Halocho #539 - Selling Chametz to a non-Jew

Since most of us don't want to start selling Chametz on Erev Pessach, one can go to most local Rabbis and appoint them as a messenger to sell our Chametz.

The Rabbi will make a legal sale of the Chametz including a legal document and a deposit. Realize that this is a bona fide sale, and that the non-Jew is entitled to come to our homes and request we hand over our Chametz, as has occasionally happened.

After Pessach the Rabbi goes to the non-Jew and asks to be paid the remainder of the debt and offers to buy back the Chametz from the non-Jew at a higher price. Since the non-Jew usually prefers to make a quick profit rather than paying for hundreds of items scattered throughout the city, he will sell the Chametz to the Rabbi.

One should only sell Chametz and not the containers it's in - especially not containers that require Tevila, like metal and glass, otherwise one would need to Toivel them in a Mikva after Pessach, since they belonged to a non-Jew during Pessach.

Chametz that has been sold (via the Rabbi) must be locked away so that one doesn't accidentally use it, which would be a double problem: Chametz on Pessach and stealing from the non-Jew.

Even if one has no intention of keeping Chametz in ones home, one should still go to a Rabbi to appoint him to sell ones Chametz. Why?

A lot of products may be Chametz contrary to popular belief - depending on the latest production methods - like medications, creams, soaps or even food which one discovers later wasn't really Kosher for Pessach.

During Pessach one may discover Chametz that one wasn't aware of, or forgot to get rid of in the last-minute pre-Pessach rush.

If one sold all ones Chametz then one didn't own any during Pessach.

Chametz that belonged to a Jew during Pessach may not be used after Pessach. This is a Rabbinical decree; a punishment for owning the Chametz.

Source: Kitzur Shulchan Aruch 114

- Danny
Monday, 7 Nissan 5770

Please daven for a Refua Shelema for 3 years old Tania Mazal Tov bat Naomi

Halocho #357 - Where is your Ketubah?

A husband's obligations to his wife are documented in a contract called a Ketubah.

The Chattan gives a signed and witnessed Ketubah to his Kallah under the Chuppah.

The Ketubah must be in the wife's possession for as long as she remains married.

Anytime the Ketubah gets lost, the couple needs to immediately contact a Rabbi, since they are not allowed to live together without a valid Ketubah.

Source: Kitzur Shulchan Aruch 145:11

- Danny Sunday, 6 Tamuz 5769

Please daven for a complete recovery for Yisrael Meir ben Ruth - ישראל מאיר בן רות

Halocho #335 - Everybody has to do Eruv Tavshilin on Erev Shavu'ot

One may not prepare from Yom Tov to Shabbat unless one does Eruv Tavshilin before Yom Tov. Since the first day of Shavu'oth is on Friday, everybody needs to do Eruv Tavshilin on Thursday. 

 One takes a Challa one is going to use on Shabbat and a cooked food that will be eaten on Shabbat and one says the Bracha:

 בָּרוּךְ אַתָּה ה' אֱלקֵינוּ מֶלֶךְ הָעוֹלָם אֲשֶׁר קִדְּשָׁנו בְּמִצְוֹתָיו וְצִוָּנוּ עַל מִצְוַת עֵרוּב 

 One continues with the following, which must be said in a language one understands:

 בַּהֲדֵין עֵרוּבָא יְהֵא שָׁרֵא לָנָא לַאֲפוּיֵי, וּלְבַשּׁוּלֵי,

 וּלְאַטְמוּנֵי, וּלְאַדְלוּקֵי שְׁרָגָא, וּלִמֶעְבֵּד כָּל צָרְכָּנָא מִיּוֹמָא טָבָא לְשַׁבְּתָא 

 "With this Eruv we are permitted to bake, cook, keep things warm and light fire and do all that is needed from Yom Tov to Shabbat".

 The Challa and food should be kept in a safe place; if they are eaten before Shabbat, a Rabbi should be consulted how to proceed.

 Even those who don't have to cook for Shabbat, still need to do Eruv Tavshilin in order to light Shabbat candles (from an existing flame.)

 Source: Kitzur Shulchan Aruch 102

 - Danny 

 Wednesday, 4 Sivan 5769, 48th day of the Omer

Halocho #156 - What's a Prozbul?

In Halocho #154 we learnt that when Shmita ends, so does the ability to request payment of certain loans.

However, if loans are handed over to a Bet Din (Jewish court of law) to collect, they may be collected even after Shmita.

Hillel Hazaken (the founder of Bet Hillel, 2,000 years ago) institutionalized handing over ones debts to a Bet Din, using a document called a Prozbul. (Prozbul is a Greek word.)

