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Bitul Chametz

2014-04-20T14:46:23Z

98.109.181.242:

In order to completely remove chametz from one's property and not to violate the prohibition of owning chametz on Pesach, there is a procedure in which one nullifies one's chametz, called Bitul Chametz. This text is said twice; once after the [[bedikat chametz]] at night, and again in the morning of [[Erev Pesach]] before the sixth hour of the day. <ref> Shulchan Aruch 434:2. Rashi Pesachim 4a "bi'bitul bi'alma", the Ritva Pesachim 4a, Ran Pesachim 4a and Rambam chametz u'[[matza]] 2:2 say that this declaration is a mental destrcution and fulfills the requirement of tashbitu recorded in Shemot 12:15. Tosafot Pesachim 4b "midiorayta" says the bitul makes the chametz hefker, or ownerless. The gemara in Pesachim 6b writes that really physical destruction is enough to fulfill the torah obligation to destroy chametz but we are concerned that somebody may find chametz during [[pesach]] so the rabbis established bitul. The gemara also says that from the torah bitul alone would be enough, but Tosafot 2a writes that we are worried if somebody has chametz in his house, even though it is not really his, he may come to eat it. The Ran there explains that we fear that the person will on do the bitul half-heartedly and that would not be enough. </ref>
==Procedure of Bitul Chametz==
# Everyone in the family should say the text of Bitul Chametz.<ref>* Rabbi Hershel Schachter (OU Kosher Pre-[[Pesach]] Webcast 5770, min 4-5) said that since nowadays all members of the household have their own spending money and sometimes buy Chametz, it is proper that everyone do his own Bitul Chametz.
* The Ran (3b s.v. VeKatav) quotes the Baal HaItur, who says that one may appoint an agent to do Bitul Chametz according to the general principle of Shlucho Shel Adam K’moto (Kiddushin 42b). The Ran, however, quotes those who disagree because they understand Bitul to be based on Hefker, which cannot be done through an agent. The Beit Yosef 434:4 asserts that even if Bitul is based on Hefker, in reality it is more lenient than Hefker, because when the Chametz becomes forbidden one will not really own the Chametz. Thus, by declaring that one isn’t interested in the Chametz, one doesn’t violate owning Chametz on [[pesach]] (see Mekor Chaim 431 s.v. Lechen).
* The Tur and S”A 434:6 rule that one may appoint an agent to do Bitul. Mishna Brurah 434:15 writes that in extenuating circumstances, one may rely on S”A. </ref>
# Even if somebody appointed an agent to search for chametz for him, the owner should do the bitul for himself. But after the fact, if the agent did the bitul for him, and said "all the chametz in the possession of so-and-so should be nullified," this works as well. <ref> Chazon Ovadia [[Pesach]] 5763 part 1 page 56. Tur 434 and Shulchan Aruch and Rama 434:4, Orchot Chaim Chametz U'[[Matza]] 22, Maharam Chalava Pesachim 6b. The Nimukei Yosef Pesachim 6b quotes the Ritva that even though bedika can be done through an agent, bitul can not. He also quotes the Baal Ha'Ittur 120b that an agent can do the bitul as well. The Tur 434 also say it is permissible. The Beit Yosef there defends this by saying that even though according to some bitul is hefker and you cannot make somebody else's things hefker, chametz is different because it's not really his anyway because it is forbidden to him, and this is brought down in the Mishna Brurah 434:15. The Bach (434) offers another reason why one would not be able to appoint an agent to do Bitul; he explains that bitul is a mental decision which does not need to be expressed verbally, according to many opinions. Accordingly, one can not appoint an agent to fulfill a mental obligation. </ref>
# If one recites the bitul, but doesn't understand what he is saying, that chametz has not been nullified. Rather, he should say it in a language that he understands. <ref> Rama 434:2, Mishna Brurah 434:9, Chazon Ovadia 5763 part 1 page 54. Rama in Darchei Moshe 434:2 explains that this is why the kol chamira was written in aramaic and not hebrew, because aramaic was the spoken language of that time. Chazon Ovadyah (vol 1, pg 54) agrees. Magen Avraham 434:5, Baer Heitev 434:5, Kaf Hachayim 434:19 all write that preferably one should use use Aramaic so that other people and angels will not understand, because the bitul involves somewhat of degradation towards the bread. </ref>
# One should speak out the bitul and not just think it. <ref> Shulchan aruch 434:2. The tur 436 says that thinking is enough but the beit Yosef 431 quotes the ran that it is not enough. </ref>
# A good custom is to say the Bitul Chametz three times to strengthen the point.<ref>Chazon Ovadyah (vol 1, pg 54), Nitei Gavriel (vol 1, 34:8), Chida in Moreh Bi'etzba 203 </ref>
# If somebody is not home, he should do the bitul from wherever he is. <ref> Tur and Shulchan Aruch 434:4, Orchot Chaim Chametz U'[[Matza]] 22, Chazon Ovadia [[Pesach]] 5763 Part 1 page 56-57. Mishna Brurah 434:17 adds that this is true even if he appointed an agent to do the bitul for him </ref> If the husband is not home and they don't know if he did the bitul, his wife should do it, and say all the chametz that is in my husband's possession, even if he didn't tell her to do this. <ref> Shulchan Aruch 434:4, Mishna Brurah 434:19, Chazon Ovadia [[Pesach]] 5763 Page 57, Kaf Hachayim 434:60 </ref>
# No bracha is made upon the bitul chametz.<ref>Bet Yosef 432:1 explains that there's no bracha for bitul chametz since according to many opinions it is a mental obligation and can be fulfilled without any verbal declaration. [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_48825_245.pdf Hagadat Ohalei Shem p. 45] asks that according to the Gra, there is a bracha for Talmud Torah even if it is fulfilled mentally without any verbal expression (see [[Siman 47]]). He answers that bitul chametz can be fulfilled instantaneously in one's mind, however, thinking torah is a lengthy process and can endure for a long period of time. Additionally, he answers that primarily the bracha for torah is made for verbally learning torah, however, bitul is completely fulfilled in one's mind.</ref>

