Pesachim 6a: Chametz Belonging to Non-Jews in Jewish Possession

Full Summary

This shiur provides an in-depth analysis of Pesachim 6a, focusing on the Gemara (גמרא)'s teaching about chametz belonging to non-Jews (nochri) found in a Jew's possession or domain. The discussion centers on the braisa that states: "Tanu Rabbanan: A non-Jew who enters the courtyard of a Jew with his package in his hand - one is not obligated to remove it." Rabbi Zweig begins by examining Rashi (רש"י)'s interpretation, which presents several difficulties. Rashi explains that "b'tzeidah ub'yadah" (with his package in his hand) means literally in the non-Jew's physical possession, and that one cannot force the non-Jew to leave. This raises the fundamental question: if the chametz is literally in the non-Jew's hand, why would there be any obligation for the Jew to remove it in the first place, since it's clearly not in the Jew's possession? The shiur explores the progression of cases presented in the Gemara: 1) When the chametz is literally in the non-Jew's hand while he has permission to be in the Jew's domain, 2) When the non-Jew puts the chametz down but without the Jew accepting responsibility (kabbalas achrayus), and 3) When there is explicit acceptance of responsibility or designation of a specific place (yichud lo bayis). A central difficulty emerges regarding what constitutes the Jew's "reshus" (domain). Rabbi Zweig struggles with Rashi's position that even when chametz is physically in someone else's hand, there could still be an obligation to remove it. He suggests that Rashi must be referring to cases where the non-Jew has been given explicit permission (reshus) to be in the Jewish domain, making his presence and possessions a form of Jewish responsibility. The analysis then turns to the concept of "kabbalas achrayus" (acceptance of responsibility). According to the Gemara, when a Jew accepts responsibility for the non-Jew's chametz, he becomes obligated to remove it. The shiur examines what level of responsibility triggers this obligation - whether it requires formal guardianship with liability for theft and loss, or merely agreeing to watch the items. Rabbi Zweig discusses the case of "yichud lo bayis" (designating a specific area), where the Jew tells the non-Jew to place his chametz in a particular location. According to one interpretation, this creates an exemption because the Jew has excluded himself from that specific area, making it no longer his domain. The shiur addresses Tosafos (תוספות)'s challenges to Rashi's interpretation, particularly regarding why the concept of yichud lo bayis would be necessary if there's already no obligation when there's no kabbalas achrayus. Tosafos suggests that yichud lo bayis works because it's considered as if the chametz is in the non-Jew's house rather than the Jew's house. Practical applications are discussed, including a real-life scenario where chametz was delivered by mail during Pesach (פסח). The shiur examines whether this constitutes chametz in one's reshus and what obligations exist for its removal. The analysis concludes with an examination of the dispute between Rav Pappa and Rav Ashi regarding the source of these laws - whether they derive from biblical verses or from logical reasoning (sevara). This leads to broader questions about the nature of possession and responsibility in Jewish law. Throughout the shiur, Rabbi Zweig demonstrates the complexity of determining when chametz belonging to others creates obligations for Jews, emphasizing that the key factors are the degree of permission granted, the level of responsibility accepted, and the specific location where the chametz is placed.