More on R. Kook’s Recently Published Writings

by Marc B. Shapiro

In my post here here I mentioned that R. Kook argued that there is good reason to observe mitzvot even if one does not have a traditional view of the Torah’s authorship. On the one hand, there is nothing surprising in this. After all, would anyone tell a non-Orthodox Jew that it is OK if he eats on Yom Kippur?[1] R. Kook’s originality is therefore not seen in the bottom line, but in the argument he uses.[2] He notes that Maimonides and other medieval greats used arguments that they themselves did not accept in order to make religious points. For example, Maimonides used an argument that assumed the eternity of matter in order to prove the existence of God.[3] This was valuable in that those who accepted the former point would also be forced to acknowledge the latter point, i.e., God’s existence. Only then could he attempt to weaken the belief in eternity. Similarly, R. Kook is prepared to argue for the binding nature of Torah law even on the assumption that it was not given to Moses. This is valuable since, in his day at least, it was the acceptance of biblical criticism that encouraged people to give up the observance of mitzvot. If R. Kook can therefore show that even an acceptance of biblical criticism does not mean that there is no place for mitzvot, it will be a great achievement.[4]

R. Kook notes that traditional Jews observe rabbinic laws and even customs. His point is that these are regarded as valuable and help form the religious personality Yet no one believes that they were given to Moses by God. Why, then, should believers in biblical criticism not feel bound to other laws, which while traditionally seen as from Sinai, can also be regarded as rabbinic or even as customs (“folkways” in Mordecai Kaplan’s language). In other words, the mitzvot should be seen as having value regardless of their origin.

I have to say, however, that the weakness in R. Kook’s argument should be apparent. For those who accept the entire system, it makes sense that on top of the divinely revealed Torah laws, that rabbinic laws and customs are also added. But if one rejects the basis of Torah law, then the other two components simply fall away.

R. Kook picks up with his theme in a later passage.[5] Before dealing with the matter of biblical criticism, he briefly discusses the so-called dispute between science and Torah that caused so much difficulty in his day. In a passage that is very similar to one that appears in his letter to Moshe Seidel,[6] R. Kook explains that the Torah makes use of the “science” of its day, and writes about such matters in a simple and understandable fashion. The Torah makes no attempt at scientific accuracy (which would not have been understandable in earlier days). As R. Uri Sharki, a follower of R. Kook, puts it, the creation story (which contains great secrets) is presented in the language of myth בסגנון המיתי.[7] Most people today who have examined the matter accept this approach, but since the average person does not understand what myth is (seeing it as synonymous with fairy tale or legend), you don’t have a typical Orthodox rabbi using this language in his sermon on parashat Bereshit.

I have discussed this matter in detail in an earlier post here so there is no need to repeat what I have already said. Let me only add that the use of the term “science” in this context is not really accurate. What R. Kook is discussing is the early history of the universe, knowledge of which we have arrived at by means of science. R. Kook is saying that we should not treat the Torah’s descriptions as “history”, as that is not the Torah’s purpose. As I have pointed out in the post mentioned above, I believe that R. Kook’s approach was not only intended to answer problems dealing with the first chapters of Genesis but with any problems that might arise between what historians conclude and what appears to be the peshat in the Torah, e.g., the lifespans recorded in Scripture, the description of the Flood, and the huge number of people who took part in the Exodus, to mention just a few that are often discussed.[8]

Following this matter, R. Kook returns to the issue of Torah mi-Sinai. He states that even if one believes that the Torah was written after Moses or that the text has been corrupted, this does not affect his obligation to observe the mitzvot, since the acceptance of the Torah was dependent on its acceptance by the nation. Therefore, an individual cannot remove himself from this group. This is no different than a host of other matters where we say that an individual cannot choose a separate path from that which was decided by the group.[9]

Regarding the revelation of the Torah, it is important to also cite R. Kook’s words in Shemonah Kevatzim 1:633, about which an entire post could be written. I ask readers to focus carefully on the implications of what he says.

