Selling Chametz: Difference between revisions
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#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. | #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 | *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 | *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. [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 Yosef Dov Soloveitchik (quoted by Rav Hershel Schachter in Nefesh HaRav p. 177) held that one shouldn’t sell Chametz BeEyn. [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]]. | *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]]. | ||