==Bitul at Night==
# After one does [[Bedikat Chametz]] and again after burning one’s Chametz in the morning, one should do Bitul including the text of LiBateil VeLehavei Hefker. <Ref>* The Gemara (Pesachim 4b) establishes that if one does Bitul Chametz, he need not physically get rid of the Chametz on a d’oriata level. D’rabanan, though, one still must do [[Bedikat Chametz]]. Rashi (s.v. BeBitul) explains that Bitul satisfies the Torah’s command of Tashbitu, the positive Mitzvah to remove one’s Chametz from his ownership. Tosfot (s.v. MiD’oraita), however, argue that Bitul does not fulfill the Mitzvah of Tashbitu but simply makes one’s Chametz ownerless (Hefker) and thereby avoids the prohibition of owning Chametz on [[Pesach]]. See Ran (Pesachim 1a) and Rambam (Chametz U’[[Matzah]] 2:2) for an elaboration of this dispute.
* The Hagahot Maimoniyot (Chametz U’[[Matzah]] 3:8) writes that based on the opinion of Tosfot, the text of the Kol Chamira should include “LiBateil VeLehavei Hefker.” Although the Beit Yosef 434:2 writes that the Minhag is to say Kol Chamira without any reference to Hefker, the Mishna Brurah 434:8, Kaf HaChaim 434:26-7, and Chazon Ovadia (p. 55) advise saying it.
* Rav Yehuda (Pesachim 6b) explains that after doing [[Bedikat Chametz]], one must do Bitul. The Gemara explains that Chazal instituted it at this time because one already is involved in getting rid of his Chametz through [[Bedikat Chametz]]. If one would wait until daytime to do Bitul, he might forget to say it before the beginning of the sixth hour, at which point the Chametz becomes forbidden and Bitul thus becomes impossible. The Rosh 1:9 quotes Rashi, who writes that some have the Minhag to do Bitul at the end of the fifth hour when burning their Chametz. Based on the Rosh, S”A 434:2 writes that one should do Bitul at night and again during the day at the end of the fifth hour. The Rama adds that one should make sure that the Bitul of the daytime is done after one burns the Chametz so that he can fulfill the Mitzvah of [[Biur Chametz]]. </ref>
# If one is selling his Chametz via his local rabbi, it is preferable to burn his remaining Chametz after the sale takes effect. <ref>* The Mishna (Pesachim 21a) records a dispute between Rabbi Yehuda, who holds that one must burn one’s Chametz in order to fulfill [[Biur Chametz]], and Rabanan, who say that one can fulfill [[Biur Chametz]] even by throwing it to the wind or into the ocean. The Rosh (2:3) quotes a dispute amongst the Rishonim regarding which opinion is normative. While the S”A 445:1 rules like Rabanan, the Rama says the Minhag is to burn it.
* Rabbi Mordechai Willig (Am Mordechai Moadim p. 152-3) defends the Minhag of those who burn the Chametz in the morning before going to work even though it is before the Rabbi sells the rest of their Chametz. He explains that even though they aren’t burning their last K’zayit, nonetheless, they fulfill Tashbitu when the Rabbi sells the Chametz on their behalf. He bases this argument on the Tur 436, who according to the Pri Chadash 436:3, holds that selling one’s Chametz to a non-Jew is a fulfillment of Tashbitu. He adds that even though there is a Mitzvah to burn the Chametz, Rosh and Beit Yosef maintain that if one gets rid of his Chametz before the fifth hour, even Rabbi Yehuda agrees that one need not burn it.
* Rabbi Hershel Schachter (B’ikvei HaTzon B’ikvei HaTzon p. 76) argues that some Rishonim hold that one does not fulfill Tashbitu by selling one’s Chametz (see Tosfot Rabbenu Peretz Pesachim 28b). Accordingly, if one burns his Chametz in the morning before the Rabbi sells the rest of one’s Chametz, one might not fulfill Tashbitu. Furthermore, the Bracha one made before [[Bedikat Chametz]] may turn out to be a Bracha Levatala. </ref>
#The bitul at night should be done immediately following the Bedika. <ref> Shulchan Aruch 434:2, Chazon Ovadia 5763 Part 1 page 52 </ref> One should not talk about things other than the bedika from when he says the beracha until after the bitul, but if he did he need not repeat the beracha. <ref> Chazon Ovadia 5763 Part 1 page 44 </ref>
# If someone scattered the ten pieces for the bedika in accordance with the custom <ref> Rama 432:2, Mishna Brurah 432:13 </ref> and really cannot find one of the pieces, he doesn't need to go crazy and he can just rely on the bitul that he does after the bedika. <ref> Chazon Ovadia 5763 part 1 page 38 </ref>
#According to Ashkenazim, the text of the bitul which is said after the [[Bedikat Chametz|Bedika]] is: "כל חמירא וחמיעא דאיכא ברשותי, דלא חזיתיה ודלא בערתיה, לבטיל ולהוי הפקר כעפרא דארעא" meaning, "All chametz or leaven in my possession that I have not seen, and have not destroyed, shall be nullified and become ownerless, like the dust of the earth." <ref> http://ph.yhb.org.il/en/04-05-01/. The Bach (434 s.v. Katuv BeHagahot) concludes that since many hold that Bitul is based on Hefker, one should mention it in one’s Kol Chamira. Mishna Brurah 434:7 writes that this doesn't include chametz we know about because we still have chametz that we can eat the next morning and chametz that we find we burn. Shulchan Aruch 434:2 says this text without including the "vilihave hefker" but Mishna Brurah 434:8 based on the Bach says to add that in because of the opinion of Tosafot 4b. Nitei Gavriel (vol 1, 34:7) has a very similar text including the word Hefker. The Ravyah Pesachim 431 page 63 has the word hefker, and the peri chadash 434:2 doesn't. </ref>
# The Sephardic text is: "כל חמירא דאיכא ברשותי, דלא חזיתיה ודלא בערתיה, לבטיל ולהוי כעפרא דארעא" meaning, "All Chametz in my possession that I have not seen, and have not destroyed, shall be nullified like the dust of the earth." <ref> Chazon Ovadia Part 1 page 52. </ref> However, it is preferable to insert הפקר meaning "become ownerless" as in the Ashkenazic text above, for at least one of three times one says the Bitul.<ref>Chazon Ovadyah (vol 1, pg 54-55)</ref>

