Gemara Pesachim דף ד עמוד א. איבעיא להו: המשכיר בית לחבירו בארבעה עשר, if someone rents a house to his friend on ערב פסח, על מי לבדוק? Who has to do the bedikah? על המשכיר לבדוק דחמירא דידיה הוא, because the chametz is his, או דילמא על השוכר לבדוק דאיסורא ברשותיה קאי, or maybe the שוכר, the renter, the one that took it, has to rent, has to be בודק חמץ, because the issur is now in his רשות? Gemara tries to answer it, but then the end is אמר ליה רב נחמן בר יצחק, Rav Nachman bar Yitzchak said, תנינא, it's a clear beraita. Beraita says, המשכיר בית לחבירו, if you rent a house to you, אם עד שלא מסר לו מפתחות חל ארבעה עשר, if Erev Pesach came before you gave him the keys, that means that you gave him the keys after ארבעה עשר started already, Erev Pesach started, so then על המשכיר לבדוק, then the one that gave it to you has to be בודק. That means that at the beginning, when the day started and the חיוב בדיקה came, on whom did it come? On the משכיר, because he didn't give the keys yet, and therefore, even though later he gave him the keys, it stays with the משכיר. ואם משמסר לו מפתחות, if חל ארבעה עשר, if ארבעה עשר came after he gave him the key, which means he gave him the keys before Erev Pesach started, so when the chiyuv came, already the משכיר had given the keys to the שוכר, על השוכר לבדוק, then the שוכר has to, the one that rented has to. Wait! That's what the Gemara says. Comes Rashi, and Rashi says, מסירת מפתח, what's the ענין of giving the keys? הוא קנין שכירות. That is the קנין that you make in order to rent the house. And therefore, ואם עד שלא מסר המפתח נכנס ליל ארבעה עשר, so therefore, if before he gave the key, already came the night of Erev Pesach of the fourteenth, חלה חובת הבדיקה על המשכיר. So the bedikah, the chiyuv of being בודק comes on the משכיר, and the one that's renting it, how do you say in English? The renter and the lessor, lessee, why don't we use the word rent, simple words? The renter and the rentor? No, the landlord and renter. Landlord, okay, good. Otherwise, it confuses who we're talking about. So it says, if before he gave him the keys, ארבעה עשר started, that means he gave him the gave him the keys after the fourteenth started, then the חיוב בדיקה is on the משכיר, on the landlord, let's call him the landlord, שעדיין ביתו ברשותו, because at that time when the chiyuv started, when the night came, he hadn't given the keys yet. And Rashi says, what's the pshat giving the keys? Giving the keys makes the kinyan. That actually makes the kinyan of the renting. ואף על פי שמסר לו ביום, but even though as the day progressed, he had given him the key, and as we're questioning now, the key is given already, see, if he doesn't have the key, he has no question, now when he's asking the she'eilah he already has the key, but the key was given to him after ארבעה עשר started, כבר חל חוב עליו, the chiyuv is already, the obligation is already on the landlord and he has to do it. But if the key was given before, that means when the chiyuv came already the key was given to the to the renter, tenant, and he got the chiyuv, and according to Rashi, as we said, by giving him the key, he was קונה the בית for שכירות, that's when the renting is חל, is valid, and that's why he has to do it. That's Rashi. קומט Tosafos און זאגט אזוי: ואם משמסר המפתח, Gemara says if he gave the key, depends when he gave the key, פירש רש״י דבמסירת מפתח קנה. Rashi says that giving the key makes the kinyan. What? You give the key, and that's when the שכירות takes place. ואינו נראה לר״י, the Ri doesn't like it. He doesn't agree with it, דהא אמרינן במרובה, it says in Perek Merubah in Bava Kamma, it says like this: כשם שקרקע נקנית בכסף בשטר ובחזקה, just like when you buy land, the way to be קונה the land, the way to acquire it is or by giving money, כסף, or by giving a שטר, or by making a חזקה, כך שכירות קרקע נקנית בכסף וכו׳. So when you rent land, it's the same way. ולא אמר דמהני מסירת מפתח, and it doesn't say anywhere there that by giving a key you're קונה. Rashi says that when he says giving the key, it means that this makes the kinyan. Where does it say such a thing? All it says, Tosafos says, בנוגע giving a key, אלא כמאן דאמר ליה לך חזק וקני, כמו בפרה, that when you want, when you sell קרקע, let's say, and you want the guy to make to make a kinyan, you have to tell him go and make a kinyan. That's what you have to do: לך חזק וקני, go make a kinyan. Because if they talk about buying it, selling it, and the guy on his own goes and makes a kinyan, even though we assume that the seller agreed, but as long as the seller didn't say to him, לך חזק וקני, the kinyan is not valid. So the Gemara says in פרק הפרה, בבא קמא, that if you give him the key, that's instead of saying go, but not that this is a kinyan. So he asks a קשיא א Rashi, how did Rashi say that by giving the key, you make a kinyan of שכירות? You're afraid he's going to lie, like when you have עדים, עבידי סהדי לשקרא? עדים are created only for liars, if you don't have liars, you don't need עדים. The only thing about קידושין, it's עדי קיום, let's go. ומפרש Ri, therefore the Ri learns, ומפרש Ri, let's finish the Tosafot: דהכא שמסר לו המפתח ולא החזיק. Here the case is where he didn't make a חזקה. The case is where he didn't make a kinyan yet. The שוכר didn't make a kinyan, but he gave him the key, and it'll depend when he got the key. מי שיש בידו מפתח, כשחל י״ד, whoever has the key when the time of bedikah comes, when the time of the beginning of bedikah comes, חייב לבדוק. He's the one that's supposed to do the bedikah. Because דאי זה שאין בידו מפתח, because the one that doesn't have the key, היכי יכנס ויבדוק, how is he going to get in? So, depends on who has the key, but not the kinyan. In other words, there was no kinyan here. But this is how he learns pshat. Well, he doesn't have it either. If it if the landlord would have to do it, because it's his house. But if he gave the key to the to the, huh? Borrow the key, take the key back. Yeah, break the door. But, but this is what he says, that if whoever has the key, he is the one supposed to do it. But מיהו, אם הפקיד אדם מפתח ביתו אצל אדם אחר, אינו חייב לבדוק לו ביתו. Which what he would say, if I happened to put my