jewish woman. She and her husband reside in a small suburban community outside of Los Angeles. Last year they came to consult with me on a personal religious issue. While they were both ba’alei teshuvah, there was one fine difference between them. He had become a ba’al teshuvah earlier than she and was therefore somewhat more settled in an observant lifestyle.

Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

More Articles from Raphael Grunfeld
Judaism → Halacha & Hashkafa

One of the thirty-nine prohibited melachot on Shabbat is carrying an object from a private domain, reshut hayachid, to a public domain, reshut harabim, or carrying an object a distance of four amot, six to eight feet, in a reshut harabim. The Torah does permit, however, carrying within the reshut hayachid itself. The definition of a reshut hayachid and a reshut harabim is crucial, therefore, to the laws of carrying on Shabbat.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Judaism → Halacha & Hashkafa

The purpose of the eruv is to enclose on all sides the area in which one wants to carry, so that it becomes a private domain, a reshut hayachid. If the area in question is a karmelit, a space that qualifies neither as a public domain nor as a private domain, gaps in the eruv structure may be bridged by means of a constructive or symbolic doorway called tzurat hapetach. A tzurat hapetach is made up of two posts, each called a lechi, and a crossbeam or overhead wire called a korah.

Judaism → Halacha & Hashkafa

“On Shabbat, every person must remain in his residence,” said Moshe to the people, forbidding them to walk more than a certain distance beyond their desert encampment. This distance, which measures two thousand amot – about two thirds of a mile – is known as techum Shabbat. It is the same distance that stretched from the perimeters of the Levite cities to their outlying suburbs.

Judaism → Halacha & Hashkafa

In the movie “The Paper Chase,” a Harvard student rips out a page of the law report so that his fellow student will be unable to read it and will come to the lecture unprepared. About 2,000 years earlier a student lay feverishly ill in the academy of Rabbi Akiva in Bnei Brak. So caught up were the other students in the competitiveness of their learning that they found no time to visit him or take care of him. As the student lay dying, Rabbi Akiva himself entered the sick room, fed him, made him comfortable and swept the dust from the floor. The sick student survived. His peers did not.

Judaism → Halacha & Hashkafa

Football’s 49ers rarely drop the ball. But how many of us make it through 49 nights from the second night of Pesach all the way to Shavuot without losing count? Sometimes we never even make it to the first yard line. We are so busy preparing for second night Seder that we miss evening prayers in shul and forget to count Day One.

Judaism → Halacha & Hashkafa

What is chametz? What are the various categories of chametz? Does the prohibition of chametz on Pesach apply also to non‑food products? Can medication containing chametz be taken on Pesach? Can vitamins produced with no Pesach supervision be used? What about liquid medicine such as cough mixture? Can non- supervised body soap or liquid detergent be used? What about toothpaste? May one use rubbing alcohol? May one eat egg matzah?

Judaism → Halacha & Hashkafa

Taste is everything – ta’am ke’ikar. The taste of forbidden food is treated in halacha as the forbidden food itself and is equally forbidden. If the taste of forbidden food has been absorbed into a cooking vessel, such a vessel may not be used on Pesach unless it undergoes a process known as hechsher or hagalat keilim – popularly referred to as kashering.

    Latest Poll

    If you could only choose one of the following scenarios regarding Chareidi IDF service, which would you choose?





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/chametz-credit-card/2012/04/05/

Scan this QR code to visit this page online:

Related posts:

  1. Muktzah On Yom Tov
  2. Minor Seller
Close