גריי מאטר א, הלכות חגים, מנהג הקטניות ג׳Gray Matter I, Laws of Holidays, The Minhag of Kitniyot 3
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1Part III: Scope of the Practice
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2To conclude our discussion of the Ashkenazic practice of not eating kitniyot on Pesach, we will focus on the scope of this prohibition, as well as addressing which items are included in it.
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3Owning and Benefiting from Kitniyot
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4The laws condemning chametz are far stricter than nearly all other Torah prohibitions (see Tosafot, Pesachim 2a s.v. Or). The Torah forbids owning chametz, and the Halachah follows the majority view in the Talmud, forbidding any benefit from chametz. In this area, we treat kitniyot far more leniently. The Rama (Orach Chaim 453:1) and Mishnah Berurah (453:12) rule that the Ashkenazic minhag to avoid kitniyot precludes neither owning nor benefiting from them.1See Encyclopedia Talmudit (16:105 notes 703 and 705) for those who rule strictly against the Rama. Consequently, one may keep kitniyot in one's home, a particularly relevant concern for families with sick individuals, young children, and pets. A rabbi should be consulted for guidance in determining that a product is merely kitniyot and not actual chametz.
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5Oils and Syrups of Kitniyot - Rav Kook and the Badatz
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6In the year 5669 (1909), a great controversy erupted between Rav Avraham Yitzchak Kook and the Jerusalem Badatz regarding the permissibility of sesame seed oil on Pesach. Rav Kook published a short work (summarized in Yesodei Yeshurun 6:424 and Hamo'adim Bahalachah, p.259) outlining why he permitted this item for Pesach consumption. Although sesame seeds are kitniyot, he notes that their form has changed into oil. No oil can ever become chametz even if it contacts water, so the minhag to avoid kitniyot does not include sesame seed oil. Similarly, the concern of confusing kitniyot with grain does not apply once the sesame seeds are no longer in grain form. Furthermore, Rav Kook addresses sesame seeds that were watched to ensure that they would not be exposed to water. The machine producing the oil needed to be completely dry in order to function, further ensuring that there was no concern for chametz. Finally, the sesame seeds in question were cooked during their processing, and once something is cooked, it can no longer become chametz. Thus, the sesame seed oil in question was so far removed from concern of chametz that, according to Rav Kook, the minhag of kitniyot did not apply to it.
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7The Jerusalem Badatz strongly rejected Rav Kook's lenient ruling. They argued that the Rama (Orach Chaim 453:1) clearly includes oils derived from kitniyot in the custom of avoiding kitniyot, as noted by the Chayei Adam (Nishmat Adam 33).
ח׳
8Rav Kook responded that the Rama only intends to prohibit oil from kitniyot that were not carefully inspected for other grains or oil from kitniyot that were not already cooked or boiled. Several of his contemporaries accepted Rav Kook's understanding of the Rama and his subsequent ruling, including the Maharsham (Teshuvot 1:183), the Marcheshet (Chapter 3), and Rav Yitzchak Elchanan Spektor (Teshuvot Be'er Yitzchak, Orach Chaim 11).
ט׳
9Despite the cogency of Rav Kook's arguments and the many great authorities that support it, common practice is to prohibit oil made from kitniyot. For example, Coca-Cola changes its formula from corn syrup to sugar for its kosher-for-Pesach colas. In spite of our stringency, some authorities do permit oil of products whose kitniyot status is questionable, such as peanut oil (Rav Tzvi Pesach Frank's Mikra'ei Kodesh p.205-206 and Teshuvot Chelkat Yaakov 1:97).
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10Today many food products contain kitniyot that have been manufactured and metamorphosed into a new product, such as ascorbic acid (made from corn syrup). Rav Hershel Schachter (B'ikvei Hatzon 27:9) permits transformed kitniyot for Pesach use, whereas the Star-K (Kashrus Kurrents, Passover 1998) does not permit them in Pesach foods.
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11Items Defined as Kitniyot
י״ב
12Much has been written about which items to include in the minhag of kitniyot. Four issues are generally explored regarding this issue. Is the item defined as kitniyot (legumes, such as beans and lentils), or is it at least similar to kitniyot (see Rambam, Hilchot 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 kitniyot? Does the item grow near fields of grain (see Mishnah Berurah 453:13)?
