Q&A: On Legumes and Leaven
On Legumes and Leaven
Question
Rabbi Michael, festive greetings,
I just now saw what you wrote four years ago about legumes:
Your words are well reasoned and clearly formulated, as is your way; you are a brilliant logician and also gifted with a rare explanatory ability. If I understand correctly, your consistent position—in every halakhic field—is that Jewish law is the Babylonian Talmud, and that we are permitted and required to interpret it according to our own understanding and to ignore everything that was added by accepted interpretation from the close of the Talmud until today.
In my view, that is not the accepted position among the Jewish people, at any rate not among the majority. Prof. Tamar Ross nicely described the accepted position in several places in her writings; in my opinion she is right in explaining that in every generation another layer is added to the binding halakhic material, including the interpretation each generation gives to the words of the generations before it, which itself becomes part of the binding material and is then subject to interpretation by the next generation, which will have to be subordinate to it. Ronald Dworkin already wrote that a legal system is like a chain novel; each chapter that is written is added to the material that preceded it, and the story then continues from there onward, and there is no possibility of skipping over it. This includes customs as well.
But that is not the point for which I wanted to trouble you; in all this it seems to me that I am not telling you anything new, but only describing the disagreement between us (and I hope the description is accurate). What I really want to write to you about is the source of the custom. You basically accept the argument that the historical source is the concern that a grain of wheat got mixed into a sack of lentils (that is the reason that recurs again and again in your words). In my opinion, the historical source is a view that was accepted by some of the medieval authorities in France in the twelfth century, which held that lentils and other legumes produce hardened leaven, which as far as I understand does not incur karet but does violate a prohibition. You can see in the attached source file source 10, source 16, the words of the Raavad in source 19 when read according to the version brought in source 21, source 26 (ignoring source 27), source 31. Incidentally, source 48 (which is late and cannot have influenced the formation of the custom) holds that there is a concern of leaven with corn. In my opinion, the fact that we have never heard the name of a single sage who was involved in that secret meeting where the decree against legumes was decided teaches that no forum of sages ever decreed such a thing—rather, the people, meaning our Ashkenazi brothers, practiced it out of concern for the view that this is leaven, or at least a concern of leaven.
The source file deals with the custom of legumes in general, and of course it also brings many other reasons, which you surely know; just for amusement I attached another file, containing a liturgical poem from Machzor Vitry, in which there is a parody saying that on Purim one does not eat lentils and beans, which perhaps hints at the reason that legumes are not pleasant to the palate and are not suitable for a festival.
And just a question: which community are you from? For some reason I remembered you as being one of our Sephardi brothers, and from your piece it sounds as though your old custom—the one you are trying to get rid of—is to refrain from legumes.
Festivals and seasons for joy
Answer
Festive greetings,
Many thanks for the compliments (I am not sure I deserve them).
As for your main point, indeed I assumed here the reason commonly given today. You can also see it in the explanations given nowadays (all those who report that even today grains of leaven are found mixed in with legumes. These discussions also came up in the talkbacks).
It is possible that originally what you describe was the basis for the custom (I have not yet read the sources you sent), but even if that is the basis I do not see it as a binding reason. And the fact is that reasons for this custom have multiplied, all of them after the fact, which suggests that none of them really holds water (I am reminded of Rabbi Meidan and his well-known saying that he knows 22 explanations for reading the Book of Ruth on Shavuot, but only one for reading the Book of Esther on Purim. Maybe I brought that there? I no longer remember). After all, according to this view one should divide legumes according to what produces hardened leaven and what does not, and not according to the question of what existed in their time and was included in the custom and what was not, or green legumes and those that are not, and all the other distinctions people make in this context.
As for my halakhic position, you are indeed right. On the face of it this is not the accepted position, at least not on the declared level. But if you examine things more deeply you will see that it actually is the accepted position. In the end, everything after the Talmud can be disputed, except that things have inertia and different weights. One does not change something that has become entrenched so easily, but there is no mandatory authority here like there is with the Talmud. Rather, in the standard discourse people enthusiastically declare that additions to the binding halakhic canon have accumulated over the generations, and do not notice that these are only additions of weight, in the accepted legal terminology. That too I accept in principle. This is not merely semantics. It matters, because when there is a significant need to change, there is no reason not to do so. After all, there are clear sources for authority-based arguments (“do not deviate,” “they accepted it upon themselves,” perhaps acceptance by the nation, and the like).
But on the level of principle I am not so impressed, even if that was indeed the accepted position. The more important question is what is correct, not what people do in practice. The desirable and proper, not the existing reality. Though of course what has been accepted does carry weight. Like the rule of “the generally accepted approach” in the topic of one who errs in judgment and the like (I should note that I discussed that too, and argued that contrary to the accepted approach, “the generally accepted approach” is only a sign and not a reason. If something is indeed correct but did not become widespread, it would have the same status, and one who errs about it would still be considered to have erred in judgment. And if something became widespread but is not correct, one who errs about it would not be considered mistaken. Like a foolish custom and the like). Beyond that, even accepted positions come into being in some way. If I manage to persuade the public, then my position will be the accepted one. Rabbi Blumentzweig once said that in our attitude toward custom there is an inherent contradiction, because a custom is created by deviating from what is accepted (the basic law), and from the moment it is created there is an obligation not to deviate from it. It is the freezing of deviation. Well said indeed.
Festive greetings, and again thanks for the comments and compliments,
Incidentally, to my shame I am a pure Ashkenazi. Abraham is from Hungary (there are other Hungarian Abrahams, but as far as I know none of them are close relatives of ours).
Maybe my edginess (in writing) comes off as Moroccan. 🙂