someone finds chametz in his house on Yom Tov, on Pesach, but it's Yom Tov, not Chol Hamoed, Yom Tov, when you're not allowed to do melachah. So if you find chametz, what do you do? So it says you got to cover it with a כלי, and then after Yom Tov, motzaei Yom Tov, you burn it. But you cannot burn it on Yom Tov. You can't touch it, you can't take it out, it's muktzah, so you just got to cover it. Chol Hamoed you burn it. Chol Hamoed? Or if it's the last day of Yom Tov, then you burn it after Yom Tov. But you can't do it on Yom Tov. Question is, but in the meantime, you have chametz on Pesach. You're not allowed to have chametz on Pesach. You're going to have that chametz, and when you have chametz, you're עובר בל יראה ובל ימצא. It says you're not allowed to, there's a lav of בל יראה ובל ימצא, so how could you have chametz? Comes Rashi and says, מיהו בבל יראה לא עבר. That the fact that you will be holding the chametz there, you will not be עובר בל יראה, you won't do the aveirah of having chametz, why? דהא בטליה בליבו, בליבו מאמש. Because you were mevatel it. כדאמרינן לקמן, the Gemara says later, הבודק צריך שיבטל בליבו, that when a person does bedikah, in addition to getting rid of all the chametz that you have, you have to do bitul. So you nullified it anyway. So if you find chametz, you really are not over. Which means just in short, as we have known already from the whole Gemara before, that mi-de'oraita, in order to get rid of chametz, in order to get rid of the aveirah of בל יראה, it's one of the two: or you do bitul, and that's enough, mide'oraita you could just do bitul and you're not over anymore. Mide'oraita you

could do bitul chametz and have the chametz around of the house. Or if you want, don't do bitul, just do בדיקה וביעור, just check, search for it, and then you'll burn it. The Rabbanan said that you have to do both. So this person who found chametz on Pesach, obviously, if he's a frumer yid, if he did everything right, he was mevatel it before Pesach. Since he was mevatel it, so you are not over mide'oraita. The only reason you've got to get rid of it is only miderabbanan, because the Rabbanan said that bitul is not enough. So mimeila, since he's not over mide'oraita anyway, so the Rabbanan said, don't touch it. The purpose of bitul was not not to, but maybe he should do בדיקה also? He definitely did בדיקה. So why do you need But he found chametz. בדיקה doesn't only mean searching. בדיקה means searching and then burning it. Now what happened here? He found the chametz, so he's obligated to burn it. Right. Miderabbanan, not mide'oraita, because he was mevatel it. He wasn't mevatel it by miderabbanan? No, he's mevatel it, there's no such thing as mevatel Rabbanan, he's mevatel it, so he's not over. The Rabbanan said that even chametz that you're mevatel, you still have to get rid of it. So the fact that he must get rid of this chametz is only a din that the Rabbanan made. As far as the Torah is concerned, it's no problem. He was mevatel it, he could have the chametz. The only reason now he must get rid of it is the Rabbanan. So it's nisht gefehrlich. In other words, the Rabbanan said, don't burn it because it's muktzeh, and even though in the meantime it sounds like you're, because of the איסור דרבנן don't touch it, it's muktzeh, what they're going to tell you, you're going to be over on the איסור בל יראה ובל ימצא מדאורייתא? So he says no, there's no בל יראה because you're mevatel it. So that, and why do you have to cover it?

