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Kitniyot Halachic Literature, Past and Present: Rabbi Alfred Cohen
Kitniyot Halachic Literature, Past and Present: Rabbi Alfred Cohen
Kitniyot Halachic Literature, Past and Present: Rabbi Alfred Cohen
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KITNIYQT
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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 ;"
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
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
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
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.
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
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,
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
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