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Biur Chametz: Difference between revisions

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The Torah commands us to remove and destroy all chametz we own before Pesach.
The Torah commands us to remove and destroy all chametz we own before Pesach.
==How to do Biur Chametz==
==How to do Biur Chametz==
#The minhag is to burn chametz (until it becomes coals or ashes) during the day, however, one fulfills the mitzvah by destroying the Chametz in any fashion.<ref>Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15  תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.  
===Burning or Other Means===
#The minhag is to burn chametz until it becomes coals or ashes during the day, however, one fulfills the mitzvah by destroying the Chametz in any fashion.<ref>Rama O.C. 445:1, Mishna Brurah 445:1-2, Chazon Ovadia part 1 page 64. Kaf Hachayim 445:3-4. This is based on the Mishna in Pesachim 21a which records an argument regarding how to fulfill the obligation in Shemot 12:15  תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם. Rabbi Yehuda says the only way is to burn while chachamim say you can burn it, crumble it, or throw it into the river. Rambam Chametz Umatza 3:11 and Baal Hameor rule like the rabbis. Furthermore, Rabbenu Tam (Tosfot Pesachim 12b s.v. aymatay) holds that even Rabbi Yehuda holds that it is only after midday that one needs to burn it, beforehand one can dispose of it in any way. Similarly, Baal Hameor holds that it is only a mitzvah for Rabbi Yehuda to burn it from the sixth hour and on and beforehand one can just dispose of it. Nonetheless, the Tur 445:1 explains that it is proper to be strict for Rashi who holds like Rabbi Yehuda and who also thinks that there is a mitzvah to burn the chametz even before midday. He also notes that the Rosh Pesachim 2:3 thinks that even for Rashi it is only a mitzvah to burn it in the sixth hour and not beforehand, but the Tur disagrees and thinks it is a mitzvah to burn it for Rashi all morning. Even though the Shulchan Arukh (445:1) rules that one may dispose of chametz in any fashion, Rama 445:1 writes that the minhag is to specifically burn it in order to satisfy all opinions. The Gra 445:1 says that even chachamim say that ideally one should burn it, as the Mishnah states one can "even" (af) eliminate it in other ways. He adds that the only reason this is only a custom and not obligatory is because according to Rabbi Yehuda you need to burn the chametz after its prohibited time and since we do it before that we can really do it any way. Kaf Hachayim 445:11 says that there is special kabbalistic importance to burning the chametz because it symbolizes burning the evil inclination.  
*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref>
*See Magen Avraham 445:1 who wonders why it is permitted to burn chametz according to the rabbis since it is forbidden from benefit and burning it would just create forbidden ashes that a person might come to use. Chok Yaakov 445:1 says that chametz is so serious to people that there's no concern that they're not going to use the chametz ashes. Alternatively, since most people burn chametz when it is permitted the rabbis didn't institute any prohibition upon the ashes when they are burned earlier. Rabbi Akiva Eiger 445:1 answers that since it is a mitzvah to burn it or dispose of it that removes the prohibition. Maharsham in Daat Torah 445:1 quotes others who agree. </ref>
#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref>
#The minhag is to burn the chametz in its own bonfire or fire-pit and not on one's stove.<ref>Maharil (Erev Pesach n. 3 s.v. vein), Magen Avraham 445:5, Mishna Brurah 445:11. The reason for the Maharil is that the ashes of chametz burned after chametz is forbidden is similarly forbidden according to many rishonim. To avoid mistakes even when burning the chametz when chametz is permitted the minhag is to do it in a separate bonfire and not on one's stove. Kaf HaChayim on Shulchan Arukh Orach Chayim 445:14:1 adds another explanation; since we learn the idea of chametz from notar and kodshim were typically burned in courtyards outside we should do the same for burning chametz.</ref>
#It is preferable for one to burn his own chometz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</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>
#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>
#One should throw the chametz into the bonfire with his right hand.<ref>Orchot Chaim 451:1. </ref>
===Another Jew===
#It is preferable for one to burn his own chametz and not to appoint someone else to do it for him.<ref>Kinyan Torah 5:37</ref>
===Cutting It Up===
#One should cut the chametz into thin slices in order for it to burn properly.<ref>Chazon Ovadia [[Pesach]] page 40. </ref>
#One should cut the chametz into thin slices in order for it to burn properly.<ref>Chazon Ovadia [[Pesach]] page 40. </ref>
===Kezayit===
#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>Mishna Brurah 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>Mishna Brurah 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>
 
===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>
#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>
===Garbage===
#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>
===Minhag to Burn Other Things with Chametz===
#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 fuel 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.
#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 fuel 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.
===Women===
#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 doesn’t have to do [[Bitul Chametz]] after [[Bedikat Chametz|Bedika]] of the Shul or Bet Midrash <ref>Mishna Brurah 433:43, Aruch HaShulchan 433:12 </ref> unless it belongs to an individual in which case one should do [[Bitul Chametz]].<ref>Halachos of [[Pesach]] (Rabbi Eider; pg 73)  </ref>
#One should brush his teeth before the prohibited time for chametz arrives.<ref>Chazon Ovadia part 1 page 63, Ben Ish Chai Parashat Tzav halacha 8, Kaf Hachayim 444:32, Yechave Daat 1:91:8. </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>
#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===
# 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>
# One could feed one's chametz to one's animals 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>
===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>
#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>


==Which candle to use==
==Which candle to use==
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