The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

Marc B. Shapiro

Continued from here

1. Regarding R. Kook and the Aderet (R. Eliyahu Rabinowitz-Teomim), we find that R. Kook omitted something that the Aderet wrote. I don’t know if, strictly speaking, we can call this censorship, but R. Kook definitely omitted something that he was not comfortable with. Here is the Aderet speaking about himself in Nefesh David, p. 113, published by a leading student of R. Kook, R. Moshe Zvi Neriah (and printed together with the Aderet’s autobiography, Seder Eliyahu.[1a]).

Look at the second paragraph of section 5 and section 6. The Aderet first speaks of his great love for Torah scholars. In the next paragraph, the first one of section 6, he speaks of his hatred for sinners. Finally, in the second paragraph of section 6, he says that he has no ill feelings toward non-Jews who do not hate Jews, and that he only hates those whom the Sages commanded us to hate.

Now, look at R. Kook’s Eder ha-Yekar, published in 1906, beginning with the last line on p. 71 and continuing to the end of the paragraph on p. 72.

 

If you compare this to Nefesh David, sections 5-6, you will find that R. Kook leaves out the three paragraphs I mention above. I can see why he would leave out the second paragraph, about sinners, as it would not be in line with his own understanding of the irreligious in the Land of Israel. But why also leave out the first and third paragraphs? The only explanation I can think of is that he figured that by removing the entire section—where the Aderet speaks of his love for Torah scholars, hatred for sinners, and his lack of negative feelings toward non-Jews—this would not be regarded as censorship, as he is removing the whole section, even the non-objectionable parts. If anyone has a better idea, I would love to hear it.

Speaking of the Aderet and censorship, see the article by Yaakov Fuchs here which shows how the Aderet’s strong criticism of the Rogochover was censored. Fuchs has also found that when the Aderet’s book Shema Eliyahu was published (under the title Over Orah [Jerusalem, 2003]) there was also censorship of the Aderet’s negative judgment of the Rogochover, whom he saw as disrespecting great sages of the past. The original manuscript of the Aderet can be seen here, and below is a transcription of the missing passages as prepared by Fuchs, which can be compared with the censored version that appears in Over Orah, pp. 43-44.

The Aderet’s words are very sharp and align with how he spoke about other rabbis whom, for one reason or another, he had a negative view of. Regarding the Rogochover, while recognizing his unbelievable knowledge, the Aderet could not accept what he saw as the Rogochover’s disregard for the accepted conventions of halakhic procedure and his disrespect for prior sages. He goes so far as to state that if we lived in a time of great rabbis—rabbis who had real authority—they would not allow the Rogochover to issue halakhic rulings.

Eliezer Brodt called my attention to another sharp comment by the Aderet against the Rogochover, found in Shmuel Kol, Ehad be-Doro, vol. 1, p. 202. Brodt also noted that this was censored when reprinted in a footnote in the Mossad ha-Rav Kook edition of the Aderet’s Seder Eliyahu, p. 122, and the Rogochover’s name was omitted when the passage was included in an article in Etz Hayyim 19 (5773), p. 55.

The Aderet, who was older than the Rogochover, can be forgiven for speaking the way he did, and he was not the only contemporary of the Rogochover who had these feelings.[1b] But just as we can find negative statements by great rabbis about other rabbis who were their contemporaries, and now we can see how misguided these negative statements were,[2] I think it is the same with regard to the Aderet and the Rogochover. The rabbis of the generation after the Aderet all related to the Rogochover with enormous respect, even if they did not accept his halakhic rulings.

Regarding the Aderet’s book Shema Eliyahu, one thing that was not censored when it was published appears on p. 223, and I thank Yosef Ginsberg for calling it to my attention.

We see that the Aderet and his interlocutor, R. Getzel Horowitz, assumed that the concept of Tikkunei Soferim is to be taken literally, meaning that the text of the Torah was changed from its original version given to Moses. The Aderet suggests that the Tikkunei Soferim are actually halakhah le-Moshe mi-Sinai.

For more concerning the Aderet and censorship, or rather non-censorship, I must recall my very first post on the Seforim Blog, from January 25, 2007, found here. It is titled “Uncensored Books”. I provide two examples where I state that had the publishers known who was being spoken of, they would have censored the text. Regarding the Aderet, I wrote as follows:

Recently many books by the Gaon R. Eliyahu Rabinowitz-Teomim (the Aderet) have appeared, by publishers with very different hashkafot. The volume of teshuvotMa’aneh Eliyahu, was published by Yeshivat Or Etzion in Israel, whose Rosh Yeshivah is R. Hayyim Druckman. It is obvious that the editors have no knowledge of American Jewish history, otherwise, the words I quote (from p. 352) would never have been allowed to appear. The editors no doubt assumed that the Aderet was attacking some phony. The name Jacob Joseph [called Jacob Harif by the Aderet] means nothing to them.

וידענו היטב היטב את האיש ואת שיחו תהלוכותוי ותחבולותיו מתחילה ועד סוף . . . ואותו הרב ה’ יעקב, שלא שמש תלמידי, חכמים ומלך מעצמו, ע”פ תבונתו כי פקח גדול הוא אינו מגיע לקרסולי תלמידי תלמידיו של הגאון חתם סופר ז”ל, לא בתורה ולא במעשים טובים, והרי לפנינו שעזב עיר ווילנא תפארת ליטא, והלך לנוע אל ארצות אמעריקא להיות שם רב ראשון בנויארק כחלומו אשר חלם. והרואה דברי הר”מ פ”ו ה”א מדיעות, יעוי’ שם היטב בלשונו, יראה עד כמה מלאה לבו יראת שמים לעשות כן

He goes on demeaning the Chief Rabbi of New York, but you get the picture.[3]

Ad kan what I wrote in the post. After the post’s appearance it was pointed out to me that the index to Ma’aneh Eliyahu properly identifies R. Jacob Joseph (Harif). So perhaps I was mistaken, or it is also possible that the people who put the sefer together did not know who R. Jacob Joseph was, and the person who put together the index was someone else entirely.

Returning to haskamot, let me mention another interesting point. Someone recently sent me a picture of a haskamah to the newly published book by the late R. Dov Yaffe, Ha-Va’adim shel Motzaei Shabbat.

What makes the haskamah (mikhtav berakhah) so significant is that it is by a woman, namely, his widow. I was also surprised that she is identified by her first name, something not always seen in haredi circles in Israel.

