Biur Chametz: Difference between revisions
From Halachipedia
→Asking a Non-Jew
(→When) |
|||
| Line 30: | Line 30: | ||
# Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz however you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite. | # Some hold that one can fulfill tashbitu by asking a non-Jew to destroy one's chametz, others disagree and hold that one should destroy it oneself or have another Jew do it.<ref>Rav Elchanan in Kovetz Shiurim Pesachim n. 190 writes that one could fulfill one's mitzvah of tashbitu by having a non-Jew destroy one's chametz. His proof is from Bet Shamay's opinion in Pesachim 21a. The logic is that tashbitu is about removing one's chametz however you can do that and it isn't an activity-oriented mitzvah. Shvut Yitzchak v. 8 p. 135 fnt. 41 brings a proof for this from the Ritva Pesachim 7b citing the Raah and Ramban that biur chametz can be fulfilled even without proper shelichut. The [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 124 27b] isn't sure about this point. His ultimate conclusion seems to be that one can not fulfill tashbitu through the agency of a non-Jew but in the middle argues the opposite. | ||
* However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref> | * However, Rabbi Akiva Eiger OC 446:1 is absolutely clear that it is forbidden to ask a non-Jew to destroy one's chametz since it isn't a fulfillment of tashbitu. Chatom Sofer (responsa OC 1:110) agrees with Rabbi Akiva Eiger. It seems that the Magen Avraham 446:2 on the basis of the Shlah disagrees because he accepts asking a non-Jew to destroy one's chametz if not for the issues with amirah lnochri on Yom Tov. Mishna Halachot 8:182 feels that even the Magen Avraham agrees with Rabbi Akiva Eiger for a biblical obligation of tashbitu and they were discussing chametz that had bitul. However, the Lhorot Natan 13:16:3 answers that the Magen Avraham and Shlah fundamentally disagree with Rabbi Akiva Eiger. The mitzvah of tashbitu is not the action of destroying chametz but to have one's chametz destroyed. Indeed this is the view of the Maharik 195. Cheshev Haefod 1:38 explains the Magen Avraham similarly. They connects this with Magen Avraham 263:11 and Rabbi Akiva Eiger regarding asking a non-Jew to light Shabbat candles, Pri Chadash YD 120:40 regarding tevilat kelim, and Machaneh Efraim sheluchin 11 regarding building a fence by a non-Jew.</ref> | ||
#There is a discussion whether a person can fulfill tashbitu by selling one's chametz to a non-Jew.<ref>Tosfot Rabbenu Peretz Pseachim 28b s.v. vbshaah quotes the Ri who is unsure whether selling one's chametz to a non-Jew is a fulfillment of tashbitu. Rosh Pesachim 2:4 and Tosfot Harosh 28b, Meiri 21a s.v. umochra, Rabbenu Dovid 28b s.v. Rabbi Shimon all hold that selling one's chametz to a non-Jew is certainly a fulfillment of tashbitu. Pri Chadash 436:3, Mekor Chaim 436:4, Avnei Nezer OC 341 hold like the Rosh.</ref> | |||
===Feeding Chametz to Animals=== | ===Feeding Chametz to Animals=== | ||
# One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.<ref>Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215</ref> | # One could feed one's chametz to one's dog and that is a fulfillment of tashbitu.<ref>Rashi Pesachim 5b s.v. shma, Chesed Haefod 1:38, Kovetz Divrei Chidot v. 2 p. 215</ref> | ||
