PESAH: How to have a successful Pesah Seder?
THE MISSION
This coming Friday night, April 3rd and Saturday night, April 4th, are probably the most important nights of the year. During those nights we will fulfill a very special Mitsva: והגדת לבנך , teaching our children the story of Pesah. Instilling in their minds and hearts the collective memories that will shape their personalities and strengthen their Jewish identity for the rest of their lives. But, how to do that? We have the Hagada, the book that relates the Exodus and the clear instructions of our rabbis: teach and talk to each child (or adult) at the level of his or her understanding. The rest is up to us.
PARADIGM SHIFT
I believe that the first thing to have to do to face efficiently this beautiful challenge is to shift our paradigm of the Hagada, redefine: what is our real role in the Pesah Seder? If I had to encapsulate the whole idea in one phrase I wold say this: in the Seder you are not READING the Hagada, you are TEACHING the Hagada. Once we know this we might be a little scared. Why? Because we live in an era of technology, sophisticated educational videos and smart boards. We, the parents, must compete against smartphones and ipads and teach children whose attention span is getting shorter and shorter. And, besides our children, we will most probably have other people, adults, participating in our Seder. So, what should we do to teach the Hagada to our heterogeneous “class”?
DIVIDE AND CONQUER
My first recommendation is that you divide the Hagada in a way that EVERYONE, family and guests, will participate. To do that you must write an email or a whatsapp TODAY to each member of your family and your guests and assign to each one of them one part of the Hagada.
Ask the adults, for example, to read a paragraph in Hebrew or in English, or to explain or comment one short text of the Hagada. For those who are going to read, scan and email them their text. For those who are going to comment, encourage them to search online, for example, in the following educational websites: www.torah.org, aish.com, ou.org, for material related to the Hagada. Ask them, for example, to explain one of these concepts: “Pesah”, “matsa”, “maror”, “why we drink 4 cups”, “why we eat reclined”, “why we eat haroset”, etc.
Ask the adults, for example, to read a paragraph in Hebrew or in English, or to explain or comment one short text of the Hagada. For those who are going to read, scan and email them their text. For those who are going to comment, encourage them to search online, for example, in the following educational websites: www.torah.org, aish.com, ou.org, for material related to the Hagada. Ask them, for example, to explain one of these concepts: “Pesah”, “matsa”, “maror”, “why we drink 4 cups”, “why we eat reclined”, “why we eat haroset”, etc.
For the little ones, ask them to get ready to sing (and perhaps explain) “ma nishtana” , “abadim hayinu or “had gadya”. Ask them to draw certain parts of the Hagada and bring their drawings to the Seder, so they can explain their art.
MAKE IT RELEVANT
You have a very heterogeneous audience: children, small children, youngsters, and adults. The key, as we said, is to give participation to everyone. When you teach one of the ideas of the Hagada, make it relevant. Bring something from the Hagada that is very relevant today (actually, there is almost nothing in the Hagada not relevant for today!). Then, encourage each one of the adults in the table to express their opinion on the subject.
One example:
“rab ve’atsum mimenu” (Ex. 1:10). “Although they were only a small minority, the Egyptians feared that the Jews were too powerful , and decided to eliminate them”. The Jews in Egypt were very influential? How influential are the Jews, say, today in America, compared to their number? How influential is Israel, the Jew among the nations, in the world, compared to its size or population? For example: how many times have you read news about China or India (more than 2.6 billion people, between the two countries) in the front page of the New York Times, and how many times have you read about Israel (8 million people) in the front page of the same newspaper? Are we Jews too powerful? Not powerful enough? Is the “Jewish disproportional influence” in larger society an excuse to justify antisemitism? Is that a good thing to be so influential? Should we keep it all to ourselves?
( I will bring more examples of subjects for debateBH in the coming days)
MAKE IT FUN:
“Fun” is good for everyone: children and adults. Ask the funniest guys of the family to play some parts of the Hagada, for example, the Ten Plagues. Have someone (a more serious guy) explaining briefly each plague while the actors play the play. One person has to play Moshe (with his head covered with a Talit) and someone else Pharaoh (use your imagination…). Alternatively, ask the oldest child, say, 10, 11, 12 years old, to organize with the other children a 5 minutes dramatization of the 10 plagues or of the 4 sons.
Do not forget: WE WANT OUR CHILDREN TO STAY AWAKE. Make it visual. Get small plastic frogs, animal masks for deber, ping pong balls for hail, black plastic eyeglasses for darkness, etc.
“Fun” is good for everyone: children and adults. Ask the funniest guys of the family to play some parts of the Hagada, for example, the Ten Plagues. Have someone (a more serious guy) explaining briefly each plague while the actors play the play. One person has to play Moshe (with his head covered with a Talit) and someone else Pharaoh (use your imagination…). Alternatively, ask the oldest child, say, 10, 11, 12 years old, to organize with the other children a 5 minutes dramatization of the 10 plagues or of the 4 sons.
Do not forget: WE WANT OUR CHILDREN TO STAY AWAKE. Make it visual. Get small plastic frogs, animal masks for deber, ping pong balls for hail, black plastic eyeglasses for darkness, etc.
Have games for the children, a Pesah treasure hunt or Pesah trivia, etc. Have 20 questions ready, and most importantly 20 (or more) small prizes to reward the children’s correct answers. Anytime the Seder is about to get out of control, or boring or you need everyone’s attention you can ask one of your questions (show the prize first!). Guaranteed to work..
THE SECRET
I believe that by now you don’t need me to tell you what the secret is, but this is it anyways: “Preparation. Preparation. Preparation.”
Do not improvise. Review the Hagada today. Divide the roles. Write the email. Excuse yourself for the short notice and send it.
RECOMMENDED SOURCES
To find great educational games for the Seder check online here and here .
Recommended Hagadot in English for adults, Rabbi Appisdorf and Rabbi Sacks. See Amazon.
For Hebrew Hagadot online (hundreds of them) see here.
For the advanced students I recommended THIS old but fantastic commentary of the Hagada written by Rabbi Don Ytshaq Abarbanel (1437-1508). Do not skip the introduction where the Rabbi tells his tragic personal story.
Gabriel Sassoon, a contemporary version of Iyob (Job)
A week ago, on Shabbat Parashat Vayiqra, Rosh Hodesh Nisan, a great tragedy befell the Jews of NY. A tragedy that because of its magnitude, resonated among the entire Jewish people. Seven children, from 5 to 16 years old, died in an unpredictable fire. Eliane (16), David (12), Rivkah (11), Yeshua (10), Moshe (8), Sara (6), and Yaakob (5) Sassoon , Zikhronam Librakha.
When we face tragedies, we try to find a reason–there is a human urge to explain them. Something or someone must make sense of the inexplicable. We tend to blame electrical devices or absent smoke alarms. In response to this tragedy, I was actually asked to write about the safety of hot-plates used on Shabbat. And I was about to do just that. But then, I had a deep conversation with my dear friend, rabbi Moshe Plutchock, who attended the historic levaya and listened to the words of the father of the children, Gabriel Sassoon, in New York. Rabbi Plutchock was so moved. He encouraged me to listen to the 15-minute speech of the man that had to eulogize his seven children [ This is a link to the speech]. As I was listening to the words of the grieving father, I felt I was listening to a contemporary version of Iyob. My perspective changed. And I thought that, although safety is important and deserves our full attention, Rabbi Plutchock was right: the grieving father’s words were demanding another type of immediate reaction.
Speaking to the more than one-thousand Jews who came to honor his children before they were taken to be buried in Israel, Rabbi Gabriel Sassoon said it all. People came to comfort the bereaved father, but he ended up comforting them all. Gabriel Sassoon is, by profession, a Jewish schoolteacher, and that day he taught more than one lesson, reminding the attendants that very often “people forget what is important in life…” After mentioning his seven children, one by one, name by name, tear by tear, he said to all his “pupils”: “We have to love our children… Please, everybody, love your children.” Simple. Right? But loving our children is so obvious that we tend to forget it. We procrastinate. We love them, but we forget to act upon it. Now, a man who is speaking from the unfathomable perspective of someone who had it all and then lost it all, reminded us of the real meaning of “what is important in life.” Upon hearing these words, I am sure every parent must have reflected upon his or her own beloved children. Each parent must have thought what I thought and felt: “I need to love them more. I need to be more patient, more attentive, more interested. I want to spend more time with my children.”
Rabbi Sassoon spoke not only as a father. He also spoke as a thinker. A Jewish thinker who, when facing a tragedy, does not look for its causes but for its lessons. In my discussion with Rabbi Plutchok, we agreed that it would have been so easy, so expected, so not uncommon, and seemingly so very “pious”, to portray his children as sacrifices that were taken to redeem the collective sins of the Jewish people, and then, turn to the audience and rebuke them about the numberless offenses we all commit. But Rabbi Sassoon refused to justify theodicy, i.e., understanding God’s benevolence in the face of evil. Instead, he accepted the terrible decree. In his own words, “he surrendered” to God’s infinite and unknowable will. “We don’t understand anything…”, he said. And he sounded so credible. “I surrender to God, [to the God who] I know is all good.”
Listening to rabbi Sassoon, I felt I was listening to a Iyob of our generation. Iyob also lost it all (although the comparison might not be very fair, because, unlike the Sassoon family, the Gemara asserts that Iyob may have been a literary character, and not a historical one). Iyob lost his fortune, his health, and worst of all, he lost all his sons and daughters in one single tragedy. Iyob’s friends came to comfort him. They were good people, pious believers who tried, with the best intentions, to justify the lethal “act of nature” (a storm) which took the lives of his beloved children. “You must have sinned. God, who controls nature, would have never punished the innocent,” they said. Iyob listened to his friends, but rejected their arguments and insisted on defending his innocence. At the end of the story, God reveals Himself to Iyob in a vision from within a storm, challenging Iyob’s belief that he understood the way nature works. Nature (“Creation”) has a somewhat visible, predictable and understandable mechanism, which pales in simplicity compared to the intricacies of God’s infinite ways in His administration of justice with mankind. Iyob, speechless, finally admits the limitation of his understanding. And through this showing of the limits of Iyob’s mind, God dissuades Iyob (and the reader) from expecting to comprehend how God’s justice functions. Left with no answers, Iyob humbly accepts God’s decrees: he “surrenders” and renounces the presumptuously futile endeavor of deciphering God’s mind.
Like Iyob, Gabriel Sassoon rejected man-made explanations for his tragedy. The most important part of his short but immensely powerful speech, in my opinion, was when he mentioned a story, perhaps a legend, from the time of Spanish Inquisition (ca. 1480). It was about a Jewish woman who tragically lost all her children. She told God: “I used to love all my children, and now they are gone. Now, my love is free for You, and I am going to love You as much as I can.” At this point of the speech, I expected Rabbi Sassoon to endorse this glorious, super-human, expression of piety. Instead, the bereaved father shocked all his listeners with a monumental manifestation of humbleness, courage and vulnerability. Referring to the story from the Inquisition he said emphatically: “I don’t agree with that at all. When you love your child, you are loving HaShem,” who gave your child as a gift to you. “The child’s smile, his giggle, his laughter, his successes, his dreams… that’s a reflection of HaShem. Loving your wife or your husband, is a reflection of HaShem. Loving a total stranger, is also a reflection of HaShem. Every relationship we have is a reflection of HaShem. It is a different aspect of the infinite, that we experience… I lost that now. I can’t experience that anymore”.
The book of Iyob ends with an unexpected twist. Iyob, the man who did not comprehend God’s justice but ended up surrendering his human understanding, is rewarded by God. But ironically, his friends, those who tried to explain and justify God’s justice, “the advocates of God”, were ordered to bring a Qorban Hattat, an expiatory sacrifice that one needs to bring to atone for an unintentional sin.
As we prepare for our first Shabbat after this tragedy, and as we all will be checking our hot plates and smoke alarms, let us also remember and draw inspiration from the words of Gabriel Sassoon. Let us honor Sassoon’s call to embrace and enjoy “the most important thing in our lives”. Focusing our energies in doing hesed for one another. Loving our spouse, loving our peers and the stranger. And those of us who are fortunate to have a child–let us realize that we have it all! Let us be grateful to HaShem, and understand that the privilege of having loved ones reflects HaShem’s love for us. We all are His children. The good things we do for each other mirror, and are a reflection of HaShem’s eternal love for us. When we love our children we are loving that which was given to us by HaShem with love. By doing this, by echoing and answering Gabriel Sassoon’s most urgent call, we will honor the memory of his precious children the way he wants it.
May HaShem bless those who have the strength to surrender to Him, in the most difficult times.
I pray to HaShem to bless Gabriel Sassoon’s wife, Gayle Sassoon, and their only surviving child, 15-year-old daughter, Siporah with strength and health.
SHABBAT SHALOM
PESAJ: ¿Vender o no vender el Jamets?
En nuestros días, en la mayoría de las comunidades judías, Ashkenazí y Sefaradí, se organiza un sistema de venta de Jamets por el cual los miembros de la comunidad asignan al rabino coo su representante legal para vender su Jamets. Este procedimiento es una indulgencia Halájica para evitar que la gente mantenga productos Jamets de alto valor (whisky, vodka, etc.) en su propiedad durante Pésaj. Obviamente, la validez de esta venta no debe ser cuestionada, ya que cada rabino conduce a su comunidad de acuerdo a lo que considera lo mejor para sus feligreses.
Personalmente, yo no vendo mis Jamets y aliento a los miembros de mi comunidad a hacer lo mismo.
¿Por qué? Poeque históricamente, los judíos sefaradim no practicaban la venta de Jamets. Simplemente se deshacían de su Jamets antes de Pésaj, en conformidad con la mitsva de “tashbitu”, como lo explicamos ayer.
El único caso excepcional en el que los rabinos sefaradíes autorizaban la venta de Jamets era el caso de una tienda de alimentos. En este caso, un comprador no-judío hacía un pago inicial por la mercancía Jamets y desde el momento que se realizaba el pago, la mercancía Jamets pertenecería por completo al comprador, y él era el único responsable por esos productos en caso de daños , robo, etc. Así, por ejemplo, si los productos Jamets eran robados durante Pésaj, el comprador tendría que pagar por ellos al vendedor después de Pésaj. El comprador también alquilaba la tienda donde se almacenaba la mercancía durante Pésaj y tenía en su posesión las llaves de la tienda, lo que le concedía un acceso total y sin restricciones a las instalaciones donde estaba el Jamets. El comprador no-judío tenía derecho a usar, consumir o incluso comerciar con la mercancía Jamets durante Pésaj. Luego, y si así lo deseaba, podía pagar el balance y mantener la mercancía para sí mismo.
Como se puede ver, aunque la intención era que el vendedor judío finalmente volviera a comprar sus productos Jamets después de Pésaj, la transacción de venta era real, legal y vinculante. Los rabinos no habrían aceptado una transacción de venta “cuestionable” o ficticia que no cumpliera con los requisitos legales de venta de acuerdo a la ley judía y de acuerdo a las leyes locales porque, obviamente, los Jajamim tomaban muy en serio la prohibición de poseer Jamets durante Pésaj.
Excepto para los propietarios de negocios de alimentos, en las comunidades sefaradíes, la gente común no vendía el Jamets. ¿Qué hacían entonces con todo el Jamets sobrante, en preparación para Pésaj?
1. En primer lugar, antes de Pésaj, la gente adquiría sólo los productos Jamets que eran necesarios hasta Pésaj, evitando acumular comida Jamets extra cerca de Pésaj.
2. En segundo lugar, lo que sobraba de Jamets, si estaba en buenas condiciones, se daba de regalo o caridad a una persona no-judía, o si esto no era posible, el Jamets debía ser eliminado, como lo explicamos ayer. Deshacerse del Jamets sobrante, tirándolo a los pájaros, peces o aun quemándolo el día anterior a Pésaj es una mitsva bíblica “tashbitu”, así que no se consideraría “desperdiciar o tirar comida” (בל תשחית).
3. Si algún producto comestible Jamets queda en nuestras propiedades accidentalmente, entonces el bitul Jamets, la fórmula que pronunciamos renunciando a nuestra propiedad de cualquier Jamets que no hayamos visto y/o sacado de nuestras propiedades, previene la transgresión de poseer Jamets “accidentalmente” durante Pesaj.
Si uno sigue estos sencillos pasos, entonces no hay necesidad de “vender y comprar de nuevo” el Jamets.
Yo, obviamente, aliento especialmente a quienes siguen las tradiciones Sefardíes, a preservar el antiguo Minhag y no vender el Jamets dejándolo en la casa, sino deshacerse de él. (Para describir los problemas técnicos halájicos concernientes al procedimiento de Mejirat Jamets, ver aquí este articulo en hebreo del rab Eliyahu Zini, o ver aquí este texto que escribí en inglés, y que espero traducir al español BH mañana.
Recuerde que uno sólo tiene que deshacerse del Jamets que es comestible (apto para el consumo humano o animal). Uno no necesita vender las ollas o sartenes, o cualquier cosa que pueda contener Jamets “invisible” (jamets balú’a). Los utensilios Jamets deben ser guardados en un lugar cerrado durante Pésaj.
Como ya lo explicamos, las pastillas o píldoras médicas que se tragan con agua, los perfumes, cosméticos, artículos de limpieza o cualquier artículo no comestible, puede quedar en nuestra posesión durante Pésaj, independientemente de su composición.
Con respecto a productos comestibles: Uno puede mantener hasta después de Pésaj cualquier producto alimenticio que no contenga algún ingrediente o derivado de estos cinco granos: trigo, avena, cebada, centeno y espelta (FYI, todo producto que contenga gluten, una proteína que se encuentra en estos granos, es Jamets).
En caso de duda respecto a la composición de un producto alimenticio o si esta permitido mantenerlo durante Pésaj, consulte con el rabino de su comunidad.
Conclusión: la venta o no venta del Jamets, es en última instancia una indulgencia o rigurosidad halájica, una elección que debemos tomar en consulta con el rabino de nuestra comunidad
PESAH: Understanding the prohibition of owning Hamets during Pesah
בל יראה
בל ימצא
השבתת חמץ
One of the elements that makes the prohibition of Hamets so unique is that, unlike any other forbidden foods, it includes the ban of its possession. There are three Mitsvot in the Tora related to this prohibition:
1. bal yera-e, lit. your Hamets shall not be seen (Ex. 13:7);
2. bal-yimatse lit. your Hamets shall not be found in your premises (Ex. 12:19).
3. tashbitu, lit. you shall end your hamets Pesah eve (Ex. 12:15).
The Tora sheBe’al pe, the authoritative halakhic Jewish tradition, explains that the first two verses, the two prohibitions, should be considered as one single restriction: “owning” Hamets during Pesah. Maimonides consecrates almost a whole chapter in Hilkhot hamets uMatsa, chapter 4, to explain this concept: In halakha 2 he says: ” ….hamets belonging to a Jew …, even though it is buried, is located in another city, or is entrusted to a gentile, causes him to violate [the commandments]: “[hamets] shall not be seen” and “[hamets] shall not be found.”
