Repackaged Rulings: The Responsa of R. Elyashiv

Repackaged Rulings: The Responsa of R. Elyashiv by: Yitzhak of בין דין לדין Wolf2191 recently wrote: N.B. I believe I noticed that some of the pesakim that R' Elyashiv issued when he was part of the Beis Din Ha-Gadol together with Chacham Ovadiah and Harav Kappach were republished in a kovetz under R' Elyashiv's name only, but I would need to check again.]

קובץ תשובות The

Three volumes of Rav Elyashiv's responsa have been published the first in ,קובץ תשובותin Yerushalayim under the title 5760, and the latter two in 5763. None contain any preface, introduction or critical apparatus, except for the following brief prefatory paragraph, which appears verbatim in all three קובץ זה נאסף ונלקט מספרים קובצים וכו'. וזאת למודעי כי :volumes ברוב התשובות לא היה גוף כתה"י לנגד עינינו, וסמכנו על הנדפס ויש מהם שבאו בחסר ושינויי לשון, כך שאין מקום כלל לקבוע דבר מהם. התשובות נלקטו ונסדרו ע"ד בלבד ואם שגינו אתנו תלין משוגתנו, The title pages .ואנו תפלה להשי"ת שלא יצא דבר תקלה ח"ו מתח"י נאספו נלקטו וקובצו state merely that these responsa have been No editors are named, and copyright is מספרים וקובצים תורניים claimed anonymously, although a mailing address is given.A striking difference between the three volumes is in the sourcing of the individual responsa. The table of contents of the first volume contains sources for all the responsa, that of the second leaves many unsourced, particularly in the Even Ha'Ezer and Hoshen Mishpat sections, and that of the third dispenses entirely with sources.Why does the second volume omit some sources? Rav Dovid Soloveitchik used to say (and probably still does) "We may only ask 'what does it say', not 'why'", so let us rephrase the question; which sources does the second volume omit? The crucial clue is in the fact that the table of contents of the first volume mysteriously gives whereas that of ,'פ"ד' the sources for many of the responsa as clearly 'פ"ד' .the second volume contains no such references and ,פסקי דין ,or perhaps more precisely ,פסק דין stands for indeed, most of the unsourced responsa in the second volume seem to be excerpts of rulings originally published in the which explains ,פסקי-דין של בתי הדין הרבניים האיזוריים בישראל their concentration in the aforementioned sections.I have hunted down the sources for a half dozen responsa from the beginning of the Hoshen Mishpat section of the second volume :קובץ תשובות of the

פסקי דין קובץ תשובות p. 310 Vol. 5, p. 322 p. 314 Vol. 4, p. 225 p. 321 Vol. 3, p. 289 p. 327 Vol. 5, p. 3 p. 342 Vol. 1, p. 108 p. 351 Vol. 3, p. 170 The remainder are left as an exercise for the reader.Of the six cases listed above, five were apparently decided unanimously, and the published opinions are recorded simply as the courts' rulings. The third case in the above list yielded a split decision; one opinion appears over the names of R. Elyashiv and a colleague, and another opinion over the name of inclusion of 'קובץ תשובותthe third member of the panel. The these opinions implies that they have been authored by Rav Elyashiv himself, although the careful reader will notice that the editors do not explicitly attribute them to him; his signature is not appended, as it is to many of the responsa in the work.

פסקי דין The a few words about this ;פסקי דיןWe have mentioned the invaluable work are in order. At more than eight thousand pages in more than twenty volumes, it is the largest, and unquestionably the most important, published collection of casefiles in the areas of Hoshen Mishpat and Even Ha'Ezer. The decisions are lengthy and intricately argued, and they include copious citations of earlier literature as well as much are בתי הדין הרבניים important original analysis. Many of the represented, as are many of the most eminent Talmidei Hachamim and experts on Hoshen Mishpat and Even Ha'Ezer of the latter half of the twentieth century. Here is a list of some of the best known of these scholars:

אליהו בקשי דורון E. Bazri מרדכי אליהו יוסף שלום אלישיב זלמן נחמיה גולדברג עובדיה הדאיה S. S. Karelitz יצחק נסים יוסף קאפח אליעזר יהודה ולדנברג שאול ישראלי עובדיה יוסף בצלאל זולטי

Current Status and Availability

According to the Hebrew University catalog entries (See the Main Catalog entries (not JNUL) here and here) twenty two volumes of rulings have been published to date, plus three index volumes. I believe that the cost of the print version is exorbitant, but the wonderful people at HebrewBooks.org have made most of the volumes available for free download, in PDF They apparently have the same .פסקי דין format; search for material that my local library has, nineteen volumes of rulings plus index volumes. [My library has one index volume, covering volumes one through fifteen, they have two, covering volumes one through five and six through ten, and the Hebrew University collections have all three.] They seem to have duplicate copies of volumes eleven through eighteen, and the ,אוסף פסקי דין publication dates of their first series, titled which is obviously incorrect (this is ,תש"י are all given as the date of the appearance of the first volume, as we shall presently see), but this is mere carping; their making (most of) the work available for free online is a great boon for anyone interested in Hoshen Mishpat and Even Ha'Ezer.

Present At the Creation

Wolf2191 has shown me Dr. Zerah Warhaftig's personal account of the founding and subsequent evolution of the project: An important innovation in the history of the responsa literature was inaugurated in Israel with the decision to publish the rulings of the Rabbinical High Court of Appeal and those of the district rabbinical courts. The rulings are published together with the arguments on which they are based, as presented in court. Indeed, I myself proposed the publication project, and was charged with its implementation, a responsibility I viewed as a great privelege and sacred trust. Previously, the Rabbinical High Court of Appeal followed the traditional system of issuing brief rulings while at the same time compiling a full account of the halakhic deliberation on the case in pamphlet form for circulation among judges. Deliberation and discussion are an essential part of the legal process, allowing the individual judges an opportunity to convince their colleagues of the validity of their arguments, so that a decision can be reached. The pamphlets were intended to facilitate this process, rather than explain the rulings to the litigants involved, so that they could understand why they had won, or lost, their cases. There was no appeal against a ruling of the Rabbinical High Court, nor were there establishe procedures for appealing the rulings of district rabbinical courts. (Interestingly, these pamphlets often served as the basis for volumes of responsa published by their authors years later.) The idea of publishing, in an organized fashion, both the courts' rulings and their grounds, and that of appending abstracts of the laws cited in the rulings, as is customary in law reports, to allow for ease of reference and study, was thus entirely new. Accordingly, the Chief Rabbinate, which had to approve the proposal, had to be convinced of its merits. This entailed some negotiation, in which, as head of the Ministry of Justice's Research Institute for Jewish Law, I was much involved. In due course an agreement in principle was reached between myself and the Chief Rabbinate. After some administrative changes were carried out, the first collection of rulings of the Chief Rabbinate's Rabbinical High Court of Appeal was finally published in 1950. Assisted by S. B. Feldman, S. Z. Cahana and P. Galevsky, I served as editor. In the foreword to the volume, I wrote: The selection of the rulings herein published was guided by the desire to accurately portray the workings of the court. Most of the rulings relate to family law and public endowments; the others are devoted to monetary matters. The opinions of the judges, with a few exceptions, are not published as written, but have been abstracted by the editors from the contents of the pamphlets appended to the case files. This volume thus does not constitute a formal record and the editors assume full responsibility for the adaptation and wording of the judicial opinions. … It was found that publication encouraged rabbinical courts judges to communicate their opinions in a clear and orderly manner comprehensible to those unschooled in Jewish law, whether jurists or members of the public. Over time, rulings of the Rabbinical High Court of Appeal and the district rabbinical courts began to be handed down in a form that allowed them to be published as written, with no editing. Accordingly, it was decided to publish the rulings of the district rabbinical courts, and later, those of the Rabbinical High Court of Appeal, on a monthly basis. … In addition to the inaugural volume of rulings of the Rabbinical High Court of Appeal, eleven volumes of rulings of Israel's rabbinical courts had been published by 1960. These well indexed volumes alone contain a wealth of decisions on questions of family and monetary law and on matters of vital public interest. [Warhaftig, Zerah "Precedent In Jewish Law." in Authority, Process and Method: Studies in Jewish Law Ed. Hanina Ben- Menahem and Neil S. Hecht. Harvard Academic Publishers. 12-16]So in addition to Wolf2191's point about the republication of the panels' rulings as specifically Rav Elyashiv's, Warhaftig tells us that the rulings in the first at least one of which is included in) פסקי דין volume of the as above) are actually abstracts written by ,קובץ תשובות the the editors, and not the original opinions penned by the Dayyanim in the first place!

