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...
Affixing Mezuzot in a Short-Term Rental
Wearing the Tefillin Shel Rosh Over a Toupee
The Definition of "Left-handed" for Purposes of Tefillin
Tefillin – Looking at the Tefillin Shel Rosh Before Placing It on the Head; When to Remove the Tefillin Shel Rosh From Its Bag; The Earliest Time for Tefillin
If a Person Mistakenly Removed His Tallit From its Bag Before the Tefillin
Does One Wear Tefillin Shel Yad if His Arm is in a Cast?
Must One Wear Specifically a Woolen Tallit Katan?
The Proper Position of a Mezuza on the Doorpost
The Beracha of Yoser Or – Touching the Tefillin, and Punctuating the Phrase, “Be’safa Berura U’bi’n’ima Kedusha”
The Leather Used for the Parchment Inside the Tefillin and the Tefillin Boxes
Elul - Wishing “Le’Shana Toba” in Written Correspondence, Checking Tefillin and Mezuzot
Speaking, Answering “Amen” and Gesturing While Putting On Tefillin
Using a Mirror to Check the Placement of One’s Tefillin
The Importance of the Misva of Tefillin
One Who Mistakenly Recited “Barech Alenu” in the Amida Instead of “Barechenu”
Page of 239
3585 Halachot found