2

After bedikas chometz on the 14th of Nissan by night and again on the 14th of Nissan by day we are "m'vatel" (nullify) all of the chometz in our reshus (property.)

Can a person say already any time before the 14th of Nissan that on the 14th of Nissan all of his chometz should be buttel. We don't see this "eitzah" (solution) spoken about in the poskim and seems clear that we do it on the 14th. However why is one not able to be m'vatel the chometz already from before the time by making this declaration?

Improve this question
5
  • 2
    I imagine it wouldn't work on Chametz you have yet to acquire.
    – Double AA ♦
    Mar 6, 2013 at 13:57
  • @Dan Early bedika is discussed in the Talmud. The question relates to the process of bittul which is a biblical issue, unlike bedika which is rabbinic.
    – Double AA ♦
    Mar 6, 2013 at 18:06
  • 1
    Ever wonder why we do hatarat nedarim every erev Rosh Hashanah when we say at the end of the nusach "any future nedarim i shall make should be included.." I think because we may have forgotten or situations have changed we therefore need to repeat the whole Hatara. Same here if you do it early and then get some expensive scotch it's possible that the bittul would not cover it since your daat was only on what you thought you would have in the house on the 14th i.e whatever was leftover or not set aside to be sold (assumes that you forgot to sell the scotch) and not the expensive scotch.
    – eramm
    Mar 6, 2013 at 18:48
  • @eramm See judaism.stackexchange.com/q/20295/759 I find your logic rather speculative.
    – Double AA ♦
    Mar 7, 2013 at 0:00
  • By doing bittul he cant really make the b'dika afterwards. That is why it is not done before.
    – user2800
    Jun 26, 2013 at 9:32

3 Answers 3

Reset to default
1

A person can certainly declare his chametz to be owner-less before the 14th of Nissan, just as a person has the ability be mafkir any piece of property at any time.

However, there is a special mitzvah on the 14th of Nissan called Tashbitu it comes from the Exodus 12:15

אַךְ בַּיּוֹם הָרִאשׁוֹן, תַּשְׁבִּיתוּ שְּׂאֹר מִבָּתֵּיכֶם On "Yom Rishon" you shall remove any leaven from your homes

The Talmud in Pesachim (4b-5a) explains that "Yom Rishon" refers to the 14th of Nissan.

While there is a dispute among the commentators as to how one fulfills this mitzvah, Rashi (Pesachim 4b) and others (Rambam Chametz U'Matzah 2:2 and Unkelus) hold that we accomplish it by annulling our Chametz on the morning of the 14th. Therefore one who does this nullification before the 14th would not accomplish this mitzvah.

As well, any chametz that comes into his or her possession after that point would not be nullified.

Improve this answer
0
1

The Ramban (Chiddushim to Pesachim 4b s.v. ענין ביטול חמץ paragraph אלא כך אני אומר) seems to understand that the bittul is not an act of hefker. Rather it is "acquiescing" or lining yourself up with the Torah's act of removing the chometz from your ownership (which happens on its own when it becomes assur). This isn't like a kinyan which can be done now and take effect later. It has to be in the time frame of when it is relevant.

Improve this answer
4
  • Where is the Ramban exactly?
    – Yehoshua
    Jan 22, 2014 at 12:28
  • @Yehoshua edited to include source.
    – Y     e     z
    Jan 22, 2014 at 18:54
  • Great, thanks! I'll go look for it now on Hebrew Books and post a link if I find one
    – Yehoshua
    Jan 22, 2014 at 19:58
  • @Yehoshua It's on daf daled of the machon maarava (green) Ramban, if that helps. I'm not so good at finding texts online.
    – Y     e     z
    Jan 22, 2014 at 20:04
0

I asked my Shul rabbi this question this evening.

After expressing surprise that someone would want to do this, he said he believed it would be effective, but it would not fulfill the Takanah DeRabbanan of checking the night before.

Improve this answer
3
  • Why wouldn't it fulfill the Takanah??
    – andrewmh20
    Mar 7, 2013 at 1:40
  • What takana is this that isn't being fulfilled?
    – Double AA ♦
    Mar 7, 2013 at 16:38
  • @double aa Pesahim 4b.
    – Seth J
    Jun 25, 2013 at 21:52

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .