How Long Must We Wait Before Shopping For Chometz In Non-Observant Jewish-Owned Stores
&
The ‘Myth’ Of a Lag B’omer Cutoff
March, 2023
I. Jew & Gentile
I was once certifying a commissary in Western New York when, while explaining some of the rules, the owner’s son became visibly upset and verbally intolerant. “This is all because we are Gentiles, right? I am sure if I put on one of your little hats you wouldn’t make my mom jump through all these hoops!”
His mother was mortified and began to apologize profusely.
While the Chazon Ish would tell talmidim “Ah yid enfort nit’ (a Jew shouldn’t respond to such comments), in this case, for several reasons, I felt compelled to retort, albeit without sharpness or riposte.
While his lack of respect was a red flag, it is indeed understandable that to an outsider the world of kashrus can appear capricious, fickle, and erratic.
A grape-based company once shared with me that they used to be fully certified until noticing a potato chip company down the block was being charged a fraction of their kashrus price, and further describing how the potatoe factory’s rabbi didn’t demand being there for production, whereas, by their grape production, the rabbi was there daily, and for hours. They thought they discovered an injustice when, in reality, it simply seemed that no one explained the exceptionality of kosher grape production and their unique status in halacha.
With this in mind, I turned to the son in our first story and shared that while it is undeniable that being a Gentile can affect kashrus (e.g. bishul akum, etc.), a Jewish owned facility introduce its own unique complications that can, at times, be far more complex than if owned by Gentiles.
When my vaad first certified a local supermarket bakery, the one item they didn’t know how to make – and instead would ship-in ready-made – was challah. To avoid consumer confusion, they wanted this product repackaged in their store bags and with our logo. I called the challah company’s rav hamachshir for authorization, and then sent a mashigiach to Paramus, New Jersey for a pro-forma visit. (It is standard practice to visit even a reliable hashgacha’s facility should one’s imprimatur be added to their product. Once, while in Ben Gurian, I was shocked to ‘learn’ from a Rabbanut sticker on a gum that they had worked with me and the company on its certification!).
Upon completion of his inspection, the mashgiach -today a kashrus veteran- called me in a panic.
“I met the owner!” he anxiously began.
“So?”
“So?! His name David Moskowitz [name has been changed]! He is a Jew; not (yet) frum!”
Can the reader now guess the urgent concern?
Hafrashas challah!
(This halachic complexity not only exists regarding such factories, but also for local pizza shops, bakeries, etc. How this is dealt with is quite fascinating, and perhaps a good subject to explore another time)
II. JEWISH Chometz, Liquor, & Stores
But by far the greatest headache that is unique to a Jewish owned food business is chometz.
Several years ago, this issue became a public and international colloquy when it was discovered/made public that many liquor manufactures were owned by Jews. Liquor can stay on shelves for years, making many million-dollar collections and cellars questionable-as these chometz products were once, perhaps, owned by a Jew(ish owner) over a Pesach.
I had the zechus to be at the meeting with various kashrus experts where Rav Belsky and lbch”ch Rav Shmuel Kamenetzky spoke about how to best guide the tzibbur regarding this concern. Rav Shlomo Miller would later also address this same group with a shiur on the topic.
Already well before that liquor tumult, the average consumer was generally aware and anxious vis-à-vis these issues. Many grocery stores chains or their individual franchises may be owned by a Jew, making purchasing any chometz owned by them over Pesach forbidden.
This halacha – a rabbinic ‘fine’ in nature- is titled ‘chometz sh’over al hapesach’.
How long must one wait to purchase such items?
When I was around ten, I distinctly recall hearing the date ‘lag b’omer’ as a cutoff period for this concern; meaning from that day on such stores become permissible. I mention my age, because not only did I mishear, but I also accepted this as Torah m’sinai – as if on that date such chometz magically becomes permissible- Lag B’Omer is a mikveh l’taher!
Neither of these suppositions were accurate. Yet, after some recent (unscientific!) polling, it appears that many still believe this, while others informed me that they recall Shavuos as the termination, and still some responded that this magical switch happens at ‘six weeks’.
