DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 794 KB)
Pesah – Must One Search for Hames in the Areas Containing the Hames That He Sells?

The accepted practice is to arrange before Pesah for the sale of the Hames in one's home which he does not wish to destroy before Pesah. The Hames is stored in certain locations in the home that one closes off before the holiday, and on Erev Pesah the Hames' sale to a gentile takes effect, such that the Hames is not in the Jew's ownership during Pesah.

The question arises as to whether the obligation of Bedikat Hames – searching one's home for Hames on the night before Erev Pesah – applies to these areas. Since one knows that these areas will contain Hames, and that Hames will in any event be sold the following day, it would appear unnecessary to search these areas for Hames. Indeed, the Hatam Sofer (Rabbi Moshe Sofer of Pressburg, 1762-1839) ruled that one who sells his Hames does not need to search through the areas of the house where the sold Hames is stored. The Hayei Adam (Rabbi Avraham Danzig of Vilna, 1748-1820), however, disagreed. He argued that since the sale of the Hames takes effect only the following day, on the morning of Erev Pesah, it does not impact upon the obligation of Bedikat Hames, which applies the previous night. At the time of Bedikat Hames, no Hames has been sold, and therefore the obligation to search for Hames applies to the entirety of one's home, including those areas where he will store the Hames that will be sold the following day.

As for the final Halacha, Hacham Ovadia Yosef follows the position of the Hatam Sofer, who held that one need not search the areas in the home where he will store the Hames that he plans to sell to a gentile. Thus, although the obligation of Bedikat Hames requires a thorough search of one's home, it does not apply to those areas which contain the Hames to be sold to a gentile, and which will be closed off throughout the holiday of Pesah.

 


Recent Daily Halachot...
Making a Zimun When a Third Person Joins After the First Two Finished Eating
Can People Form a Zimun if One Person’s Food is Forbidden for the Others?
When is Birkat Ha’mazon a Torah Obligation?
Can People Sitting at Separate Tables Join Together for a Zimun?
Birkat HaMazon If One Ate a Ke’zayit of Bread Slowly, Over the Course of an Extended Period
Kavana During Birkat Ha’mazon
Must the One Who Leads Birkat Ha’mazon Hold the Cup Throughout the Sheba Berachot?
“She’hakol” and “Boreh Nefashot” if One is Drinking Intermittently in One Location
Using for Kiddush or Birkat Ha’mazon a Cup of Wine From Which One Had Drunk
If the Group or Part of the Group Recited Birkat Ha’mazon Without a Zimun
If Three People Ate Together and One Needs to Leave Early
Should Abridged Texts of Birkat Ha’mazon be Printed in Siddurim?
Making a Zimun When a Third Person Joined After the First Two Finished Eating
The Importance of Using a Cup of Wine for Birkat Ha’mazon; Adding Three Drops of Water to the Cup
If One Ate Half a “Ke’zayit” of Fruit Requiring “Al Ha’etz,” and Half a “Ke’zayit” of Other Fruit
Page of 239
3585 Halachot found