Chametz being watched by someone else over Pesach

09.04.19

Question

Question:
My friend started making an Oneg Shabbat in the Bet Knesset including some Chametz stuff like pretzels and beer. He was storing the stuff by my house.  We both forgot about it until after Pesach. I even cleaned there but since it was his stuff, I didn’t really pay attention to what was there. Was the stuff considered Chametz Sheavar Alav Hapesach. Did either of us transgress Bal Yeraeh.

 

Answer

Answer:
The beer is alright to drink after Pesach Neither of you transgressed anything since neither of you own the stuff.

Explanation:
The Gemara in Pesachim 5b: The Rabbis taught ‘For seven days you shall not find (Lo Yematzeh) chametz in your house’, what does that teach us, it already says Lo Yeraeh (don’t see). Lo Yeareh Lecha, it you should not see you chametz but others or of Hekdesh, the passuk says Lo Yematzeh. The first part says you can’t see your stuff but other’s is OK , one case is where he took responsibility for it, on is where he didn’t. Like Rava said to the residents of Mechuza the chametz of the soldiers you must get out of your house since if it’s lost or stolen you have to pay, it is considered like yours.”

One who agrees to store a Non-Jews chametz in his house does not transgress Lo Yeraeh, as long as he o accepts monetary responsibility for it. If so then he has to get rid of it before Peach.
So rules the Shulchan Aruch OH 440:1: A Non-Jew who stores his chametz by a Jew, if he has obligations on if it is stolen or lost, he must get rid of it.

Mishna Berura 440:4 explains: he must get rid of it by the time of Biur even if the owner is not around to give to him, there is  a big disagreement whether Bitul would work for this chametz. Some says it isn’t his so how can he nullify it. Some say he can anyway.
The Shulchan Aruch in Seif 4 adds: even though the watcher accepts responsibility the owner also transgresses.
He Mishna Berura explains that is it obvious the owner transgresses, it is his chametz. We are just saying that since he  accepted responsibility, then he has enough of a connection to it that it is considered in his property for Pesach and must get rid of it. We don’t say this idea in the opposite way to say his connection to the chametz severs the owner’s connection with it.
What should the owner of the house do with the chametz?
The Gemara in Pesachim 13a writes, “There was a man who gave a leather satchel full of chametz z to Yochanan Chakukah. Mice pierced the bag and scattered it everywhere. He came before Rebbi, he said by the first hour wait, by the fifth hour he said go sell it in the market to Goyim. Rav Da bar Matna said to Rav Yosef you told us the same thing, to sell it to a Goy.

So rules the Shulchan Aruch: a Jew who has another Jews’ chametz should until the fifth hour and try to sell it to Non- Jews. If he can’t sell it by sixth hour, he must destroy it.
In our case where the chametz was itself in your house and you did not destroy it, depends.  if they both did Bitul and a Mechira then they do not transgress anything. It is even permitted to use after Peach
   
If you didn’t do Bitul or Mechira then wince it is for he Bet Knesset maybe you do not transgress Lo Yeraeh.
The Shulchan Aruch 4339 : Batei Knesset and Batei Midrashoth need to be checked since kids bring in chametz.
The Mishna Berura according to the Gra rules  one may make a bracha on the bedikah.
The Aruch Hashulchan though argues according to the reason why you do bedikah, so as not to transgress Bal Yeraeh, you don’t need to say a bracha. Also, a Bet Knesset, since no one owns it no one transgress Bal Yeraeh. The Gabbai does not own the chametz since they cannot acquire it and therefore the chametz is hefker and because one doesn’t fulfil the criteria for the chachamim for Bedika, and therefore don’t say the bracha.
It seems for the Aruch Hashulchan that no one transgresses Bal Yeraeh of food that belongs to the Bet Knesset. The Magen Avraham (154) says  a similar thing: One who finds something in the courtyard of the Bet Knesset gets it and we don’t say the is belongs to Hekdesh, since a Chatzer acquires for the owner like his hand, but Hekdesh does not have a hand.  So, anything in the property of the Bet Knesset is ownerless.

Therefore no one would be considered the owner of the beer, since the organizer donated the beer for the Oneg and especially the other one storing it. Therefore, there is no one who transgress Bal Yeraeh. Bu you should put it away in case you may make a mistake and eat it.
Can it be sued after Pesach?

The Shulchan Aruch 448:3 writes : Chametz of a Jew whish passes Pesach is forbidden to derive benefit from. The Mishna Berura comments that the Rabbis penalized hi since he transgressed Bal yeraeh. So chametz which no one transgressed Bal Yereah then it is not forbidden after Pesach.

 

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