By Rabbi Moshe Rotberg. [Click here for printer-friendly version] The Halachos of Pesach are many and varied. In this column we will try to bring to the reader an overview of the issues. This is not and should not be used as a source of final Halachic ruling. For any specific questions please call a Rov.

Hilchos Hagolas Kailem- Kashering

Do I Need to Purchase New Vessels for Pesach

There is a famous halacha quoted in the Y’sod V’shoresh Ha’avodah (Hagolas Kailem) which states the following. “It is worthy of a G-D fearing Jew not to use utensils on Pesach which were used for chometz all year round for chometz which became Kosher for Pesach via kashering them.” This he explains is when dealing with types of materials “which are impossible to clean out the crevices completely from chometz, which therefore it is best for one to purchase new utensils for Pesach.”

As such writes the Mishnah Berurah (651; 19) with regard to knives that it is best for one to purchase new knives since it is very hard and difficult to properly clean a knife of all chometz. (This sentiment is apparent with regards to the laws of bassar b’chalav that it is apparent that in those years it was quite difficult to completely clean the knife of all dirt.)

However, it would appear that utensils that can be completely cleaned without difficulty can be used for Pesach. There are some who use all new vessels for Pesach based on opinions brought in the Poskim.

Although, it is worth noting that many utensils which we kasher for Pesach are merely a chumrah and therefore would not fall into the whole aforementioned discussion. For instance a becher used each Shabbos which typically does not come in contact with hot chometz is only kashered as a chumrah thus in such a case there certainly is no reason to require one to purchase a new becher for Pesach.

Is Hagolas Kailem a Mitzvah?

Tosfos in Avoda Zara (67b s.v. Omar Rav Yochanan) maintains that hagolas kailem is a mitzvas aseh. However many of the codifier of the mitzvos dispute this position and maintain that there is no specific mitzvah in kashering utensils, rather it is simply the method given by the Torah as how one can purge a vessel from non Kosher absorptions and tastes. However, outside of the practical element of hagolas kailem there is not prescribed mitzvah in doing so. Even according to the opinion that hagolas kailem is a mitzvah there was no instituted b’racha prior to doing so. There are many reasons given to explain this including the fact that the absorptions of issur is called an ain bo mamish thus there is not b’racha (See Sefer Hagolas Kailem 11;66 for the many other reasons given for this).

What Types of Vessels can be Kashered

Not all vessels were created equal with regards to kashering. The Torah does write that should an earthenware vessel absorb non-Kosher there is no way to make it Kosher besides by breaking it. The Torah does state that metal vessels which absorbed non-Kosher can be purged of their absorption by the process of hagola. Included in metal would also be gold, silver, copper, steel, etc.. In addition the following materials would also be candidates for kashering including wood, stone, (it is worth noting that most “stoneware” today are not real stone and therefore they cannot be kashered) bone,  according to  the Pri Megadim leather (See M.Z. end of 451) and according to Rav Moshe Feinstein zt”l (Ig”M O.C. 2; 292) natural rubber as well.

Other materials such as china, porcelain cannot be kashered (See Mishnah Berurah 451;163 in the name of the Shiyorai K’neses Hagdolah).

 There is a machlokes the Mechaber and Rema (O.C. 451;26) with regard to glass. The Mechaber maintains that since glass does not absorb it is always Kosher and therefore does not need hagola at all. The Rema has almost the exact opposite position and states that since glass is a derivative of the ground it has the classification of an earthenware vessel and hagala does not help. The Mishnah Berurah (Ibid 155,156) writes that one needs to be stringent with regard to glass vessels which were regularly used for hot items or when chometz regularly sat marinating in the vessel for more than 24 hours at a time. In addition, and glass bottle which is narrow on the top which therefore doesn’t allow for easy access to the bottom also requires greater stringency. He writes the method for kashering such vesses where there is great need to do so.

There is great debate amongst the Poskim as to whether hagalah applies to utensils made out of plastic, nylon, corningware, corelle, pyrex, duralex, enamel, formica, teflon and other such materials. There is room for leniency amongst some Poskim  when there is a great need or substantial financial loss. Should this question arise one must consult a Rov on a case by case basis. There are some distinctions made between the poskim  with regard to these items. Some allow them to be kashered if they are non-kosher to be made kosher but not for Pesach; others allow them to be koshered for Pesach as well, while others do not allow koshering them at all. Since there are so many factors such as the method of the absorption etc. these must be addressed on an individual basis.

There is another very important halacha brought in the Mishnah Berurah with regards to which vessels may be kashered. He writes (Ibid 23) that a utensil which the owner fears that it may get ruined as a result of the hagalah process may not be kashered, since we are concerned that the fear of damaging the utensil will cause the owner to refrain from kashering it as it should really be done. If despite not being allowed to do so, when kashered such an item there is some debate as to whether bedieved the vessel is Kosher (See Aruch Hashuchan Ibid 20). The food subsequently cooked in this vessel is Kosher (Pri Megadim 451;19).

Can all Utesilsbe Kashered via Hagala?

