Rav Moshe Feinstein: Leaving Your Chometz in Eretz Yisroel When Coming to America for Pesach
If a person has Chometz in Eretz Yisroel but is in America for Pesach, if the sale of his Chometz takes effect before the Zman Issur US time, it will have been in Eretz Yisroel after the Zman Issur. Is that a problem?
Rav Moshe Feinstein (Igros Moshe OC 4:94) says that pertaining to Issurim, the Zman Issur begins depending on the location of the person himself and not his chometz. However says Rav Moshe, regarding the Chometz being Assur B'Hana'a like all Chometz SheAvar Alav HaPesach, it will become assur by virtue of being in Eretz Yisroel when Pesach has already started there even if Pesach has not yet started in America for the owner.
He brings proof from a Cheiresh, Shoteh, and Katan, all of whom are exempt from ridding themselves of Chometz on Pesach yet their Chometz is assur after Pesach. We see that Chometz becomes assur irrespective of any aveira incurred.
Therefore suggests Rav Moshe, one should sell his chometz with a Rav in Eretz Yisroel whose sale will take effect before the Zman Issur in Eretz Yisroel. However he must also make sure that the Chometz does not become his on Motza'ei Pesach in Eretz Yisroel while it is still Pesach for him in America. He can do this by verbally informing the Rav that he is not making him a Shaliach to buy the Chometz back. This way when the Rav buys it back on Motza'ei Pesach the Rav is the owner. After that when Pesach is over the real owner can buy it back from the Rav.
Important Note: We bring this tshuvah as a starting point for discussion and not to convey any halacha. We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should learn the tshuva to verify the accuracy of our interpretation. Please understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.