Tag Info

Hot answers tagged

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

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.


4

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 ...


4

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 ...


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

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

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.


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

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

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. 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

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

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 ...


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 ...


1

In my opinion it would be permitted because enforcement of prohibition was selective and selective enforcement is one of the things that nullifies Dina Demalchusa. The selective enforcement was for two reasons: there was insufficient manpower to do better, and states had no interest in doing it, leaving the job to federal agents. So a local officer would ...


1

I have heard, and perhaps someone can find a source, that selling chametz is a kiyum of biur chametz. Personally, about a month before pesach, we start living on leftover chametz and purim candy. By the time erev pesach rolls around our chametz is minimal, especially since almost all grain byproducts are made from corn because of allergies to gluten. So ...


1

Do you sell your Hametz before Pesah? Yes. Why or why not? Because I don't want to own it or throw it out. This is meant, in part, as a form of a survey, but also as a collection for arguments both for and against. Please cite your sources. Personal experience.



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