R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works

R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works by R. Yosaif M. DubovickR. Y. Dubovick has published many articles on diverse topics. He is currently working on many projects including a critical edition of the Rabbenu Hananel’s commentary on Bava Kama. Additionally, he has published a critical edition of the Mahrashal on hilchot shehita and Yoreh Deah (discussed here ) and R. Dubovick is working on some of the Mahrashal’s other works. As R. Orenstein’s yarhzeit is the 25th of Av, Tuesday, Aug. 26, R. Dubovick provides the following information on this personage and his works. Biographical Sketch of R’ Orenstein Perhaps the crown of pre-war Polish Jewry was the city of Lvov (Lviv, Lemberg). Settled in the dawn of our history in Poland, the city was renowned as a center of learning and piety, drawing from the elite of scholarship to its helm. The mere mention of the city’s name draws to mind those Gaonim, such as R’ Yehoshua, author of Shut Pnei Yehoshua, Sefer Maginei Shlomo (grandfather of the author of the noted Pnei Yehoshua on Shas), as well as R’ Shmuel HaLevi author of Turei Zahav on Shulchan Aruch [1](son-in-law of R’ Yoel Sirkes[2] the author of Bayis Chodosh on Tur)[3]. R’ Zvi Ashkenazi (author of Chacham Tzvi, father of R’ Yaakov Emden), R’ Shlomo of Chelm, author of Merkeves haMishnah on Rambam (as well as homilies on the haftorot and a volume of responsa[4]), and R’ Chayim Hakohen Rappoport[5] all held the position of Av Beis Din and Rav of Lvov. The subject of Toldos Anshei Shem by R’ Shlomo Buber, Lvov has had its history well written and studied. R’ Buber went so far as to personally request from the Rav of Krakow, the noted historian and author, R’ Noson Chayim Dembitzer to collate his own findings; the result, a sefer of immense value to any student of history and genealogy, Klillat Yofe.[6] These seforim list prominent men of stature and renown, leaders of the kehillot, their works and ancestors, shedding valuable light on the city’s history. From the beginning of the 5th century, (1640) Lvov’s two communities [‘inner’ Lvov, and ‘outer’ Lvov] united under the leadership of one Rav. This period of grace between the communities lasted for close to two hundred years, and ended with the passing of the famed Gaon of Lvov, R’ Yaakov Meshulem Orenstein in 5599 (1839), the focus of this article. Much has been written regarding this sage, with numerous accounts detailing his biography. Klillat Yofe details his father’s position as Rav of Lvov, R’ Mordechai Zeev, who took office after R’ Shlomo of Chelm stepped down as Rav in order to embark on a journey to Eretz Israel.[7] In 5547 (1787) R’ Mordechai Zeev was taken suddenly from this world, leaving a young twelve year old Yaakov Meshulem an orphan. The youth’s best interests in mind, whilst still in the shiva period he was betrothed to the daughter of R’ Tzvi Hirsch of Yaruslav, who was financially well off and would support his son-in- law.[8] As such, the young man developed in his studies, and gained repute as a scholar of stature. His opinion was sought in many difficult matters, and elders as well as his contemporaries flocked to his doorstep in Yaruslav to discuss various issues with him. Notably, R’ Aharon Moshe Tobias of Satnin, author of Shut Toafos Reem, would spend much time conversing with R’ Yaakov Meshulem.[9] Additionally, he was friends with R’ Yehonosan Shimon Frankel, author of Etz Pri Kodesh, Lember, 1838. See his haskmah where he referrs to him as “yidid nafshe.” He was also friendly with R’ Yaakov Tzvi Yalish, author of Melo haRoim who he refers to as “hu yedidi min’noar.” R’ Yaakov Meshulem mentions having been Rav AB”D of Zhalkov for a period, but the exact dates aren’t clear. Later, he was appointed to take his father’s seat as Rav AB”D of Lvov, and we find witness that in 5566 (1806) was already serving Lvov as its spiritual head, a position he held for over 30 years, until his passing. The hub of religious activity in Poland, R’ Yaakov’s opinion on halachic matters was sought out by the leading sages of his time. Halachic authorities such as R’ Moshe Sofer (author of Shut Chasam Sofer), and R’ Akiva Eiger, R’ Aryeh Leibish of Stanislaw (as well as with his son and successor R’ Meshulem Yissocher, author of Shut Bar Levai), as well as R’ Yaakov’s relative, R’ Chaim Halberstam of Sanz all queried him on matters of grave importance. His opinions regarding rulings issued by R’ Shlomo Kluger of Brody versus his dissenters are collected in sefer Shivas Eynayim, along with those of his son, R’ Mordechai Zeev. While himself not a member of the Chassidic camp, R’ Yaakov showed no animosity towards Chassidim and their leaders, and is purported to have met with Rebbe Yisroel Freidman of Ruzhin, as well as Rebbe Meir of Premshlyn. As the head of the most prestigious community in the area, R’ Yaakov also held the position of Nasi or president of Eretz Israel, and was responsible for the collation and distribution of all tzedakah funds earmarked for the Holy Land’s poor.[10] In addition, being financially secure, R’ Yaakov established a personal free-loan organization, a gemach. The apple of his eye, his only son R’ Mordechai Zeev was taken from him at an early age on the 17th of MarCheshvan 5597 (Oct 28, 1836). Less than three years later, R’ Yaakov passed away on the 25th day of Av, 5599 (Aug 5, 1839), and was buried next to R’ Shmuel Halevi, author of Turei Zahav. Out of respect for their venerable leader, it was agreed upon that no longer would there be one Rav heading both communities, rather a new title called ‘Rosh Bais Din’, with less authority was implemented. In the succeeding line of leaders, Lvov called R’ Yaakov’s grandson, R’ Tzvi Hirsch to take his rightful place. In turn, R’ Tzvi Hirsch’s son-n-law, R’ Aryeh Leib Broide[11] succeeded him. R’ Orenstein’s Works & the Controversy Over Their PublicationA prolific writer, R’ Yaakov is best known for his magnum opus,Yeshuos Yaakov, novella covering all four sections of the Shulchan Aruch. Published in his lifetime, R’ Yaakov is said to have danced with a copy of a second edition, stating that he is now assured that this work is considered by heaven to be ‘prophetic’ in nature.[12] He also penned chiddushim on the Torah in the order of the parshiyos, at first printed together with the chumash entitled ‘Ein Yaakov‘, and later published as a separate volume. A new edition of these chiddushim was re- typeset in 5764 (2004), with a two page biographical sketch. Throughout Yeshuos Yaakov, R’ Yaakov cites numerous times his chiddushim on Shas, Rambam as well as his teshuvos, responsa. Seemingly, these works remained in manuscript form, and over the course of the years were lost. Recently, an attempt was made to ‘reconstruct’ those chiddushim on Shas based on chiddushim and references gleaned from sefer Yeshuos Yaakov. Chiddushei Yeshuos Yaakov al Seder haShas, 7 volumes, printed by Machon leCheker Kisvei Yad – Chochmas Shlomoh, Yerushalayim, 5757-60/1997-2000. In the last months of 5666 (1906), R’ Avraham Yosef Fisher, a well-known publisher, printed R’ Yaakov’s teshuvos from manuscript, in Peterkov. According to R’ Fisher, he was given the autograph from the then Gerrer Rebbe, R’ Avraham Mordechai Alter (author of Imrei Emes) for printing. The responsa were reordered according to the Shulchan Aruch, and in the end of the sefer, a table of contents as well as a list of errata and annotation was added. For reasons not fully explained, R’ Fisher printed the book sans approbations that he claimed to have received from various leaders. He had applied to several sages for their approval, and while waiting for their response, decided to publish without them. In deference to those letters not at hand, he chose to omit those he did have, citing his desire to publish as taking precedence. This printing of the sefer was photo-mechanically reproduced in New York some forty years ago. Several months after his sefer was printed, R’ Aryeh Leib Broide, the son-in-law of R’ Yaakov’s grandson and heir, R’ Tzvi Hirsch, issued a variant title page, and introduction. Claiming that the book had been in his personal possession to date, he alone had sent it to a printer, one Shimon Neiman for publication. Seemingly, the book changed hands, R’ Fisher took possession of the printed volumes, selling them under his name, with R’ Aryeh Leib Broide receiving a mere thirty volumes. As rightful owner, R’ Aryeh Leib decried this act, and wondered how the name of the Gerrer Rebbe had been brought in to the fray. The variant pages were then bound to these thirty volumes. Speculation as the behind the scenes reasoning would be an exercise in futility, as no word of it was mentioned by the Gerrer Rebbe himself.[13] While it is possible that R’ Aryeh Leib’s claims are accurate, R’ Fisher was a respected publisher, and would only stand to lose by stooping to theft. Further, the silence of the Gerrer Rebbe on the issue is deafening in its own right. What cause could he have had be still regarding this issue? If he did give the book along with a letter, why remain silent? On the other hand, if his name was simply being used, why did he allow himself to remain an accessory to theft, even if only a defacto one? One might postulate based upon the religious leanings of those involved. Lvov at the time was torn between the haskalah movement, and the majority of its opposition, the Chassidim. While R’ Yaakov stood strong against the waves of the enlightenment, after his passing those safeguards he passed began to lose potency. The Rabbinate in Lvov became politically controlled by those with positions of power and wealth, and sentiment among the Chassidic community in Lvov was that even R’ Tzvi Hirsch was suspect of leaning towards the maskilim.[14]> Certainly R’ Aryeh Leib was considered controversial. His son Mordechai (Marcus) studied in Polish schools, received a doctorate, and married Martin Buber’s sister, Gila. It is possible that R’ Neiman had suspicions as to the religious opinion of the book, seeing how the main buyers market were Chassidim. Should the book be published under R’ Aryeh Leib’s name, it might not sell. Moreover, it could be he suspected R’ Aryeh Leib of wanting to edit the text, based on his personal leanings. Perhaps he sent it to the Gerrer Rebbe, who in turn allowed for R’ Fisher to print it, and use his name. In the event of exposure, R’ Fisher would take the blame, while the Gerrer Rebbe would remain silent, thereby obfuscating the facts. This year, a new edition of this controversy-fraught sefer has been published. Completely re-typeset, with the annotations and corrections penned by R’ Fisher added in their rightful locations. Additionally, an index has been set up, to reference the standard ensemble of basic halachic texts; Shas Bavli and Yerushalmi, Rambam, Tur and Shulchan Aruch. Many of the responsa are those alluded to by R’ Yaakov in his Yeshuos Yaakov; some of the letters are replies to expound his thoughts in Yeshuos Yaakov. A veritable ‘who’s who’ of Galitzian Rabbis can be listed among those querying R’ Yaakov; R’ Chayim Halberstam of Sanz, R’ Aryeh Leibish of Stanislaw, and R’ Moshe Sofer, to name a few. The current publisher did not feel the edition would be complete without scouring the available literature and storehouses for those novella and letters that are not readily available. Such, an addendum was appended to the sefer, with additional responsa, derashos, chiddushim and even witticisms and anecdotes not found in the more common seforim. Of note, is a particularly interesting piece R’ Yaakov expounded upon in the main beis medrash of Lvov in honor of Kaiser Franz Joseph [Emperor Franz II], on June 29 1814 (the 11th of Tamuz 5). The spirit of the derashah is the miraculous victory the Emperor had over Napoleon Bonaparte, and how he was Divinely aided in battle. A lone copy of this sermon survived, and Dr. M. Balaban reproduced it in his volume in honor of Dr. Mordechai (Marcus) Broide. Other curios include novella that elaborate on those posed in Yeshuos Yaakov, and anecdotes from obscure works of that period. In one incident, while speaking with a local Rav of lesser standing, R’ Yaakov offered a very insightful thought. The Rav, realizing the potential use of this thought in a personal derashah, asked of R’ Yaakov to ‘present’ him with this thought and make it his “own”. Understanding the Rav’s motive, R’ Yaakov agreed under one condition: that upon using the thought as his own, he must announce that he received it as a gift from R’ Yaakov. As a final touch, the publisher added a photo of the original title page, as well as the variant pages printed by R’ Aryeh Leib. The ability to locate an extant copy of one of thirty copies ever bound testifies to the sheer effort expended in this edition.[Available at Girsa Books, Jerusalem; Biegeleisen Books, Brooklyn NY USA, and fine bookstores worldwide]

[1] Originally, the sefer was written as glosses and comments on Tur, much like the work by his father-in-law. [One might correlate the two works even more closely, and claim both emanated from marginal notes. See Prof. Y. S. Speigel, Amudim bToldot Hasefer haIvri, vol. 1, p. 297.] Later these notes were edited to form the present commentary.[2] R’ Shmuel married R’ Yoel’s widowed daughter-in-law (m. R’ Shmuel Tzvi Hertz, son of the Bach), and raised her orphan R’ Aryeh Leib, author of Shut Shagas Aryeh (w/ Kol Shachal). R’ Aryeh Leib was sent along with his brother by his stepfather to investigate the issue of Shabbtai Zvi.[3] During the outbreaks of 5424, two of his sons were massacred along with hundreds of the cities inhabitants. See D. Kahane, Sinai, 100 (Jubilee Volume), pp. 492-508.[4] Both published by Mossad HaRav Kook from manuscript.[5] Author of Shut R’ Chayim HaKohen.[6] Indexed by Jacob B. Mandelbaum.[7] Unfortunately, he never made it to E. Israel, having passed away along with his wife in the city of Salonika, Greece, and is entombed there. See A. Brick, Sinai 61, pp. 168-84.[8] Introduction to Yeshuos Yaakov.[9] Citation in Klillat Yofe and see here as well.[10] Called “the charities of R’ Meir Baal Hanes”. There is uncertainty regarding the true name of this charity. Historically, the tanna Rebbi Meir was never called “Baal HaNes” and the name is not found in neither Geonic literature or in works by the Rishonim. Furthermore, geographical guidebooks that list gravesites in E. Israel mention TWO R’ Meirs, one in Teveryah (this is the grave of the well known tanna, the student of R’ Akiva and friend of R’ Yehuda and R’ Shimon Bar Yochai) and one in Gush Chalav, the second bearing the name “Baal Hanes”. This would seem to distance the moniker from the well known R’ Meir even further despite his ability to perform miraculous accounts (see A”Z 18b. see also Petach Eynayim by R’ Chida ad loc). In his pamphlet biography of Ramban, R’ Reuven Margolis notes the above discrepancies. Based on Ramban’s final sermon in Spain, extolling the urgency to support those dwelling in the Holy Land, as well as Ramban’s personal activities in founding a house of worship along with a yeshiva in the then desolate Yerushalayim, R’ Margolis offers a novel theory. He is of the opinion that at one point, whether while heading his personal yeshiva in Yerushalyaim, or perhaps as the subsequent head of the Yeshiva of R’ Yechiel of Paris in Acco, Ramban established a central organization charged with soliciting and collecting funding from the Diaspora. As the years passed, the fund was named after its founder, Charities of Ramban. In all likelihood, at the fall of Acco to the Mamelukes, the Yeshiva was dismantled, and the funding dwindled, the name falling into disuse. At the rebirth of E. Israel settlement, perhaps in the times of R’ Chayim Abulefia in Tiveryah, the acronym forming the name RMB”N was reinstated as an antique fund, and further misinterpreted to be read R’ Meir Baal haNes.[11] Father of Dr. Marcus Broide. Out of respect for his grandfather, who opposed secular studies, Marcus did not attend university. See M. Balaban, Shalshelet haYachas shel Mispachat Orenstein- Broide, Warsaw, 1931.[12] Intro to Y”Y al hatorah[13] Rosh Gulat Ariel (A.M. Segal, Yerushalayim, 1990) page 378 citing an article in Ner Yisroel by the late R’ Tzvi Yizchok Abromovitz, rabbi of Chatzor HaGalilit.[14] Balaban.

