The שיעור is going to be for the תלמידים of ישיבה גדולה of Miami, but it's also for anybody else who wants to join. It's going to be about ענין of מכירת חמץ. What we're going to discuss is the ענין of some some of the details regarding מכירת חמץ, what it is and how we do, but not all the details, obviously. A lot of things we will not mention. We're just going to go through many general ideas. First, we're going to talk about the סדר השתלשלות הדברים, how it all started and where does this all come from. Because in the גמרא we don't find that. In the גמרא we find just two things: בדיקה and ביטול, as I'll explain in a moment, and מכירת חמץ became, as I'll explain later further on, it became many, many generations later. We know that חמץ is the only איסור, besides עבודה זרה, that אסור בבל יראה ובל ימצא, which means you can't own חמץ on פסח. The way to not have חמץ on פסח, the תורה gave us two options. The תורה, this is מדאורייתא: you could or do ביעור, destroy it, which means you gotta do בדיקה, look for it, find it, and destroy it so you have no חמץ on פסח. Or you could do ביטול, you could מבטל it, which is a מחלוקת רש״י and תוספות, how does ביטול work? According to רש״י, ביטול works because that's תשביתו, that's a mental תשביתו, mental destruction. According to תוספות, it's הפקר, you מפקיר it. But that's the way to do it. So, if a person is מבטל חמץ, which nowadays to say כל חמירא, then the חמץ is not yours on פסח. And the תורה says that you're only עובר on חמץ, בל יראה ובל ימצא if it's yours. But you מבטל it, it's not yours or it's not doesn't exist mentally, doesn't it's not there, whichever way, בפועל, this is one of the ways to get rid of בל יראה ובל ימצא. But the רבנן said that it's not enough, you gotta do both, not enough to do just one. מדאורייתא, the גמרא uses the לשון מדאורייתא, בביטול בעלמא סגי. You could just be יוצא with ביטול and that's it. You could have חמץ all around, but you מבטל it, you're not עובר בל יראה ובל ימצא. And the ענין of בדיקה is only מדרבנן, רבנן הוצרכו לבדיקה. The רבנן said that you have to look for it, find it, and destroy it, but מדאורייתא, you could do either one. But the רבנן said no, you must be מבטל it, you also must destroy it. And the גמרא and the מפרשים, the פוסקים go into the reason why the חכמים said both things. But that's the way, the only way to get ביטול, get rid of the חמץ. What happens if you have a lot of חמץ? A lot of חמץ before פסח. So the עצה was to sell it to a גוי. Like the גמרא says in the משנה, משנה says in the second פרק, כל שעה שמותר לאכול, as long as you're allowed to eat it, מוכר לנכרי, you're allowed to sell it to a גוי. And the גמרא says that what does that mean? As long as you're allowed to have הנאה from it, you could still sell it to a גוי. And if you sell it to a גוי, fine, you can sell all your חמץ to a גוי, so you don't lose any money. Actually, the גמרא in פסחים דף כ״א עמוד א׳, the גמרא brings a story that there was a person who had חמץ that belonged to somebody else, and חמץ פסח was coming, the guy didn't come to pick it up. So when it came to the fifth hour, so I think it was רבי said go out and sell it, sell it to in the street, sell it to the גוים and then you'll have the money and you'll save the person the loss of the חמץ, because otherwise he'll have to destroy it. But this is really when you sell it, you sell it completely and that's they sold, that's no שאלה. But we also find that there is a concept of selling the חמץ even though you have in mind to to get it back after פסח. So base basically that תוספתא, תוספתא in פסחים פרק ב׳ הלכה ו׳, which is also brought down in the רא״ש and in טור שולחן ערוך סימן תמ״ח סעיף ג׳, אלטער רבי שולחן ערוך also תמ״ח סעיף ו׳. They bring bring, this not exactly the לשון, but the way it's written in תוספתא is like this: ישראל וגוי שהיו באין בספינה, there was a איד and a גוי who were going on a ship and פסח is coming, and the ships trips used to take weeks, months. And if פסח is coming, you got to get rid of all your חמץ. So what are you going to do after פסח? You're going to need חמץ again, what are you going to do? So the תוספתא says that מוכרו לנכרי או נותנו לו במתנה, you could sell it to a גוי or give it away to a גוי as a present, and then after פסח you'll buy it back from him. And he says as long as you really give it to him, it's not just something that you're doing for a game, but you really have to give it to him as a real מתנה, then you could give it to him לכתחילה with the intentions of