Marc B. Shapiro – Clarifications of Previous Posts

Clarifications of Previous Posts by Marc B. Shapiro [The footnote numbers reflects the fact this is a continuation of this earlier post.]

1. I was asked to expand a bit on how I know that R. Barukh Epstein’s story with Rayna Batya is contrived. In this story we see her great love of study and her difficulty in accepting a woman’s role in . Certainly, she must have been a very special woman, and I assume that she was, for a woman, quite learned. When Mekor Barukh was published there were still plenty of people alive who had known her and it would have been impossible to entirely fabricate her personality. The same can be said about Epstein’s report of the Netziv reading newspapers on . This is not the sort of thing that could be made up. Let’s not forget that the Netziv’s widow, son (R. Meir Bar-Ilan) and many other family members and close students were alive, and Epstein knew that they would not have permitted any improper portrayal. It is when recording private conversations that one must always be wary of what Epstein reports.

A good deal has been written about the Rayna Batya story, and Dr. Don Seeman has referred to it as “the only record which has been preserved of a woman’s daily interactions with her male interlocutor over several months.”[15] When challenged about the historical accuracy of Epstein’s recollections, Seeman replied “that there is no evidence to indicate that R. Epstein invented these episodes out of whole cloth.”[16]

I will therefore explain how I concluded that the story is fictional. Let’s begin with the well-attested fact that Epstein was a plagiarizer. My assumption is that when dealing with someone who is not a reputable scholar, one must be very suspicious of what he or she writes when there is no outside evidence to back it up. In fact, when the Torah Temimah first appeared, the editor of this work published a booklet, Sihah Temimah, accusing Epstein of fraudulent behavior.[17] Here are the first few pages of this booklet. A central feature of his dialogue with Rayna Batya is her producing the book Ma’ayan Ganim by R. Samuel Archivolti. Here it states that mature women who have a desire to study Torah are to be encouraged (Mekor Barukh, p. 1962). Epstein, a young teenager, then attempts to refute her by arguing that the passage from Ma’ayan Ganim is not halakhic, but rather divrei melitzah. The whole dialogue, and in particular the part about her discovering the winning passage in Archivolti, is contrived and designed to lead the reader to sympathize with the fate of the poor woman.

In his Torah Temimah (Deut. ch. 11 n. 68) he cites the passage from Ma’ayan Ganim that as a teenager he supposedly argued against. Anyone reading Torah Temimah would assume that Ma’ayan Ganim is a regular halakhic work, as Epstein refers to it as She’elot u-Teshuvot.[18]

Although at the end of the passage he says that he doesn’t know who the author is, and that Yom Tov calls him a grammarian, I believe that this is all part of the literary game he is playing. In other words, he wants to publicize Archivolti’s view, and then to “cover” himself cites Tosafot Yom Tov. In Mekor Barukh, after telling his story, he points out that Archivolti was also a great talmudist and that the only reason the Tosafot Yom Tov refers to him as a medakdek was because he was referring to him in his youth.[19]

Dan Rabinowitz, in his discussion of the issue, writes:

The entire famous Rayna Batya incident must now be called into serious question. Was Rayna Batya so ignorant as to confuse Ma’ayan Gannim with a legitimate book of ? How, then, do we reconcile this with her supposed profound learning? It cannot be that R. Epstein was unable to recognize the Ma’ayan Gannim for what it was, for he himself writes that he told his aunt of the true nature of Ma’ayan Gannim. But if he did know what it was, how is it that in his Torah Temima he refers to Ma’ayan Gannim as responsa—and yet in the same paragraph in the Torah Temima he seems to backtrack and wonder how it is that the Ma’ayan Gannim could innovate “new laws about women with reason alone?” The entire Rayna Batya episode is a highly problematic one, raising one perplexing question after another.[20]

As far as the first few questions are concerned, I can only say that the entire report of Rayna Batya discovering the relevant text in Ma’ayan Ganim was made up by Epstein. This book, which was published in Venice in 1553, is an extremely rare volume. There would have only been a few copies of this book in all of Lithuania. (In Torah Temimah Epstein also says that it is a rare book.) It is therefore impossible to imagine that the rebbetzin, sitting in Volozhin, would just so happen to come across this volume on her husband’s bookshelf. Of this, there can be no doubt, and I assumed that Epstein, who was a great bibliophile, later in life came across the book and in his desire to publicize its contents, created the dialogue with Rayna Batya.

Yet thanks to R. Yehoshua Mondshine’s recent article,[21] I see that I was mistaken in my assumption. The truth is that Epstein never even saw the book and thus did not know the true nature of Ma’ayan Ganim. He learnt of the relevant passage, which he places in Rayna Batya’s mouth, from an article that appeared in Ha-Tzefirah in 1894. We see this from the fact that the Ha-Tzefirah quotation mistakenly omits some words, and the same words are omitted in Mekor Barukh. This shows that his knowledge of this book came in 1894 and that he never discussed it with Rayna Batya, who died many years prior to this.

Now that we know where Epstein copied the text from, we can see another element of the literary game he played. He cites Ma’ayan Ganim as follows: ומאמר חכמינו כל המלמד את בתו תורה כאלו מלמדה תפלות אולי נאמר .כשהאב מלמדה בקטנותה Yet in Ha-Tzefirah it states: מאמר רבותינו ז”ל כל המלמד בתו תורה כאלו מלמדה תפלות אינה צריכה לפנים דאיתתא חזינא ותיובתא לא חזינא כי אפשר לחלק שחכמים ז”ל לא .דברו אלא כשהאב מלמדה בקטנותה אולי Leaving aside the words Epstein omits, he has substituted .In doing so he softened Archivolti’s point .אפשר לחלק for Whereas Archivolti was stating that one can distinguish between teaching a grown woman and a small girl, Epstein has Archivolti prefacing this idea with “perhaps”. I think this is part of Epstein’s confusing game. He wants to bring this view to the public’s attention, but he doesn’t want to come off as ,which is his own creation ,אולי too radical. In fact, this assumes a life of its own. Thus, in his letter to R. Hayyim Hirschensohn (Malki ba-Kodesh, vol. 6, p. 47), criticizing the latter’s view of teaching women Torah, Epstein writes:

צר לי כי לא אוכל להסכים עמו בזה הן הוא (הרש”ק בעל המכתב הידוע) אינו בטוח בעצמו בדבריו אלה, כנראה מלשונו שכתב “ומאמר חכמינו כל המלמד את בתו תורה וכו’ ‘אולי’ נאמר כשהאב מלמדה בקטנותה” וכו’ ועתה הגע עצמך האם בסברא “פן ואולי” אפשר להתיר מה שנאמר בגמרא מפורש לאיסור. כך דעתי בזה. and inserts it אולי In other words, Epstein invents the word into Archivolti’s letter, and then he uses this to criticize Hirschensohn! The chutzpah on Epstein’s part is astonishing, but as I see it this is all part of his game. No one who has discussed Epstein and Rayna Batya was aware of his letter to Hirschensohn, so they could not point out the following obvious fact: When one looks at Mekor Barukh, which was published after his letter to Hirschensohn, one finds him telling Rayna Batya the exact same thing. It is obvious that he uses the language in his letter to Hirschensohn to create the following reply to Rayna Batya, that supposedly occurred some fifty years prior. והן המחבר בעצמו כמו ‘מודה במקצת’ בזה, באמרו: ‘ומאמר חכמינו’ כל המלמד את בתו תורה כאלו מלמדה תפלות ‘אולי נאמר כשמלמדה בקטנותה’; הרי שבעצמו אינו בטוח בדבריו, וכהוראת הלשון ‘אולי’ .ולא ב”אולי” ולא ב”פן” מתירים מה שנאמר מפורש בתלמוד (It is possible that I am wrong in assuming that it was his positive view towards women studying Torah which explains why he created the story and cited Ma’ayan Ganim. Perhaps he was simply attempting to create a good story, or even some controversy, and that explains why he seems to be on both sides of the issue, as Dan Rabinowitz points out in the passage cited above.)

Here are the relevant pages in Ma’ayan Ganim, Ha-Tzefirah,

Mekor Barukh, and Torah Temimah.

I know that there are people who are very upset at me, believing that I have given ammunition to those who chose to censor and withdraw My Uncle the Netziv. I make no apologies. We must combat falsehoods and plagiarism no matter where they emanate from. If, in the process, some of our own sacred cows are slaughtered, that is the price we must pay. Returning to Mondshine, he is most concerned with the supposed dialogue between Epstein’s father, R. Yehiel Michel (the author of the Arukh ha-Shulhan), and the Tzemach Tzedek, R. Menachem Mendel . He sees it as an opportunity for Epstein to put all sorts of ideas, including criticisms of Hasidism, into the mouth of the great hasidic leader, something that if he did on his own would have brought down storms of criticism upon him. For example, he has the Tzemach Tzedek say that the hasidim have to be grateful for the opposition of the Vilna Gaon. Had it not been for the great dispute about Hasidism, and the Gaon’s strident opposition, the new movement might have led its followers out of the ranks of halakhic Judaism. (p. 1237). This idea was expressed by R. Kook (Ma’amrei ha-Re’iyah, p. 7) and was probably a common non-hasidic notion. But it is impossible to think that the Tzemach Tzedek would have ever expressed himself this way.

At the time that R. Yehiel Michel is said to have had his conversations with the Tzemach Tzedek, he was the of the Habad town Novozypkov.[22] In later years R. Abraham Chen and R. served as of the town.[23] I know about this place because my grandmother’s second husband (who was like a grandfather to me) was from there. In fact, during World War One word came to the town that a certain group of was being moved and would be passing through, and that among them was an outstanding young scholar named Shlomo Yosef Zevin. The townspeople came up with the necessary money to remove him from the group. He was chosen as the town’s and lived in my step-grandfather’s house for about six months. I read somewhere that the townspeople were followers of Kopys/Bobruisk, rather than Lubavitch. As R. Zevin was himself a Bobruisker, this would make sense. R. Yehiel Michel was himself born in Bobruisk, as was his son R. Baruch.

I always tell this story to Habad people in order to impress them with my yichus, that the great R. Zevin lived in my family’s house. Yet on two separate occasions after I told the story to young Habad shluchim, they replied, “Who is Rav Zevin?” It is also very rare to find a young Habadnik who has even heard of /Bobruisk. Yet without knowing about this it is impossible to understand how R. Zevin could have been a Zionist when the Lubavitcher were all anti-Zionist. After all, who ever heard of a hasid not following his ? The answer is that all Lubavitchers were Habad, but not all adherents of Habad were Lubavitch. The ignorance among some in Habad of their own movement probably shouldn’t surprise me, as I have met many hasidim who don’t have a clue about the history of the hasidic movement. And of course, how many Modern Orthodox know the first thing about Hirsch and Hildesheimer?

Mondshine assumes that one of the purposes of Epstein’s stories about his father and the Tzemach Tzedek is to build up his father’s halakhic reputation. His pesakim were subject to attack as being too liberal, and certainly in the hasidic world he was not accepted. In the Lithuanian world he was a much more important posek, and R. Joseph Elijah Henkin stated that in a dispute between the Mishneh Berurah and the Arukh ha-Shulhan, the Arukh ha-Shulhan is to be preferred.[24]

Yet many did not share R. Henkin’s viewpoint. A number of years ago I saw in one of R. Yitzhak Ratsaby’s books that he heard from some gedolim that one should not rely on the Arukh ha-Shulhan. I wrote to him objecting to this lack of respect for the Arukh ha-Shulhan, and also expressing my near certainty that the gedolim he referred to must have been Hungarian, for the Hungarian poskim never accepted the Arukh ha-Shulhan as an authoritative work. On Nov. 22, 1990, Ratsaby wrote to me: בענין הגאון בעל ערוך השולחן, דוקא הדברים נובעים מליטא, והנני מפרש, הגר”י כהנמן זצ”ל מפוניביז’ (כמדומני שלמד בעצמו יחד עם הערוה”ש) והגר”ח גרינמן שליט”א בן אחותו של החזו”א. זכורני אמנם באגרות משה במקום אחד כתב על ערוה”ש כבר הורה זקן, ובמקום אחר דוחה דבריו. נראה לענ”ד אמנם שבעל ערוה”ש מחדש הרבה סברות ובזה כחו גדול, מאידך בעל משנ”ב מעמיק בעיון היטב הדק. והאמת ניתנה להיאמר שבהרבה מקומות בערוה”ש ראיתי דברים מתמיהים והיפך כוונת הדברים, וכבר הערתי עליו בדרך כלל במקומות שעסקתי בהם בחבורי הנדפסים. ופוק חזי שבישיבות לומדים בקביעות ההלכה מספר משנ”ב, וגם כמעט אין בית היום אשר אין שם משנ”ב. והחזו”א אעפ”י שחולק בהרבה מקומות על המשנ”ב, מ”מ החשיב אותו כהוראה מפי הסנהדרין .ומנה אותו בנשימה אחת עם מרן הב”י והמג”א (Ratsaby’s recollection is correct. In Iggerot Moshe, Orah Hayyim vol. 1 no. 39, which is his famous responsum on the proper height of a mehitzah, R. Moshe quotes the Arukh ha- .Regarding R .כבר הורה זקן Shulhan and uses the expression Joseph Kahaneman, he actually received from R. Yehiel Michel.)

The reputation of the Arukh ha-Shulhan has today fallen to such an extent that in a recent publication of the work the rulings of the Mishneh Berurah are included as well. The message of this is that while the Arukh ha-Shulhan is a Torah volume that should be studied, in terms of practical pesak it is the Mishnah Berurah that must be followed. See here for an earlier discussion at the Seforim blog of the recent reprint of the Arukh ha-Shulhan.

2. I was asked if there are any medieval poems in which there is explicit homosexuality. I am unaware of any, and it is precisely because they are ambiguous that there has been controversy about their meanings. This poem by Moses Ibn Ezra is as explicit as I could find תאות לבבי ומחמד עיני

עופר לצדי וכוס בימיני

רבו מריבי ולא אשמעם

בוא הצבי, ואני אכניעם

וזמן יכלם ומות ירעם בוא, הצבי, קום והבריאני

מצוף שפתך והשביעני

למה יניאון לבבי, למה

אם בעבור חטא ובגלל אשמה

אשגה ביפיך אד-ני שמה

אל יט לבבך בניב מענני

איש מעקשים, ובוא נסני

נפתה, וקמנו אלי בית אמו

ויט לעול סבלי את שכמו

לילה ויומם אני רק עמו

אפשט בגדיו ויפשיטני

אינק שפתיו וייניקני

כאשר לבבי בעיניו נפקד

גם עול פשעי בידו נשקד

דרש תנואות ואפו פקד

צעק באף, רב לך, עזבני

אל תהדפני ואל תתעני

אל תנף בי, צבי, עד כלה

הפלא רצונך, ידידי, הפלא

ונשק ידידך וחפצו מלא

אם יש בנפשך חיות, חיני או חפצך להרג, הרגני

Desire of my heart and delight of my eyes –

A fawn beside me and a cup in my hand!

Many admonish me, but I do not heed;

Come, O gazelle, and I will subdue them. Time will destroy them and death shepherd them. Come, O gazelle, rise and feed me With the honey of your lips, and satisfy me. Why do they hold back my heart, why? If because of sin and guilt, I will be ravished by your beauty – God is there! Pay no attention to the words of my oppressor, A perverse man – come and try me! He was enticed and we went up to his mother’s house, And he gave his shoulder to my burden. Night and day I was only with him. I undressed him, and he undressed me; I sucked his lips and he sucked mine. When I left my heart as a pledge in his eyes, The burden of my guilt was also weighted in his hand. He sought enmity, and inflicted his anger, And angrily cried, “Enough; leave me! Do not force me, and do not entice me.” Do not be angry with me, gazelle, to destruction – Extraordinary is your will, my dear, extraordinary! Kiss your beloved and fulfill his desire. If it is in your soul to give life, revive me – Or if your desire is to kill, kill me![25]

3. When dealing with problematic texts of recent times, the preferred approach is simply to censor them. But with the medievals, there is a simpler method: Say that the text was written by a mistaken student, or even worse, by someone interested in undermining Judaism. In a previous post I mentioned that R. Joseph Zvi Duenner even stated so with regard to the itself.[26]

Since in modern times we don’t generally have students copying their master’s handwritten texts, the first approach doesn’t make much sense. Yet in a previous post at the Seforim blog,[27] I noted that R. Menasheh Klein used this very argument with regard to R. Moshe Feinstein, even though he was dealing with a responsum published in R. Moshe’s own lifetime. I found another example where Klein uses this exact same approach. He saw something in one of the Steipler’s books, but since it didn’t make sense to him, Klein wrote to the Steipler as follows (Mishneh Halakhot, vol. 7, p. 142a): היות כי אני מכיר את מעכ”ק וצדקתו נגמר בדעתי שבודאי לא יצאו דברים מפי כ”ק או שיש שם איזה טעות בדפוס מהבחור הזעצער וטעה .מעתיק ולא שם על לב כ”ק However, here I don’t think Klein should be taken literally. I believe this was just his respectful way of saying that the Steipler was wrong. This is not the case with regard to R. Ovadiah Yosef when he writes that one cannot rely on the responsa in R. Ben Zion Abba Shaul’s Or le-Tziyon, vol. 2.[28] Even though R. Ben Zion was alive, R. Ovadiah claimed that he was powerless to stop his students from taking liberties with Not .הוסיפו וגרעו כפי שעלה בדעתם, וסברו שכן דעת רבם :the book surprisingly, one of R. Ben Zion’s students responded very strongly to this statement.[29]

Prof. Yaakov Spiegel, in his book Amudim be-Toldot ha-Sefer ha-Ivri: Ketivah ve-Ha’atakah, pp. 244ff., discusses the phenomenon of denying the authenticity of responsa. Sometimes the strategy used to reject a responsum is to attribute it to an “erring student.” While on occasion there are scholarly reasons for this assumption, it is almost always the case that the author simply cannot accept that an earlier authority said something. Usually this has to do with halakhah, but there are plenty of examples in theology. For example, R. Issachar Baer Eylenburg assumes that while resurrection is a principle of faith, one is not obligated to believe that this doctrine is found in the Torah. As he puts it (Be’er Sheva to Sanhedrin 90a). מי שמודה ומאמין על פי הקבלה בתחית המתים אע”פ שהוא אומר דלא .רמיזא באורייתא אין ראוי לקראו כופר חלילה ויש לו חלק לעוה”ב Although the Mishnah, Sanhedrin 10:1, includes the point that one must believe that resurrection is found in the Torah, Eylenburg assumes that this is a textual error, and indeed, Rambam never mentions this. However, had this text and explains: שכופר במדרשים דדרשינן בגמרא לקמן מנין לתחיית המתים מן התורה ואפילו יהא מודה ומאמין שיחיו המתים אלא דלא רמיזא באורייתא כופר הוא הואיל ועוקר שיש תחיית המתים מן התורה מה לנו ולאמונתו וכי .מהיכן הוא יודע שכן הוא הלכך כופר גמור הוא Eylenberg didn’t like what Rashi said, i.e., it didn’t make sense to him, so he concluded: לפי דעתי לא יצאו דברים אלו מפה קדוש רש”י אלא איזה תלמיד טועה .פירש כן בגליון ונכתב בפנים Eylenberg would have been happy to learn what we now know, namely, that the commentary to Perek Helek is, in large measure, not really by Rashi.