Forgetfulness & Other Human Errors a New Monography by Marc Shapr

As a religion based on tradition, Judaism places great stock in the words and opinions of its early Sages. This is so to the extent that there is great debate as to whether it is even possible that these early authorities could err. In fact, throughout Jewish literature one can find many areas where people argue for deference based on seniority. For instance, there is an extensive debate on the binding authority, and to what extent, with regard to the Rishonim or the Shulhan Arukh. Similarly, there are those who refuse to allow that the Rishonim or earlier authorities erred. Recently, some accused Rabbi Natan Slifkin of allowing that certain statements of Hazal require reappraisal and that those statements are wrong. In the case of Slifkin, his issues with the particular statements of Hazal were not novel and mainly he repeated some of the same arguments that have been bouncing around for the last 400 years or so without adding anything new to that particular debate. A more important case, however, was that of R. Hayyim Hirschensohn in his discussion of whether women are allowed to hold positions of power.[1] In the early part of the 20th century there was a debate of the appropriateness of women taking part in elections – whether they can vote or run for office. (Of late, this debate has been renewed by the Young Israel stance regarding women becoming a synagogue president.) Most are aware that those who argue that women cannot hold positions of power rely upon the Rambam, hilkhot melakhim 1:5, who in turn in relying upon a Sifre 147 to Devarim 17:15. R. Hirschensohn, however, understood the Sifre in a radically different manner and in doing so allowed that the Rambam erred in his interpretation of the Sifre. Specifically, R. Hirschensohn argues that the Sifre that states “that the verse (Devarim 17:15) ‘You shall place upon yourselves a king’ limits the placement to a king and not a queen” should be understood that the requirement for a king does not require a queen. That is, should the queen die she need not be replaced; however, should the king die there is a commandment to replace him.” Furthermore, according to R. Hirschensohn, the Sifre has nothing to do with the other statement from Hazal (Yevamot 45b) based on this verse, that “any leadership you shall establish should only be from your brethren [they must be Jewish].”[2] Thus, the Rambam erroneously conflated the two statements and thereby misunderstood the Sifre and came to the incorrect conclusion – that women are barred from all positions of power. As R. Hirschensohn explains “that even one as great as the Rambam in his knowledge and wisdom is not immune from error, an which then caused many who followed after him to rely upon and led to other errors. It is without a doubt the Rambam relied upon memory regarding these statements, and did not have time to reexamine them again” (See Malki ba-Kodesh 2:194).

As one would expect, aside from taking issue with R. Hirschensohn’s position on women holding power, many took issue with R. Hirschensohn’s claim the Rambam erred. R. BenZion Uziel said that although he respects R. Hirschensohn — in fact R. Uziel ultimate held like R. Hirschensohn on this issue — R. Uziel “believed that [R. Hirschensohn] erred in hastily writing such things about our master, Maimonides. For, while we may indeed take issue with his position, we may not characterize him as having committed [elementary] errors in understanding the text, or as having been mislead by custom and historical context. [R. Hirschensohn’s] remarks to such effect are, no doubt, a slip of the pen.” Mishpetei Uziel, vol. 2, Hoshen Mishpat, no. 6 (the translation comes from this article). R. Uziel was not alone in disputing R. Hirschensohn’s assessment of the Rambam as is evidenced by the many letters to R. Hirschensohn and his responses on the issue of the Rambam erring. See, e.g.Malki ba-Kodesh 4:131, 6:103-104 (letter from R. Yosef Babad).[3] It is worth noting that R. Hirschensohn seemed to have tired defending this opinion saying in one letter “that any further argument about this point is only repetitive.” Malki ba-Kodesh 6:100.

Another more recent example was noted by R. Eliezer Brodt in the magazine Datza, no. 15 (19 Kislev 5368): 4, where he calls to attention the recent edition of R. Yosef Karo’sMaggid Mesharim edited with notes by R. Yosef Kohen. In the Maggid Mesharim, amongst the many halakhic statements from the Maggid — the legendary angel that visited R. Karo and whose remarks are recorded in this work — is that “on Rosh ha-Shana one should not eat meat or drink beer [wine] and one should be careful about other foods as well. And, although Ezra said [regarding Rosh ha-Shana] ‘go eat sweet food’ that was only said for the populace, I [the Maggid] am speaking to the special ones.” The problem with this specific statement is that, as many commentaries have noted, it contradicts various Talmudic statements – including a Mishna or two – that imply one should eat meat on Rosh ha-Shana. (For more on the topic of eating meat on Rosh ha-Shana see Eliezer’s post earlier post, available here, additionally, Eliezer’s forthcoming volume on many of the customs of Rosh ha-Shana will also discuss this custom amongst others.)

Amongst the many others who attempted to explain this statement of R. Hayyim of Volozhin explained that the entire power of the Maggid only came from R. Karo himself. Thus, if R. Karo forgot a Mishna or a source then the Maggid wouldn’t know it either. Therefore, “it is clear that at that moment the Bet Yosef [R. Karo] forgot the relevant Mishna, or there was some lack in his recollection or understanding, and due to that the light [understanding] of the relevant Mishna was also held back from the Maggid.” R. David Luria, Kadmut Sefer ha- Zohar 5:4 (Koenigsberg, 1856), p. 35a (quoting R. Hayyim). Thus, according to R. Hayyim, R. Karo could forget and make mistakes.

R. Hayyim of Volozhin’s understanding, however, is completely rejected by R. Yosef Kohen in his new edition of the Maggid Mesharim. R. Kohen commenting on R. Hayyim’s explanation says “I am extremely troubled, how is it possible to say that the great Rabbi Bet Yosef, who understood and was completely fluent in the entire Talmud and Mishna, that he forgot a simple Mishna or that he was weak in a particular Mishna.” Maggid Mesharim, R. Yosef Kohen ed. (Jerusalem, 2007), 418.

Again, we see the two camps clearly, those who allow for human error and forgetfulness and those who refuse to believe great Rabbis could fall prey to these human frailties. An examination of the relevant sources shows that those in the former camp have the greatest support. To return to the Rambam that R. Hirschensohn argued erred in his understanding of the Sifre. The Rambam himself in his famous answer to the Hakhmei Lunel, admitted that he had made a mistake. Similarly, the Rambam’s son, R. Abraham when presented with a contradiction between his father’s statement and a Talmudic passage said “it is possible that my father forgot this passage when he wrote this.”

Likewise, R. Yair Hayyim Bacharach, author ofShu”t Havvot Yair, explains in a responsum “to one Godol who cast aspersions on [R. Bacharach] for claiming errors in the writings of the great earlier ones. That is, you asked how can I have the gall to dispute the earlier ones which we are much smaller. And, that I went further and said [at times] that they had forgotten the words of the Talmud and the Poskim.” R. Bacharach answered “I turn the question back on you, is not taken ’[אשתמיטתיה] this language, that is, ‘you have forgotten from the Talmud itself and applied to the greatest Amoraim . . . using [forgetfulness] is a respectful way to allege that one didn’t remember a relevant passage. Forgetfulness is human nature and affects everyone. Of course, how forgetful one is depends on the person.”

R. Bacharach then offers historical examples to support his contention. “Who is greater than Moshe the greatest prophet who forgot two laws (Shapiro notes that Bacharach erred – Moshe made three errors! (Shapiro, 52 n.220)) due to anger . . . and who is a greater Posek than the Rambam who understood the entire oral Torah as is evidenced by his work and who also authored a commentary on the entire six volumes of the Mishna based on the Talmud . . . who also forgot . . . and Rashi, who was a repository of Torah, but who writes in his commentary to the Torah . . . ‘I don’t know . . . and whom the Ramban wrote that [Rashi] forgot a passage from Midrash Ruth.” R. Bacharach continues to list other such examples. He concludes “there is no shame in saying that the Rishonim and the Achronim . . . forgot a Talmudic passage or Tosefot . . . and this position is evident from the writers in all the generations that precede me, they never held back from saying on the great ones before them.” R. Yair Hayyim Bacharach, Shu”t Hut ha-Shuni, no. 20.

R. Ya’akov Hayyim from Baghdad, in the introduction to his responsa Rav Pealim, echos R. Bacharach’s sentiment. “In truth one can find that many great ones that they made terrific errors, errors that even children wouldn’t make, and at times they made mistakes in quoting biblical verse, as was the case with the goan, wonder of his generation the Hida [R. Hayyim Yosef David Azulai, one of the most erudite scholars of his period] . . . on these sorts of errors the verse ‘that one is blameless from error’ (Psalms 19:13).” By way of example R. Ya’akov Hayyim highlights four such errors R. Yosef Shaul Nathanson, author of the Shu”t Shoel u-Meshiv made in his work. R. Ya’akov Hayyim concludes “therefore, do be surprised to find I disagree with the great ones . . . when I argue they erred because they forgot. Because, such allegations [of forgetfulness] are not unique and in no way take away from their greatness.” It is particularly ironic that the Hida fell prey to this very type of forgetfulness as he wrote an entire book, Helem Davar, [4] showing exactly these types of mistakes in other’s works. The title of the Hida’s work,Helem Davar is rather instructive when discussing the possibility of sages erring. Helem Davar refers to the sacrifice the members of Sanhedrin would bring should they all err, indicating that even groups of great people are not immune from making mistakes.

With the above introduction we now turn to Professor Marc Shapiro’s new book Studies in Maimonides and His Interpreters (Scranton and London: University of Scranton Press, 2008), 205 pages, where one of the three articles is devoted to showing exactly the type of errors that must be attributed to forgetfulness or faulty memory that appear in the Rambam. This volume is an expanded discussion of Prof. Shapiro’s two earlier articles “Maimonidean Halakhah and Superstition” (2000) and “Principles of Interpretation in Maimonidean Halakhah: Traditional and Academic Perspectives” (2008), both of which originally published in Yeshiva University’s Maimonidean Studies, and includes a Hebrew section of several letters from two twentieth-century Torah giants (R. Joseph Kafih and R. Yehiel Yaakov Weinbeg), as well as from the nineteenth-century-maskil Nahman Isaac Fischmann to R. Samuel David Luzzatto zt”l (ShaDaL).

