Pesach A Halachic Guide

Transcription

1 Pesach A Halachic Guide Prepared For: Ner Le Elef Rabbi G. Moskovitz

2 Introduction TABLE OF CONTENTS Pesach; A Special Time of Year... 5 A Yom Tov Full of Mitzvos... 6 The Stress... 7 Chapter 1: PESACH CLEANING... Avoiding the Ownership of Chometz... 8 Avoiding the Eating of any Traces of Chometz Chapter 2: KASHERING YOUR KITCHEN & UTENSILS An Introduction To Some Concepts In Kashering: K bulo Kach Pulto: Hagalah Libun Miluy V Iruy Even M lubin How It Is Generally Used Rov Tashmisho Different Materials & Their Rules A Quick Guide to Kashering For Pesach Chapter 3: DEFINING CHOMETZ (What needs a Hechsher) Classic Chometz Inedible Chometz Products Kitniyus Chapter 4: MATZAH Biblical Commandment The Ingredients

3 Shmura vs. Non-shmura Chapter 5: BEDIKA, BITTUL & BIUR The Mitzvah: Where? When? How? After the Bedika The Biur: One Who Is Leaving His Home Before Pesach Selling Property To Absolve Oneself of the Need For Bedika Finding Chometz On Pesach Touching Chometz on Pesach Chapter 6: EREV PESACH THAT FALLS ON SHABBOS The Bedika The Biur Eating Bread at the Shabbos Meals & Cleaning Up Sholosh Se udos Chapter 7: SELLING CHOMETZ A Real Transaction Making the Rav One s Agent The Kinyan How to Affect the Sale Chapter 8: ADDITIONAL HALACHOS FOR EREV PESACH Fast of the Firstborn Not Doing Melocha What Can You Eat?

4 97 Chapter 9: PRACTICAL SEDER GUIDE Focus On Children Aristocracy and Heseba The Four Cups of Wine The Seder Plate & The Matzos Urchatz/Karpas Yachatz Maggid Ruchtza/Motzei Matzah Marror Koreich Shulchan Orech Tzafun Boraich Hallel Nirtza Chapter 10: SHIURIM Introduction The Sources of Confusion Resolving the Issues Grams and Ounces Time Limits Chapter 11: CHOMETZ AFTER PESACH... The Prohibition Jewish Stores

5 Introduction Pesach; A Special Time of Year Pesach. Just the very mention of the word conjures up a variety of thoughts and feelings. For many it brings back fond memories of previous years and their Seders. For the robust Pesach cleaner the mention of Pesach brings on awe and strikes fear into their heart because they know that Pesach cleaning is never more than a year away. In truth, Pesach is much bigger than just a collection of warm memories or a time for spring-cleaning. The Yom Tov of Pesach and the relatively short time period of the year that it occupies ironically enough transcend time. On its most simple level, Pesach is beyond time in its call upon us to look to our past and break through to the future. Pesach beckons to the Jewish Nation as a whole and to the individual members who identify with that body, to look to the redemption of the past and bring it with us into yet another year. This is a very special time of year. At its very essence, Pesach is a Yom Tov of freedom and the resulting birth of a very unique nation. Over 3,300 years ago Hashem brought us out of bondage through a series of miracles that decimated the superpower of that era, Egypt. The miracles were unlike anything that was seen in the past. Nature broke down and the untold suffering of the Jewish people over many years was now being repaid in kind upon their torturers. Those very same miracles, however, had an even more important role. The supernatural change in the course of nature brought on the recognition that Hashem truly does run the world. Those who witnessed those miracles understood that G-d is Omnipotent and that He is intimately involved in the course of this world and the individuals who inhabit it. As a nation we learned to put our trust in G-d. We put the blood of the Paschal lamb on our doorposts and saw Hashem as our Protector. With this newfound recognition of Hashem s personal involvement in our Nation s destiny and our individual lives, we broke through the bonds of enslavement. 5

6 The walls of Egypt crumbled about us and we emerged as a unique Nation to carry the banner of G-d s Will. The commentators throughout the ages have seen Pesach as a message of freedom. This is known as the time of year when we can break through our own barriers. The shackles that hold us back and bind us to the forces of inertia become loosened during this time of year. Pesach calls to us and says, Become great! Hashem lifts us to heights that are our natural states even if we are not yet there. The inspiration of the Seder and the holiday as a whole call to us to drop our bonds be they real or perceived and to reach a potential that we did not even know existed. This time of year is full of those original energies that allowed for that first breakthrough to freedom and the creation of something bigger. We can take hold of that spirit and break down our walls of Egypt and transcend the boundaries that hold us back. We too can make our own unique contributions to ourselves, to the Jewish people, and to the world at large. Pesach the Yom Tov of freedom, indeed! A Yom Tov Full of Mitzvos Pesach also has the distinction (no doubt due in a large part to its timeless message) of being a Yom Tov full of Mitzvahs. When the Bais HaMikdash stood there were tens of commandments that centered around the special offerings of the day especially the Paschal lamb. Although we no longer have the Bais HaMikdash in our midst, we do continue to have many Mitzvahs that still apply 1. The Mitzvahs lend a special character to this time of year; from the need to destroy every last vestige of Chometz to the requirement to eat the special bread called Matzah, we see that this night (and the days that follow) are different than all other nights. מצוות עשה and 3 לאוים five מצוות דאורייתא, eight brings (ריש הל' חמ ומצה ( Rambam 1 The Before Pesach: 1. To get rid of Chometz - תשביתו (POSITIVE) 2. Not to eat Chometz from midday of the 14th. (NEGATIVE) On Pesach: 3. Not to eat Chometz (NEGATIVE) 4. Not to eat a mixture containing Chometz (NEGATIVE) (NEGATIVE) בל יראה.5 (NEGATIVE) בל ימצא.6 7. To eat Matzah on the 1st night (POSITIVE) (POSITIVE) ספור יציאת מצרים.8 6