==Bitul During the Day==
#In addition to the bitul at night, one should be recited during the day. <ref> Shulchan Aruch 434:2. The tur and beit yosef 434 explain that this is for the chametz acquired between the two bituls and the chametz left over to eat in the morning before the prohibited time, and this is the reason brought by Mishnah berura 434:11, shaar hatzfyun 434:20, and kaf hachayim 434:39. </ref>
# The [[nullification]] done after the burning in the morning includes all remaining chametz. Therefore, the text is: "כל חמירא וחמיעא דאיכא ברשותי, דחזיתיה ודלא חזיתיה, דבערתיה ודלא בערתיה, לבטיל ולהוי הפקר כעפרא דארעא" meaning, "All chametz or leaven in my possession that I have seen and that I have not seen, that I have destroyed and that I have not destroyed, shall be nullified and become ownerless, like the dust of the earth". <ref> http://ph.yhb.org.il/en/04-05-01/. Shulchan Aruch 434:4 </ref>
# The Sephardic text is: "כל חמירא דאיכא ברשותי, דחזיתיה ודלא חזיתיה, דבערתיה ודלא בערתיה, לבטיל ולהוי כעפרא דארעא" meaning, "All chametz in my possession that I have seen and that I have not seen, that I have destroyed and that I have not destroyed, shall be nullified like the dust of the earth". <ref>Chazon Ovadyah (vol 1, pg 59)</ref>
# The [[nullification]] during the day should be done before the sixth hour, so that the chametz that you nullify is still yours when you nullify it because otherwise the bitul doesn't work. <ref> Pesachim 7a, Rambam Chametz U'[[Matza]] 3:7, Tur and Shulchan Aruch 434:2, Chazon Ovadia part 1 page 60-61 </ref> but after the burning. <ref> Rama 434:2, Chazon Ovadia [[Pesach]] 5763 part 1 page 59. This is because according to tosafot pesachim 4b the bitul makes the chametz ownerless and then you wouldn't be burning your own chametz. Rav Yaakov Emden in Mor U-ketzia 434 says that one can say the bitul before burning the chametz even lechatchila. </ref>

==Sources==
<references/>
[[Category:Pesach]]
[[Category:Holidays]]

Bedikat Chametz

2014-04-20T14:02:05Z

98.109.181.242: /* Scattering 10 pieces of Chametz */

==Bedikat Chametz==
# Before one begins the Bedika one should say the following bracha: ברוך אתה ה' אלוקינו מלך העולם אשר קדשנו במצותיו וצונו על בעור חמץ Baruch Atta Hashem Elokeinu Melech HaOlam Asher Kideshanu BeMitzvotav VeTzivanu Al [[Biur Chametz]].<ref>Tur and S"A 432:1, Kitzur S"A 111:7. See Rosh (Pesachim 1:10) as to why the bracha is with "Al Biur" and not "Leva'er".</ref>The reason that the text is [[Biur Chametz]] and not Bedikat Chametz is because Biur is the beginning of the Biur and if one does Bedika without doing Biur on whatever he finds one hasn't accomplished anything. <ref>Bet Yosef 432:1</ref>
==When==
# One should perform bedikat chametz in the beginning of the night on the fourteenth of Nisan. <ref>Shulchan Arukh 431:1. Mishnah Berurah (431:1) writes that according to the Shulchan Arukh one should check after tzeit ha-kochavim. The Gr”a (431:1) cites the opinion of the Ra’avad who says that one should begin while there is still light outside. See Maaseh Rav (#178) who says that the Gra would begin Bedika slightly before [[Tzet HaKochavim]]. Nonetheless, Rabbi Eliyahu Spira in Eliyah Rabbah (431:5) explains that even the Gr”a agrees that one shouldn’t begin until tzeit ha-kochavim, however, at that time there still is a little bit of light outside.</ref>
# If one usually follows רבינו תם, some say that one should make sure to start the Bedika after [[Tzet HaKochavim]] of רבינו תם. <Ref>Halichot Shlomo (vol 1, 5:10). Haggadah of the Roshei Yeshivah (pg 13) records Rav Moshe's minhag to start the Bedika 50 minutes after sundown which according to many opinions is [[Tzet HaCochavim]] of Rabbenu Tam. </ref> and some say that one should begin before [[Tzet HaKochavim]] of רבינו תם at the time of accepted [[Tzet HaKochavim]] (while it’s still slightly light outside). <Ref>Moadim UZmanim (Vol 4 Siman 286 pg 46), Piskei Teshuvot 431:3 </ref>
# If one is praying with a [[minyan]] one should pray first and then perform Bedika. However, if one is praying at home, preferably one should appoint someone else to do Bedika while one prays, otherwise, pray first, unless one usually prays at home in which case some say one should check first and some say one should pray first. <Ref>Mishna Brurah 431:8 </ref>
# If one is going to come home after [[Tzet HaKochavim]] one should appoint someone as an agent (Shaliach) so that it can be done at the proper time. However, if the man is working at night and wants to fulfill the mitzvah himself, he may appoint his wife to do Bedika (with a Bracha) on the whole house except for one room and then do Bedika (with a Bracha) in that room when he returns. <Ref>Sh”t Teshuvot VeHanhagot 2:114. Listen to “Bedikas Chametz part 1” (min 3:30) by Rabbi Aryeh Lebowitz who asks on this. For possible resolution of this question see Mishna Brurah 431:8. </ref>

==What==
# Some say that one must remove all Chametz even crumbs. <Ref> Chazon Ish 116:18. See, however, Rosh Pesachim 1:9. </ref>However, most say that there's no obligation to check for crumbs of chametz, but the places where one will have kosher for [[pesach]] food must be cleaned of all crumbs of chametz so that not even a crumb gets into the food which will be eaten on [[Pesach]].<Ref> [http://ph.yhb.org.il/category/%D7%A4%D7%A1%D7%97/04-%D7%91%D7%93%D7%99%D7%A7%D7%AA-%D7%97%D7%9E%D7%A5/ Rabbi Eliezer Melamed in Peninei Halacha] says that the halacha is that one doesn't have to check for crumbs of chametz but in the areas where one will have kosher [[pesach]] food one must remove all crumbs of chametz. He brings the Shaar HaTziyun 442:60 as his proof.</ref>
# Chametz that’s buried in the cracks in the floor or between the back of a cabinet and the wall and people can’t reach one doesn’t have to do Bedika there. <Ref>Piskei Teshuvot 433:4 </ref>
==Who==
# One who is sick must appoint a שליח to do Bedika in his place. <ref>Halichot Shlomo (vol 1, 5:8) </ref>
# One who is an [[Onen]], one who is in the first day of [[mourning]], must appoint a שליח to do Bedika in his place. <ref> Halichot Shlomo (vol 1, 5:8) </ref>
==Leaving for Pesach==
# If a person leaves one’s house more than 30 days before [[Pesach]] and doesn’t plan to return for [[Pesach]] one doesn’t have to do Bedika but rather just do Bitul when the times comes wherever one is. <Ref>S”A 436:1 </ref>
# If a person leaves one’s house within 30 days of [[Pesach]] and doesn’t plan to return for [[Pesach]] one must do Bedika with a candle the night before one leaves and then do [[Bitul Chametz]] afterwards, however the Bedika is done without a Bracha. <Ref> S”A 436:1 </ref>
## Since one is not going to be home for [[Pesach]] it’s sufficient to do a proper Bedika according to the law by just looking for the Chametz (though not just a superficial look) and one doesn’t have to drive oneself crazy like one does every year. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref>
# However if possible it’s preferable to appoint a שליח to do Beidika for oneself at the proper time. <Ref> Mishna Brurah 436:1 </ref> Some say that it’s better to do it oneself before going rather than have a non-family member (such as a neighbor) do it for oneself. <Ref>Piskei Teshuvot 436:1 </ref>
# If one plans on returning before [[Pesach]] if there’s a fear one will return on Erev [[Pesach]] without time for Bedika one should do it before going, otherwise do it when one returns. <Ref>Mishna Brurah 436:9 </ref>

===Renting one's house to a non-Jew===
# If one is renting out one’s house and the Chametz in it to a non-Jew for [[Pesach]] one will have exempted oneself from Bedika but it’s not proper to do so, rather it’s correct to rent one’s house except for one room and do Bedika without a Bracha in that room before one leaves for [[Pesach]]. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref>
## The room which one leaves not rented in order to Bedika should be a room which one usually brings Chametz otherwise there’ll be no obligation of Bedika and one will have accomplished nothing by leaving that room not rented. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 10:30 and 11:30 </ref>

===Renters===
# If the owner/landlord has the keys at the time of the Bedika, then the owner is obligated in Bedika. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref>
# If the renter has the key to the house at the time of Bedika (14th at [[Tzet HaKochavim]]) and he has made a halachic [[acquisition]] (paying with cash), then he’s obligated to do Bedika. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref>
# However, if the renter has the key to the house but didn’t do a halachic [[acquisition]], many say that the owner is obligated and some say that the renter is obligated. <Ref> S”A 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> Certainly the owner or renter can be appointed a שליח by the other and fulfill the obligation of Bedika. <Ref>Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 99) </ref>
# A person who rents a house for [[Pesach]], the areas which one will put one’s food utensils and actual food should be checked perfectly well. The rest of the house should be checked well, however, the areas which are private areas and the renters are not supposed to open (explicitly mentioned or implicitly understood) the renters do not have to Bedika on those areas. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 16:45 and 19:15 explaining that we assume that the children didn’t put Chametz there and they are even renting those private areas </ref>

