1

Rav Kook: Mystic in a Time of Revolution

Yehudah Mirsky, Rav Kook: Mystic in a Time of Revolution (New Haven: Yale University Press, 2014)

This volume offers a brief, accessible presentation of the life, teachings, and legacy of Rabbi Avraham Yitzhak Kook, a colossal figure little known in the English-speaking world. It also tries to fill the crying scholarly need for a one-volume study in English to go alongside the vast and growing body of literature on him in Hebrew. It is addressed to readers new to the man, the period, and his teachings, as well as to those already familiar with them. This attempt to create a fellowship of readers from disparate communities is more than fitting for a book about a man who tried to do the same on a vastly more consequential scale. The Seforim Blog is happy to present the following excerpt. It is taken from chapter three, which surveys Rav Kook’s spiritual diaries, and in particular the volumes known as Shemonah Kevatzim, from which his son, Rav Zvi Yehudah Kook, his disciple Rav David Cohen Ha-Nazir, and others, culled and edited his canonical theological works.

The third notebook in this series begins with an arresting analysis of contemporary Jewish life. Three forces, he writes, wrestle within all people: “The holy, the nation, humanity.” Modernity has whirled these three central dimensions of Jewish identity away from one another, each becoming the property of a party–nationalism, liberalism, and Orthodoxy, respectively–and they stubbornly refuse to be rejoined, because each fixates on the negative dimensions of the others. Yet all three dimensions are necessary, and each should appreciate seemingly bad sides of the others, as well as their good sides. Ideally, liberals will grasp that the narrowness of nationalism comes from real love of one’s community, and the zealousness of the Orthodox is rooted in a flaming desire for God. Liberals and the Orthodox will see that nationalists’ placing solidarity above broader aspirations for universal ethics or transcendence arises from powerful, loving attachments to people and fellow feeling. Nationalists and the Orthodox in turn will see that liberals’ preference for humanity over nationalism or religion is rooted in an ultimately divine perspective. The sacred, then, is the energy that synthesizes all three elements–religious commitment, national identity, and ethical universalism–and a relationship to the All that lies beyond, before, and within them.
            For Rav Kook, Orthodoxy has the inside track to holiness, yet liberalism and nationalism are its ontological equals on that journey. And he urged people to live a complex gesture, to be actively tolerant while taking a genuine stand on behalf of the ideals in which they truly believe, fighting for them in the here and now. His political credo was something along these lines: I should always recognize not only that All the while, they should recognize not only that my opponent is human, but also that he has a piece of the truth that is unavailable to me. Secure in the rightness of my calling and in the inevitable partiality of my vision, I proceed with faith in the struggle itself and its ultimate, harmonious resolution. These ideas were not the fruit of theory, but were the harvest of his very real struggles with others and with himself.
            Different lifeworlds course through Rav Kook’s journals: fidelity, rebellion, scholasticism, folk piety, romantic nationalism, ethical universalism, mystical experience, halakhic discipline, surging antinomianism, the exertions of intellect, and the passionate religion of the heart. These he saw as his own
defining contradictions and those of his people, of all people and times, manifestations of the immanent divine light hidden in all the varied, jagged dimensions of existence, struggling to join with the light of transcendence and be revealed: All the thoughts and ideas, the great desires, the awesome trials, that every tzaddik endures in his private self, the nation as a whole endures as well, and more broadly man in general, and more broadly the world, and all the worlds.. . to the extent that he stands fast…becomes equal to the spirit of all worlds, and from his interiority takes in all, and the light comes to him from his darknesses so that he can truly survey the world from one end to the other, each one at his level, then he will see the greatness of God in strength and joy, and the path of the tzaddikim is like radiant light, ever brightening to the day [Proverbs 4:18].
The all-encompassing vision with which he tried to find the light in everything and, in so doing, to square a seemingly endless number of circles regularly left him on a knife-edge between despair and exhilaration, quickened by introspection into his own inadequacies. His critique and rewriting of traditional religious categories, especially repentance, extended to this inner work as well.
One who grieves constantly for his sins and the sins of the world must constantly forgive and absolve himself and the whole world; and in so doing draw forgiveness and a light of loving-kindness onto all of being, and bring joy to God and to His creatures. He must first forgive himself, and afterward cast a broad forgiveness over all, the nearest to him first, on the branches of the roots of the soul, and on his family, his loved ones, his generation, and his world, and all worlds . . . And thus is revealed all the good that is hidden away in everything, and he attains the blessing of Abraham, since there is no generation in which his likeness does not emerge.
            His grief for his sins, as part of a world of sins, offers a paradoxical point of entry into the only thing that can offer relief–forgiveness. Not an abstract forgiveness, but acceptance of oneself, one’s family and friends, world, time, and all times. He is, in this passage, undergoing a theurgic process, of human influence on the divine, and by mimesis in reverse, a human simulacrum of God’s forgiveness, a great exhalation of forgiveness down below that brings about forgiveness from above–because it is itself the revelation of God’s forgiveness, the grace of seeing God’s light in all things. Sinfulness, then, is that which blocks the soul’s natural ascent. Sin is an opacity thrust into a shaft of light.



Rabbi Jacob Ettlinger and Warder Cresson

Rabbi Jacob Ettlinger and Warder Cresson
by Yirmiya Milevsky
Rabbi Jacob Ettlinger (1798 –1871) was a German rabbi and author, and one of the great leaders of Orthodox Judaism. He was born at Karlsruhe and died in Altona. He studied under Rabbi Abraham Bing in Würzburg, where he also attended the university. Because of his well-known greatness as a Torah scholar, questions were sent to him from across the globe. The following question relates to a story that occurred in Jerusalem.
    According to Jewish Law, there is a list of activities that are prohibited on the Jewish Sabbath. Although resting on the Sabbath is one of the most important commandments for a Jew, the Talmud tells us that a Gentile is actually forbidden from resting on the Sabbath, and must perform one of the “prohibited” actions to be considered a righteous gentile. The following is the question presented to Rabbi Ettlinger with regard to this issue. (Responsa Binyan Tzion 91)
שו”ת בנין ציון סימן צא
ב”ה אלטאנא, יום ו’ כ”ו אייר תר”ט לפ”ק. להרה”ג וכו’ מ”ה אשר לעמיל נ”י הגאב”ד דק”ק גאלין וכעת משכן כבודו בירושלם עיה”ק תוב”ב.
כתב מעכ”ת נ”י וז”ל – ילמדנו רבינו בעובדא דאתא לידן פעה”ק ירושלם ת”ו יום ג’ כ”ג לירח אדר שני שנת תר”ח העבר לפ”ק נימול א”י אחד שבא הנה ממדינת מאראקא לשם גירות בפנינו בד”צ דקהל אשכנזים הי”ו וקיבל עליו המצות כדין וכדתה”ק ובש”ק שלאחריו עדן /עדין/ לא היה נתרפא ממילתו ולא טבל עודנה הגידו לי לאמר מזריזתו במצות איך הוא נזהר בשביתת שבת הגם שהוא עודנה /עודנו/ בכלל חולה שאב”ס =שאין בו סכנה= אינו מניח לגוי להבעיר אש בביתו והשבתי להם לדעתי לא מבעי’ שמותר לו לעשות מלאכה בשבת אלא אפילו מחויב ומוזהר על יום ולילה לא ישבותו וחייב לעשות מלאכה בשבת כ”ז שלא טבל לשם גירות וכה עשו השומעים למשמעתי והלכו אצל הגר והגידו לו בשמי כן בש”ק לאחר תפלת המנחה וכן עשה כי כתב איזה אותיות ויהי ביום המחרת כאשר נשמע הדבר בעה”ק ת”ו פה צווחו עלי חכמי ספרד וחכמי אשכנזים הי”ו על דבר חדש הלזו אשר לא נשמע מעולם אחרי שכבר קבל עליו כל המצות בשעת מילה וכבר נימול ועומד ומצפה בכל יום לטבול לכשיתרפא שיהי’ מותר לו לחלל וכש”כ שיהי’ עליו חיובא ומצוה לחלל ש”ק והמה זוכרים כמה גרים שנימולו פעה”ק ת”ו ולא נשמע כזאת ומנין לי לחדש דבר אשר לא שערום הראשונים והשבתי להם אולי מקום הניחו לי להתגדר בו
    “Here in Jerusalem on Tuesday the twenty third day of the month of Adar Sheni of the year (5)608, a non Jew came from Morocco and was circumcised for the sake of conversion, and accepted all the mitzvoth. On the following Shabbat, he had not fully recovered from the circumcision and thus not entered the Mikvah (ritual bath to finalize the conversion). A rabbi was informed that the convert is very careful in his observance of the Sabbath. However another rabbi claimed that due to the fact that he did not yet enter the Mikvah he must not observe the Sabbath and must perform one of the prohibited acts. It was late in the day and the convert was told what he must do. Consequently he violated the Sabbath by writing a few letters. After the Sabbath when the Rabbis in town heard of the ruling they disagreed claiming that after circumcision he is considered a Jew and must not violate the Sabbath.”
    While reading about this out of the ordinary situation, that produce a vast amount of Halachic literature,[1]  a question may arise in our minds: What brought this Moroccan to Jerusalem and what prevented him from converting in his homeland where a very significant Jewish population and rabbinic court was present?
**********************
Some time ago I came across an article by Frank Fox, entitled  “Quaker, Shaker, Rabbi: Warder Cresson, the Story of a Philadelphia Mystic.” Pennsylvania Magazine of History and Biography 95, no. 2 (April 1971): 147-194  Philadelphia.(Unless otherwise indicated all information and quotes are from the article.)
The narrative follows the unorthodox journey of Cresson. Born  in 1798 and grew up following the habits of the Quaker elders.
    Warder displayed a mind immersed in Scriptures. In 1829, Cresson wrote a condemnation on the “Babylon” of Pennsylvania, attacking wealth and social distinction. “It will certainly be admitted,” he began, “that all the misery and troubles that afflict the human family arise aspiring from …selfishness.” The lack of true religion, he wrote, a faith that ought to be expressed through self-denial and universal love, had brought about tyrannies and caused slavery and bloodshed.
    Cresson became familiar with a Jewish leader in Philadelphia, Rabbi Isaac Leeser, a pioneer of the Jewish pulpit in the United States. Leeser, the minister of Congregation Mikveh Israel since 1829, was using his pulpit to educate and to revive the deteriorating communal and religious organizations.
    Another contemporary, whose views affected Cresson, was Mordecai M. Noah, who addressed Christian and Jewish audiences in New York and Philadelphia in the early 1840s and urged a return to Zion as the only solution to the Jewish problem of persecution. In 1825, he attempted to establish “Ararat”, a city of refuge for the Jewish people on Grand Island in the Niagara River.
    In 1844, Cresson decided to go to Washington and to apply for the position of the first American Consul to Jerusalem. by May 17, was officially notified of his appointment. His appointment was rescinded within a short time. Nevertheless Cresson made his way to Jerusalem.
    After his arrival Cresson wrote critically of the high salaries paid to the missionaries who lived “in the very best houses, bought most splendid Arabian horses and dressed in the most luxurious and stylish manner.” As for their practical work, he wrote that, “To further their imposing and enterprising object they built a church which has cost them more than $150,000; then a hospital and Dispensary, sent physicians from England, set up an institution of Industry and also a college and schools, all to entrap and instruct the poor, dirty, oily, greasy, starving Jews and to tempt and provide them with good livings, fine English clothing, upon the only one condition that they will give their names and use all their influence to support and promote the interest of their Society for introducing and establishing Sawdust instead of Good Old Cheese, amongst the poor Jews in Jerusalem and Palestine.” According to Cresson, the missionaries failed to get a single Jew to apostatize.
   
    In 1847, Cresson began writing, “The Key of David the True Messiah”, in which he began his journey towards Judaism.    Finally, after denying the divinity of Jesus, Cresson was ready for the final step of his spiritual journey. He writes, “I remained in Jerusalem in my former faith until the 28th day of March, 1848,” he wrote, “when I became fully satisfied that I could never obtain Strength and Rest, but by doing as Ruth did, and saying to her Mother-in-Law, or Naomi ‘Entreat me not to leave thee for whither thou goest I will go’… In short, upon the 28th day of March, 1848, I was circumcised, entered the Holy Covenant and became a Jew.”
Cresson- or Michoel Boaz Yisroel ben Avraham- returned to the United States for a few years. Upon his return to Jerusalem in 1852 he married a Sephardic woman named Rachel Moledano. Cresson died in 1865 and was buried on Mount Olives.
Many aspects of his life are quite intriguing and fascinating. However one detail provides the answer for the mystery regarding the “Moroccan” convert in Rabbi Jacob Ettlinger’s response. Cresson identifies the date of his conversion, The 28th of March 1848 – the day Warder Cresson became Michael Boaz Yisrael – corresponds to the 23rd of Adar Sheini in the Jewish year (5)608. In other words, the conversions occurred on the same day! The response indicates that conversions in Jerusalem were pretty unusual,(והמה זוכרים כמה גרים שנימולו פעה”ק ת”ו- And they recall conversions from the past…) making it difficult to believe that there were two conversions on that specific day.  
Consequently, I believe that the non Jew in Rabbi Jacob Ettlinger’s response did not come from Morocco but rather from America. In Hebrew, the spelling of America can be easily mistaken for Morocco (“מאראקא”). Cresson indeed came to Jerusalem “for the sake of conversion”.
************************************
[1]  The question is addressed by several Halachak authorities; See
Divrei Yosef Rabbi Yosef Schwartz 24(First hand knowledge of the incident) : Rabbi Abraham Bornstein; Avnei Nezer, Yoreh Deah 351: Rabbi Yeshua Shimon Chaim Ovadyah; Yismach Levav, Yoreh Deah 33: Aryeh Leib Frumkin in his Toldot Chachmei Yerushalayim mentioned as well the Halachik dispute regarding the Ger from “Morocco.”
http://hebrewbooks.org/pdfpager.aspx?req=36973&st=&pgnum=640



A Third Way: Iyyun Tunisai as a Traditional Critical Method of Talmud Study

A Third Way: Iyyun Tunisai as a Traditional Critical Method of Talmud Study[1]
by Joseph Ringel 

The following is an excerpt from an article with the above title by Joseph Ringel. The full article, including the footnotes detailing the source materials, and the appendix, have been published in the Fall 2013 issue of Tradition (46:3), and is available for purchase at http://www.traditiononline.org/.