Shapiro provides many examples of persons who held Maimonides and others could err as well as many who hold that one cannot attribute difficult passages to error. For example, notes that the Hida (contrary to what we have seen above regarding his view of other scholars) held that one can not write off difficulties in Maimonides’ statements to error as “[i]f such approaches are adopted every insignificant student will be able to offer them, and what value is there in writing such thing?” (Shapiro, 8)[5]. On the other hand Shapiro marshalls numerous sources, including the Ramabam himself, who allow for the errors in the Rambam. In the letter to the sages of Lunel, the Rambam states that in his old age he suffers from forgetfulness. (See Shapiro 73 n.295, 76 nn. 308, 309 discussing the controversy over the authenticity of these letters). However, even explict statements from the Rambam himself have been disputed by later authorities. For example, although the Rambam condeeds regarding a law in Yad that he erred, the Gra says that the Rambam was erring is saying he erred. The Gra explains that the original law in Yad is indeed right contrary to the Rambam’s own position. (Shapiro 69 n.282). The Gra’s position is somewhat tenuos, aside from the obvious issue of ignoring the statement of the original author, as “a number of . . . achronim provided what they believed to be better proofs for Maimonides’ decisions than he himself was able to supply” but is has been shown “that the aharonim who adopted this approach erred in almost every example.” (Shapiro 54 n.227).

Included in the book is a short “Note on Maimonides and Muhammad” following censorship that occurred in his “Islam and the Halakhah,” Judaism 42:3 (Summer 1993): 332-343, about which Shapiro writes:

The “Note on Maimonides and Muhammad” found at the end of the English section requires a bit of explanation, as it speaks to the times in which we live and the sometimes precarious state of scholarship when it comes up against larger political forces. In 1993, I published an article in Judaism entitled “Islam and the Halakhah.” In the version of the article submitted to the journal, I mentioned that Maimonides referred to Muhammad as a “madman,” and in a few lines I also explained the origin of the term. When the article appeared in print, however, I was surprised to find that this had been removed without my knowledge. Naively, I thought that this was an innocent mistake, and I inquired as to what had happened. Imagine my shock when I was told that my article had been censored because the journal did not want to publish anything that could be seen as offensive to Muslims! While some may see this as understandable in the wake of the Salman Rushdie episode, it was nevertheless a betrayal of scholarship, which cannot be guided by political correctness. I would hope that any Muslims who see the “Note on Maimonides and Muhammad” will understand that its intent is not to insult their prophet, but rather to clarify a historical issue.

Studies in Maimonides and His Interpreters is available for purchase here at Amazon.com. The editors of the Seforim blog take great pride in the first post (of hopefully many frequent posts) at this new web address being able to discuss Professor Shapiro’s new work. This is so, as Professor Marc B. Shapiro has been (as many others) a frequent contributor to the Seforim blog. It is such contributions that make the blog so much better.

Notes: [1] Much of the material on R. Hayyim Hirschensohn was brought to my attention by Marc Herman, “Orthodoxy and Modernity: Rabbi Hayyim Hirschensohn’s Malki ba-kodesh,” (BA thesis, Brandeis University, 2005), 18-51. For a recent review of the scholarly consensus on R. Hayyim Hirschensohn, see Marc B. Shapiro, “Review of Jewish Commitment in a Modern World: Rabbi Hayyim Hirschenson and His Attitude to Modernity by David Zohar,” The Edah Journal 5:1 (Tammuz 5765): 1-6. Additionally, parts of the material on this topic of claiming that people forgot, comes from R. Shmuel Ashkenazi’s article “Helem Davar u-Tous Sofer.” Ashkenazi’s article was originally supposed to appear in the journal Or Yisrael no. 15 (Nissan 5659), but at the last minute the editors decided not to publish it and instead the article was published separately in a run of 25 copies. Ashkenazi, himself an outstanding repository of material – it seems unlikely he forgets but he is human – in this article lists numerous examples of errors that can only be attributed to forgetfulness or printing error. For instance, Ashkenazi notes that R. Yechiel Epstein in his Arukh Ha-Shulhan states “it is surprising that the Rif does not mention the laws of yayin pagum, not in the eigth chapter of berakhot discussing the laws of wine for blessing, or in the tenth chapter of Pesachim regarding kiddush and havdalah.” In fact, however, the Rif in the tenth chapter of Pesachim does discuss the laws of yayin pagum. Or, the case of R. Aryeh Leib ben Asher Gunzberg (author of Shu”t Shaagat Aryeh), who notes in his Turei Even, that “we never find anywhere that the reading of the Bikurim passage is called Vidyu.” Turei Even, Megilah, 20, s.v. mihu. Ashkenazi cites R. Yeruchum Fishel Perlow’s comments in the journal Noam who notes R. Gunzberg forgot the mishna in Bikurim 2:2 which calls this recitation “viduy” as well as the Rambam in the laws of Bikurim 3:5, who says “it is a mitzvah to preform viduy on the bikurim.” Ashkenazi adds the Tosefta in Bekurim chapter one and the Yerushalmi Bikurim, chapter 2 also refer to this process as viduy. Another example, this one with the Hida. The Hida in Machzik Beracha (O.C. 468:10) and Lev David (end of chapter 10) states the author of the SeMaK is R. Yecheil. But, the real author is R. Yitzhak Corbeil. The Hida, in his own work on Hebrew bibliography, Shem ha-Gedolim, actually gets it right. But, it appears that he forgot that when he wrote these other works. [2] R. Moshe Feinstein also argues the Sifre is not connected with the Talmudic statement. See Iggerot Moshe, Yoreh Deah II, #44-45. R. Feinstein, however, ultimately comes to the opposite conclusion then that of R. Hirschensohn – the opinion of the Rambam must be followed and women cannot hold high office. [3] As an aside, one of the many letters to R. Hirschensohn regarding women’s voting rights came from Yehiel Mihel Goldberg from Radom. Goldberg attempts to bolster R. Hirschensohn with the (now) well-known statement of R. Shmuel Archivolti in his Ma’ayan Ganim and recorded by R. Barukh ha- Levi Epstein in both his Torah Temimah and Mekor Barukh that supposedly is a halakhic statement which allows for women to study Talmud. As I have demonstrated elsewhere, the Ma’ayan Ganim is not a responsa work or halakhic work. But, Goldberg’s use of the Torah Temimah for this point seems to be the earliest. While the Torah Temimah was first printed in 1902 and then reprinted in 1904, it was not reprinted until 1928 and Goldberg’s letter was written in 1921. Perhaps Goldberg’s use evidences that the Torah Temimah was well received soon after it was published. [4] This work, Helem Davar was recently printed (Beni Brak, 2006) for the first time in book form from manuscript – it also was printed as part of the lager book Iggerot ve-Haskmot Rabbenu ha-Hida also in 2006. Prior to this 2006 publication, R. Yehuda Leib Maimon published Helem Davar in the journal Sinai 43 (1948): 301-15. The 2006 edition includes Maimon’s original article as well as a commentary onHelem Davar, Hokher Davar. [5] This argument, essentially a slippery slope argument, is also applied to making textual emendations. See, e.g. R. Y. Landau, Noda be-Yehuda Kama, Even ha-Ezer, 32; this issue is discussed by Y.S. Spiegel, Amudim be-Tolodot Sefer ha-Ivri Haghot u-Maghim, Ramat Gan, 2007, pp. 255-56.

Shavuah ha-Sefer 2008: A Recommended Reading List

Shavuah ha-Sefer 2008: A Recommended Reading List by Eliezer Brodt Book week just began in Eretz Yisroel. As I wrote last year Every year in Israel, around Shavous time, there is a period of about ten days called Shavuah Hasefer- book week. Shavuah HaSefer is a sale which takes place all across the country in stores, malls and special places rented out for the sale. There are places where strictly “frum” seforim are sold and other places have most of the secular publishing houses. Many publishing houses release new titles specifically at this time. Just as in last year’spost on Shavuah HaSefer, in this post I would just like to mention to some of the very recent titles from the various publishing houses which are available at this years Shavuah HaSefer. As to regular seforim that have come out in the past few months since my last seforim list a new list is being composed of the past few months.Bar Ilan University Press had a big awakening compared to last year. Amongst their new titles is Mechkarim be-Toldos Yehudi Ashkenaz which is a sefer ha-Yovel in honor of Professor Eric Zimmer. There are many excellent articles in this volume (see here for the table of contents). As the title indicates, these articles are related to Ashkenaz. Another important book, published in conjunction with Oxford University Press, is from the extremely prolific author Professor Sperber, The Jewish Life Cycle – Custom, Lore and Iconography. The book covers Jewish customs from the cradle to the grave. This book is based on his previous work Minhaghei Yisroel but as Sperber notes in the introduction,Minhagei Yisrael is not in any order and is eight volumes and thus is not the most user friendly when it comes to locating in a systematic fashion the topics covered. This volume is an attempt to organize some of that material, specifically, materials relating to the Jewish life cycle. Additionally, it includes many updates, corrections, and is the case with Sperber’s past works, many interesting illustrations and diagrams. The much awaited volume two of theKeter Mikros Gedolos Chumash on Shemot was printed. (Volume one was not printed yet.) With this volume, Bar Ilan is trying something new as they released this volume in two sizes – big (the previous size) as well as a smaller size version. Only time will tell if they will continue to print both sizes. [The Keter series now has Berashit Vol. 1 and 2, Yehosuha, Shoftim, Shmuel alef and beis, Melachim alef and beis, Yeshaya, Yehezkiel, and Tehilim Vol 1 and 2.] Iyunei Hamikra volume eight was printed this volume looks like it contains an excellent collection of articles. Another important work reissued (which unfortunately if you have the first edition you are stuck as I am) with many important additions to the first edition was their scientific version of Yesod Moreh of the Ibn Ezra. Amongst the many topics the Yesod Moreh deals with, one in particular around Shavout is worth noting. In this work, the Ibn Ezra takes issue with the “Miztvot counters” those you claim a set 613 mitzvot (see here for our discussion regarding mitzvot counts and the Azharot custom for Shavout.) Another issue of Badad was printed (#20). Another important title is Am Levodod which collected pieces all about Mesctas Avodah Zorah by Professor Z. Steinfeld. Another excellent looking volume is the Olam Nistar be-Maddei ha-Zeman from R. Shuchat. This volume contains in-depth studies on the Gra and his opinions in regard to the geulah. It also deals abit with the Ramchal and Rav Kook. There is an interesting chapter discussing the highly controversial work attributed to the Gra the Kol ha-Tohar. Just to add in a source the author seems to have missed Reb. Wolbe writes in his letters (vol 1 בענין קול התוהר: הגר”י הוטנר שליט”א אומר, שבעל :pg 227) that הלשם שהוא הבר סמכא בענין כתבי הגר”א בקבלה, אינו מזכיר את הספר בכלל. הוא גם השתדל להוציא לאור ספרי הגר”א, ואילו הי’ בדעה שזה ספר שיצא מבית מדרשו של הגר”א- לא יתכן שלא הי’ משתדל להוציאו או לכל הפחות היה מזכיר אותו. לעומת זאת אמר לי הגר”י קלופט שליט”א שהוא מאמין שזה ספר אוטנטי, ומה שישנם בו דברים המפלאים אותנו, Reuvanאין בזה כל ראי’ שלא נישנו הדברים בבית מדרשו של הגר”א Mass has a few good titles, two of which pertain to the holocaust era. One is called Zikhron be-Sefer from a few authors – E. Farbstein, N. Cohen and A. Yedidya. This book deals with Gedolim that wrote, in their introductions to their works, accounts of their experiences in the Holocaust. The second book, Tenous be-Chrovos by Y. Fund, is about the Agudah Yisroel before and during the war how they dealt with the issues at hand to save the Jews. Aside from these two Holocaust books, Reuvan Mass also has D. Sperber’sNisviat Piskah already reviewed here. Another work is mi-Sinai le- LisKhat ha-Gazis by S. Kassierer and S. Glicksberg. This work deals with Torah she-Bal Peh in the writings of the Rambam and Ramban it looks like a very professional job. The Jewish Theological Seminary Press has reprinted Saul Lieberman classic, Yerushalmi Kifshuto with a few pages of additions. Also printed this year is volume two of the Kuntres hatushuvos Hachdash already reviewed here. Additionally, one should keep an eye out in their “cheap section” as there are always some good titles. The Israel Academy of Sciences and Humanities finally released the much awaited volume of Yerushalmi Nizkin with many additions from the Italian Gneziah. Machlekes Herzog advertises that they have a new book form Professor Grossman on Rashi called Emunah Vedoes Bolamo shel Rashi but this title will not be printed for another few months. Beis El has a new title from R. Reuven Margolis called Tal Techeyah. This work was very rare and has not been reprinted since 1922 it’s a collection of six pieces of his in his typical excellent style. Mechon Ben Zvi has a new volume in there set of critical editions of classics of Sefer Hamakabim and other works – the Chayeh Yosef from Yosef ben matisyhu. Another important work just printed is the Chemas Hachemdah (from 1285)on chumash Breishes. One should keep an eye out on there cheap section as there are some great titles for really cheap prices. Yediois Hachronis reprinted an old work of Shadal called Yesodei Hatorah. This new edition of theirs has a new name – Al he-Chemlah ve-Haskakha. Merkaz Zalman Shazar has released some new titles among them a book in there about Shai Agnon. This is another book which is part of their recent series on the great leaders throughout the generations. Another title is from E. Shoham- Steiner called Charigim Bal Charcahim which deals with crazy people, leprosy, and people who had physical problems how they were looked at in the Middle Ages. Kiyum Beidan Shel Temuras a collection of articles about life in Germany from 1618-1945 – 647 pages these are articles from the English and German parts translated into Hebrew. Another title isHistography be- Mivchan which is a collection on Jacob Katz. Another very important title which they printed is ha-Yayin be-Yemei ha- Benayaim. This volume is the much awaited part two of Professor C. Solovetick book Yaynam printed by Am Oved a few years back. This volume is 480 pages and looks incredible. Here again, one should keep an eye out on there cheap section as there are some great titles for really cheap prices. The Bialik Institute printed a very important work on Canonaztion of The Zohar from Boaz Huss. This book contains very valuable information on this controversial and senstive topic. [This title was printed with Ben Zvi and is a little cheaper by them]. An older title of theirs just reprinted is Y. Libeis book called Sod Hemunah Hashebatous. Meketzei Nerdamim released two important new titles one is a critical edition of Rashi on Meschtos Megilah. Another is Shiriei R Aron Al-ammani from twelfth century Egypt. Magnes Press this year has issued a few nice titles amongst them: Simchat Haregel be-Talmudum Shel Tananim by D. Henshke, Min ha-Rambam le-Shmuel Ibn Tibbon from C. Fraenkel. They also reprinted a few older titles amongst them E. Fleischer classicShirat Hakodesh Byemi Habnayim, Rashi by S. Kamin and the Rashbam on Kohles by S.Japhet and R. Salters. Mechon Yerushalim promised last year a new volume to their critical edition of the Teshuvos of the Rishonim the Shut Harif well it is out and looks great. They did not edit out the important notes and haskomos of Rav Kook on one of the editions they printed in this volume as other people would do these days. This volume is only part one and looks well done hopefulay part two will be printed shortly. They used the works of R. Dovid Rothestein and R. Leiter. Some other new tiles of there are: volume three of the Ramban on chumash Vayikra, Mordechai on Pesachim, volume five to their Nodah Beyuhadh set. Seder Parshyious of the Adres on Shemois and Ginas Veradim of the Prei Megadim. Kibutz Hamechuad has put out many nice titles this year. One is a beautiful critical edtion of Mishnayis Shevies from professors S. and Z. Safrai. Other works of note include ha-Mavad Atzmos la-Daat by Y. Lichtenstein all about suicide. Another book from the same author put out earlier this year is called me-Tumah le-Kedusah which deals with going to Kevrei Tzadkim. Another title is a new study On the Jews in Germany in the middle ages called ha- Ashkenazim ha-Rishonim by A. Frischman. (reviewedhere ) Lag Ba-Omer and Upsherins in Recent Jewish literature: Revisionist History and Borrowing and Plagiarism

