One who finds Chametz in his property on Pesach

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One who finds Chametz in his property on Pesach:

If one sold his Chametz to a gentile before Pesach:[1]

If one performed Mechiras Chametz before Pesach, as is accustomed today for all Jewry to do through the Rav of their community, then any Chametz found on Pesach is considered to belong to the gentile, and one does not transgress any owning prohibition upon leaving it in one’s home. This applies to all forms of Chametz, whether it is big or small, expensive [i.e. bottle of whisky], or worthless [i.e. a cracker or pretzel], known or unknown, it is all included in the sale.[2] Accordingly, not only is one not required to destroy it, on the contrary, it is even forbidden for him to do so, due to it being considered stealing from the gentile.[3] Rather, one should make a Mechitza of ten Tefachim around the Chametz.[4] If this is not possible, then one should push the Chametz with a stick [i.e. broom] into an area that one pre-designated for the gentile’s Chametz, and has a Mechitza of ten Tefach.[5] It is forbidden to pick up the Chametz with one’s hands, to place inside the area designated for the gentile.[6] Nonetheless, one who wishes to burn the Chametz rather than place it behind the Mechitza, may do so, as long as he has in mind to pay the gentile back for the value of Chametz that he destroyed.[7] However, even in such a case, one may not say a blessing over the Chametz, and if he does so it is a blessing in vain.[8]

Chametz that one did not own on Erev Pesach: The above only applies to Chametz that was already in one’s home before the 6th hour on Erev Pesach. However, any Chametz that was acquired or created after the 6th hour on Erev Pesach, is not included in the sale and must be destroyed, as explained in B.

If one did not sell his Chametz before Pesach:

Destroying the Chametz: One [who did not sell his Chametz before Pesach] is required to destroy any Chametz which he finds in his property past the 6th hour on Erev Pesach, throughout the seven days of Pesach, and eight days in the Diaspora.[9] This applies even to less than a Kezayis of Chametz, and even if one had nullified it before Pesach[10], unless the less than Kezayis nullified piece is dirty, in which case it does not need to be destroyed.[11] If the Chametz is found on Erev Pesach past the 6th hour of the day, or during Chol Hamoed, it must be immediately destroyed without any delay.[12] One who delays destroying it, transgresses the owning prohibition every moment of delay.[13] If it is found on Shabbos or Yom Tov, then one delays its destruction until Motzei Shabbos/Yom Tov, as explained below. 

How to destroy the Chametz: The Chametz must be destroyed to the point that no person can get benefit from it. The Chametz may be destroyed through burning, flushing down the toilet, crumbling and throwing into the wind or sea, although the custom is to burn it. See Halacha 6B for the full details of this matter!

Saying a blessing upon destroying it:[14] Regarding if a blessing is to be recited upon destroying the Chametz: When destroying Chametz on Erev Pesach, before the night of the 15th, a blessing is not said regardless of the amount being burned, or whether one had known of this Chametz at the time of the search done the previous night, or whether the nullified the Chametz.[15] When destroying the Chametz on Chol Hamoed, then a blessing is only recited if all the following conditions were fulfilled:

  1. One did not do Mechiras Chametz, as stated above in A.
  2. This Chametz was not found, or known of, during Bedikas Chametz.[16]
  3. All the Chametz that was found or known of during the Bedikah has already been burned.[17]
  4. It is at least a Kezayis in size[18], even if he nullified his Chametz before Pesach[19], or is less than a Kezayis in size but one did not nullify his Chametz before Pesach, and it is not considered automatically nullified.[20] However, if the Chametz is less than a Kezayis and was nullified before Pesach, then a blessing is not recited upon destroying it.[21] Furthermore, if this less than Kezayis nullified piece is dirty, it does not even need to be destroyed, as explained above.
  5. The Chametz is Biblically considered Chametz.[22] [This excludes Chametz Nuksha, and all forms of wet whole grains or Taaruvos Chametz which are only Rabbinically required to be destroyed. See Halacha 1 D-H!]

If the above conditions are fulfilled, one repeats the blessing of Biur Chametz even if he recited a blessing of Biur Chametz by Bedikas Chametz.[23]

 

Summary:

One is obligated to immediately destroy any Chametz which he finds in his possession on Erev Pesach or Chol Hamoed Pesach, if he did not perform Mechiras Chametz. This is with exception to less than a Kezayis of pre-nullified dirty Chametz, which is not required to be destroyed.

