Chapter 3:
Removing Chametz from One’s Possession
Chapter 3
Removing Chametz from One’s Possession
- Eating Chametz before Pesach
While many opinions posit that disposing of chametz is a mitzvah that begins sometime within the 24-hour period before Pesach, there are others who say it begins immediately after Purim.1 Therefore, it is worthwhile to have in mind when you eat2 or dispose of any chametz at home after Purim, that you are trying to dispose of chametz and are thereby fulfilling the positive commandment of “tashbitu.”
Someone Who Doesn’t Want to Rely on Selling Chametz
The custom to dispose of all chametz in one’s home prior to Pesach, and not simply rely on selling it, is commendable but not required.3 However, even if you plan to dispose of all your chametz before Pesach, it is still advisable to sell the chametz in your home with a deed by arrangement with your rabbi, so that you are not inadvertently in possession of chametz you might have missed.4
Where to Keep Sold Chametz
It is perfectly acceptable for a person to keep their chametz in specified areas of the home and sell the chametz to a non-Jew. Even though this may seem like chicanery (haarama), it is a longstanding custom that Jewish people have adopted for centuries and so one may rely on it without question.5 This is especially true if one will be financially affected by throwing out all the chametz in their home before Pesach. However, as noted earlier, it is best to try to eat/discard as much chametz from your home as possible prior to Pesach.
How to Sell Chametz
It is recommended to sell your chametz via an experienced rabbi, since the laws regarding halachic sales are complex. Every synagogue rabbi has its own custom for selling chametz, and one should follow the custom of the rabbi. Unless stipulated otherwise, one may simply provide the addresses of all real estate where chametz will be stored, and to have in mind to sell all the chametz in one’s home(s), wherever it may be, even though the precise areas of the property where the chametz is placed are not specified. If you need someone to sell your chametz, email our shul at mekorhabracha@gmail.com with the address(es) where your chametz is located, and we will gladly sell your chametz for you.
Selling Chametz for Someone Else
One may sell chametz on behalf of someone who, for whatever reason, will not sell their own chametz. This is laudable, because it can prevent that person from violating the prohibition against owning chametz on Pesach, based on the principle that one may provide a benefit to someone else without their knowledge.6
Bedika/Selling Chametz if You Are Away from Your Home Over Pesach
- If you are not going to be home for all of Pesach, it is recommended to ask your rabbi:
- to sell your entire home (as opposed to simply selling the chametz in your home)
- to sell before the eve of the 14th of Nisan7
However, one need not be concerned if these points were not stipulated if you sell your chametz before Pesach.8
- Ordinarily, if you plan to be away from home for Pesach,9 you would check your home for chametz on the last night you are home up to 30 days prior to leaving on your trip (no blessing is said if you check your home before the 14th of Nisan.)10 However, if you sell your home as stipulated above, bedika on your home is unnecessary.11 (Bedika is explained in greater detail in the next section.)
- In any event, there is an obligation to perform bedika and check the area, room, or home one will be renting or visiting during Pesach. One should only make a bracha on bedika if one checks on the night of the 14th and only if there is a possibility that chametz food is located there.12
- Even if you will be away from home for the entire Pesach and you are selling your real estate through a rabbi, it is advisable to organize the chametz in your home so you can easily determine where it is and avoid it in the event someone does end up staying there.13
- If someone is spending Pesach in a different time zone, it is best to inform the rabbi who is selling the chametz, because Pesach will start earlier or end later in another time zone. If the sale agreement is not adjusted, it is possible that the chametz sale will become effective too late or bought back too early, potentially causing a violation of owning chametz on Pesach. To prevent this, many sales, including the ones arranged through our shul, include a stipulation that the sale and buyback should take place when Pesach begins or ends in the location where the owner will be at the time.14
Notes
Chok Yaakov OC 445:4 and MB 445:8 in the name of the Maharik 170.
↩See Baal Hameor Pesachim 3a B’dapei HaRif and Pnei Yehoshua Pesachim 6a.
↩See Bach OC 448:2, Elya Raba OC 448:7, MB 448:12, Aruch HaShulchan (AH) OC 448:12, Shu”t Gevurot Eliyahu OC 128-130.
↩Bedikat Chametz U’Viuro 8:17.
↩See Noda B’Yehuda 141:8, Chatam Sofer OC 62 and 113, Oneg Yom Tov 28, Igrot Moshe OC 2:95, etc.
↩“Zachin l’adam shelo bifanav” (one may benefit another person without their express consent) (Gittin 32b et al.) See Magen Avraham 436:11, Shu”t Chatam Sofer EH 11, Divrei Chaim 2:46, Har Tzvi 2:39, Chazon Ish EH 45:11, Doveiv Meisharim 1:30, Tzemach Tzedek OC 46 etc.
↩The reason for these two stipulations is that some opinions hold if you own your home after nightfall of the 14th of Nisan, you are obligated to check your home for chametz even if you plan to sell it later. See Mekor Chaim OC 436, Shu”t Kinyan Torah 1:110.
↩Shu”t Chatam Sofer OC 131, Binyan Olam 20, and Sefer Hilchot Chag B’Chag 6:17 in the name of the Chazon Ish opine that even if you did not yet sell your home, you do not need to do bedika as long as you plan to sell it before Pesach.
↩If you leave before the 14th and will be returning to your home during Pesach, you should also do bedika the last night you are home within 30 days prior to Pesach (S”A OC 436:1.)
↩Unless someone is designated to do bedika at the ideal time on your behalf. See S”A and Rama OC 436:1.
↩See Shu”t Chatam Sofer OC 131, Tzemach Tzedek OC 47, Mishneh Halachot 4:67, Chok Yaakov and Gra OC 436.
↩See Shu”t Kinyan Torah 1:120:4 and OC 32, Shevet HaLevi OC 67, Rivivot Efrayim OC 2:129:34, Minchat Shlomo 58:17, Avnei Neizer 1:341 for differing opinions on this matter. It would seem appropriate to check without a bracha unless there is concern that there is chametz in the space one is renting.
↩Another reason would be that some say a chametz sale requires some knowledge of where your chametz can be found in the home, so that the chametz is sold with its “place.” See Chavot Yair OC 448:14, MB 448:12, AH OC 448:18-19, Shu”t Gevurot Eliyahu OC 134.
↩This is because halachically, we conclude that chametz is a prohibition on the person (issur gavra), as opposed to on the object (issur cheftza.) This is possibly because unlike other non-kosher food for which the prohibition is on the food and never varies, chametz is permissible before and after the holiday. See Chidushei Maharshdam Gid Hanasheh 3, Sidur Pesach Kihilchato 14:34 in the name of “rov achronim,” Chiddushei Rabbeinu Chaim Chametz U’Matzah 1:3, Ohr Sameach Chametz U’Matzah.
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