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

Meir Rabi meirabi at gmail.com
Thu Mar 28 21:23:52 PDT 2013

I wrote:
: 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.

Reb Micha however, proposes that
this is the core of the dispute! RMK is arguing that a precedent has been
well set. The grounds to dismiss the pesaq of the Choq Yaaqov, Maharsham,
Peri Megadim, and Chasam Sofer and the discussion in the Shitah Mequbetzes
(none small names), would make or break grounds to hold otherwise.

I disagree. [BTW the PeRi MeGadim is on the other side] But before I
explain - let me add to this R Zev's observation, which although from a
different thread is essentially of the same ilk:
I wrote:

> It leads almost irrefutably to the conclusion that there is no good
> Halachic reason to support the ruling, of the DC based on undisclosed
> arguments, banning machine Matza.  So, if misguided means not

properly guided, then is it not possible that this ruling of the DC is
> not properly directed?
Reb Zev responds"
That is a chutzpah against one of the great poskim of the 19th century.
If he said it, then by definition it is not misguided, and you have no right
to call it that.

Reb Zevs argument is of course circular, it is so because Reb Zev and his
mates, say it is so. Equally, it runs contrary to the Torah's instruction
Lo SaChaNiFu Es HaArets - Show no fear nor favour - We are instructed to
Pasken as WE see and understand, not to shut down our minds and sublimate
ourselves to what we deem to be a holier superior Neshama that has its
origins in the Head of Adam HaRishon.

Notwithstanding AleHu Lo YiVol - that even the idle chatter of TChaChaMim
requires close analysis - nevertheless their opinions do not constitute
Halacha. To mention a famous but poorly understood episode, which day was
Yom Kippur? and he appeared as ordered, with his walking stick and money
belt. So let us ask, why did they not sit together and make a LeChaim?
Would that not be the best way to PROVE today is NOT YKippur?

The answer - it was not a Pesak. There was no suggestion that Yom Kippur
MUST be kept according to the BD calculation - as per our other discussion
about Who Brings the Chatos. Such a demand CANNOT be issues by BD.
Therefore it was merely a request to prevent a major split amongst the
community but was not a demand that one's opinion be quashed by the ruling
of the BD. Therefore, the program was to make a SHOW as though it was not
YK - those activities can readily be sidestepped so as not to desecrate YK.
Like putting his walking stick down on a Makom Petur.

And so the DC is not offering a Pesak - he is simply offering an opinion,
the DC prefers that machine Matza not be eaten during Pesach
So too, opinions about not consuming Kitniyos EPesach, are just assertions
and opinions and preferences which are not based an any Halachic
foundation. Put simply, if the ReMa does not mention it then it is not part
of the Minhag of Ashkenasz.

Some may have a practice of not sleeping in the Sukah, that does not make
it a Halachic custom or a Minhag, it is just a counter Halachic practice of
a splinter group, that serves to illustrate how easy it is to create a
conflicting sub-culture within Judaism. And the insistence of not eating
Gebrochts for example, has nothing to do with Halacha, Halacha is just the
fall-guy in the political-tribal-feud-power-seeking-shuffle where everyone
is racing to get to the top of the MizbeAch - which ought to be an activity
that is dedicated and that highlights our desire to honour Gd, but
somewhere in the mix, we get refocussed on other things and end up pushing
others off or stabbing them, with words of course.

And so too the declaration, the cry to battle, HaChadash Assur Min HaTorah
- is not and was never intended to be, and cannot be, a Halachic ruling
beyond the discussion of new years crops outside EY. Just as Reb Moshe's
ruling about having a single curtain for a Paroches, rather than a double
centre opening Paroches. It is maintenance of tradition, which is important
but not Halachic. It's about respecting our traditions and not just
changing things due to a whim. But where good reason and practicalities
direct change to non Halachic and I do not include in this Minhag such as
Kitniyos, then of course Reb Moshe would permit using a central opening

In this discussion, I am reminded of the RaMBaM weeping in frustration over
those who insist on explaining Aggadata at its literal level - and priding
themselves thereby on honouring our Sages OBM, when in fact they are making
a mockery and bringing HKBH and our Sages' genius and integrity, to


Meir G. Rabi
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