Tuesday, April 25, 2017

halacha - Buying from non-Jews, or selling to non-Jews, within three days of their holidays


Yoreh De'ah 148:1 says, in part:



שְׁלשָׁה יָמִים לִפְנֵי חַגָּם שֶׁל גּוֹיִים עוֹבְדֵי אֱלִילִים אָסוּר לִקַּח מֵהֶם וְלִמְכֹּר לָהֶם דָּבָר הַמִּתְקַיֵּם. וּמֻתָּר לִמְכֹּר לָהֶם דָּבָר שֶׁאֵינוֹ מִתְקַיֵּם עַד יוֹם חַגָּם, כְּגוֹן יְרָקוֹת וְתַבְשִׁיל.



R' Pesach Feldman translates:



Three days before the festival of idolaters, one may not buy from them, or sell to them something that lasts. One may sell something that will not last until the day of their festival, such as vegetables or a cooked food.




(To learn about the reasoning behind the law, see here.)


But there's a catch. Even though this law is in Yoreh De'ah, it's neither widely publicized nor widely talked about. In fact, I'd never even heard of the law's existence until I was in my thirties, when I saw a certain comment by Mi Yodeya moderator Double AA.


In general, is the above law still applicable in America nowadays?


See also this related question.



Answer




In a 5775 issue of Halachically Speaking, R' Moishe Dovid Lebovitz of Kof-K Kosher Supervision writes:



Practically speaking, we do business with non-Jews every business day of the year, even on their holidays. Many heterim are offered for this practice. [See: R' Ari Wasserman. Higyonei Haparsha: Shemos. Pages 276-278.]





R' Lebovitz was citing R' Ari Wasserman (who teaches at Aish Gesher). But, when you look at his actual words, R' Wasserman also cites some stricter opinions. See the first two paragraphs of page 7 of this PDF.


(His website's copyright policies are strict, and I haven't emailed to request an exception. In case the link breaks, I've used the Wayback Machine's "Save Page Now" tool to save copies here.)


R' Wasserman also offers alternatives to his above PDF: a Hebrew version and an audio file.



In the end, ask your rabbi.


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