By way of introduction, in the Shulchan Aruch it is written that thirty days before Pesach one should learn the halachos of Pesach. As Pesach is fast approaching, it is appropriate to discuss anew a post from five years ago, of which this is an update.

Every once in a while we are privileged to have the venerable printing house Mekizei Nirdamim release something special from the great rishonim (aside from their great journal Kovetz Al Yad).[1] Five years ago they published a critical edition of a Pesach Drasha of R. Eliezer Rokeach of Worms for the first time, edited by Professor Simcha Emanuel. In this post I would like to discuss some of the many things of interest in the work and also comment in general on the great job of Simcha Emanuel did with this work.

One of the reasons why I am updating this post is I was just told by Mekezei Nirdamim that they only have a few remaining copies and it will not be reprinted. I am selling copies for $16, while supplies last. For more information feel free to contact me at eliezerbrodt@gmail.com.

This drasha seems to have been an actual drasha that the Rokeach delivered, although it is pretty obvious from the length that it was not said at one time but probably a compilation of a few derashos recited at different times. The style is mostly halacha, with a bit of aggadah in the beginning and also scattered throughout. He goes through many halachos of Pesach starting with kashering the utensils, getting rid of the chametz, and baking the matzos. He then continues on at great length to discuss all the aspects of the Seder. Then he deals with what to do if one finds chametz on Pesach and he ends with some halachos of Yom Tov in general.

I would like to mention some of the interesting points found in the actual drasha. First, the Rokeach records that his family custom was when they burned the chametz they would do so with the lulavim and hoshanos which they had saved from Sukkos (p.79). [2] While talking about the minhag to bake matzos Erev Yom Tov he writes that one should not bake the matzos for the second night until the second night itself, because of chavivah mitzvah bi’shaatah (p. 92). [3] He states that one should go to the Mikvah before Yom Tov. [4]

The Rokeach writes that if the Yom Tov falls out on Shabbos we do not smell hadassim for besamim on Motzei Shabbos, because there is no loss of the extra soul, as the soul remains for the duration of Yom Tov. (p. 93).[4a] In a note Professor Emanuel points out that others disagree with this point and hold that one does in fact make a blessing on the besamim when Saturday night is still Yom Tov. While talking about the washing for karpas he writes that one should make ‘al nitelas yadaim (p. 96), whereas today we do not. [5] He then goes on to say that we eat a full kezayis for karpas, which is something we also do not do – we purposely eat less than a kezayis. [6] (p. 97, 152). He notes his family minhag was to hold the cup of wine during the recitation of vehi she’amdah (p. 99 and p. 126) [7], the common custom today.

He describes how his family poured out the wine when they said the ten Makkot (p. 101, see also, p. 127). The importance of this last custom is that until the publication of this drasha, although many have recorded this custom in the name of the Rokeach, it appeared in none of his writings (as I plan on discussing at length in a forthcoming article). In regard to washing mayim acharonim at the seder, although others argue he writes one should wash (p. 106). [8]

In addition to all this Professor Emanuel has included extensive notes and comments throughout the drasha, which are excellent. These provide additional sources for various things mentioned in the drasha, also including interesting sources from unpublished manuscripts.

To list some of the topics that he deals with in the notes: Making matzos with pictures on them (pp. 129-134), about the nussach of the Haggdaah that some said רבון עלומים וכו after ביד חזקה (pp. 53- 57) [9], and reasons for the prohibition of kitniyos (p. 51).[10]

One very interesting thing which Emanuel points out is the difference about how a name is spelled in various manuscripts. Specifically, whether the Rokeach’s father-in-law was Eliezer or Elazar. If it was Elazar than it turns out that the Rokeach, whose first name was also Elazar, apparently ignored the will of his teacher, Rebbi Yehuda ha-Hassid – who disallows such marriages in his famous Tzavaah. Although, most likely, the Rokeach was married even prior to coming in contact with Rebbi Yehuda ha-Hassid, his practice demonstrates that people, prior to Rebbi Yehuda ha-Hassid’s pronouncement did not observe or even know of this custom. (pp. 57- 59). Emanuel than brings early evidence that part of the Tzavaah were strictly for the family.[11]

In this work we find an early source not related to Pesach but to Shavous – such as to eat Milchigs (p. 39, 110). [12]

Aside from this small work (152 pp.) containing this very important drasha of the Rokeach it also includes many important pieces of information in regard to the Rokeach in general and especially to two works of his that were unknown. There is a lengthy discussion about a sefer of the Rokeach on shechitah and treifos as well as another sefer – Sefer Ma’aseh Rokeach.

[1] For more information on this special, 150-year old publishing house, see the pamphlet printed by them in 1964, called Chevrat Mekizei Nirdamim.

[2] For further on this custom see Sefer HaMaskil pp. 33-34; the important comment of R. Honig in Yerushaseinu 1 (2007), pp. 208-209; Sefer Kushiyos pp. 168-169 and the notes therein; D. Sperber, Minhagei Yisrael, vol. 2 p. 193. See also what I wrote in Yerushaseinu 2 (2008), p. 219.

[3] For general sources on baking Matzos on Erev Pesach see Rabbi. G. Oberlander, Minhag Avoseinu Beyadeinu, pp. 327-255.

[4] For a very detailed discussion of this topic see my Bein Kesseh Le-assur, pp.48-96.

[4a] See; Shmuel and Zev Safrai, Haggadas Chazal, pp.54-55.

[5] See; Haggadah Shevivei Eish, p. 152; Y. Tabory, Pesach Dorot, pp. 216- 244. See also what I wrote in my Bein Kesseh Le-assur, p. 152.

[6] See; Y. Tabory, Pesach Dorot, pp. 264-265.

[7] See; Haggadah Shevivei Eish p. 109.

[8] See; Tabory, ibid, p. 244-249.

[9] See; Pirush Meyuchas le-Rashi in the Torat Hayyim Haggadah, p. 110; Shmuel and Zev Safrai, Haggadas Chazal, pp. 84-85; Simcha Emanuel, “‘When God Descended to Egypt’: The Story of a Passage in the Passover Haggadah,” Tarbiz 77:1 (2008): 109-132 (Hebrew).

[10] See; Y. Ta-Shma, “Prohibition of Kitniyot on Pesach,” Early Franco-German Ritual and Custom (Jerusalem: Hebrew University Magnes Press, 1992), pp.271-282 (Hebrew); Rabbi. G. Oberlander, Minhag Avoseinu Beyadeinu, pp. 410-438.

[11] On all this see also my Likutei Eliezer, pp. 51-53.

[12] See; Rabbi. G. Oberlander, Minhag Avoseinu Beyadeinu, pp.623-647. I hope to return to this topic shortly.

Here’s a roundup of Pesach and Haggadah-themed posts at the Seforim Blog.

I. Racy Title Pages Update II 12.01.2005.

Discusses the title page of the Prague Haggadah of 1526. This particular Haggadah used an illustration of a nude woman in the Haggadah’s quotation of Ezekiel 16:7 (“I cause you to increase, even as the growth of the field. And you did increase and grow up, and you became beautiful: you breasts grew, and your hair has grown; yet you were naked and bare”). This is contrasted with the Venice 1603 Haggadah which not only used an almost identical illustration, but even included a note alterting the reader that this is a picture of a man!

