Rav Blumenkrantz ZT"L on Kitniyos

Submitted by J

Here is an excerpt from Rav Avrohom Blumenkrantz's ZT"L famous "The Laws of Pesach" digest for sale at your local Jewish Bookstore and highly recommended.

WHAT ARE KITNIYOS?

The Torah forbids us to eat chometz (leaven) on Pesach, Something becomes chometz when flour and water mix together long enough for the dough to rise. The Mishnah (Pesachim 35a) rules that chometz can be produced only from certain grains: wheat, barley, rye, spelt, and oats.

Millet and rice are not included in this list, explains the Mishnah, because they spoil and do not ferment. However, Rabbi Yochanan Ben Nuri includes rice in the list of grains that can potentially become chometz. The Gemara (Pesachim 114b) states that Rabbi Yochanan Ben Nuri is a lone authority concerning this topic. The Rishonim therefore rule in accordance with the majority view, which contends that rice cannot become chometz. The Rambam, for example, writes (Hilchot Chometz U’matzah 5:1): There is no prohibition regarding chometz except with respect to the five categories of grain. There are two types of wheat... and three types of barley... but kitniyos such as rice... and the like are not included in the prohibition of chometz. Even if one were to knead rice flour… with hot water and cover it with a cloth until it rises like fermented dough, it may still be eaten on Pesach, for it is not chometz; instead it is sirachon (decay).

The Rif omits the opinion of Rabbi Vochanan Ben Nuri, indicating his acceptance of the majority view as the actual Halacha. Similarly, the Rosh (Pesachim 2:12), Baal Hamaor (Pesachim 26b in Rif’s pages), and Ritva (Pesachim 35a s.v. Hanei) all rule in accordance with the majority view.

The Beginning of the Ashkenazie Custom

Although most Rishonim reject Rabbi Yochanan Ben Nuri’s ruling, some Rishonim are nonetheless stringent regarding the consumption of rice and similar foods. The primary authority who espouses this stringency is the Smak, who writes (mivah 222 note 12): Regarding kitniyos, such as rice and beans, our rabbis have the practice not to eat them on Pesach. I believe that I have heard that one should not cook them on Pesach, besides in boiling water from the moment they are placed in the pot [this is what the Gemara calls chalitah] . Many great rabbis are lenient concerning this issue, but it appears very difficult to permit something when the common practice to be strict dates back to the early ages. It is reasonable to say that this stringency did not emerge as a concern for [kitniyos being actual] chometz, because they would not err on matters familiar even to the youngest of students, and the Gemara explicitly states that only the five species of grain have the potential to become chometz. Rather, the reason is an edict to prevent violation of Torah law, since kitniyos are cooked in a manner similar to the way that grains are cooked. Had we permitted kitniyos, one could have easily become confused [with chometz], because they are cooked similarly. In addition, in many locales, kitniyos are made into bread, and people who are not well versed in Torah laws might become confused. This is not at all similar to vegetables, which are clearly distinguishable from the five grains. It is a proper minhag (custom) to refrain from eating all kitniyos, including mustard seed, because of their similarity to grain. Although the Talmud (Pesachim 114b) specifically permits rice, this rule applied only in Talmudic times, when all were well versed in Halacha. However, today we should certainly follow the decree that we mentioned… and even to put kitniyos in boiling hot water should be forbidden, because one might become confused and permit placing them in cold water.

The Beit Yosef (Orach Chaim 453) cites a different concern (which appears later in the Smak) - that kitniyos are mixed with grains that have the ability to become chometz. The Ritva (Pesachim 35a s.v. Tana) alludes to this concern: One must carefully inspect [kitniyos, such as rice] because spelt is constantly mixed with rice. Many pious individuals avoid eating these species on Pesach if they were cooked, due to concerns regarding these mixtures.

Tur, Shulehan Aruch, Acharonim

The Tur (Orach Chaim 453) cites the Smak’s stringency but he comments that it is excessive. The Beit Yosef adds that only Ashkenazic Jews abide by this stringency. Accordingly he rules in his Shulchan Aruch (O.C. 453:1) that one may cook and consume kitniyos, as they cannot become chometz. The Rama (Darchei Moshe 453:2) however, writes that Ashkenazic Jews have adopted the strict practice of not eating kitniyos on Pesach. Similarly, in his gloss to the Shulchan Aruch, he rules that Ashkenazic Jewry must not deviate from this custom. The Vilna Gaon notes that a source for this stringency appears in the Gemara (Pesachim 40b), which records that Rava forbade servants who were not halachically scrupulous to make bread from legumes of Pesach (see Tosafot s.v. Rava and the Rosh 2:28).

