Tzav 5772 104 This week's article discusses the mitzvah of bedikas chametz. Does searching for chametz involve a Torah mitzvah, or a rabbinic enactment? Does one have to ensure that he possesses chametz before he begins searching for it? What is the halachah concerning checking books for crumbs? We will seek to answer these questions, and others, by elucidating the matter from its primary sources. This week's Q & A addresses the question of taking a haircut on Erev Pesach after chatzos. Bedikas Chametz: Principles and Halachos With the approaching Pesach festival, last week we opened a discussion of bedikas chametz with the laws of making an early bedikas chametz. This week's article the second of a three part series is dedicated to explaining the principles and laws of the search for chametz. Is bedikas chametz a Torah mitzvah, or a rabbinic enactment? Does one have to ensure that he possesses chametz before he begins searching for it? What is the halachah concerning checking books for crumbs? We will answer these questions, and others, by elucidating the matter from its primary sources. The Prohibition of Chametz on Pesach The Torah prohibits not only consumption of chametz on Pesach, but even keeping chametz in one's property. In addition to the negative commandment of "bal yera'eh u-bal yematzeh," the Torah obligates a person to remove all chametz from his property before Pesach: "However, on the first day you shall remove leaven from your houses" (Shemos 12:15). According to Torah law, somebody who performs bittul before Dear Reader! In this week's article we address the halachic issue of bedikas chametz, the yearly search and subsequent destruction of chametz from our homes and properties. It is remarkable to note that although the Sages enacted that we should search for chametz and clear it from our houses, this measure is not required by Torah law. According to the Torah, it is sufficient to "renounce" the chametz by means of bittul, declaring it as the "dust of the earth." Some rishonim understand that this is a form of hefker, so that by means of bittul the chametz actually departs one's property. However, according to Rashi (as understood by the Ritva, Pesachim 6b, and others), the idea of bittul is to (literally) make the chametz into earth. Rashi explains: "Destruction of the heart is considered destruction."
The process of destroying chametz in one's heart appears bizarre. Surely, the piece of bread remains precisely the same piece of bread? If it retains all its physical properties, keeping its distinctive taste and its nutritional benefit, why should it not fall under the prohibition of keeping chametz at home over Pesach? How does bittul make any difference? The halachah of bittul is perhaps a hint at the essence of the prohibition of chametz over Pesach. Rather than chametz per se, the Torah wishes to prohibit the connection of chametz to the individual. Thus, the Torah prohibits the consumption of chametz by any Jew. By the process of eating, the chametz becomes part of the person eating it. Even by keeping the chametz in a person's property, the owner of the property gains an inherent connection with the chametz. A person's domain is an extension of the person himself, and all that is present in his domain is connected with his own self. However, the connection can be broken by means of bittul. True, a piece of bread remains in the person's property. But with respect to his inner self, it is as if the chametz is dust of the earth. Connections are Pesach who annulls his chametz by verbal declaration will not transgress the prohibition of keeping chametz in his possession. Since in Torah law, bittul suffices, therefore, the Gemara (Pesachim 4b) explains, the additional obligation of bedikas chametz is only rabbinic in nature. The Sages did not want a person to rely on bittul alone, and they obligated a person to search for chametz and to actively burn (or possibly to otherwise dispose) of it. The opening Mishnah of Pesachim thus states: "On the night of the fourteenth of Nissan, one searches for chametz by candlelight." Two distinct reasons are given for this enactment. According to Tosafos, the enactment was made out of the concern that one might find a piece of chametz and eat it on Pesach. Although we find no similar measure concerning other forbidden foods, since we eat chametz throughout the year, there is a greater risk of forgetting the prohibition and eating the chametz. However, Rashi states that the reason for checking is in order to prevent one from violating the prohibition of owning chametz on Pesach. Tosafos asks that one need not check for chametz in order to avoid this prohibition since one can merely do bitul chametz-declare the chametz null and void since this declaration renders the chametz ownerless. The Ran answers that one can fulfill the Torah law, by either performing bittul or by checking for and destroying any chametz that is found. The Rabbonon, however, did not want one to rely on only one method and required everyone to perform both actions. The reason Chazal did not want a person to rely solely on bittul, is because one might not annul his chametz wholeheartedly, in which case the bittul is ineffective, so he must also check and destroy. The obligation of searching for chametz is ruled by the Shulchan Aruch (Orach Chaim 431), and the Mishnah Berurah cites both reasons mentioned above. The obligation of bedikas chametz is thus rabbinic for as far as Torah law is concerned, bittul is sufficient. However, checking for chametz nonetheless fulfills the Torah obligation of removing chametz from one's home. True, this obligation can also be fulfilled by bittul, but the Sages enacted that it should be fulfilled also by means of bedikah and bi'ur. 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org
