Tag Info

Hot answers tagged

11

The Kitzur Shulchan Aruch in 114:7 states: אָסוּר לִמְכּוֹר אֶת הֶחָמֵץ לְמוּמָר אוֹ לְמוּמֶרֶת; וְלֹא לְבֶן מוּמֶרֶת, אַף עַל פִּי שֶׁיְלָדַתּוּ מֵאֵינוֹ יְהוּדִי לְאַחַר שֶׁהֵמִירָה, כִּי לְעִנְיָן זֶה דִּינָם כְּמוֹ יִשְֹרָאֵל, וַהֲוֵי לֵהּ חֲמֵצוֹ שֶׁל יִשְֹרָאֵל שֶׁעָבַר עָלָיו הַפֶּסַח דְּאָסוּר בַּהֲנָאָה One may not sell one's Chametz to a Jew ...


6

You would simply buy it back from his inheritors. For more information about how non-Jewish inheritance works, see this answer to a different question.


5

Rabbi Shlomo Kluger in Sefer HaElef Lecho Shlomo Siman 221 has a very similar question where the non Jew was taken prisoner over Pesach how to purchase back the Chometz. He proposes a way to purchase it back in front of Bais Din. I do not know if this same solution would apply to a case where the non Jew passed away.


5

R' Shneur Zalman of Liadi writes (Hilchos Mechiras Chametz, appended to his Shulchan Aruch): ומי שעולה על דעתו שמכירת חמץ הוא מדברי סופרים לפי המנהג שהכל מבטלין החמץ ואומרים כל חמירא ליבטל ולהוי הפקר כו', שגגה היא בידו, כי חמץ הנמכר אינו בכלל ביטול והפקר מאחר שדעתו עליו לחזור ולזכות בו אחר הפסח, כמבואר בתשובת הרשב"א בשם ירושלמי וכן פסק הרמ"א ...


5

If the non-Jew has children who knew about the sale, since according to Torah law a non-Jew inherits his father automatically - they just buy it back from the son. But if he had no children OR they didn't didn't know of the sale in which case the Chometz is Hefker then the Mahrsham permits the Chometz to be eaten after Pesach. All this is a synopsis of ...


5

From various Mishnayot (see below) we see that a Ger's possessions seem to continue to belong to him after he converts. In that case, the moment your buyer converts, he owns Chametz on Pessach - Chametz from which everybody is now forbidden to derive benefit from - similar to any Chametz a Jew owns on Pessach. Result: He would not be allowed to sell it ...


5

There's no problem with the Chametz being visible, per se, as the Pasuk that says you may not see Chametz refers to your own Chametz. There are however 2 issues that need attention: If the Chametz is visible one has to ensure that it won't be consumed by mistake. This would be a serious violation of both eating Chametz as well as stealing from the person ...


4

Shulchan Aruch O.C. 448:5 rules that chometz which is found in your home after Pesach, even if you nullified it, is forbidden. The Tur there (cited by Magen Avraham and Taz) explains that we are worried that a person will say he nullified it even if he didn't. This isn't a problem for those crumbs that you don't want anyways. But for that box of cheerios ...


3

Shulchan Aruch HaRav (OC 431:4) writes that the Chachamim don't allow you to retain Chametz on your property during Pesach for two reasons: 1) You may not mean it when you say it is hefker and 2) you may forget and go eat it. So if you are going to keep Chametz in your closet over Pesach, hefker won't be enough, it has to be sold. Selling Chametz is a much ...


3

It's customary to appoint the rabbi your agent to do effect the sale using a belt-and-suspenders approach: a signed contract, an oral authorization, and a sudar. Is it necessary? No, which is why some respectable rabbis accept agency via the Internet. But it's customary. And sudar (and possibly a signed contract, too) is only done in person, not online. A ...


3

This idea is old: its origin comes from a Tosefta in Pesahchim: see Aruch Hashulchan 448:16. The Ritva, pesachim 21, is of the opinion that selling and buying back every year is not good. The Shulchan Aruch does not cite the Ritva. One should not say our sales are not real and a trick: see the Chasam Sofer OC 113 about this. Also see the Bach 448.


3

או משקה של חומץ ושמרים ו*מאלץ* = Malt וגם עשיתי צושלאג עם הא''י הנ''ל על שכירת המקומות הנ''ל = I also made a further agreement with the non Jew on the rental of the above listed locations.


