About selling leaven
Many versions of the sale state that all leaven and suspected leaven are sold without any restriction such as location or marking. One believes that a certain product that is in dispute is leaven (citric acid, for example) and leaves it at home because he trusts that it is a gentile’s property because it is included in the sale at least under the definition of suspected leaven. His other believes that there is no concern about it and uses it on Passover and is not afraid that he is robbing the gentile to whom he sold it. Could both be right? thanks
Interesting question. In my opinion, this is perfectly fine, as in any halakhic dispute. This recognizes the (previous) condition that the thing is leavened. If the gentile wishes to exercise his ownership, it can be discussed and decided whether it is his or not. Everyone will act according to their halakhic understanding, as in any question of halakhic law, and if there is a conflict between positions, it is clarified in a court of law.
Thanks for the response. There are 2 questions here. 1. Is it appropriate to say in a sale that Kami Shmaya Galia knows whether it is a sale or not. 2. What is the meaning of the phrase “fear of leaven”? Apparently, Kami Shmaya, there is no such concept as “fear and doubt,” and in any case, it is a concept that is defined according to human understanding. Then it is natural to say that if there are many who forbid, then this is included in the concept of “fear and doubt.” Although it is possible that we should not be so precise about this, since in the end it is clear that the general intention is to be saved from the prohibition.
It has nothing to do with the Shamia. If something is leaven according to your opinion, then it is a drug. The same thing applies to another Jew who thinks it is not leaven, he is not a drug.
If the Gentile claims to you that it is a drug and you think it is not, go to court and let him decide.
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