CHOMETZ FOUND ON PESACH Rabbi Moshe Wainkrantz C ‘ hometz that is found on Erev Pesach after the zman biur, or on Chol hamoed, must be immediately removed to an area where there are no people around1, and destroyed, preferably by burning it in fire. (See below whether this applies when all of one’s chometz was sold). If the chometz was in the owner’s possession before Pesach and the owner had nullified this chometz by reciting Kol Chamira on Erev Pesach, or if he sold all of his chometz, he should not make a bracha when burning the chometz. If the owner did not say Kol Chamira on Erev Pesach, and he did not sell all of his chometz; or, if the found chometz was purchased after the time of the sale and the bitul, and he is now burning a kezayis of “pure” chometz, the bracha of Al Biur Chometz is recited2. CHOMETZ FOUND ON SHABBOS ANDYOM TOV If the chometz was found on Shabbos or Yom Tov, the chometz cannot be immediately burned for two reasons. One reason is that it is forbidden to burn anything on Shabbos. Even on Yom Tov, when cooking is allowed, it is nonetheless forbidden to burn something for no personal benefit3. An additional reason why it cannot be disposed of is because chometz is muktzeh and may not be moved on Shabbos and Yom Tov. Instead, one should cover the chometz with a utensil so that it will not accidentally be eaten, and keep it covered until the first opportunity to properly destroy it. This is true regarding the first and second day of Yom Tov (of both, the first days and the last days) – only if the chometz was in the owner’s possession before Pesach and the owner had nullified his chometz by reciting Kol Chamira on Erev Pesach, or if he sold all of his chometz. However, if one forgot to recite Kol Chamira on Erev Pesach and did not sell all of his chometz; or, if the found chometz was purchased after the time of the sale and the bitul, then the halacha is different for one who found a kezayis of chometz on the second day of Yom Tov, which is only rabbinic in nature4. Since this involves a transgression of Bal Yeiro’eh/Bal Yimotzei, one should take the chometz and destroy it by flushing it down the toilet. Similarly, if a kezayis of chometz was found on the first day of Yom Tov and was covered, and the owner did not sell or nullify the chometz, the chometz should be flushed down the toilet on the second day of Yom Tov5. 12
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