There are various ways to kasher something. The method of kashering is usually dependent on a few variables but primarily the way the absorption happened. In addition while when does hagala the principal of k’boloh kach polto (the method the absorption process transpired is the method in which it can be purged) when using other methods this is may not be the case. For instance according to some the method of libun (which is using a direct source of heat until the vessel is smoldering hot works by the way of burning out the chometz.

Rabbi Neustadt brings the following list of utensils which can be kashered with hagola.

A utensil becomes non-kosher (or meat or dairy) if it comes into contact with a non-kosher food item in one of the following ways.

Direct fire: A utensil which is placed directly on the fire with no liquid or minimal oil, butter or shortening added (such as baking pans or parts of a barbecue grill), cannot be koshered by hagalah. A frying pan, too, should preferably not be koshered by hagalah.

Indirect fire: A utensil which contains liquid and is placed directly on the fire (such as a pot used for cooking on a range or a spoon used for stirring food in a pot on a burner) can be koshered by hagalah.

Heat contact: Utensils which come into direct contact with hot, non-kosher food, such as a plate onto which hot non-kosher food is placed, a fork with which it is eaten, or a cup into which it is poured, etc. These utensils may be koshered by hagalah. Included in this category are dairy dishes which were inadvertently washed together with meat dishes or vice versa.

Cold Contact: Utensils which come in direct contact with cold non-kosher food must be thoroughly washed with cold water. Hagalah is not required. If the non-kosher food was a liquid and it remained in the utensil for a period of 24 hours or more, however, hagalah is required.

Cold “Sharp” Contact: In the case of a cold but “sharp” non-kosher solid food that was cut with a knife, the knife requires hagalah. Whenever a utensil needs to be koshered, its cover and handles need to be koshered as well.

It is brought in halacha that one should not take a fleishigs utensil and via kashering  it transform it into a utensil which will now be used for milchigs  and vice versa. The Magan Avrohom (509;11) explains that the reason for this is since we are concerned that if one switches the usage of the vessel back and forth he will come to use it for the wrong one inadvertently due to its lack of exclusivity.

The Mishnah Berurah (451; 19) brings from the T’shuvos Chassam Sofer (110) that this halacha does not apply when one is kashering something for Pesach as then it is okay to switch its usage as well.

Preparing the Utensil for Hagola

In last week’s column we discussed which materials are able to be kashered via hagola. Even if the material makeup of the vessel can be kashered there are still a few other factors. For instance, the surface of the utensil must be clean. While hagola can purge the utensil of absorption it can’t be considered as pure when there is residual dirt, or grime which may have chometz in it (or non-Kosher). Therefore the utensil must be scrubbed clean. Even rust poses a problem for kashering  as per the ruling of the Mishnah Berurah (not a rust stain) where it is in a place which comes into regular contact with the food (Ibid 22, 43).

In addition, any vessel which has cracks and crevices cannot be kashered with hagola since we are concerned that it can’t be properly cleaned. This includes utensils with hinges, utensils which is narrow so that there are inaccessible points in the vessel, utensils with handles which is screwed in but has a gap and cannot be removed to be thoroughly cleaned. What is therefore suggested is that the vessel be kashered with hagola first and then it should undergo libun which essentially is burning out the area with fire. The order does make a difference as is explained in the Mishnah Berurah (Ibid 25). In the Sefer hagolas Kailem (6;4) it is brought that if one cannot do so and really needs to use it on Pesach one can pour a substance which would make any possible food there inedible (such as bleach) and after it gets absorbed to then do hagola.

What Type of Pot Should be Used

The pot being used to kasher is best to be Kosher for Pesach. However, when this is not possible one is allowed to use a pot used for chometz so long as the pot has not been used in the last 24 hours. It is suggested that the pot be kashered with hagola as well after use since there may not have been 60 times of water in the pot against any given utensil immersed.

The Temperature of the Water

The concept of hagolas kailem is to be able to purge the vessel of the absorptions by repeating the same method used which introduced the absorption. That is why a utensil which obtained the absorptions via direct fire cannot expect to purge the utensil from the absorption with hot water. However, when using hagola to purge a vessel one does not have to make sure that the water is cooked up to the same heat as the original absorption. For instance, if a spoon is used to dish out chometz which boils at 275 degrees and the water is boiling at less it is still okay so long as the water was boiling at the time of kashering.

Does the Water Have to Boil During the Process

The Shulchan Aruch states that when kashering knives one needs to place it in a kli rishon even if it was taken off the fire. There is a discussion in the Achronim whether this is the case with all utensils regardless of how the absorption came about (meaning directly through a kli rishon or irui kli rishon). In the Sefer Hagolas Kailem (10; 25) there is long discussion on this matter and he concludes that any vessel which absorbed from a kli rishon on the fire needs to be kashered in a pot which is still on the fire.

Throughout the hagola process the water should be boiling (since this is required in certain cases). When kashering sinks  etc. if one wants to use a smaller pot to scoop out water from the larger pot, he should keep the smaller pot in the larger pot long enough so that the water in the smaller pot is also bubbling.

