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...
Rosh Hashana- Is it Proper to Cry During the Rosh Hashanah Prayers?
Talking in Between the Shofar Blasts
Reciting Shehehiyanu Over a Grafted Fruit on Rosh Hashanah
Exemptions in a Case of a Deferred Fast Day
Rosh Hashana- Blowing the Shebarim and Shebarim-Teru’a Sounds in a Single Breath
Rosh Hashana- A Berit Mila Held on Rosh Hashanah
What Are The Required Qualifications To Be Appointed As Hazan For The High Holiday Services
Why Do We Always Make the Beracha of Shehechiynau After The Beracha of The Mitzvah, For Example As Done On The Shofar On Rosh Hashana
Rosh Hashana- Some Laws Regarding Musaf Including The Topic of Ladies Praying Musaf Or Not
Rosh Hashana- Is It Permissible To Blow The Shofar On Rosh Hashana After Shul, After The Required Tikeeot Are Sounded
Rosh Hashana- The Correct Time for Tashlich & Tashlich on Shabbat
Rosh Hashana- Understanding The Custom of Tashlich
Eating Bread in the Sukka on the First Night of Sukkot; Eating on Erev Sukkot; Rainfall on the First Night of Sukkot
Succot- How Does One Choose a Kosher Etrog?
How does one Choose Hadasim?
Page of 239
3585 Halachot found