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- Pesach
109
If one travels abroad before Pesaĥ and plans to return home after Pesaĥ, his performance of bedikat ĥametz depends on when he departs: if he departs within thirty days of Pesaĥ, i.e., from Purim onward, he must search his home for ĥametz before leaving. That he will certainly nullify his ĥametz has no bearing, because, as we have learned, the Sages ordained that in addition to bitul ĥametz, one must perform bedikat ĥametz, and since he is still at home within the thirty days before Pesaĥ, the mitzva of bedikat ĥametz already applies to him. Therefore, he must perform bedikat ĥametz on his last night at home. However, he does not say a berakha over this search because it is conducted before the time the Sages ordained for searching (as explained in 3:4 above).
If one leaves home more than thirty days before Pesaĥ, i.e., before Purim, he need not perform a search before he leaves. Then, on Erev Pesaĥ, he must nullify all of the ĥametz in his possession so that he does not transgress by possessing ĥametz. When he returns home after Pesaĥ, he must physically dispose of all of the ĥametz in his home.
However, if at the time of departure one intended to return to his home before Pesaĥ, the Sages ordained that he must perform bedikat ĥametz before leaving, even if he sets out at the beginning of the year. This is because something could go wrong on his journey, preventing him from returning in time for bedikat ĥametz (Pesaĥim 6a, according to Rambam). However, if one appoints a shali’aĥ to search on his behalf on the night of the fourteenth in case he is unable to return in time, he is not required to search before his departure. Nowadays, when one can make a phone call from anywhere in the world, one need not search before setting out on a trip because even if he is unable to return in time for bedikat ĥametz, he can ask a friend or relative to search on his behalf (see Sidur Pesaĥ Ke-hilkhato 12:13).
The poskim differ over what should be done when one was supposed to perform bedikat ĥametz before traveling but forgot to do so. Some say he must return and others say he need not. Therefore, if it is very difficult for him to return, and he cannot find a shali’aĥ to perform bedikat ĥametz for him, he may rely upon his bitul ĥametz (BHL 436:1, s.v. "zakuk"). Then, after Pesaĥ, he must burn or destroy the ĥametz he nullified, because if he derives benefit from it after Pesaĥ, he demonstrates that his nullification was insincere. The same applies any time one nullifies ĥametz but does not remove it – the Sages forbid eating or deriving benefit from it after Pesaĥ (SA 448:5). The best thing to do when one forgot to search his house before traveling is to rent it to a gentile and sell him all of the ĥametz.
11.Does Renting One’s Entire House to a Gentile Exempt It from Bedikat Ĥametz?
Some families leave home for the entire Pesaĥ holiday, and the question arises: Can these people exempt themselves from cleaning and searching for ĥametz by selling or renting their entire house to a gentile?
The poskim differ on this issue. Some take the lenient position that since the house is not actually in the owner’s possession on Erev Pesaĥ, he is not obligated to search it (Ĥok Yaakov; Gra’s understanding of Tur and Rema). Many others, however, take the stringent position that since the owner lives in this house during the thirty days prior to Pesaĥ, it becomes incumbent upon him to perform bedikat ĥametz there. Only if he moves to another house in which he will become obligated to search for ĥametz will he be exempt from searching the house he rented or sold to the gentile (SA 436:3, MA ad loc., and SA Ha-Rav’s understanding of Tur and Rema). In addition, it is inappropriate for one to avoid performing the mitzva of bedikat ĥametz.
In practice, in order to satisfy all opinions, one should sell or rent his entire house except for one room, and in it he fulfills the mitzva of bedikat ĥametz. Once one has fulfilled the mitzva of bedikat ĥametz in this room, all poskim agree that there is no need to search the rooms that have been sold or rented to a gentile.
In Eretz Yisrael, it is forbidden to sell a house to a gentile (SA YD 151:8), and it must therefore be made clear in the sale of ĥametz contract that a rental is being transacted. In addition, the homeowner must sell the ĥametz in all of the rented rooms, and by doing this, he becomes exempt from searching these rooms. 8
When possible, it is best to rent one’s house before the night of the fourteenth, because some poskim maintain that if, on the night of the fourteenth, the rooms are still in the homeowner’s possession, he becomes obligated to search them (Mekor Ĥayim and Ĥayei Adam). When it is difficult to rent out the house before the night of the fourteenth, as most rabbinical authorities execute the sale (and rental) on the morning of the fourteenth, one may rely on the lenient opinions. Since he intends to rent out these rooms, there is no longer a fear that he will violate bal yera’eh and bal yimatzei, and he therefore need not search them (Binyan Olam, Ĥatam Sofer, as cited in MB 436:2).
The utensils and the stove should be cleaned of all substantial ĥametz before Pesaĥ, for if this is not done, it will be necessary to clean them after Pesaĥ in order to avoid eating ĥametz she-avar alav ha-Pesaĥ (ĥametz that remained in a Jew’s possession during Pesaĥ). However, it is not advisable to sell the utensils to a gentile, because this will necessitate immersing them in a mikveh after Pesaĥ, in keeping with the law regarding utensils bought from a gentile. To sell the ĥametz on them, or absorbed into them, makes no sense at all, as will be explained in 6:4 below.
12.Bedikat Ĥametz after the Proper Time and the Status of One Who Rents a Hotel Room
The Sages ordained searching for ĥametz on the night of the fourteenth of Nisan. If one did not search at this time, he is required to do so on the fourteenth by day, and to say a berakha over the search. If one did not search before Pesaĥ at all, he must search on Pesaĥ, with a berakha. The fact that he nullified his ĥametz before Pesaĥ does not change this, because he is still required to fulfill the Sages’ enactment, and secondly, because there is a possibility that he will come across some ĥametz during Pesaĥ and, forgetting the prohibition, eat it. If, after Pesaĥ, one suddenly realizes that he did not perform bedikat ĥametz, he must do so, in order not to violate the rabbinic prohibition of ĥametz she-avar alav ha-Pesaĥ. This search, however, requires no blessing (SA §435).
One who rents a hotel room has the status of a tenant. This is because he pays for the room, it is at his disposal, he receives a key to lock and unlock it, and strangers and hotel personnel are only allowed to enter with his permission. Therefore, he is commanded to recite a berakha and search his room on the night of the fourteenth, and afterward he must nullify any ĥametz in his possession that may have gone undiscovered. One who checks into a hotel during Pesaĥ must inquire whether the rooms were searched for ĥametz. If they were not searched for ĥametz, but were merely cleaned in the routine manner, the guest himself is obligated to search. In this case, no berakha is required.
A hospital patient is required to search his room and his closet on the night of the fourteenth. However, no berakha is said over this search, since the room is not at his disposal; at any time he can be moved to a different room, and other patients can be moved into his room. 9
A hotel owner is required to perform bedikat ĥametz in every room of his hotel, and if it is difficult for him to do this himself, he can hire a shali’aĥ. Regarding rooms rented to gentiles, or to Jews who do not perform bedikat ĥametz on the night of the fourteenth, a problem arises. On the one hand, the rooms are rented to them, and the owner cannot force them to keep halakha and search for ĥametz. On the other hand, if they vacate during the holiday, he will have to search their rooms immediately and remove any ĥametz left behind, and he might not have time to do this. The solution, therefore, is to sell or rent all the hotel rooms to a gentile before Pesaĥ, and to have the hotel owner serve as an intermediary during Pesaĥ between the gentile and the guests.
13. Synagogue, Dormitory, and Yeshiva
Synagogues and batei midrash (Torah study halls) require bedikat ĥametz on the night of the fourteenth, because people sometimes eat ĥametz in them. This is true even of synagogues where people generally do not eat, for children sometimes enter them with ĥametz (SA 433:10). However, when it comes to saying a berakha over this search, there is some uncertainty. Therefore, it is best that the person responsible for searching the beit knesset first search his own home, and when saying the berakha there, intend to include the synagogue. 10
Boys or girls living in a dormitory and paying for this facility have the status of tenants, and if a kezayit of ĥametz remains in their room during Pesaĥ they violate bal yera’eh and bal yimatzei. Therefore, they are obligated to search their rooms before Pesaĥ, and if they will be staying there during Pesaĥ, they are required to search on the night of the fourteenth with a berakha. If they leave the dormitory a number of days before Pesaĥ, they are required to search on the night before they leave, without reciting a berakha. 11
The responsibility for searching the rest of the rooms and halls in the yeshiva belongs to the yeshiva administration. It is also possible for them to sell the rooms to a gentile and thus exempt themselves from the obligation to search.
One who buys or begins renting a home before Pesaĥ must search it even if he has not yet occupied it, because the previous resident may have left some ĥametz there. Since the house is in his possession, this ĥametz will cause him to violate bal yera’eh and bal yimatzei. If he owns another house where he will be fulfilling the mitzva of bedikat ĥametz, he can sell or rent out the new home to a gentile and thus exempt himself from the obligation to search it (see section 11 of this chapter above).
14. Ĥametz Buried under a Pile of Dirt and the Question of Searching a Storeroom
If ĥametz is buried under less than three tefaĥim (24 cm) of stones, dirt, and the like, it is not considered to have been disposed of, and it must be uncovered and disposed of before Pesaĥ. This is because it is possible for a dog to smell it and dig it up.
However, if the ĥametz is covered by more than three tefaĥim, it is considered to have been disposed of and does not cause one to transgress bal yera’eh and bal yimatzei. Therefore, it need not be dug up and disposed of. Bitul ĥametz is nonetheless required, because it is possible that some of the stones will be moved during Pesaĥ, and the ĥametz will no longer be covered by three tefaĥim, causing the person to violate bal yera’eh and bal yimatzei. 12 Likewise, in a case where ĥametz falls into a pit in one’s yard, if it is the sort of pit one does not generally enter, one may nullify the ĥametz without extracting and disposing it.
Accordingly, if ĥametz is stuck behind a wall cabinet and impossible to remove without first taking the cabinet apart or emptying it out and moving it, one need not remove the ĥametz. In this case, one may rely upon its bitul (SAH 333:19). If ĥametz is located where it can only be removed with some difficulty, one may pour bleach or soapy water on it until it is no longer fit for consumption, and hence no longer considered food (not even for an animal). Once this has been done, it need not be removed.
A storage room where one keeps articles not in use or merchandise that he does not intend to use until after Pesaĥ need not be searched for ĥametz. It is sufficient to nullify any ĥametz that might be there. However, if one wishes to fill the storage room during the thirty days prior to Pesaĥ, he must search it first, because the obligation to prepare for Pesaĥ has already taken effect. If one did not search it beforehand, it must be thoroughly searched for ĥametz on the night of the fourteenth (SA 336:1). If it is difficult to move all of the storeroom’s contents in order to carry out the search, one may sell or rent it to a gentile and thus exempt oneself from the obligation to perform bedikat ĥametz there.
