web analytics
September 1, 2014 / 6 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Home » Judaism » Parsha »

Chametz After Pesach

Taste-of-Lomdus-logo

A Jew is prohibited to own chametz on Pesach. Thus, he must destroy all his chametz beforehand. If he doesn’t and owns chametz on Pesach, the Mishnah in Pesachim 28a says that the chametz cannot be eaten after Pesach mi’de’rabbanan. (Chametz that belonged to a non-Jew, however, can be eaten after Pesach.)

There seems to be conflicting reasons for this prohibition. The Gemara in Pesachim 29a clearly states that Chazal imposed a k’nas for transgressing bal yeira’eh u’bal yimatzei. However, the Rambam (Hilchos Chametz U’Matzah 1:4) adds that even if a Jew unintentionally or completely by accident (an oneis) owned chametz during Pesach, the food is still prohibited after Pesach so that he will be more be more careful in the future.

In other words, as the Maggid Mishnah points out, even if someone has not transgressed the bal yeira’eh u’bal yimatzei, the chametz is still prohibited. According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

Similarly, the Ramban, in Pesachim 31, states explicitly that a person need not actually transgress the prohibition of bal yeira’eh u’bal yimatzei in order for the chametz to become prohibited. This is evident from the fact that chametz owned by a Jew on Pesach is forbidden to everyone afterwards – even though only one person sinned.

The Meiri, in Pesachim, quotes the Chachmei Luneil’s opinion that chametz which a Jew nullified before Pesach is permitted after Pesach since he has not transgressed bal yeira’eh u’bal yimatzei. The Chachmei Luneil stress that one must be certain that the nullification was sincere.

The Meiri, however, disagrees, ruling that the chametz is forbidden after Pesach. He says this is not because the owner violated the rule that one must burn one’s chametz and not rely on nullification alone. Even if the owner was not negligent and merely forgot to burn his chametz in addition to nullifying it, the chametz is still forbidden since one could, in theory, transgress the aveirah with it (which is not the case, for example, if a non-Jew owns the chametz for Pesach).

The Rambam would agree with the Meiri as he also maintains that one need not actually violate bal yeira’eh u’bal yimatzei for the k’nas of Chazal to apply.

Interestingly, even some of the Rishonim who argue that the k’nas only applies to people who transgress bal yeira’eh u’bal yimatzei agree that chametz that was mafkir is forbidden after Pesach. Why? These Rishonim explain that we are concerned that a person won’t be sincere when he is mafkir his chametz.

This is not comparable to someone who sells his chametz to a non-Jew. In that situation, we are not as concerned about that person’s sincerity. Even if a person is not completely sincere regarding a kinyan, the kinyan is still valid and binding. The same cannot be said regarding being mafkir something. There, sincerity matters.

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Chametz After Pesach

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Eyal Yifrach, Gilad Shaar, Naftali Frenkel: three Israeli teens kidnapped and murdered on June 12, 2014 by Hamas terrorists in Gush Etzion. In their memory, Israel decided this week to designate a lot as state land, near the site where they were abducted.
Obama White House Condemns Designation of Gush Etzion Lot as ‘State Land’
Latest Judaism Stories
The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

Daf-Yomi-logo

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Taste-of-Lomdus-logo

According to Rabbi Yishmael one was not permitted to eat such an animal prior to entering Eretz Yisrael, while according to Rabbi Akiva one was permitted to eat animals if he would perform nechirah.

Tosafos there takes issue with Rashi’s view that the letters that are formed in the knots of the tefillin are considered part of the name of Hashem.

The Rambam says that in order to honor Shabbos, one must wash his hands, face, and feet with warm water on Friday.

The talmid is not allowed to speak up due to any fear. If he remains silent, he is in violation of this prohibition.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

There are several rules that one must adhere to when making a neder.

We need to understand why Moshe Rabbeinu decided to ask that his sons inherit his position after this new halacha was introduced.

Printed from: http://www.jewishpress.com/judaism/parsha/chametz-after-pesach/2014/04/14/

Scan this QR code to visit this page online: