Marc B. Shapiro: A Tale of Two Lost Archives

A Tale of Two Lost Archives
by
Marc B. Shapiro
I have spent much of my professional life rummaging through collections of documents, mostly in well-kept archives, but sometimes also in hard-to-reach places in basements and attics. Fortunately, I have made some great discoveries in these places, but I will now tell you a story that doesn’t have a happy ending.
It begins around fifteen years ago, when I was researching the life of R. Jehiel Jacob Weinberg. With the strength that only someone in his twenties has, I traveled around the world, knocking on doors, and tracking down every letter I could find written by Weinberg.[1] During this time I was in touch with the widow of R Hillel Medalie. While not a student of Weinberg, Medalie became close to him after the war. During this time he was serving as rabbi of Leeds, a tenure which incidentally led to a terrible dispute with R. Solomon Fisch, another rabbi in Leeds.[2] The dispute was so bad that Fisch refused to serve with Medalie on the Leeds beit din, and R. Joseph Apfel was appointed a dayan in Fisch’s place. Apfel was a student of Weinberg, and more responsa in Seridei Esh are addressed to him than anyone else. At this time, he was serving as a hazan in Leeds, but after being appointed to the beit din his impressive learning was able to come to the fore.
In 1996 Apfel published Yad Yosef, which contains his collected writings. It also contains letters from numerous great Torah scholars including R. Jehiel Jacob Weinberg, R. Dov Berish Wiedenfeld, the Lubavitcher Rebbe, R. Isaac Jacob Weiss and R. Nachum Eliezer Rabinovitch. Among the most interesting teshuvot is one that is written by R. Pinhas Toledano, the Sephardic Av Beit Din of London. Apfel turned to him with the following problem: In Leeds there is a Jewish old age home and a non-Jew cooks for the residents on Shabbat. Is this permissible? Apfel had argued that the elderly residents are regarded as holeh she-ein bo sakanah, and it is permissible for a non-Jew to cook for a holeh she-ein bo sakanah. Others disagreed and Apfel turned to Toledano for his opinion.[3]
Toledano points out that while Apfel is correct that a non-Jew may cook for a holeh she-ein bo sakanah, (see Shulhan Arukh, Orah Hayyim 328:19), it is not at all clear that all old people have this status. Nowhere in the poskim do we find such a notion. So apparently, only for those elderly who suffer from diabetes, asthma or the like can the non-Jew cook. Yet Toledano concludes that the cooking is nevertheless permissible. Since the non-Jew is hired for the entire year, i.e., a contract worker, and can miss some days (vacation, etc.), there is room for leniency. While normally melakhah cannot be done in the house of a Jew because people will assume that the worker was hired to do the labor on Shabbat, in this case everyone knows that the cook is not hired on a daily basis. Toledano supports this contention by pointing out that in London everyone has milk delivered to the house on Shabbat and no one has raised any problems with this. I am too young to remember milk delivery, but I assume that this was the case in the U.S. as well, and the parallel is the daily delivery of newspapers. Toledano therefore concludes that it is permissible to have the non-Jew cook in the old age home. Yet he adds that even though halakhically this is OK, since it is very strange to permit such a thing in a Jewish old age home, the best thing to do is to cook the food on Friday and put it on a hot plate on Shabbat.
Returning to Medalie, from Leeds he went on to become the rabbi of the Antwerp community. After his death in 1977, a very nice memorial volume appeared honoring both him and his father, R. Shemariah Judah Leib Medalie.[4]
Here is a picture of R. Hillel.

Here is R. Shemariah.

Although he came from a Chabad background, I don’t know how strong Medalie’s connection was to the movement throughout his life. His father, R. Shemariah, was close to the Rebbe, R. Yosef Yitzhak, and was a very important figure in Chabad spiritual activities in the Soviet Union.[5] He was also a major figure in the political activities that took place in Russian Orthodoxy after the fall of the Czar.[6] In 1933 he was appointed rabbi of the Moscow synagogue, which meant that he was regarded as the rav of the entire city, and also made him the most important rabbi in the Soviet Union.

Before he left the country, R Hillel Medalie studied in a secret yeshiva that was headed by R. Mordechai Feinstein, R. Moshe’s brother, who was the rav of Shklov. R. Moshe Zvi Neriyah was also a student here. The communists would later exile R. Mordechai to Siberia, where he died.[7] In the 1950’s Medalie wrote to Weinberg about his attempts to secure his father’s release from the Soviet Union. It had been years since he had communicated with his father and he did not know that in 1938 R. Shemariah was arrested, accused of counter-revolutionary activities, and shot.[8]

R. Shemariah was one of many great talmidei hakhamim who were stuck behind the Iron Curtain, and even if not killed by the regime, lived out their days in what can only be described as a living hell.[9] While it was bad for everyone in the Soviet Union, for those whose lives revolved around Torah it was even worse. In accordance with the Lubavitcher Rebbe’s wishes, the elder Medalie did not attempt to leave the Soviet Union. While other rebbes and great rabbis were fleeing the country, the Rebbe told his followers to stay, as it was their responsibility to bring Torah to the Jewish people, even in times and places of darkness. He told them that they should not only think about their own physical and spiritual well-being but that of the Jewish people as a whole.

The Rebbe only changed his position in 1930 “when Stalinist terror was unleashed against rabbis and religious functionaries. But by then the difficulties connected with leaving the USSR were formidable and large scale emigration was impossible.”[10] What this meant was that virtually all of the children and grandchildren of these hasidim ended up completely assimilating, and I think that in retrospect we can say that it was a terrible misjudgment. However, it must also be stated that when communism fell, there were still Habad families that had remained religious throughout all this time. The next time someone complains about how Habad is now dominating religious life in the former Soviet Union, he should remember this.

This reluctance towards leaving the galut, even to go to Israel, is tied in with the Habad ideology that stresses the need to keep Judaism alive throughout the world. While this is generally a very good thing, as all world travelers can attest, sometimes the way it is expressed can be maddening for a religious Zionist to read. For example, in 1955, a few years after he became Rebbe, R. Menahem Mendel Schneersohn said as follows to his followers (Sihah for 20 Av, 5715):

גם כאשר נמצאים בחוץ לארץ הרי זה המקום אשר יבחר ה’ אלקיך בו, וגם כאן יכולה להיות עבודת הקרבנות ברוחניות . . . וזוהי ההוראה שצריכים להפיק מפרשת היום – ש”בכל המקום אשר אזכיר את שמי” הרי זה ארץ ישראל

This downplaying of the Land of Israel was too much for R. Zvi Yehudah Kook, and he responded as follows (Le-Hilkhot Tzibur, p. 33):

התואר “המקום אשר יבחר ד’ א-להיך בו” נאמר בתורת ד’ מן השמים רק על קדושת ארץ ישראל וירושלים שאיננה ניתנת להעברה וחלופין ח”ו על שום מקום בעולם . . . עבודת הקודש של העסק בתורה, שקידתה, הגדלתה והאדרתה וחרדת קודש של קיום מצוותיה הקדושות באמונה שלימה, ולדבקה בד’ א-להים חיים ללכת בדרכיו, והחיוב על כל אדם מישראל לחזור כל ימיו בתשובה, לעולם לא תעקור, לא תמלא את המקום ולא תחליף את מצוות ד’ של עבודת הקרבנות, שמקומה רק בפנים ולא מבחוץ. “בכל מקום אשר אזכיר שמי, שם ארץ ישראל” – ארץ ישראל מוגדרת ומוגבלת ומסומנת לקדושתה וסגולתה ולהגדרות חיובי מצוותיה ממקורות תורה שבכתב ותורה שבע”פ מקורות חז”ל דברי רבותינו גדולי ישראל ראשונים ואחרונים. וזה לשון הגמרא ברכות דף נז. “העומד ערום בחלום, בבבל עומד בלא חטא, בארץ ישראל ערום בלא מצוות” ולשון קדשו של רש”י שם: “בבבל עומד בלא חטא, לפי שחו”ל אין לה זכיות, אלא עוון יש בישבתה וזה עומד ערום בלא אותם עוונות.” ע”כ

Returning to Medalie, he also had a very good secular education, having received an MA from the University of Manchester and a doctorate from Trinity College in Dublin. In fact, Moshe Sharett, who was Israel’s first foreign minister, wanted Medalie to serve as Israel’s ambassador to Great Britain. Medalie declined the request after discussing the matter with the Hazon Ish.[11] Knowing of his closeness to Weinberg, I was anxious to examine his papers to find any letters from him, as well as from other great rabbis. His widow told me that all of his papers had been deposited at Machon Ariel in Jerusalem. No one had gone through them; they had simply been thrown into boxes and taken away.

Around twelve years ago I went to Machon Ariel to try to find out something about the papers. No one could tell me anything and I almost despaired. Fortunately, with the help of a janitor I found two giant boxes in a storage room in the basement. This contained all the materials taken from Medalie’s home. There was no light in the storage room or even in the basement (something was wrong with the electricity that day). The only light I had was from the windows on the top of the basement walls. I took the boxes, one at a time, and emptied them on the floor. I then spent a number of hours going through all the papers, putting aside everything that came from Weinberg. The rest of the material, including letters, speeches, and pictures, was of great interest and documented many years in the rabbinate. But this would have to wait until another day. For now, my focus was on in finding the Weinberg material, and I was able to make copies of whatever I located. I used a number of the Weinberg letters in my book and also published some of them in Kitvei ha-Rav Weinberg, vols. 1 and 2.

I was leaving for the U.S. on the following day, so I made a note to myself to come back to Machon Ariel and carefully go through both large boxes. I knew that there was all sorts of fascinating material in these boxes and was very excited about a return trip. Shortly before I left, I looked at another large box (or maybe even two or three; I can no longer recall). This was full of Pinchas Peli’s papers. Peli, who was a distinguished person in his own right, played a major role in bringing knowledge of R. Soloveitchik’s thought to Israel, with the publication in 1975 of Al ha-Teshuvah. Here is his picture.

Peli had a nice relationship with the Rav and I had no doubt that there were letters from the him among the Peli papers, but this too have to await a return trip. I was certain that no one would beat me to this, as no one cared, or even know, about the dusty boxes in the basement storage room, which had dishes and glasses in front of them. (There was a small catering business in the basement.) I had seen it before – boxes placed in some far-removed place where they remain for years and years, out of sight and out of mind, much like the Cairo Geniza. There is no doubt that when the Medalie and Peli papers were donated, the survivors didn’t expect that they would be put in some far away place where no one could examine them. They thought that the papers would be catalogued and kept in some sort of archive. Since Machon Ariel had not done anything in this direction, I figured that on a future visit I would take out all of the important material and then speak to the people in charge, alerting them to whatever treasures I had found and asking that they be kept in some sort of archive.

Mrs. Medalie told me that when the papers were at her home, some Chabad people had already looked through them for material from the Rebbe. She asked me to keep an eye out for any letters from him. Unfortunately, I didn’t see anything, and presumably the material had already been removed. There are some letters to Medalie in the Rebbe’s published correspondence. However, there are also many that do not appear there, but are found in R. Shalom Dov Ber Wolpo’s Shemen Sason le-Haverekha,[12] which has a lengthy chapter on Medalie and the Rebbe. I assume that the new letters published here are what that the Chabad people found at the Medalie home.

While I was working in the basement no one was watching me. No one even knew I was there. I could have walked off with anything. I considered the possibility that all this precious material would one day be lost, since Machon Ariel had no interest in it. (They probably accepted it in order to do the families a favor, but didn’t have the resources to do anything with the boxes). I rationalized to myself that since the material wasn’t being taken care of properly, something should be done. I thought that since I could watch over it and give the material a good “home,” that it would be OK for me to walk off with it. But I immediately squelched the thought, since stealing is always improper. Although there is a long list of people who have pilfered books and manuscripts, I didn’t want to join the list, even for the best possible reason.

In January 2007 I finally had the opportunity to return to Machon Ariel to pick up where I left off. I saw that the basement is now a nursery school. Everything that used to be there was removed a number of years ago. There was no one there to talk to about this at the time, but in June 2008 I returned and had the janitor take me around. The boxes were nowhere to be seen. None of the administrators had any idea what I was talking about. I was shown the library, which is undergoing renovations. It was a mess and there were a bunch of boxes that were set to be taken to genizah the following day. What a story it could have been if I had been able to save the Peli and Medalie boxes one day before they were to be lost? But unfortunately, the material was not there. I assume that when the new construction happened in the basement, the boxes were thrown out like so much other garbage. For an average person looking at a large box with old papers, it certainly would have looked like garbage. Yet how much precious material is now lost forever.

For all the great and important material found in archives around the world, much more has been lost. In fact, only a few years ago the son of one of Weinberg’s students contacted me about getting copies of the letters of Weinberg to his father, since they can’t find the originals. The father gave me copies many years ago and now they are lost. After he passed away and his house was cleaned, the letters were mistakenly thrown out. Such was probably the fate of many of the Weinberg letters that I was given copies of. It is the way of the world and there is little we can do about it, but it is frustrating nonetheless.

The visit to Machon Ariel was noteworthy in at least one respect. On the floor of the library, waiting to be sent to the genizah, was a large pile of issues of Panim el Panim. This was a weekly that appeared in the 1950’s and 1960’s, edited by Peli, which covered the entire range of Orthodox life, and included interviews with leading figures from all camps. Unfortunately, it is not available online. One of its outstanding features were the numerous pictures of gedolim, rabbis, scholars, and public figures, many of which are found nowhere else. I grabbed one issue (20 Elul 5724), in order to have something to read in the hotel, and in it one finds the following pictures of Abraham Berliner

and Jacob Barth,

which as far as I know do not appear anywhere else.

