Kitniyot on Passover

A New Prohibition?

In 13th century France we hear for the first time of the custom of prohibiting rice and kitniyot on Pesaḥ. This custom was expressed in three different ways:

A. “Not to eat zeronim [i.e., humus] on Pesaḥ”. So wrote Rabbi Asher of Lunel in his Sefer Haminhagot, written in Provence ca. 1210 (he is quoted by Rabbeinu Manoaḥ on the Rambam, Ḥametz Umatzah, 5:1).

B. To use kitniyot only by halitah, i.e., to put them in water that is already boiling, because even the five species of grain can be eaten in this manner (Pesaḥim 39b and Rambam, Ḥametz Umatzah, 5:3). This custom was related by Rabbi Samuel of Falaise (in Or Zarua, part 2, fol. 58c) and also by Rabbeinu Peretz (in Hagahot Semak, paragraph 222). The second description is particularly interesting: “And it seems to me that I heard [from our Master and Rabbi, Yosef Shliah Tzibbur of Troyes 7 (13th century) in the name of his mother, the daughter of Rabbeinu Baruch (late 12 th century)](6) about the beans that should not be cooked on Pesaḥ other than in boiling water from the moment they are added to a pot”.

C. Rabbeinu Peretz also reports about another custom – a general prohibition on kitniyot: “and on kitniyot such as fèves [white beans] and beans and rice and lentils and the like, our rabbis are accustomed not to eat them at all on Pesaḥ.” Later on he claims that this it is something “that the world has been accustomed to prohibit from the days of the early Sages.” A similar custom is mentioned by Rabbi Aharon Hakohen of Lunel (Provence, early 14th century, in Sefer Orḥot Ḥayyim, Hilkhot Ḥametz Umatzah, paragraph 55) in the name of Rabbi Shemuel bar Mordechai z"l (Provence, ca. 1300): “And the early ones were accustomed [on Pesah] not to eat a cooked dish made from types of kitniyot ever.” And Rabbi Mordechai ben Hillel Ashkenazi relates (in the Mordechai on Pesaḥim, Chapter 2, paragraph 588): “And Rabbeinu Barukh and Rabbeinu [Shemuel] of Evreux (13th century) did not eat types of kitniyot on Pesaḥ”. (Golinkin 6-7)

Possible reasons for the "prohibition"?

1. Rabbi Asher of Lunel quoted above stated (ca. 1210): “And the entire world (sic!) followed this custom of not eating zeronim on Pesaḥ because they become leavened and therefore are called ḥimtzei (Yevamot 63a and Ḥullin 52b).

Rabbeynu Peterz aduces 3 reasons:

2. Kitniyot are cooked in a pot and dishes made from grains are cooked in a pot. If we become accustomed to a porridge made from kitniyot, we may err and also eat a porridge made from grain since both are cooked in pots.

3. According to Bava Metzia, chapter 7, kitniyot are called “something that is piled up”, like the five species of grain, so if we permit kitniyot, they will think that it is permissible to cook the five species of grain and therefore they made the decree. He even prohibits mustard because it is "piled up”.

4. In some places, bread is commonly made from kitniyot in the same way as bread is made from the five species of grain, and if we permit the use of kitniyot, they will think it is permissible to bake bread from the five species. Therefore, they made the decree.

5. Rabbi Barukh Hayyim [France ca. 1270] heard from Rabbi Barukh Hayyim who heard from his teacher Rabbi Avraham that the reason that beans are forbidden on Pesah is "because they are accustomed on weekdays [i.e., not on Pesah] to put flour in it [i.e., the beans] to make it thick, and they are liable to get confused [and do the same] on Pesah".