II. Eliyahu Drinking from the Cup 3.29.2006.

Discusses various beliefs about Elijah in connection with the Seder, illuminated from Haggadah illustrations.

III. Prague 1526 Haggadah 3.30.2006.

Discusses this first fully illustrated Haggadah. Since according to rabbinic tradition Abraham was called an Ivri because he came from “the other side” of the river, he is depicted in a row boat. In the Mantua 160 Haggadah a similar idea is shown, only Abraham rides in a gondola!

IV. Separate Beds More on Illustrated Haggadot 4.04.2006.

Discusses the bedroom illustration in the Venice 1629 Haggadah. The Haggadah interprets “our pain” (Deut. 26:7) as referring to the separation of husbands and wives. This is illustrated with husband and wife sleeping in separate beds and a lit lamp.

V. Haggadah, First Hebrew Map, and Forgery 4.10.2006.

Discusses the Amsterdam 1695 Haggadah. This Haggadah innovated by using copper plates rather than woodcuts, making its illustrations – by the convert Abraham b”r Ya’akov mi-mishpahto shel Avraham avinu – exceptionally intricate and pleasing. Includes one of the earliest Hebrew maps of the land of Israel.

VI. Old Haggadot for Free 4.10.2006.

A notice that many important and old Haggadot are available online.

VII. Pesach Journals, Had Gadyah, Plagiarism & Bibliographical Errors 3.27.2007.

Discusses Yeshurun’s special Pesach issue. The author of one of the article’s method of essentially repackaging scholarly journal articles for frum Torah journals is exposed.

VIII. Haggadah and the Mingling of the Sexes 3.27.2007.

The Mantua 1560 edition of the Haggadah shows men and women working together to bake matzot. The editors even included a verse from Psalms 148:12, highlighting old and young, bachelor and virgin, seeing matzah production as a fulfillment of this verse. By contrast, in the 1609 Prague Haggadah although a similar illustration is used there is no woman working the matzah oven. The interpretation of verses appearing to sanction the mingling of young boys and girls is also discussed.

IX. Rabbi Eliezer Brodt on Haggadah shel Pesach: Reflections on the Past and Present 3.27.2007.

Discusses the interesting Haggadah of R. Yedidiah Thia Weil (Rav Korban Nesanel’s son). Among other things of note, the author mentions that he heard that Jews have one more tooth than non-Jews.

X. Pesach Drasha of the Rokeach by Eliezer Brodt, 4.02.2007.

Discusses a newly published derasha of R. Eleazer Rokeach’s Pesach , which mentions his personal Pesach customs, and of which confirms something long recorded in his name, but never known from his own words.

XI. Initial Bibliography of Important Haggadah Literature by Eliezer Brodt, 4.16.2008.

Discusses Haggadot which discuss the historical development of the Haggadah, such as R. Menachem Kasher’s Haggadah Shelemah and Prof. Y. H. Yerushalmi’s Haggadah and History, as well as many others.

XII. The Date of the Exodus: A Guide to the Orthodox Perplexed by Mitchell First, 4.03.2011.

Discusses possible ways of identifying the specific Pharaoh of the Torah and therefore the date of the enslavement and exodus from Egypt.

Chag kasher ve-sameach!

Some Observations Regarding the Mah Nishtannah[1]

