By Rabbi Yair Hoffman for 5tjt.com This article is dedicated in honor of the 15th yahrtzeit of Rav Henoch Liebowtz zatzal which is tonight – the 10th of Nissan. Every year at this time, we negate the Chometz. But what is it, exactly, that we are doing? Our great Roshei Yeshiva have always taught us that we must look at everything that happens in the world through a Torah lens. And yet, sometimes, we just plow through life and the fulfillment of our precious Torah rituals, customs, and Tefilos, without really thinking about things. This is a mistake. We need to wonder and ponder about our Tefilos and customs too. And we need to look at them through the eyes of the Rishonim and Acharonim. As we say in davening, “Ki Haim Chayeinu” – for these constitute our lives.” THE FOUR OPINIONS Perhaps, somewhat shockingly, there actually seem to be four different understandings of this particular term – “the Bitul of the Chometz.” And, if we further explore these varied opinions we can gain a deeper insight and more appreciation of what it is. TOSFOS An unscientific straw poll indicated that most people believe that the declaration of Bitul is essentially declaring it ownerless – or hefker. This, in fact, is the opinion of Tosfos (Psachim 2a “Mide’oraisah) and the Rosh (1:9). THE RAMBAN The Ramban, however, challenges the view of Tosfos on several grounds: If it is a mere declaration of ownerlessness (not sure if that is a word), then why did Chazal use the particular term bitul – negation and not use the term ownerlessness? (The Hebrew is less bulky – hefker). Whatever happened to the idea that ownerlessness declarations have to be done before three people? These declarations are done by oneself, alone and at home. Whereever do we ever find that the terminology of “shall be considered like the dust of the earth” is ever effective to declare something ownerless? Don’t we say that “Dvarim sh’b’laiv ainam dvarim – things left unsaid by mouth but said internally are invalid? The Gemorah (Psachim 7a) says that you can do it on Shabbos – and making something hefker on Shabbos is forbidden! The Ramban (basing himself on the Sifrei – lo yira-eh lecha – to you) concludes that the Bitul is a revelation,a gilui daas, that he does not care a twit about that Chometz he had owned previously. “It is nothing in my eyes – I don’t care about it!” This, in essence, undoes the “the Torah made it as if it is back in his possession.” THE RAN – RABBEINU NISSIM The Ran’s view appears to be some sort of synthesis of the two aforementioned views. He writes that the revelation that he cares not a twit – leads to an automatic reassessment of the ownership status and now places the said item of Chometz in a legal status of hefker – ownerlessness. RASHI AND THE RAMBAM And then there is the fourth view. Both Rashi (Psachim 2a “b’bitul”) and the Rambam (Hilchos Chometz uMatzah 2:2) indicate that this negation is a form of destruction – tashbisu. There is, of course, much to explore here. How do the Baalei Tosfos defend themselves against the Ran? How do the Ramban and the Ran differ exactly? Why did’nt […]
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