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Mysteries of the Magical Fifth Passover Cup (II): The Great Disappearing Act

Mysteries of the Magical Fifth Passover Cup (II): The Great Disappearing Act

By Leor Jacobi

Years ago, as a Yeshiva Bochur, a Rabbi explained to me that, according to the GRA, the Cup of Elijah at the Passover Seder is really the Fifth Cup mentioned in the Talmud which there is a doubt about  Thus, it is Elijah’s cup because when he returns to herald the redemption, every Talmudic tequ will be solved. I found that the elusive Fifth Cup is not actually mentioned in the Talmud as we have it, but by most of the Rishonim, who all had a textual variant.

Later, as a Junger Mann, I found R. Menachen Mendel Kasher’s pamphlet on the Fifth Cup, also published in his Haggadot (generally abridged). Despite some intrinsic flaws, it is a masterful and ingenious integration of traditional and modern methods.

A few years ago, groundbreaking publications by my teacher, David Henshke, and my colleague, Eliezer Brodt, inspired me to build upon their foundation, concentrating on points which remain obscure or unsolved.

As there are quite a few of these, I divided up the study into seven chronological and thematic parts which I hope will evolve into book chapters eventually but also stand alone as they are. The first part of the envisioned series, on the magical genesis of the fifth cup, was accepted by a prominent journal that graciously agreed to have an early draft distributed here. Part four, on 19th century scholarship post-Levinsohn was recently submitted to another leading academic journal.

With the current social upheavals due to the Coronavirus pandemic in mind, thanks to the generosity of the editors of the Seforim Blog, we can forego delays and release a draft of part two in time for Passover. Hopefully, the virus will disappear faster than the fifth cup did! Please favor me with your feedback towards advancing the project and I will do my best to acknowledge any and all contributions.

In a previous study on the genesis of the Fifth Cup, a primary textual variant of the Babylonian Talmud (Pesachim 118a) was identified as the source, an original teaching from the Talmudic Sages. Following the compilation of the Talmud, Babylonian Geonim not only received this textual variant, but actually drank the fifth cup themselves, with the apparent exception of Rav Hai Gaon, who also had the fifth cup Talmudic variant, but interpreted it as an optional practice, one which he did not follow. If the fifth cup was ordained in Babylon due to zugot, concern for even pairs arousing evil spirits, as explained in the prior study, perhaps Rav Hai inherited the original Palestinian custom of only four cups (zugot was only an issue in Babylon), as the Sages of Erez Israel did not believe in zugot. Alternatively, perhaps Rav Hai rejected the fifth cup as far as his own practice but not to the point of speaking out against it.

The fifth cup was widely observed among the Babylonian Geonim, and subsequently mentioned by Alfasi, Maimonides, and by Tur (14th century), the latter at length, with an entire siman (OḤ 481) devoted to it. 

 

 

 

 

 

 

However, if we fast-forward to the 16th century, we find that, despite an extensive discussion in R. Joseph Karo’s monumental Bet Yosef the fifth cup disappeared completely in his Shulḥan Arukh. Following the order of Tur, R. Karo gave names to all of the simanim. Here, he adopted a side issue of the siman and made it the focus and new title: “Not to drink after the fourth cup”. 

 

 

 

 

 

 

 

 

 

 

 

Furthermore, none of the principal commentators on the Shulḥan Arukh (“nose kelim”, 16th-17th centuries) even noted its disappearance. Explaining the magical disappearing act of the fifth cup during the Middle Ages will be the focus of this study.

The disappearance has bothered modern scholars of rabbinic literature, who struggled to explain it, most notably R. Menahem Kasher. Several factors have been suggested to explain the elimination of the fifth cup. They include: 1) Deletion of the Talmudic text mentioning the fifth cup due to homoteleuton (skipping text from one similar word to another)[1], 2) Endorsement of this variant by Rashi and Rashbam, 3) Application of this variant by subsequent Ashkenazi scribes,[2] 4) Circulation of an abbreviated version of Rav Hai Gaon’s responsum (in Tur) which suggests that Rav Hai Gaon also received the “Rashbam’s” version of the Talmud which does not mention the fifth cup,[3] 5) A statement at the beginning of Tur that the fifth cup should not be drunk, probably explaining Rashbam’s opinion, but ambiguously stated, 6) the development of a stringency in Medieval Ashkenaz to refrain from all drinking after the fourth cup, with some including even water in the prohibition (see below) and 7) The publication of the Venice edition of the Talmud, in 1520-23 following Rashbam’s textual variant, with no mention of the fifth cup, all subsequent editions following in kind, almost certainly the edition consulted by R. Joseph Karo.

Despite this multitude of factors, they don’t adequately explain R. Joseph Karo’s editorial decision to completely delete such a well-entrenched custom as the fifth cup, mentioned by all three of his pillars, Alfasi, Maimonides, and Rosh.[4] I propose that an additional factor, barely recognized previously and never noted in this context, was the one that settled the matter conclusively in the mind of Maran.

Rabbenu Yonah Girondi (13th century) maintained that one should refrain from drinking extra wine so as to be able to study the laws of Passover and the story of the Exodous all night, as the Sages did in Bne Braq. Maharil cites Rosh (Asheri) as adding that the fifth cup was permitted due to the verse v’heveiti. However, our standard printed text of Rosh states that the fourth cup is permitted due to the verse v’laqaḥti

(אבל בכוס רביעי התירו שיש לו סמך מן הפסוק כנגד ולקחתי אתכם. (סימן לג…

Rabbi Alter Hilewitz (1906-1994, author of halakhic works and editor of Encyclopedia Talmuditobjected that the printed text makes no sense and must have become corrupted.[5] There is no reason to permit the fourth cup after it has already been mandated in the Mishnah. The special dispensation must have been for the fifth cup and Maharil cited the genuine text version of Rosh.[6] R. Hilewitz’s hunch was correct, as we find in an early manuscript of Rosh (Asheri) written in Spain in 1325 during the lifetime of Rosh (from middle of 3rd line from bottom):[7] 

 

 

 

 

 

 

 

 

 

 

 

 

Rabbi Hilewitz

The corruption was a by-product of proliferation of the Rashbam’s text of the Talmud eliminating the fifth cup entirely. It probably represents an unintended stringency in interpretation of the prohibition on drinking excessively. Another correction we find in the manuscript is the attribution of the opinion. The manuscript attributes it to Rabbenu Yonah, corresponding to the attribution in Tur. However, the printed edition misattributes it to ר”מ, R. Meir of Rothenburg, master of Rosh.

The text of Rosh which R. Joseph Karo relied upon was almost certainly that of the famous aforementioned Venice edition of the Talmud.[8] It reads:

.אבל בכוס רביעי התירו שיש לו סמך מן הפסוק כנגד והבאתי אתכם…

 

 

 

 

 

 

The text does not make sense. It is conflated. Either the fourth cup was permitted by the verse v’laqaḥti (as in the modern printed editions), or the fifth cup was permitted by the verse v’heveiti (as in the manuscript). The fourth cup could not have been permitted by the verse v’heveiti. The development was apparently a two-stage process and the Venice Edition represents the “missing link”, an intermediate stage in which the fifth cup was changed to the fourth cup but the verse remained intact. At this point, R. Joseph Karo or the later publishers could have corrected the text back to “the fifth cup”, restoring the original version in the manuscript. However, the tide was already turning towards the fourth cup Talmudic textual variant in Bet Yosef, with his decision to read Rashbam’s Talmudic textual variant into Rav Hai Gaon’s responsum.[9] R. Joseph Karo decided to keep “the fourth cup” and to ignore the word v’heveiti, or to mentally “correct” it to v’laqaḥti, exactly how the later printers chose to emend the text of Asheri.

One can speculate as to why Kasher, Benedict and subsequent Rabbinic scholars did not discover this source. R. Hilewitz’s observation was published in a 1945 newspaper article in Palestine. At the time, war was raging and R. Kasher was in America. Manuscript variants of the text of the Talmud have been studied and published on for years[10] and the last generation has brought us two editions of Tur prepared using manuscripts.[11] Even Tosafot Rosh is published from manuscripts in critical editions.[12] However, for some reason, manuscripts of Rosh are relatively uncharted territory, despite the centrality and rabbinic authority of the work. Perhaps (similar to Rashi’s Talmudic commentary, up until the groundbreaking work of my teacher, Aaron Ahrend) it is this very centrality that led its manuscripts to be ignored, as it was printed so early on, in the Venice Talmud, and so many times. 

Most significantly, the text is hidden from view. Tur clips off this section of the discussion and Bet Yosef does not cite it. However, once we return to the textual version that laid open before R. Joseph Karo on his desk, which he certainly meditated on, we can understand how he interpreted the abbreviated text of Tur and why he decided to delete the fifth cup.

 

Addendum: The Power of Piyyut

Shmuel of Evreux adopted a stringency not to drink even water after the four cups.[13] His source was the piyyut composed by R. Yosef Tuv Elem for a qerova recited on Shabbat ha-Gadol.[14] The last two stanzas at the end of the piyyut are the most famous today, for they are recited almost universally at the end of the Haggadah: “Hasal siddur Pesah”. The stanza preceding it is one mentions the fifth cup. There are two textual variants of this line interpretations of the piyyut. Three manuscripts read as follows:[15]

 

 

 

 

 

 

 

 

 

According to this text, line 3 states that it is permitted to drink water absolutely, in accordance with normative halakhah. Line 4 adds conditions for drinking wine, being sick or finicky, as described in line 5 with the recitation of Hallel ha-Gadol in line 6.

Medieval piyyut commentaries also follow this text, for example, the commentary by Samuel b. Salomo of Falaise:[16]

…קמעא, מעט, לשתות מים יכנס, לאחר סעודתו אם ירצה לשתות, ואם חולה הוא או אסטניס ובעי למשתי חמרא ואינו יכול לשתות מים, לומ’ בה’ על שם ‘ה הלל הגדול, ישתנס, יאזור

However, the textual variant followed by the Tosafot (Pesahim 117b) omits the vav at the beginning of line 4. Now the conditions of line 4 apply to line 3 as conditions for drinking water. Apparently from this piyyut, R. Shmuel of Évreux derived the stringency against drinking water after the Seder.[17] Tosafot for chapter Arvei Pesahim were based upon the Tosafot of R. Yechiel of Paris or a student of his, such as Rabbenu Peretz (Shalem Yahalom). R. Yechiel was in contact with R. Shmuel. R. Yechiel would attempt to refute R. Shmuel’s novel stringencies. Sometimes the refutation was accepted, such as cited by R. Peretz in his gloss to Smak 93, and sometimes not, as found in Orhot Hayyim, Hilkhot Tum’ah, vol 2, p. 602, and apparently in our case regarding the stringency of not drinking water. In this case, the development of a stringent shitta forbidding even the drinking of water likely shifted the goalposts of halakhic discussion away from the option of the Fifth Cup of wine. 

Finally, on the topic of piyyut, Leon J. Weinberger described a poem from R. Binyamin which mentions the fifth cup as a basic custom, an integral part of the Passover Seder. The piyyut was later published in its entirety by Ezra Fleischer.[18] According to Weinberger, it provides a messianic interpretation of the fifth cup, an aspect of the fifth cup that will become more evident during later periods to be discussed in chapters of this study yet to come. 