Not to see it. משום, who cares if you see it? Nothing happens if you see it. אלא משום שלא ישכח ויאכלנו. Because you shouldn't forget to eat it, therefore צריך כפיית כלי, therefore you have to cover it. What do we see from this Rashi? That this din in the Gemara that you don't burn chametz on Pesach, on Yom Tov, is only because you were mevatel it Erev Yom Tov. What would be if the guy wasn't mevatel? Is the חמץ מוקצה? Chametz is muktzeh, sure. But what, we'll see all the פרטים. What what would be if he wouldn't be mevatel? He forgot. He wasn't mevatel it and then he finds chametz on Pesach. So now if he doesn't burn it, he's עובר בל יראה ובל ימצא. Or I'll give you another example: if it became chametz on Pesach. You're only mevatel the chametz that you had. But let's say on Pesach the guy was baking, baked matzah, and by mistake, whatever happened, the chametz, the dough grew and it became chametz, then what do you do with it? And here if you don't get rid of it, there will be בל יראה ובל ימצא, because you weren't mevatel it. So from Rashi is משמע that you have to burn it on Yom Tov. Because Rashi says the only reason that you don't burn it is because you were mevatel it, but if you would not have been mevatel it, you would definitely have to burn it. And that's how the Ran learns. The Ran says the same thing, he quotes, brings the same lashon as Rashi and even adds more. The only way to to mevatel is to burn? No, bitul is not burning. Bitul is mevatel in the heart. The only way to get rid of it is by burning it? You can also throw it in the Okay, you could do that. You could do that. But you've got to get rid of it. So the the problem with burning it is only as a rabbanan? You know what, I'll I'll read Alter Rebbe's Shulchan Aruch clearly soon and then you'll see all the details. I'm just first bringing it from the from the Gemara, from the from Rashi and the Ran and from Tosafot, we'll see, and then we'll see how it's brought down in Shulchan Aruch. Here, I'm quoting the Ran: המוצא חמץ ביום טוב כופה עליו כלי. So he says the same thing: you have to, you can't take it away and hide it someplace, you got to cover it. דלא חזי לטלטולא, like Rashi says, you can't move it, you can't do anything with it, it's muktzeh. מיהו בבל יראה לא עבר, you're not עובר בל יראה, דהא בטליה בליבו מאמש, like Rashi ממש, because you were mevatel it the day before. כי הוי מבטל it? Because דאמרינן לקמן הבודק צריך שיבטל בלבו, because it says clearly that every person even if you're bodek, you must be every person must be mevatel, so we assume he was mevatel. אלא משום שלא ישכח ויאכלנו כפה עליו את הכלי, and because he shouldn't forget and eat it, that's why you cover it. ולמוצאי יום טוב שורפו. Motzaei Yom Tov you burn it. וביום טוב לא מבעיר ליה. On Yom Tov itself, you don't burn it. Question is: Why not? What's wrong with burning it? אף על גב דקיימא לן מתוך שהותרה הבערה לצורך הותרה נמי שלא לצורך. There is a melachah in making a fire on Yom Tov, but don't we know that for cooking, you're allowed to make a fire? And then we also know that, that's how we pasken, that just like you're allowed to make a fire for l'tzorech, for purpose of cooking of eating, you're allowed to make a fire if it's not for the purpose of eating. So, even though you're going to burn the chametz, it won't be for the purpose of eating, but what's wrong with making with burning on Yom Tov? So, he says, הני מילי, when can you make a fire on Yom Tov? היכא דאיכא צורך היום קצת, as long as if there is a need for it, some kind of, not eating, let's say, but there's a need for the day. אבל הכא לית ליה. Here,

