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Kitniyot: Difference between revisions

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== Definition ==
== Definition ==
# 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.<ref>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.  
# 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.<ref>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 Shulchan Aruch, 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.  
* 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.
* 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.</ref> One is permitted to keep Kitniyot in one's home on [[Pesach]].<ref> Rama 453:1 </ref>
* 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.</ref> One is permitted to keep Kitniyot in one's home on [[Pesach]].<ref> Rama 453:1 </ref>
# Although some sephardic poskim say that it is preferable not to eat kitniyot, the custom among Sephardim is to eat kitniyot on [[Pesach]].<ref> Rav Pealim 3:30, Yechave Daat 1:9 and 5:32. </ref>
# Although some sephardic poskim say that it is preferable not to eat kitniyot, the custom among Sephardim is to eat kitniyot on [[Pesach]].<ref> Rav Pealim 3:30, Yechave Daat 1:9 and 5:32. </ref>
# Sephardim should check the rice or any kitniyot to make sure that there's no chametz mixed before they cook them.<ref>Yalkut Yosef Kitzur S"A 453:1</ref>
# Sephardim should check the rice or any kitniyot to make sure that there's no chametz mixed before they cook them.<ref>Yalkut Yosef Kitzur Shulchan Aruch 453:1</ref>


==Which foods are Kitniyot?==
==Which foods are Kitniyot?==
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===Nullification of Kitniyot===
===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.<ref> 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. </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>
# 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 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. </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>
# Some poskim are lenient to allow Ashkenazim to eat processed foods with a minority of Kitniyot ingredients which aren't recognizable.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=1024&st=&pgnum=55 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.</ref>
# Some poskim are lenient to allow Ashkenazim to eat processed foods with a minority of Kitniyot ingredients which aren't recognizable.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=1024&st=&pgnum=55 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.</ref>
# A minority of Ashkenazi poskim permit Ashkenazim to eat foods with kitniyot oil in it.<ref>Bear Yitzchak 11, [https://ph.yhb.org.il/category/%D7%A4%D7%A1%D7%97/09-%D7%9E%D7%A0%D7%94%D7%92-%D7%90%D7%99%D7%A1%D7%95%D7%A8-%D7%A7%D7%98%D7%A0%D7%99%D7%95%D7%AA/ Penini Halacha (Pesach 9:6)] citing Rav Kook, [https://www.etzion.org.il/he/halakha/orach-chaim/holidays/laws-pesach-kitniyot Har Etzion] citing the practice of the Rabbanut</ref>
===Sephardim===
===Sephardim===
# 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]].<ref>Chazon Ovadia Pesach p. 84, Haggadah of Rav Elyashiv page 12 </ref>
# 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]].<ref>Chazon Ovadia Pesach p. 84, Haggadah of Rav Elyashiv page 12 </ref>
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# 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.<ref>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.  
# 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.<ref>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.</ref>
* 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.</ref>
==Gibroks==
# According to the Gemara it is permitted to eat matzah or matzah meal that was mixed or even cooked with water. Once it was baked properly it isn't going to become chametz.<ref>Gemara 39b</reF> Chasidim have a minhag not to eat any matzah that was wetted with water perhaps the matzah wasn't baked completely and there's some bits of unbaked flour left on it which could become chametz if mixed with water.<ref>Gilyonei Hashas Pesachim 40b (cited by fnt. to Maharam Chalavah) notes a source for this minhag in the Rif and Geonim's explanation of the Gemara Pesachim 40b. Maharam Chalavah 40b s.v. rava in fact says that one shouldn't make matzah meal baked foods, but then he seems to only forbid children making matzah meal foods and not adults who won't get confused with actual flour.</ref>


==Sources==  
==Sources==  
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[[Category:Pesach]]
[[Category:Pesach]]
[[Category:Holidays]]
[[Category:Holidays]]
{{Pesach}}
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