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On some new seforim, Copernicus, saying Ledovid , Moses Mendelssohn and other random comments


On some new seforim, Copernicus, saying Ledovid , Moses Mendelssohn and other random comments
By Eliezer Brodt

Here is a list of recent seforim and books I have seen around in the past few months. This is not an attempt to list everything or even close to it; rather it’s just a list of seforim and books on many random topics, which I have seen while shopping for seforim. I enumerated a few titles which I have a Table of Contents for. Please feel free to e-mail me for them.

1.   רשב”ץ על מסכת ברכות, אהבת שלום, עם הערות של ר’ דוד צבי הילמן

In this work they claim to have double checked the manuscript, thereby fixing some mistakes in the earlier edition of Rav Hilman. They included all of Rav Hillman’s notes

2.    חידושי הריטב”א, מהדורא בתרא, על מסכת קידושין מוסד רב קוק
3.   מנחת יהודה פירוש לתורה לר’ יהודה בן אלעזר מבעלי התוסופת, מכתב יד, על ספר בראשית, מוסד רב קוק, מהדיר: פר’ חזוניאל טויטו, מבוא של 176 עמ’ ורכ עמודים טקסט
4.     אבן עזרא, קהלת, מוסד רב קוק
5.    ספר המחלוקות, ספר הפשוטים, ר’ יהושע בועז [בעל ה’שליטי גיבורים’] ג’ חלקים, נדפס לראשונה מכתב יד על הספר ראה כאן
6.    אגרות ותשובות רבינו חיים בן עטר, בעל האור החיים הקדוש מכתב יד, כולל תפילה, ליקוטי
שמועות, תשובות ופסקים, מכתבים, קינות, הספדים, רעה עמודים.

This volume is nicely done, and it contains many new pieces never before printed. One thing that I found strange is when citing the sources for the various pieces, he did not bother to mention that some of them were already printed many years ago by Binyomin Klar in various journals. Later on they were collected in a volume called Rabbi Chaim Ibn Attar, printed by Mossad Rav Kook in 1951. Oddly enough they do quote some of the original places where Klar had printed the pieces first

7.    עטרת ראש לר’ לוי מקאנדי, על מסכת ברכות.
8.   יין ישן בקנקן חדש, על מסכת ברכות, מכון הדרת חן, תתקצב עמודים, אסופות חיבורים עתיקים מגדולי האחרונים שהיהו גנוזים מעיני הלומדים, בעריכה חדשה בתוספות מראה מקומות מפתחות ותולדות, [עשרים ספרים]. בין הספרים, ולא עוד אלא, בכור שור, גפן פוריה, ויאמר שמואל, לווית חן, מלך שלם, מירא דכיא, גנזי יוסף, למנצח דוד, זרע יעקב, ארץ החיים, איי הים, רוב דגן, מעיל שמואל, קהלת יעקב, צרור החיים, לשמוע בלימודים, ברכת דוד, מכתב לחזקיהו, ילקוט הגרשוני.
9.     מבוא המסורה, ר’ יוסף קלמן מקאסוויע, נדפס בווארשא תרמ”ט, 112 עמודים.

This work, first printed in 1862 and again in 1889 deals, with the subject of the Masorah by Rabbi Yosef Kalman. One of the points of interest to me about this work is that it received many different haskamot from gedolim of the time. This of interest because the first 15 pages of the work quotes many passages from R. Eliyahu Bachur’s classic work on the subject, including his controversial opinion about the post-Talmudic origin of the nekkudot. Now in the comments on the bottom of the page the author writes that this was already disproven (more on this shortly) but he had no problem to quote this controversial opinion in the main text of the work without arguing on it in the main body or censuring the Tishbi in any form. This is in sharp contrast to the work Nekudot Hakesef printed in 2001.

