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  • Chametz After Pesach

Eighth Day of Pesach

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Rabbi Yoel Lieberman

Nisan 13, 5782
Question
This year the seventh day of Pesach is on Friday and we continue the Pesach into shabbos. Are there any differences on the eighth day from all the rest of the Pesach? I mean regarding eating Chametz, Kitniyot or any other difference (for whoever keeps one-day Yom-Tov of course).
Answer
ב"ה Shalom, The explanation for you question is lengthy so I will present the conclusions at the beginning and then you can read the background. It is important to the read background to understand how the conclusions were made and the complexities involved. 1. One must NOT eat Chametz on the Shabbat Isru Chag of Pessach, unless he follows the opinion of Rav Ovadya Yosef zt"l and the Chametz sale was done according to his specifications. 2. Kitniyot may be eaten on Shabbat Isru Chag of Pessach in special utensils set aside for kitniyot. One may prepare the kitniyot on Friday based on the Eruv Tavshlin. However, there are those who are stringent and do not do so. There is a concept of "מוקצה מחמת יום שעבר". Which means, do we carry over the muktzeh from Friday into Shabbat? Since we are not allowed to eat Chametz ( and Ashkenazim not Kitnitot) on Friday which is still Pessach, the Chametz and Kitniyot are also Muktzeh. So does this Muktzeh get carried over to Shabbat? Rav Tokatchinsky zt"l (לוח לא"י) says according to most poskim, we don't say "מוקצה מחמת יום שעבר" because only that which is forbidden because of Shabbat itself upon the entry to Shabbat remains muktzeh the entire Shabbat. However, Chametz and Kitniyot are no longer muktzeh on Shabbat because Pessach is over. (See also פסקי תשובות סי' תקכ"ז הערה 73, 1. Does that mean we can eat Chametz on Shabbat? According to Rav Ovadya Yosef zt"l (שו"ת יחוה דעת ב סד) one may eat his Chametz which was sold since the sale expires on its own since the non- Jew hasn't completed paying for the Chametz and it is not stealing from the non-Jew. (See also ישיב יצחק חלק מ"ב : כ,כב ) However, according to Rav Tokatchinsky zt"l (לוח לא"י) we may NOT do so, because the Chametz has to be bought back from the non-Jew and that won't take place until after Shabbat and eating that Chametz on Pessach would mean you are stealing from the non-Jew who bought your Chametz. Furthermore, not in all Chametz sales is the contract written in the way Rav Ovadya Yosef zt'l referred to. Also, showing this disregard to the Chametz sale by eating Chametz on Shabbat, can also create a situation that the whole sale becomes void retroactively which means that this person had Chametz in his possession the entire Pessach.( שו"ת אור לציון חלק ג פרק ט), Rav Mordechai Eliyahu zt"l.) There are further reservations because the reacquisition of the Chametz takes place on Shabbat, and this can also then cause people to prepare something which totally Chametz to have it ready for use on Shabbat. שו"ת אור לציון חלק ג) פרק ט) So in regard to eating of Chametz on Shabbat, one should refrain. Those who follow the opinion of Rav Ovadya Yosef zt"l have to make sure that the contract for the sale of Chametz is written in the proper fashion, in which the Chametz sale expires on its own. 2. What about Ashkenazim eating Kitniyot? In regard to Kitniyot, Rav Tokatchinsky zt"l (לוח לא"י) is lenient and says that one may eat Kitniyot on Shabbat, because they are not muktzeh, and one may cook and prepare on Friday kitniyot dished for Shabbat, based on the Eruv Tavshilin. (See מנחת שלמה תניינא (ב-ג) סי' י"ז, [ח"ב סי' לא, ] שו"ת ציץ אליעזר חלק י"ד סי' נ"ד, פסקי תשובות סי' תקכ"ז, הערות 69-70 There are also those who are stringent in regard to eating or preparing Kitniyot on Shabbat, one reason being, in their opinion the Eruv Tavshilin can not work for something which was inedible the day before. שו"ת מנחת יצחק חלק ז סימן לג, פסקי תשובות סי' תקכז, הערות 72-73. 3. If you do prepare Kitniyot for Shabbat, which utensils should you use? You should set aside special dishes for cooking the Kitniyot and save them for years that Pessach falls out like this year. ,תשפ"ב. I was told this, many years ago, by the former Chief Rabbi of Israel, Rav Avraham Shapira zt"l. Although, the Rema on the Shulchan Aruch(תנג:א ) says that if kitniyot fell into a kosher Lepesach dish, it becomes annulled if the majority of the food is non-Kitniyot, it does not allow to begin with to cook in the kitniyot utensils. Therefore, you should set aside special dishes for the Kitniyot. שו"ת מהר"ם שיק (או"ח סי' רסא) , הליכות שלמה (פסח פ"ד ס"ק 102) בשם הגרש"ז אוירבך זצ"ל, הרב נויברט זצ"ל, ספר שמירת שבת כהלכתה (פרק מ סע' צב)., הגר"א נבנצל שליט"א (ירושלים במועדיה פסח עמ' כח) . Although, there are Poskim who say that you can use the dishes used for kitniyot, even within 24 hours שו"ת זרע אמת (ח"ג או"ח סי' מח, כף החיים סימן תנג ס"ק כז. ת םאיקרד . Others disagree and say they may be used only after 24 hours. מהרלב"ח/ המהרלנ"ח סי' קכא, דף קפה, see also שו"ת חבל נחלתו יב טז Some say, that the Zera Emet only allowed so only by somebody who is a guest by one who eats kitniyot, because of "Darchei Shalom" so as not to insult the host. ספר הלכה של פסח (שע"ד פ"א ס"ק סט) שכתב בשם הגרי"ש אלישיב Based upon this background I have written the conclusions at the beginning of this answer. חג כשר ושמח
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