By Rabbi Yair Hoffman
Americans love beer. Beer is the third most popular drink in the world, after water and tea. On average, each American consumes 2 1/3 gallons of it every month. Religious Jewish men like beer as well, and it seems to be a staple item at a shalom zachar. Beer is also subject to the prohibitions of chametz she’avar alav haPesach—chametz that was owned by a Jew over Pesach (henceforth chametz S.A.H.P)—if it was not properly sold.
Most observant Jews know to avoid chametz S.A.H.P. How do they do this? They find out which stores are considered to be Jewish-owned and determine whether or not the owners sold the chametz that belonged to them. The issue is not just about the store owner, however. If the store purchased its chametz from a Jewish wholesaler, then that, too, can present a problem.
A brilliant Jewish businessman had managed to create one of the largest beer distributorships in the nation. A significant amount of the beer sold in New York City and the greater metropolitan area is distributed by this Jewish-owned company. Alas, the beer was not being sold for Pesach.
A certain Reb Kalman Weinfeld had heard a Shabbos HaGadol derashah from Reb Don Yoel Levy and decided to take it upon himself to see if he could speak to the owner. The owner took a liking to Reb Kalman and managed to make a tikkun. The owner of the company took the matter quite seriously and calculated the value of the sale of the company for that period of time.
For their own reasons, some of the other kashrus agencies were not fully satisfied with the nature of the sale for this year. Indeed, this year, the CRC (Satmar hechsher) and the Star-K both issued alerts about the fact that it was not to be used. The Star-K issued its alert prior to the sale. The CRC issued its alert after the sale. Some 114 different brands of New York beer were affected. The Star-K site recommends, for now, that these beers not be consumed until June, when the stocks of beer in any particular store will be depleted.
It should be noted that both the CRC and the Star-K agree that what the OK did was certainly a worthwhile and meritorious thing. It is just that they feel that the sale was not up to their standards.
What are the halachic issues at play here? The OK sale was certainly done under instruction of a talmid chacham. Indeed, an inquiry to OK Laboratories revealed that the well-regarded Belzer Dayan was instrumental in advising as to how the sale should be done. So what was it that may have been questionable?
When There Is A Doubt
If we are not sure whether or not something truly is chametz S.A.H.P., this is termed safek chametz S.A.H.P. The Mishnah Berurah (449:5) rules that when there is a doubt, one may eat safek chametz S.A.H.P. in a case of need. It is, however, a debate among the poskim.
Doing Business Over Pesach
But there is yet another question. Many of these companies unquestionably still do business over Pesach with chametz. Is there any inyan to be stringent based on the idea that selling an ongoing business on Pesach with chametz may invalidate the selling of the chametz that the rabbi performed prior to Pesach?
Most poskim hold that it does not invalidate the sale and that which the company is buying and selling over Pesach is product that actually belongs to a goy. The issue, however, is also a debate among the poskim.
The Maharam Schick (O.C. #205) rules that the fact that the irreligious store owner is still conducting business demonstrates that the sale is, in fact, a sham sale. This is also the view of the Minchas Shai, the Divrei Malkiel (4:24), and the Sdei Chemed (Chametz 9:35).
Rav Moshe Feinstein, zt’l, (I.M. O.C. I #149) and the Divrei Chaim (II #46) both permit it, however. Rav Moshe Feinstein writes that there is no concern whatsoever and no need to be stringent since the essence is that the rabbi had sold it. The Chelkas Yaakov (III #31) seems to be lenient as well.
The Issue Of ‘Only A Halachic Sale’
There also may be another issue. What happens if the owner insists that the sale only be a halachic sale and not a legal sale? This issue was debated back in Europe; the Chasam Sofer permitted it, while others forbade it. The Chasam Sofer’s rationalization is that even if it is an invalid sale in the eyes of secular law, the purchaser could go to the beis din and they will enforce it.
Some people question the Chasam Sofer’s explanation in contemporary society. Here, the beis din has absolutely no authority over a non-religious Jew, while in Europe they did. Does the Chasam Sofer’s rationale sill apply? Many poskim hold that it does. Others have said that the Chasam Sofer’s position does not apply when the beis din has absolutely no control or influence.
Mechirah L’Zman
One of the issues in this particular sale is that it was done for a specific, limited period of time—a mechirah l’zman. There is a great controversy in halachah about a temporary sale in terms of chametz. The Shach holds that a mechirah l’zman does not work because there is still responsibility on the chametz. Other poskim disagree and permit it.
Conclusion
Regardless, even though there may be three halachic doubts working against the consumption of this beer, the aforementioned ruling of the Mishnah Berurah regarding a safek might still apply. Of course, each person should ask his own rav. If any rav or posek would like to discuss the details of this particular sale, he can contact the author. Either way, we should all be thankful that the owner of the company did make the effort to accommodate the observant Jewish community.
The author can be reached at yairhoffman2@gmail.com.
Brands Of Beer In Question
- Bavik
- Blue Moon
- Bohemia
- Boon
- Brasserie
- Brooklyn Brewery
- Captain Lawrence
- Carib
- Carta Blanca
- Chang
- Colt 45
- Coney Island
- Coopers
- Coors
- Corona
- Cristal
- Cusquena
- Czechvar
- Dos Xx
- Dupont
- Earthquake
- Empire
- Estrella Damm
- Fire Island
- Foster’s
- Genesee
- Goldstar
- Grolsch
- Guinness
- Gulden Draak
- Hacker-Pschorr
- Harlem Brewing Company
- Harp
- Heineken
- Hollandia
- Honey Brown
- Icehouse
- Imperial
- Innis & Gunn
- Ithaca
- Keegan Ales
- Keystone
- Killian’s
- Labatt Blue
- Lake Placid
- Lech
- Leinenkugel
- Mackeson
- Magic Hat
- Magnum
- Menabrea
- Miller
- Milwaukees Best
- Modelo
- Molson
- Monk’s Café
- Moosehead
- Moretti
- Murphy’s
- Mythos
- New Belgium Brewing
- New Castle
- Newburgh
- Not Your Father’s
- Olde English
- Oyster Bay Brewing
- Pabst Blue Ribbon
- Pacena
- Pacifico
- Palm
- Paulaner
- Peak Organic
- Peroni
- Petrus
- Pilsen
- Pilsner Urquell
- Piraat
- Popperings
- Prestige
- Quilmes
- Red Stripe
- Redd’s
- Revolution Brewing
- Rodenbach
- Samuel Adams
- Saranac
- Schofferhoffer
- Schwaben
- Sea Dog
- Shiner
- Shipyard
- Sly Fox
- Smithwick’s
- Sol
- Southampton
- Staropramen
- Sweet Water Brewing
- Switchback
- Tecate
- Tennent’s
- Theakston
- Third Shift
- Tiger
- Tona
- Traveler Beer Co.
- Troubadour
- Tsingtao
- Two Roads
- Tyskie
- Uinta
- Victoria
- Waterfront Brewing Co.
- Wittekerke
- Zhiguli
