Dei'ah veDibur - Information & Insight

A Window into the Chareidi World

10 Nissan 5767 - March 29, 2007 | Mordecai Plaut, director Published Weekly










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Shema Yisrael Torah Network
Shema Yisrael Torah Network











Special Shtar Mechiras Chometz for Non-Observant Owners

By Betzalel Kahn

Based on instructions from Maran HaRav Eliashiv shlita, when owners of businesses, factories, stores and food services who do not keep Torah and mitzvas sell their chometz, the shtar mechiras chometz must be written in such a way that it is legally binding and includes severe sanctions against anyone who tries to dismiss the shtar as a document used merely for religious purposes.

In past years, when it was discovered that chometz had been sold by non-observant Jews who signed contracts lacking such provisos, HaRav Eliashiv held that such chometz may well be prohibited as chometz she'ovar olov haPesach.

Shearis Yisroel has drawn up shtaros that conform to HaRav Eliashiv's requirements. To obtain a copy by fax contact the secretary of the kashrus department at 050- 4155550.

Shearis Yisroel says that following a report in the Hebrew Yated Ne'eman last week they have received dozens of requests from rabbonim from around the country representing every stream and from local religious councils and public institutions. Attached to each shtar is an instruction sheet which reads as follows:

Instructions regarding shtar mechiras chometz for business owners:

A. In practice, Shearis Yisroel recommends using this type of document in every case of the sale of chometz by owners of factories, stores, event halls, food supply services, etc., even if the owners do keep Torah and mitzvas.

B. If the owners of the business do not keep Torah and mitzvas extra precautions must be taken to ensure that the contract is binding, and the signer of the contract ("Shtar Shel Baal Asakim") must be an authorized signatory from the company (i.e. his signature must legally obligate the company).

C. The "Shtar Leshaliach Shel Baal Asakim" should only be used under extenuating circumstances. In general the owners themselves should sign if possible.

D. If a representative of the owner signs, he must produce a document proving that he is legally authorized to serve as his agent (a qualified attorney may need to be consulted to verify the legality of the document).

See also the article by HaRav Efrati in the Opinion and Comment section.


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