Chametz U'Matzah - Chapter Three

In the second chapter (Halachot 2:3-2:6), the Rambam discusses the theoretical aspects of the search f or chametz. In this chapter, he concentrates on their practical application.

when the obligation to destroy chametz begins (Halachah 1:9)

as explained in Halachah 11, below

The Ramah ( Orach Chayim 445) explains that though chametz can be destroyed through any means, some choose to burn it, utilizing the means required to dispose of notar (leftover sacrificial meat). Just as notar cannot be burned until the morning, similarly, those who follow this custom should not burn their chametz at night.

There is an advantage to waiting to destroy the chametz. As explained in the following halachah, we are allowed to save a certain amount of chametz to eat on the morning before Pesach. By saving the chametz found in the search, we will remember to destroy all the chametz that we possess.

The Magen Avraham (Orach Chayim 434:1) explains that the same law applies to the chametz found in the search. Nevertheless, only the chametz set aside for eating is mentioned, for it is possible that no chametz will actually be found in the search.

as stated in Halachah 1: 10

Accordingly, Shulchan Aruch cautions that the chametz should be covered by a bowl, placed in a cabinet, or hung from the ceiling.

Pesachim 9b also mentions the possibility of children taking this chametz.

Halachah 2:7 explains that a person who finds less chametz than he set aside must search the entire house again. Similarly, if we see a mouse taking the chametz, a second search is required.

the Pesach holiday being celebrated Saturday night. According to the fixed calendar we follow, this is an infrequent, but not totally uncommon, phenomenon.

I.e., Thursday night, the night between the twelfth and the thirteenth of Nisan. Searching with a candle is forbidden on the Sabbath itself. Hence, the search for leaven is carried out on Thursday night. The chametz that is collected is burned on Friday morning.

On Friday and on the Sabbath. On the Sabbath, we are obligated to eat bread at both the evening and morning Sabbath meals.

When the Rabbinic prohibition against eating chametz (Chapter 1, Halachah 9) takes effect. Before that time, the chametz saved for the Sabbath meals should have been completed and disposed of in a way other than burning—e.g., throwing it in the toilet.

The Shulchan Aruch ( Orach Chayim 444:2) suggests burning the chametz on Friday morning, to prevent confusion arising in future years. However, ifone is prevented from doing so, the chametz may be destroyed later on with no compunctions.

The Ra’avad notes that in Pesachim 49a, the majority opinion accepts this decision only as regards Terumah. In contrast, other chametz need not be destroyed until the appropriate time on the Sabbath.
The Beit Yosef (Orach Chayim 444) explains that the Rambam’s decision is based on Pesachim 13b, which differs from the opinion in Pesachim 49a. However, even according to the Rambam, the obligation to destroy the chametz before the Sabbath is not a hard and fast rule. On the contrary, our halachah itself states that one is allowed to keep all the chametz he needs for the Sabbath meals. Rather, this can be seen as good advice, f acilitating the destruction of chametz, which is much easier before the Sabbath than on that sacred day.

so he is no longer the owner and thus does not transgress the prohibitions against possessing chametz.
The halachic authorities note that even when the person does not have any chametz which he knows about, he should nullify his chametz before the beginning of the sixth hour, as is done on Pesach eve every year.

so it is not seen. This obligation is derived from Pesachim 6a, which states such a law as regards chametz discovered on the first day of the festival.

