Post-Pesach Pretzels

Question

I am a baal teshuvah living in New York City and my parents live outside of the tri-state area. My parents do not observe Pesach. In fact, r”l, they eat bread throughout the duration of Yom Tov. However, they are very respectful of my choice to accept religious observance and my choice to raise a family based on the principles and ethics of the Torah.

We have decided not to visit my parents during the Yom Tov, since it will be hard for my children to be in a place where there is so much chometz around. Right after Pesach is over, we will be visiting them for a couple of days.

My parents know where to get the most delicious kosher pretzels. Although these pretzels are kosher during the year, of course they certainly cannot be eaten over Pesach.

My question is as follows: Since my parents keep and eat chometz over Pesach, the pretzels that will be in their home after Peach will be chometz she’avar alav haPesach, chometz that was in the possession of a Jew during Pesach, which we pasken is forbidden miderabbonon.

Our children will definitely ask my parents for pretzels after Pesach. I once tried to explain to my parents the idea of selling chometz, but they thought that selling their chometz to a non-Jew is an archaic idea and were not enthusiastic about partaking of such a sale. I could probably twist their arms and get them to sign such a document, especially if they realize that they can only see their grandchildren if they sign it. Yet, I am doubtful if such a sale has any meaning, since they are continuing to eat chometz during Pesach.

I would really like to keep up a connection with my parents, and they really would like us to come visit after Pesach. Is there any way I can make this visit happen and at the same time make sure that my kids don’t eat chometz she’avar alav haPesach?

Thank you.

D. R. C.

Rav Auerbach 

I commend you on your efforts to keep shalom bayis with your non-religious family while at the same time maintaining the highest levels of kashrus. It is a very delicate balance and I give you a brocha to be successful in this endeavor.

Obviously, the best thing would be if your parents would get rid of their pretzels before Pesach or at least sell them to a non-Jew. However, as you mention, they are not interested and do not see any need to do so. Furthermore, as you yourself alluded to, since they will be eating bread over Pesach, such a sale would be considered achuka v’telula, a mockery of halacha, since they are eating chometz and they certainly do not have serious intention to sell it.

All of this being said, you are still left with your issue of what to do to make sure that you and your family can visit your parents after Pesach. I suggest the following solution. A number of years ago, my father-in-law, Rav Yosef Shalom Elyashiv zt”l, ruled that the heter iska, the documentation permitting one Jew to lend money to a Jew with interest, is invalid. The reason behind this p’sak was that the banks looked at the heter iska as a mere “religious ceremony,” with no actual practical basis. This issue was solved by making sure that the documentation and action had legal validity and that there was complete government backing to everything being done.

I suggest that you do the same thing with your parents vis-à-vis their chometz. Find a mechiras chometz that includes a kinyan that is recognized legally. If they sign this, even if they do not do so wholeheartedly, practically speaking, they have sold their chometz. This way, when they offer their pretzels to your children after Pesach, there will be no issues of chometz she’avar alav haPesach.

I again wish you true success in this endeavor of making peace with your non-religious family while at the same time making sure that your children do not eat pretzels that are forbidden to them.