Halakhot of Erev Pesach which occurs on Shabbat
Rabbi J. David Bleich
From: “The Rabbi’s Letter,” Number 18, March 2001 |
INTRODUCTION
The vagaries of the lunar calendar are such that Erev Pesach coincides with Shabbat infrequently but with a peculiar pattern. There are intervals of as long as 20 years during which Erev Pesach does not occur on Shabbat, which are followed by the occurrence of Erev Pesach on Shabbat two or, more usually, three times within a relatively short span of time, followed by a rather long interval in which Erev Pesach fails to coincide with Shabbat. Thus, although Erev Pesach did not occur on Shabbat between 1954 and 1974, Erev Pesach again coincided with Shabbat in 1977, 1981 and 1994. Erev Pesach occurred on Shabbat in 2001, 2005 and will again in 2008.
The occurrence of Erev Pesach on Shabbat gives rise to various complications with regard to the eating of chametz (leaven) and its disposal, the proper method with regard to fulfilling the mitzvah of the Sabbath repasts, etc.
There are a number of booklets and compendia designed to deal specifically with the laws of Erev Pesach which occurs on Shabbat. Of greatest significance is Chok le-Yisra’el, authored by the late Rabbi Israel Veltz, formerly Rosh Bet Din of Budapest. A section devoted to this topic is included in the fourth edition of Rabbi Moshe Sternbuch’s commentary on the Passover Haggadah, Moadim u-Zemanim (Jerusalem 5734) and was also published as a separate pamphlet. Another useful work is the recently published Erev Pesach she-Hal be-Shabbat (B’nei Brak 5734) authored by Rabbi Zevi Cohen. English, Hebrew and Yiddish versions of a booklet on this topic by Rabbi Simcha Weissman utilize a question and answer format for the presentation of these laws and regulations.
Housewives, quite naturally, would prefer not to have chametz in their kitchens and dining rooms so close to the Yom Tov. The need for having available both chametz and Passover foods and utensils makes an already trying period even more difficult. In addition to making household chores more complex, simultaneous preparation of both chametz and Passover meals leads to concern over possible intermingling of utensils and food.
Shulchan Aruch, Orah Hayyim 444:4-6 states clearly that chametz may be eaten on Erev Pesach which occurs on Shabbat provided that it is consumed during the period in which chametz may yet be eaten, i.e. before four hours of the day have elapsed. The "hour" for this purpose is not 60 minutes but is one-twelfth of the daylight hours. In order to determine the precise time for the eating of chametz, the length of the day between sunrise and sunset or, according to some authorities, between the appearance of the "morning star" and the emergence of stars at night, must be ascertained. This period is divided by twelve to determine the length of a single hour and then multiplied by four in order to determine how long after sunrise chametz may be eaten. Chametz that remains after the meal is completed cannot be burned on Shabbat. Small amounts of chametz that are left over may be given as a gift to a non-Jew who may do with the chametz as he wishes (although it is forbidden specifically to instruct the non-Jew to remove the chametz from the premises), or may be covered with a pot or other utensil and nullified by means of the formula for bittul and burned upon the conclusion of the first two days of Yom Tov. Mishnah Berurah 444:21 also permits disposal of leftover chametz in the bathroom.
However, because of the difficulties attendant upon preparing for Passover under these circumstances, it has been suggested that when Erev Pesach occurs on Shabbat, either ordinary matzah or egg matzah be used for the Friday evening and Shabbat morning meals. This would eliminate the problem of the disposal of leftover chametz and would also preclude the possibility of inadvertent mixture of foods and utensils. Although these proposals would greatly facilitate matters, each of them presents halachic problems that merit detailed review.
