Chapter 18: Chametz after Pesach

1. May one eat Chametz after Pesach prior to the conclusion of the return sale of Mechiras Chametz:

One may begin eating Chametz immediately after the conclusion of Pesach, even though it is prior to the return sale of the Chametz taking place with the gentile. See Chapter 5 Halacha 7 for the full details on this matter!

2. Eating and benefiting from Chametz after Pesach:

A. Chametz that was owned by a Jew during Pesach:[1]

Complete[2] Chametz that was owned by a Jew[3] over Pesach, or that a Jew had liability over during Pesach[4], is forbidden in benefit for all Jews after Pesach.[5] This applies whether it was owned throughout the entire Pesach, or was only owned through part of Pesach [such as he acquired it from a gentile on Pesach], and applies even if it was only owned for the last part of the last day of Pesach in the Diaspora.[6] This applies even if the owner of the Chametz was not at fault for owning it, being that he was not able to destroy it, or did not know at all that this Chametz was in existence until after Pesach, nevertheless the Chametz is forbidden in benefit [for all].[7] [Thus, any Jew who did not perform Mechiras Chametz, all Chametz that was in his possession anytime during Pesach is forbidden in benefit for all Jews even after Pesach.]

What to do with the Chametz-Burn:[8] Any Chametz that was owned by a Jew over Pesach is required to be destroyed from the world without a blessing[9] in the same manner of destruction that is required before Pesach [i.e. burning, flushing down toilet, crumbling and throwing into wind, etc], as explained in Chapter 2 Halacha 6.[10]

Bedikas Chametz if did not check before Pesach: One who transgressed, or forgot, and did not check his home, or a certain area of his home, for Chametz, and it is now after Pesach, then [if he did not sell his Chametz to a gentile before Pesach] he needs to search for the Chametz after Pesach [as soon as he remembers]. The search is to be performed after Pesach without a blessing. Any Chametz that is found is to be destroyed from the world without a blessing in the same manner of destruction that is required before Pesach [i.e. burning, flushing down toilet, crumbling and throwing into wind, etc], as explained in Chapter 2 Halacha 6. [Accordingly, a Jew who becomes observant/Baal Teshuvah after Pesach, is to be instructed to search his home for any Chametz that was owned from before the previous Pesach, and have it destroyed.] See Chapter 4 Halacha 4D for the full details of this subject!

Chametz of a non-frum Jew and Heretic:[11] Chametz that was owned by a Jewish apostate is forbidden in benefit after Pesach.[12]

Chametz had joint ownership of Jew and Gentile:[13] Chametz that was jointly owned by a Jew and gentile is forbidden in benefit until the Chametz is split up between the partners. Once it is split after Pesach, the portion of the gentile is permitted to be eaten, while the portion of the Jew is forbidden even in benefit.

Chametz of a gentile that was bought from a Jew:[14] Chametz that was owned by a Jew during Pesach remains prohibited in benefit even if a gentile acquired the Chametz from him. Thus, if one buys such Chametz from a gentile it must be destroyed.

Feeding the Chametz to animals after Pesach?[15] Any Chametz that is forbidden in benefit due to being owned by a Jew during Pesach is prohibited to be fed to any animal, whether the animal is owned by oneself or by another Jew or by a gentile, or is wild and ownerless.

Taaruvos Chametz:[16] Taaruvos Chametz [foods which contained Chametz ingredients] is forbidden to be benefited from after Pesach if it was owned over Pesach. However, if one redeems the contents Chametz value, then the food is permitted in benefit. This is done by assessing the worth of the Chametz ingredient [i.e. 10 cents] and throwing the money in an area that it will be lost from mankind. Nevertheless, even after redeeming the Chametz, the Chametz remains forbidden to be eaten, being that the taste of the Chametz is still found in the food.