This is actually not the first published letter of this sort by a woman. R. Yehoshua Zev Zissenwein’s Tzir Ne’eman was published in Jerusalem at the end of the nineteenth century.[4]

After a group of haskamot from a wide range of rabbis whom he got to know in his work as a meshulah (including R. Jacob Joseph and R. Hillel Klein of New York and R. Abraham Abba Werner of London), comes what is called Mikhtevei Tehillah. This is a list of people who signed up to receive the book and positive comments they made. On the last page the names of three women are given, including Sonya (Sarah) Diskin,[5] the widow of R. Joshua Leib Diskin.[6]

Sonya Diskin was a very influential person in the Old Yishuv community of Jerusalem, because she had a great deal of influence on her husband. After her passing, the following letter appeared in Eliezer Ben Yehuda’s newspaper Hashkafah,[7] signed by someone who called himself a student of the Brisker Rebbetzin (i.e., Sonya Diskin, whose husband was rav of Brisk before moving to Jerusalem).[8]

There is a lengthy and fascinating Wikipedia entry on Sonya Diskin here, from which I learned that her marriage to R. Diskin, which was a second marriage for both and did not produce any children, even made its way into an Agnon story. For other stories told about her, see Yitzchak’s Seforim Blog post here, and the כבר היה לעולמים blog here. You can definitely say she “made it”, as she had a pashkevil directed against her in Jerusalem, which I am certain makes her the first woman to be given this honor. Also of note is that the pashkevil dates from when her husband was still alive. (In later years, Golda Meir and Aliza Bloch, the mayor of Beit Shemesh, also had paskevilim directed at them.)

The pashkevil is found in Binyamin Kluger, Min ha-Makor, vol. 3, p. 46, and in what it regards as fake piety, it refers to how Sonya Diskin wore tzitzit and that she put socks on her cat, so that the cat would not move crumbs of hametz from room to room. (Elsewhere it is reported that she did this on Passover and her fear was that the cat would bring in hametz from the street on its feet.[9] According to Pesahim 9a we need not be concerned for this.) Regarding Passover, it is also reported that Sonya Diskin told her husband, after he scolded her for her humrot, “If I rely on you and your Shulhan Arukh, we’ll be eating chametz on Passover.”[10]

The latter story is very similar to a story told about Mrs. Tonya Soloveitchik, the wife of R. Joseph B. Soloveitchik. The way I heard the story, in the name of Prof. Haym Soloveitchik, is that when Mrs. Soloveitchik came home from the hospital and saw milk and meat plates in the sink, she started rebuking her husband. The Rav defended himself: “According to the Shulhan Arukh, this is OK.” To this, Mrs. Soloveitchik replied: “Your Shulhan Arukh is going to treif up my kitchen.”

After seeing what Sonya Diskin told her husband, I found it too much of a coincidence that two great rebbitzens would have expressed themselves in the same fashion. I turned to Prof. Soloveitchik, presented him the story with his mother as I heard it, and asked if it is true. He replied as follows: “The story is half-true. My mother said: ‘You are making my kitchen treif.’ My father said nothing and neither did I. People have prettied-up the story by fusing it with the well-known story of Sonya the rebbetzin, the wife of R. Yehoshua Leib Diskin.”

There is another Passover story told about Sonya and her husband: R. Diskin saw Sonya working very hard to clean the house of hametz. Exasperated, he jokingly said to her that the only hametz in the house is her. To this, she replied bitingly: “Don’t worry about me. A long time ago my father sold me to a goy [i.e., R. Diskin].”[11] This is actually an old Yiddish joke, see here, that was apocryphally connected to Sonya.

Returning to Zissenwein’s book, the introduction is noteworthy as it reveals that Zissenwein was one of the founders of the early settlement Yesud ha-Ma’ala, and that this was done at the direction of R. Diskin.

Regarding R. Diskin, it is notable that R. Jacob Moses Harlap wrote to R. Kook about a dream he had in which R. Diskin requested that R. Harlap ask R. Kook not to hold anything against his son, R. Yitzhak Yeruham, and not to degrade him. R. Diskin explained that his son is his only child, and his mistake did not come from a bad place.[12] What this alludes to is that R. Yitzhak Yeruham was opposed to R. Kook being appointed rav of Jerusalem. In fact, there is a letter from R. Zvi Pesah Frank to R. Kook explaining that R. Yitzhak Yeruham wanted to be appointed rav himself, and he was upset with R. Frank for not supporting him in this matter.[13] (R. Frank was a big backer of R. Kook.[14])

Innocent mistake or not, in later years, R. Yitzhak Yeruham, together with R. Joseph Hayyim Sonnefeld, would give cover to those who continuously degraded R. Kook in the most objectionable ways imaginable. Yet for the sake of the Yishuv in Eretz Yisrael, R. Kook told R. Diskin and R. Sonnenfeld that he forgave everyone who attacked him and wanted to work together with R. Diskin and R. Sonnenfeld. Here is his open letter in Iggerot ha-Re’iyah, vol. 4, no. 274, where he is very direct in telling R. Yitzhak Yeruham and R. Sonnenfeld that they have not behaved in a manner befitting Torah scholars.

 

 

See also this letter in Iggerot ha-Re’iyah, vol. 4, no. 201, where R. Kook mentions that R. Yitzhak wanted to be appointed rav of Jerusalem, and that out of respect for him and his late father, R. Diskin, R. Kook delayed accepting the offer to become rav of Jerusalem.

 

Regarding R. Yitzhak Yeruham, it is worth noting that when he was still in Europe, he was regarded as a very modern person who dressed in European fashion, knew French, and valued secular studies. It is even reported that he identified as a Zionist. This all changed when he came to Eretz Yisrael.[15]

Since this post has dealt with the Aderet as well as various women, it is a good place to note that R. Baruch Epstein mentions that the sister of the Aderet was quite learned and that a comment of hers was published in the Odessa Torah journal Yagdil Torah.[16] I searched Yagdil Torah on Otzar ha-Hokhmah but could not find what Epstein referenced. I thank Eliezer Brodt for solving this mystery, as he called my attention to where the Aderet mentions his sister, in Yagdil Torah, vol. 9, no. 128. This issue is not found on Otzar ha-Hokhmah, and must be what Epstein was referring to.

Brodt also mentioned to me that in his Zekhor le-David, pp. 69-71, the Aderet has a list of learned women mentioned in rabbinic literature.

2. In the prior post I mentioned that, while studying in Israel, the first sefer I read was written by R. Moshe Zuriel. Not that anyone is wondering, but the second book I read was Zvi Glatt’s posthumously published Me-Afar Kumi.

This book focuses on the importance of living in Eretz Yisrael and is divided into halakhic and aggadic sections. For those who don’t know, Glatt, who was a student at Merkaz ha-Rav, was killed in a terrorist attack in Chevron. Of particular interest is the chapter where Glatt takes issue with R. Moshe Feinstein’s position that living in Israel is a mitzvah kiyumit rather than an obligatory mitzvah. R. Moshe wrote a haskamah to Me-Afar Kumi and responds to Glatt’s discussion, stating that he thinks that Glatt went too far (הפריז על המדה) and that he sees no reason to retract his view.

Also of note are the approbations from R. Avraham Shapiro and R. Shaul Yisraeli, roshei yeshiva at Merkaz ha-Rav. R. Yisraeli notes that Glatt, who could have studied at great yeshivot in the U.S., chose to come to Israel. Glatt could not understand why religious Jews in the Diaspora, by and large, choose to ignore the very important mitzvah of settling the Land of Israel, and it was this focus on Eretz Yisrael that led him to write the sefer.

