A Jew who has chametz in his possession on Pesach, continually transgresses the law, "No chametz must be seen in your possession" (Ex. 13:7) and "No chametz may be found in your home" (Ex. 12:19). Benefit of such chametz is forever forbidden, even if he nullified it before Pesach.¹ rule that this law applies, even if you made the search for chametz and also nullified the chametz, but others are lenient and rule that if you both searched for and nullified the chametz, it is not forbidden for benefit, since you fulfilled all that was required of you. Therefore, in a situation where there is a potential for great losses, this lenient opinion may be relied on. (Mishnah Berurah 448:25; also Biyur Halachah) Therefore, if you own a great deal of chametz that you cannot do away with, you must sell it to a non-Jew before Pesach, while you are still permitted to derive benefit from it. You should not treat the matter of selling chametz as a routine formality. Rather, it should be your firm intention to actually sell the chametz to the non-Jew, in a firm and binding sale. You should not sell it for more than it is worth. After Pesach you demand from the non-Jew that he pay his debt, and when he replies that he has no money, you ask of him to resell the chametz to you (together with the room) for so-and-so-much. You should not make a mockery out of this matter, rather, it should be handled in a business-like manner.

footnotes: ¹ Many later Poskim

The chametz sold to the non-Jew, may not remain in the house of the Jew. If the non-Jew takes the chametz into his own house, so much the better. But if he cannot take it to his home, then you must rent to him the room in which the chametz is (stored). You must mention in the bill of sale the name of the buyer and the amount for which the room was rented, and that by means of the rental of the room, you are transferring to him the ownership of the chametz that is contained in it.² rule that ownership of chametz in the room can also be transferred to the non-Jew, by means of the rental or sale of the room. This particular form of kinyan (ownership transferred), called kinyan agav, is considered, by many Poskim, the best form of kinyan, and it does not require that the articles, which are sold, actually be in the room. (Ibid. 448:17,19) You should list all the chametz, stating the price of each item,³ 200:7, it is not necessary to list or state the price of each item. It is sufficient if the buyer agrees to rely on the evaluation of three people or even one person. This is the custom that is prevalent in our form of selling chametz. but you need not mention their weights and measures. You may simply write how much you charge per measure. All that is written in the contract should be discussed orally with the buyer. You should take a deposit from him, and the balance of the purchase price should be considered as a loan. All of the above should be written in the contract. You must also deliver to the buyer the key to the room.⁴. (Ibid. 448:12) If any chametz is in a vessel that requires tevilah (ritual immersion) when bought from a non-Jew, you should not sell it with the vessel, because (if you do sell it), then, after Pesach, when you buy it back from the non-Jew, you will have to immerse it again.

footnotes: ² Most later Poskim ³ According to Choshen Mishpat ⁴ It is also acceptable, if you tell him that you will make the key available to him, whenever he desires to enter to take his chametz

If, after you sold the chametz, you are afraid that the buyer may damage it, you are permitted to put an additional lock on the door to protect it;⁵, the chametz is forbidden after Pesach, as stated in Paragraph 1. (See Mishnah Berurah 448:12; Biyur Halachah 448:3, Shaar Hatzion 28) or, if the buyer wants to deposit the key with the Jew, he may do so. But it is forbidden for a Jew to put a seal on the chametz.

footnotes: ⁵ But if you lock the room, at the time of sale, in order to prevent the non-Jew from taking the chametz

If you are unable to rent the whole room because you need part of it for your own use, you should make a partition⁶ high, and it should not be made with a sheet that moves to and fro. (Mishnah Berurah 440:12) in front of the place where the chametz is kept, and rent to the non-Jew the space (where the chametz is kept) up to the partition, and write this in the contract. You should also state that the buyer has the right of access to enter this place at will. You should also stipulate, that if this non-Jew, the buyer, wishes to sell the chametz to another non-Jew during Pesach, or to a Jew, the day after Pesach, all of these have the right to access there. If a Jew rents or sells to a non-Jew a room that is accessible only through the premises of the seller, it must be written in the contract that the non-Jew, the buyer, and any other buyers that he may bring there, should have the right to enter there.

footnotes: ⁶ The partition should be at least ten tefachim

If the house you live in was rented from another Jew, you cannot rent it to the non-Jew as a residence without the permission of the landlord. Therefore, you should expressly tell the non-Jew that you are not renting it to him as a residence, but only to keep his vessels and belongings there. You should not rent it with the stipulation that you are doing so to keep the chametz there, but generally to keep his vessels and belongings as he sees fit. Nevertheless, if the landlord is in town, you should obtain his permission to rent it. If you go on a trip before Pesach, and your wife is going to sell the chametz, you should give her express permission to rent the room.

