Reflecting on When the Arukh haShulhan on Orach Chaim was Actually Written Reflecting on When the Arukh haShulhan on Orach Chaim was Actually Written: Citations of the Mishnah Berurah in the Arukh haShulhan Michael J. Broyde & Shlomo C. Pill Rabbi Michael Broyde is a Professor of Law at Emory University School of Law and the Projects Director at the Emory University Center for the Study of Law and Religion. Rabbi Dr. Shlomo Pill is a Visiting Assistant Professor of Jewish, Islamic, and American Law and Religion at Emory University’s Candler School of Theology and a Senior Fellow at the Emory University Center for the Study of Law and Religion. They are writing a work titled “Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulchan” (Academic Studies Press, forthcoming 2020). We post this now to note our celebration of the publication of תערוך לפני שלחן: חייו, זמנו ומפעלו של הרי”מ עפשטיין בעל ערוך Set a Table Before Me:The Life, Time, and Work of“) השלחן Rabbi Yehiel Mikhel Epstein, Author of the Arukh HaShulchan” .הי”ד ,see here) (Maggid Press, 2019), by Rabbi Eitam Henkin) Like many others, we were deeply saddened by his and his wife Naamah’s murder on October 1, 2015. We draw some small comfort in seeing that the fruits of his labors still are appearing. in his recently published הי”ד According to Rabbi Eitam Henkin book on the life and works of Rabbi Yechiel Mikhel Epstein, the first volume of the Arukh Hashulchan on Orach Chaim covering chapters 1-241 was published in 1903; the second volume addressing chapters 242-428 was published in 1907; and the third volume covering chapters 429-697 was published right after Rabbi Epstein’s death in 1909.[1] Others confirm these publication dates.[2] The Mishnah Berurah, Rabbi Yisrael Meir Kagan’s commentary on the Orach Chaim section of the Shulchan Arukh was published in six parts, with each appearing at different times over twenty- three-year period. Volume one was published in 1884, volume three in 1891, volume two appeared in 1895, volume four in 1898, volume five was published in 1902, and volume six in 1907. We suspect that while the first volume of the Arukh Hashulchan on Orach Chaim did not appear until 1903, Rabbi Epstein wrote this work some time before this, and its publication and was delayed for economic and government censorship reasons. Rabbi Eitam Henkin notes (in the above biography) that Rabbi Epstein made mention of the very difficult time he had finding the funds to publish his work. Rabbi Epstein himself wrote in an 1886 letter, “to my great distress, I am unable to publish [the next installment of the Arukh Hashulchan] due to the lack of funding . publishing is exceedingly expensive.”[3] The high cost of publishing and limited funding actually led to Rabbi Epstein’s initially publishing the Arukh Hashulchan in numerous short pamphlets, each covering just a few of the Shulchan Arukh’s topic headings, rather than in larger volumes. Eventually, as funds became available, these pamphlets were combined into larger volumes, organized around the “four-pillars” framework ofhalakhah used by other rabbinic jurists since Rabbi Karo.[4] Likewise, Rabbi Henkin uncovered correspondence in which Rabbi Epstein bemoaned that long-before completed manuscripts of the Arukh Hashulchan were languishing in St. Petersburg awaiting review and approval by Russian government censors.[5] Appreciating the realities of the funding- and censorship- related delays with which Rabbi Epstein had to contend helps rectify what Rabbi Meir Bar-Ilan described as Rabbi Epstein’s furiously productive writing schedule with the nearly four decade span between when he began writing the Arukh Hashulchan in 1870 and the publication of the final volume ofArukh Hashulchan: Orach Chaim in 1909 (and other volumes considerably after his death by his daughter[6]). Rabbi Meir Bar Ilan described his grandfather’s process as follows: My grandfather sat each day in the room designated as the local rabbinic courtroom together with his two rabbinic judge colleagues from morning until night, save for two hours in the afternoons . He sat at his table with a chair next to him upon which he kept four books related to the topic he was currently dealing with: a volume of Maimonides’Mishnah Torah, a volume of the Arbah Turim, the Shulchan Arukh, and a small edition of the Talmud. And thus, looking here and there, he wrote his book, Arukh Hashulchan, page after page. Occasionally, he would get up and take out another book to look at . This book, the Arukh Hashulchan, which is foremost in its genre, was printed directly from the first draft manuscripts, exactly as they were initially produced by the author . without edits, erasures, or rewrites.