Authored by Moishe Dovid Lebovits. Modern food science has given us foods that stay fresh for weeks and even months. Even so, we generally do not face issues of chametz left over Pesach since we sell our chametz to a non-Jew.[1] However, the issue of chametz left over Pesach does arise with Jewish-owned supermarkets who do not sell their chametz, as well as Jewish food distributors who supply supermarkets. In this issue, we will discuss the issues and possible solutions in this regard, as well as to which foods this issue applies.
Source
The Mishnah[2] says that chametz that was owned by a non-Jew over Pesach may be eaten.[3] However, if a Jew owned chametz over Pesach, it is forbidden to derive any benefit from it.[4] This applies to everyone, not just the owner.[5] The Gemara[6] discusses the parameters of this issue in great detail. We pasken like Rav Shimon, who explains that the reason for this prohibition is a knas,[7] a fine,[8] for transgressing bal yeira’eh.[9] This knas applies even if the chametz was left accidentally or one had no option.[10]
Forbidden Rabbinically
Only something which is forbidden on a d’Oraisa level may not be kept over Pesach. Food that is forbidden rabbinically may be kept over Pesach, and one may derive benefit from it.[11] If it is chametz nuksha[12] some permit eating it as well,[13] but the custom is to refrain from eating it.[14]
Chazal never enacted the knas to mixtures that are forbidden on a rabbinic level.[15] Therefore, many maintain that if the food has less than a kezayis of chametz it may be eaten after Pesach.[16]
If the chametz is less than one-sixtieth of the food but still serves a crucial role in the food, such as a davar hama’amid, the Mishnah Berurah[17] says one should be stringent. However, usually this item contains less than a kezayis of the davar hama’amid and is therefore permitted.
Since the knas is rabbinic in nature, if one is unsure if the item was kept over Pesach, it is permitted to be eaten, according to many poskim.[18]
Which Foods
The restriction applies to chametz items, which can only be made from these grains: wheat, spelt, barley, rye, and oats. Therefore, breads, pasta, cookies, and pastries are included in this.
Kitniyos such as rice, beans, corn and other such foods (see below) need not be sold over Pesach.
Which Additional Items Are Not Included
The following items may be purchased after Pesach, even if they have not been sold:
Beans, bean sprouts, black-eyed peas, canola oil, caraway, chickpeas, coffee,[19] coriander, corn,[20] corn syrup, cumin, dextrose, emulsifiers, fennel, fenugreek,[21] flax seeds, garlic,[22] green beans, kimmel, lecithin, lentils, licorice, lucerne, lupine, millet, mustard, popcorn, poppy seeds, radishes,[23] saffron, sesame seeds, snow peas, soy, soy oil, soy beans, starch, stabilizers, string beans, sunflower seeds,[24] tea,[25] tofu.
Vinegar appears in many food products such as pickles, ketchup, mustard, and mayonnaise. Vinegar is produced when alcohol is fermented. Some vinegars are derived from malt, which is chametz, while apple cider or wine vinegar are not chametz. Most vinegar is labeled white distilled and can come from any grain. In the United States, vinegar is made from corn alcohol, which is not chametz. Therefore, in the United States one would be able to buy products with this ingredient after Pesach.
Even if one does not eat machine matzah on Pesach, he may eat it afterward.[26]
Medications and vitamins may be purchased from any store after Pesach.[27]
Cosmetics, soaps, and detergents may be purchased from any store after Pesach.
Jewish-Owned Stores
As mentioned above, the issue of chametz which was kept over Pesach only applies to Jewish-owned chametz. Most Jews sell their chametz, so there is no issue with chametz after Pesach. This issue is most relevant with food stores that are owned by Jews who do not sell their chametz.
