Chometz and Renting the Spot Bava basra 84

Many of us know that when the Rabbi sells the Chometz to a gentile, the Rabbi performs a number of different types of Kinyanim (acts of transfer) to make sure that the sale of the Chometz is valid. The gentile does not actually perform a Meshicha – a pulling out of all the Chometz that the Jews are selling. Since this is the case, we are not sure which other type of Kinyan is effective for a gentile to acquire movable property from a Jew. Hence we do all of the different types. We also explain the different methods of acquisition to the gentile so that he will understand it. [This is why it may be better to use a gentile and Rabbi that have no serious language barriers between them].

One of the methods that is used is to “rent out the space” where the Chometz is stored to the gentile. Our Mishna (84b) discusses the idea of renting out the space in order to transfer possession of items.

The question is, however, how does “renting out the space” actually work? The Rashbam (earlier on BB 76b) explains that it works on account of the method of Kinyan known as Chatzer – acquisition through the yard.

The problem is that according to the Shach CM 202, Chatzer does not work for a gentile. Why? Because Chatzer works through Shlichus – being a messenger, and a gentile does not have Shlichus in a halachic sense.

So why do we perform this type of Kinyan at all?

One possible reason may be as follows:

The Rambam in his commentary to the Mishna in Maaser Shaini 5:9 indicates that “renting out the space” works because it is a form of pulling the item from the other’s property to your property. The Ran and Ritvah (also on 76b) seem to be learning this way too.
So actually in a legal sense, the gentile is actually pulling the Chometz into his property. It is the pulling that makes it work and not the fact that it is now in his property.
It would seem therefore that it would be appropriate to explain to the gentile that the method of Meshicha might be being used as well – in addition to the other explanations that the Rabbi provides.