Thursday, April 04, 2013

How can you buy freshly baked bread after Pesach and still violate the prohibition of חמץ שעבר עליו הפסח?

This happened this year in Bnei Brak, a bakery opened right after Pesach and sold freshly baked bread and Harav Shriel Rosenberg paskened that the buyers violated the issur of חמץ שעבר עליו הפסח.

How can this be? How can you violate the issur of חמץ שעבר עליו הפסח on freshly baked bread after Pesach?

The answer is that the owner of the bakery was in the US for Pesach, and therefore when the bakery baked bread at 10PM the night after Pesach in Israel, it was only 3PM in NY on the 7th day of Pesach. Therefore, the owner of the bakery violated the issur of owning Chametz (since when the bread was baked it was still Pesach for him) and therefore the people who bought the bread violated the issur of חמץ שעבר עליו הפסח.

Source: Kikar Shabbat


SF2K01 said...

Does this work out though? It sounds logical to me, but what's the source that this is how it would function halachically?

Jonathan B. Horen said...

Doesn't matter that the bakery owner was in the US for Pesach: the owner's agent, in Israel, sold the Chametz on the owner's behalf (according to the owner's instructions), prior to the Chag. So, no problem using the Chametz to bake bread Motzei Chag (in IL), and no problem eating that bread.

bluke said...

I don't understand your point. What does this have to do with selling chametz before pesach? This chametz was created on pesach based on the owners location.

Jonathan B. Horen said...

Sorry. I thought you were positing a conundrum; ooops. I was never shy in shiur.