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Siman 431, Se'if 1 · The time of the bedikah: "at the beginning of the night of the fourteenth"

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Shulchan Aruch, Siman 431: the laws of the time for bedikas chametz, containing two se'ifim.
"At the beginning of the night of the fourteenth of Nissan we search for chametz by the light of a candle, in the holes and the cracks, in every place where it is customary to bring chametz."
(Shulchan Aruch, se'if 1)

The time of the bedikah: "at the beginning of the night of the fourteenth"

"Meaning, immediately after tzeis hakochavim (nightfall), while there is still a bit of daylight left; and it is proper to begin searching right away so that he will not be lazy about it or forget."
(Mishnah Berurah, s.k. 1)

  • The wording of the Mishnah: The Mishnah in Maseches Pesachim says "Ohr l'arba'ah asar we search for chametz by candlelight," while the Shulchan Aruch changed the wording and wrote "at the beginning of the night of the fourteenth."
  • What "ohr l'" means: In the language of the Mishnah, an expression that has carried over into modern Hebrew as well, "ohr l'" means the night preceding that day. Since in Judaism the night comes before the day, once the thirteenth has set and the stars have come out, the fourteenth has already begun, so "ohr l'arba'ah asar" is the night on which the fourteenth of Nissan begins.
  • Why the Mishnah chose the word "ohr" (light): From this the Mishnah Berurah derives that the time is close to tzeis hakochavim, while a bit of daylight still remains.
  • The view of the Ra'avad and others: The search is done at the end of the thirteenth, during bein hashemashos (twilight), while there is still a little light. This does not sit perfectly with the wording of the Mishnah Berurah, who wrote "after tzeis hakochavim," but in any case that is their position.
  • The practice in fact: We follow the plain sense of the Shulchan Aruch, "at the beginning of the night of the fourteenth," and therefore we daven Ma'ariv first and then do the bedikah.
  • The practice of the Vilna Gaon and others: They would begin the search already after a late Minchah, and would even daven Ma'ariv in the middle and then continue searching. The Gaon, who had a minyan in his home, davened Ma'ariv and then went on with his bedikah.

Why specifically at night and by candlelight

On the face of it, one could search during the day, in sunlight. Why did the Chachamim set the bedikah at night, when there is nothing but candlelight?

"By the light of a candle: because one must search in the holes and the cracks, and daylight will not help for that... And the reason they fixed it at night is that the candle's light shines more brightly then than during the day, even in a dark place, and also because at night people are to be found at home."
(Mishnah Berurah, s.k. 3)

  • Holes and cracks: In sunlight the person searching casts his own shadow onto the very spot he is checking, since the light comes from behind him. With a candle he can bring the light in close, right into the hole, and the light is in front of him and blocks nothing.
  • The power of a candle at night: Candlelight shines more at night than by day, as the Gemara in Maseches Pesachim puts it:

"Of what use is a lamp at midday?"
(Talmud Bavli, Pesachim)

  • The second reason, people are at home: Had they fixed the bedikah for the middle of the day, people would be at work and would lose out. By setting the time at night, both considerations are satisfied at once.

"In every place where it is customary to bring chametz"

"Where it is customary to bring: this is not meant precisely. Even a place where one does not normally bring chametz, but where chametz is used there occasionally, must be checked, lest chametz be brought there without his knowledge."
(Mishnah Berurah, s.k. 4)

  • The practical definition: There is no need to check a place where it is absolutely clear that no chametz is ever brought. A safe in which one keeps only money and documents, for example, does not require bedikah. On the other hand, any place where there is a reasonable assumption that chametz got in does require bedikah.
  • The Gemara's example, the wine cellar: Even though people do not normally eat there, sometimes a child is sent to fetch a bottle of wine and he is holding a piece of bread; and we also worry about a marten that may have dragged chametz into the place.
  • A practical point: One should not burden himself with searching places where there is no logical basis to think chametz ever got there.
  • On whom the obligation rests: The obligation rests on the person. True, the goal is that no chametz be found in the house, but the precise definition is that no chametz be in a person's possession, and it is he who transgresses if he leaves chametz in his domain.

