Owning Chametz on Pesach: Difference between revisions

#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 Bal Yiraeh and Bal Yimatzeh. 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 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.

#Similarly, someone who has a deposit of another Jew's chametz in his property on Pesach must get rid of it and there is a discussion if he would violate Bal Yiraeh and Bal Yimatzeh.<ref>Bach 443:5 and Magen Avraham 443:5 state that the one who has the chametz deposited by him wouldn't violate Baal Yiraeh but the owner would violate Baal Yiraeh, while the Gra 443:11 disagrees. Meiri Pesachim 4a s.v. vkol implies that in fact neither the owner or the one who it is deposited by would violate Baal Yiraeh.</ref>

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[[Category:Pesach]]