Chametz Nuksha:[17] Chametz Nuksha that was owned by a Jew during Pesach is permitted in benefit after Pesach, although is forbidden to be eaten.[18]

B. Chametz that was sold to a gentile [i.e. Mechiras Chametz]:[19]

All Chametz that was owned by a gentile over Pesach is permitted to be eaten and benefited from after Pesach.[20] [Thus, anyone who did Mechiras Chametz before Pesach may eat and benefit without restriction from any Chametz that belonged to them before Pesach and was included in the sale. Nevertheless, some are stringent to negate completely any reliance on the sale, even by a Chametz business, and hence do not eat any Chametz after Pesach, unless it was produced afterwards.[21] Thus, they are particular to only purchase products that were ground into flour after Pesach. Most of Jewry, however, uses this sale literally, to allow their Chametz to remain in their homes over Pesach, begin covered under the sale to the gentile.[22]] See Chapter 5 Halacha 1 for the full details of this matter!

If the sale was invalid:[23] If for whatever reason the sale to the gentile was invalid, or one’s Chametz was not included in the sale, then the Chametz retains its Jewish ownership over Pesach, and the Jew transgressed the Biblical prohibition against owning Chametz.[24] Accordingly, such Chametz is forbidden in benefit for all Jews after Pesach, as explained in A. If, however, the sale was only invalid according to some opinions, the Chametz remains permitted.[25]

Found Chametz after Pesach in house

1. Question:

I found Chametz candy bar in my pocketbook after Pesach? May I eat it or do I have to throw it out?

Answer:              

If you performed a sale of your Chametz through a Rav [i.e. Mechiras Chametz] in a correct time zone, then it is considered to have been sold to the Gentile and you may therefore eat it. This applies even if you were not aware of its existence at the time of the sale, and did not specifically write down its location in the document you signed by the rabbi.

If you did not perform Mechiras Chametz, then it must be destroyed either through burning, or flushing down the toilet, as is the rule of all Chametz that was owned over Pesach.

Explanation: The rule is that Chametz that was owned by a Jew over Pesach is forbidden in benefit for all Jews after Pesach. Thus, any Jew who did not perform Mechiras Chametz, all Chametz that was in his possession anytime during Pesach is forbidden in benefit for all Jews even after Pesach. Such Chametz must be destroyed from the world without a blessing just as is the law regarding Chametz before Pesach, in order someone does not come to accidentally eating or benefit from it.

However, all Chametz that was owned by a gentile over Pesach is permitted to be eaten and benefited from after Pesach. Thus, anyone who did Mechiras Chametz before Pesach may eat and benefit without restriction from any Chametz that belonged to them before Pesach and was included in the sale.

Now, the question is raised as to what Chametz is included within the sale and is even Chametz that one was not aware of included in the sale? So, the common sale contracts that are given to the gentile include the following clause: Included in the sale is all pieces of Chametz, which do not have any sales worth, and are not purchasable, they belong to the gentile. Likewise, the Poskim rule that even if one does not mention all the areas that contain the Chametz, the sale is remains valid. Accordingly, all Chametz that one owns is included in the standard sale contract used today. This applies to all forms of Chametz, whether it is big or small, expensive [i.e. bottle of whisky], or worthless [i.e. a cracker or pretzel], known or unknown, it is all included in the sale.

Sources: See regarding the prohibition against benefiting from Chametz after Pesach if was owned by a Jew over Pesach: Admur 448:1-2; Michaber 448:3; Mishneh Pesachim 28a; See regarding that such Chametz should be destroyed: Admur 435:4; Rambam 3:5; See regarding Chametz in areas that one did not mention in the Shetar Harsha: Tzemach Tzedek 46 writes that even if the gentile was not made aware of the areas that contain the Chametz, it is nevertheless valid, as anyways the gentile knows that all the rooms which contain Chametz within them are rented to him, and there is thus no greater sign for him then that, Brought in Shaar Hakolel Seder Mechira 12; Piskeiy Teshuvos 448:29; See regarding that the sale to the gentile includes all Chametz: Shevet Halevi 9:116; Mikraeiy Kodesh 1:74; Teshuvos Vehanhagos 2:211; Piskeiy Teshuvos ibid; Nitei Gavriel 3:4; footnote 22

