Jump to navigation Jump to search
Revision as of 16:50, 13 April 2021 by YitzchakSultan
- The Ashkenazic minhag is to avoid eating Kitniyot on Pesach, however, even Ashkenazim hold that one does not have to burn or sell one's Kitniyot. One is permitted to keep Kitniyot in one's home on Pesach.
- Although some sephardic poskim say that it is preferable not to eat kitniyot, the custom among Sephardim is to eat kitniyot on Pesach.
- Sephardim should check the rice or any kitniyot to make sure that there's no chametz mixed before they cook them.
Which foods are Kitniyot?
- The earlier Poskim mention that rice, buckwheat/kasha, millet, beans, lentils, peas, sesame seeds and mustard are included in the minhag 
- Among traditional Ashkenazi Jews, the custom during Passover is to refrain from not only products of the five grains but also kitniyot, such as other grains and legumes. Traditions of what is considered kitniyot vary from community to community but generally include maize (North American corn) , as well as rice, peas, lentils, and beans. Many also include peanuts in this prohibition, and one source, the Chayei Adam, also includes potatoes in his list, although his opinion is not followed by any large or major groups.
- Some common foods that are Kitniyot include: Beans, Black eye peas, Buckwheat, Canola oil, Chickpeas, Coriander, Corn, Fenugreek, Kasha, Lentils, Mustard, rapeseed oil,Peanuts , Rice, Sesame seeds, String Beans, Sunflower seeds 
- On the other hand, potatoes (see below), coffee, tea, garlic, nuts, radishes and olives and not treated as kitnios 
- Some say that quinoa is kitniyot, however, if there's a medical issue one may be lenient to use it on Pesach.
Reason for prohibition
- From the Torah, only the five grains can become chametz and not legumes or rice.
- The Smak (Rabbi Yitzchak of Korbol) explains that products of kitniyot appear like chametz products and can be confused. Also, it can be hard to distinguish between rice flour (kitniyot) and wheat flour (chametz). Therefore, to prevent confusion, all kitniyot was prohibited.
- The Beit Yosef (Rabbi Yosef Karo, 16th century, Israel) notes that since regular grains may become mixed together with kitniyot (apparently due to changes in crop cycles), one may inadvertently come to eat actual chametz.
- The origins of this practice are not clear, though two common theories are that these items are often made into products resembling chametz (e.g. cornbread), or that these items were normally stored in the same sacks as the five grains and people worried that they might become contaminated with chametz. It was also possible that crop rotations would result in the forbidden chametz grains growing in the same fields, and being mixed in with the kitniyot. Those authorities concerned with these three issues suggested that by avoiding eating kitniyot, people would be better able to avoid chametz. The Vilna Gaon (Hagaos HaGra, 453) indeed actually cites a novel source for this custom. The Gemorrah in Pesachim (40b) notes that Rava objected to the workers of the Raish Gelusa (the Exilarch) cooking a food called chasisi on Pesach, since it was wont to be confused with chametz. The Tosefos explain that, according to the Aruch, chasisi are lentils, and thus, argues the Gra, establishes the basis for the concern of kitniyot.
Halachot of kitniyot
- The minhag to not eat kitnios begins on Erev Pesach at the same time that one may not eat chametz . Although one may not eat kitnios, one may own and derive benefit from kitnios. Therefore, on Pesach one may keep cans of sweet corn in their property or feed millet to their parrot. Additionally, children, people who are ill, and people whose diet is otherwise restricted and must eat kitnios, are excluded from the minhag and may do so after consulting with a Rav. This halacha is quite relevant to baby formulas and nutritional supplements (e.g. Ensure) which invariably contain kitnios, and are usually used by people who have few non-kitnios choices, if any. When such foods are used on Pesach they should be prepared in special non-Pesach and non-chametz utensils, which should not be washed with the Pesach dishes.
- Some say that new tablecloths which may have been ironed with clothing starch, which could be made from Kitniyot, should be laundered in hot water in order to remove the starch.
- Some are lenient to allow feeding Kitniyot to children below chinuch who need it. Check with one's rabbi before applying this.
- Some allow milk formulas that have kitniyot in them, such as Similac, if it is necessary for their nutriment. One should have separate pots for heating up the milk.