Lag Ba-Omer and Upsherins in Recent Jewish literature: Revisionist History and Borrowing and Plagiarism By Eliezer Brodt In this post I would like to touch upon some of the topics relating to Lag Ba-Omer through a discussion of the latest volume of R. Tuviah Freund’s Moadim le-Simcha. By way of introduction, in the past few years, the field minhaghim, specifically the research and investigation of sources and reasons for custom has expanded exponentially. To be sure, from early rishonim and onwards we have many books discussing minhag. But, only more only more recently, did the systematic study and collecting of sources as they relate to minhag really start. The basic idea underlying this particular area of research involves digging up as many sources as one could related to a particular minhag and then to try and put together a comprehensive picture of the development of the specific minhag. This is a time consuming process. To begin with, one has to carefully track down early sources, figure out who is earliest source, and then try to understand the reasons given for the custom on the whole. Additionally, one has to be mindful of who influenced whom, separate the development from the original unadulterated custom, as customs, being the product of human development tend to themselves to develop over time. The older a minhag is, the more difficult a challenge as the possible source texts multiply and patience is required to put together the whole puzzle.

The recent interest in the field has produced many articles and books. Although many of these articles rely on one another, proper attribution varies widely. Some authors always give credit, while others just “borrow” sources and still others take entire text portions without any attribution. At times, to obscure this misappropriation, the order of the original article is changed although the text remains the same.

Bar-Ilan University professor Daniel Sperber, in the introduction to his eighth and final volume of his Minhagei Yisrael, catalogues and comments on many recent works minhag. In an earlier volume he published a bibliography on minhagim by Prof. Yosef Tabory.

The Moadim le-Simcha Series

In this genre, one of the more recent and popular books is Moadim le-Simcha, by R. Tuviah Freund. The sixth volume of this series has just been published. The volumes follow the yearly holiday cycle and this latest volume covers the holidays appearing in the months of Iyyar and Sivan.

R. Freund first publishes portions of the books in the newsweekly Hamodia (Hebrew). Then, he updates them and collects and arranges them according to the months. Overall, the material found in this collection is excellent. R. Freund uses a wide range of sources and it is obvious that he works hard to put out a good product. Moreover, just collecting this disparate material in one place is admirable.

But, aside from doing his own research – a task that is obviously quite time consuming – R. Freund employs two other methods that ultimately allow him to produce these books. As I have elaborated on in the past, Machon Otzar ha-Poskim has a card catalogue comprising thousands of topics with a phenomenal amount of sources related to those topics. R. Freund, as other contemporary authors, uses these cards to get a head start (alternatively, sometimes the cards provide everything) on the articles in Moadim le-Simcha. R. Freund freely acknowledges, at the beginning of each volume, that he relies on these cards.

As we have previously noted, another source of R. Freund’s materials, however, goes unacknowledged. On many topics, not necessarily all, he locates a key article of a talmid hakham or academic scholar, and then R. Freund proceeds to use their material. At times he mentions the original source in a random footnote while on other occasions he makes no mention at all.

Of course, there is no problem using someone else material so long as the source is clearly noted at the outset of the chapter that you used it and you are adding on your own finds. To be sure R. Freund is not the only who fails to properly note all of his sources; many authors do this today both in the traditional rabbinic and academic communities, and this is not a new phenomenon. Indeed, below, we will see another such example.

Setting aside this methodological issue, Moadim le-Simcha also suffers from lack of proper organization. Chapters do not flow into one another like they should, content is not put in chronological order and many times sources are not given. One other issue is one can always find more material touching on the topics covered in Moadim le-Simcha. Although this is not a criticism of R. Freund but is an issue anytime someone attempts to collect material on minhagim. Overall, however, Moadim le-Simcha is well worth one’s money as it does have a wealth of information some of which will not be found else where on many interesting topics relating to the months of the year.

Moadim le-Simcha, volume 6 – The Customs relating to the Months of Iyyar & Sivan

As mentioned above, the latest volume of this series covers Iyar and Sivan. The first article is a lengthy one covering the issues of becoming bar-mitvah during the sefirah period. This one section is over ninety pages. The next topic is Pesach Sheni. The next eight articles cover topic that are connected with Lag Ba-Omer. The final section covers Shavous topics.

It is the Lag Ba-Omer section, however, that will be the focus of our discussion. Topics covered include the recent minhag pp. 146- 148), bows and arrows on Lag Ba-Omer) ח”י רוטל called (pp. 155-58),[1] and the origins of bonfires on Lag Ba-Omer and burning clothing. There is then a detour to discuss the more general custom of lighting candles at graves year-round. Then we return to Lag Ba-Omer with a discussion of Upsherin and a section on peyos, after which he discusses the custom of learning at the kever of the Rabbi Shimon bar Yochai (“Rashbi”), followed by a chapter on the halakhic discussions relating to Kupas (charity) of Rashbi. On the topic of Rashbi, R. Freund turns to the controversial topic of authorship of the Zohar, as well as some general aspects of studying Kabbalah. Then we have another detour to discuss visiting graves of Tzadkim in general. He concludes this section with a discussion of the minhag to go to the kever of Shmauel ha-Navi on the forty-third day of Sefirat ha-Omer. We now turn to the content of these chapters and Lag Ba-Omer generally.

Traditionally, the sefirah period is considered a time of mourning. The most well-known reason given – offered by the rishonim – is the mourning is due to the death of students of R. Akiva who died during this time of the year. Because this is deemed a mourning period, we refrain from shaving, taking haircuts, dancing, listening to music and making weddings, etc. Interestingly, some seem to think that there is an additional minhag during this time of abstaining from purchasing new clothes in order to avoid making a shehecheyanu; however, this is wrong. Many poskim write that people erroneously confuse the sefirah period restrictions with those customarily applied during the three weeks. Indeed, during the three weeks, one should refrain from buying new clothes to avoid a shehecheyanu, but during sefirah no such halakha applies. For example, the Mishnah Berurah writes that if during sefirah [493:2]:

מ”מ אם נזדמן לו איזה ענין שצריך לברך עליו שהחיינו יברך The source for this ruling is the Ma’mar Mordechai who writes:

לא מצאתיו בשום ספר ראשון או אחרון ואין ספק שנשתרבב זה המנהג ממה שכתוב בשלחן ערוך לקמן סי’ תקנא דטוב ליזהר מלומר שהחיינו בין המצרים על פרי או על מלבוש While this is the halakha, today we do know that in fact there is some bases for refraining from shehecheyanu during sefirah. As many manuscripts have come to light, one of these manuscripts reflects this customs. In fact, this topic was comprehensively covered by R. Gedaliah Oberlander in his journal Ohr Yisroel, and later reprinted in his collection on minhaghim called Minhag Avosenu be-Yadenu (Merkaz Halakhah, 2005). There is much to add on this topic and I hope to return to it in a future post at the Seforim blog. While on this topic of shehecheyanu during sefirah, it is worth noting that one of the earliest sources reflecting this custom is the Leket Yosher. R. Zilber, quoted by R. Ben David, in his article in Tzohar, uses this example to question the authenticity of the Leket Yosher. Basically, they argue the Leket Yosher must be a forgery as this custom is only attested to in recent times. But, as I mentioned R. Oberlander demonstrates that there are many sources for the shehecheyanu restriction aside from the Leket Yosher. (Also, R. Ben David, in a later issue of Tzohar admitted that the fact the Leket Yosher may confirm what was believed to be a later custom is meaningless and disavowed his reliance on R. Zilber.)

Prof. Daniel Sperber (Minhagei Yisrael 1:101-117) posits that the mourning customs during sefirah are mainly due to the crusades, as many of the most horrific events of the crusades took place during the sefirah period. As evidence, Sperber notes that in Ashkenaz there was a custom to refrain from cutting one’s nails – a terrific extension of symbolic mourning. Moreover, in Sefer Assufot [printed in a few places- see Meoros ha-Rishonim p. 89] it says:

ועוד נראה לי מה שאין נושאין נשים בין פסח לעצרת, מפני צער הקהלות בכל המלכות, ומתענין עליהם ומזכירין נשמות באותן השבתות ומצטערין ודואגין עליהן באותו הפרק In Spanish sources, however, we find that they were much more lenient some going so far to permit marriage during the sefirah period. (For one example of this leniency, see the manuscript published by Meir Benayahu,Yosef Bechiri [Jerusalem, 1991], 518-20).

