Oil from Kitniyos - Mayo & Marg
these do not require special KLP certification
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Clear, cloudless oils derived from Kitniyos, are not, and never were, prohibited by the Kitniyos decree.
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Cooked Kitniyos
Siman 453 תנ״גדיני החטים וטחינתן למצות ובו ט' סעיפים אלו דברים שיוצאים בהם ידי חובת מצה בחטים ובשעורים ובכוסמין ובשבולת שועל ובשיפון (והמנהג ליקח לכתחלה חטים) (מהרי"ל) אבל לא באורז ושאר מיני קטנית וגם אינם באים לידי חימוץ ומותר לעשות מהם תבשיל הגה ויש אוסרים [קטנית] (טור והגהות מיימוני פ"ה ומרדכי פ' כל שעה) והמנהג באשכנז להחמיר ואין לשנות מיהו פשוט דאין אוסרים בדיעבד אם נפלו תוך התבשיל וכן מותר להדליק בשמנים הנעשים מהם ואינן אוסרין אם נפלו לתוך התבשיל [משנה ברורה [ו לפיכך החמירו עליהם לאסור כל פת וכל תבשיל ואפילו לבשל אורז וקטניות שלמות ג"כ אסרו משום לא פלוג Using Kitnoyos Oil Siman 453 תנ״גדיני החטים וטחינתן למצות ובו ט' סעיפים אלו דברים שיוצאים בהם ידי חובת מצה בחטים ובשעורים ובכוסמין ובשבולת שועל ובשיפון (והמנהג ליקח לכתחלה חטים) (מהרי"ל) אבל לא באורז ושאר מיני קטנית וגם אינם באים לידי חימוץ ומותר לעשות מהם תבשיל הגה ויש אוסרים [קטנית] (טור והגהות מיימוני פ"ה ומרדכי פ' כל שעה) והמנהג באשכנז להחמיר ואין לשנות מיהו פשוט דאין אוסרים בדיעבד אם נפלו תוך התבשיל וכן מותר להדליק בשמנים הנעשים מהם ואינן אוסרין אם נפלו לתוך התבשיל [משנה ברורה [יא רוצה לומר שאין צריך לדקדק לתלות הנר של שמן במקום רחוק מן השולחן משום חששא שמא ינטף על מאכל דאפילו ניטף אין לאסור דבכגון זה לא נהגו להחמיר כן מבואר בדרכי משה |
Introduction - Wheat becomes or is at risk of becoming Chamets, but only when exposed to water. Kitniyos cannot become Chamets, ever. Nevertheless, Ashkenazim have adopted the practice of not consuming cooked Kitniyos [and one must assume Kitniyos soaked in water] however, they can not be treated more stringently than wheat. Accordingly, those who follow the Kitnoyos stringency, do so only where they do or are at risk of becoming wet, i.e. those conditions where wheat might become Chamets. Indeed, this is the formulation of the law; the Mechaber rules we may cook Kitniyos with water to which the Rema notes that our custom is not to cook them with water. See sidebar - the MBerurah who says this precisely. Similarly, in the Beis Yosef, We may thus eat Kitniyos - popcorn and peanut butter for example, during Pesach because they have not been exposed to water. Rabbi Kaganoff writes - According to most Poskim there's no problem with making Kosher for Pesach popcorn (Chayei Odom 127:1; Rav Shulchan Aruch 453:5) In other words the entire decree of Kitniyos can only apply to Kitnoyos that have been in contact with water. Oil is processed from seeds that have not been exposed to water. Pure, clear, cloudless oils derived from Kitniyos, are not, and never were, prohibited by the Kitniyos decree.