Harav Moshe Feinstein zt”l[28] held that as long as the Jew has controlling interest it is considered as if he owns it.[29]
He was consulted regarding a non-religious Jew who sold his chametz to a non-Jew[30] but then continued to operate his store on Pesach.[31] The question was whether running the business as usual and buying chametz on Pesach would invalidate the sale. Harav Moshe maintained that the written document of sale overrides the intentions of the storekeeper to stay open on Pesach. Therefore, any chametz owned by him from before Pesach may be purchased after Pesach. However, there are two important issues. First, any chametz which is sold by the store on Pesach is forbidden, since the store owner took the chametz from the non-Jew. Second, any chametz purchased by the store owner on Pesach is not covered by the sale which was performed before Pesach.[32]
Others felt that this sale has no value.[33]
Pragmatically, we have no way of knowing if the products on the shelf are from the old stock or were purchased on Pesach. Eventually, most of the chametz products in the store’s stock will not be an issue. This depends, of course, on the shelf life of each item and the nature of the business. Some small mom and pop stores have fewer deliveries as opposed to large supermarkets. Also, fresh bread has a shorter shelf life than cookies and cereal.
Non-Religious Jews
There is a discussion whether non-religious Jews who do not sell their chametz have a status of a Jew or gentile regarding chametz which was owned over Pesach.[34] The custom is that a non-religious Jew has the same status as a Jew, and his unsold chametz is forbidden for religious Jews after Pesach.[35]
Jewish Manufacturers
Regarding Jewish manufacturers, the situation is a bit more complex. If a Jewish manufacturer sells chametz on Pesach to a supermarket, the chametz is forbidden. Even if the manufacturer set up his business as a corporation, Harav Moshe Feinstein zt”l[36] held that as long as the Jew has controlling interest it is considered as if the Jew owns it.[37]
The kashrus agencies who certify these manufacturers operate in various ways. The ideal solution is for the manufacturer to close for the entire Pesach and not produce anything. Others sell the entire company and in essence make the Jew an employee of the non-Jew (who is a temporary owner). Others are not convinced that this would suffice.
Jewish Distributors
Food manufacturers get their products to thousands of stores by selling their products to distributors. The distributors store the products in their warehouses and deliver them to the stores. There are thousands of food distributors across the USA. If a Jewish distributor does not sell his stock, the products are prohibited after Yom Tov. A few distributors are Jewish owned. One specific example is C&S Wholesale Grocers, which is one of the largest privately owned companies in the USA.[38] They service 6,500 different markets in many states, and their customers include Safeway, Target, Kroger, Stop & Shop, Giants, Ralphs, Foodtown, and Winn-Dixie.
Harav Yisroel Belsky zt”l composed a shtar to sell the chametz of C&S and the sale is handled by this author (KOF-K Kosher Supervision) and Harav Belsky’s beis din.[39]
It is possible to buy from stores that are serviced by such distributors by calculating which products were distributed during and after Pesach. This may be a challenge.
The Lenient Approach
There is room to be lenient regarding those stores whose only concern is a Jewish distributor, based on the following: The issur of eating chametz which was owned over Pesach is rabbinic in nature. We have no real way of knowing if the chametz on the shelf is from stock before Pesach or from on Pesach. Therefore, if one is in doubt, it is a safek (doubt) regarding a rabbanan, which is permitted.[40] This may be different with a mom and pop store where products tend to stay on the shelf longer, and perhaps they were in stock from before Pesach as well.
The Common Practice
Others are not willing to rely on this leniency, as today’s markets have a rapid turnover. Therefore, we can assume that products on the shelves were bought during Pesach. Therefore, one should wait until Lag B’omer to buy from these stores.[41] Until this time, one should only buy from a Jewish-owned store which sold their chametz[42] (these stores usually do not get products from distributors who operate on Pesach[43]).
Liquor has a very long shelf life. Therefore, if there is any concern, one should wait until Shavuos before buying from a store which did not sell their chametz.
Stocking Up or Buying from a Supermarket
An interesting question arises if one should stock up before Pesach and sell the chametz to a non-Jew so he has it after Pesach, or if it is better not to have it in his property before Pesach and rely on the lenient opinion above. One should not buy from the supermarket if he does not know if the chametz was from Pesach even if he will save a few dollars. This is especially true since it is not hard to buy from a store which is Jewish owned and sold its chametz per halachah and was closed on Pesach.
