Beit Midrash
It is a positive Torah commandment to remove the chametz (biur
chametz) from our domains as Pesach approaches, as it is written,
"However, by the first day you must remove the se’or from your
homes" (Exodus 12:15). The Oral Torah tradition teaches that we are to
clear out the chametz by midday of the fourteenth of Nisan, midday
of erev Pesach, the day before seder night. This interpretation is
supported by the verse, "You shall not slaughter the blood of My
sacrifice over chametz." This is interpreted to mean that you shall
not slaughter the Passover sacrifice while there is still chametz in
your possession, and the time of slaughtering the Passover sacrifice
begins at midday on the fourteenth of Nisan (see Pesachim 4b, Rambam
Hilchot Chametz 2, 1). Men and women are equally obligated in this
mitzvah, as they are concerning all of the mitzvot of Pesach.
Whoever did not remove the chametz from his home by midday
of the fourteenth of Nisan, is in violation – every single moment
that he delays – of the positive commandment of removing the
chametz (Mishna Berura 443, 1). Furthermore, from the moment the Pesach
holiday begins, he is in violation of two prohibitions: bal yimatze, as
it is written, "[For] seven days se’or shall not be found in your houses" (Exodus 12:19), and bal yera’eh, as the Torah declares, "Matzot
shall be eaten [for] the seven days; and no chametz of yours shall be
seen, and no se’or of yours shall be seen within all your borders"
(Exodus 13:7). Thus by fulfilling the mitzvah of removing the chametz
we are saved from two prohibitions, bal yera’eh and bal yimatze, that
chametz should be neither seen nor found in our possession.
The commandment of removing the chametz is the first mitzvah
with which we begin the sequence of mitzvot connected with
Pesach. As is well known, chametz on Pesach is a metaphor for the
evil inclination, and one has to clear out the chametz from the house
in order to properly experience the sanctity of the Pesach sacrifice
and the eating of the matzah. Therefore the first of the preparations
for Pesach is removal of the chametz.
1.Let us summarize the opinions regarding the times of the onset of the chametz
prohibitions. The removal and destruction of the chametz must be done by midday
of the 14th. (Perhaps according to the Ba’al Hama’or the mitzvah begins at midday, but
according to the rest of the Rishonim, on the Biblical level the removal and destruction of the
chametz must be completed by midday.) There is a dispute regarding the starting times
of the other mitzvot connected to chametz. Regarding the prohibition of eating
chametz, Rabbi Yehudah holds that the prohibition begins at midday of the 14th, and
Rabbi Shimon holds that the prohibition of eating chametz, on the Biblical level,
begins at the onset of the Pesach festival. Most Rishonim adopt the view of Rabbi
Yehudah that the eating prohibition begins at midday of the 14th, but there are
those who adopt the view of Rabbi Shimon that the eating prohibition begins at the
start of the holiday. Regarding the prohibitions of bal yira’eh and bal yimatzei, most
Rishonim are of the opinion that these prohibitions begin at the onset of the Pesach
festival, while a minority hold that these prohibitions begin at midday of the 14th.
Additionally, let us mention that one who participated in the sacrificing of the
Korban Pesach while he still had at least an olive-sized piece of chametz in his
possession, violated a Biblical prohibition, as the Torah says, "you shall not slaughter
my blood offering while in the possession of chametz" (Shemot 34:25). If he was warned
about this and still did it on purpose, he is punished with lashes (Rambam Hilchot
Korban Pesach 1:5)
2. The Prohibition against Chametz One Owns
The prohibition against chametz on Pesach is unique in that it is
not only forbidden to eat it, rather it is forbidden even to keep it;
whoever keeps it in his home violates the two prohibitions of bal
yera’eh and bal yimatze.
The Torah’s language, "and no chametz of yours shall be seen,
and no se’or of yours shall be seen within all your borders" (Exodus
13:7), shows that there is no prohibition against a Jew’s having the
chametz of a gentile, or ownerless chametz, in his domain, as it says
"of yours" - you are not allowed to see the chametz that belongs to
you, specifically, but this implies that the chametz of non-Jews and
chametz that is ownerless are permissible.