Here is a picture of R. Aaron Walkin of Pinsk, which I don’t recall ever having seen.

While on the theme of pictures of gedolim, let me note what appears in the recent volume focusing on the life of R. Bezalel Rakow, the Rav of Gateshead.[13] Rabbi Rakow thought very highly of such pictures and had them all over his house. He felt that today, when there are so many inappropriate pictures everywhere we look, it is important to have pictures of great rabbis to act as a counter. Here is a picture of Rabbi Rakow, from the beginning of the volume.

Getting back to Panim el Panim, one of the cover stories in the issue I took is about how R. Yehezkel Sarne visited Heichal Shlomo and the conflict this created, since by so doing R. Sarne was violating the Brisker Rav’s ban against the institution. Some believe that it was the Brisker Rav’s harsh stance that prevented his nephew, R. Joseph B. Soloveitchik, from accepting the offer to become Chief Rabbi of the State of Israel.

In general, the views of R. Sarne, and his Chevron Yeshiva, were more moderate than much of the haredi world (although he was known to be very anti-Habad). A glance at the names of those who attended the yeshiva shows that there are outstanding figures from all across the religious spectrum.[14] It is because of this that I was a little surprised when I read in a biography of R. Shakh[15] that R. Sarne once spoke very negatively to R. Shlomo Yosef Zevin about the Lubavitcher Rebbe. In fact, according to this source when R. Sarne was ill and R. Zevin visited him, R. Sarne told R. Zevin that his hasidut is heresy, his Rebbe is a heretic, and he is a heretic. When his health improved he went to R. Zevin’s house and apologized for treating him that way when the latter came to visit him. But now that he is at Zevin’s house, he wants to reaffirm that his hasidut is heresy, his rebbe is a heretic, and he is a heretic! The story as it appears is obviously a yeshiva fairy tale. But I asked R. Hayyim Sarne, R. Yehezkel’s son and current Rosh Yeshiva of Hevron (the Geula branch) if it is true that his father once spoke harshly to R. Zevin about Habad. He told me that it is true but that his father later apologized to R. Zevin, i.e., a real apology.

Since I mentioned R. Sarne and his inappropriate comments, let me tell another story that relates to the fact that he would sometimes say things that perhaps he shouldn’t have. Those who have read my book no doubt recall the funeral scene that I describe right at the beginning.[16] That, more than anything else, really shows the difficulty in placing Weinberg in any particular category. I actually feel that it was appropriate that he was buried in Har ha-Menuhot with all the other great rabbis, rather than the place chosen by the Mizrachi leaders (even if R. Herzog is also buried there). I say this for the following reason: R. Weinberg could not live in the haredi world. His views were too different from them. In fact, as my friend Shlomo Tikochinski has correctly pointed out, Weinberg is the only great sage respected in the haredi world whose views are so much at variance with it.

Yet while Weinberg wanted to live as a more modern type of rabbi, one who was a Zionist and academic scholar in addition to being a Torah sage, he wanted to be remembered as a gadol be-Yisrael. At the end of the day, he wanted his Torah works to be studied, and the only place for this was in the great yeshivot. So although he couldn’t live in their world, for posterity he would have wanted his legacy to be with them. However, I must also add the following: When Weinberg passed away all the great yeshivot were in the haredi orbit, so it would be natural that this is where he would want to be remembered. At that time, high level Torah study could hardly be found in the Mizrachi world. However, things are very different now, with the flowering of religious Zionist yeshivot of all sorts. If Weinberg were alive today, he would be able to feel fully comfortable in the religious Zionist world, since he would see the intensive Torah study and openness to secular learning of places like Maaleh Adumim, Har Etzion, and the like. Yet these yeshivot simply didn’t exist in his lifetime.

Not long after my book appeared, I was in a bookstore in New York City (does anyone remember Ideal Books?). I started talking to a certain fellow who happened to be a rav in Brooklyn and a son of one of the great Torah scholars of the previous generation. He told me that he is the only one alive who can testify as to what was said in the conversation between R. Yehezkel Sarne and the men who were in charge of the funeral, after R. Sarne and his students stopped the procession. (At the time, he was a student at the Chevron yeshiva.) Before he told me the story, he noted that one should remember that in his old age R. Sarne sometimes said things that were not appropriate. He gave one example of this: R. Sarne once went into the Brisk yeshiva and started screaming at the students that they should start learning mussar (Brisk being a place where they don’t do this). Only after telling me this story was he ready to inform me what was said at the funeral. According to him, after arguing with R. Sarne about where to bury Weinberg, Zorah Warhaftig, the Minister of Religions, was exasperated and declared: “But we have already dug the grave.” To this, R. Sarne replied (in Yiddish): “Put yourself in it!” The yeshiva students then took the coffin and proceeded to Har ha-Menuhot.

Returning to my conversation with R. Hayyim Sarne, which began with a discussion on Weinberg and moved into other areas, I was at his home for a good while and asked him many things. I even got into a disagreement with him on one issue. I am sure this surprised him, since roshei yeshiva are not used to young men challenging something they say. He insisted that it was better for people to be secularists than to identify with one of the non-Orthodox denominations. I responded that the opposite was the case, as the non-Orthodox groups at least add some Jewish content to people’s lives. They also help slow down assimilation. (Of course, all this is valuable in and of itself, but from a purely utilitarian standpoint it also makes the job of the kiruv organizations easier.) Yet he didn’t buy it and couldn’t even see my point, which I think is shared by virtually all thinking people in the Diaspora.

I used the conversation to ask him why the haredim have such a negative view of R. Kook’s philosophical writings, and his answer was very enlightening. To this day I have never seen it anywhere in print. He told me that one can turn pages and pages in R. Kook’s philosophical works without coming across a rabbinic text (ma’amar hazal). He insisted that a “kosher” work of Jewish thought must be constantly citing rabbinic texts. I had never thought of this point before, but I think it is quite significant. As all who study R. Kook know, he writes in such an original fashion that he becomes the primary text, and one can indeed turn many pages before seeing a ma’amar hazal.

In the new biography of the Brisker Rav (R. Velvel Soloveitchik), there is a very nice picture of R. Hayyim Sarne and his father in Switzerland, together with R. Jehiel Jacob Weinberg and R. Wolf Rosengarten of Zurich.[17] This has nothing at all to do with R. Velvel. It is included because the picture was taken in Switzerland and the biography discusses R. Velvel’s few trips there for health reasons. I assume that the author had this nice picture which he wanted to include, so he found some tenuous connection, even though, as I mentioned, it has nothing to do with R. Velvel.

While R. Velvel was in Switzerland, he was taken care of by Rosengarten, who appears prominently in the biography. R. Velvel also spent a lot of time with his nephew, R. Moshe Soloveitchik of Zurich. Both Rosengarten and Soloveitchik were also close to Weinberg. It has fascinated me that in all of the hundreds of letters that I have, Weinberg never mentions the Brisker Rav’s trips to Switzerland. He also had no interest in going to meet R. Velvel, even though the distance between them was no more than a few hours. I get the feeling that Weinberg felt that R. Velvel was in such a different world that it would be hard for them to even have a pleasant conversation. It might be that he was even intimidated by the Brisker Rav’s extremism. What makes this more interesting is that R. Moshe Sternbuch, who had become a great follower of the Brisker Rav, was also close to Weinberg. R. Bezalel Rakow taught at the Montreux yeshiva in the 1950’s, and he too had a very close relationship with Weinberg. As with so many other Torah scholars in Switzerland, Rakow too went to see the Brisker Rav.

I think we might get a sense of why Weinberg made no effort to meet R. Velvel from the following story:[18] When Rakow went to meet R. Velvel, the latter refused to see him after he heard that he taught at the yeshiva in Montreux. This yeshiva was founded in 1927 and drew students from all over Western Europe. While R. Elijah Botchko, the Rosh Yeshiva, was a member of Agudah and the yeshiva was viewed as part of this world (R. Aharon Leib Steinman even studied there during World War II), he didn’t tow the party line and was certainly more positive towards Zionism than the typical Agudist. Both he and his son and successor, R. Moshe Botchko, were also not opposed to the students getting a secular education. In the 1950’s there was even a plan to for the yeshiva to provide this. It is this issue in particular that is mentioned in explaining why the Brisker Rav refused to see Rakow:

דאפשר שגם הוא בין אלו שרצו להכניס בישיבה לימודי חול בין כותלי הישיבה

Only after Rakow was able to convince the Brisker Rav’s son that he had the proper hashkafot was he permitted to meet the Brisker Rav. He later recalled that the reason he was able to develop a good relationship with R. Velvel was because the latter valued his efforts in “fighting at the yeshiva so that they not incorporate secular studies.” I think it is likely that knowing how different his outlook was from that of R. Velvel, and that R. Velvel had no hesitation in speaking his mind, Weinberg decided to avoid what might turn into a difficult meeting. Whereas other gedolim from the yeshiva world wouldn’t dream of getting into an argument with Weinberg or telling him why his outlook was mistaken, the Brisker Rav, who always spoke his mind, would have had no such compunctions. As for the Montreux yeshiva, in 1985 it relocated to Israel and is now a hesder yeshiva.[19] This shows that even apart from the issue of secular studies, the yeshiva did not share the Brisker Rav’s approach.
[1] Since my book appeared I have also discovered many more letters, including a collection sent to one of the leaders of the yeshiva world (whose identity I am not at present able to divulge). In my Note on Sources, found after the preface, I mentioned that while such letters might cause me to reevaluate some of my conclusions, I was confident that the picture I presented would not be substantially altered. I was happy to see that nothing in these letters caused me to change any of my earlier thoughts.
[2] See Fisch’s Yeriot Shlomo (Jerusalem, 1983). Among Fisch’s contributions to Jewish scholarship are his editions of Midrash ha-Gadol on Numbers and Deuteronomy and his commentary to Ezekiel in the Soncino Books of the Bible.
[3] Incidentally, I think that the standard position is that bishul akum for a holeh she-ein bo sakanah is only permitted on Shabbat, but not during the week. See e.g., Kaf ha-Hayyim, Orah Hayyim 328:119. Halakhic experts, please correct me if I am mistaken.
[4] Shiloh, ed. R. Shlomo Yosef Zevin (Jerusalem, 1983).
[5] When the non-Hasidim and Chabad were finally able to agree on a joint political front in the Soviet Union, the plan was for a group of four non-hasidic and three hasidic rabbis to form a sort of Moetzet Gedolei ha-Torah, the members of which did not have to actually live in the Soviet Union. The four non-hasidim chosen were R. Chaim Ozer Grodzinski, R. Isser Zalman Meltzer, R. Isaac Jacob Rabinowitz, and R. Avraham Dov Baer Kahana Shapiro. The hasidic side was to be represented by R. Yosef Yitzhak Schneersohn (the Lubavitcher Rebbe), R. Menahem Mendel Schneersohn (the son of the Bobruisker Rebbe, R. Shemariah Noah), and R. Shemariah Medalie. See Mordechai Altschuler, “Ha-Politikah shel ha-Mahaneh ha-Dati ve-ha-Haredi be-Rusyah bi-Shenat 1917,” Shvut 15 (1992), p. 22.
[6] I mean, of course, Russian Jewish Orthodoxy, but I think it is worth noting that in pictures of rabbis from Old Russia one sometimes has trouble telling them apart from the Russian Orthodox priests, as they both work black and had beards. In fact, I found one such example with an American Orthodox rabbi. See here.
[7] See Iggerot Moshe, vol. 8, introduction, p. 18.
[8] See Avraham Greenbaum, Rabbanei Berit ha-Moatzot bein Milhamot ha-Olam (Jerusalem, 1994), p. 36. Greenbaum also notes that in 1937 R. Hillel Medalie’s brother, R. Moshe, was exiled to Siberia where he was killed. Unfortunately, this helpful book is not available online. However, I would like to call readers’ attention to another book which is also quite valuable and is online: Peninah Meizlish’s Rabanim she-Nispu be-Shoah. This book contains an enormous list of rabbis who perished in the Holocaust. Available here.
Speaking of online resources, it amazes me that there are still people who buy the Bar Ilan Responsa CD. Apparently, they don’t know that one can access this through the Spertus College library for very little money.
[9] Another example is R. Levi Yitzhak Schneersohn, the father of R. Menahem Mendel, the last Lubavitcher Rebbe. R. Levi Yitzhak died in 1944 after having been exiled to Kazakhstan. See Avraham Greenbaum, “Rabbi Shlomo (Solomon) Schlifer and Jewish Religious Life in the Soviet Union 1943-1957,” Shvut 8 (1999),p. 126 n. 10. Another example is R. Shaul Yisraeli’s father, R. Binyamin, who was rav of Koidanovo, a town near Minsk (see R. Shaul’s introduction to his Amud ha-Yemini). He was exiled to Siberia where he died. R. Shaul writes that his grave site is unknown, and therefore he called his first book Amud ha-Yemini, למען יהא לעמוד זכרון על קברו אשר לא נודע. R. Shaul and two others escaped from the Soviet Union by illegally crossing the border into Poland, which would have meant the death penalty if they were caught (as no doubt many others were). This dangerous step was taken only after Moscow’s Chief Rabbi, R. Yaakov Klemes, performed the Goral ha-Gra. See here.
Before setting out for the border, R. Shaul spent time in R. Yehezkel Abramsky’s apartment in Moscow. See Aharon Sorasky, Melekh be-Yofyo (Jerusalem, 2004), vol. 1, p. 199. R. Shaul made his way to Jerusalem where he became one of the leading Torah scholars in Israel. Because of his religious Zionist outlook, he is another figure who is scrupulously ignored by the Frankel Rambam, even though he was an expert in the agricultural halakhot and should have been cited repeatedly in the Frankel index to Sefer Zeraim. See R. Yaakov Ariel’s introduction to R. Shaul’s Havot Binyamin. In Sorasky’s book, cited previously in this note, R. Shaul is not referred to as “Gaon” and his name is not affixed with זצ”ל. But we should be thankful that at least R. Kook and R. Herzog are given the proper titles (but not R. Soloveitchik!)
[10] David E. Fishman, “Preserving Tradition in the Land of Revolution: The Religious Leadership of Soviet Jewry, 1917-1930,” in Jack Wertheimer, ed., The Uses of Tradtion (New York, 1992), p. 106 n. 48. Fishman also notes that R. Yosef Yitzhak repeated the advice that his great-grandfather had given to one who wanted to go on aliyah in the 1850’s: “We should make this the Land of Israel. Create a Land of Israel here.” This remained the Habad approach and is one of the reasons why the movement never stressed aliyah.
[11] See Nitzan Kedar, “Ha-Medinai she-Nishkah,” Ha-Tzofeh, Nov. 18, 2007, available here.
[12] This book claims that Medalie was born in 1918. Yet this is incorrect. In 1938 Medalie came to England to start his university studies. The Jewish Chronicle of May 20, 1938, has an entire story on this, complete with a picture of the young man. According to the paper, he was twenty-four years old at the time and had received semikhah from R. Isaac Herzog and R. Isser Zalman Meltzer. In Shiloh, pp. 15-16, semikhot from R. Isser Zalman and R. Moses Avigdor Amiel are printed.
[13] Be-Tzel ha-Kodesh (Jerusalem, 2007), p. 131.
[14] See here.
A number of distinguished people are missing from this list, and the following come to mind: R. Eliezer Waldenberg, R. Yitzhak Abadi, R. Aryeh Ralbag, R. Zev Segal, Prof. Yaakov Sussmann, Prof. Reuven Kimelman, and Dr. David Lando.
[15] Moshe Horovitz, She-ha-Maftehot be-Yado (Jerusalem, 1989), p. 94.
[16] Here is a little quiz: What classic book by a woman historian also begins with a funeral scene? Hint: The book is devoted to an event that is often related to the Ninth of Av. I don’t mean the Spanish Expulsion, which contrary to popular belief–a belief popularized by Abarbanel–did not take place on this date. See Yitzhak Baer, A History of the Jews of Christian Spain (Philadelphia, 1978), vol. 2, p. 439.
[17] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2006), p. 368. I wrote to Meller asking his permission to post the picture, but I haven’t yet heard back from him.
[18] See Be-Tzel ha-Kodesh, p. 118.
[19] See here.



