The Laws of Pesach - Kitniyot
the laws of THE FESTIVALS
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In memory of Yakov Yehuda ben Pinchas Wallach
and Miriam Wallach bat
Tzvi Donner
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THE LAWS OF
PESACH
by Rav David
Brofsky
Lecture #5: The Laws
of Pesach
Kitniyot
Over the past few weeks, we discussed many of the halakhot relating to chametz: its definition, mixtures containing chametz, chametz which has spoiled, and the status of medicines and cosmetics that contain chametz.
As we noted previously, the laws of chametz are far stricter than the laws of ordinary maakahlot assurot (prohibited foods). One may not own chametz during Pesach, nor may one derive benefit from it. Furthermore, one who eats chametz incurs the punishment of karet, and we are commanded to destroy chametz in our possession before Pesach. We suggested a number of understandings of the severity of chametz.
We have also demonstrated that many Rishonim, especially those from Ashkenaz (France and Germany), rule strictly on matters relating to chametz. While all opinions agree that a mixture containing even the slightest amount of chametz (a mashehu) is prohibited, the Rema cites additional stringencies. For example, he applies the principle of chozer ve-neior to chametz, which means that even if chametz is mixed into a mixture of permitted substances, it wakes up during Pesach and prohibits the entire mixture. However, he limits this to mixtures of dry ingredients, and does not extend it to a mixture of lach be-lach (447:2). Similarly, he rules (447:10) that the principle of noten taam li-fgam does not apply to chametz on Pesach. Furthermore, he does not permit eating matza ashira on Pesach (462:1), and even writes that one should not eat food that was not watched to ensure that it did not come into contact with chametz. (447:5). Of course, the custom of some Ashkenazim (usually of Chassidic descent) not to eat gebrukts, matza that came into contact which water during Pesach, further demonstrates the strict inclination of Ashkenzim on Pesach.
This week, I would like to briefly discuss another area in which we see this tendency towards stringency in the laws of Pesach the prohibition of kitniyot.
Kitniyot
Possibly the most well known and certainly the most discussed stringency of Pesach is the prohibition of kitniyot. Ashkenazi Jews refrain from eating kitniyot during the entire week of Pesach. What is the source of this stringency?
The Talmud (Pesachim 35a) teaches that just as one can only fulfill the mitzva of eating matza with matza made from one of the five grains (wheat, spelt, barley, oats, or rye), only these grains can become chametz when mixed with water. Although one of the Tanaim, R. Yochanan ben Nuri, maintains that rice is a species of corn and karet is incurred for [eating it in] its leavened state, and a man discharges his obligation with it on Pesach, this opinion is not accepted as halakha.
In fact, the gemara (114b) reports that R. Huna, one of the Amoraim, did not accept the position of R. Yochanan ben Nuri:
Rabba used to be particular for beet and rice, since it had [thus] issued from the mouth of R. Huna. R. Ashi said: From R. Huna you may infer that none pay heed to the following [ruling] of R. Yochanan ben Nuri. For it was taught - R. Yochanan b. Nuri said: Rice is a species of corn and karet is incurred for [eating it in] its leavened state, and a man discharges his duty with it on Pesach.
Indeed, the Rambam (Hilkhot
Chametz U-Matza 5:1) writes:
The prohibition of chametz on Pesach only applies to
the five types of grain: two types of wheat, namely, wheat and spelt, and three
types of barley, namely, barley, oats, and rye. But kitniyot, such as rice,
millet, beans, lentils, and the like are not subject to [the prohibition of]
chametz. Even if a person
kneads rice flour or the like with boiling water and covers it with a cloth
until it rises like dough that ferments, it is permitted to be eaten, for this
is not fermentation, but rather decay.[1]
Despite these passages, some sources indicate concern that substances
other than the five grains can become chametz nukshe (partially
leavened). The Ritva (35b),
for example, cites opinions that suggest that although rice and millet cannot
become chametz gamur, they can become chametz nukshe. Similarly, the Maharam Chalava
explains that although rice and millet cannot become chametz, some types
of kitniyot can become partially leavened.
As we mentioned, almost all Rishonim, and well as the Shulchan
Arukh, reject this view, and rule that only the five grains listed in the
mishna can become chametz.
