Chapter 11 | The Extermination of Chametz

Introduction

A less appealing sight is the look of the streets of many cities on Erev Pesach, when burnt coals roll around the floor and heavy smoke suffocates one’s breath. Aside from this unpleasantness, the air pollution can also harm the health of the residents and contribute to long-term environmental damage. From a practical-halachic perspective, there are two issues one must discuss regarding the burning of chametz: 1. The extermination of chametz (biur chametz) vs. its sale, and 2. Biur via fire as opposed to other methods. 

Extermination (biur) or Sale

As Pesach approaches, it is appropriate not to purchase chametz in large sums that one cannot finish before Pesach eve ¹ due to factors of wasting food (bal tashchit) as well as environmental issues, and it is also appropriate to hand over any extra chametz to one’s neighbors to use or to charity organizations. However, man will naturally be left with chametz in his possession, and he must decide between two possibilities: to sell it or to exterminate it.

The discussion around relying on the sale of chametz throughout the generations was at its core economic. On the backdrop of halachic concerns and arguments related to the sale, the majority of halachic authorities write that it is appropriate to limit the sale of bonafide chametz to be used only in situations with great financial loss ². However, in the writings of the authorities from the past few generations one can find engagement with a sale that does not originate from an economic need, rather from the desire to avoid the prohibition of bal tashchit.

Rabbi Eliyahu Shlesinger sent to two great authorities, Rabbi Shmuel Wosner and Rabbi Eliezer Waldenberg, the same question: “How should one act when people come [to me] left over with high-value items such as packages of meat and the like that include a mixture of chametz, for if they lose it there is concern of [violating] the prohibition of bal taschit?” The two authorities respond that there is no prohibition to exterminate one’s chametz, because we are dealing with the fulfillment of the mitzvah to abstain from chametz in its simplest form. Alongside this, both write that for one who prefers to sell their chametz “we do not have the authority to protest [his desire to sell]” (Shevet Halevi Responsa, volume 9, article 120) and he “is not violating a prohibition” (Tzitz Eliezer, volume 20, article 51) ³.

The tendency to prefer biur chametz over its sale relates to bonafide chametz. When we are dealing with doubtful chametz, the picture is more complex. In the Maharal Zuenz Responsa (Orach Chaim, article 5), he writes that one who finds doubtful chametz in his house has room to justify the custom of holding the product until its status can be verified, because alongside the possibility that we are dealing with chametz, of which there is an obligation to destroy, there is a possibility that the product is kosher and eliminating it violates bal tashchit ⁴. Practically, one should not leave behind doubtful chametz found throughout Pesach. However, there is a logical argument here to allow the sale of doubtful chametz to a gentile from the onset in order to avoid bal tashchit ⁵.

These words of the authorities were stated from the perspective of the prohibition of bal tashchit, which exists at a much smaller scale when we are not dealing with destruction for destruction’s sake. One should also add the other principles of sustainability that we have engaged in, i.e. the impact of wasting food on the Earth and its inhabitants. This impact nowadays is no less valid than the economic considerations that permitted selling of chametz in the past.

Burning or Disposal

The chametz that remains unsold to a gentile should be destroyed on Erev Pesach. There is an argument amongst Tanaim regarding the mitzvah of rendering it unusable: according to Rebbe Yehuda, it must be done specifically by fire, and the Sages say any method. According to the majority of Rishonim, the halacha is like the Sages. Additionally, most Rishonim believe that the mitzvah to burn it according to Rebbe Yehuda applies to chametz that was found after midday, but beforehand it is possible even according to Rebbe Yehuda to exterminate it via any means. Even though the halacha is like the Sages, the Rema writes (Orach Chaim 445:1) that the custom is to burn the chametz. In practice, people burn chametz using fire, however there is no reason to exterminate all of one’s chametz this way, only a kezayit’s worth) ⁶.

The custom of burning chametz minorly impacts global greenhouse gas emissions, so the principle of concern for the future of humanity is less significant here ⁷. However, it acts as an immediate environmental and public hazard, due to its air pollution and the risk involved in bonfires. Therefore, it is proper to limit the burning to a minimal sum alone, to engage in communal bonfires, and to avoid burning plastic bags and containers, etc., thus actualizing our responsibility for environmental issues even when doing biur chametz.

In Practice:

• One should coordinate their chametz consumption from the onset, ensuring that only a small amount of chametz remains by the beginning of Pesach. For the burning itself it is appropriate to leave over a piece of the size of a kezayit.
• One should avoid burning plastic bags and boxes, and other pollutants that do not require burning.
• One who is stringent in their daily life regarding matters of sustainability who wishes to prioritize the sale of chametz over its destruction – has what to rely on.
• At the communal level, one should encourage the custom of collecting chametz and giving it to non-Jewish workers or sell it for the poor and the like ⁸.

As an afterthought: there is a Jewish custom in the past generations to light bonfires on Lag BaOmer. This bonfire has no obligating halachic status, however it is a nice custom that works to bring Israel closer together, especially the children of Israel, to their Father in Heaven. Alongside this, the tradition of lighting bonfires has paid a heavy price environmentally and for public health. Air pollution rises very significantly during the celebrations accompanied by bonfires, above the safe levels according to clean air laws. Due to the rise in the level of pollution there are a number of people sent to the emergency room because of asthma attacks and respiratory difficulties (in addition to the direct harm of bonfires such as burns) ⁹. In practice, it seems that it would not be proper to entirely eliminate the bonfire custom, which has positive value and does not harm more than other actions that people do for their own benefit. However, it is appropriate to limit the extent of the bonfires and their quantity, especially avoiding the combustion of pollutants ¹⁰. In this manner, the foundations of this custom will not be affected, and on the contrary, we will merit a deeper connection to the Torah of Rabbi Shimon Bar Yochai, who, immediately upon leaving the cave, asked the city inhabitants: “is there something that requires rectification?” ¹¹.

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