|
The Israel Koschitzky Virtual Beit
Midrash
Halakha: A Weekly Shiur In Halakhic Topics Yeshivat Har
Etzion
EREV PESACH THAT FALLS OUT ON SHABBAT
PART 2: THE FIRST TWO SHABBAT MEALS
By Rav Yosef Zvi Rimon
On Shabbat, we are required to eat lechem
mishne (two loaves of bread) at each meal. Theoretically, when Erev
Pesach falls out on Shabbat, we can fulfill this requirement
in two different ways: with regular chametz bread, or with
matza.
We shall first examine the halakhic problems associated
with each option, and afterwards suggest ways to overcome these problems.
EATING MATZA
The Yerushalmi (Pesachim 10:1)
writes that one is forbidden to eat matza on Erev Pesach:
One who eats matza on Erev Pesach is likened to
one who has relations with his fiancee in his father-in-law's house [i.e., he
cannot restrain his desire for matza until the evening]. And one who has
relations with his fiancee in his father-in-law's house is liable for
flogging.
This Yerushalmi is codified by the Rishonim,[1]
and brought down as the halakha by the Rambam (Hilkhot Chametz
u-Matza 2:12) and the Shulchan Arukh (471). The Rishonim
explain the prohibition in various ways. The Meiri
(Pesachim 13a) writes that the Sages prohibited the eating of
matza on Erev Pesach in order to ensure that a person will eat the
obligatory matza later that night with an appetite. The Rambam
(ibid.) writes that the prohibition was intended to make the eating
of matza at night more distinctive. The Roke'ach explains
that matza is likened to the paschal offering, which could only be eaten
at night.
The Rishonim disagree when precisely one is forbidden to
eat matza: According to the Orchot Chayyim (Chametz
u-Matza 114, citing an anonymous source; and so also is it implied by the
Ramban, Milkhamot Ha-Shem, Pesachim, end of chap. 3),
eating matza is forbidden already on the night of Erev Pesach, the
fourteenth of Nisan. Most of the Rishonim (Rif, Rambam,
Ramban [elsewhere], and others), however, understand that the prohibition
does not begin at night, but only on the morning of Erev Pesach.
An interesting proof supporting the majority position is
brought in the name of Rav Chayyim Brisker (cited in the
book Eish Tamid)[2]: The Mishna states that "on all other nights we eat
chametz and matza," implying that on no night of the year is the
eating of matza forbidden.
What time in the morning does the prohibition begin? According
to the Ramban (Pesachim 50a), the prohibition begins at
alot ha-shachar (the morning dawn). The Ba'al ha-Ma'or, on
the other hand, maintains that the prohibition only begins at the
time that chametz is forbidden (a similar position is found in the
Rosh, chap. 3, sec. 7). The Rema (471:2) rules that the
prohibition begins at dawn. The Mishna Berura (471, no. 12)
accepts this ruling, and adds that there are those who are accustomed to refrain
from eating matza already from Rosh Chodesh Nisan. In light of
this prohibition, it is clearly problematic to eat matza at the
Shabbat meal[3] when Erev Pesach falls out on
Shabbat.[4]
EATING CHAMETZ
Eating chametz on this Shabbat raises
several problems, some halakhic in nature, others purely practical:
- If a person fails to finish all of his chametz, he must find a way
to dispose of what is left over. Similarly, utmost care is required to ensure
that no crumbs are left anywhere in the house.
- If a person cooked food for Shabbat in a chametz utensil, he
must find a way to warm it up without rendering the stove or hotplate
chametz.
- Rinsing the chametz pots on Shabbat is forbidden, for they
are no longer needed for Shabbat (see Mishna Berura 444:11).
- The dishes cannot be washed, for the sink has already been made kosher
for Pesach.
- A particular problem arises regarding se'uda shelishit, the third
meal eaten on Shabbat, for many authorities maintain that one
cannot fulfill this requirement before mincha time, by which point the
prohibition against the consumption of chametz has already
begun.
In light of the various problems mentioned above, it is
preferable that when Erev Pesach falls out on Shabbat, one not
prepare food in or eat on chametz utensils (Maharil – Mishna
Berura 444, no. 12). It is best to use disposable utensils, especially
disposable cooking tins (we shall mention this again below in the context of the
solutions). If someone insists on eating on chametz utensils, he may do
as follows:
Warming the food: One should try to heat up the food on a
stovetop or hotplate that will not be used for Pesach. If this is
impossible, the hotplate should be covered with thick aluminum foil (or several
layers of regular foil), and care should be taken that no liquids spill onto the
hotplate itself.
Washing the pots and the dishes: There is no
permissible way to wash dishes that will no longer be needed on Shabbat.
However, the level of cleaning that is necessary to avoid violating the
prohibition against chametz is permitted (Mishna Berura 444, no.
