Mishna Brurah Yomi

Hilchos Pesach 448:3 - Selling chametz to a non Jew

2006-04-10T12:00:00.000-07:00

448:3
The Shulchan Aruch says that chametz that belongs to a non Jew on Pesach becomes prohibited after Pesach even if he owned it by accident or against his will. However, if he sells it to a non Jew before Pesach, even if he knows the non Jew will not take it and just leave it in the Jew’s house until after Pesach and then return it, it will be permitted, as long as it was a valid sale and no condition was made that the non Jew has to return the chametz after Pesach. The Mishna Brurah 9 says that if a non Jew takes flour from a Jew without his knowledge and makes bread with it, that bread is permitted to eat after Pesach because that kind of owning chametz doesn’t make it prohibited after Pesach, since it was so out of his control. The Mishna Brurah 12 says that it’s necessary when selling the chametz to the non Jew to actually remove it from your possession, and if that’s too difficult because of the amount of chametz, the room itself should be rented to the non Jew and he should have access to the key, so that it doesn’t look like the chametz is still owned by the Jew. The Mishna Brurah 17 says that when selling the chametz to the non Jew, we try to sell it in the best way possible, which is done by having the non Jew actually pick up the chametz and pay some money for it, but he says that b’dieved it’s ok if he only pays money for it. The Mishna Brurah 19 says that if that’s not possible, it’s ok to sell the chametz to the non Jew with whatever is considered the normal way of selling things in that place and time, and even if the purchase is done with money, it’s ok for the non Jew to give a little bit up front and be responsible to pay the rest later. The Minchas Yitzchak 6:38 says that there’s no problem with selling your chametz to more than one rabbi, because one of the acts of selling will be the one to work. The Piskei Teshuvos footnote 14 says that according to the Chasam Sofer YD 310 the whole point of selling chametz to a non Jew is simply to show that you don’t want the chametz in your possession over Pesach, and therefore if you sell it more than once that should be ok.
The Har Tzvi OC 2:45 quotes the Pri Megadim who says that chametz that belongs to a minor should be prohibited after Pesach, even though they don’t violate any prohibitions, because the chachomim enacted the prohibition as a blanket rule on any chametz owned by a Jew over Pesach. However, in another place, the Pri Megadim says that chametz owned by a minor on Pesach would not be prohibited after Pesach, since he didn’t violate any prohibition. The Har Tzvi answers that the Pri Megadim is talking about two different minors, where a child under the age of basic understanding doesn’t make chametz owned by them prohibited after Pesach, but a child that has reached the age of basic understanding does prohibit their chametz after Pesach.

Hilchos Pesach 448:1-2 - Chametz owned by a Jew and non Jew, a non Jew that gives a gift of chametz to a Jew on Pesach

2006-04-10T11:59:00.000-07:00

448:1
The Shulchan Aruch says that chametz that belongs to a non Jew wouldn’t be prohibited after Pesach. The Mishna Brurah 2 says that ownerless chametz would also be permitted after Pesach. The B’tzel HaChachma 6:95 says that similarly if a charity owns chametz and doesn’t sell it before Pesach the chametz remains permitted after Pesach, because it isn’t considered their chametz.
The Mishna Brurah 2 says that if a Jew and a non Jew own chametz in a partnership, after Pesach the portion of chametz that belongs to the Jew will be prohibited and the chametz of the non Jew will be permitted.

448:2
The Shulchan Aruch says that if a non Jew brings a Jew a gift of chametz on the last day of Pesach, the Jew has to refuse the gift and make it clear he doesn’t want it. The Mishna Brurah 3 says that it’s the same thing if the non Jew brings it on the other days of Pesach.

Hilchos Pesach 447:11-12 - Chametz in a mixture after Pesach, Chametz nukshe in a mixture

2006-04-10T11:58:00.000-07:00

447:11
The Shulchan Aruch says if chametz is in a mixture and was not disposed of on Pesach, or it was not disposed of on Pesach and then fell into a mixture, after Pesach it can be nullified in a mixture 60 times its amount. The Mishna Brurah 105 says that if chametz was not disposed of on Pesach and became prohibited after Pesach, some opinions hold that as long as it fell into a mixture that was greater than itself it would be permitted and to avoid a monetary loss one could rely on those opinions.

447:12
The Shulchan Aruch says that chametz nukshe that wasn’t disposed of before Pesach doesn’t become prohibited to benefit from after Pesach. The Mishna Brurah 107 quotes two opinions whether it can be eaten after Pesach as well.

Hilchos Pesach 447:8-10 - Cutting olives with a non Pesach knife, when chametz makes the mixture taste bad

2006-04-10T11:56:00.000-07:00

447:8
The Shulchan Aruch says that if olives were cut with a clean non chametz knife, then even if they were soaked in a utensil that was used for chametz, as long as the utensil hadn’t been previously used for 24 hours the olives would be permitted. The Mishna Brurah 89 says that if the knife was not a non chametz knife, then even if it was clean the olives would be prohibited, since the olives are considered sharp and can take the chametz taste out of the knife, even if the knife hadn’t been used for 24 hours. However, if before Pesach the olives were all cooked together after they were cut, they would be permitted since the taste of the chametz would be evenly distributed among all the olives and would be nullified. The Mishna Brurah 90 explains that the reason soaking the olives in a chametz pot is ok is because the water weakens the sharpness of the olives, but if the water is not greater than the olives, it wouldn’t weaken the sharpness and it would still be prohibited. Similarly, if the olives sit in the pot for a long time, the sharpness can come back and draw the chametz taste into them and so they should be taken out before that happens.

447:9
The Shulchan Aruch says that even though normally when there’s a mixture of dry things an object can become nullified just by being less than the rest of the mixture, and you don’t need sixty times the amount to nullify it, when it comes to chametz it never gets nullified, but he quotes an opinion that says that chametz is similar to other prohibitions with regards to a dry mixture. The Mishna Brurah 95 says that we hold like the first opinion, but if one piece of chametz fell into a mixture of other pieces and someone ate one piece from that mixture, you can assume the chametz was eaten and the rest of the mixture becomes permitted.

447:10
The Shulchan Aruch says that chametz taste that makes a mixture taste bad won’t prohibit the mixture even on Pesach, but the Rama argues and says that it does prohibit the mixture even if it is only a slight amount. The Mishna Brurah 97 says that if the chametz is completely spoiled, to the point of being like dirt, then even though it itself is still prohibited to eat, if it gives taste to a mixture even the Rama will agree it won’t prohibit the mixture. The Piskei Teshuvos says that if something was cooked in a chametz pot before Pesach which hadn’t been used for 24 hours and the taste of the chametz is considered bad, since the food absorbed the tastes before Pesach, even the Rama would be lenient to allow the food to be eaten.

Hilchos Pesach 447:5-7 - Foods that were salted with chametz or ground in a non pesach grinder

2006-04-10T11:54:00.000-07:00

447:5
The Shulchan Aruch says that meats, fish and cheeses that were salted before Pesach and weren’t watched since are still permitted to eat on Pesach, but if they were stored in water in chametz utensils on Pesach, they shouldn’t be eaten because the taste of the chametz from the utensils gets absorbed into the foods. The Mishna Brurah 39 says that the Shulchan Aruch is lenient on salted foods even if they were salted in chametz utensils, and we don’t say that the salt drew the chametz out of the utensils into the foods. The Mishna Brurah 41 says that even if the salt did transfer some of the chametz taste into the foods, since it was salted before Pesach the chametz taste became nullified. The Rama argues and says that the custom is to be strict about salted foods, and the Mishna Brurah explains that even though the chametz taste was nullified before Pesach, it was re-awakened on Pesach. The Mishna Brurah 47 says that the custom is to not eat salted foods even if they were salted in Pesach utensils, if you weren’t careful to check that there was no chametz in the utensils. The Rama says that if the salted foods were washed three times before Pesach, the custom is to allow them to be eaten. The Biur Halacha says that soaking it for a half hour would also be fine. The Mishna Brurah 50 says that this won’t work for foods that aren’t normally washed, because we would worry that the person would forget to wash the foods, and he says that this includes all salted fish like herring. The Rama says that b’dieved if these foods were cooked they can be eaten if they won’t last till after Pesach, and if they are in a mixture they won’t prohibit the mixture. The Rama says that any food cooked in a chametz pot would be prohibited to eat on Pesach, but it would be permitted on the last day of Pesach, since it’s only d’rabbonon. However, if any of these foods fell into a mixture on Pesach, you can be lenient to allow eating the mixture. The Mishna Brurah 65 says that this is even if it falls into a mixture that isn’t large enough to nullify it. He gives two reasons, either because some hold that when the chametz taste transfers from the chametz into the pot and then the pot into the food, it loses its potency, and also because perhaps the chametz pot wasn’t used for chametz within 24 hours and then everyone would agree that the chametz taste loses its potency, but he says that you need both reasons to be lenient and if you know that the chametz pot was used within 24 hours of cooking this food, if it would fall into a mixture it would make the whole mixture prohibited.

447:6
The Shulchan Aruch says that salt that was put in a grinder can be used to salt meat on Pesach. The Rama explains that we don’t have to worry that the salt absorbed some chametz taste from the grinder, and the Biur Halacha says that’s only true in a grinder that is only used for salt, but salt that is placed in a regular chametz utensil shouldn’t be used for salting things on Pesach.

