Kitniyot Halachic Literature, Past and Present: Rabbi Alfred Cohen

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KITNIYOT

Kitniyot In Halachic Literature, Past


and Present
Rabbi Alfred 5. Cohen

T here is no Jew who is unaware of the iSSLa of eating


chamerI. on Pesat·h. For millenia. the strictures and minutiae of the
Passover l.lwS h.1Ve been as!>iduously studied by Jews throughout
this world, ,md it is f.lsdnating to witness the many accretions in
law and customs which have developed in tandem with llilchot
l'esach, A major concern in many Jewish homes al Pesach time is
kihliyol, a topic within the 11<1lachot of resoleh which has had an
unusual history .1Od aroused a surprisingly wide r'lOge of opinions.
In this paper, we will seek to find the basis for the dhlim of
ki/lliyot dnd the fr<1lnework within which the rult's of kit'liyol
apply.
What are kitniyot? Wh.lt do they have to do with cJrQlIletI.?
Why should they be forbidden on Pesach? WI' wilt sec that these
elementary questions !edd to a variety of complex answers.
Wh,lt are kitlliyot? Nowhere do the halaehic decisors list the
specific itt'ms in this group. KitlliyOI is gem·rally understood to
mean rice. pe.1S, beans, and the entire family of legumes. illthough
as we slMll note l,lter, there was 'iome que.. tion about thi", The
truly pertinent quc<:tion to b{' answered is why should rice or be,ms
be forbidden dt all on Pcsath,

Rabbi. Young {srael of Canarsie; Faculty Mem!Jer, Yesl,iva


University High ScllOOI
TH[ JOURNAL or HAlACHA

In the Torah, we learn that it is forbidden to eat any cllametz


or any leavened food. I Chametz occurs when flour and water mix,
initiating a fermentation process. Already in the Mishnah. there is
some dicussion as to when and how cllametz is produced. The
Mishnaic ruling 1 is that chametz can only be made from certain
grains, and [he Mishna enumerates them: Wheat, barley, rye, spC'it
and oats, [n the discussion which ensues in the Cemara, this ruling
is accepted and explained. Because these are the only grains which
can ever become cltametz, they are the only ones which may be
used in making matzoh.
Millet and rice arc not included in this lis ling, explains the
Gemara, because they never ferment, they only spoilllniO >,.1;1 K::I
(in the presence of water). However, there is a disclaimer to this
view, for Rabbi Yohanan ben NUTi counters that rice could become
chametz, "and anyone who lets it become dwmetz is liable for
karet (death penalty)."
Thus we see that at a very early point in halachic
development, there already existed some disagreement about the
properties of rice as a chametz~producing agent. However. Rabbi
YolMnan ben Nuri's argument was not accepted. because later the
Gemara records a tale by Rav Huna, relating that at the Seder, he
used to see [~abba cat two dishes.
What were these two dishes? Rav Huna said, "Beets
and rice"' ... Rav Ashi said, "From this story we can
readily see that Rabba was not concerned about the
dictum of Rabbi Yohanan ben Nuri to the effect that
rice can became chametz".J

This, then. became the accepted conclusion of the Cemara,


that rice c..m nol become chmnetz. Accepting this. tht' Baa/e Tosafot
explain "because it does not ferment but rather begins to spoil."4
The lone dissenting voice of Rabbi Yoh,man ben Nuri is

1 l )' r'lmo
z ~"t:l'no~
J ,"'!'j' Otv
4 tv,.,"'! r'l" ;"I'",! Otv
KITNIYQT
"
apparently disregarded by Rambam: 5

Coil .,:J":J P' 'J'I) mVl)n t<?t< nO!):J Yl)n mvm ,lOt< 1'K
C"lY'lll;' 'J'O ;'1ll"1ll1 .nOOl::l;'l m,m;, 1.'1ll c'un 'J'I) 'Jill
111:l m'~t:ly;' "::11< .11!J'lllm ?Y1\V n"l:llUl ;',1YVi"l 1i"l1ll
yr.m Clltm li"l:J l't< F":l KY1':l1 C'Ill'Yl C'?llJl 1nn1 T'lK
C',J:l:J li"ltl:ll l'nm,:J 1:J 1<.¥1':l1 ',,1< nt.li' lU? 1"'!)1< I<"/'(
l'KVJ i"ll.;,':lK:l ,nlt.l ;,t ',i"l y'r.lni"llll pY:J It.l:l mmJVJ 'Y
.1ln,o K7t< Yr.ln ;"

On Pesach there is no prohibition regarding chametz


except with respect to five types of grain only. These
are two types of wheat ... And three Iypes of barley
but kihliyot such as rice ... and the like have no
such prohibition of chametz. even if a person were to
knead rice flour or the like wilh hot waler and cover
it with a cloth until it rises like dough which
fermented, it is still permissible to eat it, for lhis is
not fermentation but decomposition.

It is not until about 700 years ago that serious disagreement is


evident on the question of kitniyot. In his halachic compendium.
the Smak notes that "since lhe times of the Ceollim, we do not eat
kitn;yot during Pesach,"·

5. <I(.,~".,,, il'!) ;':0:11 y~"_ HO""'1'ver, al thIs point we de te<;;l the first glimmer that
this might nOI be d totally accepted pSllk. It is only a gl;mmer. for we cannot
know for su,e. historiolly. what the actual uuth is The law as enumerated by
Rambam above '5 numbered paragraph l; the nexl law, H2. deals with the
qu~tion of adding juice to f10ul instead of water. and here Rambam rules thaI II
;s perm,ssible However. the R'lVad ch"llengl'5 hi~ ruling "thl~ i~ not so simple,
and nol everyone agrees bt"<:ause I'ven Ihough It is nol charnelz and one is not
liable fOl Ihe death penalty for ,,,using it 10 fNmenl. Still II is d.amf'tz ""kshQ
~rld is forbidden
The st~ndafd ooillOn5 of the Yad have thiS comment cill.'d with regard 10 law
H2. however. Ihe CI'llye Adam wrires thaI he <aw ,t WIth the comment altached to
IJw HI - whieh would mNn th~t R~mb~m s ronlemporary dId "01 agree with
him on the nupal I~sue of wh,·ther nee W<lulJ be perm,tted On rl'5a~h
f> :l":::n
., TH[ JOURNAL OF HALACHA

U'n1::l' C:l:J Ky,':n O'W'Yl W"'" llJ"1!:l 111:1 nl'mp" !;Iy,


.??:J nOD:! O?:H<7 !'<7tu 'lO'K om C'li1U

and concerning kitl1iyot such as n. lentils and the


like, our Rdbbis custom.uily consider them forbidden
to eal al all on Pesach.

Although Ramham and Smak and many olhers employ the


term kitlliyot, it is not absolutely certain what they had in mind by
this term. The S!laare Teslwva 7 considers the question of whether
d coffee bean is included in the beans which are proscribed, and
R,lbbi David HaLevi (Taz) also found that he could not define the
exact parameters of the term. e
In Isgerof Moshe, Rabbi Mashe Feinstein writes that there are
tn,my places where people consider peanu Is as kitlliyot, and these
people should continue their custom. However, if a person lives in
<l place which has no est<lblished minlJag, (custom) it is not
necessary for him to refrain from eating peanuts. 9
The very existence of an enactment (gez.era) restricting the use
of kitl1iYOI strikes one as anomalous. If the Gemara considered and
then rejected the possibility that rice and rel,lled foodstuffs could
become chametz., if the Rabbis of the Talmud used to cat rice on
['csach, how are 1.1ter Rabbis permitted to rule that rice may not be
(',1 ten ?

Indeed, the custom of kif/riyat was apparently not readily


accepted by many decisors, and it evoked the opposition at many.
In a responsum attributed to the Rosh lD (although there are many
who doubt Ihat the Rosh is Ihe authentic author of this book), he
writes:
This seems to us very strange, since the Gemara
specific,llly considers it permissible. And I do not

'" OH< ) -m r"!"'' '


