Reason for those on a gluten-free diet to rejoice TB 35

today’s daf  TB Pesakhim 35 returns to discuss the laws of Passover, explicitly the laws of matzah. Although most people buy as many boxes of matzah as they need from a store, some people still bake their own. If memory serves me correctly my children’s teachers, shelikhim from Israel, the Tzaidis, would bake their own matzah back at home in Rekhovot. Back in 1977 I was sent on a mission by the Jewish Agency to the Soviet Union to meet with refuseniks. I visited a Bucharan family who served me left over homemade matzah. Store bought matzah was unavailable back then as you can imagine.

The mishna teaches only these five grains may be used as flour to bake matzah and fulfill our obligation of eating matzah on the first night of Passover. “These are the types of grain with which a person fulfills his obligation to eat matza on the first night of Passover: With wheat, with barley, with spelt [kusmin], with rye [shifon], and with oats [shibbolet shu’al].” (Sefaria.org translation) 

"The Gemara explains why. “From where are these matters, that matza cannot be prepared from rice or millet, derived? Rabbi Shimon ben Lakish said, and likewise a Sage of the school of Rabbi Yishmael taught, and likewise a Sage of the school of Rabbi Eliezer ben Ya’akov taught that the verse states: “You shall eat no leavened bread with it; seven days you shall eat with it matza, the bread of affliction” (Deuteronomy 16:3). This verse indicates that only with substances which will come to a state of leavening, a person fulfills his obligation to eat matza with them, provided he prevents them from becoming leavened. This excludes these foods, i.e., rice, millet (some identify this grain with buckwheat-gg), and similar grains, which, even if flour is prepared from them and water is added to their flour, do not come to a state of leavening but to a state of decay [siraḥon]. ”

Grains like rice and millet are classified along with legumes, kitniyot. There is an Ashkenazic tradition to refrain from eating kitniyot on Passover. My friend, colleague, and teacher Dr. Rabbi David Golinkin has proven to my satisfaction that this is a mistaken tradition and should not be observed. He writes:

“It also contradicts the theory and practice of the Amoraim both in Babylonia and in Israel (Pesachim 114b and other sources), the Geonim (Seiltot, Halakhot Pesukot, Halakhot Gedolot, etc.), and most of the early medieval authorities in all countries (altogether more than 50 Rishonim!).

“This custom is mentioned for the first time in France and Provence in the beginning of the 13^th century by R. Asher of Luniel, R. Samuel of Falaise, and R. Peretz of Corbeil-from there it spread to various countries and the list of prohibited foods continued to expand. Nevertheless, the reason for the custom was unknown and as a result many sages invented at least 11 different explanations for the custom. As a result, R. Samuel of Falaise, one of the first to mention it, refer to it as a ‘mistaken custom’ and R. Yerucham called it a ‘foolish custom.’” (English summary of “Eating Kitniyot (Legumes) on Pesach Responsa of the Va’ad Halacha of the Rabbinical Assembly, volume 3, 5748-5749, page ix-x)

This is certainly good news to everybody who observes a gluten-free diet. Now the gluten-free person has more choices of food to enjoy at the Passover Seder. Everybody should be able to enjoy kitniyot (legumes) on Passover with one proviso. The ban on eating, owning, and deriving benefit from hametz during Passover is absolute. There should be no problem buying raw legumes and then using them on Passover. All items like beans and rice that need inspecting for impurities during the entire year should be inspected before Passover for hametz or purchase them with Sephardic rabbinical supervision. Any processed food needs the Sephardic rabbinical supervision to make sure that no hametz was included during the process.