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13Historically, 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 kitniyot, there are other foods whose status as kitniyot is more controversial.
י״ד
14Potatoes
ט״ו
15Although it appears surprising, there are authorities who include potatoes in the minhag of kitniyot, as they are ground into flour and can be confused with grain flour. The Chayei Adam includes potatoes in the category of kitniyot, although he notes that in 5531 (1771) rabbis permitted their use on Pesach due to famine (see Nishmat Adam 20).
ט״ז
16Obviously, this ruling is not accepted today (see Aruch Hashulchan, O.C. 453:5). Rav Moshe Feinstein (Teshuvot Igrot Moshe, O.C. 3:63) explains why we do not regard potatoes as kitniyot despite the fact that they are ground into flour. Noting that kitniyot were prohibited as a custom and not through rabbinical legislation, Rav Moshe asserts that we only define something as kitniyot if there is a custom to regard it as kitniyot. The early Ashkenazic rabbis did not forbid anything that can be ground into flour;2Contrast this statement to Chayei Adam 127:1. rather, they forbade eating certain products. Thus, although there is logical reason to include potatoes in the category of kitniyot, they were not historically included. Perhaps, Rav Moshe suggests, the great need for them kept them from being prohibited; perhaps the list of kitniyot was kept short because the reasons for prohibiting any kitniyot are weak. Whatever the reason, Rav Moshe rules that only things customarily avoided may not be eaten on Pesach.
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17Peanuts
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18Both Rav Tzvi Pesach Frank (Mikraei Kodesh 2:105) and Rav David Tzvi Hoffman (Teshuvot Melameid Leho'il 1:88) note that the practice in Jerusalem is to regard peanuts as kitniyot. However, Rav Moshe reaches the same conclusion regarding peanuts that he reached regarding potatoes:
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19Peanuts were not regarded as kitniyot in many places. Thus, in a place where there does not exist a minhag to forbid peanuts, they should not be forbidden, for regarding these matters one should not be excessively strict, as the Chok Yaakov writes [453:9]. Peanuts indeed are forbidden for those whose minhag is to avoid them, although even they may be lenient in cases of doubt. One may give kashrut certification to peanut oil that has no chametz, and those who do not follow the strict minhag may partake of it.
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20Rav Moshe recorded in this responsum (written in 1966) the accepted practice of kashrut organizations of that time. However, today it seems that the practice among the major kashrut organizations has changed, and they now treat peanuts, and even peanut oil, as kitniyot. The general practice to be very strict about kashrut on Pesach seems to have taken hold with kitniyot, despite the rulings of such eminent authorities as Rav Kook and Rav Moshe.
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21Soybeans
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22Although the generally accepted practice today is to regard soybeans as kitniyot, Rav Yehudah Pris cites Rav Dov Lior as permitting soybeans for Pesach consumption (Techumin 13:176-178). Rav Pris explains that Rav Moshe's reasoning regarding peanuts applies equally to soybeans, as they were not known to the earlier generations that adopted the minhag of prohibiting kitniyot. Quinoa may have the same status as peanuts and soybeans in this regard. 3See Kashrus Kurrents of the Star-K Kosher Certification (Passover 1998) for a discussion of caraway, cumin, fennel, fenugreek, and coriander. Kashrus Kurrents addresses quinoa in the Passover 1997 issue.
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23Conclusion
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24The general practice today is to permit eating potatoes on Pesach. On the other hand, it is accepted to prohibit syrups and oils produced from kitniyot, as well as soybeans and peanuts. Nonetheless, a Rav may consider permitting caraway, cumin, fennel, fenugreek, coriander, soybeans, peanuts, or quinoa for people with restricted diets. He may be similarly lenient regarding syrups and oils produced from kitniyot for such individuals.4Of course, care must be taken to ensure that no actual chametz is mixed in. Competent halachic guidance must be sought in such situations. All kitniyot are permitted for a seriously ill individual (even if the illness is not life-threatening) or a young child who must eat kitniyot (Chayei Adam 127:6). This often arises today, as many pills contain cornstarch binders.