This Halacha is an excerpt from our Sefer

Buy me here or on Amazon.com

Traveling-Cleaning/Checking one’s home for Chametz prior to traveling for Pesach:

A. One is planning to sell his home/Chametz to a gentile [i.e. Mechiras Chametz]:^[1]

[The obligation of cleaning and checking one’s home prior to travel, as explained in B, only applies if one will not be selling his home/Chametz to a gentile before Pesach, or if he plans to return home during Pesach.] If, however, one plans to leave the home and sell/rent the home to a gentile prior to Pesach, then he is not obligated to clean his home from Chametz if the gentile knows the Chametz has been disowned and that he can take it for himself.[2] This applies even if one leaves the home within thirty days before Pesach.[3] [The same applies if one plans to sell his Chametz to a gentile, as is commonly done today through the community Rabbi, and he does not plan to return until after Pesach, in such a case he is not obligated to clean his home from Chametz.[4]]

If one will no longer be able to fulfill the Mitzvah of Beidikas Chametz:^[5] If by traveling away from home and selling it to a gentile before Pesach, one will have no other place to check for Chametz before Pesach, [such as if he is arriving to his destination on Erev Pesach, and the area has already been checked for Chametz by his host], then some Poskim[6] rule one is required to clean and check [at least one room in] the home prior to traveling, if he is leaving the home within thirty days before Pesach, and another Jew is not moving into that home.[7] Other Poskim[8], however, rule one is never required to search the home before Pesach if it will belong to a gentile over Pesach, even if he leaves within thirty days before.[9] 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.^[10] [This however only applies if one is selling the home/chametz to the gentile prior to the night of the 14^th. However, if the sale is taking place after the night of the 14^th as is common with Mechiras Chametz today, then one should clean and check at least one room of his home prior to traveling, rather than rely on the sale.[11]] If, however, one will have to perform Bedikas Chametz upon arriving at his destination [such as he is arriving before Erev Pesach, or is arriving on Erev Pesach, but the area has not been checked for Chametz] then according to all opinions it is not necessary to also clean and check part of his home prior to traveling, if it will belong to a gentile over Pesach.[12] Furthermore, even if he will be staying as a guest in another person’s home for Pesach, and his host will be doing all the cleaning and checking in the home, according to all opinions he does not need to clean and check any part of his home prior to traveling if he arrives before the night of the 14^th.[13] Furthermore, even if he will not be moving into any home, and will not have Bedikas Chametz done by him or by a host, before Peach, if a Jew will be moving into the home before Pesach and do the Bedika there, he is exempt from doing so upon leaving.[14]

 

One is not planning to sell his Chametz for Pesach or does not want to rely on the Mechira:^[15]

Traveling within thirty days before Pesach to another city: If one is traveling away from home within thirty days before Pesach[16] [to another city^[17]], and does not plan to return before Pesach[18], then [if he does not plan to sell his Chametz] he must clean his home and perform a Bedika and nullification[19] the night before he travels, following all the normally required laws of cleaning and checking for Chametz.[20] However, he does not recite a blessing of “Al Biur Chametz” prior to his Bedika as he does when checking on the night of the 14^th.[21] The next day, prior to traveling, he is to remove all the Chametz from his property.[22] If one forgot and left his house without cleaning it from Chametz, then he is obligated to return to his house, or to send a messenger to his house, to clean out the Chametz from it, if he knows for certain that there is a Kebeitza [55 grams] of Chametz remaining in the home.[23] Alternatively, he can sell his Chametz to a gentile, as explained in A.

Traveling prior to thirty days before Pesach to another city:^[24] If one is traveling from home [to another city^[25]] prior to thirty days [before Pesach] and does not plan to return to his home until after Pesach[26], then he does not need to check at all any room which is only Rabbinically required to be checked. Rather, when Erev Pesach arrives, he nullifies all the Chametz that he has in all his property, without making a blessing over this nullification.[27] However, a room which is Biblically required to be checked[28], is disputed amongst the Poskim whether it must be checked prior to traveling. Some Poskim[29] rule it is required to be checked prior to traveling.[30] Other Poskim[31] rule it is not required to be checked prior to traveling.[32] Practically, one is to initially suspect for the former/stringent opinion and clean the Biblical areas of the home from Chametz prior to traveling. However, Bedieved, if he already traveled from the home without cleaning it from Chametz, then if it is troublesome for him to return to the home to clean it, he may rely on the lenient opinion and simply nullify his Chametz on Erev Pesach[33], if he left prior to thirty days before Pesach.[34] The above law, and subsequent dispute only applies if one is traveling to a different city. However, if one is moving elsewhere within the same city, then he must check his entire home on the night of the 14^th home.^[35]

