Chametz that was not sold to a gentile
Alef Chametz belonging to a Jew that was not sold to a gentile is forbidden after Pesach both for eating and for deriving benefit .
Doubt as to whether it was sold to a gentile
Bet Even when there is doubt whether the chametz was sold or not, it is forbidden to eat it .
Chametz sold in accordance with halachah
Gimel Chametz that was sold to a gentile in accordance with halachah is, according to the basic law, permitted to eat , however the Gra and Rabbi Akiva Eiger were stringent not to eat it, because one must be concerned that perhaps the sale was not carried out properly.
In our times
Dalet In our times, when the legal validity of the sale is subject to discussion, it is best in practice to be stringent and not rely on the sale.
Flour that remained over Pesach
He With regard to flour as well, it should at least be viewed as doubtful chametz; therefore one should be stringent also with flour and not rely on the sale. Although flour is less severe than actual chametz, one should be stringent also with flour and not rely on the sale.
Those for whom this is difficult
Vav Those who find it difficult to be careful not to use chametz that was sold to a gentile may rely on the basic law, according to which it is permitted; however, care must be taken that the sale was carried out properly and in accordance with halachah.
Baking improvers and other ingredients
Zayin Even when the flour is dry or from dry milling, often the baking improvers, or other substances containing chametz, were sold to a gentile; and sometimes their status is like that of a ma’amid or something that is avid leta’ama, which are forbidden even when in a mixture, even if there is sixty times their amount against them. There is room to be stringent with these as well.
Chet As stated, when this is difficult one may rely on the basic law, that the sale is effective.
How one can know
Tet In sealed products under the supervision of the Edah HaChareidis, on which the wording appears, “from dry flour,” or “from flour milled after Pesach,” this means that in this product all the ingredients are from after Pesach. However, when the wording “produced after Pesach” appears, it means that the flour was sold in the chametz sale.
Sources and citations
5- 1 שולחן ערוך (סימן תמח סעיף ג)
- 2 עיין משנה ברורה (סימן תמט ס"ק ה) שהביא ב' דעות בדבר
- 3 כמבואר בתוספתא (פסחים פרק ב הלכה ו) ובשולחן ערוך (שם)
- 4 מעשה רב אות קפא
- 5 אגרות סופרים (סימן מח), וכן כתב הברוך טעם בשו"ת עטרת חכמים (חו"מ סימן טו) במכתב לחתם סופר, 'ותיתי לי שמיום עמדי על דעתי אני כנזיר משתיית יין ושכר של ישראל שמקודם פסח, ומעולם לא רציתי להצטרף לגאונים מריצי תשובות בענין מכירת חמץ