Cleaning for Pesach-Where does one have to clean and check for Chametz? Full chapter

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Cleaning for Pesach-Where does one have to clean and check for Chametz?

 

Introduction:

Cleaning the home for Chametz is known to be one of the more strenuous jobs that falls upon the household in preparation for Pesach. Many are unaware that there exist areas where one is not obligated at all to clean or check for Chametz, and in certain cases, one may even initially allow visible Chametz to remain in its space throughout Pesach. These laws will clarify all of one’s obligations in terms of where one is required to clean and search for Chametz, and when can even visible Chametz be allowed to remain in its place. Despite the above, as brought in Halacha 10, the Jewish people are holy and go above and beyond the letter of the law and clean the entire home from Chametz, even from areas where one is not obligated to clean. Nonetheless, it is worthy to make note of the statement said in the name of the Rebbe that “Dust is not Chametz and the children are not the Karban Pesach.” It is important that the Pesach experience be one of fun and joy, which will bring good memories to all involved. Thus, one should not be overly scrupulous when the matter is not Halachically required, in expense of the sanity or good will of oneself or others. Certainly, if one only has a limited amount of time available to clean the home, they must first make emphasis to clean that which contains a Halachic requirement, and only later, if time remains, to do things which are considered Chumras or extras on the list.

 

How to clean for Chametz:

The following paragraph is explained in Chapter 4 Halacha 2 regarding the laws of Bedikas Chametz, and is advised to be implemented throughout the cleaning process done before Pesach: All areas that require cleaning for Chametz, likewise require a Bedika with candle light [or flash light] at night to verify its cleanliness. In order to lessen the burden of requiring a rechecking of the entire home and its belongings on the night of the 14th, one can intend to check the room/item the same night that it was cleaned, even several days before the night of the 14th, and thus fulfill his Mitzvah of Bedika without needing to recheck it later on. Nonetheless, many are lenient not to recheck at night any area or furniture that was thoroughly scrubbed and cleaned from Chametz. See Chapter 4 Halacha 2 for the full details of this matter.

 

Nullification:

Throughout this chapter, the concept of Bittul or nullification is introduced. This refers to the disownment of Chametz which is commonly done after the Bedika of Chametz, and after burning the Chametz the next morning, in the statement of Kol Chamira. For further details on this concept, see Chapter 2 Halacha 8 and Chapter 4 Halacha 16!

 

 

A Chassidic perspective-The Holiness of the Job:[1]

From the following incident, it is understood that the job of cleaning the home for Pesach carries tremendous holiness: It occurred one year on Rosh Hashanah, after Reb Levi Yitzchak of Berditchiv blew the Shofar, that he exclaimed “Sweet Father, if the angels which were created from the Shofar blowing of Levi Yitzchak the son of Sara are weak, let the holy and healthy angels which were created from the hard work and toil of your people before Pesach, in which they scrubbed, smoothened and Kashered in honor of Pesach and for Hiddur Mitzvah; let those angels come and appease you.”

 

1. The obligation to clean the home from Chametz:

The Biblical obligation:[2] Biblically, if one nullifies his Chametz, and disowns it prior to the 6th hour[3] on Erev Pesach [i.e. Bittul], he is not required to clean his house from Chametz, and the Chametz may remain in his home throughout the entire Pesach.[4] If, however, one does not want to nullify his Chametz and disown it [or did not do so for whatever reason, and the 6th hour has already arrived], then when the time of the owning Chametz prohibition arrives [i.e. the beginning of the 7th hour], he is Biblically obligated to check and search all his possessions for Chametz and completely destroy it from the world.

The Rabbinical obligation:[5] The Sages decreed that nullifying and disowning one’s Chametz before Pesach [i.e. Bittul] is ineffective if it will remain in one’s home, and the Chametz hence remains within one’s ownership, Rabbinically, even if one disowns it.[6] Thus, before Pesach, one must clean all of his possessions from Chametz, just like he would Biblically be required to perform if he did not disown it. One who disowns his Chametz, but does not remove it from his property, transgresses the Rabbinical prohibition of Baal Yiraeh and Baal Yimatzeh.[7]

The obligation of cleaning as a preparation for Bedikas Chametz:[8] The cleaning obligation of the Sages is fulfilled by one searching his home for Chametz on the night of the 14th, as explained in chapter 4. As a preparatory step for this search, one is required to clean the home beforehand, in order so one can properly check and verify the cleansing from Chametz on the night of the 14th, when Bedikas Chametz is performed. [Thus, the Rabbinical obligation of cleaning the home for Chametz contains two steps 1) To clean the home before the night of the 14th. 2) To inspect the home when the night of the 14th arrives.]

Who is obligated to clean a home? Every Jew, man or woman, who will be living in a home over Pesach, is obligated to clean and check it for Chametz. Furthermore, even if he will not be living in the home over Pesach, he is obligated to clean and check all of his property for Chametz, unless the property will be sold to other people over Pesach, as explained in Halachas 12-13. If one does not own a home [see next regarding household members], he is exempt from this Mitzvah.

Which member of the household is obligated to clean the home:[9] The obligation to clean the home from Chametz falls upon the father/master of the home, and not upon any of his [family members and other] dependents.[10] [Nonetheless, they can be appointed to do so on his behalf, as will be explained in Chapter 4 Halacha 3.] However, in a case that the owner is not at home to do the search, then the obligation falls upon the dependents [even if the father did not directly appoint them to do the search].[11]

If one lives in the house of another Jew does he have to also search for Chametz?[12] One who will be living in another’s home over Pesach, is not required to perform his own individual cleaning and Bedikas Chametz if the owner of the home will anyways be doing so.[13] [This applies even if one purchases and eats his own Chametz in the home.]

 

 

Q&A

Being that today all Jews are accustomed to performing Mechiras Chametz through the Rav of their community, why is it necessary to clean our homes from Chametz?

Although the sale contract includes all the Chametz in the home, both the known and unknown Chametz, nonetheless, one is still obligated to perform a Bedika. Thus, those who do not clean their home for Pesach on the basis of the sale, and continue to live there as usual, are making a mistake.[14]  Several reasons can be suggested for this obligation:

1.       As it is forbidden to allow even a gentiles Chametz to remain openly visible in one’s home, lest one accidently come to eat it.[15] Thus, even when the Chametz will belong to a gentile, the Bedika still retains its purpose and necessity, which is to prevent one from coming to eat Chametz.[16]

2.       As we only rely on the Mechiras Chametz as an extra insurance, and not initially to uproot the obligation of cleaning the home from Chametz.

3.       As some Poskim[17] rule that if the Mechira is taking place on the day of the 14th, then on the night of the 14th one is nevertheless obligated to clean and check his home for Chametz.

4.       As if one does not perform a Bedika, then the entire house is considered “sold” to the gentile, and it is forbidden for one to make normal use of it.[18]

 

2. Does one need to search/clean for even a crumb of Chametz?[19]

One must search for even a crumb of Chametz, and destroy it.[20] This applies even if one has already nullified his Chametz, or plans to nullify it before Pesach.[21] If, however, the Chametz is dirty and one has already nullified his Chametz, or plans to do so before the 6th hour, then if the Chametz is less than the size of a Kezayis, one is not required to search for this Chametz or destroy it.[22] Likewise, if the less than Kezayis nullified piece is stuck onto a wall or vessel, then it does not need to be destroyed, so long as within the entire room or vessel there isn’t a Kezayis amount of scattered Chametz, will be explained in Halacha 4.[23]

Crumbs of Chametz found in areas where people walk:[24] On the floor, in areas that people walk, one only has to search/clean slightly large crumbs of Chametz. However, thin crumbs of Chametz, does not need to be cleaned or removed from such areas.[25] However, if one sees them on the floor after the 6th hour on Erev Pesach, then one must gather them and destroy them, [if the crumbs are more than a Kezayis, or Bittul was not performed].

 

Broom stick:[26]

Based on the above law, it is not necessary to clean or purchase a new broom stick for Pesach, as even if it contains Chametz, it is less than a Kezayis, is dirty, and are nullified. Nonetheless, some are particular to do so.

Vacuum cleaner:

Based on the above law, it is not necessary to change the vacuum bag before Pesach, as even if it contains Chametz, the individual pieces are less than a Kezayis, are dirty, and are nullified. Nonetheless, the custom is to do so.

 

3. Where is one obligated to clean for Chametz?[27]

The general rule:[28]

One must check and search for Chametz in all areas where there is suspicion and doubt that perhaps Chametz was brought into it [even] coincidently.[29] Thus, one must check all areas in which there is suspicion that perhaps while eating Chametz one entered into that area, even if one is positive that he never actually ate Chametz there.[30] It goes without saying that all areas which one recalls entering Chametz into even one time during the year, must be checked. Those places which one does not ever remember entering Chametz into, and it is not common for him to enter the area with food, do not need to be checked.[31] However, in homes that there are children, one needs to search for Chametz in all areas that the child can reach, even if one knows that he personally never entered Chametz into there.[32]

 

Cleaning areas that one plans to sell to a gentile through Mechiras Chametz:

It is disputed amongst Poskim as to whether one must clean out Chametz from areas [i.e. rooms, closets etc] which one plans to include in the sale to a gentile which will take place on the 14th of Nisan. Practically, the custom is to be lenient in this matter and there is thus no obligation to clean the rooms or closets and cabinets that one will sell/rent to the gentile and not use/enter during Pesach.[33] Some however are particular to sell the Chametz on the 13th, in order to avoid this dispute. See Chapter 4 Halacha 2 in Q&A for a full analysis on this subject! See Halacha 1 in Q&A regarding why nevertheless one must clean his home for Chametz if included in the Mechira document is all the unknown Chametz in one’s home.

If one is living in the house of a gentile for Pesach, does he have to clean the gentile’s house for Chametz?

If the gentile is the owner/master of the home then he is to simply nullify and disown his Chametz, and let the gentile know that he may take it all for himself.[34] However, if the Jew has his own room within the home, then certainly he is obligated to clean his personal room. Although it is seemingly permitted to live in the home of a gentile throughout Pesach even though the gentile will have Chametz in the home, nevertheless, it is best to avoid doing so.[35]

 

 

List of areas based on above rule:

Checking all rooms of the house and attic:[36] Based on the above, all the rooms of the house and the attic need to be checked according to Halacha [i.e. at night using the light of a candle], even if one is positive that he has never eaten Chametz in them before.[37] [This applies especially today when it is common to snack in various rooms of a home.]

Checking storage rooms:[38] Storage rooms which contain foods and other items used during a meal need to be checked.[39] However, those storage rooms of which it is not common for one to enter in middle of a meal[40], do not need to be checked unless one knows for certain that one has entered Chametz into them.[41]

House with children:[42] By a home that contains children/toddlers, one must check all areas that the child is able to reach, as perhaps the child has hidden some Chametz there.

Do holes and cracks in the floor need to be checked?[43] Holes or cracks in a floor need to be checked even in a house without children.[44]

Summary:

All areas where one ate or brought Chametz into any time since the last Pesach, must be cleaned and checked. Even if one is certain that he never ate Chametz in the area, nonetheless, if it is common for one to get up while eating/snacking and enter into the area to retrieve something, then it is required to be checked.

 

Q&A

Does a bedroom need to be checked if one does not ever recall entering Chametz into it?

Even if one never recalls entering Chametz into his room, if it is common for one to enter there to get something in middle of a Chametz meal or snack, then it is required to be checked.

What areas must be checked in a home with children?[45]

When there are children in one’s home, all areas which can be entered and reached by the child, must be checked. This applies even if one is positive that he himself never entered Chametz there and it is uncommon to enter there while eating or snacking.

 

Do clothing closets have to be checked?

Even if one never recalls entering Chametz into his room, if it is common for one to enter there to get something in middle of a Chametz meal or snack, then it is required to be checked. If it is uncommon to do so, and one never recalls entering food there, it does not need to be checked.[46]

Does a book case have to be checked?

Yes, as it is common to take a book to read while snacking or eating. Those shelves which contain books that have not been used the past year by anyone in the home, do not need to be checked if they are above the reach of children.

 

Do books/Sefarim need to be checked?

Some Poskim[47] rule books do not need to be checked.[48] Other Poskim[49]  rule they are required to be checked. [Practically, those who have a tradition to do so, are to continue with their custom.]

 

Does Tallis and Tefillin bags need to be checked?

The inner bags do not have to be checked unless one specifically remembers placing Chametz in them. The outer bag also does not need to be checked if one is particular not to enter food into it. If one is not particular, then it must be checked.

 

Cleaning Chart

Item or Area Obligated to clean Not obligated
Bathroom Ö        If have kids must check. Ö        No need to check if no kids
Books Ö        No need to check. However, some are stringent.
Bookcase Ö        Must be checked
Bird cage Ö        Must be cleaned
Briefcase Ö        Must be checked
Car Clean and Check car. No need to unscrew the benches. Remove floor mats.
Computer Ö        No need to undo keyboard to check
Computer bag Ö        Clean and check
Couch Ö        Must remove the cushions but no need to unscrew.
Desk Ö        Clean and check
Table Ö        Must be cleaned and checked. No need to undo screws to remove Chametz from cracks and crevices.
Files Ö        Possibly need check between the folders and in box.
Chair Ö        Must be cleaned and checked. No need to undo screws to remove Chametz from cracks and crevices.
Kitchen Cabinets Ö        Clean and check
Medicine cabinet Ö        May be owned. Chametz vitamins are to be sold
Microwave Ö        Clean and check
Oven Ö        Clean and check
Phone cover Ö        Undo phone cover to check for Chametz under
Bedroom Ö        Clean and check
Suitcase Depends. If did not use throughout year, no need to check.
Refrigerator Ö        Cleaned and checked

4. Chametz that is stuck onto a wall or vessel:

Chametz that is stuck onto an item [utensil, chair, and table]-Letter of the law:[50]

Chametz is loosely stuck: A piece of Chametz which is being loosely held in a vessel, such as if it has fallen into a crack, needs to be destroyed even if one nullifies it before Pesach, unless it is less than a Kezayis and is dirty enough to be considered inedible.[51]

Chametz is stuck: If the Chametz is stuck to the vessel, then if within the entire vessel there is less than a Kezayis of Chametz, then it does not need to be destroyed, and rather it suffices for one to nullify the Chametz before Pesach.[52] However, if it was not nullified before Pesach, then it Rabbinically needs to be destroyed.[53] Likewise, if within the entire vessel there is a total of a Kezayis or more, then one must destroy the Chametz even if its stuck to the vessel [and will nullify it before Pesach].[54]

Chametz based sealant that was used to seal a hole in a vessel:[55] Those areas of sealant which are less than a Kezayis do not need to be destroyed, if one nullifies the Chametz before Pesach. This applies even if within the entire vessel there is a total of a Kezayis or more.[56] [If it was not nullified before Pesach, then it Rabbinically needs to be destroyed.[57]] However, those areas of sealant which contain a Kezayis of Chametz must be scraped off, or covered over with cement, before Pesach.[58] This applies even if one will nullify the Chametz before Pesach.

 

Summary:

A piece of Chametz that is stuck onto an item must always be destroyed unless the following conditions are fulfilled:

1.       Its size is less than a Kezayis.

2.       The piece is stuck to the vessel or is dirty.

3.       The piece will be nullified before Pesach.

4.       The entire vessel does not contain a kezayis worth of Chametz, with exception to if the Chametz was placed as a sealant in which case it does not join other Chametz in the vessel to form a Kezayis.

Chametz stuck to walls-Letter of the law:[59]

Chametz which is stuck to a wall follows the same laws as Chametz stuck to a vessel, and hence must be destroyed if it is a Kezayis in size or was not nullified before Pesach.[60] If, however, it is less than a Kezayis in size, and [was or] will be nullified before Pesach [in Kol Chamira], then it does not need to be destroyed. If there is a total of a Kezayis of Chametz throughout the walls, floors, or ceiling of a single room, then the Chametz is Rabbinically viewed as a single Kezayis piece and must be destroyed.[61] 

Chametz based sealant that was used to seal a hole in the wall:[62] [In previous times it was common practice to use a flour-based sealant to seal holes in a wall. Some people practice this until this very day. The following is the law regarding a Chametz based sealant:] Those areas of sealant which are less than a Kezayis do not need to be destroyed, if one nullifies the Chametz before Pesach. This applies even if within the entire room there is a total of a Kezayis or more.[63] [If it was not nullified before Pesach, then it Rabbinically needs to be destroyed.[64]] However, those areas of sealant which contain a Kezayis of Chametz must be scraped off, or covered over with cement, before Pesach.[65] This applies even if one will nullify the Chametz before Pesach.

 

The Custom-Yisrael Kedoshim Heim:[66]

All the above is from the letter of the law, however practically, the Jewish people are holy [i.e. Yisrael Kedoshim Hem] and are accustomed to be stringent upon themselves and scrape off every speck of Chametz that is stuck to the walls [ceiling or floor] or vessel. They are even furthermore stringent to sand down the benches and chairs and walls which touched the Chametz. [Hence, due to this custom, one is to destroy all Chametz that is stuck to one’s wall or vessel, even if from the letter of the law it is not required to be destroyed.] One is to scrape off whatever Chametz he can and whatever he is unable to scrape off, one should cover over with cement [or pour bleach or another spoiling agent over it].[67]  

 

 

Summary:

From the letter of the law, it is permitted to leave nullified Chametz on one’s walls or vessel so long as all the attached Chametz in a single room or vessel does not accumulate to a Kezayis. However, the Jewish people are holy and are accustomed to be stringent and scrape off every speck of Chametz that is stuck to the vessel or walls/ceiling/floor, and are even furthermore stringent to sand down the benches and chairs and walls which touched the Chametz.

5. Chametz which is found in areas that is not within direct reach of one’s hand:

Chametz that is in cracks and crevices of tiles and furniture:

Letter of law:[68] If one cannot remove the Chametz with his hands due to it being stuck under cracks and crevices and the like then it suffices for him to nullify the Chametz before the 6th hour [through saying the Bittul of Kol Chamira], and if he plans to do so he is not required to destroy this Chametz before Pesach. One is not required to undo the floor [or to undo furniture] to remove the Chametz even if he is capable of doing so, and rather the nullification suffices.[69] This applies even if one is able to see the Chametz. [This applies even if there is a Kezayis of Chametz.[70] This applies even if the Chametz is visible.[71]] Thus, the Chametz that is in between the deep crevices of one’s floor between the tiles [or in the cracks of one’s table or other furniture], does not need to be [taken apart and] removed or destroyed but is to merely be nullified. [If one did not nullify his Chametz, and did not sell it before Pesach, then he must destroy this Chametz on Pesach upon remembering, even if it entails taking apart the furniture and the like.[72]]

Yisrael Kedoshim Heim-Custom:[73] All the above is from the letter of the law, however practically the Jewish people are holy and hence the custom is to destroy all Chametz that is in one’s possession, even the Chametz found in unreachable areas. One is thus to pour bleach or other spoiling agent over Chametz that he is unable to reach with his hands. [There is however no basis to extend this stringency to require the taking apart of the item in order to reach the Chametz.]

 

Summary:

Chametz that is stuck in a deep hole or crevice and cannot be reached with one’s hands, is not required to be removed and it suffices for him to nullify the Chametz before Pesach. This applies even if there is a Kezayis of visible Chametz found in the crevice. Nonetheless, practically, the Jewish people are holy and destroy all Chametz that is in one’s possession, even if the Chametz found in unreachable areas. Thus, when possible, one is to pour bleach or other spoiling agent over Chametz that he is unable to reach with his hands.

Q&A

Must one remove Chametz that is stuck in moveable items and can fall out through shaking?

Chametz that is stuck inside a moveable item but cannot be reached by hand, seemingly must be shaken out if one is able to do so.[74] If, however, one is unable to shake out the Chametz then it has the same status as any unreachable Chametz, of which we rule nullification suffices, and as an act of holiness one is to spill a spoiling agent over it. Likewise, this only applies by a Kezayis of Chametz, or less than a Kezayis that is not dirty, if however, the Chametz stuck inside is less than a Kezayis and is dirty, then even shaking is not required, as explained in Halacha 2.

Does one have to use toothpicks and the like to remove Chametz from areas that he cannot manage to remove with his hands, such as in a fridge?

No.[75] However, by a fridge and other items used with food, one is required to do so in order so Chametz does not come to fall into one’s food.[76] In any event, Yisrael Kedoshim Heim and it is thus proper to pour a damaging agent, such as bleach, onto the Chametz in all cases that one is unable to remove it.

 

Must one remove his car seats in order to remove the Chametz that is stuck under them?

All Chametz that is found under the car seat, and is reachable by hand, must be removed. All Chametz that cannot be reached by hand, is not required to be removed even if one is able to see it. There is no obligation to remove the car seats in order to reach Chametz that is stuck under it. One is likewise not required to vacuum out unreachable Chametz.[77] Nevertheless, practically, experience dictates that it is very difficult to remove even the reachable Chametz [due to abundance of crumbs] without either using a vacuum or removing the car seats. Likewise, in light of Yisrael Kedoshim Heim, Chametz that remains visible and unreachable under the car seat should have bleach or another spoiling agent poured over it, although is not required to remove the seat.[78]

Must one undo his chair if he sees Chametz in-between the crevices of the cushion and the chair?

This follows the same ruling as the previous Q&A. Thus, all the Chametz that is reachable by hand [or that can be shaken out] must be removed. All Chametz that cannot be reached by hand [and cannot be shaken out] is not required to be removed even if one is able to see it and one is not required to undo the chair in order to remove it. Nevertheless, if there is Chametz that remains visible and unreachable under the cushion, it is proper, if doing so will not damage the cushion, to destroy it by pouring bleach or other spoiling agent over it. If, however, the Chametz stuck inside is less than a Kezayis and is dirty, then even shaking is not required, as explained in Halacha 2.

Must one undo the keyboard of his computer to remove the Chametz stuck under the keys?

No.[79] This applies even if one knows for certain that there is Chametz found there. Nevertheless, in light of Yisrael Kedoshim Heim, those who desire to be stringent and undo the keyboard are not to be protested.[80] In any case that a thorough cleaning was not done, it is strongly advised not to use the same keyboard on Pesach as that used during the year, as it is possible for Chametz to get onto one’s finger and end up in one’s food or mouth.

 

Chametz that is found on a high surface such as on top of a closet or bookcase:[81]

One is obligated to destroy a Kezayis of Chametz even if it is found on a very high surface.[82] [Furthermore even less than a Kezayis should be destroyed.[83]] The above obligation applies even if one already nullified his Chametz. Thus, one is obligated to bring a ladder on the night of the 14th [or prior to it] and take the Chametz down from on top of his closets, dressers, book cases and the like.

 

Chametz that is found in a pit?[84]

If Chametz fell inside a pit, or was placed there to remove before Pesach, then if it is not common to descend into the pit throughout the year, one is not required to remove the Chametz from there and rather mere nullification suffices.[85] 

Forbidden to intentionally place Chametz into the pit:[86] The above is only discussing a case of Chametz that fell into the pit or was placed in there with intent to remove before Pesach. It is however forbidden to intentionally place Chametz in the pit for it to stay there until after Pesach, even if one plans to nullify it. If one [transgressed] and placed Chametz in the pit with intent to remove after Pesach, then he must remove it and destroy it on the 14th, even if he hid it there prior to thirty days before Pesach.

The law of Mapoles-Cleaning/searching for Chametz under heavy items [i.e. furniture; appliances]:[87]

The original law of Mapoles recorded in the Shulchan Aruch deals with a mound of rock and debris that has fallen on top of Chametz, or on top of an area of the home which is required to be checked for Chametz. Although this event is not very common today, nevertheless, the understanding of this Halacha can be used to determine whether one must check for Chametz under furniture, appliances and other heavy items of the like, as will be explained in the Q&A. The Halacha is as follows: Whether one must check and destroy Chametz that is found under a mound [or an appliance or piece of furniture] is dependent on four factors:

  1. How tall is the mound [i.e. appliance/furniture]? Is it three Tefachim high [24 cm.] or less than three Tefachim?
  2. Do you know for certain that there is Chametz under the mound or are you in doubt?
  3. Is there danger [or monetary loss] involved in removing the mound on your own. and thus it must be done through a professional?
  4. Did you nullify your Chametz, or do you plan to do so before Pesach, or is it already Pesach and you forgot to nullify your Chametz?

Three Tefachim over the Chametz:[88] If a wall fell in one’s house and created a mound of heavy rocks, then if the mound is three Tefachim in height, one is not required to remove the mound and search there for Chametz, and is rather to rely on his future nullification.[89] Furthermore, even if one knows for certain that there is Chametz under the mound, if there is three Tefach of mound over the Chametz, he is not required to undo the mound and rather it suffices to nullify the Chametz before Pesach.

Less than three Tefach over the Chametz:[90] If the mound is less than three Tefachim [24 centimeters] in height, or he is unsure if there is three Tefachim of rocks over the Chametz, then he must undo the mound to search if there is any Chametz under it even if he plans to nullify his Chametz before Pesach.[91]

Must one hire professionals to undo the mound?[92] If there is danger[93] involved in removing the mound on one’s own and he must rather hire professionals to do the job, then if he does not know for certain that there is Chametz under the mound, he does not need to undo the mound even if it is less than three Tefachim, and may rather rely on his future nullification of the Chametz.[94] However, if he knows for certain that there is Chametz under the mound, then if the mound is less than three Tefachim, he must hire professionals to undo the mound and destroy the Chametz even if he plans to nullify it.

If one did not nullify his Chametz and it is already past the 6th hour on Erev Pesach:[95] If one did not nullify his Chametz and it is already past the 6th hour on Erev Pesach, one is required to undo the mound and search there for Chametz even if there is three Tefachim of rock over the Chametz, and even if there is danger involved in doing so, in which case one must hence hire professional help.[96] If, however, one does not know for certain whether there is Chametz under the mound, then he is not required to hire professional help if there is three Tefach of rock over any potential Chametz.[97]

One plans to move the item on Pesach:[98] The above cases of allowance in which one may leave the Chametz to remain under the mound during Pesach, only applies if one does not plan to undo the mound on Pesach. If, however, one plans to remove the item during Pesach, then he is required to check that area for Chametz before Pesach even if it is only Rabbinically required to be checked for Chametz.

Initially placing a mound over Chametz: It is forbidden to initially place a mound of even three Tefachim over Chametz as explained in E-See there!

 

 

Summary:

If a wall fell in one’s house and created a mound of heavy rocks, then if the mound is three Tefach in height one is not required to remove the mound and search there for Chametz and is rather to rely on his future nullification. Furthermore, even if one knows for certain that there is Chametz under the mound, if there is three Tefach of mound over the Chametz, he is not required to undo the mound, and rather it suffices to nullify the Chametz before Pesach. This, however, only applies if one does not plan to undo the mound on Pesach. If the mound is less than three Tefachim [24 centimeters] in height, or he is unsure if there is three Tefachim of rocks over the Chametz, then he must undo the mound to search if there is any Chametz under it, even if he plans to nullify his Chametz before Pesach.

 

Practical application-Must one search for Chametz under furniture or appliances?

Based on the above law regarding a mound, the following is the ruling regarding searching and cleaning for Chametz under furniture and appliances:

Furniture or appliances which have not been moved throughout the year, and will not be moved during Pesach, and are a height of 24 cm[99] [such as closets, book cases, ovens, and items of the like] do not have to be moved before Pesach and have the Chametz that is under them cleaned out.[100]  This applies even if one sees Chametz under them. If, however, the Chametz is reachable with one’s hands, one must destroy all the Chametz that can be reached.[101] Furthermore, if the furniture is commonly moved, then one is required to move the items and clean under them even if they have a height of 24 cm.[102]

If one had already moved the furniture before Pesach: The above law only refers to a case that throughout the year, since the previous Pesach, the appliance or furniture was not moved. If, however, the furniture had been moved anytime since the previous Pesach, and was not checked and cleaned for Chametz prior to being replaced, then it is subject to the law explained in E. [There it is explained that initially throughout the year, one must clean and check certain areas prior to replacing the furniture. However, Bedieved if one did not do so he is not required to move the item and check under it, unless the item was moved within thirty days before Pesach, in which case it must be moved again before Pesach to check for Chametz.]

An appliance that is on wheels: An appliance which rests on wheels is to be moved and have its Chametz cleaned from under it before Pesach.[103]

 

Initially placing an item over Chametz, or over an area that must be checked for Chametz, before Pesach:[104]

All the above laws in D, refer to a case that the mound fell onto the Chametz, or fell into an area that is required to be checked for Chametz. It is, however, forbidden to initially place a three Tefach mound on top of Chametz, or on top of an area that is required to be checked for Chametz, without first removing any Chametz that is found there.[105]

When before Pesach does the above law begin to apply: If one knows for certain that there is Chametz in the area, or it is an area that is Biblically required to be checked [such as a dining room and kitchen], then initially one must check it prior to placing an item on top of it even if it is prior to thirty days before Pesach, even from the beginning of the year, starting from after the previous Pesach.[106] If, however, it is an area that is only Rabbinically required to be checked [See Halacha 3], then if one is placing the item prior to thirty days before Pesach, he is not required to check the area for Chametz. However, if he is placing the item within thirty days before Pesach, he must check the area prior to placing the item on it.[107]

If one transgressed and did not check the area prior to placing down the item: If one forgot or transgressed and did not check the area prior to placing the items in it, then if this occurred within thirty days before Pesach, he is obligated immediately upon remembering, to remove the item and check under it [for Chametz], even if this contains great trouble and loss of money. This applies even if one is uncertain if there is Chametz inside in that area [and it thus] only needs to be checked Rabbinically.[108] However, if this occurred prior to thirty days before Pesach, then Bedieved he does not need to remove the item and check under it and rather the nullification alone suffices. This applies even if he knows for certain that there is a lot of Chametz under it.[109]

If one plans to remove the item again before Pesach:[110] In the above cases, even if one plans to remove the item before Pesach and check under it for Chametz, nevertheless, he is required to check under it at the time of installment of the item.

If one plans to remove the item on Pesach:[111] If one plans to remove the item during Pesach, then he is required to check that area for Chametz prior to installment even if it is only Rabbinically required to be checked for Chametz, and even if he does so at the beginning of the year. If one forgot or transgressed and did not check the room prior to placing the item there then he is obligated immediately upon remembering, to remove all the items from the room and check under it [for Chametz], even if this contains great trouble and loss of money.

How to check:[112] In all the above cases that checking is required, it is to be done with candle [or flash] light on the night before installing the item, even if he is placing it there at the beginning of the year.

 

Summary:

It is forbidden to place an appliance, or piece of furniture, onto Chametz, or onto an area that requires checking for Chametz, until one cleans and checks to make sure that there is no Chametz under it. This applies throughout the entire year. This applies even if one plans to move the item again before Pesach. However, areas which only require Rabbinical checking for Chametz, may have items placed on them prior to thirty days before Pesach, without checking it beforehand. However, within thirty days before Pesach, all areas must be checked and cleaned prior to moving an item onto it. If one transgressed and placed the item into the area prior to cleaning and checking it for Chametz, then if this occurred prior to thirty days before Pesach, one is not required to move it. If, however, this occurred within thirty days before Pesach, it must be removed and cleaned for chametz.

 

Practical application-Checking for Chametz before placing an appliance or furniture on one’s floor:

Throughout the year, prior to moving in a new appliance or piece of furniture into one’s home, in an area where one frequently eats, one is to clean and check the area for Chametz, just as he would do on the night of the 14th. Within thirty days before Pesach, one is to do so even when moving a new appliance or piece of furniture into areas that one does not frequently eat in, but is Rabbinically obligated in Bedika. Thus, prior to installing a new oven into the kitchen or a new set of book cases into the dining room, one is to clean and check for Chametz in that area. The above law is not limited only to a case where a new piece of furniture is being entered into the home, but applies likewise to a case that one is moving a piece of furniture or appliance for whatever reason, and then plans to replace it in that area. Anytime this is done throughout the year, one is to first clean and check the area for Chametz, and only then move the item back.

 

Moving homes:

Based on the above law, when moving homes, prior to moving furniture and belongings into a new home, one is to clean and check the floor for Chametz. This applies throughout the year, anytime one moves to a new home.

The Pesach room:

Many people designate a Pesach room to place all the Pesach items some while before Pesach. Based on the above law, it is imperative for one to check the room for Chametz using a candle, the night prior to placing the items into it. This applies even though one has already cleaned it thoroughly from Chametz, nevertheless, a night checking is required. It once occurred by the Rebbe Rashab, that the Pesach room was cleaned and stored with Pesach items prior to a Bedika being done and the Rebbe Rashab instructed for everything to be removed from the room and have it checked for Chametz as required.[113]

Q&A

Does the above law apply even if one plans to sell all his Chametz to a gentile before Pesach?

Possibly, those who sell their Chametz to a gentile before Pesach, as is commonly done today, are not required to clean and check the areas under their furniture or appliances before Pesach, prior to moving them in. This is because all Chametz that belongs to a gentile does not contain a Bedika obligation, and simply needs to be placed in an area that one will not come to eat it. Thus, certainly a gentiles Chametz which is sitting under a heavy item will not come to be eaten, and hence does not require cleaning. Nonetheless, practically, one should follow the letter of the law stated above, although this can be used as a Limud Zechus for those who are not careful in this today.

 

6. Chametz vessels-Cleaning and storing:[114]

Cleaning: All Chametz vessels which one does not desire to Kasher for Pesach, or are unable to be Kashered, are to be cleaned from Chametz. One is to scrub them and slightly rinse them down from any recognizable Chametz.[115]  

Selling to a gentile: All vessels that are difficult to clean from Chametz, such as vessels used with dough and flour throughout the year, are to be sold to a gentile, or given to him as a present, and stored away as written next.[116] [However, initially one is to clean the pots to the best of his ability, even if he plans to sell them to a gentile.[117]] This, however, only applies to vessels that contain actual Chametz stuck to them. However, clean Chametz vessels are not required to be sold even though they contain Chametz absorbed within their walls.[118] [In the sale contract of the Alter Rebbe, recorded in his Shulchan Aruch, all Chametz vessels that contain actual Chametz on them are sold.[119] Chametz vessels that are sold to a gentile and remain in one’s home do not require Tevila after Pesach.[120]]

Putting them away: One is to hide the vessels in an area where he will not be accustomed to enter into throughout all the days of Pesach.[121] Furthermore, it is proper to place the vessels in a room [or closet] which will be locked, and then hide the keys, in order to prevent any possibility of entering there during Pesach. Those who are accustomed to place the vessels in a very high area which is visible, have upon what to rely[122], although one who is stringent to hide them away from sight will be blessed.[123]

If one did not clean his pots from Chametz?[124] If one remembered on Pesach, or afterwards, that he did not clean his pots from Chametz, then [if he did not sell his Chametz to a gentile] he must clean the utensils from any recognizable Chametz[125] as soon as he remembers.[126] If, however, he remembered on Shabbos or Yom Tov, he is to delay washing them until after Shabbos/Yom Tov.[127] [He is then to wash them immediately after Shabbos or Yom Tov.]  Even after Pesach, if one remembered that he did not clean his vessel from Chametz, he must then clean them from all visible Chametz [immediately] upon remembering.[128] [If one sold his Chametz to a gentile, as is commonly done today through the Rav of the community, there is no need to clean the pots on Pesach, or after Pesach, upon remembering. However, before Pesach, seemingly one is to clean the pots to the best of his ability, even if he plans to sell them.[129]]

7. Checking one’s clothing for Chametz:[130]

Every person must be careful to check his clothing and shake his gloves and pockets of his clothing, and of his children’s, as at times one enters Chametz into them.[131] However, this only applies towards one who is accustomed at times to place Chametz into the pockets of his clothing, however, one who never does so, does not need to check the pockets at all, neither on the night of the 14th nor by the time of Biur Chametz. Nevertheless, one who is stringent [to check them] is blessed.[132]

When are the pockets to be checked?[133] The pockets do not need to be checked on the night of the 14th being that when one eats Chametz the next day, it is possible that one will place Chametz in them, and they will need to be rechecked. Rather, one should check and shake the pockets the next day at the time of the destruction of Chametz. Even if one wants to be stringent upon himself and check them on the night of the 14th, he nevertheless needs to recheck them the next day by the time of the destruction of Chametz, as perhaps one reentered Chametz which he ate after the Bedika into the pockets.

 

Summary:

One who at times enters Chametz foods into his pockets, is obligated to check them for Chametz on Erev Pesach before the 6th hour, by the time of the Biur. One who does not enter foods into his pockets, is not obligated to check them, although if he does so is blessed.

 

Q&A

Do laundered clothing have to be checked?

No. Clothing which are freshly laundered do not need to be checked, as the detergent and washing cycle is considered to have destroyed the Chametz. Thus, one only has to check the pockets of those clothing that are being worn on Erev Pesach, or are still in the hamper and have yet to be washed. Likewise, any coats, jackets, or sweaters that are worn multiple times before washing, need to be checked.

 

Does one have to check the cuffs of his pants?

Being that the cuffs of pants usually pick up a lot of dirt, including Chametz, one is to make sure to check them for Chametz before the 6th hour on Erev Pesach.

 

8. Cleaning and checking the backyard, front yard, or porch for Chametz?[134]

The open areas: One does not need to search the open areas of his outside property for Chametz.[135] This applies even if one knows for certain that there is Chametz outside.[136] Furthermore, one may even Lechatchilah throw Chametz onto his outside property before the 6th hour on Erev Pesach. However, if one knows for certain that there was Chametz outside, then he needs to go outside when the 6th hour on Erev Pesach arrives, to check if there is any Chametz remaining, and if he sees any Chametz, he is obligated to immediately destroy it from the world.[137]

Furniture and closed items:[138] Closed items that are outside, such as closets, boxes, a barbecue and the like, need to be checked for Chametz.[139]

 

Summary:

One does not need to search at night the open areas of his outside property for Chametz, as all the Chametz has already been eaten by birds. However, closed items that are outside, such as boxes and one’s barbecue have to be checked. As well, if one knows for certain that there was Chametz outside, then he needs to go outside by the 6th hour on Erev Pesach to check if there is any Chametz remaining

 

9. Cleaning and checking a barn or chicken coop for Chametz:[140]

One does not bring Chametz into the area:[141] A barn for cows does not need to be checked for Chametz [if Chametz is never placed inside the barn] being that even if somehow Chametz did fall inside of it, one can assume that it was eaten by the animals.[142]

If Chametz is brought into the area:[143] If throughout the year one enters Chametz into a [barn or] chicken coop, then if one is careful to not eat [or enter] Chametz into the [barn or] coop within thirty days before Pesach then the coop does not need to be checked for Chametz.[144] However, if one was not careful to avoid eating [or entering] Chametz into the barn within thirty days before Pesach, [or one was careful but knows for certain that Chametz was entered into it, such as a rat brought it in[145]], then the barn needs to be cleaned and checked according to Halacha with the light of a candle.[146]

A home that contains chickens:[147] A home which contains live chickens follows the same ruling as a chicken coop, that if one is careful not to eat or enter Chametz into the area within thirty days before Pesach, one does not need to check the [cracks and holes] of the floor as we assume that the chickens ate it.