I found another example of this in a book that just appeared, R. Menasheh Matloub Sutton’s Mateh Menasheh. (Sutton, who died in 1876, was the rav of Safed.) The second part of the book is a reprint of Sutton’s earlier publishedKenesiah le-Shem Shamayim. This work is devoted to a superstitious practice whereby women would burn incense to demons and this was thought to be a help to people who were in various states of distress (e.g., sick, barren, etc.) He includes letters from many great rabbis who agree with him that this is a form of avodah zarah. The problem he has, which he confronts in ch. 2, is that one of the rishonim, R. Isaiah ben Elijah of Trani, is quoted by R. Hayyim Benveniste as follows: ונראה בעיני המתוק שעושים הנשים מדבש וחלב לרפואה, וכן העישון שמעשנים מותר, שלא חייבה תורה בבעל אוב אע”פ שמקטר לשד אלא מפני שמעלה המת, וכן מעשה כשפים לא נאסרו אלא כשעושים מעשה או כשאוחזים את העיניים כמ”ש, אבל בעישון ומתוק אין בהם כל אלה, וגם אין בהם משום חובר חבר שאינם מתכונים לחבר השדים אלא לרצותם על .רפואת החולה ושלא יזיקוהו Now it is certainly possible for Sutton to reject R. Isaiah, but it becomes very hard to label the practice as nothing less than idolatry when an outstanding rishon justified it and this rishon is also quoted by Benveniste and the Shiltei Giborim. What to do in such a case? Sutton adopts the tried and true method of declaring that since the position is (in his mind) so objectionable, R. Isaiah could never have said such a thing. It must originate with the “mistaken student” who often makes his appearance when a strange opinion is confronted. אמינא בקושטא דמלתא כד ניים ושכיב רב אמרה להא שמעתא ועל הרוב שלא יצאו דברים הללו מתחת ידו וקולמוסו אלא שאיזה תלמיד טועה כתבם בגליון קונטריסו והרב שלטי הגבורים אגב ריהטא העתיקם בשמו ובחושבו דתורה דיליה היא מוצאת מעמו ולא פנה לעיין בעיקר הדין .נמוקו וטעמו Sutton’s book was put out by one of his descendants, Rabbi Harold Sutton, who was a student in the late and much lamented Beit Midrash le-Torah (BMT) together with me. He later went on to become a student of R. Ovadiah Yosef, whose haskamah (together with that of R. Meir Mazuz) adorns the book.

Harold Sutton should not be confused with another young Syrian rabbi, David Sutton. The latter is the author of the ArtScroll book Aleppo: City of Scholars (and from the introduction I learned that he is a son-in-law of R. Nosson Scherman). Zvi Zohar has recently written a very sharp critique of this book. See here.

David Sutton is also the one who delivered the much-talked about lecture “We Believe in Midrashim.” This lecture is the subject of a very harsh attack by Roni Choueka in Hakirah 4 (2007). Choueka sees Sutton’s lecture as a bizayon ha-Torah of the worst sort. When listening to it I didn’t know whether to laugh or to cry. How else is one to respond when one hears a rabbi claim that the fossils are remnants of the giant pets that belonged to Og, who was 800 feet tall and lifted up a stone the size of , or that the polar bears came to Egypt complete with their blocks of snow in order to devour the Egyptian children?

Incidentally, in speaking of the Aggadah which describes the great height of Og, the Rashba (commentary to Berakhot 54b) notes that although there is a deep meaning conveyed in this Aggadah, the form in which it is expressed also had a very practical application: לעתים היו החכמים דורשים ברבים ומאריכים בדברי תועלת והיו העם ישנים, וכדי לעוררם היו אומרים להם דברים זרים לבהלם ושיתעוררו .משנתם In other words, in order to prevent people from dozing off, the Aggadist would convey his message with outlandish statements. R. Zvi Hirsch Chajes elaborates on this in his Introduction to the Talmud, ch. 26.

4. I have to thank those who have written to me calling my attention to things I did not know. I hope to acknowledge all of you at the proper time. However, many people who send me things have misinterpreted the sources (or the sources they send have been in error).

In of H. Norman Strickman and Arthur M. Silver’s translation of Ibn Ezra to Deuteronomy, p. xiv, the following appears:

It should also be noted that I.E. [Ibn Ezra] was not the only medieval rabbi who believed that there are some glosses or slight changes in the text of the Torah. Thus Rabbi David Kimchi (c. 1160-1235) notes that the word Dan in Gen. 14:14 is post-Mosaic. He argues that the original reading of Gen. 14:14 was “and pursued as far as Leshem.” Rabbi Kimchi maintains that after the tribe of Dan conquered the city of Leshem and changed its name to Dan (Josh. 19:47), the reading of Gen. 14:14 was changed to read “and pursued as far as Dan” as in our texts of Scripture (Radak on Gen. 14:14).

The mention of “Dan” in Gen. 14:14 is used by all critical biblical scholars to prove that the verse must be post-Mosaic. The reason is that since the city would only be conquered in the days of Joshua, and only then be given the name Dan, how could the Torah refer to it this way? Even M. H. Segal, the strong defender of Mosaic authorship, acknowledges the problem. Unlike other scholars he assumes that the verse as a whole is Mosaic. But he also believes that the name “Dan” is a “modernized substitute for the antiquated namesLaish or Leshem (Jud. viii, 29, Jos. xix, 47) which stood in the original.”[30]

Yet I was skeptical of what Strickman and Silver wrote as I was aware of Radak’s introduction to his Torah commentary where he is emphatic that the entire Torah is of Mosaic authorship.[31] I looked up Radak to Gen. 14:14 and saw that my skepticism was warranted. Here are Radak’s words: וירדף עד דן: על שם סופו, כי כשכתב משה רבינו זה לא נקרא עדיין .כן, אלא לשם היה נקרא וכשכבשוהו בני דן קראו לו דן בשם דן אביהם All Radak says is that the Torah refers to the place as Dan in anticipation of what it will be called in the future. Radak says nothing about the original reading of the Torah being “Leshem” and nothing about the text being changed after Leshem was conquered. As such, Radak cannot be added to the list of those who believe that there are post-Mosaic additions in the Torah.

5. In response to my earlier post at the Seforim blog Rabbi Yitzhak Oratz called my ,ס”ט discussing the meaning of attention to Kitvei Ha-Arukh ha-Shulhan, pp. 50-51. In an 1892 letter from R. Yehiel Michel Epstein to R. Hayyim Hezekiah Medini, the author of the Sedei Hemed, we see that R. Yehiel Michel doesn’t know what the acronym stands for, as he writes Since the last two acronyms .חכם חיים חזקיאו [!] ס”ט הי”ו basically mean the same thing one would not put them next to each other, and he must have assumed that the first one meant sefaradi tahor. Yet by 1896 he had learned what it meant and מוהר”ר חכם חיים חזקיאו מודיני he addresses the Sedei Hemed as .סופ”י טב טבא הוא וטבא ליהוי

This is a rare example of an Ashkenazi who knows what the acronym means. For those who have not yet been convinced there is not much more I can say other than that there is a living tradition among the Sephardic scholars for hundreds of years now as to the proper meaning. This is certainly authoritative. Let me also call attention to the end of the introduction of the Peri Hadash on Yoreh Deah (found in the new Machon חזקיה בן :Yerushalayim edition). He signs his name as follows לא”א איש צדיק תמים היה בדורותיו דוד די סילוה נ”ע סופיה טב טבא .הוא וטבא להוי אמן Also, see R. Yehudah ben Attar’s haskamah to R. Hayyim Ben Attar’s Hefetz Hashem (Amsterdam, 1732). R. Yehudah signs his It is obvious that this is an alteration of .סיל”ט own name

Some .סופיה יהא לטב. and means 6 ס”ט want to know if any of the letters Chaim Bloch published in Dovev Siftei Yeshenim are authentic. I haven’t carefully investigated every letter, so it is possible that a couple of them are also found in other books. If that is the case, then Bloch included them simply to give the work as a whole a sense of authenticity. There is, however, no doubt that everything that appears for the first time in the work is, in its entirety, a creation of Bloch. Interestingly, when Bloch sent the first volume to the Lubavitcher Rebbe, the Rebbe immediately recognized that the letters from the Rogochover were forged. He wrote to Bloch (Iggerot Kodesh, vol. 19, p. 69): כן מאשר הנני קבלת הס’ “דובב שפתי ישנים”. ולאחרי בקשת סליחתו נצטערתי על שצויין על כמה מכ’ שהם להגאון הרגצובי – וכל הרגיל . . . בסגנונו יראה תיכף שאינו The three dots are from the publisher, and I would be very interested to know what was taken out.

Bloch wrote to the Rebbe to defend his publication and the Rebbe responded very strongly. He tells Bloch that originally he thought that it was an innocent error or perhaps someone had misled Bloch as to the Rogochover’s letters. It now surprises him that Bloch continues to earnestly defend their authenticity. The Rebbe is so convinced that they are forgeries that he writes (Iggerot Kodesh, vol. 19, p. 159):

שבאם היתה מציאות, שיבוא הרגצובי ויעיד שהוא כתב המכתבים לא יאמינו לו ולא ישמעו לקולו I assume that the Rebbe didn’t know that Bloch forged the letters himself, or that the rest of the collection was also forged. If he did know this, then I don’t think he would have been so polite to Bloch. He either wouldn’t have engaged in correspondence with him, or he would have told him that he is a liar and a scoundrel. Instead, after explaining why the Rogochover couldn’t have written the letters, the Rebbe concludes: .ואתו הסליחה על ביטוים אלו, שאולי אינם דיפלומטים ביותר One certainly doesn’t need to speak “diplomatically” to frauds, so I would assume that the Rebbe wasn’t aware of the extent of Bloch’s deception.

While on the topic of Bloch (who was previously mentioned at the Seforim blog [32]) I should note that his last Hebrew publication was Ve-Hayah Mahanekha Kadosh ( 1965), which is directed against R. Moshe Feinstein’s permission for a married woman to be artificially inseminated from a non- Jewish donor. Bloch also wrote to R. Moshe about this, harshly rebuking him for this ruling. R. Moshe’s response Iggerot( Moshe, Even ha-Ezer vol. 2 no. 11) includes the following, which became one of the most famous passages in the Iggerot Moshe: הנה קבלתי מכתבו הארוך מאד המלא דברי תוכחה על כל גדותיו על מה שלפי דעתו נדמה לו שתשובותי סימן י’ וסימן ע”א מספרי אגרות משה על אה”ע יגרמו איזה פרצה בטהרת וקדושת יחוס כלל ישראל. וניכר ממכתב כתר”ה שהיה סבור שיהיה לי קפידא על דברי התוכחה שלו, ואני אדרבה אני נרגש מזה שאני רואה שנמצאים אנשים בעלי רוח שאינם יראים ולא מתביישים מלומר תוכחה. אבל האמת שאין בדברים שכתבתי ושהוריתי שום דבר שיגרום ח”ו איזה חלול בטהרת וקדושת ישראל אלא תורת אמת מדברי רבותינו הראשונים, והערעור של כתר”ה על זה בא מהשקפות שבאים מידיעת דעות חיצוניות שמבלי משים משפיעים אף על גדולים בחכמה להבין מצות השי”ת בתוה”ק לפי אותן הדעות הנכזבות אשר מזה מתהפכים ח”ו האסור למותר והמותר לאסור וכמגלה פנים בתורה שלא כהלכה הוא, שיש בזה קפידא גדולה אף בדברים שהוא להחמיר כידוע מהדברים שהצדוקים מחמירים שעשו כמה תקנות להוציא מלבן. ואני ב”ה שאיני לא מהם ולא מהמונם וכל השקפתי הוא רק מידיעת התורה בלי שום תערובות מידיעות חיצוניות, שמשפטיה אמת בין שהוא להחמיר בין שהוא להקל. ואין הטעמים מהשקפות חיצוניות וסברות בדויות מהלב כלום אף אם להחמיר ולדמיון שהוא ליותר טהרה וקדושה. 7. Since I mentioned some stories from Halakhic Man that show that the Rav did not have a Modern Orthodox ethos, I will also say something about the following story, which some have wondered about.

Once my father entered the on Rosh Ha-Shanah, late in the afternoon, after the regular prayers were over, and found me reciting Psalms with the congregation. He took away my Psalm book and handed me a copy of the tractate Rosh Ha- Shanah. “If you wish to serve the Creator at this moment, better study the laws pertaining to the Festival.”

I understand that some people are very troubled by this story, as it bespeaks a real intellectual elitism. Yet, to use an expression popular among the younger generation, I can only say “get over it” (or become an adherent of one of the non- intellectual branches of Hasidism). For better or worse, traditional Judaism has always been a fundamentally elitist religion, dividing the haves (i.e., those who have knowledge) from the have-nots. (Although today we are accustomed to think in terms of bringing to all, in a future post at the Seforim blog I hope to mention some sources that speak of the danger of allowing the ignorant access to Torah knowledge.) Precisely because we have a notion of ein am ha- aretz hasid we can understand why, in contrast to Christianity, we don’t have women “saints” in our history. Since women have (until recent times) been kept ignorant of Talmud and halakhah, there was no way they could achieve any renown in the area of saintliness.

Regarding the passage from Halakhic Man quoted above, the Rav himself makes reference to R. ’s Nefesh ha- Hayyim, and the ideology of that book is the basis for the Soloveitchik approach. In Nefesh ha-Hayyim 4:2 R. Chaim writes הרי שהעסק בהלכות הש”ס בעיון ויגיעה הוא ענין יותר נעלה ואהוב .לפניו יתברך מאמירת תהלים Yet I must also note that one needn’t be a Litvak to have this approach. Here is what R. Eliezer Papo writes (Pele Yoetz, s. v. yediah): וכבר כתבו הפוסקים שמי שיוכל לפלפל בחכמה ולקנות ידיעה חדשה ומוציא הזמן בלימוד תהלים וזוהר וכדומה לגבי דידיה חשיב בטול תורה. 8. Many people have written to me about Ibn Ezra and post- Mosaic verses, a subject I dealt with inThe Limits of Orthodox Theology. Let me therefore point out something in this regard that appears in One People, Two Worlds by Yosef Reinman and Ammiel Hirsch. As I am sure everyone recalls, this was the joint work by the Orthodox Reinman and the Reform Hirsch. What made this so significant is that Reinman is from Lakewood and never before had anyone from that community engaged in such a religious dialogue. The response was fast and furious, and here are the first three pages and the last page of an anonymous attack on him that appeared in Lakewood.

In fact, One People, Two Worlds is much worse – or much better, depending on your outlook – than anything done in this area by the Modern Orthodox. The Modern Orthodox who were part of organizations like the Synagogue Council of America and the N.Y. Board of Rabbis never engaged in interdenominational theological dialogue on an equal footing the way Reinman does. Furthermore, it is shocking that a haredi would have co- authored this book for another reason: What will happen if someone reads the book and is more convinced by the Reform rabbi? One would think that this would make the book a possible stumbling block.

I have not read the book cover-to-cover, yet the word on the street is that the debate is pretty one-sided as the Reform rabbi is out of his league. But in glancing through the book I found that in one area it is actually the Reform rabbi who is correct. On p. 16 Hirsch refers to Ibn Ezra’s commentary to Gen. 12:6 and states that Ibn Ezra’s “secret” is a hint to his belief that the verse is post-Mosaic. On pp. 23-24 Reinman writes:

I do not understand how you can represent Ibn Ezra, the illustrious Orthodox commentator, as a closet Reformer. I personally have no idea of the nature of Ibn Ezra’s secret; he has successfully concealed it from me. But be that as it may, how can you ascribe non-Orthodox beliefs to Ibn Ezra? What about all the thousands of pages of solid Orthodox commentary he wrote? Don’t they stand for anything? You obviously need to connect to the time-hallowed texts, but you are grasping at the wind.

They go over this issue a couple of more times and Reinman’s responses are similarly dogmatic. Had Hirsch read my article on the Thirteen Principles (my book hadn’t yet appeared) he could have pointed out that plenty of “Orthodox” commentators and scholars have read Ibn Ezra exactly as Hirsch explained. In other words, it was incorrect for Reinman to respond as if Hirsch was asserting an outrageous canard against an “illustrious Orthodox commentator.”

When I saw this I asked a friend, who studied in Lakewood for many years, if is it possible that Reinman, who has been learning Torah for many decades, is completely ignorant about something that every YU student who takes Intro. to learns in the first few weeks. His reply was that this is exactly the case, and that until he started reading works outside of the typical curriculum he too never heard about an issue with Ibn Ezra and post-Mosaic additions. In fact, I would assume that R. Moshe Feinstein also never heard of it, and in his attack on the commentary of R. Yehudah he- Hasid he ironically cites Ibn Ezra condemnation of Yitzchaki’s biblical criticism. (Why Ibn Ezra would condemn Yitzchaki for suggesting that some verses are post-Mosaic, when he does that himself, is explained by R. Joseph Bonfils in hisTzafnat Paneah: Ibn Ezra was willing to accept individual verses as being post-Mosaic but not entire sections, which is what Yitzchaki is referring to. Thus, there is no Documentary Hypothesis in Ibn Ezra’s writings.)