We also have a third mitsva called tashbitu which is explained by the Tora shebe’al pe as: you shall end “the possession” of your hamets before Pesah begins.
In sum, there are two identical prohibitions (an exceptional case!) and one positive commandment, virtually for the same issue: owning hamets during Pesah.
Strictly speaking, (and following Maimonides opinion) these three miṣvot could be fulfilled at once just by performing one single act: the ‘bitul hamets’, the verbal declaration by which a person renounces to the ownership of any hamets that belongs to him, regardless of where that hames is located. By declaring the hamets ownerless, a person 1. fulfills the Mitsva of “ending the possession of his hamets” and, 2. is not transgressing the two prohibitions of the Tora, even though there might still be hamets within his premises.
But evidently this is not what we do for Pesah. The Rabbis explained that there might be some practical complications with just “declaring” our hamets ownerless, while keeping it at home. First, we might declare that we do not own anymore our hamets, but, if we posses something valuable, a box of whiskey bottles, for example, will we really mean wholeheartedly that we renounce to the possession of that hamets? Second, they said, hamets is the most common food (think about bread, crackers, pasta, etc.), so even if we declare our hamets ownerless but we keep the Hamets at home, we might eat hamets accidentally…
This is why our Rabbis instructed us to actually remove our hamets before Pesah begins. At the end of the process of removing our hamets (also known as “bi’ur hamets”) we also do the bitul hamets, as we will explain in the following lines.
There are four steps, then, that we should take to 1. Avoiding transgressing the two Biblical prohibitions of owning hamets, 2. Fulfilling the Mitsva of ending our possession of hamets before Pesah, 3. Following the guidelines of our Rabbis
(1) We should clean our houses, cars, offices and other properties before Pesah begins to identify and remove all hamets from them.
(2) We have to run a final search of all our properties to make sure that we have removed everything hamets from them (bediqat hamets).
(3) We have to physically dispose of or get rid of (be’ur) any hamets found in our properties before and during the Bediqa. We can give our Hamets as a gift to a non-Jew, if it is food in good condition; or if we have bread crumbs, for example, we can give it to the birds or to fish, or we can burn it or dispose of it.
(4) Then, after we get rid of our hamets we declare that whatever Hamets we may still own anywhere, which was not detected and/or removed by us, does not belong to us anymore, and from now on it is considered ownerless (hefqer) as the dust of the earth (bitul hamets).
Mekhirat Chamets: Selling your Chamets This Coming Pesach
In our days, most communities—Ashkenazi and Sephardic—arrange a Chamets-selling system in which the community members empower the rabbi to sell their Chamets.
This procedure is a Halakhic leniency done to avoid people from keeping “expensive” Chamets at home during Pesach.
Obviously, the validity of this selling should not be questioned, since every rabbi leads his community according to what he considers best for his congregants.
Personally, I don’t sell my Chamets, and I encourage other Sephardic Jews to do the same.
Historically, Sephardic Jews did not practice the mekhirat Chamets (=selling of Chamets) procedure.
They simply got rid of their Chamets before Pesach began, fulfilling the Mitsva of tashbitu.
The only exceptional case in which Sephardic rabbis authorized selling the Chamets was the case of a food store owner. In this case, a non-Jew would make a down payment for the total of the merchandise, and from the moment he made that payment, the Chamets merchandise would belong completely to the buyer, and he would be entirely responsible for the goods if damaged, stolen, etc.
So, for example, if the goods were stolen during Pesach, the buyer would have to pay for them to the seller after Pesach.
The buyer would also rent the store where the merchandise was stored for the duration of Pesach, and he would keep the store’s keys, which granted him total and unrestricted access to the premises of the store.
The non-Jewish buyer had the right to use, consume, or even trade the Chamets merchandise during Pesach. And if he wished to, he could pay the balance and keep the merchandise for himself.
As you can see, although the clear intent was that the seller would eventually buy back the Chamets after Pesach, the selling transaction was real, legal, and binding.
The rabbis would not have accepted any phony selling transaction that did not comply with Jewish and local law, because obviously, they took very seriously the prohibition of owning Chamets during Pesach.
Except for food business owners, the Sephardic community would not sell their Chamets. What would they do with their leftover Chamets food?
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First, before Pesach, people would buy just whatever was necessary until Pesach, avoiding having extra Chamets-food close to Pesach.
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Second, whatever leftovers of Chamets, if in good condition, would be given to a non-Jew as charity or as a gift. If that was not possible, it would be disposed of. Disposing of Chamets leftovers the day before Pesach is a Biblical Mitsva. So this is not considered “waste” (bal tashchit).
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If some Chamets had accidentally not been detected, then the bitul Chamets—the formula of renunciation of our ownership of any unseen Chamets in our properties—would prevent the transgression of owning Chamets during Pesach.
If one follows these simple steps, then there is no real need to “sell and buy back” any Chamets.
I would obviously encourage Sephardic Jews to preserve the ancient Minhag and not sell their Chamets, but get rid of it.
To clarify the technical problems involved in the mekhirat Chamets procedure, see below
Remember that you only have to get rid of Chamets which is a food item (for human or animal consumption).
You do not need to sell your pots and pans, or anything that might contain “invisible” Chamets (Chamets balua’). Just put those utensils away during Pesach.
Medical pills, perfumes, cosmetics, or any non-edible items can be kept, regardless of their composition.
Food items: you can keep anything as long as you make sure that it does not contain any of these five grains: wheat, barley, oats, rye, spelt. (FYI: anything that contains gluten is Chamets. Check online!)
Conclusion:
Selling or not selling your Chamets is, at the end of the day—like any other Halakhic leniency or stringency—a personal choice made in consultation with your community’s rabbi.
Those who wish to keep their valuable Chamets products (whiskey, vodka, or liquors made from grain alcohol, etc.) should arrange the selling of the Chamets through their local rabbinate and avoid online selling.
