Passover: Defining Kosher l'Pesach

(1) The two messengers arrived in Sodom in the evening, as Lot was sitting in the gate of Sodom. When Lot saw them, he rose to greet them and, bowing low with his face to the ground, (2) he said, “Please, my lords, turn aside to your servant’s house to spend the night, and bathe your feet; then you may be on your way early.” But they said, “No, we will spend the night in the square.” (3) But he urged them strongly, so they turned his way and entered his house. He prepared a feast for them and baked unleavened bread, and they ate.

(2) ומצות אפה AND HE BAKED UNLEAVENED BREAD —It was Passover (Genesis Rabbah 48:12).

(1) ומצות אפה ויאכלו, “and he had baked unleavened bread, and they ate.” The reason the Torah mentions the kind of bread being served was to contrast it with the fact that Avraham never did serve bread to the angels. Here the Torah wanted to alert us to this. Here the angels did eat the bread as opposed to the meat which disappeared when it was served by Avraham to the angels. The “meal” when the angels were at Avraham’s resembled a sacrifice on the altar (compare our comments on 18,8).

(2) ויעש להם משתה, seeing it was night he did not have time to slaughter an animal in their honour, but he prepared something at short notice, served them drinks, and unleavened bread which can be prepared at short notice. It is good manners to prepare something at short notice for guests who arrived unexpectedly. The guest arriving at such a time is usually tired and does not care to wait until an elaborate meal can be prepared in his honour. The story has been recorded for all times in order to teach us how to serve unexpected guests arriving at night.

One must be careful when measuring the olive-sized portion of the vegetables with which he intends to fulfill the obligation of maror, and crush [them so that there is no] air between the leaves. Thus, the olive-sized portion [that he will be measuring] will include [just] the vegetables themselves and not the air between [the leaves].

Similarly, if there is empty space in the matzah, the empty space is not included in [the volume of] the olive-sized portion, and it must be crushed. (However, if there is no empty space in a matzah, even if it is soft and sponge-like, it need not be crushed [when measuring the olive-sized portion].)

(5) [In a case of] toasted grain that one singes in fire and grinds: We may not cook its flour in water, lest it was not properly roasted in the fire and it comes out that it becomes leavened when one cooks it. And likewise when one hardens new pots, one may not cook anything inside them except for baked matsah which they went back and ground; but roasted flour is forbidden, lest they did not roast it properly and it comes to be leavened.

(4) (4) 6th hour - behold the Chok Yaakov sides with the Bach that after six and half hours specifically; however, in the Magen Avrohom and in the Elya Rabbah, they side like the Shulchan Aruch that after six hours. So is the p'sak in the Bais Meir, and similarly is implied in the Biur HaGra. And one should know that from a legal perspective (i.e. as opposed to stringency considerations) it is permitted to bake Matza on Pesach; rather, those particular (in mitzva observance) are accustomed to bake everything prior to Pesach, that if a small bit of Chametz gets mixed, it can be nullified as opposed to on Pesach that the prohibition includes a small bit. And obviously when baking before Pesach even if there was in it a small bit of Chametz in the flour, it was already mixed and nullified, and permitted afterwards to bake the Matzos on Pesach; since, there is not becoming Chametz after baking. And there are those men of action that are strict on themselves, and they do not soak nor cook Matzos on Pesach from a concern that perhaps a little flour remains in the Matzos within that did not knead well, and by soaking it will become Chometz. See the Sharei Teshuva Siman 460 that from a legal perspective, there is not to worry for this; since, an establishment of a prohibition we do not establish (i.e. we do not assume a prohibition without cause) and especially nowadays that the custom is to make them very thin (i.e. the Matzos). Nonetheless, one who is accustomed to this stringency, do not abandon it, see there that he details in the matter. Write the Poskim one who bakes on the night of Yom Tov Mitvah Matzos should not bake except for what is necessary that night, not for the 2nd night. However, if he baked (some matzos) while still day, on the 1st night, he can say I'll eat today (i.e. the 1st night) hot bread (i.e. freshly baked Matzos). Then he will be able to bake other Matzos on the 1st night (to eat on the 1st night itself), and those that he baked while still day he will store away for the 2nd night. Write the Later Authorities that initially it is not worthwhile to bake on Yom Tov in order not to come to complications in separating Challah on Yom Tov. Similarly (there are issues) in pounding the flour, washing the utensils, that the children shouldn't fall asleep, and that one not come to eat the Afikomen after Chatzos.

(2) Once matza has been completely baked, the flour in it loses the capacity to become ḥametz, even if it is soaked in water for a long time. An indication that the matza is fully baked is that a crust has formed on its surface and that it breaks cleanly, with no threads of unbaked dough extending from it. Thus, it is permitted to soak matza in soup, and an elderly or sick person who cannot eat dry matza on the Seder night may soften matza by soaking it in water (SA 461:4 and below 16:29). Likewise, if the matza was ground into flour, it is permitted to knead it with water; one need not worry about it becoming ḥametz because, as mentioned, once it has been thoroughly baked, it cannot (SA 463:3). Therefore, one may bake cakes from the five species of grain during Pesaḥ, or cook various dishes – such as matza balls and gefilte fish – that contain matza meal.

Early-ripened barley which has been roasted and ground one does not cook its flour in water, lest it being not completely roasted, cooking it might leaven it when the mullin is boiled (Pi' gives flour into the dish to float) there is no leaven in them, but rather baked matzah which has been restored and ground again.

(1) THE LAWS OF WETHER FRUIT JUICES LEAVEN; 7 SECTIONS Fruit juice without water [or egg] does not leaven at all and is permitted to eat on Pesach matzah which was kneaded with fruit juice, even if [the dough] was idle all the day. However, one may not fulfill his obligation with it, because of its Matzah Ashirah, and the verse states "lechem onee".

A dilemma was raised before the scholars who were studying this issue. What is the meaning of the expression: That it [rice] is close to becoming leavened? Does this mean that it will be leavened even quicker than wheat or barley? Or does it perhaps mean that it is only close to being leavened, i.e., it resembles leavened bread, but it is not full-fledged leavened bread. In other words, perhaps Rabbi Yoḥanan ben Nuri maintains that these grains cannot in fact become full-fledged leavened bread, and one is not punished with karet for eating them on Passover. However, he rules that one should nevertheless avoid eating them, due to their similarity to leavened bread. The Gemara responds: Come and hear a resolution to this question, as it was taught in a baraita that Rabbi Yoḥanan ben Nuri said: Rice is a full-fledged type of grain. Therefore, one is liable to receive karet for eating it in its leavened state, and a person can fulfill his obligation to eat matza with it on Passover. This baraita clearly indicates that, according to the opinion of Rabbi Yoḥanan ben Nuri, rice becomes leavened like other grains, and the expression: It is close to becoming leavened, means that it becomes leavened quicker than other grains.

The prohibition against chametz applies only to the five species of grain. They include two species of wheat: wheat and spelt; and three species of barley: barley, oats, and rye.

However, kitniyot - e.g., rice, millet, beans, lentils and the like - do not become leavened. Even if one kneads rice flour or the like with boiling water and covers it with fabric until it rises like dough that has become leavened, it is permitted to be eaten. This is not leavening, but rather the decay [of the flour].

(1) Pesaĥ Kashrut / Sephardic and Ashkenazic Approaches to Keeping Kosher on Pesaĥ

(2) In general, there are two fundamental approaches to kashrut on Pesaḥ. According to most poskim, the laws of ḥametz on Pesaḥ are no different than the laws of all other forbidden foods, with one exception: all other forbidden foods are batel be-shishim (rendered insignificant when constituting less than one sixtieth of the volume of a mixture), whereas ḥametz is not. However, all other laws of mixtures apply to ḥametz on Pesaḥ. Therefore, when there is no halakhic reason to suspect that a food mixture has absorbed the taste of ḥametz, it is kosher for Pesaḥ. Likewise, where an individual posek is stringent and the great majority of poskim are lenient, halakha follows the lenient opinion.

(3) However, Ashkenazic Jews are customarily very strict about ḥametz, often showing concern for a stringent opinion even against the lenient majority and practicing caution where general halakhic principles indicate no reason to do so. Nevertheless, Ashkenazic custom also places a limit to its stringencies, and poskim are careful not to pile restrictions upon existing restrictions. The general tendency, though, is to show concern for every uncertainty. The basis for this approach is the Sages’ ruling that even a drop of ḥametz is forbidden; thus, if a mere crumb of ḥametz renders its entire mixture forbidden, so too individual halakhic opinions should be taken into account.

(4) This explains the consistent difference between the rulings of Shulḥan Arukh, which follow general halakhic principles, and those of Rema, which account, le-khatḥila, for the stringent opinions. Nonetheless, in cases of pressing need Rema adopts the lenient approach, since halakha fundamentally accords with most poskim.

(5) In general, Sephardim follow Shulḥan Arukh and Ashkenazim follow Rema [and Yemenites follow as closely as possible to the Rambam]. However, some Sephardic poskim tend to be stringent, and their rulings are accepted in some Sephardic communities.

(1) Pesaĥ Kashrut / Principles of Kosher Supervision on Pesaĥ

(2) There is a fundamental question regarding the laws of kashrut on Pesaḥ: what is the status of foods that are not normally made with ḥametz all year round? Are they kosher for Pesaḥ as they are, without any special supervision, or must we consider the possibility that they were somehow mixed with ḥametz and should not be eaten on Pesaḥ?

(3) According to Shulḥan Arukh, as long as there is no real concern that some ḥametz fell into this food or that it has absorbed the taste of ḥametz by being cooked in a pot in which ḥametz was cooked recently, there is no need to suspect that the food contains ḥametz.

(4) However, Rema writes that Ashkenazic custom is preferably to avoid eating specific products without special supervision for Pesaḥ. This is because ḥametz is used throughout the year, and we are not generally cautious about it, so we suspect that some of it may have fallen unnoticed into these particular foods. We are also concerned that the foods may have been unwittingly cooked in ḥametz pots.

