[Avodah] mechiras chametz

Eli Turkel eliturkel at gmail.com
Fri Jun 27 01:45:43 PDT 2008


>>>> 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.

>Since the AK's chometz is presumably also included in the transaction,
>he's not going to refuse to pay.  He may have trouble paying, and ask
>for an extension until he can sue the goy, but he won't refuse.

I am confused by this whole discussion. Why would anyone selling chametz
over Pesach to a Goy include an arev kablen in the deal?


-- 
Eli Turkel



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