ww ww VOL. j h / NO. 6 NISAN-IYAR 5770 / APRIL 2010 s xc THEDaf a K ashrus a monthlyH newsletter for th e O U r a b b i n i c f i e l d r e p resentative

OU Kitniyot Kosher curious about kitniyot? Certification Rabbi yaakov luban & Rabbi nachum rabinowitz raBBI ELI GERSTEN Senior Rabbinic Coordinator U UD Reprinted from the Spring 2010 Issue of Jewish Action, the magazine of the . KITNIYOT KITNIYOT

I have been asked by OU managementACCEPT toABLE bringFOR THOSE WHO to your EveryoneACCEPT knowsABLE FOR that THOSE WHOAshkenazim don’t eat or –kitniyot–on attention a recent development in the OU’s PesachCONSUME KITNIYOT hashgachos. ON Pesach,CONSUME but KITNIYOT many ON P peopleASSOVER don’t know why. Interestingly, kitniyot are Previously the OU has not issued hashgacha for retail kitniyot not and cannot become . So why don’t Ashkenazim eat them products for Pesach, despite requests to do so. This was avoided on Pesach? Below, Rabbis Yaakov Luban and Eli Gersten provide the over the concern that different Pesach symbols might confuse grainy truth about and grains. consumers.

NIYO NIYO The OU has this year, on a IT T There,IT T Done That limited basis, authorized the K K Q. What are kitniyot? attached certification to appear on D A. While various customs exist regarding what constitutes kitniyot, kitniyot products: ACCEPTABLE FOR THOSE WHO the OUACCEPT considersABLE FOR THOSEthe following WHO items to be kitniyot: beans, buck- The symbol is presented in such CONSUME KITNIYOT ON PASSOVER ,CONSUME cardamom, KITNIYOT ON corn, PASSOVER fenugreek, lentils, millet, , , manner so as to avoid any confusion poppy seeds, rapeseed, rice, sesame seeds, and sunflower and the packages will not indicate Kosher for Passover except as seeds. indicated in the wording of the accompanying explanatory message According to Rema (1520-1572) (OC 453:1), aniseed and corian- “Acceptable for those who consume kitniyot on Passover”. der seeds are not kitniyot. Nonetheless, the Magen Avraham, writing This decision was taken at the urging of our poskim, to benefit in the 1600s, recommends that one avoid eating these seeds because many kitniyot consumers who relied on various assumptions (rather other grains, some of which could turn to chametz, are often mixed than actual hashgacha) for kitniyot Pesach products. continued on page 32

The term Chumra One important exception to this rule is a davar hama’amid. If a rrugk tkt h,tc tk d’Pischa usually mashehu of chametz, or even kitniyos, is used as a davar hama’amid, brings to mind it is not batel, even when added before Pesach. It can be difficult to Pesach minhagim ascertain whether an ingredient is a davar hama’amid. For example chumra D’pischa that go beyond Mishna Berurah (464:6) cites Maharil that mustard is not batel in the letter of the grape juice, since it prevents fermentation. Chok Yakov (464:3) Rabbi eli gersten law such as white- explains that although mustard is kitniyos, it is not batel because the RC Recorder of OU Psak and Policy washing walls or mustard acts as a davar hama’amid. Also Mishna Berurah (447:14) kashering candle- cites Rabbeinu Yerucham that a key chametz ingredient added sticks. However, there are also various halachos brought in intentionally is not batel if one could not produce the food item Shulchan Aruch that are attributed to chumra d’Pischa as well. without the chametz. Rav Belsky explained that for Pesach there is a to be machmir for minority opinions of the Rishonim Chametz on Pesach is not batel and this may be the basis for this chumra, even though we are not Tosfos ( 30a) explains that even a mashehu of chametz machmir by other issurim as per the ruling of Noda Beyuda (Y.D. is not batel on Pesach because of chumra d’chametz. There is no Tinyana 56). Due to the complexity in determining which items are difference between min b’mino and aino mino. This is brought considered a davar hama’amid, a shailah should be asked if there in Shulchan Aruch (O.C. 447:1). Before Pesach chametz is batel is any doubt. b’shishim if it is a lach b’lach mixture. However, if any chametz b’en remains in the mixture the chametz is forbidden on Pesach. A Cleaning kailim mixture is considered lach b’lach if the chametz is completely dis- Pesach cleaning has many more chumros than cleaning the rest of solved before Pesach, or if it is a mixture of powders that cannot the year. The leniencies of k’derech hamichabdim (quality indus- be separated. trial standards of cleaning) do not apply to continued on page 34

