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Review of a new edition of the Sefer Chasidim

Review of a new edition of the Sefer Chasidimby R. Eliezer Brodt
As recently mentioned on this blog this generation is privileged to have many seforim especially rishonim being reprinted in critical editions based on manuscripts etc. One of the publishing houses which has been involved in publishing such works is Mechon Otzar haPoskim. A few years ago they released a few volumes of a critical edition of the Mahzhor Vitri which to date its still not complete. And now, a few weeks ago they published two volumes (of eventually four volumes) of the Sefer Hassidim. In this post I would like give some background on Mechon Otzar haPoskim, the Sefer Chassidim in general and this recent version in particular. Mechon Otzar haPoskim was founded in the 1950’s by two great gedolim R. Isser Zalman Meltzer and R. Yitzchak Isaac Herzog. R. Herzog explained (introduction to Otzar haPoskim compendium on Even haEzer) the reason for founding of the organization was due to the almost limitless nature of Halacha and thus at times poskim find themselves having to deal with very difficult topics and do not have access to most of the seforim of the many great Gedolim of the past that would help them deal with these difficult topics. Attempts to deal with the vast amount of halacha literature had been previously attempted by the Peschei Teshuva and Darkei Teshuvah. But, today, both of these works are limited as the body of literature has expanded significantly since these earlier works came out. R. Herzog thus had the idea to create a modern compendium using what he had available. He then heard that R. Isser Zalman had the same thoughts so they decided to work together and gather a group of Gedolim to systematically go thru the teshuvot literature, abridge it, and place it in the parallel place in the order of the Shulchan Orach. R. Isser Zalman had an additional reason why he wanted to start this organization. He felt that many talmdei chachamim needed parnasah so this was a great way to help them by employing them to go thru all the seforim (Derech Etz Chaim vol. 2 p. 327).
With the help of Dr. L. Magnes, R. Herzog was able to raise funds to start this organization. Card catalogs were made and the seforim were cataloged according to topics forming the now-famous Otzar haPoskim catalogs. These catalogs are the notes culled from thousands of seforim. A look in the index of earlier volumes of the Otzar haPoskim will show that they in the fifties were going thru more volumes of seforim than the Frankel edition of the Rambam did in their recent, final volume! Interestingly, R. Isser Zalman inherited an excellent library from R. Chaim Berlin which contained thousands of rare seforim which were unknown to most people. R. Isser Zalman made sure these seforim were used and quoted in the Otzar haPoskim (Derech Etz Chaim vol. 2 p. 328). R. Isser Zalman also the one who made the decision which works would make it into Otzar haPoskim and which would not. To date this catalog has helped many seforim such as the many volumes of Mo’adim l’Simcha. Otzar haPoskim’s main work has been the Otzar haPoskim on Even haEzer. Anyone needing sources on topics relating to Even haEzer; this has a tremendous amount of sources. One interesting point about this work is that one finds all kinds of Rabbonim getting along – quoted side by side. A few years ago they mentioned that the volumes of Otzar haPoskim on Orach Chaim are in preparation one only hopes that they will come thru to create such an important necessary work on Orach chaim [This is actually available on the Morgenstern, Otzrot haTorah, hard drive as well as on the Otzar haPoskim on Hoshen Mishpat.] Recently they have expanded their repertoire to include the publication of Rishonim such as the Machzor Vitri and, now, the Sefer Chasidim. The Sefer Chasidim has been reprinted many times ever since it was first printed in Bologna in 1538. R. Saadia Helvona in his introduction to his commentary on the Sefer Chasidim, Mishnat Chasidim, notes that the Sefer Chasidim is encyclopedic in nature as it includes both halacha and aggadah. The Sefer Chasidim is extremely popular and it is quoted by many rishonim and achronim for all kinds of things. Aside from quotations, there seems to be a certain awe about it which is hard to explain especially when it comes to the tzavah (the ethical will) which was printed in many of the editions (first printed in Yesod haTeshuva, Cracow, 1585).
The tzavah itself is the subject of many teshuvot and even some entire seforim. Without going into the whole history of this topic (which R Gutman promises us will be one of the forthcoming volumes) its worth mentioning aside from the well-known teshuva in the Nodah beYehudah (Even haEzer Tinyanah no. 79), where he writes that there are many things in the tzavah which conflict with Chazal and those statements do not need to be followed. There is an additional, lesser known statement from the Noda BeYehudah about the tzavah. R Eleazer Fleckels (most well know for his Teshuvah m’Ahahva), in his Olat haChodesh (vol. 1 p.15) records that the Nodah beYehudah would respond when asked if there is a problem marrying someone if that will cause the future father-in- law and future son-in-law will share the same name (which the tzavah states is a problem) “before you ask me about following the tzavah of R. Yehudah haChasid ask me about the tzavah (or statement) of Chazal which decries marrying the daughter of a am ha’aretz! [This sentiment, however, is disputed in the Teshuvos Matzav haYashar (volume 2 pg 44) where he writes “in his old age that whenever he saw people going against various statements in the tzavah nothing good ever came from it!] The true authorship of the Sefer Chasidim is unclear. Some attribute it to R. Yehudah haChasid (Chida and others) but R Avrohm ben haGra records that his father, the Gra, held R. Eleazer Rokeach wrote it (Yeshurun, vol. 4 p. 250). R Frumkin also records this statement from the Gra– R. Frumkin’s source is a manuscript of R. Yisrael of Shklov’s Pas haShulchan (Toldos Chachmei Yerushalim, vol. 2 p. 102 the end of note 1; see also Chaim Michal, Or haChaim p. 456). Abraham Epstein writes that the Sefer Chasidim doesn’t have a single author but instead it is from three different people – R Shmuel haChassid, his son R Yehudah haChasid, and R. Eleazer Rokeach (Kitvei R. Avrohom Epstein, vol. 1 pp. 258-261). R. Gutman in the introduction to his new edition of the Sefer Chasidim brings many other different sources in regard to the authorship of this sefer. Recently Professor Haym Soloveitchik shows in a beautiful article based on Yakov Reifman that not only are is the work of different authors but there are completely different styles and what one writes completely contradicts what the other does. (JQR XCII no. 3-4 pp. 455-493). Many manuscripts exist of the Sefer Chasidim , however, from the 1538 until 1891 there was basically one version printed based on only one of the manuscripts. In 1891, Yehudah Wistinetzki printed a new edited from another manuscript – the Parma manuscript – published by Chevra Mekitsei Nerdamim.
This Parma manuscript contains a almost double the material of the original edition. Aside from just adding material, the Parma edition is also important for the different versions of the previously published pieces. This edition was recently reprinted by Moznaim publishing house but without the important introduction of Y. Frieman. However, the Kest Leibowitz publishers also recently reprinted this edition and they reprinted the whole sefer including the introduction. Interestingly although the footnotes which appear in this edition are not that extensive as some of the prior editions, there are important notes on this edition albeit they don’t appear in the actual work. Instead, Wistinetzki, prior to printing this edition sent about fifty questions to R. Yosef Zechariah Stern in an attempt to locate sources for different statements of the Sefer Chasidim and the answers are included in R. Stern’s Zecher Yehosef (vol. 1 no. 78).