It is forbidden to stipulate with the non-Jew that after Pesach, he must sell the chametz back to you, or that you, are obligated to buy it back from him, but you are permitted to assure him that you will buy it back from him, and give him some profit.

It is forbidden to sell the chametz to an apostate Jewish man or woman, or to the son of an apostate woman, even if she gave birth to him from a non-Jew after she became an apostate; for regarding this matter, they are Jews in the eyes of halachah, and the chametz will be considered as chametz that was in the possession of a Jew during Pesach, the benefit of which is forbidden forever.

If you own chametz in another place, or en route in wagons or on ships, you can also sell it [to a non-Jew] by means of selling him a place in your town.⁷ Nevertheless, you should also renounce your ownership to it before a Rabbinic Court or before three laymen. If the chametz is delivered to you on Pesach, the non-Jewish buyer should pay the cost of the wagon and the other expenses. If chametz is delivered to you, which was shipped by a non-Jew, and you had not ordered it, and knew nothing about it, the non-Jew should also receive it and pay whatever is due to the one who brought it. You should have nothing at all to do with it; on the contrary, you should renounce ownership to it before a Rabbinical Court or before three laymen.

footnotes: ⁷ See notes 2,3.

A person owning a mill, whose customers, grind their grain, and pay their fee in grain, which is chametz, must either sell or lease the mill, to a non-Jew, before Pesach.

Regarding the sale of cattle to a non-Jew, who will feed them chametz, there are differing opinions among the Sages of blessed memory. If possible, it is best to avoid selling them, but if it is impossible, it should be done with advice of a qualified Posek.

You are permitted to lend a loaf of bread to another Jew before Pesach, with the understanding that he should return (a loaf of bread) after Pesach. In some communities, it is the custom to forbid such loans.

If the chametz of a Jew is in the possession of a non-Jew, or conversely, the chametz of a non-Jew is in the possession of a Jew, you should consult (a qualified Posek) how to act in this matter, for there are many differing opinions regarding it.

You should be careful, not to benefit after Pesach of the chametz of a Jew, who is suspected of not having sold it properly.