key into your house, you have to בדיק my house? אלא דוקא כשרוצה להחזיק בבית ולהכניס. It's only when a guy has in mind he got the key having in mind to rent the house. So, if he gave him the key before י״ד started and the guy didn't make a kinyan yet, Tosafot hold giving the key has nothing to do with a kinyan. All giving the key is makes it possible for him to get in. So if the baal habayit, the landlord gave him the key before י״ד started and י״ד started, even though at that time he hasn't been koneh the chametz yet, the house yet, the socher has to do, the tenant has to do it. If he gave him the key after י״ד started, then the maskir and the landlord has to do it, but it has nothing to do with kinyan. And Rashi says that what is the inyan of the key? Is the kinyan. The Ran has a third shita. The Ran says has to be both. That only if he gave, he made a kinyan, if the tenant made a kinyan before י״ד and got the key before י״ד, that's when the tenant has to do it. But if he made a kinyan before י״ד or he got the key before י״ד, that itself doesn't help, the maskir has to do it. Clear? So, it comes out here that we have three shitos. We have to explain exactly what the three shitos are, it's not so simple. What actually does Rashi learn? Bedikah not, you can't have How can two people make a bedikah? After the first one is bodek, bodek it, there is no more bedikah. That's a mora'dige shaylah. That's the next shaylah in the Gemara. What happens if he didn't do it and and you now you have to do it, can you charge him money for it? But that's that's the poshuteh shaylah. We're talking about a guy, we're not arguing here a guy didn't want to do it or didn't do it. We're talking lechatchilah, what's the halachah? They're both fine Yidden, coming to the rav and ask a shaylah, who who's obligation is it? It takes time, I have no time, he has no time, whoever is supposed to do it will do it, but the shaylah is who does it? Now, what does Rashi do to answer Tosafot' kushya? Rashi said that giving the key is the kinyan of the sechirut. Comes Tosafot and says that the Gemara in Merubah says that just like you buy land, when you buy land you make a kinyan kesef, shtar, vachazakah, so too when you rent you make kesef, shtar, vachazakah. Doesn't mention key. So where does Rashi get this idea that key is a kinyan? So there are different ways of learning Rashi. There are some מפרשים that learn It's קרקע קנין. קרקע. That's one of the shitos, that's one of the shitos. But it said Tosafos learn the Gemara says just like over here it's these three, so by שכירות is also these three, so the Gemara says. No, no. That kashya is from here, that in the Gemara in Haparah it says it's only like לך חזק וקני. The kashya is from this place in Merubah, where it says כשם שקרקע נקנית בכסף, שטר, ובחזקה, כך שכירות קרקע נקנית. That's the kashya. And he says all we find when they gave this is לך חזק וקני. So how does Rashi answer? So some מפרשים learn that Rashi didn't mean, Rashi learns like Tosafos, that giving a key is not is not a kinyan. When Rashi says מסירת מפתח הוא קניין השכירות, it means like Tosafos, only לגבי the דין בדיקה. Doesn't Tosafos himself say that even if there was no kinyan, but the guy who got the key, for בדיקה it's enough to be considered his? So maybe that's what Rashi means. It's a dochak to say it in Rashi, but that's one of the ways to learn that הוא קניין השכירות לגבי בדיקה. Then there's another pshat in Rashi, that Rashi learns clearly not like Tosafos. Rashi learns that מסירת המפתח, of giving the key, is a kinyan. How does he answer Tosafos's kashya? And actually, the Rashbam in Bava Basra learns like that. The Rashbam in Bava Basra learns clearly that when you give a key you are קונה קרקע, whether it's renting, or it's buying, you're קונה קרקע with... I will have to answer how does the, how the Gemara says, just like when you buy קרקע, these three, the rent also. So, the answer that could be given is that there is a difference in the type of kinyan. Any other kinyan, any one of the three kinyanim, kesef, shtar, or chazakah, when you make the kinyan, the, one that's selling it to you doesn't have to tell you which kinyan to make. Doesn't have to be מכוון which kinyan. He tells you \"Go make a kinyan,\" you can go make a chazakah, you could come back and give him kesef, you could give kesef into his חצר, you could do shtar. By מסירת מפתח, when you give a key, it's only if he gives it to you on condition that you should make a kinyan with it. If he gives it to you otherwise, he doesn't say, \"I want this to be a kinyan,\" then it's a substitute for לך חזק וקני. Then it's in the place of saying לך חזק וקני. That's the answer of Tosafot. Tosafot says the Gemara says it's לך חזק וקני. True, it's לך חזק וקני. Giving a key is basically saying \"Go make a kinyan,\" and that's it. But if he says, \"I want the giving the key to be a kinyan,\" so, he's giving it to you as a form of a kinyan, then it becomes a kinyan. And therefore, when the Gemara says these three and doesn't mention the fourth, because the fourth is not necessarily always a kinyan. These three, whichever way you do it, it's a kinyan. And this is not. But al kol panim, this is one way to learn that Rashi argues with Tosafot and says giving a key is a kinyan. Then there's, so we have two ways already pshat in Rashi. One way is Rashi basically learns like Tosafot, he just says לגבי בדיקה it's a kinyan, but really normally it's not a kinyan. Second way is that he clearly goes in the other extreme, argues against Rashi, against Tosafot, and holds clearly that it is a kinyan in all situations, just you have to be mechaven for the kinyan. By other kinyanim also there's a din of kavana. The guy has, you have to be mechaven to make a kinyan and he has to be mechaven that you should make a kinyan. But he doesn't have to be mechaven which kinyan, that this is for a kinyan, but here he would. Then there's a third way, which is the most accepted way peshat in Rashi. And that's what the Maginei Shlomo says. The Maginei Shlomo, who is the one that defends Rashi always, the Maginei Shlomo is, his name of a sefer is, Maginei means defending Shlomo. He defends