          In recent years, scholars have taken a renewed interest in elucidating the specific methods used to study Jewish texts in yeshivas, both past and present. For example,   Daniel Boyarin elucidated the classical late medieval/early modern Sephardic approach to Talmud study, and Norman Solomon published his dissertation on the development of the Analytic/Conceptual/“Brisker” approach to Talmud study in Lithuania in book form. These works are historical monographs, the purpose of which is to relate to the development of specific methods at specific times in history, not to connect those methods to the approaches utilized in present-day yeshivas. More recently, Mordechai Breuer wrote a magnificent work detailing the curricula and educational methods used in yeshivas throughout the ages until the present. Yet, despite Breuer’s painstaking research, he misses some of the more recent incarnations of older methodologies that he himself mentions. In 2006, Yeshiva University published the proceedings of the 1999 Orthodox Forum, which dealt with issues surrounding contemporary lomdut, in a volume entitled Lomdut: The Conceptual Approach to Jewish Learning. As can be seen from the title, the volume conflates contemporary lomdut (a term that is hard to define with precision but which will be used to describe any form of in-depth study of a text) with the Conceptual/Analytic /Brisker Approach and does not deal extensively with other specific forms of lomdut. In some cases, alternatives to the Brisker approach are presented as either halakha-oriented methods uninterested in more theoretical discussions or as academic approaches that are hostile to Jewish tradition.
     This article will present the basics of one alternative method of lomdut, which is dubbed by its main contemporary champion, R. Meir Mazuz, as “Iyyun Tunisai,” or “Tunisian Analysis.” The first section of the article will present the basics of Iyyun Tunisai and its origins in Jewish tradition, thereby showing that not only is it a viable alternative to the Brisker approach but it is a fully traditional method with roots in classic rabbinic sources. The second section presents R. Mazuz’s critiques of alternative methods of study, in which he claims that the critical approach utilized by the Tunisian method allows the analyst to reach the correct understanding of the text at hand and to appreciate why each element of the text is an integral part of that text. Thus, unlike academic methodologies, which often undermine the sugya (the Talmudic discussion), Iyyun Tunisai uses a critical approach in order to explain and link the different terms of the sugya, thereby strengthening the integrity of the sugya. The third section concludes with an analysis of the place of Iyyun Tunisai in the yeshiva world and its prospects for the future.
I. Jerba in Bnei Brak: Yeshivat Kisse Rahamim and the Renewal of Sephardic Iyyun
     As noted above, one of the main competitors for intellectual dominance in the yeshiva world is Iyyun Tunisai, a Sephardic method of study whose roots go back hundreds of years. Rabbi Meir Mazuz of Yeshivat Kisse Rahamim in Bnei Brak is the one responsible for the revival of this method. In order to gain a full appreciation for the context in which this method is being revived, it is necessary to give a brief overview of Yeshivat Kisse Rahamim. The yeshiva was founded by R. Meir Mazuz’s father, Rabbi and Tunisian Supreme Court Justice Matsliah Mazuz in Tunisia in 1962/63, and then re-established by his sons (Rabbis Meir and Tsemah Mazuz) in Israel in 1971, after having fled their native Jerba (an island off the Tunisian coast whose Jewish community was renowned for its scholarship) following the murder of their father by an Arab nationalist. Their school is an elite yeshiva with a rigorous examination process (only twenty-five percent of applicants are accepted), and its methodology is in keeping with its desire to produce not merely scholars but the leading posekim (jurists) of the next generation. The yeshiva also houses a bookstore that carries books published by Mekhon ha-Rav Matsliah, a press named for R. Matsliah Mazuz that (re-) publishes old Jerban and Tunisian commentaries on Talmud, grammatical works, new commentaries and textbooks written by students, graduates, and rabbis of the yeshiva, as well as siddurim and tikkunim based on the Jerban custom.
     It is in this context of Sephardic-Jerban-Tunisian religious revival that the renewal of this method of iyyun is taking place. In two essays that he wrote on the subject of method of study (derekh limmud), R. Meir Mazuz (henceforth “R. Mazuz”) insists that, though he terms the method he champions “Tunisian analysis,” he assures his readers that the method was not limited to that geographical area but was at one point used throughout the Jewish world. Indeed, Iyyun Tunisai was originally codified not by a Tunisian rabbi, but by the Castilian R. Yitshak Canpanton (or Campanton; 1360-1463) in his Darkhei ha-Talmud (“The Ways of the Talmud”). Sephardic Iyyun as it was originally
practiced was the subject of a seminal study by Daniel Boyarin, who claims that R. Canpanton interpreted various methods of analysis used in the Talmud in light of theories of semantics and language that were current in medieval Scholastic-Aristotelian works. Boyarin remarks that the method spread following the expulsion of the Jews from Spain to the sixteenth and seventeenth-century academies of “Safed and Jerusalem… Constantinople and Salonika… Cairo and Fez,” and then exclaims, “and how surprising it is that this method of learning has been almost entirely forgotten and is barely mentioned in the research laboratory (sadnat ha-mehkar) and in the house of study (beit ha-midrash) up until our very generation.” This carefully worded statement shows that the method has nevertheless not been entirely forgotten, even as the author does not seem to be aware of its existence in any significant beit midrash. This section will show that Sephardic iyyun has in fact been preserved in the “houses of study” of North Africa and is now undergoing a revival in Israel. Because Ashkenazi methods have dominated the yeshiva system for so long, a successful revival must encompass two elements: 1) a re-codification of the fine points of the methodology, with which most yeshiva-educated rabbis would not be familiar, and 2) a well-articulated attack on the regnant
Ashkenazi methods that threaten the revival. R. Mazuz’s writings do both. What follows is an analysis of R. Mazuz’s positions as expressed in his first essay on methods of study, aptly entitled “Ma’amar be-Darkhei ha-Iyyun” (“Article on Methods of Analysis”).
The Basic Assumptions of the Method
     R. Mazuz introduces his first article by terming his analytical approach ha-iyyun ha-yashar, “the straight analysis,” a term that functions as a polemical tool against other methods that he feels muddle the text instead of elucidating it in a step-by-step process. In vouching for the approach of ha-iyyun ha-yashar, R. Mazuz quibbles with Ramban’s theory of law, which asserts that, while scientific discussions result in exact conclusions, Jewish legal argumentation does not allow for definitive proofs. In contrast, R. Mazuz contends that over the centuries a methodology developed with the type of exactness necessary to properly determine the law. R. Mazuz’s rejection of inexactness in law parallels the same rejection that, according to Daniel Boyarin, stood at the heart of R. Canpanton’s methodology and its Aristotelian assumptions, which viewed any idea or interpretation of a text as provable or disprovable based on rational analysis. R. Mazuz’s confidence in the scientific acumen of his method becomes explicit when he states that the method’s goal is to “dig into and penetrate the original intention of the statements [at hand] with full confidence, without any hesitation or doubt.”
     After a discussion of his method’s roots in the rabbinic tradition, R. Mazuz goes on to describe the method in depth:
The foundation of the foundations of iyyun is that there is nothing missing [from] or added onto the language of the Gemara, Rashi, and Tosafot. There is nothing missing – because the text has not come to shut out [information] but to explain [matters], and it is not proper [to think] that the main elements of the matters [under consideration] are missing from the Talmudic discussion [Aramaic sugya] and its commentaries, for they [the rabbis] have not come to test us with riddles… And there is nothing added – because our rabbis have always tried to write with brevity and exactness, [with] the small carrying the abundant [i.e. with a small number of words carrying great depth].
     What R. Mazuz considers to be the foundation of Iyyun Tunisai is in fact already elucidated by R. Canpanton. Elements of one passage of R. Canpanton are echoed in R. Mazuz’s description above:
And always attempt to impute necessity for all of the words of a commentator or an author in all of his language: why did he say it
and what did he intend with that language, whether to explain [an issue] or to derive [a concept] from another explanation or to resolve a difficulty or a problem. And take heed to limit [le-tsamtsem] his language and to derive [concepts from] it in a way that there will not be an extra word, for if it were possible express his intent, for example, in three words, why did he express [himself using] four [words]? And so you should do with the language of the Mishna and Gemara, that is, you should check their language so that there not be an extra word, and when it appears to you to be extra go back and analyze well, for they did not expand their words unnecessarily, for it is not a small matter, and the splendor of sages is to minimize words so that many concepts are included in small [numbers of] words, and to make their words few in quantity but great [lit. “many”] in quality, and there should not be within their words an extra word, even [if it consists] of one letter, as they [the Sages] have said ([B.T.] Hullin 63b), “A person should always teach his students in a concise way,” as you see in our Holy Torah, which was given from the Mouth of the Mighty One, which speaks with a concise language but includes many things…
The Importance of Syntax
    R. Mazuz identifies the importance of syntax as the second major element of Iyyun Tunisai. He criticizes those who downplay the importance of understanding each word and its implications and the proper stopping points of statements, and complains that many students do not know the meanings of basic expressions, which can change depending on context. R. Mazuz then offers an example that highlights the importance of paying attention to syntax. In this example, an erroneous interpretation of a statement could have easily been averted if the commentator had thought about where to properly end the sentence.
     R. Mazuz’s focus on the meaning of words is not paralleled in R. Canpanton’s codification, possibly because it is so simple that no reiteration is needed. However, in the current educational climate, R. Mazuz feels that stating what should be obvious is necessary. It seems that the tendency in many yeshivas to emphasize advanced analysis contributes to the lack of focus on more simple syntax. R. Mazuz feels that this lack of focus on the basics leads to avoidable misinterpretations of the text.
Commentary for the Purpose of Preventing Alternative Mistaken Interpretations
     R. Mazuz proceeds to describe the third major element of Iyyun: “The third general rule of the methods of Iyyun is to ask, in every place, what was Rashi, Tosafot, or Maharsha bothered by, and from which error they were protected from that word and that sentence…”” In other words, the analyst studying the text should ask himself why a classical commentary would add in a seemingly extra word, or would use a seemingly odd phrase. Most often, the answer is that the commentator in question wanted to prevent his readers from making a mistaken assumption about the subject at hand, which they would have made without the quixotic phraseology that the commentator used. It follows that the seemingly extra word or the seemingly awkward phrase is in fact neither extra nor awkward, but necessary for the correct understanding of the text under discussion.
     This type of linguistic analysis assumes that the unusual language of a commentator is used to prevent the reader from coming to an incorrect conclusion. This conclusion is referred to by the classic Sephardic me’ayyenim as sevara mi-baHuts, lit. “the logical construction from the outside” – i.e., a thought process whose origin comes from outside the text. R. Canpanton writes as follows:
… And afterwards [i.e. after reading through the text a number of times and determining what is stated explicitly and what should be
understood implicitly] return to analyze if there is a novelty in what is understood from the language or not… if there is no novelty, raise a difficulty with the one who makes such a statement… “What is it [i.e. the statement] teaching us? [It is] obvious!” And if there is a novelty in its inference [i.e. if there is a novelty in what you have inferred from the statement], but there is no novelty in the essence of the statement [i.e. in the plain meaning of the statement], it is possible to say that he [i.e. the speaker] chose it [i.e. chose to make the statement in the way that he did] because of the inference… And certainly look carefully at every statement [and ask] what you would have thought based on your logic or what you would have adjudicated based on your sense before the tanna or amora would have come [to make his statement], for a great benefit will result for you from this [method], for if you yourself would have thought as he [did], ask him, “What [does this statement] teach us? It is obvious!” And if your logic contradicts his, you should know and search out what the necessity was that caused him to say thus, and [find out] what the weakness or bad element was within what you yourself had thought, and this [i.e. the logic you would have originally assumed] is called “the logical construction from the outside.”
     Due to the abstract nature of this section, it is highly recommended that readers look through the appendix, which offers a concrete example of sevara mi-baHuts.
The Logical Flow of the Text
     R. Mazuz identifies a fourth element of ‘Iyyun Tunisai, which relates to the logical flow of the text of Tosafot, who are known for posing many questions and answers in a row. R. Mazuz suggests stopping after each question-and-answer pair to analyze how each question was
answered and how the next question relates to the previous question-and-answer. In this way, the student can identify in what way the main issue being discussed is resolved. This resolution is known as “the center of the resolution,” or merkaz ha-teruts.
     The assumption that every element in a rabbinic text relates to the previous one or next one is spelled out explicitly by R. Canpanton at the beginning of Chapter Ten of his Darkhei ha-Talmud: “Always, for every statement and for every concept that is situated next to another, whether in Talmud or in  Scripture (ba-Katuv), carefully observe the relationship and connection between those concepts situated next to each other, including what order the speaker is leading (molikh) with his words.”
            R. Canpanton’s statement was made in reference to the literary structure of all rabbinic texts and specifically the Talmud. R. Mazuz’s focus on the literary structure of Tosafot is a natural outgrowth of Sephardic Iyyun’s general concern with the flow of the text. The emphasis on Tosafot began, at the very earliest, during the generation after the expulsion from Spain, with the spread of printed editions of the Talmud that included Tosafot’s commentaries. R. Canpanton himself never mentions Tosafot in his work, probably because manuscripts of Tosafot’s writings did not have widespread circulation in Spain. Instead, other passages highlight the importance of carefully analyzing Rashi and Ramban, whose commentaries were available at the time.
The Role of Writing and Revision
     The fifth and final major element of Iyyun Tunisai that R. Mazuz identifies is the importance of writing and revision following one’s studies. The student should summarize his understanding of the commentary or Tosafot he is studying as a test to see whether he has understood it properly. If the student’s own words seem to match the commentator’s but are simply more expansive, the student has understood; if not, the student should review the commentary and revise his statement. Aside from the clarity of understanding the student gains, frequent writing and revision allows the student to express his ideas clearly. R. Mazuz notes that the rabbis of Jerba traditionally educated their students in such a manner, training their students to write their own novellae in a clear and organized fashion.
