An Animal That Can Eat Only Chametz on Pesach:[1]

In a case where one owns an animal that eats only chametz foods [or eats only the five grains[2]], and there is no practical way to accustom it to eating other foods, such that if it is not fed chametz during Pesach it will refuse to eat and may suffer serious harm or even die, the Poskim discuss what halachic options, if any, are available.

Lending the Animal to a gentile:[3] According to all Poskim, it is forbidden to lend the animal to a gentile for the duration of Pesach so that the gentile will feed it chametz.[4] [This applies even if the gentile will feed the animal Chametz from his own initiative, and from his own stockpile[5], and even if he is not told by the Jew to do so.[6] However, in the event that it is possible that the gentile will be able to feed the animal a non-Chametz feed, and it is hence not certain that the animal will end up eating Chametz on Pesach, then one may lend it to the gentile for the duration of Pesach.[7] Likewise, if one stipulates with the gentile that he is not to feed the animal chametz, the arrangement is permitted even if the gentile ultimately feeds the animal chametz on his own initiative.[8]]

Gifting the animal to a gentile:[9] Likewise, according to all Poskim, gifting the animal to a gentile for Pesach is invalid. Such a “gift” is viewed as insincere and halachically ineffective, as the intent is merely to circumvent the prohibition while retaining ownership in substance.

Selling the Animal to a Gentile:[10] Some Poskim[11] rule that even selling the animal to a gentile before Pesach and repurchasing it after Pesach is invalid.[12] However, other Poskim[13] rule that selling the animal to a gentile for the duration of Pesach is permitted, and this is the practical ruling relied upon in a case of significant need. Nevertheless, several important conditions must be strictly observed:

1. The animal is to be sold to the gentile through a Kinyan that is valid for a gentile.[14]
2. One may not instruct the gentile to feed the animal chametz.[15]
3. One may not sell the Chametz which is provided to the animal to this gentile.[16] Certainly, one may not provide the gentile with chametz free of charge, nor may one give the gentile money to purchase chametz. Rather, the chametz must come entirely from the gentile’s own resources and initiative. [However, some poskim[17] permit one to render the chametz ownerless (hefker) before three people, such that the gentile may subsequently acquire it independently and feed it to the animal.]
4. An alternative solution suggested by the Poskim[18] is for the Jew to sell the chametz to one gentile and sell the animal to a second gentile, and then inform the gentile who owns the animal that the other gentile will be providing chametz to feed it. In this manner, the Jewish owner neither owns the animal nor supplies chametz during Pesach.
5. One may not be present when the animal is fed Chametz by the gentile in order not to benefit from the feeding.[19]

Must the animal actually enter the possession of the gentile?[20] It is not necessary for the animal to be physically brought into the gentile’s home, provided that the animal’s living quarters are also sold to the gentile for the duration of Pesach.[21] Accordingly, chickens may remain in their coop and horses in their stable, so long as both the animals and their respective enclosures are sold to the gentile. In such a case, the gentile comes and feeds the animals on his own, subject to the conditions outlined above. However, in the case of a household pet that does not have a fixed living area and instead moves freely throughout the home, it is not possible to sell a defined area together with the animal.[22] In such circumstances, the animal itself must be sold and physically transferred into the possession of the gentile and brought to his home. Only after Pesach may the animal be repurchased and returned to the Jewish owner’s home.

Summary:

If an animal can eat only chametz (or the five grains) and would otherwise suffer harm, the poskim discuss limited halachic solutions. Lending or gifting the animal to a gentile for Pesach is invalid. In cases of great need, selling the animal to a gentile for Pesach may be permitted, subject to strict conditions.

Conditions for Permitted Sale to a Gentile

1. Valid Sale: The animal must be sold through a kinyan that is halachically valid for a gentile.
2. No Instruction: One may not instruct the gentile—explicitly or implicitly—to feed the animal chametz.
3. No Supplying Chametz: The Jew may not sell, give, or finance the chametz fed to the animal. The chametz must come solely from the gentile’s own resources. Some permit declaring the chametz hefker before three people for the gentile to acquire independently.
4. Alternative Arrangement: One may sell the chametz to one gentile and the animal to another, informing the latter that the former will provide the feed.
5. No Benefit: The Jew may not be present while the gentile feeds the animal chametz.
6. Possession: If the animal has a fixed enclosure (e.g., coop or stable), both the animal and its enclosure must be sold. If it is a house pet with no fixed area, the animal must be physically sold and transferred to the gentile’s possession and returned only after Pesach.

