Special Features ASK THE REBBE from the virtual desk of the OU Vebbe Rebbe Question: Can a Jew trade in prohibited foods if he has no direct contact with the food and he has a non-Jewish partner? Answer: The gemara Pesachim 23a learns from the pasuk, “Vesheketz y’hiyu lachem”, that even when one is permitted to receive benefit from a certain forbidden food, that is only when it comes his way inadvertently. However, it is forbidden to obtain these foods in order to profit from them. According to most Rishonim, this is a Torah prohibition (see Shut Chatam Sofer, Yoreh Deah 106-108; Yabi'a Omer, vol. 8, Yoreh Deah 13). The Rashba (Responsa III, 253) says that the reason is to minimize the possibility of coming to eat forbidden foods, while others say it is a gzeirat hakatuv (heavenly decree without a known reason). The consensus of poskim is that the prohibition applies even to cases where the Jew is not expected to come in direct contact with the food if he owns the food (Chatam Sofer, ibid 108, cited in Pitchei Teshuva, YD 117:6). It is debatable whether holding a small amount of stocks is considered partial ownership of a company (see Mishneh Halachot V, 102). As mentioned, it is prohibited only to obtain these foods. If they chance upon you, then you are allowed to sell them. There are many complicated questions regarding the boundary between chancing upon and purposely obtaining (for example, one who wants to buy mutual funds, knowing that some percentage of the stocks will be from prohibited foods). In the case of mutual funds, we could be lenient for a combination of reasons (Mishne Halachot, ibid.). However, it is more problematic to directly buy stocks of, say, McDonald’s, which is primarily forbidden foods. It would be prohibited to be a merchant of prohibited foods if the merchant actually owns the food. There is some room for leniency when most of the food is permitted, but business circumstances require the owner to include some non-kosher food (see Taz, Yoreh Deah 117:4; Aruch Hashulchan, Yoreh Deah 117:26). Be aware that the prohibition applies only to food which is forbidden from the Torah (as opposed to rabbinically) (Shulchan Aruch, YD 117:1). This applies primarily to meat products, as opposed to many other non-kosher foods (dairy products, pastries, etc.). A partnership with a non-Jew does not help. If you have a specific question, please let us know. Often, the small details can make a big difference, and this summary is not meant as a psak for a specific case. “Ask the Rabbi” Q&A is part of Hemdat Yamim, the weekly parsha sheet published by Eretz Hemdah. You can read this section or the entire Hemdat Yamim at
www.ou.org or www.eretzhemdah.org. If you would like to receive Hemdat Yamim by email, on a weekly basis, please send an email to lists@eretzhemdah.org with the message: Join Hemdatya - Please leave the subject blank. To show you that you don't even know the first thing about it. The Torah was handed down to us in fire, so that we would know to uphold it with a burning passion and commitment. Occasionally, the two terms appear together and almost contradict each other. Almost. In the very beginning of B'har, G-d says to Moshe to SPEAK to B'nei Yisra'el and SAY to them... Perhaps mitzvot have to be commanded, sometimes one way and sometimes the other. Or one way for some people and the other way for others. IMREI CHAYIM gives it a beautiful "chassidic" spin. Speak to the people harshly, if it must be so, keep the soft talking to them in your heart, because of great love of one's fellow Jews. [The B'har-B'chukotai Homepage]
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