Kitniyot and Selling Chametz: Difference between pages

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Kitniyot are a category of foods which Ashkenazi Jews refrain from eating during Pesach.
==Institution of Selling Chametz==
# Some authorities question the sale of complete Chametz, however, most authorities allow it and such is the minhag. <Ref> The institution of Mechirat Chametz is based on a Tosefta (Pesachim 2:6) that says that a Jew on a boat with a non-Jew may sell his Chametz to the non-Jew and then buy it back after Pesach. This is codified by the Rambam (Pesach 4:6) and S”A 448:3. The Beit Yosef 448:3 writes that selling it before Pesach and buying it back is Ha’arama (a scheme to avoid a prohibition) and yet it is permitted.
* Gemara Shabbat 139b says that a certain Rabbi slept on a non-Jew’s boat on Shabbat claiming that he intended to sleep, even though he knew the non-Jew would sail the boat across the river. The Gemara says that his claim was HaAramah, but is permitted since it’s only an isser derabbanan and he was a talmid chacham. Bechor Shor (Pesachim 21a) learns from here that Ha’aramah is permitted only if the issue is derabbanan. He writes that after Bitul, the issue of owning Chametz is only derabbanan and Ha’aramah is acceptable. Bet Efraim 1:33 and Minchat Bikkurim (Tosefta 2:7) agree.
* Mekor Chaim 448:11 rejects the Bechor Shor and explains that in Gemara Shabbat HaAramah was only permitted on an isser derabbanan because the Rabbi was actually violating an isser, however, by selling Chametz, one circumvents the issue altogether.
* Rav Solovietchik (quoted by Rav Schachter in Nefesh HaRav p. 177) held that one shouldn’t sell Chametz BeEyn. [Halachos of Pesach (pg 32) defines Chametz BeEyn as mixtures which have a majority or equal amount of Chametz in comparison to the non-Chametz ingredients.] This opinion is based on the idea that Ha’aramah shouldn’t be performed except for Derabbanan issues. According to this, one may rely on Rabbeinu Tam (Pesachim 42a D”H VeElu), who holds that mixtures of Chametz are only a derabbanan issue of Bal Yeira’eh.
* Rav Schachter in BeIkvei HaTzon (siman 15) writes to defend the minhag that Ha’aramah is acceptable to avoid an isser, but not to exempt one from a mitzvah because at the end of the day, one didn’t fulfill the mitzvah. Therefore, selling one’s Chametz only avoids the isser, and one may still fulfill the mitzvah of Tashbitu with burning the last unsold kezayit.
* Halachos of Pesach (p. 123) records the practice of Rav Aharon Kotler not to sell Chametz BeEyn. However, Halachos of Pesach quoting Rav Moshe Feinstein, Tzitz Eliezer 20:51(2), and Yalkut Yosef 448:3(1) permit selling all forms of Chametz. Halachos of Pesach (p. 123) writes that most poskim allow the sale and that such is the minhag. See, however, Haggadah of the Roshei Yeshiva (pg 13) which writes that Rav Moshe's minhag was not to sell actual chametz but he did sell alcoholic beverages. </ref>
===Those who don't sell real Chametz===
# Even if one wants to observe this stringency, it is advisable to perform Mechirat Chametz for mixtures of Chametz. <Ref> Halachos of Pesach (p. 123) writes that sometimes those who desired not to sell Chametz unknowingly retained Chametz items. He adds that a student in a dorm should not assume that his Chametz was sold for him; rather, he should specifically request his father (or another individual) to be his representative to sell his Chametz. http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html also says that one should sell his chametz even if he doesn't think he has any because there may be denatured ethyl alcohol in deodorant, shaving cream, or cologne. </ref>
# If one doesn’t sell real Chametz such as cake, bread, or noodles, one still sell ketchup, mayonnaise or any mixture of a minority of chametz. <Ref> Rav Schachter on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 26 and 27 </ref>
# If one doesn’t sell real Chametz such as cake, bread, or noodles, one still sell flour commonly found in the market which is Chametz since in the processing the grain is washed and comes into contact with water. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 79 and 80 </ref>


