Shulchan Aruch: Chapter 436 - The Laws Applying to One Who Sets out on a Sea Voyage or Journeys by Caravan

SECTION 436 The Laws Applying to One Who Sets out on a Sea Voyage or Journeys by Caravan (1-23)

1 [The following laws apply when a person] leaves his home1 and [travels] to another city before Pesach2 and does not intend to return home until after Pesach3 – or he does not ever intend to return to his home – and he does not leave anyone in his home who could conduct the search [for chametz] when the time for the search arrives:4 If he departed within the 30 days before Pesach,5 since questions are [already being] raised regarding the laws of Pesach, and [these laws] are being expounded upon [by the Rabbis during this time period,6 the obligation] to show care for and fulfill all the commandments of our Sages [already] becomes incumbent on [the householder.7 The householder] is therefore obligated to search by candlelight all the rooms [of his home] on the night preceding his departure. If [the householder] forgot and did not search at night, he must search during the day by candlelight.8

Immediately after searching, [the householder] should nullify [his possession of] all his chametz that he does not know [he possesses, and] that he failed to find in his search,9 as ordained by our Sages, who instructed that one nullify [his possession of chametz] immediately after searching [for it] for the reason explained in sec. 434[:13]; consult that source.

[The householder] should not recite the blessing al biur chametz for this search, as he does when searching on the night of the fourteenth [of Nissan. The rationale is that he] is not [searching for chametz] at the primary time that our Sages ordained [for the search],10 i.e., the night of the fourteenth [of Nissan] (and from then until the end of the festival, as stated in sec. 435[:2, 4]).11

Immediately prior to his departure, [the householder] is obligated to remove all the chametz [that exists] in his entire domain in the city from which he is departing. If he has young children12 at home, and he must leave them chametz to eat, he should remove [the chametz that his children will need to eat] from his house [and leave it] in the home of another person. [The householder] should leave the chametz for [his children] to eat in that place, and lock his house and all the rooms that were searched to make sure that no one will bring any chametz there. Were [the householder] not to do so, his search would be of absolutely no value.13

2 If, however, [the householder] leaves in his home [either] his wife, his sons, and/or the mature14 members of his household, who have the intellectual capacity and are able to search according to all the requirements of the search mentioned in section 433, [the householder] need not search at all before he departs. Instead, [the householder] should instruct one of [the mature members of his household who is remaining in the house], appointing him as an agent to search and nullify the chametz15 when the appropriate time arrives. [This is entirely acceptable,] because [the actions of] a person’s agent are equivalent to his own.16^,*

See sec. 432[:10, which states that], as an initial preference, it is desirable to refrain from appointing a woman as an agent to search for chametz. See [also] sec. 434[:15, which states] that [even though one appoints an agent to nullify his possession of chametz], it is proper that he too nullify [his possession of it] in the place where he is located when the time for the nullification arrives. Consult that source.

3 If [the householder] forgot and departed from his home without instructing any one of [the individuals mentioned above] to search [for chametz], they are nevertheless obligated to search. [The members of the household must] even [search] those rooms into which they did not bring chametz after the householder left his home and [also] those rooms into which they will not enter at all on Pesach, and thus they will not [find themselves in a situation where they would inadvertently be tempted] to partake of the chametz that is inside [these rooms. The rationale is that] since the householder became obligated to search all the rooms that must be searched,17 the individuals who remain in his house are obligated to free him from his obligation [by searching in his stead], for all Jews are responsible for each other.18

4 After the search, it is desirable that [the members of the household remaining at home] also nullify [the householder’s possession of chametz], even though their [declaration of] nullification is not all that effective, since the chametz does not belong to [the members of the household], nor did the householder instruct them to nullify [his possession of the chametz], nor did [the householder] appoint [those remaining in his home] as agents for this purpose.19^,* Nevertheless, there is reason for concern that perhaps, in the place where [the householder is presently] located, the householder will forget to nullify [his possession of this chametz]. Since he is not occupied in searching for the chametz and obliterating [it], he is likely to forget [to nullify his ownership of his chametz in his home], and [thus, his possession of this] chametz will not be nullified at all. [Hence,] it is preferable that [those remaining at home] nullify [the householder’s possession of the chametz] rather than not have [the householder’s possession of] the chametz nullified at all. It is appropriate to warn [these individuals] concerning this, so that they do not enter a situation where there is doubt [whether the householder’s possession of the chametz was nullified].20

* Although it can be assumed that the householder is satisfied [with the members of his household’s nullification of the chametz on his behalf,] nevertheless, for [their nullification to be effective, the householder] must explicitly reveal his intent [that he desires that the members of his household act as his agents]. Otherwise, the [declaration of] nullification [by] an agent is not at all effective, as mentioned at the end of sec. 434; consult that source.

