Do Stocks in a Company That Deals in Chometz Need to be Sold?

Rav Ariel Ovadia

Question: If one owns stocks in a company that buys and sells chometz, does he have to sell the stock as part of his mechiras chometz? 

Answer: There is much halachic discussion about how to define the ownership of stocks in terms of various halachos, such as Shabbos, ribbis, basar b’cholov, etc. Some define stocks as being their own separate entity, rather than partial ownership in a company, which is a big chiddush. Others are stringent and do define stockholders as having shared ownership with the company. Rav Moshe Feinstein says that it depends on how much stock the person owns – whether his share is significant enough to give him a controlling interest. Rav Forcheimer says in the name of Rav Aharon Kotler that it would depend if the majority of owners are Jewish or not.

L’chatchilah, Poskim advise selling your stocks. Even though such a sale is not legally binding, it would work for mechiras chometz since the owners of the company would not mind such a sale. If one didn’t sell his stocks, however, it would not be a problem of chometz she’avar alav hapesach. 

Question: So, one shouldn’t trade such stocks on Pesach itself?

Answer: Correct. It would seem he should not.