[1] I would like to acknowledge Dr. Jay Rovner, Rabbi Mordy Friedman, and Sam Borodach for their thoughts and assistance. The views expressed are solely my own. Several sources will be cited throughout: -D. Goldschmidt, Haggadah shel Pesach (1960), cited as “Goldschmidt.” -M. Kasher, Haggadah Shelemah (third ed., 1967), cited as “Kasher.” -Y. Tabory, Pesach Dorot (1996), cited as “Tabory.” -S. and Z. Safrai, Haggadat Chazal (1998), cited as “Safrai.” -S. Friedman, Tosefta Atikta: Masechet Pesach Rishon (2002), cited as “Friedman.” -R. Steiner, “On the Original Structure and Meaning of Mah Nishtannah and the History of Its Reinterpretation,” JSIJ 7 (2008), pp. 1-41, cited as “Steiner.”[2] I will call them questions, even though some have argued that they are best understood, in the context of Mishnah 10:4, as explanations or exclamations. See, e.g., Safrai, pp. 31 and 206, and the sources cited by Steiner, pp. 21-22. Steiner strongly defends the traditional understanding of the mah nishtannah as questions (actually, as one long question). He points out that the Talmud (Pes. 116a) includes the following passage:ת”ר חכם בנו שואלו ואם אינו חכם אשתו שואלתו ואם לאו הוא שואל לעצמו ואפילו שני תלמידי חכמים שיודעין בהלכות הפסח שואלין זה לזה מה נשתנה הלילה הזה מכל הלילות שבכל הלילות אנו מטבילין פעם אחת הלילה הזה שתי פעמים:(Although the printed editions have punctuation between שואלין זה לזה and מה נשתנה, this punctuation is only a later addition. See Steiner, p. 26, n. 95, and Kasher, p. 35. But see Goldschmidt, p. 11, and Safrai, p. 112, for a different approach to the above text.) Steiner argues that the Mishnah is most properly understood as intending only one (long) question, i.e., “what special characteristic of this night is causing us to depart from our normal routine in so many ways?” He shows that R. Saadiah Gaon and every early medieval source understood the mah nishtannah as only one long question. It was not until the 13th century that a medieval source first referred to them asשאלות (plural). A study of the the mah nishtannah inevitably raises other issues. Is the mah nishtannah to be recited by the child only if he cannot formulate his own questions? Is it perhaps to be recited by the father? On these issues, see, e.g., Goldschmidt, pp. 10-11, Kasher, pp. רד-רב, Safrai, p. 31, ArtScroll Mishnah Series, comm. to Pes. 10:4, p. 210, and J. Kulp and D. Golinkin, The Schechter Haggadah: Art, History, and Commentary, p. 196. Most likely, the correct understanding of Mishnah 10:4 is that the mah nishtannah is what the child who lacks understanding is taught to ask. See Steiner, pp. 26, and 33-36. (Steiner suggests that we should read the beginning of Mishnah 10:4 elliptically as if it includes the words לשאל after בבן דעת אין, and again after אביו מלמדו.) It was only sometime in the post-Talmudic period that the mah nishtannah began to be treated as a mandated piece of liturgy.[3] A well-known example is the first Mishnah in the fourth chapter of Bava Metzia. On this topic generally, see M. Schacter, “Babylonian-Palestinian Variations in the Mishnah,” JQR 42 (1951-52), pp. 1-35. [4] This is what the earliest and most reliable Mishnah manuscripts record. See Safrai, p. 26 and Tabory, pp. 260, 262, and 361.With regard to the order of these three questions, almost all of the early sources which record the mah nishtannah as dipping, matzah and roast, record them in that precise order. See Tabory, p. 262. Kasher, p. 113, n. 6, refers to eight manuscripts of the Babylonian Talmud to Pesachim which include the Mishnah. All but one include only the above three questions in their text of the Mishnah (in the order dipping, matzah, and roast). (In this note, Kasher did not cite the Munich 95 manuscript of the Talmud, which also includes only these three questions, because it includes them in a different order.) Almost certainly, it was the familiarity of later copyists with the maror question from the texts of their Haggadah that led them to insert it into texts of the Mishnah. See H. Guggenheimer, The Scholar’s Haggadah, p. 250. Now that it has been established that Mishnah 10:4 includes only three questions, many scholars claim that the three explanations of R. Gamliel at Mishnah 10:5 (pesach, matzah, maror) are the answers to the mah nishtannah. But this approach must be rejected. As Steiner explains (pp. 32-33), although the topics of the mah nishtannah match the topics of the three explanations (the dipping question was the maror question of the time), the “explanations” given do not specifically answer the questions posed. Moreover, the mah nishtannah is most properly understood as only one long question, i.e., “what special characteristic of this night is causing us to depart from our normal routine in so many ways?” If so, what we should be looking for in an answer is one fundamental answer and not three piecemeal ones. According to Steiner, כל הפרשה … מתחיל בגנות is the answer expressed in the Mishnah to the mah nishtannah. (The prevalent view among the Rishonim was that avadim hayyinu was the answer to the mah nishtannah. See Steiner, p. 31. But avadim hayyinu is not found in the Mishnah, and was not even included in the Palestinian seder ritual. See Steiner, p. 32 and below, n. 26.)[5] See the edition of the Rambam’s commentary on the Mishnah published by Y. Kafah. Rambam copied a text of the Mishnah (presumably one that he felt was authoritative) and wrote his commentary on that text. For most of the sedarim of the Mishnah (including Pesachim), we have this text of the Mishnah and the Rambam’s commentary, all written in the Rambam’s own hand. This text of the Mishnah with the Rambam’s commentary was published by Kafah. The edition of the Rambam’s commentary on the Mishnah included in a standard Talmud volume does not include a text of the Mishnah.[6] The German version was published in 1936. The earlier Hebrew version was published in 1947.[7] Goldschmidt, pp. 11-12. He also clearly took this position in the 1947 version (pp. 9-10, and p. 29). I have not seen the 1936 version.[8] The other source cited was: “J. Levy, A Guide to Passover (1958).” There is a typographical error here, as the author’s name was Isaac Levy. This was not a work which compared in any way with the level of scholarship reflected in Goldschmidt’s 1960 Haggadah. At p. 27, Levy assumed, without any discussion, that the Mishnah enumerated the matzah, maror, roast, and dipping questions.[9] E.g., Safrai, p. 26, Tabory, pp. 260, 262 and 361, Steiner, p. 32, and Kulp and Golinkin, pp. 198-99.[10] It includes no new bibliographical references either, unlike many of the other entries.[11] The Gaon’s explanation is printed at Kasher, at p. 115. According to this explanation, reclining at the seder would not have been a shinui prior to the churban, since it was the practice to eat while reclining all year round. Only after the Temple was destroyed did reclining at the seder become something unusual. At the same time, the pesach sacrifice ceased. The Gaon’s explanations to the Haggadah were first published in 1805 (a few years after his death) by his student R. Menachem Mendel of Shklov. The Encylopaedia Judaica entry “Mah Nishtannah” also essentially follows the approach of the Gaon. Another widely quoted view is that of the Rambam, who writes that there were originally five questions before the question about roast meat was dropped. The Rambam writes (Hilchot Chametz u-Matzah 8:3): בזמן הזה אינו אומר והלילה הזה כולו צלי שאין לנו קרבן. [12] R. Brody, The Geonim of Babylonia and the Shaping of Medieval Jewish Culture, p. 32.[13] For a listing of the Haggadah fragments from the Genizah, see Safrai, pp. 293-301. Most of these have not been published.[14] For some published examples, see: 1) I. Abrahams, “Some Egyptian Fragments of the Passover Haggadah,” J.Q.R. (O.S.) 10 (1898), pp. 41-51, fragments # 2, 7,8 and 10; 2) the Haggadah manuscript first described briefly in an article by J.H. Greenstone in 1911, and later published in full by Goldschmidt; 3) the Haggadah manuscript published by Jay Rovner, “An Early Passover Haggadah According to the Palestinian Rite,” J.Q.R. 90 (2000), pp. 337-396, and 4) MS Cambridge T-S H2.152 (photograph at Kasher, p. 93). There are other such fragments as well. For example, see Safrai, p. 53, n. 21 and p. 114, nn. 9 and 11. (The manuscript published by Rovner is probably, but not certainly, from the Genizah.). In only one of these texts (T-S H2.152) was the text of the question amended to צלי כולו המקדש בבית אוכלים היינו. With one exception (see below), the roast question is found only among sets of mah nishtannah which are based on the three questions included in the Mishnah. These sets either follow the set of three included in the Mishnah, or have a modified version of the set which leaves out the matzah question (perhaps erroneously, see the discussion in the text). (But not all of the fragments which include the roast question include a complete set of questions, so the above conclusions are not absolute.) The exception is T-S H2.152 which includes the roast question along with four other questions. One text from the Genizah (Abrahams, fragment #5) includes the following blessing immediately after ha-motzi: מרורים מצות לאכל אבותינו את צוה אשר העולם מלך … ‘ה ‘א ‘ב הברית זוכר ‘ה ‘א ‘ב גבורותיו את להזכיר אש צלי בשר(The Safrais quote this text at p. 30, but erroneously leave out the words אבותינו את.) Whatever community was using this text was almost certainly eating roast meat at their meal, although Tabory (p. 103) raises the possibility that they may have only been partaking a small, symbolic amount. A similar blessing is found in a different Genizah fragment printed by the Safrais at p. 289. There, however, the blessing is included before the blessing for washing and ha-motzi, so it is less clear that the blessing was meant to precede the actual eating of roast meat. Regarding the concluding blessing הברית זוכר, there are other fragments from the Genizah which include such a blessing in this section of the Haggadah (without reference to אש צלי בשר ). See, e.g, the Greenstone-Goldschmidt manuscript (Goldschmidt, p. 83), and Abrahams, fragment #7. For further discussion of this concluding blessing, see Goldschmidt, p. 60, n. 10.