5 [The following laws apply] if [the householder] departs more than 30 days before [Pesach], even when he does not leave anyone at home to search [for chametz on his behalf].21 If [the householder] did not intend to return to his home until after Pesach, he is not required to search at all before his departure. [The rationale is that the obligation] to show concern for the Pesach requirements has yet to become incumbent upon him.

When the day before Pesach arrives, he should nullify [his possession of] all the chametz he owns in his entire domain. He should not recite a blessing when [making] this [declaration of] nullification.22 [The rationale is that] fundamentally, nullifying [one’s possession of chametz] is [dependent on the feelings of one’s] heart, as explained in sec. 334[:7], and blessings are not recited on [feelings] within one’s heart.23

6 To [which places] does the above apply? To those rooms that one is obligated to search on the night of the fourteenth [of Nissan] only [due to] Rabbinic Law,24 but according to Scriptural Law, there is absolutely no concern that an olive-sized portion of chametz may be located there,25 for example, storage rooms for wine and oil from which one takes supplies for a meal26 and the like, and [similarly,] all other rooms where one does not frequently use chametz on an ongoing basis. According to Scriptural Law, even if one did not nullify [his possession of] his chametz, he is not at all required to search these [places]. Nevertheless, our Sages ordained that [these areas] be searched.27 [However, our Sages also] stated that their ordinance is not incumbent on one who leaves his home more than 30 days [before Pesach. Instead, the householder] need [merely] abide by the Scriptural Law.

[Different laws,] however, [apply to] a house and its rooms where [a person] frequently eats chametz throughout the year, and [where] it is impossible that an olive-sized piece of chametz did not crumble and fall there. [A person] is obligated to search for and obliterate the chametz in [these places] according to Scriptural Law28 when midday of the fourteenth [of Nissan] arrives,29 as it is written,30 “Yet, on the preceding day, you shall obliterate [s’or from your homes…].” This [person, however,] is leaving his house and will not return before Pesach. [Consequently,] when midday of the fourteenth [of Nissan] arrives, [the person] will be unable to search for and obliterate the chametz in his home. Hence, the mitzvah to obliterate [chametz] becomes incumbent upon him by Scriptural Law the moment he departs his home.31 [The rationale is that] according to Scriptural Law, there is no difference between [the period of time] less than 30 days before [Pesach] and [the period of time] more than 30 days [before Pesach].32 Since the mitzvah to obliterate chametz becomes incumbent on [a person], he also becomes obligated [to observe] our Sages’ decree that this obliteration is not fulfilled merely by nullifying [one’s possession of chametz] and declaring it ownerless, but is only fulfilled when one [actually] removes [the chametz] from his home and from his entire domain.33

There are [other authorities] who differ [and do not accept this stringency].34 They maintain that even if there definitely is a very large amount of chametz in [a person’s] home, he need not be concerned about it if he departs more than 30 days before [Pesach. Instead,] it is sufficient for him to nullify [his possession of his chametz] in the place where he will be on the day before Pesach. Moreover, this nullification is merely Rabbinic [in origin]. According to Scriptural Law, he does not violate the prohibitions against having [chametz]seen [in his domain] and possessing [chametz] because of the chametz in his home, since [that chametz] is not accessible to him during the days of Pesach. [This concept is implied by] the wording of the Scriptural [prohibition],35 “[S’or] shall not be found,” [i.e., chametz] that is accessible to you [is forbidden to be found. Thus, for this individual,] this chametz [that is found in his home resembles] chametz over which a landslide fell.36 [These authorities accept the conception] that [chametz over which a landslide fell] is considered as having been obliterated from existence entirely.37 [According to these authorities,] it is not even necessary to nullify [one’s possession of such chametz] according to Scriptural Law, only according to Rabbinic Law. [The rationale is that] according to Scriptural Law, one does not violate [the prohibitions against] having [chametz]seen [in his domain] and possessing [chametz when the chametz lies buried under a landslide and is wholly inaccessible].38 Similarly, during Pesach, [when a person left his home beforehand, the chametz that is found in his home] is not accessible to him [and thus, this chametz] is considered as obliterated with regard to [this person].39 It is only that our Sages decreed that, initially, [a person] does not fulfill his obligation [if his chametz is] “obliterated” in such a manner. [Therefore,] before [the person] leaves his home, he is obligated to utterly obliterate [his chametz] as required by law if he departs within 30 days [of Pesach]. However, [when the person departs] more than 30 days before [Pesach, this] Rabbinic decree is not incumbent on him. According to Scriptural Law, [a person] may [even] initially obliterate [his chametz] through this [manner of] obliteration40 – i.e., [one may] depart from his home so that when Pesach commences, the chametz will not be accessible to him, and will thus be considered as obliterated.

