02 Apr KITNIYOS AND KITNIYOS SH’NISHTANA
We are all familiar with
the customs of kitniyos
on Pesach, but who
does it apply to, what is
included in the custom,
and what about derivates
or extracts from kitniyos?
The Custom
The custom among
Ashkenazik circles is not
to eat kitniyos which includes rice, buckwheat,
millet, beans and lentils, peas, and mustard.
An Ashkenazi Jew should not be lenient with
regard to eating kitniyos. The custom among the
Sefardim is that kitniyos may be eaten. Although,
some poskim say that even Sefardim should not
eat rice. However, the minhag of most Sefardim is
to eat rice on Pesach.
The custom to refrain from eating kitniyos
emerged after the time of the Gemorah, about the
time of the Maharil (approx 1427). It has become
the accepted custom. It is a custom which is a
chumra, not according to the letter of the law.
Nonetheless, the Aruch Ha’shulchan says “one
who is lenient in this it is testimonial that he has no
fear of Hashem or fear of sin, and he is not a expert
in the ways of Torah.” In addition he says “this
custom is followed by all of Germany, France,
Russia, and Poland, and all of their descendants,
which has a good reason, and a snake should bite
one who derives from it.”
Reasons
Some say the reason to refrain from eating kitniyos
is because it grows in fields that are adjacent to the
fields where chometz is grown, and some wheat
(chometz) may be mixed into the kitniyos. Since
it is impossible to sift the grains, it may become
chometz when the grains ferment. In addition,
many times one grinds the rice into a powder
which resembles flour. An unlearned person may
then think that this is wheat flour and use regular
wheat flour as well. Furthermore, according to
the stringent opinion it is not eaten because of a
lo plug: just as wheat is forbidden so this is also
not eaten. The opinion of the Rabbeinu M’noach
is that because when one eats kitniyos, one does
not have true simcha and one is supposed to have
simcha on Yom Tov.
From When?
The custom is that those who refrain from eating
kitniyos do so from Erev Pesach at the time when
chometz is forbidden.
Which Additional Items are Included
Aside from items listed above, additional items
are also included in the minhag to refrain from
eating on Pesach. Beans, Bean sprouts, Black eye
peas, Canola Oil (see below), Caraway, Chickpeas
Corinader, Corn, Corn Syrup (see below), Cumin,
Dextrose, Emulsifiers, Fennel, Fenugreek, Flax
Seeds, Green beans, Kimmel, Lechitin, Lentils,
Licorice, Lucerne, Lupine, Millet, Mustard,
Popcorn, Poppy Seeds, Saffron, Sesame Seeds,
Snow Peas, Soy Oil, Soy beans, Soy, Starch,
Stabilizers, String beans, Sunflower Seeds, Tofu.
However, coffee, tea, garlic, and radishes, are not
included in the chumra of kitniyos.
Spices are not included in the chumra of kitniyos.
Nonetheless, one should check them and other
kitniyos (when permitted) to make sure no
chometz grains where mixed in.
Potatoes
There are some poskim who include potatoes in the
minhag to refrain from eating kitniyos on Pesach,
since they too, are ground into flour which can be
confused with grain flour. However, this opinion
is not accepted today. Horav Moshe Feinstein zt”l
says that we only define something as kitniyos if
there is a custom to regard it as kitniyos. Since the
custom of kitniyos dates back to the times of the
Maharil and potatoes did not reach the shores of
Europe until the 16th century, they were never
included in the chumra. Also since there is a great
need for potatoes on Pesach kept this kept hem
away from being prohibited.
Peanuts
Horav Moshe Feinstein zt”l says one who has
the custom to refrain from eating peanuts should
adhere to his custom. However, one who does
not have such a custom does not have to refrain
from eating peanuts. Peanuts and peanut oil are
permitted on Pesach and not included in kitniyos
because any food which was not around at the
time of the chumra is not forbidden (see potatoes
above). The custom of some is to be lenient
regarding using peanut oil as well.