Rashi, and whenever Tosafot has kushiyot on Rashi, so he comes to answer. The Korban Netanel here gives the same peshat. That Rashi learns that when you buy קרקע, giving the key is not a kinyan, only by renting. By מסירת, by by שכירות. And that's why the Gemara over there, the Gemara says, just like you're קונה when you buy קרקע with כסף, שטר, and חזקה, so too, when you rent you could do one of these three. Did it say that there is, does the Gemara say that there cannot be a fourth way in שכירות? See, if the Gemara would say, just like you cannot be קונה קרקע unless you do כסף, שטר, or חזקה, so too when you rent karka you cannot rent it unless you do kesef, shtar, or chazakah, then it's saying the only way to do it is these three. So you'd have a re'ayah that you can't do any other way. It doesn't say that. It says just like these three ways are good for קניין קרקע, these three ways are good for sechirut also. But you should know there could be, by sechirut it could be another way, too. And that's how he learns. And he explains why. And just to explain what would be the machlokes Rashi and Tosafos according to this pshat, machlokes could be like this, just in short. What, takeh, would be the reason? According to this it comes out like this: that by buying karka everyone agrees, Rashi and Tosafos agree that giving the key is nothing. The machlokes is, what about renting? Rashi learns by renting it does work, and Tosafos says not. So to understand what the machlokes is, this just I'm just saying it by the way, to understand what the machlokes is, we have to analyze what is the reason why by buying karka it won't work? When we know why it doesn't work by buying karka, then we'll be able to analyze and see does the same reason apply to renting or it doesn't? One of the reasons which says why it it doesn't work by buying, because when you give the key, this is going to be a little bit, when you give the key, every kinyan that you do, you have to have the involvement of the koneh and the makneh, the buyer and the seller, the the the giver and the taker. That's the reason why he has to say לך חזק וקני, \"Go make a kinyan,\" because if he doesn't say it, then the koneh did it, there is nothing on the makneh side that's involved. So he said לך חזק וקני and he goes and makes a kinyan as a result of his saying it, so together there's a kinyan of both. When you give the key, you know what happens here? In theory, not technically, but in theory, in sevara, it's only done by the koneh, the, only by the makneh, the koneh doesn't do anything. By receiving the key, the koneh is not involved. You know what receiving the key, giving the key means? It's almost like opening the door for him. That's all it is. The key, we're not talking about the value of the key as kesef. He's not giving kesef, because it's the opposite. The kesef is given by the koneh, and here the kesef is given by the makneh. It's not kesef. The makneh gives the key. What he's doing is, he's always doing making available for the guy to get in. So it's only something that's done from the makneh side, the koneh does nothing here. Imagine if he'd open the door for him. So the makneh did something, now the koneh is able to go in if he wants to. So since this is a kinyan that only has the מקנה's side involved, it's not a good kinyan. We're missing part of the kinyan. That's why it's no good. If he goes in, maybe if he'll go in I don't know what it'll be, but if he goes in that'll be like chazakah, maybe. But just opening the door is nothing, because the מקנה does it. Same thing, I'm standing here, he gives me the key. So now, he made it possible for me to get in, but I didn't do anything. So the קונה's part of the kinyan is missing. That's why, it's not good. No, give it, but when you give a שטר, when the מקנה gives a שטר to the קונה, and the מקנה gives him a deed. So now he has a... there's something that accomplished. Giving him the key only makes it able, makes him able to get in. That's what Rashi says! But the חסרון is, so what's the problem with saying לך והחזק וקני? That there is nothing that's done from the קונה's side. Then there's another reason why the, why giving the key would not work by buying קרקע. A kinyan has to be something that expresses the fact that you are getting ownership over the, the land, over the area. Giving the key is only something that shows that you have a right to use it. That's all. And it doesn't show any baal batishkeit. It shows only that you're able to get in and use it, and be there. Doesn't show any בעל בתיש, and therefore, that's not a good kinyan. That's another חסרון in giving the key. Now depending on which חסרון we accept, we'll see whether it applies by rent. If we use the first חסרון, that because the קונה, the buyer is, what's, one-sided, it's not good, same thing by שכירות. שכירות, even though that's buying and this is renting, but renting also there is a landlord and there is a tenant, there is a, one that rents and one that gets it. So there you also have to, have both sides. And being the reason that מסירת מפתח doesn't work is because it's one-sided, so it doesn't work here either. That's Tosafot. Rashi will learn that the problem of מסירת מפתח is not because it's one-sided. The problem is because giving the key only shows that you have a right to use it, but doesn't show it's yours. So by buying it when it's takeh yours it's a problem. By renting, ein hachi nami, it's exactly what's happening. You're takeh not getting it, you're only have a right to use it. So why should it be a חסרון? So Rashi learns it's takeh not a חסרון. So Rashi learns that giving the key by the case of שכירות works. Okay. Now according to the second and third way we learn pshat in Rashi, it comes out that Rashi learns that giving the key is a kinyan of שכירות. First way that Rashi learns like Tosafot, but most of them, that most of them learn, even the second way most don't learn, but the third way. So Rashi learns it's, it's a kinyan. Now, לפי זה it comes out pshat in our Gemara that what does it depend on who is the one that's supposed to be bodek? According to Rashi it depends on the kinyan. When he made the kinyan? Did