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Selling Chametz: Difference between revisions
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==Procedure of Selling Chametz== | ==Procedure of Selling Chametz== | ||
# When selling Chametz one should write down one’s address, and 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> | # When selling Chametz one should write down one’s address, and 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> | ||
# 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> | # 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 may not sell one's chametz to a Jew who "converted" to another religion.<ref>Kitzur | # One may not sell one's chametz to a Jew who "converted" to another religion.<ref>Kitzur Shulchan Aruch 114:7</ref> | ||
==Stocks of companies which own Chametz== | ==Stocks of companies which own Chametz== | ||
# 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] between minutes 29:30 and 32:00 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. 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]]. </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] between minutes 29:30 and 32:00 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. 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]]. </ref> | ||
