PESAH, declaring our Hamets ownerless

ביטול וביעור חמץ

Yesterday, we explained the Biblical prohibition of keeping any edible Hamets product in our premises and the obligation to get rid of all Hamets food before Pesah eve. 
 
On Sunday April 13th, at the end of Bediqat Hamets (see this) and once we left some Hamets to be eaten tomorrow morning, we pronounce the first Bitul Hamets:

“kal hamira de-ika birshuti dela haziteh vedela bi’arteh libtil veleheve (hefqer) ke’afra dear’a”
The translation is:
“All kind of Hamets or fermenting agent that belongs to me, that I haven’t seen or that I haven’t dispose of, should be considered ownerless, as the dust of the earth.”
The reason for the bitul is the following: as we’ve already said, during Pesah the ownership or possession of Hamets is forbidden, even if our Hamets is hidden in a closed place or even if it is not in our house. During Pesah there cannot be any Hamets that belong to us. Therefore, through this declaration (bitul) we renounce to our ownership of any Hamets that belong to us and that involuntarily we might not have found or removed. This obviously excludes the Hamets that we left for tomorrow’s breakfast. Technically speaking, once we renounce to its possession, the undetected Hamets will become ownerless, and if it is still found in our premises, is not ours anymore.  
 For this declaration to be valid, it is necessary to understand the words we are uttering. Thus, one should say it in a language he or she understands. To become absolutely conscious of this declaration, our Sages recommended repeating it three times.
  
Bi’ur Hamets (Disposing of Hamets)
  
The following day, Monday April 14th, after we finish eating the Hamets that we left from last night for breakfast (no later than 9.56 a.m.) we take the Hamets found last night in the last search together with  the leftover of the Hamets that remained from breakfast and we proceed to its physical disposal (bi’ur). This can be done by burning the Hamets (in a safe place!) or, if we have a piece of bread, for example, by throwing it in a river to the fish or feeding it to the birds. After we disposed of our Hamets  we pronounce once again the bitul. This time the declaration is more comprehensive:
  
“kal hamira de-ika birshuti dehaziteh vedela haziteh debi’arteh vedela biarteh libtil veleheve (hefqer) ke’afra dear’a”
  
The translation is:
  
“All kind of Hamets or fermenting agent that belongs to me, that I have or have not seen and that I have or have not eliminated, should be considered ownerless, as the dust of the earth.”
  
This last bitul must be done Monday April 14th, no later than 11.12 a.m. Once this bitul is done no more dealings with Hamets are allowed until Pesah is over. If we find a Hamets food during Pesah or after Pesah, that Hamets should be dispose of



PESAH, searching for Hamets before Pesah eve

Yesterday, we explained the Biblical prohibition of keeping any eatable Hamets product in our premises (see this). To comply with these Mitsvot, first we clean our houses removing any Hamets food that we find. Then, the night before the Seder night, on Sunday April 13th 2014 after nightfall, we proceed to do the bediqat Hamets, the final inspection, to search for any Hamets-food that might have remained in our property after cleaning.
With the aid of a candle or a flashlight, we search all spots in our house where we might have brought, eaten or stored food. We search every room where we may have eaten any Hamets food or snacks. And we particularly search the kitchen and every food-storage space like the pantry, the refrigerator, the freezer and all other places in which we usually keep food.  In the bediqa we are looking especially for Hamets “food”, which we might have have not removed during the cleaning process (cookies, pasta, frozen Hamets food, pastries, cereals, a can of beer, a bottle of whiskey, fiber drinks, candies, etc.) and not so much for Hamets residues on the floor, which will be rendered hefqer, ownerless, by the bitul, when we renounce to the ownership of any undetected Hamets.  
  
We should also search our cars, since it is not uncommon to eat or keep snacks in a car. Cars should be washed and cleaned before Sunday night, in preparation for the bediqa.   We should also inspect our office or place of work, because we often bring food or snacks there. If it is impossible to search these locations Sunday night right after we do the bediqa at home, we should search our cars and workplace before Sunday night, or early Monday morning, April 14th.

PESAH OUT OF TOWN
When a family spends Pesah out of town, the last Hamets inspection (bediqa) of the family-home should be done the night before leaving home. If that is before Sunday night April 13th, they would not say any berakha before the bediqa. The Hametz found should be disposed, giving to a gentile, etc.  The night of the bediqa, Sunday April 13th, the family should search for Hamets in the house or in the Hotel room where they will stay for Pesah. This time they should recite the berakha before the inspection.