In 1955, Rabbi Avrahom Price from Toronto with the permission of Mekitsei Nerdamim reprinted the Parma edition in three massive volumes with extensive footnotes. But, one thing which R. Price stays clear from – which he admits in his introduction – is the kabalah aspects of the Sefer Chasidim as he was not familiar with this part of torah. These three volumes are available for free download at seforim online at Hebrewbooks.org.. In 1924, R. Reuven Margolis first published in Lemberg, what would become the most popular version of the Sefer Chasidim, in a critical edition . Subsequently, this was corrected and updated and eventually published by Mossad HaRav Kook. This edition to date is the best job done on the Sefer Chasidim. He has excellent notes, as many are familiar with from his many seforim – he writes straight to the point referencing all kinds of sources from everywhere – showing the sources which form the basis of the Sefer Chasidim. He also shows, with his unbelievable bikyus, whether the various authorities – rishonim and achronim – agree with the statements of the Sefer Chasidim. Besides for all this he has many excellent and original comments on the Sefer Chasidim which he is famous for in all of his works. He also includes notes from nine different people on the Sefer Chasidim. Until now, there was one other worthwhile addition to the Sefer Chasidim. In 1984, R. Moshe Herschler printed in his Kovetz Genuzot (vol. one) some thirty more pieces of the Sefer Chasidim which he found in a different manuscript. We now come to this most recent version published by Otzar HaPoskim and edited by R. Gutman. As mentioned above, thus far, two volumes have been issued of what is supposed to be four volumes of the Sefer Chasidim. The first impression one has when one picks it up is this is a beautiful job as the print is very clear and the layout it very organized. This is keeping with the famous statement of R Akiva Eiger where he writes to his sons in the introduction of his teshuvot that “one should print his sefer on nice paper and ink because one learns much better from such a sefer”. Although this statement is attributed to R. Eiger, in fact, this idea is found much earlier in the famous introduction to the Maeseh Efod (p. 13) of where he writes this concept at great length it’s quoted by R Yakov Emden in his work Migdal Oz (p.50 ) in short. Prior editions of the Sefer Chasidim included the perush of the Chida, Bris Olam, but it seems that many pieces were missing. R Gutman corrects these omissions. In addition to those corrections to that commentary, another common commentary Pirish Kadmon by R. Dovid Greinheit also suffered from lack of completeness and R. Gutman has correct that as well. Besides for all this R. Gutman includes a collection of comments of R Eliezer Papua from his Yalkut Chasidim that relate to the Sefer Chasidim and the Perush Mishnat Chasidim from R Sadiah Chalonah (it is only on the first seven simanim in the sefer).
Rabbi Guttman includes many notes (totaling twenty-nine) from different gedolim on the Sefer Chasidim many of them which he obtained from unpublished manuscripts amongst them from the Adres and R. Y. Palagai. In the back of volume two he includes a sixty page kuntres of notes from R. Chaim Sofer who is famous for his incredible bikyus. In addition to all this he has many lengthy comments on the whole sefer from a wide rang of sources to explain the Sefer Chasidim. He also has a section on each page where he brings down various readings from the different manuscripts on the particular pieces. All the above are the positive things about this reprint, unfortunately, there are notable points of criticism. It is true its is always easier to criticize than to the actual work oneself but here are some points I feel worthy of mentioning. To begin with the entire history and literature of the Chasidei Ashkenaz in general have been the subject of many articles and books. However, even today after all that has been published there is much left unclear. Just to list a few of the people who were and are involved in the study of the Chasidei Ashkenaz, Moritz Gudemann (haTorah v’Hahayim, vol. 1, pp. 119-156), A. Epstein (vol. 1 pp. 245-269), Y Y Frieman (introduction to Sefer Chasidim Meketzei Nerdamim ed.), Gershom Scholem, Y Baer, Ivan Marcus (all in Da’as v’Chevrah b’Mishnat Chasidei Ashkenaz), E. E. Aurbach (Balei haTosfos, vol. 1, pp. 345- 447 and volume four of his edition of Arugot haBosem), Yisroel Ta Shema (Keneses Mechkarim, vol. 1 pp. 181-317), E. Kanarfogel (Peering thru the Lattices), Yosef Dan (in his recent book on R. Yehudah haChasid published by Zalman Shazar), Eric Zimmer, Simcha Emanuel (in his introduction to the recently published Drasha of Rokeach) and Haym Soloveitchik (AJS Review vol. 1 (1976) pp. 311- 357).
Some of what has been found in these manuscripts has been the subject of great controversy causing great people to claim these manuscripts must be forgeries (see Kovetz Minchas haKayitz vol. 6 pp. 251-252). But besides for this there has been a great many manuscripts found in the past twenty-five years and printed such as the Rokeach al haTorah and Megilos or the Rokeach’s work on siddur and many other of his works, R. Efraim al haTorah. Other works by the Chasidei Ashkenaz have been put out in critical editions such as the Sefer Gematriyos of R. Yehudah haChasid and the Amaoros Tehoros (which I hope to return to in later posts) all containing many important explanations about all sorts of topics from the Chasidei Ashkenaz.
To date there is no way to many unknowns (for me at least) to even paint a brief picture of this group of rishonim but one hopes with the help of the recent seforim printed and what will be printed in the future we will be able to get a clearer understanding of these great rishonim. Being aware of the explosion in this genre of literature, any version of the Sefer Chasidim should keep this companion literature in mind and should take it in account as much of the printed torah of the Chasidei Ashkenaz as it relates to this most famous work, Sefer Chasidim, of this school.
Now R. Gutman seemed to be aware of this and he does use some of these new seforim. For example, he quotes the Sefer Gematriyos many times however the rest of this no mention to the many other recent seforim of Chasidei Ashkenaz. [For a comparison see the recent edition of the Sefer Gematriyos where the footnotes are full of such cross-references (although he might of done to much).] The purpose of referencing the other literature of the Chasidei Ashkenaz is many times they can help understand certain comments if one can see all the ways similar ideas are brought down by the different talmdim. In learning Gemara with rishonim this is very important to help one understand the particular shitos and so to here.
For example, the Sefer Chasidim (siman 548) writes if one wants to see if he will live the year light a candle during assert yemih teshuvah if it remains lit you will live the year if not, not. On this R. Gutman references nothing. Where as without going much into this topic I will just give a reference to the Sefer Hashem of the Rokeach (recently printed from manuscript for the first time) where he talks about this (p.140) which complements the statement found in the Sefer Chasidim.