===Hotel Guests===
# If one arrives in the hotel before the 14th at night and plans on staying [[Pesach]], then one should perform Bedika in the room with a Bracha. <Ref>Chovat Hadar (end of Sefer Dinei Bedikat Chametz), Siddur [[Pesach]] KeHilchato 12:8, Chag HaMatzot (Halachot VeMinhagim 5:32), Otzar Halachot vol 2 pg 124, Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5, Piskei Teshuvot 437:1 </ref> Some maintain that one should check without a Bracha. <Ref>Sh”t Kinyan Torah 1:120, 5:33 </ref>
## If the room is cleaned well one should bring Chametz into the room before doing Bedika. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 2:30 and 5 </ref>
# If one arrives in the hotel on the day of the 14th, if the hotel did a Bedika on the 14th at night one doesn’t need to do Bedika, however, if the hotel didn’t do Bedika, one should do so with a Bracha. <Ref>Siddur [[Pesach]] KeHilchato 12:8, Piskei Teshuvot 437:1 </ref>
# If one is a guest in the hotel only for the 14th and plans on leaving before [[Pesach]] one should still do Bedika but without a Bracha. <Ref>Halichot Shlomo 5:19, Piskei Teshuvot 437:1 </ref>

===Yeshiva Student===
# If a Yeshiva student is leaving his dorm or apartment within 30 days of [[Pesach]], even if he isn’t returning on [[Pesach]], he has an obligation to do Bedikat Chametz the night before he leaves, without a Bracha <ref> The Gemara Pesachim 6a says that one who leaves his house within 30 days of [[Pesach]], should do Biur even if he doesn’t plan on being home during [[Pesach]]. Rambam (Chametz 2:16) explains that this includes doing Bedika. S”A 436:1 agrees. Mishna Brurah 436:6 writes that one should do Bedika with a candle the night before leaving. Rama 436:1 writes that there’s no Bracha for this Bedika since it’s not performed on the night of the 14th. Torat HaYeshiva 14:2 applies this halacha to a Yeshiva student in dorms. </ref>, but with a candle or flashlight <ref> Taz 436:2 writes that besides the Bedika, one should do Bitul on [[Erev Pesach]]; Magen Avraham 436:1 argues that one should also do Bitul after the Bedika as one does by Bedika on the 14th. Biur HaGra 436:4, Mishna Brurah 436:3, and Kaf HaChaim 436:8 agree. </ref>, and then do Bitul. <Ref> Halachos of [[Pesach]] (p. 86) quotes Rav Moshe saying that a flashlight is better than using a candle and Rav Aharon Kotler as saying it is equivalent to a candle. Halichot Shlomo 5:11 writes that if one can’t use a candle, one should use a flashlight. Chazon Ovadyah (p. 38) agrees. </ref>
# One shouldn’t eat, work, or learn prior to performing this Bedika, just like one who performs Bedika on the 14th. <ref> Pri Megadim E”H 436:1 writes that one who does Bedika the night before leaving his house, shouldn’t eat, work, or learn just like one who performs Bedika on the 14th. Kaf HaChaim 436:7 and Nitei Gavriel 28:4 agree. Kovetz MeBet Levi (Nissan 5761 pg 85) writes that this also applies to a Yeshiva Student doing Bedika in his dorm the night before he leaves. See [[#Eating or working before Bedika|above]] regarding the laws of not eating, working, or learning within a half hour of Tzeit HaCochavim. </ref>
# If a student in Yeshiva is in Yeshiva on [[Pesach]], he is obligated to perform Bedika in his dorm room and if it’s done on the 14th at night it should be done with a Bracha. <Ref>Halichot Shlomo (vol 1, 5:17), Dinim VeHanhagot 17:18 quoting the Chazon Ish, Siddur [[Pesach]] KeHilchato 12:9, Kovetz MeBet Levi (Nissan 5756), Chut HaSheni ([[Pesach]] pg 88), and Torat HaYeshiva write that a yeshiva student should perform Bedika in his dorm with a Bracha if it’s done on the 14th. </ref> However, some hold that the Bedika should be made without a Bracha. <Ref>Teshuvot VeHanhagot 1:287, Chovat Hadar (end of Sefer Dinei Bedikat Chametz), Mishpat HaSechirut 5:32 </ref>
# However, if the Yeshiva decides to sell all the rooms to a goy for [[Pesach]], then there’s no obligation to perform Bedika. <Ref>Torat HaYeshiva 14:4 </ref>
===Going to a relative for Pesach===
# If one is staying at a relative for [[Pesach]] and has a room where will one be staying one should participate in the Bedika by listen to the Bracha on the Bedika and then checking the room one will be staying in. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 6 and 7 </ref>
===Bungalow Colony===
# If one leaves one’s bungalow colony house within 30 days of [[Pesach]] one has to Bedika before one leaves, however if one leaves longer than 30 days before [[Pesach]] one doesn’t have to Bedika and it’s sufficient to do [[Bitul Chametz]] on the Chametz in that house unless one is going to come to the house on [[Pesach]] in which case one has to Bedika before [[Pesach]]. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 11 and 12 </ref>
===Office===
# One has to do Bedika in one’s office (if one brings food there), however, one doesn’t have to do it on the night before [[Pesach]], but rather one should do so at a time before one leaves the office before [[Pesach]]. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 8 and 11 </ref>