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One of the best and most informed documents to learn all the details and debates around the modern selling of Chamets is a response written by Rabbi Eliyahu Zini, a famous Sephardic rabbi who is also a professor of Mathematics at the Technion, Haifa. I first heard about this article in a lecture given on the subject of Mekhirat Chamets by H. Joseph Mosseri, נ״י (the original article cannot be found online anymore)
Rabbi Zini explains that the precedent for selling Chamets is learned from a Tosefta that says that if a Jew is on a ship, bringing with him some Chamets goods, and his ship is late and will not arrive before Pesach as planned, the Jew could give his Chamets to a non-Jew, and he is permitted to acquire the Chamets back from him after Pesach is over.
This case was considered by the rabbis an exceptional case, since this person is in the middle of the ocean and has no other resource than to sell all his merchandise.
Rabbi Zini brings many sources, especially from the time of the Geonim, which sustain the opinion that the Tosefta refers to an exceptional case. He points out, for example, that the Mishna and the Gemara discussed at length all the different ways to dispose of Chamets (burning, throwing it into the sea, feeding it to birds, etc.) and never mentioned, discussed, or conceived selling the Chamets as one of the ways of disposing of Chamets.
Moreover, following the modern way of selling the Chamets, all the rules the rabbis instituted—like bediqat Chamets or bitul Chamets—would be meaningless and unnecessary.
Following the Tosefta, Sephardic rabbis authorized a food store owner to sell his Chamets to a non-Jew, since it is an exceptional case, and even then, they authorized it under very specific conditions.
Rabbi Zini also explains that in the case of the Tosefta, there was a transference of the goods from the Jew to the non-Jew. In other words, the non-Jew takes possession of the Chamets goods (meshikha), which is an unequivocal legal act of acquisition.
Rabbi Zini brings several sources which assert that if the goods would remain in the house of the Jew, that is an unequivocal sign of ha’arama (in this case, “a bogus sale”).
This requirement—that the goods be transferred to the house of the non-Jew—is brought as a prerequisite for the valid selling of the Chamets by Terumat haDeshen, which is the source of the Bet Yosef.
Once and again, Rabbi Zini brings the Geonim and Rishonim, who, quoting the Tosefta, emphasize that the selling would be valid only if it is not a phony sale (ubalvad shelo ya’arim).
The next element which would be considered a sign of ha’arama, or a bogus transaction for most rabbis, is that the Tosefta discusses an exceptional case where a person is in the middle of the ocean, in a ship that was probably delayed for a few days and could not arrive at home before Pesach.
And, as Maimonides points out, higi’a sha’at ha’hamishit—the time for getting rid of Chamets had arrived—and this person has no other resource.
In halakhic terms, this is known as she’at hadahaq, extreme and unpredicted circumstances, the equivalent of bedi’avad.
However, when one deliberately plans to sell the Chamets every year as a way of circumventing the Mitsva of disposing of Chamets, according to Rabbi Zini, this is an unequivocal sign that the sale is insincere and therefore invalid.
Another point brought by Rabbi Zini is that, when valid and binding, this selling transaction implies that the buyer owns the Chamets and is entirely responsible for it.
The whole point of the sale is that once the non-Jew pays the down payment, the Chamets belongs to him. The balance is made into a debt (similar to a promissory note), and the fact that the buyer did not pay the balance yet does not affect his ownership of the Chamets.
In these conditions, the entire responsibility for those goods is the buyer’s.
Thus, for example, if during Pesach the whisky that I sold to the buyer and kept in my house was stolen or broken, I should not care, because the goods are under the buyer’s responsibility and therefore he will pay me back for those destroyed goods once Pesach is over.
As we know, this is not the case in practical terms with the modern selling of Chamets. Most people would definitely care that the Chamets (“their” Chamets) not be stolen or damaged, which again is a sign that they consider this Chamets their property.
The main opinion among modern Halakhic authorities who accepts as valid this selling of the Chamets was the Hatam Sofer (1762–1839). And as we said, relying just on this opinion, against the opinion of most rabbis, would be an exceptional leniency—especially for Sephardic Jews who never followed this practice.
Even among Ashkenazi rabbis, this type of sale was criticized. The champion of this cause was no other than the Gaon of Vilna (1720–1797), who considered that whoever sells his Chamets with ha’arama is violating two Biblical prohibitions (bal yera’e and bal yimatse) and failing to comply with one positive Biblical commandment (tashbitu).
PESAH: Invisible Hamets
הגעלת כלים
During Pesah, we do not use the same cooking utensils or tableware that we use year-round for Hamets. Why? Because although the utensils in which we cook Hamets might be clean, without any visible Hamets residues, their walls or surface might be impregnated with a Hamets substance, which, if not removed, will be reabsorbed into the food we would cook for Pesah. It is customary then, and most recommendable, to have a separate set of dishes, cookware and tableware for Pesah. If this is not possible, one can still use the year round utensils after a process known as hag’ala, a virtual sterilization that removes Hamets residues from within the utensils surface.
Before we do the hag’ala we need to make sure that we clean the utensils and have removed all visible residues of Hamets. The hag’ala then, will expel the Hamets absorbed in the walls of the utensil, by exposing it to heat. The removal of food residues will happen upon the same conditions in which the absorption occurred in the first place (kebol’o kakh polto).
Some examples of hag’ala:
Metal: Metal tableware like forks, spoons or knives, have to be thoroughly cleaned and then immersed in a pot of boiling water. Afterwards, they need to be washed with cold water and then they can be used for Pesah. Hot water opens the pores of metal, allowing the removal of any absorbed Hamets. Cold water closes the pores back.
Glass: According to the Sephardic tradition, glass utensils like cups or plates, used throughout the year for Hamets should be thoroughly washed and then, they can be used for Pesah without any further hag’ala. A glass utensil does not absorb anything thru its pores and therefore there is nothing to remove from its walls. This is applicable even when the glass utensil was used at high temperatures to serve hot Hamets food or even to cook Hamets food. It should be noticed that this Halakha is different for the Ashkenazi custom.
Porcelain (kele heres): Ceramic, pottery or porcelain china and tableware that we use throughout the year for Hamets should not be used for Pesah. They are an exceptional case, because Hag’ala cannot sterilize them completely. Why? Because the way these utensils absorb food in their walls and expel food from their walls is erratic. Therefore, year round porcelain or ceramic utensils should not be used for Pesah.
Cold: Since absorption takes place only at high temperatures, if a utensil was used to serve only cold food, it could be used during Pesah after thoroughly cleaning it, without any hag’ala.