This phenomenon, of great scholars not being aware of things that most people reading the Seforim blog learned years ago, should not surprise us. The traditional yeshiva curriculum is very narrow, and you can spend your life in a yeshiva and unless motivated to expand your horizons, will have no knowledge of entire areas of Jewish thought and history. A good example[33] is seen in this announcement by Agudas ha- Rabbonim, which appeared inHa-Pardes, November 1975.

Yet the beautiful saying which the learned rabbis assume was stated byHazal was actually stated by Ahad ha-Am, and is perhaps his most famous saying (although the concept can be found in traditional sources, see Taz, Orah Hayyim 267:1)[34] However, for one whose only Jewish knowledge comes from the yeshiva, this information would be unknown, and it is easy to see how such a statement (“more than the Jews have kept the Sabbath the Sabbath has kept the Jews”) could “infiltrate” this closed world and become just another ma’amar hazal.[35] It reminds me of how when I was a kid and my friends and I went to Boro Park for Shabbatons we would have been able to hum niggunim which came from popular songs and commercials, and our hosts wouldn’t have known a thing. At the Rutgers house in the 1980’s they even had a niggun to the tune of the theme song for Bumble Bee tuna. For those too young to remember it, see it here.

Of course, Ahad ha-Am’s statement is sound Jewish doctrine, as should be expected from one who had a hasidic upbringing (he was born in Skvira). I don’t even think that the saying was original to him. Rather, he was repeating a hasidic idea that he heard in his youth. I say this because Rabbi Uri Topolosky – who is currently rebuilding Orthodox life in New Orleans[36] – called my attention to the following passage in the Sefat Emet to parashat Ki Tisa (from 1873; p. 198 in the standard edition): ואך את שבתותי כו’ פי’ שלא להיות רצון ותשוקה לדבר אחר בעולם, רק להשי”ת שהוא שורש חיות האדם שתתדבק בו בשבת קודש . . . גם מה .שמירה שייך לשבת אדרבה שבת שומר אותנו NOTES: [15] “The Silence of Rayna Batya: Torah, Suffering, and Rabbi Barukh Epstein’s ‘Wisdom of Women.'” Torah u-Madda Journal 6 (1996): 127, n. 62. [16] Torah u-Madda Journal 7 (1997): 197. Since I mention the fine scholar Don Seeman, let me also call attention to his article “Ethnographers, Rabbis, and Jewish Epistemology: The Case of the Ethiopian Jews,” Tradition 25 (1991): 13-29. In this article he deals with the issue I touched on in two earlier posts, namely, does “halakhic truth” need to correspond to what academics regard as “scholarly truth.” [17] I thank Eliezer Brodt for calling it to my attention (it is not mentioned in Beit Eked Sefarim). Subsequently, I saw that it is mentioned by Yaakov Bazak, “Al Derekh Ketivat ‘Torah Temimah,’” Sinai 66 (1969): 97. [18] Thus, R. Moshe Meiselman could write: “In the volume of responsa, Maayan Ganim, the author not only permits motivated women to study the Torah but praises them and urges his audience to encourage them in their work.” See Jewish Woman in Jewsh Law (New York, 1978), 38. [19] R. Menahem Kirschbaum, Tziyun li-Menahem (New York, 1968), 263, points out that contrary to what Epstein states, Tosafot Tom Tov referred to him as a grammarian when Archivolti was quite old. [20] “Rayna Batya and other Learned Women: A Reevaluation of Rabbi Barukh Halevi Epstein’s Sources,” Tradition 35 (2001): 61. [21] See here [22] See Kitvei ha-Arukh ha-Shulhan, part 2, p. 142, where he נכד איש אלקים גדול בעל התניא זי”ע ועל כל addresses someone as See ibid., p. 154, for R Yehiel Michel’s 1906 [ישראל אמן. [23 letter of recommendation for R. Zevin. [24] See R. Yehudah Herzl Henkin, Beni Vanim, vol. 2, no. 8. In the introduction to Kitvei ha-Arukh ha-Shulhan one finds the following: על מעמדו של הערוך השולחן כרבן של ישראל ופוסק הדור [שיש הסוברים שהוא הראשון במעלה ואחרון בזמן והלכה כמותו בכל מקום. עי’ בני ?What kind of reference is this .בנים] אין כאן המקום להרחיב Most readers won’t even know what Bnei Vanim is. Why is the author, the volume, and page number not given? Why is R. Joseph Elijah Henkin’s name not mentioned? Furthermore, R. Henkin never said that the halakhah is always in accord with the Arukh ha-Shulhan. (Let’s not forget, the Arukh ha-Shulhan thought you could use electricity on Yom Tov.). His comment dealt only with the Arukh ha-Shulhan vs. the Mishneh Berurah.

For Eliezer Brodt’s review of this work, see here. I have only skimmed part 2 of this important volume, but since it will probably be reprinted, let me make a few corrections and one addition.The transcription of R. Yehiel Michel’s handwriting on the first page is incorrect.

.האריך should be הארוך The word :והנה .P. 79 s. v

ורבות נצטערתי והמו מעי :The sentence reads .גי”ק .P. 146 s.v .לו שירדפו גאון מובהק כמו”ב

.See p .כמי”ב – כמותו ירבו בישראל The abbreviation should be 152, top line.

P. 173 no. 137: R. Aryeh Jacob Katznelson was the son-in-law of R. Yehiel Michel’s brother-in-law.

P. 193 n. 17: The quotation does not appear in no. 39.

According to Glick, Kuntres ha-Teshuvot he-Hadash, vol. 1 ( and Ramat Gan, 2007), 582 (no. 2186), material from R. Yehiel Michel appears in R. Moses Spivak, Mateh Moshe (Warsaw, 1935). [25] Hayyim Schirmann, Ha-Shirah ha-Ivrit bi-Sefarad u-ve- Provence (Jerusalem, 1954), vol. 1, no. 143; translation in Norman Roth, “‘Deal Gently with the Young Man’: Love of Boys in Medieval Hebrew Poetry of Spain,” Speculum 57:1 (1982): 45. [26] See here. [27] see my “Obituary: Professor Mordechai Breuer zt”l,” the Seforim blog (Monday, 11 June 2007), available here. [28] See Yabia Omer, vol. 9, Orah Hayyim no. 108 (p. 269). [29] See Shmuel Glick, Kuntres ha-Teshuvot he-Hadash, vol. 1 (Jerusalem and Ramat Gan, 2006), 57. [30] The Pentateuch: Its Composition and Its Authorship (Jerusalem, 1967), 33.

ואומר בתחלה כי משה רבינו כתב כל התורה כלה מפי הגבורה, [31] מ”בראשית” עד “לעיני כל ישראל” . . . וכן צריך להאמין, כי הכל נאמר ברוח הקודש ומפי הנבואה למשה רבינו עליו השלום [32] See here. [33] See Avraham Korman, Ha-Tahor ve-ha-Mutar (Tel Aviv, 2000), 99. [34] See Al Parashat ha-Derakhim, ch. 51, available here. The actual quote is

.יותר משישראל שמרו את השבת שמרה השבת אותם [35] R. Herzog was well aware of whose saying he was adapting when, in an article on Taharat ha-Mishpahah published in Ha- Pardes (September 1947, p. 15), he wrote:

לצערנו העמוק והמחריד נפרצו בימינו פרצות גדולות, ואף בארץ הקודש, בחומה זו של טהרת המשפחה, שאפשר להגיד עליה, שיותר ממה ששמרו ישראל עליה שמרה היא על ישראל [36] See here.

Marc B. Shapiro – Forgery and the Halakhic Process, part 3

Forgery and the Halakhic Process, part 3 By Marc B. Shapiro I thought that I had exhausted all I had to say about Rabbi Zvi Benjamin Auerbach’s edition of the Eshkol — see my first two posts at the Seforim blog, here and here [and elaborations] — but thanks to some helpful comments from readers, there is some more material that should be brought to the public’s attention. Even before looking at this, let me express my gratitude to Dan Rabinowitz who sent me this picture of a youthful Auerbach. In my first post I cited R. Yitzhak Ratsaby as a very rare example of a posek who is aware of the problems with Auerbach’s Eshkol. A scholar who wishes to remain anonymous, and who has helped me a great deal in the past,[1] called my attention to R. Yehiel Avraham Zilber (the son of R. Binyamin Yehoshua Zilber), who is also aware of the Eshkol problem. In his Berur Halakhah, Yoreh Deah (second series), p. 111, he notes that R. Ovadiah Yosef cites Auerbach’s Eshkol in matters of hilkhot niddah. Yet the authentic Eshkol does not have any section for niddah. In fact, as Yaakov Sussman has pointed out,[2] Auerbach’s Eshkol, vol. 1, p. 117, also refers to the Yerushalmi on Niddah. However, this is impossible as neither R. Abraham ben Isaac nor any of the other rishonim had this volume.

Zilber writes that his own approach is not to rely on anything in either Auerbach’s Eshkol or the Nahal Eshkol. In his Berur Halakhah, Orah Hayyim (third series), p. 16, he also states that a certain passage in Auerbach’s Eshkol, Hilkhot Tzitzit cannot be authentic. Before I was alerted to these two sources I had never examined any of Zilber’s volumes (although I have perused the works of his father). Now that I have looked at them I see that they contain a great deal of learning, but my sense is that they are of no significance in the halakhic world, and are rarely quoted.

This doesn’t mean that they are not valuable in and of themselves, but with so many halakhic books being published, only some can make it to the top. The rest, no matter how learned, remain little studied and even less quoted. One must feel bad for authors who put so much effort into producing their works which could be of great use to people, yet at the end of the day do not have any impact.

As Eliezer Brodt has already pointed out, in a previous post at the Seforim blog, with respect to books on hilkhot shemitah, although new volumes continue to appear, it is hard to believe that much of anything original is being added.[3] The same can be said for the laws of Shabbat, where I don’t see how another new book recording the halakhot can possibly have any value as we already have so many fine books in this area. If the author is going to come up with new rulings, then fine, but it is hard to see how the world will benefit from yet another collection of the various melakhot and what is permitted and forbidden.

This doesn’t mean that up-and-coming halakhic scholars have nothing to write about. For example, there is only one book on the halakhic issues involved in sex change operations, so here is an area that cries out for our best and brightest to direct their talents towards. For those who are writing books that are not given the attention due them, one should not lose hope. Occasionally a book that is ignored in its time comes back in a future generation and assumes great popularity (e.g., the Minhat Hinnukh), while books which were very popular in previous years fall out of style. One example of the latter is the Kitzur Shulhan Arukh. When I was young everyone seemed to study it. It has been reprinted numerous times and also translated into many languages. According to the Encyclopedia Judaica, it went through fourteen editions in the author’s lifetime, which I think is a record for halakhic works. Yet today, I don’t know anyone who uses it as a work of practical halakhah. (Simply writing this ensures that people will e-mail me to point out that there are indeed some who still use it).

Returning to the anonymous scholar mentioned above, he also alerted me to a letter by R. Michael[4] Aryeh Stiegel which appeared in Tzefunot 1 (Tevet, 5749): 108. In this case I had actually seen the letter, as I own the journal and even have my pen mark on this page. But I had forgotten about it, so once again I am in the anonymous scholar’s debt. Before noting what he says, let me repeat what I mentioned in a previous post, namely, that the publication of the fourth volume of the Eshkol is very strange. We are given no information about the manuscript such as where it came from and why no one, including Auerbach’s family, had ever heard of it until it was published.

There is one other point which I neglected to make in my previous post, but it also is relevant. In 1974 Bernard Bergman published an essay on Auerbach in the Joshua Finkel Festschrift (later included as an appendix to vol. 4 of the Eshkol) in which he defended him against Albeck’s attack. At the time of this essay Bergman knew nothing about any unpublished manuscript of Auerbach’s Eshkol. It is very suspicious, to say the least, that Bergman is also the one to publish the newly discovered volume. Are we supposed to assume that it is just coincidence that Bergman, who earlier had published an essay on Auerbach, discovered this manuscript? (Those who are old enough will recall that during these years Bergman had lots of other things on his mind.) Of course, it is possible that some rare book dealer came into possession of the manuscript and knowing Bergman’s interest in Auerbach, sold it to him. In my previous post I stated that despite the problems that can be raised about the new volume, barring any further evidence we should give Bergman the benefit of the doubt.

Yet Stiegel notes something which should force us to reopen the issue. In volume 4, p. 26 n. 24, we find the following in the Nahal Eshkol.

לא ידעתי למה מביא זה, שהרי רבא הקשה אי הכי במקדש היכי תקעינן. אך מצאתי שגם הראב”ן ר”ה מביא דרש זה, ועי’ באבן שלמה על הראב”ן שם אות ד’ שהאריך ליישב קושיה זו. The problem is that the edition of Ra’avan with R. Solomon Zalman Ehrenreich’s commentary Even Shlomo only appeared in 1926, many years after Auerbach’s death. This sort of anachronism is often what enables scholars to uncover a fraud. When problems became apparent in Auerbach’s edition, Albeck called for the manuscript to be produced, and this was never done. Here too, I call for the manuscript of volume 4 to be produced, and for the publisher, Machon Harry Fischel, to join in this demand. Only when we can examine the manuscript will we be able to determine what is going on. If the answer given is that the manuscript cannot be located, which was the same answer given one hundred years ago, then the possibility that Eshkol volume 4 is a late twentieth century forgery will have to be seriously considered.

The anonymous scholar also alerted me to R. Hayyim Krauss’ Toharat ha-Shabbat ke-Hilkhatah. Krauss is known for a campaign he mounted in the 1970’s, culminating in the publication of his books Birkhot ha-Hayyim and Mekhalkel Hayim be-Hesed, which were in large part devoted to showing that the proper – and original — pronunciation in the is morid ha-geshem, not gashem. There is no doubt that Kraus was correct, but I don’t know if his campaign bore any fruit. Certainly in the United States when I was growing up, virtually everyone said gashem since that is what the siddurim had, including Brinbaum. Matters have changed greatly in the last twenty years because of the ArtScroll siddur. This siddur vocalizes – or, to use the word that ArtScroll prefers, asgeshem . I have previously noted one גשם – ”vowelizes“ example where the Artscroll siddur has changed the davening practices of the American Orthodox community[5] and this is another. Had the ArtScroll siddur givengashem as the pronunciation, that’s what we all would be saying now.

Since this blog is devoted to seforim, with a great focus on bibliographical curiosities, let me mention the following: It has been awhile since I’ve seen the literature about geshem vs. gashem, but I remember that the side that supported gashem was able to show that it was not only grammarians who supported this reading, but R. David Lida (c. 1650-1696) Ashkenazi rav of Amsterdam, also attested to it. In fact, he might be the earliest authority to do so. But those who cited Lida didn’t know a couple of things about him. Neither do the people who keep publishing his works. To begin with, Lida was a plagiarizer, and not a very skilled one at that.[6]

People can live with plagiarism, especially as it is not uncommon in haredi “mehkar.”[7] But worse, much worse, is that Lida also appears to have been a Sabbatian. In my Limits of Orthodox Theology, p. 42 n. 21, I called attention to something similar. The Yemenite kabbalists who attacked R. Yihye Kafih made use of, and defended, a Sabbatian work written by Nehemiah Hayon. It was only after R. Kook pointed out the true nature of Hayon’s work that they excised this defense. As I commented in my book, this shows the elasticity of apologetics, in that if one beleves a work is “kosher,” he will devote great efforts to defending it, but after learning that the author is a Sabbatian the defense is immediately dropped. We must ask, however, why were the ideas in this work acceptable before the author’s biography was known?

Returning to Krauss’ Toharat ha-Shabbat ke-Hilkhatah, in volume 1 of this work he cites Auerbach’s Eshkol. In volume 2, p. 450, Krauss publishes a letter he received from R. David Zvi Hillman. Hillman, in addition to being an outstanding talmid hakham, also has a real historical sense and many years ago edited Iggerot ha- u-Venei Doro (Jerusalem, 1953). In more recent years he published an interesting, though wrong- headed, article arguing that Meiri’s views of anti-Gentile halakhot are not to be taken seriously but were written due to fear of the censor (which was a concern even in pre-printing days).[8] He has also been involved with the Frankel edition of the Rambam, most recently editing Sefer ha-Mitzvot. Despite its problems, the Frankel edition of the Mishneh Torah is now the standard edition for both yeshivot and the academic world.[9]

As everyone knows, the Frankel edition has been attacked for systematically ignoring the writings of some prominent non- haredi gedolim. For example, there are no references to R. Kook, even though he wrote a commentary on the Rambam’s shemitah laws, which will be mentioned in an upcoming post at the Seforim blog. (He is cited the ArtScroll Mishnah volume on Shevi’it.) It was because of this affront that R. Kook’s followers have put out a separate index of commentaries on the Mishneh Torah, which is now available online. See here.

A particularly harsh criticism of the Frankel edition, which appeared as an “open letter,” is found here:

Hillman chose to answer this critique. He briefly mentions the issue of R. Kook, but has a lot to say about R. Kafih, and his critique of the latter is incredibly sharp. Here is his letter:

Even if one doesn’t agree with him, it should be obvious to all that Hillman has a much broader knowledge than the typical talmid hakham. It therefore should not be surprising that he was critical of Krauss for including Auerbach’sEshkol . In fact, Krauss does not even print Hillman’s entire letter, but cuts out a section that no doubt would have been seen as disrespectful to Auerbach. Thus, Hillman writes:

ומ”ש באשכול ליתי’ באשכול (הוצ’ אלבעק) אלא . . . Krauss inserted the three dots since Hillman’s original letter must have continued by referring to Auerbach’s edition. Similarly, a few lines later Hillman writes (. . . ובנד”ד יש לנו לזה ראיה נוספת ממה שלא הוזכרה שזה דעת האשכול בספר המאירי שהיה הצאצאיו ושמעתתי’ בפומיה תדיר בכינוי גדולי קדמונינו) ואף את”ל . . . ומבעל האשכול יצאו הדברים מ”מ הלכה כהרשב”א דבתראה הוי. The second ellipsis was inserted by Krauss. In his letter Hillman must have written, “Even if you want to say that Auerbach didn’t forge this section, and it really was stated by the Eshkol.” Yet Krauss didn’t want anything negative about Auerbach to appear in print, so he cut it out. Hillman also calls attention to the comments of R. Hayyim Eleazar Shapira in the introduction to hisDarkhei Teshuvah on hilkhot mikvaot. Here Shapira notes that the Maharsham cited Auerbach’s Eshkol, and this once again raises the problem I have earlier discussed, namely, what to do with pesakim that rely on forged texts? (This is not such a problem in hilkhot mikvaot, as Shapira notes that most of what is quoted from Auerbach’s Eshkol is le-humra).

