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The Torah not only prohibits consuming and deriving benefit from chametzduring Pesach, it also prohibits its ownership. Once Pesach ends any chametzthat had been owned, even if the result of deliberate wrongdoing, becomes, according to Torah law, once again permitted. The rabbinic authorities of the Talmud, however, introduced a penalty: chametz that was owned by a Jew during Pesach remains prohibited even after Pesach. Chametz that was owned during Pesach is referred to as chametz she’avar alav haPesach. Article courtesy of The OU This prohibition applies whether or not ownership on Passover was intentional or unintentional. Although some poskim rule that the prohibition on the chametzapplies only to the person who actually owned it, it is generally accepted that the prohibition applies to everyone else as well, including those who purchase chametz from a (non-observant) store owner who violated the prohibition of ownership during Pesach. Several years ago, an Orthodox Jew who was fond of a particular brand of bourbon bought and stored many, many cases of it in his basement; the total worth approached $250,000. He later discovered that the owner and distributor of that brand is Jewish and had never engaged in a sale of his product during Pesach. Since deriving benefit from chametz she’avar alav haPesach is also prohibited, reselling his inventory did not appear to be an option (resolution of the problem came from a position that stated that bourbon, which is 51 percent corn, is not strictly speaking chametz; along with other technical considerations the man was permitted to resell the product). Most of us don’t face such high-scale problems. Nevertheless, it is worthwhile for all of us, when shopping after Pesach, to make well-informed decisions. Many va’adim, or local rabbinical councils, provide a list to their constituents of local establishments that are recommended and those that are best avoided. Here are some of the considerations they make: When a store is Jewish-owned, and the owner never engaged in a sale, at what point can we reasonably assume that the chametz now on the shelves appeared after Pesach and was never in the hands of the Jewish store-owner? The answer, in part, is that it depends on the product and its shelf-life. Bread has a shorter shelf-life than granola and will be restocked more frequently. By determining how often the fresh bread is restocked — simply speaking to a stock clerk may be a good start — we can determine whether the bread, or the granola for that matter, was restocked after Pesach. Making an item-per-item evaluation at a supermarket, however, is not particularly practical. At one point, then, can we assume that any chametz on a store’s shelves is from after Pesach? Rav Yaakov Luban, senior rabbinic coordinator at the OU and distinguished rav of Ohr Torah of Edison, NJ since 1983, discussed this question with Rav Belsky zt”l many times. Although the prohibition against chametz she’avar alav haPesach is rabbinic, and there is generally a principle that, in case of a doubt, we may be lenient, it is not simple to apply that principle in a case where we know for sure that at one time all of the chametz in a given establishment was prohibited. “We know with certainty,” Rabbi Luban once wrote (Jewish Action, Spring, 2009), “that at some point in time, most of the chametz in the store will be chametz she’avar alav haPesach. Because of our lack of information, we can’t establish precisely (until) when that is. It is unreasonable to allow the purchase of chametz at all times when we know that, at some instance, the chametz is prohibited.” In other words, until we are confident that the majority of the products in the store are not chametz she’avar alav haPesach, we must avoid purchasing chametz items from such a store. A further consideration: supermarkets do not always receive their products directly from manufacturers. For many items, supermarkets depend on food distributors. A grocery distributor plays the role of supply chain guarantor, providing stability and predictability in supply. A key factor in providing predictability involves short- to medium-term storage of those goods. According to the Food Marketing Institute (FMI), Making an item-per-item evaluation at a supermarket… is not particularly practical. At one point, then, can we assume that any chametz on a store’s shelves is from after Pesach? 34 www.oupassover.org the average amount of time that a grocery distributor holds product is 37.3 days. One of the major grocery distributors in the United States is a Jewish-owned company that continues buying and selling inventory during Pesach. Based on these considerations, many rabbanim therefore suggest waiting until after Lag B’Omer before purchasing chametz from supermarkets that are either Jewish-owned or rely on Jewish distributors. One of the responsibilities of a local va’ad is to supervise, as well as act as power-of-attorney, for the sale of chametz of local Jewish establishments before Pesach. Many rabbanim craft creative and reliable arrangements. What if a supermarket or distributor engaged in a sale, but nevertheless violated the terms of the sale by continuing to replace inventory and sell existing inventory during Pesach? One of the main controversies among 20th-century poskim relates to such cases. Many poskimfundamentally oppose the sale of Jewish-owned businesses that sell chametz on Pesach. The seller is clearly not sincere about the sale. For this reason, Rabbi Joseph B. Soloveitchik (1903–1993) and others considered sales involving supermarkets that sell chametz to customers on Pesach to have no validity and the chametz that had ostensibly been the basis of the original sale remains chametz she’avar alavhaPesach. Nonetheless, Rav Moshe Feinstein (Iggerot Moshe, OC 1:149, 2:91 and 4:95) defended this transaction. He justified it on various grounds, one of which is that halachah does not take into consideration private thoughts (“devarim shebelev”) that are not verifiable (in this case the “thought” that is not verifiable, and that would have otherwise undermined the authenticity of the sale, is that the Jewish owner never had intention to sell). Furthermore, it is conceivable that the store owner prefers to transfer ownership of his chametz to a non-Jew so his religious customers can shop freely in his establishment after Pesach, even though he intends to continue selling chametz merchandise during Pesach. The OU follows the more stringent position of Rav Soloveitchik. Publicly traded companies are generally considered permissible. Amazon is a publicly traded company. There are, however, three arrangements that Amazon provides: 1. Amazon owns and ships the product. “Sold by Amazon, Shipped from Amazon” indicates they provide both these services. 2. An independent supplier owns and ships the product. “Sold by Ploni, Shipped by Ploni” indicates that the owner only uses the Amazon as a platform for sale. 3. An independent supplier owns the product but Amazon is the shipper (“Sold by Ploni, Shipped by Amazon”). Finally, chametz she’avar alav haPesach refers to any chametz that contained at least a kezayit (0.91 ounces) of chametz in a container. This applies to obvious chametz, such as pretzels, cereal, and cookies as well as licorice, in which the flour represents a significant portion of the product. Corn Flakes and Rice Krispies contain malt. Although in a given package of cereal there is less than one kezayit of malt, since the malt is more than one-sixtieth of the volume of the product, some poskim suggest that the product is considered chametz and is a candidate for chametz she’avar alav haPesach (see Biur Halacha 447:end). Whiskeys based on chametz, as well as beer, are subject to the prohibition. Kitniyot is not subject to the prohibition. Vinegar, in the United States, is made from kitniyot. Many rabbanim therefore suggest waiting until after Lag B’Omer before purchasing chametz from supermarkets that are either Jewish-owned or rely on Jewish distributors.