Sink and counter-tops: The sink, counter-tops and kitchen-tables should be thoroughly cleaned before Pesah from any possible Hamets residue. Since we usually don’t place hot food on these surfaces, and these surfaces are not porous, cleaning them thoroughly would be sufficient. Still, following Rabbi Obadia Yosef z”l opinion, it is recommended to pour boiling water on them as an extra precaution. A regular dinning table, wood or glass, should be just thoroughly cleaned. It is customary to cover it with a new tablecloth for Pesah.
Dishwasher: Before Pesah, the dishwasher should be thoroughly clean of any visible food’s residue. Then it has to run on an empty cycle with detergent and without dishes. Thus, the dishwasher becomes ready for Pesah use. Rabbi Eliyahu Ben-Hayim recommends to replace the dishwasher’s racks or to use some added base to cover the racks.
Oven: The oven should not be used for 24 hours. Then we must thoroughly clean it before Pesah to remove any visible Hamets residue. Then, 1. if it is a self-cleaning oven, one self-clean cycle will be enough to have it ready for Pesah. 2. if it is not a self-cleaning oven, after we thoroughly clean it, we should run the oven on the highest temperature-setting for about an hour, including the racks. Then the oven is Kosher for Pesah.
Microwave: We should thoroughly clean the microwave before Pesah to remove any possible Hamets residue. Then, we take a bowl of water with some detergent or soap in it, and we let it boil inside the microwave for a few minutes, until the microwave walls are filled with its steam. This vapor would expel all absorbed Hamets residues, rendering the microwave Kosher for Pesah. If you can’t do this and you need to use a year-round microwave during Pesah, you should cover the food in a hermetic plastic container, Ziploc or any other airtight microwavable cover.
El artículo del rab Eliyahu Zini sobre la venta del Jamets
Algunas Objeciones A La Venta Del Jamets.
En mi opinión, uno de los textos mejor documentados que nos permite comprender los detalles y el debate alrededor de la venta de Jamets que realizamos en nuestros días, es una responsa, (del latín: Respuesta) escrita por el Rab Eliyahu Zini, un rabino que es también profesor de matemáticas en el famoso Instituto Technión de Haifa. Oí por primera vez, acerca de este documento, en una conferencia que, sobre el tema de Mejirat Jametz, dio el Sr. Joseph Mosseri, en Brooklyn, NY.
El Rab Zini explica que el precedente para la venta del Jamets se aprende de la Toseftá que dice que, si un judío, se encuentra en un barco y lleva con él mercancía Jamets, en el caso que su barco se atrase y no llegue a puerto para Pesaj, como estaba planeado , el Yehudí le puede dar o vender su Jamets, a un no judío, y se le permite, al término de Pesaj, comprar nuevamente el Jamets de él .
Este caso fue considerado por los rabinos como excepcional: una persona que está en medio del océano y no tiene otro recurso más que vender toda su mercancía. Rab Zini trae muchas fuentes, especialmente del tiempo de los Gueoním, que sostienen que la Toseftá se refiere a un caso excepcional. Indica por ejemplo que la Mishná y la Guemará, desarrollan ampliamente el tema de las diferentes maneras de deshacerse del Jamets (quemarlo, echarlo al mar, alimentar con él aves, etc.) pero nunca se menciona, se discute, ni se considera el concepto de la “venta” del Jamets como una de las maneras de desechar el Jamets. Más aun, siguiendo la lógica del método condicional de venta de Jamets en nuestros días, todas las reglas que los rabinos instituyeron respecto al Jamets, como la búsqueda de Jamets y la anulación de Jamets, se vuelven insignificantes y completamente innecesarias. Siguiendo la Toseftá, los rabinos sefaradíes autorizaron la venta de Jamets a no judíos en casos excepcionales, como por ejemplo el caso de una tienda de alimentos, y solamente bajo condiciones muy estrictas, como veremos a continuación.
Por ejemplo, en el caso de la Toseftá, hubo una transferencia de la mercancía del judío al no judío. En otras palabras, el no-judío tomó posesión de los productos Jamets (משיכה).El Rab Zini cita varias fuentes que afirman que, si la mercancía permaneciera en la casa del judío, eso sería un signo inequívoco de ha’rama, o transacción ficticia. Este requerimiento, que los productos sean transferidos a la casa del no judío, se trae como prerrequisito para dar validez a la venta de Jamets por el Terumat HaDeshen, quien es la base del Beth Yosef en este tema. El Rab Zini también menciona a los Gueoním y Rishonim que mencionan la Toseftá, enfatizando que la venta de Jamets tendría validez únicamente, en caso de ser real (ובלבד שלא יערים).
El siguiente elemento que también es considerado un signo de הערמה, “ficción” (una ficción jurídica, porque la verdadera intención no es lo que indica la transacción) por la mayoría de los rabinos, es que, como ya dijimos, la Toseftá menciona un caso excepcional, dónde la persona estuvo en medio del océano, en un barco que tuvo un retraso probable de algunos días. Como indica Maimónides,הגיע השעה החמישית , el tiempo en la víspera de Pesaj llegó y esta persona no tiene otro recurso. En términos Halájicos este tipo de situaciones se conoce como: “Sheat Hadajac”, un caso extremo, que es un equivalente de:“Bedi’abad”, “si ocurrió que…”, pero, cuando uno planea deliberadamente vender su Jamets para eludir la Mitsvá de desechar el Jamets, para estos Posqim, es un signo inequívoco de que la venta no es sincera y por lo tanto carece de validez.
Otro punto que trae Rab Zini es, que una transacción de venta válida, implica que el comprador es enteramente responsable por la mercadería que compra. Es decir, una vez que el comprador no-judío paga el anticipo del valor total, el Jamets le pertenece. La diferencia de dinero queda como una deuda (imagine que A le paga a B con su tarjeta de crédito y después A le paga al banco). El hecho que el comprador no ha liquidado su deuda, no afecta su derecho y responsabilidad sobre la mercadería en cuestión. En estas condiciones, la responsabilidad total por la mercancía debería ser del comprador. Por lo tanto, si durante Pesaj, el Jamets que yo vendí al comprador y mantengo en mi casa, p.e., una botella de whisky, es robado o se quiebra, no debería importarme, ya que de ser una venta real seria responsabilidad del comprador y él debería pagarme por la mercancía destruida una vez que termine Pesaj. Como sabemos, este no es el caso en los términos prácticos de la venta de Jamets. El comprador no tiene una responsabilidad legal en la practica por los productos Jamets, lo cual representa una señal que no considera el Jamets como propio.
