# Israeli making pizza on last day of Pesach in the Diaspora

A Jew who lives in the U.S. own a pizza store. He wants to be sure that he has plenty of fresh pizzas ready to sell as soon as Pesach is over. So, before Pesach, he sells his chametz to his Israeli brother. The Israeli brother sells his chametz, including the batch brought from his U.S. brother, via his rav in Israel. Now the Israeli brother flies to the U.S. for Pesach. Since the Israeli does not celebrate the 8th day of Pesach, and the chametz has been bought back by the Israeli rav, the Israeli goes to the pizza store and bakes pizzas on our 8th of Pesach. Is there any problem with this procedure? Can one buy the pizza after Pesach?

BTW - the gates to the pizza store are down so there is no problem of mares ayin if someone from the neighborhood passed by the store on the 8th day of Pesach and saw it open. There MAY be some questions when people come in after Pesach and wonder how so many pizzas were baked so quickly after the end of Yom Tov.

We can also assume that even if there is a requirment for the Israeli to "observe" the 8th day of Yom Tov, the fire was lit from a pre-existing flame, so there is no melacha involved. We can further assume that he was not preparing for after Yom Tov since the Israeli ate some of the pizza, himself.

Please focus your answers on the issue of the chametz problem only; not the melacha problem, as there is none involved. Food preparation is permitted on Yom Tov.

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It's questionable that the brother wouldn't have to observe the eighth day in this situation. – Tatpurusha Apr 8 '14 at 16:24
@Tatpurusha The OP is clearly working under the assumption that the brothers' rabbi(s) holds that he wouldn't have to. – Double AA Apr 8 '14 at 16:58
As I understand it, if it's not Yom Tov for the Israeli, then the question of melacha wouldn't apply, anyway. But, in either case, for purposes of the discussion, we can assume that the source of the oven fire came from a pre-existing flame. The rest is food preparation which is permitted on Yom Tov, anyway. – Dan Apr 9 '14 at 14:46
@Dan Is your understanding based in anything, because it flies in the face of traditional Jewish sources? Anyway, you will be much better off without the Israeli eating any pizza. – Double AA Apr 9 '14 at 15:31
@Dan note one of the answers points out that he is forbiddent to eat any chametz on the eighth day. Thus, one of the assumptions that you added is forbidden from the beginning. – sabbahillel Apr 9 '14 at 17:36

Aruch Hashulchan 496:5 says that it is forbidden for a Ben Eretz Yisrael to eat Chometz in Chutz L'Aretz on Acharon Shel Pesach.

ויש מי שאומר דבן ארץ ישראל הבא לחוץ לארץ – אסור לו לאכול חמץ באחרון של פסח בכל עניין, אפילו דעתו לחזור. ונכון הוא, דזה גריע ממלאכה.‏

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Actually it says the brother can't eat the pizza. It doesn't say he can't own it. Furthermore it would be nice if you could address the possibility that Amira leNochri could be used by the brother to get workers to come bake the pizza. There's no maras ayin there, likely. – Double AA Apr 8 '14 at 17:41
@DoubleAA: There is no Maris Ayin with a non Jew working in a Kosher Pizza shop on Pesach? Whom are you kidding? – Gershon Gold Apr 8 '14 at 17:45
I'm not kidding anyone. Everyone assumes a non-Jew owns the place, right? – Double AA Apr 8 '14 at 17:46
@DoubleAA, re Maaris Eiyin, what they assume is that the Jew went in and took it back over too early. Everyone "knows" that the non-Jew isn't likely to go in there and start using the place. This has actually happened. – Yishai Apr 9 '14 at 15:09
@Yishai Is there any indication that such a concern would be prohibitive? – Double AA Apr 9 '14 at 15:19

You could try to construe something odd and theoretical in which the question would come up [e.g. you have a commercial bakery in the middle of nowhere], but practically in the case you describe -- you could build a 20-foot brick wall surrounding your pizza store, but it's in a Jewish neighborhood (as kosher restaurants are), so there will be the smells, sounds, and indications of people going in and out. There's really no way to do this that will be completely unnoticeable to the Pesach-observing Jews nearby.

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They think it's owned by a non-Jew and there is no Melacha involved because you can cook on Yom Tov. What is the problem? Plus as long as the store is a few miles away from the community (a case which is not "odd" but practical in many communities) then you can assume Jews won't be walking by (this is a famous Chumra of Chol HaMoed over Yom Tov) – Double AA Apr 8 '14 at 19:08

The question has been edited to specify that this refers only to the Chametz problem alone. As a result, I have deleted most of my answer. I checked with my LOR (who is a rav at Ner Israel in Baltimore) and he said that the accepted general halacha is that an Israeli in chutz la'aretz for Pesach is not allowed to buy back chametz until after all eight days of Pesach.

