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Chametz on Pesach & After Pesach | Rabbi Ezra Friedman

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OU Israel Shiurim

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political uh mixup we've been settled in as caus many issues there's a car blocking the entire route one and it was absolutely moved and there was a I will discuss very briefly but I everyone to focus I want to discuss the foundations and applications of any sheets no no sheets no I'm talking about just just me if there any problem you won't fall asleep by me I want to discuss the basics of the selling of KET I want to talk about four subjects the foundation of it I want to talk about details in today selling our I'm G to talk about an interesting question regarding sales to non-religious and then maybe a final closure on how the sale works today we have a concern and it's as follows owning consuming on P is a severe H transgression on top of all that if somebody owns on PES and P passes and didn't consume this this becomes prohibited it's called so not only do we have the prohibition to gain benefit and consume and own the during P itself afterwards if we didn't appropriately deal with this eat it consume it in different Fashions where I sell it give it away destroy it I cannot use that that means if I have a bottle of whiskey that I had in my house I did not sell do not consume it cannot be consumed forever it's user this became a very big halic issue 600 years ago why during the Middle Ages Jews had no right to property had no right to finances they had nothing there are other times like that in history about 600 years ago the there were the Jews were allowed to deal and negotiate and purchase and distribute Yash Yash was alcoholic drinks based in uh wheat products and that was their entire parasa if I were to tell a situation that you were to sell you were to make your entire merchandise you know hundreds of thousands of rubles or we call it years ago and on pesak you had to consume it or throw it away you lose your entire parasa and that reignited the idea of selling one's kit one can sell one's kit before PES have it owned by a non-jew and then repurchase it back afterwards before I get into the details of how legitimate the sale is it should be known that this is not a new invention people confuse the idea that some kind of fancy rinic invention such as het Isa such as prb regarding shita such as maybe but it's actually very much incorrect is mentioned over 1,800 years ago the TOA the tanic source of Hal brought mentions a story the story is a Jew and a non-jew on a boat and the Jew forgot he had his whole bubka and cakes and cookies he left in his house in Babylonia now he there's the the the TOA says he has no not enough time for the boat to arrive at his destination back to his house to deal with it what does the to say sell it to the non-jew and get it back after PES this is a clear proof that the idea of is not some new invention it comes the time of the Tana however about 600 years ago there's a very big concern around selling and history is very very important it's actually ironic because it's the opposite today but there was a discussion when the that instead of having a general sale we should have each individual should find his own non-jew and sell it to them you know make make some kind of agreement and sell it on your own and that was done that there was a there a bunch of rabim about 600 years ago who felt it preferable than having a general sale by a rabbi or a whole appointment or a whole formal Pro selling procedure with a with a with you know with with with with a Rabbi and passing it onwards and a general sale for the or the company we wanted personal sales that a guy should find onj sell it himself the marash kuger Ruger and R shanon were very against this for the basic reason that I can't compare your sale to my sale do you know your selling or you're not selling are you doing it appropriately doing not appropriately and the reason why this change was because as I mentioned just a moment ago it was it was very compated to have a United system so they initiated and instituted that the sale can be done but it should be done in an organized fashion you should not sell on your own there should be a Bine of the city of the country of the who will create a large sale of all the kets of the residents of that area and they will sell them and be the emissaries to sell them to the non-jew the obvious concern the elephant in the room that came about when this whole thing reignited hundreds of years ago was how legitimate the sale really is when I sell something to someone there is a real discuss of purchase and passing it over I want to be able to you give me a f you give me a compensation I give you a product or a piece of real estate or or an emblem or whatever it might be here the obvious issue is I'm selling the Kates but I have no intent of you actually buying it I want it back I want to use it if I if I have $150,000 worth of Whiskey in my house I very much want to have that whiskey after PES so that's called in means I'm tricking you it's kind of it's like a game in order to make the sale more founded they created a system where I list where theit is I have the the gives a down payment there's a real realistic amount to what theit is worth I I have an area in my house where I allocate it and so on and so forth that this in order for the sale