 

 

 

 

 

 

 

 

 

 

 


Editor Note: please see Eliezer Brodt’s earlier post on this subject: https://seforimblog.com/2013/03/the-cup-for-visitor-what-lies-behind/

[1] Henshke; also see here for another possibility and analysis of Talmudic manuscripts here.
[2] Kasher noted Rabbenu Tam’s fierce opposition in general to applying proposed emendations into the text of the Talmud itself, blaming Rashbam (his older brother) in particular. See Spiegel, Soloveitchik, briefly reviewed in my Jewish Hawking in Medieval France.
[3] Rav Kasher advanced this claim convincingly to explain the deletion by R. Joseph Karo. R. Avraham Benedict also advanced this claim, without crediting Kasher. As far as rendering a legal decision, Benedict took a diametrically opposite position. According to Kasher, now that we possess the full version of Rav Hai Gaon’s responsum, we see that R. Joseph Karo was led astray by an ambiguous text. Benedict considers R. Karo’s decision binding and the presence of the abbreviated version is ample justification.
[4] Noted especially by Kasher, also by Henshke.
[5] ‘Kos shel Eliahu’, Bamishor 245-6 (25.3.1945), p. 5.
[6] This version is also found in Abudraham (Seder ha-Haggadah u’Perisha, ed. S. Kroizer, Jerusalem 1963, p. 234), citing Rabbenu Yonah. Abudraham’s source was probably Asheri, but he did not generally cite secondary sources, as he himself stated in his introduction (p. 6.). See: L. Jacobi, “Talmudic Honey”, Fragments of the Novellae of R. David ben Saul of Narbonne”, Giluy Milta B’alma, 2/17/2016.

[7] British Library Add. 27293 f. 131v.
[8] Bomberg: Venice 1520-1523, p. 138b.
[9] Kasher, Benedict.
[10] Diqduqe Sofrim, Lieberman Instritute, Friedberg.
[11] Shirat Devorah; Ma’or.
[12] Mossad Ha-Rav Kook, Ofeq Institute.
[13] Cited by Mordechai, Hagahot Maimoniot (Ed. Constantinople, 6:11, “gedole Evreax”), Agur. Tosafot Pesachim 117b.
[14] See a letter from Pinchas Eliyahu Lawee in Kobetz Beit Aharon 15:5 (89, 1998), pp. 135–136.
[15] With only minor variants irrelevant for our purposes. Gabriel Wasserman shared with me his pilot edition of variants and Abraham Levine provided me with expert guidance in this study.
[16] Parma – Biblioteca Palatina Cod. Parm 3000 (de Rossi 378), f. 30a-35b. I was aided in locating piyyut commentaries by Elisabeth Hollender’s monumental Clavis.
[17] Another later piyyut follows this strict opinion, recently published by R. Jacob Israel Stal. See his note at page 33.
[18] Kobez al Yad 21 (1985), p, 31.




To Censor or Not to Censor, that is the Question

To Censor or Not to Censor:  Electricity on Yom Tov, Illustrations and Other Items of Interest at Legacy Judaica’s March 2020 Auction

By:  Eliezer Brodt & Dan Rabinowitz

Legacy Auction’s latest auction will take place on March 26, 2020.  Their catalog provides us the opportunity to discuss a few items of interest to bibliophiles.

There are many examples of the phenomenon of censoring or declaring forgeries of teshuvot and other halakhic rulings especially when those rulings are contrary to contemporary practices. Nonetheless, there is at least one example where the urge to suppress contrary halakhic rulings was rejected.[1]

R. Yehiel Mikhel Halevi Epstein of Novogrudok is most well-known for his pseudo commentary on the Shulkhan Orakh, Orakh ha-Shulhan. [2] In addition to that work, he also wrote teshuvot and other important material, some of which was recently reprinted (see our post here) in Kitvei ha-Orukh ha-Shulkhan.  One was controversial responsum regarding turning on and off electric lights on Shabbat.

R. Dov Baer Abramowitz was born in 1860 in Lithuania but left at age 10 for Jerusalem.  He received ordination from R. Shmuel Salant and in 1894 emigrated to the United States.  He held a handful of rabbinic positions, eventually, in 1906 becoming the chief rabbi of St. Louis.  Abramowitz sought to reverse the trend of American Jews abandoning the faith and issued a variety of publications that sought to accomplish the goal of strengthening American Orthodoxy.  He was involved in the establishment of REITS, the Agudath Harabbonim, and the first branch of Mizrachi in America. [3] In 1903, Abramowitz, as part of his educational program, began issuing his journal, Bet Vaad le-Hakhamim, “the first rabbinic journal in America, to address the waning of religious observance and the lack of unity among religious authorities in America.” [4].  The annual subscription was $2, a fairly substantial sum when the average weekly wage in 1905 was approximately $11.  The journal lasted one year with six issues.

The first issue begins with an important announcement regarding the “new technology in the new land” that is a hot water heater and using it on Shabbat.  (Bet Va’ad vol. 1, 4).   Many important American (in addition to a few international) rabbis participated in the journal.  For example, R. Chaim Ozer Gordzinsky’s older cousin and with whom he studied, Zevi Hirsch the rabbi of Omaha, Nebraska, wrote a lengthy responsa regarding riding a bicycle on Shabbat.  He argues that the issue is carrying an object on Shabbat in a public space or even in a karmelit, but he identifies no other prohibition. (Bet Va’ad no. 5, Sivan 5663 [1903], 3-7).   Thus, it is unclear whether where there is eruv whether he would have permitted riding a bicycle.     The journal also includes a letter detailing the revolutionary production process of Manischewitz machine matzot and the various benefits of that process.  (Bet Va’ad, vol. 1 25-27). The letter is from the Chief Rabbi of Cincinnati because Manischewitz was originally founded in Cincinnati and only began production in the New York area in 1932 and shuttered its Cincinnati operations in 1958.[5]

The first issue includes four letters discussing the use of electricity on Yom Tov and whether one can turn on and off electrical switches, R. Epstein’s is the first.  (Bet Va’ad, vol. 1, 1). Therein he argues that one can turn on electrical switches on Yom Tov.  He identifies the issue of nolad or creating something as potentially prohibiting the action but concludes that one is merely connecting the circuits and nothing new is created.  But he caveats his responsum with the disclaimer that electricity is uncommon in Novogrudok and his opinion is based upon his best efforts to understand electricity. Indeed, R. Shlomo Zalman Aurbach refers to R. Epstein’s responsum as containing “devarim tmuhim” and explained that they are a product of a faulty understanding of the technology.(Shlomo Zalman Aurbach, Me’orei Or (Jerusalem, 1980), appendix). Lot 85, includes this volume as well as the second issue.

R. Epstein was not alone in permitting electricity on Yom Tov, indeed, the other three letters in Bet Vaad similarly permit electricity. Other contemporary rabbis also rule in favor of electricity.

Nonetheless, those are minority views and today the common Orthodox practice is to refrain from turning on and off electrical switches.  When the publishers of R. Epstein’s writings were deciding what to include in Kol Kitvei, they approached R. Chaim Kanievsky and asked whether they should exclude R. Epstein’s responsum regarding electricity.  Presumably, they were concerned that one of the greatest halkhic authorities of the late 19th and early 20th centuries permitted what is “established” law to the contrary (despite the other opinions). But R. Kanievsky rejected that position and held that the responsum should be reprinted.[6]

Another example of Americana and the use of fire on Yom Tov appears in one of the first haggadot printed in the United States.  The 1886 illustrated Haggadah contains a depiction of the four sons.  Depicting the four sons is very common in the illustrated manuscripts and printed haggadot. In this instance, the wicked son’s disdain for the seder proceedings shows him leaning back on his chair and smoking a cigarette. According to many halakhic authorities, smoking is permitted on Yom Tov, nonetheless, the illustration demonstrates that at least in the late 19th-century smoking was not an acceptable practice in formal settings. (For a discussion of smoking on Yom Tov, see R. Shlomo Yosef Zevin, Mo’adim be-Halakha (Jerusalem:  Mechon Talmud Hayisraeli, 1983), 7-8).

 

 

 

 

 

 

 

 

 

 

One of the other lots that also implicates illustration is lot 94, Shulhan Orakh im Pirush Gur Areyeh, Mantua, 1722, that contains the commentary of R. Yosef ben Ephraim Gur Areyeh Halevi.  As we have previously discussed at the end of this post, the Gur Areyeh’s title page to the first volume depicts six relevant personalities, Rashi, Rambam, MahaRIL, R Yosef Karo, R. Moshe Isserles, and R. Gur Areyeh.  According to some accounts, this illustration roused the ire of some rabbis because they felt the depictions were crude, and in some instances seem to show at least one rabbi in violation of Jewish law.  Allegedly, they claim that the Rambam is shown with insufficient peyot (sidelocks) in addition to long hair (as do others).  Thus in the remaining volumes of this edition, the illustrations were removed and they no longer appear (although at least in one preserved copy the illustration is repeated in the Yoreh De’ah volume).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

One lot, # 161, is an incredible discovery: R. Yosef Dov Halevi Soloveitchik’s (Bet Halevi) copy of the Halakhot Gedolot (BeHaG).  This copy contains hundreds of unpublished glosses, citations, and cross-references. This copy establishes that the Netziv was not the only Rosh Yeshivah of Volozhin who was involved in the works of the Geonim. One only can hope that whoever purchases this copy will publish the notes.

Another such item is # 87 is a presentation copy of Derishat Tzion that contains the commentary of R’ Tzvi Pesach Frank. Although not noted in the description R. Frank presented this copy to R’ Chaim Hirschenson.  In his Shut Malkei Bakodesh,(4:10) R’ Hirschsenson prints a very interesting letter from R Frank after he received a copy of one of R. Hirschenshon’s book. R Frank took issue with some of R. Hirschenshon’s conclusions and to his credit, he prints it without censoring it. The book being auctioned might have been a gift from R Frank in return for the gift he received. R. Frank’s letter is full of fascinating contemporary descriptions of Jerusalem.

Finally, for a discussion regarding lot 93, Menukha ve-Kedusha and censorship see our post here.

[1] See, for example, Yakkov Shmuel Speigel, Amudim be-Tolodot Sefer ha-Ivri:  Ketivah veha-Atakah (Ramat Gan:  Bar Ilan University Press, 2005), 241-97; Marc Shapiro, Changing the Immutable:  How Orthodox Judaism Rewrites History (Oxford:  Littman Library of Jewish Civilization, 2015), 81-118.

[2] For a biography see R. Eitam Henkin, Tarokh le-fani Shulkhan (Jerusalem:  Maggid, 2019).  Regarding this book see our discussion here.

[3] Yosef Goldman, Hebrew Printing in America 1735-1926:  A History and Annotated Bibliography (Brooklyn:  [YG Books], 2006), vol. 1, no. 584, 514. See our reviews of Goldman’s bibliography here and here.

[4] Goldman, Hebrew Printing, no. 591, vol. 1, 521.

[5] See generally, Yossi Goldman, vol. 1, no. 591, 520-21.  Bet Vaad contains materials beyond responsa and halakhic discussions, including poetry, discussions regarding Jewish life in America such as yeshivot, restaurants, and a fable written in verse.