Now for some reason or reasons all these prohibitions are lifted on Lag Ba-Omer. Additionally, there is a custom to celebrate on Lag Ba-Omer, while to a more limited degree in many places, but especially in Meron at the Kever of Rashbi. In Meron there are great celebrations with music and dancing and the like on Lag Ba-Omer. The obvious question, however, is why?

Now I will not even attempt to provide all the answers offered, but in a moment I will point the interest reader to additional sources. There are many early sources for simcha on Lag Ba-Omer, also that tachanun is omitted, marriages are allowed and so is shaving. In some rishonim the reason given is because the students of Rabbi Akiva stopped dying on Lag Ba-Omer. This reason, however, provides no insight into the connection between Meron and specifically Rashbi and Lag Ba- Omer.

One of the most famous reasons explaining the connection between Rashbi and Lag Ba-Omer – if you ask anyone this will probably be their reply – is because the Rashbi died on Lag Ba-Omer. Assuming for a moment this is factually correct, it is quite strange that we celebrate Rashbi’s death. We don’t find any other yahrzeit that we celebrate it in such a way and we had many other great people die besides for Rashbi, Avraham, Moshe, David HaMelech, etc. – none of whose death we celebrate with bonfires. Another problem is that neither chazal nor any of the rishonim mention Rashbi dying on Lag Ba- Omer. These questions and others were addressed by the Hatam Sofer in his teshuvot. In fact, because of these problems, he was very skeptical – to put it very mildly – of this celebration that takes place at Meron.

As an aside, an unknown sources about this whole topic is a statement found in some versions of Toledot Ha-Arizal (Sefer ha-Ari, 219) it is also found in a manuscript of the Chida which says:

בימי מרן (ר’ יסוף קארו) הסכימו שלא יעשו ישראל הערביים מחול בל”ג בעומר על ציון רשב”י. ונראה למרן וב”ד שהוא זלזול שאוכלים ומרקדים, ונכתבה ולא נחתמה. בלילה חלם מרן עם הרשב”י וא”ל שתבא מגפה גדולה בעבור זו ההסכמה, כי רצונו שישמחו בהללולא, ולמחר קרע את ההסכמה With this introduction regarding Lag Ba-Omer, we can now turn to the Moadim le-Simcha’s discussion of Lag Ba-Omer customs.

He starts the topic of Lag Ba-Omer with a nice list of issues regarding Lag Ba-Omer giving the impression that this list indicates the progression of the articles. The reader is quickly disabused of this notion as R. Freund jumps from topic to topic at times returning to earlier topics with no discernable order. After carefully reading the Lag Ba-Omer section, I decided to compare R. Freund’s work with that of R. Betzalel Landau’s [author of ha-Goan mi-Vilna] on Lag Ba-Omer R. Landau’s sefer is a collection of .מסע מירון called articles printed in 1966 and as is the case with R. Freund, R. Landau’s articles also first appeared in the Hebrew weekly Hamodia. R. Landau’s work is printed along with the Maseh Meron of R. Mendel Rabin. R. Landau’s articles deal with everything connected to Lag Ba-Omer, from the visiting of Meron and the accompanying celebration to Upsherin and much more. It is written beautifully, well organized and has excellent sources including manuscripts and many rare seforim.

After comparing the material, I noticed that R. Tuviah Freund basically lifted all the material from R. Betzalel Landau with one big difference: where R. Landau presents the material in very organized fashion, R. Freund does not. To be sure, Freund adds much material to the topics discussed by Landau and Freund covers areas not covered by Landau. On the other hand, Freund omits many interesting topics and sources relating to this day that he should have dealt with such as discussion of the song Bar-Yochai.[2] The point is not that Freund used the sources collected by Landau but rather at the outset of the articles Freund should note his debt to Landau and reference the reader to Landau’s work for its additional materials. In fact, in passing on at least two occasions Freund mentions “Mase Meron” indicating that indeed he was aware of and used Landau’s work. To make this even more bizarre, the only times Freund cites Landau, in truth, Landau was merely quoting from Avraham Yaari, Iggerot Eretz Yisrael (Tel Aviv, 1943), a work that Freund uses directly in other places (379-384). In other words, the times he does mention Landau’s work it was almost unnecessary while where Freund should mention it he does not. Is it to say that only here he used Landau work and the rest he found himself? I find it hard to believe and quite silly – there is no problem to use someone else’s material as long as you give them proper credit.

A Revisionist History of Lag Ba-Omer and Another Example of Plagiarism.

Before returning to the rest of R. Tuviah Freund’s Moadim le- Simcha, we need to examine another recent article that appeared in the journal Yeshurun (no. 15) authored by R. Moshe Blau. R. Blau’s article is devoted to Lag Ba-Omer and is well organized and clearly written – a model for R. Freund to learn from. While these facts distinguish R. Blau’s article from Freund’s, Blau actually has something in common with Freund – Blau too plagiarized.

Again, Blau uses information that appears elsewhere without mentioning the sources. Specifically, Blau plagiarized from Avraham Yaari, Meir Benayahu, Betzalel Landau, and possibly even R. Yaakov Hillel, as I will demonstrate below.

As I mentioned earlier many traditionally many claim the yarzheit of Rashbi is on Lag Ba-Omer. While this claim is well-known the source of this tradition is more difficult to locate. Avraham Yaari and Meir Benayahu show that the earliest source to mention Lag Ba-Omer as the yarzheit of Rashbi is none other than the Hemdat Ha-Yamim. (R. Yaakov Hillel also confirms this on page 13 in his Aid ha-Gal ha-Zeh.)

There were some, however, who attributed the Lag Ba-Omer death date of Rashbi not to Hemdat Ha-Yamim but to R. Hayyim Vital, whose source was the Arizal. In truth, it is a mistake to give R. Vital credit for this. The source of this mistake was based on a simple printing mistake in one version of the Prei Etz Chaim which was first printed in 1782 – available here. (For more on this edition see R. Yosef Avivi, Binyan Ariel, pp. 68-71.) That edition reads:

והטעם שמת רשב”י ביום ל”ג בעומר כי הוא מתלמידי רבי עקיבא הנ”ל שמתו בספירת העומר The Chida already writes that this is a mistake and instead of שמחת one letter is missing and the correct reading is ,שמת .So it is not a reference to Rashbi’s death day at all .רשב”י Avraham Yaari demonstrates that other sources aside from the Meir Benayahu .שמחת Prei Etz Chaim confirm this reading of also concludes this is the correct reading using manuscripts. Finally, R. Yakov Hillel also writes that it is clear from viewing many manuscripts of the Prei Etz Chaim that it is a mistake. [3]

Turning to the origins of going to Meron, again, Avraham Yaari, in an article in Tarbiz 22 (1951) has a very detailed piece showing how the custom of going to Meron was taken from an earlier custom of going on Pesach Shnei to the kevarim of Hillel and Shamai in Meron. Soon after Yaari published this article, Meir Benayahu penned a strong rebuttal (Sefunot 6 pp. 11-40), and is again summarized in Sefer Vilnai 2:326-330). According to Benayahu, the custom of going to Meron was begun by the “Mekubeli Sefat.” Irrespective of whose side one falls, both articles are full of interesting facts about the development of this Lag Ba-Omer. In my opinion, Benayahu appears to have the upper hand. More recently, Tel Aviv University professor Elchanan Reiner revisited this topic in his incredible dissertation, “Pilgrims and Pilgrimage to Eretz Yisrael (1099-1517),” (PhD dissertation, Hebrew University of Jerusalem, 1988), 295-320. (Hopefully, Dr. Reiner will publish this in book form.)

Returning to Freund’s article on Lag Ba-Omer, there is no doubt he used both Landau and Benayahu, as he quotes them in his notes. At the end of his article, Freund raises the older, although less known, custom of going to the grave of Shmuel ha-Navi (again close to Lag Ba-Omer) (p. 384). In doing so Freund quotes an early source for this custom, a source that is only in manuscript. But, Freund provides no citation where this source can be found. In fact this comes from Yaari (neither Landau or Benayahu mention it) who notes that this was originally published in Jacob Moses Toledano, “Teudot mikkitvey-yad,” Hebrew Union College Annual 4 (1927): 449-466, quote at 458. So either Freund was perusing random old copies of HUCA or more likely, he found Yaari’s article on Lag Ba- Omer and neglected to mention that.

Coming back to Blau’s article, the general idea of Blau in his article is after dealing with all the sources of why Lag Ba- Omer is different than the rest of Sefirat ha-Omer. His new ideas which he brings to the table are that 1) the earliest source for Lag Ba-Omer being the death of Rashbi is from Hemdat ha-Yamim. This point was already made by both Yaari and Benayahu. 2) The printings of Prei Etz Chaim contains a printing error (Blau shows this to be the case from various manuscripts he checked). Again, not a new point, while it is nice that he prints in the article copies of the various manuscripts but this also was already shown to be the case by Benayahu much earlier. 3) Finally, at the end of his article he brings from a manuscript that R. Yosef Karo wanted to stop the going to Meron but did not. Blau, however, concludes that this fact is not mentioned by the Chida because the Chida did not believe this manuscript was legitimate. This whole major manuscript is brought by Yaari and Benayahu. The text itself is printed in Benayahu’s Sefer HaChida. Additionally, R. Landau also discusses this point. None of this is noted by Blau. All in all this leads to the conclusion that much of Blau’s article is premised, without attribution, on Yaari’s, Benayahu’s, and Landau’s works on the topic.

As an aside both R. Yaakov Hillel and R. Ovadiah Yosef (Yabia Omer 5:35 and Hazon Ovadiah, p. 274) do not encourage going to Meron on Lag Ba-Omer due to the situation of pritzus there. R. Hillel is also against going on these types of hilulas throughout the year.

In actuality, while it is difficult to connect with the death of Rashi, there is another important person who perhaps did die on Lag be-Omer, Yehoshua ben Nun. (See R. Hamberger, Shoreshei Minhag Ashkenaz 3:262). In Meglias Ta’anis, the last section, there is a part titled Meglias Ta’anis Batra. In many versions of this text, it places Yehoshua ben Nun’s death on Lag be-Omer. Professor Shulamis Elitzur, in her excellent book, Lamu Tzamnu, deal with the death date of Yehoshua ben Nun at length. She cites to many early piyutuim that mirror this reading found in Meglias Ta’anis. (See Lamu Tzamnu pp. 18, 26, 34, 39, 66, 120, 126, 172.) Generally, Lamu Tzamnu is a scientific edition of Megilas Tannit Batra. For further on this, see also her Piyyutei R. Pinchas ha-Kohen, pp. 240 & 693. See also, Landau, p. 71, who errs in this regard based on a faulty manuscript; S. Leiman, “The Scroll of Fasts: The Ninth of Tevet” in J.Q.R., vol. 74, pp. 174-95, esp. pp. 174-79; Reiner, op. cit., pp. 289-90.

Moadim le-Simcha on Upsherin and Peyos

Now that we have covered the two latest discussions of Lag Ba- Omer and their similar faults, we return to the rest of Moadim le-Simcha. Freund’s next major topic is that of Upsherin. The problem with this article is that it is not objective.

