Like an overview, like I said, an overview on the inyan of מכירת חמץ, on the selling of the chametz. So, we're gonna go through how this came about and how it works. And also we're gonna touch upon the special shittah that's known, the Alter Rebbe's shittah in the inyan of מכירת חמץ, that you have to have an ערב קבלן in order for the מכירה to be a proper מכירה. But first, let's go into the whole hishtalshelut of מכירת חמץ. מכירת חמץ is not mentioned in the Gemara. This is something that happened in the last generations, the last few hundred years. And we'll have to go into here to see how this happened, and where this is all, what the מקור and what the purpose and how it works. The whole purpose is, the whole inyan is because of the איסור בל יראה בל ימצא. Pesach chametz is one of those issurim that has a special issur which no other issur in the Torah has. Like we This we know that there are certain things which are asur ba'achilah. Certain things you can't eat, and that's all, you just can't eat it, but everything else you could use it, you could have hana'ah from it. Then there are certain things which are not only asur ba'achilah, they're also asur b'hana'ah, למשל, basar b'chalav. Treifah food like חזיר is only asur ba'achilah, but you could sell it. You can't be עוסק בסחורה, you can't make a business out of something that's treif, originally to start a business. But if you happen to get some treifah food, someone gives it to you as a מתנה, or somehow you catch fish and you happen to catch a treifah fish, you're allowed to sell it because it's not asur b'hana'ah. Then there are things which are things which are asur b'hana'ah, like basar b'chalav which is also asur b'hana'ah. Basar b'chalav has a separate issur besides that which no other issur has, and that is איסור בישול, that you can't even cook it. Nothing to do with eating or hana'ah, just to put a fire under the basar b'chalav and someone else should use it, it's an איסור בישול. But that's something special of basar b'chalav. But like this, there are certain things asur to eat, certain things are not only asur to eat, only also אסור בהנאה. Chametz has another thing which is also אסור בבל יראה בל ימצא, that not only can't you eat it, not only can't you have any benefit from it, but it is also asur to own. בל יראה בל ימצא means it should not be seen, should not be found. Now it doesn't mean you shouldn't look at it. You could look at chametz if it doesn't belong to you, but to own chametz on Pesach is a special issur. And that inyan of בל יראה בל ימצא has a a lav, actually two lavin: the lav of לא יראה לך and לא ימצא, and also it has an aseh: the aseh of תשביתו, אך ביום הראשון תשביתו שאר מבתיכם, so you have to have both, so you have a lav and an aseh. But this is something that only chametz has. How do you get rid of this issur of בל יראה בל ימצא? So the Gemara says that mide'oraita bebittul be'alma sagi. That means mide'oraita there is one of two ways that you could be you can get rid of the chametz: one of two ways. You don't have to both, you could be one of the two: or simply תשביתו you destroy it, you burn it or you destroy it some other way, going into the machloket, there's a machloket whether you have to burn it or you could destroy it by breaking it up and throwing it into the river. But whatever it is, there is a way of getting rid of your chametz is by actually destroying it. And then there's another way which you could do, which is a much easier way, and that's bittul. That if in your mind you decide that the chametz is nothing, it's to you כעפרא דארעא, by doing this you have you are not עובר בל יראה בל ימצא anymore. Just derech agav, we we learn Pesachim, so we remember that in that gufa there's a מחלוקת Rashi and Tosafot, or other ראשונים also, whether when you are מבטל חמץ is it מטעם תשביתו, so are you מקיים תשביתו, just like תשביתו means you destroy it physically, you could destroy chametz mentally, it's a גדר of תשביתו, or when you're מבטל חמץ it's מטעם הפקר. When you are מבטל the חמץ, you really הפקר it, and it doesn't belong to you anymore, and the moment חמץ doesn't belong to you anymore, you're not עובר. Because we דרשן, where does it say that you can't own חמץ? לא יראה לך חמץ, לא יראה לך שאר. So the Gemara דרשן: שלך אי אתה רואה, אבל אתה רואה של אחרים, ושל הפקר. חמץ of a גוי you could see. חמץ of הפקר you could see. You could have in your house חמץ of הפקר, if you're not קונה, in a way that you're not קונה. So by being מבטל חמץ according to Tosafot, it's הפקר. But whichever way, whether it's like Rashi or like Tosafot, this is another form of how you could avoid being עובר בל יראה בל ימצא. So מדאורייתא it's one of the two: or פשוט physically destroy it, or מבטל. So? But you don't want to קונה it. Yeah, it's הפקר. מדאורייתא, this is הפקר. Yeah. And that's no problem. Yeah, you could have it in a drawer, you could have it in the house as long as it's not yours, it's הפקר, and anybody who wants to come in, אי the door is locked because, you know, private house, but if someone would come in and take it, there would be no עבירה, גניבה, it's הפקר, it's okay. Oh, is he מתכוון to be קונה it, or שבלבו ודעתו where you assume you want to be קונה it, but if you don't want to be קונה it, if I say clearly I don't want to be קונה something, you can't be קונה it נגד רצונו. So ממילא he's not koneh the chametz and the chametz is he's not בל יראה בל ימצא. So mid'oraisa it's or bi'ur, actually destroying, or bitul. And that's what the Gemara says מדאורייתא בביטול בעלמא סגי. אבל דרבנן said that in order to not עובר בל יראה בל ימצא, you have to do both. You have to say destroy it and say be mevatel it. And the Gemara goes into reasons הבודק צריך שיבטל, why do you also have to mevatel? The Gemara gives reasons. Then we have the shailah if you are mevatel it, why do you have to destroy it? So here you have Tosafot's reasons, because we're afraid שמא יבא לאכלו, or the Nimmukei Yosef's reasons, because we're afraid שמא לא יבטל בלב שלם, you might not do בלב שלם, but whichever the reason is, mid'rabbanan you have to do both. Fine. So you have to say be mevatel the chametz and say destroy it. What happens if you have a lot of chametz, and it's a big, going to be a big loss if you're going to destroy the chametz, and you can't get away from it, you have to destroy it? See, mid'oraisa if you have a lot of chametz, you just mevatel it, then you hope after Pesach you'll still be around, but if you have to destroy it, you have a lot of chametz, what do you do? So there's another eitzah. The Mishnah says in פסחים, אין מוכרין לנכרי, you could sell it to a goy, so you won't have any loss. You have chametz worth $1,000, find a goy, sell him the chametz, and he'll pay you $1,000, so you will have no loss. So that's another way that you could do it. And we actually find in the Gemara Pesachim דף כ״א a מעשה, מעשה דההוא ד- that he had chametz that belonged to somebody, and it was Erev Pesach, and it was the mice were taking it away, anyway he didn't know what to do with it, so he wanted to protect that person's property, he came to Rava, finally he said, first he said wait, wait, finally when it came to the last hour when it was almost asur, he said, \"Go sell it to a גוי.