Q&A: On the Sale of Leavened Food
On the Sale of Leavened Food
Question
In many versions of the sale document it says that one sells all leavened food and anything suspected of being leavened, without any limitation such as location or marking. One person holds that a certain product about which there is a dispute is leavened food (citric acid, for example), and leaves it in the house because he relies on the fact that it is the non-Jew's property, since it is included in the sale at least under the category of suspected leavened food. His friend holds that there is no such concern and uses it on Passover, and is not worried that he is stealing from the non-Jew to whom it was sold. Could it be that both of them are right? Thank you.
Answer
An interesting question. In my opinion, this is perfectly fine, as with any halakhic dispute. It is a conditional sale, on the condition (retroactively) that the item is leavened food. If the non-Jew wishes to exercise his ownership, it would be possible to discuss and decide whether it is his or not. Each person should act according to his halakhic understanding, as with any question in Jewish law, and if there is a conflict between positions, it is clarified in a religious court.
Discussion on Answer
This has nothing to do with Heaven. If something is leavened food according to your view, then it is sold. That very same thing, for another Jew who thinks it is not leavened food, is not sold.
If the non-Jew claims against you that it was sold and you think it was not — go to a religious court and let it decide.
Thank you for the reply. There are 2 questions here. 1. Is it meaningful to say regarding the sale that before Heaven it is known whether this is a sale or not? 2. What is the meaning of the wording "suspected leavened food"? Seemingly, before Heaven there is no such concept as concern or doubt, and in any case this is a concept defined according to human understanding, so it is natural to say that if many authorities prohibit it, then it is included in the concept of concern and doubt. Still, perhaps one should not be too exacting about this, since in the end it is clear that the general intent is to avoid the prohibition.