Chol HaMoed and Biur Chametz: Difference between pages

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[[Image:Nissan.png|thumb|right|Calendar from Kaluach of the month of Nissan with the first day of Chol HaMoed [[Pesach]] highlighted]]
Biur Chametz refers to the Torah's commandment that all Jews get rid of their chametz prior to the onset of Pesach.  
Chol HaMoed are the intermediate days of the [[holidays]] [[Sukkot]] and [[Pesach]]. In the diaspora, on [[Pesach]], Chol HaMoed spans from the third day of [[Pesach]] until and including the sixth day, and on [[Sukkot]] from the third day of [[Sukkot]] until [[Shemini Aseret]]. In Israel, on [[Pesach]], Chol HaMoed starts on the second day of [[Pesach]] and lasts until and including the sixth day, and on [[Sukkot]] from  the second day of [[Sukkot]] until [[Shemini Aseret]].
[[Image:Biur chametz.jpg|250px|right|Orthodox Man Reciting a Prayer While Performing Biur Chametz]]
==Kavod and Oneg==
# There’s a requirement of Kavod and Oneg on Chol HaMoed. This includes having special food, drinks, and clothing, but it is more lenient than Kavod of [[Yom Tov]]. <ref> Sh”t Rabbi Akiva Eiger 1 (in the Hashmatot) and S”A HaRav 529:5 write that there’s no Kavod and Oneg on Chol HaMoed. On the other hand, Magan Avraham 530:1, Mishna Brurah 530:1, Sefer Chol HaMoed (pg 1; by Rabbi Dovid Zucker) write that there’s Kavod and Oneg on Chol HaMoed, however, Shaar Tzion 530:4 points out that it’s not as strict as Kavod of Yom Tov. Yalkut Yosef (Moadim pg 502) agrees. </ref>
# As part of Kavod, one should wear clothes that a little better than weekday clothes. Some have the minhag to wear [[Shabbat]] clothing on Chol HaMoed. <Ref>Mishna Brurah 530:1, Yalkut Yosef (Moadim pg 502), and Aruch HaShulchan 530:4 write that there’s an obligation to wear clothes a little better than weekday clothes. Nimukei Orach Chaim 530:3 and Chaye Adam 106:1 hold it’s an obligation to wear [[Shabbat]] clothes, but one doesn’t need to wear Yom Tov clothes which are a little better than [[Shabbat]] clothes. Mishna Brurah 530:1 writes that the Maharil's practice was to wear [[Shabbat]] clothes on Chol HaMoed. </ref>
# As part of Kavod, some have the practice to leave the table cloth on the table all of Chol HaMoed. <Ref> Pri Megadim 639 (M”Z 639:1) and Aruch HaShulchan 530:4 </ref>
# As part of Kavod, one is not obligated to have a bread meal, however, it is preferable to do so. <Ref>S”A 188:7 writes that since there’s no obligation to have a meal on Chol HaMoed is one forgets Yaaleh VeYavo one doesn’t repeat Brikat HaMazon. Magan Avraham 530:1,  Mishna Brurah 530:1, and Yalkut Yosef (Moedim pg 502) write that it’s preferable to have bread since Kavod is with food and the most important food is bread. </ref>
==Simcha==
# There’s a requirement of Simcha on Chol Hamoed just like there is on Yom Tov. <ref>Rambam Hilchot Yom Tov 6:17. This is quoted as halacha by  S”A HaRav 529:6-7 and Yalkut Yosef (Moadim pg 502). </ref>
# One should fulfill simcha of Chol HaMoed with what makes each person happy. Some say that this can be fulfilled with any activity that brings a person enjoyment. However, some have the practice to fulfill simcha as Chazal instituted concerning Yom Tov: men to drink wine, women by wearing new clothing, and children by getting toys or candies. <Ref>
* Regarding simcha of Yom Tov, the Gemara Pesachim 109a says that since there's nowadays there's no Korbanot Shlamim, one fulfills simcha with wine. The Gemara continues that women fulfill their simcha with new clothes and children with toys and candies. This is codified as halacha by the Rambam (Yom Tov 6:17) and S”A 529:2. Rambam (Mitzvah 54) and Sefer HaChinuch (Mitzvah 488) hold that Simcha is a Mitzvah Deoritta nowadays, however, Tosfot (Moed Katan 14b D”H Aseh) holds that Simcha is only Derabbanan nowadays.
* According to the Magan Avraham 530:1, Nimukei Orach Chaim 530:2, Moadim UZmanim 1:29 there’s no obligation to have wine on Chol HaMoed (this may be based on Sukkah 47b). However, Hilchot Chol HaMoed Zichron Shlomo (by Rabbi Dovid Zucker Siman 1) writes that from Rambam 6:17 it seems that all the days of the holiday are equal in fulfilling the mitzvah of Simcha. Similarly, Sh”t Rabbi Akiva Eiger 1 (in the Hashmatot), Hilchot Chol HaMoed Zichron Shlomo (Buir 1) in name of Rav Yacov Kamenetsky, Rav Moshe Feinstein and the Debersiner Rav hold that there’s a reason to have wine to fulfill simcha. </ref>
# According to those who fulfill simcha on Chol HaMoed like simcha on Yom Tov, men should fulfill simcha with wine and not grape juice. <Ref> Hilchot Chol HaMoed Zichron Shlomo (Buir 1:2) quotes Rabbi Moshe Feinstien and the Debersiner Rav who say that grape juice doesn’t fulfill the mitzvah of simcha. Nemukei Orach Chaim 529:2 writes that one should have a reviyat of wine, while Hilchot Chol HaMoed Zichron Shlomo (pg 3; based on Sh”t Rosh 25:1) writes that a Meloh Lugmav is sufficient. </ref>
==Special parts of Davening==
===Shemonah Esrei===
# On Chol HaMoed, one should insert [[Yaaleh VeYavo]] in [[Shemoneh Esrei]] during the Bracha of Avoda (Retzeh). If one forgot to say Yaaleh VeYavo and remembered before concluding [[Shemoneh Esrei]] (with Yeyihu LeRatzon) one should return to Retzeh and continue from there. However, if one only remembered after finishing [[Shemoneh Esrei]], one must repeat [[Shemoneh Esrei]]. <ref>S"A 124:10, Kitzur S"A 19:11, Tefillah KeHilchato 23:106 </ref>
===Birkat HaMazon===
# On Chol HaMoed, one should insert [[Yaaleh VeYavo]] in the middle of the third Bracha of [[Birkat HaMazon]]. <Ref>S”A 188:4,5 </ref>
# If one forgot Yaaleh VeYavo and one realized:
## before saying Hashem’s name at the end of the third Bracha, one should return to Yaaleh VeYavo and then continue from there. <ref>Halachos of Brachos (pg 510) </ref>
## after saying Hashem’s name but before saying Boneh Yerushalayim, one should immediately say למדני חוקיך which is the conclusion of a פסוק in Tehillim and then return to Yaaleh Veyavo and continue from there. <ref>Halachos of Brachos (pg 510) </ref>
## after finishing the third Bracha before starting the fourth Bracha one should insert a special Bracha ברוך אתה ה' אלקינו מלך העולם שנתן מועדים לעמו ישראל לששון ולשמחה את יום חג  (פלוני) הזה <ref>Halachos of Brachos (pg 513) writes that the special Bracha to insert on Chol HaMoed is ברוך אתה ה' אלקינו מלך העולם שנתן מועדים לעמו ישראל לששון ולשמחה את יום חג. (פלוני) הזה. This is based on Mishna Brurah 188:27 who writes that the special Bracha of Chol HaMoed doesn’t have a conclusion like the Bracha of Rosh Chodesh. </ref>
## within the first six words of the fourth Bracha (ברוך אתה ה' אלקינו מלך העולם), one should continue with the special Bracha (שנתן...) mentioned in the last option. <ref>Halachos of Brachos (pg 515) </ref>
## after one said the seventh word in the fourth Bracha, one should continue and not repeat Birkat Hamazon. <Ref> S”A 188:7 writes that one doesn’t need to repeat [[Birkat HaMazon]] if one forgot Yaaleh VeYavo on Chol HaMoed because there’s no obligation to have a bread meal on Chol HaMoed. </ref>
===Torah Reading===
# On Shabbat Chol HaMoed, both on Sukkot and Pesach, the Torah reading is from Reah Atta (usually Shelishi) until the end of Parshat Ki Tisa. <Ref>Rav Huna in Gemara Megillah 31a says that on Shabbat Chol HaMoed we read the portion beginning with Reah Atta. Rashi explains that we read this portion because it includes the mitzvot of shabbat, the regalim, and a reference to Chol HaMoed (derived by chazal in gemara Chagiga 18a).</ref>The Haftorah for Shabbat Chol HaMoed Sukkot is Bayom Bah Gog (beginning from Yechezkel 38:18) and the Haftorah for Shabbat Chol HaMoed [[Pesach]] is Atzamot Yeveshot (beginning from Yechezkel 37:4).<reF>Gemara Megillah 31a</ref>
==Forbidden work==
# There’s a dispute whether work on Chol HaMoed is a Biblical prohibition or a Rabbinic one. According to Sephardim, the halacha is that work on Chol HaMoed is a Rabbinic prohibition. <Ref> In general, Rambam and Rosh hold the melacha is Derabbanan, while Rashi and the Rif hold it’s Deoritta (see Bet Yosef 530). In conclusion, Buir Halacha 530 D”H Umater brings many ריאשונים who hold melacha on Chol HaMoed is Deoritta and concludes that even though Shulchan Aruch holds that melacha is Derabbanan, one shouldn’t be lenient unless there’s a great need. However, Yalkut Yosef (Moadim pg 504) writes that one may be lenient like Shulchan Aruch and if there’s a safek (dispute in halacha) one can be lenient as it’s only derabbanan. </ref>
===Tircha without Melacha===
# A strenuous activity (one that involves exertion) is forbidden even if it doesn’t involve any Melacha. <Ref> S”A 535:1 writes that one may not move homes on Chol HaMoed. Mishna Brurah 535:1 explains that it’s forbidden because of the tircha (exertion) involved. </ref>
# For example, it’s forbidden to move heavy furniture (unless there’s a need see below). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 7) brings this as an example of forbidden exertion on Chol HaMoed. </ref>
===Degradation of the holiday===
# Certain activities must be limited to avoid degradation of the holiday. For this reason, even when commercial activity is permitted it should be done in private. <Ref> Buir Halacha 539 D”H Eino Mutar, quoted by Hilchot Chol HaMoed Zichron Shlomo (pg 8) </ref>
# For example, it’s forbidden to paint one’s apartment on Chol HaMoed to improve its appearance. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 8) in name of Rav Moshe Feinstein. </ref>
===When Melacha is permitted for no reason===
# The forbidden melachot includes all 39 melachot and derabbanan’s of [[Shabbat]] and Yom Tov except for: carrying, going beyond techum (2000 amot), muktzah, VeDaber Dvar (preparing or talking about business issues), Havarah (lighting a fire), Tevilat Kelim, removing Trumah, <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 8-9) writes that there’s four exceptions to the forbidden melachot of Chol HaMoed including: carrying, techum, muktzah, and VeDvar Dvar. Shemirat Shabbat KeHilchata 68:26 writes that besides these four there’s also no melacha of Havarah (lighting a fire), Gezerah about Tevilat Kelim and removing Trumah. </ref>
# Shevitat Behemto (having one’s animal work or renting it out), and Mechamer (leading one’s animal) according to some apply on Chol HaMoed and some say that it doesn’t apply and there’s what to rely on to be lenient. <Ref> Yalkut Yosef (Kitzur S”A 530:5) writes that Shevitat Behemto and Mechamer don’t apply on Chol HaMoed. However, Biur Halacha (536 D”H UMutar Lirkov) writes that there’s a Safek Safeka to be lenient and one shouldn’t protest those who are lenient in this case. Chol HaMoed KeHilchato 2:14 writes that the only reason to be lenient is the Safek Safeka and those who hold melacha is Deoritta would hold it’s forbidden. Shemirat Shabbat KeHilchata 68:26 writes that there’s room to be lenient unless the animal is doing a Deoritta prohibition. </ref>
# It’s permitted to go biking since that’s not considered a melacha. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref>
===Is work done in violation forbidden from benefit?===
# If one did violate Chol HaMoed unintentionally, one may be lenient and benefit from the work that day. However, if one violated the Chol HaMoed intentionally, that individual shouldn’t benefit from it forever, and others may benefit for it after the holiday. <ref> S”A 318:1 rules that if one violates [[Shabbat]] unintentionally, the work is prohibited from benefit until after [[Shabbat]] and for intention violations, the work is prohibited for the perpetrator forever and everyone else is permitted after [[Shabbat]]. Magan Avraham 538:2 says that this same prohibitions would apply to someone who violates Chol HaMoed according to those that melacha on Chol HaMoed is Deoritta. However, if melacha on CHol haMoed is Derabbanan, there’s shouldn’t be any prohibitions just like Derabbanan melachot on [[Shabbat]]. (Biur Halacha 318 D”H HaMivashel who writes in name of the Gra and Chaye Adam that a Derabbanan Melacha is permitted on [[Shabbat]] itself.) Hilchot Chol HaMoed Zichron Shlomo (pg 15) writes that for this safek one can be lenient based on the fact that the entire prohibition is a rabbinic penalty. However, writes the Hilchot Chol Moed, for an intentional violation, there’s more reason to be strict based on Mishna Brurah 538:16. </ref>


