Chapter 9:

Kitniyot

Chapter 9:

Kitniyot

  1. What Is Kitniyot?

There is an Ashkenazic custom1 dating back many centuries to prohibit rice and various beans/lentils on Pesach.2 The name given to this class of food is the Hebrew word for beans/lentils - “Kitniyot.” 3

Specific Food Items

  1. Any food item specifically mentioned in the Rama or specified by the earlier Ashkenazic halachic authorities4 constitutes kitniyot and should not be consumed by Ashkenazim (or anyone else who has this family custom) on Pesach. These items include rice, beans, lentils, chickpeas, buckwheat, millet, peas, mustard seeds,5 poppy seeds and sesame seeds.6 Sephardim who do not have this custom may eat any of these kitniyot category foods.7
  2. However, if any of these kitniyot items is found in a packaged food item and is a minor ingredient (<50%) it may be consumed on Pesach.8
  3. If the item has been chemically changed (such as syrups, lecithin or isolate), it may be consumed on Pesach even if it is a majority ingredient.9
  4. If it is questionable whether a food falls in the category of kitniyot, it may be consumed on Pesach.10 This includes green beans, hemp seeds, flax seeds, chia seeds, sunflower seeds, pumpkin seeds, anise seeds, coriander, cumin, saffron, tapioca, amaranth, etc.
  5. Quinoa is kosher for Pesach in any form and is not considered to be kitniyot. One need not be concerned that small pieces or traces of chametz might be mixed into the package.11 
  6. Any food that is known not to have been available to Jewish communities in Europe until after the 15th-16th century, such as corn, soy or peanuts, is of questionable kitniyot status.12 Because many have the custom to be stringent with these items today, it would be reasonable not to eat these items in their regular state. Tofu would be included in this category as well.
  7. However, if corn, soy or peanuts are converted into oil,13 are chemically changed (such as corn syrup, soy lecithin, etc.),14 and/or are mixed with other ingredients and are less than 50% of the product,15 they would be permissible.
  8. Many soy sauces and other flavored sauces are made from wheat and are NOT kosher for Pesach. If the ingredients do not contain any of the 5 grains but do contain soy as a main ingredient, it would make sense to not use these sauces as per 9:2: f-g above.16
  9. A child,17 an elderly or ill person may eat any kind of kitniyot.18 Therefore, baby food/formula is permitted if it does not contain any of the 5 grains.

Other Examples of Common Food Items

  1. Hummus, tahina, canned beans, and rice cakes are kitniyot.
  2. Kosher beverages, ice creams, sorbets, candy, yogurt, protein powders, etc., are usually not prohibited due to kitniyot19 (but of course can only be eaten if none of the ingredients contain chametz.)

Notes

  1. See Shu”t Divrei Malkiel 1:28, Igrot Moshe OC 3:63.

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  2. See Hagahot Rabbeinu Peretz on Sefer Mitzvot Ketanot 122, Minhagei Maharil 25, Rama OC 453:1, Sma”k Mitzurich Mitzvah 219, Shu”t Taam Baruch OC 10.

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  3. There has been much discussion about whether this customary prohibition regarding kitniyot should apply nowadays, because it is said that the reasons for this custom do not exist anymore (See Toldot Adam v’Chava of Rabbeinu Yerucham 5:3, Beit Yosef OC 453, Tur OC 453, Mor U’Ketzia OC 453 etc.) The major reasons for the prohibition are: There might be pieces/kernels of 5 grains (like barley) mixed into items like rice or beans during packing/shipping; or because food products made from rice and beans are similar to chametz baked products, and someone might get confused (See OC 453:6 and 464:5.) However, it is difficult to argue that the kitniyot injunction no longer applies, because the Rama (OC 453:1) rules that the prohibition does apply. Also, it has been an Ashkenazic custom for centuries and cannot simply be dismissed (See AH OC 453:4.) Despite this, it is not a simple matter to add to the basic prohibitions of this custom, as for one thing, it is questionable whether it is halachically permissible to add to a custom (See Rosh Shabbat 2:15, Shu”t Chacham Tzvi 46, She’elat Yaavetz 1:151, Be’er Tzvi 16, Orach Mishpat OC 112, Magid Mishna Chametz U’Matzah 5:20.) Furthermore, one can be lenient in a case where it is questionable whether a food item is classified as kitniyot for the reason of “safek minhag l’hakel”, that one may be lenient regarding questionable customary obligations (See Shu”t Daa’t Kohen 4, Chida in Shiurei Bracha 214:2, Igrot Moshe OC 2:99, 3:63 and 8:38, Ateret Tuvia end of Hil. Megilla.) Also see Shu”t Orach Mishpat 111.

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  4. Such as Rabbeinu Peretz (13th Century) or Maharil (14th Century.)

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  5. Rama OC 464:1.

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  6. Rama OC 453:1. Also see MT Kilayim 1:8.

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  7. S”A OC 453:1

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  8. Per Rama OC 453:1. See Shu”t Be’er Yitzchak OC 11. There is no issue of bitul issur lichatchila since the item is produced by a company before it reaches the supermarket. See Shach YD 84:29, Taz YD 138:14 and YD 137:4 and Pitchei Teshuvah YD 99:4. Also see Igrot Moshe YD 1 62-64.

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  9. Because it is “Nishtaneh L’gamrei” – it has completely changed its chemical form, which is a much greater change than “mei kitniyot” that the Rama prohibits. The MB 216:7 holds that this would permit an issur d’rabbanan, so regarding a custom such as kitniyot, it should certainly be permitted. See Shu”t Be’er Yitzchak OC 11, Emek Halacha 134, Maharsham 1:183, Milamed Lehoeil OC 88 in the name of RSR Hirsch, Seridei Eish 2:38, Marcheshet 3, Orach Mishpat 111.

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  10. Because of safek minhag l’hakel. See Igrot Moshe OC 3:63. See Shu”t Orach Mishpat ibid. See footnote above to 9:1. Also heard from a known Posek.

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  11. “Based on its low risk for cross-contamination, Celiac.com has had quinoa on our safe list since 1995. A vast amount of evidence supports that listing.” (“Is Quinoa a Safe Gluten-Free Food?” Celiac.com 11/15/17.)

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  12. See Igrot Moshe ibid. See Orach Mishpat ibid.

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  13. See Mikra’ei Kodesh of HaRav Tzvi Pesach Frank 205-206, Shu”t Chelkat Yaakov 1:97, Orach Mishpat OC 112, Maharsham 1:183, Marcheshet 3, Be&#x27;er Yitzchak OC 11.

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  14. See above note to 9:2c.

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  15. Per Rama ibid.

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  16. However, in extenuating circumstances (shaat hadchak), it would be permissible to consume non-chametz sauces because of safek minhag l’kula: it is liquid, which might qualify as shemen kitniyot which would be permissible according to the Maharshal (cf. Rama ibid.) Also, the majority ingredient is soy which might not be included in the gezeira, per 2f above.

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  17. Under age 9 per Sefer Kovetz Halachot of HaRav Shmuel Kaminetsky Shlit’a.

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  18. MB 453:7, Chayei Adam 7.

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  19. Due to the conditions outlined above.

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