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What Are You Selling?

Rabbi Moshe Binyamin Friedman, Rosh Yeshiva

Bedikas chametz is more complex nowadays than it used to be. Houses today are much bigger than they were a few hundred years ago. Although technically bedikas chametz is done on the 14th of Nissan, in a sense, the weeks of cleaning leading up to Pesach are part of the process of bedikas chametz, which culminates in the actual bedikah and burning of the chametz on the 14th of Nissan.

This brings up an important question for the many people who will not be home for Pesach. They do not want to put in the days, or even weeks, of hard work ridding their homes of every vestige of chametz if they will anyway not be there on Pesach. Is there a halachically valid alternative that avoids unnecessary hassle?

There is a common practice to rent out or sell the house to circumvent the obligation of bedikas chametz. But we must understand this mechanism: if there is an obligation to do a bedikah how is that satisfied?

The Shulchan Aruch writes that one who lives in a non-Jewish-owned house but leaves before Pesach does not need to do bi’ur chametz since he will fulfill the mitzvah in his new residence (1). This seems to indicate that even when one leaves his house, he must do a bedikah somewhere else. So how can a mechirah suffice? To understand this, let us first ask a basic question. When does the obligation of bedikas chametz take effect?

On the one hand, the Shulchan Aruch rules that if one rents out his house and hands over the keys before the 14th of Nissan, he does not need to do a bedikah, as it is the new tenant’s obligation (2). It seems from this that the obligation takes effect at the beginning of the 14th; the tenant, who was the official occupant at the beginning of the 14th, must therefore do the

bedikah.

On the other hand, one who leaves home within 30 days of Pesach must do a bedikah before he leaves, indicating that the obligation takes effect before the 14th of Nissan (3). Regarding our question, it would seem that if the obligation of bedikas chametz takes effect on the 14th of Nissan, leaving one’s house before then would avoid the obligation. However, if the obligation takes effect earlier, simply leaving before the 14th would not be enough.

In truth, if we reexamine the abovementioned case of a Jew leaving a non-Jewish-owned house, we will see there is another important factor. The Mishnah Berurah explains that the reason the individual does not need to do a bedikah is because when one leaves a non-Jew’s house without intent to return, he presumably makes any remaining chametz hefker (4). It is like he threw his chametz into the street, in the Mishnah Berurah’s words. If that’s the case, someone who will be returning home after Pesach should seemingly have to do a bedikah, as he is not really making his chametz hefker.

However, if a mechirah is legitimate and effective, a person can sell all the chametz in his house, including the chametz in all the nooks and crannies, and that presumably accomplishes the same as leaving a house without intent to return; in both cases, the chametz is not in the person’s possession. In other words, when someone travels away from home for Pesach, it is not that he does not need to do a bedikah. He must rely on his mechirah to take care of his obligation*.

Chag kasher v’sameiach!

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(1) או"ח סי' תל"ו ס"ג

(2) סי' תל"ז ס"א

(3) סי' תל"ו ס"א

(4) מ"ב סי' תל"ו סקכ"ז

* In practice, anyone leaving his home for Pesach should ask a rav for guidance, as he might need to personally fulfill the mitzvah of bi’ur chametz in some way. Also, mechiras chametz is not without controversy; it is for that reason that some people do not rely on mechirah.

Keeping the Wells of Ruchniyus Flowing

Rabbi Eliezer Rosenbaum, Maggid Shiur

This week on the 10th of Nissan was the Yahrtzeit of Miriam Haneviah. Chazal tell us that Klal Yisroel was zocheh to have a well wherever they travelled in the zechus of Miriam. Once she was nifteres, Klal Yisroel no longer had access to the well and its water.

The Alshich Hakodosh explains that it is not that the well dried up because Miriam was nifteres. Instead, Chazal mean to tell us that the while the well remained, the Jewish people just couldn’t access it. He explains that after she was nifteres, Klal Yisroel did not mourn her and appreciate her properly. Had they really appreciated her and realized what they had while she was alive, they would still be able to access the water.

A very important lesson is learned from here. There are many opportunities in life like Shabbosim and Yomim Tovim, and role models that surround us such as parents and Talmidei Chachamim. In order to properly gain and be affected by these special people and occasions we need to appreciate and realize the chashivus of what these occasions or people give us. Just like the Be'er Miriam that never dried up, we too can access the spiritual wells of our parents and Yomim Tovim, if we have the proper appreciation, kavod and excitement.

This is something that is very important to remember before any Yom Tov. We have a special mitzvah of hidur mitzvah. For instance, a beautiful esrog, a beautiful succah, a beautiful seder table, a silver menorah etc. It’s not that the mitzvah or that Hashem needs the gold or silver. Rather, it is for us, to instill in us and make us appreciate a Yom Tov, a Shabbos or a mitzvah.

May we all be zoche to take full advantage of all the incredible opportunities that we are presented with, and with that, grow and flourish to reach our fullest potential. Chag kasher v’sameiach!