7 Those Mitzvahs and their relevant Halachos are the basic subject of this work. The Stress Due to its many Mitzvahs and more specifically the ones that require us to clear our house of all Chometz, Pesach often induces a feeling of stress in those who seek to wholeheartedly fulfill its directives. However, a thorough understanding of the laws of Pesach would to a great deal serve to alleviate that stress if not obliterate it altogether. The point of this work is to serve as a thorough and yet concise guide to the observance of the Yom Tov of Pesach. As with any written work on Halacha, it is not meant to obviate the need for a reliable Posek. Rather, it is meant to enlighten the reader to the issues at hand so that he or she can know that which even needs to be asked. It is the author s sincere wish that the reader finds this work helpful and that it alleviates unnecessary stress allowing for a focus on the beauty and spirit that permeates this time of year. - CHAG KOSHER V SOMEYACH 7

8 Chapter 1: PESACH CLEANING Preparation for Pesach involves many different aspects, from cleaning, and Kashering to shopping and cooking. Many of these forms of preparation fall on the head of the woman of the home and in effect make her job daunting, if not downright overwhelming. However, a thorough understanding of what is really required to make one s home ready for Pesach would allow such women (and whomever else the job of cleaning falls upon) some piece of mind. Pesach is to be enjoyed and looked forward to, and not to be dreaded. With that in mind, let us examine what Pesach cleaning is truly meant to accomplish. Cleaning done in advance of Pesach, can be broken down into two separate forms of preparation. Avoiding the ownership of Chometz Avoiding the eating of any traces of Chometz We will address each point separately. Avoiding the Ownership of Chometz This first type of Pesach cleaning is a form of preparation for the Bedika. (The Bedika is discussed in chapter 5 below). By cleaning in advance of the Bedika, one thereby lightens the load and allows for a proper search. 2 It is by no means a requirement, as far as Halacha is concerned, to engage in spring-cleaning in the weeks before Pesach. 3 There is no need to scrub every inch of one s home in the off chance that there is a crumb of Chometz hiding in the light fixture. 2 The Mordechai in P sachim (#536) brings the idea to sweep at some point before the advent of the night of the Bedika (i.e. the night of the 14 th of Nissan), so as to allow for a proper and thorough Bedika. The R ma brings this down in OC 433:11. Although a simple sweeping may have sufficed in earlier times, today our houses are much larger and packed with more items. Understandably therefore our situation requires somewhat more effort. 3 Cleaning and making the house beautiful in preparation for the Seder, on the other hand, is meritorious. The more palace-like one s house is made to be on the night of the Seder, the better. (See below section entitled Aristocracy and Heseba on page #69). 8

9 Crumbs? 4 What then is one cleaning? In any place other than where one will eat or prepare food, the cleaning is ultimately a pre-bedika of sorts, and its purpose is to rid one s home of significant pieces of Chometz. Pesach cleaning is generally not the search for and destruction of crumbs. Rather, one is looking for pieces of Chometz that are the size of a K zayis 5 or more. It is not uncommon to find significant food remnants among one s children s toys and belongings. These and similar finds is what this aspect of Pesach cleaning is ultimately all about. Crumbs, on the other hand, are only a problem if they are clean and edible and there is a K zayis worth of them in one container. Some Poskim hold that 4 BACKGROUND: To understand this small but important section, it pays to give a little background based on a sugya (Talmudic subsection), which on the surface seems to have little relevance to the modern kitchen, but in truth is the heart of the issue: GEMORA: The Gemora in P sachim (45a-b) discusses little bits of dough which one keeps in his kneading bowl to fill up the cracks. After much discussion, the ruling of the Gemora is that we differentiate between the size of the piece of Chometz: When the Chometz is larger that a K zayis, it needs to be destroyed. When the Chometz is less than the size of a K zayis, then it needs to be destroyed unless it is serving a function in the bowl (i.e. filling a crack). When it fills a function, a small piece of Chometz is no longer viewed as food. A large piece, on the other hand retains its food status due to its size, even though it is serving a function. The Gemora (as understood by the Mechaber in Kesef Mishna to Hilchos Chometz U Matzah 2:15) then goes on to note, that even if little bits of dough serve a function in one s home (e.g. they fill cracks in one s baseboard), they must nevertheless be destroyed notwithstanding the fact that they are less than a K zayis in size. Based on the above, it would seem that unless one has tiny bits of Chometz that he is using in an arts and crafts project (i.e. that serve a function), he would indeed need to dispose of them before Pesach. RISHONIM: However, there are two important caveats added by the Rishonim that basically make the idea of searching out Chometz crumbs unnecessary. Firstly there is the opinion of Rashi (ad. loc.) who learns that the idea of small pieces of Chometz needing to serve a function or else needing to be destroyed, is only when there is a total of a K zayis within the Kli. That is, small pieces are only problematic (and need to serve some function) when altogether there is a K zayis of them in one Kli (or if they are on the floor and may be swept together). This is known as Tziruf Kli the combining effect of a utensil. The second important caveat is given by the Yeraim (#105). The Yeraim says that the Gemora was specifically referring to crumbs that are edible. Once the crumbs are dirty, then once again one no longer relates to them as food, but rather as dirt. Based on this, once the crumbs (i.e. anything less than an olive s size of Chometz) are dirty and not viewed as food, there is no need to get rid of them for Pesach. Furthermore, even if they are edible (e.g. they are sitting at the bottom of the cookie jar), then they only serve a problem if they are in one Kli or likely will end up in one Kli (i.e. will be swept together). In today s day and age, crumbs on the floor are dirt. THE POSKIM: The Mechaber (OC 442:1) brings the need for Tziruf Kli for pieces less than a K zayis in size. (And if they serve a function, then even Tziruf Kli would not pose a problem). The MB (33) seems to support the idea of Tziruf Kli as well, but he notes that there are dissenting opinions. The Mechaber himself seems to contradict himself later in that Simin (442:8) and implies that even without Tzruf Kli small pieces need Biur. But, nevertheless, as the Mishna Brura notes, everyone agrees that once the pieces are a little dirty they need not be destroyed. 5 I.e. an olive s volume. A K zayis is not necessarily the size of a modern day olive. There are different measurements given to what exactly a K zayis amounts to see Chapter 10: SHIURIM. However, the lower extreme of the opinions as to a K zayis volume is indeed a modern day olive, and that being the case, one should seek to rid his home of such size pieces of Chometz. 9

