Laws of the Search for Chametz

Transcription

1 Shemini (Pesach) This week's article continues to delineate the laws of bedikas chametz, and will deal with a number of important points. What is the correct time for performing the search? Which acts of labor are permitted on the night of bedikas chametz before searching begins? Which places must be searched? Can a flashlight be used for searching? These, and other related issues, are discussed in the present article. This week's Q & A addresses eating chametz on Shabbos after Pesach in Eretz Yisrael. Laws of the Search for Chametz In the last two articles, we began to discuss the halachos of bedikas chametz: the yearly search for chametz which is conducted on the night before Pesach. In the first article of the series, we outlined the laws pertaining to somebody who leaves his home before Pesach, and won't be coming back (or might not make it back) in time for bedikas chametz on the fourteenth of Nissan. In last week's article, we began to discuss the principles and the laws of the actual search for chametz, focusing on the question of what it is we must search for, and dwelling on the berachah that is recited before the bedikah begins. This article will continue to delineate the laws of the bedikah, and will deal with a number of important points. What is the correct time for performing the search? Which acts of labor are permitted on the night of bedikas chametz before searching begins? Which places must be searched? Can a flashlight be used for searching? These questions, and other related issues, are discussed below. Where Must One Search? The basic principle is that one must search for chametz in any place where chametz is brought during the year. Therefore, the kitchen and the dining room, where meals are Dear Reader! As in previous weeks, this week's article discusses one of the "technical" aspects of Pesach halachic on the one hand, yet "technical on the other the laws of searching for chametz on the night before Pesach. The "technical" aspects of Pesach are, indeed, far from being few. From the physical demands of cleaning (to be honest, only partially halachic), to the search for chametz its subsequent burning, preparations for Seder Night, and the logistics of fitting in numerous family engagements in just a number of days it all amounts to rather a lot! Among all the technicalities, we must be wary of missing out on the ikar on the crux of Pesach. "We were slaves to Pharaoh in Egypt." What wondrous content is latent in these few words, and in the end of the statement: "But

2 2 Hashem took us out from there"! We were slaves of Pharaoh in Egypt. We were slaves of the natural world that Egypt represents, of a worldly existence that denies any Divine revelation. We were slaves of the king who could arrogantly declare: "I do not know Hashem." And if Hashem would not have redeemed us, they we would be there even today. We cannot know what would have been the fate of ancient Egypt had Hashem not brought the Ten Plagues upon them. But whatever would have become of the Egyptians, without Divine intervention we would still be there still slaves of the natural, earthly existence that so many continue to worship. The only way out was by Divine intervention: "But Hashem took us out from there, with a strong hand, and with an outstretched arm." It was this Divine intervention that revealed the concept of Divine providence to a darkened world. With this revelation we were redeemed; with this revelation we were given our national existence; and with this revelation we were granted our national purpose: To continue on the great revelation to draw the revealed providence eaten, must of course be searched. Additionally, other rooms into which chametz is sometimes brought must be searched, including storage areas since people may enter them in the course of their meal and carry chametz with them. Kitchen closets must in principle be checked. However, Rav Shlomo Kluger (cited in Otzar Ha-Halachos Vol. 1, 433, note 163) writes that if they are thoroughly checked before Pesach, they needn t be re-checked at the time of bedikas chametz. This applies to closets that have been converted for use during Pesach. Clothing closets that are not generally used during the course of a meal need not be searched. However, if there are children in the house, closets and drawers must be searched, because the children may have opened them while handling chametz, or may have even hidden chametz in them. Closets that are too high for children to reach need not be searched unless people take things from them during the meal. The same principles apply to book shelves, cabinets, and so on: Locations into which chametz might have been brought require searching, whereas those into which chametz is not taken, and which can't be reached by young children, are exempt. A person must also search cars and carrying bags in which he sometimes puts food. Pockets in clothing that has not been laundered must be checked. However, one who does not have a home (e.g. he left his home before 14 of Nissan) does not recite the beracha if searching only his car or his pockets, for the blessing was enacted specifically for searching a house (Kaf Ha-Chaim 433:91). A hotel room in which a person is staying must be searched as one's own house (it is considered as a room that the person is renting from the hotel). The obligation to search the stairwell of an apartment building or condominium, which is jointly owned by all of the building s owners of individual apartments, is incumbent on all owners. In order to avoid redundancy, responsibility for searching each area should be assigned to a specific individual. Open yards need not generally be searched, because of the assumption that animals ate any chametz that was there. Where there is room to doubt this (such as where there are alcoves in the yard) or where one knows that chametz was present on the night of the fourteenth of Nissan, the yard must be searched (see Mishna Berura 433:27, citing from the Mekor Chaim). Ownerless public domains need not be searched (Shulchan Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at

3 Aruch 445:3; Mishnah Berura 18). The Time to Search The deadline for removing chametz from one's possession is chatzot (the midpoint between sunrise and sunset) of the day of the fourteenth of Nissan. The natural time for searching for chametz would thus appear to be the morning of the fourteenth of Nissan. However, the Sages enacted that the search for chametz should be carried out at nightfall of the fourteenth. One reason for this is because during the day people are busy with their affairs, and if a person would wait until daytime on the fourteenth he is liable to forget about it altogether. Furthermore, candlelight is especially effective for searching in cracks and crevices, and the search by candlelight requires the dark backdrop of night, for during the day candles do not illuminate well (see Shulchan Aruch Ha-Rav 431:5). Because the mitzvah of davening Maariv is a daily mitzvah, it takes precedence over the mitzvah of searching for chametz, and one should therefore daven Maariv first, and then proceed quickly to search for chametz (Mishnah Berurah 431:8). A person who is accustomed to davening later in the evening should search for chametz at nightfall, and then pray at his usual time. Activities before Searching The Sages prohibited starting work or beginning a meal starting half an hour before the time of bedikas chametz, because they feared that a person might become caught up in these activities and forget to search for chametz. It is permitted, however, to snack on fruit or vegetables, or to perform light work that can be finished quickly. Once the time for bedikas chametz arrives, it is unfitting to start any sort of work, or to eat fruit, even as a quick snack, for this might impede the fulfillment of the mitzvah at its proper time (Bi'ur Halacha 431). A person should not even begin studying Torah once the time for bedikas chametz has arrived. Some rule that when a person began a Torah study session beforehand, he may continue studying but many authorities rule that it is best to stop studying at nightfall, in order to fulfill the mitzvah of bedikas chametz at its proper time (Mishnah Berurah 431:11; Kaf Ha-Chaim 23). of Hashem into the entire course of history. Chazal state that without the merit of mitzvos, we could not be redeemed. Seeing that the nation was bereft of mitzvos, Hashem gave us the blood of milah, and the blood of the Korban Pesach, in order that their merit should enable our redemption. Beyond the specific redemption from Egypt, the role of Israel in the redemptive process in the process of bringing the world to its destiny, and fulfilling the Divine intention in its creation was inaugurated. Throughout the ages, the revelation of Hashem in the world is contingent on our own deeds, on our upkeep of the Torah. These are the principles that underlie the technicalities of the festival; these are the basic concepts that Pesach bids us to hand down to the next generation. On the one hand, our focus is on the Divine direction that is forever with us; on the other, we internalize our own role in revealing this direction, our role in partnering Hashem in leading the world to its destiny. May we speedily reach the long-awaited revelation: "As the days of your coming forth from Egypt, I shall show you wonders." Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at 3