Published by the Orthodox Union, Eleven Broadway, New York, NY 10004 Please direct your comments to Rabbi Yosef Grossman, editor at 212-613-8212 or [email protected] CURIOUS in with aniseed of Ashkenazic descent, irrespective of where The Nuts and Bolts continued from page 31 and coriander. they reside. Today, how- of Kitniyot Q. Who doesn’t keep this minhag? ever, high-end spice companies use special- A.Non-Ashkenazic Jews follow the ruling of ized equipment such as spiral separators to Rabbi Yosef Karo (1488-1575), who per- Q. What about peanuts? remove foreign particles. As a result, the OU mits the consumption of kitniyot on Pesach A. Originating in Peru and Brazil, the peanut does certify aniseed and coriander for Pesach. (Shulchan Aruch, OC 453:1). Nonetheless, is a New World crop that was unknown to Q. When did the custom of not in today’s complex world of food technol- those who instituted the Ashkenazic custom eating kitniyot begin? ogy, kitniyot may be processed in ways that of not eating kitniyot. Peanuts, along with A. While we don’t know exactly when this render them non-permissible to the non- beans and peas, belong to the single plant minhag began, one of the earliest sources Ashkenazic population as well. One such family, Leguminosae (legumes), which are to mention the custom is the Sefer Mitzvot example is rice enriched with vitamins that edible seeds enclosed in pods. Should - Katan, written by Rabbi Yitzchak of Courville contain chametz. (Special lists of chametz- nuts be considered kitniyot because they (France, 1210-1280). Rabbi Yitzchak writes free rice are generally available to the public are legumes, or should they be permitted that some communities have the custom before Pesach.) One must also be aware because they were not in use when the min- of not eating kitniyot during Pesach, even that infant rice cereal is often produced on hag of kitniyot was instituted? Rabbi Moshe though these items are clearly not chametz. Feinstein (Iggerot Moshe, OC III:63) notes kitniyot may be that starch is commonly used as a Q. What is the custom based on? processed in ways flour substitute. Indeed, potato-starch pas- A. There are two main reasons why the cus- that render them tries made for Pesach look exactly like the tom was instituted: non-permissible to the real thing. Nonetheless, one may consume Firstly, kitniyot are often grown in close non-ashkenazic potatoes on Pesach. If kitniyot are prohib- vicinity to the five grains (wheat, , , population ited because they resemble chametz, why are and ). As such, it was not unusual potatoes not restricted as well? for a small amount of one or more of the the same equipment as oat cereal, which is Rav Moshe responds that the minhag of not five grains to be intermingled with kitniyot. authentic chametz. Thus, non-Ashkenazic eating kitniyot only applies to foods that Thus, it was possible that one eating beans or Jews must exercise appropriate caution and were known and accepted as kitniyot when rice on Pesach could inadvertently eat actual determine whether various forms of kitniyot the custom began. Minhagim are followed chametz. are free of chametz before consuming them because they are the family tradition of on Pesach. Secondly, kitniyot can be easily confused our forefathers. We don’t expand minhagim with chametz for several reasons. Raw kit- Q. Do kitniyot have the same beyond their original scope, even though the niyot resemble the five grains in appearance. status as chametz? logic to do so may be there. Since potatoes Furthermore, kitniyot are processed in a sim- A. No. Because kitniyot are not actual cha- were not introduced into Europe until