However, during early 13th century, the custom to refrain from
eating legumes (kitniyot) developed in
R. Peretz ben R. Eliyahu (d. c. 1300), in his comments to
the Smak (Sefer Mitzvot Katan),
writes:
Regarding kitniyot, such as beans, lentils
and the like, our
Rabbis practiced a prohibition not to eat them on Pesach
They did not
practice a prohibition because of the fermentation itself, for they would not
have erred in a matter that even school children
know
And therefore it seems right to maintain the practice and forbid all
kitniyot on Pesach - not because of the fermentation itself, for
it would be a mistake to say that, but rather because of a decree. Since kitniyot are a cooked dish,
and grain too is a cooked dish, were we to permit kitniyot, people might
come to mix them up
And it is also something that is piled up ("midi
demidgan"), like the five species [of grain]. There are also places where it customary
to make bread from them as from the five species, and those who are not
well-versed in the Torah are therefore liable to mix them up. (Hagahot Rabbeinu Peretz
222)
Rabbeinu
Peretz
describes this custom as a gezeira (Rabbinic enactment), and not a
result of confusion regarding whether these foods leaven. He claims that people
may confuse legumes with grains since they are cooked in a similar fashion, they
are both used to make bread, and they are even gathered in a similar way.
The
Tur (453) brings another reason for the prohibition of kitniyot:
Some authorities forbid the eating of rice and all other types of
kitniyot in a cooked dish because wheat might have become intermingled
with them. This is an excessive
stringency, and it is not the customary practice.
The Tur cites those who express concern that wheat kernels may
be mixed with other legumes in storage.
The Tur, however, describes this custom as an excessive
stringency. The Hagahot Rabbeinu Peretz cited above also records
opposition to this custom:
And my master R. Yechiel was accustomed to eat white beans
on
Pesach, and he would also say this in the name of great authorities
Nevertheless, it is very difficult to permit something regarding which the world
practices a prohibition from the time of the ancient
Sages
Similarly, the Or Zarua (2:256) cites the custom to refrain
from eating kitniyot, but then notes that R. Yehuda of
R. Yaakov Moelin (Maharil; 1365 1427)
codifies this custom. He writes
(Sefer Maharil [Minhagim], Hilkhot Ma'akhalot Assurot
Be-Pesach, s.v. [16] kitnit):
As for all kinds of kitniyot the Maharash said that
it was decreed not to cook them on Pesach. Even though it is only the five grains
wheat, barley, spelt, oats and rye that ferment, nevertheless, because of them
they decreed about all kinds of kitniyot. One must not say that since no Torah
prohibition is involved, there is nothing to be concerned about, for anyone who
transgresses a rabbinic decree is liable for the death penalty and violates the
prohibition, "You shall not deviate from what they tell
you."
The Rema summarizes in his comments to the Shulchan
Arukh (453:1):
And there are those who forbid this (Tur; Haggahot
Maimoniyot, chap. 5; and Mordekhai, chap. kol sha'a). And the customary practice in Ashkenaz
is to be stringent, and one must not deviate. It is obvious, however, that we don't
forbid be-diavad if they [kitniyot] fell into the pot. Similarly, it is permissible to light
with oils made from them, and we do not forbid if they fell into the pot. And similarly it is permissible to keep
kitniyot in the house (Terumat Ha-Deshen, no.
113).
R.
Yaakov Emden (1697-1776)
laments that no one has abolished this custom. He writes (Mor U-Ketzi'a
453):
I can testify about my father, the gaon, ztz"l, how
distressed this righteous man was about this
I, therefore, say that whoever
abolishes this custom not to eat kitniyot may my lot be with him. I wish that the great authorities of the
generation would agree with me
.
Despite this opposition, the custom of Ashkenazim is to refrain from
eating kitniyot on Pesach.
Apparently, this custom became very entrenched in early Ashkenazi
practice. The Terumat Ha-Deshen (453) was even asked whether
kitniyot that came into contact with water must be destroyed. He responds that one may even keep
kitniyot in ones procession over Pesach, as we shall discuss
below.
Definition
of Kitniyot
The Acharonim discuss the extent to which the
definition of kitniyot is botanical or functional. Furthermore, they debate whether we
forbid items that technically fit the definition of kitniyot but were not
originally included in the enactment against kitniyot.