The entire utensil, including its handles, needs to be placed inside the water. The utensils should be kept inside for a few seconds before being removed. If a utensil is too large to be inserted all at once it may be put in part by part. Immediately upon removing the utensil from the koshering pot, it should be rinsed with cold water.

Sinks

Really sinks should only require hot water to be poured on it since it is not really a kli rishon. However, since there is a concern that a davar gush (a thick substance) fell there (which has the halacha of  kli rishon according to some opinions) it may need more. Some suggest using an even mluban. The sinks should be sprayed with a davar pogem and not used for hot chometz for 24 hours prior to kashering. The sink must be completely dry prior to kashering.

The spouts if they can’t be replaced should be nifgam as well and rinsed with hot water. Some place a sleeve on it.

Bedikas Chometz

It is also very important to note that not everything which one is required to clean for chometz has a chiyuv bedika on the night of the 14^th. Meaning, as we will explain some have the custom of checking all their seforim for chometz or toys etc. and other such items. This does not mean that there is a chiyuv bedika on these on the night of the 14^th since that is reserved to the house itself. This is based on the Chok Yaakov (436;17) who derives from the fact that although one needs to check his pockets for chometz however, the primary chiyuv was given for a person in his home (tashbisu s’or m’basaichem).

Before we begin discussing the halachos of how to go about doing bedikas chometz it may be worth discussing the halacha of how to proceed when one will be leaving his home prior to Yom Tov.

The chiyuv bedika which Chazal required begins within 30 days of Pesach. Therefore someone who is leaving his home within 30 days of Pesach even if he will not return until after Pesach, needs to do a bedika. There is a machlokes haPoskim whether one needs to make a b’racha on a bedika prior to 30 days before Pesach. The Mishnah Berurah (436;4) rules (See Biur Halacha as there he is not so definitive however the opinion of most Poskim is as is quoted in the Mishnah Berurah) that one does not make a b’racha. He explains since the actual burning of the chometz will not be until much later he  can’t consider the bedika the beginning of the burning process, rather it is just clearing the house from chometz at that point.

The best way to do bedikas chometz is by having it done on the night of the 14^th of Nissan. Therefore if one can do so he should, even if it means that he will have to slightly inconvenience himself in order to do so. Where one will be in the same town just in a different home (i.e. parents etc.) he should certainly try to come back to his home on the 14^th to do the bedika.

When possible, one should not sell his whole house so that there is no longer a chiyuv bedika. It is better to leave one area (which was a place where chometz was brought in) and perform the bedika there on the eve of the 14^th.

 Shuls

The gabbai of the shul should do a bedika in the Shul as well. It is best that he make a b’racha in his own home and then go to the Shul to finish the bedika so that he does not have to make a b’racha there (since there is no issur bal yeroah on the chometz found there).

Yeshivos

Bochurim who dorm in a Yeshivah should do a bedika in their room before leaving since it is their room without a b’racha. If the bochur left Yeshivah already he should try to get a shliach to check the room on the 14^th. If he cannot find someone to do so he should be mevatel the chometz with his words. When the Yeshivah will be selling the entire building there may not be a need for them to do a bedika.

 One Who is Leaving Before Pesach

There is a big machlokes amongst the Poskim with regard to a person who left his home more than 30 days before Pesach and will not return until after Pesach. On one hand he will not be there and there will not be the prohibition of baal yeroeh on the other hand he knows that he has chometz gomur in his home, and he is required in the mitzvah of tashbisu. The Shulchan Aruch Harav (436;6) discusses this at great length. As per practical application it is best for the person to sell his home with the chometz prior to Pesach. 

If he will coming back before Yom Tov after the z’man biur he needs to address the issue of his chometz prior to leaving.

One who leaves his home within 30 days of Pesach (i.e. someone who is going to his parent or in-laws) should make a bedika before leaving without a b’racha. It is better that he himself perform this bedika prior to leaving rather than assigning a shliach to do so b’zmano. If he has a room at the place where he will be staying it best to make a kinyan on it and then be he will be able to do a bedika there.

Someone who moves into a new home which hasn’t yet been used to eat chometz seudos does not have to do bedikas chometz. In truth even if he wants to do bedikas chometz by putting out the 10 pieces of bread he can’t do so, since it is a place which chometz was not brought into, and thus has no chiyuv bedika.

Hotels

Someone who rents a hotel room for Pesach and is already there on the 14^th of Nissan he needs to make bedikas chometz with a b’racha. If there is chometz in the refrigerator he needs to take it out of his room. Even though it does not belong to him until he takes it for himself, Rav Shlomo Zalman zt”l (Minchas Shlomo Vol. 2 58; 17) writes that this is required since he is responsible for them (thus it has the halacha of a pikadon). If someone comes in the middle of Pesach to a Hotel and the owner did not already do a bedikah the Piskei Tshuvos brings that he is required to do so with a brachah.

Making a Shliach for Bdikas Chometz

If someone cannot do bedikas chometz and therefore is getting a shliach to do so for him, the person making the b’dikah makes the b’racha.