447:7
The Shulchan Aruch says that unripe fruit that was ground up in a grinder that was used for chametz can be eaten on Pesach, and the Rama explains that as long as the grinder was clean, we don’t have to worry about chametz taste getting into the fruit since it was cold. However, if it was cut with a knife that was used for chametz, then it would be prohibited, because you have to assume that the knife wasn’t perfectly clean, but if it fell into a mixture of other foods, you can eat the mixture. The Mishna Brurah 81 quotes opinions that fruit is considered something sharp that can draw the taste out of the utensil and therefore would be a problem to eat if ground up in a chametz grinder, but he says that if the grinder is used primarily for non chametz items the fruit should be ok.

Hilchos Pesach 447:3-4 - Putting hot food on a chametz plate, chametz that was nullified can still present a problem

2006-04-10T11:52:00.000-07:00

447:3
The Shulchan Aruch says that if you were to find a cooked chicken on Erev Pesach with a grain of wheat inside of it, you can allow it to become nullified, but if it was cooked again on Pesach, it will prohibit the entire chicken. The Rama quotes two opinions about whether this is true if it was cooked in a kli sheni, and says that one should try to be strict about this, if the water is very hot. The Mishna Brurah 24 says that a solid piece of food is always treated like a kli Rishon and you would always have to be strict about it, and says that this would apply to putting a hot piece of food on a chametz plate.

447:4
The Shulchan Aruch says that there are two opinions regarding whether something that became nullified before Pesach can re-awaken and prohibit the mixture on Pesach. The Rama says that we are lenient when it comes to a mixture of two liquids, but we are strict when it comes to a mixture with solids. The Biur Halacha explains that as long as the chametz is liquid, then even if the other item is solid the Rama would be lenient. The Mishna Brurah 20 says that the Rama is only strict if the original chametz item is still there, but if there was a mixture of solids and liquids, and the solid chametz was removed before Pesach, we are not strict even though the taste of the solid chametz may still remain. The Mishna Brurah 33 quotes opinions that say that even a mixture a solids and liquids can re-awaken on Pesach only if it’s cooked again on Pesach, but not if it remains that way it was.

Hilchos Pesach 447:1-2 - A mixture that contains chametz

2006-04-10T11:50:00.000-07:00

447:1
The Shulchan Aruch says that a mixture that contains chametz is prohibited to eat and derive benefit from, even if there’s only a miniscule amount of chametz in the mixture. The Mishna Brurah 1 says it’s only m'derabonon that chametz isn’t nullified in a mixture no matter how little there is, because m’deoraysa it is nullified when it is less than one sixtieth of the mixture. The reason for this new d’rabonon is either because chametz is so dangerous since it carries with it a punishment of kares and people aren’t used to staying away from it, or because it’s something that will eventually become permitted and the chachomim didn’t want to allow something to be nullified if eventually it will become permitted on its own. The Mishna Brurah 2 says that if there are other factors to be lenient, it’s possible to rely on the opinions that chametz is treated like other prohibitions and can be nullified. The Shaarei Teshuva 467:30 says that chametz owned by a non Jew would not prohibit a mixture if it could be nullified in sixty times its amount, but the Avnei Nezer OC 374 argues and says that’s incorrect. The Shulchan Aruch says that it’s only in regard to making a mixture prohibited with even a small amount that chametz is different from other prohibited foods, but with regards to situations where we normally would not prohibit the entire item, such as if one hot food touches another where we only prohibit the one spot where the two touched, chametz is treated the same way and if a hot piece of chametz touches a piece of food, it would only prohibit the spot where the two touched.
The Rama quotes two opinions about whether we are lenient or not with regards to the aroma of chametz getting in a mixture of food, and he says that everyone will agree that not all foods emit an aroma and with regards to what can emit an aroma we treat chametz like any other food. The Mishna Brurah 13 says that we hold like the lenient opinions that the aroma of chametz won’t prohibit other foods.
The Mishna Brurah 4 says that if you cooked a mixture with chametz on Pesach, the utensils remain permitted to use after Pesach.
The Beer Heitev 1 quotes the Ari Z”L that says that if one is careful about the prohibition of chametz to avoid even the slightest amount of chametz, one will be guaranteed to not sin the rest of the year. The Piskei Teshuvos 4 quotes an explanation that it’s only if you are careful to be strict according to opinions that you don’t have to be strict for.

447:2
The Shulchan Aruch says that if chametz gets mixed up with other foods after the sixth hour on Erev Pesach but before nightfall, it gets treated like other prohibitions and can be nullified in a mixture. The Rama adds that during this time period we are also lenient when it comes to chametz which causes the mixture to taste bad. The Biur Halacha points out that there were two reasons given for why chametz is usually not nullified, either because of the punishment of kares or because it will eventually become permitted anyway, and says that the Shulchan Aruch clearly seems to only hold like the first reason to be lenient on Erev Pesach. The Mishna Brurah 14 says that if the person mixed the chametz in on purpose, then it would prohibit the entire mixture. The Mishna Brurah 15 says the reason we allow chametz that is mixed in before nightfall to be nullified is because there is no punishment of kares for eating it then, and he says that therefore a mixture of kitnios can always be nullified on Pesach and is not treated like a mixture of chametz, since there is no kares for eating kitnios. The Mishna Brurah 16 says that even if the mixture is nullified on Erev Pesach, if it’s not eaten before nightfall it will become prohibited again like any other mixture of chametz on Pesach.

Hilchos Pesach 446:1-4 - Finding Chamtez on Chol Hamoed

2006-04-10T11:47:00.000-07:00

446:1
The Shulchan Aruch says that if you find chametz in your house over Chol Hamoed, you need to take it out and burn it immediately. The Mishna Brurah 435:5 says that you would make a bracha on that burning. However, the Piskei Teshuvos quotes opinions that since we sell our chametz to the non Jew with the intention of selling everything we may own, any chametz found over Yom Tov isn’t considered yours anyway and therefore no bracha should be recited on burning it. Some say that based on this reasoning one shouldn’t be allowed to burn the chametz at all because it belongs to the non Jew, and therefore if it’s found it should be put away with the rest of the chametz that you sold. The Shulchan Aruch says that if it’s on Yom Tov, you should put a pot over it to cover it and after Yom Tov take it out to be burnt. The Rama explains that you can’t move the chametz on Yom Tov because of muktza and you can’t burn it either. The Biur Halacha says that even though the chametz is muktza, if it’s in your hand already you don’t have to drop it and you can take it to someone to be disposed of. The Mishna Brurah 6 quotes opinions that argue with the Shulchan Aruch and say that if it’s chametz that you didn’t do a bitul on, where the prohibition of owning it is m’deoraysa, then even on Yom Tov you would be allowed to move it and burn it. The Mishna Brurah 7 says that if it’s chametz that you have done a bitul on, then you can still ask a non Jew on Yom Tov to take it out of the house, but most people don’t do this and just cover it with a pot. The Biur Halacha says that if you find chametz on the street, you shouldn’t pick it up, because picking it up is an act of purchase and the chametz will become yours, but the Piskei Teshuvos 3 quotes two opinions whether there is a requirement to move the chametz to the side so people don’t step on it.

446:2
The Shulchan Aruch says that some say that Yom Tov Sheni has the status of Chol HaMoed with regards to finding chametz. The Mishna Brurah 8 says that most opinions disagree with this and say that it has the status of Yom Tov Rishon.

446:3
The Shulchan Aruch says that if chametz rolled from the roof of a non Jew to the roof of a Jew, you should just push it off with a stick, unless it is Shabbos or Yom Tov in which case you should cover it with a pot. The Mishna Brurah 10 says that you can’t touch it with your hands because it may lead you to eat it.

446:4
The Shulchan Aruch says that if you find bread in your house and you aren’t sure if it’s chametz or matza, you can assume it’s matza because that’s the time period that you are in. However, if it’s decayed to the point where it could not get that decayed just over Pesach, you have to assume it’s chametz from before Pesach. However, if there’s any way to explain how it got that decayed just over Pesach, you can rely on that explanation to say that it’s matza. The Mishna Brurah 12 says that this question was only relevant in the time of the Shulchan Aruch when they made very thick matza that could be mistaken for bread. The Biur Halacha says that this whole discussion is only relevant for finding it after Pesach, but on Pesach where the punishment for eating chametz is very severe, you can never assume it is matza.

Hilchos Pesach 445:1-3 - Destroying your Chametz

2006-04-06T07:37:00.000-07:00

445:1
The Shulchan Aruch says that getting rid of chametz can be done in many ways, such as burning it, crumbling it and throwing it into the wind, or throwing it into the ocean. The Mishna Brurah 5 says that you can’t throw it to animals to eat, even if the animals aren’t yours, because it’s considered benefiting from the chametz, but you can throw it to a place where it is considered garbage, even if you know animals will arrive at some point to eat it. The Rama says that the custom is to burn it. He also says that the custom is to burn it during the day, but if you want you can burn it right away after the bedika at night. The Mishna Brurah 7 quotes a reason to burn it during the day because that way you will remember to do a bitul then as well. He also advises using the hoshanos from sukkos to burn the chametz, since it’s proper to take something that was used for a mitzvah to do another mitzvah with.