R. Mazuz’s Polemic against Lithuanian-style Methodologies and Its Significance
     After having stated earlier in his essay that there is nothing extraneous to, or missing from, the language of the classical Jewish texts, R. Mazuz launches into a justification of this assumption and a polemic against alternative methods of study:
It follows that, if a person overloads explanations and commentaries regarding the intent of the early commentaries that do not flow necessarily (be-hekhreah) from the implication of the language and [of] the style or from the force of a contradiction… we should not accept his commentaries, but [instead] we should ask him, “What forced you [to say] thus? If you would like to dress [i.e., add on layers of meaning to the subject] and to expound [on it], expound and receive reward [for your efforts to come up with original ideas], but to say that Rashi or Rambam or one of the early commentaries intended abstract ideas and definitions that are ‘the finest of fine to the point where they cannot be examined’[2] – from where did this [conclusion] come to you? According to your words [i.e. explanation], why didn’t they [the early commentators] write [what you have expounded] explicitly? Do they speak in secret? Were they, God forbid, challenged [in their ability] to express [themselves] in writing, or did the matter in their eyes [have the status of] ‘the Mystery of Creation and the ‘Mystery of the Chariot,’ until hundreds of years later others arose to explain [their ideas] to them?” – From here derives the expression which is common among us [i.e. the Tunisian Jews], “rather, it is necessary” (ella mukhrah). And it is almost impossible to go through a single discussion in Iyyun Tunisai without [encountering the expression] “rather, it is necessary” tens of times… And in truth, through the necessity, the one who studies arrives at a straight and clear understanding, without dark cracks or crevices [an expression equivalent to “without any ambiguity”]. Everything is clear and lucid. If an objection is
found from elsewhere [i.e. a different source not under discussion], let it remain an objection, as “a person does not die from an [unanswered] objection.” And this is the strength of iyyun: one who learns according to the method of pilpul and of the innovation of and breaking of logical constructions (sevarot) [that derive] from the air [i.e. one who resolves difficulties by advocating ungrounded logical constructions] will many times come across a specific discussion or source that uproots his entire pilpul, and because of his concern for his work, he will [come up with]… different forced explanations and will bend what is upright… But [for] one who learns in depth (ha-me’ayyen), this is not so. If he finds a possibility to iron out difficulties and to resolve contradictions, he is praiseworthy, but if he does not find [a solution], he does not retreat from his iyyun because of this, but says, “this is the [proper] understanding of the matters [at hand], and one should not veer off from the simple explanation (peshat).” Our rabbis the Tosafists, who resolved contradictions between hundreds of Talmudic discussions and [thereby] “made the entire Talmud into the likeness of a sphere”… were not ashamed to admit that there are no fewer than thirteen contradictory Talmudic discussions that are impossible to resolve… but that, nevertheless, the simple explanation should not be stripped [of its plain meaning], and what is concrete [i.e. obvious] should not be denied.
     As a whole, R. Mazuz’s description is much less technical than that of R. Canpanton, thereby showing that it is intended for a different type of audience. This wide audience is the system of yeshiva students and the general community that draws from it, most of whom are studying according to the methods of pilpul mentioned by R. Mazuz. For this reason, R. Mazuz’s description of the method is polemical – he attacks alternatives to Iyyun Tunisai because he feels they project their own ideas onto the statements of earlier commentaries. R. Canpanton’s description is very technical and, in other passages, makes use of contemporaneous philosophical terminology.  His style is descriptive in nature and seems to be merely codifying the specifics of an approach to text that had been developing since the previously popular Tosafist method of dialectic had achieved its aims.Unlike R. Canpanton, R. Mazuz is fighting an uphill battle against dominant alternative forms of learning that he dubs pilpul.
     The term pilpul translates literally as “sharpness” and can be used in a non-technical sense to describe a general way of looking at a text or problem, or it can be a technical term for a very specific type of methodology. (In the past, the expression was even used to refer to methods that were similar to or identical with that of R. Canpanton.) Moreover, the term’s connotation can be positive (if the speaker intends to point out the advantages it offers in solving complex problems), neutral, or negative (as in the present case). By juxtaposing the term to pilpul to the phrase “the innovation and breaking of logical constructions” and by making specific arguments against it, it is clear that R. Mazuz is using pilpul in a technical sense to describe a specific methodology or specific methodologies. While, in theory, R. Mazuz can be referring to any number of alternative methods, it is likely that his polemic is directed against the “Brisker” approach to Talmud study, an approach that will be discussed in the coming paragraphs. There is evidence to support such a contention.
     The first piece of evidence is R. Mazuz’s comments on R. Yehiel Ya’akov Weinberg’s critique of R. Chaim Soloveichik’s “Brisker” approach; these comments were posted by Marc Shapiro in The Seforim Blog in the name of an anonymous rosh yeshiva, but they are
in fact the comments of R. Mazuz.  R. Weinberg accuses R. Chaim of inventing elaborate explanations of the Rambam and the Gemara that do not fit the language of the texts he is interpreting. In contrast, R. Weinberg praises the Vilna Gaon’s more simple analysis as reflecting the true meaning of the text.[3]  Upon seeing R. Weinberg’s critique, R. Mazuz responded that Yeshivat Kisse Rahamim uses the method of the Gaon of Vilna [rather than that of R. Chaim].  Thus, it is clear that R. Mazuz was including the Brisker derekh in his critique of methods that, in his mind, failed to arrive at the original intent of the sources. The second piece of evidence is an interview conducted by David Lehmann and Batia Siebzehner. In this interview, R. Tsemah Mazuz (R. Meir Mazuz’s brother mentioned previously) claimed that, until about two hundred years ago, the methods of study used by Ashkenazim and Sephardim were the same. Apparently lacking knowledge of rabbinic texts and the history of rabbinic thought, these interviewers mistakenly suggest the possibility that he was referring to the onset of the Enlightenment.  Rather, it is more likely that R. Tsemah Mazuz was referring to the flourishing of Ashkenazi rabbanim such as Aryeh Leib ha-Kohen Heller (d. 1813, often known by the name of his major work, Ketsot ha-Hoshen), Ya’akov Lorberbaum of Lissa (d. 1832, often known by the names of his major works, Netivot ha-Mishpat and Kehillat Ya’akov), and Akiva Eiger (1761-1837), who were pre-cursors to the Brisker school in terms of the type of analysis evident in their works.  Third, because the paragraph under discussion functions as a contemporary polemic, R. Mazuz is most likely referring to the popular methods used in yeshivas today; the perception among many analysts is that a large proportion of the yeshiva system has been dominated by the Lithuanian Brisker approach and related methods. For a fuller understanding of R. Mazuz’s polemic, it is necessary to describe the general contours of the Brisker approach as they relate to R. Mazuz’s objections.
     While a number of competing formulations exist for explaining the goals and methods of the “Brisker” approach, Norman Solomon’s is the most extensive. According to Solomon, proponents of the “Brisker” or “Analytic” approach [often referred to as “Briskers” in yeshiva
circles] seek to understand how various legal concepts that underlie a specific text operate. Consequently, Briskers develop every possible meaning they can think of for each concept within the text under discussion. They then re-read the text based on each of those meanings in order to figure out which understanding best sheds light on the subject.  In doing so, they often encounter the contradictory ways in which the local text and alternatives sources seem to use the concept. In order to resolve the contradictions, Briskers create a hakirah, (in this case,
the term would best be translated as a “distinction” or “dichotomy”) in which they would argue that one concept can have different facets that express themselves in different situations. Note that, because these distinctions are often based on the contradictory implications of a concept rather than on a textual ambiguity, they do not flow “necessarily” from the text and are often speculative, an issue that is the crux of R. Mazuz’s critique.
Conclusion: The Re-Codification of Iyyun
     R. Mazuz’s (re)-codification of Iyyun Tunisai functions as a way to make the method meaningful in the contemporary world. His descriptions of the method therefore lack the widespread use of philosophical terms so common among the original codifiers of Sephardic Iyyun.  Instead, they focus on justifying the method through logical argumentation, which this article has already explored, and by reference to the perceived usage of this method by the great rabbis of the past, which lends legitimacy to his project. Even before embarking on his description of the method, R. Mazuz notes that his use of the phrase Iyyun Tunisai does not connote the geographical origin of the method, merely the fact that Tunisian rabbis took pride in perfecting it. He claims that the method was used in all of the classic schools of thought within the Jewish world, starting with the Geonim, moving on to the Tosafot and Rishonim, and lastly, by Maharsha, Rashash, and others, “who excel in the straightness and depth of the[ir] analysis.”  Taken literally, this statement is misleading, as it lumps together rabbis with very different approaches to text. While Maharsha, along with many other Polish rabbis of the sixteenth and seventeenth centuries, did use this method, other commentators such as Tosafot were interested in harmonizing other contradictory texts with the local text through dialectical reasoning rather than focusing on literary issues within the local text – a process not conducive to simple readings of the local text. It is doubtful that R. Mazuz, who is fully familiar with these differences, intends that this statement be taken literally. Rather, the last clause of the sentence, which emphasizes the “straightness” (Heb. yosher) of the commentators’ analysis, is emphasized.  The statement is a rhetorical device that situates Iyyun Tunisai within the mainstream of Jewish tradition. By mentioning that great Ashkenazi rabbis, such as Maharsha, used this method, Mazuz legitimizes its usage for Ashkenazi Jews as well, since, by rejecting the Analytic approach in favor of Iyyun Tunisai, Ashkenazi Jews would not be rejecting their own traditions but reclaiming the “Tunisian” tradition as their own, “going back,” as it were, to the “original” Ashkenazi tradition. In fact, other than the name Iyyun Tunisai and occasional mention of the Tunisian/Jerban community and its rabbis, there is no indication within the article that the method uniquely represents the global Sephardic tradition, as none of the early modern and late medieval Sephardic rabbanim, such as Canpanton or Shemu’el ibn-Sid (or Sidilyo or Sirilyo), are ever cited. Despite the fact that previous sections of this article have proven the method’s Sephardic roots and its historical
uniqueness, most of the rabbis cited in R. Mazuz’s essay are well-known, “classical” Ashkenazi and Sephardic/Jerban rabbis.
     R. Tsemah Mazuz’s claim that, until about two hundred years ago, the methods of Talmud study used by Ashkenazim and Sephardim were identical should be analyzed more fully. One controversial hallmark of the “Analytic/Brisker” approach was the rejection of most of the
later Ashkenazi rabbis such as Maharsha, whose commentary, which often elucidates difficult passages in Tosafot, had been an essential part of the yeshiva curriculum in Ashkenazi lands. Instead, the “Analytic” school favored independent analysis of the classical Rishonim, especially Rambam’s Mishneh Torah, and rejected previous traditional methods of interpretation, and it was this rejection that was the subject of severe censure by critics within the Ashkenazi world. By showcasing the role of tradition in his argument for the revival of Iyyun Tunisai, R. Mazuz taps into this already ongoing debate and reveals that he is not fighting for the supremacy of the Tunisian Method merely within the Sephardic world, but within the yeshiva world in general. The revival of his method is therefore not a separatist attempt to preserve his own tradition (though it certainly encompasses that element) but a hegemonic approach that seeks to influence the entire religious world. R. Mazuz’s fight should therefore not only be analyzed “vertically,” as an expression of a line of Sephardic tradition, but also
“horizontally,” as one battle in an ongoing war against Brisk that dates back to the early years of the movement’s spread. This war has intensified in recent years, which have seen the supremacy of the “Analytic” method challenged by a number of alternative approaches. Therefore, the revival of the Tunisian method is a reflection of current socio-ideological developments within the broader Orthodox world.
     The question, then, is what the prospects for Iyyun Tunisai and other similar methodologies may be. On the one hand, one might argue that, in order to successfully compete with Brisk, Iyyun Tunisai would need to allow for a certain amount of legal conceptualization inherent within the Analytic methodology, since such conceptualization captures the imagination of specific types of students who are attracted to Brisk. While questions focused on syntax and sentence structure would be too “basic” for such conceptualization, questions focused on turns of phrase and flow of text can more easily lend themselves to further conceptualization.
     On the other hand, Iyyun Tunisai can serve as an alternative to the “Analytic” school precisely because it takes literary and historical elements into account, elements that are often ignored within the “Brisker” method. Iyyun Tunisai is ideal for those who want to develop textual skills, and its focus on basic grammatical and syntactic analysis will attract students who feel, as R. Mazuz does, that these elements should be studied before embarking on further analysis. Advanced students who are sensitive to literary structure and grammatical ambiguity will find meaning in the types of questions that Iyyun Tunisai encourages, questions that deal with unusual turns of phrase and that try to connect the different elements of the text. Critics of the Analytic School’s often a-historical approach to text would be pleased with R. Mazuz’s focus on close textual readings and critical analysis. Speaking of the original Iyyun ha-Sefaradi, Daniel Boyarin comments, “It is possible to say that, until the Historical-Philological School of later generations, there did not arise in Israel another house of study that applied with such scope the contemporary general scientific method to analysis of the Talmud.” While this claim may have held true then, strict modern-day historians hoping for a full academic approach would not agree with other assumptions upon which the method is based, most notably the assumption that the Talmudic sages and early commentators foresaw all possible alternate interpretations and rejected them. Yet this non-critical element is precisely the method’s strength. Most students in yeshivas would not be comfortable assuming that an Amora or Rishon should not be given the benefit of the doubt, and would likely view academic interpretations of a sugya as just as speculative as the very explanations that the academic approach purports to “correct.” Iyyun Tunisai strikes a balance between an overly-critical approach, which would undermine the legitimacy of the text under discussion, and an approach that is not self-critical enough to be able to discern between likely and forced interpretations. It is this balance that allows ha-Iyyun ha-Yashar to serve as an alternative to other methods of study current in the yeshiva world.