For a discussion of Manischewitz, see Jonathan D. Sarna, “How Matzah Became Square: Manischewitz and the Development of Machine-Made Matzah in the United States,” in Rebecca Kobrin, ed., Chosen Capital: The Jewish Encounter with American Capitalism (New Brunswick: Rutgers University Press, 2012), 272-288; Jonathan D. Sarna, How Matzah Became Square: Manischewitz and the Development of Machine-Made Matzah in the United States (New York: Touro College, 2005).

[6] Regarding the position that seeks to portray Orthodox Judaism a monolithic halakhic process and view as legitimate only certain opinions see Adiel Schremer, Ma’ase Rav: Shekul ha-Da’at ha-Halakhati ve-Eytsuv ha-Zehut ha-Yahadut (Ramat Gan:  Bar Ilan University Press, 2019), 191-97.




Notice on the passing of R. Shlomo Biegeleisen

All אוהבי ספר join in mourning the passing of R. Shlomo Biegeleisen, זכרונו לברכה. One of the most knowledgeable Jewish bookdealers in recent Jewish history, he did not merely sell books. He proffered sound advice, introduced customers to each other, and – in general – provided a congenial setting for תלמידי חכמים, scholars, collectors, bibliophiles, and “ordinary” Jews to meet and exchange ideas. Many a חידוש and scholarly article resulted from a conversation that took place (or: was overheard) at Biegeleisen’s Jewish bookstore. Aside from his private customers and their collections, he helped build many of the leading public libraries, including those of prominent Yeshivos and prominent academic institutions. יהא זכרו ברוך!

Special כוס תנחומין to his wife Mrs. Gina Biegeleisen; to his brother and partner R.Moshe Biegeleisen; and to his son Mr. Yossie Biegeleisen. A third generation of Biegeleisens has now joined the family business, and there could not be better testimony to this family’s ability to transmit from one generation to the next their אהבת התורה ,אהבת ישראל, and אהבת הספר.

Shnayer Leiman




The Breadth of Rabbinic Opinion Regarding Mosaic Authorship of the Torah in the Middle Ages

The Breadth of Rabbinic Opinion Regarding Mosaic Authorship of the Torah in the Middle Ages

By Ben Zion Katz, MD

Arguably, Orthodox theology today is much narrower than what was acceptable in the Middle Ages.  For example, ArtScroll is editing Rashbam’s (Rabbi Samuel ben Meir, ca 1080 -1174) more radical comments out of their new edition of the Rabbinic Bible (Mikraot Gedolot).[1]   In this paper, I will discuss a dramatic example of Biblical exegesis, which could even be considered within the realm of so-called “higher Biblical criticism”, and the implications of this exegesis re medieval Jewish theology.[2]

Numbers 21:1-3 describes a war between Israel and the King of Arad and involves a city named Hormah.  The verses from Numbers read as follows (my translation): (21:1) When the Canaanite King of Arad who dwelt in the Negev heard that Israel was coming by the way of Atarim, he fought Israel and took some of them prisoner.  (21:2) Then Israel made a vow to God saying “If You deliver this people into our hands, we will destroy their cities”. (21:3) God heeded Israel’s call and handed the Canaanites over, and they and their cities were destroyed, so that place was called Hormah (destruction).  

However, there is evidence from later in the Bible that Hormah was not conquered by Israel until after the time of Moses.  Joshua 12:14 states that the King of Hormah was defeated by Joshua (cf. Josh 12:7). In addition, Judges 1:17 states that the tribes of Judah and Simon defeated the Canaanites of Tzefat and renamed that destroyed city Hormah.  

Abraham Ibn Ezra (1089-1164) on Num 21:1 comments that “many believe that [therefore] Joshua (emphasis mine) wrote this passage [in the Torah]”, citing the text of Josh. 12:14 as proof.  However, Ibn Ezra goes on to refute that opinion by claiming that the Hormah mentioned in the book of Joshua and the Hormah mentioned in Numbers 21:1-3 are two different places on opposite sides of the Jordan River.  His proof is that the city West of the Jordan was originally called Tzefat (citing Judges 1:17), unlike the city mentioned in Numbers 21:3 (although the original name of Hormah is not given in Numbers 21:3).  Note that Ibn Ezra does not refer to any dogma or theology in relation to the previously cited opinion re Joshua’s authorship of three verses of the Torah; he simply refutes the argument via logic and the prooftext from Judges 1:17.       

Ramban (Nachmanides, 1194-1270), as is his wont, has a longer comment (on Num. 21:1) than Ibn Ezra.  After addressing the historical problem, he writes (my loose translation, with parenthetical comments and emphases):  “And it seems to me that this King of Arad lived in the Negev West of the Jordan in Canaan in the area of the (future) territory of Judah near Hebron.  The King of Arad heard from afar that the Israelites were coming by way of Atarim to do battle, and that is why the text emphasizes that the King dwelt in the Negev in Canaan (see also Num. 33:40) because he had to travel to do battle from his country to where the Israelites were presently located (in the desert on the East side of the Jordan).   And the Israelites made a vow (that should God allow them to succeed in battle against the King of Arad that the Israelites would consecrate all of the King of Arad’s territory to God) … and the Israelites fulfilled (or at least began to fulfill) their oath because they defeated the enemy in the days of Moses … and consecrated the booty in a sacred storehouse.   And the text of the Torah concludes the matter here by saying that the Israelites also consecrated Arad’s cities in Canaan after Joshua died as proof that they ultimately fulfilled their vow, and then they renamed [Arad’s destroyed city] Hormah (destruction) as it says in the book of Judges (1:17) … And that’s where the oath was completely fulfilled.  But the Torah wanted to conclude the matter here (aval hishlim hakatuv [emphasis mine; see below] lehazkir ha-inyan be-kaan).”  

Ramban goes on to add that there are two other places in the Torah where summary statements are made regarding matters that took place after the death of Moses. The first of these relates to how long the Israelites ate manna.  Exodus 16:35 states that the manna didn’t cease until the Israelites crossed into Canaan (as recounted in Josh. 5:12), which was after the death of Moses.  The second such instance according to the Ramban where an event that occurred after the death of Moses was included in the Torah for completeness was when the Bible stated “These are the names of the people who will divide up the land [of Canaan] for you…” (Num. 34:17-29); this too didn’t occur until after the Israelites crossed the Jordan.  

Surprisingly, Isaac Abrabanel (1437 – 1508) read Ramban as saying that these passages (Numbers 21: 1-3 and probably Exodus 16:35 which he also quotes [he does not quote Numbers 34:17-29) were written after the time of Moses, rather than conventionally understanding them as being prophecies.[3]  Abrabanel begins by stating that Ibn Ezra believed that Numbers 21:1-3 was authored by Joshua, even though Ibn Ezra’s conclusion (cited above) was that this was not the case.  Abrabanel then quotes the words of the Ramban: hishlim hakatuv (my emphasis again; see below) lehazkir kaan ha-inyan, but according to Abrabanel, this phrase does not mean that “the Torah wanted to conclude the matter here”, but rather that “he completed the matter here” with “he” referring to Joshua.  According to Abrabanel, Ramban did not explicitly state who the “he” was who completed the Torah because it was not Moses (Vehiniach hadavar bestam shehakatuv hishlimo, aval lo zachar mi hayah hakotev (my emphasis; see above), keyvan shelo hayah Moshe).  Abrabanel expresses strong condemnation that Ramban would say that Joshua wrote these verses (kelimah kastah panav = “embarrassment [should] cover his face”), but Abrabanel nevertheless believed that Ramban held this opinion, which Abrabanel believed Ramban borrowed from Ibn Ezra. 

Many things are astonishing here, some of which were already alluded to and most of which are pointed out by Chavel in his annotated edition of Ramban on the Torah.[4]  First is that Abrabanel believed that Ramban meant that a few verses of the Torah were not authored by Moses.  Second is that this does not seem to be the meaning of what Ramban actually wrote. It is of course possible that Abrabanel had a different text of Ramban, but the words he quotes (hishlim hakatuv lehazkir kaan ha-inyan) do match our text nearly exactly; perhaps he read the Ramban text as hakotev instead of hakatuv (see underlined words above), and some of the adjoining words (which he did not quote) also differed, making Abrabanel’s reading more plausible.  Finally, Abrabanel concluded that Ramban agreed with Ibn Ezra that Joshua wrote these verses. However, as noted, Ibn Ezra ultimately rejected the opinion that Joshua wrote these verses.  

Regardless of how plausible Abrabanel’s reading and understanding of Ramban and Ibn Ezra may be, Abrabanel does conclude that two great medieval rabbinic figures, Ibn Ezra and Ramban, both believed that Joshua added a few verses to the Torah in Numbers and probably (at least) in Exodus as well (16:35).  Abrabanel does express surprise at Ramban’s opinion, presumably based on dogma related to Mosaic authorship of the Torah, but he does not dismiss the opinion as theologically untenable (as did Rabbi Moses Feinstein in the 20th century when he was asked about the Torah commentary of Rabbi Yehudah Hachasid).[5]  Abrabanel does not express surprise for the similar opinion he ascribes to Ibn Ezra, perhaps because Abrabanel held Ramban in higher regard.  

It appears therefore that it was (still) acceptable in the late 15th – early 16th century (although perhaps no longer “mainstream”) to believe that Joshua could have added several verses to the Torah (besides possibly the last eight; see Baba batra 14b and my Journey Through Torah, chapter 4), and that great earlier Rabbinic figures could have held that opinion as well.  Truth be told, Ibn Ezra and others did share this view, although not concerning these verses in Numbers 21.[6]  This is all notwithstanding Maimonides’ eighth principle of faith that the whole Torah as we have it today was authored by Moses.[7]  Abrabanel again offers no explanations or excuses for Ibn Ezra and Ramban, although he is disappointed that Ramban hinted at such a position.   

The implication of this view and other similar arguments[8] (which may have been minority opinions in the Middle Ages but still seem to have been within the pale) is that there existed a greater breadth of acceptable Jewish theology regarding the authorship of the Torah at the end of the 15th – beginning of the 16th century than existed in rabbinic circles in the 20th century and that is present in many Orthodox circles today.  This is unfortunate as it tends to stifle what might be otherwise legitimate intellectual debate. [9]  

[1] MB Shapiro.  Changing the Immutable: How Orthodox Judaism Rewrites Its History.  Oxford.  Portland, Oregon.  2015. P. 59.
[2] This paper was first presented in a different form as part of a talk entitled “A Traditional Yet Modern Approach to Torat Moshe MiSinai” at the Herzl Institute 19 June 2017, Jerusalem, Israel, as part of a conference “What Does Torah From Heaven Mean?”  See also my A Journey Through Torah: A Critique of the Documentary Hypothesis. Urim.   Jerusalem.  2012. P. 85, n. 8. 
[3] Y Shaviv.  Peirushay HaTorah LeRabeinu Yitzchak Abrabanel.  Vol. 4 (Bamidbar).  Horeb. Jerusalem. 5768 (2008).  p. 181 (Hebrew).
[4] HD Chavel.  Peirushay HaTorah LeRabbeinu Moshe ben Nachman (Ramban).  Vol. 2 (Vayikra-Bamidbar-Devarim). Mosad HaRav Kook. Jerusalem. 5729 (1960).  Pp 281-283 (Hebrew).
[5] See my Journey Through Torah, Chapter 7. 
[6] See my Journey Through Torah, pp. 76-85 and 91-98.
[7] See MB Shapiro The Limits of Orthodox Theology: Maimonides’ Thirteen Principles Reappraised.  Oxford. 2004. Chapter 7.
[8] See note 5.
[9] See my Journey Through Torah, Chapter 9.  