\" So he went and sold it to a גוי, no problem. You can sell it to a גוי. There is a מחלוקת בית שמאי and בית הלל in the second פרק of Pesachim, that בית שמאי holds, which we don't posken at all, בית שמאי holds that when you sell it to a גוי you have to sell it in the time that we assume the גוי will eat it up before Pesach. So the last minute before Pesach you couldn't do it. But בית הלל says that's not true, and we posken there's no she'eilah, so you're allowed to take chametz and sell it to a גוי, finish. But when we're talking about selling it to a גוי, it means pashut physically taking the chametz and selling it to the גוי, that's it, like you sell anything, it's not yours anymore, you don't plan to get it back, I mean, you sold it and finished, that's a way to do it. The emet is we also, but this is selling without planning to get it back. We also find be'emet an inyan, a possibility of selling the chametz to a גוי in a form that you plan and hope to get it back. And that's based on a Tosefta. The Tosefta says that if there was a yid that was going with a גוי before Pesach on a boat, and then Pesach came, and the yid has a lot of chametz, now you have to get rid of the chametz, but if he gets rid of the chametz, if he's planning to be on the boat for a month, I'm just giving an example, what's he going to do? How's he going to have food after Pesach? He's going to get rid of all this chametz before Pesach, and he's going to continue after Pesach to continue the trip, what's he going to do? So the Tosefta says sell it to a גוי on the ship or give it to him במתנה, and after Pesach you'll buy it back from him. So that's a case where you sell it to him, you give him all the chametz, and you buy it back. So here we have a case where you selling it with having in mind to get it back. Actually there's another part in the Tosefta. The Tosefta says further on that you could tell a גוי לכתחילה, \"Take more chametz, because after Pesach I'll buy the rest from you.\" And the Rabbeinu Manoach learns the pshat over there like this, that the case is where you're planning a trip Erev Pesach, and you can't take in the chametz, the trip could be who knows for how long, you plan to be there and you need to eat after Pesach, and you can't have chametz with you, what do you do? So you could tell a goy, \"We're going to be on the trip for a month, you only need 50 pounds of bread for the month, take along 100. After Pesach I'll buy 50 back from, buy 50 from you.\" You're allowed to tell him that. So here we see that there is a case that you're allowed to, similar, you're allowed to tell a goy to have the chametz even though you have in mind to take it back. Now, someone would think maybe this is only a b'diavad, since you're on a ship and you have no other food, so b'diavad, it's not so. Chatam Sofer says that this is no problem. It's a real mechirah, whether you tell him to take his own or even you have yours and you sell it to the goy. What's the problem? You're selling it to the goy, and it's a real mechirah, the goy has the chametz, and it's his. And the truth is, after Pesach, if he decides not to give it back, you can't do anything to him, because it's his. So, there is no problem. And that's why the Tur, when the Tur brings this case, doesn't mention a ma'aseh with a ship. He says stam, you could sell it to the goy, and afterwards you will buy it back. Okay. But so far, the case that we were talking about is that you sell the chametz to the goy and you give it to him actually. You take it out of your reshut. And in Shulchan Aruch, when it talks about selling it to a goy, it takeh says there's no problem, you could sell it to the goy, hoping that later the goy will sell it back, but what you did was you took the chametz and you gave it to him. What happens if a person has a lot of chametz, and you just can't take it from your house and bring the chametz to the goy and sell it to him, hoping to get it back later?

And this problem started, wait, so we would say a few hundred years ago, when a lot of Yidden went into the business of making mashke, making beer, the breweries, and Pesach would come, they would have a lot of chametz, all this is chametz. They didn't want to lose it, so we said the עצה is sell it to the goy, hoping that the goy will sell it back to you. But you can't give it to the goy, you can't take thousands of pounds and things and bring it to the goy. So, what do you do? Came the The one, it seems, who is the first one who we find deals with this is the Bach. Could be there are others, but it seems like the Bach. And the Bach has this עצה: you know what you do? Sell him the chametz and sell him the place. What do we want? We want to give him the chametz, fine. So, and we can't take the chametz to him, but we want to take it to him. Why do we want to take it to him? Let's leave it in our own רשות. Let's sell him the chametz and leave it in our own רשות. What is the דין if you have a goy's chametz in your רשות, is it a problem? No, but it touches a lot of שאלות. Do you have אחריות, don't you have אחריות? And if you have אחריות on a goy's chametz, you're עובר. And usually if a goy will buy chametz from you, pay all this money, he probably will want you to have אחריות. So, we touch all these problems of having אחריות and not having אחריות. So, the best thing is to give it to him. But in a case where you have a lot and you can't give him, so what do you do? So, you have another עצה. So, the Bach says, sell him the place. So, by selling him the place, so it's not in your רשות anymore. So, here is not a question of אחריות. The whole שאלה of having אחריות on a goy's chametz is חמצו של גוי which in the רשות של ישראל and you have אחריות. But if you have it's the goy's רשות, so there's no problem. So, this is what the Bach said, and the Taz and the Magen Avraham also bring it. Fine. So, we have another עצה here. The etzah is to sell the chametz to the goy, and it'll be in the reshut and and and sell him and sell him the makom also for the reshut. How is the goy going to be קונה the chametz? So, we know that by a goy, קנין כסף works. By a Yid, you cannot be קונה מטלטלין with כסף. קרקע you could be קונה בכסף, ובשטר, ובחזקה. מטלטלין you can't be קונה בכסף. But by a goy, you could be קונה מטלטלין בכסף. Now, not everyone agrees. There is a שיטה that holds you could only be קונה, even by a goy, has to be כסף with משיכה. But if you hold you could be קונה only with כסף, so what is it? There's no problem. So, he pays you the money and he's קונה it. So, what will be? He will be קונה he will pay you for the chametz, he will also pay you for the makom. So, what happens here? So, you have the maalah of being the goy's chametz, and you don't even have to give it to him, and he's קונה it with כסף. What about the שיטה that holds that you cannot goy cannot be קונה מטלטלין with כסף, only if there's משיכה also? But here