I feel this is a very important part to anyone writing on the Sefer Chasidim and R. Gutman should have put in more work in regard to this part. If he could not do it himself because he is not trained in this sort of work he should of gotten people who are familiar with such this field. R. Reuven Margolis who did know how to do this in general unfortunately could not do this as most of these seforim of Chasidei Ashkenaz were not available in his lifetime. Another point that I would like to highlight is the many times R. Gutman cites to the Sefer Gematriyos he almost never references the exact page (see, e.g, pp. 23, 35, 39) in the Sefer Gematriyos making it very hard to find the piece he is quoting as it’s a massive two volume work. The same failing is apparent when R. Gutman quotes from the Sefer Amoros Tehoros (p. 23) or when R. Gutman cites the Sefer Hashem of the Rokeach (p. 429).
A more glaring omission is when Sefer Chasidim (p. 424) discusses the weird creature called שטריאה R. Gutman references the Sefer Gematriyos again not quoting the page and then R. Gutman writes ובסוף המאמר נשים הליליות ברושאם הנ”ל כתב which is an unintelligible citation. What R. Gutman means to say is that R. Stal in the back of his edition to the Sefer Gematriyos has a whole chapter devoted to this topic, however, this is totally unclear to the reader. Aside from the cryptic citation R. Gutman should have mentioned this is a comprehensive article on the topic. Another point I would like to criticize is the use or lack thereof of R. Reuven Margolis edition. As I have mentioned earlier the Margolis edition is the best work to date on the Sefer Chasidim. It’s quite interesting that there is not a single mention of R. Margolis’s name in the introduction mentioning that R. Gutman used this work. However, it is obvious from hundreds of places throughout this Gutman’s edition that in fact he did use this edition.
What is perhaps even stranger is the many times that R. Gutman says nothing on a very important point and R. Margolis has already discussed it in depth. Some examples are on page 180 -181 where the Sefer Chasidim (siman 158) writes against tefilah בקול רם and the Margolis edition references the famous collection on this topic called Yanenu B’kol there is no reason why R. Gutman could not mention this. Another example is on page 172 where the Sefer Chasidim (siman 155) has a long discussion about stealing torah from someone so R Gutman has a lengthy note of sources about this but once he is on the topic one should quote the Sefer Shem Olem of R. Margolis where he discusses this topic at great length. This omission is even more bizarre as later on R. Gutman does cite this work (p. 744).
One more example is on page 274 the Sefer Chasidim (siman 258) ויום כיפור קרוי כמו כן ראשית דכתיב ביחזקאל בעשרים וחמש שנה לגלותינו בראש השנה בעשור לחדש אלמא בעשור קרוי ראש השנה on this R Margolis references a comment of his from other places (see his Toldos haMahrsha p. 51 and the notes therein and his Nitzozei Or p. 158) proving that sometimes it says Rosh Hashanah and it refers to Yom Kippur affirming the statement in the Sefer Chasidim –again no mention at all on this by R. Gutman. Another such example is where the Sefer Chasidim (siman 822) talks about wiping ones feet off before entering a shul in the R. Margolis edition there are many sources on this topic. But, again R. Gutman mentions nothing about this custom.
Another example is where the Sefer Chasidim (Siman 858) talks about saving seforim from a fire on Shabbos again R. Gutman does not quote the excellent reference of R. Margolis citing in turn the Adres who says that if one has manuscripts of his own that he worked hard on he may save them from the fire first because it’s like pikuach nefesh! Throughout R. Gutman’s edition there are many such examples. Perhaps R. Gutman assumed what whomever purchases his edition already has R. Reuven Margolis edition and R. Gutman was merely adding to that. Even so, he should mention it in the introduction. Another deficiency in this edition is R. Gutman, in the section he includes comments collecting sources etc., his style is difficult as much of what he has could have been done shorter and more to the point. Unfortunately, this is a common weakness that many authors have today as I have previously mentioned on this blog. Besides for that I feel there are many more sources that he could have added to this part making it a true encyclopedic work that it should be.
Just to list a few examples of sources that he missed and on this there for sure is an element of lo alechu hamlacha ligmor. One where R. Gutman talks about the cherem to live in Spain (p. 394) he misses much on the topic amongst the omissions is the famous discussion of the Teruos Melech in Rosh Hashanah (siman 13 sec. 2) (for more on this see the great article of Marc B. Shapiro in Sefarad 49:2(1989) pp. 381-394).
Another such example is both times where the Sefer Chasidim talks about stealing torah from someone (pp. 172 and 774) he could have added the piece of R. Efraim Zalman Margolis in his introduction to the edition of the Maseh Rokeach which he printed. Another such example is where the Sefer Chasidim (siman 822) talks about wiping ones feet off before entering a shul so besides for not mentioning R. Margolis’s comments at all he could of referenced to the excellent discussion in the Minhaghei haKehelos of R. Golhaber (vol 1 pp. 3-8).
Another example is where the Sefer Chasidim (siman 158) writes against tefilah בקול רם he missed the very original discussion of the Matzevh Hayashar (volume 2 pg 28 and onwards). One last example is where the Sefer Chasidim (siman 461) discusses the topic of if something bad happens three times it is a bad sign he could of added the teshuvah of the Avnei Chefetz from R. A. Levine (siman 64). Many more examples could be given but this is not the place. Some minor bibliography points one on page R. Gutman records a statement from the Shach al haTorah which he attributes the Shach (p. 173). But, it is obvious he did not check into this source because the Shach did not write this sefer rather a talmid of talmid of the Ari”zal did which R. Gutman himself quotes correctly later on page 774. Another point is in the introduction R. Gutman speculates that based on the pieces he has included it seems that the Adres wrote an entire work on the Sefer Chasidim called Mishnat Chasidim. There is no need for speculation – this is correct – as the Adres in his autobiography (pg 33) writes “I bought a Sefer Chasidim with wide columns and I learnt it twice and I wrote a biur on it with sources … and I called it the Mishnat Chasidim.” Unfortunately, later in his autobiography the Adres writes (pg 56) that it was burned in a fire that destroyed most of his writings!
Another minor point on page 181-182 where he talks about a story brought down from various sources including the Kav haYashar he should of included the comments of R. Shmuel Askenazi appended to the Kav haYashar (end of volume 2 pg 8). Another example is where the Sefer Chasidim speaks (Siman 768) against singing tunes of non-Jewish origin, R. Gutman (pg 645) includes a number of nice sources on this topic at the end he mentions R. Yisroel Najara that he was a nizutz of Dovid haMelech. He should have at least referenced the Sefer Chizyonos of R. Chaim Vital against R. Najara (and this was actually the person the Shtei Yodos was writing against who R. Gutman quoted earlier in that same piece!) – which was discussed at greater length in an earlier post. In conclusion I feel that although there are some areas which this edition is weak in but there are a great many pluses to owning it the including the many sources that R. Gutman does add and especially the notes of 29 different gedolim. However there is definitely a need for an expert on the Chasidei Ashkenaz to put out a critical edition quoting all the relevant sources from Chasidei Ashkenaz.