A blessing is only said over destroying Chametz if all the following conditions are fulfilled: 

1.       It was not sold to a gentile [i.e. one did not perform Mechiras Chametz by a Rav].

2.       It was not found or known of during the Bedikah.

3.       All the Chametz found and known of during the Bedikah has already been burned,

4.       It is being burned on Chol Hamoed Pesach, as opposed to Erev Pesach.

5.       Is at least a kezayis in size, or is not, but one did not nullify this Chametz before Pesach.

6.       The Chametz is Biblically considered Chametz.

 

What to do if one found Chametz on Shabbos or Yom Tov:

Chametz was sold to a gentile: If one found Chametz in his property on Shabbos or Yom Tov, then if he sold his Chametz to a gentile, as is accustomed today for all Jewry to do through the Rav of their community, then he is to cover the Chametz until Motzei Shabbos/Motzei Yom Tov and then sweep it into the area sold to the gentile, as explained in A.

Chametz was not sold to a gentile:[24] If one [did not sell his Chametz to a gentile, and] found Chametz in his property on Shabbos or Yom Tov, then if the Chametz [is only Rabbinically prohibited in ownership, such as the piece is less than a Kezayis in size[25], or] was nullified before Pesach [as is commonly performed today with the recital of Kol Chamira] then one may not destroy it on Shabbos/Yom Tov, and it is rather to be covered until Motzei Shabbos/Yom Tov and then immediately burned [or destroyed in one of the other valid methods explained in Halacha 6B].[26] If, however, [the Chametz is Biblically forbidden in ownership, such as] one did not nullify his Chametz before Pesach[27] [and it is a kezayis in size[28]] then it is disputed amongst Poskim whether one is to destroy the Chametz on Yom Tov/Shabbos. Some Poskim[29] rule one is required to destroy it immediately on Yom Tov [and Shabbos] in a permitted way.[30] Other Poskim[31], however, rule that Chametz is Muktzah and hence it is to be covered until Motzei Shabbos/Yom Tov and then immediately burned [or destroyed in one of the other valid methods explained in Halacha 6B].[32] According to this opinion, one does not transgress the owning prohibition upon delaying destroying the Chametz until Motzei Shabbos/Yom Tov.[33] Practically, we follow the second approach and cover it until Motzei Shabbos/Yom Tov. However, those areas who are accustomed to follow the first opinion, and destroy the Chametz, are not to be protested.[34] [In the Diaspora, the above applies on the first day of Yom Tov] however, on the second day of Yom Tov in the Diaspora, one may follow the first opinion and destroy the Chametz if it is Biblically forbidden to be owned.[35] In such a case, it is preferable that one destroy it by throwing it into the sea, or toilet, then by throwing it into the wind or burning it.[36] Furthermore, if possible, the destruction should be done through a gentile.[37]

Asking a gentile to destroy the Chametz:[38] [According to all opinions] one may ask a gentile on Shabbos or Yom Tov to throw the Chametz into the sea[39] or toilet [if one did not sell his Chametz to a gentile and it is thus obligated to destroy it].[40] This applies even if the Chametz is only Rabbinically prohibited in ownership, such as it was nullified before Pesach.[41] However, when having the Chametz destroyed through a gentile, a blessing is not said.[42] Practically, the custom today is not to destroy one’s Chametz on Shabbos or Yom Tov through a gentile [and rather to cover it until after Shabbos or Yom Tov]. This applies even on the second day of Yom Tov in the Diaspora.[43]

 

Summary:

Chametz is Muktzah on Shabbos and Yom Tov and may not be moved. Accordingly, in all cases that Chametz is found on Shabbos or Yom Tov, one is to cover the Chametz until Motzei Shabbos or Motzei Yom Tov and then burn it [if he did not do Mechiras Chametz, or sweep into the area sold to the gentile, if he did perform Mechiras Chametz].

 

Q&A

What does one do if he was searching through his Matzahs and found a Kefula?[44] 

The Matzah is considered Muktzah being that it is forbidden to be eaten. If one only noticed the Kefula while it was already in his hand, then one does not need to immediately drop it, and may rather place it in the toilet and destroy it.

If one is unsure if the piece found is Matzah or a Chametz cracker:[45]

If the questionable piece is found in an open area of the home which was clearly checked for Chametz, then one can assume it is Matzah and it is thus not required to be destroyed. Furthermore, it may even be eaten [although the custom of Chassidim is not to eat any food which fell on the ground, as will be explained in Chapter 7 Halacha 9A]. If, however, the questionable piece was found in an area that is not very visible and thus could have been missed during the search, then it is assumed to be Chametz and must be destroyed.

Found Chametz of another Jew on Pesach:[46]

Although one does not transgress the owning prohibition on another Jew’s Chametz, one who finds Chametz that belongs to another Jew [who did not perform Mechiras Chametz] is obligated to destroy the Chametz.[47] See Chapter 3 Halacha 14 for the full details of this subject!