to be binding there has to be a real system set up and now I'm going to come to a very practical aspect that's very disappointing today the sale has become so big so large so Mass producing of sales that it's caused a lot of issues that I do want to mention today and I'm GNA explain why this happened in a couple of minutes people now sell on the internet I'm not talking about Amazon or whatever people you know they press their name they go on you know I'm say kabad or other websites and they sell in a moment and it be it makes the sale look a bit funny because you don't know who you're selling to you don't know who's your shalak you know the non Jew is we sell for ridiculous amounts of money if I sell one uh one bag of pasta for 17 or $18 that also is not realistic meaning I the there's a push that to make the sale more and more mass produced that really hurts the sale should it be a person should sell his Kates with his R and the the star should list exactly where I'm putting myates how much it is worth when am I selling when am I getting it back that has to be a real system I I there's a big push to have the mass selling of kets around Israel through all kinds of emissaries and I recommend you find a r who sell your kets in the appropriate fashion there should be a kinan the person selling for you should do some kind of Act of purchasing to show that you're giving over him the permission to sell it and and that and that's the because sales have gotten very extreme I'll give you an example I'll give you one example one second a very large example that's very disappointing is in certain New Age new modern sale of Kates people want to sell the Kates that swallowed up in or theet that's stuck under my chair that's been there for eight or nine months now that not only is that ridiculous in terms thatly prohibited but you nobody's GNA actually buy it and if you write in thear that you sell your dishes and pots and pans that creates another problem you have to to your can all over again you get back to the go there are people who sellet that they might have left in all kinds of it becomes very very very this is I'm saying the importance of the m is making it as serious as possible this m has gotten so out of hand that there's been a push in today's day and age by many ranim not to selles or if you selles don't sell realit mean don't sell bread and pasta cookies and cakes and flour rather sell you know medicines all kind that might be suffet so it's become the opposite and who should really sellit only stores and distributes and so on and so forth the is if you have a a reason to sell either you have a large amount of you'll need till after which could be for your own reasons or which is most common the most common I dealt with as a r is those who have alcoholic beverages nobody wants to sell their 500 shekele bottle of Glen Glen if it's done it can be you can sell it is important again to find a sh find a real R to list where the Kitz is to close it up and to honestly mean that if somebody comes and gives you the amount that it's worth to buy that kit and you can buy it back this year yes you want to finish your sentence I well I'll finish what I'll go back to you the the is one important issue this year specifically regarding selling that we have a of PES that happens on Shabbat according to certain Authority we we don't want the sale to start to bind on Shabbat so it's important that the M the selling itself should actually occur right before chabas we sign thear right before chabas you can list in your you tell your Rabbi that I'm keeping a bag of pizzas it's always recommended this just from experience I'm much younger than many of you but I recommend having pizzas if you're having because you have the kala and the especially the burnt kalas that spreads and crumbs and the wives and mothers start eating you alive they're already stressed enough about PES don't make it any worse than it has to be so you tell you you write in the M that I'm selling my my from Shabbat from from a couple minutes before and then I'm also give it except for the p and so on and so forth that have for shabas there have been cases and this is important to ask your R there have been cases where for example I had this story where I've had I realized that my kids ate the pizzas for or they took I need to buy Shabbat what do I do already sold my already told my Rabbi where it is so many many of the contracts of selling it's listed specifically that if you happen to buy moreit or need more that you you owe you owe the N some money it's important to confirm this when you're selling your that if you're going to buy anything else Friday afternoon or something's gonna bring you something for Shabbat morning or so and so forth that you are on top of things yes respectable knows a lot he and his family they had a lot of kids and he said you could sell the humet what he does it to the store in the yesu and then they take it like it's theirs and then they know that at the end of the week they're going to give it all back to you yeah there are some people do that that is that is so so so that that's a good question what she what she actually relating is a very good point there are certain people who because they don't want to sell they want to give it to somebody who actually can sellet I actually did that once so I'm I'm guilty as charged I had a large L amount of of whiskey I received from a friend and I gave it to a store who sells