[Avodah] Heter mechira

[Zev Sero]

Yitzhak Grossman wrote:
> 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.

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.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas