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...
Chanukah- The Proper Position When Lighting Chanukah Candles in the Synagogue
Chanukah- The Procedure for Torah Reading When Rosh Chodesh Tevet Falls on Shabbat
Chanukah- Birkat Roeh- When A Person Knows He Will Be Unable To Light The Menorah
Chanukah- Does One Repeat The Berachot At Home If He Already Lit The Menorah With The Berachot In Shul
Chanukah- A Dignified Menorah
Chanukah- When Your Neighbor Does Not Have Enough Money To Buy Oil To Light The Menorah
Chanukah- Is It Permissible To Rekindle or Light The Menorah After Lighting Shabbat Candles on Erev Shabbat
Chanukah- Is Al Ha’nisim Required In Arbit On The First Day Of Chanukah, Or In Musaf Shabbat and Rosh Chodesh
Chanukah- Hallel for Men and Women On Chanukah
Chanukah- The Proper Time for Lighting Chanukah Candles
Chanukah- The Traveler At Time of Menorah Lighting
Chanukah- Menorah Lighting in Shul
Chanukah- Is It Permissible To Allow A Child to Light Chanukah Candles
Chanukah- 2 Halachot: Eating Dairy Products on Chanukah, and The Proper Procedure of Lighting Before and After Shabbat
Chanukah- Is It Permissible To Answer To Other Berachot During Hallel
Page of 239
3585 Halachot found