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A Moral Dilemma to Ask Your Family at the Pesach Table: “The Hostile Takeover”

By Rabbi Yitzy Weiner

Posted on 04/21/16

Parshas HaShavua Divrei Torah sponsored by
Dr. Shapsy Tajerstein, DPM - Podiatry Care.
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There is a mitzva to destroy chometz before Pesach. One way we get rid of chometz is by burning it. Another way we get rid of chometz is by selling it to a non Jew. There is also a mitzva not to own chometz over Pesach. Our Sages have decreed that if one did own chometz over Pesach, it can no longer be eaten even after Pesach.


How would you answer the following true story that involves the mitzva of selling chometz?


Yoni owned a small company that manufactured and sold pretzels and other similar snacks. All of his snacks were chometz. For several years, before each Pesach, Yoni would  arrange for his factory and all of the chometz that it contained to be sold to Peter Wilson, a non-Jewish colleague of his. This colleague also happened to own a food business and Yoni often did business with him. The value of the factory and all of the chometz was close to half a million dollars. Before Pesach, in accordance with the accepted custom, Peter paid a relatively small deposit on the chametz that he bought. In past years, Peter would return his deposit and resell the chometz back to Yoni. This year however, Peter did something different. After Pesach was over Peter presented Yoni with a check of close to $500,000. “What is this?" asked Yoni. Peter replied, “This year I want to buy you out”.  “What do you mean?”, Yoni asked with alarm. “Well, the truth is, your products really compete with mine and I would like to buy you out so that you no longer compete with me, Peter said. “But what do you mean, we have been friends for years, asked Yoni.” “I keep my business interests and social interests separate”, answered Peter. “Yoni, you already sold me your factory. I paid a deposit. Now let’s finish this deal. You already gave me your word that you were selling this”.


Yoni felt very torn. Yes, he sold his factory to Peter for Pesach, but as in past years he expected to buy it back after Pesach was over. This year Peter intended to perform a sort of “hostile takeover” of Yoni’s company.  Does Yoni have to go through with the deal?


On one hand, perhaps he is allowed to back out of the deal because it was never fully finalized. Maybe he does not have to follow through with the deal in a case when he was tricked into a hostile takeover. On the other hand, if he does not go through with the sale it will be clear that it was never a sincere sale of his chometz over Pesach.


What is Yoni’s obligation both in terms of the mitzva not to have chometz on Pesach, as well as the mitzva to keep one’s word in business?


Answer for last week’s moral dilemma


According to the opinion Rav Yitzchak Zilberstein, the woman was allowed to do what she did because it was an opportunity to prevent the young women from gossiping in the future. If one has no other option, one is allowed to change the truth and cause temporary pain in order to stop one form slandering another.  See Veharev Na Volume Three Hebrew Edition Page 345