Chapter 5. The Laws of Selling Chametz

Actual chametz

Alef Some are particular not to sell actual chametz itself except in a case of substantial financial loss1 .

Appointing the rabbi as an agent

Bet 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-Jew2 .

Performing a kinyan

Gimel It is customary to perform a kinyan between the rabbi and the person granting the authorization, but the kinyan is not indispensable, since according to the basic law the appointment of an agency does not require a kinyan, and here the rabbi merely becomes an agent for the sale, as stated above3  . 

The manner of the kinyan

Dalet The kinyan is performed by the person signing the authorization lifting the sudar, and through this the rabbi becomes an agent to sell the chametz. 

The nature of the sale

He 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 that 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 halachah in the Gemara in Pesachim 4 and in Shulchan Aruch 5  is that for the chametz of a non-Jew in a Jew’s domain, one makes for it a partition ten tefachim high. 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 needed. The second reason for renting out the place of the chametz is so that the non-Jew will acquire the chametz through kinyan chatzer6 .

Chametz in garbage bins

Vav Chametz found in the building’s garbage bins should be removed, and one must ensure that on Erev Pesach, after the garbage has been collected by the municipality, no chametz is placed in the garbage bin. Ideally, one should not rely on selling his share of the bin to a non-Jew, since the bin is joint property, and it must be considered whether one partner can rent out his share of jointly owned property without the consent of his fellow partner7 .

Chametz in the yard

Zayin Chametz in the yard: if it is an open yard and there are birds, 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 yard, in places the birds do not reach. But if it is known that chametz was eaten there since the night of bedikat chametz, the yard must be checked for chametz. Regarding renting out one’s share in the yard, this should be considered as stated in section Vav8 .

Electrical cabinet

Chet 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

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

Vacuum cleaner

Yod One should 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

Yod-Alef One 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 actual chametz itself, 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 halachic authority9 

Other products that were used with chametz

Yod-Bet Kitniyot, spreads, and snacks that contain no grain may be sold to a non-Jew even if they were used during the year.