[1] See Admur 450:18 regarding lending to gentile [selling to gentile was omitted by Admur!]; Michaber 448:7; M”B 448:33; Kaf Hachaim 448:109-119; Nitei Gavriel 57:17; Piskeiy Teshuvos 448:43; See Koveitz Birurim Shevivei Eish 22 Os 111 for an article of Rav Shmuel Eliezer Shtern; Mibei Midrasha 1:50-51; 2:28

See regarding an animal that is jointly owned by a Jew and Gentile: Kaf Hachaim 448:112

[2] See M”B ibid that “The custom in our countries is that even if one does not feed actual chametz, but merely wishes to give his animal grain during Pesach, one also sells the animal to a gentile together with the stable, and the gentile feeds it. For if he would not sell it, he would need to give the animal small amounts at a time and stand over it while it eats, in order to remove the remainder so that it not become chametz through moisture, as explained in siman 456, se’if 2” However, from the letter of the law, one may feed the animals grains without water. [Chayeh Adam 124:12; Kaf Hachaim 448:111]

[3] Admur 450:18 “It is forbidden to give one’s animal to a gentile to feed it during the days of Pesach if it is known that the gentile will feed it waste from barley, which is chametz…..However, if it is not certainly known that the gentile will feed it chametz, it is permitted to give the animal to him, and we are not concerned that perhaps he will feed it chametz.”; Michaber 448:7; Shut Maharil 161 (191); Aguda 2:23; Chayeh Adam 124:12; Nishmas Adam Sheiala 7; Kaf Hachaim 448:115-116; Nitei Gavriel 54:16

[4] The reason: This is because it is biblically forbidden to derive benefit from chametz on Pesach, and providing chametz to one’s animal constitutes a prohibited benefit as one receives benefit by fulfilling his desire to satiate the animals hunger. This prohibition applies whether one feeds the animal personally or causes another person to feed it on one’s behalf, since the animal’s consumption of chametz ultimately benefits the Jewish owner. [See Admur ibid “The reason is that the animal’s eating constitutes a benefit to the owner, since through this the animal improves, becomes stronger, and increases in value. Even though had it eaten other foods that are not chametz it would likewise have improved and become stronger, nevertheless, since this improvement and enhancement comes specifically through chametz on Pesach, it is forbidden—even though the chametz belongs to the gentile.”; Admur 443:3; Michaber 448:6 and 7; Taz 443:3; M”A 448:9; Levush 448; M”B 448:29; Kaf Hachaim 448:104; So rules also regarding Basar Bechalav: Taz 94:4; Admur 443:3 and Taz 443:2 regarding Chameitz, that it is forbidden to be given to even wild animals that are not owned; Toras Chatas 85:3; Kneses Hagedola 87:10; Hakdama of Yad Efrayim; Shulchan Gavoa 87:3; Erech Hashulchan 87:7; Chochmas Adam 40:2; Kaf Hachaim 87:4]

[5] Setimas Admur ibid; Chayeh Adam 124:12; Nishmas Adam Sheila 7; Mateh Yehuda; Kaf Hachaim 448:115

Other opinions: Some poskim rule that the prohibition of giving an animal to a gentile to be fed chametz applies only when the Jew pays the gentile for the chametz or otherwise provides it to him. However, if the Jew does not pay the gentile for the chametz at all, and the gentile feeds the animal entirely from his own resources, these poskim permit the arrangement. [Peri Chadash 448; See Admur 450:19] Practically, however, the accepted ruling does not follow this lenient opinion. [Admur 448:18-19; Mateh Yehuda; Chayeh Sadam and Nishmas Adam ibid; Kaf Hachaim ibid]

[6] Admur ibid; Michaber ibid; Chok Yaakov 448:23; Levush 448; Chayeh Adam 124:12;  Nishmas Adam ibid; Kaf Hachaim 448:117

Other opinions: Some poskim rule that the prohibition of giving an animal to a gentile to be fed chametz applies only when the Jew explicitly instructs the gentile to feed the animal chametz, however, if he does not explicitly tell him this then it is permitted, even if it is understood that this is what will occur.  [Implication of Agudah ibid, brought in Chok Yaakov 448:23] However, other poskim reject this approach and rule that even where no explicit instruction is given, if it is understood or intended that the gentile will feed the animal chametz, the prohibition remains in force. Practically, the accepted ruling follows this more stringent opinion. [Admur 448:18; Michaber ibid; Levush ibid; Chok Yaakov ibid; Chayeh Adam 124:12; Kaf HaChaim 448:117; All Poskim ibid]

[7] Admur ibid; M”A 448:10 that by a Safek is Mutar; Maharil ibid; Aguda ibid; Beis Yosef 448; Olas Shabbos 448:4; Elya Raba 448:15; Chok Yosef 448:12; Makor Chaim 16; P”M 448 A”A  10; Kaf HaChaim 448:118

[8] Kaf HaChaim 448:118; Piskeiy Teshuvos 448:43

[9] Setimas Kol Haposkim who make no mention of this option of giving a Matana, and likewise there is no reason for its law to be any different.

