Mr. Cohen and Mr. Mann owned a large storage complex, C&M Storage. This past year, they had inaugurated a freezer warehouse; major food manufacturers and distributors became clients of their storage space. In the freezer sat a wide range of frozen food, including chametz.

As Pesach approached, Mr. Cohen wondered what to do about the chametz in the freezer warehouse. He planned to sell his chametz, as he did every year, but had no control over his clients. Some of the clients who had stored chametz were Jewish, and some were not.

“What should we do about the chametz sitting in the freezer?” Mr. Cohen asked Mr. Mann.

“I suppose nothing,” Mr. Mann shrugged his shoulder. “It’s not our chametz; it’s not our problem.”

“But the chametz is on our property,” Mr. Cohen pointed out.

“So what?” replied Mr. Mann. “If a non-Jew walks into my house with his chametz, that’s not a problem!”

“What about the Jewish clients?” asked Mr. Cohen. “That’s a problem; they’re keeping their chametz in our warehouse!”

“I hope they sell their chametz,” replied Mr. Mann. “If not — it’s their issue, not ours. Anyway, you always include the C&M Storage facilities in your mechiras chametz form, so the warehouses are rented out; they’re not even our property for Pesach.”

“What you’re saying makes sense,” said Mr. Cohen. “I have to go to Rabbi Dayan this week for mechiras chametz, though. I’ve discussed with him a number of issues relating to the business, so I’ll ask him this, too.”

When Mr. Cohen came to sell his chametz, he told Rabbi Dayan: “I have a new twist this year. Food manufacturers are storing chametz in the new freezer warehouse. Does that pose any issue? Can I include that chametz in my sale?”

“A Jew who is responsible as a guardian of chametz, whether of a fellow Jew or a non-Jew, violates the prohibition of possessing chametz (bal yeira’eh ubal yematzei),” replied Rabbi Dayan. “Some say only a paid guardian (shomer sachar), while others say even an unpaid guardian (shomer chinam) is violating it. Since you rent out the storage space and are liable for the contents, you are a shomer sachar, and must certainly dispose of this chametz or sell it! Otherwise it becomes prohibited, as other chametz she’avar alav haPesach” (O.C. 440:1, 4).

“How can I sell what is not mine, though?” asked Mr. Cohen.

“The Gemara (B.M. 38a; Pesachim 13a) teaches that the guardian of produce that is spoiling rapidly should sell it before it becomes a total loss, based on hashavas aveidah,” explained Rabbi Dayan. “This is part of his responsibility as a guardian. The same is true for chametz, so that it should not become prohibited” (C.M. 292:17; Pischei Teshuvah 292:8; O.C. 443:2; Mishnah Berurah 443:11; Pischei Choshen, Pikadon 2:34).

“What about chametz of a non-Jew?” asked Mr. Cohen. “He has no issue with Pesach; it’s only my issue, because I am responsible as a guardian.”

“Indeed, Pri Megadim cites Shaagas Aryeh (#73) that you cannot sell chametz of a non-Jew for which you accepted responsibility,” answered Rabbi Dayan. “However, others disagree and maintain that you can sell it” (Eishel Avraham 441:4; Taz, O.C. 440:1; Mishnah Berurah 440:4).

“How does that work?” asked Mr. Cohen.

“Shulchan Aruch Harav (O.C. 440:16) explains that disposing of a non-Jew’s property with intention to pay him is not considered theft, especially if it was handed to you willingly,” answered Rabbi Dayan. “Harav Moshe Sternbuch further suggests that since the Torah holds you responsible for the non-Jew’s chametz in this case, it is included in your mitzvah of tashbisu (ridding oneself of chametz). Thus, the Jew is allowed to destroy or sell it. This is especially true according to the practice of many Rabbanim to sell the chametz in the fifth hour, when there is already a requirement of tashbisu” (Moadim Uzmanim 4:271).

On Chol Hamoed I realized that my wife’s kesubah was lost.