10. Yisrael Kedoshim Heim: Destroying even Chametz that is allowed to be owned:[148]

Although there were cases explained above in which from the letter of the law one is not required to clean the Chametz, nevertheless, the Jewish people are holy [i.e. Yisrael Kedoshim Hem] and are accustomed to be stringent upon themselves and scrape off all Chametz, even a mere speck, that is stuck to the walls/ceiling/floor or a vessel. They are even furthermore stringent to sand down the benches and chairs and walls which have touched Chametz. [In light of this stringency] if there is Chametz [in an area that one cannot reach, such as] in a crack that one cannot remove, then one can place cement over it [or anything else something to make it not fit for eating such as bleach].[149]

 

11. Cleaning and checking a shul, Beis Midrash and other public areas for Chametz:[150]

Shuls and Batei Midrashim need to be cleaned for Chametz, and checked on the night of the 14th with a candle.[151] The Gabaim of the shul are responsible to clean the shul from Chametz. See Chapter 4 Halacha 15 for the detailed laws of Bedikas Chametz in a Shul.

 

Q&A

Who is responsible for searching for Chametz in the stairs and lounge of an apartment building?[152]

All the residents have an obligation to search their building for Chametz. The building residents should appoint one person to do so and thus fulfill their obligation.

Who is responsible for cleaning a Yeshiva, or school for Chametz?[153]

The responsibility falls upon the directorship of the institution. If they do not plan on using the premises during Pesach, they can simply include it in the sale to the gentile, and thus avoid the need to clean it out. If, however, it will be made use of during Pesach, then it must be cleaned.

Who is responsible for cleaning a school dormitory from Chametz?

Each student is to clean his room for Chametz, unless the room will not be used during Pesach, and both he and the directorship of the school perform Mechiras Chametz.[154] The remainder of the building is the responsibility of the directorship to clean, as stated in the previous Q&A. Regarding if a student may recite a blessing upon checking for Chametz in his dorm room on the night of the 14th– See Chapter 4 Halacha 4 in Q&A.

 

12. Traveling-Cleaning/Checking one’s home for Chametz prior to traveling for Pesach:

A. One is planning to sell his home/Chametz to a gentile [i.e. Mechiras Chametz]:[155]

[The obligation of cleaning and checking one’s home prior to travel, as explained in B, only applies if one will not be selling his home/Chametz to a gentile before Pesach, or if he plans to return home during Pesach.] If, however, one plans to leave the home and sell/rent the home to a gentile prior to Pesach, then he is not obligated to clean his home from Chametz if the gentile knows the Chametz has been disowned and that he can take it for himself.[156] This applies even if one leaves the home within thirty days before Pesach.[157] [The same applies if one plans to sell his Chametz to a gentile, as is commonly done today through the community Rabbi, and he does not plan to return until after Pesach, in such a case he is not obligated to clean his home from Chametz.[158]]

If one will no longer be able to fulfill the Mitzvah of Beidikas Chametz:[159] If by traveling away from home and selling it to a gentile before Pesach, one will have no other place to check for Chametz before Pesach, [such as if he is arriving to his destination on Erev Pesach, and the area has already been checked for Chametz by his host], then some Poskim[160] rule one is required to clean and check [at least one room in] the home prior to traveling, if he is leaving the home within thirty days before Pesach, and another Jew is not moving into that home.[161] Other Poskim[162], however, rule one is never required to search the home before Pesach if it will belong to a gentile over Pesach, even if he leaves within thirty days before.[163] Practically, one may be lenient like the second opinion, and one who wants to be stringent may do so; however he should not rule this way for others.[164] [This however only applies if one is selling the home/chametz to the gentile prior to the night of the 14th. However, if the sale is taking place after the night of the 14th as is common with Mechiras Chametz today, then one should clean and check at least one room of his home prior to traveling, rather than rely on the sale.[165]] If, however, one will have to perform Bedikas Chametz upon arriving at his destination [such as he is arriving before Erev Pesach, or is arriving on Erev Pesach, but the area has not been checked for Chametz] then according to all opinions it is not necessary to also clean and check part of his home prior to traveling, if it will belong to a gentile over Pesach.[166] Furthermore, even if he will be staying as a guest in another person’s home for Pesach, and his host will be doing all the cleaning and checking in the home, according to all opinions he does not need to clean and check any part of his home prior to traveling if he arrives before the night of the 14th.[167] Furthermore, even if he will not be moving into any home, and will not have Bedikas Chametz done by him or by a host, before Peach, if a Jew will be moving into the home before Pesach and do the Bedika there, he is exempt from doing so upon leaving.[168]

 

One is not planning to sell his Chametz for Pesach or does not want to rely on the Mechira:[169]

Traveling within thirty days before Pesach to another city: If one is traveling away from home within thirty days before Pesach[170] [to another city[171]], and does not plan to return before Pesach[172], then [if he does not plan to sell his Chametz] he must clean his home and perform a Bedika and nullification[173] the night before he travels, following all the normally required laws of cleaning and checking for Chametz.[174] However, he does not recite a blessing of “Al Biur Chametz” prior to his Bedika as he does when checking on the night of the 14th.[175] The next day, prior to traveling, he is to remove all the Chametz from his property.[176] If one forgot and left his house without cleaning it from Chametz, then he is obligated to return to his house, or to send a messenger to his house, to clean out the Chametz from it, if he knows for certain that there is a Kebeitza [55 grams] of Chametz remaining in the home.[177] Alternatively, he can sell his Chametz to a gentile, as explained in A.

Traveling prior to thirty days before Pesach to another city:[178] If one is traveling from home [to another city[179]] prior to thirty days [before Pesach] and does not plan to return to his home until after Pesach[180], then he does not need to check at all any room which is only Rabbinically required to be checked. Rather, when Erev Pesach arrives, he nullifies all the Chametz that he has in all his property, without making a blessing over this nullification.[181] However, a room which is Biblically required to be checked[182], is disputed amongst the Poskim whether it must be checked prior to traveling. Some Poskim[183] rule it is required to be checked prior to traveling.[184] Other Poskim[185] rule it is not required to be checked prior to traveling.[186] Practically, one is to initially suspect for the former/stringent opinion and clean the Biblical areas of the home from Chametz prior to traveling. However, Bedieved, if he already traveled from the home without cleaning it from Chametz, then if it is troublesome for him to return to the home to clean it, he may rely on the lenient opinion and simply nullify his Chametz on Erev Pesach[187], if he left prior to thirty days before Pesach.[188] The above law, and subsequent dispute only applies if one is traveling to a different city. However, if one is moving elsewhere within the same city, then he must check his entire home on the night of the 14th home.[189]

Leaving family members at home-Appointing others to clean and check the home on one’s behalf:[190] Alternatively to cleaning and checking one’s home before traveling, one can appoint a messenger to clean and check his home, and nullify his Chametz, on his behalf on the night of the 14th. For example, if one is leaving [also] his wife and older children and household members, in his house, which are knowledgeable/responsible and are able to check the house for Chametz in accordance to all the requirements that were explained in chapter 3 and 4, then he does not need to search at all prior to leaving, and rather he may command one of them and appoint him to do the search and nullify the Chametz when the time comes.[191] In such a case, he too should nullify his Chametz when the time of nullification arrives.[192] If one left his household members in his house and forgot to command them to search the home, they are nevertheless obligated to clean and search it for Chametz.[193] They are likewise to nullify the Chametz after their search even though they were not appointed to do so.[194]

 

General Summary:

Traveling and plans on selling Chametz: If one plans to sell his Chametz to a gentile and he does not plan to return until after Pesach, then he is not obligated to clean his home for Chametz prior to traveling. However, if one will only be arriving to his destination on Erev Pesach [i.e. the 14th of Nissan], then it is proper for him to clean at least one room and perform the Mitzvah of Bedika at home on the night of the 14th, or the night prior to leaving.

Not selling Chametz-Traveling within 30 days: One who is traveling from home to a different city within 30 days before Pesach and does not plan to return before Pesach, must clean, check and nullify the Chametz from his home, the night before he leaves. A blessing is not recited upon this Bedika. If one traveled prior to cleaning his home, then he must return to clean it, or hire an emissary to do so for him, or sell his Chametz to a gentile. 

Not selling Chametz-Traveling before thirty days: One who is traveling from home to a different city prior to thirty days before Pesach, is only required to clean, check, and nullify the Chametz from areas that have a Biblical suspicion of Chametz. However, if he traveled without cleaning the home, he is not required to return to clean it if doing so will pose difficulty, and rather he may rely on his nullification which will be said on Erev Pesach.

How to do the Bedika: In all cases that a Bedika is required prior to leaving, it follows the same laws as the Bedika performed on the night of the 14th. Thus, it is to be done at night, with the use of a candle [or flashlight], however, without a blessing. After the Bedika, one is to nullify his Chametz.

 

Practical application

If one is going to away for the entire duration of Pesach [i.e. going to Pesach getaway; parents or in-laws] must he clean and check the home prior to leaving?

If one plans to sell his Chametz to a gentile, as is commonly done through the Rav of one’s community, then he is not obligated to clean his home from Chametz. However, if one will only be arriving to his destination on Erev Pesach [i.e. the 14th of Nissan] then it is proper for him to clean at least one room and perform the Mitzvah of Bedika the night before leaving.[195] If one will arrive to his destination before the night of the 14th, and will thus have Bedikas Chametz performed there either by him or his host, then there is no need to clean any part of his home prior to leaving.[196] When arriving to a host before the night of the 14th, there is no need for one to do his own Bedikas Chametz at their location, and rather the host does it on their behalf.

 

A Yeshiva or seminary student is leaving for Pesach-Must they clean and check their rooms for Chametz prior to leaving?

Each student is to clean his room for Chametz prior to leaving before Pesach, unless the room will not be used during Pesach, and both he and the directorship of the school perform Mechiras Chametz.[197]

 

One owns a summer home in the country-Must they clean and check their rooms upon leaving in the summer?

If one plans to sell his Chametz to a gentile, as is commonly done through the Rav of one’s community, then he is not obligated to clean his home from Chametz. Otherwise, all Biblical areas must be cleaned and checked, as stated above.

 

Q&A

By what time must one leave the premises, if he is going away for Pesach and did not clean his home on the basis of selling it to a gentile?

He must leave the home prior to the start of the 6th hour on Erev Pesach.[198]

 

May one who went away and did not clean his home for Pesach, having included it in the sale to the gentile, enter the home during Pesach?[199]

One may not do so on a steady basis. However, one may do so on occasion to retrieve a necessary item and the like.

 

May one who went away and did not clean his home for Pesach, having included it in the sale to the gentile, allow others to say in it during Pesach?[200]

No, as stated above!

 

 

Left prior to thirty days before Pesach but intends to return on Pesach:[201]

If one traveled from his home [to another city[202]] before Pesach with intention to return on Pesach, then he is obligated to clean and check his home for Chametz prior to leaving, even if he is leaving a full year before Pesach, such as right after the previous Pesach, [and even if he plans to nullify his Chametz before Pesach]. He is obligated to check all the rooms which require checking on the night of the 14th, including even rooms which are only Rabbinically required to be checked.[203] [This applies even if he plans on selling his Chametz to a gentile.[204] If one traveled prior to cleaning his home, then he must return to clean it, or hire an emissary to do so for him, or sell his Chametz to a gentile.[205]]

 

 

Practical application

v  One is currently in his second home and plans to return to it in middle of Pesach. He must clean and check the home for Chametz the night prior to leaving, even if this occurs many months before Pesach.

v  One is going on a Pesach getaway, or to relatives, for the first days of Pesach, and plans to return during Pesach. He must clean and check the home for Chametz the night prior to leaving.

 

 

One is living in the home of a gentile and is leaving before Pesach:[206]

If one is living in the home of a gentile and plans to leave prior to Pesach, then he is not obligated to clean the home from Chametz if the Gentile will be entering the home before Pesach, and knows the Chametz has been disowned and that he can take it for himself, as explained in A-See there!

If the gentile won’t enter the house until after the 6th hour on Erev Peach:[207] The above allowance, only applies to a case that the gentile will enter the home before the 6th hour on Erev Pesach.[208] However, if the gentile will not enter the home until after the 6th hour on Erev Pesach, then the Jew is obligated to check the house of the gentile which he is moving from.[209] [If he is leaving within 30 days before Pesach to a different city, or is moving even prior to thirty days before Pesach but to another house within the same city, then] he must even check the rooms which are only Rabbinically required to be checked. [However, if he is leaving to a different city prior to 30 days beforehand then he does not need to check the Rabbinical rooms and even the Biblical rooms are a dispute if they need to be checked as explained above in B.]

One who is moving within the same city:[210]

In all cases that we rule that the home one is leaving must be checked the night before he travels [See B-D], this applies only if one is traveling to a different city. However, if one is moving within the same city, then he is only obligated to check the house on the night of the 14th. In such a case, he is obligated to check the entire house, even the Rabbinical rooms, even if he moves prior to thirty days before Pesach.[211]

 

13. Renting/selling a home before Pesach:

Whenever a Jew rents or purchases a home from another observant Jew before Pesach, the question is raised as to who retains the cleaning and checking obligation of the home; the seller/landlord, or the buyer/tenant? This question commonly comes up regarding Pesach rentals as to who is responsible for the cleaning and checking. In this Halacha we will explain the cases in which the obligation falls on the seller or landlord, and the cases that it falls on the buyer or tenant.

Renting from an observant Jew:

Rent, Acquisition, & Access done before the 14th:[212] If one rented his home to a Jew for a period of time that begins prior to the start of the night of the 14th, then if the renter made a legal acquisition of the property[213], and was given the keys [i.e. access] to the home[214], prior to the night of the 14th, then the cleaning and checking obligation falls entirely upon him-the renter.[215] This applies even if the renter will not be moving into the house until after Pesach [and even if it is only a temporary rental]. Regarding nullifying the Chametz, both the owner and tenant remain obligated to verbally nullify the Chametz before the 6th hour.[216]

Rent, Acquisition, or access done on the 14th:[217] If one rented his home to a Jew for a period of time that begins after the start of the night of the 14th, then the owner is obligated to clean, check, burn and nullify the Chametz in the home.[218] This applies even if an acquisition was made by the renter, and the keys were provided, prior to the night of the 14th, so long as the renter cannot begin using the home until after the entrance of the night of the 14th.[219] Furthermore, even if the rental period begins prior to the night of the 14th, if the renter did not make a legal acquisition of the property prior the night of the 14th, or did not receive the keys [i.e. access to enter the property] before the night of the 14th, then the cleaning and checking obligation falls upon the owner.[220] This applies even if later that night he will finalize with the renter and have him make an acquisition and give him the keys. Regarding nullifying the Chametz, both the owner and tenant remain obligated to verbally nullify the Chametz before the 6th hour.[221]

Must the renter receive conformation that the owner cleaned/checked the home beforehand? See D!

Renting from a gentile, or non-observant Jew:[222]

If one is renting a home for Pesach from a gentile, or a non-observant Jew who did not clean his home from Chametz, he is obligated to check the home for Chametz on the night of the 14th, even if the rental period only begins after the start of the day of the 14th.

 

Summary:

The owner/landlord of the home is obligated to clean and check for Chametz in the home unless the following criteria is fulfilled, in which case the obligation falls upon the renter:

1.       The rental period begins prior to the night of the 14th.

2.       The renter made a legal acquisition of the rental property prior to the night of the 14th.

3.       The renter was given access [i.e. keys] to enter the property prior to the night of the 14th.

In all cases, both the renter and landlord must nullify the Chametz in the home.

 

Practical application

Pesach rentals-Who has to clean the home?

A person who rents a home or apartment from another observant Jew for the duration of Pesach, then if they arrive to the rental home prior to the night of the 14th, then they are obligated to clean and check the home for Chametz. If, however, they will arrive after the start of the night of the 14th, and do not yet have access to the property as stated above [i.e. rental period, acquisition, and keys] then the landlord is obligated to clean and check the home for Chametz. If the owner of the home is a gentile or non-observant Jew who will not clean his home for Pesach, then in all cases the renter is obligated to clean and search the home upon arrival.

 

Does one who is staying at a hotel for Pesach have to clean and check the room for Chametz?[223]

Received access to room prior to the night of the 14th: If one received the keys for the room prior to nightfall of the 14th, then he is obligated to clean and check the room for Chametz with a blessing on the night of the 14th following all the Bedika laws. This applies even if the renter himself never ate Chametz in the room.[224]

Received access to room after the beginning of the night of the 14th: If one only received the keys to the room after nightfall of the 14th, as is common with those who arrive to the hotel on Erev Pesach, then if the hotel is owned by a Jew, it is the Hotel’s responsibility to clean and check the rooms for Pesach in accordance to all the Bedika laws.[225] [In such a case, if a guest ate Chametz in his room after the hotel search was done, then if one was not careful with the Chametz, the search must be redone.[226]] If, however, the hotel is owned by a gentile, then one must immediately clean and check the hotel room for Chametz upon his arrival, whether one arrived on Erev Pesach or on Chol Hamoed. A blessing is to be said before the Bedika and all the common Bedika laws apply. The same applies if the Jewish owner was negligent and for whatever reason did not clean and check the room for Chametz.

If one is leaving the hotel on the 14th?[227] If one stayed in a hotel prior to Pesach, and will be leaving on Erev Pesach, then he is obligated to check for Chametz on the night of the 14th. Nevertheless [if one is checking out of the hotel room prior to the 6th hour on Erev Pesach] a blessing is not to be recited.[228] [If, however, one will be checking out of the hotel room after the 6th hour of the day, then a blessing is to be said before the search.[229]] The above applies whether the hotel is owned by a Jew or gentile.

May one rent a home or hotel room which was not cleaned for Chametz if he will arrive in middle of Pesach?[230]

It is permitted to rent a home or hotel room in the middle of Pesach even if it was not cleaned from Chametz.[231] However, one is to declare upon making the acquisition of the rental that he does not intend to acquire any Chametz that is there.[232] Immediately upon arrival to the home or hotel room, he must perform Bedikas Chametz to the room.[233] Nevertheless, a blessing is not to be recited.[234] If the room was rented from before Pesach, then if he was already given access to the room from before Pesach, then he must arrange for the room to be cleaned beforehand, as stated here and in Halacha 12C.

 

 

Selling to another Jew:[235]

Acquisition done before 14th: One who is selling a home/property to a Jew prior to the 14th of Nissan, then if the buyer makes a Halachically valid acquisition on the home prior to the 14th, the buyer is obligated to clean and check the home for Chametz on the night of the 14th. This applies even if the property was locked and the buyer did not receive the keys until after the beginning of the night of the 14th.[236]

Acquisition done on the 14th: If the buyer did not make a Halachically valid acquisition on the house/property prior to the start of the night of the 14th, then the seller is obligated to clean, check, burn and nullify the Chametz in the home. This applies even if later that night he will finalize with the buyer and have him make an acquisition.

Who nullifies the Chametz? In both of the above scenarios, both the seller and the buyer have to nullify the Chametz on Erev Pesach.

Selling/renting to a gentile:

One who sells or rents his home/property to a gentile before Pesach is not required to clean or check the home/property for Chametz so long as the gentile has access to the home prior to the 6th hour of Erev Pesach and knows that he can take the Chametz for himself. See Halacha 12A for the full details of this subject!

