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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. 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. | ||
