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By Rabbi Ariel Ovadia
Unconscious Sale
Q: Should one sell the Hametz of an unconscious patient? Is such a Mechira valid?
A: A spouse or custodian can and should sell the Hametz of an unconscious or demented patient.
The Poskim debate whether there is a need to sell an unconscious person’s Hametz. Some Poskim hold that the Hametz of a patient who falls under the category of a “Shoteh” does not become forbidden on Pessah. However, the Pri Megadim is in doubt about this, and some even hold that since it is possible to sell the patient’s Hametz – if the Hametz wasn’t sold – it is forbidden. Therefore, it is advisable to sell the patient’s Hametz.
With regards to the ability of selling someone else’s Hametz: although the sale is only meant to benefit the patient, there is a discussion whether the principle of Zachin La’Adam Shelo B’Fanav – one can do a transaction that is beneficial to his friend without his consent – also applies to selling or giving away the person’s possessions. While the Gemara and Shulhan Aruch clearly state that one can and should sell his friend’s Hametz if it would otherwise become forbidden, that is referring to an ordinary sale where the goods are physically transferred to the buyer and a full payment is made upfront, not to our Mechirat Hametz. Furthermore, it is debatable whether some of the Kinyanim (transactional acts) that are done at a Mechirat Hametz can be done via a shelihut (agency) for a Shoteh.
Therefore, the Poskim advise that it should be sold by a spouse or authorized custodian who have greater executive power over his estate as an “Apotropos” (Halachic power of custodian).
Doctor’s Orders
Q: Must one eat Matzah, Maror or drink wine if the doctor says that it may cause him to become ill without a threat to his life (Holeh She’en Bo Sakana)?
A: If there is only discomfort, one is obligated. If it will cause a more severe reaction, although it is likely one is still obligated; nevertheless, one should consult with a Rav for guidance.
The Shulhan Aruch rules that even if the wine causes someone harm or that he finds it repulsive, one must push himself to fulfill the Mitzvah of the four Kosot. The Mishna Berura writes that this is only if it will cause him headaches or other discomfort. If, however, he will become ill and be bedridden, he is exempt.
In the Sha’ar HaTziyun he explains that the logic behind this is that it is not called “Derech Herut” – a manner of freedom. This logic would not seem to apply to Matzah and Maror. However, the Helkat Yoav and others hold that one is exempt from all of these Mitzvot if he will become ill. The Binyan Shelomo writes that one may not be stringent and partake of these items and cannot recite a Beracha, comparing it to a sick person sitting in the Sukkah.
Other Poskim, such as Rav Shmuel Wosner and Rav Chaim P. Scheinberg are of the opinion that the exemption of a Mitztaer – someone who is suffering – is limited to the Mitzvah of sitting in a Sukkah and is not applicable to any other Mitzvot Asseh (positive commandments). Therefore, one is obligated in Matzah, Maror unless there is a question of Pikuah Nefesh as previously mentioned.