 

Must the renter receive conformation that the owner cleaned/checked the home beforehand?[237]

In all cases that the owner/landlord had the Halachic responsibility in cleaning and checking the home, and the renter does not know if this was done, then one must try to verify this matter with the owner, or with his wife and children.[238] This applies even if the owner is a G-d fearing Jew and can be expected to have followed the law and clean the home beforehand.[239]

Unable to verify: If one is unable to verify if the house was checked, such as if the landlord and his household are no longer in the city and cannot be reached, then if the landowner is a G-d fearing Jew one may assume that he checked the home, and it suffices for the renter to nullify all the Chametz that are in the rooms that are rented to him[240], rather than need to check it due to doubt. [If, however, one did not nullify the Chametz, and it is already past the 6th hour of the day, then he must recheck the home due to doubt.[241] Seemingly, however, this only applies if he acquired the rental home prior to the 6th hour on Erev Pesach, otherwise [if he acquired it after the 6th hour on Erev Pesach] one may rely on the above assumption even though he did not nullify it before Pesach.[242]]

 

Practical application:

Pesach rental or hotel room:

One who is renting a room for Pesach starting from the 14th of Nissan [in which case the owner has the obligation to check] must verify that the owner checked the room for Chametz. If he cannot verify this, then if the owner is a G-d fearing Jew, and it is still prior to the 6th hour of the day, he is to nullify the Chametz and is not required to check the room. If, however, it is past the 6th hour of the day and he did not nullify his Chametz, then if he rented the room prior to the 6th hour of the day, he must search the room for Chametz. If, however, he only rented the room after the 6th hour of the day [such as he rented it on Chol Hamoed Pesach] then he is not required to check the room for Chametz.

 

If one rented a home from a Jew on condition that it was cleaned/searched and it was not cleaned:[243]

One who rents a home from his friend on the basis that it was checked, such as that he made an explicit condition with the landlord that the house is to be checked, then if he finds out that the house was not checked, the renter is obligated to check the home.[244] He may not retract the sale and say the acquisition was done in falsehood [and thus it is null and void].[245]

14. Leaving other people’s Chametz in one’s home over Pesach:

Chametz of another Jew:

It is forbidden for one to have Chametz that belongs to another Jew remain in one’s home on Pesach even if one has no liability over the Chametz, unless that Jew performed Mechiras Chametz. Accordingly, one who is storing the Chametz of another Jew in his home is to contact him prior to the start of the 6th hour on Erev Pesach and verify that he sold his Chametz. If one is unable to verify if the Jew sold his Chametz to a gentile, then he is obligated to sell the Chametz for him, prior to the 6th hour on Erev Pesach.[246] If it is already past the 6th hour on Erev Pesach, and one does not know if the owner sold his Chametz and one did not do so for him, then one is obligated to destroy his friends Chametz.[247]

Chametz of a Gentile

It is permitted to leave a gentile’s Chametz in one’s home over Pesach[248], if one does not have any liability over it even in a case of negligence[249], and one places it behind a Mechitza/divider of ten Tefachim [80 cm.].[250] This, however, only applies from before Pesach, however, on Pesach, it is Rabbinically forbidden to allow a gentile to store/leave his Chametz in one’s home, as was explained in Chapter 2 Halacha 10.[251] [Thus, it is permitted to leave all of one’s Chametz that is included within the sale of Mechiras Chametz within one’s home over Pesach, so long as it is behind a divider that reaches the minimum height of ten Tefach. See Chapter 5 Halacha 5 for the full details of this subject!]

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[1] Likkutei Dibburim 180

[2] Admur 431:2 “If rather than destroying the Chametz one wants to just nullify it and disown it, its meaningless [regarding fulfilling the Torah command] once the Biblical time of the eating and benefit prohibition of Chametz has arrived, which is from midday of the 14th and onwards, as since one is prohibited from benefiting from it, he no longer retains any rights to the Chametz, and [is thus] not his at all [anymore], therefore he can no longer nullify and disown it, [as it is no longer legally owned by him.] However, before the time of the benefit prohibition [arriving], one may nullify and disown the Chametz, and may [after doing so] Biblically leave the Chametz with him in his house throughout all the days of Pesach, as one only Biblically transgresses Baal Yiraeh and Baal Yimatzeh on Chametz that he owns which he has not disowned, as the verse states “You shall not see to you”, that your own Chametz you may not see, however you may see the Chametz of others and that is disowned.”

Other opinions: Some Poskim rule that that even if one did not check his house, and did not nullify his Chametz, he does not retroactively transgress Baal Yiraeh when he finds Chametz on Pesach, and any Chametz which he did not find on Pesach he does not transgress at all, as the Torah only prohibits one from owning known Chametz. [Magen Avraham in his understanding of Rambam and Rosh, brought in Kuntrus Acharon 433:3] We do not rule like this opinion [Kuntrus Acharon 433:3]

[3] Biblically, one is able to disown the Chametz until midday, which is the end of the 6th hour of the day and start of the 7th hour. However, Rabbinically, one may only nullify until the start of the 6th hour of day, as states Admur 433:30 “[The ability, to disown the Chametz until midday, is only from a Biblical perspective, however Rabbinically] once the beginning of the 6th hour of the day has arrived, one is no longer able to nullify the Chametz being that the sages decreed that from the [beginning of the] 6th hour and onwards one cannot get any benefit from the Chametz. Thus, starting from the [beginning] of the 6th hour one no longer has any portion or rights to the Chametz, and it is thus not considered his for him to be able to nullify it and disown it.”]

[4] The reason: As one only Biblically transgresses Baal Yiraeh and Baal Yimatzeh on Chametz that he owns, which he has not disowned, as the verse states “You shall not see to you”, that your own Chametz you may not see, however you may see the Chametz of others and that which is disowned. [ibid]

[5] Admur 431:3 “[The above ability to do bittul and disown the Chametz before the 6th hour, and then be able to leave the Chametz in his home, is only from a Biblical perspective, however] the sages decreed that doing bittul and disowning the Chametz is meaningless to [avoiding the prohibition of owning] the Chametz even when done before the time of the benefit prohibition arrives [i.e. the 6th hour]. Rather, they decreed that one must search after the Chametz in the holes and hidden areas, if it is common to use these areas throughout the year, and to check and remove any Chametz found within his entire property, and [destroy it or places it in a public area, as will be explained.]”

[6] The reason for this decree: Admur 431:4: There are two reasons why the sages made the above decree [that the Chametz may not remain in one’s home even if nullified and disowned]:

  1. First Reason [Rashi]: The reason why the Sages made the nullification ineffective is because nullifying and disowning the Chametz is dependent on ones thought, [meaning] that he disowns the Chametz with a full heart and remove it completely from his heart. Now, since not all people’s thoughts: Daas are alike, and it is [thus] possible that one may be lenient in this and will not disown it with a full heart, and will not remove it from his heart completely, therefore, the sages decreed that nullification and disowning is meaningless unless one actually removes all his Chametz from his property. [1st reason in Admur 431:4]
  2. Second Reason [Tosafos]: [The reason why they decreed that the Chametz be removed from ones property] is because people are accustomed throughout the year to eat Chametz, and due to this habit it is very possible for him to come to forget about the prohibition of eating Chametz, and he will thus come to eat Chametz if it is lying in his property on Pesach. Therefore, the sages required that one search and check for Chametz and remove it. [2nd reason in Admur 431:4]

The main reason: [Although these two reasons are mentioned] the main reason of the sages for one to search for Chametz, despite having nullified it, is because of a decree that perhaps one will come to eat it on Pesach. [Admur 433:19] 

[7] See Admur 433:34; 434:6; 435:4

The concept of Baal Yiraeh Ubaal Yimatzeh Midivreiy Sofrim: An innovative idea brought in the Shulchan Aruch of Admur is the concept of a Rabbinical transgression of Baal Yiraeh and Baal Yimatzeh. Meaning, that if one does not check and remove the Chametz from his home he is not transgressing a plain Rabbinical decree which obligates one to do so, but rather he actually transgresses the Biblical concept of Baal Yiraeh and Baal Yimatzeh from a Rabbinical standpoint. The practical ramification between whether one learns the decree is to destroy the Chametz or learns that it is a Rabbinical Baal Yiraeh prohibition, is regarding a case that one who nullified his Chametz before Pesach and then found Chametz on Pesach. Does one say a blessing when destroying this Chametz? If one learns like the former approach, then a blessing is not recited, as we never recite a blessing prior to destroying a non-Kosher item simply to avoid coming to eat it. If, however, one learns like the latter approach, then a blessing is required, just as a blessing is recited prior to performing all Rabbinical commands. [Admur 435:4; 446:2; Kuntrus Acharon 1] Practically, Admur learns like this second approach. However, today that we in any event sell our Chametz, when Chametz is found during Pesach no blessing is said upon destroying it, as will be explained in its relevant section.

A deeper understanding:  The decree of the sages that one must remove Chametz from his property was not worded as “that one must remove the Chametz from his home”. Rather it was worded that “Nullification does not help”, and then consequently one must remove the Chametz from his home, as Biblically one must remove Chametz from his home if he owns it. Thus, in a case that one has disowned and removed his Chametz into a public area before the 6th hour, then he does not need to destroy it, as even when we disqualify this nullification, one still does not need to Biblically destroy the Chametz, being that it is not in his property at all, and therefore there is no obligation to destroy it. Accordingly, it is greater understood why Admur holds of the concept of Baal Yiraeh and Baal Yimatzeh Midivreiy Sofrim, as since the sages disqualified the nullification, there remains a Biblical prohibition of Baal Yiraeh. [See Admur 445:1-2]

[8] Admur 433:38 “All rooms which need to be checked need to be swept prior to the Bedika. Every person should warn his family to also sweep under the beds as perhaps some Chametz has rolled under it. The reason for sweeping is because without sweeping there remains much dust [on the floor], and one is thus not able to check well. After one has swept well in all places, he has to return and check all the places with a candle, in the holes and cracks which require checking.”

[9] Admur 432:8; 436:3

[10] The reason: The reason for [why the dependents are not obligated when the father is around] is because the Chametz in the home belongs [only to the father/owner of the house and] not at all to any of the dependents. [Admur 432:8]

[11] The reason: When the father is not around, the dependents are obligated to clean and search the home not because they will transgress an owning prohibition, but rather Kol Yisrael Areivim. Meaning, that since the homeowner was obligated to search for Chametz all the rooms which are required to be searched [as explained in chapter 433] therefore those who remain in his home are obligated to exempt him from his obligation, as all Jews are guarantors for each other. [Admur 436:3]

[12] Admur 436:20

[13] The reason: If one will be moving in with someone else, and that someone else is the owner of the house, and that owner will check for and destroy the Chametz himself [and thus he will not be able to do a Bedika for Chametz], nevertheless, since the owner will also search and destroy the Chametz which he [the guest/boarder] used in that house from when he arrived there until Pesach, therefore, this owner is considered to be his [the guests] emissary to check and destroy his Chametz. Now, since the rule is that the emissary of a person is like himself, therefore it is considered as if he himself has destroyed his Chametz, [and he has thus fulfilled the decree of the sages to search for and destroy the Chametz of at least one home, no matter what the situation]. [Admur ibid]

[14] See Kinyan Torah 1:110; Moadim Uzmanim 7:162 Piskeiy Teshuvos 448:14; 436 footnote 20

[15] See Halacha 14 and Chapter 5 Halacha 5!

[16] See Admur 436:1 and Kuntrus Acharon 436:3 that one may not allow even Chametz that he does not transgress owning into his home due to worry that he may come to eat it.

[17] See Chapter 4 Halacha 2 in Q&A!

[18] See Kinyan Torah 1:110; Moadim Uzmanim 7:162Piskeiy Teshuvos 448:14; 436 footnote 20

[19] Admur 433:13; 442:28; 444:9; 446:3; Chayeh Adam 119:10; Poskim in M”B 442:33

Background: In the end of 433:13 Admur says that one needs to check for even “Shum Pirur Chametz” and in 442:28 that Rabbinically one may not own even less than a Kezayis. In 444:9 Admur rules that one needs to destroy the small leftover crumbs when Erev Pesach falls on Shabbos, and in 446:3 that on Pesach one must destroy even less than a Kezayis of Chametz which one has done bittul to.

Other opinions: Some Poskim rule one is not required to each for a crumb of Chametz which is less than a Kezayis. [See Poskim in Nitei Gavriel 3 Teshuvas 1]

[20] The reason: As the Sages decreed against owning even less than a Kezayis of Chametz, lest one come to own a Kezayis. [Admur 442:28] This decree only applies in a case that one did not nullify his Chametz before Pesach, or does not plan to do so. In such a case, one transgresses a Rabbinical prohibition of Baal Yiraeh over such Chametz, even though it is less than a Kezayis. If, however, one nullified the Chametz, then it follows the law and reason explained next. [Admur Kuntrus Acharon 446:1]

[21] Admur 442:28; 446:3

The reason: One must search for even less than a Kezayis crumb of Chametz which is anyways nullified because one may come to forget and inadvertently eat it on Pesach. [Admur 442:28] It, however, is not prohibited due to a Rabbinical Baal Yiraeh prohibition [as if it was already nullified it would be a double Dirabanan, which is a decree upon a decree]. [Kuntrus Acharon 446:1] Due to this, one does not say a blessing of Bedikas Chametz if one only has suspicion that less than a Kezayis of Chametz has remained to be checked for. [Admur 432:5] Likewise, when burning less than a Kezayis of nullified Chametz on Pesach, a blessing may never be said. [Admur 446:3; Kuntrus Acharon 446:1]

Other opinions: Some Poskim rule it is permitted even Rabbinically to own less than a Kezayis of Chametz which has been nullified before Pesach. [Opinion brought in Admur 446:3; M”A 442:12 in his understanding of: Abayei in Pesachim 45a; Riy in Tosafos ibid; Rosh 3:2; Tur 442 in name of Rosh; Peri Chadash 442:7]

[22] Admur 442:28; M”A 442:10; Yireim 301; Hagahos Maimanis 2:15 Taf; Vetzaruch Iyun if one finds a less than a Kezayis piece of Chametz which was nullified, if it sufficed for one to dirty it to the point that people will not come to eat it, or to simply throw it out of one’s house on Pesach.

The reason: As less than a Kezayis of nullified Chametz is not prohibited due to a Rabbinical owning prohibition of Baal Yiraeh, but rather simply due to worry that one may come to eat it. Now, since when the Chametz is dirty there is no need to suspect that one will come to eat it, therefore, there is no need to get rid of it. [See Admur Kuntrus Acharon 446:1]

Must one actively nullify a less than Kezayis piece? All insignificant size crumbs of baked Chametz which are less than a Kezayis is considered automatically nullified, and thus it is not necessary to actively nullify it before Pesach. However, a significant size crumb of baked Chametz even if less than a Kezayis is not considered automatically nullified, and thus must actively be nullified before Pesach. [See Admur 434:6; 460:5] A piece of dough is considered significant and must be actively nullified before Pesach. [Admur ibid]

[23] Admur 442:28

[24] Admur 444:9

[25] The reason: Even if one sees the crumbs lying on the ground, one is not required to gather them and burn them if they are in an area where people step on, being that they end up getting destroyed on their own through stepping on them. [Admur ibid]

[26] See Nitei Gavriel 76:6

[27] Admur 433:13-17

[28] Admur 433:13

[29] Areas which one is Biblically obligated to check-Contains Kezayis of Chametz: Biblically, [i.e. when doing the Bedika because he has not nullified his Chametz] he is only obligated to search for Chametz in areas which one frequently eats or stores Chametz in throughout the year. This includes ones living room, kitchen and the bedrooms which one eats Chametz in throughout the year, and it is therefore impossible that a kezayis of Chametz has not crumbled and fallen into those areas, of which one Biblically transgresses baal yiraeh and baal yimatzeh throughout all the days of Pesach even if they are not visible to him. However, the other rooms which one does not commonly use Chametz in them frequently throughout the year, and it is thus probable that a kezayis of Chametz has not remained in them, are not Biblically required to be checked even if one did not nullify his Chametz. [Admur 433:12] The reason for this is because Biblically we do not suspect for such a doubtful situation of Chametz being present, [as perhaps Chametz was never entered into there, and perhaps even if it was it was all removed, and even if some Chametz did remain, perhaps it occurred many days before Pesach and it has spoiled by now and is no longer edible for a dog]. Thus, being that Biblically we follow the rule that we do not assume for bad, and rather assume that it is clean of Chametz, therefore, these areas do not Biblically have to be checked. [Admur 433:25]

The areas which must be searched Rabbinically-Any area with suspicion of even a crumb of Chametz: Rabbinically, even if one has nullified all his Chametz, one must check and search for Chametz in all areas where there is [even] suspicion and doubt that perhaps Chametz was brought into it by chance. [Admur 433:13] The reason for this is because due to the stringency of the Chametz prohibition, the sages suspected for even a case that there is doubt of Chametz, and they therefore enacted the Mitzvah of Bedika. Thus, it makes no difference if there is only one doubt involved or many doubts involved, as either way they suspected for all doubts of Chametz. [Admur 433:25]

[30] This applies even if there are many doubts involved to be lenient, such as perhaps Chametz was never entered into there, and perhaps even if it was, it was all removed, and even if some Chametz did remain perhaps it occurred many days before Pesach and it has spoiled by now and is no longer edible for a dog. [Admur 433:25] See previous footnote!

[31] Admur 433:14

[32] Admur 433:17

[33] However, if one plans to make regular use of the item/room during Pesach, in which case it cannot be included in the sale. See Halacha 1 in Q&A!

[34] See Admur 436:20

[35] From the letter of the law it is permitted to do so, as one does not own the Chametz anymore [as explained in Admur 436:20] and in such a great case of Hefker to the gentile, there is not even a Rabbinical obligation to clean the home [as explained in Admur ibid]. Furthermore, although even the Chametz of a gentile must be placed behind a Mechitza lest he come to eat it [Admur 440:5], this is only required in one’s own home, when the gentile is not there. However, when living in a gentile’s home, in presence of the gentile, we do not suspect that one will eat from his Chametz unless one is eating with him the same table. [See Admur 440:3-4] Nonetheless, this is certainly not an ideal situation, and hence one should do all in his power to make other arrangements for Pesach.

[36] Admur 433:13

[37] The reason: The reason for this is because [even though a person may never have eaten in a certain room, nevertheless] at times one gets up in middle of his meal while bread is in his hand and enters into the rooms to do whatever he needs to do, such as the room used to store collaterals that one at times enters into it while in middle of a meal in order to return it to its owner, and there is thus suspicion that perhaps he forgot his bread there or that a crumb of it [no matter the size] fell off. [Admur 433:13]

[38] Admur 433:15

[39] The reason: Storage rooms [which contain] wine, beer, salt, cheese, pickled foods, and candles which one uses [by meals or uses to sell], need to be checked, as at times in middle of a meal one finishes his current amount and goes into the storage room to bring more food while the bread is still in his hand. [Admur ibid]

[40] Such as the storage rooms for wine and beer which he does not use for selling or drinking from, as well as one’s room used to store straw. [Admur 433:14] Similarly rooms which contain items which one does not need to restock from in middle of a meal, such as that one knows how much of it will be needed for the meal, and thus will not need to go restock in middle of the meal, such as storage of oil and the like of which one does not commonly use frequently, and it is not common to restore it in middle of a meal, then one does not need to search these areas. Although if one uses oil for lighting his lamps, then in such a case if one uses the oil from the storage for lighting, then one does need to check it. [Admur 433:16]

[41] Admur 433:14 and 16

[42] Admur 433:17 regarding holes

[43] 433:18

[44] The reason: As there is suspicion that perhaps some Chametz fell on the floor and rolled into the crack or hole. [Admur ibid]

[45] See Admur 433:17

[46] If one stores clothing after having used them, before washing them, in the closet, then if it is at times common for one to enter Chametz into his pockets, not only must he check those pockets, but he possibly must check the entire closet. 

