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...
Do We Make A Beracha Al Mitzvat Bikur Cholim When Visiting The Sick?
Proper Protocol When Visiting an Ill Patient
The Duration of A Bikur Cholim Visit
Prayer on Behalf of an Ill Patient as Part of the Mitzva of Bikur Cholim
Some Laws of Bikur Cholim – Visiting the Sick
Borrowing Money From a Tzedaka Box
The Importance and Some Issues Regarding Names, and The Requirement To Annotate When Saying The Name of An Evil Person
Limits On One's Private Property, Including; It Is Permissible To Erect A Succah In The Middle Of The Night
Gluttonous Bites
Proper Etiquette for a Guest
Proper Protocol When Escorting A Rabbi or Great Leader
The Importance of Birkat Ha'Torah
Is The Requirement Of Setting Aside Time For Learning Everyday Fulfilled If Being Paid For It
Proper Positioning Of Tefillin and Tallit in the Koracha and Its Importance and Lesson
Avraham Aveenu Performed All The Mitzvot Even Before The Torah Was Given
Page of 239
3585 Halachot found