What Chametz is included in the sale

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What Chametz is included in the standard sale:

All Chametz that one owns is included in the standard sale contract used today. This applies to all forms of Chametz, whether it is big or small, expensive [i.e. bottle of whisky], or worthless [i.e. a cracker or pretzel], known or unknown[1], it is all included in the sale.[2] [Accordingly, one who performs Mechiras Chametz is not to destroy Chametz that he finds on Pesach, as will be explained below.]

Chametz vessels: There is no need to sell one’s Chametz vessels to the gentile[3], unless they contain actual Chametz that is not able to be washed off.[4] Accordingly, the sale contracts explicitly include all Chametz vessels that have Chametz stuck to them.[5] These vessels are rented to the gentile over Pesach.[6] Chametz vessels that are sold to a gentile and remain in one’s home do not require Tevila after Pesach.[7]

Inedible products: There is no need to sell inedible Chametz products [i.e. shampoo, soap etc] for Pesach and include it in the sale. Nevertheless, some contracts include the sale of inedible products that may contain Chametz, such as perfume, cosmetics, soap and shampoo.[8] See Chapter 6 Halacha 4 for the full details of this matter.

 

 

Q&A

May one sell actual Chametz and leave it at home during Pesach?

Yes, and so is the Chabad custom. However, there are those who are particular against doing so, as explained in Halacha 1 and the introduction.

 

Are pieces of Chametz that are in the Chametz room/closet included in the sale?

Yes, in the contract Admur writes that all Chametz in the rooms rented are included in the sale even though they have no market value and would not be bought by anyone. Accordingly, there is no need to perform Bedikas Chametz in these areas. See Chapter 4 Halacha 2 in Q&A!

 

May one include Chametz wine in his Mechiras Chametz for Pesach?

Yes. After Pesach the wine remains Kosher and there is no issue of Yayin Nesech.[9]

 

 

Should Chametz Shirayim that one received from his Rebbe be included in the sale to the gentile?[10]

The Shirayim should not be sold and is rather to be eaten before Pesach.[11]

 

 

Must Chametz vessels that were sold to the gentile be reimmersed after Pesach?[12]

Some Poskim[13] rule that if the contract included that the actual Chametz vessels were sold/rented to the gentile over Pesach, then they must be reimmersed in a Mikveh after Pesach. Other Poskim[14] however rule that Chametz vessels that are sold to a gentile and remain in one’s home throughout Pesach, do not require Tevila after Pesach, and so is the final ruling and custom today.[15] If, however, the vessels are taken by gentile, then not only do they require reimmersing, but also require Kashering.[16]

 

 

Finding Chametz on Pesach:

Being that all one’s Chametz is included in the sale to the gentile, as explained above, therefore, one who performed the Mechira and finds Chametz in his property on Pesach, is not to destroy it, being it belongs to the gentile. Rather, he is to sweep it to the area designated for the gentile. Certainly, it is forbidden to say a blessing on destroying such Chametz. See Chapter 2 Halacha 9A for the full details of this matter!

 

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[1] Vetzaruch Iyun regarding Chametz that one had no knowledge of at the time of the sale, as he nullified it before Pesach when saying the Bittul, and hence it is no longer his to sell. If this is true, then one would be required to destroy it on Pesach even if he sold his Chametz and would say a blessing if the Chametz is a Kezayis in size. However, in truth, this question is a general question on the Bittul, and as to how the sale and Bittul do not contradict each other, as on the one hand, all Chametz that one plans to sell is not included in the Bittul, and on the other hand one plans to sell all the Chametz. Vetzaruch Iyun. However, perhaps one can suggest that since the Bittul is Rabbinically invalid, it is at least Rabbinically considered that one owns the Chametz, and it is this Rabbinical ownership that is being sold, even if one does Bittul. Likewise, perhaps by the gentile renting the areas of the Chametz he likewise acquires these areas, as ruled in 436:20.

[2] The common sale contracts that are given to the gentile include the following clause: Included in the sale is all pieces of Chametz found in all the mentioned areas, which do not have any sales worth, and are not purchasable, they belong to the gentile. [Clause in Shtar Mechira of Admur, brought in Hilchos Mechiras Chametz in end of Hilchos Pesach in Shulchan Aruch Harav] Accordingly, all Chametz is included in the sale. [Shevet Halevi 9:116; Mikraeiy Kodesh 1:74; Teshuvos Vehanhagos 2:211; Piskeiy Teshuvos ibid; Nitei Gavriel 3:4; footnote 22]

[3] Admur 447:3; See Chapter 2 Halacha 5 and chapter 3 Halacha 6

[4] Admur 442:31; See Admur 442:28 [brought in Chapter 3 Halacha 4] that from the letter of the law it must only be sold if it contains a Kezayis.

