Chametz after Pesach

Rabbi Dovid Cohen Administrative Rabbinic Coordinator

fter all of the Pesach dishes have whose only chametz is two As noted, the prohibition of been put away, we still have teaspoons of flour. [For purposes of chametz she’avar alav haPesach is Aone halacha relating to Pesach this discussion, a kezayis is approxi- Rabbinic in nature, and therefore which helps us hold on to the Yom mately the size of half a “large” egg.] some are of the opinion Tov’s inspiration for just a bit longer; There is considerable discussion in that if one is unsure as to whether a it is known as chametz she’avar alav the Poskim as to whether the pro- specific item is or is not forbidden, haPesach (literally: chametz which hibition to own such a kugel on one may be lenient. Others argue passed through Pesach). Pesach is d’oraisah or d’rabannan, that in cases of doubt one may not and one ramification of that dis- eat the food but may have benefit/ cussion relates to chametz she’avar pleasure from it. Berurah I. General rules alav haPesach. Although some favor 449:5 cites both opinions without The forbids from the stricter approach , Mishnah offering a definitive ruling, but it owning chametz on Pesach, and in Berurah is lenient. According to is noteworthy that Iggeros Moshe order to discourage people from , if a Jew owned is lenient. Mishnah Berurah does, violating that prohibition, the kugel over Pesach it would not however, note that all agree that the legislated that any chametz owned by be forbidden as chametz she’avar food is permitted if the majority of a Jew on Pesach is forbidden forever alav haPesach. that type of food in the market is to all Jews. Not only may one not A second example is where the permitted (i.e. produced after Pesach eat such chametz, known as chametz chametz is a tiny portion of the or owned by a non-Jew over Pesach) she’avar alav haPesach, but one may food (less than 1/60) but serves a or if there is any reason to believe not even derive any pleasure/ben- crucial role in creating the food’s this specific food was produced after efit from the chametz. Therefore, if structure or texture. Mid’oraisah Pesach. Later in the article we will one accidentally purchased chametz such an ingredient, known as a davar see that this issue is quite relevant she’avar alav haPesach, not only is hama’amid, can be batel b’shishim, to many kosher consumers. he forbidden to eat the food, but but mid’rabannan it cannot be. As As with most prohibitions, it he may not give it to a non-Jewish such, one would imagine that if a Jew is generally accepted that if some acquaintance, as that person will feel owned food that contained a cha- chametz she’avar alav haPesach was appreciative for the present. metz davar hama’amid it would be mixed into other food, the entire That said, the only chametz permitted after Pesach. Yet Mishnah mixture is forbidden unless the cha- which is forbidden after Pesach is Berurah is machmir that foods that metz comprises less than 1/60 of the chametz which is forbidden accord- contain a chametz davar hama’amid mixture (i.e. batel b’shishim) . For ing to Torah law, but Chazal never are forbidden after Pesach. However, this reason, if a Jew owned chametz imposed this penalty on chametz or as a rule, a retail-sized container flour over Pesach and used that flour mixtures of chametz whose owner- of food contains much less than a in a soup, the entire soup would be ship on Pesach is only forbidden kezayis of davar hama’amid or avi- forbidden. One notable exception mid’rabannan. We will discuss two dah lit’amah; therefore according to to this rule is in cases where chametz examples of this halacha. Mishnah Berurah mentioned in the she’avar alav haPesach was mixed One case pertains to a container previous paragraph, the prohibition “yavesh b’yavesh” into permitted of food which contains less than a of chametz she’avar alav haPesach foods, where the rule is that the kezayis of chametz, such as a potato does not apply. mixture is permitted as long as there

