A man sells Hametz products on Amazon.com. The goods are physically located in Amazon's warehouses - fulfillment by Amazon (FBA), shipped and sold throughout Passover. The weekly sales are significant enough that he does not want to lose the profit or halt sales for the week of Passover.

How would an agreement with a non-Jew be structured, to allow everything to stay as is, yet still not lose the profit from sales during this time?

I was thinking to make an "all-or-nothing" package deal. Sell the goods to the non-Jew at a small percent above the actual final costs after fees (say $11,000), using a small deposit. The sale is immediate with the final amount due after Passover. When the non-Jew refuses to pay the balance, he "reverts" ownership back to the Jew. Even though the goods were in possession of the non-Jew over Passover, he loses his profit, since he refused to pay for the all the goods.

I know this is a loophole and I have serious Hashkafic concerns with it, but the question is a technical Halacha issue regardless. There are Jewish franchise groceries that operate as usual during Passover and have valid certificates that they did not own their Hametz over Passover. I don't know how the technical aspects are handled. This case seems similar, with the added bonus of the goods being physically off the Jew's property.

  • If the sale is retroactively invalid, then this accomplishes nothing, and if the sale was valid for the week, then why does the non-Jew not get his profits? – Double AA Mar 25 '14 at 16:59
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    Ask your local orthodox rabbi – Gershon Gold Mar 25 '14 at 17:03
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    The idea is that it shouldn't be retroactively invalid. It should be fully valid, and returned after Passover due to the deal not being finalized. To get the profits, he needs to pay for the goods. He is not paying for them, so he is returning the goods. The sold and now missing goods are not being paid for, so the Jew keeps the profits as payment. – user1389579 Mar 25 '14 at 17:06
  • You realize that what you're describing is, indeed, how mechiras chametz works, right? – DonielF Aug 21 '16 at 22:31

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