C. Chametz that was disowned by a Jew before Pesach and was found after Pesach:[26]

It is forbidden for all Jews to benefit from Chametz after Pesach if the Chametz had belonged to a Jew before Pesach and never transferred ownership to a gentile, even though it was never actually owned, and transgressed, by a Jew over Pesach. Thus, even if one had performed Bedikas Chametz and had nullified his Chametz before Pesach, any Chametz found in his home [that escaped his Bedika] remains forbidden in benefit for all Jews [if he did not perform Mechiras Chametz], as will be explained in E.[27] Furthermore, even Chametz that was discarded by a Jew before the 6th hour of Erev Pesach into a public for all area, which is even initially permitted to be done in order to avoid the prohibition of Baal Yiraeh and Baal Yimatzeh[28], remains forbidden in benefit for all Jews after Pesach [if the Chametz is still there].[29] [This applies even in areas that it is accustomed for everyone to perform Mechiras Chametz.[30]]

D. Chametz that is questionable if it was owned by a Jew:[31]

Any Chametz that is Halachically questionable if it is forbidden after Pesach, such as it is questionable if it was owned by a Jew, or if it was disowned by a Jew before Pesach, is permitted in benefit, although is disputed amongst the Poskim as to whether it may be eaten. Some Poskim[32] rule the Chametz is permitted even to be eaten.[33] However, other Poskim[34] rule that any Chametz in which there is question as to whether it was owned by a Jew during Pesach or disowned by a Jew before Pesach[35], is forbidden to be eaten, although is permitted in benefit. Practically, one is to be stringent like the latter opinion not to eat the Chametz, unless it’s a case of great loss [and the Chametz cannot be sold]. According to all, one may benefit from the Chametz.

Chametz found in public area after Pesach: All Chametz that is found in an area which has a majority gentile population and passersby, can be assumed to have been owned by a gentile and is permitted to be eaten and benefited from after Pesach.[36] If, however, it was found in an area with a majority Jewish population or passersby, then the Chametz is forbidden in benefit if it was found immediately after Pesach.[37] If, however, it was found some time after Pesach, or the area contains an equal Jewish and gentile population, then the status of the Chametz is subject to the above-mentioned dispute, and the final ruling is that the Chametz is not to be eaten, although may be benefited from.

E. Chametz found in one’s home after Pesach [and he did not do Mechiras Chametz]:

Found Chametz immediately after Pesach:[38] In the event that [one did not sell his Chametz to a gentile over Pesach and he] found Chametz in his home immediately after Pesach, and it is certain to have been owned over Pesach, then the Chametz is prohibited in benefit. This applies even if one properly searched his home for Chametz on the night of the 14th as the Sages instituted, and [afterwards] nullified all the Chametz that remained in his possession that he did not find in his Bedika, nevertheless it remains forbidden in benefit.[39] This applies even if he has witnesses that he nullified all his Chametz or made it legally ownerless by saying that it is actually Hefker, before Pesach.

Found Chametz sometime after Pesach:[40] If the Chametz was only found some time after the conclusion of Pesach, with enough time for the Chametz to have fallen there after Pesach, then it is disputed as to whether one may benefit from this questionable Chametz, as explained in D.[41] Practically, one is to be stringent not to eat the Chametz, unless it’s a case of great loss [and the Chametz cannot be sold]. One may however benefit [i.e. sell] the Chametz according to all opinions.[42]

F. Buying Chametz from a store after Pesach:

When buying Chametz from a Jewish owned store one must verify that they have performed Mechiras Chametz before Pesach.[43] The above requirement however only applies when buying Chametz that was manufactured before Pesach, however Chametz that was manufactured after Pesach may be purchased from any store. [This can be verified through looking for the manufacture date that is on the product.]

Jewish store that did not sell their Chametz: If one does not know when the Chametz was manufactured, and it is possible that it was manufactured before Pesach, then if the store did not perform Mechiras Chametz, it is disputed as to whether one may eat this questionable Chametz, as explained in D.[44] Practically, one is to be stringent not to eat the Chametz, unless it’s a case of great loss. One may however benefit [i.e. sell] the Chametz according to all opinions.[45]

A gentile owned store: It is permitted to purchase any Chametz from a gentile owned store, anytime after Pesach.[46]

G. Benefiting from money received from selling Chametz that was owned over Pesach?[52]

It is Rabbinically forbidden for the seller to benefit from the money received in exchange for selling Chametz that was owned over Pesach, if one received the money prior to giving the Chametz to the gentile, unless it is a case of great loss.[53] This applies even if the person selling the Chametz is not the owner of the Chametz.[54] However, if one received the money only after the gentile took the Chametz, the money remains permitted in benefit even for the seller.[55] The above only applies to the seller, however, for all other people, the money remains permitted in benefit, in all cases.[56] This applies even to the original owner of the Chametz in a case that someone else sold it on his behalf.[57]

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[1] Admur 448:1; Michaber 448:3; Mishneh Pesachim 28a

[2] Literally “complete grain”

[3] Chametz of a child:  It is questionable whether Chametz that was owned by a Jewish child over Pesach is forbidden in benefit. [See Piskeiy Teshuvos 448:3]

[4] Admur 440:17; See chapter 2 Halacha 5C!

^[5] The reason it is forbidden for all Jews: As the sages fined the owner of the Chametz due to the fact that he transgressed Baal Yiraeh and Baal Yimatzeh, and the sages did not want to differentiate in their decree between the owner and others and thus forbade it for everyone. [Admur ibid; M”A 448:3; Rava Pesachim 29a]

[6] Admur ibid; M”A 448:1; Chok Yaakov 448:7; Tur; Baal Haittur 2:126

Conservative Rabbi: Thus, if a conservative/reform Rabbi sold Chametz for his congregation, then even if he did all the sale laws properly the Chametz is forbidden on Pesach if he buys it back on the last day of Pesach in the Diaspora.

^[7] Admur ibid; Michaber ibid; Rambam 1:4

The reason: They forbade it in benefit even in such a case in order to prevent people from leaving over their Chametz until after Pesach and then claiming that they were unable to destroy it. [Admur ibid]

[8] Admur 435:4 “destroy” and in parentheses “from the world completely as explained in 445”; Rambam 3:5

[9] The reason: The reason for this is because how can one bless G-d for commanding him to destroy Chametz if he is now eating Chametz. Although one is Rabbinically commanded and obligated to destroy this Chametz that was owned over Pesach this is only in order to prevent him from coming to stumble upon a transgression of eating the Chametz. Meaning, one does not transgress on this Chametz any owning prohibition of Baal Yiraeh, not even a Rabbinical prohibition. Thus, one does not say a blessing on this destruction of the Chametz, just like no blessing is said when one kills birds which have been trampled [and are treifas] even though they are forbidden to be owned because one may come to eat them, as explained in Yorah Deah chapter 57. [Admur ibid]

[10] The reason: It must be destroyed in order so one does not come to accidentally eat or benefit from it. However, one does not transgress Bal Yireah on owning such Chametz after Pesach, even Rabbinically. [Admur ibid]

^[11] Admur 448:26

Other opinions: Some Poskim rule that the Chametz is permitted after Pesach. [See opinions in Piskeiy Teshuvah 447:9]

[12] The reason: As even though he has sinned, nevertheless, he still remains a Jew, and thus [by him owning the Chametz] the Chametz becomes prohibited in benefit after Pesach, just like any Chametz that is owned by a Jew on Pesach. [Admur ibid]

^[13] Admur 448:27

^[14] Admur 443:13

^[15] Admur 448:31

[16] Admur 442:3 and 6

^[17] Admur 442:20

[18] The reason: Since he did not transgress a Biblical prohibition by owning it, the sages therefore did not fine him against benefiting from it. However, it may not be eaten being that it still has a “Shem Chametz Sheavar alav Hapesach.” [Admur ibid]

^[19] Admur 448:2

[20] The Chametz of a gentile is permitted after Pesach as the gentile did not transgress any prohibition by owning it on Pesach, and thus the sages did not prohibit it.

