The Complex Debate Over Kitniyot During Pesach Explained

As an adherent to Ashkenazi customs, I am curious about the status of kitniyot during Pesach. Specifically, is kitniyot considered chametz? Also, why do Sephardic communities not regard the consumption of kitniyot as problematic during this period? Could you please clarify these points?

Thank you for your question.

There is much discussion and many misconceptions regarding kitniyot and why it is prohibited for Ashkenazim.

To truly understand the halacha, it is important to first study a section of the Gemara that discusses the types of grain considered as chametz. This discussion is found in Masechet Pesachim, page 35a.

תלמוד בבלי מסכת פסחים דף לה עמוד א

אלו דברים שאדם יוצא בהן ידי חובתו בפסח: בחטים, בשעורים, בכוסמין, ובשיפון, ובשיבולת שועל.

The Gemara states that one may only fulfill the mitzvah of eating matzah with matzah that is made from one of the five grains: wheat, barley, spelt, rye, and oats.

The Gemara explains that the reason for this halacha is that only these five grains have the potential to become chametz, as they undergo the process of fermentation. In contrast, bread made from rice flour, even though it rises and resembles bread, does not undergo a true fermentation process; instead, it decays. Therefore, since it cannot become chametz, this type of flour cannot be used for matzot. This is derived from the verse as follows:

תלמוד בבלי מסכת פסחים דף לה עמוד א

וכן תנא דבי רבי אליעזר בן יעקב: אמר קרא לא תאכל עליו חמץ שבעת ימים תאכל עליו מצות דברים הבאים לידי חימוץ - אדם יוצא בהן ידי חובתו במצה, יצאו אלו שאין באין לידי חימוץ אלא לידי סירחון.

Rabbi Eliezer ben Ya’akov explains: The verse states, 'You shall not eat leavened bread; for seven days you shall eat unleavened bread' (Deuteronomy 16:3). This verse links the prohibition against eating chametz with the mitzvah of eating matzah. From this, we learn that one can only fulfill the mitzvah of matzah with bread that has the potential to become chametz. This excludes breads that do not ferment into chametz but instead decay.

We learn from this halacha, that bread made from rice flour does not become chamtets at all; rather, it undergoes a process of decay.

Based on this, the Beit Yosef writes in the Shulchan Aruch, Orach Chaim, Laws of Pesach, Siman 453, seif 1:

"These are the items with which one can fulfill the obligation of matzah: wheat, barley, spelt, oats, and rye. (And the custom is to preferably use wheat) (Maharil). However, rice and other types of kitniyot, which do not leaven but rather decay, are not suitable to fulfill ones obligation(of eating matzah), However, it is permitted to cook dishes with them."

Even according to Sephardic custom, which allows the consumption of kitniyot during Pesach, Never the less the rice must be checked three times before Pesach to ensure that no kernels of wheat have been mixed into the rice, as will soon be explained.

However, the Rema writes that the custom of the Ashkenazi Jews is to be stringent and not eat kitniyot on Pesach. There are two reasons for this stringency:

First, as we know, one may not eat even a minute amount of chametz on Pesach, and there is no nullification even in sixty times the amount. Therefore, there is concern that a kernel of wheat might be mixed into all the rice one is using, and then the entire dish would become forbidden.

Second, since bread or dishes made from kitniyot look very similar to those made from chametz, people who are not knowledgeable about the laws of Pesach might mistakenly think that it is permissible to eat chametz during Pesach.

Because of these two reasons, the Rishonim (the Mordechai and the Rosh at loc ) prohibit eating kitniyot on Pesach.

Since, as we explained, kitniyot is not really chametz but rather a stringency that was accepted by all Ashkenazi Jews, the Rema notes that there are specific leniencies regarding kitniyot.

For example, kitniyot is nullified by the majority (battel b'rov), meaning that if kitniyot is accidentally used in a dish and constitutes the minority, then it is permitted bedieved. Similarly, if kitniyot is used by mistake as a spice in a dish, even though its flavor is still detectable, it is considered nullified. Same too one doesn’t have to sell any kitniyot food one has at home, although the custom is to sell it unless there is a kosher le Pesach hechsher.

There is an interesting question that was asked to the Chasam Sofer (OC Siman, 121) regarding the Ashkenazi custom: why don't we at least allow making matzot from kitniyot, such as corn flour, within the 18-minute timeframe, similar to Matsot made from wheat flour? Yet, we find that even this is not allowed; we do not consume kitniyot at all on Pesach. So, why is kitniyot treated more stringently than wheat flour?

The Chasam Sofer answers that when making matzah from wheat, there is a true 18-minute timeframe before it becomes chametz. However, with kitniyot, even if one were to exceed the 18 minutes, it still would not become chametz, as explained earlier. Thus, adhering to the 18-minute rule for kitniyot would merely be a formality and not a genuine safeguard. Consequently, people will not take the timeframe seriously and might bake matzot even after 18 minutes, and then the prohibition of Kitniyot would fall away. Additionally, there is concern that people might use such matzot to fulfill the mitzvah on Leil Haseder, which, as previously explained, would not be appropriate.

Wishing you a Chug Kasher Ve’sameach.

Talmud Bavli, Masechet Pesachim, Page 35a

 Shulchan Aruch, Orach Chaim, Laws of Pesach, Siman 453, Seif 1

 The Rema Ibid

 Chasam Sofer, Orach Chaim, Siman 121

  Mordechai and Rosh Peachim 35a