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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 S”A 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. | # 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 S”A 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. | ||
* 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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==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>S"A 448:3 writes that one may not do a Matana Al Menat LeHachzir. Kitzur S"A 114:6 agrees. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as S"A 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 S"A 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>S"A 448:3 writes that one may not do a Matana Al Menat LeHachzir. Kitzur S"A 114:6 agrees. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as S"A 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 S"A 114:6, Mishna Brurah 448:23</ref> | ||
==Stocks of companies which own Chametz== | ==Stocks of companies which own Chametz== | ||
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==Storing the Chametz== | ==Storing the Chametz== | ||
# 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 </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 </ref> | ||
# One shouldn’t store sold Chametz on the shelves of the door of the refrigator but rather should be put in the back of the refrigerator and sealed off. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 27:00 and 28:30 </ref> | # One shouldn’t store sold Chametz on the shelves of the door of the refrigator but rather should be put in the back of the refrigerator and sealed off. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 27:00 and 28:30 </ref> | ||
==References== | ==References== | ||
<references/> | <references/> | ||