buying back. This seems to be only like a special unusual case, if you're going on a ship, not a סדר הרגיל. But we find also another דין there, it says like this: רשאי ישראל לומר לנכרי, a איד is allowed to say to a גוי, when you're buying your חמץ, you want to buy חמץ worth a hundred dollars, a מנה, buy for 200, and I'm telling you, after פסח, I'm going to buy it from you. And the רבינו מנוח on the רמב״ם explains that the case is that a person was going on a trip ערב פסח, and he wanted to take food that should be for after פסח, but he can't have חמץ on פסח. So, this is what you do. You tell the גוי, \"You buy a lot of חמץ, more than you need, and I promise you after\" Pesach, I'll buy it from you. So it's the same idea that you're allowed to do that after Pesach. And the חתם סופר says there is no problem, because you're really selling it, and you could tell him לכתחילה that you are selling him the חמץ now, but you're promising him that you're going to take it back after Pesach. Now, the רא״ש, when he quotes the תוספתא, he says, maybe שמא I maybe I'll buy back after Pesach, but the ב״ח brings the אגודה, which doesn't גרס the word שמא, and he's saying clearly, \"I'm telling you I'm going to buy back the חמץ after Pesach.\" Now, even though it seems like this is a also a case when you are going in a ship, that it's basically that it's a שעת הדחק, you have no choice, but it's not it's not that. The reason they mention it because that's the simple case that it's possible for this to happen, but not that this is a דיוק and only in such a case. And therefore, the טור in סימן תמ״ח brings the דין without the הקדמה of the ship. And the אלטר רבי does it the same thing there, which what you mentioned before, in in סימן תמ״ח, he brings also the same דין without mentioning the idea of a ship. Now, the question is that how is he קונה the חמץ? How is he קונה the חמץ? So, one of the things is that that we're going to explain in a moment how we're קונה the חמץ, but באמת the ריטב״א says, ובלבד שלא יערים, the ריטב״א says it's only if you don't make a הערמה here, and the רבינו ירוחם says that, because that's what they גרס in the תוספתא, the תוספתא's meaning is that it's only if you do it once, to do it every year, a סדר like that, you're not allowed to. אדרבה, he says, you would קנס a person for doing that. But the בית יוסף asks, and the בית יוסף holds that you could do it every year, and he says probably what they meant is that you can't sell it על תנאי, you can't sell it on condition that I'll buy it back, that you cannot do, but to sell it as a מכירה גמורה and then you tell him I'm going to buy it back, that's okay. And actually, the תרומת הדשן, he made it he made this מתקן this, and in שולחן ערוך אורח חיים סימן in תמ״ח סעיף ג it says you're allowed to do it, and that's what the אלטר רבי also פסק'נט. And actually that's what people did for many years. From the years of, you say, from ר״ש till תק״ן, this is what they would do. If a person had a lot of חמץ, he would sell it to a גוי, or give it to a גוי as a present, and then after Pesach would buy it back, so there was no loss, he had the חמץ. So this started the idea of selling the חמץ with the idea of buying it back. But there's another problem here. The שולחן ערוך, it says that you have to take the חמץ out of your רשות. If you're selling him the חמץ, you have to take it out of the רשות, that's what the תרומת הדשן writes. And what's the reason בפשטות? Because if you're going to keep the חמץ of the גוי in your house, you get into a lot of שאלות. There are שאלות if you have a גוי's חמץ in your house, if it's called with אחריות or without אחריות, and if you're מקבל אחריות, you're עובר בל יראה ובל ימצא. ממילא the עצה is take it out and it's not in your רשות, so you have no שאלות, and you're going to get it back, you're going to buy it back. And the truth is if the גוי doesn't want to sell it back, it's too bad, you can't do anything about it, because you really sold it to him. But what would be if a person has a lot of חמץ? So you can't take it out of your house and give it to him and then you'll buy it back and bring it back. That all started when the אידן started going into the brewery business of making beer, making משקה, which is all חמץ, and they had storages full of that. So what are they going to do when comes Pesach? They're going to sell it to the גוי, let's say, but the גוי has to take it out, we said, from from your רשות. How can he take it out, all this from your רשות? So the ב״ח was the one that dealt with it, and he said, \"You know what? When you sell him the משקה, which is the חמץ, sell him the מקום also that the place becomes his. ממילא it's actually laying in his רשות.