Sechora - Ma'achlos Assuros

QUESTION: What is the reason that it is forbidden to buy and sell non-kosher foods?

ANSWER: According to the Rambam and Rosh, the issur of doing s’chora with ma’achalos assuros is a Torah prohibition. As was said in the previous Halacha Yomis, the Gemara (Pesachim 23a) derives this from the pasuk [Vayikra 11:41] “Sheketz Hu” (It is detestable). Therefore, it is a gezeiras ha’kasuv and needs no explanation. However, the Rashba (3:223) writes that this is an issur d’Rabbanan, and the purpose of the gezeira is to prevent one from accidentally eating treif. Both of these reasons yield a leniency and a stringency and many Achronim write that one should be strict in both instances.

According to the position that doing business with forbidden foods is a Torah prohibition, one may not do business with safek issur (cases of doubt) as well. This is because safek d’oreisah l’chumra (one must be strict regarding all situations of doubt that involve a possible Torah prohibition).

According to the position that doing business is forbidden to prevent one from accidentally eating treif, it is forbidden to sell non-kosher foods, even if you are only acting as an agent, and the foods do not belong to you. The Chasam Sofer (YD 104), writes that this only applies if the agent will be coming in direct contact with the non-kosher foods. But, if he is just arranging the sale between non-Jews with no direct contact to the foods, this is permitted. 

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.