Choresh and Selling Chametz: Difference between pages

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==Institution of Selling Chametz==
==Definition==


#Choresh, or [[plowing]], is one of the 39 Av melachot,<ref>Mishna in Masechet [[Shabbat]] 73a </ref>and It is considered the 2nd Av Melacha (or the 1st depending on whose list one is using) in whats called the order of the bread making (''siddura depat).''<ref>The mishna on 73b has it 2nd on its list, while the Rambam - Shabbat (7:1) and others have it 1st  </ref>
#Some authorities question the sale of complete Chametz, however, most authorities allow it and such is the minhag. <ref>The institution of [[Mechirat Chametz]] is based on a Tosefta (Pesachim 2:6) that says that a Jew on a boat with a non-Jew may sell his Chametz to the non-Jew and then buy it back after [[Pesach]]. This is codified by the Rambam ([[Pesach]] 4:6) and Shulchan Aruch 448:3. The Beit Yosef 448:3 writes that selling it before [[Pesach]] and buying it back is Ha’arama (a scheme to avoid a prohibition) and yet it is permitted. The Talmid Haritva printed at the end of the Chiddushei Haritva on Pesachim limits this permission to an incidental sale of the Chametz but doesn't allow the sale in an institutionalized manner.  
#The definition of Choresh is any action that prepares the soil for [[planting]].<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 251) </ref>
#The three types of actions that are forbidden as ‘[[Plowing]]’ are making holes, softening, and flattening the ground to prepare it for [[planting]].<ref>Kalkelet [[Shabbat]] 2 </ref>
#The extensions (''Toladot)'' of the Torah prohibition of ‘[[Plowing]]’ include removing rocks or thorns from a field, spreading out fertilizer in a field, and watering a field (in order to soften it).<ref>Rambam [[Shabbat]] 8:1 </ref>
#It's forbidden to remove dirt mounds and stones or fill in holes in the field in order to flatten the ground.<ref>Mishna Brurah (Intro to 337) </ref>


==Amount==
*Gemara [[Shabbat]] 139b says that a certain Rabbi slept on a non-Jew’s boat on [[Shabbat]] claiming that he intended to sleep, even though he knew the non-Jew would sail the boat across the river. The Gemara says that his claim was HaAramah, but is permitted since it’s only an rabbinic prohibition and he was a talmid chacham. Bechor Shor (Pesachim 21a) learns from here that Ha’aramah is permitted only if the issue is derabbanan. He writes that after Bitul, the issue of owning Chametz is only derabbanan and Ha’aramah is acceptable. Bet Efraim 1:33 and Minchat Bikkurim (Tosefta 2:7) agree. [https://www.hebrewbooks.org/pdfpager.aspx?req=9259&st=&pgnum=422 Yeshuot Yakov 448:9] theoretically agrees with the Tevuot Shor but in practice forbade selling chametz to a non-Jew to sell to one's animals because of haarama.
*Mekor Chaim 448:11 rejects the Bechor Shor and explains that in Gemara [[Shabbat]] HaAramah was only permitted on an isser derabbanan because the Rabbi was actually violating an prohibition, however, by selling Chametz, one circumvents the issue altogether.
*Rav Yosef Dov Soloveitchik (quoted by Rav Hershel Schachter in Nefesh HaRav p. 177) held that one shouldn’t sell Chametz BeEyn, actual chametz. [Halachos of [[Pesach]] (pg 32) defines Chametz BeEyn as mixtures which have a majority or equal amount of Chametz in comparison to the non-Chametz ingredients.] This opinion is based on the idea that Ha’aramah shouldn’t be performed except for Derabbanan issues. According to this, one may rely on Rabbeinu Tam (Pesachim 42a s.v. VeElu), who holds that mixtures of Chametz are only a derabbanan issue of Bal Yeira’eh.
*Rav Schachter in BeIkvei HaTzon (siman 15) writes to defend the minhag that Ha’aramah is acceptable to avoid an isser, but not to exempt one from a mitzvah because at the end of the day, one didn’t fulfill the mitzvah. Therefore, selling one’s Chametz only avoids the isser, and one may still fulfill the mitzvah of Tashbitu with burning the last unsold [[kezayit]].
*Halachos of [[Pesach]] (p. 123) records the practice of Rav Aharon Kotler not to sell Chametz BeEyn. However, Halachos of [[Pesach]] quoting Rav Moshe Feinstein, Tzitz Eliezer 20:51(2), and Yalkut Yosef 448:3(1) permit selling all forms of Chametz. A Guide to Practical Halacha v. 5 p. 66 n. 5 also quotes Rav Moshe to this effect, but the Debrecener held one should try to use up one's chametz before Pesach. Halachos of [[Pesach]] (p. 123) writes that most poskim allow the sale and that such is the minhag. See, however, Haggadah of the Roshei Yeshiva (pg 13) which writes that Rav Moshe's minhag was not to sell actual chametz but he did sell alcoholic beverages.</ref>
#A store shouldn't buy non-perishable chametz before Pesach, then sell them to a non-Jew, so that he can have them immediately after Pesach and sell them.<ref>Yalkut Yosef 448:3:9 writes that even though the minhag is to use the sale of Chametz a store shouldn't initially buy chametz in order to sell it.</ref>
#There’s no reason or special practice to sell Chametz if one can eat all one’s Chametz. <ref>Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 12 and 13 </ref>


