kahn@crvax1.DEC (05/11/85)
>>>The situation is even more absurd. This passover some sefardi friends >>>of mine had a Russian Jewish couple as guests at the hagadah. Of >>>course, they would eat very little of what was specifically prepared for >>>passover. Since Sefardim consider comensality extremely important, such >>>behavior is considered rude and crude *but beyond this they brought their >>>own Lubovitcher matzah which was hadash and therefore 'asur mide'oraita' >>>until the third day of passover.* >>Bringing Hadash is not a faux pas but an invitation to sin. Hadash is >>just as much forbidden mide'oraitah to Ashkenazim as it is to Sefardim. > One last point. Why do you assume the Ashkenazim to be so unversed > in the Torah as to permit the eating of chadash ( the Torah prohibits > the eating of grain which had not taken root by Pesach. The grain planted > in the winter takes root by Pesach and is therefore permissable. The > summer wheat, however, is prohibited until the second day of Pesach.). The question that has been raised here is: Why do most Ashkenazim not seem to keep the issur of chadash? This week's parsha, Emor, contains the issur of chadash. Perek (chapter) 23, Possuk (passage) 14 states that we are not to eat any bread made from wheat that has taken root before the Omer has been brought in the Bais Hamikdash. This is a very beautiful and important mitzvah; the Sefer HaChinuch states that our restraint in this matter shows our gratitude to Hashem for supplying us with our daily bread. It is similar to making a brocho (blessing) before eating. Appreciation for favors granted us (Hakoras Hatov) is a hallmark trait of the Jew, say our chazal (sages). Rashi on this possuk brings down a gemorroh (Talmud) Kedushin 37a that discusses whether chadash is applicable outside of Eretz Yisroel; the possuk states "in all of your boundaries" which normally refers only to Eretz Yisroel (Israel). The major consensus among poskim is that it applies to outside of Eretz Yisroel as well.(Rif,Rosh,Rambam) Another question, though, is whether chodosh applies to grain grown by a non-Jew. The Tur in Yoreh Deah Siman 293, Sif 2 states that chodosh applies to all grain no matter where it is grown or who grows it. This would seem to follow the view of of the Ri in Tosphos in Kidushin, and of the Mordechai,Maharam,Rosh, and the Smak to name a few. The Bach, however, defends the European custom of eating chodosh by bringing arguments that chodosh does not apply to grain of a non-Jew. This discussion is a very complicated one and covers many pages of pro and con argument. Anyone interested can look at the Bach in the Tur. The Bach mentions by name many Gdolim of his time (over 300 years ago) that did not keep chodosh and ends his psak by stating that keeping chodosh with grain of a non-Jew is a Midas Chassidus (only for very pious people) and people that are not pious in other aspects of their lives should not make themselves look pious merely by keeping chodosh. This Bach is the basis of the minhag of the Ashkanazim OUTSIDE OF ERETZ YISROEL not to keep chodosh. Israel today imports over 80% of its grain from outside the country, and the same reason would apply to those not keeping chodosh there. The Shulchan Aruch decides like the Tur and the Gra (Gaon from Vilna) there argues strongly AGAINST the Bach stated above. The Torah Tmimah in Emor mentions the Gra and discusses the problem there in brief. You will notice that those from Brisk, Lithuana although Ashkenazim, are very careful not to eat chodosh, because of this psak. The Ramah, by the way, in the Shulchan Aruch mentions a similar answer to that mentioned by Eliyahu Teitz, depending on a Sfek Sfeiko for grain eaten after Passover that possibly grew after Passover. I'm really rushing this, as it is Erev Shabbos, and I've got to get home. The point here is that the issur (prohibition) of eating chodosh is a very complicated issue. Those with the custom to keep chodosh on grain of a non-Jew are very fortunate to be able to keep this important mitzvah. My parents come from Germany and I do not have this ruling -- we hold like the Bach. Let us all not judge the next Jew before we have thoroughly looked at the situation. Our sages say that a person that does not judge his fellow man (Lkav Zchus) with the benefit of the doubt (where it is merited) may in turn, G-d forbid, find himself judged harshly by Hashem. Have a good shabbos. Shevuos is coming up, use the present Hashem gave us -- learn Torah. Dovid Kahn