[Avodah] Selling Real Chameitz

[rabbirichwolpoe at gmail.com]

Zev:
> I don't think it's that.  Mechirat chametz isn't a takanah in the sense
> of an enactment, it's more literally a tikkun, i.e. a solution.  The
> *reason* it was invented in the first place may have been because people
> were facing a hefsed merubeh; without that incentive it may be that
> nobody would have put the effort into inventing and developing it...

> Chemtzo shel goy is not a heter, it's plain muttar, and there isn't
> any reason to suppose an issur on it, or to be machmir on it.  And
> where the goy got it from, or what he intends to do with it after
> Pesach, isn't really relevant.

If it were that simple why did GRA and others oppose it OUR heter mechira?
EG One rav-mekkubal I know insists on pouring any sold liquor down
the drain!
AFAIK a permanent sale is not controversial

The tikkun and the controversy is about selling hametz to a goy, buying
it back and the goy never touching it.

Perhaps if all of the hametz were shlepped by the goy to his warehouse
for 8 days it would appear to be less of a ha'aramah

Now technically we DO rent space to the goy. But this is a bit shaky.
Example:
Does the tenant's leaae permit him to "sub-lease" to another? Re: co-ops -
Is the co-op board consulted?

What about liquor store owners? Does the goy need a valid liquor license
to assume ownership of a liquor store? And if he only buys the stock and
not the store are the taxes and transfers reported to the gov't. During
the buy back phase?

FWIW I could never convince most of my yekke congregation that this was
anything but a clever ha'arama and not a true sale. And believe me I
tried to show how medakdeik we are to make this sale "real".

The mishna does present a case of sell-buyback. But it seems to be ONLY
bish'as haddechak.


OTOH it is a minhag pashut to do it. So I don't want to make people
nervous about its efficacy..

Good Shabbos
RRW
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