#[[Plowing]] of any amount is forbidden<ref>Rambam [[Shabbat]] 8:1, Mishna Brurah (Intro to 337) </ref> because even a tiny hole is useful to plant a tiny seed.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 252) </ref>
===Those who don't sell real Chametz===


==Watering dirt or a plant==
#Even if one wants to observe this stringency, it is advisable to perform [[Mechirat Chametz]] for mixtures of Chametz. <ref>Halachos of [[Pesach]] (p. 123) writes that sometimes those who desired not to sell Chametz unknowingly retained Chametz items. He adds that a student in a dorm should not assume that his Chametz was sold for him; rather, he should specifically request his father (or another individual) to be his representative to sell his Chametz. http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html also says that one should sell his chametz even if he doesn't think he has any because there may be denatured ethyl alcohol in deodorant, [[shaving]] cream, or cologne. </ref>
#If one doesn’t sell real Chametz such as cake, bread, or noodles, one may still sell ketchup, mayonnaise or any mixture of a minority of chametz. <ref>Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 26 and 27 </ref>
#If one doesn’t sell real Chametz such as cake, bread, or noodles, one may still sell flour commonly found in the market which is Chametz since in the processing the grain is washed and comes into contact with water. <ref>Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 79 and 80 </ref>


#It's forbidden to water soil on [[Shabbat]]. (According to many authorities this is prohibited because of Choresh as it improves the field, while others prohibit it because of Zoreha, [[planting]].) <ref>39 Melachos (Rabbi Ribiat, vol 2, pg 254) </ref>
==Procedure of Selling Chametz==
#It's permissible to water desert land if nothing isn't used for [[planting]] while the ground is still moist.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 254) </ref>
#It's forbidden to wash one's hands over grass or vegetation.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 268) </ref>
#Since acidic or caustic liquids do not promote vegetation it's permissible to spill vinegar or alcohol on vegetation. Similarly according to many authorities if there is a great need it is permissible to urinate on plants on [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 268) </ref>


==Clearing the ground==
#When selling Chametz one should write down one’s address and, if one is going away for Pesach, provide access to get in by leaving the keys by the Rabbi, neighbors, or security guard. If one feels uncomfortable doing that one should at least write down one’s cell phone number at which one would be reachable over [[Pesach]].<ref>Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 4 and 6 </ref>
# A person should appoint the rabbi to sell his chametz by the seller picking up a handkerchief of another item of the rabbi. If that can not be done, the seller should sign the authorization document. In cases of great need he can appoint the rabbi orally over the phone.<ref>Rav Moshe Feinstein (cited by A Guide to Practical Halacha v. 5 p. 65 n. 4)</ref>
#One should make sure to sell one's chametz completely and not with a gift with a condition that it must be returned after [[Pesach]]. <ref>Shulchan Aruch 448:3 writes that one may not do a Matana Al Menat LeHachzir. Kitzur Shulchan Aruch 114:6 agrees. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as Shulchan Aruch 558:4), by chametz because of the chumra of chametz one may not do a Matana Al Menat LeHachzir. </ref>However, one may assure the non-Jew that one will buy it back after [[Pesach]] and make it profitable for the non-Jew.<ref>Kitzur Shulchan Aruch 114:6, Mishna Brurah 448:23</ref>
#One who sells his Chametz, should not sell the containers which are holding the Chametz to the goy because if he does so, he may be required to dip them in the Mikveh again.<ref>Chachmat Adam 73:3, Yechave Daat 3:24 </ref> If one did so, he should dip them in the mikveh after Pesach, without a beracha.<ref>Yechave Daat 3:24, Nitai Gavriel Pesach 1:44:8 </ref>
#One may not sell one's chametz to a Jew who "converted" to another religion.<ref>Kitzur Shulchan Aruch 114:7</ref>


