ZAF asked:

Kvod hoRabonim, nR"u

You've written in your daf insights:

>> (b) TOSFOS (DH Rav Ashi) and other Rishonim conclude that a Jew is permitted to own Chametz on Pesach as long as he has intention to destroy it. He is even permitted to buy Chametz, l'Chatchilah, in order to use it as fuel, according to Rebbi Yosi ha'Glili. The reason for this is because the prohibitions of Bal Yera'eh and Bal Yimatzei are "Nitak l'Aseh" -- they can be rectified by the fulfillment of the Mitzvas Aseh of "Tashbisu," the Mitzvah to destroy Chametz. When the person fulfills the Mitzvas Aseh, retroactively his transgression of the prohibition is uprooted (see Makos 15a, "Kiyemo v'Lo Kiyemo," and RASHI DH Hanicha l'Man d'Tani).

(c) TOSFOS RABEINU PERETZ explains, like Tosfos, that if a person buys Chametz on Pesach with intention to destroy it, he does not transgress Bal Yera'eh and Bal Yimatzei. However, he gives a different reason. From the moment that a person begins to be involved in destroying Chametz, his Chametz is considered as though it has been destroyed. Therefore, from the moment that the Jew redeems the Chametz with intention to burn it, the Chametz is considered to have been burned already, and he is not in possession of Chametz. <<

- - - You've no doubt seen the Shaagas Aryeh Tshuvoh #81 where he asks that there is no hetter to do an aveiroh with the intention to rectify it with an Assei that is nitak. See Haksav V'hakaboloh on Shmos 12:15, where he says a major chidush in the simple reading of the posuk. He answers the Noda Byehudoh's question of where in the Torah is there a mitzvoh of Tashbisu after the eve of Pesach. As well, he answers the Shaagas Aryeh by basically saying the same as Rabbeinu Peretz is the intention of Tosfos 29b (R'Ashi) at the bottom.

Naturally this line of thought is negated totally unless we have a mitzvoh of Tashbisu throughout Pesach, not just as a way of stopping Bal yeiro'eh mikan ulhabo.

See also Haksav V'hakaboloh on verse 18, where he has a number of difficulties with the Ran on bal yeiro'eh, bitul, and Tashbisu at the beginning of Psochim.

ZAF, Toronto - Canada

The Kollel replies:

We had an audio lecture delving into this subject in depth last Sunday. B'Ezras Hash-m it will go online soon.

We sent your remarks to Rav Meir Kaplan, the Magid Shiur, for comment.

Thank you for your insights.

Kollel Iyun Hadaf