Biur Chametz: Difference between revisions
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→If a Person Finds Chametz on Pesach
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* Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.</ref> | * Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.</ref> | ||
#If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.<ref>Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.</ref> | #If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.<ref>Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.</ref> | ||
# If someone finds something in their house on Pesach and they don't know if it is chametz or kosher for Pesach it is permitted since once he cleaned and removed all of his chametz we assume that this is kosher for pesach. If it is obviously chametz then it is chametz. It is relevant for a case where there is matzah like dough that was cooked and it is unclear if it is chametz or matzah. If he usually makes that type of dough as chametz and also kosher for Pesach, once Pesach starts he can assume it is kosher for pesach if he has no other information about its status. This principle is termed ''azlinan batar batra'', we follow the last halachic status.<ref>Pesachim 7a, Tur and Shulchan Aruch O.C. 446:4. It is noteworthy that the Rif, Rambam, and Rosh do not quote this halacha. Pri Chadash 446 speculates that they don't quote it since it isn't common. The Biur Halacha notes that a person shouldn't be lenient to actually eat it on Pesach since Rabbenu Chananel says one can only eat it after pesach. However, Dirshu 446:20 cites Chazon Ish 120:1 who disagrees and upholds Shulchan Aruch.</ref> | |||
==Erev Pesach on Shabbat== | ==Erev Pesach on Shabbat== | ||