The Rambam forbids destroying the chametz after the fourth hour on the Sabbath itself for the following reason: Since it can no longer be eaten, it is considered muktzeh and cannot be moved any longer.
A basic question is asked concerning the Rambam’s statements: Until the beginning of the sixth hour on Pesach eve, a person may benefit from chametz by giving it to a gentile or feeding it to an animal. Therefore, it should not be considered muktzeh until that time.
The Rivosh explains that since eating is the most important use of chametz, it is considered muktzeh once it can no longer be eaten. However, the Bach considers “the fourth hour” a printing error and amends the Rambam’s text to read “the fifth hour.” All Ashkenazic halachic authorities decide accordingly. Nevertheless, the Magen Avraham justifies the Rambam’s statements, explaining that they apply in a situation where there is no gentile or animal to give the chametz to.
In practice, the following procedure is suggested when Pesach falls on Saturday night. The transfer of chametz and Pesach pots, dishes, and cutlery is carried out on Thursday night or Friday, and no chametz is cooked afterwards. The Sabbath meals should be totally kosher for Pesach and prepared in the Pesach pots. Four small challot are kept in a special place for the evening and morning meals (two for each meal).
They are eaten away from the table, and afterwards, the crumbs are collected and flushed down the toilet. Otherwise, the meals are eaten as all the other meals of the Pesach holiday itself.
As mentioned, it is forbidden to eat chametz on the fourteenth of Nisan after the fourth hour of the day (usually around 9:20 AM). To complete the eating of the above-mentioned challot before this hour, certain synagogues may have to conduct their morning services at an earlier time than usual.

i.e., when Passover comes out Saturday night and the chametz must be destroyed on Friday as explained in the previous halachah.

For we are forbidden to cause terumah to become ritually impure (Rashi, Pesachim 14a). Even though we are destroying the terumah, we must be careful it does not become impure.

Based on Pesachim 15b and 20b, the Kessef Mishneh and Rabbenu Manoach explain that the same principles apply when burning Terumah every Pesach eve until the end of the sixth hour. However, afterwards, when chametz is forbidden according to Torah law, no differentiation is made, and both pure and impure Terumah are burned together.

as Terumah

I.e., their status is pending because a question that arose whether they became impure or not. Generally, the law is that such terumah may not be eaten, perhaps it contracted impurity, nor is it burned immediately as impure terumah, because perhaps it is pure, and the destruction of pure terumah for no purpose is forbidden. Rather, it is left until it is no longer fit to be eaten, and then burned.

Pesachim 15a asks rhetorically: How can we burn the Terumah of questionable status with that which is definitely impure? Perhaps Elijah will come and determine that the former was, in fact, pure.

These words of qualification are added as regards Terumah in contrast to other chametz. (See the previous halachah.) Other chametz is fit to be eaten by all people or beasts. In contrast, Terumah can be eaten only by a priest’s household. Hence, greater precautions should be taken not to leave over extra amounts (Rabbenu Manoach).

when the prohibition against eating begins and they must be destroyed.

Even though searching with a candle at night is preferable, as explained in Halachot 2:3-4, if that is impossible the search should be carried out as soon as possible the following morning.

There is an advantage to carrying out the search in the early morning. In this manner, there will be no last minute pressure or tension to complete the search and the destruction of chametz before the prohibition against possessing chametz takes effect.

before the completion of the fifth hour on the fourteenth of Nisan.

Pesachim 10b explains that even though by searching for chametz a person exposes himself to the possibility of eating the chametz that he finds, nevertheless, a person searching to destroy chametz is highly unlikely to lose sight of the prohibition against eating it.
The obligation to search for chametz in the midst of the festival emphasizes that the Rambam conceives that the mitzvah to destroy chametz applies, not only before Pesach begins, but throughout the holiday. Indeed, this concept can be seen in the Rambam’s words describing the mitzvah in the preface to this text. There, he explains that the mitzvah is to destroy chametz “from” and not “on” the fourteenth of Nisan.
[It must be noted that the adoption of such a position represents a change of mind for the Rambam. In Sefer HaMitzvot (positive mitzvah 156) and in the earlier handwritten texts of the Mishneh Torah, the Rambam writes that the mitzvah is to destroy chametz “on the fourteenth. “]
The definition of the term “in the midst of the festival” is the subject of debate among the commentaries. Some define it as “in the midst of Chol HaMoed,” explaining that since chametz is muktzeh and cannot be moved or destroyed on the first day of the festival, there is no need to search for it at that time (Rabbenu Manoach).
Nevertheless, the Magen Avraham (Orach Chayim 435:1) and the other Ashkenazic halachic authorities require a search on the first day of Pesach itself even though it is Yom Tov. Should chametz be found, it should be covered with a utensil.

