A MECHIRAS CHOMETZ QUESTION

[Michael Plaskow]

I do not know any answer to the following question which is the result of a dream I had last night. In my dream, I sold my chometz through the Rov of my shool. I then went to shacharis the following day and on my way to shool I met my brother walking to his shool. He told me that he had sold my chometz throught the Rov of his shool (Before I had done it) knowing that I had been unwell and in case I did not manage to get to shool.

If this would really have happened - then what should be the correct procedure? MICHAEL PLASKOW

[Yisroel Phillips]

We say "mezakin odom sh'lo b'fonov", but whether that applies to removing something from someone's reshus without knowledge or permission I don't know, but I would tend to doubt your brother had the authority to sell your chametz.

However, the sale of the chometz is not effective until a certain time on Erev Pesach, so I suppose you could contact either one of the Rabbis before then and withdraw your authority to sell tour chometz.

However, I really don't see your problem. Mi Ma Nafshoch, your chametz was sold.

[Yisroel Phillips]

I was just discussing this with our Rav and it seems that there is no way someone can sell someone else's chametz without there consent. People try and do so on behalf of other people whom they think won't sell their chametz, but it is not a good sale.

[Gavriel Silverstein]

I agree, you can't sell something of someone else's without both their knowledge and permission. However, like with a wife who makes a vow, upon learning of the situation, if that person (in Torah, her husband) doesn't correct it, it stands, and the only right thing to do, I would think, would be to buy it back from both parties after Pesach?

[Tsvi Rogin]

Unless you appointed his as a shaliach he had no right to sell the chometz. The sale is even worse than the usual fake sale.

[Ron Balofsky]

Why do we do this type of sale, It would make more sense to box up all of the chametz and move it to another warehouse (actually owned by the goy).

Tsvi Rogin said:

Unless you appointed his as a shaliach he had no right to sell the chometz. The sale is even worse than the usual fake sale.

[Gavriel Silverstein]

B"H

I agree, Ron, if you're going to go this route the chometz belongs with the goy. To suggest that having it still in the home, but "disowned" by a piece of paper (legal though it may be) certainly violates the spirit of what is being done. The physical removing of the chometz is itself part of the mitzvah.