In regard to a frum-owned supermarket, some allow the store to stock up on chametz from their non-religious distributors before Pesach and sell it to the non-Jew. This way the store owner accomplishes two things. First, he does not have to worry about the possibility of receiving chametz from a distributor who did not sell properly. Second, he can supply his customers with chametz products immediately after Pesach.[44]
Buying from Supermarkets after Pesach[45]
There is no issue with the stores listed below regarding the requirement of selling their chametz. However, the distributors may be an issue, since some Jewish distributors supply these stores (with the exception of those which are known to sell their chametz). The lenient approach would permit buying from these stores after Pesach, but one should be stringent as mentioned above.
BJ’s Wholesale Club
Costco
CVS
D’agostino Supermarkets
Duane Reade
Giant Foods – get from C&S
Gristedes Foods
Key Foods
King Kullen
Kmart
Kroger – get from C&S
Price Chopper
Publix
Rite Aid
Safeway
Seven-Eleven
Shoprite – Their chametz is sold but they still buy and sell throughout Pesach.[46]
Stop and Shop – get from C&S
Target – get from C&S
Trader Joes
Walgreens
Walmart (Sam’s Club)
Wawa
Wegmans
Winn Dixie – get from C&S
[1] See Sha’arei Yemei Pesach 3:12.
[2] Maseches Pesachim 28a.
[3] Shulchan Aruch 448:1; Shulchan Aruch Harav 2.
[4] Shulchan Aruch 448:3; Mishnah Berurah 25. If one did a bedikah and bitul, see Mishnah Berurah 25 (and 442:1) if there is a great need. Also see Maharam Shik, O.C. 219; Yad Yitzchak 2:275; Imrei Yosher 1:23; Avnei Nezer 348.
[5] Shulchan Aruch Harav 448:1; Aruch Hashulchan 7. See Yechaveh Da’as 3:28.
[6] Maseches Pesachim 28b-29a.
[7] The knas is on the chametz itself (Shalmei Moed page 7).
[8] Maseches Pesachim 29a; Magen Avraham 448:3; Mishnah Berurah 7. See Rashi, Maseches Pesachim 29a “l’olam”; Ritva. Refer to Chasam Sofer, O.C. 124; Rivevos Ephraim 1:325:1.
[9] Rashi, Maseches Pesachim 28a “b’Gemara.”
[10] Rambam, Hilchos Chametz U’matzah 1:4; Shulchan Aruch 448:3; Kitzur Shulchan Aruch 114:3. See Biur Halachah “afilu.” See Chok Yaakov 448:20; Aruch Hashulchan 5; Mishnah Berurah 9, 25.
[11] Shulchan Aruch 447:12.
[12] Chametz nuksha is chametz that had something wrong with its fermentation; either it did not become completely fermented, or it was not of quality for human consumption (only edible b’sha’as hadchak).
[13] See Magen Avraham 447:46.
[14] Chok Yaakov 447:53; Elyah Rabbah 46; Shulchan Aruch Harav 442:20; Mishnah Berurah 447:107; Sha’ar Hatzion 183.
[15] Maseches Pesachim 30a, Rashi “aval”; Mishnah Berurah 447:101; Aruch Hashulchan 42. See Magen Avraham 447:42.
[16] Mishnah Berurah 442:1, 447:101.
[17] 442:27.
[18] Taz 449:1; Chok Yaakov 1, 448:4; Maharshag 2:98; Natei Gavriel Pesach 60:footnote 19; Igros Moshe, O.C. 4:96. Refer to Mishnah Berurah 449:5.
[19] Refer to Sha’arei Teshuvah 453:1; Minhag Yisrael Torah 2:pages 213-214. See Tov Ayin 9:6.
[20] Mishnah Berurah 453:4; Aruch Hashulchan 3.
[21] OU document P-77.
[22] Refer to Chayei Adam 127:7; Da’as Torah page 119; Minhag Yisrael Torah 2:page 214.
[23] Chayei Adam 127:7; Kaf Hachaim 20; Natei Gavriel Pesach 2:39:7. Refer to Minhag Yisrael Torah 2:page 213.