The mitzvah of bedikas chometz preferably should be done on the night of the 14^th (and as we explained that is the only time one makes a b’racha on the bedika). The bedika should commence soon after tzais hakochavim. One should not involve himself in other mundane or even spiritual activities by the z’man bedika. There is special dispensation for people who have a set shiur or a set minyan  they daven in since the routine will not allow for getting involved and forgetting to check. The Gr”a would start the bedika at the right time and then stop in middle to daven Maariv. Some even state that if one cannot be home at the z’man bedika he should appoint his wife or someone else a proxy to make a b’racha at the right z’man and do the bedikah. In this case he can tell the shliach to leave one room for him to do which the homeowner would be able to do when he comes back with a b’racha since there was a stipulation in his appointment that he would not do this one room.

Rav Shlomo Zalman Zt”l would start the bedika immediately after Maariv even if his family was not finished preparing the home, but by the time he was finished, they too were done.

Hefsek by Bedikas Chometz

Once making the b’racha on the bedika he should not be mafsik. However if he was mafsik he does not need to make a new b’racha. (Although the Taz states that there is a problem of hefsek since if one were to stop in middle of the bedika he would not have been yotze the mitzvah.)

Lengthy Bedikas Chometz

Some people can spend all night searching for chometz, while others do not spend as much time. The reason for this is since in many homes the cleaning and searching process started far before the 14^th of Nissan the bedika is simply a culmination. However, even if one knows that his home is completely clean from chometz there is still a requirement to check the home on the 14^th just in case he forgot something.

Checking with a Flashlight

One does not have to use a candle to do bedikas chometz and he can leave the lights on as well (in fact one may be able to see better and check better with a flashlight without being worried about possible fire or it blowing out). However, Rav Moshe Feinstein zt”l and others had the custom to start the bedikah with a candle and then to continue the bedika with a flashlight.

Checking Different Sites

When one makes a b’racha on the bedikas chometz he can then drive to his office or other places he owns to do the bedika there. Rav Shternbuch (Tshuvos V’hanhagos Vol. 1 284) brings a discussion with regard to someone who specifically had in mind not to be motzi his office with the b’racha of his house. His question is would someone be able to then have a shliach do that bedika with a b’racha. He brings a Rivash that states that two locations is like twin boys that each one needs an independent b’racha by the B’ris Milah. However he rules with the opinion that when making a b’racha it is chal on all his properties since that is the required bedika, and therefore once he made a b’racha he can’t have intent not to include it.

Outdoors

The Mechaber (Ibid 6) writes that chometz which may be outdoors does not have to be checked for chometz since it can be assumed that it was eaten by animals. However if one knows for certain that there was chometz there prior to Pesach then he has to check for chometz. The Mishnah Berurah (Ibid 27) brings two opinions as to what constitutes “prior to Pesach”. Some maintain that anything within 30 days is considered prior to Pesach while yet others are of the opinion that this means after the eve of the 14^th. If one eats outside prior to Pesach since they do not want chometz in their home they check for chometz. Porches according to some always need to be checked since it is very common for food to be eaten there.

Garbage dumpsters which are privately owned can cause a problem since there is almost certainly chometz be’en which is able to be eaten by a dog. The simplest solution is to pour ammonia on the garbage’s thus deeming it not edible even for dogs. One does not have to saturate the entire garbage with this substance. One can also place the garbage’s on the street which would deem it hefker.

Checking Area’s Sold to the Goy

There is a question whether or not one needs to check places which will be sold to the goy the next day or not. On one hand it is his premises, on the other hand he knows that this area will be sold. In Madanei Shlomo (page 3) it is brought that one does not have to do check those areas. Rav Shlomo Zalman zt”l explains that the requirement of bedikas chometz is to check areas where one suspects that there may be chometz; one would not go check his store full of chometz (which he is selling to the goy) to see if there is chometz there.

Items Which Need to be Checked and Cleaned

Pockets, Cuffs, Briefcases, Cars, Garbages (even if they belong to the township they are still in the r’shus of a Jew), should all be checked for chometz. However if these are the only thing one is checking he should not make a b’racha.

Toys

Toys and other such items which may have chometz stuck to them or in their compartments should be cleaned. Many toys can be placed in a dishwasher or a washing machine which will usually get rid of any chometz.

Seforim

There is a question whether or not Seforim which are brought to the table where people ate chometz need to be checked for chometz. The Chazon Ish (O.C. 116; 18) writes that checking seforim is required to be done. Therefore bentchers which many times have food stuck to it should be sold to a goy. It is best to be careful to never bring seforim to the table all year round. The Aruch Hashulchan (447) writes that starting from Purim (30 days prior to Pesach) one should be careful not to bring his seforim to a table with chometz on it. Others state that since the amount of chometz in these seforim are so little (if any) one can rely on the bitul of it without checking them (Ohr L’tzion Vol. 1; 32). Rav Shlomo Zalman zt”l (Shalmei Moed 68) adds that even if there is a larger piece of chometz however, since it disgusting from sitting in the bentcher or sefer that it is not problematic.

