Are there are any Sefardic Posekim that permit the consumption of Chodosh in Chutz LaAretz just like the Ashkenazim's Heterim? Preferably Aharonim or contemporaries.
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1Isn't calling it chodosh presupposing an issur? As it is now, if someone held that grain grown in chu"l is muttar but that it is still assur to eat new israeli grain that you brought to the USA, then that person wouldn't qualify as an answer.– Double AA ♦Commented Mar 19, 2012 at 3:16
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No one allows the eating of chodosh. Many poskim allow the eating of grain products of unknown harvesting date, because of the Rema's double-doubt. (Maybe it wasn't harvested this year, even it if was, maybe the grain took root before Pesach).– user1095Commented Mar 19, 2012 at 7:50
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@Will Or a number of other possibilities (such as these) besides the rama's single doubt. Also, your general point about the question is echoed in my comment above, and I think is an error in formulation not in understanding. Maybe HachamGabriel can make the question more precise.– Double AA ♦Commented Mar 19, 2012 at 19:46
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3 Answers
The Kaf HaChaim OC 489 sk 112 seems to permit Chadash liquid derivatives (such as whiskey) even for someone who is particular about regular Chadash grain.
answered Jan 29, 2012 at 18:05
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It also seems that he Matir everything for the layman, no? Commented Jul 2, 2012 at 2:14
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In Or Letzion Volume 1 Helek Yoreh Deah Siman 15, Hacham Abba Shaul rules that although one should not rely on the common versions of the safek sifeka during the week, on Shabbat one may if you have no alternative (he says "during the week just eat a lot of rice").
answered Feb 9, 2012 at 3:28
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I have actually seen this text but it is really so strong nowadays if you look in-depth in the Teshuva. Commented Feb 9, 2012 at 3:37
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1)If you read the text, he clearly says it is only speaking about if there are not available products/bakeries. 2)Second, as you mentioned he says only on Shabbat. 3)We don't really follow Hacham BenSion LeHalacha because he doesn't have enough Halacha written. Commented Feb 9, 2012 at 3:45
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No. Sefardim follow the mechaber (as Reb Ovadia Yosef writes "קבלנו הוראות מרן") except in select cases such as when it differs from minhag or if its a safaik brachos. Sometimes sfardi achronim like the ben ish chai or kaf hachayim bring down halachos based in the rama, but they tend to be chumros not kulos. The mechaber clearly paskens in yoreh deya 293 that eating chadash is forbidden. although in extreme cases, such as in the other answers, sfardi poskim are meikil, nobody will completely over-rule the bais yosef.
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You say "except for when it differs from minhag". Wouldn't that apply here? Also, the mechaber does not explicitly reject the Rama's sefeik sefeika. In fact he doesn't even mention it. For all we know the two of them agree that grain grown anywhere by anyone at anytime is assur until next pesach but they agree that in cases of doubt one can make a sefeik sefeika. Finally, are you saying that you have checked every sephardi posek and achron and found that they agreed with your analysis, or that you doubt such an opinion exists?– Double AA ♦Commented Mar 19, 2012 at 3:05
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Rav Ovadia Yosef Shelit"a as @DoubleAA said has different cases where he doesn't hold like Maran. For example, he says "in a case of a Minhag, we don't say Safek Berachot-even against Maran." Commented Mar 19, 2012 at 3:55
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Anyways, which Sefaradi Poskim are Mekil in extreme situations? Commented Mar 19, 2012 at 4:08
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1@HachamGabriel Ok but then you should clarify that in the question, because honestly, that's the least meikil of the three options I presented.– Double AA ♦Commented Mar 20, 2012 at 23:25