Now what is interesting is that the person who just printed this new work (someone from Bnei Brak) felt he had to add in one comment to this sefer, so right in the beginning of this long quote from R. Eliyahu Bachur he added in the following:

עיין בספר מגדל עוז מר’ יעקב עמדין בעלית הכתיבה ראיות מכריעות נגד דעת הנ”ל של רא”ב

What’s interesting is that on the next page the original author of the sefer writes:

אמר המאסף וכבר השיג עליו בזה בעל אמרי בינה מהזוה”ק והאידרא שהנקודות היו קודם חתימת התלמוד ע”ש באורך הביאו הרמבמ”ן בהקדמתו על התורה ע”ש

I am positive that the recent printer of this sefer did not realize who this was. The original author of this sefer is quoting the Meor Einayim from Rabbi Azariah Min Hadomim who is quoted by Moses Mendelssohn in the introduction to his Chumash, where Mendelssohn quotes him in regard to the origin of the Nekudot. Possibly we can see from this another piece of evidence that it was not considered so bad to quote from Mendelssohn at that time, and especially how well known Mendelssohn’s introduction was. Apparently the printer did not realize the initials הרמבמ”ן refers to Mendelssohn. For a recent case of someone not realizing what these initials are see he work on the Koheles falsely attributed to the Malbim by Oz Vehadar [See Yeshurun 25 pp. 724-735, (PDF available upon request)]

One more addition to all this, in 1870 Rabbi Yosef Kalman put out another sefer on the subject called Shaar Hamesorah which received haskamot from Litvish Superstars of the time. In the introduction he returns to the subject of the origin of nekkudot and again he quotes the Meor Einayim of Rabbi Azariah, who is quoted by Moses Mendelssohn. However here he makes a strange mistake of thinking that the Rabbi Azariah quoted by Mendelssohn was the Rama Mepano!

Returning to the work Mevo Hamesorah, one last discussion of his worth nothing is about Ibn Ezra and his opinion of the origin of Nekudot (pp. 104-105).
[For more on the subject of Nekudot see Dan Rabinowitz’s excellent article available here; Jordan Penkower, The Dates of Composition of the Zohar and the book Bahir (Heb.) Cherub Press; Rabbi Dovid Rothestein work available here. See also my Likutei Eliezer, pp. 71-72]

10. יד יהודה, ר’ יהודה לנדא, תשובות פסקים וכתבים, מכתב יד, קלו עמודים
11. חמודי דניאל עם פ’ רחבת ידים
12.  חמודי דניאל על הלכות נדה, נדפס לראשונה מכתב יד בתוך ספר מעין בינה על מסכת נדה
13. קשר תורה, [לקשר סוף התורה לתחילתה] נדפס פעם ראשונה ווילנא תרסז, ר’ יצחק מו”צ בעיר ריטווא, 112 עמודים.
14. קול חיים, סדרי לימוד ותפילות להגיע האדם לגיל שבעים שנה ואילך, ר’ חיים פאלאג’י, מכון אהבת שלום
15. הקללה לברכה, הלכות איסור קללה, ר’ מרדכי גרוס, קמה עמודים
16.  מנהג אבותינו בידינו, ר’ גדלי’ אבעלראנדר, ביאורים ובירורים במנהגי ישראל מקורותיהם ושרשי טעמיהם, שבת, נישואין שונות, תסד עמודים, ניתן לקבל תוכן העניינים.

This volume is a collection of Rabbi Oberlander’s articles originally printed in the journals Or Yisroel and Heichel HaBesht as well as other places. These essays are very organized and well written on a wide range of interesting topics, all based on a nice collection of sources. I highly recommend this work. Of course one can always add to such collections of material here but לא המלאכה עליך לגמור .

17. אני לדודי, שיחות מוסר וחיזוק לחודש אלול וימים נוראים, ר’ שריה דבליצקי, קעג עמודים
18. ישא יוסף, אורח חיים חלק ב, ר’ יוסף אפרתי, רכו עמודים
19. הטבילה בהלכה ואגדה, ר’ משה סופר, תסד עמודים
20. ביד נביאך, בעניני הפטרות ונביאים, כולל אסופות תשובות ומאמרים בהלכה ואגדה, פרקי הלכה בעיני הפטרה וכתיבת נביאים, כולל כת”י של האדר”ת  על נביאים וכתובים בשם ‘נביאים טובים’, הלכות הפטרה להגר”ש דבליצקי, וס’ סימנים על עניני הפטרה  ונביאים, תרב עמודים
21. שעות שוות בהלכה, כולל מחקר וסקירה על תולדות הפחתות מדידית הזמן לאורך הדורות, ר’ יצחק זילבער, שצ עמודים
22. שמות בארץ, שמות אנשים, ממשנתו של מרן ר’ חיים קניבסקי, דיני וענייני שמות  אנשים ונשים ובשווי שמות בשידוכין, וקו’ שמות נשים, ר’ צבי יברוב, קלט עמודים
23.  ברכת הלבנה, הלכות ומנהגים, ר’ יוסף אדלר, קב עמודים
24.  בים דרך, מאמרי עולם חלק א, ר’ מיכל זילבר, שסז עמודים
25. גם אני אודך על ענייני ברכת כהנים, ר’ גמליאל רבינוביץ, תרלב עמודים
26. ספר פת שחרית כהלכה, ר’ יששכר דוב הופמן, צו עמודים

This is another work from the author of the now-famous recent work all about sneezing in Jewish law..