14). Hence, the dishes may be wiped with a paper towel, and whatever does not
come off may be removed with a small amount of water (Rema 444:3). The
utensils that are still needed for Shabbat itself may be washed. It goes
without saying that this may not be done in a sink that was made kosher
for Pesach, but only in a sink that will not be used to wash
Pesach utensils, e.g., the bathroom sink.
Chametz leftovers: We shall deal with this problem
below.
THE SOLUTIONS
As stated above, it is preferable not to eat a
chametz meal when Erev Pesach falls out on Shabbat. In
order to overcome the problem of lechem mishne, one may chose one of the
following two solutions:
SOLUTION #1: EGG MATZA
The first option calls for the destruction of all
chametz before Shabbat and using only Pesach dishes on
Shabbat. The requirement of "lechem mishne" may be fulfilled with
egg matza. (We shall use the term "egg matza" interchangeably with
the Hebrew expression, "matza ashira," which refers to
matza kneaded with wine, fruit juice, oil, honey or eggs.) To understand
this option, we must first examine the status of matza ashira.
The Gemara in Pesachim (35a-36a) deals with
matza kneaded with wine, oil, or honey. (The same law applies to matza
needed with other fruit juices [Rambam, Hilkhot Chametz u-Matza
5:2] or eggs [Rabbenu Tam in Tosafot, ad loc.; Rosh and
Ran, ad loc.; and others].) The Rishonim take two opposite
views as to whether or not fruit juice renders dough chametz. Rabbenu
Tam (Tosafot, Pesachim 35b), the Rosh (ad
loc.), the Rambam (Hilkhot Chametz u-Matza 5:2), and
others write that fruit juice without water does not render dough chametz
at all. Even if the dough rises, it may still be eaten. Rashi
(Pesachim 36a, s.v. ein lashin) and Ra'avad
(Hilkhot Chametz u-Matza 5:2), on the other hand, rule that fruit
juice does in fact render dough chametz, and therefore matza
kneaded with it is forbidden.[5]
The Shulchan Arukh (462:1) rules leniently that
fruit juice without water does not turn dough into chametz at all.
Fruit juice without water does not render dough chametz
at all. One is, therefore, permitted to eat matza kneaded with fruit
juice on Pesach, even if the dough sat [unbaked] all day
long.
The Rema (462:4) disagrees, ruling that matza
should not be kneaded with fruit juice:
In these countries, we are not accustomed to knead
[matza] with fruit juice…. One should not deviate [from common practice],
unless there is a dire need, for the sake of a sick or elderly person who needs
it.
Ideally (lekhatchila), we take into account the position
of those posekim who maintain that fruit juice alone renders dough
chametz, and even hastens the process. And we are also concerned that
perhaps a small amount of water may have become mixed into the fruit juice, and
all agree that [such a mixture] turns dough into
chametz.[6]
The Bet Yosef (462) brings in the name of the
Kolbo another reason for the prohibition of egg matza, even
though he himself does not accept the stringency:
The Kolbo (no. 48, p. 10c) writes that it is
customary not to prepare matza ashira at all on the first two days [of
Pesach], so that one not confuse it [with regular matza], and eat
of it for the obligatory portion of matza [eaten at the
seder].
The Levush (ad loc.) also cites this
reason that one may not eat egg matza, so as not to come by mistake to eat of it
for the obligatory portion of matza.
In any event, it is clearly permissible to eat egg matza
on the fourteenth of Nisan before the end of the fourth hour, for at that
time, even full-fledged chametz may be eaten.[7] Whether or not
one is permitted to eat egg matza even after the fourth hour seems to
depend on the aforementioned reasons: If the prohibition to eat egg matza
on Pesach stems from the concern that a person will come to eat of it for
the obligatory portion of matza, there is no room to forbid the eating of
egg matza before Pesach, even on the afternoon of the fourteenth
of Nisan. If, however, the concern is that such matza is regarded as
chametz – whether because of a concern that water may have become mixed
into the fruit juice, or because of a concern for Rashi's position –
there is room to forbid egg matza from the time of bi'ur
chametz.
The Noda Biyehuda (Responsa, mahadura
kama, Orach Chayyim, no. 21) writes that even if we are concerned
about the position of Rashi – the eating of egg matza should not be
forbidden before Pesach, for even according to him, egg matza is only
chametz nukshe (lit., "hardened chametz"), which does not carry
the penalty of excision (karet), and therefore there is no room for
stringency except on Pesach itself (thus also writes Responsa Avnei
Nezer, Orach Chayyim, II, no. 377). And indeed, the simple
reading of the Shulchan Arukh and the Rema implies
that egg matza may be eaten on the fourteenth of Nisan, even after the
time of bi'ur chametz. The Shulchan Arukh writes that it is
permissible to eat egg matza on the fourteenth of Nisan until the
beginning of the tenth hour.[8] The Rema implies that he too
agrees with this ruling:
And before the tenth hour, one is permitted to eat of matza
ashira.