There is denial that is like an affirmation of faith, and an affirmation of faith akin to denial. A person can affirm the doctrine of the Torah coming from “heaven”, but with the meaning of “heaven” so strange that nothing of true faith remains. And a person can deny Torah coming from “heaven” where the denial is based on what the person has absorbed of the meaning of “heaven” from people full of ludicrous thoughts. Such a person believes that the Torah comes from a source higher than that! . . . Although that person may not have reached the point of truth, nonetheless this denial is to be considered akin to an affirmation of faith. . . . “Torah from Heaven” is but an example for all affirmations of faith, regarding the relationship between their expression in language and their inner essence, the latter being the main desideratum of faith.[10]

Since we are speaking about R. Kook, let me also call attention to a few more significant passages in the newly published Li-Nevokhei ha-Dor. I previously referred to this text which a few years ago was somehow illegally placed online. In 2014 R. Shahar Rahmani published the work with notes, and it is to this edition that everyone should now refer. In studying Li-Nevokhei ha-Dor, readers should remember that it was written before R. Kook came to the Land of Israel.

In chapter 13 R. Kook acknowledges that in a future era, when we will have a Sanhedrin, there will be a need for new derashot in halakhah, which will respond to the then current circumstances, something we at present cannot do. In this future era people will no longer be able to complain, as they do now, that the rabbinic obligations are not suitable for the current time. This is an acknowledgment that there are indeed aspects of rabbinic law that should, and will, be changed. But R. Kook falls back on the procedural problem of doing this prematurely, before the mechanism to do so exists (i.e., the Sanhedrin).

I have no reason to assume that R. Kook is speaking about the messianic era, since he does not mention this, instead writing about the “far off future”. Had he intended the messianic era, he would have said so. What this means is that when the Jews are once again dwelling in their land there is a possibility for the revival of a living halakhah, by means of a Sanhedrin which would create derashot. See, e.g., these two sentences, where he responds to suggestions by those living in Europe to alter halakhah. He insists that no changes in halakhah can take place at present, but it is significant that he does not mention the messianic era (and note the positive way he describes the רגש of the advocates of halakhic change). In other words, while haredim push off all such talk to the messianic era, R. Kook is not bound by such conservatism and could imagine halakhic change via a Sanhedrin in the pre-messianic era as well.

אבל הרוצה לדחוק את הקץ, ולהתנהג בדרישות שאנו חייבים ויכולים לקיימן רק בהיותינו בבית חיינו, גם לעת פזורינו ודלדולינו, ופורץ גדר של המרכז הלאומי הנשגב, התלמוד וחתימתו, בשביל קורת רוח של חיי שעה ודרישת אסתתיקא זמנית, הוא מחליף עולם קיים בעולם עובר בכלל האומה ומביא אנדרולומוסיא לעולם

ידעתי אמנם שהדעה הנשאה הזאת תוכל להיות למפגע לקלי דעת החפצים לדחוק את הקץ ורודפים את העתיד הרחוק בלא זמנו, אלה הם השועלים המחבלים, שאף שהרגשתם היא הרגשה רוממה ונעלה, אבל רוחם אינו רוח שוקט הראוי לכל איש ישר היודע את אשר לפניו

The future Sanhedrin will be able not only to overturn talmudic halakhot, but it will also be able uproot Torah laws if it finds it necessary. R. Kook further tells us that if the Sanhedrin is able to change our understanding of a biblical law by means of a derashah, it is not even to be regarded as an “uprooting.” It is by means of derashot that the Sanhedrin would be able to permanently alter the way of Torah observance. Consider for example the matter of women not being accepted as witnesses for certain matters. Rather than using apologetics to explain this to contemporary women, R. Kook’s approach allows people to say that indeed, this can be changed by a future Sanhedrin by means of a new derashah, but that today there can be no change since we do not have the mechanism to do so. The matter is thus turned into a technical problem rather than an ideological one.[11]

R. Kook also elaborates on the idea that the closing of the Talmud was a historical phenomenon brought on by the difficulties of the galut. But the Jewish people only accepted such a closure until the time that they returned to their land and the nation was once again rejuvenated.

