Chametz and Chumros

Enterprising thieves, in the times of the Gemara, seemed to always be able to catch up to the latest anti-theft trend. The Gemara goes through various measures a watchman was supposed to undertake to safeguard cash. (Bava Metzia 42a) The Gemara proceeds to explain how creative burglars ultimately defeated every technique. At one point in time, the only safe way to safeguard money was to bury it in the ground. There was some question as to how deep a watchman must dig to bury the cash. The Gemara points out that if chametz is buried under a pile of rubble, it may be left there over Pesach. However, if the chametz is buried under less than three tefachim of debris, the owner must remove it. Is the same true for cash? Is three tefachim the magic depth? Ultimately, the Gemara concludes that even one tefach suffices to bury money. Three tefachim is required for chametz so that a dog doesn’t dig it up over Pesach.

It is clear that under certain situations a person can be aware of definite chametz, yet he will have no obligation to remove it before Pesach. One component of bedikas chametz is declaring that all of one’s chametz is worthless and ownerless. However, one can’t simply make that declaration and be absolved from all Pesach cleaning. Chazal mandated that one cannot rely on bitul chametz alone. One reason is that if a person finds chametz over Pesach, he may come to eat it. Therefore, practically, we remove chametz from our houses and declare that any chametz we own is ownerless.

Chametz buried under rubble might achieve two goals by itself. The chametz is considered destroyed. Moreover, he won’t come to eat it on yom tov since it is buried. Therefore, it’s possible that known buried chametz might not even require bitul. As a practical matter, we always perform bitul chametz, so there is no need to theorize if buried chametz requires bitul or not.

Rav Vozner (Chut Shani-Bedikas Chametz 2nd perek) ruled that chametz buried under refuse also does not need to be removed before Pesach. Although it may be easier to dig through garbage than rubble to get to chametz, it doesn’t make a difference. Practically, no one is going to dig through waste to get to chametz, therefore, it is like it is destroyed.

Most people have a separate mixer for Pesach. However, what would be the halacha in a situation where someone doesn’t have that luxury? The mixer would certainly need to be cleaned out well. But what if some challah dough got stuck in between some cracks and crevices? What if there is a k’zayis of chametz visible through the mixer cracks, but it is inaccessible? Does one have to hire a professional to take apart his mixer? No! He can technically use that very same mixer that has chametz in it for Pesach. Since the chametz is inaccessible, it is like it is destroyed and one may rely on bitul chametz. This assumes that no crumbs of chametz will enter into food on Pesach. (The chametz is in the unit and not in the bowl.)

Similarly, one does not need to move heavy furniture to look under them for chametz. Rav Vozner says this is true even if one would move the heavy furniture to look for jewelry. Under normal circumstances, the heavy furniture is not moved, so any chametz under them is not accessible. Rav Vozner reasons that a person can move rubble if he has to find an item. Yet, the Gemara rules that one does not need to move the rubble. Therefore, one does not need to move heavy furniture even if it is possible to move it. Similarly, if there is a space between heavy furniture and a wall, one can rely on bitul and not check or clean there.

There is one major caveat: if one did move heavy furniture less than 30 days before Pesach, he must clean under it. This is based on the logic that one can’t intentionally cover up an area with rubble to save himself from performing a bedika in that area. However, if a third party covered up his chametz with rubble, Rav Vozner says that no bedika is required.

This raises an interesting question: if someone moves his heavy appliance less than 30 days before Pesach, he must clean or do a bedika under it. What if someone hired a repairman to fix his hard-to-move refrigerator? The repairman moved the heavy refrigerator and moved it back. If the owner had done so, there is no question that a bedika is required. Similarly, if the owner was present when the fridge was moved back and forth, presumably a cleaning or bedika is required. What if the owner was not present? Do we view the repairman as an agent of the owner and require a bedika?

One last scenario discussed by Rav Vozner: chametz entered the lining of one’s jacket through a hole in a pocket. The area is inaccessible. Somewhat surprisingly, Rav Vozner requires one to open up the seams and remove the chametz. The opening of the seams does not require an expert. Therefore, Rav Vozner deems this area accessible and requires the chametz to be removed. However, Dayan Fisher, zt”l, disagrees and said this too is similar to a situation of chametz covered by rubble and one can rely on bitul.

The Piskei Teshuvos points out that the aforementioned rulings represent the letter of the law. However, the nashim tzidkaniyos of K’lal Yisrael would never countenance using a mixer on Pesach where chametz was visible! The Shulchan Aruch even records a custom of scraping walls clean! Yet, it is always important to distinguish between mandatory halacha from minhag. Sometimes, following these chumros may be a luxury that will have to give way to other pressing concerns.