Pesachim 6 – Someone else’s chametz

There is an interesting contradiction in the Torah. On the one hand, it said, “No leaven shall be seen with you in your territory.“ So I might think that if I hide it, then it is allowed. I might also think that with me it cannot be seen, but if it belongs to someone else, such as a barrel of whiskey that someone left as a deposit, then it would be allowed.

On the other hand, the Torah also said, “No leaven may be found in your homes.”  This means that even hidden chametz should not be found, and even someone else’s chametz is not allowed to be deposited with me.

How does one resolve this? – It all depends on who accepts responsibility. If a Jew stores someone else’s chametz without any promises and guarantees, such that if it is stolen, he is not responsible, and in addition, he rents that place in his house where the non-Jew’s chametz is stored – then it is allowed. However, if he accepts responsibility for it, it becomes in some sense his, and that chametz should not be found in the Jew’s home.

For example, non-Jewish soldiers used to deposit flour with the residents of the city of Mechozah, and Jewish bakers would bake bread for them. The bakers accepted the responsibility, and Rava told them that this was not allowed on Pesach. However, if they could find someone else who would accept responsibility for them, then it would become allowed.

Art: The Whiskey Still at Lochgilphead by Sir David Wilkie (1785-1841)