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Q&A: Regarding Kitniyot on Passover

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Regarding Kitniyot on Passover

Question

According to the Rabbi’s view that kitniyot are permitted because this is only a concern and not a custom, how do we know how to distinguish in each case whether something is a custom or a concern? The wording used by halakhic decisors in many places regarding kitniyot is “custom.”

Answer

Even if it is a custom, it is a foolish custom (today. Back then, of course, it made sense). And if it is rooted in a concern (and that is the case here), there is no reason to treat it not as a concern but as a custom. A binding custom is not a custom that is based on a concern.
What is based on a concern and remains binding even after the concern has disappeared is only if the matter became an enactment of an authorized religious court. That is not the case here, because this took place in a period when there was already no authorized religious court.
It’s worth seeing this here:
https://www.srugim.co.il/322656-%D7%94%D7%A8%D7%91-%D7%A2%D7%95%D7%A4%D7%A8%D7%9F-%D7%A2%D7%9C-%D7%94%D7%A4%D7%A1%D7%A7-%D7%A0%D7%A4%D7%94-%D7%94%D7%99%D7%90-%D7%9C%D7%90-%D7%AA%D7%A9%D7%9E%D7%99%D7%A9-%D7%A7%D7%93%D7%95%D7%A9

Discussion on Answer

Ofir (2019-04-15)

Do you need annulment of vows in order to eat it? Or does a concern that has been nullified not require annulment?

mikyab123 (2019-04-15)

The halakhic decisors wrote that something which became clear to you was a mistake from the outset does not require annulment.

Ofir (2019-04-16)

Thank you very much

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