[Avodah] When Bittul Chometz precedes Mechiras Chometz

[Micha Berger]

On Thu, Apr 19, 2018 at 12:25:22PM -0400, Zev Sero via Avodah wrote:
: It was obvious from your actions that you didn't include it in the mechira.

With this line of reasoning, one would be forced to hold like the posqim
who don't allow buying from stores (or NY's dominant beer distributor)
that sell their chameitz via a rav before Pesach, and then continue to
treat it as merchandise to be sold over Pesach.

When I was a kid, it was a big deal that we couldn't buy chameitz from
Walbaum's, including the supermarket whose parking lot was directly
across the street. It means that for a couple of months, I couldn't be
sent to the store on Fri for many of those last-minute purchases.

I presume (given who my parents would have asked in that era) that was R'
Fabian Schoenfeld's pesaq.

But as the broohaha over beer this year indicates, there is a machloqes.

We could view the sale as valid, and the Jew wrongfully selling merchandise
that belongs to someone else. Theft, rather than chameitz she'avar alav es
haPesach.

Which would imply that in our case, where bi'ur chameitz is done later
than the rav's mechirah, we would view it as wrongfully destroying someone
else's chameitz.

Assuming even the sale is effective as-of the last possible moment, therefore
guratanteeing the usual bi'ur of known chameitz would happen first, there is
still the question of what to do in case of error. Is chameitz found between
chatzos erev Pesach and tzeis at the end of the last day destroyed, or
moved to a location you told the non-Jew where to look?

I would think the latter.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 23rd day, which is
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