he make the kinyan before י\"ד started? Before Erev Pesach started? Then it's the שוכר. If he made the kinyan after, it's after. Now, it means any kinyan. According to this pshat, when the Gemara gives the example of giving the key, the same thing would be with chazakah, with כסף. It's just an example of a kinyan. Which will be a she'eilah, which we're not going to get into, so why did the Gemara pick this example? There's a ביאור on that too. The same, yeah. Well, what do you mean bought it? Made a kinyan. No buying not here. The whole Gemara went on that. Then the המשך is, it's far, it's far. No, no, that's a different inyan. That whole thing is only by rent because the guy is still the baal habayit. Because if the guy gives up the ownership, if he sells it completely, then there's no she'eilah who's supposed to check. In Alter Rebbe's Shulchan Aruch it explains that. But the המשך by the kinyan, the main thing according to Rashi is the kinyan. And if he would give, make a kinyan chazakah, same thing would be. If he made a kinyan chazakah before י\"ד started, the שוכר has to be bodek. If he made a kinyan chazakah after, the, the משכיר has to do it. Yeah. Well, we just said, no? כשם שקרקע נקנית בכסף, בשטר ובחזקה, כך שכירות קרקע נקנית בכסף, בשטר ובחזקה. Yeah, lechatchilah renting and he makes a chazakah. He goes, opens the door, closes it, נעל, גדר, ופרץ,

whatever chazakah is. House is... Anything that's מחובר לקרקע, anything that is connected to קרקע is... It's called קרקע. קרקע, קרקע. קרקע, בדיקה קרקע? Yeah, it's the same idea. Well yeah, a house, a קרקע outside is not a חובת בדיקה, and something. Yeah, in דין, שכירות קרקע, yeah. Truck, yeah. Anyway. So, according to Rashi, it always depends on the kinyan. According to Tosafos, it doesn't depend on the kinyan at all. Tosafos says that there is no kinyan here. Depends on the keys. Who got the keys. According to the Ran, he says it depends on both. And you need both in order to be, for safety's sake, if you do it you have to do both. Whoever has both, that's the one who's supposed to do it. Okay. We have to understand what is the basis of their machloket. Besides, Tosafos שיטה is hard to understand. What does it mean he has the key? The שוכר did not make a kinyan yet. It's not his, but he has the key. So, who cares he has the key? What does it mean having the key? Access. Access, so, but it's not his thing. If I have access to your house, I have to בודק your house? Ela mai he said: it's not if I give the key to somebody else that he has to do it. It's because the guy has a mind to buy it. So he has a mind to buy it. Who who has a mind to buy it? Every year the שוכר has a mind to buy it, so what's the, what's he gonna give his mind, he wants to buy it. We need to understand the Tosafos. To

explain this, let's go back to the whole מחלוקת הנוגע רש\"י and Tosafos and the ר\"ן, הנוגע בדיקת חמץ, הנוגע ביטול, let's start with bitul. What is the reason for bitul? You say you can מבטל חמץ on Pesach. What is the source of bitul? So we had the machloket. Rashi says ביטול מטעם תשביתו, that the Torah says תשביתו, you shall destroy chametz, and השבתה בלב זו השבתה. If you destroy, nullify it in your heart, in your mind, that's called destroying. Tosafos says it's because of hefker, and mamash when you מבטל חמץ you make it hefker. And we said that the Ran seems to say like Rashi, and at the same time he brings that it's hefker. So how does he learn? So we learned that it's hefker according to both. Anyway, but the bottom line is we learned that why doesn't Rashi learn that it's regular hefker, and why doesn't Tosafos learn how why does Tosafos learn it is regular hefker? So we explained that it depends on how you learn the peshat that the Gemara says that two things are not in the רשות of a person, and the Torah made it as if it's his. One of them chametz on Pesach and בור ברשות הרבים. And the question was that the Torah really chametz on Pesach is not yours, since it's אסור בהנאה, it's not yours. But why are you עובר? Because the Torah made it yours. What does remember we learned what is the peshat that the Torah made it yours? Did the Torah say it is yours even though really it's not yours? We have a right, Torah has a right and makes it yours. Or we learned that what it means is that Torah never made it yours, but you would imagine that if it's not yours, you're not עובר. So the Torah came and said it's as if it would be yours, in other words, even though it's not yours, we don't care, you're עובר anyway. So want to look at it this way, according to and we said like this that Tosafos, based on the Gemara in Bava Kama, that Tosafos learns that the Torah makes it mamash yours. And that's why you're עובר. Rashi learns that it doesn't make it yours. Rashi and the Ran we said learned because the Ran brings this, the Ran says how come bitul helps when you don't do all the conditions of hefker? He says, well, this is different because really it's not yours. So Tosafos, we said, can't learn like that. If Tosafos learns that the Torah makes it yours, he can't answer why is it a פחות מעשה a מעשה, because it's really not yours. What do you mean it's really not yours? It could should have been not yours, but it is yours! If it's yours you need a real, real hefker like anything that's yours. That's why Tosafos learns it's a real hefker. Rashi and the Ran we said learn that it's not really yours, it's sof kol sof, even after the Torah makes it yours, it's not really yours. If it's not really yours, just to get rid of this thing that the Torah makes it, like the Alter Rebbe uses the lashon: שמי נקרא עליו, it's only like your name is called upon it. So to get rid of שמי נקרא עליו is enough if it's a פחות מעשה, if it's only תשביתו, if it's not a real hefker. That's what we learned. But basically it comes out according to this like this: according to Tosafos, why are you עובר בל יראה ובל ימצא on Pesach? Because on Pesach the חמץ is yours. According to Rashi, it's not yours, so why are you עובר? Because it's there. But it's not yours! The peshat is because it was yours before. But Torah says what? Why am I not עובר on your חמץ? My חמץ your חמץ is not mine and not yours, we're both the same, so I should be why are you עובר? Because before it was yours. It was yours a minute before Pesach, a second before Pesach, and you didn't do anything about it. So the Torah says for being for owning it before, you will be עובר on Pesach. So it's an interesting thing. Comes out that according to Rashi, if we say this peshat, I mean all this I'm saying is if it's true, that according to Rashi the reason you're עובר is because it was yours. According to Tosafos, why are you עובר? Not because it was yours, because it's yours now. Okay. Then, as if you start thinking about it,

