Bots, Bureaucrats, Interface administrators, Suppressors, Administrators, wiki-admin, wiki-controller, wiki-editor, wiki-reader
1,210
edits
Selling Chametz: Difference between revisions
From Halachipedia
no edit summary
(clarified to what was said in Rabbi Sobolofsky's shiur. He explicitly was talking about when one would be away for Pesach, not when one is home for Pesach.) |
No edit summary |
||
| (2 intermediate revisions by the same user not shown) | |||
| Line 5: | Line 5: | ||
*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. | *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. | *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, 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]]. | *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. 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> | #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> | #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> | ||
| Line 19: | Line 19: | ||
==Procedure of Selling Chametz== | ==Procedure of Selling Chametz== | ||
#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> | #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 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 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> | ||
| Line 51: | Line 52: | ||
[[Category:Pesach]] | [[Category:Pesach]] | ||
[[Category:Holidays]] | [[Category:Holidays]] | ||
{{Pesach}} | |||