From a halakhic perspective, the most important aspect of the sefer is the appendix by R. Avraham Shapiro, in which he takes issue with R. Moshe’s opinion. According to R. Shapiro, when it comes to mitzvot mentioned in the Torah, there is no concept of a mitzvah kiyumit as advocated by R. Moshe (namely, that there is no obligation to live in Eretz Yisrael, but if you do, you fulfill a mitzvah and receive reward). Some have compared R. Moshe’s view to the wearing of tzitzit, where there is no obligation to wear them unless you choose to wear a four-cornered garment. Yet R. Shapiro states that tzitzit is absolutely a mitzvah hiyuvit (an obligatory mitzvah). True, one can choose whether to wear a four-cornered garment, but once one puts it on, tzitzit is now an obligation. My question to the learned readers is: Is R. Shapiro correct in saying that there is no concept of a mitzvah kiyumit about one of the 613 mitzvot? Isn’t shehitah an example of a mitzvah kiyumit? You don’t have to eat meat, but if you choose to, you can fulfill the mitzvah of shehitah. Furthermore, in criticizing R. Moshe’s position, R. Shapiro refers to the mitzvah of living in Eretz Yisrael as one of the 613 mitzvot, which makes the concept of it being a mitzvah kiyumit problematic. Yet there is no reason to think that R. Moshe regarded living in Eretz Yisrael as one of the 613 mitzvot, and that is precisely why it could be regarded as a mitzvah kiyumit.

It appears that the Vilna Gaon has the concept of mitzvah kiyumit in mind when he speaks of eating matzah on all days of Passover as a mitzvah but not an obligation, as only on the first night is there an obligation. It seems that he regards the eating of matzah after the first night as a mitzvah kiyumit. Here is how his view is described in Ma’aseh Rav, no. 185:

“שבעת ימים תאכל מצות”, כל שבעה מצוה, ואינו קורא לה רשות אלא לגבי לילה ראשונה שהיא חובה, ומצוה לגבי חובה רשות קרי לה. אעפ”כ מצוה מדאורייתא הוא

Hizkuni makes a similar point in his commentary to Ex. 12:18:

יש לך דברים שמקבלין שכר בעשייתן ועונש כשאין עושין אותן, כגון מצה בלילה הראשון, ויש לך דברים שאין מקבלין שכר בעשייתן ועונש כשאין עושין אותן, כגון מצה מליל ראשון ואילך, ומ”מ מצות תאכלו שבעת ימים כתיב, כלומר אם אכל מצה כל שבעת הימים מכל מקום קיים הוא הפסוק זה של: שבעת ימים מצות תאכלו

3. In my new book on Rav Kook, available here, I discuss how R. Isaac Herzog struggles with the conflict between the biblical record of how long humanity has been on earth and the historical record accepted in the academic world. I cite several of his letters on this topic, in which he suggests that it could be that the Torah’s “history” at the beginning of Genesis is not meant to be regarded as factual.

Only after the book was already near publication did I find another letter from R. Herzog on this very issue, which I share with you now.[17]

The original letter, which R. Herzog would have signed, was sent to R. Zev Gold and is dated December 30, 1952. R. Herzog made copies of the letter, which he must have also distributed, and that is how it made its way to R. Moshe Zvi Neriah, where I found it among his papers.

R. Herzog focuses on his often-discussed—but never realized—plan to write a modernGuide of the Perplexed, addressing new intellectual problems that have arisen for traditional Jews. Without a proper response to these issues, people might be led to deny the doctrine of Torah from heaven. R. Herzog tells R. Gold that his approach in dealing with conflicts between what appears in the Torah and the historical record as established in the academic world is based on two principles:

  1. The Torah speaks in the language of man. What this means is that the Torah can describe matters in the way they were generally understood by people at the time the Torah was given, even if this is not strictly factual. In Renewing the Old, Sanctifying the New, I cite a letter from R. Herzog to Aron Barth where he makes the same point.
  2. Maimonides’ statement in Guide for the Perplexed 2:25, where he asserts that he would be able to explain the Torah in accord with the doctrine of the eternity of the world, should this idea be proven.[18] In other words, if there is a proven fact in contradiction to the Torah’s simple meaning, then the Torah needs to be reinterpreted.

R. Herzog tells us that the most pressing intellectual challenge to Jewish traditional faith comes from archaeology. So, for instance, if we know from archaeology that there were communities of humans 10,000 or 100,000 years ago, and this is a fact—not just a theory—then, in line with Maimonides’ guidance, we would have to reinterpret the Torah’s chronology which puts humanity on earth for under 6000 years. While in R. Herzog’s time, people in the religious world were focused on the scientific view of a universe billions of years old versus the Torah’s record of when creation occurred, or what to do with dinosaurs that predate the Torah’s account of creation, R. Herzog was focused on a more problematic matter which, for some reason, did not get the same attention: If the historical record shows that people have been living continuously all over the world for a lot longer than 6000 years, what are we to do with the biblical record that places humanity in the world for less than 6000 years? What are we to make of the biblical idea that everyone is descended from Adam and Eve, and also descended from Noah? How are we to understand the stories of the Flood and Tower of Babel?

These are issues that cannot be answered with the famous Midrash that God created worlds and destroyed them, because R. Herzog is concerned with the current world and how long humanity has been part of it. He recognizes that there are passages in the Torah that might need to be reinterpreted in a non-literal fashion. What he is struggling with is what the religious boundaries are, beyond which one cannot go. In other words, when can you interpret the Torah in a non-literal fashion, and when not? Or, to put the matter differently, beginning with which chapter in Genesis must we assume that the Torah is speaking historically and, therefore, non-literal interpretation is not permitted? This was to be a major focus in R. Herzog’s planned work, which, to our great misfortune, was never authored.

He adds that philosophy will also have to be a part of this book. Knowing that this was not one of his many areas of specialty, he points to R. Joseph B. Soloveitchik as the only person in the generation who could make a vital contribution to his project from the philosophical side. While R. Herzog would focus on the historical problems I have just mentioned, R. Soloveitchik would provide a Jewish response to philosophical challenges.

2. In the last post I noted how the Chafetz Chaim wondered how he could eat at inns if the owners did not tovel their dishes. He did not question the kashrut of the food, and we see both then, and today, that one can be regarded as strict in matters of kashrut while not toveling one’s dishes, which for some reason has not always been regarded by all as an important halakhah.[19] We also find regarding other halakhic matters that people who are strict in one sphere do not necessarily lose their halakhic reliability if in a different area their halakhic observance leaves something to be desired.[20]

Based on this notion, we can understand the following 1955 letter from R. David Grunwald, rav of Santiago, to R. Jehiel Jacob Weinberg.[21]

R. Grunwald wanted to know whether one can rely on the kashrut of the owner of an inn if the man also serves non-kosher wine to the guests. Today, people would find the question incomprehensible, but it wasn’t that long ago when many otherwise observant Jews were not careful about kosher wine.[22] It is also important to note that R. Grunwald was referring to the old type of inns where people ate there because they trusted the kashrut of the owner. These establishments did not have any official hashgachah.

