Question:
If one found chametz on Pesach, the “standard” recommendation is to destroy it. However, around here anyway, most people sell their chametz and conceivably would be destroying chametz belonging to another person (seemingly could even void the sale). That being said, is destroying the chametz the appropriate course to take when all chametz has been included in a sale?
Answer:
What you are writing is indeed mentioned by some poskim, that since the chometz is not yours, therefore it should not be destroyed, since it does not belong to him, but to the gentile that bought his chometz. Therefore, what should be done is to make a mechitzah around the chametz of the gentile to separate it from the Jew accidentally eating it. If this cannot be done, then there are two other options. Either to pick it up and put it together with the chometz that was sold to the gentile. (It is preferred though to say before picking up the chometz that you don’t want to acquire it). The Shevet Halevi 9-116 says that it is however permitted to burn it, and the fact that it was sold to the gentile is not a concern, since the gentile really doesn’t care if a little of the chametz that he bought is burnt, as the amount of money that he will make because of the sale is not going to change at all. Therefore it can be burnt, however putting it together with the rest of the chometz is also permitted, (if a wall can’t be made around the chometz in the place that it is).
This unfortunately is a common occurrence, that people find real chametz, frozen pizza, schnitzel, knishes, bagels in their freezer on Pesach. See Heichal Hora’ah who says that the reason for this is because when they clean out their freezer a few days before Pesach, they put the chometz into a separate bag, and since the day before Pesach is so busy, they didn’t notice it. He therefore says that we should preferably not keep chometz in the freezer after it is cleaned, however if we don’t have a choice at least it should be marked very clearly and conspicuously, so that it will be noticed and removed before Pesach.
Sources:
Mikraei Kodesh (Pesach) 1-74, Sheve Halevi 3-57, 9-116, Sharei Yimei Hapesach – Section 3 chapter 11, Teshuvos V’hanhagos 5-114, Mishmeres Hapesach 36-4. See Heical Hora’ah 2-50 regarding if the person’s custom is not to rely on the sale of real chametz to a gentile.