[16] Safrai, p. 113. (I am not concerned with variation in the order of these four questions.)[17] In this section, I am only including fragments whose total number of questions in their mah nishtannah set can be determined. Therefore, I am not including fragments such as Abrahams #7 and Abrahams #8, which include mah nishtannah questions but which are cut off mid-set. For example, Abrahams fragment #7 starts with the roast question, but is cut off before it. Abrahams fragment #8 starts in the middle of the matzah question. [18] See, e.g., Abrahams, fragments #2 and #10. See also our discussion below of the Greenstone-Goldschmidt fragment. Safrai writes (p. 65) that ניכר מספר of the Haggadah fragments from the Genizah are of this type. [19] Safrai, pp. 26, 64 and 113. But a few fragments which include the roast question follow the Babylonian rite in other essential respects. See Safrai, p. 30, n. 55, and p. 114, n. 9.[20] Safrai, pp. 113 and 206.[21] We know from many other contexts that Babylonian customs gradually penetrated into Palestine and its surrounding areas and became the majority custom. See, e.g., Brody, The Geonim of Babylonia and the Shaping of Medieval Jewish Culture, pp. 111, 115, and 117. (An example is the practice of reciting kedushah in the daily amidah. The letter of Pirkoi ben Baboi, early 9th cent., describes how Babylonian Jews moved to Palestine and forced Palestinian Jews to adopt the Babylonian practice of reciting kedushah daily.) See also I. Ta-Shema, Ha-Tefillah ha-Ashkenazit ha-Kedumah, p. 7. [22] See Kasher, p. 113, n. 11. Kasher calls this manuscript “21ק.” It is MS Cambridge T-S H2.145. It is possible that this is not a legitimate variant and that the maror question was omitted in error by the scribe who copied this fragment. As explained in the text, the reclining question was almost certainly the last question added and there was little reason for a community to have dropped the maror question. We also have evidence of a mah nishtannah set of dipping, matzah, and maror. This does not come from the Genizah, but from additions inscribed at the end of a certain siddur. The siddur was authored by a rabbinic authority from Morocco, who lived in the 11th or 12th century. The additions, inscribed by the owner of the siddur, describe various local rites, and include a mah nishtannah set of dipping, matzah and maror. See Rovner, p. 351, n. 57.[23] T-S H2.152. [24] Safrai, p. 53. This set is so aberrant that it may not reflect an actual rite. Possibly, the set was created by a lone scribe who combined the various questions that he knew of into one set. Since this set records the language of the roast question in a manner found nowhere else, this is evidence that the scribe who copied this fragment may have been a creative one.[25] The Haggadah manuscript published by Rovner clearly records only these two questions. The Greenstone-Goldschmidt manuscript initially recorded only these two questions, but a later scribe inserted the matzah question. See the last line of fragment א/ד and the first line of fragment ב/ד, in the photos at Goldschmidt, p. ii. These photos show that these lines are in a different handwriting. (The Safrais also print a text of the Goldstone-Goldschmidt manuscript. But they print it as if it included all three questions initially. See Safrai, pp. 286-89.) [26] Safrai, p. 50. See also the responsum of R. Natronai Gaon quoted, for example, at Kasher, pp. 27-28, Goldschmidt, p. 73, and Safrai, pp. 56-57. (In this responsum, R. Natronai criticizes an alternative Haggadah ritual for many reasons, one of which was the ritual’s omission of avadim hayyinu. R. Natronai thought it was a sectarian Haggadah ritual. It turns out that he was criticizing the Palestinian Haggadah ritual. See Goldschmidt, p. 74, Safrai, pp. 56-59, and Brody, p. 96.)[27] It is cited in Kasher, p. 113, n. 11 with the symbol ש. The responsum is not devoted solely to the seder. The first few lines of the responsum, whose beginning is cut off, deal with the hoshanot of Sukkot.[28] M. Lehman, Seder ve-Haggadah Shel Pesach le-Rav Natronai Gaon Al Pi Ketav-Yad Kadmon, in Sefer Yovel li-Chevod Morenu ha-Gaon Rabi Yosef Dov ha-Levi Soloveitchik Shelita, ed. S. Israeli, vol. 2, pp. 976-993, at p. 986. The title of Lehman’s article is unfortunate. The text of the article does not even claim that the Geonic Haggadah text published there served as the Haggadah of R. Natronai Gaon. Lehman composed the article initially based on a manuscript which spanned three sections, one of which was a Haggadah text. The first section of the manuscript included a caption stating that the material in that section (a long paytanic version of kiddush for Passover, and a long paytanic version of the blessing before drinking the second cup) was enacted and arranged by R. Natronai. The Haggadah section had its own caption which stated that what followed was the text of the Haggadah accepted by the Talmud and the Geonim (with no mention of R. Natronai). Three Passover-related responsa followed, without any caption. Later, Lehman acquired another page from the same manuscript. He writes that the body of his article was already in final form by this time, but he was able to add his discussion of the new page at the end of the article. The new page included three anonymous responsa, one of which is recorded elsewhere in the name of R. Hai Gaon. This made Lehman realize (p. 991) that his pages were part of a collection of material from various Geonim, and not material that may all have had some connection to R. Natronai. Probably, the article was given its title (by Lehman or perhaps by someone else) before Lehman acquired the additional page. But even before Lehman acquired the additional page, the title was unjustified, as the Haggadah section had its own caption which did not connect it to R. Natronai. (Despite its caption, even the material in the first section of the manuscript may not have been composed by R. Natronai.) It is unfortunate that the Safrais refer to Lehman’s text throughout their work as the “Haggadah of R. Natronai Gaon.” It is evident fom their discussion of this text (p. 261) that all they were really willing to accept is that the text reflected a Haggadah from the time of the Geonim in general.[29] See Safrai, pp. 261 and 266.[30] See Kasher, p. 42, J. Rovner, “An Early Passover Haggadah: Corrigenda,” JQR 91 (2001), p. 429 (correcting p. 351, n. 59 in his original article), and J. Kulp and D. Golinkin, The Schechter Haggadah: Art, History, and Commentary, p. 199. Note that the Rif quotes a text of M. Pesachim 10:4 which includes only the questions of dipping, matzah and roast, and then remarks פסחא לן דלית צלי בשר לימא לא והשתא. It can be argued based on this that, in his community, the mah nishtannah at the seder may have only included dipping and matzah.[31] Perhaps close examination of the responsum will reveal other unique aspects. The responsum follows an alternative nusach for kiddush, but this nusach is widely attested to. See, e.g., Siddur R. Saadiah Gaon, pp. 141-142, Kasher, pp. 183-85 and ג-ב, Safrai, p. 61, and Lehman, pp. 977-980 and 982-83. The responsum records the Sages in Bnei Brak as having been מסיחין about yitziat mitzrayim all night. But there is other evidence for this reading or its equivalent: משיחין. See Safrai, p. 208.[32] But this language is recorded in the haggadot of Djerba (which also include the standard language that we are now slaves and will be free next year). See Kasher, p. 201, and Safrai, p. 111, n. 6. (Djerba is an island off the coast of Tunisia. The Jewish community there has ancient roots. ) R. Shlomo Goren saw fit to to include the above Geonic language (along with the standard language) in the haggadah he composed for the use of the Israeli army. See, e.g., Kasher, p. 201, citing the 1956 edition of the Haggadah Shel Pesach published by הראשית הצבאית הרבנות. Many editions of this haggadah were published and I saw this language in later editions as well. Kasher discusses the Geonic language at pp. 198-201 and attempts to provide a rationale for it.[33] Tabory, p. 260.[34] The maror question made its way into some, but not the earliest, texts of the Mishnah. See Tabory, p. 261.[35] Tabori, p. 261, n. 36.[36] In Amoraic Babylonia, there was no practice of dipping throughout the year. This led the Babylonian Amoraim to rephrase the question. Based on the statements by the Babylonian Amoraim expressed at Pes. 116a, the text of the dipping question was changed in many Mishnah manuscripts. Various forms of the question developed. See Safrai, p. 27, and Goldschmidt, p. 77.[37] Tabory, pp. 261-262. Almost certainly, the original formulation of this question described the herb as מרורים. See Siddur R. Saadiah Gaon, p. 137, Goldschmidt, p. 12, Kasher, pp. 113-14 and pp. יא-י (variant readings), and Tabory, p. 261. See also Rambam, Hilchot Chametz u-Matzah 8:2. (In the nusach ha-haggadah included in the standard printed Mishnah Torah, the reading is מרור. But the Frankel edition points out that some versions read מרורים here.) מרורים is the phrase used in the Bible (Ex. 12:8 and Num. 9:11). Moreover, the singular מרור refers to only one of the five herbs with which one can fulfill one’s obligation. See M. Pes. 2:6.[38] In suggesting that both the maror and reclining questions arose in Babylonia, I am following the approach of the Safrais. The Safrais believe that even though the majority of the mah nishtannah Haggadah fragments from the Genizah include dipping, matzah, maror and reclining, these fragments do not reflect the original Palestinian custom. These fragments only show that the Babylonian custom became the majority custom in Palestine and its surrounding areas. [39] Guggenheimer, p. 250. [40] P. 113 (ed. Goldschmidt).[41] P. 137.[42] But N. Cohen has noted several contradictions between the instructions provided by R. Saadiah and the liturgical texts, and between parallel prayer texts in different sections. According to Cohen, some of the liturgical texts included in the Siddur may have been supplied by later copyists, or at least changed by them. See Cohen, le-Ofiyyo ha-Mekori shel Siddur Rav Saadiah Gaon, Sinai 95 (1983/84), pp. 249-67. Cohen does not address the mah nishtannah in her study.[43] A gedi (=young goat) was one of the animals permitted for the pesach sacrifice. Ex. 12:5 states that the pesach sacrifice must come מן הכבשים ומן העזים (=from a lamb or a goat). [44] One such reason is that plain references to Rabban Gamliel (i.e., without the description “ha-Zaken”) are almost always references to Rabban Gamliel of Yavneh. See Safrai, p. 28, n. 50, E. Schurer, The History of the Jewish People in the Age of Jesus Christ, ed. Vermes, Millar and Black, vol. 2, p. 368, n. 48, and Tos. Niddah 6b, s.v. בשפחתו. A story referring to a practice of preparing a gedi mekulas among Roman Jewry, and the objection of the Sages of Palestine, is found in many sources. See, e.g., Pes. 53a: תודוס איש רומי הנהיג את בני רומי לאכול גדיים מקולסין בלילי פסחים שלחו לו אלמלא תודוס אתה גזרנו עליך נדוי שאתה מאכיל את ישראל קדשים בחוץ … See also Ber. 19a, Bezah 23a, and in the Jerusalem Talmud: Pes. 7:1, Bezah 2:7, and Mo’ed Katan 3:1. Most scholars believe that Todos lived after the churban. See Tabory, p. 98. But there are some scholars who believe that Todos lived during Temple times. See Safrai, p. 28, n. 52. Even if it can shown that there was a practice outside of Palestine of preparing a gedi mekulas during Temple times, this does not mean that there was such a practice in Palestine, where going to Jerusalem and participating in an actual pesach sacrifice was largely possible. (The version of the above story in the standard printed edition of the Talmud at Ber. 19a states that the message to Todos was sent by Simeon b. Shetach. But this is an erroneous reading. See Tabory, p. 98.) Aside from being recorded in both Talmuds, the above story is also recorded in the Tosefta (Bezah 2:11). But the Tosefta has a slightly different reading:תודוס איש רומי הנהיג את בני רומי ליקח טלאים בלילי פסחים ועושין אותן מקולסין… טלא is the Aramaic term for שה, a broader term than גדי . Regarding the significance of this reading, see S. Lieberman, Tosefta ki-Feshutah, 5, p. 959.[45] See the following note.[46] Tosef. Betzah 2:11:איזהו גדי מקולס? כולו צלי, ראשו וכרעיו וקרבו. בישל ממנו כל שהוא שלק ממנו כל שהוא אין זה גדי מקולס … Pes. 74a: איזהו גדי מקולס דאסור לאכול בלילי פסח בזמן הזה כל שצלאו כולו כאחד .נחתך ממנו אבר נשלק ממנו אבר אין זה גדי מקולס (Perhaps it was only the preparation of a gedi mekulas that was forbidden by the Sages, or perhaps the preparation of any kind of מקולס שה was forbidden as well. See the version of the story involving Todos recorded in Tosef. Betzah 2:11 and Lieberman, Tosefta ki-Feshutah, 5, p. 959.) There was a dispute as to the proper manner of positioning the legs and entrails of the pesach sacrifice while it was being roasted. See M. Pesachim 7:1. The view of R. Akiva was that they are hung outside it. This perhaps sheds light on the meaning of the difficult term mekulas. Mekulas in Aramaic can be interpreted as wearing a helmet (see the similar word at Targum Pseudo-Jonathan to I Sam. 17:5). According to Rashi, comm. to Pes. 74a, when R. Akiva expressed the view that the legs and entrails were roasted outside the animal, he meant that they were placed above its head. This made the goat look like it was wearing a helmet. Mekulas would therefore be another way of describing the method of positioning according to R. Akiva. (Rashi elsewhere give a slightly different interpretation of how the term mekulas accords with the view of R. Akiva. See Rashi, comm. to Pes. 53a and Betzah 22b.) An alternative approach is to understand mekulas as meaning “beautiful” or “praised.” See, e.g., Rambam, comm. to Mishnah, Betzah, 2nd chap. The root קלס often has the meaning “to beautify” or “to praise” in rabbinic literature, derived from the Greek word καλος (beautiful). See also J. Gereboff, Rabbi Tarfon: The Tradition, the Man, and Early Rabbinic Judaism, p. 70, where two other Greek derivations for mekulas are suggested: καλως, an animal led on a string, and κολος, a hornless animal. Gereboff also cites S. Krauss for the view that χαυλος in Greek means “helmeted.” See also Tabory, p. 97, n. 248.[47] No reason is given in the Mishnah for the Sages’ prohibition. But in the response to Todos, a reason is given. If the practice of preparing a gedi mekulas is permitted, people will think that kodshim can be eaten outside of the azarah, because the practice was to refer to the gedi mekulas as if it were a pesach offering. Probably, Palestinian Jewry as well as Roman Jewry referred to the gedi mekulas as if it were a pesach offering. See below, n. 54.[48] There would be evidence of this if the custom referred to at M. Pesachim 4:4 is the custom to prepare and eat a gedi mekulas. [49] The Safrais (p. 28), for example, take this approach, as does Friedman (p. 92).[50] Some scholars argue that the custom being referred to in this Mishnah is simply the custom to prepare and eat a gedi mekulas. See, e.g., Safrai, pp. 27-28. But this is not the plain sense of the Mishnah.[51] Scholars who take this approach include G. Allon, The Jews in their Land in the Talmudic Age, pp. 264-65, and Goldschmidt, p. 12. In this approach, the roast question arose in connection with what was perhaps the practice of a large section of Jewry. By contrast, the custom to prepare a gedi mekulas may not have been a widespread custom. [52] A response to this would be that the roast question was phrased the way it was so it could be parallel to the matzah question, even though the phrasing did not exactly fit the concept of an optional commemorative practice.[53] There are those who suggest that the pesach sacrifice (and other sacrifices as well) continued after the churban (perhaps outside the makom ha-mikdash and without the permission of the Sages). See, e.g., J. Brand, “Korban Pesach le-Achar Churban Bayit Sheni,” Ha-Hed 12/6 (1937) and 13/7 (1938), and the references at D. Bleich, Contemporary Halakhic Problems, vol. 1, pp. 247-48. See also Tabory, Moadey Yisrael be-Tekufat ha-Mishnah ve-ha-Talmud, p. 99, n. 65.[54] For example, M. Pesachim 7:2 records a story in which Rabban Gamliel told his slave Tavi to go out and roast “the pesach” on the roasting tray. (The Rabban Gamliel who had a slave named Tavi was Rabban Gamliel of Yavneh. See Safrai, p. 28.) But this story can easily be interpreted as involving only the preparation of a gedi mekulas, post-churban, with the term “pesach” being used only loosely. For similar probable loose usages of the term “pesach,” see Tosef. Ohalot 3:9 and 18:18, and J. Talmud Meg. 1:11. See also Tabory, p. 100-101. The argument that the pesach sacrifice continued after the churban has also been made based on a passage in Josephus’ Antiquities. Josephus writes (II, 313): “to this day we keep this sacrifice in the same customary manner, calling the feast Pascha…” Josephus tells us (XX, 267) that he completed this work in the 13th year of the reign of Domitian (= 93-94 C.E). (The precise year that book II was written is unknown.) But Josephus was writing in Rome, not Palestine, and almost certainly all he meant is that the pesach sacrifice has been kept throughout the centuries through approximately his time. See also B. Bokser, The Origins of the Seder, p. 106. The historian Procopius, describing events in Palestine in the 6th century, wrote: [W]henever in their calendar Passover came before the Christian Easter, [Justinian] forbade the Jews to celebrate it on their proper day, to make then any sacrifices to God or perform any of their customs. Many of them were heavily fined by the magistrates for eating lamb at such times… In the late 4th or early 5th century, the church father Jerome wrote: Take any Jew you please who has been converted to Christianity, and you will see that he practices the rite of circumcision on his newborn son, keeps the Sabbath, abstains from forbidden food, and brings a lamb as an offering on the 14th of Nissan. See Secret History of Procopius, ed. R. Atwater, pp. 260-261 and S. Krauss, “The Jews in the Works of the Church Fathers,” JQR (OS) 6 (1893/1894), p. 237. But almost certainly, these passages are only referring to the practice of slaughtering a gedi mekulas. See Safrai, p. 30, n. 55. (Obviously, the references to “sacrifices” and “offering” in the above passages are only translations.)

