Bitul Chametz: Difference between revisions

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==Procedure of Bitul Chametz==
==Procedure of Bitul Chametz==
# Everyone should make his or her own Bitul Chametz including men, women, and children. <Ref> Rav Schachter on [http://www.ou.org/community_services/media/oukosher_pre-pesach_webcast_5770 OU Kosher Pre-Pesach Webcast 5770] between minutes 4:30 and 5:00 explaining that nowadays it’s common that children, wives, and husbands all have their own money and their own Chametz. </ref>
# Everyone should make his or her own Bitul Chametz including men, women, and children. <Ref> Rav Schachter on [http://www.ou.org/community_services/media/oukosher_pre-pesach_webcast_5770 OU Kosher Pre-Pesach Webcast 5770] between minutes 4:30 and 5:00 explaining that nowadays it’s common that children, wives, and husbands all have their own money and their own Chametz. </ref>
# Even if somebody appointed an agent to search for chametz for him, the owner should do the bitul for himself. But bidieved, if the agent did the bitul for him too, and said "all the chametz in the possession of so and so should be nullified," this works as well. <ref> Chazon Ovadia Pesach 5763 part 1 page 56 </ref>  
# Even if somebody appointed an agent to search for chametz for him, the owner should do the bitul for himself. But bidieved, if the agent did the bitul for him too, and said "all the chametz in the possession of so and so should be nullified," this works as well. <ref> Chazon Ovadia Pesach 5763 part 1 page 56. Tur 434 and Shulchan Aruch and Rama 434:4, Orchot Chaim Chametz U'Matza 22, Maharam Chalava Pesachim 6b. The Nimukei Yosef Pesachim 6b quotes the Ritva that even though bedika can be done through an agent, bitul can not. He also quotes the Baal Ha'Ittur 120b that an agent can do the bitul as well. The Tur 434 also say it is permissible. The Beit Yosef there defends this by saying that even though according to some bitul is hefker and you cannot make  somebody else's things hefker, chametz is different because it's not really his anyway because it is forbidden to him, and this is brought down in the Mishna Berura 434:15.  </ref>  
# If one recites the bitul, but doesn't understand what he is saying, that chametz has not been nullified. Rather, he should say it in a language that he understands. <ref> Rama 434:2, Mishna Berura 434:9, Chazon Ovadia 5763 part 1 page 54. Rama in Darchei Moshe 434:2 explains that this is why the kol chamira was written in aramaic and not hebrew, because aramaic was the spoken language of that time. Chazon Ovadyah (vol 1, pg 54) agrees. Magen Avraham 434:5, Baer Heitev 434:5, Kaf Hachayim 434:19 all write that preferably one should use use Aramaic so that other people and angels will not understand, because the bitul involves somewhat of degradation towards the bread. </ref>
# If one recites the bitul, but doesn't understand what he is saying, that chametz has not been nullified. Rather, he should say it in a language that he understands. <ref> Rama 434:2, Mishna Berura 434:9, Chazon Ovadia 5763 part 1 page 54. Rama in Darchei Moshe 434:2 explains that this is why the kol chamira was written in aramaic and not hebrew, because aramaic was the spoken language of that time. Chazon Ovadyah (vol 1, pg 54) agrees. Magen Avraham 434:5, Baer Heitev 434:5, Kaf Hachayim 434:19 all write that preferably one should use use Aramaic so that other people and angels will not understand, because the bitul involves somewhat of degradation towards the bread. </ref>
# One should speak out the bitul and not just think it. <ref> shulchan aruch 434:2. The tur 436 says that thinking is enough but the beit Yosef 431 quotes the ran that it is not enough. </ref>  
# One should speak out the bitul and not just think it. <ref> Shulchan aruch 434:2. The tur 436 says that thinking is enough but the beit Yosef 431 quotes the ran that it is not enough. </ref>  
# A good custom is to say the Bitul Chametz three times to strengthen the point.<ref>Chazon Ovadyah (vol 1, pg 54), Nitai Gavriel (vol 1, 34:8), Chida in Moreh Bi'etzba 203 </ref>
# A good custom is to say the Bitul Chametz three times to strengthen the point.<ref>Chazon Ovadyah (vol 1, pg 54), Nitai Gavriel (vol 1, 34:8), Chida in Moreh Bi'etzba 203 </ref>
# If somebody is not home, he should do the bitul from wherever he is. <ref> Tur and Shulchan Aruch 434:4, Orchot Chaim Chametz U'Matza 22, Chazon Ovadia Pesach 5763 Part 1 page 56-57. Mishna Berura 434:17 adds that this is true even if he appointed an agent to do the bitul for him </ref> If the husband is not home and they don't know if he did the bitul, his wife should do it, and say all the chametz that is in my husband's possession, even if he didn't tell her to do this. <ref> Shulchan Aruch 434:4, Mishna Berura 434:19, Chazon Ovadia Pesach 5763 Page 57, Kaf Hachayim 434:60 </ref>