we have no problem, because since you sold him also the makom, so he's קונה אגב קרקע. There's a קנין אגב, so he's קונה the מטלטלין אגב קרקע that you're selling him the קרקע. Let me just ask a narishe sheilah: why do we have to say he's קונה אלס קנין אגב, why isn't he קונה אלס קנין חצר? Since it's חצר, it becomes his מקום, and the מטלטלין is laying in his מקום, so he's קונה אלס קנין חצר, nu, ha? Why, not משתמרת? So, lock the room, lock the you make make it, put a lock and then you'll be חצר המשתמרת, and you'll be קונה it with חצר. So the Alter Rebbe paskens very clearly, חצר מטעם שליחות, and just like אין שליחות לעכו״ם, אין שליחות לנוכרי, אין חצר לעכו״ם, אין חצר לנוכרי, there's no דין חצר. The emes is there are שיטות that do hold. We mentioned in the shiur, there's a מחלוקת, some hold that there is a דין חצר by a גוי. So according to those שיטות, אינך נמי, he takeh would be קונה with חצר also. But לפועל, so we came to a point already where we see that you don't have to take all your חמץ to the גוי, the חמץ stays in your house, but it becomes the גוי's because you sell it to him, and you make a קנין with him, and he gets it. They also said that you should have a שטר written to it, even though מטלטלין you cannot be קונה with שטר, but there are three reasons בכלל why they said you should also have a שטר. Number one, because if you don't have a שטר, and it doesn't look so formal, it looks like a joke, look like a הערמה, the חמץ is in your house, everything is in your house, he paid you money and it's still there, so to make it more official and to make sure it doesn't look like a like a joke, so you write a שטר. Second of all, since you're selling him also the קרקע, so for a מקום, for קרקע, שטר helps, so you קונה by שטר, and besides that, there's another point here. The other point is that in goyishe law, שטר helps. In goyishe law, shtar helps, and there is a din that if this is the מנהג המקום of how you're koneh, you're koneh, so it could work for מטלטלין also. There is a din of סיטומתא, which is a kinyan that's מנהג הסוחרים. If the סוחרים, all סוחרים, all merchants make up that this is a form of קנין, על פי הלכה it becomes a kinyan. In Shulchan Aruch we have out in סימן ר״א, if you have they used to have a דרך that if you would take a if you made a deal, you would make a פס, a line on a חבית. So that's a kinyan. על פי תורה it's koneh, because that's so since legal law you're koneh with a שטר מטלטלין, in goyishe court you're koneh, so that's why by doing this you're koneh the מטלטלין and also the קרקע. There's another problem that came up of it. You're selling your chametz to the goy, and you're selling the מקום to the goy, and you have a lot of chametz. Which goy has a lot of money to pay you for the chametz? We said he has to pay you for the chametz because he's going to be koneh it with קנין כסף, and he's koneh it with the קרקע because he's buying the קרקע. Where does he have which goy is going to come and do it? You have chametz worth $10,000, a goy is going to come to you and give you $10,000? And the goy knows you're doing it lechatchilah, he knows that you're going to buy it back. It's not a הערמה, because לפועל he bought it, it's a document, but he knows you're going to buy it, so which גוי is going to do it? So came a new sevara, the גוי shouldn't taka pay you, he should give you a deposit only. The גוי will give you a deposit, and with the money that he will give you a deposit, with that you will be koneh the rest. So became that's taka the the son of the Noda BiYehuda even has a שטר that his father made up in in in in Prague, the way they sold it, and they wrote it like this, that the גוי is buying the chametz for the value of the chametz, but the גוי is giving a deposit, סך for the chametz and סך for the מקום, והשאר זקף עליו במלוה, and the rest he owes you. So mimela why wouldn't a גוי do it? Especially if you want him only to give a deposit, you have another etza, which is לפועל done now. You want a deposit, it cost a million dollars the chametz, but you have a deposit of $100. Give him a $100, so that's what we do. We לכתחילה come to the גוי, and we say to the גוי, here, here's a present, $100. We like you, you're a nice guy, here's a $100. Okay, now he has a $100. Then we, okay, you want to buy the chametz? Fine. We need a deposit. Have a $100? Sure I have a $100. He gives you $100. So he doesn't be'emet have to lay out anything, but it's a very easy thing, so you give here a deposit, and it's kesef, and it's kesef for the קרקע, כסף for the chametz, and alles fine and good. So lichora this is the way it developed that you sell him the chametz, sell him the place. And be'emet you don't even have to sell him the place, you could rent him the place, because when you rent somebody, שכירות works for agav. How do we know שכירות works for agav? מעשה ברבן גמליאל וזקנים, and מקומו מושכר לו the Gemara says, and the Gemara has a sevara that what קנין was it, agav? The Gemara just wants to say that it couldn't work because over there it was מעשר, it was טובת הנאה אינה ממון, but the Gemara didn't have a problem with שכירות working אגב, so you could give him, rent it to him, for an amount of time that you from Pesach and after Pesach a few days to give him a chance to have the chametz, sell it kivayachol. So you could rent it to him, and he only gives you here a deposit. But there are So, this is the way it actually turned out. It turned out that you sell him the chametz, and if a קנין you make, and you sell him the, you rent him the place, and he קונה the chametz with כסף, קונה the chametz with the קרקע with אגב, it's lying in his רשות, and you get this. And after Pesach, you want you buy it back. There were some people who came and made שאלות. Somebody came and made a shaila, and he said like this: there was one place where a goy, I don't know, goyim or some people claimed it, you're making a sale, you're selling things worth a lot of money, you're not paying taxes. How could you sell something? What about sales tax? So they maser to the government that these Yidden are selling things, and they're not taking any taxes. And in one, in Romania I think, in one place, the king answered I don't know if Romania, there was a place the king answered: no problem, because it's only a religious, a religious act. It's not real you know, it's not a real sale that you should expect to get taxes, a religious act. Based on that, so there is a person Rabbi' Baruch Frankel came out, if azoy what a shaila on the whole מכירה. If the king himself said that this is not not real a real קנין, not a real sale, and that's why he doesn't expect to get taxes, so it's not a real sale. If it's not a real sale, then the whole מכירה is out of it. Chasam Sofer comes and says no, he answered him no. It's a real sale. And the emes is, what would be if the goy would takeh decide not to sell it back? What would be then? The goy would have to pay up the rest of the money, and he would takeh take taxes. You'd takeh have to pay the taxes. What the king meant to say is that because he knows