Why Rice Should Be Allowed on Pesach

The Torah forbids us to eat chametz (leaven) on Pesach. Something becomes chametz when flour and water mix together long enough for the dough to rise. The Mishnah (Pesachim 35a) rules that chametz can be produced only from certain grains: wheat, barley, rye, spelt, and oats.¹Some question exists regarding the identification of the Gemara's "shibolet shu'al" as oats. Rav Yosef Efrati (Mesorah 13:66-71) notes Professor Yehudah Felix's claim that shibolet shu'al could not possibly be oats, and Rav Efrati vigorously disputes this claim. He cites Rav Yosef Shalom Eliashiv as supporting the view that shibolet shu'al is undoubtedly oats (the view accepted by almost all Rishonim). Ezra Frazer reports that Rav Aharon Lichtenstein does not flatly reject Professor Felix's claims, but he believes that one should continue to treat oats as shibolet shu'al, absent absolute proof that shibolet shu'al is something else. Rav Hershel Schachter has told this author that in case of great need one may use oat matzah at the Pesach seder. In general, Rav Schachter wrote this author that one should try to eat other mezonot foods together with oat products to avoid any doubt regarding the berachot before and after oats.

Millet and rice are not included in this list, explains the Mishnah, because they spoil and do not ferment. However, Rabi Yochanan Ben Nuri includes rice in the list of grains that can potentially become chametz. The Gemara (Pesachim 114b) states that Rabi Yochanan Ben Nuri is a lone authority concerning this topic. The Rishonim therefore rule in accordance with the majority view, which contends that rice cannot become chametz. The Rambam, for example, writes (Hilchot Chametz U'matzah 5:1):

The Rif omits the opinion of Rabi Yochanan Ben Nuri, indicating his acceptance of the majority view as the actual Halachah. Similarly, the Rosh (Pesachim 2:12), Baal Hamaor (Pesachim 26b in Rif's pages), and Ritva (Pesachim 35a s.v. Hanei) all rule in accordance with the majority view.

Regarding kitniyot, such as rice and beans, our rabbis have the practice not to eat them on Pesach. I believe that I have heard that one should not cook them on Pesach, besides in boiling water from the moment they are placed in the pot [this is what the Gemara calls chalitah -H.J.]. Many great rabbis are lenient concerning this issue, but it appears very difficult to permit something when the common practice to be strict dates back to the early ages. It is reasonable to say that this stringency did not emerge as a concern for [kitniyot being actual] chametz, because they would not err on matters familiar even to the youngest of students, and the Gemara explicitly states that only the five species of grain have the potential to become chametz... Rather, the reason is an edict to prevent violation of Torah law, since kitniyot are cooked in a manner similar to the way that grains are cooked. Had we permitted kitniyot, one could have easily become confused [with chametz], because they are cooked similarly... In addition, in many locales, kitniyot are made into bread, and people who are not well versed in Torah laws might become confused. This is not at all similar to vegetables, which are clearly distinguishable from the five grains. It is a proper minhag (custom) to refrain from eating all kitniyot, including mustard seed, because of their similarity to grain. Although the Talmud (Pesachim 114b) specifically permits rice, this rule applied only in Talmudic times, when all were well versed in Halachah. However, today we should certainly follow the decree that we mentioned... and even to put kitniyot in boiling hot water should be forbidden, because one might become confused and permit placing them in cold water.

The Beit Yosef (Orach Chaim 453) cites a different concern (which appears later in the Smak) - that kitniyot are mixed with grains that have the ability to become chametz. The Ritva (Pesachim 35a s.v. Tana) alludes to this concern:

One must carefully inspect [kitniyot, such as rice,] because spelt is constantly mixed with rice... Many pious individuals avoid eating these species on Pesach if they were cooked, due to concerns regarding these mixtures.