With regard to halachah, as an initial [and preferred] option, weight should be given to the first opinion.41 Nevertheless, after the fact, [if] one forgot [to search for chametz] and departed from his home without obliterating the chametz in it, and [while on his journey] he remembered [that he had not searched his domain for chametz], and it would be difficult for him to return and [actually] obliterate [the chametz], he may rely on the second opinion. He need not return to his home to obliterate [the chametz] if he departed more than 30 days before [Pesach].

7 [Different rules apply when,] by contrast, [a person] forgot [to search his domain for chametz] and departed from his home within 30 days of Pesach without having obliterated the chametz [located] inside [hishome], but remembered after having set forth for several days on his journey.42 Even though much difficulty and severe financial loss is involved in returning home, he is obligated to return home if he knows with certainty43 that there is an egg-sized amount44 of chametz in his home.45 Alternatively, he may appoint an agent to go to his house and obliterate the chametz from it.

[An exception is granted] if he is traveling for the sake of a mitzvah, as will be explained at the end of sec. 444. See all the particulars pertaining to this law [explained] there.

8 All the above46 applies when [a person] does not intend to return [home] until after Pesach, or when he never intends to return [to this residence]. If, however, [the person] intends to return [home] in the middle of Pesach, even if he left [his home] at the beginning of the year – i.e., after Pesach [of the] previous [year] – before he departs, he is obligated to search47 all the rooms that must be searched on the night of the fourteenth [of Nissan],48 even those [rooms] which must only be searched according to Rabbinic Law.49 [The rationale is that] he will be returning home in the middle of Pesach, and there is room for concern that [upon his return] he will forget and partake of the chametz that he will find in his home and in his other rooms where it is common to bring in chametz at times.50

9 If, however, [the person] intends to return before Pesach, even if there is certainly much chametz in his home, it is not necessary for him to obliterate [his chametz] before he departs. [This leniency applies] even if he departs within 30 days [of Pesach.51 The rationale is that] he will be able to obliterate [his chametz] when he returns to his home.* There is no concern that he will return home on the day before Pesach shortly before nightfall, and he will thus not have the opportunity to obliterate [his chametz] before [the beginning of] the festival. [The rationale for the lack of concern is that] it can be assumed that since [the person] intended to return before Pesach, he will certainly hurry and hasten his return [so that he is able] to come before the fourteenth [of Nissan] in order to be able to search his rooms on the night of the fourteenth as ordained by our Sages, and [then] obliterate the chametz at the time [prescribed for its] obliteration.

* If [the person] changed his mind after leaving his home and setting out on his journey, and [decided] not to return to his home before Pesach, but rather [to return] in the middle of the holiday, he need not send an agent to his home to obliterate the chametz that is there.52 [Instead,] even if there is certainly a large amount of chametz [in his home], it is sufficient for him to nullify [the chametz in his home] while [abiding] in the place where he will be located on the day before Pesach. [He is granted this leniency] because he was permitted to leave his home [without searching for chametz, since] his original intent was to return before Pesach.

10 When does the above apply? When one departs on an [ordinary land] journey. [However, different laws apply when] one sets out from land on a sea journey, or [joins] a caravan to journey to a distant location. [In those instances,] even if one departs from his home at the beginning of the year53 and intends to return a long time before Pesach, he is obligated to search all his rooms – even those that are required to be searched only by Rabbinic decree – before he departs.54 [This stringency was instituted] because those who set out on a sea journey or join a caravan to a distant location are often beset by numerous [unexpected] factors and circumstances during their journey. [Therefore,] there is room for concern that [the person] will be greatly delayed on the journey and he will not return home until close to nightfall on the day before Pesach. [Thus, the person] will not have the opportunity to obliterate [his chametz] before the festival.55

Other authorities differ [and do not make this distinction. These authorities] maintain that the law applying to one who sets out on a sea voyage or on a caravan journey is the same as that which applies to one who sets out on an ordinary [land] journey. One may rely on their words in a pressing situation,56 e.g., [the person] forgot [to search for chametz] and left home without obliterating the chametz there, and remembered after he journeyed far from his home, and it is impossible for him to leave the ship or the caravan.

