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

A conversation starter The Beis Yosef teaches the idea that if a maamid was already batul three times, one may go ahead and use it l’chatchila.1 The source for this is found in a Tosefta that permits purchasing sourdough bread from kutim three weeks after Pesach even though they didn’t sell their chometz before Pesach. Since the sourdough starter from the bread made on Pesach was already nullified three times due to their three weekly bakings, it is permitted to purchase their bread.2 So too, the Beis Yosef adduces that kosher milk that was fermented with non-kosher milk is permitted after the fact to use once the non-kosher milk was used to ferment in kosher milk three times. Some years ago COR was approached to certify an industrial bakery that made sourdough breads. Their family sourdough was always made using their previous breads as a starter. When asked about the source of the original sourdough, they responded with a story. When they came from USSR occupied Poland and started making bread in Canada, they weren’t satisfied with the taste and decided that they needed to get some sourdough from the family bakery back home. In order to get the sourdough, they had to wait until a family member emigrated and brought some live sourdough from which they used to make their breads. Even though the origins of the sourdough weren’t certain, we were able to certify their breads based on the concept that the sourdough had been used more than three times in a kosher recipe and was therefore permitted. There is much discussion in the poskim that limits the heter of a maamid that was batul three times.3 Mogen Avraham in hilchos Pesach states that if mead from honey was fermented using sediment from chometz beer, then all subsequent fermentation of mead using third and fourth generations of that sediment are forbidden on Pesach.4 Mekor Chaim asks how this conforms to the rule that zeh v’zeh gorem mutar?5 Orech HaShulchan explains that since this fermentation was from a totally chometz source, it remains forbidden forever.6 Only when the fermentation occurs as a dual effort of heter and issur can it be permitted after three times.7 1 עי’ יד יהודה סימן פ”ז בפה”א ס”ק כ”ו שביאר כן בכוונת הב”י וז”ל “אלא כל דבריו שם להוכיח דבפעם שלישי גם משהו אינו” 2 Beis Yosef (Y.D. 125) 3 עי’ דגול מרבבה יו”ד קט”ו על הט”ז ס”ק י”ד “עי’ מג”א מ”ש בשם הרמב”ן ואולי שאני חלב עכו”ם שאינו אסור רק מספק”. 4 Mogen Avraham Hilchos Pesach (O.C. 442) 5 Mekor Chaim (O.C.442:6) 6 Aruch HaShulchan (O.C. 442:23) 7 ונראה דבסימן קט”ו בשאור ובחלב חמוץ, ע”כ נחשב זה וזה גורם משום דפעולת החימוץ היה שייך אף בלי השאור וכן החלב היה יכול להחמיץ גם בלי הוספת החלב חמוץ של הגוים וכן איתא ביד יהודה סימן פ”ז ס”ק כ”ו בפירוש הארוך.

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Editorial & Guide Written by Rabbi Yona Reiss Rosh Yeshiva, RIETS Av Beth Din of the Chicago Rabbinical Council

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

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.

Rabbi Dovid Herber STAR-K Kashrus Administrator The following chart offers guidelines for products that are chometz she’avar olov haPesach. “Prohibited” next to a product indicates the product is subject to the halachos of chometz she’avar olov haPesach - the prohibition of consuming or deriving benefit from chometz that was owned by a Jew during Pesach. Therefore, after Pesach, one may not purchase such products from a Jewish owned store whose owner did not properly sell his chometz before Pesach. “Allowed” next to a product indicates the product is not subject to the halachos of chometz she’avar olov haPesach. These products may be purchased at any store after Pesach. Find the original chart at the STar-K's website here.