See T. Rabinovitz, “Sefer ha-Maasim le-Vnei Eretz Yisrael:Seridim Hadashim,” Tarbitz 41 (1972), p. 284. Sefer ha-Maasim is a work whose purpose seems to have been to record decisions of halachah applicable in its time. Safrai p. 30, and Rabinovitz, p. 280.[55] Actually, the matter of the order of the chapters in Mishnah Pesachim is not so simple. Some manuscripts of the Talmud and commentaries by Rishonim follow an arrangement in which the tenth chapter follows the first four chapters. All these chapters together are called Masechet Pesach Rishon and the other chapters are called Masechet Pesach Sheni. R. Menachem Meiri writes that this alternative arrangement dates from the time of the Geonim or later. See Safrai, p. 19, n. 1. But some scholars, such as Shamma Friedman, believe that this alternative arrangement has a more ancient origin. See Friedman, p. 12, n. 5. If this alternative arrangement was the original arrangement, it is a mistake to view the tenth chapter as if it were the last of ten chapters.[56] Also, the names of the Sages included in the tenth chapter are: R. Tarfon, R. Akiva, R. Yose, R. Yishmael, Rabban Gamliel, and R. Eliezer b. R. Tzadok. (References to “Rabban Gamliel” in the Mishnah, without the description “ha-Zaken,” are almost always references to Rabban Gamliel of Yavneh. As to R. Eliezer b. R. Tzadok, he was active both before and after the churban.) M. Pesachim 10:6 records that R. Akiva included a prayer for the rebuilding of Jerusalem at his seder. The introductory statement ערבי פסחים סמוך למנחה לא יאכל אדם עד שתחשך and the detailed instructions governing the drinking of wine also give the impression of a chapter composed after the churban, detailing how an individual was obligated to conduct himself in his home. See Friedman, p. 409. Two arguments between Bet Hillel and Bet Shammai are also included in this chapter. In general, these reflect arguments from Temple times. But the author or editor of chapter 10 could simply have inserted this earlier material into a chapter composed after the churban. See Safrai, p. 19. Many printed editions of Mishnah 10:3 read: ובמקדש היו מביאין לפניו גופו של פסח. But היו is a later addition. (See Safrai, p. 25 and Friedman, pp. 89 and 430.) Some have argued that the absence of היו provides a basis for dating this section of the Mishnah, and by implication, the rest of the chapter, to Temple times. In this interpretation, the Mishnah first states the practice in the גבולין in its time (…הביאו לפניו), and then continues with the practice in theמקדש in its time (…ובמקדש מביאין). But as Safrai (p. 25) and Friedman (pp. 89, 430-32 and 438) point out, such an interpretation is very unlikely, and the addition of היו does not change the meaning of the phrase but correctly clarifies the original meaning. The debate about whether the tenth chapter was composed before or after the churban is summarized nicely by Friedman (see, e.g., pp. 88-92, 430-432, and 437-38). Friedman strongly advocates the position that the chapter was composed after the churban.[57] With regard to why these particular chapters were chosen, see above, n. 55.[58] The precise relationship between the Mishnah and the Tosefta has always been an issue. See, e.g., the entry “Tosefta” in the original Encyclopaedia Judaica and the revised entry in the new edition.[59] Steiner, pp. 26, and 33-36. Steiner suggests that we should read this statement elliptically as if it includes the words לשאל after בבן דעת אין, and again after מלמדו אביו.[60] See EJ 10:354 and S. Friedman, le-Ofiyyan shel ha-Beraitot be-Talmud ha-Bavli: Ben Tema u-Ben Dortai, in Netiot le-David: Sefer ha-Yovel le-David Halivni, pp. 248-255.[61] But see Tos., s.v. כולו.[62] Many authorities seem to disregard the statement of R. Hisda. For example, the Rif writes that the chagigah is to be commemorated at the seder by an item that is mevushal. Yet he implies in a different passage that the roast question was a normative question during Temple times. Similarly, the Rambam does not follow the position of Ben Tema (see Hilchot Karban Pesach 10:13), but at the same time, he includes the roast question in his list of mah nishtannah from Temple times. See Hilchot Chametz u-Matzah 8:2 (and Lechem Mishneh there). Note that R. Joseph Caro, OH 473, takes the position that the egg that commemorates the chagigah should be מבושלת. Compare Tos. Pes. 114b, s.v. שני (the halachah follows Ben Tema), and R. Moses Isserles, OH 473 (the egg that commemorates the chagigah must be roasted). Friedman, in his Tosefta Atikta: Masechet Pesach Rishon (2002), pp. 91-92, accepts the essence of the interpretation of R. Hisda, but believes that the roast question must have been composed in accordance with a majority view. This leads him to conclude that the roast question must have been composed after the churban. (In Temple times, a chagigah offering was brought, and according to the majority view, it was not roasted. Since the roast question includes the phrase הלילה הזה כולו צלי, it could not have been composed in accordance with the majority view in Temple times.) In a later article, le-Ofiyyan shel ha-Beraitot be-Talmud ha-Bavli: Ben Tema u-Ben Dortai, pp. 195-274, in Netiot le-David: Sefer ha-Yovel le-David Halivni (2004), Friedman discusses the Ben Tema passage extensively, and takes a different approach.