Rema: But the matza with which one fulfills his
obligation at night, may not be eaten the entire day of the
fourteenth.
According to the Shulchan Arukh, one is certainly
permitted to eat egg matza on Erev Pesach, for he permits it even
on Pesach itself. Even according to the Rema, it would seem
that the prohibition is limited to Pesach itself, for only then is there
concern that a person will mistakenly eat of it for his obligatory portion of
matza, and only then is there room for concern about the position of
Rashi, as argued by the Noda Biyehuda.
The Shulchan Arukh (444:1) writes that se'uda
shelishit should be eaten after mincha time (because se'uda
shelishit cannot be eaten earlier), but before the tenth hour, for the
eating of pat (i.e., any bread-like food) is forbidden from the tenth
hour (so as to eat the matza at the seder with appetite). The
Rema notes that we are not accustomed to eat egg matza:
When the fourteenth [of Nisan] falls out on Shabbat… The
time [to eat] se'uda shelishit is after mincha. At that time one
may eat neither matza nor chametz, but [only] matza ashira.
The meal must be eaten before the tenth hour.
Rema: In these countries, where we are not accustomed
to eat matza ashira, (as is explained below 462:4 in the Rema) -
one should fulfill se'uda shelishit with fruits or meat and
fish.
If the Rema permits the eating of egg matza
until the tenth hour (as he implies in 461), why does he forbid eating it at
se'uda shelishit? The Arukh ha-Shulchan tries to reconcile
this contradiction (444:5):
It seems that [the Rema] does not mean that even on
Erev Pesach one should not eat matza ashira in accordance with the
custom, for there is no reason in that. Rather, he means that since we are
accustomed not to eat matza ashira on Pesach, we do not bake
matza ashira. And to bake it only for se'uda shelishit, people do
not exert themselves for such a small amount….
According to the Arukh ha-Shulchan, even the
Rema allows the eating of egg matza until the tenth hour,
for "there is no reason" for stringency. The Rema rules that one
should fulfill se'uda shelishit with fruits or meat for a purely
technical reason: As a rule, Ashkenazi Jews do not have matza ashira in
their houses, for they are accustomed not to eat it on Pesach. Thus, it
follows that if a person has egg matza in his house, he is permitted to
eat of it at se'uda shelishit, even according to the
Rema (this is also the position of Chok Ya'akov, 444,
1).
According to the Noda Biyehuda, the Rema
disagrees with the Shulchan Arukh and permits matza
ashira only until midday (an hour after the end of the time of bi'ur
chametz):[9]
In truth, I am very astonished by the Rema, for in any
event, nobody maintains that there is a biblical prohibition with respect to
chametz nukshe on Erev Pesach. Why then was he concerned in a matter
that is forbidden only by rabbinic decree for an opinion of a single authority,
i.e., Rashi, against the majority of early posekim? Were it not
for the fact that the leading halakhic authority, that is, the Rema,
already issued a prohibition even on Erev Pesach, I would allow matza
ashira all day long on Erev Pesach. In any case, I rule that until
midday, even the Rema agrees that matza ashira is permitted…
According to what I have written, it is understandable, for the time of
se'uda shelishit is after midday; therefore, the Rema ruled
stringently even about matza ashira… In my humble opinion, therefore,
the conclusion seems to be that until midday, it is certainly permissible to
eat matza ashira on Erev Pesach. Any authority who issues an
allowance for the entire day – has not lost anything if it is for some need,
even if not for the sake of a sick or elderly person.
The Shulchan Aruch ha-Rav writes that we are
accustomed not to eat matza ashira after the beginning of the fifth hour.
The Sha'ar ha-Tziyun (444, 1) also implies that matza ashira
should not be eaten even before the tenth hour (the fact that he does not
specify otherwise implies that the prohibition begins at the beginning of the
fifth hour). A similar ruling is found in Responsa Iggerot Moshe
(Orach Chayyim, I, 155), that it is our custom not to eat
matza ashira once the time has arrived that chametz may no longer
be eaten.
In practice, since many Acharonim forbid the eating of
matza ashira once the time has arrived that chametz may no longer
be eaten, it would seem to be preferable to use egg matza for lechem
mishne only for the first two Shabbat meals.
THE BERAKHA FOR MATZA ASHIRA
Matza ashira falls into the category of "pat ha-ba
be-kisnin" - bread made from dough kneaded with ingredients other than just
flour and water. The Shulchan Arukh (168:7) rules that the
ha-motzi berakha is recited over pat ha-ba be-kisnin, only
if one appoints a meal over it (kevi'at se'uda). There are various
different opinions regarding how much food constitutes an appointed meal. Some
write that it is food in the amount of three or four eggs (224 cc). Others rule
that it is food in the amount that people regularly eat at a meal (see Mishna
Berura 168, no. 24). The Magen Avraham (168, no. 13, cited in
the aforementioned Mishna Berura) maintains that even if a person eats of
pat ha-ba be-kisnin less than the amount required for an appointed meal,
but together with the rest of the food eaten at the meal, he eats enough for
kevi'at se'uda, he recites ha-motzi and birkat
ha-mazon.