==The five reasons which permit melacha==
==How to do Biur Chametz==
# Melacha on Chol HaMoed is forbidden just like Yom Tov, however, there are five major leniencies to permit Melacha on Chol HaMoed which are: 1) Tzorech HaMoed(work done for work a need for the holiday), 2) Tzorech Ochel Nefesh (work to prepare food), 3) Tzarchi Rabim (work needed for communal purpose), 4) Dvar HaAved (work done to avoid a loss), 5) Poel Shein Lo Mah Yochal (work done by a laborer who doesn’t have food to eat). <Ref> Tur 530 writes that all of the melachas of [[Shabbat]] and [[Yom Tov]] apply to Chol HaMoed with five reasons to permit Melacha. This is codified by Biur HaGra 530:1 and Mishna Brurah 530:1. </ref>
===Burning or Other Means===
===Chart of the five reasons===
#The minhag is to burn chametz until it becomes coals or ashes during the day; however, one fulfills the mitzvah by destroying the chametz in any fashion.<ref>Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15  תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.
<table width="700" border="1" cellpadding="1" cellspacing="1" bordercolor="#000000" bgcolor="#FFFFFF"><tr> <td><span class="style5">   </span></td> <td><span class="style5"> Need of the holiday (Tzorech hamoed ) </span></td> <td><span class="style5"> Making Food (Ochel Nefesh) </span></td> <td><span class="style5"> Communal need (Tzarechei Rabbim) </span></td> <td><span class="style5"> Financial loss (Dvar HaAved) </span></td> <td><span class="style5"> A very poor worker (Poel Shein Lo Mah Yochal) </span></td>
*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref>
</tr><tr><td> Professional labor (Maaseh  uman) </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 11) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 36) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 51) </ref> </td> <td> Permitted </td> </tr><tr>
#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref> Some say that one should burn the chametz in one's own property.<ref>Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain. </ref> However, it is more common for people to use a communal bonfire or fire-pit.
</tr><tr><td> Excessive exertion (Tircha Yeterah) </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 17) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 36) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 52) </ref> </td> <td> - </td> </tr><tr>
#It is preferable to burn the chametz without dousing it in gasoline or lighter fluid; the Halacha dictates that ideally chametz should be made inedible with direct fire as opposed to by using any other means.<ref>Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur [[Pesach]] Kihilchato page 173. </ref> If the chametz will not burn quickly enough without the gasoline then one should utilize it in order to speed up the burning.<ref>http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html </ref>
</tr><tr><td> Planning work for the holiday (Mitchaven LeMoed) </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 61) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 36) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 61) </ref> </td> <td> - </td> </tr><tr>
#One should burn the chametz until it turns to charcoal.<ref>Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3. </ref>
</tr><tr><td> Paying for the work (Socher BeDamim) </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 16) </ref> </td> <td> Permitted but preferable to get a goy <ref> Chol HaMoed Zichron Shlomo (pg 36) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 51) </ref> </td> <td> Permitted </td> </tr><tr>
#One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref> [It would probably be good to include a sentence about what left-handed people should do, and if there is a distinction between left-handed people and right-handed people]
</tr><tr><td> Work in Public (BeFarhesia) </td> <td> - for uman <ref> Chol HaMoed Zichron Shlomo (pg 23) </ref> </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 37) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 52) </ref> </td> <td> Forbidden </td> </tr><tr>
</tr><tr><td> Working for after the holiday (LeAcher HaMoed) </td> <td> Forbidden  <ref> Chol HaMoed Zichron Shlomo (pg 18) </ref> </td> <td> Forbidden <ref> Chol HaMoed Zichron Shlomo (pg 37) </ref> </td> <td> Permitted <ref> Chol HaMoed Zichron Shlomo (pg 47) </ref> </td> <td> - </td> <td> - </td> </tr><tr> </table>


==Tzorech HaMoed==
===Another Jew===
# Work is permitted for Tzorech HaMoed meaning that unskilled work is permitted if done for a need for the holiday. However, skilled work is forbidden even for a need of the holiday. <ref> S"A 540:1, Mishna Brurah 540:1, Biur HaGra 530:1 </ref>
#It is preferable for one to burn his own chametz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</ref> [It could be good to include an explanation here of the general principle of "Mitzvah Bo Yoser Bibeshlucho" and the relevance to Biur Chametz]
# Tzorech HaMoed is only permitted if the work entails no tircha (exertion) <ref> Shemirat Shabbat KeHilchata 66:38 based on Mishna Brurah 540:7. Aruch HaShulchan 540:4 forbids great exertion. Pri Megadim M”Z 540:3 permits even great exertion. (Shemirat Shabbat KeHilchata 66:38 adds that the pri megadim means that it’s permitted if it’s a מעשה hedyot or shinui.) See Nishmat Adam 110:1. Netivei Moed 7:2 says tzorech hamoed must be hedyot and one should still minimize the exertion. </ref>
===Cutting It Up===
# It’s permitted to do an action even if it will involve violating a melacha indirectly if there’s a holiday need. For example, it’s permitted to cut branches in order to make Sachach for the Sukkah as long as one makes sure to only cut from one side of the tree. Another example, it’s permitted to wash one’s hands over grass. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 18-9), Pitchei Teshuvot 530:1 </ref>
#One should cut the chametz into thin slices in order for it to burn more effectively.<ref>Chazon Ovadia [[Pesach]] page 40. </ref>
===What’s called a holiday “need”?===
===Kezayit===
# Anything where there’s a likely possibility that the work is needed is considered Tzorech HaMoed. <Ref> Pri Megadim A”A (intro to 537) writes that even if there is only a doubt if there will be a Dvar Aved one may do work on Chol HaMoed. Hilchot Chol HaMoed Zichron Shlomo (pg 17) writes that it is sufficient if there is a reasonable possibility of a Dvar Aved. However, the Mishna Brurah 537:1 writes that it must seem as being "close to" a Tzorech HaMoed. Shemirat Shabbat KeHilchata 66:34 agrees. </ref>
#If one is selling chametz that he owns to a non-Jew prior to Pesach, he should leave over at least a [[Kezayit]] of chametz to burn during Biur Chametz in order to properly fulfill this Mitzvah
# One may not delay doing a certain work from before Chol HaMoed and do it on Chol HaMoed. <Ref>S”A 536:1 </ref>
# Fixing a broken object is called a holiday need if the object will be needed, however, if there’s a replacement that can be used instead or one could easily borrow a replacement, fixing the chair isn’t a holiday need. <Ref> Based on Bet Yosef 534 and Magan Avraham 544:1, Hilchot Chol HaMoed Zichron Shlomo (pg 12) writes that if one can borrow a replacement one must not fix the broken object. </ref>
# It’s permissible to vacuum in an area you usually vacuum once a week. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 19) </ref>
# Some say it’s forbidden to nail a picture to a wall for decorative purposes, while others permit since it involves no skilled work or exertion. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 19-20) </ref>
# It’s forbidden to garden, plant, dewed, or move grass on Chol HaMoed.  Watering is only permitted if the plant is in danger of dying. <ref> S"A 537:1, Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref>
# It’s permitted to pick flowers in order to decorate for the holiday. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 21), Chol HaMoed KeHilchato (7:4 pg 234) </ref>


===Simchat Chag===
===Flushing Down Toilet===
# An activity that brings one simcha is considered a holiday need as it’s a mitzvah to have simcha on the holiday. For example, going on a family trip is considered simchat haChag and so it’s permissible to wash one’s car windows or fill up the tank in order to drive to the park. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 22) </ref>
#One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.<ref>Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean. </ref>
# For example, since playing music is considered a simchat hachag, it’s permitted to fix (in an unskilled fashion) an instrument in order to play music for the holiday. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 21) </ref>
# If one is throwing their chametz into water they should crush it up first.<ref>Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.</ref> This applies even if one is destroying it before the sixth hour on Erev Pesach.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 118:3] proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam luleh. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.</ref> [It could be good to include a discussion regarding the specific timing of Biur Chametz, in terms of what the ideal time is and what the earliest and latest times are.]


===Preparing from Chol HaMoed to Yom Tov===
===Garbage===
# It’s permitted to do work for a Tzorech HaMoed from one day of Chol HaMoed in preparation for the other days of Chol HaMoed or for days of Yom Tov. <ref> Pri Megadim 533 M”Z is in doubt whether one may cook from one day of Chol HaMoed for another. However, Kaf HaChaim 533:6 and Hilchot Chol HaMoed Zichron Shlomo (pg 18) rule that it is permissible. Additionally, Hagahot Rabbi Akiva Eiger 539:11, Eshel Avraham 330, and Hilchot Chol HaMoed Zichron Shlomo (pg 18) write that it’s permissible to cook from Chol HaMoed to Yom Tov including Yom Tov Sheni of Galiyot. </ref>
#If one puts chametz in one’s private garbage bin one should either pour Ajax (or a similar substance) on the chametz to make it totally inedible,<ref>Minchat Yitzchak 4:56, [[Shevet Halevi]] 1:137. </ref> or put it in the street and declare it ownerless in front of three people.<ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref> One can also include them in the sale of the chametz to a non-Jew but then they cannot be used by him over [[pesach|Pesach]].<ref>Be'er Moshe 1:41; 3:74 </ref>
===Melacha needed in preparation for a Tzorech HaMoed===
===Minhag to Burn Other Things with Chametz===
# Just as unskilled work is permitted for a Tzorech HaMoed, so too it’s permitted to do preparatory work that’s nessecary for a Tzorech HaMoed. <Ref>Magan Avraham 545:25 and Mishna Brurah 545:48 say that preparatory work that’s necessary for a Tzorech HaMoed is permissible such as preparing a quill and ink to write things that are permitted to write on Chol HaMoed. </ref>
#There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur.<ref>Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36.  </ref> There is also a custom to burn the [[lulav]],<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot [[Sukkah]] 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the [[lulav]] to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to fuel the ovens for [[matza]] according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot,<ref>Mishna Brurah 445:7 </ref> leftover [[chanuka]] candles and wicks,<ref>[http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of [[Chanukah]] candles. </ref> and fingernails<ref>Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz.
# For example, one may sharpen a pencil in order to writes a social letter for the Moed. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 17) </ref>
===Women===
===Needs for others===
#Women are also obligated in the mitzvah to destroy chametz.<ref>Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref>
# Unskilled work is permitted even for the need of others as long as one isn’t being hired. <Ref> S”A 542:1 </ref>
===Asking a Non-Jew===
# One is allowed to hire a non-Jew to do work that’s permitted for a Jew to perform and it’s permitted to pay the non-Jew for the work. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 16) based on Buir Halacha 541 D”H Elah and 542 D”H Afilu. </ref>
# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz, however, you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.
===Examples===
* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref>
# For example, if a chair broke, it may be fixed in an unskilled manner is the chair is needed for the holiday, however, if another chair could be used or a chair could be borrowed one shouldn’t fix the chair. Additionally, if it takes carpentry skills to fix the chair or it was broken before the holiday and could have been fixed then, one may not fix the chair. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 12) based on the principles of Tzorech HaMoed. </ref>
#There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.<ref>Tosfot Rabbenu Peretz Pesachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b s.v. Rabbi Shimon, Meiri 21a s.v. umochra, and Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, and Avnei Nezer OC 341 hold like the Rosh.</ref>
# For example, it’s permissible to change a tire, jumpstart a car, or change it’s battery if the car will be used for festival purposes. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15, 22) </ref> However, making other car repairs which require skilled work are forbidden to make (unless there’s a financial loss like having to leave your car on the road and having to return for it). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 23), Shemirat Shabbat KeHilchata 66:59</ref>
# Washing or vacuuming the floor which is usually cleaned once or more times a week is permitted during Chol HaMoed. <Ref> Minchat Yom Tov 104:2 writes that since it’s normal to wash the floor twice a week it’s permissible to wash the floors on Chol Hamoed even if it’s a excessive work, however, scrubbing the floor to remove dirt is forbidden as it involves a melacha and requires excessive effort. Hilchot Chol HaMoed Zichron Shlomo (pg 19) extends this to floors that are cleaned once a week, and permits vacuuming as well. </ref>
# One may change the tire of a car if the car is needed for use during the holiday. One may also change the tire for a friend’s car if one isn’t being paid. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 15) rules like Sh”t Shevet HaLevi 1:166(3) even though he quotes the Debrinsiner Rav who says that it’s a maaseh uman and involves a tircha. </ref>
# Many forbid fishing for pleasure on Chol HaMoed, while some are lenient. If the fish will be eaten one may be lenient. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes in name of the Debrinsiner Rav that it’s forbidden to fish for pleasure and points out that Rav Moshe Feinstein permits. However many others side are strict including Sh”t Rivevot Efraim 1:356(2) and Chol HaMoed KeHilchato in name of Rav Shlomo Zalman Aurerbach and Rav Wosner. Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes that (according to all) one can be lenient if the fish will be eaten. </ref>