[21] Maaseh Rav that so was custom of Gr”a; Igros Sofrim 48 in name of Rav Akiva Eiger; Orchos Rabbeinu Pesach 19 in name of Chazon Ish and Steipler; Kinyan Torah 7:49; Teshuvos Vehanhagos 1:309; See Piskeiy Teshuvos 448:10

[22] Piskeiy Teshuvos ibid; The Chabad custom is to rely on the sale to sell actual Chametz, and so was practiced by some Gedolei Yisrael, who sold their beer, and would drink it for Havdalah on Motzei Pesach. [See Admur 296:10; Rama 296:2; Mishneh Sachir 118; Otzer Minhagei Chabad Acharon Shel Pesach 31] The Tzemach Tzedek in his old age was accustomed to sell bread for him to eat when Pesach is over. [Otzer Minhagei Chabad p. 80] In the Shtar Mechira of the Rebbe Rashab, actual Chametz was sold.

[23] Admur ibid in Seder Mechira, seemingly retracting from his ruling in 434:15 and 448:8

Opinion of Admur in Shulchan Aruch: In 448:8 Admur rules that so long as one showed intent to sell the Chametz, he no longer transgresses owning it, even if the sale was Halachically invalid for some reason. In his words “Once the Jew has shown before the 6^th hour that he has no intention on having anything to do with the Chametz, then regarding the prohibition of owning Chametz, the Chametz is no longer considered to be his, even though that regarding sale laws, the Chametz has not legally yet been acquired by the gentile, and the Jew may thus go back on the sale. The reason for why showing that one does not want the Chametz suffices to prevent transgressing the prohibition of Baal Yiraeh and Baal Yimatzeh, is because once the 6th hour arrives, since the Chametz is now prohibited in benefit, it automatically becomes ownerless, [as something prohibited in benefit is not considered to have an owner, and thus from a legal standpoint, there is no Jew that owns Chametz once the 6th hour has arrived being that it then becomes prohibited in benefit]. Nevertheless, the Torah decided that any Jew which did not remove the Chametz from his possession before the 6th hour, and did not destroy it after the 6th hour, the Chametz is considered to be his, under his name, in order for him to transgress the prohibition of Baal Yiraeh and Baal Yimatzeh. For this reason if one did an action before the 6th hour showing that he does not want the ownership of this Chametz, then it suffices to remove from himself the prohibition of baal yiraeh and baal yimatzeh when the 6th hour arrives, as through him showing that he does not want to own it he acquires the Chametz to the gentile, even though that from a legal aspect it’s not a completely valid transaction, as explained above.” This idea is repeated also in Admur 434:15 regarding appointing an emissary to nullify the Chametz on one’s behalf “The Chametz that one transgresses Baal Yiraeh and Baal Yimatzeh, is anyways not considered his at all, and one thus only transgresses Baal Yiraeh and Baal Yimatzeh [when he has not disowned it] because the Torah considered the Chametz like it is his, in order for him to be associated with it so he transgress the above prohibition. Therefore, even a mere revelation of one’s opinion, that he reveals even through a messenger that he has no desire at all for the Chametz, suffices to remove himself from having his name associated with it, and he will thus not transgress anything.” So also rules Tzemach Tzedek in Piskeiy Dinim 32; Chok Yaakov 448:13; M”B 448:9; Kaf Hachaim 448:95

[24] The reason: As all Chametz that one plans to sell to the gentile is not included in the Bittul recited on Erev Pesach, and is hence Biblically required to be sold. As since one plans to take back the Chametz after Pesach, the nullification is invalid. [Admur ibid; See Admur 445:2; 436:18-19 and 433:34 regarding Chametz which is placed in a public area, had a mound fall on it, or if a person traveled away from his home, in a way that he is not obligated to remove the Chametz, that nevertheless, if at the time that he placed it in a public area, traveled, or that the Mapoles fell, he had in mind to take back the Chametz after Pesach, then it’s as if the Chametz was never destroyed.] Furthermore, how can Chametz which one plans to sell be included in the Bittul, as how can he disown something that he plans to sell afterwards.