their whiskey and they sold it very well and they had a whole system so you can those who are don't want to sell because they're concerned it's not a real sale prefer to pass over their merchandise to a individual or a or a representative or a a body that really has to sell K you can do that it's not very practical you not got to go find Mak and bring in stuff and so on and so forth I want to bring up a very interesting Hal discussion this is the the next part of our of our Shear um but I I I hope I hope it's very very H complicated but I think it's interesting to understand in Israel and this is why the reality of M becomes so concerning we have thank God a large amount of uh merchandise of products and Jewish uh institutions you know it's not like you know in in in for example in America or England or South Africa or Australia where you have supermarkets that are owned Lock Stock and Barrel by non-jews and have a kosher section or you have kosher comp you have not you have kosher companies that are owned by non-jews here you have a real concern that many many Al many a large percentage of your you know General Stores makot supermarkets distributes Imports are all Jewish the concern is that or the the subject of of contention is not all of them are religious what that does to the possibility of having that in Israel is is a very very very serious concern as such there's been a real push and there's a lot of positive aspect to this is to have as many people Distributors private homes sell their comets because if I own a wine shop that sells merchandise that's Kates and I don't sell myates on PES that the entire merchandise is prohibited for consumption period if I own a molet that haset which I for sure have if I own some kind of of merchandise and I do not sell myates it is prohibited period now the large conglomerates the large super markets in Israel which is either yanov oer Ramy Levi Shak shuk they sell their KES normally I want say normally they sell their in a very professional and serious matter for two reasons first of all can you imagine being told that 500 thou 500 million shekele worth of merchandise is down the garbage I don't think they want to have that they also have a number of rabbis certification certifying numerous products in the store and they want to themselves want to take responsibility as rical bodies to confirm this is mut so the large large conglom have no concern where is the problem with M pardon the Lo M alcohol stores you're going to go to some you're going to go visit a friend and they have a store down the RO that has has they have they have large you know they have a large alcohol store what what do you do so I'm actually going to pass over a a a really interesting H question regarding what is the validity of done by certain non-religious Jews and what do I mean there's a push for the raban to rabbis to convince you to sell youres and they think it's it's some kind of religious ceremony I always find it funny I mean this year we have sarsar our ministry of finances from but every year when there's a minist of is not from they go they have every year a couple for p the minister Finance Finance visits the raban the chief rabbis and they have what he put on a what you put on a keep for it's not it's not ding it's not he put that keep because he thinks it's a religious ceremony there's a big problem that in order for to be binding people have to realize you're actually selling something same thing by the way I always say about when you remove the ties from fruit and vegetables you have to know you're removing you're actually separating uh you're allocating produce to be given to as a as a gift to somebody else is not just a religious ceremony it means something and this comes into question a lot of sales today where the person selling thinks it's some kind of just religious ceremony I'm doing I'm putting on a keepa I don't mean to actually sell something I have a story a true story a couple years ago a congr of mine went to a store and saw him selling on PES but he had a kosher certificate so what I sold my look I have the paper but I can still sell theit right he didn't grasp what he was doing it's very important there's a big question regarding the validity of selling for somebody who does not grasp what it actually means I heard this um this Mahal this discussion by a very very incredible person his name is my re Goldberg he was a tremendous tremendous God ofor his name Zia Goldberg he was literally a wonder of the world to watch his genius was was almost unproportionate and he had a question he dealt with this issue of the selling of by somebody who does not grasp that it's actually a sell I think it's a religious ceremony he compared it to a very interesting discussion that has to do with just hold let's all hold together about a hundred years ago during the beginning of the British mandate a very big change happened in Israel and during the Ottoman Empire you could enter Israel almost freely the first were very very big the British mandate stopped at some point the entry into Israel for all non British citizens or mandate citizens and many Jews were stuck in Europe in Russia and Eastern Europe and could have come to Israel that's why I'm sure you heard there was what's called a certificate you had a certificate right to come into Israel helped many many important dignitaries including Goldberg's father into Israel there could you couldn't move people from