Question: What should a person do if he inherits chametz from his irreligious father on Pesach?
Short Answer: The poskim dispute whether he needs to destroy this chametz on Pesach and whether it is permitted after Pesach. The Mishnah B’rurah appears to permit it after Pesach.
Explanation:
I. The Noda BiYehudah
The Noda BiYehudah (Bava Kama 20) was asked about a person who died after chatzos ha’yom on Erev Pesach, but he had not sold his chametz nor had he been m’vateil his chametz before he died. Are the heirs obligated to destroy the inherited chametz before Pesach begins, so as to avoid violating bal yeira’eh? Also, if they fail to destroy it, is the chametz permitted after Pesach?
The Noda BiYehudah responded that the first question is easy. We pasken that chametz after the sixth hour is asur d’Oraisa. Accordingly, the chametz is worthless and not inherited by the children. Even though the Torah penalized the owner – that he violates bal yeira’eh even if the chametz is worthless – the Torah never penalized the heirs. Indeed, the heirs never acquire the chametz, even if it is physically in their possession. They simply need to build a m’chitzah around the chametz, similar to a non-Jew’s chametz in his possession. This is the case regardless of when he died – on Erev Pesach (after the sixth hour) or on Pesach itself.
The second question, however, is a bit more difficult. The prohibition to eat chametz she’avar alav haPesach (“CSAH”) is a k’nas to penalize the owner for violating bal yeira’eh. Here, the chametz itself becomes asur once the now-dead owner violated bal yeira’eh after the sixth hour on Erev Pesach. As such, the chametz should be forbidden after Pesach, as well. However, who says that the penalty carries over to the heirs? Indeed, the Gemara (Gittin 44a) asks this very question about various other isurim.
The Noda BiYehudah thus compares the case of inheritance to a similar case of stolen chametz. He proves that stolen chametz that is owned by the Jewish thief on Pesach and is returned after Pesach to the original owner is permitted to the owner after Pesach. Likewise, chametz that was inherited on Erev Pesach or on Pesach does not become asur to the heirs. He concludes that the heirs may benefit from the chametz they inherited on Erev Pesach.
II. Further Support
The Chok Yaakov (Orach Chayim 435:2) similarly rules like the Noda BiYehudah, that the heirs do not need to destroy the chametz. The son does not inherit the isur of his father. Further, it is a “chidush” that the Chachamim consider the chametz “in your possession” after the z’man isur, and this chidush is not applicable to the son.
III. The Shulchan Aruch HaRav
The Shulchan Aruch HaRav (Kuntres Acharon, Orach Chayim 435) disagrees with the Chok Yaakov. First, he proves that an heir can inherit isur. Second, the Gemara (Kiddushin 17b) implies that a son does automatically inherit isur from his father. The Gemara proves that a ger only inherits his non-Jewish father according to Rabbinic law. Thus, he may tell his non-Jewish brother that he wants to split the inheritance in a manner where he avoids acquiring items that are forbidden to him. However, if he inherited according to d’Oraisa, this would not work, as the forbidden items are already (partially) in the Jewish son’s possession the second the father dies.
IV. Practically Speaking
The Mishnah B’rurah (Orach Chayim 435:3) cites both opinions but appears to rule like the Chok Yaakov, that no b’dikah or biur is needed by the son. Presumably, the chametz is also permitted after Pesach.
The Chazon Ish (cited in FN 7 to Dirshu Mishnah B’rurah) disagrees and holds that if the father died on Erev Pesach or Pesach itself, the chametz becomes asur after Pesach.
V. Interesting Sidenote
Rav Menashe Klein zt”l (Journal Ohr Yisroel, Vol. 15, p. 60) rules, based partially on the Noda BiYehudah, that we may sell chametz to a non-Jew who has a son who is a convert. Even if the father dies on Pesach, all the chametz will not become asur after Pesach.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