445:2
The Shulchan Aruch says that if you gave your chametz to a non Jew before the beginning of the sixth hour of erev Pesach, you wouldn’t have to get rid of it. The Mishna Brurah 9 says that if you have a non Jewish worker that you normally have to feed, you can give him all your chametz before the sixth hour, even if he will be eating it during Pesach as well, but you can’t give it to him explicitly as his food for all of Pesach. The Mishna Brurah 10 says that you shouldn’t give all your chametz away to a non Jew on erev Pesach and you should keep some to fulfill the mitzvah of burning chametz.
The Shulchan Aruch says that if you burn the chametz before the sixth hour of erev Pesach, you can derive benefit from the ashes and coals, but if you burn it after that, you can’t, and if you bake bread with those coals, the bread would be forbidden to eat. The Mishna Brurah 13 says that even if that bread gets mixed up with many other pieces of bread, all the pieces of bread are prohibited if you don’t know which one it was. However, you can sell the bread to a non Jew if you subtract from the price the added value it got by being cooked with the chametz. The Mishna Brurah 14 says that you can’t use the coals to heat yourself with either.

445:3
The Shulchan Aruch says that before the chametz becomes prohibited you can throw it into an area where birds are commonly found, but if you find some chametz still there after the time it is prohibited, you would have to burn it. The Mishna Brurah 17 says that you can only throw it to the birds if they are in a public area, and not in your backyard, and the Mishna Brurah 18 says that many argue with the Shulchan Aruch and say that since you threw it into a public area to the birds, even if they didn’t eat it you aren’t responsible to get rid of it because by throwing it into a public area, you are relinquishing ownership of it, but he says it’s better to explicitly say you are giving up ownership of it.
The Rama says that if you didn’t find any chametz during the bedika, you should burn the utensil you were using to look for chametz, so you don’t forget the mitzvah of burning chametz.

Hilchos Pesach 444:5-8 - Erev Pesach on Shabbos

2006-04-06T07:36:00.000-07:00

444:5
The Shulchan Aruch says that if you still have chametz left in your house, you should be mevatel it, and put a pot over it until after Yom Tov when you can burn it. The Mishna Brurah 21 says that this is only if there’s no non Jew to give it to or a dog to feed it to, because if there is, that would be a preferred option.

444:6
The Shulchan Aruch says that you have to do a bitul on Shabbos even though there is no longer any chametz in your house. The Mishna Brurah 22 says that this is even if you did a bitul on Friday.

444:7
The Shulchan Aruch says that if someone is walking to perform a mitzvah on erev Pesach and realized that they forgot to get rid of the chametz in their house, if there’s still time to go back, get rid of the chametz and still do the mitzvah, one should go back and get rid of it, but if there won’t be time, you should just do a bitul from where you are. If someone is walking to save a life, then regardless of whether there is time to go back or not one should just do a bitul and continue on. However, if someone is walking for personal reasons, he should go back to the house to get rid of the chametz, unless there’s less than an egg volume of chametz in the house, in which case you should just do a bitul wherever you are. The Mishna Brurah 26 says that the same rules apply whether you know there is chametz in your home or just aren’t sure if there’s chametz. The Mishna Brurah 29 says that this is all true when you still have the ability to do bitul, which is until the end of the fifth hour on erev Pesach, but if you remembered after that, since bitul will no longer help you have to go back to your house to get rid of the chametz, because the mitzvah of getting rid of the chametz takes precedence over all other mitzvahs in the Torah.

444:8
The Shulchan Aruch says that if you have dough in your house and you aren’t there, and you are worried it will rise and become chametz, you should do a bitul wherever you are. However, that only helps before it becomes prohibited, but once it becomes prohibited a bitul will not help and it will be prohibited.

Hilchos Pesach 444:1-4 - Erev Pesach on Shabbos

2006-04-06T07:33:00.000-07:00

444:1
The Shulchan Aruch says that if erev Pesach is on Shabbos, the bedika should be done on Thursday night, and before Shabbos you should dispose of all chametz except for what will be needed for two Shabbos meals. The Mishna Brurah 1 says that this bedika is done with a bracha. The Piskei Teshuvos 1 discusses the case of someone who forgot to do a bedika before Shabbos, and quotes different opinions about whether one could ask a non Jew to light or even carry a candle for the purposes of the bedika, or whether one should do a bedika the next day without a candle.
The Shulchan Aruch explains that it’s only two meals because Seudat Shlishit is supposed to be eaten in the afternoon when chametz is already prohibited, so it will have to be made with egg matza, since regular matza can’t be eaten on erev Pesach. It also has to be eaten before the tenth hour of the day. The B’tzel HaChachma 3:110 says that if one needs to, one can use matza for the morning meal as lechem Mishna without eating it. The Rama says that the custom is not to eat egg matza, and therefore Seuda Shlishit should be made from with fruits and meat and fish only. He references the Shulchan Aruch 391:5 who quotes different opinions about whether one needs bread for Seudat Shlishit, or if mezonos is enough, or if even fish, meat and fruit are enough, and the Rama there says that in a situation like erev Pesach on Shabbos where there are no other options, one can rely on the lenient opinions. The Mishna Brurah 8 suggests taking the morning meal and splitting it in half to fulfill having Seudat Shlishit with bread, but says that you have to make sure you have a real break between the two meals so it isn’t a bracha l’vatola. The Mishna Brurah 4 advises davening Shacharis very early so you have plenty of time to do what you need to do before chametz becomes prohibited. The Piskei Teshuvos 4 says that if someone woke up late and there isn’t enough time to daven before chametz becomes prohibited, the person will have no choice but to daven and skip the morning meal, because even in this situation there is no way to allow eating before davening. However, he does say that one can rely on the opinion of the GR”A with regards to determining the fifth hour, even though normally we are strict according to the definition of the MG”A.

444:2
Even though in a situation of erev Pesach on Shabbos where the bedika and biur are done on Friday, and technically the chametz can be burnt all Friday afternoon, the Shulchan Aruch says that you should burn your chametz before midday on erev Shabbos, so that you don’t get confused other years and think that you can burn your chametz after midday. The Biur Halacha says that one can eat chametz all day on Friday, but the Piskei Teshuvos footnote 57 quotes a custom among the Belzer Chassidim to not eat chametz on Friday until the Shabbos meals. The Rama says that the bitul should be done on Shabbos. The Mishna Brurah 10 says that you don’t have to do a bitul on Friday when you are burning the chametz, because you are doing a bitul the next day anyway.

444:3
The Shulchan Aruch says that you should not cook foods for Shabbos on erev Pesach that contain chametz. The Mishna Brurah 11 explains that it’s a problem if it will stick to the pot and won’t come off easily, because since you no longer need the pots on Shabbos, you aren’t allowed to wash them and you will have chametz in them over Pesach. The Rama says that if you do make food like that and it doesn’t easily come off the pot, you can wash it to get the chametz off, and the Mishna Brurah 14 explains that because of the prohibition of chametz we allow you to wash the pot, but it would still be better to have a non Jew wash them. The Mishna Brurah also says that nowadays the custom is to avoid this issue altogether by having hot foods for that Shabbos in utensils that will be used on Pesach, and to only cook things that are free of chametz.

444:4
The Shulchan Aruch says that after you finish your Shabbos meal, you should shake out the tablecloth and wipe off the dishes and put them away with the rest of your chametz. If there is any chametz left, it can be given to a non Jew, but only on condition that he not walk out into public with it, and it has to be a small amount, so it doesn’t look like you asked the non Jew to carry it on Shabbos for you. The Mishna Brurah 20 says that if you accidentally have a lot of chametz left in your house, you can give it to a non Jew on Shabbos as a present, even though normally it is prohibited to give presents on Shabbos, for the sake of a mitzvah it is permitted. The Mishna Brurah quotes two opinions about whether you can sell it to a non Jew, whether it’s a problem of commerce on Shabbos or not.

Hilchos Pesach 443:2-3 - What to do with another Jew's Chametz on erev Pesach, using chametz to buy something on Pesach

2006-04-06T07:31:00.000-07:00

443:2
The Shulchan Aruch says that if you had another Jew’s chametz in their possession, and they haven’t claimed it before the fifth hour of erev Pesach, you can sell it to a non Jew, and if it wasn’t sold, it has to be destroyed, even if you aren’t responsible for the chametz. The Mishna Brurah 12 says that even if the chametz was your responsibility to watch, you aren’t liable if you destroy the chametz for not selling it to a non Jew, because it’s not your responsibility to sell it to a non Jew. The Mishna Brurah 14 quotes an opinion that you have to burn the chametz even though it not yours and you aren’t responsible for it because you have to ensure the owner doesn’t violate owning chametz, and quotes an opinion that there is a requirement from the Torah for a Jew to burn all chametz in his possession, even if not his.

443:3
The Shulchan Aruch says that if one were to purchase something by trading chametz for it after the sixth hour or erev Pesach, the object isn’t prohibited, because the prohibition of the chametz doesn’t transfer into the money it can equate into. The Mishna Brurah 16 quotes opinions that argue and say that the owner of the chametz is prohibited from using the object he bought with the chametz as part of a rabbinic punishment for not being careful to sell it beforehand. However, it’s only prohibited to the owner if he traded the chametz for the object, but if he simply gave the chametz to the owner and later on received the object, it wouldn’t be prohibited. The Piskei Teshuvos 3 says that if the person received a check for the amount of the chametz, it would be considered as if he received something later on, because a check is only considered a guarantee of payment, not actually payment, and therefore even according to those opinions in the Mishna Brurah the money would be permitted.