Europe to Israel and there were a couple of real cases this is a realic situ situation there were cases where a couple had gotten engaged thean the the bridegroom had gone to Israel to go learn and his kala his wife to be was stuck in Europe and she couldn't come over he was already in Israel and she couldn't come over there was a loophole listen carefully there was a loophole the loophole was was that if a British man or a citizen of the Mandate somebody who had a certificate could bring over their spouse and children so there were two or three cases is true this is documented there are two or three cases where they said well if the Katan is stuck in Israel and the kala is stuck in Russia let's let's do let's let's let's let's hop let's make a trick we'll we'll use a a mandate person in in Russia who has a certificate or send someone from Israel to Russia will get them married in order to they'll be their spouse she'll come over to Israel and then she'll marry her actual husband why they no I kep they the in order to get the British certificate to be able to move to Palestine you had to have real they wanted to and conf that you were married there's a real case of a couple of two or three couples who did this and they came to and the question was does the wife need a get and it gets more complicated because one of the bridegrooms was a Coen so this whole s story did nothing they brought this question to the Maham and the and the were two tremendous poim in two in Europe and they said that of course this is even though it was fictitious kushin because they only did it for some reason the kushin is binding and they need a get what was his proof the proof was there's a gumar that says that Reit Taron one of the do tan was very wealthy he was a Coen and it said in the time of famine there was a big famine in Israel and he married 300 women why the is that a Cohen can receive truma the tie and he can feed it to his wife so he had a large large collection of truma in order to help these women not not be so hungry he married 300 women right says the marish you see he didn't plan on marry women who would Mar 300 women you're crazy it's a you much you much to do with 300 wives he married these women in order to be able to feed them true he didn't really want to marry them he didn't have any idea in living with them and having any relationship with them you wanted to help them feed them so you see even though he married for alterior motives which nobody ever does married for ulterior motives the kushan is binding because based on that the women can have truma and fictitious kushan is kushan yes kba says that it has to be you have to fulfill also the obligations to your wife that's a good question he's not doing that's it's a good means that is a question me that question they they then they asked r p Frank who was the chief Rabbi of and he disagreed he said they don't need a get and the woman that is not a grusa and she can marry a k it's fine what was his proof he said you're not understanding rebit Taran rebbi haran who married 300 women wanted the kin to be Hally binding because without the Hally binding of the kushin she can't eat the truma but these two people in Russia they're getting married to get a certificate they don't care about binding that's not a proof reab tarford want marriage in order this why have truma these two couple the couple who gets married in Russia 100 years ago to get a stab of a don't it's it's worth nothing so the maram and the r said they don't need they need a get fictious K and the says no it is says Goldberg that is true regarding but it's the opposite that dispute regarding whether the woman we need to get or not is the exact dispute regarding fictitious sales ofit Let's see we get this a little tough those hold that fictitious kushin because you signed on the dotted line and you did a Kenyan you did an action you can't even though you you might not know all the idea what it actually means it still works that means if somebody goes and sells of tomm in it's still binding holds but if I hold the woman doesn't need to get because fictious K has no significance so somebody who sells only out of a religious obligation or make sure the RAB doesn't bother him afterwards does not make the binding said it was a very complicated and he felt that we should make sure that when we're selling people should know what they're selling he added a different he he added an anecdote I have to add it because I heard this word for it from said that there's a famous story there was a king of austral Hungaria named France Jose and there were a bunch of non-jews who wanted to cause the Jew use some trouble that does happen nobody caus us trouble today we're all good so they went to France Joseph and said you know the Jews in your kingdom are not paying taxes says I I see they're all paying taxes every year they have a sale all the Jews they sell an a of PES and they don't pay taxes so France Joseph said ah I don't care okay these non-jews w to make it bad for Jews didn't work out they brought this to the s s one of the tremendous authorities of the 19th century and they said listen we have a problem in order for to be binding it has to be by law thank God an Israel now and it's also important in America as well that you're that the the have actual binding in the country it's should be just some fake M it means that if the non-jew would come and go to court and say here I have here a a a list of