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A PASSOVER
QUESTION:
WHY CAN WE USE PEANUT OIL —
BUT NOT PEANUTS — ON PASSOVER?
ANSWER BY RABBI DAVID ROSEN:
This is a more complex question than you may
realize! Actually, our Rabbinical Assembly Law
Committee, which determines Conservative Jewish
practice, has permitted the eating of raw
peanuts during Passover. (Some Orthodox
authorities permit this as well. So technically
you can make your own peanut butter (using
kosher for Passover oil) if you choose. Orthodox
Ashkenazi authorities, however, disagree and do
not allow peanuts (but do allow peanut oil).
Why?
Peanuts
fall under the general category of kitniyot,
or legumes. Along with peanuts, it is generally
not permitted to eat corn, peas, rice and beans.
The reason is not because they are hametz or
otherwise prohibited in the Torah, but rather
because (1) in the Middle Ages the concern
existed that these foods were stored and
processed in ways that brought them into contact
with grain (i.e., real hametz) and so they were
proscribed for Passover use, and (2) when turned
into flour, they look like hametz products and
the rabbis were concerned about the "appearance"
of eating hametz during Passover. Peanut oil
was permitted because the peanuts are scalded
and no longer have the "identity" of peanuts.
Not all Orthodox authorities, however, allow
peanut oil.
These concerns only arose in
Ashkenazi lands such as Poland. They were never
brought into the Sephardi law, and therefore
Sephardic Jews—that is, Jews of Spanish,
Portuguese and North African origins—freely eat
legumes throughout Passover.
Today our Conservative
Movement in Israel has permitted the eating of
all legumes, including peanuts, during Passover.
Our Israeli Conservative rabbis have argued that
today we have no fear of these products being
mixed with hametz, and we are not worried about
"appearances" when even Orthodox Ashkenazi
authorities have permitted Passover "donuts,"
"pancakes" and "muffins"—all of which look like
their hametz counterparts. Even though our
American movement has not formally endorsed this
decision for us, some Conservative Jews are
starting to eat fresh corn and beans (that is,
when they are unprocessed) during Passover week.
As Sephardic Passover products from Israel make
their way in greater abundance to America,
perhaps we will see an increased acceptance of
the eating of not only peanuts, but the other
leguminous products as well.
* * * * * *
Here's an addendum on this
subject by my colleague Rabbi Steven Morgen:
a. Kitniyot are hametz-like
foods that Ashkenazic authorities prohibit on
Passover. (Rema on Orah Hayim 453:1) They
include: corn, millet, rice and legumes. Some
Ashkenazic authorities prohibit derivatives of
kitniyot (like corn oil) as well as the kitniyot
themselves, while others do not. (Maharsham vol.
1, Responsa #183, for instance, permits using
derivatives of kitniyot.)
b. There is an opinion by Rabbi Golinkin that
Ashkenazim do not need to observe the custom of
not eating kitniyot on Passover any longer. This
opinion is an accepted opinion for the Masorti
(Conservative) Movement in Israel. It has not
been adopted by the Law Committee in the United
States. Moreover, part of the rationale for the
opinion relates to specific conditions of
Israeli society (Sephardic hashgaha on products
in Israel for Pesah makes shopping confusing;
marriage between Sephardim and Ashkenazim is
common in Israel, etc.).
c. In any case, it is not prohibited to own
kitniyot during Passover; the prohibition
applies only to eating them.
d. While some authorities include peanuts in the
category of kitniyot, there is an opinion by
Rabbi Bergman that peanuts are not kitniyot.
(Perhaps because there is good reason to assert
that peanuts are not really kitniyot at all, it
seems that there are a number of authorities who
permit peanut oil - even though they do not
permit peanuts themselves, and do not hold that
derivatives of kitniyot may be eaten either.) In
addition, according to some authorities, string
beans are not included in the prohibition of
kitniyot. (Eishel Avraham, Responsa #453; Beit
David, Responsa # 6; Yad Yitzhaq, § 3, Responsa
# 92:2) |