Q & A: Mechirat Chametz – The Chametz Sale (Part I)

Question: I would like to have a better understanding of a practice that I and many others are a party to every year before Passover: How does the sale of chametz to a gentile take effect if it is returned to the original owner within a very short period after the Festival’s conclusion?

M. Goldblum
Via Email

Answer: The Gaon Rav Shlomo Yosef Zevin, zt”l, chief editor of the monumental Talmudic Encyclopedia, discusses your question at great length in his equally famous Mo’adim Behalacha (4:245, Section on Pesach). He establishes that the age-old procedure of mechirat chametz, when conducted by a rabbi in the properly prescribed manner, does remove the chametz from one’s possession for the duration of the Passover festival.

The Torah mentions twice in Parashat Bo the prohibition regarding chametz. The first time (Exodus 12:19) it states: “Shiv’at yamim se’or lo yimmatzei be’vateichem ki kol ochel machmetzet ve’nichreta hanefesh hahee me-adat Yisrael bager u’ve’ezrach ha’Aretz” – For seven days leaven may not be found in your houses, for anyone who eats that which is leavened, that soul shall be cut off from the congregation of Israel, whether he be a convert or a native of the land. This verse is followed by “Kol machmetzet lo toche’lu…” – You shall eat nothing leavened…” This is the source of “bal yimmatzei,” that chametz shall not be found (12:20).

Later in the same parasha (Exodus 13:7), we read, “Ve’lo yera’eh lecha chametz ve’lo year’eh lecha se’or be’chol gevulecha…” – No chametz shall be seen [in your possession], nor may leaven be seen [in your possession] in all your borders. This is the source of “bal yera’eh,” that chametz shall not be seen.

The Gemara (Pesachim 5b) deduces from the combination of these verses the prohibitory precepts of bal yera’eh and bal yimmatzei, which are both violated should chametz be found in one’s possession.

There would be no problem if one could simply destroy every bit of chametz in one’s possession. If everyone could do so, there would never be the possibility of a violation occurring. In reality, however, while the homemaker might find this to be possible, manufacturers and shopkeepers would be hard-pressed to dispose of all their chametz products.

In fact, if this were done, there would not be much in the way of chametz for consumption after Pesach. A greater problem still is that Jews would be eliminated from a whole segment of the liquor industry, which includes such staple chametz products as beer, as well as other chametz products that are aged for years. Thus, we sell the chametz to a non-Jew and by doing so it is no longer in our possession.

To address your question, we will examine the basis for this practice and how it is effectuated.

Rav Zevin notes, as we previously stated, that there are basically two situations regarding chametz. There is the householder who does not possess a significant amount of chametz and for whom the easiest means of eradicating chametz may be biur chametz (by any means that destroys it, such as burning it or flushing it down the toilet). Then there are those who deal with large quantities of chametz, such as manufacturers, distributors, and storekeepers, whose livelihood depends on large inventories which they cannot simply destroy without causing great financial distress for themselves.

Lest we think that this problem is unique to modern society, let us look again at the Talmud.

Rav Zevin cites the first mishna in Perek Kol Sha’ah (Pesachim 21a), which states: “As long as it [the chametz on Erev Pesach] is permitted to be eaten, one may feed it to the animals [domestic or wild], the birds, or one may sell it to a gentile…” Regarding the sale to a gentile, this is a complete and uncomplicated sale. (The gentile pays for the merchandise and may take it with him, never to be used again by the previous Jewish owner.)

Rav Zevin refers us to the dispute between Beit Shammai and Beit Hillel (Shabbos 18b) regarding the sale of items on the eve of the Sabbath. The dispute there is similar to that regarding the sale of chametz. Beit Shammai does not allow any sale to a non-Jew to take place on the eve of the Sabbath if there is not sufficient time for the gentile to transfer the merchandise to his house. Beit Hillel allows the sale if there is sufficient time for the gentile to reach the wall of his city.

Similarly, regarding chametz, Beit Shammai restricts such sale to a situation where there is sufficient time for the gentile to use it up before Pesach. Beit Hillel, on the other hand, rules that at the time one may still eat chametz, it can in turn be sold to the gentile (without any other restrictions).

Tosafot (Shabbos 18b s.v. “Velo yash’ilenu”) explain the position of Beit Shammai regarding the sale before the Sabbath as follows: One desires to avoid any appearance that the gentile is acting as the Jew’s agent (for people might not realize that removal of the item is the result of a sale).

Similarly, regarding the sale of chametz, we obviously infer that Beit Shammai’s caution here too is due to the fact that it creates the appearance that the Jew merely hired the gentile as an agent to remove the chametz from his dwelling. Beit Hillel views it as a full sale and sees no problem, as it should be understood by all that the Jew no longer has a connection to the chametz.

Rav Zevin also cites the Gemara (Pesachim 13a) that relates an incident where a certain person left sacks of chametz with Yehuda Chakuka.