===Maaseh Uman===
===Feeding Chametz to Animals===
# For a person who isn't a tailor and isn't adept at sewing, sewing is considered not a Maaseh Uman. However, the average women is proficient at sewing and so is considered an Uman. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 14) writes that nowadays most men aren’t adept at sewing. </ref>
# One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.<ref>Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215</ref>
# A skilled worker may sew with a Shinui, meaning, making long stitches and alternating between high and low stitches (forming a zig-zag). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 14) </ref>
#It is permitted to throw the chametz into a field with a lot of birds, but if the person notices that at the prohibited time for chametz, the birds haven't eaten it yet, he should destroy it immediately.<ref>Chazon Ovadia page 65. </ref>
# When sewing on a button, many hold that it is a sufficient Shinui to sew it loosely and only use 2 out of 4 holes (such as two diagonal ones). However, some say that it is an insufficient Shinui unless one has no other clothes to wear. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 14) quotes Rav Yacov Kamenetsky and the Debrinsiner Rav who allow if the action is significantly changed such as it’s loose and one only sews it through 2 holes. Hilchot Chol HaMoed continues to quote Rav Moshe Feinstein who forbids unless there’s no other clothes to wear. </ref>
# According to some authorities, it’s never considered a Shinui if a skilled person sews with a sewing machine while others are lenient if one makes a Shinui.


==Preparation of food==
==Which candle to use==
# It’s permissible to do melachot in order to prepare food for the holiday (from one day of Chol HaMoed to another day of Chol HaMoed or from Chol HaMoed to Yom Tov). <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 37) </ref>
# It’s permissible even if the melacha was deliberately pushed off to doing it on Chol HaMoed. <Ref> S”A 533:1 </ref>
# If one has adequate supply of the specific food one shouldn’t cook that food on Chol HaMoed unless the fresher food will be tastier. <Ref> S”A 533:1 writes that if one already has flour one should not ground new flour; however, even if one has bread one may cook new bread since hot bread is tastier. Hilchot Chol HaMoed Zichron Shlomo (pg 37) agrees.</ref>
# It’s permissible to take wages for cooking on Chol HaMoed food that’s needed for the holiday, however, it’s preferable to have a non-Jewish cook do it. <ref>Buir Halacha 542, Hilchot Chol HaMoed Zichron Shlomo (pg 36) </ref>
# It’s permissible to fish on Chol HaMoed or to pick fruit on Chol Hamoed with intent to eat the fish or fruit. It’s permissible to fish or pick fruit abundantly so that one will be able to choose the choicest among them to eat. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 38). S”A 537:15 regarding fruits, Mishna Brurah 533:14, 18 regarding fish. </ref>
===Cooking extra===
# One may not cook on Chol HaMoed in order to have food after the holiday, however it’s permissible to cook generously without calculating precisely and if there’s leftovers, it’s permissible to have them after the holiday. <ref>S”A 533:1 </ref>
# If one transgressed and did cook for after the holiday it’s still permissible to eat it. <ref> S”A 527:23 rules this regarding Yom Tov and Hilchot Chol HaMoed Zichron Shlomo (pg 38) writes that this is true regarding Chol HaMoed as well. </ref>
===For whom?===
# It’s permissible to cook for fellow Jews, but one may not do extra work in cooking for a non-Jew. If one is just adding more ingredients to the pot (not considered extra work for the non-Jew) it’s permissible. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 36) </ref>
# It’s permissible to prepare food for guests even though it’s uncertain that they will come (as long as there’s a reasonable possibility). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 37) </ref>
==Preliminary preparations for food==
# Preliminary preparations such as sharpening a knife or repairing a stove in order to make food for Yom Tov is permissible if one wasn’t able to fix in before Yom Tov. <Ref>S”A 540:7-8, Mishna Brurah 540:27 </ref>
# It’s permissible to do preparations even in a skilled fashion and even if it involves excessive effort. <ref>Mishna Brurah 540:18 and 537:15, Hilchot Chol HaMoed Zichron Shlomo (pg 39) </ref>
# However it’s forbidden to intentionally postpone preliminary preparations from before the holiday until Chol HaMoed and if one did so, one may not work on it on Chol HaMoed. <Ref> Mishna Brurah 540:27, Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref>
# One may only do work that would cause an improvement to the food itself which is true of a knife or stove, however, one may not fix a can-opener or a table as these do not enhance the food but rather these can only be fixed with unskilled work. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 40) </ref>


==Physical needs of a person==
#One should not use a candle torch such as a [[havdala]] candle for checking for chametz because it is not possible to insert it into narrow places.<ref>Chazon Ovadia page 38 </ref>
# It’s permissible to do work for the physical needs of a person (Tzarchei HaGuf) on Chol HaMoed even if it involves skilled work or excessive effort. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 41) </ref>
#Someone who used a torch must repeat the search without a blessing using a single candle.<ref>Chazon Ovadia page 38 </ref>
# Therefore, one may shower with hot water and soap, brush one’s teeth on Chol HaMoed. Similarly, a women may apply cosmetics or tweeze eyebrow or body hair. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 41) </ref>
#If one does not possess a candle one may use a small flashlight.<ref>Chazon Ovadia page 38 </ref>
# If one’s only pair of glasses break one may fix it or have a professional optician fix it. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 42) </ref>
# It’s permissible to have a heater fixed if it’s very cold and an air conditioner fixed if it’s very hot on Chol HaMoed. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 43) </ref>
# It’s permissible to treat a person’s health from illness or preventing a decline in health. However, many forbid doing work for a small ache or pain. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
# It’s permissible to take medications on Chol haMoed. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 45) </ref>
# Some permit a regular medical checkup, whereas others advise avoiding it on Chol HaMoed. <Ref>http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed min 29-30, Rav Hershel Schachter holds that it’s permissible to schedule a doctor’s appointment even lechatchila and even if you planned to go on Chol HaMoed. Whereas Hilchot Chol HaMoed Zichron Shlomo (pg 46) quotes Rav Moshe Feinstein saying that one should not have a routine checkup if it does not involve a Melacha such as drawing blood. </ref>