Bitul ha-Tamid: the History and Application

Bitul ha-Tamid and Edgar Allan Poe* The Mishna in Tannit records that 5 bad events occurred on the 17th of Tamuz, one being the cessation of the daily sacrifice, the tamid.
The Talmud Bavli offers the background to the other four events. When it comes to the cessation of the Tamid, all the Bavli does is state “Gemara.” It is left to the Yerushalmi to fully explain the story. The Yerushalmi, (Tannit, 4:5), records that
the Jews to maintain the tamid worked out a deal with the Romans who were besieging the city. Everyday the Jews would lower down a basket full of
coins, and in its stead, the Romans would return the necessary animals. One day, the 17th of Tamuz, however, after the Jews gave the
requisite money, instead of the correct animals the Romans replaced
them with pigs. Thus, the Jews were unable to bring the tamid and the sacrifice stopped from that time on. As
mentioned, this story only appears in the Yerushalmi and not the Bavli. (Although the Bavli records a similar story, it is about the Hashmonaim and not the Roman’s, nor does it mention the bitul ha-tamid.)
Further, Josephus does not record it either (he briefly mentions that the daily sacrifice stopped on the 17th without giving details – see Wars of the Jews, book VI, chapter 2). Although these works do
not record it, Edgar Allan Poe does. Specifically, he has a story
titled “A Tale of Jerusalem” which, more or less, is this story
repackaged. You can read the whole story here. Basically, the story details the two priest whose job it was to lower
the baskets of gold. Poe ends with the pigs being raised instead. Not
only does Poe use this somewhat obscure story, he even injects some
detail that one would need to be versed in the original story to fully
appreciate. The priest in question are who belonged to the sect called
“The Dashers (that little knot of saints whose manner of dashing and
lacerating the feet against the pavement was long a thorn and a
reproach to less zealous devotees–a stumbling-block to less gifted
perambulators).” This is a play on the talmudic description of the
priests – that they are quick – kohanim zerizim hem. Poe assumes familiarity with the Hebrew alphabet to a degree that one would know the letter yud
is the smallest. As he says “thou canst not point me out a
Philistine–no, not one–from Aleph to Tau–from the wilderness to the
battlements–who seemeth any bigger than the letter Jod!” The question is where in the world did Poe get this. According to some it seems Poe got this from another novel from “1828, Zillah, a Tale of Jerusalem,
by Horace Smith (1777-1849). Poe incorporated whole phrases and
sentences from Smith’s story: “Poe’s story is more than a parody; it is
literally a collage of snatches of the Smith novel, cut out and pasted
together in a new order.”
That being said, it seems that Poe was still
more familiar with this story than Zillah
and we are left to wonder did Poe study Talmud? He wouldn’t be the
first famous American author to do so. Thomas Jefferson had a copy of a
volume or two of the Bavli. Although, here, it would appear Poe one
upped Jefferson by being a baki in Yerushalmi as well.
Bitul ha-Tamid in Later History Although the actual tamid stopped on the 17th of Tamuz, the phrase “bitul ha-tamid” continues to be used. According to some, Rabbenu Gershom, amongst the many takanot he was involved in, instituted bitul ha-tamid. Bitul ha-tamid as used in this sense means to stop the daily prayers. That is, if a person had a grievance, they could stop the prayers or public torah reading, until the community dealt with the issue. Some rishonim trace bitul ha-tamid to a Yerushalmi that records R. Yochanon telling someone to stop the prayers to have his way. (See Teshuvot ha-Rashba, vol. 4, no. 56). Bitul ha-tamid was a serious and well-recognized device. For example, the Or Zarua records that “on the week of parshat Emor, someone stopped the services, and there was no torah reading. Thus, they had to read both Emor and Behar the next week.” (Or Zarua, Laws of Shabbat no. 45). Note that there was no question about the legality of forcing the entire community, in this case Cologne Germany, skipping the torah reading. The only issue was how to make it up. The Sefer Hassidim records the process:

The one wishing to stop the prayers goes up either before barachu (or seder kedusha) to where the Hazan is standing. This person then closes the prayer book of the Hazan and announces “I am the one who stopped – [the word kalu or kalman possibly from clamour] and the hazan immediately stops the prayers. If he wants to stop the torah reading, he goes up to the steps before the ark and announces ‘I will not allow the torah to be removed.’ Some do this on the torah’s return – they stop the return. Sefer Hassidim no. 463.

Obviously, this device could not be used for any minor grievance, the question some deal with is exactly when this can be used. One of the teshuvot ha-Geonim records that in Bavel, they only allowed this to be used when a person refused to show up for bet din. That is, if someone sues someone and the party refuses to come to bet din, one can go to the recalcitrant person’s synagogue and make this announcement. In this same responsum, however, it records a different opinion that allows for one to collect on an outstanding debt – but, in the case of a debt collection to only do bitul ha-tamid once. The Sefer Hassidim, however, allows for bitul ha-tamid to collect necessary funds for the poor. As one would expect, it appears that this process became abused. The Sefer Hassidim, the source for much material on this topic also includes a warning to anyone who misuses this that they will have to pay for abuse of the process. Similarly, R. Efrahim Lunschintz in his Amudei Shesh explains that abuse of this process only harms god as he misses out on prayers he otherwise would have received. At base, it is understood that this is a powerful tool to get one’s grievances heard, but what is the rationale behind this custom? According to Goiten, and based on genizah materials, he explains that bringing one’s grievance before all – is demonstrative of the notion that bet din “were but representatives of the community, which, in principle, was the supreme judge. The biblical concept ‘the people shall judge’ (Numbers 35:24) was still very much alive.” Goiten notes that this process was not limited to men, and instead, the geniza preserves some “eloquently styled and beautifuly written appeals to the community by women.” Goiten posits that the women did not actually enter the men’s section but had someone reads these on their behalf. See Goiten, A Mediterranean Society, vol. II, pp. 324-26. A very different purpose for this procedure is espoused by a Lithuanian memoir. Basically, by this account, as “the Jewish townlets of Lithuania and Poland did not” have a well-developed press, “what weapon did the poor widow have at hand for calling public attention to the iniquities of, say, the money lender?” The answer, of course, “They delayed the reading of the weekly Portion on the Sabbath!” A story of a poor widow is provided to illustrate this point. She comes Shabbat morning, and is brought in to the main sanctuary on a cot where she moans

My child! My child! You are murderers! Take pity and give me back my child! . . . We children knew this woman quite well. . . All of us knew that this good old woman was now confined to her bed and quite helpless. And we also knew that the cause of her illness was due to the forcible drafting of her only son, Borukke the Tinsmith, into the army. We had also heard frequent comments at our homes on this heartless deed of the Town Elder in taking away this poor widow’s only son in exchange for the few hundred rubles he received from David Refoel’s for letting his own son – his fourth son- escape his duty, by finding a substitute for him in the son of the widow . . . The entire townlet knew of this iniquity and in the privacy of their homes had denounced it as a great outrage; but publicly they were afraid to speak of it. They were afraid to start a rumpus with the Elder who enjoyed the friendship of the town’s Chief of Police. Everyone in the Congregation immediately put aside his Pentateuch and paid the closet attention to the bed-ridden widow’s supplication. The only one in the assembly who pretended to be unconcerned in the matter and began to read aloud to himself the weekly Portion, was David Refoel’s. This painful scene lasted but a few brief minutes when from behind the Bimah there emerged Honeh the Shoemaker who, with his fists doubled, rushed over to the Elder and yelled out in a voice choking with anger: “If Borukke Tamar’s is not freed from military service you will all be sent in chains to Siberia! Do you think we don’t know that you have bought substitutes? Take care!” An informer usually was hated by the town folk. But in this case they all gave their approval to Honeh the Shoemaker . . . It took just about one week before Borukke’s claim to exemption on account of being an only son was properly recorded and he returned to his mother’s home, a free man. Saks, Worlds that Passed, pp. 79-85.

Although I haven’t seen this in print, I was told that when R. Solovetchik came to Boston there was no mikveah in Boston (there was one outside). R. Solovetchik instructed the women to stop the torah reading until sufficient funds were pledged for a mikveah. *A portion of this post appeared in a slightly different format a few years back. I have updated that portion and added about bitul ha-tamid generally. Additionally, much material on bitual ha-tamid appears in Simcha Assaf’s work, Battei ha-Din ve-Sidreihem (1924), pp. 25-29.




Forgetfulness & Other Human Errors a New Monography by Marc Shapr

As a religion based on tradition, Judaism places great stock in the words and opinions of its early Sages. This is so to the extent that there is great debate as to whether it is even possible that these early authorities could err. In fact, throughout Jewish literature one can find many areas where people argue for deference based on seniority. For instance, there is an extensive debate on the binding authority, and to what extent, with regard to the Rishonim or the Shulhan Arukh. Similarly, there are those who refuse to allow that the Rishonim or earlier authorities erred. Recently, some accused Rabbi Natan Slifkin of allowing that certain statements of Hazal require reappraisal and that those statements are wrong. In the case of Slifkin, his issues with the particular statements of Hazal were not novel and mainly he repeated some of the same arguments that have been bouncing around for the last 400 years or so without adding anything new to that particular debate. A more important case, however, was that of R. Hayyim Hirschensohn in his discussion of whether women are allowed to hold positions of power.[1]

In the early part of the 20th century there was a debate of the appropriateness of women taking part in elections – whether they can vote or run for office. (Of late, this debate has been renewed by the Young Israel stance regarding women becoming a synagogue president.) Most are aware that those who argue that women cannot hold positions of power rely upon the Rambam, hilkhot melakhim 1:5, who in turn in relying upon a Sifre 147 to Devarim 17:15. R. Hirschensohn, however, understood the Sifre in a radically different manner and in doing so allowed that the Rambam erred in his interpretation of the Sifre. Specifically, R. Hirschensohn argues that the Sifre that states “that the verse (Devarim 17:15) ‘You shall place upon yourselves a king’ limits the placement to a king and not a queen” should be understood that the requirement for a king does not require a queen. That is, should the queen die she need not be replaced; however, should the king die there is a commandment to replace him.” Furthermore, according to R. Hirschensohn, the Sifre has nothing to do with the other statement from Hazal (Yevamot 45b) based on this verse, that “any leadership you shall establish should only be from your brethren [they must be Jewish].”[2] Thus, the Rambam erroneously conflated the two statements and thereby misunderstood the Sifre and came to the incorrect conclusion – that women are barred from all positions of power. As R. Hirschensohn explains “that even one as great as the Rambam in his knowledge and wisdom is not immune from error, an which then caused many who followed after him to rely upon and led to other errors. It is without a doubt the Rambam relied upon memory regarding these statements, and did not have time to reexamine them again” (See Malki ba-Kodesh 2:194).

