[Avodah] Rice and Corn May be Eaten for the Entire Day of Erev Pesach

Rabbi Meir G. Rabi, its Kosher! rabbi at itskosher.com.au
Thu Mar 21 16:25:13 PDT 2013

I am sure that Reb Zev would have included my response had he been aware -
link <http://www.realmatza.com/kitniyos-erev-pesach-soho-sushi.html>

  I have indicated that the Halacha permits consumption of Kitniyos [read
Soho Sushi] all day Erev Pesach, just as we may consume potatoes all day
Erev Pesach.

  A rabbi has offered his learned opinion in response, and I thank him for
his contribution to this discussion. I have emailed him my response for his
benefit and for the benefit of those who have seen his comments.

  Rabbi K writes that, “for Ashkenasim, Kitniyos are as stringent as
Chamets” and may therefore not be consumed on Erev Pesach in the same way
and during the same times that Chamets is prohibited.

  Now, this is clearly an exaggeration. You see, unlike Chamets, we may
keep Kitniyos in our home during Pesach. The RaMa is the master of Minhag
Ashkenaz and the source for our Minhag of not consuming Kitniyos during
Pesach, Shulchan Aruch OCh 453:1. RaMa declares without reservation that
unlike Chamets, Kitniyos need not be sold. In fact Kitniyos may be kept in
our “Pesach kitchen”.  Clearly, it is not true to say that “for Ashkenasim,
Kitniyos are as stringent as Chamets”

  So, although the Minhag of Kitniyos is driven by concerns that it can be
easily confused with Chamets, as Rabbi K explained, it is nevertheless also
clear in and from the Halacha that this Minhag did not ever suggest that
Kitniyos ought to be handled and categorised as Chamets. So it is misguided
and illogical to suggest that Kitniyos are prohibited on Erev Pesach in the
same way and at the same times that Chamets is prohibited because, “for
Ashkenasim, Kitniyos are as stringent as Chamets”.

  Here is another important difference between Kitniyos and Chamets.
Chamets which becomes inadvertently mixed into Pesach food BEFORE Pesach,
will be deemed insignificant at our standard Halachic proportion of 1 to
60. This is not true however with regard to Kitniyos inadvertently mixed
into Pesach food [even if this occurs DURING Pesach] Kitniyos is deemed to
be insignificant as long as it is less than half of the volume of the
mixture. So, even though one can easily discern the taste and flavour of
the rice flour in the Pesach Cholent, it is Kosher and may be eaten by
Ashkenasi Jews during Pesach. [Mishneh Berurah 453:9] Clearly, it is not
true to say that “for Ashkenasim, Kitniyos are as stringent as Chamets”

  BTW, according to the Halacha we have just discussed, we may eat regular
non KLP chocolate that contains lecithin, and drink regular non KLP juices
and lemonades that use Kitniyos sweeteners, since these contain Kitniyos
that are less than 50% of the mixture and the Kitniyos are not readily
visible to the unaided eye. Foods containing 49% Kitniyos, that are not
specifically manufactured for Jews to consume during Pesach, have the same
status as foods that are specifically manufactured for Jews to consume
during Pesach into which 49% Kitniyos were inadvertently mixed.

  It is worthwhile explaining at this point that the guidelines that shape
the prohibition of eating Kitniyos during Pesach are not determined by the
Laws of Kashrus. Thus when Kitniyos becomes inadvertently mixed into our
foods we do not use the usual Kosher ratio of 1 part to 60. The reason
being that this custom has its own set of guidelines which are determined
by the Minhag itself, as explained by the Mishneh Berurah 453:8. Again we
see the extraordinary qualities of leniency ascribed to Kitniyos that do
not apply to Chamets. Clearly, it is not true to say that “for Ashkenasim,
Kitniyos are as stringent as Chamets”

  Rabbi K also seeks proof from Siman 444.
We must eat three meals every Shabbos. This is also true when Erev Pesach
occurs on Shabbos. However, on Erev Pesach we may not eat a bread meal
after late morning. Must the third meal comprise bread and be eaten in the
morning, or is “meat or fruit” adequate which can be consumed in the
afternoon? See Shulchan Aruch OCh 444.

  The Shulchan Aruch does not provide a comprehensive “Kosher List” of
acceptable foods for the Third Meal for Shabbos, but offers classifications
– Category 1, bread; Category 2, meat; and Category 3, fruit. [Mishneh
Berruah 444:8] There is no interest at this point nor any need to elaborate
these categories as they are self-evident. Kitniyos are clearly less
significant than meat. [apologies to my vegetarian friends] Suggesting that
a proof can be fashioned from the Shulchan Aruch’s omission of Kitniyos as
an acceptable option for a Shabbos meal, is not a sensible observation nor
a credible argument.

  Rabbi K also quotes a number of Acharonim. For the time being I will not
comment on these, other than saying that to the best of my knowledge they
do not offer any proofs to support their suggestions.

  BTW, suggesting that something which is not explicitly permitted in the
Shulchan Aruch must be prohibited, is a facile and infantile argument. We
begin our interaction with Gd and Life with the premise that everything is
permitted, other than that which is specifically prohibited. Our Sages take
a very dim view of those who look for unnecessary stringencies and seek to
reduce the enjoyment of those things that Gd created for us to enjoy.

  Wishing all Yidden a Kosher Pesach,
  May we all merit to hear and be participants in the cause of the sounding
of the Shofar of Moshiach.


Rabbi Meir G. Rabi

*Its Kosher* <http://www.kosherveyosher.com> and *Exodus

*it's kosher Authority Pty Ltd    ****ABN: *77 160 144 374

rabbi at itskosher.com.au    +61 0423 207 837

kalman at itskosher.com.au    +61 0431 559 695
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