66 www.crcweb.org is less chametz than other foods (i.e. flour. ThereforeMishnah Berurah all of these products are forbidden batel b’rov) . Yavesh b’yavesh refers to 453:24 rules that “standard” flour if they were owned by a Jew over “mixtures” where no one can tell the should be considered chametz, and Pesach? Surprisingly, the answer to difference between the issur/chametz he strongly implies that the same that question depends on where one and permitted food, but each retains applies to chametz she’avar alav lives, or more specifically, where the its distinctiveness. An example of haPesach as well. Similarly, water food was manufactured, as explained this would be a supermarket that is potentially used in two different below. has five bottles of ketchup on the stages of the processing of /- As noted, white distilled vinegar shelf that contain chametz she’avar meal, and oatmeal should therefore can be made from just about any alav haPesach and eight bottles that be assumed to be chametz.1 grain, and the finished product tastes do not, and no one can figure out On the other hand, plain exactly the same regardless of which which bottles are the ones that are kernels (i.e. pearled barley) gener- grain was used. Therefore, vinegar permitted. The different bottles of ally do not have any contact with is generally made from whichever ketchup are “mixed together”, but water during processing; therefore grain alcohol is cheapest in that each individual bottle retains its one may purchase them from a country. Thus, for example, in the distinctiveness. In that case all 13 Jew after Pesach. If barley is soaked United States, white vinegar is by bottles would be permitted because in water under proper conditions, and large made from corn alcohol the five forbidden bottles are batel it ferments into , and since (i.e. non-chametz), while in Europe b’rov in the eight permitted ones. the barley was in water for more it is often made from alcohol than 18 minutes, beer is chametz.2 (i.e. chametz). Of course there are The consensus of the Poskim is that exceptions to this rule due to market II. Which foods are included whisky produced from one of the fluctuations,4 but we have seen that Chametz is defined as what is is considered chametz as as relates to chametz she’avar alav created when one of the five grains well.3 It is noteworthy that although haPesach one may surely rely on – wheat, barley, , oats, or certain whiskies are assumed to be the rov/majority. Therefore, white – soaks in water for more than 18 made of kitnios (e.g. bourbon is vinegar (and vinegar-containing minutes, and only chametz foods are made from corn), a careful reading products) made in the United States forbidden after Pesach as chametz of the regulations often shows that may be assumed not to be in the for- she’avar alav haPesach. Kitnios (e.g. the product must only contain 51% bidden category of chametz she’avar , beans, corn) and other foods of that grain, and the rest typically alav haPesach, even if owned by a forbidden based on minhag are not is chametz. Jew over Pesach. chametz. Therefore, a Jew may own Vinegar is created when alcohol Certain enzymes, vitamins, fla- them on Pesach, and they remain is fermented, and the primary con- vors, and other items (e.g. xanthan permitted after Pesach regardless of cern as relates to it regarding chametz gum, citric acid) are created through who owned them. she’avar alav haPesach is the source and are found in many Some foods are obviously cha- of the alcohol. In some vinegars, the products (including vinegar, noted metz, e.g. , pasta, cookies, source is apparent – malt vinegar is above). One of the prime ingredi- crackers, and pretzels, and are clearly made from malt beer and is chametz, ents in fermentation is “glucose” included in the halacha of chametz while or apple cider vinegar (a.k.a. sugar), and, just like white she’avar alav haPesach. Other cha- are made from fruits that obviously vinegar, glucose can be created metz-containing foods can easily be are not chametz. However, most from any starch. As noted above, identified by reading the ingredient vinegar is labeled “white distilled”, in many countries this means that panel. Breakfast cereals, soy sauce, and the alcohol used to produce it the fermentation products can be fish sticks, and other foods gener- can come from just about any grain. assumed to be non-chametz. Even ally have one of the five grains listed This vinegar is bottled and sold in countries where the glucose is prominently. Additionally, nowa- and is also a primary ingredient in generally chametz, these items do days, wheat kernels are generally pickles, olives, salad dressing, and not pose much of a concern regard- tempered/soaked in water for many condiments (e.g. ketchup, , ing chametz she’avar alav haPesach hours before they are ground into mayonnaise). Does that mean that because (a) the items are gener-

