YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: We will start with an overview of the halachic issues involved.
Regarding the possibility that Jews will buy a non-kosher product, you need not be concerned about it for a combination of reasons, including the following (see more in Living the Halachic Process, vol. II, C-20). There is no Torah-level prohibition of lifnei iver (facilitating sin) because people can get these products elsewhere. Only a small minority of the customers are Jews and your intention is not for them. Therefore, since those who buy non-kosher items are not interested in keeping kosher, it is not your problem. The question is about your selling not-kosher, which could be a problem even if it is to non-Jews.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
307 - Leaving a Client with Half the Bill
308 - Selling Food Supplements Online
309 - Ushering in an Avel after Sunset of Shabbat
Load More
The gemara Pesachim 23a learns from the pasuk, "Vesheketz yiheyu lachem," that certain foods that are forbidden to eat are but are not forbidden in benefit, have certain limitations on benefit. The gemara states that if he did not seek to obtain the non-kosher food, he can sell them, but he may not purposely obtain the foods in order to gain from them. The prohibition applies only to food that is forbidden from the Torah (as opposed to Rabbinically) (Shulchan Aruch, Yoreh Deah 117:1). This applies primarily to meat and fish products, as opposed to many other non-kosher foods (dairy products, pastries, etc.).
According to most Rishonim, this is a Torah prohibition (see Shut Chatam Sofer, Yoreh Deah 104-106, 108; Yabia Omer, vol. 8, YD 13). The Rashba (Shut III:223) says that the reason is to minimize the possibility of coming to eat forbidden foods, while others say it is a gezeirat hakatuv (heavenly decree without a known reason).
The consensus of poskim is that the prohibition applies when a Jew owns the food, even in cases where he is not expected to come in direct contact with it (Chatam Sofer, ibid 108, cited in Pitchei Teshuva, YD 117:6). Even if you are not considered to have contact with the food (we do not know to what extent you visit the warehouses), the prohibition applies because of your ownership (see ibid.). Thus, you should check (we can help) that the products are not forbidden by the Torah.
[After receiving labels of many products, we realized we need to discuss non-kosher ingredients – from animals or non-kosher fish – that are in capsules.]
There is no Torah-level prohibition in eating a not kosher food by swallowing it when it is encapsulated in a non-food (see Mishneh Lamelech, Ma’achalot Assurot 14:12; Aruch Hashulchan, YD 85:40). Thus, one can argue that non-kosher food in a capsule is not a problem. On the other hand, one can argue that the food inside is still forbidden food, and it could be taken out of the capsule and eaten. Furthermore, perhaps the only important question is if the food is forbidden, and whether or not it will be eaten in a halachic manner is not important (see above).
The halacha is that one is not allowed to go out of his way to get things that are forbidden to eat by the Torah and are slated to be eaten (Shulchan Aruch, YD 117:1). Such things are forbidden in commerce even if you are not likely to eat them. However, in this case, at the time you will obtain the capsules, they are not slated for eating in a forbidden manner, and it is therefore permitted to buy them in order to sell.
There is much discussion as to whether gelatin capsules themselves are permitted (beyond our scope). However, it is sufficient that there legitimate opinions permit it (at least from the Torah), as in such a case, it is permitted to sell it (Darchei Teshuva 117:63).
Lessons
fast navigation

Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.

The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.

P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)

P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)

Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)

Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)

Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.

Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.