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[1] See Shevet Halevi 9:116; Piskeiy Teshuvos 446:1

[2] The common sale contracts that are given to the gentile include the following clause: Included in the sale is all pieces of Chametz found in all the mentioned areas, which do not have any sales worth, and are not purchasable, they belong to the gentile. [Clause in Shtar Mechira of Admur, brought in Hilchos Mechiras Chametz in end of Hilchos Pesach in Shulchan Aruch Harav] Accordingly, all Chametz is included in the sale. [Shevet Halevi 9:116; Mikraeiy Kodesh 1:74; Teshuvos Vehanhagos 2:211; Piskeiy Teshuvos ibid; Netei Gavriel 3:4; footnote 22] Vetzaruch Iyun regarding Chametz that one had no knowledge of at the time of the sale, as he nullified it before Pesach when saying the Bittul, and hence it is no longer his to sell. If this is true, then one would be required to destroy it on Pesach even if he sold his Chametz and would say a blessing if the Chametz is a Kezayis in size. However, in truth, this question is a general question on the Bittul, and as to how the sale and Bittul do not contradict each other, as on the one hand, all Chametz that one plans to sell is not included in the Bittul, and on the other hand one plans to sell all the Chametz. Vetzaruch Iyun. However, perhaps one can suggest that since the Bittul is Rabbinically invalid, it is at least Rabbinically considered that one owns the Chametz, and it is this Rabbinical ownership that is being sold, even if one does Bittul.

[3] Mikraeiy Kodesh ibid; Shevet Halevi 9:116 in 3rd option; See Piskeiy Teshuvos ibid

[4] Admur 440:5; 448:4; Shevet Halevi 9:116 in first option

The reason it does not help to place the Chametz behind a Mechitza by disowned Chametz: The reason the Sages allowed one to place the Chametz of a gentile behind a Mechitza, even though one who disowns Chametz must destroy it completely from the home, is because by a gentile’s Chametz, one is more hesitant to eat from it, and thus placing it behind a Mechitza suffices. However, by Chametz of Hefker, that was disowned, one is not hesitant to eat from it even if a Mechitza is placed. [Admur in gloss on Kuntrus Achron 440:11]

[5] Admur 446:7; Shevet Halevi 9:116 in second option

[6] Admur 446:7; 450:24-25

[7] See Admur Kuntrus Achron 440:11 that there is no prohibition against stealing from a gentile when one intends to reciprocate its worth; This is in addition to the fact that many Mechira documents contain a clause which gives permission to a Jew to destroy or use the Chametz for himself and reciprocate the gentile for it; Shevet Halevi 9:116 in third option; Piskeiy Teshuvos ibid footnote 7 writes the custom is to destroy the Chametz even if one sold it, however in truth, this is simply because people are not aware of the conditions of the sale, and thus the Minhag does not carry any authenticity. However, perhaps people are accustomed to do so because they do not rely on the validity of the sale, and hence are Makpid not to include Chametz Beiyn in the sale. See Nitei Gavriel 4:11, 15 footnote 22

The reason: Although there is no obligation for one to burn the gentiles Chametz, nonetheless, one may do so, as the gentile is not particular if the Jew burns some of the Chametz, as long as he has in mind to pay the gentile back.

[8] Divrei Geonim 128 in name of Sama Dechayeh

[9] Biblical or Rabbinical requirement: If the Chametz is more than a Kezayis, and was not nullified before Pesach, then this is a Biblical requirement. If it is less than a Kezayis, or was nullified before Pesach, then it is a Rabbinical requirement. [See Admur 431:2; 440:2; 442:28; Halacha 5 and 7!]

[10] Admur 446:1; 442:28; 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: The reason one needs to destroy the Chametz even if he had already nullified it, is because [otherwise] perhaps he will forget and come to eat it. [Admur 446:1]

Other opinions: Some Poskim rule it is permitted even Rabbinically to own less than a Kezayis of Chametz even if it was not nullfied. [Admur Kuntrus Achron 442:8 in understanding of: Abayey in Pesachim 45a; Riy in Tosafos ibid; Rosh 3:2; Tur 442 in name of Rosh; Peri Chadash 442:7; Teurmos Hadeshen 2:164; Ramban; Ran] However, the M”A 442:12 [brought in Admur 446:3] understands them to only permit owning nullified Chametz that is less than a Kezayus. Admur in Kuntrus Achron ibid negates his understanding

[11] Admur 442:28

[12] Admur 446:1 “One [who did not sell his Chametz before Pesach] who finds a piece of Chametz on Pesach which he had not found during his search on the night of the 14th, then whether he finds it in his house, or he finds it somewhere else in his property, then if it is [a weekday] Chol Hamoed, then he is obligated to destroy it from the world immediately upon seeing it”