With a Prozbul one may collect debts even after Shmita ends.

A Prozbul is written and signed in the presence of 3 Torah-learning Jews. A Prozbul needs to be written before Shmita ends to be affective.

Money (or items) loaned after the Prozbul is written are not covered by the Prozbul.

Make sure to calenderize a Prozbul-writing session with your local Orthodox Rabbinate sometime before Rosh Hashana. The last time to write a Prozbul (for this Shmita cycle) is on September 29, 2008.

Source: Kitzur Shulchan Aruch 180:15

- Danny Tuesday, 25 Av 5768

Please daven for ESTHER DEVORA bat MINDEL RUTH - אסתר דבורה בת מינדל רות

Halocho #96 - Is burning Chometz wasteful?

Today, 10 Nissan, in the year 2449, the Jews in Egypt selected lambs for their Pessach sacrifice. Forty years later, on 10 Nissan, the prophetess Miriam - sister of Aaron and Moshe - died. A year later on 10 Nissan, the Jews crossed the Jordan river, as recorded in Joshua 3-4.

• The Torah forbids us to waste or destroy items that can still be used.
• The Torah commands us to burn - or otherwise destroy - all Chometz in our possession on Erev Pessach morning.

Can we reconcile these 2 Halochos? The Mitzva to destroy Chometz can be fulfilled with a bare minimum of Chometz; preferably with leftovers that nobody would be able to use. Usable Chometz can be donated to various charity organizations which will distribute it to the needy. Alternately Chometz can be sold to a non-Jew. Since most of us don't want to start selling Chometz on Erev Pessach, one can go to most local Rabbis and appoint them as a messenger to sell ones Chometz. The Rabbi will make a legal sale of the Chometz including a legal document and a deposit. Realize that this a a bona fide sale, and that the non-Jew is entitled to come to your house and request you hand over his Chometz, as has occasionally happened. After Pessach the Rabbi goes to the non-Jew and asks to be paid the remainder of the debt and offers to buy back the Chometz from the non-Jew at a higher price. Since the non-Jew usually prefers to make a quick profit rather than paying for hundreds of items scattered throughout the city, he will sell the Chometz to the Rabbi. One should only sell Chometz and not the containers it's in - especially not containers that require Tevila, like metal and glass, otherwise one would need to Toivel them in a Mikva after Pessach, since they belonged to a non-Jew during Pessach. Chometz that has been sold (via the Rabbi) must be locked away so that one doesn't accidentally use it, which would be a double problem: Chometz on Pessach and stealing from the non-Jew. Even if one has no intention of keeping Chometz in ones home, one should still go to a Rabbi to appoint him to sell ones Chometz. Why?

• A lot of products may be Chometz contrary to popular belief- depending on the latest production methods - like medications, creams, soaps or even food which one discovers later wasn't really Kosher for Pessach.
• During Pessach one may discover Chometz that one wasn't aware of, or forgot to get rid of in the last-minute pre-Pessach rush.

If one sold all ones Chometz then one didn't own any during Pessach. Chometz that belonged to a Jew during Pessach may not be used after Pessach. This is a Rabbinical decree; a punishment for owning the Chometz. Source: Kitzur Shulchan Aruch 114 - Danny 10 Nissan 5768

Halocho #55 - What comes after Orlo?

Orlo is the Torah prohibition of eating fruit from tress less than 3 years old. In the 4th year the fruit is called "Neta Revo'i" and needs to be "redeemed" by transferring its status onto a coin.

The coin needs to be worth at least a "peruta" (0.025 grams of pure silver; currently less than 2 US pennies.)

One says "I am redeeming the Neta Revo'i into this coin".

The coin is then destroyed and disposed of. Instead of a coin one can use fruit worth 2 pennies, which then needs to be destroyed.

After redeeming them, the "Neta Revo'i" (4th year fruit) can be eaten, anywhere by anybody.

When in doubt if the tree is less than 4 years old:

• In Israel the fruit is forbidden. (This is one of the many reasons that fruit needs Rabbinic Supervision in Israel)
• Outside of Israel the fruit is allowed, as long as you don’t pick it yourself. This is the way Moshe was given the Halocho at Har Sinai.

Sources: Kitzur SA 173:2, Mishna Orlo, 3:9

סעיף ב בשנה הרביעית נקראו הפירות, "נטע רבעי" וצריכין פדיון. כיצד פודה אותן, תולשן לאחר שנגמרו כל צרכן, ונוטל מטבע כסף או פירות של היתר שוות פרוטה, ואומר: בזה אני פודה פירות נטעי רבעי. ונוטל המטבע או הפירות ושוחקן וזורקן בנהר, ואין מברכין בחוץ לארץ על הפדיון.