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Mechiras Chametz for this year that Erev Pesach falls on Shabbos
- Mechiras Chametz when Erev Pesach on Shabbos:[1]
When Erev Pesach on Shabbos, the sale transaction with the gentile is preceded to Erev Shabbos the 13th.[2] This creates the following dilemma; what is the status of all the Chametz food that will be eaten from the time the sale takes place on Friday, until Shabbos morning when the actual owning of Chametz prohibition begins. Who owns this Chametz? If it is owned by the Jew, this means that any leftover Chametz from the time of the sale and onwards must be destroyed or removed from one’s home into a public for all area and may not be placed in the closets or rooms that have been sold to the Gentile. On the other hand, if it is included in the sale that has taken place on Friday, then how can one eat from this Chametz after the sale? How can he fulfill the Shabbos meals with bread that now officially belongs to the Gentile? It is due to this dilemma that the Poskim differ as to the proper way of doing the sale in such years. The following are the various methods:
- Some Rabbanim are accustomed to do the sale before midday/6th hour of Erev Shabbos and have it take effect right before the start of Shabbos begins.[3] Amongst those who do it this way some explicitly exclude from the contract any Chametz that is set aside to be eaten for the Shabbos meal. This means that this Chametz belongs to the Jew and hence any leftovers that are left on Shabbos, must be destroyed, such as to be thrown in the toilet, or thrown in a public for all area [if there is an Eruv] prior to the start of the sixth hour on Shabbos. If any of these leftovers are suddenly discovered over Pesach, then it must be burnt on Chol Hamoed.
- Others[4], however, are accustomed to include all of the Chametz in the sale to the Gentile, and hence none of the leftover Chametz from the Shabbos meals belong to the Jew and needs to be discarded prior to the start of the sixth hour on Shabbos. Rather, it suffices to simply place it in the area that has been designated as sold to the Gentile. Nevertheless, even according to this approach, we retain permission to eat the Shabbos Chametz that has officially been sold to the Gentile, as the contract explicitly states that the Gentile gives permission for anyone who wants to take from and eat the Chametz, and that this will be calculated into the sale that takes place after Pesach. The advantage of this method is that all of one’s Chametz is considered sold to the Gentile, although it ends up that one is eating Chametz of a Gentile on Shabbos. This however contains no halachic meaning or ramification.
- Other Rabbanim perform the sale anytime on Erev Shabbos and have it only take effect on Shabbos after the 5th[5] The advantage of this method is that it includes all of the Shabbos Chametz in the sale, and all of the Shabbos Chametz remains in the ownership of the Jew until the sale takes effect on Shabbos, and hence he is eating from his own Chametz. The glaring disadvantage of this approach however is the fact that the business deal is taking place on Shabbos which is a seeming Shabbos violation. The defense for this method is that it is only viewed as a Shabbos violation if the acquisitions take place on Shabbos, however if the acquisitions take place before Shabbos then there is no problem for the transaction of ownership to fall on Shabbos. This matter is indeed debated amongst the Poskim.
Final Conclusion: Every Rav who is involved in the sale should publicize to those who do the sale through him, which method he is using this year, so they know what to do with the leftover Chametz on Shabbos. Likewise, every individual should ask the Rav as to whether or not his sale includes the Shabbos Chametz, and as to what should be done with the Shabbos Chametz leftovers. However, as a personal suggestion, I would recommend using the second method above which sells all of the Chametz before Pesach and simply has an inclusion into the contract that the Gentile allows one to use it.
A Maaseh Shehaya
In the year 2008, Erev Pesach fell on Shabbos just like this year. At that time I served as a chaplain in the IDF and spent much of that week assisting soldiers , officers, and commanders in selling their Chametz. Unfortunately, due to a slip in my memory I had forgotten to arrange a sale for one of my closest Mekuravim on the base who I know would be home with his parents for Pesach, and only remembered as I was driving to Jerusalem late Friday afternoon. In normal years, it is too late to do the sale, however in years such as these, although the sale transaction usually takes place earlier in the day, the transfer of ownership is delayed either until the start of Shabbos or even Shabbos days as explained above, and many rabbis explicitly write in the document that even late power of attorney signatures is acceptable. So I immediately got on the phone to arrange with a rabbi to accept this families power of attorney signature and have it sent to the Gentile by fax. I then immediately called my Mekurav and hurriedly told him that I forgot to sell his Chametz to the rabbi as is accustomed but I just remembered and I arranged for it to be done right now and that he she quickly ask his parents permission to sell their Chametz. At first, he responded that he doesn’t own any Chametz as he got rid of it all that morning, [not understanding the ramification of what he was saying, he added that] all he has is a number of bags of flour and pasta and cans of beer that have all been stored below in a closet in the basement. I immediately told them that that this is also Chametz and needs to be sold. So being an innocent Jew who wants to do the right thing he went to speak to his parents and they agreed to sign on the document and gave me their address for me to write it in. However, due to lack of time, and thinking that everyone knows the obvious of how the sale of Chametz works I did not bother mentioning to him any of the details of the sale and how it would take place. I simply collected his name, his parents name, and their address and sent it to the Rav who was eagerly waiting to fax it to the Gentile. After approximately an hour after this event the Mekurav calls me and asks me when the rabbi would be coming to pick up the sold Chametz. Taken aback by the question I explained to him that the Chametz can remain in his closet in the basement and that the rabbi is not actually coming to pick it up as it is a virtual sale. He then asked me “so you mean I should bring it all back down, we brought all of the Chametz that was in the closet upstairs and outside to our front yard and we been waiting for 20 minutes for the rabbi to come and pick it up.” I felt so embarrassed not having explained to him properly how the sale would work, but also felt the great innocence of simple Jews talked about by the Baal Shem Tov. I apologized to him for the misunderstanding and told him to bring all of the Chametz back downstairs to the closet where it was originally. He then concluded with one last question, “Rabbi, if you can just explain to me one more thing, why is it okay for the rabbi to own our Chametz over Pesach but not us!”