The source for the Upsherin custom is highly problematic. R. Benyamin Shlomo Hamberger, Shorshei Minhag Ashkenaz 3:251-267, attacks it for the following reasons: there is no mention of this custom in any of the rishonim. Now do not say they did not bother to write it down as we have very detailed discussions from the rishonim about this time period in a Jewish boy’s life how to take him to cheder etc. (discussed by R. Hamburger at great length in volume two of his Shorshei Minhag Ashkenaz 2:502-532) but there is no mention of the Upsherin custom.[4] Furthermore, he shows from many places in the times of the rishonim they cut their hair long before three years old. Another big question dealt with by Yaari and later on in more detail by Hamberger is the attributing the custom of Upsherin on Lag Ba-Omer to the Arizal. This attribution is problematic as it is documented that the Arizal did not cut hair the entire sefirah – including Lag Ba-Omer. This particular issue M. Benayahu does not find to be such a problem as it could be what he did to his son and what he himself did were two different things. Another issue R. Hamberger raises is even if there is such a minhag what does it have to do with Rashbi and where do we find such a thing to give a haircut in a grave yard? Further more he brings sources [amongst them a National Geographic Magazine!] which claim that it come from outside – Arabic influences. R. Hamburger does defend it a little that it still makes sense to keep if it comes from outside sources. However after seeing all this documentation of R Hamburger notes that it makes sense why we can not find sources in litvishe or Hungarian sources – as there are no early sources in rishonim!

Professor Sperber [Minhagei Yisrael 8: 13-30] takes Hamberger’s discussion much further documenting how this comes from many completely outside ancient sources. R. Yechiel Goldhaber (author of the Minhagei ha-Kehillos) told me that he just saw a manuscript of a letter of R. Akiva Yosef Schlesinger who writes very sharply that this whole custom is taken form outside sources. Generally, Freund has no problem mentioning R Hamburger as he quotes this very same volume in another chapter of his in this sefer – saying Tikun on shavuos night. But when it comes to using Hamberger to question or examine Upsherin, Freund seems unable to do so.

After this chapter Freund has a section all about the customs of peyos including different opinions about wearing it behind ones ears. A careful reading of this chapter shows he stole much [and he could of stolen even more] from Yitzchak (Eric) Zimmer’s chapter in his Olam Keminhago Noheg (Mercaz Zalman Shazar, 1996) devoted to these topics.

Freund continues with a chapter on the development of the tomb over Rashbi’s kever and its history. He has a lot of important information on it. I would add to it the last section of M Benayhu previously mentioned article (which I think for sure Freund was well aware of on this topic of Meron in general).

The Zohar and its History

In connection with Rashbi, Freund examines the Zohar, its authorship and other topics related to the learning of the Zohar. This topic really deserves its own series of posts but for now I will just point out three issues. He does not mention that there was any opposition to the authorship of the Zohar. Now I understand perfectly well why he does not mention Yehudah Aryeh (Leon) Modena and others but there is one work which definitely deserves mention and that is the Mitpachat Seforim from R. Yaakov (Jacob) Emden. This work is not an attempt to undermine Kabbalah at all but rather it shows that there was some tampering done to the Zohar by different people. To be sure this work was considered very important by many as the Hatam Sofer writes in a teshuvah [Choshen Mishpat Likutim, 59] to someone:

הנה נמצא בשכונתך ס’ מטפחת ספרים למהריעב”ץ תמצא שם כי דבר גדול דבר הנביא ז”ל בענין זה הלא ישתוממו רואיו וד”ל Interestingly enough a few years back this sefer was printed by someone than it was put in cherem by the badatz! The printer was cursed by sefardi mekubalim and he died within the year! This edition of the sefer is now considered very rare. Indeed, included in the introduction to this edition, are other sources attesting to the importance of the Mitpachat Seforim. Additionally, R. Eliezer Waldenberg, in his Tzizt Eliezer cites the Mitpachat Seforim. (Tzitz Eliezer 9:51 and 21:5).

Another issue I have with this chapter is he does not even mention the famous discussion of the poskim regarding contradictions between Kabbalah and halakha; much has been written on this I will not even bother to cite sources.

One other issue with this chapter is at the end he lists commentaries on the Zohar although he does not claim to make a comprehensive list there are some strange omissions. One is the work of R. Reuven Margoliyot on the Zohar it is extremely important with all his comments as he draws parallels from all over chazal another thing he does is he references many halakhic discussions from the Zohar. Besides for this R. Margoliyot deals with all the questions which R Emden raises in his Mitpachat Seforim. R. Shlomo Zevin, Soferim ve-Seforim, has a beautiful review of R. Margoliyot’s work. One other important work that is not listed is Tiferet Zvi from R. Spielman. Thus far it is only six volumes, going up until chumash Vayikra. This work is literally an encyclopedia on the Zohar dealing with the hundreds of halakha and kabbalistic topics relating to the Zohar [see the comment of Professor Yisrael M. Ta-Shma, ha-Niglah she-b’Nistar, 109 n. 13]. It is very ironic that during R. Spielman lifetime he had to peddle his seforim going door to door begging people to buy them and now it is a very hard to find to purchase.

Finally, Freund discusses visiting kevarim in general – he includes a special section about Kohanim. Here Freund writes openly at the outset that he used an earlier work but he should have been aware there is a much more through and important work on the topic from R Spielman called Zion Lenefesh Chayah.

General sources: All about Lag Ba-Omer (much of the material overlaps) see R. Shlomo J. Zevin, Moadim Bahalcha pp. 359-64; S Ashkenazi in Avnei Chain pp. 103-11; Pardes Eliezer.

For personal accounts of Lag Ba-Omer see Chanina Mizrachi Yehudei Paras (Tel Aviv, 1959), 29-34. For a Christian traveler account from 1838 see Maseh ha-Notzrim, 496 see id., 517-18 for another account.

Others used to go to Kever of Shimon Hazadik see: Nachlas Yosef [2: 42]; Eiyur Hakodesh ve-Yoshveha p. 43. See a Christian traveler account from 1838 in Maseh ha-Notzrim p. 448 – he mentions that they cut the hair there.

On going to Meron in general see: Kivrei Avos pp. 179-81; The excellent collection from Z Vilani in his Mazavos be-Eretz ha- Kodesh pp. 117-150.

On Shmuel ha-Navi and visiting his grave, see Lamu Tzamu pp. 177-180; Reiner op. cit. pp. 306-320

Notes: [1] On using bow and arrows on Lag Ba-Omer: see the sources listed by Landau, ibid pp. 124-26 [At this point I am unable to find the source for the riddle of the Malbim that Landau brings.] Moadim le-Simcha pp. 155-59; Pardes Eliezer pp. 229-49; ha-Koton ve-Halachosov chapter 24 p. 59 n. 22; Kundes p. 49 [see here on this work]; Zikhronot Av u-Beno p. 231; Zikhronot me-Rav Litai p. 245 [on this work see here]; A.S. Sachs, Worlds that Passed (Philadelphia, 1928), 112.

[2] About the song Bar-Yochai (which he choose not to talk about it at all), see Landau piece in Maseh Meron; the excellent study by Professor Moshe Hallamish, in Hakabblah, 507-531. See also Hallamish’s Hanageios Kabbalios be-Shabbat pp. 300-03. On general songs composed for Rashbi see Hallamish in Hakabblah pp. 259-83.

[3] R. Yaakov Hillel deals with all this in his sefer Aid ha- Gal ha-Zeh printed two years ago. This is a nice sefer all about Lag Ba-Omer and the Zohar. He has many interesting chapters including the origins of the Zohar the importance of learning Zohar and how to learn it. Another chapter he has is on the topic of contradictions between Kabbalah and halakha. He also has a chapter on Torah Lav Min hashamaayim and its relation to pesak halakha. He also deals with this topic in a few other places in his notes on Moreh Betzbah of the Chidah. It is worth seeing the latest edition, page 159 and onwards, as it is updated from the 1980 edition. He also dealt with this in his journal Mekabtzeal (25: 45-59). R. Hillel definitely saw what Benayahu writes on the topic but he does not credit him at all.

[4] For more on this see Ivan Marcus in Rituals of Childhood (Yale, 1996) and in his Jewish Lifecycle (Washington, 2004).

Review of Professor Daniel Sperber’s Netivot Pesikah

Review of Professor Daniel Sperber’sNetivot Pesikah by Eliezer Brodt Professor Daniel Sperber, Modes of Decision – Methods and Approaches for Proper Halakhic Decision Making, Jerusalem, Reuven Mass, 2008, 207 pages; Hebrew.

פר’ דניאל שפרבר, נתיבות פסיקה ‘כלים וגישה לפוסק ההלכה’ ירושלים, תשסח, ראובן מס, 207 עמודים Last week a new book from Rabbi Prof. Daniel Sperber arrived in stores, Netivot Pesikah. This is his third book which he authored in less than a year (see here and here for reviews on them). Before I begin I must say at the outset this book follows in the path of his most recent bookDarkah Shel Halakha in that he discusses very sensitive topics and says things that many will take issue with. In this post I will not even attempt to deal with all that is discussed in this book as that would require its own book which others much better suited than I could do. What follows is a review of some of the points which he makes in this book including some of my own opinions for whatever they are worth. This is just some preliminary remarks as many topics contain much information and, in time, will be subject to their own posts. This book is an expansion of essays that he has written in English first printed in the book Modern Scholarship in the Study of Torah, and later, reissued in a separate booklet “Legitimacy and Necessity: Scientific Disciplines and the learning of the Talmud.” This volume is an expansion of those essays including many additions and some new chapters never printed before. The first two parts of the book deal with what a Rav specifically needs to know and use modern day tools to reach proper conclusions in halakha. Sperber includes all kinds of samples to prove his points, including many examples from old texts and historical works. As Sperber writes in the introduction of his English edition:

This study seeks to demonstrate that there is a need to use scientific discipline when examining rabbinic texts. These texts include textual clarification based on manuscripts and early printed editions, philological studies to ascertain the exact meaning of difficult terms, seeing the text in its historical, sociological and literary settings and the use of material evidence to understand the physical aspects of an object discussed. Without the appreciation of these methodologies we often miss the main point of the text, and in some cases even err to the particular halachic implications.