[24] Refer to Mishnah Berurah 453:11; see Da’as Torah page 118.
[25] Sha’arei Teshuvah 453:1.
[26] Natei Gavriel Pesach 60:16.
[27] Halachah Shel Pesach 6:2:9; Natei Gavriel Pesach 60:10; Chok Yaakov 466:1; Sha’ar Hatzion 466:4; Kaf Hachaim 8.
[28] Igros Moshe, E.H. 1:7 (end).
[29] See Zecher Yitzchak 8.
[30] Igros Moshe 1:149, 2:91. See Igros Moshe, O.C. 4:95; Shulchan Halevi Hebrew 1:page 129. Refer to Seridim 19:pages 7-13.
[31] See Yesodei Yeshurin 6:pages 236-239; Rivevos Ephraim 6:440:2; Teshuvos V’hanhagos 1:288.
[32] Igros Moshe, O.C. 2:91; Shulchan Halevi Hebrew 1:pages 128-129. See Chelkas Yaakov, O.C. 194.
[33] Opinion of Harav Yosef Ber Soloveitchik zt”l, quoted in Mipeninei Harav page 102:2. See Teshuvos V’hanhagos 3:116.
[34] See Magen Ha’elef 448:7; Sedei Chemed, Chametz 9:1; Har Tzvi 2:46; Mishneh Halachos 3:54; She’arim Metzuyanim B’halachah 114:20; Halachah Shel Pesach 5:1:35-36. This can be very relevant regarding buying liquor from a non-religious store or company. See Mishneh Halachos 3:54.
[35] Kitzur Shulchan Aruch 114:7, 13; Aruch Hashulchan 448:1; Yechaveh Da’as 3:28. One can’t sell his own chametz to a non-religious Jew either (Aruch Hashulchan 448:1).
[36] Igros Moshe, E.H. 1:7 (end).
[37] See Zecher Yitzchak 8. Refer to Journal of Halachah and Contemporary Society 8, pages 93-98.
[38] Krasdale and Hain Celestial Group are also owned by Jews.
[39] Not only does this sale include the existing chametz but they sell the division of their operation which purchases new chametz during Pesach as well.
[40] See Igros Moshe, O.C. 4:96.
[41] Opinion of Harav Yisroel Belsky zt”l, brought in Shulchan Halevi Hebrew 1:pages 128-129. See Natei Gavriel Pesach 60:9.
[42] Sha’arei Yemei Pesach 3:12. Refer to Shulchan Halevi 1:page 129 about those who only buy after Pesach from stores who bought everything from after Pesach and do not rely on the sale of the chametz to a non-Jew. See Sedei Chemed Chametz U’matzah 9:20; also see 9:15; Kinyan Torah 7:39; Chut Shani Pesach page 111; Sha’arei Yemei Pesach 3:12:7-9; Teshuvos V’hanhagos 1:309, 5:112-113; Halachah Shel Pesach 6:2:footnotes 46-47, 50; Halichos Shlomo Moadim 6:9:footnote 13; Natei Gavriel Pesach 60:3. In relation to selling chametz in general, see Tosefta, Maseches Pesachim 2:12-13; Beis Yosef 448; Rambam, Hilchos Chametz U’matzah 4:6-7; Shulchan Aruch 448:3-4; Machatzis Hashekel 448:3; Bechor Shor, Pesachim 21b; Massei Rav (Gra) 180; Chasam Sofer, O.C. 113; Aruch Hashulchan 448:12-13; Igros Moshe, O.C. 1:150; Yad Moshe pages 25-26; Ohr L’tzion 3:9:1; Nefesh Harav page 177; Hamoadim B’halachah page 303.
[43] Shulchan Halevi (Hebrew) 1:page 129.
[44] Lehoros Nassan 4:37. See Shevet Halevi 4:49.
[45] All the information below is from the Survey of US Grocery Scene with Relevance to Purchase of Chametz after Pesach.
[46] Survey of US Grocery Scene with Relevance to Purchase of Chametz after Pesach.