Chapter 2: The Chametz related commands & prohibitions

Introduction: There are several different commands and prohibitions regarding the owning and eating of Chametz on Pesach. There is a positive command to destroy Chametz, two negative commands not to own Chametz, a negative command against eating or benefiting from Chametz, and a Rabbinical command to search one’s house for Chametz. The following chapter will discuss all the general laws relating to Chametz. Further details of Chametz related laws are recorded throughout the later chapters, in their relevant areas of discussion.   Being careful from Chametz protects one from sin: The Arizal[1] states that one who is careful to avoid even a small amount of Chametz is guaranteed not to sin throughout the year. [This means that his nature will change to the point that he will not naturally do a sin inadvertently. However, regarding sinning advertently, one always retains his freedom of choice.[2]] The Yetzer Hara: Chametz represents the Yetzer Hara.[3] Just as Chametz is defined as bread that has risen, so too, the Yetzer Hara derives from haughtiness.   Working on one’s character:[4] The entire idea of cleaning the house for Chametz is to get rid of bad traits. [Accordingly, one is to take extra precaution on Pesach, and during Pesach preparations, to rid oneself of any bad traits of haughtiness, anger, and the like.] The definition of a Kezayis:[5] Throughout this and coming chapters, the measurement of a Kezayis of Chametz is recorded regarding various Halachos, such as the Biblical obligation to destroy a Kezayis of Chametz, the reciting of a blessing upon destroying a Kezayis of Chametz, the inability to rely on Bittul on a dirty Kezayis of Chametz, and a mixture of a Kezayis of Chametz in food. Now, it is disputed amongst Poskim as to whether a Kezayis is ½ of a Kebeitza [i.e. 26 grams of a 52 gram egg] or 1/3 of a Kebeitza [i.e. 17 grams of a 52 gram egg]. Practically, regarding Biur Chameitz one is to be stringent like the smaller measurement [to consider Chametz to contain a Kezayis and require destruction if it is 1/3 of an egg size, which is 17 grams.[6] However, one is to only burn Chametz on Yom Tov, if one did not do Bittul, if it is greater than a half an egg size of Chametz, and one is to only say a blessing upon destroying it if it is the size of half an egg, if he did do Bittul.] The same applies regarding any matter in which the larger amount is a leniency and the smaller amount is a stringency, that one is to be stringent like the smaller amount.

 

1. What is defined as Chametz?[7]

Chametz is defined as any food which contains any one of the five grains [wheat, barley; rye, spelt, oat] which have leavened. When these grains, or their flour derivatives, come into contact with water or water derivatives, they will have leavened after remaining with the water for 18/24 minutes. When the grains, or its flour, has been mixed with water and leavened, it is Halachically defined as Chametz, so long as the Chametz remains edible. Thus, whether or not an item is Chametz depends on the following four factors:

1. The species of grain.
2. The type of liquid that it was kneaded with.
3. The leavening process.
4. Edibility

There are various qualities of Chametz. Certain types of Chametz are considered Biblical Chametz, under a Biblical prohibition. [See A-D] Other types of Chametz are considered Rabbinical Chametz [see F]. Likewise, there are foods that although they are not Chametz, they are nevertheless not eaten due to a decree against coming to eat Chametz. [See E-L] In addition, there exists different qualities of Chametz vis-a-vis the owning prohibition, and at times, what may be prohibited to eat due to the Chametz prohibition, is nevertheless permitted to be owned. This Halacha will discuss all the details of the foods that are not eaten or owned due to Chametz.

*Important note:

The Halacha below will deal with the general laws of the definition of Chametz and when dough becomes Chametz. Practical directives of how to make dough and bake Matzos for Pesach cannot be derived from this section, as there are various additional adherences brought in Shulchan Aruch and the later Poskim that have not been brought in this section. As a rule, baking Kosher for Pesach Matzahs involves many details, and is not to be done unless under expert Halachic supervision.

A. The grain/flour:[8]

Only the five grains; which are 1) wheat, 2) barley; 3) rye, 4) spelt, 5) oats, can become leaven and Chametz. All other flours, such as flour made from rice [and corn[9]] and all other legumes and starches, cannot ever leaven and become Chametz. Although these flours also rise when kneaded with water, this rising is not a leavening but rather a spoiling. For example, if one were to take rice flour, and the like, and knead it with boiling water, and then cover it with a cloth until it rises like dough that has leavened, in truth this act of rising is not leavening but rather a spoiling of the dough. The dough thus remains permitted to be eaten on Pesach. [Nonetheless, certain flours are considered Kitniyos, and are accustomed by Ashkenazi Jewry not to be eaten on Pesach, as will be explained.]

 

Wheat/חיטה, Barleyשעורה/, Rye/שיפון, Speltכוסמין/, Oatsשיבולת שועל/, Rice flour, Potato flour, Millet flour, Buckwheat flour, Corn flour 

Q&A Does there exist various species of the five grains? Yes. There are various species of wheat and other grains of the five grains. All these species are considered under the category of the five grains that can become Chametz through contact with water.   Is “bulgur” from one of the five grains? Yes. Bulgur is a cereal food made from the groats of several different wheat species, most often from durum wheat. Bulgur is a kind of dried cracked wheat and is most common in European, Middle Eastern, and Indian cuisine.   Is buckwheat a grain or a legume? Despite its misleading name, buckwheat is not a grain. It is a seed of a plant which looks like grain, hence explaining its name. For all Halachic purposes, buckwheat cannot become Chametz. It does however fall under the category of Kitniyos. Status of bran:[10] The bran of the wheat/barley etc kernel is considered Chametz.   Status of wheat germ: The germ of the wheat/barley etc kernel is considered Chametz.   Status of wheat straw:[11] The stalk of the grain of wheat/barely etc is not Chametz. Kashrus of wheat straw plates for Pesach:[12] There is no issue with using wheat straw plates neither during the year, nor on Pesach, and hence one may purchase it for Pesach use without worry of Chametz.

B. The liquids:

Water and water derivatives:[13] The Biblical definition of Chametz refers to dough that has been kneaded with water, or with water derivatives. Only water or water derivatives can leaven the grain or flour.

Fruit juice-Does fruit juice turn flour into Chametz?[14] Dough that is kneaded with 100% fruit juice [or other liquids defined as fruit juice] cannot become Chametz and [from the letter of the law] is permitted to be eaten on Pesach. This applies even if the dough remains the entire day without being worked on and rises. [The Ashkenazi custom, however, is not to eat such Matzah over Pesach, as will be explained in E.]

Mixture of water and fruit juice:[15] The above law that fruit juice does not have the ability to leaven flour only applies if absolutely no water is mixed into the fruit juice. If, however, even a minute amount of water mixed into the fruit juice, or a minute amount of fruit juice mixed into the water[16], then this water/fruit juice causes the flour to become complete Chametz, of which one is liable for Kareis. Furthermore, this mixture of fruit juice and even a minute amount of water causes the dough to become Chametz in even less time than plain water; in even less than Shiur Mil [i.e. 18:24 minutes].[17] Furthermore, it can become Chametz even if one works on the dough after the kneading.[18] It is thus forbidden to initially bake Matzah with a mixture of fruit juice and water, lest one not be careful to bake it immediately.[19] [The Ashkenazi custom is not to eat such Matzah over Pesach even Bedieved, as will be explained in E.]

 

Liquids defined as water derivatives:[20]

The following liquids are considered water derivatives that can make the grain or flour into Chametz:

1. Tears, whether of a human, animal or fowl.
2. Mucus of the ear, whether of a human, animal or fowl.
3. Mucus of the nose, whether of a human, animal or fowl.
4. Saliva of the mouth, whether of a human, animal or fowl;
5. Urine and bowel movement liquids of a human. The feces of a human, animal or fowl and the urine of animals and fowls have the same status as fruit juice.
6. [21]

Liquids defined as fruit juice:[22]

The following items are considered the same status as fruit juice and cannot leaven grain or flour into Chametz: As a general rule, all existing liquids that are not defined as water derivatives [brought in previous list] are considered under the Halachic definition of fruit juice. Even liquids that do not come from fruits, such as milk, honey, eggs, and the like are considered fruit juice regarding this matter. Even sour liquids, such as apple cider and the like, that is used to knead dough, does not turn the dough into Chametz. The dough remains permitted to be eaten even if the dough became sour, as this is not the Chametz that the Torah prohibited.

The following are some examples brought in Poskim of liquids defined as “fruit juice”:

1. Wine
2. Wine dregs.
3. Oil
4. Strawberry juice, Pomegranate juice and all other juices of fruit.
5. Apple cider.
6. Milk[23]
7. Honey
8. Eggs
9. Sweat of a human.[24]
10. Feces of a human, animal or fowl.
11. Urine of animals and fowls has the same status as fruit juice.
12. Fat and Cheilev
13. Gallbladder juice.[25]
14. Blood.[26]

Liquids of doubt or dispute:

1. Animal sweat:[27] It is questionable as to whether the sweat of an animal has the same status as human sweat which is like fruit juice, or if it has the status of water. Practically, in the event that flour contacted animal sweat, such as sacks of flour that were delivered by animal back, the flour is permitted.[28]
2. Perspiration of a wall:[29] If a wall [or vessel] contains condensation, then if this is due to steam, such as in a bath house, then it has the status of water. If, however, it is due to fire, then some say it has the status of water while others say it has the status of fruit juice. Practically, one should be stringent like both opinions.

 

C. The leavening of the dough:

The Biblical term of Chametz refers only to dough [of the five grains] that has been kneaded with water and has leavened.[30] The term leaven means to rise. There are various ways of achieving leavening of dough, some which include a fermenting agent, such as yeast or bacteria, while others do not include a fermenting agent but rather a leavening agent.[31] The following will discuss the exact definition of leavened dough that is defined as Chametz.

The cause of the leaven:[32] Leavened dough is considered Biblical Chametz whether the dough leavened due to fermentation of a yeast or has leavened on its own after being left alone for a while without being worked on, or even if it was leavened through an external fermenting agent, such as oven dried wine dregs. In all these cases, the dough is considered absolute Chametz, and one who eats it is liable for Kareis.[33] [Thus, whether the dough leavened due to a fermenting agent, or a non-fermenting agent, or even on its own, it is Chametz.]

How long does it take dough to become leavened and become Chametz?[34] If dough remained a Shiur Mil without being worked on, it becomes Chametz.[35] A Mil is a form of measurement of distance, similar to miles and kilometers. A Shiur Mil is the amount of time that it takes to walk the distance of a Mil. There is a dispute regarding the exact length of this distance. Some Poskim[36] rule it is 18 minutes worth of walking.[37] Other Poskim[38] rule it is 24 minutes worth of walking.[39] This draws us to a great dispute regarding the amount of time it takes unworked dough to become Chametz. According to the former opinion, it takes 18 minutes, while according to the later opinion, it takes 24 minutes. Practically, the main Halachic ruling follows the latter opinion, that there are 24 minutes in a Mil, and it takes 24 minutes for dough to become Chametz.[40] Nonetheless, one is to be stringent like the first opinion [that a Mil is 18 minutes and it thus takes dough 18 minutes to become Chametz] unless this involves a great loss.[41] The above measurement of 18/24 minutes applies in general circumstances, however, in certain circumstances, dough can become Chametz in even less than 18/24 minutes, and in certain circumstances, it will not become Chametz even after 18/24 minutes. The following are the cases of exception:

Things that prevent dough from leavening even past 18/24 minutes:

There are a number of matters that prevent dough from becoming Chametz even if it were to delay 18:24 minutes prior to being baked. These are:

1) Working on the dough:[42] Working on the dough prevents it from becoming Chametz. This applies even if one were to work on the dough for the entire day. In order for the dough to become Chametz, it must remain a full 18/24 minutes without being worked on at all in that time. If one worked on the dough even one time within the 18/24 minutes, it undoes the partial leavening that occurred prior to the kneading, and the dough then requires another full 18/24 minutes, without being worked on, in order to leaven and become Chametz.[43] Thus, even if in total the dough remained many hours without being worked on, if it was worked on every 17/23 minutes, and never remained a consecutive 18/24 minutes without being kneaded, it does not become Chametz.

The definition of working on the dough: Working on the dough only prevents it from becoming Chametz if one did a complete form of kneading to the dough in the interim, such as kneading it, punching the dough with one’s fists, or rolling the dough into Matzos using a roller. However, puncturing the holes in the dough to prevent it from rising is not considered a complete form of working to nullify the leavening that occurred prior to the puncturing, although it does prevent it from leavening while it is being punctured. Certainly, merely rubbing on the dough does not nullify its previous leavening, and on the contrary, it heats the dough and hastens its leavening.

2) Drops of water which fall on flour:[44] If drops of water fall onto flour immediately one after the other, without any break at all in between, it prevents the flour from leavening and becoming Chametz, and thus even if the flour were to remain under the drips for the entire day, it is valid. Nevertheless, as soon as the drips stop, one must knead the flour immediately and bake it.

Things that cause dough to leaven even within 18:24 minutes:

There are a number of matters that cause the dough to leaven and become Chametz in even less than 18:24 minutes. These are:

1) Warm flour/dough:[45] Dough only requires a Shiur Mil to become Chametz if the dough was not warmed up. However, if the dough was warmed, such as by being left in the sun, or near an oven, or through rubbing one’s hands on it, then it can become Chametz instantly.

2) Liquids defined as fruit juice:[46] If liquids defined as fruit juice are kneaded into the flour together with water, it causes the dough to become Chametz in even less than 18:24 minutes, as brought above in B.

Summary: Chametz is defined as foods which contain any one of the five grains [wheat, barley; rye, spelt, oat] which have leavened. When these grains, or their flour derivatives, come into contact with water or water derivatives, they become leaven after remaining with the water unworked on for 18:24 minutes. When the grains or flour have leavened it is defined as Chametz. If one adds 100% fruit juice, without any water, into the flour, then the dough cannot become Chametz, even if the dough rises and remains un-worked for over 18 minutes. However, according to all, if the fruit juice is mixed with even a minute amount of water, then the dough can become instant Chametz, in even less than 18 minutes.   List of Chametz foods: · Bread · Beer · Bulgur · Cereal extract · Couscous · Cookies · Crackers · Cracker meal · Flour of wheat, barley, oats, spelt or rye · Farina · Fu · Gluten · Kamet · Malt or malt extract · Pasta · Pita · Seitan · Semolina · Tabbouleh · Triticale · Triticum · Wheatgrass · Whisky   List of products and trace ingredients that may contain or be produced from Chametz, as given by the AAFA Allergy Foundation: Artificial flavoring, natural flavoring; Caramel color, Dextrin; Food starch, gelatinized starch modified starch, modified food starch vegetable starch; Glucose syrup; Hydrolyzed vegetable protein (HVP) Malt dextrin Monosodium glutamate, MSG; Soy sauce, shoyu, tamari, teriyaki sauce; Surimi; Vegetable gum. Q&A Is Play dough\Play-doh Chametz? Many varieties of play dough are made of actual Chametz.[47] The company brand Play-Doh, which is the main manufacturer of the item, makes the compound from flour, water, and food coloring.[48] It must be destroyed before Pesach or sold to a gentile.[49] If one did not do so, then he is to destroy it on Pesach as soon as he remembers, if he did not sell his Chametz to a gentile.[50] Nevertheless, a blessing is not recited upon destroying it.[51] If one sold his Chametz, then the play dough is to be placed in the area sold to the gentile.

D. Whole grain – Does wet whole grain become Chametz?[52]

Not only can dough [which is flour, ground kernels, with water] become Chametz, but even whole grains that come into contact with water can become Chametz. Nonetheless, the criteria required for grain to leaven are different than that of dough and flour. If a grain has begun to sprout, it is considered complete Chametz.[53] If a grain has contacted water and split as a result of the water, then this is a sign that it will certainly immediately become Chametz, and it is Biblically forbidden to eat under the penalty of Kareis.[54] If however the grain has not split, then even if it remained 18/24 minutes with the water, it is only questionable as to whether it has become Chametz, and is thus Biblically prohibited to be eaten due to doubt.[55] If however the grain has softened to the point that it is fit to have split, then it is disputed as to whether it is certainly Biblical Chametz, or only questionably Biblical Chametz.[56] If, however, the grain did not remain 18/24 minutes with the water, it does not leaven and is not considered Chametz.[57] Various laws are recorded in the Poskim[58] regarding what to do if one discovered a grain in his food on Pesach. It is due to this ability for grains to become Chametz that the custom is to guard the Matzahs from the time of the harvest; in order to supervise that the grains do not come into contact with water and become Chametz. This Matzah is known as Matzah Shemura, as it has been guarded from water from the time of harvest.[59] 

E. Matzah Ashira-Matzah kneaded with liquids defined as fruit juice [i.e. Egg Matzah]:[60]

Any dough which is kneaded with a liquid that is defined as fruit juice, is considered Matzah Ashira. As explained above, dough that is mixed with 100% fruit juice cannot become Chametz, while dough that is mixed with water and fruit juice, even if it is only a minute amount of water or fruit juice[61], can become Chametz instantly, in even less than 18:24 minutes, and even while being worked on after the kneading. Thus, foods which are made of five grain flours and 100% fruit juice are not Chametz and, from the letter of the law, may be eaten on Pesach. Furthermore, even foods that are made of five grain flour and a mixture of fruit juice and water is not Chametz, if it was baked immediately, and did not wait at all prior to baking. Nevertheless, it is forbidden to initially bake Matzah with a mixture of fruit juice and water, lest one not be careful to bake it immediately.[62] Furthermore, the custom of Ashkenazi Jewry is to be stringent and not to make or eat Matzah Ashira of even 100% fruit juice throughout Pesach.[63] This applies even if the Matzah was baked immediately after the kneading.[64] One may not swerve from this custom.[65] [Thus, Ashkenazim may not eat egg Matzah, or any Pesach product that states “Matzah Ashira” on it, and therefore, foods with the blessing of Mezonos are not available for Ashkenazim over Pesach unless it is made from cooked Matzah that has lost its blessing of Hamotzi, such as Knedilach for those who eat Gebrochts. Such foods, however, may be eaten by Sephardim, under a reliable Hashgacha, as they never accepted the custom to avoid Matzah Ashira which is made from 100% fruit juice.[66] However, there do exist Sephardic communities who are stringent just like the Ashkenazim.[67]]

Old or sick person:[68] An old, or sick, person [who cannot eat other Matzah or foods], may be lenient to eat Matzah Ashira during Pesach. [This refers to Matzah kneaded with 100% fruit juice. It is however forbidden for even a sick or old person to eat Matzah that was kneaded with a mixture of fruit juice and water.[69]]

Owning Matzah Ashira over Pesach:[70] It is permitted even for Ashkenazim to own Matzah Ashira products during Pesach, as the above adherence is only with regards to eating it, and not regarding owning.

Using Matzah Ashira for the night of the Seder:[71] [According to all opinions] one does not fulfill the obligation of eating Matzah with eating Matzah Ashira.[72] This applies whether during the [seder of the] first night [on the 15th] or the [seder of the] second night in the Diaspora [on the 16th]. Further details of this subject will be explained in Chapter 8 Halacha 5!]

Summary: It is forbidden for Ashkenazim to eat Matzah Ashira throughout Pesach. It is thus forbidden for Ashkenazim to eat egg Matzah or any other Matzah which contains any liquid other than water. However, an old or sick person who cannot eat other Matzah or foods, may be lenient. It is permitted even for Ashkenazim to own Matzah Ashira products during Pesach, as the above adherence is only with regards to eating it, and not regarding owning. Q&A At what time must Ashkenazim stop eating Matzah Ashira [egg Matzah]?[73] It is forbidden to eat Matzah Ashira starting from the time that it is forbidden to eat Chametz, which is from the 5th hour of the day on Erev Pesach.   May one eat egg Matzah or other forms of Matzah Ashira? It is forbidden for Ashkenazim to eat egg Matzah, or any other Matzah which contains any liquid other than water. However, an old or sick person who cannot eat other Matzah, or foods, may be lenient.   May one eat “Papushato” cookies? Based on the above, it is forbidden for an Ashkenazi to eat the “Papushato” company Mezonos cookies which is made using fruit juice. The same would apply for any Mezonos cookies that is made using fruit juice, that it is forbidden for Ashkenazim to eat it. Furthermore, many leading Sephardic Rabbis[74] forbid the eating of such cookies for any person, as they claim it is not possible to supervise in such companies that not even one drop of water mix within the fruit juice that is used. Furthermore, it was discovered that in such cookies there is water placed in the wine, and other chemicals and spices, and hence they rule that the above cookies are absolute Chametz, and may not be eaten even after Chametz if they were not included in the Mechiras Chametz.

F. Chametz Nuksha:[75] 

The definition:[76] Chametz Nuksha is dough that is not fit for eating, unless in a pressing situation. An example of such dough, is dough which has begun the leavening process, but has not reached its completion. Such dough, even when baked, will not be fit for eating, unless in a pressing situation[77], as it is very sour due to its incomplete rising. Similarly, dough which is made by book binders for the sake of attaching papers together, is not fit to eat when baked [unless in a pressing situation], as it is made from the flour-dust of the mills. The same applies to all similar cases [that the dough is not really edible when baked, due to its rising, or flour consistency]. All these examples of dough are called Chametz Nuksha.

The law:[78] Chametz Nuksha is Biblically permitted to be eaten on Pesach, as it is not considered Chametz at all.[79] However, it is Rabbinically forbidden to be eaten or benefited from. The Sages also required one to destroy it before Pesach, [and it is thus forbidden to be owned just like actual Chametz].[80]

G. Spoiled Chametz:[81]

To point not edible to humans:[82] Chametz that was fit for eating from the time of its leavening [and baking], such as Chametz bread or yeast, and Chametz wheat kernels [and the like of Biblical Chametz], remains Biblically forbidden, even if the Chametz has spoiled and rotted to the point that it is no longer fit for human consumption, so long as it still remains edible for dogs, as explained next.[83] Such spoiled Chametz is Biblically obligated to be destroyed before Pesach.

To point not edible even to dogs-before 6th hour Erev Pesach:[84] If the Chametz became inedible for even dogs prior to the 6th hour on Erev Pesach, then one is not obligated to destroy it, and it is permitted for one to own on Pesach.[85] One may likewise benefit from it on Pesach.[86] Thus, if prior to the 6th hour of Erev Pesach one burnt the Chametz until the point it is inedible even for dogs, he may now own it and benefit from it over Pesach.[87] It is, however, Rabbinically forbidden to be intentionally eaten.[88]

To point not edible even to dogs-after 6th hour Erev Pesach:[89] If the Chametz became inedible even for dogs only after the 6th hour on Erev Pesach, then one is Biblically obligated to destroy it completely from the world.[90] This applies whether the Chametz was created before the 6th hour on Erev Pesach, and whether it was created after the 6th hour on Erev Pesach.[91] Furthermore, Chametz that is burnt after the 6th hour of Erev Pesach, remains forbidden in benefit even after it is destroyed and has turned into ash.[92]

Summary: Chametz, such as bread or Chametz wheat kernels, which was once fit to eat and thus was Biblically forbidden, remains Biblically forbidden, even if it has spoiled to the point that it is no longer fit for human consumption, as long as it still remains edible for dogs. If the Chametz became inedible even for dogs, before the 6th hour on Erev Pesach, including if it was burnt until this point, then it is permitted for one to own and benefit from it on Pesach, although it is nevertheless Rabbinically forbidden to be eaten intentionally. Q&A Does placing bleach or other spoiling agent onto Chametz render it spoiled to the point it is inedible even for a dog?[93] Yes. It thus helps remove the Chametz prohibition up until the 6th hour of the day on Erev Pesach. However, from the 6th hour and onwards, the Chametz must be actually destroyed and pouring bleach on it no longer helps.

H. Taaruvos Chametz-Food products that contain Chametz ingredients:

One of the major topics in the laws of Pesach that appear in the Shulchan Aruch [chapters 442 and 447], is the law of a mixture that had a Chametz ingredient fall inside. Foods which contain Chametz ingredients in them are in some cases Biblically forbidden to be eaten and owned, in some cases are only Rabbinically forbidden to be eaten and owned, and in some are completely permitted to be eaten and owned. This matter is dependent on the amount of Chametz found in the mixture, the reason it was placed into the mixture, and whether this occurred before or during Pesach. It is beyond the scope of this book to enter into the complexity of these laws, and if in truth a question does arise, one must forward it to a practicing Rav who is competent in this area of Jewish law. Nonetheless, the general rules of this law will be discussed here. The full details of this law can be found in our corresponding Sefer “A Semicha aid for learning the laws of Pesach.”

The following is a general summary of this matter regarding eating the food: Any edible mixture which contains Chametz taste, is Biblically forbidden to be eaten.[94] Thus, if Chametz was placed, or fell, into a mixture, it is Biblically forbidden to eat any amount of it if the Chametz was not nullified in 60x[95], even if the Chametz was immediately removed.[96] Nonetheless, the penalty of Kareis/Malkus only applies in specific scenarios, as explained in the footnote.[97] If the Chametz ingredient caused “Kiyuha” [i.e. sour, or taste of fermented yeast[98]] of the food mixture, then it remains Biblically forbidden to be eaten starting from the night of Pesach, even if it does not contain the taste of Chametz[99], and at times carries the penalty of lashes.[100] If the Chametz ingredient has become nullified in 60x, and there is thus no taste, and no Kiyuha, within the food, then it is Biblically permitted to be eaten on Pesach. However, Rabbinically, it remains forbidden to be eaten in any of the following scenarios: 1) The Chametz ingredient was placed into the food as part of the recipe [as opposed to falling in].[101] 2) The Chametz ingredient has not dissolved in the food, and a crumb still remains within it.[102] 3) The Chametz was used as a catalyst.[103] 4) The food was not made under Pesach supervision.[104] 5) The Chametz is a Davar Shbiminyan.[105] 5) The Chametz fell into the food during Pesach, from the night of the 15th and onwards.[106]

The following is a general summary of this matter regarding owning the food:[107] Any edible mixture which contains a Kezayis of actual Chametz, and its taste is felt in the dish [i.e. not nullified in 60x], is Biblically forbidden to be owned on Pesach. This applies even if the food does not a Kezayis of Chametz per every Peras [i.e. there is less than 17% of Chametz in the mixture], but simply one Kezayis in the entire mixture, of which its taste is felt in the dish.[108] Furthermore, even if it does not contain any taste of Chametz[109], if it contains the Kiyuha [i.e. sour, or taste of fermented yeast] of Chametz, then if it contains a Kezayis of Chametz within Peras [17% Chametz], it is Biblically forbidden to be owned.[110] If the mixture contains less than a Kezayis of Chametz in total, then although it remains Biblically forbidden to eat if the Chametz taste is felt in the mixture, nevertheless, it is Biblically permitted to be owned on Pesach.[111] However, it is Rabbinically forbidden to be owned if the Chametz taste can be felt in the dish [i.e. not nullified in 60x].[112] Likewise, although there is no Biblical prohibition against owning a mixture that does not contain any actual Chametz, even if it contains Chametz taste [i.e. one removed all the Chametz that fell in][113], nevertheless, it is Rabbinically forbidden to be owned.[114] Furthermore, even if the mixture does not contain any Chametz taste or Kiyuha [i.e. was nullified in 60x], it is Rabbinically forbidden to be owned in the following cases: 1) The Chametz ingredient was placed into the food as part of the recipe [as opposed to falling in].[115] 2) The Chametz ingredient has not dissolved in the food, and a crumb still remains within it.[116] 3) The Chametz was used as a catalyst.[117] If, however, the food never had any actual Chametz placed inside, and received the taste of Chametz due to being cooked inside of a Ben Yomo Chametz pot, then although the food may not be eaten on Pesach[118], nevertheless, it is permitted to be owned.[119]

Chametz fell in on Pesach:[120] From the night of the 15th of Pesach until the last day of Pesach, the laws of nullification are Rabbinically suspended, and hence any food that had Chametz fall into it and cannot be removed or transferred taste, is Rabbinically forbidden to be eaten or benefited from irrelevant of ratio. This applies to any type of mixture, whether Yaveish Beyaveish or Lach Bilach.[121] It is likewise forbidden to own the food, and in certain cases, it must be destroyed.[122] On Pesach itself, we are stringent to suspect for those opinions who rule that a Keli Sheiyni and even a Keli Shelishi or Revi’i have ability to transfer taste.[123] Furthermore, some are stringent to suspect that even cold foods transfer taste.[124] See Chapter 6 Halacha 3A for the full details of this subject!

Benefiting from the food:[125] All Chametz mixtures which are permitted to be owned, as explained above. are likewise permitted to be benefited from [i.e. sold, etc].

Summary of Taaruvos Chametz 1. Eating Taaruvos of Chametz A. Receives Kareis and lashes: One only receives the penalty of Kareis for eating Chametz if all the following conditions are fulfilled: 1. One eats a Kezayis of [the mixture]. 2. One eats the Kezayis within the amount of time it takes to eat a Pras of bread [between 4-11 minutes]. 3. The Chametz gives taste to the mixture. 4. There is a Kezayis of Chametz within the mixture, within the amount of time it takes to eat a Pras of the mixture.   B. Receives lashes but not Kareis: The only case in which one receives the penalty of lashes but not Kareis is if all the following conditions are fulfilled: 1. One eats a Kezayis of [the mixture]. 2. One eats the Kezayis within the amount of time it takes to eat a Pras of bread [between 4-11 minutes]. 3. The mixture does not contain Chametz taste but the Chametz gives Kiyuha [i.e. sour, or taste of fermented yeast] to the mixture. 4. There is a Kezayis of Chametz within the mixture, within the amount of time it takes to eat a Pras of the mixture.   C. Neither lashes nor Kares, but Biblically forbidden to eat: In the following case, it is Biblically forbidden to eat the mixture, although it does not carry a penalty of lashes/Kares: The mixture contains Chametz taste or Kiyuha of Chametz but one did not eat a Kezayis of the Chametz within Achilas Peras. In a case that it contains a Kezayis within Peras [17% Chametz] then this means that one did not eat a Kezayis of the mixture within Kdei Achilas Peras. Under dispute: If one cooked non-Chametz before Pesach in a Ben Yomo Chametz pot and there isn’t 60x. D. Rabbinically forbidden to eat:  In the following cases, it is Rabbinically forbidden to eat the mixture: 1. There is no taste or Kiyuha of Chametz, but it is purposely placed in, and is a normal ingredient. 2. There is no taste or Kiyuha of Chametz, and it is not a normal ingredient, but is Beiyun [not disintegrated]. 3. The Chametz catalyzed the food, such as in alcohol or cheese. 4. The food was not made under Pesach supervision. 5. The Chametz fell into the food during Pesach, from the night of the 15th and onwards. E. No prohibition to eat: It is only permitted to eat the mixture if the following conditions are fulfilled: 1. The Chametz that is in the mixture does not give taste or Kiyuha, and was not used as a catalyst. 2. There is no Chametz left intact within the mixture. 3. The Chametz was not placed in as a normal ingredient, or with intention to eat on Pesach. 2. Owning Taaruvos Chametz: A. Biblical forbidden to own: In the following cases, it is Biblically forbidden to own the mixture and one receives the penalty of lashes if it was bought on Pesach: 1. The mixture contains a Kezayis of Chametz which gives taste, even if it does not contain a Kezayis of Chametz within Achilas Peras. 2. The mixture contains a Kezayis of Chametz within Achilas Peras which does not give taste, but gives sourness. C. Rabbinically forbidden to own: In the following cases, it is Rabbinically forbidden to own the mixture: 1. There is less than a Kezayis of Chametz within the mixture. 2. There is no actual Chametz in the mixture, but simply taste. 3. There is a Kezayis of Chametz within the mixture, but not within Pras, and it does not give taste but gives sourness. 4. The Chametz was intentionally added to the mixture as a normal ingredient. 5. The less than Kezayis of Chametz in the mixture remained intact and has not dissolved. 6. The Chametz was used as a catalyst. Practical Q&A on Taaruvos Chametz Must all food products eaten on Pesach have a Hashgacha for Pesach? In today’s modern food production industry, there are thousands of ingredients and trace ingredients added to the most basic and simple food products, and many of these ingredients derive from Chametz or Kitniyos. Their names, even when listed, are misleading and the Chametz or Kitniyos may be an inconspicuously hiding in the seemingly innocent food ingredients. Now, as explained above, an intentional Chametz ingredient is not nullified even in 1000x. Hence, in order for a processed food to be Kosher for Pesach, it does not suffice to simply read the ingredients, and asses that it does not contain Chametz and rather it must have a Kosher for Pesach label. The Hashgacha organization is charged with the task of performing a wide investigation into all the ingredients used by the company to make the food, and see which derive from Chametz or Kitniyos. List of products and trace ingredients that may be contain or be produced from Chametz, as given by the AAFA organization: Artificial flavoring, natural flavoring; Caramel color, Dextrin; Food starch, gelatinized starch modified starch, modified food starch vegetable starch; Glucose syrup; Hydrolyzed vegetable protein (HVP) Malt dextrin Monosodium glutamate, MSG; Soy sauce, shoyu, tamari, teriyaki sauce; Surimi; Vegetable gum Q&A on Taaruvos Chametz that occurred on Pesach Is ownerless Chametz or Chametz of a gentile nullified on Pesach?[126] Some Poskim[127] rule that ownerless Chametz or Chametz of a gentile is nullified in 60x even on Pesach, if the mixture occurred in the gentile’s food.[128] However, if the mixture occurred with the Jews food, then it is not nullified. Other Poskim[129], however, rule that even the Chametz of a gentile, and ownerless Chametz, is not nullified on Pesach, just as is the rule with all Chametz. Other Poskim[130] differentiate between Chametz of a gentile, which is not nullified, and ownerless Chametz, which is nullified.

I. Taaruvos Chametz by non-food products:

All non-food products that contain Chametz ingredients which have disintegrated into the product, are permitted to be owned and benefited from over Pesach. See Chapter 6 Halacha 4 for the full details of this subject!

J. Actual Chametz that has lost its texture; Chametz used for laundering starch/glue:[131]

Was placed on item prior to thirty days before Pesach: Actual Chametz, such as wheat starch or wheat milk [as opposed to merely Taaruvos Chametz], that was placed on laundered clothing thirty days before Pesach, does not need to be scraped off the clothing and destroyed before Pesach even if the Chametz is visible.[132] The same applies towards papers that were glued using dough, and the actual Chametz is visible to the outside, it is nevertheless not required to scrape it off and destroy it. [Nevertheless, it is forbidden to intentionally eat such Chametz.[133] If such Chametz fell into one’s food, it is implied that it requires 60x and majority does not suffice.[134]]

Was placed on item within thirty days before Pesach: If the Chametz starch was used for laundering the clothing or attaching the papers within thirty days before Pesach, then if the actual Chametz is visible and the entire clothing or a single paper all together contains a Kezayis of [visible[135]] Chametz[136], some Poskim[137] rule that one is required to scrape away all the visible Chametz. Practically, one is to suspect for their opinion. If, however, there is no visible Chametz, or it is not the amount of a Kezayis, then according to all opinions there is no obligation to scrape away the Chametz.

Wearing/Placing on table of food:[138] In the event that one starched his clothing or tablecloth with Chametz starch, it is forbidden to place it on the table or wear while one is eating, during Pesach.[139] [Seemingly, this applies even if one starched the clothing prior to thirty days before Pesach.[140]] Likewise, one may not wrap any Pesach foods in this garment, even before Pesach. One may however wear the clothing during Pesach during non-eating times. [If the Chametz starch has been spoiled to the point it is not edible to a dog, then one may use this starch for his clothing, and may wear such clothing on Pesach.[141] Likewise, if it was mixed with other ingredients which render it inedible, it may be used.[142]]

K. Kitniyos:

Kitniyos, which includes various forms of legumes and seeds, is not Chametz. However, Ashkenazi Jewry forbids eating these products on Pesach. See Chapter 6 Halacha 7 for the full details of this subject!

L. Gebrochts:

Matzah that is dipped in water is not considered Chametz, even if it remains in the water for more than 18 minutes. However, Chassidic Jewry and other men of piety are careful to avoid eating any Matzah that contacted water. See Chapter 7 Halacha 3 for the full details of this subject!

 

2. The Chametz related commands and prohibitions:

There are six Torah commands [counted as part of the 613 Mitzvos] which involve the Chametz prohibition. Five negative commands, and one positive command.[143] The following are the details of the Chametz related commands and prohibitions:

1. Prohibition of eating Chametz:

It is Biblically forbidden to eat Chametz beginning from midday of Erev Pesach. This prohibition is listed as three negative commands; 1) Not to eat Chametz on Erev Pesach after midday; 2) Not to eat Chametz during the seven days of Pesach; 3) Not to eat Chametz mixtures [i.e. Taaruvos Chametz] during the seven days of Pesach.[144] One who eats Chametz on Erev Pesach, past midday, receives Biblical Malkus.[145] However, the Kareis penalty for eating Chametz only begins at night.[146] This law is elaborated on in Halacha 3 and within the section of Kosher for Pesach foods and products, in chapter 6.

2. Prohibition against benefiting from Chametz:

It is Biblically forbidden to benefit from Chametz beginning from midday of Erev Pesach. This prohibition is included in the eating prohibition and does not contain an independent command. This law is elaborated on Halacha 4 and within the section of Kosher for Pesach foods and products, in chapter 6.

3. Tashbisu-The positive command to destroy Chametz:

There is a positive command for one to destroy his Chametz starting from midday of Erev Pesach.[147] One who owns Chametz past this time transgresses this positive command, although is not liable for lashes. This law is elaborated on in Halacha 3 and within the section of Biur Chametz in Chapter 4 Halacha 17.

שמות יב:טו

שִבְעַת יָמִים מַצּוֹת תֹּאכֵלוּ אַךְ בַּיּוֹם הָרִאשׁוֹן תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם כִּי כָּל אֹכֵל חָמֵץ וְנִכְרְתָה הַנֶּפֶשׁ הַהִוא מִיִּשְׂרָאֵל מִיּוֹם הָרִאשֹׁן עַד יוֹם הַשְּׁבִעִי.

4. Baal Yiraeh and Baal Yimatzei-The negative command against owning Chametz:

There are two negative commands against owning Chametz throughout the seven days of Pesach, starting from the night of the 15th.[148] One who owns Chametz past this time transgresses both of these negative commands, although he is not liable for lashes unless he purchases, or creates, the Chametz past this time.[149] This law is elaborated on in Halacha 3 and within the section of cleaning for Chametz in chapter 3.

שמות יב:יט

שִׁבְעַת יָמִים שְׂאֹר לֹא יִמָּצֵא בְּבָתֵּיכֶם כִּי כָּל אֹכֵל מַחְמֶצֶת וְנִכְרְתָה הַנֶּפֶשׁ הַהִוא מֵעֲדַת יִשְׂרָאֵל בַּגֵּר וּבְאֶזְרַח הָאָרֶץ.

שמות יג:ז

מַצּוֹת יֵאָכֵל אֵת שִׁבְעַת הַיָּמִים וְלֹא יֵרָאֶה לְךָ חָמֵץ וְלֹא יֵרָאֶה לְךָ שְׂאֹר בְּכָל גְּבֻלֶךָ

5. Bedikas Chametz:

There is a Rabbinical obligation which requires one to search for Chametz in all his properties and then destroy it. Biblically, it suffices for one to merely disown the Chametz prior to midday of Erev Pesach. This law is elaborated on in Halacha 7 and in the section of cleaning one’s house for Pesach in chapter 3 and the section of Bedikas Chametz in chapter 4.

3. The prohibition against eating Chametz:

A. The general prohibition:

It is Biblically forbidden to eat any amount of Chametz[150] [even if the Chametz is ownerless or is owned by a gentile] and one who does so, under certain conditions, is liable for the penalty of lashes and Kareis.[151]

Taaruvos Chametz-Chametz mixtures: Mixtures of food that contain Chametz, at times contain a Biblical eating prohibition, at times a Rabbinical eating prohibition, and at times is permitted to be eaten, as explained in Halacha 1H!

Spoiled, inedible, Chametz: Chametz that became inedible even for dogs, before the 6th hour on Erev Pesach, is Rabbinically forbidden to be intentionally eaten, as explained in Halacha 1G!

Eating Matzah Ashira; Chametz Nuksha; etc: See Halacha 1E-G!

Irregular form of eating:[152] Biblically, it is only forbidden to benefit from Chametz in the regular fashion of benefit. However, Rabbinically, even irregular benefit of Chametz is forbidden. Nonetheless, if one needs to eat Chametz for medicinal purposes, the Sages permitted irregular eating to be done if one does not own the Chametz, such as he borrows it from a gentile. This applies even if the illness does not involve danger. [Accordingly, from the letter of the law, it is permitted to swallow medicine capsules on Pesach even if they contain a Chametz ingredient, as explained in Chapter 6 Halacha 5.]

Eating Chametz for medical reasons or if one has nothing else to eat such as a child:[153] It is permitted [and an obligation] to eat Chametz for the sake of saving a life. Accordingly, one who is dangerously ill may eat Chametz if that is the only option available. Likewise, a child may eat Chametz for medical reasons. This matter will be discussed in chapter 6 Halacha 6-See there!

B. Sof Zman Achilas Chametz-When does it become prohibited to eat Chametz?

The Biblical Sof Zman:[154] It is Biblically forbidden to eat Chametz[155] starting from midday [the start of the 7th hour of the day] of the 14th and onwards, throughout the seven days of Pesach, and one who does so transgresses a negative command.[156]

The Rabbinical Sof Zman:[157] The Sages added two more Zmaniyos[158] hours towards this prohibition, and it is thus Rabbinically forbidden to eat Chametz from the beginning of the 5th hour of the day, which is the end of the 4th hour of the day.[159]  [Practically, this is equivalent to the time of Sof Zman Tefilah for Shacharis.]

How to calculate the end time-Zman Baal Hatanya/Gr”a versus Magen Avraham:[160] The morning begins starting from sunrise, and hence at the end of four Zmaniyos hours from sunrise is Sof Zman Achilas Chametz, the end time for eating Chametz. [Practically, this is equivalent to the time of Sof Zman Tefilah for Shacharis, according to the time of the Baal Hatanya and Gr”a. However, some Poskim[161] rule that the hours are calculated starting from Also Hashachar, and hence follow the Sof Zman Achilas Chametz in accordance to the Sof Zman Tefilah for Shacharis, according to the time of the Magen Avraham. Practically, some communities [particularly Sephardim] are initially stringent to stop eating Chametz by the earlier timeframe [i.e. Zman Magen Avraham].[162] Many communities, however, are accustomed even initially to eat Chametz until the later time frame [i.e. Zman Baal Hatanya/Gr”a].[163] The Chabad custom follows this opinion, as is the quoted ruling of Admur/Baal Hatanya, as brought above.[164] Nonetheless, the Chabad custom, as was followed by the Chabad Rabbeim, was to stop eating Chametz 45 minutes before the start of the 5th hour.[165] Thus, in conclusion, even according to the Chabad custom to follow the later timeframe [i.e. Zman Baal Hatanya], in actuality one should arrange to finish his breakfast and stop eating Chametz close to, and at times even earlier, than the early time frame [i.e. Zman Magen Avraham] in order to abstain from Chametz 45 minutes before the end time. Nonetheless, if for whatever reason one did not manage to eat, or finish eating, Chametz by the end time of the Baal Hatanya, then one may even initially eat until this point.[166]]

What is forbidden to eat? Starting from this time, it is forbidden to eat even Rabbinically forbidden forms of Chametz [i.e. Chametz Nuksha; Rabbinical Taaruvos Chametz].[167] It is forbidden for Ashkenazim to eat even Matzah Ashira.[168]

Summary: · It is Biblically forbidden to eat Chametz starting from midday of Erev Pesach. However, it is Rabbinically forbidden to eat Chametz starting from the beginning of the 5th hour from sunrise. Practically, this is equivalent to the time of Sof Zman Tefilah for Shacharis.] · Some communities [particularly Sephardim] are initially stringent to stop eating Chametz by the Sof Zman Tefila of the Magen Avraham.  Many communities, however, are accustomed even initially to eat Chametz until the Sof Zman Tefila of the Baal Hatanya/Gr”a. · The Chabad custom is to try to arrange to finish breakfast and stop eating Chametz approximately 45 minutes before the Sof Zman Tefila of the Baal Hatanya. Nonetheless, if for whatever reason one did not manage to eat, or finish eating, Chametz by the end time of the Baal Hatanya, then one may even initially eat until this point.

4. The prohibition against benefiting from Chametz:

A. The general prohibition:

It is Biblically forbidden to benefit from [any amount of] Chametz during Pesach.[169] This applies even if the Chametz does not belong to him [such as if it is ownerless] or is owned by a gentile.[170]

Irregular benefit:[171] Biblically, it is only forbidden to benefit from Chametz in the regular fashion of benefit. However, Rabbinically, even irregular benefit of Chametz is forbidden. Nonetheless, if one needs to benefit from the Chametz for medicinal purposes, the Sages permitted irregular benefit to be done if one does not own the Chametz, such as he borrows it from a gentile. This applies even if the illness does not involve danger.

Benefiting from burnt or inedible Chametz: All Chametz which has reached the state of being inedible even to a dog prior to the 6th hour on Erev Pesach, is allowed to be benefited from on Pesach.[172] However, Chametz which was burnt after the 6th hour on Erev Pesach, is prohibited in benefit, and thus its heat, flame, and charcoal/ash cannot be benefited from until after Pesach.[173]

Benefiting from Taaruvos Chametz in food products: See Halacha 1H regarding the eating and owning prohibition relevant to edible mixtures that contain Chametz. The general rule is as follows: All Chametz mixtures which are permitted to be owned are likewise permitted in benefit.[174]

Benefiting from Taaruvos Chametz in non-food products: All non-food products that contain Chametz ingredients which have disintegrated into the product, are permitted to be owned and benefited from over Pesach. See Chapter 6 Halacha 4 for the full details of this subject!

Benefiting from Matzah Ashira; Chametz Nuksha; etc: See Halacha 1E-F!

B. When does Chametz become prohibited in benefit?

The Biblical Sof Zman:[175] It is Biblically forbidden to benefit from Chametz starting from midday [the start of the 7th hour of the day] of the 14th and onwards, throughout the seven days of Pesach.[176]

The Rabbinical Sof Zman:[177] The Sages added one more hour towards this prohibition[178], and thus it is forbidden to benefit from Chametz starting from the start of the 6th hour from the morning and onwards.[179] However, it is permitted to receive pleasure from all forms of Chametz until the beginning of the 6th hour of the day, even though it is prohibited to be eaten starting from the 5th hour.[180] Thus, one may sell Chametz to a gentile throughout the 5th hour of the day even if the gentile will not be able to consume the entire amount prior to the beginning of Pesach.[181] Likewise, one may feed the Chametz to animals and birds throughout the 5th hour, so long as one supervises that all the Chametz is eaten.[182]

How to calculate the end time-Zman Baal Hatanya/Gr”a versus Magen Avraham:[183] The morning begins starting from sunrise, and hence at the end of five Zmaniyos hours from sunrise is Sof Zman Biur Chametz, the end time for benefiting from Chametz. [Practically, this is equivalent to a single Zmanyios hour after the time of Sof Zman Tefilah for Shacharis, according to the time of the Baal Hatanya and Gr”a. However, some Poskim[184] rule that the hours are calculated starting from Also Hashachar, and hence follow the Sof Zman Biur Chametz a single Zmaniyos hour after the Sof Zman Tefilah for Shacharis, according to the time of the Magen Avraham. Practically, much of Jewry is initially stringent to stop benefiting from the Chametz by the earlier timeframe [i.e. Zman Magen Avraham].[185] Some communities, however, are accustomed even initially to permit benefiting from the Chametz until the later time frame [i.e. Zman Baal Hatanya/Gr”a].[186] The Chabad custom follows this opinion, as is the quoted ruling of Admur/Baal Hatanya, as brought above.[187] Nonetheless, the Chabad custom, as was followed by the Chabad Rabbeim, was to stop eating Chametz 45 minutes before the start of the 5th hour.[188] Seemingly, the same would apply not to benefit from Chametz starting 45 minutes before the start of the 6th hour. Regarding Mechiras Chametz, Rav Avraham Chaim Naa’h stated that initially, it is certainly required to sell the Chametz before the end time of the Magen Avraham, although Bedieved, the sale is valid until the end time of the Baal Hatanya.[189]]

What Chametz is forbidden in benefit? Starting from the above time, it is forbidden to benefit from Chametz even if it does not belong to him.[190] [Starting from this time, it is forbidden to benefit from even Rabbinically forbidden forms of Chametz, such as Chametz Nuksha or Rabbinical Taaruvos Chametz.[191]]

Summary: Starting from the 6th hour on Erev Pesach, it is forbidden to receive benefit from any Chametz.

 

C. What actions are forbidden due to benefit starting from the 6th hour?[192]

Selling/giving to gentile:[193] Beginning from the start of the 6th hour of the day of the 14th, it is forbidden to sell Chametz to a gentile[194] or give it to him as a present.[195]

Disowning:[196] It is forbidden to disown the Chametz after the 6th hour on Erev Pesach [by declaring it hefker and placing it in a public area, and rather one must destroy any Chametz that he still has not removed from his home].

Feeding animals: It is forbidden to feed Chametz to even a wild, disowned, animal.[197] It goes without saying that is forbidden to feed Chametz to animals that he owns, or animals owned by another Jew or gentile.[198] Furthermore, it is forbidden to give one’s animal to a gentile caretaker during Pesach, if one knows for certain that the caretaker will feed Chametz to the animal.[199]

Smelling baking Chametz:[200] From the 6th hour and onwards, it is forbidden to smell [for pleasure] the Chametz of a gentile that is baking. [Thus, one may not smell the Chametz of a gentile bakery. See Q&A!]

Cooking water in a Chametz pot for non-drinking purposes:[201] It is permitted on Pesach to occasionally cook water in a Chametz pot for the sake of using the water for laundry, or bathing, and the like of non-drinking purposes. This however may not be done on a steady basis, unless the pot is not designated to be used for cooking food. If the pot is used for food, it is to be hidden away with all the other Chametz vessels and only used on occasion.

Doing business with Chametz on Pesach: See Halacha 11!

Feeding a gentile employee Chametz on Pesach: See Halacha 12!

Kiddushin:[202] If one gave a woman Chametz for purposes of Kiddushin, then if the Chametz was Biblcially forbidden in ownership, the Kiddushin is invalid. If, however, it is only Rabbinically forbidden in ownership, either due to it being within the 6th hour prior to midday, or due to it being Rabbinical Chametz, then this matter is debated amongst the Poskim and she is considered Safek Mekudeshes.

Q&A May one feed ownerless Chametz to an animal?[203] No.   If one’s animals only eat Chametz foods, what should he do with them over Pesach?[204] In such a case, one is to sell the animals to a gentile before Pesach, having them included in the Mechiras Chametz contract. May one eat meat/eggs or drink milk from animals/chicken that were fed Chametz? See Chapter 6 Halacha 9!   Does one have to move away during Pesach if he lives near a gentile bakery and will inevitably smell the Chametz?[205] No. However, he may not intend to receive pleasure from the smell May one pass by a bakery even though he will inevitably smell the Chametz?[206] One may do so, so long as he has no intention to smell the Chametz. However, if there is an alternative route available, it is best for one to use it and circumvent the bakery. May one barbecue hotdogs or marshmallows over the flame used to burn the Chametz? The custom is not to do so even when burning the Chametz prior to the 6th hour on Erev Pesach.

From the Rav’s Desk-Pet Food Question: Must pet food be Kosher for Pesach?   Answer: Yes. One must be careful to purchase pet food that is rabbinically authorized or certified for Pesach use, having been cleared of any Chametz ingredients. One should not simply rely on the ingredients stated on the can or package to verify that it does not contain Chametz. If such pet food is not available in one’s area then one should look for other non-Chametz and non-processed alternatives to feed one’s pet throughout Pesach. Regarding Kitniyus: There is no issue whatsoever to feed Kitniyus products to your pet throughout Pesach, and thus seeds, legumes and beans of any kind may be fed to your various pets, and Kosher for Pesach use authorization and certification may be given to pet foods that contain such ingredients if they are free of any Chametz. The following websites lists a number of grain free pet foods: https://www.star-k.org/articles/wp-content/uploads/2021PetFoodListandFAQ.pdf https://www.kosher.org.uk/sites/default/files/2021_pet_foods.pdf https://feedbagpetsupply.com/kosher-for-passover-dog-cat-foods-2019/; http://koshernexus.org/2016/04/crc-acceptable-food-for-your-pets-on-passover/   Explanation: It is Biblically forbidden to benefit from [any amount of] Chametz during Pesach.  It is thus forbidden to feed Chametz to even a wild, disowned, animal.  It goes without saying that is forbidden to feed Chametz to animals that he owns. Furthermore, it is forbidden to give one’s animal to a gentile caretaker during Pesach, if one knows for certain that the caretaker will feed Chametz to the animal. Explanation of why one cannot rely in the ingredient list: In today’s modern food production industry, there are thousands of ingredients and trace ingredients added to the most basic and simple food products, and many of these ingredients derive from Chametz or Kitniyos. Their names, even when listed, are misleading and the Chametz or Kitniyos may be an inconspicuously hiding in the seemingly innocent food ingredients. Now, while one can argue that a trace ingredient of Chametz should not pose any problem in pet food so long as the main ingredient is not Chametz and the trace ingredient is inseparable from the main food, nonetheless practically one should not rely on this as many pet foods are actually perfectly edible for humans and are simply served in a can with a fancy label catering them to animals. Vetzaruch Iyun!   Sources: See regarding the benefiting prohibition against feeding animals Admur 431:2 and 450:18; Taz 443:3; https://www.star-k.org/articles/articles/seasonal/375/feeding-your-pet-barking-up-the-right-tree/ ; https://www.kashrut.com/Passover/pdf/crc_passover_2021_pets.pdf see regarding owning and benefiting from foods which contain Chametz that are inedible for humans: Admur 442:22   Question: Is there any issue with purchasing typical animal food that is set up to feed the birds and other animals at the petting zoo during Pesach?   Answer: Absolutely! The animal/bird feed which is given to visitors by petting zoos is often made of Chametz ingredients, and hence unless verified otherwise, it is forbidden for one to feed this food to the animals, whether one purchases the pet food or is given it for free. Thus, one may not even pick up the food from the floor and throw it into the area of the animal for him to eat. It is proper for all parents to explain this to their children prior to entering the zoo.   Explanation: It is forbidden to own Chametz on Pesach and hence most certainly one may not purchase animal food that may contain Chametz. Furthermore, even if one does not purchase it and own it, it remains forbidden to feed it to an animal on Pesach due to the benefit prohibition.   Sources: Admur 443:3

5. The prohibition against owning Chametz-“Tashbisu/Baal Yiraeh Ubaal Yimatzei”:

As explained in the previous Halacha, the Torah prohibited the owning of Chametz under three separate commands, one positive [Tashbisu] and two negative [Baal Yiraeh Ubaal Yimatzeh]. There exists a Biblical and Rabbinical owning prohibition, which are dependent on various factors. In some cases, the possession of Chametz transgresses a Biblical owning prohibition, in other cases it transgresses a Rabbinical owning prohibition, and in some cases, is even allowed. This is dependent on the following factors:

1. Who is the legal owner of the Chametz?
2. Where is the Chametz being stored?
3. Does one have liability over the Chametz?
4. What is the size of the Chametz being owned?

A. The definition of ownership-The legal owner:

The Biblical prohibition against owning Chametz only applies if one is the legal owner of the Chametz, or has liability over it as explained in C. In this Halacha we will discuss the Halachic definition of ownership from both a Biblical and Rabbinical perspective.

Possessing unknown Chametz:[207] It is Biblically forbidden to own even unknown Chametz, and hence one who does not plan to disown his Chametz before Pesach is Biblically required to search his home to get rid of the unknown Chametz.

Storing Chametz that one has nullified or disowned:[208] Biblically, one does not transgress the owning prohibition if he does not own the Chametz and does not have liability over it, even if the Chametz remains in his home. Thus, if one nullified or disowned his Chametz prior to the 6th hour on Erev Pesach [i.e. Bittul], it is Biblically permitted to have the Chametz remain in one’s home over Pesach.[209] However, if one owned Chametz past the 6th hour on Erev Pesach, one Biblically transgresses the owning prohibition, even if he disowns the Chametz, until it is destroyed.[210] The above is only from a Biblical perspective. However, Rabbinically, one transgresses the owning prohibition of Baal Yiraeh/Yimatzeh and Tashbisu if he leaves disowned or nullified Chametz in his possession, if the Chametz is clean or a Kezayis of size.[211] If, however, the disowned/nullified Chametz is less than a Kezayis in size, and is dirty, then it may remain in one’s home.[212]

Storing Chametz of a gentile: The above Rabbinical prohibition only applies against storing one’s Chametz that one disowned. However, it is permitted to leave a gentile’s Chametz in one’s home[213], if one does not have any liability over it even in a case of negligence[214], and one places it behind a Mechitza/divider of ten Tefachim [80 cm.].[215] 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 will be explained in Halacha 10.[216]

Owning Chametz of Hekdish:[217] It is permitted to own Chametz which belonging to Hekdish. One is not even required to build a Mechitzah around it.

Storing Chametz of another Jew:[218] Although one does not transgress the owning prohibition on another Jew’s Chametz, 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.[219] See Chapter 3 Halacha 14 for the full details of this subject!

Chametz of a purchased or rented property, home, hotel room: One who rents a home or property acquires all the Chametz that is left in that property, and it thus must be cleaned and checked before Pesach. See Chapter 3 Halacha 13 for the full details of this matter! If one will not be staying in that property over Pesach, see Chapter 3 Halacha 12!

A Chametz Mashkon/collateral: If a Jewish lender received Chametz as collateral from a Jew who he loaned money to, then he is Biblically considered to be the owner of the Chametz collateral, and must get rid of it before Pesach.[220] If a Jewish lender received Chametz as collateral from a gentile who he loaned money to, then the Chametz is not considered to be owned by him, unless an acquisition and stipulation was already made on the Chametz that it should belong to the Jew from before Pesach.[221] Nonetheless, even in the case that the Mashkon does not belong to the Jew, if the Jewish lender entered the Chametz into his property, and he contains some form of liability over it if it were to get lost or stolen, then he is Biblically obligated to destroy the Chametz before Pesach, as explained in C. Thus, the Chametz collateral that one has of a gentile may only be in one’s possession over Pesach if he is not the legal owner of the Chametz and does not have any liability over it, not even liability due to negligence.[222] If a gentile lender received Chametz as collateral from a Jew who he loaned money to, then the Chametz is considered owned by the Jew, and must be destroyed by him, unless an acquisition and stipulation was already made on the Chametz that it will belong to the gentile from before Pesach, and the Jew holds no liability over it.[223]

Owning stocks in companies who own/sell Chametz:[224] Some Poskim[225] rule that owning stocks in a company that owns/sells Chametz, is not considered ownership of the Chametz of the company and hence one is not required to sell his stocks before Pesach. Other Poskim[226], however, rule that owning stocks of a company makes one be considered a Halachic partner of ownership in all their assets, including their Chametz. Accordingly, one must sell all his stocks in a company who owns/sells Chametz. Practically, the custom is to include one’s stocks in the Mechiras Chametz sale that is done before Pesach.  Wives: It is best for wives to appoint their husbands to include them in the Mechiras Chametz sale, by having him add their name to the Shtar Harsha.[227] [See Chapter 5 Halacha 1 in Q&A!]   Money invested in a bank, hedge fund, investment firm:[228] One who has money in a bank, or firm, who invests their client’s money in Chametz owning companies is not considered an owner of the Chametz owned by the companies that the bank/firm have invested in.[229]

B. The definition of ownership-Possessing the Chametz in an area of ownership:[230]

It is Biblically forbidden to own Chametz on Pesach even if the Chametz will not be within one’s home over Pesach, but will be left elsewhere, in an area that one owns. Likewise, this applies even if the Chametz is hidden away in an area from which the Chametz is not visible. However, this only applies to Chametz that is within one’s property, either through ownership, rental, or borrowing. If, however, the Chametz is within an area that he does not own, and he did not borrow, such as he placed the Chametz in public property or in the house of another person without his knowledge, then Biblically it may be left there over Pesach. However, Rabbinically, he is obligated to destroy the Chametz that he owns, even though it is not within his property. See Halacha 8 for the full details on this Rabbinical prohibition.

Owning Chametz that is under a mound:[231] It is disputed amongst Poskim as to whether one Biblically transgresses owning Chametz if the Chametz is found under a three Tefach mound throughout Pesach and is hence not accessible. However, according to all, he is at least Rabbinically obligated to destroy or disown the Chametz, even though it is under a mound. If, however, the mound is so large that it is not possible even for humans to undo, then the Chametz is considered completely destroyed from the world and one is not considered to own it over Pesach. See Chapter 3 Halacha 5D for the full details of this matter!

Owning Chametz in a different city:[232] It is disputed amongst Poskim as to whether one Biblically transgresses owning Chametz if the Chametz is found in a different city throughout Pesach and is hence not accessible. However, according to all, he is at least Rabbinically obligated to destroy or disown the Chametz, even though it is not within the same city. See Chapter 3 Halacha 12 for the full details of this matter!

Q&A If one were to take his Chametz and place it in a public area without disowning it, would he transgress the Biblical owning prohibition?[233] No, as the Chametz is not in his property. If one were to disown his Chametz and place it in someone else’s home without their permission, would he still be Rabbinically obligated to destroy it? Yes.[234]

C. The definition of ownership-Having liability on Chametz that one does not own:[235]

If one does not own the Chametz but carries liability over the Chametz if anything were to happen to it, such as that if the Chametz were to be damaged or stolen one would have liability to pay for the loss [i.e. insurance company], then it is Biblically forbidden to have such Chametz remain in one’s property over Pesach, whether it is owned by a Jew or a gentile.[236] According to some opinions [and so is how we initially rule], this applies even if one only carries liability in a case of negligence, and even if one will be held liable illegally.[237] [Thus, one may not store a gentile’s Chametz in one’s home unless he explicitly arranges with him to have no liability over it, even due to negligence. If no such arrangement was explicitly made, it may not be stored in one’s home over Pesach.[238]]

Definition of one’s property: The definition of one’s property includes even property that one borrowed.[239] Accordingly, it is Biblically forbidden for the Jew to arrange to leave the insured Chametz in another gentile’s property, if that gentile is not the owner.[240] Furthermore, according to some Poskim [and so is how we initially rule], it is even forbidden to rent an area of one’s property to the gentile owner and have him store the insured Chametz there.[241] It is, however, permitted to have the insured Chametz stored in the gentile owner’s property.[242] Likewise, it is permitted for the gentile owner to arrange to have the insured Chametz placed in another person’s property over Pesach.[243]  

What to do with Chametz that one has liability over:[244] One who has liability over Chametz that is in his property must return the Chametz to the Jewish/gentile owner, or sell the Chametz to another gentile[245] [or remove his liability from it] before the 6th hour on Erev Pesach. It, however, does not even Biblically help to nullify the Chametz, even before the 6th hour.[246] If the 6th hour has already arrived, and one has not done any of the above, then two options remain: 1) Return the Chametz to the gentile owner.[247] 2) Destroy the Chametz, as stated in Halacha 6B. He, however, may no longer sell the Chametz to another gentile once the 6th hour has arrived, as explained in Halacha 3!

Liability over stored Chametz of a Jew:[248] One who has liability over Chametz of a Jew that is stored in his property Biblically transgresses the owning prohibition, as stated above. One is thus required to verify that the Jewish owner performs Mechiras Chametz before Pesach, thus removing one’s liability, as explained in Q&A below! If one could not verify this then he must sell the Chametz of behalf of the Jew, as explained and Chapter 3 Halacha 14.

 

Summary: It is forbidden for a Jew to have any form of liability [even due to negligence] over Chametz during Pesach, if the Chametz is being kept in property that is owned, rented, or borrowed, by the Jew. It is permitted for the Chametz to be stored in the property of the gentile owner, or another property that the gentile owner arranged for it to be stored in.

Practical Application-Q&A A gentile acquaintance asked me to hold his Chametz for him in my home over Pesach until he returns from a trip, may I do so? No, unless one explicitly arranges with him that he is not to be held liable for loss and damages even if he is negligent in guarding the Chametz.   If one is storing the Chametz of a gentile in his home, and he did not relinquish liability, does it help for him to perform Mechiras Chametz through a Rav to avoid the prohibition? No. The Mechira only helps to remove one’s personal ownership over Chametz, and does not remove any liability that one may have on the Chametz of someone else. Thus, one must relinquish any liability from the Chametz in order to be allowed to store it in his home, even if he performs Mechiras Chametz. However, if one explicitly includes in the Mechira that he is also selling the gentile’s Chametz that he has liability over, then seemingly the sale is valid, and his liability ceases to exist.[249] However, in such a case, he must pay the gentile back for the Chametz sold.   Do we retain liability over Chametz that remains in our home and was sold to the gentile through Mechiras Chametz?[250] Allowing the Chametz to remain in one’s home after the sale does not make it into a Pikadon, and does not make one liable for damages, even due to negligence, unless the gentile stipulated otherwise.[251] [Thus, by a normal Mechiras Chametz sale in which the sold Chametz remains in one’s home, the Jewish homeowner does not carry liability.] Nonetheless, since it appears as if the Jew has accepted to store the gentiles Chametz in his home and has thus accepted liability, therefore, the custom is to include as part of the sale transaction, the renting of the rooms in which the sold Chametz is found, as now the Chametz is no longer in our property.[252] [Some Poskim[253], however, rule that in today’s form of Mechiras Chametz, there is some form of liability that the Jew has for the Chametz that was sold to the gentile and to counteract this issue, part of the sale transaction must include renting the rooms in which the Chametz is found in the gentile, as although we remain liable, the Chametz is not in our property.[254] However, according to the stringent opinion above who forbids to leave the insured Chametz even in a room rented to the gentile, this does not help.]   May a Jewish insurance company insure Chametz over Pesach?[255] It is permitted for Jewish owned insurance company to insure Chametz products over Pesach so long as they have no involvement in where the Chametz is stored, and the Chametz being insured is stored either in an area owned by the owner, or in an area prearranged by the owner, without any interaction of the insurance company. Thus, a Jewish owned insurance company may continue to insure the Chametz of a company, or supermarket, if the Chametz is kept in the warehouses of the company/supermarket. This applies whether the owner of the Chametz is Jewish or gentile, and even if the Jewish owner does not plan to sell his Chametz before Pesach.[256]   May a Jewish storage company hold Chametz over Pesach? A Jewish owned storage company may not allow any Chametz products to remain within their storage if they provide any type of insurance to the items found in the storage. This includes even if they only have liability in a case of negligence. [Some storage companies may be defined as a Shomer Sachar, and are hence automatically Halachically held fully liable for the items found in the storage.[257]] The only option they have is to sell their company [and its insurance coverage] to a gentile over Pesach. Alternatively, they are to make a legal arrangement that they are not held legally responsible for liability of the items in the storage, even due to negligence, and all the liability is rather provided by an external insurance company, of which the clients pay on their own. [It, however, does not help to contract an external insurance company to insure the Chametz, if legally the storage owners are also able to be held liable, such as if they were negligent in guarding the Chametz.] A final option would be to stipulate in the contract that the storage company’s liability, even in case of negligence, is limited to only non-food items, and thus have Chametz items automatically excluded from any and all forms of liability.   May a Jewish shipping company ship Chametz over Pesach? This matter poses several Halachic issues, which include liability over the Chametz and doing business on Pesach with Chametz.[258] The best option they have to avoid all these issues, is to sell their company [and its insurance coverage] to a gentile over Pesach.   May a Jew deliver a Chametz package for a gentile on Pesach? If the Jew will be held liable if he is negligent and causes loss or damage to the product, it is Biblically forbidden for him to deliver it. This is aside for other prohibitions involved as explained in Halacha 11 in Q&A!   Purchasing Chametz before Pesach and leaving it in the Jewish owned store to pick up after Pesach: It is forbidden for one to purchase a Chametz product before Pesach from a Jewish owned store, and have it set aside for pick up after Pesach even if one performs Mechiras Chametz, if the Jewish storeowner retains liability over the Chametz. Thus, one should not purchase duty free alcohol in a store prior to Pesach and leave it in the store to pick up after Pesach by one’s return trip, if the store retains liability over the Chametz alcohol if damages occur. This applies even if one includes the alcohol in Mechiras Chametz. Under normal circumstances, however, the Mechiras Chametz removes liability from the owner of the property in which the Chametz is stored, as explained above. See Chapter 18 Halacha 2!

 

D. The verses from where the above is derived:

Lo yeirahe…..bigvulcha:[259] This verse teaches us that one cannot own Chametz and have it left in an area that one owns, even if the area is not in one’s house. This includes even an area which one has rented or borrowed. Thus, if the Chametz was placed in someone else’s house for him to guard and he had that area where the Chametz is staying lent to him, it is Biblically forbidden to own this Chametz over Pesach.

Lo yiraeh Licha:[260] This verse teaches us that that Chametz which is un-owned, or Chametz which is Hekdish, or Chametz that belongs to a gentile, may Biblically be left in one’s property over Pesach.

Lo Yimatzei Bivateichem: This verse teaches us that it is forbidden to own Chametz even if it is placed in an area which is out of sight. Thus, one cannot hide the Chametz in his pit.[261] The lack of the word “Lachem” by “Lo Yimatzeh” teaches us that even if a certain Chametz does not belong to a Jew, but he has liability over that Chametz, then if the Chametz is within his property [Bivateichem], he is nevertheless Biblically forbidden in having this Chametz over Pesach.[262]

Gvulcha/Bivateichem:[263] This verse teaches us that Chametz which one owns, or has liability over, is only forbidden to be left in property which one owns or has borrowed, however, if it is not in one’s property, then it may be left there over Pesach.

Does one transgress both commands of Baal Yiraeh and Baal Yimatzeh upon owning Chametz?[264] Yes. One who owns Chametz in a forbidden way always transgresses both negative commands.

E. The definition of ownership-The amount of Chametz prohibited to be owned:

Biblically-Kezayis:[265]  It is Biblically forbidden to own a piece of Chametz that is a Kezayis in size. If the piece of Chametz is less than Kezayis in size, it is Biblically permitted to be owned.[266]

Rabbinically-Less than Kezayis:[267] Although a piece of Chametz which is less than a Kezayis in size, is Biblically permitted to be owned, nevertheless, it is Rabbinically forbidden to be owned.[268] This applies even if one nullified it before Pesach.[269] This applies even to insignificant crumbs.[270] However, if the piece less Kezayis piece was nullified before Pesach and is dirty to the point that it is not fit for eating, then it does not need to be destroyed.[271] 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.[272]

Kernels of grain:[273] A Kezayis worth of Chametz kernels [and possibly even Chametz flour[274]] which are piled together, is judged as a Kezayis and is under a Biblical owning prohibition, even though the kernels [and flour] is not actually attached to each other.[275] [However, less than a Kezayis of Chametz grains is only Rabbinically forbidden to be owned.]

Taaruvos Chametz: See next!

Chametz vessels:[276] Clean Chametz vessels are permitted to be owned over Pesach even though they contain Chametz absorbed within their walls.[277]

F. The types of Chametz prohibited to be owned:

Taaruvos Chametz-food products: Mixtures of food that contain Chametz, at times contain a Biblical owning prohibition, at times a Rabbinical owning prohibition, and at times is permitted to be owned, as explained in Halacha 1H!

Taaruvos Chametz by non-food products: All non-food products that contain Chametz ingredients which have disintegrated into the product, are permitted to be owned and benefited from over Pesach. See Chapter 6 Halacha 4 for the full details of this subject!

Owning spoiled, inedible, Chametz: Chametz that became inedible even for dogs, before the 6th hour on Erev Pesach, is permitted to be owned, as explained in Halacha 1G!

Owning Matzah Ashira; Chametz Nuksha; etc: See Halacha 1E-F!

Owning Chametz vessels:[278] Clean Chametz vessels are permitted to be owned even though they contain Chametz absorbed within their walls.[279] 

 

G. When does the prohibition against owning Chametz begin to apply?

The negative command of Baal Yiraeh and Baal Yimatzeh:[280] One only begins to transgress the negative commands of Baal Yiraeh and Baal Yimatzeh from the night of the 15th of Nissan and onwards.[281] [Accordingly, the negative command against owning Chametz only begins to apply the night of Pesach, the night of the 15th. Nonetheless, the positive command of destroying Chametz, and its consequential prohibition against owning it, begins on Erev Pesach, as explained next.]

Tashbisu-Destroying the Chametz from midday and onwards on Erev Pesach?[282] Although one does not transgress a negative command when owning Chametz prior to the night of the 15th, nevertheless, [he is Biblically obligated due to a positive command, to destroy all Chametz from his home] from midday of the 14th and onwards. If he did not destroy his Chametz [at that time], then he transgresses the positive command for every moment thereon.[283] See next Halacha for further details!

The Rabbinical time of prohibition-From the 5th hour of Erev Pesach:[284] Although Biblically the prohibition to own Chametz only begin from the end of the 6th hour, nevertheless, the sages added one more hour towards the owning prohibition.[285] In the next Halacha we will explain when the Chametz is to be destroyed and hence no longer owned; before the arrival of the 6th hour, or after it begins.

How to calculate the end time-Zman Baal Hatanya/Gr”a versus Magen Avraham:[286] The morning begins starting from sunrise, and hence at the end of five Zmaniyos hours from sunrise is Sof Zman Biur Chametz, the end time for owning/destroying Chametz. [Practically, this is equivalent to a single Zmanyios hour after the time of Sof Zman Tefilah for Shacharis, according to the time of the Baal Hatanya and Gr”a. However, some Poskim[287] rule that the hours are calculated starting from Also Hashachar, and hence follow the Sof Zman Biur Chametz a single Zmaniyos hour after the Sof Zman Tefilah for Shacharis, according to the time of the Magen Avraham. Practically, much of Jewry is initially stringent to destroy the Chametz by the earlier timeframe [i.e. Zman Magen Avraham].[288] Some communities, however, are accustomed even initially to destroy the Chametz until the later time frame [i.e. Zman Baal Hatanya/Gr”a].[289] The Chabad custom follows this opinion, as is the quoted ruling of Admur/Baal Hatanya, as brought above.[290] Nonetheless, the Chabad custom, as was followed by the Chabad Rabbeim, was to stop eating Chametz 45 minutes before the start of the 5th hour.[291] Seemingly, the same would apply not to own Chametz starting 45 minutes before the start of the 6th hour. Regarding Mechiras Chametz, Rav Avraham Chaim Naa’h stated that initially, it is certainly required to sell the Chametz before the end time of the Magen Avraham, although Bedieved, the sale is valid until the end time of the Baal Hatanya.[292]]

Summary: It is Rabbinically forbidden to own Chametz beginning from the 6th hour of the day on Erev Pesach. It is Biblically forbidden to own Chametz beginning from the 7th hour of the day on Erev Pesach, due to the positive command of Tashbisu. On the night of Pesach, the Biblical negative command against owning Chametz [Baal Yiraeh and Baal Yimatzeh] begins.   Q&A If a person has traveled to a different time zone for Pesach, by when must his Chametz in his home town be destroyed?   It is disputed amongst Poskim whether one goes after the area that the Chametz is in or whether one goes after the time zone of the area that he is in. See Chapter 5 Halacha 3 for the full details of this matter!

 

H. Transgresses at every moment:

Beginning from the 7th hour of the day on Erev Pesach, one transgresses a Biblical positive command every moment of which he possesses Chametz from there on, and is not involved in destroying it.[293] So too Rabbinically, beginning from the 6th hour of the day on Erev Pesach, one transgresses a Rabbinical positive command every moment of which he possesses Chametz from there on and is not involved in destroying it.[294] Likewise, beginning from the night of Pesach and onwards, one who delays destroying his Chametz transgresses the Biblical negative commands of Baal Yiraeh and Baal Yimatzeh at every moment.[295]

I. How does one disown the Chametz:

Chametz can be disowned in many ways, such as 1) Selling it; 2) Throwing it into public property; 3) Declaring it Hefker or Batul; 4) Destroying it. Some of these methods are only Biblically valid, while others are not valid at all. The details of the validity of these methods, which one is preferred, and when and how they work, will be discussed in Halacha 6-8!

J. Owning Chametz for medical reasons:[296]

It is permitted [and an obligation] to purchase and eat Chametz on Pesach for the sake of saving a life. This matter will be discussed in chapter 6 Halacha 5-See there!

General Summary One transgresses the Biblical owning prohibition if all the following conditions are fulfilled: 1. One owns the Chametz [has not disowned or performed Hefker before the 6th hour], or has liability over it. 2. The Chametz is within one’s personal property, or property that he has borrowed or rented. 3. The Chametz is more than a Kezayis.   The Rabbinical owning prohibition applies in the following cases: 1. The Chametz is less than a Kezayis 2. If one does not own the Chametz and does not contain liability over it, it is Biblically permitted to have the Chametz remain in one’s home over Pesach, although Rabbinically, it is forbidden to have such Chametz in one’s home, unless one of the exceptions mentioned next apply.   The cases in which the owning prohibition does not apply even Rabbinically: 1. The Chametz was disowned and placed in a public for all area. [See Halacha 8] 2. The Chametz in one’s home belongs to a gentile, and one made a Mechitza in front of it. 3. The Chametz was nullified before Pesach, is less than a Kezayis and is dirty. Q&A What is one to do if he ordered Chametz before Pesach and it did not yet arrive to his home? If one performed Halachic acquisition on this Chametz, then he must sell his Chametz to a gentile before Pesach, as is normally done today through the community Rav.   If one purchased an airplane ticket for after Pesach, is it considered that he owns the Chametz food that comes with his meal? Some[297] write that at the time of the purchase one is to stipulate that he has no intent to purchase the Chametz meals.   May one rent a home or hotel room which was not cleaned for Chametz if he will arrive in middle of Pesach? See Chapter 3 Halacha 13 in Q&A!   If one picked up Chametz on Pesach, is it considered as if he acquired it?[298] One who picks up unowned Chametz on Pesach is considered to have acquired it and transgresses the Biblical prohibition of Baal Yiraeh and Baal Yimatzeh. This possibly applies even if he has no intent to acquire the Chametz, such as he is picking it up for the sake of throwing it out, nevertheless, some Poskim[299] rule that he possibly acquires it. Accordingly, one who picked up unowned [i.e. Hefker] Chametz on Pesach, must immediately burn it, or destroy it in one of the other valid methods.   What is one to do if he purchased Chametz on Pesach? One who purchased/acquired Chametz on Pesach, whether purposely or accidently, is required to immediately destroy the Chametz through one of the valid methods of destruction, as explained in Halacha 6B.

6. Biur Chametz-The Mitzvah to destroy the Chametz:

As explained in the previous Halachas, in addition to the two negative commands against owning Chametz [Baal Yiraeh Ubaal Yimatzeh], the Torah commanded one to destroy the Chametz [Tashbisu].[300] The following are the details of this command and how it is fulfilled. For further details on the subject of Biur Chametz which is performed on Erev Pesach-See Chapter 4 Halacha 17! Regarding the laws of detsorying Chametz on Pesach-see Halacha 9!

A. When to destroy the Chametz and fulfill the above Mitzvah:[301]

As explained in the previous Halacha, according to Biblical law the Chametz must be destroyed by midday, while according to Rabbinical law it must be destroyed by the start of the 6th hour. Now we will discuss whether the obligation requires that the Chametz be already destroyed by the time the 6th hour arrives, or that when the 6th hour arrives one must begin to destroy the Chametz? There is a difference in this matter between the letter of the law and custom.

The letter of the law:[302] Biblically, one is only commanded to destroy the Chametz starting from the beginning of the 7th hour of the day, and not beforehand. So too, Rabbinically, one is only commanded to destroy the Chametz starting from the beginning of the 6th hour and onwards and not beforehand.[303] Although one is obligated to destroy the Chametz as soon as the above time arrives, it is possible that the actual Mitzvah is only retroactively fulfilled at night, when the holiday of Pesach begins.[304]

The Custom:[305] The custom is to burn the Chametz at the end of the 5th hour, prior to the start of the 6th hour of the day [starting from sunrise[306]].[307] It is proper[308] to follow this custom[309], and one needs to be careful to do so.[310] Through destroying the Chametz prior to the arrival of the Tashbisu command at the 6th/7th hour of the day, one retroactively fulfills the Biblical Mitzvah of Tashbisu when the 7th hour arrives.[311] [The Chabad custom, as was followed by the Chabad Rabbeim, was to stop eating Chametz 45 minutes before the start of the 5th hour.[312] Seemingy, the same would apply not to own Chametz starting 45 minutes before the start of the 6th hour.]

Summary: The custom is to destroy the Chametz prior to the 6th hour, even though that from the letter of the law one may begin destroying it at the beginning of the 6th hour.

B. How does one fulfill the Mitzvah of Tashbisu-destroying the Chametz?

There exist various ways in how one can get rid of his Chametz, and avoid transgressing the owning prohibition. Prior to the start of the 6th hour of Erev Pesach one can simply sell or disown his Chametz, while after the 6th hour, one must physically destroy the Chametz, as will be explained in Halacha 8. In this Halacha, we will discuss whether the positive command of Tashbisu, destroying the Chametz, is fulfilled simply by disowning it before the 6th hour, or must one physically destroy some of his Chametz to fulfill this Mitzvah. Likewise, we will discuss what methods of physical destruction are deemed valid.

Destroying versus disowning:[313] Biblically, destroying the Chametz [in fulfillment of the Mitzvah of Tashbisu] means that one eradicates [Mashbis] and destroys the Chametz completely from the world until no other person can benefit from it. [This implies that the nullification of Chametz, or its disownment, even prior to the 6th hour of the day, although it prevents one from transgressing the owning prohibition, does not fulfill the Mitzvah of Tashbisu, and to fulfill this Mitzvah, some Chametz must actually be destroyed. So is also implied from other sources.[314] Accordingly, in order to fulfill the Mitzvah of Tashbisu, it does not suffice to simply disown or sell all of one’s Chametz, but rather he must save a Kezayis[315] of Chametz to actually destroy in the ways to be explained. As stated above in A, through destroying the Chametz prior to the arrival of the Tashbisu command at the 6th/7th hour of the day, one retroactively fulfills the Biblical Mitzvah of Tashbisu when the 7th hour arrives.[316] This is the reason why all Jewry are accustomed to burn the Chametz on Erev Pesach rather than simply discard it. The disownment or sale of Chametz simply avoids transgressing the commands of Tashbisu and Baal Yiraeh Ubaal Yimatzeh, and does not fulfill the command of Tashbisu. Nonetheless, even according to this approach, there is no obligation for one who does not own Chametz to purchase Chametz in order to destroy it and fulfill the Mitzvah of Tashbisu, as the Mitzvah simply is that if one happens to own Chametz, then the Mitzvah of Tashbisu is only fulfilled through destroying it, and not that one must own it and destroy it.[317] Accordingly, even according to this approach, one can choose to disown all his Chametz before the 6th hour of Erev Pesach and not destroy any of it.[318]  In such a case, although he does not fulfill the Mitzvah of Tashbisu, he also does not transgress it. All the above follows the understanding of Admur and those Poskim who hold similarly. However, other Poskim[319], rule that the Mitzvah of Tashbisu is fulfilled simply by disowning the Chametz before the arrival of the 6th hour, and there is no necessity to physically destroy it. The full details of disowning Chametz, how, and when it can be performed, will be discussed in Halacha 8!]

The methods of destruction: One who does not plan to disown all of his Chametz[320], or can no longer do so due to it being past the 6th hour of the day [See Halacha 8], must destroy the Chametz from the world in a way that no person can get benefit from it.[321] It, however, does not have to be destroyed to the point that even animals cannot get benefit from it.[322] Some Poskim[323] rule that the only valid method of destroying the Chametz is through burning it.[324] Other Poskim[325], however, rule that any of the to be mentioned methods of destruction are also equally valid. Practically, the final ruling follows the latter opinion that all the to be mentioned methods of destruction are valid.[326] Nevertheless, the custom in these provinces is like the stringent opinion, to destroy the Chametz through burning [if attainable, and if not attainable, then the other methods are to be used].[327]

The following are the valid methods of destroying the Chametz:

1. Burn:[328] Initially, the best method of destruction, as is the accustomed practice, is to burn the Chametz.[329] All the Chametz is to be burnt until it becomes charcoal.[330] This obligation to burn the Chametz until it becomes charcoal, applies only when burning the Chametz after the 6th hour on Erev Pesach. However, when burning the Chametz prior to the 6th hour on Erev Pesach, it suffices to burn it until it becomes unfit for a dog, and one does not have to burn it not until it becomes charcoal.[331]

• If one cannot burn the Chametz, it is valid to destroy the Chametz through any of the following methods:[332]

2. Throw into the wind:[333] Break the Chametz into thin crumbs and then throw it into the wind. [This applies to all forms of Chametz, including Chametz kernels of grain, that the Chametz must first be broken into small pieces.[334]]
3. Throw into a river:[335] If the Chametz is [large and soft, such as a loaf or slice of] bread and the like [which floats atop of water], then one is to crumble it into very thin crumbs and throw it into a river or ocean.[336] If the Chametz is already in small pieces, then there is no need to break them up any further.[337] If, however, the Chametz is small and hard, such as Chametz kernels of wheat, then it is disputed as to whether one must first break up the kernels to smaller pieces prior to throwing them in the river, or not.[338] Practically, if one needs to destroy only a few kernels, then they are to be broken into 2 or 3 pieces and then thrown into the river. If, however, there are many kernels, then they should be thrown as is.[339]
4. To place the Chametz in a toilet:[340] One can place the Chametz in a toilet [and flush it[341]], even if the pieces are large.[342] One does not need to crumble the piece prior to throwing it in, even if the pieces are bread and the like.
5. Destroying crumbs by throwing them on the ground:[343] [Before the 6th hour on Erev Pesach] one may throw thin crumbs which are less than a Kezayis onto the floor of one’s home, in walking areas, and destroy the Chametz through walking on it. [However, after the 6th hour, seemingly this method is invalid.[344]]

Summary: Prior to the 6th hour of the day on Erev Pesach, one can disown the Chametz in a public area, and thus avoid transgressing the owning prohibition. However, to fulfill the Mitzvah of Tashbisu, it does not suffice to simply not own Chametz by the time the 6th hour arrives, and rather one must physically destroy some of the Chametz. Likewise, once the 6th hour has arrived, disowning the Chametz is no longer valid to avoid the owning prohibition, and rather it must be destroyed from the world. To fulfill the Mitzvah of Tashbisu, the custom is to destroy it before the end of the 5th hour of the day, and by doing so, one retroactively fulfills the command upon the arrival of the 6th hour. Whenever one is required to destroy the Chametz, it must be destroyed to the point that no person can get benefit from it, however, it does not have to be destroyed to the point that animals cannot 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. Q&A For practical Q&A on the subject of Biur Chametz which is customarily performed on Erev Pesach-See Chapter 4 Halacha 17!

7. Bedikas Chametz and Bittul Chametz- Understanding the obligation to clean one’s house from Chametz and the effect of Bittul/disownment:

The Biblical obligation:[345] Biblically, if one nullifies his Chametz, and disowns it prior to the 6th hour[346] 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.[347] 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:[348] 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.[349] 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.[350] [See the next Halacha for the details of removing the Chametz from one’s property. See Halacha 5E and Chapter 3 Halacha 2 regarding the Rabbinical obligation to destroy less than a Kezayis of Chametz, even if nullified.]

If one searched and then found Chametz on Pesach does he transgress?[351] If one performed the search as required, then even if on Pesach he finds a Kezayis of Chametz which he did not find during his search, he does not retroactively transgress Baal Yiraeh and Baal Yimatzeh over the fact it was unknowingly owned.[352]

The above is a general scope of the obligation of Bedikas Chametz. For the detailed laws of cleaning one’s house for Chametz-See chapter 3. For the detailed laws of Bedikas Chametz and Bittul-See chapter 4.

8. Disowning the Chametz and removing it from one’s home:

In the previous Halacha, we discussed the Biblical ability to disown the Chametz and leave it in one’s home, and the Rabbinical decree to remove Chametz from one’s home even if it is disowned. In this Halacha, we will discuss the details of where the Chametz must be removed to, and until what time doing so is valid, and thus not transgress any Biblical or Rabbinical owning prohibition.

Placing in public for all area prior to the 6th hour on Erev Pesach:[353] Prior to the 6th hour of the day on Erev Pesach, one can avoid the [Biblical and Rabbinical] prohibition of owning Chametz through giving or selling his Chametz to a non-Jew. Likewise, one can avoid the [Biblical and Rabbinical] prohibition through disowning the Chametz and placing it in a public for all area, such as the public streets and roads, in which everyone maintains the right to pass through and take the Chametz. In such a case, even if no one actually took the Chametz, and it remained there throughout the entire Pesach in a way that the [original] owner [is able to] see it lying there, nevertheless, he does not transgress any prohibition and it does not need to be destroyed.[354] [Nonetheless, as explained in Halacha 6B, even prior to the 6th hour, the disowning of the Chametz simply refrains one from transgressing ownership once the 6th hour arrives, however it does not fulfill the Mitzvah of destroying Chametz. One is thus to save at least some Chametz to burn rather than discard all of it, in order to fulfill the positive command of Tashbisu.] When placing the Chametz in an area that is public to everyone, one must leave it there with a full heart, without the intention to take back after Pesach. He must completely disown it both by verbalizing[355] the disownment and by concluding so in his heart. However, if he intends to retrieve the Chametz after Pesach if no one takes it in the interim, then it is not considered completely disowned[356], and he thus [Rabbinically[357]] transgresses on its ownership even if he places it in a public area.[358] Furthermore, even if he does not plan to retrieve the Chametz after Pesach, it is forbidden for all Jews to benefit from this Chametz after Pesach as will be explained in Chapter 17 Halacha 2C.[359]

Placing in non-public for all area prior to the 6th hour on Erev Pesach:[360] The above allowance, only applies if one discards his Chametz in a public for all area. If, however, one disowns the Chametz and discards it in an area which is not public for all, such as he placed it in his [building’s] courtyard [lobby, or garbage shoot], then he transgresses the Rabbinical prohibition of Baal Yiraeh and Baal Yimatzeh.[361] [Thus, one must beware on Erev Pesach not to leave Chametz garbage in his garbage can, building garbage shoot, or other area of his property or building’s property, if the garbage collector will not pick up the garbage prior to the 6th hour of the day.[362]] Certainly, if one disowns and discards the Chametz in another person’s private property, such as he leaves it in the home of another Jew or gentile, then he transgresses the above Rabbinical prohibition.[363]

After the 6th hour on Erev Pesach:[364] After the beginning of the 6th hour on Erev Pesach, it is no longer valid to disown and discard the Chametz in a public area, and rather one must destroy the Chametz from the world in a way that no person can get benefit from it.[365]

How to destroy the Chametz after the 6th hour: Initially one is to burn the Chametz until it all becomes charcoal, although if this is not possible, one is to destroy it in one of the other methods of destruction which include: 1) Crumbling and throwing into the wind; 2) Crumbling and throwing into the sea; 3) Flushing down the toilet. See Halacha 6B for the full details of this matter!

What to do with Chametz that one has liability over:[366] One who has liability over Chametz that is in his property must return the Chametz to the gentile owner, or sell the Chametz to another gentile[367] [or remove his liability from it] before the 6th hour on Erev Pesach. It, however, does not even Biblically help to nullify the Chametz, even before the 6th hour.[368] If the 6th hour has already arrived, and one has not done any of the above, then two options remain: 1) Return the Chametz to the gentile owner.[369] 2) Destroy the Chametz, as stated in Halacha 6B. He, however, may no longer sell the Chametz to another gentile once the 6th hour has arrived, as explained in Halacha 4!

General Summary: By the start of the 6th hour of the day on Erev Pesach, one must get rid of all Chametz that he owns. Before the 6th hour: Prior to the 6th hour of the day, one can use any of the following methods of disposal: 1) Give or sell to a non-Jew; 2) Disown and discard into a public for all area; 3) Destroy, it through burning, or through crumbling into the wind or sea or toilet. If one disowns the Chametz and leaves it in an area that is not public for all, such as his house, building courtyard, or lobby, then he transgresses the Rabbinical owning prohibition. Even when placing the Chametz in an area that is public to everyone, one must leave it there with a full heart, without the intention to take back after Pesach. After the 6th hour: From the start of the 6th hour and onwards, one is no longer able to disown or sell the Chametz, and any Chametz that remained in one’s possession must be completely destroyed from the world. One who continues owning Chametz past the start of the 6th hour, transgresses a Rabbinical owning prohibition of Tashbisu. One who continues owning the Chametz past the start of the 7th hour [i.e. midday], transgresses a Biblical owning prohibition of Tashbisu. One who continues owning the Chametz past the night of the 15th, transgresses a Biblical owning prohibition of Baal Yiraeh and Baal Yimatzeh. Q&A May one discard his Chametz trash into a garbage bin, if it will remain there after the 6th hour on Erev Pesach?[370] As explained in the above Halacha, it is forbidden to discard one’s Chametz into an area that is not public property. This raises a Halachic issue with discarding one’s Chametz garbage into garbage bins before the 6th hour on Erev Pesach, if the garbage will not be collected before that time. The following is the ruling regarding this matter: Bin owned by city/municipality:[371] It is permitted to throw Chametz garbage into a city owned garbage bin, even if the garbage will not be collected until after the 6th hour on Erev Pesach.[372] Bin is privately owned: One may not discard his Chametz into a privately-owned garbage bin, whether it is one’s personal property, or the property of one’s building, if it will remain there past the 6th hour on Erev Pesach. Thus, one may not discard Chametz garbage into a buildings garbage shoot if it will not be cleared out before the 6th hour on Erev Pesach. One who does so, possibly transgresses the prohibition against owning Chametz.[373] The following are the available options in such a case: 1. Mechiras Chametz:[374] If one sold all of his Chametz to a gentile, as is commonly done today through the community Rabbi, then according to the standard sale contracts used today, all one’s Chametz, including Chametz that is dirty and has no price value, is included in the sale.[375] Accordingly, the Chametz that remains in the garbage in truth is sold to the gentile, and one does not need to do anything further to get rid of it. However, some Poskim[376] negate relying on this sale regarding the Chametz garbage, and thus state one is to use one of the next options.[377] 2. Disown garbage bin:[378] Disown the garbage can and its contents in front of three people. If the bin is standing in one’s property, then one is to also disown that area of one’s property. In such a case, one may use the garbage can throughout Pesach. 3. Spoiling the Chametz:[379] Spill bleach, or another spoiling agent, onto the Chametz that is in the garbage before the 6th hour on Erev Pesach, thus making it inedible even for a dog. 4. Breaking to less than Kezayis:[380] To break the Chametz into pieces of less than a Kezayis and then discard it directly into the garbage together with all the other filth.[381] 5. Burn:[382] To save all leftover Chametz starting from the last garbage pickup before the 6th hour of Erev Pesach, until the time of Biur Chametz, in which case one will burn all the Chametz he has. 6. Garbage pickup:[383] To arrange with the municipality to pick up the Chametz on Erev Pesach, up until the 6th hour of the day. [Any Chametz which is discarded after this pickup would need to follow one of the previous mentioned option.]

9. One who finds Chametz in his property on Pesach:

A. If one sold his Chametz to a gentile before Pesach:[384]

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.[385] 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.[386] Rather, one should make a Mechitza of ten Tefachim around the Chametz.[387] 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.[388] It is forbidden to pick up the Chametz with one’s hands, to place inside the area designated for the gentile.[389] 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.[390] 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.[391]

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.

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.[392] This applies even to less than a Kezayis of Chametz, and even if one had nullified it before Pesach[393], unless the less than Kezayis nullified piece is dirty, in which case it does not need to be destroyed.[394] 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.[395] One who delays destroying it, transgresses the owning prohibition every moment of delay.[396] 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:[397] 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.[398] 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.[399]
3. All the Chametz that was found or known of during the Bedikah has already been burned.[400]
4. It is at least a Kezayis in size[401], even if he nullified his Chametz before Pesach[402], or is less than a Kezayis in size but one did not nullify his Chametz before Pesach, and it is not considered automatically nullified.[403] However, if the Chametz is less than a Kezayis and was nullified before Pesach, then a blessing is not recited upon destroying it.[404] 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.[405] [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.[406]

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.

C. 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:[407] 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[408], 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].[409] If, however, [the Chametz is Biblically forbidden in ownership, such as] one did not nullify his Chametz before Pesach[410] [and it is a kezayis in size[411]] then it is disputed amongst Poskim whether one is to destroy the Chametz on Yom Tov/Shabbos. Some Poskim[412] rule one is required to destroy it immediately on Yom Tov [and Shabbos] in a permitted way.[413] Other Poskim[414], 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].[415] According to this opinion, one does not transgress the owning prohibition upon delaying destroying the Chametz until Motzei Shabbos/Yom Tov.[416] 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.[417] [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.[418] 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.[419] Furthermore, if possible, the destruction should be done through a gentile.[420]

Asking a gentile to destroy the Chametz:[421] [According to all opinions] one may ask a gentile on Shabbos or Yom Tov to throw the Chametz into the sea[422] or toilet [if one did not sell his Chametz to a gentile and it is thus obligated to destroy it].[423] This applies even if the Chametz is only Rabbinically prohibited in ownership, such as it was nullified before Pesach.[424] However, when having the Chametz destroyed through a gentile, a blessing is not said.[425] 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.[426]

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?[427]  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.

D. If one is unsure if the piece found is Matzah or a Chametz cracker:[428]

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.

E. Found Chametz of another Jew on Pesach:[429]

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.[430] See Chapter 3 Halacha 14 for the full details of this subject!

 

10. What to do with a gentile’s Chametz that entered one’s home on Pesach?

Before Pesach, it is permitted to store the Chametz of a gentile in one’s home, so long as one does not have any liability over it even in a case of negligence, and it remains behind a Mechitza [divider] of ten Tefach height.[431] Thus, we have the allowance to sell one’s Chametz before Pesach and leave it in one’s home. The following will discuss what to do with Chametz that arrived into one’s home on Pesach itself.

Gentile brought Chametz into one’s home to store, or to give as a present? If a gentile brought over Chametz on Pesach [as a gift, or] for storage, one is to refuse its acceptance and not allow it to remain in his home over Pesach.[432] If, however, this already occurred [such as against one’s will, or unknowingly to oneself], then although one does not transgress owning it[433], and is thus not obligated to destroy it, nevertheless, if one is able to return the Chametz to the gentile, or throw it into a public area without arousing the anger of the gentile, then he must do so.[434] However, one may not touch the Chametz with his hands, even for the sake of returning it, or throwing it outside.[435] If this is not possible, then one is to make a Mechitzah of ten Tefach [80 cm] height in front of the Chametz[436] or alternatively, move it with a stick to the area designated for the Chametz that was sold before Pesach.[437] If one discovered the Chametz of the gentile on Shabbos or Yom Tov, one is to cover the vessel until the evening, and then immediately make a Mechitzah of ten Tefach in front of it.[438] If the Chametz of the gentile was discovered on the last day of Pesach, towards the night, then there is no need to even cover the Chametz.[439] 

May one allow a gentile to eat Chametz in his home on Pesach?[440] One may allow a gentile to eat Chametz in one’s home on Pesach[441], so long as the gentile is not an employee for whom one must provide his meals [i.e. a maid].[442] The gentile may even eat the Chametz on one’s dining room table. Nonetheless, this carries the following limitations and regulations: The Jew is forbidden to eat on the same table as the gentile who is eating Chametz. This applies even if one will be eating on a different tablecloth. Likewise, after the gentile finishes eating, one must clean the table well from the leftover Chametz crumbs.[443] When the gentile leaves the house, one must make sure that he takes all the Chametz back with him.

Summary: It is permitted to store a gentile’s Chametz in one’s home from before Pesach, if one does not have liability over it, and places it behind a Mechitza. However, on Pesach itself, one may not allow a gentile to leave his Chametz in one’s home, and certainly may not accept a Chametz present from a gentile. In the event that the Chametz was left in one’s home against one’s will, or without one’s knowledge, then if it cannot be returned to the gentile, or placed outside, then it is to be placed behind a Mechitza using a broom. It is permitted to allow a gentile to enter Chametz into one’s home, and eat it there, so long as he takes all the Chametz back with him upon leaving. Q&A May one visit, or live in, the house of a gentile during Pesach? Although it is seemingly permitted to visit, or even 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.[444]   May one allow gentile employees to eat Chametz foods in one’s home/office/business? It is permitted for a gentile employee to eat Chametz in one’s property, such as one’s home, office or business, so long as one did not obligate himself to supply the employee with meals. If, however, he supplies the employee with their daily meals, as is common practice with live in maids, then one may not allow them to eat Chametz in one’s home or property, as explained above.   What should one do if a child brings home Chametz on Pesach?[445] If the child has reached the age of Chinuch, then one is to destroy the Chametz through flushing it down the toilet or burning it.[446] If the child is below the age of Chinuch, then one is to discard it outside the home, making sure not to touch it in the process.[447] What should one do if he received a Chametz food in the mail? One purchased/acquired the Chametz before Pesach:[448] If one purchased and acquired this Chametz before Pesach, then if he performed Mechiras Chametz, it is considered sold to the gentile, and he is to refuse its acceptance, and if it was already received, he is to move it with a broom to the area designated as sold to the gentile. If he did not perform Mechiras Chametz, then the Chametz must be destroyed, as explained in Halacha 6B.  One did not purchase/acquire the Chametz: If during Pesach one was sent Chametz that he did not purchase and never acquired, such as he was sent Chametz from a company for promotion purposes, then it follows the same law as Chametz of a gentile which arrives on Pesach. Thus, he is to refuse to accept it, and if it was already placed on one’s property, then it is to be swept to the public area using a broom. If, however, the company is owned by a Jew, or the Chametz was sent by a Jew who did not perform Mechiras Chametz, then the Chametz is to be destroyed, as explained in Chapter 3 Halacha 14A. What should one do if Chametz was delivered to his food store on Pesach? This follows the same law as the previous Q&A.[449] What should a prisoner do if he was delivered Chametz food to his cell on Pesach?[450] This follows the same ruling as above, that one is to refuse its acceptance, and if not possible. Then it is to be placed behind a Mechitzah [if available] or under a vessel.

11. Business interactions with Chametz on Pesach:[451]

As discussed in Halacha 4-5, it is Biblically forbidden for a Jew to own, or receive benefit from Chametz over Pesach. The following Halacha will discuss various cases of business interaction with Chametz, and whether they transgress the above prohibition.

*Important note: The following laws are only in relevance to the Chametz prohibition. In addition, at times a working on Chol Hamoed prohibition may be applicable, and must be negated, as explained in the laws of Chol Hamoed.

Receiving payment for Chametz sold before Pesach:[452] It is permitted for a Jew to accept payment on Chol Hamoed Pesach for Chametz that he sold before Pesach. Likewise, a Jewish buyer may pay on Chol Hamoed Pesach for Chametz that he bought before Pesach. [Accordingly, groceries that give future credit to customers to make purchases, may collect payment for their purchases on Chol Hamoed Pesach.]

Selling one’s Chametz business for the duration of Pesach: See Chapter 5 Halacha 1!

Renting a car, or property, to a gentile if one knows he will enter Chametz into it:[453] It is permitted to rent a donkey [i.e. car] or room to a gentile even if one knows that the gentile will enter Chametz into the room or car and eat it while there.[454] This, however, is with exception to a case where the gentile explicitly told the Jew of his intent to use it for Chametz, as explained next.

Renting a car, or property, to a gentile for the sake of transporting/storing Chametz:[455] It is forbidden during Pesach [or on Erev Pesach, even before the 5th hour[456]] to rent a donkey [i.e. car] or room to a gentile for the sake of him transporting, or storing his Chametz there.[457] This, however, is only forbidden if the gentile states that this is the purpose of his rental, otherwise, it is permitted to rent it to him, even if one knows this to be his intended use.[458] Furthermore, before Erev Pesach, it is permitted to rent a car or room to a gentile for the duration of Pesach, even if the gentile explicitly states his intent to use it for Chametz storage or transportation.[459] It is permitted to lend a car to a gentile on Pesach even if one knows that his intent of borrowing it is to transport Chametz.[460]

Storing Chametz of a gentile for free?[461] If a gentile brought over Chametz to a Jew on Pesach in order to store it in his house, one must refuse its acceptance.[462] If the gentile is of domineering nature and will not allow the Jew to deny him from placing the Chametz in his property, then the Jew must explicitly tell the gentile that he does not want to accept the Chametz, and is thus not liable for any damages that may occur to it.[463]

Brokering Chametz-Buying Chametz on behalf of a gentile:[464] It is Biblically forbidden for a Jew to purchase Chametz on Pesach on behalf of a gentile, even if he will be paying with money that the gentile gave him, and certainly if he is using his own money.[465] [If, however, he will not be paying at all, and is simply brokering between the gentile and Chametz owner, then it is only forbidden to be done if the Jew receives benefit from the Chametz deal that he has brokered.[466] Thus, a Jew may act as a broker on Pesach to help a gentile purchase Chametz from another gentile if he receives no payment or liability, and does not perform the actual purchase.[467] However, a paid broker whose occupation involves purchasing Chametz from food companies on behalf of food stores that he represents, may not do so on Pesach even if he does not pay the company at all, and the payment is taken care of by the store he represents.[468] If, however, he is also purchasing non-Chametz products from the store, and is not the one giving payment, then it is permitted to be done.[469] The same applies if he receives a monthly salary for his work which is not exclusive to brokering the purchase of Chametz.[470]]

Receiving a Chametz present from a gentile:[471] It is forbidden for a Jew to accept a Chametz present from the hands of a gentile during Pesach, and he may not direct the gentile to leave the Chametz in a private area of his home.[472] This applies even on the last day of Pesach, near the end of the holiday. If he accepts the Chametz and takes it in his hands, or has it acquired by having it placed in his home, he transgresses the Biblical owning prohibition and it is obligated to be immediately destroyed. However, if the Jew does not tell the gentile to place it in a private place and the like, then even if the gentile does place the Chametz down in his property, his property does not acquire it for him, and he does not transgress owning it by having it left in his possession.[473] Nevertheless, it is proper[474] to be stringent to explicitly tell the gentile that one does not want ones property to acquire the gentile’s Chametz for him.[475] Whenever the gentile’s Chametz gift was left in one’s possession, and one did not acquire it, it is either to be returned, placed outside, or placed behind a Mechitza, as explained in the previous Halacha!

Providing gentile employees Chametz foods to eat on Pesach: See Halacha 12!

Giving a gentile money for him to buy Chametz for himself: See Halacha 12!

Benefiting from money received from transgressing and selling Chametz on Pesach:[476] It is Rabbinically forbidden for the seller to benefit from the money received in exchange for selling Chametz on Pesach, if one received the money prior to giving the Chametz to the gentile, unless it is a case of great loss.[477] This applies even if the person selling the Chametz is not the owner of the Chametz.[478] However, if one received the money only after the gentile took the Chametz, the money remains permitted in benefit even for the seller.[479] The above only applies to the seller, however, for all other people, the money remains permitted in benefit in all cases.[480] This applies even to the original owner of the Chametz in a case that someone else sold it on his behalf.[481]

Q&A May a Jew work for a gentile owned store, or company which sells Chametz products?[482] If the store also sells non-Chametz products, and the Chametz products is not their main item of sale, then it is permitted to do so [in those cases in which it is permitted for one to work during Chol Hamoed] so long as one does not come into hand contact with the Chametz [such as a store guard, accountant, or manager, etc]. If the main product that is sold is Chametz, then it is forbidden to work for them over Pesach even if one will not come into contact with the Chametz [such as a guard and the like].[483]   May a Jew working for a delivery company, deliver a Chametz package for a gentile on Pesach? It is forbidden to have liability over Chametz on Pesach as explained in Halacha 5C. Thus, if the Jew will be held liable if he is negligent and causes loss or damage to the product, it is Biblically forbidden for him to deliver it. Aside for the above issue, it is also forbidden to get paid for delivering Chametz. Furthermore, it is forbidden to touch Chametz on Pesach, as explained next. If, however, the Jew will not have any liability over the Chametz even in case of negligence, and he is not involved in touching the Chametz [i.e. he is the driver and another person comes with him to deliver], and he will not be getting paid specifically for this delivery [i.e. works for UPS and gets a monthly salary], then it is permitted to be done [if he has an allowance for working on Chol Hamoed].

Renting a room to a nonreligious Jew or gentile during Pesach Question: I have a vacation rental home which I rent out throughout the year and would like to know if there’s any issue with me renting it to a nonreligious Jew during Pesach, being that he very likely will enter Chametz into the room. Is there any difference in this regard if he rents it for the entire Pesach versus if he only does so for a few days and will leave in middle of Pesach?   Answer: It is permitted for you to rent the room to the nonreligious Jew [or a gentile] even if he will enter Chametz into it, so long as he does not explicitly tell you that he is renting it for the sake of storing Chametz inside the room. After the renter leaves, whether during or after Pesach, you should enter it and perform Bedikas Chametz. Any Chametz that is found is to be destroyed through burning, or flushing down the toilet.   Explanation: There are two general issues that need to be clarified when renting a property to someone who will enter Chametz into it on Pesach, the first is the issue of benefiting from Chametz which is biblically forbidden, and the second is the issue of having Chametz in one’s property. When renting to a nonreligious Jew versus a Gentile, there is a third issue that is raised, and that is the issue of Lifnei Iver. We will discuss all three issues below:   1) The issue of benefit: We find the following ruling in Shulchan Aruch regarding renting a property to a gentile during Pesach: It is permitted to rent a donkey [i.e. car] or room to a gentile even if one knows that the gentile will enter Chametz into the room or car and eat it while there. The reason for this is because the entering and eating of the Chametz is not the purpose of the rental, and hence one is not making money from the fact the gentile can eat Chametz there. This, however, is with exception to a case where the gentile explicitly told the Jew of his intent to use it for Chametz, in which case it is forbidden during Pesach [or on Erev Pesach, even before the 5th hour] to rent a donkey [i.e. car] or room to a gentile for the sake of him transporting, or storing his Chametz there. The reason for this is because it is forbidden to make money from an item that is forbidden in benefit.  This, however, is only forbidden if the gentile states that this is the purpose of his rental, otherwise, it is permitted to rent it to him, even if one knows this to be his intended use. The reason for this is because as long as the gentile did not make clear the purpose of his rental, the Jew would receive payment regardless of what he uses it for, and hence he makes no money from the fact that he specifically used it to store Chametz. Furthermore, before Erev Pesach, it is permitted to rent a car or room to a gentile for the duration of Pesach, even if the gentile explicitly states his intent to use it for Chametz storage or transportation.  It is permitted to lend a car to a gentile on Pesach even if one knows that his intent of borrowing it is to transport Chametz.   Now, regarding a nonreligious Jew, the same law should apply, that it would be absolutely forbidden to agree to rent him a room on Erev Pesach or onwards in order to store his Chametz, due to the benefit prohibition. However, if he does not explicitly state that he is renting the room in order to store his Chametz there, then there is no benefit prohibition.   2) The issue of ownership and having Chametz in one’s property: It is a clear ruling in the Poskim that one cannot be forced to acquire something against his will, even if it was entered into his property, and one’s property only acquires an item that is placed there as Hefker, if he desires to acquire it and it is a benefit to him. Certainly, a Jew does not desire to acquire Chametz during Pesach, and hence even if someone enters Chametz into one’s property during Pesach, the owner of the property does not transgress anything. Nonetheless, one is required to get rid of the Chametz from his property, due to a rabbinical decree that was made due to worry that one may come to eat it. However, this only applies to property that one owns and contains access to. Thus, there is no obligation to get rid of the tenants Chametz that is found in his rental property as the access to that property is now the sole right of the renter throughout the duration of the rental and the owner no longer has rights of access to it. Accordingly, there is no obligation for the landlord to make sure that his renter does not enter or store Chametz into the rented property, as even if he leaves leftover Chametz in the property after he leaves in middle of Pesach, he will not transgress owning it. Nonetheless, one would be required to clean it from the Chametz once the nonreligious Jew leaves the property as we will explain below.   3) The issue of Lifnei Iver: The law is that if one contains the Chametz of another Jew in his property before Pesach then he must destroy it or sell it before Pesach, in order to prevent a Jew from transgressing the law. Accordingly, it would seem that it would be forbidden for one to allow a nonreligious Jew to enter Chametz into one’s property that one rented to him, both due to his obligation to destroy it, and perhaps due to Lifnei Iver. However, in truth one can argue that neither of these issues truly apply by a rental property, as the sages never obligated a Jew to enter his nonreligious neighbors home in order to forcibly get rid of his neighbor’s Chametz, and the above law only applies if the nonreligious Jews Chametz is in one’s own property. Now, since only the tenant has the right of access of a rental property and not the landlord, therefore the landlord does not have any obligation to get rid of such Chametz, just as he does not have an obligation to enter his neighbor’s house and destroy his Chametz. Likewise, for several reasons there is also no issue of Lifnei Iver, such as a) One does not know for certain that the property will be used for Chametz b) the ownership of the Chametz by the nonreligious Jew and the rental of the property have no connection to each other, as the nonreligious will regardless transgress the prohibition as soon as he buys it irrelevant of the fact that he rented the property. c) the purpose of the rental is not for the storing of the Chametz, and if he does decide to do so that’s his own decision. This follows the same allowance [for even greater reasons] brought in Poskim regarding renting a property to a non-religious Jew who will be Michalel Shabbos there.   Performing Bedikas and Biur Chametz to any leftover Chametz: Although one does not transgress the owning prohibition on another Jew’s Chametz, 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. The reason that one must destroy his friends Chametz is in order so his friend not transgress Baal Yimatzei, as all Jews are cosigners/guarantors for [the fulfillment of Mitzvos of] all other Jews. Accordingly, although we cannot force or request from the landlord to access his rental property during the term of rental and get rid of the renter’s Chametz as explained above, once the contract is up and the renter returns the property to the owner, certainly the owner should check it for any leftover Chametz and destroy it. This applies whether during or even after Pesach, as even after Pesach it is forbidden to benefit from Chametz owned by a Jew during Pesach, and it must be destroyed. In this regard, it is different than the Chametz of a gentile, which may be eaten after pesach, although, one must get rid of it from his property during Pesach. Another difference regarding if the renter is a Jew or Gentile is regarding if one may touch the Chametz when taking it out of one’s property during Pesach, and if one must destroy the Chametz. If the Chametz is owned by a Jew, then it must be destroyed in order so the Jew does not transgress Baal Yiraeh, or after Pesach so no one comes to benefit from it, and accordingly, it is permitted even on Pesach for one to actually touch the Chametz for the sake of destroying it. However, if it is owned by a Gentile, such as one had a Gentile renter, then the leftover Chametz does not need to be destroyed, and hence when getting rid of it during Pesach one may not use his hands to do so, and is to rather use his feet or a broom to sweep it out of his property.   The issue of liability: All the above assumes that the landlord does not contain any legal liability for stolen food goods from the rental property, even due to negligence of the landlord [i.e. broken locks] as is normally the case. If, however, it would be true that the landlord has legal liability for items stolen from the rental property [even if only in a case of negligence], including food items such as an expensive whisky, then indeed it would be forbidden for him to rent it to either a Jew or gentile, unless he makes sure to remove such liability from Chametz items or makes sure they do not enter Chametz into the property. The reason for this is because it is forbidden to have liability over Chametz during Pesach even if one does not own it.   Sources: See regarding the issue of benefit from Chametz when renting a property to a gentile during Pesach: Admur 450:9; Rama 450:5 See regarding that Chametz that was entered into ones property on Pesach against one’s will is not considered acquired to him: Admur 448:3 “However, if the Jew does not tell the gentile to place it in a private place and the like, then even if the gentile does place the Chametz down in his property, his property does not acquire it for him, as he probably does not want to own the Chametz, being that it is forbidden or him to own it, and being that he does not want to own it, his property cannot act as an emissary to acquire it for him, as one cannot become an emissary to acquire something for someone else against that persons will.”; 450:21 in parentheses “Although the gentile entered the Chametz into the Jews property, nonetheless, his property does not acquire it for him, as a person’s property does not acquire him an item that he does not want, such as Chametz on Pesach.” See also Admur Kuntrus Achron 436:3; See regarding the need to get rid of a gentiles Chametz that was entered into one’s property during Pesach: Admur 440:3, 5 and 448:5 regarding storage; Admur 448:3-4 regarding a gift; Admur 446:7 “One may not take the Chametz with his hands to return it to the roof of the Gentile, [but rather] is to use a stick to push it into the Gentiles roof, or into a public area.” See regarding the need to destroy the Chametz of another Jew that was left in one’s property: Admur 443:6; See also Admur 436:3; See Piskeiy Teshuvos 437:1; Siddur Pesach Kihilchaso 12:8; See regarding that Lifnei Iver does not apply when renting a home to a non-religious Jew: Mahrsham 2:184; Mahrshag 2:102; Arugas Habosem 54; Igros Moshe Y.D. 1:72; 2:66; Minchas Shlomo 1:35-5 and Tinyana 100:1; Yabia Omer O.C. 2:15; Milameid Lehoil O.C. 1:38; Seridei Eish 2:19  Piskeiy Teshuvos 243:7; See regarding the prohibition of having liability over Chametz: Admur 440:1 and 9-17

12. Providing a gentile, or gentile employees, Chametz foods to eat on Pesach:

Providing him with Chametz before Pesach:[484] If one has a gentile employee which he has agreed to provide his daily meals, it is forbidden to provide him with Chametz foods for the meals that take place from the 6th hour of Erev Pesach and onwards. This applies even if one gives the Chametz to the gentile employee prior to the 6th hour on Erev Pesach, for the sake of his Pesach meals.[485] However, if one is not obligated to provide the gentile with his meals, then he may give him Chametz prior to the 6th hour, even if he will only be able to eat it during Pesach.

Providing him with money to buy Chametz: One may not give money to the gentile employee and tell him to purchase Chametz for himself. Furthermore, it is forbidden to give money to any gentile, even not an employee, and tell him to purchase Chametz with it.[486] However, one may give his employee lunch money which he can use to purchase whatever he wants, even if he knows for certain that the gentile will use it to purchase Chametz.[487]

Providing him with Chametz on credit:[488] One may tell a gentile to take his own money and buy Chametz for himself.[489] Furthermore, from the letter of the law, one may instruct a gentile to purchase Chametz from the store, and he will pay him back.[490] This applies even to a gentile employee, which he has arranged to provide his daily meals.[491] Likewise, one may arrange with a gentile storeowner to provide his employee with Chametz on credit, and he will pay him for it later on.[492] In such a case, he may even make the payment on Pesach, after the food is given to the gentile.[493] However, one may not pre-pay the storeowner a certain sum of money [and earn store credit] and arrange for him to provide Chametz to the employee in accordance to that sum.[494] Furthermore, even if one does not tell the storeowner to specifically provide Chametz to the employee, and he can thus provide him any food, it is nevertheless forbidden to do so.[495] Likewise, this allowance [when one will need to pay back the store] only applies if one did not obligate himself to provide specifically Chametz foods to his employee, and he can thus provide him with other non-Chametz foods. However, if one obligated himself to provide his employee specifically Chametz foods, and he thus cannot provide him with other non-Chametz foods in its place, then it is forbidden to arrange for him to receive Chametz from a store, even on credit, on the basis that he will pay the store back.[496] Practically, the above is all from the letter of the law, however, due to the severity of Chametz, one is to be stringent not to arrange for [any] gentile [even not an employee] to purchase Chametz on Pesach and pay [him or] the storeowner back later on.[497] [Seemingly, however, one may have the gentile purchase food on credit of future payment, if he does not tell the gentile to specifically purchase Chametz. Likewise, one may arrange for the storeowner to provide the gentile food on credit of future payment, so long as he does not tell him specifically to give him Chametz.[498] Vetzaruch Iyun!]

Summary: One is not to arrange for a gentile, or gentile employee, to eat Chametz foods during Pesach, whether by giving him the Chametz before Pesach, or through having another gentile provide the Chametz on Pesach, unless: 1. One is not legally obligated to provide the gentile employee with food, and he gives the Chametz to the gentile employee before the 6th hour on Erev Pesach. 2. One gives cash to the gentile and tells him that he may purchase whatever he wants, even if one knows the gentile will purchase Chametz. However, one is not to tell the gentile to purchase Chametz for himself and he will pay him back. Likewise, one is not to give the gentile one’s credit card and tell him to purchase Chametz. In all cases, it is forbidden to allow a gentile to purchase Chametz using store credit that one has already paid for. Q&A on Gentile employees May one arrange for a Chametz business lunch to be served to his gentile employees? As stated above, one is not to do so even if the catering company or restaurant will only bill the employer after the meal is given/eaten.[499] Certainly, it is forbidden to do so if one has prepaid the caterer, even if he did not specifically tell them to provide Chametz.   May one allow gentile employees to purchase Chametz foods using a business credit card? A credit card is an essence an IOU arrangement with the credit card company. Accordingly, as stated above, one is not to allow a gentile to purchase Chametz using his credit card.[500]   May one give his gentile maid Chametz foods before Pesach for her to eat on Pesach?[501] Example: May one give his leftover, bread, morning cereal [i.e. cheerios, bran flakes etc] to his maid for her to eat on Pesach? If one has obligated himself to provide the maid with meals, then it is forbidden to give her Chametz foods even before Pesach for the sake of her meals on Pesach.[502] If, however, one is not obligated to provide the maid with her meals, then one may do so. May one allow gentile employees/maid to eat Chametz foods in one’s home/office/business? See Halacha 10!

13. May one touch Chametz on Pesach?[503]

It is forbidden to touch Chametz with one’s hands throughout the entire Pesach, beginning from Erev Pesach past the 6th hour of the day[504], with exception to when one is in the process of destroying it, as will be explained.[505] This applies whether the Chametz is disowned [i.e. Hefker, on the street] or is owned by a gentile.

If found in one’s property:[506] The above prohibition against touching Chametz applies even if one has a gentile’s Chametz in one’s home, and he wants to return it to the gentile, or throw it outside. In the event that one finds the Chametz of a gentile in his home [as is the case today with anyone who performed Mechiras Chametz and found Chametz in his home] he is to use a stick [i.e. broom] to move it outside his home, or into the area sold to the gentile, as explained in 9A.[507] However, if one found Chametz of a Jew [whether this Chametz belonged to him or to another Jew] in his property [and that Jew did not perform Mechiras Chametz and thus the Chametz is required to be destroyed] then it is permitted for him to touch the Chametz for the purpose of destroying it, as required by law.[508]

Summary: Throughout the entire Pesach, beginning from the 6th hour of the day on Erev Pesach and onwards, it is forbidden to touch Chametz with one’s hands, unless one is doing so for the purpose of destroying it.

Q&A May one move Chametz with other parts of his body, such as his foot and the like? Seemingly, it is permitted for one to move Chametz using body parts other than his hand, such as his foot.[509] However, some Poskim[510] rule that one may not come into any body contact with Chametz, and even to kick it with one’s foot is forbidden.   If one sees Chametz on the street during Pesach should/may he move it to a clean area?[511] It is forbidden to lift the Chametz with one’s hands.[512] Some Poskim[513], however, rule that one may kick it with one’s feet, as stated above. Other Poskim[514] however rule that doing so is forbidden, and hence it is to remain on the street without being moved.[515]   If one picked up Chametz on Pesach, is it considered as if he acquired it?[516] One who picks up unowned Chametz on Pesach is considered to have acquired it and transgresses the Biblical prohibition of Baal Yiraeh and Baal Yimatzeh. This possibly applies even if he has no intent to acquire the Chametz, such as he is picking it up for the sake of throwing it out, nevertheless, some Poskim[517] rule that he possibly acquires it. Accordingly, one who picked up unowned [i.e. Hefker] Chametz on Pesach, must immediately burn it, or destroy it in one of the other valid methods.

14. Looking at Chametz on Pesach:[518]

There is no prohibition against looking at Chametz on Pesach.[519] Thus, one may enter a store which sells Chametz, and walk through areas where Chametz can be seen, and may even allow a gentile to eat Chametz in one’s home, as explained in Halacha 10.

15. Eating on a table that contains Chametz:[520]

It is forbidden to eat on the same table as the gentile who is eating Chametz. This applies even if one will be eating on a different tablecloth. [Accordingly, when eating on a park picnic table, one may not eat on the table while a gentile is eating Chametz there even if the table is very long and one is on the opposite side. Certainly, one may not eat there while there are Chametz leftovers on the table.[521]]

16. Eating/Buying Chametz after Pesach:

The Chametz of a Jew which was owned on Pesach is forbidden in benefit for all Jews. Thus, when buying Chametz from a Jewish owned store, one must verify that they have performed Mechiras Chametz before Pesach. See Chapter 17 Halacha 2 for the full details of this ruling!

_______________________________________________________

[1] Mishnas Chassidim Nissan 3:4; Brought in Beir Heiytiv 467:1; Shaalos and Teshuvos of Admur 6

[2] Likkutei Sichos Vayikra 3 p. 945

[3] Zohar Shemos 40b “Chametz is the Yetzer Hara”; Radbaz 3:546; Shelah Hakadosh Bo; See also Kad Hakemech [Rabbeinu Bechayeh] Pesach; Toras Moshe [Alshich] Shemos 12:13

[4] Shelah Hakadosh Bo

[5] See Admur 486:1

[6] And thus even if dirty or stuck on a wall/vessel it is to be burned. [See Admur 442:28]

[7] Admur 453:1 regarding the five grains; Admur 462:1-6 regarding that only water leavens

[8] Admur 453:1; Michaber 453:1; Pesachim 35a

Other opinions: The Talmud [Pesachim 35a] records the opinions of Rav Yochanan Ben Nury who holds that rice and millet are considered a grain, and its leavening is actual Chametz for which one is liable for Kareis, just like the five grains. The Mishneh in Pesachim 2:5 rules that only the five grains can become Chametz, and the Gemara ibid establishes that this Mishneh does not follow the opinion of Rebbe Yochanan Ben Nury, and so is the final ruling of the Talmud, and all Rishonim and Achronim.

[9] See P”M 453 A”A 1 that Turkish wheat is not a grain and cannot become Chametz. Some translate this to refer to corn, which mainly cultivated in Turkey.

[10] See Admur 465:1-5 that Morson [bran] is Chametz, 454:8 regarding Morson Matzah

[11] Admur 465:3 [food is Mutar on Pesach even if found cooked grain stalk in it]; Rama 465:3; Chok Yaakov 454:1

[12] See regarding that the stalk of the grain is not Chametz: Admur 465:3 [food is Mutar on Pesach even if found cooked grain stalk in it]; Rama 465:3; Chok Yaakov 454:1; See regarding that we do not suspect that any grain has remained in the stalk: Admur 465:3; Taz 465:3; M”A 465:5; Chok Yaakov 465:7; See regarding bran: Admur 465:1-5 that Morson [bran] is Chametz, 454:8 regarding Morson Matzah

Explanation: Wheat straw plates are produced using the straw which houses the wheat kernels, after the wheat kernels are removed. There are several reasons for why there is no issue of Chametz in the use of these plates:

1. There is no actual wheat inside and the straw is not Chametz: As stated above, the wheat kernels are removed prior to production, and the plasticky formula is formed only from the straw itself. Now, the Poskim rule that the straw of grain does not have the status of Chametz. This is because: a) it cannot leaven when mixed with water, which is a crucial requirement for a product to be considered Chametz and b) the straw is not considered edible for humans or animals, and is therefore not considered a food at all, and is not under the restrictions of Chametz, just as we rule that even real Chamtez food loses its Chametz status if it comes inedible for a dog. It is hence not similar at all to the bran part of the kernel which can become Chametz.
2. What if a kernel of wheat was accidentally mixed into the production: Even if this were to occur, it would not pose an issue being that the kernel is completely nullified to the rest of the mixture, and is made completely inedible before the start of Pesach. Furthermore, the Poskim rule that we do not suspect for a kernel being left within the stalk.

[13] Admur 462:1 and 466:1

[14] Admur 462:1; Michaber 462:1; Rambam 5:2; Rif 10; Pesachim 35a

Other opinions: There is an opinion who rules that from the letter of the law, fruit juice makes flour into Chametz. [Raavad 5:2; Rashi Pesachim 36a; opinion brought in Admur 462:7] Furthermore, they hold that it causes dough to become Chametz even quicker than water, [in even less than 18:24 minutes]. In their opinion, dough kneaded with 100% fruit juice has the same status as dough that was kneaded with a mixture of fruit juice and water, [of which even the dissenting opinion agrees it can become Chametz instantly]. Nevertheless, even according to this opinion, this dough is not considered Chametz Gamur but rather Chametz Nuksha, and is thus only Rabbinically forbidden. [Admur ibid; Peri Chadash 462:1; Raavad and Rashi ibid] Practically, the main Halachic opinion is like the lenient opinion, and thus from the letter of the law it is permitted to eat bread made of 100% fruit juice even if it was baked after 18:24 minutes. Nevertheless, the Ashkenazi custom is not to eat any Matzah made of fruit juice [Admur 462:7; Rama 462:4; Drashos Maharil Shabbos Hagadol p. 57] due to suspicion that perhaps a drop of water became mixed. One may not swerve from this custom, as we suspect for the above opinions that even 100% fruit juice makes dough into Chametz instantly. [Admur ibid]

[15] Admur 462:3 and 466:3; Michaber 462:2; Rambam 5:2 based on Pesachim ibid

Other opinions: Some Poskim rule that Chametz of water and fruit juice is Chametz Nuksha and is not Biblically forbidden. [Rabbeinu Tam, brought in Beis Yosef 462; See Kaf Hachaim 462:18]

Baking dough that was kneaded with fruit juice and water: See 462:3 and 466:1!

The law if liquids defined as fruit juice fell on Pesach flour and then dried out: See 466:1!

[16] Admur 462:3 regarding water and 462:6 regarding fruit juice, even if there is 60x against it!

[17] Pure water does not cause dough to become Chametz unless it remains Shiur Mil without being worked on. However, dough that was kneaded with fruit juice and water, hastens to become Chametz even if it does not remain a Shiur Mil without being worked on. [Admur ibid]  

[18] Admur 462:3; Michaber 462:2; Pesachim 36a; Kaf Hachaim 462:21

[19] Admur 462:3; Michaber 462:2; Pesachim 36a

[20] Admur 466:1; See Michaber 466:5; Mishneh Machshirin 6:5

[21] Admur 466:2; Michaber ibid

[22] Admur 462:2 and 466:1; See Michaber and Rama 462:4 and 466:5; M”A 462:1; Rambam 5:2; Pesachim 36a; Mishneh Machshirin 6:5

[23] Admur 462:2 and 466:1; Rama 466:5

[24] Admur 466:1; Rama 466:5

[25] Admur 466:1; M”A 466:10

[26] Admur 466:2; Rama 466:5

[27] Admur 453:27; 4661 in parentheses; M”A 453:10; Taz 453:6; Terumos Hadeshen 118

[28] The reason: As logic dictates that the sweat of an animal is similar to human sweat which does not cause dough to become leavened. [Admur ibid; M”A ibid]

[29] Admur 466:7

[30] Admur 462:1

[31] Difference between leavening and fermenting: Leavening is rising by any means, so baking soda and baking powder (chemical leaveners) as well as yeast (a fermenter) is all included in the leavening process. Chemical leaveners like baking soda and powder work by mixing an acid and base to produce carbon dioxide gas. Fermentation is the process of yeast converting sugars to carbon dioxide and alcohol. In bread making, the carbon dioxide is the desired product. In beer or wine making, the desired product is the alcohol. There are other types of fermentation by bacteria [such as those used in yogurt-making, pickles, or sauerkraut] that produce lactic acid and is responsible for the taste of sourdough breads. Yeast breads undergo leavening through fermentation, while quick breads, like banana bread, use chemical leaveners, which are not fermentation.

[32] Admur 462:1; Mishneh Menachos 52b; Pesachim 28b and 43a

[33] The reason: As the verse states “Ki Chol Ochel Machmetzes Venichrisa etc” and not “Kol Ochel Chametz”. The term Machmetzes is coming to teach us that even if the dough leavened due to an external element, it is considered Biblical Chametz. [ibid]

[34] Admur 459:9-10

[35] Admur 459:9; Michaber 459:2; Pesachim 46a

[36] 1^st opinion in Admur 459:10; Michaber ibid and in Yoreh Deah 69:6; Rama 261:1; Maryu 193; Terumos Hadeshen 123

[37] The reason: As an average person can walk 40 Mil during the daylight walking hours of an average month, such as Nissan and Tishrei, in which there is an equal amount of day and night hours. [Admur ibid; Pesachim 93b] Now, this opinion rules that there are exactly 12 [60 minute] daylight walking hours available in Nissan and Tishrei, [from sunrise to sunset]. Accordingly, if it takes an average person 12 hour to walk 40 mil from sunrise to sunset, it turns out that each mil subdivides to 18 minutes [12×60 divided by 40=18]. [Admur ibid]

[38] 2^nd opinion in Admur 459:10; Rambam in Pirush Hamishnayos Pesachim 3:2

[39] The reason: As an average person can walk 40 Mil during the daylight walking hours of an average month, such as Nissan and Tishrei, in which there is an equal amount of day and night hours. [Admur ibid; Pesachim 93b] Now, there are opinions who rule that there are more than 12 [60 minute] daylight walking hours available in Nissan and Tishreiy, as one is able to walk from daybreak: Alos until nightfall: Tzeis. [Admur ibid; Chok Yaakov 459:10] Based on this, it takes an average person 12 hours, from sunrise to sunset, to walk 30 mil, and not 40 Mil, as the extra 10 Mil spoken of by the Sages is walked prior to sunrise and after sunset, which are also walking hours. Accordingly, it turns out that each Mil subdivides to 24 minutes [12×60 divided by 30=24]. [Admur ibid] In essence the dispute boils down to how many walking hours exist in an average day in Nissan: Tishrei, in which one can walk 40 Mil, and based on that they calculate the amount of Mil one can walk from sunrise to sunset. The first opinion rules an average person can walk 40 mil in 12 hours, which thus subdivides each Mil to 18 minutes. The second holds that an average person can only walk 30 Mil in 12 hours, thus each mil subdivides to 24 minutes.

[40] Admur ibid; See also Siddur Admur [24 minutes]; Admur 249:3 [Mil is 24 minutes regarding traveling Erev Shabbos]; 184:3 [Mil is 18 minutes regarding Shiur Ikkul of blessings]; So also rules: Peri Chadash Y.D. 69:26; Kitzur SHU”A 36:11

[41] Admur ibid

[42] Admur 459:9; Michaber 459:2; Pesachim 48b; See Aruch Hashulchan 459:7

Other opinions: Some Poskim rule that the working on the Matzah does not interrupt the 18 minutes, and hence all Matzahs must be baked within 18 minutes of the start of kneading. [Bach 459 in name of Riaz[

[43] Admur ibid; M”A 459:4; Terumos Hadeshen 123

Other opinions: Some Poskim suspect that perhaps the total amount of 18/24 minutes without working on the dough does make the dough become Chametz, even it never remained a consecutive 18/24 minutes without being worked on. [Rama 459:2; Maharil 51; Aruch Hashulchan 459:7; See M”B 459:16]

^[44] Admur 466:16; Michaber 466:6; Pesachim 39b

[45] Regarding under the sun: Admur 459:1-6; Michaber 459:1; Pesachim 42a; Regarding near an oven: Admur 459:7 and 11; Michaber 459:1; Rama 459:2; Hagahos Maimanis; Mordechai; Regarding warming with hands: Admur 459:9 and 11; Rosh Kelal 14

[46] Admur 462:3 and 466:3; Michaber 462:2; Rambam 5:2 based on Pesachim ibid

[47] The ingredients of playdough: Playdough can be made in a variety of ways. Most play doughs on the market, consist of flour and water. Home-made recipes will include salt, flour or corn starch, a vegetable, canola, or olive oil and cream of tartar. Nevertheless, there are some companies that make it from other non-chametz ingredients. Non-Chametz based play doughs are commonly called Plasticine [Plastalina in Hebrew] or silly putty. If one desires to have play dough over Pesach, he is to verify the brand that is being used, and the ingredients they use to make their dough. Most play doughs using real flour, will feel softer than regular silly putty or Plastelina and can hence be told apart.

[48] Ingredients provided by the Play-Doh company “Hasbro”: The compound is primarily a mixture of water, salt, and flour.

[49] Play-doh is consumable and does not contain any poisons or dangerous material for a human. It thus must be destroyed just like a piece of actual dough. It does not follow the allowance of owning Chametz that is not food, which is brought in 422:22, as there it is referring to Taaruvos Chametz while here it is Chametz Beiyn. Nevertheless, perhaps it should be viewed as Chametz Nuksha being that it is not meant to be eaten and is hence exactly similar to the dough made by the Sofrim, mentioned in 442:20, which is Chametz Nuksha. Thus, although it must be destroyed or sold to the gentile before Pesach, if one did not do so and found play-doh on Pesach, it is be destroyed without a blessing as is the law by Chametz Nuksha in 442:20.

[50] Admur 442:20

[51] Admur ibid

[52] Admur 467:1-13 and 25-65; See also 447:22; 453:8-13; Whole Grain soaked in fruit juice: 462:9; 466:2 [soaked in blood for less than 24 hours]

[53] Admur 453:9

[54] Admur 467:1 and 32; However see Admur 436:19 regarding kernels on bottom of a pit that “even if some of the kernels have split, it is very likely that this splitting is not due to its becoming Chametz but due to spoiling and loss of the kernel, as it is common for the kernels by the floor and walls of the pit to split due to spoiling and loss, and they are not Chametz at all.”

[55] Admur 467:2, 7 and 25

[56] Admur 467:25 and 7

[57] Admur 467:5

[58] Shulchan Aruch Chapter 467

[59] Admur 453:19

[60] Admur 462:3; Rama 462:4

[61] Admur 462:3 regarding water and 462:6 regarding fruit juice, even if there is 60x against it!

[62] Admur 462:3; Michaber 462:2; Pesachim 36a

[63] Admur 462:7 “All the above is from the letter of the law, however in these provinces the custom is not to knead even with only fruit juice, and if one transgressed and kneaded it with 100% fruit juice, it is not eaten on Pesach even if it was baked immediately.”; Rama 462:4 “In these provinces the custom is not to knead with fruit juice”; Drashos Maharil Shabbos Hagadol p. 57

The reason: As we suspect perhaps a drop of water became mixed into the dough, and even a slight delay in the baking can render it Chametz. [Admur ibid; Drashos Maharil ibid; Levush 461:5; Gr”a 461] One may not swerve from this custom, as there are opinions [Raavad 5:2; Rashi Pesachim 36a; opinion brought in Admur 462:7] who rule that from the letter of the law [even 100%] fruit juice makes flour into Rabbinical Chametz even quicker than water, [in even less than 18:24 minutes], and has the same status as dough that was kneaded with a mixture of fruit juice and water, [of which even the dissenting opinion agrees it can become Chametz instantly]. [Admur ibid; Maharil ibid; Gr”a ibid brings both reasons as does Admur; P”M 462 A”A 4 “There are many reasons, although the main reason is to suspect for the opinion of Rashi”; Thus, in total there are two reasons why we do not eat Matzah Ashira over Pesach: 1) Perhaps it got water mixed inside and was not baked immediately and is hence Chametz. 2) Perhaps we rule like Rashi that Matzah Ashira is Rabbinical Chametz if it was not baked immediately.] Alternatively, another reason mentioned, is because one may come to eat Matzah Ashira on the night of the Seder and not be Yotzei the Mitzvah. [Levush ibid; Kaf Hachaim 462:40

[64] Admur ibid; Olas Shabbos 462:7; Chayeh Adam 126:7; M”B 462:18

The reason: Even if one transgressed and kneaded it with 100% fruit juice and baked it immediately, it is not eaten on Pesach, as we suspect that if we allow him to eat it, perhaps in another occurrence he will not bake it immediately, as the thought that perhaps some water got mixed in will not occur to him. [Admur ibid]

[65] Admur ibid; Mahari Zayin, brought in Birkeiy Yosef 462:8; Kaf Hachaim 462:42

[66] Rav Avraham Azulaiy; Shaareiy Yeshua 6:4; Nechpa Bakesef p. 176; Birkeiy Yosef 462:7; Kaf Hachaim 462:41

[67] Kaf Hachaim ibid

[68] Admur ibid; Rama ibid

[69] Elya Raba 461:4; Kaf Hachaim 461:48

[70] See Admur 462:7 “One does not eat it on Pesach” and Admur 462:3 “If he transgressed and kneaded it with fruit juice and water and did not bake it immediately, it is forbidden to be eaten, but may be owned, so long as it did not stay a Shiur Mil without being worked on”

[71] Admur 462:1 and 6; 444:2; 454:4; 471:4; Michaber 462:1; Pesachim 36a

[72] The reason: As the Torah says to eat “Lechem Oini” which is poor man’s bread and not Matzah Ashira, which “rich man’s bread”. Furthermore, one can only fulfill his obligation with Matzah that will become Chametz if it were not guarded against becoming Chametz, [and flour that is mixed with 100% fruit juice cannot become Chametz, as explained next]. [Admur ibid]

[73] Admur 444:3; 471:6

Other opinions: Some Poskim rule that even according to Ashkenazim one may eat Matzah Ashira [egg Matzah] until midday. [Noda Beyehuda 21 brought in Kaf Hachaim 443:7] However, practically, the custom is to avoid eating Matzah Ashira beginning from the time that one must stop eating Chametz, which is the beginning of the 5^th hour. [Piskeiy Teshuvos 444:3]

[74] So was the position of Rav Mordechai Eliyahu, Rav Yaakov Yosef, and others

^[75] Admur 442:20 and 459:13; M”A 442:1; Pesachim 43a and Mishneh 48b

[76] Admur ibid; Pesachim 42a-43

^[77] Lit. not fit for eating unless is time of dechak

[78] Admur ibid; Mishneh 48b; Pesachim 43a

^[79] The reason: As the Torah only forbade complete Chametz [i.e. Chametz Gamur] that is fit to be eaten. Now, since the dough is not fit to be eaten [unless in a pressing situation] it is not considered Chametz at all. [Admur ibid]

[80] The reason: The reason it is forbidden to even be owned, is because one may come to forget and eat it on Pesach, being that it is still edible in a pressing situation. [Admur ibid; M”A ibid]

^[81] Admur 442:21; Michaber 442:2; Pesachim 45b

Sour Chametz: If the Chametz did not spoil but is too sour to be edible for a dog, since it can still be used to leaven bread, therefore it is still considered Chametz. [Biur Halacha 442]

Yeast: Some Poskim rule that spoiled yeast is not Chametz if it is no longer edible to a dog. [Rambam; Kesef Mishneh; Maggid Mishan; Magan Avraham] Other Poskim rule that even if yeast spoiled to point it is not edible for a dog, it remains forbidden as Chametz as it can still give fermentation to other yeasts. [Ravaad; Pri Chadash]  See Biur Halacha 442

[82] Admur ibid; M”A 442:1

[83] The reason its forbidden even though it’s not edible to humans: Although in general we rule that any food that is not edible for humans does not contain a Biblical Kashrus prohibition [see Rama Y.D. 155:1] nonetheless, regarding Chametz, it must reach a state that it is inedible even for animals, as the Torah prohibits even yeast, which is inedible for humans in its natural state. Thus, any Chametz that still contains the ability to ferment dough, like yeast, contains the prohibition. It is only after Chametz reaches a state that it is not fit even for a dog, which it loses all its leavening powers, and is thus no longer prohibited. [M”A 442:14; Ran; See P”M 442 A”A 2 and 14 for a lengthy discussion on this matter; M”B 442:9; Biur Halacha 442]

The reason it is not considered Chametz Nuksha: The above spoiled Chametz is not considered under the category of Chametz Nuksha, being that it was originally fit to be eaten. Chametz Nuksha only refers to Chametz that from the time of its initial leavening it was not fit for eating unless in a pressing situation. Such Chametz was never fit for regular eating in its entire leavened lifespan. However, Chametz that was fit for eating even for moment during its leavened lifespan, remains forbidden even after spoilage for human consumption. [Admur ibid]

[84] Admur 442:21 and 32-34; 433:25 and 445:4 and 11 and 466:3; Michaber 442:9 and 445:2; Pesachim 21b; Rif Pesachim 13b; See P”M 442 A”A 14

[85] The reason: As if the Chametz is inedible even to dogs by the time the obligation to destroy Chametz arrives, then this obligation does not befall onto this form of Chametz, as it does not have a status of food and is considered like mere dust. [Admur ibid]

[86] Admur 445:11; 442:24 “Any item that is permitted to be owned on Pesach may likewise be benefited from”; Michaber 445:2; Pesachim 21b

[87] Admur 442:32 and 445:11; Michaber 442:9 and 445:2; Pesachim ibid

[88] Admur 442:32 and 22; Implication of Michaber 442:9; Taz 442:8; Bach 442; Tur 442 in name of Rosh and Riy Abartzelona; Rabbeinu Yeurcham 5:13; Terumos Hadeshen 129; Erech Hashulchan 442:5; Kaf Hachaim 442:99

The reason: Although if the Chametz became inedible even for dogs before the 6^th hour on Erev Pesach it is permitted to own on Pesach, nevertheless, it is forbidden to be eaten, as although it’s not [Biblically] considered food at all, nevertheless, since the person intends to eat it, he gives it a status of food, and it is thus Rabbinically considered for him like complete food due to the thoughts that he has of eating from it. [Admur ibid; Taz ibid; Terumos Hadeshen 129; see Rama Y.D. 155:1]

Other opinions: Some Poskim rule the Chametz is permitted to even be eaten. [Peri Chadash and Rashbatz, brought in Kaf Hachaim ibid]

[89] Admur 442:21 and 34; Yerushalmi 2:6 as explains Ran and Maggid Mishneh; See P”M 442 A”A 14

[90] The reason: As since it retained a Chametz status for even one moment after [the prohibition of Chametz began and] the time of its destruction arrived, this Chametz status remains forever intact until one destroys the Chametz completely from the world in the same method required to be done to all other Chametz [as explained in 445:3-7 that it must be destroyed from the world and spoiling it is not enough.]. [Admur ibid]

[91] Admur 442:21

[92] Admur 445:8

^[93] Piskeiy Teshuvah 442:3

[94] Admur 442:7

The reason: It is forbidden to eat any amount of Chametz, even less than a kezayis, and even if the Chametz has mixed into another food and only gives taste, as Chetzi Shiur is Biblically forbidden by all food prohibitions mentioned in the Torah. This is learned from the verse which states “Kol Cheilev,” which is coming to include even Chetzi Shiur. [Admur 442:28]

Food cooked in a Chametz pot: Non-Chamtez food that was cooked in a Chametz pot has the following ruling: If the pot was not Ben Yomo of Chametz, then if the food was cooked on Erev Pesach, before the nighttime, and was supervised for the sake of Pesach, then the food is permitted. [Admur 447:18] If the food was not supervised for the sake of Pesach, then the food is forbidden. [Admur 447:43] If the food was supervised, but was cooked in a Ben Yomo Chametz pot, then some Poskim rule the food remains permitted to eat on Pesach, as its Nat Bar Nat Lehetera. [1^st opinion in Admur 442:8] However, other Poskim rule it is forbidden to be eaten on Pesach, if the food does not contain 60x the pot, as the leniency of Nat bar Nat only applies in a case of meat and milk where a new prohibition is to be made. [2^nd opinion in Admur 442:8] Practically, we are stringent, and one may not eat the food on Pesach. [Admur 442:8; See also 447:45] All the above refers to a case that the food was cooked in a Chametz pot on Erev Pesach or prior. If, however, the above occurred during Pesach, from the night of the 15^th and onwards, then the food is always Rabbinically forbidden to be eaten, whether the pot was Ben Yomo or not. [Admur 447:8]

[95] See Rama Y.D. 98:1

[96] Admur ibid

[97] When does the Kareis penalty apply for one who eats Taaruvos of Chametz? One only receives the penalty of Kareis for eating Chametz if all the following conditions are fulfilled: 1) One eats a Kezayis of [the mixture]. And 2) One eats the Kezayis within the amount of time it takes to eat a Pras of bread [between 4-11 minutes]. And 3) The Chametz gives taste to the mixture. And 4) There is a Kezayis of Chametz within the mixture, within the amount of time it takes to eat a Pras of the mixture. [27 grams per every 174 grams of the mixture, which is 16.7 % or 1:6 of the total ingredients – Admur 442:1; Seder 8:2 in parentheses that a Peras is “Three Kibeitzas.” This is the second opinion in Admur 612:4, and so is written in the manuscript here in the Minyan Hamitzvos of Admur] It makes no difference if the Chametz in the mixture is liquid or solid. If conditions 1 or 2 were not fulfilled, although the mixture remains Biblically forbidden to be eaten if it contains Chametz taste, nevertheless, it does not contain the penalty of Kareis or lashes. Likewise, if condition 4 was not fulfilled, then if within the time of Achilas Peras [4-11 minutes] one eats less than a kezayis of Chametz [not of the mixture], then although the mixture remains Biblically forbidden to be eaten if it contains Chametz taste, nevertheless, it does not contain the penalty of Kareis or lashes. [See Admur 442:1 and 442:9; Admur in Minyan Hamitzvos of Taaruvos Chametz]

[98] See Glosses of Mahril in 442:9; M”B 169:1; Rashi Kesubos 61a

[99] How can a mixture contain a Kezayis within Achilas Peras and not contain the taste of Chametz? Although a Kezayis within Peras is 16% of the mixture, and is certainly not nullified in 60x, nevertheless, in truth, according to Biblical law, one does not require 60x, and so long as the taste cannot be felt, for whatever reason, it is nullified. [see Shach 98:4; Beis Yosef 98; Rashba Toras Habayis Haruch 4:1; Ran Chulin 34a] Accordingly, it is possible to have a mixture with 16% Chametz and it does not give taste but does give sourness. Alternatively, one can say that when grains are placed in certain foods, the foods conquer the taste of the grain and change it to a different taste, and hence by the Kutach, or alcohol, it’s possible to have 17% grain and there not be any taste of the original grain, but rather a different taste, and it hence does not need Bitul, and would be permitted if not for the fact that the Torah prohibited also Machmetzes. [See Baal Hamaor Pesachim 44a] Vetzaruch Iyun!

[100] Admur in Minyan Hamitzvos of Taaruvos Chametz; See glosses of Mahril in 442:9 regarding beer; See Pesachim 43a-44a; Tur 442; Beis Yosef 442; Peri Chadash 442; P”M Pesicha Koleles 2; Rambam Hilchos Chametz 1:6; Ramban on Sefer Hamitzvos 197

The cases with a Biblical prohibition and lashes penalty: Taaruvos Chametz that has Kiyuha but not taste is never under the penalty of Kareis, although is under the penalty of lashes if the mixture contains a Kezayis of Chametz within a Peras. [Admur ibid; This refers to 27 grams per every 174 grams of the mixture, which is 16.7 % or 1:6 of the total ingredients. Alternatively, by a Taaruvos Chametz dip, such as the Kutach Habavli, the definition of Peras is the amount of time it takes to eat a peras of bread dipped in the dip [174 grams of bread dipped into the dip] and not 174 grams of the actual dip. Piskei Dinim Tzemach Tzedek 442:1; See glosses of Maharil ibid] If, however, there is not a Kezayis of Chametz within Peras then [although it remains a Biblical prohibition to eat, just as is the law with Taam Kikur, nevertheless] lashes is not given. [See Rosh, brought in Baal Hamaor ibid; Chachamim Pesachim 43a “Does not transgress anything”; Maharil in manuscript on Admur ibid implies that one does transgress, but there is simply not lashes.]

[101] Admur 442:6 and 22; Kuntrus Achron 442:5 and 11 in name of Rashba and many Poskim and that in Y.D. everyone agrees to him; M”A 442:1 in name of Rashba; Beis Yosef end of 134 in name of  Rashba and Raavad; Rashba 3:214; Tashbeitz 3:10; Birkeiy Yosef Y.D. 134 Shiyurei Bracha 4; Divrei Chaim Y.D. 2:53; Maharam Shick O.C. 9; Imrei Eish Y.D. 1:42; Avnei Tzedek O.C. 51; Sdei Chemed Vol. 1 Mareches Alef 360; Arugas Habosem 15; Atzei Halevanos Y.D. 43; Tiferes Shmuel 17; Rav Tuvia Gefen in Karnei Hod p. 24 regarding Coca Cola

Other opinions: Some Poskim rule that even intentional ingredients are nullified in 60x. [Rambam Machalos Assuros 3:13; Riy Migash in Avoda Zara 13b; Noda Beyehuda Tinyana Y.D. 56-57; Pischeiy Teshuvah Y.D. 134:8; Gilyon Mahrsha 138]

[102] Based on Admur ibid; see also 466:9-10

[103] Admur 442:10

[104] Admur 447:43

[105] Admur 447/20

[106] Admur 447:1; There are opinions who say that all foods which have any Chametz in them become resurrected on Pesach night and hence become forbidden even if the Chametz was nullified in 60x before Pesach. Thus, according to this opinion, there is never a case of Taaruvos of Chametz that is allowed to be eaten after the first night of Pesach. Practically, the final ruling is like the lenient opinion, although if one wants to be stringent he may do so, although he should not rule this way for others. [Admur 447/22]

[107] Admur 442:1

^[108] Admur 442:1

The reason: Although if one eats from this mixture, he does not receive the penalty of Kareis or lashes [and is only Biblically forbidden to be eaten due to its Chamtez taste], as explained above, nevertheless it is Biblically forbidden to own it on Pesach, as the entire Kezayis is resting within one vessel, and is mixed with the food and hence joins for a Kezayis. [Admur ibid] Accordingly, [since it is viewed as a Kezayis] it is Biblically forbidden to own even though one does not see it, as the verse says “Lo Yeraeh: do not see it” and here it is possible to see it and it is simply that one cannot tell which part is the Chametz and which is the mixture. [Gloss in 442:7]

[109] See previous footnotes as to how this case is possible if there is 17% Chametz in the mixture.

[110] Gloss of Maharil in Hakdama to Minyan Hamitzvos and in 442:9 that Biblically one may not own it on Pesach if it contains a Kezayis of Chametz within Peras. However, if it contains a Kezayis in more than a Peras [less than 17%] then since one does not receive lashes for eating it, likewise one does not transgress Baal Yiraeh upon owning it. [Gloss of Maharil in Hakdama ibid; Vetzaruch Iyun from Admur 442:1 who writes that it is Mitzareif if it gives taste] Accordingly, in a case of very great loss, one may rely on those opinions who rule that if it gives no taste and only gives fermentation, then if the drink is so strong that a kezayis of Chametz cannot be drunk within a pras of time, then it only Rabbinically needs to be destroyed on Pesach. One may only rely on this opinion with regards to after Pesach to permit it in benefit, or to sell, and only in a case of very great loss. [Gloss of Maharil in 442:9]

[111] Admur 442:3, 28 [Vetzaruch Iyun from 442:7 which implies that even less than a Kezayis of Mamashus in a mixture has a Biblical prohibition, and only when there is mere taste is it not Biblically forbidden; See Kuntrus Achron 446:1; Rav Levin in Hearos Ubiurim 843 p. 30; next footnote!]

The reason: As the Torah did not forbid owning less than a Kezayis of Chametz. [Admur 442:28]

[112] Admur 442:3, 28

The reason: The Sages forbade one from owning it due to worry that it may lead one to own a mixture which does contain a Kezayis of Chametz in it [i.e. Atu Kezayis], which is Biblically forbidden to be owned. [Admur ibid] Alternatively, it is forbidden because one may come to eat it. [Admur 442:7 regarding a mixture that does not contain any actual Chametz at, but only taste] Vetzaruch Iyun why Admur ibid omitted this reason. However, one can suggest as follows: The practical ramification between the reasons is whether one transgresses a Rabbinical Baal Yiraeh prohibition, and consequently, whether one should destroy the Chametz with a blessing on Pesach if he did not perform Bittul. According to the former reason, which is relevant to Mamashus of Chametz less than a Kezayis, a Rabbinical Baal Yiraeh is transgressed, and a blessing is to be said, if Bittul was not performed, while according to the latter reason, there is never a transgression of Baal Yiraeh and a blessing is never recited upon destroying it. [See Admur ibid and Kuntrus Achron 446:1] Accordingly, in this case Admur only records the former reason, as the second reason is not necessary, and only diminishes from the quality of the Rabbinical prohibition.

If one did Bittul: The above Rabbinical prohibition of owning the food applies even if one nullified the Chametz before Peach, due to a decree that one may come to eat it. [Admur 442:28] If one did not do bittul then it is additionally forbidden due to the decree of “Atu Kezayis” and not just because one may come to eat it. [See Admur ibid] The practical ramification is regarding destroying it on Pesach, and whether a blessing is said. If one did Bittul, a blessing is not recited, while if one did not do Bittul then a blessing is recited. [Admur 446:3-4; See Halacha 9B!]

[113] The reason: As the Torah says “Lo Yeraeh”, and here the Chametz is not visible. [Admur 442:7] Alternatively, the as the Torah did not forbid owning less than a Kezayis of Chametz. [Admur 442:28; Kuntros Achron 446:1] Vetzaruch Iyun why Admur ibid omitted this reason! See next!

The novelty of this ruling: Possibly, the is the novelty of this case is that even if had a Kezayis of Chametz taste enter into the food it is nevertheless till not under Biblical prohibition of ownership, as otherwise it is included in the ruling in 442:1 regarding less than a Kezayis. Hence, seemingly the novelty is that although we hold Taam Kikur Deoraisa, nonetheless regarding owning, it is only forbidden if one actually sees Chamtez, and not just its taste. Vetzaruch Iyun

[114] Admur 442:7

The reason: It is Rabbinically forbidden to be owned on Pesach due to a decree that if one were allowed to own it then he may come to eat it. [Admur ibid]; See previous footnotes that according to this reason, one never transgresses the Rabbinical Baal Yiraeh prohibition, and consequently a blessing is never recited upon destroying it on Pesach. [See Admur ibid; Kuntrus Achron 446:1]

[115] Admur 442:6

[116] Based on Admur ibid; see also 466:9-11 from where it is implied that it is forbidden to own in any scenario, even if the crumb is not separable and became one unit because we suspect for the opinion who hold that Yaveish is never nullified in Lach..

[117] Admur 442:10

[118] As stated in the previous footnotes

[119] Admur 442:8

The reason: Although there are opinions who say that it is [Biblically] forbidden to be eaten on Pesach if it does not contain 60x [and is thus Rabbinically forbidden to be owned], nevertheless since [according to all it is Biblically permitted to own on Pesach, and] there are those who say that it is even permitted to eat on Pesach, one may therefore rely on their opinion and be lenient [as safek Dirabana is Likula] to own it on Pesach [and eat it after Pesach]. Nonetheless, one should place it in a hidden area during Pesach. [Admur ibid]

^[120] Admur 447:1

Chametz Nuksha fell into food: Being that Chametz nuksha [is only forbidden Rabbinically and thus] does not carry with it a penalty of Kareis, therefore it can become nullified in a mixture even on Pesach, just like is the law with regards to Chametz that falls into a mixture prior to the night of Pesach. [Admur 447:18; Rav Mordechai Belinuv in Paamei Yaakov 16:27]

Food cooked in a Chametz pot: Food that was cooked in a Chametz pot on Pesach from the night of the 15^th and onwards is forbidden according to all if the pot was Ben Yomo of Chametz. If the pot was not Ben Yomo, then it is disputed in Poskim as to whether the food is permitted, and practically, the Ashkenazi custom is to be stringent. [Admur 447:8]

[121] The reason: The reason for this Rabbinical institution is because the Torah is very strict regarding Chametz, giving it a punishment of Kareis for eating, and a double negative command against owning it. Thus, being that people are so used to eating Chametz throughout the year and may come to forget about the prohibition, therefore the Rabbis enacted stricter measures regarding Chametz mixtures. [Admur ibid] The reason this decree only applies to Chametz mixed in from the night of Pesach and onwards is because the Kareis punishment, [and double negative command] only begin to take effect from the night of Pesach and onwards. Beforehand, even after the 6^th hour of the day, although it is Biblically prohibited to eat or get pleasure from, nevertheless there is no Kareis penalty, [or negative command involved]. Thus, from the 6^th hour until the night of Pesach begins all Chametz Taaruvos have all the classical nullification laws of issur and heter apply, that by a Lach Bilach mixture its nullified in 60x, while by a Yaveish Behaves mixture its nullified in majority. The reason Chametz that gets mixed into other mixtures is not considered a Davar Sheyeish Lo Matirin, which would make it not nullified even before Pesach, is because even after Pesach, Chametz which is Beiyno remains prohibited if it was owned over Pesach, and thus it is only permitted after Pesach if there is majority of non-Chametz against the Chametz.  [Admur 447:18]

[122] See Admur 447:1-2

[123] Admur 451:34

[124] Admur 467:29-30

[125] Admur 442:24; M”A 442:7 regarding the Tiraka; Chok Yaakov 447:13 and 18; Implication of Terumos Hadeshen 113

^[126] See Piskeiy Teshuvos 447:1

^[127] Shaareiy Teshuvah 467:12; Poskim in Sdei Chemed 3:16; Binyan Shlomo 24; Maharsham 1:223; 7:4; Shnos Chaim 300 in name of Gur Aryeh Yehuda 49

[128] The reason: As no one is transgressing Baal Yiraeh on this Chametz, and thus the reason for the decree of the Sages as not as relevant. [ibid] There are opinions who say that it is for this reason that it is permitted to drink the water of rivers and the like even though they for certain have bread which have been in them for 24 hours, as by ownerless Chametz we say that it is nullified in 60x. [Shnos Chaim ibid]

^[129] Peri Megadim 448 A”A 1; Beis Yitzchak 2:10; Avnei Nezer 274; Toras Chesed 21

[130] Poskim in Sdei Chemed ibid

^[131] Admur 442:25

[132] The reason: As by the time Pesach arrives the Chametz has already hardened and lost its texture. Alternatively, it is permitted as it is no longer edible for a dog and is like mere dust of the earth. [Admur ibid]

[133] Admur 442:26

The reason: Its forbidden to eat just as is the law with all spoiled Chametz. See however next footnote!

[134] Implication of Admur 442:26 who forbids wearing such Chametz near foods; Rav Mordechai Belinuv in Paamei Yaakov 16:27

The reason: Although the flour starch that is on the clothing and other items loses its texture after thirty days and hence is allowed to be owned over Pesach even if the flour is visible and there is a Kezayis of flour on the garment, [Admur 442:25; Michaber 422:3] nevertheless, since the flour is still edible to a dog it therefore contains a complete eating prohibition. For this reason, it is forbidden to place it in proximity to food, as if it falls into food it is not nullified in majority but rather requires 60x. [see Admur 447:18] This is unlike Chametz that has spoiled to the point it is no longer fit for a dog, in which case majority suffices. [Admur 442:33] Accordingly, there are four levels of Chametz: 1) Actual Chametz which may not be owned and is never nullified; 2) Chametz Nuksha which may not be owned and is nullified in 60x; 3) Chametz that has lost its texture which may be owned but requires 60x. 4) Chametz that is spoiled for a dog which may be owned and is nullified in majority. [Paamei Yaakov ibid]

[135] See Kuntrus Achron 442:14 that the area made to stick the

[136] This applies even if the Chametz is scattered throughout the paper, and there is no single Kezayis piece in one areas, nevertheless, the paper joins it all together to form a Kezayis in this regard. [Admur ibid]

[137] 1^st opinion in Admur ibid; Rama 442:3

^[138] Admur 442:26

[139] The reason: As perhaps some of its Chametz will fly off the table cloth and land into one’s food. Likewise, the women scarves which are customarily starched with flour until they become thick are not to be worn while eating, as it is common for the flour to fly off of it. [Admur ibid]

[140] Implication of Admur ibid who does not mention any differentiation between before and after thirty days, even though in the previous Halacha a differentiation is made; Rav Mordechai Belinuv in Paamei Yaakov 16:27

The reason: Although the flour starch that is on the clothing and other items loses its texture after thirty days and hence is allowed to be owned over Pesach even if the flour is visible and there is a Kezayis of flour on the garment, [Admur 442:25; Michaber 422:3] nevertheless, since the flour is still edible to a dog it therefore contains a complete eating prohibition. For this reason it is forbidden to place it in proximity to food, as if it falls into food it is not nullified in majority but rather requires 60x. [see Admur 447:18] This is unlike Chametz that has spoiled to the point it is no longer fit for a dog, in which case majority suffices. [Admur 442:33] Accordingly, there are four levels of Chametz: 1) Actual Chametz which may not be owned and is never nullified; 2) Chametz Nuksha which may not be owned and is nullified in 60x; 3) Chametz that has lost its texture which may be owned but requires 60x. 4) Chametz that is spoiled for a dog which may be owned and is nullified in majority. [Paamei Yaakov ibid]

[141] Based on Admur 442:33; Paameiy Yaakov ibid; See above Halacha G!

[142] See Chapter 6 Halacha 4 that inedible Taaruvos Chametz is only forbidden in intentional eating

[143] Admur Hakdama to Hilchos Pesach; Rambam in his Pesicha to Hilchos Pesach

[144] Admur ibid; Rambam ibid

[145] Rambam 1:8; Magid Mishneh ibid in name of Geonim; Rosh Tur

[146] Rambam 1:1

[147] Admur ibid

[148] Admur ibid

[149] Rambam 1:3

[150] Admur 442:7; 28; Kuntrus Achron 442:17; 446:1; Rambam Chametz 1:7; Yuma 73b

The reason: It is forbidden to eat any amount of Chametz, even less than a Kezayis, and even if the Chametz has mixed into another food and only gives taste, as Chetzi Shiur is Biblically forbidden by all food prohibitions mentioned in the Torah. This is learned from the verse which states “Kol Cheilev,” which is coming to include even Chetzi Shiur [less than the standard measurement]. [Admur 442:28]

[151] When does the Kareis and lashes penalty apply for one who eats Chametz? One only receives the penalty of lashes for eating Chametz if all the following conditions are fulfilled: 1) One eats a Kezayis of the Chametz. 2) One eats the Kezayis within the amount of time it takes to eat a pras of bread [between 4-11 minutes]. [See Admur 442:1] 3) One eats the Chametz Bemeizid. [Rambam 1:1] If the above conditions are fulfilled one also receives the penalty of Kareis, if he ate the Chametz beginning from the night of the 15^th and onwards. [Rambam 1:1 and 8] Regarding the penalty of Kareis/lashes for eating Taaruvos Chametz: See Halacha 1H in footnotes!

[152] Rambam Yesodei Hatorah 5:8; See Admur 466:4 regarding benefit

Definition of irregular form of eating: See Rambam ibid that eating it together with a bitter substance which removes the benefit of the taste demotes it from being a Biblical prohibition.

[153] Admur 450:24-26; 466:5 regarding owning and benefit; Rambam Yesodei Hatorah 5:6; Birkeiy Yosef 482:1 that this applies even in a case of doubt; Kaf Hachaim 482: 10

[154] Admur 431:2 and in Minyan Hamitzvos printed prior to 429; Beis Yosef 443; Rambam Chameizt Umatzah 1:8; Rebbe Yehuda in Pesachim 28a-b; Rosh Pesachim 2:4

Other Talmudic opinions: Some Tananim were of the opinion that the prohibition of eating Chametz begins from the night of the 15^th and not on Erev Pesach. [Rebbe Shimon Bar Yochai in Pesachim ibid]

[155] Rabbinical Chametz: It is prohibited to eat Rabbinical Chametz, beginning from the same time that it is forbidden to eat or benefit from Biblical Chametz. Thus, it is forbidden to eat or benefit from starting from the Biblical time of midday. [Olas Shabbos 443:1; Chok Yosef 443:2; Kaf Hachaim 443:4] Furthermore, due to the Rabbinical decree explained next, it is Rabbinically forbidden to eat even Rabbinical Chametz starting from the 5^th hour.

[156] The source for prohibiting eating from midday: As the verse states “You shall not eat upon it Chametz”, [“it” here] refers to the Pesach sacrifice. Now, the verse is not coming to warn against eating Chametz at the time that one eats the Pesach sacrifice, which is on the night of the 15^th, as there is a verse which already states this by saying “do not eat Chametz…”. Rather, the verse is coming to warn against eating Chametz at the time of the sacrifice of the Pesach, which is from midday of the 14^th and onwards. [Admur ibid]

[157] Admur 443:1; Michaber 443:1; Rebbe Yehuda in Mishneh Pesachim 11b

[158] How to calculate the hours: Shaos Zmaniyios is calculated by dividing the number of minutes of daylight by 12. Thus, the two hours are calculated in accordance to the number of minutes that exist within the 12 hours of daylight within one’s area. Thus, [both in areas where the daylight hours are less than 60 minutes per hour, and] in places where the daylight hours is more than 60 minutes per hour, one follows the Zmaniyos amount of minutes that exist within the hour, and not 60 hour minutes. [Admur 443:4; M”A 443:3; Olas Shabbos 443:1; Chok Yosef 443:7; Chayeh Adam 123:3] For example, if there are 15 hours of daylight in ones area [900 minutes], then each hour contains 75 minutes. The reason behind this calculation is because the daytime which is between sunrise and sunset is always considered to be twelve hours whether the day is long or short. Thus, in the above example one must stop eating Chametz starting from 2 hours and 30 minutes before midday, and must sell the Chametz to the gentile by 1 hour and 15 minutes before midday.

Other opinions in Admur: Some Poskim rule that these hours are [no more than] 60 minutes each, as is the case by average days [as since these two hours are only Rabbinical therefore one may be lenient]. [brought in Admur 443:4]

[159] The reason: Although Biblically the prohibition to eat and own Chametz only begins from the end of the 6^th hour, nevertheless the sages added two more hours towards this prohibition in order to prevent one from transgressing if he gets mixed up on a cloudy day and comes to think that midday is really two hours latter then what it really is. [Admur ibid] The Sages did not prohibit eating Chametz prior to the 5^th hour [during the 4^th hour] as one will not come to make a mistake in this matter as this is the time of eating for all people [and they thus know the time]. [M”A 443:2; Kaf Hachaim 443:6]

[160] Admur 443:4; 459:10; Siddur Admur in the section beginning “Zman Kerias Shema” who counts the three hours from sunrise [unlike his ruling in 58:3 and 89:1; See Shiureiy Tziyon p. 75 footnote 16 and Glosses on Siddur of Rav Raskin 30 footnote 123]; Shiltei Giborim on Mordechai Brachos 4:3; Minchas Kohen Mavo Hashemesh 2:6 in name of Rishonim; Levush 233:1 and 266:2; Chok Yaakov; Tosafus Yom Tov Pesachim 3:2; Divrei Chamudos Brachos 4:14; Kneses Hagedola 58:8; Gr”a 459:5; Tzemach Tzedek Chidushim 3 that so is opinion of Admur in Siddur; Aruch Hashulchan 58:14; Igros Kodesh 10:294; Likkutei Sichos 29:378; Igros Moshe 1:24 “The Gr”a and Graz, are the main opinion regarding all matters.”; Chazon Ish 13:4; Orchos Rabbeinu 1:52 in name of Chazon Ish; Teshuvos Vehanhagos 1:56 in name of Brisker Rav; See Pear Hador of Machon Yerushalayim Teshuvah 44 who proves this to be the opinion of the Rambam; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration; See Piskeiy Teshuvos ibid footnote 22; See this article for the full details of this matter:

Other opinions: Some Poskim rule we calculate the hours starting from Alos Hashachar. [M”B 443:8 in name of many Poskim; M”A 233:3; Peri Chadash 89; Levush 233, 267; Admur 58:3 regarding Shema [unlike his ruling in the Siddur and 443:4; 459:10]; 89:1 regarding Davening; Terumas Hadeshen 1; Yad Aaron 58; Elya Raba 58:2; Shalmei Tzibur p. 93; Chaim Sheol 2:38-Ayin; Chesed Lealafim 58:5; Ben Ish Chaiy Vayakhel 4 that so is main opinion; Kitzur SHU”A 17:1; Shesilei Zeisim 58:2; Kaf Hachaim 58:4; Tzemach Tzedek Chidushim 3 brings a proof for this opinion, unlike Admur in Siddur, however, see Igros Kodesh 10:294 that this may not be his actual opinion; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration

[161] See previous footnote!

[162] Chida in Chaim Sheol 2:38 that so is the widespread custom; Ben Ish Chaiy Vayakhel 4 that so is custom of Bagdad; Ashel Avraham Butchach 58 that in a time of need one may rely on the later opinion; Maharshag 1:38; Sefer Bein Hashamshos of Rav Y.M. Tukichinsky that so is the custom in all Eretz Yisrael; Yisrael Vihazmanim 1:8 that so is the accepted custom amongst all Israel; Or Letziyon 2:6-1; Halichos Olam Vaeira 1:3 that so is the Sefaradi custom for many generations; Orchos Rabbeinu 1:52 in name of Steipler; Halichos Shlomo 7:12

[163] Aruch Hashulchan 58:14 “So is the main opinion and so is printed in the Luchos”; Igros Moshe 1:24 “The custom of most communities in Russia and Lita, as well as the custom of the Bnei Hayeshivos, is like the Gr”a and Graz, and so is the main opinion regarding all matters, and only select individuals were stringent in this.”; Chazon Ish 13:4 that many follow the Gr”a even initially; Orchos Rabbeinu 1:52 in name of Chazon Ish that one may follow the Gr”a even initially; Rav Avraham Chaim Naa’h stated [Printed in Yagdil Torah 6:2604] that one may even initially, eat Chametz until the end time of the Baal Hatanya, and one should not put undue pressure on the mothers to feed their children before the earlier end time. He writes that it is a Mitzvah to tell all those who did not manage to finish eating Chametz by the end of the first time, that they can even initially eat until the end of the second time. He concludes that one who desires to be stringent, should do so for himself and not direct anyone else to adapt his stringency. 

[164] Igros Kodesh 10:294; Likkutei Sichos 29:378;

[165] Admur in Siddur regarding Kerias Shema; Letter of Rav Yaakov Landau ,printed in Kovetz Yagdil Torah N.Y. Vol. 52 p. 150, that so he was instructed by the Rebbe Rashab, in name of his father the Rebbe Maharash, that even by Rabbinical matters one is to precede himself 45 minutes from the end time, and thus he was told by the Rebbe Rashab to stop eating Chametz 3/4 ‘s of an hour before the time; Rav Eli Landa Shlita confirmed with me that this is the practical Chabad custom that is to be followed [although he said 40 minutes before the time, not 45]

[166] Avraham Chaim Naa’h, printed in Yagdil Torah 6:2604

[167] Admur 443:1; Chok Yaakov 443:3; Chemed Moshe 443:1; M”B 433:3; Kaf Hachaim 443:7

Other Opinions: Some Poskim rule that one may eat Chametz Nuksha during the 5^th hour, until the 6^th hour of the day. [Noda Beyehuda 21, brought in M”B and Kaf Hachaim ibid; See Olas Shabbos 443:1; Chok Yosef 443:2; Kaf Hachaim 443:4]

[168] Admur 444:3; 471:6

Other opinions: Some Poskim rule that even according to Ashkenazim one may eat Matzah Ashira [egg Matzah] until midday. [Noda Beyehuda 21 brought in Kaf Hachaim 443:7] However, practically, the custom is to avoid eating Matzah Ashira beginning from the time that one must stop eating Chametz, which is the beginning of the 5^th hour. [Piskeiy Teshuvos 444:3]

[169] Admur 431:2

The source for prohibiting benefiting from Chametz? The verse [which describes the eating prohibition] states “Lo Yochal: Do not bring yourself to eat.” This means to say that there is no permissibility to make use of the Chametz in a way that will lead one to eat a food, even a permitted food. It is thus forbidden to receive benefit from the Chametz [such as by selling or exchanging the Chametz], as general benefits lead one to eat food, as one buys food with the money he makes from the sale of Chametz. [Admur 431:2]

[170] Admur 443:3

[171] Admur 466:4; See Rambam Yesodei Hatorah 5:8

[172] Admur 445:11; 442:24 “Any item that is permitted to be owned on Pesach may likewise be benefited from”; Michaber 445:2; Pesachim 21b

 “When destroying the Chametz prior to the 6^th hour, [being] that the Chametz is still permitted in benefit, one does not need to make a separate flame [from that of his cooking oven] for the Chametz, and he rather may burn it in his cooking oven, and use its heat to cook with, as well as he may get all other types of benefit from it. Furthermore, even after the 6^th hour one may continue to benefit from the heat derived from the Chametz if the Chametz has already been burned, before the 6^th hour, to the state of being inedible even to a dog. Nevertheless, the custom is to burn it separately [from ones cooking oven, and not benefit from it,] even when burning it prior to the 6^th hour.”

[173] Admur 445:8 “When one burns his Chametz after the 6^th hour, [being] that the Chametz is [now] prohibited in benefit, one needs to burn it individually, and may not place it in his fire used to bake or cook on. Furthermore, one may not use its light or warm oneself up from it or receive any other forms of benefit from it similar to these. Furthermore, even the charcoal/ash of the Chametz is prohibited in benefit.”

Benefiting from the non-Chametz ash: The charcoal and ash of the wood used to burn the Chametz are permitted in benefit. Thus, if one recognizes the wood ash and knows for certain that the ash is from the wood and not from the Chametz [then it may be benefited from]. If the Chametz and wood ash mixed together to the point that it is no longer recognizable as to which is which, then the entire mixture is forbidden in benefit [until after Pesach] [Furthermore] the charcoal and ash of the Chametz is not batul even in a 1000:1 ratio of wood ash to Chametz ash. The reason for this is because the Chametz ash [is considered a Davar Sheyeish Lo Matirin, being that it] becomes permitted after Pesach without needing to nullify it, and the rule is that any item which will become permitted [without needing to nullify it] is not nullified even within a 1000 against it. [Admur ibid]

May one use the Chametz ash to do the Mitzvah of covering the blood of a slaughtered bird or Chayah? It is permitted to cover the blood of a bird: chayah with the ash of the burned Chametz. The reason for this is because Mitzvos were not given to benefit from. Meaning that the Mitzvos were not given to the Jews for their fulfillment to be pleasurable for them. Rather they were given as a yolk on their necks. [Admur ibid]

What if one transgressed and used the Chametz to help fuel the fire used to cook with? See Admur 445:9-10; “A Semicha aid for learning the laws of Pesach” chapter 445!

[174] Admur 442:24; M”A 442:7 regarding the Tiraka; Chok Yaakov 447:13 and 18; Implication of Terumos Hadeshen 113

[175] Admur 431:2 and in Minyan Hamitzvos printed prior to 429; Beis Yosef 443; Rambam Chameizt Umatzah 1:8; Rebbe Yehuda in Pesachim 28a-b; Rosh Pesachim 2:4

Other Talmudic opinions: Some Tananim were of the opinion that the prohibition of eating/benefiting from Chametz begins from the night of the 15^th and not on Erev Pesach. [Rebbe Shimon Bar Yochai in Pesachim ibid]

[176] The source: [Just as it is prohibited to eat Chametz starting from midday of Erev Pesach, as explained in Halacha 3, so too it is forbidden to benefit from the Chametz from that time and on, as] the sages had received [an oral tradition] that the Chametz prohibition on the 14^th is similar to the prohibition of Chametz on the 7 days of Pesach, and being that throughout the 7 days of Pesach, Chametz is Biblically prohibited even in benefit, so too from midday of the 14^th and onwards the Chametz is prohibited even in benefit. [Admur ibid]

[177] Admur 443:3; Mishneh Pesachim 11b

[178] How to calculate the hours: The two hours are calculated in accordance to the number of minutes that exist within the 12 hours of daylight within one’s area. Thus, [both in areas where the daylight hours are less than 60 minutes per hour, and] in places where the daylight hours is more than 60 minutes per hour, one nevertheless follows the Zmaniyos amount of minutes that exist within the hour. [Admur 443:4]

Other opinions and Time of need: Since there are opinions who hold that these hours are [no more than] 60 minutes each, as is the case by average days [as since these two hours are only Rabbinical therefore one may be lenient], therefore, one may rely on this opinion in a case of great loss to sell his Chametz up to 60 minutes before midday, even if the Zmaniyos hours contain more than 60 minutes. [Admur 443:4]

therefore one may be lenient]. [brought in Admur 443:4]

[179] The reason: Although Biblically the prohibition to eat and own Chametz only begins from the end of the 6^th hour, nevertheless the sages added one more hours towards this prohibition in order to prevent one from transgressing if he gets mixed up on a cloudy day and comes to think that midday is really two hours latter then what it really is. [Admur ibid] The Sages did not prohibit eating Chametz prior to the 5^th hour [during the 4^th hour] as one will not come to make a mistake in this matter as this is the time of eating for all people [and they thus know the time]. [M”A 443:2; Kaf Hachaim 443:6]

[180] Admur 443:1

The reason: It is permitted to receive pleasure from all Chametz, even Chametz which is Biblically prohibited on Pesach, until the beginning of the 6^th hour, as the Sages did not want to decree against getting pleasure from the Chametz during the 5^th hour. [Admur ibid]

[181] Admur ibid

[182] Admur 443:2

The reason one must supervise: One must be careful to supervise the animals, to make sure that they do not hide the Chametz somewhere in his property and thus cause him to transgress Baal Yiraeh after the time of the prohibition begins. Thus, whatever is left over from their eating should be destroyed. The same applies when feeding the animals prior to the 5^th hour. [Admur ibid]

[183] Admur 443:4; 459:10; Siddur Admur in the section beginning “Zman Kerias Shema” who counts the three hours from sunrise [unlike his ruling in 58:3 and 89:1; See Shiureiy Tziyon p. 75 footnote 16 and Glosses on Siddur of Rav Raskin 30 footnote 123]; Shiltei Giborim on Mordechai Brachos 4:3; Minchas Kohen Mavo Hashemesh 2:6 in name of Rishonim; Levush 233:1 and 266:2; Chok Yaakov; Tosafus Yom Tov Pesachim 3:2; Divrei Chamudos Brachos 4:14; Kneses Hagedola 58:8; Gr”a 459:5; Tzemach Tzedek Chidushim 3 that so is opinion of Admur in Siddur; Aruch Hashulchan 58:14; Igros Kodesh 10:294; Likkutei Sichos 29:378; Igros Moshe 1:24 “The Gr”a and Graz, are the main opinion regarding all matters.”; Chazon Ish 13:4; Orchos Rabbeinu 1:52 in name of Chazon Ish; Teshuvos Vehanhagos 1:56 in name of Brisker Rav; See Pear Hador of Machon Yerushalayim Teshuvah 44 who proves this to be the opinion of the Rambam; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration; See Piskeiy Teshuvos ibid footnote 22; See this article for the full details of this matter:

Other opinions: Some Poskim rule we calculate the hours starting from Alos Hashachar. [M”B 443:8 in name of many Poskim; M”A 233:3; Peri Chadash 89; Levush 233, 267; Admur 58:3 regarding Shema [unlike his ruling in the Siddur and 443:4; 459:10]; 89:1 regarding Davening; Terumas Hadeshen 1; Yad Aaron 58; Elya Raba 58:2; Shalmei Tzibur p. 93; Chaim Sheol 2:38-Ayin; Chesed Lealafim 58:5; Ben Ish Chaiy Vayakhel 4 that so is main opinion; Kitzur SHU”A 17:1; Shesilei Zeisim 58:2; Kaf Hachaim 58:4; Tzemach Tzedek Chidushim 3 brings a proof for this opinion, unlike Admur in Siddur, however, see Igros Kodesh 10:294 that this may not be his actual opinion; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration] Regarding the sale of Chametz, some Poskim conclude that certainly one is to initially be stringent like those opinions who hold that it is calculated from dawn. [Rav Avraham Chayim Naah in Yagdil Torah 6:2604]

[184] See previous footnote!

[185] Chida in Chaim Sheol 2:38 that so is the widespread custom; Ben Ish Chaiy Vayakhel 4 that so is custom of Bagdad; Ashel Avraham Butchach 58 that in a time of need one may rely on the later opinion; Maharshag 1:38; Sefer Bein Hashamshos of Rav Y.M. Tukichinsky that so is the custom in all Eretz Yisrael; Yisrael Vihazmanim 1:8 that so is the accepted custom amongst all Israel; Or Letziyon 2:6-1; Halichos Olam Vaeira 1:3 that so is the Sefaradi custom for many generations; Orchos Rabbeinu 1:52 in name of Steipler; Halichos Shlomo 7:12

[186] Aruch Hashulchan 58:14 “So is the main opinion and so is printed in the Luchos”; Igros Moshe 1:24 “The custom of most communities in Russia and Lita, as well as the custom of the Bnei Hayeshivos, is like the Gr”a and Graz, and so is the main opinion regarding all matters, and only select individuals were stringent in this.”; Chazon Ish 13:4 that many follow the Gr”a even initially; Orchos Rabbeinu 1:52 in name of Chazon Ish that one may follow the Gr”a even initially

[187] Igros Kodesh 10:294; Likkutei Sichos 29:378;

[188] Admur in Siddur regarding Kerias Shema; Letter of Rav Yaakov Landau, printed in Kovetz Yagdil Torah N.Y. Vol. 52 p. 150, that so he was instructed by the Rebbe Rashab, in name of his father the Rebbe Maharash, that even by Rabbinical matters one is to precede himself 45 minutes from the end time, and thus he was told by the Rebbe Rashab to stop eating Chametz 3/4 ‘s of an hour before the time; Rav Eli Landa Shlita confirmed with me that this is the practical Chabad custom that is to be followed [although he said 40 minutes before the time, not 45]

[189] Printed in Yagdil Torah 6:2604

^[190] Admur 443:3

[191] Implication of Admur 443:1; See Chok Yaakov 443:3; Chemed Moshe 443:1; Kaf Hachaim 443:7; See however Olas Shabbos 443:1; Chok Yosef 443:2; Kaf Hachaim 443:4

^[192] Admur 443:3

[193] Admur ibid; Mishneh Pesachim 21a regarding selling

[194] The reason: This is forbidden due to two reasons: a) As by doing so one receives benefit from the Chametz; b) As once the time of Issur has arrived, one must destroy it from the world, and selling it does not suffice.

^[195] Admur ibid

The reason: As once the benefit prohibition has arrived, the Chametz is no longer considered his and one must thus destroy it from the world. Giving it away as a present does not suffice.

Other opinions: Some Poskim allow giving the Chametz to a gentile even after midday [Avnei Nezer O.C. 528; See also Doveiv Meisharim 1:119; Piskeiy Teshuvos 448:31]

[196] Admur ibid

Other opinions: Some Poskim allow disowning the Chametz even after midday [Avnei Nezer O.C. 528; See also Doveiv Meisharim 1:119; Piskeiy Teshuvos 448:31]

^[197] Admur ibid; Michaber 448:6; Taz 443:3; M”A 448:9; Levush 448; M”B 448:29; So rules also regarding Basar Bechalav: Taz 94:4; Admur 443:3 and Taz 443:2 regarding Chameitz, that it is forbidden to be given to even wild animals that are not owned; Toras Chatas 85:3; Kneses Hagedola 87:10; Hakdama of Yad Efrayim; Shulchan Gavoa 87:3; Erech Hashulchan 87:7; Chochmas Adam 40:2; Kaf Hachaim 87:4

The reason: As one receives benefit by fulfilling his desire to satiate the animals hunger. [M”A ibid; Levush ibid; M”B 448:28; Kaf Hachaim 448:104] This is learned from a Drasha on the word Yochal that is stated regarding Chametz. [See Levush ibid; Kaf Hachaim ibid; M”B in Shaar Hatziyon 448:75

[198] Michaber ibid

[199] Admur 450:18

[200] Admur 443:3 in parentheses; Biur Halacha 443 “Afilu”; See Shach Y.D. 108:27

Other opinions: Some Poskim rule it is always permitted to smell forbidden foods that are not designated for smelling even if they are forbidden in benefit. [Rashba; Beis Yosef; Mordechai brought in Shach 108:27; See Rama 155:3 “It goes without saying that one may spray Yayin Nesech on fire [for the sake of smelling it] even if one is healthy, as a smell is meaningless”]

[201] Admur 450:13

[202] See Michaber E.H. 28:21

^[203] Elya Raba 448:14; Beis Yosef 448; M”B 448:28; Kaf Hachaim 448:105

^[204] Shaar Hakolel 4 Seder Mechiras Chametz of Admur

^[205] Glosses of Maharsham 447:8; Piskeiy Teshuvos 443:2

[206] See Maharsham ibid and Piskeiy Teshuvos ibid

[207] Admur 433:12; Rashi; Ran; Pri Chadash

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

[208] See Halacha 7-8, and Chapter 3 for the full details of this matter!

[209] Admur 431:2; 440:2 regarding Chametz of gentile

[210] Admur 445:1

[211] Admur 431:3

[212] Admur 442:28

[213] Admur 440:2 and 8

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

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

The reason: The Mechitza serves as a Heker/reminder, so he not come to forget about the prohibition of eating Chametz, and not come to using it. [Admur 440:5]

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]

[216] Admur 440:3 and 8

[217] See Rambam Chametz Umatzah 3:4; Pesachim 5b; Vetzaruch Iyun regarding Chametz of Teruma, or Hafrashas Challha that is still by a Jew.

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

[219] 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!

[220] Admur 441:1

The reason: It is learned from a Gzeiras Hakasuv that a Mashkon automatically becomes the property of the lender for all purposes, even if the borrower stipulated at the time of giving it to him that it will only become his if he does not pay back the loan. Therefore, the lender must destroy the Mashkon before Pesach [even though that upon doing so he loses his loan, as explained in chapter 443:8]. [Admur ibid]

[221] Admur 441:10-12

In which circumstances is the collateral considered owned by the Jew? In general, a Mashkon of a gentile is not considered the property of the Jew even if he did an acquisition on the Chametz and brought it into his home. However, if when the gentile delivered the Mashkon to the Jew, he told him that if he does not pay him back by a certain date [after Pesach] then it will retroactively be considered his, then if the Jew did a form of acquisition on the Chametz, it is possible that the Jew will retroactively transgress the owning prohibition. Accordingly, the Jew must destroy it before Pesach. [Admur 441:10] If the Jew did not destroy the Chametz before Pesach and the gentile comes to pay him back with cash for the loan, then the Jew may accept the money and the Chametz may be returned to the gentile, being that the Chametz was never considered to belong to the Jew. [Admur 441:11] The above, however, only applies if the Jew did a form of acquisition on the Chametz Mashkon. If, however, no acquisition was made and the Mashkon remained in the gentile’s house, then even if the gentile told him the above stipulation, the Chametz does not need to be destroyed. The reason for this is because without a form of acquisition, the Chametz cannot retroactively transfer to the Jews ownership, as by a gentile, the giving of money alone does not suffice to make an acquisition. [Admur 441:12]

[222] Admur 441:14 [Vetzaruch Iyun how this does not contradict Admur 441:12]

[223] Admur 441:2

In which circumstances is the collateral considered owned by the Jew? In general, a Mashkon that was give by a Jew to a gentile is considered the property of the Jew even if the gentile did an acquisition on the Chametz and brought it into his home. However, if when the Jew delivered the Mashkon to the gentile, he told him that if he does not pay him back by a certain date [after Pesach] then it will retroactively be considered his, then if the gentile did a form of acquisition on the Chametz, and the Jew does not plan to pay back the gentile, then he is not obligated to destroy it before Pesach. [Admur 441:2] If after Pesach the Jew did pay back the gentile, then he is considered to have retroactively owned the Chametz during Pesach and it is forbidden in benefit. [Admur 441:3] If the Jew did not make the above stipulation that the Chametz would retroactively belong to the gentile if he does not pay him by the set date, then the Chametz is considered the Jew’s, and must be destroyed by him before Pesach. This applies even if the due date arrived before Pesach, so long as the gentile has yet to make an acquisition on the Chametz. [See Admur 441:4-7 for a dispute on this matter in a case that the Mashkon is of equal worth to the loan]

[224] See Piskeiy Teshuvos 440:1

[225] Cheishev Haeifod 1:82 in name of Tchebiner Rav based on Mahariy Levi 2:124

[226] Minchas Yitzchak 3:1; 7:26; Moadim Uzmanim 3:269

[227] Heard from Harav Yaakov Yosef za”l

The reason: As all businesses today separate money from one’s salary which goes to a pension fund, and the money of that fund may be used to purchase Chametz stocks, in one’s name. Now, since according to law the husband has no access to that money, and even in case of divorce, he may not be able to have access to her funds, therefore it is considered under her ownership, and must be sold by her. Certainly, if she began working, and receiving a pension fund, prior to the marriage, then she retains the legal rights over it.

[228] Minchas Yitzchak 3:1; Piskeiy Teshuvos 440:1

[229] The reason for this is because the money given to the bank or firm is considered a loan, and hence it is the bank/firm who have purchased stocks or partnership into the invested companies, and not the original person who gave them the money. [Minchas Yitzchak ibid]

[230] Admur 440:1

[231] Admur 433:30

[232] Admur 436:6

[233] Admur 440:1; 445:1-2; Furthermore, it can be learned from 436:20 that even Rabbinically one does not transgress, as when placed in a public area there is no greater form of disowning then this, and the sages did not decree in such a situation. However, Tzaruch Iyun from 445:1 which implies that one must also be Mafkir it. Whatever the case, it is forbidden for him to retake his Chametz after Pesach. [See Admur 448:29]

[234] In 436:20 Admur rules explicitly that he is obligated to destroy the Chametz, see there. Vetzaruch Iyun from 445:1-2 from where it’s implied that one is not even Rabbinically required to destroy it. 

[235] Admur 440:1 and 9-17

[236] Admur 440:1 and 9-17

If the Chametz belongs to a Jew: If this Chametz belongs to a Jew, then both the owner, and the Jew who is storing it in his property with liability transgress the Biblical prohibition of Baal Yiraeh Ubaal Yimatzeh. [Admur 440:1] Thus, it is possible for two people to transgress the owning prohibition on the same Chametz, just as if they are partners in the ownership.

[237] Background and Other opinions-The definition of liability: Some Poskim [Rambam Chametz 4:3] rule that one is only considered to have liability if he is legally responsible for loss and theft even if there was lack of negligence. However, if he is only responsible for loss and theft which are result of negligence, then he is not considered to have liability on the Chametz, and he may thus leave it in his house over Pesach by placing a Mechitza in front of it. [Admur 440:9] This applies even if he knows the gentile will illegally hold him liable for loss and theft even if he was not negligent. [Admur 440:10] Thus, if a legal acquisition was not made to enact this liability, such as the signing of a document or the making of an acquisition with the owner, or through other legal manners of that country, then he is not considered to have liability. [Admur 440:9-10] Other Poskim [Rashi], however, rule that if one has any type of liability over the Chametz, even if it is limited to only cases of negligence, and even if he is not legally liable but knows that the owner will illegally force him to pay for loss and damages, then it is Biblically forbidden to be in one’s home over Pesach. [Admur 440:13] Practically, one is to be stringent like the latter opinion even in a case of illegal liability, or legal liability only over negligence, and return the Chametz back to the gentile owner, or sell the Chametz to another gentile [or remove his liability from it] before the 6^th hour on Erev Pesach. If the 6^th hour has already arrived, and one has not done any of the above, then he is to return the Chametz to the gentile owner. If the owner is not around, then one may be lenient like the first opinion and not destroy the Chametz. Likewise, one may be lenient to benefit from this Chametz after Pesach. [Admur 440:16] 

Definition of negligence: Negligence here refers to that one was negligent in the guarding of the Chametz, and thus allowed it to get stolen or damaged. However, if one will be held liable for physically damaging the Chametz, such as eating it or destroying it, this is not called liability at all, as every person is held liable for damaging anyone’s objects, and this is called paying for damages rather than insurance. [See Admur 440:10 in gloss]

[238] The reason: As according to some opinions, one automatically carries liability due to negligence when an item is stored in one’s property [i.e. Shomer Chinam], even if the item belongs to a gentile. [Shach C.M. 66:126 and 301:3 according to Rambam Sechirus 2:3] Accordingly, one may not agree to store the Chametz of a gentile in one’s property unless he negates any liability of loss and damage. [Admur 441:14; 440:13 “But to guard for free”; Kuntrus Achron 440:13]

[239] See Admur 440:14

[240] Admur 440:12-16

Background-If the Chametz was brought to a gentile’s property: If a Jew stored the Chametz of a gentile in his property, and accepted liability over it, then if he later moves the Chametz back into the property of the gentile owner, he does not transgress owning it even Rabbinically. [Admur 440:15] If, however, he moved the Chametz into another gentile’s property, then if that gentile did not accept liability, according to all the Jew Biblically transgresses owning the Chametz even though it is no longer in his property. [Admur 440:12] The reason for this is because such property is considered borrowed to him. [See Admur 440:14] Furthermore, even if the Jew never brought the Chametz into his property, but simply arranged for it to go from the owner’s property to the property of another gentile [or Jew], then according to all he Biblically transgresses the owning prohibition, if the person storing the Chametz did not accept liability. [See Admur 440:14 that the property where he arranged for the Chametz to be stored is considered borrowed to him, and is thus considered his; See Kuntrus Achron 440:5] If, however the gentile did accept liability, then according to some Poskim it does not need to be destroyed being that it is not in his property. [Admur 440:12] Other Poskim, however, rule that it must be destroyed even in such a case [as this is still considered “Bateichem”, being that he has ability to move the Chametz around as he sees fit]. [Admur 440:13; See Kuntrus Achron 440:5] Practically, one is to be stringent like the latter opinion and return the Chametz back to the gentile owner, or sell the Chametz to another gentile [or remove his liability from it] before the 6^th hour on Erev Pesach. If the 6^th hour has already arrived, and one has not done any of the above, then he is to return the Chametz to the gentile owner. If the owner is not around, then one may be lenient like the first opinion and not destroy the Chametz. Likewise, one may be lenient to benefit from this Chametz after Pesach. [Admur 440:16]

[241] Admur 440:13 “And even if he rented him a room”; Rambam, as explained in Kuntrus Achron 440:8

Background and other opinions-Designating an area for the gentile’s Chametz: If one designates a corner of the home on behalf of the gentile for him to store his Chametz, then it is disputed amongst Poskim whether it may remain there during Pesach even if the Jew has liability over it. Some Poskim rule it is permitted for the Jew to tell the gentile owner that a specific area of his home has been designated to store the Chametz, and then have the gentile bring his Chametz to that designated area, and have it remain there throughout Pesach even though he has accepted liability, so long as he places a Mechitza of ten Tefach in front of the Chametz. Alternatively, the Jew can bring the Chametz to that area, if the gentile owner is supervising him do so. [Admur 440:11] Other Poskim, however, rule that even if one gives the gentile a designated spot, and even if he rents him an entire room, one is Biblically obligated to destroy it. If he has liability over it. [Admur 440:13; See Kuntrus Achron 440:5 that there is no Kinyan for renting or lending to a gentile] Practically, one is to be stringent like the latter opinion and return the Chametz back to the gentile owner, or sell the Chametz to another gentile [or remove his liability from it] before the 6^th hour on Erev Pesach. If the 6^th hour has already arrived, and one has not done any of the above, then he is to return the Chametz to the gentile owner. If the owner is not around, then one may be lenient like the first opinion and not destroy the Chametz. Likewise, one may be lenient to benefit from this Chametz after Pesach. [Admur 440:16] The above leniency, however, only applies if the Chametz remains in the designated area. If, however, one moved the Chametz out of the designated area, then according to all he Biblically transgresses owning it, and must either destroy it or return it back to the area designated to the gentile. [Admur 440:12]

Mechiras Chametz in today’s times: Vetzaruch Iyun based on the above, how today we allow our Chametz that we sell to remain in our homes, if we have liability of negligence. Some Poskim rule that it is for this reason that we rent them the room of the Chametz [so writes Admur in Shtar], as although we remain liable, the Chametz is not in our property. [Makor Chaim 448:9; See Seder Mechiras Chametz Levin p. 162] However, according to the stringent opinion above who forbids to leave the insured Chametz even in a room rented to the gentile, this does not help. However, in truth we carry no liability, even of negligence, as the gentile is storing his Chametz in his room, and we never agreed to accept liability. See Q&A for the sources on this matter!

[242] Admur 440:14-15

The reason: As the verse states “Lo Yimatzeh Bivateichem”, thus teaching us the one who has liability over Chametz only transgresses its ownership if it is within his property. One does not need to destroy the Chametz even Rabbinically, being that the actual Chametz is not his. [Admur ibid]

If the Chametz never entered one’s property: If one never entered the Chametz into his property, but rather gave it to a gentile [who accepted liability], then he does not need to destroy the Chametz. [Admur 440:14]

[243] Admur 440:14

The reason: As in such a case, the gentile who is storing the Chametz has not lended the area to the Jewish person who has liability, but rather to the gentile owner who has asked for the Chametz to be stored by him. [Admur ibid]

[244] Admur 440:16

[245] See Kuntrus Achron 440:11 as to how the sale is valid if the actual Chametz does not belong to him

[246] Admur in gloss on Kuntrus Achron 440:11

The reason: As the Chametz is not his to nullify.

[247] Admur ibid and 440:12 that after the 6^th hour he can return the Chametz to the area designated to the gentile owner; By doing so one escapes transgressing the owning prohibition on Chametz that he has liability on, as explained in Halacha 5C, that the prohibition of liability only applies if the Chametz is in one’s property. The novelty here is that this method is valid anytime throughout Pesach, and one is not required to destroy the Chametz, as is the law by classical Chametz that one owns, in which case it must be destroyed after the 6^th hour of the day!

[248] Admur 443:6-7

[249] See Admur 440:16 who permits selling the Chametz to another gentile in order to escape ownership due to liability, perhaps here too, if one includes in the Mechira any Chametz that he has liability over, then he no longer transgresses. To note that some Batei Dinim include in their Shtar Mechira that it includes also any Chametz that they have liability over. [See Piskeiy Teshuvos 440 footnote 13]

[250] See Seder Mechiras Chametz Levin p. 162

[251] Admur 448:7; M”A 448:4; Taz 448:4; Bach 448

[252] See Admur 448:7 “Nevertheless, if possible it is proper for the gentile to remove the Chametz from the property of the Jew before Pesach as otherwise it appears as if the Jew has accepted to store the gentiles Chametz in his home and has thus accepted liability of damage over it.”

[253] Makor Chaim 448:9; See however Sheiris Yehuda 8, brought in Shaar Hakolel 18 who counters this claim; Seder Mechiras Chametz Levin p. 162

[254] Makor Chaim 448:9

[255] Shearim Hametzuyanim Behalacha 114:29; Piskeiy Teshuvos 440:2

[256] As although Jewish owner is obligated to sell his Chametz to a gentile before Pesach, this does not cause another Jew who has liability on the Chametz to transgress, if the Chametz is not in his property. However, see Piskeiy Teshuvos ibid that the custom is for the insurance companies to sell the Chametz under their liability when they perform Mechiras Chametz, as is detailed in the Mechira document. Vetzaruch Iyun as for what purpose this is done, however, perhaps it’s done as a form of Zachin Leadam Shelo Befanav, to save a Jewish owner from transgression.

[257] See Michaber C.M. 303:2 and Shach C.M. 301:3 that according to the Rambam this applies even by the Chametz of a gentile regarding liability for negligence, and so rules Admur 441:14, 440:13 and Kuntrus Achron 440:6 to suspect for this opinion Lechatchila.

[258] See Halacha 11 regarding doing business with Chametz, and Q&A regarding delivering Chametz

[259] Admur 440:1

[260] Admur 431:2; 440:2; Regarding Hekdish, see Rambam Chametz Umatzah 3:4; Pesachim 5b

[261] Admur 440:1

[262] Admur 440:9

[263] Admur 440:1; 440:11

[264] Rambam Chametz 1:2-3; It is implied from Admur 440:1 that whenever one transgresses the prohibition of owning Chametz, one transgresses both prohibitions, even if the Chametz is not seen, or it is not in his house. However, there are Halachas where Admur rules that one only transgresses Baal Yimatzei. See Kuntrus Achron 446:2 where Admur states “According to some opinions Baal Yiraeh and Baal Yimatzeh are two negative commands over the same transgression.” Vetzaruch Iyun

[265] Admur 442:28; Kuntrus Achron 442:17; M”A 444:14; Chok Yaakov 444:15; Chacham Tzevi 86; Shagas Aryeh 81; Tzemach tzedek Y.D. 16:10; Beis Hillel in Mishneh Beitza 2a; See Likkutei Sichos 7:110 footnote 36

Other opinions: Some Poskim rule it is forbidden even Biblically to own less than a Kezayis of Chametz, as it is considered Chetzi Shiur, and Chetzi Shiur is Biblically forbidden by all Torah prohibitions, including owning. [Maharam Chalvah Pesachim; Tzelach Pesachim 44a in opinion of Tosafos; P”M 340; 442 A”A 10]

[266] The reason: As the verse states “Lo Sochal Alav Chametz…Velo Yeraeh Lecha Seor.” From here the sages learn that just like regarding prohibition of eating Chametz there is a minimal measurement of a kezayis [for the penalty of kareis], so too regarding the prohibition of owning Chametz, it is only prohibited if one owns a Kezayis. [Admur ibid] The reason we do not Biblically prohibit it due to Chetzi Shiur, is because the rule of Chetzi Shiur only applies by eating prohibitions. [Implication of Admur ibid; Chacham Tzevi 86, brought in Admur Kuntrus Achron 442:17] This applies even according to the Rambam and Michaber ibid. [Kuntrus Achron ibid] However, Tzaruch Iyun from other areas of Admur where he applies the prohibition of Chetzi Shiur by even non food matters, such as Admur Kuntrus Achron 302:1 regarding Kibus; 340:1 regarding plucking a single hair on Shabbos and 340:4 regarding writing a single letter and C.M. Gezeila; See Likkutei Sichos 7:110 footnote 36

[267] Admur 442:28 “Rabbinically, even less than a Kezayis…is obligated to be destroyed”; 446:3-4 “Even though it does not have a Kezayis, one is obligated to destroy it according to all…and therefore a blessing is said over it”; 460:5 “One will transgress a Rabbinical Baal Yiraeh and Baal Yimatzeh even if it is less than a Kezayis”; 433:13 [regarding Bedikas Chametz]; Kuntrus Achron 442:16-17; Kuntrus Achron 446:1 “And so too less than a Kezayis which one did not nullify one transgresses a Rabinical Baal Yiraeh and Baal Yimatzeh”; M”A 442:12; Michaber 442:8; Rambam 2:16

Other opinions-Lenient: Some Poskim rule it is permitted even Rabbinically to own less than a Kezayis of Chametz even if it was not nullified. [Admur Kuntrus Achron 442:18 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 Kezayis, while unnullified Chametz all agree that it is required to be destroyed. Admur in Kuntrus Achron ibid negates his understanding. However, in 446:3-4 Admur rules like the understanding of the M”A and that all agree that less than a Kezayis which was not nullified must be destroyed. Vetzaruch Iyun! The practical ramification is regarding if one may say a blessing upon destroying less than a Kezayis of Chametz on Pesach, if one did not nullify it.

[268] The reason: The Sages forbade one from owning even less than a Kezayis, due to worry that it may lead one to own a Kezayis. [Admur 442:28; Kuntrus Achron 446:1] Thus, it is forbidden to be owned due to a Rabbinical prohibition of Baal Yiraeh Ubaal Yimatzeh [and Tashbisu]. [Admur 460:5; Kuntrus Achron 446:1; See Admur 434:6] However, see Admur KU”A 442 16 gloss 1 that the prohibition is due to that one may come to eat it.

[269] Admur 442:28; 446:3; KU”A 438:2 and 446:1; See Chapter 3 Halacha 2 for the full details of this matter

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 442:28; Kuntrus Achron 446:1; See Kuntrus Achron 438:2] 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 Achron 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 Achron 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; Admur KU”A 442:18 in understanding of Rosh Pesachim 3:2 and other Poskim that all crumbs are nullified and don’t need to be destroyed; M”A 442:12 in his understanding of: Abayey in Pesachim 45a; Riy in Tosafos ibid; Rosh 3:2; Tur 442 in name of Rosh; Peri Chadash 442:7] Other Poskim rule that even nullified Chametz that is less than a Kezayis is forbidden Rabbinically due to the prohibition of Baal Yiraeh/Tashbisu, and not simply due to that one may come to eat it. [Opinion inferred from Admur 446:3 and KU”A 1; Shiltei Giborim Pesachim 3:2-2, brought in Admur KU”A 442:18 in first gloss; Ran Pesachim 3a as understands Peri Chadash 466, brought and negated in Admur KU”A ibid] Thus one who is destroying it on Pesach would destroy it with a blessing, according to this opinion.

[270] Admur 433:13 “Perhaps any crumb of Chametz fell from it”; 442:28 and 446:3 [regarding less than Kezayis]; 444:9 “The thin crumbs..” [however, possibly there it refers to more than a Kezayis]; 432:11 “Perhaps a small crumb will fall from it….and he will need to search for it as he might find something.”; 433:17 “Maybe they hid a little bit of Chametz there”; 433:18 “Perhaps it fell and a little bit of Chametz rolled under”; 433:25 “Small crumbs do not have to be picked up if they are in an area that people step on them and they get destroyed”; 433:39 “Perhaps there is in there a small amount of Chametz”; 434:1 “One must guard it so no Chametz piece break away from it”; 434:6 “The crumbs of Chametz that he did not find in his bedika are nullified on their own”; Chayeh Adam 119:10; Poskim in M”B 442:33

Other opinions in Admur: In Kuntrus Achron 442:18 Admur rules that all insignificant crumbs which are less than a Kezayis, not a Geluska Yafa, and is not dough, are automatically nullified and considered destroyed, thus implying that one is not required to search for, or destroy, insignificant crumbs of Chametz. This directly contradicts all the sources above. Perhaps in truth this Kuntrus Achron represents a retracting of Admur’s position from that which he held in his Shulchan Aruch. Vetzaruch Iyun!

[271] Admur 442:28; KU”A 442:16 gloss 1 and 442:18 gloss 3; M”A 442:10; Yireim 301; Hagahos Maimanis 2:15 Taf

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 Achron 446:1]

Other opinions: Some Poskim rule that even nullified Chametz that is less than a Kezayis is forbidden Rabbinically due to the prohibition of Baal Yiraeh/Tashbisu, and thus must be destroyed even if dirty. [Opinion inferred from Admur 446:3 and KU”A 1; Shiltei Giborim Pesachim 3:2-2, brought in Admur KU”A 442:18 in first gloss; Ran Pesachim 3a as understands Peri Chadash 466, brought and negated in Admur KU”A ibid]

May one dirty a less than Kezayis nullified piece instead of destroying it? 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. See, however Admur 444:9 and 460:6 from which it is implied that it does not suffice to throw less than Kezayis nullified crumbs onto the ground [to dirty them] and rather one must destroy them. However, perhaps there it refers to more than a kezayis. Vetzaruch Iyun!

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]

[272] Admur 442:28; See Chapter 3 Halacha 4!

[273] Admur Kuntrus Achron 442:18

[274] Admur ibid does not discuss flour, although in his discussion of dough he states that even if the kernels of flour are not considered attached according to Halacha, such as one kneaded them with fruit juice, nonetheless, it is considered a Kezayis, as we follow the eyes of people regarding this matter. Hence seemingly a Kezayis of flour is also viewed as a Kezayis and not as individual specs. Vetzaruch Iyun.

[275] The reason: As we follow the eyes of people regarding whether an item is considered attached and viewed as Chashuv. [Admur ibid]

[276] Admur 447:3

[277] 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 Yimatzei 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]

[278] Admur 447:3; 442:7 and Kuntrus Achron 442:6; M”A 451:1; Raavan Pesachim 160a

[279] 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]

^[280] Admur 431:1; Admur Kuntrus Achron 432:1 in name of Rambam; Raavad; Kesef Mishneh; Maggid Mishneh; M”A and Chok Yaakov; M”B 443:1 in name of Poskim ibid and Maharam Baruch

Other opinions: Some Poskim rule one begins to transgress the prohibition of Baal Yiraeh and Baal Yimatzeh from midday of Erev Pesach. [Rosh, brought in Admur Kuntrus Achron 432:1; Shaar Hatziyon 443:2 in name of Rashi, Rabbeinu Chananel; Ittur]

[281] The reason: As the verse states “For seven days yeast shall not be found in your home,…and you shall not see yeast in all your property for seven days”. [Thus, we learn from the verse that] prior to the 7 days, one does not transgress a negative command if he owned Chametz in his house. [Admur ibid]

^[282] Admur 431:1

[283] The source to destroy on the 14th: This is learned from the verse “Seven days you shall eat matzos, although from the 1st day you should destroy [Tashbisu] the Chametz from your homes”. The oral Torah teaches that the “1st day” in this verse refers to the 14th of Nissan, and [when it] is called the first day of the seven days of Pesach, it means to say that it is prior to the seven days. Accordingly, the verse intends to say that Matzahs are to be eaten for the 7 days, [although] the Chametz is to already be destroyed the day before the seven days.

The proof to destroy from midday: A proof to this matter [and the fact that only from midday of the 14th must it be destroyed] is learned from the verse which says, “You shall not slaughter over the Chametz the blood of the sacrifice”, which means to say that one may not slaughter the Pesach sacrifice while one still owns Chametz. Now, the time for the Pesach sacrifice [begins] from midday of the 14th and onwards, thus from this [above verse] you learn that the time for destroying the Chametz is at the time of the Pesach sacrifice, which is from midday of the 14th and onwards.

^[284] Admur 443:1; Mishneh Pesachim 11b

[285] The reason: In order to prevent one from transgressing if he gets mixed up on a cloudy day and comes to think that midday is really an hour later than its true time. [Admur ibid]

[286] Admur 443:4; 459:10; Siddur Admur in the section beginning “Zman Kerias Shema” who counts the three hours from sunrise [unlike his ruling in 58:3 and 89:1; See Shiureiy Tziyon p. 75 footnote 16 and Glosses on Siddur of Rav Raskin 30 footnote 123]; Shiltei Giborim on Mordechai Brachos 4:3; Minchas Kohen Mavo Hashemesh 2:6 in name of Rishonim; Levush 233:1 and 266:2; Chok Yaakov; Tosafus Yom Tov Pesachim 3:2; Divrei Chamudos Brachos 4:14; Kneses Hagedola 58:8; Gr”a 459:5; Tzemach Tzedek Chidushim 3 that so is opinion of Admur in Siddur; Aruch Hashulchan 58:14; Igros Kodesh 10:294; Likkutei Sichos 29:378; Igros Moshe 1:24 “The Gr”a and Graz, are the main opinion regarding all matters.”; Chazon Ish 13:4; Orchos Rabbeinu 1:52 in name of Chazon Ish; Teshuvos Vehanhagos 1:56 in name of Brisker Rav; See Pear Hador of Machon Yerushalayim Teshuvah 44 who proves this to be the opinion of the Rambam; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration; See Piskeiy Teshuvos ibid footnote 22; See this article for the full details of this matter:

Other opinions: Some Poskim rule we calculate the hours starting from Alos Hashachar. [M”B 443:8 in name of many Poskim; M”A 233:3; Peri Chadash 89; Levush 233, 267; Admur 58:3 regarding Shema [unlike his ruling in the Siddur and 443:4; 459:10]; 89:1 regarding Davening; Terumas Hadeshen 1; Yad Aaron 58; Elya Raba 58:2; Shalmei Tzibur p. 93; Chaim Sheol 2:38-Ayin; Chesed Lealafim 58:5; Ben Ish Chaiy Vayakhel 4 that so is main opinion; Kitzur SHU”A 17:1; Shesilei Zeisim 58:2; Kaf Hachaim 58:4; Tzemach Tzedek Chidushim 3 brings a proof for this opinion, unlike Admur in Siddur, however, see Igros Kodesh 10:294 that this may not be his actual opinion; M”B 58:4 brings both opinions of M”A and Gr”a without arbitration

[287] See previous footnote!

[288] Chida in Chaim Sheol 2:38 that so is the widespread custom; Ben Ish Chaiy Vayakhel 4 that so is custom of Bagdad; Ashel Avraham Butchach 58 that in a time of need one may rely on the later opinion; Maharshag 1:38; Sefer Bein Hashamshos of Rav Y.M. Tukichinsky that so is the custom in all Eretz Yisrael; Yisrael Vihazmanim 1:8 that so is the accepted custom amongst all Israel; Or Letziyon 2:6-1; Halichos Olam Vaeira 1:3 that so is the Sefaradi custom for many generations; Orchos Rabbeinu 1:52 in name of Steipler; Halichos Shlomo 7:12

[289] Aruch Hashulchan 58:14 “So is the main opinion and so is printed in the Luchos”; Igros Moshe 1:24 “The custom of most communities in Russia and Lita, as well as the custom of the Bnei Hayeshivos, is like the Gr”a and Graz, and so is the main opinion regarding all matters, and only select individuals were stringent in this.”; Chazon Ish 13:4 that many follow the Gr”a even initially; Orchos Rabbeinu 1:52 in name of Chazon Ish that one may follow the Gr”a even initially

[290] Igros Kodesh 10:294; Likkutei Sichos 29:378;

[291] Admur in Siddur regarding Kerias Shema; Letter of Rav Yaakov Landau ,printed in Kovetz Yagdil Torah N.Y. Vol. 52 p. 150, that so he was instructed by the Rebbe Rashab, in name of his father the Rebbe Maharash, that even by Rabbinical matters one is to precede himself 45 minutes from the end time, and thus he was told by the Rebbe Rashab to stop eating Chametz 3/4 ‘s of an hour before the time; Rav Eli Landa Shlita confirmed with me that this is the practical Chabad custom that is to be followed [although he said 40 minutes before the time, not 45]

[292] Printed in Yagdil Torah 6:2604

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

[294] Admur 440:1; 445:1

[295] Admur 446:5; Implication of Admur 434:6 “He may delay destroying it and on this delay he transgresses”

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. [M”A 446:2, brought in Kuntrus Achron 446:2]

[296] Admur 450:24-26; 466:5 regarding owning and benefit; Rambam Yesodei Hatorah 5:6;

[297] Piskeiy Teshuvos 450:2*

[298] Rivash 401; Biur Halacha 446 “Biveiso”

[299] Rivash ibid clearly states that he does not acquire it if he does not have intent to do so, however see Machaneh Efraim Hilchos Kinyan Meshicha 4 that Biblically one can acquire an item by picking it up even if he does not want it. See Kinyan Torah 5:43; See Admur 448:3 regarding Kinyan Chatzer that it does not work against one’s will

[300] The reason the Torah added an extra command of Tashbisu: Possibly, 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. [Admur 446:2]

^[301] Admur 445:1

[302] Admur ibid; Admur Kuntrus Achron 432:1

Other opinions: Some Poskim rule that the Chametz must be destroyed before the 7^th hour. [Rambam in Hilchos Chametz Umatzah 2:1]

[303] The reason: Just like that Biblically, even though starting from the beginning of the 7^th hour it is a command that one no longer have any Chametz in his possession, and every moment which he possesses Chametz from there on, and is not involved in destroying it, he transgresses a Biblical Positive command, nevertheless, he is not obligated to destroy the Chametz at the end of the 6th hour, in order so he not own any Chametz from when the 7th hour begins, and rather it is only from the beginning of the 7th hour and onwards that he is obligated to destroy it. So too Rabbinically, even though starting from the beginning of the 6th hour it is a [Rabbinical] command that one no longer have any Chametz in his possession, and every moment which he posses Chametz from there on, and is not involved in destroying it, he transgresses a Rabbinical Positive command, nevertheless, he is not obligated to destroy the Chametz at the end of the 5th hour, in order so he not own any Chametz from when the 6th hour begins, and rather it is only from the beginning of the 6th hour and onwards that he is obligated to destroy it. [Admur ibid]

[304] Admur 446:2

[305] Admur 434:12; 445:1

[306] See Halacha G for the full details of this matter!

[307] The reason: As since one needs to nullify the Chametz at the time that he destroys it, therefore, he must destroy the Chametz prior to the 6^th hour, as from the 6^th hour and onwards one can no longer nullify it, as explained in chapter 433. [Admur 434:12]

^[308] Lit. “Tov”.

[309] Admur 445:1

[310] Admur 434:12 writes “One needs to be careful to destroy the Chametz prior to the 6^th hour.” Thus, implying that it is an obligation and not a mere “proper thing to do”.

[311] Admur 446:2; See there that possibly one retroactively fulfills the Mitzvah only when the night of Pesach arrives.

[312] Admur in Siddur regarding Kerias Shema; Letter of Rav Yaakov Landau that so he was instructed by the Rebbe Rashab, in name of his father the Rebbe Maharash, that even by Rabbinical matters one is to precede himself 45 minutes from the end time, and thus he was told by the Rebbe Rashab to stop eating Chametz 3/4 ‘s of an hour before the time.

^[313] Admur 431:2; See Minchas Chinuch Mitzvah 9 and Yagdil Torah Yerushalayim vol. 6 p. 2647 regarding if the Mitzvah of Tashbisu is to Kum Viaseh to “destroy the Chametz from the 7th hour and onwards”, or Shev Veal Taaseh [to simply not own Chametz past the 7^th hour of the day]. In other words; is the command of Tashbisu a Shev Veal Taaseh, that by one not owning Chametz by the time the 7^th hour arrives he fulfills the Mitzvah, similar to the Mitzvah to rest from work on Shabbos, that by one not doing Melacha he fulfills the positive command of Shabbos? Or do we say that the Mitzvah is a Kum Viaseh, and only if one destroys Chametz that he owns does he fulfill the Mitzvah?

There are several practical ramifications between the two perspectives: 1) If one does not own Chametz, should he buy Chametz in order to destroy it and fulfill the Mitzvah? 2) If another person destroys one’s Chametz, is he liable for a penalty of stealing ones Mitzvah? 3) If one ate his Chametz on Pesach, does he fulfill the Mitzvah of destroying the Chametz? [If one says it is a Kum Viaseh then one does not, as it is a Mitzvah Haba Beaveira, although if it is a Shev Veal Taaseh, then one does.] 4) Must one destroy ones Chametz past midday in order to fulfill the Mitzvah [kum viaseh,] or even if he destroys it prior to midday he has fulfilled the Mitzvah? [Meaning, if the command is to destroy the Chametz by midday, then if one destroys it before hand, then although by doing so he avoids transgressing the positive command by midday, being that he does not own any Chametz, nevertheless, he has not fulfilled this command. This is similar to one who is not wearing a Tallis, in which case, although he does not transgress the command of Tzitzis, nevertheless, he does not fulfill it either. However, if one holds that it’s a Shev Veal Taaseh, then whenever one destroys the Chametz he is fulfilling the positive command.] 5) Does one need Kavanah to fulfill the Mitzvah? 6) If one bought Chametz on Pesach, does he receive the penalty of lashes? If one holds it is a Kum Veaseh, then there is no penalty of lashes being that the Lo Saseh is Nitak to the Esah, although if one holds that its Shev Veal Taaseh, then there is a penalty of lashes. [See Minchas Chinuch Mitzvah 9]

[314] Implication of Admur 445:1, 434:4 and 14, 436:21 [see below]; Tosafos Pesachim 4b seems to hold it is Kum Veaseh, as he holds that one does not fulfill the Mitzvah of Tashbisu by nullifying the Chametz being that Tashbisu is to be done past midday, and by then bittul is no longer valid. As well, the Riy holds that there is no malkus if one buys Chametz on Pesach, thus showing he holds the mitzvah of Tashbisu is a kum veaseh; See Yagdil Torah Yerushalayim vol. 6 p. 2647

Opinion of Admur: From Admur 445:1, 434:4 and 14, 436:21, Kuntrus Achron 432:1 its implied that Admur holds the Mitzvah is a Kum Veaseh, being that in 445:1 Admur says explicitly that although from midday one may not own anymore Chametz, nevertheless, he does need to begin destroying it from before midday, and rather he is only obligated to destroy it after midday, in which case if he destroys it immediately then he has not transgressed. As well, Admur explains in 434:4 that if not for the Bittul, the burning of the Chametz can be done after the 6th hour has already begun. And if the mitzvah were to be a Shev Veal Taaseh, then seemingly the Chametz must already be destroyed by that time. As well, in 434:14 Admur rules that one should say the bittul after the burning in order so he can fulfill the Mitzvah of biur with his own Chametz, thus implying that the Mitzvah is a Kum Veaseh, and even prior to the 6^th hour, is only fulfilled if one actually destroys it. Likewise, in 436:21 Admur explains that the Mitzvah of Tashbisu is to destroy the Chametz [and not that one should not own the Chametz]. On the other hand, the wording in 445:1 implies that Admur learns that Tashbisu is a Shev Veal Taaseh, as he writes “Although the mitzvah is that one may not own Chametz past midday, nevertheless….” and does not write “the Mitzvah is to destroy the Chametz once midday is reached, and thus there is no need to destroy it before hand.” Perhaps the reason for why even if we learn that it is a shev veal taaseh one does not need to destroy it before midday, is because since the Torah worded this as a positive command, it implies that once midday is reached one is to do an action to rid himself of any Chametz which he still owns. This is opposed to a negative command which implies that by such and such time one may no longer own Chametz. However, no proof can be brought can be brought from 434:14 where Admur rules that the custom is to destroy the Chametz before the 6^th hour, as the Mitzvah of Tashbisu works retroactively, and hence the Kum Veaseh can be fulfilled even before the 6^th hour arrives. [Admur 446:2; However, Tzaruch Iyun from Kuntrus Achron 432:1 which seems to imply that the burning of the Chametz before the 6^th hour does not fulfill any Mitzvah, and is simply a Minhag, and therefore a blessing may not be said over it.] [See Yagdil Torah Yerushalayim 6 p. 2647]

[315] M”B 445:10 in name of Beis Meir, Chayeh Adam, Chemed Moshe; See Halacha 5E that the Biblical owning prohibition only applies to a Kezayis; See Kaf Hachaim 445:18

[316] Admur 446:2; See there that possibly one retroactively fulfills the Mitzvah only when the night of Pesach arrives.

[317] 1^st opinion in Admur 436:21 “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.”; Admur ibid concludes “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”; See Chapter 3 Halacha 12A

[318] Admur 445:1; Michaber 445:2

[319] Rambam Hilchos Chametz Umatzah 2:2 rules that the destruction is done by nullifying the Chametz in one’s heart. [So concludes Minchas Chinuch ibid]; Rashi and Maharam likewise rule that Bittul fulfills the Mitzvah of Tashbisu; Avnei Nezer O.C. 528 rules that disowning the Chametz is defined as Tashbisu, and may even be done after midday!

[320] As is required in order so one can fulfill the positive command of Tashbisu, as explained above.

^[321] Admur 441:2; 445:3

Is this extent of destruction, to destroy it so no human can benefit from it, required Biblically or only Rabbinically? Some Poskim rule it is only Rabbinically required to be destroyed to this extent, in order so another person does not come to transgress and benefit from it. [In the Admur writes: Rashi in Pesachim 28a, brought in Admur Kuntrus Achron 445:2] However, other Poskim imply that it is Biblically required, just like by Avodah Zarah. [Implication of Rambam, Shulchan Aruch, Tur and Magen Avraham, brought in Kuntrus Achron ibid] Admur ibid concludes “I have not ruled inside the Shulchan Aruch like this way being that I have not seen anyone which explicitly argues on Rashi.” Practically, as brought in the reason of Admur in the next footnote, it must Biblically be destroyed until this point.

[322] Admur 445:3

The reason: The reason it does not need to be destroyed to the point that even animals can not benefit from it, is because once no human can benefit from it, it is considered destroyed from the world. [Admur ibid]

Contradiction regarding burning until not fit for dog: Tzaruch Iyun how this ruling does not contradict the ruling that when burning the Chametz, even before the 6^th hour, it must be burnt to the point it is unfit for a dog. [Admur 445:4] Similarly in 442:21 Admur rules that only when Chametz is unfit for a dog may it be owned when Beiyn. Seemingly, the answer is as follows: The Chametz must be destroyed to the point that human benefit is negated. If one desires to burn the Chametz, then human benefit is only negated once it is burnt to the point it is not fit for a dog, as prior to this point, it is still fit to use as yeast. If, however, one flushes the Chametz down the toilet, and the like, then since its benefit is negated from humans, it is a valid form of destruction even though it remains edible for fish and rodents.

[323] Opinion in Admur 445:7; Rebbe Yehuda in Mishneh Pesachim 21a; Rashi in Machzor Vitri p. 254; Tosafos Pesachim 27b; Semag Aseh 39

[324] The reason: Some Poskim negate all the to be mentioned methods of destruction and rule that all Chametz which needs to be completely destroyed from the world, can only be destroyed through burning. Their reasoning is because we compare the command to destroy Chametz to the command to destroy Nosar [leftover meat of Karbanos]. Thus, just like Nosar may not be left over [past its given time] and if it is than it needs to be burned, so too Chametz which may not be left over [past the 6th hour] due to Baal Yiraeh and Baal Yimatzeh, needs to be burned. [Admur ibid]

[325] Stam opinion in Admur 445:4 and in Michaber 445:1; Chachamim in Mishneh Pesachim ibid; Geonim, brought in Rosh 2:3; Rambam 3:11; Rif

[326] Admur 445:7; Michaber 445:1

The reason: The reason we rule like the latter opinion is because the Sages expounded on the verse “And you shall burn the Nosar with fire” that only Nosar requires to be burnt while other items prohibited in benefit by the Torah do not need to be burnt. [Admur ibid]

[327] Admur 445:7; Rama 445:1; Taz 445:2

Should one burn the Chametz rather than destroy it in other ways, if burning it will take more time? According to our custom to burn the Chametz, seemingly it is better to burn the Chametz over other forms of destruction, even if through burning it will take more time to destroy it. [However, see Admur 434:6; Kuntrus Achron 446:2]

^[328] Admur 445:4

[329] As stated above that this is the only method that is valid according to all opinions, and that so is the custom.

[330] Vetzaruch Iyun as to why it does not suffice to burn it to the point that man cannot get benefit for it, after all, once its destroyed to the point that a dog cannot benefit from it, it is also destroyed from human benefit. Seemingly, however, one can explain as follows: When using the burning method to get rid of Chametz, if one does not burn it to the point of charcoal, it is possible to receive benefit from it, such as to use as fuel and the like. Now, since one is required to destroy the Chametz to the point that human benefit becomes impossible, therefore it must be burnt until the point of charcoal. However, this only applies when destroying Chametz past the 6^th hour. However, before the 6^th hour on Erev Pesach, any Chametz that is destroyed to the point that it is not fit for a dog loses its status of a food, and is hence no longer considered Chametz. There is thus no need to destroy it any further when the 6^th hour arrives. All the above is regarding the burning method, however, the other methods of destruction are valid even though it does not turn the Chametz into charcoal, as the Chametz is negated from any possible human benefit.

[331] Admur ibid in parentheses; Admur 442:21

[332] As stated above that we rule like the lenient opinion

^[333] Admur 445:4

[334] The below mentioned dispute in Admur regarding if one must break down the kernels, is only relevant when throwing the kernels into the sea. However, when throwing in the wind, it must be broken up according to all. The reason for this is because a valid form of destruction must remove any potential human benefit, and when throwing it into the wind, nothing will further break the kernel up to make it unbenefitable, and thus one must break it on the onset according to all opinions. However, in a sea, there is room to say that the water itself dissolves the food, that there is no need to break up small pieces like kernels.

^[335] Admur 445:4

Other opinions: Some Poskim rule that when throwing into the sea it does not need to be crumbled unless the Chametz is hard, and thus the sea will not be able to quickly break it apart. [Rambam 3:11]

Can one throw the Chametz into an aquarium which he owns?  If there are fish inside the aquarium, then one should not throw his Chametz which he needs to destroy into it. This applies even if he crumbles it prior to throwing it in, being that he receives benefit from the fact that the fish will eat it. [Admur 445:6]

[336] The reason: As if one were to throw it into a river or sea without crumbling it beforehand, then the Chametz would float on top of the water, and a person which is on a boat is able to benefit from it. [Admur ibid]

[337] The reason: As they scatter on their own on the water’s surface, and thus no man would get benefit from it. [Admur ibid]

[338] Some Poskim rule that by small pieces of Chametz, such as kernels of wheat and the like, there is no need to further break them up into crumbs, and rather one may throw them straight from the bag into the water, as they scatter on their own on the water’s surface, and thus no man would get benefit from it. Other Poskim, however, are stringent and rule that by wheat and other kernels of grains one is required to break each grain into 2:3 pieces, and afterwards to throw them in the water. The reason for this latter stringency is because [whole] kernels are hard, and they do not dissolve within the water [and thus they need to be broken up beforehand]. [Admur ibid]

[339] Admur ibid

The reason: It is proper to suspect for the latter opinion when possible, such as if there are only a few wheat kernels, which are able to be cut into pieces in a short amount of time. However, if there are many kernels [which must be destroyed] and one thus will need to delay [destroying them] a long time [until he finishes] cutting them up, or [he finishes] grinding them, then he should not delay destroying the Chametz for this reason, and one rather relies on the first opinion. This is especially the case if the kernels became Chametz [only] after the time of destruction [after the 6th hour on Erev Pesach], as in such a case the Chametz was not included within the nullification which is done by every person at the end of the 5th hour, as explained in chapter 434, and thus there is a Biblical prohibition to delay the destruction of the Chametz. [Admur ibid]

^[340] Admur 445:5

Other opinions: Some Poskim rule that this method of destruction [to flush down a toilet] is only valid prior to the 6^th hour on Erev Pesach, as it does not destroy the Chametz but simply deems it inedible for a dog. [Chazon Ish] However, in truth, in today’s plumbing system, through flushing the toilet the food goes into the sewage and is considered as if it has gone into the sea and is thus valid according to all.