there is no need. Why? דהא נפק ידי חובתו בביטול. Since you were mevatel it, so if you since you were mevatel it, so there is no need. What comes out from the Ran? The same like the Rashi, and more. What would be if you would not have been mevatel it? Then, there is a need, and you're allowed to burn it. So, that's the shita of the Rashi and the Ran, that this din of the Gemara that you find chametz on Yom Tov you can't burn it is only if it's chametz that you're not עובר בל יראה, because you were mevatel it. But chametz that you were not mevatel it, you have to burn on Yom Tov. Tosafot in Shabbat דף כ״ד, Tosafot in Ketubot דף ז׳ עמוד א׳ says not like that. Tosafot say that even if you were not mevatel it, you can't burn it anyway. And the details, this is I'm going to read you a whole se'if in Shulchan Aruch, I one of the shiurim I think I read that se'if, but we'll read it again for a different last time I brought it in for a different purpose, different angle, a different angle. Here, it starts like this. The Alter Rebbe in תמ״ו סעיף ה׳ says, and this is mamash this is the גמרא, אם מצא חתיכת חמץ בביתו ביום טוב או בשבת if you found a piece of חמץ in your house יום טוב or שבת, אפילו יש בה כזית או אין בה כזית, לא יבערנה ביום, don't destroy it on that day. אלא יכפה עליה כלי עד הערב, cover it with a כלי till evening, לכסותו מעיניו to cover it from you shouldn't see it. Why? שלא ישכח ויאכלנו, in order you shouldn't forget and eat it. ובערב יבערנה. At night, he will burn it. במה דברים אמורים, when is this din that you don't burn it? בחמץ שנתחמץ קודם שביטל חמצו בי״ד, if it's a kind of חמץ that was חמץ before you were מבטל. So, therefore, you were מבטל that, שאינו עובר עליו בבל יראה ובל ימצא מן התורה, so you're not עובר. אבל בחמץ שנתחמץ בפסח, but let's say it's חמץ that became on פסח, הרי זה מבערו אפילו ביום טוב. Then, you destroy it on Yom Tov. כדי שלא יעבור עליו בבל יראה ובל ימצא, in order not to be over. And it goes on to the details. What should you do with it? You throw it into the river. Try Don't burn it. Try to make less chilul Yom Tov as possible. If you don't have a river, We flush it down the toilet. or in the toilet, but if you don't have, then you could burn it on Yom Tov, you could burn it. Yeah. I mean it goes until here the pratim. And who's the mareh makom to this din? Rashi and Ran, Tur and Rif. It is the Rashi and the Ran who say this din. Now, I'm just skipping a few lines here. Then he goes on, ויש חולקין על

זה. There are others that argue. ואומרים, and say, who's the others? Tosafos Shabbos, and Tosafos Kesubos, like I just said. And here, the Alter Rebbe explains in detail what Tosafos doesn't even say, but after all the mefarshim explain Tosafos, this is what comes out. Some argue and say, דאפילו נתחמץ בפסח, even if it became chametz on פסח, לא יבערנו ביום טוב. Don't destroy it on Yom Tov. ואפילו יש לו פה נהר, let's say you don't have to burn it, you have a river, you could just drop it in, לא ישליכנו לשם. Don't throw it there. Why? כיון שהחמץ אסור בהנאה בפסח, since chametz can't have any use from it on פסח, הרי הוא מוקצה ואסור לטלטלו ביום טוב. It's muktzeh, you can't touch muktzeh. You can't not touch, you can't move muktzeh on Yom Tov. And why is it muktzeh? שהרי אינו ראוי לכלום. You can't do anything with it. Something that's not edible, and it's not it's not it's muktzeh. So, even though this is something that you were not mevatel, don't do it. ואף על פי שאיסור טלטול מוקצה אינו אלא מדברי סופרים, not to move muktzeh is דרבנן, וביעור חמץ שלא ביטלו קודם הפסח מן התורה, and to destroy chametz that you were not mevatel before Pesach is a דין דאורייתא, שעובר עליו בבל יראה ובל ימצא. Af al pi chen, this is how it starts, חכמים העמידו דבריהם במקום עשה ולא תעשה. The Chachamim didn't care. They put their din of not touching, not moving muktzeh even against a mitzvat aseh and lo taaseh of the Torah. Here, it's a mitzvat aseh of תשביתו, to destroy, and a lo taaseh of לא יראה, בל יראה, the Rabbanan didn't care. שיש כח ביד חכמים לעקור דבר מן התורה בשב ואל תעשה. The Rabbanan have a right, that's a klal, to do tell us not to do something the Torah wants us to do. They can't tell us to do something the Torah says don't do. But they could tell us don't do something the Torah wants. The best dugma we always give is from