Owning Chametz on Pesach: Difference between revisions
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It is forbidden to own chametz on Pesach and one who does violates the biblical commandment of Baal Yiraeh<ref>Shemot 13:7, Devarim 16:4</ref> and Baal Yimaseh,<ref>Shemot 12:19</ref> not owning or having chametz in your possession that is possible to be seen.<Ref>Pesachim 5b, Shulchan Aruch O.C. 442:1</ref> | It is forbidden to own chametz on Pesach and one who does violates the biblical commandment of Baal Yiraeh<ref>Shemot 13:7, Devarim 16:4</ref> and Baal Yimaseh,<ref>Shemot 12:19</ref> not owning or having chametz in your possession that is possible to be seen.<Ref>Pesachim 5b, Shulchan Aruch O.C. 442:1</ref> | ||
==Chametz Mixtures== | |||
# There is a biblical prohibition of baal yiraeh and baal yimaseah to own a mixture of chametz on Pesach even if there is less than the proportion of a kezayit within a pras (1/6 or 1/8).<ref>Mishna Brurah 442:1</ref> | |||
# Something that has chametz in it and is nullified one in sixty there is a rabbinic mitzvah to get rid of them. If someone didn't get rid of them and didn't realize until after Pesach it is permitted to be eaten.<ref>Mishna Brurah 442:1</ref> | |||
# Something that has the taste of chametz in it, like a potato cooked in a chametz chullent, there is a dispute if there is a biblical or rabbinic obligation to remove it. If one didn't do so, after Pesach it is forbidden to eat. In a case of a large loss it is permitted for benefit.<ref>Mishna Brurah 442:1</ref> | |||
# Something cooked in a chametz pot before Pesach, even though it is forbidden to eat on Pesach, may be kept over Pesach and eaten afterwards. This is true even if the chametz pot was used within 24 hours for chametz. Nonetheless, if it is a liquid it shouldn't be left in a chametz pot over pesach.<ref>Mishna Brurah 442:1</ref> | |||
# Something cooked in a chametz pot on Pesach is forbidden and must be gotten rid of, even if the pot wasn't used in 24 hours for chametz.<ref>Mishna Brurah 442:1</ref> | |||
==Rentals and Deposits== | ==Rentals and Deposits== | ||
#If someone rents their house to another Jew on Pesach and no one does bedika or bitul chametz, there is a dispute whether the owner violates Baal Yiraeh and Baal Yimaseh. Additionally, there is a dispute whether the renter violates those prohibitions. Certainly, the one who has it in his property should get rid of it before Pesach.<ref> | #If someone rents their house to another Jew on Pesach and no one does bedika or bitul chametz, there is a dispute whether the owner violates Baal Yiraeh and Baal Yimaseh. Additionally, there is a dispute whether the renter violates those prohibitions. Certainly, the one who has it in his property should get rid of it before Pesach.<ref> | ||
* The Gra 443:11 writes that if someone has chametz of another Jew in your property you violate Baal Yiraeh and Baal Yimaseh. He proves it from Rashi Pesachim 5b. Peni Yehoshua there and 4a agrees. See Or Chadash 4a who disagrees and argues based on Rashi Pesachim 46b. Rav Soloveitchik in Mesorah v. 3 p. 7 answers this proof of the Or Chadash. The fnt. on Maharam Chalavah Pesachim 4a fnt. 26 cites also the Bet Meir 443, Torat Chaim 4a, and Tzlach 5b who hold like the Gra. | * The Gra 443:11 writes that if someone has chametz of another Jew in your property you violate Baal Yiraeh and Baal Yimaseh. He proves it from Rashi Pesachim 5b. Peni Yehoshua there and 4a agrees. See Or Chadash 4a who disagrees and argues based on Rashi Pesachim 46b. Rav Soloveitchik in Mesorah v. 3 p. 7 answers this proof of the Or Chadash. The fnt. on Maharam Chalavah (Pesachim 4a fnt. 26) cites also the Bet Meir 443, Torat Chaim 4a, and Tzlach 5b who hold like the Gra. | ||
* The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Tosfot Chachmei Engliya 4a is explicit that the Jew who has Chametz of another Jew in his property doesn't violate Baal Yiraeh and that Rashi 5b isn't conclusive. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, and Ran who agree. | * The Maharam Chalavah 4a s.v. hamaskir and Meiri 4a s.v. vkol hold that both the renter and owner don't violate Baal Yiraeh since the chametz isn't both entirely in their property as well as belong to either of them. Nonetheless, there is a rabbinic obligation to get rid of the chametz. Tosfot Chachmei Engliya 4a is explicit that the Jew who has Chametz of another Jew in his property doesn't violate Baal Yiraeh and that Rashi 5b isn't conclusive. Fnt. to Maharam Chalavah cites the Rabbenu Dovid, and Ran who agree. | ||
