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There are two posukim in the Torah where we learn that one is not allowed to possess chometz in one's domain during Pesach. The Torah states in (Shemos 13-19) "Chometz shall not be seen to you and leaven shall not be seen to you in all your boundaries". Furthermore, the Torah states (Shemos 12-19) "Seven days there shall be no leaven found in your home". From these two posukim we learn that one who has chometz in one's domain even though one does not eat any actual chometz transgresses two negative commandments of "bal yirah and bal yimotzah" -one shall not see and one shall not find.
One can only violate these issurim if one owns chometz or is in possession of chometz of a Jew or non-Jew that is under his authority, for it is the same as if the chometz is actually his own and he must dispose of it (SA 640-1, MB-9). In this situation the Jew must return it to the non-Jew before Pesach. If he cannot return it, he must destroy it. If Pesach passed and the chometz was not destroyed, the chometz is prohibited and may not be eaten and one may not derive any benefit from it just as if it was his own (MA 440, MB-4). One does not transgress any prohibition if one finds or sees chometz that belongs to others.
The issur of chometz is more serious than other issurim which the Torah forbids. For the Torah forbids not only benefitting from it but also possessing it. One who keeps chometz in ones possession until after Pesach must destroy it according to the Rabbis.
One who eats a Kizayis of chometz during Pesach is punished by Kores.
Even a minute particle of chometz is forbidden on Pesach, if it mixes with another food all the mixture become forbidden. Even if the mixture is unfit, it is still forbidden on Pesach (SA 446-3, MA). However, if chometz became mixed into food before Pesach, it is nullified provided that it is less than 1/60th of the volume of the entire mixture and that it has become completely dissolved into the mixture and cannot be discerned.
One may not pick up or carry around any chometz during Pesach, even if that chometz belongs to a non-Jew since one may forget and eat it. However, one may carry chometz in order to burn it. If one sees chometz in the street one should not pick it up (Rivash 101).
In addition to the prohibition of possessing chometz the Torah commanded us to dispose of all chometz and leaven items in one's domain as it states in the Torah (Shemos 12-15) " but on the first day you shall dispose of leaven from your houses". This is known as a positive commandment of "Tashbisue"- disposing.
The Gemorah in Pesachim 4b states that "the first day" cannot refer to the first day of Pesach because the posuk states "that seven days there shall be no leaven found" indicating that one must have seven complete days, therefore, if one waits until the first day of Pesach one would not have seven complete days. Therefore the Gemorah determines that one must dispose of the chometz on the previous day.
The Gemorah further states that since the Torah states "but" on the first, this is to tell us that we must divide the day. The first part of the day, one is allowed to eat chometz and the second half of the day chometz is prohibited. Therefore, it was determined that according to the Torah one must dispose of the chometz before the seventh halachic hour on erev Pesach, it is at this time that chometz becomes prohibited (Shulchan Aruch 431).
Furthermore, Chazal felt that a person might error in the calculation of the hour and assume it is before the seventh hour when in fact it is afterwards. Therefore, Chazal prohibited one to eat chometz after the fourth halachic hour (Shulchan Aruch 443-1), during the fifth hour one is permitted to derive benefit from the chometz, he can sell it etc. During the sixth hour one may not eat or derive benefit from chometz.
Any flour of the five species of grain ( wheat, spelt, oats, barley and rye) as well as their skins (brain) which become mixed with water and allowed to ferment for more than eighteen minutes before being baked is considered chometz (SA 465-1, MB 454-2).
If flour was mixed with fruit juice or with eggs, or if it was mixed with water but was placed into the oven immediately, it does not become chometz. However, the minhag is to refrain from doing this for we are afraid that water or saliva (which is considered water) may have inadvertently been mixed with the fruit juice or eggs into the flour, and he might not be careful to bake the dough immediately (SA 462-2&5, 466-1). The dough will become chometz since it has water mixed into it and was allowed to ferment and the person will be culpable for "seeing and having" chometz in ones possession on Pesach.
Anything that is not of the five grains such as rice, legumes and other types of flour cannot become chometz. We will see later regarding the minhag to refrain from rice and legumes.
Chometz may not be consumed on Pesach either through eating or dissolving it in water and drinking it, one may not derive any benefit from the chometz.
According to the Torah there are three methods of discarding of the chometz, nullifying, destroying it and abandoning it.
When one nullifies the chometz, one is stating that all chometz that belongs to him is to be considered as dust (Tur 431). By nullifying one's chometz one is renouncing all ownership to the chometz.
A second method of disposing of chometz is to search for all the chometz in one's domain and destroy it. This act of destroying of the chometz is called "biur chometz".
Some poskim are of the opinion that abandoning the chometz is the same as nullifying it (Ran Pesachim 2a,Tosfos 4). Others are of the opinion that it is a separate category (Ramban etc.), therefore, if one has chometz they may abandon it even if it remains in the house, since he indicates by his action that he does not want the chometz to be his (Nodai B'yihudah Vol. 1 OC 19, Kehilas Yakov Pesachim Siman 2).
