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May the sell of chometz be done with a young gentile that in Judaism would be considered a "katan" in terms of halacha and therefore perhaps wouldn't be able to have his buying and selling be "valid" according to Halacha?

I suppose this question would apply to many other halachos however I'm asking it now with this example because it is from inyunei d'yoma.

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I have no sources, but as the transaction needs to also be valid by civil law, and a minor cannot sign contracts, it would seem that selling to a katan would be prohibited. –  andrewmh20 Mar 24 '13 at 0:42

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up vote 3 down vote accepted

In Sharei Teshuvah on Orach Chaim 448:15 he quotes Sh"ut Veshav Hakohen who concludes that Bdi'avad -especially by Chometz Derabanan- one could rely on those who say that a Koton is Koneh rental of property.

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@Mekubal The link to the article from R' Hoffman is not working. Did he quote this? I'm surprised if it wasn't quoted. Would have saved the whole article ;). –  Yehoshua Mar 24 '13 at 22:52
    
I'm just wondering what would constitute Chometz Derabanan? –  Hacham Gabriel Mar 25 '13 at 3:32
    
I'm guessing Chometz Sheovar Alav Es Hapesach. –  Meir Zirkind Mar 25 '13 at 3:40

Rabbi Yair Hoffman just wrote an article on this that can be found at this link. He goes through a number of sources from the Gemarra through the Rishonim and into the Achronim, and is well worth the read. For those who want just the conclusion it is this:

It would seem that in order to avoid a debate on the matter, one should most definitely be stringent and transact the sale only with a mature, adult non-Jew.

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His article is about liability for mitzvos b'ne Noach. His final paragraph, which you quote, is about maturity for conducting transactions: but I don't see how he gets to that from the rest of the article. It seems quite a leap. –  msh210 Mar 24 '13 at 5:48
    
One naturally leads to another. A contract cannot be conducted with a minor who lacks understanding. He is trying to determine the age of accountability for a non-Jew. –  Rabbi Michael Tzadok Mar 24 '13 at 6:40
    
Yes, a contract cannot be conducted with a minor who lacks understanding. Yes, he is trying to determine the age of accountability for a non-Jew. But who says understanding and accountability are reached simultaneously -- especially (but not only) according to the views he cites that accountability starts at birth? I'm not blaming you: you found an answer, cited it, quoted it. But I don't see where he gets it from. –  msh210 Mar 24 '13 at 8:26

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