6. Rabbi Eleazar of Worms (d 1236) in his sermon for Pesah: "And that they don't eat beans and lentils [on Pesah], because they contain wheat" (Emanuel, p. 90). Prof. Emanuel suggests that at that time in Europe there was a three-year crop rotation which "led to unplanned growth of a little grain in a field of kitniyot." (Emanuel, p. 52)

7. Rabbeinu Manoaḥ (Provence, ca. 1265) in his commentary on the Rambam (Hilkhot Ḥametz Umatzah 5:1). "Rather, it is not proper to eat kitniyot on a festival, since it is written ‘And you shall rejoice on your festivals’ (Deut. 16:14) and there is no joy in eating a dish made from kitnit”.

Arguments against the "prohibition"

Rabbeinu Manoaḥ questioned Rabbi Asher's reasoning: “and it doesn’t seem reasonable to say that the custom derives from the prohibition at all, because there are no kitniyot in the world that become leavened"

Rabbeinu Yeruḥam ben Meshulam (Provence, 14c): "And those who are accustomed not to eat rice and cooked kitniyot on Pesaḥ, this is a foolish custom, unless they are doing it in order to be stringent with themselves, and I do not know why” (Toledot Adam Vehava, Netiv 5, part 3, Venice, 1553, fol. 41a)

Rabbi Sha'ul Berlin (Ashkenaz, 1740-1794) Besamim Rosh:

It is odd that the matter is explicitly permitted in the Gemara and it is not known from any source that a Bet Din issued a takkanah regarding this matter… but God forbid that we should prohibit that which is permitted for no reason, and especially to assist the poor and needy who do not have enough meat and [matzah] for the entire week of the festival… And the ones who adopt the stringent approach will in the future have to face the consequences"

Is it permissible to do away with an ancient custom when:

a) It is contrary to the halakhah as codified by the Talmud, the Geonim, and most of the Rishonim;

b) It has no clear or accepted reason so that five major authorities referred to it as a foolish custom/a mistaken custom/an unnecessary stringency/a stringency without rhyme or reason;

c) It causes disparagement of the mitzvot because many people know that the custom has no reason; d) It causes hefsed merubeh [substantial monetary loss] for the poor who must purchase more meat, fish and matzot, because rice and kitniyot are “prohibited” (Golinkin 14-15)

Yerushalmi Pesaḥim, 4:1 (30c):

The net fishermen of Tiberias, the barley producers of Tzipori, and the wheat pounders of Acco [were accustomed] not to work on Hol Hamoed [even though this is halakhically permissible].

One can understand the practice of the barley producers in Tzipori and the wheat pounders of Acco, [but] the net fishermen of Tiberias – aren’t they detracting from the joy of the festival!? [And the Talmud comes up with the explanation that they fished on Hol Hamoed b'shinui, by a different method]. Rabbi Imi meikeil (cursed/allowed) them because they are detracting from the joy of the festival"

Responsa of the Rosh 55:10

“And not only customs that entail a transgression must be changed, but even a custom instituted as a precaution and preventive measure which could lead to a distortion, should be done away with.” As an example, he cites the incident at the end of Pesaḥim 50b about the sons of Ḥozai who used to separate Hallah from rice bread (in line with Rabbi Yoḥanan ben Nuri’s approach in Source 7 above). They came and related this to Rav Yosef and he ruled: let a stranger [i.e., someone who is not a Kohen] eat it in front of them to show that rice is permitted without separating Hallah from it. The Rosh continues: “because they were afraid lest they separate Hallah from something that is obligated on something which is exempt and vice versa, because, due to the custom, they will think that rice is a type of grain. And so we say in the Yerushalmi (apparently Ma'aser Sheni 5:3, 56b at top): where the halakhah is uncertain, follow the custom… but where there is no uncertainty in the halakhah, you should not follow a custom that is contrary to the halakhah.”

...the bottom line is that it is possible to do away with the custom under discussion for several reasons:

a) The custom was followed because of a mistake and, in such a case, “he asks [the Sages] and they permit it to him”... or “they need not ask a Sage, because it is a mistaken custom"...

b) It detracts from the joy of the festival and Rabbi Imi already permitted eliminating -- or at least objected to -- such a custom....

c) The custom cannot annul an established halakhah...

d) There is no obligation to follow a bad custom...

(Golinkin 19)