 


[1] In memory of my mother, פעריל מאשא בת יעקב ורבקה יענטע, זכרונה לברכה.
[2] Hebrew pun: dak al dak ad ein
nivdak
.
[3] The relevant parts of the letter also appear in ibid.
Some Assorted Comments and a Selection from my Memoir, part 1,” The Seforim
Blog
, Oct. 25, 2009.



Who was Reb Shlomo?

Who was Reb Shlomo? by Natan Ophir (Offenbacher)
 
Natan Ophir’s book, Rabbi Shlomo Carlebach: Life, Mission, and Legacy, has just appeared. This is a complete biography of Carlebach’s life (not a hagiography) and is essential for anyone with an interest in Carlebach. The Seforim Blog is happy to include this excerpt from the book, pp. 413-419.
1.      Who was Reb Shlomo?
Who was Reb Shlomo Carlebach? This question was deliberated in the obituaries after his death. Elli Wohlgelernter of The Jerusalem Post tried to describe Shlomo’s elusive uniqueness:
The obituaries referred to Rabbi Shlomo Carlebach as the “Singing Rabbi,” but that’s like describing Yankee Stadium as just some ballpark in the Bronx…. To have spent any time with Shlomo – that’s all he was called, never Rabbi Carlebach – was to understand this: he was his own kind of rabbi and they were his own songs, and they will be sung for as long as Jews gather to sing and dance….He was part hippie, part yippie, part beatnik, and part New Age. He was Dylan, Elvis, Arlo and Seeger all rolled into one, with a touch of Sholem Aleichem and Mark Twain.[1]
Indeed, Shlomo just didn’t seem to fit into any restrictive defining label. Menachem Daum, in a video report for Religion News and Ethics, labeled Rabbi Carlebach as the “most unorthodox Orthodox rabbi.” Moshe Stern, the internationally renowned cantor, characterized Carlebach as a combination of “a prodigal tzaddik, a musical genius, perhaps a religious exegete, a hippie in religious-ultra-orthodox garb.” Stern highlighted the all-encompassing nature of Reb Shlomo’s personality which defied categorization:
His greatest strength was and remains chiefly his ability to be all encompassing, a kind of prototype for felling the divides, for blurring the borders. This, it seems, is what the ears and souls of many in that younger generation latched onto, seeking as they did an escape path from the rigid categorizing enforced on them by the split reality of Israeli life.[2]
Similarly, Robert L. Cohen asks: Was there ever such an “embodied paradox, a bundle of contradictions?”[3] Cohen enumerates some of the seemingly contradictory aspects of Shlomo’s life. For example:
A thoroughgoing traditionalist, with Orthodox yeshiva education and rabbinical ordination, he outraged the Orthodox; a man for whom “pluralism” was an alien, ill-fitting concept, he was an implicit pluralist – teaching and singing everywhere, honoring rabbis of every denomination and encouraging others’ unorthodox paths.[4]
Shlomo was equally at home with the Admor of Amshinov, the homeless in Riverside Park, and Hadassah women. But there were subtle differences in how he presented himself. It was a different type of Shlomo comforting soldiers in hospitals during the Yom Kippur War, and another Shlomo singing for Christians in Poland and Germany.
A 1994 obituary by Yossi Klein Halevi in The Jerusalem Report used the term “Pied Piper of Judaism” to describe how Shlomo “taught an orphaned generation numbed by the Holocaust and assimilation how to return to joy.” Halevi captured the uniqueness of Shlomo’s concerts:
A Shlomo concert was part 60s-style happening, part Hasidic revival…. Shlomo always appeared with an entourage – strung-out street people, rebellious yeshivah boys, spiritual seekers, groupies… The only constant was Shlomo himself: his beautiful melodies; his deep, sure voice; his at-once profound and hokey rap ranging from Hasidic stories to exhortations for people to love each other, to mocking and very funny critiques of both ultra-Orthodoxy and Reform Judaism.[5]
The question of who was Reb Shlomo was often a reflection of how people related to him. Sometimes, it was Rabbi Shlomo Carlebach officiating in rabbinical functions such as weddings. Most disciples preferred the appellation “Reb Shlomo” to indicate a Hasidic closeness and warmth.[6] But for many followers, it was simply “Shlomo,” the best friend, informal confidant, eschewing titles or other artificial barriers. He was the rabbi poised at the entrance to his shul on West 79th St. to welcome all with a bear hug. In the setting of Manhattan’s street corners, he was a “holy brother” to many a “holy beggar.”
With a natural ease, Reb Shlomo also assumed the role of a charismatic prayer leader. For example, on Hoshana Rabbah services at West 79th St., wearing a white kittel and black gartel, he was like a choirmaster orchestrating the musical accompaniment of trumpet, violin and
singing congregation. In the full hour-long video dated September 26, 1994 at the Carlebach Shul, one can see the epitome of the new religious structure invented by Reb Shlomo: integrating a selection of his songs for the Hallel, each setting a different mood and spiritual direction; the symbolic waving of the lulav and arava with joyful dancing, and interjections in English creating a thoughtful direction.[7]
This is the Shlomo leading a new form of religious experience specifically adapted to the Orthodox community.
Shlomo was able to blend in to so many different types of communities because he reflected sundry images to diverse audiences. Prof. Shaul Magid uses the metaphor of a mirror:
Most remember him as a mirror: They saw in him what they wanted him to be, or what they imagined themselves to be…. each of his followers heard what he or she wanted and constructed him in their image. The Orthodox offer one reading, the neo-Hasidim another, Diaspora Jews another, Israeli Jews another; leftists read him one way, Jewish militants another. The point is none of them really know… He bequeathed a “Judaism of uncertainty” (“what do we know?” was his catchphrase) so that everything could be reviewed and revised, in the spirit of love and not separation, on compassion and not exclusion.[8]
Nonetheless, of all the images of Shlomo, the most well-known is that of the Singing Rabbi, the father of modern Hasidic music.
2. The Foremost Songwriter in Judaism?
Ari Goldman, in The New York Times obituary in 1994, designated Shlomo Carlebach “the foremost songwriter in contemporary Judaism.”[9] Recently, Goldman reiterated this statement, adding that it has never been disputed.[10] In 1997, music historian, Robert L. Cohen, referred to Shlomo as “the most prolific composer of liturgical folk melodies in this, perhaps any, century.”[11] In a later article, Cohen explained that Carlebach “opened the gates for a new generation of niggun makers” by creating music with a Hasidic flavor that could be accessible to young Americans:
Shlomo Carlebach had a phenomenal gift for melodies that conveyed yearning and joy, sweetness and exultation all at once… His
example inspired an entire generation to set traditional, and some original, verses to their own new melodies… The result has been a garland of new Jewish music – of new wings for our prayers.[12]
This type of recognition recurs in various Jewish encyclopedias and year books. Mark K. Bauman in the 2011 Jewish American Chronology, recognized Shlomo as “the twentieth century’s most prolific and influential composer of Jewish music and a key ambassador of spirituality,
especially to Jewish youth.”[13] Judah M. Cohen, in the Encyclopaedia Judaica entry, defined Carlebach’s extraordinary influence:
At the time of his death, Shlomo Carlebach had become a legend of sorts, having recorded over 25 albums, composed up to 5,000 songs, performed on five continents, released two official songbooks, amassed a broad following, granted semikhah to both male and female students, and given away nearly all his earnings. Several of his songs, moreover, had become “traditional” during Jewish events; revelers would sing such songs as “Esa Einai,” “David Melekh Yisrael,” “Am Yisrael Chai,” and “Od Yeshoma.”[14]
Mark Kligman, professor of Jewish Musicology at Hebrew Union College in New York, in his survey of contemporary Jewish music in the American Jewish Year Book (2001) stated: “Jewish musical artists of today consider Shlomo Carlebach the father of contemporary Jewish music.”[15] Kligman explains that the most innovative part of Shlomo’s musical success was “the blending of Hassidic song with folk music”:
Combining the participatory ease of folk music, the energy of the newly created music from Israel, and the religious fervor of the Hassidic niggun, he succeeded in moving liturgical music out of the synagogue and into a wide range of other settings, including concert halls and night clubs, and used his music to educate and inspire Jews to renew their Jewish identity and discover the beauty of Jewish life.[16]
Nonetheless, not all Jewish musicologists have recognized Shlomo’s importance. Cantor Macy Nulman in his 1975 comprehensive encyclopedia of Jewish music does not have an entry for Shlomo Carlebach.[17] Similarly, in his 1992 masterful survey of Jewish musical traditions, Hebrew University Professor of Musicology, Amnon Shiloah, does not mention Shlomo.[18] Presumably, part of the reason is that popular Hasidic folk songs are not on the same level as professional music. Indeed, Shlomo’s musical success is remarkable considering that he never really trained as a professional musician, and apart from a few voice lessons in Manhattan, was not an expert cantor. Or as Shlomo self-effacingly explained in an interview to Elli Wohlgelenter:
I don’t think I have a good voice. I think my voice is just good enough to inspire people to sing with me. If I would have a gevalt voice like, let’s say, Moshe Koussevitzky, then nobody would want to sing with me, because then they’ll think they don’t want to miss my voice, but my voice is just good enough to make them sing.[19]
Shlomo’s self-comparison to the renowned cantor Moshe Koussevitzky highlights a key ingredient of his musical success. Rather than impress an audience by a beautiful recital, Shlomo led a sing-along of catchy tunes. A typical Carlebach tune is easy to follow.[20] At Shlomo events, participants quickly learned his new songs thus furthering their popularity.
Musicologist Velvel Pasternak explained that if judged by objective musical standards, Shlomo was not the most outstanding composer, singer or guitarist, but his success was due to an uncanny ability to strike an immediate responsive chord in the ears of his listeners:
Even a seemingly banal sounding melody became a hypnotic and mesmerizing chant. The simplicity of his melody line, the intensity of his performances, the charisma of his personality, served to create a worldwide musical following.[21]
Furthermore, by adapting the form and fervor of a Hasidic farbrengen (see above, Chapter 6), Shlomo constructed a new hybrid of folk singing and semi-prayer. To quote the insightful appraisal of Motti Regev and Edwin Seroussi:
Armed with a guitar, dressed like an “orthodox hippie,” and using the most basic harmonies and short, repetitive melodies, Carlebach appeared at concerts that became a kind of unorthodox prayer that recalled the traditional Hassidic tish, an assembly of Hassidim around the table of the rebbe, held on special dates, and characterized by singing and dancing.[22]
In sum, the amalgamation of a Hasidic tish, inspirational storytelling, emotional insights, and ethical exhortations created the innovative Carlebachian musical experience. Samuel C. Heilman, professor of Sociology at Queens College CUNY, describes Shlomo Carlebach as a product of a synergy between Hasidic, Israeli, and American trends:
He attached himself to Hasidic prayer styles from which he took the idea of expressive enthusiasms in prayer and devotional ecstasy as part of Jewish outreach. From American new folk idioms, he took the guitar, rhythms, the practice of sing-alongs, the “talking blues,” concertizing, and the idea of making recordings. From Israeli culture, he borrowed the idea of shirah b’tzibbur, i.e., choral singing as a tool of social solidarity. All these he mixed syncretistically to develop his particular style.[23]
Indeed, this description sums up the secret of the appeal to Reb Shlomo’s music. He was able to bring together the popular folk music of the 1960s and the fervor of Hasidic niggunim to create a new genre of music. But Heilman goes further and explains:
Contemporary Carlebach minyanim have elevated him and his approach to a kind of mythic status. Reb Shlomo, as devotees refer to him these days, is the modern Jew’s counterpart to the Hasidic rebbes and other immortals that the Haredi world has enshrined. Like these rebbes, he is frequently resurrected in stories, songs, aphorisms, and teachings that are meant to shape the attitudes and religious character of those who invoke his memory.[24]
.
[1] Elli Wohlgelernter, “Simply Shlomo,” The Jerusalem Post, April 20, 1995.
[2] Ronit Tzach in Yediot Aharonot, Seven Day Magazine, Feb. 4, 2005, 34. Cited in Shmuel Barzilai, Chassidic Ecstasy in Music (Frankfurt am Main: 2009), 152.
[3] This witty aphorism is a quote from Charles Caleb Colton (1780–1832), Lacon or Many things in Few Words: Addressed to Those Who Think,vol.1, books?id=6AclAAAAMAAJ&pg=PA180&img=1&pgis=1&dq=paradox&sig=ACfU3U0aMhUVF-mTU8guK4hy2jQQRHDH4A&edge=0CCCCVII, p. 1980.
[4] Robert L. Cohen, “Jewish Soul Man.” Moment, August 1997, 59–64, 83.
[5] Yossi Klein Halevi, “The Pied Piper of Judaism,” The Jerusalem Report, Nov. 17, 1994, 45.
[6] Shlomo explained the advantages of using the designation “Reb” rather than “Rabbi” by playfully distinguishing the letters. “Rabbi” is a combination of Ra (Hebrew for “bad”) and Bi (“he gets by”), whereas “Reb” is a shortened form of “Rebbe,” and in Hebrew means “Rabbi” with the letter yod, signifying the Divine Presence – “God is so tremendous inside” – God’s Light in you. Shlomo’s explanation can be heard on segment 4:53–5:11 in part 4 of “Rabbi Shlomo In Concert”, YouTube, http://bit.ly/1bq3rE0. This is from his concert in Feb. 1994 in Miami Beach.
[7] For an hour long program of Reb Shlomo leading the singing for the Hoshana Rabbah service at the Carlebach Shul on 79th St., see Kikarhashabat.co.il; http://bit.ly/16CTaBM. Compare http://bit.ly/1dbGmHj; http://bit.ly/18pI96e. A record was produced entitled R. Shlomo Carlebach – The Last Hoshana Raba, http://bit.ly/HjJRAv, http://bit.ly/1g44CyH; http://bit.ly/18pHZMk.
[8] Shaul Magid, “Carlebach’s Broken Mirror,” Tablet Magazine, Nov. 1, 2012, TabletMag.com, http://www.tabletmag.com; http://bit.ly/1ac2Yc6.
[9] Ari L. Goldman, “Rabbi Shlomo Carlebach,” New York Times, Oct. 22, 1994.
[10] Ari L. Goldman, “Why Carlebach Matters,” The Jewish Week, May 8, 2009.
[11] Cohen, “Jewish Soul Man,” 59.
[12] Robert Cohen, “New Wings for Our Prayers: On American Jewish Music,” Open the Gates!, vol. 1, 2005, excerpted in Tikkun, March 27, 2008, Tikkun.org, http://bit.ly/17Qyw1k. Cohen’s essay accompanies the CD American-Jewish Music for Prayer and describes Jewish religious folk music, its inspiration in the Hasidic movement and its cultural roots in American folk music. The CD includes 18 different composers and performers of prayerful melodies and #17 is “Ein Keilokeinu” of Shlomo Carlebach.
[13] Mark K. Bauman, Jewish American Chronology: Chronologies of the American Mosaic (Santa Barbara, California: 2011), 119.
[14] Judah M. Cohen, “Carlebach, Shlomo,” Encyclopaedia Judaica, 2nd ed., vol. 4, 481–482.
[15] Mark Kligman, “Contemporary Jewish Music in America,” in David Singer and Lawrence Grossman (eds.), American Jewish Year Book. New York: 2001, vol. 101, 88–140.
[16] Kligman, “Contemporary Jewish Music.”
[17] Macy Nulman, The Concise Encyclopedia of Jewish
Music
(New Zealand: 1975).
[18] Amnon Shiloah, Jewish Musical Traditions (Detroit: 1992). His book is based on a course in Hebrew that Shiloah prepared for the Open University in the years 1985–1987.
[19] Wohlgelernter, “Simply Shlomo.”
[20] A typical Carlebach tune has two contrasting sections of only eight bars each, with the second one in a higher register, melodic sequences, and constant syncopation (with the rhythm accenting a normally weak beat) – see Motti Regev and Edwin Seroussi, Popular Music and National Culture in Israel (Berkeley–Los Angeles–London: 2004), 129.
[21] Velvel Pasternak, “A Musical Legacy,” Aquarian Minyan Newsletter, Autumn–Winter, 1995, reprinted in David Wolfe-Blank (ed.), The Aquarian Minyan KhaZak! Khazak!, 388–389.
[22] Regev and Seroussi, Popular Music, 127–128.
[23] Adapted from Samuel C. Heilman, Sliding to the Right: The Contest for the Future of American Jewish Orthodoxy (Berkeley and Los Angeles: 2006), 291.
[24] Ibid.



