Question:
When the last day of Pesach falls on Friday can one eat chametz on Shabbat? If yes – what is the reason? The rabbi never made a kinyan with the goy to buy the chametz back and if we say that it is cancelled automatically since the goy “did not pay the balance” – that would mean one was over the issur of chametz b’pesach!
Answer:
In this situation eating/drinking chametz on Shabbat is problematic.
One reason for this is that as you mention, no kinyan from the non-Jew can be made on Shabbat. The kinyan back from the non-Jew is only made after Shabbat, and therefore one must wait for motza’ei Shabbat before eating chametz.
Another possible reason for this is on account of muktzeh. The chametz is muktzeh on bein ha-shmashos as Shabbat comes in, and therefore possibly remains muktzeh for the duration of Pesach.
However, some are lenient on both counts: for the non-Jew’s chametz, because a clause is inserted into the contract with the non-Jew that permits eating the chametz, and for muktzeh because of the principle that muktzeh on account of the previous day’s prohibition does not extend into Shabbat (see Yecheveh Da’as 2:64, and see also comments below).
There is certainly no problem in eating kitniyot products that were kept at home during Pesach.
Best wishes.
In regards to muktzeh this is simply not true. See Pri Magedim in his “Seder Hanhagos HaShoel im HaNishal B’Issur V’Heter” Seder Rishon Sif 21 that says there that the chometz would be muter because of “muktzeh l’yom sh’aver lo omrinan” (a maklokes rishonim but l’maseh that’s how we pasken.) The Pri Magedim as well is speaking exactly in our case of chometz when shvi’i shel pesach falls out on Friday.
Thanks for the comment.
I must say that I’s a little surprised by the wording of the reply (“this is simply not true”).
If I recall, the principle you quote from the Peri Megadim is stated by Tosafos and the Rosh in Pesachim (4), and poskim dispute whether this halachah applies even to something that involved a Torah prohibition (of eating).
The Peri Megadim actually rules that the leniency does not apply to something that is a Torah prohibition (Orach Chaim 498:M.Z. 2, and Intro. Yom Tov 17), and this is ruled by several poskim. Shut Maharash Engel (4:92) cites this ruling, and explains that it is therefore forbidden (on account of muktzeh) to eat chametz on Shabbos after Pesach, citing this ruling from Rabbi Akiva Eiger (Shut 5; there is room to dispute this understanding of R. Akiva Eiger). This is ruled le-maaseeh by Rav Tukachinsky in his Luach.
However, I have seen that Rav Ovadyah Yosef (Yecheveh Daas 2:64) cites many authorities who are lenient concerneing this matter (see also amended answer), in particular because the chametz has been sold to a non-Jew, and there is no prohibition of muktzeh on a non-Jew’s chametz.
One way or another, I think that you might have found a better choice of words.
Perhaps the choice of words wasn’t the best. However my point was even if there are machmirim I believe the ikar l’halacha is lhakil. B’frat that the Pri Magedim *actually* says in Intro to Yom Tov ois 19 that he’s not sure if the din applies also to a d’oraisa. I’m not sure if his lashon there in ois 19 constitutes a “ruling” in this matter (However see more below on this). So as it is from the Pri Magedim we are not clear if the din applies by a d’rabbanan and d’oraisa equally however we have from the Pri Magedim in “Hanhagos…” that this would seemingly be muter in our case of chometz.
I haven’t had a chance to look into Yachavah Das yet as I’m sure he brings all the mareh makomos in this and there is nothing new, but if he’s already makil it’s a pretty strong tzad lhakil. Since c’darcho he brings all the poskim and goes according to the majority. Maybe you can add something, hopefully I’ll see later the sefer inside.
One more mareh makom I had by me which I’m sure R’ Ovadia brings is the Beis Yitzchak in YD Siman 23 Ois 9
(http://www.hebrewbooks.org/pdfpager.aspx?req=619&st=&pgnum=66)
He seems to understand the Pri Magedim holds that by a d’oraisa one should be machmir however the Beis Yitzchak himself is cholek l’maseh. I’m surprised he didn’t bring the Pri Megadim from “Hanagos…”
Again the choice of words was perhaps wrong however looking at the tzadidim it seems like the accepted psak in this case is lhakil that was my surprise to the previous psak that it’s a problem of muktzeh.
On the first day of Pesach I had a chance to look into the Teshuva from R’ Ovadia Yosef. I think it’s pretty clear from there that the halacha is lhakil as he presents a convincing case. I was surprised that he didn’t mention the Pri Magedim that I originally pointed out in “Hanhagos…”. He also mentions only the Pri Magedtim in Intro to Yom Tov in sif 17 and not sif 19 where the Pri Magedim is in sofek if there is a chiluk by a d’oraisa or d’rabbanan. Also surprising…As well he didn’t bring the Beis Yitzchak that I mentioned above that is a support as well for the makilim.
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