[341] In previous times, when one threw something in the toilet it went straight into the area of the feces. However, due to today’s modern plumbing, it only reaches the feces if one flushes it. Therefore, for this method of destruction to be valid one would need to flush the toilet. Furthermore, through flushing the toilet it is considered as if one is throwing the Chametz in the sea, as the food gets dumped into the sewage of which no one can benefit from anymore. Accordingly, it retains two forms of destruction.

[342] The reason: When one throws the Chametz into a toilet [and flushes it down], then it is considered completely destroyed from the world being that no person can benefit from it any more. Even if there are [animals such as] pigs in the sewage which will end up eating the Chametz, there is no problem in throwing the Chametz there, being that one is not actually placing the Chametz in front of the animal, and the prohibition to give the Chametz to animals is only when one places it in front of him. [Admur ibid]

^[343] Admur 444:9

[344] The reason: As one needs to immediately destroy the Chametz, and not delay until people step on it. Vetzaruch Iyun as to the law in a case that people will be stepping on it right away.

[345] 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 14^th 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 Achron 433:3] We do not rule like this opinion [Kuntrus Achron 433:3]

[346] Biblically, one is able to disown the Chametz until midday, which is the end of the 6^th hour of the day and start of the 7^th hour. However, Rabbinically, one may only nullify until the start of the 6^th 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 6^th 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] 6^th hour and onwards one cannot get any benefit from the Chametz. Thus, starting from the [beginning] of the 6^th 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.”]

[347] 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]

[348] Admur 431:3 “[The above ability to do bittul and disown the Chametz before the 6^th 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 6^th 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.]”; Mishneh Pesachim 2a

[349] 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. [1^st 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. [2^nd 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] 

The reason it does not help to place the Chametz behind a Mechitza: 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]

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

The concept of Baal Yiraeh Ubal 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 Achron 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]

[351] Admur 433:12; Rashi; Ran; Pri Chadash

Other opinions: Some Poskim rule that even after one has done Bedikah, he must Biblically nullify the Chametz, and if he does not do so, then if he finds a Kezayis of Chametz on Pesach, he has retroactively transgressed the prohibition of Baal Yiraeh and Baal Yimatzeh. [Rambam 3:4; Rosh, as learns Pri Chadash, however, according to the Magen Avraham 433, the Rosh holds like Rashi and Ran; Tur 433, as learns Peri Chadash, however, the Taz learns that even according to the Tur one does not transgress retroactively.] According to this opinion, the Bedikah does not help at all Biblically for unknown Chametz unless one also did Bitul. [Kuntrus Achron 3] Other 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 Achron 433:3]

^[352] The reason: Being that it was not at all his fault [Lit. Anus Hu], as he checked for Chametz as was Halachically required. [Admur ibid] However, if one did not check for Chametz and did not nullify it, he does transgress Baal Yiraeh on all the unknown Chametz which he owns in the house. [Admur ibid] However, the Magen Avraham learns in the Rambam and Rosh 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. We do not rule like this opinion [Kuntrus Achron 433:3]

^[353] Admur 445:1-2; See also 431:1-3, brought in previous Halacha

[354] Admur 445:1

The reason: The reason for this allowance is because once the Chametz is disowned, it is no longer his, and [the only problem remaining is a Rabbinical prohibition if it were to remain in ones property, and] by placing it in an area which does not belong to him, [removes this problem] as the Torah states “In all your property” and the property that the Chametz is now in is not his, but is public for everyone. See chapter 431. [Admur ibid] This wording of Admur implies that Biblically, even after one disowns his Chametz, he may not leave it in his property. This is factually incorrect as already explained in chapter 431:1-3 and 440 that Biblically one may leave disowned Chametz in one’s home? One must conclude that Admur here is explaining why there does not exist a Rabbinical obligation to actually destroy the Chametz if it is disowned and placed in a public area. The Rebbe, explains as follows the reason for why placing Chametz in a public area does not form a problem: 1) the suspicion that one will not nullify it with a full heart does not apply, as the person is placing it in a public area, and it is thus fully disowned. 2) Since it is not in one’s property one will not come to eat it. [Haggadah Shel Pesach] Vetzaruch Iyun as to the explanation of Admur, who does not make the above argument, and basis the allowance on a verse. Perhaps one can suggest as follows: The decree of the sages was that “Nullification does not help” and hence even after nullifying Chametz, it is as if he did not nullify it. This consequently obligated one to remove the Chametz from all areas in which there is a Biblical prohibition to own Chametz. However, when placing the Chametz in a public area for all, being that there is no Biblical prohibition against owning Chametz in such areas [as explained in 440:1, brought in Halacha 3A], therefore the Chametz may be placed there. Vetzaruch Iyun on this explanation from 436:20 where Admur implies that even when Chametz has been disowned, it may not be placed in an area which is not hefker to all, even if the Jew has no part of ownership in that area, and he thus does not Biblically transgress. Perhaps, then, one must conclude that in 436:20 Admur refers to a case that the Chametz was left there with permission of the owners. Vetzaruch Iyun.

[355] Although in truth Bittul of the heart Biblically suffices to disown it, the Sages instituted that the above nullification be verbalized with one’s mouth, and that he should say “Kol Chamirah etc.” [See Admur 434:7; M”B 445:18] See however Kinyan Torah 2:86 and 7:36 that when disowning the Chametz in a public area one does not need to officially disown it, as it is automatically considered disowned.

[356] Some Rishonim rule that such a form of disownment is only Rabbinically invalid while others rule it is even Biblically invalid. [See Admur Kuntrus Achron 445:1]

[357] As even according to those Poskim who rule such a form of disownment is Biblically invalid [see Admur in Seder Mechiras Chametz], Chametz that is placed in a public for all property does not contain any transgression. [See Admur 440:1, Halacha 3A!]

^[358] Admur 445:2; See also Admur 436:18-19 and 433:34 regarding Chametz which had a mound fall on it, or if a person traveled away from his home, in a way that he is not obligated to remove the Chametz, that nevertheless, if at the time that he traveled, or that the mapoles fell, he had in mind to take back the Chametz after Pesach, then it’s as if the Chametz was never destroyed. Thus, the rule is that whenever one is allowed to keep the Chametz in existence, he may not have in mind to get it back after Pesach, and if he does then it is as if he owned it; Darkei Moshe 448; Peri Chadash 448:5; P”M 448 A”A 8; See Likkutei Sichos 16:129

The reason: As the Sages forbade owning Chametz even in an area that one does not own [See Admur 440:1], and since one did not nullify it with a full heart, the disownment is not a true disownment. Vetzaruch Iyun, as in any event the Sages invalidated the disownment, even when done with a full heart.

Other opinions: Some Poskim rule it is permitted to disown his Chametz in a public for all area before Pesach even if he intends to take it back after Pesach. [Or Zarua 1:748; 2:246; Rikanti 157; See Pnei Yehoshua 1:14; Peri Chadash 448:5; P”M 448 A”A 8; Likkutei Sichos 16:129 footnote 16]

[359] Admur 448:29; Kuntrus Achron 436:6; See lengthy discussion of Admur on this matter brought in Sheiris Yehuda O.C. 14; M”A 448:8 “The same applies to one who disowned his Chametz”; Peri Chadash 448:5; P”M 448 A”A 8

Other opinions: Some Poskim rule that if one disowned his Chametz in a public for all area before Pesach it is permitted in benefit after Pesach even for the person himself. [Opinion brought by Admur, quoted in Sheiris Yehuda O.C. 14; Olas Tamid 447:11 in name of Rikanti 157, brought in P”M ibid; See M”B 448:25]

^[360] Admur 445:2

[361] The reason: If one disowns the Chametz and leaves it in an area which is not public for all, such as he placed it in his courtyard which is designated for the people living in that courtyard alone, and thus no one may enter that area without their permission, then even though Biblically he does not transgress Baal Yiraeh and Baal Yimatze, being that he has already disowned it, and thus it is not his when the time of destroying it arrives, nevertheless, he is Rabbinically obligated to destroy the Chametz [and if he does not then he transgresses the Rabbinical prohibition of Baal Yiraeh and Baal Yimatzeh]. The reason for this Rabbinical obligation is because since if one were to not have disowned this Chametz before the time of destroying it arrived then he would be Biblically obligated to do so when the time arrives, being that it is placed in an area which is not public for all, and it is thus considered as if it were placed in an area which is actually his, as explained in chapter 440. Therefore, also now, being that the Sages decreed that nullifying and disowning does not help for ones known Chametz, as explained in chapter 431, when he has disowned it he does not exempt himself from the decree of the sages [to remove all ones Chametz from one’s property]. [Admur ibid] Vetzaruch Iyun based on this reason why one must remove his Chametz even from another Jew’s private property if he disowned it and placed it there without his permission. [See Admur 436:20] Perhaps, then, one must conclude that in 436:20 Admur refers to a case that the Chametz was left there with permission of the owners. Vetzaruch Iyun.

[362] See Q&A!

[363] Admur 436:20 that the Sages decreed that the disownment of the Chametz is not valid if left in the possession of another Jew or gentile, unless the gentile knows that the Jew disowned it. Vetzaruch Iyun regarding a case that the Jew/gentile does not even know that the Chametz was left there, see previous footnotes.

^[364] Admur 445:3; Kuntrus Achron 444:2 “Discarding without destroying is worthless once the time of prohibition has arrived, as he can no longer sell it or to give it as a present to a gentile, or to disown it.”

Other opinions: Some Poskim rule that disowning the Chametz is defined as Tashbisu, and may even be done after midday. [Avnei Nezer O.C. 528 in opinion of Rambam]

[365] The reason: When one [wants to] gets rid of Chametz at the time that it needs to be destroyed, which is from the beginning of the 6th hour [of Erev Pesach] until after Pesach, then he needs to destroy the Chametz completely from the world. It [now] does not suffice for him to remove the Chametz from his property and place it in a public area. The reason for this is because once the 6th hour has arrived the Chametz is already forbidden in benefit and is thus no longer his at all, and [it is only that] the Torah nevertheless made the Chametz be considered as if it is his in order to make him transgress Baal Yiraeh and Baal Yimatzeh. Therefore [it does not help to remove the Chametz from one’s property as] even when one removes it from his property the Torah considers it as if the Chametz is actually resting in his property, and thus he transgresses Baal Yiraeh and Baal Yimatzeh. Accordingly, he has no choice but to destroy it completely from the world. [Admur ibid]

[366] Admur 440:16

[367] See Kuntrus Achron 440:11 as to how the sale is valid if the actual Chametz does not belong to him

[368] Admur in gloss on Kuntrus Achron 440:11

The reason: As the Chametz is not his to nullify.

[369] By doing so one escapes transgressing the owning prohibition on Chametz that he has liability on, as explained in Halacha 5C. The novelty here is that this method is valid anytime throughout Pesach!

^[370] See Chelkas Yaakov 3:165; Minchas Yitzchak 4:56; Shevet Halevi 1:137; Beir Moshe 1:41; 3:74; Betzel Hachochma 3:109; Mishneh Halacha 4:63; Teshuvos Vehanhagos 2:211; Kinyan Torah 2:86; 7:36; Piskeiy Teshuvos 445:7

[371] Minchas Yitzchak ibid writes that so is the custom, and defends the practice, although concludes that it is best to pour a spoiling agent [i.e. bleach] into the garbage even in such a case; Kinyan Torah ibid

^[372] The reason: By a gentile majority city, being the dumpster is owned by the gentile municipality, it is automatically acquired to them [according to the opinion who rules that Kinyan Chatzer is valid by a gentile]. This applies even if the dumpster is situated in a private area, such as in the building courtyard, as the area of land in which the dumpster is sitting on is considered rented to the gentile municipality. Furthermore, even if one does not hold of Kinyan chatzar by a gentile, the Chametz is considered to be disowned in a public area, as the area belongs to the municipality. [Minchas Yitzchak ibid; See Admur 436:20 that Chametz which is left in the home of a gentile is considered Hefker and does not have to be cleaned before Pesach]

The law by a Jewish municipality: Some write that the above allowance only applies by a gentile municipality, while in a Jewish municipality, it is forbidden to leave Chametz in their garbage bins, as it is forbidden to leave even disowned Chametz in the property of a Jew on Pesach. [Piskeiy Teshuvos ibid based on Admur 436:20] However, Tzaruch Iyun, as although in 436:20 Admur says that when placing Chametz in a Jews property the decree of the sages still apply, nevertheless, perhaps that only refers to a case that the property belongs to one Jew or the like. However, when the property is public, which is the case with the Chametz which belongs to the municipality, then what difference does it make if its public to Jews or not, and thus the same logic used by the Minchas Yitzchak to exempt a dump of a municipality, should apply whether it belongs to Jew or gentile. To note that the Minchas Yitzchak himself does not differentiate between if the municipality is Jewish or not.

[373] The transgression, and whether its defined as Biblical or Rabbinical, is dependent on various factors, such as: 1) Is there a Kezayis of Chametz; 2) Is the Chametz still edible? 3) Is the Chametz dirty. 4) Was the Chametz sold to a gentile.

[374] Chelkas Yaakov ibid; Teshuvos Vehanhagos ibid in name of Steipler

[375] 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] Thus, anyone who has performed Mechiras Chametz, under standard practice, has also sold his Chametz garbage. [Teshuvos Vehanhagos ibid in name of Steipler]

[376] Beir Moshe ibid

^[377] The reason: As if one sells the Chametz garbage, it also includes the garbage bin in the sale, and forbids its use during Pesach. If one continues to use it on Pesach he shows that the entire sale was a mere trick, and is stealing the items of the gentile. Furthermore, it is unclear if in truth Chametz garbage is included in the sale, as the gentile certainly has no intent to purchase something that will be removed by the city in one to two days. [Beir Moshe ibid]

[378] Chelkas Yaakov ibid, in name of Agudas Eizov; Mishneh Halachos ibid; Teshuvos Vehanhagos ibid; Betzel Hachochma

[379] Minchas Yitzchak ibid; Shevet Halevi ibid

[380] Minchas Yitzchak ibid in name of Haggadas Agudas Eizov

[381] The reason: Chametz which is less than a Kezayis and is dirty [as a result of the garbage] does not contain an owning prohibition if disowned. [See Admur 442:28; M”A 442:10; M”B 442:33]

[382] Orchos Rabbeinu Pesach 34 that so was custom of Chazon Ish

[383] Minchas Yitzchak ibid that so he arranged, and so is done today

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

[385] 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.

^[386] Mikraeiy Kodesh ibid; Shevet Halevi 9:116 in 3^rd option; See Piskeiy Teshuvos ibid

[387] 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]

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

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

[390] 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.

[391] Divrei Geonim 128 in name of Sama Dechayeh

[392] 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!]

[393] 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 nullified. [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

[394] Admur 442:28

[395] 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 14^th, 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”

[396] 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

[397] Admur 446:1-2

[398] Admur 446:2

The reason regarding Chametz burnt until the 6^th 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 6^th 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 6^th 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 6^th 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 6^th 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 6^th hour, and any Chametz destroyed beforehand is included in the blessing said on that Chametz.] [Admur ibid]

The reason regarding Chametz burnt from the 6^th hour until the night of the 15^th: 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 6^th 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 15^th] 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 15^th 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 15^th is already included in the blessing said by Bedikas Chametz.

[399] 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 14^th, 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 14^th, exempts all Chametz which was found during the search, or that was intended to be bought to eat on the 14^th, 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]

[400] 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 14^th, 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]

^[401] Admur 446:3

[402] 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 14^th, 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 14^th, 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]

[403] Admur 446:4“Even though it does not have a Kezayis, one is obligated to destroy it according to all…and therefore a blessing is said over it”;

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 nullified? 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]

[404] 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.

Other opinions: Some Poskim rule that even nullified Chametz that is less than a Kezayis it is forbidden Rabbinically due to the prohibition of Baal Yiraeh/Tashbisu, and not simply due to that one may come to eat it. [Second opinion inferred from Admur 446:3 and KU”A 1; Shiltei Giborim Pesachim 3:2-2, brought in Admur KU”A 442:18 in first gloss; Ran Pesachim 3a as understands Peri Chadash 466, brought and negated in Admur KU”A ibid] Thus one who is destroying it on Pesach would destroy it with a blessing, according to this opinion.

[405] 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

[406] Admur 446:1

The reason for why the blessing said on the night of the 14^th does not suffice: Even though he has already said a blessing of “Al Biur Chametz” on the night of the 14^th, and with this blessing he has become exempt from saying the blessing “Al Biur” on the day of the 14^th, 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 14^th, were included in that blessing [said on the night of the 14^th]. [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]

[407] Admur 446:5-6

[408] 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.

[409] 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]

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

[411] See previous footnotes

[412] 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

[413] 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.

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

[415] 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

[416] 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]

[417] Admur 446:6

[418] 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]

[419] 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]

[420] See next Halacha

^[421] Admur 446:6

[422] 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]

[423] 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.]

[424] 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]

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

[426] 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]

^[427] Biur Halacha 446:1 “Shelo Yuchal”; Piskeiy Teshuvos 446:2

^[428] 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.”

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

[430] 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!

[431] Admur 440:2, 5; See Chapter 5 Halacha 5!

[432] Admur 440:3 and 448:5 regarding storage; See Admur 448:3-4 regarding a gift; See next Halacha!

The reason one may not accept the Chametz: The reason for why the Sages decreed that the Chametz may not be accepted is in order to a) avoid liability on the Chametz that is left for storage [Admur 448:5] and b) so one not forget and come to eat from it on Pesach. [Admur 440:3; 448:5] Accepting a gift: Regarding accepting a Chametz gift, there is a greater severity involved in accepting it, as through accepting it one shows he is interested to acquire it and transgresses the owning prohibition. [See Admur 448:3-4 and next Halacha] Vetzaruch Iyun why regarding a present in 448:3-4 Admur does not state that one must actually refuse it, but that he is simply to avoid telling him where to put it, thus implying it may stay in one’s home. Vetzaruch Iyun as nonetheless, the worry that one may come to eat it still applies.

[433] Admur 448:3 “However, if the Jew does not tell the gentile to place it in a private place and the like, then even if the gentile does place the Chametz down in his property, his property does not acquire it for him, as he probably does not want to own the Chametz, being that it is forbidden or him to own it, and being that he does not want to own it, his property cannot act as an emissary to acquire it for him, as one cannot become an emissary to acquire something for someone else against that persons will.”; 450:21 in parentheses “Although the gentile entered the Chametz into the Jews property, nonetheless, his property does not acquire it for him, as a person’s property does not acquire him an item that he does not want, such as Chametz on Pesach.” See also Admur Kuntrus Achron 436:3

[434] Admur 440:5 and 446:7 regarding a Pikadon

The reason: The reason for why the [Sages] decreed that the Chametz must be removed is because [if one were allowed to leave it], perhaps he will come to eat it. [Admur ibid]

[435] Admur 446:7 “If the roof of a gentile was near the roof of a Jew, and Chametz rolled from the roof of the Gentile to the roof of the Jew, then if it is Chol Hamoed or Erev Pesach from the 6^th hour, then one may not take the Chametz with his hands to return it to the roof of the Gentile, [but rather] is to use a stick to push it into the Gentiles roof, or into a public area.”

The reason: The reason one may not move the Chametz with his hands and rather must use a stick is because the stick serves as a reminder, so he not forget about the Chametz prohibition and come to eat from it. [Admur ibid]

[436] Admur 440:5

The reason: The Mechitza serves as a Heker/reminder, so he not come to forget about the prohibition of eating Chametz, and not come to using it. [Admur ibid]

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]

If the gentile will return shortly to take back his Chametz: If the gentile plans to return within the day to retrieve his Chametz, then one does not need to make a Mechitzah in front of it, and rather it suffices to cover it with a vessel. [Admur 440:6]

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

[438] Admur 440:5 and 446:7 “If one found on Shabbos or Yom Tov the Chametz of a gentile which rolled onto his roof, he is not to push it with a rod, being that [by doing so] he is moving Muktzah, of which it is forbidden to move Muktzah even through moving another item as was explained in chapter 311 [Halacha 14]. Rather one is to cover it with a vessel until evening and then push it with a rod back onto the roof of the gentile or into a public area.

The reason: As the Chametz is Muktzah, and one may not move Muktzah even through using another item to move it, as explained in chapter 311. [Admur 446:7] One cannot rely simply on the vessel, due to a decree that one may come to remove the vessel and order to use it, and the Chametz will be revealed and one will forget and come to eat it.  [Admur 440:5]

^[439] Admur 448:4

The reason: As there is no need to suspect that one may come to forget and eat it in such a short time period. [Admur ibid]

[440] Admur 440:3-4

[441] The reason: As there is no prohibition against seeing another person’s Chametz on Pesach. [Admur ibid]

[442] Admur 440:3

The reason: The reason a gentile employee which is provided meals may not eat his own Chametz in one’s home is because this appears to others as if the employer is giving his own Chametz to the gentile and is thus transgressing the prohibition against benefiting from Chametz. [Admur ibid]

[443] Admur 440:4; Vetzaruch Iyun why Admur omitted not to clean the crumbs using his hands!

[444] From the letter of the law it is permitted to do so, as 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.

^[445]  See P”M Pesicha Koleles 4:2; 434 A”A 9; Har Tzevi 2:45Piskeiy Teshuvos 448:3

[446] The reason: The Chametz should be destroyed as the child has acquired it on Pesach, and thus, due to Chinuch, must be destroyed.

[447] The reason: The Chametz does not need to be destroyed as a) a child below Chinuch does not acquire an item and b) A child below Chinuch does not carry a prohibition against owning Chametz. Nonetheless, one must get rid of the Chametz from the home, as stated above regarding the Chametz of a gentile that was brought to one’s home on Pesach.

[448] See Chelkas Yaakov 1:44; Piskeiy Teshuvos 448:32

[449] If the Jew had purchased and acquired this Chametz before Pesach, then if he performed Mechiras Chametz to all his Chametz, he is to refuse its acceptance, and if it was already received, he is to move it with a broom to the area designated as sold to the gentile. If he did not perform Mechiras Chametz, then the Chametz must be destroyed, as explained in Halacha 6B. 

[450] See Piskeiy Teshuvos 450:2 regarding selling the rights of his Chametz food before Pesach

[451] See Admur chapter 450 and Piskeiy Teshuvos 450 for various case examples of business interactions involving Chametz, and when it is forbidden or allowed.

[452] Admur 450:1; Michaber 450:1

[453] Admur 450:9

[454] The reason: As the entering and eating of the Chametz is not the purpose of the rental, and hence one is not making money from the fact the gentile can eat Chametz there. [Admur ibid]

[455] Admur 450:8; M”B 450:25; Piskeiy Teshuvos 450:6

[456] Admur 450:11

[457] The reason: As it is forbidden to make money from an item that is forbidden in benefit. [Admur ibid]

[458] The reason: As so long as the gentile did not make clear the purpose of his rental, the Jew would receive payment regardless of what he uses it for, and hence he makes no money from the fact that he specifically used it to store Chametz. [See Admur ibid]

[459] Admur 450:11

[460] See Admur 450:12 who only prohibits lending by a pot, as the Jew receives benefit from the cooked Chametz, however, if there is no benefit involved, then it is allowed; This is unlike Piskeiy Teshuvos 450:6 who writes to prohibit even lending

^[461] Admur 448:5

[462] The reason: The reason for why the Sages decreed that the Chametz may not be accepted is in order to a) avoid liability on the Chametz that is left for storage [Admur 448:5] and b) so one not forget and come to eat from it on Pesach. [Admur 440:3; 448:5] See Admur ibid regarding the last day of Pesach that we do not suspect for the second reason.

[463] The reason: As if he were to accept it then he would be liable for any damage that might occur to the Chametz and when one has liability for Chametz it is as if he owns it. [Admur ibid; See Admur 441:14, 440:13 and Kuntrus Achron 440:6 that a Shomer carries liability of negligence even for the Chametz of a gentile, and we initially suspect that such liability is considered ownership, as ruled in 440:16; See Halacha 5C!]

[464] Admur 450:27

[465] The reason: As there is no status of “Shlichus” by a gentile, and hence whatever purchase the Jew makes on behalf of the gentile, is legally considered that he acquired it, and he thus transgressed the owning prohibition of Baal Yiraeh and Baal Yimatzeh. [Admur ibid]

[466] P”M 450 A”A 12, brought in M”B 450:23

[467] Shraga Hameir 1:13; Piskeiy Teshuvos 450:4

[468] Teshuvos Vehanhagos 1:299; Piskeiy Teshuvos 450:4; Furthermore, some say he may not do so even before Pesach if the acquisition will only take place on Shabbos. [See Maharash Engel 4:52; Hagahos Maharsham 450; Shearim Hametzuyanim Behalacha 117:14; Piskeiy Teshuvos ibid]

The reason: As a broker gets paid for the transaction, and it is forbidden to make profit from Chametz dealings on Pesach. [ibid]

[469] P”M 450 A”A 12, brought in M”B 450:23; Piskeiy Teshuvos ibid

[470] Piskeiy Teshuvos 450 footnote 13

[471] Admur 448:3-4

[472] The reason one may not accept a present: If a gentile brought Chametz over on Pesach to a Jew to give to him as a present, then even if the Chametz was brought on the last day of Pesach, near the end of the holiday, the Jew may not accept it from the gentile’s hand, as through accepting it he acquires it with an absolute method of acquisition, and thus the Chametz now belongs to a Jew, and he thus transgresses the prohibition of Baal Yiraeh and Baal Yimatzei until night. Similarly, the Jew may not tell the gentile to place the Chametz in a private area in his house, as by saying so the Jew shows that he is interested in acquiring the Chametz, and in such a case when it is placed in one’s property, the property serves as one’s hand and acquires for him the Chametz, as one’s property is like ones emissary for all matters. Similarly, the Jew may not make any motion implying that he is interested in acquiring the Chametz. [Admur 448:3-4]

^[473] Admur 448:3

The reason: As he probably does not want to own the Chametz, being that it is forbidden or him to own it, and since he does not want to own it, his property cannot act as an emissary to acquire it for him, as one cannot become an emissary to acquire something for someone else against that persons will. [Admur ibid]

^[474] Lit. Tov

^[475] Admur 448:4

[476] Admur 443:9-12

[477] The reason there is no Biblical prohibition: Biblically, it is only with regards to idolatry that we hold that the money received in exchange for the sale is forbidden in benefit. This is learned from the words “Vehayisa Cherem Kamohu“, while from the words “Ki Cherem Hu“ we learn to exclude all other prohibitions, like Arlah and Kileiy Hakerem and Chametz and meat and milk, that by them if they are switched or sold, the item/money received is permitted in benefit. [Admur 443:9]

^[478] Admur 443:11

[479] Admur 443:12

The reason: According to all, if at the sale the Chametz was first taken by the gentile and only afterwards the money was given, then the money may be used even by the seller, as when the gentile took the Chametz he automatically acquired it [as it is prohibited in benefit, and thus is Hefker], and thus the money given is like a present and it’s not considered to be the sales money for the Chametz. [Admur ibid]

^[480] Admur 443:10

^[481] Admur 443:11

[482] See P”M 450 A”A 12; Shaareiy Efraim 66; Halef Lecha Shlomo 263; Doveiv Meisharim 1:40; Piskeiy Teshuvos 450:11

[483] See however Shaar Efraim ibid who is lenient; See also Shearim Hametzuyanim 117:13 regarding receiving Behavlah, such as if he receives a monthly salary.

[484] Admur 443:4 in parentheses; Shut Bach 143; Chok Yaakov 445:4; Vetzaruch Iyun from 450:21-23 where Admur allows one to provide him Chametz that he does not own, unless one obligated himself to provide him specifically Chametz foods.

[485] The reason: If there is so much Chametz that one knows that she will not be able to finish it before the 6^th hour begins, then one may not give it to her, as by doing so it’s as if that he is paying off his debts to the maid using Chametz which is forbidden in benefit. [Admur ibid]

[486] Admur 450:20

The reason: As it appears that the gentile is a Shliach of the Jew to purchase Chametz. [Admur ibid]

[487] Admur 450:19; Tur 450:6

[488] Admur 450:21-23

Other opinions: Some Poskim rule it is never permitted to allow a gentile to purchase Chametz on condition that he will pay him, or the store, back. [stringent opinion in Admur ibid; Bach 450:3; Shut Bach 143; Tur 450:6]

[489] Admur 450:20

[490] Admur 450:21 regarding having him buy Chametz from the store on credit and telling the owner that his employer will pay him back. Seemingly the same would apply if he told the gentile to buy Chametz with his own money, and he will pay him back.

[491] Admur ibid; Vetzaruch Iyun from 443:4 where rules one may not provide his Chametz from before the 6^th hour.

[492] Admur 450:23

[493] Admur 450:21

[494] Admur 450:22

[495] Admur ibid

The reason: As the storeowner may provide him Chametz, and this Chametz is considered acquire to the Jew, as it is given in correspondence to his money.

[496] Admur 450:23 in parentheses; Beis Yosef Y.D. 132 in name of Rashba; Vetzaruch Iyun from 443:4 where Admur does not stipulate that it only applies if one obligated himself to provide him Chametz.

[497] Admur 450:23 in name of Yeish Omrim and that it is good to suspect for their words; Bach 450:3; Shut Bach 143; Tur 450:6

[498] Implication of Admur ibid; See however Tur 450:6 who implies one may not do so; See Bach Y.D. 132:13 and his Teshuvah 143

[499] Vetzaruch Iyun if one may do so if he does not tell the caterer to provide Chametz, even if he knows they will choose to do so.

[500] Certainly, one is not to do so if he instructed the gentile to purchase Chametz, and possibly even if he does not specifically tell the gentile to purchase Chametz, he may not do so. Vetzaruch Iyun!

[501] Admur 443:4 in parentheses

[502] This applies even if one did not explicitly state that it is for the sake of her Pesach meals, but simply gave her an amount of Chametz that she is unable to finish eating it before Pesach, and will thus certainly eat on Pesach. [See Admur 443:4]

^[503] Admur 440:16; 444:13; 446:7; 450:24-25; Rivash 401; Biur Halacha 446 “Biveiso”

[504] Admur 444:13

[505] The reason: As if one touches the Chametz he may forget and come to eat it. [Admur 446:7]

[506] Admur 446:7; 440:16 in parentheses adds that even if giving the Chametz back to the gentile owner avoids one from transgressing the owning prohibition, such as if one accepted liability of the Chametz, and it was in one’s property, nevertheless, one may not return it with his hands to the gentile owner.

[507] The reason: The use of a stick serves as a reminder, so he not come to forget and eat from the Chametz while in the process of returning it. [Admur ibid]

[508] The reason: We do not suspect that one will come to forget and eat it in such a case as since his entire dealing with the Chametz is in order to destroy it from the world, how can he then forget [about the prohibition] and come to eat it. [Admur ibid]

[509] Admur 444:13 and 446:7 emphasized the word “with one’s hand,” thus implying that he may use other body parts to do so, and so rules Mili Deavos E.H. 5:1-3, brought in Piskeiy Teshuvos 446:3; On the other hand, Tzaruch Iyun why Admur then goes on to only mention the option of moving it with a stick and does not mention the option to push it with ones foot.

[510] Lehoros Nasan 5:30 that so is implied from Setimas Haposkim; Piskeiy Teshuvos 446:3

^[511] See Piskeiy Teshuvos 446:3

[512] Rivash 401; Biur Halacha 446 “Biveiso”; Kinyan Torah 5:43; Lehoros Nasan 5:30

The reason: As by doing so one acquires it [as explained next], as well as due to the worry that he may come to eat it. [Rivash ibid]

[513] Mili Deavos E.H. 5:1-3

[514] Lehoros Nasan 5:30

[515] The reason it does not transgress Bizuiy Ochlin: As Chametz on Pesach is not considered food for a Jew, and thus does not have the status of “Kavod Ochlim.” [Lehoros Nasan ibid]

[516] Rivash 401; Biur Halacha 446 “Biveiso”

[517] Rivash ibid clearly states that he does not acquire it if he does not have intent to do so, however see Machaneh Efraim Hilchos Kinyan Meshicha 4 that Biblically one can acquire an item by picking it up even if he does not want it. See Kinyan Torah 5:43; See Admur 448:3 regarding Kinyan Chatzer that it does not work against one’s will

[518] Admur 440:2-3

[519] The reason: As the verse states “Lo Yiraeh Lecha, which teaches us that only one’s own Chametz may not be seen, while the Chametz of others are permitted to be seen. [Admur ibid]

[520] Admur 440:3-4; Shach Y.D. 88:2 regarding non-Kosher bread

[521] Chayeh Adam 120:4; Kaf Hachaim 440:41