Kuntres ‘al Inyan Shabbat HaChatuna – A “Found” Book

Many times the rarity of a book is due to a controversy; either because it was limited in scope, i.e. was a polemic, and thus was no need to print thousands of copies or because of bans and the like. One such book is Kuntres ‘al Inyan Shabbat HaChatuna by R. Eliezer Supino (d. 1746). Until recently, it was thought this book no longer existed. But, a single copy (Unicum) was located and it has now been reprinted.

The book, as the title implies, discusses the Shabbat following ones wedding know as Shabbat HaChanutah or Shabbat haHatan. It was customary in many communities, mainly Sefardic but there is also evidence for some Ashkenazi as well, on this Shabbat, aside from the regular reading from the Torah, the parsha of V’Avrahom Zakan Bo B’Yamim was read for the groom. One may be asking so what could have possibly have been the controversy? In one community, Pisa, Italy, where R. Eliezer Supino was the Rabbi, rather then read the special parsha as the maftir, they read it for the 7th aliyah. That is, they finished the torah portion in 6 alyiot and for the seventh read the special parsha.

The question is whether as part of the seven obligatory aliyot can you read a parsha that is merely a custom? To this, R. Supino said yes. Well, somewhere between 1735-36 on one such Shabbat, there was a vistor from another city, Livorno, who witnessed this. [There is some question who this person was.] What basically happened was he went back to Livorno and told R. Dovid Meldola (1714-1810), a hazan, judge, and teacher in the Yeshiva in Livorno. R. Meldola thought strongly that R. Supino was 100% incorrect in allowing for such a custom, and now we have the start of the controversy. In the end, R. Meldola, in his Divrei Dovid (Amsterdam, 1753) devotes a considerable number of pages (18 simanim) to this topic – all attempting to show that R. Supino is wrong. R. Meldola didn’t stop there, he first elicited the help of a host of other important Rabbis who would say he was correct. This include, inter alia, R. Aryeh Lowenstamm the chief Rabbi of Amsterdam, R. Ya’akov Yehoshu Rabbi in Frankfort and the author of the Peni Yehosha, R. Yehzkeil Katzenelllenbogen the chief Rabbi of the tripe community AH”W, and some additional, lesser known (today) Rabbis.

R. Meldola didn’t stop at printing his own book on the topic, he wanted to make sure his book would be the only record of events. First, I must point out that R. Meldola published his book after R. Supanu (and other important figures) died so there was no one to dispute his events. Second, R. Supino, did not wait until anyone died, rather he published his version and the defense of his position in Kuntres ‘al Inyan Shabbat HaChatuna. Sometime around 1743, R. Supanu sent this to Amsterdam to be printed (Livorno, at the time didn’t have a printing press). But, after it was printed, R. Meldola got wind of the publication, and when it arrived by ship to Livorno, all the copies were seized. After reading it, word was sent to Amsterdam that all remaining copies should be destroyed. The printer gave everything up and all were destroyed. Thus, until now, it was thought this book was totally lost.

Shmuel Glick, the editor of the new Kuntres haTeshuvot, was looking through all the libraries to find all the responsa literature, and in Schocken Library he found the only remaining copy in the world of this book. The copy he found also contains some annotations which Glick thinks are that of R. Supanu himself. In this republication, Glick has done a beautiful job (as well as Mossad HaRav Kook). First, he includes an extensive introduction where all the above is from. Second, as mentioned above, until now we had a one sided story of the events, now we have both sides. Glick discusses and highlights the various differences between R. Meldola’s and R. Supino’s versions of the events. Third, he has completely reset the type of the book and included notes as well. Fourth, he then includes a photo reproduction of the actual work. And, finally, he includes to letters from R. Supino which were in manuscript.

