[Avodah] [Areivim] No Basis for Prevalent Post Passover Practice

[Zev Sero]

Moshe Feldman wrote:
 
> Simple: we can rely on ha'arma much more easily for a derabbanan 
> (chametz she'avar alav ha'pesach) than for a deoraisa (possessing 
> chametz during Pesach).

We don't even have to come on to that (there's another Yiddishism
for you, RTK; I'm perfectly aware that it has no meaning in English).
Even if ChShAhP would be de'oraisa (or rather have the strength of
a de'oraisa) this would be OK.  ChShAhP is a kenas; we can't buy it
in order to punish the person who held it over Pesach, by denying
him the benefit of being able to sell it.  If he can't sell it, then
next year he won't keep it over Pesach.  But in our case he had the
right to act as he did!  Even those who choose to regard mechiras
chametz as a bit dubious, and are machmir not to use it for themselves,
must surely acknowledge that it does have the support of most poskim,
and therefore those who do rely on it are acting within their rights,
and do not deserve to be punished.

Let's suppose there were a similar issur on doing business with any
Jew who eats chelev, in order to punish him and induce him to mend
his ways.  It seems obvious to me that we would nevertheless be allowed
to deal with the Benei Rhenus, the Rhineland Jews who ate what we
regard as chelev de'oraisa, but for which they had a legitimate heter.
After all, the Shulchan Aruch even allows us to eat in their homes and
from their pots, which we assume not to be benei yoman.  Surely they
would not be affected by such a kenas.

And according to the author of the teshuva incorrectly ascribed to the
Ramo, which says the Moravian Jews have ne'emonus even though they
drink goyishe wine, because we assume they are relying in good faith
on an *illegitimate* heter they once got, surely the same would apply;
they would not be covered by any kenas that was imposed on drinkers of
stam yeinam.

Haint kol shekein in our case, where the heter is not only legitimate
but the majority view and widely accepted, no kenas can apply to those
who rely on it, even if a significant minority choose not to rely on
the heter for themselves.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher