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Bedikat Chametz: Difference between revisions

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* 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 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>
* 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>
# 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 1:2, 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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