(5) In practice, all kashrut organizations today tend to follow the stringent ruling of Rema and do not certify foods for Pesaḥ unless due caution to avoid ḥametz was exercised during the food’s preparation. Perhaps this is the way one must act today even according to Shulḥan Arukh, because all industrially produced foods contain a variety of ingredients, and there is concern that one of them is not kosher for Pesaḥ. Therefore, during Pesaḥ, one must be careful not to eat any factory food products that are not certified kosher for Pesaḥ.

(6) Where the facts of a case are not in doubt, there are still often practical differences between the rulings of Shulḥan Arukh and Rema. Although fundamentally the law accords with Shulḥan Arukh, the tendency today is to be stringent so that food will be kosher for all communities. This is the appropriate practice when it is not overly difficult to be stringent. However, when stringency causes significant loss, there is room to support those who follow Shulḥan Arukh.

(1) Pesaĥ Kashrut / Milk from an Animal That Ate Ĥametz

(2) One issue that the foremost Aḥaronim dealt with is the status of milk which came from a cow that ate ḥametz. Clearly the milk itself does not contain ḥametz, for it was digested and completely transformed to the point that it is no longer considered ḥametz at all. However, the cow was able to produce milk by virtue of the ḥametz, and since it is forbidden to derive benefit from ḥametz, perhaps it is forbidden to benefit from milk produced by the virtue of ḥametz.

(3) The poskim agree that milk obtained from a cow before the onset of the prohibition of ḥametz is kosher for Pesaḥ, because one is allowed to derive benefit from ḥametz before Pesaḥ. Just as it is permissible to sell ḥametz before Pesaḥ and use the money to buy food for Pesaḥ, so too it is permissible to feed a cow ḥametz before Pesaḥ in order to produce milk that will be consumed on Pesaḥ.

(4) The disagreement concerns milk from a gentile’s cow that ate ḥametz after the onset of the prohibition. Some poskim take a lenient stance, contending that since the ḥametz prohibition does not apply to the animal of a gentile, its milk is not considered produced in a forbidden manner. Furthermore, ḥametz alone does not cause milk to be produced. Rather, it must be combined with other foods and processed by the animal’s body. Since the ḥametz is only one component, it is not prohibited. On the other hand, some poskim rule stringently that as long as ḥametz is a factor causing the production of the milk, the milk is forbidden. Others say that if twenty-four hours have passed since the cow ate ḥametz, the milk is kosher.

(5) If the animal owned by a Jew was fed ḥametz in violation of halakha, one may not drink its milk, firstly because it is forbidden for the animal’s owner to derive benefit from ḥametz, and secondly because one may not assist those who violate the Torah. The same applies to eggs and meat.

(6) During Pesaḥ, Tnuva, a major Israeli dairy producer (and perhaps others) only accepts milk from dairy farms that have been made kosher for Pesaḥ and whose cows are not fed ḥametz. In this case, it is unnecessary to be scrupulous and buy milk products before Pesaḥ, because even dairy products manufactured on Pesaḥ are completely kosher for the duration of the holiday.

(3) Blessed are You, Hashem our G-d, King of the Universe.

(4) Upon the wine: for the vine and for the fruit of the vine.

(5) Upon fruits from the seven species: for the tree and for the fruit of the tree.

(6) Upon foods: for sustenance and for nourishment.

(7) Upon foods and wine together: for sustenance and for nourishment, and for the vine and for the fruit of the vine.

(8) And for the produce of the field and for the precious, good, and spacious land that You desired and have graciously given as a heritage to our forefathers, to consume from its fruit to be satisfied from its goodness, have mercy (please), Hashem our G-d, upon Israel your people, and upon Jerusalem your city, and upon Zion your glorious dwelling place, and upon your altar, and upon your palace, and (re)build Jerusalem the holy city soon and in our days. And we used to go to it, and we rejoiced in its construction, and did eat of the fruit thereof, and swore by the good thereof, and blessed You in holiness, in a state of ritual cleanness.

(9) On Shabbat: May it please You to strengthen us on this Sabbath day.

(10) On the Renewal of the Moon: Remember us for good on this Rosh Chodesh.

(11) On Rosh Hashanah: Remember us for good on this day of the Festival of Remembrance.

(11) On a Yom Tov: And we rejoice on this Feast (whichever it is).

(13) For You, Hashem, are good and good to all, and we thank you for the Land and for (14) upon the wine: the fruit of the vine. Blessed are You, Hashem, for the Land and for the fruit of the vine.

(15) upon fruits: the fruit: Blessed are You, Hashem, for the Land and for the fruit.

(16) upon foods: sustenance: Blessed are You, Hashem, for sustenance and for nourishment.

(15) upon foods and wine together: sustenance and for the fruit of the vine: Blessed are You, Hashem, for the Land, and for sustenance and nourishment, and for the fruit of the vine.