Kashrus and the Kitchen (6)
Benefiting from Basar Becholov-Related Work. Last week we introduced the topic of “Mistacher B’issurei Hana’ah” - profiting from work done with basar becholov or Chometz during Pesach, or even after Pesach if it was owned by a Yid over Yom Tov. The example we mentioned was a trucking company that was hired to transport issurei hana’ah. (Note: One item mentioned was pet food. This was not referring to treifa pet food but only pet food that was basar becholov.) It is prohibited to have even this indirect benefit, so one cannot accept this job. If he already did the job, he may not accept payment. If he did accept payment, he may use the money, as explained in Mishna Berura (1).
The question has been raised about one who was paid by check. Do we say that it is like already having been paid or since he has to still go and cash it, he may not do so? R’ Shloime Miller shlit’a rules lechumra (Commerce and Issurei Hana’ah pages 26 and 48). If this case would happen by gentile wine nowadays, the halacha is a little more lenient. The reason is that since nowadays it is not common for gentiles to serve their idols with wine, we are lenient in cases of loss to allow benefit. Therefore, if one already did the work, it is a loss for him not to get paid and he is permitted to take the money. However, in hindsight, he should not have accepted the job. (Note: In the above mentioned case, one is not even allowed to broker such a deal. The source of this halacha is a Pri Megadim quoted by the Mishna Berura (2).)
Jewish Nurse Feeding Basar Becholov to a Gentile Patient. In nursing homes and hospitals where patients are often fed by nurses, there is a debate among the Poskim if they can administer issurei Hana’ah. Some hold that it is prohibited to take the job, while the Tzitz Eliezer (3) permits it. His logic is that a nurse is employed to give a patient whatever he/she needs and the nurse has no benefit from giving the patient basar becholov over other foods. If the patient is Jewish, there is a serious problem of “Lifnei Iver” - causing a Jewish person to sin.
Doing a Favor for a Gentile. One is not allowed to purchase basar becholov for a gentile worker even with the money of that gentile, This is because the gentile is grateful for the favor and will probably do a favor back for the Jew, and this is called deriving benefit from basar becholov. This case also has its source in the laws of Chometz in the R’MA (4).
(1) משנ"ב תנ:י (2) שם:כג (3) ציץ אליעזר יז:לג (4) עיין רמ"א הל' חמץ תנ"ו
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