Chapter 5. The Laws of Selling Chametz

Actual Chametz
a. Some are careful not to sell genuine actual chametz except in a case of significant financial loss [1] .

Appointing the Rabbi as an Agent
b. The rabbi does not acquire the chametz; rather, he becomes the agent of the person signing the authorization to sell the chametz to a non-Jew [2] .

Making a Kinyan
c. It is customary to make a kinyan between the rabbi and the person granting the authorization. The kinyan is not indispensable, since according to the basic law appointing an agent does not require a kinyan, and here the rabbi merely becomes an agent for the sale, as stated above [3] . 

The Manner of the Kinyan
d. The kinyan is performed by the person signing the authorization lifting the sudar, and thereby the rabbi becomes an agent to sell the chametz. 

The Nature of the Sale
e. In the sale of chametz, two things are done: first, the chametz is sold to the non-Jew; second, the places where the chametz items are located are rented out. The reason the place of the chametz is also rented out is twofold. First, so that one will not need to make a partition in front of the chametz, for the halacha stated in the Gemara in Pesachim [4] and in the Shulchan Aruch [5] is that if a non-Jew’s chametz is in a Jew’s domain, he must make a partition ten tefachim high for it. Therefore, by renting the place of the chametz to the non-Jew, the chametz is considered to be in the non-Jew’s domain, and no partition is required. The second reason for renting out the place of the chametz is so that the non-Jew can acquire the chametz through kinyan chatzer [6] .

Chametz in Garbage Bins
f. Chametz found in the building’s garbage bins should be removed, and one must ensure that on the eve of Pesach, after the municipality has emptied the garbage, no chametz is placed in the garbage bin. Ideally, one should not rely on selling his share in the bin to the non-Jew, since the bin is jointly owned property, and it must be discussed whether one partner can rent out his share in jointly owned
property without the consent of his partner [7] .

Chametz in the Courtyard
g. Chametz in a courtyard: if it is an open courtyard where birds are present, and it is not known that chametz entered there since the night of bedikat chametz, one may rely on the assumption that the birds ate it. Therefore, it is sufficient to check the sides of the courtyard, in places the birds do not reach. But if it is known that chametz was eaten there since the night of bedikat chametz, the courtyard must be checked for chametz. Regarding renting out one’s share in the courtyard, this requires discussion, as stated in paragraph f [8] .

Electrical Cabinet
h. One must check for chametz in electrical cabinets and the like, because sometimes chametz is placed there, and one should not rely on the sale, as stated above.

Mailboxes
i. One must check mailboxes—if they are used on Pesach—because sometimes chametz is placed there. Likewise, any place into which chametz is placed and which one uses on Pesach should not be rented to a non-Jew and must be checked for chametz.

Vacuum Cleaner
j. One must remember to remove or empty the vacuum cleaner bag, which may contain chametz, and ideally one should not rely on the sale for this.

Leaving One’s Home
k. Someone who leaves his apartment for all the days of the festival should rent the apartment to a non-Jew and sell the chametz [except for genuine actual chametz, which ideally should not be sold, as stated above]. However, in order to fulfill the mitzvah of bedikat chametz, he should do one of two things: either not rent one room to the non-Jew and check there for chametz, or rent a room in the place where he is staying and check there. In practice, he should ask a Torah scholar.  [9]

Other Products Used with Chametz
l. Kitniyot, spreads, and snacks that contain no grain, even if they were used during the year, may be sold to a non-Jew.

For an example of an authorization document, see below (Iyunim Pesach 2).

[1] Shulchan Aruch (section 448, paragraph 3), Eliyah Rabbah (subsection 7), and Maaseh Rav (paragraph 180).
[2]  Mishnah Berurah (section 448, subsection 14) and Shulchan Aruch (Choshen Mishpat, section 182, paragraph 1).
[3]  Shulchan Aruch (Choshen Mishpat, ibid.).
[4]  6a.
[5]  Section 440.
[6]  Mishnah Berurah (section 448, subsections 12 and 17).
[7]  See Shulchan Aruch (Choshen Mishpat, section 316, paragraph 2), and see there in Netivot (subsection 3), that in the case of partners
whose house belongs to them jointly, each one can certainly rent out his share without the knowledge of his fellow; and similarly the Sema wrote (section 154, subsection 8). However, he cites there the opinion of the Levush, who disagrees with this. See also Shulchan Aruch (Choshen Mishpat, section 363, end of paragraph 10), Sema (subsection 25), and Biur HaGra (subsection 33). Indeed, from the words of the Mishnah Berurah (section 448, end of subsection 2), it appears that he took it as obvious that one of the partners can sell his share to a non-Jew. In any event, if he did so and sold his share to a non-Jew, one must be careful not to use the bins throughout all the days of the festival.
[8]  Shulchan Aruch (section 433, paragraph 6).
[9]  Shulchan Aruch (section 437).