Question QUESTION: The Torah says that "No chametz can be found in all our dwelling place...
-So can you tell me if the halachah for "blocking off the Chametz in a cupboard and selling it to a Rabbi is still within the Torah's mandate...afterall it is STILL in the person's possession right? I don't understand.
ANSWER: This is a legal fiction which I disagree with. I might entertain the idea for someone whose livelihood depended upon it, but even then frown on the practice.
Do you have a Rav? Are you Baal Teshuva?
Shalom!
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QUESTION: I do have a RAV, but I was told to seek the Chabad website for more information and the details on Pesach. Legal fiction?
Answer R,
I certainly don't mind your questions, but sometimes there is no substitute for a more personal touch.
A legal fiction is a way of working around a prohibition. One example is the 1 in 60 rule which says that is the concentration of a prohibited substance is less than 1/60, it is no longer prohibited. In the case of Passover, selling one's prohibited substances to a non-Jew via a Rabbi or Shul and then having the Gentile renig on the transaction after Passover is over is a legal fiction. In all cases, I disagree strongly with legal fictions. In this case, better to plan and eat your chametz before the Holy Day, or give them to charity, is the best approach.