==Areas which were cleaned before Pesach==
# One has to clean the house before [[Pesach]] and still do Bedika (with a Bracha) the night before [[Pesach]]. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 12:45 and 15:45 </ref>
# If one cleaned a closet completely by removing every single vessel, checked using an electric light and there no small confined areas or hidden places in the closet then it’s considered checked and doesn’t require Bedika. However, if there are areas which require close examination (like getting down on one’s hands and knees) one should still do Bedika at the appropriate time. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 12:45 and 15:45 </ref>
===Cracks===
# Nowadays, one doesn’t have to check in the cracks in the floor because no one actually hides Chametz in the few and small cracks in the floor. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 16 and 16:30 </ref>
# If a piece of Chametz is too difficult to reach one doesn’t have to go crazy in order to remove that Chametz (and Bitul is sufficient). <Ref> Rav Schachter on [http://www.ou.org/community_services/media/oukosher_pre-pesach_webcast_5770 OU Kosher Pre-Pesach Webcast 5770] between minutes 5:00 and 5:30 </ref>

==Where?==
# One only has to check in area where one would have brought Chametz. <Ref>S”A 431:1, Mishna Brurah 431:4 </ref>
# If one has small children one must do Bedika in all rooms in the house because one doesn’t know where Chametz was brought. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 6 and 7 </ref>
# One should do Bedika on the area where one plans to eat after the Bedika for that night and the next morning and then one should check that area again in the morning. <Ref>Halichot Shlomo (vol 1, 5:2) </ref>
# In an apartment building one person should check the stairwell, closets, etc. for everyone after having made a Bracha for Bedika in his own house (without making interruptions that aren’t relevant to the Bedika). <Ref>Piskei Teshuvot 433:3 </ref>
# The minhag is not to do Bedika in the areas where one stores Chametz and is going to sell to a goy for [[Pesach]]. <Ref>Mishna Brurah 436:32 quotes those who obligate a Bedika and those who exempt and so it’s preferable to sell it on the 13th. However, Halichot Shlomo (vol 1, 5:3) writes that the accepted minhag is not to do Bedika in those areas and only have it sold afterwards. </ref>
# If one's porch is roofed and fenced in, it is considered like any other room that needs to be checked with a bracha. <ref>Nitei Gavriel ([[Pesach]] v. 1, p. 112)</ref>
===Books===
# Many authorities maintain that there is no obligation to check sefarim for Chametz crumbs. <Ref> Halichot Shlomo 5:6 writes that even though there’s a dispute whether the possible existence of crumbs necessitates Bedika, since the crumbs in sefarim would be disgusting sefarim don’t require Bedika. Chazon Ovadyah (p. 35), Or Letzion 1:32, Rav Mordechai Willig in Am Mordechai (p. 154), and Halachos of [[Pesach]] (p. 72) quoting Rav Moshe Feinstein agree. Maaseh Rav #178, however, writes that one should do Bedika on sefarim that he used during a meal. Chazon Ish 116:18 and Mishna Halachot 7:64 agree. Orchot Rabbenu (vol 2 pg 6) records the Steipler and Chazon Ish’s practice to check sefarim in advance of the night of 14th. </ref>If one is going to check one may do so in advance and doesn’t have to wait until the night of the 14th. <ref>Orchot Rabbenu (vol 2 pg 6) regarding the practice of the Steipler and Chazon Ish. </ref>
# Benchers and Zemiros booklets of the rest of the year should not be used on [[Pesach]] but rather sold to a non-Jew with [[Mechirat Chametz]]. <Ref>Halachos of [[Pesach]] (Rabbi Eider; pg 72) </ref>

===Pockets===
# One should check the pockets of clothing in which one sometimes puts Chametz. <Ref>Mishna Brurah 433:47 </ref> Many permit checking the pockets before the night of the 14th. <Ref>Piskei Teshuvot 433:7, Kaf HaChaim 433:89, Halachos of [[Pesach]] (pg 71) in name of Rav Moshe Feinstein </ref>
# If one never put Chametz in the pocket, some say that one doesn’t have to check but others hold that one must check because Chametz may have been placed there inadvertently. <Ref>Mishna Brurah 433:47 obligates checking even if one never put Chametz in there, however, S”A HaRav 433:43 and Kaf HaChaim 433:87 hold that one doesn’t need to check but it’s praiseworthy. </ref>

===Renting or selling the house to a non-Jew===
# If one is not going to be home on [[Pesach]] and sell the house to a goy, it’s improper not to do Bedika. <Ref> Halichot Shlomo (vol 1, pg 101 note 14) </ref>
===One's office===
# Some say that one should do Bedika in the place where one works at night using a candle. <Ref> Halichot Shlomo (vol 1, 5:4) </ref> while others say that that it doesn’t have to be done on the night of the 14th rather one should do it the last day one is there before the 14th of Nissan. Additionally, it doesn’t have to be done with a candle nor does one have to put out pieces of Chametz. No bracha is made on this bedika. <Ref> Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 2 and 4 </ref>