\" And actually, the ט״ז and the מגן אברהם write, the ט״ז writes that באמת you don't even have to sell it to him, you could ייחד לו בית, so if you make especially, you give him away, you tell him, \"This and this corner is yours, this and this room is yours for yours,\" that's called the רשות of the גוי and you're allowed to, that's what the גמרא says in פסחים דף ו׳ עמוד א׳. And when it says in other פוסקים that you should take it out, it means you can't leave it in your house, but if you give him a corner, then you're allowed to do it, that's what they learn, then you're allowed to do it. Okay. But the problem is that you have to have the גוי pay for it. Where are you going to find a גוי that's going to pay for all the חמץ, knowing that he's going to have to sell it back? Not he's going to have to, but he knows that's what's going to happen. So where do you have a גוי that's going to pay for all this חמץ? Because in order to sell it you have to get all the money from him. So how is it going to work? So that's what he made that the גוי only gives a little bit, and that's only a deposit. So let's say you sell it to him for a thousand dollars, he gives you a deposit of twenty dollars, and the rest, we'll see, he owes you. So really a גוי would do that, he would just give you a deposit. Now, if he gives you a deposit, And that's how he's קונה the חמץ. But how is he קונה the חמץ? Which קנין is he making to be קונה the חמץ? Now normally, you could be קונה במשיכה, you'd be קונה בהגבהה, there are certain things you could do, but here the חמץ is is big, and how is he קונה the חמץ? So he's קונה with the money that he's paying you. But we know that מטלטלין, you cannot be קונה with כסף. But that's not so פשוט לגבי a גוי. There's a מחלוקת whether between רש״י and רבינו תם, whether a גוי is קונה מטלטלין with כסף or not. A ייד is not קונה מטלטלין with כסף. מחלוקת רבי יוחנן and and ריש לקיש if it's מדאורייתא or מדרבנן, but למעשה, a גוי a ייד cannot be קונה מטלטלין with כסף, only קרקע you're קונה with כסף, שטר וחזקה. But a ייד is not קונה כסף מטלטלין with כסף, but a גוי, there is a סברא that the גוי is קונה. Now, even if you hold that the גוי is קונה with משיכה, some hold that only with משיכה a גוי is קונה, when he pulls it, not with כסף, but if you can't do משיכה, let's say it's a case you can't, like we're talking about now, so some of the אחרונים write that everyone agrees that כסף helps. But for sure there is a מאן דאמר that says that if משיכה is קונה by a ייד מן התורה, whatever it is, a גוי is קונה with כסף. Another thing, there's a a סברא, and it's accepted, that if you make a condition with the גוי לכתחילה that you're מקנה to him the מטלטלין because he should be קונה it with כסף, many many hold that this קנין כסף helps by the גוי also. Now, the way the תרומת הדשן writes that you sell it to him, he says the לשון that you sell it to him בדבר מועט. You sell it for a little bit. From the תרומת הדשן it's משמע that you don't even have to give a deposit. He gives you a little bit of money and with that he is קונה. But many other פוסקים hold that this is looks like a הערמה, it looks like it's cheap, looks like you're just making it joke-like. So therefore, you have to pay the whole full money. But how do you pay the whole money? He's not going to give you the whole money, so he gives you a deposit, and on the rest, he says, \"I owe you the money. The rest, I owe you. Later on, when I get this I get the סחורה of this, I will pay you.\" That's how, that's what they used to do. Now, in addition to that, to selling to the גוי with the כסף that he pays the money for the חמץ and he gives you a deposit for the rest, we also make a document with the גוי. What's the purpose of that document? Because it looks like a הערמה. סוף כל סוף, it looks like he's paying a drop, a little bit, and then he doesn't give you the rest of the money, so the whole thing looks like it's a joke. So even though he's קונה them in הלכה, but in order it shouldn't look like a הערמה, look like a joke, so therefore they said write a שטר also. Now we know שטר is not קונה מטלטלין, so the שטר doesn't work for the קנין, but nevertheless, there are a few reasons why they made it that it should be also with a שטר. Three reasons. Number one, it