10 if the crumbs were perfectly edible then they would pose a problem even if there were less than a K zayis of them in the container. However, everyone agrees that once the crumbs have become even a little bit dirty, that they need not be disposed of before Pesach. Thus an olive s worth of edible crumbs in the bottom of one s breadbasket or cookie jar would indeed pose a problem, and according to the more stringent approach mentioned earlier, even less than a K zayis would need to be discarded before Pesach. Typically though, especially in Western more affluent cultures, crumbs are seen as dirt. Sefarim Furthermore, crumbs in one s Sefarim (books) should ostensibly not concern us, insofar as we would not relate to such crumbs as food. This is indeed how Rav Moshe rules. It should be noted, though, that even Rav Moshe agrees that such books must not be placed on one s table over Pesach. This is due to the fear that the crumbs may get into one s food and thereby render the food Chometz (and thus forbidden to eat). That is, the cut off point for the definition of food with regard to the prohibition of eating Chometz is more stringent than with regard to ownership alone. It should be noted that the Chazon Ish z tl was known to rule that one s books indeed need to be cleaned from crumbs. It would seem that he was of the opinion that such crumbs were indeed viewed as perfectly edible food. 6 Leaving Something Over If one has indeed thoroughly washed down every nook and cranny of his or her home before Pesach, it can be argued that they have obviated the need for a Bedika on the night of the 14th of Nissan. Insofar as the Bedika is a search for possible Chometz, if one has previously cleaned his house so thoroughly that he knows that there is no Chometz extant, it would stand to reason that he has in effect removed himself from the obligation to do a Bedika. Therefore, some Poskim suggest that one leave one small area that has not been cleaned so that there will be no problem in making the Brocha on the Bedika. 7 Therefore, it is advisable to leave a drawer or radiator or the 6 There may indeed be no Machlokes (argument) in that the Chazon Ish z tl seems to have been addressing a different societal norm. The society in which he lived would have no qualms about eating a crumb stuck inbetween the pages of one s sefer, while Rav Moshe was coming from a different society and its norms. 7 Although there is a requirement to use a candle to have fulfilled one s obligation for Bedika, and in Pesach cleaning no candle is used, nevertheless Rav Elyashiv holds that thorough cleaning may very well be enough. The need for a candle is so that you get into every small area to see if indeed some olive s worth of edible Chometz is hiding there. However, once you have scrubbed it down with soap or the like, it is no longer edible and thus there would be no need to check that area at all. In general, the notion of fulfilling one s need to do a Bedika before the night of the 14 th of Nissan, seems to be a Machlokes Achronim. The Taz in the beginning of OC 433 holds that an early Bedika is useless, while 10

11 like 8 un-cleaned and un-inspected so that there is no question as to one s ability to make the Brocha over the Bedika. Avoiding the Eating of any Traces of Chometz The second type of Pesach cleaning involves making one s kitchen and dining areas, kosher for Pesach. This type of cleaning is more extreme, and is where the scrubbing and Kashering come into play. This latter type of cleaning is largely the subject of the next chapter, and is dealt with at more length there. The basic idea, though, is that when it comes to the food that we eat over Pesach, we must be extremely careful that it does not contain even a tiny vestige of Chometz. The ideas of Bittul, or nullification of minute amounts, as they apply to non-kosher food throughout the year are not used as freely with regard to Chometz and Pesach. On Pesach we do not assume that minute amounts of Chometz that end up in our Pesach food are insignificant, and they can indeed forbid such food for consumption. As mentioned, here the idea that it is just a little dirty crumb will not help us. That idea allows us to view the crumbs as dirt with regard to ownership over Pesach, but it does not allow us to go and eat such Chometz. 9 Therefore, when it comes to the items in our homes that will come into contact with our food over (or before) Pesach, we must be careful. Clothing that will be worn over Pesach, should not have crumbs on them lest they end up in one s soup or the like. One should therefore put one s clothing through a wash, or dry clean them, or at least wipe them down with a damp cloth with some detergent. One must be careful not to bring books, toys, computers and the like over which one ate Chometz through the course of the year to one s table or counter top. Dining room and kitchen chairs and tables, must be scrubbed down. Tables and counters must be cleaned and covered with a waterproof cover. (Some counter tops and tables may be Kashered and would not need to be covered depending on their material composition see next the Magen Avrohom there argues. The Magen Avrohom in #20 brings the Trumas Hadeshen, who rules that so long as one thoroughly checked every nook and cranny with a direct light source he has fulfilled his need to do a Bedika, even though he did so before the night of the 14 th of Nissan. The only caveat is that one leave over one place to check to fulfill the Ikkur Takanas M drabanan (standard rabbinic enactment) of checking on the night of the 14 th. (See, however, Sha ar HaTzion #56). 8 Some nook or cranny 9 Until the Chometz reaches the point of being unfit for a dog s consumption it retains its status as Chometz (or Se or to be more exact) and can therefore forbid food into which it falls. See OC 442:3 and MB #16. 11

