By Rabbi Yair Hoffman for the Five Towns Jewish Times

Americans love beer.  Beer is the third most popular drink in the world, after tea and coffee.  On average, each American consumes 2 and 1/3 gallons of it every month.  Religious Jewish men like beer as well, and it seems to be a staple item at Shalom Zachars – the traditional meal where appreciation is expressed to the Creator for having allowed the baby to be born.  Beer is also subject to the prohibitions of Chometz sh’avar alav haPesach – Chometz that was owned by a Jew over Pesach (henceforth – Chometz S.A.H.P) if it was not properly sold.

Most observant Jews know to avoid Chometz 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 owner sold the Chometz that belonged to them.  The issue is not just about the store owner, however.  If the store purchased its Chometz from a Jewish wholesaler, then that too can present a problem.

[RELATED: ALERT – Conflicting Reports Regarding Kosher Status Of Beer In Tri-State Area After Pesach]

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 scheduled to be sold prior to Pesach.

A certain Reb Kalman Weinfeld had heard a Shabbos HaGadol drasha 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 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 the year 2018.  It is this author’s opinion that the Mechira (sale) done for the year 2019, however, was done without a hitch.  According to this author’s understanding, two sales were performed and the owner did not enter the premises all Pesach.  Some still question it, but this author feels that the sale was done in the best manner possible.

Indeed, in 2018, the CRC (Satmar Hechsher) and the Star-K both issued alerts about the fact that it was not to be used by their respective supervisions as either it was not sold or they felt that the sale failed to address certain issues.  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 late May or 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 agreed 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 HALACHA IS BEHIND THESE DIFFERENT POSITIONS?

What are the halachic issues at play here?  The OK sale was certainly done under instruction of a Talmid Chochom.  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 Chometz S.A.H.P. – this is termed “Safaik Chometz S.A.H.P.”  The Mishna Brura (449:5) cites a view that when there is a doubt one may eat Safaik Chometz SAHP.  It is, however, a debate among the Poskim.  Poskim have ruled that when there is a need one can rely on the lenient view.

DOING BUSINESS OVER PESACH

But there is yet another question:  Many of these companies unquestionably still does business over Pesach with Chometz. Is there any inyan to be stringent based on the idea that selling an on-going business on Pesach with Chometz may invalidate the selling of the Chometz 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 Chometz is product that actually belongs to a goy.  The issue, however, is a debate among the Poskim.

The Maharam Shick (OC #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 (Chometz 9:35).

Rav Moshe Feinstein zt”l (Igros Moshe OC I #149) and the Divrei Chaim (II #46) both permit it, however.  Indeed, 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 of the owner insists that the sale only be a halachic sale and not a legal sale?   This issue was debated back in Europe – where the Chasam Sofer (Teshuvos Orech Chaim #113) permitted it, while others, such as Rav Boruch Frankel the Av Beis Din of Lipnik, 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 Bais Din has absolutely no authority over a non-religious Jew, while in Europe they did.  Does the Chasam Sofer’s rationale still apply?  Many Poskim hold that it does.  Others have said that the Chasam Sofer’s position does not apply when the Bais Din has absolutely no control or influence.

MECHIRA L’ZMAN

One of the issues in this particular sale is that it was done for a specific limited period of time – a Mechira L’Zman.  There is a great controversy in halacha about a temporary sale in terms of Chometz.  The Shach and other Poskim (see Chazon Ish EH 74:15 regarding the opinion of the Rambam) holds that a Mechira L’zman does not work because there is still responsibility on the Chometz.  The Kinyan is only one of Peiros and not for the substance of the item.  This is also the opinion of Rav Shlomo Kluger (HLS 33) and the Maharsham (VI:27).  Other Poskim, such as the Rosh (Responsa Klal 35) and the Ktzos HaChoshain 241:5 and 257:3 disagree and permit it.  It is also unclear as to whether Chazal created a prohibition for Chametz when the issue is only one of Achrayus – responsibility.

