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Biur Chametz: Difference between revisions
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#It is forbidden to do melacha once the time for burning comes until you burn the chametz. <ref> Chazon Ovadia Part 1 page 65 based on Magen Avraham 445:2. </ref> | #It is forbidden to do melacha once the time for burning comes until you burn the chametz. <ref> Chazon Ovadia Part 1 page 65 based on Magen Avraham 445:2. </ref> | ||
# One should burn the chametz until it turns to charcoal <ref> Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3. </ref> | # One should burn the chametz until it turns to charcoal <ref> Mishna Brurah 445:1, Shulchan Aruch Harav 445:4, Kaf Hachayim 445:3. </ref> | ||
# If one puts Chametz in one’s private garbage bin one should either pour Ajax on the Chametz to make it totally inedible <ref> Minchat Yitzchak 4:56, Shevet Halevi 1:137. </ref>, or put it in the street and declare that it be ownerless in front of three people. <Ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref>. One can also include them in the sale of the chametz to a non-jew but then they cannot be used by him over pesach. <ref> Be'er Moshe 1:41; 3:74 </ref> | # If one puts Chametz in one’s private garbage bin one should either pour Ajax on the Chametz to make it totally inedible <ref> Minchat Yitzchak 4:56, [[Shevet Halevi]] 1:137. </ref>, or put it in the street and declare that it be ownerless in front of three people. <Ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref>. One can also include them in the sale of the chametz to a non-jew but then they cannot be used by him over [[pesach]]. <ref> Be'er Moshe 1:41; 3:74 </ref> | ||
# It’s preferable to burn the Chametz without dousing it in gasoline or lighter fluid so that one can destroy the Chametz with fire and not to make it inedible using any other means. <Ref> Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur [[Pesach]] Kihilchato page 173. </ref> If the chametz will not burn in time without the gasoline then one should pour it to speed up the burning. <ref> http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html </ref> | # It’s preferable to burn the Chametz without dousing it in gasoline or lighter fluid so that one can destroy the Chametz with fire and not to make it inedible using any other means. <Ref> Halichot Shlomo 6:10, Piskei Teshuvot 445:1, Beer Moshe 5:122, Siddur [[Pesach]] Kihilchato page 173. </ref> If the chametz will not burn in time without the gasoline then one should pour it to speed up the burning. <ref> http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html </ref> | ||
#There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur. <ref> Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the lulav, <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot Sukkah 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the lulav to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to feul the ovens for matza according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot <ref> Mishna Brurah 445:7 </ref>, leftover chanuka candles and wicks <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of Chanukah candles. </ref> and fingernails <ref> Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz. | #There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur. <ref> Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the [[lulav]], <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot [[Sukkah]] 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the [[lulav]] to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to feul the ovens for [[matza]] according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot <ref> Mishna Brurah 445:7 </ref>, leftover [[chanuka]] candles and wicks <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of [[Chanukah]] candles. </ref> and fingernails <ref> Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz. | ||
#One should throw the chametz with his right hand. <ref> Orchot Chaim 451:1. </ref> | #One should throw the chametz with his right hand. <ref> Orchot Chaim 451:1. </ref> | ||
#One should burn the chametz in one's own property. <ref> Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain. </ref> | #One should burn the chametz in one's own property. <ref> Teshuvot vihanhagot 1:192 quoting the Ramban that the mitzva from the torah to burn chametz only applies to chametz in your domain. </ref> | ||