Practical application today: candle, flashlight, and checking the car

  • Checking the car: A car requires bedikah, since one often stops along the way and the children and grandchildren eat inside it.
  • The engine compartment: People do not normally eat there, so there is no need to lift the hood.
  • Searching by flashlight: Checking a car by candlelight is not appropriate, and there is even a danger involved. According to Rav Ovadia and others one may search with a flashlight as well, since the candle is not the essential point but rather the light; the reasons for a candle are that we search at night and that it can be brought into holes and cracks, and with a flashlight the light is no worse, and even better, with no risk of fire. Therefore one can fulfill the obligation with a flashlight, even with the berachah.
  • The custom of our fathers is in our hands: Nonetheless, the practice is to search by candlelight, just as our fathers did, and also because the candle makes an impression on the children.
  • A wax candle: Some are particular to take specifically a wax candle, and they found a hint for this in a letter permutation from the verse "and their cry went up to God."
  • The feather: It is mentioned neither in the Shulchan Aruch nor in the Mishnah Berurah; it is only a custom, since with it one can clean the spot more thoroughly.

The prohibition of work, eating, and learning before the bedikah

"Every person should be careful not to begin any work and not to eat until he has searched. Even if he has a fixed time for learning, he should not learn until he has searched. But if he began learning while it was still day, he need not interrupt."
(Shulchan Aruch, se'if 2)

1. Work

"Even a half hour before the time it is forbidden, lest he be drawn after it. And the same applies to entering a bathhouse, and to all the things listed above in the laws of Minchah. And one who forgot to search at night is forbidden in all these things during the day until he searches."
(Mishnah Berurah, s.k. 5)

  • The root of the prohibition: The concern is that a person will start some project, say a repair on his car, get drawn into it, and forget to search for chametz.
  • The example of a haircut: This is one of the things prohibited before Minchah. In earlier times a haircut took a long while, and there was a worry that the scissors would break and he would be delayed in fixing them. Today, when everyone has scissors and any number of machines, the concern barely exists; still, the underlying principle stands: do not put yourself in a situation that is liable to make you forget the mitzvah, but rather do it after the bedikah.
  • One who forgot at night: He searches during the day, and even then all these things are forbidden to him until he searches. During the day there is an added issue, that these things are not done before davening, so he searches after davening.

2. Eating

"And he should not eat: a mere tasting is permitted, and likewise bread up to the size of a k'beitzah (an egg's volume) and no more, or fruit even in quantity, as we wrote above... And the leniency of eating fruit in quantity applies only during the half hour before the bedikah; but once the time of the bedikah has arrived, it is not proper to eat a large amount even of fruit."
(Mishnah Berurah, s.k. 6)

  • There is no need to fast: A small tasting is permitted, as is bread in the measure of a k'beitzah and no more.
  • The practical rule: A person must take the matter in hand and avoid anything liable to draw him in, whether eating, work, or other occupations, and begin with the bedikah first so that he will not forget.

3. Torah study

"He should not learn: here too there are those who forbid even a half hour beforehand, unless he asked someone to remind him when the time arrives. And there are those who permit learning beforehand, and only once the time has arrived is it forbidden. And even according to those who forbid, it is only forbidden when he is learning at home; but those who learn a shiur in the beis midrash after davening need not be concerned... Still, even this is permitted only when learning without pilpul (in-depth analysis), for with pilpul we are concerned in every case that he will be drawn after it."
(Mishnah Berurah, s.k. 7)

  • Appointing a reminder: According to those who forbid a half hour before the time, the remedy is to appoint someone to remind him that the time for bedikah has arrived. It should be added that the reminder himself might also forget.
  • A public shiur in the beis midrash: This is permitted, for two reasons: in a group there is no concern that they will forget, since even if one person forgets the whole group will not; and further, the shiur has a fixed time, and when it ends he must go home and search.
  • Learning with pilpul: Even in a public shiur, only learning without pilpul was permitted, for with pilpul we are concerned in any case that he will be drawn after the learning.
  • If he began while it was still day: If he began learning while it was still daytime, he need not interrupt.