that in the end he can buy back, so סוף כל סוף בפועל you're never going to sell it, it's never going to change hands בפועל, I don't care. But it's not that the sale is not a sale, because a sale is a sale. There is a document, it'll stand up in court. In the document we write that this document should stand up in court, it'll stand up in court. And if בפועל comes a maaseh and you tell the goy afterwards: nu, pay up for the rest of the money, he'll have to pay up, and if he'll pay up it's takeh his. So mimeila, that shaila is out of it. Then there's another shaila, which is just a prat in the she'eilah, certain pratim. Do you sell the kelim? Chametzdike kelim? Are they included in the mechirah? So the Noda BiYehuda and the Chatam Sofer both say you can't include the kelim in the mechirah. Because if you include the kelim in the mechirah, you have to tovel it after Pesach. Because after Pesach when you buy a keli back from a goy, you have to tovel all the kelim. We don't find anywhere that you tovel the kelim. So that's why they claim that you shouldn't sell, you don't sell the kelim, you sell the חמץ שעל הכלים, the kelim, איי, the keli remains yours, there is no issur of בל יראה and בל ימצא on bliyah of chametz. Why do you sell? You don't want to be over on בל יראה and בל ימצא. In this case, what is the chametz here? The chametz here that the keli absorbed the taste of chametz. There's no בל יראה and בל ימצא on a ta'am. So mimela, who cares? Don't sell the keli and first of all the keli itself you should clean before, and if you clean it there's no problem. Even if not, it'll be a she'eilah already, but you're selling the חמץ על הכלים. And the Sha'ar HaKolel writes benoge'a the Alter Rebbe's שטר מכירה, the way the Alter Rebbe wrote, that he also means that you're selling the chametz and not the keilim. Even though the לשון of the Alter Rebbe is not like that. The Alter Rebbe's לשון is that I'm selling chametz this and that, and keilim that have chametz on them. But it says keilim, not חמץ על הכלים. The keilim, he's selling the keilim. So the Rebbe said that even though the Shaar Hakollel was his grandfather, so he says במחילת כבוד תורתו I disagree with him, and the Rebbe says that according to the Alter Rebbe we do sell the keilim. Ai, if we sell the keilim, why shouldn't you have to tovel it? So the Rebbe goes into a whole chiddush, is mechadesh a chiddush that in the way the מכירה is set up in our ways, you don't have to tovel it. He brings out a whole chiddush based on Rashi that when do you have to tovel keilim? That the whole din of טבילת כלים is because a כלי that belongs to a goy has the potentiality of being used for treifah. The Rebbe is מקשר טרפה with tevilah. Normally we know it has no connection. טרפה כלי is a טרפה כלי. טבילת כלים has nothing to do, why do you have to tovel keilim? The כלי belongs to a goy, is like geirut. Just like when a person from a goy to a Yid has to go to the mikveh, a kli belongs to a goy has to go to the mikveh. Machloket if it's דאורייתא or דרבנן, but that's a separate דין. Has nothing to do with treifah. And the Rebbe brings a re'ayah from a Rashi that it's because it's potentially going to be treifah by a goy, and that's why you have to. In a case where the kelim remain in your house and the goy never comes to it and it's so far-fetched that it should ever happen, there is no דין טבילת כלים. And memeila, you see, you don't have to tovel the kelim, and therefore there is no she'eilah. So, this is So, but while what do we have here? We have the דין of how it developed into selling the chametz and selling the chametz in a way that you don't give it to the to the goy, and he doesn't even have to pay you, and he's koneh the chametz, and you're not עובר בל יראה ובל ימצא.

The way it used to be done, this was something that every individual used to do. Every individual used to find himself a goy, and if he had a lot of chametz, he would work it out with the goy and sell it. But, not every individual knows the halachot. It became too many people doing things which were not right, so it became that it should become done through the rabbanim. That a Rav should take care of the mechirah. So the way it used to, the way it started was, that they used to sell, every person would sell his chametz to the Rav, and then the Rav would sell all the chametz to the goy. So it was all done through, or through a Beit Din. But then it changed. Which Rav wants to buy all the chametz from all the Yidden? What does he need it for? In case, a chas v'shalom something found out that the chametz was not the goy's, like it once happened, I think in Bnei Brak, they found out that the goy was really a Yid. For for 30 years they were selling him chametz, and he found out he wasn't an Arab, he was a Yid. His mother's mother was Jewish and he was a Yid. So who was עובר בל יראה ובל ימצא all these times? בשוגג, but who was oveir? If you sold it to the Rav, not all these thousands of Yidden, the Rav is oveir. All those Yidden, ah, they sold it to a Yid, it's fine. But the Rav, he's the one that's oveir. Oh, it oh, no, that's right. He's not oveir, that that the one that bought it is oveir, takeh, yeah, yeah, yeah. But let's say not like this. This is the case of like, that's what, that the example I gave takeh doesn't fit, because that guy's oveir. But let's say something is wrong with the mechirah. You find out that the mechirah wasn't done properly, I know, whatever, it wasn't done. So you never sold it to the goy. So who's oveir? The Rav. So it changed. It changed that what the people do is that they make the Rav a shaliach to sell for them. So all the documents that you sign is a שטר הרשאה. You only sign a שטר which is מרשה, which gives the Rav the right to sell for him. Call it שטר הרשאה. The Rabbeim still kept the old seder. All the Rabbeim would sell to the Rav. The Rebbe would sell the chametz, first, I remember, R'' Shmuel Levitin, then R'' Zalman Shimon, then whoever as time went on, whoever the Rav was, the Rebbe sold the chametz to the Rav. And you see, and the רבי takkeh sold the chametz not on Erev Pesach, but on י\"ג, and we sell it to the Rav. It says, \"אני מוכר,\" and then the Rav would include it into his, in his own chametz that he sold. But most people don't do that, that's not the seder. The seder is that you sell it, you מרשה the Rav, you give the Rav a permission to sell it for him. Okay. But there were some who came and said that this is no good by doing this wholesale mechirah. Mainly it was the Shu'el u'Meshiv, Rabbi' Yosef Shaul Natanson, came out against this, and his main thing were two ta'anot. And both are pretty shvach. One ta'anah is that what right does the Rav have to sell for them? When you sell him the chametz, you are selling, you're making a sale, but their chametz, how is their chametz included in the sale? Yeah, but the truth is, I guess in when he was talking about, they didn't sign their names, they didn't give שטרות. But the way the way it's done and the way the Alter Rebbe writes, you have to take all the