Navigating the complexities of Chometz Shavar alav HaPesach https://www.star-k.org/articles/articles/seasonal/351/guide-to-purchasing-chometz-after-pesach/ If a Jewish-owned store did not sell its chometz for Pesach, may one buy chometz from that store a few weeks after Pesach? 1. A Jewish-Owned Store That Did Not Sell Its Chometz To A Non-Jew Before Pesach The Torah forbids a Jew to own chometz on Pesach. In order to dissuade people from owning chometz on Pesach, there is a rabbinic injunction not to eat or benefit from chometz which was owned by a Jew during Pesach. Such chometz is known as chometz she’avar olov haPesach, and it remains forbidden permanently.1 For this reason, one should not buy chometz from a Jewish-owned store immediately after Pesach, unless the owner sold all chometz that he owned before Pesach to a non-Jew for the duration of Pesach and did not acquire any further chometz during Pesach. The laws of mechiras chometz (selling chometz to a non-Jew for Pesach) are complex; therefore, the sale must be made by a competent rabbi or kashrus authority. If a Jewish-owned store did not sell its chometz for Pesach, may one buy chometz from that store a few weeks after Pesach? It is difficult for the consumer to ascertain whether the chometz was in the store during Pesach and is subsequently forbidden, or whether it came into the store after Pesach and is permitted. Since chometz she’avar olov haPesach is a rabbinic injunction, one can be lenient if there is a reasonable doubt as to whether or not the chometz was in the store during Pesach. (This is because we apply the principle that “safek d’rabanan lekula” – we are lenient when it is uncertain whether or not a rabbinic restriction applies).2 Supermarkets generally have a two week turnaround time. It should be assumed that all chometz sold during the two weeks after Pesach was already in the store on Pesach. Chometz may be bought from a supermarket after that time if it is known that the distributor was non-Jewish. Regarding a store which receives chometz from a Jewish distributor, see below. Other stores, especially smaller ones, may have a longer turnaround time. The turnaround time for alcoholic beverages is longer than that of products in supermarkets. Liquor stores generally maintain inventory for six or seven weeks. One should wait until after Shavuos before purchasing liquor from such a store. 2. A Jewish-Owned Store That Sold Its Chometz To A Non-Jew Before Pesach As mentioned above, a Jew who owns a store can sell his chometz to a non-Jew for the duration of Pesach. If the Jew is observant and does not sell chometz to customers during Pesach, there is no doubt that he really intended to sell his chometz to the non-Jew before Pesach. However, if the owner is not observant and does not close his store for Pesach, it can be argued that he considers the sale of chometz to be a legal fiction and does not have real intent to sell the chometz. Nevertheless, Rav Moshe Feinstein, zt”l, paskens that bedi’eved the sale is valid because legally the chometz no longer belongs to him.3 However, other poskim are stringent.4 Rav Moshe agrees that chometz that the Jewish owner purchased during Pesach is not included in the sale and cannot be eaten after Pesach. 3. A Store Owned By A Non-Jew Or By A Person That May Or May Not Be Jewish If a privately-held store is owned by a non-Jew, one may buy chometz from that store immediately after Pesach. However, a consumer may not know whether the owner is Jewish or non-Jewish. If the store is located in an area where the majority of people are non-Jews, he may assume that the owner is not Jewish. Unfortunately, even if the owner has a Jewish sounding name, the rate of intermarriage in America is such that the name may no longer provide an indication as to whether or not the person is Jewish. Some food stores are owned by a number of partners or shareholders who each have stock in the company. If non-Jewish partners or shareholders own a majority of the business, there is no concern of chometz she’avar olov haPesach.5 To the best of our knowledge, the following are currently some of the supermarkets which are majority owned by non-Jews, and chometz may be bought from them in Baltimore immediately after Pesach: BJs, Costco, CVS, Food Lion, Petco, Petsmart, Rite-Aid, Royal Farms, Sam’s Club, Save-A-Lot, Shoppers, Trader Joe’s, Walgreens, Walmart, Wegmans, and Whole Foods. To the best of our knowledge, in Baltimore these stores do not receive chometz from a Jewish distributor (as explained below). For locations outside of Baltimore, the local kashrus organizations should be contacted. 