This is an area that really confuses me...

I've heard from two rabbis that if you place your chametz in your trash can, but the trash doesn't get picked up before the deadline to own chametz on Erev Pesach, you own the chametz. Therefore, you must take your trash to a place where you know that the town will pick it up before the deadline.

What confuses me are:

1 - If someone nullifies the chametz and puts the can out on the street so that the can is in a public property, doesn't that action alone make the chametz public property? I say this because people walking in the street that see anything in a trash can and sometimes actually do take things out of the trash. They're not trespassing any private property.

2 - The town garbage pick up allows the trash men to go into a person's driveway to get the trash and drag it out on the street and put it into the truck on the day that they pick up the trash. This is also not considered trespassing onto private property. It's not a question of the owner giving permission to them to do that, it's a town rule stating that the trash men are authorized to do this automatically by the fact that the owner lives in the town and pays town taxes for the trash service. Given this ruling, wouldn't someone merely nullifying the chametz and placing it in the trash can in the driveway automatically make it ownerless, even if the trash is picked up during Pesach?

In short, with these conditions, is it really necessary for someone to seek a place that gets rid of the trash before the deadline?

  • 2
    Yeah, shouldn't leaving the chomeitz out on the curb in trash bags be like making it hefker b'reshus harabim? – ezra Mar 13 '18 at 21:30
  • I'm not sure if this is an exact dupe, even though it answers most of my concern. IY"H, I'll edit this Q, later. – DanF Mar 13 '18 at 21:34

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