Leaving family members at home-Appointing others to clean and check the home on one’s behalf:[36] Alternatively to cleaning and checking one’s home before traveling, one can appoint a messenger to clean and check his home, and nullify his Chametz, on his behalf on the night of the 14^th. For example, if one is leaving [also] his wife and older children and household members, in his house, which are knowledgeable/responsible and are able to check the house for Chametz in accordance to all the requirements that were explained in chapter 3 and 4, then he does not need to search at all prior to leaving, and rather he may command one of them and appoint him to do the search and nullify the Chametz when the time comes.[37] In such a case, he too should nullify his Chametz when the time of nullification arrives.[38] If one left his household members in his house and forgot to command them to search the home, they are nevertheless obligated to clean and search it for Chametz.[39] They are likewise to nullify the Chametz after their search even though they were not appointed to do so.[40]

General Summary: Traveling and plans on selling Chametz: If one plans to sell his Chametz to a gentile and he does not plan to return until after Pesach, then he is not obligated to clean his home for Chametz prior to traveling. However, if one will only be arriving to his destination on Erev Pesach [i.e. the 14th of Nissan], then it is proper for him to clean at least one room and perform the Mitzvah of Bedika at home on the night of the 14th, or the night prior to leaving. Not selling Chametz-Traveling within 30 days: One who is traveling from home to a different city within 30 days before Pesach and does not plan to return before Pesach, must clean, check and nullify the Chametz from his home, the night before he leaves. A blessing is not recited upon this Bedika. If one traveled prior to cleaning his home, then he must return to clean it, or hire an emissary to do so for him, or sell his Chametz to a gentile.  Not selling Chametz-Traveling before thirty days: One who is traveling from home to a different city prior to thirty days before Pesach, is only required to clean, check, and nullify the Chametz from areas that have a Biblical suspicion of Chametz. However, if he traveled without cleaning the home, he is not required to return to clean it if doing so will pose difficulty, and rather he may rely on his nullification which will be said on Erev Pesach. How to do the Bedika: In all cases that a Bedika is required prior to leaving, it follows the same laws as the Bedika performed on the night of the 14th. Thus, it is to be done at night, with the use of a candle [or flashlight], however, without a blessing. After the Bedika, one is to nullify his Chametz.   Practical application If one is going to away for the entire duration of Pesach [i.e. going to Pesach getaway; parents or in-laws] must he clean and check the home prior to leaving? If one plans to sell his Chametz to a gentile, as is commonly done through the Rav of one’s community, then he is not obligated to clean his home from Chametz. However, if one will only be arriving to his destination on Erev Pesach [i.e. the 14th of Nissan] then it is proper for him to clean at least one room and perform the Mitzvah of Bedika the night before leaving.[41] If one will arrive to his destination before the night of the 14th, and will thus have Bedikas Chametz performed there either by him or his host, then there is no need to clean any part of his home prior to leaving.[42] When arriving to a host before the night of the 14th, there is no need for one to do his own Bedikas Chametz at their location, and rather the host does it on their behalf.   A Yeshiva or seminary student is leaving for Pesach-Must they clean and check their rooms for Chametz prior to leaving? Each student is to clean his room for Chametz prior to leaving before Pesach, unless the room will not be used during Pesach, and both he and the directorship of the school perform Mechiras Chametz.[43] One owns a summer home in the country-Must they clean and check their rooms upon leaving in the summer? If one plans to sell his Chametz to a gentile, as is commonly done through the Rav of one’s community, then he is not obligated to clean his home from Chametz. Otherwise, all Biblical areas must be cleaned and checked, as stated above.   Q&A By what time must one leave the premises, if he is going away for Pesach and did not clean his home on the basis of selling it to a gentile? He must leave the home prior to the start of the 6th hour on Erev Pesach.[44] May one who went away and did not clean his home for Pesach, having included it in the sale to the gentile, enter the home during Pesach?[45] One may not do so on a steady basis. However, one may do so on occasion to retrieve a necessary item and the like.   May one who went away and did not clean his home for Pesach, having included it in the sale to the gentile, allow others to say in it during Pesach?[46] No, as stated above!

 

Left prior to thirty days before Pesach but intends to return on Pesach:^[47]

If one traveled from his home [to another city^[48]] before Pesach with intention to return on Pesach, then he is obligated to clean and check his home for Chametz prior to leaving, even if he is leaving a full year before Pesach, such as right after the previous Pesach, [and even if he plans to nullify his Chametz before Pesach]. He is obligated to check all the rooms which require checking on the night of the 14^th, including even rooms which are only Rabbinically required to be checked.[49] [This applies even if he plans on selling his Chametz to a gentile.[50] If one traveled prior to cleaning his home, then he must return to clean it, or hire an emissary to do so for him, or sell his Chametz to a gentile.[51]]

 

Practical application v  One is currently in his second home and plans to return to it in middle of Pesach. He must clean and check the home for Chametz the night prior to leaving, even if this occurs many months before Pesach. v  One is going on a Pesach getaway, or to relatives, for the first days of Pesach, and plans to return during Pesach. He must clean and check the home for Chametz the night prior to leaving.

 

One is living in the home of a gentile and is leaving before Pesach:^[52]

If one is living in the home of a gentile and plans to leave prior to Pesach, then he is not obligated to clean the home from Chametz if the Gentile will be entering the home before Pesach, and knows the Chametz has been disowned and that he can take it for himself, as explained in A-See there!

If the gentile won’t enter the house until after the 6^th hour on Erev Peach:^[53] The above allowance, only applies to a case that the gentile will enter the home before the 6^th hour on Erev Pesach.[54] However, if the gentile will not enter the home until after the 6^th hour on Erev Pesach, then the Jew is obligated to check the house of the gentile which he is moving from.[55] [If he is leaving within 30 days before Pesach to a different city, or is moving even prior to thirty days before Pesach but to another house within the same city, then] he must even check the rooms which are only Rabbinically required to be checked. [However, if he is leaving to a different city prior to 30 days beforehand then he does not need to check the Rabbinical rooms and even the Biblical rooms are a dispute if they need to be checked as explained above in B.]

 

One who is moving within the same city:^[56]

In all cases that we rule that the home one is leaving must be checked the night before he travels [See B-D], this applies only if one is traveling to a different city. However, if one is moving within the same city, then he is only obligated to check the house on the night of the 14^th. In such a case, he is obligated to check the entire house, even the Rabbinical rooms, even if he moves prior to thirty days before Pesach.[57]

 ____________________________________________________

^[1] Admur 436:20 “A Jew which is living in a gentiles house and plans to be leaving [before Pesach] to live in another house in that city or in a different city, then if the non-Jew will enter the house before Pesach, then the Jew does not need to search the house of the gentile, of which he is leaving, for Chametz, even if he is leaving within thirty days before Pesach, in which case the obligation to destroy ones Chametz already takes effect, and even if he for certain has a lot of Chametz there, he does not need to destroy it from there.”

[2] Above applies even if the gentile did not yet find the Chametz: The above allowance applies even if the gentile did not yet [actually] take the Chametz which is in his house before Pesach, or did not even find it yet, being that since if the gentile wanted to take it, he could do so, whether if this is because he knows that the Jew has given up [Yiush] on it and disowned it, or [he does not know that the Jew disowned it but will anyways take it] because he is strong and demanding, [therefore it is permitted]. [Admur ibid]

The reason there is no Biblical owning prohibition on this Chametz: One does not [Biblically] need to destroy this Chametz which is left in the home of a gentile, as he does not transgress the owning prohibition with this Chametz, even if it will be left there throughout the entire Pesach. The reason for this is due to that since the Jew has left the gentiles home leaving the Chametz there, and did not take it with him, he has therefore given it up [Yiush] and disowned it, as for certain the gentile will take the [leftover] Chametz for himself. [Admur ibid]

The reason there is no Rabbinical decree to clean this Chametz: The reason for why there is no decree of the sages in this case that disowning is invalid, is because the sages only decreed that nullification and disowning is helpless for the Chametz, if the Chametz will remain after the nullification within the property of the Jewish owner of this Chametz, or in property that is owned by other Jews, or even in the property of a gentile, if the gentile does not know that the Jew has disowned it and will thus not take it for himself. However, when it is known that the gentile will take the Chametz for himself when he finds it in his property, whether he will take it because he knows that the Jew has given up [yiush] on it and disowned it, or [he does not know that the Jew disowned it but will anyways take it] because he is strong and demanding, then there is no greater form of disowning then this [and thus the decree of the sages do not apply]. [In other words, the explanation of above is as follows:] The sages only decreed that the nullification and disowning which a person does in his mind and heart are invalid. However, when the Chametz becomes disowned automatically, such as when it is placed in a public area, or in an area which belongs to a gentile in a way that the Chametz has been disowned automatically to this gentile which is the owner of the property, then by such a great form of disowning, the sages did not decree against if it was done prior to the 6^th hour, as explained in chapter 445/1-2. [Admur ibid]

[3] The reason: The reason why one is not Rabbinically obligated to destroy it even though one is within thirty days before Pesach is because he is able to fulfill the [Rabbinical] mitzvah to search and destroy the Chametz in the house [to which he is now moving to and] will be staying for Pesach, [and therefore there is no need for him to also destroy the Chametz in this house that he is leaving].  [Admur ibid]

[4] It is disputed amongst Poskim as to whether one must clean out Chametz from areas which one plans to include in the sale to a gentile which will take place on the 14^th of Nisan. Practically, the custom is to be lenient in this matter and there is thus no obligation to clean a home that one will sell/rent to the gentile. Some however are particular to sell the Chametz on the 13th, in order to avoid this dispute. See Chapter 4 Halacha 2 in Q&A for a full analysis on this subject!