the that I own and I want to pay the amount I want to take it it has to be binding by law they came and said I don't know what we're going to do maybe not binding anymore France Joseph thinks thinks it's a joke the this told me said you that that you didn't understand France Joseph France Joseph wasn't saying that I don't believe MZ actually works I just don't want to collect taxes on it that's he was saying an anote so this is a real question The Binding the validity of selling of by an individual who does not understand what he is doing and this becomes a very very large concern I'll now I'm gonna bring that was a little bit of a interesting intellectual acrobatics but I mention to me is there's nothing more pleas this than that I want to add another Hal concern regarding selling here in Israel and then we will uh summarize um since we're talking about a large amount of distribution and uh purchasing and sales and so on and so forth done by different parties who are all Jewish and non-jewish uh it becomes very very complicated um there's an interesting aspect specifically in the Israeli economy today that may may make things easier but it may make things more complicated there are five companies in this country that run over 68% of all the food market and you all know this TVA o Strauss Coca-Cola and Telma uni lver that's Telma uni lver that's helman's mayonnaise it's they own everything all these these five companies run the show not only do they own the companies they own they own subsidiaries and they own distributions it's huge now some of these companies have gotten so big what happens to a nice Israeli startup that that starts to make money what happens they get bought out so some of these companies are owned by non-jews for example the largest food conglomerate in the world is Nestle Nestle owns oam Lock Stock and Barrel every nail every soup nut every bomba is owned by Nestle they have non-jewish representatives in the country that run the show I've seen it with my own eyes by the way I always find it very ironic and I I have to say this on on recording when I ever I go to visit the O Factory in St they make they make these little couscous things and you have to take a fresh but it's ridiculous because if the entire company is owned by non Jews you DOA but no we do it just in case it's a farce je so the truth is that we that was checked it's actually still owned by by by Swiss businessman Nestle is still owned by non-jews completely so the question becomes does that affect the for example perhaps if o is Distributing food and it's received by certain you know stores maybe it's better because it's owned by non-jews so the M shouldn't have any concern um first of all I always say those who don't want to rely on if you buy products like a week and a half after P that came from the ome storages it's because it's owned by non-jews it's owned by non-jews is no question uh this question brought up an interesting discussion that I want to discuss a H well by the time the storage stuff from the you know Supermarket they bring in new stock from o it's they probably have their own stock if I go to Ramy Levy for example or oshad right they're gonna have stocks of their own food right they're not going to order from 's storage facility to replenish their merchandise so the first couple days it didn't it did does happen like you know it's not a SL slip you know a slip of a finger it happen takes time so a week a week and a half afterwards you're assuming amount of time the stock from OS the replenish of stock is coming to the supermarket this this came to a discussion I dealt with a lot this year and I'm going to present it to you and I'm not sure I have a good answer but let's try together how does selling and purchasing work in Israel there are three types of sales one sale is is purchasing meaning you you're a distributor you own a cheese company you own a candy company and you sell to a a m to a to a to a large supermarket chain you bring over the merchandise you bring over what's called a which is a proof of delivery and then it becomes yours so Rami Levi owns now the merchandise that's in his storage facility no questions asked there is a clause that if for example the the the uh the merchandise is damaged or the expiration date is passed you can give the merchandise back to O it doesn't make it o it makes it Ram the other type is normally to done to small M here in Israel where the you know or Telma or are concerned that sometimes these don't pay on time and they really concerned they're going to you know go bankrupt or not pay so they send they have the same process they send their their proof of shift and they write the merchandise belongs to O until full payment in that situation might be that the O products in the store the Mak and carel and still belong to us which would mean even he didn't sell uses still M however it seems that that wouldn't help because by law the fact that he writes that until its payment full doesn't make a difference he can't remove he can't for example o can't decide that he has 100,000 shek worth of merchandise by Tommy's maket and he realizes that oer wants to sell it for even more so he can't transfer he can't go and take that merchandise that doesn't work in both case it belongs to Mak there is a third type which is very very interesting it's called an Hebrew conat it's called assignment there's a very new system and this is really affecting how we buy and