Paper Towels
One may place food directly on paper towels,
and need not be concerned about starch. There
is no chumra, issur, or minhag to prevent a drop
of kitniyos from falling into food. Indeed, the
Shulchan Aruch permits the use of a lamp filled
with oil from kitniyos even though it is certain that
some of the kitniyos will be sprayed onto food. In
the case of the paper towels, there is no certainty
at all of any leaching into the food. In the case of
the paper towels, no one has ever confirmed the
leaching of even a molecule of starch from the
paper towel into the food. The kitniyos starch is so
firmly bonded to the paper towel that an iodine test
won’t’ reveal its presence.
Derivatives from Kitniyos
Although the Rama clearly says that oil made
from kitniyos is not permitted on Pesach. Some
say if it is made before Pesach it is permitted, the
custom follows the Rama.
Many times a company will make oil from a grain
There is a discussion in the poskim if oil made
from kitniyos has the same status as the grain itself
and an Ashkenazi would not be able to use it on
Pesach, or is it not considered from the grain and
permitted?
This is very common with soybean and corn oil.
The opinion of Horav Kook zt”l was to be lenient.
However, the accepted custom is to be stringent.
Therefore, the custom is not to use soybean or
vegetable oil. Some say that canola oil, which is
actually “rapeseed oil,” belonging to the mustard
and cabbage family, should not be used on Pesach
as it was around at the time when the issue of
kitniyos was accepted upon those who follow
the custom to be stringent. Oil from olives, palm,
coconut, and walnuts are not subject to the chumra
of kitniyos.
Cottonseed oil is made from extracted oil from
the seeds of the cotton plant after the lint has been
removed. The Minchas Yitzchok is unsure whether
to permit its usage for Pesach. Horav Shlomo
Zalman Aurbach zt”l says the custom is to refrain
from using this oil on Pesach. The Tzelhmer Rav
zt”l was lenient. The custom in Eretz Yisroel is to
be stringent and avoid using cottonseed oil, but
in America cottonseed oil is permitted, following
the custom of Horav Moshe Feinstein zt”l, Horav
Yaakov Kamenetsky zt”l, and all the Rabbonim
who came from Europe.
Kitniyos Derivatives
An example of kintniyos derivatives is cornstarch
and corn syrup (including high fructose corn
syrup): corn starch comes from the starchy part of
the corn. To make corn syrup, enzymes are added
to the corn starch turning it into a syrupy mixture of
glucose, dextrose, and maltose. Another example
of a kitniyos derivative is lecithin which is made
from soybeans. Most halachic authorities agree
that corn syrup has the same status as corn and
is subject to the halachos of kitniyos. Most major
Kashrus organizations do not certify products for
Pesach made from kitniyos derivatives.
Kitniyos Sh’nishtana
The Mishnah Berurah says regarding “musk”
which is a byproduct of blood that is found in the
stomach of a deer that we can consider it changed
since the blood is turned into a new entity. This
is how many poskim hold. He ends off that one
can rely on this if there musk is butel in sixty in
the food. Horav Yisroel Belsky Shlita holds that
although the Mishnah Berurah may be lenient we
should not certify an issur d’rabbanan which is
nishtana, although by Pesach it is allowed since
kitniyos is only at best a minhag. The custom is to
permit the use of kitniyos sh’nishtana and there is
no reason to be stringent. Those who are stringent
are doing so because they think it is a chumra to do
so but that is not correct.
Horav Elyashiv Shlita is reported as not allowing
kitniyos sh’nishtana for Pesach..
Corn syrup which is changed into sorbitol is not
considered a change (nishtana) and therefore is
subject to the halachos of kitniyos. This is also true
for dextrose. However, if the corn syrup is turned
into ascorbic acid, it is considered changed and
is not subject to the halachos of kitniyos. Citric
acid is produced from, kitniyos, but is certified for
Pesach use (see below).
In order for kitniyos to be qualified as nishtana,
the kitniyos has to go through a significant change
in taste.