11 Whenever one is obligated to search [his house for chametz] before he departs, and he forgot or transgressed and left home without searching [for chametz], although he is obligated to nullify [his possession of his chametz] in the place where he is located on the day before Pesach – and [moreover,] there are authorities who maintain that this nullification is required by Scriptural Law, as stated above57 – nevertheless, he should not recite a blessing over this nullification, for the reason mentioned above.58

12 [The following rules apply with regard to] any room which must be searched on the night of the fourteenth [of Nissan] – whether it must be searched according to Scriptural Law or merely according to Rabbinic Law – that a person wants to use as a storeroom59 (i.e., he wants to place produce, wood, or other objects in [that room], and hence, he will not be able to search [the room] as required by law on the night of the fourteenth):60 If he intends to remove the stored objects [from the storeroom] in the middle of Pesach, he is obligated to search this room initially, [before storing the items there,] at night by candlelight.61 [Only] afterwards may he bring in the objects he [desires to store. This requirement applies even if the person stores the items at] the beginning of the year, i.e., directly after the previous Pesach [has concluded].62

If [the person] transgressed or forgot, and brought in the objects [he seeks to store] before he searched [the room], he is obligated to remove the stored objects and search [the space] below them immediately after he remembers. [This requirement applies] even if [doing so] involves much difficulty and financial loss.63

13 If, however, [the person’s] intent is to empty the storeroom [of all its contents] before Pesach, he need not be concerned with it even if there is definitely a large amount of chametz in this room. He may place the stored objects on [top of the chametz], even if it is within 30 days of Pesach.64 [If he has not done so previously,] when the night of the fourteenth [of Nissan] arrives, he should remove [the stored objects] and search under them.

There are authorities who [differ and] maintain that even if [the person] intends to remove [the stored objects] before Pesach, he is obligated to search [the room] first, [before bringing in the objects to be stored there,] even from the beginning of the year [i.e., shortly after the previous Pesach. According to these authorities, this stringency applies] even to a room that only needs to be searched according to Rabbinic Law.65 [The rationale is that] the Sages were concerned that [the person] might begin to remove [the stored objects from the room] before the night of the fourteenth, but not complete [the task. In this instance, the piles of stored objects] remaining [in the storeroom] covering [whatever] chametz [might be there] will be less than three handbreadths high. [Furthermore, the Sages were concerned that] when the night of the fourteenth arrives, he would forget about the chametz [that might exist] below the stored [goods], since it is hidden from view. Thus, he will not have in mind to remove [the chametz] from there. Even though he will nullify [his possession of the chametz], he will have violated the Sages’ ordinance that [merely] nullifying [his possession of chametz] and declaring it ownerless is not effective at all [to free a person from the Rabbinic prohibitions against possessing chametz].66 (If, however, a height of three handbreadths [of stored goods] remains [covering the floor, any chametz that may lie under the stored goods] is as if it was entirely obliterated, like chametz over which a landslide three-handbreadths high fell, as explained).67

With regard to the halachah, one should follow the stringencies of the latter opinion68 unless a severe loss is involved, e.g., [the person] already brought in [the objects he desired to] store before he obliterated any chametz [in the room], and immediately removing [the goods] and [then] bringing them back [into the room] would involve a financial loss.69 In such an instance, one may rely on the first, [more lenient] view.70

14 [The following rules apply] if the person does not intend to remove [the objects from] the storeroom until after Pesach: If [he wants to place objects in the storeroom] within 30 days of Pesach, since the ordinance the Sages instituted because of [the approaching] Pesach [holiday] already became incumbent upon him, he is obligated to search this storeroom initially by candlelight at the beginning of the night.71 [Only] afterwards may he bring in the [objects he wishes] to store.

If it is more than 30 days [before Pesach], he need not search [the storeroom] beforehand.72 Instead, it is sufficient for him to nullify [his possession of this chametz] when he nullifies [his possession of] all his chametz on the night of the fourteenth [of Nissan].73

15 [The above rulings apply] even with regard to a room [that one is] obligated to search according to Scriptural Law, [although] with regard to [a place where a search is required according to] Scriptural Law, there is no difference between [the period] within 30 days [of Pesach] and [the period] before that time, as explained above;74 consult that source.