Hilchos Pesach 442:10 - 443:1 - Mouthwash, utensils used to make bread, the time that chametz becomes prohibited on erev Pesach

2006-04-06T07:29:00.000-07:00

442:10
The Shulchan Aruch says that you can write with ink that’s made with wheat. The Mishna Brurah 44 says that the ink is definitely not edible for a dog, but it only is permitted if the ink was made before Pesach, but if it was made on Pesach it would be prohibited to write with. The Mishna Brurah 45 says that if it was made before Pesach it would be permitted even though it’s normal for someone to put a pen in their mouth when writing, and that we aren’t worried the person will put the pen in his mouth. The Piskei Teshuvos 10 says that it would seem that if you were to put the pen in your mouth it would be a problem, even though the ink isn’t edible, and quotes opinions that argue and say that even putting the pen in your mouth is permitted, and he says that therefore there should be no problem with using mouthwash with chametz in it, since it’s not normally eaten and a person will normally spit it out.

442:11
The Shulchan Aruch says that bowls that are used to knead dough can’t be kept over Pesach, because washing them won’t remove all the chametz, and therefore they have to be given to a non-Jew until after Pesach. The Mishna Brurah 47 says that the only time these utensils are problem is when they are made out of pieces of wood, but if they are made out of a solid piece of wood, then cleaning them would be enough to allow them to be kept, but you would still have to kosher them in boiling water if you wanted to use them over Pesach. The Rama adds that it’s a good idea to get rid of the utensils that hold flour or bread during the year. The Mishna Brurah 49 says that all utensils that are used as part of the bread making process should be treated this way.

443:1
The Shulchan Aruch says that m’deoraysa chametz is prohibited from the end of the sixth hour of erev Pesach. The Mishna Brurah 1 says that nevertheless one doesn’t violate the prohibition of owning chametz nor does one receive kares for eating chametz until it is actually Pesach, and on erev Pesach one simply is not fulfilling the positive mitzvah of getting rid of chametz. The Shulchan Aruch says that m’derabonon chametz is prohibited to be eaten from the beginning of the fifth hour, but one is permitted to derive benefit from it until the beginning of the sixth hour, such as selling it to a non Jew or feeding it to an animal. The Mishna Brurah 3 says that the purpose of this d’rabbonon is because on a cloudy day it’s hard to tell when the end of the sixth hour is and one may come to get confused. The Rama says that these hours should be based on the length of the day, by dividing the time of day into twelve parts, but quotes opinions that say that one should stop eating chametz 120 minutes before the end of the sixth hour, which can lead to having more time to eat chametz on a day when there is a lot of daylight and the halachic hours are longer. However, he quotes an opinion that one would be able to eat chametz until two regular hours before the end of the sixth hour, which would allow for more time to eat chametz on a day with more daylight hours. The Biur Halacha says that on a day with fewer daylight hours, that opinion would agree that chametz can still be eaten until the beginning of the fifth hour, even though it may be less than two hours before the end of the sixth hour. The Mishna Brurah 9 says that we don’t hold like that opinion, but if someone forgot to sell their chametz they can rely on that opinion to get a little more time. The Biur Halacha quotes opinions that b’dieved, if one sold his chametz to a non Jew after the sixth hour before Pesach started, it wouldn’t be prohibited after Pesach. The Igros Moshe OC 4:94 says that if someone is in America and owns chametz in Israel, even though technically one isn’t required to get rid of their chametz until the sixth hour in America, and one only violates the prohibition according to the time in America, one should still get rid of that chametz before the sixth hour in Israel because otherwise it will become prohibited after Pesach, because chametz that was in the possession of a Jew on Pesach becomes prohibited even if the owner doesn’t violate any prohibition by owning it, such as the chametz that belongs to a minor.

Hilchos Pesach 442:6-9 - Chametz stuck in cracks, spoiled chametz

2006-04-06T07:27:00.000-07:00

442:6
The Shulchan Aruch quotes the custom to scrape the chairs that may have touched chametz, and says that there is a rational basis for the custom. He also says that if there is chametz in a crack that you can’t reach, you should just put some cement over it to cover it up. The Mishna Brurah 29 says that this works even if the chametz is very large.

442:7
The Shulchan Aruch says that if there are pieces of dough stuck in the cracks of a bowl, if any of the pieces is more than an olive volume, it has to be removed. If not, then if the pieces of dough are there to plug up the holes and cracks in the bowl, they are considered part of the bowl, but if not, they have to be removed as well. The Mishna Brurah 33 quotes a dispute whether this is true even if all the small pieces don’t add up together to an olive volume, but he says that if the pieces of dough are dirty and not edible, then everyone would say that since they don’t add up to an olive volume you don’t have to get rid of them.

442:8
The Shulchan Aruch says that if there are two pieces of dough and each one is half an olive volume, if there’s dough that connects them and it wouldn’t break if picked up, then they are considered one piece and you must get rid of it. He says that if the two pieces are in the same house, then either way you would have to get rid of them, because it’s likely someone will gather them together. If they are in two houses, the Mishna Brurah 37 quotes two opinions about whether the pieces would have to be part of the wall of the houses to be considered separate and to not be required to remove them. He says that either way you would need to perform a bitul.

442:9
The Shulchan Aruch says that chametz that became spoiled or burnt before Pesach to the point of being inedible to a dog can be kept on Pesach. The Biur Halacha says that although with other prohibited foods once the food is no longer edible for a person it isn’t considered food, when it comes to chametz it would still be prohibited because it can still be used to cause dough to rise and become chametz, and therefore needs to be spoiled to the point where a dog wouldn’t eat it. The Shulchan Aruch also says that if chametz was designated for sitting on and was covered with cement it can be kept on Pesach. The Mishna Brurah 41 says that this is referring to someone who has a large block of chametz. The Mishna Brurah 42 says that this is true even if it’s still edible, because setting it aside for sitting on and putting cement on it makes it clear that you don’t consider it food anymore. The Mishna Brurah 43 says that even though you can keep these things over Pesach, and even derive benefit from it, you can’t eat it over Pesach, because although chametz that is spoiled or set aside for sitting on isn’t considered food anymore, the action of eating it gives it the status of food. However, if it would fall accidentally into a mixture of food, the mixture would be permitted to eat.

Hilchos Pesach 442:2-5 - Chametz which isn't fit to eat, mixtures with chametz in them

2006-04-06T07:25:00.000-07:00

442:2
The Shulchan Aruch says that bread which has decayed to the point where a dog wouldn’t eat it isn’t prohibited and you wouldn’t have to get rid of it. The Mishna Brurah 9 says that this is only if it decayed before Pesach, but if it decayed on Pesach it would be prohibited because when Pesach started it was still edible. The Igros Moshe OC 3:62 says that alcohol in a raw state is considered edible, because it can be easily made into a drink by adding a few ingredients. However, if it is mixed with chemicals for medicinal purposes, such as an ointment, then it is considered inedible. Therefore, he says that one can use an ointment that has alcohol in it if it was made before Pesach, but not if it was made on Pesach. However, he says that in a pressing situation of extreme pain, one can use the ointment even if it was made on Pesach, because there are opinions who allow using the chametz since it isn’t being used the way alcohol is normally used.

442:3
The Shulchan Aruch says that if you used a chametz mixture for some non food purpose, such as binding books or washing clothes, it would be permitted to have it in your possession over Pesach since it doesn’t look like chametz anymore. The Rama quotes an opinion that says it’s prohibited if it looks like chametz, but the Mishna Brurah 17 says that as long as it was made more than 30 days before Pesach it shouldn’t be a problem, because by the time Pesach comes it will definitely be inedible, or even if not, as long as there is less than a k’zayis of chametz it’s ok.

442:4
The Shulchan Aruch says that if something which is not considered food has chametz mixed up in it, even though it doesn’t have to be discarded, it can’t be eaten on Pesach, even if it only has the slightest bit of chametz in it. The Mishna Brurah 19 explains that the case is where the chametz itself is edible, and only because it was mixed into the mixture did it become inedible. The Mishna Brurah 21 explains that even though normally if something isn’t considered edible then it shouldn’t be prohibited, if this person wants to eat it then he gives the chametz a new status of being considered viable food. The Igros Moshe OC 2:92 says that it would be permitted to take medicine with chametz in it, even if there is no danger to life, because it is not considered food and eating it doesn’t give it a status of viable food if the intention is only for medicinal purposes. The Piskei Teshuvos 7 says that the principle that eating something designates it as food doesn’t apply to kitnios, and one would be allowed to eat kitnios that are spoiled to the point of not being edible to a dog. The Mishna Brurah 22 says that even though it would be prohibited to eat, it is still permitted to derive benefit from it. The Rama says that if the chametz was in the mixture before Pesach and was therefore nullified before it became prohibited, it would still be permitted to eat.

442:5
The Shulchan Aruch says that you have to get rid of beer that is made from hops. The Mishna Brurah 24 says that beer has the status of regular chametz, with all the same repercussions if it’s drunk on Pesach. The Shulchan Aruch also says that if you made cheese with vinegar that is made from wheat product, you have to get rid of that as well. The Mishna Brurah 25 says that even if the vinegar is a miniscule amount compared to the rest of the cheese and it should be nullified, since it is the substance that actually creates the cheese by hardening it, it retains its significance and is not nullified.

