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Siman 448 – Chometz After Pesach / Selling Chometz

  1. Chometz of a Jew that was kept over Pesach is ossur b’hana’ah. The Jew transgressed Bal Yayraeh U’val Yimotzay, therefore the Chachomim penalised him. (ShA3 — MB7)
  1. Chometz of a gentile or hefker that existed until after Pesach remains muttar even to eat. (ShA1 — MB2)
  1. If a Jew and gentile owned chometz as partners, the gentile’s portion will be permitted when the gentile splits with the Jew and takes his portion after Pesach. (MB2)
  1. If a gentile brings a gift of chometz to a Jew on Pesach (even on Shmini Shel Pesach which is d’rabbonon), the Jew should not accept it. Do not even tell him, ‘Put it in a protected place in my yard.’ (ShA2 — MB5)
  1. If you do accept it or tell him where to put it, the chometz will immediately come under the penalty of Chometz Sh’ovoar Olav Hapesach and will be ossur b’hana’ah since you transgressed Bal Yayraeh. (MB4,5)
  1. It is best to verbalize quietly that you do not wish your reshus to acquire it for you. If you do verbalize this, you can even show the gentile where to put the chometz down. You will be required to cover it until after Shabbos or Yom Tov so you will not come to eat it as Pesach ensues. (ShA2 — MB6)
  1. As long as you do not indicate that you want the chometz, the gentile merely leaving a present of chometz in your reshus will not make it ossur. Your property will not acquire it against your will. (MB5)
  1. Doubtful Chometz Sh’ovar Olav Hapesach is permitted. (MB9)
  1. Even if a Jew owned chometz on Pesach by accident or by mistake it becomes ossur nevertheless. (ShA3)
  1. It is forbidden to sell your chometz to a Jewish mumar. (MB11)
  1. If you sell or give your chometz to a gentile it will be permitted after Pesach. This applies even if you know that the gentile will not touch the chometz but will keep it for you until after Pesach. (ShA3)
  1. The sale or gift must be complete with no conditions attached. (ShA3)
  1. For a gift: the gentile must lift the chometz. If it is too heavy he can pull it (meshicha). Meshicha must be performed outside the Jewish seller’s property. (MB12,15)
  1. For a sale, most poskim hold that meshicha alone works. Some hold only kessef works. Others allow challipin, kinyan agav, and kinyan chatzair. Practically speaking, do both kessef and meshicha. Kinyan Agav is considered the best: sell or rent to a gentile a room via kinyan kessef and shtar, then say ‘On top of the real estate acquisition, acquire the chometz that I have wherever it may be.’ (MB12,17,19 — BiH)
  1. Lechatchila, instruct the gentile to remove his purchased chometz from your premises. If there is too much to transport, sell to the gentile the room that contains the chometz. (ShA3 — MB12)
  1. You must give the gentile access to the room with the chometz by either giving him the keys or by telling him, ‘At any time you like, you may come and take the keys in order to take your chometz.’ (MB12)
  1. If you do not give the gentile access to the room, the sale will not be valid. (MB12)
  1. If you know the value of the chometz, tell the purchaser how much he will owe you if he decides to keep the chometz. Do not say a sum much larger than the true value. (BiH)
  1. If you do not know the value of the chometz, at least say to the gentile, ‘I am selling this to you at the value to be determined by so-and-so or by three experts.’ (BiH)
  1. Each type of chometz must be specified. The volume can be determined after Pesach if necessary. (BiH)
  1. When using shtar, be sure to write the name of the purchaser. (BiH)
  1. To acquire the chometz and the room back after Pesach, it is sufficient to give some kessef to the gentile and he will return the shtar. (BiH)
  1. If the gentile does not wish to return the chometz after Pesach you may by no means force him nor sue him. All you can do is claim the balance of the loan in cash. (MB13)
  1. You may appoint a Jewish messenger or your wife to transfer the chometz over to the gentile’s possession. (MB14)
  1. If you place your chometz into another Jew’s room who will be selling his chometz, you must inform him to be your messenger to sell your chometz also. If you neglect to inform him, your chometz will not be sold and will become ossur after Pesach. (MB18)
  1. If you find chometz in your house after Pesach, some poskim hold that it is ossur b’hana’ah even though you did bedika and bittul. If you will have a great financial loss, you can rely on the poskim who hold it is not ossur b’hana’ah. (MB25)
  1. You may not feed chometz on Pesach even to unowned animals, and even with chometz that you find and is unowned. (ShA6 — MB28)
  1. Similarly, you may not derive benefit from gentile-owned chometz. (ShaT76)
  1. You may give your pet to a goy over Pesach (e.g. pet-sitting) even if you know the goy will feed your pet chometz, provided that you give it over with ample time before Pesach and you do not specify to feed it chometz. (MB31)
  1. If you do not know what the goy will feed your pet you may give it over at any time. (MB32)
  1. If you want to feed grain to your animal on Pesach, you will need to stand by and destroy whatever is left over so it does not become chometz from the animal’s saliva. Therefore, the minhag is to sell the animal together with the barnyard to a goy and have the goy feed the animal. (MB33)
  1. Milk from a chometz-fed animal is muttar only if milked 24 hours after the feeding. Some poskim allow the milk on the same day as long as the animal was fed non-chometz in the morning and the evening. (MB33)