The Daily Halacha Moment - Hotel & Bedikat Chametz 🕯️
״כל השונה הלכות בכל יום - מובטח לו שהוא בן העולם הבא״ (נידה עג ע״א, מגילה כח:)
“Anyone who studies Halachot every day is guaranteed that he is destined for the world-to-come” (Megilla 28b, Niddah 73a)
Question:
Does one need to perform bedikat chametz if one stays in a hotel or rented house over pesach?
Answer:
If a person will be spending Pesach away from home and arrived at his destination prior to the night of the fourteenth, he is obligated to perform bedikat chametz there. [1]
A person who rents an apartment from a non-Jew over Pesach must perform a bedikah, even if the key was still in the hands of the non-Jew on the night of the fourteenth of Nissan. [2]
If the key to an apartment is in the tenant’s possession on the thirteenth of Nissan, the tenant is required to perform a bedikah. [3]This halachah applies even if he has no intention of moving in until after Pesach. In such a situation, both the tenant and the owner should nullify any chametz in the apartment. [4]
If a person rents a house on the fourteenth by day (or at night, after the bedikah could have been performed) and does not know whether a bedikah was already performed, he should clarify with the owner or a family member of his. If the owner is out of town or unavailable, one may assume that he performed a bedikah, and the new tenant is only
required to nullify the chametz. [See footnote 5]
One who arrived at a hotel on erev Pesach during the day and will be staying there throughout Pesach must perform bedikat chametz in his hotel room (without a berachah) even though he already performed one in his home the night before. [6]
Similarly, A yeshivah student is obligated to perform bedikat chametz in his dorm room without a berachah, even if he will not be there during Pesach. [7]
Sources:
[1]. Shulchan Aruch 437:1.
[2]. Yalkut Yosef, Pesach, vol. 1, p. 542.
[3]. Shulchan Aruch 437:1.
[4]. Mishnah Berurah 437:6.
[5]. Shulchan Aruch 437:2. Obviously, this is assuming that the landlord is an observant Jew and there is a likelihood that he actually performed a bedikah before leaving. See Yalkut Yosef, Pesach, vol. 1, p. 553, which points out that if the owner is not Torah observant, he may not be believed that he did a proper bedikah.
[6]. Yalkut Yosef, Pesach, vol. 1, p. 566.
[7]. See Teshuvot VeHanhagot 1:287; Shalmei Moed, p. 315; and Yalkut Yosef, Pesach, vol. 1, p. 572.
See Laws Of The Holidays - Nacson
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