Why do Talmidey Chachamim need to do bedikah anyway. Do we not say Ha osuk bemitzva patur min hamitzva? Surely a whole night of learning shouldnt be utilised because of the chashash of not fulfilling the Rabinic mitzva of Bedikat Chametz
Henri Sueke, Sydney, Australia
The rule of Osek b'Mitzvah regarding Talmud Torah is that one is only exempt if the second Mitzvah is a Mitzvah which is "Efshar la'Asos Al Yedei Acheirim" -- "can (will) be done by others." Being that this is usually a Mitzvah which is "Ee Efshar la'Asos Al Yedei Acheirim" -- "cannot (will not) be done by others," a Talmid Chacham is obligated in doing the Mitzvah himself, if no one else will do it for him.
Moreover, eating Chametz on Pesach is a very serious prohibition, which has seen many great sages declare various stringencies in order to ascertain that they do not transgress the prohibition of having, and certainly eating, Chametz over Pesach. Together with the fact that one fulfills the Mitzvah of Bedikas Chametz when he is doing the Bedikah, his time is being well spent indeed.
(Additionally, it is a rare person who will actually spend a whole night doing Bedikas Chametz.)
Take Care,
Yaakov Montrose