Eating Kitniyot on Pesach: Change and Dissent

Some of the various reasons put forth to explain the prohibition on kitniyot:

• Permitting kitniyot could be confused with permitting grains because of the mode of their use (in porridge or bread)
• Permitting kitniyot could be confused with permitting grains because of the mode of their storage
• The possible mixing of wheat into the kitniyot (most likely as a result of their storage in the same bins).
• Perhaps, one sage speculates, it was customary to cook kitniyot with wheat and it was considered impossible to permit one without dragging along the other.

Rabbi Jacob Emden, known as Ya’avetz (Germany, 18th c.), the son of Tzvi Hirsch Ashkenazi, known as the Hakham Tzvi, wrote sharply against the Ashkenazic custom of avoiding kitniyot on Pesah.

"I testify that my illustrious father, that sainted man, suffered greatly on account of this. Throughout Hag haMatzot, he would rant and say, “If I had the strength I would abolish this terrible custom, a stringency... which causes harm and error... Because types of kitniyot are not available for the masses to eat their fill, they must bake much matzah... because of this they are not as careful with the dough as they should be... and they certainly err in a matter of karet. And matzot are expensive; not everyone can afford as much as they need... but kitniyot are available cheaply and easily and are permitted, so that they [the restrictive school] come to prevent the joy of the holiday through this stricture that has no reason...” Therefore I say: He who cancels this custom of avoiding eating kitniyot, I shall be with him. Hopefully other great scholars in this place will agree with me... All my days I have waited anxiously, when will I have the opportunity to publicize my father’s views to overturn this line of strictures that the public cannot abide... to establish law for [future] generations, to benefit the masses, and to remove a stumbling block from the path of my nation. This will surely be accounted a great mitzvah."

Eating Kitniyot (Legumes) on Pesach (English Summary)

Rabbi David Galinkin (Article in Voices of Conservative/Masorti Judaism)

[T]here are many good reasons to do away with this "foolish custom":

• It detracts from the joy of the holiday by limiting the number of permitted foods;
• It causes exorbitant price rises, which result in "major financial loss" and, as is well known, "the Torah has compassion on the people of Israel's money";
• It emphasizes the insignificant (legumes) and ignores the significant (chametz, which is forbidden from the five kinds of grain);
• It causes people to scoff at the commandments in general and at the prohibition of chametz in particular - if this custom has no purpose and is observed, then there is no reason to observe other commandments;
• Finally, it causes unnecessary divisions between Israel's different ethnic groups. On the other hand, there is only one reason to observe this custom: the desire to preserve an old custom. Obviously, this desire does not override all that was mentioned above. Therefore, both Ashkenazim and Sephardim are permitted to eat legumes and rice on Pesah without fear of transgressing any prohibition.

"A Teshuvah Permitting Ashkenazim to Eat Kitniyot on Pesah"

Rabbi Amy Levin and Rabbi Avram Israel Reisner

[The following teshuvah was approved by the CJLS on December 24, 2015 by a vote of nineteen in favor, one opposed, and two abstaining (19-1-2).]

Conclusion and Psak Halakhah:

In order to bring down the cost of making Pesach and support the healthier diet that is now becoming more common, and given the inapplicability today of the primary concerns that seem to have led to the custom of prohibiting kitniyot, and further, given our inclination in our day to present an accessible Judaism unencumbered by unneeded prohibitions, more easily able to participate in the culture that surrounds us, we are prepared to rely on the fundamental observance recorded in the Talmud and codes and permit the eating of kitniyot on Pesach.

Some Details of This Psak:

1) Fresh corn on the cob and fresh beans (like lima beans in their pods) may be purchased before and during Pesach, that is, treated like any other fresh vegetable.

2) Dried kitniyot (legumes, rice and corn) can be purchased bagged or in boxes and then sifted or sorted before Pesach. These should ideally not be purchased in bulk from bins because of the concern that the bin might previously have been used for chametz, and a few grains of chametz might be mixed in. In any case, one should inspect these before Pesach and discard any pieces of chametz. [However], if one did not inspect the rice or dried beans before Pesach, one should remove pieces of hametz found in the package on Pesach, discarding those, and the kitniyot themselves remain permissible.

3) Kitniyot in cans may only be purchased with Pesach certification since the canning process has certain related chametz concerns, and may be purchased on Pesach.

4) Frozen raw kitniyot (corn, edamame [soy beans], etc.): One may purchase bags of frozen non-hekhshered kitniyot before Pesach provided that one can either absolutely determine that no shared equipment was used or one is careful to inspect the contents before Pesach and discard any pieces of chametz. [However], even if one did not inspect the vegetables before Pesach, if one can remove pieces of chametz found in the package on Pesach, the vegetables themselves are permissible.

5) Processed foods, including tofu, although containing no listed chametz, continue to require Pesach certification due to the possibility of admixtures of hametz during production.

6) Even those who continue to observe the Ashkenazic custom of eschewing kitniyot during Pesach may eat from Pesach dishes, utensils and cooking vessels that have come into contact with kitniyot and may consume kitniyot derivatives like oil.[Note: One can purchase kitniyot derived oils (e.g. peanut oil, soybean oil, corn oil, etc.) prior to Pesach without a kosher for Pesach certification, and rely on any chametz that accidentally would be in the oil by virtue of nullification. This also applies to commercially available soda, which often contains corn syrup.]

Dissenting Opinion - Kitniyot on Passover

Rabbi Miriam Berkowitz, Rabbi Micah Peltz, Rabbi Baruch Frydman-Kohl, Rabbi David Hoffman, Rabbi Noah Bickart

Customs endure because religion is not always rational; visceral, emotional attachments to practice are an important part of the religious experience. Not eating kitniyot on Pesach may indeed be a foolish custom, but it has been part of Pesach observance for Ashkenazi Jews for centuries. It allows them to identify in the smallest measure with the Hebrew slaves, connects them to their ancestors, and makes Passover very different from all other times of year. Without a compelling ethical reason to change it, we think this practice should continue.