Question:

Hypothetical Scenario.

The owner of Tasty Pastry sells his store to his non-Jewish worker. He tells him that he can use all the ingredients and keep the store open during Pesach and sell only to non-Jews providing that he advertises and places a huge sign in the store window stating that the store is not Kosher L’Pesach during that week. (This way, I think we have avoided Mar’it Ayin concerns.)

At the end of Pesach, the store is bought back, and the owner receives the earnings from the sales made during the Pesach week.

Is this a case of “Chametz She’avar alav Hapesach” even though the owner did not actually own any physical chametz during Pesach? Can the owner receive any form of benefit from sales from his store during Pesach?

Answer:

This is not a case of chametz she’aver alav hapesach, since no chametz belonged to a Jew over Pesach (the chametz was of course sold with the store).

However, it is not permitted to derive benefit from chametz on Pesach, and if a contract is made in advance with the non-Jew that profits from Pesach sales will go to the Jew, this is clearly prohibited (since the Jew is benefiting from the sale of chametz on Pesach).

Best wishes.

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