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Pesach Guide - Selling Chometz

1. Why was the procedure of selling chometz originally instituted?

Originally, only those who traded in food sold chometz in order to avoid major financial difficulty. It was done personally with a non-Jew and the chometz was taken out of the house. When this became a practical problem, a locked room containing the chometz was sold to the non-Jew (or rented, in Eretz Yisroel where it is forbidden to sell land to a non-Jew) and the key was given to him. More recently, many other leniencies have been included.

2. May individuals sell their chometz to a non-Jew?

Due to the highly complex laws of acquisition between Jew and non-Jew, the custom is that the rav sells the chometz for the community.

3. May one sell food that is definitely chometz?

  • According to most opinions, one may sell food that is definitely chometz.
  • Some have the custom not to sell food that is definitely chometz. This is because the sale involves complex halachic issues, and it is difficult to fulfill the requirements in a way that satisfies all opinions. One may be lenient if disposing of it would cause financial hardship.

4. May one sell food that is questionable chometz?

According to all opinions, one may sell food that is questionable chometz.

5. Aside from bread, which foods are definitely chometz or contain chometz?

Such foods include beer, biscuits, bissli, bran, brewers yeast (nutritional yeast), cake, cereals (that contain one of the five grains), cookies, crackers, dough, drinks from grains (chico), instant quaker oats, macaroni, malt, noodles, oatmeal, puffed wheat, semolina, snack bars (that contain one of the five grains), soup nuts, spaghetti, wafers, wheat germ, whisky, and yeast extracts. [The five grains are wheat, barley, spelt, rye, and oats].

6. May flour be sold?

The custom is to permit the sale of flour. Although some have the custom not to sell food that is definitely chometz (see question ‎3), flour is not considered to be definite chometz. This is because the grains are washed quickly and probably have not been in contact with water for sufficient time to become chometz.

7. Which products are questionable chometz and may be sold?

Alcohol, alcoholic drinks (except beer and whisky), all canned foods, baked beans, baking powder, burgol (whole wheat), brown sugar, candies, chewing gum, chocolate spread, cocoa, coffee, custard powder, dextrose, dried fruit, drinking chocolate, falafel powder, flavorings, flour, fruit drinks, glucose, granola, grape sugar, instant puddings, pleasant tasting medicines, mustard, pearl barley, pickled meats, pickled vegetables, play-do, powdered soups, raw oats, regular matzo and matzo meal, salted nuts and seeds, sausages, soda, starch, spices, vegetarian meat, vinegar, and vitamins.

8. Should everyone arrange the sale of chometz?

Due to today’s technology and advanced methods of food production, even a seemingly simple item may contain chometz. Therefore, everyone is advised to arrange the sale of chometz.

9. Do chometz pots and dishes need to be sold?

No. If pots were sold, they would need to be toiveled again after Pesach when they are reacquired from the non-Jew. The custom is to include in the sale any chometz that remains in the pots.

10. Do dried flower arrangements need to be sold?

Dried flower arrangements that contain one of the five grains should be put away and included in the sale, in case they were in contact with water and may have become chometz.

11. What else should be included in the sale?

If a person owns stocks in a company that deals with chometz, he should preferably list them. According to some opinions, this ownership establishes him as a partial owner of the chometz.

12. Should every item of chometz and its exact location be specified in the contract?

Preferably, the exact location of all the chometz should be specified. However, if an item or a location was omitted, it is included in the sale. This is because there is a clause in the contract that includes all types of chometz in all places.

13. Does one need to lock the place where the chometz is stored?

If possible, yes. Otherwise, it should be taped closed and labeled that there is chometz inside. A section of the house that is being sold should be locked if possible, or closed off .

14. If the house will be vacant during Pesach, does this affect the sale?

Since the non-Jew must have access to the chometz, one should leave a key with a neighbor and inform the authorizing rav of its location.

15. During Pesach, may items be taken from sections of the house that have been sold?

The contract gives permission to the seller to retrieve an item from these locations in times of need. However, one should not do so too often, since this would indicate that the sale has not been taken seriously.

16. May a person appoint an agent to sell chometz with the rav?

Yes. There are suitable contracts of sale available for those who cannot arrange the sale personally.

17. What if a person or his agent cannot personally meet the rav?

Ideally, either the person or his agent should sign a contract in the presence of the rav and grasp an object to strengthen his authorization. However, in extenuating circumstances, a person may arrange the sale with the rav by telephone.

18. Should one pay the rav for his services?

Although this is not strictly required, many people have the custom to do so. According to some opinions, this strengthens the rav’s authorization.

19. How should the sale be arranged if one is going to be in a different time zone during Pesach?

He should tell this to the rav who is selling the chometz. The rav will then be able to schedule the sale and repurchase of the chometz in an acceptable way.

20. May a person who lives in a rented house, rent part of it to a non-Jew?

This is allowed even without explicit permission from the owner. This is true even if there is a clause in the rental contract that forbids subletting, since the non-Jew has no intention to live in the house.

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