there are three ways to learn, not two. Because we said before it's all based on this whole point of something that's not, and becomes something else. There is the two chakirah, what does that mean? Does it mean it becomes like the something else, or what the Torah means it's really not the other thing, but אף על פי כן, we don't care. But in whenever there's a chakirah like this, the Rebbe has three ways. And the best example I want I mentioned like shlichus. שלוחו של אדם כמותו. You, Reuven is a shaliach to Shimon. Reuven is not Shimon, there's no question about Reuven is not Shimon. The Torah says he is, what does the Torah mean? So there are three ways you learn, not two ways. The two ways would be: one way is Reuven is not Shimon, so the Torah says Reuven is Shimon! Torah says that he is Shimon, finish. That's the first way, like the shita here, it became his. The other way is the Torah says, you're right, Reuven is not Shimon, has nothing to do with Shimon, but the Torah says that even though he's not Shimon, but if he did this, this, Shimon will, she'll be מקודשת to Shimon. But then there's a third way that like a Ketzos said that the Beit Shmuel says and the Rebbe always brings it, it's a middle way. That it's like Reuven is not Shimon, but Reuven's פעולה is מיוחס, what Reuven did is as if Shimon did it. First way is Reuven becomes Shimon automatically. Reuven is Shimon, who did it? Shimon, because The second way: no, Reuven remains Reuven, but the Torah said that whatever Reuven did is as if Shimon did. The third way is that Reuven is not Shimon, and Shimon did not do it, and it's not מיוחס What's the what's the nafka mina? How is it, how Oh, he brings all kinds of nafka mina's. Sure, sure, sure. A shaliach could be an eid or not, and and all kinds of things. It depends on which way you're learning, he brings all kinds of things. This same chakira you could collect in any time that you have something that becomes like something else. Actually we're learning the Gemara now, דבר הגורם לממון כממון דמי. Something that brings money is like money. What does it mean is like money, is it mamash money, is it not money, but or is it like ke'ilu? You have all this. What was the third situation again? That Reuven is not Shimon, but what Reuven does is as if as if Shimon did it. Yeah, Reuven's פעולה helps for Shimon. The other way is it's as if Shimon did it. Yeah, but not not because Shimon did it. What Reuven did is as if Shimon did it. The first way is that Shimon did it. The third way is that Shimon had nothing to do with it, but the Torah said that if Reuven asks Shimon asks Reuven to do it, and he does it, even though Shimon had nothing to do with it, for some reason the Torah wants it to work. Anyway, you could say this everywhere. The same you could say here, you could say by the chametz, too. You say chametz is not yours, the ממון is not yours, and and and comes Pesach, what happens? So you have three ways. One way is it comes Pesach, it's not yours, the Torah says it is yours. Finished. Like שלוחו של אדם כמותו. Then you have the other extreme: the Torah it's not yours at all. No, I'm saying the first way is it's yours. Second, the third way, which is the other extreme: it's not yours, you're chayav, that's Rashi. Then you have a middle way, its peshat is it's both. It's not really yours, but it's like it's yours. That's the middle the way here, it's ke'ilu. Now, the difference will be like this: according to the way we said before that it becomes mamash yours, why are you over? Because it's on Pesach it's your chametz. You're over because now it's yours. According to the other extreme, why are you over? It's not yours at all. So why are you over? Why are you over? But why you? Because you used to own it. The middle way has to have both. The middle way is the peshat, it's not really yours. So why are you over, because you used to own it, and at the same time now, it's almost like yours, there is it's because you own it now, too. This is the nekudah I want to say. And I want to say that the Ran learns that way. Last time we learned I said that the Ran and Rashi go together. Tosafot learns that it's mamash yours, the Ran and Rashi learn it's not yours. Now I want to say that, right, בכללות Ran and Rashi learn the same way, but בפרטיות, not exactly. They both don't learn like Tosafot, they both learn that it doesn't have to have a real הפקר. Why? Because it's not really yours. But אף על פי כן, we see in the wording of Rashi and the wording of the Ran, and the Ran has a special pasuk for it, the Ran will learn the middle way, that it's yours, it's not yours, but it's like it's yours, so צד because it was before, צד because it's now. Now, having that done is one thing. Okay. Now let's go to another nekudah. But the nekudah we have to remember is that according to Rashi, the reason you're עובר בל יראה, בל ימצא is because it used to be yours. According to Tosafot, you're עובר בל יראה, בל ימצא because it's yours now. According to the Ran, you're עובר because it was yours and it is yours. When is the time when we're talking about? At the time. Okay, we're talking about Erev Pesach. When is the time of the bedikah of Erev Pesach? See, we're talking about ביטול here at the time of בל יראה, but in order to avoid בל יראה, you have to be מבטל the חמץ and you have to be בודק the חמץ. Now,