שטרי הרשאה that they give, you have to include it and connect it to the, so by doing that to the גוי, there is no problem. Actually, one of the אייניקלאך of Rabbi' Yosef Shaul gave out with a קונטרס against the שטר מכירה. Another אייניקל of his came later and said that lema'aseh what his grandfather says, it was נתקבל by Klal Yisrael, and that's how it's done. And takkeh, this problem is not a problem. But then he has another problem. His problem is, since they're only giving a deposit, the גוי is only giving a deposit, you have to give at least a perutah deposit. Does the גוי give a perutah for every single person's chametz? You have a whole city selling. Take here Miami. We have chametz, we have all the רבנים get together with the גוי, חמץ worth maybe a 100 million dollars. I don't know how much they have, prints from all over the world. And how much does he give? He gives $100. Is that enough, a perutah? You're not koneh. So they made a whole she'eilah about it. The answer is very simple: It's all one מכירה. When you have individual person, people, each one needs a perutah. But when you put them all together as a שותפות, you need a perutah for the whole מכירה. Someone might ask a she'eilah, we find a place differently. It says, in Kiddushin it says, if a person comes and says to man to another man, \"Here, I'll give you one perutah, and both of your daughters should be נתקדש to my sons,\" and we say it's no good. Why? What's the she'eilah? But what's the she'eilah? לכאורה, one perutah, it's one deal. No קשיא, it's not one deal. They're two wives, they're two two marriages, it's not one deal. Reuven will be married to Rachel, Shimon to Leah, there will be two it's two. אלא מאי, he's saying it together. There's one person doing it, but there are two separate deals, obviously. Here we're talking about one deal. So if it's one deal, you could, it's enough of a perutah, and therefore, no one really cares. There are some are still chosheish, and they want the deposit should be enough for a perutah. The emes is that even those that are chosheish, according to the way we do the the שטר מכירה, there is no חשש. Even according to that חשש, because we how the שטר מכירה the Alter Rebbe made it is with an ערב קבלן. And because it's with an ערב קבלן, this this all falls off. And

let's get into this nekudah of this ערב קבלן business. Everyone knows that the Alter Rebbe has a שטר מכירה with an ערב קבלן. What is the inyan here? ערב קבלן means like this: the guy, the goy gives a deposit. And we said until now that's the whole way this שטר מכירה works, the goy gives a deposit. What about the rest of the money? So the way you have it in the שטר מכירה, the Noda BiYehuda, he says, \"והשאר זקף עליו במלוה.\" The rest is a loan. Zogt דער Alter Rebbe that in a case like this, there are Rishonim that hold that the deposit will not work. And the only way it works is if there is another Yid who takes responsibility on the rest of the money that he will pay to the Yid who's selling. The Yid is selling, the rav, let's say, is selling, selling chametz worth $10,000. The guy gives a deposit a hundred. So there is still the the the balance he has to pay. He promises, the goy says, \"I owe it to you. After Pesach, I'll come and pay you.\" But the Alter Rebbe, according to some of the Rishonim, this will not work. The only way it'll work is if another Yid comes and he says, \"I take responsibility for the goy for the rest of the money.\" And not a plain arev. A plain arev means, what is the geder of a arev? That if you come to the guy owes you money, and if he doesn't have any money to pay, then you go to the arev. An arev kablan means, you lechatchilah could go to the arev, lechatchilah go to him. So the Alter Rebbe says the only way it will work is if you have an arev kablan that gives you a document where he writes that, \"I am responsible to pay for all the the all the rest of the money that the goy owes.\" And if he gives you that document, then the מכירה is chal. Huh? Because it's still, hold on, we have to know what's the problem. Why does he have to say this? Has to be davka a Yid? Well, let's let's get into this. The she'eilah is, why? What does the Alter Rebbe mean that in a case like this, it would not work according to some Rishonim? What did he mean? The Alter Rebbe doesn't give a reason. He writes that he made a whole קונטרס about it, but we don't have it. But the Alter Rebbe's brother, the Mahari"l, and the Tzemach Tzedek, both have long תשובות to explain the shittah of the Alter Rebbe. And this is what they say: that in a case where it's עייל ונפיק אזוזי, and the literal translation means when the person who's selling is עייל ונפיק, is running to get money, עייל ונפיק means he's coming in and out to get the money, you would not be koneh with just a deposit. In other words, let me explain what this means. They say like this: when a person starts to sell something, there are two reasons why you sell. Sometimes you sell because you're in business of selling. How does a person do business? You're in real estate, you're doing real estate: you have a house, you sell houses, you sell stuff, back and forth, that's one of the ways. Sometimes a person sells something because he's desperate for money. And the din is, according to the Rif, not everybody, but according to the Rif and some other Rishonim also, that if you sell because you're desperate for money, עייל ונפיק אזוזי, then giving a deposit will not help. U-mimeila, they say that in this case, giving a deposit will not help, so what you have to have is that the person who sells has to get paid in full. And the way we work it with the arev kablan, it is considered paid in full. If you look in the לשון שטר מכירה, the way the Alter Rebbe wrote the שטר is like this: that I'm selling you the chametz, and for the chametz, you paid me. How did you pay me? You gave me a deposit of so much and so much money, and for the difference, you paid me by giving me the שטר that the ערב קבלן gave you. Which the שטר of the ערב קבלן is basically like a check. Mimela, דער לשון is, \"I got paid עד פרוטה אחרונה. I got paid every penny.