Therefore, if a non-Jew lives in a Jew’s courtyard, the Jew does
not have to clear out the non-Jew’s chametz, even if the Jew owns
the courtyard and the gentile works for the Jew. Similarly, if a non-
Jew deposited chametz in a Jew’s house for safekeeping before
Pesach, the Jew need not clear it out, as long as he is not responsible
for the chametz (that is, he has not guaranteed its return). But he must erect a
partition at least ten handbreadths high in front of the chametz, to
make certain that he won’t forget and eat of it (Shulchan Aruch 440, 2).
Alternatively, he may lock it up and hide the key, or close it in a
2. Rav Zevin explains in his book, Moadim B’Halacha, in the chapter on Chametz and
Matzah, that there is a dispute about the definition of these negative
commandments. According to the Rosh (Chapter 1 section 9), any chametz that can
possibly be seen, even if in reality it is not seen, would cause a person to violate bal
yira’eh. It turns out then, that anyone who is in possession of at least an olive-sized
piece of chametz violates two prohibitions: bal yira’eh and bal yimatzei. However,
according to the Kessef Mishneh (Hilchot Chametz U’Matzah 1:3) one who keeps any
type of chametz in his possession violates bal yimatzei, but he would only violate bal
yira’eh if he actually sees the chametz. And see Bedikat Chametz U’Bi’uro Chapter 1
Note 16.
cabinet and tape the doors shut, so that if someone should come to
open them, he will remember the prohibition against chametz.
Similarly, a Jew can let a non-Jew enter his home on Pesach,
carrying his chametz with him. It is forbidden, though, for the Jew
to eat with the non-Jew at the same table, lest the Jew forget and eat
of the non-Jew’s chametz. Even if he puts something on the table to
remind himself not to take chametz from the non-Jew, we are still
concerned that a crumb of the chametz may get mixed into the Jew’s
food. However, if the non-Jew eats at the table first, a Jew is
allowed to clean the table thoroughly of all of the chametz crumbs
and then eat matzah there (Shulchan Aruch 440, 3; Mishna Berura 18).
3. Chametz that has been Guaranteed by a Jew and the Law Concerning Stocks
We have learned that one violates the prohibitions of bal yera’eh
and bal yimatze only by possessing chametz that is the property of a
Jew, as it is written, "and no chametz of yours shall be seen" (Exodus
13, 7). Yet, at first glance, there is a difficulty here, for it is written,
"it shall not be found in your homes" (Exodus 12:19), implying that it is
forbidden to have chametz in a Jewish home under any
circumstances. Our sages explained that, indeed, if the chametz
belongs to a non-Jew, and the Jew has not undertaken the
responsibility of its safekeeping and guaranteeing its return, then it
is not forbidden to have it in the Jew’s domain, as it is written,
"and no chametz of yours shall be seen." If, however, the Jew
accepted responsibility for the item, then it is considered like his
own, and the prohibition applies. This is what the Torah intended
when commanding, "it shall not be found in your homes" (Pesachim
5b).
Therefore, if a Jew guaranteed the return of chametz that was
deposited with him, it becomes like his, and he is not allowed to
keep it in his home or courtyard, but must return it to the non-Jew
or clear it out. B’dieved, when he cannot return it to the non-Jew,
and clearing it out will cause him a loss, he should sell the chametz,
and the place it is stored, to a different non-Jew (Shulchan Aruch 440, 1;
Mishna Berura 4). However, if the Jew undertook to guarantee
protection of a non-Jew’s chametz that remains in the non-Jew’s
possession, then the Jew does not violate any prohibition (Mishna
Berura 440, 7).
Thus an insurance company owned by a Jew is allowed
to insure chametz for non-Jews, because the chametz remains in the
non-Jews’ possession (She’arim Metzuyanim Bahalachah114, 29).
Furthermore, if a Jew deposited chametz with a fellow Jew for
safekeeping, each of them is under obligation to clear it out – the
depositor, since he owns the chametz, and the recipient of the
deposit, since it became as if owned by him through his agreeing to
safeguard it (Shulchan Aruch 440, 4). Even if he did not undertake its
safekeeping, he is required to clear it out.4
3. The Rishonim dispute these laws.
According to the R"i, the chametz is considered
to be in a person’s possession only if he accepted the responsibilities of a paid
watchman; and if so, he is held liable. According to the Behag, however, he is
considered to be the owner of the chametz (and held liable) even if he only accepted
the responsibilities of an unpaid watchman. The Shulchan Aruch holds like the
opinion of the R"i, and quotes the Behag’s opinion as "others say." The Mishnah
Berurah (8) though, writes that it is preferable to follow the opinion of the Behag.