shouldn't look like a joke, that's number one. And number two, as we're going to explain soon, or as we mentioned before, that you're also giving him the place, giving him the place where the חמץ is laying, or renting him the place as we do now that where the חמץ is laying, and that's one of the ways that he's קונה the חמץ also, that since you're renting him or giving him the קרקע, the land, the place, there's a דין of קנין אגב, that a person wants to be קונה מטלטלין together with קרקע, make a קנין on the קרקע, automatically the מטלטלין becomes his. So here also, if you're renting him or selling him the קרקע, the מקום on which the חמץ is laying, אגב זה is קונה that. And for the קרקע, a שטר helps, so that's one of the reasons also why we give a שטר, because you want that the שטר should work for the קרקע כדי in order to help the קנין of the So we give the קרקע, selling him or renting him the קרקע for two reasons: number one, because we want that it should not be in our רשות, the חמץ should be in his רשות, and also we use this as another קנין to be קונה the חמץ, that he's קונה the חמץ אגב the קרקע, that's the דין that you're קונה it. So that's the reason. And the אלטר רבי טאקע writes that you in the שולחן ערוך, he writes in תמ״ח סעיף י״ב, you should write a שטר מכירה, in other words, you sell it, and he says שאין הנכרי קונה קרקע לא בכסף בלבד ולא בחזקה אלא בשטר עם הכסף. The אלטר רבי says a גוי is קונה the even קרקע he's קונה with a שטר and כסף. So we write the שטר to help the קרקע, and ממילא we're קונה the מטלטלין אגב קרקע. So we write the שטר, like we said, for these two reasons: number one, it shouldn't look חוכא וטלולא, it makes it more official, so ממילא we know it's a real קנין; also, we said because this is a way to be קונה the קרקע; and the third thing, because legally a שטר makes a קנין, and there is such a thing as a קנין that's legally. Not, there are certain קנינים which we know, we find in the פוסקים that it's not a קנין of the תורה, but nevertheless, if people make up that by doing this there's a קנין, that makes a קנין. למשל, there is a קנין of a handshake called a תקיעת כף. Where do we find in the תורה a handshake? A תקיעת כף as a קנין? But since that's the מנהג הסוחרים, it becomes a קנין. Called סיטומתא, there's a קנין in they used to make another thing they used to have, if they made a סימן on a barrel, that was a קנין. And we find nowadays also there are certain קנינים that are made, they say I think in the diamond district that if you make a deal and you give a handshake, I think, and you say ברכה והצלחה or something like that, that's a קנין and you are obligated to do to keep it. Whatever, I don't know exactly, but there are קנינים which we know על פי הלכה that are קנינים that the עולם made. So since על פי legally the שטר is a קנין, ממילא you give a שטר. That's for another the reason to give a שטר. And this is how they used to do for many years. Many years the had a lot of חמץ, so what they used to do, they used to give the שטר, they used to get the כסף, they used to everything that we said before. Every individual did it. Every individual had a שטר and had a deal with a גוי and did all this things with a גוי. And the son of the נודע ביהודה in the ספר שיבת ציון writes this thing that you sell the חמץ to a גוי and you sell him by him paying for it. How is he paying for it? He's giving you a deposit of whatever amount he gives and the rest he owes you, that's the לשון you write. השאר זקף עליו במלוה, he owes the rest. And that's סיי for the חמץ and סיי for the קרקע. He gives you a down payment for the קרקע also, for the place that he's renting, and everything seems to be good. The חמץ is not in the רשות of a ייד because he rented or bought bought the קרקע, the the the מטלטלין, the חמץ he's קונה it through כסף that he's giving, as we said, and also through the אגב קרקע, ממילא everything is fine. So then that's So we have this. But there are others that hold that there is really this is not such good קנינים, but the reason it works, I'll give an example the פני יהושע writes, that since we said before and we know that מדאורייתא בביטול בעלמא סגי, that מדאורייתא ביטול works, אלא מאי why do we want to get rid of it is because מדרבנן, so it's only איסור דרבנן. Basically the fact we want to get it out of the house and we want to get rid of it is a דין דרבנן, cuz מדאורייתא you're פטור. For a דין דרבנן we're מיקל to small קנינים even though the קנין קנינים are not so so strong. But the אלטר רבי in