== Definition ==
==Procedure of Selling Chametz==
*The Torah (Exodus 13:3) prohibits Jews from eating leaven (chametz) during Passover. Technically, chametz is only leaven made from the "five grains": wheat, spelt, barley, oats, or rye, although there are additional rabbinic prohibitions against eating these grains in any form other than matzo.
# When selling Chametz one should write down one’s address, and provide access to get in by leaving the keys by the Rabbi, neighbors, or security guard. If one feels uncomfortable doing that one should at least write down one’s cell phone number at which one would be reachable over Pesach. <Ref> Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 4 and 6 </ref>
*The earlier Poskim mention that rice, buckwheat/kasha, millet, beans, lentils, peas, sesame seeds and mustard are included in the minhag <ref> Beis Yosef O.C. 453, Rema 453:1 & 464:1 and Mishnah Berurah 453:4, 7 & 11 </ref>
# One should make sure to sell one's chametz completely and not with a gift with a condition that it must be returned after Pesach. <ref>S"A 448:3 writes that one may not do a Matana Al Menat LeHachzir. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as S"A 558:4), by chametz because of the chumra of chametz one may not do a Matana Al Menat LeHachzir. </ref>
*On the other hand, potatoes (see below), coffee, tea, garlic, nuts, radishes and olives and not treated as kitnios <ref> 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. </ref>
*Iggeros Moshe assumes that peanuts are not kitnios but notes that some have a custom to be machmir. <ref>(O.C. III:63) </ref>
*Among traditional Ashkenazi Jews, the custom during Passover is to refrain from not only products of the five grains but also kitniyot. Literally "small things," such as other grains and legumes. Traditions of what is considered kitniyot vary from community to community but generally include maize (North American corn) <ref> Mishnah Berurah 453:4 </ref>, 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. Sephardi Jews typically do not observe the ban on kitniyot, albeit some groups do abstain from the use of dried pulses during Passover.
* for a list of kitniyot see http://www.kashrut.com/Passover/kitniot_list/ <ref>http://www.kashrut.com/Passover/kitniot_list/</ref>


== Reason for prohibition ==
==Stocks of companies which own Chametz==
# Some authorities hold that there's is no prohibition of owning Chametz to a shareholder of a company which owns Chametz on Pesach who has no say in the actions of the company, while others hold that one should sell the shares together with one's other Mechirat Chametz through the Rabbi. <ref> Piskei Teshuvot 440:1 and http://www.vbm-torah.org/pesach/stocks.htm quote the dispute. Rabbi Yisrael Belsky based on Rav Moshe and many others at the [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5770 OU Pre-Pesach Webcast] between minutes 29:30 and 32:00 permits someone who owns shares but doesn't have any say in the company, however if someone has 30% (or so) of the company it's considered as if one is a partner and it'd be forbidden. Minchat Yitzchak 3:1 and Moadim Uzmanim 3:269 say that one should sell these stocks along with the rest of the chametz and not trade them during chol hamoed. </ref>


*The Smak (Rabbi Yitzchak of Korbol) explains that products of kitniyot appear like chametz products. For example, it can be hard to distinguish between rice flour (kitniyot) and wheat flour (chametz). Therefore, to prevent confusion, all kitniyot was prohibited.
==Storing the Chametz==
*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.
# Chametz which one sells to a non-Jew for Pesach should be put away in a closet or another partition of 10 [[Tefachim]] and not opened on Pesach. Similarly one shouldn’t leave sold Chametz out in the refrigerator but rather it should be partitioned off with a wall of ten [[Tefachim]]. <Ref> Rabbi Sobolofsky at [http://www.yutorah.org/lectures/lecture.cfm/759810/Rabbi_Zvi_Sobolofsky/Pesach_Issues_in_the_Workplace yutorah.org] between minutes 6 and 8 </ref>
*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, ibid.) 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.
# One shouldn’t store sold Chametz on the shelves of the door of the refrigator but rather should be put in the back of the refrigerator and sealed off. <Ref> Rav Yisrael Belsky on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 27:00 and 28:30 </ref>


