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Biur Chametz: Difference between revisions
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#One should leave over at least a [[Kezayit]] of chametz that he is not selling to a non-jew in order to properly fulfill this mitzva. <ref> Mishnah Berurah 445:10, Kaf Hachayim 445:18. </ref> | #One should leave over at least a [[Kezayit]] of chametz that he is not selling to a non-jew in order to properly fulfill this mitzva. <ref> Mishnah Berurah 445:10, Kaf Hachayim 445:18. </ref> | ||
# It is permitted to throw the chametz into a field with a lot of birds, but if the person notices that at the prohibited time for chametz, the birds haven't eaten it yet, he should destroy it immediately. <ref> Chazon Ovadia page 65. </ref> | # It is permitted to throw the chametz into a field with a lot of birds, but if the person notices that at the prohibited time for chametz, the birds haven't eaten it yet, he should destroy it immediately. <ref> Chazon Ovadia page 65. </ref> | ||
# One fulfills the mitzvah of destroying the Chametz by flushing it down the toilet. <Ref>Piskei Teshuvot 445:4, Mishna | # 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> | ||
#It is forbidden to do melacha once the time for burning comes until you burn the chametz. <ref> Chazon Ovadia Part 1 page 65 based on Magen Avraham 445:2. </ref> | #It is forbidden to do melacha once the time for burning comes until you burn the chametz. <ref> Chazon Ovadia Part 1 page 65 based on Magen Avraham 445:2. </ref> | ||
# One should burn the chametz until it turns to charcoal <ref> Mishna | # 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> | ||
# If one puts Chametz in one’s private garbage bin one should either pour Ajax on the Chametz to make it totally inedible <ref> Minchat Yitzchak 4:56, Shevet Halevi 1:137. </ref>, or put it in the street and declare that it be ownerless in front of three people. <Ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref>. One can also include them in the sale of the chametz to a non-jew but then they cannot be used by him over pesach. <ref> Be'er Moshe 1:41; 3:74 </ref> | # If one puts Chametz in one’s private garbage bin one should either pour Ajax on the Chametz to make it totally inedible <ref> Minchat Yitzchak 4:56, Shevet Halevi 1:137. </ref>, or put it in the street and declare that it be ownerless in front of three people. <Ref>Piskei Teshuvot 445:7, Chelkat Yaakov 3:165 </ref>. One can also include them in the sale of the chametz to a non-jew but then they cannot be used by him over pesach. <ref> Be'er Moshe 1:41; 3:74 </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> | ||
#There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur. <ref> Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the lulav, <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot Sukkah 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the lulav to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to feul the ovens for matza according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot <ref> Mishna | #There is a custom to burn the ten pieces of chametz that were hidden for the bedikah along with the rest of the chametz during biur. <ref> Kaf Hachayim 432:1 quoting the Arizal, Chazon Ovadia 5763 [[Pesach]] Part 1 page 36. </ref> There is also a custom to burn the lulav, <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. Hagahot Maimoniot Hilkhot Sukkah 7:26 and Darchei Moshe Haaroch 664 and the Rama 664:9. Kaf Hachayim 445:16, 664:60 says to take half of the lulav to burn with the chametz and half to bake the matzot. The custom in Yemen was to use it to feul the ovens for matza according to Rav Yosef Kapach in Halikhot Teiman page. </ref> the [[aravot]] used for hoshanot <ref> Mishna Brurah 445:7 </ref>, leftover chanuka candles and wicks <ref> [http://www.dailyhalacha.com/displayRead.asp?readID=241 Rabbi Mansour on dailyhalacha.com]. See also [[Leftover oil and wicks]] of Chanukah candles. </ref> and fingernails <ref> Chazon Ish quoted in Orchot Rabbeinu page 104 </ref> along with the chametz. | ||
#One should throw the chametz with his right hand. <ref> Orchot Chaim 451:1. </ref> | #One should throw the chametz with his right hand. <ref> Orchot Chaim 451:1. </ref> | ||
#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> | #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> | ||
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# If one does not possess a candle one may use a small flashlight. <ref> Chazon Ovadia page 38 </ref> | # If one does not possess a candle one may use a small flashlight. <ref> Chazon Ovadia page 38 </ref> | ||
==Beracha== | ==Beracha== | ||
#There is no beracha recited before the burning. The beracha of al biur chametz is recited before the bedika. <ref> Shulchan Aruch 432:1. Mishna | #There is no beracha recited before the burning. The beracha of al biur chametz is recited before the bedika. <ref> Shulchan Aruch 432:1. Mishna Brurah 432:3 explains that this is because bedika is considered the beginning of the biur, and the bitul is done mainly in the heart and you can't say a beracha on something done in your heart. </ref> | ||
#If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning. <ref> Mishna | #If someone forgot the beracha the night before on the bedika, he can recite the next day on the burning. <ref> Mishna Brurah 423:4 </ref> | ||
# One does not recite a blessing when using a flashlight for Biur Chametz. <ref> Or Letzion 7.8 </ref> | # One does not recite a blessing when using a flashlight for Biur Chametz. <ref> Or Letzion 7.8 </ref> | ||
==Praying Arvit== | ==Praying Arvit== | ||
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* 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 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 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 | # The burning and the bitul of the chametz should be finished by the end of the fifth hour. <ref> Shulchan Aruch 434:2, Mishna Brurah 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]]. | ||
#The nullification during the day should be done before the sixth hour, so that the chametz that you nullify is still yours when you nullify it. <ref> Shulchan Aruch 434:2 </ref> but after the burning. <ref> Rama 434:2. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning even lechatchila. </ref> | #The nullification during the day should be done before the sixth hour, so that the chametz that you nullify is still yours when you nullify it. <ref> Shulchan Aruch 434:2 </ref> but after the burning. <ref> Rama 434:2. According to Rav Yaakov Emden in Mor Uketzia 434 one can do the bitul before the burning even lechatchila. </ref> | ||
