Shopping for Pesach in Israel- Non-Kitniyot Products Labeled as Kitniyot

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In the Maftir for Parshat
HaChodesh, we read about the first Pesach that was to be celebrated in Egypt and the
subsequent holiday to remember the Exodus that would be celebrated annually. There
is an explicit commandment not to eat Chametz, yet we see no Biblical
prohibition not to eat kitniyot.

 

What are kitniyot?

 

The Shulchan Aruch describes
kitniyot as products that can be cooked or baked in a fashion similar to the
five chametz grains (wheat, barley, spelt, oats and rye) yet are not chametz.

 

Where did the tradition for
Ashkenazim not to eat kitniyot come from?

 

The Sefer Mitzvot Katan by
Rabbi Yitzchak of Courville (France 1210-1280) mentions that some communities
do not eat kitniyot on Pesach. This minhag was observed as well in the
community of the Maharil (Rhineland,
Germany
,
1365-1427). The custom eventually spread to all Ashkenasic communities.

 

The earlier poskim (Beit
Yosef, Rema, Mishna Brura) consider the following to be kitniyot: rice,
buckwheat/kasha, millet, beans, lentils, sesame seeds, peas and mustard (even
though mustard is not officially kitniyot it just grows like kitniyot).

 

Over time, more “kitniyot”
have been added to the list. There is now a list which includes over 55 legumes
that are considered to be kitniyot!

 

Rav Moshe Feinstein argues
that only foods that were specifically included in the original minhag are
forbidden. Therefore, potatoes are not a problem as they were only introduced
in Europe in the 16th century
(imagine if we couldn’t have potatoes on Pesach!). Peanuts were also not around
at the time of the chumra and were eaten on Pesach in Lithuania and in the United States (yet many Ashkenasim
have taken the stricter view and don’t eat them). Quinoa, a relatively new
discovery certainly was not part of the chumra and should not be considered
kitniyot (yet it is still labeled as kitniyot in Israel).

 

Corn, which was certainly
unknown in Europe at the time of the chumra
somehow became added to the list.

 

Rav Dov Lior does not
consider soy to be kitniyot as it only reached Europe 100 years ago. He also says that string beans and fava beans in their pods are
not kitniyot as in that state they are considered vegetables.

 

There are also leniencies for
kitniyot derivatives. Maharsham (1835-1911) permitted oils of kitniyot as did
Rav Kook. Rav Melamed points out that soybean, cottonseed and canola (rapeseed)
oils are not included in the prohibition and we may be lenient (yet they will
still be marked as kitniyot due to the fact that they have a stricter hashgacha).
Chocolate that contains lecithin (rapeseed) is also not a problem yet it is still
be marked kitniyot or it will say “liftit.”

 

What we learn from here is
that when shopping for Pesach, if a product is labeled Kosher for Pesach-contains
kitniyot, those who don’t eat kitniyot must read the ingredients on the label
to see if the product is in fact kitniyot or if it is being certified in a
stricter manner than the psak from the rabbis that they follow.

 

If there is a product with a
derivative of soy or corn, that does not make the entire product kitnoyot. Even
if you say that the corn or soy derivatives are kitniyot they would be batel
berov (the small amount of kitniyot would be canceled out due to the fact that
most of the food is non-kitniyot).

 

In Israel there are more options to
have access to foods that some rabbis consider kitniyot while others do not as
there is a large Sephardic population. All of these products must have a Kosher
for Pesach Hashgacha to ensure that no other grains were mixed in.

 

What surprises me is that the
US Hashgachot which are very strict in most areas and will not certify most of
the products above (except for the potatoes) are lenient in certifying MSG,
aspartame and xanthan gum which are a derivative of kitniyot which has changed
form.

 

What we see from here is that
we can keep the minhag of not eating the original kitniyot without adding more
and more stringencies every year. The key is to be able to stand in the
supermarket and read the Hebrew label on almost every product that you are
buying.

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