Reuven Elitzur, Saul Lieberman, and Response to Criticism, part 2

Reuven Elitzur, Saul Lieberman, and Response to Criticism, part 2

Marc B. Shapiro

Since I mentioned R. Reuven Elitzur in my post here, let me note two other interesting items from his posthumously published book, Degel Mahaneh Reuven. On pp. 304-305 we learn that when Elitzur studied in Ponovezh, one of the students joined the Irgun. When some other students found out about this, they grabbed the Irgun student one night, covered his head with a blanket, and beat him terribly. The result of this was that the student not only left the yeshiva, but abandoned religion entirely. Only many years later, due to Elitzur’s influence, did he begin to again observe Shabbat.

I also found this story, on page 311, of interest.

 

We see that Elitzur was in the United States at the time of the great fire at the Jewish Theological Seminary library in April 1966. From the passage we see that he would eat his breakfast at JTS.[1] It could mean that he brought his own breakfast with him, or it could also mean that he ate the breakfast in the Seminary cafeteria. If the latter, it could mean that he only ate the cornflakes or that he even ate cooked items. It is interesting that a text with such ambiguity, and thus liable to create “problems,” appeared in a haredi work. I therefore assume that the grandchildren who put the book together did not understand the significance of where the fire had taken place, namely, that it is not an Orthodox institution.[2]

Regarding Orthodox rabbis visiting the Jewish Theological Seminary, in R. Aharon Rakeffet-Rothkoff’s memoir, he tells the following story about R. Moshe Bick:

Meeting such a figure [R. Bick] in the Seminary library made me feel awkward. Utilizing the rabbinic aphorism, I asked the good rabbi: “What is a kohein doing in a cemetery?” . . . With a kindly smile embracing his face, the Bronx spiritual leader immediately responded: “If the Seminary possesses rare and invaluable rabbinic texts, they must also be available to all Torah scholars. The Seminary cannot withhold these treasures from Klal Yisrael.”[3]

In R. Pinchas Lifshitz, Peninei Hen (Monsey, 2000), pp. 99-100, there is a 1929 letter from R. Shimon Shkop to Cyrus Adler, Chancellor of the Jewish Theological Seminary. In this letter, R. Shkop mentions meeting Adler at his Seminary office, at which time he spoke to him about the difficult financial situation of his yeshiva, Sha’ar ha-Torah in Grodna.

Regarding the Seminary, Nochum Shmaryohu Zajac called my attention to this video. In his discussion with Dr. Dov Zlotnick, we see the Lubavitcher Rebbe’s positive attitude towards Saul Lieberman (which I already mentioned in Saul Lieberman and the Orthodox).[4] It appears, however, that the Rebbe was confusing Lieberman and Louis Finkelstein when he referred to Lieberman’s connection to Torat Kohanim, and that he wrote he’arot and mar’eh mekomot to it. Torat Kohanim, otherwise known as the Sifra, was in fact Finkelstein’s great project.[5]

Another teacher at JTS was R. Abraham Sofer, who published the Meiri. A number of letters from the Lubavitcher Rebbe to him are included in Menahem Meshiv Nafshi (Jerusalem, 2012).

Here is vol. 2, p. 608.

I am quite surprised that R. Sofer is described as a “maggid shiur” at בית מדרש לרבנים. Is it possible that the editors did not realize that בית מדרש לרבנים is not an Orthodox institution?

Returning to Lieberman, in my post here I noted that Genazim u-She’elot u-Teshuvot Hazon Ish, vol. 2, published a lengthy letter from Lieberman to the Hazon Ish. Subsequent to that post, volume 3 of this series appeared, and beginning on page 319 we have two lengthy letters from the Hazon Ish responding to what Lieberman wrote. He begins with the following words which present a traditional perspective in opposition to the academic approach of Lieberman.

אם אמנם הבלשנות ותרגום המילים נוטל חלק בתורה שבעפ לאחר שנתנה לכתובאבל הרצים אחריה מדה ואינה מדהואין התורה מצוי‘ בין אלה שעושים את מלאכתם קבע ואת עיון העמוק עראית או אינם מתעמלים בו כללולאלה שעמלים בתורה אין פרי עבודתם של חוקרי הלשון מועיל רק לעיתים רחוקותובדברים קלי ערךומגמת המתעמל להתוכן ולא לתרגום המלה שהוא בבחינת תיק

I think readers will also find interesting a letter in the Lieberman archives at the Jewish Theological Seminary of America. I was alerted to this by Ariel Fuss.[6] Max Rowe represented the Rothschild Trust which awarded four monetary gifts to outstanding rabbinic scholars. Rowe turned to Lieberman for his recommendations on who should receive the awards. Although today everyone knows about the greatness of R. Hayyim Kanievsky, we see that Lieberman was aware of this fifty years ago, and recommended him for the grant. He even regarded R. Hayyim as greater than his father, the Steipler. Of all the significant figures Lieberman could have suggested, it is fascinating to see whom he chose.

I still have a good deal to write about Lieberman, as I have collected a lot of new material since the publication of Saul Lieberman and the Orthodox. For now, here is a picture of a young Lieberman and his wife, Judith, that has never before appeared in print or online. I thank Professor Meir Bar-Ilan for sending it to me.

* * * * * *

Continued from hereLet us resume with Grossman’s review, going page by page. First, I must thank everyone who wrote to me offering support. Many of these people are in the haredi world and have been reading my material for years, and others have listened to my Torah in Motion classes. They all knew that I had never mocked rishonim and aharonim,[7] an accusation I referred to as “slander”.[8] A number of people asked me how to explain why Grossman so mischaracterized my book, as it certainly wasn’t intentional. My response to them was that if you come to a task with a preconceived negative view, on a mission of destruction, then you will not be able to judge a book fairly. You won’t even realize how you are not being fair, and this in turn will lead to all sorts of mistakes. In the introduction to the Guide of the Perplexed, the Rambam addresses readers of his book:

If anything in it [the Guide], according to his way of thinking appears to be in some way harmful, he should interpret it, even if in a far-fetched way, in order to pass a favorable judgment. For as we are enjoined to act in this way toward our vulgar ones, all the more should this be so with respect to our erudite ones and the sages of our Law who are trying to help us to the truth as they apprehend it.

What the Rambam is saying is that readers should give authors the benefit of the doubt, and only if an author is clearly incorrect should one then feel comfortable expressing criticism. He says that we should act this way even “toward our vulgar ones,” the category that I and so many others would best be placed in, rather than in the category of the “erudite” and “sages of our Law.”

Unfortunately, Grossman was not careful in the way he wrote. R. Yair Hayyim Bacharach already warned us about the problems that arise from this, with a nice witticism:[9]

ואפילו בכתבי הדיוט אומרים בעלי הלצה השמר פן [פען הוא בלשון יהודי פולין שם לקולמספעדערוהוא מלשון רומית Penna. הערת המולכי אא לפרש דבריו או להתנצל בהם עי חסר או יתור או חלוף מלה כמו שעשה יעשה באמרי פיו.

Another relevant witticism is mentioned by Samson Bloch [10], that the word מבקר (reviewer or critic) stands for מתכבד בקלון רעהו.  

On pp. 38-39, Grossman quotes me as saying that the Rambam’s conception of Ikkarim was an innovation, and that this is not just something mentioned by academics but is also found in traditional writings. There is nothing controversial in this statement, and as many readers know, Rambam was criticized for having too many Principles (R. Joseph Albo) or for having too few (R. Isaac Abarbanel).

Grossman writes (p. 39):

Shapiro writes this despite the fact that an array of classic scholars, among them Alshich, R. Moshe Chagiz, Beney Yisoschar and Mabit believe otherwise. The latter, in a section of his Beys Elokim devoted to the Principles, begins his discussion with this comment. “All the main Principles of the Torah and its beliefs are either explicit or hinted at in Torah, Prophets, the Hagiographa, and in the words of Chazal received from a tradition; in particular, the three Principles which include them all.”

All this is completely irrelevant to what I have said. The issue is not whether the Rambam’s Principles can find support in the Torah, Prophets, Hagiography, or Chazal. Of course Rambam can find support for his Principles in earlier sources. What I and everyone else (rishonimaharonim, and academic scholars) are speaking about is something entirely different. It is whether the Rambam’s specific conception of Principles of Faith – that belief in the Principles, despite all other sins, are enough to ensure a share in the World to Come, and denial or doubt of a Principle, despite one’s piety and halakhic punctiliousness, will prevent one from having a share in the World to Come  is found in any other source before the Rambam. I also stated that no one before the Rambam had picked thirteen specific Principles as the basis of Judaism. As far as I know, every single rishon who wrote about the Principles agrees with this point. Unfortunately, Grossman once again completely misunderstands what I have stated.

Grossman writes (pp. 39-40):

Nothing shows more clearly that the Rambam based his Principles upon the Talmud than the fact that in Hilchos Teshuvah [3:6-8], he lists the various heretics under three classifications: min, apikores and kofer baTorah, all of whom lose their share in the World to Come. Obviously, each group violates a particular fundamental of faith, or else why would they be listed separately? Shapiro explains this by saying: “For his own conceptual reasons which have no talmudic basis, Maimonides distinguishes between the epikorus, the min and the kofer batorah.” [Limits of Orthodox Theology, p. 8 n. 27] But these terms are not, as Shapiro would have them, the Rambam’s inventions. They are taken from an explicit passage of the Talmud in Rosh ha-Shanah 17a which lists these three classes of heretics as those who lose their portion in the World to Come. They are obviously not a product of Rambam’s ‘conceptual reasons.’”

Every reader should be able to see Grossman’s error. Contrary to what Grossman attributes to me, I did not say that the terms epikorus, min, and kofer ba-Torah are the Rambam’s inventions based on his “conceptual reasons.” (He must think I am really ignorant as he assumes that I do not know that the terms epikorus and min are found in the Talmud.) What I said was that the way the Rambam distinguishes between these categories is based on his own conceptual reasons. In other words, why do certain heresies fall into the category of epikorus, others into the category of min, and others into kofer ba-Torah. For some heresies, we can see that the Talmud refers to the holders of these views as minim, but for others, it is the Rambam who determined the divisions, and we cannot find a talmudic basis. There is also no consistency in the Rambam’s own writings for what is included in the category of min.[11]

R. Nachum Rabinovitch writes as follows in his Yad Peshutah to Hilkhot Teshuvah 3:8, in discussing how the Rambam determined who is placed in the category of epikorus (as opposed to say, kofer ba-Torah). What I have underlined is particularly important. Is Grossman now going to be attacking R. Rabinovitch?