In part, the reason this work is important aside from the actual question is its broader implications for the force of custom. R. Supino’s basic argument is the additional reading for the groom is a custom – but as a custom has the same status as the rest of the regular parsha. R. Meldola disputes this understanding of custom.

While this edition is excellent, I want to point out two small things, one is typographical error and the other not an error but an elaboration. The main footnote (which is terrific in scope) which discusses the custom of the special reading for the groom is in the Introduction, footnote 6. But, the references to it in the actual Kuntres (e.g. footnote 2, 62, 158) it refers to it as footnote 2. The second minor point is in a footnote (p. 28 n. 146), Glick discusses the usage of the saying מנהג ישראל תורה, but left off perhaps the most comprehensive discussion of this usage in R. Shmuel Ashkenazi’s Alfa beta kadmita, pp. 210-18.

In all, Shmuel Glick should be commended for an excellent work of a fascinating book. The book is printed by Mossad HaRav Kook and should be available wherever finer seforim are sold.




Stolen Title Pages

“Stolen Title Pages”:
The Case of An Unknown Contemporary Plagiarist*

The title of this post – “Stolen Title Pages” – is not mine, instead, I have borrowed it from Chaim Lieberman.[1] I have used this title because there are many forms of plagiarism – some, totally innocent – others involving lack of citation, borrowing a sentence here or there, but the plagiarism under discussion in this post is much worse than all of the above.[2] The plagiarism discussed in this post is limited to just changing the title page – that is, the entire book is the same with the only alteration being the name of the author and, at times, the title of the book. For example, if I republished Shakespeare’s Romeo and Juliet but instead of putting Shakespeare’s name I substituted mine.

The kabbalistic work on the holidays of the year, by R. Yitzhak Isaac ben Yoel HaKohen, Brit Kehunat Olam, was recently republished. This work was first published in 1796 in Lvov, and has been reprinted many times since then. In the introduction of this new edition, the publishers list the various printings of this work. But, they neglected to mention one reprint of this work. One can’t really fault them as this reprint was not published under the name Brit Kehunat Olam, nor did R. Yitzhak Isaac’s name appear anywhere in this reprint. Instead, although the book is word for word the same as Brit Kehunat Olam, a totally different title and a totally different author is given. As we shall see this is not the only time this person has taken someone else book for his own. This reprint which was done sometime around 2000 is instead titled Pardes haMo’adim ‘al Moadi Yisrael. The author is הצב”ר which, according to the many approbations he has received, is an abbreviation of R. Tzyion ben Ratson Lahat.

The Pardes haMo’adim contains approbations from R. Shimon Sherabi, the Rabbis of Kiryat Melachi – R. Hayyim Pinto and R. Yisrael Areyeh Gerstenkorn, R. Meshumar Tzubri, and R. Yisrael Sherabi. Some of these praise Lahat for his erudition in writing this work, others note his “great fear of sin,” but none of these haskamot note that every word in this book is plagiarized.

For purposes of accuracy, I must note, that Lahat did alter one thing aside from the title page. Perhaps in an effort to avoid detection he shifted the sections around. So, one can’t take page one and match it up, instead, you just need to find the section. This is not as hard as it would seem as Lahat used the same chapter headings as the original. So, for instance, the scan below you have the chapter titled מאמר מצות משוחים בשמן from both works. The newer type (on the right), without the commentary of the Sha’ar Shimon, is Lahat’s edition while the other (on the left) is the original.

Lest one think it is just that section or just the Brit Kehunat Olam that Lahat copied, I have provided another section – מאמר סכת שלם. Again you can see it is copied word for word. But, I also want to point out it is not just the Brit Kehunat Olam he copied but the commentary, Shem miShimon by R. Shimon Englander as well. As one can see, the notes on the bottom provide citations as well as further elucidations of the Brit Kehunat Olam. Although Lahat did not use footnotes – he used endnotes – they are the same as well.

I have provided below the pages from both Brit Kehunat Olam (on the left) which includes the Shem miShimon at the bottom. The other pages (to the right and bottom) are Lahat’s page from this section and the final page is Lahat’s notes which match up perfectly with the Shem miShimon.

As I mentioned above this is not the first time Lahat has stolen a prior work and substituted his name for that of the author. Instead, I have found at least two other times, where he did the same thing. In fact, one of the approbations for Pardes haMo’adim actually makes mention of this prior plagiarized work. This other work is Lahat’s book Minhagei haAriza”l. This work was published sometime after 1996. It contains four parts. Again, הצב”ר appears on the title page and all the approbations are written to R. Tzyion ben Ratson Lahat (as an aside his last name may actually be רווה [Ravah] as he dedicates this book to his brother Naftali bar Ratson Ravah). This work, with one slight change which I will discuss in a moment, is word for word from the book Minhagei haArizal haNikrah Petura d’Abba by R. Uri ben Asher Strizinitzer [3] first published in Jerusalem 1905.

This work takes fifth and the sixth sha’ar from R. Chaim Vital’s Shemonah She’arim which contain the bulk of the customs of R. Yitzhak Luria(Ari”ZaL). R. Strizinitzer, then includes his commentary, titled Beni Abba, which explains and offers sources for the customs of R. Yitzhak Luria. This work contains the approbation of R. Shalom Mordechi haKohen (the Braziner Rebbi). When he originally published this work, R. Strizinitzer did so anonymously. When he published a similar work Me’ori Tzion he revealed himself based upon an acrostic on the title page. The Meori Tzion was the fourth and final part of R. Strizinitzer’s work on the customs of R. Yitzhak Luria – as we shall see this was also copied. So R. Strizinitzer has three titles – Petura d’Abba, Beni Abba, and Meori Tzyion. The Petura d’Abba contains the portion from Shemonah She’arim and Beni Abba is Strizinitzer’s notes.

Now, we go to sometime after 1996, and a new book, again re-typeset, comes out with the title Minhagei HaAri”Zal with the three works Darkei Tzyion, Sha’ari Tzyion, and Me’ori Tzyion with הצב”ר’s name as the author.

The only thing Lahat did, however, was alter the titles of the first two sections, he didn’t even bother moving things around to avoid detection. In Lahat’s edition the Darkei Tzyion contains the portion from Shemonah She’arim and Sha’ari Tzyion contains the notes. Below, I have provided two pages, one from each book, to demonstrate the plagiarism.