CONCLUSIONS

Regardless, even though there may be three halachic doubts working against the consumption of this beer, the aforementioned ruling of the Mishna Brurah regarding a Safaik might still apply. It is this author’s opinion that the sale is, in all probability still valid, at least bdieved.   Of course, each person should ask his own Rav.   If any Shul Rav or Poseik would like to discuss the particulars of this particular sale – they can contact the author.  Regardless, we should all be thankful that the owner of the company did make the effort to accommodate the observant Jewish community.

Below is the list of the beers in question.

The author can be reached at [email protected]

[EDITOR’S NOTE:  We have received a few inquiries from people who are unfamiliar with Rabbi Hoffman.  A letter from Rav Yisroel Belsky is found below to those unfamiliar with him.  He is also the author of a number of seforim in halacha with Haskamos from numerous Gedolei Torah.

1. BAVIK
2. BLUE MOON
3. BOHEMIA
4. BOON
5. BRASSERIE
6. BROOKLYN BREWERY
7. CAPTAIN LAWRENCE
8. CARIB
9. CARTA BLANCA
10. CHANG
11. COLT 45
12. CONEY ISLAND
13. COOPERS
14. COORS
15. CORONA
16. CRISTAL
17. CUSQUENA
18. CZECHVAR
19. DOS XX
20. DUPONT
21. EARTHQUAKE
22. EMPIRE
23. ESTRELLA DAMM
24. FIRE ISLAND
25. FOSTER’S
26. GENESEE
27. GOLDSTAR
28. GROLSCH
29. GUINNESS
30. GULDEN DRAAK
31. HACKER-PSCHORR
32. HARLEM BREWING COMPANY
33. HARP
34. HEINEKEN
35. HOLLANDIA
36. HONEY BROWN
37. ICEHOUSE
38. IMPERIAL
39. INNIS & GUNN
40. ITHACA
41. KEEGAN ALES
42. KEYSTONE
43. KILLIAN’S
44. LABATT BLUE
45. LAKE PLACID
46. LECH
47. LEINENKUGEL
48. MACKESON
49. MAGIC HAT
50. MAGNUM
51. MENABREA
52. MILLER
53. MILWAUKEES BEST
54. MODELO
55. MOLSON
56. MONK’S CAFÉ
57. MOOSEHEAD
58. MORETTI
59. MURPHY’S
60. MYTHOS
61. NEW BELGIUM BREWING
62. NEW CASTLE
63. NEWBURGH
64. NOT YOUR FATHER’S
65. OLDE ENGLISH
66. OYSTER BAY BREWING
67. PABST BLUE RIBBON
68. PACENA
69. PACIFICO
70. PALM
71. PAULANER
72. PEAK ORGANIC
73. PERONI
74. PETRUS
75. PILSEN
76. PILSNER URQUELL
77. PIRAAT
78. POPPERINGS
79. PRESTIGE
80. QUILMES
81. RED STRIPE
82. REDD’S
83. REVOLUTION BREWING
84. RODENBACH
85. SAMUEL ADAMS
86. SARANAC
87. SCHOFFERHOFFER
88. SCHWABEN
89. SEA DOG
90. SHINER
91. SHIPYARD
92. SLY FOX
93. SMITHWICK’S
94. SOL
95. SOUTHAMPTON
96. STAROPRAMEN
97. SWEET WATER BREWING
98. SWITCHBACK
99. TECATE
100. TENNENT’S
101. THEAKSTON
102. THIRD SHIFT
103. TIGER
104. TONA
105. TRAVELER BEER CO.
106. TROUBADOUR
107. TSINGTAO
108. TWO ROADS
109. TYSKIE
110. UINTA
111. VICTORIA
112. WATERFRONT BREWING CO.
113. WITTEKERKE
114. ZHIGULI

The author can be reached at [email protected]