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

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

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

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

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

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

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

R. Ya’akov Hayyim from Baghdad, in the introduction to his responsa Rav Pealim, echos R. Bacharach’s sentiment. “In truth one can find that many great ones that they made terrific errors, errors that even children wouldn’t make, and at times they made mistakes in quoting biblical verse, as was the case with the goan, wonder of his generation the Hida [R. Hayyim Yosef David Azulai, one of the most erudite scholars of his period] . . . on these sorts of errors the verse ‘that one is blameless from error’ (Psalms 19:13).” By way of example R. Ya’akov Hayyim highlights four such errors R. Yosef Shaul Nathanson, author of the Shu”t Shoel u-Meshiv made in his work. R. Ya’akov Hayyim concludes “therefore, do be surprised to find I disagree with the great ones . . . when I argue they erred because they forgot. Because, such allegations [of forgetfulness] are not unique and in no way take away from their greatness.”

It is particularly ironic that the Hida fell prey to this very type of forgetfulness as he wrote an entire book, Helem Davar, [4] showing exactly these types of mistakes in other’s works. The title of the Hida’s work, Helem Davar is rather instructive when discussing the possibility of sages erring. Helem Davar refers to the sacrifice the members of Sanhedrin would bring should they all err, indicating that even groups of great people are not immune from making mistakes.

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

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

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

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

Studies in Maimonides and His Interpreters is available for purchase here at Amazon.com.

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

Notes:
[1] Much of the material on R. Hayyim Hirschensohn was brought to my attention by Marc Herman, “Orthodoxy and Modernity: Rabbi Hayyim Hirschensohn’s Malki ba-kodesh,” (BA thesis, Brandeis University, 2005), 18-51. For a recent review of the scholarly consensus on R. Hayyim Hirschensohn, see Marc B. Shapiro, “Review of Jewish Commitment in a Modern World: Rabbi Hayyim Hirschenson and His Attitude to Modernity by David Zohar,” The Edah Journal 5:1 (Tammuz 5765): 1-6. Additionally, parts of the material on this topic of claiming that people forgot, comes from R. Shmuel Ashkenazi’s article “Helem Davar u-Tous Sofer.” Ashkenazi’s article was originally supposed to appear in the journal Or Yisrael no. 15 (Nissan 5659), but at the last minute the editors decided not to publish it and instead the article was published separately in a run of 25 copies. Ashkenazi, himself an outstanding repository of material – it seems unlikely he forgets but he is human – in this article lists numerous examples of errors that can only be attributed to forgetfulness or printing error. For instance, Ashkenazi notes that R. Yechiel Epstein in his Arukh Ha-Shulhan states “it is surprising that the Rif does not mention the laws of yayin pagum, not in the eigth chapter of berakhot discussing the laws of wine for blessing, or in the tenth chapter of Pesachim regarding kiddush and havdalah.” In fact, however, the Rif in the tenth chapter of Pesachim does discuss the laws of yayin pagum.
Or, the case of R. Aryeh Leib ben Asher Gunzberg (author of Shu”t Shaagat Aryeh), who notes in his Turei Even, that “we never find anywhere that the reading of the Bikurim passage is called Vidyu.” Turei Even, Megilah, 20, s.v. mihu. Ashkenazi cites R. Yeruchum Fishel Perlow’s comments in the journal Noam who notes R. Gunzberg forgot the mishna in Bikurim 2:2 which calls this recitation “viduy” as well as the Rambam in the laws of Bikurim 3:5, who says “it is a mitzvah to preform viduy on the bikurim.” Ashkenazi adds the Tosefta in Bekurim chapter one and the Yerushalmi Bikurim, chapter 2 also refer to this process as viduy.

Another example, this one with the Hida. The Hida in Machzik Beracha (O.C. 468:10) and Lev David (end of chapter 10) states the author of the SeMaK is R. Yecheil. But, the real author is R. Yitzhak Corbeil. The Hida, in his own work on Hebrew bibliography, Shem ha-Gedolim, actually gets it right. But, it appears that he forgot that when he wrote these other works.

[2] R. Moshe Feinstein also argues the Sifre is not connected with the Talmudic statement. See Iggerot Moshe, Yoreh Deah II, #44-45. R. Feinstein, however, ultimately comes to the opposite conclusion then that of R. Hirschensohn – the opinion of the Rambam must be followed and women cannot hold high office.

[3] As an aside, one of the many letters to R. Hirschensohn regarding women’s voting rights came from Yehiel Mihel Goldberg from Radom. Goldberg attempts to bolster R. Hirschensohn with the (now) well-known statement of R. Shmuel Archivolti in his Ma’ayan Ganim and recorded by R. Barukh ha-Levi Epstein in both his Torah Temimah and Mekor Barukh that supposedly is a halakhic statement which allows for women to study Talmud. As I have demonstrated elsewhere, the Ma’ayan Ganim is not a responsa work or halakhic work. But, Goldberg’s use of the Torah Temimah for this point seems to be the earliest. While the Torah Temimah was first printed in 1902 and then reprinted in 1904, it was not reprinted until 1928 and Goldberg’s letter was written in 1921. Perhaps Goldberg’s use evidences that the Torah Temimah was well received soon after it was published.

[4] This work, Helem Davar was recently printed (Beni Brak, 2006) for the first time in book form from manuscript – it also was printed as part of the lager book Iggerot ve-Haskmot Rabbenu ha-Hida also in 2006. Prior to this 2006 publication, R. Yehuda Leib Maimon published Helem Davar in the journal Sinai 43 (1948): 301-15. The 2006 edition includes Maimon’s original article as well as a commentary on Helem Davar, Hokher Davar.

[5] This argument, essentially a slippery slope argument, is also applied to making textual emendations. See, e.g. R. Y. Landau, Noda be-Yehuda Kama, Even ha-Ezer, 32; this issue is discussed by Y.S. Spiegel, Amudim be-Tolodot Sefer ha-Ivri Haghot u-Maghim, Ramat Gan, 2007, pp. 255-56.




Hunted Bears, Cantonists and Nazi Victims

by Yitzhak, בין דין לדין.
I thank Dan Rabinowitz for graciously allowing me to post this essay.
Hunted Bears

This is the cover image of the Gary Larson collection Beyond The Far Side:

I have long found this cartoon profoundly depressing, in its humorous but acute portrayal of the moral degradation of which we are capable. עור בעד עור, וכל אשר לאיש יתן בעד נפשו 1; the desperate bear grins inanely as he attempts to persuade the hunter to shoot his companion instead of himself.

Several months ago, though, I had an epiphany; it is all very well to consider the matter from a literary-psychological perspective, but what is the view of the Halachah 2?

Cantonists and ‘Chappers’

The thought lay dormant in my mind, until I read the following paragraph in Dr. Marc Shapiro’s typically erudite and fascinating article Rabbis and Communism at The Seforim Blog:

When dealing with anti-clericalism in Russia, we must also not forget the masses’ long memory of how some (many?, most?) rabbis were silent during the era of the chappers. This was when children were grabbed for 25 years of military service in the Cantonists, often never again to see their parents and usually succumbing to incessant pressure (including torture) to be baptized. Yet it wasn’t the children of the rich or the rabbis who were taken, but the poor children. Jacob Lifshitz’ defense of the way the Jewish community dealt with the Cantonist tragedy – which he regards as worse than even the destruction of the Temple! – and his insistence that no one can judge the community leaders unless they themselves had been in such a difficult circumstance, is something we must bear in mind. Yet all such ex post facto justifications would have no impact on the outlook of those that actually suffered during the Cantonist era, and it is no wonder that many of the common people would not regard the rabbis in a sympathetic light. The rabbis were certainly able to come up with a justification why their sons, the future Torah scholars, should not be taken to the army, just as they continue to make this argument. Yet this would only serve to show the masses that some children’s blood was indeed redder than others.

This post shall attempt to clarify the relevant controlling Halachos for both scenarios: may a bear attempt to save his life at the expense of his comrade’s, and may a potential or actual draftee, or a friend of his, attempt to evade the draft if the consequence will be the drafting of another instead.3

The Yerushalmi

The locus classicus for this discussion is a passage in the Yerushalmi Bava Kama:

שור שעלה בחבירו ובא בעל השור ושמטו מתחתיו אם עד שלא עלה שמטו ונפל ומת פטור ואם דחהו ונפל ומת חייב

אמר רבי יוסי ותישמע מינה ראה אמת המים שוטפת ובאה לתוך שדהו רשאי לפנותן למקום אחר משנכנסו אין רשאי לפנותן למקום אחר
אהן כריסו ארגירא עד דלא ייתי אהן כריסו ארגירא שרי מימר פלן עביד עבדיתי פלן עביד עבדיתי. מן דייתי אהן כריסו ארגירא אסיר.

הדין אכסניי פרכא עד דלא ייתון רומאי שרי מיחשדוניה ומן דייתון רומאי אסיר.4

The Nimukei Yosef cites the second paragraph of the Yerushalmi, about the Amas Hamayim 5.
Rema rules:

היה רואה נזק בא עליו מותר להציל עצמו אף על פי שעל ידי זה בא הנזק לאחר6

Rema only cites the permissive component of the Yerushalmi; he omits the Yerushalmi’s stringency, prohibiting the shifting onto another of a misfortune that is considered to have already befallen. Sema does indeed cite the latter part of the Yerushalmi:

שם בנימוקי יוסף סיים וכתב דאם כבר בא עליו אסור לסלקו ממנו כשגורם בזה היזק לחבירו:7

but why does Rema omit it? This question is raised by Rav Haim Yehudah Leib Epstein, who infers that Rema does not actually accept the stringency of the Yerushalmi L’Halachah, a position for which he offers various justifications, which are beyond the scope of this post 8. Although we shall see that The consensus of the Poskim, however, seems to accept the Yerushalmi in its entirety as Halachah 9.
The Hafetz Haim discusses this Yerushalmi; he is curiously tentative about its application to the question of Lashon Ha’Ra that he is considering, the deflection of blame from oneself in a situation in which so doing will consequently cause another to be accused:

אבל אם על ידי זה [שמשיב מי שנחשד מחבירו בעשיית דבר שלא כהוגן נגדו שאכן הוא לא עשאו] ממילא יוודע לו העושה, כגון שלא היה לו הספק כי אם על שניהם, תלוי בזה: אם הוא באמת דבר שאינו הגון, נראה דמותר לדחות זה מעל עצמו, אף שממילא יתגלגל הדבר על חבירו. אבל אם באמת דבר זה איננו עוולה, רק להשואל נראה שהדבר הזה הוא עוולה, צריך עיון אם מותר להשיב לו אפילו בלשון: אני לא עשיתי את הדבר, כיון שעל ידי זה ממילא יתגנדר הדבר על חבירו.10

ונראה שדבר זה תלוי במה שמבואר בחושן משפט, בסימן שפ”ח (סוף סעיף ב) בהגהה … ועיין בסמ”ע שם … ומשמע מביאור הגר”א שם (אות כ”ט) שהוא מסכים להסמ”ע. והכא נמי אם הוא רואה שנחלט לעת עתה חשדא אצל השואל עליו, אסור לו לגלות כדי להסירה מעליו ולתיתה על חבירו, ועיין בביאור הגר”א שם, ואם אינו בגדר זה, מותר. ואף על פי כן, דבר זה אינו מבורר אצלי היטב למעשה.

Draft Evasion

Rav Yosef Ibn Lev discusses a case apparently very similar to one of the scenarios in the Yerushalmi:

שאלה ראובן היה לו אהבה עם השרים ויועצי המלכות ולפעמים היו תופסין מחמת המלכות לקצת יהודים עשירים והיו כותבין לשראפי”ש או לשאר אומניות כמנהג המלכות הלז וזה היהודי שיש לו אהבה עם השרים יש לאל ידו להציל איזה יהודי מאותה הצרה אבל ירא לנפשו שאם יציל לשמעון יקחו ללוי תחתיו ומאן לימא ליה דדמא דשמעון סומק טפי דילמא דמה דלוי סומק טפי ועל זה שאל אם הרשות בידו להציל לשמעון מצרתו:

תשובה עיקרא דהאי מילתא איתא ביבמות פרק הערל אמרינן התם מאי שנא הני אמר רב הונא העבירום לפני הארון כל שהארון קולטו למיתה כל שאין הארון קולטו לחיים מתיב רב חנה בר ביזנא ויחמול המלך על מפיבושת בן יהונתן בן שאול שלא העבירו וכי משוא פנים יש בדבר אלא שהעבירו וקלטו ובקש רחמים ופלטו ואכתי משוא פנים יש בדבר אלא שבקש רחמים שלא יקלטנו הארון מהך שמעינן בנדון דידן שאם כבר כתבו ליהודי אחד לשארא”ף ותפשו אותו והדבר ידוע שאם ימלט זה שיקחו אחר תחתיו אין להשתדל להצילו אבל אם יצתה גזרה לקחת קצת יהודים לאומנות המלך לשרא”ף וכיוצא בו הרשות נתונה להשתדל להציל לכל מי שירצה

והאי דכתבינא דאם כבר נכתב למלכות דאסור להשתדל להצילו כיון דמנהג הוא לקחת אחר תחתיו היינו דוקא היכא דהוי ודאי דלית ספיקא אבל היכא דאיכא ספיקא די עידנא ישתנה ויעבור זעם ולא יקחו אחר תחתיו אין ספק מוציא מידי ודאי …11

Shach endorses Ibn Lev’s ruling distinguishing between where the royal decree specifies particular individuals and where it merely demands a quota, and he says that the inference from the Mefiboshes passage is compelling12. It is curious, though, that neither Ibn Lev nor Shach mention in this context the Yerushalmi that we have been discussing until now; Rav Akiva Eiger 13, Rav Baruch Frankel14, Rav Meir Ya’akov Ginzberg15, and Pis’hei Teshuvah16 all refer the reader to the Yerushalmi. We shall presently see a suggestion for why Ibn Lev and Shach do not cite the Yerushalmi.