Nevertheless, since [the person] is storing [objects] on [top of] the chametz in this room, the chametz that is under the stored [objects] resembles chametz over which a landslide fell, which is considered as obliterated entirely, according to Scriptural Law. [Hence, he need not search under the stored objects for chametz. Indeed,] it is not even necessary to nullify [one’s possession of this chametz] except according to Rabbinic Law, as explained in sec. 433[:30]. Nevertheless, the Sages decreed that initially, one should not obliterate [his chametz in such a manner. This ruling applies only if] a landslide fell [on the chametz] through natural causes. However, one should not intentionally cause a landslide to fall [upon chametz,] nor store [objects] upon [chametz] within 30 days [of Pesach], even though he nullifies [his possession of] this chametz and declares it ownerless verbally and [considers it ownerless] in his heart.75 However, [the Sages] did not [include the period of time] more than 30 days before [Pesach] in this decree.

[Different rules apply] according to the authority who maintains that chametz over which a landslide fell is not considered as utterly obliterated from existence. [According to this authority,] if [the owner] did not nullify [his possession of this chametz] before the onset of midday on the fourteenth [of Nissan], he is obligated by Scriptural Law to clear the landslide, remove [the chametz], and utterly obliterate it from existence, as explained in sec. 433[:30]. If so, even though it is more than 30 days [before Pesach, according to that authority,] when [the person] places the [objects he wishes] to store on top of [the chametz], he immediately becomes duty-bound [to observe the] Scriptural obligation to obliterate this chametz which is under the [objects] stored in this room. [This chametz] would not be able to be obliterated on the day of the fourteenth [of Nissan] because of the stored [objects] that are on [top of] it, which [the person] does not intend to clear before Pesach. [Moreover, the person] also becomes duty-bound [to uphold] the decree of the Sages, who ordained that the obliteration required by the Torah may not be fulfilled merely by nullifying [one’s] possession [of the chametz] and divesting [his] ownership [of it]. Rather, [this chametz] must actually be obliterated, as explained above.

With regard to the halachah, as an initial preference, one should follow the stringency of the latter opinion. After the fact, however, [once the person] has already brought [the objects he desires to] store into [that room], he is not required to remove [the objects] and search beneath them, even if there is definitely a large amount of chametz under [the objects]. Instead, it is sufficient for him to nullify [his possession of the chametz under the objects.76 The rationale is that] after [one’s possession of the] chametz is nullified, the obligation to obliterate it is merely Rabbinic in origin. And in questions of Rabbinic Law, one may follow the more lenient view,77 as [reflected in] the first opinion.

16 If, however, one transgressed or forgot and brought [objects] into [a room to] store within 30 days [of Pesach without first searching the room for chametz], he is obligated to remove the stored [objects] and search under them immediately upon remembering. [This ruling applies] even when there is doubt whether chametz is definitely there, and the necessity to search that room is only according to Rabbinic Law.78

17 If [a person] stored unleavened wheat [kernels], placing them in a [storage] pit, and subsequently the wheat [kernels] at the bottom and the sides of the pit became chametz79 because of the [natural] moisture of the pit, it is not necessary [for him] to empty the pit on the night of the fourteenth [of Nissan] to remove the kernels that leavened. Instead, it is sufficient for him to nullify [his possession of the leavened kernels. This leniency applies] even if [the person] placed [the kernels] in the [storage] pit within 30 days [of Pesach. The rationale is that] since at the time he made this storage pit, it was permitted to store [the wheat] – for there was no chametz there yet – the laws pertaining to [this wheat] are the same as [those that would apply] were [a person] to have [stored away the wheat] more than 30 days [before Pesach, in which instance] it is not necessary to remove the stored [objects] to obliterate the chametz that is below them, even if chametz is definitely present there, as explained [above].80

18 [Different rules apply] if, at the time [a person] placed [the kernels] in the [storage] pit, there already were [kernels of] wheat that had leavened in the middle of the [storage] pit, but there were fresh [kernels of] wheat three handbreadths high above [the kernels that had leavened]. (The measure [of three handbreadths is specifically mentioned because] when a landslide of that height falls on chametz, it is considered as if [the chametz] was obliterated, as explained in sec. 433[:30].) If these [kernels] were stored [in the pit] within 30 days [of Pesach], he is obligated to remove [the kernels] from [the pit] and separate those that have leavened from [the others. This ruling applies] even if [the wet kernels] have not definitely become chametz, but there is merely a suspicion [that the wet kernels have leavened].