[47] Or Letziyon 1:32 that he did not see this accustomed; Haggadah Chazon Ovadia; Rav Shlomo Zalman Aurbach; Madrich Eida Hachareidis; Nitei Gavriel footnote 9 and in Teshuvos 1 that from the letter of the it does not need to be checked; Rav Eli Landau related to me that in his father’s home, they were very particular during the year not to place Sefarim near Chametz or on a table with Chametz. They thus did not clean out the Sefarim before Pesach.

The Rebbe’s custom: Rabbi Groner related to me regarding the Sefarim in the Rebbe’s office that “We did not check the seforim in the room, and neither did the Rebbe” However, the Mashbak Chesed Halbershtam related to me that he had the job in the Rebbe’s home to clean all the books that the Rebbe learned from while there was Chametz on the table. “I would take the books to the porch on the third floor and open the books into the air, one page at a time. Each page was cleaned.”

[48] The reason: As the crumbs of Chametz found in between the binding of a book is certainly less than a Kezayis and it is dirty, and thus may be owned if one does Bittul. [See Admur 442:28, brought in Halacha 2]

[49] Maaseh Rav of Gra 178; Aruch Hashulchan end of 447 that from Purim and onwards one is to be careful that crumbs do not fall inside; Yeshuos Chochma on Kitzur SHU”A; Chazon Ish 116:18 that they are to be shaken; Orchos Rabbeinu Pesach 21; Shevet Halevi 1:136; Mishneh Halachos 7:64; Piskeiy Teshuvos 431:4; Sefarim brought in Nitei Gavriel footnote 9; Tzanzar Rebbe that so is Minhag of Klal Yisrael of many generations, brought in Nitei Gavriel ibid; Nitei Gavriel concludes in his Teshuvos that the custom is to do so, and hence one is not to be lenient

[50] Admur 442:28

[51] If it contains less than a Kezayis then it only needs to be destroyed Rabbinically. If it contains a kezayis or more than it needs to be Biblically destroyed if one did not perform Bittul. [Admur ibid] Vetzaruch Iyun if all the loose crumbs in a vessel join to form a Kezayis, and are hence Biblically required to be destroyed, as explains Admur 442:29. We find a precedent regarding hafrashas Challah, that loose bread can join to form Shiur Challah if they are all in one vessel.

[52] Admur 442:28

The reason: as since its stuck to the vessel its nullified to the vessel and thus does not need to be destroyed

[53] Admur 442:29

The reason: This is as a safeguard against coming to own a Kezayis worth of Chametz. [Admur ibid]

[54] Admur 442:28

The reason: As all the Chametz in the vessel is Biblically considered to be joined together to form a kezayis. [Admur 442:29]

[55] Admur 442:27

[56] The reason: As the Chametz is considered nullified to the vessel and are considered to be part of its walls. [Admur ibid]

[57] Admur 442:29

The reason: This is required as a safeguard against coming to own a Kezayis. [Admur ibid]

[58] The reason: As since it is a size of importance, it is thus not nullified to the vessel and is thus not considered to be part of its walls. [Admur ibid]

Two half zeisim attached with a dough string: If the dough string is sturdy enough to drag with it the two half zeisim pieces, then it is all considered one Kezayis and must be scraped off. [Admur ibid]

[59] Admur 442:29

[60] Even by less than a Kezayis piece, if it was not nullified before Pesach it Rabbinically needs to be destroyed completely from the world, as a safeguard against coming to own a kezayis worth. [Admur ibid]

[61] The reason: The Chametz that is attached to the walls of a room does not Biblically join together to form a Kezayis, and thus Biblically it suffices to nullify the Chametz before Pesach. However, Rabbinically, all the Chametz that is stuck on the walls/floor/ceiling of one room [join together to form a Kezayis as] at times they are swept together and become joined. Thus, one must destroy the Chametz even if he plans to nullify it before Pesach, [unless it is placed on the wall as a sealant to fill up holes or cracks.] However, the Chametz of two different rooms do not join to form a Kezayis, and thus if one has only a half Kezayis in each room he does not have to scrape it off, if he will do Bittul before Pesach.[ [Admur ibid]

Chametz attached to a window: Chametz that is attached to a window does not joined together to form a kezayis because the window is attached to a wall and a wall does not join together to form a Kezayis. [Admur 442:25] Vetzaruch Iyun, as here Admur states that Rabbinically the Kezayis does join even by walls. Perhaps however one can say that by a window we do not assume that it will be swept up and join to a Kezayis, and hence the sages did not decree against it.

[62] Admur 442:27

[63] The reason: As the Chametz is considered nullified to the vessel and are considered to be part of its walls. [Admur ibid]

[64] Admur 442:29

The reason: This is required as a safeguard against coming to own a Kezayis. [Admur ibid]

[65] The reason: As since it is a size of importance, it is thus not nullified to the vessel and is thus not considered to be part of its walls. [Admur ibid]

Two half zeisim attached with a dough string: If the dough string is sturdy enough to drag with it the two half zeisim pieces, then it is all considered one Kezayis and must be scraped off. [Admur ibid]

[66] Admur 442:30; Michaber 442:6 “The custom is to scrape the walls and chairs which touched Chametz and they have upon whom to rely”; Tur 442; Rosh 3:2 “I did not lengthen on these laws of dough stuck on vessels as the Jewish people are holy and are accustomed…”; Raavan, brought in Rosh ibid “This custom of scraping down the walls and chairs has a root in the Yerushalmi”; Rokeiach 247; Radbaz 1:135 “The Jewish people are holy as writes the Rosh, and as we see that they keep extra Chumros, in contrast to other Issurim”; Yosef Ometz 699; Mamar Mordechai 442:6, M”B 442:28, Kaf Hachaim 442:69 “Since the custom is based on the Yerushalmi, one is therefore not to belittle it and claim it is a Minhag Shtus and superfluous stringency.”

[67] Admur ibid; Michaber ibid; From the letter of the law however, it is permitted to leave the Chametz there throughout Pesach, so long as one plans to do Bittul. [See Admur 433:19]

[68] Admur 433:19; based on 433:21 regarding a hole in wall, 433:30 regarding a Mapoles and 438:11 regarding a pit; Rambam and Michaber 438:2 regarding a pit; Chok Yaakov 433:13; Ashel Avraham 433 according to Rambam; Olas Shabbos 433, although concludes with Tzaruch Iyun because of ruling of Bach; Peri Chadash 433; Makor Chaim 8; M”B 433:29; Implication of P”M 433 A”A 11; Kaf Hachaim 433:56; Piskeiy Teshuvos 433:4

Background from Admur:

Chametz found in the cracks of a wooden plank floor [433:19]: If one has a [floor which has small deep crevice’s in between the tiles, such as by a] wooden board floor with small deep cracks in between the planks of wood, and one is thus unable to enter his hand into the hole to check for Chametz, he does not need to remove the tiles/wood in order to allow him to check under them. Even if one sees that Chametz has fallen into one of the small holes, and if one does not remove it from there, then it will be there throughout all the days of Pesach, nevertheless we do not trouble him to remove it from there, and rather he is to nullify it and that suffices.

Chametz is inside hole of wall [433:20]: The same law applies by a hole in one’s wall or floor which is wide enough for one to fit his hand in, but is very deep, that one is not able to enter his hand to search the entire hole for Chametz, then one checks the hole to as deep that his hand reaches, and the remaining area suffices with ones nullification. This applies even if there is certainly Chametz there [and even if there is more than a Kezayis].

The source of Admur’s ruling: This case ruling of Admur ibid is not recorded in previous Poskim. Admur ibid learned this ruling from the ruling he brings next in 433:21 [as rules Michaber 433:7 and Pesachim 8a] regarding Chametz that is found in a whole in the wall that cannot be reached, in which case we rule that one is not required to check the hole past the area that one can reach with one’s hand, and that this applies even if there is certainly Chametz there. This itself [that even by certain Chametz one is not required to remove it from a deep hole] is learned from 438:11 regarding Chametz found in a pit, in which case we rule that it may remain there over Pesach with Bittul. [Admur ibid; Michaber 438:2; Tur 438; Rambam Chametz 2] [Kuntrus Acharon 433:4] It is likewise learned from the ruling in 433:30 regarding a Mapoles of three Tefachim, that even according to the second, stringent opinion, nullification suffices. Thus, in total the basis of Admur’s ruling is from the ruling brought in Michaber ibid regarding a pit, and the ruling regarding a Mapoles, which is the understood ruling regarding a hole in the wall, and hence the same applies to a crack.

Other opinions: Some Poskim rule that if one knows for certain that there is Chametz found in a hole, then he must destroy the Chametz even if it is not reachable by hand, and relying on Bittul does not suffice. [Bach 433; Raavad regarding the law by a pit, brought in Taz 438:4, Chok Yaakov ibid, Ashel Avraham ibid, P”M 433 A”A 11] The Chok Yaakov and Ashel Avraham ibid negate this ruling of Bach, as the Rambam, Tur and Michaber 438:2 all rule unlike the Raavad regarding a pit.

[69] The reason: The reason for this is because the main enactment of the sages for one to search for Chametz, despite having nullified it, is due to a decree that one may come to eat it on Pesach. Now, in the above case being that this Chametz is in an area which one cannot place his hand in, certainly he will not come to eat it on Pesach. [Admur 433:19] Now, although by a Mapoles of less than three Tefachim the Sages nevertheless required one to destroy the Chametz [Admur 433:30], this is only because the Chametz may come to be revealed by a dog through the dog removing the mound. However, here, by Chametz stuck between cracks or in a deep pit, there is no possibility for a dog to undo the wall, or for it to happen on its own, as is common by a mound. There is also no need to suspect that an item of value may get lost in the crack over Pesach and he may come to undo the floor on Pesach in order to retrieve it, as this law is learned from Chametz found in a pit in which case we do not suspect for such a matter. There is also no need to suspect that a rat will remove the Chametz to a reachable area the same way we do not suspect regarding a pit. The reason we do not suspect for a rat dragging out Chametz is because there is no end to such a suspicion. If we were to suspect for such a thing then we should not allow Chametz of a gentile to be kept behind a Mechitza, and should continuously suspect perhaps Chametz in a gentile’s house was brought to the house of a Jew. [Kuntrus Acharon 433:4]

[70] See Kaf Hachaim ibid

[71] Pashut, see Admur ibid in all sources and Kuntrus Acharon 433:4; Unlike Piskeiy Teshuvos 433 footnote 6 who says its implied from Admur in Kuntrus Acharon ibid that if the Chametz is visible it should be destroyed. This is inaccurate. Upashut!

[72] Pashut! See 433:30 regarding a Mapoles

[73] Admur 442:30 and Michaber 442:6 “If there is Chametz in a crack that one cannot remove, then one can place on it a little bit of cement over it”. Now, although one can argue that the above refers to dough that is stuck in the crack of a wall, and bits and pieces can be removed, but it’s difficult to remove in entirety, nonetheless the spirit of the stringency should apply in this case as well. Vetzaruch Iyun why Admur made no mention here in 433:19 of this matter.

[74] This is derived from the ruling in Admur 438:11 which requires one to remove Chametz from a high surface, lest it fall on Pesach and one come to eat. Thus, seemingly, the entire allowance brought above in 433:19 regarding unreachable areas is in a case that the Chametz cannot come to fall out on its own. If, however, it is possible for it to fall out on Pesach then one should be required to do so. However, this only applies by a Kezayis of Chametz, or less than a Kezayis that is not dirty, if however, the Chametz stuck inside is less than a Kezayis and is dirty, then even shaking is not required.

[75] This is derived from the fact that Admur ibid does not require one to use means other than his hands to remove the Chametz, and if his hands cannot remove it the nullification suffices. Accordingly, one does not need to use toothpick and the like to remove Chametz from cracks, if they are not reachable with one’s hands.

[76] As since the moving of the fridge door can cause Chametz to fall out from the area that it is stuck in, it is similar to Chametz which is on a high surface which one must remove.

[77] As explained in the above Halacha from 433:19-20

[78] Although this is not required from the letter of the law as explained above, nevertheless “Yisrael Kedoshim Heim” and are thus accustomed to destroy all Chametz, even Chametz that is allowed to remain throughout Pesach. Hence one should spoil the Chametz through pouring bleach on it.

[79] As a) The Chametz is unreachable by hand, and thus nullification alone suffices. b) The Chametz found there is less than a Kezayis and is certainly dirty. Due to the second reason, it is not required to even shake out the Chametz, if possible.

[80] See Michaber 442:6

[81] Admur 438:11

[82] The reason: The reason for this is because it is possible for the Chametz to fall and one may then forget and come to eat it. [Admur ibid] It is thus not similar to Chametz found in cracks and crevices that are unreachable by hand, as there is no worry that such Chametz will become reachable over Pesach.

[83] Although in 438:11 Admur writes “a kezayis” is to be destroyed from a high surface [and not less-as rules the Elya Raba 438:7 and Olas Shabbos 438:2] nevertheless in the Kuntrus Acharon he questions this ruling and seemingly leans to be stringent.

[84] Admur 438:11

[85] The reason: We do not trouble him to have to bring a ladder to bring up the Chametz from there, and rather the nullification alone suffices as we do not suspect that perhaps someone will go into the pit on Pesach and come to eat the Chametz. [ibid]

[86] Admur 438:12

[87]  Admur 433:30

[88] Admur 433:30

Background from Admur ibid:

According to all opinions, if one nullified his Chametz or plans to do so he is not required to check under a three Tefach mound for Chametz. Regarding the reason for this ruling, Admur records two opinions, from which there results a practical ramification as will be explained. The gist of the dispute is whether the Chametz is considered Biblically destroyed, and thus the nullification is only Rabbinically required, or if the Chametz is not considered destroyed and hence the nullification is Biblically required.

First opinion: The first opinion rules that Biblically, Chametz that is under a three Tefach mound is considered completely destroyed from the world, as a dog cannot smell through a mound of three Tefach height, and it is thus considered as if the Chametz is destroyed from the world [as it will never become revealed]. Thus, even if one does not nullify his Chametz, he does not Biblically transgress Baal Yiraeh and Baal Yimatzeh.  Furthermore, Biblically one may even Lechatchilah place a mound this high on top of the Chametz, even after the time of destroying Chametz has arrived, and through doing so the Chametz is considered to be destroyed [by him], and then after Pesach he can remove the mound and return and acquire the buried Chametz. The above is all from a Biblical perspective, however Rabbinically, even if the mound fell onto the Chametz on its own, one must nullify the Chametz prior to the 6th hour. The reason for this is because of a decree that perhaps the mound will be removed on Pesach and the Chametz will be revealed and if one did not nullify it before the 6th hour then he will transgress on it the Biblical prohibition of Baal Yiraeh and Baal Yimatzeh.

Second Opinion: The second opinion, however, rules that Chametz is Biblically not considered to be completely destroyed from the world even if there is a mound of three Tefach height over it. It is rather similar to Chametz that is hidden in a pit, ditch, or caves, and one is Biblically required to destroy such Chametz. Thus, if one does not want to remove the mound and destroy the Chametz at the time of destruction, then he is Biblically obligated to nullify it before the 6th hour arrives. Nevertheless, even according to this opinion, if one nullifies the Chametz or plans to do so, he is no longer required to undo the mound and destroy the Chametz even Rabbinically [even though that in general the Sages required Bedika to be done]. The reason for this is because the main reason behind the decree of the sages to invalidate the nullification of Chametz and one obligate one to search for it, is in order to prevent one from forgetting and coming to eat the Chametz on Pesach. Thus, in this case that the Chametz is covered by a mound of three Tefach high which a dog cannot smell or remove the Chametz from under it, there is no suspicion that perhaps one will come to eat it on Pesach.

The practical ramification of the two opinions: If one did not nullify his Chametz prior to the 6th hour, then according to the first opinion which holds nullification is only Rabbinical required in such a case, it is not necessary to undo the mound and search for Chametz even if he transgressed and did not nullify it. However, according to the second opinion, since he is Biblically obligated to nullify the Chametz, if he did not do so, he is Biblically required to undo the mound and destroy any Chametz that is under it.

The final Halacha: One should be stringent like the latter opinion, being that we are dealing with a Biblical prohibition. 

A mound which is not removable even by professionals: If a mound so large that it cannot be removed even through professionals, then the Chametz is considered destroyed completely from the world according to all opinions, and even lechatchilah one does not need to nullify it at all. The reason for this is because the Torah says “Do not see your Chametz”, only your Chametz may not be seen, while this Chametz is not considered his, as since he cannot remove it from the mound, he has no rights towards it. [Admur ibid]

[89] The reason: The reason one is not required to search for Chametz under a three Tefach mound is because a dog cannot smell through a mound of three Tefach height, and it is thus considered as if the Chametz is destroyed from the world. Nevertheless, one is required to nullify the Chametz that is there. [Admur ibid; See Background!]

[90] Admur 433:31

[91] The reason: If a small mound fell on the Chametz, one is obligated to search and remove any Chametz from there even if he plans to nullify the Chametz before Pesach, as since a dog is able to smell the Chametz and remove it from there, the Sages suspected the Chametz may become revealed and one may forget and come to eat it. Hence, they ruled that the nullification does not suffice. [Admur ibid] See Admur Kuntrus Acharon 433:4 regarding why this suspicion of a dog was not applied to other cases, such as Chametz that is stuck under a tile [brought above in A].

If one is unsure if there is Chametz under the mound: The above ruling applies even if one is unsure whether the mound contains Chametz. [So is implied from 433:32; See next part of this Halacha regarding hiring professional help.]

[92] Admur 433:32

[93] Such as it is an area where scorpions are common to be found, such as in mounds and garbage, (however snakes are not definitively life threatening) [ibid]

[94] The reason: The reason for this is because even if there is Chametz inside a mound of less than three Tefach, he is not Biblically obligated to remove it from there and destroy it being that he already nullified it or plans to do so. Hence, the sages did not trouble one to require him to hire professional help to remove the Chametz being that perhaps there is no Chametz there. [Admur ibid] [However, if there is no danger involved in removing the mound, then if the mound is less than three Tefach one is Rabbinically obligated to search for Chametz under it even if he does not know for certain whether it contains Chametz. This applies even if he nullifies the possible Chametz before hand, as when no danger is involved it is like any other case of an area that may have Chametz which must be searched.]

[95] Admur 433:32

[96] The reason: As we are stringent like the second opinion that the nullification is Biblically required even by a mound of three Tefach. [See Background!] If in this case the mound is less than three Tefach, then according to all one is Biblically required to destroy any Chametz from under it since he did not nullify it before Pesach.

[97] The reason: The reason for this is because in such a case, we rely on the first opinion stated above that Chametz under a mound of three Tefach is considered Biblically destroyed, and thus one is only Rabbinically required to nullify it, in which case we said that if one did not nullify it, he does not need to remove the mound. This applies especially in this case that we do not even know for certain that there is Chametz under it. [If however one knows for certain that there is Chametz under the mound it is, implied from Admur that one needs to search for the Chametz if one did not nullify it, as when no danger is involved we are stringent like the second opinion mentioned above, that if one did not nullify his Chametz he must Biblically search for it, and when searching we do not differentiate between definitive Chametz and only doubtful Chametz. Vetzaruch Iyun]

[98] See Admur 436:12

[99] If however its height does not reach 24 cm, then we suspect it may become revealed by a dog just as we suspect by a mound less than 24 cm. This is not similar to Chametz which is stuck between cracks, as explained in Kuntrus Acharon 433:4.

[100] The reason: As they have the same law as Chametz found under a mound, and Chametz found under a floor panel of which nullification suffices. Just like in those cases we do not suspect one will come to undo the tile, similarly here we do not suspect one will move the furniture or appliances and a dog will not be able to remove it. As with regards to a Mapoles less than three Tefachim of which we suspect it may become removed

[101] Must one use a broom and the like to reach the Chametz under an appliance? In all the above cases in which one is not required to remove the item sitting on the Chametz, he does not need to use a broom to remove the Chametz that is beyond his hands reach. [So is implied from all Poskim who never mention a need to use an item to help one reach the Chametz.]

[102] If the item is commonly moved, then it falls under the category of a mound that one plans to undo on Pesach. If, however, one plans to not move the item throughout the entire Pesach, then seemingly there is no requirement to clean under it if it reaches a height of 24 cm. As in such a case it is exactly similar to a mound. [See Sefer of Rav Blumenkrantz in 3-42]

[103] The reason: As a) The wheels greatly elevate the appliance and thus it is not directly resting on the Chametz as is the case with a mound. B) It is common, and easy, to be moved.

[104] Admur 436:12-19

[105] Admur 436:12 “Any room which is required to be searched on the night of the 14th, whether it is required to be searched Biblically or only Rabbinically, is obligated to be searched prior to placing items for storage within it, if he plans to undo the storage during Pesach. The search must be done even if one wants to place the storage in the room at the beginning of the year, meaning right after the previous Pesach. Items of storage include fruits or wood or other items which when placed will prevent one from being able to check the room on the night of the 14th.”

[106] Admur 436:14-15

Background: Admur ibid records a dispute regarding whether one is obligated to search for Chametz in the area he plans to install the item, if he is doing so prior to thirty days before Pesach. The first opinion rules that if one is making the storage prior to thirty days before, then he does not need to check the room before hand, and the nullification which will be done on the night of the 14th suffices. This applies even if the area in which he is placing the item needs to be Biblically checked, in which case we [usually] do not differentiate between prior to thirty days and within thirty days, nevertheless, since he is placing a storage on the Chametz in this room, thereby one does not need to search it beforehand. The reason for [why even a Biblical room does not need to be searched] is because this Chametz which is under the storage is similar to Chametz which has had a Mapoles fall on it, which is Biblically considered to be completely destroyed, and even nullification of this Chametz is only Rabbinically required, as explained in chapter 433. Now, although the sages decreed that initially, even if one will nullify and disown this Chametz in his mouth and heart, [nevertheless] one may not use this method [of mapoles] to destroy his Chametz, and thus only if a mapoles/mound fell on its own onto the Chametz [did the Chametz recognize its destruction] as opposed to if one with ones hands placed the mound on it, or placed storage on top of it. Nevertheless, [this Rabbinical decree only applies within thirty days before Pesach] however prior to thirty days this decree does not yet take effect. [Admur 436:14-15] However, there are opinions who say that one is obligated to check rooms which are Biblically required to be checked, prior to storing items in it. The reason for their opinion is because they hold that Chametz which has had a mound fall on top of it is not considered completely destroyed from the world, and thus if he does not nullify it before midday of the 14th, then he is Biblically obligated to remove the mound and remove the Chametz and destroy it from the world completely, as explained in chapter 433. Thus, they hold that this Chametz which [one wants to place] the storage on, since it will not be able to be destroyed on the 14th, being that there is storage on top of it which he does not plan to remove before Pesach, therefore it must [Biblically be destroyed prior to placing the storage on it]. Thus, all the Chametz in this room must Biblically be destroyed, even though this is taking place prior to thirty days before Pesach. Therefore [since the Biblical obligation begins already] the Rabbinical decree also takes effect, that the form of destruction which is required by the Torah is not fulfilled alone through nullifying and disowning the Chametz, and rather it must be actually destroyed, as explained above. Practically, one should Lechatchilah be stringent like the latter opinion, although Bedieved if he has already entered the storage there, he does not need to remove the storage and check under it and rather the nullification alone suffices. Furthermore, even if he knows for certain that there is a lot of Chametz under it, nevertheless, he does not have to destroy it and may rather rely on the nullification. The reason for [why Bedieved we are lenient] is because once the Chametz has been nullified, it only needs to be destroyed Rabbinically, and by a dispute over a Rabbinical obligation we are lenient like the first opinion. [Admur 436:15]

[107] Admur 436:14

The reason: If one does not plan to undo the storage until after Pesach then if he is making the storage within thirty days before Pesach then he is obligated to check the room the night before with the light of a candle, and only then may he enter the storage items into it. The reason for this is because [starting thirty days before Pesach all] the institution of the sages which were decreed regarding Pesach take effect. [Admur ibid; Now although placing a mapoles/oatzar on top of Chametz is also a form of destruction, nevertheless the sages decreed that even if one will nullify and disown this Chametz in his mouth and heart, nevertheless one may not use this method of mapoles/oatzar to destroy his Chametz, and thus only if a mapoles/mound on its own fell onto the Chametz did the sages recognize its destruction as opposed to if one with ones hands placed the mound on it, or placed storage on top of it.]

[108] Admur436:16

[109] Admur 436:15

The reason: The reason for [why Bedieved we are lenient] is because once the Chametz has been nullified, it only needs to be destroyed Rabbinically, and by a dispute over a Rabbinical obligation we are lenient like the first opinion. [Admur ibid]

[110] Admur 436:13

Background: Admur records a dispute regarding whether one is obligated to search for Chametz in the area he plans to install the item, if he plans to remove the item before Pesach. The first opinion rules one is not required to check even within thirty days before Pesach, as in any event he plans to check under it before Pesach on the night of the 14th. The second opinion rules that even if one plans to remove the item before Pesach, nevertheless, he is obligated to check the room beforehand, even if he is placing it there at the beginning of the year, and even if the room only needs to be checked Rabbinically. Their reason is because the sages suspected that perhaps he will begin to remove the storage before the night of the 14th, and he will not finish removing it completely, and less than three Tefach worth of storage items will remain on the Chametz, (however by three Tefach or more there is nothing to suspect for, being that the Chametz under it is considered completely destroyed just like Chametz which has had a Mapoles fall on it, as explained in chapter 433) and then when the night of the 14th arrives he will forget about [removing] the Chametz which is under the storage items, being that the Chametz is covered by it, and he will thus not place in his heart to remove it from there. Now although he has nullified the Chametz [and thus even if he will forget to remove the Chametz he does not Biblically transgress owning it, nevertheless] he transgresses the institution of the sages that the nullification and disowning does not help at all. Practically, one should be stringent like the latter opinion unless one already entered the storage items into it prior to checking it for Chametz and it is a great loss involved to immediately undo and then return and place it back in, then in such a case one may rely on the first opinion. [Admur ibid]

[111] Admur 436:12

[112] Admur 436:12 “This search is to be done with candle light on the night before placing the storage, and afterwards he places the storage items in it.”

[113] See the beginning of chapter 4 for the full story and its sources.

[114] Admur 451:1; 447:3 regarding if Chametz was cooked in the pot on Pesach

[115] Although in 442:28 Admur rules that Chametz which is less than a Kezayis in total that is stuck to a vessel does not need to be cleaned off before Pesach. Perhaps here it refers to the custom mentioned there in 442:30 that Yisrael Kedoshim Heim and are accustomed to clean off all Chametz. Vetzaruch Iyun from the wording here of “need” which implies it is a requirement from the letter of the law. Perhaps then in truth the reason is because we suspect one may come to cook in such vessels either on Pesach or after Pesach [see 451:3].

[116] Admur 442:31; See Admur 442:28 [brought in Halacha 4] that from the letter of the law it must only be sold if it contains a Kezayis.

[117] As perhaps the reason one is required to clean the pots is so one not come to cook in them [see coming footnotes], and hence selling them to a gentile and leaving them in one’s house, would not remove this worry. See Shaar Hakolel on Seder Mechira 17

[118] Admur 447:3

The reason: The Chametz taste that is absorbed in the pots [is not prohibited in ownership] being that it is not considered “found/matzuiy”, and thus one does not transgress Baal Yiraeh and Baal Yimatzeh upon owning it. Thus, one is allowed to own them throughout Pesach, as the sages were not worried that if one were to be allowed to own it then he may forget and come to cook in it on Pesach. However, they did decree against owning Chametz foods [that were nullified] due to worry that one may come to eat it. [Admur ibid]

[119] See Shaar Hakolel on Seder Mechira 17; Rebbe in Likkutei Sichos, printed in Shaareiy Halacha Uminhag 2:194

[120] Rebbe in Likkutei Sichos, printed in Shaareiy Halacha Uminhag 2:194; See Chapter 5 Halacha 2 in Q&A for the full details of this matter!

[121] Admur 451:1; 447:3

The reason: This is done in order so one not forget and come to cook in such vessels on Pesach. Now, although regarding Treif vessels we do not require them to be hidden during the year, as we do not suspect one will come to forget and use it, nevertheless, regarding Chametz we are stringent, as people are accustomed to eat it throughout the year. [Admur 451:1] This matter is not a decree from the times of the Talmud, but a stringency from the Sages of the later generations. [Admur 451:4]

[122] Admur 451:4

The reason: Although in general we rule that placing an item in a high visible area does not make it more lenient, nevertheless, since this requirement to hide the vessels is a stringency of the later generations, one may be lenient to do so. Furthermore, most of all the Chametz vessels put away are no longer Ben Yoman. [Admur ibid]

[123] Admur 451:4

[124] Admur 451:3

[125] See Halacha 4 regarding less than a Kezayis of Chametz.

[126] The reason: We do not suspect one may come to eat the Chametz in the process of cleaning the vessels, as how would one forget the prohibition of eating Chametz when he is in the midst of doing an action which destroys it. [Admur ibid]

[127] The reason: As on Shabbos and Yom Tov it is forbidden to touch the Chametz, as one may not destroy Chametz until after Shabbos Yom Tov, as explained in 446:5

[128] The reason: This is required as [we suspect one may come to cook in these vessels prior to cleaning them, and] Chametz which has been owned over Pesach is forbidden in benefit. [ibid] Vetzaruch Iyun why such Chametz is forbidden in benefit if it contains less than a Kezayis in total, and was stuck to the pot. Perhaps then in truth this Halacha is only referring to a Kezayis of Chametz which is stuck, although this is not the simple implication. Vetzaruch Iyun.

[129] As perhaps the reason one is required to clean the pots is so one not come to cook in them [see previous footnotes], and hence selling them to a gentile and leaving them in one’s house, would not remove this worry. See Shaar Hakolel on Seder Mechira 17

[130] Admur 433:42-43

[131] Admur 433:42

[132] Admur 433:43

The reason: Seemingly we suspect that one absent mindedly entered his hands into his pocket while eating Chametz, and some of the Chametz then entered into his pocket.

[133] Admur 433:42

[134] Admur 433:28

[135] The reason: As all Chametz that is found outside in the open is usually eaten by birds. The reason why we do not also exempt the entire house from being checked being that there are mice, rodents and the like found in one’s home which also eat Chametz, and although their eating is a doubt and thus cannot remove the certainty of Chametz, as explained above, nevertheless they certainly do take the Chametz to wherever they came from, as do the birds, and thus we should also exempt the entire house as we exempt the outside. The difference however is that birds are usually not domestic animals which live in ones property, and thus when they come from the outside and take the Chametz they certainly are removing it to the place that they came from, while rodents and mice live in one’s home, and thus even if they remove the Chametz we are stringent regarding a case of when there is Chametz for certain, that they dragged it to their hiding place within the house or courtyard of which one transgresses Baal Yimatzeh. [Admur ibid]

[136] Admur ibid; Rama 433:6

The reason: Although when the 6th hour arrives, he must go to his outside property to check if the Chametz is still there, and if it is there, not having been eaten by the birds/ravens, then as soon as he sees the Chametz he is obligated to immediately destroy it completely from the world, nevertheless, we allow one to place his Chametz there before the 6th hour. The reason for this is because even if one forgets to check his outside property by the 6th hour, nevertheless, he has not transgressed anything, being that we are certain that before the 6th hour the ravens have taken the Chametz and brought it to wherever they came from [and there is thus no more Chametz remaining outside]. Now, although we explained above that if there is only a doubt if the Chametz was removed then it does not uproot the status of the Chametz in a case that the we know for certain that there is Chametz there, nevertheless here it does uproot the status of Chametz, being that although there is doubt as to whether the birds ate the Chametz, as perhaps they were not hungry at that time, nevertheless it is certain that they have taken the Chametz to wherever they came from. Nevertheless, lechatchilah one should not rely on this when the time of destroying the Chametz arrives, at the 6th hour, as since one is able to go check if there is any Chametz still remaining outside, then let him go and see. [Admur ibid]

Other opinions: Some Poskim rule that when one knows for certain that there is Chametz outside, then he may not rely on the birds and must gather it on the night of the 14th. [Michaber 433:6; See Kinyan Torah 3:83]

[137] The reason: Lechatchilah when the time of destroying the Chametz arrives at the 6th hour, one should not rely on the fact the Chametz was taken by birds, as since one is able to go check if there is any Chametz still remaining outside, then let him go and see. [Admur ibid]

[138] Admur 433:29 “The holes in the walls of the outside property need to be checked if they are not too low or high, if it is usual for one to use the holes, as the ravens are not commonly found by the holes.”

[139] The reason: As since they are closed the birds do not have access to them. [Admur ibid]

[140] Admur 433:24-27

[141] Admur 433:24

[142] The reason: The reason that we may assume such is because there is a double doubt as to the Chametz presence in the barn, as perhaps there was never any Chametz in the barn, and even if there were Chametz there, perhaps the animal ate it, and thus the doubt of that perhaps the animals ate it removes the doubt that perhaps Chametz fell inside it. [Admur ibid]

[143] Admur 433:25

[144] The reason: As we assume that all the Chametz in the barn was eaten by the chickens. Now, although the eating of the Chametz by the chickens is only a doubt, and within thirty days before Pesach it cannot uproot the certainty of having Chametz there. Nevertheless, if the Chametz fell in the barn a while before Pesach, which is prior to thirty days, then it does not need to be checked [if one was careful not to eat Chametz there within thirty days] as there are two doubts here to allow one to be lenient. First off perhaps the chickens ate it, (and even if they did not eat it perhaps Chametz was not entered into the coop). [Vetzaruch Iyun, as this case is discussing that Chametz certainly Chametz that entered it? In the Luach Hatikun, this statement is omitted.] [And even if Chametz was entered into the coop and] the chickens did not eat it, nevertheless perhaps it has spoiled or become disgusting throughout the many days until Pesach, until the point that it is not edible even for dogs, in which case one does need to destroy it. Now, although one is Rabbinically obligated to search all areas of which there is suspicion that perhaps Chametz was entered into them even one time, even if there are many doubts involved to be lenient, such as perhaps Chametz was never entered into there, and perhaps even if it was it was all removed, and even if some Chametz did remain, perhaps it occurred many days before Pesach and it has spoiled by now and is no longer edible for a dog. Nevertheless, by a very common doubt such as chickens and the like which eat whatever they find and it is thus almost certain that the Chametz has been eaten, then although in it of itself does not remove the suspicion of Chametz from the room, being that the Chametz is a certainty while the eating of chickens is only close to a certainty, nevertheless when we add to it another doubt, such as perhaps the Chametz has spoiled then the certainty of having Chametz in the room becomes an only near certainty, and then the near certainty of the chickens eating it removes the near certainty that there is Chametz in the room. [Admur ibid]

[145] Admur 433:27

[146] The reason: The reason for this is because since Chametz was eaten there [within thirty days] it is impossible that Chametz did not fall onto the ground, and thus there is certainly Chametz there. The eating of the Chametz by the chickens is only a doubt, and a doubt of having the Chametz eaten cannot uproot the certainty of having Chametz there. [Admur ibid]

[147] Admur 433:25

[148] Admur 442:30; Michaber 442:6 “The custom is to scrape the walls and chairs which touched Chametz and they have upon whom to rely”; Tur 442; Rosh 3:2 “I did not lengthen on these laws of dough stuck on vessels as the Jewish people are holy and are accustomed…”; Raavan, brought in Rosh ibid “This custom of scraping down the walls and chairs has a root in the Yerushalmi”; Rokeiach 247; Radbaz 1:135 “The Jewish people are holy as writes the Rosh, and as we see that they keep extra Chumros, in contrast to other Issurim”; Yosef Ometz 699; Mamar Mordechai 442:6, M”B 442:28, Kaf Hachaim 442:69 “Since the custom is based on the Yerushalmi, one is therefore not to belittle it and claim it is a Minhag Shtus and superfluous stringency.”

[149] Admur ibid; Michaber ibid; From the letter of the law however, it is permitted to leave the Chametz there throughout Pesach, so long as one plans to do Bittul. [See Admur 433:19] Lit. Tit; To note that this custom has Halachic significance as is seen from chapter 444, that even on Shabbos which is Erev Pesach one may wash/scrape off even less than a kezayis of Chametz from a vessel, even though from the letter of the law it does not need to be removed.

[150] 433:36

[151] The reason: Being that children enter Chametz into them throughout the year. [Admur ibid; Furthermore, today, people have Farbrengens and Kiddushim in the Shul and hence it certainly must be cleaned and checked.]

[152] Piskeiy Teshuvos 433:3

[153] See Teshuvos Vehanhagos 1:287; Moadim Uzmanim 3:287; Chovas Hadar end of Sefer; Piskeiy Teshuvos 437:3

[154] The reason: It is debated amongst today’s Poskim as to who is responsible for cleaning the dorm rooms for Chametz, and if it’s similar to a rental or not. Some say it is the responsibility of the student, as he pays tuition to stay there. [Piskeiy Teshuvos 437:3] Others say it is the responsibility of the directorship, as they own the place and have the right to move students from one room to another, and it is hence not a true rental. [Teshuvos Vehanhagos 1:287; Moadim Uzmanim 3:287; Chovas Hadar end of Sefer] Accordingly, the room may not be left unchecked unless both the student and directorship include it in their sale contract in order to cover all opinions.

[155] Admur 436:20 “A Jew which is living in a gentiles house and plans to be leaving [before Pesach] to live in another house in that city or in a different city, then if the non-Jew will enter the house before Pesach, then the Jew does not need to search the house of the gentile, of which he is leaving, for Chametz, even if he is leaving within thirty days before Pesach, in which case the obligation to destroy ones Chametz already takes effect, and even if he for certain has a lot of Chametz there, he does not need to destroy it from there.”