Christian M. Rutishauser on Being Drawn to the Rav

Christian M. Rutishauser on Being Drawn to the Rav
Christian M. Rutishauser’s The Human Condition in the Thought of Rabbi Joseph B. Soloveitchik has just been published by Ktav (having earlier appeared in German). Quite apart from Rutishauser’s scholarship, the book is noteworthy in that Rutishauser is a prominent Jesuit priest (see here; for those who don’t know, the University of Scranton is also Jesuit). The Seforim Blog is happy to present the introduction to the book where Rutishauser explains what led him to the Rav.
A Catholic Glimpse of Rav Soloveitchik

I never met Rav Soloveitchik personally. The reason is not only that I was born in the second half of the twentieth century and live in Europe. Actually, apart from a few scholars, Soloveitchik was hardly known in the German speaking world of the 1980s and 1990s. As a student of Catholic theology with a deep interest in philosophy, I neither met him nor came across his work, even though I moved around the academic world of Germany and France with an open and interested mind. As a Jesuit and a chaplain at Bern University, I organized study tours to Israel almost every year, but even there I never heard of him. Neither my involvement in Jewish-Christian dialogue in Switzerland nor my deep interest in Judaism altered any of this, at least for some time.

Then a lucky coincidence changed everything. In July 1997, I was attending an Ulpan at the Hebrew University in Jerusalem. During a break one day, I walked over to the Hecht Synagogue on the Mount Scopus campus. I decided look around, more to kill time than out of any particular interest. I wandered about the room, enjoying its coolness on this hot summer day, browsing aimlessly among the books displayed on the shelves along the wall. By chance I picked up a copy of Halakhic Man by the Rav—naturally in the English translation, as my Ivrit would not have allowed me to read the original. The name Soloveitchik did not ring a bell. Opening the book at random, I read a few chapters and became so fascinated by its outline of the Orthodox life ideal that I “kidnapped” the book from the synagogue. Naturally the books were not supposed to be removed, but as everyone knows, students find ways to get around rules of this kind. Actually, I returned the book four days later, after I finished reading it. I would have liked to know more about Soloveitchik, but I didn’t follow up on my interest at that time. Nevertheless, I was deeply impressed by the original way he presented, and above all differentiated, the homo religiosus; the modern scientist and the halakhic man stayed with me.

One and a half years later, when I began to look for a suitable subject for my doctoral dissertation, my discovery on that hot summer day in Jerusalem came to mind. I felt a desire to delve more deeply into Soloveitchik’s life and works. Moreover, I was not much inspired by the topic suggested by Prof. Clemens Thoma, my thesis adviser. An analysis of the Servant Songs from the Book of Isaiah really did not turn me on. Too much has already been written on this subject. Furthermore, I truly wanted to become more familiar with the theological and philosophical domain of Jewish thought, this being much more up to date. Meanwhile, I had been dealing with mattan Torah, the rabbinic concept of revelation, and had been intending to consecrate my energy to the interrelated theology of canons. However, I had to give up this topic too, because it went too far and had become too complex to be treated in a dissertation. Thus, the materials I had prepared for a discussion of revelation also had to be laid aside, and it was only several years later that I was able to use them in my first lecture at the Jesuit Philosophical School in Munich. In other words, the extended endeavor had not been in vain.

In the winter of 1999 I seriously began my research on Soloveitchik. My first discovery was his collected oral discourses in On Repentance. Once again, I was fascinated by his presentation of a traditional core concept of Judaism organized in modern philosophical categories with an eminently practical sense. My reading of this text was a spiritual and intellectual experience that filled me with the talmudic spirit. As a Christian who had long been interested in Judaism and had studied in depth the works of such German-Jewish philosophers as Moses Mendelssohn, Franz Rosenzweig, Martin Buber, and Walter Benjamin, I was somewhat disappointed, for I did not find Soloveitchik to be as philosophically innovative as I had hoped. Nevertheless, I was convinced that I had discovered the authentic bedrock of Orthodoxy and Halakhah, presented in a reliable and responsible form that corresponded to an important strand of modern thought. I was particularly thrilled by the way he conveyed talmudic-rabbinical tradition in a modern idiom as a line of thought and way of life for the world of today. This version of Judaism, living and reflective, was exactly what I, as a Jesuit, was anxious to know. We Jesuits are charged with the vital mission of transposing the Catholic faith and the wider Christian tradition, in an intellectually responsible way, into a form appropriate to modern and postmodern society. It was essential for me to understand how somebody whose background was so different from mine had dealt with the same challenge in respect to his own tradition; this became my very personal motivation for devoting my dissertation to the Rav.

Unfortunately, my adviser’s reaction to my desire to concentrate on Rav Soloveitchik was far from encouraging. “How can you possibly write about a person who opposes Jewish-Christian dialogue?” was his reaction, more or less. I had discussed my project with very few people, and the even fewer among them who had heard of Soloveitchik knew little more about him than his refusal to engage in dialogue, because the Rabbinical Council of America had publicized his essay “Confrontation.” The image of the Rav held by non-Jews did not bother me, because my interest in him had nothing to do with his views on Christianity or his attitude toward dialogue. Nevertheless, I was very pleased when, during the months of my stay in Jerusalem, I heard a shiur by David Hartman, a student of Soloveitchik, in which he refuted the too simplistic interpretation of “Confrontation.” Hartman showed that the Rav was not fundamentally opposed to dialogue, but insisted on certain conditions. Actually, for me the Rav represented exactly the type of qualified Orthodox figure who would be necessary for a serious interreligious dialogue. Later, subsequent to my own analysis of Soloveitchik’s writings, I could only agree with Hartman, especially after I realized that the Rav must have seriously studied Christian theology in connection with his encouraging selected educated people to take an interest in this field. However, Jewish-Christian dialogue was neither his main concern nor the reason for my interest in him. On the contrary, what I so eagerly wanted to know in greater depth was his exposition of the self-understanding and thought of Orthodox Judaism.

My dissertation presented the philosophy of the Rav to a German-speaking and predominantly non-Jewish public. The Jewish community, I realized, might also find some value in my research, because while both On Repentance and Halakhic Man were fairly well known, only a handful had studied Soloveitchik in depth. In my dissertation, it was essential for me to fully grasp Soloveitchik’s intellectual and philosophical context, which were hardly presented in the writings about him I found. This is most unfortunate, because he was actually a product of German and European culture and philosophy. His time in the Berlin of the Weimar Republic, where he studied from 1926 to 1932, had a profound impact upon him. In the German metropolis, he majored in philosophy, with a focus on the work of the recently deceased Jewish philosopher Hermann Cohen (d. 1918). The young and very talented Soloveitchik, already trained in talmudic studies, was receptive to the search for the scientifically based truth of the neo-Kantianism that prevailed in Berlin. In the pure thought of Hermann Cohen, he discovered a system of categories that helped him to protect the revelation of Torah against the challenge of historical relativism. Nineteenth century historico-critical research had reduced the Holy Scriptures to no more than literary products of their time. However, it was not only research on the very existence of the Bible and the Talmud that threatened to dissolve the revelation. For a person so intensely devout, the identification of religiousness with inward feelings and subjective perceptions was the greater temptation and challenge. Psychology of religion and philosophy of religion at that time, as represented by William James and Rudolf Otto among others, reduced the origin of religion to the personal experience of the inner self. The reduction of religion to a historical and psychological phenomenon, so mightily in effect even today, was the adversary Soloveitchik fought against. He considered the Halakhah to be the specific core of the revelation, understanding it as a process of pure thought that he described by means of the reconstruction method of Paul Natorp, who held that psychic processes can only be perceived with the help of the categories of reason, because pure experience does not exist. Although the philosophical movement known as idealism had broken away, Soloveitchik succeeded in separating the Halakhah from subjective religiosity and placed it as an opposition. As a result, he was able to engage in a productive dialectic. It is obvious from some of his writings that the dialectical theology of Karl Barth was a great help in his endeavors.

Thus, the Rav searched for an authentically Jewish way of acknowledging reality, tackling it face to face, and shaping its form. He did not turn only to halakhic concepts or religious topics. The way he understood Halakhah was more as an instrument of world encounter. This enabled him to integrate into his Orthodox way of life the most diverse aspects of society, environment, and the preconceptions of modernity. Through this method, he attached less of his Orthodox identity to external facts and contents, becoming more and more rigid during the course of history, with a tendency to incline toward a fundamentalist stance. Identity, with Halakhah in hand, can be newly reestablished under any conditions and everywhere, as our whole life is constantly being reshaped through it. Soloveitchik introduced a uniquely Jewish approach to reality in the modern world, which is of interest to me as a Christian even though I am not supposed to, and do not want to, follow the Halakhah. Catholicism too does not wish to turn religion into a subjective, individualized exercise of piety, but, as postulated by Soloveitchik, wants it to be seen as an objective “truth” that man has to adhere to and make the main guideline of his life. Although there are great differences as regards content, there are nevertheless many similarities on the structural level.

There is a second element that Soloveitchik took along to the New World; something that added depth and seriousness to his American-rabbinical pragmatism. This was his existentialist view of man, most certainly shaped by Sören Kierkegaard. He personally makes only a few tangible statements in this vein when discussing certain philosophers, theologians, and writers. He does not convey much about the sources of his ideas, in order not to cast a shadow on his crucial source, the Halakhah, and its regulatory status. The silence that from time to time shrouds his life in Berlin and his personal intellectual history in the “Old World” envelops him in an aura of mystery within which he led his existence as the lonely man of faith he really was. In any case, his encounter with Kierkegaard may have taken place early in his life. The works of the Danish philosopher had already been translated into Yiddish in Lithuania during the Haskalah of the nineteenth century. Moreover, since Soloveitchik wrote his most important works in the period from the 1940s to the 1970s, we must not underestimate the influence of the existentialist spirit of the postwar years. Experiencing the breakdown of tradition, not only in the premodern era but also in the middle-class European world to which most Jews belonged at the time, seems to have driven him into the isolation of a displaced person who had lost his home. Looking at his biography, it is evident that his migration from an East European Orthodox Jewish environment, to the sophisticated Berlin metropolis, and finally to the Jewish no-man’s land of Boston, mirrors the external symptoms of his uprooting and loneliness. The experience of loneliness, however, turned the Rav’s line of thought into an explosive, existentially fundamental experience, out of which human existence grows in a qualified sense. This throwing into loneliness signifies for him the conditio humana that can bring man into authentic life. He correlates it with Halakhah, because for Orthodox Jews the Halakhah is the instrument that shapes their existence. Halakhic existence takes place between these two poles of the ellipsis; it is the duty of the Orthodox Jew to accept both deliberately and to lead his life with their guidance.

In a similar area of tension, a spiritual life is drawn for every human being who, in the modern, open world of today, feels committed to the revelation of God. That is why for me as a Jesuit priest, as well as for my Catholic brothers and sisters, Rav Joseph Dov Soloveitchik is of interest and his work is a source of inspiration.



R. Shlomo Yosef Zevin, Kitniyot, R. Judah Mintz, and More

R. Shlomo Yosef Zevin, Kitniyot, R. Judah Mintz, and More
Marc B. Shapiro
1. The last post dealt with R. Shlomo Yosef Zevin and I pick up with him here. Before moving forward, I have to thank R. Moshe Maimon who sent me a PDF of the essay attributed to R. Zevin which I discussed in the last post. It comes from the hebrewbooks.org hard drive that was released some time ago.[1] You can see it here. I also thank R. Eliezer Brodt who pointed out that both R. Zvi Pesah Frank and R. Eliezer Waldenberg deal with the essay.[2]
One of the most famous examples of haredi censorship relates to R. Zevin. In his classic Ha-Moadim ba-Halakhah, in the section “Ha-Tzomot”, end of ch. 5 (p. 442 in the most recent edition), in discussing if one still needs to do keriah upon seeing the destroyed cities of Judea, R. Zevin writes:
מסתבר, שעם שיחרורן של ערי יהודה משלטון נכרים והקמת מדינת ישראל (אשרינו שזכינו לכך!) בטל דין הקריעה על אותן הערים.
This is not an extreme Zionist statement. It is simply an expression of happiness that the State of Israel came into being. I have no doubt that the typical haredi agrees that this was a good thing (and see in particular the comments of R. Moshe Feinstein quoted later in this post). However, even this very “pareve” statement was too much for Artscroll. Here is how Artscroll translated this passage (The Festivals in Halachah, vol. 2, p. 294):

It could be argued that since the liberation of the cities of the Judean hills from gentile rule, the law of rending the garment for these cities may no longer be in force.

The first thing to notice is that while R. Zevin wrote מסתבר, which must be translated as “it is reasonable”, “it makes sense”, or something similar, Artscroll has turned this into a tentative argument (“it could be argued”). Yet this is not what R. Zevin is saying. “It could be argued” implies that R. Zevin is on the fence on this matter, while מסתבר shows clearly what his view is.[3]
However, the really egregious action of Artscroll comes later in this sentence where Artscroll deletes mention of the establishment of the State of Israel and, most significantly, R. Zevin’s feeling of joy at this event: אשרנו שזכינו לכך!
I have learnt that the men who run Artscroll did not originally know about the censorship just mentioned. They never authorized any distortion of the translation and were surprised to find out what had been done. Yet once learning what had happened, they never took any steps to correct the translation and even defended the alterations. To this day, the matter has not been rectified. It is one thing if in its own works Artscroll tolerates or even encourages distortions, but to take the work of someone else, especially a great Torah scholar, and “correct” it so as to bring it into line with haredi “Daas Torah” is unforgivable. Furthermore, it is a violation of a sacred trust which every translator should be cognizant of. I also wonder if there isn’t a real issue of geneivah involved. If you sell a book supposed to be a translation, and you alter the translation, it is not merely a matter of geneivat da’at but real thievery, since you are selling a product that is not authentic.[4]
When this matter was raised in Tradition by Jack Feinholtz, Rabbis Nosson Scherman and Meir Zlotowitz replied by quoting one of the translators, Meir Holder:[5]
Mr. Holder has, for many years, maintained the closest contact with Rav Zevin’s family and has been a prime force in the dissemination of this great Tzaddik’s writings, in both Hebrew and English. It is unthinkable that he would tolerate or engage in any attempt to misrepresent Rav Zevin’s thoughts. . . . According to Mr. Holder, the lines which Mr. Feinholtz quotes were added to the edition published just a few months after the State of Israel was founded, a time when Rabbi Zevin and others still held high hopes for the spiritual impact of the State upon the lives of those Jews living there. As time went on, Rabbi Zevin became disappointed and, in the opinion of the members of his own family, his final Halachic opinion with regard to the law of rending garments on seeing the Judean hills is more accurately reflected in the Artscroll translation than in the version of the passage cited by Mr. Feinholtz.
There is a good deal of falsehood here. To begin with, other than Shemirat Shabbat ke-Hilkhatah, I think Ha-Moadim ba-Halakhah has been reprinted more times than any other modern halakhic text. Neither R. Zevin nor his family ever made any changes to the work. So who are these mysterious family members that Mr. Holder consulted with? R. Nahum Zevin, the one grandson of R. Zevin who is a haredi rabbi, is completely honest in his descriptions of his grandfather’s strong Zionist feelings.[6] R. Nahum tells anyone who asks that the change in the English translation was done without his (or anyone else in the family’s) knowledge or approval. He completely rejects the attempts to distort his grandfather’s legacy, as his grandfather never moved from his Zionist outlook. Thus, in addition to what has already been noted, the distortion of R. Zevin’s words must be seen as a betrayal of the family’s trust. (See also the second to last paragraph of the Hebrew article included in this post.)
More offensive than Artscroll’s distortion of R. Zevin’s halakhic opinion is the omission of his words of thanks for the creation of the State, an omission that goes unmentioned in the letter of Scherman and Zlotowitz. In a typical debating tactic, they offer a response that allows them to pretend that the only issue being discussed is R. Zevin’s halakhic view of rending garments rather than the deletion of his comments about the State of Israel. (Regarding the first matter, does this really have anything to do with Zionism? Is there anyone today, even among the non-Zionist haredim, who rends his garment upon seeing the cities of Judea?[7] Even when it comes to mekom ha-mikdash it seems that for many the practice of keriah has fallen by the wayside, and a number of people have written to justify this. And while I am on the topic, is there any halakhic justification for people not to do keriah when they see places like Bethlehem that have been returned to Arab rule?[8])
Before going further, let me present a short article in Hebrew written by a friend of mine that also details Artscroll’s fraudulence in this matter.

