Understanding the Mechirat Chametz sale

Every year, I go to the rabbi to sell my chametz, but I honestly don't understand what I'm signing. Could you explain what mechirat chametz involves, what exactly I'm selling, and why I need to pick up the rabbi's kippah?

Thank you for your question.

Appointing the Rav as a shaliach

First, it is important to know that we do not sell the chametz to the Rav; rather, we appoint the Rav as a shaliach on our behalf to sell the chametz to a non-Jew and then to buy it back after Yom Tov.

In order to appoint the Rav as a shaliach, we write in the document that we give the Rav the right to sell our chametz on our behalf. Since there are poskim who hold that when appointing a shaliach, one should do it with a kinyan, we lift an object (which is considered as a kinyan) to finalize the appointment, as stipulated in the document. However, even if one does not do so, the shlichut is still considered valid.

In the Mechirat Chametz document

In the Mechirat Chomets document there are two parts:

1. 1. We sell all the chametz to the non Jew, even the chomets that got absorbed in the cooking utensils.

2. 2. We rent to the non-Jew the place where the chametz is stored.

Selling the Chametz:

HaGaon HaRav Fried, shlita, writes that some are meticulous not to sell actual chametz (chametz be’ein) and that is the accepted halacha le’chatchillah, unless it would cause significant financial loss.

Renting Out the Space:

We do not merely sell the chametz to the non-Jew; we also rent out the space where the chametz is located.

There are two reasons for this:

a. The halacha states that a Jew who has chametz belonging to a non-Jew in his house must have a mechitzah (division) 10 Tefachim as a divide between his possession and what he sold to the non -Jew.

This halacha is brought in Mesechet Pesachim 6a and the Shulchan Aruch, OC Siman 440.

Therefore, we rent the place where the chametz is stored so it will not be considered as chametz of a non-Jew in a Jewish home, which would otherwise require a mechitzah. By renting the space, it is now regarded as chametz belonging to a non-Jew in a space that also belongs to the non-Jew, hence eliminating the need for a mechitzah. Nevertheless, even though one doesn’t need to make a mechitzah of ten tefachim , one should still lock away what is sold to the non-Jew and place a sign, 'Machur Le’goy,' in order to avoid any mistakes that one may take out the utensils and use them during Pesach.

b. The second reason we rent the space to the non-Jew is that it facilitates another type of acquisition whereby the non-Jew acquires the chametz through what is called kinyan chatzer (acquisition of courtyard).

Shared property.

It is important to note that the place where one shares with other neighbors has to be cleaned out before Pesach; for example, the room where the dustbins are. Therefore, once the council has taken the last round before Pesach, one should be careful not to place any more chametz there.

This is especially important this year since we will still be eating chametz until Shabbos morning, and before the time of sof zeman biur chametz, one should not put the chametz in the dustbin room. Rather, if there is a Kosher eiruv, one should take it out to the public dustbin, or flush it down the toilet, or pour on it something that will destroy the chametz. If it is bigger than a kezayit, one should pour on it something that will make it not edible even for a dog.

If all the neighbors are Torah observing Jews, then the best would be that the one who is in charge of the management of the building should rent out the room of the dustbin to the non-Jew in his mechirat chametz, in addition to what was mentioned above.

Wishing you a Chag Kasher Ve’Sameach.

Azamroh Lishmecho Moadim Pesach