[Avodah] If the rabbi did not actually sell the Chamets
Meir Rabi
meirabi at gmail.com
Sat May 7 02:28:25 PDT 2011
R Akiva Miller suggested that the following Mishneh Berurah 448:18 resolves
my query.
"If a Jew placed his chometz in the room of a friend who was selling his
chometz [to a non-Jew], he must tell this to his Jewish friend who is doing
the selling, and make him a shaliach for the sale. For if he just leaves it
there, without telling, [it will become] forbidden after Pesach, because the
Jew did not know to transfer it, and the non-Jew did not know to acquire
it."
I am not yet convinced. In that case the Jew who wants to sell his Chamets
has NOT satisfied the necessary requirements and he KNOWS that. Put it like
this; if he needed to make the sale and it was critical that the sale be
valid, he would NOT rely on such casual arrangements. He would KNOW that in
such circumstances there would be an avenue which would allow the deal to be
abandoned. This knowledge disqualifies the transaction and consequently it
does NOT satisfy the requirements that Chazal imposed upon us re Bedikas and
Biur Chamets.
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