בשו”ת אגרות משה או”ח ח”ה סימן לז כתב, וז”ל: בענין חיובים דקריעה על ראיית ירושלים וראיית מקום המקדש, ודאי הוא חיוב, כמפורש בברייתא דמו”ק דף כ”ו ע”א. וגם על ערי יהודה איתא שם דקורע, ואיפסק כן ברמב”ם פ”ט מאבל ה”ב, ויותר מפורט בסוף פ”ה דתעניות. ובטור וש”ע סימן מיוחד באו”ח סימן תקס”א, וגם ביו”ד סוף סימן ש”מ . . . . [אבל] עתה שבחסדי השם יתברך אין מושלים האומות על ערי יהודה ועל ירושלים, והם גם מיושבים, הוא טעם גדול שלא לקרוע, אף שעדיין לא באה הגאולה ע”י מלך המשיח ואנו מתפחדים מהאומות, אין לקרוע, דהא הקרא שלמדים משם שצריך לקרוע על ערי יהודה . . . ויבואו אנשים משכם משלו ומשמרון שמנים איש מגלחי זקן וקרעי בגדים וגו’, הרי באו אחר שנחרבו ממש, שאין ללמוד מזה אפילו ליום אחד קודם החורבן, אף שהיה ידוע על ידי ירמיהו הנביא ועוד כי יהיה החורבן. וכל שכן עתה שמקווים אנחנו שמלך המשיח יבוא בקרוב כשיהיו כל ערי ישראל על מכונם, שאין צורך לקרוע. אבל כשרואה מקום המקדש שעדיין הוא בחורבנו, ולא שייך שיבנה אלא על ידי מלך המשיח, צריך לקרוע בפשיטות. וכשיבוא מלך המשיח במהרה בימינו, אף אם נימא שיהיה קצת זמן עד שיבנה, יורנו מלך המשיח וסנהדרין איך לעשות עכ”ל.
וכ”כ הגאון ר’ שלמה יוסף זווין זצ”ל בספרו “המועדים בהלכה” בפרק חמישי של חלק “הצומות” (במהדורת תשמ”ג – עמוד תמב), שגם טרם מלחמת ששת הימים “מסתבר שעם שיחרורן של ערי יהודה משלטון נכרים והקמת מדינת ישראל (אשרינו שזכינו לכך!) בטל דין הקריעה על אותן הערים”. עכ”ל. 

אמנם בתירגום “המועדים בהלכה” לאנגלית שנעשה בחסות הוצאת “ארטסקרול-מסורה” חלק שני (הוצאת “מסורה” תשמ”ב), עמוד 294, עשו המו”ל שני שינויים לקטע זה: (א) במקום “מסתבר” כתבו “יש מקום לטעון”; (ב) השמיטו מ”ש הרב זוין: “והקמת מדינת ישראל (אשרינו שזכינו לכך!)”. וכבר עוררו על שינויים אלו במכ”ע “טראדישען” ה’תשמ”ז-ח (במדור ‘מכתבי הקוראים’) – ראה מ”ש מר ג’ק פיינהאלץ (טראדישען 22:4, עמוד 120).

 

העורכים הכלליים של ספרי “ארטסקרול” (הרבנים מאיר זלאטאוויץ ונתן שרמן שיחיו) התייחסו לטענת מר פיינהאלץ במכתב למערכת “טראדישען” [שנדפס ב”טראדישען” שם]. במכתב זה הצדיקו את השינויים האמורים, אשר לפי דבריהם נעשו בשיתוף פעולה עם מר מאיר הולדר ז”ל, (בעל בית הדפוס “הלל” בירושלים עיה”ק, שעמד בראש מלאכת התירגום, ואשר הי’ שותף לארטסקרול בההו”ל של ספרי הרב זוין באנגלית), על יסוד מסורה בע”פ שקיבל הלה ממשפחת הרב זוין. לפי מסורה זו, סיגנון השורות המופיעות ב”המועדים בהלכה” בלה”ק (עד עצם היום הזה) ע”ד ביטול דין קריעה על ערי יהודה אינן מתאימות לסוף דעתו של הרב זוין. שורות אלו ניתוספו ע”י הרב זוין במהדורת הספר שי”ל כמה חדשים לאחרי התייסדות מדינת ישראל, נכתבו בתקופה שהיו, להרב זוין (ולאחרים כמותו), תקוות גדולות לעתידה של המדינה ולהשפעתה על החיים הרוחניים של הגרים בארץ ישראל. ברבות הזמן בטלו סיכויים אלו, אז התאכזב הרב זוין וחזר בו ממ”ש ב”המועדים בהלכה” הנ”ל. עכת”ד מסורת מר הולדר.

 

 

הרבנים שרמן וזלאטאוויץ טוענים שאין להעלות על הדעת שמר הולדר, שהי’ [לפי דבריהם] מידידי בית הרב זוין ואיש רב פעלים בהפצת “כתבי הצדיק הזה” [=הגרש”י זוין] זצ”ל, הי’ חשוד על נתינת יד למזייפים. עאכו”כ שלא הי’ עושה בעצמו שום שינוי ב”המועדים בהלכה” שאינו בהתאם גמור ל”מחשבת הרב זוין”. ע”פ שנים עדים אלו (הרבנים שרמן וזלאטאוויץ) הסיגנון המופיע ב”המועדים בהלכה” מהדורת ארטסקרול משקף ביתר דייקנות את משנתו האחרונה של הרב זוין בקשר לחיוב קריעה על ערי יהודה.

 

[יש לציין שגם במהדורא חדשה של “המועדים בהלכה” שנדפסה ע”י “ארטסקרול” בשנת תשנ”ט – בה תיקנו כמה שגיאות וכיו”ב – עמדו הרבנים זלאטאוויץ ושרמן על משמרתם והניחו את הגירסא החדשה (שע”פ מסורת מר הולדר) במקומה. לאידך גיסא, בכל המהדורות של “המועדים בהלכה” שי”ל בלה”ק לאחרי פטירתו של הרב זוין (שראיתי) נמצאות השורות הנ”ל כצלמן וכתבניתן במהדורות שראו אור בחייו].

 

מר הולדר כבר שחל”ח וע”כ אין אפשרות לברר אצלו אם אכן הי’ ממעתיקי השמועה ומה באמת היתה מדת מעורבתו בהשינויים הנ”ל, שע”פ העדים הנ”ל נעשו ע”פ מסורת שקיבל ממשפחתו של הגרש”י זוין. [אם אמת נכון הדבר שמר הולדר הי’ מחולל השינוי, צע”ק שלא מצא מר הולדר לנכון לעשות השינויים במהדורת “המועדים בהלכה” שהו”ל באותה תקופה בלה”ק, ועכ”פ לציין בשוה”ג שהנדפס אינו אלא משנה ראשונה של המחבר]. ובכל אופן, נ”ל שטענות הרבנים זלאטאוויץ ושרמן [ומר הולדר?] ע”ד עמדתו של הגרש”י אינן עומדות בפני הביקורת, ומפני כמה טעמים. [מקצת מטענות א-ב דלהלן כבר הביע בשעתו מר טרי נאוועטסקי במכתב תגובה לטענות הרבנים הנ”ל ונדפס במכ”ע טראדישען שם 23:1 עמוד 98 ואילך].

 

(א) מאז היווסד מדינת ישראל נדפס ספר “המועדים בהלכה” בכו”כ מהדורות בחייו של הרב זוין [
מהדורא שניה – ירושלים תש”ט; מהדורא שלישית – ירושלים תשי”ד; מהדורא חמישית – תל אביב תשט”ז; מהדורא שישית – ירושלים תש”כ. ועוד]. הרב זוין עשה כמה כמה תיקונים והכניס כמה וכמה הוספות קטנות וגם גדולות במהדורות השונות של הספר. על כן, למרות שבספרו זה “לא נתכוון המחבר להקנות לקוראיו דינים ופסקים” (הקדמת הרב זוין ל”המועדים בהלכה”), מ”מ בהתחשב עם זה ש”הספר נועד בעיקר לקהל הרחב . . . מורים ומחנכים” (הקדמה הנ”ל שם) מסתבר שאם באמת חזר בו הרב זוין לא הי’ מניח משנה ראשונה במקומה, וע”ד האמור (איוב יא, יד. כתובות יט, ע”ב) “אל תשכן באהליך עוולה”. ומדחזינן שבענינים אחרים אכן שינה, הוסיף וגרע [אפילו בכה”ג שלא הי’ מקום לחשוש לביטול מצוה או לאפרושי מאיסורא], ובנדו”ד השאיר את הדברים על מכונם, מסתבר לומר שבאמת לא חזר בו, וחזקה על חבר שאינו מוציא מתח”י דבר שאינו מתוקן.
(ב) אין התשובה ממין הטענה כלל, דאם אמנם על השינוי מ”מסתבר” ל”יש מקום לטעון” [אין ולאו ורפיא בידי’] אנו דנים, אכן יש מקום להסברא שהתאכזבותו ממצבה הרוחני של מדינת ישראל גרם להרב זוין לנטות מצידוד חזק [“מסתבר”] לביטול חיוב קריעה [כשיטת האג”מ הנ”ל] ל”הלכה רופפת” [“יש מקום לחלוק ולומר”] בענין זה, וע”פ המבואר לקמן בפנים שיש אומרים דשלטון מדינת אינו בגדר שלטון ישראל. אבל אין אכזבה זו דורשת (1) העלמת שם “מדינת ישראל”, שם שהרבה הרב זוין להשתמש בו בכ”מ. (2) השמטת ביטוי של שמחה והודי’ להשי”ת – “אשרינו שזכינו לכך” – על הקמת המדינה. הגע בעצמך: אין ספק שהגרמ”פ (שהי’ מחברי מועצת גדולי אגודת ישראל) גם הוא התאכזב ממצב היהדות בארץ ישראל תחת שלטון מדינת ישראל [ראה מ”ש באג”מ יו”ד ח”ב סמ”ה בא”ד ש”במדינת ישראל, אין אנו אחראין להנהגת המלכות דשם שהיא בעוה”ר אצל כופרים ומומרים ואין מתחשבים עם . . . כל איסורי התורה החמורים ביותר והמפורשים בגמרא ובקראי”. וראה גם אג”מ חו”מ ח”ב סו”ס סט, ועוד], ואעפ”כ כתב באג”מ בשנת תשמ”א, וכנ”ל, “עתה שבחסדי השם יתברך אין מושלים האומות על ערי יהודה ועל ירושלים [הוא טעם גדול שלא לקרוע]”, הרי שהעברת השלטון מידי האומות לידי ממשלת ישראל הוא מ”חסדי השי”ת”! ואם הגרמ”פ הי’ מודה להקב”ה על חסד זה, מה הכריח את הרבנים זלאטאוויץ ושרמן לעשות את הרב זווין (שגם בסוף חייו פירסם בקהל רב שהוא נוהג להצביע עבור רשימת המפד”ל) לכפוי טובה שאינו מכיר בניסו?
והוא העיקר: יחסו החיובי של הרב זוין למדינת ישראל בא לידי ביטוי בעוד מקומות מפיו ומפי כתביו. הנה שתי דוגמאות לכך: (1) בספרו “לאור ההלכה” (מהדורא שניה, תל אביב תשי”ז, כמה שנים לאחרי הקמת המדינה) תיקן את מאמרו “המלחמה” והוסיף בה דברים שלא היו יכולים להכתב במהדורא הראשונה של המאמר שהדפיס לפני הקמת המדינה (ב”לאור הלכה” ירושלים ה’תש”ו), ובתו”ד (עמוד סה) כתב לאמר: “בימינו אנו שזכינו לתקומת מדינת ישראל העצמאית, משוחררת מעול מלכויות . . . הרי מלחמת השחרור ברור שהיו לה כל דיני מלחמת מצוה וחובה”. [גם ספר “לאור ההלכה” חזרה ונדפסה כמ”פ (במשך ימי חיי הרב זוין) עם תיקונים והוספות, ומשנה זו לא זזה ממקומה]. (2) (2) בראיון שהעניק למכ”ע “הצופה” שי”ל לראש השנה ה’תשל”ו קרוב לשלשים שנה לאחרי הקמת מדינת ישראל וכשנתיים לפני פטירת הרב (בשנת תשל”ח). באותו ראיון אמר הרב זוין: “הרי מדינת ישראל עם כל ליקוייה הרבים בשטח החינוך הלא-דתי וכו’ הרי עם כל זה עלינו לראות את צדדיה החיוביים: הלא רק בחמש השנים האחרונות בלבד היא הצילה יותר ממאה אלף יהודים מטמיעה מוחלטת ושמד רוחני ברוסיה הסובייטית, אשר רבים מהם לומדים עתה כאן בבתי ספר דתיים ואף בישיבות; ועוד היד שלנו נטוי’ לקלוט מהם בעז”ה כהנה וכהנה”.
לית דין צריך בושש שהרב זוין, שהכיר מקרוב את תהליך התפתחות אופיה הרוחני של מדינת ישראל, כבר ידע היטב בשלהי שנת תשל”ה את כל מה שיש לדעת ע”ד צביונה החילוני של מדינת ישראל, ובכל זאת הרי שלך לפניך, שהביע את הערכתו הרבה להקמת מדינת ישראל וחזר והדגיש באר היטב שלמרות כל חסרונותי’ וליקויי’ (‘רבים הם ואי אפשר לפורטם’) הרי הקמת המדינה בארץ ישראל והרווחה בגו”ר שהביאה לעם ישראל הינה זכי’ גדולה וה”ה מהטובות הגדולות שעשה הקב”ה לעמו ישראל וחייבים אנו להודות להקב”ה על קיומה. וא”כ אי אפשר לומר שהשמטת תיבות ההודאה על קיומה של המדינה [“אשרינו שזכינו לכך”] הולמת את שיטת הרב זוין לאחרי אכזבתו.
אמנם למרות כל הנ”ל לא מלאני לבי לבטל מסורתם של מר הולדר ויבלחט”א הרבנים שרמן וזלאטאוויץ עד שהתקשרתי עם משפחת הרב זוין ע”מ לברר וללבן את הדבר. ה’משפחה’ שאיתה עמד מר הולדר בקשר מתמיד, ה”ה הרה”ג ר’ נחום זווין שליט”א, רב בעיה”ק חיפה ת”ו. [בנו יחידו של הגרש”י זווין נלב”ע בחייו, ובנו הרב נחום ירש את הכתבים וכו’ של הגרש”י והוא הוא שמכר את רשות ההדפסה באנגלית למר הולדר]. בשיחה טלפונית שקיימתי עם הרב נחום ביום חמישי י”ד טבת ה’תשס”ד אמר לי בלשון צחה וברורה שלא היו דברים אלו מעולם. הרב נחום זוין נתן לי רשות לפרסם בשמו את אשר מסר לי בענין זה: (א) עד יומו האחרון לא זז הגרש”י מעמדתו ויחסו החיובי למדינת ישראל, עמדה שהתבטאה בכמה משיטותיו והנהגותיו [ולדוגמא: עד שנתו האחרון עלי אדמות ועד בכלל נהג הגרש”י לומר הלל (בלי ברכה) ביום העצמאות וביום ירושלים]. (ב) מעולם לא שמע ממנו שחזר בו משיטתו ע”ד חיוב הקריעה על ערי יהודה, ועד היום הזה (שהודעתיו ע”ד השינויים הנ”ל ב”המועדים בהלכה” מהדורת ארטסקרול) לא ידע אפילו שהי’ אי פעם איזו סברא והו”א (בתוך המשפחה או מחוצה לה) לומר שהגרש”י שינה את דעתו בנידון, ולמותר להגיד שמעולם לא דיבר, לא דבר ולא חצי דבר, לא עם מר הולדר ולא עם שום נציג הוצאת ארטסקרול, על דבר ענין זה. והשתא הדברים מחוורים כשמלה, שמעולם לא היתה ולא היתה יכולה להיות ‘מסורת חשאית’ ממשפחת הרב זוין בנדו”ד, כי מעולם לא חזר בו הרב זוין מדעתו הראשונה, ואין שום סתירה כלל במשנת הגרש”י שהיתה קב ונקי. אין כאן המקום להאריך בהשערות, על מה ולמה החליטו המו”ל של כתבי הגרש”י באנגלית לעשות בדבריו כבתוך שלהם ולייחס אליו דברים שהם זרים לרוחו. מה שחשוב למבקשי האמת הוא, בירור דעתו של הרב זוין בנידון, ולזה הגענו בעז”ה – ואין שמחה כהתרת הספיקות.
[דא”ג: ראה זה פלא! לאחרונה יצא לאור “תלמוד בבלי מסכת מועד קטן” מהדורת שוטנסטיין (דפוס “מסורה” ה’תשנ”ט) תחת השגחת הרבנים זלאטאוויץ ושרמן, ושם דף כו ע”א הערה 43 ציינו (בקשר לחיוב קריעה על ערי יהודה וירושלים בזמן הזה) לדברי הגרמ”פ באג”מ ח”ה הנ”ל, שם כתב שבזמן הזה בטל חיוב קריעה גם על ירושלים עיר הקודש, ולא ציינו כלל להפוסקים הרבים המובאים לקמן בפנים דס”ל שחיוב קריעה על ירושלים במקומו עומד, גם לא ציינו לעמדתו הרופפת של הרב זווין (ע”פ ‘מסורת מר הולדר’) שקנתה שביתה במהדורתם של “המועדים בהלכה” לפיה אין להחליט שחיוב קריעה (אפילו על ערי יהודה – ובמכ”ש על ירושלים) בטל בימינו. וצע”ג].