One of the more interesting customs for Pesach in that of refraining from kitniyot. There is much discussion regarding the origins of this mysterious custom.  That is, the exact time this custom began, as well as it initial rationale is cloaked in mystery. That is not to say that numerous reasons haven’t been offered, only that we probably will never know for certain why this was enacted.  Moreover, what exactly is encompassed in this custom is similarly cloaked in mystery.  We have food items running the gamut.  Aside from the standard fare of rice, we have those prohibiting such seemingly odd foods as garlic and carrots.  Thus, it should come as no surprise that many have included foods that there is no legitimate reason for doing so. Indeed, as we shall see, in some instances the foods in question are prohibited although it is clear that the persons prohibiting them have no idea what exactly the foods are.  This hearkens to the idea espoused by Dr. Daniel Sperber, discussed in this article, and expanded upon in this book, that if one understanding of history, bibliography and other relevant areas is lacking this may lead one to make grievous errors in halakhic matters. In this post we will deal with two foods, both of which were prohibited under the rubric of kitniyot, and, apparently, those who made these decisions were unaware of the actual characteristics of the foods in question.  The two items we shall deal with are coffee and cannabis (hemp, hemp seed, and marijuana). [Our discussion below is with the recognition that one must always comply with all relevant federal and state laws and we limit our discussion to what position Jewish law takes regarding this topic.]

