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...
Hanukah – May One Use the Light of the Hanukah Candles if There’s a Power Failure?
Hanukah – The Order of Preference When Choosing a Menorah; Using Coagulated Oil
Hanukah Candles – The Proper Time for Lighting, and the Suitable Oils and Wicks
Hanukah – May Inedible Olive Oil be Used for Hanukah Candle Lighting?
Hanukah – If One is Unsure Whether the Candles Will Burn for a Half-Hour
Hanukah – Candle Lighting When Staying in a Hotel
If One’s Hanukah Candles Were Extinguished Shortly After Lighting
Hanukah – Extinguishing or Using the Candles After a Half-Hour; Reusing the Previous Night’s Wicks; Lighting One Candle From Another
Chanukah- the Beracha Recited Before Hallel; Women's Recitation of Hallel
Al Ha’nisim – If One Forgot to Recite Al Ha’nisim or Recited it in the Wrong Place
Hanukah – Reciting a Beracha Over Hallel; the Times When Hallel May be Recited; Reciting "Mizmor Shir Hanukat Habayit"
Hanukah Candle Lighting on Ereb Shabbat and Mosa’eh Shabbat
The Hanukah Miracle; Customs Regarding Working and Festive Meals During Hanukah
Hanukah – Where Should a Guest Light if He Will be Returning Home That Night?
Hanukah – The Shamosh
Page of 239
3585 Halachot found