[7] Even if somewhat hyperbolic in its recollection, the pace of work described by Rabbi Meir Bar-Ilan certainly does not suggest that the writing of the Arukh Hashulchan would have taken more than thirty years. It is likely that the text of Rabbi Epstein’s monumental restatement of halakhah was written and prepared long before it finally appeared in print.[8] So, when was the Arukh Hashulchan on Orach Chaim actually written? We suspect it was written after 1891 and before 1895. As noted, the first volume of theMishnah Berurah was published in 1884, and the Arukh Hashulchan cites it thirteen times. Mishnah Berurah volume three was published seven years’ later in 1891 and is also cited by theArukh Hashulchan—in this case, twelve times. The Arukh Hashulchan cites none of the other four volumes of the Mishnah Berurah, however, which indicates that Rabbi Epstein did not have them. That would indicate that Rabbi Epstein had completed his manuscript of Arukh Hashulchan on Orach Chaim before the 1895 when the next installment of the Mishnah Berurah appeared. We see in Rabbi Eitam Henkin’s work (p. 312) that he proposes a similar observation, and we are gratified that he shares this inference. While over a decade would pass before theArukh Hashulchan on Orach Chaim was fully published, and while by this time the Mishnah Berurah, too, was in print in its entirety, Rabbi Meir Bar-Ilan’s account of Rabbi Epstein’s writing process suggests that once written, theArukh Hashulchan manuscripts were not significantly revisited or edited by Rabbi Epstein. It is not surprising, then, that the Arukh Hashulchan on Orach Chaim does not include references to sections of the Mishnah Berurah that appeared only after 1895. We are aware of 36 (or 37, if one counts the double reference in number 5, below) references to the Mishnah Berurah in the Arukh Hashulchan[9] none of which are particularly important to the work, and only in one of them (319:22) does the Arukh Hashulchan seem to be actually reacting to something that the Mishnah Berurah directly cited in his own name. The citations to the Mishnah Berurah in the Arukh Hashulchan themselves generally look like (to quote Rabbi Bar-Ilan) “another book to look at.” Furthermore, it only looks like he did so in certain areas deeply and other areas much less. There are six quoted in hilkhot tzitizit, one in hilkhot tefillin, two in hilkhot shema, four citations over three simanim in hilkhot tefilla, and then occasional references scattered throughout hilkhot Shabbat. This sparse citing suggests that the Arukh Hashulchan neither studied theMishnah Berurah, nor is responding to it systemically. So to, the only explanation for the lack of citation to volumes two, four, five and six is that Rabbi Epstein did not have them at the time he was producing his manuscript of the Arukh Hashulchan on Orach Chaim. (We see that Rabbi Eitam Henkin, in his work makes a similar observation on pages 311-313.) Below is a list of all the cases we are aware of in which the Arukh Hashulchan actually has and cites and quotes this Mishnah Berurah. 1. Arukh HaShulchan 10:4 contains a reference toBiur Halakhah 10 s.v. veyesh lah. 2. Arukh HaShulchan 10:7 contains a reference toBiur Halakhah 10 s.v. ela im ken. 3. Arukh HaShulchan 10:8 contains a reference toBiur Halakhah 10 s.v. veain lah kenafot. 4. Arukh HaShulchan 11:8 contains a reference toBiur Halakhah 11 s.v. vehu. 5. Arukh HaShulchan 11:22 contains a reference to both Mishnah Berurah 11:27 and 11:29 and the Biur Halakhah, which explains this. 6. Arukh HaShulchan 12:4 contains a reference toBiur Halakhah 12 s.v. im nepseku. 7. Arukh HaShulchan 14:5 contains two references to Biur Halakhah 14 s.v. hetil yisrael. 8. Arukh HaShulchan 25:23 contains a reference toBiur Halakhah 25 s.v. vehakhi nohug. 9. Arukh HaShulchan 25:26 contains a reference to Mishnah Berurah 44. 10. Arukh HaShulchan 62:3 contains a reference toBiur Halakhah 62 s.v. yachol lekrotah bekhol lashon. 11. Arukh HaShulchan 76:21 contains a reference toBiur Halakhah s.v. kara bemakom. 12. Arukh HaShulchan 76:4 contains a reference to Mishnah Berurah 77:8. 13. Arukh HaShulchan 79:11 contains a reference to Mishnah Berurah 5. 14. Arukh HaShulchan 79:17 contains a reference to Mishnah Berurah 79:29 or Biur Halakhah s.v. aval chalul. 15. Arukh HaShulchan 87:7 contains a reference to Mishnah Berurah 9. 16. Arukh HaShulchan 89:23 contains a reference to Mishnah Berurah 89:22. 17. Arukh HaShulchan 89:24 contains a reference to Mishnah Berurah 89:24 and Biur Halakhah s.v. vekhen okhlin umashkin. 18. Arukh HaShulchan 91:3 contains a reference toBiur Halakhah 91 s.v.