when do you have to be בודק the חמץ? So we know the the chachamim made the זמן בדיקה פסח ערב פסח when it's right away when Erev Pesach starts, that's the זמן בדיקה. Now, when it comes to zman, I want to just to give an, it's not נוגע to us here, there's always a חקירה that the Rogatchover has: when you have something that has a משך זמן, something that has a span of time, a length of time, is it all one nekudah or is it like each moment itself? I want to say על דרך זה here, but not exactly, that's why I don't want to elaborate on that. But you'll see what I'll get to. When the Chachamim said that you have to be בודק חמץ in the beginning by Tzeis Hakochavim, as soon as Tzeis Hakochavim starts, Erev Pesach, and then you have from then on till Pesach, you have a long time, is the pshat is that that's the beginning of this zman, and this zman has, could stretch for a long time, or not? That second is the zman, and that's it, there's no other thing. If it happens to take you longer, all right, but you can't push it off. Now, there is a big she'eilah, a big machloket here. The

Alter Rebbe is very, very much machmir. The Alter Rebbe is machmir in the זמן הבדיקה very much, and the Alter Rebbe says that you have to do it right away. And here's a Likutei Sichos, here the Alter Rebbe says Right away means right? Right away Right away means right. Well, it's that's part of the halachah, if you daven Maariv, surely you daven first, but you can't like the people who come home, who come home, and מקרעצט זיך, and you do this, and then you go, and you still check, and you you clean. The Alter Rebbe is very much machmir. The Alter Rebbe says here, I'll read you, he says, and he brings the din that you have to do it בזמן, and he says that if, you know, and the Gemara says that, and the Shulchan Aruch, you're not allowed to learn when the time comes beforehand if you learn, if you started before this זמן בהיתר, you have to stop. And he באוואונדערט, why do you have to stop? How come when it comes to other things where it says you're not allowed to learn before Krias Shema, before tefillah, so you have to you're not allowed to start learning or eating then, but if you started b'heter you're you're allowed to. So he says like this. Let me read Alter Rebbe תל\"א סעיף ו': ואפילו אם היה עוסק בכל אחד מהדברים הללו If you was involved in one of the things you're not allowed to קודם שיגיע זמן הבדיקה before the time came, חייב להפסיק כשיגיע זמנה. You have to stop when the time comes. ואפילו היה עוסק בהיתר, even if you started בהיתר, דהיינו שהתחיל לעסוק קודם חצי שעה לפני צאת הכוכבים you started before a half hour before צאת הכוכבים, ואפילו היה עוסק בתלמוד תורה. Okay, he says you have to stop. Okay, and even though you didn't say Krias Shema, and Krias Shema is a מצות עשה של תורה, וגם היא תדירה בכל יום ויום ב' פעמים. Krias Shema is tadir, Krias Shema is something that you do always, and the rule is תדיר ושאינו תדיר, something that's con- every day and not, comes that comes first. כל התדיר מחבירו קודם את חבירו, whatever is more often comes first. אף על פי כן צריך להקדים את הבדיקה לפני קריאת שמע ותפילה. You have to start being בודק before that. לפי שהיא מצוה עוברת, because it's a mitzvah that's passing. What do you mean it's passing? So you can do it a half hour later. Listen to these words: שאם לא יבדוק מיד בצאת הכוכבים, if you're not בודק right away בצאת הכוכבים, הרי הוא נקרא עובר על תקנת חכמים. You are called going against the חכמים. אבל בקריאת שמע, אף על פי שמצוה מן המובחר לקרותה בתחלת הלילה, קרישמע you best is to do it right away, מכל מקום אינו נקרא עובר על דברי חכמים, you're not called you're עובר, אלא אם כן קורא אותה אחר חצות הלילה, unless you read it after חצות. כמו שנתבאר בסימן... That's in the פנים. In the Kuntres Acharon he goes around the whole אריכות here. And he asks, how come you have to do it right away? And he says that, anyway בדיקת חמץ the חכמים made חייב והוצרכו לקבוע זמן קבוע. וכיוון שקבעו זמן, since the חכמים made a time when you have to do the בדיקה, אם כן, מי שאינו בודק בתחלת זה הזמן, if someone doesn't do it right away, אינו נקרא עצל, you're not called lazy, אלא נקרא עבריין. How do you translate an עבריין? A violator. A violator, Er zogt es, sinner. שעבר על גזרת חכמים. So the Alter Rebbe holds that the zman really is the first seconds. I want to go home after Mincha, right? We have to worry about saying the Shema. Here is a whole din here, nu? Maariv. במה דברים אמורים if you daven always home, but if you go to shul he says then don't then you should do it right after shul. That's a part of the din. Nobody holds like that? No part that he says different in the Siddur or different No, no place different. תרל\"ב? No. I always wondered why there are people that are not makpid on this. I never heard it until just now. Nobody? We always do it. I I don't mean here Miami. Why did you never announce in shul, by the way, you have to go right home right now and do right away First of all, I learned it in I didn't say it out loud in shul, but I do say it, you have to be בודק right away. Okay. You say it and the Alter Rebbe says it, it's a little bit of a I know it. So, I'm answering it's what the Alter Rebbe says. That's why I said before because of all these different opinions because of the whole things that only pertain to the בדיקה. Couldn't there be an opinion where they both have a, baal habayit, the landlord and the tenant? Like, בדיקה could not be done by two people. Why? Because the time involved, but if you did one bedikah The moment one guy is bodek the house, it's בדוק. It's בדוק. Bitul could be done by two people, and bitul could be said both have to do, but but checking get checked. Now