The Rambam (Hilkhot Kilayim 1:8), in defining kitniyot for the purposes of other agricultural halakhot, distinguishes between grains (which include wheat, wild wheat, barley, oats, and spelt), kitniyot (which include seeds that are eaten, such as beans, peas, lentils, millet, rice, sesame seeds, poppy seeds, white peas, and the like), and garden seeds (onion seeds, garlic seeds, leek seeds, ketzach seeds), cabbage seeds, and flax seeds), which are not fit for human consumption.
Early
authorities (Maharil, Minhagim, Maakhlot Assurot Be-Pesach 19), cited by
the Darkhei Moshe and Rama (464), discuss whether seeds that are
not edible can be considered kitniyot. They include mustard in the category of
kitniyot in regard to Pesach, despite the fact that mustard, as
described by the Rambam (ibid., ch. 2) is not kitniyot! The
Taz (453:1) explains that since mustard grows in pods, in a similar
fashion to kitniyot, it is prohibited.
The Posekim disagree as to whether peanuts should be considered kitniyot. R. Tzvi Pesach Frank (Mikraei Kodesh II:60), for example, notes that peanuts are not generally cooked or gathered in a fashion similar to kitniyot, He concludes, however, that the common practice is not to eat peanuts on Pesach. R. Moshe Feinstein (Iggerot Moshe, Orach Chaim 3:63), however, disagrees. He argues that we clearly do not refrain from foods from which one can in theory make flour, as it is not customary to prohibit potatoes, a common source of flour, on Pesach. Furthermore, he insists that we do not refrain from eating foods that are commonly stored with wheat. Rather, he argues that we only forbid that which was prohibited explicitly. He explains that the prohibition of kitniyot applies to those foods that people refrained from eating either because they often mix with wheat or because they are commonly used to produce flour. However, foods that did not exist at the time of the development of this custom, such as potatoes, were not prohibited. Therefore, in areas in which people did not refrain from eating peanuts, one may eat peanuts.
R. Feinsteins rationale calls into question the common custom to refrain from eating soy beans on Pesach.
Interestingly, the Chayye Adam (Nishmat Adam, Pesach, 20) records that some people actually did not eat potatoes on Pesach because they are used to make flour. It is, however, customary to eat potatoes on Pesach,
Shemen
Kitniyot -
Oil Derived from Kitniyot
The Acharonim disagree regarding whether one may eat
kitniyot derivatives.
Some Acharonim (Nishmat Adam 33; Avnei
Nezer, Orach Chaim 373)
rule that one may not consume oil produced from kitniyot. Others write that fundamentally, oils
derived from kitniyot are permitted. Therefore, the Terumat Ha-Deshen
(113) implies that only oils produces from kitniyot that are soaked in
water before processing are prohibited.
R. Yitzchak Elchanan Spektor (1817-1896) is even more lenient (Beer
Yitzchak 11). He permits oil
derived from kitniyot as long as the kitniyot are carefully
checked for grains of wheat before they are processed. R. Chanoch
Agus (Marcheshet,
Orach Chaim
3) also rules that one may use shemen kitniyot as long as the
kitniyot are boiled before they come into contact with water and are
carefully checked for grains. The
Rema cites the Terumat Ha-Deshen.
R. Avraham Yitzchak Ha-Kohen Kook (1865-1935) permitted
sesame oil during his tenure as Chief Rabbi of Yaffo (Orach Mishpat,
108-114). He argues that since the
sesame seeds are not exposed to water before processing, the oil is
permitted. The Eida
Ha-Chareidit forcefully objected and prohibited this oil.
R. Kook, in addition to his halakhic argument,
writes:
In truth, this way of my teachers, the wise and righteous men I
merited to serve, their merit should protect us and all of
He also warns that being stringent regarding matters that can easily
be permitted will cause a great chillul
Hashem.
Soy oil is produced in a manner similar to sesame oil; the soy beans are
not exposed to water before processing.
While some authorities permit using cottonseed oil (Mikraei
Kodesh 2:60), as is the practice of the Orthodox Union kashrut
agency, for example, R. Yitzchak Weiss (Minchat Yitzchak 3:138) rules
stringently. In
As mentioned above, the Acharonim discuss whether
peanuts are considered kitniyot.
While R. Moshe Feinstein (Iggerot Moshe, Orach Chaim 3:63) doubts
that they are considered kitniyot, others (R. Tzvi Pesach Frank,
Mikraei Kodesh 2:60; Chelkat Yaakov 97, Seridei Eish
1:50) prohibit eating peanuts, although they permit its oil.