Placing 10 Pieces of Bread out When not Checking on the 14^th of Nissan

Although there is a halacha to put out ten pieces of bread before bedikas chometz there is a question of whether or not someone should do so when not checking on the 14^th. While the Shulchan Aruch states that the reason for placing the 10 pieces of bread is because it should not be a b’racha l’vatala which would not be relevant in this case (since he would not be making a b’racha) others disagree with this reason. According to them one does so, to enhance the quality of the bedika. Thus the Kinyan Torah (Vol. 2 82) states that one should certainly place these 10 pieces. The Michas Yitzchak (Vol. 8; 35) writes that there is not such a requirement in this case.

Women Cleaning for Pesach

It is brought in many places that women should not be the ones cleaning for chometz since they are not as zealous and stringent as men in this regard. However the Aruch Hashulchan (437;7) writes that our women clean, wash and check better than men thus this would not apply.

Teeth Braces and Dentures

There is a big question with regard to people with removal dental implants and braces. While as per teeth it is possible that the teeth are of the material which do not absorb and therefore this is not an issue however fillings, implants and other materials do not necessarily share that same characteristic. Rav Shlomo Zalman sent a letter to the Chazon Ish about this matter which was later printed. (When he did not hear a response from the Chazon Ish  he assumed that he did not approve of him. Years later he met Rav Greineman when he was printing his sefer at the printing house, and Rav Greineman told him that the Chazon Ish had his Tshuvah on his table for a while and showed it to others who came to his home as a tshuvah of great substance. He stated that he didn’t respond as he had nothing to add!)

As for practical application one obviously should clean their teeth and braces etc. very well before Pesach. Dentures can be placed in hot water and/or  bleach as well, and according to some, one should refrain from eating hot chometz or sharp foods within 24 hours of Pesach. Rav Shlomo Zalman personally was makpid not to eat sharp foods all Pesach with dentures since the sharpness compounded by the pressure of chewing could expel absorptions of chometz even if it has been 24 hours since he ate hot chometz and even if when chewing hot chometz it is not considered a kli rishon (when dealing with a davar gush) since sharp foods when ground can expel such absorptions.

Biur Chometz– Using Lighter Fluid

The Gemara brings different methods of how one can get rid of the chometz, however, we adhere to the opinion of Rav Yehudah and burn chometz. At least one kzayis of chometz needs to be burned in order for one to be yotze the mitzvah. There are those who make their own small fires for sraifas chometz. Many times these fires are small and require a lot of lighter fluid in order to make the fire. One needs to be careful so as not to pour the fluid all over the food as it is then not able to be eaten by a dog. Since in this case this is not considered chometz which needs to be burned, and he is not yotze the mitzvah.

Mechiras Chometz– How Does it Work and Why Does it Work?

Chazal made a prohibition on any chometz which was in the possession of a yid on Pesach. Therefore one needs to make sure that any chometz which is bought after Pesach  was sold according to halacha or that they were in the possession of the goy over Pesach. Therefore many Achronim required that the keys to the location where the chometz is be given over to the goy as well. Others maintain that his is not the case (See Pri Chadash). However, when one can easily write down a combination to the lock or/and contact information as to where the individual can be reached on Pesach it is admirable.

In essence when someone is selling his chometz  one is selling the space where the chometz is located at as well as the actual chometz. This can be done even in a rental or leased apartment or office. If one will need to access the area where the chometz  is located this should be stipulated in the contract.

Mechiras chometz is not a transaction where the individual is “selling” the chometz to the Rov he is simply making the Rov a shliach or an agent for him to sell his chometz to the goy. When the individual is mekabel kinyan it is not to sell it to the Rov it is for the shlichus. Some say that the reason most people have the custom to give the Rov some money is since min haTorah there is no chazaka that shliach fulfills his duties. Thus by giving the Rov some money he becomes a po’el and therefore it works min haTorah as well.

There is a famous question from the T’vuos Shor (P’sachim 21). He brings that there were cattle farmers who would “give” their animals to a goy over Pesach so that the goy would feed them chometz and it would not be his prohibition. He writes that this is an unacceptable act since it is forbidden to use ha’arama (loosely defined as trickery) to exempt oneself from a Biblical prohibition. He therefore asks how is it that one can sell his chometz to a goy without having the same problem of using “trickery” to be exempted from a Biblical prohibition? He answers that since we are mevatel the chometz by kol chamira it is not really an issur deoraisa. This is obviously very problematic since one is not mevatel the chometz he sells.

Others explain that since there is a valid contract which he is signing the fact that he may not fully grasp what he is doing or what it mean it does not matter. Rav Shlomo Zalman zt”l (Shalmei Moed 70) compares this to someone who says “yes, I signed a kesubah but I did not fully know what I was signing” does this make a difference? We would tell him “you realized that it was a kesubah and not a pruzbul?”