it's a מקום שאין מכניסין בו חמץ. They don't have to check. Now it's a place that has no chametz. Checking is not a show that I just walk around. The obligation is on the baal habayit. Whoever has the obligation, but two times you can't be מחייב if you do it twice. If he gives me the key, I don't know that he made a bedikah. So that's If you don't know you don't know. We're not talking don't know. The two people are here and we're wondering who has to do it. That's all. To say both have to do it, that makes no sense. Both have to be together. Even if they're both here, it's a שאלה who's the obligation. Who's So this is a a single single moment in time. So I want to say that it's a single moment in time, and all the things that happen from that time till later is all like an extension of this one single moment. And this is why I want to say it's it's maybe, you know, The zman when we're worried about the chiyuv is at that time when the bedikah starts. Basically we were talking before about the bitul, was it about יראה. But the דין בדיקה, the Alter Rebbe holds, the one that's bodek, he's the one that's supposed to be mevatel. That's what the Alter Rebbe holds. You do it first. Well, you do bedikah first. But we they go together. But bitul is the best days bitul. Right? Something like that. Yeah, the מעמד is חמץ שאינו ידוע לו. But both bitul. So the bitul and the bedikah, whoever does the bitul, he's the one that's supposed to do the bedikah. Obviously whoever does the bedikah is supposed to do the bitul. But whoever does the bitul, in other words whoever is עובר בל יראה, he's the one that's supposed to do the bedikah, that's what the Alter Rebbe says. And even though Tosafot seems different, the Alter Rebbe says in Likkutei Batra later on that he learns פשט in Tosafot, here דף ל\"ז, Likkutei Batra, that even according to the maskana, Tosafot holds the same way. Here he says, in the לשון that the one that's that the one that's mevatel, which means the one that's able to be mevatel, and who's able to be מבטל? Only the one that's going to be עובר בבל יראה if he doesn't do it, he's the one that's supposed to be בודק. So what we're talking here about bedikah is basically based on who's going to the one that's supposed to do the bitul. Who's supposed to do the bitul? The one that's עובר בל יראה. What does that depend on? Now we said בל יראה depends on according to Rashi, it depends on it was yours before the zman. According to Tosafot, it depends on who is בשעת הזמן. According to that it depends on both. Now what is the zman that we're talking about? And normally we're talking about the zman of Pesach. But what I tried to say here is that the zman of bedikah really is the The zman that we're talking about applying this whole din to bedikah, taking not bitul, but to bedikah, will be the zman when the chachamim made this דין בדיקה. All the zman that comes later is basically the extension of that זמן בדיקה. Dos heist, the זמן בדיקה is that second. So, according to Rashi, who's the one that's chayav to do the bedikah? The one that owns the chametz the rega when the בדיקה, חיוב בדיקה starts. The one that owns the chametz. Who's the one that owns the chametz? The one that owns the apartment. And not everyone agrees to this, but the Alter Rebbe learns like that peshat in the Gemara, and I don't want to go through the whole arichut in peshat in the Gemara, the Alter Rebbe learns when this guy rents the house, the moment he rents out the house, he is mafkir his chametz

that's in there. The owner? The owner that rents the house. The landlord. The landlord rents the house. Landlord. The moment he rents the house, the chametz is not his anymore, because he gives it, he gives away the house. The chametz becomes the chametz of the socher, of the tenant. Now you can ask a she'eilah: what happens if he doesn't want to? Ein hachi nami, if he wants not to be koneh, you can't be koneh something against your will, but if the guy doesn't say anything, the Alter Rebbe, I'll read the Alter Rebbe's לשון to make sure that you understand. See, that the maskir is וודאי מתיאש והפקירו כשיוצא מן הבית. He definitely gives up hope and is mafkir it. He means he gives up, but he doesn't care about it anymore. The landlord, yeah, not planning on using those cookies later. What does it say here? וגם השוכר, he says, hasocher has to be מבטל, לפי שמיד שקנה הבית באחד מן הדרכים ששכירות קרקע נקנית בו, the moment the socher, the tenant, is koneh the house, that second, זכה גם כן בחמץ שעזב שם המשכיר. He zocheh the chametz. שהרי כבר הפקירו המשכיר, because the maskir, the landlord, was mafkir it, וכל דבר הפקר המונח בבית המושכר לשוכר, anything that's hefker that's laying in a house that's rented, זכה בו השוכר. The tenant gets it. כמשמעות בחושן משפט, סימן רס... רס״ח שם.

How does he koneh it? חצר, קניין חצר. If the chatzer is mine, if the highest house is mine He doesn't own it, but he's a tenant. Whichever way, or whichever kinyan he makes. So I want to say, according to this, whichever kinyan you make, you kanah the house. The moment you kanah the house, you kanah the chametz. And it depend and and when you kanah the chametz, so it depends who is the chametz who is who is the chametz owned by the rega when the zman comes. And when we're talking about the bedikah when the חכמים תיקנו בדיקה, even though it depends on the time of Pesach, but לגבי דין בדיקה, they transferred basically, as if saying, transferred the time to the beginning of bedikah when it's the night before. So according to this sevara, the second when it starts, who is who owns it, that's all that counts. Because it doesn't depend on who owns it after the zman starts. Because according to shitas Rashi, we're saying it depend the whole בל יראה comes because of owned before, which is the reason for the bitul, which automatically is the reason for the bedikah. So that's why it depends on the kinyan, that's all Rashi says. So Rashi who holds that the pshat of שלו is that it's mamash is yours, and that it's not in yours at all, it's only because it was yours before, says it depends who owned it before and who owned it at the zman as when it came to the When it says giving the keys, giving the keys is not the keys, giving the keys is the kinyan, and Rashi holds it's a kinyan, whether it's a kinyan by everything or by שכירות only. According to Tosafot, according to Tosafot, it doesn't depend Since according to Tosafot you're chayav because after the zman, so really it has to be after the zman, according to that it would mean after the zman it's not yours, so why is he taka you over? Because it was yours yours, not because it was yours before, it's because it's now yours. Why is it yours now? Why is it yours, not somebody else? Because it's found by you, and that's נוגע to the Gemara דף ה עמוד ב that מצוי, so your place. There is a din of לא ימצא, לא יראה ולא ימצא, it's found by you. So, according to Tosafot, the