DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 786 KB)
The Sale of Hametz: The Need for a Formal “Kinyan,” and the Status of Wine Sold to a Gentile

When people come to the Rabbi before Pesah to appoint him as their agent to sell their Hametz to a gentile, they often conduct an official "Kinyan," a symbolic act to formalize the agreement. After the individual fills out the form and signs his name, he usually either shakes the Rabbi’s hand or takes hold of a handkerchief or some other object, as a formal act whereby the Rabbi’s appointment becomes official.

However, Hacham Ben Sion Abba Shaul (Israel, 1923-1998), in his Or Le’sion (vol. 3, 9:2; listen to audio recording for precise citation), rules that this formal act of "Kinyan" is not necessary. It suffices for the individual to express his desire to appoint the Rabbi as his agent to sell the Hametz, even by telephone, and no formal act is required.

An interesting question arises in a case of wine which is not certified Kosher for Pesah and one therefore sells to a gentile along with his Hametz. Once the wine enters the legal possession of the gentile, it should seemingly come under the prohibition of "Stam Yenam" – wine owned by a gentile. It is forbidden to partake of a gentile’s wine, even after purchasing it from him. Must a Jew therefore discard the wine sold to a gentile along with his Hametz before Pesah, as it had come under the ownership of a gentile during Pesah? At first glance, it would seem that even though the wine is permissible as far as the laws of Hametz and Pesah are concerned, it is forbidden because it has been owned by a gentile.

Hacham Ben Sion rules (listen to audio recording for precise citation) that the wine does not become forbidden in this case. The Sages forbade "Stam Yenam" because the gentile had likely handled the wine in his possession. In the case of Mechirat Hametz (the sale of Hametz), however, the wine remains in the Jew’s home and it is highly unlikely that the gentile who purchased the Hametz ever saw it or handled it at any point. Therefore, since we have no reason to suspect that the gentile may have handled the wine, it remains permissible despite having been owned by a gentile during Pesah.

Summary: Some have the custom when appointing the Rabbi to sell the Hametz to perform a formal act of "Kinyan" to formalize the appointment, though strictly speaking this is not necessary. Wine which one sold to a gentile before Pesah along with his Hametz is permissible once it is repurchased from the gentile after Pesah.

 


Recent Daily Halachot...
Taking Fertility or Birth Control Pills on Shabbat
May a Doctor Receive Payment for Medical Services Provided on Shabbat?
Violating Shabbat for a Woman and Newborn After Childbirth, and for Fetal Distress During Pregnancy
Violating Shabbat to Care for a Woman After Childbirth
Violating Shabbat For the Sake of a Woman in Labor
Resuscitating an Unconscious Patient on Shabbat
Using Suppositories or an Enema on Shabbat
Taking A Blood Test on Shabbat
Exercising on Shabbat
The Use of a Baby Monitor on Shabbat
Food Cooked by a Gentile on Shabbat for an Ill Patient
Turning Off a Light for an Ill Patient on Shabbat
Desecrating Shabbat to Help a Frightened Child
Violating Shabbat to Treat a Fever
Desecrating Shabbat for a Tetanus Shot or After Ingesting Something Sharp or Toxic
Page of 239
3585 Halachot found