===One's car===
# It’s proper to check one’s car(s) for Chametz on the night of the 14th using a flashlight, otherwise, one should check it during the day. No Bracha is required for performing Bedika in a car. <Ref> Halichot Shlomo (vol 1, 5:5) writes that one should check the cars on the night of the 14th and if not then it should be cjecked on the day. Halichot Shlomo and Halachos of [[Pesach]] (pg 71) in name of Rav Moshe Feinstein hold that no Bracha is made on this Bedika. </ref>
===The Shul===
# A gabbai or other appointed individual should perform Bedika in the Shul or Bet Midrash. Some say that one should make a Bracha on this Bedika <ref>Mishna Brurah 433:10, S”A HaRav 433, Sh”t Teshuvot Vehanhagot 1:287 </ref>, and some say that one shouldn’t make a Bracha <ref> Sh”t Maharsham 5:49, Aruch HaShulchan 433:12 </ref> and it’s preferable to have the one doing the Bedika to make a Bracha for Bedika of his home and then do Bedika in the Shul (without making an interruption not relevant to the Bedika). <Ref>Piskei Teshuvot 433:6 </ref>
## One doesn’t have to do [[Bitul Chametz]] after Bedika of the Shul or Bet Midrash <Ref>Mishna Brurah 433:43, Aruch HaShulchan 433:12 </ref> unless it belongs to an individual in which case one should do [[Bitul Chametz]]. <ref>Halachos of [[Pesach]] (Rabbi Eider; pg 73) </ref>

==Eating or working before Bedika==
# A person shouldn’t start a job or start eating (a KeBeitzah of bread) from a half hour before [[Tzet HaKochavim]], until one has done Bedika. <Ref>S”A 431:2, Mishna Brurah 432:5-6 </ref> However, one may continue to eat fruit a half hour before [[Tzet HaKochavim]], but not after [[Tzet HaKochavim]]. <Ref>Mishna Brurah 432:6 </ref>
# A person shouldn’t start learning from [[Tzet HaKochavim]] until one has done Bedika. Some add that one may not learn from a half hour before [[Tzet HaKochavim]] and some permit until [[Tzet HaKochavim]]. <Ref>Mishna Brurah 431:7 </ref>
# If one began to learn, work, or eat during the day and continued into the night, according to Sephardim one doesn’t have to stop to do Bedika, and according to Ashkenazim one must stop at [[Tzet HaKochavim]] in order to perform Bedika. <Ref>S”A and Rama 431:2, Mishna Brurah 431:12 </ref>
==Candle==
# One should check using a single wax candle and not a torch (or even two candles together). <Ref>S”A and Rama 433:2, Mishna Brurah 431:3 </ref>
# If one is unable to use a candle, one should use a flashlight. <Ref> Halichot Shlomo (vol 1, 5:11), Piskei Teshuvot 431:2 </ref> Some say that one can fulfill the obligation with a flashlight but the minhag is to use a candle or to begin with a candle. <Ref> Halachos of [[Pesach]] (pg 86) quoting Rav Aharon Kotler and Rav Moshe Feinstein that the flashlight sufficies. </ref>
# One doesn’t have to turn off the electric lights while performing the Bedika. <Ref>Halachos of [[Pesach]] (pg 86) quoting Rav Moshe Feinstein, Piskei Teshuvot 431:2 saying that such is the minhag, Nitei Gavriel ([[Pesach]] v. 1, p. 112) </ref>
# See also [[Hebrew sources for using a flashlight for Bedikat Chametz]]

==If one didn’t do Bedika==
# If one didn’t do Bedika at night one should do so during the day before the sixth hour (halachic hours) and if one forgot to do it before the sixth hour one should still do it on Erev [[Pesach]] with a Bracha. <ref>S”A 435:1, Mishna Brurah 435:5 </ref> One can only do [[Bitul Chametz]] after the Bedika until the sixth hour of Erev [[Pesach]]. <Ref> Mishna Brurah 435:1 </ref>
# If one didn’t do it before [[Pesach]], do it on [[Pesach]] unless one did [[Bitul Chametz]] before [[Pesach]] in which case one shouldn’t do Bedika on [[Pesach]] with a Bracha. <ref>S”A 435:1, Mishna Brurah 435:3,5 </ref>
# If one didn’t do Bedika during [[Pesach]], do it after [[Pesach]] without a Bracha. <ref>S”A 435:1 </ref>
# Any Bedika not at the appropriate time should be done with a candle. <Ref>Mishna Brurah 435:4 </ref>
==If one finds Chametz==
# If one finds Chametz on [[Yom Tov]] one shouldn’t burn it but rather cover it and then burn it after [[Yom Tov]]. <ref>S”A 446:1 </ref> some say that nowadays one should have a non-Jew flush it down the toilet. <Ref>Piskei Teshuvot 446:2 </ref>
# If one finds Chametz on [[Chol HaMoed]] one should burn it but not make a Bracha if one either did [[Bitul Chametz]] or selling of Chametz to a non-Jew before [[Pesach]]. <Ref>Piskei Teshuvot 446:1 </ref>
# Some say that if one sold one’s Chametz before [[Pesach]] and then one finds Chametz on [[Pesach]], one should store it away with the other Chametz that’s sold to the non-Jew and not burn it. <ref>Piskei Teshuvot 446:1 quoting Mikrei Kodesh 1:74 </ref>
==Minhag in performing Bedika==
# Nowadays when people clean the house of Chametz in advance, it’s enough to check to see if that area was cleaned from Chametz and if it wasn’t to remove the Chametz. <Ref>Halichot Shlomo (vol 1, 5:1), Piskei Teshuvot 433:8, Or Yisrael (vol 35, pg 100-102, article by Rav Shlomo Wolfson) </ref>
==Scattering 10 pieces of Chametz==
# The minhag is to scatter 10 pieces of Chametz to be found during the Bedika. <Ref>Rama 432:2, Mishna Brurah 432:13. Rama (432:2) quotes one opinion who says that the minhag to leave pieces of bread around the house is to ensure that one finds chametz to prevent a berakhah of biur chametz being said in vain. However, the Rama concludes, that it is not necessary since one’s intent in the berakhah is to destroy the chametz that one finds. Taz (432:4) discourages this minhag because one may misplace one of the placed pieces. On the other hand, Rabbi Yaakov Reischer in Chok Yaakov (432:13) defends the minhag and argues that putting out pieces encourages one to do a thorough check and not abandon the job if chametz is not found immediately. </ref> Nowadays when people clean the house of Chametz in advance, some say that one must scatter these pieces, while others maintain that it’s still not an obligation but only a minhag. <Ref> Shaar HaTziyun 432:12 quotes the Emek Halacha who maintains that nowadays when people clean the house in advance one must put out these 10 pieces of Chametz so that the Bracha on Bedika isn’t a Bracha Levatala. However, Halichot Shlomo 5:12 argues that one can still make the Bracha without putting out these pieces because the Bedika includes checking that the areas have been cleaned properly, nonetheless it’s still the minhag to do so.</ref>
# These pieces should be hard Chametz that doesn’t cause crumbs and it should be placed in an area that’s protected from children or mice. <Ref> Mishna Brurah 432:12 </ref> Additionally, it may be advisable to wrap it so that it doesn’t make crumbs. <Ref>Halachos of [[Pesach]] (pg 80) </ref>
# One should be careful not to loss any of the pieces. <Ref>Mishna Brurah 432:13 </ref>