In compliance with the ruling of the Shulchan Arukh,
it seems that a person should eat enough egg matza for kevi'at
se'uda (according to the Magen Avraham, it suffices if the egg
matza together with the rest of the food eaten at the meal satisfy that
amount). The Maharach Or Zaru'a, however, writes as
follows (Responsa Maharach Or Zaru'a, no. 71):
Shabbat fixes a meal, for [on Shabbat] even
incidental eating is considered a fixed meal with respect to tithes. It seems
then that the same applies to pat ha-ba be-kisnin… any amount eaten on
Shabbat is considered a fixed meal, as with respect to
tithes.
In other words, even if a person eats produce on Shabbat
in a merely incidental manner, he must set aside terumot and
ma'asrot, for Shabbat gives his eating importance and turns it
into a fixed meal which obligates the setting aside of terumot and
ma'asrot. Similarly, writes the Maharach Or Zaru'a, if a
person eats pat ha-ba be-kisnin on Shabbat, he must recite
ha-motzi and birkat ha-mazon, because Shabbat gives the
eating special importance and establishes it as an appointed meal.
The Sha'arei Teshuva (168, 9) cites
Responsa Ginat Veradim (kelal 2, no. 11), which disagrees
with the Maharach Or Zaru'a:
There is no difference between Shabbat and the rest of
the week. The Birkei Yosef agrees with me, and he writes that this is the
common practice.
It would seem that when Erev Pesach falls out on
Shabbat, the berakha recited over the matza ashira should
depend on this dispute: "ha-motzi" according to the Maharach
Or Zaru'a, and "borei minei mezonot" according to the Ginat
Veradim. Rav Moshe Feinstein argues that in any event, one should
recite the ha-motzi blessing over the matza ashira eaten at one of
the obligatory Shabbat meals (Responsa Iggerot Moshe, Orach
Chayyim, I, no. 155):
Even though the Halakha is not in accordance with them
when there is no appointed meal, nevertheless when there is an appointed meal as
in the case of the obligatory Shabbat meals, one must certainly recite
ha-motzi and the three blessings, as it is explicitly stated that this is
the way one should act.
Yet another argument may be advanced: Many Acharonim
imply that the definition of bread depends on common custom (see the
formulation of the Bet Yosef in sec. 168, "the matter does not depend on
what is called 'bread'"; Ma'amar Mordekhai cited in the Bei'ur
Halakha, 168; and Arukh ha-Shulchan 168, 5). For this reason, some
Sefardim recite the ha-motzi blessing on matza only on
Pesach, for only then does it substitute for bread, but not during the
rest of the year.[10] According to this argument, it may very well be that when
Erev Pesach falls out on Shabbat, and it is the common practice to
eat matza ashira in place of bread – the ha-motzi blessing should
be recited (a similar argument was put forward by Rav Chayyim Palagi, in his
Responsa Lev Chayyim, II, no. 88).
As for the Halakha, it follows from Minhagei Maharil
(Hilkhot Shabbat ha-Gadol ve-Erev Pesach) that one should recite
the "bore minei mezonot" blessing on matza ashira even when
Erev Pesach falls out on Shabbat. This is also the opinion of
Rav Ovadia Yosef (Responsa Yechave Da'at, I, no. 91). On
the other hand, Responsa ha-Radbaz (I, no. 489) states explicitly
that one who eats matza ashira on this Shabbat recites the
ha-motzi blessing. This is also the ruling of Responsa Iggerot
Moshe (Orach Chayyim, I, 155), and thus it also follows from the
Mishna Berura (471, no. 21).[11] It should be added that together
with the other foods served at the meal, we generally eat in the amount of an
appointed meal. Thus there is an additional reason for reciting the ha-motzi
blessing, and this seems to be correct way to act.
In practice, when Erev Pesach falls out on
Shabbat, there are those who are accustomed to eat matza ashira in
place of bread for lechem mishne during the first two meals. This is
suggested by the Iggerot Moshe (Orach Chayyim, I, 155), and
thus it is explicit already in the Maggid Mishne (Hilkhot
Chametz u-Matza 3:3):
There are those who practice a stringency not to leave over
[any chametz], but rather to eat matza ashira….
The Iggerot Moshe explains that even the
Bet Yosef implies that this is the preferred solution, so as not
to come to any mishaps by leaving over chametz on Shabbat, but it
is impossible to require people to exert themselves and bake matza
ashira:
It is therefore recommended for those who do not wish to leave
over chametz on Shabbat, because they are concerned about the
mishaps that may result, that they fulfill the mitzva of the [first] two
meals with matza ashira. Since a person appoints Shabbat meals
over them, he must recite the ha-motzi blessing and birkat ha-mazon.
