1,110. Not Possessing Chometz

Chometz u’Matzah 4:1

Exodus 13:7 commands that “no chometz shall be seen to you.” One might think it would be permitted if the chometz were buried or entrusted to a non-Jew, therefore the Torah specifies that “leaven shall not be found in your homes” (Exodus 12:19), i.e., even if it is buried or entrusted to a non-Jew. One might think that one only violates the law if chometz is actually in his house but not outside, in a field or in another city. Therefore, the Torah specifies “in all your territories” (Exodus 13:7), i.e., anywhere you possess. One might think that we have to remove chometz that belongs to a non-Jew or that was consecrated. Therefore, the Torah says, “to you,” from which we learn that one may not see his own chometz but he may see chometz that belongs to others or that was consecrated.

Chometz u’Matzah 4:2

We can infer that if a Jew has chometz in his possession, even if it was buried, in another city or entrusted to a non-Jew, he violates the prohibitions against seeing and possessing chometz. If chometz that was consecrated or that belongs to a non-Jew is on a Jew's property, even in the house with him, it is permitted because the chometz doesn’t belong to him. Even if the chometz belongs to a resident alien (ger toshav) who lives under Jewish authority, we do not compel him to remove the chometz from his property on Passover. However, one must erect a partition at least ten handbreadths high (approximately 30”) blocking the chometz that belongs to a non-Jew to ensure that one doesn’t come to use it. This is not necessary in the case of consecrated chometz because everyone is careful to avoid consecrated property out of concern that they might commit misappropriation.