4. The general rule for any mitzvah whose time is at the beginning of the night

  • The rule: For any mitzvah whose time is set for the beginning of the night, some say that already a half hour before the time it is forbidden to begin eating or working, as a margin of safety, lest he be drawn in and forget. And others say the prohibition begins only once the time has arrived.
  • Examples: Lighting the Chanukah candles, and reading the Megillah.

The order of precedence between the bedikah and Ma'ariv

"Those who daven Ma'ariv at its proper time with a minyan should daven first, since it is troublesome to gather them together afterward; and there is also not much concern that he will forget to search, for davening is a fixed matter with a set length, and there is no worry that he will be drawn after it. One who davens at home should have someone else do the search while he davens, and in this way he fulfills both at their proper time. And if there is no one else, he should daven first. However, if he is always accustomed to daven alone, he should search first, since he is used to it and we are not so concerned that he will forget."
(Mishnah Berurah)

  • The reason "it is troublesome to gather them": If people begin searching close to Minchah or during bein hashemashos, each one will stay home and search, and afterward it will be hard to gather the congregation to shul for Ma'ariv. This wording indicates that there were those who searched even before the time of Ma'ariv.
  • Why there is no concern he will forget: One who davens Ma'ariv with a minyan does not remain in shul after davening; he goes straight home and searches. And davening itself has a set length, so there is no concern he will be drawn after it.
  • One who davens at home: He should appoint someone else to search while he davens, and thus both are done at their proper time. Still, one has to consider when that other person will search in his own home and when he will daven; sometimes it is his son.
  • An additional view: Some wrote that one should always daven first, based on the rule of tadir v'she'eino tadir, the more frequent mitzvah comes first.
  • The accepted practice: We daven Ma'ariv in shul, return home, and search.

Shulchan Aruch, Siman 432: the law of the berachah on bedikas chametz, containing two se'ifim.
"Before he begins to search he should recite the berachah: ...Who has sanctified us with His mitzvos and commanded us concerning the removal of chametz."
(Shulchan Aruch, se'if 1)

Why we say "al biur chametz" and not "al bedikas chametz"

"Concerning the removal of chametz: even though he does not actually remove it until the next day, nevertheless this search is for the sake of the removal."
(Mishnah Berurah, s.k. 3)

  • The difficulty: The biur itself takes place the next morning, while here he is only beginning with the bedikah.
  • The resolution: The entire bedikah is for the sake of the biur, and therefore the mitzvah is named for its conclusion.
  • Why we do not say "al bedikas chametz": Because the bedikah is only the beginning of the mitzvah and does not include its completion.
  • Why we do not make a berachah on bittul chametz: Because the essence of bittul (nullification) depends on the heart, and we do not recite berachos on matters of the heart.

The wording of the berachah: "al" or the lamed form

  • After the fact: If he said "l'va'er chametz," he has fulfilled his obligation.
  • The rule that is not a rule: There is no clear answer as to when we use the form "al" and when we use the lamed form. Among the Rishonim there is a lengthy responsum of Rabbeinu Yosef ibn Palat that attempts to distinguish between the cases ("al tekias shofar" versus "litkoa b'shofar" and "lishmoa kol shofar," "al mikra megillah" versus "likro megillah"), and he offers a number of distinctions, but it does not work out neatly in every case.

Washing the hands and preparing for the bedikah

  • Washing the hands before the berachah: The Be'er Heitev (s.k. 1) brings in the name of the Taz to wash one's hands before the berachah, and this is only a matter of cleanliness.
  • Preparing one's body and clothing: Some had the practice of putting on a special garment for the mitzvah, as is done for matters of holiness, especially since this mitzvah comes only once a year.

Why we do not recite Shehecheyanu on bedikas chametz

The Mishnah Berurah does not raise this question; it is brought in the Acharonim and in the Be'er Heitev.