==Taking a haircut==
==Beracha==
# It’s a mitzvah to take a haircut on Erev Yom Tov. <ref>S”A 531:1 </ref>
# It’s forbidden to take a haircut on Chol HaMoed as the rabbis prohibited this so that people wouldn’t prepare properly before the holiday. <ref>S”A 531:2 </ref>
# It’s forbidden to take a haircut even if one took one before the holiday. <ref> S”A 531:2 </ref>
# This prohibition applies both to men and women <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 26) </ref> but not to children below the age of Bar or Bat Mitzvah if it is causing them discomfort. <ref>Mishna Brurah 531:16 </ref>
# Chazal did not make an exception for someone who was sick and was unable to cut one’s hair before the holiday and forbid him as well. <Ref>S”A 531:3 </ref>
# Chazal made a few exceptions and permitted certain people to cut hair on Chol HaMoed including a person who was released from prison on the holiday or late on Erev Yom Tov, one who arrives from over seas on Erev Yom Tov and was unable to cut one’s hair all of Erev Yom Tov, and one who was a mourner for a relative other than a parent, whose seventh day of mourning occurred on Erev Yom Tov which was [[Shabbat]] (and so he was unable to shave before the holiday). <ref>S”A 531:4, Hilchot Chol HaMoed Zichron Shlomo (pg 27) </ref> Those who Chazal permitted to permitted to cut one’s hair should do so in private. <Ref>S”A 531:5 </ref>
# Cutting one’s hair for medical reason is permissible. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 29) quoting Mishna Brurah 531:21 </ref>
# It’s permissible to comb or wash one’s hair even though predictably hairs will be pulled out. <Ref>Rama 531:8 </ref>
===Shaving on Chol HaMoed===
# In general, it's forbidden to shave on Chol HaMoed unless this jeopardizes one’s job. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 26) </ref>
# Many Ashkenazic authorities permitted someone who shaves regularly, at least once every 3 days, and shaved on Erev Yom Yov to shave on Chol HaMoed if there's a great need or is pained by not shaving. Also, one who relies on this only to look presentable doesn't have to be protested. <ref>
* Nodeh BeYehuda 1:13 writes that one may rely on the opinion of Rabbenu Tam who holds that one who shaved on Erev Chag may shave during Chol HaMoed on condition that the one cutting the hair is a poor person who doesn’t have what to eat. When asked why he printed such a novel idea, in Nodeh BeYehuda 2:99-101 he explains that if he didn’t print it, people would go to non-Jewish barbers who use razors and he had another secret reason. The Chatom Sofer 154 writes that the Nodeh BeYehuda’s hidden reason was that there were some who shaved daily with a razor and by allowing them to shave on Chol HaMoed he would save them from a Biblical prohibition of shaving with a razor as long as their hair stayed below some minimal level. In conclusion, the Chatom Sofer disagreed with the Nodeh BeYehuda’s leniency.
* Based on the opinion of Rabbenu Tam, Sh”t Igrot Moshe 163 rules leniently for someone who shaved on Erev Yom Tov and regularly shaves at least once in every 3 days, and he’s pained by not shaving or has a great need to shave. [http://www.yutorah.org/lectures/lecture.cfm/764803/Rabbi_Shmuel_Marcus/Shaving_on_Chol_Hamoed Rabbi Shmuel Marcus] explains this teshuva of Rav Moshe.</ref> However, Sephardim do not accept this leniency. <ref>Chazon Ovadyah (Yom Tov pg 190)</ref>
# Some authorities are even more lenient and say that if one shaves daily and shaved on Erev Yom Tov one should shave on Chol HaMoed. <ref>[http://www.yutorah.org/lectures/lecture.cfm/733780/Rabbi_Hershel_Schachter/Hilchos_Chol_Hamoed Rav Schachter] (min 50-53) quotes Rav Soloveitchik who said that anyone who had permit to shave should shave in order to look presentable for the holiday. This is also recorded in Nefesh HaRav (p. 189).</ref>


==Nail cutting==
#There is no beracha recited before the burning. The beracha of ''al biur chametz'' is recited before the bedika.<ref>Shulchan Aruch 432:1. Mishna Brurah 432:3 explains that this is because bedika is considered the beginning of the biur, and the bitul is done mainly in the heart and you can't say a beracha on something done in your heart. </ref>
# Ashkenazim hold that it’s forbidden to cut one’s nails on Chol HaMoed, while Sephardim hold that it’s permissible. <Ref> S”A 532:1 holds it’s permissible, while Rama 532:1 writes that the minhag is to be strict on this issue. Yalkut Yosef (Kitzur S”A 531-2:10) writes that Sephardim follow S”A, and Hilchot Chol HaMoed Zichron Shlomo (pg 29) writes that the Ashkenazic minhag is like the Rama. </ref>
#If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning.<ref>Mishna Brurah 423:4 </ref>
# If one cut one's nails on Erev Yom Tov one may cut them on Chol HaMoed. <ref>Mishna Brurah 532:2 </ref>
# It’s permissible to cut one’s nails with one’s hands or teeth. <Ref>Mishna Brurah 532:3 </ref>
# If one usually cuts one’s nails on Erev [[Shabbat]], it’s permissible to cut them on Chol HaMoed Erev [[Shabbat]]. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 30) quoting Bear Hetiev 532:1 </ref>
# It’s permissible for a woman to cut her nails before going to the mikveh. <Ref>Rama 532:1 </ref>


==Laundering clothing==
==Praying Arvit==
# It’s forbidden to launder clothing, towels, linens, or tablecloths on Chol HaMoed as the rabbis prohibited this so that people would prepare properly before the holiday. <ref >S”A 534:1, Hilchot Chol HaMoed Zichron Shlomo (pg 34) </ref>
# It’s also forbidden to launder clothing in a washing machine. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 30) </ref>
# If a child’s clothing are insufficient because they are soiled frequently it’s permissible to launder them on Chol HaMoed. <ref> Mishna Berura 534:11 and Aruch HaShulchan 534:8. Rav Shlomo Zalman Auerbach in Shulchan Shlomo 534:3 says that this age is until at most 6 or 7 years old. </ref> If one is laundering them in a machine one may wash a full load of children’s clothing but adult’s clothing may not be added. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 32) </ref>
# One may launder guests' sheets and towels on Chol HaMoed. <ref>[http://www.shemayisrael.com/parsha/ostroff/archives/shabbos6_21.htm Weekly Hilchos Shabbos Shemini] quoting Shemirat Shabbat KeHilchata (66 note 263)</ref>
# Chazal did not make an exception for someone who was sick and was unable to do laundry before the holiday and forbid him as well. <Ref>Mishna Brurah 534:2, Hilchot Chol HaMoed Zichron Shlomo (pg 30) </ref>
# Chazal made a few exceptions and permitted certain people to do laudry on Chol HaMoed including a person who was released from prison on the holiday or late on Erev Yom Tov, one who arrives from over seas on Erev Yom Tov and was unable to do laundry all of Erev Yom Tov, and someone who was a mourner for a relative other than a parent, whose seventh day of mourning occurred on Erev Yom Tov which was [[Shabbat]] (and so he was unable to do laundry before the holiday). <ref>S”A 534:1, Hilchot Chol HaMoed Zichron Shlomo (pg 30) </ref> Those who Chazal permitted to permitted to cut one’s hair should do so in private. <Ref>Rama 534:1 </ref>
# It’s permissible for a women to launder her support hose, nursing bras, and white underwear if she becomes Niddah on Chol HaMoed if she has insufficient to last for the whole holiday.  <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 32-3) </ref>
# Drying cleaning is also forbidden like laundering. If one’s only suit became so soiled that it’s impossible to worn, some permit it to be dry cleaned, and one should consult a competent rabbinic authority. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 33) </ref>
# If one’s only suit was stained, it’s permitted to remove the stain. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 33) </ref>
# If a garment has a tough stain that won’t be removed if one waits until after the holiday, cleaning is permissible. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 33) </ref>
# Ironing is permissible but pressing by a profession is forbidden. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 33-4) </ref>
# Making pleats in a skirt or pants is forbidden. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 33) </ref>
# There is a dispute whether it’s permissible to polish one’s shoes on Chol HaMoed, while everyone agrees one may brush it off. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 34) </ref>
# It’s permissible to vaacum or wash floors that are usually cleaned at least once a week. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 34) </ref>


==Moving houses==
#If one did not pray [[arvit]] and the time to search for chametz has arrived, one must pray [[arvit]] first and then search for chametz.<ref>Chazon Ovadia page 44 </ref>
# For example, it’s forbidden to move homes.<Ref> S”A 535:1 writes that one may not move homes on Chol HaMoed. Mishna Brurah 535:1 explains that it’s forbidden because of the tircha (exertion) involved. S”A writes that it’s only forbidden to move from one courtyard to another, however within the same courtyard it’s permitted. Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes in name of the Drinsiner Rav that since nowadays people have many possessions and moving always involved exertion it’s forbidden in any manner. Shemirat Shabbat KeHilchata 68:24 (footnote 86) seemingly disagrees with this and yet leaves the leniency of moving within the chetzer out of the halachas probably because nowadays we don’t have groups of houses in small courtyards.</ref>
# Nonetheless, if it’s intolerable to live under present conditions, there’s a loss of money one may certainly move homes. However, if one is moving from a rented house to one that one owns, or from a home which one splits with others to live in one’s own home there’s room to be lenient and preferably one should ask a rabbinic authority. <Ref> S”A 535:1 writes that one may not move homes from one courtyard to another, however, in 535:2 he permits if one is moving from someone else’s home to one’s own home. Mishna Brurah 535:7 explains that moving to one’s own home is permitted because it’s a Simcha for him, yet, it’s not permitted if one is just moving from a ugly or small house to a nicer or bigger one. Shaar Tzion 535:5 writes that the same leniency would be true if one is moving from a joint home to one’s own home. Shemirat Shabbat KeHilchata 68:24 quotes this as halacha. However, Hilchot Chol HaMoed Zichron Shlomo (pg 7) writes that one shouldn’t move unless there’s more serious needs such as if the living conditions are intolerable or there’s a loss of money. Mishna Brurah 535:7, Hilchot Chol HaMoed Zichron Shlomo (pg 7), and Shemirat Shabbat KeHilchata 68:24 write that each case should be judged by a rabbinic authority. </ref>