Despite this Rav Shlomo Zalman zt”l like many others had the minhag not to sell any real chometz. Even those who do not sell real chometz however, will buy from a store who sold real chometz. There are those people who do not sell real chometz however they will sell spirits for various reasons. Some though will give their chometz to a friend who does sell real chometz. The question is whether or not this really helps at all. Since the reason people do not sell real chometz is due to the fact that it is called “tricking” which is prohibited when dealing with an issur de’oraisa, what does it help to give it to a friend? There may be though two different possible differences. Firstly, where someone is actually physically removing the chometz from his premises and putting it in a different person’s premises this negates any sense of it being a non genuine transaction. In addition, where the person is a store owner and he thus has the heter of hefsed merubah then once he is selling his own items he can sell other real chometz as well with it.

Rav Elyashiv zt”l states that when a non-observant Jew owns a business and to him the whole sale of chometz is just a ploy to get a certification this is not a valid sale and cannot be relied upon. He suggests that the contract be done in accordance with the secular laws so that it is binding as then he certainly would take this seriously.

Selling Chometz Over the Phone-is Kinyan Meakev

One can sell his chometz over the phone as well. Even though we make a physical kinyan with the Rov when we sell the chometz in reality this is not meakev. We only do so to strengthen the authenticity of the sale.

Taanis B’chorim

The Gemara Yerushalmi discusses whether or not there is a taanas bechorim. The Yerushalmi discusses whether or not there is a custom for b’chorim to fast on erev Pesach. While that is not the final conclusion of the Yerushalmi it is found in Misechta Sofrim that there is this custom to fast on Erev Pesach. The Tur and the Shulchan Aruch (O.C. 470) bring that this is the practice as well. The reason for this is a zaicher for the nes of mitzrayim in which the Jewish b’chorim were not killed while the Egyptian firstborns were.

Is it a Real Fastday?

This fast, is a required fast and it is brought in halacha that should one not fast he needs to make it up. In addition if there are 10 b’chorim davening together whom are fasting they recite anainu by davening. Although the Poskim bring as does the Mishna Berurah (Ibid 2) that in that case it is best that the chazzan not be a b’chor. They explain that there are some of the opinion that we should not be saying anainu by chazaras hashatz like a taanis tzibbur in middle of chodesh Nissan.

However prior to discussing the details of theses halachos it is important to point out the following. As mentioned there is a prohibition to fast in Nissan in general. Therefore where there is a sofek whether he needs to fast (as we will discuss there are instances where it is a sofek whether he needs to fast or not) some say not to fast since it is Nissan. In addition, in halacha it is brought that some state that if one will not be able to eat as is required by the seder later that night as a result of not eating the whole day he does not need to fast. The Mishnah Berurah brings this as well and adds that if one has aches and pains as a result of fasting the same applies.

What Type of B’chor

Both the firstborn of a father and a mother is required to fast. (The firstborn of the father is considered the b’chor with regards to inheritances and the firstborn of the mother is considered a b’chor with regards to peter rechem.) In Mitzrayim if there was no first born in the home the eldest in the household was stricken. Despite that, the eldest in the household does not need to fast nowadays as we are not so stringent with regards to this custom.

A child who was born after the mother had a previous miscarriage there is some dispute whether or not he is considered a b’chor with regards to fasting. The Mishna Berurah rules that if we know for certain that the previous pregnancy ended in a miscarriage then he needs to fast since he is considered a b’chor just as he is a b’chor with regards to inheritance. However if the baby was born but just didn’t survive 30 days or in cases of a sofek, he is not considered a b’chor. If the b’chor was born after a cesarean then the Chok Yaakov rules (as is quoted in the Pri Megadim) that he does not have to fast.

Do Girls Need to Fast

The Mechaber writes that there are some opinions that even girls and women whom are the first born need to fast. The Gr”a explains this is based on a Medrash. The Medrash states that even the first born girls and women were stricken at makas b’choros. The only reason Batya (Bas Paraoh) was saved was due to Moshe Rabainu’s teffilos. Despite this, the Rema as well as the Gr”a (and even many Sephardic Poskim) rule that girls do not have to fast as they do not have the halacha of a b’chor.

Parents Fasting

A father fasts for his son who is a minor even if he is not a b’chor. There are those whom maintain that if the father is a b’chor himself then the mother should fast for the child (Darkai Moshe 2, Shulchan Aruch Harav 470; 5). However others disagree and maintain that as long as a father is fasting so there is a zaicher in the home that it is suffice, and the mother does not have to fast.  If the child is a shoteh then there are also those whom maintain that the father fasts for him always.

Eating from a Siyum

There is a machlokes with regards to eating from a seudas bris on erev Pesach. The Olas Shabbos (1) brings from the Maharash Halevi (3) that a b’chor is allowed to eat from a seudas bris milah however he who is stringent is blessed. While the Pri Chadash is more lenient others are stringent. Nowadays it has become the custom that a b’chor comes to a siyum which is made Erev Pesach and if he partakes in the siyum he can partake in the seudah. The Shulchan Aruch Harav, Aruch Hashulchan, Mishnah Berurah all bring that today we rely on this in many communities.

