[Avodah] Heter mechira

[Yitzhak Grossman]

On Tue, 24 Jun 2008 02:36:11 -0400
Zev Sero <zev at sero.name> wrote:

> Yitzhak Grossman wrote:
> > Zev Sero <zev at sero.name> wrote:
>  
> >> 4. BTW, if the goy takes the chametz and doesn't pay, he can be sued
> >> for the money, but the chametz is still his.  His ownership doesn't
> >> depend on his payment.  And in the forms I've seen there's a Jewish
> 
> > Actually, many Poskim consider a default on payment to be possible
> > grounds for retroactively annulling a sale.  See, e.g., Nesivos
> > (190:7), Bah (HM 96:23), Pis'hei Teshuvah (ibid. 2) and Beis Meir (EH
> > 90:9 s.v. Kayamim Be'azmam ... V'hinei Ha'Zarich Iyun She'hiniah Harav
> > Ha'Maggid ...).
> 
> Not if there's an arev kablan.

If / when the arev kablan refuses to pay, then the sale will still
presumably be void, according to the aforementioned opinion.

> Zev Sero               Something has gone seriously awry with this Court's

Yitzhak
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