#It's forbidden to clear rocks, logs, or debris off the terrain as it is considered Mesaken (a [[Toldah]] of Choresh) because it improves it for [[planting]].<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 255) </ref>
==Stocks of companies which own Chametz==
#Leveling terrain is a form of landscaping which is a [[Toldah]] of Choresh (Mashveh Gumot).<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 255) </ref>
#In previous centuries when the flooring was earth it there was no concern of Choresh when digging or filling in holes but there is a prohibition of Boneh (as it improves the structure of the floor).<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 255-6)


Chazon Ovadia Shabbat Vol. 4, Hilchot Choresh, Halacha 4 </ref>
#Some authorities hold that there's is no prohibition of owning Chametz to a shareholder of a company which owns Chametz on [[Pesach]] who has no say in the actions of the company, while others hold that one should sell the shares together with one's other [[Mechirat Chametz]] through the Rabbi. <ref>Piskei Teshuvot 440:1 and http://www.vbm-torah.org/pesach/stocks.htm quote the dispute. Rabbi Yisrael Belsky based on Rav Moshe and many others at the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5770 OU Pre-Pesach Webcast (5770 min 29-32)] permits someone who owns shares but doesn't have any say in the company, however if someone has 30% (or so) of the company it's considered as if one is a partner and it'd be forbidden. This is implied by Igrot Moshe EH 1:7. Rav Dovid Feinstein (cited by Journal of Halacha and Contemporary Society v. 24 p. 85) agreed that it is permitted to own stocks of a chametz company if one doesn't have any involvement in the voting or management of the company. Haelef Lecha Shlomo OC 238 agrees. Minchat Yitzchak 3:1 and Moadim Uzmanim 3:269 say that one should sell these stocks along with the rest of the chametz and not trade them during [[chol hamoed]]. Yalkut Yosef (Pesach v. 1 p. 599 5780, Shabbat 1-1 p. 129 5771) writes that it is permitted to own stock of a company that owns chametz on pesach if has no voting rights or say in how the company runs since it like he lent them money and isn't an owner.  </ref>


==Weeding==
==Storing the Chametz==


#It is forbidden to remove weeds from a field on [[Shabbat]].<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 255) </ref>
#Chametz which one sells to a non-Jew for [[Pesach]] should be put away in a closet or another partition of 10 [[Tefachim]] and not opened on [[Pesach]]. Similarly, one shouldn’t leave sold Chametz out in the refrigerator but rather it should be partitioned off with a wall of ten [[Tefachim]]. <ref>Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 6 and 8. <br>
see Rav Yisrael Belsky ([http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 27:00 and 28:30) says that one shouldn’t store Chametz that is sold on the shelves of the door of the refrigerator. Instead, it should be put in the back of the refrigerator and sealed off. <br>
Rav Meir Mazuz (Hashem Nisi part 1 pg. 13 and Ohr Torah 5749 Siman 101) writes that it is not appropriate to sell Chametz and then block it off with just a piece of paper right next to the food that is Kosher for Pesach because that makes the sale seem like a joke. Instead, one should lock it off in in the refrigerator or cabinets.</ref>


==Cleaning off one's shoes==
==Seventh Day on a Friday==


#The rabbinic prohibitions on this action are removing dirt from one’s shoe in a field [because you may come to fill a hole]. A tiled courtyard is included in this prohibition but a house isn’t (unless the ground is dirt). Others say that the only place where one can't clean mud off ones shoes or feet would be on a dirt floor, but on a wall or a paved floor, it would be permitted.<ref>S”A 302:6, 337:2, B”HL {{ibid}}. “VeYesh”
#If the seventh day of Pesach falls out on a Friday in Israel, some poskim say that that an Israeli can eat Chametz on that Shabbat and the Chametz isn't considered muktzeh because of the previous day. <ref>Yechave Daat 2:64, Yalkut Yosef 448:5 citing Yabia Omer 9:46 </ref> Others are strict. <ref>Or Litzion 3:9:4 </ref>


Chazon Ovadia shabbat 4 pg. 54 - this gezeirah was made incase one forgets its shabbat and once he wipes the mud of his shoes or legs, will come to flatten the ground (See tos. dilma shabbat 141a) </ref>
==Bedikat Chametz in Rooms That Are Sold==
#One can’t rub spit into the ground but one can step on it regularly.<ref>S”A 316:11, 39 Melachos (Rabbi Ribiat, vol 2, pg 255)
See [[Bedikat_Chametz#Renting_or_Selling_the_House_to_a_Non-Jew]]


Chazon Ovadia Shabbat Vol. 4, Hilchot Choresh, Halacha 6 </ref>
==Links==


==Plowing in a uncultivable land==
*[http://www.hebrewbooks.org/54541 Yalkut Yosef Hilchot Pesach vol. 1 (Hebrew, 5775)]
 