" .'" nl/< ow 1-1)
'l l"0 '0 ) Vi:," n-'I/< :'1:.:11') 01"1)1(
10 n '0\11 '0 1.:.'1<'"1 0'1');:'':1 n"1:1.'
KITNIYOT

know of any Beth Din in any place that made a


regulation regarding it.
The author of Smak, tells about Rabbi Yehicl of Puis who
used to eat white beans on Pesach. 11 Rabbi Yehiel was the leading
Tosafist of his day, and his practice therefore was an expression of
his disdain for ,m enactment whkh he could not countenance. The
Bet Yost'! similarly concludes that "it is an excessive restriction and
prople do not follow it."ll
A number of theories have been ,ldv,mced in response to this
puzzling phenomenon: The 511luk offers the reasoning that:
Since grain is cooked in a pot and kitlliyot are cooked
in a pot (simililf to grain) ". and also people make
bread out of it, (then-foTe the Rabbis restricted its
usc) lest they accid('ntly mix them Up.l~'
On the other hand, HagalJot Maimorri lJ and Tur U consider
th.ll the prohibition arose from the common custom of adding
some gr.lin flour to the rice flour to give it better consistency.
Obviously, such il blend of flours, even if predominantly rice flour,
would be considered chamelz, .lnd therefore the custom arose not
to use rice .md other kitlliyot at all.l~ Other reasons for the custom
are also offered, bu t they need not concern us here.
Despite the fact that leading Rabbis made light of any issur of
kitlliyot, others considered it a serious prohibition and Jpplied it
strictly. The Mallari/16 writes that "one who violates this restriction
is ]i.lble to the de.1th pl'nalty ,md has transgressed the prohibition

11 :rJ1 -'0 rn':lO mOllOl


12 ~-'llll n-'11< ~pe ~Iso 1-1 n"ll< i'lY noy 1'1"'11(,' J"Ji' n"111: '!l10 Qnn
12<1 01:.' f'"lJO
tJ coa
14 Dtv
IS fh"o;r ~"hpdrd;( Jr"'o; who dll rdt >1<,' Juring res~th lilkl' sr...,;idl p'l'{'d"hon, to
~"urr Ih,lI no ~Jln"IUfl' (Of ,my f01l'ixn ~Ub"dll<:l' is In the ,itl' They in~JX'C1
l'.d, l.e.f",1 ,mJ .. 1_" Iln<t' the rice Ih,l'C l,me~ (//1<1<1 nOll"> t/l,'1 l'Vl'n 5<>. m.. ny
~er),dnhm Ju 1101 ,at ,i,..dnJ Pve1\ tho'p lholl do. oft.. n Jo not tply on tht'
wUOle" to d""k Ihe I.Nlld< 1'''1 Jo 50 lhem~elvl'<; T1,,~ i< 'l'poflt'il by R Ov"di.
Y<><ef tTl I,,~ Hd~q";dtl.. -11m 'J1Y,,'1
I" '-J ':I no!! m~";r
THE JOURNAL OF HALACHA

of 'do not devi,lte from the matters which they (the Rabbis) teach
you, Writing in the SJllIlch'm Aruch, Rabbi Yosef Karo rules
thaI .... rice or other types of kihliyot do not become chametz, and
it is permissible to cook them,"l7 but the gloss of R. Moshe
lsserles l & immediately takes exception: "But there are those who
forbid iI, and Ihe custom in Ashkenilz is to be strict, and one ought
not to change." Liller, the Vilna Gaonl~ concurs with this, as do
Shulcha'l Aruch HaRau lO and Aruch Hashulcha/l. 11
Bilsed on their respective halachic decisors, then, the
Ashkenazic and Seph;udic communi lies have developed quite
diffNent traditions connected with the observance of resach. We
will discuss later what happens when these two cultured norms
collide.

Exceptions
Given Ihat avoiding kitniyot was accepted as the Ashkenazic
tradition, howsoever dubious its origin, what is the scope of this
issltr? Does it imply that. as far as we are concerned, kihriyof
should be regarded in the same way as chametz; if nol, to what
extcnl is il different?
The Mishnah Brurah n writes that a sick person who needs
kitniyot may eat tr.em, This is so, he rules. even if it is not a
sickness which endangers life.
~1ll:l~ inlln i1DO 1:l l'Klll f'll'( i1?ln? l.nlll!:n
,ill? l'iY OK 1?
This psak of the Mishnah Brurah has direct application to the
question of medicine, especially the way in which medicine is
formulaled today. Most medications come in the form of pill,
tablet, or capsule, wherein the active drug is mixed with a starch as
a binder. Often the starch employed is corn starch, which is
kiflliyot. Does the above-stated rule of the Mishnah Brurl1h imply
that such a pill can be taken by a sick person on Pesach? We