Chazal required all methods even though one method would be sufficient (MB 431-2 & 434-6). Their reasoning is as follows:
Chazal permitted one who owns a large quantity of chometz which he is reluctant to destroy for that would cause him a considerable financial loss to sell it to a non-Jew. One must realize that this is a real business transaction, it is a permanent sale. The non-Jew paid for the chometz and took it away. Today, the Jew does not actually receive money from the non-Jew and the chometz is not actually taken away. However, the sale is legitimate and is binding, one should not mistake it to be a ceremony, it is not a ceremony (Chasam Sofer OC 113). If the non-Jew wishes to keep the chometz, all the non-Jew needs to do is to pay the balance of money due, for at the time of the selling the non-Jew put down a deposit with the remainder to be paid after Pesach. (Shulchan Aruch 448). Although the seller is fully aware to the fact that the non-Jew will not meet the terms of the agreement by paying the full amount of the chometz and thus the chometz reverts back to the seller after Pesach. He must consider it sold and therefore it is no longer the seller for that period of time. According to halacha transfer of ownership requires intent to sell, the seller must intend to relinquish all rights to the chometz in order for title to be transferred to someone else. Therefore, when the seller consciously considers the chometz as belonging to the non-Jew upon payment, even partial payment, the chometz may remain in the home of the seller since it no longer belongs to him. If for some reason the price of the chometz rises during Pesach and the non-Jew decides to pay the balance due the seller has no recourse but to complete the sale by accepting the price that was agreed upon.
One does not need to sell the chometz himself but may appoint a representative to sell it for him. Today, due to the many pitfalls involved with regard to the sale, the minhag is that one appoints his Rabbi or other agent to act in his behalf (Sedai Chemed Vol. 8 Siman 9-6). A power of attorney is used whereby the signer is appointing the Rabbi or agent to sell his chometz together with the place where it is found and gives permission for the non-Jew to have access to the places of chometz (Chasam Sofer OC 109, Biur Halacha 448-3, Igros Moshe OC Vol. 1-150).
After one sells the chometz to a non-Jew one may leave the chometz in ones home without transgressing the prohibitions of not seeing or having chometz since the chometz does not belong to him. However, the chometz must be set aside in a special place that is rented to the non-Jew so that the chometz now becomes the property of the non-Jew (Bach 448, MB 433-23).
The place where items of chometz or utensils that one sells together with the chometz should be stored somewhere which is inaccessible so that no one may come to make a mistake and take something from it through force of habit (Rama 451-1). Closets that do not lock should have a sign hung on it with the words "chometz" in order to remind you that chometz is stored in that area, and in this way one will not make an error. Closets that are out of reach which have actual chometz in them need to have a notice as well on them. However, if they are just clean utensils in them than on may be lenient and no sign is needed (MB-7, See Orchos Rabanu Vol. 2 Page 5).
One is permitted to take out of the closet or room that one sold to the non-Jew items that are not chometz. However, one should not remain in the room for an extended period of time (Chock Yosef 448-6, Biur Halacha 440-2, Igras Moshe OC Vol. 3-92).
One needs only to sell chometz that is visible to the eye. Chometz that is absorbed in one's dishes may be just put away if they are clean in a place that one will not enter during Pesach. Some poskim are of the opinion that this is not sufficient and one must include dishes in the sale of one's chometz. After Pesach the dishes do not require tevilah in a mikvah, which is required in the case where one purchases dishes from a non-Jew, for only the chometz that is absorbed into the dishes was sold not the dishes themselves. Included in the sale are also mixtures of chometz or utensils that have chometz stuck to them for it could not be removed (Chazan Ish OC 116-14, Shvus Yitzchok Perek 3, Orchas Rabanu Vol. 2 Page 6) and also someone else's chometz that is in your possession (SA 140-2) and if one has shares in a company that is in possession of chometz (Minchas Yitzchok Vol. 3-61, Igras Moshe).
One may sell the chometz as long as one is permitted to derive benefit from it- until the fifth halachic hour of the fourteenth of Nissan. After this time, one cannot sell it but must destroy it, no matter how great the loss is.
One may appoint one's wife or son just as one appoints another representative to give over the power of attorney to the Rabbi.
If one is living far away, he can telephone the Rabbi and appoint him as his representative to sell the chometz (Rabbi YS Eliyashiv Shlita, See Kaf Hachaim-21) or appoint him by sending him a letter (Chasam Sofer EH Vol. 1-43).
One should not use the chometz item immediately after havdalah on Motzei Pesach for one must give the Rabbi sufficient time to buy it back from the non-Jew.
If there is a time zone difference the nullification and selling of the chometz must take place before the earlier of the two time zones (Rabbi Moshe Feinstein Zt"l). One must make sure when they are selling the chometz that the rav does not buy back the chometz before the latter time zone (Rabbi Moshe Feinstein Zt"l).
