Biur Chametz: Difference between revisions
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==If a Person Finds Chametz on Pesach== | ==If a Person Finds Chametz on Pesach== | ||
#If someone finds chametz on Pesach if it is [[Chol Hamoed]] he should remove it and destroy it immediately. If it is [[Yom Tov]] he should cover it until the nighttime or after Yom Tov in the diaspora and then destroy it. On Yom Tov itself it is muktzeh and it is forbidden to burn it in its place.<ref>Gemara Pesachim 6a, Shulchan Aruch OC 446:1. Bet Yosef 446:1 cites a machloket rishonim whether one should burn it on Yom Tov if he didn't do [[bitul chametz]]. Rashi 6a s.v. hakofeh, Ran 2b s.v. hamotzei, and Rabbenu Yechiel (cited by Tur) hold that one should burn it if one didn't do bitul | #If someone finds chametz on Pesach if it is [[Chol Hamoed]] he should remove it and destroy it immediately. If it is [[Yom Tov]] he should cover it until the nighttime or after Yom Tov in the diaspora and then destroy it. On Yom Tov itself it is muktzeh and it is forbidden to burn it in its place.<ref>Gemara Pesachim 6a, Shulchan Aruch OC 446:1. Bet Yosef 446:1 cites a machloket rishonim whether one should burn it on Yom Tov if he didn't do [[bitul chametz]]. Rashi 6a s.v. hakofeh, Ran 2b s.v. hamotzei, and Rabbenu Yechiel (cited by Tur) hold that one should burn it if one didn't do bitul. Rivash responsa 401 agrees. On the other hand, one opinion in the Tur and the Rambam (Maggid Mishna Chametz Umatzah 3:9) disagree and think that you can't do burn it on Yom Tov in all cases. Mishna Brurah 446:6 writes that most achronim side with those who say that one can at least take it and throw it in the wind it if one didn't do bitul but the minhag is always to just cover the chametz on Yom Tov. | ||
* For the opinion of the Rambam that it is forbidden to burn the chametz on Yom Tov several reasons are given: Magen Avraham 446:2 answers that since there's no purpose for this chametz it is muktzeh and since keeping the chametz is only a passive violation, chazal upheld their words even where it entails a violation of the Torah passively. Taz 446:3 explains that you can't burn it since it isn't a need of the day since it is possible to cover it for now. | * For the opinion of the Rambam that it is forbidden to burn the chametz on Yom Tov several reasons are given: Kesef Mishna Chametz Umatza 3:8 answers that there's no need of the day to apply ''mitoch'' since it is only a mitzvah to burn the chametz. This approach is supported by the Ran Beitzah 3b s.v. vdamrinan and Ramban cited by Ran. Nonetheless, many question it in light of Beitzah 12a that seems clear that ''mitoch'' applies to mitzvot. Minchat Shlomo 2:44 s.v. vnireh explains that the reason it isn't considered a need of the day is since the mitzvah doesn't need to be done today and it itself is a melacha that is considered Hashem's needs and not a human need. Any preparations for a mitzvah are considered sufficient cause for ''mitoch''. Alternatively, he suggests that burning chametz is a destructive mitzvah and has no positive effect besides the mitzvah which doesn't warrant applying ''mitoch''. This could also be found in Minchat Shlomo Pesachim v. 1 p. 36. Magen Avraham 446:2 answers that since there's no purpose for this chametz it is muktzeh and since keeping the chametz is only a passive violation, chazal upheld their words even where it entails a violation of the Torah passively. Taz 446:3 explains that you can't burn it since it isn't a need of the day since it is possible to cover it for now. | ||
* Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.</ref> | * Rivash 401 writes that you can't even move the muktzeh chametz in an abnormal fashion.</ref> | ||
#If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.<ref>Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.</ref> | #If one finds Chametz on Pesach if one sold one's chametz then one should simply put away that chametz together with the rest of the chametz that was sold to the non-Jew.<ref>Mikrei Kodesh p. 231 writes that if you find chametz on pesach you should just put it away with the rest of your chametz since it was sold to a non-Jew and burning it would be stealing from the non-Jew. Furthermore, taking it to burn is acquiring it as a thief and it isn’t right to own the chametz on pesach even for that short period of time even though one intends to burn it (Tosfot Pesachim 29a). Shevet Halevi 9:116 agrees and adds that if one picks it up to avoid any shaylah of acquiring it one could have explicit intention not to acquire it.</ref> | ||
