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...
The Importance of Giving Charity Before Praying; If One’s Prayer is Disrupted by Charity Collectors
The Yartzheit of the Ben Ish Hai
Feeding a Child Before Shaharit or Before Kiddush; Feeding a Child Dairy After He Ate Meat
May a Person Receive Two Aliyot in a Single Torah Reading?
Is it Permissible to Refer to One’s Father or Rabbi by His Name if He Adds a Title?
Calling Somebody With the Same Name as One’s Father
The Importance of Studying the Halachot of Respecting Parents
The Procedure When a Bet Din Announces Its Decision
Reciting Kaddish for a Parent
Ensuring Not to Receive a More Prominent Aliya Than One’s Father
Calling One’s Son in the Presence of His Father With the Same Name
Berit Mila – Eliyahu Ha’nabi’s Chair
Birkat Kohanim – The Unconditional Blessing
The Halachic Status of the Period Between Amud Ha’shahar and Sunrise
Can the Officiating Rabbi at a Wedding Serve as One of the Witnesses?
Page of 239
3585 Halachot found