The Jewish tradition of selling one’s chametz (or chometz) – what is typically defined as wheat, oats, barley, rye and spelt – to a non-Jew just before Passover, only to later acquire the property back, seems like a curious custom. Yet each year, observant Jews all across the world sell their leavened foods, usually with the assistance of a rabbi, and restrict their diets to foods that are kosher for Pesach.
The Torah prohibits one from owning any of these five items during the eight days of Pesach (The Torah: Exodus 12:15; 13.7). What it doesn’t mandate or even discuss, is the contemporary custom of selling one’s wheat, oats, barley, rye or spelt products to someone who isn’t Jewish.
So what is the purpose of this tradition, and how did it become a worldwide Jewish custom?
The Mitzvah Against Owning Leavened Food
The legal contract that is drawn up and signed by observant Jews each Passover is a fascinating example of how Jewish tradition and culture continue to evolve over the centuries. The actual proscription against owning leavened goods in Exodus 13.7 (the Torah) states that “no leaven shall be seen with thee in all thy precincts.” In fact, rabbinical sources point out that Exodus 12.15 actually makes mention of destroying the products as a requirement for fulfilling the mitzvah against owning chometz.
Prior to the late Middle Ages, that is exactly what Jews did. Each year, before Pesach, individuals disposed of the items by eating or feeding the forbidden foods to their animals and then destroying the items they couldn’t use up prior to the holiday (Jewishmag: The Selling of Chametz ...March 2010).
Problems with this custom began to emerge as individuals began to expand their business practices, and started to acquire commercial property that included chometz. Examples that were common included liquor made from these foodstuffs. Destroying the stock that was left over each year could be ruinous and financially impractical (Aish.com, Selling the Chametz).
The Jewish Practice of Selling Chometz
Thus the rabbis sanctioned the practice of selling the leavened items to a non-Jew (Aish.com, ibid). Arrangements would later be made for the items to be repurchased at the end of Passover. While some community members chose to broker these arrangements themselves, rabbis eventually became the go-betweens, or formal representatives for selling one’s leavened goods, what became known as a mechirat chametz, or “deal” for the chametz. This ensured that the contract, called a shetar harsha’ah was done properly (Myjewishlearning.com: Leaven). It also served to ensure that there was a witness to the sale and provided a third party to broker the repurchase of the property.
Today this same process takes place in many communities, again with some slight modifications. It should be noted that this is actually a real sale, and not just a figurative measure for the sake of the holiday. A down payment, sometimes as little as a $1 is made by the purchaser, who is then extended the offer of a loan for the balance, due at the end of Pesach. A contract is then drawn up and signed (5as.org: Pre-Pesach Sale of Chametz, Apr. 29, 2008).
After Passover has ended, the rabbi will offer the individual who has purchased the chametz (and incidentally, usually the chametz for the entire Jewish community the rabbi represents – a sizable amount) and offer to broker a repurchase of the chametz. A higher fee is paid to the non-Jew (thereby compensating him for his inconvenience), and the property is returned to the Jewish community member. The transaction also benefits the rabbi or non-profit organization that has arranged the brokering, by providing a small stipend for the labor (5as.org, ibid).
Over the years, it also became custom to lease the room or property where the leavened goods are kept to the neighbor, as a means of maintaining a temporary residence for them during the Passover holidays. Doing so still accomplishes the intended goal, which is to divest the Jew’s ownership of the chametz during the seven days of Pesach observance (Jewishmag.com, ibid).
Passover in the Tractate Pesachim and Shulchan Aruch
Various halachic authorities have weighed into this topic over the years, ranging from Rambam to the 20th-century Ukranian scholar Rabbi Shlomo Yosef Zevin (Jewishpress.com: Q&A by Rabbi Yaacov Klass, Apr. 5, 2006). The most referenced sources on Passover halacha includes the Tractate Pesachim (or Pesahim) and the Shulchan Aruch. A number of other responsas, or responsive writings have been generated based on these two sources, some for and some against the practice.
The most straight-forward guide on Pesach practices is of course, the Shulchan Aruch. Written in the 16th century by Rabbi Joseph Karo (also spelled Caro), it provides a codification of Jewish law, a sort of reference book of the major decisions identified by the sages through the years. Since the writer was Sephardic, not all of the decisions that the Shulchan Aruch identified were necessarily agreed upon by Ashkenazi authorities of his time. Nevertheless, the Shulchan Aruch’s support of this practice is endorsed by most Orthodox and Conservative rabbis today (Jewish Encyc: Caro, Joseph B. Ephraim).
Reform Views on the Mechirat Chametz
And, not all Jews observe the practices of selling their chometz. According to the Central Conference of American Rabbis, Reform Judaism observes that their steps to “make leaven inaccessible in their homes” is symbolically enough to fulfill the mitzvah.
“While Jews have for centuries relied upon Gentiles to serve in such a capacity … the practice is inelegant at best and demeaning at worst. We prefer to fulfill our mitzvot on our own ….” The CCAR notes that the ancient practice of bitul, or reducing or disregarding the identity of the item as food, “allows us to meet the Torah's demand that we remove our chametz without incurring severe financial loss” (CCAR: Pesach Kashrut and Reform Judaism, 2007).
Ashkenazi Practices at Passover
Of those who observe the tradition, Ashkenazi Jews generally include kitniyot with the forbidden foods, in an effort to ensure that no chametz is overlooked (i.e., wheat berries that might accidentally become mixed in with legumes). The kitnyot that is usually removed from use during this period by Ashkenazim include rice, corn, mustard seeds and various forms of legumes (Globalgourmet.com: What is Sephardic Cuisine?.
Sephardic Jews do not subscribe to this practice, and limit their removal of chametz to only those items suspected of having been made with one of the five grains.
Sources:
- The Pentateuch, Exodus (Vol. II), Samson Raphael Hirsch (ed. and trans.) Judaica Press, Ltd., Gateshead 1989
- jewishmag.com/142mag/selling_chametz/selling_chametz.htm
- aish.com/h/pes/l/48964901.html
- myjewishlearning.com/holidays/Jewish_Holidays/Passover/At_Home/Leaven.shtml
- data.ccarnet.org/cgi-bin/respdisp.pl?file=9&year=5756
- jewishencyclopedia.com/view.jsp?artid=188&letter=C#668
- 5as.org/content/default.asp?artid=268
- globalgourmet.com/food/egg/egg0497/sephardic.html#axzz1HryMJ3Nb
Jan Lee - Jan Lee has been writing for online and print publications for more than 20 years and have been published in five countries.
Join the Conversation