As it is explicit in the Bet Yosef (Orach Chayyim 444) that it
is proper to do so. For he writes: "And one should not ask: Let him destroy all
[his chametz] before Shabbat, and not leave over any
[chametz], and on Shabbat he can eat matza ashira! Since
not everyone is capable of preparing matza ashira for all three meals,
the Rabbis did not require them to do so." We see that it would have been right
to enact or to impose by custom to destroy all [the chametz] before
Shabbat so as not to come to a mishap if any chametz should
remain, and to fulfill the mitzva of [the Shabbat] meals with
matza ashira, only the Rabbis did not require us to do so. Therefore,
those who wish and are able to bake matza ashira for the two meals, that
is preferable. Even though the Shabbat meal requires bread over which we
recite ha-motzi and birkat ha-mazon, since he eats it for the
Shabbat meals which require bread, there is no appointment greater than
that.
Rav Feinstein's suggestion to use matza ashira
when Erev Pesach falls out on Shabbat has been accepted in
many communities. One should make sure that the matza was kneaded without
any water at all, or alternatively, that it was baked with all the stringencies
of regular matza. One must, therefore, pay careful attention and purchase
matza ashira with a very reliable hekhsher (in light of the above,
it is preferable to buy matza ashira that was baked with all the
stringencies of regular matza, and without letting it rise (see Sha'ar
ha-Tziyun 462, no. 25, regarding Pesach itself)!
It should be noted that ideally (lekhatchila) the
matza ashira should not come into contact with the Pesach dishes
(Rav Shlomo Zalman Auerbach, cited in Erev Pesach she-Chal be-Shabbat,
chap. 8, note 4). There is no question, however, that after the fact
(bedi'eved) the dishes do not become forbidden for use on Pesach,
even for those who wish to adopt stringency, for the matza ashira was
cold when it came into contact with the dishes.
To summarize Solution #1: For lechem mishne we use
matza ashira and recite the ha-motzi blessing. (One should be
careful to buy matza ashira with a reliable hekhsher.) It
is important to finish eating the matza ashira by the time that eating
chametz is no longer permitted. Ideally, the matza ashira should
not come into contact with Pesach utensils. One who conducts himself in
this manner, may nullify his chametz already on Friday.[12]
As for the utensils, the Shabbat meal may be eaten off
of Pesach dishes. Practically speaking, it would seem to be more
convenient to use disposable baking tins, and the like, as explained above.
SOLUTION #2: REGULAR BREAD
Some authorities preferred not to make use of the solution of
eating matza ashira. They argued that the commonly accepted practice is
not to eat matza ashira on the fourteenth of Nisan (see Kovetz mi-Beit
Levi, no. 5), or that the blessing recited over matza ashira is not
ha-motzi (Responsa Yechave Da'at, I, no. 91, note 12). According
to these authorities, one should follow the simple reading of the Shulchan
Arukh (444) that we leave over enough chametz for the two
Shabbat meals, or in other words, we use bread for lechem mishne.
Even if one follows this practice, it is recommended to cook all the other
food in Pesach utensils. The practice of eating bread while using
Pesach pots is mentioned by many posekim (Minhagei Maharil,
Hilkhot Shabbat ha-Gadol; Magen Avraham 444, no. 4; Peri Megadim
ad loc.; Responsa Orach Mishpat, Orach Chayyim no. 128, letter
58; Lu'ach Eretz Yisrael; see also Mishna Berura 444, no. 14). But
as we wrote above, practically speaking, it is more convenient to use disposable
baking tins.
It is important to make sure that the bread does not come into
contact with the Pesach dishes on the table. One should therefore adopt
one of the following alternatives:
- Bread may be eaten at the beginning of the meal (ideally, bread in the
size of an egg – on account of the Shabbat meal (Shulchan Arukh
291:1), but after the fact the size of an olive suffices (Mishna Berura
639, no. 23). The table should then be cleared, with all crumbs being
removed. Only then should the Pesach dishes be brought to the table. In
this way, one can eat off of Pesach dishes.[13]
If one wishes to follow this practice, it is preferable that
he cover the table with a disposable tablecloth, eat the bread, roll up the
tablecloth, thoroughly clean himself of all crumbs, and only then bring the
Pesach dishes and the food to the table. For birkat ha-mazon, it
is preferable that there be bread on the table. For this, one may bring to the
table a small piece of bread in a plastic bag, or else part of a piece of
matza. (It is preferable not to bring a whole piece of matza to
the table, for lekhatchila we do not bring a whole loaf of bread to the
table for birkat ha-mazon.)[14]
- One may eat off of disposable dishes, and in that way, eat chametz
throughout the meal. In the morning it is recommended to eat chametz
only at the beginning of the meal, so that the rest of the meal contribute
to the cleaning of one's teeth (for those who do not use a toothbrush on
Shabbat).