12 chapter. Generally, what is done is that the counter is both Kashered by pouring boiling water over it, and then covered). The underside of one s cabinets where the steam of pots hit should be covered. The same goes for the hood above one s stove. In both of these cases one should tape some aluminum foil or plastic to the underside of the cabinet or hood. The refrigerator must be washed down and the shelves should be covered. 10 The sides of the walls and door though need not be covered. The food pantry must be washed down as well, and the shelves should preferably be covered. The kitchen and dining room floor should be washed down with water and a cleaning detergent. (Extreme scrubbing is unnecessary). Ovens and sinks, must be Kashered as per the coming Chapter. Dishes, cutlery, microwaves, small appliances and the like must be Kashered (when possible) or cleaned and put away 11. See next chapter. If one has reason to believe that Chometz indeed fell into one s Pesach food, on or before Pesach, a competent Rav should be consulted. 10 If the shelves in one s refrigerator have holes for air passage, he should make holes in the cover as well so as to allow the refrigerator to work properly. 11 If one is selling their Chometz, there is in fact no need to wash the dishes and appliances that are put away. Even if one is not selling them, again the only thing one need be concerned with is that there is not an olive s worth of Chometz in any single utensil or appliance that is being put away. Scrubbing and scouring is completely unnecessary! 12

13 Chapter 2: KASHERING YOUR KITCHEN & UTENSILS An Introduction To Some Concepts In Kashering: When dishes and pots are used for Chometz foods they absorb some of the oils and the like of those foods into their material volume. Halacha views the absorptions within pots, dishes, silverware and the like in a very serious light. 12 Therefore, just as the food we buy for Pesach must be Kosher for Pesach, so too we must be careful that the pots and dishes in which that food is prepared and eaten do not themselves have any absorptions of Chometz that would pose a problem. Towards that end, many buy separate utensils for Pesach use to avoid having to worry about the problem altogether. However, even people who could afford to do that generally do not buy separate appliances and tabletops and the like and therefore the overall concept of how to Kasher, specifically for Pesach, is relevant to all. Before discussing Kashering as it applies practically, we need to discuss some basic terms and ideas. After a discussion of these concepts and some practical applications thereof, we will give a list of standard household items and the method in which they can be Kashered for Pesach. K bulo Kach Pulto: The general rule of thumb by Kashering is K bulo Kach Pulto as it goes in so it comes out! 13 That is, if an absorption of Chometz went in through the process of cooking in a liquid medium, it can come out through that same process of a liquid medium. This process is known as Hagalah 14 and will be discussed more thoroughly below. 12 The Torah (Bamidbar 31:21-23) discusses what is necessary to make a Non-Jew s Kli usable for its new Jewish owner. The Torah requires that that which absorbed through fire cannot just be cleaned but must undergo a process of fire - to recreate the circumstances through which the food went in and thereby take out any absorptions. That is, such Keilim must be Kashered. Finally, the Torah says that something used only with cold non-kosher food need only be passed in water - (Many Rishonim see these words as requiring T vila of Keilim bought from a non-jew. Other.תעבירו במים Rishonim learn that T vilas Keilim is Rabbinic. We hold it is a biblical idea and therefore a child will not be trusted to do it without adult supervision YD 120:14) 13 This idea appears in Avoda Zara (75b) among other places. It is brought L halacha in OC 452: Lit. Expunging [see Iyov 21:10 and Targum there]. 13

14 If the absorption went into the utensil without a liquid medium (but rather through fire such as by roasting) it will need a different form of Kashering that also uses direct heat, known as Libun 15. Libun too will be discussed below. When employing K bulo Kach Pulto, it must be noted that there is no need to take into account other outside factors like altitude and extreme temperatures. The focus of K bulo Kach Pulto is the process. 16 There are times, though, that we do indeed make differentiations within a process. Thus, within the process of Kashering with water (Hagalah), we make differentiations based on how far removed the heat was from the original pot (herein Kli Rishon ). 17 That is, boiling is boiling irrespective of where and how it occurred but how that liquid or food then gets absorbed into a vessel will very much depend on its current degree of separation from the cooking source. This should become more clear shortly. Hagalah As mentioned, Hagalah is the process of Kashering a Kli (a vessel) through boiling water and thereby removing its absorptions, be they Chometz or otherwise. 18 Based on the concept of K bulo Kach Pulto we will require a Kli 15 The Re uh (Bedek HaBayis 4:4) notes that unlike Hagalah where the process of Kashering takes out all of the absorbed food within the pot s walls, Libun just destroys those absorptions. Although we will often apply the term K bulo Kach Pulto to Libun as well, it is in truth a misnomer insofar as there is no Pulto (expulsion) of the absorptions just a burning of them to the extent that they are no longer food and therefore do not pose a Halachic problem. 16 Thus, a pressure cooker that cooks food through the medium of liquid will be kashered in boiling water, notwithstanding the fact that under its normal use the food within is subject to great pressure and thus cooks differently than standard boiling. 17 Based on the Rosh (P sachim Perek 2 # 7) who applies K bulo Kach Pulto to Kli Sheini and says that a vessel used in a Kli Sheini is kashered in a Kli Sheini. 18 BACKGROUND TO KASHERING: How can you Kasher a Kli with boiling hot water and not have the water itself go and put those absorptions back in the Kli straight away? In other words, how does Kashering work? The Rishonim offer different approaches; The Ri (Quoted in Toras HaBayis 4 Sha ar 4) explains that one would either need to make sure that there were 60 times water volume (or Shishim ) against the volume of the Kli, or be sure to wait until the Kli to be Kashered was a Non-Ben-Yomo i.e. 24 hours since its last hot usage (in which case Shishim would be unnecessary). When the Kli is no longer Ben-Yomo then the absorptions expelled into the water will not pose a problem in that they will be Pagum (i.e. undesirable in their taste effect) and will reenter the Kli as such. Chazal only require Kashering Keilim when the taste that enters them is not Pagum, even if it becomes Pagum a day later. That is, they were concerned that if they allowed use of the Kli once a day had passed people would come to use them before the day had passed and would in effect be eating Treif. If however the taste that entered the Kli was Pagum from the time of entry, then there was never an obligation to Kasher the Kli altogether. This is true even if one will subsequently cook sharp foods in this pot. Although we normally say that sharp food has the power to revitalize stale taste in a pot s walls, it does not have that power when the taste was never fresh to begin with. 14

