Owning Chametz on Pesach: Difference between revisions
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==Chametz You Don't Know About== | ==Chametz You Don't Know About== | ||
# Chametz which the owner doesn't know about in his possession, some say that the owner doesn't violate Baal Yiraeh, while others hold that one does violate Baal Yiraeh.<ref>Tosfot Pesachim 21a s.v. viy holds that chametz that a person who owns and doesn't know about chametz doesn't violate Baal Yiraeh. However, the Rosh Pesachim 1:9 disagrees.</ref> Many hold that if one did do bedika then if there's still chametz that one missed one doesn't violate Baal Yiraeh either because he doesn't know about it or because it is like an extenuating circumstance that he missed it.<ref>Ran Pesachim 1a s.v. elah, Maharam Chalavah. Ran explains that the Gemara Pesachim 6b is evidence that one who finds chametz on pesach doesn't violate Baal Yiraeh retroactively; he only violates Baal Yiraeh going forward if he continues to hold onto it. This is also the opinion of Rashi 6b s.v. vdayto. The Ran explains that one doesn't violate anything in the past because one doesn't violate anything for not checking places that one doesn't have to and one doesn't violate Baal Yiraeh on chametz one doesn't know about. Rabbenu Dovid Pesachim 6b s.v. gezerah says that the reason one doesn't violate Baal Yiraeh for having chametz after doing bedika is because one is only obligated to do bedika according to his abilities and afterwards if he finds something it is considered ''ones''. Maharam Chalavah 2a s.v. bodkin agrees.</ref> If he didn't do bedika then owning chametz that he doesn't know about is a violation of Baal Yiraeh on a biblical level.<ref> Pri Chadash 431:1 s.v. vshuv says that Rosh thinks that you do violate Baal Yiraeh on chametz you didn’t know about, though he doesn’t hold like the Rosh. Taz 434:3 thinks that the Tur and Rosh could hold like Tosfot. Magen Avraham 434:5 thinks that the Tur holds that you do violate Baal Yiraeh on chametz you didn’t know about and the Rosh holds you only violate Baal Yiraeh on chametz you forgot about but once knew about. Shaar Hatziyun 434:10 cites the Magen Avraham. Shulchan Aruch Harav (Kuntres Acharon 433:3) clearly holds that if you did bitul then you don't violate Baal Yiraeh because of ''ones'' or you didn't know about that chametz. If you didn’t do bedika then you violate Baal Yiraeh on chametz you didn’t know about like the Rosh unlike the Magen Avraham. Tosfot Harosh Pesachim 6b is evident that he meant like the Pri Chadash and not like the Taz or Magen Avraham. See also Ish Matzliach on Mishna Brurah who supports this contention within the Rosh.</ref> | # Chametz which the owner doesn't know about in his possession, some say that the owner doesn't violate Baal Yiraeh, while others hold that one does violate Baal Yiraeh.<ref>Tosfot Pesachim 21a s.v. viy holds that chametz that a person who owns and doesn't know about chametz doesn't violate Baal Yiraeh. However, the Rosh Pesachim 1:9 disagrees.</ref> Many hold that if one did do bedika then if there's still chametz that one missed one doesn't violate Baal Yiraeh either because he doesn't know about it or because it is like an extenuating circumstance that he missed it.<ref>Ran Pesachim 1a s.v. elah, Maharam Chalavah. Ran explains that the Gemara Pesachim 6b is evidence that one who finds chametz on pesach doesn't violate Baal Yiraeh retroactively; he only violates Baal Yiraeh going forward if he continues to hold onto it. This is also the opinion of Rashi 6b s.v. vdayto. The Ran explains that one doesn't violate anything in the past because one doesn't violate anything for not checking places that one doesn't have to and one doesn't violate Baal Yiraeh on chametz one doesn't know about. Rabbenu Dovid Pesachim 6b s.v. gezerah says that the reason one doesn't violate Baal Yiraeh for having chametz after doing bedika is because one is only obligated to do bedika according to his abilities and afterwards if he finds something it is considered ''ones''. Maharam Chalavah 2a s.v. bodkin agrees.</ref> If he didn't do bedika then owning chametz that he doesn't know about is a violation of Baal Yiraeh on a biblical level.<ref> Pri Chadash 431:1 s.v. vshuv says that Rosh thinks that you do violate Baal Yiraeh on chametz you didn’t know about, though he doesn’t hold like the Rosh. Taz 434:3 thinks that the Tur and Rosh could hold like Tosfot. Magen Avraham 434:5 thinks that the Tur holds that you do violate Baal Yiraeh on chametz you didn’t know about and the Rosh holds you only violate Baal Yiraeh on chametz you forgot about but once knew about. Shaar Hatziyun 434:10 cites the Magen Avraham. Shulchan Aruch Harav (Kuntres Acharon 433:3) clearly holds that if you did bitul then you don't violate Baal Yiraeh because of ''ones'' or you didn't know about that chametz. If you didn’t do bedika then you violate Baal Yiraeh on chametz you didn’t know about like the Rosh unlike the Magen Avraham. Tosfot Harosh Pesachim 6b is evident that he meant like the Pri Chadash and not like the Taz or Magen Avraham. See also Ish Matzliach on Mishna Brurah who supports this contention within the Rosh.</ref> | ||
==Less than a Kezayit== | |||
#Is there is baal yiraeh on less than a kezayit? Maharam Chalavah 45a s.v. amar and Rabbenu Dovid 6b s.v. iylayma explicitly hold that there is a biblical violation of baal yiraeh on less than a kezayit like every other prohibition that is prohibited with less than the requisite measure (Yoma 74a). It is possible to argue that based on Rashi, Tosfot, and other rishonim on 45a baal yiraeh biblically does not apply to less than a kezayit though it isn't explicit in their conclusions. Taz 442:5, Magen Avraham 442:10 in understanding Shulchan Aruch 442:11 and Smak, Shagat Aryeh 81 hold that there's no biblical violation of baal yiraeh on less than a kezayit. See [[Bedikat_Chametz#What]]. | |||
==Sources== | ==Sources== | ||
<References/> | <References/> | ||
[[Category:Pesach]] | [[Category:Pesach]] | ||