* The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | * The Bach 443:5 writes that someone who has a deposit of someone else's chametz doesn't violate Baal Yiraeh and Baal Yimaseh. Magen Avraham 443:5 agrees. However, they do state that the one who has the chametz in his property should get rid of the chametz of his fellow to protect him from violating Baal Yiraeh and Baal Yimaseh.</ref> | ||
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==Pet Food== | ==Pet Food== | ||
# Bread which spoiled and is still edible to dogs is forbidden to eat, benefit from, and may not be owned on Pesach since it could be used to leaven other doughs.<Ref>Pesachim 45b, Shulchan Aruch O.C. 442:9. Ran Pesachim 13b s.v. vnisrefet explains that just like the Torah forbids sourdough (Heb. שאור; trans. se'or) since it is a leavening agent even though it isn't edible, so too spoiled bread is forbidden even though it is inedible since it is a leavening agent. Nonetheless, if the spoiled bread is so spoiled that it isn't even edible to dogs it is permitted since it is like dust as the Rif 14a writes.</ref> | # Bread which spoiled and is still edible to dogs is forbidden to eat, benefit from, and may not be owned on Pesach since it could be used to leaven other doughs.<Ref>Pesachim 45b, Shulchan Aruch O.C. 442:9. Ran Pesachim 13b s.v. vnisrefet explains that just like the Torah forbids sourdough (Heb. שאור; trans. se'or) since it is a leavening agent even though it isn't edible, so too spoiled bread is forbidden even though it is inedible since it is a leavening agent. Nonetheless, if the spoiled bread is so spoiled that it isn't even edible to dogs it is permitted since it is like dust as the Rif 14a writes.</ref> | ||
# A chametz mixture which | # A chametz mixture which does not have the ability to leaven other foods and is inedible to people is permitted to own and benefit from on Pesach.<ref>Shulchan Aruch O.C. 442:4 clarifies that a chametz mixture is permitted if it isn't human-edible and can't be used to leaven other foods. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=342 Chazon Ish OC 116:7] notes that the Rambam Chametz Umazah 4:12 clearly holds that the standard that chametz is forbidden unless it is inedible to dogs only applies to foods which are used to leaven other foods such as spoiled bread. However, other medicines or tanner's liquids which aren't used to leaven other foods are permitted as long as they are human-inedible. Mishna Brurah 442:12 seems to not distinguish. The Dirshu footnotes (note 20) explain that the Mishna Brurah fundamentally agrees with the Chazon Ish and is only strict on something that can be used to leaven other foods and people wouldn't do it because it is disgusting.</ref> Therefore, using tropical fish food that has chametz as an ingredient may be owned on Pesach and may be fed to fish on Pesach since it is edible to people.<ref>[http://halachayomit.co.il/en/default.aspx?HalachaID=2470 Rav Yaakov Sasson on halachayomit.co.il] quotes Rav Ovadia Yosef and Or Letzion v. 3 p. 92 that it is permissible to have and use tropical fish food with chametz in it since it is human-inedible.</ref> However, other pet foods such as dog, cat, and bird food potentially could be edible to people and therefore are forbidden if they contain chametz.<ref>[http://halachayomit.co.il/en/default.aspx?HalachaID=2470 Rav Yaakov Sasson on halachayomit.co.il] writes that dog, cat, and bird foods with chametz are forbidden since they could be human-edible. Even though generally people would not eat them that is only because of convention and the fact that better foods are available. Similarly, Minchat Shlomo 1:17 proves that the standard of human-edible doesn't depend on what most people would want to eat as the gemara considered urine to be human-edible. [https://www.koltorah.org/halachah/chametz-mixtures-and-pet-food-a-bold-and-controversial-approach-by-rabbi-chaim-jachter Rabbi Chaim Jachter] quotes Rabbi Avihud Schwartz (Techumin v. 35 pp. 47-54) that the dog food for army dogs is not human-edible and would be permitted if it isn't majority chametz or used to leaven other foods. Rabbi Jachter concludes that the standard Orthodox halacha pronounced by the OU, Star-K, and CRC is that pet foods with chametz are an issue and should be replaced with kosher for passover alternatives.</ref> The standard approach in the Orthodox community has been that one should not serve one’s animals pet food that contain Chametz on Pesach. <ref>[https://www.koltorah.org/halachah/chametz-mixtures-and-pet-food-a-bold-and-controversial-approach-by-rabbi-chaim-jachter Rabbi Chaim Jachter]</ref> | ||
==Less than a Kezayit== | ==Less than a Kezayit== | ||
