Although all agree on the definition of chametz, many other foodstuffs have become "forbidden" by custom. These customs took on a life of their own. This is especially true of Ashkenazim, but not exclusively so. The classic example of this is the kitniyot controversy. As we shall see, there are other related phenomena, but none as hotly debated as this. In the Talmud, there was already a question if the five grains that can become chametz are really six; the additional one being rice. This was the view of one Talmudic rabbi (Rabbi Yochanan ben Nuri).
The Jerusalem Talmud leaves the question unanswered. The Babylonian Talmud emphatically rejects this position. In fact, some of those rabbis were particular to have rice on the Seder table. As I have written in previous articles, we go by the Babylonian Talmud. However, Ashkenazi and North African communities often had long established customs in accordance with the Jerusalem Talmud, and hence avoided rice. There was also a mention in Talmud of a rabbi who was opposed to a particular dish being served in the residence of the Babylonian Exilarch (Reish Galuta) which looked too much like chametz, and he was afraid that people might come to eat chametz as a result. However, there is no indication that this view was accepted generally.
We suddenly find that Ashkenazim stopped eating lentils on Passover in the late twelfth century. Where this came from is something of a mystery. After a few hundred years, it became widely accepted that the rabbis of Franco-Germany had made an enactment forbidding lentils, or even all legumes, for fear of confusing them with grain. I have an open offer out for many years that I will give $10,000 cash to anyone who can show me which rabbi or Beit Din made this decree. Indeed, we find Rabbi Yechiel of Paris writing at the beginning of this custom "I don't know where it came from, but it should be stopped before it spreads". One rabbi (Rabbenu Yerucham) called it "a foolish custom". Legend has it, that in fact it was an ancient practice, which the Sephardim, who supposedly had a legume based diet, simply were unable to uphold, and therefore continued to eat legumes (kitniyot) despite the "ban". Again, this is nothing but folklore. There is absolutely no evidence of a "ban" at any time by anyone.
So where did it come from? Modern research has found the answer. At this time, in Franco-Germany, there was a great agricultural reform, known as the Ottonian Renaissance. New methods were introduced, as well as old methods that had been forgotten resurrected. One of these was crop rotation. Fields were divided into sections; with one section for vegetables, one for grain, one for legumes, and one to lie fallow. Every year, there would be a rotation of these fields, which helps the earth maintain its fertility. So, the section that grew grain last year, would grow legumes this year. Anyone who does gardening can testify that last year’s tomato patch will still produce some tomato plants this year as well. When the men brought in the legume crop, the women found grain mixed in with the lentils. Rather than checking through the sacks of lentils for the wheat and barley, they simply refused to use the lentils! Thus, the custom of kitniyot was born.
However, the custom became pervasive among Ashkenazim. Rabenu Asher, the eminent Ashkenazi halachist of his day (1250-1328) declared kitniyot to be an "excessive stringency". But his pleas went unheeded. Over the centuries it was extended to most types of seeds as well. In the sixteenth century. RAMA (R. Moshe Isserels), the primary Ashkenazi voice in the Shulchan Aruch, declared the "prohibition" of kitniyot to be an established Halacha for Ashkenazim. However, if the amount of kitniyot in a dish was less than fifty percent, it could be ignored.
Today, most Ashkenazim would NEVER knowingly eat a dish containing kitniyot in any amount. Even Sephardic rabbis who privately consider the kitniyot issue as "nonsense", do not say so publicly. As I have written in the past. I was very close with Rabbi Ovadia Yosef. He wrote in his books many rules about how to handle kitniyot in mixed Ashkenazi/Sephardi settings, especially in marriages where one was Ashkenazi and one Sephardi. Nevertheless, any Ashkenazi who wanted to go over to the Sephardi practice in this regard, he would consent without hesitation. I asked him why, if he considered kitniyot nonsense, he simply didn't say so publicly. He replied "Do you want me to be at war with everyone?"
Today, in Israel, there are several Ashkenazi rabbis who urge the dropping of the custom. There are others, however, who urge Sephardim to "get with the plan". Most urge maintaining family custom. This includes other, purely local customs which may have had reasons once, but no longer do. This would include no garlic (Russian Jews), no fish (Hungarian Jews), no dried spices or dried fruit (several Ashkenazi communities). A somewhat similar situation exists in some Sephardi communities, where chickpeas are not used. Why? Because they are called "Hummus", which sounds like "chametz". The difference is, that the vast majority of Sephardi and Yemenite rabbis argue for the abolishment of such customs, while Ashkenazim urge their preservation. Some argue "Oh, come on. What is the big deal of avoiding beans for a week?" For many, including yours truly, that is a fallacious argument.
We have a Written Torah. We have an Oral Torah. Do we have a folklore Torah as well? That can be seen as a mockery of the divine commands. But, then again, the issue of the binding nature of custom is still something that has not as yet been fully dealt with. The matter awaits a valid Sanhedrin. For the mean time, we have Ashkenazim radically changing their diets for Passover, while Sephardim only have some modifications. Let us remember that rejoicing in the Festivals is a Biblical command. We must consider these issues carefully.
