Chapter 13. The Laws of Chametz After Pesach
Chametz That Was Not Sold to a Non-Jew
A.
Chametz belonging to a Jew that was not sold to a non-Jew is forbidden after Pesach both for eating and for deriving benefit
[1]
.
Doubt Whether It Was Sold to a Non-Jew
B.
Even when there is doubt whether the chametz was sold or not, it is forbidden to eat it
[2]
.
Chametz That Was Sold Properly
C.
Chametz that was sold to a non-Jew properly is, according to the basic law, permitted to eat
[3]
, however the Gra
[4]
and Rabbi Akiva Eiger
[5]
were stringent not to eat it, because one should be concerned that perhaps the sale was not performed properly.
In Our Times
D.
In our times, when there is room to question whether the sale has legal validity, it is preferable in practice to be stringent and not to rely on the sale.
Flour Over Which Pesach Has Passed
E.
Flour, too, should be regarded at least as possible chametz; therefore, one should be stringent regarding flour as well and not rely on the sale. And although flour is less severe than actual chametz, one should nevertheless be stringent regarding flour as well and not rely on the sale.
Those for Whom It Is Difficult
F.
Those who find it difficult to be careful not to use chametz that was sold to a non-Jew may rely on the basic law that it is permitted; however, one must ensure that the sale was performed fully in accordance with halachah.
Baking Improvers and Other Ingredients
G.
Even when the flour is dry or from dry milling, often the baking improvers or other substances containing chametz were sold to a non-Jew. Sometimes their status is that of a stabilizing agent or of something made to impart flavor, in which there is a prohibition even when they are in a mixture, and even if there is sixty times their amount against them; there is room to be stringent regarding these as well.
H. As stated, when the matter is difficult, one may rely on the basic law that the sale is effective.
How Can One Know
I.
On sealed products under the supervision of the Edah HaChareidis, when the wording “from dry flour” or “from flour milled after Pesach” appears, this means that in this product all the ingredients are from after Pesach. However, when the wording “produced after Pesach” appears, the meaning is that the flour was sold in the sale of chametz.
[1]
Shulchan Aruch (section 448, paragraph 3).
[2]
See Mishnah Berurah (section 449, subsection 5), which cites two opinions on the matter.
[3]
As explained in the Tosefta (Pesachim, chapter 2, halachah 6) and in the Shulchan Aruch (ibid.).
[4]
Maaseh Rav, paragraph 181.
[5]
Igrot Sofrim (section 48), and so too wrote the Baruch Taam in Responsa Ateret Chachamim (Choshen Mishpat, section
15), in a letter to the Chatam Sofer: “And may this be to my credit: from the day I reached understanding, I have been like a nazir in abstaining from wine and liquor of a Jew that existed before Pesach, and I never wished to join the gaonim who issue responsa regarding the sale of chametz