According to the Rambam, even if the person didn’t accept any responsibility over
the chametz, if the Gentile is powerful and will forcefully extract compensation for
the Jew destroying the chametz, the chametz is considered owned by the Jew, and
he would be held liable for it. According to the Ra’avad he is not liable, but the
predominant view is that of the Rambam. And in all these cases, if the chametz
remained over Pesach, one may eat it post facto, since the prohibition of using
chametz that existed on Pesach is only rabbinic, and in an uncertain situation we are
lenient .
4. Regarding a Jew who deposited his chametz with another person, the Shulchan
Aruch 440:4 rules like Rabbeinu Yona that even if the watchman accepts
If one bought stock in a company that owns chametz, and Pesach
arrived, if he has the authority to express his view about how to
manage the company’s affairs – what to sell and what to buy – then
it is considered as if he owns the chametz, and he violates bal yera’eh
and bal yimatze on account of it. But if he is not authorized to
express an opinion, then he is like everyone who invests in stocks -
the company owes him a percentage of its value, but its property is
not considered his, and he does not violate any prohibitions on
account of its holdings of chametz. Accordingly, those who invest
their money in mutual funds, or in pension funds, do not violate
any chametz prohibitions, even though the managers of the funds
may invest part of the money in a company that owns chametz,
since this chametz is not considered the property of the original
fund investor (She’arim Metzuyanim Bahalachah 114, 28).5
responsibility over the chametz, since the chametz still belongs to the owner, it is the
owner’s responsibility to destroy it. This is the opinion of other poskim as well.
According to the Ramban and the Ran, since the chametz is not in the owner’s
possession and the watchman accepted responsibility for it, the owner of the
chametz does not transgress any prohibition. As for the watchman, the Shulchan
Aruch writes in 443:2 that if the owner of the chametz didn’t come to collect it
before Pesach, the watchman should preferably sell the chametz to a Gentile in
order to save its value. If he did not do this, the watchman is obligated to destroy
the chametz. The Mishnah Berurah (14) explains that according to the Bach and
Magen Avraham the reason for this obligation is because every Jew is responsible
for his fellow Jew. The opinion of the Gra on the matter is that even if the
watchman did not accept responsibility for the chametz, he still has a Biblical
obligation to destroy it, as it is forbidden to harbor a Jew’s chametz in his house,
and this is also the opinion of the Tzlach and the Beit Meir.
5. There are those who act stringently in this matter and sell their shares of
chametz-producing companies and companies that insure chametz, and many
chametz-sale documents contain a clause that includes these types of situations (see
Piskei TeshuvotI 440:1).
4. How One Fulfills the Mitzvah of Removing the Chametz
We clear the chametz out of our homes in two ways - in thought
and in deed, that is, spiritually and in actual practice. The removal
in thought is done through nullification of the chametz, declaring it
ownerless and to be considered as if it were merely the dust of the
earth. We do this nullification because we violate the prohibitions
of bal yera’eh and bal yimatze only with chametz that belongs to us
and that we consider valuable. One who nullifies the chametz and
considers it to be like dust does not violate any prohibitions on its
account. Similarly, if he declares it ownerless, he commits no
violation on its account.
In addition, we clear out the chametz in practice. The evening
before the day of the fourteenth, we search the entire house for
chametz, and on the day of the fourteenth we clear it from our
homes.