15 to undergo the same level of interaction with heat to remove the absorptions as what was used to put them in. Therefore a vessel in which the food was cooked a Kli Rishon would need to likewise be Kashered in a Kli Rishon of boiling water. A Kli onto which hot food was poured (Iruy) would need to be Kashered through Iruy, while a Kli that is used by being inserted into a Kli Sheini (after the liquid has already been poured into it) requires Hagalah in a Kli Sheini. 19 Each of these is a successively lesser stage of heat and it is therefore unnecessary to employ the level of heat of a previous stage. If one indeed does Kasher a Kli Sheini in a Kli Rishon it goes without saying that the Kli is in fact Kashered. Example: Chometz pots and ladles would need to be Kashered in a Kli Rishon. A bowl into which the hot food is poured would need to be Kashered through Iruy or in a Kli Rishon (assuming the plate was made of a material that is able to be Kashered see further). Finally, a spoon used (exclusively) in a Kli Sheini need only be Kashered through being placed in a Kli Sheini. The Ramban (Quoted in the Bedek HaBayis to the above Toras HaBayis) sees the mechanics of Kashering as being very simple. He understands that the Torah views water as having the property of being able to remove taste within a pot s walls but not having the power to put those tastes back in. Based on this logic one could even Kasher a Ben-Yomo Treif pot. The Ramban even brings a Sifri which implies that Kashering must specifically be done in water. Finally, Tosfos (Chulin 108b SV Shenufal) suggest a different approach as to how Kashering works, but reject it for various reasons. Their suggestion is that so long as the water is boiling it will absorb from the pot walls but not expel those absorptions back in. However, once the water stops boiling it indeed will cause the absorptions to get reabsorbed into the Kli s walls. In the end, Tosfos much prefer the approach of the Ri quoted above and therefore say not to Kasher a Ben-Yomo Kli (unless there is Shishim in the water). However, there is one time when Tosfos do allow for Kashering a Ben-Yomo Kli in less than Shishim, namely when Kashering for Pesach before the time when Chometz is forbidden. In such a case one would be able to Kasher even a Ben-Yomo because the re-absorption is Nat Bar Nat of Heter (a subject beyond the scope of this work). The Mechaber (452:1) says that Hagalah for Pesach should be done before the Z man Issur begins on the afternoon of the 14 th of Nissan. That way there is no need to take into account all sorts of various concerns of the Keilim reabsorbing things from the Hagalah water and from one another. A simple reading of this Mechaber seems to imply that he understands the mechanics of Hagalah to be like the rejected first approach of Tosfos, i.e. an issue of there being a certain time over which the Kli expels but will not absorb. The Biur Halacha however explains that the Mechaber agrees with the conclusion of Tosfos and only threw in these concerns for those few Rishonim who do in fact stick with the first proposed explanation of Tosfos. L mysa the Mishna Brurah says to be Machmir even before the Z man Issur Chometz that the Kli not be a Ben-Yomo. The Minhag is to try and avoid the other concerns mentioned in the Mechaber as well. 19 O.C. 451:5 15

16 The following is a description of how that Kashering is actually done: General Rules of Hagalah: Water Only boiling water should be used. Other boiling liquids are only good B dieved 20 (if possible one should re-kasher with water). [R ma 452:5] Furthermore, once the water becomes thick it no longer works. (That is not something that generally happens though). Only Clean Utensils All food residue and rust must be removed before Hagalah is done for the Hagalah to be effective. Stains/discolorations in the pot, from years of cooking, do not pose a problem to the efficacy of Hagalah. [OC 451:3] Non-Ben-Yomo The Minhag is to avoid Kashering anything that is Ben- Yomo 21 even if the water is 60 times the volume of that item. [R ma 452:2 and MB 20] If one needs to Kasher a Ben-Yomo utensil, he should be in contact with a Rav. Not Touching Make sure you do not Kasher many Keilim together in a way that they will be touching. [OC 452:3] Kashering Piecemeal One may Kasher Keilim one part at a time. There is no need to Kasher the entire thing at once, although that is preferable when possible. [OC 451:11] Post Rinse The Minhag is to rinse the Kli (when possible) right after the Hagalah. [OC 452:7] If a post rinse was not done the Kashering is valid. Quick Guide: Thus, In general we do Hagalah by waiting until the Kli is no longer Ben Yomo. We wait until the water is boiling then insert the Kli and then leave it in until the water boils again. The Kli is then removed and rinsed. The Kashering Kli needs to be Kashered before and after when Kashering for Pesach, as below. Pesach Additions: When Kashering for Pesach there are a few more points to keep in mind; 20 Translation: B dieved After the fact 21 Translation: Ben-Yomo Used within the last 24 hours 16