shofar on Shabbos, that mid'oraita So you have to blow shofar on Shabbos, but the Rabbanan said don't, and they have a right to do it. כלומר, שאינו עובר מצות התורה בידים, you're not going to do something against the תורה, אלא ישב ובטל, you won't do something, he is mevatel it, mimela, when it's going to be done. Then it goes weiter. This is only if you're going to pick it up and throw it into the river, that's muktzeh, okay. What about burning it without touching it? Take a match and throw at it, not to burn, אפילו לשרפו במקומו to burn in the... Asur. You can't. אף על פי שאינו מטלטלו, he's not moving it. So what should be the problem here? Muktzeh is not here. The melachah of burning, lechora, shouldn't be a problem, because you're allowed to make a fire on Yom Tov. So he says, מלאכת השריפה הותרה לצורך אכילה, you're allowed to make a fire for eating, אין אומרים בזה שמתוך שהותרה לצורך אכילה הותרה לצורך מצוה. So we don't say that the klal like we always say, any melachah that's allowed to eat is allowed for this also. So lechora you should be allowed to make a fire. This is the kashya that the Ran over here asks. So he says, you don't say it, כיון שמן התורה אפשר לקיים המצוה בלא חילול יום טוב, since mid'oraita, this is he's taking it from both ends, mid'oraita you could do it without חילול יום טוב, דהיינו שישליכנו לנהר או לבית הכסא, מדאורייתא you don't have to burn it, שהרי טלטול מוקצה אינו אסור אלא מדברי סופרים. The whole thing of muktzeh is only derabbanan, so deoraisa you don't have to burn it. Now we don't let you take it, see deoraisa you could take it, throw into the garbage, into the the river. The fact is you can't do it because the Rabbanan don't let you, but deoraisa says I don't care, as far as I'm concerned you're allowed to. So if you're allowed to destroy it by burning, throwing it away, making a fire is not a need, so there is no צורך. Or he says you could מפרר וזורה לרוח, yeah? לפיכך אסור לשרוף החמץ ביום טוב מן התורה, so you can't burn this. ואי אפשר לחכמים להתיר דבר אסור מן התורה, the Rabbanan don't want to be, can't, not can't be מתיר something in halacha, if the Torah says this is a situation where you can't make a fire, they can't tell you to make a fire. So to make a fire you can't, because deoraisa you don't have to, so it's not צורך, it's not a need. Ela mai, to destroy it with other fire you can't, derabbanan, so that's why you can't do it. So, and therefore even though this is an inyan that you were not מבטל, אלא כופה עליו הכלי עד הערב, so therefore you can't do anything with it and you cover it. But then the Alter Rebbe adds, ועל שהיה זו שמשהה את החמץ עד הערב, and the fact that he's now going to hold chametz, he found chametz in the morning for a whole day he's going to hold chametz in his house, אינו עובר בבל יראה ובל ימצא. The bottom line is, even though the whole thing started that the chametz, don't care that you're עובר, but the bottom line will be, you're not עובר. Why? כיון שהוא רוצה לבערו, he really wants to destroy it, אלא שהחכמים מנעוהו, the chachamim hold him back, הרי הוא אנוס, he's forced. What difference does it make, I'm saying pshat pshat here, whether two goyim shvartze will hold you by the hands and don't let you burn the chametz, you'll be an אנוס, אונס רחמנא פטריה, here the chachamim tied your hands and they said you don't burn it, so you're not עובר. What's, huh? See, ya, even more! Goy you can get away, get away, here you can't get away, exactly. The lay is, here, a תורה, בל יראה ובל ימצא, only עובר בל יראה if you're able to destroy it. You can't destroy it, you're not there. So we have the machloket here. So what when they really need to know is, by trying to look, what is the yesod of the machloket? What is the two, the what are these, so there are many many things that are said, because there are so many aspects here that you khap on that they argue on this פרט and that פרט, and all kinds of פרטים. So I'm going to try to say a certain