Q: Is it permitted to write a kesubah d’irkasa on Chol Hamoed, or is that included in the prohibition against writing on Chol Hamoed?

A: When a couple marries, the husband obligates himself in certain financial responsibilities to his wife, and those obligations are recorded in the kesubah. The primary obligation is the obligation that the husband will pay whether he divorces his wife or she becomes widowed.

It is prohibited for a couple to remain together without a kesubah (see E.H. 66:1). If their kesubah becomes lost or destroyed, it must be replaced immediately (E.H. 66:3). The replacement kesubah for one that was lost is called a kesubah d’irkasa.

The reason a couple may not remain without a kesubah is so that the husband should not take advantage of the situation and divorce his wife without any financial obligation. Furthermore, even if he would deposit money or other valuables in her or her designee’s possession to cover the value of the kesubah, they may not remain without the actual kesubah so that the husband should not get angry and simply divorce her and declare, “Take your kesubah and get out.”

However, when it is not possible to write a kesubah d’irkasa, for example on Shabbos, under certain conditions he may give her objects equal to the value of the kesubah and they may remain together until they can write a kesubah d’irkasa immediately after Shabbos (E.H. 66:2). Generally, giving movable objects should not be considered a replacement for writing a kesubah d’irkasa and is an option only when there is no alternative.

Writing is prohibited on Chol Hamoed. Professional writing such as calligraphy or ksav ashuris is permitted only when there is a potential financial loss or for public needs. Non-professional writing is permitted for any moed need.

Rema presents two opinions as to whether it is permitted to write a kesubah on Chol Hamoed (O.C. 545:5). Historically, numerous conditions were added into the kesubah; therefore, replacing a missing kesubah was considered a davar haavud (a potential loss) out of concern that it could lead to a disagreement about those conditions. Accordingly, in our times when the text of the kesubah is standard, even according to the lenient opinion presented by the Rema, replacing a missing kesubah is not categorized as a davar haavud (Magen Avraham 18).

Therefore, according to some opinions, a kesubah d’irkasa should not be written on  Chol Hamoed and the husband should give his wife items worth the value of the kesubah, since Chol Hamoed is also considered a pressing circumstance since the kesubah cannot be written (Machatzis Hashekel).

Others contend that since it is preferable (l’chat’chilah) to write a kesubah rather than rely on giving the wife objects, one should write a kesubah d’irkasa on Chol Hamoed. Moreover, since our writing is considered non-professional writing, it is permitted to use that script for something that is needed for the moed (Mishnah Berurah 28 in the name of Pri Megadim; Shevet HaLevi 8:125, and see Shevivei Eish 34).

As a practical matter, one may follow the lenient opinion and write a kesubah d’irkasa on Chol Hamoed using our standard script. There is a debate whether printing text with a printer is considered professional writing or not (see Piskei Teshuvos 545:2). When possible, one should obtain a preprinted version that leaves blanks for the personal information of the specific couple. If one is not available, the entire text may be written by hand, taking caution to properly space the letters and words.

Q: My non-Jewish coworkers are planning to buy a birthday cake for the boss on Pesach. Am I allowed to chip in? Can I have my name included on the birthday card?

A: A Jew may not have a partnership in chametz with a non-Jew on Pesach (Mishnah Berurah 448:2).

Nonetheless, a person does not acquire against his will. Thus, Magen Ha’elef (O.C. 448:4) states that if a Jew and non-Jew have a partnership and the non-Jew buys chametz with the joint money on Pesach, since the Jew does not want to acquire the chametz, it does not become prohibited (Pischei Choshen, Kinyanim 1:[21,24]; Shutfim 10:35).

Thus, you can chip in, but should intend that you do not want to acquire even partial ownership of the cake. It is preferable to clarify this point to the one collecting the money, to avoid any mistaken impression (mar’is ayin).

It seems permissible to have your name added to the birthday card, even if it is attached to the cake. Furthermore, after Pesach, you may partake of the cake.