An Israeli who is chutz la'aretz on the Eighth day of Pesach is no more allowed to own chametz (and is subject to B'al yiraeh bal yimatzeh) than he is allowed to eat it. The question as asked has the Israeli in the (Jewish owned) pizza parlor and owning the chametz (and working with it) which as far as I am concerned causes him to violate bal yiraeh bal yimatzei. It is like the reason one must lock away chametz sold to the goy and rent him the space. Note that if the Israeli's brother owns the store, he (the brother) is in violation even if he does not own the chametz itself. The next set of posting goes into why I think this.

The Tefilot of An Israeli On The Second Day Of Yom Tov When Visiting Outside of Israel seems to imply that he would not be able to buy back chametz on the eighth day. Since this is mekach umemkar (if the Israeli brother is buying back the chametz), the action is forbidden in chutz la'aretz on that day. Additionally, he is not allowed to own chametz on that day just as a ben chutz la'aretz is not allowed to own chametz on that day. Thus, even if the rabbi in Israel buys it for him, ain shliach lidvar avaeirah. Note that I said earlier that the Israeli rabbi would not have bought the chametz for him and the Israeli brother would have had to tell him that he had chometz in chutz la'aretz. If he did not tell the rabbi that he would not be in Israel for Pesach, I do not know if the purchase would be valid. Even if someone holds that the Israeli does not have to keep the second day Yom Tov, he would be forbidden to do anything that is asur to the community in chutz la'aretz because of mar'is ayin even in private. Note that even speaking about the davening, he cannot wear tefilin where anyone can see him (kal vachomer buy back chametz or own chametz, or have chametz in his property). That is if he is not allowed to perform something that is a mitzvah for him in public, kal vachomer that he is forbidden to do something that is completely asur to the community and that he is not required to do.

The Gemara in Masechet Pesachim (52) records that Rav Safra, who lived in Eretz Yisrael and observed just one day, spent Yom Tov one year in a community that observed two days of Yom Tov. Out of respect for the community, which observed a second day of Yom Tov, Rav Safra, too, refrained from Melacha (forbidden activity) on this day, even though for him, as a resident of Eretz Yisrael, this was not Yom Tov.

Accordingly, the Shulchan Aruch writes (Orach Chayim 496:3; listen to audio for precise citation) that a resident of Eretz Yisrael who comes to a community in Chutz La'aretz (the Diaspora) for Yom Tov must abstain from Melacha on the second day of Yom Tov. The Shulchan Aruch emphasizes that this applies even if the individual comes only for a temporary visit and plans to return to Eretz Yisrael.

It should be noted, however, that since for this person the second day is not actually a Yom Tov, he would recite the weekday prayers, rather than the Yom Tov prayers. Likewise, he should wear Tefillin on this day, as he does on weekdays, though only in private, and not in the view of those celebrating a second day of Yom Tov. (Mishna Berura, 496:3, Seif Kattan 13)

Of course, this applies only if the individual comes to the Diaspora for just a temporary visit. If he comes with the intent of residing there permanently, then he is considered a full-fledged resident of the Diaspora, and he observes a second day of Yom Tov with the special Tefilot and without wearing Tefillin.

Summary: An Israeli resident who visits a community in the Diaspora during Yom Tov must abstain from forbidden activity on the second day of Yom Tov, but he recites weekday prayers and wears Tefillin.

Additionally, the daf yomi in Beitzah 9A points out that when something is forbidden because of Mar'is Ayin, it is forbidden even in a private area. This is especially true for a Torah violation. Tosafos to Kesubos 60a, Magen Avraham 301:56, Mishnah Berurah 301:56with Beur Halacha.

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Is it prohibited for him to own Chametz on 22 Nissan? Why do you care how he got the Chametz? Let's say he left the Techum of the city, bought oodles of noodles and pizza dough and cheerios and cookies, plowed a field, lit a fire and wove a shirt, and then came back. Now he has Chametz. Must he destroy it no matter what? – Double AA Apr 9 '14 at 17:28
@DoubleAA I would be inclined to think that it is just as asur as it is to buy back the chametz that was sold to a goy or to eat chametz (as shown in one of the other answers). – sabbahillel Apr 9 '14 at 17:31
I don't see why you are inclined to think that. Why would there be Maras Ayin on ownership? – Double AA Apr 9 '14 at 17:46
@DoubleAA Because he is buying chametz when it is asur to do so. It appears that he is violating bal yeraeh bal yimatzei (this is the entire idea of mar'is ayin). Consider Beitzah about moving the ladder in the dovecote. – sabbahillel Apr 9 '14 at 17:55
????? He is permitted to buy Chametz outside the Techum. I'm talking about OWNING not BUYING. Why do you keep confusing the two? How does it appear he is violating BYBY? Ownership is not something that can possibly be apparent. – Double AA Apr 9 '14 at 18:04