Performing Bittul after Bedikah As noted, after properly checking for chametz, one will no longer transgress the Torah prohibition of keeping chametz over Pesach, even if one failed to find some chametz. Nonetheless, Chazal (Pesachim 6b) state that "one who checks must annul." Out of the concern that a person will find chametz at home over Pesach, and might not immediately dispose of it, the Sages enacted that a person perform bittul to apply to all unfound chametz, beyond checking for and burning his chametz. At night, after completing the search, one must annul all chametz that he did not see. It is important that one understand the text of the bittul: although the Aramaic declaration should preferably be used, if one does not understand the words one may make the declaration in any language. The declaration of bittul at night (after the search is complete) applies only to chametz that is unknown to its owner. For chametz that is known, and which will be burned the next morning, no bittul is declared, because one wishes to burn one's own chametz after bittul, the chametz is no longer one's own and the mitzvah to burn one's own chametz will not be performed. Searching for Crumbs Does one have to check only for significant pieces of bread, or is there an obligation to search even for small crumbs? This question appears to depend on the rationale for the enactment of bedikas chametz. If the rationale, as Tosafos writes, is out of concern that a person might come to eat chametz, the enactment may apply even to crumbs, to which the prohibition of eating chametz applies (though it is possible that because the full stringency of eating chametz applies only to a kezayis, the enactment may not apply to crumbs). If, however, the rationale for the enactment is based on the prohibition against keeping chametz in one's property, the enactment may not apply to crumbs for the prohibition of keeping chametz in one's property only applies tone who owns a kezayis. The Gemara (Pesachim 6b) writes that bedikas chametz contingent on the heart; as Rashi writes, "destruction of the heart is considered destruction." Clearing out the chametz from our domains is parallel to clearing out the evil from our midst. The Sages obligate us to clear out chametz in the literal sense: To search for chametz and destroy it. This is parallel to our superficial deeds: We are obligated to investigate our deeds, and to root out the evil among them. Yet, the bittul that suffices on a Torah level hints at another investigation: the investigation of the heart. With what are we connected at heart? Are we connected with chametz or with matzah? Do we seek our own glory, or the glory of Hashem? Are we focused on the physical, or the spiritual on the hishtadlus we must make, or on our faith in the direction of Hashem upon us? These are the questions that bedikah and bittul beg us ask. Let us make the most of the time to investigate the corners of our hearts, and to take a full part in the wondrous closeness to Hashem that the Pesach festival brings. Thus, may we see a speedy redemption "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 www.dinonline.org 3
does not require searching for small crumbs because they lack any importance. This suggests that we need not search for crumbs. Many poskim in fact rule that there is no obligation to check for crumbs (Shulchan Aruch Ha-Rav 446, K.A. 1; Magen Avraham 460:2; Biur Ha-Gra 1 among others; see also Shaar Ha- Zion 442:60). The Chayei Adam (119:6), however, writes that one must search for edible crumbs (not for dirty or inedible crumbs), due to the concern that he may come to eat them. This is also the opinion of the Chazon Ish (Orach Chaim 13:6, 18). In practice, many are careful to search even for crumbs (see Siddur Pesach Ke-Hilchaso 13, note 39; Bedikas Chametz U-Bi'uro 2:1) a search that can take a significant amount of time. However, for houses that have already been cleaned thoroughly, there is room to be lenient concerning a search for crumbs, provided the actual search is serious, and not merely a symbolic or casual bedikah. Note that one can sometimes find chametz in certain forgotten places, and moreover, a berachah is made over the bedikah and it must therefore be performed as a real search. 4 Checking Books Based on his above opinion, the Chazon Ish rules that one should check books that are read during the year together with food, since crumbs often fall between the pages (Orach Chaim 116:18). The Chazon Ish himself used to check books that he planned to use during Pesach, page by page, and sold his other books (that were not in use during Pesach) to a non-jew and kept them behind a partition (so that there should be no obligation to check them for chametz). However, as noted above, many authorities rule that there is no obligation to check for crumbs, and according to this opinion there is no obligation to check books. Moreover, the sefer Bedikas Chametz U-Bi'uro (2:1) writes that even those who are generally stringent and check for crumbs, do not have to be stringent concerning checking books, because any crumbs there are extremely small and insignificant. Although some are particular in this matter, the general custom is not to check books page by page. However, with regard to books one must be careful not to bring unchecked books to the table where crumbs might fall into food. If books are brought to the table, even not during a meal, the table should be carefully checked afterward to ensure that no chametz crumbs are left behind since these crumbs may fall into food etc. The Berachah on Checking Before beginning the search one recites the berachah "al bi'ur chametz," rather than "al bedikat chametz." The reason for this is that the bedikah is ultimately geared towards bi'ur (Rosh, Pesachim 7a). Alternatively, the Bach explains that the term bi'ur includes the search, too, because the word can refer to clearing something from the house. If one forgot to recite the berachah, it can be recited as long as the search has not been completed (Rema 432:1, citing from the Kol Bo). The Magen Avraham and Taz write that the berachah can be recited even after the search is completed, until one burns the chametz. The Bach, however, rules that one cannot recite the berachah after the search and, in deference to this opinion the Mishna Berurah (432:4) implies that one who has completed his search should not recite the berachah, though he writes that someone in this situation who wishes to recite the berachah at the time when he burns the chametz has authorities upon whom to rely. One may not speak in between the recitation of the berachah and the start of the search, even in matters related to the search (unless there Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org
