We mentioned above a dispute if selling chometz to a non-Jew helps, if one continues to sell or use the chometz. This dispute is particularly relevant when it comes to buying whisky in duty-free in Ben Gurion Airport after Pesach. Unfortunately, many shops there are owned by Jewish owners who sell their chometz before Pesach, however, they remain open like normal, selling their regular chometzdika whiskeys over Pesach.
In regards to Ben Gurion Airport in particular, I saw an interesting Teshuvah from the Rishon LeTziyon R’ Shlomah Moshe Amar (brought in Kovetz Pe’amai Ya’akov, Nissan 5767, pg. 118). He writes: “The poskim speak at great length about Jews who don’t sell their chometz on Pesach, either due to unavoidable circumstances, or due to ignorance of the fact that it is forbidden to own chometz over Pesach. The question is, is one able to sell chometz on their behalf without them knowing, based on the principle of זכין לאדם שלא בפניו – “one can do something on behalf of another person, if it is beneficial”. The poskim cite proofs this way and that way.”
He then writes: “Since deep down every Jew wants to be saved from the prohibition of chometz, especially when there is no loss involved, everyone will agree that one can sell chometz on behalf of another Jew, especially as it is meritorious for him.”
He continues: ומזה מצאתי מזור ומרפא לחמץ שבחנוית הדיוטי פרי אשר בנמל התעופה שהם בבעלות יהודים והם מוכרים ויסקי גם בחול המועד פסח רחמנא ליצלן – “With this we have found some remedy for the chometz in the shops in duty-free in the airports which are owned by Jews, and they continue to sell whiskey on Chol HaMo’ed Pesach, rachmonah litzlon [G-d save us]."
R’ Amar then cites that his friend R’ Shlomah Zalman Revach spoke to the owners of duty free, and they said they are happy to sell their chometz to a non-Jew, but they refuse to stop selling on Chol HaMo’ed, as they don’t want to lose out on business.
R’ Amar continues, that selling the chometz helps at least for the chometz that duty-free doesn’t manage to sell over Pesach, and selling their chometz is a big savior for all the Jews who buy whiskey after Pesach.
R’ Amar writes that in 5766 he spoke to R’ Ovadia Yosef about the situation and he agreed that selling their chometz is a good idea.
Although, both R’ Ovadia Yosef and R’ Amar maintain that the sale of chometz in Ben Gurion Airport works, and that one may buy whiskey from duty-free after Pesach, it’s important to mention that there are those who heavily disagree. R’ Tzvi Ryzman (Ratz K’Tzvi) writes, that he spoke with HaRav Yochanan Chivas, the rav in charge of El-Al. Rav Chivas told him, someone once brought eight expensive bottles of whiskey from duty-free in Tamuz for Simchas Torah, and when the buyer found out that there may be a concern of chometz she’avar alav haPesach, he went with R’ Chivas to R’ Wosner and R’ Landau (הגרמי"ל) to ask about the bottles. Both R’ Wosner and R’ Landau paskened that they should be poured out, and although a big loss was involved there was no room to be lenient.
R’ Chivas also said, he thinks duty-free is different to the case of R’ Moshe Feinstein, as in R’ Moshe’s case, the shopkeepers want to sell the chometz, however, they can’t withstand the test of not selling chometz on Pesach. In the case of duty-free however, they said clearly that they want to continue business like normal and are not interested in the slightest to stop, and this makes the entire sale one big joke.
In Halichos Shlomah (Pesach, Perek 6, 9) it’s brought from R’ Shlomah Zalman Auerbach: “Everyone knows that signing a document is binding, therefore even if one doesn’t understand the sale, or what is written, we don’t reckon with what is in his heart, as words in the heart are not considered words.”
However, in the case of duty-free, the owners said clearly that they plan to continue business like normal, and it would seem that even R’ Shlomah Zalman Auerbach may hold that the sale is no good.
Important: During a regular year, people are worried about buying chometz in duty-free and are stringent for a certain amount of time after Pesach. In light of the dire situation going on in Eretz Yisroel there are a lot less people flying, therefore, it’s
