Let me first say that I am not, by presenting a link to this article, advocating this position of kitniot. While I understand why many people find the halachic insistence on following the minhag of kitniot problematic, I still feel bound by halachic requirement to observe this minhag. Yet, at the same time, I also recognize that there is a process for change, albeit slowly and over an extended time, within certain parameters within the halachic system. To me this process begins with radicals who when they first present their viewpoint are not of the mainstream -- but whose viewpoints over time may eventually extend to the mainstream. That may be what is happening with the minhag of kitniot. I cannot be one of these readicals for I do not believe that the minhag can be easily dismissed and do not share the halachic arguments of these individuals who do believe that the minhag can be dismissed within the guidelines presented. But they do. And that is how Halacha works. Over time the new viewpoint may gain more backing but that is not to mean that one originally opposing the new viewpoint is simply to be dismissed for not being responsive to a problem or accepting a new view. One must do what one feels is right. Change starts with people who really believe that this new view is the proper halacha. It is only when more people accept the feeling that this is the proper halacha, not simply that it is the halacha they wish, that halachic movement occurs. I cannot allow kitniot because that is not the way I understand the halacha but I can believe that some people believe it is -- and I can recognize that over time more people may think like that and this new viewpoint will spread.
On the new view in Israel regarding Ashkenazim who eat kitniot, see http://www.forward.com/articles/104483/
Rabbi Ben Hecht
2 comments:
Either something is halacha or minhag: it can't be both. Kitniyot is minhag. I observe it because if I didn't, a lot of people wouldn't eat in my house during Passover. But I do not mistake it for a God-given or God-required obligation.
I agree with you that knowing the force of a command -- its nature and base of obligation -- is very important. One must be able to distinguish between a d'oraitha obligation, a d'rabbanan obligation and a minhag. This actually has imporant legal ramifications. Yet within the halachic system, it is also important to remember that a minhag also can have some form of halachic obligation. In other words, the Halacha mandates that one must follow minhagim. Of course the extent of this obligation may be a subject of dispute within the commentators.
I am sure that the new Nishma-Minhag group on yahoo will be discussing this issue further. To join that group go to http://nishmablog.blogspot.com/2009/04/join-new-nishma-minhag.html
Rabbi Ben Hecht
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