One may not eat before the siyum however after the siyum he can already eat all day (See Magan Avrohom 568; 10)

If He Didn’t Eat From the Siyum

In the Sefer Bais Avi (O.C. 16) he discusses whether someone can eat in his home if he attended the siyum yet didn’t eat there. He explains that this is considered a Yom Tov and can therefore eat at home as well. The Shach (Y.D. 246; 27) writes in the name of the Maharshal that even if one didn’t make the siyum but only attended the siyum for him to it is a great simcha. However it is best to be there for both the siyum and the seudah (Divrai Avrohom 139).

Can One Only Eat from the Seudah Without Attending the Siyum

If one did not attend the siyum but attended the seudah there are those whom are lenient (Rashban O.C. 178). Rav Ovadia Yosef Shlit”a (O.C. 42) has a Responsa discussing whether or not one can take food from a siyum and bring it home for a b’chor so that he should not have to fast. He disagrees with the aforementioned Rashban and concludes that if one is not even partaking in listening to a d’var torah being said there and is simply taking food then it should not be relied upon. The Minchas Yitzchok (Vol. 9; 45) writes that one should eat something at the siyum and should not rely on a teimah.

The Night Before

The Mahram Brisk (133) discusses whether or not one can make a siyum the night before if he will not be able to do so erev pesach during the day. He is lenient in this regards.

Halachos of Pesach

Erev Pesach

In the Shulchan Aruch (O.C. 471; 1) it is brought that one should not drink little wine on Erev Pesach since it is filling. However, one can drink a lot of wine since that makes the one who drank thirsty for even more. (Most halachos that apply to wine would apply to grape juice as well despite the fact that one can argue that drinking a lot of grape juice would cause the person to want to drink more. Rav Yosef Chaim Sonnenfeld zt”l writes that one should not drink any wine at all since it is not very clear what constitutes a lot of wine. The Shulchan Aruch writes that the same is true about eating morror and charoses so that it should be eaten by the seder l’taiavon. (Although many ask on the reasoning since marror is not supposed to be eaten l’taiavon, however, most agree that one should not change from this custom.

Matzo Knaidlach and other Such Foods on Erev Pesach

The Talmud Yerushalmi writes that it is forbidden to eat matzo on Erev Pesach. Many people have a custom not to eat matzo already 30 days prior to Pesach and others begin this custom from Rosh Chodesh. The Sefer M’orai Ohr writes that this prohibition is not to be taken seriously; however, there are many Achronim who disagree including the Sheorai Knesses Hagedolah and the Chok Yaakov.

The Mishnah Berurah writes that one (471; 20) that which one is forbidden to eat baked items which have matzo in it on Erev Pesach does not apply to a cooked knaidel. However, he still rules that one should not eat knaidlach after the 10^th hour of the day when there is already an issur chometz. The reason why this is forbidden is since according to many one could be yotze achilas matza with knaidlach it is forbidden to do so.

A few Halachos as They Pertain to the Seder

Preparing the Table

It is best to prepare the table before night so that the seder can begin right after quickly coming home.

Wearing a Kittel

There is a minhag practiced by most of klal yisroel (with the exclusion of a few chasidisher sects) to wear a kittel by the seder. Many Achronim explain that the reason for this is since it is symbolic of chairus we wear it. The Taz explains this on the contrary, meaning we want the person in this time of joy not to lose all seriousness. The Maharal has yet another explanation for this. He states that just as a kittel is a simple white without any other material interwoven so too was the geulah simply by Hash-m himself. There Some say that a newly wedded man the first year of marriage should not wear a kittel (See Maharam Schick 28). The reason given is since the whole point of a kittel is to instill a sense of seriousness by reminding ones’ self about his destiny this is not done during shana rishona. Many people have a custom to wear a kittel even during the first year of marriage. The Sefer Divrai Cahachomim brings from Rav Elyashiv shlit”a that one who does not have a family custom should wear a kittel.

Hesaiba

On the night of Pesach many things we do are done while leaning to show our feeling of freedom. During the following times one needs to eat or drink when leaning on the left. The four kossos, two kzaisim of achilas matzo, Korech, Afikoman and Karpas  according to the Avudraham and the Kitzur Shulchan Aruch. The Darkai Moshe as well as the Shibalai Leket disagree and as such writes the L’kutai Maharich is our practice.

Daled Kosos

It is best to drink red wine on Pesach night. For those who can’t do so they can rely on the opinions that grape juice is acceptable. Although, when possible, it is better to mix in some wine as well to the grape juice. (It should be noted that with the exception of Rav Moshe Feinstein zt”l most Poskim maintain that grape juice is acceptable.) Many explain that someone who gets sick from wine or simply despises the taste of wine for him drinking wine is in no means symbolic of chairus. Rav Ovadia Yosef shlit”a in his hagaddah writes that since grape juice is acceptable someone who does not like wine should preferably drink grape juice since for him this is derech chairus.

