Hilchos Pesach - I

Halachos concerning bedikas chametz

Why is it necessary to search for chametz, after all we all do bitul?

Indeed we all say kol chamira [1] before Pesach, whereby we declare that any chametz we legally own or of which we have any form of ownership is nullified like dust of the earth and becomes ownerless. Yet Chazal tell us that this is not sufficient, for two reasons.

The first is because bitul or nullifying is a state of mind and it is possible that one who owns a large amount of chametz is reluctant to declare it ownerless and similar to dust. Consequently he will own chametz on Pesach and violate the issur of ìà éøàä ìê çîõ – you shall not own chametz.

The second reason is lest one finds chametz in one’s possession on Pesach and seeing that we are accustomed to eat chametz throughout the year, one might forget it is Pesach and eat the chametz. [2]

But we are permitted to own non-kosher food and store it in our house, if necessary, so according to the second reason, why the difference?

Firstly, there is no prohibition to own non-kosher food, unlike chametz, where there is a specific negative commandment.

As for storing non-kosher food, since we are careful throughout the year not to consume non-kosher items, there is no concern that one might forget a particular item is non-kosher and eat it, whereas chametz is permitted all year round and one might follow natural instinct and consume it.

If so, would it not suffice to merely search for chametz and destroy it, why must we say kol chamira and nullify it?

Since it is possible that one might not find all the chametz in one’s possession before Pesach and if one finds it during Pesach, one will immediately violate the issur to own chametz. It appears that if one legally owns chametz but is not aware that it is in one’s possession, one does not violate the issur to own chametz, because the Mishna Berura writes [3] that only when one finds the chametz on Pesach will one violate the issur.

Must one search for chametz as soon as it is nightfall?

Learning - one may not learn once it is nightfall [4] (some poskim are concerned even with learning within half an hour before nightfall) lest one forgets to do bedikas chametz. Several poskim learn that Chazal instituted the mitzvah of bedikas chametz as soon as it is nightfall. [5]

Eating - One may not eat bread and cake etc. [6] more than a volume of an egg (between 57 - 100ml) or a large amount of fruit before bedikas chametz, for the same reason.

Should one first daven ma’ariv and then search for the chametz?

If one normally davens ma’ariv with a minyan one should first daven and then search. [7] The ç÷ éò÷á writes that since the time for bedikas chametz and ma’ariv begin with nightfall and coincide, [8] we must follow the rule of úãéø åàéðå úãéø - úãéø ÷åãí, which means that one must precede the more common mitzvah, which is ma’ariv.

He rules similarly for someone who davens ma’ariv without a minyan. The Mishna Berura [9] however also cites other poskim who say that one who always davens ma’ariv without a minyan may search the chametz and then daven ma’ariv, and concludes that both opinions are legitimate.

What is one looking for?

Any chametz suitable for human consumption.

But isn’t the criterion for chametz something that is not fit for a dog?

Indeed the Shulchan Aruch writes [10] that chametz that is moldy or charred before Pesach may be owned on Pesach, but we must not forget that one nullifies all chametz prior to Pesach with ëì çîéøà, and although Chazal were concerned lest one sees chametz and eats it, this only applies to edible chametz, but chametz unfit for human consumption one would not consume.

Must one look for crumbs?

The poskim argue as to whether one must search for crumbs. [11] Crumbs that are slightly dirty or spoiled one would not normally eat and since one will nullify all chametz, there is no need to search for such crumbs. [Although the gemora writes that ôéøåøé áèìé – crumbs are nullified and do not require to destroying; this would apply to non-edible crumbs.]

Some Gedolei Yisrael would search for crumbs in seforim while others would not. [12]

Consequently, any crumbs that might exist in drawers, pockets and bags etc. that are dusty or spoiled would not require searching for. [13]

However, in Shulchan Aruch it says that some have the custom to scrape chametz from walls, and it is accepted that one performs a thorough search and dispose of all chametz. [14]

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