(by Rabbi Yair Hoffman for the Five Towns Jewish Times) Normally people smile when they see the cheerful picture of the Gerber baby.  That’s why they chose her.  Not so, over Pesach. Finding her face on oatmeal cereal left in the diaper bag over Pesach can bring fear and agony to the heart of the most loving of mothers. The father was doing the bedikah in the house – and the diaper bag was with his wife at his in-law’s house. [By the way, the Gerber baby’s name is Dorothy Ann Smith – finally revealed after being kept secret for 75 years or so]. But it could have been any chometz. It may have been in a drawer that wasn’t checked properly. For others it was under a sofa cushion that had something underneath.  For a third family it was a compartment in a toy that went unnoticed before. Regardless, each year there are numerous stories where Chometz is found over Pesach.  And the incidences happen both on Yom Tov and on Chol HaMoed. WHAT TO DO The Shulchan Aruch (OC 446:1), of course, tells us what to do.  If it is found on Yom Tov – it must be covered with a vessel so that the Chometz not be seen.  It cannot be moved, of course, because of the issue of Muktzah.  At night, after Yom Tov, it must be burned. This is based upon the Gemorah (Psachim 7a), that tells us that if one finds Chometz on Yom Tov one must cover it with a vessel, and when Yom Tov is over one should burn it. WHY COVER IT? The reason for this is that there would be no biblical Mitzvah to burn it over Yom Tov, and the burning would constitute a burning shelo l’tzorech for no Yom Tov need. Why is this so?  Because, presumably, he had already recited the formula for the Bitul, the negation of ownership of all Chometz big and small, hidden or revealed that he may own.  Since he had already recited this Bitul formula, the Mitzvah of burning the Chometz does not set aside the laws of Yom Tov.  [The Mishna Brurah rules according to the opinion of the Ran that burning it on Yom Tov would be biblically prohibited.] WHEN ONE DID NOT SAY THE BITUL There are two differing opinions, however, in a case where the person did not recite the Bitul formula. The Vilna Gaon rules that the halacha of the Shulchan Aruch applies across the board, and one may not destroy it or move it on Yom Tov. Other Poskim (Rashi, Rashba, SmaG, Ohr Zaruah), however, hold that when the Bitul was not recited, one may flush it down the toilet, throw it in a river, or scatter it in the wind. So which view do we follow?  The Mishna Brurah states that the custom is like the first view, however, in a community where the custom is to flush it down the toilet through a gentile then one should not negate a custom in Israel. BUT DOESN’T THE GOY OWN IT NOW? The Shulchan Aruch ruled that, aside from issues of Yom Tov, if found  – the Chometz should be burned even if one did recite the Bitul.  However, things may have changed since then – […]
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