4. A Store Which Receives Chometz From A Jewish Distributor How does a supermarket get the food that it sells? A distributor brings the food from the manufacturer to a warehouse from where it is then sent to individual supermarkets. If the distributor is Jewish, and he owned the chometz during Pesach, that food would be forbidden after Pesach. Even if the supermarket is owned by non-Jews, the food would still be forbidden after Pesach as it was owned by a Jew during Pesach. C&S Wholesale Grocers is a wholesale distributor of food and grocery store items. It is a privately held company and is the largest wholesale grocery supply company in the United States. It currently serves about 5,000 stores in 15 states (including California, Connecticut, Florida, Indiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, and Pennsylvania). Its customers include Safeway, Target, A&P, Stop & Shop, Giant, Ralphs, Foodtown, and Winn-Dixie. However, STAR-K does not have information regarding specific products that are distributed by C&S or which specific stores are serviced by them. The company was founded in 1918 by Israel Cohen and Abraham Siegel. It is assumed that the current chairman and CFO is Jewish. In the past, a prominent rabbi arranged the mechiras chometz for C&S distributors. However, as mentioned above according to Rav Moshe Feinstein, zt”l, this sale would not include the chometz that C&S acquired during Pesach. Recently, another prominent posek has been selling the entire company to a non-Jew for the duration of Pesach so that any chometz bought during Pesach would also belong to that non-Jew. While this sale is to be welcomed, it is not without halachic difficulties. Stores which receive goods from C&S may also work with other non-Jewish distributors, and it is very difficult to determine whether any particular product was distributed by C&S or another company. As mentioned above, safek chometz she’avar olov haPesach is permitted and would include goods which may or may not have been owned by C&S during Pesach. However, if a person has the option of shopping at a store which does not receive goods from a Jewish distributor that may have owned chometz on Pesach, it is commendable to do so until four weeks after Pesach.6 There are more than 35,000 supermarkets in America, and it is not possible to know who owns them or distributes to every one of them. A local Orthodox rabbi should be consulted for guidance regarding local stores and supermarkets, as well as resolution of any halachic issues. A&L Foods is a Jewish-owned distributor of kosher food which distributes to Giant and Safeway in Baltimore, Maryland. A&L Foods sells their chometz to a non-Jew through the STAR-K. For this reason, various chometz products may be purchased immediately after Pesach in these stores in Baltimore. For a complete list of these items, see here. 5. Buying Bourbon The Sazerac Company is a privately held alcoholic beverage company. Sazerac is a large distiller distributor company in the United States. Although it produces a variety of alcoholic drinks, the primary focus of its business is bourbon. There is some discussion amongst the poskim, and the general consensus is that the prohibition of chometz she’avar olov haPesach applies to bourbon. The chairman of Sazerac is Jewish. Since the Sazerac company does not sell its distillery, products sold by the Sazerac company should be considered chometz she’avar olov haPesach.7 1. Mishnah Berurah 448:25 2. See Igros Moshe O.C. 4:96, which distinguishes between small and large Jewish-owned stores. 3. Igros Moshe O.C. 1:149, 2:91, 4:95 4. Maharam Shick O.C. 205, Sdei Chemed vol. 7 page 352. 5. Zeicher Yitzchok, siman 8 6. Heard from Rabbi Heinemann, shlit”a. 7. A list of their products can be found here