Shapira states that he is not prepared to decide the matter of the authenticity of Auerbach’s Eshkol, yet according to .נראה מכתלי דבריו שדעתו נוטה לצד המערערים על אמיתותו Hillman It is obvious that the reason Shapira does not definitively decide the matter is because of his feeling of respect for Auerbach as a great talmid hakham. The notion that such an outstanding Torah scholar, one of the German rabbinic elite, could perpetrate such a fraud is difficult for people to accept. Yet Shapira is also surprised that the Maharsham cites Auerbach’s Eshkol entirely oblivious to the problems with this edition.

I don’t see this as unusual at all. Shapira was an incredibly learned man, with knowledge of all sorts of things, but the Maharsham was an ish halakah whose life was spent in Shas and Poskim. Similarly, although R. Moshe Feinstein quotes Auerbach’s Eshkol, I would assume that he too had never heard of the controversy, as it is not something that penetrated the walls of the traditional Lithuanian Beit Midrash (at least not until so many bachurim began readingthe Seforim blog!). Shapira writes:

ולא באתי להכריע, יען כי כם כבוד הה”ג ז”ל בעל נחל אשכול המו”ל (ואשר האריך לבאר כשיטתו במבואו והקדמתו) לא נקל בעיני . . . (ולא ידעתי מה הי’ לו להג’ מהרש”ם ז”ל וכי לא ראה או לא ידע, מ”ש וערערו על ככה והביא כמעט כל דברי ס’ האשכול כאלו הי’ ברור ומקובל אצלו הללמ”ס שזהוא להראב”ד בלי ספק ופקפוק לעולם). In his reply to Hillman, Krauss states that he was indeed aware of the problems with Auerbach’sEshkol , and even referred to Shapira’s introduction, but he did not want to elaborate (and indeed, he never quotes what Shapira says, but only tells the reader to examine it). I think that many people in the traditional world who know about the issue have this problem as well. They are between a rock and a hard place. If they say nothing, then a forgery is allowed to remain part of the Torah world. Yet if they write against it, they must take on someone who in his lifetime was recognized as one of the gedolim of Germany. Like all gedolim, he was also regarded as a great tzaddik.

Krauss does allow himself to say the following:

ובזה צע”ג על שו”ת שבט הלוי ח”א סי’ כ”ד – ועוד כמה מאחרוני הזמן – אשר לא שת לבו לדברים אלו ודורש דברי האשכול כמין חומר. Prof. Yaakov Spiegel has also called my attention to his article in the latest Sidra[10] focusing on the various terms used for describing the blessing of the new moon. It so happens that in medieval times the term kiddush levanah was not found in either the Sephardic world or among Provencal scholars. Yet as Spiegel notes, this expression is found in Auerbach’s Eshkol, in a section that is missing from Albeck’s edition. This is another proof (if any was needed) that Auerbach’s edition is a forgery.[11]

The Auerbach forgery relates to another issue, that of rabbis lying and making things up for what they view as good reasons (which ties into my current project on censorship). Let me offer one example of this, but first I must give some background. If there is one thing Orthodox Jews know it is that sturgeon is a non-kosher fish. Yet as with so much else that people know, this is not exactly correct. While our practice today is not to eat sturgeon, no less a figure than the great R. Yehezkel Landau, the Noda bi-Yehudah, permitted it.[12] This decision led to enormous controversy as many of the greatest rabbis of Europe lined up in opposition.

Rabbi Aaron Chorin, at this time rav of Arad, Hungary, was a student of R. Yehezkel and he took up the cause of kosher sturgeon, publishing the volume Imrei Noam (Prague 1798) in support of his teacher’s view. At this time he had not yet crossed over to the dark side where he would, in the Hatam an abbreviation of the way ,אחר Sofer’s words, become known as Chorin signed his name: Aron Choriner Rabbiner (see Teshuvot Hatam Sofer, 6:96). R. Isaac Grishaber, the rav of Paks, took up the battle against Chorin and published the volume Makel Noam (Vienna 1799). Here is the title page of the book: Chorin responded with another book on the subject, Shiryon Kaskasim (Prague, 1800).

Grishaber was a fairly well known rabbi, and in recent years Torah journals have begun to print his unpublished writings. The problem that Grishaber was up against was that even with the many rabbis who wrote haskamot for his book, the great R. Yehezkel Landau had ruled differently. How could he destroy Chorin’s argument, convince the people that he was right, and most importantly, spare Jews from eating non-kosher when the recently deceased gadol ha-dor stood in his way?

Even before Chorin published his book, Grishaber had been on a crusade to have sturgeon declared as non-kosher. As part of this battle Grishaber took a fateful step which I have no doubt was done le-shem shamayim, but which from our perspective must be regarded as reprehensible.

In his effort to stop the eating of sturgeon, which he firmly believed was a terrible sin, Grishaber declared that R. Yehezkel sent him a letter retracting his decision and asking him to forward this letter to the rabbi of Temesvar, to whom he originally gave his lenient opinion. Grishaber states that the original letter of R. Yehezkel, which he received and sent on to the other rabbi, was lost in the mail.[13] He also writes that he misplaced the copy he made of R. Yehezkel’s original letter to him. This is all very fishy. Not surprisingly, R. Yehezkel’s son, R. Samuel, and R. Yehezkel’s leading student, R. Eleazar Fleckeles, rejected Grishaber’s testimony. They declared that he never received such a letter. In other words, he was lying when he stated that the Noda bi- Yehudah had retracted his opinion.

These are strong words, but it is hard to read what R. Samuel and R. Fleckeles write and still have any doubts that Grishaber was engaging in a fraud – although as R. Samuel states, Grishaber no doubt believed that in the effort to stop people from eating non-kosher even this was permissible. Here are some of R. Samuel’s words (Noda bi-Yehudah, Yoreh Deah, tinyana, no. 29), which are very interesting in that he keeps the standard respectful phrases at the same time that he is telling Grishaber that he is a liar.

ימחול לי מעלתו שדבר זה הוא שקר מוחלט . . .ופשיטא שאין מעלתו נאמן בזה מאחר שאין בידו גוף האגרת ומרחיק עדותו לומר ששלחו להרב מטו”ו ונאבד . . . כל זה הוא למופת שכבוד מעלתו שקר ענה בשם אאמ”ו הגאון ז”ל. לכן טוב ויפה שכבוד מעלתו ישתוק מזה ומצוה שלא לאמר דבר שאינו נשמע ושאין להאמין, ודבר פשוט הוא שאין מעלתו נאמן לאסור . . . ואני דן את מעלתו לכף זכות שכוונתו בזה לש”ש אחר שלפי טעותו שבעיניו נראה הדג זה לאיסור ויודע בעצמו שלא יהיה דבריו נשמעין נגד פסק של אאמ”ו הגאון ז”ל לכך התחכם לומר שאאמ”ו הדר ביה. Grishaber also had to deal with the fact that in Turkey the Jews ate sturgeon. To this he replied that one could not rely on the Turkish Jews since many of them were still followers of Shabbetai Zvi. R. Samuel had no patience for this nonsensical assertion.

לא אשיב על זה כי סתם ישראל בחזקת כשרות ולמה זה יוציא דילטורין על ישראל לומר כל מי שאוכל דבר הנראה למעלתו לאיסור הוא מודח מעדת ישראל. ולמה לא מיחו בהם הרבנים שם שהם גדולי ישראל. אין זה כי אם רוח יתירא. In a second letter to Grishaber (ibid., no. 30), R. Samuel shows that his patience is at an end:

ואני מזהירו שלא ילמד לשונו שקר ומרה תהי’ באחרונה אם יתגלה קלונו ברבים. Yet interestingly enough, in keeping with the rabbinic tradition of respectful writing he ends his second letter with .כ”ד אוהבו Fleckeles also speaks harshly (Teshuvah me-Ahavah, vol. 2, Yoreh Deah no. 329), and this comes after beginning his letter with all the customary rabbinic introductory words of praise.

עמו הסליחה לישנא דחוצפות היא זו נגד רבן של ישראל ובדבר שכבר הורה זקן וחלה הוראתו קרוב לעשרי’ שנה . . . ומה שהעיר שרבינו הגדול נ”ע כתב אליו שחוזר מהוראה זו ובקש ממנו להודיע הדבר להרב דק”ק טעמישוואר והמכתב ההוא נאבד ממנו ומכל אדם שארי לי’ מארי מדבר שקר תרחק כתיב ומוציא לעז על אותו צדיק יסוד עולם איך יכתוב אליו שהוא בריחוק מקום ולא יכתוב באתרא דאוכלין אותו הדג על פיו ועוד אלמלא נגנז ספרי יחזקאל הי’ יכול לומר מה שלבו חפץ אבל ספריו כאן וקבע הדברים להלכה ולמעשה מיד ולדורות. Although there were some who supported R. Yehezkel, this remained a minority opinion. By now no one is in dispute about this matter. Yet I wonder if any readers recall eating sturgeon in the United States. I ask because there was a time when sturgeon was regarded as kosher in this country. Here is a page from the list of kosher fish published by Agudas ha- Rabbonim in Ha-Pardes, April 1933. This advertisement for delicious sturgeon appeared in subsequent issues of Ha-Pardes.

Note that swordfish is also on the list, proof that Orthodox Jews ate this as well. I won’t say much more about this since I know that Dr. Ari Zivotofsky has a lengthy article on the topic about to appear in the Israeli-journal BDD Bekhol( Derakhekha Daehu). Let me just mention the following two points, if only to disabuse people of the notion that it was only the Conservatives who permitted swordfish. 1. The Chief Rabbinate of declared swordfish to be kosher, and in a 1960 responsum R. Isser Yehudah Unterman defended this ruling. In response to R. Moshe Tendler’s objection, Unterman reaffirmed its kosher status.[14] It is likely that the widespread assumption that swordfish is not kosher can be traced to Tendler’s successful efforts in this regard. Today, who even remembers the that swordfish used to be kosher?

2. There was a great rav in Boston named Mordechai Savitsky. To a certain extent he was an adversary of the Rav and was one those tragic figures in American Orthodoxy. His Torah knowledge was the equal of any of the outstanding Roshei Yeshiva who became so popular, but he was never able to find his place. He publicly declared – and in his Shabbat ha-Gadol derashah no less – that swordfish is kosher.

These two points are enough to show that the issue of swordfish is anything but settled, and is certainly not an Orthodox-Conservative issue. Zivotofsky’s article will be quite illuminating in this regard.

Notes: [1] See The Limits of Orthodox Theology, Preface. [2] Mehkerei Talmud 2 (1993), 255 n. 196. [3]”R. Yaakov Lipshitz and Heter Mechirah,” the Seforim blog (October 11, 2007), available here. [4] In an effort to keep far away from non-Jewish names, many spell it as Michoel. I have even מיכאל people who are named seen Mecheol. Certainly, no one today in the haredi world who would write his English name as Moses, as is משה has the name found on R. Moshe Feinstein’s stationery. [5] See here at note 8. [6] See Bazalel Naor, Post-Sabbatian Sabbatianism: Study of an Underground Messianic Movement (Spring Valley, 1999), 38; Marvin Heller, “David ben Aryeh Leib of Lida and his Migdal David: Accusations of Plagiarism in Eighteenth Century Amsterdam,” Shofar 19 (Winter 2001): 117-128. [7] Yet can they live with a well-known contemporary rabbi who not only falsified a book he worked on, but has ignored a series of summons to a beit din? See here (and here) for more. Since the censorship and forgery he engaged in are directed against Chabad, it is possible that in his mind he has done no wrong. He probably also assumes that a Chabad beit din is not valid, and therefore he can ignore it. [8] “Leshonot ha-Meiri she-Nikhtevu li-Teshuvat ha-Minim,” Tzefunot 1 (5749): 65-72. [9] In my forthcoming book, Studies in and His Interpreters (University of Scranton, 2008), I give examples of some of the problems. The book should appear in another few months. [10] “Le-Mashmaut ha-Bituyim: Kiddush Hodesh, Birkat Levanah, Kiddush Levanah,” Sidra 22 (2007): 185-200. [11] For other forgeries in Auerbach’sEshkol , see Louis Ginzberg, Perushim ve-Hiddushim Birushalmi, vol. 1, Introduction, p. 84, and vol. 4, p. 6. I owe these references to the anonymous scholar. [12] Noda bi-Yehudah, Yoreh Deah, tinyana, no. 28. [13] See Yisrael Natan Heschel, “Mismakhim Nosafim le-Folmos Dag ha-Stirel bi-Shenat 5558,” Beit Aharon ve-Yisrael (Sivan- Tamuz 5755): 109. [14] See Shevet mi-Yehudah, vol. 2, Yoreh Deah no. 5.

Where’s Shai Agnon Revisited

You may recall that in a prior post we noted that in the Reinetz edition of the Pirush Ba’al HaTurim al HaTorah is a victim of censorship. Specifically, Reinetz quotes a story about how quickly the Tur wrote his commentary on the Torah. In the early edition of Reinetz’s work, Shai Agnon is cited as the source while in later editions Agnon is removed. In the comments, however, some took issue with the need to cite to Agnon as Agnon was ultimately citing to another work, Kol Dodi, and thus, according to some commentators, so long as Reinetz cites to the Kol Dodi it is ok. These commentators’ opinion is premised on the notion that Kol Dodi is another work. As was noted in the comments there is no such published work. Although there is no published work with that name that contains this story, there is still some abiguity as it could be Agnon was cited to an earlier work in manuscript. Now, however, we can put that all to rest and conclusively show that the only source is Agnon.

As mentioned previously, we hope to provide comprehensive reviews of Y.S. Spiegel’s Tolodot Sefer HaIvri, in that vein, we came across the following footnote (vol. 1, p. 29 n.8) where Spiegel discusses Agnon’s Kol Dodi:

יש לציין לדברי ש”י עגנון בספרו ספר סופר וסיפור, ירושלים, תשל”ח, עמ’ ק, בשם ספר קול דודי:”בשעה שהיו ישראל עולין לרגל היו מביאין עמהם ספרי תורה שלהם והיו מגיהין אותם מספר עזרא הסופר שהיה מונח בעזרה.” פירוש מעניין שלא מצאתיו במפרשים. אמנם כפי שכתבה לי בטובה בתו גב’ אמונה ירון, ותודתי נתונה לה בזה, כינה אביה בשם קול דודי את חידושיו עצמו (וראה שם ברשימת המקורות, עמ’ תנט, שנאמר על ספר קול דודי שהוא כת”י המחבר.) וכן אמר עגנון עצמו לדוד כנעני, כפי שכתב האחרון בספרו ש”י עגנון בעל פה, תל אביב, תשל”ב, עמ’ 34-35

I wish to cite to Shai Agnon’s statement in his work Sefer Sofer v’Sippur where he cites in the name of the work Kol Dodi . . . this statement in the name of Kol Dodi is very nice, however I have not found it in any other commentaries. But, according to what Emunah Yaron, Agnon’s daughter told me, her father used the title Kol Dodi for stories of his [Agnon’s] own creation . . . Furthermore, Agnon himself told David Kenanin as much . . . .

Thus, there is no doubt that in fact the only source for this story regarding the Ba’al HaTurim is Agnon and Reinetz cannot be absolved removing Agnon’s name and citing to Kol Dodi, a fictitious work.

Update: In the comments to this post Professor Lawrence Kaplan kindly brought to our attention a great article by G. Scholem that appeared in Commentary Magazine titled ‘Reflections On S.Y. Agnon’ (Commentary Dec. 1967 44:6) where Scholem reviews Agnon the person and his works.

Scholem refers to Agnon’s famous anthology, Yamim Noraim and writes “With his caustic sense of humor he [Agnon] included a number of highly imaginative (and imaginary) passages, cullled from his own vineyard, a nonexistent book, Kol Dodi (‘The Voice of my Beloved’), innocently mentioned in the bibliography as ‘a manuscript in possession of the author.”’

Professor Kaplan then adds: It also follows that one cannot excuse Agnon for this (in my view rather innocent) deception on the grounds that he only referred to Kol Dodi in Sefer, Sofer, ve-Sippur, which he did not prepare for publication.

The truth is that Scholem made a mistake as in the bibliography of both Sefer, Sofer, ve-Sippur and Yamim Noraim, meaning a ”כת”י המחבר“ Kol Dodi is listed and described as manuscript of the author – himself not as Scholem translates it “a manuscript in possession of the author.” Scholem’s description of Kol Dodi is based on the English version translation! Addtionally, in the three places which Agnon quotes from this work in his Sefer, Sofer, ve-Sippur it appears to be a collection of stuff he heard from people on topics similar to the Sefer, Sofer, ve-Sippur. But it do not appear that Agnon was trying to fool anyone to a nonexistent book Marc B. Shapiro – Responses to Comments and Elaborations on Previous Posts

Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is a frequent contributor to the Seforim blog and his most recent posts are Forgery“ and the Halakhic Process” and “Forgery and the Halakhic Process, part 2.”

The post below was written as part of Forgery“ and the Halakhic Process, part 2,” which the baale ha-blog have split up for the convenience of the readers of the Seforim blog. As such, the footnotes continue from the conclusion of the previous post.