[156] Above applies even if the gentile did not yet find the Chametz: The above allowance applies even if the gentile did not yet [actually] take the Chametz which is in his house before Pesach, or did not even find it yet, being that since if the gentile wanted to take it, he could do so, whether if this is because he knows that the Jew has given up [Yiush] on it and disowned it, or [he does not know that the Jew disowned it but will anyways take it] because he is strong and demanding, [therefore it is permitted]. [Admur ibid]

The reason there is no Biblical owning prohibition on this Chametz: One does not [Biblically] need to destroy this Chametz which is left in the home of a gentile, as he does not transgress the owning prohibition with this Chametz, even if it will be left there throughout the entire Pesach. The reason for this is due to that since the Jew has left the gentiles home leaving the Chametz there, and did not take it with him, he has therefore given it up [Yiush] and disowned it, as for certain the gentile will take the [leftover] Chametz for himself. [Admur ibid]

The reason there is no Rabbinical decree to clean this Chametz: The reason for why there is no decree of the sages in this case that disowning is invalid, is because the sages only decreed that nullification and disowning is helpless for the Chametz, if the Chametz will remain after the nullification within the property of the Jewish owner of this Chametz, or in property that is owned by other Jews, or even in the property of a gentile, if the gentile does not know that the Jew has disowned it and will thus not take it for himself. However, when it is known that the gentile will take the Chametz for himself when he finds it in his property, whether he will take it because he knows that the Jew has given up [yiush] on it and disowned it, or [he does not know that the Jew disowned it but will anyways take it] because he is strong and demanding, then there is no greater form of disowning then this [and thus the decree of the sages do not apply]. [In other words, the explanation of above is as follows:] The sages only decreed that the nullification and disowning which a person does in his mind and heart are invalid. However, when the Chametz becomes disowned automatically, such as when it is placed in a public area, or in an area which belongs to a gentile in a way that the Chametz has been disowned automatically to this gentile which is the owner of the property, then by such a great form of disowning, the sages did not decree against if it was done prior to the 6th hour, as explained in chapter 445/1-2. [Admur ibid]

[157] The reason: The reason why one is not Rabbinically obligated to destroy it even though one is within thirty days before Pesach is because he is able to fulfill the [Rabbinical] mitzvah to search and destroy the Chametz in the house [to which he is now moving to and] will be staying for Pesach, [and therefore there is no need for him to also destroy the Chametz in this house that he is leaving].  [Admur ibid]

[158] It is disputed amongst Poskim as to whether one must clean out Chametz from areas which one plans to include in the sale to a gentile which will take place on the 14th of Nisan. Practically, the custom is to be lenient in this matter and there is thus no obligation to clean a home that one will sell/rent to the gentile. Some however are particular to sell the Chametz on the 13th, in order to avoid this dispute. See Chapter 4 Halacha 2 in Q&A for a full analysis on this subject!

[159] Admur 436:21

[160] 1st opinion in Admur ibid “If after the Jew leaves [the gentiles] home he plans to travel overseas [on a ship] or by caravan before Pesach [such as a road trip] then if he will not be living in a house on Pesach, and will thus not be able to fulfill the Mitzvah of “Destroy the Chametz from your house”, then the following is the law. If he is traveling within thirty days before Pesach, and another Jew will not be moving [before Pesach], for purposes of living, to the house that he is leaving from, but rather the gentile owner, or another gentile, will be moving in, then there are opinions who hold that he is obligated to search the house of the gentile before he leaves it, and destroy the Chametz from in it.”

[161] The reason one must check despite the fact that the gentile will anyways enter Chametz back into the home: Now, even though after one checks the home the gentile will enter in it, and bring with him Chametz throughout all the days of Pesach, nevertheless, one is still obligated to clean and check the area for Chametz. The reason for this is because the Jew is not commanded to prevent there from being Chametz within the house of the gentile on Pesach, and the only reason for why he is nevertheless searching the home that he is leaving from is in order to fulfill the mitzvah of “Destroy Chametz from your homes”, of which he has already become obligated in from thirty days before Pesach, in a situation that he will not be able to do so when Pesach arrives. The reason for why within thirty days before Pesach this obligation takes effect is because starting from thirty days before Pesach one is obligated to beware of the Pesach requirements. Thus, all the Mitzvahs that are relevant to Pesach which one will not be able to fulfill when their time arrives, he is Rabbinically obligated to fulfill them within thirty days before Pesach, then to do so. [Admur ibid]

[162] 2nd opinion in Admur ibid “However others hold that the Jew does not need to search the house of the gentile at all, even if he is leaving within thirty days before Pesach, and even if he for certain has a lot of Chametz there, he does not need to destroy it.”

[163] The reason: The reason for this is because even when thirty days before Pesach have arrived, the Mitzvah of “Tashbisu…” does not take effect since he will be exempt from it when Pesach arrives [being that] he will not be living in a house [when Pesach arrives]. [The reason for why it does not take effect, even though he is now, within thirty days is because] the mitzvah of “Tashbisu” is not a bodily obligation that one is obligated to have a house in order to destroy the Chametz from within it. Rather, the mitzvah is that if one has a house, and in that house he has Chametz, then he has the Mitzvah of Tashbisu. However, if he does not have a house, then he does not have any obligation at all. Thus, even if within thirty days he has a house and inside of it he has Chametz, and he knows that when Pesach arrives he will not have this house, then he is not even Rabbinically obligated to destroy the Chametz from within it before the time arrives which the sages had instituted [i.e. The night of the 14th], being that when Pesach arrives he will not have the Mitzvah of Tashbisu apply to him at all, and if he will then own Chametz without being in a house, then he will destroy it as is required. [Admur ibid]

[164] Admur ibid in parentheses

[165] Possible implication of Admur ibid that in such a case he must check; See P”M 436 M”Z 7 who implies he is obligated to search the home in such a case according to all and so would apply according to all Poskim who rule the sale on the 14th does not exempt the Bedika on the night of the 14th. [See Chapter 4 Halacha 2 in Q&A!]

Implication of Admur ibid: Admur ibid states “He is not even Rabbinically obligated to destroy the Chametz from within it, before the time arrives which the sages had instituted.” This implies that once the time that the sages have instituted has arrived [the night of the 14th] then one may no longer exempt himself from the obligation by selling his house to a gentile. Thus, according to this, when one is leaving for Pesach and will be selling his house to the gentile on the 14th as is normally done today, then if he will not be entering another home, he must check it and destroy the Chametz, even though he plans to sell it to a gentile. However, perhaps there it is not referring to when the night of the 14th arrives, but to when the 6th hour arrives on Erev Pesach. See end of 433. Vetzaruch Iyun! This is aside for the debate in Poskim as to whether one must check on the night of the 14th areas sold to a gentile.

[166] Admur 436:20 “The reason why one is not Rabbinically obligated to destroy it even though one is within thirty days before Pesach is because he is able to fulfill the [Rabbinical] mitzvah to search and destroy the Chametz in the house [to which he is now moving to and] will be staying for Pesach, [and therefore there is no need for him to also destroy the Chametz in this house that he is leaving]. 

[167] The reason: This allowance applies even if one will not be moving into his own home, but will be moving in with someone else, and that someone else is the owner of the house, and that owner will check for and destroy the Chametz himself [and thus he will not be able to do a Bedika for Chametz]. The reason for this is because the owner will also search and destroy the Chametz which he [the guest] used in that house from when he arrived there until Pesach. Therefore, this owner is considered to be his [the guests] emissary to check and destroy his Chametz, and since the rule is that the emissary of a person is like the person himself, therefore, it is considered as if he himself has destroyed his Chametz, [and he has thus fulfilled the decree of the sages to search for and destroy the Chametz of at least one home, no matter what the situation]. [Admur 436:20]

[168] The reason: If another Jew will be moving into his home, then [according to all one does not have to search it before leaving, even in this case that he will not be living in a house on Pesach, as] the latter Jew is obligated to search for and destroy the Chametz of the previous Jew [and thus fulfills ones obligation for him, acting as his emissary as explained above]. [Admur ibid]

[169] Admur 436:1 “One who leaves his house before Pesach [to another city] and does not plan to return until after Pesach, or does not plan to ever return, then if he is not leaving anyone in his home which is able to do the Bedika on the night of the 14th, then if he is leaving within thirty days before Pesach, he must check with a candle all of his rooms the night before he leaves, and do a nullification [after the Bedika] the night before, with all the laws necessary but without a brachah. This applies even if he never plans on coming back.”

[170] From when do the 30 days begin? Some rule that the obligation begins from the 14th of Adar. [Avnei Nezer 222; Implication of Admur 429] However, see Chikreiy Halachos of Rav Pekarsky that he learns that according to Admur, the 30 days begin from after Purim. Vetzaruch Iyun

[171] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he does not need to search his old home before he leaves, as it can simply be checked on the night of the 14th. See E!

[172] Left before Pesach and plans to return before Pesach: If, however, one intends to return before Pesach, then he does not need to clean the Chametz from his home prior to leaving even if he certainly has a lot of Chametz in his house, and even if he leaves within thirty days before Pesach. The reason for why we do not suspect that perhaps he will [not] arrive back home [with enough time to do the search, such as that he will arrive] on Erev Pesach near dark, and he will thus not have time to destroy the Chametz before Yom Tov, is because since he plans to return before Pesach, certainly he will hurry his return and will precede to arrive home before the 14th in order so he be able to search his rooms on the night of the 14th as the sages instituted, and to then destroy the Chametz at the time it needs to be destroyed. [Admur 436:9]

Left before Pesach without intent to return and then changed mind: If after one left his home and was already on the road, he then changed his mind and decided not to return back home before Pesach but rather to return on Pesach, nevertheless, he does not need to send a messenger to his home to destroy the Chametz that is in it, even if he knows that there is a lot of Chametz there. Rather, it suffices for him to nullify his Chametz in the area that he will be in on Erev Pesach. The reason for this is because since the person was allowed to originally leave his home without searching for Chametz, as at that point he had in mind to return before Pesach, [therefore he is exempt from the Bedika obligation]. [Gloss in Admur 436:9]

If one leaves on a ship or caravan for a long journey thirty day before Pesach and plans to come back before Pesach: See Admur 436:10. This Halacha is no longer relevant today in light of our modern forms of transportation.

[173] Admur ibid; Magen Avraham; Implication of Tur and Shulchan Aruch and Rama, brought in Kuntrus Acharon 436:2

The reason: Immediately after the search one nullifies all his unknown Chametz which he did not find during his search, in order to fulfill the institution of the sages which instituted to nullify the Chametz immediately after the search, for the reasons explained in 434. [Admur ibid]

Other opinions: Some Poskim rule it is not necessary to perform Bittul after the Bedika. [Chok Yaakov, brought in Kuntrus Acharon 436:2]

[174] The reason: [The reason for why one becomes obligated within thirty days before is because thirty days before Pesach] one begins to ask and expound about the laws of Pesach, he therefore has the obligation to be careful and fulfill all the Rabbinical commands. [Admur ibid; Meaning even though checking for Chametz on the night of the 14th when one nullifies it is only a Rabbinical obligation, nevertheless it takes effect thirty days before Pesach.]

If one forgot to check the night before: If one forgot to check the night before then one checks it the next day using candle light [in those places where sunlight may not be used, as explained in 433]. [Admur ibid]

[175] The reason: The reason for why no blessing is said is because the search which is being done now is not the main time for the search to be done as was instituted by the sages. As they instituted it to be done on the night of the 14th, and from there and onwards [if one did not check on the night of the 14th] until the end of the festival. [Admur ibid; Meaning, since the main institution of the sages was to check on the last opportunity possible which is the night prior to the festival [i.e. the 14th], thus, although this also obligates one to search beforehand if he will not be able to do so on the last night, nevertheless, he may not say a blessing, as this was not the main obligation. Similarly, we find this ruling in 433/7 regarding one who wants to check his house completely before the 14th, that no blessing is said. As for why a blessing can’t be said due to the fact one is fulfilling the Biblical command of Tashbisu, this is because that command only begins at midday of 14th and not beforehand. [See Admur 446:1]

[176] Admur ibid “The moment before one leaves to travel, he is obligated to remove all the Chametz [which he found by his search and which he placed aside for eating] from his property that is in this city that he is leaving from.”

[177] Admur 436:7 “If one forgot and left his house within thirty days before Pesach and did not destroy the Chametz that is in it, then if he knows for certain that there is at least a Kebeitza [55 grams] of Chametz in his house, then he is obligated to return to his house, or to send a messenger to his house, to destroy the Chametz from it. This applies even if when he remembers to check his home he is already traveling on the road for a few days, and there is thus much trouble and great loss to return home. [Admur ibid]

One is traveling for the sake of a Mitzvah: If, however, one is traveling for a Mitzvah purpose then he does not have to turn back as explained in chapter 444, see there for details. [Admur ibid]

One does not know how much Chametz is left: If one does not know for certain that there is a kebeitza of Chametz in his home, then one does not need to return and check.

[178] Admur 436:5-6

[179] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he must check his entire home on the night of the 14th. See E!

[180] If, however, one intends to return before Pesach, then he does not need to clean the Chametz from his home prior to leaving, and even if he later changes his mind to not return before Pesach, he is not required to send a messenger to search his home. [Gloss in Admur 436:9; See previous footnotes regarding if he traveled within thirty days]

[181] The reason: If one leaves his house prior to thirty days [before Pesach] and does not plan to return to his home until after Pesach, then even if he is not leaving anyone in his home which can check for him, he does not need to check at all before leaving, and rather when Erev Pesach arrives, he nullifies all the Chametz that he has in all his property, without making a blessing over this nullification. The reason for why one is not obligated to search for Chametz when leaving prior to thirty days is because prior to thirty days he is not yet obligated to be careful regarding the needs of Pesach. The reason for why no blessing is said when he nullifies the Chametz is because the main aspect of nullification is in one’s heart, and one does not say a blessing over matters that are done in one’s heart. [Admur 436:5]

The reason why specifically the Rabbinical rooms do not need to be checked: Those rooms which are only Rabbinically obligated to be checked on the night of the 14th, such as the storerooms of wine and oil and the like which one uses to supply for his meals, as well as all the other rooms which Chametz is not commonly constantly used in them, and thus do not need to be checked at all Biblically, even if he has not previously nullified his Chametz, such rooms do not need to be checked at all when leaving prior to thirty days before Pesach. The reason for this is because Biblically we do not suspect at all that perhaps a Kezayis of Chametz has remained in the room, and thus Biblically it does not need to be checked at all, even if he has not previously nullified his Chametz, and it only needs to be checked because the sages decreed. [Therefore] in this case that one is leaving thirty days before Pesach [it does not need to be checked, as] the sages said that their decree [of checking Rabbinical rooms] does not begin to apply [prior to thirty days] and we thus follow the Biblical law [which does not require such rooms to be checked]. [Admur 436:6]

[182] Such as the dining room and the rooms which are commonly used for Chametz throughout the year, and it is thus impossible that a crumb of Chametz the size of a kezayis has fallen into the room, and one is thus Biblically obligated to check and destroy the Chametz that is in them. [Admur 436:6]

[183] 1st opinion in Admur 436:6 “Those rooms which are Biblically obligated to be checked for Chametz and have their Chametz destroyed when midday of the 14th arrives [if they did not nullify the Chametz beforehand], need to be checked even when leaving prior to thirty days before Pesach, [even if one will nullify] his Chametz.” M”A 436:2; Bach 436; Kol Bo 48; Yerushalmi 1:1; Poskim brought in Kuntrus Acharon 436:6

[184] The reason: The reason for why they need to be checked [even though Biblically, nullification itself suffices] is because since he is leaving his house and does not plan to return before Pesach, and he will therefore not be able to check and destroy the Chametz in his house by midday of the 14th, therefore, at the time that he is leaving his house, he has a Biblical obligation to destroy the Chametz from his home. Biblically, there is no difference when one leaves his house, whether within thirty days before or prior, [either way he must make sure that all of his Chametz is destroyed by the time Pesach arrives]. Thus, since the Biblical command to destroy the Chametz applies prior to thirty days, therefore also the Rabbinical decree which decreed that one does not fulfill the destruction by just nullifying and disowning the Chametz, and that rather he must remove it from his house and all his property, applies as well to this command of destruction which begins thirty days before. [Admur ibid]

[185] 2nd opinion in Admur 436:6 “There are those who argue on the above opinion and say that even if one certainly has a lot of Chametz in his home, he does not need to destroy it when leaving prior to thirty days, and rather nullifying it on Erev Pesach in the area where he will be in suffices, and even this nullification is only Rabbinically required.” Rashi; Ran

[186] The reason: The reason for why [even the Biblical required rooms do not need to be checked, and for why even nullification is not Biblically required], is because [according to this opinion] Biblically one does not transgress at all Bal Yiraeh and Baal Yimatzeh on this Chametz that is in his house, since it is not found by him during Pesach, and the Torah said “Do not have Chametz found” forbidding only Chametz which is found in ones hands. This Chametz is viewed just like Chametz which had a mound of stones fall on it, and follows the opinion who holds that such Chametz is considered destroyed completely from the world and does not even need to be Biblically nullified, but rather only Rabbinically, as Biblically one does not transgress at all Baal Yiraeh and Baal Yimatzeh. Similarly, this Chametz too which is not found by him during Pesach is considered towards him like it is destroyed. Nevertheless, when he leaves within thirty days, the sages decreed that Lechatchilah one does not fulfill his obligation with this form of destruction, and he must rather destroy it as is required with a complete destruction before he leaves his house.  However, when he leaves prior to thirty days before, then this Rabbinical decree does not yet begin to apply, and he may [therefore] Lechatchilah do the Biblical form of destruction which is done through him traveling away from his home, causing that when Pesach arrives the Chametz will not be found by him, and to him it considered like it is destroyed. [Admur ibid]

[187] Is a blessing recited upon saying the nullification? Any time that one is obligated to search his home before leaving and he forgot or transgressed and left without doing so, then even though he is obligated to nullify his Chametz in whichever place that he will be in on Erev Pesach, and according to some opinions this nullification is Biblically required, nevertheless no blessing is said over it, [being that we do not make blessings over matters of the heart] as explained above in 436/5.

[188] Admur 436:6; Poskim brought in Kuntrus Acharon 436:6

[189] Admur 436:22; See E!

[190] Admur 446:2

[191] One is allowed to appoint an emissary to do the Bedika and nullification, as one’s emissary is considered like oneself. [Admur ibid] Nevertheless, as explained in chapter 432, Lechatchilah it is proper to be careful to not appoint a woman as one’s emissary to do the search. [Gloss in Admur ibid; Thus, if one can appoint a male above 13 to do it, then he should appoint him rather than one’s wife. However, if this is not available, then one appoints his wife, as since his wife will be living in his home it is worthless for him to do the Bedika beforehand, and thus he has no choice but to appoint his wife.]

If one is leaving [only] small children at home: If one is leaving [only] small children [who are not mature enough to be able to check for the Chametz themselves, ] in his home [and his wife is traveling with him], and he thus needs to leave for them Chametz for them to eat, then he needs to remove the children from his house to the house of another person, and leave the Chametz for them to eat in that persons home, and his home and all its checked rooms are to be closed up in order to prevent any person from entering any more Chametz into it, as if he does not do this [i.e. prevent Chametz from being entered into his home] then his search which he did is meaningless. [Admur 436:1; See Kuntrus Acharon 436:3]

[192] Admur in gloss ibid “As well as explained in 434 it is proper for him in whichever place he is to also nullify his Chametz when the time of nullification arrives [as there are opinions who say that the nullification cannot be done by an emissary].” [However, one may not Lechatchilah rely on his own nullification and thus not appoint his emissary to do so, as since one will not be doing a Bedika he may come to forget to do a nullification, as explained in 434 regarding the reason for why the nullification was instituted to be done after the Bedika and not the next day.]

[193] Admur 436:3 “If one left his household members in his house and forgot to command them to search the home, they are nevertheless obligated to search even those rooms which they have not entered any Chametz into after the owner of the house left. Even those rooms which they will not enter at all on Pesach at all, and thus one will not come to eat from any leftover Chametz there that is in them, must be checked.”