The lesson learned: Never underestimate the purity and innocence of a simple Jew, and if only the scholar would one day reach this level of Temimus, and also, please explain what you are doing when you sell someone’s Chametz by having them sign on the document of power of attorney.
[1] See Shoel Umeishiv 6:50, 55; Maharam Shick O.C. 131 and 205; Maharshag 2:117; Toras Chesed 1:13; Arugas Habosem 1:103; Daas Torah 444:1-2; Levushei Mordechai Kama 75; Machaneh Chaim 3:22; Minchas Elazar 3:26; Imrei Yosher 1:146; Sdei Chemed 9:35; Har Tzevi 126; Zichron Yehuda 1:115; Poskim in Piskeiy Teshuvos 444:17; Nitei Gavriel Pesach Shechal Bierev Shabbos 5
[2] Admur 448:16
[3] Maharam Shick 205; Arugas Habosem ibid; Daas Torah ibid; 1st option in Piskeiy Teshuvos ibid
The reason: The problem with having the sale take effect by midday is that there are still storeowners who are selling Chametz after midday. The reason they arrange for the sale to take effect before Shabbos is because a sale may not be done on Shabbos.
[4] Badatz Eida Hachareidis, brought in Kaneh Bosem p. 159 footnote 8
[5] See Toras Chesed ibid; Shoel Umeishiv ibid; Maharam Shick 131; Daas Torah ibid; Machaneh Chaim ibid;
The reason: As many Poskim rule there is no prohibition against making the sale take place on Shabbos if all the transactions took place beforehand. [See Poskim ibid]
Mechiras Chametz laws relevent for all years
Mechiras Chametz:
A. The obligation:- Anyone which is planning to own Chametz over Pesach is Biblically required to sell his Chametz prior to Pesach.
- One who has cleaned his house from any known Chametz is not obligated to do Mechiras Chametz.
- Nevertheless, the custom today is to be extra meticulous and do Mechiras Chametz just in case some Chametz has remained in his possession without his knowledge.
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 which are particular against doing so.
Should one arrange a sale of Chametz for non religious people who may perhaps use the Chametz that was sold During Pesach?
Yes.
Does one have to sell his Chametz stocks?
A person who owns stocks of a company which deals with Chametz foods should include these stocks in the Mechiras Chametz. However, some hold that if the stockholder does not have any power over anything in the company, then he does not need to sell. Whatever the case, according to all one may not sell Chametz stocks on Pesach.
Are pieces of Chametz that are in the Chametz room that is being rented to the gentile 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.
May/Should the Gabai sell the Chametz of the Shul?
The Gabai is unable to sell the Chametz, just like he may not nullify the Chametz, being that it does not belong to him but rather to others. However, some Poskim bring that the gabai, or another person appointed by the Shul, is able to sell the Shul’s Chametz, especially if the Shul is privately owned by an Admur or Rav which makes all the decisions of the Shul. [Nonetheless, even if sold one must still clean and search for Chametz in the Shul.] Practically the custom is for the Gabai or another person appointed by the shul directors to sell the Chametz, in addition to them doing the Bedikah.
Time zones
One may not sell his Chametz through a Rav that is in a different time zone if that time zone will accept Pesach after his time zone. However, he may sell it through a Rav in a time zone that will accept Pesach prior to his time zone. If one owns Chametz in a different time zone, then he may sell the Chametz in his current time zone although it is best to be stringent if his Chametz is in a time zone that accepts Pesach before his time zone, to sell that Chametz in its time zone.
If a person has traveled to a different time zone for Pesach, where should he sell his Chametz?
- Example 1: If an Israeli traveled to America for Pesach does he sell his Chametz in Israel or in America?