III. The Halacha
Chazal teach that chometz owned by a Jew over Pesach – even for but a small portion of the chag, and even if only on acharon shel Pesach (Shulchan Aruch HaRav 448:1) -is forbidden (Pesachim 28a-29a). This is a k’nass/fine.
There is no expiration date to such foods’ forbidden status; staying assur forever. One may not even derive benefit from such items (e.g., to buy/sell or to use it as pet food; although this may sometimes be allowed regarding certain non-biblical chometz, see Shulchan Aruch, 447:12 with Magen Avraham).
This subject is exceedingly multifaceted, with untold potential cases and permutations. The enquiring reader is encouraged to peruse an astounding itemized list of real-world situations along with the response from prominent poskim in the sefer ‘Halacha Shel Pesach’ (vol. 1, p. 248-251, HaRav Avraham Mordechai Feldman, Yerushalaim).
IV. Bypasses?
Do cutoff dates exit, when such stored may indeed be patronized?
Simply put, the only way such Jewish-owned stores may be patronized right after yom tov is if they sold their chometz, which is indeed frequently done by major and respected vaadim.
But how this is possible?! How can one ‘sell’ chometz and then be observed publicly doing business with it? Doesn’t this negate any transaction?!
When the local rabbanim’s chometz was sold this year to Rep. James Gennaro (NYC’s 24th District), he surprised us all when he declared “I have been buying chometz for years, and I have one rule: I do not purchase chometz from a non-religious person if he will be selling it over Pesach. I once drove by a liquor store over Pesach and saw he was open. I walked in and said, “Hey! I bought this inventory! What are you doing?!”.
All the rabbanim had a laugh, but he was being very serious.
What could be the allowance?
Rav Moshe Feinstein (Igros Moshe, orach chaim, 1:149 and 2:91), as well as many other litvish and chassidehse poskim alike (e.g. the Sanzer rav and Rabbi M.M. Schneerson of Crown Heights), write how while other lesser issues are indeed involved, the initial sale is unaffected by such later counter-actions, even when predictable at the time of the sale (see Piskei Teshuvos, vol. 5 new edition, p. 185, note 153 for additional sources, as well as for cases when the seller verbally protests this sale, and if zachin l’adam would apply there as well, etc.).
Without such sales, the consumer would have the arduous task of discovering which companies are owned by Jews (conglomerates and large corporations with Jewish owners/partners/investors/interests is a subject beyond our scope here). This is indeed a difficult task, which is why it is best left for local rabbanim to simply check into their most local stores.
However, national vaadim do offer aid by sending out more general information, such as national unfranchised chains where Jews are not owners, such as all CVS and Walgreens.
V. Lag B’Omer Cut-Off?
Because such chometz is indefinitely forbidden, any cutoff would only be due to an awareness that the Pesach inventory has turned over.
How assured must we be of this?
Surprisingly, one would only need to know that fifty percent of the chometz inventory has been exchanged (see Igros Moshe, 4:96).
Is there then a way to determine some set date as our statistical allowance?
My brother-in-law, R’ Efraim Halpert, shared how one national hashagacha this year [2023] indeed give lag b’omer as that presumed date.
But such dates are pragmatic and may change year-to-year and even city-to-city. For example, it’s possible that as people eat healthier, stores do not sell as much cereal from year-to-year. In addition, our reliance on Amazon and other delivery methods may cause significant turnover changes.
Chazal discuss this very issue in the Tosefta, giving specific cutoff dates for such chometz depending on the type of store, location, etc. (Pesachim 2:1).
In Toronto, circa 1985, Rav Gedalya Felder (d. 1991) suggested that three-four weeks should lead to enough turn-over, thereby allowing one to purchase their chometz (Yesodei Yeshurin, vol.6, p. 330-331).
I would posit that it was this popular sefer that, among rabbanim, birthed the rounded and easy-to-recall ‘lag b’omer’ cutoff (see Rav Shlomo Zalman Aurbach’s letter to him, published in the beginning of this volume, anticipating its printing. This set is essential to any posek or rav, and my theory is only to bolster that supposition).
Of course, there is a much simpler way to avoid all of this, both before and after lag b’omer: do not purchase actual chometz from such stores and simply support your local frum stores! (See link for the halachos of supporting your local establishments) .
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