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Pesachim 4b

דכולי עלמא מיהא חמץ משש שעות ולמעלה אסור – Everyone agrees that chametz is prohibited from six hours and beyond.

The discussion of our gemora regards the obligation to destroy chametz (תשביתו) before the onset of Pesach. This obligation of תשביתו does not necessarily correlate to the prohibition of bal yiraeh.

Rishonim discuss when the prohibition of bal yiraeh begins. The Raavad (Chametz Umatza 3:8) says that this prohibition begins only when Pesach begins. The majority of Achronim (Magid Mishna) understand that the Rambam concurs with this. Others (Nodah B’Yehuda kama 20) however say that the prohibition of bal yeraeh begins at the sixth hour of Erev Pesach, similar to the obligation of תשביתו.

Pesachim 5a

Our gemora deals with the prohibition of having chametz in one’s possession during Pesach. This prohibition is referred to as bal yiraeh bal yimatzeh, lit. you shall not see and you shall not find, or bal yiraeh for short.

Chametz does not have to be completely yours in order to be included in this prohibition, various forms of legal liability are also included. Our gemora begins its discussion by noting that one can transgress bal yiraeh when there is chametz in ones home that is owned by a non-Jew if you have accepted liability for it.

Poskim discuss if one is allowed to insure chametz. Rabbi Shlomo Zalman Auerbach (Halichos Shelmo 6:1) is of the opinion that a Jew can insure the chametz of a non-Jew because even though he is obligated to pay in case of a loss, he does not have any other obligation to watch or guard the item. Additionally in general the insurance is not on the chametz directly rather the insurance is provided for all items in a home, which may include chametz. If the items are removed from the premises, they are no longer covered.

Pesachim 5b

דאמר להו רבא לבני מחוזא בעירו חמירא דבני חילא מבתייכו – Rava says remove the chametz of the soldiers from your homes.

This gemora, as well as others (see above 4a דחמירא דידיה הוא), uses the term chamira to refer to all types of chametz. The Targum however (see for example Unkelos to Shemos 13:7) translates chametz as חמיעא, and leaven (שאור) as חמירה. The text that is generally said for bittul chametz includes both terms. כל חמירה וחמיעה Interestingly the text of the Yerushalmi is כל חמץ, any chametz in my possesion, which avoids this issue.) 

This week's and last week's shiur.

Pesachim 5 - April 27, 2014 (31:47)

Pesachim 4 - April 20, 2014 (Chol Hamoed Pesach)

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