 

In Saul Lieberman and the Orthodox, I called attention to two other examples of censorship (omitting Lieberman’s rabbinic title) in Artscroll’s translation of R. Zevin, so it is obvious that the translators felt it was OK for them to take liberties with the text. I know from speaking to people in the haredi world that this sort of thing is very distressing to them. It is no longer surprising when we see censorship and intentional distortions in haredi works. We even expect this and are surprised when a haredi work is actually honest in how it presents historical matters and issues that are subject to ideological disputes. Yet it doesn’t have to be this way. There is no fundamental reason why haredi works can’t express their position without the all-too-common falsehoods. I think the ones most offended by this are those who are part of the haredi world and believe in its ideology, and don’t understand the need to resort to distortions in order to further the truth.

 

 

In a recent post I gave an example of fraudulence when it came to a haredi newspaper’s obituary of Louis Henkin, the son of R. Joseph Elijah Henkin. In this post, I mentioned that R. Henkin sent his sons to Yeshiva College. R. Eitam Henkin kindly sent me this picture of the tombstone of R. Henkin’s son, Hayyim, who predeceased his father.

 

It is noteworthy that R. Henkin saw fit to mention on the tombstone that Hayyim was a student at Yeshiva College (= Yeshivat R. Yitzhak Elhanan).
I would now like to point to an unintentional error in Artscroll’s translation of Ha-Moadim ba-Halakhah. Before last Pesah I took out my copy of The Festivals in Halachah. In reading the chapter on kitniyot, p. 118, I came across the following.
By way of reply, Rav Shmuel Freund, “judge and posek in the city of Prague”
((דין ומו”צ בק”ק פראג published the pamphlet Keren Shmuel, in which he demonstrates at length that no one has the authority to make these prohibited items (kitnios) permissible.
I immediately suspected something wasn’t right, and when I looked at the original I saw that R. Freund was described as דיין מו”ש דק”ק פראג. In translating these words into English, דיין מו”ש  became דין ומו”צ  (since the English version puts vowels on the Hebrew words  דיין became דין), and דק”ק became בק”ק (this latter point is only a minor error).
R. Zevin’s description of R. Freund is put in quotation marks since it is taken from the cover of his Keren Shmuel, as you can observe here.
The translators (who must never have seen the title page of Keren Shmuel) didn’t know what to make of מו”ש  and assumed that it was a mistake for מו”צ. They therefore “corrected” R. Zevin’s text. This is one of those cases where a few well-placed inquiries would have solved the translators’ problem. Some of the blame for this error should be laid at the feet of R. Zevin, for he never bothered explaining what מו”ש  is and he should have realized that that the typical reader (and translator) wouldn’t have a clue as to its meaning.[9]
מו”ש refers to the highest beit din in Prague, as used in the phrases דיין מו”ש and בית דין מו”ש. But what do the letters מו”ש stand for?[10] This is the subject of an essay by Shaul Kook,[11] and he points out that there has been uncertainty as to the meaning of מו”ש.[12] In fact, R. Solomon Judah Rapoport, who was chief rabbi of Prague and a member of the בית דין מו”ש, was unaware of the meaning.[13] After examining the evidence, Kook concludes that מו”ש stands for מורה שוה. This appears to mean that all the dayanim on the beit din were regarded as having equal standing. The בית דין מו”ש of Prague actually served as an appeals court, something that was found in other cities as well, even going back to Spain.[14] R. Yair Hayyim Bacharach, Havot Yair, no. 124, refers to one of the dayanim on this beit din as  אפילאנט, and the new edition of Havot Yair helpfully points out that the meaning of this is דיין לערעורים.[15]
Some people have the notion that the appeals court of the Israeli Chief Rabbinate is a completely new concept, first established during the time of R. Kook. This is a false assumption.[16] (The Chief Rabbinate’s בית דין לערעורים is also known as בית דין הגדול).
R. Moshe Taub has called my attention to another error in the translation of Ha-Moadim ba-Halakhah. In discussing what should be done first, Havdalah or lighting the menorah, R. Zevin writes (p. 204):
ברוב המקומות נתקבל המנהג שבבית מבדילים קודם, ובבית הכנסת מדליקים קודם
The translation, p. 89, has this sentence completely backwards: “Most communities have adopted the following custom: at home – Chanukah lights are lit first; in the synagogue – Havdalah first.”
Since we are on the issue of errors in Artscroll, here is another one which was called to my attention by Prof. Daniel Lasker. In the commentary to Numbers 25:1, Artscroll states:
After Balaam’s utter failure to curse Israel, he had one last hope. Knowing that sexual morality is a foundation of Jewish holiness and that God does not tolerate immorality – the only time the Torah speaks of God’s anger as אף, wrath, is when it is provoked by immorality (Moreh Nevuchim 1:36) – Balaam counseled Balak to entice Jewish men to debauchery.
Yet Rambam does not say what Artscroll attributes to him. Here is what appears in Guide 1:36:
Know that if you consider the whole of the Torah and all the books of the prophets, you will find  that the expressions “wrath” [חרון אף], “anger” [כעס], and “jealousy” [קנאה], are exclusively used with reference to idolatry.
The Rambam says that the language of “wrath” is only used with reference to idolatry, but somehow in Artscroll idolatry became (sexual) immorality. This text of the Moreh Nevukhim is actually quite a famous and difficult one, and the commentators discuss how Maimonides could say that ויחר אף is only used with reference to idolatry when the Torah clearly provides examples of the words in other contexts. In his commentary, ad loc, R. Kafih throws up his hands and admits that he has no solution.
ושכאני לעצמי כל התירוצים לא מצאו מסלות בלבבי, והקושיא היא כל כך פשוטה עד שלא יתכן שהיא קושיא, אלא שאיני יודע היאך אינה קושיא
Returning to the issue of kitniyot, in a previous post I raised the question as to why, according to R. Ovadiah Yosef, all Sephardim and Yemenites who live in Israel are to follow the practices of the Shulhan Arukh but he doesn’t insist on this when it comes to Ashkenazim. If R. Joseph Karo is the mara de-atra, shouldn’t this apply to Ashkenazim as well?[17] I once again wrote to R. Avraham Yosef and R. Yitzhak Yosef seeking clarification. Here is R. Avraham’s letter.
Unfortunately, his history is incorrect. To begin with, it is not true that all of the Ashkenazim who came on aliyah before the “mass aliyah” (which apparently refers to the late nineteenth century) adopted the practices of the Sephardim.[18] It is also not true that the beit din established by the Ashkenazim in the nineteenth century is the beit din of the Edah Haredit. The Edah Haredit is a twentieth-century phenomenon. The historical successor of the beit din of R. Shmuel Salant was the Jerusalem beit din of which R. Kook was av beit din, as he was the rav of Jerusalem (and R. Zvi Pesah Frank served on the batei din of both R. Salant and R. Kook). The Edah Haredit beit din was a completely new creation. As for the Yemenites, Moroccans, and Iraqis, when the great immigration of these groups occurred, many thousands came on aliyah together, (i.e., as complete communities) and thus they never saw themselves as required to reject their practices in favor of the Shulhan Arukh. The fact that they didn’t establish special batei din is irrelevant. In fact, R. Avraham’s last paragraph is a good description of how these communities arrived in the Land of Israel, and is precisely the reason why their rabbinic leaders almost uniformly rejected R. Ovadiah Yosef’s demand that they adopt the Shulhan Arukh in all particulars.
Here is R. Yitzhak Yosef’s letter to me, which has a different perspective.
He cites R. Joseph Karo’s responsum, Avkat Rokhel, no. 212, which requires newcomers to adopt the practices of the community to which they are going even if they come as large groups. He then says that Ashkenazim never adopted this viewpoint, but instead held to the opinion of R. Meir Eisenstadt (Panim Meirot, vol. 2, no. 133). According to R. Eisenstadt, only individuals who come to a town must adopt the local practice, but not if they come as a group and establish their own community.[19]
Let me now complicate matters further. If you recall, in the earlier post I discussed how R. Ovadiah Yosef’s writings assume that Ashkenazim have to abstain from kitniyot on Pesah. I raised the question if an Ashkenazi could “become Sephardi” and thus start eating kitniyot (and also follow Sephardic practices in all other areas). R. Avraham Yosef wrote to me that this is permissible while R. Yitzhak Yosef wrote that it is not.
R. Yissachar Hoffman called my attention to the fact that in the recent Ma’yan Omer, vol. 11, p. 8, R. Ovadiah was himself asked the following question:
אשכנזי שרוצה לנהוג כמו הספרדים במנהגים ולדוגמא לאכול קטניות בפסח, אך רוצה להמשיך ולהתפלל כנוסח אשכנז. האם הדבר אפשרי.
R. Ovadiah replied:
 יכול רק בקטניות, אך עדיף שבכל ינהג כמרן
What R. Ovadiah is saying (and see also the editor’s note, ad loc., for other examples) is that R. Avraham’s answer is correct, namely, that an Ashkenazi can “become Sephardi” (and eat kitniyot). It is significant that R. Ovadiah allows such a person to continue praying according to Ashkenazic practice. Here are the pages.
2. On my recent tour of Italy I spent a good deal of time speaking about the great sages of Venice and Padua. One such figure was R. Samuel Judah Katzenellenbogen (1521-1597), known as מהרשי”ק, the son of the famous R. Meir Katzenellenbogen, known as Maharam Padua. While R. Samuel Judah Katzenellenbogen is basically forgotten today, he was the most important Venetian rabbi in his day. He was also the father of Saul Wahl, who became famous in Jewish legend as Poland’s “king for a day.”[20]
In 1594, R. Katzenellenbogen’s collection of derashot, entitled Shneim Asar Derashot, appeared. Here is the title page.
When the volume was reprinted in Lemberg in 1798, the publisher made an error and on the title page attributed the volume to מהר”י מינץ , the son of Maharam Padua.
Apart from not knowing who the author of the volume was, the publisher also didn’t realize that R. Judah Mintz (died 1508[21]) was the grandfather of Maharam Padua’s wife, meaning that he was the great-grandfather of R. Samuel Judah Katzenellenbogen.
When the volume was reprinted in Warsaw in 1876 the publisher recognized the problem but confounded matters.
Rather than simply correcting the mistake from the 1798 title page by attributing the volume to R. Samuel Judah Katzenellenbogen, he kept the information from the mistaken title page but tells the reader that מהר”י מינץ is none other than “R. Samuel Judah Mintz”, a previously unheard of name.
The most recent printing has gets it even worse.
Now the original title of the book, שנים עשר דרשות, is simply omitted, and the book is called דרשות מהר”י מינץ
The authentic R. Judah Mintz of Padua is known for his volume of responsa that was published in Venice in 1553, together with the responsa of R. Meir Katzenellenbogen. Here is the title page.
R Judah Mintz’s responsa were reprinted in Munkacs in 1898 together with a lengthy commentary by R. Johanan Preshil.
The book was also reprinted in 1995, edited by R. Asher Siev.
Unfortunately, Siev was unaware of the 1898 edition. He also makes the mistake (see p. 353) of stating that R. Samuel Judah Katzenellenbogen was referred to as מהר”י מינץ because his mother’s family name was Mintz. I have seen no evidence that he was ever referred to as such in his lifetime or in the years after, and as mentioned, this was simply a printer’s mistake. I consulted with Professor Reuven Bonfil and he too is unaware of any reference to Katzenellenbogen being referred to as מהר”י מינץ, which supports my assumption that this all goes back to the mistaken title page.[22]
3. In my last post I mentioned how in years past there were shiurim combining students from Merkaz and Chevron and also Merkaz and Kol Torah. This is obviously unimaginable today. For another example showing how Yeshivat Kol Torah has changed, look at this picture, which appears in Yosef and Ruth Eliyahu, Ha-Torah ha-Mesamahat (Beit El, 1998), p. 105.
I guarantee you that even on the hottest of days, none of the Kol Torah students will be wearing shorts. For those who don’t know, Kol Torah was founded by German Orthodox rabbis and was originally very different than it is today. Here is how it was described upon its founding, in a short notice in Davar, August 27, 1939.
It is hard to imagine today, but this was a yeshiva that actually intended for some of its students to take up agriculture. See also here which cites R. Hayyim Eliezer Bichovski, Kitvei ha-Rav Hayyim Eliezer Bichovski (Brookyn, 1990), p. 180, that the Chafetz Chaim said that yeshiva students in Eretz Yisrael should learn nine months a year and work the land the other three months
Speaking of shorts, here are a couple of pictures showing how the boys of the German Orthodox separatist Adass Jisroel community looked when playing sports (also notice the lack of kippot).
This was the community of R. Esriel Hildesheimer and R. David Zvi Hoffmann. The pictures come from Mario Offenburg, ed., Adass Jisroel die Juedische Gemeinde in Berlin (1869-1942): Vernichtet und Vergessen (Berlin, 1986).
Here is how the girls dressed for sports, also with shorts and sleeveless.
And here is how the boys and girls looked when not at a sporting event.
These pictures come from Max Sinasohn, ed., Adass Jisroel Berlin (Jerusalem, 1966).[23]
4. Some people didn’t appreciate the humor in my post with regard to the Gaon R. Mizrach-Etz. I think they should lighten up, and in a previous post, available here, I gave some references to humor in rabbinic literature. This was followed up by a more extensive post by Ezra Brand, available here.
According to the commentary Siftei Hakhamim, it is not just the talmudic sages who would at times show their humorous side, but on at least one occasion Moses thought that God himself was joking with him!
In Ex. 33:13 Moses says to God: ועתה אם נא מצאתי חן בעיניך. Rashi explains this to mean: “If it is true that I have found favor in Your eyes.” This means that Moses was in some doubt as to whether he found favor in God’s eyes, but this is problematic since in the previous verse Moses quotes God as saying to him, “you have also found favor in My eyes.” So if God told Moses that he found favor in His eyes, how can Moses be in doubt and say to God, “If I have found favor in Your eyes”?
Here is the Siftei Hakhamim.
According to Siftei Hakhamim, Moses was in doubt if he really found favor in God’s eyes, since even though God said he did, perhaps God was joking just like people joke around!
דלמא מה שאמרת מצאת חן בעיני מצחק היית בי כדרך בני אדם
5. I want to call readers’ attention to a recent book, Shevilei Nissan, which is a collection of previously published essays from R. Nissan Waxman. There is lots of interesting material in the book, and let me mention just a few things.
In Studies in Maimonides and His Interpreters, p. 75 n. 302, I referred to R. Yaakov Avigdor’s strong criticism of R. Hayyim Soloveitchik’s approach. R. Avigdor also criticized R. Solomon Polachek, the Meitchiter. R. Waxman was a student of the Meitchiter, and on p. 23 n. 1, he comes to his teacher’s defense.
On p. 150, R. Waxman, who was the rav of Lakewood, mentions the problem of how some yeshiva students are halakhically more stringent than their teachers. He quotes R. Yaakov Kamenetsky in the name of R. Aharon Kotler how a student once visited R. Kotler and when the latter offered the student some cookies, the student was reluctant to take before asking which bakery they came from. (Perhaps this behavior can be explained by what I have heard – and maybe someone can confirm this – that in R. Aharon Kotler’s day the Lakewood bakery Gelbstein was not under hashgachah, and yet R. Kotler bought his challot from it. See also here and here The original post referred to in these links has definitely been taken down.)
On p. 233, R. Waxman notes that even though we have the principle, “A Jew who sins remains a Jew”, in actuality, it is possible for a Jew to so remove himself from the Jewish people (e.g., apostasy) that as far as most things are concerned, he is indeed no longer regarded as Jewish. This essay was written concerning the “Brother Daniel” case, and R. Waxman’s approach is similar to that of R. Aharon Lichtenstein who also wrote a famous article on the topic, “Brother Daniel and the Jewish Fraternity,” republished in Leaves of Faith, vol. 2, ch. 3.
On pp. 251ff., R. Waxman deals with Menahem Mendel Lefin’s Heshbon ha-Nefesh, an influential mussar text which as many know was influenced by a work of Benjamin Franklin.
6. I want to also call readers’ attention to two other books recently sent to me. The first is R. David Brofsky, Hilkhot Moadim: Understanding the Laws of the Festivals. This is very large book (over 700 pages) dealing with the Holidays and is a welcome addition to the growing number of non-haredi halakhah works in English.. In a future post I hope to deal with it in greater depth. The second book is Haym Soloveitchik, Collected Essays, vol. 1, published by Littman Library, my favorite publisher. This book is required reading for anyone with an interest in the history of medieval halakhah. I was happy to see that it also includes two essays that appear here for the first time. Furthermore, Soloveitchik’s classic essay on pawnbroking (which was his first significant article) has been expanded to almost double the size of the original. In the new preface to the essay, he writes: “Every essay is written for an imagined audience, and mine was intended for the eyes of Jacob Katz, Saul Lieberman, and my father.”
[1] I also must point out that someone involved with hebrewbooks.org informed me that the essay was not removed from the site because it was viewed as “problematic”, but because they were requested to do so by one of the members of R. Zevin’s family who claimed to hold the copyright to the work. This is obviously a false claim, since as we have seen there is no proof that R. Zevin wrote the essay.
[2] See R. Waldenberg, Hilkhot Medinah, vol. 2, pp. 14, 60, 62, and R. Frank’s haskamah, ibid., pp. 17.
[3] See Jack Feinhotz’s letter in Tradition 22 (Winter 1987), p. 120. R. Zevin’s view, that there is no need for keriah, was also advocated by R. Reuven Katz, Sha’ar Reuven (Jerusalem, 1952), p. 32.
[4] See Terry Novetsky’s letter in Tradition 23 (Summer 1987), pp. 98-99.
[5] Tradition 22 (Winter 1987), p. 120.
[6] In the interview with R. Zevin that appeared in my last post, R. Nahum’s comments tended to be somewhat dogmatic, even “haredi”, and should be contrasted with his grandfather’s words.
[7] Even among the vast majority of Lubavitchers this is the case (so I am informed by R. Chaim Rapoport). This is quite strange since the Rebbe held that you have to do keriah. What this shows us is that not everything advocated by the Lubavitcher Rebbe was adopted by his hasidim.
[8] See R. Dov Lior, Devar Hevron (Kiryat Arba, 2009), Orah Hayyim no. 567
[9] Even the incredibly learned Meir Benayahu was stumped by מו”ש. See this page from his Tiglahat be-Holo Shel Moed (Jerusalem, 1995), p. 21.

