Biur Chametz: Difference between revisions
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#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 O.C. 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. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. 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. | #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 O.C. 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. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. 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. | ||
*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref> | *See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref> | ||
#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref> | #The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref> Some say that 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> | ||
#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> | ||
#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> | ||
#One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref> | #One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref> | ||
===Another Jew=== | ===Another Jew=== | ||
#It is preferable for one to burn his own chametz 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 chametz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</ref> | ||