17 'I< j:l"O r:m n"11<


IS DIU
19 'J "'1<
20 ;,'"po
21 "'I-pO
22 r nil< rln n"11<
KlTN1YOT
"
cannot jump to conclusions, because one could well argue that the
sick person needs the dru.g, the ,ICtive ingredient, and lIot the
kitniyol starcil, which is simply an inert binder which makes it
easier to ingest the medicine, but docs not affect a healing process.
Therefore, if the kitlliyot starch is the major ingredient, a Rabbi
would have to study the question of whether that medicine could
be taken. A further faclor to be considered is the amount of
kirlliyot contained therein. If there is more medicine than st,lfch,
then the starch is considered halachically void and there would be
no question that Ihe tablet could be taken. As we shall see, this
consider,ltion ,1ffecL many other aspects of the hdlacha.
A general principle of Jewish law is that if a forbidden
ingredient (W:J') falls into a kosher food (lV:J') but constitutes less
than half of the total mixture, one is permitted to lise it (batel
berov). However, for Pes,Kh the ruling is in the reverse - "[ven
one part out of a thous<lIld does not become batel." Bu t this strict
principle is operative ollly with respect to chametz on Pesach and
definitcly not to kitlliyol. Ramo rules that if "rice or other kitlliyot
fell into the food it is permittcd to eat it."lJ
With this in mind, we should take another look at the furor
which in the past few years has arisen concerning chocolate and
candy manufactured in Israel undcr the supcrvision of the
Rabbinate. Many candies contain corn syrup as the sweetener:
Should this be considered a problem for Ashkenazic Jews? Based
on the principle that if kitlliyot are less than half of the total the
food may be ea ten, many people see no reason why such candy
should be avoided. However, it is necessary to ascertain what
percentage of each individual type of candy is kiftliyot - if more
than half, Asken.lZic Jews would not cat it.
The difference between candy and medicine is obvious. If
kitll;yOt is a major ingredient in medicine, a Rabbi might still rule
that the patient should take it during Pesach. It lVould depend on
the severity of the condition for which the medicine is prescribed.
However. no such leniency exists with respect to candy.

23 01.:1
TIlE JjJURNAl Of llAlAUIA

just as the issllr of kitlliyot i!'> not ('(jual in force to lhe issur of
cllUl1lt'lz, it differs .11<;0 as to the time of its application. Cl1ametI.
whidl WdS in the possession of a jew during Pesach is forever
forbiddcn, but RalllO writes that "it is permilled to keep all kinds
of kitlliyot of a jew after Pesach. ·'H
With respe("t to the time when the iSSllr of kitniyot begins,
there i!'> a littlf discus~ion The first lubavitcher Rebbe, writing in
hi<; Sill/iellall Arucli HaRav H , theorizes that even if we aC"Cept the
issrlr of l..:illlyot ,1S a proper prohibition, certainly it c,mnot be
.. trilter than the a(·tual laws of c/JamelI. ,lOd matzoh. Therefore, if
onc were to be c,lf('ful to treal the kitlJiyot just as one would treat
regular flour 'lnd, observing all lhe rigors of the l,lW, produce a
mat/oh using kill1iyot flour (rather than grain flour), why should it
be forbidden on Pesach? He holds that it is permitted, and the Pri
Megndim further ,lllo\\''5 one to eat it on the day before Pesach
{erev Pes,leh, when one is not permitted to cat either cliametI. or
any matzoh which can be ust'd at the Seder. Since a rice matzoh
(ilnnot be used (or the Seder, not being one of the five grains, then
it should be permissible to eelt it on thdt day). However, Slioel
Umasfliv disagrees with this theory.zo Some students of halaeha
would like 10 claim that the Pri MegadimZ~ also ,1pproved kitniyot
(as ~ueh, and not fTlade as a mdtzoh is made) for ereu Pesach, for
he ".JW Ihc issllr of kitlliyot as applying only to the holiday of
l'e':;<Jeh and not to the day prt'ceding it. However, a careful reading
of the Pri MI.'gadill1 will not supor! such an interpretation.
In Siddltr f'esach KeHifehnta l8 Rabbi Grossman, ",fter citing
the AV'lei Neur and Kat HaCha;m, writes that h(' heard from Rav
Wl.'is/ Ihat our cU!'>lom io:; not to eat any kitlliyot whatsoever, even
on erev I'esach.
Other eHcptions further hedge the scope t,..f the kitniyot
restriction.
Ir' lime of grt'at r,ccd, when d per<;on does not h,wc