I. MATZAH on EREV PESACH
The question of whether or not it is permissible to eat ordinary Passover matzah on this Shabbat is discussed by the late Rabbi Moshe Rosen in an article that appeared in the Nisan 5714 issue of Ha-Pardes and was subsequently reprinted in a somewhat different form in his collected responsa, Nezer ha-Kodesh, #52. Rabbi Rosen rules against the use of matzah. He asserts that scrupulous avoidance of chametz on the day preceding Passover is tantamount to adding an additional day to that festival and constitutes a violation of the injunction "You shall not add to the word which I command you" (Deut. 4:2). It would appear the opposite conclusion might be deducted from Rosh Hashanah 28b and Eruvin 96a which indicate that sitting in a sukkah following the conclusion of the festival does not constitute a violation of this prohibition, unless the individual has explicit intention (kavanah) of fulfilling the commandment of dwelling in the sukkah. Rabbi Rosen, however, argues that we may not conclude that lack of such intention with regard to eating matzah is sufficient to obviate the transgression of "Thou shalt not add. " It is forbidden to sit in the sukkah after the holiday, only if there is specific intent to fulfill a commandment, because there is nothing in the act itself that indicates it is being done for the purpose of a mitzvah. The eating of matzah at both Sabbath meals, coupled with scrupulous avoidance of chametz, argues Rabbi Rosen, is in itself an indication that one is observing that day as one of the days of Passover. Employing a similar rationale, an early authority, Mordekhai, rules that although one must eat in the sukkah on Shemini Atzeret, one may not sleep in the sukkah on that day. Mordekhai maintains that, although partaking of food in a booth-like structure is not out of the ordinary, it is unusual for a person to sleep in a sukkah other than on Sukkot. By sleeping in a sukkah, the individual "appears to be adding" to the biblical requirement.
An opposing point of view is expressed by Rabbi Moses Feinstein, Iggerot Mosheh, Orah Hayyim, 1, #155. Taking sharp issue with this conclusion, he points out that a Ba’al ha-Maor, in his commentaries to Pesahim 49a and Maggid Mishneh, Hilkhot Hamez u-Mazah 3:3, both rule that, in the situation in question, it is permissible to eat regular matzah before noon. Rabbi Feinstein concludes that the transgression " Thou shalt not add" is not applicable, unless there is specific intention of fulfilling the mitzvah of eating matzah.
Nevertheless, Rabbi Feinstein, in practice, rules against the eating of ordinary matzah on Erev Pesach, likening the person who does so "to one who cohabits with his betrothed in the home of his father in law." In order to assure that the matzah eaten on the eve of Passover be eaten with relish, the Sages enacted a prohibition against eating matzah on Erev Pesach. This pleasure would be considerable diminished had the taste of matzah been sampled earlier in the day. Some authorities, as earlier noted, are of the opinion that this prohibition is effective only from noon onward. Rabbi Feinstein, however, demonstrates that in terms of definitive halachah, the prohibition against eating matzah on Erev Pesach goes into effect at daybreak, rather than at noon. He also cites and affirms the view of Magen Avraham Orah Hayyim 471:6, who maintains that matzah is forbidden, not only on the day before Pesach, but the entire preceding evening as well. Hence, in the opinion of Rabbi Feinstein, ordinary matzah should be used neither for the Shabbat morning meal, nor for the meal on Friday evening. I
II. EGG MATZAH on EREV PESACH
Rabbi Feinstein does, however, permit the use of egg matzah on Friday evening and early in the day on the Sabbath morning. Citing Bet Yosef, Orah Hayyim 444, Rabbi Feinstein indicates that the use of egg matzah is the optimum method of avoiding all difficulties. Even though egg matzah is usually deemed to be in the category of cake rather than bread, when it is used for the Shabbat meals, one must wash, pronounce the blessing for bread, and recite the grace after meals. Egg matzah, declares Rabbi Feinstein, acquires the status of bread by virtue of being used in place of bread for the Sabbath meal. II
Rabbi Feinstein cautions that, when egg matzah is used for the morning meal, this repast must be completed early in the day before the time that chametz may be consumed has elapsed. He points out that such procedure is necessary because Rema, Orah Hayyim 462:4, records that use of egg matzah is to be restricted to the sick and the elderly who are incapable of chewing ordinary matzah. All others are not permitted to partake of egg matzah during Pesach or on Erev Pesach after the fourth hour (Rema, Orah Hayyim 444:1). The requirement that egg matzah be eaten early in the day necessitates that the Shabbat services be held at an early hour to allow sufficient time for the Sabbath meal to be completed before the time has passed when chametz is permitted to be eaten. Not cited by Rabbi Feinstein is the divergent opinion of Arukh ha-Shulhan 444:5, who offers a different interpretation of Rema 444:1 and permits the use of egg matzah later in the day, as well.III
In opposition to this view, Rabbi Rosen objects to any use of egg matzah on Erev Pesach. Halachah stipulates that only such matzah that may be used for the fulfillment of the mitzvah of eating matzah on Passover eve may not be eaten on Erev Pesach. Those who permit the eating of egg matzah on Erev Pesach do so because they maintain that egg matzah cannot be used for the fulfillment of the mitzvah on Passover eve. Rabbi Rosen cites the opinion recorded in the Palestinian Talmud, Pesahim 2:4, which maintains that matzah kneaded with liquids other than water may also be used on Passover eve. Furthermore, Rambam, Hilkhot Hamez u-Mazah 6:5, rules that only matzah kneaded with wine, oil or milk may not be used on Passover eve. Matzah kneaded with eggs or fruit juice may, in Rambam’s opinion, be used for the fulfillment of the mitzvah of eating matzah on the first night of passovwer. Rabbi Rosen therefore rules that, in accordance with these opinions, it would be forbidden to eat egg matzah on Erev Pesach.
III. MUKZAH
Another interesting point with regard to the laws of Erev Pesach which occurs on Shabbat was raised by the late Rabbi Jacob Meskin in an article that appeared in the Nisan 5710 issue of Ha-Pardes. Food that may not be eaten on Shabbat is deemed mukzah and may not be carried or moved from place to place on the Sabbath, Thus, after the fourth hour of Erev Pesach which occurs on Shabbat, chametz is to be considered mukzah. The chametz must be covered by a utensil or other covering and may not be moved. Pri Megadim, Eshel Avraham 444:1 declares that since matzah may not be eaten on Erev Pesach, the matzah must be deemed to be mukzah on Shabbat and may not be moved. Rabbi Meskin cites this authority and, in accordance with this view, rules that Passover matzah should not be touched on Shabbat which coincides with Erev Pesach. This decision is apparently contrary to that of Hazon Ish, Iggerot Hazon Ish, I, #188 who advised that a well-wrapped matzah be placed near the challah for the purposes of lechem mishnehiv.
HALACHOT of EREV PESACH WHICH OCCURS on SHABBAT
1. The fast of the firstborn occurs on the Thursday preceding Pesach
2. Bedikat chametz (search for chametz) takes place on Thursday evening.
The usual blessing (al biur chametz) is pronounced before the search and any chametz not found in the search is annulled through the recitation of kol chamira immediately following the conclusion of the search.
3. A firstborn who is fasting on Thursday should complete bedikat chametz before breaking his fast. If, however, he feel weak or feels he will not be able to perform the bedikah properly while fasting, he may partake of light refreshment prior to bedikat chametz.
4. The burning of chametz takes place on Friday before the end of the first five hours of the day. [To determine your time, consult your Rav or a local Jewish calendar] Kol chamira, however, is not to be recited at this time since chametz may be eaten all day Friday and early Shabbat morning.
5. If chametz was not burned prior to the time indicated, it may be burned at any time prior to the onset of Shabbat. The same provisions apply to the sale of chametz.
6. Many authorities maintain that the bill of sale used for the transfer of chametz to a non-Jew should have as its date the 13th of Nisan, rather that the 14th of Nisan. Chametz that is to be eaten on Friday afternoon and Shabbat should be excluded from the sale.