Therefore, an American that goes to Eretz Yisroel for pesach should sell it to a rav in America that will sell the chometz on the thirteenth of Nisson. Or you may sell it in Eretz Yisroel but you must tell the rav that you are from America so that he will buy back your chometz when pesach will be over in America (Oneg Yom Tov 36, Yalkut Yosef Vol. 7-117). Someone from Eretz Yisroel should sell it in Eretz Yisroel and tell the rav that they are going to America or sell it in America and tell the rav that you are from Eretz Yisroel so that he will sell it earlier. Some Rabbonim in America do not sell the chometz earlier therefore one should look into this well in advance (Noam Vol. 17).
CHOMETZ THAT EXISTED DURING PESACH
Chometz that existed during Pesach and was not sold to a non-Jew is forbidden after Pesach, even if the the chometz is forbidden Midirabanan (Rav Shulchan Aruch 442 KA-9).
One should but after Pesach only from stores of a trustworthy person who sold their chometz or from someone that has a certificate that he has sold his chometz. If one sees a friend buying from a store that did not sell their chometz and he doesn't know about it, one should tell him that it is forbidden to buy there (Chaim Shaul Vol. 2-38).
One should clean one's home from all traces of chometz prior to making the bedika (Rama 433-11). The minhag is to clean the the whole house on or before the thirteenth, so that the bedika can be started immediately on the eve of the fourteenth (MB-46).
Immediately on the eve of the fourteenth of Nissan one is required to search one's domain, store or office for all chometz (SA 433-1). One is not allowed to postpone the bedika for the day of the fourteenth (MB 433-2).
If one can only perform the bedika either on the thirteenth by day or on the fourteenth by day, one should perform the bedika on the fourteenth by day with a bracha (Emek Teshuva Siman 63).
Although the issur of chometz does not begin before the seventh halachic hour on the fourteenth day. Nevertheless, Chazal held that the search must be done in the evening for two reasons.
One should perform the bedika at the beginning of the evening (nightfall) of the fourteenth (when three stars appear) (MA 431-1, MB-1). According to Rabbi Moshe Feinstein Zt"l the proper time to perform the bedika in America is 50 minutes after sunset.
One is prohibited to engage in any work (SA 431-2), eat a regular meal a light snack (a k'beitzah or less of bread, eat fruit or drink in any quantity) is permitted (MB-6, See Biur Halacha) within a half an hour before nightfall (MB-5). When the time to make the bedika arrives one should not delay (MB-6). The reason for this is that Chazal were afraid that one would become engrossed in the subject matter and become negligent and not perform the bedika in its proper time. If the person engaged in the above prior to the half hour, one may continue until nightfall whereupon one must stop and perform the bedika. If one started within the half an hour, one must stop what they are doing and perform the bedika (Rama 431-2, MB-12).
One who cannot perform the bedika unless he eats something, according to some poskim should appoint a representative to make the bedika and than he can eat (Siddur Pesach K'Hilchoso Chap. 13-4 based on the Biur Halacha 431 that the bedika itself must be performed immediately at nightfall, See Biur Hativ 470-3). If no representative is available, he may eat just a little so that he will has strength to perform the bedika but he should not eat until he is satisfied. Others are of the opinion that one may appoint someone to remind him that he should not forget to make the bedika (Based on the MA 431-5). Therefore, one who traveled and is unable to perform the bedika properly, should preferably appoint a representative to perform the bedika but if this is not possible he may rest a little or take a short nap (half an hour) and request that someone should wake him up to perform the bedika (Daas Torah 431-1). However, this is only if one arrives at the beginning of the night but if he arrives in the middle of the night he must perform the bedika immediately (Daas Torah).
One should not busy themselves with selling their chometz at this time (Shiurim Mitzuyanim B'halacha 111-3, Divar Yehoshua Vol. 2-81 note 2).
One is not permitted to engage in Torah learning once the time for bedikas chometz arrives (nightfall, some poskim are of the opinion that one may not learn during the half hour before nightfall) (MB-7). If one bagan to learn before nightfall one may finish the topic and than must perform the bedika (Rama 431-2, Aruch Hashulchan-29, Chai Adam 119).
One who learns in a public learning class may continue learning without pilpulim- deep
analysis of the subject, for we are afraid that the shiur may continue to long. Preferably, one should be designated to remind everyone not to forget to perform the bedika (MB-7).
One is permitted to study the halachos of bedikas chometz prior to performing the bedika (Chazon Ovadya-5).
IF ONE GOES AWAY WITHIN THIRTY DAYS BEFORE PESACH
A person who will not or cannot be at home on the eve of the fourteenth should appoint a representative to perform the bedika and nullify his chometz for him on the eve of the fourteenth (MA 434-9, SA 436-1, MB 436-1&5). If no representative is available than one should perform the bedika the evening prior to leaving without a bracha, even in a situation that one will not return home during the entire Pesach (SA 436-1, MB-3&4).
One does not have to make a bedika on the whole house but may make a bedika on one room and the rest of the house will be sold to the non-Jew
Some are of the opinion that the bedika should be performed as one would on the eve of the fourteenth (e.g., Bread, Candle, feather, etc.) (MB-3, Darkei Moshe Vol. 2-30, Kinyan Torah B'halacha Vol. 2-82). Others are of the opinion that they are not required (Minchas Yitzchok Vol. 8-35).