The Aruch Hashulchan (O”H 453:4-5) writes our forebears practiced for many years the avoidance of eating rice, etc. This prohibition has been accepted as a protection of our observance of Torah law; it is thus forbidden for us to abandon this practice. Those who question this practice and are lenient concerning it are demonstrating that they have neither fear of God nor fear of sin. They also display a flawed comprehension of the proper ways of Torah observance.

Although there are some countries which have not followed this stringency, all of Germany, France, Russia, and Poland have accepted upon themselves and their descendants this wonderful stringency, which has a good reason, and one who deviates from it should be bitten by a snake.

Kitniyos in Case of Illness and Famine

The practice to avoid eating kitniyos on Pesach is merely a custom, and not a rabbinical enactment, so there is some flexibility regarding it. For example, the Mishnah Berurah (453:7) writes that a seriously ill individual may eat kitniyos, even if his life is not in danger. He notes that the Chasam Sofer (Tshuvot, Orach Chaim 122) states that one should place the kitniyos in boiling water, since boiling prevents fermentation. The reasoning behind this leniency is that we assume our ancestors did not accept the stringency of kitniyos to apply in a case of illness.
Similarly, the Aruch Hashulchan (O”H 453:5) writes: It was explicitly stipulated that in the event of famine or severe economic conditions, the local sages, led by the chief rabbi, are permitted to temporarily suspend the minhag of avoiding kitniyos on Pesach. However, today, when potatoes are so readily available, there is no such need to be lenient.

Much has been written about which items to include in the minhag of kitniyos. Four issues are generally explored regarding this issue. Is the item defined as kitniyos (legumes, such as beans and lentils), or is it at least similar to kitniyos (see Rambam, Hilchos Kilayim 1:8-9)? Can the item be ground into flour in the same manner as grain? Was the item historically included in the custom of kitniyos? Does the item grow near fields of grain (see Mishnah Berurah 453:13)?

Historically, the Semak (thirteenth century) mentions rice, beans, lentils, chickpeas, sesame, and mustard. The Chok Yaakov (453:1) and Aruch Hashulchan (O.C. 453:3) include corn in this category, most likely because it is ground into flour. While these foods have undoubtedly been included in the minhag of kitniyos, there are other foods whose status as kitniyos is more controversial.

Potatoes

Although it appears surprising, there are authorities who include potatoes in the minhag of kitniyos, as they are ground into flour and can be confused with grain flour. The Chayei Adam includes potatoes in the category of kitniyos, although he notes that in 5531 (1771) rabbis permitted their use on Pesach due to famine (see Nishmat Adam 20).

Obviously, this ruling is not accepted today (see Aruch Hashulchan, O.C. 453:5). Rav Moshe Feinstein (Tshuvot Igrot Moshe, O.C. 3:63) explains why we do not regard potatoes as kitniyos despite the fact that they are ground into flour. Noting that kitniyos were prohibited as a custom and not through rabbinical legislation, Rav Moshe asserts that we only define something as kitniyos if there is a custom to regard it as kitniyos. The early Ashkenazic rabbis did not forbid anything that can be ground into flour rather, they forbade eating certain products. Thus, although there is logical reason to include potatoes in the category of kitniyos, they were not historically included. Perhaps, Rav Moshe suggests, the great need for them kept them from being prohibited; perhaps the list of kitniyos was kept short because the reasons for prohibiting any kitniyos are weak. Whatever the reason, Rav Moshe rules that only things customarily avoided may not be eaten on Pesach.

During Pesach, Ashkenazi Jews (those of European descent, from France, England, Germany, Russia, Poland, Hungary, Austria and the Low Countries) do not eat kitniyos (legumes), such as beans (soy, kidney, lima), peas, corn, rice, string beans, mustard, sesame, (some include peanuts), etc. and products containing them, even though these foods are not chometz. Oriental Jews never accepted this custom, whose origin is a Gaonic decree. Married women follow the custom of their husbands.