In fact, in Strizinitzer’s book at the end he has “השמטות” – things he left out. Lahat, also has at the end things he left out – and coincidentally, they are the same as well. There is one other small change aside from the title page, and that is in the introduction. In Strizinitzer’s introduction at the end he explains why he decided to title his books as he did. Now, Lahat’s titles are different, so Lahat (left) removed that one line from the original introduction (right). The relevant passages are below.

Now, we return to the third title – Me’ori Tzyion, which Strizinitzer published separately in 1911,[4] and Lahat has included in this book. For this one, Lahat couldn’t be bothered with coming up with a new title so he uses the same title – perhaps to finally be able to say he really did copy everything perfectly. Both pages are below (Lahat, left; original, right).

Finally, we get to the at least the third example of Lahat’s stolen title pages. In this case it was fairly easy to locate the original. Lahat titled this work Pirush ‘al Birkat Kohanim, which as the title implies is a commentary and discussion about Birkat Kohanim. But, Lahat was kind and at the top of each page he has כה תברכו. This title כה תברכו is the same as a book published in 1881 in Solenika by R. Chaim Hemzi. And, it turns out not only is the title the same but the content is as well.


Lahat is by no means the first to merely switch the title pages – as I noted at the beginning of this post, Lieberman has examples of this phenomenon and there are other articles which discuss other instances of plagiarism as well.[5] What is perhaps unique about Lahat is that he seems to have done it more than once, in fact, I can not say for sure the rest of Lahat’s 13 (!) other books [6] are not merely copies as well. Additionally, many have assumed that in the digital age, when from the comfort of one’s home they can call up the card catalogs of almost every major library in the world and thousands books are available online or on one of hard drives – some of which are even searchable, this would have been detected. In fact not a single catalog entry in any library notes that these are copied – even when Lahat did not change the title of the book.

Further, aside from the approbation to Lahat’s Pardes haMo’adim, in his Minhagei haAriZal, Lahat includes approbations from his other works. Some of these are leading Rabbis who also have failed to detect their approbations are on stolen works. These Rabbis include (aside from those already mentioned above): R. Ovadia Yosef, R. Mayer Getz, R. Shalom Messas, R. Yosef Tzubeyri, and R. Tzion Tzubeyri.

Perhaps, now, this can be corrected and Lahat will cease stealing the works of others.

* I apologize as most of this post appeared last week, however, as the images stopped working and they are important to this post I removed the post until I could correct it. In the interim, however, I was able to confirm another instance of Lahat’s plagiarism. Also, prior to posting I have attempted to locate Lahat without success. His books generally provide none of the standard information such as publisher/printer or any contact information.

Notes:
[1] Chaim Lieberman, Ohel Roch”el, vol. 1 (New York, 1980), 477-480, 529-531.

[2] There are no lack of examples, both real and imagined in this category. For one example of lack of proper citation, see R. Natan Neta Leiter, Tzyion l’Nefesh Hayyai (Jerusalem, 1964), no. 109.

[3] His surname comes from a town outside of Lvov.

[4] In some reprints of Strizinitzer’s Minhagi AriZal, Me’ori Tzyion is included.

[5] See Lieberman supra n. 1. Lieberman notes [p. 477] the case of Hemdat Tzvi, where the original was printed in 1876 and the stolen version with the same title was printed in 1879. However, he leaves out one worthwhile point. Although in the stolen version he knew enough to remove the original authors name, apparently he didn’t even read through the whole book as on p. 72b, the original author quotes his grandfather by name, and this same passage appears in the stolen version. Further, on p. 87, the original author includes a teshuva which he signs by name. In the stolen version it appears without change signed by the original author!). See also Kitvei Pinchas Turburg, ed. A. R. Malachi, 24-36; C. Leshem, Shabbat u’Mo’adi Yisrael (Tel Aviv, 1969), 379-409; Y. Sternhill, Kochavi Yitzhak (Brooklyn, 1969), Introductions to volumes I & II; Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton, 2006), 5 n. 9, discussing the example of Rabbi Nosson Dovid Rabinowich which was also discussed in a previous post at the Seforim blog; Shraga Abramson, “Chasad b’Ameirat Daver shelo b’Shem ‘Omro,” Sinai 112 (Nissan-Iyyar 1993): 1-24; Alei Sefer 16 (1990): 177-79; Moriah 83-84 (Adar I,1978) 79-80; A. Perls, “Das Plagium,” in Monatsschrift für Geschichte und Wissenschaft des Judentums / MGWJ 28 (1879): 305-322; R. Margolis, Shem Olam, Jerusalem, 1989, introduction.

Regarding the halakhic permissibility of plagiarism, see Nahum Visfish, Mishnat Zechuot haYotser (Jerusalem, 2002), esp. 95-115; Nahum Rakover, Zechut haYotsrim beMekorot haYehudim (Jerusalem, 1991), 17-72, a portion of which appeared as “Plagiarism of Torah Teachings,” Areshet 6 (1980): 222-226; and idem., “Plagiarism and the Obligation to Cite Sources: Aspects of Copyright Law in the Halakhah,” Dinei Yisrael 6 (1975): 93-120;

[6] There is one book which is particularly suspect, as Lahat’s book is titled מאיר לארץ and it is kabbalistic interpretations on ברכת המזון and there is another book with the same name on the same topic. Thus far, however, I have been unable to secure a copy to compare the two.




Eliezer Brodt: A Behind The Scenes Look at Two New Editions: Part One

A Behind The Scenes Look at Two New Editions: Part One
by Rabbi Eliezer Brodt

A few weeks ago, while perusing through the new Seforim at the Girsa Seforim store in Jerusalem, I noticed a new מנחת פתים from ר’ מאיר אריק. At first I thought it was another plain old reprint of the original one. But a few friends tipped me off to it being much more than a reprint. So off I went to purchase the seforim. This is a short review what this version is exactly.

