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Why kashrut authority has relaxed rules for Pesach supplies in lockdown

Rabbi Jeremy Conway explains the history behind the ‘leniencies’ this year on Passover items

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In the fifteenth century, sugar was cultivated for large-scale refinement for the first time. Interestingly, it caused a problem for Jews at Pesach due to its possible adulteration with flour.

The Maharil (Rabbi Yaakov ben Moshe Levi Moelin, 1365-1427), the pre-eminent Ashkenazi halachic authority, ruled that processed foods require special Pesach supervision. Shulchan Aruch, the Code of Jewish Law, records his ruling prohibiting the use of non-supervised sugar on Pesach. Today the concerns would be the use of cornflour as a free-flow agent in icing sugar, or chametz-derivatives used as process aids in the refining process.

This challenge applies similarly to many other staples we consider to be quite basic, such as tea, coffee and salt. Earl Grey tea could contain glucose or maltodextrin of chametz origin in the Bergamot flavour. To decaffeinate tea and coffee, ethyl acetate is often used which can be derived from wheat. Salt has anti-caking agents added.

Highly processed foods are more complex still. A key ingredient in cola drinks is caramel, commonly produced from wheat, making regular cola chametz. Kosher l’Pesach cola will use a specially produced pesach caramel made from invert sugar.

KLBD has worked with leading manufactures to ensure that several key ‘regular’ products are kosher l’Pesach. This is a great breakthrough. Saxa salt, Tate & Lyle granulated sugar, Yorkshire Tea and many Nescafé products can now be enjoyed all year round and on Pesach too, even without bearing a kosher l’Pesach seal.

The prohibition in the Torah against eating chametz is very severe, much more so than most other kashrut prohibitions. Only consuming blood or chelev, the fat commonly found in the hindquarter, is subject to the same severity. In addition, we are forbidden to own or benefit from chametz  so we clean our homes, sell and destroy leftover chametz and buy only foods made under Pesach supervision.

But in this Covid lockdown year, we know some members of the community cannot access kosher shops or have food delivered. In Jewish law in general, there is an established concept of l’chatchila and b’diavad. L’chatchila is the right way of doing something in the first instance. B’diavad sometimes allows for a “lesser” option when the optimum is not feasible.

In this context, l’chatchila would involve only eating foods produced under Pesach supervision. B’diavad, there is room to be more lenient if people don’t have access to fully-supervised products.

Once again this year, the pandemic has forced us to produce a list of unsupervised “regular”products that could be used, “in extremis”. We hope the list won’t be needed as much this year given wider access to kosher l’Pesach food. Next year may we celebrate Pesach in good health without any need for b’diavad guidelines. L’shana haba’a biyrushalayim.

 

Rabbi Jeremy Conway is the director of KLBD, the Kashrut Division of the London Beth Din

 

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