Kitniyos By Any Other Name
Rabbi Tzvi Rosen, Star-K Kashrus Administrator; Editor, Kashrus Kurrents

Each Jewish Holiday that dots the calendar is replete with its own set of laws and customs, that shape the multiple dimensions of each chag into its own unique personality. There is no holiday where this is evidenced more clearly than Pesach. Pesach offers a wide spectrum of laws, customs, and concepts that extend beyond chometz and matza. One excellent example of this is the minhag of kitniyos.

What is Kitniyos?

Kitniyos is popularly defined as legumes, but what are legumes? The Shulchan Aruch in Orach Chaim 453 defines kitniyos as those grains that can be cooked and baked in a fashion similar to chometz grains, yet are not halachically in the same considered the same category as chometz. Some examples are rice, corn, peas, mustard seed, and the whole bean family (i.e. kidney, lima, garbanzo, etc.). The Torah term for the fermentation of barley, rye, oats, wheat, and spelt is “chimutz;” the term given for fermentation of kitniyos is “sirchan.”

The Bais Yosef permits kitniyos usage on Pesach, while the Rema rules that kitniyos usage is forbidden. Hence, Jews of Sephardic descent use kitniyos on Pesach while Ashkenazic Jewry follows the Rema’s psak, which does not permit kitniyos on Pesach.

Reasons For Prohibition

What are some reasons for forbidding kitniyos? The Mishna Brura enumerates a number of reasons. There is a possibility that chometz grains could possibly be mixed amongst the kitniyos grains, creating an inadvertent yet real chometz problem when the grains are cooked together. Another reason posited is that if kitniyos products would be permitted, a real confusion amongst the general public could result concerning kitniyos flour and chometz flour. Although these might not be problems of epidemic proportions, the Rema felt it to be real enough to forbid the eating of kitniyos on Pesach. The Sephardim check the kitniyos grains three times to make sure no chometz grains are intermixed in the kitniyos and then permit the use of kitniyos.

The kitniyos restriction is not all embracing. One does not have to sell kitniyos, as he would chometz. He would be able to use kitniyos for non-eating purposes, such as fuel for candle lighting and heating, or for pet food. It is important to note that in case of medications, kitniyos restrictions are not applicable and pills that contain corn starch binders would be permissible for medical purposes.

Kitniyos Derivatives

There is a question amongst poskim as to whether kitniyos derivatives, such as corn oil, would be considered part of the ban and thus, forbidden. Maybe these derivatives would be considered a separate category, “shemen kitniyos,” exclusive of the kitniyos restriction. There are additional reservations linked to peanuts and peanut oil attached to the species. Are peanuts considered to be a legume? Since there is a question as to whether peanuts are considered to be kitniyos, peanut oil would present less of a problem than other kitniyos oils. Nevertheless, most reputable kashrus agencies in the United States and Israel do not permit the use of shemen kitniyos in their products.

However, over the years products bearing a Kosher for Passover certification have used kitniyos derived products. For example, one of the most commonly converted products is corn syrup. Corn syrup is one of the leading versatile sweeteners in the food industry today and is made through a conversion process whereby the white starchy meat of the corn kernel is converted into sugar. This is done using hydrochloric acid and enzymes or, infrequently, acid alone without the use of enzymes. In the corn sweetener industry today, enzymes are a key component in the conversion process and are commonly derived from barley, which is chometz.

What is of great halachic consequence is the halachic perception of these “corn converted” products. Since the final product is in liquid form, it was and still is considered to be shemen kitniyos by some authorities. Other poskim posit that there is an intrinsic difference between classical shemen kitniyos, i.e. oil that is pressed out of the kernel, and a liquid converted from the actual kernel. The liquid is not shemen kitniyos, it is actual kitniyos.

kitniyos shenishtanu

In today’s world of modern technology, food science has found multifaceted biotechnological applications for kitniyos. These metabolic conversions have given way to a nineties kashrus term, “kitniyos shenishtanu”, kitniyos that have been manufactured and transformed into a new product. These converted food grade ingredients include citric acid and ascorbic acid (that have wide food applications), NutraSweet sweetener, MSG (a flavor agent in soups and fish), sodium citrate (found in processed cheeses), and sodium erythorbate (found in deli meats). These corn based ingredients go through a multi-stage conversion process of enzymolysis, fermentation, and regeneration until the final grade additive or product is achieved.

There are divergent opinions amongst poskim regarding kitniyos shenishtanu. Some poskim say these processes have altered the corn out of a state of kitniyos into a neutral product. Other poskim remain firm and maintain that these products still retain their kitniyos status in spite of the conversions.

There are divergent opinions among poskim regarding kitniyos shenishtanu. Some poskim say these processes have altered the corn out of a state of kitniyos into a neutral product. Other poskim remain firm, and maintain that these products still retain their kitniyos status despite the conversions.

Today, with modern food technology, different food additives and ingredients that were not used in the past are now commonly used in everyday food products. A good example is leguminosae, also known as locust bean gum. It is also commonly referred to as St. John’s bread, carob beans or bokser. This gum is used as a binder in cream cheese and juice products. It is made from the dried seeds of the carob tree. Some people have questioned whether or not the locust bean is included in the gezaira of kitniyos; it is not, for the following reason. Since these products were not included in the rabbinic edict, we do not prohibit them. The prohibition of kitniyos was limited to legumes that grew from the ground. Since locust beans grow from a tree, by definition they do not qualify as kitniyos.

Quinoa

Another grain that has recently entered the scene, and has created lively Pesach discussions, is quinoa. Quinoa (“Keen-Wa”) is a sesame seed sized kernel first brought to the United States from Chile, and has been cultivated in the Andes Mountains for thousands of years. The seeds range in color from pink and orange to blue-black, purple, and red. However, once their natural saponin coating is washed off, the seeds are pale yellow. Quinoa grows three to six feet tall, despite high altitudes, intense heat, freezing temperatures, and as little as four inches of annual rainfall. Peru and Bolivia maintain seed banks with 1,800 types of quinoa, which was first grown 20 years ago outside of South America. Quinoa entrepreneurs wishing to market this grain in the United States commissioned a farmer to see if it would grow in the Colorado Rockies - and it did.

Kosher for Passover Status

Quinoa was determined to be Kosher L’Pesach. It is not related to millet or rice, nor to the chameishes minei dagan, five types of grain products. Quinoa is a member of the “goose foot” family, which includes sugar beets and beet root. The Star-K tested quinoa to see if it would rise. The result was sirchon, as termed by Chazal, which means the quinoa decayed and did not rise. Furthermore, quinoa does not grow in the vicinity of chometz, nor does its growth resemble kitniyos (see Igros Moshe O.C. Vol. 3, 63). Therefore, quinoa is 100% Kosher L’Pesach. It is recommended that one purchase quinoa from manufacturers that do not process chometz grains. Consumers are required to carefully check grains before Pesach for any extraneous matter.

Ingrained Stringency

The Mishna Brura 453 No. 13 lists two grains that should be avoided until the last day of Pesach: anise and kimmel. These grains grow in close proximity to wheat fields. Since that they are difficult to clean, these strains should be avoided on Pesach. It is difficult to pinpoint exactly what type of grain qualifies as kimmel - caraway, cumin, or fennel. All of these grains bear a marked resemblance to one another and should be avoided; of similar concern are fenugreek and coriander. The root and greens of these vegetables are not kitniyos it is only the seeds we avoid. Due to the widespread kitniyos formations and applications, today’s kosher consumer has to be somewhat of a detective and food scientist while still being wise enough to ask his/her Rav or posek if a question does arise.