[13] Admur 431:1; 440:1; 444:16; 445:1; M”A 444:11

If one found Chametz on Pesach, does he transgress retroactively?  One who performed Bedikas Chametz before Pesach, does not retroactively transgress Baal Yiraeh and Baal Yimatzeh upon finding a Kezayis of Chametz on Pesach, being that he is not at all at fault, as he checked for Chametz as was Halachically required. [Admur 433:12] However, if one did not check for Chametz before Pesach, then if he also did not nullify it, he does Biblically transgress Baal Yiraeh retroactively on the Chametz that he now found. If he did nullify his Chametz, then he Rabbinically transgresses Baal Yiraeh retroactively on the Chametz that he now found.

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. [Opinion in Admur 467:4; M”A 434:5, in his understanding of Rambam and Rosh, brought in Kuntrus Achron 433:3] Although Admur, 433:12 and Kuntrus Achron ibid clearly negates this opinion, in 467:4 he joins it for a lenient ruling

[14] Admur 446:1-2

[15] Admur 446:2

The reason regarding Chametz burnt until the 6th hour of the day: [Although in general only Chametz which one knew of during the search is included in the blessing said by the search, while other Chametz needs a separate blessing said over it when destroying it after having destroyed all the Chametz which one had in mind during the search, nevertheless, even] If one is burning Chametz, [which he acquired only after the search], before the 6th hour [of Erev Pesach], he does not need to say a blessing over it, even if he has already finished destroying all the Chametz which was known to him during the search. The reason for why a blessing is not needed is because so long as the 6th hour has not arrived; the mitzvah of the search has still not ended. As the entire purpose of the search is in order so one destroy the Chametz from the world, and as long as the 6th hour has not yet arrived, he does not [yet] need to destroy it. Thus, it ends up that there was no mitzvah done at all with the search and the destroying of the Chametz until the 6th hour arrived, and [only then] if he no longer has Chametz in his property is it retroactively considered that he did a mitzvah with his search and destroying of Chametz. [Thus, the Chametz which he had in mind during the Bedikah is only considered destroyed starting from the 6th hour, and any Chametz destroyed beforehand is included in the blessing said on that Chametz.] [Admur ibid]

The reason regarding Chametz burnt from the 6th hour until the night of the 15th: Possibly, even Chametz [which he only acquired after the search, and all the Chametz found by the search has been already burned, then if it] is burned after the 6th hour and onwards, until the night, one does not need to say a blessing over it. Only when such Chametz is being destroyed during Pesach [after the night of the 15th] is a blessing said. The reason for this possibility that a blessing is not required is because as long as Pesach has not begun, the Mitzvah of searching and destroying Chametz has not yet finished, as one does not transgress on Chametz Baal Yiraeh and Baal Yimatzeh until the night, and the Torah only commanded one to destroy the Chametz on Erev Pesach from midday and onwards in order so he not transgress Baal Yiraeh and Baal Yimatzeh during Pesach, as explained in chapter 432 in Kuntrus Achron 1 and 431:1. Thus it ends up then when Pesach arrives, one retroactively completes the Biblical mitzvah done by his search and destruction of the Chametz in his possession. Now, being that this is a possible reason to exempt a blessing from being said, therefore a blessing should not be said, as the rule is that Safek Braches Leaked. [Admur ibid]

Summary: When destroying Chametz on Erev Pesach before the night of the 15th then no blessing is said regardless of the amount being burned, or whether one had known of this Chametz at the time of the search done the previous night. The reason for this is because the command of Tashbisu works retroactively from the night of Pesach, when Baal Yiraeh and Baal Yimatzeh begin, and therefore everything burned before the night of the 15th is already included in the blessing said by Bedikas Chametz.

[16] See Admur 446:1; 432:1-2

The reason: When destroying Chametz which one knew of, or found, during the search which was done on the night of the 14th, then no blessing is ever said, even if one forgot or transgressed and is destroying the Chametz on Chol Hamoed Pesach. The reason for this is because the blessing of “Al Biur Chametz” which was said on the night of the 14th, exempts all Chametz which was found during the search, or that was intended to be bought to eat on the 14th, as explained in 432:1-2. Now, so long as one has not yet burned the Chametz that he found during his search, then the search which he said a blessing over has still not ended, as searching without destroying [the found Chametz] is worthless. [See Admur ibid]

