Hot answers tagged selling-mechirat-chametz
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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 ...
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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 ...
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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.
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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 ...
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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 ...
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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, ...
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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 ...
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First if it is a "legal fiction" then you are in fact transgressing biblical and Rabbinical commandments regarding possessing Hametz over the course of Pesach.
First you are referring to the Bitul Hametz that we all recite. However it is important to note that the formula of that specifically says,
"Any leavened food or leavening in my possession ...
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