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


==References==  
==References==  
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Revision as of 20:04, 18 April 2012

  1. After the bedika at night one should say the text of bitul chametz, and should say it again in the morning before the sixth hour of the day. [1]

Procedure of Bitul Chametz

  1. Everyone should make his or her own Bitul Chametz including men, women, and children. [2]
  2. Even if somebody appointed an agent to search for chametz for him, the owner should do the bitul for himself. But bidieved, if the agent did the bitul for him too, and said "all the chametz in the possession of so and so should be nullified," this works as well. [3]
  3. If one recites the bitul, but doesn't understand what he is saying, that chametz has not been nullified. Rather, he should say it in a language that he understands. [4]
  4. One should speak out the bitul and not just think it. [5]
  5. A good custom is to say the Bitul Chametz three times to strengthen the point.[6]
  6. If somebody is not home, he should do the bitul from wherever he is. [7] If the husband is not home and they don't know if he did the bitul, his wife should do it, and say all the chametz that is in my husband's possession, even if he didn't tell her to do this. [8]

Bitul at Night

  1. The bitul at night should be done immediately following the Bedika. [9] One should not talk about things other than the bedika from when he says the beracha until after the bitul, but if he did he need not repeat the beracha. [10]
  2. If someone scattered the ten pieces for the bedika in accordance with the custom [11] and really cannot find one of the pieces, he doesn't need to go crazy and he can just rely on the bitul that he does after the bedika. [12]
  3. According to Ashkenazim, the text of the bitul which is said after the Bedika is: "כל חמירא וחמיעא דאיכא ברשותי, דלא חזיתיה ודלא בערתיה, לבטיל ולהוי הפקר כעפרא דארעא" meaning, "All chametz or leaven in my possession that I have not seen, and have not destroyed, shall be nullified and become ownerless, like the dust of the earth." [13]
  4. The Sephardic text is: "כל חמירא דאיכא ברשותי, דלא חזיתיה ודלא בערתיה, לבטיל ולהוי כעפרא דארעא" meaning, "All Chametz in my possession that I have not seen, and have not destroyed, shall be nullified like the dust of the earth." [14] However, it is preferable to insert הפקר meaning "become ownerless" as in the Ashkenazic text above, for at least one of three times one says the Bitul.[15]

Bitul During the Day

  1. In addition to the bitul at night, one should be recited during the day. [16]
  2. The nullification done after the burning in the morning includes all remaining chametz. Therefore, the text is: "כל חמירא וחמיעא דאיכא ברשותי, דחזיתיה ודלא חזיתיה, דבערתיה ודלא בערתיה, לבטיל ולהוי הפקר כעפרא דארעא" meaning, "All chametz or leaven in my possession that I have seen and that I have not seen, that I have destroyed and that I have not destroyed, shall be nullified and become ownerless, like the dust of the earth". [17]
  3. The Sephardic text is: "כל חמירא דאיכא ברשותי, דחזיתיה ודלא חזיתיה, דבערתיה ודלא בערתיה, לבטיל ולהוי כעפרא דארעא" meaning, "All chametz in my possession that I have seen and that I have not seen, that I have destroyed and that I have not destroyed, shall be nullified like the dust of the earth". [18]
  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 because otherwise the bitul doesn't work. [19] but after the burning. [20]

