05 – Bitul and Bi’ur Ḥametz

01. Bitul Ḥametz in the Evening and Morning

As we learned (above, 3:4), one fulfills the mitzva of bi’ur ḥametz (disposing of ḥametz) in two ways, in action and in thought. The process of bi’ur ḥametz involves four stages. The first two, bedika and the first bitul, are performed on the evening of the 14th of Nisan. The second two stages, bi’ur and the second bitul, take place the following morning. Having discussed the laws relating to bedikat ḥametz in the previous chapter, we shall now address bitul ḥametz.

After bedikat ḥametz, we immediately rid ourselves of the ḥametz by nullifying it mentally. To make this process easier, a formal declaration of nullification – bitul ḥametz – was composed. This declaration is in Aramaic because it was composed at a time when most Jews understood only Aramaic. It reads (according to the Ashkenazic rite):

Kol ḥamira ve-ḥami’a de-ika bi-rshuti, de-lo ḥazitei u-delo bi’artei, li-vtil u-lehavi hefker ke-afra de-ar’a.

This declaration can also be said in Hebrew:

Kol ḥametz u-se’or she-yesh bi-rshuti, she-lo re’itiv ve-shelo bi’artiv, yivatel ve-yehei hefker ke-afar ha-aretz.

In English:

All ḥametz and leaven in my possession that I have not seen and have not eliminated shall be nullified and become ownerless, like the dust of the earth.

The Sephardic version mentions only ḥametz, which includes leaven, and only nullification, which includes renunciation of ownership (see Ḥazon Ovadia, p. 32).

Following the actual bi’ur ḥametz on the morning of the 14th (see section 3 below), we perform a second bitul ḥametz. Even though we already annulled the ḥametz at night, after the bedika, that bitul applied only to ḥametz we did not find in our search, and of which we remain unaware. It cannot, however, apply to the ḥametz we still intend to eat, since such ḥametz is important to us. We likewise cannot nullify the ḥametz we found in our search, because we intend to dispose of this by burning. Moreover, applying our evening bitul ḥametz to the ḥametz we still plan to eat would reveal the insincerity of our bitul and render it ineffective.

Therefore, in the evening we nullify only the ḥametz we did not find in our search, not the ḥametz we set aside for the remaining ḥametz meals and to be burned. But since we might misplace or overlook some of this remaining ḥametz, so that we do not violate bal yera’eh and bal yimatzei, we nullify the ḥametz a second time. One must make sure to nullify the ḥametz by the end of the fifth seasonal hour of the day, for with the onset of the sixth seasonal hour it is forbidden to derive any benefit from ḥametz, and it can no longer be nullified (SA 434:2).

The wording of the morning nullification is slightly different from that of the evening. In the evening we nullify only the ḥametz that was not found during the search, while in the morning we nullify the ḥametz in its entirety. It reads:

Kol ḥamira ve-ḥami’a de-ika bi-rshuti, de-ḥazitei u-delo ḥazitei, de-bi’artei u-delo bi’artei, li-vtil u-lehavi hefker ke-afra de-ar’a.

This declaration can also be said in Hebrew:

Kol ḥametz u-se’or she-yesh bi-rshuti, she-re’itiv ve-shelo re’itiv, she-bi’artiv ve-shelo bi’artiv, yivatel ve-yehei hefker ke-afar ha-aretz.

Or in English:

All ḥametz and leaven in my possession that I have seen and that I have not seen, that I have destroyed and that I have not destroyed, shall be nullified and become ownerless, like the dust of the earth.

02. The Meaning of Bitul Ḥametz

The bitul ḥametz text is in Aramaic because it was composed when this was the vernacular. Yet one is free to recite it in Hebrew or any other language, as long as he understands what it means. If one utters the declaration in Aramaic without understanding its general significance as an act of bitul, thinking instead that it is an Erev Pesaḥ prayer, he has not nullified his ḥametz (MB 434:9).

The Rishonim explain the significance of the bitul (nullification) in two ways. Rashi and Ramban explain that human beings have the power to nullify ḥametz. This capacity is unique to the context of ḥametz, since according to the Torah ḥametz is entirely insignificant during Pesaḥ. It is forbidden to derive benefit from it, and consequently it is like the dust of the earth. In one respect alone does ḥametz retain significance during Pesaḥ: if it remains in one’s home, he transgresses the law of bal yera’eh and bal yimatzei, but if the owner nullifies his ḥametz before it becomes forbidden, his intention is in accord with the Torah’s intention, so even if ḥametz remains in his possession during Pesaḥ, he will not have violated bal yera’eh and bal yimatzei.