[17] Admur 446:1

The reason: Being that so long as one has not yet burned the Chametz that he found during his search, then the search and its blessing have still not ended, as searching without destroying [the found Chametz] is worthless. Therefore, all Chametz that is being destroyed prior to having finished destroying the Chametz found during the search, does not require a blessing to be said over, as the Mitzvah of Bedikah and its blessing still continue. [Furthermore], even if one did not find any Chametz during his search, nevertheless, he does not need to say a blessing on the Chametz that he destroys on the day of the 14th, of which he had knowledge of by the [beginning of the] search that he would have to destroy the next day. The reason for this is because the completion of the search is the [burning of this Chametz which he had knowledge of that he would have to destroy]. [Thus], even when one destroys other Chametz which was not known to him during the search, such as that the Chametz was hidden in a hole during the search, and he checked and did not find it, and afterwards it rolled from there and he found it, or [another example] if he changed his mind the next day and bought Chametz or if he changed his mind and baked Chametz bread, nevertheless, he does not need to say a blessing over destroying it if he is destroying it prior to having finished destroying the Chametz which he knew of during the time of the search. The reason for this is because the mitzvah of the search has still not ended, being that he said the blessing on the mitzvah of destroying the Chametz, and he has not yet finished destroying the Chametz which he knew of at the time of the search that would have to be destroyed. However, when he destroys the Chametz which he found [after the search, as in the example above that it was hidden in a hole, then when he destroys it], after he has finished destroying the Chametz which he knew of during the search that he would have to destroy, then he is obligated to say a blessing over it [if it contains a kezayis or more, and is Chol Hamoed, as will be explained]. The reason for why it is not included in the blessing said by the search is because the Mitzvah of the Bedikah which he has said a blessing over has already finished. [Admur ibid]

[18] Admur 446:3

[19] Admur 446:1 “He says the blessing of Al Biur Chametz prior to destroying it. [This applies] even though one has already nullified all of his Chametz on the night of the 14th, nevertheless he is Rabbinically obligated to destroy it, and say a blessing over it.”

The reason: [The reason a blessing is said when destroying a kezayis or more] even though one has already nullified all of his Chametz on the night of the 14th, is because he is nevertheless Rabbinically obligated to destroy it, as [otherwise] perhaps he will forget and come to eat it. He [is] therefore obligated to say a blessing over it, just as one says a blessing over all Rabbinical mitzvos. [Admur ibid]

[20] Admur 446:4

The reason: If one did not nullify this Chametz before Pesach, [such as] if one’s dough became Chametz on Pesach, in which case he does not have the ability to nullify it now, then even if the dough does not contain a kezayis, one is obligated to destroy it according to all opinions and thus say a blessing over destroying it. [The reason for why one needs to destroy this Chametz, even though it is less than a kezayis is because] the sages decreed [that less than a kezayis is to be destroyed in order so one not come to own] a full kezayis, in which case one transgresses Baal Yiraeh and Baal Yimatzeh Biblically. [Admur ibid] Accordingly, there is a Rabbinical prohibition of Baal Yiraeh applicable to such Chametz. [Kuntrus Achron 446:1; The same applies if one forgot to nullify his Chametz before Pesach, in which case any Chametz which he finds on Pesach is to be burned with a blessing even if it became Chametz before Pesach and is less than a kezayis. However, a crumb of Chametz, being that in any case it is automatically considered nullified, one does not destroy with a blessing.] Vetzaruch Iyun, as in truth there are opinions who hold that less than a Kezayis of Chametz which one did not nullify does not need to be destroyed. [See Admur Kuntrus Achron 442:8] Likewise, in 432:5 Admur rules that even before the 6th hour of Erev Pesach, one does not say a blessing when searching for less than a kezayis of Chametz even though one will not be nullifying it before destroying it.

When is a less than Kezayis piece considered automatically nullfied? 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]

[21] Admur 446:3-4

The reason: If [on Chol Hamoed] one found Chametz which had become Chametz already before Pesach and was thus included in one’s nullification when he said “Kol Chamirah,” [Admur 446:4] then if the piece of Chametz is less than a kezayis in size, a blessing is not recited upon destroying it.  [Admur 446:3; The reason for this is] because there are opinions who hold that less than a kezayis of Chametz does not need to be destroyed at all if he has already nullified it before Pesach, as explained in Chapter 459. We therefore suspect for this opinion, and do not say a blessing when destroying less than a kezayis, [being that the rule is] Safek Brachos Lihakel. [Admur 446:3] Alternatively, the reason is because even according to the stringent opinions who obligates one to destroy less than a Kezayis, nevertheless, if Bittul was performed then even they agree that a blessing is not required. As a blessing was only required when one transgresses a Biblical or Rabbinical Baal Yiraeh, and not when the obligation of destroying the Chametz is simply due to worry that one may come to eat it. Now, by less than a kezayis of Chametz which has been nullified, even according to the stringent opinion, it only needs to be destroyed due to this worry, and thus even according to them a blessing should not be said. [Admur Kuntros Achron 446:1] Vetzaruch Iyun as this reason contradicts the reason stated by Admur in 446:3.

