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Bedikat Chametz: Difference between revisions

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# However if possible it’s preferable to appoint a שליח to do Beidika for oneself at the proper time. <Ref> Mishna Brurah 436:1 </ref> Some say that it’s better to do it oneself before going rather than have a non-family member (such as a neighbor) do it for oneself. <Ref>Piskei Teshuvot 436:1 </ref>
# However if possible it’s preferable to appoint a שליח to do Beidika for oneself at the proper time. <Ref> Mishna Brurah 436:1 </ref> Some say that it’s better to do it oneself before going rather than have a non-family member (such as a neighbor) do it for oneself. <Ref>Piskei Teshuvot 436:1 </ref>
# If one plans on returning before [[Pesach]] if there’s a fear one will return on Erev [[Pesach]] without time for Bedika one should do it before going, otherwise do it when one returns.<Ref>Mishna Brurah 436:9 </ref>
# If one plans on returning before [[Pesach]] if there’s a fear one will return on Erev [[Pesach]] without time for Bedika one should do it before going, otherwise do it when one returns.<Ref>Mishna Brurah 436:9 </ref>
===Leaving a House to a Non-Jew===
===Personal Obligation to Do Bedika===
# If a Jew was living or renting a non-Jew's house and was there until within 30 days of Pesach and then left for the duration of Pesach, there is a discussion whether he is obligated in Bedikat Chametz in the house he was staying at before leaving. Sephardim hold that if he is going to fulfill bedikat chametz in another house he isn't obligated to do bedikat chametz in the house that he is leaving since it is a non-Jew's house. However, if he isn't going to fulfill bedikat chametz someone else then he should do it in the house he is leaving since bedikat chametz is secondarily a personal obligation. Of course, bedikat chametz is an obligation upon a house that a Jew lived in where he ate chametz but it is also a personal obligation to take care of in some location.<ref>Ravyah (Pesachim ch. 426), Shulchan Aruch O.C. 436:3. Kaf HaChayim on Shulchan Arukh Orach Chayim 436:49:1 notes that Shulchan Aruch follows the Ravyah even though he quotes him with the language of some say since he doesn't quote any other opinion. Also, in the Bet Yosef he answered the Tur's challenge to the Ravyah.</ref> However, according to Ashkenazim there is no personal obligation of bedikat chametz. Therefore, in this case since he moved out of the house and left it to a non-Jew before Pesach he was exempt from bedikat chametz in that house.<ref>Rama O.C. 436:3</ref>
# If a Jew was living or renting a non-Jew's house and was there until within 30 days of Pesach and then left for the duration of Pesach, there is a discussion whether he is obligated in Bedikat Chametz in the house he was staying at before leaving. Sephardim hold that if he is going to fulfill bedikat chametz in another house he isn't obligated to do bedikat chametz in the house that he is leaving since it is a non-Jew's house. However, if he isn't going to fulfill bedikat chametz someone else then he should do it in the house he is leaving since bedikat chametz is secondarily a personal obligation. Of course, bedikat chametz is an obligation upon a house that a Jew lived in where he ate chametz but it is also a personal obligation to take care of in some location.<ref>Ravyah (Pesachim ch. 426), Mordechai Pesachim n. 535, Shulchan Aruch O.C. 436:3. Bet Yosef 436:3 makes it clear that the Ravyah thinks that there is a personal obligation of bedikat chametz and the Tur disagrees. Kaf HaChayim on Shulchan Arukh Orach Chayim 436:49:1 notes that Shulchan Aruch follows the Ravyah even though he quotes him with the language of some say since he doesn't quote any other opinion. Also, in the Bet Yosef he answered the Tur's challenge to the Ravyah.</ref> However, according to Ashkenazim there is no personal obligation of bedikat chametz. Therefore, in this case since he moved out of the house and left it to a non-Jew before Pesach he was exempt from bedikat chametz in that house.<ref>Tur and Rama O.C. 436:3</ref> Some say that he it is only exempt if the non-Jew moved in before Pesach.<ref>The Shulchan Aruch Harav 436:22 writes that the Rama was specific in his language and the Jew is only exempt if the non-Jew moves in. Gra 436:15 also understood the Rama precisely like the Shulchan Aruch Harav but disagrees with the Rama that it isn't necessary for the non-Jew to actually enter. Similarly, the Chok Yakov 436:18 thinks that the Rama's language isn't precise and it is equally true that the Jew is exempt if the non-Jew was allowed in but didn't move in. Mishna Brurah 436:32 is strict for the Shulchan Aruch Harav since some achronim follow the Shulchan Aruch against the Rama to begin with.</ref>
# If a Jew was living or renting a Jew's house and left it within 30 days of Pesach, the owner of the house is obligated in bedikat chametz.<ref></ref> If the owner is not religious and won't do bedikat chametz a person should do bedikat chametz before he leaves the house.<ref>Dirshu 436:18 inferring from Shaar Hatziyun 436:29</ref>  
# If a Jew was living or renting a Jew's house and left it within 30 days of Pesach, the owner of the house is obligated in bedikat chametz.<ref>Magen Avraham 436:16, Taz 436:7, Chok Yakov 436:15, Mishna Brurah 436:29. Shaar Hatziyun notes that even though that the inference is reasonable in the words of the Ravyah, seemingly the Jew who left is still not fulfilling his personal obligation which the Ravyah believes is incumbent upon each Jew. He answers that the second Jew is a ''shaliach'' (trans. agent, Hebrew: שליח) of the first Jew.</ref> If the owner is not religious and won't do bedikat chametz a person should do bedikat chametz before he leaves the house.<ref>Dirshu 436:18 inferring from Shaar Hatziyun 436:29 that the only reason that the first Jew is exempt is because the second Jew is going to do the bedikat chametz on his behalf as his agent. However, if the second Jew or owner isn't religious and isn't going to do bedikat chametz, then the first Jew leaving has an obligation to do bedika before leaving.</ref>
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==Where?==
==Where?==
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