[Avodah] Heter mechira

[Elazar M. Teitz]

     R.Zev Sero, in his lucid and thorough description of the differences between mechiras chametz and the sale of EY, wrote
 
<What if the goy doesn't want to sell it back?  Are you prepared to part with it permanently?>

     R.Michael Makovi responded

<So do what we do with chametz - sell it to him for $5 down payment
now, and tell him that after Pesach, he has to pay another
$1,000,000,000 to keep it. So too with the land - sell it for a
pittance now and a fortune when shemitta ends. I don't know if we do
this, but we could if we needed to.>

     If that's how your chametz was sold, it has accomplished nothing. Either the purchasing goy didn't know what he was doing, or obviously did not consider it anything other than a sham. In either event, it is not a valid m'chira.

     The way it's usually done is for the sale to call for an assessment of price to be made on the day after Yom Tov, usually by a zabl"a arrangement.  However, the repurchase is effected before the time designated for the assessment of price, and mutual quitclaims are agreed to by both parties: "If you owe us, because what we are repurchasing is worth less thatn what we sold, we forgive you; if it is worth more, you forgive us."  I assume something similar is done for the heter m'chira.

     In addition, there is the following difference: if, during Pesach, the purchaser should come to our door with his shtar in hand and ask to take possession of the items sold to him, I imagine that we would turn them over.  Now imagine that the sheik who purchased EY comes to an olive grove during Pesach and tells the once and future owner that he is going to have all the trees chopped down, then and there, and pave it over for a parking lot.  Do you imagine that the sellers would stand idly by and let him do it?  If not, then again his refusal indicates that the sale was never meant.

EMT

 
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