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...
Yom Tob Candle Lighting
What To Do If You Miss 'ViTodienu' On Motzae Shabbat That is Yom Tov
May One Cook on Yom Tob Food Which He is Unable to Eat?
Yom Tob Candle Lighting – Should the Beracha be Recited Before or After the Lighting?
Laws of Kiddush and Meals on Yom Tov
Traditional Recitations on Holidays According to the Customs of Halab
Carrying Outdoors on Yom Tob
If a Person Realizes Upon Arriving in the Synagogue That He Had Not Prepared an Erub Tabshilin
Does an Erub Tabshilin Allow Cooking on the First Day of Yom Tob for Shabbat?
Which Foods are Suitable for the Erub Tabshilin?
Must a Guest Prepare an Erub Tabshilin?
What Is The Latest Time On Erev Yom Tov, One Can Make Eruv Tavshilin?
Separating Halla from Dough on Yom Tob
Is it Permissible to Squeeze Fruit on Yom Tob?
The Controversy Surrounding the Recitation of the “Yag Middot” on Yom Tob
Page of 239
3585 Halachot found