R. Grunwald refers to a famous responsum of R. Akiva Eiger, no. 96, where R. Eiger notes that Jews who shave with a razor are still able to be accepted as witnesses in a beit din. This is because shaving with a razor was so common in the Orthodox world, that people who did so did not realize how serious the prohibition is.

י”ל דהשחתה בתער דנתפשט בעו”ה אצל הרבה לא חשב שזהו איסור כ”כ דלא משמע להו לאינשי דאסור, וכאשר באמת נזכר בג”ע דהשיב להמוכיח שהרבה אנשים חשובים עושים כן, וכיון דבאמת פשתה המספחת בזמנינו גם לאותן הנזהרים בשאר דברים נדמה להם דאינו איסור כ”כ

If R. Eiger adopted this approach with the Torah prohibition of shaving with a razor, all the more so, R. Grunwald suggests, that it should apply to the rabbinic prohibition of non-kosher wine. This would mean that religious Jews could stay at the inn in question, enjoy the food, and simply avoid the non-kosher wine. Yet not willing to make this decision on his own. R. Grunwald turned to R. Weinberg, and unfortunately we do not know if R. Weinberg replied.[23]

Related to R. Grunwald’s question, I was told that in its final years, Grossinger’s hotel offered non-kosher wine in the dining room. I don’t know if this was after R. Chavel’s passing in 1982. (The hotel continued until 1986). There used to be a restaurant in a major European city that was kosher, but the bar in the restaurant served non-kosher wine. The philosophy of the hashgachah (which was not a weak hashgachah) was that they are giving a hashgachah on the food. What happens at the bar is not their concern, and if someone brings a glass of non-kosher wine to the table that also is not their concern. This is not something that would ever be allowed by mainstream hashgachot in America, but in places without large observant Jewish populations, sometimes the rabbis feel they have to adopt a different approach in order to enable a kosher restaurant to be viable. Some years ago, there was a kosher Indian restaurant under the hashgachah of the late R. Yaakov Spivak. This restaurant allowed people to bring their own bottles of wine (maybe because it didn’t have a liquor license and thus couldn’t provide kosher wine). I asked R. Spivak why he allowed this, and he replied simply that there is no halakhic issue if people bring their own non-kosher wine. Again, this is not something that a mainstream U.S. hashgachah would allow.

Returning to the Aderet’s report of the Chafetz Chaim asking about eating in kosher inns where the dishes were not toveled, when I read that I thought of something similar. In the past, I have written about various kosher establishments that were not under hashgachah, but people ate there because they trusted the owners. Perhaps the most famous of these places was Sam Schechter’s and Leo Gartenberg’s Pioneer Country Club in Greenfield, N.Y. The kashrut there was trusted by all, and Agudath Israel held its annual conventions there. Here is a picture I published some years ago.[24]

The picture was taken at the wedding of R. Moshe Dovid Tendler’s daughter, Rivka, to R. Shabtai Rappaport. The man on the left is R. Isaac Tendler, R. Moshe Dovid’s father. The wedding took place at the Pioneer on June 17, 1971. I thank Jack Prince who was at the wedding for allowing me to make a copy of the picture in his possession.

Regarding the Pioneer Country Club, I think the younger readers will have a hard time understanding not only how even the most religious would stay at a hotel without a hashgachah, but the Pioneer also had mixed swimming and evening entertainment, including mixed dancing and women singers. (I wonder if out of respect, these things did not take place during the Agudah conventions.) It was a different era and people of different religious levels were happy to stay together in one resort.[25] I am sure many readers from my generation and older remember Grossinger’s which was the same sort of place, although, as mentioned, Grossinger’s was under R. Chavel’s hashgachah.

I bring all this up because of a fascinating tape of R. Fabian Schonfeld discussing R. Aharon Kotler available here. At minute 22:25 he tells how R. Aharon was at the Torah u-Mesorah convention which was held at the Pioneer. R. Aharon learned that the kitchen was not careful with having a Jew light the pilot light. R. Aharon explained to Gartenberg what the halakhah required in this matter. and he trusted Gartenberg that from that point on there would be no bishul akum issues. Today, such a scene would be unimaginable, as the mashgiach would be careful about this matter, but as mentioned already, we are talking about a different era.

I wonder if the general practice among Orthodox Jews in America in those days was to rely on either the view of R. Abraham ben David that there is no bishul akum when a non-Jew cooks in a Jew’s home, or the view held by others that there is no bishul akum with hired help.[26] According to R. Moses Isserles, although the halakhah is not in accord with R. Abraham ben David’s view, bediavad, food cooked by a non-Jew in a Jew’s home can be eaten. He then adds the following which might explain how a more lenient approach to bishul akum developed than what is standard today:

ואפילו לכתחלה נוהגין להקל בבית ישראל שהשפחות והעבדים מבשלים בבית ישראל כי אי אפשר שלא יחתה אחד מבני הבית מעט

See also here where R. Schonfeld recollects about the early history of Jewish Kew Gardens Hills. He recounts that the only halakhically reliable kosher butcher was the Main Street Kosher Meat Market owned by Mr. Herman. This was not under hashgachah, but since, R. Schonfeld tells us, Mr. Herman was known as a pious Jew, “this was the only one [butcher] at that time that we could tell people you can buy [from]”

* * * * * * *

[1a] Regarding censorship of Seder Eliyahu, see Dan’s earlier post here and also the discussion here.
[1b] See R. Raphael Mordechai Barishansky, Mikhtavim Mehutavim, pp. 167ff., where he responds to the Rogochover’s demeaning comment about the Vilna Gaon. I published the Rogochover’s interview, which so upset Barishansky, in the Jewish Review of Books, Summer 2017, available here.
[2] Readers will probably be thinking about how great rabbis spoke of the early hasidic leaders, R. Moses Hayyim Luzzatto, and R. Jonathan Eybschuetz. Another example is how great rabbis spoke about the leaders of the Mussar movement. My 19-part series on the Mussar Dispute is available on youtube here.
[3] Interestingly, in R. Jacob Joseph’s haskamah to R. Shalom Israelson, Neveh Shalom (Chicago, 1905), he refers to the Aderet as his friend. This point is also mentioned here.
[4] The first title page has the year 1897, but the second title page has 1898. Rabbi Mendel Moinster’s haskamah is dated Nov. 28, 1898, so it is possible that the book was only published in 1899.
[5] Regarding her, see most recently Menachem Keren-Kratz and Motti Inbari, “The Sociological Model of Haredi Rebbetzins: ‘Two-Person Single Career’ vs. ‘Parallel-Life Family,’” AJS Review 46 (2022), pp. 270-290.
[6] I have not been able to determine when the name “Moses” was added to his first names.
[7] Nov. 2, 1906, p. 3 (Issue 8:10). See also the eulogy for her in Hashkafah, Oct. 19, 1906, pp. 2-3 (Issue 8:6). There is something very unusual about this paper. Here is the first page of the November 2, 1906, issue.