4 Assistants in Searching The obligation to search for chametz falls primarily upon the father of the household. However, the Rosh (Pesachim 1:10; Responsa no. 14) writes that if the head of the household cannot personally search all areas of the house, he may have others assist him. The Shulchan Aruch (Orach Chaim 432:2) rules accordingly. Those who assist in searching the house should preferably hear the berachah from the head of the household, and should have in mind to fulfill their obligation to make a berachah through his recitation. In principle, we find (Pesachim 4b) that even women and children may be entrusted with the task of searching for chametz, and the Rambam rules accordingly (Chametz and Matzah 2:17). Although the Yerushalmi implies that women may not perform the search, Tosafos (Pesachim 4b) and most Rishonim maintain that they may. Based on the a stringent opinion (Kolbo 74), some authorities write that women should preferably not perform the search (Magen Avraham, end of 437; Mishnah Berurah, 437:18), but are trusted bedieved. In contrast, the Vilna Gaon (436:2) and the Peri Chadash (437) permit women to search even lechatchila, and the Aruch Ha-Shulchan (437:7) actually writes that women nowadays are more meticulous in searching than are men. Searching by Candlelight As noted above, the Sages enacted that a person should search by candlelight, deriving this from the biblical expression ner (Pesachim 7b). One may not search by means of a candle with two or more separate wicks, the main reason being that the large flame will cause the searcher to worry about burning something, and as a result he will not be able to concentrate on the search. A person may not even search by the light of an oil lamp, because the fear of spilling oil will prevent him from maneuvering the lamp into narrow spaces to get a good look into cracks and crevices. 4 People, therefore, prefer wax candles, because they do not drip excessively (Shulchan Aruch and Mishnah Berurah 433:2). Based on the foregoing rationales, it appears that the best means for searching today is by flashlight. Just as somebody checking with an oil lamp is concerned about spilling oil, so somebody searching by candlelight is afraid, at least to some degree, of dripping wax, and a flashlight alleviates this concern. Furthermore, the light of a flashlight is stronger and more focused than that of a candle, and enables efficient searching in nooks and crevices. Yet, based on the extrapolation of the Gemara (from the word ner), some prefer to search with an actual (wax) candle. However, a flashlight can be considered a kind of candle, for the filament is like the flame and the battery is like the oil (Shearim Mitzuyanim BeHalachah 111:4). A common custom is to begin the search by candlelight, but to use a flashlight in places where a flashlight is more effective (such as under a bed). The Procedure for Bittul After the search, one must renounce all chametz that one did not see. This is done preferably in Aramaic, but one who does not understand Aramaic should recite the bittul in a language (Magen Avraham and Be'er Heiteiv 5) that he understands since it is of utmost importance that one understands the text of the bittul. The bittul is recited once again on the day of Erev Pesach, this time including even known chametz. The primary bittul is performed at night, but we repeat it in the day because we still eat chametz in the interim, and only when we finish may we renounce even the chametz of which we are aware (Tur, citing from the Rosh). One should not declare the daytime bittul until after one burns the chametz, so that one burns chametz that he actually owns (based on the view that the mitzvah requires specifically burning of the chametz, as found in Pesachim 12b). We take this opportunity to wish all our readers a Chag Kasher Ve-Same'ach! Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at

5 c Halachic Responsa d to Questions that have been asked on our website dinonline.org Question: Is one allowed to eat or drink chametz this year on Shabbos parashas Shmini, in Eretz Yisrael? If yes what is the reason, since the rav never made a kinyan with the non-jew to buy back the chametz? Answer: Some write that for this year eating/drinking chametz on Shabbos Shemini is problematic. One reason for this is that as you mention, no kinyan from the non-jew can be made on Shabbos. The kinyan back from the non-jew is only made after Shabbos, and therefore one must wait for motza ei shabbos before eating chametz. Another possible reason for this is on account of the prohibition of muktzeh. The chametz is muktzeh on bein ha-shmashos as Shabbos comes in, and therefore possibly remains muktzeh for the duration of Pesach. However, some are lenient on both counts: for the non-jew s chametz, because a clause in inserted into the contract with the non-jew that permits eating the chametz, and for muktzeh because of the principle that muktzeh on account of the previous day s prohibition does not extend into Shabbos (see Yecheveh Da'as 2:64, and see also sources below). There is therefore room for leniency in this matter. There is certainly no problem in eating kitniyos products that were kept at home during Pesach. Sources: Tosafos and the Rosh in Pesachim (4) write that the principle whereby something muktzeh at the beginning of Shabbos is muktzeh for the entire Shabbos does not apply to a prohibited item whose prohibition expires on Friday. However, the Peri Megadim rules that this leniency does not apply to something that is a Torah prohibition (Orach Chaim 498:M.Z. 2, and Intro. Yom Tov 19), and this is ruled by several poskim. Shut Maharash Engel (4:92) cites this ruling, and explains that it is therefore forbidden (on account of muktzeh) to eat chametz on Shabbos after Pesach, citing this ruling from Rabbi Akiva Eiger (Shut 5; there is room to dispute this understanding of R. Akiva Eiger). This is ruled le-maaseeh by Rav Tukachinsky in his Luach. However, I Rav Ovadyah Yosef (Yecheveh Daas 2:64) cites many authorities who are lenient concerning this matter, in particular because the chametz has been sold to a non-jew, and there is no prohibition of muktzeh on a non-jew s chametz. A reader (R' Yehoshua) pointed out that a lenient ruling is stated by the Peri Megadim himself in his "Seder Hanhagos Ha-Shoel im Ha-Nishal Be-Issur Ve-Heter" (Seder Rishon, Se'if 21). Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at 5