An analysis of the Mishneh Berurah, OCh 453 MB 11 The Rama [1] rules - During Pesach, we may suspend above our dining table, an oil lamp burning Kitniyos oil, even though it will likely drip into our Pesach food. The MB [11] explains - although the risk of dripping oil is significant, it is permitted because the Kitniyos custom was not designed or applied to these circumstances. This ruling is expanded in the Rama's Sefer, Darchey Moshe. In fact, there are two considerations that require clarification. Firstly, is there a risk that the oil may be contaminated with and by actual Chamets? Secondly, is there a risk that the oil may be contaminated by Chamets taste or flavour? As to the first risk, that Chamets crumbs might be in that oil - this is due to its having been processed in a mortar also used for Chamets [and not cleaned before being used to process the oil now being used during Pesach] Any Chamets found in that oil is of no concern because the Chamets will be Battel before Pesach. It must be understood that in those times their oil was made by crushing seeds which produced an unrefined crude thick cloudy mixture in which any Chamets crumbs would be Battel because they would be unidentifiable, whereas a crumb of Chamets, readily identifiable in clear oil would not be Battel. The second risk, flavour imparted by the Chamets crumbs will also be Battel because it is less than 1/60th. However, Chamets flavour will also be absorbed in the mortar itself and in turn infused into the oil. The mass of the mortar and the flavour it absorbs is certainly more than 1/60th of the oil and will not be Battel [it seems that it was common to process in the mortar, wheat that had been soaked in hot water and was still hot, probably to make a porridge - see MB and ShaAr HaTziyun 10 (Lesissa is the process of steeping cereals in hot water) which would cause Chamets flavour to be absorbed in the mortar] Nevertheless, since extracting oil from seeds is a cold process, and it is not sharp like olive oil, it does not generate taste transfer. In spite of their sesame oil being a very crude and cloudy product, thick with pulverised sesame [which as we explained ensured that any Chamets crumbs in it are unidentifiable and Battel] it was nevertheless permitted to be used where it was likely to drip into ones Pesach food. Why? Because the Kitniyos decree was never promulgated to prohibit this form of Kitniyos. It banned the use of actual Kitnoyos or flour derived from Kitniyos. It is certainly true then that our refined clear oil is not and never was included in the Kitniyos decree. It should also be noted that the Rama seems to repeat his ruling that BeDiOvad [underlined in the Hebrew text box] - after the fact, once the Kitniyos has already fallen in to Pesach food - it is Kosher. He rules this in the generic form and repeats it when ruling about dripping oil. It seems likely that the intent is to clarify that even though placing the likely to drip lamp, is close to being negligent, nevertheless, it is still permitted to consume the Pesach food it dripped into, because this was never included in the custom. Darchey Moshe Tur 453:2 Kitniyos may not be eaten but they may, unlike Chamets, be stored in one's home; they need not be sold with one's Chamets. They may be kept in one's home even if they were soaked in water [this was a common practice in those days, today we call this process 'malting' which is an essential step in making beer and whisky and high fructose corn syrup] unlike soaked wheat which becomes actual Chamets and must be sold before Pesach after becoming wet. The question is - if we treat Kitniyos like wheat and barley, and that is why we do not eat them during Pesach, then why are we permitted to keep Kitniyos which have been soaked in water? The answer to that question is that the decree was not crafted to apply broadly to prohibit whatever is prohibited as Chamets: it applies only to eating - we are simply not permitted to eat Chamets. The DMoshe continues saying - "and in the same manner it is permitted to use oil derived from Kitniyos - and if a seed is found in one's food the food remains Kosher for Pesach" [however, it seems that the seed must be removed - and this is consistent with the MBerurah we referred to here and here] From the flow of his thinking, he seems to be describing that the seed dropped into the food from the oil lamp. He continues with the ruling of the MaHaRiL that one must not use an oil lamp charged with Kitniyos oil where it may drip into our Pesach food. Furthermore, the MaHaRiL prohibits even if the oil is not Kitniyos oil but the lamp was previously used with Chamets oil. [The issue seems to be that the entire lamp is deemed to be a Keli Rishon - like a pot that is cooking on the sotve, because the flame heats the oil in the lamp reservoir. I presume that it is deemed to be Chamets because it would not be unusual for the diners to reach up and dip their bread into the oil of the lamp.] |