It’s a well known fact that, ר’ מאיר אריק left over a great deal of written works; as opposed to his brother ר’ פישל who was also a great gaon, but wrote nothing. One of his more famous works is the מנחת פתים on ד’ חלקי שלחן ערוך. The concept behind the sefer is a published listing of his comments on שלחן ערוך, some lengthy with the expected back and forth, others short with only references. Many of these citations are to rare seforim, or other not-usually available sources, all locally annotated with his tremendous בקיאות. One point of interest is his usage of new ראשונים such as the מאירי and אור זרוע. Anyone learning הלכה knows how valuable this work is- it does not require my personal הסכמה (who am I to even dare give it one!) as the work speaks for itself! The work on אורח חיים was reprinted a few times, most recently a few years ago by מכון עוז והדר. The part on יורה דעה חושן משפט ואבן העזר was also reprinted a few years ago in a photo-mechanical reproduction of the 5658 (1898). This new version only came out with two volumes so far – on אורח חיים ויורה דעה. The individuals responsible for its publishing have already proven themselves with the טל תורה החדש and שו”ת אמרי יושר (both the original editions as well as a new volume compiled from manuscripts and responsa published in rare journals) that they put out 10 years ago.

There are many great additions to this new version of the מנחת פתים. Firstly, over the years ר’ מאיר אריק had many additions to his מנחת פתים which he planned on printing. He never got around to it but right before WWII, two of his תלמידם gathered everything together including many manuscripts of his and they printed it, in Krakow in 1938. Being that it was right before the war it seems no copies survived the war – to the extant that no one seemed to even know about this edition. Miraculously, Rabbi Zweibel’s own Rosh Yeshivah had found a copy of this print from Krakow, and gave it to his student for reproduction! Aside from this, Rabbi Zweibel was privileged to see the actual שלחן ערוך thatר’ מאיר אריק used, which had many notes written in the margins. Further, he continued to track down other notes and novellas that ר’ מאיר אריק had written related to שלחן ערוך. All of this was included in this new edition. In addition, the editors did the kind favor of letting one know before each piece from where it comes from a manuscript or the Krakow edition etc. Almost every page contains a few new pieces so one can easily see how much exactly was added to this new printing. Along with all additions, the publisher included notes from two of his talmidim ר’ יהודה הורביץ andר’ צבי פרומר , famous for his work שו”ת ארץ צבי. They also separated all the תשובות that ר’ מאיר brings throughout the מנחת פתים from the body text, and put them in the back – so as not to confuse the user. In the back they include a תשובה from ר’ מאיר אריק to his תלמיד, הגאון ר’ משולם ראהט. Also included is an index of his other seforim, שו”ת אמרי יושר, ואמרי יושר חלק ג’ collating the topics relating to אורח חיים ויורה דעה (each index in its specific volume). All in all, this is a beautiful job and a good buy for those whose interests include these kind of seforim.




Some Harder to Get Seforim and Where to Obtain

In previous posts at the Seforim blog, we have attempted to highlight some of the more recently printed books, which are fairly easy to come by. However, I thought it worthwhile to mention some slightly older books, which are generally more difficult to obtain and where they can be obtained. I will highlight the contents of one store — Moznaim (718-438-7680) — in Boro Park.
First, for literature of the Geonim, they have the Teshuvot HaGeonim. In this set, the majority of volumes are fairly easy to get, but there are two volumes which are less common – Ginzei Schechter and Louis Ginzburg’s Geonica. Both of these are available from Moznaim.
Second, the four volume Auerbach’s edition of R. Avraham b. Azriel’s Arugat HaBosem, which is a key work on piyut/siddur, is available there as well.
Third, Mordecai Wilensky’s Hasidim u-Mitnagdim collects the various early polemics for and against the Hassidic movement, is available in two-volume paperback.
Aside from the Geonim, Moznaim also has an extensive selection of Midrashim – most of the time the most important critical edition of a particular Midrash.
Finally, although not out-of-print or the like, Moznaim also has redone the Mishnayot for Seder Zeraim and Teharot. These include the standard commentaries (e.g. Ra”SH and Rambam) and some other less common ones all with a nice layout. Additionally, they have made corrections based upon manuscript data and the older version of the text is available in footnote form.
These are a sampling of a few which I came across, I am sure there are many more hidden gems to unearth.



Eliezer Brodt – A Lively History of Reprinting Rabbeinu Yeruchem

A Lively History of Reprinting Rabbeinu Yeruchem
Rabbi Eliezer Brodt

In recent years, a host of critical editions of works on various rishonim have been published on all topics – some seeing the light of day for the very first time – on topics related to halakha, kabbalah, and chiddushim on the Talmud. These works have been made available via the major printing presses such as Mossad HaRav Kook, Machon Yerushalyim, Machon Talmud Yisraeli, Machon Harry Fischel and others.[1] However, one very important work has noticeably been omitted from being reprinted, except for a photomechanical off-set of the second printing. This work is Sefer Toledot Adam ve-Chava and Sefer Meisharim, the halakhic works of Rabbeinu Yeruchem Meshullam (c. first half of the 14th century) who was a student of R. Asher ben Yechiel (Rosh), R. Shlomo ben Aderet (Rashb”a), and R. Abraham ibn Ismaeil – author of Chiddushei Talmid HaRashb”a on Baba Kamma. In this post I would like to discuss the story behind why it was never retype-set, until a few weeks ago.

Rabbeinu Yeruchem authored his works many years ago, in years of the range of צד (1334). He was a student of the Rosh and his works are quoted extensively by the Beit Yosef throughout Tur and Shulhan Arukh. The Maggid (an angel who learned torah with the Beit Yosef) of the Beit Yosef told him ואוף ירוחם טמירי רחים לך אע”ג דאת סתיר מלוי בגין דמלאכת שמים היא (מגיד משרים פרשת צו).

Rabbeinu Yeruchem’s work contains three parts one called Meisharim and the remaining two parts entitled Toledot Adam ve-Chava. The part Adam contains everything relating to the man from birth until marriage; whereas Chavah contains everything from after marriage until death. This work was first printed in Constantinople in רעו (1517) and is extremely rare; only two complete copies are known to be extant. It was reprinted a second time in שיג (1553) in Venice; this is the version available today in photomechanical off-set editions. But, the Chida already notes that “this edition is full of mistakes.”[2] He also writes that he saw a manuscript of this sefer and was amazed as to the large amount of missing text as well as gross errors in the printed edition. The question remains as to why this work was never retype-set as opposed to the works of other Rishonim?

