The laws of Pesach-Summary-Part 4-Laws relating to Chametz-2

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1. The Chametz prohibitions:

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

1. Prohibition of eating Chametz:

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

שמות יב:טו

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

2. Prohibition against benefiting from Chametz:

It is Biblically forbidden to benefit from Chametz beginning from midday of Erev Pesach. This law is elaborated on within the section of Kosher for Pesach foods and products.

3. Tashbisu-The command to destroy Chametz:

The positive command for one to destroy his Chametz begins to apply at midday of Erev Pesach. One who owns Chametz past this time transgresses this positive command, although is not liable for lashes. This law is elaborated on within the section of Biur Chametz.

שמות יב:טו

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

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

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

שמות יב:יט

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

שמות יג:ז

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

5. Bedikas Chametz:

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

2. The prohibition of eating and benefit:

It is forbidden to eat or benefit from Chametz, even if the Chametz is ownerless, or is owned by a gentile.

• From when: From midday of the 14^th and onwards it becomes Biblically forbidden to eat or benefit from Chametz and one who does so transgresses a negative command. The sages added two more hours towards this prohibition in order to prevent one from transgressing if he gets mixed up on a cloudy day. Thus, they prohibited eating Chametz from the beginning of the 5^th However, it is permitted to receive pleasure from Chametz until the beginning of the 6^th hour. Thus, one may sell Chametz to a gentile during the 5^th hour. As well one may feed it to animals and birds during the 5^th hour. From the 6^th hour all Chametz becomes forbidden in benefit even if it does not belong to him.
• What is considered benefit? Beginning from the 6^th hour of the day of the 14^th it is forbidden to sell Chametz to a gentile or give it to him as a present. It is forbidden to disown the Chametz [by declaring it hefker and placing it in a public area, and rather one must destroy any Chametz that he still has not removed from his home.] It is forbidden to feed Chametz to even a wild, disowned, animal [as one receives benefit by fulfilling his desire to satiate the animal’s hunger.] The Chametz of a gentile is also forbidden in benefit.
• May one smell bread that is baking? From the 6^th hour it is forbidden to smell the baking of Chametz [as this gives one pleasure].
• Irregular benefit: Irregular benefit of Chametz is only Rabbinically forbidden. However, if one needs to do so for the sake of medicine, then it is permitted. Thus, one swallow capsules on Pesach even if they contain Chametz, and even if the pill has Chametz as a main ingredient.
  • Is ownerless Chametz forbidden in benefit? Yes.
  • May one feed ownerless Chametz to an animal?
  • If one’s animal only eats Chametz foods what should he do with it on Pesach? He should sell the animals to a gentile.
  • Does one have to move for Pesach if he lives near a bakery and will inevitably smell the Chametz? However he should not intend to receive pleasure from the smell.
  • May one pass by a bakery even though he will inevitably smell the Chametz? Yes, he may do so long as he has no intention to smell the Chametz.