According to the Ravya if one did not drink the daled kosos b’hasaiba he does not need to drink them again, since today people do not generally eat and drink b’hasaiba. If one did not drink the first two kosos with hesaiba he can drink them again (without making a new b’racha). By the last two kosos one should not drink them again (since it looks like he is marbeh al hakosos). If one has a becher which hold two reviis and he forgot to drink b’hesaiba by the first reviis he can still drink the second half with hesaiba.

Shmurah Matzo
On the first two nights of Pesach  there is a requirement to eat only matza shmurah. The Gr”a maintained that the chiyuv  of matza shurah applied to every day of Pesach as the requirement of matza on Pesach.

Women and Hesaiba

Women theoretically would be required on hesaiba (since our women are considered chashuvos) however, that is not our practice.

Chatzos

According to most opinions all the mitzvos of the seder such as daled kosos, matza and marror (and even hallel according to some) should be completed by chatzos. According to these opinions if one did not make a b’racha by chatzos then he should no longer make a b’racha since there is no mitzvah to do so after chatzos.

However some Achronim maintain that one can rely on the opinion of the Rambam that the mitzvah is all night and thus the b’rahca could be made all night as well. Obviously once it becomes alos according to all opinions it is not possible to make a b’racha.

If chatzos is approaching one should follow the following order first kos, matza, marror and then proceed with the hagadda and continue on to the rest of the seder.

Someone who Finds Chometz in his House on Pesach

The Shulchan Aruch (446; 1) writes that someone who finds chometz in his home on Pesach if it is on Chol Hamoed he should take it out immediately and burn it. If he already was mevatel his chometz before Pesach or he sold his chometz (which has a written statement stating that any unknown chometz shall be considered sold as well) or it was less than a k’zayis one does not make a b’racha on the burning. If the chometz was found on Yom Tov he does not burn it rather he covers it with a vessel.

Being Tovel the Kailim After Pesach

There is a large debate in the Achronim whether or not one has to be tovel the kailim which was sold to the goy since one who purchases such an item on ordinary circumstances would have to do so. It is therefore that many contracts state clearly that they are only selling the chometz absorbed or stuck to the vessel to the goy but the vessel itself therefore this is not an issue. Others state that since this is not a real selling even if he didn’t specifically stipulate as such he would not have to be tovel the vessel.

When does the Requirement to Recite Sefira Begin

On the second night of Pesach we began counting Sefiras Haomer. The Possuk teaches us that sefira should begin being recited on the day after the beginning of Pesach; meaning on the first day of chol hamoed which is after the beginning of the first chag. The reason for this is since the Torah states that the second day of Yom Tov when the korbon omer is brought one should begin counting 7 complete weeks. (See Menachos 66a)

The reason we begin counting at night as opposed to the next morning when the omer was brought is since the Torah specifies that we start counting on the “day” the omer was brought and not from the time the omer was brought. The day begins the night before. In addition the Torah states that we are to count 7 complete weeks thus we must begin counting the night prior so that it is a complete week.

In fact it is brought in halacha that sefira should be recited after Maariv prior to alainu (Mishnah Berurah 489; 2). The reason for this is since we try to have the counting be as complete as possible thus we try to start counting as soon as possible in the new day (which in Jewish law begins at night.)

The Possuk (Devarim 16; 9) when stating the requirement to recite sefiras haomer says; tispor loch – and you should count for yourselves. Despite the fact that in other places the Torah says there is a requirement to count it does not really mean one needs to physically count the days i.e. nidah, here one is required to count each day until he reaches 49. Since the Torah writes tispor loch each individual is required to recite sefira and it is not like by Yovel where the counting is done by the Bais Din.

How do we in Chutz L’aretz Begin Counting While it is Still the First Day’s Yom Tov

There is a question which is asked by the Achronim (Magen Avrohom, Taz O.C. 489) with regards to beginning counting sefira in chutz l’aretz on the second day of Pesach. We find that on Shemini Atzeres we don’t make a b’racha on the Sukkah since it’s a mockery (because if in fact today is Shemini Atzeres we would not be eating in the Sukkah and we only do so since in chutz l’aretz and we have another day). The same should hold true with regards to saying sefira on the second day of Pesach in chutz l’aretz. Since the Torah teaches us that the day after Pesach which is Chol Hamoed we begin reciting sefirah. Thus we must understand then why there is no issue of saying sefira on what may be the first day of Pesach.

There are numerous answers given. One answer given is the fact that today that we are experts in establishing the calendar it is no longer a sofek whether or not the second night is the first night of Pesach (and despite our knowledge we didn’t abolish the second day of Yom Tov) thus it is not making a mockery. Another reason given is the fact that on Shemini Atzeres this dichotomy is far more apparent since on the same Kiddush he will be saying Shemini Atzeres as well as laishev basukah.

The Y’sod V’shoresh Hoavodah (9;8) and others bring that there are some opinions that state that on the first day of sefirah it should be recited after the seder. The reason they give is that it looks paradoxical to say sefira and to then turn around and have the seder. However most authorities disagree with this premise for a number of reasons; such as the fact that one is forbidden to eat prior to reciting sefira as well as the fact that this may lead to one forgetting to recite it.