The answer might be found in the words of the Chid”a[3] where he brings as follows:

שמעתי מרבנן קשישאי בעיר הקודש ירושלים שקבלו מהזקנים דספר העיטור וספר רבינו ירחום הם מבחינת סוד עלמא דאתכסיא וכל מי שעושה באור עליהם או נאבדו הביאור או ח”ו יפטר במבחר ימיו”

I have heard from old Rabbi in the holy city of Jerusalem that they have a tradition that the books, Sefer haIttur and Sefer Rabbeinu Yeruchum, they are a high secret and anyone who writes a commentary on these books either the work will be lost or they will die in the prime of their life.

He than goes on to list a few people who started working on expounding the sefer, and either died in middle or the work was lost. In a different place the Shem Hagedolim brings the words of the Maggid to the Beit Yosef in the Maggid Meisharim (end of parashat Vayakhel) where he writes as follows:

וכן במאי דדחית מילוי דירוחם טמירי שפיר עבדת וכן בכל דוכתא דאת משיג עליה יאות את משיג עליה וקרינא ליה ירוחם טמירי דאיהו טמיר בגינתא דעדן דאית צדיקייא דלא משיג זכותא דילהון למהוי בגינתא דעדן בפרסום אלא בטמירו אבל במדריגה רבא ויקירא איהו

This, says Professor Meir Benayahu, is the reason why there is a curse on retype setting the work. What is not understood is that this is a completely halakhic work, not kabbalistic in any way, so why was there such a curse?[4]

One such work, which the Chida already mentions, is R. Hayyim Algazi’s Netivot Hamishpat.[5] The title page already records with regard to R. Algazi, “תנוח נפשו בעדן” (may his soul rest in heaven) intimating he died in the process of writing this commentary.

Another work in this category is that of R. Reuven Chaim Klein’s Shenot Chaim.[6] Unfortunately, he also died amidst writing the sefer, at the age of 47. The title page also records that the author did not want his name to appear, one can suggest that perhaps he thought if his name did not appear, he would not be subject to the curse. What’s interesting to note is in the haskamah of R. Joseph Shaul Nathenson, author of Shu”t Shoel u-Meshiv, to R. Klein’s work, as he makes no mention of any cherem to this work, but does quote the Maggid Mesharim cited earlier. Additionally, R. Chaim Sanzer, in his haskamah to this sefer, makes no mention of any cherem.

The other work which the Chidah brings was under this curse was the Sefer HaItur. This sefer was privileged to be reprinted with a critical edition by the great R. Meir Yonah, who called the glosses ‘Shar Hachadash and Pessach Hadiveir.’ Dr. Binyamin Levine, author of the Otzar Hagaonim series, writes in his short biography on him – as he used this work in many his own seforim – that he also suffered many tragedies; i.e. he lost many children.[7]

Interestingly enough, I found a nice size work on Rabbeinu Yeruchem and the author did not die young. His name was R. Yehudah Ashkenazi (1780-1849) the work is called Yisa Bracha (available at HebrewBooks.org), printed in Livorno 1822. He authored many famous seforim such as the Geza Yeshai (klallim) (Livorno, 1842), Siddur Beit Oved (Livorno, 1843), Siddur Beit Menucha (Livorno, 1924), Siddur Beit HaBechirah (Livorno, 1875), and Siddur Shomer Shabbat (Livorno, 1892).

In spite of all the above, a portion of the Rabbeinu Yeruchum has now been printed based of the first printing as well as manuscript, by on R. Yair Chazan.

Based on the above, we find ourselves asking the question ‘why did this R. Yair Chazan decide to reprint this work?’

The answer is found in the haskamah to the sefer from R. Ovadiah Yosef, who wrote that the whole curse is only if one is writing a pairush/commentary – expository text – on the work. But if one’s whole intent is to just fix the printing mistakes, which is R. Chazan whole intention here, it’s not a problem. Besides for the haskamah of R. Ovadiah Yosef, there are a few other haskamot; amongst them R. Shmuel Auerbach and R. Chaim Pinchus Scheinberg.

Just to give a brief overview of this work, as mentioned before the earlier editions of the Rabbeinu Yeruchem are full of printing mistakes and is missing many pieces. What R. Chazzan did was to track down the existing manuscripts of the sefer and try to fix the mistakes and put in the missing pieces. He also puts in the sources of Rabbeinu Yeruchem and he brings down where it is quoted in various poskim. He retype-set it beautifully making it a pleasure to read and use in compared to the old print.

So far only the third volume (the חוה section) has been printed I hope to see the rest of R. Yerucham printed soon.

Notes:
[1] See here for Marc B. Shapiro’s appreciation for R. Yosef Buxbaum, founder and director of Machon Yerushalayim, posted at the Seforim blog.
[2] Shem Hagedolim, Mareches Gedolim, letter yud, number 382, quoting the Ralbach, (siman 109); see also R. Chaim Shabtai HaKohen, Shu”t Mahrch”sh, Even HaEzer p. 153,b (“it is already known that the book of Rabbenu Yeruchum has many errors and unnecessary wordage”); R. Y. Sirkes, Bach Y.D. no. 241 s.v. U’mah Sechatav Avor Aviv (“I have already studied this work [Rabbenu Yeruchum] and it is full of error – too many to count”); Y.S. Speigel, Amudim B’Tolodot Sefer HaIvri : Hagahot U’Magimim p. 247 n.121 for additional sources.
[3] idem.
[4] Pirush Sifri, Rabbenu Eliezer Nachum, Meir Benayahu, ed., (Jerusalem, 1993), Introduction.
[5] (Istanbul, 1669; reprinted by Pe’er HaTorah in Yerushalyim, circa 1975)
[6] (Lemberg, 1871; reprinted by Machon Yerushalayim, Jerusalem, 1985)
[7] Binyamin Levin, Mesivos: Talmud Katan leSeder Mo’ed, Nashim, u-Nezikin (Jerusalem, 1973), end of this book.