Working in a Bakery on Chol HaMo’ed Pesach

  • Living The Halachic Process
  • part 7
  • Rabbi Daniel Mann
Question:
I am the only religious Jewish worker in a bakery that is owned by non-Jews and which has a hashgacha during the year but not for Pesach (as they sell chametz on Pesach). I believe that if I take off on Chol HaMo’ed, they will fire me. May I work then?
Answer:

Concerning work on Chol HaMo’ed (e.g., Chol HaMo’ed Sukkot), one of the broad bases for leniency to allow performing melacha is davar ha’aveid (significant loss).[1] Therefore, you may go to work on Chol HaMo’ed even if you will have to perform melacha, if the alternative is losing your job.[2]
Working with chametz on Pesach, however, raises serious problems. In one of our responses,[3] we discussed parameters for working with non-kosher food in various capacities. We dealt with various opinions on a few issues: the possibility the worker will eat the non-kosher food or commerce in non-kosher food, as well as the possibility of violating lifnei iver (facilitating an aveira). According to our analysis, we would rarely condone holding a job such as being a waiter in a non-kosher restaurant, for a combination of reasons.
Working directly with chametz on Pesach entails additional obstacles that are even more difficult to overcome than working as a waiter in a non-kosher restaurant. First, the level of concern about eating something prohibited is more severe regarding chametz than it is regarding other forbidden foods. The Rama[4] forbids buying chametz on behalf of a non-Jew on Pesach, whereas we do not find a parallel prohibition regarding most non-kosher foods. One of the reasons for being strict regarding buying chametz is the concern that the Jewish buyer might come to eat it.[5] This is in line with the halacha that one who is watching a non-Jew’s chametz in his house (without accepting monetary responsibility) must construct a partition in front of it. In this context as well, we do not find any parallel requirement regarding other forbidden foods.[6] It is thus certainly forbidden to work in a manner in which there is ongoing, direct physical contact with chametz on Pesach.[7]
There is another reason to forbid work dealing with chametz. It is forbidden on Pesach not only to eat chametz but also to benefit from it.[8] The most direct applications of this prohibition are direct physical benefit from chametz and selling chametz. However, there are also broader types of benefit known as rotzeh b’kiyumo (one wants the forbidden object to exist). The main Talmudic sources[9] on this type of rotzeh b’kiyumo appear in the context of yayin nesech (strictly forbidden wine), and almost all Rishonim and poskim maintain that it also applies to chametz. This prohibition includes situations in which the Jew has only indirect and minor interest in the chametz.[10] For example, the Magen Avraham[11] explains that the reason the Rama forbids buying chametz for a non-Jew is also because of rotzeh b’kiyumo. Since you will be paid for your work with chametz, this restriction would seem to apply to you.
Is it considered rotzeh b’kiyumo if you forgo pay for your work on Pesach, and thus ostensibly do not benefit from the chametz? In the case of yayin nesech, this does not help, as one may not watch yayin nesech even for free and without responsibility to pay for loss, because a watchman feels bad if he does not do his job well and is thus interested in the continued existence of the wine.[12] Acharonim disagree as to the permissibility of a scenario in which one suffers when chametz is lost but does not gain positively from its presence. Some forbid such a situation only with regard to yayin nesech, assuming that we treat it more stringently than chametz in this context.[13] Various distinctions are suggested in order to reconcile apparent contradictions in this matter. According to one particularly pertinent distinction, a person may not perform an action that involves interaction with chametz on Pesach.[14] In your case, almost all opinions would consider your work forbidden due to rotzeh b’kiyumo, as you would be actively working with chametz and would be benefitting from that work. Even if you relinquish the pay you are due, your right to continued employment, and future pay as a result, is a benefit of your agreement to work with the chametz.
Therefore, we believe you are forbidden to work with the non-Jews’ chametz on Pesach, both because of the possibility you might eat it and because of the semi-direct benefit from it.

** Notes:
[1]
Shulchan Aruch, Orach Chayim 537:1.

[2]
Shemirat Shabbat K’Hilchata 67:11.

[3]
Living the Halachic Process, vol. VI, E-6.

[4]
Orach Chayim 450:6, based on Shut HaRivash 401.

[5]
Shut HaRivash op. cit.; Mishna Berura 450:21.

[6]
Pesachim 6a; Mishna Berura 440:13.

[7]
See also Yabia Omer IV, Yoreh Deah 6.

[8]
Pesachim 21a.

[9]
See Avoda Zara 63b.

[10]
See many examples in Orach Chayim 450.

[11]
450:10.

[12]
Shulchan Aruch, Yoreh Deah 133:6.

[13]
See Mekor Chayim 450:7.

[14]
Shut Maharam Shick, Orach Chayim 225.

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