^[5] Admur 436:21

[6] 1^st opinion in Admur ibid “If after the Jew leaves [the gentiles] home he plans to travel overseas [on a ship] or by caravan before Pesach [such as a road trip] then if he will not be living in a house on Pesach, and will thus not be able to fulfill the Mitzvah of “Destroy the Chametz from your house”, then the following is the law. If he is traveling within thirty days before Pesach, and another Jew will not be moving [before Pesach], for purposes of living, to the house that he is leaving from, but rather the gentile owner, or another gentile, will be moving in, then there are opinions who hold that he is obligated to search the house of the gentile before he leaves it, and destroy the Chametz from in it.”

[7] The reason one must check despite the fact that the gentile will anyways enter Chametz back into the home: Now, even though after one checks the home the gentile will enter in it, and bring with him Chametz throughout all the days of Pesach, nevertheless, one is still obligated to clean and check the area for Chametz. The reason for this is because the Jew is not commanded to prevent there from being Chametz within the house of the gentile on Pesach, and the only reason for why he is nevertheless searching the home that he is leaving from is in order to fulfill the mitzvah of “Destroy Chametz from your homes”, of which he has already become obligated in from thirty days before Pesach, in a situation that he will not be able to do so when Pesach arrives. The reason for why within thirty days before Pesach this obligation takes effect is because starting from thirty days before Pesach one is obligated to beware of the Pesach requirements. Thus, all the Mitzvahs that are relevant to Pesach which one will not be able to fulfill when their time arrives, he is Rabbinically obligated to fulfill them within thirty days before Pesach, then to do so. [Admur ibid]

[8] 2^nd opinion in Admur ibid “However others hold that the Jew does not need to search the house of the gentile at all, even if he is leaving within thirty days before Pesach, and even if he for certain has a lot of Chametz there, he does not need to destroy it.”

[9] The reason: The reason for this is because even when thirty days before Pesach have arrived, the Mitzvah of “Tashbisu…” does not take effect since he will be exempt from it when Pesach arrives [being that] he will not be living in a house [when Pesach arrives]. [The reason for why it does not take effect, even though he is now, within thirty days is because] 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. Thus, even if within thirty days he has a house and inside of it he has Chametz, and he knows that when Pesach arrives he will not have this house, then he is not even Rabbinically obligated to destroy the Chametz from within it before the time arrives which the sages had instituted [i.e. The night of the 14^th], being that when Pesach arrives he will not have the Mitzvah of Tashbisu apply to him at all, and if he will then own Chametz without being in a house, then he will destroy it as is required. [Admur ibid]

^[10] Admur ibid in parentheses

[11] Possible implication of Admur ibid that in such a case he must check; See P”M 436 M”Z 7 who implies he is obligated to search the home in such a case according to all and so would apply according to all Poskim who rule the sale on the 14^th does not exempt the Bedika on the night of the 14^th. [See Chapter 4 Halacha 2 in Q&A!]

Implication of Admur ibid: Admur ibid states “He is not even Rabbinically obligated to destroy the Chametz from within it, before the time arrives which the sages had instituted.” This implies that once the time that the sages have instituted has arrived [the night of the 14th] then one may no longer exempt himself from the obligation by selling his house to a gentile. Thus, according to this, when one is leaving for Pesach and will be selling his house to the gentile on the 14^th as is normally done today, then if he will not be entering another home, he must check it and destroy the Chametz, even though he plans to sell it to a gentile. However, perhaps there it is not referring to when the night of the 14th arrives, but to when the 6th hour arrives on Erev Pesach. See end of 433. Vetzaruch Iyun! This is aside for the debate in Poskim as to whether one must check on the night of the 14^th areas sold to a gentile.

[12] Admur 436:20 “The reason why one is not Rabbinically obligated to destroy it even though one is within thirty days before Pesach is because he is able to fulfill the [Rabbinical] mitzvah to search and destroy the Chametz in the house [to which he is now moving to and] will be staying for Pesach, [and therefore there is no need for him to also destroy the Chametz in this house that he is leaving]. 

[13] The reason: This allowance applies even if one will not be moving into his own home, but will be moving in with someone else, and that someone else is the owner of the house, and that owner will check for and destroy the Chametz himself [and thus he will not be able to do a Bedika for Chametz]. The reason for this is because the owner will also search and destroy the Chametz which he [the guest] used in that house from when he arrived there until Pesach. Therefore, this owner is considered to be his [the guests] emissary to check and destroy his Chametz, and since the rule is that the emissary of a person is like the person himself, therefore, it is considered as if he himself has destroyed his Chametz, [and he has thus fulfilled the decree of the sages to search for and destroy the Chametz of at least one home, no matter what the situation]. [Admur 436:20]

[14] The reason: If another Jew will be moving into his home, then [according to all one does not have to search it before leaving, even in this case that he will not be living in a house on Pesach, as] the latter Jew is obligated to search for and destroy the Chametz of the previous Jew [and thus fulfills ones obligation for him, acting as his emissary as explained above]. [Admur ibid]

^[15] Admur 436:1 “One who leaves his house before Pesach [to another city] and does not plan to return until after Pesach, or does not plan to ever return, then if he is not leaving anyone in his home which is able to do the Bedika on the night of the 14th, then if he is leaving within thirty days before Pesach, he must check with a candle all of his rooms the night before he leaves, and do a nullification [after the Bedika] the night before, with all the laws necessary but without a brachah. This applies even if he never plans on coming back.”