purchase that this is very very important to understand how this works many many large Supermarket chains do not want to deal with so much merchandise and money at the same time small importers or small Distributors will come to OSH and say I want to sell my product there's no problem I'm G to sell you in Consignment you're gonna have a shelf this shelf will belong to you the area in my storage will be by you the money it's all if it breaks if it's boned if my it's all I take no responsibility what happens once that bag of breadcrumbs passes the scanner and the money transfers over 25% of that product the money I received goes to you distributor X and the I'm sorry goes to me and the rest goes to you meaning the merchandise belongs to the distributor importer until the sale is done and and this is mostly done with small Distributors so what happened with oen what happened with uni lver that's also a large conglomerate but I'll tell you where it becomes an issue there are makot in Israel that are owned by non-jews I'll give there I'll give you one you might have heard of it's called Dak a very large supermarket chain in the South owned by non-jews you walk in there you assume well it must be all owned by non-jews you don't realize that the the the the Cheerios or the or the other seals on the Shelf actually belong to the Jewish distributor and if you you have a problem correct the Jewish distributor Dak is owned by non-jews Dak is a supermarket Dak has all he no he has he sold in Consignment it's not his it still belongs to the distributor the Jewish distributor who brought him all the cereals so he's got to sell how do we confirm selling of products so I'm gonna this this is very very practical if you see on a product regarding sure I can out a b but regarding selling of the ran tries very hard to push uh that these Distributors and importers sell their Foods where could it be a concerned you'll see products and this is I have to take responsibility you'll see products that have the OU or the OK or the kfk or the co that do not have the shanit and it's brought in by an importer now this company General Mills or or or life or Kell logs is owned by non-jews they don't sell their in America but they have they brought in eight or eight or 10 or 15 containers of cereal to schlomo who lives in bees if schlomo who lives in bees did not sell his hmates that's a problem so it's important to see when you go to visit a a small molet to make sure they sold their and I'm going to review everything quickly we spoke about the foundation of the sale purchasing that was done already in the time of the gumar how it became more mass-produced we said that there was a a a dispute whether it should be a personal sale or it should be a sale done by a rabbi we we believe that the sale should be done by a rabbi in order to make the sale more serious it must be done in the appropriate fashion we should have a real R you know you should do a kinan you should list where theit is you should list how much it's worth you should allocate an area or armir cupboard plate table storage unit in your house with theit is you're allowed to sell realit if there's a need that's both alcoholic beverages and not uh you should not sell your dishes you should not sell your you should not sell for crazy am you should not sell on the internet we discussed the validity of Kates being sold by a non-religious Jew who doesn't grasp what he's doing that's why there's a push to sell as much people people go around sell your Comet Sign Here sign here because I want to prevent this issue ofit and the last discussion we discussed was the idea of of selling an in in the in the large Israeli Market in short uh you should confirm that the Mak you're going to sell the you should see that they have an actual star and you should make sure you know what they're talking about if they're religious I'm assuming they know they're actually selling their Kitz if they're not it should be discussed when going to a supermarket around Israel you must confirm that when you're purchasing products after pesak that they have actually sold their you should be careful to go to other institutions that don't have it to share or products that seem to be from America with a certification but how ever do not have the words if they are actually sold for PES I apologize for being late you've been amazing I'll leave time for questions yes I do I I hope so no they they make sure that they make sure that the current the current approval that they sell theit now that's what they work on they make sure that they sell theit even from last year the the the the yes the Importer will be contacted now to confirm to to keep his products be sure that they're selling now yeah of course yeah yeah yes one number that's why they're diff I have that's why you should sell have a here he knows very well call me and you could list where the I when I when I did the ra it's listed I know is where they where they make you sign where it was how much it's worth it has to be you're right you're right no no no so so are there are stor that are done well there are that it's done well no say the large conglomerates like Ramy Levy they they have a whole system where it's the large supermarkets they're very they sell it very very they remove the barcode from the products they cover them it's very important they're done very well the large supermarkets yes been here years okay that's what I'm complaining about dist