Although either way alone is sufficient to fulfill the
requirements of Torah law, Chazal required that we clear out the
chametz in both ways, to be on the safe side. Thus, we annul the
chametz orally and physically clear it out of the house.6
On one hand, the Sages did not want to rely on the nullification
alone, lest some Jews might not annul the chametz whole-heartedly,
and would leave it in their homes for eating after Pesach. Since they
had not annulled the chametz whole-heartedly, they would violate
6. According to the majority of Poskim, on the Biblical level one method of
destroying the chametz is sufficient: either by nullifying the chametz or by searching
for and destroying the chametz. The Rabbis decreed that one must use both
methods, as I wrote above in the name of the Ran 1:1, and is brought in the Beit
Yosef 432. However, it seems that according to the Tur the main Biblical method is
nullification, and the Rabbis added that one must also search for and destroy all
chametz, because of the reasons presented above.
the prohibitions of bal yera’eh and bal yimatze by leaving it at home
(Rashi, Pesachim 2a). Moreover, they were concerned lest, if chametz
remained in the house, people might come to eat it by mistake.
Therefore they also required removing it from the house physically
(Tosafot ibid.).
Similarly, the Sages didn’t want to rely on the search alone, lest
some Jews would not succeed in finding all of the chametz in their
homes, but would find it on Pesach. In that event, there was a
chance that they might wait briefly before burning it - because they
would feel badly for a moment about losing their chametz - and, in
that moment they would violate the prohibitions of bal yera’eh and
bal yimatze. By nullifying the chametz before Pesach, however, they
would not violate the prohibitions, even if they hesitated a little
before burning the chametz (Mishna Berura 434, 6).
5. The Essence of the Mitzvah
A fundamental question arose concerning the essence of the
mitzvah of removing the chametz. Is the mitzvah primarily to take
hold of the chametz and remove it, or is it primarily that no chametz
should remain in a Jew’s possession.
7. To expand on this topic: According to the Rama in 434:5 in the name of the Tur,
if one thoroughly checks his house and yet still an olive-sized piece of chametz
remains, he violates the prohibition of bal yira’eh and bal yimatzei (and this is why,
according to the Rama, the main and most important Biblical "removal" of chametz is
nullification). However, according to many other poskim, including the Rambam and
Rosh, anyone who checks his house properly, even if he does not succeed in
finding every last bit of chametz, does not violate any prohibitions for
unintentionally having chametz in his house, since he did a proper and thorough
check. Only if one finds chametz in his house on Pesach and intentionally leaves it
in his house because he wants the chametz, would he violate any prohibition. And
according to the Taz, even the Tur holds this way, as I have written above.
According to the principal view accepted by most of the
Rishonim (Maharik, Ramban and more), the mitzvah is primarily that one’s
domain be free of chametz. One who has chametz must clear it out,
and one who has no chametz in his domain has already fulfilled the
mitzvah.
However, the view of some Rishonim (Rav Nissim, Tosafot) implies
that only someone who has chametz becomes obliged to fulfill the
commandment, and he fulfills the mitzvah when he clears the
chametz out of his house. One who has no chametz is exempt from
the mitzvah. Yet even according to this approach, we do not find
that the Rishonim recommended acquiring chametz in order to fulfill
the mitzvah of removing the chametz. Nevertheless, there are
Achronim who wrote that it is appropriate for one who has no
chametz in his possession before Pesach to go beyond the letter of
the law and buy himself some chametz, so that he can use it to fulfill
the mitzvah of removing the chametz, according to those who hold
that one must actively remove chametz.
8. The Minchat Chinuch (9) discusses at length the different sides of the issue and
notes that according to Rashi, Rambam, and Sefer HaChinuch, the mitzvah is passive
(this is also the opinion of the Maharik in section 174 and the Ramban in the beginning of
Tractate Pesachim). According to Tosfot, and Ran, however, the mitzvah is an active
one, and so according to this opinion, one who has no chametz in his possession
should purchase chametz in order to fulfill the mitzvah of destroying it. (Rav Chaim
Brisker offered a novel interpretation, that this dispute is dependent upon the dispute
between the Chachamim and Rabbi Yehudah regarding the method of destroying the chametz:
according to Rabbi Yehudah, the mitzvah is specifically to burn the chametz, whereas
according to the Chachamim, any act of destruction works. Those who follow Rabbi
Yehudah’s opinion, therefore, would hold that one must do a positive action to fulfill the
mitzvah of destroying the chametz; and this needs further study.) See also Piskei Teshuvot
445:6 who mentions a few Achronim, among them the Chelkat Yoav, Mekor Chaim,
and Maharash Engel, who hold that there is a mitzvah for every person to own
chametz in order to destroy it, and conversely, the Shulchan Aruch HaRav (436:21),
the Divrei Chaim (1:9), the Chavot Yair (4), and the Avnei Nezer (Orach Chaim 318) who
hold that there is no mitzvah to obtain chametz in order to destroy it. And like we
In actual practice, Jews are a holy people and strive to perform
the mitzvot in the most praiseworthy fashion, including making
sure that they have chametz on the day of the fourteenth of Nisan,
which they use to fulfill the mitzvah of removing the chametz in a
way that satisfies all views. Moreover, they are even more
scrupulous, and remove the chametz specifically by burning it, for,
according to many poskim, burning is the preferred way to remove
the chametz (see below 5, 4).
