From the Rav’s Desk: The Origin, Basis, and Extent of the Original Ashkenazic Custom Not to Eat Kitniyot on Pesach

Question

I was wondering when the Ashkenazic custom of not eating kitniyot first began and where is it first mentioned in Jewish halakhic literature? Additionally, were there differing levels of stringency among Ashkenazic communities at the time of its inception?

Answer

The Ashkenazi practice of refraining from Kitniyus during Pesach is first documented in the works of Or Zarua and Semak, both prominent mid 13th-century Rishonim. Beginning from that period, the custom was documented by several Ashkenazi Rishonim. However, some authorities who noted this practice either expressly rejected it or referenced an alternative tradition that did not restrict its use during Pesach. What comes out of all this is that it did not become a widespread custom amongst all Ashkenazim to avoid eating Kitniyus on Pesach until at least the late 14^th century and early 15^th century. Prior to this time, starting from at least some time in the 13^th century, the custom of avoiding Kitniyus had begun and was followed by some Ashkenazi rabbis and communities. Prior to the 13^th century, there is no record that this custom was followed at all and possibly did not exist. If this information is accurate, Rashi—regarded as one of the earliest and most prominent Ashkenazi Rishonim—can be assumed to have consumed kitniyot during Passover. At the very least, there is no documented evidence or rationale to suggest otherwise.

Background:

Although the concept of refraining from eating rice on Pesach is mentioned in the Gemara through the opinion of Rabbi Yochanan ben Nuri—who maintains that rice and millet are considered actual Cḥametz—this view was never accepted in practice. The Gemara itself rejects this position, and all later authorities, including the Ashkenazic Rishonim, rule against it. As such, this opinion cannot be considered the source or first trace of the Ashkenazic custom not to eat kitniyot.

Rather, the earliest explicit mention of the custom of refraining from kitniyot appears in the Or Zarua of the mid 13^th century who pushes back against the custom to not eat Kitniyus, referring to it as a custom based on error! It is then recorded in the Sefer Mitzvot Katan (Semak) of Rabbi Isaac of Corbeil, also of the mid 13^th century. There, he records the practice of his teachers of avoiding legumes on Pesach, and the contrast custom of other Gedolim who eat it. This custom of avoidance was subsequently cited and discussed by later Ashkenazic Rishonim, including the Hagahos Maimanis, Maharil and the Terumat HaDeshen, among others, although was not recorded in the Rosh, who lived after the Semak but before the Maharil, and was completely negated by his son the Tur who writes that it is an excessive stringency and is not the custom, as well as Rabbeinu Yerucham, the disciple of the Rosh, who writes it off as a Minhag Shtus.

Interestingly, we find a range of opinions among the Rishonim regarding the extent of this restriction. While some Ashkenazic authorities did not accept the custom at all and dismissed it entirely, as stated above. Others adopted a very stringent approach, maintaining that one should not even own kitniyot during Pesach, that mixtures containing kitniyot render the entire food prohibited, and that one may not even use kitniyot oil for purposes such as lighting candles.

In practice, opinions among the Ashkenazi Rishonim on this matter ranged from significant leniency to extreme stringency. The Shulcḥan Aruch, as glossed by the Rema, ultimately adopts a balanced position, following the approach of the Terumat HaDeshen—one of the foundational figures of Ashkenazic custom. According to this ruling, kitniyot are prohibited for consumption on Pesach, but their ownership is permitted, and they may be used for non-food purposes, such as fuel.

What is particularly noteworthy is the question of whether the early Ashkenazic Rishonim observed the custom of refraining from kitniyot on Pesach. The available evidence strongly suggests that they did not. This conclusion is implied by the complete absence of any record of such a custom prior to the thirteenth century, as well as by the fact that even during the thirteenth century the practice was far from widespread. Accordingly, it is historically reasonable to assume that the leading Ashkenazic Rishonim—such as Rabbeinu Gershom Me’or HaGolah, Rashi, and many of the Tosafists, including Rabbeinu Tam and others—did in fact eat kitniyot on Pesach. The custom to prohibit kitniyot appears to have developed only at a later stage and was not part of the practice of the earliest Ashkenazic authorities.