Is the Pesach Pizza worth its Weight? They took the leftover kosher l’Pesach pizza dough, which was gluten free, and no one knew the difference! It was so good! Rabbi Fishbane: We just discussed potential issues with supermarkets and shops, but then there are the shailos related to restaurants, local bagel stores and of course, the pizza shops. I just got an inquiry. Can we let our employees come in on Pesach to turn on the ovens, so that Motzei Pesach we can get that first pizza out? Yitzchok Hisiger: Yeah, churning out that pizza within an hour of the Zman? What’s the secret? What’s the real story there? Is the dough sold? Rabbi Fishbane: Yes, many times they’re selling dough, but if done halachically, people buy it. Yitzchok Hisiger: Does Rabbi Fishbane have pizza on Motzei Pesach? Rabbi Fishbane: I got to tell you, in my job as administrator, some years I go to Pesach hotels. Yitzchok Hisiger: Right. A topic for a different time. Rabbi Fishbane: Oh my! So, one year, and this was great, it happened by one of the Pesach hotels I was at. In general at many of such vacations, you almost wouldn’t know it’s Pesach. There’s nothing you can’t get! You’ll have buns at the Chol Ha’Moed barbecue made from tapioca or whatnot... So one of the things they do in Pesach hotels is a pizza shop, the whole Yom Tov you’re going to line up, you make your own pizza, delicious. So one year, so of course, they bring frozen pizza in the trucks, they sell it K’halacha and Motzei Yom Tov they start churning out the pizza. Everything’s great. Until they run out of dough. You’d think the oilem at the Pesach hotel hasn’t eaten in a week. Before Yom tov we give what is called a “sensitivity training”. In addition to halachic concerns we train them in, we’ll sometimes prepare them what they are about to experience. I like to call it three Thanksgiving meals a day. I often joke, that Pesach hotels should start charging by weight. They weigh you when you come in, and weigh you when you leave and charge you per pound. Jokes aside, that year, on Motzei pesach, they ran out of dough. So they took the leftover kosher l’Pesach pizza dough, which was gluten free, and no one knew the difference! It was so good! So here’s my dilemma as a Rav Ha’Machshir. Do I get up and announce “Rabbosai, stop washing netilas yadaim, It’s gluten free! Do I reveal the secret? Of course, we go with halacha, period. But I just remember that year because it was quite amusing. So, yes, it is difficult to churn out enough pizzas and you have to be innovative, alert, and knowledgable. For example, the pizza ovens, in order for them to be heated up and ready to churn out the goods, they keep them on low the second days of Yom tov. There are shailos you need to be prepared for. I’m not here to passken l’halacha, I’m not rauy for that, I’m just raising the questions that an educated consumer would wish to be informed about. Sh’alas chochom, chatzi teshuvah. Yitzchok Hisiger: Thank you Rabbi Fishbane.