*[http://www.yutorah.org/lectures/lecture.cfm/718382/Rabbi_Mordechai_I_Willig/Mechirat_Chametz Mechirat Chametz] by Rabbi Mordechai Willig
#Even there's no issue of Choresh in digging or [[plowing]] in a arid desert soil, or under a low deck or porch where vegetation can not grow, nonetheless there is another concern of Boneh.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 254) </ref>
*Article on [http://www.yutorah.org/lectures/lecture.cfm/714420/Rabbi_Josh_Flug/Mechirat_Chametz:_Theory_and_Practice Mechirat Chametz: Theory and Practice] by Rabbi Josh Flug
 
==Sweeping and Rinsing Floors on Shabbat==
#One may not sweep in a courtyard even if it’s tiled as a prohibition of sweeping a field but sweeping in a house (with flooring, where majority of houses in the city have flooring) is permitted.<ref>Shulchan Aruch O.C. 337:2, Kitzur Shulchan Aruch 80:73, Mishna Brurah 337:14, Sefer Hilchot [[Shabbat]] (vol 2 pg 51, Choresh note 115, by Rabbi Eider) in name of Rabbi Moshe Feinstein), 39 Melachos (Rabbi Ribiat, vol 2, pg 256-7). See Chazon Ovadia (Shabbat v. 4, pp. 54-57). </ref> One shouldn’t use a broom with straw bristles because it’s definitely going to cause individual bristles to break.
<ref>
Rama O.C.  337:2. Birkei Yosef 337:1 quotes the Maharikash who disagrees and doesn't think that there is any melacha  occuring when a bristle of a broom breaks. Bet Meir agrees. Mishna Brurah 337:14 opines that it is forbidden since it is considered [[soter]], breaking of a utensil. Even though it is in a destructive fashion, [[mekalkel]], it is still rabbinically forbidden.</ref>#One should not rinse the floor of one's house, even if it is paved. If one specific part of ones floor became dirty, one may put water onto it and clean it up with a squeegee which wouldn't have any sechita issues.<ref>Chazon Ovadia (Shabbat v. 4 p. 49) </ref>
 
==Games on dirt==
===Playing with marbles===
 
#Playing marbles on a dirt floor is forbidden because it may smoothen the ground. Many poskim permit playing on flooring (wood, concrete, carpet), while others impose the prohibition to all floorings. Nonetheless, all agree that it's permissible to play marbles on a table or on a large floor mat.<ref>39 Melachos (Rabbi Ribiat, vol 2 pg 259)
 
Rav Ovadia Yosef (Chazon Ovadia Shabbat Vol.4, Hilchot Choresh Halacha 7) permits for playing with marbles on non-dirt floors for Sephardim, like brooming. </ref>
 
===Playing with dice===
 
#Playing with dice on the ground is forbidden because it may smoothen the ground. This prohibition applies even to flooring in a house but not a rug or a table.<ref>S”A 338:5, Mishna Brurah 338:20, Kalkelet [[Shabbat]] 2 </ref>
 
===Playing with soccer===
 
#One should not play soccer on a dirt field.<ref>Practical Halachos of [[Shabbos]] (pg 21) based on Mishna Brurah 308:158 who says that one shouldn't play with a ball on the ground because of the concern of flattening out the ground. </ref>
 
===Playing jacks===
 
#Since jacks and kugelach don't involve rolling it's permissible to play it on any surface.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 259) </ref>
 
==Playing with sand==
 
#There is no issue of Choresh in digging in fine dry sand (however, there is an issue of [[muktzah]]) and so it is permissible to drag a chair in sand even though it will make a furrow.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 252) </ref>
#It’s permissible for children to play with sand that’s fine, dry, and prepared before [[Shabbat]] for this use (as in a [[sandbox]]). One may not add water to the sand on [[Shabbat]].<ref>Shemirat Shabbat KeHilchata 16:4, Children in Halacha (Rabbi Simcha Bunim, pg 137-8), 39 Melachos (Rabbi Ribiat, vol 2, pg 253) </ref>
#One may not dig in moist or clumpy sand. Therefore if the sand in a [[sandbox]] is moist or has solidified as is common after the rain one should not allow children to play in the [[sandbox]].<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 254) </ref>
#Adding water to sand is a violation of the Melacha of [[Losh]] ([[kneading]]).<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 254) </ref>
 
==Dragging Heavy Objects==
 
#It’s permitted to drag a bed, chair, or bench on dirt if you don’t intend to make a hole with it. But a heavy bench or table which will definitely make a hole can’t be dragged even in a tiled courtyard [but is permitted in a house].<ref>Shulchan Aruch O.C. 337:1, Mishna Brurah 337:4, Beiur Halacha s.v. VeYesh </ref>
#It is permissible to push a carriage, stroller, or wheel chair on dirt because the wheels aren't digging up dirt but depressing it.<ref>Practical Halachos of [[Shabbat]] (pg 21) quoting Hilchos [[Shabbos]] by Rabbi Shimon Eider (pg 43 par 8) </ref> Other reasons to permit pushing a carriage are that the holes in the ground aren't intentional, aren't beneficial, and are made in an abnormal way.<ref>Shemirat Shabbat KeHilchata 28:48, Sh”t Yechave Daat 2:52 </ref>
 
==Compressing soil==
 
#Walking on soft dirt is permissible because one is merely compressing soil and not loosening it. However, one should be careful not to lift the wheels when turning to avoid scraping up dirt.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 258) </ref>
#It's permissible to push a carriage on soft soil because one is merely compressing soil and not loosening it.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 258) </ref>
#It's permissible to sit on a chair in the [[sukkah]] even thought the legs sink into the ground.<ref>39 Melachos (Rabbi Ribiat, vol 2, pg 259) </ref>
 
==High heel shoes==
 
#It is permitted to wear high-heeled shoes on bare soil, yet, it is preferable to walk slowly on the soil.<ref>39 Melachos (Rabbi Ribiat, vol 2, page 258), [http://www.dailyhalacha.com/Display.asp?PageIndex=12&ClipID=1176 Rabbi Eli Mansour on dailyhalacha.com] </ref>
 
==Description==
<p class="indent">Most commentaries believe plowing was needed for growing plants, which were used as dyes for the Mishkan.<ref name="ftn39">Rashi 73a s”v HaOfeh. For another opinion, see the introduction to Eglei Tal s”k 1.</ref> Commentaries dispute the scope of the Av Melacha. Some believe the Av Melacha is limited to plowing<ref name="ftn40">Meiri 73b s”v HaChoresh </ref> while others believe any form of digging<ref name="ftn41">Orchos Shabbos 28 note 68, based on Rashi Beitzah 23b s”v Mipnei Sh’Koveshes, argues stroller wheels do not dig but rather press dirt down and this is permitted. However, Orchos Shabbos argues pressing dirt down for the purpose of planting seeds is forbidden under Choresh. This distinction here between intending to plant and not intending to plant is not clear to me. </ref> constitutes the Av Melacha.<ref name="ftn42">Rambam Hilchos Shabbos 7:2, Ritva 73b s”v HaChofer</ref> All agree that any form of landscaping improvement, with the intention to improve the ground<ref name="ftn43">Shabbos 73b</ref>, violates a tolada.<ref name="ftn44">Shabbos 103a (and see the Meiri there s”v HaMenachesh), Yerushalmi Shabbos 7:2, Rambam Hilchos Shabbos 8:1 and the Mishna Brurah’s introduction to Orach Chaim 337. However, the Eglei Tal Choresh s”k 9 argues, based on Rashis 73b s”v Melacha Achas and s”v Mishum Choresh, that Rashi limits the melacha to only softening the ground for planting. See also Rashis 73b s”v Guma and s”v Patur Aleha.</ref> Examples include fertilizing<ref name="ftn45">The Yerushalmi Shabbos 7:2 says m’zavel is an example of Choresh. Rabbenu Chananel on Shabbos 73b and the Chayei Adam Hilchos Shabbos 10:3 cite this Yerushalmi. While the Rambam does not explicitly mention a prohibition of fertilizing, the Nishmas Adam 10:1 argues the Rambam includes it when the Rambam Shabbos 8:1 writes “any act which improves the ground is a tolada of Choresh.” However, the Eglei Tal Zoreah s”k 22 in the end of the Hagah argues m’zavel is only rabbinically prohibited. </ref> and removing weeds.<ref name="ftn46">The Rambam Shabbos 8:1 mentions m’nachesh and the Mishna Brurah cites this in his introduction to 337.</ref></p>
<p class="indent"> Authorities disagree if the Melacha of Choresh requires making the ground fit for growing plants or improving any ground is also Choresh.<ref name="ftn47">The Ohr Zarua 55, citing Pesachim 47b, argues the ground must be fit for growing plants. However, one could negate the citation of Pesachim by claiming it is only referring to Kilayim. The Pnei Yehoshua Shabbos 73b s”v Michdi and the Mishna Brurah, in his introduction to 337, concur that the ground must be fit for growing plants.
 