 

Regarding Benayahu, a recent book argues that the missing pages of the Aleppo Codex were not destroyed in Aleppo, but were actually stolen by Benayahu after arriving in Jerusalem. See Matti Friedman, The Aleppo Codex (Chapel Hill, 2012).
[10] I have found one occasion where it is written מ”ש, although this is probably a typo. See R. Yaakov Reischer, Shevut Yaakov, vol. 2, no. 129. R. Reischer was a member of this beit din,
[11] Iyunim u-Mehkarim (Jerusalem, 1963), vol 2, pp. 179ff.
[12] In the Vilna Shulhan Arukh, Yoreh Deah, there is a commentary by R. Jacob Emden. Yet R. Yaakov Hayyim Sofer, Menuhat Shalom, vol. 6, p. 116, shows that it was not written by him, and one of his proofs is that the commentary refers to הגאון אב”ד וב”ד מו”ש, implying that the author lived in Prague.
[13] See Kook, Iyunim u-Mehkarim, p. 180.
[14] See Simhah Assaf, Batei ha-Din ve-Sidreihem Aharei Hatimat ha-Talmud (Jerusalem, 1924), ch. 11.
[15] See ibid., pp. 80ff. for other examples of אפילאנט
[16] This statement should not be taken to imply that the leading rabbis in Eretz Yisrael were happy with the institution of this court, which was pretty much forced upon them by the British. See Amichai Radzyner’s book-length article, “Ha-Rav Uziel, Rabanut Tel Aviv-Yafo, u-Beit Din ha-Gadol le-Irurim: Sipur be-Arba Ma’arakhot” Mekhkerei Mishpat 21 (2004), pp. 120-242.
[17] R. Ovadiah Hadaya, in his approbation to R. Amram Aburabia, Netivei Am (Jerusalem, 1964), states that everyone in Jerusalem should follow “minhag Yerushalayim”. If his opinion is accepted, it would mean the end of any Ashkenazic practices in the city.
[18] Regarding earlier in the nineteenth century, see Yehoshua Kaniel, “Kishrei ha-Edot be-Inyanei Halakhah u-Minhag bi-Yerushalayim ba-Meah ha-Yod Tet,” Morashah 4 (5736), pp. 126-136. In the eighteenth century, the Vilna Gaon was of the opinion that Ashkenazim who come on aliyah should indeed adopt Sephardic practices. See Bezalel Landau, Ha-Gaon he-Hasid mi-Vilna (Jerusalem, 1978), p. 250, n. 30.
[19] This has indeed been the Ashkenazi approach, yet R. Abraham Danzig disagreed. See Hokhmat Adam: Sha’ar Mishpetei ha-Aretz 11:23:
נ”ל דהבאים לא”י אם יקבעו עצמם בעיר שיש שם מנין אעפ”י שהבאים הם מרובים יש להם דין יחיד וחייבים לנהוג חומרי מקום שהלכו לשם ופקעו מהם החומרות שהיו נוהגין במקומם.
[20] As far as I know, R. Samuel Judah Katzenellenbogen was the first great rabbi to have his picture made (unfortunately, it no longer exists). See R. Moses Porti, Palgei Mayim (Venice, 1608), p. 6b (referred to by R. Gedaliah Oberlander, Minhag Avoteinu be-Yadenu [Monsey, 2012], p. 451):
והלא אנכי הייתי הראשון שבקשתי להציב תמונתו לנגד עיני ע”י הצייר ואותה לקחתי לי והצבתיה בבית מדרשי לקיים מה שנאמר והיו עיניך רואות את מוריך
While this picture was hung in the beit midrash, see this post where I mention how R. Pinchas Teitz took down the poster of R. Elchanan Wasserman that I hung up in a room used for tefillah. (R. Porti’s Palgei Mayim is devoted to the famous dispute about the mikveh in Rovigo.)
[21] The standard biographies all record that R. Judah Mintz lived a very long life. This is based on R. Joseph Yavetz, Hasdei Ha-Shem (Jerusalem, 1934), Introduction, p. 9, where R. Yavetz’s son mentions that R. Mintz recited birkat ha-hamah when he was כבן מאה שנה. This would have been in 1505, and he lived another three years after that. R. Meshulam Fishel Behr, Divrei Meshulam (Frankfurt, 1926), pp. 147ff., rejects the younger Yavetz’s testimony and claims that R. Mintz died in his seventies. See, however, R. Naftali Yaakov ha-Kohen, Otzar ha-Gedolim (Haifa, 1967), pp. 35ff.
[22] See also Jewish Encyclopedia, s.v. Katzenellenbogen, Samuel Judah. R. Yissachar Hoffman called my attention to She’elot u-Teshuvot Hakham Zvi, no. 15, where R. Samuel Judah Katzenellenbogen is (mistakenly?) referred to as מהר”י מפאדואה. See also R. Aryeh Yehudah Leib Lifshitz, Avot Atarah le-Vanim (Warsaw, 1927), p. 48 n. 44
[23] When I was in high school in the early 1980s, in the New Jersey-New York yeshiva league only the girls of Bruriah wore sweat pants during basketball games (and the boys were not allowed to attend home games). At the other high schools the girls wore shorts. Today, the league requires all girls to wear sweat pants (i.e., not even long shorts). For a wonderful discussion of the yeshiva basketball league, see Jeffrey S. Gurock, Judaism’s Encounter with American Sports (Bloomington, 2005), ch. 7. Gurock discusses how for six years in the early 1950s, Yeshiva Chaim Berlin was part of the basketball league together with the Modern Orthodox co-ed high schools, something that could never happen today. During this time co-ed schools had cheerleaders, and this was a major factor in forcing Chaim Berlin to leave the league. (Mesivta Tifereth Jerusalem was also in the league for two years.) When I mention cheerleaders, don’t think of current NFL cheerleader outfits. Here, for example, is how the Brooklyn Central girls looked (from Gurock, p. 143).
Yet Gurock, ibid., points out that “as the 1950s progressed, the Brooklyn Central cheerleaders’ skirts also got shorter and shorter.” (Speaking of short skirts, anyone who has looked at Modern Orthodox yeshiva high school yearbooks from the early 1970s will see that the mini-skirt craze was also tolerated at these institutions.)