[Avodah] Kitniyos on Erev Pesach

[Zev Sero]

The following psak din was released by Rabbi Mottel Krasnjanski of Melbourne
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It has been brought to my attention that Rabbi Meir Rabi ruled earlier this week “Sushi and all Kitniyos may be eaten Erev Pesach all day, just like potatoes”.

I would like to state unequivocally that it is forbidden to eat any Kitniyos on Erev Pesach from the same time one may not eat Chomets. For Ashkenazim Kitniyos is as stringent as Chomets. It was with great trepidation that some of the Rabbonim relaxed some of the laws of Kitniyos during a famine otherwise it is totally forbidden.

  First logically the prohibition of Kitniyos was enacted to prevent people from mistaking Kitniyos for Chomets as they are prepared the same way  etc. ( the three reasons quoted by the Mordechai in the second Perek of Mes. Pesachim). It follows therefore that whatever time the prohibition to consume Chomets commences so to commences the prohibition for Kitniyos.

  Second, the fact that the Shulchan Oruch in Siman 444 in Hilchos Pesach endeavours to find different options of how one is to observe the Mitsvah of Sholosh Seudos when Erev Pesach is on Shabbos and no Shulchan Oruch brings  the option of eating Kitniyos. Obviously there is no such option.

Most important the Chok Yaakov chapter 471 Seif Beis rules that it is forbidden to eat Kitniyos then. So too paskens the Maharsham in his earlier Sefer Daas Torah chapter 453.

  There is a lone opinion the Pri Megodin in chapter 444  Eshel Avrohom seif beis who rules that if Erev Pesach falls out on Shabbos one may eat Matsoh made of Kitniyos. At a cursory glance one may misconstrue his words and think that it is a carte blanche to eat Kitniyos Erev Pesach. However this is not the case. First of all the Pri Megodin should have made this rule in Chapter 471 where the discussion takes place regarding what foods are permissible on Erev Pesach. Further more the Marsham in his Tshuvos section 1 chapter 183 writes that the Pri Megodim is limiting his leniency only in regard to Matsoh of Kitniyos as the Pri Megodim himself says.

  There is an interesting debate involving Kitniyos that was treated just like wheat can one make Matso out of it. Do we say that Kitniyos can’t be stricter then wheat itself? The Chasam Sofer Orech Chaim chapter 121 tries to be lenient during a famine to prepare matsos of kitniyos. However he puts in a proviso as long as it doesn’t resemble genuine Matsoh. The Sdei Chemed Mareches Chomets  Umatsoh Siman Vov seif Beis prefaces the discussion since poverty is rife amongst the Jewish people and then the discussion begins. He too understood the Pri Megodim was limiting himself to Matsoh that was prepared the same way one would prepare Matsoh made from wheat.

Conclusion no leading Posek says one may eat sushi and kitniyos  on Erev pesach. Indeed Rabbi Vosner in Shevet Halevi says that one is totally forbidden to eat Kitniyos on Erev Pesach, and says one shouldn’t consider any leniency then. If anyone does they are breaching the fence of Yiddishkeit.

Let us all have a Kosher and freilicher Pesach and merit the coming of Moshiach now.

Rabbi Mottel Krasnjanski