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Some things are forbidden via halacha in local terms, such as eating, but some things are so forbidden that we may not derive hana'ah, benefit from them in any way. Chameitz She'avar alav HaPesach, leaven that we retainined in our possession over Passover, is such a category -- in fact, this site says that one may not even return chameitz items purchased on Pesach for a refund as that constitutes benefit.

Benefit, though, confuses. me. I know from learning parts of Masechet Sukkah (Schottenstein 31b2, note 19, referencing R"H 28a), that one does not derive benefit simply by fulfilling a mitzvah (that is, the status of having been mekayem the mitzvah is not inherently benefit), so I assume that one's burning the leftover chameitz, though he might gain spiritually by being yotzei an obligation, is not "hana'ah". Daf 35a(3) note 24 references Masechet Shabbat 25a-b which says that one may derive more physical and practical benefit from the burning of T'rumah which has become tamei, like using the fire as fuel in an oven. But I do not see that there is a blanket issur of hana'ah for said T'rumah.

Where there is such a law, like by forbidden chameitz, can one derive similar secondary benefit through the destruction of the leaven? Does fulfilling the obligation to burn it and then using the flame to create warmth in a house, or run an oven in which other food is cooked, or to dry clothes etc. constitute a forbidden benefit in the same way that a direct benefit (reselling it, feeding it to one's animals etc.) does?

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Shulchan Aruch Orach Chaim 445:2:

ואם שרפו קודם שעה ששית הרי זה מותר ליהנות בפחמין שלו בתוך הפסח אבל אם שרפו משעה ששית ולמעלה הואיל והוא אסור בהנאה הרי זה לא יסיק בו תנור וכירים ולא יבשל ואם בישל או אפה אותה הפת ואות' התבשיל אסורים בהנאה וכן הפחמין שלו אסורים בהנאה הואיל ושרפו אחר שנאסר בהנאה:‏

If one burns it [chametz] before the the sixth hour [of erev pesach] one may obtain benefit from the charcoal during pesach.

However, if one burns if from the sixth hour and onwards, since it became forbidden to benefit from it, one may not use it to stoke an oven or stove and one one may not use it [as fuel] for coooking.

And if one cooked or baked [using it as fuel] then the loaf or dish [that was baked or cooked] are forbidden to derive benefit from, and the charcoal [obtained from the chametz] is also fobidden to derive benefit from, since he burnt it after it became forbidden.

  • Does a law against hana'ah continue no matter how many changes in form or use follow? If that charcoal is crushed, can it be used to pave a floor? Does it matter if the charcoal is burned in an action which inherently is a kiyum of a separate mitzvah (burning for the sake of removing the chameitz? -- the charcoal form is only incidental. – rosends Jan 12 at 14:37

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