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Biur Chametz: Difference between revisions
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# If one did not pray arvit and the time to search for chametz has arrived, one must pray arvit first and then search for chametz. <ref> Chazon Ovadia page 44 </ref> | # If one did not pray arvit and the time to search for chametz has arrived, one must pray arvit first and then search for chametz. <ref> Chazon Ovadia page 44 </ref> | ||
==When== | ==When== | ||
# If one | # 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 Hershel Schachter (B’ikvei HaTzon 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 Berura 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 Berura 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> | ||
#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]]. | ||