[5] Shtar Mechira of Admur

Which types of vessels is Admur referring to in the contract? See Shaar Hakolel on Seder Mechira 17 that the vessels mentioned in the contract refer to non-meal vessels, as one is required to clean all his meal vessels from Chametz; The Rebbe however in Likkutei Sichos 16:129 [printed in Shaarei Halacha Uminhag 2:194] negates this explanation and says it refers to all vessels that could not be cleaned for whatever reason, including meal vessels, as explains Admur 442:31

[6] Nussach of Shtar Mechira of Admur; See Likkutei Sichos 16:129

Other opinions: Some Poskim rule that one should not include in the sale any of his Chametz vessels, as otherwise they will require immersion after Pesach. Thus, they are careful to write in the contract that they do not intend to sell the actual vessels but rather only the Chametz that is on the vessels. [Shivas Tziyon 11 in name of his father the Noda Biyehudah; Chasam Sofer 109 in name of Rav Nassan Adler; brought in Shaar Hakolel on Shtar Mechira 17 who explains that the vessels mentioned in the contract of Admur is only referring to non-meal vessels which thus anyways do not require to be toiveled. The Rebbe ibid however negates his explanation.

[7] See Q&A!

[8] Shtar Mechira of Divrei Malkiel 4:24 regarding perfume and cosmetics; Shtar Mechira of Rebbe Rashab included some products of inedible Taaruvos Chametz; So is also written in the Shtar Mechira of “Seder Mechiras Chametz” [Levin] p. 183 which is endorsed by Vaad Rabbanei Chabad; See however Chapter 6 Halacha 4 that in truth there is no need to sell such products, and it is better not to do so, as people may come to use the products as is Halachically allowed. Vetzaruch Iyun! When I questioned Rav Levin as to why he entered this in the contract he stated this was not his decision, but that of Vaad Rabbanei Lubavitch.

[9] As there is no prohibition to drink the wine of a gentile that is under constant supervision and guarding of a Jew. [See Shulchan Aruch Yoreh Deah chapter 131 in length]

[10] Likkutei Sichos 16:129 [printed in Shaarei Halacha Uminhag 2:193]; The Tzemach Tzedek instructed the Rebbe Rashab to eat the candies that he received from him before Pesach, rather than sell it to a gentile. Chassidim tell over that they would always eat their shirayim before pesach rather then sell them to a gentile. [Rebbe ibid]

[11] The reason: The reason for this is because it is not honorable to one’s Rebbe to take the shirayim that he was given and sell it to a gentile. [Rebbe ibid]

[12] See Likkutei Sichos 18:364, printed in Shaarei Halacha Uminhag 2:194 and Shulchan Menachem 2:285]; Piskeiy Teshuvos 448:8

[13] Shivas Tziyon 11 in name of his father the Noda Biyehudah; Chasam Sofer 109 in name of Rav Nassan Adler

[14] Implication of Admur in Seder Mechira; Gloss of Chochmas Shlomo 448; Shoel Umeishiv 51; Halef Lecha Sholomo Y.D. 194; Aruch Hashulchan Y.D. 120:52; Darkei teshuvah 120:90; Rebbe in Likkutei Sichos, printed in Shaarei Halacha Uminhag 2:194; Poskim in Piskeiy Teshuvos ibid

[15] The reason: The reason the Torah requires a vessel to be Kashered is not because of some external impurity that is transmitted to the vessel by a gentile, and thus requires cleansing prior to use of a Jew, but rather due to Kashrus reasons. The mere fact that a vessel was owned by a gentile, and could have been used for non-Kosher foods, gives it a potential of being non-Kosher. Now, being it’s not common at all that the sold vessels of Mechiras Chametz will be used by the gentile, it’s not considered to have a potential of being used by the gentile for non-kosher foods, and hence does not need immersion. [Rebbe ibid]

[16] Rebbe ibid; However, see footnote 35 “However possibly one can say that even in this case Tevilah is not required being that Tevilas Keilim is a novelty, and thus we do not apply to instances where it’s not specifically mentioned to require tevilah being that the instance is not common to occur.”

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