Achrayus: The Pre-Pesach Rush and The Halachos of Where to Shop

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    NEW York (VINnews/By Rabbi Yair Hoffman) – Shushan Purim marks the beginning of the pre-Pesach rush. The race is on — and it encompasses cleaning, kashering, and shopping. Not necessarily in that order.

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    Many people clean and line  the freezers and Pesach refrigerators first. This prevents the last-minute scramble that so many families experience in the frantic final days before Yom Tov.

    And then, of course, there is the shopping. Beyond groceries, many families are also picking up Seder-table items and small host gifts for Yom Tov visits; for those ordering online, Judaicawebstore Passover Gifts is a simple place to browse Pesach-themed gift ideas.

    Where to Shop

    There is an important halachic concept in regard to shopping that is always highly relevant — the mitzvah of purchasing from one’s fellow citizen.

    There is a Rashi (Vayikra 25:14) that sheds much light on this concept. He cites a Sifra (Parashas Behar, 3), one of the oldest commentaries on Sefer Vayikra: “From where do we know that when one makes a purchase, he should purchase only from his fellow citizen? The verse therefore tells us — ‘or when you purchase, from the hand of your fellow.'”

    While this Rashi establishes the existence of this mitzvah, it does not provide the reason behind it. A cursory examination reveals three fundamental considerations: (1) It is an expression of the mitzvah of Ve’ahavta lerei’acha kamocha — loving thy neighbor as thyself; (2) it supports our own community’s economy; and (3) it creates a stronger bond among the citizenry.

    This is not to say that we should entertain antipathy or a xenophobic attitude toward foreigners. The sages (Pesikta Sh’mos 20:23) tell us that all people were created in the image of Hashem and must be treated with respect and dignity. Indeed, we find in the Midrash Rabbah (Bamidbar 8:4) that Hashem tells Yehoshua concerning the Givonim that “if you distance those that are far, you will end up distancing those that are close.” Notwithstanding these principles, there is a distinct obligation to look out for one’s own first.

    The Hebrew term for “your fellow” is “amisecha” — connoting a peer, friend, colleague, or contemporary. The reader should speak to his or her local Posek as to the exact parameters of this term.

    This mitzvah is cited by numerous halachic authorities, including the Sefer HaChinuch (end of mitzvah #337), the Chofetz Chaim in Ahavas Chesed (5:7), the Rama in his Responsa (#10), the Chasam Sofer (C.M. V #79), the Tashbatz (Vol. III #151), the Maharam Shick (C.M. #31), and the Minchas Yitzchok (III #129), among many others.

    The Halachic Parameters

    Logistical difficulties: The mitzvah applies even if it is more difficult to make a purchase at an establishment owned by one’s fellow than at one owned by other vendors (Maharam Shick, C.M. #31). Distance, lack of adequate parking, and general inconvenience are not factors that exempt one from the mitzvah.

    The question of price: Most authorities (Rama, Tashbatz, Chofetz Chaim) rule that the obligation to purchase from a fellow citizen exists even if his price is higher than that of other vendors. There is a distinction, however, when the price difference is significant. When the price of other vendors is significantly less, some authorities rule that there is no obligation to purchase from a fellow citizen. Other authorities rule that even in such a case one must still purchase from his fellow (this is the Minchas Yitzchok’s reading of the Rama). Certainly, if the fellow citizen is having difficulty making ends meet, all would agree that one must purchase from him even if there is a significant price difference (Ahavas Chesed 6:10).

    What exactly constitutes a “significant difference” in price? Dayan Weiss (Minchas Yitzchok 129:5) explores the possibility that “significant” may be equivalent to the concept of “hefsed merubah” — a large loss — found in the poskim regarding certain kashrus issues, in which case there would be a distinction between a wealthy person and a poor one. A second possible definition is if the price is one-sixth more than the other vendor’s price (Responsa Nachalas Shiva #55, cited by Dayan Weiss 129:5). A third possibility is that the threshold varies from person to person.

    Price gouging: It should be noted that price gouging by a citizen-owned store is itself forbidden, and if the owner engages in such activity, shoppers may purchase elsewhere (Dayan Weiss 129:7). If the store owner simply cannot receive the same wholesale discounts available to large foreign chain stores, however, this does not constitute price gouging.

    Occasional purchases: Some authorities (Responsa of Rabbi Moshe Sternbuch, T’shuvos VeHanhagos Vol. I #805) have written that one may occasionally make purchases from other vendors, as long as one does not do so on a regular basis. This leniency applies only to minor purchases; major purchases must still be made at an establishment owned by one’s fellow citizen.