Tosafot explain that the bitul is effective because it renders the ḥametz ownerless (hefker), and the Sages teach that bal yera’eh and bal yimatzei apply only to ḥametz one owns, not to ownerless ḥametz.

Thus, according to the first explanation, the nullification focuses on the ḥametz itself, while according to the second explanation, the nullification is directed at the owner, who relinquishes his ownership over the ḥametz. The Ashkenazic version of the declaration takes both explanations into account, and therefore mentions both nullification and renunciation of ownership. The Sephardic version mentions only nullification, which includes renunciation, for if something is nullified it consequently becomes ownerless.

03. Laws Regarding Bitul Ḥametz

Most Rishonim agree that, in principle, it is not necessary to recite the bitul ḥametz aloud. It is possible to nullify the ḥametz “in one’s heart,” i.e., to mentally regard his ḥametz as null and consider it as the dust of the earth. Preferably, however, one should express the bitul verbally, because this makes it clear and explicit. Moreover, some Rishonim maintain that the bitul must indeed be pronounced aloud. All poskim agree that it is not necessary to pronounce the bitul in the presence of others. Nonetheless, some people are meticulous about reciting the bitul in the presence of their family, to remind them of the mitzva.^[1]

The bitul must be sincere. One must agree in his mind that the ḥametz is null and void forever, and that he will not use it even after Pesaḥ. If one intends to use the ḥametz after Pesaḥ, the bitul is not effective, and he violates bal yera’eh and bal yimatzei. Even if he renounces ownership of his ḥametz and places it in a completely open domain, he must not intend to reclaim it after Pesaḥ, for if he does, his renunciation is not wholehearted (MB 445:18).^[2]

As mentioned above (3:4), according to the Torah, one can dispose of his ḥametz by merely nullifying it, and even if one were to keep ḥametz of great value in his possession, he may nullify it and would not transgress bal yera’eh and bal yimatzei as long as he makes a firm mental commitment that the bitul is absolute and that he will never again derive benefit from the ḥametz. However, the Sages were concerned that the bitul might not be wholehearted, so they ordained that we physically eliminate the ḥametz from the home. Be-di’avad, however, if one forgets to eliminate his ḥametz, and when Erev Pesaḥ arrives he is far from his home, he may rely on the bitul alone – but as soon as he returns home he must destroy the ḥametz. Even if he returns after Pesaḥ, he must remove the ḥametz, for if he fails to remove it, he proves that his bitul was not wholehearted (SA 448:5; MB ad loc. 25).

In principle, it is possible to nullify ḥametz through a shali’aḥs. However, preferably the owner of the ḥametz should perform the bitul himself, as some authorities maintain that only the owner of the ḥametz has the power to nullify his ḥametz (SA 434:4; MB ad loc. 15).

04. The Custom of Bi’ur Ḥametz by Burning

As we have learned, in addition to bitul ḥametz, the Sages ordained the active elimination of all ḥametz remaining after breakfast on the morning of the 14th, and any ḥametz that was found during bedikat ḥametz (including the ten pieces of bread that were hidden before the search). Technically one may eliminate the ḥametz in any number of ways, for example: by crumbling it and scattering it into the wind, the sea, or a river (SA 445:1); by pouring bleach or some other substance on it, thus rendering it unfit to be eaten by a dog before the prohibition of ḥametz takes effect, for then it is not considered ḥametz food, so it need not be eliminated (SA 442:9); by placing it, before the prohibition takes effect, in an ownerless public domain; or by flushing it down the toilet, whereby it no longer remains in the house (MB 445:18).

Nonetheless, the holy people of Israel customarily enhance the mitzva of eliminating the ḥametz via burning it. Nothing eliminates ḥametz better than fire. Furthermore, there are poskim who maintain that the mitzva to dispose of ḥametz must be fulfilled by burning.

