Shopping at a Store Where You Don’t Know if the Jewish Owner Sold Their Chametz
If you are unsure if a store that is owned by a Jew sold there chametz before Pesach, are we allowed to shop there after Pesach? Should we wait until we’re sure that all of the chametz that was there on Pesach has been sold?
If they can resolve this doubt by checking if the Jewish owner sold it to a non-Jew then they should check and remove all doubt ( Sdei Chemed Chametz and Matza Siman 8 Letter 31 Maarechet).
If it isn’t possible to resolve this doubt, we get into a disagreement among the authorities in the Mishna Berurah Siman 449 Seif Katan 5. Some say that in the case of a doubt you are allowed to benefit from the chametz, but you are not allowed to eat it. Some say that you are allowed to eat it, but the Mishna Berurah doesn't side with either opinion in this particular Siman. However, in Siman 448 Shaar Hatzion Seif Katan 13, the Mishna Berurah says that only when there is a double doubt can you use that chametz after Pesach.
The conclusion of Shulchan Aruch Harav in Siman 448 Seif 30 is that only when there will be a financial loss or pressing situations we can use this this Chametz
Buying From a Store That Sold its Chametz but Continues to Sells that Chametz Anyway
If we know that a store owner sold the chametz to a non-Jew, but they continues to sell to customers as if it's still theirs, can we shop there after Pesach? Should we wait until we’re sure that all of the chametz that was there on Pesach has been sold?
The Sdei Chemed in Siman 9 says that since they are continuing to sell the Chametz during Pesach, they exposed the insincerity of the sale. Thus, the sale is invalid. Other authorities argue and claim that the sale is still valid, but the store owner is just stealing from the non-Jew. Therefor, whatever the owner stole, they stole, but the rest of the Chametz can still be eaten after Pesach
That is why, for example, buying at the duty free shops at Ben Gurion Airport is allowed based on this Halacha. However, it's better to not to buy from there, especially if the boycott can convince the owner of the store not to sell Chametz on Pesach.
Selling Chametz for a Less Religious Jew
Can one sell chametz on behalf of someone not so affiliated with Judaism who otherwiss would not sell their chametz?
The Sdei Chemetz says that if a person knows someone who will not be able to sell their chametz because that person is busy or for other reasons, that person is allowed to sell the chametz on the other person’s behalf. Since it is a merit to sell the chametz, one is allowed to do so even without that person’s permission.
Selling Actual Chametz Before Pesach
Is selling actual chametz to a non-Jew before Pesach permissible?
First of all, we needs to be clarified what actual chametz is. Anything that is obviously and apparently chametz is actual chametz. For example, a loaf of bread, a bagel, pasta, etc. Anything else which is not obviously chametz is unkmown chametz. For example, soup powder, alchohol made with wheat, or mustard, is unknown chametz.
One should try not to sell actual chametz for several reasons:
Many Achronim understand from the Shulchan Aruch in Siman 448 Seif 1 that the chametz should not be in his house in the first place even if he is making a partition, there is still a concern that he will eat this chametz on Pesach because it is accessible.
The Biur Halacha brings in Sdei Chemed that in the first place you have to specifically detail the chametz products that were sold to a non-Jew.
The original custom of selling chametz was only in homes where there was a large financial loss if the chometz was burned instead of being sold. Most homes would burn it.
That's why it's important to sell only unknown chametz.
Selling Chametz When There is not Much to Sell
Does a person need to sell their chametz if they knows his house is clean, or if they are incollege or yeshiva and do not have a house?
Even when a person thinks they don’t have any chametz, it is still highly recommended to sell their chametz. There could be a mixture of chametz in cans of food or different cosmetic products. By selling those things to a non-jew, they will also sell all the crumbs that you may not have seen. However, people attending college or yeshiva don't need to sell, because even if there are crumbs in their dorm, the non-jew doesn't want to purchase those crumbs because they have no value. It makes the sale look silly.
Selling Chametz After Burning and Nullifying It
How is it possible to sell chametz after we have already burned and nullified?
The Poskim explain that we have the custom of selling chametz after we nullify it, so anything a Jew has in mind to sell to a non-Jew must not be part of the nullification process.
Some explain that all the chametz that is in the Jew’s possession is nullified. Rather, we sell our chametz the same reason why we burn it. We burn the chametz because we are concerned that we didn't nullify it in our heart. Thus, we sell our chametz, so that nothing should be left if we had not wholeheartedly nullified the chametz.
Holding Stock in Companies That Have Chametz Over Pesach
Do you have to sell your interest in companies that have chametz?
If you manager the company, you will need to sell the chametz that the company owns over Pesach. If own shares of a company, you own part of the company, and at the stockholders meetings, you, with all other stockholders make decisions that bind the management of the company. Therefore, you will need to sell your shares as part of the selling your chametz. If you own shares in an investment fund that contains a profolio of companies, and a manager of that investment account buys and sells companies according to the prospectus, you do not have to sell your investment fund since you have no real say at the companies contained in the portfolio for that fund.