17 The Kashering pot must be a Non Ben-Yomo AND must be Kashered itself beforehand. 22 It must be Kashered afterwards as well if one plans to use it for Pesach. (How does one Kasher such a large pot? Boil up water in it and throw in a very hot piece of metal to cause the water to overflow the rim.) The Kli should not be left in the water until the water cools. In fact, it should preferably be removed within half a minute. We try to avoid Kashering big Keilim with a large amount of absorptions together with smaller Keilim with much less absorptions. One should Kasher them one after the other i.e. not concurrently. Libun When a Kli absorbs through direct heat, without a liquid medium, such as a baking pan in which the Chometz bakes without a significant liquid medium, then the Kashering mechanism is not Hagalah but rather through the application of direct heat. However, there are times when even that which was absorbed through direct heat can be expunged through the process of Hagalah. This is when the absorption was that of Heter. This is known as Hetera Bula and is explained in the footnote below. 23 How it is Done: The amount of heat that would be required to affect Libun is a Machlokes Rishonim. 24 We rule that Libun is accomplished when sparks fly off i.e. 22 OC 452 Sha ar Hatzion (15) 23 HETERA BULA VS ISSURA BULA: The G morah (Avoda Zara 76a) makes a distinction between different types of absorptions that one is attempting to remove through Kashering. In the case of absorptions that entered the Kli as a permitted substance (Hetera Bula) Libun would never be required but rather Hagalah would always suffice. Thus, for example, a roaster in which meat was roasted would technically only need Hagalah if one wanted to use the roaster for dairy. [The Minhag though is not to Kasher from dairy to meat use or visa versa except under certain specific circumstances. See footnote #27]. This is due to the fact that the absorption of meat into the pot was not one of Issur. If on the other hand the absorptions started as Issur, such as a roaster in which non-kosher meat was roasted, then Libun would indeed be required. 24 The G morah in Avoda Zara (76a) states that Libun is accomplished when the metal becomes so hot that the outer layer falls off. The Yerushalmi (end of Avoda Zara) however requires a lesser degree of intensity and states that Libun is accomplished when sparks fly off. Finally the Haguos Maymonus (Hilchos Chometz UMatzah Ch 17 #5) brings an opinion that Libun is accomplished when a straw placed on the outside of the item being Kashered will singe. 17

18 when the metal glows. 25 There is a more lenient opinion as to what defines accomplishing Libun i.e. that straw placed on the outside of the Kli would burn. We, however, would only rely on this lighter Libun (Libun Kal) under very specific circumstances such as when the Libun itself is a Chumrah (i.e. stringency). 26 Furthermore we rely on it when we are dealing with absorptions of food that are in fact Heter (i.e. permitted substances see footnote and following section). 27 Chometz: Hetera or Issura? The Rishonim disagree as to whether Chometz is viewed as Issur or Heter and thus whether it would need to be removed through Libun or if Hagalah would suffice (notwithstanding that the Chometz entered the pot through direct heat). 28 The Poskim generally rule stringently on this issue unless there are other mitigating factors. 29 Example: An oven rack on which bread was baked needs Libun. A good example of a mitigating factor is the case of frying pans that were used for Chometz (e.g. breaded fried chicken). Read on 25 OC 451:4 26 For example, a tripod or stove grate above the fire on which Chometz was cooked and upon which there were splashes of Chometz throughout the year, need only be Kashered with Libun Kal. Here Kashering altogether is a Chumrah insofar as the fear of absorptions going in to such items is low to begin with. The general assumption is that the food is burned before being absorbed. Nevertheless, when Kashering our kitchens for Pesach we go the extra mile, and therefore Kasher even these grates but since it is a Chumrah only Libun Kal need be done. (See guide at the end of this chapter for how this is in fact done). 27 Such as Kashering from Milchigs to Fleishigs when that is permitted. That is, there is a Minhag among Ashkenazim to avoid Kashering from Milchigs to Fleishigs or visa versa but there are times when the Minhag does not apply. The following is a brief list of those instances when Kashering from one type to the other would be permitted according to most Poskim: An oven When you are already Kashering the Kli for other reasons (e.g. for Pesach). You launder it by designating it as Pareve for some time The Kli has not been used for a year You bought it or received it from someone else After having done real Libun there is no problem of switching Sfardim do not seem to have this Minhag (Responsa Yabia Omer YD 3:4) 28 The Magid Mishna (Hilchos Chometz UMatzah 5:23) notes that the Rambam seems to view it as Hetera Bula. He brings many Rishonim though (including the Ramban and Rashba) who are of the opinion that insofar as Chometz is called Chometz all year round (it just so happens that it is only forbidden on Pesach), that is enough to consider it Issura Bula and thus to Kasher a Chometz roaster for Pesach, real Libun would be necessary. 29 Mishna Brurah (OC 451 #28) 18