This applies even if the person nullified his chametz, and thus did not transgress the prohibitions against possessing chametz on the holiday. Were he not to destroy this chametz, it would be obvious that he had not totally negated his ownership over the chametz, and thus his nullification would be proven as invalid retroactively.

as mentioned in Halachah 1 :4.

Though, as explained in Halachah 2:3, the search for chametz is only a Rabbinic obligation ifone nullifies his chametz, blessings are also recited when fulfilling Rabbinic commandments. (See Hilchot Berachot 11:3.)

This emphasizes that, as explained in the previous halachah, even when searching during the festival, one fulfills a positive commandment.

Pesachim 7b emphasizes that all blessings should be recited before the performance of the mitzvah.

Pesachim (ibid.) debates whether the blessing should state ץםח רועינ לע ( concerning the destruction of chametz) or ץםח רענל (to destroy chametz), and reaches the conclusion stated by the Rambam.
Hilchot Berachot 11: 15 explains that it is not proper to state “to destroy chametz,” since from the moment the person decides to nullify the chametz, the mitzvah to obliterate chametz has been completed according to Torah law. Hence, the expression “concerning the destruction” is more appropriate.
The blessing mentions “the destruction of chametz,” for that is the ultimate aim of the search.

in Halachah 2:3.

Though the Sages also required the search after Pesach, carrying out such a search is not considered the fulfillment of a Rabbinic commandment. The prohibitions against possessing, and hence the mitzvah to destroy, chametz are completed by the end of Pesach. This search is not considered as an end in its own right, but rather was instituted merely to prevent a person from eating the chametz, which is forbidden according to Rabbinic decree.
A parallel can be drawn to the following instance (Shulchan Aruch, Yoreh De’ah 57): Fowl were attacked by beasts of prey and wounded to the extent that they would not recover. Even though they did not die immediately, the Sages required that they be slain, lest another Jew not be aware of their wounds and slaughter them to eat as kosher birds. Needless to say, no blessing is required when killing them for these reasons (Shulchan Aruch HaRav).

as stated in Halachah 2:2.

Pesachim 6b states that the Sages feared that even after a thorough search has been conducted, the possibility exists that perhaps, some chametz will have been overlooked.

for the chametz that is seen must be destroyed, as stated in Halachah 2:3.

The text in most Haggadot is in Aramaic, because that was the language of the common people in Talmudic times. A person who does not understand that text must make the declaration in a language that he comprehends.

Since this statement is being made while it is still possible to benefit from chametz, we do not nullify all the chametz we possess. It is customary to make a second statement nullifying the chametz after burning the chametz in the morning, and in that statement we nullify all chametz “that I have seen or not seen, that I have destroyed or I have not destroyed.”

The text in most Haggadot states “dust of the earth.” Job 28:6 uses the expression בהז תורפע “gold dust,” a substance with obvious worth. By stating “the dust of the earth” we imply that we attach no value to the chametz at all.

Though the prohibition against possessing chametz during the sixth hour is only Rabbinic in origin, the Sages enforced their decree and gave it the same strength as Torah law.

see the following halachah.

The Ra’avad questions the phraseology used by the Rambam, noting that the prohibitions against owning chametz do not begin until the evening. On the day of the fourteenth of Nisan, there is only a positive commandment to destroy chametz.
Most commentaries explain that the Rambam himself intended this interpretation. However, some note that Rashi (Pesachim 4b) does maintain that the prohibitions against owning chametz begin on the fourteenth, and they maintain that the Rambam shares this view (See Responsa, Nodah BiYhudah, Orach Chayim 20).

Tosefot (Pesachim 21a) states that a person does not violate the prohibition against possessing chametz unless he becomes conscious of the chametz in his possession. As long as he is unaware of its existence, he does not violate the prohibition.