\" Huh? The she'eilah is why is this a case of עייל ונפיק אזוזי? Why is this a case where a guy is selling because he needs money? It's befeirush not true. Why are you selling the chametz? Because you don't want to be עובר בל יראה ובל ימצא, not because you're looking for money. So, how does they and they don't explain it. And no one even asks, even those that are against this whole thing of ערב קבלן don't even come up with such a she'eilah. Lich'orah the she'eilah, what does what do they what does the Alter Rebbe mean? Alter Rebbe going to say, but the way they explain that if you're עייל ונפיק אזוזי, you're looking for money, you're desperate for money, the the giving a deposit will not work. Why you're desperate for money? You're befeirush not desperate for money! You're befeirush don't need the money, you're selling because you don't want to be oveir. So, the answer is pashut. When we say that you're desperate for money, that's when it doesn't work, it doesn't mean that's the nekudah of being desperate for money. It means like this: there are two ways you sell. You sell in a case where you're not interested in the money now because you're doing it for business, and how does business work? You give 30 days, you have 30 days time to pay up, how every business. When you send them an invoice, yes, some guys have 60 days, some guys give 90 days, that's Then there is another case where you don't sell it because you're doing business. If you don't sell it for business, then you're not ready to wait for the money. Then if you're selling, you want money. In other words, when are you ready to when when is the seder of waiting, which Mimela this is a normal way of a kinyan, when you're selling על סמך מסחר, but if you're not selling, so when we say you're selling מחמת דוחקו, when you sell because you're desperate, doesn't mean because you're desperate or not. It means because you're selling it, and there is no reason for you to wait, so you want the money. Here also, it's takeh you're selling because you want don't want to be עובר בל יראה ובל ימצא, but normally you're selling, you need to get paid, and a case like he's not paid. That's one nekudah. The other nekudah is because it's a goy. Even if you're not selling because you're desperate, but you don't trust him. You're never sure he'll pay you, takeh. So, it's not a question where you need the money now or not. The point is you have to be guaranteed you have to in your mind be guaranteed, \"I'll get the money.\" If you sell something and a guy gives you a deposit and you're not surely that you're going to get the money later, it doesn't work. So, that's the פשט עייל ונפיק אזוזי. The peshat is you want to be sure you get the money, and by the goy telling you, \"I'll pay you,\" you are not sure. The only way you'll be sure if as he says יד ישראל באמצע, there's another yid who guarantees the money, and in a way that you don't even have to go to the goy, you go directly to the yid because he's a ערב קבלן, and then there is no problem, that's how the kinyan is made. So, the Alter Rebbe says this, that the only way the kinyan will work according to the shittah of the Rif will be if you do it with an ערב קבלן, cuz then it'll work. There are some that טענה'ן that kushya to the Alter Rebbe, if you say that doesn't work because he didn't get paid, so what will the ערב קבלן help? Like you started asking before, sof kol sof, you still didn't get the money, you just got a shtar. But the way we explain that you're guaranteed of it, you know you trust him and you know you're going to get the money, and therefore it works. I think the, a sefer, an Eibeshitzer asked this sheilah, but it's not so, he didn't understand the peshat. He thought it's pashut because you're afraid because you have to get paid, otherwise it's not קונה. It's not true! No such din. The din is that a deposit works. The Alter Rebbe doesn't mean against all the שיטות of Rishonim that hold that giving a deposit doesn't work, the Rishonim hold that giving a deposit works, the Alter Rebbe means that too. But a deposit that the rest of the money you know you'll get, but if you're afraid you won't get, it doesn't work, and that's why you have to have an ערב קבלן. Yeah, yeah, it's like because of peshitut, yeah, because that's how it normally is. You want your money, you sell something, you want to get paid for it. In other So, I'm saying that's what the Alter Rebbe means, that there's a מציאות or selling in a way that the money is not It's not you're doing it lechatchilah to keep the money for later. That's that's the טייטש עייל ונפיק. The taytsh of עייל ונפיק means that you The second way is that you're guaranteed, and the first way is that there's no reason for you not to get the money. Ever sell something and and to wait for the money? That's not מסחר is like that. Anyway, עכ״פ this is the way the Alter Rebbe obviously holds. Huh? What do you mean go through? Money he'll get, so he'll have to pay. Because he has to pay the ערב קבלן. He's ערב קב- What does what happens normally when you have an ערב קבלן by a הלואה? No, You owe the money to the ערב קבלן. The ערב קבלן will come back to you. The only thing is the Yid deals with the ערב קבלן, but the ערב קבלן, let's say the ערב קבלן will pay up, the ערב קבלן will come back to the גוי and say, \"Now you pay me.\" But the truth is, the גוי, if he wants not to sell it back, he has a right. The The only thing is, he'll have to pay up all the money. Does he have the money to pay up? Obviously, he doesn't. There is a story told that there was once one city that had a lot of brew- breweries and Yidden, so very big businesses, and one year the גוים כאפט זיך, \"Here we have a chance to buy out all the Jewish businesses.\" They wouldn't get a metziah, they wouldn't get a good deal, a special deal, they'll have to pay full price, but they didn't care to pay a full price, but at least we'll take them out of business and we'll have the business. So that year, one year they came to the goy that used to buy the chametz every year, they said, \"You know what? When the rav comes back after Pesach, tell him you want to you want you you're not buying you're selling it back. Ai, they'll tell you to pay? We'll back you with money, rich people, we'll back you with money, we'll give the money, we'll pay, and then that's it, we'll get them out of business.\" Came after Pesach, the rav came, this is exactly what he said. How do you deal with after Pesach usually? You go up to the to the goy, you don't tell the goy, \"Would you like to sell it back?\" You tell the goy, \"nu, see, after, time to pay up.\" And the goy already knows the shpil from last year, he says, \"Pay up? I don't have any money.\" \"Oh, would you like to sell it back?\" \"Yeah, I'll sell it back.\" So this time when he said, \"You'll sell it back? Would you, you have money?\" \"Yeah, I have money to pay.\" The rav said, \"nu, if you have money, good, everything is yours.\" Fine, says, \"Tomorrow come, we'll get you the money.\" The rav left. א בראך, what do we do? He made an asifah with all the Yidden, and he told them like this, this is the maaseh that happened, the chametz is his and everything is his, we have to give it to him. \"I just have a shtikel eitza,\" he said, \"let every, let every person in the city, every yideneh find צעבראכענע טעלער and צעבראכענע things, חמצדיקע כלים, חמצדיקע מעשים, old rotten food, everything that you have, and bring it to the goy's house. It's his.\" אסרו חג פסח, איז געווארן a line, הונדערטער מענטשן going to the goy with שמטעס, with junk, with with everything. So the goy knew it. They came in 1, 2, 3, 4, 5, 10, ער איז נמאס געווארן, he said, \"I don't need this!