==Buying and Selling==
==When==
# It’s forbidden to buy and sell in any amount on Chol HaMoed because of the exertion involved. <Ref>S”A 539:1 writes that buying or selling in any amount is forbidden on Chol HaMoed. Mishna Brurah 539:1 explains that the reason is exertion. </ref>
==Writing==
# Writing in a professional manner/calligraphy is only permissible if there’s a public need, a loss of money, or a passing mitzvah. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 72-73) </ref>
# Writing in a non-professional manner such as regular handwriting is permissible for a need of the holiday, public need, a loss of money, or a passing mitzvah. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 73-7) </ref>
# Because of ‘need of the holiday’, it’s permissible to write a shopping list or a social letter. Additionally a child may draw. Some say that one should write on a slant so as to function as a Shinui (change from the norm).  <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 75-6) </ref>
# Because of ‘a loss of money’ it’s permissible to write down a Torah thought (חידוש), take notes in a vocational course, write homework for school, or to write a bank deposit (if one fears losing the money). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 76-77) </ref>
# Some consider typing on a computer like non-professional writing and so it’s permissible if there’s a ‘need of the holiday’. However, some consider typing like professional writing which is only permissible is there’s a public need, a loss of money, or a passing mitzvah. <ref> Hilchot Chol HaMoed Zichron Shlomo (pg 78) writes that Rav Moshe Feinstein considers typing to be non-professional writing, while, Rav Yacov Kamentsky and other poskim consider tying professional writing. Shemirat Shabbat KeHilchata also considers tying to be non-professional writing. </ref>
# Some permit using a camera (since it’s not similar to writing) for a ‘need of the holiday’, while some only permit if there’s a loss (such as if one will miss a rare opportunity to take such a picture). <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 78) quotes Rav Moshe as permitting and Rav Yacov Kamenetsky as forbidding. </ref>
# Some permit using a copy machine (since it’s not similar to writing) for a ‘need of the holiday’, while some only permit in order to prevent a loss. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 79) quotes Rav Moshe as permitting and Rav Yacov Kamenetsky as forbidding. </ref>
# It’s permissible to use a tape recorder on Chol HaMoed. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 79) </ref>


==Going to work on Chol HaMoed==
#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.
# If one may loose one’s job or if one can’t explain it to one’s employer and one will loose a promotion then it’s permissible to go to work. Additionally, it’s permissible to work for needs of the public community such as a work for the Shul. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 62 and 64:15 </ref>
*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.
# If one will loose one’s usual customers if one doesn’t open one’s store on Chol HaMoed and not just a loss of income then it’s permissible to open one’s store on Chol HaMoed but still one should minimize one’s hours. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 62 and 64:15 </ref>
*Rabbi Hershel Schachter (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. Rabbi Schachter also stated his opinion on the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 28:30 and 30:15 and in a [http://www.yutorah.org/lectures/lecture.cfm/774202/Rabbi_Hershel_Schachter/Halachos_of_Pesach shiur on yutorah.org] (“Halachos of [[Pesach]],” min 3-6). See [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_13070_102.pdf an article in Kovetz Aharon VeYisrael] about whether one fulfills Tashbitu with selling his chametz to a non-Jew.
* The Tosfot Rabbenu Peretz Pseachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu.</ref>
#The burning and the bitul of the chametz should be finished by the end of the fifth hour.<ref>Shulchan Aruch O.C. 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. Theoretically, one may burn one’s chametz until halakhic midday (Mishnah Pesachim 11b); however, Mishna Brurah (434:12) writes that in order to perform bitul chametz after biur chametz, one must burn it before the end of the fifth hour. </ref> Some say that one should specifically burn it at the beginning of the fifth hour.<ref>Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'[[matza]] 1:9. </ref>
#If chametz is found during [[pesach]], see [[Bedikat_Chametz#If_one_finds_Chametz]].
#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.<ref>Shulchan Aruch O.C. 434:2 </ref> but after the burning.<ref>Rama 434:2. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning even lechatchila. </ref>
#If one leaves his house, he should still do bitul when the time comes.<ref>Shulchan Aruch O.C. 436:1. </ref>
#It is forbidden to do melacha once the time for burning comes until you burn the chametz.<ref>Magen Avraham 445:2, Chazon Ovadia Part 1 page 65 </ref>


==Having Simchas==
==If a Person Finds Chametz on Pesach==
# It’s forbidden to have a wedding on Chol haMoed because of Ein Maarivin Simcha BeSimcha (one may not mix different Simcha’s). <ref>S”A 546:1 </ref>
# It’s permissible to have a [[Brit Milah]], [[Pidyon HaBen]], or Siyum. <Ref> Hilchot Chol HaMoed Zichron Shlomo (pg 106-7) </ref>