  • One answer: Since the bedikah is for the needs of the festival, we rely on the "z'man" of the festival, that is, on the Shehecheyanu recited at the Kiddush on Yom Tov night, which covers also the things involved in preparing for the chag.
  • Rejection of that answer: Not everyone accepts this reasoning, and some rejected it, as brought there in the Be'er Heitev.
  • A further answer (the Abudraham): A person does not say Shehecheyanu on the bedikah because through it he has to destroy and dispose of products that are worth money, and there is distress in that. On the one hand he is happy to have reached Pesach, and for that he says Shehecheyanu at the Kiddush after he has cleaned the entire house; but at the moment of the bedikah itself, when he is required to get rid of things that cost him money, he does not feel moved to give thanks with this berachah.

How long the berachah remains in effect, and interruption between the berachah and the mitzvah

  • Where an interruption is forbidden: The prohibition against interrupting is between the berachah and the start of the mitzvah. Once he has begun performing the mitzvah, the berachah has already taken effect.
  • An example from shofar: If the ba'al tokea is unable to continue in the middle of the tekios, the one who replaces him does not need to make a new berachah, because the first berachah has already taken effect.
  • An example from birchos hanehenin: One who says borei pri ha'eitz and eats a slice should not speak afterward, and yet the berachah has already taken effect and he does not repeat it.
  • The practice during the bedikah: The custom is not to talk during the bedikah, as it is not appropriate, but the main issue is not the talking.
  • The real question, time: The question is how long the berachah remains operative and how much of a pause is considered an interruption. Someone who makes a berachah on an apple and eats a slice, then falls asleep, wakes up, and wants to continue, that is a question of a lapse of time, not of speaking.
  • Reading the Megillah: Someone who stepped out in the middle of the Megillah reading to be mekadesh the levanah (as happened in chutz la'aretz on the night of the fourteenth of Adar, the last night for Kiddush Levanah): we learned in the laws of Megillah that he continues from where he left off and does not go back to the beginning, even though this is a substantial interruption. The Megillah has its own special law.
  • Krias Shema: One who interrupted in the middle and paused for a long time, the poskim wrote that he goes back to the beginning of the parashah, since one cannot join verse to verse when there is no connection or continuity between them.
  • Checking the car with the berachah made in the house: The Shulchan Aruch and the Mishnah Berurah will explain that with one berachah one may search several houses. Accordingly, some say that a person going down from his apartment to the parking area below, where the interval is short, may check the car on the strength of the berachah he made in the house. But if the car is far away, for instance in a distant parking lot, that is another matter.

In passing · Homiletic readings of the names of Pesach foods

  • Expounding the names at the Seder: In the Haggadah we explain the names themselves: "Pesach, on account of what?", "This matzah, on account of what?", "Maror, on account of what?"
  • Chasah (lettuce): The Gemara takes chasah as maror, and expounds: "chasah, the Merciful One had mercy (chas) upon us."
  • Chrein (horseradish): In chutz la'aretz the custom was to use chrein for maror, and some expounded the name from the word "krein," an expression of a crown.
  • The conclusion: Since the Gemara itself expounds the names of the foods in several places, the custom developed on Pesach to expound the names of the foods, and along these lines is also the hint mentioned regarding a wax candle.

In passing · Eating before Havdalah

  • The difficulty: It is understandable why one may not do melachah before Havdalah, but why may one not eat? Eating itself is not forbidden on Shabbos.
  • Rav Soloveitchik's insight: The prohibition to eat before Havdalah is not because of Shabbos at all, but stems from the very principle we learned here: the concern that he will be drawn into his meal and forget to make Havdalah. Accordingly, seudah shelishis, which is eaten in a group, is not included in the concern, whereas one who eats alone at home is subject to the worry that he will be drawn in and forget.
  • A qualification: Not all the poskim agree with this novel explanation.
  • A practical difference: According to this reasoning we can understand the practice in certain places in Europe of making Havdalah on Sunday morning while eating on Motza'ei Shabbos night. But according to those who hold that the prohibition is bound up with the day itself, the matter must be explained differently.