*The Yerushalmi Shabbos 7:2 says sweeping is included in Choresh. This approach must say either: 1) this is against the Bavli Shabbos 73b that digging a pit in one’s house is only a violation of boneh, 2) sweeping is only a rabbinic prohibition, 3) the Yerushalmi discusses a case where one sweeps outside, or 4) the Yerushalmi discusses a case where the dirt floor is fit for growing plants and the Bavli discusses a case where the dirt floor is not fit for growing plants.
*At first glance, Tosafos Shabbos 39a s”v Mipnei, disagrees with this approach above. However, the Maharam s”v B’emtza Dibburo V’od argues that Tosafos is only saying that this is a rabbinic prohibition. It is thus possible Tosafos agrees on a Torah level that the ground must be able to grow plants.</ref> Similarly, a dispute exists if improving the ground for non-agricultural purposes violates Choresh.<ref name="ftn48">The Meiri, commenting on the Mishnah 73a and the Pnei Yehoshua Shabbos 73b s”v Michdi argue Choresh must be for agricultural purposes. The Shita LaRan, Shabbos s”v Haysa appears to disagree. This position of the Shita LaRan may be supported by the Yerushalmi mentioned in note 9 which includes sweeping in Choresh. However, the possible answers mentioned in note 9 are relevant here as well.
 
*Ohr Zarua, mentioned in Shaar HaTziyun 336:18, holds a middle view that pouring water on fallow ground, even without intentions to plant, violates Choresh if the ground has been designated for plowing.</ref> Additionally, while it certainly is forbidden to plow with animals on Shabbos, commentaries disagree if this is a violation of Choresh.<ref name="ftn49">The Rambam in Hilchos Shabbos 20:2 appears to say plowing with an animal violates Lo Sa’aseh Kol Melacha Ata U-Behemtecha. Shabbos 153b says one does not receive malkus for this lav. (See the Magid Mishnah there for a different explanation of the Rambam.) The Ramban, in his Chiddushim to Shabbos 154b and his comments on the Rambam’s Sefer HaMitzvos, Shoresh 14, argues plowing with an animal is simply plowing using an object. As such, the Ramban believes one who intentionally plows with an animal is liable for stoning. See also the Chazon Ish, Orach Chaim 36 s”k 2.</ref></p>
Based on a confluence of factors, one does not violate Choresh by pushing a stroller on dirt.<ref name="ftn50">Shemiras Shabbos Kehilchasa (new edition) 28:48. See also Chut Shani volume 1 on Hilchos Shabbos, page 74.</ref>


==Sources==
==Sources==
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[[Category:Shabbat]]
[[Category:Pesach]]
[[Category:Holidays]]
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Revision as of 04:10, 22 January 2025

Institution of Selling Chametz

  1. Some authorities question the sale of complete Chametz, however, most authorities allow it and such is the minhag. [1]
  2. A store shouldn't buy non-perishable chametz before Pesach, then sell them to a non-Jew, so that he can have them immediately after Pesach and sell them.[2]
  3. There’s no reason or special practice to sell Chametz if one can eat all one’s Chametz. [3]

Those who don't sell real Chametz

  1. Even if one wants to observe this stringency, it is advisable to perform Mechirat Chametz for mixtures of Chametz. [4]
  2. If one doesn’t sell real Chametz such as cake, bread, or noodles, one may still sell ketchup, mayonnaise or any mixture of a minority of chametz. [5]
  3. If one doesn’t sell real Chametz such as cake, bread, or noodles, one may still sell flour commonly found in the market which is Chametz since in the processing the grain is washed and comes into contact with water. [6]

Procedure of Selling Chametz

  1. When selling Chametz one should write down one’s address and, if one is going away for Pesach, provide access to get in by leaving the keys by the Rabbi, neighbors, or security guard. If one feels uncomfortable doing that one should at least write down one’s cell phone number at which one would be reachable over Pesach.[7]
  2. A person should appoint the rabbi to sell his chametz by the seller picking up a handkerchief of another item of the rabbi. If that can not be done, the seller should sign the authorization document. In cases of great need he can appoint the rabbi orally over the phone.[8]
  3. One should make sure to sell one's chametz completely and not with a gift with a condition that it must be returned after Pesach. [9]However, one may assure the non-Jew that one will buy it back after Pesach and make it profitable for the non-Jew.[10]
  4. One who sells his Chametz, should not sell the containers which are holding the Chametz to the goy because if he does so, he may be required to dip them in the Mikveh again.[11] If one did so, he should dip them in the mikveh after Pesach, without a beracha.[12]
  5. One may not sell one's chametz to a Jew who "converted" to another religion.[13]

Stocks of companies which own Chametz

  1. Some authorities hold that there's is no prohibition of owning Chametz to a shareholder of a company which owns Chametz on Pesach who has no say in the actions of the company, while others hold that one should sell the shares together with one's other Mechirat Chametz through the Rabbi. [14]

Storing the Chametz

  1. Chametz which one sells to a non-Jew for Pesach should be put away in a closet or another partition of 10 Tefachim and not opened on Pesach. Similarly, one shouldn’t leave sold Chametz out in the refrigerator but rather it should be partitioned off with a wall of ten Tefachim. [15]

Seventh Day on a Friday

  1. If the seventh day of Pesach falls out on a Friday in Israel, some poskim say that that an Israeli can eat Chametz on that Shabbat and the Chametz isn't considered muktzeh because of the previous day. [16] Others are strict. [17]

Bedikat Chametz in Rooms That Are Sold

See Bedikat_Chametz#Renting_or_Selling_the_House_to_a_Non-Jew

Links

Sources

  1. ↑ The institution of Mechirat Chametz is based on a Tosefta (Pesachim 2:6) that says that a Jew on a boat with a non-Jew may sell his Chametz to the non-Jew and then buy it back after Pesach. This is codified by the Rambam (Pesach 4:6) and Shulchan Aruch 448:3. The Beit Yosef 448:3 writes that selling it before Pesach and buying it back is Ha’arama (a scheme to avoid a prohibition) and yet it is permitted. The Talmid Haritva printed at the end of the Chiddushei Haritva on Pesachim limits this permission to an incidental sale of the Chametz but doesn't allow the sale in an institutionalized manner.
    • Gemara Shabbat 139b says that a certain Rabbi slept on a non-Jew’s boat on Shabbat claiming that he intended to sleep, even though he knew the non-Jew would sail the boat across the river. The Gemara says that his claim was HaAramah, but is permitted since it’s only an rabbinic prohibition and he was a talmid chacham. Bechor Shor (Pesachim 21a) learns from here that Ha’aramah is permitted only if the issue is derabbanan. He writes that after Bitul, the issue of owning Chametz is only derabbanan and Ha’aramah is acceptable. Bet Efraim 1:33 and Minchat Bikkurim (Tosefta 2:7) agree. Yeshuot Yakov 448:9 theoretically agrees with the Tevuot Shor but in practice forbade selling chametz to a non-Jew to sell to one's animals because of haarama.
    • Mekor Chaim 448:11 rejects the Bechor Shor and explains that in Gemara Shabbat HaAramah was only permitted on an isser derabbanan because the Rabbi was actually violating an prohibition, however, by selling Chametz, one circumvents the issue altogether.
    • Rav Yosef Dov Soloveitchik (quoted by Rav Hershel Schachter in Nefesh HaRav p. 177) held that one shouldn’t sell Chametz BeEyn, actual chametz. [Halachos of Pesach (pg 32) defines Chametz BeEyn as mixtures which have a majority or equal amount of Chametz in comparison to the non-Chametz ingredients.] This opinion is based on the idea that Ha’aramah shouldn’t be performed except for Derabbanan issues. According to this, one may rely on Rabbeinu Tam (Pesachim 42a s.v. VeElu), who holds that mixtures of Chametz are only a derabbanan issue of Bal Yeira’eh.
    • Rav Schachter in BeIkvei HaTzon (siman 15) writes to defend the minhag that Ha’aramah is acceptable to avoid an isser, but not to exempt one from a mitzvah because at the end of the day, one didn’t fulfill the mitzvah. Therefore, selling one’s Chametz only avoids the isser, and one may still fulfill the mitzvah of Tashbitu with burning the last unsold kezayit.
    • Halachos of Pesach (p. 123) records the practice of Rav Aharon Kotler not to sell Chametz BeEyn. However, Halachos of Pesach quoting Rav Moshe Feinstein, Tzitz Eliezer 20:51(2), and Yalkut Yosef 448:3(1) permit selling all forms of Chametz. A Guide to Practical Halacha v. 5 p. 66 n. 5 also quotes Rav Moshe to this effect, but the Debrecener held one should try to use up one's chametz before Pesach. Halachos of Pesach (p. 123) writes that most poskim allow the sale and that such is the minhag. See, however, Haggadah of the Roshei Yeshiva (pg 13) which writes that Rav Moshe's minhag was not to sell actual chametz but he did sell alcoholic beverages.