Tosefot (Pesachim 6b) states that the prohibitions only apply when the chametz has an intrinsic value, in contrast to crumbs.

as stated in the previous Halachah.

Pesachim (6b) compares the possession of chametz at this time to digging a pit in the public thoroughf are. The pit does not belong to the person who dug it; nevertheless, he must pay for any damages it causes.
Similarly, with regard to chametz, since one is forbidden to benefit from it, it is no longer considered in one’s possession and cannot be sold, bartered, or given away. Nevertheless, the person retaining it is still liable for transgression of the prohibitions involved.

When the chametz is considered muktzeh, and hence cannot be moved.

This statement raises questions among many of the commentators. ln Halachah 3, the Rambam also mentions covering chametz with a utensil. However, in that instance, the person had already nullified his possession of the chametz, and thus his possession of chametz violated only a Rabbinic prohibition.
In contrast, this instance describes chametz that has not been nullified, and thus the violation of a Torah prohibition is involved. Nevertheless, the Rambam considers the Rabbinic prohibition against mukzteh as important enough to override the fulfillment of a Torah commandment. Furthermore, the Kessef Mishneh explains that since the person himself desires to destroy the chametz, and the only reason he f ails to do so is the Rabbinic commandment, he is not considered to have violated the Torah’s prohibitions against possessing chametz.
This view is not accepted by all authorities. Many explain that since three Torah mitzvot (the two prohibitions against possessing chametz and the positive commandment to destroy chametz) are involved, their observance overrides the prohibitions of muktzeh. Others maintain that even if the prohibition against muktzeh must be observed, the chametz can be destroyed by burning it in the place where it is located.
Nevertheless, in practice, the Magen Avraham ( Orach Chayim 446:2), the Shulchan Aruch HaRav, and the Mishnah Berurah do not accept the latter view, and advise waiting to destroy the chametz until after the holiday. They explain that a person is allowed to light a fire on a f estival only if doing so increases his f estive joy. Hence, they prohibit burning the chametz in that manner. However, they mention that, if it is possible, a gentile may be asked to destroy the chametz. Furthermore, in the diaspora, a Jew is also allowed to destroy chametz he finds on the second day of a festival.

consecrated for use in the Temple;

Property consecrated for use in the Temple may never be used for mundane purposes. (See Halachah 4:2.)

The Mishnah (Pesachim 49a) mentions a person who goes out to slaughter the Paschal sacrifice or circumcise his son. The Rambam postulates that the same applies to anyone who leaves his home to perform any mitzvah.

Partaking of such a feast is also considered as equivalent to the fulfillment of a mitzvah. As an example of such a feast, the above Mishnah mentions a feast associated with a betrothal.

In Judaism, marriage is a two stage process. Betrothal )ןיסוריא( involves the consecration of a woman as a wife. However, the new couple do not live together as man and wife until marriage )ןיאושינ( (See Hilchot lshut 10:1-2.

home, and thus, fulfill the mitzvah of destroying chametz as required by the Sages.

If returning home to destroy the chametz will cause him to neglect the fulfillment of the mitzvah with which he is involved,

for by doing so, he fulfills the mitzvah of destroying chametz according to Torah law.
The above applies when the person can still nullify his ownership over the chametz. However, if the person recalls the possession of chametz after the beginning of the sixth hour, he must return to destroy his chametz even if he is involved in the perf ormance of a mitzvah. The only exception is the burial of a corpse who has no one else to tend to him (Magen Avraham, Orach Chayim 444:11).

people’s lives

The Maggid Mishneh explains that since human lives are at stake, one should not think of returning, but should nullify the chametz, since according to Torah law, that is all that is required. The Kessef Mishneh goes further and explains that saving the people’s lives supersedes all matters. Hence, even if a person has time to return home to destroy the chametz, he should first deal with saving the lives, for that is the primary concern.
Though the primacy of saving lives is accepted by all authorities, the Magen Avraham qualifies the matter. If the person knows for sure that he will be able to return home, destroy his chametz, and still have time to save the people’s lives, he must destroy his chametz first.

to deal with his own business affairs

to destroy it. Even if he has already nullified it, the Sages required him to fulfill the mitzvah as they ordained.

