DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 3.42 MB)
Pesah – Delivering Hametz For a Non-Jew During Pesach

On Pesach, it is forbidden not only to eat Hametz and to have Hametz in one’s possession, but also to derive benefit from Hametz. This means that even if Hametz is owned by somebody else, one may not derive benefit from it.

Relevant to this Halacha, the Mishna Berura (450:23) addresses the situation of a gentile whose animal on Pesach crouches under the weight of its cargo, and the gentile needs help to unload some of the cargo, which consists of Hametz, in order to alleviate the animal’s burden. In principle, it should be forbidden for a Jew to assist the gentile, because he anticipates to receive something in return – either a tip, some reciprocation, or at least the gentile’s goodwill and friendship – and thus in effect, the Jew would be benefiting from the Hametz. Such a case would, seemingly, qualify as one of "Roseh Be’kiyumo" – where the Jew has vested interested in the Hametz’s existence on Pesach, which constitutes a form of forbidden benefit. However, the Mishna Berura rules that the Jew would be allowed to help the gentile unload the cargo, because the Jew’s intent is to avoid "Sa’ar Ba’aleh Hayim" – the pain suffered by the animal. The primary motivation for unloading the cargo is the Misva of alleviating the animal’s suffering, and he does not seek to derive any form of personal benefit. The Misva of preventing "Sa’ar Ba’aleh Hayim" does not Halachically constitute "Hana’a" ("benefit"), and so he may help the gentile in this case.

The Mishna Berura’s discussion likely becomes relevant in other similar situations that do not involve a Misva. A contemporary example would be a Jewish trucking company which is hired to transport food for a company owned by the gentiles, and the food is Hametz. The Jew clearly has vested interest in the existence of this Hametz, as it is the cause of a profitable contract. In light of the Mishna Berura’s discussion of the case involving an animal, it would appear that a Jewish truck driver or truck company should not transport a gentile’s Hametz on Pesach, as this would constitute "benefit" from Hametz which is forbidden on Pesach.

Summary: It is forbidden on Pesach not only to eat or own Hametz, but also to derive any form of benefit from somebody else’s Hametz, which includes putting oneself in a situation whereby the existence of Hametz is somehow beneficial. It would thus seem that a Jewish trucker should not transport a gentile’s Hametz during Pesach.

 


Recent Daily Halachot...
Passover- Searching for Hametz in the Synagogue
Passover- Do Not Regard Meat As 'This Is For Pesach'
Passover- If A Hametz Pot Was Mistakenly Used For Pesach Cooking
Passover- The Laws regarding Glass Dishes On Passover and Throughout The Year
Passover- The Time To Start the Seder and Saying HALLEL At The End of The Seder
Passover- The Importance of MAGID In The Seder , and Leaning on the Night of Pesach
Passover- Is It Permissible To Drink Milk from A Non-Jew Owned Farm Cow Which Itself Consumed Chametz
Passover- Kashrut Questions and Answers Regarding Baby Formula, Sugar, Rice, and Food for Live Fish
Passover- Is It Permissable To Eat ROASTED Foods On Seder Nights
Passover- If A Tiny Amount of Hametz Falls Into A Pot & Cooking in Hametz Pots
May Two People Eat Meat and Milk at the Same Table?
Smelling Forbidden Foods; Heating Meat and Dairy Foods in a Microwave Oven
Drinking Non-Dairy Milk While or After Eating Meat
Serving at a Meat Meal Parve Foods That Were Served at a Dairy Meal
Is It Permissible to Use A Meat Pot To Cook A Parve Item That Will Be Mixed With A Dairy Item
Page of 239
3585 Halachot found