6. The Times When the Prohibitions of Eating and
Benefiting from Chametz Begin
The mitzvah of removing the chametz must be carried out by
midday of the fourteenth of Nisan. Every instant that a Jew keeps
his chametz after that time, he is in violation of the positive
have mentioned, the custom is to actively destroy some chametz to fulfill this
mitzvah according to all opinions. Indeed, the Mishnah Berurah (445:10) writes that it
is proper to leave an olive-sized piece of chametz in order to burn it actively, and
fulfill the mitzvah of destroying the chametz.
The reason we have written that one needs an olive-sized piece of chametz to fulfill
this mitzvah is that according to many poskim only an olive-sized piece must be
destroyed (see Mishnah Berurah 442:33). Even according to those who adopt the
stringent view that even a piece smaller than an olive must be destroyed, this is
probably because of the concern that one may come to eat it and violate the
prohibition of eating chametz, which applies even to a piece smaller than an olive,
but according to the overwhelming majority of poskim, there is no Biblical
prohibition of bal yira’eh and bal yimatzei on a piece of chametz smaller than an olive
(see Dagul Mervavah 442, Chacham Tzvi 86, and Sha’agat Aryeh 81). This is significant since
most authorities believe that the mitzvah to destroy the chametz is connected to the
prohibition of bal yira’eh and bal yimatzei, not the prohibition of eating the chametz.
(See also Sidur Pesach K’Hilchato 15:4, who writes that one should not pour lighter fluid on
the chametz itself at the time of burning; rather, he should pour it onto the wood, so that the
chametz will be destroyed by fire itself and not by being ruined by the lighter fluid. The
book Hilchot Chag B’Chag 8:10 note 17 explains that there is no reason to be careful about
this, since the main point of the burning is to turn the chametz into ashes, regardless of
whether or not the taste of the chametz is ruined.
commandment to remove the chametz. Beginning at midday, the
Torah prohibition against eating and gaining benefit from chametz
begins as well (Rambam Hilchot Chametz Umatzah 1, 8; and see Halachah 1 in this
chapter).
In order to distance people from sin, the sages extended the
prohibition, by forbidding the benefitting from chametz an
additional hour, and the eating of chametz for an additional two
hours, since on a cloudy day people are likely to err up to two
hours in estimating the time.
This is how to calculate the hours: one divides the duration of
daylight into twelve equal parts, each part being called "a seasonal
or relative hour". It is forbidden to eat chametz from the beginning
of the fifth hour; it is forbidden to gain any benefit from the chametz
from the beginning of the sixth hour; and the Torah prohibition
against eating and benefiting from chametz begins from the
beginning of the seventh hour.
Thus, in actual practice, it is permissible to eat chametz
throughout the first four hours of the fourteenth day of Nisan.
During the fifth hour it is forbidden to eat chametz by rabbinic
decree, but it is still permissible to benefit from the chametz - for
example, one may feed it to an animal or sell it to a non-Jew. And
from the beginning of the sixth hour of the day it is forbidden by
rabbinic decree to gain benefit from the chametz. From the time that
it is forbidden for a Jew to gain benefit from the chametz it is
considered as if it does not belong to him, so that he is no longer
able to sell it to a non-Jew or to nullify it. The only way to remove it
then is to burn it, or to crumble it and throw it into the sea or
scatter it to the wind (Shulchan Aruch 443, 1).