#One doesn’t have to do Bitul Chametz after Bedika of the Shul or Bet Midrash <ref> Mishna Brurah 433:43, Aruch HaShulchan 433:12 </ref> unless it belongs to an individual in which case one should do Bitul Chametz. <ref> Halachos of [[Pesach]] (Rabbi Eider; pg 73) </ref> | #One doesn’t have to do [[Bitul Chametz]] after Bedika of the Shul or Bet Midrash <ref> Mishna Brurah 433:43, Aruch HaShulchan 433:12 </ref> unless it belongs to an individual in which case one should do [[Bitul Chametz]]. <ref> Halachos of [[Pesach]] (Rabbi Eider; pg 73) </ref> | ||
#One should brush his teeth before the prohibited time for chametz arrives. <ref> Chazon Ovadia part 1 page 63, Ben Ish Chai Parashat Tzav halacha 8, Kaf Hachayim 444:32, Yechave Daat 1:91:8. </ref> | #One should brush his teeth before the prohibited time for chametz arrives. <ref> Chazon Ovadia part 1 page 63, Ben Ish Chai Parashat Tzav halacha 8, Kaf Hachayim 444:32, Yechave Daat 1:91:8. </ref> | ||
# Women are also obligated in the mitzva to destroy chametz. <ref> Sefer Hachinuch Mitzva 9, Chazon Ovadia pesach 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref> | # Women are also obligated in the mitzva to destroy chametz. <ref> Sefer Hachinuch Mitzva 9, Chazon Ovadia [[pesach]] 5763 part 1 page 57. Pri Megadim Introduction to Hilchot [[Pesach]] 7 says that women are exempt from destroying chametz. </ref> | ||
==Which candle to use== | ==Which candle to use== | ||
# One should not use a candle torch such as a havdala candle for checking for chametz because it is not possible to insert it into narrow places. <ref> Chazon Ovadia page 38 </ref> | # One should not use a candle torch such as a [[havdala]] candle for checking for chametz because it is not possible to insert it into narrow places. <ref> Chazon Ovadia page 38 </ref> | ||
# Someone who used a torch must repeat the search without a blessing using a single candle. <ref> Chazon Ovadia page 38 </ref> | # Someone who used a torch must repeat the search without a blessing using a single candle. <ref> Chazon Ovadia page 38 </ref> | ||
# If one does not possess a candle one may use a small flashlight. <ref> Chazon Ovadia page 38 </ref> | # If one does not possess a candle one may use a small flashlight. <ref> Chazon Ovadia page 38 </ref> | ||
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# One does not recite a blessing when using a flashlight for Biur Chametz. <ref> Or Letzion 7.8 </ref> | # One does not recite a blessing when using a flashlight for Biur Chametz. <ref> Or Letzion 7.8 </ref> | ||
==Praying Arvit== | ==Praying Arvit== | ||
# If one did not pray arvit and the time to search for chametz has arrived, one must pray arvit first and then search for chametz. <ref> Chazon Ovadia page 44 </ref> | # If one did not pray [[arvit]] and the time to search for chametz has arrived, one must pray [[arvit]] first and then search for chametz. <ref> Chazon Ovadia page 44 </ref> | ||
==When== | ==When== | ||
# If one is selling his Chametz via his local rabbi, it is preferable to burn his remaining Chametz after the sale takes effect. <ref>* The Mishna (Pesachim 21a) records a dispute between Rabbi Yehuda, who holds that one must burn one’s Chametz in order to fulfill Biur Chametz, and Rabanan, who say that one can fulfill Biur Chametz even by throwing it to the wind or into the ocean. The Rosh (2:3) quotes a dispute amongst the Rishonim regarding which opinion is normative. While the S”A 445:1 rules like Rabanan, the Rama says the Minhag is to burn it. | # If one is selling his Chametz via his local rabbi, it is preferable to burn his remaining Chametz after the sale takes effect. <ref>* The Mishna (Pesachim 21a) records a dispute between Rabbi Yehuda, who holds that one must burn one’s Chametz in order to fulfill Biur Chametz, and Rabanan, who say that one can fulfill Biur Chametz even by throwing it to the wind or into the ocean. The Rosh (2:3) quotes a dispute amongst the Rishonim regarding which opinion is normative. While the S”A 445:1 rules like Rabanan, the Rama says the Minhag is to burn it. | ||
* Rabbi Mordechai Willig (Am Mordechai Moadim p. 152-3) defends the Minhag of those who burn the Chametz in the morning before going to work even though it is before the Rabbi sells the rest of their Chametz. He explains that even though they aren’t burning their last K’zayit, nonetheless, they fulfill Tashbitu when the Rabbi sells the Chametz on their behalf. He bases this argument on the Tur 436, who according to the Pri Chadash 436:3, holds that selling one’s Chametz to a non-Jew is a fulfillment of Tashbitu. He adds that even though there is a Mitzvah to burn the Chametz, Rosh and Beit Yosef maintain that if one gets rid of his Chametz before the fifth hour, even Rabbi Yehuda agrees that one need not burn it. | * Rabbi Mordechai Willig (Am Mordechai Moadim p. 152-3) defends the Minhag of those who burn the Chametz in the morning before going to work even though it is before the Rabbi sells the rest of their Chametz. He explains that even though they aren’t burning their last K’zayit, nonetheless, they fulfill Tashbitu when the Rabbi sells the Chametz on their behalf. He bases this argument on the Tur 436, who according to the Pri Chadash 436:3, holds that selling one’s Chametz to a non-Jew is a fulfillment of Tashbitu. He adds that even though there is a Mitzvah to burn the Chametz, Rosh and Beit Yosef maintain that if one gets rid of his Chametz before the fifth hour, even Rabbi Yehuda agrees that one need not burn it. | ||