1.\ CI:J
1.5 ,., nor< ;")0 "'I 11<
1.b :1:'<7 1'~r<' /:m r<r.I? K,n,1I:I
27 "1:1;1 K"K n-1K
!1I ",'t.~uh-lw"Ji"l\ ."'I1'll::? thN"
KI rN1YOT

what to eal without great penury, it is permiued 10


cook kitlliyot.:.t.,
Hal,Khic history indicates that this lenient clause was accepted
and acted upon over the years. The Nishmat Adam l4 writes that at
the time of a dreadful f.lnline in 1771 in Fiorda, a Belh Din W.1S
convened .lnd ruled th.1t the prohibition of kitl1iyot would be
w.lived for thai year. Also, in 1810, the province of Westph.llia
experienced famine, and the Rabbis similarly allowed the residents
10 eat kitlliyot.The Minchat Kerwot wriles JO
and for three years now, our Rabbi, the great
R.lbbi leib, has permitted kitl1iyot during Pestlch, a
time of very high prices, it being a time of
destruction and famine.
The Mis/mall Bnlmh j1 concurs with this practice, and
indicates that in lime of great need, it is permitted to use kitniyot
for PC'sach, ,llthough he does advise singeing them in a lot of waler
(so that the kihliyot will nev('f be able to ferment) in .lccordance
with the views of the Halham Safer. And there were years when
the Rabbis of [retz Yisrael dllowed the people to eat kitlliyot, due
to the difficult economic situation. II.

Derivatives
Is it only the item of kitniyot itself which is forbidden, or docs
the iSSI4r apply ,llso to its eXlract or dl'rivativei'
I have been told by people who were living there, about the
great brouhaha which ensued upon the ,mnouncement by lhe then
Chief Rabbi of lsr.u'l, Rav Kook z'l, lhat corn oil could be used for
resach. Corn is kitniyol, and this ruling permitted extract of
kitniyot to be used They remember vividly the signs posted on dll
the walls by his opposition, warn;ng the people that under no
circumstances should they rely on this !leler.

2l1a not! nlJ'" C1l'< "n


2q 'J "0
.lO, !:I",n C!:l"ll n,," Y",:11] n"l1L1
31 t nUl
j lao J"O' :1Jo,:1J C"J,lm:1
THE JOURNAL OF HAlACHA

The question applies not only 10 Ihe oil. bUI 10 any derivative
of a kitrriyot product. Concerning Israeli candy, which was
previously discussed, we should nOle that in the event corn extracts
do "ot f.111 Within thp dpfinition of thp kit"iyot ;ssur, thprp would
be no question regarding their permissibility on Pesach, regardless
of th{' percentage of com syrup in the mixture.
The Rav Kook conlroversy was just anolher chapter in the
longstanding d{'bate regarding the slatus of kil/riyol deriv,Hives. As
early a decisor ,lS the Trumat Hadeshen Jl forbids their use;
Melamed Le-ho'ilJJ also discusses it.
In his gloss to SIJU1chan Aruch, Ramo holds that although we
do nol usc kihliyot on Pesach, yet "it is permissible to use the oil
of kitniyot to kindle a light."J4 This statement leaves the clear
implication lhat kitniyot derivates may be used for some beneficial
or pr,lclical purpose, but cannot be consumed. H • Not all decisors
have accept{'d that implication. In 5ridei Esh we find a listing of
the major authorities on either side of the question of permissibility
of peanut oil for Passover.J~ Those forbidding its use for
Ashkenazim are the Atmei Nezer and Millchat £Jeazar,J6 while
included in the camp of Ihose permitting it are the Kovner Rov J1
(if it is made before Pesach), the MaHarsham, Melamed Le-ho'i1,
and Rabbi Samson Raphael Hirsch. J8 Rav Moshe Feinstein rules
that those who do observe the prohibition of kitniyot with respect
10 peanuts should also refrain from using peanut oil. However, if it
is the person's custom to eat peanuts, he may also use peanut oi\.J3.
There has even been some discussion concerning collonseed