Rav Shmuel Landau discusses whether it is permitted to take action to save particular individuals from a governmental draft, even though the result will inevitably be the seizure of others:

… ועל דבר שאלתו שאלת חכם חצי תשובה קשה להורות בדבר הנוגע לנפשות תחלה ומי ירים ראש בדברים כאלה. …

אבל לבי מהסס בדבר אם מותר לישראל להשתדל עבור איזה אנשים שלא יקחו אותם. ודבר זה מבואר בתשובות מהר”י בן לב .. הובא בש”ך … ואם כן גם בנדון דידן אם עדיין לא לקח השר ולא פרט מי שיהיה יכולים להשתדל דרך שלילה על אנשים ידועים שלא יקחו אותם:
ובאמת תמיה לי טובא על הש”ך בסימן [ק]ס”ג שהביא ממרחק לחמו מתשובת מהר”י בן לב הנ”ל הלא דבר זה מפורש בש”ע ברמ”א סימן שפ”ח סוף סעיף ב’ … הרי ממש כפסק של מהר”י בן לב וגם הסמ”ע שם כתב … הרי ממש כפסק של מהר”י בן לב:

ואפשר ליישב דמהרמ”א לקמן נשמע דאותו אדם עצמו כשרואה דהנזק בא עליו דמותר להציל עצמו אבל שיהיה לאחרים רשות להשתדל עבורו לא שמענו ולכך הביא הש”ך דברי מהר”י בן לב ופסק דגם אחרים יכולים להשתדל עבורו אם עדיין לא בא הנזק וראייתו מדוד שהתפלל על מפיבושת שלא יקלטנו הארון: [ועיין שם שהאריך לפלפל בסוגיא דיחדו לאחד מהם.]17

Rav Avraham Maskil Le’Eisan cites this responsum and suggests that one may permitted to save himself at another’s expense even if he has already been selected for misfortune:

ועיין בנודע ביהודה .. שכתב דאם כבר לקחו אנשים ידועים אסור להשתדל להצילם רק קודם שנלקח אף א’ מותר להשתדל להציל א’. וכמו שכתב הש”ך .. ובהג”ה שם (ש”פ) [לכאורה צ”ל שפ”ח].

ונראה שהוא עצמו יכול להשתדל אף שנלקח דחייך קודמין:18

This is incomprehensible; as we have seen, the entire point of Rav Landau is that the reason that Ibn Lev and Shach do not derive their permission to save someone at another’s expense from the Yerushalmi is because they are allowing a third party to save a victim, whereas the Yerushalmi is discussing efforts by the victim himself, and yet the Yerushalmi explicitly forbids even such efforts when the misfortune is specific to the victim! Perhaps Rav Maskil Le’Eisan holds like Rav Epstein, that the Rema’s omission of the Yerushalmi’s prohibition indicates that it is not normative, but given that the Sema does cite the prohibition, and none of the major commentaries reject it, if Rav Maskil Le’Eisan really held like Rav Epstein, he should have said so explicitly 19.

“At Risk” Youths

In his article, Shapiro comments that:

Michael Stanislawski notes that in one community the communal leaders wanted to grab a poor tailor since he wasn’t observant, but the local rabbi forbid it. …

In a strong defense of the rabbis against the charge that they collaborated with the rich people in order to ensure that the poor were taken, R. Moses Solomon Kazarnov calls attention to all that the rabbis did to defend the children of the lower class. But he acknowledges that the rabbis would hand over the non-religious kids, including their own!

In the continuation of his responsum, Rav Landau, no mere local Rabbi, issues an uncompromising rejection of religious laxity as a justification for handing someone over to the government. He unequivocally, passionately and eloquently rejects a suggestion of his questioner that the community satisfy the government’s demands with some “נערים קלים ופרוצים ביותר”; indeed, he seems horrified by the idea:

ומה שכתב מעלתו דיש שם איזה נערים קלים ופרוצים ביותר. אהובי ידידי אין אנו יכולים לדון דיני נפשות דעל כל פנים הנערים אינן בכלל מורידין אף שהם נוהגין בקלות קצת והרבה הילדות עושה וניתן להענישם בתפיסה ומכת מרדות וכדומה אבל חלילה למסור אותם בידים ואל ידח ממנו נידח להדיחם לגמרי מקהל עדת ישראל ואף שיש ביד טובי העיר והבית דין לדון בכל עונשים חמורים למגדר מלתא היינו אם העם פרוץ בו וגם לזה צריך שיהיה דוקא גדולי הדור או טובי העיר שהמחום רבים עליהם … אבל היכא דליכא משום מגדר מלתא שאין העם פרוצים רק איזה נערים הקלים מי ירים ראש לדון בזה. …

[ועיין שם שפלפל עוד בזה, והעלה:] ויהיה איך שיהיה … בנדון דידן אף שיש נערים קלים ועוברים על איזה מצות אין אנו רשאין בשביל כן להעניש אותם כפלי כפלים ככל חטאותם ולסכן אותם בידים ובפרט שלא נתברר בעדות ברורה אם עברו על עבירה חמורה בשאט נפש לכן שארית ישראל לא יעשו עולה כזו.20

We must note that Rav Landau’s unwillingness to countenance the seizure of the religiously dubious youths is apparently predicated on his assertion that they are not in the category of Moridin; if it were reliably established that they were thoroughly irreligious21, he may indeed not object to their seizure.
Rav Landau concludes with an apparent reiteration of his earlier ruling permitting action which is merely evasive:

אך את זה יכולים לעשות להשתדל דרך שלילה על אדם חשוב וכשר שלא יקחו את זה כל זמן שלא קראו לו בפירוש שאותו הם מבקשים אבל אם כבר בא הפקודה לאחד קשה להורות להתיר להשתדל עבורו אם על ידי שזה יוצא לחירות ילכד אחר במצודה זו ומאי חזית דדמי דהאי סומק טפי מדמי דאיש אחר אשר יבא אחריו.

וידעתי שבנדון זה קשה להורות ועל זה אמרו חז”ל כשם שמצוה לומר דבר הנשמע כן מצוה שלא לומר דבר שאינו נשמע והמשכיל בעת ההיא ידום אבל על כל פנים זה מחויב למחות ביד מי שרוצה למסור בידים.

The Hasam Sofer has a similarily strong denunciation of the unfair selection by the community of particular individuals, even alleged “פוחזים וריקים”, to be drafted:

ועל דבר עם בני ישראל הנלקחים לצבא המלחמה למלכיות השתיקה יפה מדיבורינו בזה וגדולי ישראל ע”כ יעלימו עין והניחו להם להממונים מקהל לעשות כראות עיניהם לפי הזמן ועת לחשות

ומכל מקום אומר כי גוף ענין דינא דמלכותא להטיל מס על כל עמו להעמיד מהם אנשים לצבא מלחמתו וזה הוא מחק מלכותו ודינו דין וממילא מוטל אקרקפתא דכל מי שראוי לצאת ושאין לו אשה ובנים כפי נימוס וחק מלכותו אך לא אבחורים לומדי תורה שאפילו לא פטרום המלכות בפירוש מכל מקום מדין תורה פטורים דאמרינן בפרק קמא דבבא בתרא ח’ ע”א הכל לכרי’ פתייא אפילו רבנן והני מילי דלא נפקי באוכלזא אבל נפקי באוכלזא רבנן לאו בני מיפק באוכלזא נינהו ומכל שכן שהמלכות יר”ה פטרם וכבר כמה פעמים כשנתתי אטעסט לבני מדינו’ פיהם ומעהר”ין שהם לומדים ויצליחו לנהוג ציבור נפטרו מלהעמיד עצמם לצבא ואם כן כל הנוגע בהם נוגע בבבת עין:

ואידך מהראוי שיעמדו עצמם כולם בשוה לפני העדה ויטילו גורל ועל מי שיפול עליו הגורל הוא ישתדל לעצמו במה שיכול לפטור בממון או להעמיד אחר במקומו או ילך בעצמו וכל ישראל מחויבים לסייעו ויקר פדיון נפשו אבל לאנוס אנשים בלי גורל ולומר שהם פוחזים ורקים אפילו מגלי עריות ומחללי שבת בעיני הוא כגונב נפש ומכרו כי מי נותן זה חליפי זה כיון שחיוב המלכות ופקודתו על כולם בשוה והמוסרו כמוסר לתוא מכמר אפילו מחוי אתיבנא חייב מכל שכן מוסר נפשו ורע ומר יותר כי הטובים הנאנסים עוברים על המצות באונס ולעתים רחוקים ואלו יעשו ברצון ואנו מדחים אחר הנופל עיין פרק קמא דקידושין לענין מכר עצמו לנכרים:

אך מה שנמצאים עתה למאות המוכרים עצמם מרצונם וברצי כסף ולכן אף על גב דהמה גריעי מכולהו שהרי בשאט נפשם מתנים לחלל שבתות ולאכול איסורים מכל מקום כיון דשכיחי טובא ולא הוה כתרי עיברא נהרי ואם אין קהלה זו קונהו ימכור עצמו במקום אחר אם כן קלקלתם בעו”ה תקנה קצת וכן עשו בכל גלילותינו והוא כעין בחירת הרע במיעוטו
והנה קצרתי מאוד כי אין ראוי להאריך בענין זה כמובן …22

Hasam Sofer prohibits seizing even youths who are מגלי עריות ומחללי שבת, but perhaps he is referring only to those who yield to temptation, and are therefore not considered Apikorsim, Minim or Meshumadim, and are not in the category of Moridin 23.
Although both Rav Landau and the Hasam Sofer are unequivocal in their condemnation of the unfair seizure by the community of particular individuals in order to save others, I do not know if their opposition would extend to a mere request to the government that it draft them, or to the attempt by the targeted bear in the Far Side cartoon to convince the hunter to shoot his companion instead of himself. Normally these actions might constitute Mesirah, but in these situations, where the government will inevitably seize some individuals, and the hunter will certainly shoot a bear, and the request is merely determining who the victim(s) will be, perhaps the permissive rulings of the Yerushalmi and Ibn Lev still apply, since in any event the Yerushalmi seems to be a dispensation of the law of Grama B’Nizakin, which would presumably normally forbid the causing of harm to another even in the indirect forms under discussion.

Kapos, Quotas and Cards

Rav Zvi Hirsch Meisels relates the following heartbreaking story:

מסחר נפשות עם הקאפו”ס

והנה ליום המחרת, שהיא יום א’ דראש השנה, אשר כל באי עולם יעברון לפניו כבני מרון, היה יום מהומה ומבוכה, ומפה לאוזן נתפשטה השמועה בכל המחנה, שלעת ערב יקחו את הנערים לבית המוקד, … ולהרבה אנשים שבמחנה הי’ להם בנם יחידם, אשר נשארו להם לפליטה, בתוך אלו הנערים או שאר בשרם הקרובים אליהם, או סתם ידידים אהובים אנשי עירם, והמה רצו כל היום בראש מבולבל מסביב הבלאק המוסגר, אולי יופתח איזה קרן אור להציל משם את הנער היקר להם עד שלא תחשך השמש.

אך השומרים הקאפו”ס לא שעו אל כל תחנוניהם ובכיותיהם להוציא איזה נער וילד, מבין המסוגרים אשר נדונים לשריפה, … במקרה הלזה הי’ גם טענתם בטענה צודקת בפיהם, היות שהם אחראים על סכום הילדים שהופקדו לשומרים אליהם, אשר היה במספר מדויק, ולעת ערב עליהם למסור אותם לידי אנשי הס’ ס’ ימ”ש במספר ובמנין כאשר מסרו להם, ואם יחסר אחד מהם אז דמם בראשם ויקחו אותם לשריפה, נפש תחת נפש.

אכן סוף סוף אחרי הרבה השתדלות ומו”מ של הקרובים עמהם גברה בהם תאות הממון, והסכימו בעד תשלום סכומים גדולים, לשחרר איזה נער וילד, ותיכף חטפו במקומו איזה נער אחר, מן הבא בידם בתוך המחנה, (מאלו שהצליחו להתחמק מהאוסף של אתמול או שנשתחררו בעת הבירור על ידי נגיעת ראשם בדף) וסגרוהו בהבלאק הנ”ל במקום הנער הפדוי כדי שיהיה המספר שלם.

והנה להרבה אנשים הי’ עוד סכומי כספים, או חתיכת זהב או מרגליות, טמון במטמונים ובמנעלים לעת הצורך, וכמובן שהי’ כמה אנשים פשוטים ובעלי קוצר השגה שלא עשו שום חשבונות מה נעשה במקום נער הנפדה, וקיבצו במסירת נפש כל הונם הנשאר להם או שהשתדלו לאסוף סכום הנצרך, מאחרים ידידים ומכירים, ופדו את בנם המסוגר מכליון בטוח, וככה נמשך סחר-מכר הלזה משך רוב יום הדין לעיני כל האנשים שבמחנה, …

אמנם כמובן שהי’ הרבה אנשים בעלי השגה, שלא רצו לפדות את בנם, על חשבון חייו של ילד אחר, כמאמר חכמז”ל מאי חזית, ולעולם לא אשכח עובדא נוראה אחת, אשר עיני ראו ואזני שמעו, אז בשעת ענין הנ”ל, אשר מעשה הלזה מסמל את קדושת בני ישראל, והתמסרותם לדרכי התורה הקדושה בתמימות אף בעת צרתם וסבלותם הנוראה.

מסירות נפש של אב מלהציל בנו יחידו

הנה ניגש אלי איש יהודי, שהיה נראה ליהודי פשוט מאויבערלנד, מתמימות הדברים שלו שאמר לי כדברים האלה.

רבי, הבן יחיד שלי, היקר לי מבבת עיני, נמצא שמה בתוך הנערים הנידונים לשריפה, ויש בידי היכולת לפדותו, והיות שידוע לנו, בלי שום ספק, שהקאפו”ס יתפסו אחר במקומו, על כן אני שואל מהרבי שאלה להלכה ולמעשה, לפסוק לי הדין על פי התורה אם אני רשאי לפדותו, וכאשר יפסוק כן אעשה.

[ועיין שם שלא רצה לפסוק הלכה בדבר זה, בלי ספרים, בלי רבנים אחרים ובלי ישוב הדעת, והתחנן אל השואל שאל יטיל עליו את האחריות הנוראה הזו. אולם האב השואל החליט, מתוך סרבנותו של הרב מייזליש להשיב תשובה ברורה, שהדבר אסור, ואמר שאם כן הוא מוכן להקריב את בנו יחידו על פי התורה וההלכה, ושהוא מקבל את זה באהבה ובשמחה, וכך עשה:] וגם ככה קיים דבריו ולא פדה את בנו, והיה כל היום, יומא דראש השנה, הולך ומדבר לעצמו בשמחה שזוכה להקריב את בנו יחידו לה’ כי אף שיש ביכולת בידו לפדותו עם כל זה אינו פודהו מחמת שרואה שהתורה לא התירה לו לעשות כזאת ויהיה חשוב לפני השי”ת כעקידת יצחק אבינו שהי’ גם כן ביום ראש השנה. …24

In a footnote, Rav Meisels analyzes the question Halachically. He begins by citing the Rema, Sema (citing the Nimukei Yosef citing the continuation of the Yerushalmi, as above), Shach (citing Ibn Lev), and Rav Landau, and he then proceeds as follows:

ונסתפקתי בנידן דידן אם האב לגבי בנו רשאי להשתדל לפדותו אף שיודע שעל ידי זה יותפס אחר. לפי מה שכתב בהגהות יד אברהם .. דנראה שהוא בעצמו יכול להשתדל בהצלתו אף אחר שנתפס, אף על גב שיודע שעל ידי זה יקחו אחר במקומו, מכל מקום אמרינן חייך קודמין, ודוקא לפדות לאחרים אסור להשתדל להציל, אם על ידי זה יקחו אחר במקומו ע”ש. ואם כן יש להסתפק אם אב לפדות את בנו בכי האי גוונא שיקחו אחר במקומו, אם האב נידון כאחר ואסור להציל בנו בכי האי גוונא או דגם האב לגבי בנו אמרינן חיי בנך קודמין לחיי אחרים. ועיין בבא בתרא (קל”ו ע”ב) פלוגתא אי בנו עדיף ליה מנפשיה ע”ש וצ”ע.

As I have argued earlier, the Yad Avraham’s assertion is quite puzzling, since it seems to contradict the Yerushalmi. Rav Meisel’s acceptance of it is even more baffling, since he has just cited both the Sema and Rav Landau’s responsum, which eliminates my earlier suggestion that the Yad Avraham disagrees with the Sema and does not accept the stringency of the Yerushalmi as normative.
Irving J. Rosenbaum cites the following discussion of Rav Efraim Oshry:

On the twenty-third of Elul, 5701 (September 15, 1941), the German supervisor of the Kovno ghetto (Jordan) provided the Aeltestenrat (Judenrat) five thousand “white cards” to be distributed to workers and craftsmen in the ghetto and their families. Only those having “white cards” would be allowed to remain. At that time there were about thirty thousand souls in the ghetto, of whom about ten thousand were such workers and their families. In consternation, those workers who were the strongest forcibly seized “white cards” for themselver from the Aeltestenrat. Rabbi Oshry perceived two halakhic questions involved in the matter. … The second: Was it permissible for a worker to snatch a card for himself, even though by so doing he would certainly be causing the death of another – since there were only five thousand cards for ten thousand workers? …

The second question – the permissibility of seizing a card and saving one’s own life at the expense of another – also has precedent in Jewish law. The first is found in the Shakh … However, Rabbi Oshry rejects this as a precedent for our case, since the Shakh’s decision applies only when the men have not yet been seized. Then it is permissible to try to prevent them from being taken, even though others would suffer as a result. However, the Shakh would most probably rule that if two men were already in custody, it would not be permitted to attempt to free them; for it would then be inevitable that two others would be taken in their stead. In the Kovno ghetto situation, one could say that the entire community was already “taken prisoner”. If so, the decision of the Shakh would not apply, and it would be forbidden for the workers to seize the “white cards.”

Yet it might be held, Rabbi Oshry continues, that in our case it would still be permissible. For as the Yad Avraham .. points out, it is only forbidden for others to try to rescue the imprisoned men when this will simply lead to different victimes being seized. However, it is certainly not forbidden for the prisoner himself to attempt to escape even though someone else will suffer. So too, here, the worker who seizes the card is saving himself, not another. But upon close examination this analogy proves imperfect. For the Yad Avraham is referring to a case where his action does not directly cause another to die. It is simply that if he escapes another is imprisoned in his place. Though the second man may ultimately die because of this, his death is not directly resultant from the act of the first. But in the Kovno ghetto, the seizure of the card by one workman would directly result in the death of one who was denied a card by his action.
It is possible to support this distinction between direct and indirect action from the classic case in the Talmud, Baba Metzia 62a.

If two men are traveling on a journey [far from civilization] and one has a pitcher of water, if both drink they will both die, but if one only drinks, he can reach civilization. Ben Patura taught: “It is better that both should drink and die, rather than that one should behold his companion’s death.” Until Rabbi Akiba came and taught: “‘that thy brother may live with thee’ (Lev. 25:36), thy life takes precedence over his life.”

As Rabbi Oshry explains Ben Patura’s point of view, it is the drinking by the one man that causes the death of the other. The saving of his own life is, thus, the direct cause of his fellow’s death. Ben Patura does not believe that the injunction of “and live by them” (Lev. 18:5) – not die by them – applies if one gains his own life by not attempting to save his comrade’s. And though Rabbi Akiba disagrees with Ben Patura, it is only in this case of the two travelers, where the one takes no direct physical action to injure his fellow, but simply refrains from giving him water, that Rabbi Akiba would sanction his behavior. However, in our case, where as a result of the direct action of seizing the card, a fellow workman will be delivered over to the murderers, it is quite possible that Rabbi Akiba would agree with ben Patura and forbid the action. … 25

Summary

To summarize, we have the following principles:

  • Actively, directly harming others, even קלים, ריקים, פוחזים, פרוצים ביותר, מגלי עריות ומחללי שבת, in order to save oneself is forbidden.
  • Mere evasive action, even with the inevitable consequence of harm to another, is permitted to both a potential victim himself as well as a friend of his, provided that the harm has not yet befallen the victim.
  • Once the harm has already befallen the victim, it is forbidden to shift it onto another. Some still allow the victim himself to take evasive action, but this view is problematic.

Postscript

The idea that Halachah allows the privileged, the rich and the well connected to utilize their wealth and influence to shift, even indirectly, the burden of military service onto their less fortunate brethren26 will very likely trouble those (such as me) with modern, Western value systems. This is apparently a classic example of the celebrated maxim of Rav Ya’akov Weil:

[פסקי] בעלי בתים ופסקי לומדים שני הפכים הם27

Notes

1 Job 2:4
2 One can, of course, consider the matter from an ethical perspective without invoking Halachah, and there may even be an ethic independent of Halachah, but our discussion will be limited to the Halachah.
3 Dr. Shapiro read a draft of this essay, and commented helpfully thereon.
4 בבא קמא פרק ג’ הלכה א
5 Bava Basra, p. 10 in the Rif pagination. He also cites the fourth paragraph, but he apparently understands it to be stating a different rule.
6 הגהת שו”ע חו”מ סימן שפ”ח סוף סעיף ב
7 שם ס”ק י
8 שו”ת פרי חיים חו”מ סימן ד
9 עיין בדברי החפץ חיים שנביא להלן, ובפתחי תשובה סימן קס”ג ס”ק כ”ז, ובתשובת רב שמואל לנדא שנביא להלן. ועיין להלן מה שנביא מהיד אברהם
10 ספר חפץ חיים הלכות לשון הרע כלל י’ באר מים חיים אות מ”ג
11 שו”ת מהר”י ן’ לב חלק ב’ סימן מ
12 חו”מ סימן קפ”ג ס”ק י”ח
13 גליון שו”ע שם
14 חדושי אמרי ברוך שם
15 חדושי מוהרי”ג שם
16 שם ס”ק כ”ז
17 שו”ת נודע ביהודה תנינא יו”ד סימן ע”ד, ציינו הפתחי תשובה חו”מ שם וגם הביא קצת מדבריו ביו”ד סימן קנ”ז ס”ק י”ג
18 יד אברהם, שו”ע יו”ד סימן קנ”ז סעיף א
19 But note that the introduction to the Shulhan Aruch states that the Yad Avraham was published posthumously from manuscript, so perhaps something was lost in transcription.
20 The objection of Rav Landau and of Hasam Sofer (see below) to the seizure of religiously lax youths is noted by Dr. Shapiro in footnote 16 of his article.
21 The question of Tinok She’Nishbeh is beyond the scope of this post.
22 שו”ת חת”ם סופר חלק ששי סימן כ”ט ד”ה ועל דבר, ציינו הפתחי תשובה חו”מ שם
23 עיין רמב”ם הלכות תשובה פרק ג’ הלכה ט’, הלכות רוצח פרק ד’ הלכה י’, שולחן ערוך יו”ד סימן קנ”ח סעיף ב’, אנצקלופדיה תלמודית ערך אפיקורוס
24 שאלות ותשובות מקדשי השם, שער מחמדים, עמודים ד – ו. Rav Meisel’s narrative is cited (in English translation) by Irving J. Rosenbaum, The Holocaust and Halakhah, pp. 3 – 5, and see his discussion of it in the endnote on p. 158. I thank Dr. Shapiro for bringing this story to my attention.
25 The Holocaust and Halakhah, pp. 24 – 30. He is citing Rabb Oshry’s Divre Efrayim, p. 95, a work to which I do not currently have access.
26 I have seen no discussion of whether there’s any ethical imperative, such as Lifnim Mi’Shuras Ha’Din or Middas Hassidus, to refrain from so doing.
27 שו”ת מהר”י ווייל סוף סימן קמ”ו, הובא בסמ”ע סימן ג’ ס”ק י”ג




Marc B. Shapiro – Responses to Comments and Elaborations on Previous Posts II

Responses to Comments and Elaborations of Previous Posts II
by Marc B. Shapiro
In a previous post I wrote as follows:
In Kitvei Ramban, vol. 1, p. 413, Chavel prints the introduction to Milhamot ha-Shem. The Ramban writes:
וקנאתי לרבנו הגדול רבי יצחק אלפאסי זכרונו לברכה קנאה גדולה, מפני שראיתי לחולקים על דבריו שלא השאירו לו כפי רב מחלוקותיהם ענין נכון בכל מה שדבר, ולא דבר הגון בכל מה שפרש, ולא פסק ראוי בכל מה שפסק, לא נשאר עם דבריהם בהלכות זולתי הדברים הפשוטים למתחיל פרק אין עומדין
In his note Chavel explains the last words as follows:
רק בסוף הפרק הזה נמצאה השגה אחת מבעל המאור
Yet what Ramban means by למתחיל פרק אין עומדין are the children who begin their talmudic study with Tractate Berakhot. In other words, it is only the explanations and pesakim of the Rif that are obvious even to the beginner that have not been challenged.[1]
Ephraim responded as follows

WRT the reference of Ramban to פרק אין עומדין, both you and R. Chavel are wrong. Ramban is clearly referring to the gemara’s explanation of the Mishnah’s ruling at the beginning of that chapter of אין עומדין להתפלל אלא מתוך כובד ראש, which is that one should learn an undisputed halakha prior to davening. It is only on those simple and undisputed halakhos that the Maor did not disagree.

Fotheringay-Phipps wrote:

The basic problem with Dr. Shapiro’s (or R’ Mazuz’s, as the case may be) pshat is that Ain Omdin is the fifth chapter of B’rachos, not the first. If the Ramban meant the perek that a kid starting out learns, why would he choose the fifth perek? I think R’ Chavel’s pshat is somewhat of a better pshat, since Ain Omdin is somewhat unusual in that there is only one haga’a from the Ba’al Hamoar in the whole perek, and I incline to think that this is what the Ramban meant.

