[Avodah] If the rabbi did not actually sell the Chamets

[Meir Rabi]

R Danny said: If they understood what they were saying when they said Kol
Chamiro
they would not be transgressing any Torah prohibition.
However, the Kitzur SA in 114:1 clearly says that even if you said Kol
Chamiro, if *your* Chometz was on *your* property during Pessach it
may no longer be used by anybody, ever after.

In response it may be said that - Chazal do not require a state of Chamets,
they require a state of mind, which in this case has been accomplished. The
question becomes Do we actually require a sale at all, it should suffice
that the owners of the Chamets believe that there was a sale.
The Torah requires that we make Bittul. However by Torah requirements, the
home may remain with Chamets, not only in sealed cabinets but even in the
pantry and wherever it is usually kept.
Chazal suspecting that a) we may inadvertently eat some of that Chamets and
b) may not really mean to make Bittul, required us to make Bedika and BiUr.
So of course merely SAYING Kol Chamira does not help, since that may satisfy
the Torah duty but does not satisfy the demands of Chazal.
In our case though there can be no Safek that the master of the Chamets has
indeed truly divested the Chamets and truly believes that there is no
Chamets which does not satisfy the requirements of Chazal.
In other words Chazal do not require a state of Chamets, they require a
state of mind, which in this case has been accomplished.
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