Hilchos Pesach 442:1 - The Prohibition of owning chametz

2006-04-06T07:23:00.000-07:00

442:1
The Shulchan Aruch says that one violates the prohibition of owning chametz with a mixture that contains chametz if it is edible, but if it isn’t there’s no prohibition. The Mishna Brurah 7 says that if it was edible when Pesach started and then became inedible during Pesach it is still prohibited. The Piskei Teshuvos 9 quotes opinions that say that chametz that belongs to a non Jew that became inedible on Pesach would be permitted, because in the hands of the non Jew it wouldn’t be considered prohibited, and he says that in a pressing case of need one could rely on those opinions. The Mishna Brurah 1 says that while all mixtures with chametz are prohibited to eat m’deoraysa, even if there is only the slightest bit of chametz in them, not all mixtures are the same. Any mixture where the chametz is considered nullified m’deoraysa and is only prohibited m’derabonon would not violate the Torah prohibition of owning chametz, and would only be prohibited to own m’derabonon out of a fear you would come to eat it. Therefore, you still have to get rid of it, but if you didn’t, it wouldn’t become prohibited. If it was a mixture that wasn’t nullified m’deoraysa there would be Torah prohibition of owning it and if it wasn’t gotten rid of it would become prohibited after Pesach. The Mishna Brurah quotes an opinion that argues and says that anytime there is a Torah prohibition of eating a mixture with chametz there is a Torah prohibition of owning the chametz and therefore if it wasn’t disposed of it would become prohibited after Pesach, but he says that in a case of financial loss one can rely on the lenient first opinion. The Mishna Brurah 2 says that a mixture of chametz nukshe, which he defines as chametz which hasn’t fully become chametz, would only be prohibited to own m’derabonon. The Sha’ar HaTziun 12 says that women’s makeup would be considered a mixture of chametz nukshe. The Yalkut Yosef p. 360 says that nowadays makeup and perfume that contains alcohol wouldn’t even be considered a mixture of chametz nukshe since the alcohol isn’t edible, but the Piskei Teshuvos 2 says that since the alcohol is what causes the perfume to smell nice it would still be a problem.

Hilchos Pesach 440:3 - 441:2 - Eating with a non Jew who is eating Chametz, borrowing and lending money with chametz as collateral

2006-04-06T06:55:00.000-07:00

440:3
The Shulchan Aruch says that if a non Jew walks into a Jew’s home on Pesach with chametz, the Jew can let him stay even though he will be seeing his chametz, but he can’t eat with him at the same table, even if there’s something in between them. The Chaye Adam 120:4 says that this is true even if the table is very long and you won’t be sitting close to each other. The Mishna Brurah 18 says that this is even if you don’t know the non Jew, but he says that you can let the non Jew eat the chametz at your table if you aren’t eating there, as long as you clean the table well before you eat there.

440:4
The Shulchan Aruch says that if a Jew would give his chametz to be watched by a non Jew, he still violates the prohibition of owning chametz.

441:1
If a non Jew lends money to a Jew and takes some of the Jew’s chametz as collateral, with the stipulation that if the money isn’t paid back the collateral retroactively becomes the property of the non Jew, and the Jew doesn’t pay back the loan, the Shulchan Aruch says that the chametz remains permitted even if the loan was not due during Pesach, because when the loan isn’t paid retroactively the chametz becomes the property of the non Jew. The Mishna Brurah 2 says that this is only true if the chametz is in the house of the non Jew. The Mishna Brurah 3 questions whether one would be allowed to do this l’chatchilla, even if one has no intention of paying back the loan, since the ability exists to get it back on Pesach by repaying the loan, but if the Jew tells the non Jew before Pesach that he has no intention of paying back the loan, it would be permitted. The Mishna Brurah 4 says that if the stipulation isn’t made that the chametz retroactively becomes the property of the non Jew, then even if the loan is up before Pesach it would be a problem because it’s not a valid purchase to the non Jew, and will remain in the possession of the Jew over Pesach. He says there are those that disagree and therefore after Pesach one can be lenient to allow the chametz not to become prohibited, but before Pesach one would have to destroy the chametz and not rely on the fact that it became the property of the non Jew.

441:2
If a non Jew borrows money from a Jew and gives him chametz as collateral, and doesn’t pay the loan back, the Shulchan Aruch says that if the stipulation was that the chametz becomes the property of the Jew retroactively, then it would be prohibited, because it’s considered owning the chametz on Pesach. However, if the stipulation wasn’t that it should retroactively become the Jew’s property, then it would remain permitted, as long as the Jew doesn’t accept any responsibility for the chametz. The Mishna Brurah 11 says that this is even if it’s clear the non Jew doesn’t intend on paying back the loan.

Hilchos Pesach 440:1-2 - Having a non Jew's Chametz in your home on Pesach.

2006-04-06T06:53:00.000-07:00

440:1
The Shulchan Aruch says that if a Jew has chametz belonging to a non Jew in his possession, and he is responsible for it if anything happens to it, he is required to get rid of it, but he quotes opinions that argue. The Mishna Brurah 4 says that in that situation you should sell the chametz to a non Jew with the rest of your chametz and you should also give the responsibility of watching the chametz to another non Jew, because there are different opinions about whether bitul and mechiras chametz can work with a non Jew’s chametz in your possession since it isn’t yours. The Mishna Brurah 5 says that if the chametz was not gotten rid of, it would become prohibited after Pesach just like any chametz owned by a Jew during Pesach, but it can be returned to the non Jew. The Shulchan Aruch quotes an opinion that even if the Jew isn’t legally obligated to take care of the non Jew’s chametz, but the non Jew will force him to pay for it if it gets lost, the Jew is required to get rid of it, but he says there are those that argue with that. The Mishna Brurah 9 says that we hold like the strict opinion, but if the Jew didn’t get rid of it, after Pesach we can rely on the lenient position not to make the chametz prohibited. The Mishna Brurah 7 says that there’s no problem with being responsible for the chametz of a non Jew if it remains in the property of the non Jew, and the Piskei Teshuvos 2 says that therefore there’s no problem with a Jewish security firm guarding property of a non Jewish company that includes chametz.

There is a discussion regarding owning stock in a company that makes chametz. The Maharam Schick YD 158 says that the shareholders do not own parts of the company but rather just loan money to the directors of the company. However, the Maharshag YD 3 argues and says that owning stock is like owning part of the company. The Minchas Yitzchak says that stocks that don’t have voting rights are considered a loan to the directors of the company, but stock with voting rights are considered to be owning part of the company and need to be gotten rid of with the rest of the chametz.

440:2
The Shulchan Aruch says that if you have chametz belonging to a non Jew in your possession and you aren’t responsible for it, then you don’t have to get rid of it even if the non Jewish owner works for you. However, you do have to create a fence around the chametz which is at least 10 tephachim high to ensure that you won’t eat it. The Rama says that if the chametz gets put in the property of the Jew on Yom Tov when he can’t make a fence, he should put a pot over it. The Mishna Brurah 13 says that if a non Jew put non kosher food in a Jew’s property we wouldn’t make him do anything to cover it up, when it comes to chametz we are more worried because it’s something we could eat the rest of the year and wouldn’t be careful to stay away from it. The Mishna Brurah 15 says that if the non Jew is planning on taking back his chametz that day, we wouldn’t require a wall to be built around it and it would be enough to put a pot over it. The Biur Halacha says that this fear of accidentally eating the chametz of the non Jew applies even if it’s not ready to eat and requires cooking, and we can’t assume that since it takes so much preparation the person will realize in the middle what he is doing, but quotes an opinion that we can rely on that logic to allow keeping something which is safek chametz in one’s possession without covering it with anything.

Hilchos Pesach 438:1 - 439:4 - Cases where you have reason to suspect Chametz was put into an area that a bedika had already been done in.

2006-03-22T13:52:00.000-08:00

438:1
The Shulchan Aruch says that if you see a rat go into a cleaned house with a piece of bread in its mouth, and you find crumbs in the house, you need to check the entire house again, and you can’t assume that the crumbs are from the piece of bread and the rat ate it, because rats don’t normally leave crumbs. The Mishna Brurah 2 says that if you found a whole piece of bread, you could assume it was the one the rat brought it, if the person had already done a bitul, in which case the requirement to check is only derabonon. However, if there had been no bitul done, then since the requirement to do a bedika is deoraysa, one could not assume that piece was the one the rat dragged in unless it was recognizable as the piece. The Shulchan Aruch says that if a child goes into a house with bread and you find crumbs, you wouldn’t have to check the entire house again and you could assume the child ate the bread and that these are the crumbs, because it’s normal for a child to leave crumbs. However, the Shulchan Aruch quotes an opinion that if the crumbs don’t add up to the size of the piece of bread, you would have to check the house again. The Mishna Brurah 11 says that one can be lenient unless it is too late to do a bitul. The Mishna Brurah 4 says that if you find bread in a checked house, you don’t have to assume a rat dragged it in and you wouldn’t have to check the house again. The Mishna Brurah 5 says that you only have to worry about the room that the rat went into and not the rest of the house.

438:2
The Shulchan Aruch says that if you have chametz on a high beam, you need to get a ladder to take it down, because it may fall off during Pesach. However, if there’s chametz in a pit, we don’t require it to be taken out and a bitul would suffice. The Mishna Brurah 14 says that if the pit is normally used then one would need to take the chametz out. The Mishna Brurah 15 says that if the chametz was put there on purpose, then it would need to be removed.

439:1
The Shulchan Aruch says that if you have 9 pieces of matza and one piece of chametz, and a rat takes one of the pieces into a house and you don’t know if it took matza or chametz, you have to assume it was chametz and search the house again, unless it was a really small piece that could have reasonably been eaten. This is because you can’t follow the majority when the item is with all the other items. However, if one of the ten pieces was moved somewhere else and the rat took that piece, then we would be able to follow the majority and assume the piece was matza. The Mishna Brurah 6 says that we only follow the majority with regard to questions like these, but not to allow outright eating one of the pieces.

439:2
The Shulchan Aruch says that if there are two house, where one has been checked for chametz already and one hasn’t, and a rat with chametz in his mouth ran into one house and a rat with matza in his mouth ran into the other, and we don’t know which one ran into which, or if there was one rat with chametz but we don’t know which house he ran into, or if we know which house it ran into but we can’t find anything in the house, or if you checked the house and found a piece of bread, we can be lenient and not require another bedika in the questionable houses. The Rama argues and says that most opinions disagree with this Shulchan Aruch. The Mishna Brurah 11 says that this is only referring to the last thing the Shulchan Aruch says and the case of one house.

439:3
The Shulchan Aruch says that if you had a pile of 9 pieces of chametz and found ten, or if you had a pile of ten pieces of chametz and found nine, you would have to assume your pile was taken and this is a new pile, and you would have to search for your original pile of chametz. The Shulchan Aruch says that this is only if the original pile was tied up, but if they were loose pieces, you can assume that one piece of chametz was either taken away or added. The Mishna Brurah 17 says that this is only true in the case where you had ten pieces and found nine, but if you had nine and found ten, whether they were tied up or not you would have to assume that it’s a new pile and you would have to search out for the old pile.

439:4
The Shulchan Aruch says that if you had chametz in one corner of the house and found it in another corner, you would have to do another bedika. The Mishna Brurah 18 says that if there is still time when you found it to do bitul, you could just do bitul and not have to assume that this is a different pile of chametz since the requirement to do bedika is only derabbonon.

Hilchos Pesach 437:1-4 - Renting a house for Pesach and renting out your house for Pesach - who has to do the bedika?

2006-03-21T10:44:00.000-08:00

437:1
The Shulchan Aruch says that if someone rents his house to another Jew for use from the 14th of Nissan through Pesach, and the act of purchase was done before the 14th, whoever has the keys to the house on the night before Pesach has to do the bedika. The Mishna Brurah 2 says that the Shulchan Aruch follows the opinion of the Ran, but the opinion of Tosafos is that even without the act of purchase, if the renter has the keys on the night of the 14th he has to do the bedika, and some say that you have to follow both opinions. However, the Mishna Brurah says that the Pri Chadash says that the Shulchan Aruch is correct, but either way the renter can always ask the owner to do the bedika for him and vice versa. The Mishna Brurah 3 says that if someone sold his house to someone before the 14th the buyer would have to do the bedika even if the seller still had his keys. The Chayeh Adam 119:18 says that if someone rented their house out to a non Jew, even if it was rented out before the 14th, the owner still has to do the bedika, but the Chasam Sofer OC 131 says that if the owner has another house to do a bedika on, then he wouldn’t have to do a bedika on the rented house.

The Piskei Teshuvos 3 quotes from the Chazon Ish that students in a dormitory are required to do a bedika in their rooms with a bracha, because by paying for tuition they are considered renting out their room, but quotes Moadim U’Zmanim 3:287 who disagrees and says that students aren’t considered renters of their rooms because they can be moved from one room to the other at the discretion of the school administration, and therefore the responsibility to do a bedika in all the rooms of the dormitory. All opinions would agree that the common areas of the school are owned by the administration and is their obligation to do the bedika there.

437:2
The Shulchan Aruch says that if someone rents a house on the 14th and doesn’t know if it was checked yet, and the owner isn’t around to ask, you can assume it was checked and just do a bitul. The Mishna Brurah 10 explains that a bitul is necessary because we can assume the owner of the house relinquished his ownership of the chametz in the house when he left, and the renter will gain possession of it when he gets the house. The Biur Halacha says that if the owner is around, you have to ask him if he did a bedika but you don’t have to ask if he did a bitul, because if he did a bedika you can assume he did a bitul.

437:3
The Shulchan Aruch says that if someone rented his house out for Pesach with the agreement that it was checked for chametz already, and it turns out that it wasn’t checked yet, the renter has to do the bedika, and he can’t claim he was cheated, because he performing a mitzvah by doing the bedika. The Rama quotes an opinion that the owner would be liable to pay the renter the amount it takes to hire someone to do the bedika since he had clearly stipulated that it was already checked. The Mishna Brurah 12 explains that according to the Shulchan Aruch the owner isn’t liable to pay anything because we can assume that people like doing Mitzvas and he would have rented the house even if he knew it wasn’t checked and would have been ok with paying for the bedika. The Mishna Brurah 15 says that most opinions agree with the Shulchan Aruch that the owner isn’t liable for anything. The Biur Halacha discusses what would be if the renter stipulated explicitly that he is only renting it because it was checked, and says that there are different opinions whether he can get his money back and claim he was cheated or not.

437:4
The Shulchan Aruch says that if someone rented his house out and we know he didn’t do a bedika, but someone else claimed that they did the bedika, even if it was a woman or a child, they would be believed. The Mishna Brurah 16 says that the reason they are believed is because once a bitul is done, the requirement to do a bedika is only derabonon, and therefore we can believe anyone, but therefore if it’s after the 6th hour on erev Pesach when bitul can’t be done anymore and the requirement to do a bedika is m’deoraysa, you couldn’t rely on those people and you would have to do your own bedika. The Piskei Teshuvos 5 says that you can only trust people who keep mitzvos, but you can’t trust a non religious Jew to say that he did a bedika on the house.

Hilchos Pesach 436:1-3 - Doing a Bedika when you will not be home for Pesach or are moving into a new home, doing a bedika on the rooms that are sold

2006-03-20T11:57:00.000-08:00

436:1
The Shulchan Aruch says that if someone is planning on not being home for Pesach, and nobody will be there to do a bedika on Erev Pesach, if one is leaving within thirty days of Pesach, there is a requirement to do a bedika before one leaves. The Biur Halacha says that if someone forgot to do the bedika and left already, there are different opinions about whether he would have to return home to do the bedika, and he says that if you know that you have more than an egg volume of chametz in your home, you have to return home to get rid of it before Pesach, unless that will cause you a monetary loss, in which case you can just mentally annul it. The Piskei Teshuvos 1 gives two suggestions for someone in that situation, either to appoint someone over the phone to do the bedika for him, or to just sell his entire house to a non Jew which would make him exempt from having to do a bedika. The Rama says that this bedika is done without a bracha, and the Mishna Brurah 4 explains that the bracha of “al biur chametz” was established for a bedika done on the night before Pesach because the chametz will be burnt the next day and the bedika is the start of that process, but a bedika done before the night before Pesach is not considered the start of the process of biur because one will still be eating chametz afterwards. However, the Biur Halacha quotes opinions who say that one should be make a bracha on a bedika done before the night before Pesach. The Mishna Brurah 1 says that this is all only if one can’t appoint someone to do the bedika for them on the night before Pesach, because that would be better than doing the bedika earlier. The Mishna Brurah 3 says that when you do a bedika earlier, you have to do a bitul chametz as well, but you still have to declare another bitul on Erev Pesach wherever you are. The Shulchan Aruch says that if one is leaving home more than 30 days before Pesach, then there is no requirement to do a bedika the night before you leave. The Mishna Brurah 5 quotes two opinions about whether this is true even if you know that you have chametz in the house. The Shulchan Aruch says that if you are leaving more than 30 days before Pesach and plan on coming back home before Pesach, then you would have to do a bedika before you leave because you may possibly come home late and not have enough time to do a bedika before Pesach. The Mishna Brurah says that since you can’t get rid of the chametz on Yom Tov, you will wind up having chametz in your house over Yom Tov. The Mishna Brurah 9 says that this should really only be a problem if one is going on a far journey where it is more likely to come back later, but it all depends on the situation. The Mishna Brurah says that you have to do a bedika even if you already did a bitul, because we are worried that you may come back and find chametz on Pesach and accidentally eat it. The Shaar HaTziun 10 points out that there are opinions that would not require a bedika if there was a bitul done, but he says that one should be strict about it.

The Shulchan Aruch says that the same rules should apply to someone who is converting their house to a storage house which doesn’t require a bedika. If the conversion is happening within thirty days of Pesach, there is still a requirement to do a bedika on the house before it gets converted, but if its getting changed more than thirty days before Pesach, it doesn’t need a bedika unless it will be changed back to a regular house before Pesach. Similarly, the Mishna Brurah 15 quotes two opinions about whether one would have to check a house that will be converted more than thirty days before Pesach if there is definitely chametz in the house.

436:2
The Shulchan Aruch quotes a lenient opinion that a person who is leaving home more than thirty days before Pesach only has to do a bedika if they are coming back on Pesach, but not if they are coming back before Pesach, and isn’t worried about coming back without enough time to do a bedika before Pesach. The Mishna Brurah 23 says that one should be strict like the first opinion in the Shulchan Aruch, but in a pressing situation one can rely on the second opinion. The Shulchan Aruch says that if someone forgot to do a bedika before they left, they should perform a bitul when Pesach comes, without a bracha.

