Page 101 - cRc Pesach Guide 2021

Rabbi Yona Reiss
Av Beth Din

WHERE AND

WHEN CAN I

SHOP AFTER

PESACH?

One of the strict laws of Pesach is the halacha of chametz POSSIBLE CASES OF LENIENCY
she’avar alav HaPesach. According to this halacha, it is Are there any leniencies, especially given that the prohibition
forbidden to eat or derive any benefit whatsoever from is rabbinic in nature? Some authorities are lenient in a
chametz that was in the possession of a Jew during Pesach. situation of “ones gamur” (a complete accident) – when the
Sometimes this can lead to tremendous loss, such as in the transgression came about due to circumstances that were
case where a Jew fails to sell a huge amount of chametz liquor completely beyond the control of the owner of the chametz.
during Pesach that is worth tens of thousands of dollars.
The Mishna Berurah (448:9) brings one such example: If a non-
Furthermore, this Jewish owner of a mill decided on his own to grind a Jew’s
prohibition is not only EXAMPLES wheat kernels during Pesach and then turned the flour into
applicable to products that INCLUDED IN bread, the Beis Meir ruled that the bread would not become
are full-fledged chametz, PROHIBITION prohibited to the Jewish owner after Pesach, since there was
such as breads, cookies, Beer, bread, breakfast nothing that the Jew could have done to prevent this from
pastas, and liquor. Even cereal, cookies, crackers, happening.
products that contain flour, licorice, malt What about a case where someone nullified his chametz prior
admixtures of chametz vinegar, pretzels, to Pesach, so that it no longer belongs to him according to
are prohibited after oatmeal, pasta, soy Torah law? The halacha follows the opinion of R’ Yochanan
Pesach unless the chametz sauce, whisky in the Talmud Yerushalmi that a person who nullified his
ingredient was less than NOT INCLUDED chametz but otherwise did not sell or remove the chametz
one-sixtieth of the entire IN PROHIBITION from his possession may not derive benefit from the chametz
mixture (Mishna Berurah, after Pesach, since there is a concern that his nullification
447:101) or it was sold. Barley kernels, beans,
corn, mustard, pickles, may have been insincere (see Rosh, Pesachim 2:4, Shulchan
The halacha follows the rice, vinegar (apple cider, Aruch OC 448:5).
opinion of Rabbi Shimon white distilled, wine), However, in a case when a person nullified his chametz and
(Pesachim 29a) that this law yeast (instant) performed a thorough bedikas chametz (searching for any
is not a Torah prohibition chametz prior to Pesach), and then discovered a previously
but rather is a rabbinic penalty for the transgression of the unknown stash of chametz on his premises after Pesach, the
violation of “bal yeraeh u’val yimatze” – for the possession of Mishna Berurah (448:25) rules that in a case of great loss,
chametz during the Pesach holiday. Because of the severity such chametz would be permitted for benefit after Pesach,
of such transgression, this penalty was imposed even in although not for consumption. The Aruch Hashulchan (OC
cases where the ownership came about inadvertently, or by 448:8) appears to be lenient, even with respect to consuming
accident (Shulchan Aruch, Orach Chaim 448:3).
such chametz.

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