[16] From when do the 30 days begin? Some rule that the obligation begins from the 14th of Adar. [Avnei Nezer 222; Implication of Admur 429] However, see Chikreiy Halachos of Rav Pekarsky that he learns that according to Admur, the 30 days begin from after Purim. Vetzaruch Iyun

^[17] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he does not need to search his old home before he leaves, as it can simply be checked on the night of the 14^th. See E!

[18] Left before Pesach and plans to return before Pesach: If, however, one intends to return before Pesach, then he does not need to clean the Chametz from his home prior to leaving even if he certainly has a lot of Chametz in his house, and even if he leaves within thirty days before Pesach. The reason for why we do not suspect that perhaps he will [not] arrive back home [with enough time to do the search, such as that he will arrive] on Erev Pesach near dark, and he will thus not have time to destroy the Chametz before Yom Tov, is because since he plans to return before Pesach, certainly he will hurry his return and will precede to arrive home before the 14^th in order so he be able to search his rooms on the night of the 14^th as the sages instituted, and to then destroy the Chametz at the time it needs to be destroyed. [Admur 436:9]

Left before Pesach without intent to return and then changed mind: If after one left his home and was already on the road, he then changed his mind and decided not to return back home before Pesach but rather to return on Pesach, nevertheless, he does not need to send a messenger to his home to destroy the Chametz that is in it, even if he knows that there is a lot of Chametz there. Rather, it suffices for him to nullify his Chametz in the area that he will be in on Erev Pesach. The reason for this is because since the person was allowed to originally leave his home without searching for Chametz, as at that point he had in mind to return before Pesach, [therefore he is exempt from the Bedika obligation]. [Gloss in Admur 436:9]

If one leaves on a ship or caravan for a long journey thirty day before Pesach and plans to come back before Pesach: See Admur 436:10. This Halacha is no longer relevant today in light of our modern forms of transportation.

[19] Admur ibid; Magen Avraham; Implication of Tur and Shulchan Aruch and Rama, brought in Kuntrus Acharon 436:2

The reason: Immediately after the search one nullifies all his unknown Chametz which he did not find during his search, in order to fulfill the institution of the sages which instituted to nullify the Chametz immediately after the search, for the reasons explained in 434. [Admur ibid]

Other opinions: Some Poskim rule it is not necessary to perform Bittul after the Bedika. [Chok Yaakov, brought in Kuntrus Acharon 436:2]

[20] The reason: [The reason for why one becomes obligated within thirty days before is because thirty days before Pesach] one begins to ask and expound about the laws of Pesach, he therefore has the obligation to be careful and fulfill all the Rabbinical commands. [Admur ibid; Meaning even though checking for Chametz on the night of the 14^th when one nullifies it is only a Rabbinical obligation, nevertheless it takes effect thirty days before Pesach.]

If one forgot to check the night before: If one forgot to check the night before then one checks it the next day using candle light [in those places where sunlight may not be used, as explained in 433]. [Admur ibid]

[21] The reason: The reason for why no blessing is said is because the search which is being done now is not the main time for the search to be done as was instituted by the sages. As they instituted it to be done on the night of the 14^th, and from there and onwards [if one did not check on the night of the 14^th] until the end of the festival. [Admur ibid; Meaning, since the main institution of the sages was to check on the last opportunity possible which is the night prior to the festival [i.e. the 14^th], thus, although this also obligates one to search beforehand if he will not be able to do so on the last night, nevertheless, he may not say a blessing, as this was not the main obligation. Similarly, we find this ruling in 433/7 regarding one who wants to check his house completely before the 14^th, that no blessing is said. As for why a blessing can’t be said due to the fact one is fulfilling the Biblical command of Tashbisu, this is because that command only begins at midday of 14^th and not beforehand. [See Admur 446:1]

[22] Admur ibid “The moment before one leaves to travel, he is obligated to remove all the Chametz [which he found by his search and which he placed aside for eating] from his property that is in this city that he is leaving from.”

[23] Admur 436:7 “If one forgot and left his house within thirty days before Pesach and did not destroy the Chametz that is in it, then if he knows for certain that there is at least a Kebeitza [55 grams] of Chametz in his house, then he is obligated to return to his house, or to send a messenger to his house, to destroy the Chametz from it. This applies even if when he remembers to check his home he is already traveling on the road for a few days, and there is thus much trouble and great loss to return home. [Admur ibid]

One is traveling for the sake of a Mitzvah: If, however, one is traveling for a Mitzvah purpose then he does not have to turn back as explained in chapter 444, see there for details. [Admur ibid]

One does not know how much Chametz is left: If one does not know for certain that there is a kebeitza of Chametz in his home, then one does not need to return and check.