References

  1. ↑ Shulchan Aruch 434:2. Rashi Pesachim 4a "bi'bitul bi'alma", the Ritva Pesachim 4a, Ran Pesachim 4a and Rambam chametz u'matza 2:2 say that this declaration is a mental destrcution and fulfills the requirement of tashbitu recorded in Shemot 12:15. Tosafot Pesachim 4b "midiorayta" says the bitul makes the chametz hefker, or ownerless. The gemara in Pesachim 6b writes that really physical destruction is enough to fulfill the torah obligation to destroy chametz but we are concerned that somebody may find chametz during pesach so the rabbis established bitul. The gemara also says that from the torah bitul alone would be enough, but Tosafot 2a writes that we are worried if somebody has chametz in his house, even though it is not really his, he may come to eat it. The Ran there explains that we fear that the person will on do the bitul half-heartedly and that would not be enough.
  2. ↑ Rav Schachter on OU Kosher Pre-Pesach Webcast 5770 between minutes 4:30 and 5:00 explaining that nowadays it’s common that children, wives, and husbands all have their own money and their own Chametz.
  3. ↑ Chazon Ovadia Pesach 5763 part 1 page 56. Tur 434 and Shulchan Aruch and Rama 434:4, Orchot Chaim Chametz U'Matza 22, Maharam Chalava Pesachim 6b. The Nimukei Yosef Pesachim 6b quotes the Ritva that even though bedika can be done through an agent, bitul can not. He also quotes the Baal Ha'Ittur 120b that an agent can do the bitul as well. The Tur 434 also say it is permissible. The Beit Yosef there defends this by saying that even though according to some bitul is hefker and you cannot make somebody else's things hefker, chametz is different because it's not really his anyway because it is forbidden to him, and this is brought down in the Mishna Berura 434:15.
  4. ↑ Rama 434:2, Mishna Berura 434:9, Chazon Ovadia 5763 part 1 page 54. Rama in Darchei Moshe 434:2 explains that this is why the kol chamira was written in aramaic and not hebrew, because aramaic was the spoken language of that time. Chazon Ovadyah (vol 1, pg 54) agrees. Magen Avraham 434:5, Baer Heitev 434:5, Kaf Hachayim 434:19 all write that preferably one should use use Aramaic so that other people and angels will not understand, because the bitul involves somewhat of degradation towards the bread.
  5. ↑ Shulchan aruch 434:2. The tur 436 says that thinking is enough but the beit Yosef 431 quotes the ran that it is not enough.
  6. ↑ Chazon Ovadyah (vol 1, pg 54), Nitai Gavriel (vol 1, 34:8), Chida in Moreh Bi'etzba 203
  7. ↑ Tur and Shulchan Aruch 434:4, Orchot Chaim Chametz U'Matza 22, Chazon Ovadia Pesach 5763 Part 1 page 56-57. Mishna Berura 434:17 adds that this is true even if he appointed an agent to do the bitul for him
  8. ↑ Shulchan Aruch 434:4, Mishna Berura 434:19, Chazon Ovadia Pesach 5763 Page 57, Kaf Hachayim 434:60
  9. ↑ Shulchan Aruch 434:2, Chazon Ovadia 5763 Part 1 page 52
  10. ↑ Chazon Ovadia 5763 Part 1 page 44
  11. ↑ Rama 432:2, Mishna Brurah 432:13
  12. ↑ Chazon Ovadia 5763 part 1 page 38
  13. ↑ http://ph.yhb.org.il/en/04-05-01/. Mishna Berura 434:7 writes that this doesn't include chametz we know about because we still have chametz that we can eat the next morning and chametz that we find we burn. Shulchan Aruch 434:2 says this text without including the "vilihave hefker" but Mishna Berura 434:8 based on the Bach says to add that in because of the opinion of Tosafot 4b. Nitai Gavriel (vol 1, 34:7) has a very similar text including the word Hefker. The Ravyah Pesachim 431 page 63 has the word hefker, and the peri chadash 434:2 doesn't.
  14. ↑ Chazon Ovadia Part 1 page 52.
  15. ↑ Chazon Ovadyah (vol 1, pg 54-55)
  16. ↑ Shulchan aruch 434:2. The tur and beit yosef 434 explain that this is for the chametz acquired between the two bituls and the chametz left over to eat in the morning before the prohibited time, and this is the reason brought by Mishnah berura 434:11, shaar hatzfyun 434:20, and kaf hachayim 434:39.
  17. ↑ http://ph.yhb.org.il/en/04-05-01/. Shulchan Aruch 434:4
  18. ↑ Chazon Ovadyah (vol 1, pg 59)
  19. ↑ Pesachim 7a, Rambam Chametz U'Matza 3:7, Tur and Shulchan Aruch 434:2, Chazon Ovadia part 1 page 60-61
  20. ↑ Rama 434:2, Chazon Ovadia Pesach 5763 part 1 page 59. This is because according to tosafot pesachim 4b the bitul makes the chametz ownerless and then you wouldn't be burning your own chametz. Rav Yaakov Emden in Mor U-ketzia 434 says that one can say the bitul before burning the chametz even lechatchila.
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