One who keeps Hametz in his possession during Pesah transgresses the Torah obligation of "Tashbitu Se’or Mi’batechem," which requires eliminating all Hametz from one’s possession before Pesah. Furthermore, he transgresses the Torah prohibition of "Ve’lo Yera’eh Lecha Hametz," which forbids owning Hametz during Pesah. The Sages imposed a fine upon one who violates this law, and established that Hametz which had been in a Jew’s possession during Pesah is forbidden for all Jews even after Pesah. No Jew may derive any benefit from Hametz that had been in a Jew’s possession during Pesah. According to Torah law, the Hametz becomes permissible after Pesah; the Torah forbade deriving benefit from Hametz only during Pesah, and not after Pesah. The Sages, however, enacted a provision forbidding any form of benefit from Hametz that had been in a Jew’s possession during Pesah in violation of the Torah.
It is therefore imperative when shopping in Jewish-owned supermarkets after Pesah to ascertain that the Jewish owner had sold the Hametz in the store before Pesah. If the store is owned by a Jew who did not sell the Hametz to a gentile before Pesah, then the Hametz he had owned during Pesah may not be purchased or eaten, even well after Pesah has ended. Moreover, Rav Haim Palachi (Turkey, 1788-1869) writes that one must notify other Jews who are unaware that Hametz in a certain store was under Jewish ownership during Pesah. For example, if one sees his friend in a supermarket purchasing Hametz products, and he knows that the store’s Jewish owner had not sold the Hametz before Pesah, he must inform the friend that the Hametz is forbidden.
In order for the sale of Hametz to be valid, the gentile who purchases the Hametz must understand that he actually acquires ownership over the Hametz. If he thinks the whole affair is some kind of joke or a religious ritual, then he does not legally purchase the Hametz and the Hametz remains in the Jew’s ownership, thus rendering the Jew in violation of the Torah prohibition of Hametz. The Bayit Hadash (Rav Yoel Sirkis of Poland, 1561-1640) and others went so far as to require handing to the gentile the keys to the premises where the Hametz will be stored during Pesah. After all, they contend, if the Hametz is being sold to the gentile, then he must have access to it. Otherwise, he does not actually believe that the Hametz enters his possession. Other authorities, however, including the Peri Hadash (Rav Hizkiya Da Silva, 1659-1698), ruled that the gentile acquires Halachic possession of the Hametz even if he is not given the key. Hacham Ben Sion Abba Shaul (Israel, 1928-1998) observed that the common custom follows the lenient ruling of the Peri Hadash, and one does not have to give the key to his premises to the gentile who purchases his Hametz. Of course, it is admirable to give the gentile a key in order to satisfy all opinions, but this is not necessary according to the accepted Halacha. It is proper, however, to write down one’s telephone number when going to the Rabbi to arrange the sale of his Hametz. The gentile should at least have the individual’s contact information so that he can access the Hametz which he purchased if he so desires at some point during Pesah. If one did not give the gentile his telephone number, the sale is nevertheless valid, but this is a proper practice in order to ensure that the sale is legitimate without any uncertainties.
Summary: It is forbidden to purchase, eat or derive any benefit from Hametz that had been under a Jew’s ownership during Pesah. This prohibition applies even after Pesah. One must therefore ascertain that Jewish storeowners had sold their Hametz to a gentile before Pesah, before one purchases Hametz from these stores. The sale of Hametz to a gentile is not valid unless the gentile truly understands that he legally purchases all the Hametz. It is therefore proper to write down one’s contact information when arranging the sale of Hametz, so that the gentile could gain access to the Hametz he purchased if he so desires during Pesah.
