אם ירצה ה׳
Rav Miller ztl Gemerrah chiour
The Shakla V'Tarya in Pesachim 6b-7a reaches toward a subtle Kashya: If bitul chametz transfers ownership to no one, does not the very act of bitul paradoxically assert ownership—namely, the power to declare one's things ownerless? And if so, what is the precise moment at which that power of self-renunciation dissolves the legal link? Is it the moment of intention, the utterance of words, or the passage of time between declaration and Pesach?
This tension between the machshava (intention) and the ma'aseh (deed) remains the living heart of the sugya.
Shakla V'Tarya: Mapping Kashya → Terutz in 3-Line Arcs
Arc 1: The Ownership Problem - Kashya: How can bitul chametz work if one still owns the leaven? - Terutz: Through hefker—intentional renunciation transfers ownership to no one - Teaching: Ownership is a legal construct; intentional abandonment dissolves it
Arc 2: The Knowledge Requirement - Kashya: Does bitul require awareness of all chametz in one's possession? - Terutz: No; bedika followed by bitul covers all chametz, known or unknown - Teaching: The power of ritual declaration transcends individual knowledge
Arc 3: The Prophetic vs. Practical - Kashya: If chametz becomes ownerless, why not rely on bitul alone without bedika? - Terutz: Bedika is a Takkana—a safeguard ensuring thoroughness despite human frailty - Teaching: Law requires both intention (bitul) and action (bedika) for completeness
Arc 4: The Temporal Boundary - Kashya: Can one perform bitul after chametz is already discovered during Pesach? - Terutz: Only before Pesach; once the holiday begins, bal yera'eh is in effect - Teaching: Time creates legal zones; intention must precede the boundary condition
Pivot Table: Terms of Art Cross-Referenced with Legal Concepts
| Term | Definition | Concept | Application |
|---|---|---|---|
| Bitul Chametz | Nullification of leaven | Intent + Renunciation | Foundational mechanism |
| Bal Yera'eh | Prohibition of seeing | Biblical Source | Creates urgency for bitul |
| Hefker | Ownerless status | Legal Transfer | Enables bitul effectiveness |
| Bedika | Physical search | Practical Fulfillment | Complements bitul intent |
| Takkana | Rabbinic safeguard | Protective Ordinance | Mandates bedika practice |
| Issur | Forbidden status | Consequence | Result of violating bal yera'eh |
Talmudic Terms of Art in the Sugya
- Bitul Chametz (Nullification of Leaven) - The mechanism of rendering leavened products ownerless and ineffective
- Bal Yera'eh (Prohibition of Seeing) - The biblical prohibition against possessing or viewing chametz during Pesach
- Bal Yimatzei (Prohibition of Finding) - The biblical prohibition against discovering chametz in one's possession during Pesach
- Bedika (Search/Examination) - The ritual inspection of premises to locate and eliminate chametz
- Matzah (Unleavened Bread) - Bread prepared without leavening agent, eaten during Pesach
- Issur (Prohibition) - A forbidden act or object in Jewish law
- Hefker (Ownerless) - Property with no owner; rendering something hefker removes personal liability
- Takkana (Rabbinic Ordinance) - A ruling established by the Sages for communal benefit
- Kiddushin (Betrothal) - A legally binding commitment (used metaphorically for the relationship between person and chametz)
- Hora'at Sha'a (Temporary Ordinance) - A temporary ruling for specific circumstances
- Kulei Alma (The Whole World) - Universal agreement; used when all agree on a principle
- Stam (Anonymous Source) - An unnamed Tanna or Amora; their teaching represents normative law
- Shomer (Guardian) - One responsible for safeguarding property
- Dvar Sheikol Echad Yotzei Bo (A matter from which everyone benefits) - A principle applying universally