[Avodah] mechirat chametz

Zev Sero zev at sero.name
Mon Apr 19 14:16:19 PDT 2010


Eli Turkel wrote:
> <<> One Rabbi I know (here in the US) told me that he showed his Shtar to a few
>> lawyers and a judge, all of whom said it would stand up in court.>>
> 
> Depends on what is being sold. I have always been disturbed by those that sell
> the chametz inside the walls of pots but not the dishes/pots themselves.
> Would that hold up in a secular court?

I don't see why not.   Surely the freedom of contract includes the right
to agree on any terms both parties wish, however strange the court may
find them.

BTW, L practise is to sell the kelim, not just the chametz in them,
and *not* to tovel them afterwards.  The LR explained that the chiyuv
of tevilah is triggered by the fact that the goy had physical custody
of a keli, and therefore could have made it treif; that potential for
becoming treif imparts a sort of tum'ah to the keli, even though it was
never realised.   Since the kelim were never in the goy's physical
custody, so he never had the opportunity to make them treif, they don't
get this tum'ah.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher



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