Q&A: Throwing Away Leavened Food Sold to a Non-Jew During Passover
Throwing Away Leavened Food Sold to a Non-Jew During Passover
Question
I found in my house a snack that was definite leavened food during the Seder night, and I immediately threw it in the trash.
The problem is that I sold my leavened food to a non-Jew (through the sale of leavened food).
Isn't this theft from the non-Jew? How should I act?
Answer
You should have marked it and put it away. At this point, there is nothing to do. If the non-Jew comes and wants his leavened food, you will have to compensate him. If not, then nothing happened.
Discussion on Answer
It seems that here I would be violating "it shall not be found" deliberately. (Apparently, based on what you're saying, from a halakhic standpoint it's preferable to violate "it shall not be found" rather than to commit theft from the non-Jew.) By contrast, if I don't sell the leavened food, then I'm not violating "it shall not be found" deliberately but only unintentionally.
You are not violating it, because it isn't yours (aside from some esoteric opinions that say one also violates it regarding something that is not his).
It's preferable to sell it so as not to violate it.
Interesting, I didn't know that.
Am I still violating "it shall not be found"?
On second thought, wouldn't it be better simply not to sell the leavened food, and then if leavened food is found next year I could just throw it in the trash, and thereby not violate "it shall not be found"?