הלכות מכירת חמץ writes that you can't say that selling the חמץ is not for the חמץ that you're מבטל, because you're not מבטל. The חמץ you're selling, you're not מבטל, והא ראיה you're planning to buy it back after פסח, so you're not מבטל it. So you can't say that's the reason why it's a קנין. It really must be a real קנין. Actually, the חתם סופר even writes that how could you say that the חמץ that you're selling you're מבטל? If you're מבטל it, how could you sell it? And if you're selling it, how can you be מבטל it? And you can't say, he says, it's a big דוחק to say, it's אין הדעת סובלת, it doesn't make sense to say that first you sell it before you מבטל it and then you're מבטל it, and then the מכירה is חל, because the מכירה is only חל what they say because you're מבטל, but you weren't מבטל yet. But how could you sell it? So first you sell it, then you're מבטל it, and after you מבטל it, the sale is חל. It's It's א מאדנע זאך. So על כל פנים, the bottom line is these are real קנינים and the קנינים make it that the חמץ is טאקע sold and the place is טאקע sold, or the way we do now, we rent it, that and that's why the חמץ works. But there were some that had problems with this. Why? Because if it's a real sale, you have to pay sales tax. And actually there were some in a certain country that some came and were מוסר to the government that the יידן are selling a lot of things and selling גאנצע stores and גאנצע storages of משקה and things like that and they and they don't pay sales tax. So the king answered that it's not really a sale, it's only a no, a a a religious act, ממילא they don't have to pay taxes. So came certain רבנים like the ר' ברוך פרענקל and he said, ha, so we see clearly it's not a real sale, that even the government assumed that it's not a real sale, that's why you didn't have to pay tax. But the חתם סופר writes writes it's not a problem. The bottom line is that the שטר is a כשר שטר. The bottom line is that it's a real sale even according to the government, דינא דמלכותא. אלא מאי, he knows they're going to buy it back. But what טאקע happened if the גוי doesn't want to sell it back or the or the ייד doesn't want to come and buy it back? The sale will be a sale and you will have to pay sales tax. So it's not the פשט you don't pay because it's not, cuz they know you're going to buy it back, so it's only a short while that it's sold. Not because the sale is not a sale. ממילא that that answers that. Then you have other זייטיגע small שאלות: If you sell everything and you sell your כלים, so the כלים belong to a גוי, why shouldn't you have to טובל your כלים after you buy it back after פסח? So therefore, the נודע ביהודה and the חתם סופר write that you should not sell the כלים. You should sell the חמץ on the כלים, but not the כלים. And the שער הכולל says that that's פשט in the אלטר רבי'ס לשון in the שטר מכירה. And the רבי said, במחילת כבוד of my זיידע, the שער הכולל is the רבי'ס זיידע, he said, but that's not the פשט in the אלטר רבי. The אלטר רבי says that you do sell the כלים. איי, the שאלה is if you sell the כלים, so why don't you have to טובל it? So the רבי is מחדש a חידוש נפלא that the ענין of טבילת כלים is connected to the potential, since it belonged to a גוי, you had potential Of being בולע, of absorbing טרף איסור in the כלים, that's why you have to טובל it. Brings a ראיה from a רש\"י. So לפי זה, the Rebbe says, in the case where he never got the חמץ and it was in your house still, even though הלכה'דיק it belonged in his רשות, or laying in his רשות, but למעשה לפועל it was no potential, and therefore you don't have to טובל it. So ממילא according to us, we don't have to טובל it. And that's how the Rebbe learns and that's how the Rebbe פסקנט. And the לשון of the אלטר רבי is actually משמע like that, that it is because of you are selling, you are selling the כלי also from the אלטר רבי, the way he says in לשון של שטר מכירה. And again, this is the way everyone did his own מכירה. But since a lot of complications here, a lot of details that you have to know, not every איד knew what to do. So what they did was they made that you should sell it to the רב. All the אידן from the city will sell it to the רב, and the רב knows what he's doing, and then the רב is going to sell it all to the גוי. And actually, the רביים by us still did it. The Rebbe, all the רביים, they sold it to the רב. They didn't sell it, they sold it to the רב himself. But by others, what happened was they changed it that you sign a document or