- One may eat off of chametz dishes. This option is the least
preferred, but someone who wishes to make use of it is permitted to do so.
Even in this case, it is preferable to heat the food in Pesach pots,
for the pots may not be washed on Shabbat. Food should not be dished
out directly from the Pesach pots to the chametz plates, but
rather by way of another Pesach utensil between them.[15] As for
washing the dishes, see above. One should make sure to cover the table on
Friday in such a way that the tablecloth can be removed on Shabbat.
(That is, he should not place the candlesticks on the table, or else he
should put them on a tray on which there is some other article that is needed
for Shabbat).
Leftover Chametz: If a person is left with
chametz after his Shabbat morning meal, he must crumble it and
throw it into the toilet (Mishna Berura 444, no. 21), or else douse it
with bleach or some other agent that makes it inedible, or alternatively, give
it to an animal which he is responsible to feed.[16] One should remember to
rinse his mouth after eating chametz and also to shake out his clothing
(or change them). After the meal, one should sweep the floor and also clean the
broom. It is preferable to put the broom away with the chametz dishes,
and use a different broom over Pesach.
It is recommended that small challot be bought for
this Shabbat, so that they can be finished during the meal. It is also
recommended that one buy bread that leaves a minimum of crumbs, e.g.,
pitas.[17]
To summarize Solution #2: For lechem mishne, we eat
bread (following the plain sense of the Shulchan Arukh). Even in such a
case, it is preferable to cook in Pesach pots (or in disposable baking
pans), and not in chametz pots.
One may eat off of disposable dishes and thus eat chametz
throughout the meal (today, when attractive disposable dishes are readily
available, it is recommended to use this option, for in any event, the dishes
cannot be washed on Shabbat for the seder}.
Alternatively, one may eat off of Pesach dishes. In such
a case, the bread should be eaten at the beginning of the meal. For birkat
ha-mazon, one should place on the table a small piece of bread in a plastic
bag, or else part of a piece of matza. (In such a case, it is preferable
to eat the bread on a disposable tablecloth, throw out the tablecloth, shake out
one's clothing, and afterwards continue with the meal. Alternatively, one may
eat the bread in one room, and continue the meal in another room, and recite
birkat ha-mazon in the first room, or else in the second room if he eats
there a small amount of bread.)
A SOLDIER OR AN ORDINARY PERSON WHO DOES NOT HAVE BREAD OR
MATZA ASHIRA
On Friday night, he can certainly eat ordinary
matza, for according to the basic law, one is permitted to eat matza
at that time. For the morning meal, he should prepare in advance cooked
matza (the solution proposed by Rav Ovadia Yosef; see note 17). If he did
not cook matza before Shabbat, he should eat matza in the
amount of an egg, and rely on those who permit it. (For even those who forbid
matza on the morning of Erev Pesach maintain that the prohibition
is only by rabbinic decree, whereas eating bread at the Shabbat meal may
be required by Torah law.) In such a situation, it may be permissible to rely on
the Ravya and put the matza in a keli rishon, e.g., a pot
of soup that had been removed from the fire (see Shulchan Arukh
318:5).
FOOTNOTES:
[1] a) The Tosafot Rid (Pesachim 99b), however,
does not rule in accordance with this Yerushalmi.
b) We find an interesting interpretation of this Yerushalmi
in the writings of Mahari Weil (Responsa, no. 193): Just as one's
fiancee becomes permissible only after "sheva berakhot" (the seven
blessings recited at the marriage ceremony), so does matza become
permissible only after seven blessings - "ha-gefen," "mekadesh Yisrael
ve-hazemanim," "she-hecheyanu," "ha-adama" (over the
karpas), "al netilat yadayim," "ha-motzi," and "al
akhilat matza."
[2] It should be noted that the book Eish Tamid
attributes various novel ideas to Rav Chayyim, though in fact they should be
ascribed to his grandson, Rabbi Joseph B. Soloveitchik.
[3] There does not seem to be a problem with eating matza
at the Friday night meal. Rav Moshe Feinstein writes, however, that
lekhatchila one should avoid eating matza even on Friday night
(Responsa Iggerot Moshe, Orach Chayyim, no. 155).
[4] In a case of need, matza may be used as the second
loaf of lechem mishne (Responsa Pri ha-Sade, II, no. 88). The
matzot that a person was planning to use to fulfill the mitzva of
eating matza at the seder should not be used, for they are
muktze (Peri Megadim 444, Eishel Avraham, no. 1).
Obviously, one must take care to prevent the matza from coming into
contact with crumbs of chametz. In any event, because of the concern
about chametz, it is preferable to put that piece of matza away
with the chametz items at the end of the meal.
[5] It is possible that according to Rashi and Ra'avad, fruit
juice renders dough chametz at the level of chametz nukshe – see
Tosafot, Menachot 53b, s.v. ein. A review of the various
opinions may be found in the Tur and Bet Yosef, sec. 462. We shall
further clarify this position below when we discuss the view of the Noda
Biyehuda.
