[Avodah] When Bittul Chometz precedes Mechiras Chometz

[Zev Sero]

On 23/04/18 17:49, Micha Berger via Avodah wrote:
> On Mon, Apr 23, 2018 at 05:07:54PM -0400, Zev Sero wrote:
> : 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 it's no more shebaleiv! Chameitz was sold within minutes of when
> the mechiras chameitz was chal. What the difference between my actions
> showing that I didn't intent to include this item I am then mevateil or
> burn, and the beer distributors actions showing that he didn't intend
> to include ANY item?

Again, you are conflating two questions, one of which depends on your 
intentions and one which does not:

1) Is the mechira valid?  Yes, regardless of your intentions.

2) What is included in the mechira.  Certainly anything explicitly 
included in the shtar.  But the shtar's language is vague; does it apply 
to *this* piece of bread? Only if you meant it to.  That which you've 
set aside for breakfast is clearly not included, even if the mechira 
happened early in the morning.  Ditto for that which you set aside to 
burn.

Did it include an item on your store shelves, which you ended up selling 
just 20 minutes later?   We can approach this two ways:

a) It did, because you intended it to.  Your intention was that your 
inventory should not become treif; this is inventory, you don't want it 
to be treif, therefore it's included.

b) I bo'is eima, fine, let it be as you say, and the act of selling an 
item -- whether 20 minutes after the zman or 20 minutes before the end 
of Achron Shel Pesach -- shows that it was not included.  Even if we 
were to accept this proposition (which I do not), whatever remains on 
the shelves that you did *not* sell remains included.  Not only did you 
do nothing to indicate an intention to exclude it, you clearly did 
intend to include it, since your whole purpose was that it should not 
become treif.

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