Following the bedika one must nullify the chometz which has not been seen (MA-1, MB-3).
If one forgets to perform the bedika at night, one must perform it by day (MB-3).
If one goes on a short trip within thirty days of pesach with intention to return before pesach, one need not perform a bedika prior to the trip (SA-1, MB-3).
IF ONE GOES AWAY MORE THAN THIRTY DAYS BEFORE PESACH
If a person goes away from home more than thirty day before Pesach but intends to return before Pesach, one should perform the bedika before they leave without a bracha (SA 436-1). The reason being that many times one may be delayed and arrive on erev Pesach after the permitted time (Rama-436-2, MB 436-9). If one is traveling in close proximity to one's home one is not required to perform a bedika beforehand (MB-9). Before traveling it is better that one appoints a representative to perform the bedika for him if he will not be able to make it home. If one forgot to appoint a representative before leaving, we have stated that one may appoint a representative over the telephone so in this case one would call someone to make the bedika for him.
If one leaves before thirty days with no intention to return before Pesach, although no bedika is required one is required to nullify one's chometz erev Pesach wherever he is at the time (SA 436-1, MB-6). Some poskim are of the opinion that if one knows that they have chometz in their domain one should dispose of it before they leave (Bach, MA, Chai Adam 119, Aruch Hashulchan-9) other poskim disagree (Levush). If it is difficult for him to make a bedika before he leaves, he should make sure to sell it with his other chometz to the non-Jew.
A GUEST AT SOMEONE'S HOME FOR PESACH, eg. AT ONE'S PARENTS
One who is a guest at someone's home or at one's parents for Pesach does not perform a bedika in the room that they are sleeping in for they are not an owner of the room (Shevet Halevi Vol. 4-44) but the host must make a bedika on your room (Shulchan Aruch Harav 432-8). However, one should make a bedika in one's home before they go away (Chovos Hador, Shulchan Aruch Harav 432-8).
DAVENING MAARIV BEFORE THE BEDIKA
Most Poskim are of the opinion that one should daven in shul Maariv at its proper time (at nightfall) (MB 431-8, Chai Adam 119-7, Shulchan Aruch Harav-8, Chazan Ish Zt"l Orchos Rabanu Vol. 2 Page 1 # 4) even though the bedika will be performed later. Their reasoning is that it may be difficult to find a minyan later.
If one has a set minyan at a later time than one should perform the bedika at its proper time and daven maariv later.
Some Poskim are of the opinion that if one will not go to shul one should daven maariv at home prior to the bedika (MB-8, Chai Adam 119-7, Chock Yakov, Sharai Tzion-11). Their reasoning is that we have a principle in halacha that when two mitzvos come at the same time, the one that is most frequent takes precedent (MB), and one may forget to davin later.
Rabbi Yaakov Kamenetsky Zt"l performed the bedika before Maariv because he always was careful to daven maariv after Rabanu Tam's definition of nightfall.
One performs the bedika himself or may appoint a representative to assist or perform the bedika for him (MA 432-5, MB-8&11, MA 436-14 & 437-8). It is preferable that the people himself perform the bedika (MB 436-1).
In a situation where one appoints a representative to make a bedika for him, one must also inform the representative to nullify the chometz for him after he finishes the bedika (MA 434-9). The person should be over bar mitzvah (MB-8). The representative says the following declaration, All the chometz that is in the possession of "so and so" is nullified etc . . . The owner of the house should also nullify his chometz erev Pesach in the place where he is (See the poskim in 434, MB-15, Sedai Chemed Siman 5-27 etc.).
If one did not appoint a representative, his wife or son should make the bedika for him, even if he did not ask them to make it. They should make a bracha on the bedika and afterwards they should nullify the chometz by saying the following, All the chometz of my husband (or father) etc . . . (ST 434-5, Biur Halahca -4, SA 436-2, MA 436). In a situation where the wife or son cannot make the bedika, they may appoint a representative to make the bedika even if her husband did not appoint her to make the bedika and she will say the declaration (ST-8, Madanai Shmual 112-52). However, her husband should nullify tha chometz erev Pesach wherever he is at the time.
One may appoint a representative either by phone or in writing (Chasam Sofer EH Vol. 1-43, Kaf Hachaim-21, Rabbi YS Eliyashiv Shlita).
Although, one cleans the house throughly before the bedika, nevertheless, one must still perform a complete bedika on the eve of the fourteenth (SA 433-11, MB-45). Rabbi Aharon Kotler Zt"l would ask his wife which places were already cleaned for Pesach and in these places he did not search (See Emek Halacha 128, Sedei Chemed Chometz U'Matzah Siman 5-49, Gra 432-2).
On the eve of the fourteenth of Nissan one is required to search all the places used during the year where one thinks that there is chometz there (SA 433-3, Chok Yakov 431-2). Therefore, one must search one's house, store, storeroom or office for all chometz since it is usual for one to take chometz into these places (SA 433-1). Likewise one must examine any place where one took or one's children possibly took chometz into, even if one took chometz there on an occasion or a place where one is responsible for during the year (SA 433-3, MB 433-13 & 431-4, Kaf Hachaim-30). The bedika must be done even when one has no intention of using them during Pesach. Therefore one who buys or rents a house or apartment that requires a search and he hasn't used it yet, even if he has no intention of living there during Pesach, and even if the chometz is not his, nevertheless he must examine there and destroy the chometz (SA 437, MB-10).