== Halachot of kitniyot ==
==References==
 
*The minhag to not eat kitnios begins on Erev Pesach at the same time that one may not eat chametz <ref> Shevet HaLevi III:31 citing Chok Yaakov 471:2 </ref>. 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. <ref> http://www.kashrut.com/Passover/Kitniyot/</ref>
*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 <ref> Rema 453:1 as per Mishnah Berurah 453:9 </ref>. 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. <ref> http://www.kashrut.com/Passover/Kitniyot/</ref>
 
 
* Rav Moshe Feinstein did not advocate abandoning the custom, but he certainly opposed the tendency to expand the list of forbidden kitniyot (see Igrot Moshe, Orah Hayyim 3. 63).
# Some say that quinoa is kitniyot, however, if there's a medical issue one may be lenient to use it on Pesach. <ref> Rav Yisrael Belsky on [http://www.ou.org/community_services/video/67558 OU Pre-Pesach Webcast 5769] between minutes 23 and 24 and on [http://www.ou.org/torah/article/oukosher_pre-pesach_webcast_5771 OU Pre-Pesach Webcast 5771] between minutes 101:30 and 103:30 </ref> </ref>
 
==Notes==  
<references/>
<references/>

Revision as of 13:33, 14 March 2013

Institution of Selling Chametz

  1. Some authorities question the sale of complete Chametz, however, most authorities allow it and such is the minhag. [1]

Those who don't sell real Chametz

  1. Even if one wants to observe this stringency, it is advisable to perform Mechirat Chametz for mixtures of Chametz. [2]
  2. If one doesn’t sell real Chametz such as cake, bread, or noodles, one still sell ketchup, mayonnaise or any mixture of a minority of chametz. [3]
  3. If one doesn’t sell real Chametz such as cake, bread, or noodles, one still sell flour commonly found in the market which is Chametz since in the processing the grain is washed and comes into contact with water. [4]

Procedure of Selling Chametz

  1. When selling Chametz one should write down one’s address, and provide access to get in by leaving the keys by the Rabbi, neighbors, or security guard. If one feels uncomfortable doing that one should at least write down one’s cell phone number at which one would be reachable over Pesach. [5]
  2. One should make sure to sell one's chametz completely and not with a gift with a condition that it must be returned after Pesach. [6]

Stocks of companies which own Chametz

  1. Some authorities hold that there's is no prohibition of owning Chametz to a shareholder of a company which owns Chametz on Pesach who has no say in the actions of the company, while others hold that one should sell the shares together with one's other Mechirat Chametz through the Rabbi. [7]

Storing the Chametz

  1. Chametz which one sells to a non-Jew for Pesach should be put away in a closet or another partition of 10 Tefachim and not opened on Pesach. Similarly one shouldn’t leave sold Chametz out in the refrigerator but rather it should be partitioned off with a wall of ten Tefachim. [8]
  2. One shouldn’t store sold Chametz on the shelves of the door of the refrigator but rather should be put in the back of the refrigerator and sealed off. [9]

