Selling the Chametz - Part 3
Question: If a person who lives in Eretz Yisrael travels to chutz la’aretz for Pesach, should he sell his chametz with a Rav in Eretz Yisrael, or with a Rav in chutz la’aretz?29
Discussion: The sale of chametz must take effect before the time that chametz becomes forbidden. The most obvious reason for this is that, since one is not allowed to own the chametz at this time, it must be sold beforehand. Secondly, the halachah is that one is not empowered to sell anything that he is forbidden to benefit from. Therefore, one cannot legally sell his chametz after it is forbidden to benefit from.
Thus, the question arises regarding a person who owns chametz that is in a different time zone than where his chametz is. If one is in a place where chametz is still permitted, but owns chametz in a place where chametz is already prohibited, can he sell it? For example, the chametz prohibition takes effect in Eretz Yisrael, seven hours before it takes effect in New York City. Thus, at the standard time for selling chametz in New York City (i.e., the morning of erev Pesach), chametz will already be forbidden in Eretz Yisrael. Can a person who is currently in New York City now sell chametz that he owns in Eretz Yisrael? The Poskim dispute whether the ability to sell one’s chametz depends on the owner being in a place where chametz is permitted, or on the chametz being in a place where it is permitted.30 Therefore, in deference to the opinion that the determining factor is the location of the chametz, one should make sure that the chametz is sold before the prohibition takes effect in Eretz Yisrael.31
[Note that if one does mechiras yud gimmel in New York City, the sale is certainly valid, since at that time, chametz is not yet forbidden even in Eretz Yisrael.]
Question: How does this work in the case of a person from chutz la’aretz who travels to Eretz Yisrael for Pesach?32
Discussion: In this case as well, one should sell his chametz with a Rav in Eretz Yisrael, but for the inverse reason; namely, in deference to the opinion that, for the sale to be valid, it depends on the chametz being permitted where the owner is. Since, in this case, the owner is in Eretz Yisrael — where chametz becomes prohibited earlier — he should ensure that all his chametz, including the chametz that he owns in chutz la’aretz, is sold by then.
In this case, there are two additional points to note: First, if this person has family members who remained in chutz la’aretz, they should be informed that the chametz has been sold earlier than it would normally be sold in chutz la’aretz, and that they cannot use it from that time. If this creates difficulty, a Rav should be consulted.33
Another issue to consider is as follows: This person from chutz la’aretz will be observing eight days of Pesach. The Rav in Eretz Yisrael, however, buys the chametz back after the seventh day of Pesach. Thus, the chametz is being bought back at a time when the owner is not yet permitted to own it. The Poskim suggest various solutions to this problem. Some suggest that the Rav perform a separate repurchase after the eighth day for people from chutz la’aretz. Others suggest that the Rav buy their chametz for himself, and grant it to them only after their eighth day of Pesach.34
Question: If a non-observant storeowner sold his chametz for Pesach, may one consider the sale valid and purchase chametz from him after Pesach?
Discussion: First and foremost, one must verify that he has indeed sold his chametz. Otherwise, all the chametz that was in his store over Pesach is forbidden.35
Even if one verifies that a Rav indeed arranged a sale with the storeowner, several Poskim question the validity of the sale unless it was clear, and in writing, that the sale was performed in a manner that is legally binding by secular law.36 The reason for this is that, since this storeowner does not consider himself bound by Jewish law — neither by the prohibition to own chametz, nor by the halachic legality of the sale — we assume that he relates to the sale as a mere ritual, with no true intent to sell. Others disagree and rule that we need not concern ourselves with his thoughts and intents; his stated intent to sell the chametz, or his signature to this effect, carries full halachic legality, and the sale is perfectly valid.37
29 The coming discussions have in mind a person coming from, or traveling to, a place west of Eretz Yisrael, such as Europe or America. Obviously, the same principles apply in the inverse, with respect to places east of Eretz Yisrael, such as Australia.
30 See Mechiras Chametz Kehilchaso Chapter 3, footnote 16, for a list of Poskim who differ on this issue.
31 Mechiras Chametz Kehilchaso 3:17.
32 See footnote 29.
33 See Mechiras Chametz Kehilchaso 3:15, regarding one’s options in this case.
34 See Ma’adanei Yom Tov (Zanger) IV:125 for various opinions on the matter.
35 See Mishnah Berurah 448:11.
36 Yisa Yosef I:84 citing R’ Yosef Shalom Elyashiv; Chut Shani p. 102.
37 Halichos Shlomo, 6:9. Hilchos Chag B’chag (Chapter 10, end of footnote 14) cites Chazon Ish as ruling leniently as well. Igros Moshe (Orach Chaim I:149) goes so far as to rule that, even if he continues to sell chametz products to his customers during Pesach, his mechiras chametz remains valid for the chametz products that remain in his store.