Owning Chametz on Pesach: Difference between revisions
From Halachipedia
(Created page with "It is forbidden to own chametz on Pesach and one who does violates the Biblical commandment of Baal Yiraeh and Baal Yimaseh, not owning or having chametz in your possession th...") |
|||
| Line 3: | Line 3: | ||
#If someone rents their house to another Jew on Pesach and no one does bedika or bitul chametz, there is a dispute whether the owner violates Baal Yiraeh and Baal Yimaseh. Additionally, there is a dispute whether the renter violates those prohibitions. Certainly, the one who has it in his property should get rid of it before Pesach.<ref> | #If someone rents their house to another Jew on Pesach and no one does bedika or bitul chametz, there is a dispute whether the owner violates Baal Yiraeh and Baal Yimaseh. Additionally, there is a dispute whether the renter violates those prohibitions. Certainly, the one who has it in his property should get rid of it before Pesach.<ref> | ||
* The Gra 443:11 writes that if someone has chametz of another Jew in your property you violate Baal Yiraeh and Baal Yimaseh. He proves it from Rashi Pesachim 5b. Peni Yehoshua there and 4a agrees. See Or Chadash 4a who disagrees and argues based on Rashi Pesachim 46b. The fnt. on Maharam Chalavah Pesachim 4a fnt. 26 cites also the Bet Meir 443, Torat Chaim 4a, and Tzlach 5b who hold like the Gra. | * The Gra 443:11 writes that if someone has chametz of another Jew in your property you violate Baal Yiraeh and Baal Yimaseh. He proves it from Rashi Pesachim 5b. Peni Yehoshua there and 4a agrees. See Or Chadash 4a who disagrees and argues based on Rashi Pesachim 46b. The fnt. on Maharam Chalavah Pesachim 4a fnt. 26 cites also the Bet Meir 443, Torat Chaim 4a, and Tzlach 5b who hold like the Gra. | ||
* The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. | * The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, Ran, and Tosfot Chachmei England who agree. | ||
* The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | * The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | ||
# Similarly, if someone has a deposit of another Jew's chametz in his property on Pesach he must get rid of it and there is a discussion if the one who has it deposited by would violate Baal Yiraeh and Baal Yimaseh.<ref>Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. | # Similarly, if someone has a deposit of another Jew's chametz in his property on Pesach he must get rid of it and there is a discussion if the one who has it deposited by would violate Baal Yiraeh and Baal Yimaseh.<ref>Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. vkol implies that in fact neither the owner or the one who it is deposited by would violate Baal Yiraeh.</ref> | ||
==Sources== | ==Sources== | ||
<References/> | <References/> | ||
[[Category:Pesach]] | [[Category:Pesach]] | ||
Revision as of 16:24, 29 July 2020
It is forbidden to own chametz on Pesach and one who does violates the Biblical commandment of Baal Yiraeh and Baal Yimaseh, not owning or having chametz in your possession that is possible to be seen.
Rentals and Deposits
- If someone rents their house to another Jew on Pesach and no one does bedika or bitul chametz, there is a dispute whether the owner violates Baal Yiraeh and Baal Yimaseh. Additionally, there is a dispute whether the renter violates those prohibitions. Certainly, the one who has it in his property should get rid of it before Pesach.[1]
- Similarly, if someone has a deposit of another Jew's chametz in his property on Pesach he must get rid of it and there is a discussion if the one who has it deposited by would violate Baal Yiraeh and Baal Yimaseh.[2]
Sources
- ↑
- The Gra 443:11 writes that if someone has chametz of another Jew in your property you violate Baal Yiraeh and Baal Yimaseh. He proves it from Rashi Pesachim 5b. Peni Yehoshua there and 4a agrees. See Or Chadash 4a who disagrees and argues based on Rashi Pesachim 46b. The fnt. on Maharam Chalavah Pesachim 4a fnt. 26 cites also the Bet Meir 443, Torat Chaim 4a, and Tzlach 5b who hold like the Gra.
- The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, Ran, and Tosfot Chachmei England who agree.
- The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.
- ↑ Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. vkol implies that in fact neither the owner or the one who it is deposited by would violate Baal Yiraeh.
