I’ll be in Israel from Rosh Chodesh Nisan until Chol Hamoed Pesach,” Mr. Laufer said to his Rav, Rabbi Goldman. “I’d like to sell my chametz before leaving.”

“I’m usually happy to sell the chametz for you, but not this year,” replied Rabbi Goldman. “When I sell the chametz here late morning, it will be late afternoon in Israel. According to many authorities you need to dispose of your chametz earlier, according to Israeli time.”

“So what should I do?” asked Mr. Laufer.

“I can give you the number of a Rav who sells chametz twice, once for those here and once earlier for those going to Israel,” replied Rabbi Goldman. “Or, you can sell your chametz through a Rav in Israel when you’re there.”

“I’ll sell when I get there,” Mr. Laufer said. “Anyway, I don’t know yet what chametz I’ll have there.”

After arriving in Israel, Mr. Laufer sold his chametz through the Rav of the community where he was staying. He and his wife experienced a wonderful Seder with their daughter and grandchildren who lived there. On Chol Hamoed they went to the Old City and davened at the Kosel.

The Laufers returned to the States and celebrated the end of Yom Tov with their family living there. “We sold our chametz through a Rav in Israel because of the time difference,” Mr. Laufer related at the table.

“That solved the problem at the beginning of Yom Tov, but what about the end?” asked one of his grandchildren. “When the Rav in Israel buys the chametz back after Yom Tov, it will still be Pesach here!”

Mr. Laufer thought for a moment. “I didn’t consider that,” he acknowledged. “I don’t know.”

Mr. Laufer met Rabbi Dayan towards the very end of Yom Tov. “I sold my chametz through a Rav in Israel,” he said. “My grandchild asked, though, what did I gain? The Rav already purchased the chametz back from the gentile, while it’s still Pesach here!”

“That is not a problem,” answered Rabbi Dayan. “Although the Rav in Israel purchased the chametz back from the gentile, who expressed his willingness to sell it, nothing requires you to acquire the chametz back at this time. A person cannot be forced to acquire something against his will” (B.K. 138a; C.M. 245:10).

“Thus, Shulchan Aruch writes that if a gentile brings a chametz gift to a Jew on Pesach, he should not receive it from him nor indicate that he intends to take possession,” continued Rabbi Dayan. “It is preferable that he state explicitly that he does not want his property to acquire for him” (O.C. 448:2; Mishnah Berurah 448:5-6).

“But doesn’t a person’s property acquire for him, even without his awareness?” asked Mr. Laufer. “Since the chametz is sitting in my house, wouldn’t I acquire it automatically?”

“A person’s property acquires only if the owner wants it to,” replied Rabbi Dayan. “However, the owner can decide that he does not want the property to acquire for him. This is certainly true where the acquisition would entail a prohibition, or if the person himself does not have the ability to acquire, since the property is considered like an agent of the owner” (Machaneh Ephraim, Kinyan Chatzer #4; Pischei Choshen, Kinyanim 8:[1]).

“The same is true in a case where one person acquired on behalf of another without his knowledge,” added Rabbi Dayan. “This is possible based on the principle zachin l’adam shelo b’fanav (one can acquire for another not in his presence), but the recipient can state that he did not want the person to have acquired for him” (C.M. 243:20).

“I should note,” concluded Rabbi Dayan, “that some Rabbanim stipulate with the gentile that they do not want to repurchase the chametz until the proper time comes for those from abroad” (see Mikra’ei Kodesh, Pesach I:76).

I gave my trousers to a tailor to repair a hem. The tailor works without a computer and relies solely on his memory. My trousers were missing and the tailor concluded that another customer must have taken my trousers that were on the counter beneath his.

Q: Is the tailor responsible for the lost trousers?

A: An uman (craftsman) who takes an object to repair it is a shomer sachar (paid custodian) and is liable even if the object is stolen or becomes lost. He remains a shomer sachar until the object’s owner is informed that the repair was completed (C.M. 306:1). The question is why an uman is categorized as a shomer sachar when he is paid to repair the object, not to be a custodian. A number of explanations for this halachah are offered (see B.M. 80b).

1.) Since the uman repairs the object on his property, he may retain it as collateral until he is paid. That allowance is sufficient benefit to categorize the uman as a shomer sachar. [It is possible that this rationale applies only when the uman indicated his intent to retain the object as collateral (see Tosafos, B.M. 81a, d”h hu).] Accordingly, if the customer prepaid for the repair, the uman would be categorized as a shomer chinam — unpaid custodian (Machaneh Ephraim, Shomrim 41, cited by Pischei Teshuvah 306:1).

2.) His position as a shomer sachar is due to the fact that the customer chose him rather than someone else who is qualified to make the repair (Sma 306:1, Tumim 72:3). Therefore, if there is no one else to make the repair, the uman would be categorized as a shomer chinam (Har Hakarmel, C.M. 2 and Kol Eliyahu 2:28).

3.) Anytime a custodian has another person’s object in his possession for his own benefit, he is categorized as a shomer sachar. Thus someone who rents an object is categorized as a shomer sachar since he has use of the object, even though he pays for that right. Similarly, since the uman has possession of the object to repair it to earn money, he is categorized as a shomer sachar. This rationale applies even if the uman is prepaid and is the only uman in town (Nesivos 72:7; Aruch HaShulchan 306:1; cf. Machaneh Ephraim, Shomrim 41).

All opinions agree, however, that once the customer is informed that the repair was completed, the uman is only a shomer chinam since he no longer benefits by retaining the object after the repair was completed and he is not retaining it as collateral for his fee (C.M. 306:1). In many instances, it is not even necessary for the uman to inform the customer that he completed the repair. Whenever the customer knows that the repair was completed, the uman is only a shomer chinam (See Rashi, B.M. 81a, d”h aval; Machaneh Ephraim, Shomrim 23; and Har Hakarmel). Therefore, if the tailor committed to complete the repair by a particular day, the customer realized that from that date and onward the tailor would only be a shomer chinam. One could suggest that nowadays, since craftsmen do not return repaired items until the customer pays, it is similar to the uman who informs the customer that he will retain the object as collateral and would remain a shomer sachar. On the other hand, perhaps it is necessary for the uman to actually verbalize his intent to retain the object as collateral (see Nesivos Sachir 36:[13] and Maaseh Uman 5:8).

Even when the tailor is categorized as a shomer chinam he is still obligated to pay if, depending on the circumstances, he was negligent (poshe’a).

Q: Does rental grant the renter aspects of ownership?

A: Rental is the acquisition of usage rights in another’s property, whether real estate or movable, for compensation.

“Rental is a sale for that day” (B.M. 56b), but this does not mean that the renter acquires temporary ownership of the rented item. Thus, a Kohen may not feed terumah to an animal that he rented. Similarly, one may not rent a house to a gentile who will bring idols into it, since the Jewish owner will still violate the prohibition “lo savi to’eivah el beisecha” (Mishnah Terumos 11:9; Y.D. 151:1; see, however, Shach 151:17).

The Rishonim dispute whether rental acquires only the usage rights, or also rights in the item itself for its usage. Thus, if a person betroths a woman with a rented ring, some say that he has no rights in the item itself, while others maintain that it is considered his for this use (Rambam, Hil. Sechirus 7:1; She’eilah U’pikadon 1:5; Maharsham 7:205; E.H. 28:19).