Canola oil, produced
from rapeseeds, was first approved for food use in the
R. Avraham Bornstein (Avnei Nezer; 1838 1910) discusses oil produced from rapeseeds in two separate responsa. In the first (533), he permits rapeseed oil as long as the seeds are processed dry and the oil is boiled before it is mixed with water. In a responsa written four years later (373), he prohibits using rapeseed, equating them with mustard seeds, which are prohibited. R. Shalom Mordechai Shwadron (1835 1911), in his responsa (Maharsham, 1:183), permits using oil from rapeseeds, as long as the process of production is dry.
While the Ashkenzi kashrut organizations in
Kitniyot
for the Sick and Children
The Posekim question whether to permit kitniyot in times of great duress. The Chayye Adam (127:1), for example, permits eating kitniyot when there is nothing else to eat. In the Nishmat Adam, he relates that in 1771, there was a great famine and they convened a beit din in order to permit cooking kitniyot on Pesach. Others, such as the Maharam Padua (48) and the Divrei Maikhiel (1:28), concur. Similarly, the Arukh Ha-Shulchan (453:5) suggests that the original custom to refrain from eating kitniyot was conditional; in a year of famine, when the poor are hungry, the communal leaders gather and permit eating kitniyot for that year. The Teshuva Me-Ahava (259), however, rejects this notion, arguing that since this custom has been accepted by all of Ashkenazi Jewry, even Shmuel Ha-Ramati and Eliyahu and his court cannot permit rice and other kitniyot on Pesach.
The Chayye Adam (7) adds that in times of great need, for a person who is sick or for a child, one may permit kitniyot.
One who must eat kitniyot on Pesach should preferably use a separate pot and separate utensils (Maharam Shick, Orach Chaim 241). One may use a pot that had been used to cook kitniyot if 24 hours have passed (Kaf Ha-Chaim 453:27).
Owning Kitniyot and
Kitniyot Mixtures During Pesach
As mentioned above, the Terumat Ha-Deshen (113) writes that one may keep kitniyot in his procession during Pesach, as it is not considered to be chametz. Furthermore, one can also derive benefit from kitniyot, such as by using kitniyot oil in order to fuel a fire. Although the Maharil (Teshuvot 25) cites the chassidim ha-rishonim who refrained from deriving benefit from kitniyot on Pesach, the Rema (453:1) rules that one may keep kitniyot during Pesach.
Furthermore, the Terumat Ha-Deshen (113) permits a mixture containing kitniyot, unlike a mixture containing chametz. The Acharonim (Chayei Adam 127; Mishna Berura 453:9) rule that kitniyot are batel be-rov, a majority, and shishim (sixty parts of non-kitniyot) is not required.
Some recent Israeli authorities have suggested that products containing a minority of kitniyot oil and produced by those who do not refrain from eating kitniyot (Sephardi Jews) are permitted on Pesach, as the principle of ein mevatlin issur le-chatchila and its ramifications should not be applicable. Seemingly, this depends on the question of whether one may eat food containing a minority of non-kosher ingredients (less that 1/60) produced by non-Jews (see Noda Be-Yehuda, Yoreh Deah 56 and Teshuvot Ha-Rashba 2:214). Furthermore, larger, global considerations regarding the preservation of the custom of kitniyot may also be relevant.
R. Ovadia Yosef (Yechave Daat 5:32) discusses whether an Ashkenazi Jew, who does not eat kitniyot, may eat at the home of a Sephardi Jew on Pesach. He concludes that he may eat on his utensils, even those used for kitniyot within the past 24 hours.
[1] Dr.
B. P. Munk (Techumin 1, pp.97-99) describes the chemical difference
between a process of chimutz (becoming chametz) and
sirchon. He explains that
wheat flower contains an enzyme called beta-amylase, which breaks down the
starch into glucose (sugar). The glucose is then converted into
alcohol. When the alcohol
evaporates (producing a pleasant smell), the dough rises. Rice, however, lacks the
beta-amylase. Although other
enzymes contained in rice generate a slow process of fermentation, another
enzyme causes the dough to decay before the process is completed. This is why the Sages explain that rice
does not ferment, but rather decays.