1

What sort of kinyan (kessef, shtar, chalipin, meshicha, etc.) does a Rav do when he sells everyone's chometz to a non-Jew? Does the non-Jew need to read everyone's shtaros?

1 Answer 1

2

OU has an article explaining the sale of chometz.

It says,

The individual participating in the sale appoints his Rabbi as an agent to sell his chametz to a non-Jew on Erev Pesach. The signature on the contract and the exchange of an object (e.g., a handkerchief) in a procedure known as a kinyan chalifin, formalizes the power of attorney.

The Sale

To overcome any possible doubts associated with the validity of the transaction, different methods of halachic acquisition are also employed:

Kinyan Kesef: An actual transfer of money in the form of a down payment is tendered by the purchasing non-Jew.

Kinyan Shtar: The transaction is recorded in a legal contract signed by the parties.

Kinyan Chalifin: An exchange (barter) of property, whereby the non-Jew hands over an object of his, upon which the chametz is transferred into his ownership.

Kinyan Chatzer: The non-Jew acquires real estate from the Jew. By dint of the real estate acquisition, the chametz transfers as well.

Tekiat Kaf and Kinyan Odita: A handshake and verbal affirmation signaling the completion of the transaction.

Due to these intricacies, the sale often takes place in the presence of a Bet Din of three or more rabbanim.

The article further says,

Many Rabbis request that their congregants list all the chametz they have, where it is stored, and its approximate total value. Others limit their congregations to selling only mixtures of chametz (e.g., dressings with flour, mayonnaise with vinegar that may be chametz, as well as liquors), and not pure chametz such as breads, pastas, cakes, and cereals. All of this is done in order to stress the serious nature of the process.

The last sentence suggests to me that the serious nature of the process is most important for the congregants and less so for the non-Jew. This implies that it is probably not necessary for the non-Jew need to read everyone's shtaros, although he must be convinced of the validity of the transaction.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .