Bedikat Chametz: Difference between revisions
From Halachipedia
→Renting or Selling the House to a Non-Jew
Line 153: | Line 153: | ||
See [[Selling Chametz]] for the main topic of selling chametz. | See [[Selling Chametz]] for the main topic of selling chametz. | ||
#If someone rents their house and sells the chametz in it to a non-Jew for Pesach, if he sells it on the 14th (standard sale of chametz) some say he isn't obligated to do bedikat chametz, while others hold he is obligated since it wasn't sold at the time of bedika. | |||
#If someone | # If he rents his house and sell the chametz in it on the 13th (early sale), he is certainly exempt from doing bedikat chametz.<ref>Mishna Brurah 436:31 quotes a major dispute between the Mekor Chaim and Binyan Olam. The Mekor Chaim thinks that the rooms which were only sold on the 14th are obligated in bediakt chametz since at the time of bedikat chametz they were in the hands of a Jew. Chayei Adam agrees. However, the Binyan Olam holds that they aren't obligated in bedikat chametz since they aren't going to be sold tomorrow. Chatom Sofer 131 agrees as long as one leaves out a room to do bedikat chametz on. Eshel Avraham agrees. He concludes that this is the minhag. Nonetheless, it is better to sell it on the 13th and then certainly it is exempt from bedikat chametz. Kaf HaChayim on Shulchan Arukh Orach Chayim 436:54:1 agrees with the Mishna Brurah that the minhag is like the Binyan Olam but it is better to sell on the 13th. Dirshu 436:24 cites the Chazon Ish (Chut Shani p. 107, Orchot Rabbenu 2:7) and Rav Shlomo Zalman Auerbach (Halichot Shlomo Dvar Halacha 5:6) who hold that the rooms sold on the 14th are exempt from bedikat chametz.</ref> | ||
#Some say that one should specifically rent the rooms and not sell them in order that the rooms not become exempt in [[mezuzah]] over Pesach and then after Pesach the mezuzah's are invalid since they were exempt and then left up.<ref>Dirshu 436:19 cites the Rav Elyashiv (Ashrei Haish 3:51:36, Halichot Vahanhagot p. 15) as holding that if the rooms were sold to a non-Jew for the duration of Pesach then the rooms were exempt from mezuzah during Pesach and afterwards even though the mezuzah's are already there it is a problem. Mezuzah's need to be taken down and put back up, otherwise they were never put up properly since they were left hanging up from when they were previously exempt (''taseh vlo min ha'asuy'', trans. "do it and not have it done", Hebrew:תעשה ולא מן העשוי). To obviate this issue one should rent the rooms and not sell them.</ref> | #Some say that one should specifically rent the rooms and not sell them in order that the rooms not become exempt in [[mezuzah]] over Pesach and then after Pesach the mezuzah's are invalid since they were exempt and then left up.<ref>Dirshu 436:19 cites the Rav Elyashiv (Ashrei Haish 3:51:36, Halichot Vahanhagot p. 15) as holding that if the rooms were sold to a non-Jew for the duration of Pesach then the rooms were exempt from mezuzah during Pesach and afterwards even though the mezuzah's are already there it is a problem. Mezuzah's need to be taken down and put back up, otherwise they were never put up properly since they were left hanging up from when they were previously exempt (''taseh vlo min ha'asuy'', trans. "do it and not have it done", Hebrew:תעשה ולא מן העשוי). To obviate this issue one should rent the rooms and not sell them.</ref> | ||
#Some poskim question if it is proper to use these leniencies to exempt oneself from bedikat chametz altogether without a reason.<ref>Halichot Shlomo (v. 1, p. 101 fnt. 14) </ref> | |||
===Office=== | ===Office=== |