He begins this latest volume with the following statement — which is really picking a fight in a quiet way — that it is well known that in the yeshiva world they mock the academic world saying they are concerned with what the Tanaim and Amoraim wore, whereas we are concerned with what they actually say. He says although it is certainly very important to know what they say, it is also very important to know what they wore. He shows a few examples that demonstrate this point that by not knowing what they wore, there were mistakes in understanding different areas of halakha such as in hilkhot tefilah and in hilkhot nidah. Additionally, another example offered by Sperber, is from the laws of tying on Shabbat, where he ably demonstrates that if one has a full understanding of sailor knots, this knowledge allows one to fully understand the gemarah dealing with these issues. These examples, according to Sperber, show the importance in having this kind of knowledge. He than goes in to a lengthy discussion of what is known today as the scientific method of learning gemarah. Professor Sperber shows that this form scientific method of study is not new, rather, it dates to the times of rishonim. Further, he shows that there were great people such as the Sredei Eish who was involved with such methods and that if done properly this method is very important. In this section it is clear that even Professor Sperber is well aware of the great dangers of it and he does not know exactly how to go about mainstreaming it as opposed to the rest of this volume. A quote that Professor Sperber brings from R. Avraham E. Kaplan is appropriate here:

הוגי התלמוד שבארצות המערב מרבים להשתמש בסוד התיקון מתוך מציאות גירסאות. יש מהם שלא זזו מלחבבה, עד שבאו להעמיד את כל דרישתנ בתלמוד עליה בלבד. ויש גם בין חריפי המזרח ובקיאיו שסרו כאן קצת מן הדרך הנאות לצד שני שבדבר, הם הזניחו יותר מדאי את ענין הגירסות, לא כך היה דרך הקודש של רבותינו הראשונים ז”ל, הם הכניסו לתוך עמקי עיונם בגופי הלכות גם את הדיוק הגירסאי בלשון ההלכות, והרוצה בפירוש של אמת וצדק לצאת בדרך זו From there he moves in to a whole discussion of the usage of manuscripts in general and specifically about the famous opinion of the Hazon Ish. Sperber’s discussion is based on on Professor Speigel works Amudim b’Tolodot Sefer HaIvri, but he adds many excellent sources to those of Speigel. Specifically, he shows how many gedolim disagreed with the Hazon Ish as is evident from the haskamot and usage of the workDikdukei Soferim – an entire work devoted to using manuscript evidence to ascertain the correct text of the Talmud. Sperber quotes the Minsker Godol who praises the sefer Dikdukei Soferim. To this I would add two more quotes from R. Meir Halpern’s excellent book on R. Yerucham Leib Perlman, the Minsker Godol כל אות ואות“ :[R. Halpern taught the Minsker Godol’s son] שבדברי חז”ל היתה חשובה ושקולה בעיניו לעשותת אותה יסוד ולהעמיד עליה בנין ולקחת ממנה ראיה לדין והלכה. ולכן היו חביבים בעיניו ספרי דקדוקי סופרים, וכמה וכמה פעמים היה מראה כי על פי שנוי קטן בנוסחא מתיישבים כמה דברי גדולי הראשונים, שהבאים אחריהם נתקשו (בהם ולא ירדו לסוף דעתם ודחאום מהלכה”. (הגדול ממינסק, עמ’ 85 כשעלתה בידו ליישב שיטת איזה מהראשונים על“ :Elsewhere he writes פי נוסחא ישנה שמצא בגירסת התלמוד, היה בעיניו כמוצא שלל רב ואין קץ לשמחתו. ולכן היו ספרי דקדוקי סופרים של הר”ר רפאל נטע (רבינוביץ יקרים וחביבים לו”. (שם עמ’ 159 Professor Sperber then continues with another topic, showing the need to know about different printings and printing mistakes. He shows how the knowledge of bibliography helps one come to a proper understanding of the topic of parashat Parah being d’oraitah — and it is somewhat ironic that on this very page there is a mistake where Sperber writes the name of the Prei Chadash as R. Yechezkial, where it should really say R. Chizkiyahu]. Professor Sperber writes that the teshuvot on the topic of smoking today should take in account that all the earlier literature on this topic is from a time when they did not realize the dangers of smoking.

In the second section he has thirteen excellent examples (including pictures) demonstrating how using manuscripts helps one come to a proper understanding of the Yerushalmi. He gets in to a discussion of mesorah, nussach hatefilah. This later point leads him in his notes to deal with all the different printings of the siddur of R. Jacob Emden as much was added in over the years which was not written by R. Emden until the new beautiful edition by Eshkol was printed. [Even Eshkol edition, however, is not perfect and does not fully reflect the opinions of R. Emden, but it is much better than previous siddurim that claimed to reflect R. Emden’s positions.] Sperber offers an example how censorship from the censors causes a wrong Pesak on topic of halakhot of lo sichanam. He has a small discussion about the Besamim Rosh, and a more lengthy discussion on how the proper dating of when the Rama died plays a role halakhically. He shows how a Kaarite explanation crept into many rishonim and how a mistake in Rabbeinu Yerucham without using manuscripts causes a wrong halakha. Finally, he has a lengthy discussion of the edited teshuvah of the Rama on yayin nessach. These are just some of the many topics one can find in this sefer.

The last two parts of the sefer are a continuation of his previous work Darkah Shel Halakha, including new information on topics discussed there on the feelings a posek must have to the people asking questions. (Sperber has a separate article on this topic, available here.) To illustrate the point he brings a beautiful story with R. Shlomo Zalman Auerbach, when after listening to a very complicated question, he told the person that he is sorry but that he can not answer him as he can not put himself in his shoes – it was towards the end of his life so he did not have enough strength.

The last part of Netivot Pesika are additional sources continuing from his Darkah Shel Halakha about how a posek should not to be overly machmir.

As always, Professor Sperber does not let us down with his breathtaking wide range of sources in his famous lengthy footnotes — 283 notes in total — quoting both from Hebrew and English sources. Of great interest to note is his tremendous Bikiut in all the seforim of R. Yaakov Chaim Sofer. This volume is also full of many nice stories and anecdotes to demonstrate his points. This book is much more organized than some of the other works of Professor Sperber, a complaint that many have voiced by some in the past. There are no tangents in tangents of tangents, as he sticks with each topic at hand.

One complaint I have with the book although he includes all the tools one needs to have today to render proper halakhic rulings, there is a glaring omission which I feel should be the few pages explaining how it is proper to learn Torah and that all the Torah sources are the first and most important things that one needs to master first. Only afterwards are these tools helpful and necessary, otherwise these tools alone will not help much.

When I finished reading Netivot Pesika I was stuck with the following feeling: A while ago when reading the excellent article of Dr. Shlomo Sprecher on mezizah b’peh I thought to myself that its lucky I am not a Rav, as this evidence is so hard to deal with. I never went to medical school and I have doctors saying each way and besides that I have the excellent documentation of Dr. Sprecher on this whole topic showing the whole historical development of this halakha convincing one how one can do it b’klei. This book also continues showing me how hard it is for one to become a Rav these days and anyone reading it thinking of pursuing such a career might change their minds.

My outcome after seeing all this unbelievable evidence would be that every rav has to make sure to carefully check up the sources he is using to reach his pesak and if it is related to issues of science or knowledge outside of learning to consult an expert of that particular field, but going to school would not teach one all of this as Sperber himself admits that how many languages could one learn already (pg 50) and still have time to learn Torah which is always supposed to be the main thing? There are many sources which show that one can learn other sciences, etc., and the great necessity of knowing them of reach proper conclusions in pesak.

One has to be aware of all these methods and maybe know how to check up manuscripts. But there is no way every topic that one would be able to research from scratch and suspect that everything up until now is a mistake. Besides, who has such libraries, even with the various computer programs, no one has all these manuscripts and early printings so readily available. The Rabannim would never get anywhere with issuing p’sakim. Rather, a rav has to be aware of the issues that Prof. Sperber raises and consult experts of each particular field, whether dealing with bankers or real estate agents to understand what the market is, to consult medical experts with regard to medical and fertility issues, electrical issues, scientists and the like.

Thus, if someone is dealing with questions of hilkhot Shabbat and electricity aside for having to master the extremely complicated topics of Grama he also has to understand electricity a bit besides for this he would have to understand how this particular product he is dealing with works exactly. Today many rabbanim are well aware of this so they are very careful to check into exactly understanding how products work before issuing a pesak to list one example.

One of the greatest poskim of the past century, R. Shlomo Zalman Auerbach, was famous for how he consulted experts and tried to understand the exact facts before issuing a pesak. This is evident in all his writings on all of the modern day issues. One example: In recent years there has been much written on the bottle cap opening of shabbat — it even has its own huge sefer (as virtually everything else does these days) on the topic! One of the rabbanim who has been involved with this topic for years is R. Moshe Yadler, author of Meor Hashabbat, where he has written on this topic and spent many hours speaking to many gedolim about it. When he was researching the topic he made sure to track down every type of bottle, he visited factories to see how bottles are made so that he would be able to understand exactly how it is made so he would be able to pasken properly. When he gives a shiur about this topic he comes with a bag full of all types of caps to demonstrate to the crowd the exact way it is made, etc. He told me once that he spoke to R. Shlomo Zalman Auerbach about this many times at one point and requested R. Shlomo Zalman Auerbach to put in writing his pesakim to which the latter did. But R. Shlomo Zalman Auerbach’s son told R. Yadler that his father sat for three days with a soda bottle in front of him the whole time he was writing the teshuvah and he kept on taking it on and off. Another of the many samples of this are the writings of R. J. David Bleich in his now five-volume Contemporary Halachic Problems, two-volume Jewish Bioethics and other works.

In conclusion I would like to quote a lengthy passage from one of my favorite books HaGodol m’Minsk that expresses an idea similar to Professor Sperber,on what a Rav should know – [I got to this book after hearing many times from my Rosh haYeshiva R. Zelig Epstein Shlita how great it is] I apologize אף שם אל לבו להשתלם“ for not translating it into English בידיעת עניני העולם. ובאשר ידע כי התמדתו הנפרזה בתורה היא הגורמת לחסרונו זה, ומפני גודל שקידתו כמעט שלא דבר עם איש מלבד לענות שאלה באיסור והיתר או למי שבא לדבר בדברי תורה, והיו הכל נמנעמים מלבוא אל ביתו בראותם כי למשא הם עליו והוא מדבר רק בעל כרחו כאלו כפאו שד, ובו ברגע שמפנים שכמם ללכת הוא שב ללמודו בקול רם כמשפטו באופן שניכר ומורגש היה להם שבביאתם הם מבטלים את הרב מתורתו. . . לכן עלה על רוחו להשלים חסרונו בכל האפשר, ויאמר להנהיג תורתו מנהג דרך ארץ. ועל פי רמז מאתו וגלוי דעתא דניחא ליה, היו באים אליו לפרקים שניים מחשובי העיר. . . הם היו באים אליו בעידנא דמיפגר מתלמודו, והיו משעשעים אותו בשיחותיהם. זה מספר מעסקים ומסחרים שונים ומבאר פרטיהם ודרכיהם, וזה מדבר על גוי ועל אדם, מספר קורותיו והרפתקאותיו ומבאר דעותיו והשקפותיו. וכיון שנפרץ הגדר מעט, היו באים לפעמים גם אחרים מאנשי העיר בשיחם ושיגם. והרב היה מתענין ושומע ומתכוון לקנות ידיעה בעיני התבל והמציאות. אף היה מתיר לעצמו לפעמים ללכת עם אחד מאלה לטייל בסביבות העיר. ומדי עברו לפני בנין שונה ודבר לא רגיל היה שואל לדעת טיבו ומהותו. כן נמשך הדבר כשלשה ירחים לערך. הרב אמנם עשה חיל בלמודיו אלה ויעבור בהם את רבותיו אלה, שהיה קורא להן בדרך הלצה רבנן דאגדתא, מאיר דעובדי ובמשך הזמן הקצר הזה התעשר בידיעות רבות… והנה נשמט מזכרונו דבור אחד מהראשונים המדברים בזה ולא ידע לפי שעה מקומו והוצרך לחפש אחריו תלה את הדבר בביטול תורה של הפסקות האלה בשיחות וטיולים, ויצר לו מאד ויקט בפניו. וישב לחדר למודו ולקביעותו כבראשונה, והבקורים והטיולים חדלו… בעת זקנו אמר לי פעם אחת כד הוה בדיחא דעתיה רב אמר שמונה עשר חדשים גדלתי אצל רועה בהמה, ורבנו הקודש לא נתן לו רשות להתיר בכורות, ואני לקחתי לקח שלשה חדשים אצל בעלי הבתים והעולם לא נתנו סמיכתם לי על ידיעתי עניני הארץ. בכל זאת אוכל לומר כי הידיעות האלה שקינתי לי אז, הן הן שעמדו לי בכל ימי חיי, מהם אני .(שואף ויונק בכל עת שבא מעשה לידי”. (הגדול ממינסק עמ’ 59-63 Many of these points were demonstrated a bit in the convention and than journal Beis Havad previously discussed on the blog. Professor Sperber, however, goes ahead and demonstrates it much more clearly via many excellent examples to prove each point. The book is available in the U.S. at Beigeleisen and in Israel at Girsa books and directly from the publisher, Rubin Mass. The SOY Seforim Sale at Yeshiva University, has online ordering available (minimum order of $100), and hasDarkah Shel Halakha and Netivot Pesika.