I presented these comments to R. Mazuz and he replied as follows:

לפי פירוש כת”ר היל”ל הדברים הפשוטים שבתחלת פרק אין עומדין. אולם ידוע שבעדות המזרח התחילו ללמוד מסכת ברכות (וכ”ה בשו”ת הרי”ף סימן רג”ג). בניגוד לנהוג היום בתלמודי תורה להתחיל פרק אלו מציאות. ואבא זצ”ל התחיל לתלמידים בפרק תפלת השחר (ומסתמא כך נהגו בג’רבא) שהוא הפרק הכי קל בין הפרקים א’ ב’ ג’ ד’ במסכת ברכות. לכן יתכן מאד שבימי הראשונים התחילו דוקא בפרק אין עומדין (שהוא קל אפילו יותר מפרק תפלת השחר, ורובו דברי אגדה). וזוהי כוונת הרמב”ן

With regard to his point about the Sephardim beginning their instruction from Berakhot, in R. Mazuz’s new book, Arim Nisi, p. 364, he notes that R. Shakh, Shimushah shel Torah p. 88, refers to the Maskilim’s attempt to institute this in Europe as a “reform.” Yet in reality, this practice has a long history. R. Mazuz writes:

ונעלם ממנו במחכ”ת שכן מנהג הספרדים עד היום הזה, והוא מנהג קדמון מימי הרי”ף והגאונים, ואולי מימי רבי מסדר המשנה שהתחיל בסדר זרעים במסכת ברכות. ולפני כששים שנה הדפיסו באי ג’רבא מסכת ברכות בהשמתטת הקטעים שאין רגילים ללמדם לתלמידים בהסכמת רבני העיר וט”ו מרביצי תורה שבעיר, ויצאו מהם פירות ופירי פירות

Since I mentioned R. Mazuz’s comment vis-à-vis what R. Shakh wrote, I should add that he criticized him on other occasions as well. These criticisms were always offered with proper respect. Yet there are those in the Lithuanian world who have no interest in hearing what another gadol has to say if it not in line with current Daas Torah.[2] R. Mazuz states that he once sent a letter to Yated Neeman pointing out an error R Shakh made, and they refused to publish it. After this paper refused to publish two more of his letters, he stopped sending them, as the hazakhah had been established.[3]
He also tells us that if the editors had a different attitude, he would have also sent in something dealing with the proper way to pronounce the word אחד in Shema, since there was a great deal of discussion in the newspaper by people who didn’t know what they were talking about. The truth is that a dalet without a dagesh is very similar to a zayin[4] and is still preserved among the elders of Yemen and Iraq. He cites one of Ibn Gabirol’s poems which reads:
לאטך דברי שיר דבורה
אשר קרית שמע מפיך יקרא
מיחדת ומארכת באחד
In Peter Cole’s translation:

Take, little bee,
your time with your song,
in your flight intoning the prayer called “Hear”
declaring and stretching “the Lord is one.”[5]

In other word, the bee’s buzzing (zzz) shows us how one can extend the dalet. It is pronounced in the way that the letter can be extended, which cannot be done with a hard dalet.

R. Shakh was a man of truth, and he certainly would have wanted to be corrected. All true scholars are happy when this happens, and this is what intellectual honesty is all about. But Yated Neeman has never been interested in truth or intellectual honesty, but in pushing a religio-political agenda, and therefore not only do they refuse to print such corrections of their gedolim, but they have even published material which they know is untrue. I refer in particular to their slander of R. Kook, stating that he applied the verse Ki Mitzion Tetze Torah to the Hebew University. Even though the truth was pointed out to them they continued to print the slander. One can read all about this in Moshe Maimon Alharar’s book Li-Khevodah shel Torah.

Returning to R. Mazuz and R. Shakh. R. Shakh had written

Whence did Hazal know that the earth was forty-two times larger than the moon, and that the sun was approximately one-hundred-and-seventy times larger than the earth (as explained in the Rambam, Hilkhot Yesodei Hatorah 3:8), if not from the power of the Torah?

Some might recognize this passage as it was subject to a very strong critique by R. Aharon Lichtenstein. I am sure that many in the haredi world were very upset by what R. Lichtenstein wrote, but it pales in comparison to what R. Shakh wrote about the Rav’s Hamesh Derashot.[6] Among his negative comments, he referred to Rav’s Zionist ideas as ממש דברי כפירה.

R. Lichtenstein actually has two replies to the quote from R. Shakh. They are both found in the same essay, but the essay has appeared in two different versions. In the original version he wrote as follows.

Upon reading the passage, one can only reflect, first, that the description cited is nowhere to be found in Hazal, but derives, rather, from medieval astronomers; second, that it is in conflict with the rudiments of contemporary scientific assumptions, and, third, that it hardly consorts with the fact that the selfsame Rambam had explicitly stated, with respect to these very issues, that they were beyond the pale of Hazal’s authority. . . . The high regard properly due the author of the Avi Ezri notwithstanding, one can only conclude that, evidently, when their reach exceeds their grasp, even acknowledged and esteemed talmdei hakhamim may falter.[7]

Yet when this essay was reprinted in Leaves of Faith, vol. 2, the criticism was softened:

In raising this question, he is wholly oblivious not only of the rudiments of astronomy but also of the fact that the selfsame Rambam explicitly states, with respect to these very issues, that they are beyond the pale of Hazal’s authority.

כן בדברי חז”ל. וכמבואר להדיא בהקדמתו לפירוש המשניות (בש”ס ברכות דפוס ווילנא דף נה סע”א וע”ב) שהמקור לזה מספר אלמגסט”י. והוא ספרו של בטלמיוס הידוע בחכמת האסטרונומיא. ועפ”ז כתב הרמב”ם בהלכות יסודי התורה (שם) שהשמש גדולה מן הירח פי 6800. ורלב”ג עה”ת (בפסוק ויאמר אלקים יהי מאורות) חולק על זה וכתב כי השמש גדולה מהירח פי חמשים אלף, כמו שביאר בח”א ממאמר חמישי מס’ מלחמות ה’ ע”ש. וכיום ידוע שהשמש גדולה מן הארץ פי מליון שלש מאות אלף

In response to this citation of R. Shakh in Yated Neeman, R. Mazuz wrote as follows (Or Torah, Adar 5753, pp. 461-462):

והנני להעיר שהרמב”ם כתב כן ע”פ חכמי המדע בימיו ולא נצמא כן בדברי חז”ל. וכמבואר להדיא בהקדמתו לפירוש המשניות (בש”ס ברכות דפוס ווילנא דף נה סע”א וע”ב) שהמקור לזה מספר אלמגסט”י. והוא ספרו של בטלמיוס הידוע בחכמת האסטרונומיא. ועפ”ז כתב הרמב”ם בהלכות יסודי התורה (שם) שהשמש גדולה מן הירח פי 6800. ורלב”ג עה”ת (בפסוק ויאמר אלקים יהי מאורות) חולק על זה וכתב כי השמש גדולה מהירח פי חמשים אלף, כמו שביאר בח”א ממאמר חמישי מס’ מלחמות ה’ ע”ש. וכיום ידוע שהשמש גדולה מן הארץ פי מליון שלש מאות אלף

R. Mazuz’s second letter deals with the nature of darkness. Yated Neeman had printed the Vilna Gaon’s opinion that darkness is not simply the absence of light but its own creation. R. Mazuz responded that this is in opposition to the opinions of the Rambam, Ramban, R. Joel Sirkes, R. Elijah Mizrahi and the Siftei Hakhamim. Subsequent to writing the letter he learnt that this view was also held by R. Saadiah Gaon, Ibn Ezra, Radak, and the Kol Bo (see ibid., p. 946) After pointing out that the Vilna Gaon’s view is held by R. Jacob Emden and the Hida. He concludes:
מכל מקום אין לקרוא לסברא. שהחשך הוא העדר “דברת המינים” ח”ו. ואלו ואלו דברי אלקים חיים
As already mentioned, Yated Neeman does not like to print letters from those who are able to show that the newspaper has erred. Only newspapers interested in the truth do that.

In his Kovetz Ma’amarim, pp. 102ff., R. Mazuz includes another letter he sent to Yated which also was not printed. The paper had published the view of the Steipler and R. Chaim Kanievsky that even Sephardim should pronounce the final vowel of אד-ני as Ashkenazim pronounce the kamatz, since otherwise it appears as it if there is more than one God.

R. Mazuz shows how mistaken this is, and illustrates though various texts that the way the Sephardim pronounce the kamatz today is precisely how it was pronounced in medieval times. For example, he cites one of Ibn Gabirol’s Azharot:

אנכי ה’ / קראתיך בסינַי/ ולא יהיה על פנַי / לך אלהים אחרים
One can easily see that the words are designed to rhyme, so obviously the last syllable of Ado-nai was pronounced the same way as Sinai and panai.
2. Since I just mentioned R. Aharon Lichtenstein, let me quote something else he wrote that relates to what I noted in a previous post.[8] I pointed to the common phenomenon of people rejecting the authenticity of texts that don’t agree with their preconceptions. R. Lichtenstein states:

The Rav had no patience for philosophies that glorified passivity and reliance on miracles. At the beginning of the 1960’s, a few years after the launch of Sputnik, I had occasion to talk with the Rav about those people who claimed that man should not reach out for the heavens, for “the heavens are the heavens of God,” and only “the earth is given to human beings.” The Rav heaped scorn upon them. One of those present jumped up to protest: “But Rabbi, the Ramban in Bechukotai (Vayikra 26:11) speaks about how a person should have faith in the Holy One, and not to delve into matters that are too wondrous for him.” The Rav replied, “I heard from my father, in the name of my grandfather, that the Ramban never uttered that statement!”

Although not identical to the Ramban’s position, there was also a medieval Jewish view that doctors should only be consulted for things like sprained arms, but that when it came to internal diseases one should only resort to prayer. Lest one think that this idiosyncratic position has totally disappeared, I have even found a twentieth-century author who adopts it,[9] leading R. Ovadiah Yosef to strongly reject this view in his haskamah.

3. In a previous post[10] I called attention to an error made by H. Norman Strickman and Arthur Silver. They claimed that according to Radak’s commentary to Gen. 14:14, after the conquest of the Land of Israel the reading of this verse was changed to read “and pursued as far as Dan.” Dr. Strickman has informed me that in the Afterword to his translation of Ibn Ezra to Leviticus, p. 291, he himself corrected the errror. The correct reference is to Radak’s commentary to I Sam. 4:1. Here Radak leaves no doubt that he indeed believes that the text of the verse was changed.
על האבן העזר: כמו הארון הברי’ והכותב אמר זה כי כשהיתה זאת המלחמה אבן נגף היתה ולא אבן עזר ועדיין לא נקראה אבן העזר כי על המלחמה האחרת שעשה שמואל עם פלשתים בין המצפה ובין השן שקרא אותה שמואל אבן העזר שעזרם האל יתברך באותה מלחמה אבל מה שנכתב הנה אבן העזר דברי הסופר הם וכן וירדף עד דן
With this text, we can now understand Radak’s commentary to Gen. 14:4 as also referring to a post-Mosaic change. Without this text, there would be no reason to assume that Radak in Gen 14:14 is not referring to Moses’ prophetically writing the word “Dan.”

As I pointed out in my previous post, in the introduction to his Commentary on the Torah Radak insists on complete Mosaic authorship. In order that there be no contradiction between the sources, we must assume that Radak means that no sections (or even verses) were written by someone other than Moses, but not that there are no minor post-Mosaic changes. In my book I pointed out that Radak understood tikkun soferim literally, that is, the Scribes actually made minor changes to the text of the Torah.[11]

(With regard to false ascription of critical views vis-à-vis the Torah’s authorship, I should also mention that Abarbanel, Commentary to Numbers 21:1, accuses both Ibn Ezra and Nahmanides of believing that the beginning verses of this chapter are post-Mosaic. Yet Abarbanel must have been citing from memory, since neither of them say this. In fact, Ibn Ezra specifically rejects the notion that the verses were written by Joshua.)

4. In a previous post I mentioned R. David Zvi Hillman’s strong attack on R. Kafih. It is only fair to point out that Hillman’s letter was the impetus for an even sharper attack on Hillman. See here, here, and here for the relevant documents.

R. Kafih was a follower of the Rambam who wrote that one should be “among those who are insulted, but not among those who are insulting” (Deot 5:28). While the articles make many good points, the crude language used is entirely unacceptable.

5. With regard to the Netziv and reading newspapers on Shabbat, Dr. Yehudah Mirsky has called my attention to the Netziv’s article in R. Kook’s journal, Ittur Soferim (1888), pp. 11-12, where the Netziv offers halakhic justification for this practice. Unfortunately, this short article was not included in Meshiv Davar, vol. 5, which appeared in 1993. (Presumably, the editors were unaware of it.) This most recent volume of Meshiv Davar is a bit strange, because the editors don’t tell us anything about where they found previoiusly unpublished responsa included here. From a historical standpoint, the most interesting responsum is no. 44. Here the Netziv blasts the new analytic approach of R. Isaac Jacob Reines, which is found in his Hotam ha-Tokhnit and Urim Gedolim.

Other than an anonymous article in Ha-Peles 5 (1903), pp. 673-674, in which Reines’ approach is regarded as falling into the category of “that which is new is forbidden by the Torah,” I don’t know of any other attacks on him. For some strange reason, Saul Lieberman thought that R. Yaakov David Wilovsky’s famous attack against the Brisker method, found in the introduction to his Beit Ridbaz, was directed against Reines. Shaul Stampfer quoted this in Lieberman’s name in the first edition of his masterpiece, Ha-Yeshivah ha-Lita’it be-Hithavutah (Jerusalem, 1995), p. 113 n. 29, but omits Lieberman’s comment in the second edition of this book (Jerusalem, 2005).

6. In a previous post I wrote about the issue of kosher sturgeon. Shortly after the post appeared I read David Malkiel’s article on R. Isaac Lampronte’s Pahad Yitzhak.[12] Malkiel, p. 129, points out that the most famous entry in the work deals with the authority of customs, and focuses on whether a certain type of sturgeon is kosher. Lampronte tell us that the custom in Ferrara was to eat it.

I wrote the post without doing an internet search, which is now the first place people go when beginning their research. Only after the post appeared did I do such a search and I came up with the following very interesting post by Rabbi Seth Mandel.[13] He writes as follows:

I have asked several rabbonim about how it came to pass that if the Noda’ biY’hudah paskened unequivocally that sturgeon is kosher, every book says black on white that it is not. Of the two rabbonim who even were aware of the issue, one said that of course sturgeon is kosher, and the fact that there is none with a hekhsher is either because the rav hamakhshir doesn’t know about the issue, or you can’t get a rav hamakhshir to the fishing plants. . . . The other rov said that of course, no recognized halakhic authority would contradict the Noda’ biY’hudah on this, but since Jews believe they are not kosher, and the only ones pushing their kashrut are the C or R, why should an O rov fight to show they are kosher, as if we accept the way they arrive at their decision? . . . 