Coffee was introduced to Western Europe in the 17th century. [See David Liss’s excellent fictionalized account of the burgeoning coffee trade in Jewish Amsterdam, The Coffee Trader. (Avner Gold has an Artscroll book, A Scandal in Amsterdam, that uses much of the same material, one wonders if it was “influenced” by Liss’s book.)]  With its introduction, some rabbis began dealing with its halakhic status, which blessing is required and, as relevant here, whether it is permissible on Passover.  R. Ya’akov Reischer (1670-1733), in his Shevut Ya’akov (vol. 2 no. 5), deals with both these questions.  Regarding the first, he holds a shehakol is the correct blessing.  Regarding the issue of Passover, he permits coffee.  He is skeptical that coffee would be considered kitniyot because “he has been told” that coffee is grown on trees, and whatever one may think about the scope of kitniyot, it does not encompass tree fruits.  But, R. Reischer hedges a bit and notes that even if coffee would be deemed kitniyot, as coffee is roasted, or, as he refers to it “burnt prior to Passover” this renders coffee unfit for even a dog and permissible on Passover.

R. Yosef b. David of Breslau, in Hok Yosef (no. 457, first published in 1730), however, disagrees.  He first questions the argument regarding roasting or burning the beans and notes that the roasting process is an integral part of coffee process.  More fundamentally, he argues that indeed coffee is kitniyot. He notes that his father-in-law, R. Abraham Broda, similarly held that coffee is kitniyot and prohibited.

R. Hayyim Yosef David Azulai (HIDA), disputes this holding in very strong terms.  HIDA explains (Shu”t Tov Eyin, no. 8) that these rabbis “should be forgiven [for holding coffee is prohibited as kitniyot] because coffee is the fruit of a tree.”  Regarding this classification HIDA is not speaking from second hand accounts like R. Reischer, rather HIDA notes that “a few years ago I saw a coffee tree in Amsterdam in the botanical gardens, as well as in Pisa and thus there is no reason to be strict regarding coffee.”  HIDA in his travelogue describes in detail his visit to the Amsterdam botanical gardens, Hortus Medicus. On the 18th of Iyar, 1778, in the afternoon,  HIDA went to the gardens. He says “that these gardens are truly indescribable they are so beautiful, all the plants and grasses are in rows, and everything is so clean, it is a testament to human intelligence.  Every plant is labeled. There are plants from America, Portugal and Turkey all in rows according their nationalities.  The wall have holes where fires can be lit to control the temperature of the gardens and ensure that the plants can survive even in the cold climate of Amsterdam.  Among the plants I saw was the coffee plant.”  (Ma’agel Tov ha-Shalem p. 150-51 ) While HIDA is unwilling to accede that these rabbis were completely unaware that coffee is tree fruit, it begs the question what those who prohibit coffee were thinking in considering coffee kitniyot.

It is not only those who prohibit coffee who seem to be unaware of exactly what they are discussing.  More recently, R. Yitzhak Isa’ak Weiss (1875-1944), one of the Spinka Rebbis, discusses “two” types of coffee, one grown on trees and the other grown “in gardens.”  He ultimately holds that both types of coffee are permitted, but the issue is that coffee always grows on tress.  There are two major types of coffee, arabica and robusta, both of which grow on trees.  Perhaps what R. Weiss is discussing is another type of coffee – one that was commonly substituted for coffee – but is not in fact coffee.  The common substitute, which has its own history and own halakhic issues, is chicory. [See. R. Y. Goldhaver’s excellent articles regarding chicory and its treatment under Jewish law in Yeshurun 19:792-834, 20:839-864] Chicory is indeed a bush and not a tree and perhaps is what R. Weiss is discussing.