כאן שרצה רבינו לחלק בין כופרים שונים לפי מושגים יסודייםלפיכך השתמש במונח אפיקורוס לא כפי הוראתו הרחבה בדברי חזל שהשווהו למלה ארמית אשר שרשה פקראלא כפי מובנו בתולדות הפילוסופיהדהיינומן הכת של הוגה הדעות היווני אפיקורוס . . . על כן הגביל את המונה אפיקורוס למי שכופר בהשגחהזאת אומרתמכחיש שד‘ יודעוממילא כופר גם באפשרות שה‘ מודיע לבני אדם ובתוכם גם משה רבינונמצא שהמונח מין מיוחד לאמונות כוזבות על הבורא עצמוואפיקורס מיוחד לדעות נפסדות על יחס הבורא לאדם


I refer to R. Rabinovitch’s commentary in Limits, p. 9 n. 27, right after the passage cited by Grossman which he misunderstood and found so objectionable. Had he examined what R. Rabinovitch wrote, he might not have misunderstood what I was saying.

In this note I also refer to Menachem Kellner, Dogma in Medieval Jewish Thought, pp. 20-21. On p. 21, Kellner writes: “Maimonides does not carefully distinguish among the terms sectarian, epikoros, and denier.”

I also refer to R. Yitzhak Shilat, who in his note in Iggerot ha-Rambam, vol. 1, pp. 38-39, after discussing the different ways the Rambam refers to heretics in his various works, writes as follows with reference to the term min:

ונראה שהסבר הדבר הואשבהלכות תשובה נכנס הרמבם לחלוקה תיאורטית של סוגי הכפירה השוניםושם הוא מייחד את המונח מין” לסוג מסוים של כפירהדהיינו לכפירה באחד מעיקרי אמונת האלהותאך במובן יותר מעשי ורחב הוא משתמש במונח מינות” לכל כפירה באחד מיסודי האמונה (ובהפניה מהל‘ שחיטה להל‘ תשובה התכוון לכל סוגי הכופרים המנויים שם)

.ואכןהרחבת מושג המינות” והחלתו על כל כפירה באחד מיסידי האמונהמפורשת בדברי הרמבם במקומות אחדים . . . הרחבה נוספת של השימוש במונח מין” אנו מוצאים בהמשך דברי הרמבם

נמצאנו למדים שהרמבם משתמש במונח מינות” לא פחות מאשר בשלושה מובניםזה רחב מזהאכפירה ביסודי האמונה השייכים למציאות ה‘. בכפירה באחד מכל יסודי האמונהגכפירה בתורה שבעל פה


As the reader can see, R. Shilat explains how when it came to categorizing heresy, the Rambam used “his own conceptual reasons.”

In my note in Limits (p. 9 n. 27) I did not refer to R. Kafih’s commentary to Hilkhot Teshuvah 3:7, but it is also important regarding this matter. After mentioning those who questioned why the Rambam included what he did in the category of epikorus, seeing that various talmudic passages define an epikorus differently, R. Kafih states that this matter is easily explained, namely, the Rambam is not using the term epikorus the way it is used in the Talmud. Rather, he is using the Greek term, and placing into this category those heresies that can be identified with Epicurean philosophy.

ולפיכך כל מה שמקשים על דברי רבנו כאן מאפיקורוסים שונים שנאמרו בשסלקמכי שם מדובר בהטית המלה העברית הפקר בלבושה הארמי אפקירותאוכאן מדובר במלה שמקורה יוני עש אפיקורוס

R. Kafih explains further in his commentary to Mishneh Torah, Sefer Nezikin, p. 594:

שכל שבוש תעיה וכפירה השייכים לאלהות נקרא מיןוכל תעייה שבוש וסטייה השייכים לנבואה נקרא אפיקורוסובנדפס טרפו וערבבום יחד

R. Judah Albotini does not even think that we should pay the distinctions the Rambam gives to the different types of heretics much mind, as the different terms are “lav davka”.[12]

ואפילו הרב זל בעצמו משנה דבריו בהם כי פה כתב שהמינים הם אלו הה‘ שמות (ובס‘) [ובהלכותרוצח שהמין הוא העובד עז או האוכל נבלות להכעיס ובה‘ עירובין קרא לישראל העובד עז שהוא כגוי ולא קראו מין וקרא מינים לצדוק ובייתוס וכל הכופרים בתורה שבעל פה ולאלו קרא בכאן כופרים הרי לך שכל אלה השמות לאו דוקא קאמר אלא עד העברה

The most detailed discussion of how the Rambam categorizes the various types of heretics is found in Hannah Kasher, Al ha-Minim, Ha-Apikorsim, ve-ha-Kofrim be-Mishnat ha-Rambam. This book appeared in 2011, too late to be mentioned in Limits. On p. 15 she writes (emphasis added):

הרמבם לעתים הציע הגדרה מכוננת למונחיםוקבע כיצד לטעמו יש להשתמש בהם מעתה ואילך. . . הרמבם המיר לעתים באופן רדיקלי את משמעותו של המונח המסורתי ויצק לתוכו תוכן שונה.

On pp. 40-42, Grossman deals with my suggestion that the Rambam abandoned his Thirteen Principles of Faith as the summation of Jewish dogma in favor of his more detailed formulation in the Mishneh Torah. In support of this suggestion I point out that not only does the Rambam pretty much ignore the Thirteen Principles in his later works, but in discussing what to teach a convert, he also does not mention the Thirteen Principles. (Regarding converts, he only states that they should be instructed in the oneness of God and the prohibition of idolatry.) I also note that both R. Joseph Schwartz and R. Shlomo Goren argued that in his later years the Rambam no longer felt tied to his early formulation of the Thirteen Principles. Readers should examine Limits for more details. My thoughts in this matter were in the way of a suggestion, not an absolute conclusion, that I thought worthy of bringing to the attention of readers.

In response to my point that when evaluating the significance of the Thirteen Principles for the Rambam it is noteworthy that he does not require a future convert to be taught these Principles, Grossman states that the Rambam derived his ruling, that the convert is instructed in the oneness of God and prohibition of idolatry (but not other Principles), from the talmudic recounting (Yevamot 47b) of the dialogue between Naomi and Ruth: Naomi says that Jews are prohibited to serve idolatry, and Ruth replies “Your God is my God.”

The Rambam understands this discussion as referring to the Principles of idolatry and God’s unity. Apparently, adopting these two Principles is the essence of conversion to Judaism. These might be a mere sample of other laws and ideas that we also mention—as implied by the Rambam’s concluding phrase [Hilkhot Issurei Biah 14:2], “and we elaborate (u-ma’arichin) on this.” The Rambam is codifying that which the Talmud prescribes as integral to the conversion process, thus, one cannot ask why the Rambam did not mention other Principles of faith—which is a different topic entirely.

This is a perfect example of how Grossman’s review could have been written, namely, present my points and then explain why he reads the texts differently and why my reading is forced, inconsistent with what the Rambam says elsewhere or with the Rambam’s sources, or just flat out wrong because I misread a text. In this case, I would only note that I still believe that my point about the Rambam not returning to the Thirteen Principles in his later works, even when he discusses the fundamentals of faith, is more than a little curious and leads to my original suggestion that at the time he wrote the Mishneh Torah he had adopted a more detailed list of required beliefs.

As for the matter of conversion, what about the Third Principle? For the Rambam, belief in divine corporeality is a denial of God’s existence, since a corporeal god is not God. Therefore, according to the Rambam, this is something that everyone, from childhood, needs to be instructed in.[13] Belief in divine corporeality usually turns into a form of idolatry, since one who worships a corporeal god is worshipping something other than God.[14] Thus, it is obvious that according to the Rambam instruction about God’s incorporeality would be part of the instruction about the unity of God. However, Principles 4-13 are not included in a convert’s instruction, even though in his Commentary to the Mishnah, when he lists the Thirteen Principles, the Rambam states that all the Principles are obligatory beliefs. It is these missing Principles of faith that I have wondered about, and asked why the Rambam did not require a convert to be instructed in them. Grossman’s explanation for this is that since the only theological matters the Talmud requires instructing a convert in are God’s unity and the prohibition of idolatry, the Rambam would not add to this on his own.

Grossman continues by stating that I am operating under

a misconception of the structure of the Rambam’s work. The Rambam himself states explicitly in his letters—and so it is axiomatic to Torah scholars—that he never made a statement in his Mishneh Torah which did not have a source in the Talmud. Whenever he records his personal opinion, he prefaces it with the words, yeyra’eh li—“it would appear to me.” Anything in his Mishneh Torah that seems different from the Talmud is due to the Rambam’s unique interpretation of the particular passage of Talmud. Thus, the question, “If the Rambam added to the Talmudic prescription, why did he not add the other Principles?” is not applicable. . . . The Rambam is codifying that which the Talmud prescribes as integral to the conversion process, thus, one cannot ask why the Rambam did not mention other Principles of faith—which is a different subject entirely. (pp. 41-42)

Before getting to Grossman’s major criticism, let’s clear up some inaccuracies. The Rambam does not say in his letter to R. Pinhas ha-Dayan, referred to by Grossman (Iggerot ha-Rambam, ed. Shilat, vol. 2, p. 443), that everything in the Mishneh Torah comes from the Talmud. He mentions the Talmud, but he also mentions halakhic Midrash and Tosefta. He then says that if something comes from the Geonim, he indicates so. Furthermore, and this is a very important point, the Rambam is speaking about halakhic matters, that for these there is always a prior rabbinic source.[15]

To say, as Grossman does without further clarification, that the Rambam “never made a statement in his Mishneh Torah” that has no talmudic source is simply incorrect. There are a number of statements in the Mishneh Torah dealing with science and philosophy for which there are no talmudic sources, a point that has been noted by the traditional commentaries. At the end of Hilkhot Kiddush ha-Hodesh, ch. 17, the Rambam tells us that the astronomical information he provides comes from Greek texts, as the Jewish writings on these matters were lost. Many who have studied this section of the Mishneh Torah have wondered if this is to be regarded as Torah study? R. Hayyim Kanievsky cites the Hazon Ish who is quoted as saying that despite the Greek origin of this information, once the Rambam included it in his book it became Torah.[16]

ואמרו בשם מרן החזוא זצל שאעפ שהרמבם העתיק החשבונות שבפרקים האחרונים של קהח מהגוים כמשכ בספיז ממ אחר שהרמבם כתבם נעשה תורה ממש והלומדם לומד תורה

R. Jacob Kamenetsky states[17] that most of what appears in the first four chapters of Hilkhot Yesodei ha-Torah, which the Rambam viewed as basic to Judaism, is not to be regarded as Torah but as פילוסופיא בעלמא.