[6] The Mishna Berura explains that the Rema
permits matza ashira for a sick person in a case of dire need, only
if the dough was not given a chance to rise, but rather "he must bake them
immediately, for we must consider the position of Rashi" (Sha'ar Tziyun,
no. 25).
[7] Some authorities expressed their reservations about eating
matza ashira on the morning of the fourteenth of Nisan for another
reason. The Yerushalmi (Pesachim 2:4) records a Tannaitic
controversy whether or not a person fulfills the mitzva of eating
matza with matza ashira. According to this, since we rule that
beginning with the morning of the fourteenth, one is not permitted to eat
matza that may be used for the mitzva, the eating of matza
ashira should be forbidden. Nevertheless, the prevalent opinion among
the posekim is that there is no need for concern, and that matza
ashira may be eaten on Erev Pesach.
[8] A person is forbidden to eat any type of pat –
including matza ashira – after the end of the tenth hour, in order to
ensure that he will eat the obligatory matza later that night with an
appetite.
[9] As was noted earlier, the Noda Biyehuda himself
maintains that matza ashira may be eaten until the end of the tenth
hour.
[10] For this reason it stands to reason that today even
Sefardim should recite ha-motzi on sweet challa.
[11] The Mishna Berura discusses the law applying to a
person who was eating matza ashira before the tenth hour, and continues
his meal into the night of the seder. He argues that such a person should
recite the "al akhilat matza" blessing, but not ha-motzi, because
he is already in the middle of his meal. This implies that the person had
recited ha-motzi over the matza ashira that he had eaten on
Erev Pesach.
[12] If a person conducts himself in this manner and destroys
all of his chametz before Shabbat, he may nullify his
chametz already on Friday following the bi'ur, for he has no
intention of eating any more chametz. It may be a good practice to recite
the bittul formula once again on Shabbat.
[13] If a person has in mind when he recites the ha-motzi
blessing to eat chametz in one room and continue his meal in another
room, he may eat chametz in the size of an olive in the first room,
continue the meal in the second room, and then return to the first room and
there recite birkat ha-mazon. So too he may eat chametz in the
size of an olive in the first room, eat even a small amount of chametz in
the second room (Mishna Berura 184, no. 8, following the Magen
Avraham: according to the Kaf ha-Chayyim, no. 10, he must eat
at least the size of an olive), and then recite birkat ha-mazon in the
second room where he ate his meal.
(We are trying here to overcome the following problems: 1)
reciting birkat ha-mazon in the place where a person ate bread –
Shulchan Arukh, 184; 2) if a person eats bread, and then decides not to
eat any more bread, and he moves to a different room, the food that he now eats
may require a new blessing, for it is no longer subordinate to the bread –
Shulchan Arukh, 177:2. The suggestions made earlier in the note overcome
these problems. Responsa Cheshev ha-Efod, III, no. 10, maintains that one
may recite birkat ha-mazon in the second room, even if he did not
eat bread there.)
[14] The Shulchan Arukh (180:2) writes that one should
not bring a whole loaf because it looks as if he were bringing it for idolatrous
purposes. The Mishna Berura writes (no. 4), however, that if he does not
have bread on the table, he may bring even a whole loaf. Responsa ha-Radbaz
(I, no. 201) also writes that one is certainly not obligated to cut up a
loaf in order that he should have a partial loaf for birkat ha-mazon, but
rather in such a case he may bring a full loaf.
What is the minimal size of the piece of bread? Two reasons are
brought for leaving a piece of bread on the table for birkat
ha-mazon:
- Because the blessing must relate to some portion of the food.
- So that he may give it to a poor person should he appear at that time. The
Mishna Berura (Sha'ar ha-Tziyun, no. 3) writes that one should
leave a piece that is "fit for giving" to a poor person. It stands to reason,
however, that today when even should a poor person come, we would not give him
a scrap of bread, one may leave on the table even a smaller piece (Responsa
Az Nidbaru, XI, no. 46).
[15] For there must be no contact between a keli rishon
of Pesach and a chametz utensil; see Peri Chadash 444,
3; Reponsa Orach Mishpat, Orach Chayyim 128, 58; Kovetz mi-Beit
Levi 5. The Peri Megadim (444, Eshel Avraham, no. 4), however,
raises an objection to this solution, and the Eliyahu Rabba suggests
waiting until the food is no longer at a temperature that causes the hand to
withdraw (yad soledet bo) and only then transferring the food.