Responses to Comments and Elaborations on Previous Posts by Marc B. Shapiro

1. Some were not completely happy with an example I gave of an error in the Chavel edition of Ramban in a previous post at the Seforim blog. So let me offer another, also from one of Ramban’s talmudic works (since that was the genre I used last time). In Kitvei Ramban, 1:413, Chavel prints the introduction to Milhamot ha-Shem. The Ramban writes:

וקנאתי לרבנו הגדול רבי יצחק אלפאסי זכרונו לברכה קנאה גדולה, מפני שראיתי לחולקים על דבריו שלא השאירו לו כפי רב מחלוקותיהם ענין נכון בכל מה שדבר, ולא דבר הגון בכל מה שפרש, ולא פסק ראוי בכל מה שפסק, לא נשאר עם דבריהם בהלכות זולתי הדברים הפשוטים למתחיל פרק אין עומדין In his note, Chavel explains the last words as follows:

רק בסוף הפרק הזה נמצאה השגה אחת מבעל המאור are the למתחיל פרק אין עומדין Yet what Ramban means by children who begin their talmudic study with Tractate Berakhot. In other words, it is only the explanations and pesakim of the Rif that are obvious even to the beginner that have not been challenged.[21]

Regarding the example I gave in my last post at the Seforim blog, I forwarded to R. Mazuz one of the questions I received, :found in the Ramban אסף which dealt with the form of the verb

וחכמי הצרפתים אספו רובן אל עמן He answered as follows:

אפשר לפרש אָסְפוּ מלשון ויאסוף רגליו אל המטה, ולשון קצרה הוא. ואפשר לומר אָסְפוּ כמו נאספו. ודומה לו (תהלים קה, כה) “הפך לבם לשנוא עמו”, שהכוונה נהפך. אבל עדיף להגיה אֻסְפוּ מבנין פֻעַל אם כי לא מצינו דוגמא לזה במשמעות זו I must note, however, that while R. Mazuz’ understanding of Ps. 105:25 is in line with the Targum, this is not how the standard Jewish translations understand the verse.

(Shortly before writing this, I read about the outrage taking place in Emanuel, where in the local Beit Yaakov Sephardi students are being segregated from Ashkenazim to the extent that the two are not even permitted to play together. The Shas party has referred to this as nothing less than Apartheid, which it surely is.[22] What’s next? Mehadrin buses where the Sephardim sit in the back? Of course, when this happens the justification given will once again be that Ashkenazim are on a higher spiritual level and that’s why they can’t sit with Sephardim, not that they are racist, chas ve-shalom.

I mention this because R. Mazuz has made a comment that is relevant in this regard. Speaking to Ashkenazim who like to imagine the tannaim as “white”, he has called attention to Negaim 2:1, where R. Yishmael states that Jews are neither black nor white, but in between. In other words, the tannaim looked like Sephardim.)

2. One of the e-mails to me stated that we Modern Orthodox types love to criticize Artscroll, but how come we never point out errors in the Rav’s works. I can’t speak for anyone else, and it is true that the Rav has now assumed hagiographic standing, meaning that it has become much harder to criticize him or point out supposed errors in his works. However, if I detect what I think is an error I will definitely call attention to it, and I believe the Rav would expect as much, for this is a sign that you are taking his writing seriously. If the Rambam could make careless errors (the focus of a large section of my forthcoming Studies in Maimonides and His Interpreters, available for pre-order on Amazon for only $8) then anyone can err, and it is no disrespect to call attention to these errors. There are actually a number of seforim which have sections in which they call attention to careless errors or things overlooked in the writings of various aharonim.

I understand why students of the Rav and his modern day hasidim might be reluctant to do so, but I never had any real relationship with him and can approach matters as an outsider. My only connection to the Rav was one summer in the Boston (1985, the last year of the kollel. When I lived in Brookline in the 1990’s the Rav was no longer well). I was, however, privileged, together with Rabbi Chaim Jachter, to drive him back and forth to the Twersky’s house, and was thus able to hear some memorable things from him which I will record in a future post at the Seforim blog.

While on the topic of the Rav, let me also state that I used the Rav’s Machzor on Yom Kippur. I found the commentary uplifting and great credit must go to Dr. Arnold Lustiger for the effort he put into the volume. But there is one thing in the Machzor that annoyed me. It relates to what is called Hanhagot ha-Rav. This section includes all of the various practices of the Rav. This is certainly worth knowing and it wouldn’t have bothered me had it simply appeared at the beginning of the Machzor. But that is not the case.

Before I explain the problem, let me start with the following: A number of years ago I asked Prof. Haym Soloveitchik what the practice of his father was in a certain matter. His response was short and crisp. He told me that he never answers questions about his father’s hanhagot, and that to do so would be in total opposition to his father’s outlook.

I assume that today, if it was clear that my concern was of an academic nature, he would be more forthcoming. But back then I was another unknown kid writing to him trying to find some interesting practice of the Rav.

The way I understood Prof. Soloveitchik is that his father, like many gedolim, had practices that diverged from the mainstream. They came to these practices based on their original reading of the sources. Yet these were entirely private practices, reserved at most for other family members and perhaps some very close students. Because they went against the mainstream, they were not for mass consumption. Along these lines, R. Zevin reports, in his article on R. Hayyim Soloveitchik in his Ishim ve-Shitot, that it was such an outlook that explained why R. Hayyim did not want to decide practical halakhah. His original mind would lead him to overturn many accepted halakhot, yet he was not prepared to do so.

Returning to my problem with the Rav’s Machzor, we are told the following in this book: The Rav reversed the order of the ,in the Amidah ולירושלים final two phrases in the benediction ובנה אותה prior to saying וכסא דוד מהרה לתוכה תכין saying This is the way the Sephardic siddurim .בקרוב בימינו בנין עולם have it, but certainly the Rav did not expect the entire Ashkenazic world to abandon their long-standing practice because of his practice. Yet when this paragraph (in minhah before Yom Kippur and maariv following Yom Kippur) appears there is a note telling people how the Rav read it. This is certainly encouraging people to abandon the Ashkenazic tradition in favor of the Rav’s reading. From all that I know about the Rav, this is not something he would have wanted. Another example is that we are told that the Rav omitted the as it is post-Talmudic. What possible הנותן ליעף כח blessing purpose can such information have when provided on the page where this blessing appears, other than to lead people to omit the blessing? Is one to assume that the Rav really wanted people to reject the universal Ashkenazic practice? The Rav never got up at an RCA convention and told people that this is what they should do. Even at the Maimonides minyan and school there is no official minhag to omit this blessing. R. David Shapiro reported to me that almost all those who daven from the amud at the Maimonides synagogue minyan recite the blessing, and everyone does so at the Maimonides school minyan. Yet I wonder how many followers of the Rav are now omitting the blessing after seeing what appears in the Rav’s Machzor.

There are other examples, and as I said above, I don’t believe that this information should be secret. However, when you put it on the relevant pages of the Machzor, where the instructions to the worshipper are designed to be for practical application, you are telling people that if they see themselves as followers of the Rav, then they should follow his practices.

Since my correspondent made the false assumption that I would never point out an error of the Rav, and indeed almost challenged me, let me offer one. In Halakhic Man, page 30, in writing about halakhic man’s relationship with transcendence, the Rav writes:

It is this world which constitutes the stage for the Halakhah, the setting for halakhic man’s life. It is here that the Halakhah can be implemented to a greater or lesser degree. It is here that it can pass from potentiality into actuality. It is here, in this world, that halakhic man acquires eternal life! “Better is one hour of Torah and mitzvot in this world than the whole life of the world to come,” stated the tanna in Avot [4:17], and his declaration is the watchword of the halakhist.

I am not an expert in scholarship on the Rav,[23] so I may have missed it, but I have not seen any articles on Halakhic Man which call attention to the fact that the Rav has misquoted Avot. What the Mishnah says is “Better is one hour of repentance and good deeds in this world than the whole life of the world to come.” Also surprising to me is that the learned translator did not mention the problem with the Rav’s quotation.[24] Is it possible that the Rav’s intellectualism בתשובה and “halakho-centrism” led him to unknowingly replace ?בתורה ומצוות with ומעשים טובים

While on the topic of the Rav, which is always of interest to people, let me note another error in the Rav’s writings, although this time the printer is at fault.[25] It has been reprinted a number times and the sentence has also appeared in translation. I realize that it is difficult to say that a text that appeared in the Rav’s own lifetime a few times without correction is a mistake, so I would love to be proven wrong. Yet it does seem that we are confronted with a typo. I would assume that the Rav never knew of the mistake, since people often don’t read their own material after it appears in print. In “U-Vikashtem mi-Sham”[26] the Rav writes:

אבא מרי דיבר תמיד על אודות הרמב”ם. וכך היה עושה: היה פותח את הגמרא; קורא את הסוגיא. אחר כך היה אומר כדברים האלה: זהו פירושם של הר”י ובעלי-התוספות; עכשיו נעיין נא ברמב”ם, ונראה איך פירש הוא. תמיד היה אבא מוצא כי הרמב”ם לא פירש כמותם ונטה מן הדרך הפשוטה the text should הר”י Can there be any doubt that instead of ?רש”י read

R. Aharon Kafih, in his new book Minhat Aharon, 416, calls attention to a similar type of error in Shiurim le-Zekher Abba Mari, 1:14-15, n. 5 (I don’t have this book, so I can’t determine if Kafih is correct). Here the Rav writes: ועיין ברמב”ן סוף מס’ פסחים (במלחמות) שמתוך דבריו וביאורו בירושלמי . . . עולה שאם לא קרא את ההלל בביהכ”נ חייב לברך על ההלל בהגדה Kafih writes:

אחר המחילה נראה שיש כאן טעות, ומדובר בר”ן ויובאו דבריו לקמן בגוף החיבור ד”ה וזה שאמרו בירושלמי 3. A few people asked me about R. Mazuz’s reference to the homosexual poem in Judah Al-Harizi’s Tahkemoni (see my previous footnote 15, here). The relevant section, which appears in Gate 50, reads as follows

לאיש עשה שיר מלא זמה וטומאה

לו שר בנו עמרם פני דודי מתאדמים העת שתות שכר ויפי קוצותיו והוד יופיו לא חק בתורתו ואת זכר

The translation is:

To a man who wrote a poem full of filth and lewdness

Were Amram’s son to see my friend’s face Blushing when he drinks strong drink And for the loveliness of his locks and the splendor of his beauty He would not have inscribed in his Torah “If a man lie with mankind” (cf. Lev. 20:13).[27]

Following this, Al-Harizi, quotes the poems of nine others, and himself, who condemn the homosexual poet. Some contemporary readers might be shocked to see the language used. It is certainly not anything that those preaching a message of “hate the sin and love the sinner” vis-à-vis the gay community – and this includes R. Chaim Rapoport, the world’s expert on halakhah and homosexuality – would endorse. For example, one of the poems reads:

מוכר קדושת אל בעד טומאה מהר ליד הורג יהי נמכר He who sells the sanctity of God for defilement Let him quickly be sold into the hand of the slayer.

Another reads:

שדי שלח מהר עדי מות האיש אשר דתך בחטא מכר Almighty, deliver speedily into the hand of death The man who has sold Thy law into sin.

In fact, all of the poems quoted by Al-Harizi call for the gay poet to be struck down, in one way or another.

The gay poet speaks of the face of the young man, and this is actually a popular theme. In particular, the poets focus on the cheeks. There are a number of examples of this in R. Moses Ibn Ezra and Ibn Gabirol, but let give two examples from R. Judah Halevi:

מלחייו עדן בשמי כאשר מעיניו סמי This means “From his cheeks is my spice garden, as poison comes from his eyes.”[28] Brody notes that the first part is לחיו working off Song of Songs 5:13, where the woman says His cheeks are as a bed of spices.” The last“ ,כערוגת הבושם section means, to use a modern expression, “his look can kill.” That is, if he gives you non-approving look, it is crushing.

Elsewhere, Halevi writes:[29]

לחי כרצפת אש ברצפת שש In Norman Roth’s translation: “Cheeks like coals of fire on a pavement of marble,” or as he paraphrases, “ruddy cheeks on pale skin.”[30]

I was asked about the meanings of these poems. I am hardly expert in this area and must leave it to others to determine the exact sense. There has been some dispute about them, although the current scholarly consensus is not something that will make the Orthodox community very happy.[31] I would like to believe that Nehemiah Allony is correct that all of these poems are to be understood as simple imitations of the dominant Arabic style, or as akin to the Song of Songs, where the love poems are to be understood allegorically as symbolizing spiritual matters. R. Shmuel ha-Nagid actually says this explicitly about his poems dealing with man-boy love.[32] (I think we can all agree that writing such verse today will certainly, and deservedly, get a rebbe fired![33])

The issue of homosexuality in the medieval Jewish world even came into the great conflict between R. Saadiah Gaon and David ben Zakkai. This was because the future gaon of Pumbeditha, R. Aaron ben Joseph ha-Kohen Sargado, who was on David ben Zakkai’s side, accused R. Saadiah of having homosexual relations with young men. If that is not bad enough, he adds that this was done with in the room and that witnesses can attest to it![34] This is, of course, an abominable accusation, and Harkavy, in his introduction (p. 223), apologizes for having to print what he terms

דברי שמצה ונבול פה שאין הנפש היפה סובלתם Of course, this is hardly the first example of rabbis, even great ones, hurling outrageous accusations at each other, but it is hard to find anything more disgraceful than this. The only example I can think of that is in this league is found in R. Jacob Emden’s Hit’avkut, 76b-77a, where he publicizes the disgusting accusation that R. Jonathan Eybeschütz fathered a child with his own daughter! If that’s not bad enough, this horrible story is repeated by R. Marvin Antelman in his Bekhor Satan, 37-38. (Antelman and his unusual writings deserve their own post at the Seforim blog.) It was regarding this sort of mudslinging that R. Zvi Yehudah Kook is quoted as follows (Gadol Shimushah [Jerusalem, 1994], 20):

הדגיש בכאב עצום שתחילת המחלוקות החריפות בין גדולים מעבר לאמות מידה מקובלות של מחלוקות, התחילו מבית-מדרשו של רבי יעקב עמדין Academic scholars such as Scholem have also noted the destructive affect on traditional Jewish society of the battle against Sabbatianism in general, and the Emden-Eybeschütz conflict in particular.

4. Since in my earlier post at the Seforim blog on the Eshkol I mentioned R. Yitzhak Ratsaby, and his negative attitude towards R. Joseph Kafih, I should note that one of Kafih’s students, R. Aharon Kafih (no relation) has recently published his Minhat Aharon.[35] On pages 211 n. 13 and 255 n. 45, there are some very strong attacks on Ratsaby, even accusing him of plagiarism. He also mentions how Ratsaby, when he needs to quote something from R. Yihye Kafih (known among his followers will omit the last name so that people won’t ,(מו”ר הישיש as know to whom he is referring. As Tamir Ratzon has pointed out, in the 1970’s Ratsaby referred positively to R. Joseph Kafih,[36] yet unfortunately, this is no longer the case. In fact, R. Aharon Kafih reports that Ratsaby tells people that it is forbidden to have any of R. Joseph Kafih’s books, and they must be burnt![37]

This dispute between Ratsaby and Kafih is simply a continuation of the great Yemenite dispute over the legitimacy of . It began with Kafih’s grandfather, R. Yihye, who stood at the head of the anti-Kabbalah forces.[38] Matters reached such extremes that the pro-Kabbalah side was successful in having R. Yihye thrown into jail (much like some mitnagdim conspired to have the same done to R. Shneur Zalman of Lyady). Here is the cover of a rare pamphlet published about 20 years ago. It is directed against both R. Yihye and R. Joseph. 5. In my earlier post at the Seforim blog I referred to the anti-Habad book Ve-Al Titosh Torat Imekha. A few people asked me how they can get this book. The author, who wishes to remain anonymous so that he can be spared the personal price paid by anyone who goes up against Habad messianism, told me that when I quote his letter (see below). I should also announce that anyone who is interested in the book should write to him at the following address

הרב יב”א הלוי, ת”ד 57615, ירושלים This book is interesting because you see that the author is somewhat conflicted. On the one hand, he recognizes how great the Rebbe was and all the positive things Habad has accomplished. On the other hand, he sees what is going on today and reluctantly concludes that the Rebbe himself crossed the line into heretical statements. I asked him why, if he thinks the Rebbe advocated heretical notions, he still shows him great respect? Why doesn’t he treat him as an enemy of traditional Judaism, as he would all others who advanced heresy? He wrote to me as follows.

זו אכן שאלה שכבר נשאלתי עליה מרבים וטובים, והתשובה היא שאם היה מדובר בסתם אדם אז בודאי שאסור להתייחס אליו בכבוד, לעומת זאת הרבי האחרון מחב”ד, שלמרות הבקורת העזה עליו, הוא ג”כ עשה פעולות גדולות והפיץ הרבה תורה בעולם, ולכן צריך לחפש ללמד עליו זכות (הגם שאני בעצמי אינני יודע מה אפשר לומר עליו זכות במה שכתב שהוא “מרגיש” שהקב”ה התלבש בו). ולכן העדפתי לעשות פלגינן, אליו אישית להתיחס בכבוד, ולעומת זאת לכתוב שדבריו הם מנוגדים לי”ג עיקרים, ומי שרוצה להסיק מזה מסקנא לגבי הרב בעצמו עושה זאת על דעתו, כי באמת לא ידוע לי איך צריך להתיחס למי שמצד אחד כתב דברים נוראים ומצד שני הפיץ הרבה תורה, ודוק והבן So Rabbi Halevi feels that the Lubavitcher Rebbe denied certain of Maimonides Principles and yet he won’t regard him as a heretic because of all the good he accomplished. Once again, theological error in the Thirteen Principles, and the consequences that are supposed to result from this, have been trumped by other considerations. I don’t know how many more examples I need to bring where even the most traditional scholars are not prepared to accept Maimonides’ statement that rejection of one his Principles ipso facto removes one from the faith.[39] Of course, followers of the Rebbe will deny that he has violated any of Maimonides’ principles, but what is important for my purpose is that Rabbi Halevi has no doubt, and elaborates at length, on how the Rebbe has indeed done so. Yet despite this, he still does not regard him as a heretic.

