DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 1.67 MB)
Pesah – How Soon After Pesah May One Eat the Hametz Which He Had Sold?

Many people have the practice after the end of Pesach not to immediately eat the Hametz in their homes which they had sold to a gentile, and to instead wait until the Rabbi through whom they had sold the Hametz purchases the Hametz back from the gentile. In truth, however, this is not necessary. When the gentile purchases the Hametz before Pesach, he makes a small down payment, committing to pay the full price later, after Pesach, but of course, the Hametz is then purchased back from the gentile right after Pesach. Most sale contracts used by Rabbis today include a clause stating that if some of the sold Hametz is eaten after Pesach, the value of that Hametz will simply be deducted from the amount which the gentile legally owes. Therefore, Hacham Bension Abba Shaul (Israel, 1924-1998) writes (listen to audio recording for precise citation) that one may make use of the Hametz immediately after the conclusion of Pesach, and does not have to wait for the Rabbi to purchase the Hametz back from the gentile.

Hacham Bension adds that if this clause was not included in the contract, then one should wait before using his Hametz until the Rabbi purchases the Hametz back from the non-Jew. Other Poskim, however, maintain that even in the absence of an explicit cause, it can be assumed that the gentile who owns the Hametz does not mind if the Jew partakes of some of the Hametz, the value of which will be then deducted from the amount he needs to pay.

In Israel, one should not eat Hametz until 72 minutes past sundown on the last day of Pesach. Since eating Hametz on Pesach constitutes a Torah prohibition, it is proper not to eat Hametz until the final day of Pesach has ended even according to the view of Rabbenu Tam (France, 1100-1171), who maintained that the Halachic day ends only 72 minutes after sunset. Outside Israel, where an additional day of Yom Tov is observed by force of Rabbinic enactment, this is not necessary, since on this extra day, eating Hametz is not forbidden by Torah law. As soon as the Yom Tob ends, one may partake of the Hametz.

Summary: Some people have the practice the night after Pesach ends to refrain from eating the Hametz they had sold, until the Rabbi buys the Hametz back from the non-Jew. Strictly speaking, however, this is not necessary. In Israel, one should refrain from Hametz on the final day of Pesach until 72 minutes after sundown.

 


Recent Daily Halachot...
The Halachic Status of Non-Jewish Brandy, and of Wine Containing Other Ingredients
The Status of Wine Touched by a Non-Jewish Child; The Status of Products that May Have Been Mixed with Non-Jewish Wine
Setam Yenam – The Severity of the Prohibition Against Non-Jewish Wine
Setam Yenam – The Prohibition Against Drinking the Wine of Non-Jews
To What Temperature Must Wine be Heated to be Considered “Mebushal”?
The Status of Utensils Used by a Gentile for Cooking
Does the Prohibition of “Bishul Akum” Apply to Tuna Fish?
May One Eat Food Cooked by a Non-Jew if a Jew Kindled the Fire?
Eating Dairy at a Meat Meal Six Hours After Eating Meat; Starting a Dairy Meal Within Six Hours of Eating Meat
What is the Status of Parve Food Cooked in a Meat or Dairy Pot?
Converting Meat Utensils Into Dairy Utensils Through Hag’ala
May One Eat Fish with Milk or Other Dairy Products?
Kashrut of a Giraffe
Selling a Gid Ha'nashe to a Gentile, and Using it to Stitch the Parchment of a Sefer Torah
Washing One's Hands in Between Fish and Meat; Drinking Water Immediately After Eating Fish
Page of 239
3585 Halachot found