If [the kernels were stored] more than 30 days [before Pesach, the person] need not concern himself about [searching for leavened kernels] when Pesach arrives, even if there is certainly a large amount of chametz there. Instead, he merely needs to nullify [his possession of this chametz], and that suffices.

When he empties the [storage] pit after Pesach and finds wheat [kernels that have leavened] at its bottom, he is forbidden to benefit from them. He is obligated to obliterate [the leavened kernels], as is the law that applies to chametz that existed throughout Pesach.81 [These kernels] are not the same as chametz over which a landslide fell, which is even permitted to be eaten after Pesach. [The rationale is that] when the landslide fell on the chametz, the person did not intend to remove and clear it after Pesach. Instead, [it is as if] the chametz emerged on its own accord after Pesach.82 Therefore, [the householder] should not be penalized and forbidden [to benefit from the chametz], as explained in sec. 433[:34]; see the rationale mentioned in that source.83

In contrast, (were [the owner] to be allowed to benefit from these [kernels of] wheat after Pesach), [initially,] when he would place these [kernels of] wheat into the [storage] pit, he would intend to take possession of them after Pesach when clearing the [storage] pit. Thus, the situation resembles one who “obliterates” chametz and intends to take possession of it again after Pesach. This is not “obliteration” in a complete sense, as will be explained in sec. 445[:2].84 Therefore, the Sages forbade [the owner] from benefiting from [these leavened kernels] after Pesach.

19 When does the above [restriction] apply? When [after Pesach, the owner] finds wheat [kernels] that are split open.85 In such an instance, he is forbidden to benefit from the wheat [kernels] that he found. Similar [laws apply] if he knows with absolute [certainty] that this storage pit contains wheat [kernels] that had completely leavened. In such an instance [as well], it is forbidden [for the owner] to sell anything from the storage [pit] – even to a non-Jew – until he selects [and removes] the leavened wheat [kernels]. However, in an ordinary situation, when [the owner] does not know with certainty that wheat [kernels] that had leavened in a complete sense are found [among the unleavened wheat kernels], he is permitted to take wheat [kernels] from the storage [pit] and sell them, even to a Jew. He need not be concerned that there might be wheat [kernels] that split open among [the kernels stored in the pit. The rationale is that] even if a small amount [of the kernels did] split open, it is likely that they did not leaven [in a complete sense]. Rather [these kernels] became spoiled and rancid, since it is common for wheat [kernels] at the bottom and the sides of a [storage] pit to split open because of spoilage and rancidity, without becoming leavened at all. Furthermore, one could postulate that [these kernels] became chametz after Pesach, and whenever there is a mere doubt regarding [whether] chametz existed in one’s possession during Pesach,86 it is permitted to benefit from [that chametz], as will be explained in sec. 448[:30].87^, *

*Needless to say, [after Pesach] it is permitted to take wheat [kernels] from the storage [pit], grind them [into flour, bake the flour,] and partake of it. Even if [the owner] saw [among the kernels] wheat [kernels] that had become leavened in a full sense, there is no need to remove [them] before grinding [all the kernels into flour. The rationale for this leniency is that] when [the kernels] are ground [into flour], all the flour becomes mixed together, and the flour [from the kernels that possibly leavened] blends thoroughly with the other flour and becomes nullified, [either] because it is mixed with a majority [of permitted substances] or [because it is mixed] with 60 [times its volume of permitted substances]. See sec. 447[:1,88 61],89 sec. 453[:8],90 and sec. 467[:13].

20 When a Jew was living in a house belonging to a non-Jew, and he desires to leave [that dwelling] and dwell in another house in this town or another town, and the non-Jewish [owner] will enter [the Jew’s] dwelling before Pesach,91 it is not necessary [for the Jew] to search the dwelling belonging to the non-Jew that he is leaving, [and obliterate the chametz from there. This rule applies] even if [the Jew] departs [from the home owned by the non-Jew] within 30 days of Pesach, when the obligation to obliterate [his chametz] has already become incumbent on him.92 Even if there is definitely a large amount of chametz [in the home owned by the non-Jew, the Jew] need not obliterate it from there. [The rationale for this license is twofold:]

[a) The Jew] can fulfill the mitzvah to obliterate [chametz] in the house where he will be dwelling on Pesach.93 Even if he will dwell together with another person in a house owned by that person, and [that householder] will search his house and obliterate the chametz by himself, [the guest] nevertheless [is considered as if he obliterated his own chametz. The rationale is that] since the householder will also search for and obliterate the chametz of this [guest], who has used his house from the time [the guest] entered [the house] until Pesach, the householder acts as [the guest’s] agent to search for and obliterate [the guest’s] chametz. [Since the actions of] a person’s agent are equivalent to his own actions,94 it is as if [the guest] himself obliterated his own chametz.

