Bedikat Chametz: Difference between revisions
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===Renters=== | ===Renters=== | ||
# If the owner/landlord has the keys at the time of the Bedika, then the owner is obligated in Bedika.<Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> | # If the owner/landlord has the keys at the time of the Bedika, then the owner is obligated in Bedika.<Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> | ||
# If the renter has the key to the house at the time of Bedika (14th at [[Tzet HaKochavim]]) and he has made a halachic [[acquisition]] (paying with cash), then he’s obligated to do Bedika. <Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> | # If the renter has the key to the house at the time of Bedika (14th at [[Tzet HaKochavim]]) and he has made a halachic [[acquisition]] (paying with cash), then he’s obligated to do Bedika.<Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> | ||
# However, if the renter has the key to the house but didn’t do a halachic [[acquisition]], many say that the owner is obligated and some say that the renter is obligated.<Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> Certainly the owner or renter can be appointed a שליח by the other and fulfill the obligation of Bedika. <Ref>Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 99) </ref> | # However, if the renter has the key to the house but didn’t do a halachic [[acquisition]], many say that the owner is obligated and some say that the renter is obligated.<Ref> Shulchan Aruch O.C. 437:1, Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 98) </ref> Certainly the owner or renter can be appointed a שליח by the other and fulfill the obligation of Bedika. <Ref>Mishna Brurah 437:2, Halachos of [[Pesach]] (pg 99) </ref> | ||
# A person who rents a house for [[Pesach]], the areas which one will put one’s food utensils and actual food should be checked perfectly well. The rest of the house should be checked well, however, the areas which are private areas and the renters are not supposed to open (explicitly mentioned or implicitly understood) the renters do not have to Bedika on those areas.<Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 16:45 and 19:15 explaining that we assume that the children didn’t put Chametz there and they are even renting those private areas </ref> | # A person who rents a house for [[Pesach]], the areas which one will put one’s food utensils and actual food should be checked perfectly well. The rest of the house should be checked well, however, the areas which are private areas and the renters are not supposed to open (explicitly mentioned or implicitly understood) the renters do not have to Bedika on those areas.<Ref> Rav Yisrael Belsky on [https://oukosher.org/passover/webcast/pre-pesach/ou-kosher-pre-pesach-webcast-5771-2011/ OU Pre-Pesach Webcast 5771] between minutes 16:45 and 19:15 explaining that we assume that the children didn’t put Chametz there and they are even renting those private areas </ref> | ||
# If someone rented a house for Pesach and it was stipulated that the owner did Bedikat Chametz beforehand and it is revealed that it isn't the case, nonetheless, the renter must do the Bedikat Chametz. Some say that the owner must pay the renter the cost of doing the Bedikat Chametz on his behalf.<ref>Gemara Pesachim 4b, Shulchan Aruch and Rama Orach Chaim 437:3. The Gemara establishes that even if the owner lied that he did Bedikat Chametz on the house, the renter can't renege on the deal since a person would want to do the mitzvah of Bedikat Chametz himself or by paying someone else to do it. | |||
* Tosfot 4b s.v. hamaskir writes that we're discussing a rental that began prior to the 14th of Nissan in which case it is reasonable that the renter has to do Bedikat Chametz, otherwise it would be obvious that there is an obligation upon the owner to do it. | |||
* The Ran Pesachim 1b s.v. hamaskir learns that it is discussing a rental that happened on the fourteenth on the assumption that Bedikat Chametz was done and one can't retract because people like to do mitzvot themselves or pay for them. Maharam Chalavah 4b s.v. iybaya agrees. | |||
* The Ramban takes it a step further and says that even if it was stipulated explicitly that they did Bedikat Chametz it isn't a void sale since people like to do mitzvot themselves or pay for them. However, the Ramban says that people would only like to do the mitzvah themselves or pay for it if they are later going to be paid back. Certainly the owner should have done the Bedikat Chametz and if he is around the renter can force him to do it but if it isn't possible then it isn't a voided deal. This approach of the Ramban is cited by the Rabbenu Dovid 4b vharav, Maggid Mishna (Chametz Umatza 2:18), Ritva Pesachim 4b s.v. hamaskir, Ran Pesachim 1b s.v. hamaskir, and Meiri 4b s.v. hamaskir. The Rama 437:3 quotes the opinion of the Ramban.</ref> It isn't an option for the renter to blame the owner for not having done Bedikat Chametz and live there anyway, he needs to do it himself.<reF>Ran Pesachim 1b s.v. hamaskir clarifies that even though the responsibility of the Bedikat Chametz was upon the owner the night of the fourteenth but if he neglected or intentionally didn't do it, the renter may not live there without Bedika. He explains that even with a non-Jew's chametz in one's house one needs to section it off with a wall of ten tefachim. This implies that it is necessary to find and remove the chametz in the house even though it isn't one's chametz.</ref> | |||
# If someone rents a house from a Jew after the night of the fourteenth one can assume that it had Bedikat Chametz.<ref>Gemara Pesachim 4a, Rosh Pesachim 1:3, Rambam Chametz Umatzah 2:17, Rabbenu Dovid 4b s.v. iybaya and Maharam Chalavah 4b s.v. ule'inyan in explaining the opinion of the Rif 1b, Shulchan Aruch Orach Chaim 437:2. However, the Talmid Harashba 4b s.v. garsinan thinks that we hold that we assume that the house wasn't checked.</ref> | |||
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