www.crcweb.org 67 ally batel b’shishim in the finished well-known set of teshuvos, Iggeros forbidden as chametz she’avar alav product, and (b) even in the cases Moshe1 discusses the case of a store- haPesach. where they are considered a davar keeper who asks his to sell his The second caveat is quite rel- hama’amid, there will always be less chametz to a non-Jew (i.e. mechiras evant to the observant Jew buying than a kezayis of the fermentation chametz) but then continues to do from the store after Pesach. There product in any retail-sized container. business with chametz on Pesach. is a safek (doubt) on every piece It is also worth noting that Does the fact that he continues to of chametz in the store – did the Mishnah Berurah5 rules that non- do business with the chametz show storekeeper purchase it before Pesach chametz food that was cooked in that the sale was just a sham, which so that it is covered by the mechiras a chametz pot before Pesach may is invalid and renders the chametz chametz, did he purchase it on Pesach be kept (i.e. owned) by a Jew over in the store chametz she’avar alav so that it is forbidden, or did he Pesach.6 Clearly, if the Jew is permit- haPesach? While there were those purchase it after Pesach in which ted to keep it over Pesach, there is who took a strict position on this case it is surely permitted? In some no prohibition of cases, one can deter- chametz she’avar mine exactly which alav haPesach on products fit into such food. each category, but in most cases, it is impossible to make III. Jewish store- an exact determina- keepers tion, and the safek It was noted remains unclear. above that the pro- We have seen ear- hibition of chametz lier that there is a she’avar alav haPe- disagreement as to sach is limited to what to do if one chametz owned by is unsure whether a Jew on Pesach, a given product is but chametz owned or is not chametz by a non-Jew is per- she’avar alav haPe- mitted. Towards this end, most matter, Iggeros Moshe ruled that sach, and one should consult with conscientious Jews sell all of their the written document of sale over- the local Rav for direction on this remaining chametz to a non-Jew rides the unspoken intentions of the matter. just before Pesach and repurchase it storekeeper, and the sale is valid. At some point, the majority of after Yom Tov. Therefore, as a rule, Therefore, any chametz owned by the store’s stock will not be chametz observant Jews rarely have any of the storekeeper from before Pesach she’avar alav haPesach, and at that their own chametz which is chametz may be purchased and eaten by Jews point one may purchase chametz she’avar alav haPesach, and they only after Pesach. However, Iggeros Moshe without any qualms. Obviously, deal with these halachos as relates to has two important caveats: the determination of how long it food purchased in stores after Pesach. Any chametz sold by the store- takes before most of each type of That issue can be divided into three keeper on Pesach is forbidden as chametz is permitted depends very parts: buying from a non-religious chametz she’avar alav haPesach, since much upon the type of product and Jewish storekeeper, food produced the Jewish storekeeper took/stole it the nature of the business. Fresh in a Jewish-owned factory, and food from the non-Jew who purchased all bread only lasts for a few days, while distributors who are Jewish. of the chametz. This will be relevant whisky, pasta, and canned goods If a non-observant Jewish in a further section of this article. have a very long shelf life; 24-hour storekeeper owned chametz during Any chametz purchased by the newsstands get deliveries much less any part of Pesach, the chametz is storekeeper on Pesach is not cov- frequently than large supermarkets. forbidden to all Jews forever. In a ered by the mechiras chametz and is Sometimes, the products delivered

68 www.crcweb.org on Pesach do not hit the shelves facturer, the onus of guaranteeing to be mere employees who help the until a few days after Pesach, while that the food is not chametz she’avar new owner manage his company for in other cases they have all been sold alav haPesach generally falls upon Pesach. In this manner, the hash- by that time. Clearly, local experts the who certify the food as gachah considers the company no and Rabbonim who are familiar with kosher, and there are different opin- longer “Jewish-owned,” and imposes the store, community, and people’s ions as to how to deal with this. The no restrictions as to what they can shopping habits must be consulted most straightforward approach is to do on Pesach. in making this decision. require that on Pesach, all Jewish- Others disagree with this lat- owned companies not purchase, ter approach for two reasons. First, produce, or distribute anything that they claim that the sale of an entire IV. Jewish manufacturers contains any potentially chametz company to an unknown buyer who The status of Jewish-owned ingredients. Additionally, many has never even seen it, has no idea food manufacturers and distributors Poskim are of the opinion that if a of what he is buying, does not have is somewhat more complicated than Jew is financially responsible for a the means to follow through on the that of a storekeeper. If the store- non-Jew’s chametz on Pesach, that purchase, and is never given a fair keeper completes a mechiras chametz, chametz is forbidden after Pesach.3 accounting of the profits he“ earned” at least the chametz which he owned Therefore, the Jews would be even during his week-long ownership, is from before Pesach, is permitted after more restricted in their dealing with such an obvious sham as to invali- Pesach. However, if a manufacturer any chametz in the plant. date the entire transaction. Secondly, (or distributor) sells chametz from Others allow the use of the there are serious halachic questions his stock to a supermarket on Pesach, items listed above as not likely to be as to whether chametz purchased we have seen that Iggeros Moshe is chametz (e.g. vinegar, fermentation during the week of Pesach belongs clear that that chametz is forbidden, products). Furthermore, they allow to the “buyer” (i.e. the Jew) or the which means that the chametz being the companies to use chametz in company’s “owner” (i.e. the non- sold in the supermarket is chametz products that do not carry a hash- Jew); these questions are beyond she’avar alav haPesach. gachah, based on Poskim4 who rule the scope of this article. As a rule, a food manufacturer (for different reasons) that equip- In response to these two con- or distributor structures his business ment used for chametz on Pesach cerns, some hashgochos rely on the as a corporation, rather than as a sole may be used after Pesach without sale of the “whole company” only in proprietorship. This led some Pos- kashering. [Of course, even those cases of a Jew and non-Jew who are kim to suggest that chametz she’avar who follow this approach arrange for partners, in which case it is some- alav haPesach does not apply to the the company to perform a mechiras what more plausible that they would corporation’s chametz, because the chametz on the chametz they own.] sell their shares to one another. To chametz is considered to be owned This gives the Jewish-owned compa- make the sale more real, it is struc- by the corporation, as opposed to nies a certain degree of flexibility to tured between the partners (rather the individual Jew.1 However, the continue operating their business on than with an outsider), the Jew is generally accepted opinion is that Pesach, albeit with some restrictions. forced to not participate in busi- of Iggeros Moshe2, who rules that if However, even those who follow this ness operations during Pesach, and a Jew owns either a very large per- position would have no choice but the non-Jew is required to sell his centage of the company’s stock or to force a Jewish-owned all-chametz share to the Jew for a corresponding enough stock to have a voice in the company, such as a bakery, to be number of days at some other part management of the corporation, the closed for the entire Pesach. of the year (often set as the time chametz owned by the corporation There are those who take an when he would otherwise be going is considered to be Jewish-owned. even more lenient approach. They on vacation). This form of mechiras Thus, the fact that the manufacturer allow the Jewish owners of the com- chametz is somewhat better than the is a corporation does not necessarily pany to sell the entire company – one mentioned previously, while still obviate concerns of chametz she’avar not just its chametz – to a non-Jew, allowing the company to operate alav haPesach. using a modified mechiras chametz, on Pesach. As relates to the food manu- and consider the Jewish “owners” As with all matters of halacha,