==Bracha ==
# Before the Bedika one should make the Bracha of Asher Kidishanu BeMitzvotav VeTzivanu Al [[Biur Chametz]]. <Ref>S”A 432:1. Mishna Brurah 432:3 and Chazon Ovadia Part 1 page 44 explain that we don't recite al bedikat chametz because the search is only for the purpose of the destruction. </ref> If one accidentally made the Bracha of Al [[Bitul Chametz]] after the fact one has fulfilled the obligation. <ref>Mishna Brurah 432:3 </ref> One has also fulfilled his obligation if he recites "livaer chametz." <ref> Chazon Ovadia [[Pesach]] 5763 Part 1 page 44 </ref>
# One may not speak between the Bracha and beginning the Bedika, and if one did make an interruption not related to the Bedika one must make another Bracha. <Ref>S”A 432:1, Mishna Brurah 432:5 </ref>
# After one began it’s preferable not to speak until one completes the Bedika, however it’s permissible to speak even in matters not related to Bedika. <Ref>S”A 432:1, Mishna Brurah 432:6 </ref>
# If one didn’t make the Bracha before beginning Bedika one can make it as long as one hasn’t finished Bedika. Nonetheless, if one has finished the Bedika, one should make it without [[Shem UMalchut]] in the morning before burning the Chametz and some say that one may make it then with [[Shem UMalchut]]. <Ref>Mishna Brurah 432:4 </ref>
# One may make the Bracha on the Bedika with many people listening and then split up for each person to check an area in the house. <Ref>S”A 432:2 </ref>If someone didn’t hear the Bracha and it’s difficult to finish the Bedika without that person’s help, he may help without making a Bracha. <Ref>Mishna Brurah 432:11 </ref>
# If one is checking two houses one may should make only one Bracha and do Bedika on both. <Ref>S”A 432:2 writes that with one Bracha one can perform Bedika in many houses. Mishna Brurah 432:7 quotes a dispute whether one should make another Bracha once one moved from one courtyard to another courtyard. Halichot Shlomo 5:13 rules that one should make one Bracha for Bedika in two houses even if they are in different courtyards. </ref>
# There’s no [[Shehecheyanu]] on the Bedika. <Ref>Bear Hetiev says it’s includes in [[Shehecheyanu]] of [[Yom Tov]], Pri Megadim M”Z 431:2 says it’s not a mitzvah of Simcha, מאירי says there’s no [[Shehecheyanu]] on Bedika which is just done to prevent you from a prohibition. </ref>
# Some say that one should wash one’s hands before performing Bedika. <Ref>Mishna Brurah 432:2 </ref>

==How much is enough?==
# A person doesn’t have to make themselves crazy, one just to be reasonable not to overwork oneself so that one can enjoy [[the Seder]]. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 19:30 and 21 </ref> It’s a judgment call and one should do a peripheral check (not too peripheral). <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 24 and 25. See Haggadah of the Roshei Yeshiva (pg 13) which records the minhag of Rav Moshe to perform a bedika in his small apartment for longer than an hour. This bedika doesn't need to be done as if no cleaning was done, but is required anyway. This is the opinion of Sha’arei Teshuvah 433:2, Daat Torah 433:2, Chochmat Shelomo 433:11, Rav Shlomo Zalman Auerbach quoted in Mevakshei Torah Ohr Efrayim page 532), Kinyan Torah 2:122.</ref>

==If one found Chametz after the Bedika==
# If one found Chametz after the Bedika one doesn’t have to recheck the house. <Ref>Mishna Brurah 438:4, Halichot Shlomo 5:22 </ref>
==If one did Bedika before the night of the 14th==
# If one did Bedika during the day of the 13th to the light of a candle one should do Bedika the night of the 14th without a Bracha. <Ref>Mishna Brurah 433:1 </ref>
# If one did Bedika during the night of the 13th to the light of a candle, one doesn’t have to do Bedika on the 14th at night if one was careful not to bring Chametz there and if one wants to do Bedika it should be done without a Bracha. <Ref>Mishna Brurah 433:1 </ref>
==Sources==
<references/>
[[Category:Pesach]]
[[Category:Holidays]]