Sources:

• Pesachim 35a and 114b [Negation of Rebbe Yochanon Ben Nuri who holds rice is Chametz]
• Or Zarua 2:256 in name of Rav Yehuda Miparis who questions the custom to not eat Kitniyus [Rabbi Isaac ben Moses of Vienna (c. 1200–1270), known as the Or Zarua, was a leading Ashkenazic Rishon and author of the halakhic compendium Or Zarua, foundational to Tosafist and later Ashkenazic practice.] “Likewise, with regard to kitniyot, the custom is to be stringent and not eat them unless they were cooked in boiling water from the outset. Afterward, however, I heard that my teacher, Rabbeinu himself, would eat them, and after him many adopted a lenient practice, and no mishap ever resulted from this leniency. And in the She’iltot of Rabbi Aḥai, I found it written in the laws of Pesach that all types of kitniyot are permitted to be cooked, both on Pesach and on other festivals. Furthermore, Rabbi Moshe ben Maimon (the Rambam) added in writing that even if they are soaked in water all day, they do not become leavened, since leavening occurs only through fermentation of grain, and this does not apply to them at all. Thus, in my view the rabbis were correct, and the custom that people adopted to prohibit them was based on error and misconception, similar to other erroneous stringencies that people accepted regarding permitted foods. Even so, one should not act leniently in their presence, for those who insist on stringency; and even in private it is better to refrain, remembering what was stated earlier regarding a grain of wheat found in salted chicken, where some authorities ruled that the salting is considered like cooking—as ruled by Rabbi Yoel and others, and thus when Rabbi X was asked, he ruled stringently; yet Rabbi Yehudah ruled leniently, stating that the measure of salting is like cold, and therefore utensils were permitted, since the heat was removed.”
• Semak Mitzvah 223 [Rabbi Isaac ben Joseph of Corbeil (d. 1280), a 13th‑century French Tosafist from Corbeil, authored Sefer Mitzvot Katan in 1277. 1^st source regarding not eating Kitniyus, Brings that Rabboiseinu don’t eat and that Gedolim do eat and concludes that one should not eat] “Regarding kitniyot—such as puyesh (perhaps chickpeas), poli (beans), rish (rice), lentils, and similar items—our Rabbis practiced a prohibition not to eat them at all on Pesach. And it appears—so it seems to me that I heard—regarding beans, that one should not cook them on Pesach except in boiling water from the very moment they are placed into the pot. Nevertheless, some great authorities practiced leniency with them. And my teacher, Rabbeinu Yechiel, would customarily eat white beans—called puyesh—on Pesach, and he would say that this was also the practice of other great authorities. He brought proof from the fact that even with regard to rice, which Rabbi Yoḥanan ben Nuri considers a type of grain with respect to leavening, the Talmud nevertheless states that no one is concerned with the view of Rabbi Yoḥanan. However, it is exceedingly difficult to permit something that the entire world has practiced as forbidden since the days of the early Sages. For it is obvious that they did not prohibit it because of actual leavening, since they did not err in a matter that even schoolchildren who have learned halakhah know explicitly—that the Gemara in Pesachim states clearly that leavening occurs only with the five species of grain. Therefore, it appears proper to uphold the custom and prohibit all kitniyot on Pesach—not because of actual leavening, for it is an error to say so, but rather as a protective decree. Since kitniyot are typically cooked as a dish (ma‘aseh kedeirah), and grain is also prepared as a cooked dish, such as porridge, if kitniyot were permitted one might come to confuse them and permit porridge, since both are prepared in the same manner. Furthermore, there are items derived from grain that resemble the five species, and there are also places where bread is customarily made from them, similar to the five grains. As a result, this could lead to confusion among those who are not learned in Torah. This is unlike vegetables—such as cabbage, leeks, and similar items—which do not resemble grain at all and therefore do not lead to confusion. Thus, it is a proper custom to be careful regarding all kitniyot as I have explained—even mustard, since it is something derived from grain‑like products. And although the Talmud permits rice, that applied only in their times, when everyone was expert in the laws of permitted and forbidden foods. But now, in later generations, it is certainly appropriate to enact this decree, as explained.”