- Example 2: If an American traveled to Israel for Pesach does he sell his Chametz in Israel or in America?
One who owns Chametz in the area which he traveled from is to always do the sale in whichever area is the earlier time zone [east versus west], whether he traveled to an earlier time zone or later time zone. Thus, in both examples above, if one has Chametz in his home area he is to sell his Chametz through a Rav in Israel. [Although when doing so in the first example one should specify that he is only selling him the Chametz in that time zone, otherwise he will not be able to eat Chametz even before the 5th hour, as it was already sold.]
A further example-Flying from east coast to west in America: Thus, when even flying for Pesach from the east coast to the west coast in America, or from the east coast to the middle of America, one needs to make sure to sell his Chametz in accordance to the time that Chametz becomes prohibited in the east coast. Similarly, when flying to Hawaii from America for Pesach one must be careful to sell his Chametz by the Rav in the area in which he currently lives.
Flying from west coast to east coast in America: He must sell the Chametz in accordance to the time of the east coast.
Regarding buying back the Chametz after Pesach: There is no problem for the Chametz to be bought back in a place that Pesach ends earlier then the time it ends in the place that one lives, as one has no intention to buy back the Chametz until after Pesach ends for him. However, some Poskim rule that one is to sell the Chametz in the earlier time zone and tell the Rav not to buy it back on his behalf from the gentile until Pesach ends in his later time zone.
B. Where is one to store his Chametz that was sold?- All Chametz which has been sold to a gentile must be kept behind a Mechitza/divider that is at least 10 Tefach high. [80cm]
Q&A
May one leave Chametz in his fridge or freezer and close it off?
No unless the entire fridge and freezer will be closed off and sold. This applies even if he wraps the Chametz well and writes sold or Chametz on it. However, there are Rabbanim that are lenient in this matter.
May one leave sold Chametz in his kitchen cabinets?
Yes. However, there are Rabbanim that discourage one from doing so.
May one leave Chametz in the cabinets under his counter?
Yes. However, some write against doing so as if one does so he will no longer be allowed to use the counter for his needs being that it is rented to the gentile.
Does one have to do Bedikas Chametz to areas of Chametz that will be sold to the gentile?
No.
May one sell his home to exempt it from Bedika and then live in it throughout Pesach?
No.
May one enter into a Chametz room or closet which was sold if he needs to retrieve something from there?
Yes. However, one may not use the area regularly as if it was his, and rather the allowance is only to be allowed to enter on occasion to retrieve an item which one needs.
C. Doing the sale through a Rav:
- One may appoint a messenger to do the sale for him. This is the way all the sales are done today, through the Rav of the community. Ones wife and child may be appointed as a messenger to sell the Chametz for him, or to appoint the Rabbi to do it for him. However, a Kinyan should be made with her. However, it is best for the person to sign himself onto the document as there are opinions which require this to be done.
D. May one begin to eat Chametz after Pesach prior to the conclusion of the sale?
Yes.
Does one have to do a Kinyan when appointing the Rabbi, and if so then how is it done?
No, although the custom is to do so. One lifts an item [such as a Gartel or handkerchief] of the Rav. This is done merely to elucidate to the seller that it is a true sale, as in truth no acquisition is needed in appointing the Rav to be one’s sale messenger.
Are witnesses required when appointing him?
No
May one appoint a Rabbi to do the sale for him over the phone, or through email?
Yes
Does one have to give money to the Rabbi which is doing the sale?
The custom is to give a donation to the Rabbi doing the sale. Some authorities claim that this is more than a mere custom, but rather is required by the letter of the law, as the Rav cannot be ones Shliach to sell the Chametz, and through paying him money it turns him into an employee working for the owner of the Chametz, of which he then has the ability to sell the Chametz for the owner.
May one sell his Chametz through a Rav in a different time zone?
One is to sell his Chametz through a Rav that is in the same time zone that he is in. If this is not possible, one may sell it through a Rav found in an earlier time zone, that takes Pesach in earlier than him. One may not sell it through a Rav that is found in a later time zone, that takes in Pesach later than him.
May a Lubavitcher Chassid sell his Chametz through a non-Lubavitch Rav?
Being that there are areas of dispute regarding the validity of the acquisitions, in which Admur rules in a specific way, such as that one must have a guarantor, and that a Kinyan chatzer does not help for a gentile, it is therefore incumbent for one to sell his Chametz through a person that will be doing the sale in accordance to the Alter Rebbe. Thus, when selling the Chametz through a non-Lubavitcher care should be taken to make sure that it will be a valid sale according to Admur. This is in addition to the fact that by all means one should use the sale contract which Admur authored as opposed to contracts taken from other sources.
Does one have to particularize in the contract all the areas that he owns Chametz in?
One should mention all the areas which he has Chametz is found in. Nevertheless, even if the gentile was not made known of which areas contain the Chametz, the sale is nevertheless valid.
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