The prohibition against eating chametz applies to size of an olive. However, the Sages showed leniency, since the nullification of chametz is sufficient according to Scriptural Law. They did not require a person to return to destroy chametz unless a quantity the size of an egg, the measure associated with ritual purity and impurity, was found.

as required by Torah law. The above applies when the person can still nullify his ownership over the chametz. However, beyond the beginning of the sixth hour, if the person has not nullified his chametz he must return to destroy even an amount the size of an olive. However, should he possess less than an olive’s size of chametz, there is no need especially to destroy the chametz.

A dough that was kneaded, but which had not yet risen.

This halachah, a quote from Pesachim 7a, describes a situation which occurs after the sixth hour on the fourteenth of Nisan or later, when chametz has become forbidden.

And thus leaving would be a sign of disrespect to his teacher.

and bake it as matzah

Since the dough has not become leaven, its possession is still permitted. Hence, a person is still entitled to nullify his ownership of it.
Once he has nullified his ownership of the dough, its presence in his house does not constitute a violation of the prohibitions against the possession of chametz, because it no longer belongs to him.
At present, people very infrequently bake matzah on Pesach itself in Ashkenazic communities. However, it is customary to do so in certain Sephardic communities. When preparing the dough, the women always nullify their ownership of any small pieces of dough that become stuck to the kneading pin or bowl before they become leavened, so that they will not possess even the slightest amount of chametz. (See Hagahot Maimoni.)

Just as one cannot nullify one’s ownership of other chametz after the end of the sixth hour on the fourteenth of Nissan (Halachah 8).

or cover it with a utensil if this occurs on the day of the festival itself.

Furthermore, he must return home to do so as fast as possible.

Halachah 2:2 explains that the mitzvah “to destroy chametz” is fulfilled by nullifying one’s ownership of it. This halachah refers to the Rabbinic prohibition to destroy all known chametz; alternatively, to the destruction of chametz discovered after the beginning of the sixth hour.

Other authorities (Tosefot, Pesachim 27b) explain that this applies only when destroying chametz before it becomes forbidden. Once it is forbidden, it can be destroyed only by burning.

In his commentary to the Mishnah (Pesachim 2:1), the Rambam writes that dried bread should be crumbled “a lot” before being thrown to the sea. Pesachim 28a records a debate among the Sages whether it is necessary to crumble all chametz before throwing it to the sea. There is extensive debate among the commentators regarding the Rambam’s interpretation of this passage. Most halachic authorities (Taz, Orach Chayim 445:1) require chametz to be crumbled even before it is tossed into the sea.

The Mishnah (Pesachim 31b) states this law applies when “a dog will no longer search for it.” The Gemara explains that a dog will not search more than three handbreadths deep.

Thus, even if the chametz is uncovered during Pesach, it will no longer be within one’s possession (Rashi, Pesachim ibid. ).

Or sold.

Pesachim 5b notes that Exodus 13:7, the verse prohibiting the possession of chametz, states: “No chametz will be seen for you.” The addition of the latter phrase implies that there is no prohibition against chametz that belongs to a gentile being found in one’s domain during Pesach. The following chapter discusses this subject in depth.

Tosefot, Pesachim 21a explains that once chametz has been burned to the extent that it is not fit for a dog to eat, there is no prohibition involved in its use.

while it is being burned.

Shabbat 38b defines a range as an earthenware vessel in which coals can be placed, with two holes upon which to place two pots, and an oven as a larger structure.

even after it becomes charcoal.

Nevertheless, this prohibition applies only if there is enough charcoal from the chametz to sustain a fire sufficient to cook or bake by itself (Shulchan Aruch HaRav).

Temurah 34a states that we may benefit from the ashes of any substance that must be destroyed by burning. In contrast, if a substance may be destroyed by other means, we are prohibited from benefiting from its ashes.