ובעל כרחנו אנו צריכין לומר שמה שמסר לנו הרמבם בפרקים אלו אין זה לא מעשה מרכבה ולא מעשה בראשיתאלא כתב כל הד‘ פרקים אלה מדעתו הרחבה מתוך ידיעות בחכמות חיצוניותכלומר שלא מחכמת התורהאלא הרי זה פילוסופיא בעלמא – ונאמר שכבר השיג עליו הגרא ביוד סי‘ קע”ט סקיג שהפילוסופיא הטתו ברוב לקחה ועיישוהרמבם כתב פרקים אלו רק בתור הקדמה לספר יד החזקהועיקר הספר מתחיל מפרק ה‘: כל בית ישראל מצווין על קידוש השם וכו‘, ואין לדמות טעויות בהלכות אלו לטעיות בהלכות שבת וכדומה


R. Tzadok ha-Kohen even states that some of the historical information that the Rambam provides at the beginning of the Mishneh Torah is not based on earlier rabbinic sources, but is the Rambam’s own suppositions.[18]

וראיתי להרמב”ם בהקדמת ספר היד מנה סדר הקבלה ממרע”ה עד עזרא כ”ב דורות . . . ואם קבלה נקבל אבל כמדומני כי מסברא והשערת הלב לבד הוא שאמר זה שהרי בהקדמתו לפירוש המשניות כתב רק עד ירמי’ . . . הנה לא הי’ נודע לו עדיין סדר מבואר רק שבעת שחיבר ספר היד המציא מנפשו לכוין סדר מ’ דור מימות משרע”ה עד רב אשי והמציא סדר קבלה מנפשו וכתבו סתם כאלו קבלה היא בידו, אבל באמת יש להשיב ולטעון הרבה על דבריו

Let us now return to Grossman’s main point, which is to discount my question as to why the Rambam does not mention the Thirteen Principles when it comes to converts. He states that there is no talmudic source requiring this, and that if I understood what the Mishneh Torah is about I never would have had this question.[19]

The problem with the way Grossman writes about this is that although he wants people to see that my question shows that I am an amateur, in so doing he ends up disrespecting many great Torah scholars. When I wrote my book, I did not know of anyone else who raised this question, so it looks like it is original to me (and Grossman can therefore use it as part of his attack). However, subsequent to the book’s publication, I have found a number of others who wonder the same thing I did. While I might not understand how the Mishneh Torah works, is Grossman comfortable saying the same thing about the Torah scholars I shall now mention?

R. Hayyim Sofer writes as follows, with reference to the issue of conversion:[20]

והדבר נפלא הלא יש י”ג עיקרי הדת והי’ לו לב”ד להאריך בכל השרשים

R. Yaakov Nissan Rosenthal, author of the multi-volume commentary on the Mishneh TorahMishnat Yaakov, writes as follows in his comment on Hilkhot Issurei Biah 14:2.

צע למה כתב הרמבם עיקרי הדת שהוא ייחוד השם ואיסור עכוםולמה לא כתב כל היג עיקרים שכתבן בפירוש במשניות בפי דסנהדריןוזלשעיקרי דתנו ויסודותיה שלשה עשר יסודותוראה שם בהמשך הדבריםולמה כתב כאןעיקרי הדת שהוא ייחוד השם ואיסור עכוםוצעג

R. Rosenthal sees it as a real difficulty that the Principles are not mentioned. I am sure he would not be bothered, as I am not, by what the Rambam writes in his letter to R. Pinhas ha-Dayan, for we are not dealing here with a technical halakhic matter, but with the basis of Jewish faith, and it is not at all an ignorant question to wonder why the Rambam did not include the Principles. On the very first page of his commentary to Sefer ha-Madda, R. Rosenthal also notes the point I made, that the Thirteen Principles as a unit are never mentioned in the Mishneh Torah, something that surely cries out for explanation.

ותימא למה לא הביא הרמבם בספרו היד החזקה” את הענין הזה של יג עיקרי האמונהוצע

R. Hayyim Amsalem also feels the need to explain why the Rambam does not require instructing converts in the Thirteen Principles:[21]

ולכן לא הצריך גם הרמבם יג עיקרים כולם שאם מודיעים לו איסור עז ויחוד השם די בהודעה הזו עם מה שבא להסתפח בנחלת ה‘ ובשם ישראל יכנהואין מקום לפשפש יותר מדי בעניינים האלו כמו ענייני האמונה אשר מי יאמר זכיתי לבבי

R. Iddo Pachter writes:[22]

בהלכות איסורי ביאה ידבכשהרמבם מציב את העיקרים כראש וכעיקר הנושאים המלמדים את הגרהוא אומר: “ומודיעין אותו עיקרי הדתשהוא ייחוד השם ואיסורי עכוםומאריכין בדבר הזה.” ואילו את העיקרים אחרים של התורה והגמול אין הרמבם מזכיר כללונשאלת השאלהלמה השמיט במקום מרכזי זה של כניסה לכלל ישראל את שאר הדוגמות המהוות תנאי לכניסה

Grossman can still argue that all of these sources are misguided in even raising the issue of why converts are not instructed in the Thirteen Principles. Yet I think we should all agree that this is a matter that reasonable people can disagree about, and it should not be used an example to show the world that I am clueless about the Mishneh Torah. Grossman might not think it is a big deal, but many readers will agree with me that the fact that the Rambam would allow someone to convert without being taught all Thirteen Principles is quite noteworthy.

R. Yisrael Meir writes:[23]

הרי שבשעת גירות איצ לדעת כל היג עיקריןאבל אחכ אם יכפור הז אין לו חלק לעוהב.

Just as the convert does not know all the halakhot, and on the very first Shabbat might make mistakes, so too, according to the Rambam’s instructions about conversion, he will not know all the Principles of Faith. There are endless halakhot and it is not feasible to have a convert become an expert in every area of halakhah. Yet the Principles of Faith are not that many, and contrary to Grossman, I reject the notion that the Rambam would have needed an explicit talmudic text to require this, as he viewed it as basic to Judaism.[24]

Relevant to what we have been discussing, R. Dovid Cohen writes as follows in the seventh volume of his book of questions, Ve-Im Tomar, p. 14, no. 216.[25]


When the questions are not his own, R. Cohen is always careful to record his source. This is a very admirable trait that we should all take to heart. Here is p. 77 no. 216, where he provides the source of the question.

 

While I am honored to be mentioned, I think that R. Cohen wrote this from memory. I say this since in the book I ask why the Rambam does not mention anything about teaching a prospective convert the Thirteen Principles. I don’t ask this question about talmudic sages.[26]

Before concluding this section of my reply, I want to return to a point I made in the book (p. 7), that the Rambam’s formulation that a convert be instructed in theological matters is something the Rambam added on his own without a specific talmudic source. Grossman rejects this and notes that the Vilna Gaon and others see the Rambam’s source as Yevamot 47b, where Naomi is recorded as telling Ruth that Jews are prohibited in idolatry, and Ruth responded that “your God is my God”.

The first thing I would say is that I am not certain if in this case the Vilna Gaon sees this as the source for the Rambam, or if he is simply citing a source that can be brought in support of what the Rambam, followed by the Shulhan Arukh, write. Chaim Tchernowitz writes about the Gaon’s commentary:[27]

לפעמים הוא מוצא לדין השוע סמך או רמז בכתוב עצמודבר שלא עלה על דעת שום איש ואף לא על דעת אותו המחבר בעצמואחד מן האחרוניםשהמציא את הדין או המנהג ההוא על דעת עצמועל סמך דיוק בגמרא או באיזה ראשון שהמציא בפלפולווהגרא מראה לדין זה מקור מן התורהמן הנביאים או מן הכתובים או מתרגומים עתיקים על פי רמז דק מן הדק


Let me illustrate this question by one example. If you look at Shulhan Arukh, Orah Hayyim 1:1, R. Moses Isserles is citing the Guide of the Perplexed. The Vilna Gaon, who knew the Guide and thus knew the basis of R. Isserles’ formulation, still cites talmudic passages as the source for R. Isserles, or perhaps we should say, as the the source for the Rambam. Does this mean that the Gaon is telling us that the Rambam’s statement in the Guide is actually based on the talmudic passages the Gaon cites? 

Nevertheless, even if the Gaon is not citing Yevamot 47b as the actual source of the Rambam’s requirement for theological instruction for a convert (and I am not sure about this), there are indeed others who do cite this text, so Grossman’s point is well taken.

My response to this is that there are also authorities who do not identify Yevamot 47b as the Rambam’s source, and who instead see the Rambam’s mention of the necessity of instruction of converts in theological truths as something the Rambam added on his own, and not based on any talmudic text. Rather, they believe that the Rambam regarded the necessity of theological instruction as so basic and implicit that there does not need to be a specific talmudic text as a source. This is a dispute among the commentators, so it makes no sense to criticize me for advocating one side of this debate. Before citing some traditional authorities, let me first mention what my teacher, Professor Isadore Twersky, said about this matter. I realize that Grossman, who is not positively inclined to academic scholars, does not need to accept Twersky’s opinion any more than mine, but at least readers will see that nothing I have said is from left field, as it were.

In his Introduction to the Code of Maimonides, pp. 474-475 (and note 293), Twersky states that the notion that “every phrase and nuance of the MT is explicit in some source” is “misleading. It fails to acknowledge the interpretative-derivative aspects of the MT.

Twersky also rejects the notion that the instructions in theology given to a convert are based on a particular talmudic passage (the very point on which Grossman criticized me):

Maimonides’ description of the procedure of conversion to Judaism vividly reflects his uniform insistence upon the indispensability of knowledge of the theoretical bases and theological premises of religion. A potential convert must be carefully informed about Judaism and instructed in its ritualistic patterns and, most emphatically, its metaphysics, its dogmatic principles—Maimonides emphasizes that the latter must be presented at great length. Now the need to expatiate concerning the theological foundations, in contradistinction to the ritual commandments, is not mentioned in the Talmud. Some scholars were inclined to assume that Maimonides found these details in his text of the tractate Gerim, inasmuch as a few other variants can be traced to this source, but this seems to be a gratuitous assumption. Given the Maimonidean stance, this emphasis is a logical corollary or even a self-evident component of the underlying text, which stipulates that the convert be informed about “some commandments.” . . . As a matter of fact, the entire presentation bristles with suggestive Maimonidean novelties which should not be glossed over and obscured.[28]

It is easy to say that I have a “misconception of the structure of the Rambam’s work.” Will Grossman say the same thing about Twersky?[29]

R. Baruch Rabinovich, Heishev Nevonim, ed. R. Nosson Dovid Rabinowich, pp. 13-14 (emphasis added), explicitly rejects Yevamot 47b as the Rambam’s source, and makes the exact same point I did about the Rambam not needing an explicit talmudic source for his statement that a convert is given theological instruction.

בביאור הגרא (שםמציין כמקור לדברי הרמבם אלו ליבמות (מז: ) לדרשת רבי אלעזר מאי קראה וכו‘ שאמרה נעמי לרות אסיר לן עז” ועל זה השיבה רות ואלוקיך אלקי (רות פא פטז) – אבל אין הכרח לומר שמשם לומד הרמבם דין זה אלא שהרמבם מסברא דנפשי‘ פסק כךכמושכל ראשוןשאין גרות ואין שייכות ליהדותכל עוד אין אמונה בייחוד ה‘, והסתייגות מעזוכן דעת ההמבכל אופן מש ומאריכין עמו דבר הזה“, אין זה המקור [!] אלא מסברא דנפשי.

Grossman can reject R. Rabinovich’s statement, but he cannot say that R. Rabinovich did not understand “the structure of the Rambam’s work.”

A commentary on the Mishneh Torah that I often turn to is R. Asher Feuchtwanger’s Asher la-Melekh. He writes as follows in his comment to Hilkhot Issurei Biah 14:2 (emphasis added):

רוב דברי רבנו בפרק הזה מתחלתו עד הלכה ו‘ ועד בכללמקורן בברייתא המובאת יבמות מזאך הודעת עיקרי היהדות לא הוזכרה כללואכ מנל לרבנו לקבוע כן


R. Feuchtwanger goes on to offer an original solution. Does this mean that he too did not recognize the structure of the Mishneh Torah?