[22] Admur 446:4 “When destroying Chametz which has not become actual [Biblical] Chametz, as explained in chapter 459 [and 442], then a blessing is never said when destroying it. Similarly, a wheat kernel which was found in a dish, or was soaked in water, then even though the kernel has split, [since] it is not considered actual Chametz, as explained in chapter 467, [therefore] no blessing is said over destroying it, even if it has become Chametz on Pesach.”; 442:20 regarding Nuksha

[23] Admur 446:1

The reason for why the blessing said on the night of the 14th does not suffice: Even though he has already said a blessing of “Al Biur Chametz” on the night of the 14th, and with this blessing he has become exempt from saying the blessing “Al Biur” on the day of the 14th, as explained in chapter 432, nevertheless, only Chametz which was found during the search, or that was [intended to be] bought to eat on the 14th, were included in that blessing [said on the night of the 14th]. [The reason for why that Chametz was included is because] as so long as one has not yet burned the Chametz that he found during his search, then the search which he said a blessing over has still not ended, as searching without destroying [the found Chametz] is worthless. [However, since this Chametz was never included in the blessing said over the search to begin with, therefore, it requires a new blessing to be said over it.] [Admur ibid]

[24] Admur 446:5-6

[25] Implication of Admur 446:5 that all Chametz which is only Rabbinically prohibited is not to be destroyed. Vetzaruch Iyun why Admur does not explicitly mention this.

[26] Admur 446:5 “If one found a piece of Chametz in his house, on Yom Tov or on Shabbos, and the Chametz was baked before Pesach, then if he nullified the Chametz before Pesach, in which case he no longer Biblically transgresses Baal Yiraeh and Baal Yimatzeh on this Chametz, then even if the piece contains a kezayis [of Chametz], it should not be destroyed that day, but rather it is to be covered with a vessel until the evening [after Shabbos/Yom Tov] and by evening he is to burn it.”

The reason: The reason for why the Chametz is to be covered is in order so it be covered from one’s sight so he not come to forget and eat it. [Admur ibid]

[27] Admur ibid regarding if baked on Pesach, and the same applies if he did not nullify before Pesach.

[28] See previous footnotes

[29] First opinion in Admur 446:5; Tur 446 in name of Rabbeinu Yechiel; Bach 446; Rashi Pesachim 6a; Semag Asei 39; Hagahos Maimanis 3:9; Ran Pesachim 2b

[30] The reason: [Although Chametz is Muktzah and is Rabbinically forbidden to be moved] one is to destroy it even on Yom Tov, in order not to transgress the [Biblical] prohibition of Baal Yiraeh and Baal Yimatzeh. [Admur ibid]

How to destroy the Chametz on Yom Tov: If one has a river before him, then [one destroys it by] crumbling it and throwing it into the sea. [Alternatively, one can flush it down the toilet. Vetzaruch Iyun why this was omitted by Admur.] However, one should not burn it, as one should diminish desecrating Yom Tov. However, if there is no river [or toilet] available in front of him, then one may burn it, or crumble it and throws it into the wind. [Admur ibid; Vetzaruch Iyun why here Admur does not mention to precede throwing into the wind over burning.]

The reason burning and throwing in wind is allowed on Yom Tov: The reason why burning and throwing to wind is allowed, despite being Biblically prohibited to do on Yom Tov is as follows: Not doing Melacha on Yom Tov carries a Positive and Negative command, as explained in chapter 495, while destroying Chametz on Pesach as well only carries with it a Positive command of Tashbisu and a Negative command of Baal Yiraeh and Baal Yimatzeh. Now, although the rule is that we do not push off a Positive and Negative command in face of another Positive and Negative command, nevertheless, since these forms of Melacha of burning and throwing into the wind are Biblically allowed on Yom Tov for eating purposes, [therefore] they are permitted to be done completely, even for non-food purposes as well, as long as they are being done for the need of Yom Tov, such as for the need of [fulfilling] a passing command which is to be done that day, as explained in chapter 495. [Thus, since] destroying the Chametz is also a passing command, being that every moment which one leaves it and does not destroy it he transgresses Baal Yiraeh and Baal Yimatzeh, [therefore, it may be burned and thrown to the wind if one cannot destroy it in other ways.] [Admur ibid] This ruling of Admur regarding throwing into the wind follows the Yerushalmi, as ruled in 319:29 [as opposed to the Bavli] that even scattering items not for the sake of separating contains the winnowing prohibition. The novelty here is, that even according to this opinion, it is permitted to do so on Yom Tov for the sake of destroying the Chametz.