32 l"'P
)J n"!l T"!) 1l"1I'l ~ee ~l~o :lYI)1 rlln "'Illn '"'Ill' ::1 lU"'Il? 'I("pl) .I"Y ·'0 :li';>' np'm
J4 .1( n11( J"ln
34~. One wondel5 why the R~mo found it ne<,'{'55dlY 10 ~dd that one may keep
ht"iyot in rhe huu5t' during r('5~rh. If he permit~ U5e of ki/niyol for oil, d~~
th~t nOI ~utom~I"'~lIy pre~UPJ'O~e th~1 II i~ pt"rmi5~ihle to keep Ihe kihl;yot in
rhe hou5e?
35 :I'I"?·O .~ P?r'I
36 l"?pn . l";>1U n"11(
J7. 1( ..' :l:lllUn r'I"ll( pr'l:t' "1<:1
J8 n··!) .l··!l n"ll( ?'lI"1:l? "'I1l?1l
J<I•. "'0 '0 .J i'?n n"ll( 0l1U1l nnl1<
KITNIYOT

oil, which some persons were concerned might be considered part


of the kitniyot ban. But Ray Chaim Soloveitchek is cited as having
allowed it~h; it is also reported that in Jerusalem in 1927 the
Rabbis, under the leadership of R. Zvi Pesach Frank, did permit
cottonseed oil for resach.~<.

Kit'liyot further differs from chametz in that one may derive


benefit from it on Pesach, as noted above. Chametz may not be
owned or used by a Jew in any shape or form on Pesach, but that
is l'IOt true of kitniyot.l' A person may feed it to his animals, for
example, and as mentioned, may use its oil to illuminate his house.
Virtually all halachic decisors concur that kitniyot are forbidden
only for consumption but other uses are permitted, although the
Mahanl notes that some exceptionally pious persons would not use
kit'Jiyot oil even for lighting on Pesach. u1 However, the normative
ruling is that kitniyot are only restricted as human food on Pesach
and may even be in the posst"ssion of a Jew throughout the holiday
without qualm.

Children
It is intert"sting to find among the rt"sponsa of the Chief
Sephardic Rabbi of Israel, Rabbi Ovadia Yosef. a psak addressed
specifically to Ashkenazic Jews.41 At the end of a long treatise on
kitl1iyot and why Sephardim do eat them, Rabbi Yosef appends a
message "to our brothers, the Ashkenazim". Rabbi Yosef probes
the issue of giving kitniyot to a youngster - is it also forbidden for
a child to eat kitniyot as it is for an adult? He refers to the
controversy between the Rambam and Rashba whether one is
permitted to feed a child food which is rabbinically but not
biblically forbidden. He proves that the Shulchan Aruch rules. in
agreement with Rambam, thaI it is forbidden. Nevertheless,

38b. T"' '1' ., pI," lCI'lP 'K'pe pn!l nO!l 'JY


38c. '0 "0 OIU
39. 'K "0 1'"];"1 n"l/O;
40 ow .ISQ see 1111':1 nenn. who reJ.les th.t the custom was not to derive any
pleasure from lny deriv.tive of kitniyol.
41. ·tJ ~"KIU '/0; P"" nlrl ill"'
TI U: /OURN,\l or IIAlACHA

kit,liyol Me not within the C,llegury of food even ri1bbinically


forbidden, he m.lintains. It is only ,1 dHimra, ,1 stringency which
the community .1dopted, .md therefore Rabbi Yosef ildvoci1tes
'll1owil\g children to e,lt items with kif/liyot in them. AlthOl:gh
m,llly people might not wish to ilv,lil themselves of this opinion in
ordinary circumstances, yet in thl' C<1S(' oi medicine for a child, it
c.m be wnsidered as a further fdctor for allowing a l·hild to t,lke
even that medicine which is primarily made from kitniyot. He also
<lfJvises that it is not necessary to be overly strict with children
reg,Hding candy which may contain some kitlliyot.