Hakashrus from the CRC - Hisachdus (For reference only. Not up-to-date)

R’ Sholem Fishbane, Director of Kashrus for the Chicago Rabbinical Council and Executive Director of AKO and R’ Yitzchok Hisiger discussing frequently asked questions. about Pesach

Let’s listen in to a round table discussion on the Do’s & Dont’s of Kashering with steam, between R’ Aaron Mendelson of Kosher Services, R’ Sholem Fishbane, Director of Kashrus for the Chicago Rabbinical Council and Executive Director of AKO, and R’ Yitzchok Hisiger.

Let’s listen in to a round table discussion on common misconceptions about Pesach Kashering between R’ Aaron Mendelson of Kosher Services, R’ Sholem Fishbane, Director of Kashrus for the Chicago Rabbinical Council , and Executive Director of AKO and R’ Yitzchok Hisiger.

Let’s listen in to Rabbi Pinchas Juravel of Kof-K Kosher, as he explains some of the key facts behind kasher l’pesach coffee and to tea to Rabbi Yitzchok Hisiger.

The need for supervision in school kitchens. Join us as we listen in to a conversation between R’ Nosson Dubin, Kashrus Administrator of HKA (Houston), and founder of the Kosher Institute of America, and R’ Yitzchok Hisiger.

What you need to know about hashgacha at shul. Join us as we listen in to a conversation between R’ Nosson Dubin, Kashrus Administrator of HKA (Houston), and founder of the Kosher Institute of America, and R’ Yitzchok Hisiger.

Have your cake and take challah, too. Join us as we listen in to a conversation between R’ Shmuel Fuerst, Dayan of Agudas Yisroel of Illinois and Rav of Agudas Yisroel of Peterson Park, and R’ Yitzchok Hisiger.

Tips for the informed kosher consumer. Join an insightful conversation between Rabbi Yitzchok Hisiger and Rabbi Sholem Fishbane, Director of Kashrus for the Chicago Rabbinical Council ,and the Executive Director of AKO.

How to Reheat Food on Shabbos. Join us as we listen in to a conversation between R’ Shmuel Fuerst, Dayan of Agudas Yisroel of Illinois and Rav of Agudas Yisroel of Peterson Park, and R’ Yitzchok Hisiger.