Chapter 13 of Li-Nevokhei ha-Dor can stand alone as an essay. It is a very important statement of how R. Kook understood Jewish law, and I hope someone will translate it into English. I think what R. Kook was talking about is the same thing later advocated by R. Eliezer Berkovits, although I am not claiming that R. Kook would have supported Berkovits’ ideas as practical in our time. However, the concept that Berkovits was speaking about, of an Eretz Yisrael halakhah, is exactly what R. Kook had in mind.[12]

If this wasn’t enough, R. Kook has more to say in chapter 13. He discusses how the great stress on Talmud study in recent centuries has brought much that is positive to the Jewish people. However, he also notes the downside of this single-minded focus on Talmud study, a criticism that (for those who accept it) would be even more applicable in our day. He says that this focus on Talmud study has led to a weakness of the body for many students, a point already known from Orot. He also states that the Talmud-only curriculum has led people to be unaware of those secular studies that are indeed essential.[13]

חסרון המדעים הנחוצים לאדם באשר הוא אדם

Most interesting, however, is the additional problem R. Kook sees with the exclusive focus on Talmud study. He says that it has led to ethical problems, problems that arise when people spend their time focused only on halakhic details without seeing the broader picture, that of the heart which cannot be encompassed in halakhic details but only in a broad ethical vision.

וגם חסרונות מוסריים שבאו לרגלי התיחדות העסק השכלי רק בפרטי ודקדוקי הלכות מאין שם לב לרגשי לב והגיוני מוסר כלליים

R. Kook is quick to point out that it is not the study of Talmud per se that is responsible for the problem he mentions, but rather the single-minded focus on Talmud to the exclusion of all else, meaning that there is no room for secular studies, physical exercise, and exposure to the larger ethical teachings of the Torah.

אמנם כל המגרעות האלה לא באו לנו מצד השקידה על למוד התלמוד וקיומו, כי אם מצד ההפרזה הקיצונית על שלא הנחנו מקום לחלקי החינוך האחרים להכשרת החכמות והמדעים, לחוזק הגוף, להרחבת הדעה וההגיון המוסרי שבתורה, שעל זה כבר צוחו גם כן גדולי הדורות, ומקוצר רוח לא היה להם שומע

For good measure R. Kook adds that extremism, be it in actions or beliefs, is always bad for us.

והנטיה הקיצונית היא לעולם מכאבת בנו כל חלקה טובה, הקיצוניות בחינוך ובמעשים וכמו כן הקיצוניות בדעות

I will continue with more from Li-Nevokhei ha-Dor in future posts, but for now I would like to add one more comment about R. Kook. At least one reader is upset that I haven’t focused on R. Kook’s halakhic and talmudic writings, as he thinks that this is the main aspect of R. Kook, while his philosophical writings were only done on the side, as it were. This exact same point has been made with regard to R. Soloveitchik. That is, people have criticized certain academics for portraying the Rav as primarily a philosopher for whom his talmudic studies were a secondary element. In this case the criticism is certainly correct, as when it came to the Rav his talmudic studies were the main focus and it was his philosophical writings that were secondary.

Yet this is not the case when it comes to R. Kook. It is true that he was a great posek, however this was not where his heart was. In his inner essence he was a thinker and kabbalist, not a talmudist or halakhist. This is not just my own speculation. R. Kook himself said as much to both R. Reuven Margaliyot and R. Moshe Zvi Neriyah. Here is what he told R. Neriyah:[14]

שעה שחפץ היה הפילוסוף קנט להנפש מקצת ממחקריו הפילוסיפיים, עסק בגיאוגרפיה. וכך היה אומר: “מחמת שאני איש האבסטרקים, חש אני הרגשת-נופש וחילוף כחות כשאני מעיין בדברים מוצקים כגון: הר, נחל, עיר כפר וכדומה,” אף אני כך – ציין הרב – הרי אני מטבעי איש המחשבה והרגש, אולם בבואי להנפש, אני עוסק בהלכה ואני חש שרגלי עומדות על קרקע מוצק.

R. Kook told R. Margaliyot the same thing:[15]

מטבעי “בעל מחשבות” אנכי ושורש נשמתי היא “המחשבה”, וכשאני זקוק למנוחה והחלפת כוח הנני מתעסק בהלכה.