Marriage
A situation which did not Mise with greilt frequency in the
p,lst is now r.1ising a question in many d household. Since the
Sephardic and Ashkena7ic communities, 50 long separated by
distance, economics, and politics, now live in close proximity to
one ,mothC'r, it was inevitable tlMt morc "intt'rmarriage"' should
occur. Which customs do the newly-mMried young people follow?
R. Moshe Feinstein rules H that a woman upon marriage should
<1SSUTne <111 of the customs which her husband accepts, both those
which Me more strict and more lenient than thos(' she previously
observed. Although Siddwr-Pesacll KeHilc1wto U basically agrees
with the psak of R. Moshe, yet withoLI further elaboration, he
ildds' J

,nl'JlJ(;>:1 :1'lOK1 :1?Y:1:1 m,'l~ 'tl:1tl//b :1KHV~:1 ;"',!)O


.:11:1 'lO'K 11m? :1:1"Y :13'1'< -::1 ?Y "!)i'l'J :1?Y:1 1'1'< OKl

A SephMdic woman who is married to an Ashkenazi


follows the customs of her husb'lI\d and is forbidden
to eat kitlJiyot. But if her husbi'nd Joes nol care
about iI, then she need not accept t!,i" stricture ...
Furthermore, he adds
m'ltl(;> ,n',1:1 11;'J? :171:1' ',1!lO? ;'KltlJJ:1 :1'IDtlJK p'
.il7Y:1 pY' 1:11 DK

4Z n"];? n-'K It:1ll nnl/<


lJ ]-. TI1K I IJ i'""\!l
KITNIYOT

Also an Ashenazic woman married to .1 Sephardi is


<1llowed to follow her husband's custom and be
lenient abotlt kitl/iyot if th,lt is the wish of her
husb.lnd.

Without explaining how he comes to this conclusion. Rabbi


Grossman dpp.uently feels that the operative factor in the
"clilsh"of conflicting cultures is the reaction of lhe husbilnd. It
would be interesting to understand why - but he does not
el,1borate,
A somewhat different picture emerges from the writing of
Rabbi OVddia Yosef.H He rules that even a wife who abstains from
kiftriyot is permitted to prepare foods containing kif/liyot for hl"r
husband dnd other members of the family, To some extent. Rabbi
Yosef seems to leave the option of whether to eat kitlliyot or not in
the hands of the wom,1tl involved, not her husband.
As for Ashkenazic relatives or friends who happen to be
eilting ilt the house of <l Sephardi on Pes3ch, Rilv Yosef rules that
if the toad is not kitlliyot, there is no need to inquire if the pots in
which the food was prepared were used for kitniyot within the
past 24 hours.·~
The topic of kiflliyot is dn 'lbsorbing study of thl' complexity
of Jewish lrlw, An investigation of the origins. implications. and
scope of thc halach'l lead onc 10 many intriguing insights into the
development of nornMtive Jewish practice,
P.articul.uly in our time, when the Jewish people seem to be
coming togethl"r "from the four corners of the earth," ,1n
Jpprt'ciation for ~he ration.lle underlying divergent customs will
have a salutary effect in bringing us together and will hopefully
fostN greJter respect for our own tr,lditions as well as for those of
our brethren from othN l'lllds.

44 no!:! 7V '"n .Iw, '" 17-;' '1/Jlr< l."J' R~v Yo<;ef present<; .In t'th~ustine
OV...,V"',,, of lh... h~I","II"t ,<wull'eJ on til... cu,rnms of .In Asllkl'nd71 Wom.ln
lnoUll"J ll> .1 C,"l'hMJ,c man Amung Olhe's. he ,'ites the r·J~' (In his' Mlr<)
who ",ent _0 foil as 10 «>nsid er IIl'l po,.ibll' nctd to cont;nut S"ph.lrdic cU"oms
('vpn "ftN thl.' dl'Jtll of her _pou_c
1" ,n ." OIU

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