^[24] Admur 436:5-6

^[25] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he must check his entire home on the night of the 14^th. See E!

[26] If, however, one intends to return before Pesach, then he does not need to clean the Chametz from his home prior to leaving, and even if he later changes his mind to not return before Pesach, he is not required to send a messenger to search his home. [Gloss in Admur 436:9; See previous footnotes regarding if he traveled within thirty days]

[27] The reason: If one leaves his house prior to thirty days [before Pesach] and does not plan to return to his home until after Pesach, then even if he is not leaving anyone in his home which can check for him, he does not need to check at all before leaving, and rather when Erev Pesach arrives, he nullifies all the Chametz that he has in all his property, without making a blessing over this nullification. The reason for why one is not obligated to search for Chametz when leaving prior to thirty days is because prior to thirty days he is not yet obligated to be careful regarding the needs of Pesach. The reason for why no blessing is said when he nullifies the Chametz is because the main aspect of nullification is in one’s heart, and one does not say a blessing over matters that are done in one’s heart. [Admur 436:5]

The reason why specifically the Rabbinical rooms do not need to be checked: Those rooms which are only Rabbinically obligated to be checked on the night of the 14^th, such as the storerooms of wine and oil and the like which one uses to supply for his meals, as well as all the other rooms which Chametz is not commonly constantly used in them, and thus do not need to be checked at all Biblically, even if he has not previously nullified his Chametz, such rooms do not need to be checked at all when leaving prior to thirty days before Pesach. The reason for this is because Biblically we do not suspect at all that perhaps a Kezayis of Chametz has remained in the room, and thus Biblically it does not need to be checked at all, even if he has not previously nullified his Chametz, and it only needs to be checked because the sages decreed. [Therefore] in this case that one is leaving thirty days before Pesach [it does not need to be checked, as] the sages said that their decree [of checking Rabbinical rooms] does not begin to apply [prior to thirty days] and we thus follow the Biblical law [which does not require such rooms to be checked]. [Admur 436:6]

[28] Such as the dining room and the rooms which are commonly used for Chametz throughout the year, and it is thus impossible that a crumb of Chametz the size of a kezayis has fallen into the room, and one is thus Biblically obligated to check and destroy the Chametz that is in them. [Admur 436:6]

[29] 1st opinion in Admur 436:6 “Those rooms which are Biblically obligated to be checked for Chametz and have their Chametz destroyed when midday of the 14^th arrives [if they did not nullify the Chametz beforehand], need to be checked even when leaving prior to thirty days before Pesach, [even if one will nullify] his Chametz.” M”A 436:2; Bach 436; Kol Bo 48; Yerushalmi 1:1; Poskim brought in Kuntrus Acharon 436:6

[30] The reason: The reason for why they need to be checked [even though Biblically, nullification itself suffices] is because since he is leaving his house and does not plan to return before Pesach, and he will therefore not be able to check and destroy the Chametz in his house by midday of the 14^th, therefore, at the time that he is leaving his house, he has a Biblical obligation to destroy the Chametz from his home. Biblically, there is no difference when one leaves his house, whether within thirty days before or prior, [either way he must make sure that all of his Chametz is destroyed by the time Pesach arrives]. Thus, since the Biblical command to destroy the Chametz applies prior to thirty days, therefore also the Rabbinical decree which decreed that one does not fulfill the destruction by just nullifying and disowning the Chametz, and that rather he must remove it from his house and all his property, applies as well to this command of destruction which begins thirty days before. [Admur ibid]

[31] 2^nd opinion in Admur 436:6 “There are those who argue on the above opinion and say that even if one certainly has a lot of Chametz in his home, he does not need to destroy it when leaving prior to thirty days, and rather nullifying it on Erev Pesach in the area where he will be in suffices, and even this nullification is only Rabbinically required.” Rashi; Ran

[32] The reason: The reason for why [even the Biblical required rooms do not need to be checked, and for why even nullification is not Biblically required], is because [according to this opinion] Biblically one does not transgress at all Bal Yiraeh and Baal Yimatzeh on this Chametz that is in his house, since it is not found by him during Pesach, and the Torah said “Do not have Chametz found” forbidding only Chametz which is found in ones hands. This Chametz is viewed just like Chametz which had a mound of stones fall on it, and follows the opinion who holds that such Chametz is considered destroyed completely from the world and does not even need to be Biblically nullified, but rather only Rabbinically, as Biblically one does not transgress at all Baal Yiraeh and Baal Yimatzeh. Similarly, this Chametz too which is not found by him during Pesach is considered towards him like it is destroyed. Nevertheless, when he leaves within thirty days, the sages decreed that Lechatchilah one does not fulfill his obligation with this form of destruction, and he must rather destroy it as is required with a complete destruction before he leaves his house.  However, when he leaves prior to thirty days before, then this Rabbinical decree does not yet begin to apply, and he may [therefore] Lechatchilah do the Biblical form of destruction which is done through him traveling away from his home, causing that when Pesach arrives the Chametz will not be found by him, and to him it considered like it is destroyed. [Admur ibid]

[33] Is a blessing recited upon saying the nullification? Any time that one is obligated to search his home before leaving and he forgot or transgressed and left without doing so, then even though he is obligated to nullify his Chametz in whichever place that he will be in on Erev Pesach, and according to some opinions this nullification is Biblically required, nevertheless no blessing is said over it, [being that we do not make blessings over matters of the heart] as explained above in 436/5.

[34] Admur 436:6; Poskim brought in Kuntrus Acharon 436:6

^[35] Admur 436:22; See E!

[36] Admur 446:2

[37] One is allowed to appoint an emissary to do the Bedika and nullification, as one’s emissary is considered like oneself. [Admur ibid] Nevertheless, as explained in chapter 432, Lechatchilah it is proper to be careful to not appoint a woman as one’s emissary to do the search. [Gloss in Admur ibid; Thus, if one can appoint a male above 13 to do it, then he should appoint him rather than one’s wife. However, if this is not available, then one appoints his wife, as since his wife will be living in his home it is worthless for him to do the Bedika beforehand, and thus he has no choice but to appoint his wife.]

If one is leaving [only] small children at home: If one is leaving [only] small children [who are not mature enough to be able to check for the Chametz themselves, ] in his home [and his wife is traveling with him], and he thus needs to leave for them Chametz for them to eat, then he needs to remove the children from his house to the house of another person, and leave the Chametz for them to eat in that persons home, and his home and all its checked rooms are to be closed up in order to prevent any person from entering any more Chametz into it, as if he does not do this [i.e. prevent Chametz from being entered into his home] then his search which he did is meaningless. [Admur 436:1; See Kuntrus Acharon 436:3]

[38] Admur in gloss ibid “As well as explained in 434 it is proper for him in whichever place he is to also nullify his Chametz when the time of nullification arrives [as there are opinions who say that the nullification cannot be done by an emissary].” [However, one may not Lechatchilah rely on his own nullification and thus not appoint his emissary to do so, as since one will not be doing a Bedika he may come to forget to do a nullification, as explained in 434 regarding the reason for why the nullification was instituted to be done after the Bedika and not the next day.]

[39] Admur 436:3 “If one left his household members in his house and forgot to command them to search the home, they are nevertheless obligated to search even those rooms which they have not entered any Chametz into after the owner of the house left. Even those rooms which they will not enter at all on Pesach at all, and thus one will not come to eat from any leftover Chametz there that is in them, must be checked.”

The reason: The reason for this is because since the homeowner was obligated to search for Chametz all the rooms which are required to be searched [as explained in chapter 433] therefore those who remain in his home are obligated to exempt him from his obligation, as all Jews are guarantors for each other. [Admur ibid]

[40] Admur 436:4 “After the household members search for Chametz it is proper for them to also nullify the Chametz, and they should be warned to do so, despite the fact that their nullification does not help much being that the Chametz is not theirs and the owner never commanded them to nullify it, and did not make them emissaries [to nullify it or] to check for it.”

The reason: The reason why their nullification does not help much even though one can assume that the owner desires that those remaining in his home nullify the Chametz for him, is because [in order for an emissary to be able to nullify] the owner must explicitly reveal that he wants it to be done, and if not then the nullification of the emissary is meaningless, as explained in chapter 434. The reason for why they should nullify it despite the fact that their nullification does not help much  is because we suspect that perhaps the owner will forget to nullify the Chametz in the place that he is in, as since he is not dealing with searching for Chametz and destroying it, it is probable that he will come to forget to do so, and then the Chametz will not be nullified at all. It is thus better for the household members to nullify the Chametz then it not being nullified at all. It is therefore proper to warn them to nullify it in order to remove oneself from doubt.  [Admur 436:4]

[41] The reason: In order to suspect for the opinion that every Jew must fulfill the Mitzvah of Bedikas Chametz, and since he will not be able to perform it elsewhere, therefore he should do so to a room in his home the night before he leaves.

[42] The reason: As in any event he can perform the Bedika upon arriving to his destination on the night of the 14^th. This applies even if he is staying as a guest by another’s home, as by eating Chametz there, he becomes obligated in the Bedika, which is fulfilled on his behalf by his host.

[43] The reason: It is debated amongst today’s Poskim as to who is responsible for cleaning the dorm rooms for Chametz, and if it’s similar to a rental or not. Some say it is the responsibility of the student, as he pays tuition to stay there. [Piskeiy Teshuvos 437:3] Others say it is the responsibility of the directorship, as they own the place and have the right to move students from one room to another, and it is hence not a true rental. [Teshuvos Vehanhagos 1:287; Moadim Uzmanim 3:287; Chovas Hadar end of Sefer] Accordingly, the room may not be left unchecked unless both the student and directorship include it in their sale contract in order to cover all opinions.