Pots used for Kitniyot
- It is permitted even for Ashkenazim to eat Kosher for Pesach foods that were made in pots that were used for cooking kitniyot if it wasn't used within 24 hours. Some say that it is permitted even if it was used within 24 hours. Some argue that one shouldn't use the pots that were used for kitniyot for someone who doesn't eat kitniyot.
- Ashkenazim who need to cook kitniyot for someone sick should set aside specific pots for that.
- Some say that it is initially permitted for an Ashkenazic Jew to eat at a Sephardic Jew's home on Pesach and just not eat the Kitniyot even if the other food was made in pots and served on plates used for kitniyot. Others say that unless it is a close relative or in-law and it can be easily avoided one should avoid it.
Nullification of Kitniyot
- Kitnios is batel b’rov, which means that if someone accidentally put kitnios into their Pesach food, the food is b’dieved permitted assuming the food contains more non-kitnios than kitnios. This means that although the food may have a pronounced taste of kitnios, the food is permitted (unless there are recognizable pieces of kitnios which haven’t been removed). Therefore, if a beverage is sweetened with aspartame made of kitnios shenishtaneh, even those people who hold that aspartame is forbidden (as explained above) may drink the beverage because the aspartame is batel b’rov in the other ingredients. Similarly, we have seen that there is a disagreement as to whether fenugreek is kitnios. Nonetheless, even those who follow the strict approach may consume maple syrup which is flavored with fenugreek (as it often is) because it is batel b’rov. Thus, although we’ve seen a number of disagreements as to whether certain foods are or aren’t kitnios, those disagreements are limited to one who wants to consume the actual item (or a hashgachah certifying someone else who is intentionally putting the ingredient into a food), but these disagreements rarely affect consumers.
- Some poskim are lenient to allow Ashkenazim to eat processed foods with a minority of Kitniyot ingredients which aren't recognizable.
- Some poskim say that if a Sephardi wants to eat kitniyot but his custom earlier was not to then he should perform a hatarat nedarim.
- If the last day of Pesach is Friday and one set up an eruv tavshilin it is permitted for an Ashkenazi to cook kitniyot on that Friday for Shabbat since they will be able to eat it on Shabbat.
- Some hold that it is permitted for someone who doesn’t eat kitniyot to cook for someone who does eat kitniyot on Yom Tov, while others argue.
- Background: The Gemara Pesachim (35a) writes that Chametz includes foods made with the five grains. See the Wheat and Grain Products page about the precise definition of the five grains. The says that orez and dochen (Tosfot Brachot 37a translates rice and millet) are not chametz since when used to produce bread doesn't ferment. The Rambam (Chametz UMatzah 5:1) rules that there's no issue of chametz with grains other than the five grains, such as rice, millet, or beans. Furthermore, says the Rambam, even if one were to mix those grains with hot water and make dough that rises, it is permitted since that's considered rotting and not positive fermentation.
- The Tur 453:1 writes that the minhag of his location was not to eat kitniyot on Pesach. The Rabbenu Yerucham (cited by the Beit Yosef 453:1), Rabbenu Yechiel (cited by Beit Yosef 453:1), and Shulchan Aruch O.C. 453:1 agree.
- The Smak (cited by the Beit Yosef 453:1) explains that the minhag not to eat kitniyot on Pesach is concerned that perhaps a person will be confused between a bread or cooked dish made from kitniyot and one made from the five grains. Additionally, kitniyot flour sometimes has flour of the five grains mixed in. The Darkei Moshe 453:1, codified in the Rama 453:1, writes that the Ashkenazic minhag is to not to eat kitniyot on Pesach and one shouldn't deviate from the minhag.
- The Shulchan Aruch 453:1 writes that it is permitted to eat a cooked dish made out of Kitniyot. The Rama 453:1 writes that the minhag Ashkenaz was to forbid and one shouldn't change this minhag. This is quoted by ashkenazic poskim including Darchei Moshe 453:2, Levush 453:1, Chayei Adam 127:1, Aruch Hashulchan 453:4, Elya Rabba 453:3, Prisha 453:3, Kitzur S"A, Daat Torah page 119. See also Yechave Daat 1:9 and 5:32 as well as Kaf Hachaim 453:11. Aruch Hashulchan 453:4 says that being lenient in this minhag is testimony that one does not fear Hashem or fear sin, and does not understand the ways of torah.
- This minhag is found in several rishonim with several different reasons.