See also my post here where I discuss R. Kook’s belief that the nitty-gritty of halakhic study can have a negative effect on great people’s spiritual life. 

All that I have just mentioned is far removed from R. Soloveitchik’s understanding of the role of halakhic study and its place in his own spiritual personality.[16]

Based on what I have cited, we can also reject what Hillel Goldberg has written in a generally very positive review of Yehudah Mirsky’s new book on R. Kook.

R. Kook’s status as a major halakhic decisor was not just something added onto an already impressive resume. It was not just one more remarkable thing he did. It was of his essence. And the elevation and illumination it entailed were of a piece with, perhaps even a spur to – certainly not in opposition to – the strivings of his soul.[17]

These are very nice words by Goldberg, but the problem is that they are contradicted by none other than R. Kook himself who denies that halakhic study is “of his essence” and confesses that halakhic study was at times indeed in opposition to “the strivings of his soul.”

In previous posts I have quoted all sorts of amazing passages from R. Kook, and here is another one. It appears in Shemonah Kevatzim 2:34.

At the beginning of the passage R. Kook refers to those special tzaddikim who do not need to learn Torah or pray on a regular basis. (When he speaks of learning Torah he is referring to traditional talmudic learning.) That there are some individuals who are so close to God that they don’t need to learn is not that surprising, as one can find the idea in certain hasidic texts that learning Talmud removes one from devekut with God. Some hasidic texts also state that the tzaddik does not need to heed the proper times of prayer, as he is above time. Yet I don’t know if there are any hasidic texts that go as far as R. Kook in assuming that that since the tzaddik is so closely connected to God that he can go for weeks without praying. I assume all this was only theoretical for R. Kook. I stress this since when one studies the totality of his writings it is obvious that R. Kook includes himself among the special tzaddikim he speaks of.

Now look at how this passage appears in Arpilei Tohar,[18] p. 16. 

The words לפי מדרגתם have been added to the original. This entirely alters the passage’s meaning, turning it on its head. R. Kook is now saying that there are tzaddikim who only rarely need to learn or pray at their special level (meaning that on a daily basis they learn and pray at a lower level, like everyone else). This alteration completely removes the antinomian sense of the passage, since one reading Arpilei Tohar will have no way of knowing that in the original text R. Kook’s point was that the tzaddikim only rarely need to learn or pray at all.

There has been a great deal of discussion about the changes made in Arpilei Tohar, and how they subverted R. Kook’s original intent. In this example, however, it was R. Kook himself who made the change,[19] obviously because he regarded his initial formulation as too provocative to appear in print.

Returning to the matter of Torah mi-Sinai, I was recently asked the following question. In Genesis 46:23 it says ובני דן חושים. “And the sons of Dan: Hushim.”[20] Many commentators discuss why it says “the sons” and not “the son”, since only one son is mentioned.[21] We find the same issue in 1 Chronicles 2:7-8 where it states ובני כרמי and ובני איתן but in each case only one son is listed. The Malbim wrote a commentary on Chronicles entitled Yemei Kedem. In this commentary, ibid., he explains that Carmi and Eitan had more sons, but Ezra, the author of Chronicles, was simply copying this information from an earlier source and only gave the name of the son that was important for his purposes. However, he kept the earlier part of the sentence, which mentions “sons”, and in the original source from which he was quoting other sons’ names also appeared.

Say what you will about this explanation, there is nothing radical in it. However, following this the Malbim says that the phenomenon he just described also explains the verse in Gen. 46:23: ובני דן חושים as well as the verse in Num. 26:8: ובני פלוא אליאב. That is, there were other sons but “he” only included the names that were important for his purpose.[22]

The questioner wondered, who is the “he” that the Malbim is referring to? Is it possible that he has Ezra in mind? I find this most unlikely, as everything that I know about the Malbim argues against the notion that he could have thought that Ezra had a role in the writing of the Torah. This leads me to assume that when the Malbim writes ולא חשיב רק הצריך לו לענינו that he is referring to Moses, and saying that just like Ezra only included the information that he needed, so too Moses chose to leave off the additional names since it wasn’t important for the story he was telling. This preserves complete Mosaic authorship, which I believe the Malbim genuinely affirmed (i.e., I don’t think he is hinting to a more radical view here). 