6. In my earlier post at the Seforim blog I wrote that it is unfortunate that one of the only things R. Joseph Messas is known for is being the posek who permitted married women to uncover their hair. Someone wrote to tell me that he was not the only Moroccan rabbi to do so, as R. Moshe Malka, the late of Petah Tikvah, also ruled this way in his responsa Ve-Heshiv Moshe. (Malka published six volumes of responsa entitled Mikveh ha-Mayim; I don’t know why, for his last volume, he picked a new title). The correspondent began his e-mail regarding Malka by noting “I don’t know if you are aware . . . ” In fact, I am well aware of Rabbi Malka’s teshuvot on this topic, as they were addressed to someone I know very well. Since not everyone has access to the volume, here are the responsa. A quick internet search revealed that R. Irving Greenberg picked up on this source.[40] (He obviously saw it in one of R. Michael Broyde’s articles, as Greenberg also cites R. Yehoshua Babad, whose understanding of women’s hair-covering has been one of the bases for Broyde’s own lenient opinion in this matter, and it was Broyde who first publicized Babad’s view.)

7. In my last post at the Seforim blog I mentioned that the in Yigdal is found in Birnbaum but not וכל נוצר יורה version in earlier sources. Noam Kaplan pointed out that this is incorrect and that it is found in at least two early siddurim.[41] It is incredible that Abraham Berliner, who was an expert in manuscripts and early prayer books, overlooked this. R. Mazuz was also unaware of this version, and the as an alternate. I וכל נוצר יודה Siddur ha-Meduyak only gives am grateful to Noam for the correction. It is a good illustration of how the accumulated knowledge of many readers is a great help to all of us.

8. In my first post on the Eshkol, I raised the issue of whether one can accept a pesak even if one is convinced that it is incorrect from the standpoint of modern scholarship. I quoted Prof. David Berger’s view that it is acceptable to do so. Subsequently, I found that Berger also discusses this matter in a recent essay, where he raises the problem without advocating any position.

In the realm of concrete decision-making in specific instances, it is once again the case that the impact of academic scholarship does not always point in a liberal direction. In other words, the instincts and values usually held by academics are not necessarily upheld by the results of their scholarly inquiry, and if they are religiously committed, they must sometimes struggle with conclusions that they wish they had not reached Thus, the decision that the members of the Ethiopian Beta Israel are Jewish was issued precisely by rabbis with the least connection with academic scholars. The latter, however much they may applaud the consequences of this decision, cannot honestly affirm that the origins of the Beta Israel are to be found in the tribe of Dan; here, liberally oriented scholars silently, and sometimes audibly, applaud the fact that traditionalist rabbis have completely ignored the findings of contemporary scholarship.[42]

I have to say that I too struggled with this question, as I was involved in the Ethiopian Jewry cause.[43] My first trip there, in 1987, was memorable, as we were the first group allowed into the villages of Gondar after Operation Moses. (It was also great to be together with Rabbi Dr. Ari Zivotofsky, who in recent years has done such important work on various communal traditions that are in danger of being forgotten.) Yet I vividly recall how even then, when I was quite young, I knew that the notion of the Ethiopian Jews being descended from Dan was a legend without any historical value. The Ethiopians themselves never claimed that they had any connection to the tribe of Dan.

The legend goes back to Eldad ha-Dani and was accepted as authentic by the Radbaz.[44] Based on this, and some other sources that accepted this spurious identification, R. Ovadiah Yosef declared the Ethiopian Jews halakhically Jewish. I regarded R. Ovadiah as a hero for taking this step. Truth be told, I didn’t care how he arrived at this decision; I was just happy he did. My attitude was that it is not for me to be mixing in on these matters, even if I know that certain things being stated don’t stand up to scholarly scrutiny. After all, halakhah operates as an independent discipline with its own rules. The halakhic “truth” need not be identical with what an outsider observer would regard as truth.

Notes:

[21] See R. Meir Mazuz’ note in R. Hayyim Amselem, Minhat Hayyim, 2:15. Incidentally, Amselem is currently a Shas party member of the Knesset. See here.

[22] See here.

[23] Despite this, I am happy to report that I recently discovered a number of interesting letters from the Rav which Prof. Haym Soloveitchik kindly gave me permission to publish. Other than this, my only contribution to studies of the Rav – and I record this only to set the historical record straight – was in locating the material relating to the Rav’s time at the University of . I gave copies of it to both Dr. Atarah Twersky and the late Dr. Manfred Lehmann for him to publish it in his weekly column in the English section of the Allgemeiner Journal. (How I came to know Dr. Lehmann and why I gave him the material is a story unto itself.) This then became his famous article, “Rewriting the Biography of the Rav,” which has been referred to many times. Seehere . I am never mentioned in the article, and he even writes, with reference to the Rav’s diploma: “But the fact that it is still housed in Berlin, where I got the copy, might indicate that the Rav never received it, or that he got the original while a copy was kept in the Berlin file — which, together with all other correspondence — survived the war and the near-destruction of Berlin” (emphasis added; when I gave her the material, Dr. Twersky told me that she already had a copy of the diploma). In R. Rakefet’s biographical introduction to his book on the Rav, page 68, he writes: “The author’s student Marc B. Shapiro obtained a copy of a curriculum vitae prepared by the Rav for the University of Berlin while engaged in research for his doctoral dissertation on Rabbi Jehiel Jacob Weinberg. Dr. Manfred Lehmann later published this information about the Rav. . . .”

[24] Lawrence Kaplan went through the entire English translation of Halakhic Man with the Rav. See his “On Translating Ish ha-Halakhah with the Rav: Supplementary Notes to Halakhic Man,” The Commentator (10/23/06), available online. We can therefore view Lawrence Kaplan’s edition as an authorized translation. This makes Marvin Fox’s criticism of one of Kaplan’s translations a bit strange, unless Fox assumed that the Rav didn’t always pay the closest attention to what was in the English. See Marvin Fox, “The Unity and Structure of Rav Joseph B. Soloveitchik’s Thought,” Tradition 24:3 (Spring 1989): 63, n. 7.

[25] I should also note two errors the Rav made in his evaluation of communal matters. 1. He was strongly opposed to changing the charter of YU and turning RIETS into an “affiliate.” Dr. Belkin had been assured by the lawyers he consulted that the change was only a technicality, and that the school would continue to run no differently than before. Yet there were a few hotheads who had the Rav’s ear and had convinced him that this meant the end of as a real Torah institution. The story of how the Rav, in front of hundreds of people, challenged Belkin on this point, and how Belkin pulled the microphone away from him, has been repeated many times. I have been told (although I don’t know if it’s true) that following this episode YU refused to permit the Rav to speak at university events. With the benefit of hindsight, it is obvious that Belkin was correct and the character of YU did not change. (This reminds me of the doomsayers, and those who were saying tehillim, when it was announced that a non-rabbinic figure would become president of YU. Here again, nothing changed). 2. The second example is the Rav’s firm belief, and in this he was in agreement with R. Jehiel Jacob Weinberg, that a haredi society, and certainly real hasidic societies, could never flourish in the U.S. Here too he was mistaken (as were most observers). This latter error is very important for the Rav’s right-wing students, for they would like to believe that as he saw the development of American Orthodoxy in the 1970’s his view about the necessity for higher secular education changed. One of his leading students has stated on a number of occasions that the Rav could not be a part of Agudah in the 1950’s because the organization opposed all secular education. But today the Agudah convention is filled with lawyers and other professionals, and therefore the Rav would have no reason to leave Agudah – as if the Rav’s position on religious was not an important factor of his Weltanschauung. For the haredi world, one of the Rav’s great errors was his description of the differences between the Chazon Ish and the Brisker Rav, as expressed in the eulogy he delivered for the latter. During this eulogy R. Dovid Cohen famously screamed his protest at what he thought was the disrespect shown to the Chazon Ish. The Rav’s wife yelled that he should be taken out, and none other than R. David Hartman physically forced Cohen out of the hall. A few weeks ago R. Rakefet faxed me some pages from a new book on the Brisker Rav. Lo and behold, this hagiography says exactly what the Rav said, to wit, the Chazon Ish was prepared to engage in some flattery vis-à-vis Ben Gurion for the sake of kelal Yisrael, but the Brisker Rav was such an ish emet that no matter how good the cause he couldn’t bring himself to do this.

[26] Joseph B. Soloveitchik, Ish ha-Halakhah: Galui ve-Nistar (Jerusalem, 1979), 230.

[27] The translation is that of Victor Emanuel Reichert, The Tahkemoni of Judah al-Harizi (Jerusalem, 1973), 2:404-405 (with slight changes).

[28] Judah ha-Levi, Divan, ed., Heinrich (Hayyim) Brody (Berlin, 1894-1930), 15.

[29] Ibid., 31.

[30] Norman Roth, “‘Deal Gently with the Young Man’: Love of Boys in Medieval Hebrew Poetry of Spain,” Speculum 57:1 (1982): 47.

[31] See Raymond P. Scheindlin, Wine, Women, and Death: Medieval Hebrew Poems on the Good Life (New York, 1986), 77-89.

[32] See Nehemia Allony, “The ‘Zevi’ (=Nasib) in the Hebrew Poetry in Spain,” Sefarad 23 (1963): 311-321. Norman Roth, “‘My Beloved is like a Gazelle’: Imagery of the Beloved Boy in Religious Hebrew Poetry,” in Wayne R. Dynes, and Stephen Donaldson, eds., Homosexuality and Religion and Philosophy (New York, 1992), 271-293, only sees allegory in the religious poems, not the shirei hol.

[33] Part of the problem in responding to the current scandal of sexual abuse is that halakhah, as it has been understood in the past, often stands in the way. For example, R. Menachem Mendel Schneersohn (the third Lubavitcher Rebbe) in Tzemah Tzedek, Yoreh Deah, #237, was asked the following question: A rabbi was playing with a young man on Purim and stuck his hands into the pants of the youth. The rabbi claimed that he did so because he was unable to perform sexually. He thought that this was due to his small testicles and he wanted to see if he was unusual in this regard. In other words, the rabbi was conducting a medical examination on the boy. The Tzemah Tzedek decided that the rabbi should not be removed from his position, as he provided a good explanation for his behavior. One can only wonder how many other boys were subjected to this rabbi’s medical examinations. Regarding another problematic decision, this time by the Aderet, seehere .

[34] Abraham Harkavy, ed., Zikaron la-Rishonim (St. Petersburg, 1892), 5:230. Henry Malter writes as follows about R. Aaron ( [Philadelphia, 1942], 113, 114):

This man hardly deserves the respect and consideration usually accorded to him by modern authors. He may have been a great scholar, as is attested by contemporary sources, and he may also have possessed other good qualities – liberality, devotion to communal interests, and the like. But from all that is related of him in the same sources, he was also a man of violent, quarrelsome, and vindictive temper, and of an absolutely tyrannical bent of mind. . . . Morbidly vainglorious and ambitious, he bore a grudge against the generally admired scholar [R. Saadiah], which may have been enhanced by the latter’s independent spirit and perhaps open disregard for his person.

[35] It is only recent years that scholars have begun to take advantage of Kafih’s enormous contribution to the study of the Mishneh Torah, and R. Aharon Kafih is at the forefront in this area.

[36] “Maharitz u-Minhagei Sefarad,” Mesorah le-Yosef 1-2 (Netanya, 2007), 121, n. 69.

[37] For R. Ovadiah Yosef’s recent condescending reference to Ratsaby, see here. [38] The most recent article on the topic is Mark S. Wagner, “Jewish Mysticism on Trial in a Muslim Court: A Fatwa on the Zohar – Yemen 1914,” Die Welt des Islams 47:2 (July 2007): 207-231 (called to my attention by Menachem Butler). Here is a famous picture of R. Yihye. It is hanging in R. Joseph Kafih’s

house and was sent to me by a friend.

[39] At my request, Rabbi Daniel Eidensohn asked R. Moshe Sternbuch to explain how he can declare that R. Nosson Slifkin’s ideas are heresy, but Slifkin himself is not to be regarded as a heretic. He replied that he holds like the Ra’avad, i.e., that kefirah be-shogeg does not turn a person into a heretic.

[40] Nancy Wolfson-Moche, ed., Toward a Meaningful Bat Mitzvah (Florida: Targum Shlishi, 2002), 30, available online here.

[41] See here (Bologna, 1540), 28, and here (Lisbon, 1490), 10.

[42] “Identity, Ideology and Faith: Some Personal Reflections on the Social, Cultural and Spiritual Value of the Academic Study of Judaism,” in Howerd Kreisel, ed., Study and Knowledge in Jewish Thought (Beer Sheva, 2006), 27.

[43] I also wrote two articles on the topic. See my “Return of a Lost Tribe: The Unfinished Exodus of the Ethiopian Jews,” The World & I 3 (April 1988), availableonline ; and “The Falasha of Ethiopia,” The World & I 2 (December 1987), available online.

Contrary to what it says at the beginning of these articles, I didn’t live with the Ethiopian Jews. Unfortunately, the online versions do not contain the beautiful pictures I took. Here are a few pictures (the men were religious leaders of the village). The book in strange script is the Torah written in Ge’ez. My second trip to Ethiopia was in August 1991, a few months after the overthrow of the Mengistu communist regime. There was still a nighttime curfew in effect during this period and I did not go with a group. While in Addis Ababa I was lucky to become friendly with Asher Naim, the Israeli ambassador. Although this is a story worth telling, for now let me simply recommend his book Saving the Lost Tribe: The

Rescue and Redemption of the Ethiopian Jews.

[44] In his famous letter urging that the Ethiopian Jews be rescued, R. Moshe Feinstein also expresses doubts about whether the Radbaz’ information about their origin was accurate. See here.

I can’t find R. Moshe’s letter in Iggerot Moshe (although a different letter, dated one day later, is found in Iggerot Moshe, Yoreh Deah 4, # 41). Marc B. Shapiro – Forgery and the Halakhic Process, part 2

Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is the author of Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884-1966 (London: Littman Library, 1999), The Limits of Orthodox Theology: Maimonides’ Thirteen Principles Reappraised (London: Littman Library, 2003) and Saul Lieberman and the Orthodox (University of Scranton Press, 2006).

Prof. Shapiro is a frequent contributor to the Seforim blog and his recent posts include: “Uncensored Books”; a response to Rabbi Zev Leff (with a subsequent exchange with Rabbi Mean?,” and ס”ט Chaim Rapoport); “What Do Adon Olam and obituaries for Rabbi Yosef Buxbaum and Prof. Mordechai Breuer.

This post is a follow-up to his recent Forgery“ and the Halakhic Process.”

Forgery and the Halakhic Process, part 2 by Marc B. Shapiro In this post I would like to finish up with Rabbi Zvi Benjamin Auerbach’s Eshkol. But first, I must clear up another matter about which I was asked, as I discussed it right at the beginning of my first post dealing with the Eshkol. I mentioned that the late fourteenth-early fifteenth-century kabbalist, R. Menahem Zioni, quotes R. Yehudah he-Hasid’s comment that a section of the original Torah was removed by David and placed in the book of Psalms. After being shown this passage, as part of the effort to defend the authenticity of R. Yehudah he-Hasid’s commentary, R. Moshe Feinstein replied that Zioni’s commentary was also forbidden to be used.[1]

R. Moshe also writes that he doesn’t know who R. Menahem Zioni is. Presumably, this is designed to show Zioni’s insignificance, and make it easier for R. Moshe to ban his book. The problem is that Zioni is hardly an unknown figure; his commentary on the Torah is actually quite famous. He was also “one of the few kabbalists in 14th-century Germany.”[2] For R. Moshe to state that he is unfamiliar with Zioni is an acknowledgment that he is not particularly learned in Kabbalah. I don’t think anyone should find this surprising, much like they shouldn’t find it surprising that R. Moshe was not a savant of . He was an ish halakhah, and his time was spent focused on Shas and Poskim. Just as the Rav reports that R. Moshe Soloveitchik never held the Rambam’s Guide, we can also say about R. Moshe Feinstein that his interests were in line with the typical Lithuanian gadol, and that meant that Talmud and halakhah were what he devoted himself to.

While I don’t find R. Moshe’s lack of knowledge about a medieval kabbalist surprising, not all share this sentiment. After my last post someone wrote to me asking if it is true that R. Menasheh Klein rejected R. Moshe’s disqualification of Zioni. This is indeed true, and Klein’s responsum appears in his Mishneh Halakhot, new series, vol. 2, no. 214. Klein also points out that Zioni is quoted in halakhic sources, including the Magen Avraham, and he adds:

הציוני מקדמוני בעלי המקובלים וגדולי הפוסקים גאון וקדוש ה’ ואשרי מי שזוכה להבינו ולחקרו וללמדו, וח”ו להוציא לע”ז על קדוש ה As to how R. Moshe could have banned such a work, Klein has his own solution: “I don’t believe that these words came from the Gaon R. Moshe, but in my humble opinion a mistaken student wrote them and placed them among his papers after his death.” He also states that it is impossible for him to believe that R. Moshe never heard of Zioni since he is quoted in the commentaries on the Shulhan Arukh, and R. Moshe knew the Shulhan Arukh backwards and forwards. He concludes that God should forgive the one who is responsible for what appear in Iggerot Moshe, that which is now falsely attributed to R. Moshe.[3] This is, of course, comical. R. Moshe insists that Zioni’s commentary should be banned, and Klein insists that R. Moshe never wrote this. The fact that the relevant volume of Iggerot Moshe was published in R. Moshe’s lifetime and the letter in which he writes against Zioni was sent to Rabbi Daniel Levy of Zurich and is dated 1976 does not deter Klein is what is surely one of the strangest things to appear in his volumes of responsa (which contain a good many strange things[4]).

As for R. Yehudah he-Hasid’s commentary, which R. Moshe also banned, Klein writes as follows (Mishneh Halakhot, vol. 16, no. 102):

מהעתקת הציוני כת”י של רבינו יהודה החסיד זה הוא עדות נאמנה גם על הכת”י של רבינו יהודה החסיד שהוא קודש קדשים וח”ו לרחקו ולומר שמינים כתבוהו R. Moshe’s rejection of the commentary of R. Yehudah he-Hasid is not entirely unexpected. In fact, there are about ten different places where R. Moshe denies the authenticity of an earlier text because it does not agree with his preconceptions. In a future post I hope to list all of these examples, which show that R. Moshe could be quite daring (and this led to sharp responses to him by other poskim). Yet, as with R. Yehudah he-Hasid, every one of the texts that R. Moshe rejects is unquestionably authentic. In at least one of the cases we even have the author’s own manuscript. A number of years ago I was studying R. Mordechai Spielman’s Tiferet Zvi. This is a multi-volume commentary on the Zohar which shows incredible bekiut. In fact, the Zohar is often just a springboard for the learned author to discuss all sorts of Torah matters. His first book, Tziyun le-Nefesh Tzvi, shows the same characteristics, and it is devoted to the issue of whether kohanim can go to the graves of tzadikim. While most poskim rule that they cannot, there is also a tradition, popular among the kabbalistically inclined, that tzadikim are exempted as they do not cause impurity. In one of his final articles, the late Prof. Israel M. Ta-Shma dealt with this issue.[5]

I noticed that Spielman cited Zioni and was curious to hear his reaction to R. Moshe’s teshuvah. In a lengthy letter, dated July 14, 1994, in which he discussed a variety of matters, he wrote:

וכשהייתי לפני כמה שנים בירושלים עה”ק ובקרתי אצל מרן פוסק הדור מו”ה ש”ז אויערבאך הנ”ל הסכים עמי ואמר לי בפירוש במעמד א’ מיקירי רבני ירושלים עה”ק שליט”א שאין הצדק עם הגאון ר’ משה זצ”ל לאסור למכור את הספר הקדוש הזה [Quite by coincidence, a couple of years later my havruta at the Scranton yeshiva was the great-nephew of Rabbi Spielman. He told me that his uncle, who was a follower of the Munkatcher rebbe, R. Hayyim Elazar Shapira (and also a native of Munkatch), used to celebrate Thanksgsving each year. Such was his feeling of gratitude to be living in the United States.]

Returning to Auerbach’s Eshkol, the controversy really started when R. Shalom Albeck, in an open letter, later followed by his Kofer ha-Eshkol, accused Auerbach of forging the work. (Albeck himself, and his son Hanokh, later published the authentic Eshkol.) Yet it must be noted that Albeck was not the first to accuse Auerbach of this, as right after the work was published there appeared an anonymous article in He- Halutz[6] saying the same thing. There is a widespread assumption that this article was written by the outstanding scholar Raphael Kirchheim. Yet I don’t know how this assumption arose, as I can find no evidence to justify it. I believe that the author was Joshua Heschel Schorr, the publisher of the journal.

I must thank Rabbi Baruch Oberlander of Budapest[7] who called my attention to the fact that in another article in He-Halutz, eleven years later,[8] Schorr once again attacks Auerbach and his edition of the Eshkol. Among his choice words are the following:

וחטא למחבר הספר וחטא לקוראים ההוגים להתלמד, וחטא לאמת ולמי שחותמו אמת וחטא לנפשו, והוא עתיד ודאי ליתן את הדין ומי יודע אם יצא נקי בדין, כי אין מרחמין בדין Oberlander also called my attention to the following, which is quite interesting. In my previous post I quoted R. Shlomo Yosef Zevin’s assessment that Albeck was correct in judging Auerbach’s Eshkol a forgery. Yet in the Talmudic Encyclopedia, edited by Zevin, Auerbach’s Eshkol is cited! I wouldn’t be surprised if most of the people working on the various entries, who are all great talmidei hakhamim, have never even heard of the dispute over the volume. Unlike the case of Besamim Rosh, the reliability of Auerbach’s Eshkol is almost never mentioned in traditional rabbinic literature, and the great poskim continue to cite it as a rishon. Yet Auerbach’s Eshkol is also cited numerous times in the volumes that appeared while Zevin was still alive. How can one explain this? Auerbach’s Eshkol was shown to be a forgery in that it contained formulations taken from post-medieval works. In my last post I quoted R. Ratsaby’s comment in his letter to me that the work contains material from the Beit Yosef. Oberlander points out that R. Menahem M. Kasher, Torah Shelemah, 9:140, also raises this possibility.

באשכול הנדפס בכת”י ע”י ר”ש אלבעק דף 46, ליתא קטע זו וצ”ע אם אין זו הוספה ע”פ הב”י It is in this area, of post-medieval material in the Eshkol, that Prof. S. Z. Havlin has made a fascinating discovery. I refer to his article in Yeshurun 13 (2003), which should satisfy even the final doubters that the work is indeed a forgery. Havlin quotes a passage from R. Abraham ben ha-Rambam that is found in the Orhot Hayyim of R. Aharon of Lunel and also appears in Auerbach’s Eshkol. The question is obvious: How could the Eshkol, whose author, R. Abraham ben Isaac, died in 1159, quote anything from R. Abraham ben ha-Rambam. Of course, one could say that this is a later addition to the manuscript from someone who used the Orhot Hayyim. But as Havlin notes, this is no help either because where would this person have come across this text, as it is lacking from the standard edition of Orhot Hayyim and is today only found in one Jerusalem manuscript?

The answer is that the Beit Yosef cites this passage in the name of Orhot Hayyim (without noting that the Orhot Hayyim is quoting R. Abraham ben ha-Rambam). R. Joseph Karo had access to a manuscript of Orhot Hayyim which had this text, which, as mentioned, does not appear in the standard version of Orhot Hayyim. Auerbach saw this text in the Beit Yosef and simply incorporated it into his Eshkol, perhaps even assuming that this was another example of Orhot Hayyim quoting the authentic Eshkol, as he often does. Only now, when we have access to the Jerusalem manuscript of this work, do we see that Orhot Hayyim is actually quoting a teaching of R. Abraham ben ha-Rambam. This was information that Auerbach did not have, and explains how he could include it in his edition. R. Abraham ben Isaac was a great scholar (and father-in-law of the Ra’avad). Yet even he was not able to quote from works that would not appear until after his death.

Havlin concludes:

נמצא אפוא שיש בנוסח מהדורת הרב אויערבך הוספות שנבלעו בפנים בלא אות או סימן, שנעשו לא לפני שנת שי”א (1551), שבה הופיע לראשונה ספר בית יוסף I was asked to explain a bit about the Eshkol, vol. 4, that Bernard Bergman published. First some background: In the introduction to volume 3 of his edition of the Eshkol, Auerbach wrote that the halakhot of the Eshkol found in his manuscript that remained to be published were Hilkhot Yom Tov, Rosh ha-Shanah, Yom Kippur, Orlah, Kilayim, Hallah, Hekdesh, Vows and Oaths, Tzedakah, and Rabbinic laws. In his Kofer ha- Eshkol, Albeck, who insisted that Auerbach had no Eshkol manuscript but created his edition using various other sources (including the authentic Eshkol), challenged Auerbach’s supporters to at least produce Auerbach’s transcribed copy of his manuscript. It was asserted by Auerbach’s defenders that the original manuscript had been lost, presumably put into geniza by Auerbach’s family after the latter’s death, since they didn’t realize its value. But, Albeck claimed, certainly Auerbach must made a copy of the manuscript (if it really existed). Albeck’s request was never fulfilled, and it is obvious that all of Auerbach’s defenders, who were in close touch with his family, assumed that there was no such copy. Had anyone known of it, its existence would have been a central feature of the defense of Auerbach’s honesty.

In 1986 Bergman published volume 4 of Auerbach’s Eshkol, which contains some of the missing sections. This would appear to show that Albeck was not correct in his assumption, and accusation, that no such text existed. But its existence says nothing about the authenticity of Auerbach’s Eshkol. All it means is that Auerbach had written down certain sections, and added his commentary Nahal Eshkol which he had to do before publication. Even forgers have to present a written text to the printer!

With regard to Bergman’s volume, it is very curious that the reader is given no insight in the introduction as to where this manuscript came from (or even a picture of it). I can’t think of any other publication of a rishon where this information is not provided. I would not be surprised if some think that the new edition is itself a later forgery designed to protect Auerbach’s legacy. After all, how is it that Bergman came to this work when Auerbach’s family and defenders knew nothing about it? Despite these questions, I think that barring new evidence we should give Bergman the benefit of the doubt and assume that the manuscript did originate with Auerbach.

I realize that it was, and remains, hard for people to accept that a gadol be-Yisrael was capable of such an outrage, namely, forging the work of a rishon. I think we should simply assume that he had some sort of schizophrenic personality, and leave it at that. Even great Torah scholars sometimes do weird things.

It is of course understandable that people who knew Auerbach as a pious sage were not able to accept this. Professor Jacob Barth, who taught at both the Rabbinical Seminary of Berlin and the University of Berlin, and was one of the world’s leading Semitic scholars, is a perfect example of this phenomenon. Although he was R. Esriel Hildesheimer’s son-in- law and a leading figure in German Orthodoxy, he also had a critical mind and was not one to be led by convention. It was thus possible for him to argue that Isaiah 40-66 was a later addition, and to reject the talmudic dating of various post- biblical books. He even claimed that the Song of Songs was not originally intended as an allegory, a position that today would probably get him put into herem. Yet even this giant of critical scholarship could not approach the Eshkol problem objectively. Instead, he reflected on how forty years prior he had studied Talmud under Auerbach, and how much he was impressed by him, from both an intellectual and personal standpoint. As he put it, whoever had any contact with Auerbach knows that it is “absolutely impossible that he could have committed the smallest literary dishonesty.”[9] He concludes his essay by stating that the learning and character of Auerbach stand tall, despite the shameful attack of Albeck.

In my first post I noted that R. Hayyim Heller pointed out to the Rav that Auerbach’s Eshkol is a forgery. In this regard, it is interesting to mention something that appears in Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk. In recent years there has been great interest in “Brisk.” I am not referring to the Brisker method of Torah study which has been popular for a long time, but rather a great interest in the personal lives of the outstanding figures of Brisk.

As every bit of information is precious, and every book wants to offer new stories, it is important for the authors to look anywhere they can. Unfortunately, at least one such book has plagiarized from R. Herschel Schachter.[10] Another unfortunate element in these books is the lack of respect shown to figures who did not share the Brisker anti-Zionism. This is more understandable, as at times R. Chaim and R. Velvel themselves had negative views of the religious Zionist gedolim.[11] It would be censorship if their attitudes were not recorded properly, but most people reading this will still regard it as unfortunate that these great rabbis were not more tolerant. (The irony, of course, is that they are expected to be tolerant of those who supported what in their mind was bringing great devastation upon the Torah world.)

Speaking personally, I must say that some of the stories recorded in these books are so strange that I wonder if most people in this generation would be led to admire these figures more after hearing the stories, or if the result would be the opposite. For example, what is one to make of the following story, told in order to inspire awe of the Brisker Rav? Once he was served something which, while kosher, did not measure up to his standards. Upon learning of this, he immediately stuck his finger down his throat, causing himself to throw up on the host’s expensive rug. Rather than this upsetting the host, we are told that this further increased his admiration for the Brisker Rav.[12]

Can people today grasp what it means to be a pure ish halakhah of the sort the Rav describes in Halakhic Man, whose behavior can come across as very cold and unfeeling (e.g., R. Moshe Soloveichik’s rebuke of the Baal Tokea, and the story of R. Elya Pruzhener and his dying daughter)?[13] Another such example of this is the report that when one of R. Velvel’s sons died shortly after birth, and the family was crying, he was insistent that they stop their tears, since there is no avelut before thirty days.[14] Whether this type of pan- halakhism is inherently positive or negative I will leave to the judgment of others, but I think that in modern times it is clear that the average person who hears stories like this, even if he is a haredi, will not be spiritually inspired. I think that many times he will even be spiritually turned off, for obvious reasons.

I know that Rabbi Pinchas Teitz, who headed my high school, the Jewish Educational Center, didn’t like the similar sort of stories told about the Rogochover. He felt that people today would hear these stories and the only thing that would stay with them is that the Rogochover was eccentric. Since the point of stories of gedolim is to inspire respect and awe, telling stories that stress his eccentricity would therefore be counterproductive. For example, hearing about how the Rogochover threw a chair at R. Hayyim Ozer, or how he proclaimed that R. Yitzhak Elchanan didn’t know how to learn or that Tosafot is full of errors, are hardly the sort of tales that will inspire awe.

In fact there are many gedolim about whom R. Teitz’ point is applicable. I remember when a high school rebbe of mine got all excited telling the class about his trip to the Steipler, and how while he was there the Steipler chased another fellow out of the house. (Subsequently I learnt that this was not so uncommon). After the rebbe finished his story, no doubt thinking we would be impressed, one of the students blurted out something along the lines of “Do you think that was a nice thing to do?” Now I certainly am not going to judge the Steipler, and it is likely that the man was deserving of being thrown out, but the rebbe didn’t know the details and thought that it would be exciting to tell us high schoolers how the great Steipler lived up to his reputation as one who didn’t suffer fools. Yet the acculturated Modern Orthodox response was to wonder why he wasn’t a nicer person. In other words, Rabbi Teitz was correct about the need to be careful when it comes to telling the masses stories of gedolim.

To give another example, I recently read a hesped where R. Yitzhak Yosef recorded how the deceased talmid hakham, R. Moshe Levi, didn’t miss a moment of Torah study. He described how when R. Levi was at a communal meal he kept a book under the tablecloth, and every free second he could be seen be looking at it. The eulogizer saw that as something positive, whereas in my town, everyone would regard it as very rude. This point illustrates why I find haredi hagiography so fascinating, as it clearly reveals the culture gap between the haredi world and the Modern Orthodox world. Some of the stories that are told, and are part of haredi myth making, would be regarded with horror by the Modern Orthodox world.[15] How better to determine the ethos of a community than by seeing how it chooses to remember and praise its leaders? If anyone thinks that the Rav shared the Modern Orthodox ethos, just look at the stories he tells in Halakhic Man.

Sometimes truly horrible stuff is found in haredi “gedolim books” as well. Let me offer just one example. There is a very helpful book by Dov Ber Schwartz entitled Artzot ha-Hayyim (, 1992). This book contains short biographies of numerous American rabbis, a list of rabbinic books published in the United States, and an essay on Orthodoxy in America. Yet in the midst of the book, on page 52a in the note, one finds the shocking passage which you can see here, and which I am too embarrassed to translate. One can only hope that sentiments such as these are not very common among Schwartz’ fellow Satmar hasidim. Another real problem with all of the haredi hagiography is that one never knows if the stories are trustworthy. That doesn’t mean that the stories have no value, for even if gadol x never did what is recorded, the fact that this story is told about him reveals the mindset of the generation telling the story. In other words, we can adapt the point Neusner has made about talmudic tales of tannaim really telling us about the amoraim; late twentieth and early twenty-first-century tales of gedolim really reveal what the current haredi ethos is (especially since anything that doesn’t agree with this ethos will be censored.) While in many cases the stories told are strange and one wonders whether they are accurate, in some cases it can be determined with virtual, or even complete, certainty that they are false. Yehoshua Mondshine has authored a number of articles showing the falsehoods in (mostly) hasidic stories. Among the non-hasidic works he takes aim at is R. Barukh Epstein’s Mekor Barukh.[16] Mondshine’s prime concern is with the famous story recorded by Epstein about his father’s meeting with the Tzemah Tzedek, and Mondshine attempts to show that there is no reason to believe the report.

To this I would only add that, knowing Epstein’s reputation as a plagiarizer and how he manufactured stories, one should not take seriously any of his “recollections.” I know the feminists will be upset with this, but we must assume that the entire dialogue between him and Rayna Batya,[17] which shows her as a proto-feminist, is contrived and has no historical significance other than revealing that Epstein himself wanted to call attention to the sad fate of talented women who are not permitted to study Torah In the unlikely event that he does accurately portray Rayna Batya, all I can say is that the punishment of one who tells tall tales is that even when he tells a true story he is not believed. We must, however, remember that even when it comes to stories that are certainly false (and there are loads of them being invented all the time, and then repeated by the gullible), one should not be discouraged when reading them. Rather, one should keep in mind Saul Lieberman’s famous comment: “Nonsense is nonsense, but the history of nonsense is scholarship.”

What does all this have to do with Auerbach’s Eshkol? In Uvdot ve-Hanhagot le-Veit Brisk, 3:291, we are told in the name of someone who heard it directly from R. Velvel that when Auerbach’s Eshkol was published, “I [R. Velvel] immediately said that this is not the Eshkol.” R. Velvel is also quoted as saying that it was actually written by another rishon. Here is a perfect example of why these sorts of books are so unreliable. I am not saying that the person who reported this story is lying, only that he didn’t understand what R. Velvel said, or perhaps after forty years no longer remembered properly. I say this because R. Velvel never could have said what he is alleged to have said, as he wasn’t even alive when Auerbach’s Eshkol appeared in 1868. The only kernel of truth that can be gleaned from this text is that R. Velvel knew that Auerbach’s Eshkol was not the authentic Eshkol. Seeing how badly the informant messed up, I am not even willing to trust him that R. Velvel said that Auerbach’s Eshkol is the work of another rishon. Perhaps he only said that it contains information from rishonim, without committing himself to it being an authentic medieval work.

The great problem is what to do with pesakim that rely on Auerbach’s Eshkol. For example, the authentic Eshkol does not have hilkhot niddah, but Auerbach’s does. Unlike Saul Berlin, Auerbach was not simply making up pesakim and attributing them to rishonim. He was taking information in the Beit Yosef and other works and putting this in the mouth of the Eshkol. This is, of course, terrible, and in a halakhic sense it gives the authority of an aharon to a rishon. Yet when you have a pesak in one of the aharonim that relies on Auerbach’s Eshkol, I would think that it does not need to be thrown out because there is at least some important authority (e.g., Beit Yosef, Peri Hadash, etc.) who holds this position, even if it wasn’t the Eshkol. That said, I can only sympathize with those who have written articles or halakhic works and treated Auerbach’s Eshkol as authentic. The forger has all sorts of motivations, but at the very least he is guilty of genevat zeman, i.e., the time that people take in examining that which they think is a rishon, and wouldn’t have done had they known the truth. Time is precious, and the forger causes it to be wasted on falsehoods. Just think how much time was spent on the forged Yerushalmi Kodashim and Besamim Rosh that could have been spent in authentic Torah study. From an issue currently in the scholarly news, imagine how many thousands of hours have been spent on Morton Smith’s Secret Gospel of Mark, by scholars arguing both sides of the issue. If it turns out that Smith is a forger, even after his death he is playing havoc with people and their scholarly direction.