Look at the date: 14 Heshvan 1838. Rather than using the date from Creation, Ben Yehuda used the years since the destruction of the Temple, which he assumed to be the year 68.
[8] In this regard, I would like to call attention to another interesting reference to a woman that I learned about from R. Dov Katz, Tenuat ha-Mussar, vol. 2, pp. 107–108. In 1938, R. Moshe Rosenstein, the mashgiach of the Lomza Yeshiva, published the second volume of his work Yesodei ha-Da’at. In the introduction, he mentions three teachers to whom he owes so much: R. Zvi Braude, R. Yerucham Levovitz, and R. Shimon Shkop. He then refers to his fourth “teacher,” Nechama Liba, the daughter of R. Simhah Zissel of Kelm, describing her as a great student of her father and emphasizing how much he learned from her.

Such a description would never appear in haredi literature today. First of all, the very notion that a yeshiva leader mentions learning so many things from a woman—והרבה הרבה למדנו ממנה— would not be allowed to appear in print. Also, look at his description of how he observed her wisdom and piety:

והיה לי ההזדמנות להתבונן על דרכיה ומנהגיה ותהלוכתיה בחכמה ויראת ה’ ומעשיה הטובים

I believe that today such a description would be regarded as lacking in tzeniut, as it showed that he paid attention to the actions of a woman.
[9] See Margalit Shilo, Princess or Prisoner, trans. David Louvish (Waltham, 2005), p. 78, and here.
[10] Elimelekh Weissblum, Havai Tzefat (Tel Aviv, 1969), p. 34, translated in Shilo, Princess or Prisoner, p. 78. See also here.
[11] See R. Michael Abraham’s post here. Regarding women cleaning for Passover, in a comment to Abraham’s post, a reader referred to the following fascinating passages in R. Moses Sofer’s responsa.

She’elot u-Teshuvot Hatam Sofer, vol. 1, Orah Hayyim, no. 136:

והיותי חוץ לחדר לימודי כי גרשוני נשים צדקניות המכבדים ליום טוב של פסח על כן לא יכולתי להאריך ככל הצורך

She’elot u-Teshuvot Hatam Sofer, vol. 6, no. 30:

יקרת מכתבו הגיעני בימים האלו ימי טלטולא דגברא דהני נשי דידן מפנים חפצים מזוית לזוית אפילו ספרים אינם מוכנים לי לעיין

[12] Harlap, Hed Harim (Elon Moreh, 1997), pp. 94-95.
[13] Kook, Iggerot ha-Re’iyah, vol. 3, p. 306.
[14] See R. Frank’s letter in R. Hayyim Hirschensohn, Malki ba-Kodesh, vol. 4, pp. 22-23, where he explains the situation in Jerusalem, and how the extremists controlled Rabbis Sonnenfeld and Yitzhak Yeruham Diskin.
[15] See Menahem Mendel Porush, Be-Tokh ha-Homot (Jerusalem, 1948), pp. 199ff., Or Hadash 17 (2012), pp. 68ff. R. Yitzhak Yeruham’s father, R. Diskin, was also more open-minded before he moved to Eretz Yisrael. See the valuable post by Zerachya Licht here and his earlier post here.
[16] Mekor Barukh, vol. 4, pp. 1957-1958.
[17] The letter is found in the Moshe Zvi Neriah Archive, Israel National Library, ARC.4*21300411.
[18] For my understanding of Maimonides, which diverges from that of R. Herzog and what seems to be the standard approach, see my Seforim Blog post here. I argue that Maimonides was only prepared to accept Plato’s view of eternal matter, but not Aristotle’s view of the eternity of the universe, though Maimonides acknowledges that the biblical verses can be read in accord with Aristotle’s approach.
[19] Perhaps there is a limud zekhut for these people in that the Rogochover held that utensils produced by non-Jews for commercial purposes do not require tevilah. See Tzafnat Paneah, Ma’akhalot Asurot 17:3 (called to my attention by Rabbi Sholom Berger). R. Abraham Price reacted with shock at this radical ruling which completely abolishes the whole concept of tevilat kelim in the modern world. See his edition of the Sefer Mitzvot Gadol, vol. 2, p. 444:

ונדהמתי לראות דברים כאלו כתובים מידי גאון אדיר, כי לפי דבריו בזמנינו בטל כל דין של טבילת כלים, שיש הרבה ראשונים הסוברים שהוא דאורייתא כדלעיל. שהרי כמעט כולנו קונים רק כלים הנעשים בבית תוצרות של נכרים ואין אחד מן רבבה שיקנה כלים ממה שהנכרי עשה בשביל עצמו. ודברים הנ”ל של הצ”פ הם כנגד דברי הש”ע וכנגד כל הראשונים

R. Price says that the Rogochover’s view is against “all therishonim.” Yet see R. Yehoshua Ben-Meir,Mi-Pekudekha Etbonen, pp. 276-277, who argues that the Rogochover’s view is also held by Rashi, Rashba, and Ritva.

See also R. Menasheh Klein, Mishneh Halakhot, vol 5, no. 110 (end), who mentions the Rogochover’s view and is not prepared to accept it. However, he raises the question about utensils that are produced by machine, and all the non-Jew does it touch a button. R. Klein think that it is possible that in such a case tevilah is not required, although he does not rule this way in practice.

Even as we continue to tovel dishes produced by non-Jews for commercial purposes and also by use of machine, I wonder if the doubts that have been raised mean that all toveling should be done without a berakhah. I have not seen any posek make this point.
[20] See R. Shmuel Khoshkerman’s responsum in Sefer Zikaron Penei Moshe, pp. 289ff., where he permits a man who is careful about Shabbat, kashrut and tefillah, but does not observe taharat ha-mishpahah, to serve as a kashrut mashgiach. Among the sources he cites is Shulhan Arukh, Yoreh Deah 2:7: מומר לערלות דינו כמומר לעבירה אחת

He also cites Yoreh Deah 119:7:

מי שהוא מפורסם בא’ מעבירות שבתורה חוץ מעבודת כוכבים וחלול שבת בפרהסיא או שאינו מאמין בדברי רבותינו ז”ל נאמן בשאר איסורים ובשל אחרים נאמן אפילו על אותו דבר לומר מותר הוא

He further cites R. Yitzhak Zilberstein, Hashukei Hemed, Bekhorot 30b, who thinks that someone who does not wash before eating bread is not to be disqualified from serving as a mashgiach. This is because his personal sins do not affect his feeling of responsibility to the community, and there is no reason to think that he would allow others to eat non-kosher just because he is not careful with netilat yadayim. R. Zilberstein does, however, cite his brother-in-law R. Chaim Kanievsky, who disagreed.

