Question: If you forget to perform b’dikas chametz and you remember on Chol HaMoed, should you wait until the night to perform b’dikas chametz or do it right away?
Short Answer: It is a machlokes when the b’dikah should be done, but most poskim say it should be performed as soon as you remember. There is also a dispute whether a brachah is recited on this b’dikah.
Explanation:
I. On Yom Tov
The Shulchan Aruch (Orach Chayim 435:1) rules that if someone forgets to perform b’dikas chametz on the night of the 14th, he should perform it during the day of the 14th. If he forgets on the 14th, he should perform the b’dikah even on Yom Tov or Chol HaMoed, and if need be, even after Pesach. The Mishnah B’rurah (3) discusses various opinions whether b’dikah should actually be performed on Yom Tov and how it would be performed.
However, it is unclear when the b’dikah on Chol HaMoed would take place. Must it be performed immediately upon remembering that no b’dikah was done on the 14th? May you wait until nightfall? Must you wait until nightfall?
II. Immediately
The Shulchan Aruch HaRav (Orach Chayim 435:2), without explaining why, holds that the b’dikah on Chol HaMoed must be done “immediately.” However, he also holds that you should use “or ha’neir” during this b’dikah.
Similarly, the Olas Shabbos (Rav Shmuel Orgler, d. 1700, ibid) writes that you don’t need to wait until the evening if you realize on Chol HaMoed that you did not do b’dikas chametz before Pesach. Rather, you should perform it immediately, as the obligation exists at that point. The Olas Shabbos also says that this b’dikah should be done with “or ha’neir.”
III. Only at Night
On the other hand, the Birkei Yosef (Orach Chayim 435:2) cites “geonim” who held that you should only check at night, even for a b’dikah done during Chol HaMoed. He adds that this ruling makes sense.
Kovetz Halachos (Pesach 4:22) likewise holds that you should wait until the night to check, as the candle is more effective in crevices and holes at night.
IV. The Compromise
The Kaf HaChayim (435:8) cites both opinions and concludes with a compromise. If there is any actual fear that the owner will find chametz during his checking, he should check immediately. Otherwise, he should wait until the night. This is the ruling of the Nit’ei Gavriel (3:3:1), as well.
V. A Brachah?
Is a brachah made on a b’dikah that is performed on Chol HaMoed?
The Rambam (Hilchos Chametz U’Matzah 3:6) writes that you do make a brachah on a b’dikah that is performed on Chol HaMoed (but not on a b’dikah after Pesach). The Maggid Mishnah (ibid) explains that, during Pesach, the owner still violates “bal yeira’eh” and therefore a brachah is necessary. The Shulchan Aruch (435:1) implies this, as well, as he is clear that there is only no brachah on a b’dikah after Pesach.
There is, however, a dispute whether a brachah is made nowadays where a person otherwise is m’vateil the chametz. In other words, even though he forgot to perform b’dikah, he did say the Kol Chamira and was m’vateil the chametz in his possession before Pesach. Thus, he is technically not violative of bal yeira’eh. The Taz (2) rules that no brachah should be made on the b’dikah during Chol HaMoed if bitul was performed, because there is no longer bal yeira’eh. Even though there is a chiyuv to check to make sure you don’t come to eat the chametz on Pesach, we say safeik brachos l’hakeil. Further, the Piskei T’shuvos cites some Acharonim who note that no brachah is recited because our shtar m’chirah nowadays includes all unknown chametz in our possession.
The Chok Yaakov (5), on the other hand, writes that a brachah should be recited even if you were m’vateil the chametz before Pesach, as there is still a mitzvah to destroy all chametz in your possession on Pesach. Indeed, this is the opinion of the Shulchan Aruch HaRav (ibid).
VI. Possible Connection
This author suggests that perhaps the issue of whether a brachah is recited when doing b’dikas chametz on Chol HaMoed is connected to our earlier issue of when to check. In other words, if a brachah is recited (like the Chok Yaakov/Shulchan Aruch HaRav), then this b’dikah is a real b’dikah (albeit d’Rabbanan) that should be done immediately, just like a b’dikah done on the 14th by day. However, if this b’dikah is just a chashash lest you find and eat chametz and no brachah is recited (like the Taz), then presumably it is preferable to perform this “k’nas” of a b’dikah at night, to remind you not to forget next year.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