The reason: The reason for this is because since the homeowner was obligated to search for Chametz all the rooms which are required to be searched [as explained in chapter 433] therefore those who remain in his home are obligated to exempt him from his obligation, as all Jews are guarantors for each other. [Admur ibid]

[194] Admur 436:4 “After the household members search for Chametz it is proper for them to also nullify the Chametz, and they should be warned to do so, despite the fact that their nullification does not help much being that the Chametz is not theirs and the owner never commanded them to nullify it, and did not make them emissaries [to nullify it or] to check for it.”

The reason: The reason why their nullification does not help much even though one can assume that the owner desires that those remaining in his home nullify the Chametz for him, is because [in order for an emissary to be able to nullify] the owner must explicitly reveal that he wants it to be done, and if not then the nullification of the emissary is meaningless, as explained in chapter 434. The reason for why they should nullify it despite the fact that their nullification does not help much  is because we suspect that perhaps the owner will forget to nullify the Chametz in the place that he is in, as since he is not dealing with searching for Chametz and destroying it, it is probable that he will come to forget to do so, and then the Chametz will not be nullified at all. It is thus better for the household members to nullify the Chametz then it not being nullified at all. It is therefore proper to warn them to nullify it in order to remove oneself from doubt.  [Admur 436:4]

[195] The reason: In order to suspect for the opinion that every Jew must fulfill the Mitzvah of Bedikas Chametz, and since he will not be able to perform it elsewhere, therefore he should do so to a room in his home the night before he leaves.

[196] The reason: As in any event he can perform the Bedika upon arriving to his destination on the night of the 14th. This applies even if he is staying as a guest by another’s home, as by eating Chametz there, he becomes obligated in the Bedika, which is fulfilled on his behalf by his host.

[197] The reason: It is debated amongst today’s Poskim as to who is responsible for cleaning the dorm rooms for Chametz, and if it’s similar to a rental or not. Some say it is the responsibility of the student, as he pays tuition to stay there. [Piskeiy Teshuvos 437:3] Others say it is the responsibility of the directorship, as they own the place and have the right to move students from one room to another, and it is hence not a true rental. [Teshuvos Vehanhagos 1:287; Moadim Uzmanim 3:287; Chovas Hadar end of Sefer] Accordingly, the room may not be left unchecked unless both the student and directorship include it in their sale contract in order to cover all opinions.

[198] The reason: As past this time, all the Chametz is sold to the gentile, which includes the rent of the ground it is on. Hence, it ends up, that one’s entire home is included in the sale, and one no longer has permission to live in the gentile’s home. Furthermore, if one remains in the home past this time there is worry he may come to eat Chametz.

[199] See Piskeiy Teshuvos 448:14; 436 footnote 20

[200] See Piskeiy Teshuvos 448:14; 436 footnote 20

[201] Admur 436:8

Left before Pesach without intent to return and then changed mind: If after one left his home and was already on the road, he then changed his mind and decided not to return back home before Pesach but rather to return on Pesach, nevertheless, he does not need to send a messenger to his home to destroy the Chametz that is in it, even if he knows that there is a lot of Chametz there. Rather, it suffices for him to nullify his Chametz in the area that he will be in on Erev Pesach. The reason for this is because since the person was allowed to originally leave his home without searching for Chametz, as at that point he had in mind to return before Pesach, [therefore he is exempt from the Bedika obligation]. [Gloss in Admur 436:9] Nevertheless, as soon as he arrives home, he must search and destroy all the Chametz.

[202] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he does not need to search his old home before he leaves, as it can simply be checked on the night of the 14th. See E!

[203] The reason: The reason for why the rooms must be checked [even if he nullifies it before Pesach] is because since he will return to his house on Pesach, we suspect that that perhaps he will forget and eat from the Chametz that he will find in his dining room as well as in the other rooms which are common to have Chametz entered into them at times. [Admur ibid] The above assumes that one will perform Bittul before Pesach, in which case he does not transgress a Biblical owning prohibition even on the Biblical rooms, as explained in Halacha 1. However, if one forgets to nullify his Chametz before Pesach, then the Biblical rooms must be cleaned and checked in order to avoid transgressing the Biblical prohibition of owning Chametz.

Does one transgress a Rabbinical owning prohibition in such a case? Tzaruch Iyun if one transgressed and did not clean the home before traveling, but did nullify it, if the Rabbinical owning prohibition of Baal Yiraeh applies as soon as Pesach begins, even prior to arriving home, or it only begins once he arrives home, if he delays destroying the Chametz. due to worry that he may come to eat the Chametz.

[204] The reason: As it is forbidden to allow even a gentiles Chametz to remain openly visible in one’s home, lest one accidently come to eat it. In addition, if one does not perform a Bedika, then the entire house is considered “sold” to the gentile, and it is forbidden for one to make normal use of it. [See Halacha 1 in Q&A!]

[205] As we rule in B regarding one who traveled within thirty days before Pesach, and here too the same should apply, being there is no dispute as to the obligation.

[206] Admur 436:20 “A Jew which is living in a gentiles house and plans to be leaving [before Pesach] to live in another house in that city or in a different city, then if the non-Jew will enter the house before Pesach, then the Jew does not need to search the house of the gentile, of which he is leaving, for Chametz, even if he is leaving within thirty days before Pesach, in which case the obligation to destroy ones Chametz already takes effect, and even if he for certain has a lot of Chametz there, he does not need to destroy it from there.”

[207] 436:22

[208] The reason: As when he enters the house, the Chametz of the Jew which was left there, automatically becomes disowned to this gentile, being that when he desires to take the Chametz he will take it. [Admur ibid]

[209] The reason: The reason for this is because even though the Chametz will become disowned/hefker to this gentile when he enters his home, nevertheless, since the 6th hour has already arrived before the Chametz has become automatically disowned, therefore, this Chametz has already become obligated to be completely destroyed from the world, and thus disowning it no longer helps, as explained in chapter 445. Thus this obligation applies even if one will be moving before Pesach into another home in this city or in another city, as even though he can fulfill the mitzvah of Tashbisu in that home, nevertheless, if he does not check and destroy the Chametz from this home that he is leaving from, he will transgress on Pesach a Rabbinical Baal Yiraeh, as the sages decreed that the nullification and disowning which a person does with his mouth and heart does not help at all. [Admur ibid]

[210] 436:22 “If one is moving within the same city, then he is obligated to check [the entire house, even the Rabbinical rooms], even if he moves prior to thirty days before Pesach, on the night which he becomes obligated to check his other home which he will be living in on Pesach, which is on the night of the 14th, in order so he not transgress on the Chametz that is in it on a Rabbinical Baal Yiraeh and Baal Yiraeh.”

[211] The reason: In order so he not transgress on the Chametz that is in it on a Rabbinical Baal Yiraeh and Baal Yiraeh. [Admur ibid]

[212] Admur 437:2 “If one rented his home to a Jew prior to the beginning of the night of the 14th, and the renter acquired it in one of the methods that renting a house is acquired in [as explained above], then if [the landlord] handed him over the keys before the entrance of the beginning of the night of the 14th, then the renter is obligated to clean and check [the house for Chametz]. “

[213] Each of the following forms of acquisition are valid for rentals of land/rooms/house: 1) Money; 2) Contract; 3) Chazakah; 4) Kinyan Sudar. [Admur 437:1]

[214] The law if the door was left open and the renter does not need keys to enter: If the house which is [being rented was] not locked [after the landlord left it] and thus keys are not needed [for one to get inside], then the renter is obligated to check [the house if he acquired it before the 14th even though there were no keys handed over to him, as since the house is accessible to him, it is as if he received the keys.] [Admur ibid]

The law if the renter returned the keys: This applies even if the renter returned [to the landlord] and gave the keys back to the landlord for him to guard, nevertheless, the renter is obligated to take [back] the keys from the hand of the landlord and check [the house for Chametz]. [Admur 437:2]

Other opinions: Some Poskim rule that if the keys were returned to the landlord, then the landlord is the one obligated to clean and check. [Chok Yaakov 437, brought in Kuntrus Acharon 2]

[215] The reason: As once the renter acquired the house through one of the methods which land rental is acquired in, he has immediately also acquired the Chametz that the landlord left in there. The reason for this is because the landlord has already disowned this Chametz, and [the rule is that] all un-owned items which are placed in a house which is rented to a renter, is acquired to the renter, as explained in Choshen Mishpat Chapter 260. [Admur 437:1 and 436:20 regarding Chametz left in the home of a gentile] Now, since he was given the keys to the home prior to the night of the 14th, and thus has the ability to fulfill his obligation of getting rid of his Chametz, therefore, the obligation falls on him. [See Admur 437:2]

[216] Admur ibid “After the [renter] checks the house he nullifies the Chametz as the sages instituted. As well, the landlord is to also nullify the Chametz explicitly [verbalizing it] even though he has already nullified it in his heart.”

[217] Admur 437:1 “If one rented his home to a Jew prior to the beginning of the night of the 14th and the renter acquired it in one of the methods that renting a house is acquired in, then if the landlord left the house and closed it and did not hand over the keys to the hands of the renter until after the night of the 14th had begun [and certainly if the renter did not yet even make an acquisition until after the night of the 14th  had begun, which is the main time of the search then, even if he had been given the keys beforehand], the owner [of the house] is obligated to search the house that he rented [out to the renter].”

[218] The reason: Although the landlord will not be entering it throughout all the days of Pesach, and he will thus [anyways] not come to eat the Chametz that is in it, and he does not transgress on it Baal Yimatzeh being that he has certainly given up on the Chametz and has disowned it when he left the house and left the Chametz there, nevertheless, the responsibility of cleaning and checking the home falls upon him. The reason for this is because since the actual house belongs to the landlord, [as it] is only acquired to the renter for him to live inside it, and also the Chametz belonged to him, therefore, he must clean the house from his Chametz. [Admur ibid]

[219] Admur 437:3 “Even if one acquired the home prior to the beginning of the night of the 14th [and was given a key] but only rented it for use [starting from] the daytime of the 14th, meaning that he may [only] enter the home and live in it starting from the daytime of the 14th and onwards until the end of the period of time of the rental, then the landlord has the obligation to check the home.”

The reason: The reason for this is because on the night of the 14th which is the main time for the obligation to check, the house was not yet acquired to the renter at all. [Admur ibid]

[220] The reason: As since the house at the beginning of the night of the 14th, which then is the main time for the obligation of searching as explained in chapter 431, was still being held by the landlord, as the renter could not enter it being that the key was still in the hands of the landlord, therefore, at that time which is the beginning of the entrance of the night, the search obligation falls upon the landlord, and it no longer leaves him even after the renter enters into the home. [Admur ibid]

[221] Admur ibid “After the landlord finishes checking he nullifies all the Chametz that he did not find in his search. As well the renter is obligated to nullify all the Chametz in the house, even if he will not be entering to live in the house until after Pesach.”

The reason for why the landlord needs to nullify the Chametz: Even though that he had already disowned the Chametz in his heart when he left the house, he is nevertheless obligated to return and nullify it explicitly after the nullification, as the institution of the Sages which instituted that one is to verbalize the nullification with his mouth. [Admur ibid]

The reason for why the renter needs to also nullify the Chametz: The reason for why the renter must also nullify the Chametz is because once the renter acquired the house through one of the methods which land rental is acquired in, he has immediately also acquired the Chametz that the landlord left in there, being that the landlord has already disowned this Chametz, and [the rule is that] all un-owned items which are placed in a house which is rented to a renter, is acquired to the renter, as explained in Choshen Mishpat Chapter 260. Thus [being that the renter acquired this Chametz when the landlord left, therefore] the nullification that was done by the landlord is worthless [and thus does not] fulfill the institution which the sages instituted to nullify the Chametz after the search, being that the Chametz [which he-the landlord- nullified] was not his [anymore] but belongs to the renter, therefore the renter is obligated to nullify it. [Admur ibid]

[222] Pashut! See P”M 436 M”Z 7 [end]

[223] See Piskeiy Teshuvos 437:1

[224] As the Chametz in the room automatically becomes acquired to the guest upon him making an acquisition of the rental, and receiving the keys. [Admur 437:1]

[225] The hotel rooms may be checked either on the night of the 14th, or on a previous night, so long as no one else will be staying in those rooms until the arrival of the guests on Erev Pesach.

[226] Vetzaruch Iyun if the search must be redone with a blessing.

[227] P”M 436 M”Z 7; Piskeiy Teshuvos 437:1

[228] Implication of P”M ibid; Piskeiy Teshuvos ibid; Vetzaruch Iyun as on the one hand we learn from 437:1-2 that the obligation falls onto whoever owns the place on the night of the 14th. On the other hand, we learn in 437:20-21 that one does not need to check the home of a gentile.

[229] Pashut, as he has a Biblical obligation not to own Chametz once that time arrives! One must conclude that the P”M ibid only referred to a case that the person was leaving the gentile’s home before the 6th hour of the day.

[230] See Piskeiy Teshuvos 437:1; Siddur Pesach Kihilchaso 12:8

[231] See Admur 448:3; 450:21 in parentheses that his property does not acquire him the Chametz that is there if it is against his will; See Chapter 2 Halacha 10 regarding a gentile who brought Chametz into one’s home!

[232] Admur 448:4 that it is proper to be stringent to explicitly tell the gentile that one does not want one’s property to acquire the gentile’s Chametz for him.

[233] Pashut, as although the Chametz is not his we suspect he may come to eat the Chametz. One can choose to flush the Chametz down the toilet, or simply throw it out into a public area without using one’s hands. See Chapter 2 Halacha 10!

A Jewish owned hotel: If the hotel is owned by an observant Jew then one is to verify with the owner if the room was already cleaned from Chametz, and if so then he is not required to clean/check it upon arrival. If he is unable to verify this matter, then if the owner is a G-d fearing Jew, he may rely on the Chazaka that he probably cleaned the room from Chametz, as required. See E!

[234] Pashut, as it is not his Chametz and he does not have a command to destroy it. This is unlike Piskeiy Teshuvos ibid who writes a blessing is to be said.

[235] Admur 437:4 “The above law [that receiving the keys prior to the beginning of the night of the 14th determines who has to check the home] only applies when one is renting the home out, however one who is selling his home to his [Jewish] friend, then even if he left the house and closed it up, and did not hand over the keys to the hands of the buyer until after the beginning of the night of the 14th, nevertheless, if the buyer acquired the house in one of the methods that a house is acquired in, prior to the night of the 14th, then the obligation to check the home does not fall upon the seller, but rather upon the buyer.”

[236] The reason: The reason for this is because by the time the night of the 14th begun, the actual house [and not just the right to live in it] was already acquired to the buyer [and thus since the house no longer belongs to the seller, he has no obligations towards it]. [Admur ibid]

[237] Admur 437:5 “One who rents a house from his friend on the day of the 14th, or during the night of the 14th after that [enough] time has passed to allow the landlord to have checked his house within that time, and the renter does not know if the landlord had checked the house or not, then if the landlord or his wife or his household is in the city, then he needs to ask them if the house was checked.”

[238] If a woman or child says that they personally checked the house, may one rely on their search? If the renter nullified his Chametz prior to the 6th hour on Erev Pesach [or did not acquire the rental until after the 6th hour on Erev Pesach] then they may be relied upon. If, however, he did not nullify the Chametz before Pesach, and acquired the rental before Pesach, then he must check all the Biblical rooms in the home for Chametz. [Admur 437:5-6] See Chapter 4 Halacha 14!

[239] The reason: We require the renter to verify if the house was checked even though it is common for Kosher Jews to check the home at the beginning of the night of the 14th as the sages instituted, and each and every Jew is definitely considered to be Kosher, and seemingly[239] has already checked the home. The reason for this is because throughout the entire year the house definitely contained Chametz in it, and thus we do not initially rely on an assumption [chazakah] that they checked the house, and have that override our definitive knowledge that Chametz was in the house, in a situation that one can verify the facts. [Admur ibid]

[240] Admur 437:6

[241] Vetzaruch Iyun why we don’t assume that the Jew has no intent to acquire the Chametz, and hence there is never a need to do Bittul to begin with, as rules Admur in 448:3! Perhaps, however, one can suggest that the above ruling only refers to a case that one arrived before the 6th hour on Erev Pesach, when it is still permitted to own Chametz and we do not apply the logic brought in 448:3. However, if one only acquired the place after the owning prohibition begun, then we assume he does not want to acquire it and once again it is only a Rabbinical doubt, for which one may rely on the G-d fearing owner.

[242] See previous footnote.

[243] Admur 437:7

[244] This applies even if the house was rented to him on the day of the 14th, and thus the landlord was already [also Halachically] obligated in the search, even so, if the landlord says that he does not want to do the mitzvah [of searching the house] or if he is no longer around, such as he has traveled away, then the renter is obligated to check and may not retract the sale and say the acquisition was done in falsehood [and thus it is null and void]. [Admur ibid]

[245] The reason for why the sale cannot be retracted is because certainly the renter had in mind by the sale that even if the house will not be checked the sale is valid, being that assumingly a person is pleased to do a mitzvah whether with his body or with his money, and thus [even now] when he says that he wants to retract the sale [we say that it is not because of the search that was not done, but] it’s because of something else. [Admur ibid] If, however, one had to hire help to clean the home, see Admur ibid for a dispute in this matter.

[246] Admur 443:6 “It is a mitzvah of “Hashavas Aveida” for one to sell the Chametz prior to the 6th hour, [in order to prevent his friend of a financial loss]. However, one may not do so until the 5th hour has arrived on Erev Pesach as perhaps the owner will come to get his Chametz. However, if one delays the sale until then he will not find buyers and will thus have to sell it for cheap, then one is allowed to sell it even before the 5th hour. If one is able to sell it to a gentile who he knows will return the Chametz after Pesach, then it is forbidden for him to sell it to another gentile as a complete sale.”

[247] Admur 443:6; See also Admur 436:3

The reason: One must destroy his friends Chametz in order so his friend not transgress Baal Yimatzeh, as all Jews are cosigners/guarantors for [the fulfillment of Mitzvos of] all other Jews, and since here one does not know for certain that the Chametz was already sold he therefore has to destroy it, as the existence of Chametz is certain. [Admur ibid and 436:3] If the Jew has liability over the Chametz, then he is obligated to destroy it in his own right, so he does not transgress Baal Yiraeh, as explained in Chapter 3 Halacha 5C!

May the owner demand payment for his destroyed Chametz: The owner cannot take the person storing the Chametz to court for not selling his Chametz prior to the time of prohibition, as the guardian is only responsible that the Chametz remain undamaged until the owner returns and not that he has to sell the Chametz for the owner. Selling it for the owner is a Mitzvah of returning a lost object and not one of obligatory responsibility for a guardian. However, if the Chametz was by him as a collateral for a loan then the borrower does not need to pay him back, as the lender has the responsibility to return the collateral back to the borrower, and since here his negligence is what led to its having to be destroyed, therefore, he lost his loan. However, if the lender kept the Chametz by him throughout Pesach, then even though after Pesach its forbidden, he can return it to the borrower, and demand payment of his loan, as no physical damage has been done to the Chametz. [However seemingly this only applies if the Mashkon did not belong to the lender, such as the collateral is worth more than the money lent.] [Admur 443:8]

[248] Admur 440:2 and 8

[249] Admur 440:9-16; See C below!

[250] Admur 440:5 and 8; See Halacha 10 and Chapter 5 Halacha 5!

[251] Admur 440:3 and 8

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