19 Frying Pans: Libun or Hagalah? 30 A Treif frying pan must be kashered through Libun. 31 When Kashering a frying pan for Pesach use, S fardim would L chatchila rely on Hagalah, while Ashkenazim would only rely on Hagalah B dieved and should preferably do Libun Kal 32. Miluy V Iruy 30 KASHERING FRYING PANS: There is a Machlokes Rishonim if a frying pan is able to be Kashered through Hagalah or if it needs Libun. The Rosh (P sachim Perek 2 #7) holds it is Kashered through Hagalah in that it is always viewed as cooking with a liquid medium. He quotes an Avi Ezri, though, who argues and holds that since the oil dries up in spots we view it is a process of roasting in direct heat and it therefore needs Libun. The Mechaber differentiates between Kashering a Chometz frying pan for Pesach and Kashering a Treif frying pan. For Pesach Kashering he rules (OC 451:11) that all you need is Hagalah. By Kashering a Treif frying pan he rules (YD 121:4) that you need to do Libun. The R ma though says that even for Chometz one should employ Libun Kal. The G ra (YD 121 #9) explains that although the Mechaber Paskens like the Rosh he only wanted to rely on him when there was the additional idea of Hetera Bula (which according to many is how we would define Chometz absorptions as mentioned earlier). The Rama M Pano holds that Chometz is viewed as Issura Bula but nevertheless rules that by Kashering a frying pan for Pesach, Hagalah is enough. Whereas for Kashering for other Issur, one would need Libun. That is, he sees a different reason to be more lenient by Chometz than by Treifus. The exact way to understand that distinction is the subject of debate among the Achronim: o The Pri M gadim (MZ OC 451 #16) understands that when cooking Chometz in a frying pan one uses a medium of water, whereas when cooking other foods one will generally use oil. The Treifus was therefore cooked with oil, which allows the food to burn into the pot to the extent that it needs Libun. o R Akiva Eiger as well as the Shach (YD 121 #8) do not make this distinction between oil and water and therefore see the Rama M Pano s logic as being based on entirely different grounds. They explain that the issue is whether or not the Treif item entered the pan through a non-treif medium (e.g. kosher oil or water) or if there was no medium. In the case of a Non-Jew s frying pan, the oils that were used can be assumed to have been Treif and there was therefore no medium therefore the pan needs Libun. This would have important ramifications outside of a frying pan. That is, if the issue is whether or not there was a medium, then in the case of a pot that was used to boil up milk and then within 24 hours was used to heat up meat gravy we would say that the pot needs Libun! o Finally, the Chasam Sofer rules that we would never require Libun to remove absorptions of cooking (even if the cooking occurred in a liquid that was itself Issur). Rather he combines the ideas of the other Achronim and says that unless you are dealing with oil (or fat) that is itself Treif you will not need Libun for a frying pan. Most Poskim seem to go with the Chasam Sofer, however we are stringent for the plain reading of the Mechaber and would require Libun for a Treif frying pan even if the oil used to cook the Treifus was itself kosher. 31 In the case of a fleishig Non-Ben-Yomo frying pan that was used for milchigs (or visa versa), one can just do Hagalah. If the pot were Ben-Yomo from the previous use, then real Libun would be required, which may very well destroy the frying pan. 32 Libun Kal is viewed as a step above Hagalah in that there are Rishonim who learn that Libun is accomplished through what we call Libun Kal (even in the case of Issura Bula). See footnote #24 above 19

20 There is another form of Kashering based on K bulo Kach Pulto that is different than both Hagalah and Libun. When liquid sits in a Kli for over 24 hours it is viewed by Halacha as having been absorbed into the walls of the vessel. This process of absorption after 24 hours of soaking is known as K visha. Due to the fact that the process of K visha is that of cold soaking, so too the process by which one Kashers from K visha need not involve heat but can be through soaking. This process of Kashering through soaking is known as Miluy V Iruy. 33 Miluy V Iruy is accomplished by filling the utensil with water for at least 24 hours, spilling out that water and doing that filling and spilling out two more times for a total of three 24-hour soaks. The water may stay in for more than 24 hours but it will only count for one set of 24 hours until you spill it out and refill. This form of Kashering is often used for drinking glasses that were used year round and one now wants to make use of for Pesach. Whether Hagalah would work in place of Miluy V Iruy to remove cold absorptions in earthenware vessels is a Machlokes Rishonim. 34 We are lenient and thus allow absorptions that went in through soaking to be removed either with Miluy V Iruy or through Hagalah, even if those vessels are earthenware. 35 Thus, even if the above glasses were made of earthenware, they could be Kashered through either Miluy V Iruy or through Hagalah. Even M lubin There is another process by which to Kasher Even M lubin - which is use of a hot stone or piece of metal in conjunction with hot water. The hot stone heats the water to the point that it is almost as though the water is now replicating the process of a Kli Rishon itself. 36 In practice we only use an Even M lubin to Kasher those things which are generally not used in a Kli Rishon itself but rather are generally poured onto from the Kli Rishon. (The 33 The G morah in Avoda Zara (33a) rules that if a Kli absorbs Nesech wine, it may be Kashered by performing Miluy V Iruy 3 times. The G morah notes that this works even for earthenware! 34 The Ramban (Avoda Zara 33a) holds it would not, while the Sefer HaTrumah (brought in the Ran Avoda Zara 12b in the Dapei HaRif) holds it would. 35 Mechaber (OC 452:21) like the Sefer HaTrumah The Shach (YD 135 #33) questions whether the idea of filling and spilling would work for absorptions outside of Nesech wine or Chometz. In any case he says to be careful not to do it to a Ben Yomo Kli (except by Nesech wine where Ben-Yomo is a non-factor). 36 Based on Rabbeinu Yerucham (Nsiv 5 Chailek 2). 20