Other Opinions: Some Poskim rule that all Chametz is included in the Bittul, including Chametz that one plans to sell. According to them the sale of Chametz is only Rabbinically required, and is only Rabbinically valid, as it has the status of Harama. [Bechor Shur Pesachim 21a; Toras Hashlamim 6; See Tzemach Tzedek O.C. 48; Likkutei Sichos 16:129; printed in Shulchan Menachem 2:273] According to this opinion, one who does not nullify his Chametz, may not rely on the sale. On the other hand, according to this opinion, one who nullifies his Chametz, may be lenient regarding various matters of the legality of the sale, being it is only Rabbinical. Admur ibid negates their opinion and says the sale is Biblically required, and hence must be valid according to all.

[25] Admur 448:8; Vetzaruch Iyun if this applies even according to the ruling of Admur in Seder Mechira

The reason: If only a disputed form of acquisition was done, and Pesach has already begun, then it is permitted for the Chametz to be eaten after Pesach, and one is not required on Pesach to get the Chametz back from the gentile in order to destroy it, as there is an opinion who holds that only one method of acquisition needs to be done for the gentile to acquire it, either giving the money, or carrying it, and thus since the fine of after Pesach is only Rabbinical, one may be lenient like their opinion, as is always the case by a dispute over a Rabbinical prohibition. [Admur ibid]

[26] Admur 448:29

[27] Admur ibid; 437:18 regarding Mapoles; Michaber 448:5 regarding Bittul; Tur in name of Yerushalmi and Rosh; Maharam Chalvah; Peri Chadash 448:5; Elya Raba; P”M 448 A”A 8; Noda Beyehuda; Chasam Sofer; Makor Chaim; See M”B 448:25 Shaar Hatziyon 448:68

Other opinions: Some Poskim rule that if one did Bedika and Bittul to his Chametz before Pesach, then it is permitted in benefit after Pesach even for the person himself. [Opinion brought in Admur that is quoted in Sheiris Yehuda O.C. 14; Chok Yaakov; Mateh Yehuda; Magen Haelef; Rashbatz 199; See M”B ibid and Shaar Hatziyon 448:69]

Chametz found under a Mapoles/mound: Chametz which had a mound of three tefach fall on it before Pesach, and was nullified before the 6th hour as is required, then if after Pesach the mound was removed and the Chametz revealed, then the Chametz is permitted to be eaten. The reason for this is because Chametz which was owned over Pesach is only forbidden due to a fine which the sages fined him for transgressing a Biblical or Rabbinical Baal Yiraeh and Baal Yimatzeh. Thus, since this Chametz that was under the mound one did not transgress anything by owning it, therefore the fine does not apply. However, if at the time that the mound fell one had in mind to remove the mound after Pesach and reacquire the Chametz that was under it, then the Chametz is forbidden in benefit, as explained in chapter 437:18. [Admur 433:34]

[28] As explained in 445:1

[29] Admur 448:29-30; Kuntrus Acharon 436:6; See lengthy discussion of Admur on this matter brought in Sheiris Yehuda O.C. 14; M”A 448:8 “The same applies to one who disowned his Chametz”; Peri Chadash 448:5; P”M 448 A”A 8

The reason: Seemingly this is forbidden being that we suspect that he will throw it away with intention to retrieve after Pesach, which invalidates the disowning.

Other opinions: Some Poskim rule that if one disowned his Chametz in a public for all area before Pesach it is permitted in benefit after Pesach even for the person himself. [Opinion brought by Admur, quoted in Sheiris Yehuda O.C. 14; Olas Tamid 447:11 in name of Rikanti 157, brought in P”M ibid]

[30] As Chametz that was discarded before Pesach was disowned and cannot possibly be included in the sale to the gentile.