[10] See Maharshag 1:14; Sdei Chemed Chametz Umatzah 9:3; Orchos Chaim 448:21; Kaf Hachaim ibid; Piskeiy Teshuvos ibid footnote 279

[11] Tevuas Shur in Bechor Shur Pesachim 2 P. 1141; Birkeiy Yosef 448:7; Makor Chaim 16; Divrei Chaim 1:18; Shaareiy Teshuvah 448:17; Beis Efarim O.C. 33;  See Koveitz Birurim Shevivei Eish 22 Os 11 for an article of Rav Shmuel Eliezer Shtern of how the Mechira can be done so it does not seem like Ha’arama even according to the Tevuas Shur

[12] The reason: Their reasoning is that the sale lacks genuine intent and is merely a legal fiction (ha’arama), rendering it ineffective. According to this view, the situation is halachically equivalent to lending the animal to the gentile, which, as stated above, is forbidden. [Tevuas Shur ibid]

[13] Teshuvas Maharam of Rothenburg Achronim 12; Nishmas Adam Question 8 that so was custom in Vilna; Chasam Sofer O.C. 62 and 113; Binyan Olam 21; Teshuvas Mayim Chaim 8; Olas Shmuel 53; Pischeiy Teshuvah 448; Sdei Chemed Chametz Umatzah 9:3 in name of many Poskim; M”B ibid “If it is impossible to arrange matters in any other way, the custom in our countries is to sell the animal to a gentile in a valid halachic sale, in accordance with the methods of acquisition explained in Yoreh De’ah, siman 307. The animal shall remain with the gentile over Pesach, or one sells him the animal together with the stable, and the gentile feeds it, and the Jew has no involvement with them at all during Pesach—provided that he does not tell the gentile to feed it chametz. All of this applies only when the gentile has food of his own. However, if the gentile has no food, and the Jew sells him, together with his animal, its feed as well, which is chametz, some are stringent in this matter, since it appears as subterfuge (mechzi ke‑ha’arama), and the entire sale seems to have been done solely so that the gentile would feed the animal chametz. Those who write about this advise that in such a case one should sell the animal’s feed to a different gentile, and instruct the broker or agent of the gentile who purchased the animals that he may purchase food from such‑and‑such a gentile. The custom in our countries is that even if one does not feed actual chametz, but merely wishes to give his animal grain during Pesach, one also sells the animal to a gentile together with the stable, and the gentile feeds it. For if he would not sell it, he would need to give the animal small amounts at a time and stand over it while it eats, in order to remove the remainder so that it not become chametz through moisture, as explained in siman 456, se’if 2.”; Shaar Hatziyon 448:80; Kaf Hachaim 448:109; See Shaar Hakolel Seder Mechiras Chametz 11 who includes in the sale contract “all the animals that eat Chametz”; Otzer Minhagei Chabad 11 that the Rebbe Rashab would sell his horses to the gentile before Pesach

[14] Nishmas Adam; Chasam Sofer O.C. 62 and 113; M”B ibid; See Y.D. 320 regarding the selling of a Bechor Beheima, and Seder Mechiras Bihema Mivakeres of Admur in Siddur; See Koveitz Birurim Shevivei Eish 22 Os 11 for an article of Rav Shmuel Eliezer Shtern of how the Mechira must be done so it does not seem like Ha’arama even according to the Tevuas Shur; Piskeiy Teshuvos 448:43

[15] Teshuvas Mayim Chaim 8; M”B ibid in name of Achronim; Kaf Hachaim 448:109; See Agudah ibid; Chok Yaakov 448:23; Chayeh Adam 124:12; Kaf HaChaim 448:117

[16] Yeshuos Yaakov 448:9; M”B ibid that Yeish Machmirim “All of this applies only when the gentile has food of his own. However, if the gentile has no food, and the Jew sells him, together with his animal, its feed as well, which is chametz, some are stringent in this matter, since it appears as subterfuge (mechzi ke‑ha’arama), and the entire sale seems to have been done solely so that the gentile would feed the animal chametz.” ; Kaf Hachaim 448:109 in name of Achronim; Nitei Gavriel 57:17; Mibei Midrasha 2:28

The reason: The reason some poskim prohibit providing the gentile with chametz, or selling the chametz to the gentile who will feed it to the animal, is that since the entire purpose of the arrangement is to ensure that the animal is fed chametz, the transaction appears to be mere subterfuge (ha’arama). When one also sells the animal’s feed together with the animal, it becomes evident that the sale was not undertaken as a genuine transfer of ownership, but solely in order to circumvent the prohibition of benefiting from chametz on Pesach. As such, the sale is viewed as halachically questionable or invalid.

[17] Chasam Sofer O.C. 62; Piscehiy Teshuvah 448; Kaf Hachaim 448:109

[18] Yeshuos Yaakov 448:9; M”B ibid “Those who write about this advise that in such a case one should sell the animal’s feed to a different gentile, and instruct the broker or agent of the gentile who purchased the animals that he may purchase food from such‑and‑such a gentile.” ; Kaf Hachaim 448:109; Piskeiy Teshuvos 448:43; Koveitz Birurim Shevivei Eish 22 Os 111 for an article of Rav Shmuel Eliezer Shtern

[19] Olas Shmuel 53; Kaf Hachaim 448:109; Piskeiy Teshuvos 448:43

[20] See Piskeiy Teshuvos 448:43; Koveitz Birurim Shevivei Eish 22 Os 13 for an article of Rav Shmuel Eliezer Shtern

[21] See M”B ibid that “one also sells the animal to a gentile together with the stable, and the gentile feeds it.”; Chayeh Adam 124:12;   Kaf Hachaim 448:109; Piskeiy Teshuvos 448:43

[22] Piskeiy Teshuvos 448:43