פרט, which is may looks like a minor פרט here, but that could be also, not saying only, but also an angle in which they argue, which they differ, that's why they argue. Okay, that's one. But by כלאחר יד, who says, who says כלאחר יד you'll be able to do it? I mean, he says later what the דין in הלכה, he says those that do like the סברא ראשונה that אין למחות, אבל מכל מקום יש להחמיר כסברא אחרונה. But still he says there are other ways you could do. You could tell a goy to throw it into the river, or בית הכסא, and You're not allowed to have הנאה from it, from the fire, but you're not allowed to have הנאה from from the chametz. He says, he gives עצות what to do here. Yeah, okay, so he says other עצות too. This is just the עיקר הדין of the way that this מצד הדין you can't. Now, there are עצות, so you go you'll find עצות. This is the דין, the... Okay. So we have to know what is the מחלוקת here. Then let's go to a further thing here, another another ענין here which is right afterwards, which is not, lichorah, not connected, but it could have

a שייכות. אמר רב יהודה אמר רב: המפרש ויוצא בשיירא קודם שלשים יום, אין זקוק לבער; תוך שלשים יום, זקוק לבער. Someone leaves the house before Pesach. So the braita, so Rav Yehuda amar Rav said, depends when you leave. If you leave in thirty days, you have to do the בדיקה, and then destroy the chametz. If you leave before thirty days, you don't have to. אמר אביי, so Abaye said like this: הא דאמרת תוך שלושים יום זקוק לבער, this that we said that within 30 days you have to destroy the חמץ, לא אמרן אלא שדעתו לחזור, it's only if you plan to come back in the middle of Pesach. אבל אין דעתו לחזור אין זקוק לבער, but if you don't come plan to come back in the middle of Pesach, so even within 30 days you don't have to do it. אמר ליה רבא, so Rava said, what are you talking about? אי דעתו לחזור, if you plan to come back, אפילו מראש השנה נמי, even for Rosh Hashanah you have to do it. And here Rosh Hashanah doesn't mean Rosh Hashanah. That's if it's ראש השנה? It means the beginning of the year, a year ago. If you leave the house a few days after Pesach and you know you're not and you're going to come back next year in the middle of Pesach, you have to do take care of it because you're going to come back, it'll have chametz. What's the shaychus? אלא אמר רבא, רבא said different: הא דאמרת קודם שלושים יום אין זקוק לבער, this that before 30 you don't, that's only if you don't plan to come back, but if you plan to come back you always have to. So, the bottom line is a machloket Abaye veRava here. Abaye says that if you plan to, if you don't plan to come back, you never have to do it. And so, you don't plan to come back ever. No, no. During Pesach. You come back after Pesach, who cares? You don't plan to come back in the middle of Pesach. But if you plan to come back, then if you leave within 30 days you have to destroy the chametz, but if you leave before 30 days you don't. And Rava says: What are you talking about? If you plan to come back in the middle of Pesach, then you have to do it anytime. If you don't plan to come back, then really you don't have to do it. And derabbanan said, if it's within 30 days, you have to do it. What we need to understand is: what is the sevara of Abaye? You see, Rava makes a lot of sense. That if since you're planning to come back in the middle of Pesach, so what's the difference whenever you leave, you know you have to do it? But what's the sevara of Abaye? Now, lichora, the sevara of Abaye could be understood after we understand the sevara of Rava. What is the sevara of Rava? So it's a pashut, it's a, but I'll just read it. It's in the sicha, so we'll read it from the sicha. A sicha that I've mentioned also other times, that the Rebbe says like this: הנה במצווה שקיומה בזמנים מיוחדים, at those מצוות that you have to keep certain times, אם קיום המצווה דורש הכנה והכשרה, if the מצווה needs time to prepare before, כגון תקיעת שופר, let's say