[16] a) If there is a large amount of chametz, one may
renounce ownership of it and throw it into the public domain (provided, of
course, that there is an eiruv). The Rishonim disagree whether or
not one may renounce ownership on Shabbat: The Ramban (beginning
of Pesachim) and others maintain that renouncing ownership is forbidden
on Shabbat, because of the similarity between renouncing ownership and
acquisition. The Meiri (Shabbat 127a) and others disagree and say
that renouncing property is permitted on Shabbat. This is also the
opinion of the Magen Avraham and Rabbi Akiva Eiger (Yore De'a
320, and Gilyon Maharsha, ad loc.). In our case, since we
permit giving the chametz as a gift to a non-Jew on Shabbat for
the purpose of bi'ur (Shulchan Arukh 444:1), it is clearly
permissible to renounce ownership of the chametz (see Sedei
Chemed, kelalim, ma'arekhet 5, letter 100).
If, however, a person throws his chametz into a garbage
bin, he may not yet have solved the problem, for the chametz is still
found on property belonging to Jews. There are those who are lenient because the
chametz becomes soiled in the garbage bin (see Responsa Minchat
Yitzchak, IV, no. 56, and others). It stands to reason, however, that even
if the garbage bin belongs to the municipality or the like, since the bin is
open to all, and whoever wishes may remove from it what he likes, whatever is
placed within it should be regarded as renounced property. This is the position
of Rav Elyashiv (as reported by Rav Zilberstein). He who wishes to be
stringent, especially in a place where there is concern that Jews might remove
the chametz from the bin, should douse the chametz with soap or
some other agent that makes it inedible, and then throw it into the garbage.
See below.
- The Chazon Ish (Orach Chayyim 118, 3; 116, 16) writes that
if one performs bi'ur chametz after the sixth hour – one should douse
it with soap or some other agent that makes it unfit even for animal
consumption (for chametz that is flushed down the toilet is still fit
for animal consumption). If, however, one performs the bi'ur before the
sixth hour (as one is supposed to do), it suffices to flush it down the
toilet, for in that way it becomes unfit for human consumption. Nevertheless,
it is a good idea to crumble the chametz before throwing it into the
toilet, so as not to cause an obstruction in the pipes.
[17] A third solution, one that we did mention in the text, is
to fulfill the obligation of lechem mishne with cooked matza. This
solution is brought in the Magen Avraham (444, no. 2) and in the
Shulchan Arukh ha-Rav (444:4), and even Rav Ovadia Yosef
(Responsa Yechave Da'at, I, no. 91; Responsa Yabi'a Omer, VI,
no. 39) recommends its use. He suggests that a person fulfill his obligation of
lechem mishne with a piece of cooked matza larger than an olive.
For this, one should take a piece of matza before Shabbat, put it
into a pot of boiling soup, remove the pot immediately from the fire, wait until
the soup cools down a little, and remove the matza whole. This solution
is certainly effective for the Friday night meal, for according to the basic
law, even regular matza is permitted (though the Iggerot Moshe
[Orach Chayyim, I, no. 155] writes that is preferable not to eat
matza even on the night of the fourteenth). Rav Ovadia suggests using
this solution also on Shabbat morning, and also at se'uda
shelishit. There are, however, those who write that we are not accustomed to
eat cooked matza on the fourteenth of Nisan (see Sha'ar ha-Tziyun
444, no. 1). The Mishna Berura (471, no. 20) implies that one is
permitted to eat cooked matza on the fourteenth of Nisan before the tenth
hour. The Maharsham (in Da'at Torah) writes that only if the
matza was cooked before the fourteenth of Nisan may it be eaten on
Erev Pesach, for if it is already cooked on the morning of the
fourteenth, the prohibition to eat matza on Erev Pesach has no
opportunity to apply to it.
We should also mention the solution proposed by Rav Betzalel
Zolti, chief rabbi of Jerusalem, to bake matza not for the sake of
the mitzva, and eat it at the Shabbat meals. (In a time of
great need, this practice is also permitted by Responsa Yechave Da'at,
III, no. 26, and by Responsa Az Nidbaru, XI, no. 37). The reasoning:
Since one cannot fulfill one's obligation on the night of the seder with
such matzot, there is no prohibition to eat them on Erev Pesach.
He bases his position on the Gemara in Pesachim 40a, which states that
one is permitted to eat the dough of non-Jews on Erev Pesach. That Gemara
may, however, be understood differently (see Meiri, Pesachim 99a,
and others). Rav Zolti's position seems to depend on the question whether the
prohibition of eating matza on Erev Pesach is because a person is
forbidden to eat matza with which he can fulfill his obligation at the
seder, or because he is forbidden to taste matza on Erev
Pesach, so that matza will be dear to him that night. Matza
that was baked not for the sake of the mitzva cannot be used to
fulfill a person's obligation, but it has the taste of matza. It is also
possible that matza that was guarded against leavening is regarded as
matza shemura, even if it was baked not for the sake of the mitzva
(see Responsa Minchat Yitzchak, VIII, no. 37, who forbids the
practice, and Teshuvot ve-Hanhagot, II, 211, 23, and Responsa Lehorot
Natan, IV, no. 40).
(Translated by David Strauss)
|