www.crcweb.org 69 consumers should consult with their how long it takes for their local sold to anyone on Pesach, which for Rav as to which of these methods supermarket to deplete the supply a major distributor may amount to they deem acceptable, and for infor- of forbidden products and restock very little of his stock. mation as to which hashgochos follow its shelves, a distributor is one step Even according to the stricter which standard. removed from the consumers, and approach, not all of the chametz it is extremely difficult to get an products found in supermarkets accurate picture of which products (owned by non-Jews) are forbidden, V. Jewish distributors were owned on Pesach. because the supermarket itself has In recent years, the Jewish Due to the seriousness (or as stock from before Pesach, or stock community in the northeastern others would say, “hopelessness”) which it purchased so long after United States has become aware of the situation, some Rabbis have Pesach that it was not owned by the that a major distributor of food in suggested creative ways to allow the distributor on Pesach. In this case that area is a company owned by distributor to perform a mechiras more than in those noted earlier, it Jews. This situation is consider- chametz which will even cover the is close to impossible to figure out ably more complicated than those chametz he purchases and sells on which chametz is or is not forbidden. discussed above. Packaged products Pesach. While it is clear that making This brings us back to the differing from dozens of manufacturers pass some effort to correct the situation opinions discussed above: If one is through a distributor’s warehouse is better than doing nothing, many unsure as to whether a particular on a daily basis, yet the distributor Rabbonim have serious reservations food is chametz she’avar alav haPe- is not “certified” as kosher so there about the effectiveness of this sale. sach, may one eat the food or not? is no Rav who has any real say as to As noted above, they consider the In such a case, please consult your what he can or cannot do on Pesach. mechirah to be effective only as it local Rav for guidance. Furthermore, whereas people can relates to chametz owned by the attempt to figure out approximately distributor before Pesach and not An earlier version of this article first appeared in Hamodia and the OU website and is reprinted here with permission. (Endnotes) 1 448:3. 2 Mishnah Berurah 442:1 & 447:101. 3 See Gra”z, Kuntres Acharon 442:9, and Chazon Ish 116:11, 13-14. 4 Mishnah Berurah ibid. 5 Mishnah Berurah 442:27. 6 Mishnah Berurah applies the same principle to an avidah lit’amah, an ingredient that flavors the entire food. 7 See Gra”z ibid. for a possible explanation. 8 This is based on the rule ofsafek d’rabannan l’kulah, i.e. one may be lenient regarding doubts relating to prohibitions which are only Rabbinic in nature. 9 Iggeros Moshe OC 4:96. 10 See Shulchan Aruch 447:11 and Mishnah Berurah 447:105. 11 Mishnah Berurah 447:105. 12 See the end of Mishnah Berurah 454:13. 13 Shulchan Aruch 442:5. 14 Mishnah Berurah 442:4. 15 For example, one large commercial vinegar company in the Midwest buys approximately 12% of their alcohol from a supplier whose starch source is chametz. 16 Mishnah Berurah 442:1 (end). 17 This leniency applies even if the pot was ben yomo and even if the b’lios were not batel b’shishim in the food (ibid.). 18 Iggeros Moshe OC 1:149 & 2:91. 19 This would either be due to civil law’s view of a corporation or because the stockholders do not have voting rights – see Zecher Yitzchok #8, end, and HaElef L’chah Shlomo OC 238. 20 Iggeros Moshe EH 1:7 (end). See also Minchas Yitzchok 3:1, who takes a stricter approach. 21 See Mishnah Berurah 440:5. 22 Sha’arei Teshuvah 447:2, Be’er Haitev 447:4 and Mishnah Berurah 447:4 & 451:4.

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