La principal opinión entre las autoridades halájicas que aceptan como válida una venta legal pero ficticia del Jamets es la del Jatam Sofer (1762–1839). Como dije, apoyarse en esta opinión, contra la opinión de la mayoría de los rabinos que exigen deshacerse realmente del Jamets vendiéndolo sin intención de recuperarlo , sería una lenidad excepcional, especialmente para los judíos sefaradíes que nunca adoptaron esta práctica. Aún entre los rabinos Ashkenazim este tipo de venta ficticia fue criticada. El principal portavoz de esta crítica, fue, no otro que, el Gaón de Vilna (1720–1839) que consideró que, quien vende su Jamets con הערמה, viola, dos prohibiciones bíblicas (bal yera–é, bal ymats–é) y no cumple, con el mandamiento bíblico positivo (tashbitu).
Para leer el artículo completo del Rab Zini (Hebreo), dirigirse al enlace:
Http://www.orvishua.org.il/heb/files/art/1144659147.pdf.
Agradezco la ayuda del la Sra M.A. de Panamá por la traducción de este articulo (YB).
PESAH: What is and what is not Hamets?
איסור אכילת חמץ
HAMETS
During Pesah we are not allowed to eat, benefit from or even posses anything Hamets. But, what exactly is Hamets? Hamets (or Chametz) is any fermented substance -solid or liquid- that comes from one of the following five grains: wheat, rye, spelt, barley and oats.
During Pesah we are not allowed to eat, benefit from or even posses anything Hamets. But, what exactly is Hamets? Hamets (or Chametz) is any fermented substance -solid or liquid- that comes from one of the following five grains: wheat, rye, spelt, barley and oats.
The Hamets fermentation takes place only after eighteen minutes have passed from the moment one of these grains or one of their by-products comes in contact with water.
The following three factors need to be present simultaneously for a food to be considered Hamets.
(i) Flour or any other product derived from one of the above mentioned five grains. A fermented food product which is not or that does not contain any element coming from one of the five grains, like rice or corn, is not Hamets.
(ii) Water: when flour coming from one of the five grains is mixed exclusively with pure fruit juice, without water, the dough is not considered Hamets but Matsa Ashira.
(iii) Time. The Matsa has two of the three elements that makes a product Hamets: flour and water. But it is entirely baked before eighteen minutes have passed from the moment water and flour came in contact. Time, therefore, is the main difference between Hamets and Matsa.
Some common examples of Hamets products are: Bread, pasta, crackers, cookies, fiber-drinks, cereals, baby foods, whiskey and beer.
SE-OR
The prohibition of Hamets includes another element, a food additive which the Tora calls se-or (שאור). Se-or (grain yeast) is a catalyzer of the fermentation process. While Hamets is intended for eating se’or is a leavening agent in preparing to prepare Hamets foods. In other words, once you have a dough, flour and water, mixed together the fermentation process could take place in 18 minutes, or you can add se-or / yeast and the fermentation process will be faster. All the prohibitions of Hamets apply to se-or as well.
QITNIYOT and RICE
Rice, corn and any seed, legume or grain which is not one of the five grains (wheat, rye, spelt, barley and oats) are not Hamets and do not become Hamets even if they undergo a fermentation process. The Ashkenazi custom, however, is to forbid the consumption of legumes and grains like rice or corn during Pesah. Let us see the case of rice. Obviously, the Ashkenazi tradition does not consider that rice or any other grain besides the five above mentioned grains is Hamets. The reason for the abstention from rice on Pesah is that it was common to find grains of wheat mixed with grains of rice. Either because the fields where rice was grown were usually nearby or within the same fields where wheat was grown, and/or because whole rice-grains and wheat-grains look alike. In the old markets, it was not uncommon to find grains of wheat within bags of rice or other grains and legumes. And, as we will later explain, the prohibition of Hamets during Pesah is so severe that even one grain of wheat would render a whole food forbidden for Pesah. The stringency of refraining from rice is not an exclusive Ashkenazi tradition. Sephardic Jews are divided on the issue of rice. Moroccan Jews and other Jews from North Africa also avoid eating rice during Pesah, while Persian, Syrian and other Middle East Jews consume rice during Pesah. However, to avoid the possibility of the accidental presence of a grain of wheat in the rice, the Persian and Syrian custom is to check the rice three times before using it for Pesah.
The custom to refrain from eating rice and any other kind of seeds during Pesah is called isur qitniyot (the prohibition of legumes). Now, even though the Ashkenazi custom forbids the consumption of qitniyot during Pesah, qitniyot products could be kept during Pesah at one’s home and there is no need to throw them out or sell them (Rabbi Eliezer Melamed, Penine Halakha, following Sh. ‘A. Rama, 453:1). Also, as pointed out by Rabbi Eliezer Melamed, although the Ashkenazi custom is to forbid qitniyot during Pesaḥ, that is only when the qitniyot constitute the majority of that product (more than 50%) but if qitniyot are present in a smaller proportion (corn-syrup, corn-starch, etc), the food is not forbidden (see Mishna Berura 8-9). You can read the book of rabbi Eliezer Melamed, Penine Halakha online, see here.
NON EDIBLE HAMETZ
Sephardim are allowed to keep and/or use during Pesah any product which is non-edible, i.e., unfit for human or animal consumption, even if that product might contain Hamets For example: Cosmetics, glues, shampoo, deodorants, perfumes, soaps, detergents or any other cleaning products, etc. In all these cases there is neither a need to check for the absence of Hamets, nor for any kind of Kosher for Pesah certification.The consumption of medicines in the form of capsules or non-chewable pills is also allowed. Why? Because when a medicine comes in the form of a hard non-chewable pill it is considered “non-eatable Hamets” (eno ra-ui leakhilat keleb) therefore, even if it would contain a Hamets by product (which is highly unlikely, as I will explain), one can take that medicine during Pesah. However, chewable pills, syrups, powder-drinks, supplements drinks and/or any other flavored and/or chewable medicines or vitamins, should be certified Kosher for Pesah, or one should make sure that they do not contain any Hamets ingredient in their composition.Rabbi Eliezer Melamed explains that this Halakhic criteria is also followed by many Ashkenazi rabbis in Israel. He also clarifies that today, virtually all medical pills are made with potato or corn-starch and almost none with wheat-starch (among other reasons because wheat-protein, gluten, is harmful for celiac patients).