  2. ↑ Yalkut Yosef 448:3:9 writes that even though the minhag is to use the sale of Chametz a store shouldn't initially buy chametz in order to sell it.
  3. ↑ Rabbi Sobolofsky at yutorah.org between minutes 12 and 13
  4. ↑ Halachos of Pesach (p. 123) writes that sometimes those who desired not to sell Chametz unknowingly retained Chametz items. He adds that a student in a dorm should not assume that his Chametz was sold for him; rather, he should specifically request his father (or another individual) to be his representative to sell his Chametz. http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html also says that one should sell his chametz even if he doesn't think he has any because there may be denatured ethyl alcohol in deodorant, shaving cream, or cologne.
  5. ↑ Rav Schachter on OU Pre-Pesach Webcast 5771 between minutes 26 and 27
  6. ↑ Rav Yisrael Belsky on OU Pre-Pesach Webcast 5771 between minutes 79 and 80
  7. ↑ Rabbi Sobolofsky at yutorah.org between minutes 4 and 6
  8. ↑ Rav Moshe Feinstein (cited by A Guide to Practical Halacha v. 5 p. 65 n. 4)
  9. ↑ Shulchan Aruch 448:3 writes that one may not do a Matana Al Menat LeHachzir. Kitzur Shulchan Aruch 114:6 agrees. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as Shulchan Aruch 558:4), by chametz because of the chumra of chametz one may not do a Matana Al Menat LeHachzir.
  10. ↑ Kitzur Shulchan Aruch 114:6, Mishna Brurah 448:23
  11. ↑ Chachmat Adam 73:3, Yechave Daat 3:24
  12. ↑ Yechave Daat 3:24, Nitai Gavriel Pesach 1:44:8
  13. ↑ Kitzur Shulchan Aruch 114:7
  14. ↑ Piskei Teshuvot 440:1 and http://www.vbm-torah.org/pesach/stocks.htm quote the dispute. Rabbi Yisrael Belsky based on Rav Moshe and many others at the OU Pre-Pesach Webcast (5770 min 29-32) permits someone who owns shares but doesn't have any say in the company, however if someone has 30% (or so) of the company it's considered as if one is a partner and it'd be forbidden. This is implied by Igrot Moshe EH 1:7. Rav Dovid Feinstein (cited by Journal of Halacha and Contemporary Society v. 24 p. 85) agreed that it is permitted to own stocks of a chametz company if one doesn't have any involvement in the voting or management of the company. Haelef Lecha Shlomo OC 238 agrees. Minchat Yitzchak 3:1 and Moadim Uzmanim 3:269 say that one should sell these stocks along with the rest of the chametz and not trade them during chol hamoed. Yalkut Yosef (Pesach v. 1 p. 599 5780, Shabbat 1-1 p. 129 5771) writes that it is permitted to own stock of a company that owns chametz on pesach if has no voting rights or say in how the company runs since it like he lent them money and isn't an owner.
  15. ↑ Rabbi Sobolofsky at yutorah.org between minutes 6 and 8.
    see Rav Yisrael Belsky (OU Pre-Pesach Webcast 5771 between minutes 27:00 and 28:30) says that one shouldn’t store Chametz that is sold on the shelves of the door of the refrigerator. Instead, it should be put in the back of the refrigerator and sealed off.
    Rav Meir Mazuz (Hashem Nisi part 1 pg. 13 and Ohr Torah 5749 Siman 101) writes that it is not appropriate to sell Chametz and then block it off with just a piece of paper right next to the food that is Kosher for Pesach because that makes the sale seem like a joke. Instead, one should lock it off in in the refrigerator or cabinets.
  16. ↑ Yechave Daat 2:64, Yalkut Yosef 448:5 citing Yabia Omer 9:46
  17. ↑ Or Litzion 3:9:4
Time Topic
Before Pesach
Month of Nissan - Shabbat HaGadol - Bedikat Chametz - Biur Chametz - Bitul Chametz - Tanit Bechorot - Erev Pesach - Selling Chametz - Erev Pesach That Fell out on Shabbat - Candle Lighting on Yom Tov - Kashering the kitchen for Pesach - Which foods, medications, cosmetics, and toiletries are Chametz? - Kitniyot - Chametz of a non-Jew - Owning Chametz on Pesach
Kaddesh - Urchatz - Karpas - Yachatz - Maggid - Rachsa - Motzei Matzah - Maror - Korech - Shulchan Orech - Tzafun - Barech - Hallel of the Seder - Nirtzah - Kriyat Shema Al HaMitah
- Setting the Table (The Seder plate) - Arvit of the night of Pesach - Leaning during the Seder - Required Amount of Matzah and Wine for the Seder - The four cups of wine - Matzah
After Pesach
Issru Chag - Chametz which a Jew owned on Pesach - Pesach Sheni
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