Reply To: Stealing the Afikomon

Neville, specifically which major achronim do you mean – that say one is yotzeh with stolen matzah?

You claim ONLY the Baal Hatanya holds that way!

Although I honestly do not know how the Baal Hatanya paskens – I assume in Rav Shulchan Oruch and not in Sefer HaTanya. I will list below the Rishonim and Poskim that ALL say one is NOT yotzeh with stolen matzah.

I must note that YOU seem to know how the Baal Hatanya paskens, yet I am not choshed you are a Lubavitcher, since many learn Rav Shulchan Oruch, especially since the Minshe Brura often cites him).

A brief listing of Rishonim and poskim that I am familiar with on the topic:

Rishonim

1.Rambam (Hilchos Chametz u’Matzah 6:7): One is NOT Yotzei with stolen Matzah. One is Yotzei only with Matzah on which one blesses Birkas ha’Mazon.

i.Magid Mishneh and R. Mano’ach, citing the Yerushalmi: One may not bless on stolen Matzah. R. Oshaya learns this from “Botze’a Barech.” This refers to beforehand. One blesses afterwards, for he owes just money. R. Yonah says, an Aveirah is not a Mitzvah. R. Yosi says, a Mitzvah is not an Aveirah. R. Ila says “these are the Mitzvos” – if you do not do them properly, they are not Mitzvos. Some say that one is Yotzei b’Di’eved, for one owes only money, and it does not say “Matzaschem.” This is unlike the end of the Yerushalmi. If one stole flour or wheat and made Matzah, surely he was Yotzei. He acquired, and owes only money.

ii.R. Mano’ach: Even though it does not say “Matzaschem”, we learn from Chalah, for which “Arisoseichem” excludes Hekdesh. We disqualify Matzah of Ma’aser according to the opinion that it is Hash-m’s property. Surely, also Gezel is excluded. If one’s Matzah might have been switched with another’s (e.g. during baking), they should stipulate that whatever each takes is his. We do not bless Birkas ha’Mazon on stolen Matzah, for it was an Aveirah (Rambam Hilchos Berachos 1:19).

2.Rosh (Pesachim 2:18): One is not Yotzei with stolen Matzah. Chachamim argue only about Ma’aser Sheni. They also learn the Gezeirah Shavah “Lechem-Lechem” (Menachos 70b). Stolen Matzah is not considered yours. In the Yerushalmi, it seems that R. Oshaya holds that one is Yotzei b’Di’eved, but perhaps the latter Amora’im disagree.

i.Ritva (Sukah 35a DH Ela): One is Yotzei with stolen or borrowed Matzah, for he acquires it through Shinuy while chewing it, like it says in Kesuvos. The Gezeirah Shavah requires your Matzah. This excludes only Ma’aser Sheni, according to R. Meir. He holds that it is Hash-m’s food, and one has permission to eat it, so we cannot say that he acquires through Shinuy.

3.Tosfos R. Peretz and Tosfos Rashba (Pesachim 35b DH Aval): Mitzvah ha’Ba’ah b’Aveirah applies only to Mitzvos like Lulav, which we use to praise Hash-m and appease Him, or Korban.

4.Ramban (Pesachim 35b DH Yesh): Mitzvah ha’Ba’ah b’Aveirah does not apply to an Isur like Tevel, which can be fixed. Mitzvah ha’Ba’ah b’Aveirah is only mid’Rabanan; the Gemara brought an Asmachta from Nevi’im. Some disagree.

Poskim

1.Shulchan Aruch (OC 454:4): One is NOT Yotzei with stolen Matzah.

i.Mishnah Berurah (14 and Bi’ur Halachah DH Ein): This connotes that he must bless again. However, since the Ritva says that he was Yotzei, perhaps he should not bless again. Sha’agas Aryeh (95) says that even on the second night, he was not Yotzei. Some say that one is Yotzei with stolen Maror. Others say that also Maror must be yours. Sha’agas Aryeh (94) says that this is a Mitzvah mid’Rabanan ha’Ba’ah b’Aveirah. The Mechaber (649:5) says that one is Yotzei in such a case, but the Rema says that one is not Yotzei.

ii.Magen Avraham (196:1): Perhaps one blesses Birkas ha’Mazon even if he ate stolen bread, for he acquired it through eating. Also, the Beis Yosef was in doubt in Siman 649 (about blessing after one acquired through Shinuy), so we must be stringent about Birkas ha’Mazon.

iii.Kaf ha’Chayim (29): The Aruch ha’Shulchan is lenient about Maror on the second night, when it is mid’Rabanan for two reasons, since some are lenient even on the first night.

2.Shulchan Aruch (ibid.): This is if he stole Matzah. If he stole flour or wheat and made Matzah, he was Yotzei, for he acquired it, and he owes only money.

i.Taz (4): Even though one is not Yotzei with a borrowed Esrog, for it must be yours, one is Yotzei with borrowed Matzah. The lender knows that the borrower will eat it. He allows him to acquire it and pay for it afterwards.

ii.Kaf ha’Chayim (31): One is Yotzei l’Chatchilah with borrowed Matzah.

iii.Magen Avraham (5): If Ploni stole Matzah and gave to Levi after despair, Levi is Yotzei. If Levi returned it to Ploni, Ploni is Yotzei with it.

iv.Gra (9): We forbid due to Mitzvah ha’Ba’ah b’Aveirah only when he acquires through an Aveirah, e.g. Shinuy Reshus with yi’ushr. This is according to the Halachah, that yi’ushr does not acquire by itself.

v.Gra (10): Tosfos says that even when he acquired it without the Aveirah and it is not Mitzvah ha’Ba’ah b’Aveirah, he may not bless on it.

vi.Mishnah Berurah (16,17): One is not Yotzei l’Chatchilah, for he may not bless on it. One who bought stolen Matzah after yi’ush may bless on it, for it did not come to him through an Aveirah.