Selling Chomets: Time zone diffrence

Hi, I am from the states and am planning to be in Israel over Pesach so my question is according to which time zone should I sell my chomets? should I sell my chomets according to the time of Pesach in America since that is where the chomets is or since I am going to in Israel does it have to be like the time in Israel?

Thank you for your question.

When one is Selling chomets, Le’chatchillah, one should not sell chamets be’ein (actual chomets), the purpose of the sale is for the chomets in our house that we may have overlooked, and the chomets that may have been absorbed into the cooking utensils. Unless it would cause a big monetary loss then one may be lenient to sell the chomets to a non-Jew.

With regard to your question, this has been a big debate amongst the poskim whether the prohibition of chametz depends on the location of the chametz, so in your case it would be according to American time, or whether it is according to the time zone where the owner is. There are two opinions in halacha on this subject, and each one brings proof for his shittah:

The opinion of the Oneg Yom Tov :

The Oneg Yom Tov (Siman 36) writes that the prohibition of having chametz in your possession depends on where the chametz is located, not where the owner is.

He brings proof from the Gemara in Pesachim (page 31), which discusses the monetary value of chametz during Pesach (this is because one is obligated to destroy the chomets and may not have any kind benefit from it, therefore it is not considered as having monetary value.) The Gemara states that if someone eats Terumah of chametz on Pesach, since there is no monetary value to repay, he only has to repay the according to the amount he took and not the value.

The Oneg Yom Tov asks that there can be case that chomets will have a monetary value, in a case where the owner, for example, is in Israel and the chametz is in America, and on Motzei Yom Tov for the owner there is no prohibition of chametz, so his chametz now has value. If at that time someone in America eats it, he should have to compensate that loss to the owner.

The Oneg Yom Tov concludes that since the Gemara does not suggest this solution, we see that the chametz is still considered forbidden (assur b'hana'ah) even if Yom Tov for the owner Yom Tov has ended.

The opinion of the Chessed Le’Avraham:

The Chessed Le'Avraham writes that the halacha is the opposite and that the prohibition of chametz depends on the location of the owner, and only at the time that the owner is under the prohibition of chametz is the chametz forbidden (assur b'hana'ah). However, if for the owner the Yom Tov has ended, the status of the chametz becomes permitted (mutar). This is based on the verse לא יראה לך חמץ - " You shall not see chametz," which indicates that the Torah specifically addresses the owner. Therefore, says the Chessed Le'Avraham, we say that the status of the chametz depends on where the owner is.

Therefore, as you can see, this is a machlokes in halacha. Therefore, HaGaon HaRav Amrom Fried, Shlita, writes that one should be stringent and sell the chametz according to the earliest time, for example, in your case, like the time in Eretz Yisrael, and buy it back according to the latest time, which is like the time in America where your chametz is located.

Wishing you a Chag Kasher Vesameach.

Other halachot regarding if you may receive an aliyah in Erets Yisroel, when it is Yom Tov for you, or with regard to Tefillah for a ben chutz la’aretz you can find on our website.

Oneg Yom Tov (Siman 36)

Chessed Le'Avraham