[b) The Jew] does not violate any prohibition for his chametz that remains in the non-Jew’s house, even though it will remain there throughout the days of Pesach. [The rationale is that] since he left the non-Jew’s house and left his chametz there and did not take it with him, he has despaired [of ever recovering that chametz], and has divested his ownership of it, for the non-Jew will certainly take [the chametz left in his house] for himself.

The Sages’ decree that the [mere] nullification of [one’s possession of] chametz and his renouncement of ownership is not effective95 [only applies] when, after one divests [himself of ownership over the chametz], it remains during Pesach in: a) a domain belonging exclusively to this Jewish owner of the chametz, b) a domain belonging exclusively to other Jews,96 or even c) a domain belonging exclusively to a non-Jew, but the non-Jew does not know that the Jew renounced his ownership [of his chametz], and [therefore the non-Jew] will not take [the chametz] for himself.97 When, by contrast, it is known that the non-Jew will take [possession of the chametz] for himself when he finds it in his domain,98^, * there is no greater renouncement of ownership than this.

The Sages decreed that a person’s mere renouncement of ownership [of his chametz] is not effective when [the person] does so verbally and in his heart.99 [There is,] by contrast, [a great difference between such a situation and one] in which the chametz becomes ownerless as a matter of course, e.g., the person placed [the chametz] in the public domain or he placed it in a domain designated exclusively for a non-Jew in an instance where the chametz is ownerless [and the Jew is prepared to let the chametz be acquired] as a matter of course by the non-Jew who owns this domain. [In an instance] of such a great renouncement [of ownership], our Sages did not decree [that a declaration is insufficient], provided [the owner] divested his ownership [of the chametz] before the sixth hour on the day before Pesach. See sec. 445 [:1].100

* [The above applies] even if the non-Jew had not yet discovered the chametz by the onset of the Pesach [holiday], or he discovered [the chametz] but had yet to take it [and claim it as his own. The Jew is nevertheless considered to have divested himself of his ownership of this chametz. The rationale is that] were the non-Jew to have desired to take [the chametz], he could have taken it [at any time. There is no difference] whether [the non-Jew] would have taken [the chametz] because he knows that the Jew gave up hope of recovering it and declared it ownerless, or [whether the non-Jew] would have taken [the chametz by force regardless] because he was in a position of strength and a man of force.

21 [There is a difference of opinion among the Rabbis] if, by contrast, [a person] who leaves the house [in which he dwelled that is owned by a non-Jew] intends to set out on a sea voyage or on a journey by caravan before Pesach, and thus will not be dwelling in a home on Pesach and [hence, he] will not be able to fulfill the mitzvah to “obliterate s’or from your homes.”101

There are authorities who maintain that [the person] is obligated to search [for chametz in] the house of the non-Jew from which he is departing and obliterate the chametz from [this home] if he is departing from it within 30 days [of Pesach] and another Jew is not entering this house in his stead to live [there], but rather the non-Jewish owner of the house or another non-Jew [will be living in this home]. (If, however, another Jew enters in [this person’s] stead, [that other Jew] is obligated to search for and obliterate the chametz that belonged to [the previous Jewish tenant],102 as will be explained in sec. 437[:1-2]; consult that source.)

Although the non-Jew will enter [this house] after the search and will bring chametz into it throughout the days of Pesach, that is not of consequence. [The rationale is that] the Jew is not commanded to take care that there not be chametz in homes belonging to non-Jews on Pesach. [Rather,] the Jew is only searching for and obliterating chametz from this house that he is leaving [so as] to fulfill the mitzvah to “obliterate s’or from your homes,” in which he became obligated when the thirtieth day preceding Pesach commenced if he will not be able to fulfill [this mitzvah] when Pesach arrives. [The rationale is that] during all these 30 days, one is obligated to pay heed of all the requirements of Pesach.103 [Implied is that] according to Rabbinic Law, during these 30 days [a person] is obligated to fulfill every one of the mitzvos of Pesach that he will not able to fulfill when the time for its observance arrives, and that it is possible to observe during these 30 days.

