- Question: How does the Noda B’Yehuda differentiate between inheritance and a sale in regards to the mitzvah of not owning chometz?
A. Noda B’Yehuda (Mahadura Kamma Orach Chaim 20) writes that if one dies after the sixth hour and he did not sell or nullify his chometz, his inheritors don’t need to destroy it and it is permissible after Pesach since chometz is not property inherited by his children.
B. The Noda B’Yehuda (Mahadura Kamma 19) writes to answer for a Rambam in the first chapter of hilchos chometz and matzah that if it would not have been chometz it would belong to him therefore the pasuk of “bal yeraeh” should put it back into his possession on Pesach for the asking of attaining a prohibition, in a case of where a person buys chometz, which the halacha is he gets lashes, even though zechia, positive acquisition does not apply to object which are forbidden to get benefit from, but since the Torah reveals that it is his through the verse of “bal yeraeh” then it is considered money/property in regards to zechiah.
C. Acquisitions work even when not yours like by stealing.
Answer: Chametz on Pesach is only yours in regards to prohibition so it cannot work to inherit because it’s not monetarily yours, and Hashem won’t automatically put it in your possession if you didn’t play any role to get it. But in regards to a sale since you can acquire things illegally like by stealing then you can acquire it in regards to only having a prohibition as well, since you actively tried getting it.