This chapter focuses on a crucial question:
Which chametz does the Torah forbid us to possess on Pesach?
The Rambam explores:
- Ownership
- Responsibility
- Deposits and collateral
- Sales to non-Jews
- Chametz mixtures
- Chametz that has become spoiled or inedible
Halachah 1 – “Your” Chametz
The Torah states:
“No chametz shall be seen for you.”
The Rambam explains that the prohibition applies even if the chametz is:
- Buried
- Hidden
- Stored elsewhere
- Entrusted to another person
The determining factor is ownership.
The Torah’s concern is not merely whether the chametz is visible, but whether it remains your property.
Halachah 2 – Jewish vs. Non-Jewish Chametz
A Jew violates Bal Yera’eh and Bal Yimatzeh regarding:
- Chametz owned by a Jew,
- Even if hidden or stored elsewhere.
However:
âś… Chametz owned by a non-Jew may remain on Jewish property.
âś… Chametz belonging to the Temple treasury (hekdesh) may also remain.
The prohibition is only on:
Your chametz, not someone else’s.
Protective Barrier
If non-Jewish chametz is kept in a Jew’s home:
A partition of at least ten handbreadths should be erected.
Reason:
- To prevent accidental use.
No barrier is needed around consecrated property because people naturally avoid it.
Halachah 3 – Responsibility Creates Ownership
If a non-Jew deposits chametz with a Jew:
If the Jew accepts liability
For theft or loss:
→ He must destroy it.
Why?
Because accepted responsibility gives the chametz a halachic status similar to ownership.
If the Jew does not accept liability
→ The chametz may remain.
→ It may even be eaten after Pesach.
Halachah 4 – Forced Liability
Suppose a powerful non-Jew deposits chametz with a Jew.
Even if the Jew never formally accepted responsibility:
If the non-Jew would force payment for loss or theft,
then:
→ The Jew must destroy the chametz.
Practical responsibility creates legal responsibility.
Halachah 5 – Chametz Used as Loan Collateral
A Jew gives chametz to a non-Jew as security for a loan.
If he says:
“If I fail to repay by the specified date, the chametz becomes yours retroactively from now.”
Then:
âś… The chametz is considered non-Jewish property.
âś… It may be used after Pesach.
However, without this retroactive transfer clause:
❌ The chametz remains Jewish-owned.
❌ It becomes forbidden after Pesach.
Halachah 6 – Selling Chametz Before Pesach
The Rambam explicitly permits:
- Selling chametz to a non-Jew.
- Giving chametz as a gift to a non-Jew.
Even if the Jew later buys it back after Pesach.
The transfer must be:
A complete and genuine transfer of ownership.
Halachah 7 – What Is Not Allowed
A Jew may encourage a non-Jew to purchase the chametz.
However:
❌ He may not create a conditional arrangement in which ownership never truly leaves him.
A fake transaction does not remove the prohibition.
Halachah 8 – Mixtures Containing Chametz
A person also violates the ownership prohibitions if he possesses edible mixtures containing chametz.
Examples given include:
- Babylonian kotach
- Median beer
- Pickling brine
Because these remain food products containing chametz.
Halachah 9 – Chametz Rendered Inedible
A major principle appears:
Chametz that has become unfit for consumption is treated differently.
Example:
A tanner’s vat containing flour and hides.
Since the flour becomes spoiled and inedible:
âś… It may be kept on Pesach.
The determining factor is whether the chametz still retains edible status.
Halachah 10 – Medicines and Ointments
Substances such as:
- Eye salves
- Medical compresses
- Ointments
- Medicinal compounds
that contain chametz may be retained when the chametz has deteriorated and lost normal food status.
Halachah 11 – Moldy Bread and Industrial Uses
Bread that has spoiled so severely that:
A dog would no longer eat it
need not be destroyed.
Similarly:
- Starched clothing
- Papers glued together with chametz paste
may remain in one’s possession.
Reason:
The material no longer has the form or function of food.
Halachah 12 – Inedible Mixtures
Even when a chametz mixture may be kept because it is not considered normal food:
The Rambam rules that eating it during Pesach remains forbidden.
Why?
Because chametz is still present, even though the product no longer requires destruction.