Photos: Buying Back the Chometz

After having sold the Chometz before Pesach, Rabbi Moshe Bogomilsky and Rabbi Shimon Hecht got together with Winston, the gentile who purchased the Chometz, and bought back the Chometz.

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14 Comments

  • 1. Kinda Funny wrote:

    During Chol Moed Winston was complaining to some of the bochurim at Hadar HaTorah that there was a flood in the kitchen, and we were sort of telling him that he had bought it, it was his problem.

    • 3. CR wrote:

      Those are all the shtarei mechirah that people filed with the B”D.

      Would all those done online be included in the box on a thumb drive or similar medium?

    • 7. K wrote:

      Milhouse, why do you mix kasha with borsht?

      Kinyan Agav and Kinyan Sudar are separate and distinct.

      Kinyan Agav:

      The Mishnah in Kiddushim (26a) articulates how Agav works “Movable property [Metaltelin, such as Chametz] can be acquired ‘along with’ [‘Agav’] real estate [Karka].” Rashi on the Mishnah explains how Kinyan Agav works “if Metaltelin are sold with Karka, once the purchaser makes a Kinyan on the Karka, he acquires the Metaltelin, along with the Karka.”

      Doing a Kinyan Agav for Mechichiras Chometz:

      This is one (of several) reason why mechiras chometz should NOT be relied on for chometz gomur!

      The Ketzot (Choshen Mishpat 194:3) cites Tosafos (Bava Kama 12a s.v. Ana) who holds that Kinyan Agav is merely Drabonon and is not effective on a Doraysa level. The Rav SHulchan Oruch in Seder Mechirat Chametz holds that the sale must be valid M’doryasa (contrary to other opinions that say it is sufficient to be a mechira midrabbonon – Bechor Shor to Pesachim 21a and the Mekor Chaim).

      Further, the Tumim (122:12) holds that Kinyan Agav works only in a transaction between Yidden, but not between a Yid and Goy.

      Kinyan Sudar, also known as Chlipin (exchange):

      This kinyan is also problematic for mechiras chometz.

      Although the Dagul Mervavah (Shulchan Aruch Y.D. 448:3) holds that this kinyan is the best of all the problematic choices, still he concludes “What can I do, since the Shach (C.M. 123:30) soured the idea.” Since the Shach holds that Kinyan Sudar cannot transfer ownership from a Yid to a Goy (contrary to Rabbenu Tam in Tosfos Kiddushin 3a).

      SInce on pessach we keep so many chumras to avoid owning or consuming chometz, it is important NOT to sell chometz gomur to avoid the possibility of being Over on Baal Yereh u’Baal Yimotzay.

    • 9. maven wrote:

      We actually sell “chometz gamur”. The snags don’t. Rabbi K implies that what we do is wrong in halacha. Can someone who knows how to learn PLEASE respond to Rabbi K! THIS IS IMPORTANT!! OMG – I just put it all together, is Rabbi K from BMG, Lakewood – Kotler??!!

    • 10. Kasha wrote:

      You say K is Kotler. Which Kotler do you mean? There are two Kotlers at BMG, the Rosh Yeshiva is Malkiel Kotler and the Executive Director is Aron Kotler.

    • 11. Kop Doktar wrote:

      If we ignore K (or Kotler) maybe he will just go away.

    • 12. Bochur wrote:

      K is totally right so there is nothing for anyone to answer.

  • 13. Moshe wrote:

    Photo shows Rabbi B giving the goy a bottle of wine. Is it filled with wine from Dom V’Aish V’Simros Oshon and the malkos. The minhag is to give THAT wine to a goy!

  • 14. Kasha wrote:

    How can they use a shtar mechira in Hebrew that the Goy does not understand? Shouldn’t it be in a language that both parties can read and understand???

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