More Discussions for this daf
1. Shitas Rashi and Tosfos 2. Bracha Al Biur Chametz 3. R. Yose Hagelili
4. The Beer Controversy 5. Rebbi Shimon Machmas Davar Acher
DAF DISCUSSIONS - PESACHIM 28

Eric S. Solowitch asked:

The insights correctly brings the Rama that burning the chametz is a custom. Biur is a lashon of fire, burning:

Lo Seva'aru Eish b'Chol Moshvoseichem b'Yom ha'Shabbas.

We do not make a bracha on a custom. Why did Chazal structure the bracha with Biur in light of this instead of making the bracha on the mitzvah of "Tashbisu": al hashbasas chametz? Thank you.

Eric S. Solowitch, Cleveland, Ohio USA

The Kollel replies:

Technically Bi'ur, unless the word 'Eish' is added, is an expression of destroying, not necessarily of burning, as is evident from R. Yehudah and the Rabbanan, who dispute whether Bi'ur Chametz means by burning or using other methods; and even R. Yehudah only derives burning from Nosar, not from the Lashon of 'Bi'ur'. And this is corroborated by the Lashon of the Shulchan Aruch 451:1 'How is Bi'ur Chametz performed? One either burns it or breaks it into crumbs ... '. In any event, this must be the case, since the Sugya on Daf 7, which discusses the text of the B'rachah, does not hold specifically like R. Yehudah, but also according to the Rabbanan, who permit destroying Chametz in other ways.

The reason that we do not recite the B'rachah 'al Hashbasas Chametz', is because, as Rashi points out 'Hashbasah be'Leiv Sagi'. The Torah's Mitzvah of Hashbasah can be fulfilled with Bitul Chametz alone; and since the Rabbanan required Bi'ur (either by burning or by other means), they instituted the Nusach 'Al Bi'ur Chametz', to cover the Mitzvah mi'de'Rabbanan, whatever it may be.

As for your question regarding Minhag, I do not think that it is relevant here, since we are not speaking about a Minhag per se, but about a Mitzvah mi'd'Oraysa of destroying Chametz (after Bitul, perhaps, mi'de'Rabbanan). 'Minhag' refers merely to the way in which we destroy it (by burning it like R. Yehudah, as opposed to destroying it in other ways, like the Chachamim, like whom, strictly speaking, we rule), but when one does burn it, one is fulfilling a Mitzvah mi'd'Oraysa, and not just a Minhag.

be'Virchas Kol Tuv

Eliezer Chrysler.

The Kollel adds:

This is not merely a custom, but a way to fulfil a Mitzvah mi'd'Oraisa (see below). Even if it were a custom, there are times when we do make a Berachah on a custom, such as saying Hallel on Rosh Chodesh.

Additionally, there is a known question raised in the Minchas Chinuch (Mitzvah 9) whether the Mitzvah of Tashbisu is not to have any Chametz in your possession, in which case this is in fact a passive Mitzvah (Rashi and Rambam), or the Mitzvah is to actively burn Chametz (Tosfos).

According to Rashi and the Rambam, we can clearly understand that "Al Hashbasas Chametz" is not as good as "Al Biur Chametz," since we only make a Berachah on an active Mitzvah, not a passive one, and the word Tashbisu does not mandate any action (someone fulfills the Mitzvah d'Oraisa even if he does not own any Chametz). It is the Rabbanan who require that we destroy the Chametz after Bitul.

All the best,

Yaakov Montrose