main thing depends on where is it found after the zman starts. So, therefore, no, not whose place it is, but but after the zman, not who owns it, because after the zman there is no owning. The Torah makes it yours based on what? Based on being in your area, ימצא. I, so, but that's what I'm trying to say, that this whole din of the day is transfer, I'm trying to transfer it to the זמן בדיקה. Okay. I I I know this is this is going to be the problem. Chazal say the reason because the אור הנר יפה like that Good, that's why they made that's the reason they made it. But that doesn't matter. Good, the reason they made it then is they had their reasons. It's not only the has to be אור הנר יפה and it has to be people come home, but lefo'al the Alter Rebbe says that they made it that zman. So, we're taking this zman, and all the later is only as if saying it's a tashlumin, if you couldn't do it then, you do it later. So, you're not As far as זמן is concerned, there is no other זמן בדיקה. Okay. It doesn't make sense, because the day starts the night before and it makes sense that But that's not the זמן חמץ. It's זמן חמץ, it started next morning. It's my איסור חמץ, I know that. So, I'm trying to say that the whole That's why I gave that the the introduction, that there is a גדר of זמן as being one נקודה. It's not one after It's taking that 1 second and stretching it out, that's all it is. That's how we find a lot of things, that there's The נקודה means they take this נקודה of זמן and it's stretched out, not that you're adding to it. I know practically it doesn't It's not so. It's not the Torah. It's the חכמים here. We're talk We're talking about the חיוב חכמים. And the We're not talking about the Torah, because the חכמים מדאורייתא you're not עובר because I know, but the חכמים took that איסור חמץ and said, \"We want you to get rid of the חמץ, want you to find the חמץ, the דין בדיקה the night before.\" So, that and it's דין דרבנן, it's not דאורייתא, because מדאורייתא, בביטול בעלמא סגי. מדאורייתא, you get rid of the חמץ with ביטול. So, it's only דרבנן, so the and the רבנן made a תקנה of doing it at night. So, this is the word I'm trying to say, which is the key to this, the key of not being It's not realistic, it's not practical, it's just in in in abstract שכל. The זמן technically is all time, but in שכל you take the you look at it deeper and just take that נקודה of זמן, because the חכמים transferred as if this is the time when we want this to be done, מקצת פסח. Why do they want you to wait until the night before? Because now, now is nothing. What's now? They're transferring in היגיון, it's only in היגיון, in in abstract שכל. Whatever is going to be at זמן האיסור, this is what we're doing לגבי בדיקה, we're doing it now. So, it's a super transferring. So,

according to Rashi, what does it depend on? Who has קנין right before. According to Tosafos, we'll say it's not dependent on who's going to be קונה it right before, because the קנין of before is not what counts. But what does have to be? It has to be matzui by you at the time when this zman is, derabbanan which is זמן הבדיקה. So, what makes it matzui? What makes that found by you? Having the key. Yeah? The key. Not the kinyan, because the kinyan means that it's yours according to Tosafot, yours meaning it was yours before. We don't need it to be yours, because according to Tosafot it's yours now, after the zman, which we're applying the theoretical zman of Pesach to the זמן בדיקה, which is the problem that you have. I know, this is the the that is we're apply we're transferring that inyan of that zman, we're making it here because this zman is now. It's not this zman stretches. If the Alter Rebbe would say that they gave us a zman to start, the זמן בדיקה starts at, like, Shema, Keriat Shema, three hours to wait, better to do it in the beginning. So, then I would say it's not an hour's of a zman. You can do it 5 minutes later, you can do it an hour later. Based on this sevara that it's, no, there is no stretch of zman here. The zman is right at the beginning. The stretch is only in gashmiyut, for sure how long it takes you. And if you do it later, you're עובר למפרע. If you do בדיקת חמץ, you start a minute later, you're over on the תקנת חכמים. You still have to do bedikah, just like you have to do bedikah in middle of Pesach, too, if you didn't do it. It has nothing to do. But you were over on this zman. So, this zman of בדיקה לגבי this is transferred from then to here. And therefore, if you if you're like Rashi, you need the kinyan. If you're like Tosafot, the kinyan of before is not נוגע. What is נוגע is who has the key when it starts, who has the the שייכות to it. But here, if someone was נאנס, it was an ones when when it says first half hour, then he doesn't have to do bedikah anymore. But since he was the he was patur from the אונס, תשלומין דראשון. Eh, but here there's a chiyuv They want you to have chametz. What? They don't want you to have chametz. We're talking about the זמן חיוב. That's a whole takanah is זמן בדיקה, the takanah of this זמן. But a guy, let's say he's אונס that half hour, then he could be מבטל, אבל the דין דרבנן of bedikah, he doesn't have to do. He has to do it. No, he has to do it because there's a

דין בדיקה, just like we do on Pesach. Just like you have to do it on Pesach, this He could do bitul. No, you can't. Pesach you can't, אחר זמן איסורו. No, but I'm saying before Pesach, בעצם, without the תקנת חז\"ל But But I'm talking But the Chachamim made a takanah you have to do bedikah. But you're saying the takanah was only that No, I didn't say that. The takanah was only then. No, I did not. The זמן בדיקה, the חיוב זמן בדיקה. The bedikah itself, to do bedikah, if you didn't do then, there's a din that the רבנן said if you didn't do it then, you do it later. If you didn't do it later, do it on Pesach. If you didn't do it on Pesach, do it after Pesach. You have to do בדיקת חמץ after Pesach, you know that? Wherever there's such a thing as as, because of he might come to eat it, and it's חמץ שעבר עליו הפסח. I'm just, that's a different thing, that you have to do the bedikah because you cannot live in a house that's not בדוק. That the