the ilar manner to the five grains. For example, metz, they do not have the same status as sixteenth century, they are not considered mustard seeds are threshed and winnowed in chametz. Kitniyot should not be eaten on kitniyot. It follows, says Rav Moshe, that a manner similar to grains. Finally, kitniyot Pesach, but unlike chametz, one may derive peanuts can be eaten on Pesach. When the can be milled into flour, made into dough, hana’ah (benefit) from them. Thus, while custom of not eating kitniyot was first insti- baked into bread or cooked into a porridge one may not use ethyl rubbing alcohol to tuted, peanuts were not yet found in Europe. that may resemble chametz. Because of the clean a wound on Pesach because it may be Thus, says Rav Moshe, even though peanuts similarities between kitniyot and actual cha- grain derived, cornstarch foot powder may are technically legumes, they are not treated metz, the rabbis feared that people may mis- be sprinkled in one’s shoes to keep one’s feet as kitniyot. takenly believe that if they can eat kitniyot on dry. Chametz cannot be owned on Pesach There are some people who have the cus- Pesach, they can also eat chametz on Pesach. and must either be discarded, burned or tom to not eat peanuts on Pesach, and they The (1720-1790) and Pri sold to a non-Jew and placed in a sealed area should continue to keep the minhag, but Chadash (1586-1667) found a basis for not before Pesach begins. In contrast, one can those who do not have this custom may eat eating kitniyot in the Talmud (Pesachim possess kitniyot and even feel free to buy peanuts on Pesach. Today, in deference to 40b). The Gemara relates that Rava did not lentils on Pesach. Additionally, young chil- those who accept peanuts as kitniyot, one is allow the use of lentil flour on Pesach in a dren and the infirm can eat kitniyot. (Infants unlikely to find a certified kosher for Pesach Jewishly unlearned community, as he feared can enjoy many OU-certified baby formulas peanut product. on Pesach that contain derivatives.) it would lead to confusion and cause one to There is an obvious question concerning Moreover, kitniyot-based medicines may be mistakenly eat chametz on Pesach. Rav Moshe’s psak: Corn (known as ) is taken on Pesach, even in the absence of a life- a New World crop too, brought to Europe Q. Who keeps this minhag? threatening situation. Chametz on Pesach by Columbus, yet corn has been universally A. Kitniyot is generally considered an is assur bemashehu (not nullified if it falls accepted as being kitniyot. Why is corn dif- Ashkenazic custom. (“Ashkenaz” is the into a mixture of non-chametz). In other ferent from peanuts? One possible distinc- medieval Hebrew word for Germany. In words, if a kernel of wheat falls into a one tion is that corn exhibits many characteristics the early part of the Middle Ages, the hundred-gallon pot of kosher lePesach soup, of kitniyot (it is threshed, winnowed and main center of European Jewish life was the soup is forbidden. Kitniyot, on the other milled and used in bread, and it often grows in Germany. Subsequently, Jewish com- hand, are batel berov (nullified in a majority near other grains), while peanuts possess very munities expanded throughout Europe, and of non-kitniyot). Thus, if one accidentally few of these characteristics. Since corn has Jews from most European countries became added cornstarch to Passover gravy, it may many of the same qualities as kitniyot, it is known as Ashkenazim.) Today, the minhag be consumed if the cornstarch constitutes of kitniyot continues to be binding on Jews regarded as kiniyot. less than fifty percent of the mixture. continued on page 33