In fact, we don’t need to look at twentieth-century commentaries on the Mishneh Torah to make this point. Right on the page, the Maggid Mishneh states:

ומאריכין בדבר זהבייחוד השם ובאיסור עז שאינו מבואר שם שיאריכו עמו בזה אבל הדבר פשוט שכיון שאלו הם עיקרי הדת והאמונה צריך להודיעם בברור ולהאריך עמם בזה שהוא עיקר היהדות והגירות

On the Rambam’s words, Hilkhot Issurei Biah 14:2, that we instruct the convert in basic theology, R. Masud Hai Rakah, Ma’aseh Rakah, ad loc., writes: זה לא הוזכר בברייתא.

In R. Shlomo Tzadok’s commentary to Hilkhot Issurei Biah 14:2, he writes:

ומודיעין אותו עיקרי הדתאף שהודעה זו לא נזכרה בשסרבינו סבור שיסוד ועיקר זההוא דבר המובן מאליו שצריך להודיעו תחלה

Even after all we have seen, it is possible that Grossman is correct, and all the sources I have cited are mistaken. My only point in citing them is to show that nothing I have said in this matter should be regarded as far-fetched or ignorant, as I offered a reasonable approach to an often-discussed text.

To be continued

Notes

[1] Regarding the Seminary library (or any other Conservative institution), R. Moshe Feinstein was asked if one must return books to them, even if the books will not be used at the institution and the person who has them will learn from them. He replied that “it is forbidden for us to permit gezeilah or geneivah.” See Yad Moshe, p. 86. See, however, R. Menasheh Klein, Mishneh Halakhot 17:155, who writes:

ומיהו היכא דשאל ספר מספריה שהם רשעים ואפיקורסים ויכול עי איזה ערמה לעשות שלא להחזיר יש לעיין בדברדבסדעת זקנים מבעלי התוספות עהת פ‘ תולדות עהפ ויבז עשו את הבכורה כתבו וזלפי‘ מכבר היה מבזה אותה ועל כן לקחה יעקב ממנוונמצא בספר ר‘ יהודה החסיד מכאן אתה למד שאם יש ביד רשע סת או מצוה אחרת דמותר לצדיק לרמותו וליטלו ממנו עכולפז היכא דישנם ספרים ביד רשעים ואפיקורסים מותר לרמאותםולפז כש שאם לוה ולא החזיר בזמנו ויכול לרמותו דלא מיבעיא דלא נפסל לעדות אלא מותר לעשות כן לכתחילהולדינא צע

 

[2] In the days before hebrewbooks.org and Otzar ha-Hokhmah, I often visited the JTS library. It was common to see Orthodox Jews with impeccable standards of kashrut, who would not eat food served in a Conservative synagogue, eating in the Seminary cafeteria.
[3] From Washington Avenue to Washington Street (Jerusalem, 2011), pp. 67-68. I personally was in the Seminary rare book room together with the late R. Ephraim Fishel Hershkowitz.
[4]  Regarding Lieberman and Chabad, see here p. 38, where we see that in 1982 Lieberman sent a check for $1000 to Chabad’s Merkos Leinyanei Chinuch. On p. 39, a section of his will  is published which shows that he left $10,000 for this same charity. This was called to my attention by Nochum Shmaryohu Zajac.

Zlotnick’s loyalty to his rebbe, Lieberman, was legendary. Unfortunately, this led to a slightly unpleasant experience for me, which I think is worth recording for it shows how sensitive Zlotnick was to the memory of Lieberman. Here is page 23 of Saul Lieberman and the Orthodox; look at note 83.

Not long after the publication of Saul Lieberman and the Orthodox, I was at a wedding and someone came over to me to say that Professor Zlotnick would like to speak to me. I had never before met him and someone had obviously told him that I was there. Upon meeting Zlotnick, and with a few others surrounding us, he very firmly told me that it was a big mistake to include the quotation from Wenger in the book, as it mentions that “many faculty members” have questioned if Lieberman wrote a responsum against women’s ordination. I could not understand what he was talking about. I replied that I cited this passage so as to show that it was mistaken. He did not accept my reply, and insisted that to cite such falsehood, even if to show that it is mistaken, was to give it a legitimacy that it did not deserve. He felt that obviously false statements should simply not be dignified with a refutation. Only after he got this point off his chest, which had obviously been bothering him, were we able to have a nice conversation. For months after the conversation, I occasionally wondered if perhaps Zlotnick was correct.
[5]  In Mesorat Moshe, vol. 3, p. 389, R. Moshe Feinstein is recorded as stating that there is no problem using Lieberman’s edition of the Tosefta. R. Moshe adds that since he is religious: אינו חשוד שיזייף את התוספתא.
[6] Document provided courtesy of the Saul Lieberman Archives (ARC 76/8) of the Jewish Theological Seminary Library.
[7] When R. Hayyim Capusi (died 1631) was accused of speaking improperly about the gedolim, he responded as follows (Mikabtze’el 37 [5771] p. 581):

ומה שהוציא דבה עלי שדברתי נגד הגדוליםחלילה לי מרשעוחס ליה לזרעיה דאבא לבוא בגבורות נגד רבותינו זל


[8] Nachum commented to the last post that “‘slander’ is spoken and ‘libel’ is printed (or news, etc.).” While that is the technical definition, all you have to do is google “slanderous article” and you will see that “slander” is also generally used for printed material. Incidentally, when it comes to the word דִבׇּה, which means “slander” in biblical Hebrew, it has a very different meaning in medieval texts. “As Jacob Klatzkin [in his Thesaurus] notes, dibbah in medieval Hebrew does not mean ‘slander,’ but rather a false claim, nonsense, or absurdity.” Y. Tzvi Langermann, Rabbi Yosef Qafih’s Modern Medieval Translation of the Guide,” in Josef Stern, et al., eds., Maimonides’ Guide of the Perplexed in Translation(Chicago, 2019), p. 268.

In the last post I discussed the use of the word “strange” in describing earlier opinions. On p. 270, Langermann mentions how in translating a particular word from the Arabic, which the Rambam used with reference to certain aggadic opinions, while Pines uses “incongruous” and Ibn Tibbon uses “megunneh”, R. Kafih uses “muzar”. Here is the section from Guide2:30 in R. Kafih’s translation:

אבל מה שתמצא לשונות מקצת החכמים בקביעת זמן מצוי קודם בריאת העולם הוא תמוה מאדכי זוהי השקפת ארסטו אשר בארתי לך שהוא סבור כי אין לתאר לזמן התחלהוזה מוזר . . . אמר רבי יהודה בר סימון מכאן שהיה סדר זמנים קודם לכןאמר ר‘ אבהו מכאן שהיה הקבה בורא עולמות ומחריבןוזה יותר מוזר מן הראשון

R. Kafih himself uses this word in describing views of his predecessors. See his commentary to Hilkhot Shabbat 16:17, note 29, where after mentioning how virtually all prior commentaries understand a passage in the Rambam, he writes:

וזה מוזר ומופלא ביותר

Abarbanel often uses the words זר and even זר מאד when discussing earlier interpretations. He also speaks this way when referring to talmudic and midrashic passages. See e.g., Yeshuot Meshiho, vol. 2, ch. 5 (p. 108 in Oran Golan’s 2018 edition):

ואמנם מה שאמר רבי חנינא . . .  הוא מאמר זר מאד

See also his commentary to Joshua 24:25:

ובדברי חז”ל (מכות פ”ב דף י”א ע”א) בספר תורת הא-להים, ר’ יהודה ור’ נחמיה, חד אמר אלו שמונה פסוקים שבתורה, וחד אמר אלו ערי מקלט, ושניהם דעות זרות מאד

I could cite many more such examples. See also Eric Lawee, Isaac Abarbanel’s Stance Toward Tradition (Albany, 2001), p. 95.
[9] Bikkurim 1 (1864), p. 16.
[10] Introduction to his translation of Leopold Zunz, Toldot Rashi (Lemberg, 1840), p. 12 (unnumbered; the first word on the page is שרשי). In the Jewish Encylopedia entry on Bloch, it says as follows about this work:

Besides the above-mentioned works, Bloch also translated into Hebrew Zunz’s biography of Rashi, to which he wrote an introduction and many notes (Lemberg, 1840). This work bears unmistakable traces of decadence, both in style and virility.

I have no idea what this last sentence is supposed to mean.
[11] Grossman writes that the terms “are taken from an explicit passage of the Talmud in Rosh ha-Shanah 17a which lists these three classes of heretics as those who lose their portion in the World to Come”. Here is the talmudic passage:

אבל המינין והמסורות והאפיקורסים שכפרו בתורה ושכפרו בתחיית המתים . . . יורדין לגיהנם ונידונין בה לדורי דורות

Contrary to Grossman, from the language of the Talmud in the standard Vilna edition it would seem that what we have here are not three categories of theological heretics, but two: מינין and אפיקורסים. The Talmud defines אפיקורסים as those who deny the Torah and the Resurrection. See R. Abraham Abba Hertzl, Siftei Hakhamim, ad loc.

מדנקט השס שכפרו“, ולא נקט ושכפרו” בתורהכמו שנקט באחרינא משמע קצת דבחד מנה להווהאפיקורסים שכפרו בתורה


The Rambam, Hilkhot Teshuvah 3:6, sees אפיקורסים as separate from the two types of kofrim, rather than seeing kofrim as explaining what an epikorus is. Presumably, the Rambam’s version of the Talmud read like the Munich manuscript: והאפיקורסין ושכפרו. In other words, this version explicitly distinguishes between the epikorsim and the kofrim, creating separate categories. This distinction is noted in the Soncino translation of the Talmud. R. Raphael Rabbinovics, Dikdukei Soferim, ad loc., notes that the Munich version is found in Ein Yaakov and all rishonim, and is the correct text. (I wonder if indeed all rishonim have ושכפרו)

The Koren edition, while keeping the standard text of the Talmud – והאפיקורסים שכפרו בתורה – provides this incorrect translation: “But the heretics; and the informers; and the apostates [apikorsim]; and those who denied the Torah; and those who denied the resurrection of the dead.” If Koren is translating in accordance with the Munich manuscript, then this should have been noted, as והאפיקורסים שכפרו בתורה cannot be translated as: “and the apostates; and those who denied the Torah,” as if we are dealing with two separate categories. I also do not like the translation of epikorus as “apostate,” as today, most people understand “apostate” to mean an actual meshumad, but this is not what we are dealing with.

ArtScroll also translates incorrectly: “But the sectarians, the informers, the Apikorsim, those who denied the divinity of the Torah, those who denied the resurrection of the dead.”

Steinsaltz translates the passage properly:

והאפיקורסים המזלזלים בתורה ובחכמיה שכפרו בתורה

[12] Yesod Mishneh Torah, Sefer Madda, p. 242.
[13]  See Guide 1:35.
[14]  See Iggerot ha-Rambam, ed. Shilat, vol 2, p. 578:

ושם אלהים אחרים לא תזכירו וכו‘, כי אשר לו קומה הוא אלהים אחרים בלא ספק

[15] Despite the Rambam’s statement in this letter, we know that even with regard to halakhic matters, the Rambam’s originality far exceeds the numerous instances where he mentions that he is offering his own opinion. See my Studies in Maimonides and His Interpreters (Scranton, 2008), pp. 79ff.
[16] R. Kanievsky, Shekel ha-Kodesh, introduction.