If one has small children, one must search under the beds and the closets and in all the small cracks and holes (MB 433-19). One does not have to search the attic or on top of the closets or in any place where one does not think chometz may have gotten there nor a place where children can reach (Maharil, Or L'poroh, MB-19).
One must check their pockets and pants and those of their children of those clothing that one will use for Pesach even if one feels that no chometz may have gotten into them (clothing that one will not wear maybe sold with the rest of your chometz to the non-Jew) (Rama 433-11, MB-47, Orchos Rabanu Vol. 2 Page 5 #17).
A yard near the house and an open balcony do not need to be searched but must be cleaned before Pesach. If he knows that there is chometz there he needs to remove it before the time when chometz is forbidden and destroy it (SA 433-6, Pri Migadim-3, MB-27). If there are holes and openings in the corners of the yard where chometz can get inside one must examine there (Bach 433).
A closed balcony even with only three sides but with a roof must be searched. If the balcony is completely opened than one does not need to make a bedika, one needs just to check it during the day to see if there is any visible chometz (Orchos Rabanu Vol. 2 Page 4 #13).
In an apartment building shared by tenants each one is required to search the stairwell from the entrance of the building to the floor where he lives (Rabbi YS Eliyashiv Shlita, Siddur Pesach K'Hilchso12-6, See Orchos Rabanu Vol. 2 Page 3 #13, Chazon Ovadya-1). One may appoint a representative to search the entire stairwell for all the tenants.
Many Poskim are of the opinion that those rooms that one sells to a non-Jew do not require a bedika (MB 436-32, Orchos Rabanu Vol. 2 Page 4 #16 & Page 7 #26-27, Chazon Ovadya-5 ).
One must remove all chometz from ones home, property and all premises under his ownership eg. office, desk, closets, bungalow, locker, car, basement, pantry, furniture, clothing, pocket book, school bag, etc. this is true even though one will not enter the premisses during Pesach. As long as one is in possession of the property within thirty days prior to Pesach one must discard of the chometz that might be there. One who travels away from home prior to thirty days from Pesach and does not plan to return home during Pesach is not required to search and discard of the chometz.
Dressers and draws that were checked prior to the fourteenth and one knows that no chometz was placed into them still require a brief look into them See Shvus Yitzchok Perek 4 #4, Orchos Rabanu Vol. 2 Page 4 #15).
One does not have to inspect the floor tiles, just a good sweeping and washing is enough (Orchos Rabanu Vol. 2 Page 3 #9).
Books that are used during the entire year while one eats should be checked (Gra, Rabbi Moshe Feinstein Zt"l). Others are of the opinion that all one's books must be checked even those that are not used when one eats (Chazan Ish OC 115-18, Rabbi Yakov Kamenetsky Zt"l). Only those books that one will need for Pesach need to be checked the rest of them may be put away and sold to the non-Jew (See Orchos Rabanu Vol. 2 Page 6 #18-23).
Magazines, Zemiros and other books which are usually found on the table where we eat usually contain chometz therefore one should clean them as best as they can and than put them away with the rest of the chometz that will be sold to the non-Jew.
A person that is in the hospital on the fourteenth must make a bedika in one's of their bed, dresser and closet, however, no bracha is recited since they are not the owners of the premises (Yad LeYoledes Chap. 22 #1)
One who is staying in a hotel for Pesach is required to check his room, however, a bracha and nullification is recited only if one is there before the eve of the fourteenth (SA 437-1&2). If one arrived there on the fourteenth or in the middle of Pesach he should inquire as to whether the room was searched as required by halacha (MB 437-6). If the room was not searched then he must search it himself with a bracha (SA 435-1).
If one comes to the hotel on the fourteenth by day, the owner of the hotel or the group that is taking over the hotel for Pesach is required to perform a bedika throughout the hotel.
A yeshiva student or girl who will remain in the dormitory of the Yeshiva or Seminary during Pesach is required to perform the bedika with a bracha of their room on the night of the fourteenth. If one is leaving the Yeshiva for Pesach, one should make a bedika the night before they leave without a bracha (See Orchos Rabanu Vol. 2 Page 8&9 # 31&32).
IF ONE FORGOT TO PERFORM THE BEDIKA AT NIGHT
One who forgot or was unable to perform the bedika on the eve of the fourteenth is required to perform the bedika with a bracha during the day when one remembers (SA 435-1, Shulchan Aruch Harav-1, MB-2). One may not engage in any work etc. as stated above prior to the bedika (MB 431-5,433-5).
The bedika is performed in the same manner as on the eve of the fourteenth (e.g.. Bread, candles, etc.) (MB-4). The declaration of Kol Chamirah should be recited after the bedika is finished (Shulchan Aruch Harav-1).