Those who wish to enhance this mitzva further must make sure to nullify the ḥametz after burning it, since if they nullify it beforehand, the ḥametz will no longer be considered theirs, and they will lose the enhancement of bi’ur by burning. One must therefore be careful to leave enough time after burning the ḥametz to nullify it, for after the fifth hour of the day it is no longer possible to nullify ḥametz (as we learned above 3:6). Hence, as soon as a kezayit of ḥametz has been burned, the enhancement of bi’ur ḥametz by burning has been achieved, and the bitul can be recited.

Some people, when using kerosene to light the fire, are careful not to pour it directly on the ḥametz. They do this so that the fire alone destroys the ḥametz, and the kerosene does not render it unfit for consumption by a dog before it is burned.^[3]

05. Ḥametz in the Garbage

On the morning of the 14th of Nisan the question arises: Must ḥametz that has been placed in the garbage also be destroyed?

If the garbage bin belongs to a Jew or is located on his property, the owner should, le-khatḥila, pour bleach or some other foul substance on the ḥametz to render it unfit for consumption by a dog. When necessary, since ḥametz that has been thrown into the garbage is considered disgusting, there is no need to further befoul it, as it is already deemed eradicated given its disgusting state.

If the garbage container is the property of the local authority and is located in the public domain, one need not destroy the ḥametz he placed in it before the ḥametz becomes prohibited. The local authority is not obligated to destroy it because it was not interested in acquiring the ḥametz to begin with. Its only aim was to remove it to a garbage dump.^[4]

06. Ḥametz Found after the Onset of the Prohibition

If one finds ḥametz in his possession after midday on the 14th, he must eliminate it immediately. If he forgot to nullify the ḥametz in his possession, he is obligated by Torah law to eliminate it. Le-khatḥila the mitzva is to burn the ḥametz, but if he wants, he may eliminate it in other ways. For example, he may crumble it up and scatter it into the wind, or he may break it up and flush it down the toilet. However, if he throws it into an ownerless public domain, he has accomplished nothing. Although before the sixth hour one may still renounce ownership of his ḥametz and thus exempt himself from the obligation to eradicate it, once the sixth hour began, it became forbidden to derive benefit from the ḥametz in his possession, and it is no longer possible to get rid of the ḥametz and avoid the prohibitions it entails without destroying it completely.

Similarly, once the prohibition has taken effect, it is no longer possible to get rid of ḥametz simply by pouring a foul substance like bleach on it to make it unfit to be eaten by a dog. Only before the ḥametz becomes prohibited is it possible to do so. If the ḥametz was fit for consumption when the prohibition took effect, one is obligated to eradicate it completely. Therefore, if one finds such ḥametz in his possession, he must burn it, scatter it in the wind, or crumble it into pieces and flush it down the toilet, in order to eliminate it. As stated, the best way to fulfill this mitzva is by burning the ḥametz. Moreover, even after the ḥametz has been burned, it is forbidden to derive benefit from its ashes.^[5]

If one finds ḥametz on the first or last day(s) of Pesaḥ or on Shabbat of Ḥol Ha-mo’ed, he may not burn it or even carry it to the bathroom to flush it down the toilet, as ḥametz is muktzeh and may not be handled. Rather, one must cover it with a container so that nobody accidentally eats it, and it must be burned as soon as possible after the Shabbat or holiday. If the same person forgot to nullify his ḥametz before Pesaḥ, he violates two Torah prohibitions – bal yera’eh and bal yimatzei – every moment the ḥametz remains in his possession. In order for one to spare himself from these transgressions, according to many poskim he may pick up the ḥametz, break it up somewhat, and throw it into the toilet; these poskim permit violating the laws of muktzeh, which are of rabbinic origin, in order to avoid Torah prohibitions. Nonetheless, some poskim take the stringent position that he should wait until Shabbat is over before eliminating the ḥametz (MB 446:6).

Regarding the berakha, if one finds ḥametz during Pesaḥ, even though it is a mitzva to dispose of it, he does not recite a berakha before the bi’ur, because the blessing he said before bedikat ḥametz included all ḥametz in his possession that required removal. However, if one kneads dough during Pesaḥ and it becomes ḥametz, or if one accidentally bought ḥametz on Pesaḥ, he must say the berakha over its disposal since this ḥametz was not in his possession before Pesaḥ, at the time of its bedika and bi’ur, and thus the berakha he said then did not apply to it (see MB 435:5).