Among the items listed in the
Mishnah that must be burned is
hametz – leavened bread – on Passover. Must
hametz be burned or can it be removed or destroyed in other ways, as well?
The
Gemara on today’s
daf (=page) argues that by listing
hametz as something that is burned, the author of the Mishnah is identifying with the opinion of
Rabbi Yehudah who rules that the only method of destroying
hametz is burning. In fact, the Mishnah in
Massekhet Pesahim (
daf 21a) brings the opinion of the Sages that it is permissible to destroy
hametz even by crumbling it up and tossing it in the wind or throwing it into the sea.
In explanation of this disagreement, an interesting suggestion is made by
Rabbi Hayyim Soloveitchik in his
Hidushei Rabbi Hayyim HaLevi (Hilkhot Hametz U’Matzah). Rabbi Soloveichik argues that these two positions depend on the basic definition of
bi’ur – destruction – of the
hametz. Is this a purposeful command, so that the very act of burning
hametz is the fulfillment of a
mitzvah, or is the commandment merely a requirement to ensure that the individual’s property will be cleared of
hametz? Rabbi Yehudah who is meticulous about the quality and means of destroying the
hametz, requiring that it be burned, believes that the
mitzvah is actually eradication of the
hametz. The Sages who permit any manner of destruction do not see the eradication of
hametz as a commandment in itself, as it is merely the means to an end – the removal of
hametz from the person’s property.
Although our Mishnah presents Rabbi Yehudah’s opinion without comment, nevertheless the halakhah follows the Sages, and hametz can be destroyed in any manner, although it is nevertheless customary to burn it (see Rema, Shulhan ArukhOrah Hayyim 445:1).