436:3
The Shulchan Aruch says that someone who moves out of their house and moves into another one within thirty days of Pesach doesn’t have to do a bedika on the old house since they will be doing one on the new house, but if they aren’t moving into another house they would need to do a bedika on the old house, even if a non Jew is moving into it. However, the Rama quotes an opinion that if a non Jew is moving into the house, there is no requirement to do a bedika on the house. The Mishna Brurah 27 says that the reason one wouldn’t need to do a bedika on the old house if one is moving into a new house is because the act of moving out is a declaration of giving up of ownership of any chametz still left in the house. However, there is still a mitzvah of doing a bedika before Pesach that one needs to fulfill, so if the person is moving into a new house the mitzvah can be fulfilled there, otherwise it would need to be fulfilled in the old house. The Mishna Brurah 32 says that one can be lenient like the Rama to not require a bedika if a non Jew is moving into the house. The Mishna Brurah 29 says that if a Jew is moving in, then according to both the Shulchan Aruch and the Rama there is never a requirement to do a bedika on the old house because the responsibility for that house is on the Jewish person who is there Erev Pesach.

The Mishna Brurah 32 discusses whether there is a requirement to do a bedika on the rooms that one is planning on selling to a non Jew for Pesach. He quotes the Chayeh Adam that says that you do need to do a bedika since the rooms are in your possession on Erev Pesach when the requirement of bedika starts, but quotes the opinion of the Chasam Sofer that says that selling the Chametz to the non Jew fulfills the mitzvah of getting rid of the chametz and as long as there are some rooms that aren’t sold that one will fulfill the mitzvah of bedika on, one can skip doing a bedika on the rooms that will be sold. The Mishna Brurah says that it’s ok to be lenient but it would be better to sell the rooms to the non Jew on the 13th of Nissan to avoid the problem altogether.

Hilchos Pesach 434:4 - 435:1 - Having someone else do a bitul for you, and what to do if you forgot to do a bedika on Erev Pesach

2006-03-17T09:41:00.000-08:00

434:4
The Shulchan Aruch says that someone else can perform the bitul for you. The Mishna Brurah 14 says that this is only if you appointed that person to do the bitul for you. The Mishna Brurah 15 says that even though normally asking someone else to declare your possession ownerless doesn’t work, when it comes to chametz we can be lenient. However, there are opinions who feel that having someone else do your bitul shouldn’t work, but the Mishna Brurah says that we can be lenient about this. The Shulchan Aruch says that even if someone is not in their home they can do the bitul wherever they are, and if they don’t, their wife should do the bitul for them. The Mishna Brurah 18 suggests that the wife should always do a bitul just in case the husband forgot to do it.

435:1
The Shulchan Aruch says that if you didn’t do the bedika on the night of the 14th, you should do it the next day. If one couldn’t do a bedika on Erev Pesach, one should do a bedika during Pesach. The Mishna Brurah 3 brings two opinions about whether this means checking on Yom Tov itself or waiting until Chol Hamoed, because on the one hand any Chametz found on Yom Tov can’t be burnt, but it can be hidden away. He quotes the Pri Chadash who says that if you had already done a bitul, then there is no need to do a bedika on Yom tov and it can wait until Chol Hamoed, but if one didn’t perform a bitul either, then one should do the bedika on Yom Tov. The Orchos Chaim 2 says that nowadays we clean our houses well before Pesach anyway, so one should always wait until Chol HaMoed to do the bedika. The Shulchan Aruch says that if one couldn’t do a bedika during Pesach, one should still do a bedika after Pesach, because the Chametz in his possession is now prohibited and we don’t want him to eat it. However, no bracha should be made on that bedika. The Mishna Brurah 4 says that all these bedikos still have to be done thoroughly with a candle. The Mishna Brurah 5 says that one would make a bracha on a bedika done on Chol HaMoed, but the Piskei Teshuvos 1 quotes opinions that feel that no bracha should be recited on a bedika done on Chol HaMoed, because when we sell our Chametz to the non Jew it includes all the Chametz that may be found in the house.

Hilchos Pesach 433:10 - 434:3 - Doing a Bedika in shuls, cars, pockets, and the requirement of declaring the Chametz ownerless.

2006-03-17T09:26:00.000-08:00

433:10
The Shulchan Aruch says that a bedika has to be done in shuls and batei midrashos. The Mishna Brurah 10 says that a bracha is made on these bedikos, but no bitul is performed, since the Chametz in there is not owned by any one person. The Aruch HaShulchan 12 says that perhaps no bracha should be made on these bedikos, because the whole institution of doing a bedika is to avoid owning Chametz on Pesach, and nobody will violate that prohibition because nobody owns this Chametz. The Piskei Teshuvos 6 suggests that whoever will be doing the bedika in the shul should do the bedika in their own home and have in mind that the bracha on that bedika should cover the bedika in the shul as well.

433:11
The Shulchan Aruch says that even if someone cleans their house well before Pesach, and doesn’t bring any Chametz into the house, a bedika still has to be done on the night of the 14th. The Rama says that it’s a good idea to clean the house well before doing the bedika. The Mishna Brurah 46 says that this should be done before the night of the 14th, so that the bedika can be done right away. The Shaar HaTeshuva 2 says that the reason the custom has become to do a perfunctory bedika and not check all the nooks and crannies is because people rely on the fact that the house has been cleaned out well.

The Rama says that one has to do a bedika in one’s clothes pockets as well. The Mishna Brurah 47 says that this is even if one feels sure that he didn’t put Chametz in them, because it’s something that people sometimes do without realizing or thinking about it. The Shevet HaLevi 1:136 says that nowadays people don’t always do this because they rely on the fact that they clean their clothes before Pesach anyway. The Chayeh Adam 119:8 says that if someone doesn’t have a house to do bedika and is only doing a bedika on his clothes, no bracha would be recited on it, because only a bedika on a house requires a bracha. Similarly, the Piskei Teshuvos 7 says that no bracha would be recited if someone was only doing a bedika in their car.

434:1
The Shulchan Aruch says that after the bedika you have to be careful to keep the chametz in a safe place where it will not be found by rats and strewn around the house again. If there is reason to suspect something like that happened, such as finding less chametz than you had left there or if you saw a rat take some chametz, you would have to do a bedika, but otherwise you don’t have to suspect anything like that happened to require a new bedika. The Mishna Brurah 3 says that if you would require another bedika, you would not make a bracha on that bedika.

434:2
The Shulchan Aruch says that immediately after the bedika, you should do a bitul in which you declare the chametz still remaining in your possession as completely out of your possession and worthless to you. The Kaf HaChaim 28 says that one should say this three times. The Mishna Brurah 6 says that the point of this bitul is because one may find chametz in his possession on Pesach and violate owning chametz. The Rama says that this has to be said in a language that you understand. The Shulchan Aruch recommends doing another bitul the next day, but the Rama says not to do it until after you burn your chametz, in order to fulfill the mitzvah of burning chametz properly with you own chametz.

434:3
The Shulchan Aruch says that when you do the bitul during the day, you should declare ownerless any chametz which is visible to you and not visible to you and what you have burnt and what you haven’t burnt. The Piskei Teshuvos asks why there is a need to do a bitul on the Chametz after it’s burnt and quotes two answers, either to cover the Chametz that was sold to the non Jew in case the sale wasn’t completely valid, or to cover the Chametz that may have not been completely burnt.

Hilchos Pesach 432:2 -433:4 - Doing a bedika on more than one house, putting out ten pieces of bread during bedika, where you have to do bedika

2006-03-16T09:50:00.000-08:00

432:2
The Shulchan Aruch says that if someone has more than one house to check, they only have to make one bracha on all the bedikos. The Mishna Brurah 7 does quote an opinion that walking from one house to another would be a hefsek, but he says that since one is required to check all the houses one owns, it wouldn’t be a hefsek. The Shulchan Aruch suggests that one could have others help with the bedika by having them hear the bracha and answer amen and do their bedikos with his bracha. However, the Mishna Brurah 8 says that one should make an effort to be part of the bedika and not let others do it for you because a mitzvah is always better to be done by you and not by your agent. The Mishna Brurah says that technically one can have women and children do the bedika on your behalf, but if one is going to use an agent its better to use someone who is a male over the age of 13.

The Rama says that there is a custom to distribute ten pieces of bread around the house before the bedika to ensure that one will find chametz and the bracha won’t be l’vatola, but he says that even without the pieces of bread and without finding any chametz the bracha isn’t l’vatola because the bracha is only to destroy chametz if it’s found. The Shaar HaTziun 11 quotes the opinion of the Taz that it would be better not to leave the pieces of bread around the house, because it can lead to bigger problems of having chametz around the house, but the Mishna Brurah 13 quotes the AriZ”L that says that there are deeper meanings to the custom of leaving ten pieces of bread around and one should not treat the custom lightly.

433:1
The Shulchan Aruch says that the bedikas chametz has to be to the light of a candle, and not the moonlight. Even if someone doesn’t do bedika until the next morning, it still has to be with a candle and the sunlight isn’t enough. He does say that a porch or open window could be searched with the sunlight, since a lot of sunlight gets in. The Mishna Brurah 1 says that a candle is used because it can be used to check the nooks and crannies that can’t be search with moonlight or sunlight. The Mishna Brurah 7 says that even though the Shulchan Aruch says that the windowsills can be checked with the sunlight because it is very well lit up, it’s only if the window is open and not if the window is closed, but the Piskei Teshuvos 1 says that the glass at the time of the Mishna Brurah was not as clear as our glass nowadays and we could check the windowsills with the sunlight even with the windows closed. The Yabia Omer OC 4:40 says that one could use an electric flashlight in place of a candle, but it’s better to check with a candle. Many poskim hold that there is no problem at all with checking with a flashlight, and using a candle is just to retain the old customs, and therefore if there’s places in the house that one would be scared to check with a candle, such as a closet, it would be preferred to do bedika with a flashlight.