\" And he said, \"I'll sell it back,\" and he sold it back. But the emet, if he wants he could keep it. Anyway, we don't have much time, so let's try to finish. Came ober the Shoel Umeishiv and had a big kushya on the Alter Rebbe's shita of the ערב קבלן. And this is a main problem. And that is, he says that the ערב קבלן is a רוצה בקיומו of the chametz. And he says like this: רוצה בקיומו means that if you want, if you have an interest in the איסור הנאה, something that's אסור בהנאה, to continue existing, you are עובר. And he brings a ra'ayah from a din. The Gemara says in עבודה זרה that it's asur for a ייד to become a shomer for יין נסך. If you have יין נסך, which is for עבודה זרה, which is אסור בהנאה, you are not allowed to hire yourself to be a guard. Why? Because you are רוצה בקיומו. You want that the, that the isur should stay. If you're רוצה בקיומו, you, it's as if you have hana'ah from the chametz, from the isur, and it's אסור בהנאה. So he says the same thing with chametz, chametz is אסור בהנאה, so what we're doing is, the ערב קבלן is a רוצה בקיומו, he wants it. Why does he want it to stay? Very pashut, let's look at it legally. After Pesach, the גוי has to pay, but you don't go to the גוי, you could go directly to the ערב. And let's say you come to the ערב, the ערב has no choice, the ערב will have to pay you. Then the ערב will go back to the גוי. Isn't the ערב afraid the גוי won't have money to pay him? No, he's not afraid. You know why he's not afraid? Why? Because there is so much chametz that's backing this money. Whatever he's paying is for, for merchandise, the merchandise is there. So if the גוי doesn't pay him back the money, takeh he'll go and take away the merchandise, which is normal. What happens if the merchandise get lost during Pesach, a fire comes, it gets burned? The ערב קבלן knows he's stuck. He'll go to the גוי later, and what happens if the גוי doesn't have, the גוי still owes him the money, but he might not have from what to collect. So he is a רוצה בקיומו, he wants it. So he says, so how could you, so you machshil the ערב קבלן with isur of בל יראה of chametz. That's his kashya. L'chorah you could answer, the Radbaz says that the whole din of רוצה בקיומו is only by עבודה זרה, and that's what the Pri Chadash says, only by עבודה זרה. Okay, not by every איסור הנאה. So you could say we don't, so if you go according to this to the Radbaz, there is no problem, איסור הנאה. The problem is that the Tur in סימן ת\"נ says that you're not allowed to rent כלים to a goy on Pesach for him to cook, and he says why, because you are רוצה בקיומו. When he cooks chametz, you know he's going to cook chametz, nothing to do with you, you're renting it out to him, he's going to cook his chametz and that's it, and after Pesach he'll take it back, and it's a חמצדיקע כלי, what do you care? He'll he's not allowed to. So the the Tur says why? Because the Yid is a רוצה בקיומו, wants the chametz to exist, why? Because when that when that pot is on the fire, and has chametz in it, imagine if the chametz wouldn't be there, what would happen to the pot? It would bust! So you are רוצה בקיומו of the chametz, so it says you're not allowed to. So the same thing by בשר בחלב. So what do we see from here? That the Tur holds that רוצה בקיומו applies to chametz also. Not only by the, and the Rema says נוגע בשר בחלב. So על כל פנים לדעת הטור, we have a problem that it's an issur of רוצה בקיומו. But, huh? What? But ריחא דקיומא, that's always not his, no, ריחא. In this case also, when the guy's cooking, it's the goy's chametz. But the Yid has an interest that the goy's chametz should exist, so it shouldn't burst his כלי. But the Chatam Sofer writes that ריחא דקיומא is only asur if you gain from it, if you're מרויח, like over there, you have a job of watching, being a guard, you're getting paid, or you're renting out a kli to a goy, so you're making money from the kli. So when you're making money, that's when ריחא דקיומא is asur. But in this ערב קבלן is not making any money here. He just took a responsibility, the guy will get his money back, he's not making anything. So there is no problem of ריחא דקיומא. Huh? Well, they called it the way it stands, we'll charge him according to the price that we'll find out later. That's going to be the price, so you can't There's no change in price. The problem with this tirutz, lechora, a tirutz, a tirutz is or ריחא דקיומא doesn't apply by chametz, but then the Tur says מפורש in that din of of bishul it does, and it says it does, but on the other hand, there's no רווח here. The problem is that the Alter Rebbe himself, in סימן תנ, סעיף י״ב, says you can't even lend a kli to a goy for Pesach if the goy is going to cook chametz in it. Now when you're not lending it, what And lending is no רווח. We said the whole tirutz would be, Chasam Sofer says when is it that you don't You make money, you're not making any money here. You're lending it to him and the Alter Rebbe says you can't. So lechora, aderaba, so according to the Alter Rebbe we have the problem. He's the one that says that the ערב קבלן, and he's the one that says that you're not even allowed to without רווח. The answer to this is very pashut. In Likutei Sichos, the Rebbe in Likutei Sichos brings this, and he says an interesting thing. If you look in the Alter Rebbe's, the way he writes it, this איסור, that you're not allowed to rent a kli to a goy to cook chametz on Pesach, or lend him a kli, the Alter Rebbe does not mention the איסור of ריחא דקיומא. He says because you have hana'ah from the chametz, he says. The taytsh, his טענה is that בשעת the goy is cooking chametz in it, and if it wouldn't be there, it would break, it means that you have hana'ah from it. Your keli is now not breaking. That's the taytsh. So the Rebbe says clearly the Alter Rebbe holds that there is no din of ריחא דקיומא on Pesach. Doesn't bring a din of issur of ריחא דקיומא. So if there's no issur of ריחא דקיומא, so there's no problem with the ערב קבלן. Take Except avodah zarah. Only by avodah zarah, only, because it's a Gemara, but not by anything else. But what about those shitos that hold that ריחא דקיומא applies to other things also? So there's another thing here: the Shoel Umeishiv himself, who is the one that makes this whole problem, in a different place he writes that ריחא דקיומא is only asur if you do a ma'aseh. You do something for it. You grant them the keilim, you go out to watch, you do something. But סתם אזוי ריחא דקיומא, there is no issur. Huh? A good kashya. Al kol panim, m'meila there is no problem of inyan of ריחא דקיומא. There is another she'eilah that they ask on the Alter Rebbe, and that is that the Mechaber says in סימן קל״א, no, the Rambam says in הלכות מלוה ולוה, פרק כ״ה, הלכה י״ג, that an ערב cannot be an ערב on דבר שאין לו קצבה, something that's not specific. And here we don't know how much the chametz is worth. We write in the שטר, you give a down payment, and after Pesach we're going to sit down and evaluate the chametz and we'll see, whatever it is, you'll have to pay. So ערב קבלן shouldn't, ערב shouldn't work. But that's not a problem either, because the Mechaber says in סימן קל״א that all the poskim, everybody argues on the Rambam and doesn't hold with the Rambam, and therefore this is not a problem. Shach talks about it באריכות. Mimeila, this is again not a problem.

