Kitniot

Although the Torah only forbids the consumption of chametz on Pesach, universal Ashkenazi custom is to refrain from "kitniot", as well.[1] Kitniot, often translated as "legumes", refers to rice and other grain-like products.[2] However, kitniot are actually not chametz at all.[3] Sefardic Jews generally eat most types of kitniot on Pesach without reservation,[4] though there are those who have the custom not to eat kitniot, either.[5] There is also a Sefardic custom to refrain from rice on Pesach but to permit all other forms of kitniot.[6]

Even though kitniot may not be eaten by Ashkenazim on Pesach, there is no problem, however, for Ashkenazim to own or even to derive benefit from kitniot on Pesach.[7] In the event that kitniot products were accidentally mixed into one's Pesach food, the food may be eaten as long as the majority of the contents are non-kitniot.[8] Even those who normally eat kitniot on Pesach may not use matza made out of kitniot flour for the mitzva of matza on the Seder night.[9] An Ashkenazi Jew who is a guest in a Sefardic home on Pesach is permitted to partake of all non-kitniot foods that he is served. This is true even if the pots and utensils which were used to cook or serve the food were previously used for kitniot.[10]

There are a number of reasons why the custom not to eat kitniot evolved.[11] Among them is the concern that chametz grains may have been accidentally mixed into the kitniot grains.[12] This was a very realistic concern in colder countries where different grains were often stored together for preservation over the course of the long and bitter winters. There is also concern for the fact that chametz and kitniot products are often used to produce very similar looking foods. For example, corn bread, although only kitniot, looks very similar to regular chametz bread. As such, there is legitimate concern that the two could get mixed up over Pesach if kitniot were permitted.[13] Finally, it is noted that raw kitniot grains look very similar to chametz ones which could also lead to confusion and mix- up between one and the other.[14]

It is generally accepted that rice, buckwheat, millet, beans, lentils, peas, sesame seeds, and mustard are all considered to be kitniot.[15] Although there were authorities in the past who were in favor of classifying potatoes as kitniot since potato flour is used just like regular flour, this opinion never gained popularity.[16] Coffee, tea, and garlic are not considered to be kitniot.[17] Peanuts and peanut oil are generally not classified as kitniot, though there are those who refrain from these items, as well.[18]

One should cease eating kitniot on Erev Pesach from the time that chametz becomes forbidden. In an emergency, however, one may eat Kitniot right up until the start of Pesach.[19] There is also  mysterious teaching which says that one should not eat kitniot on any day of the year on which Tachanun is not recited.[20] Children and those who are ill are permitted to eat kitniot on Pesach should they need to do so.[21]One who is required to prepare or cook kitniot on Pesach should have special dishes and utensils for this purpose. A woman must follow the customs of her husband with regards to kitniot.[22]

While the custom not to eat kitniot on Pesach is among the most sacred within Ashkenazi tradition and must never be compromised,[23] there have been emergency situations in the past where rabbinical authorities have issued one-time dispensations to consume kitniot over Pesach.[24] As the Chayei Adam writes: "In a time of difficulty (b'shaat hadechak) when a person is barely able to obtain any food at all, it is permissible to cook kitniot."[25] As such, there were those who permitted kitniot in 1771, 1772, and 1810 due to a famine which raged in Germany and neighboring areas. There were even authorities who permitted kitniot when the price of regular Pesach food was exceptionally high, as was the case in 1880.[26] The Israeli Rabbanut permitted kitniot in 1942 due to the hardships that the people were faced with. Even when kitniot are permitted, one is required to properly inspect the kitniot to ensure that no chametz grains have been mixed in. In many cases one will also be required to scald the kitniot in boiling hot water before use.

[1] Darkei Moshe, OC 453:2.

[2] Rambam, Hilchot Chametz U'matza 5:1.

[3] Pesachim 35a

[4] OC 453:1.

[5] Beit Yosef, OC 453; Kaf Hachaim, OC 453:8; Devar Chevron 2:502.

[6] Kaf Hachaim, OC 453:10,15.

[7] Magen Avraham 453:3; Shulchan Aruch Harav, OC 453:5.

[8] Mishna Berura 453:9.

[9] Rambam, Hilchot Chametz U'matza 5:1; OC 453:1.

[10] Kaf Hachaim, OC 453:27.

[11] Smak 222.

[12] Tur, OC 453; Mishna Berura 453:6.

[13] Mishna Berura 453:6, 464:5.

[14] OC 453:1. See also Rivevot Ephraim 7:257.

[15] Beit Yosef, OC 453; Rema, OC 453:1, 464:1; Mishna Berura 453:4,7,11.

[16] Igrot Moshe, OC 3:63; Yad Aharon 16.

[17] Shaarei Teshuva, OC 453:1; Chayei Adam 127:7; Kaf Hachaim, OC 453:21, 23.

[18] Igrot Moshe, OC 3:63.

[19] Piskei Teshuvot 453:4.

[20] Be'er Heitev, OC 131:17 cited in Piskei Teshuvot 453 footnote 13.

[21] Mishna Berura 453:7; Devar Chevron 2:503.

[22] Yabia Omer 5:37; Devar Chevron 2:505. Also of interest: EH 1:59; Igrot Moshe, OC 1:158; Minchat Yitzchak 4:83.

[23] Kaf Hachaim, OC 453:11; Devar Chevron 2:500.

[24] Kaf Hachaim, OC 453:13.

[25] Cited in "Festivals in Halacha" by Rabbi Shlomo Yosef Zevin.

[26] Divrei Malkiel 1:28