How to destroy the Chametz on Shabbos: On Shabbos ,one may only destroy it if he can do so without violating any Shabbos laws, such as throwing it in his toilet, or if there is an eiruv, to throw it in a river. However, to throw in the wind or burn is never allowed as it involves a Melacha. If there is no eiruv and one does not have a toilet to throw it in, then one covers it until night, even according to this opinion.

[31] Second opinion in Admur 446:5; Michaber 446:1; 1st opinion in Tur 446; Tosafos Shabbos 24b; Rambam 3:8 according to Maggid Mishneh

[32] The reason: There are opinions who argue and say that even if it became Chametz on Pesach, he should not destroy it on Yom Tov, and even if a river is available before him, he should not throw it there. Furthermore, it is even forbidden for one to burn the Chametz in its place even though he will not be moving it, and even though burning on Yom Tov is permitted for eating purposes [and thus one should allow burning for even non-eating purposes]. Rather [if one finds Chametz on Yom Tov, irrelevant of the amount] he is to cover it until evening [after Yom Tov, and destroy it then]. The reason for this opinion is because since the Chametz is prohibited in benefit on Pesach, it is [therefore] Muktzah, and is thus forbidden to move on Yom Tov being that it is not useable for anything [and thus has the Muktzah category of Muktzah Machmas Gufo. Therefore, the Sages did not allow one to destroy it, even if one is Biblically obligated to do so, and will thus Biblically transgress Baal Yiraeh and Baal Yimatzeh]. Now, even though the prohibition of Muktzah is only Rabbinical, while the owning of [a Kezayis of] Chametz to which nullification has not been done, is Biblically prohibited, and one transgresses on it Baal Yiraeh and Baal Yimatzeh, nevertheless, the Sages have set their decree [of Muktzah] even in the face of [transgressing] Positive and negative commands. This is due to that the Sages have the [G-d given] power to uproot a Biblical matter by decreeing that one should not do it. Meaning, that when one is not actively transgressing with one’s hands [i.e. through an action], but is rather just sitting and doing nothing, and by doing so, the command is transgressed on its own, then the Sages have the right to uproot the performance of the command. [i.e. Sheiv Veal Taaseh]. [Admur ibid; See M”A 446:2 for an alternatively reason and Kuntrus Achron 446:2 for a rejection of this alternative]

The reason one may not even burn the Chametz without moving it: The reason why one may not even burn the Chametz without moving it, is because [here] we do not say [the rule] that since burning is allowed for food, therefore it is even allowed for mitzvah matters. [The reason for this is because] Biblically this mitzvah [of destroying the Chametz] can be fulfilled without needing to desecrate the Yom Tov, as one can simply throw it into the sea, or into a toilet, being that moving muktzah is only Rabbinically forbidden. Similarly, Biblically, one may crumble the Chametz and throw it into the wind, as Zorah is only an Av Melacha when throwing kernels in order to separate the peel from it, as this is considered Borer (food from the waists) (waists from the food), however when one throws all of the food into the wind, there is no Biblical prohibition. [Thus, since there are other methods available to do the mitzvah other than by burning,] therefore it is Biblically forbidden to burn the Chametz on Yom Tov, and the sages do not have the ability to permit one to [to do an action] which is Biblically forbidden [to be done]. [Admur ibid; This opinion follows the ruling of the Bavli, that throwing it into the wind does not contain a Biblical prohibition. However, see above in reasoning for 1st opinion, that it is a Biblical prohibition. Admur here goes according to the stringency of each opinion, meaning that since according to the lenient opinion throwing to the wind does not contain a winnowing prohibition, therefore one may not burn it which contains a Biblical prohibition according to all.]

Discarding the Chametz using a Shinui: Tzaruch Iyun why according to this opinion, the sages did not obligate one to destroy the Chametz using a Shinui [such as by kicking it into the toilet, and the like] which does not transgress the Muktzah prohibition. [See Admur 308:14] See Lehoros Nasan 5:30; Piskeiy Teshuvos 446:2 footnote 9

[33] Admur 446:5

The reason: One does not transgress Baal Yiraeh and Baal Yimatzeh on the delay of destroying the Chametz until evening, as in truth one does want to destroy it, and it is only because the sages are refraining him from doing so [that he is not doing it]. Thus, he is considered Anus, [and does not transgress anything, as] the Torah only warned one against owning Chametz if he has the ability to destroy it. [Admur ibid]

Other opinions: Some Poskim rule one does not transgress Baal Yiraeh at all if he plans to destroy the Chametz later on, even if he delays destroying it, as it is a Lo Sasei Shenitak Liasei. [M”A 446:2, brought in Kuntrus Achron 446:2]