==Tefillin==
#If someone finds chametz on Pesach if it is [[Chol Hamoed]] he should remove it and destroy it immediately. If it is [[Yom Tov]] he should cover it until the nighttime or after Yom Tov in the diaspora and then destroy it. On Yom Tov itself it is muktzeh and it is forbidden to burn it in its place.<ref>Gemara Pesachim 6a, Shulchan Aruch OC 446:1. Bet Yosef 446:1 cites a machloket rishonim whether one should burn it on Yom Tov if he didn't do [[bitul chametz]]. Rashi 6a s.v. hakofeh, Ran 2b s.v. hamotzei, and Rabbenu Yechiel (cited by Tur) hold that one should burn it if one didn't do bitul. Rivash responsa 401 agrees. On the other hand, one opinion in the Tur and the Rambam (Maggid Mishna Chametz Umatzah 3:9) disagree and think that you can't do burn it on Yom Tov in all cases. Mishna Brurah 446:6 writes that most achronim side with those who say that one can at least take it and throw it in the wind it if one didn't do bitul but the minhag is always to just cover the chametz on Yom Tov.
<!--IF YOU WANT TO EDIT THIS SECTION, PLEASE DO SO ON THE TEFFILIN PAGE AS WELL-->
* For the opinion of the Rambam that it is forbidden to burn the chametz on Yom Tov several reasons are given: Kesef Mishna Chametz Umatza 3:8 answers that there's no need of the day to apply ''mitoch'' since it is only a mitzvah to burn the chametz. This approach is supported by the Ran Beitzah 3b s.v. vdamrinan and Ramban cited by Ran. Nonetheless, many question it in light of Beitzah 12a that seems clear that ''mitoch'' applies to mitzvot. Minchat Shlomo 2:44 s.v. vnireh explains that the reason it isn't considered a need of the day is since the mitzvah doesn't need to be done today and it itself is a melacha that is considered Hashem's needs and not a human need. Any preparations for a mitzvah are considered sufficient cause for ''mitoch''. Alternatively, he suggests that burning chametz is a destructive mitzvah and has no positive effect besides the mitzvah which doesn't warrant applying ''mitoch''. This could also be found in Minchat Shlomo Pesachim v. 1 p. 36. Magen Avraham 446:2 answers that since there's no purpose for this chametz it is muktzeh and since keeping the chametz is only a passive violation, chazal upheld their words even where it entails a violation of the Torah passively. Taz 446:3 explains that you can't burn it since it isn't a need of the day since it is possible to cover it for now.
See the full in depth discussion about [[[[Tefillin]] on Chol HaMoed|[[Tefillin]] on Chol HaMoed here]].
* Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.</ref>
# The minhag of some Ashkenazim is to wear [[Tefillin]] on Chol HaMoed, however, the minhag in Israel and minhag of Sephardim is not to wear [[Tefillin]] on Chol HaMoed. <Ref> S”A and Rama 31:2, Sh”t Yabea Omer 3:5(3), Ben Ish Chai Parashat Vayera Halacha 12.  
#If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.<ref>Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.</ref>
* Some rishonim forbid tefillin to be laid on Hol HaMoed as they consider the days have the same status as a festival which in itself constitutes a "sign" making the laying of tefillin unnecessary. These Rishonim include: Baal Halachot Gedolot (cited by Tosafot Moed Katan 19a D"H Rabbi Yosi), Rambam (Hilchot [[Yom Tov]] 7:13; explained by Kesef Mishna), Rashba (Sh"t HaRashba 1:690), and Ri (cited by the Hagahot Maimoni Hilchot [[Tefillin]] 4:9).
# If someone finds something in their house on Pesach and they don't know if it is chametz or kosher for Pesach it is permitted since once he cleaned and removed all of his chametz we assume that this is kosher for pesach. If it is obviously chametz then it is chametz. It is relevant for a case where there is matzah like dough that was cooked and it is unclear if it is chametz or matzah. If he usually makes that type of dough as chametz and also kosher for Pesach, once Pesach starts he can assume it is kosher for pesach if he has no other information about its status. This principle is termed ''azlinan batar batra'', we follow the last halachic status.<ref>Pesachim 7a, Tur and Shulchan Aruch O.C. 446:4. It is noteworthy that the Rif, Rambam, and Rosh do not quote this halacha. Pri Chadash 446 speculates that they don't quote it since it isn't common. The Biur Halacha notes that a person shouldn't be lenient to actually eat it on Pesach since Rabbenu Chananel says one can only eat it after pesach. However, Dirshu 446:20 cites Chazon Ish 120:1 who disagrees and upholds Shulchan Aruch.</ref>
* Other rishonim argue and hold that [[Chol HaMoed]] does not constitute a "sign" in which case tefillin must be laid on Hol HaMoed. These Rishonim include: Rambam, Rosh (Hilchot [[Tefillin]] 16), Or Zarua 1:589, and Maharam of Rothenburg cited by the Mordechai.
* The Bet Yosef writes that the minhag of Sephardim is not to wear [[Tefillin]] on Chol HaMoed based on Kabbalistic sources. This is also the opinion of the Vilna Gaon (Bi'ur ha-Gra Orach Chayim 31:2 s.v. V’yesh Omrim).
* The Tur (Siman 31) quotes some rishonim who are uncertain whether one must lay tefillin on Chol HaMoed and concludes that one should wear [[Tefillin]] without a Bracha. These opinions include the Ritva (Eruvin 96a), Smag (Eruvin 153), Meiri (Moed Katan 18b), and Taz 31:2. The Mishna Berura recommends that on Hol Hamoed one make a mental stipulation before donning tefillin: If I am obligated to don tefillin I intend to fulfill my obligation and if I am not obligated to don tefillin, my doing so should not be considered as fulfilling any obligation; and that the blessing not be recited. The Rama writes that the Ashkenazic custom is to wear [[Tefillin]] with a Bracha which is to be made in an undertone. See further: [[http://www.koltorah.org/ravj/tefillinONmoed.htm]].</ref>Someone who doesn’t have a minhag should not wear [[Tefillin]] on Chol haMoed. <Ref>Sh”t Teshuvot VeHanhagot 2:332 </ref>
# One who wears [[Tefillin]] should stipulate before wearing the [[Tefillin]] that if there’s an obligation then I wish to fulfill that obligation, and if not, I have no intention of fulfilling the mitzvah with my action. <Ref>Mishna Brurah 31:8 </ref>
# If one wears [[Tefillin]] on Chol HaMoed one shouldn’t wear [[Tefillin]] of Rabbenu Tam (even if one usually wears [[Tefillin]] of Rabbenu Tam). <Ref> Mishna Brurah 31:8 </ref>
# Some authorities hold that if some people in the Shul wear [[Tefillin]] and others don’t there’s a violation of Lo Titgodidu (don’t cause factions in observance of Torah) and so they advise that one should either find a shul that has your minhag or pray in different locations in the same shul. <Ref> Kitzur S"A 10:25 writes that there is an issue of Lo titgodedu for some people in the shul to wear [[Tefillin]] on chol hamoed and others not to wear Tefillin. Hilchot Chol HaMoed Zichron Shlomo (in the hebrew section pg 39-40) has a letter from Rav Moshe Feinstein, dated Kislev 5737, stating clearly that one should follow the minhag of the Shul and if the minhag is to wear [[Tefillin]] one should also. However, Rav Moshe Feinstein in Sh”t Igrot Moshe O”C 5:24 (pg 79 D”H Al Kol Panim) dated Kislev 5743, writes that in crowded shuls where there’s many who wear [[Tefillin]] and many who don’t there’s no issue of Lo Tasu Agudot since it’s clear that there’s two different minhagim. However, Rav Moshe adds that preferably someone who is praying in a shul that wears [[Tefillin]] should also wear Tefillin. Sh”t Teshuvot VeHanhagot 2:332 holds that there’s no real issue of Lo Titgodedu but preferably one should be concerned for those who hold that it’s an issue. [http://www.yutorah.org/lectures/lecture.cfm/766048/Rabbi_Hershel_Schachter/Shiur_#30_-_Yevamos_-_עשו_ב'ש_כדבריהם,_לא_תתגודדו Rabbi Schachter on yutorah.org (min 36-7)] ruled that it is an issue for some people in one minyan to wear [[Tefillin]] and others not to wear Tefillin, however, two minyanim in one shul may not be an issue.</ref>


==Work through a non-Jew==
==Erev Pesach on Shabbat==
# It’s forbidden to instruct a non-Jew to do any activity that’s forbidden for a Jew to do on Chol HaMoed. <Ref>S”A 543:1 </ref>
 
#When the fourteenth of Nisan occurs on a [[Shabbat]], all chametz must be destroyed before [[shabbat]] except for the chametz that will be needed for the first two [[shabbat]] meals.<ref>Shulchan Aruch O.C. 444:1, Rambam Hilchot Chametz U'[[matza]] 3:3 based on Rabbi Meir's opinion on Pesachim 49a. </ref>
 
==Links==
 
*[http://www.hebrewbooks.org/54541 Yalkut Yosef Hilchot Pesach vol. 1 (Hebrew, 5775)]


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

Revision as of 20:09, 11 April 2024

Biur Chametz refers to the Torah's commandment that all Jews get rid of their chametz prior to the onset of Pesach.

Orthodox Man Reciting a Prayer While Performing Biur Chametz

How to do Biur Chametz

Burning or Other Means

  1. The minhag is to burn chametz until it becomes coals or ashes during the day; however, one fulfills the mitzvah by destroying the chametz in any fashion.[1]
  2. The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.[2] Some say that one should burn the chametz in one's own property.[3] However, it is more common for people to use a communal bonfire or fire-pit.
  3. It is preferable to burn the chametz without dousing it in gasoline or lighter fluid; the Halacha dictates that ideally chametz should be made inedible with direct fire as opposed to by using any other means.[4] If the chametz will not burn quickly enough without the gasoline then one should utilize it in order to speed up the burning.[5]
  4. One should burn the chametz until it turns to charcoal.[6]
  5. One should throw the chametz into the bonfire with his right hand.[7] [It would probably be good to include a sentence about what left-handed people should do, and if there is a distinction between left-handed people and right-handed people]

Another Jew

  1. It is preferable for one to burn his own chametz and not to appoint someone else to do it for him.[8] [It could be good to include an explanation here of the general principle of "Mitzvah Bo Yoser Bibeshlucho" and the relevance to Biur Chametz]

Cutting It Up

  1. One should cut the chametz into thin slices in order for it to burn more effectively.[9]

Kezayit

  1. If one is selling chametz that he owns to a non-Jew prior to Pesach, he should leave over at least a Kezayit of chametz to burn during Biur Chametz in order to properly fulfill this Mitzvah

Flushing Down Toilet

  1. One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.[10]
  2. If one is throwing their chametz into water they should crush it up first.[11] This applies even if one is destroying it before the sixth hour on Erev Pesach.[12] [It could be good to include a discussion regarding the specific timing of Biur Chametz, in terms of what the ideal time is and what the earliest and latest times are.]

Garbage

  1. If one puts chametz in one’s private garbage bin one should either pour Ajax (or a similar substance) on the chametz to make it totally inedible,[13] or put it in the street and declare it ownerless in front of three people.[14] One can also include them in the sale of the chametz to a non-Jew but then they cannot be used by him over Pesach.[15]

Minhag to Burn Other Things with Chametz

  1. There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur.[16] There is also a custom to burn the lulav,[17] the aravot used for hoshanot,[18] leftover chanuka candles and wicks,[19] and fingernails[20] along with the chametz.

