Chametz of a Non-Jew: Difference between revisions
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# It is forbidden to smell chametz of a non-Jew or Jew on Pesach to derive pleasure.<ref>The Biur Halacha 443:1 s.v. afilu writes that smelling a non-Jew's chametz on Pesach is a discussion of the achronim. Some say it is forbidden since even chametz of a non-Jew is forbidden from benefit, while others say that there's no prohibition of smelling something that is forbidden from benefit unless it is designated for smelling (Rashba 3:234, S"A YD 108:6). However, the Biur Halacha points out that whether bread is considered designated for smell is a dispute of the rishonim (Rama OC 216:14). Biur Halacha concludes that it is forbidden for two other reasons: some say that smelling something forbidden from benefit like eating it if it is forbidden in any amount like chametz. Also, there's a concern that one will come to eat it. Ben Ish Chai Tzav 39 concludes that it is forbidden to smell chametz on Pesach.</ref> | # It is forbidden to smell chametz of a non-Jew or Jew on Pesach to derive pleasure.<ref>The Biur Halacha 443:1 s.v. afilu writes that smelling a non-Jew's chametz on Pesach is a discussion of the achronim. Some say it is forbidden since even chametz of a non-Jew is forbidden from benefit, while others say that there's no prohibition of smelling something that is forbidden from benefit unless it is designated for smelling (Rashba 3:234, S"A YD 108:6). However, the Biur Halacha points out that whether bread is considered designated for smell is a dispute of the rishonim (Rama OC 216:14). Biur Halacha concludes that it is forbidden for two other reasons: some say that smelling something forbidden from benefit like eating it if it is forbidden in any amount like chametz. Also, there's a concern that one will come to eat it. Ben Ish Chai Tzav 39 concludes that it is forbidden to smell chametz on Pesach.</ref> | ||
# One shouldn’t go out of one’s way to derive pleasure by smelling Chametz but if one is minding his own business one doesn’t have to leave the area where there is a smell of Chametz. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 76:30 and 78:30.</ref> If someone is in the street and there's a chametz restaurant he doesn't need to go around not to smell the chametz food.<ref> Siddur Pesach Kehilchato v. 1 10:11 writes that there's no prohibition to smell chametz in a non-Jewish restaurant on Pesach if one isn't trying to get benefit. He explains that even if there's another path that would avoid it, it is permitted based on the principle of efsher vlo kmechaven (Pesachim 25b, see Bet Yosef YD 142:9 citing Ran A"Z 21a, Shach YD 142:34). Rav Shlomo Zalman in Halichot Shlomo 4:12 holds that one can't actively do an action to smell chametz on Pesach. See the footnote where he explains that the Rosh Pesachim 2:2 holds that if one is walking in a place where there is definitely a forbidden smell one should hold one's nose closed.</ref> | # One shouldn’t go out of one’s way to derive pleasure by smelling Chametz but if one is minding his own business one doesn’t have to leave the area where there is a smell of Chametz. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 76:30 and 78:30.</ref> If someone is in the street and there's a chametz restaurant he doesn't need to go around not to smell the chametz food.<ref> Siddur Pesach Kehilchato v. 1 10:11 writes that there's no prohibition to smell chametz in a non-Jewish restaurant on Pesach if one isn't trying to get benefit. He explains that even if there's another path that would avoid it, it is permitted based on the principle of efsher vlo kmechaven (Pesachim 25b, see Bet Yosef YD 142:9 citing Ran A"Z 21a, Shach YD 142:34). Rav Shlomo Zalman in Halichot Shlomo 4:12 holds that one can't actively do an action to smell chametz on Pesach. See the footnote where he explains that the Rosh Pesachim 2:2 holds that if one is walking in a place where there is definitely a forbidden smell one should hold one's nose closed.</ref> | ||
==Going on an Airplane on Pesach== | |||
# A person should be careful to tell them that he doesn't want to order the meals since they have chametz in them and it is forbidden to own chametz on pesach or he should order a kosher meal.<ref>Shevet Hakehati 2:173</ref> | |||
# A person sitting next to a non-Jew eating Chametz at his seat he shouldn't eat his meal at the same time on his tray since the trays are so close to one another.<ref>Shulchan Aruch 440:3 cites the Rashba 1:177 who writes that it is forbidden to eat at the same table with a non-Jew on Pesach if they're eating chametz since it is probable that a crumb will fall into the Jew's food and a crumb isn't nullified on Pesach. The Shevet Hakehati 2:173 writes that this applies even to two tables where they are so close to each other like on people sitting next to each other on a plane. Nitai Gavriel Pesach v. 1 p. 245 56:7 quotes Rav Betzalel Stern who agrees but the Nitai Gavriel questioned it. Piskei Teshuvot 440:3 cites the Shevet Hakehati and Nitai Gavriel.</ref> | |||
==Sources== | ==Sources== | ||
