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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.[1] 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[2], even if the Chametz was immediately removed.[3] Nonetheless, the penalty of Kareis/Malkus only applies in specific scenarios, as explained in the footnote.[4] If the Chametz ingredient caused “Kiyuha” [i.e. sour, or taste of fermented yeast[5]] 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[6], and at times carries the penalty of lashes.[7] 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].[8] 2) The Chametz ingredient has not dissolved in the food, and a crumb still remains within it.[9] 3) The Chametz was used as a catalyst.[10] 4) The food was not made under Pesach supervision.[11] 5) The Chametz is a Davar Shbiminyan.[12] 5) The Chametz fell into the food during Pesach, from the night of the 15th and onwards.[13]
The following is a general summary of this matter regarding owning the food:[14] 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.[15] Furthermore, even if it does not contain any taste of Chametz[16], 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.[17] 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.[18] However, it is Rabbinically forbidden to be owned if the Chametz taste can be felt in the dish [i.e. not nullified in 60x].[19] 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][20], nevertheless, it is Rabbinically forbidden to be owned.[21] 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].[22] 2) The Chametz ingredient has not dissolved in the food, and a crumb still remains within it.[23] 3) The Chametz was used as a catalyst.[24] 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[25], nevertheless, it is permitted to be owned.[26]
Chametz fell in on Pesach:[27] 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.[28] It is likewise forbidden to own the food, and in certain cases, it must be destroyed.[29] 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.[30] Furthermore, some are stringent to suspect that even cold foods transfer taste.[31] See Chapter 6 Halacha 3A for the full details of this subject!
Benefiting from the food:[32] All Chametz mixtures which are permitted to be owned, as explained above. are likewise permitted to be benefited from [i.e. sold, etc].
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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. 1. There is no actual Chametz in the mixture, but simply taste. 2. There is a Kezayis of Chametz within the mixture, but not within Pras, and it does not give taste but gives sourness. 3. The Chametz was intentionally added to the mixture as a normal ingredient. 4. The less than Kezayis of Chametz in the mixture remained intact and has not dissolved. 5. 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?[33] Some Poskim[34] 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.[35] However, if the mixture occurred with the Jews food, then it is not nullified. Other Poskim[36], 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[37] differentiate between Chametz of a gentile, which is not nullified, and ownerless Chametz, which is nullified.
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[1] 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. [1st 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. [2nd 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 15th and onwards, then the food is always Rabbinically forbidden to be eaten, whether the pot was Ben Yomo or not. [Admur 447:8]
[2] See Rama Y.D. 98:1
[3] Admur ibid
[4] 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]
[5] See Glosses of Mahril in 442:9; M”B 169:1; Rashi Kesubos 61a
[6] 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!
[7] 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.]
[8] Admur 442:6
[9] Based on Admur ibid; see also 466:9-10
[10] Admur 442:10
[11] Admur 447:43
[12] Admur 447/20
[13] 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]
[14] Admur 442:1
[15] 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]
[16] See previous footnotes as to how this case is possible if there is 17% Chametz in the mixture.
[17] 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]
[18] 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]
[19] 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!]
[20] 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
[21] 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]
[22] Admur 442:6
[23] 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..
[24] Admur 442:10
[25] As stated in the previous footnotes
[26] 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]
[27] 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 15th 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]
[28] 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 6th 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 6th 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]
[29] See Admur 447:1-2
[30] Admur 451:34
[31] Admur 467:29-30
[32] Admur 442:24; M”A 442:7 regarding the Tiraka; Chok Yaakov 447:13 and 18; Implication of Terumos Hadeshen 113
[33] See Piskeiy Teshuvos 447:1
[34] 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
[35] 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]
[36] Peri Megadim 448 A”A 1; Beis Yitzchak 2:10; Avnei Nezer 274; Toras Chesed 21
[37] Poskim in Sdei Chemed ibid
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