- Firstly, there are some rishonim who thought that there was insufficient reason to follow this minhag of not eating kitniyot. Rabbenu Yerucham 5:3 and Tur 453:1 think that this minhag is overly stringent and difficult to understand.
- Hagahot Maimoniyot (cited by Beit Yosef 453:1) writes that there's a minhag not to eat kitniyot such as beans and lentils because it is possible to make cooked dishes from them just like grains. Also, grains are sometimes mixed up with kitniyot. He adds that mustard is also included in the minhag since it is similar to a grain. Mordechai Masechet Pesachim 2:588 cites this as well in name of the Smak. The Agur (no. 845) records a minhag not to eat kitniyot, rice, and millet since grain was sometimes mixed in.
- Rama 453:1
- Rav Pealim 3:30, Yechave Daat 1:9 and 5:32.
- Yalkut Yosef Kitzur S"A 453:1
- Beis Yosef O.C. 453, Rema 453:1 & 464:1 and Mishna Brurah 453:4, 7 & 11
- Mishna Brurah 453:4
- see, however, https://oukosher.org/passover/guidelines/food-items/kitniyot-list/
- Avnei Nezer OC 533
- Iggeros Moshe (O.C. 3:63) assumes that peanuts are not kitnios but notes that some have a custom to be machmir. Kashrut.com includes it as kitniyot.
- Kashrut.com writes that the above mentioned foods are considered Kitniyot. For a full list of Kitniyot, see Kashrut.com.
- Sha’arei Teshuvah 453:1, Chayei Adam 127:7. Pri Megadim Eshel Avraham 464:1 writes that he doesn't understand why some people don't eat garlic on Pesach but nevertheless one should be stringent.
- Rav Yisrael Belsky on OU Pre-Pesach Webcast 5769 between minutes 23 and 24 and on OU Pre-Pesach Webcast 5771 between minutes 101:30 and 103:30. Rav Moshe Feinstein did not advocate abandoning the custom, but he opposed the tendency to expand the list of forbidden kitniyot (see Igrot Moshe, Orah Hayyim 3. 63). Rav Willig (March 31 2020, min 2) thought that quinoa is kitniyot.
- The Gemara (Pesachim 35a) states that one may only fulfill one's obligation of matza on Pesach with matza made from the five grains. The gemara explains that since the Torah contrasts Matza and chametz, anything which could ferment and become chametz may be used for matza, which is only the five grains and not rice or millet. See Pesachim 114b for a proof that the Amoraim ate rice on Pesach. The Rambam (Chametz UMatza 5:1) and Shulchan Aruch O.C. 453:1 codify this gemara. See Bet Yosef 453:1 for more background of this issue.
- It is interesting to note the opinion of some rishonim was that kitniyot were in fact actually chametz. Ritva Pesachim 35a s.v. hani quotes some who explain that rice and millet can become chametz on a rabbinic level. He says that in Spain the Jews were lenient based on the geonim but some chasidim were stringent. Migdal Oz Chametz Umatzah 5:1 seems to understand the Raavad as holding that kitniyot are indeed chametz and personally followed that opinion.
- Biur Hagra 453:3 writes that a source for the minhag of kitniyot is Tosfot Pesachim 40b s.v. Rava who understands that kitniyot aren't chametz but can be confused with chametz and for those who are unlearned should be avoided. Rosh 2:28 agrees with Tosfot.
- Shevet HaLevi 3:31 citing Chok Yaakov 471:2, Rav Elyashiv quoted in Siddur Pesach Kihilchato 16:footnote 42
- Nitei Gavriel (Pesach 77:17)
- Shem Aryeh EH 95 writes that there's no issue with feeding a child below chinuch something (latfiso byadayim) that is only a chumra and not even a rabbinic prohibition. He is writing about not eating dried fruits on Pesach which was a certain minhag. The Sdei Chemed Chametz Umatzah 6:6 quotes it regarding Kitniyot. Siach Yitzchak responsa 210 agrees.
