Halacha Guidelines for Pesach Tevilas Keilim, Hagola, Mechiras Chometz, Biur Chometz

From the Rabbomim of the Five Towns Community
BS"D
Rosh Chodesh Nissan, 5780
March 26, 2020

Lichvod our Wonderful and Special Community amu"sh:

Shalom U'vracha, and hoping that you and your families are managing well, and doing your best to remain in good spirits during these difficult and turbulent times. Our thoughts and heartfelt tefillos are with all those in need of refu'os v'yeshu'os, and we will continue to fervently daven together to merit sharing only besuros tovos henceforth IY"H.

What follows are important instructions and guidelines concerning various pre-Pesach topics-- as agreed upon by many local Roshei Yeshivos and Rabbonim working in unison. Please keep in mind that what appears below are often general guidelines; each individual is strongly advised to consult with his Rav for p'sak halacha in specific cases and unique situations.




I. TEVILLAS KEILIM

1) Nature of the Utensil

A. Newly acquired (metal and glass) utensils that were previously owned at any time by a non-Jew, must be properly toveled in a kosher mikvah before use (regardless from whom the kli was actually purchased). Contrary to a popular misconception, even a single use of the kli is prohibited before tevilla (Rema, Y"D, 120:8). Consult with your Rav regarding the various materials: what requires tevilla, with and without a bracha, etc. (Wood, stone, rubber, and plastic (according to most Poskim), do not require tevilla. Earthenware vessels (כלי חרס) also do not, but- according to most contemporary Poskim- porcelain (china) should be immersed without a bracha. (See, however, Shu"t Igros Moshe, Y"D, vol. 2, end of #46.)

Only those utensils used in the preparation and/or serving of food require tevilla. According to the vast majority of Poskim, electrical appliances do require tevilla (Shu"t Igros Moshe, Y"D, 1:57; Shu"t Minchas Yitzchak, 2:72; Shu"t Shevet HaLevi, 2:57).

B. If one is in a situation wherein he finds it very difficult to properly perform tevillas keilim, one should then try and use dispensable utensils whenever possible-- relying on Rav Moshe Feinstein zt"l that disposable aluminum utensils do not require tevilla. (See Shu"t Igros Moshe, Y"D, 2:164 (and Y"D, 3:22).) Disposable aluminum pans and baking tins that are typically discarded after use, do not require tevilla even if they are used multiple times. Hence, for this year, in particular, the use of disposable utensils is recommended. It should be noted, however, that there are Poskim who do require aluminum pans to be tovelled; therefore, it is advisable to locate the pans available on the market that are manufactured by Jews-- and thus all would agree there is no need for tevilla.   

2) Location of the Tevilla

A. One may immerse the kli in an ocean, a natural spring or well, or a kosher mikvah under active supervision. The utensil must be completely immersed together with its attached handle, even if the handle is made of wood or plastic.

B. *In light of the current coronavirus crisis, it is ideal to perform tevillas keilim in the ocean (or natural spring or well...) this year-- if it is feasible, practical, and fully safe to do so. One should first wet his hand, then fully submerge the entire kli in the calm ocean water (not in a wave), without any part remaining above the water's surface. 

C. If necessary, keilim mikva'os may be used, provided that the following guidelines are strictly adhered to:

1. While chlorine has been added to the Far Rockaway and Kol Save keilim mikva'os to minimize any virus-related risks, it is crucial that hands (and utensils) be washed and cleansed thoroughly (with soap/disinfectant) both before AND after use. All surfaces should be wiped down carefully.

2. ONLY ONE PERSON MAY USE THE MIKVAH AT A TIME. Absolutely no congregating, schmoozing, or lingering should take place in the environs of the mikvah. If you arrive to see someone in the midst of tovelling keilim, please wait patiently in your car until you see the person exit.

3. To minimize the time (and in consideration of others), all utensils should first be prepared at home, removing all chatzitzos-- wrapping, labels, stickers, adhesives, and glue.

4. Under no circumstances may an individual in quarantine, or one exhibiting coronavirus-like symptoms, use the keilim mikva'os-- even if all the aforementioned precautions are followed.   

D. If none of the above options are practical, or there are additional extenuating circumstances, consult with your Rav regarding other options such as: selling/transferring ownership to a non-Jew (Y"D, 120:16); or renouncing ownership of the utensils (declaring it הפקר) in front of three people. 

E. Due to the statewide mandatory social distancing guidelines, there will be no publicly performed Hag'a'las Keilim taking place.



II: MECHIRAS CHAMETZ

1) Due to the necessary restrictions of social distancing currently in place, changes have been implemented in carrying out the "mechiras chametz" authorizations forms (שטרי הרשאה) this year. Each Rav will address the issue in the manner he sees fit, ensuring that the forms are properly filled out and clear authorization (גמירת דעת) is in place for the Rav to carry out the actual sale with the non-Jew.