Other authorities [differ and] maintain that [the Jew who is departing] need not search [the home he is leaving that is owned by the non-Jew] at all. Even if a large amount of chametz definitely exists there, [the Jew] need not pay it any heed. Even when there are less than 30 days [to Pesach, the Jew need not search for and obliterate the chametz. The rationale is that] the mitzvah to obliterate chametz never became incumbent on [the Jew], since he will be exempt from [this mitzvah] when Pesach arrives [because] he will not be living in a home. [The rationale is that] the mitzvah to obliterate [chametz] is not incumbent on one’s person, [i.e.,] one is [not] obligated to possess a home from which he must obliterate chametz. Instead, [the mitzvah is that] if [a person] possesses a home and there is chametz in it, he is commanded to obliterate [the chametz]. If, [however,] he does not have a home, the mitzvah [to obliterate chametz] is not incumbent on him at all.

Even if [the person] has a home within 30 days [of Pesach] and there is chametz inside of it, but he knows that he will not have a home when Pesach commences, he is not obligated to obliterate the chametz from [his home] before the time the Sages ordained for its obliteration, even according to Rabbinic Law. [The rationale is that] when Pesach commences, he will not be obligated in the mitzvah to destroy chametz at all [because of this house]. If he will own chametz at that time without [having] a home, he will obliterate [his chametz] at that time, as he is commanded to do.

(With regard to the halachah, one may follow the leniency of the latter opinion.104 One who desires to be stringent, may be stringent regarding his own conduct, but he should not issue such a ruling to others.)

22 All the above applies when the non-Jew enters [the house from which the Jew departs] before Pesach. [The rationale is that] when the non-Jew enters the home, [the Jew] will have divested his ownership of the chametz that is lying there [and transferred it to] this non-Jew as a matter of course. Whenever [the non-Jew] desires to take [the chametz], he will take it. [A different ruling applies] if [the non-Jew] will not enter [the home] until after Pesach, until the middle of Pesach, or until the commencement of the sixth hour on the day before Pesach.105 In that instance, even if the chametz will become ownerless and [will then be acquired by] the non-Jew when he enters his home, this will not be effective [in freeing the Jew from liability for the possession of chametz on Pesach. The rationale is that] since the sixth hour [of the day preceding Pesach] commenced before [the chametz] became ownerless as a matter of course,106 it already became [the person’s] obligation to obliterate this chametz from existence entirely. [Furthermore,] it is no longer possible to declare [this chametz] ownerless, as will be explained in sec. 445[:3].

Therefore, the Jew who is leaving [the non-Jew’s home] is obligated to search [that home including] even those rooms that must only be searched according to Rabbinic Law. [This obligation applies] even if [the Jew] will be living in [another] house in this city or in another city, even though he will be able to fulfill the mitzvah of obliterating [chametz in his new location]. Nevertheless, if he does not search for and obliterate the chametz in the house from which he is departing, he will violate the prohibition against [chametz] being found [in his domain] according to Rabbinic Law. [The rationale is that the Sages] decreed that [merely] nullifying [one’s possession of] chametz and divesting one’s ownership of it verbally and in his heart is not effective at all .107^, *

* When should [such a Jew] search [the house from which he is departing]? If he is going to live in another city, or he is setting out on a sea voyage or on a journey by caravan, he is obligated to search [the house he is leaving] on the night before he departs from the non-Jew’s home. [This applies] if [the Jew] is leaving within 30 days [of Pesach], for then the obligation to obliterate [chametz already] became incumbent upon him. If [however,] he is entering [another] house in [the same] city, even if he leaves the non-Jew’s house more than 30 days [before Pesach], he is obligated to search [the non-Jew’s house] at the [same] time he is obligated to search the house he will dwell in on Pesach, i.e., the night of the fourteenth [of Nissan.108 The rationale is] that [in this way he] will not violate the Rabbinic prohibition against having chametz found [in his domain] as a result of the chametz that is found [in his previous dwelling].

23 During all 30 days before Pesach, it is desirable to be careful and check every activity that one performs so that he will not leave any chametz stuck [to a surface] in a manner that will be difficult to remove [the chametz] when the day before Pesach arrives.