R. Khoshkerman explains his own lenient view:

והנה עינינו הרואות שהרבה אנשים זהירים בכשרות יותר מטהרת המשפחה, כיון שהוא יודע שאם הוא לא יהיה זהיר בכשרות הוא חוטא ומחטיא את הרבים, אבל בדיני טהרת המשפחה רק הוא חוטא. לפיכך נראה שיכולים לסמוך עליו. ועוד שאינם יודעים גודל חומרת האיסור של טהרת המשפחה, אבל על כשרות המטבח הם מקפידים, וכן על מצוות אחרות כגון שבת טלית ותפילין

R. Khoshkerman concludes:

המורם מכל האמור: שאדם שחשוד על טהרת המשפחה, אינו חשוד על כשרות, ולכן יכולים לסמוך עליו בתור משגיח כשרות. אבל רק בתנאי שהוא שומר מצוות אחרות כמו תפלה, טלית ותפילין ושבת, ורק על ענין טהרת המשפחה הוא עובר, או מפני שאינו יודע שזה דבר חמור, או מסיבות אחרות

R. Shalom Mordechai Schwadron, She’elot u-Teshuvot Maharsham, vol. 2, no. 62, already wrote as follows (and R. Khoshkerman will no doubt see this as support for his conclusion):

 די”ל שמ”מ לאינשי חמיר טפי איסורי מאכלות ועינינו רואות בכמה נשים שאין טובלות לנדתן ועוד כהנה ובכ”ז נזהרין מאיסורי מאכלות

I would also add that R. Moses Isserles’s words in Yoreh Deah 119:7 are relevant:

מי שהוא חשוד בדבר דלא משמע לאינשי שהוא עבירה לא מקרי חשוד

[21] The letter is found in Ganzach Kiddush ha-Shem in Bnei Brak.
[22] R. Aharon Rakeffet has often told about his shock in discovering, soon after being hired in 1961, that congregants at the Lower Merion Synagogue, his first rabbinic pulpit, drank non-kosher wine. He would have found the same thing at Modern Orthodox synagogues across the country. Rakeffet has also recorded his story in From Washington Avenue to Washington Street (Jerusalem, 2011), pp. 167-168. I discuss Jews drinking non-kosher wine in Changing the Immutable, and will return to it in a future post
[23] Jews shaving with a razor is also mentioned by R. Ezekiel Landau, Noda bi-Yehudah, Orah Hayyim Tinyana, no. 101, and R. Moses Sofer, She’elot u-Teshuvot Hatam Sofer, Orah Hayyim, no. 154: בעו”ה רבו המשחיתים בעם בתער

This was a such a problem among otherwise observant Jews in early twentieth-century America that R. Hayyim Hirschensohn tried to come up with a heter for shaving with the modern T-shaped razors. See Hiddushei Ha-Rav Hayyim Hirschensohn, vol. 3, no. 12. R. Hirschensohn’s position is discussed by R. Nachum Rabinovitch, Melumdei Milhamah, pp. 283-284.
[24] For stories of R. Moshe Feinstein and the Pioneer Country Club, see R. Yaakov Heftler (Leo Gartenberg’s son-in-law), “Zikhronot,” Kol ha-Torah 54 (2003), pp. 67ff. One story Hetfler describes is how his father passed away on the Shabbat of his aufruf, which took place at the Pioneer with some 250 guests in attendance. The wedding was supposed to be on Sunday. However, R. Moshe Feinstein, who was at the hotel in honor of the simhah, ruled that the funeral should be postponed to Monday and the wedding should take place on Sunday, when Heftler was an onen.

Here is the report about the wedding in Ha-Pardes, Tishrei 5720, p. 47.

[25] There was a well-known askan named Julius Steinfeld. You can read about him here. He did amazing things during the Holocaust and was responsible for saving thousands of Jews. I mention him here because he was very upset that the Agudah had their convention at the Pioneer and wrote a very sharp letter of protest. He even rejects the entire concept of a convention in which both men and women are in attendance.

[26] See Tosafot, Avodah Zarah 38a, s.v. Ela mi-de-Rabbanan, and the wide discussion of R. Ovadiah Yosef, Yehaveh Da’at, vol. 5, no. 54.

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51 thoughts on “The Aderet (part 2); Sonya Diskin and R. Yitzhak Yeruham Diskin; Zvi Glatt; and a New Letter from R. Herzog

  1. Being that you are a stickler for correct transliteration, Marc, I would point out that “Yesod ha-Ma’ala” should have been spelled Yesud ha-Ma’ala, as per Ezra 7:9. A Google search indicates that this is how the settlement is called as well.

  2. In the interview R’ Schonfeld only barely touches on it, but eventually there was a major scandal in Kew Gardens Hills when the main meat store, which had never had a hekhsher, had a kashrut issue and was forced to get a hekhsher.

    Avi Shafran just wrote a piece in reference to last week’s parsha presenting an opinion of Saadiah Gaon (based on a pasuk in the parsha) that there is indeed a mitzvah kiyumit to eat meat. But Shafran points out it’s not an accepted opinion.

    I’d think divorce is a prime example, though.

  3. Fascinating article Marc, thank you!

    R. Kook did not publish the Aderes’ work, he merely printed excerpts from it. This is why all the passages are in quotations marks. When he skips from one part to another, he prefaces it with הלאה יאמר or הלאה כותב, and he does this here is well when he moves from the first paragraph of section 5—which he ends with נפשי in place of לבי (Kookian slip?)—to section 7. The obvious motivation for R. Kook’s selection is hagiography, and I wouldn’t look too deeply into why this or that section was omitted.

  4. >>Speaking of the Aderet and censorship, see the article by Yaakov Fuchs here which shows how the Aderet’s strong criticism of the Rogochover was censored…

    >>Eliezer Brodt called my attention to another sharp comment by the Aderet against the Rogochover…

    שטרא מזכי לבי תרי הוא!

    1. 1. אא”ב=אין אנו בקיאים
      2. Does anyone think the Aderes would have published those passages about the Rogachover as is?

  5. “The Torah speaks in the language of man” —

    I think the first one to use this as an explanation of seeming incongruency of science and Torah is Samson Raphael Hirsch, commentary to Psalm XIX (מִקְצֵ֤ה הַשָּׁמַ֨יִם ׀ מֽוֹצָא֗וֹ וּתְקֽוּפָת֥וֹ עַל־קְצוֹתָ֑ם וְאֵ֥ין נִ֝סְתָּ֗ר מֵֽחַמָּתֽוֹ) — see there, and compare the differences between the original German and the translated English editions.

  6. “the Torah’s chronology”

    It may be helpful to mention that this chronology is from the Seder Olam, a Midrash in it of itself. This isn’t your issue but R. Herzog’s who seem to put typical years into the words of the Bible, which is Torah she-Ba’al Peh and therefore can be dareshened.
    Also when things are repeated for centuries — dogma builds up around them and there arises confusion as to the sources

  7. ידבר אל אלים is based on Daniel 11:36

    Contra Fuchs, I’m pretty sure that “שאא”ב” stands for “שאין אנו בקיאין”, which is the rationale the poskim give for not relying on various forms of בדיקה which are technically sanctioned.