[.קבלת קניןֿ - קנין סודר - שנוהגים לעשות בכדי לחזק מינוי השליחות, אינו מעכב] 

2) The actual sale of all the chametz from the authorized Rav to the non-Jew will take place in person (with a proper בית דין), and performed with all the requisite kinyanim- while naturally maintaining crucial safety precautions. (There will be a mechira on the mornings of both י׳׳ג and י׳׳ד ניסן, and the chametz will be bought back from the non-Jew approximately one hour after Pesach ends.)



III: BI'UR CHAMETZ

1) PLEASE NOTE: There will be no public burnings of chametz this year. (Please do your utmost to ensure that we avoid any and all Chilul Hashem-- we must abide fully by the rules, regulations, and restrictions outlined by our local authorities.) 

2) The 'token' ten pieces you collected from your bedikas chametz (performed the night of erev Pesach), should be flushed down the toilet (commode) on the morning of erev Pesach, as a fulfillment of the mitzvah of Bi'ur Chametz ("תשביתו"). That is followed by the recitation yet again of the nusach of Bittul Chametz ("׳׳כל  חמירא). The remainder of the chametz in your possession shall be placed in your outdoor garbage cans (and declared hefker), then moved to the front of your home to await the next garbage pickup. 



IV: TA'ANIS BECHORIM

1) In light of the mandated social distancing, we naturally cannot celebrate a siyum together the morning of erev Pesach in the typical manner. While it is certainly preferable if each individual can make a siyum on his own, one may indeed join with another person's siyum celebration even via a live "Zoom" conference, and even over the phone.  Each Rav/Shul will arrange accordingly.

A. A minyan is not required at the siyum (Kaddish need not be recited).

B. Upon joining (listening in to...) a siyum- thereby exempting himself from fasting- one should not just sit down afterward to his regular breakfast. Rather, he should try his best to eat something extra, something special in honor of the siyum.

2) People should not be fasting. If one is unable to join a siyum (even via the internet or phone), one may "redeem" the fast by allocating money to tzedaka instead. (He should ideally redeem the fast with an amount equivalent to how much he typically spends on his daily meals.) 

ANOTHER REMINDER REGARDING MINYANIM: WE REITERATE EMPHATICALLY THAT, AT THIS POINT IN TIME, NO MINYANIM AT ALL SHOULD BE TAKING PLACE- INSIDE OR OUTSIDE. NO EXCEPTIONS.

Additional halachos, directives, and guidelines will IY"H be forthcoming as we get closer to the upcoming Chag HaPesach, "Z'man Chei'ru'seinu."

Bi'ezras Hashem Yisbarach, our truly incredible Five Towns/Far Rockaway community will continue to steadfastly learn, sincerely daven, and seriously shteig, mei'chayil el chayil, each and every precious day. We will continue incessantly our beautiful displays of achdus and remarkable and bountiful acts of chesed, arousing the rachamei Shamayim merubim that will bring us the ultimate nechama and a geula shi'leima bi'karov mamash!

Stay strong acheinu B'nei Yisroel! Fortify your emunah and bitachon, and lift up your spirits as a loving Eved Hashem who firmly believes that the ultimate geula is just around the corner... And that HaKB"H loves and treasures us far more than we can ever imagine. IY"H we will join together bi'achdus gemurah in eating the Korban Pesach this year with Mashiach Tzidkeinu in the Beis HaMikdash BB"A!

Besuros tovos and Kol Tuv tamid,

Bi'ahava rabba u'beyedidus netzach,

(In alphabetical order:)

R' Yaakov Bender

R' Dovid Bender

R' Yisroel Meir Blumenkrantz

R' Meir Braunstein

R' Moshe Brown

R' Pinchas Chatzinoff

R' Shaul Chill

R' Ariel Edelstein

R' Eytan Feiner

R' Yaakov Feitman

R' Dovid Fordsham

R' Binyamin Forst

R' Yitzchak Frankel

R' Daniel Glatstein

R' Nosson Greenberg

R' Elisha Horowitz

R' Yaakov Horowitz

R' Naftali Jaeger

R' Yehoshua Kalish

R' Tzvi Krigsman

R' Simcha Lefkowitz

R' Nosson Neuman

R' Uri Orlian

R' Yechiel Perr

R' Zvi Ralbag

R' Elysha Sandler

R' Aaron Stein

R' Asher Stern

R' Mordechai Stern

R' Moshe Weinberger

R' Pinchos Weinberger

R' Akiva Willig

R' Shmuel Witkin

R' Zalman Wolowik

R' Mordechai Yaffe