Selling the Chametz - Part 2
Question: Why are some people particular to perform a mechiras chametz that will take effect on the 13th of Nissan (mechiras yud gimmel), rather than the standard sale — which takes effect on erev Pesach immediately before chametz becomes forbidden (mechiras yud daled)?
Discussion: At bedikas chametz, one is meant to render his entire house chametz-free, besides the carefully guarded chametz that he saves for eating or burning the next day. Now, regarding the rooms in one’s house that one plans on selling or renting to a non-Jew before Pesach, there is a dispute. Some say that his plan to sell them the next day does not exempt him from checking them since, at the time of the bedikah, they are still his. Others say that, since he plans to remove these areas from his possession before the chametz prohibition takes effect, this exempts him from checking them.15 In deference to the more stringent view, some will sell or rent these rooms to a non-Jew earlier, on the 13th of Nissan. Then, when the time for bedikas chametz arrives, they are, technically, no longer considered to be a part of his home, so there is no requirement to check them even according to the more stringent opinion. This option is referred to as mechiras yud gimmel — the sale of the thirteenth.
If a person chooses to perform mechiras yud gimmel, he must be aware that he may no longer enter the sold areas starting from before sundown on the eve of the fourteenth (the night of bedikas chametz),16 which can be impractical. For instance, if one is traveling for Pesach and wishes to sell or rent his entire house with a mechiras yud gimmel in order to completely exempt himself of checking his house, he and his family must leave the house before the eve of the fourteenth. If this is not feasible, one should choose the option of mechiras yud daled — selling on the fourteenth. This allows him to stay until the sale is performed the next day. (It is never permitted to remain later than that.)
Question: Where should one store the chametz that has been sold to a non-Jew?
Discussion: The essential halachah is that one may keep a non-Jew’s chametz in one’s property, behind a partition that is ten tefachim high (approximately one meter).17 But ideally, the chametz should be in a separate room that was either sold or rented to a non-Jew18 (see footnote19). In any event, one should not enter the area where the sold chametz is stored.20
Question: How should one store frozen goods that one wishes to sell to a non-Jew?
Discussion: If the goods in question are true chametz, the freezer in which they are kept must be closed up properly (i.e., either taped or locked shut), and kept off-limits for Pesach. Preferably, this freezer should be in a room that has been closed off and sold or rented to a non-Jew. But if the frozen goods are not essentially chametz, but one wishes to sell them as an extra precaution, he may keep them in a freezer that he uses for Pesach, making sure that it is in a separate bag that is tied well and clearly marked as non-Pesach food.21
Question: Should the areas which contain the chametz be sold to the non-Jew, or only rented to him?
Discussion: In Eretz Yisrael, selling is not an option; the area must be rented. This is because it is prohibited to actually grant a non-Jew land in Eretz Yisrael.22 Renting, however, is permitted. Outside of Eretz Yisrael, either option may be used.23 In either case, whether one sells or rents the space to a non-Jew, one need not re-affix the mezuzah when the room is reacquired from the non-Jew.24
Question: Is the money that people customarily give to the Rav at the time of the sale a requirement?
Discussion: This payment is not a matter of the sale’s validity (that is, if the Rav is willing to provide the service without payment). However it has become customary, as recognition for his year-round services, to provide the Rav with this payment —especially at this time of year when expenses are high.25 In any event, as we have stated, the sale is valid even without this payment.
Question: What is the significance of the kinyan (method of acquisition) that many Rabbanim will ask one to perform at the conclusion of the sale? And what if the Rav I performed the sale with did not have me perform the kinyan?
Discussion: This kinyan, referred to as kinyan suddar (acquiring by means of a handkerchief), or chalipin, is done in order to give a serious tone to this act of appointing the agent who will sell the chametz.26 However, it is not absolutely required; the sale is valid without it as well.
Question: Does the sale include chametz that one may find in his house on Pesach?
