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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. 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. The Bach (434) offers another reason why one would not be able to appoint an agent to do Bitul; he explains that bitul is a mental decision which does not need to be expressed verbally, according to many opinions. Accordingly, one can not appoint an agent to fulfill a mental obligation. </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. The Bach (434) offers another reason why one would not be able to appoint an agent to do Bitul; he explains that bitul is a mental decision which does not need to be expressed verbally, according to many opinions. Accordingly, one can not appoint an agent to fulfill a mental obligation. </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> | # 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> | ||
# No bracha is made upon the bitul chametz.<ref>Bet Yosef 432:1 explains that there's no bracha for bitul chametz since according to many opinions it is a mental obligation and can be fulfilled without any verbal declaration. [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_48825_245.pdf Hagadat Ohalei Shem p. 45] asks that according to the Gra, there is a bracha for Talmud Torah even if it is fulfilled mentally without any verbal expression (see Siman 47). He answers that bitul chametz can be fulfilled instantaneously in one's mind, however, thinking torah is a lengthy process and can endure for a long period of time. Additionally, he answers that primarily the bracha for torah is made for verbally learning torah, however, bitul is completely fulfilled in one's mind.</ref> | # No bracha is made upon the bitul chametz.<ref>Bet Yosef 432:1 explains that there's no bracha for bitul chametz since according to many opinions it is a mental obligation and can be fulfilled without any verbal declaration. [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_48825_245.pdf Hagadat Ohalei Shem p. 45] asks that according to the Gra, there is a bracha for Talmud Torah even if it is fulfilled mentally without any verbal expression (see Siman 47). He answers that bitul chametz can be fulfilled instantaneously in one's mind, however, thinking torah is a lengthy process and can endure for a long period of time. Additionally, he answers that primarily the bracha for torah is made for verbally learning torah, however, bitul is completely fulfilled in one's mind.</ref> | ||
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# 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 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> | # 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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