One very unfortunate example of this is Chaim Bloch’s collection of forged anti-Zionist letters, Dovev Siftei Yeshenim (3 vols., 1959-1965). Hermann Greive wrote an entire article based on these letters,[18] and shortly after his article appeared Shmuel Weingarten published his Mikhtavim Mezuyafim Neged ha-Tziyonut (Jerusalem, 1981), showing beyond any doubt that the letters are forgeries.[19] All the time spent by Greive in writing his article was of course never to be recovered, stolen from him by the worst type of scoundrel the scholarly world can produce. Years ago I had wanted to discuss this matter with Greive, but was shocked to learn that he had met an untimely death, killed by a deranged student.[20]

Notes:

[1] Iggerot Moshe, Yoreh Deah III, no. 114.

[2] Encyclopaedia Judaica, vol. 11, col. 1314 (s.v. Zioni, Menahem).

[3] In a later responsum, vol. 16, Yoreh Deah no. 102, he offers a far-fetched explanation of Zioni and R. Yehudah he- Hasid, according to which David never removed anything from the Torah, only from Moses’ chumash, which contained material not found in the Torah.

[4] For example, what other posek has concluded that ethnic foods, e.g., Chinese, Italian, sushi, etc. are forbidden, and that Jews must only eat “Jewish food.” See Mishneh Halakhot, vol. 10, no. 111. It was pesakim like this that gave rise to the yeshiva quip that the title of his book should be pronounced Meshaneh Halakhot. In addition, Klein’s negative views towards baalei teshuvah and women are also very troubling (although with regard to women, a knowledge of some of his difficult personal history adds some necessary context in this regard.) His attitude towards non-Jews is also shocking, so much so that one wonders whether Elie Wiesel, great humanitarian that he is, would be such a supporter of his institutions if he knew what was being taught there (Wiesel and Klein were in Auschwitz and Buchenwald together). In a lecture at an Edah conference some years ago, a well known talmid hakham discussed if it proper for one to make use of poskim like R. Menasheh Klein for certain areas (e.g., hilkhot Shabbat), if one feels that their general worldview, in particular in areas of Jewish-Gentile relations, is diametrically opposed to one’s own values.

[5] Israel M. Ta-Shma, “Holy Men Do Not Defile – Law and Ideology,” Jewish Studies Internet Journal, 1 (2002): 45-53 [Hebrew], available here (PDF).

[6] Vol. 8 (1869): 165-167.

[7] Rabbi Oberlander is the world’s leading expert on the forged Yerushalmi Kodashim. He published numerous articles on the topic in Or Yisrael, which will be part of his forthcoming book. I should also note that he has played an important role in the rebuilding of Jewish life in Hungary. See e.g., here. [8] Vol. 11 (1880): 65-67.

[9] “Notwendige Abfertigung,” Jǔdische Presse (February 17, 1911): 65.

[10] Halikhot ha-Grah (Jerusalem, [1996]) takes a good deal of material, often word for word, from R. Hershel Schachter, Nefesh ha-Rav (Jerusalem: Reishit Press, 1994) without acknowledgment.

[11] I don’t know if it is a reliable report, but see R. Ephraim Greenblatt, Rivevot Efraim, 6:41, third introduction, that R. Velvel also expressed himself negatively with regard to the Rav. (R. Greenblatt himself always shows great respect for the Rav and all gedolei Yisrael, whatever their hashkafot; the passage I refer to was written by someone else. Years ago I expressed my surprise to R. Greenblatt that he included this in his work. Since it is part of an article about one of his teachers, he no doubt felt that it was inappropriate to make any changes.)

[12] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2004), 2:546-547. See also ibid., 1:484, for a story where R. Hayyim Ozer gave R. Velvel some sugar for his tea, and the latter thought it might contain kitniyot. Out of respect for R. Hayyim Ozer, which is a biblical commandment (kavod ha-Torah), R. Velvel used the sugar, but

תיכף עם צאתו את הבית בסיומו של הביקור, התאמץ וניסה בכל דרך לפלוט מפיו את שאריות הסוכר [13] David Singer and Moshe Sokol advance the radical view that the Rav’s descriptions of his family members is actually designed to show his opposition to their hyper-intellectualism and pan-halakhism. They write [T]here is something strange about Soloveitchik’s tales of the Litvaks. The behavior he describes is so radical, so extreme, as to make his presumed heroes seem grotesque. Who, for example, wishing to portray Litvak intellectualism in a positive light, would boast that his father and grandfather set aside all human sentiment and refused ever to enter a cemetery, because a stark encounter with death would have distracted them from the contemplation of the law. Or again, who would tell with pride the following macabre story about his maternal grandfather [referring to the story of R. Elya and his dying daughter] . . . Stories like this, while ostensibly presented in order to glorify the Litvak, cannot help but evoke strong disapproval in the reader. And this disapproval, it seems safe to assume, is shared in part by Soloveitchik himself, specifically by that part of him which rebels against the Litvak tradition’s spurning of the emotions. The vein of anger that runs through the anecdotal material in “Halakhic Man” is not to be missed.

David Singer and Moshe Sokol, “Joseph Soloveitchik: Lonely Man of Faith,” Modern Judaism 2:3 (October 1982): 259.

[14] Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk, 4:22-23. The eyewitness to this story was R. Simcha Sheps, late Rosh Yeshiva at Torah Vodaas.

[15] The same high school rebbe, mentioned above, also told us how at the Steipler’s wedding he had a sefer with him and was learning throughout the affair. Again, the reaction of the Modern Orthodox youths who heard this story was that the Steipler was definitely not someone to look to as a role model. What might inspire awe in Boro Park and Bnei Brak can often have the opposite effect when told to acculturated, fun- loving, American youngsters. This is the sort of story that will convince them that gedolim don’t value the normal pleasures of life, and why would any young person, brought up in America, want to be part of a religion that holds this up as an ideal?

[16] See here.

[17] See Don Seeman, “The Silence of Rayna Batya: Torah, Suffering, and Rabbi Barukh Epstein’s ‘Wisdom of Women,’” Torah u-Madda Journal 6 (1995-1996): 91-128. [18] Hermann Greive, “Zionism and Jewish Orthodoxy,” Leo Baeck Institute Year Book 25 (1980): 173-195.

[19] Even before Weingarten’s book, and earlier articles, there was strong reason to suspect Bloch of forgery. From the beginning of the twentieth century he published books and articles containing letters of great rabbis and Hasidic leaders. None of them can be assumed to be authentic. During his great dispute with R. Yosef Elijah Henkin in the 1940’s, the latter repeatedly accused Bloch of dishonesty and pointed out that he would often attribute quotes to rabbis who were no longer alive so that he couldn’t be contradicted.

[20] After learning of the forgeries, Greive also published “Zionism and Jewish Orthodoxy (II),” Leo Baeck Institute Year Book 28 (1983): 241-246, which is a disgraceful and feeble attempt at defending his original article. In truth, it is no more than a justification of the time and effort he put into the original article. The best course would have been to simply acknowledge how he had been hoodwinked. Why do I say that his article is “disgraceful”? Because it is a twisted example of post-modern mumbo-jumbo that would make the editors of Social Text proud (seehere ). Here are some choice quotations from Greive, which if they ever became the standard of the historian’s craft, would mean the end of knowledge as we know it. He is trying to show that even forgery of texts is not very different than what historians do all the time!

It is precisely because of this awareness that historians tend to be exceedingly sensitive to any departure from the accepted standards, to any instance of “interference” that does not stop at interpreting a text, but – in the case of written sources – presumes to interfere with the very words in order to demonstrate a newly proclaimed truth. It must be borne in mind, however, that what the offender does in such a case is no different in principle from what everybody is doing except that he goes a little too far. It is this proximity of the permissible to the impermissible that accounts for the intensity of the hostile reaction among scholars, which is as it ought to be for the sake of upholding the standards of serious scholarship, for it is that final step across the dividing line that is the decisive one. The indignation among scholars will be the more vehement, the rejection the more absolute, the more clearly the newly demonstrated “truth” diverges from the established tenets, flies in the face of securely held scientific convictions. Yet, as will be explained later on, such reactions may be over-hasty. For one thing, interference with a text is not in principle different from inadmissible interpretation which does not alter the words but stretches their meaning; for another, the editing of a text touches on the problem of the extent to which a word uttered during a particular period truly reflects a (hypothetical) extra-verbal reality. Of course, such doubly problematical sources must be approached with caution: their usefulness depends on just what wants to demonstrate by their use.

Later on in the article Greive assumes that Bloch did not create the anti-Zionist letters from scratch, but rather altered authentic letters, and he argues that one can “extract” authentic information from them. He concludes: “Admittedly, there is a danger of drawing erroneous conclusions from a distorted text, but this only reinforces the need for a careful and balanced critical approach and is certainly no reason for altogether ignoring the material until some more reliable evidence pointing in the same direction becomes available.”

It is unfortunate that such a fine publication as the Leo Baeck Institute Year Book published this nonsense. Dovev Siftei Yeshenim is completely useless as a historical source. Modena, Gilgul, and an Unpublished Letter

Someone in a comment to a recent post mentioned an article that appears in the latest issue of the journal Ets Hayyim. This journal is published by the “students and hassidim of Bobov.” [Supposedly this journal is a break-off of the excellent journal Kerem Shlomo.] The journal is comprised of what most torah journals are today, there is a section publishing manuscripts hiddushei torah, general hiddushei torah, some articles on halacha etc. In this fourth and most recent issue there is an article that I think deserves wider dissemination. R. Shmuel Aboab (1610-1694), author of the Davar Shmuel (as well as Sefer Zikrohonot, discussed here, and Tavat Dovid) was one of the leading rabbis in Italy and Europe of his day. He corresponded with numerous people, part of that correspondence was published in Davar Shmuel. Davar Shmuel, published posthumously by his son, was a mahdurah kama (first edition - that Spiegel doesn’t mention in his discussion regarding mahdurah kama/tinyana – although it is a printed book and not a manuscript), and does not include all R. Shmuel Aboab’s responsa (something that was not corrected in the latest reprint of the Davar Shmuel). For many years, a collection of R. Abaob’s letters (approximately 300!) were in the Montefiore Library and now they have passed into private hands. (These letters are mentioned in Hartwig Hirschfeld’sDescriptive Cataloue of the Hebrew Manuscripts in the Montefiore Library – but the Google books version is for some reason missing the relevant page.) According to the description provided in Ets Hayyim, many of these letters have never been published or used by scholars (see below for a discussion of this claim). In Ets Hayyim, they have published one of the letters in its entirety. A detailed introduction about the manuscript generally and R. Aboab is included. This was written by R. Betzalel Divlitski. R. Divlitski uses traditional as well as academic sources in his introduction. Also an index of all the letters from the Montefiore collection is provided that includes some important snippets of these letters. For instance, one letter (no. 125) includes information when R. Ya’akov Hagiz came to Italy, something, according to R. Divlitski, that was previously not definitively known (again, see infra for more on this claim). According to the index, this letter tells us R. Hagiz came to Italy in 1659 (see infra note 2 ). Moreover, the letter that is published is in no way pedestrian. Rather, it is about a controversial topic and takes, what can be seen, as a controversial position.

While the above comes from R. Divlitski’s introduction and notes, it is worthwhile pointing out some serious shortcomings in R. Divlitski’s comments. R. Divlitski claims that most of these letters have never been published. This is wrong, and R. Divlitski knows it is wrong. Most of these letters were published by Meir Benayahu in his Dor Echad B’Aretz. R. Divliksi is aware of Benahyahu’s work as he cites it throughout. Divliski also made the claim the letter discussing when R. Hagiz came to Italy [1] was unknown, while again Benayahu has it in his work and discusses its implications (Dor Echad pp. 304-5). [2] Moreover, although R. Divlitski is willing to use the book he is unwilling to say who actually wrote it. Thus, every time R. Divlitski cites Dor Echad he never mentions Benayahu’s name. Lest one think Benayahu is somehow “treif” (whatever that may mean), R. Shlomo Zalman Aurbach seem to have no problem with Benayahu and read Benayahu’s works. (See Benayahu, Yosef Becheiri, Jerusalem, 1991, p. 364, 380). [3]

A bit of history regarding Benayhu’s work – Dor Echad B’Aretz – published in Jerusalem, 1988. A while back Benayahu while traveling the world and discovered this excellent collection of letters of R. Shmuel Aboab. He even writes that he could not believe his luck on finding them – these untapped sources full of this incredible wealth of information.[4] He noted that they were extremely important for multiple areas. Therefore, Benahayu went ahead and started printing them in many different journals. These articles started appearing as early as 1954. He divided the letters into different topics, inter alia, history of Eretz Yisroel, seforim and Sabbatianism. In 1988 Benayahu collected many of these letters from these varied journals and added some more from this collection (over 100) and printed them in one volume – Dor Echad B’Aretz. In this volume he included a comprehensive history of R. Abaob and R. Moshe Zaccuto (as Benayahu is well- known for his comprehensive biographies and works). For some odd reason he did not print all the letters from this collection nor did he even print all the letters he had already published. It could be that he never noted this important letter (now published in Ets Hayyim) perhaps because he planed on coming to it in a future work as it is well known he has over thirty years worth of seforim in manuscript!

Turning back to the article, R. Divlitski is correct that the letter regarding Modena has never been published and is thus important. [It is unclear why Benayahu decided not to publish this letter.] Thus, what Diviltski should have done was prefaced his article stating that although much has been written on R. Aboab and on the letters formerly housed in the Montefiore Library and many were published by Benayahu, for some reason, a very important letter has thus far escaped publication and now to remedy that, the letter is now being published – now on to the actual letter.

The letter in question discusses the belief, or lack thereof, in gilgul (transmitigation of souls). This subject has been a hot topic for centuries and much has been written on it in general and will be the subject of a different post. [For now, see Kol Hanevuah from R. Dovid Hanazir pp. 230-36 for an excellent collection of material on this topic and see R. Reuven Margolis in Sharei Zohar, Bavaeh Metziah, 107a.]

One of the persons to have denied belief in gilgul was R. Yehudah Aryeh Modena in his work Ari Noham. While Modena explicitly denied gilgul, some questioned whether that was truly his position. The Hida, first in Shem HaGedolim and later on in his travelogue, Ma’agel Tov, (pg 113) Hida states that he saw Modena’s then unpublished autobiography and the Hida claimed that Modena wrote that he changed his opinion on gilgul because of an event he witnessed towards the end of his life. Joseph Michael Hayim in Or haHayyim (pg 443) mentions that he never found evidence of Modena’s change of heart in any manuscripts of Modena’s autobiography. [Divlitski alludes to Hayim, but like the other “academics” doesn’t cite to him or mention him explicitly.] Today, we have two printed editions of Modena’s autobiography and neither has any reference to Modena’s alleged change of heart. It is worth noting that the autobiography contains other fascinating material – much of which would not be considered flattering as it portrays Modena in a very human sense. Thus, in the Sefer HaTerumos published by Mechon Yerushalim with the commentary of the Gedulei Terumah, by R. Azariah Figo, a student of Modean, an amazing allegation is made to deal with Modena’s Autobiography. A. Goldschmidt in the introduction claims that because of the content of the Autobiography it is “a forgery.” The reason being “it is unconscionable that a qualified Talmid Hakham such as R. Yehuha Areyeh Modena [would write things] that [even] simple people would not want publicized.” (p. 25 n.8).

The letter now published in Ets Hayyim is not from Modena but instead from R. Aboab to R. Moshe Zacuto about R. Yehuda Areyeh Modena. [5] Specifically, R. Zacuto heard that R. Modena was denying and publicizing that gilgul was not a Jewish belief. R. Zacuto wanted to put Modena in herem or come out against him, and wrote to R. Aboab to get his opinion. As R. Divlitski demonstrates this letter is key to disproving the notion that although Modena initially did not believe in gilgul he changed his mind later. Due to the timing of this letter it appears that either literally at the end of Modena’s life he repudiated his belief on gilgul or, the more likely conclusion is that Modena never did.

In the letter, R. Aboab counsels against disputing Modena. R. Aboab makes a simple argument in that there are sources that dispute the claim of gilgul. Thus, there have been others who don’t believe. How then can we reconcile those positions with R. Aboab’s and R. Zacuto’s idea that gilgul is a central tenet – it must be that only worthy people appreciate and therefore believe in gilgul. It would be pointless to criticize someone for not believing when it is not really their fault.

Basically, this is a great article with important new material but proper credit is not given. Furthermore, as Divlitski notes, and in light of the fact Benayahu clearly has not yet published all these letters, hopefully, with this letter being published in Ets Hayyim someone will finally publish all these letters.

Notes:

This post is the product of the combined efforts of myself and R. Eliezer Brodt.

[1] For some reason it seems E. Carlebach did not use Dor Echad, although she does use Benayahu’s prior articles, and thus was unaware of Benayahu’s discussion of this particular letter. See Carlebach, The Pursuit of Heresy, New York, 1990, p. 21, 284 nn.11-12. Although Benayahu rejects using the dates of R. Hagiz’s works to place Hagiz in Italy, Carlebach does just that. See Benayahu, Dor Echad, pp. 304 and Carlebach, id. Additionally, Carlebach does not mention the letter discussed above that explicitly establishes Hagiz in Italy.

[2] For some reason Divlitski says the letter was written in 1659 while Benayahu says the letter was written in 1657. Additionally, Divlitski says that he can figure out who the recipient of the letter is, although “coincidentally” Benayahu uses the same materials to come to the same conclusion.

[3] This is not the only time Divlitksi leaves out the authors name. He also uses Tishby’s edition of Tzitz Novel Tzvi, but doesn’t mention Tishby.

[4] Divlitski uses similar language when discussing how important the letters are as an untapped resource.

[5] It is worth noting that Modena and Aboab corresponded directly see Benayahu, “Yediyah al Hadfasat Seforim vehafatzasm b’Italia” in Sinai, 34 pp. 157-58, 186-87.