7248 —מכירת חמץ כאשר יש אפשרות שמישהו יטול ממנו בפסח

Shalom u'Vrachah!

It is obvious that one must arrange the sale of chametz there. The benefit is certain. In addition to the main point (the issue of bal yera'eh and bal yimatzeh), there is also the awakening and reminder regarding the prohibition of chametz. It is a custom of our ancestors, etc. The concern that someone might take from the chametz during Pesach, etc.: 1) It is clear that several of those mentioned above will not do this. 2) Even regarding those suspected, certainly the certainty of rectification is not absolute. 3) Even regarding one who does take, according to many opinions, the sale is not nullified [so it appears from the opinion of Admur in Siman 448, sections 13-14], rather he is simply stealing what he takes and nothing more. 4) Even according to those who say that the sale is nullified, it can be said that this applies only from that moment onward—and he has been saved from the prohibition of bal yera'eh and bal yimatzeh until that time. And since it is a prohibition without an action—for many opinions there are no lashes even if an action was done. 5) Even for those who say lashes are given—there is a question as to what prevails: all eight days of Pesach in violation of bal yera'eh and bal yimatzeh but in a manner where lashes are not given—or a shorter time, but for one moment—the moment when ownership returns—he stands in violation for which lashes are given. 6) Even if you say that the sale is retroactively nullified—on the contrary, according to this there was never an act (of acquisition), so there are no lashes for this, because there was never a sale and no possibility for acquisition during Pesach.

He should clarify with rabbis who discuss these matters with him: whether it is possible to add and what benefit there would be in adding to the above contract: A) That if the Jewish seller or his agent wishes, he will be authorized by the non-Jewish buyer—not on Pesach—to sell on his behalf or give as a gift any of the sold items; or B) That he sells to him etc., up until measurement after Pesach, except for what will be taken from those items listed in the contract even on subsequent days. And obviously sellers should be warned that they are forbidden to do any of these things. But even if they transgress this prohibition—there is no concern about nullifying the sale since it was made with this understanding.

This was printed in Haggadah Shel Pesach with Likkutei Taamim U'Biurim (published from 5746 onward p. 453). This is an answer to Moreinu HaRav Shmuel Pesach Bogomilski—regarding his question on behalf of Rabbi Shpeizman (see below letter #6779), whether it is worthwhile to arrange a sale of chametz in a city where some who sell may take from their chametz during Pesach.

In footnotes by the publisher there: On several points in this letter discussed at length in various books—see cited sources: Sdei Chemed Choshen Mishpat section 9 subsec. 35; Shaarei Metzuyanim B’Halacha on Kitzur Shulchan Aruch end sec. 114; Otzar HaPesach (NY 5726) sec. 444; Erev Pesach Shechal B’Shabbat (Eretz Yisrael 5734) ch.4 at its start; and more.

Summary

The Rebbe writes that arranging a proper sale of chametz remains beneficial even where some may violate its terms during Pesach; most halachic opinions uphold its validity or limit concerns, especially when precautions are taken.