[Avodah] Burning sold chameitz

[Daniel Israel via Avodah]

On Apr 30, 2017, at 11:22 AM, Micha Berger via Avodah <avodah at lists.aishdas.org> wrote:
> On Wed, Apr 12, 2017 at 09:45:20PM +0200, Ben Waxman via Avodah wrote:
> : http://bit.ly/2pui5Hy
> : OK. But today i looked at the contract used to authorize the
> : rabbinate to sell one's chameitz (linked above). It says very
> : clearly, that they are selling ALL of a person's chameitz....
> : 
> : So my question returns: would someone burn chameitz that they found?
> 
> I think the "out" is the clause "sheyeish lanu ba'alus alava". So,
> chameitz that you didn't have baalus on, but was delivered on Pesach
> wouldn't be included. (And would be a davar shelo ba le'olam, even if
> you did try to include it.)

I have been bothered by this same question for many years, and mentioned to my Rav over Pesach.  It was his impression that contracts in EY more commonly did not use loshen including unmarked/unknown chametz.  I think that is common in the US.  I suggested that it is motivated by a desire to protect against the case of accidentally consuming chometz sh’evar alav haPesach where the person completely lost track and by the time he ate it, he didn’t remember he sold it.  But it does seem that burning it would depend on how the contract was written.

And I would take it a step further and point out that if it was sold, there is a serious geneivah issue. 


> No, that doesn't cover things you owned since before Pesach and were
> unware "delo chazisei" that you only found on Pesach.
> 
> OTOH, wasn't that stuff already mevutal anyway?

Can I burn something that was hefker without acquiring it?  If I declare something hefker (I’m not sure the legal implication of batel), and then I burn it, wouldn’t that imply I’m koneh it?  Which makes things much worse.

—
Daniel Israel
Kol BeRamah Torah Learning Center of Santa Fe, President
daniel at kolberamah.org





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