[44] The reason: As past this time, all the Chametz is sold to the gentile, which includes the rent of the ground it is on. Hence, it ends up, that one’s entire home is included in the sale, and one no longer has permission to live in the gentile’s home. Furthermore, if one remains in the home past this time there is worry he may come to eat Chametz.

[45] See Piskeiy Teshuvos 448:14; 436 footnote 20

[46] See Piskeiy Teshuvos 448:14; 436 footnote 20

^[47] Admur 436:8

Left before Pesach without intent to return and then changed mind: If after one left his home and was already on the road, he then changed his mind and decided not to return back home before Pesach but rather to return on Pesach, nevertheless, he does not need to send a messenger to his home to destroy the Chametz that is in it, even if he knows that there is a lot of Chametz there. Rather, it suffices for him to nullify his Chametz in the area that he will be in on Erev Pesach. The reason for this is because since the person was allowed to originally leave his home without searching for Chametz, as at that point he had in mind to return before Pesach, [therefore he is exempt from the Bedika obligation]. [Gloss in Admur 436:9] Nevertheless, as soon as he arrives home, he must search and destroy all the Chametz.

^[48] Admur 436:22; The case here is discussing one who is traveling to a different city. However, if one is moving elsewhere within the same city, then he does not need to search his old home before he leaves, as it can simply be checked on the night of the 14^th. See E!

[49] The reason: The reason for why the rooms must be checked [even if he nullifies it before Pesach] is because since he will return to his house on Pesach, we suspect that that perhaps he will forget and eat from the Chametz that he will find in his dining room as well as in the other rooms which are common to have Chametz entered into them at times. [Admur ibid] The above assumes that one will perform Bittul before Pesach, in which case he does not transgress a Biblical owning prohibition even on the Biblical rooms, as explained in Halacha 1. However, if one forgets to nullify his Chametz before Pesach, then the Biblical rooms must be cleaned and checked in order to avoid transgressing the Biblical prohibition of owning Chametz.

Does one transgress a Rabbinical owning prohibition in such a case? Tzaruch Iyun if one transgressed and did not clean the home before traveling, but did nullify it, if the Rabbinical owning prohibition of Baal Yiraeh applies as soon as Pesach begins, even prior to arriving home, or it only begins once he arrives home, if he delays destroying the Chametz. due to worry that he may come to eat the Chametz.

[50] The reason: As it is forbidden to allow even a gentiles Chametz to remain openly visible in one’s home, lest one accidently come to eat it. In addition, if one does not perform a Bedika, then the entire house is considered “sold” to the gentile, and it is forbidden for one to make normal use of it. [See Halacha 1 in Q&A!]

[51] As we rule in B regarding one who traveled within thirty days before Pesach, and here too the same should apply, being there is no dispute as to the obligation.

^[52] Admur 436:20 “A Jew which is living in a gentiles house and plans to be leaving [before Pesach] to live in another house in that city or in a different city, then if the non-Jew will enter the house before Pesach, then the Jew does not need to search the house of the gentile, of which he is leaving, for Chametz, even if he is leaving within thirty days before Pesach, in which case the obligation to destroy ones Chametz already takes effect, and even if he for certain has a lot of Chametz there, he does not need to destroy it from there.”

^[53] 436:22

[54] The reason: As when he enters the house, the Chametz of the Jew which was left there, automatically becomes disowned to this gentile, being that when he desires to take the Chametz he will take it. [Admur ibid]

[55] The reason: The reason for this is because even though the Chametz will become disowned/hefker to this gentile when he enters his home, nevertheless, since the 6^th hour has already arrived before the Chametz has become automatically disowned, therefore, this Chametz has already become obligated to be completely destroyed from the world, and thus disowning it no longer helps, as explained in chapter 445. Thus this obligation applies even if one will be moving before Pesach into another home in this city or in another city, as even though he can fulfill the mitzvah of Tashbisu in that home, nevertheless, if he does not check and destroy the Chametz from this home that he is leaving from, he will transgress on Pesach a Rabbinical Baal Yiraeh, as the sages decreed that the nullification and disowning which a person does with his mouth and heart does not help at all. [Admur ibid]

^[56] 436:22 “If one is moving within the same city, then he is obligated to check [the entire house, even the Rabbinical rooms], even if he moves prior to thirty days before Pesach, on the night which he becomes obligated to check his other home which he will be living in on Pesach, which is on the night of the 14th, in order so he not transgress on the Chametz that is in it on a Rabbinical Baal Yiraeh and Baal Yiraeh.”

[57] The reason: In order so he not transgress on the Chametz that is in it on a Rabbinical Baal Yiraeh and Baal Yiraeh. [Admur ibid]

 

Bookmark