Women

  1. Women are also obligated in the mitzvah to destroy chametz.[21]

Asking a Non-Jew

  1. Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.[22]
  2. There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.[23]

Feeding Chametz to Animals

  1. One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.[24]
  2. It is permitted to throw the chametz into a field with a lot of birds, but if the person notices that at the prohibited time for chametz, the birds haven't eaten it yet, he should destroy it immediately.[25]

Which candle to use

  1. One should not use a candle torch such as a havdala candle for checking for chametz because it is not possible to insert it into narrow places.[26]
  2. Someone who used a torch must repeat the search without a blessing using a single candle.[27]
  3. If one does not possess a candle one may use a small flashlight.[28]

Beracha

  1. There is no beracha recited before the burning. The beracha of al biur chametz is recited before the bedika.[29]
  2. If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning.[30]

Praying Arvit

  1. If one did not pray arvit and the time to search for chametz has arrived, one must pray arvit first and then search for chametz.[31]

When

  1. If one is selling his chametz via his local rabbi, it is preferable to burn his remaining chametz after the sale takes effect.[32]
  2. The burning and the bitul of the chametz should be finished by the end of the fifth hour.[33] Some say that one should specifically burn it at the beginning of the fifth hour.[34]
  3. If chametz is found during pesach, see Bedikat_Chametz#If_one_finds_Chametz.
  4. 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.[35] but after the burning.[36]
  5. If one leaves his house, he should still do bitul when the time comes.[37]
  6. It is forbidden to do melacha once the time for burning comes until you burn the chametz.[38]

If a Person Finds Chametz on Pesach

  1. If someone finds chametz on Pesach if it is Chol Hamoed he should remove it and destroy it immediately. If it is Yom Tov he should cover it until the nighttime or after Yom Tov in the diaspora and then destroy it. On Yom Tov itself it is muktzeh and it is forbidden to burn it in its place.[39]
  2. If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.[40]
  3. If someone finds something in their house on Pesach and they don't know if it is chametz or kosher for Pesach it is permitted since once he cleaned and removed all of his chametz we assume that this is kosher for pesach. If it is obviously chametz then it is chametz. It is relevant for a case where there is matzah like dough that was cooked and it is unclear if it is chametz or matzah. If he usually makes that type of dough as chametz and also kosher for Pesach, once Pesach starts he can assume it is kosher for pesach if he has no other information about its status. This principle is termed azlinan batar batra, we follow the last halachic status.[41]

Erev Pesach on Shabbat

  1. When the fourteenth of Nisan occurs on a Shabbat, all chametz must be destroyed before shabbat except for the chametz that will be needed for the first two shabbat meals.[42]

Links

Sources

  1. ↑ Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15 תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.
    • See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree.
  2. ↑ Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.
  3. ↑ Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain.
  4. ↑ Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur Pesach Kihilchato page 173.
  5. ↑ http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html
  6. ↑ Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3.
  7. ↑ Orchot Chaim 451:1.
  8. ↑ Kinyan Torah 5:37
  9. ↑ Chazon Ovadia Pesach page 40.
  10. ↑ Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean.
  11. ↑ Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.
  12. ↑ Chazon Ish OC 118:3 proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam luleh. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.
  13. ↑ Minchat Yitzchak 4:56, Shevet Halevi 1:137.
  14. ↑ Piskei Teshuvot 445:7, Chelkat Yaakov 3:165
  15. ↑ Be'er Moshe 1:41; 3:74
  16. ↑ Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 Pesach Part 1 page 36.
  17. ↑ Rabbi Mansour on dailyhalacha.com. Hagahot Maimoniot Hilkhot Sukkah 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the lulav to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to fuel the ovens for matza according to Rav Yosef Kapach in Halikhot Teiman page.
  18. ↑ Mishna Brurah 445:7
  19. ↑ Rabbi Mansour on dailyhalacha.com. See also Leftover oil and wicks of Chanukah candles.
  20. ↑ Chazon Ish quoted in Orchot Rabbeinu page 104
  21. ↑ Sefer Hachinuch Mitzva 9, Chazon Ovadia pesach 5763 part 1 page 57. Pri Megadim Introduction to Hilchot Pesach 7 says that women are exempt from destroying chametz.
  22. ↑ Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz, however, you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The Chazon Ish OC 124 27b isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite.
    • However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.
  23. ↑ Tosfot Rabbenu Peretz Pesachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b s.v. Rabbi Shimon, Meiri 21a s.v. umochra, and Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, and Avnei Nezer OC 341 hold like the Rosh.
  24. ↑ Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215
  25. ↑ Chazon Ovadia page 65.
  26. ↑ Chazon Ovadia page 38
  27. ↑ Chazon Ovadia page 38
  28. ↑ Chazon Ovadia page 38
  29. ↑ Shulchan Aruch 432:1. Mishna Brurah 432:3 explains that this is because bedika is considered the beginning of the biur, and the bitul is done mainly in the heart and you can't say a beracha on something done in your heart.
  30. ↑ Mishna Brurah 423:4
  31. ↑ Chazon Ovadia page 44
  32. ↑ *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 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. Rabbi Schachter also stated his opinion on the OU Pre-Pesach Webcast 5771 between minutes 28:30 and 30:15 and in a shiur on yutorah.org (“Halachos of Pesach,” min 3-6). See an article in Kovetz Aharon VeYisrael about whether one fulfills Tashbitu with selling his chametz to a non-Jew.
    • The Tosfot Rabbenu Peretz Pseachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu.
  33. ↑ Shulchan Aruch O.C. 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. Theoretically, one may burn one’s chametz until halakhic midday (Mishnah Pesachim 11b); however, Mishna Brurah (434:12) writes that in order to perform bitul chametz after biur chametz, one must burn it before the end of the fifth hour.
  34. ↑ Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'matza 1:9.
  35. ↑ Shulchan Aruch O.C. 434:2
  36. ↑ Rama 434:2. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning even lechatchila.
  37. ↑ Shulchan Aruch O.C. 436:1.
  38. ↑ Magen Avraham 445:2, Chazon Ovadia Part 1 page 65
  39. ↑ Gemara Pesachim 6a, Shulchan Aruch OC 446:1. Bet Yosef 446:1 cites a machloket rishonim whether one should burn it on Yom Tov if he didn't do bitul chametz. Rashi 6a s.v. hakofeh, Ran 2b s.v. hamotzei, and Rabbenu Yechiel (cited by Tur) hold that one should burn it if one didn't do bitul. Rivash responsa 401 agrees. On the other hand, one opinion in the Tur and the Rambam (Maggid Mishna Chametz Umatzah 3:9) disagree and think that you can't do burn it on Yom Tov in all cases. Mishna Brurah 446:6 writes that most achronim side with those who say that one can at least take it and throw it in the wind it if one didn't do bitul but the minhag is always to just cover the chametz on Yom Tov.
    • For the opinion of the Rambam that it is forbidden to burn the chametz on Yom Tov several reasons are given: Kesef Mishna Chametz Umatza 3:8 answers that there's no need of the day to apply mitoch since it is only a mitzvah to burn the chametz. This approach is supported by the Ran Beitzah 3b s.v. vdamrinan and Ramban cited by Ran. Nonetheless, many question it in light of Beitzah 12a that seems clear that mitoch applies to mitzvot. Minchat Shlomo 2:44 s.v. vnireh explains that the reason it isn't considered a need of the day is since the mitzvah doesn't need to be done today and it itself is a melacha that is considered Hashem's needs and not a human need. Any preparations for a mitzvah are considered sufficient cause for mitoch. Alternatively, he suggests that burning chametz is a destructive mitzvah and has no positive effect besides the mitzvah which doesn't warrant applying mitoch. This could also be found in Minchat Shlomo Pesachim v. 1 p. 36. Magen Avraham 446:2 answers that since there's no purpose for this chametz it is muktzeh and since keeping the chametz is only a passive violation, chazal upheld their words even where it entails a violation of the Torah passively. Taz 446:3 explains that you can't burn it since it isn't a need of the day since it is possible to cover it for now.
    • Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.
  40. ↑ Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.
  41. ↑ Pesachim 7a, Tur and Shulchan Aruch O.C. 446:4. It is noteworthy that the Rif, Rambam, and Rosh do not quote this halacha. Pri Chadash 446 speculates that they don't quote it since it isn't common. The Biur Halacha notes that a person shouldn't be lenient to actually eat it on Pesach since Rabbenu Chananel says one can only eat it after pesach. However, Dirshu 446:20 cites Chazon Ish 120:1 who disagrees and upholds Shulchan Aruch.
  42. ↑ Shulchan Aruch O.C. 444:1, Rambam Hilchot Chametz U'matza 3:3 based on Rabbi Meir's opinion on Pesachim 49a.
Time Topic
Before Pesach
Month of Nissan - Shabbat HaGadol - Bedikat Chametz - Biur Chametz - Bitul Chametz - Tanit Bechorot - Erev Pesach - Selling Chametz - Erev Pesach That Fell out on Shabbat - Candle Lighting on Yom Tov - Kashering the kitchen for Pesach - Which foods, medications, cosmetics, and toiletries are Chametz? - Kitniyot - Chametz of a non-Jew - Owning Chametz on Pesach
Kaddesh - Urchatz - Karpas - Yachatz - Maggid - Rachsa - Motzei Matzah - Maror - Korech - Shulchan Orech - Tzafun - Barech - Hallel of the Seder - Nirtzah - Kriyat Shema Al HaMitah
- Setting the Table (The Seder plate) - Arvit of the night of Pesach - Leaning during the Seder - Required Amount of Matzah and Wine for the Seder - The four cups of wine - Matzah
After Pesach
Issru Chag - Chametz which a Jew owned on Pesach - Pesach Sheni
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