If an Ashkenazic Jew finds himself in a Sephardic Jew’s home on Pesach, he may eat food that was already cooked in pots that previously cooked kitniyos. However, an Ashkenazic Jew may not cook food for himself on dishes that were, used to cook kitniyos. If an Ashkenazic Jew plans in advance to visit a Sephardic Jew on Pesach, that they permit the Sephardic Jew to cook in is own pots for the visitor, while others require the host and visitors to make alternative arrangements. In addition, some Ashkenazic Jews have the custom of not eating anything outside their own homes on Pesach.

Beyond the custom of kitniyos, some Ashkenazic Jews altogether avoid eating at other people’s homes during Pesach. Their concern is that different people observe divergent practices and customs regarding Pesach, so the guests might not be permitted to eat from the food cooked in the utensils of their hosts.

There is a story about this custom involving Rav Chaim Soloveitchik and the Chofetz Chaim. Rav Chaim visited the Chofetz Chaim on Pesach, and the Chofetz Chaim, who was known for his warm hospitality, did not even offer his guest a cup of tea, due to this practice. Apparently, this stringency was very common in many European circles. (For a thorough discussion on Kitniyos See Tchumim (13:163-180), Also Gray Matter 239-254).

Some Rabbis permit the use of kitniyos derivatives, like soya oil, corn oil, lecithin (soy derivative) and corn syrup; more stringent poskim do not allow the use of kitniyos derivatives on Pesach (Remo O”H 453:1). Most scrupulous Jews follow this opinion. Those who are cautious regarding the use of any derivatives of kitniyos should be aware that there are several companies that use lecithin and corn syrup as sweeteners. Among those products whose ingredients include mislabeled kitniyos derivatives are most Israeli candies under the supervision of the Chief Rabbinate and other local Rabbis as well as chocolates and candies imported from Europe. Many local firms are not stringent about how kitniyot derivatives are labeled. Products supervised by the O.U., the O.K., Star K, Chof K and Streits do not usually permit the use of kilniyos derivatives for their Pesach products. Also the Chasidishe hashgochos (those who are reliable) do not use kitniyos derivatives in their products. In general, people who do not use corn oil on Pesach must be careful with kosher l’Pesach products that list glucose, emulsifier, lecithin, soya, sorbitol, citric acid, ascorbic acid or sodium erythorbate among their ingredients.

Some acceptable kashrus organizations have permitted, under the kosher for Passover label, the use of citric acid and vinegar produced with a corn sugar base. The permissibility is based on halachic discussion of kitniyos shenishlanu, a derivative of kitniyos that has gone through such tremendous changes that the product no longer bears any resemblance to the original product.

This heter does not sit well with me. First of all, we are sure that the Gaonic prohibition of kitniyos was unconditional, Anything derived from kitiyos is prohibited. Secondly, who knows what other reasons the Gaonim in their wisdom had to prohibit kitniyos. There is no greater desecration of the Gaonic decree than to make breaks around the fence of their decrees.

I am not talking about bidieved (ex post facto) where there are questions involved, but lechatchilo being used to give hashgochos for Pesach. This is not acceptable and I appeal to all kashrus organizations not to permit the use of kitniyos shenishtanu. I have also heard from reliable sources that Horav Elyoshov, shlita, does not permit the use of kitniyos shenishtanu. I therefore appeal to all scrupulous Jews to stay away from any food item that contains kitniyos shenishtanu. This would bring a question as to whether diet drinks with aspertame could be consumed. Aspertame is a sweet enzyme that grows on derivatives of kitniyos and is considered kitniyos shenishianu.

It is very important to note that today there are companies that produce glucose from wheat, which is chometz. Additionally, synthetic citric acid can be, and sometimes is, made from flour and water dough, which is also chometz.

Sorbitol is a sugar which is usually made from corn. The sorbitol used as a sweetener in preparing Pesach products for diabetic people is made from potatoes. However today, we find that there is sorbitol in the market produced in France that is made from wheat. Therefore, it is of utmost importance to verify the source of the sorbitol even in products that are used topically.

Therefore, a reliable hashgocha must be found on products containing these ingredients.

Sfardim who usually are permitted to eat kitniyos must also be aware of the above discussion because they are only permitted to use the kitniyos so long as it has been thoroughly checked and it contains no barley or other grains. Therefore, the custom is to check meticulously and with intense concentration three times, while there are no little children in the area. Certain Sfardim refrain from eating kitniyos on Pesach out of concern that they may not have been examined carefully enough. Surely Sfardim would have to refrain from using any kitniyos that was not properly checked. (See Chapters 7 and 9 for further halochos regarding Sfardim.)