433:2
The Shulchan Aruch lists things that can’t be used as candles, such as a torch, and says that one should check with a wax candle only. The Mishna Brurah 9 explains that using a candle made from other substances is a problem because they drip and a person would not want to do a full bedika out of fear of ruining his home with the drippings. However, the Netai Gavriel Hilchos Pesach 17:14 says that nowadays candles made from materials other than wax are ok because they aren’t made from materials that drip. The Rama says that anytime more than one wick is being used it has the status of a torch.

433:3
The Shulchan Aruch says that you have to check all the rooms that you should suspect have chametz in them, but an area which you never bring food into doesn’t need to be checked. The Mishna Brurah 13 explains that even if you don’t normally bring food into an area, but once in a while may have brought food there, it needs to be checked. The Piskei Teshuvos 3 points out that in an apartment building this includes checking the communal areas like the stairs and utility rooms, and suggests having one person from the building be appointed as everyone’s agent to check those areas.

433:4
The Shulchan Aruch says that holes in the wall need to be checked if they are at a normal height to be used, but if they are too high to reach or lower than 3 tephachim to the ground, they don’t have to be checked. The Mishna Brurah 19 points out that in a house with small children, the low holes have to be checked as well, because it’s common for children to stick food in those holes. The Piskei Teshuvos 4 says that if there’s a crack between a cabinet and the wall that is too small to stick your hand into, there would be no requirement to check for chametz there.

Hilchos Pesach 430 - 432:1 - Shabbos HaGadol, the Time of Bedikas Chametz and the Bracha on Bedikas Chametz

2006-03-16T09:42:00.000-08:00

430:1
The Shulchan Aruch says that the Shabbos before Pesach is called Shabbos HaGadol because of the miracle that happened that Shabbos. The Mishna Brurah 1 explains that the in the year of Yetzias Mitzrayim, the Jews took lambs and tied them to their bedposts on the tenth of Nissan, which was the Shabbos before the fifteenth of Nissan, to be slaughtered, and even though it should have angered the Egyptians, it didn’t. Therefore, we commemorate that miracle on the fifteenth of Nissan. The Yabia Omer OC 4:39(2) quotes two other reasons, either because the Haftara of that Shabbos mentions bringing Eliyahu on a “great and awesome day”, or because since the custom is to have a drasha on that Shabbos to review the Halachos of Pesach, people refer to it as a big day, either because large numbers of people gather to hear the drasha or because there are a large number of halachos that are reviewed.

The Rama says that the custom is to recite the Hagadah at Mincha of Shabbos HaGadol, and the Mishna Brurah 2 says that’s because the miracle started at Mincha of Shabbos HaGadol, but the Biur Halacha quotes the GRA who says not to recite the Hagadah at Mincha, because the Hagada specifically says that the Hagada should not be recited before Pesach.

431:1
The Shulchan Aruch says that on the night before Pesach, you have to search for Chametz with a candle into all the cracks and holes and anywhere that chametz may have been brought. The Mishna Brurah 1 says that this should be started as early as possible, even while there is still some light outside, so as not to forget to search. The Mishna Brurah 2 explains that there is a requirement to both annul any ownership of chametz and to search it out to destroy it, because one may annul it and not wholeheartedly annul it and come to violate owning chametz on Pesach. The Mishna Brurah 3 gives two reasons for searching at night, either because that’s when more people are home or because the light of the candle is brighter at night. The Shevet HaLevi 1:136 says that even though the electric lights in the room should be turned off during the checking, if it helps to have them on then they should be on, because the bottom line principle is that there should be plenty of strong light to check for chametz.

431:2
The Shulchan Aruch says that a person shouldn’t do any work or eat anything until they check for chametz. A person also shouldn’t learn before checking for chametz, even if the person usually has a set time for learning, but if the person started learning before nightfall, they can continue learning. However, the Rama says that even if you started learning before nightfall you have to stop when it gets dark to check for chametz. The Mishna Brurah 5 says that this prohibition starts a half hour before nightfall. The Mishna Brurah 8 says that with regards to maariv, if someone normally davens with a set minyan, they should daven first, because it will be too hard to get everyone back to daven again after doing the bedika. However, if someone always davens without a minyan, then one should do bedika first and then daven. The Mishna Brurah 6 says that even though when it comes to not eating before davening Mincha or maariv the Shulchan Aruch 232 says that one can eat as much as one likes as long as it’s not an established meal with washing, when it comes to bedika even eating not in the context of a full meal is prohibited because bedika is supposed to be done at the beginning of the night. This is against the opinion of the Magen Avraham 5 who says that though one should do bedika right away so that one doesn’t forget to do it, the time for bedika is all night. The Piskei Teshuvos 7 says that a nafka mina between these two opinions would be if one would be allowed to eat or do other things if one asked someone to make sure they did the bedika, and he says that in a pressing situation one can rely on the opinion of the Magen Avraham.

432:1
The Shulchan Aruch says that before the bedika one should make the bracha “al biur chametz”. The Mishna Brurah 3 says that the bracha is not “al bedikas chametz” because the main thing is not the searching for the chametz, but rather the destroying of it. The bracha is made on the searching because that’s the beginning of the process of destroying the chametz. The Mishna Brurah 4 says that if someone forgot to make the bracha when searching, one can make the bracha the next morning when the chametz is being burnt, but there are opinions that say that the bracha can only be recited at night before the searching. Nevertheless, the Mishna Brurah says that one can make the bracha the next morning when burning the chametz. The Shulchan Aruch says that one should not talk between making the bracha and until the search is over, and the Mishna Brurah 5 says that if one did talk between the bracha and the start of the search one would have to make the bracha again, but the Mishna Brurah 6 says that if one talked during the actual bedika one would not have to make the bracha again. The Piskei Teshuvos 1 says that if one went to the bathroom during the bedika one would say the Asher Yatzar. The Beer Heitev 1 asks why there is no Shehechiyanu recited on the search for chametz, and answers that since the search is for the purpose of the Yom Tov, we rely on the shehechiyanu made during the Yom Tov. The Pri Megadim Mishbezos Zahav 2 says that the reason is since one is not very happy when searching because there is a monetary loss involved, there is no shehechiyanu made.

Hilchos Pesach 429 - The requirement to study the laws of Pesach for 30 days before Pesach, and the Laws of the Month of Nissan

2006-03-16T09:40:00.000-08:00

429:1
The Shulchan Aruch says that one should start asking questions about Hilchos Pesach 30 days before Pesach. The source of this in the Gemara, but there are two versions of the text. The Gemara Pesachim says that one should question and study the laws of Pesach for 30 days prior to Pesach, but the Gemara Avoda Zara says simply one should question the laws of Pesach for 30 days. This leads to a dispute over what is required for 30 days before Pesach. The Biur Halacha quotes the Ran in Pesachim that there is no requirement to study the laws of Pesach for 30 days, but rather if two people come to ask the Rav a question within 30 days of pesach, and one is regarding the laws of Pesach, that person gets answered first, being more relevant. However, he quotes Rashi Rosh Hashana who says there is a requirement to study the laws of Pesach for 30 days prior to Pesach. The Mishna Brurah 1 discusses whether this applies to the other holidays as well or perhaps only to Pesach because there are so many Halachos involved that it takes 30 days to clarify everything, as opposed to the other holidays which would require fewer days. The Mishna Brurah 2 says that this should start on Purim. The Mishna Brurah also says that the custom is to rely on the Shabbos HaGadol speech to clarify all the halachos, but one should still learn the halachos for 30 days if possible.

The Rama adds that the custom is to buy wheat to distribute to the poor to make Matza for Pesach. The Mishna Brurah 4 says that the custom is to distribute flour because its closer to matza and makes it easier for the poor person.

429:2
The Shulchan Aruch says that during the month of Nissan, we do not say Tachanun during the week and Tzidkascha on Shabbos, nor do we have eulogies or public fast days. However, the first born do fast on erev Pesach. The Shulchan Aruch YD 401:5 says that one can eulogize a Talmid Chacham on Chol Hamoed, and the Shulchan Aruch HaRav 5 says that the same applies to Chodesh Nissan. The Piskei Teshuvos 3 says that even though the Magen Avraham 547:5 says that nowadays we don’t have the equivalent of a Talmid Chacham, perhaps that’s only referring to eulogizing on Chol HaMoed, but we can eulogize a Talmid Chacham during Chodesh Nissan.

The Rama says that the custom is not to fast at all during Nissan, except for a fast to annul a bad dream.

The Rama also says that we don’t say mizmor l’toda on Erev Pesach or Pesach.

The Rama also says that the custom is to have a little more to eat than usual on the day after Pesach, which is known as Isru Chag. The Piskei Teshuvos 6 quotes a number of sources for this custom. Either to commemorate how in the times of the Beis Hamikdash people would go home after the Chag feeling very joyous, or because in Israel they would celebrate the day after Chag to celebrate with people in Chutz L’Aretz that were keeping another day of Yom Tov, or because the day after the Chag still has some remnants of the holiness of the Chag.