blowing שופר, שצריך להתאמן ולהתרגל כדי שיוכל לתקוע, you have to train yourself, you have to learn how to blow and get a שופר, או אם צריך השתדלות מוקדמת כדי להשיג חפצי המצווה כד' מינים וכדומה, or in Sukkos you have to get the ד' מינים before Sukkos, you have to get etrog before סוכות, מובן לכאורה, so understood, it's pashut, it's לכאורה, שחיוב ההכנה מתחיל לפני זמן קיום המצווה. That when are you obligated to do to make sure to have the mitzvah? Not when the time comes. Before that, you have to make sure to get to prepare to the מצווה, כדי שבבוא הזמן יוכל לקיימה כתיקונה, when the time comes you'll have to. And if you know 3 months before that you won't have a shofar on Rosh Hashanah where you're going to be, you have an obligation now to

make sure that when Rosh Hashanah comes you have a shofar. That was you have to get a shofar now, that's the only way you'll do it. And there's a chiyuv. Mhm? Yeah, who says that chiyuv? And you insist chiyuv. Somebody has to tell him. Who says? That's what I'm telling you. Who, maybe till the day comes, you don't have to do anything. When the day comes, if you don't have, you're an ones. I don't have. What should I do? So, we know we do it. She'eilah is: is there a chiyuv? So the Rebbe says, בפשטות there is a chiyuv. It's a whole הערה here, we spoke about it once by קרבן פסח. But here, the Rebbe, that same הערה that I brought to the קרבן פסח, I instead started from the middle of the הערה. The first beginning of the הערה the Rebbe brings an example to this idea. Where do we find this idea that you're obligated before the zman to do it? So, he says: על דרך זה מצינו עניין מצות תשביתו ביעור חמץ פסחים דף ו עמוד א', he brings our Gemara. אמר רבא, he quotes Rava. That this that we say that if you go away before, before שלושים יום you don't have to destroy it, it's only if you don't plan to come back. אבל דעתו לחזור, if you plan to come back, אפילו מראש השנה זקוק לבער. So, we see clearly here that there is an obligation even before. Then he calls down Shulchan Aruch, Shulchan Aruch Admor Hazaken הזקן תל\"ו סעיף ו' it says like this: זה שיוצא מביתו ולא יחזור קודם הפסח, if you leave the house and you won't come back before פסח, כשמגיע חצות י\"ד יוכל להפקיע לבער החמץ שבביתו, so in a way that when Erev Pesach will come you will not be able to destroy your חמץ, הרי בשעה זו שהוא מפקיר מביתו, the time you leave your house, חל עליו מצוות תשביתו מן התורה. Mid'oraita you have to destroy the chametz from Rosh Hashanah, a year before. שמזה טעם אין חילוק בין תוך ל' יום לקודם ל'. The whole thing of 30 days is derabbanan to begin with. So the Rebbe here clearly, this is the הערה to what he said בפנים, so he explains clearly what is the reason for Rava. And the halacha is like Rava, after he calls down. Huh? Rava doesn't say. No, no, the Alter Rebbe says. Yeah, yeah, he quotes out the min haTorah he says. Yeah, he quotes, it's a quote of the Alter Rebbe. When he leaves he's מחוייב תשביתו מן התורה. And he says in the bottom, וכן משמע בחינוך. Quotes the Chinuch, and it says, it states, מאימת מוטל עליו המצוה. Starts off, the Chinuch talks about תשביתו, destroying chametz, and then he says, when does the mitzvah start? And he continues: If you go out into the way, it starts when you leave. Starts min haTorah. But al kol panim, what I'm trying to bring out from here, you see that the Rebbe is מסביר Rava's shita, that Rava holds that the din by a mitzvah is that the chiyuv doesn't start when the time comes. The chiyuv is now. למשל, we today have a mitzvah of matzah. Not we we don't eat matzah now, but today we have a mitzvah that on Pesach we should eat matzah. It's not the pshat that when Pesach will come the mitzvah will start. The mitzvah is now. Which, by the way, in רוחניות'דיקע ענינים, it's a very deeper inyan. When

we say that Torah is נצחי, Torah is eternal forever, so pashut pshat, what does that mean? It'll go on for all generations and can't stop. We have it right now.