7. Salt water, charoset, the shank bone and roasted egg for the seder should be prepared before Shabbat. All other preparations for the seder should be completed on Friday before the onset of Shabbat.
8. Horseradish or romaine lettuce that is to be used for maror should not be allowed to soak for a full 24 hour period. Ground horseradish may be prepared before Shabbat and stored in a covered airtight container until the seder. Alternatively, the horseradish may be grated on Yom Tov prior to the seder but with a shinuy (an unusual manner), e.g. on a table or counter surface, rather than in a bowl.
9. Those who bake twists or bread for Shabbat muse separate "challah" (which is burned in lieu of being given to a kohen) before Shabbat. The part that is separated as challah should be burned immediately.
If one forgot to do so before Shabbat, challah may not be separated on Shabbat, Instead, a small amount of bread should be left over at the end of the meal and a kohen younger than nine should be called to the house and asked to eat the bread that was left over as "challah."
10. Matzah should not be eaten either Friday evening or Shabbat.
11. Other than challah and bread, no food containing dough or flour should be
prepared for this Shabbat.
12. Challah or bread should be eaten as part of the Shabbat meal on Friday
evening and preferably Shabbat morning as well.
13. Since chametz is used at these meals, the dishes, cutlery and drinking utensils
cannot be ones that will be used during Pesach.
14. The usual chametz dishes, cutlery and drinking utensils may be used. To
simplify matters, disposable paper plates and plastic cutlery may be used.
Preferably, high quality, festive-looking paper plates and serving dishes
should be used in honor of Shabbat.
15. Food for Shabbat meals, not containing chametz, may be cooked in Pesach pots. Thus, the cooking areas of the kitchen may be completely "pesadick" before Shabbat.
16. Solid foods, such as meat or fish may be removed from the Pesach pot with a Pesach fork and placed on chametz plates.
17. Hot foods or liquids should not be poured from Pesach pots or utensils into chametz utensils. Food or liquid that is cold or lukewarm, however, may be poured into a chametz utensil. This problem with hot foods and liquids can be eliminated through the use of paper plates and bowls.
18. Only dishes that are to be used again on Shabbat may be washed on that day.
19. Leftover food may be removed from chametz pots and dishes with one’s hand or with a paper towel and the unwashed utensils placed together with the chametz utensils and stored until after Pesach.
20. Chametz may be eaten on Shabbat morning only prior to the expiration of the first four hours of the day. [To determine your time, consult your Rav or a local Jewish calendar.]
21. It is proper to eat two meals on Shabbat morning before the time when chametz may be eaten has elapsed. In this way, the mitzvah of shalosh seudot may be fulfilled as on every Shabbat. One may not, however, simply recite the Grace after Meals and then wash a second time. There should be an interruption between the two meals. The time between the two meals may be devoted to Torah study or to a Shabbat stroll.
22. If the second meal cannot be completed within the prescribed time, shalosh seudot should be eaten after noon in the form of fruit, meat or fish. According to some authorities, those whose custom allows, may use kneidlach (matzah balls) or cake made of matzah meal for shalosh seudot. Since matzah must be eaten at night with appetite (le-teavon), care must be taken not to eat too much food as shalosh seudot.
No foods containing matzah meal should be eaten after the start of the 10th
halachik hour of the day.
23. If for any reason it is feared that the use of chametz on Shabbat will in any way lead to inadvertent transgression of the laws of Pesach, egg matzah should be substituted for challah or bread. [According to some authorities, the blessing for bread is said before the meal and Grace After Meals afterwards when egg matzah is used in conjunction with the Shabbat meals regardless of the amount consumed. Nevertheless, in view of conflicting opinions, an effort should be made to eat an amount of egg matzah equal to at least approximately 200 grams, or 7 ounces, at each of the Shabbat meals. The weight of each matzah may be determined by dividing the net weight appearing on the label by the number of matzot in the box.] Even if egg matzah is used, rather than challah or bread, the meal should be completed before the period during when chametz may be eaten.