Hakashrus from the CRC - Hisachdus

Buying Chametz from a Jewish Store Owner after Pesach One of the strict laws of Pesach is the halacha of chametz she’avar alav HaPesach. According to this halacha, it is forbidden to eat or derive any benefit whatsoever from chametz that was in the possession of a Jew during Pesach. Sometimes this can lead to tremendous loss, such as in the case where a Jew fails to sell a huge amount of chametz liquor during Pesach that is worth tens of thousands of dollars. Furthermore, this prohibition is not only applicable to products that are full-fledged chametz, such as breads, cookies, pastas, and liquor. Even products that contain admixtures of chametz are prohibited after Pesach unless the chametz ingredient was less than one-sixtieth of the entire mixture (Mishnah Berurah, 447:101) or it was sold. The halacha follows the opinion of Rabbi Shimon (Pesachim 29a) that this law is not a Torah prohibition but rather is a rabbinic penalty for the transgression of the violation of “bal yeraeh u’val yimatze” – for the possession of chametz during the Pesach holiday. Because of the severity of such transgression, this penalty was imposed even in cases where the ownership came about inadvertently, or by accident (Shulchan Aruch, Orach Chaim 448:3). Possible Cases of Leniency Are there any leniencies, especially given that the prohibition is rabbinic in nature? Some authorities are lenient in a situation of “ones gamur” (a complete accident) – when the transgression came about due to circumstances that were completely beyond the control of the owner of the chametz. The Mishnah Berurah (448:9) brings one such example: If a non-Jewish owner of a mill decided on his own to grind a Jew’s wheat kernels during Pesach and then turned the flour into bread, the Beis Meir ruled that the bread would not become prohibited to the Jewish owner after Pesach, since there was nothing that the Jew could have done to prevent this from happening. What about a case where someone nullified his chametz prior to Pesach, so that it no longer belongs to him according to Torah law? The halacha follows the opinion of Rabbi Yochanan in the Talmud Yerushalmi that a person who nullified his chametz but otherwise did not sell or remove the chametz from his possession may not derive benefit from the chametz after Pesach, since there is a concern that his nullification may have been insincere (see Rosh, Pesachim 2:4, Shulchan Aruch OC 448:5). However, in a case when a person nullified his chametz and performed a thorough bedikas chametz (searching for any chametz prior to Pesach), and then discovered a previously unknown stash of chametz on his premises after Pesach, the Mishnah Berurah (448:25) rules that in a case of great loss, such chametz would be permitted for benefit after Pesach, although not for consumption. The Aruch Hashulchan (OC 448:8) appears to be lenient, even with respect to consuming such chametz. Buying Chametz from a Jewish Store Owner after Pesach Absent any of these possible leniencies, chametz that was in the possession of a Jew over Pesach becomes forbidden not only for the Jewish owner but also for every other Jew in the entire world as well (see Shulchan Aruch, Orach Chaim 448:3). Furthermore, the chametz remains forbidden forever. This creates a difficult situation for individuals who wish to buy food after Pesach from a non-observant Jewish store and from Jewish supermarket owners who may have possessed chametz over Pesach. Indeed, in recent years it was discovered that one of the major suppliers of kosher liquor was owned by a Jew, thus prohibiting forever the chametz liquor that was in its possession during Pesach. One might argue that there is a special dispensation in the Gemara (Chulin 4a-4b) to purchase chametz after Pesach from a non-observant Jew who only sins based on temptation (mumar l’teavon) and not out of rebellion, based on the premise that such an individual will trade his prohibited chametz for a non-Jew’s permitted chametz after Pesach in order to mitigate his violation. However, most of the Jewish storeowners nowadays who possess chametz during Pesach are not individuals with either the knowledge or the inclination to take such measures to avoid benefiting directly from their chametz after Pesach, so this leniency is no longer applicable (see Be’er Hetev, 448:11, explaining that non-observant Jews today are considered to be in the more stringent category mumar l’hachis for purposes of this halacha; see also Igros Moshe 4:91). The Problem with Stores that sell Their Chametz but Remain in Operation on Pesach The most obvious solution would be to effectuate a sale of the storeowner’s chametz (“mechiras chametz”) before Pesach (see Shulchan Aruch, Orach Chaim 448:3). Even Rabbi Yochanan would agree that if an individual sold his chametz during Pesach to a non-Jew, that individual and others may partake of such chametz after Pesach once it is purchased back from the non-Jewish purchaser. Indeed, selling one’s chametz to a non-Jew has become the accepted practice of Jews all over the world (see Shevet HaLevi 4:49). However, the major problem with this option is that the sale may not ultimately be legitimate if the Jewish storeowner leaves his business open during Pesach, thus appearing to negate the fact that the chametz was sold to a non-Jew. Indeed, in many cases when Jewish owned supermarkets and liquor stores participate in a sale of chametz prior to Pesach, they continue to sell that very same chametz during Pesach itself. Some authorities indeed have written that any such continued business activity nullifies the sale of chametz, so that all the chametz of those enterprises is considered chametz she’avar alav HaPesach and remains forbidden forever (see, e.g., Maharam Shick, OC 205). Nonetheless, Rav Moshe Feinstein ruled (Igros Moshe, OC 1:149) that such a mechiras chametz remains valid because the storeowner who sold his chametz before Pesach intends to maintain the permissible status of any chametz that is not sold during Pesach. The chametz that is sold during Pesach constitutes an act of theft by the Jewish seller from the non-Jewish purchaser, but that is only an issue for the storeowner and not for the store’s customers. Similarly, Rav Shlomo Zalman Auerbach (see Halichos Shlomo, Pesach 6:9), upheld the validity of such a sale based on the ruling of the Noda B’Yehudah (OC 18) that so long as a mechiras chametz transaction was performed by the parties prior to Pesach and could be enforced by the non-Jewish purchaser, it is a valid