you make you tell the רב that you're making him a שליח. So you have a שטר הרשאה, you have a שטר which you are making the רב a שליח to sell for you. So that's the difference. So you're not selling it to the רב, cuz why, באמת is, why should the רב have that אחריות? All the חמץ is sold to the רב. If חס ושלום the sale to the גוי doesn't work, then all the איסור חמץ is on the רב's head. Why should he want to do it? But anyway, the bottom line is that you sell it to the you don't sell it to the רב. You give all the the way it's now done, you you sign or they write on a שטר that you are making the רב a שליח, and the רב is the שליח to be able to sell for you. But there were some people who had טענות. The שואל ומשיב, basically שאול נאטנזאן, wrote that that's not good. And what's this טענה? His טענה that he wrote is, actually Reb שלמה קלוגר was arguing with him, the שאלה that he wrote was like this: number one, how could the רב sign as a שליח in the name of others? How could he be the שליח to sign? But it's readily understood the שאלה is if you add the שטרות, you have a שטר הרשאה, so a שטר הרשאה, you can make somebody a מורשה called, somebody who should be able to do dealings for you and you're allowed to sign for him. But the second שאלה was, when you give a deposit, which is a small amount of money, and the רב has so much חמץ that he's selling, worth much, much more than this, there's not a פרוטה for each person. If you have 1,000 people and you give the deposit is $100, you don't have a פרוטה for each one of the people. And in order to make a קנין כסף, you have to have a פרוטה for the person that's making it. And the deposit doesn't have a פרוטה. So the answer is, you don't need a פרוטה for everyone, because it's שותפין. It's one sale. So one פרוטה for each sale is one פרוטה. This is all one sale. Even though the גמרא says in קידושין, that we just learned in קידושין, that if you מקדש two בנות, if a person someone gives קידושין to a person, two people give קידושין to a person that, \"I want, we both want to marry your two daughters,\" and one person gives the let's say, they make a שליח one person and he gives the father of the two daughters a פרוטה to be מקדש both daughters for the two people, for the two sons, let's say, קידושין is not קידושין. You have to have a פרוטה for each one. So why is here different, we say that you don't need a פרוטה for each one? The answer is very simple, because there it's two people. They're two girls, two daughters, so you need a פרוטה for each קידושין. Here it's all one מכירה, it's all one מכירה from them all. That's what it is. And besides that, לפועל you say that you owe the rest of the money, so we can't only count the money that you gave. We have to count the whole money that he owes you. Now, especially according to the אלטר רבי, who says you have to have an ערב קבלן. This is what we've been going through the שיטה of the אלטר רבי, that's why you need an ערב קבלן. But if you have an ערב קבלן, just before I explained that ערב קבלן means that לפועל ממש the guy got paid the whole money. Actually, if you look in the לשון of the אלטר רבי, you write that שטר that, \"I, the איד, got paid up to the last penny.\" And then he says how? Certain amount I got cash as a deposit, and the rest I got a document from the ערב קבלן that he's responsible for the rest. What's an ערב קבלן? An ערב קבלן is not a regular ערב. A regular ערב means a guarantor. I lend somebody money and ראובן lends שמעון money, and then לוי guarantees the money. What is the פשט? That I go to שמעון to ask for the money to be paid. If שמעון doesn't have the money to pay or doesn't want to pay, then I can go to לוי. ערב קבלן means I can go לכתחילה to the ערב. ערב קבלן is he takes it upon himself that he's going to pay. So if ראובן lends שמעון money and לוי is an ערב קבלן, I go לכתחילה to לוי and say, \"You pay me.