    As to the Rogatchover legacy, I think it’s a bit more ambiguous than Dr Shapiro presents it. You very rarely see him quoted, and his Torah is not really learned in yeshivos (other than Chabad, per my understanding). When he gets mentioned these days, it’s generally in the context of discussing stories of his incredible intelligence, various “cutesy” stuff that he came up with, or – most often – sharp and witty insults that he said to various people. Conversely, there are fairly reliable stories of gedolim (e.g. R’ Chaim Brisker, the Chazon Ish) having been pretty dismissive of things he said or did.

    On top of that, it’s also possible that he himself moderated a bit over time as well.

    1. The Rogatchover’s legacy is hard to gage on the basis of contemporary citations alone, though a search on Otzar Hachochma will disabuse you of the notion that he is not very widely cited in contemporary halachic discourse [I studied the matter carefully when preparing the new edition of צפנת פענח על הרמב”ם for print with מכון עלה זית, particularly as it related to the need to preserve the old pagination and include indices that would help people look up citations to the work based on the first edition]. Obviously, the yeshiva is hardly a good representation of what is or is not cited in contemporary halachic discourse.

      Any discussion of the reception of the Rogatchover by his contemporaries must include R. Yechiel Yaakov Weinberg’s nuanced assessment of the matter, but it must also take into account the nature of the שאלות ותשובות penned by the Rogatchover in response to inquiries from across the Orthodox world.

      A good idea as to the identities of a great many of his correspondents can be gleaned from a perusal of the multi-volume series of שו”ת צפנת פענח החדשות, and when you do it becomes abundantly clear that he was regarded as an oracle to a very large swath of contemporary rabbis in his time.

      1. A search on אוצר החכמה is only meaningful if it’s compared to a comparable search on other gedolim. The number of seforim out there is enormous and the number of other seforim they quote is exponentially greater, and אוצר החכמה turns up everything.

        I see a lot of contemporary halacha and t’shuva seforim, and I stand by my assessment that the Rogatchover is rarely cited.

    2. BH

      Rav Elyashiv quoted him when discussing his chidush on Hargosho. On the other hand, in a letter to his son in law Rav Kanievsky, he respond’s to a citation of the rogatchover by rav kanievsky as loi nimtza bemechitzoseinu.

  8. Re: R. Moshe and the מצוה קיומית:

    I agree with you that R. Moshe was influenced by the GRA according to the widespread understanding that Matzah on the remaining days is a new kind of “voluntary Mitzvah”. Many have referred to the Chizkuni as support for the GRA, but his wording is not definitive. The Chizkuni may simply be comparing Matzah on the remaining six days to Tzitzis and Shechitah, where one is indeed obligated, but only after a voluntary choice has been made, as opposed to the first day where the obligation is binding unilaterally. I seem to recall that there are those who would like to understand the GRA in the same vein, but the language certainly supports the widespread understanding.

  9. Re the Pioneer and the like, I’m not sure.

    Back in those days, there weren’t heimisher places capable of hosting kosher events on an ongoing basis. A lot of major events (weddings etc.) were held in places which were ordinarily absolutely treif. What people did was kasher the place for the event, and serve their own food. Question is to what extent this applied to the Pioneer. I doubt if they would kasher a place that was ostensibly kosher, but is it possible that they had some sort of mashgiach overseeing things for that event? I don’t know.

    Further, is there any evidence that these people actually ate there altogether? It’s still common even today for rabbinic attendees at various events, such as Pesach programs and the like – with hechsherim and all – to not actually eat anything at the events that they attended, and I imagine this was all the more so back in the days when kashrus was much weaker.

    I happen to know that R’ Eliezer Silver did not eat anything anywhere, and traveled with his own food. (He had an exchange about it with RAK when he visited BMG and refused to eat the yeshiva’s food even though the meal he brought with him got accidently burned.)

    Lastly, I don’t know that it’s accurate to say that in that era “people of different religious levels were happy to stay together in one resort”. It may well be that people of different religious levels were not at all happy to stay together at one resort, but their options were much more limited, and they were lenient due to circumstance.

    One thing that WAS very different about that era was the point made by Julius Steinfeld in his protest letter. He says he contacted the Moetzes about this issue and they told him they couldn’t do anything about it because the (lay) leadership of the Agudah wouldn’t listen to them. I think the situation then was such that the lay leadership and Rich Guys – though very sincere and willing to do a lot for Orthodox Judaism – were not nearly as religious in certain areas as the rabbinic leadership would have wanted. But there was no alternative. There weren’t the type of yeshiva-educated askanim and millionaires that you have today. So the rabbinic leadership had to make a lot of compromises that they would have preferred not to make, but which they made anyway, in service of the larger goals.

    Bottom line is you can’t always prove from the fact that such-and-such major rabbi participated in such-and-such event (including also mixed weddings) that he regarded goings-on there as A-OK; he quite possibly thought it’s the best he could do under the circumstances.

    1. R. Moshe and the other gedolim all ate at the Pioneer. R. Moshe even went there for Sukkot. Can’t speak for R. Silver.

        1. Perhaps worth noting in this context that Leo Gartenberg was himself one of the founders of the Agudah in America. So he would possibly have been himself a part of the lay leadership of the Agudah, but at least well connected to them.

          1. A founder of Young Israel was a founder for Agudah of America???

            Note before Pioneer, he had a hotel (or two) in Miami, which had a number of (supposedly) kosher hotels.

  10. “Perhaps there is a limud zekhut for these people in that the Rogochover held that utensils produced by non-Jews for commercial purposes do not require tevilah . . . R. Abraham Price reacted with shock at this radical ruling which completely abolishes the whole concept of tevilat kelim in the modern world.”

    Be that as it may, this ruling actually makes a lot of sense. Spiritually elevating a kli handmade and personally bought from a non-Jew (an idol-worshiping one at that) before using it is very different than buying a mass produced pot from a factory where there is no emotional/personal connection to the kli. No one buys a pot from Target and thinks “this is a non-Jewish pot”!

    1. To make such an argument about an איסור דאורייתא is pretty radical.

      RMF held you can make a somewhat similar argument about bishul akum, for products produced in factories. But that’s an איסור דרבנן, which was explicitly enacted as a הרחקה, and even there he was leery of relying on it.

      1. Rabbi Ari Enkin sent me a page from a sefer which cites sources that today we don’t make a berakhah on being tovel any keli, as we don’t know who owns the factory it came from (a Jew could also be a partner in the factory). It doesn’t say that we don’t tovel because of this, but that we don’t say a berakhah (safek berakhot lehakel). In the post, I wondered if anyone held this way based on the Rogochover’s view.

        1. Marc, have you seen the recent biography of the Rogatchover by Yair Borochov? I wonder what your thoughts are about it, and how it compares to Dovber Schwartz’s earlier biography.

      2. True, but the Rogochover, and perhaps Rashi, Rashba, and Ritva agree.

        Similarly, there are many mitzvos that used to be d’oraisa that were later “downgraded” into derabbanan; or were ruled as being derabbanan outside Eretz Yisrael. Somebody had to decide that!