A similar criteria is followed by Rabbi Gedalia Schwartz, from the Chicago Rabbinical Council (cRc), as you can see in this letter.It is advisable then, when possible, to ask the physician to prescribe for Pesah medication in the form of non-chewable pills.
Sephardim are allowed to keep and/or use during Pesah any product which is non-edible, i.e., unfit for human or animal consumption, even if that product might contain Hamets For example: Cosmetics, glues, shampoo, deodorants, perfumes, soaps, detergents or any other cleaning products, etc. In all these cases there is neither a need to check for the absence of Hamets, nor for any kind of Kosher for Pesah certification.The consumption of medicines in the form of capsules or non-chewable pills is also allowed. Why? Because when a medicine comes in the form of a hard non-chewable pill it is considered “non-eatable Hamets” (eno ra-ui leakhilat keleb) therefore, even if it would contain a Hamets by product (which is highly unlikely, as I will explain), one can take that medicine during Pesah. However, chewable pills, syrups, powder-drinks, supplements drinks and/or any other flavored and/or chewable medicines or vitamins, should be certified Kosher for Pesah, or one should make sure that they do not contain any Hamets ingredient in their composition.Rabbi Eliezer Melamed explains that this Halakhic criteria is also followed by many Ashkenazi rabbis in Israel. He also clarifies that today, virtually all medical pills are made with potato or corn-starch and almost none with wheat-starch (among other reasons because wheat-protein, gluten, is harmful for celiac patients).
A similar criteria is followed by Rabbi Gedalia Schwartz, from the Chicago Rabbinical Council (cRc), as you can see in this letter.It is advisable then, when possible, to ask the physician to prescribe for Pesah medication in the form of non-chewable pills.
Needless to say that in case of a serious medical condition, any necessary medicine should be taken.
Food that is suitable for animal consumption is forbidden to keep during Pesah. If one has a pet, therefore, one should get pet-food that does not contain any Hamets product. Click here to read the Star K article on pet products Kasher for Pesah.
PESAH: Different types of Matsa
מצות אכילת מצה
Matsa (in English “Matzah”) is a special unleavened bread made of a flat dough. The dough is prepared with flour and water, without yeast. The flour normally comes from wheat, but technically, the Matsa could also be made from barley, oats, rye or spelt’s flour. The whole elaboration process from the time the flour gets in contact with water until the Matsa is baked takes less than 18 minutes.
There are different types of Matsot. In today’s halakha we will learn the differences between 1. Regular Matsa and Matsa Shemura, and 2. Hand-made Matsa and machine-made Matsa
Let us begin with regular Matsa and Matsa Shemura.
The difference between these two Matsot has to do with the level of supervision (shemira), more specifically, the point at which the supervision begins.
Regular Matsa: The supervision of the processing of this Matsa begins from the moment of the mixing of the flour with water. It is necessary to supervise that the flour to be used for the Matsot be kept in a dry place (humidity makes the flour Hamets). Furthermore, the water to be used to bake the dough should be at room temperature level, because warmer water would accelerate the process of fermentation. No dough, even a small piece, might be left unattended. Any piece of dough left unbaked for 18 minutes is Hamets. The machines should be cleaned after each production for residues of dough, water, etc. These are some examples of the supervision of the Matsa.
Matsa Shemura: In addition to all the rules for regular Matsa in the elaboration of Matsa Shemura the grain is supervised from the time of harvesting. For example: the wheat kernels are carefully examined to make sure that there are no grains which have split or that are sprouting. In those cases the process of Himuts would be triggered by a minimum moisture. The grain is also supervised when it is stored and transported, making sure that there is no humidity.
Certainly, both Matsot are Kasher for Pesah. But the use of Matsa Shemura is recommended particularly for the first two nights of Pesah (in Israel, the first night), when we say the Berakha ‘al akhilat Matsa. Why? Having Matsa Shemura during the nights of the Seder is a practice that we follow in attention to the pasuq (Ex 12:17) ושמרתם את המצות “and you shall guard (=supervise) the unleavened bread”.
During the other days of Pesah there is no obligation to use Matsa Shemura, because during the rest of the Holiday there is no requirement to eat Matsa but only to refrain from eating Hamets.
Matsa ‘abodat yad (hand made Matsa) vs Machine made Matsa:
In general, when making a religious article (or even one of its accessories) to be used for the performance of a Mitsva, this article must be done with the specific intention of being used for the fulfillment of that Mitsva. Example: we cannot use left-overs of leather, which were made originally for shoes, belts, etc. to make a Tefilin or its straps. The leather to be used for Tefilin has to be processed “explicitly” for the purpose of fulfilling the Mitsva of Tefilin. Thus, before processing the leather, the person in charge says: leshem mitsvat Tefilin, [“I’m processing this leather to be used…] for the mitsva of Tefilin”. The same principle applies, for example, with the threads used for the Tsitsit, they must be manufactured for that specific purpose. If they have been made for another purpose, or even with not specific purpose, these threads are unfit for fulfilling the Mitsva of Tsitsit.
Similarly, the Matsot that will be consumed during the first two nights of Pesah (matsot mitsva), must be elaborated with the explicit purpose of fulfilling the mitsva of eating Matsa. Now, unlike the case of leather left-overs or commercial made strings, Kosher for Pesah Matsot, are always made for Pesah.
In the case of the Matsot, therefore, the question is a little different, and it applies specifically to Matsot made by machine. The question is: Do we consider that the “human intentionality” extends from the man who activates the machinery saying “leshem matsot Mitsva”, to the machinery itself, in which case the Matsot will be unquestionably fit? Or, is this “purposefulness” discontinued as soon as a non-human factor intervenes? The rabbis debated on this matter. Some rabbis assert that machine made Matsot could be used for the first two nights and perhaps they are preferable to hand made Matsot, because although the question of purposefulness still remains, machine Matsot are less exposed to human errors, and that factor supersedes the debate over purposefulness. However, many rabbis (among them rabbi Obadia Yosef, z’l) recommend to use for the first two nights of Pesah, when eating Matsa is mandatory, a Matsa elaborated by hand, with a reliable Rabbinic supervision. Following this last opinion, it is recommended to use hand made Matsot for the first two nights of Pesah, if one can find and/or afford hand-made matsot shemurot. If not, one can use Matsa shemura made by machine. For the rest of Pesah, it is unnecessary to use hand-made matsot .