So we're back that we need to have an ערב קבלן, the Alter Rebbe says, because according to דעת הרי״ף, in a case like this, without an ערב it wouldn't be קונה. כסף won't work, and if כסף won't work, it won't work not for the chametz, it won't work not for the מקום. So if it won't work not for the chametz, not for the מקום, the גוי won't be קונה the chametz, according to the שיטת הרי״ף. So therefore, you have to have an ערב קבלן, with ערב קבלן you got all your money. So l'poel, now let's get back to the עצם ענין. So how much קנינים do we make when we sell the chametz? We make קנין כסף, we have the שטר. Now כסף works say for the chametz and say for the מקום. According to the שיטה that כסף does not work by a גוי unless there's משיכה to it, or something else. Then you have the fact that it's קונה the חצר, that it's קנין אגב. Then what we do also is, huh? We give a handshake, which is tekias kaf, and tekias kaf is a kinyan, because, like we said before, when the velt makes up a kinyan, it's a kinyan. Then there's another thing, it's מסירת מפתחות. Giving a key is a kinyan. Now, giving a key, the way it used to be, they used to, every person that sold his chametz would give his key. And the Alter Rebbe says, if you don't give the key, the chashash is, it's a d'oraita of לא יראה ולא ימצא. But the Tzemach Tzedek says that it doesn't mean that if you don't give the key, you're not it does it's not koneh. What he means to say is, you know, because the Alter Rebbe says what happens is, if you don't give the key, then you're not letting him in, he can't get in, then the whole kinyan is a joke. He says the pshat is, if he asks for the key, and you don't give him. But stam if he doesn't ask, you don't have to give him. And in the shtar we write that all the places are open for you. Come anytime you want. Anybody, any address that you have here you want to come and take your chametz anytime of the Pesach, anytime, the whole year you could come. But that's not a problem. But there's another thing. You see, מסירת מפתחות besides opening it up for him, you have this is a form of a kinyan. So that we also do. The one person, the Rav, who is the one that actually signs the shtar, gives a key, his own key. So there's a key of מסירת מפתחות which is koneh the שכירות of the קרקע, which really, like we said before, you could have sold it, not rented, but you don't have to sell it. See, the chametz you have to sell, the place you don't have to sell. You tell the guy, \"I'm selling you chametz, chametz is sold forever. I'm letting you hold it in my house. Not my I'm renting to you the house for nine days, eight days of Pesach, one more day to get a chance to take him out. And afterwards, take your chametz and go.\" So you could rent it, but you could sell it. So we rent it, there's no reason. Even if you sell it, you'd have to do an ערב קבלן according to the Alter Rebbe. So that's what we do. So we have the kinyan of kinyan of kesef, shtar, we have the מסירת מפתחות, we have the קנין אגב. Then there is another possible kinyan, and that is קנין סודר, חליפין. Now, there is a big machloket in the ראשונים whether חליפין works by a goy. The Alter Rebbe did not mention קנין סודר. He does, but interesting, the Alter Rebbe says in the שטר that you have to make a קנין סודר with the ערב קבלן. In order that the seller of the chametz the sale should take take place, and he should get the ערבות of the ערב קבלן, you make a קנין with the ערב קבלן. But he doesn't mention at all בתוך in the שטר that you should make a קנין with the גוי for the sale of the chametz. And the reason is because the Alter Rebbe goes according holds according to the שיטה that קנין אגב קנין סודר does not help by a גוי. The שאלה is, why didn't he put it in ליתר שאת? The Maharil writes that even though my brother didn't put it in, I am נוהג to make a קנין סודר also with the גוי, because there are שיטות that hold that קנין סודר works. So it's a pele. בנוגע קנין כסף, where some hold it works and some not, the Alter Rebbe says do it anyway. But בנוגע סודר, obviously the Alter Rebbe holds much stronger that it doesn't work, and he doesn't mention it. So he doesn't mention the קנין, so we takeh so לפועל we do it. Some even add קנין אודיתא or דאיתא, I don't know how you pronounce it. If a person walks over to you in front of עדים and he says, \"I am מודה that I owe you money, or this and this is yours,\" automatically that is yours. הודאת בעל דין כמאה עדים דמי. So they get the גוי to say, the Alter Rebbe doesn't write this, to say the chametz is mine You get No, the Yid says to the I'm sorry, the Yid says to the גוי the chametz is yours, right, not mine, the chametz is yours. Saying the chametz By the fact that you're modeh, you're giving, that's another kinyan. And like I said before, קנין חצר the Alter Rebbe doesn't write, because the Alter Rebbe holds clearly that חצר does not work by a goy. But there are some that hold that חצר does work, and they also include But in our שטר it doesn't say, so we don't have to be frumer than the Alter Rebbe, but they also include קנין חצר. Since they gave him the place, so it's קונה with קנין חצר. The only things they write is that if you're קונה by קנין חצר, you have to make sure that the chametz should be נקנה after you קונה the חצר. Because there is a Shach, the Shach says that if you want to be קונה the חצר and the מטלטלין בבת אחת, the חצר will not be קונה. The Ketzos has a קשיא on the Shach from our Gemara. Our Gemara says Rabban Gamliel with the זקנים, he was מקנה to him the מקום and the מעשרות בבת אחת. So the Ketzos asks the קשיא on the Shach. The R'' Shimon Shkop wants to answer that he was מקנה him afterwards, not בבת אחת. First he was מקנה him the מקום, then he was מקנה the thing. The Ketzos mentions Such a possibility. And the Ketzos brings a ra'ayah that in this case it was בבת אחת, because the Gemara refers to this as דעת אחרת מקנה. Yeah, the Gemara, how is the חצר קונה, the Gemara says? One sevara is דעת אחרת מקנה. Why is it דעת אחרת מקנה? Who's the דעת אחרת? If we're gonna say that first he was makneh the מקום, the ma'aser, Rashi says, became like hefker, and he's זוכה מן ההפקר, it's not דעת אחרת מקנה! The chashivut that it's דעת אחרת is because he's makneh it together, zagt der Ketzos. But whatever whatever the terutz will be, b'fo'al the Shach says you can't be koneh it together. If you can't be koneh it together, so they say in this case you'll have to first be makneh the מקום, and then the chefetz, then the the chametz. The problem is, I'm just saying this, I didn't see this, you'll be soter yourself. You want to be מקנה בקנין אגב and בקנין חצר. In order to be קונה קנין אגב, that's קונה בבת אחת, the whole idea of אגב is as I'm koneh the... If you're קונה בקנין חצר, you have to be koneh later, according to the Shach. U-mimela, so we can't That's why the Alter Rebbe doesn't do it. So בפועל יוצא, חצר is not koneh. But על כל פנים, if you ask this case, why don't you add חצר for those שיטות? Because we don't, בדוקא don't want, because that will be סותר the קנין אגב. The emes is, just to finish in a second, it's not a real סתירה, because you could ask a sheilah the other way. You make many קנינים, aren't they סותר each other? Are you קונה it this way, or קונה that way? And there is even a big problem, we say befeirush, not a problem, we say befeirush that we don't want to be קונה with all the קנינים together, we're saying in case one is no good, the other one should work. So memeila you could say oib azoy in this case also, that either קונה before, if that doesn't work, קונה later, קנין חצר. But al kol panim, oyfn ponim, it looks like a סתירה, so why get into problems? Maybe that's why he doesn't do it. But בפועל, we do the other קנינים, and it's a real מכירה, there is no joke, it's not It belongs to the goy. In the שטר it says, if you want, you could translate it into English, take it to court, it should stand up in court, that's a real מכירה. איי, we know I'm gonna buy it back? So in Tosefta, that's exactly the case. What happened in Tosefta? He tells the goy: buy my chametz, and I'm telling you and he knows he'll buy it back. Why does he want And there's no problem, because he doesn't have to sell it back. He knows he wants to buy it back, fine! But the מכירה is a good מכירה, and therefore everything is fine. Not like some that hold that the מכירה is a הערמה, it's just like a The Alter Rebbe says clearly it's not a הערמה, and the Alter Rebbe says that there has to be a real מכירה, because even by חמץ דאורייתא, אזוי מיינט דאס דין, even חמץ גמור you're allowed to sell because it's a real, real מכירה. There are people who don't sell. They say that the Tzemach Tzedek, I heard once the Tzemach Tzedek used to specially leave over a little bit of משקה, and include it in the שטר מכירה, to show it's not a הערמה. Because mashkeh is chametz gamur. Mashkeh is not תערובת חמץ, משקה is chametz gamur, and he left it over because the kinyan works.