32 | The Daf Hakashrus curious tinction between kitniyot crackers baked for citric acid is often made from wheat sources. continued from page 32 less than eighteen minutes and those baked European citric acid is therefore unaccept- for more than eighteen minutes, which able for use on Pesach. Q. What about quinoa? would undermine the minhag of not eating Aspartame is yet another example of kitniyot A. The ambiguity about the distinction kitniyot on Pesach. To avoid this confusion, shenishtanah. This artificial sweetener, used between peanuts and corn is responsible for all forms of kitniyot are restricted. the controversial status of quinoa. Another in many drinks and foods, is derived from New World grain, quinoa has been a source corn that undergoes many chemical changes. Sodium erythorbate, a preservative used in of much halachic debate. Though quinoa Kosher LePesach Oils: was the staple grain of the Incas, it was deli meat products, is also a cornbased prod- almost eradicated by the European conquer- A Slippery Slope uct that undergoes a transformation. Both of ors and was all but forgotten until it was rein- these items are used in OU-certified kosher- troduced to the world in the 1970s. Clearly Q. I’ve heard that it is permissible for-Pesach products. no minhag existed about quinoa. to eat the oils of legumes on Q. Abstaining from eating Pesach. Is this true? Some argue that since quinoa is a staple grain kitniyot on Pesach is only A. Some posekim such as the Maharsham in its native lands, and is ground and baked a minhag; is it really impor- (1835-1911) (1:183) permit the oils of into bread in a similar manner to wheat, it tant to observe minhagim? kitniyot (shemen kitniyot) on Pesach, pro- should be considered kitniyot, like corn. Yet Minhagim don’t have the vided the kitniyot did not come in contact others maintain that corn and quinoa are status of halachah, do they? with water and the oil was produced before not comparable. Corn has been accepted A.Minhagei Yisrael, Jewish customs, are a Pesach. They argue that the minhag pro- for generations as kitniyot, as have peanuts, fascinating dimension of halachah. Though for those who regard them as kitniyot. In hibiting kitniyot applies only to the the enactment of rabbinic decrees essentially contrast, in the case of quinoa, since it is so that shares the characteristics of grain, but ended with the completion of the Babylonian new, clearly no minhag exists. Some does not apply to the liquid extracted from Talmud in the fifth century, Jewish customs organizations recommend using quinoa on the legume. The liquid extract differs sig- continued to evolve. Pesach and others do not. Since OU poskim nificantly from the actual grain or seed. This leniency is not widely accepted; thus, the The Talmud (Pesachim 50b) rules that a are divided on this issue, the OU does not minhag that was followed by a family or recommend using quinoa on Pesach. selection of kosher-for-Pesach oils is quite limited. However, many poskim are lenient community is halachically binding on later Q. What about 18-minute rice? regarding cottonseed oil, since cotton is not generations as well. The Talmud derives this from the latter part of the verse in Mishlei A. Chametz is a state that occurs through a an edible plant. The OU certifies cottonseed (1:8), “Shema, beni, mussar avicha, veal process of fermentation. This typically occurs oil for Pesach. when any one of the five grains are exposed titosh Torat imecha,” “Listen, my son, to to water and left unattended for eighteen Q. What does kitniyot shenish- the rebuke of your father, and do not for- minutes. One can eat raw wheat on Pesach if tanah (transformed kitniyot) sake the of your mother.” Why does it was kept dry. Similarly, matzah is not cha- mean? the Talmud understand “the Torah of your metz if it is baked within eighteen minutes A. Under certain circumstances, if a non- mother” to allude to minhagim? Why is a of the mixing of the flour and water, since kosher item is transformed into a completely minhag associated more with a mother than fermentation does not take place. different entity, it can lose its non-kosher a father? Furthermore, what is a mother’s status and become kosher. In halachic terms, Torah as opposed to a father’s Torah? Kitniyot are prohibited because they resem- this is referred to as nishtanah (transformed). ble the five grains. It follows that kitniyot A father’s Torah is taught through formal In a famous dispute, Rabbeinu Yonah (d. should be treated like the five grains. If texts, while a mother transmits the religious 1263) permitted consuming musk although kept dry or baked within eighteen minutes, feelings and sacred Jewish values to her it is derived from the sweat glands of a kitniyot should be permissible. Indeed, this children by the way she lives her life. Even non-kosher animal, because the musk had is the position of Rabbi Shneur Zalman of before a young boy or girl formally studies undergone a significant transformation. The Liadi (1745-1812), as stated in Shulchan Torah in a yeshivah, the mother teaches by Aruch Harav. However, the prevailing cus- Rosh (1259-1327) (Berachot 6:35) considers example as she raises her young children at tom is to refrain from eating kitniyot even transformations to be halachically irrelevant. home. Furthermore, the customs and tradi- if the legume was baked into a matzah-like The general consensus of the posekim is that tions that one generation passes on to the cracker or never came in contact with water. we only rely on the leniency of nishtanah next are appropriately called “the Torah of Although it sounds paradoxical that we eat when dealing with a rabbinic prohibition, our mothers,” because they capture the spirit wheat matzot that are baked within eighteen albeit not a Torah prohibition. Since the of the Torah, and must not be forsaken. minutes and yet refrain from eating kitniyot prohibition of not eating kitniyot is a min- Though each minhag began as a tradition, a baked the same way, the poskim provide the hag, and the OU position is that a minhag is minhag that was started for sound religious following explanation. Suppose we were to treated as a rabbinic injunction, we can apply reasons and withstood the test of time even- allow dry kitniyot or matzot made from kit- the leniency of Rabbeinu Yonah and permit tually becomes halachically binding because niyot that were baked for less than eighteen the consumption of kitniyot shenishtanah. it reflects the values that are dear to the minutes, this may very well lead to some mis- The most common example of kitniyot she- Jewish people. takenly eating kitniyot that came in contact nishtanah is citric acid. In the United States, In our contemporary society, the original with water for more than eighteen minutes as citric acid is manufactured from corn syrup. motivation for avoiding kitniyot is no well. Why? Since kitniyot do not ferment and The corn syrup undergoes many chemical longer relevant. Hundreds of years ago, become actual chametz, people would not changes until it becomes citric acid. The OU when the custom was first instituted, there be as cautious with kitniyot as they are with permits the use of citric acid as an additive was concern about people confusing legumes actual chametz. They may not see any dis- in Pesach products. In Europe, however, continued on page 34