sale. However, even Rav Feinstein conceded (Igros Moshe, OC 2:91) the mechiras chametz would not be valid with respect to any new chametz that is purchased by the storeowner during Pesach, which would indeed remain forbidden for customers to purchase following Pesach. Accordingly, he ruled that a kashrus agency could not ultimately recommend that customers purchase chametz from those stores after Pesach. Selling the Entire Business during Pesach Are there any other solutions? Some authorities suggest that maybe it is better to have the Jewish owner sell the entire business to a non-Jew for the duration of Pesach, in addition to selling the chametz to a non-Jew. This indeed would be a fine solution if the sale of the business would be genuine. However, the problem is that often the sale is obviously a sham. Accordingly, Rav Yisroel Belsky held that the sale of the business would be completely void, even according to the reasoning of Rav Moshe Feinstein, if the Jewish owner continued to run the business and derive profits from the business during Pesach, since it is clear in such a case that there was no interest in selling the business altogether (Shulchan Halevi 1:12[18]); see letter from Rabbi Eli Gerstein to Rabbi Zvi Ryzman in Ratz K’tzvi, Pesach, pages 331-332). However, if the sale of the business is genuine, some authorities allow such a sale in cases of great loss and dire need, as long as the sale complies with all necessary halachik specifications (see Aruch Hashulchan 448:20, Dovev Meisharim by the Chebiner Rav, 2:4). For example, at the Chicago Rabbinical Council, we recently facilitated such a sale of chametz from a major Jewish-owned liquor supplier to a non-Jew subject to the following stipulations: (a) the Jewish owner may not have any involvement in the business during Pesach; (b) the non-Jewish purchaser must be someone who is capable of running the business during Pesach (such as the manager of the store); (c) there must be an accounting made of all the profits generated during Pesach; and (d) the non-Jewish purchaser must receive payment of all of those profits. If such a sale is made properly under proper rabbinic auspices, it would be permissible to purchase chametz from such businesses and stores immediately after Pesach, because none of the chametz would have been owned by a Jew during Pesach. Partial Jewish Ownership What if the Jewish owner is only a partial owner of the establishment? If the Jewish owner is only a minority owner of the establishment, some authorities (see Zecher Yitzchok by the Ponevezher Rav, #8), allow the purchase of chametz after Pesach from such an establishment even if there was no valid sale of a store’s chametz. However, other authorities are stringent in a case where a Jew owns a substantial minority interest in a corporation that enables him to have a substantial voice in the management of the enterprise (see Igros Moshe EH 1:7). Nonetheless, there is greater room for leniency when the store is owned by a publicly held corporation in which Jews only have a minority stockholder interest, since according to a number of rabbinic authorities the Jewish stockholders would not be considered owners of the assets of the business but rather only stakeholders in the revenue stream of the non-Jewish owners (see Minchas Yitzchok 3:1, Igros Moshe, id). Moreover, Rav Asher Weiss (Minchas Asher, volume 1, simanim 105-106) suggests that there is never any halakhic ownership by a Jew in any corporation that possesses chametz, regardless of the degree of Jewish ownership or involvement, since the respective roles of equity holders, administrators, and major decision makers reside in three different bodies (shareholders, CEO, and board of directors). However, his position does not appear to represent the predominant view among most rabbinic authorities. How Long to Wait before Buying Chametz after Pesach If a Jewish-owned store did not sell its chametz in a valid fashion, one may not buy chametz products from the store until it can be safely assumed that the products most likely came into the store’s possession after Pesach (see Mishnah Berurah 449:5). In terms of how long one should wait, the amount of time may vary based on the shelf life of the product in question. The usual amount of time that is recommended by the rabbinic authorities with respect to most store items is until either Lag B’Omer or Shavuos. The notable exceptions are whisky and similar liquor products from a Jewish company that did not sell its chametz (and likely held it in its possession for several years before selling it to the public), which remain permanently forbidden. As a general rule, rabbinic authorities are more likely to rely upon a shorter time span when there are other mitigating considerations, such as a case when the Jew is only a minority owner in a corporate entity, or if there was at least a questionable sale, or when the turnover rate for the chametz product in question is relatively short. Other Considerations It is important to note that in addition to Jewish shop owners, there are also Jewish distributors of food, and sometimes a store owned by a non-Jew may still have many products that could be prohibited for consumption if the products came from a Jewish distributor who owned or purchased the chametz during Pesach. The kashrus agencies do their best to research these types of issues, but there is sometimes room for leniency when one is not able to ascertain the original source, particularly when there is no compelling reason to presume that the chametz in the supermarket came from a prohibited source (see generally, Igros Moshe, Orach Chaim 4:96, who is lenient in certain doubtful situations regarding supermarkets). Concluding Thoughts The Gemara relates (Berachos 17a) that Rabbi Alexandri would append a prayer to his Shemoneh Esreh in which he would cry out to Hashem that we all want to do the will of the Almighty but the “yeast in the dough” (a term for chametz) and the oppression of the hostile kingdoms get in the way. Rashi comments that the “yeast in the dough” refers to the evil inclination within each of us. Our punctilious observance of the laws of abstaining from chametz she’avar alav HaPesach enables us to come closer to performing the will of Hashem during the entire year. It is therefore appropriate to conclude this article with the final words of Rabbi Alexandri’s prayer: “May it be Your will that we be rescued from these negative forces and that we return to You to fulfill the precepts of Your will with a full heart.” Chag Kasher v’Sameach.