- Rav Shmuel Fuerst (min 11)
- Based on the Mishna Brurah 453:9 who says that kitniyot is nullified with a majority, the Yechave Daat 5:32 writes that vessels in which kitniyot was cooked are permitted for Ashkenazim even within 24 hours. Az Nedberu 8:20:4 and Banim Chavivim (Siman 17, p. 415-9) agree. Erech Hashulchan 453:2 writes that there's no gezerah of eino ben yomo for a minhag and so it is permitted to cook for an Ashkenazi to cook in any kitniyot pot especially if you know it wasn't used within 24 hours. Az Nedberu 8:20:4 writes that an Ashkenazi shouldn't avoid lending his pots to a Sephardi on Pesach. Rabbi Hershel Schachter in a shiur on yutorah.org (min 37-40) explains that something that is only forbidden because of a minhag, there's no rabbinic prohibition of not using a pot after 24 hours, therefore if one cooked kitniyot in a pot one may use it after 24 hours has passed. He repeated this position in another shiur (Inyanei Pesach 5778 Part 6 min 54) based on the Shach.
- Dirshu 453:7 quoted Shevet Halevi and others who were strict that you shouldn’t use the same kelim for kitniyot and non-kitniyot. Beynenu quotes that Rav Elyashiv (Ashrei Ha'ish 59:4) held that b'shaat hadachak Ashkenazim can be lenient to eat the food cooked in an eino ben yomo kitniyot pot, such as if one is a guest at a Sephardi's home and they would be offended if you tried to explain it to them. See Halichot Shlomo 4 fnt. 102 who is strict.
- Beynenu quoting Rav Vosner in Mbet Levi 1:44 and Rav Nissim Karelitz in Chut Shani Pesach 12:12
- See Yechave Daat 5:32. Rav Hershel Schachter (Inyanei Pesach 5778 Part 6 min 56) stated that based on the Netsiv that there's ein mevatlin isur lechatchila to buy a product that incorporates bitul it would also be forbidden to choose to eat at someone's house who eats kitniyot. However, if it is a close relative or in-laws it is permitted since it isn't nice not to go, but if it is easily avoided it should be.
- Rema 453:1 as per Mishna Brurah 453:9, Pri Chadash 453:1, Elya Rabbah 453:4, Shulchan Aruch Harav 453:5, Chayei Adam 127:1, Az Nedberu 8:20:4.
- Rav Yitzchak Elchanan in Bear Yitzchak 11 writes that a mixture of Kitniyot ingredients which was made before Pesach is permitted for Ashkenazim. He explains that this is permitted for both reasons for which Kitnityot were forbidden: 1) Chametz grains sometimes get mixed up in the kitniyot. If you checked them before Pesach there is still a concern since they wouldn't be batel after Pesach starts (chozer vneyor). However, if the mixture is a liquid one then once it is nullified before Pesach it doesn't reawaken. 2) In terms of Kitniyot products being confused with Chametz products, it isn't an issue since a major effort was made to check that the kitniyot didn't have chametz in them. It is similar to the opinion of Rashi Gemara Sukkah 15a regarding the gezerah of roofing a sukkah with beams.
- Chazon Ovadia Pesach p. 84, Haggadah of Rav Elyashiv page 12
- Rav Poalim OC 3:30 is strict but he is arguing with the Birkei Yosef and Yabia Omer 10:55 confirms the Birkei Yosef’s opinion.
- Rav Poalim OC 3:30 writes that it is forbidden for someone who doesn’t eat kitniyot to cook on Yom Tov for someone who does eat kitniyot. The same could be applied to someone who ate meat and won’t be able to eat dairy until the end of the day that they may not cook dairy. His proof is that the Mahariv writes that someone who took a neder not to eat on Yom Tov may not eat or even cook. It is similar to someone who didn’t make an eruv on Yom Tov can’t cook for others. That itself is questionable as the Divrei Malkiel points out. However, does that the Mahariv apply here? The Birkei Yosef thought it didn’t. He explained that only when a person takes a neder that makes it completely forbidden that it isn’t Ochel Nefesh to cook on Yom Tov, however, for someone that one food is forbidden but for others it is permitted that is considered Ochel Nefesh. However, the Rav Poalim argues that the Magen Avraham provides another reason for the Mahariv. He writes that Hoil is only a reason that permits something on a biblical level and not a rabbinic level. If so, then the same can be applied to a case of one person cooking kitniyot if they themselves can’t eat it. Yabia Omer OC 10:55 argues that this is certainly permitted when discussing cooking on Yom Tov for Shabbat if you have an eruv tavshilin. He explains that the Birkei Yosef is correct and there’s no issue with Hoil once there is eruv tavshilin.
- Kaf Hachaim 453:16 quotes this Rav Poalim and suggests being strict. He says that the same would be true in terms of muktzeh that it is a questionable if it is permitted.