    Business resellers: Some authorities (Maharam Shick C.M. #31) hold that this obligation applies only to the end consumer. A person whose livelihood depends on reselling items at a profit may purchase from other vendors if their price is cheaper, though it remains meritorious to purchase from fellow citizens even then.

    Difference in quality: If there is a meaningful difference in quality between items from different vendors, the obligation does not apply and one may purchase elsewhere (Nesiv Yosher 1:4, by Rabbi Yehudah Itach).

    The Consumer Landscape: Pricing in Context

    Given these halachic principles, it is worth briefly noting the broader grocery pricing landscape. A recent Consumer Reports survey using Walmart as a baseline found that warehouse clubs offer the deepest savings — Costco at 21.4 percent cheaper than Walmart, and BJ’s Wholesale Club at 21 percent cheaper. The foreign-owned discount chains Lidl and Aldi came in at roughly 8.5 and 8.3 percent less expensive respectively, and both have been expanding aggressively across the five boroughs and Long Island. On the pricier end, chains such as Target, Wegmans, Stop & Shop, Trader Joe’s, and Whole Foods all came in above Walmart pricing.

    For the frum consumer, however, the more pertinent question is not simply where prices are lowest in the abstract, but where one can fulfill the mitzvah of amisecha while also meeting one’s Pesach needs. The good news is that the Orthodox community is served by a remarkable array of Jewish-owned kosher supermarkets — full-service, discount, and warehouse-style — spread across the entire metropolitan region. Each has its own strengths, and each represents an opportunity to keep our Pesach dollars within the community.

    The mitzvah of purchasing from amisecha is not merely an abstract halachic concept. It finds immediate, practical expression every time we push a shopping cart down a grocery aisle — and never more so than in the weeks before Pesach, when our shopping budgets are at their most stretched and our purchasing volume is at its highest.

    The halacha is nuanced, as we have seen. Price differentials, quality distinctions, and the personal circumstances of the buyer all factor into the analysis. But the baseline principle is clear, affirmed by generations of poskim: when we have the ability to purchase from our fellow, that is where our Pesach dollars should go. Our consumer choices are not merely economic decisions — they are expressions of Ve’ahavta lerei’acha kamocha, of communal solidarity, and of the kind of achrayus that builds and sustains a kehilla.

    May we all be zoche to further our feeling of Achrayus for Klal Yisroel in all areas!

    The author can be reached at [email protected]

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    28 Comments
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    bakin
    bakin
    6 months ago

    Rabbi Hoffman, your article is completely irrelevant. Many kosher producers, like Mehadrin and others, overcharge consumers. Cholov Yisroel is a scam—yogurt that costs over $1.50 I can buy at Walmart for $0.75. Milk today is $4 a gallon at most kosher stores versus $1.79 at Walmart. Your halachic analysis doesn’t matter when the prices are so inflated.

    Sabra55
    Sabra55
    6 months ago

    I will shop at Shoprite in the Teaneck area. Full kosher selection for much less than any of the Monsey kosher supermarkets. Besides, I dont buy jarred salt water, pre-boiled eggs, etc. I dont who came up with that meshigas, but you gotta admit, its beyond ridiculous already.

    d.b. cooper
    d.b. cooper
    6 months ago

    Where is the achrayus of Unzerer who own these stores to not rip us off?

    RRRR
    RRRR
    6 months ago

    Rabbi, Hoffman, I ask this in all sincerity: are there not reliable mainstream pokskim who pasken that you are permitted to purchase anywhere you want as long as you do not on one shopping trip buy from the Jewish-owned store only the few items that you cannot get elsewhere and then drive over to the corporate big box store to buy in bulk the items that cost a lot less there? That makes sense as a baseline because it is likely that the only way for the Jewish-owned store to survive is to make a profit on all of its inventory.

    Also, how does online shopping affect this? The convenience issue cannot be dismissed out of hand the same way that one might say that if you live in West Hempstead you should drive to the Five Towns rather than shopping in a Pathmark in West Hempstead (leaving aside the price issue completely).

    Mr. Critic
    Mr. Critic
    6 months ago

    Oh, so the storeowners figured out if we’re forced to buy from them, why not inflate the prices accordingly? Compare pricing of national retailers and online vs local groceries, I ain’t gettin’ ripped off for no money

    Avrohom
    Avrohom
    6 months ago

    The OU puts out a nice list of products and their brands for which an OU is sufficient for pesach use without the “P”.
    For those not interested in being ripped off, that’s a great place to start.
    There are many store brand products on the list.
    Unfortunately, the heimishe brands and heimishe store owners have seen fit to rip off/price gouge their “fellow citizens”.
    Time to say enough is enough.