[17] Emet le-Ya’akov al ha-Torah, p. 16. The following appears in a note, ibid., and is designed to soften what R. Kamenetsky wrote:

בשיחה פרטית הסביר רבינו כוונתו שעל פי ידיעותיו בפילוסופיא למד כן בחזל”.

Yet this explanation is entirely at odds with what R. Kamenetsky wrote in Emet le-Ya’akov, that what appears in the first four chapters of Hilkhot Yesodei ha-Torah is not based on Torah sources.
[18] Published in Sinai 11 (Nisan-Elul 5707), pp. 11-12 (called to my attention by R. Chaim Rapoport). In Sefer ha-Zikhronot (Har Bracha, 2003), p. 288, R. Tzadok writes:

ולא היה ראוי לו לקבוע ידיעת עניינים כאלה בהלכות יסודי התורה שלו כללדברים שאינם צריכים למאמיני התורה לידיעתםוכל שכן שהרבה מדבריו אינם אמת כפי דעת חכמיהם היוםוהכללמה לדברי חכמי אומות העולם עם דברי התורה שמן השמיםלעשות דבריהם יסודות לתורהוכל מה שאסף שם הם מדברי חכמי אומות העולם


[19] Even though the Rambam does not mention instructing future converts in the Thirteen Principles, this is what is done nowadays. Yet what happens if someone converted while holding a belief that violates one of the Principles? Is the conversion valid? This interesting question is discussed by R. Eliezer Ben Porat, who claims that when it comes to most of the Principles—the ones not dealing with God’s essence—even the Rambam would regard the conversion as valid ex post facto. See “Ger she-Ta’ah be-Ehad me-Ikarei ha-Emunah,” Kol ha-Torah 67 (Nisan 5769), pp. 313-316.
[20] Mahaneh Hayyim, Yoreh Deah 2, no. 25 (p. 139).
[21]  “Inyanei Gerut,” Or Torah, Adar 5770, p. 540.
[22] “’Ein Lo Helek’: Matarat ha-Rambam bi-Keviat Yud Gimmel Ikarei ha-Emunah,” Masorah le-Yosef 8 (2014), p. 490.
[23] Torat ha-Emek 12 (5764), p. 42. See also Pachter, “Ein Lo Helek,” p. 497:

מטקס קבלת הגר המפורט בהלכות איסורי ביאה, שהבאנו לעיל, שמוכח ממנו שאין צורך בקבלת כל י”ג העיקרים כדי להכנס לכלל ישראל

[24]  Ex post facto, if the future convert was not instructed even in the basic principles required by the Rambam, it seems that the conversion would still be valid. See R. Moshe Feinstein, Iggerot Moshe, Yoreh Deah 3, no. 106:

וגם מצינו עוד יותר שאף שלא ידע הגר שום מצווה הוא גרדהא מפורש בשבת דף סח עב גר שנתגייר בין הנכרים חייב חטאת אחת על כל מלאכות של כל השבתות ועל הדם אחת ועל החלב אחת ועל עבודה זרה אחתהרי נמצא שלא הודיעוהו שום מצווה אף לא עיקרי האמונה ומכל מקום הוא גר

[25]  R. Moshe Maimon called my attention to this.
[26] R. Cohen has also published Ha-Emunah ha-Ne’emanah (Brooklyn, 2012). It is obvious that at times in this book he is responding to what I wrote in Limits (and he also deals with many of the sources I cite). While I am not mentioned by name, I am apparently included among the משמאילים referred to on p. 5 (see Limits, pp. 7-8)
[27] Toldot ha-Poskim, vol. 3, p. 212 (emphasis added).
[28] R. Mayer Twersky, in his discussion of the Hilkhot Issurei Biah 14:2, states that the Rambam’s source is Yevamot 47b, and adds: אם כי הרמבם הרחיב את הדברים. See “Im Benei Noah Nitztavu be-Mitzvat Emunah o Lo,” Beit Yitzhak 37 (5765), p. 529. In the continuation of the article, R. Twersky makes the argument, which he acknowledges that at first glance is מאד מחודש, that for the Rambam non-Jews are also obligated to believe in the Thirteen Principles. In Limits, p. 22, I cited R. Zvi Hirsch Broide as saying the same thing.
[29] Regarding the Rambam’s instructions for a convert, see most recently Menachem Kellner, “The Convert as the Most Jewish of Jews? On the Centrality of Belief (the Opposite of Heresy) in Maimonidean Judaism,” in Jewish Thought 1 (2019), pp. 37ff.




The Maharsha’s Map of Yerushalayim – A Taus Sofer? Berakhot 61b

The Maharsha’s Map of Yerushalayim – A Taus Sofer?

“ברכות סא: “הנפנה ביהודה

רש”י – ירושלים בארץ יהודה היא בצפונה של ארץ יהודה בגבול שבין יהודה לבנימין

By Eli Genauer

תנו רבנן, הנפנה ביהודה לא יפנה מזרח ומערב אלא צפון ודרום, ובגליל לא יפנה אלא מזרח ומערב. ורבי יוסי מתיר, שהיה רבי יוסי אומר לא אסרו אלא ברואה ובמקום שאין שם גדר ובזמן שהשכינה שורה. וחכמים אוסרים

Explanation of Rabbi Steinsaltz per Sefaria, the William Davidson edition of the Talmud

In this context, the Sages taught: One who defecates in Judea should not defecate when facing east and west, for then he is facing Jerusalem; rather he should do so facing north and south. But in the Galilee which is north of Jerusalem, one should only defecate facing east and west. Rabbi Yossi permits doing so, as Rabbi Yossi was wont to say: They only prohibited doing so when one can see the Temple, where there is no fence, and when the Divine Presence is resting there. And the Rabbis prohibit doing so.

רש״י-“הנפנה ביהודה

הנפנה ביהודה לא יפנה מזרח ומערב אחוריו למזרח ופניו למערב ולא אחוריו למערב ופניו למזרח מפני שירושלים בארץ יהודה היא בצפונה של ארץ יהודה בגבול שבין יהודה לבנימין ויש מארץ יהודה הימנה [למזרח] עד סוף ארץ ישראל והימנה למערב עד סוף ארץ ישראל שארץ יהודה על פני כל אורך ארץ ישראל היא מן המזרח למערב כרצועה ארוכה וקצרה ואם יפנה מזרח ומערב יהיה פרועו לצד ירושלים או פרועו שלפניו או פרועו שלאחריו אבל צפון ודרום יפנה ובלבד שלא יפנה כנגד ירושלים ממש בדרומה של ארץ יהודה

Focusing in on the description of where Yerushalayim is located, it says “Because Yerushalayim is in Eretz Yehuda in the north of Eretz Yehuda, on the border between Yehuda and Binyamin, and there is a part of Yehudah which extends to the east until the edge of Eretz Yisroel, and extends westward until the edge of Eretz Yisroel, because Eretz Yehuda extends the entire length of Eretz Yisroel from east to west as a long and short strap.”

Maharsha – “הציור כזה” – Maharsha draws a map to illustrate the words of Rashi

Vilna Shas – courtesy of hebrewbooks.org

The first thing to consider is does the Maharsha mean that there was a ציור in Rashi?

It does not say “כזה” in Rashi

There was no space left open for a picture in the Bomberg edition of 1520 or the Soncino edition of 1484. This indicates there was no picture on the manuscript that served as the basis for the printed edition. Often חכמת שלמה (Prague 1582) will add a picture or diagram if it was missing from the Bomberg Shas. Here there is no indication of a missing picture in חכמת שלמה.

This manuscript of Rashi on Berachos also does not contain a diagram

The British Library, London, England Or. 5975

Conclusion: Maharsha is drawing a diagram of what he understands Rashi to be saying

We do not have the Ksav Yad of the Maharsha on Berachot so our best knowledge of what he actually drew comes from the Defus Rishon. How was the map represented in that edition?

There were multiple first editions of Chidushei Halachot of Maharsha. The first few Masechtos were printed anonymously. The main one was printed in 1612. Berachos was printed in Lublin in 1621

First edition of Berachos 1621- The picture is the same as the Vilna Shas

courtesy of hebrewbooks.org

Is the map correct? Does it represent the words of Rashi?

Yerushalayim is represented as being half in Yehuda and half in an area described as Binyamin and Galil. One may argue that the map was not drawn to an exact scale but it seems clear that part of Yerushalayim extends into Binyamin:

The words of Rashi say “Yerushalyim is in Eretz Yehuda in the north of Eretz Yehuda, on the border between Yehuda and Binyamin”. (שירושלים בארץ יהודה היא בצפונה של ארץ יהודה בגבול שבין יהודה לבנימין ) This seems to mean that Yerushalyim is contained within Yehuda and does not extend into Binyamin/Galil.

Ginzei Yosef (Bilgoraj 1932 by יוסף אלטר בן מרדכי אפשטיין) calls the map in the Vilna Shas a Taus Sofer and corrects the map to show Yerushalayim completely contained in Yehuda.

courtesy of hebrewbooks.org

There is some space on the east and west sides of Yerushalayim, meaning that Yerushalayim is between the eastern and western borders but does not extend to either border. (see the extra line drawn in on the west side of Yerushalayim). This is in line with the words of Rashi ויש מארץ יהודה הימנה [למזרח] עד סוף ארץ ישראל והימנה למערב עד סוף ארץ ישראל

This is also the opinion of Rav Tziyon Kohen Yehonatan (Djerba 1872-1931) in his Sefer Sha’arei Tziyon ( Dejerba 1932) courtesy of hebrewbooks.org

ולענד״ן שטאות סופר נפל בציור וצריך לצייר בענין שתהיה ירושלים כולה נכנסת בגבול של יהודה ולא כמו שכתוב בספרים שהציור הוא שמקצתה בגבול יהודה ומקצתה בגבול של בנימין דאם כן גם מזרח ומערב בארץ בנימין אסור לפנות כשיהיה כנגד ירושלים ודו״ק

He adds that if Yerushalayim in fact extended any distance into Binyamin, it would require those in Binyamin to also be aware of whether they were facing Yerushalyim or not.

The Sefer D”vash Tamar (Warsaw 1897) by Rabbi Dovid Teitelbaum of Mezeritch draws the map in a similar manner. In this map you can clearly see space between Yerushalayim and the western and eastern borders of Yehuda:

How is the map represented in the newer editions of the Talmud?

Oz Vehadar (Mahaduras Friedman, 2006, Page 42 Maharsha section, Hagahaos V’He’aros) copies the map of Ginzei Yosef but does not have a line on the western side of Yerushalayim. It seems to indicate that Yerushalayim extends to the western border of Yehuda which is incorrect.

Vilna HaChadash (2006 page 36 in the Maharsha section) redraws the map of the Vilna Shas but still has Yerushalayim extending into Binyamin:

Vagshal (Mahaduras Neherdea, 2008 page 27, Maharsha section) is similar to Vilna HaChadash:

Conclusion: Once something is “uploaded” into the print medium, it has a tendency to remain as it was first printed. In this case, the effects of what many have termed a Taus Sofer have remained for 400 years.