Finding Chametz on Pesach

OU KASHRUT BY RABBI EZRA FRIEDMAN PAGE Director, The Gustave & Carol Jacobs Center for Kashrut Education Other forms of disposal such as throwing Finding in a lake are not sufficient once Pesach has begun. Authorities dispute whether Chametz a bracha should be recited on burning chametz during chol hamoed (see Pri on Pesach Megadim EA 446:6). The accepted ruling is not to say a bracha (Piskei Teshuvot 446:1). ccording to Torah law, in order to Chametz found on Yom Tov observe the prohibitions of “bal The Gemara in Pesachim (6:a) states that yera’eh” and “bal yimatzei” (not to A someone who findschametz on Yom Tov is own chametz on Pesach) all chametz must not allowed to move it and must cover it. be removed from one’s possession before Authorities explain that since chametz is the allotted time. In order to ensure the prohibited to eat, possess or benefit from, it strict adherence of the prohibition, our is considered muktze (the Rabbinic decree Sages require to both physically remove not to move certain objects on Shabbat the chametz, and to verbally nullify it. The and Yom Tov) and may not be moved. nullification (bitul) removes ownership (See Shulchan Aruch Harav OH 308:9.) In over one’s chametz, including chametz addition, the chametz must be covered that the owner is not aware of. The to prevent its accidental consumption. physical removal of chametz is the actual Once Yom Tov or Shabbat has ended, the mitzvah of “biur chametz” (the mitzvah chametz should be burned. to destroy chametz). The current article discusses the disposal of chametz found Early authorities debate whether the on Pesach, when owning chametz is gemara solely prohibits moving chametz strictly prohibited. which was nullified before Pesach or if the prohibition includes chametz that was Chametz found on chol hamoed not previously nullified (such as a package If chametz, in any quantity, is found on containing chametz that was received chol hamoed, one must immediately on Pesach). Rashi (Pesachim 6:a), the Or dispose of it (Shulchan Aruch OH 446:1). Zarua (Hilchot Pesachim 256), and others The chametz must be burned until it is rule that the gemara was only relating no longer edible (see Shulchan Aruch to chametz that was nullified before Harav 445:4 and Mishna Berura 445:1). Pesach. This prohibition of having edible 54 TORAH TIDBITS / TZAV - PESACH 5781 The OU Israel Gustave & Carol Jacobs Center for Kashrut Education was created to raise awareness and educate the public in all areas of Kashrut in Israel. Rabbi Ezra Friedman, a Rabbinic Field Representative for the OU is the Center's director. chametz in one’s domain is Rabbinic in (Shlah OH 446). Even though some nature. However, if someone were to find authorities debate over this solution (see chametz that was not nullified, he must Magen Avraham 446:2), in a case where dispose of it on Yom Tov itself, since every chametz was found in one’s home on Yom moment, he is transgressing bal yera’eh Tov, a non-Jew may be asked to dispose of and bal yimatzei. In contrast, the Rambam the chametz (Minchat Elazar 2:10, see also (Chametz U’matzah 3:9) rules that even if Piskei Teshuvot 446:2). the chametz is not nullified, one may not In summary: move it on Yom Tov. Many commentators discuss the Rambam’s unique position (see • Chametz that is found on chol hamoed Kesef Mishna and Rabbeinu Manoach). Pesach must be burned. No bracha is recited Later authorities discuss the topic of removing the chametz. The Vilna Gaon • Poskim agree that if chametz is found (OH 446) and others rule that it makes on Yom Tov, it should be covered no difference whether the chametz was to prevent handling or accidental nullified or not, all chametz found on Yom consumption, and it must be burned Tov or Shabbat must be covered, and only after the Yom Tov. It is preferable to disposed of on chol hamoed. However, the ask a non-Jew to dispose of the chametz Bach (OH 446:1, see also Olat Shabbat OH if one is available on Yom Tov. 446:1) and others rule that chametz that was not nullified must be disposed of even Kashrut Clarification on Yom Tov, while nullifiedchametz needs Clarifying an article to be covered, and burned only on chol that appeared last week hamoed. The accepted position is that of Rapp Seed/Canola Oil and all such the Vilna Gaon (see Mishna Berura 446:6). derivatives are kitniyot and An option to resolve the issue of finding should not be used by Ashkenazi Jews chametz on Yom Tov or Shabbat is to ask a over Pesach according to non-Jew to remove it from one’s domain. OU Kashrut policy. A non-Jew is not obligated to refrain from eating chametz or to keep Shabbat laws Kashrut Questions in Israel? including muktze. Based on this, it would Call or Whatsapp Rabbi Friedman at be an optimal solution to have a non-Jew 050-200-4432 remove the chametz from the premises OU ISRAEL CENTER 55.

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