Biur Chametz: Difference between revisions
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===Flushing Down Toilet=== | ===Flushing Down Toilet=== | ||
#One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.<ref>Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean. </ref> | #One fulfills the mitzvah of destroying the chametz by flushing it down the toilet.<ref>Piskei Teshuvot 445:4, Mishna Brurah 445:5. Kinyan Torah 2:86 quotes the Chazon Ish 118:3 that he reluctantly agrees that the modern toilet is similar to throwing it into the ocean. </ref> | ||
# if one is throwing one's chametz into water one should crush it up first.<ref>Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.</ref> This applies even if one is destroying it before the sixth hour on Erev Pesach.<ref>Chazon Ish OC 118:3 proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.</ref> | # if one is throwing one's chametz into water one should crush it up first.<ref>Rabba and Rav Yosef argue whether it is necessary to crush up one's chametz before throwing it into water. Rabba holds it is necessary unless it is thrown into the Red Sea. Rav Yosef, however, holds it is not necessary except for certain type of chametz. Rashi explains for Rav Yosef for wheat kernels that became wet they need to be scattered and not left inside a bag. The Rambam Chametz Umatza 3:11 explains for Rav Yosef that hard chametz needs to be crushed. The Ran, Rosh, and Rabbenu Chananel 28a follow Rabba, while the Rambam and Shulchan Aruch O.C. 445:1 codify the opinion of Rav Yosef. Mishna Brurah advises being strict to crush all chametz to be stringent for the opinion of the Rosh.</ref> This applies even if one is destroying it before the sixth hour on Erev Pesach.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=392 Chazon Ish OC 118:3] proposes that since the reason to require crushing the chametz is that tashbitu means obliterating it from the world that is only necessary when the mitzvah of tashbitu applies. Before then, it can be removed from one's property in any way even if not obliterated from the world. According to Tosfot 12b that is only after the 7th hour and even according to Rashi as understood by the Rosh it is only for the sixth hour. However, according to the Tur's understanding of Rashi it applies even to the fifth hour and the minhag to burn chametz then is based on that approach. Therefore, based on that minhag it would be necessary to crush chametz in the fifth hour before putting it in the water in order to fulfill tashbitu. A similar approach is found in the Mekor Chaim 431 intro s.v. amnam luleh. On the other hand, Rashi 28a and Maharam Chalavah explain that the concern is that chametz which isn't crushed could be found and eaten or acquired on pesach.</ref> | ||
===Garbage=== | ===Garbage=== | ||
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#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> | ||
===Asking a Non-Jew=== | ===Asking a Non-Jew=== | ||
# 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 Pesachim 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 s.v. Rabbi Shimon, Meiri 21a s.v. umochra, and 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, and 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> | ||
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#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 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. | ||
* The 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 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.</ref> | |||
#The burning and the bitul of the chametz should be finished by the end of the fifth hour.<ref>Shulchan Aruch O.C. 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, Mishna Brurah (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> | #The burning and the bitul of the chametz should be finished by the end of the fifth hour.<ref>Shulchan Aruch O.C. 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, Mishna Brurah (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]]. | ||
