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The Rov had an emergency on erev Pessach just before selling the chometz (medical episode e.g stroke/heart attack, life-threatening injury in a car accident, sudden death in the family or congregant etc).
This could easily happen!
During the crisis, he was disabled or too preoccupied with the emergency that it resulted in the chometz was never sold to the goy during the limited zman available to make the sale!
What is the status of all the chometz that was never sold?
What is the liability of Rov for failing in his shlichus? (In dinei Torah and/or l’havdil, civil damages)
Does he need to refund the money given to him (as a gift/tip while signing up for mechiras chometz)?
Does the Rov need to pay for all the chometz that became ossur (or can he say “haray shelcha l’fanecha)?
Such a situation must have happened somewhere throughout the generations!
Is this situation a concern?
Should a G-d Fearing Jew be machmir to make a secondary Rov as a shliach to sell my chometz – just in case? (Like appointing a back-up Kohen Gadol for Yom Kippur, in case the first becomes disqualified).
Is he a Shomer Chinom or a Shomer Sachor?
Or not a Shomer at all.
It makes more sense for the Rov himself to have a backup. If you’re really concerned, ask your Rov if he has a backup. If not then choose a different Rov.
Chometz she’ovar olov hapesach is a kenas, so in circumstances where a person did what he was supposed to do Chazal did not punish him.
The Noda Biyhuda says if someone’s chometz was stolen before Pesach and then it was recovered after Pesach, he can use it because he did nothing to be punished for. He says when the thief says “harei sheloch lefonecho” it means “go ahead and use it”.
I asked my LOR and just as I thought there is always a backup.
The shtar that I signed gave the Rov explicit permission to appoint another shaliach.
Try selling your car to someone after already selling it to someone else, just in case the first person backs out. Let me know how that works out.
So make sure your Rov has a backup.
Many Rabbonim ask you to give an estimate of how much chometz you have and specify where it is located (in addition to any other chometz you have)
Meno, why’d you need to sign a shtar? Appointing the Rov as your shliach to sell your chometz requires nothing more than making a simple kinyan (i.e. picking up an object.)
My Rov doesn’t trust me
I don’t either. But your kinyan still has halachic validity.
“What is the status of all the chometz that was never sold?”
Remains muttar, as this is an onus gamar.
” Do I have a chiyuv to worry that maybe the rov will mess up on the mechira. Similar to a Kohen Gadol that we prepare a back up for his avoda on Yom Kippur?”
No
Joseph,
He wouldn’t agree to be my shaliach unless I signed a shtar, because he doesn’t trust meThe standard shtar for mechiras chometz establishes the Rav as your shlyach to sell chometz. If the Rav was simply an unpaid shliyach, then Rav would not be liable for the chometz. However, most Rabbonim in the US are paid a salary and part of their contract includes the responsibility to sell the shul’s chometz every year. In that case, the Rav would be a “paid shliyach” and would be liable for the cost of any unsold chometz.
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