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Thursday, April 14, 2011

Ask Rabbi Pinky: On the Laws of Pesach (Passover)

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Ask Rabbi Pinky: On the Laws of Pesach (Passover)

Rabboisai,

In anticipation of the upcoming Yuntif, I would like to address an issue related to Hilchois Pesach

"The Anonymous Minuval" writes:

Rav Pinky,

Am I allowed to perform oral favors on my wife on Pesach if she has a yeast infection?

Well, my beloved, gutter-minded talmid, this is a delightful question that I have been asked several times before, all by members of the Ashkenazic tradition, since, as everyone knows, Sephardic Jews have not subscribed to this approach to marital fulfillment since the expulsion from Spain in 1492.

With regard to your question, yeast is not in and of itself chometz (leaven), but is in the category of chometz-related matter. Hence, Chazal would certainly hold that you could NOT perform oral favors on your wife, though you are not required to dispose of her during Pesach.

However, if you are of the practice of performing oral favors on your wife with the aid of a chometzdikkeh food, say -- pudding, the issue becomes more complex. BeDiyeved, there are those that say that the Halacha would view this as similar to yeast, or a kli (a cooking utensil), and, therefore, you may keep your wife in your possession, as long as you do not perform oral favors on her during the course of Pesach.

Lechatchilah, however, if we consider a wife's private parts as food, and therefore, having been exposed to the chometz, the privates take on the nature of chometz, since chometz is not battul afilu be'elef (is not considered insignificant, even if it is an infinitesmal fraction of the food in question), then you must dispose of the chometz prior to Pesach, preferably by burning.

However, in our day, our Rabbis have determined an alternative approach, as we use with other valuable chometz investments. You are allowed to sell your wife's Erva to a gentile, provided you not benefit from it for eight days. And, of course, you have to provide access to the gentile at any time that the gentile so chooses to take possession of the chometz.

How is this contractual arrangement made? There are those that are more lenient, and say a verbal sales agreement is enough to drive the exchange of possession. However, the majority of Achroinim hold that there has to be a symbolic physical transfer of possession. In real estate sales, this is typified by a kinyan sudor, or exchange of possession using as handkerchief as a proxy. In this instance, however, an exchange of your wife's underwear would be the preferred mode.

As well, the Rabbis note, it is customary the night before Pesach to include your wife's Erva when performing Bedikas Chometz in your home. Your wife will certainly welcome the feather, but be careful with that wooden spoon!

Ah Gutten Shabbos You Minuval

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