Passover Observance as a Healthcare Professional

Question

Hello Rabbi, I work as a nurse in a medical facility where neither the patients nor the owners are Jewish. In addition to patient care, my duties include serving meals. During Passover, may I serve bread and cakes to the patients, or does this conflict with Passover observances?

Answer

Thank you for your question.
This is an intriguing question let me explain why as you are aware, Jewish law prohibits eating, deriving benefit from, or even possessing chametz during Passover. This prohibition includes not selling chametz, as ownership itself is forbidden. In your situation, however, the chametz you are asked to serve is neither in your home nor in your personal possession, and you are not consuming or directly benefiting from it. Given these circumstances, the question then arises: What potential issues could there be, if any? Let's explore this further.
Given that you receive compensation for your duties at the facility, which includes serving chametz to patients, there is an indirect benefit derived from the chametz because your salary is partially earned through this service. In halachic terms, this scenario is considered משתכר באיסורי הנאה, which translates to "profiting from Chomets-related work." This introduces a complex halachic issue we need to examine.
The basis for this prohibition can be found in Tractate Avoda Zara (page 62a). It describes a scenario where a person is employed at a non-Jewish winery. Since non-Jewish wine is considered Asur Behana'ah—prohibited for consumption or benefit—the earnings from such employment are also forbidden. This is because the income is derived indirectly from yayin nesech, (wine used for idolatrous purposes), which is similarly banned from use. Thus, the Talmud illustrates that deriving indirect benefits, such as income, from prohibited items is also considered forbidden.
The Talmud clarifies that the prohibition on deriving benefit from yayin nesech is a rabbinical stringency that does not apply to all prohibited items. Therefore, it might be argued that in your situation at the nursing home, where you have an indirect benefit from chametz, such an arrangement could be allowed.
However, in the responsa of the Rashba (Rabbi Shlomo ben Aderet, a distinguished 13th-century Jewish scholar and legalist from Barcelona, who lived from 1235 to 1310), volume 1, siman 177, he addresses whether it is permissible to earn money by guarding chametz owned by a non-Jew. He states: "I too must say that the case involves a jew who sits and guards for payment. And since it is prohibited to derive benefit, it is initially forbidden for him to sit and guard for a wage." This implies that such indirect benefits are initially considered prohibited.
We see from this that although chametz does not have the same level of severity as yayin nesech, which is prohibited even after the fact (Bedieved), it is still forbidden to derive any benefit from chametz from the outset (Lechatchilah).
And this is brought Lehalacha in the Shulchan Aruch, Siman 450, Seif Katan 5, which states that although it is not permissible to earn money through chametz, if the money has already been received, it is allowed. The Mishnah Berurah clarifies in Seif Katan 10 and 25 that this is permissible because the stringency regarding yayin nesech, which is forbidden even after the fact (Bedieved), does not apply in the same way to chametz.
One might suggest continuing to serve food as usual and then deduct a percentage from the monthly wages, arguing that this avoids any indirect benefits from handling chametz. However, this approach doesn't work because your job encompasses all tasks, including those involving chametz. If you were to skip these tasks, you could be fired. Therefore, any wages you earn indirectly come from handling chametz, and reducing your wages doesn’t change this connection.
To sum it up, since working with chametz by serving it to patients isn't allowed due to the prohibition against indirect benefit from chametz, you should request to be excused from this task during Passover.
Wishing you much success.



Source

  1. Tractate Avoda Zara, Page 62a
  2. Responsa of the Rashba, Volume 1, Siman 177 (Rabbi Shlomo ben Aderet)
  3. Shulchan Aruch, Siman 450, Seif Katan 5
  4. Mishnah Berurah, Seif Katan 10 and 25

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