DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Zelda bat Tzvi Hersh Rubinstein & Hillel ben Naftoli Rubinstein
"Ken Asa Hillel- Mommy and Deddy I miss you so much! May your neshamos have the highest aliyah, may you be a meyletz yosher for klal Yisrael, and be zoche to bring the moshiach b'mhara b'yameinu - AMEN!"

Dedicated By
Esther Walfish

Click Here to Sponsor Daily Halacha
      
(File size: 1 MB)
Must One Perform Bedikat Hametz if He Goes Away for Pesah?


The question commonly arises as to whether a person who spends Pesah away from home must perform Bedikat Hametz (the search for Hametz on the night of Erev Pesah). In principle, the obligation of Bedika applies even if one leaves his home, unless he leaves a month or more before Pesah. The Shulhan Aruch (Orah Haim 436:1) writes explicitly that one who leaves home within thirty days of Pesah must perform Bedikat Hametz – albeit without a Beracha – even if he has no intention of being home at all during Pesah. Fundamentally, then, a person who goes away for Pesah is nevertheless required to search his home for Hametz the night before his trip, though without a Beracha.

In practice, however, people generally sell the Hametz in their homes to a gentile, through the agency of their Rabbi, before Pesah. Therefore, since all the Hametz in one’s home will belong to a gentile throughout Pesah, one who leaves for Pesah is not required to search for Hametz. After all, there is no obligation to search for a gentile’s Hametz, and thus assuming that one did a proper Mechirat Hametz (sale of a Hametz), he is not required to perform a Bedika before he leaves for Pesah.

Hacham Ben Sion Abba Shaul (Israel, 1923-1998), in his work Or Le’sion (vol. 3, 7:19; listen to audio recording for precise citation), adds one condition to this Halacha. Namely, one must ensure to have in his home an amount of Hametz that has some value (a "Peruta" worth). If the only Hametz in his home are valueless crumbs, then the sale to the gentile is not valid, and the obligation of Bedika thus takes effect. The sale is legally binding only if the Hametz in the home amounts to something significant, such as a bottle of beer or scotch, or a box of packaged Hametz food and the like. So long as some significant Hametz is in the house, the sale is valid and one is not required to perform Bedikat Hametz.

Furthermore, Hacham Ben Sion writes that one must perform Bedika in the place where he is staying for Pesah, such as a hotel room, if he took possession before the night of Erev Pesah. This applies even to a rented car, and to a room in one’s parent’s home that they give him for the holiday. If one has the car or room before the night of Erev Pesah, when the obligation of Bedika takes effect, then he must perform Bedika that night with the Beracha. Hacham Ben Sion adds that it is actually preferable to take possession of one’s room before the night of Erev Pesah so that he will be able to perform this Misva of Bedikat Hametz.

Summary: A person who goes away for the entirety of Pesah is not required to perform Bedikat Hametz in his home before he leaves, provided that he performed Mechirat Hametz and that some Hametz of value is in his home. If he moves into his hotel room or guest room, or rents a car, before the night of Erev Pesah, he must perform Bedikat Hametz in those areas – with a Beracha – that night.

 


Recent Daily Halachot...
Delaying a Berit Mila if the Child is Jaundiced
If a Berit Mila Was Performed at Night, or Before the Eighth Day
If a Mohel Performing a Berit on Shabbat Cannot Perform the Mesisa
May a Mohel Perform a Circumcision For the First Time on Shabbat?
On Which Days of the Week May a Delayed Berit Mila be Performed?
Performing a Berit Mila on Friday After Accepting Shabbat; Performing a Brit Mila After Sundown
Scheduling a Berit for a Child Born After Sundown on Friday Afternoon
Walking Beyond the “Tehum Shabbat” to Perform a Berit on Shabbat or Yom Tob
May Two Different Mohalim Participate in the Same Berit on Shabbat?
Scheduling a Berit Mila for a Baby Born on Shabbat or Yom Tov, or Right After Sundown on Ereb Shabbat or Ereb Yom Tob
Performing a Berit Mila on Shabbat on a Child Whose Father is Not Jewish
Some Laws Relevant to the Sandak at a Brit Milah
The Presence of Eliyahu Ha'navi at a Berit Mila
Designating a Chair for Eliyahu Hanabi at a Berit Mila
A Brit Milah Should Be Performed As Early As Possible In The Morning
Page of 239
3585 Halachot found