One year ago, the Committee on Jewish Law and Standards of the Conservative movement adopted the position that the eating of legumes, rice and corn (kitniyot) on Passover is a valid legal option for Ashkenazic Jews. Instead of deciding at that time whether to adopt or reject the practice for our community (which is my role as mara d’atra, the religious decisor of our community), I decided to invite our Ritual and Jewish Living Committee–along with anyone else in the community who so desired–to study the topic with me. While the decision was ultimately mine to make, I had no preconceived opinion on the matter and thus invited the input of our community members to help me reach a conclusion.
People tend to be emotionally bound to custom, sometimes even to the exclusion of rational analysis. I appreciate that. We hold tightly onto family customs and tend to reject those things that challenge our sense of tradition, regardless of how or why such practices came about. I was therefore somewhat surprised that only a group of about 10 people made the commitment to study the topic with me. I anticipated far more interest! Nevertheless, our minyan of learners tackled the responsum written by Rabbis Amy Levin and Avram Israel Reiner. Our monthly studies delved into the details of the legal opinion, which reached the following conclusions:
1. Only that which can be made into matzah can become hametz. Wheat, barley, spelt, oats and rye are the only flours that can be used for matzah. Therefore, it is established that rice, beans and legumes cannot fall into the category of hametz. Moreover, the authorities agree that the presence of kitniyot on a plate does not render the plate, the meal or the home unkosher, even for those who observe the custom not to eat kitniyot.
2. The legal authorities of medieval Ashkenaz recognized that forbidding kitniyot was an added restriction to the Passover laws, possibly based in the fear that certain varieties of wheat might possibly get mixed with varieties of kitniyot. Some authorities considered the measure excessive, but the more restrictive custom ultimately prevailed.
3. In the 18th century the debate was revived. The opponents of the restrictive position argued that the high cost of matzah prevented some from experiencing the requisite joy of the holiday, whereas kitniyot were readily available, affordable and not prohibited by law. For the benefit of the masses, they argued, the stumbling block to holiday joy should be removed.
4. The original reason for the restrictive custom is lost. If the reason was concern about the possible admixture with wheat, such confusion does not exist in production and packaging today. But a compelling justification is needed to overturn a long-standing custom. That justification, according to the authors, is the enhancement of our joy. Beans are a significant source of protein for those who don’t eat meat and for those who can’t afford meat, especially considering how prices are inflated as they are on Passover. The enjoyment of food and adequate sources of protein is part of the joy we are meant to experience. Additionally, protecting people’s pocketbooks from those who would seek to gouge is in fact a Jewish value worthy of legal consideration.
Given these legal conclusions and the input provided by those who participated in our studies, I offer my own opinion, which will represent a change in the official position of our community going forward. (Please note: This does not mean you are doing something “wrong” in the eyes of our community should your personal practice differ!)
While I recognize that many people will continue personal practice according to their inherited family custom, I believe there is great value in adopting this change in custom. I don’t believe in change just for the sake of change; but I also will not reject change simply because it is hard or because it is something to which we are unaccustomed. Nor will I reject what is considered a more lenient position out of fear that greater leniency will follow. All too often, necessary change is stifled by the sometimes irrational hold of our emotional attachment to the ways of the past. I choose not to oppose change simply for the sake of opposing change. That is not the way of authentic Jewish thought.
On a practical level, I am in favor of Jewish law that encourages adherence to the law; the more our Passover laws allow people to keep Passover, the better that is for everyone. Contrary to the ways in which some observe Passover, we are not meant to be reliving slavery for seven days or for the days leading up to the holiday. There is no joy or satisfaction to be derived from being more restricted or burdened by the holiday’s laws. Are we supposed to feel different from others and from the way we live for the other 51 weeks of the year? Yes. But Passover is meant to be a time of joy, despite the remembrance of our affliction.
Most importantly, changing dietary habits and sensitivities in our society dictate that alternate sources of protein should be made available if they are not hametz. Moreover, the exorbitant cost of keeping kosher in general, and of kosher meat in particular–not to mention the premiums imposed for Passover–is a compelling justification for offering consumers a more affordable way to stock their pantries.
Finally, I am mindful that this ruling will not necessarily impact individuals in their homes. They can continue to keep Passover as they always have. And even in our synagogue, as studied in the law, serving kitniyot among our foods does not affect the other foods served. So even in the synagogue, those who do not eat kitniyot will still be able to observe Passover in their own way at all times.
Please note that there are controls and restrictions on the purchasing of kitniyot for the holiday. Specifically, fresh corn and beans may be purchased before and during Passover, like other fresh vegetables; dried kitniyot (legumes, rice and corn) can be purchased in bags or boxes and sifted before Passover; canned kitniyot may only be purchased with Passover certification due to the canning process; frozen raw kitniyot (corn, edamame) may be purchased in bags before the holiday without a heksher, though one should still inspect contents before use; and all processed foods (like tofu) require Passover certification.
I am grateful to those who shared this process with me. I believe that the process of seriously engaging with our tradition is as important as any result of such deliberation. May we all have a happy and kosher Passover, whether we are among the bean counters or not!
Rabbi Craig Scheff