Q&A: Sale of Leavened Food
Sale of Leavened Food
Question
Hello,
Your view is well known regarding “do not place a stumbling block” in relation to a secular Jew—that it is permitted, because his transgression is not considered a transgression.
I wanted to ask: according to your view, why is it forbidden to sell leavened food to a secular Jew for Passover?
Thank you
Answer
First of all, who said it is forbidden? Clearly, according to all views, it is permitted, entirely unrelated to my own position. Selling it to a Jew is not forbidden. Rather, the leavened food that remains in his possession is still prohibited leavened food, and the obligation to destroy it applies to him (but not to me). But if you sold it, then you truly are not the owner of that leavened food. All this is, of course, before the time when it becomes prohibited. After that time, it may not be sold to anyone.
Note two further considerations, unrelated to what I wrote here: when you directly cause another Jew to commit a prohibition (even if he himself is not considered to be committing a prohibition), it is possible that the prohibition applies to you. See Maimonides at the end of the laws of Kilayim and the parallel sources. Also, note that we are not talking about every secular person, but specifically about someone who believes he is not obligated in the commandments (and not just anyone who does not observe them).
Discussion on Answer
Since we’re already discussing the sale of leavened food, what do you think about the sales done nowadays, where there is never really a genuine sale? Does that really exempt you from the prohibition?
The sale is completely genuine. I do not understand these claims that keep coming up. If the gentile comes, he can take the leavened food. The fact that he decides not to come is irrelevant.
In most cases he cannot come and take the leavened food.
One more clarification because of the wording of your question: selling leavened food during Passover itself is ineffective, whether to a Jew or to a gentile.