• Hagahos Maimanis 5:1 in name of Semak and Rav Shmuel of Uroyah who prohibit and that Rav Yechiel and other Gedolim permitted Kitniyus [Rabbi Meir ha‑Kohen of Rothenburg (late 13th century), was a distinguished student of the Maharam of Rothenburg]
• Mordechai Remez 588 [Rabbi Mordechai ben Hillel ha‑Kohen (c. 1250–1298), known as the Mordechai, was a leading Tosafist and disciple of the Maharam of Rothenburg, author of Sefer ha‑Mordechai, a foundational Ashkenazic halakhic compendium];
• Rosh Pesachim 2:12 [Rabbi Asher ben Yehiel (c. 1250–1327), known as the Rosh, served first in Germany and later as rabbi of Toledo, and was a foundational authority for both Ashkenazic and Sephardic halakhic tradition. Writes that may cook Kitniyus];
• Tur 453 [Rabbi Yaakov ben Asher (c. 1270–1340), son of the Rosh and author of the Tur, lived in Toledo in the early 14th century.] “Some prohibit eating rice and all types of kitniyot when cooked in a dish, because grains of wheat may become mixed in with them. This, however, is an excessive stringency, and this is not the accepted practice.”
• Rabbeinu Yerucham 5:3 p. 41 brought in Beis Yosef 453 [Rabbi Yerucham ben Meshullam (c. 1290–1350), known as Rabbeinu Yerucham, was a Provençal‑Spanish Rishon and disciple of the Rosh. He writes that “it is a Minhag Shtus not to eat cooked Kitniyus unless they do it as a mere stringency, and I don’t know why”
• Rabbeinu Manoach [Rabbeinu Manoach of Narbonne was a late‑13th‑century Provençal commentator on Rambam’s Mishneh Torah.] “And it is written in the Sefer ha‑Minhagim: “The entire world has adopted the custom not to eat seeds (zera’onim) on Pesach, because they ferment, and therefore they are called ḥimẓei (perhaps referring to chickpeas).” End quote. However, it is not reasonable to say that this custom is based on an actual prohibition, for there is no fermentation whatsoever in any type of legume in the world. Rather, the reason is that it is not the normal practice to eat legumes on the festival, since it is written, “You shall rejoice in your festival,” and there is no joy in eating a legume dish. Afterward, I found it written that there exists one species called vitshash, which consists of wheat kernels that change in the ground, transforming in their form and nature into a type resembling zunin (degenerate grain), as happens in a year that is not blessed, when produce departs from its normal state and reverts. Zunin comes from the expression “for the land has surely gone astray” (ki zanoh tizneh ha‑aretz). In a rainy year, the produce reverts again into vitshash, and it is called vitshash‑pomentlash. For this reason, all legumes were prohibited, and this explanation has a legitimate foundation.”
• Maharil Machalos Assuros Pesach 160-17 [Rabbi Yaakov ben Moshe Levi Moelin (c. 1360–1427), known as the Maharil, served as rabbi of Mainz and was the principal codifier of German‑Ashkenazic custom. Writes in name of Maharash not to eat and that one who eats is liable for death, and that Chassidim Harishonim would also not light their oil]; “All types of kitniyot—Rabbi Maharash said that we decree that they may not be cooked on Pesach, even though only the five species of grain—wheat, barley, spelt, oats, and rye—are capable of becoming ḥametz. Nevertheless, the Sages decreed a prohibition on all types of kitniyot on account of those grains. And a person should not say, “Since this is not prohibited by Torah law, there is no need to be concerned,” for anyone who violates a rabbinic decree is liable to death (i.e., subject to severe divine punishment), and transgresses the commandment: “You shall not deviate from the matter that they instruct you” (Deuteronomy 17:11).”
• Terumos Hadeshen 113 [Rabbi Israel Isserlein (c. 1390–1460), of Maribor and Wiener Neustadt, was the leading Ashkenazic halakhic authority of fifteenth‑century Austria. Writes not to eat but that may benefit from and own and use as oil]