24. So that the chametz meal may be completed in time, Shabbat services should be held at a very early hour.
25. If it is not possible to complete the chametz meal within the prescribed time, some authorities permit the meal to be eaten at a later hour, using egg matzah instead of bread. The use of egg matzah after the time chametz may be eaten has passed is, however, to be discouraged since egg matzah is ordinarily permitted only to the sick and infirm. Because regulations applicable to the baking of egg matzah are even more stringent than those that apply to the baking of ordinary matzah, great care should be taken in the supervision of the baking of such matzot.
26. If any chametz is left over from the meal, all crumbs must be carefully removed from all dishes, tablecloths, dish towels, etc. Dishes and tablecloths may be wiped with a paper towel. These tablecloths and dishes should then be stored with the chametz.
27. The chometz that remains (bread crumbs and paper towels) may be disposed of in the bathroom. Indeed, according to some authorities, it is preferable to leave over a bit of bread the size of an olive, to be disposed of in this manner in order to fulfill the mitzvah of tashbisu.
28. Chametz that is left over may be given to a non-Jew. One may not expressly ask a non-Jew to remove the chametz from the premises. Similarly, one may not hand the chametz to a non-Jew if it is thought that the non-Jew would remove it from the premises. A non-Jew should be invited to help himself to the chametz that was made accessible to him.
A non-Jew should not be given more chametz at one time than he may reasonably be able to consume. However, if a non-Jew removes the chametz from the premises and returns, a similar quantity of chametz may again be given to him. This procedure may be repeated as many times as necessary.
29. All chametz must be completely disposed of before five hours of the day have elapsed. [To determine your time, consult your Rav or a local Jewish calendar.]
30. All all chametz has been cleared away, kol chamira is recited as on every Erev Pesach.
31. Some authorities maintain that, because matzah may not be eaten on Erev Pesach, such matzah is mukzah on Shabbat which coincides with Erev Pesach and, accordingly, may not be moved or handled.
32. Yom Tov candles may, of course, not be kindled until after the termination of Shabbat. The seder table should not be set on Shabbat. Any other preparations, not completed before Shabbat, should not be made until after Shabbat ends.
Notes:
I. Cf. Le-Torah ve-Horaah, #3 (winter 5734), pg. 21
II. Cf. Shaarei Teshuvah, Orah Hayyim, 168:9 and R. Feinstein’s novel interpretation of the authorities cited. Se also Shaarei Teshuvah, Orah Hayyim 639:2: Teshuvot ha-Ridbaz, I, #489; R.S. Hubner, Ha-Darom Nisan 5734; and R. Moshe Feinstein, Le-Torah ve-Horaah; #3, p.7
III. See also Shulhan Arukh ha-Rav , Orah Hayyim 444:2-3; Noda bi-Yehudah, Orah Hayyim, No. 21; and R. Moshe Binyamin Tomashoff, Avnei Shoham, III, #11. It should be noted that R. Feinstein’s interpretation of Rema is consistent with the opinion of R. Akiva Eger as contained in a gloss on R. Ya’akov Emden’s Derekh ha-Hayyim published in Siddur Ozar Yisra’el II, 958
IV. See also R. Sternbuch, Erev Pesach she-Hal be-Shabbat, p.5, note 5; R. Veltz, Hok le-Yisrael pp. 126-28; and R. Cohen, Erev Pesach she-Hal be-Shabbat, pp. 44-45.
Rabbi J. David Bleich is Rosh Yeshiva and Rosh Kollel Le-Hora’ah at Yeshiva University, the Tenzer Professor of Jewish Law and Ethics at the Cardozo School of Law, and Rabbi of the Yorkville Synagogue – Congregation Bnei Yehuda, in Manhattan. He is the author of numerous works, including Contemporary Halakhic Problems (4 volumes), Be-Netivot ha-Halakhah (3 volumes), and Bioethical Dilemmas.
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