* Rabbi Hershel Schachter (B’ikvei HaTzon B’ikvei HaTzon p. 76) argues that some Rishonim hold that one does not fulfill Tashbitu by selling one’s Chametz (see Tosfot Rabbenu Peretz Pesachim 28b). Accordingly, if one burns his Chametz in the morning before the Rabbi sells the rest of one’s Chametz, one might not fulfill Tashbitu. Furthermore, the Bracha one made before Bedikat Chametz may turn out to be a Bracha Levatala. Rabbi Schachter also stated his opinion on the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 28:30 and 30:15 and in a [http://www.yutorah.org/lectures/lecture.cfm/774202/Rabbi_Hershel_Schachter/Halachos_of_Pesach shiur on yutorah.org] (“Halachos of Pesach,” min 3-6). See [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_13070_102.pdf an article in Kovetz Aharon VeYisrael] about whether one fulfills Tashbitu with selling his chametz to a non-Jew.</ref> | * Rabbi Hershel Schachter (B’ikvei HaTzon B’ikvei HaTzon p. 76) argues that some Rishonim hold that one does not fulfill Tashbitu by selling one’s Chametz (see Tosfot Rabbenu Peretz Pesachim 28b). Accordingly, if one burns his Chametz in the morning before the Rabbi sells the rest of one’s Chametz, one might not fulfill Tashbitu. Furthermore, the Bracha one made before [[Bedikat Chametz]] may turn out to be a Bracha Levatala. Rabbi Schachter also stated his opinion on the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 28:30 and 30:15 and in a [http://www.yutorah.org/lectures/lecture.cfm/774202/Rabbi_Hershel_Schachter/Halachos_of_Pesach shiur on yutorah.org] (“Halachos of [[Pesach]],” min 3-6). See [http://www.hebrewbooks.org/pagefeed/hebrewbooks_org_13070_102.pdf an article in Kovetz Aharon VeYisrael] about whether one fulfills Tashbitu with selling his chametz to a non-Jew.</ref> | ||
# The burning and the bitul of the chametz should be finished by the end of the fifth hour. <ref> Shulchan Aruch 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. </ref>Some say that one should specifically burn it at the beginning of the fifth hour. <Ref> Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'matza 1:9. </ref> | # The burning and the bitul of the chametz should be finished by the end of the fifth hour. <ref> Shulchan Aruch 434:2, Mishna Brurah 434:12, Kaf Hachayim 434:38-40. </ref>Some say that one should specifically burn it at the beginning of the fifth hour. <Ref> Piskei Teshuvot 445:3. The gemara in pesachim 21a says that from the torah chametz is only forbidden at mid-day, the rabbis made it two hours earlier because people might get confused with the hours. Rambam Chametz U'[[matza]] 1:9. </ref> | ||
#If chametz is found during pesach, see [[Bedikat_Chametz#If_one_finds_Chametz]]. | #If chametz is found during [[pesach]], see [[Bedikat_Chametz#If_one_finds_Chametz]]. | ||
#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. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning 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. <ref> Shulchan Aruch 434:2 </ref> but after the burning. <ref> Rama 434:2. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning even lechatchila. </ref> | ||
#If one leaves his house, he should still do bitul when the time comes. <ref> Shulchan Aruch 236:1. </ref> | #If one leaves his house, he should still do bitul when the time comes. <ref> Shulchan Aruch 236:1. </ref> | ||
==Erev Pesach on Shabbat== | ==Erev Pesach on Shabbat== | ||
#When the fourteenth of Nisan occurs on a Shabbat, all chametz must be destroyed before shabbat except for the chametz that will be needed for the first two shabbat meals. <ref> Shulchan Aruch 444:1, Rambam Hilchot Chametz U'matza 3:3 based on Rabbi Meir's opinion on Pesachim 49a. </ref> | #When the fourteenth of Nisan occurs on a [[Shabbat]], all chametz must be destroyed before [[shabbat]] except for the chametz that will be needed for the first two [[shabbat]] meals. <ref> Shulchan Aruch 444:1, Rambam Hilchot Chametz U'[[matza]] 3:3 based on Rabbi Meir's opinion on Pesachim 49a. </ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Pesach]] | |||
[[Category:Holidays]] | |||