21 idea of focusing on the typical use of a Kli verses focusing on the fact that it was at least used once for a more extreme form of cooking will be discussed shortly). Thus, a large serving tray or counter top would definitely be able to be Kashered through an Even M lubin. 37 Example: Some people Kasher their stainless steel sinks through use of a hot iron together with hot water poured from a kettle or the like. 38 Others rely on Iruy alone. How It Is Generally Used Rov Tashmisho There is a Machlokes Rishonim as to whether the method used to Kasher an item is the process that the item NORMALLY uses in cooking 39 ( Rov Tahmisho ) or if the most stringent process 40 is the one to focus on. Do we need to take into account a stringent process even if it is not the process that this item normally employs but is rather something that is done with it only on an infrequent basis? Would a soupspoon that is occasionally used to stir food on the fire need to be Kashered in a Kli Rishon or would a Kli Sheini (which is its normal method of use) suffice? This ends up being a Machlokes between the Mechaber (OC 451:6) and the R ma and therefore the Halacha differs for Sfardim and Ashkenazim. Sfardim, following the Mechaber, go with the idea of Rov Tashmisho, and allow for Kashering a Kli based on its most frequent cooking method so long as the occasional stronger method was not done in the last 24 hours. Askenazim, like the R ma, are more stringent and require the most severe cooking form to be taken into account even if it was not done in the last 24 hours. Even Ashkenazim do not throw out this idea altogether and will use it in conjunction with other reasons to be lenient. 37 The idea of a hot stone is also applied to Kashering a Kli Rishon which is too large to fit in another Kli to be Kashered. What is done in such cases is that the water is heated within the Kli itself and then to cause the water to overflow (and thereby Kasher the rim) a hot stone is thrown in. (OC 452:6) 38 Since there are times that hot solid food is place directly on the sink s surface and according to many hot solid food is the equivalent of a Kli Rishon. 39 This is the opinion of the Ran (P sachim 8b in the Dapei HaRif sv Uval Rashi). This idea that the normal method of use would indeed suffice as the kashering process holds true even though we know it was also used in a more powerful form of heat as well. The logic is that insofar as what is being Kashered is always a Rabbinic stringency in that we are dealing with Keilim that are not Ben-Yomo s anyway, we can say that Chazal did not require you to go further than the item s normal use. 40 This is the opinion of the Haguos Ashuri (on the Rosh P sachim Perek 2 #7) 21

22 Example: Knives are generally not used to cut Chometz directly over the fire, but once in a while they are. But insofar as there are opinions that Chometz is called Hetera Bula and therefore does not need real Libun, together with the idea that a knife s typical use is not over the fire, we can be lenient. 41 Therefore even Ashkenazim will Kasher knives through Hagalah. 42 Different Materials & Their Rules Here are the rules that apply for Kashering both for Pesach and year-round use, based on the material makeup of the Kli in question. [Note: When we say that Hagalah works, we are referring to situations where the Kli s absorption occurred through the process of cooking. As for roasting, barbequing, frying or broiling, Libun is generally required as noted above]: Earthenware 43 Earthenware cannot be Kashered through Hagalah for Pesach or for year round use. Included in earthenware is porcelain and ceramic, as well. As mentioned in the above footnote, there is an opinion that Hagalah can be done on earthenware if it is done three times. Now, although we do not hold of that idea many Poskim do rely on it when coupled with other mitigating factors. One such mitigating factor is if a year s time has passed in which case 41 OC 451:3 42 For technical reasons though knives will often be unable to be Kashered through Hagalah. As noted, Hagalah will not be effective if any food residue is present. Often, the point of connection between the blade and the handle is full of residue. 43 The Torah (Vayikra 6:21) says that an earthenware Kli that absorbs Kodshim (which becomes Nosar) needs to be broken. The absorptions are so thorough that Kashering will not work. Where Kashering May Work on Earthenware: The Ba al HaIttur (Brought in the Tur YD 121), based on a Yerushalmi, holds that for a non-ben-yomo earthenware Kli, one may perform Hagalah three times and thereby Kasher the Kli. The Rashba, however, applies this idea only to absorptions of Issur M drabanan like Bishul Akum. That is, Issurei M drabanan that are novel and not just a simple extension of a D orysa. 22

23 there is an opinion that holds that no remnants of food remain, and Kashering is unnecessary. 44 Example: One who has an expensive china set that was not used in the past year, may Kasher it according to many Poskim by doing Hagalah three times. Furthermore, some Poskim allow for Kashering of enamel coated items by doing Hagalah three times, insofar as it is unclear if enamel is viewed as earthenware altogether. Finally, although the Mechaber (OC 451:1) seems to imply that an earthenware Kli Sheini may indeed be Kashered (so long as no direct Iruy was done into it), the R ma disagrees. Thus, Ashkenazim will not Kasher earthenware even if it was used exclusively as a Kli Sheini. Example: Ashkenazim will not Kasher a porcelain sink, while many Sfardim will, based on the above idea of Rov Tashmisho. That is, generally a sink is used as a Kli Sheini (if that) and may therefore be Kashered (according to Sfardim), notwithstanding the fact that at times hot Chometz food was poured directly into the sink. 45 Metal & Stone 46 Hagalah works just fine for either metal or stone. Metal includes all metals like copper, steel, stainless steel, tin, aluminum etc Based on the Sha arei Tshuvah (OC 451 #1) who brings a Chacham Tzvi who says that after a year s time has passed any absorptions in a Kli are no longer considered to be in existence. The Sha arei Tshuvah relies on this idea together with the idea of the Ba al HaIttur to Kasher earthenware that was not used for a year by doing Hagalah three times. Rav Moshe went with this Sha arei Tshuvah in situations of large losses 45 Rav Ovadia Yosef 46 Metal is the classic material mentioned in the Parsha of הכשר כלים (Bamidbar 31) that can be Kashered. As for Stone, there is a Machlokes Rishonim: The Ri (Quoted in the Ran to P sachim - 8b in the Dapei HaRif) holds that stone does not absorb and need not be Kashered. The Rif (P sachim 8b) views stone like metal and thus rules that it does indeed absorb but Kashering will work. Finally, Rav Hai Goan (Brought in the Tur OC 451) holds that stone is like earthenware and cannot be Kashered at all. 47 Sefer HaKashrus page 86 23