  11. בספר שלשה עולמות מאת חיים המבורגר זכרונות לאיש ירושלים חלק שלישי דף קד מסופר כך
    הרבנית מבריסק היתה ידועה למחמאת ומדקדקת בעניני כשרות בפרט בחשש של חמץ היתה מפרזת בחומרות. מנהגה היה שכל הכלים שהשתמשה בהם כל השנה

    איני יכול לכתוב כל המעשה. אולי אשלח קאפי מן המעשה המרתקת

  12. Marc you state that “Yet there is no reason to think that R. Moshe regarded living in Eretz Yisrael as one of the 613 mitzvot, and that is precisely why it could be regarded as a mitzvah kiyumit”
    I beg to differ: Reb Moshe states that
    שאלתך אם יש מצווה לדור בא”י כהרמב”ן או כהר חיים בתוס’ בכתובות דאינה מצווה בזמן הזה הנה רוב
    הפוסקים סוברים דהוא מצווה.
    Reb Moshe poseks that the halacha is according to the Ramban and the Ramban in his hasgot to Sefer Hamitzvot specifically states that Harabam forgot to list Mitzvat yishuv Eretz Yisrael as a Mitzvah.

    1. He says that it is a mitzvah but only a mitzvah kiyumit. It is not a mitzvah hiyuvit binding people. So I assume that such a mitzvah is not one of the 613. If you say that R. Moshe held that living in Israel was one of the 613 mitzvot but was not obligatory, only a mitzvah kiyumit, then this creates the problem that R. Avraham Shapiro notes (and one of the readers emailed me that R. Zalman Nechemiah Goldberg notes similarly).

      1. Whether it is קיומית has nothing to do with whether it is counted as part of taryag. The Rambam counts dinim which are not positive fulfillments at all as part of taryag

      2. Whether it is קיומית has nothing to do with whether it is counted as part of taryag. The Rambam counts dinim which are not positive fulfillments at all as part of taryag.

  13. I think that it is more than a chidush to say that there exists a category of mitzvah kiyumis. While a person may choose to put him or herself in a certain set of circumstances, the mitzvah that then applies is most certainly obligatory. For example, giving a get is not a mitzvah kiyumis. IF a person wants to divorce his wife, he IS OBLIGATED to give a get. IF a person wants to wear a 4 cornered garmet, he IS OBGLIGATED to have tzitzis on it. IF a person wants to eat meat, he IS OBLIGATED to shecht the animal k’din. For that matter, even according to the GR”A, IF a person wants to be kove’a seuda during pesach, he IS OBLIGATED to eat matza and not chametz. Likewise, IF a person wants to buy a home and live on planet earth, he IS OBLIGATED to live in eretz yisroel. The fact that there are extenuating circumstances which may mitigate his obligation, such as finding a wife, parnasa, or getting a derech halimud from a specific rebbi muvhak, (or as with any mitzvah excluding the 3 most stringent mitvos of idolatry, murder, or arayos, actual pikuach nefesh) does not take away from the fact that it is an obligation to live in eretz yisroel.

    1. Considering that it is a mitzvah to wage war for Eretz Yisrael and people die in wars, pikuach nefesh would seem not to apply here either.

      1. While i agree that the mitzva of milchama does require putting oneself in danger, i am not certain that waging war and living in israel are necessarily the same mitzvah. That is, v’yarashtem v’yashavtem bah may well be 2 separate mitzvos. An individual does not wage war alone as doing so would be suicidal. Moreover, there may be a mitzvah of milchama even in chutz la’aretz if a jewish enclave is attacked as a defensive milchemes mitzva where pikuach nefesh would also be set aside. Certainly, there were rishonim who were concerned for sakanas derachim as an apparent mitigating factor (this would seemingly not be an issue today).

  14. The Aderes also wrote very sharply about his own family in his autobiography: IIRC if my family members would have appreciated the importance of my seforim they would have allocated a space in the house where I could write in peace. Since they I did not I could not write the great chiddushim I had in my mind. So he was sharp tongued. His son-in-law talking about how unimportant and irrelevant the Badatz is, also seems biased

  15. “There was a well-known askan named Julius Steinfeld. You can read about him here. He did amazing things during the Holocaust and was responsible for saving thousands of Jews. I mention him here because he was very upset that the Agudah had their convention at the Pioneer and wrote a very sharp letter of protest. He even rejects the entire concept of a convention in which both men and women are in attendance.”

    Wow, arguing with every rav in the Agudah – he seems to have had quite an ego. Some things never change with askanim, I guess : )

  16. Re: the story with the Indian restaurant and R. Spivak allowing outside wine- when I lived in a growing community not long ago the local Va’ad, which worked consonance with the major hechsherim, allowed diners to bring their own bottles of wine- kosher wine only but I don’t think anyone checked- to the Indian restaurant there as well.

  17. I would like to add something that has not been identified by those who have written about American Jewish history. Some of the anti Rabbi Jacob Joseph agitation in NYC at the end of the 19th century had an ethnic element. Rabbi Moses Weinberger who wrote “People Walk On Their Heads” published in English by Prof. Jonathan Sarna (1981) writes about this aspect. RJJ rode roughshod over the very orthodox Hungarian Jews and their rabbis (possible exception of Rabbi Dr. Hillel Klein). And apropos of that the Aderes writes with special precision:
    ואותו הרב ה’ יעקב, שלא שמש תלמידי, חכמים ומלך מעצמו, ע”פ תבונתו כי פקח גדול הוא אינו מגיע לקרסולי תלמידי תלמידיו של הגאון חתם סופר ז”ל, לא בתורה ולא במעשים טובים,

    1. Rav Rice (Rav in 1860s Baltimore) was a talmid of Chatam Sofer.
      He and Rav Illowy (Civil War era New Orleans and Cincinnati) were first Orthodox rabbonim in America. (Excluding Rav Chaim Carigal, chavruta of Chida, taught Yale Pres Rev Stiles, responsible for words Urim Vetumim on Yale logo) was technically the first rav in America, but he was jus a visitor.

    2. RJJ was hired by a group of seven (or so litvish shuls) similar to CR of UK.
      And he (had to) stepped on many toes to enforce shechita.
      Harry Fischel, another askan, writes about it, his SIL Institutional, mentions it

  18. Many chassidic rabbonim give a hechsher today to overseas produced cooking utensils ‘eino tzarich tvillah’

    A major problem is that (almost) all production in US and overseas is private label, so you don’t know who the manufacturer is. And they switch factories constantly (even in middle of a production run).

    There is also a heter of utensils owned by a merchant, but that’s also abused, and rarely found today, but was common practice in the era discussed above. They rationalized a caterer was a merchant.

    Also, Rav Katz (son of the Lomza and Petach Tikva rav), from RIETS was Rav Hamachshir for Grossingers in mid late 80s. (Yes, his brother was Shofar franks, shul in Passaic, another brother was Dropsie College.)

    As for bishul akum, if a Jew puts the food on the fire (which sfardim require anyway) it’s perfectly OK, maybe preferred (Mechaber). And you don’t have to light the fire, you can raise the flame midway (even lower and raise) the flame. But we don’t tell that to the akum, so as not to teach them relevant halachot.

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