Psak from Rav Elyashiv: Do Not Buy Post-Pesach Chometz from Chiloni Jew

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rav-elyashiv2Rav Yosef Shalom Elyashiv, according to his confidante, Rav Yosef Efrati, has ruled that one should not purchase chometz after Pesach from a chiloni Jew, even one who has sold his chometz.

The reasoning for this issur is that the chiloni has no interest in selling his chometz; he is simply doing it to fulfill a religious requirement being imposed on him. Because he has no actual intention to really sell the chometz, the sale is not genuine and does not take effect. If the sale is invalidated, that means any chometz he owns is retroactively considered chometz that was owned by a Jew on Pesach, which is not allowed to be purchased.

The kashrus organizations that dealt with the selling of the chometz actually considered this problem and say they had resolved it by using a different text in the sale. The altered text gave this sale a much more powerful legal status, thus ensuring that the seller of the chometz actually had a level of intent to really sell the chometz.

Despite this, Rav Efrati says in the name of Rav Elyashiv that the problem remains and one should not buy chometz from a chiloni Jew.

Some have drawn a parallel between this p’sak and the general hesitation of some to rely on a hetter mechirah during Shemittah, also because no land owner actually wants to sell his land. With the intention to not really sell the land, the sale cannot be valid.

{Yair Alpert-Matzav.com Israel/Life in Israel-Rafi G}

14 COMMENTS

  1. “The sale cannot be valid, because they had no real intention of selling the land by shmittah, and the same is by chometz”

    Doesn’t the same hold true by a frum yid as well. He really has no intention of selling his whole house with chometz

  2. You have no idea how much harm is done by this irresponsible announcement. If a Jew asks a shailah of his rov, it is not the same as a psak for all of klal yisroel. By turning hearsay into regularions, you are machshil the rabim.

  3. TO #1;
    Not really, because the frum yid really wants to get rid of his chametz, so as not to transgress the law. A Not-Yet-Frum person, on the other hand, is just trying to get out of a “problem”.

  4. Please explain in simple terms.

    What is wrong with a Jew simply selling his chametz because he knows to do so and does so?

    If we no longer purchase from him, he could go out of business and then who will take care of this Jew and his family?

    We are supposed to be supportive of Jews. Call yisrael aravim zu lazu.

  5. Some have drawn a parallel between this p’sak and the general hesitation of some to rely on a hetter mechirah during Shemittah, also because no land owner actually wants to sell his land. With the intention to not really sell the land, the sale cannot be valid.
    who wrote this?
    a jew according to halacha may sell him chometz to a goy,where-as a jew may never sell land in e”y to a goy.
    there is no parellel what-so-ever,that is an erronious statement.

  6. Igrs Moshe O.H. 4-95 MATERS IT.
    HE FOLLOWS THE GEMARA in Chulin 4a.
    Further even in a case where there is not complete “”gemiras hadaas”” it does not stop the mechira.

  7. what’s the reason why even though a yid doesn’t want to sell the chometz in his heart the sale is valid(regular case of mchiras chmoetz)?zogt Hagaon Rav Shlomo Zalman Auerbach ztz”l that there is a din/halocha:”devorim shebeleiv einom devorim”-that what you think in your heart doesn’t affect the sale/kinyon. On this basis why should a chiloni be any different?(I’m asking a kashya.Maybe Reb Shlomo Zalman would be cholek on Rav Elyashiv regharding this.I don’t know.)

  8. Rabbi Efrati was a mizruchnik child genius who learned in Yeshivat Kerem Beyavneh and served in the army in their hesder program. He became chareidi in his twenties. He is a first class lamdan and baki. It is not surprising that he is close to Rav Elyashiv. There’s alot of jealousy and so he is often viciously attacked.

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