3

סארטין מנאליווקעס seems to mean "sorts (types) of liqueur" - nalivka being the Russian word for a beverage of that type, some formulations of which, I guess, might contain chametz. I think that Dave is correct that ארסיקלען שבדרוג משארס should be ארטיקלען שבדראג סטארס - articles (items) in drugstores. הנאטיס, as I mentioned in a comment, I think simply ...


3

See this link (Google Books) (also here at Hebrew Books) near the end of the Teshuvah. He's really talking about selling, to a non-Jew, a dough of which Challah has not been separated -which he says can not be done because the part of the Challah belongs to the Kohen and therefore one can't sell something which he doesn't own, so all the more so he would ...


3

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.


3

The second question is discussed in a Teshuva here by Rabbi Yoel Brach. The question under discussion is a business that buys a bunch of Chametz inventory right before Pesach and then does the traditional Mechiras Chametz. On the question of that clearly the business wants that inventory to exist, he says a few points, prefaced by the fact that Chametz ...


3

Rabbi Yitzchak Twersky from the OU says that play-doh does not have to be sold. Cosmetics, lotions and inedible items such as non-chewable pills and Play-Doh need not be sold CRC-Chicago recording 1 & CRC-Chicago recording 2 by Rabbi Dovid Cohen says that play-doh is not rauy l’achilas kelev based on people who tasted it. It includes copious ...


3

If water hasn't touched the grain, the it certainly is completely Kosher for Pesach. The Talmud (Pesachim 40b) tells us that wheat (but not barley) can be tempered with water prior to milling without fear of Chametz. That said, the longstanding custom from the Geonim (recorded in Rambam Chametz 5:7, Tur OC 453) is not to do so for flour for Pesach, lest one ...


3

I have to rely on my rav's story that he tends to repeat to the congregation each year. When he was in a different community, prior to his becoming rav in our shul, he occasionally came with the Gentile during Yom Tov, itself, to someone's home. The home owners were surprised to see the rabbi at their door, and, being respectful, they let him in. The ...


2

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 ...


2

In addition to msh210's point that it is preferable to perform a physical kinyan when appointing a Rov to sell your chometz, there are additional factors that should be taken into consideration when choosing who to sell your chometz through. Chometz should ideally be sold in the same time zone where the chometz and person will be during Pesach. If not, ...


2

גרויפין usually means "gravel." In this context I'd assume "any grains or flours of chametz." Any chance it's a typo and יי"ג should be יי"ש? That means liquor. I agree that the first one is a handshake. (Funny as rabbinic Hebrew has a word for it: תקיעת כף)


2

The sale of chametz is based off a tosefta where it is clearly a real sale. It became common in Europe for Jews in the whiskey business to sell their chametz before pesach and buy it back after pesach. It was clearly a full sale though, since often the gentile would drink some of it on pesach. Therefore, to show the sale is real, you should make sure the ...


2

I do sell it, simply because my rav says it is an ancient custom and we should keep it, even someone that get rid of all of his hames should have some to sell it so we don't loose the minhag source: ialcut iosef, if you want I can lookup where exactly


2

The sale of chametz is based off a tosefta where it is clearly a real sale. The fact that the Jew buys it back afterwards doesn't cancel the sale. It became common in Europe for Jews in the whiskey business to sell their chametz before pesach and buy it back after pesach. It was clearly a full sale though, since often the gentile would drink some of it on ...


2

A certain Beis Din in Yerushalayim found out in about 1995 that they had been selling for quite a few years to someone who was really a Jew. I do not have any online sources nor do I wish to give away my sources for concerns of Lashon Hara.


2

The Kitzur Shulchan Aruch (Ch. 114) states that the sale has to be valid from a civil point of view. Any trace of making this into a religious ceremony invalidates the sale. He discusses overcharging, which could invalidate the sale; as this clearly makes a joke out of the sale when you know that nobody would pay these ludicrous prices. Supposedly ...


2

Per here as long as you sell the item from your home, and don't deliver it (and several other limitations) you do not have to pay sales tax. If you happen to sell more than $600 worth, but didn't intend to, then you have to pay taxes on the rest. But that is only true after the fact, so you don't have to register. So the upshot is that since you don't ...


2

the noda b'yehuda in response is the one who held of this opinion of giving a key to the storage room where the chametz was kept. and the sdei chemed also brings this as being minhag of his city... so theres a similar minhag...


1

Other answerers have disputed your premise that you'd need, under the law, to worry about sales tax. I'll grant arguendo that there's a sales-tax issue but dispute another premise: that you need to charge your gentile customer the sales tax. Stores frequently have "we'll pay the tax!" sales. That is, instead of charging you $108 for a $100 item and ...



Only top voted, non community-wiki answers of a minimum length are eligible