The Daf Hakashrus | 33 לכבוד הרב גרוסמן שליט''א mail Thanks again for making the knowledge of the Santa Barbara Pistachio OU accessible to the general public (through The Chocolate Toffee Pistachios Daf HaKashrus). It surely enhances the quality produced by Santa Barbara Pistachio Company of kashrus everywhere. Also, much appreciation contains dairy ingredients as listed on the ingre- for providing Rabbi Eli Gersten with a venue to kashruth dient panel but the UD dairy designation has share his knowledge! Sincerely, Moshe Schuchman alert been inadvertently omitted. Future packaging will be revised. Lee Kum Kee teriyaki Sauce produced by Lee Kum Kee bears an unauthorized U and is being withdrawn from the market- maZEL to our dedicated RC Rabbi Nosson place. Consumers spotting this product are requested to contact the TOV Neuberger and his wife on the Bar Orthodox Union at 212-613-8241 or via email at [email protected]. of their son Yaakov. The Bakery at Walmart Mini Crispy Bites with to our devoted RFR in Cleveland Heights, OH Fruity Marshmallows (UPC code 0 78742 20168 9), Mini Crispy Rabbi Mordechai Teren and his wife on the engage- Bites with Marshmallows (UPC Code 0 78742 20167 2) produced ment of their son Yisroel Dov to Toby Zicherman of Brooklyn, NY. by Wal-Mart Stores, Inc. – Bentonville, AR bear an unauthorized U to our dedicated RFR Rabbi Avraham Stone and his and are being withdrawn from the marketplace. Consumers spot- wife from West Orange, NJ on the engagement of their daughter ting this product are requested to contact the Orthodox Union at Rivky to Reuven Brown of Toronto, Canada. 212-613-8241 or via email at [email protected]. chumra Pesach, since is batel. Therefore if one cooks in a clean not approve the products even bidieved. continued from page 31 chametz on aino ben yomo pot before Pesach, the food is However, if chametz products are never Pesach is assur permitted. If the chametz item is completely made on these kailim, then the Mishna b’mashehu and we are concerned that a pagum, it is batel even if mixed in on Pesach. Berurah says that one can be lenient. mashehu of taam chametz will enter a prod- In summary: uct made during Pesach. Therefore, Magen We do not say stam kailim aino Chametz on Pesach is not batel Avrohom (452:11) says that one should not ben yomo kasher pipes before Pesach for use on Pesach, The Mishna Berurah (447:58-59) says that Chametz before Pesach is batel if it is lach since it is very difficult to check to see if they although if one bidieved cooked kosher b’lach (dissolved or mixture of powders) l’Pesach foods before Pesach in an aino ben were adequately cleaned. However, since If any chametz is b’en it is chozer v’niur most industrial Pesach kashering is done for yomo chametz pot the food is permitted productions that are made before Pesach, on Pesach, nevertheless, because of chumra If chametz or kitniyos is a ma’amid it is when ta’am of chametz is batel b’shishim, d’chametz we do not rely on “stam kailim not batel we are more lenient so long as there is no aino ben yomo” to allow us to assume that We cannot rely on k’derech hamichabdim chashash that chametz b’en might get into the pot was aino ben yomo. Moreover, even when cleaning for use of the kli on Pesach the product. if one asserts that they remember that the When producing before Pesach, we can pot was aino ben yomo when the food was Ta’am lifgam on Pesach is assur be more lenient provided that no b’en will cooked, they are not believed, since they did Rama (O.C. 447:10) says that the minhag remain in the food not pay attention at the time of cooking. of Ashkenazim is to assur ta’am lifgam Ta’am lifgam of chametz on Pesach is not Therefore, it is generally inappropriate of chametz, because it is considered like a batel, but before Pesach is batel mashehu. The minhag is to assur even if the to give retroactive hashgacha for kosher ta’am lifgam is only a mashehu. However, l’Pesach products. Even if we can assume We do not say stam kailim aino ben yomo, this is only if the chametz is mixed into the that the kailim were clean and aino ben even if we used the kailim before Pesach. food on Pesach. Before Pesach, ta’am lifgam yomo, mishum chumra d’chametz we can Chag Kasher V’samayach! curious and grains, and thereby unwittingly Seder. As we sit together with our dear ones, we attempt to recapture continued from page 33 eating chametz on Pesach. But what the experience of leaving Egypt thousands years ago. How do we would our ancestors say to the unbe- succeed in transcending such vast spans of time? lievable variety of kosher-for-Pesach-food items resembling chametz We do so by reciting the same and singing the same tunes that are ubiquitously available today? Until about fifty years ago, that we learned as children at the Seder table of our parents. Our Pesach fare was limited to mostly chicken, eggs, parents recited Mah Nishtanah and stole the at the Seder potatoes, and matzah. Nowadays, one can dine on kosher l’Pesach of their parents as well. We pass on our values to our children, the cereal, pizza, pasta, lukshen , cookies, cake and almost next generation, by connecting them to the great legacy of our illus- anything else we eat year round. Is there any benefit then to main- trious ancestors of years past. We dare not abandon minhagei Yisrael taining the minhag of not eating kitniyot? even when the reasons no longer seem applicable, for a family that It is important to realize that the value of a minhag is much deeper abandons its traditions severs its connections to the past. than the reason for its original inception. A minhag is our link to Next time you avoid eating rice or corn on Pesach (if you are Jewish history; it is the way our ancestors observed Judaism for Ashkenazic), remember that by doing so, you are connecting to the hundreds and even thousands of years. In fact, perhaps there is no magnificent history of the Jewish people. greater time to appreciate the value of minhagim than at the Pesach

34 | The Daf Hakashrus YESHIVA OF NEW HAVEN A Pictorial Essay

After davening in The Yeshiva of New Haven on Monday morning a gentlemen remarked, “I must say that the presentations last night were just beautiful.” He was expressing the feelings of the crowd young and old that filled The Slifka Center at Yale University for the latest Harry H. Beren ASK OU OUTREACH Kashrus Seminar which was held March 14, in conjunction with the Yeshiva of New Haven. The exciting and engaging presenters were Rabbi Dov Schreier on Hachana – Preparing the Home for Pesach and Yom Tov Sheini and Rabbi Chaim Loike on The Struggle to Preserve our Tradition – Birds You never Imagined were Kosher! From left to right are Rabbi Chaim Loike, Rabbi Dov Schreier, Rabbi Yosef Grossman and Rabbi Dov Greer, Assistant to the Menahel of the Yeshiva of New Haven, his father Rabbi Daniel Greer.

Rabbi Yosef Grossman Rabbi Daniel Greer seen in greeting the assembled on behalf Rabbi Chaim Loike discusses front left of picture following of ASK OU OUTREACH. Rabbi Dov Schreier delivers his feathered friend. Rabbi Loike’s presentation. Shiur on Hachana for Pesach and Yom Tov Sheini.

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