3,231
edits
Biur Chametz: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
==How to do Biur Chametz== | ==How to do Biur Chametz== | ||
# The minhag is to burn Chametz (until it becomes coals or ashes) during the day, however, one fulfills the mitzvah by destroying the Chametz in any fashion. <Ref> | # The minhag is to burn Chametz (until it becomes coals or ashes) during the day, however, one fulfills the mitzvah by destroying the Chametz in any fashion. <Ref> Rama 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15 תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to rabbi yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination. </ref> | ||
#It is preferable for one to burn his own chometz and not to appoint someone else to do it for him <ref> Kinyan Torah 5:37</ref> | #It is preferable for one to burn his own chometz and not to appoint someone else to do it for him <ref> Kinyan Torah 5:37</ref> | ||
#One should cut the chametz into thin slices in order for it to burn properly. <ref> Chazon Ovadia [[Pesach]] page 40. </ref> | #One should cut the chametz into thin slices in order for it to burn properly. <ref> Chazon Ovadia [[Pesach]] page 40. </ref> | ||
| Line 30: | Line 30: | ||
* 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 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 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. Theoretically, one may burn one’s chametz until halakhic midday (Mishnah Pesachim 11b); however, Mishnah Berurah (434:12) writes that in order to perform bitul chametz after biur chametz, one must burn it before the end of the fifth hour. </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> | ||