However, the poskim disagreed concerning the question from
what time one calculates day time. The author of Magen Avraham
holds that it begins at dawn, that is, from when the first light becomes visible in the east. The view of the Gaon of Vilna (the Gra), is
that it begins at sunrise, that is, from the time when the sun itself
becomes visible in the east. The difference between dawn and
sunrise is more than an hour; thus, for every halachah that depends
on the hours of the day, calendars list two times. The earlier one is
according to the approach of Magen Avraham, and the later one
according to the approach of the Gra. This is true concerning the
recitation of Shema, which must be done by the end of the first
three hours of the day, and it is true also about the Shacharit prayer,
whose time is until the end of four hours (For a more detailed explanation
of establishing times of prayer, see the book, "Peninei Halachah on Prayer", chapter 11,
part 10, note 14)
In actual practice, since the final times for eating and benefiting
from chametz are of rabbinic origin, along with the sale of chametz
and its nullification, the halachah follows the more lenient view,
since in every case of doubt in a matter of rabbinic origin the
halachah follows the lenient view. Nevertheless, it is good to be
stringent, l’chatchila, when that is possible (Mishna Berura 443, 8).
9. There is a question that comes up regarding a person who is in Israel and his chametz is in
America and the person wants to sell his chametz. The issue is whether the end of the fifth
hour (until when the chametz can be sold) is measured according to the location of the
person or the location of the chametz, which in this case is around seven hours
after the end of the nullification (and selling) time of the chametz in Israel.
According to most poskim, we follow the location of the person, although there are
some who hold that one should follow the location of the chametz. Preferably, we
should follow the earlier time, but if this is not possible, we follow the location of
the person, and this is what the Igrot Moshe writes in Vol. 4 94-95. See also the
Piskei Teshuvot 443:1 who summarizes the opinions.
The first opinion is quoted in the name of the Magen Avraham, even though he
himself was unsure of the answer. The book Hilchot Chag B’Chag Chapter 8 Note 4
summarizes the topic of the Jewish time calculations. And see also the Rama in
443:1 and the Mishnah Berurah 9, that according to the Terumat HaDeshen this
particular issue is assessed using regular times, and in situation of potentially
huge losses, it is permissible to rely on this opinion. Also in Hilchot Chag B’Chag
7. The Order of Removing the Chametz
As we have learned, we clear out the chametz from our homes
both in deed and in thought. The process of removal consists of
four stages: to search, nullify, clear out, and nullify once again. Let
us describe this process in detail. The removal begins with the
search for chametz that takes place on the evening preceding the
fourteenth. The search is aimed at making certain we have no more
chametz in our home, other than the chametz that we are keeping for
eating and for removal. Immediately after the search, we nullify the
chametz for the first time; this is the removal in thought. The next
morning we physically remove the remaining chametz in our
possession in actual deed. The custom is to clear it out by burning
it. After the burning, one nullifies the chametz again.
There are two more possible ways of disposing of the chametz:
by selling it to a non-Jew, or by declaring it ownerless. For, as we
have already learned, we violate bal yera’eh and bal yimatze only for
chametz that belongs to us and it is only chametz that is in our
possession that we are commanded to clear out. Thus if we sell the
chametz to a non-Jew or declare it ownerless, we will not violate
any prohibition on its account.
Thus the search, the removal, and the nullification are actions
directed against the chametz with the aim of ending its existence. By
way of contrast, declaring the chametz ownerless and selling are not
directed against the chametz to destroy it, but rather their aim is to
remove the chametz from our possession so that we do not violate
the chametz prohibitions on its account. With the search, the
clearing out, and the nullification, we wage war against the
chametz, whereas by the sale and the declaration of it being
4 in the notes, the author explains the law in extreme situations where a
person forgot to sell or nullify his chametz by the end of the fifth hour.
ownerless, we evade the responsibility it places upon us. These are
all ways to remove the chametz.
Now that we have learned the foundations of the mitzvah of
removing the chametz, in the coming halachot we will explain the
detailed laws of removal of the chametz. We will begin with the
halachot of the search for chametz, with which we begin our
campaign against the chametz. After that, we will continue on to the
halachot of nullifying and clearing out the chametz. Then we will
deal with the laws of selling chametz to a non-Jew, for a person who
wants to preserve the value of his chametz and free himself from the need to clear it out.