[34] Admur 446:6

[35] Admur ibid

The reason: The above stringency to not destroy the Chametz on Yom Tov was only said regarding the first day of Yom Tov being that it is Biblical. However, on the second day of Yom Tov in the Diaspora, which is only a Rabbinical holiday, one may follow the first opinion when the Chametz has become Chametz on Pesach [and was thus not nullified, or became Chametz before Pesach but one forgot to nullify his Chametz,] and it has a kezayis, in which case one Biblically transgresses on it Baal Yiraeh and Baal Yimatzeh. [Admur ibid]

[36] Admur ibid

The reason: As even in accordance to that which was explained above [in the first opinion] that throwing into the wind is not Biblically forbidden on Yom Tov, nevertheless, it is Rabbinically forbidden to be done. [Ketzos Hashulchan 146 footnote 13]

[37] See next Halacha

[38] Admur 446:6

[39] However, on Shabbos, one must be careful that the gentile does not carry the Chametz into an area that it is Biblically prohibited in carrying [such as into a Reshus Harabim]. [Admur ibid]

[40] Is this optional or an obligation? The wording of Admur implies that there is no obligation to ask a gentile to destroy the Chametz even if a gentile is available. Rather, one may choose to cover it and destroy it after Yom Tov.

Asking the gentile to throw it into the wind: [On Yom Tov, one may ask the gentile to crumble the Chametz and throw it into the wind, or burn it, if other options are not available. However, on Shabbos] one may not tell the gentile to crumble it and throw it into the wind, [or to burn it], even if the Chametz became Chametz within Pesach, and thus must be Biblically destroyed. The reason one may not ask the gentile [on Shabbos] to crumble it and throw it into the sea is because there are opinions who rule that throwing the crumbs in the wind is a complete Biblical Melacha, as explained in chapter 31:29, see there. [This prohibition to ask the gentile to throw it in the wind applies] even if the Chametz became Chametz on Pesach and needs to be Biblically destroyed , as the sages set their standards [against asking gentiles to do Melacha on Shabbos] and did not allow to tell a gentile to do a complete Melacha [Biblical] [even] for the need of [fulfilling] any Mitzvah of the Torah, with excepting to [fulfilling] the mitzvah of Milah, [which they did allow one to ask a gentile to even do a Biblical Melacha] as explained in chapter 331. [Admur ibid; See Ketzos Hashulchan 146 footnote 13 with regards to why Admur did not make mention here of the opinion in 319:29 that throwing in the wind is only Rabbinically forbidden if it is not done Legufo, as throwing Chametz into the wind on Pesach is considered for its own need, being that it is forbidden to own Chametz on Pesach.]

[41] The reason: The reason one may tell a gentile to destroy even Chametz which one had nullified is because there is nevertheless a Rabbinical Mitzvah to destroy it. Now, it is explained in chapter 307, that any matter which is Rabbinically forbidden to do on Shabbos, is permitted to have a gentile do on one’s behalf, if it is being done for the need of [fulfilling] a mitzvah. [Admur ibid]

[42] The reason: As the Jew himself is not fulfilling the Mitzvah. [Admur ibid]

[43] Admur ibid; M”A 446; M”B 446:7; See Tiferes Adam 2:24 and Piskeiy Teshuvos 446:2 footnote 13 that this applies even today, however Minchas Elazar 2:10 rules it no longer applies today, and one may thus ask a  gentile to destroy it.

The reason: The reason for this is because we suspect for danger, as the gentile may say that we are doing witchcraft on him, [and come to endanger the Jew]. [Admur ibid]

[44] Biur Halacha 446:1 “Shelo Yuchal”; Piskeiy Teshuvos 446:2

[45] Admur 446:8 “One who finds bread in his home on Pesach and does not know if it is Chametz bread [crackers] or matzah bread, then if the Chametz was found [in an area that is clearly visible, or] even if it was found in a hole or crack which is visible [to all] then it is permitted to even eat it. The reason for this is because [we assume] that the piece is certainly matzah, being that he checked his entire house before Pesach, and he destroyed all the Chametz that it contained. One can assume that one checked, as the Halacha requires, all the visible holes and cracks for Chametz, as being that [the hole] is visible, certainly he saw the hole during his search and thus we can assume that he checked inside of it. If one found the bread [cracker] in a crack which is not visible to all, such as that it was found in a crack on the bottom of a wooden box, which was covered by the boards of the bottom of the box, and it is thus not visible to all that there is a crack there, then there is suspicion that perhaps this bread [cracker] is Chametz and one is thus obligated to destroy it immediately from the world.”

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

[47] The reason: One must destroy his friends Chametz in order so his friend not transgress Baal Yimatzei, 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!

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