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Selling Chametz: Difference between revisions
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==Institution of Selling Chametz== | ==Institution of Selling Chametz== | ||
# 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 | # 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. | ||
* 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 isser derabbanan 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. | * 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 isser derabbanan 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. | ||
* 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 isser, however, by selling Chametz, one circumvents the issue altogether. | * 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 isser, however, by selling Chametz, one circumvents the issue altogether. | ||
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* 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]]. | * 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. 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> | * 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. 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> | |||
===Those who don't sell real Chametz=== | ===Those who don't sell real Chametz=== | ||
# 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> | # 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> | ||