is no choice). If one does speak about matters concerning the bedikah, a new berachah is not recited, but if one speaks after the berachah (and before beginning the search) about matters unrelated to the bedikah, a new berachah must be recited (Mishnah Berurah 432:5). After beginning the search, one may not speak about matters unrelated to the bedikah, but if one does speak a new berachah is not required. It is completely permitted, after beginning the search, to speak about matters concerning the bedikah (Mishnah Berurah 432:6). Putting out Pieces of Bread before the Search The berachah recited over bedikas chametz is also the reason for the custom of hiding small pieces of bread before the search begins. The Mordechai (beginning of Pesachim) cites the Sefer Ha-Pardes (this appears also in Machzor Vitri, beginning of Hilchos Pesach) that the berachah over the search relates to the discovery and destruction of chametz. Because of this interpretation, he rules that one should begin searching without a berachah, and recite the berachah only after finding the first piece of chametz. On this basis, poskim mention the custom of putting out pieces of chametz before the search, to ensure that some chametz will be found, and that the blessing will not be in vain. However, the berachah is recited when one begins searching and not when the first piece is found. The Beis Yosef (432) writes that the practice in his time was not to put out chametz, but the Rema writes (432:2), "The practice is to put pieces of chametz in a place where the one searching will find them, so that his berachah will not be for naught." However, the Rema continues by writing that even if pieces of bread are not laid out, the berachah is not in vain. The reason for this is that the berachah is recited over the search, with the intention of destroying any chametz that is found. The Vilna Gaon mentions an "irrefutable proof" to the fact that one need not put out pieces of chametz before the search. When a person did not perform bedikas chametz before Pesach, it is clear from the Gemara and the Shulchan Aruch that the house is searched with a berachah during chol ha-mo'ed. Of course, one does not put out pieces of chametz before searching on Pesach itself, leading to the conclusion that there is no obligation to lay out pieces before the search. Another proof mentioned by the Vilna Gaon is from Birkas Ha-mapil, which one recites even though there is no guarantee that he will fall asleep. The Mishnah Berurah (13) rules that strictly speaking one need not put out pieces of chametz, but mentions the custom of the Arizal to lay out specifically ten pieces of chametz, and adds that "it is not worthwhile to do away with the custom of Israel." In the Sha'ar Ha-Tziyun (12) he cites an opinion (the Eimak Halachah) that nowadays, when we thoroughly clean the house ahead of checking, it is possible that one must put out pieces of chametz even according to the strict letter of the law, and not merely by force of custom. The Chok Yaakov (532:14) explains that the purpose of the custom is so that the person searching will do his job properly, and make an effort to find all hidden chametz. It is important to ensure that putting out the pieces of chametz achieves this purpose, and not the contrary. The pieces should be hidden, and not merely gathered in the middle of the room, which can make the bedikah into a chametz collection session rather than a search (see Kitzur Shulchan Aruch 111:8). Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org 5
It is customary to use pieces that are smaller than a kezayis, so that if one of them is not found, there will be no full transgression. Because the pieces are hidden, it is proper for the person hiding them to write down their location, to avoid any chance of losing them. We have not yet discussed many halachic aspects of the bedikah: What is the time of the search? Which labors are forbidden before it? Which locations must be searched? What about searching a hotel room? Can an envoy be used? We will, please G-d, deal with these and other issues in next week's article. c Halachic Responsa d to Questions that have been asked on our website dinonline.org Question: Is it permitted to take a haircut Erev Pesach after chatzos? Answer: This is not permitted if the barber is a Jew, but it is permitted if the barber is a non-jew. Where one forgot to take a haircut earlier, and no non-jewish barber is available, it is permitted to give oneself a haircut. Sources: The basic halachah of taking a haircut on Pesach eve after midday (chatzos) is ruled by the Mishnah Berurah (468:5), who explains that it is permitted to take a haircut from a non-jew, but not from a Jew. Yet, see She arim HaMitzuyanim B Halacha (113:6), based on the Shach (Yoreh De ah 399:12), who permits a person to give himself a haircut where no non-jew is available. The reasoning for permitting this is in order that a person should not enter Yom Tov in an unkempt or un-groomed manner. See, however Shemiras Shabbos Kehilchasa (Chap. 42 note 140), who asks why the Mishnah Berurah does not make this point, thereby implying that the Mishnah Berurah maintains that it is not permitted. The reason for this is possibly that the prohibition of taking a haircut on Chol Hamo'ed, which is enacted so that people won't leave haircuts for the time of Chol Hamo'ed and thereby come into Yom Tov unkempt, applies even to Pesach eve after chatzos. This time, during which the Pesach offering is brought, is a special time, and one must ensure that a haircut is taken before. However, under extenuating circumstances, and where no non-jew is available, one can be lenient to take a haircut on one's own. 6 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org