Kitniyos sh’nishtana plays an important role in
certifying diet soda since it is made from aspartame
which is a sweet enzyme that grows on derivative
of kitniyos. The custom of OU and KOF-K is to
be lenient and certify such products. Others are not
convinced that this should be done. The custom of
Rabbi Landau in Eretz Yisroel is not to certify diet
soda for Pesach that uses aspartame.
Sodium Erythorbate is kitniyos sh’nishtana which
is used in Pesachdika frankfurters. A different
kitniyos sh’nishtana goes into frozen gefilte fish.
Other kitniyos sh’nishtana ingredients are malto
dextrin, NutraSweet, polysorbates, sodium citrate
and xanthan gum.
Some examples of kitniyos sh’nishtana which
are certified by the OU: citric acid, and erythoric
acid. Enzymes fermented from kitniyos are also
kitniyos sh’nishtana.
Propylene Glycol
Propylene glycol can be made in two ways. One
is a petroleum based formula and the other is
from glycerin which is processed from vegetable,
rapeseed, and palm oil. The first is not a concern of
kitniyos, but the second method would depend on
whether we consider rapeseed, palm or sunflower
oil a concern of kitniyos. The petroleum based
method is much cheaper and most commonly used
to make propylene glycol. About 5% of propylene
glycol is produced from glycerin. The custom is to
treat this product as kosher for Pesach.
Quinoa (“keen-wa”)
Quinoa is a sesame sized kernel, of the beet family
and does not resemble any of the five grains which
are chometz or kitniyos. Some say it may be used
for Pesach. However,
the custom is that Quinoa is not used for Pesach
since it is used the same way as wheat.
Benefit
Even according to the stringent opinion, kitniyos
is not chometz. One is allowed to have enjoyment
from kitniyos, something which is not allowed by
chometz. Based on this, one is permitted to feed
his animal a product which is kitniyos. One is also
allowed to keep kitniyos in one’s house during
Pesach if it has a hechsher without selling it to
a goy. One should write on the product that it is
kitniyos.
Children
One is permitted to feed kitniyos to children,
including baby formula that contains kitniyos.
One may give kitniyos to his children as long as
there is a need for it, and there is no maximum age.
Some say it is proper to keep separate dishes for
kitniyos food. Others hold there is no reason for
this to be done and one may use the same utensils.
The utensils may be washed in the same sink as
non-kitniyos items.
Sick r”l – Pressing Situation
One who is sick r”l (even if he is not in danger)
may eat kitniyos on Pesach. Based on this, one
who is sick would be able to take a pill which has
kitniyos. When one is in a pressing situation, one
can eat kitniyos.
Other Halachos Regarding Kitniyos
Some say in Eretz Yisroel the custom was to
permit the eating of kitniyos. This is not true
today. A person who lives in Chutz L’aretz who
finds himself in a place where the custom is to eat
kitniyos must not eat there.
One who depends on his father for support must
follow his father’s custom in regard to kitniyos.
A woman from a Sefardi background, who ate
kitniyos all her life, may not do so if she marries
an Ashkenazi. However, if the husband agrees,
she may follow her old custom. If an Ashkenazi
woman gets married to a Sefardi then she may eat
kitniyos, but some say she should be matir neder
beforehand.
If an Ashkenazi Jew finds himself in a Sefardi’s
home on Pesach, he may eat the food that was
cooked already in pots that cooked kitniyos.
Bitel
Kitniyos is butel in rov if it was mixed into a food
on Pesach.
Muktzah
Kitniyos is not muktzah for an Ashkenazi person,
since one is able to give it to a Sefardi. In addition
it can be given to a child who is need of it.
The Bais Din said that in order for nishtana to be
a heter the food may have to become nifsal from
being eaten by a dog (nifsal m’achilas kelev),
otherwise it does not work as a heter. However,
this matter was left undecided since others say
that nifsal… is not required. The Bais Din was not
quick to permit the use of Quinoa for Pesach.