Some will still see the Malbim’s explanation as problematic in that it assumes that Moses independently made choices about what to include in the Torah. But in truth, even from a traditional perspective this is not problematic, and no different from the many other sources that speak of Moses formulating passages in the Torah on his own. As I pointed out in Limits, p. 113, the traditional view has always been that God’s imprimatur, as it were, was later given to those words originally stated by Moses on his own. So too the Malbim would say that while Moses originally chose what to include here, when the Torah was later given to the Children of Israel this was done at God’s direction, and this is what sanctified the text. So there is really nothing radical about what the Malbim is saying.[23]

Regarding the Malbim, R. Mordechai E. Feuerstein shares the following from R. Soloveitchik.[24]

He told me about the Malbim, the great Torah commentator, who in 1834 paid a visit to the Chasam Sofer in Pressburg. The Malbim was a younger person, about twenty-five years old at that time, while the Chasam Sofer was at the zenith of his career, one of the greatest rabbanim of the 19th century and of the whole period of the Acharonim. The Chasam Sofer accorded much honor to the Malbim, seating him on his right side at the Shabbos table, enabling them to speak together at greater length.

Apparently, after the Shabbos-day meal, the Malbim was so engrossed in what he had heard from the Chasam Sofer that he wandered back to the shul, lost in thought. It was quite dark inside the empty shul, and the Malbim found a place to stand near what seemed to be a wall, and remained there in profound contemplation.

Later when the congregants began returning to shul for Mincha, they were stunned to see the Malbim standing near the aron, still deep in thought, right in the makom kavua of the Chasam Sofer! An angry murmur swept through the crowd; people were about to step forward to rebuke the Malbim when the Chasam Sofer walked in. Quickly sizing up the situation, he stopped them and said: Zol ehr blaiben shtayn (“Let him remain standing there”). The Malbim awoke from his trance and, horror-struck to discover that he had inadvertently been standing in the Chasam Sofer’s place, offered the Chasam Sofer profuse apologies, which were accepted.

For the rest of his life, the Rov told me, the Malbim used to sequester himself in a room for a period of time, right after Shabbos Mincha. Afterwards, he would emerge red-eyed from weeping. With the passage of years, he gradually came to interpret the Chasam Sofer’s words, Zol ehr blaiben shtayn as a punitive decree: Let him remain standing where he is now—his qualitative advance in Torah knowledge is over. Where he is now is where he will stay. The Malbim sensed that the divine gift of creative inspiration which he had experienced before his inadvertent slight to the honor of the Chasam Sofer, had been irrevocably taken away.

R. Hershel Schachter, Nefesh ha-Rav, pp. 251-252, also tells the story, as he heard it from R. Soloveitchik, and in his version there are some differences. To begin with, he records that the Malbim came to Pressburg to request a haskamah on his halakhic work Artzot ha-Hayyim, which the Hatam Sofer provided. According to R. Schachter’s version, the mistake happened not when the Malbim returned to the synagogue before minhah, but when he returned for maariv. Furthermore, the Malbim was not standing in the Hatam Sofer’s place, but actually sat in his seat. As he explains, this was an understandable mistake as it was dark and throughout Shabbat he has been sitting in the seat next to that of the Hatam Sofer. When one of the laypeople tried to point out to the Malbim that he was in the Hatam Sofer’s seat, the latter was so involved in his learning that he did not even realize that someone was speaking to him. It was then that the Hatam Sofer said to leave him be. From that time on the Malbim’s main area of hiddush was in the study of Tanakh but not in halakhah[25]:

וכאילו לשונו של הח”ס שאמר לו “שישאר שמה” היה מוסבת על דרגת הלימוד שלו, שלא יעלה עוד הלאה בהלכה

* * * *

I was hoping to discuss the recent political developments that revolve around R. Meir Mazuz, but I see that the post is already quite long as it is. I will therefore postpone this discussion until a future post.