\" So basically, I have this connection to the ערב קבלן. So the The אלטר רבי says that in order for this קנין to work, you ought to have an ערב קבלן. And I'll explain soon why, but לפועל, if you have an ערב קבלן, certainly you can't say that there's less than a פרוטה for each one, because he got paid the whole money. So if you sell חמץ, like in a big city nowadays, you sell חמץ, the חמץ could be worth $100,000 for the people, a million dollars, who knows what they have there, and the ערב קבלן takes responsibility, then you got paid the whole money, so you got the whole money. Now, what is the reason for the אלטר רבי? Why do we need an ערב קבלן? So the the אלטר רבי doesn't explain why he has it, why he needs an ערב קבלן. He writes that he wrote a קונטרס מיוחד, a special קונטרס, but we don't have it. The ones that explain the אלטר רבי's שיטה is the אלטר רבי's brother, the שארית יהודה, the מהרי״ל, and the צמח צדק. And this is what they say. They say that according to some ראשונים, if עייל ונפיק אזוזי, זקפן עליו במלוה doesn't help. In other words, if you're going to write in the שטר that I'm giving a deposit or you write that he gave me a deposit, and the rest he owes me, just like that, that will not be קונה if עייל ונפיק אזוזי, which means if the case is that the person is looking for him to get his money. If the person who sold is looking to get his money, wants בדוקא his money, so the fact that I have to run around and get the money is not enough. Now, let me explain this really what this is. It means like this. When a person sells something, there are two reasons why a person sells. One, because he's in business. He's in business to sell these these things. Another way is, he needs money. Someone needs money, so he sells his objects. Now, in the first one, which means a person is in business, and it's normal סדר by business is that you give on credit. So you give you sell him something, and he has 30 days to pay, 60 days to pay, whatever, that's what it is. And a person does that always, he knows. If a person sells it because he needs money, then he doesn't give him 60 days, he needs the money, so he's selling it. And if the guy's not ready to give him the money, the sale is not a sale. So so ממילא he says, they say, that the רי״ף holds, this is a רי״ף that was not printed in the time of the previous פוסקים, and it was printed later in the שיטה מקובצת from בבא מציעא, they didn't know about it. And he says that in a case where there is עייל ונפיק אזוזי, if you sell something, and you really want the money and you're looking for the money, giving a deposit, a down payment, and the rest he owes you will not work. Now, I want to explain this. באמת is if you look in the גמרא, it seems in the גמרא the opposite. The גמרא says like this. גמרא in בבא מציעא דף ע״ז, the גמרא says that רבן שמעון בן גמליאל in one ברייתא says that if you buy a field, and you pay only part of the money, you have to write a שטר that the rest is זקפן עליו במלוה, that the rest he will owes him as a loan. Second ברייתא says that you don't have to say, you don't have to write that, you just give him a down payment, and that's enough. And the גמרא answers that if עייל ונפיק אזוזי, the guy is looking for money, then you have to write in the שטר. If he's not עייל ונפיק אזוזי, he's not looking for the money, you don't have to write. So לכאורה it seems the opposite of what we're saying. There's משמע that the whole שאלה is, do you have to write it in the שטר? But if you write it in the שטר, it's good even if he's עייל ונפיק אזוזי. So it seems the opposite. And that's how the רמ״א פסקנ׳ס. But the אלטר רבי holds, that's what the שארית יהודה says and the צמח צדק, that according to the רי״ף and שיטה מקובצת in בבא מציעא, he says that when it says עייל ונפיק אזוזי it works, it's only if he's קונה מצד שטר. But if you want to be קונה מצד כסף, according to the רי״ף, if it's עייל ונפיק אזוזי, if the guy who sells is looking for the money, it will not help. Unless he pays him the whole money, and the way you pay the whole money is if you get an ערב קבלן, which means that the money, as far as you guarantee, is the money is there. But otherwise it won't work. So according to the אלטר רבי, this won't work. The only problem is, this is a כלל because עייל ונפיק אזוזי. The only problem is, why is our our case considered עייל ונפיק אזוזי? עייל ונפיק אזוזי means the guy is selling it because he looks for money. In our case, it's just the opposite, he's not looking for money. Why is he selling the חמץ? Because he wants to get rid of the איסור. So why is this considered עייל ונפיק אזוזי? Again, according to the רי״ף, the way it comes out from the אלטר רבי, that according to the רי״ף, that if you sell not because of business or anything, you're selling because you need money, then you have to pay the whole thing, or give an ערב קבלן, but you can't just be יוצא by giving a deposit and make the קנין. Why is in this case, and he says this case is עייל ונפיק אזוזי. Why is it עייל ונפיק אזוזי? Why is he looking for the money? He's not looking for the money, he doesn't want