Chametz That was Forgotten About and Discovered after Pesach

After Pesach, while putting away my Pesach dishes, I spotted a box of cookies on top of a tall cabinet. It turns out that my husband had brought them home weeks earlier as a surprise for the children. He hid them on top of the cabinet and then forgot they were there. Were we in violation of owning chametz on Pesach? Can these cookies be eaten, or must they be thrown away (chametz she’avar alav Ha’Pesach)?

On Erev Pesach, we recite the paragraph kol chamira to nullify any chametz that is in our possession. This statement is enough to absolve us of the Biblical prohibition of owning chametz on Pesach, even if it turns out that we had chametz in our possession. Additionally, Chazal required that on the night before Pesach, we do bedikas chametz (conduct a thorough search for chametz). If you complete both of these steps, then even if it turns out that there was chametz hidden somewhere in your house, you did not violate any prohibition. Nevertheless, Mishnah Berurah (448:25) writes that one may not eat this chametz after Pesach. Chazal were concerned that one might try to circumvent the requirement of getting rid of the chametz and pretend to have fulfilled the requirement. However, if you sold your chametz with your Rabbi, and the contract stipulates that all chametz in your home is included in the sale, no matter where it may be located, then the cookies may be eaten after Pesach.

The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt”l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.