One of the guiding principles in responding to questions of Jewish law is the economic
impact one’s decision will have on the questioner. The principle of hefesed meruba – a
great monetary loss - allows, perhaps obligates one to override many of our rabbinic
prohibitions. It even allows for the non-performance of positive biblical commands if the
costs of observing the mitzva reach 20% of ones income (Biblical prohibition can only be
over ridden in cases of pikuch nefesh – danger to life, and according to some authorities,
limb).
The expense of making Peach make this issue most germane. Especially at this time of
year those of means must be most conscious of their communal obligations to the less
fortunate of society. The laws of Pesach as codified in the Shulchan Aruch begin by
describing the mitzvah of maot chitim providing the poor with the basic holiday
necessities, holidays being a time when poverty takes a greater mental toll than usual.
The codes discuss residency requirements both for those giving and receiving the charity,
requirements that in many ways parallel those found in Canadian tax code vis a vis
determining residency status for tax purposes.
Pesach is time when many Jews from across the religious spectrum are more meticulous
in their religious observance. Nonetheless one must be careful that these “higher”
standards do not come at too high a price. One who receives a subsidy for Jewish
education, for example, should not be spending upwards of $20 a pound on hand made
matza when perfectly kosher matza is available for a fraction of the price. Rabbinic
leaders would commonly decree communal boycotts of items when they felt that prices
had been unfairly raised often depriving even the rich of i.e. fish for the holidays.
However nothing has had a more profound effect on the economics of Passover than the
selling of chametz to a non Jew for the duration of Passover. A cursory reading of the
Torah makes it quite clear that we are to destroy all reminanats of chametz in our
possession; using a legal fiction transfer ownership to a non Jew seems, shall we say
unkosher.
Yet in our modern day economy legal fictions a.k.a. corporations have been created for
the sole purpose of making it easier to make money. Lawyers and accountants constantly
concoct plans to legally present transactions in such a way that will be beneficial to their
clients who pay good money for such advice. A simple common example will suffice
applicable to those who have mortgages and investments. By properly structuring the
taking of the mortgage, interest can be made tax deductible – not structured properly one
will pay thousands extra in taxes – thought in effect they are the same – except for legal
fiction. So selling chametz in really no different. That being said in societies when food
did not keep for long and destroying chametz (or giving it to your non jewish neighbour)
cost little there was no need (or desire for selling chametz. But in our modern day
ecomnoy where people can have thousands, and those in the food industry can have
millions of dollars worth of chametz our rabbis applied the talmudic maxim that “G-d is
concerned for the money of the Jewish people.” Thus for those with only small amounts
of chametz it seems appropriate that instead of relying on the sale of chametz one donate
the food to a food bank – thereby getting rid of our chametz and fulfilling an act of
tzedakah at eh same time.