money. He wants to get rid of the חמץ, wants to get rid of the איסור, that's why. So the פשט must be that עייל ונפיק אזוזי doesn't mean if you need the money or you don't need the money. The question is like this: are you in business or not? If you're in business, then you know that take takes time for him to pay. So then, you know, this is the קנין, this is what you do. If you're not in it for business, then you want your money. Normally when a person sells something and he's not in it for business, he's in in it because whichever reason, whether he's selling it because he wants money or he's selling it because of some other side like he wants to get rid of איסור. This is not a business, and if it's not a business, he's not wait he's not ready to wait. I'm I'm selling it, I want my money. And that's the reason why the רי״ף holds that if it's עייל ונפיק אזוזי, it will not work. And by חמץ, this is exactly what it is. He's not looking to make money, he's not looking to sell it because he's looking for business. There's another thing here you could say, because since it's a גוי and a איד, he doesn't trust the גוי, the גוי will give it. That's called עייל ונפיק, I want my money right away because I don't trust the גוי. So the only עצה against it is, if you have a איד, and the איד writes a document to the רב in this case or to anybody who is selling the חמץ, that I take I guarantee as a ערב קבלן that I will pay you the rest of the money, and he makes a קנין with the רב or the one that's selling the חמץ, so that ערב קבלן is giving it to the makes a קנין with the רב, and he's מתחייב to the רב to pay the rest, means the רב got the whole thing. So in so he does the ערב קבלן signs this שטר for the money, the rest of the money that he owes for the חמץ, and the rest of the money he owes for the קרקע, because he gives a deposit for the חמץ, gives a deposit for the rental of the קרקע, and he gives the רב a שטר that he's taking אחריות for it in the form of a ערב קבלן, ממילא then he got the whole money and that's why this works. And that's what the אלטר רבי needs that he said you need a ערב קבלן. Which automatically answers the קשיא, the שאלת שלום asked a קשיא, that if the אלטר רבי is worried that he doesn't have the whole money, what does a ערב קבלן help? He doesn't understand what a ערב קבלן helps. You still don't have the whole money. But then what we explained before, the אלטר רבי doesn't mean that he needs the money and he doesn't have the money. The אלטר רבי learns that if you don't trust the גוי or it's not for sale because you're looking for business, that's the nature, you want the money. And in this case if you give a ערב קבלן, then he trusts him and he knows that he's going to get the money. But then there is another שאלה that some people ask when they give the אלטר רבי'ס שטר מכירה which is the ענין of ערב קבלן. They ask a שאלה that לכאורה the ערב קבלן, which by the way, before I forget, I want to mention, that the ערב קבלן can has to be a person that's not part of the sale. In other words, the ערב קבלן has to sell חמץ someplace else where it's sold to a different גוי, because if he's an ערב he can't be an ערב on his own חמץ. So that's that by the way. But the ערב קבלן is called a רוצה בקיומו. רוצה בקיומו means he wants it to exist. The ערב קבלן definitely wants the חמץ not to get lost. He wants the חמץ to continue existing, that חמץ not not to get lost. So on פסח he has a רצון בקיומו דחמץ should be there. Why does the ערב קבלן want the חמץ not get lost? Very simple, because the ערב קבלן knows that after פסח the way the sale is he'll have to pay. Think he has money? He doesn't have money, but he knows he has the merchandise. He has the חמץ, so if it comes to him to pay, he'll go to the גוי and he'll tell the גוי, you know, I'm paying for you, I'm paying, I took אחריות, I'm paying, so then you'll have to pay me, so he takes the merchandise. That's בכלל the answer. Some people טענה'ן that, you know, oh, if you have a ערב קבלן the ערב קבלן has to be a very rich man because he's the ערב קבלן for this whole money, so if there's a sale, if you sell a million dollars worth of חמץ, and the guy gives a $100 deposit down payment, so the ערב קבלן has to have enough money to pay for the rest. The answer is he doesn't have to, because he has the merchandise, he takes אחריות. He has the merchandise that that was sold, and he'll take that merchandise or he'll sell it, or he'll give it back to the people, whatever, but so