References

  1. ↑ The institution of Mechirat Chametz is based on a Tosefta (Pesachim 2:6) that says that a Jew on a boat with a non-Jew may sell his Chametz to the non-Jew and then buy it back after Pesach. This is codified by the Rambam (Pesach 4:6) and S”A 448:3. The Beit Yosef 448:3 writes that selling it before Pesach and buying it back is Ha’arama (a scheme to avoid a prohibition) and yet it is permitted.
    • Gemara Shabbat 139b says that a certain Rabbi slept on a non-Jew’s boat on Shabbat claiming that he intended to sleep, even though he knew the non-Jew would sail the boat across the river. The Gemara says that his claim was HaAramah, but is permitted since it’s only an isser derabbanan and he was a talmid chacham. Bechor Shor (Pesachim 21a) learns from here that Ha’aramah is permitted only if the issue is derabbanan. He writes that after Bitul, the issue of owning Chametz is only derabbanan and Ha’aramah is acceptable. Bet Efraim 1:33 and Minchat Bikkurim (Tosefta 2:7) agree.
    • Mekor Chaim 448:11 rejects the Bechor Shor and explains that in Gemara Shabbat HaAramah was only permitted on an isser derabbanan because the Rabbi was actually violating an isser, however, by selling Chametz, one circumvents the issue altogether.
    • Rav Solovietchik (quoted by Rav Schachter in Nefesh HaRav p. 177) held that one shouldn’t sell Chametz BeEyn. [Halachos of Pesach (pg 32) defines Chametz BeEyn as mixtures which have a majority or equal amount of Chametz in comparison to the non-Chametz ingredients.] This opinion is based on the idea that Ha’aramah shouldn’t be performed except for Derabbanan issues. According to this, one may rely on Rabbeinu Tam (Pesachim 42a D”H VeElu), who holds that mixtures of Chametz are only a derabbanan issue of Bal Yeira’eh.
    • Rav Schachter in BeIkvei HaTzon (siman 15) writes to defend the minhag that Ha’aramah is acceptable to avoid an isser, but not to exempt one from a mitzvah because at the end of the day, one didn’t fulfill the mitzvah. Therefore, selling one’s Chametz only avoids the isser, and one may still fulfill the mitzvah of Tashbitu with burning the last unsold kezayit.
    • Halachos of Pesach (p. 123) records the practice of Rav Aharon Kotler not to sell Chametz BeEyn. However, Halachos of Pesach quoting Rav Moshe Feinstein, Tzitz Eliezer 20:51(2), and Yalkut Yosef 448:3(1) permit selling all forms of Chametz. Halachos of Pesach (p. 123) writes that most poskim allow the sale and that such is the minhag. See, however, Haggadah of the Roshei Yeshiva (pg 13) which writes that Rav Moshe's minhag was not to sell actual chametz but he did sell alcoholic beverages.
  2. ↑ Halachos of Pesach (p. 123) writes that sometimes those who desired not to sell Chametz unknowingly retained Chametz items. He adds that a student in a dorm should not assume that his Chametz was sold for him; rather, he should specifically request his father (or another individual) to be his representative to sell his Chametz. http://www.torah.org/advanced/weekly-halacha/5757/metzorah.html also says that one should sell his chametz even if he doesn't think he has any because there may be denatured ethyl alcohol in deodorant, shaving cream, or cologne.
  3. ↑ Rav Schachter on OU Pre-Pesach Webcast 5771 between minutes 26 and 27
  4. ↑ Rav Yisrael Belsky on OU Pre-Pesach Webcast 5771 between minutes 79 and 80
  5. ↑ Rabbi Sobolofsky at yutorah.org between minutes 4 and 6
  6. ↑ S"A 448:3 writes that one may not do a Matana Al Menat LeHachzir. Mishna Brurah 448:21 explains that even though usually a Matana Al Menat Lehachzir works to completely acquire something (such as S"A 558:4), by chametz because of the chumra of chametz one may not do a Matana Al Menat LeHachzir.
  7. ↑ Piskei Teshuvot 440:1 and http://www.vbm-torah.org/pesach/stocks.htm quote the dispute. Rabbi Yisrael Belsky based on Rav Moshe and many others at the OU Pre-Pesach Webcast between minutes 29:30 and 32:00 permits someone who owns shares but doesn't have any say in the company, however if someone has 30% (or so) of the company it's considered as if one is a partner and it'd be forbidden. Minchat Yitzchak 3:1 and Moadim Uzmanim 3:269 say that one should sell these stocks along with the rest of the chametz and not trade them during chol hamoed.
  8. ↑ Rabbi Sobolofsky at yutorah.org between minutes 6 and 8
  9. ↑ Rav Yisrael Belsky on OU Pre-Pesach Webcast 5771 between minutes 27:00 and 28:30
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