[Avodah] When Bittul Chometz precedes Mechiras Chometz

Zev Sero zev at sero.name
Mon Apr 23 14:07:54 PDT 2018


On 23/04/18 14:08, Micha Berger via Avodah wrote:
> 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.

Not so.  The owner clearly *did* intend for this chometz to be included 
in the mechira, so that Jews would be able to buy it from him after 
Pesach.  That he doesn't take the mechira seriously is a completely 
different matter, and devarim shebelev einam devarim.

But here your actions show that you were completely serious about the 
mechira, but you didn't intend this to be included in it.  The shtar you 
signed doesn't specifically say this *is* included.  Its description of 
what's included very much depends on your intentions as revealed by your 
actions.

-- 
Zev Sero            A prosperous and healthy 2018 to all
zev at sero.name       Seek Jerusalem's peace; may all who love you prosper



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