^[31] Admur 448:30         

[32] 1^st opinion in Admur ibid; Taz 449:1; Chok Yaakov 449:1

[33] The reason: As by every Rabbinical prohibition, when there is doubt we are lenient. [Admur ibid]

[34] 2^nd opinion in Admur ibid; M”A 449:2; Bach 449

[35] So is evident from M”A ibid and Bach ibid based on Eiruvin 64b as explained in Machatzis Hashekel, and so is implied from Admur ibid as even Chametz that was disowned before Pesach he defines as “Sheavar Alav Hapesach”

[36] Admur 448:30; Eiruvin 64b; See M”A and Machatzis Hashekel ibid; Upashut that this case is not considered a Safek at all, and the continuation of Admur regarding Safek and the dissenting opinion is only going in a case of majority Jewish, or equal Jewish population. Vetzaruch Iyun today that all products are kept in their wrapping, perhaps we would assume a Kosher product was bought and discarded by a Jew even in a majority gentile area. Vetzaruch Iyun!

[37] The reason: As in such a case we can assume that a Jew threw it out before Pesach. [Admur ibid]

[38] Admur ibid; Michaber 448:5 regarding Bittul; Tur in name of Yerushalmi and Rosh; Maharam Chalvah; Peri Chadash 448:5; Elya Raba; P”M 448 A”A 8; Noda Beyehuda; Chasam Sofer; Makor Chaim; See M”B 448:25 Shaar Hatziyon 448:68

Other opinions: Some Poskim rule that if one did Bedika and Bittul to his Chametz before Pesach, then it is permitted in benefit after Pesach even for the person himself. [Opinion brought in Admur that is quoted in Sheiris Yehuda O.C. 14; Chok Yaakov; Mateh Yehuda; Magen Haelef; Rashbatz 199; See M”B ibid and Shaar Hatziyon 448:69]

^[39] The reason: When a Jew does Bedikas Chametz before Pesach as the sages enacted and then does Bittul to any Chametz that he did not find, then even if after Pesach he finds Chametz in his home, he has not transgressed even a Rabbinical prohibition of Baal Yiraeh and Baal Yimatzeh on this Chametz that is found in his possession after Pesach. Nevertheless, if the Chametz is found immediately after Pesach then the Chametz is prohibited [even in] benefit, even if he has witnesses that he nullified all his Chametz or made it legally ownerless by saying that it is actually Hefker, before Pesach. The reason for this is because if we allow one to benefit from such Chametz then there is suspicion that every person will intentionally not destroy his Chametz and then after Pesach will claim that he made it hefker before Pesach in order that he be allowed to benefit from it. [Admur ibid]

[40] Admur 448:30

[41] Some Poskim rule that the above prohibition on the Chametz only applies by Chametz found immediately after Pesach, being that it was definitely around by Pesach. However, if it was found after Pesach with enough time for the Chametz to have fallen there after Pesach, and thus we do not even know for certain that it was around on Pesach, then one may be lenient and even permit the Chametz to be eaten, as by every Rabbinical prohibition, when there is doubt we are allowed to be lenient. However, other opinions rule that any Chametz which has even mere doubt as to if it was around on Pesach is forbidden. [Admur ibid]

[42] Admur ibid

[43] If they have a certification attesting to the sale, then one may purchase all Chametz in the store, and is not required to suspect that perhaps the store bought the Chametz after Pesach from another Jew who owned it over Pesach, the same way we do not suspect that perhaps the Chametz found in a majority gentile area was owned by a Jew. However, some are stringent in this matter.

[44] Admur 448:30; This dispute applies even if one knows for certain that the Chametz was manufactured before Pesach, as perhaps the Jew bought it from the company after Pesach.

[45] Admur ibid

[46] One is not required to suspect that perhaps the store bought the Chametz after Pesach from another Jew who owned it over Pesach, the same way we do not suspect that perhaps the Chametz found in a majority gentile area was owned by a Jew.