I challenge anyone to find a posek who deals with the issue and refutes the Noda’ biY’hudah. I am _not_ saying that I “know” that there is no one; what I am saying is that I have been looking for years, and have found no one. Please do not hesitate to correct me if anyone knows of a source (but one that knows that the Noda’ biY’hudah had a t’shuva on this). The books on the kashrus of fish just take it as a given that since sturgeon, as R. Josh says, do not have scales but rather bony tubercules, they are not kosher. My bottom line is I don’t care if people hold that they are not kosher (I don’t like fish eggs, anyway), but it seems to me inexcusable for these books to distort the Torah by giving the impression that everyone agrees on this issue. The Noda’ biY’hudah is not just anyone. My goodness, he is not even MO, L, or Chareidi, so there go most of the opportunities for saying “WADR to the Noda’ biY’hudah, he is MO/L/ wears a grey hat, and so cannot be representative of true Torah.” The only thing you can say is that he was an opponent of chasidus, but even according to the Chasidim, that is not an issue, since a famous story of the Chasidim is that he repented on his deathbed from all the not nice things he said condemning chasidus (and the story _must_ be true, since it is retold in the CIS Shulman “authorized” biography of him).

Rabbi Mandel wrote this before he was appointed to his current important position in the OU kashrut organization. Somehow, I don’t think he would have expressed himself this way if he was then working in the kashrut industry.[14]

7. I was fortunate to spend back-to-back Shabbatot with Prof. Daniel Sperber. I learnt much from my conversations with him, and I think people will enjoy listening to his presentations. He is currently president of the Jesselson Institute for Advanced Torah Studies at Bar Ilan University, and was kind enough to give me a recent volume published by them, Mi-Sinai le-Lishkat ha-Gazit by Shlomo Kassierer and Shlomo Glicksberg. This book analyzes the relationship between the written and oral law, and the nature of rabbinical authority. What makes the book significant is the combination of traditional and academic study. Anyone who wants to understand the latest thinking on this topic would be wise to consult this book.

8. Many people contacted me following my last post on Rabbis and Communism, so let me add a few further comments. R. Baruch Oberlander called my attention to Likutei Sihot, vol. 33, pp. 248-249. Here the Lubavitcher Rebbe states that there is no contradiction between Judaism and socialism. He adds that in Russia, before the Revolution, he knew many socialists, even radical ones (which I assume means real communists), who were completely Torah observant. See also Iggerot Kodesh, vol. 22, p. 497.

Since my last post mentioned R. Jacob Emden and Abraham Bick’s communist ties, I should also mention Mortimer Cohen, the author of Jacob Emden: A Man of Controversy. This was the first academic defense of Emden, and was subjected to withering criticism by Scholem. Marvin Antelman, who has made attacking Eybschuetz one of his life’s goals, also sets his guns on Cohen, accusing him of having been the “’rabbi’ of a secret sect of Sabbatean communists, who carried on the Frankist conspiracy in Philadelphia” (Bekhor Satan, p. 44).

R. Nathan Kamenetsky wrote to me pointing out that when R. Dovid Leibowitz was let go from Yeshiva Torah va-Daas in the 1930s, one of the complaints against him was that he was promoting communism (whether the complaint was justified I cannot say. Kamenetsky continues: “My son, R’ Yoseph, pointed out that the Torah divides wealth evenly when it sets the law of Yovel. At the conquest of Canaan, the land was divided evenly, and every fifty years thereafter, by which time there would be wealthy lanlords and poor ones, the Torah redistributed the land in its original lots. (The difference between large estates and small ones would then result only from family sizes, by which families with many children would have smaller fields than and those with many children.)”

I had wondered about the meaning of the word ,סוללים and suggested that it refers to a white-collar profession. Kamenetsky writes:

You do not base your suggestion on philology – and nor will I. I also do not think that you are correct sociologically that white-collar workers were assumed to be less religiously observant than other Jews. I believe that Rabbi Graubart meant pharmacists, because, like doctors, they were not expected to be observant. I know this from my father’s attitude (which was grounded in the pre-World War I Jewish environment). For example, when my father would speak of my native Tzitevian, the town where he served as rabbi, and telling an involved story about how a Jewish woman who was suspected by my mother of not using the mikveh found that her husband was carrying on with their goyisheh maid, he added, (not in these exact words) “Naturally, besides the pharmacist’s wife, all the women in the shtetl used the mikveh.” Insofar as doctors, and likely pharmacists too, they weren’t trusted to be profesionally reliable if they were observant! See my Making of a Godol, page 557, (within my discussion about Dr. Einhorn, a mysterious figure), where I quote an article about that doctor which said, “The [townspeople] realized that [Dr. Einhorn’s] way of life, his devoutness, did not harmonize with his profession.”

9. Dr. Yehudah Mirsky called my attention to Mordechai Zalkin, “Bein ‘Bnei Elohim’ li-Vnei Adam’: Rabbanim, Bahurei Yeshivot ve-ha-Giyus le-Tzavah Ha-Russi ba-Meah ha-19,” in Avriel Bar-Levav, ed., Shalom u-Milhamah be-Tarbut Ha-Yehudit (Jerusalem/Haifa, 2006), pp. 165-222. I was unaware of this fabulous article which is a detailed survey of the issue of rabbis and the Cantonist problem. Let me just quote his concluding paragraph, which I was happy to see supports a suggestion I made. Coming from Zalkin, who is an expert in the history of Russian Jewry, it should be taken very seriously.

אין בידינו כלים לבחון את מידת השפעתו ארוכת הטווח של תהליך זה על מערך היחסים הבסיסי בחברה היהודית המזרח אירופית משלהי המא התשע-עשרה. אולם יש מקום להניח שלתחושת האכזבה והתסכול מאופן תפקודה של הרבנות המזרח אירופית בפרשת הגיוס היה חלק לא מבוטל במגמות החילון ובנהייה אחר תנועות אידאולוגיות שהציעו מודלים מנהיגותיים אחרים, שרווחו בקרב יהודי מזרח אירופה במחצית השנייה של המאה התשע-עשרה
Notes
[1] See R. Meir Mazuz’ note in R. Hayyim Amselem, Minhat Hayyim, vol. 2, p. 15.
[2] I stress the “current” Daas Torah, since Daas Torah has been known to change. For example, Yated Neeman will, for obvious reasons, no longer mention the Daas Torah set forth by the Brisker Rav, the Steipler, and R. Shakh, and which was the official haredi position for many decades, namely, that one is not permitted to serve in the Israeli government batei din. With regard to Daas Torah, the quote from R. Itzele that I mentioned in my last post is very interesting
החלק הפוליטי נחוץ, כי על ידו נמשוך את בני הנעורים והרחוב להסתדרותנו. גם הלא אנו רואים, כי כלל ישראל חפץ בו, בוודאי מאת ד’ הייתה זאת. וכלל ישראל הוא גבוה ונעלה מגדולי התורה. ישראל אם אינם נביאים, בני נביאים הם
In the haredi version of Daas Torah, the opinions of the masses are meaningless, indeed they are said to be – by definition – in opposition to Daas Torah (which always makes me wonder how laypeople such as Jonathan Rosenblum are able to understand and explain Daas Torah). Yet R. Itzele places the opinion of the religious masses on a higher level than that of the rabbis (à la kol hamon ke-kol shadai). One reader informed me that R. Avraham Shapira quoted this passage in defense of Zionism, i.e., the religious intuition of the people, who supported Zionism, trumped the view of the gedolim, most of whom opposed Zionism.
[3] Or Torah, Adar 5753, pp. 461ff., 946.
[4] See Shamma Friedman, “Le-Inyan ha-Devorah be-Shiro shel Ibn Gabirol, u-Minhag Ehad bi-Keriat Shema,” Lashon ve-Ivrit, Dec. 6, 1990, p. 31.
[5] Selected Poems of Solomon Ibn Gabirol (Princeton, 2000), p. 69.
[6] See Mikhtavim u-Ma’amarim, vol. 4, p. 107. See also his strong attack on the Rav’s ideology, ibid., pp. 35ff.
[7] “Legitimization of Modernity: Classical and Contemporary,” in Moshe Z. Sokol, ed., Engaging Modernity (Northvale, 1997), pp. 21-22
[8] See here.
[9] R. Reuven ben David, Meshiv Davar (Jerusalem, 1979), no. 2.
[10] http://seforim.blogspot.com/2008/01/clarifications-of-previous-posts-by.html
[11] Limits of Orthodox Theology, p. 99. I also note that Radak doesn’t usually mention the various tikkunei soferim, which probably means that he did not accept them.
[12] “The Burden of the Past in the 18th Century: Authority, Custom and Innovation in the Pahad Yitzhak,” Jewish Law Annual 16 (2006), pp. 94-132
[13] See here.
[14] In a future post I hope to deal with the history of the kashrut industry. For now, let me just note that among the many ways we are more fortunate than those of previous generations is that we can even buy toilet bowl cleaner with a hashgachah (it is parve.). See here. Here is the actual letter of certification.

[15] See http://torahinmotion.org/store/store.htm



A Puzzling Example of Plagiarism

One of the strange facts connected with plagiarism is that, at times, it is hard to discern what the motivation is to plagiarize. For example, we have seen a person today that continuously plagiarizes entire books even though he is well-known and, if the approbations on his books are any indication, well-respected. Still, he has plagiarized, in their entirety at least three books and seems to continue to do so. While monetary gain may be a reason, I don’t see this as making him rich.

Another example where it is hard to figure out why the person plagiarized is an earlier case, a case from the early 19th century. Again, we are dealing with a book that was plagiarized in its entirety. Such examples, where the whole book is appropriated, makes it easy to show that this is a case of plagiarism and not merely that a sentence or two was not cited properly. This particular example also has the benefit that although an entire book was stolen and then republished under the very same title, it appears that detection of this eluded some experts in the field of Jewish books. Specifically, as we shall see that Israel Zinberg, had no knowledge of this. First, the original.

The book in question is a small work, Ha-Matzah Hadasha, published in Amsterdam as part of a collection of works. The entire collection, that includes three other works, is Shir Emunim. The author of these works is R. Moshe Piza. Ha-Matzah Hadasha is a book whose purpose is to demonstrate and list the words that contain the letter Shin and to distinguish between a Shin and a Sin. Additionally, R. Piza included a short commentary on the bottom that provides translation for some of the words he lists. Finally, R. Piza includes a poem of sorts at the end that lists the Sins in Tanach.


Ha-Matzah Hadasha, Amsterdam, 1793

Now, the plagiarized version. For this we travel from Amsterdam to Vilna. Zinberg, (A History of Jewish Literature, New York, 1975, vol. 6, pp. 282-84) in discussing the early rumblings of the Haskalah movement points to an “interesting person” Naftali Hertz Shulman. Shulman was very well-read and may have been proficient in Russian, German and Latin, something very uncommon for Jews of the time. He gave classes in the Rambam’s Moreh Nevukim and was a teacher to many wealth students. Shulman attempted to start a journal that would provide information “about commerce and political events, and the lover of science about scientific discoveries.” The stated purpose of the journal was so that “much knowledge in the realm of various languages, mathematics, geography, the natural sciences, etc. will be disseminated among our people.”

Now, in 1804, Shulman published R. Benyamin Mussafia’s lexographic work, Zekher Rav. Additionally, in 1804, under his own name, Shulman published Ha-Matzah Hadasha. On the title page Shulman states that “he gathered the information [in Ha-Matzah Hadasha] from many places” but never says that the entire work is word for word from R. Piza’s earlier work. Zinberg, in his three pages on Shulman – most of glowing with Shulman’s accomplishments – never mentions this fact. This is so, although the fact that Shulman plagiarism was already noted by Roest in his catalog of the Rosenthal collection, Yodeh Sefer no. 520. Roest notes that Shulman plagiarized Piza’s entire work. It is worth noting that in truth Shulman did not plagiarize R. Piza’s entire work – Shulman left out the final poem (I have provided it below).

Even auction catalogers, whose job presumably is to increase the value of auction items, were unaware of this fact. In the Judiaca Jerusalem catalog (April, 2008) they had Shulman’s work for sale. They merely note that Shulman probably wrote this work – a work to differentiate between a the two similar letters of Shin and Sin – due to the unique Lithuanian pronunciation. Not only do that not mention the work is not original to Shulman, their explanation fails to account for the fact the work was never written in response to Lithuanian pronunciation as it was originally written in Amsterdam by a Sefardic author, R. Piza.


Ha-Matzah Hadasha, Sklov, 1804

Now, in light of Zinberg’s description of Shulman, Shulman appears to have been well respected in Vilna, as I mentioned he taught many wealthy children, Shulman published his own works and was involved with many members of the early Haskalah even going so far as to suggest publishing the journal mentioned above. It is therefore perplexing then he would plagiarize an eight page book that for the most part is merely a list of words from Tanach that merely highlights whether there is a Shin or a Sin. Below, are scans from the original and Shulman’s edition.


A Page from Shulman’s edition

The same page from Piza’s original version

The poem that appears at the end of Piza’s Version

Note
Additionally, it may be that he actually plagiarized another book as well. While this is highly speculative, another book, discussed here, was plagiarized from R. Abraham ben HaGra in 1804 by a Yehuda ben Naftali Hertz. I don’t know if this Yehuda ben Naftali Hertz is related to the Naftali Hertz above but the similarity in name, place of publication, as well as the timing may be an indication that either it is the same person or somehow connected.