Menakhot 70 The prohibition against kitniyot, legumes, is a mistaken custom

I’m sure we’re all preparing for Passover by shopping for all the Kosher for Passover foods we need and reviewing the Haggadah to make our Seder interesting and meaningful. Daf TB Menakhot 70 could not have arrived at a more timely moment. I’m sure that many of you know the Ashkenazi prohibition against eating kitniyot, legumes, on Passover. I’m going to show you based on a Teshuva written by Rabbi David Golinkin that this is a mistaken custom; consequently, kitniyot are most definitely permitted during Passover.

 The Mishnah on this daf enumerates five different types of grain that the Gemara will limit the making of matzot to them. “Wheat, barley, spelt, oats, and rye…The Gemara asks: And there, with regard to matza itself, from where do we derive that it must be from one of those five grains? The Gemara answers: Reish 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 regard to substances that will come to a state of leavening does a person fulfill his obligation to eat matza by eating them on Passover, provided that he prevents them from becoming leavened. This serves to exclude these foods, i.e., rice, millet, 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 [sirḥon].”

The Mekhilta deRabbi Yishmael 8:1 teaches the same prohibition and exemption. "Seven days shall you eat matzoth"(Exodus 12:15): I might think that all types of matzoth are understood (i.e., that all grains are permitted as matzoth). It is, therefore, written (Devarim 16:3) "Do not eat chametz upon it; (seven days shall you eat matzoth upon it"). Scripture speaks only of something that can become chametz (i.e., that can turn sour) — wheat, barley, rye, oat, and spelt. This excludes rice, millet, poppyseed, pulse, and sesame, which do not become chametz, but which putrefy.

We have an explicit Gemara where the rabbis ate rice! “The Gemara asks: What are these two cooked foods (in honor of the festival) mentioned in the mishna? Rav Huna said: Beets and rice. The Gemara relates that Rava would seek beets and rice for his meal on Passover night, since this ruling came from Rav Huna’s mouth. Although Rava realized that Rav Huna was merely citing examples and did not mean that one must eat those specific foods, he wanted to fulfill the statement of his teacher precisely. ” (TB Pesakhim 114b)

The prohibition against kitniyot also contradicts the theory and practice of the Amoraim in Babylonia and in Israel, the Geonim and most of the early medieval authorities in all countries (altogether more than 50 Rishonim).

This prohibition isn’t an ancient one in Israel. This custom is mentioned for the first time in France and Provence the beginning of the 13^th century by Rabbi Asher of Lunel, Rabbi Samuel of Falaise, and Rabbi Peretz of Corbeil-from there and 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. So many different explanations means that nobody knows the real reason why kitniyot was originally forbidden. As a result, Rabbi Samuel of Falaise, one of the first to mention it, refer to it as a “mistaken custom” and Rabbi Yrukham called it a “foolish custom.”

Rabbi Golinkin posits a reason why this mistaken custom took root. “It is not the custom to eat kitniyot on a holiday since is written (Deuteronomy 16:14) ‘You shall rejoice in your holiday’ for there is no joy in eating cooked kitniyot” (Rabbi Manuakh, Provence, 1265 ca, his commentary on Rambam, Laws of Hametz and Matza, halakha1) Many Talmudic sources associate the eating of kitniyot as the opposite of rejoicing. Similarly, poor Greeks, Romans, and Arabs also ate kitniyot. It is not surprising why those who forbid the eating of kitniyot on the holiday. Especially kitniyot were served in a house of mourning and on 9^th of Av from the Talmudic times onward as well in the Middle Ages in Germany and Austria. In is logical to infer it eating kitniyot was not an appropriate symbol food on the happy holiday as Passover which has so many food requirements.

Many rabbinic authorities have ruled that it is permitted (and perhaps even obligatory) to do away with this type of “foolish custom” including Maimonides, the Rosh, the Ribash, and many others.

There are many reasons why we should do away with this “foolish custom”. It affects from enjoy the holiday by limiting the number of permitted foods especially those who are gluten intolerant.

 

Teshuva by Rabbi David Golinkin, 5749, published in Responsa of the Va’ad Halacha of the Rabbinical Assembly of Israel, Volume 3 5748-5749.