If one is in doubt if they did a bedika on a certain room the room must be searched again (Aruch Hashulchan437-2).
If one realized after the sixth halachic hour that a bedika was not performed, one must make the bedika but the declaration of Kol Chamirah is not said (MB 435-1).
If one recited the declaration of Kol Chamirah on erev Pesach but remembered on Yom Tov that the bedika was not performed, on Chol Hamoad the bedika must be done even by day with a bracha and one must burn the chometz found. However, if the declaration of Kol Chamirah was not recited, one must perform the bedika on Yom Tov with a candle (MB-3). The chometz should be covered for it is mukzah (Shulchan Aruch Harav-2).
BEDIKAS CHOMETZ IS NOT MERELY A CEREMONY IN WHICH PIECES OF CHOMETZ ARE PLACED AROUND THE HOUSE AND COLLECTED. A THOROUGH CHECK AND SEARCH ARE REQUIRED SO THAT THE BRACHA SHOULD NOT HAVE BEEN SAID IN VAIN.
The minhag is to place ten pieces of hard bread that will not crumble around the house (Rama 432, MB-12). Each piece should be no larger than the size of an olive (ST 432). However, one should have at least the size of an olive when one combines all the bread collected (Archus Hachaim -8, Chukas Pesach Hakatzar-8, Titz Eliezer Vol. 9-17, Chazon Ovadya-1). Some poskim did not place ten pieces of bread out at all (Chazan Ish Zt"l, Rabbi Yaakov Kamenetsky Zt"l, Rabbi Moshe Feinstein Zt"l, Chazon Ovadya-8).
Some poskim placed the bread out themselves (Orchos Rabanu Vol. 2 Daf 2 #5, Satmar Rabbi Zt"l Hagadah Divrai Yoel 108) others have a family member place them out (Emek Halacha 128, Chok Yakov-14, Rabbi YS Eliyashiv Shlita in Shvus Yitzchock Perek 6).
Many wrap the bread in paper or place a paper under them. One must use extreme caution not lose or misplace the bread (MB-13, Chazon Ovadya-1). One should not use tin foil for the chometz must burn and the tin doesn't burn.
There are various reasons for this minhag:
One must realize that the collection of the ten pieces is not to be considered as doing a proper bedika, one must search one's domain throughly (MB-12, KSA 111-8, Aruch Hashulchan 432-5, 433-13). Rabbi Moshe Feinstein Zt"l had a small apartment and it took him over an hour to complete the search.
Since today we clean our homes throughly some Poskim are of the opinion that one must place the ten pieces of bread out (Emek Halacha 128, Pischei Teshuvah, Machzik Bracha 432, Sedai Chemed Chometz U'matzah Siman 5-49, Rabbi YS Eliyashiv Shlita in Shvus Yitzchock Perek 6).
One should wash one's hands before making the bedika however, no bracha is to be recited over the washing for the washing is for the sake of cleanliness (MA 432, MB-2).
THE USE OF A CANDLE FOR THE BEDIKA
Chazal state that one must search one's domain through candlelight and not by the light of the moon (Mishna Pesachim Perek 1-2, SA 433-1). The reason for this is that if one would search one's domain during the day, the daylight would be insufficient for one would not be able to search into all the cracks and crevices. It is for this reason that Chazal ordained that the bedika is performed in the evening when candlelight offers a better illumination (MB 431-3, 433-1).
As we have stated before, if one must perform the bedika by day one must search for chometz with a candle (SA 433-1).
One should use a wax candle that is made out of one wick for one would be afraid to go into the cracks and crevice with a torch (SA 433-2, MB-8&12). Others use a paraffin candle (Orchos Rabanu Vol. 2 Page 2 #6).
Any candle made of more than one wick is to be considered as a torch, therefore one cannot use a havdalah candle for the bedika (MB 433-12).
A bedika that was performed with a torch is not a valid bedika and one must perform another bedika without a bracha (MA-5, MB-10, Aruch Hashulchan-2).
One is permitted to use a flashlight to perform the search (Chazan Ish Zt"l, Rabbi Aaron Kotler Zt"l, Rabbi Moshe Feinstein Zt"l, Rabbi YS Eliyashiv Shlita). Some Poskim feel that it is even better then a candle for one is not afraid to search into the cracks and crevices (Shiurim Mitzuyanim B'halacha 111-4). Many Poskim are of the opinion that one should start the bedika with a candle and change over to a flashlight (Rabbi Moshe Stern Zt"l Biar Moshe Vol.6 KE 63, Chazon Ovadya-13).
If one is afraid to search with a candle in a place containing highly inflammable objects than one should use a flashlight L'Chatchila.
The electric light in the room is insufficient for the bedika since it doesn't light up the corners of the room nor does it give enough light into the cracks, one still needs another light (MB 431-3, Siddur Pesach K'Hilchoso Chap.13-9, Yesodai Yishurin Vol. 6 Daf 340).
