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http://www.cckollel.org/html/Parasha/bereishis/vayishlach5764.htmlHalacha EncountersIt's That Time of Year
Some Halachos pertaining to interacting with non-Jews on their HolidaysRabbi Moshe Rosenstein
Yaakov Avinu tells Eisav in this week's Parasha, “ Im Lavan garti , I have been living with Lavan.” Chazal tell us what he was really saying was, “ …viTaryag Mitzvos shamarti , [and even so,] I kept all 613 mitzvos.” We too spend our lives living in a society and culture that is alien to the ideals and morals that Torah represents and we too try out hardest to be able to say vitaryag mitzvos shamarti . At no time of year is it more apparent that we are living in a community that is not strictly our own as it is this time of year, the “Holiday Season.” One cannot do anything from shopping to going to work without the “themes” of the season being apparent from all sides. As it has become the custom in their culture to give each other gifts at this time of year, many of us find ourselves in the situation that we too need to be involved in the exchanging of gifts with our non-Jewish employers, employees or associates. In this week's Halacha Encounters we will examine some of the halachos related to the giving of gifts to Gentiles, particularly during this time of year.
Giving “Holiday” Gifts
In olden times when the Gentiles were assumed to be actual idol worshippers, it was forbidden to give a gift to them on their holidays (or three days prior as well). The reason for this prohibition was that they would, as a result, thank their gods. Since Gentiles are bound by the Seven Mitzvos B'nei Noach, including the prohibition to recognize or serve other gods, the Jewish gift-giver would have thereofre violated the prohibition of lifnei ivier lo sitein michshol , not placing a stubling block infront of another person. The poskim point out that nowadays this problem is less prevelant and it is therefore permissible to give gifts, although it is preferable to give the gift somewhat before the actual day of the religious observance. 1 If, however, one was not able to give the gift earlier, it is better to give it on the actual day than to give it later, as this may be insulting to the recipient and cause animosity. 2 If one includes a card, one should not mention the actual name of the holiday on the card 3 but should rather write “season's greetings” or the like. 4
Giving a Gift of Non-Kosher FoodThere is a general prohibition against doing business with food that is not kosher. 5 According to many poskim , this prohibition is Biblically prohibited. 6 In general, this prohibition includes raising, buying and selling or most other forms of profiting from dealings with non-kosher food products. 7 The poskim also address giving non-kosher foodstuffs as gifts. The Beis Yosef rules that one may not give non-kosher products as gifts either. Since the purpose of a gift is really to strengthen one's relationship with the recipient (especially when it comes to a business associate), this is akin to a business deal and is therefore included in the prohibition. 8
Some poskim mention that if one is giving the gift strictly out of fear of repercussions, then it is permissible as this can not be considered a “business deal.” 9 However, under other, normal circumstances, it would not be permissible to give a non-kosher gift (for example, a gift basket with treif food in it or the like) to clients, secretaries, co-workers or other business associates.
Exceptions to the Rule
There are however, several criteria and exceptions to the prohibition of doing business with non-kosher food products.
1 – Issurei diRabonnon. The prohibition applies only to food items that are prohibited from the Torah. 10 Any food that is only Rabbinically prohibited is permissible. Therefore items commonly found in gift baskets (or the like) may not be subject to this prohibition at all. Items like wine, liquor or chocolate may very well only be prohibited midiRabonnon . Certainly, however, most meat or cheese products as well as caviar from non-kosher fish are, in fact, assur min haTorah and would therefore be subject to the prohibition. If one is purchasing a gift basket that contains many items, one must be sure to ascertain that there are no issurei Torah contained in it.
2 – If the Jew received the basket as a gift. The prohibition of doing business with non-kosher food only applies if one set out initially to deal with the treif food; if one went out to buy the food with the intention of reselling it or giving it as a gift. 11 Food that one receives “by chance” is not subject to the prohibition and one may therefore sell it or give it away. There are several common scenarios where this dispensation will apply. If one receives a free sample in the mail of non-kosher food or a voucher for a meal in a restaurant, one would be permitted to give it away to a non-Jewish neighbor or housekeeper. Likewise, if one received a gift basket or the like that contains non-kosher food in it, one would be permitted to give that basket (or any of the non-kosher food contained in it) to a non-Jewish neighbor, associate, worker or housekeeper. 12
3 – If the gift is going to an employee. Some poskim permit the giving of non-kosher food to employees. They contend that this is not called “doing business” with the food but rather “using” the food. 13 This leniency is the subject of a dispute amongst the poskim and it is therefore questionable if one should rely on it limaaseh . 14
4 – If the gift is coming from a group. If a group of non-Jewish employees are pooling their funds together to purchase a gift for their employer, it may be permissible for a Jew to contribute as well. 15 This too is questionable and one should be sure to clarify the Halacha before agreeing to participate.
These are the basic guidelines concerning how and when it is permissible to give a gift to Gentile associates. As always, one should consult their Rav for a final Halachic ruling on these matters. BE”H we should be zocheh to make a Kiddush Sheim Shamayim and be able to say next year “ B'America garti v'Taryag Mitzvos shamarti. ”
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1 Rema Y.D. 158:12
2 Shach 158:13
3 See Y.D. 147:2 and Gra 3
4 Rav Shmuel Fuerst, shlit”a and contemporary poskim
5 Y.D. 117:1 in the name of the Rishonim
6 See Taz 1
7 See 117:1 and commentaries
8 Y.D. 186b quoting Hagahos Maymonios Ma'achalos Asuros 8:8.
9 Pri Toar Y.D. 117:3
10 117:1
11 ibid.
12 See Chidushei R' Akiva Eiger Y.D. 117 s.v. v'im nizdamein .
13 See Shach 117:3
14 Especially given that the machlokes is in reference to employees that one has a responsibility to feed. It is questionable as to whether or not one can apply this to our case as well where there is no actual responsibility on the part of the employer to give a gift to the employee.
15 See Aruch HaShulchan 117:23; Darchei Teshuva 39; Sha'arim Hamitzuyanim b'Halacha siman 64
Rabbi Rosenstein learns full time in the Kollel and is a frequent contributor to Halacha Encounters.
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