[Avodah] Chamets Sale, the one that got away - Mashkon Pikadon

[Rabbi Meir G. Rabi via Avodah]

 In Siman 440
chametz foods owned by a G
in the care of a Yid (a ‘shomer’ / guardian)

Siman 441
chametz foods owned by a G
left in the care of a Yid
as a ‘mashkon’ (lit. collateral)
for guarantee of a loan from the Yid

Pesachim 5b
Two pesukim
Shmos 13:7 “Chametz shall not be seen to you and leaven shall not be seen
to you in all your borders.”
You may not see your own (i.e. keep in your possession),
but you may see that of others (i.e. non-Jews)…

Shmos 12:19 “For a seven-day period leaven shall not be found in your
homes.”
a Yid may not accept Chamets deposits from non-Jews.”

there appears to be an inconsistency
Gemara Pesachim 5b
If a Yid may see Chamets of non-Jews
why does the Beraisa prohibit the chametz deposit of a non-Jew?

It depends upon whether the Y has (monetary) responsibility
for the Chametz,


When a Y
accepts monetary responsibility for the chametz
he is considered to be owner
to the extent that he is Over BYBY

Mishnah Berura discusses whether the Y
can sell the ‘pikadon’.
concludes yes

If the Y has no monetary responsibility (i.e. for loss, theft or negligence)
it may be kept in his house during Pesach

but to ensure it is not mistakenly eaten
must close it in a room

The ‘shomer’ who assumes monetary liability
becomes a part-owner
therefore, a Jew's chametz
with a non-Jewish ‘shomer’
does not absolve the Y
he is Over BYBY

A visiting non-Jew
who brings his own chametz
into the home of a Jew
need not ask the non-Jew
to remove the chametz
and may even invite him into his home
and eat the chametz right at his table
provided the Y does not eat together with the G
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