Today, for most (with Passover, one can almost always find a group that prohibits something) coffee is not deemed kitniyot and is Kosher for Passover.  Indeed, one of the more common haggadot is the one produced by the Maxwell House Coffee company. (For more on the Maxwell House haggadah see our  post, “On The Maxwell House Haggadah.”)  One scholar has commented on this phenomenon: “As always, entrepreneurs, Jewish and otherwise, capitalized on wives’ and mothers’ desires to have just the right foods on the table for Passover, that longest standing of traditions.  Maxwell House coffee, reportedly, caused a stir at many seder meals when it introduced a new ‘tradition’ of drinking coffee rather than tea at the end of the sumptuous holiday banquet. A decade or so later, the company would print its own Haggadah to insure a ‘unique relationship between a product and a people.” (Jeffrey S. Gurock, Orthodox Jews in America (Bloomington: Indiana University Press, 2009), p. 151.) Maxwell House even advertised in Yiddish in HaPardes: [Thanks to M. Butler for these two sources.]

In 2007, the Green Party in Israel made headlines in coming out that Ashkenzim should not smoke marijuana on Passover.  There were articles from the Jerusalem Post on the topic as well as other publications.  Most are notable only in that how poor they are in substance.  Indeed, another recent example can be found here.  Although from reading these articles one may get the sense that rabbis haven’t discussed the marijuana, indeed there is at least one responsa on cannabis, the plant from which marijuana is derived, and its status on Passover.

R. Yitzhak Ya’akov Weiss (1902-1989), in Shu”t Minhat Yitzhak (vol. 3 no. 138(b)), discusses cannabis on Passover.  Specifically, he is dealing with two foods, cannabis and cotton-seed oil, but we will focus on cannabis. Prior to engaging in this discussion we should note that the cannabis plant produces three things: (1) hemp which is fibrous and can be used to make clothing, and was commonly used to make strong rope; (2) hemp seed, which is used in food and in some homeopathic remedies; and (3) as a narcotic referred to as marijuana. [See also Y. Felix, Marot ha-Mishna, Jerusalem: 1977, p. 131; and Z. Amar, “Hashish and the Hashishim in Eretz Yisrael and Syria During the Medieval Period,” in Ariel 120 (1997), pp. 277-282 (he discusses, among other topics the band of assassins that are associated with the narcotic).]  R. Weiss first notes that cannabis shouldn’t be questionable at all for Passover as Rambam, in the laws of prohibited mixing of seeds, labels cannabis as a vegetable and not kitniyot.  However, R. Weiss points out that there is an internal problem with the Rambam, one that many of commentaries on Rambam have dealt with, but not to R. Weiss’s satisfaction. It should be noted that one commentary, Radbaz (1479-1589 or 1463-1573), in his discussion of this issue makes it apparent that he is aware of cannabis’s narcotic use.  He explains that “in Egypt they eat [smoke?] cannabis and become high and those who do report that it makes them very happy . . . in other places they use cannabis to make clothing like linen.” Returning to the conflict in Rambam, R. Weiss’s solution is that there is no conflict and instead Rambam is referring to two distinct plants both of which are called cannabis.  He arrives at this conclusion by noting that cannabis is defined differently.  Some define cannabis as a fiber and others refer to it as a food item.  Thus, he concludes that there must be two different plants which share the same name.  This conclusions is of course wrong.  There are not two distinct plants but a single plant that has a variety of uses.  [Additionally, it should be noted that R. Weiss “proves” his point by referencing a Mishna that contains nikkudot.  He doesn’t identify which edition he is referring to – Kehati or some other, but using such a source is highly questionable. The Kaufmann Mishna, one of the oldest examples of a nikkud mishna doesn’t contain both mentions of cannabis in the Mishna and therefore it is impossible to determine if the nikkud follows that advocated by R. Weiss.]

R. Weiss, based upon his non-existent two plant types, concludes that hemp would be included in the prohibition of kitniyot. In so doing, R. Weiss provides yet another example of someone incorrectly categorizing a food based on lack of knowledge of the plant itself. In all events, this responsum of R. Weiss, even though it is incorrect, is not referred to in any of the above cited articles.  Indeed, the Star-K reaches the opposite conclusion and lists hemp and hemp seed as permitted on Passover (so long as one ensures there are no errant grains mixed in). Thus, it appears that marijuana would equally be deemed non-kitniyot.

Even if one accepts that marijuana is kitniyot, there is another reason that smoking it on Passover would be permitted.  This is so as R. Ya’akov Emden, (Mor u-Kitziya no. 511) discusses using tobacco on Passover where there is a fear that the tobacco may have been soaked in beer.  R. Emden explains that using such tobacco poses no problem on Passover for many reasons.  In fact, he is so sure that such tobacco is permitted he “would have announced that Jew can affirmatively soak his tobacco in beer prior to Passover, but for the fact that am haratzim would view this as wrong.” [In part this sweeping permission is due to the fact that tobacco is inedible and thus immediately after the beer is mixed in it is no longer edible.]  R. Emden concludes that he “remembers that his father [R. Tzvi Ashkenzi, Hakham Tzvi] used to laugh at those who displayed piety (mit-hassdim) and purchased Kosher for Passover tobacco.”  R. Emden’s rationale applies with equal force to marijuana.  In particular, R. Emden explains that smoking is merely deriving benefit and not considered ingesting the item in question.  This is so even if one derives benefit through one’s mouth.  R. Emden goes further to allow one to use snuff where one is partially ingesting the tobacco.  Thus, according to R. Emden, smoking something that contains hametz (beer) is not a problem, surely something that is kitniyot would pose no problem. Therefore, presuming one is smoking marijuana, this would be allowed on Passover even according to those who consider it kitniyot.

What is particularly surprising is that if one is resorting to Jewish law to determine the status of marijuana, this question is not limited to Passover.  Indeed, irrespective of marijuana’s status vis-à-vis Passover, various Rabbis have opined that using marijuana is always prohibited. For example, R. Moshe Feinstein (Shu”t Iggerot Moshe, Y”D vol. 3, no. 35) was asked about “the Yeshiva bochorim that have begun to smoke hashish (marijuana)” and if this is permissible.  R. Feinstein replies unequivocally that according to Jewish law the practice is prohibited. Similarly, R. Shlomo Zalman Auerbach prohibits the use of marijuana.  (Nishmat Avraham, O”H no. 155, no. 4)  He also deals with the issue of if one is under the influence what is their halakhic status. (Shulchan Shelmo, Refuah, vol. 2, p. 223).

Israel Ta-Shma, “Prohibition of Kitniyot on Pesach,” Early Franco-German Ritual and Custom (Jerusalem: Hebrew University Magnes Press, 1992), p.271-282 (Hebrew)

R. Shlomo Yosef Zevin, Ha-Mo’adim be-Halakha, pp. 305-312

Simcha Emanuel, Deroshot ha-Rokeach le-Pesach, Mossad Bialik, pp. 51-53 (reviewed here)
Shut Beis Mordecai (Fogelman) #23
R.Yakov Chaim Sofer, Menuchas Sholom 7, 93-99, Menuchas Sholom, 8, p. 219-230
Minhag Avotenu be-Yadnu, 2, Chapter 20

There is also a chapter on kitniyot in Mo’adim le-Simcha although there are some inaccuracies contained therein.  Additionally, some of those inaccuaries are the same that appear in the early article in Minhag Yisrael Torah vol. 2 no. 457, thus providing yet another example of plagiarism on the Mo’adim le-Simcha‘s part.