Torah Riddle #242

Question: what would be the reason why kitniyos is muktza on Yom tov and Shabbos of Pesach in a community which has no sfardim and are far away from any sfardim? Background:

1. The Mishna Berura (308:52:169-170) says that which is muktzah for the wealthy is muktzah, and even the poor cannot carry them. That means that which is owned by the wealthy, which is a size less that 3 tefachim × 3 tefachim is normally considered absolutely useless to the rich person, like a rag (a rope would not count) so he takes it out of his mind and is muktzah on Shabbos for everyone.

2. Vice versa, anything less than 3×3 in a poor person house is not considered muktzah even for a wealthy person since it’s owned by the pauper and he has a use for it.

3. When it comes to prohibitions, the fact that you own it and deem it useless for you does not make it muktzah, for example if you swear never to eat bread, bread is not muktzah because you can still handle it and give it out to others.

4. The Rema (612:10) poskins that one may handle food on Yom Kippur in order to give to children. But Rav Elyashiv poskins that if one is on an army base far away from any settlement then food is muktzah on Yom Kippur.

Answer: Because there are no Sfardim around in your community on Pesach then kitniyos should be muktzah since they are taken out of your mind and useless like food on the army base on Yom Kippur, though Rav Elyashiv in general holds kitniyos is not muktzah on pesach. (See Dirshu footnote 179 in siman 308.)