One may leave the electric light on in the room while performing the bedika (Chazan Ish Zt"l, Orchos Rabanu Vol. 2 Page 2 #6, Rabbi Moshe Feinstein Zt"l, Rabbi SZ Aurbach Zt"l, Rabbi YS Eliyashiv Shlita in Shvus Yitzchok Perek 4-3, Shevet Halevi Vol. 1-136, Chazon Ovadya-13).
The minhag is to search for chometz with the use a feather to assist in removal of the chometz (MA 433-1, MB-46).
The minhag to use a spoon is to hold any crumbs of chometz. Some give the reason for the spoon is so that the person will not forget to nullify the chometz. Therefore, since one burns the chometz in the morning it will remind one to nullify the chometz (MB 445-7). Others state that when one burns the chometz one should use wood (Rashas Shabbos Daf 66, Minchas Yitzchok Vol. 2-53, Hagaddah Moadim Uzimanim, Chok L'yisroel Daf 38).
Some Poskim are of the opinion that the bracha should be recited in the room that the bedika will take place (Emek Teshuva Siman 63).
Before performing the bedika a bracha is recited. One recites "Boruch Ata Ado-nai Aloha-nu Malech Haloam Asher Kidishanu B'mitsvosav V'tsivanu Al Biur Chometz" (SA 432-1). Although at this time one does not destroy the chometz, it is considered as if it is destroyed, since after the bedika one nullifies it. The bracha is not recited on the actual searching of the chometz, but rather on the destroying of the chometz and searching is only a means to get to the chometz (Taz-1, Sidei Chemed Brachos 11-15).
If a person did a bedika but did not get rid of the chometz they are considered as if they did nothing. Similarly, if one did not nullify the chometz after the bedika it is as if they still have not destroyed the chometz.
If a person made a mistake and said "L'vair Chometz" or "Al Bidkas Chometz" one is not required to repeat the bracha (Bach, Pri Migadim-1, See MB-3).
If one forgot to recite a bracha before beginning the bedika, one should recite it as long as the bedika has not been completed (Rama 432-1). If one completed the bedika, no bracha is recited at this time, however, in the morning before one burns the chometz according to some poskim one should recite the bracha (Taz-2, MA-2, MB-4). If one forgot to recite the bracha before burning the chometz, no bracha is recited afterwards (Mahram Shick Siman 208, Sedai Chemed Siman 5-7).
One is not allowed to speak between the bracha and the beginning of the bedika, even if it is relevant to the bedika (SA 432-1). However, if one spoke in regard to the bedkia, no new bracha need be recited (Shulchan Aruch Harav, MB-6). If one spoke even one word about something not relevant to the bedika, the bracha needs to be repeated (MB 5).
Preferably, one should not talk throughout the entire bedika regarding matters not relevantly to the bedika (SA). If one did, no new bracha is needed (MB-6).
If one will perform the bedika in many places (e.g., home, car, office, etc.) one need only recite one bracha (SA 432-2, MA-4, MB-7). If one will have a big break from one place to the other, some Poskim are of the opinion that when you recite the first bracha one should have in mind that the bracha is only going on this bedika and does not include the bedika of the office etc. (Chochmos Shlomo 432-1, Mikra Kodesh Siman 46, Keren L'dovid Siman 59, See Teshuvas V'Hanhagas Vol. 1-286). When he gets to the next location he can say another bracha. If he forgot to have this in mind when he recited the bracha, no new bracha is recited at the new location (MB-7).
If it is difficult for one to make a bedika on the whole house or many locations, one may appoint members of his family or a representative to help him. They should stand next to him when he recites the bracha and answer amen at its conclusion so that they are included in his bracha. The person reciting the bracha should have intent to make the bracha on their behalf also (MB-9). Afterwards they may go and perform the bedika in the other areas for him (SA-2, MB-11). However, they should first search a little bit in the rooms of the house so that there will be no interruption between the bracha and the beginning of the bedika in the other areas (Shulchan Aruch Harav -9, See Orchos Rabanu Vol. 2 Page 8 #31). If they did not hear him recited the bracha they need not recite the bracha themselves, for the obligation of the bedika is on the head of the household (MB-11).
No bracha of Shehecheyanu is recited, for the purpose of the bedika is to prepare the house for Pesach, therefore, it is included in the bracha of shehecheyanu which is said on the first night of Pesach during kiddish (Tur 432, Machzik Bracha-1, Shulchan Aruch Harav 432-3).
If one goes to the bathroom in the middle of the bedika, one may recite the bracha of asher yotzar (MA-4, Kovet Mibais Halevi Vol. 1).
We have stated before that if one is ill or unable to perform the bedika he may appoint a representative to perform the bedika for him. The representative recites the bracha before performing the bedika (MA-6, MB-10).
If one had to stop in the middle of the bedika (eg. To take someone to the hospital etc.), upon returning home one must finish making the bedika and should recite a new bracha as long as there is one room that was not finished (SA 432-2).
After one completes the bedika, the chometz should be put in a secured place and not moved around (SA 434, MB-2). Furthermore, the chometz that is left to be eaten the next morning must be set aside in a proper place especially one that has small children(Taz 436-1).
Immediately after the bedika one should say the declaration of Kol Chamirah which is to nullify the chometz that one does not see (SA 434-2). One should say the following: "All chometz and leaven that may be in my domain which I have not seen and which I have not destroyed or whose existence I have no knowledge of, shall be nullified and be deemed null and disowned and deemed valueless like the dust of the earth.". Some have the minhag to recite the declaration three times (Ben Ish Chai Tzav-7, Chazon Ovadya-6). One may say the declaration in any language as long as they understand what they are saying (MB-6). If one is unaware of what they are saying or doing the declaration of is ineffective (Rama 434-2, MB-9).
If one appointed a representative to perform the bedika for them, then one must wait until the representative finishes the bedika before one recites the declaration of Kol Chamirah.
IF ONE PERFORMED THE BEDIKA BEFORE THE FOURTEENTH
One may not perform a thorough bedika on the thirteenth by day to be used as his bedika (MB 433-1). If one did, one is required to repeat the bedika on the eve of the fourteenth, however, no bracha is recited (MB 433-1). Some state that one should think out the bracha or hear the bracha from a neighbor.
If one will not have sufficient time to complete the bedika on the eve of the fourteenth, one may perform the bedika on the eve of the thirteenth, however, one must leave over at least one room that requires a bedika in order to recite a bracha (Sedai Chemed Siman 5).
If a person shares their room with a roommate and one departed before the fourteenth, the other person should perform the bedika (MA 436-16).
BURNING THE CHOMETZ IN THE MORNING
It is forbidden to eat chometz on erev Pesach from the fourth halachic hour of the day. One may destroy the chometz in any manner that he wants but the minhag is to burn it (Pesachim 21, Tur 445, Rama-1, MB-6). One may dispose of the chometz by other means, one does not need to just burn it. One may flush it down the toilet (MA-2, MB-3, Chazon Ish Oruch Chaim 118-3), break the bread into crumbs and throw it into the wind or sea (SA 445-1).
One must burn and say the declaration for the chometz on the morning of the fourteenth before the end of the fifth halachic hour (MB 434-12, 445-1), prior to the sixth halachic hour so that one will be able afterwards to make the declaration of the chometz before the sixth halachic hour, since after the sixth hour the chometz is no longer his and he cannot nullify it (SA 443-2). If by the end of the sixth hour one still has not destroyed the chometz, one is forbidden to do any work until one destroys the chometz (MA 445-2). Some have the minhag to burn the chometz at the beginning of the fifth halachic hour (Bach).
If one does not have any chometz, one does not have to go out and buy chometz to fulfill the mitzvah (Avnai Nezer OC 318, Chok Yakov 445-4).
One should not pour lighting fluid or it's like over the chometz until at least a kezayis of chometz has burned so that the chometz doesn't become unfit, otherwise one is destroying the chometz by lighting fluid and not by fire (Seder Pesach K'hilchaso Perek 15-4, Minchas Yitzchok Vol. 2-53, Chazon Ovadya-9).
Some have the custom to burn the Lulovim and Hoshanos from Sukkos as fuel for the fire because since they were used for a mitzvah it is proper to use them for another mitzvah (MB 445-7, Orchos Rabanu Vol. 2 Page 9 #33).
The chometz should be burned throughly until even the insides becomes charcoal (MB 445-1).
Some have the minhag to check their pockets that one is wearing during the burning of the chometz even though one checked them the night before (Chok Yakov 433-36).
If one forgot to recite the bracha prior to making the bedika on the fourteenth, he can recite the bracha at the time of burning the chometz (MA 432, MB-4).
Immediately after the burning of the chometz we again recite the declaration of Kol Chamirah with a minor change (Rama 434-2, MB-12, See Yavitz), "All chometz and leaven that may still be in my domain which I have or have not seen and which I have or have not destroyed or whose existence I have or have no knowledge of, shall be nullified and be deemed null and disowned and deemed valueless like the dust of the earth.". As we stated before one must understand what one is saying. If one cannot wait until all the chometz has burned, one should wait at least until at least a kizayis of chometz is burnt.
The reason for the change in the text is based upon the fact that in the morning he intends to render ownerless all the chometz in his possession, wherever, at night, he left over chometz to be eaten in the morning for breakfast.
Preferably, one should burn one's own chometz. If for some reason one cannot one may make representative to burn it for him (SA 434-4).
If one will not be at home at the time of the burning of the chometz, they nevertheless should say the declaration where they are (SA 434-4, MB-17).
One who cannot burn the chometz may destroy it by placing it in a public street or garbage can (MB 445-18). One should not place the leftover chometz in one's own garbage can even if the can is on public property or on one's property to be removed by the garbage collectors, but they should be placed in plastic bags and put outside one's property (Rabbi Moshe Feinstein Zt"l Igros Moshe OC Vol. 3-57, Shevet Halevi-137, Minchas Yitzchok Vol. 4-56, Chazon Ovadya-9).
One should clean out their garbage cans to make sure that theirs is no chometz in them. A good idea is to wash them out (Shvus Yitzchok Perek 1 #5, Orchos Rabanu Vol. 2 Page 9 #34-36).
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