[47] See Chapter 5 Halacha 1!

[48] A note on food labels: According to the FDA regulations it is possible to include Chametz as an ingredient without the consumer knowing of this. This can be done either due to the ability to list certain ingredients as a general term, such as “natural flavors”, or if the Chametz is a trace ingredient, which means a sub ingredient of the food that is “present at an incidental level and has no functional or technical effect in the finished product”. Thus, it is possible for foods to contain actual Chametz and not be listed. The ratio of this Chametz is not regulated by the FDA and hence there may even be more than 1.66% of Chametz [not nullified in 60%] within the product. Furthermore, regarding Chametz we rule that if it was purposely placed in the food as a normal ingredient it is never nullified even in a 1000x, even if done before Pesach. [442:6] Hence all standard Chametz ingredients placed in a food would make the food forbidden to be eaten after Pesach if owned by a Jew, irrelevant of the ratio of the Chametz. [See 442:6. Now although there it says that one can redeem the Chametz value of the food, nevertheless in 442:3 it is explained that this only helps to allow benefiting from the food [such as selling it] however the food itself remains forbidden to be eaten. Vetzaruch Iyun in a case that there is 60x the Chametz in the food, if redeeming the Chametz permits the food to even be eaten. See 442:6] Thus in conclusion, it does not suffice to simply rely on food labels and one must also not have suspicion that it contains Chametz.

[49] As there is no reason to suspect that it contains Chametz.

[50] As even by definite Chametz that was questionably owned before Pesach there are opinions who rule one may eat it, and hence perhaps if there is doubt as to if there is even Chametz in the ingredient one can be lenient, and so writes Nitei Gavriel 60:11 based on Admur 467:8. However Tzaruch Iyun, as in 467:8 Admur permits the Chametz after Pesach only due to a Sfek Sfeka, and in this case there is only one Safek, whether it contains Chametz or not, and hence perhaps in this case one would need to be stringent, just as one is required to be stringent in the dispute of definite Chametz that was questionably owned over Pesach. [Whether or not there is 60x versus the Chametz is not considered another Safek, as when Chametz is placed as a common ingredient of that food it is never nullified even in 100x, even if done before Pesach. See 442:6]

Redeeming the possible Chametz: Redeeming the value of the possible Chametz does not help to allow it to be eaten, as this matter only suffices to permit benefit such as sales and not the benefit of eating. [See 442:3] Vetzaruch Iyun in a case that there is 60x the Chametz in the food, if redeeming the Chametz permits the food to even be eaten. See 442:6

[51] Vetzaruch Iyun if one can rely on the statement of the Jew as to when he purchased the Chametz.

[52] Admur 443:9-12

Background: Some Poskim rule that the money received is Rabbinically forbidden in benefit for the person who sells or switches the prohibited item, as if it were to be permitted then he is making money from the prohibition. Other Poskim however rule that there is no such Rabbinical prohibition, and it is thus permitted in benefit for everyone, even the seller. Practically, the seller should only be allowed to rely on this latter opinion in a case of great loss. [Admur 443:12]

[53] The reason there is no Biblical prohibition: Biblically, it is only with regards to idolatry that we hold that the money received in exchange for the sale is forbidden in benefit. This is learned from the words “Vehayisa Cherem Kamohu“, while from the words “Ki Cherem Hu“ we learn to exclude all other prohibitions, like Arlah and Kileiy Hakerem and Chametz and meat and milk, that by them if they are switched or sold, the item/money received is permitted in benefit. [Admur 443:9]

^[54] Admur 443:11

[55] Admur 443:12

The reason: According to all, if at the sale the Chametz was first taken by the gentile and only afterwards the money was given, then the money may be used even by the seller, as when the gentile took the Chametz he automatically acquired it [as it is prohibited in benefit, and thus is Hefker], and thus the money given is like a present and it’s not considered to be the sales money for the Chametz. [Admur ibid]

^[56] Admur 443:10

^[57] Admur 443:11