[Avodah] When Bittul Chometz precedes Mechiras Chometz

[Zev Sero]

On 24/04/18 11:24, Micha Berger via Avodah wrote:
> 
> I don't see how this works as a reason. Is an insincere declaration of
> hefqeir less real than an insincere asmachta of a sales contract?

Yes, I think it is.  Hefker, especially when the item is still in your 
property, depends on your willing renunciation.  If you still regard it 
as yours then it's not hefker, regardless of your declaration.  Either 
because the insincere declaration is defective, or because the moment 
you think of it as yours you regain it through kinyan chatzer.


> : Some may question what I am writing in this post, and they will point
> : out that Mechira is more effective than Bedika, because (as RBW wrote)
> : Mechira gets rid of ALL the chometz, whereas Bedika only gets rid of
> : the chometz that we found...
> 
> "Dechazisei udelo chazisei"?

Bedika != Bittul.   By definition Bedika cannot get rid of what is not 
found.


 > Can you sell something you didn't know you owned?

I don't see why not.  If you inherited an unspecified estate you can 
surely sell it as a lot, sight unseen, and leave it to the buyer to 
discover what exactly is included in it.


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