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> | |||
# 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> | ||