Dedicated to the memory of my father Ya’aqob ben Yehuda z”l



PESAH Understanding the prohibition of owning Hamets during Pesah

What makes the prohibition of Hamets so unique is that, unlike other forbidden foods, it also includes the ban of its possession.  There are two Mitsvot in the Tora related to the prohibition of possessing Hamets: 1. bal year-e (lit. your Hamets shall not be seen in your premises); 2. bal-yimatse (Hamets shall not be found in your premises). Our Rabbis explained that these two Mitsvot actually point out to one single prohibition: owningHamets during Pesah.  Ownership or possession is a legal, abstract concept. If I posses Hamets during Pesah, even if that Hamets is stored outside my premises, I would be violating these two Biblical Mitsvot.  In addition,  we also have a third Mitsva called 3. tashbitu (you shall end the possession of your Hamets), which commands us to actively disown our Hamets before Pesah begins. In sum, owning Hamets during Pesah would imply the violation of these three commandments. 
Strictly speaking, (and following Maimonides opinion) these three Mitsvot are fulfilled at once by the bitul , i.e., a formal verbal declaration by which we renounce to the ownership of any eatable Hamets (non-eatable Hamets is not under the prohibition of benefit or ownership), which knowingly or unknowingly, belong to us, regardless of where that Hamets is located.
But the Rabbis explained that if we would only perform this verbal renunciation to our Hamets while keeping it in our possession we might face some practical problems. First, we might be declaring that we do not own anymore our Hamets, while at the same time, if we posses any valuable Hamets (imagine an expensive whiskey bottle), would we really and wholeheartedly mean that we renounce for good to its possession?  Probably not. So, the bitul would become an insincere declaration of renunciation to our valuable Hamets.  Second problem: Hamets (bread, crackers, cookies, etc.) is one of the most  common foods. Therefore, if we renounce to our Hamets but we still keep it at home, we might eat it accidentally during Pesah…
This is why our rabbis instructed that before we do the bitul, we should physically get rid of any eatable Hamets we own, before Pesah begins. 
Accordingly, and following Talmudic tradition, there are four steps that should be taken to properly cover these three Biblical commandments.  
(1) We should clean our houses, cars, offices, etc. before Pesah begins, to remove all Hamets from our premises. 
(2) We have to run a final search of all our properties to make sure that we have removed everything Hamets from them (בדיקת חמץ). 
(3) We have to physically remove and get rid of any Hamets found in our properties before and during the Bediqa (ביעור חמץ). 
(4) Then, we declare that whatever Hamets we may still own, which was not detected or removed by us, does not belong to us anymore, and from now on that Hamets is considered ownerless (הפקר) as the dust of the earth ( ביטול חמץ). 
  
B’H, in the coming days, we will explain each one of these steps in more detail. 



PESAH, Getting your kitchen ready for Pesah (2 of 2)

continuing from Friday (see this )
Sink and countertops: The sink, countertops and kitchen-tables should be thoroughly cleaned before Pesah from any possible Hamets residue.  Since in our days 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 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 possible 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. If the microwave walls are porous this vapor would expel all absorbed Hamets residues, rendering the microwave Kosher for Pesah (If they are not, then the walls will not reabsorb any Hamets anyways). If you can’t do this and you need to use a year-round microwave during Pesah, you should cover the food in a container, Ziploc or any other airtight microwavable (and safe!) cover.  



Dedicated to the memory of my father Ya’aqob ben Yehuda z”l




PESAH Getting your Kitchen ready for Pesah (1 of 2)

During Pesah, we do not use the same cooking utensils or tableware that we use year-round for Hamets.  It is customary, 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. 
Before we do the hag’ala we need to make sure that we 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 Minhag, 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.

Shabbat Shalom!
Candle lighting in NYC      6:56 pm
Shabbat ends in NYC          7:57 pm
Dedicated to the memory of Ya’aqob Ben Yehuda, z”l



PESAH, medicine and non-edible products

Sephardim are allowed to keep or use during Pesah any product which is non-edible, i.e., unfit for human or animal consumption, even if they might contain Hamets  For example: Cosmetics, glues, paint, 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).  
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 see the Star K list of pet products Kasher for Pesah.
Dedicated to the memory of Ya’aqob Ben Yehuda, z”l



PESAH, two differences between Sephardic and Ashkenazi traditions

1. qiniyot. As we explained yesterday, the Ashkenazi custom is to refrain from eating rice and any other kind of seeds during Pesaḥ. This is called isur qitniyot (the prohibition of legumes).   Now, even though the Ashkenazi custom forbids the consumption of qitniyot during Pesaḥ, 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, here
2. eno hozer vene’or.   The Sephardic tradition holds that if a food does not have a Hamets ingredient or by-product in their basic composition, but has a Hamets additive or ingredient in a proportion smaller than 1.6 (or 1/60) of the total product (usually an additive), if that food was elaborated before Pesah, that food is permitted for Pesah.  Whereas for the Ashkenazi custom,  it does no make a difference if the food was done before or during Pesah: even a minimal amount of Hamets (0.001) renders the whole product non-Kosher for Pesah.  There are many practical consequences to this rule. One of them is that for the Ashkenazi custom every product to be consumed during Pesah has to be done exclusively under strict Kosher for Pesah Rabbinical supervision. Thus, in a food factory, the criteria to avoid the presence of Hamets would be, in practical terms,  the same as the criteria applied to avoid the presence of an allergen in the food product. Establishing a complete Hamets-free environment to preventing even an accidental Hamets’s cross-contamination.
Dedicated to the memory of Ya’aqob Ben Yehuda z”l



PESAH, all about 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 (qitniyot).  Let us analyze 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 market, 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 e 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.   
Information about rice, Rabbi Eliyahu Ben Hayim. 
1. “As per phone conversations with rice importers and receipt of confirmation letters from them, Rabbi Eliyahu Ben Haim has confirmed that the following brands of rice are 100% pure, not enriched, and have no additives or preservatives. Therefore, they are suitable for use on Pesah.  The brands are as follows:  Lalquila, Shahzadeh, Pari, Royal, Zebra, Deer, Empire, and Gold & Quilla. Even though these rices are 100% pure, our custom is to clean the rice and check it three times before using it for Pesah.”  
2. Information about enriched rice from Rabbi Yehuda Boroosan, Mashgiach from OU, Atlanta, GA. 
“Rice is a primary staple food for many people. When rice is processed into white rice, the fiber and nutrient rich outer bran is stripped first, leaving behind the germ and endosperm. In many cases, the nutritious germ is lost as well during the polishing process. As a result, white rice is not terribly nutritious, naturally. Therefore, the U.S. Food and Drug Administration (FDA) requires that any rice labeled “enriched”, regardless of its point of origin – whether domestically grown or imported – must contain at least the minimum level of thiamin, niacin, iron and folic acid as specified in the Code of Federal Regulations. “Organic Rice’ on the other hand may not contain other nutrients, in compliance with the regulations set forth by the International Federation of Organic Agriculture Movements (IFOAM). Although the USDA does not require any import permit to import processed “Natural Rice” such as Basmati, Jasmine, etc., without enrichment, for food consumption to the US, in some countries abroad the trend has become to enrich their natural rice that is intended for import purposes.  
  
Niacin (Vitamin B3) – is produced through synthetic process. Although the production process is synthetic, it does rely on enzymatic process. The enzymes used in the process are not of any chametz concern.
Iron ferrous sulfate) – is an inorganic chemical and is not of any chametz concern.
Folic Acid (Vitamin B9) – is an innocuous ingredient and presents no issues for Pesach.
Thiamin (Vitamin B1) – is a vitamin that is made through reaction of ethanol with formic acid to produce ethyl formate that is used to make Vitamin B1. Ethanol variously made either from wheat, sugar cane, sweet potato or corn depending on its price in the market. Presently, there is no definitive assurance that the ratio of Ethanol is less than 1/60 of the total mix that is utilized to produce the final product. However considering the fact that all four vitamins are blended together along with a carrier and then only 3/10 of a pound of enrichment is added to every one thousand pounds (0.03%) of rice, the enrichment is considered null & void. Hence, if you purchase enriched rice DURING Pesach, it will be preferable to rinse it before cooking to remove vitamins. Rice purchased before Pesach could be used as it is. 



PESAH, what is and what is not Hamets?

Our father, Rabbi Yosef Bitton is in mourning for his father, Ya’aqob Ben Yehuda, sitting shib’a in Buenos Aires with his family, asked us to send the HOTD for this week based in what he wrote last year.
 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 its by-products comes in contact with water. 
Some common examples of Hamets products are: Bread, pasta, crackers, cookies, fiber-drinks, cereals, baby foods, whiskey and beer.
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. (tomorrow, BH, we will explain this subject better).
(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. 
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. 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.   
Today’s HOTD is dedicated to the memory of Ya’aqob Ben Yehuda, z”l who passed away eve of Shabbat 19 of Adar II 5774. תנצב”ה



PESAH, Hand made vs machine made matsa

מצות אכילת מצה


In general, when making a religious article or one of its accessories to be used for a Mitsva, this item must be done with the specific intention of being used for the fulfillment of that Mitsva.  Example: we can not use left-overs of commercial leather (made originally for shoes, etc) to make a Tefilin or its straps. The leather has to be processed explicitly for the purpose of fulfilling the Mitsva of Tefilin. Before processing the leather, the artisan says: leshem mitsvat Tefilin, [“I’m processing this leather to be used…] for the purpose of 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, and if they have been made for another purpose, or even for 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 the fulfilling the Biblical 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.  Do we consider that the “human intentionality” extends from the man who activates the machinery, who actually says: 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 debate on this matter. Some rabbis assert that machine made Matsot 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 matter of purposefulness. However, many rabbis (among them rabbi Obadia Yosef, z’l)  recommend to use for the two nights of Pesah, when eating Matsa is mandatory, a Matsa elaborated by hand, with a reliable Rabbinic supervision.  According to some rabbis (Rabbi E. Melamed) this purposefulness is also part of what gives a Matsa its status of shemura (see yesterday’s HOTD).
Following this last opinion it is recommended to use hand made Matsot for the first two nights of Pesah, if one can find them and especially 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.

SHABBAT SHALOM!
Lighting candles in NYC            6:49 pm
Shabbat ends in NYC                  7:50 pm