אָנֹכִי הֶחָתוּם מַטָּה, מָכַרְתִּי לְהָעָרֵל (פְּלוֹנִי) אֶת כָּל סְפִּירְט שֶׁיֵּשׁ לִי בַּמַּרְתֵּף (קעלְלער) בַּדִּירָה שֶׁאֲנִי דָּר בָּהּ. וְהַמַּרְתֵּף הוּא בְּתוֹךְ הֶחָצֵר מִצַּד צָפוֹן הַשֵּׁנִי מִצַּד מִזְרָח. וְכָל סְפִירְט שֶׁיֵּשׁ לִי שָׁם, הֵן בַּחֲבִיתִין בֵּינוֹנִיּוֹת הֵן בַּחֲבִיתִין גְּדוֹלוֹת (קיפעס) הַכֹּל מָכַרְתִּי לְהַנִּזְכָּר לְעֵיל עִם הַכֵּלִים בְּעַד מָאַתַיִם וְעֶשְׂרִים זְהוּבִים (אעס"וו). וְגַם אַרַאק שֶׁיֵּשׁ לִי שָׁם בִּצְלוֹחִית גָּדוֹלָה, לְעֵרֶךְ שֶׁבַע מִדּוֹת מָכַרְתִּי לוֹ בְּעַד חֲמִשָּׁה זְהוּבִים (אעס"וו) בְּלִי הַכֵּלִים. וְגַם [יֵין פֵּרוֹת] (שְׁלִיוָואוִויץ) (שֶׁאֵינוֹ נָקִי) שֶׁיֵּשׁ לִי שָׁם בֶּחָבִית קְטַנָה (אנטיל) מָכַרְתִּי לוֹ בְּעַד שְׁנֵים עָשָׂר זְהוּבִים (אעס"וו) וַחֲמִשִּׁים [צ"ל] (אגורות) עִם הַכְּלִי. וְגַם מָכַרְתִּי לוֹ שֵׁשׁ חָבִיּוֹת רֵיקָנוֹת שֶׁהָיָה בָּהֶם סְפִירְט. וּשְׁתֵּי חָבִיּוֹת גְּדוֹלוֹת (קיפעס) בְּחֲשּׁוּקֵי בַּרְזֶל, גַּם כֵּן רֵיקָנוֹת מִסְפִירְט שֶׁיֵּשׁ לִי שָׁם, כֻּלָּן מָכַרְתִּי לוֹ בְּעַד שְׁמֹנָה זְהוּבִים וַחֲמִשִּׁים [צַ"ל] (אגורות) (אעס"וו). גַּם חֲמִשָּׁה שַׂקִּים קֶמַח חִטִּים שֶׁיֵּשׁ לִי בְּתוֹךְ הַחֶדֶר הַנִּקְרָא שְׁפייז (מזוה) [מַחְסָן] הַשַּׁיָּךְ לַדִּירָה שֶׁאֲנִי דָּר בָּהּ, מָכַרְתִּי לְהַנִּזְכָּר לְעֵיל עִם הַשַּׂקִּים בְּעַד שְׁלֹשִׁים וְתִשְׁעָה זְהוּבִים (אעס"וו). וְגַם כָּל הַכֵּלִים מֵחָמֵץ שֶׁיֵּשׁ לִי שָׁם, דְּהַיְנוּ עֲרֵבוֹת וְתֵבוֹת מִקֶּמַח, מָכַרְתִּי לוֹ בְּעַד אַרְבָּעָה זְהוּבִים וַחֲמִשִּׁים [צַ"ל] (אגורות) (אעס"וו). גַּם גְּרִיסֵי שְׂעוֹרִים (גערשטל) בְּשַׂק קָטָן שֶׁיֵּשׁ לִי שָׁם, מָכַרְתִּי לוֹ בְּעַד זָהוּב אֶחָד וַחֲמִשִּׁים [צַ"ל] (אגורות) (אעס"וו) עִם הַשַּׂק. וְקִבַּלְתִּי מֵאִתּוֹ עֵרָבוֹן, (דְּמֵי קְדִימָה) (דראנגאבע) עֲשָׂרָה זְהוּבִים (אעס"וו) וְהַמּוֹתָר זָקַפְתִּי עָלָיו בְּמִלְוֶה. וּזְמַן הַפֵּרָעוֹן לֹא יְאֻחַר מִן עֲשָׂרָה יָמִים מִיּוֹם הָרָשׁוּם דִּלְמַטָּה. וְהִשְׂכַּרְתִּי לְהַקּוֹנֶה הַנִּזְכָּר לְעֵיל אֶת הַמַּרְתֵּף הַנִזְכָּר לְעֵיל וְאֶת הַחֶדֶר הַנִּזְכָּר לְעֵיל מֵעַכְשָׁו עַד עֲשָׂרָה יָמִים מִיּוֹם הָרָשׁוּם דִּלְמַטָּה בְּעַד אַרְבָּעָה זְהוּבִים (אעס"וו), וְקִבַּלְתִּי עֵרָבוֹן (דְמֵי קְדִימָה) שְׁלשָׁה זְהוּבִים (אעס"וו), וְהַמּוֹתָר זָקַפְתִּי עָלָיו בְּמִלְוֶה, שֶׁיְשַׁלֵּם לִי, לֹא יְאֻחַר מֵעֲשָׂרָה יָמִים מִיּוֹם דִּלְמַטָּה, וְאַגַּב קַרְקַע הַמֻּשְׂכָּר לוֹ, דְּהַיְנוּ הַמַּרְתֵּף וְהַחֶדֶר הַנִּזְכָּרִים לְעֵיל, הִקְנֵיתִי לוֹ כָּל הַמִּטַּלְטְלִין הַנִּזְכָּרִים לְעֵיל. וַאֲנִי מוֹדֶה בְּהוֹדָאָה גְּמוּרָה, שֶׁהִשְׂכַּרְתִּי לוֹ הַמַּרְתֵּף וְהַחֶדֶר הַנִּזְכָּרִים לְעֵיל, וְהִקְנֵיתִי לוֹ כָּל הַמִּטַּלְטְלִין הַנִּזְכָּרִים לְעֵיל בְּכָל מִינֵי קִנְיָנִים הַמּוֹעִילִים, בְּאֵיזֶה מֵהֶם שֶׁיִּהְיֶה הַקִּנְיָן חָל עַל פִּי דִּין תּוֹרָתֵנוּ הַקְּדוֹשָׁה, וְעַל פִּי נִמוּסֵי הַמְּדִינָה בְּלִי שׁוּם טַעֲנָה וּמַעֲנָה. וּרְשׁוּת בְּיָדוֹ לַעֲשׂוֹת בְּכָל הַנִּזְכַּר לְעֵיל כְּכָל חֶפְצוֹ וּרְצוֹנוֹ לִמְכּוֹר וְלִתֵּן בְּמַתָּנָה, וּלְהַשְׂכִּיר בְּלִי שׁוּם מוֹחֶה. וְכֵן יֵשׁ רְשׁוּת בְּיָדוֹ לִקַּח מִיָּד כָּל הַנִּזְכָּר לְעֵיל לְבֵיתוֹ. וְאַף אִם יַשְׁאִיר אוֹתָם כּאֲשֶׁר הֵמָּה שָׁמָּה, מֵעַתָּה הַכֹּל הוּא בְּאַחְרָיוּתוֹ שֶׁל הַקּוֹנֶה, וְאֵין עָלַי שׁוּם אַחֲרָיוּת, וַאֲפִלּוּ אַחֲרָיוּת אֹנֶס. וְנָתַתִּי לוֹ דְּרִיסַת הָרֶגֶל דֶּרֶךְ חֲצֵרִי וְדֶרֶךְ בֵּיתִי לֵילֵךְ לַמַּרְתֵּף וְלַחֶדֶר הַנִּזְכִָּרִים לְעֵיל הַמֻּשְׂכָּרִים לוֹ. וְכֵן אִם יִרְצֶה בְּתוֹךְ מֶשֶׁךְ יְמֵי הַשְּׂכִירוּת לִמְכּוֹר מֵהַמִּטַּלְטְלִין לְאִישׁ אַחֵר, לְכָל הַבָּאִים מִדַּעְתּוֹ, לְכֻלָּם יֵשׁ לָהֶם דְּרִיסַת הָרֶגֶל. גַּם מָסַרְתִּי לוֹ אֶת הַמַּפְתְּחוֹת שֶׁל הַמַּרְתֵּף וְשֶׁל הַחֶדֶר הַנִּזְכָּרִים לְעֵיל. [כָּל זֶה] נַעֲשָׂה בְּכָל אֹפֶן הַיּוֹתֵר מוֹעִיל עַל פִּי דִין תּוֹרָתֵנוּ הַקְּדוֹשָׁה, וְעַל פִּי נִמּוּסֵי הַקִּירָ"ה וְהַמְּדִינָה. אונגוואר י"ד נִיסָן תרל"ד ראובן בן רבי שמעון איזראעלאוויטש

Form of Contract for the Sale of Chametz I, the undersigned, have sold hereby to the non-Jew (so-and-so) all the whiskey that I have in the cellar of my residence. The cellar is on the north side of the courtyard, another cellar is situated on the east side. All the whiskey that I have there, whether in medium-size barrels, or in large ones, I have sold to the above-mentioned party, together with the vessels for one hundred and twenty dollars. Also the arak-brandy that I have there, in a big bottle, about seven measures in size, I sold to him for five dollars, without the bottle. Also, the slivovitz, that I have there in a small barrel, I sold him for twelve dollars and fifty cents, together with the vessel. I also sold him six empty barrels, that once contained whiskey, and two large barrels with iron hoops, that once contained whiskey. I sold all of these for eight dollars and fifty cents. Also, five bags of wheat flour, that I have in a room called storage room, which is part of my residence, I sold to the above-mentioned party, together with the bags, for thirty-nine dollars, as well as all chametz vessels that I have there, such as kneading troughs and flour boxes, which I sold to him for four dollars and fifty cents. Also, barley, in a small bag that I have there, I sold to him for one dollar and fifty cents, together with the bag. I received a deposit from him of ten dollars; the balance I charge him as a loan. The time for payment to be no later than ten days from the date mentioned below. I rented to the said buyer, the above-mentioned cellar and the above-mentioned room, from now until the end of ten days, from the day mentioned below, for the amount of four dollars. I received a deposit of three dollars. The balance I charged as a loan, to be paid to me, no later than ten days from the date mentioned below. By means of the real estate rented to him, that is, the cellar and the room mentioned above, I conferred ownership to him of all the goods mentioned above. I hereby declare, truthfully, that I leased to him the cellar and the room mentioned above, and I conferred ownership to him of all goods mentioned above, by any and all means of acquisition that may be effective, whichever it may be; that the acquisition be binding, according to the laws of our holy Torah, and according to the civil law, without any claim or counterclaim. He has the right to do with all the above-mentioned, as he sees fit, to sell it or to give it as a gift, or to rent it, without any interference. He also has the right to move all the above-mentioned into his house; and even if he leaves them where they are at present, he assumes the responsibility for everything as of now, and I assume no responsibility whatsoever, not even the responsibility for accidental loss. I have given the buyer the right of access, to go through my courtryard and my house, to the above-mentioned cellar and room, that are leased to him. Also, if he wishes, during the term of the lease, to sell some of the goods to someone else, to all those who come with his consent, likewise have the right of access. I also surrendered to him the keys to the above-mentioned cellar and room. This was executed in the most expedient manner, according to the law of our holy Torah, and in accordance to the law of the land. Ungvar 14th of Nisan 5634/1874 Reuvein ben Reb Shimon Israelovitz.