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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:[1] 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.[2] [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[3] 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[4], and he thus [Rabbinically[5]] transgresses on its ownership even if he places it in a public area.[6] 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.[7]
Placing in non-public for all area prior to the 6th hour on Erev Pesach:[8] 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.[9] [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.[10]] 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.[11]
After the 6th hour on Erev Pesach:[12] 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.[13]
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:[14] 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[15] [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.[16] 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.[17] 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!
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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?[18] 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:[19] 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.[20] 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.[21] The following are the available options in such a case: 1. Mechiras Chametz:[22] 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.[23] 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[24] negate relying on this sale regarding the Chametz garbage, and thus state one is to use one of the next options.[25] 2. Disown garbage bin:[26] 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:[27] 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:[28] 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.[29] 5. Burn:[30] 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:[31] 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.]
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[1] Admur 445:1-2; See also 431:1-3, brought in previous Halacha
[2] 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.
[3] 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.
[4] 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]
[5] 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!]
[6] 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]
[7] 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]
[8] Admur 445:2
[9] 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.
[10] See Q&A!
[11] 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.
[12] Admur 445:3; Kuntrus Achron 444:2 “Disgarding 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]
[13] 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]
[14] Admur 440:16
[15] See Kuntrus Achron 440:11 as to how the sale is valid if the actual Chametz does not belong to him
[16] Admur in gloss on Kuntrus Achron 440:11
The reason: As the Chametz is not his to nullify.
[17] 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!
[18] 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
[19] 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
[20] 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.
[21] 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.
[22] Chelkas Yaakov ibid; Teshuvos Vehanhagos ibid in name of Steipler
[23] 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]
[24] Beir Moshe ibid
[25] 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]
[26] Chelkas Yaakov ibid, in name of Agudas Eizov; Mishneh Halachos ibid; Teshuvos Vehanhagos ibid; Betzel Hachochma
[27] Minchas Yitzchak ibid; Shevet Halevi ibid
[28] Minchas Yitzchak ibid in name of Haggadas Agudas Eizov
[29] 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]
[30] Orchos Rabbeinu Pesach 34 that so was custom of Chazon Ish
[31] Minchas Yitzchak ibid that so he arranged, and so is done today
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