Discussion: Contemporarily, the sale of chametz is set up in such a way that it includes all chametz that was in one’s domain at the time of the sale. This being the case, one need not burn or destroy chametz that he finds in his home on Pesach; he should simply put it away with the rest of the sold chametz (or, if there is none, to put it behind a ten-tefach partition, as mentioned above).
However, as mentioned earlier, some prefer not to utilize the sale of chametz for true chametz. This creates a dilemma for a person who finds true chametz on Pesach. Essentially, this chametz has been sold, which should mean that one has no right to burn it since it does not belong to him. And ironically, taking it to burn it might cause one to transgress bal yera’eh and bal yimatzei, since it is essentially an act of theft that brings the chametz into one’s possession, and acquiring new chametz on Pesach is itself a violation of bal yera’eh and bal yimatzei.27 However, some sales are arranged with the non-Jew granting his permission that, if anyone wants to burn the sold chametz, he may do so.28 If this is the case, one may burn it, but one must have intent not to acquire it. In order to ascertain whether the sale is indeed conducted with this understanding, one should ask the Rav handling the sale.
15 Mishnah Berurah 436:32.
16 See, however, footnote 20 below.
17 Shulchan Aruch 440:2.
18 Mishnah Berurah 448:12.
19 R’ Nissim Karelitz rules that one may even sell or rent out parts of a cabinet that is attached to the wall, but he is hesitant to allow for selling parts of one shelf (Chut Shani p. 106). See there for discussion regarding one who wishes to sell parts of a cabinet that is not attached to the wall. In any event, one who does so should close off the shelf by taping paper over it, or the like (see the following footnote regarding the practice of the Chazon Ish; see also Toras Hamo’adim 448:40 (p. 287).
20 Mechiras Chametz Kehilchaso 2:26. If the area itself was not sold, but the chametz is simply being stored there behind a partition, it is actually more stringent; one may certainly not go there on a regular basis, because the partition would then be meaningless. Chazon Ish (beginning of Chapter 124) writes that, if the area was sold to a non-Jew, it is possible that one does not need to close off the room, and one may possibly even enter on occasion (with the permission of the non-Jew), as one is allowed to enter the home of a non-Jew on Pesach. Chut Shani p. 105 relates that the Chazon Ish himself would suffice with marking off the sold area with string. (Note: this only suffices if the area is actually rented or sold to the non-Jew; otherwise a proper partition is required.)
21 Since it is just a matter of extra precaution, one may presumably be lenient regarding the rabbinic requirement of having a partition.
22 Avodah Zarah 20a; Shulchan Aruch, Yoreh De’ah 151:8.
23 See Mechiras Chametz Kehilchaso, Chapter 7, for the advantages of each option.
24 Chut Shani p. 108.
25 Since a payment for mechiras chametz is usually not mandatory, and since it helps a Torah scholar make ends meet, one may use ma’aser money for this purpose.
25See Sedei Chemed, Ma’areches Chametz U’matzah 9:6 ד”ה וראיתי; Mo’adim Uzemanim II:181 (in the footnote); Teshuvos Vehanhagos II, 218, for additional possible reasons for this practice.
26 Mechiras Chametz Kehilchaso, 17:13; Chut Shani p. 251, based on Rambam, Hilchos Mechirah 5:11-13. See Orchos Rabbeinu II, p. 12, citing R’ Nissim Karelitz as stating that the Chazon Ish did not perform this kinyan suddar.
27 Ohr Letziyon (III, 7:12, in the footnote) forbids burning the chametz in this case. Shevet Halevi (IX:116) is uncertain. Haggadah Shel Pesach of R’ Yosef Shalom Elyashiv (p. 130 allows one to burn it. See also Mikra’ei Kodesh I:76; Teshuvos Vehanhagos II:229; Ma’adanei Yom Tov (Zanger), V (Orach Chaim) 73; Ohr Yisrael Torah Journal, volume XXVII, p. 122-139.
28 Mechiras Chametz (Refaeli), Chapter 40, offers this suggestion.