DailyHalacha.com for Mobile Devices Now Available

Select Halacha by date:

Or by subject:

Or by keyword:
Search titles and keywords only
Search All    

Weekly Perasha Insights
Shabbat Morning Derasha on the Parasha
Register To Receive The Daily Halacha By Email / Unsubscribe
Daily Parasha Insights via Live Teleconference
Syrian Sephardic Wedding Guide
Download Special Tefilot
A Glossary Of Terms Frequently Referred To In The Daily Halachot
About The Sources Frequently Quoted In The Halachot
About Rabbi Eli Mansour
Purchase Passover Haggadah with In Depth Insights by Rabbi Eli Mansour and Rabbi David Sutton
About DailyHalacha.Com
Contact us
Useful Links
Refund/Privacy Policy
Back to Home Page

Halacha is For Refuah Shelemah for
 Tova Rivka Bat Ester Rachel, Jenny, Ester Chaya Bat Rachel, Benjamin
"Please include them in your prayers for a speedy recovery."

Dedicated By
Anonymous

Click Here to Sponsor Daily Halacha
  Clip Length: 3:15 (mm:ss)
      
(File size: 760 KB)
(File size:779 KB)
Is It Permissible To Sell UnKosher Food

Is it permissible to sell food that Halacha forbids for consumption? If a person owns a variety store, for example, may he sell food items that are forbidden to be eaten?

The Shulhan Aruch addresses this question in the Yoreh Dei'a section (117:1) and rules that one may not sell non-kosher food items on a regular basis, such as in the aforementioned case of selling non-kosher food as regular merchandise in one's store. One may, however, sell non-kosher food on an occasional basis; for example, Jewish slaughterhouses may sell the meat of animals that are discovered to be unfit for consumption. Since these sales are not part of the slaughterhouses' ongoing business operations, they are permissible.

The Shach (commentary to the Shulhan Aruch by Rabbi Shabtai Ha'kohen, 1621-1663) explains that although the Torah explicitly permits selling non-kosher meat to gentiles (Devarim 14:21), the Sages enacted a prohibition forbidding the trade of non-kosher food. Some attribute this enactment to the concern that one who sells non-kosher food on a regular basis might eventually partake of it, while others explain this law on the basis of "Mar'it Ha'ayin," the concern that people might wrongly suspect such a person of eating non-kosher food.

The Shulhan Aruch adds that just as Halacha forbids doing commerce with non-kosher food, so may one not be a partner in a company that trades in non-kosher food products. This Halacha gives rise to the question concerning owning stock in non-kosher food chains, such as McDonalds. Does shareholding in a company constitute a "partnership" with respect to this Halacha, or might we somehow distinguish between shareholders and partners?

Rabbi Moshe Feinstein (Russia-New York, 1895-1986), in his Iggerot Moshe (Even Ha'ezer 1:7), rules that one may own shares of stock in a non-kosher food chain provided that he does not exert any decision-making control in the company. Even if shareholders are a given a vote on company decisions, shareholders are not considered "partners" with respect to this Halacha and thus may own stocks even though the company trades in non-kosher foods. If, however, somebody owns over 50% of the company and thus has a say in the company's operational decisions, he is considered a partner and may not continue owning the stock if the company deals in non-kosher food products.

This entire discussion relates only to foods that are forbidden by consumption on the level of Torah law. Foods that are forbidden by force of Rabbinic enactment, however, may be sold by Jews without any restrictions, even as a permanent business arrangement. In all situations, then, one must consult with a competent Halachic authority to determine the status of the food in question.

Summary: Halacha permits selling non-kosher without restriction if the food is forbidden only by force of Rabbinic enactment. Food forbidden on the level of Torah law, by contrast, may be sold only on an occasional basis, but not as part of an established commercial enterprise. Likewise, one may not enter into a partnership in a company that trades in foods forbidden by Torah law. One may own stock in a non-kosher food company provided that he does not enjoy any decision-making control in the company.

See the book- “Pure Money” by Dayan Cohen, pages 191-192.

 


Recent Daily Halachot...
Purim – Being Happy with One's Share
Purim- Are Newly Married Men, A Tzandak, Mohel and Father of Birt Milah Exempt From Fasting On Taanit Esther
Ta’anit Sibur – If a Hatan is in the Synagogue; Reciting Birkat Kohanim at Minha
The Meaning and Halachot of Ta’anit Ester
Purim – Reciting the Berachot Before Reading the Megila
Shabbat Zachor – Reading Precisely, Having a Second Reading for Women
The 7th of Adar
Liability for Damages Caused During the Purim Festivities
Purim- Who Is Exempt From Fasting on Taanit Esther
The Special Month of Adar
The Special Kavana for the Musaf Prayer on Rosh Hodesh Adar
The Special Month of Adar
2 Halachot on Purim: Seudat Purim, and Minha Purim
Purim- Ashkenazic and Sephardic Pronunciation of Parashat Zachor
Purim – Intentions During the Recitation of the Berachot Before the Megila Reading
Page of 168
2515 Halachot found