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.