27. מאורות הגר”א, חלק ב, ר’ רובין, שפ עמודים
28. ר’ ראובן פרידמן, כי עת לחננה, הליה וישיבה בארץ ישראל, 490 עמודים, מוסד רב קוק
29. ר’ ישראל גארפינקל, כיצד מרקדין, בענין ריקודין של מצוה מצוה טאנץ, רמח עמודים
30. חזון עובדיה, שבת חלק ה, ר’ עובדיה יוסף הל’ צובע, קושר ומתיר, תופר צד ממחק כותב ומוחק, השמעת קול, בונה, אוהל, מתקן מנה, תד עמודים
31.הלכה ברורה חלק יג, ר’ דוד יוסף, סי’ רמב-רנב, תקלו +צ+נד עמודים
32. זהב לבושה, איסור פאה נכרית, הלכה הגות מחשבה, שכד עמודים
33. לוח ההלכות והמנהגים לשנת תשע”ג, 372 עמודים
34. קוטנרס האינטרנט בהלכה, קב עמודים
35. ישועות כהן, ר’ יהושע אדלר, ביאור סוגית קוי התאריך, צג עמודים
36. ספר תהלים עם פירוש מפורש, כולל ביאורים על תרגום כתובים ר’ לייביש דיייטש, תק”ח עמודים
37. שערי חג הסוכות, הלכות סוכה, ד’ מינים הו”ר שמיני עצרת ושמחת תורה, ר’ יהודה טשזנר, תקל עמודים
38. קובץ תשובות חלק ד, ממרן ר’ אלישיב זצוק”ל,  שכט עמודים, כולל מפתחות על לארבע כרכי קובץ תשובות, 73 עמודים
39. הערות במסכת ברכות, מר’ אלישיב זצוק”ל, תקמא עמודים
40.  כתבי הגרי”ש, בהלכה ואגדה, מכתבי יד של ר’ אלישיב זצוק”ל, ימים נוראים וסוכות, קס עמודים
41.  אשרי האיש, פסקי מרן הגרי”ש אלישיב זצוק”ל, יורה דעה, ב’ חלקים נלקט ע”י ר’ יחזקאל פיינהנדלר
42.  רישא דגולתא הספדים על ר’ אלישיב זצ”ל
43. שו”ת פוע”ה מניעת הריון, קובץ שאלות רבני פוע”ה ותשובות של פוסקים, 141 עמודים
44.  באמונה שלימה, ר’ יוסף בלאך, תרם עמודים

This work is written by Rabbi Yosef Bloch, who is a well-known Talmid Chacham from Monsey. In this volume Rabbi Bloch deals with many “hot” issues related to Emunah, bringing many interesting discussions to the table. Just to list a few side points of his: he brings that some say that the Chazon Ish’s work Emunah Ubitachon was never supposed to be printed (pp. 69-70) as the Chazon Ish never wanted it printed. He also deals with a piece that was censored from later versions of the Emunah Ubitachon (p. 39). He brings numerous sources against the Ralbag (pp. 140-141). He has a radical statement about what chazal mean when they say “there is wisdom by the Gentiles” (pp. 301-302):

דכל חכמת הגוים הוא בדברים גשמיים דוקא וכגון מכוניות סעלפאון כלי השחתה למלחמה וכדומה, שם ורק שם יש להם חכמה,… ברוחניות אין להם שום מגע והבנה כלל, ותיקון העולם הוא עצמו איבוד חכמיהם וזה כלל גדול בהבנת ענין חכמת האומות בברזל ובעצים ואבנים ובאלקטריק יודעים קצת, בצומחים יודעים פחות מזה בגופות בעלי חיים יודעים הרבה פחות מזה, בגוף האדם עוד הרבה פחות מזה, בחכמת התכונה השמיימית עוד הרבה פחות בנפשיות האדם
יודעים משהו ממשהו ממש , בחכמה עליונה אפס מוחלט לא כלום!

He has a radical explanation for the famous Gemarah about killing lice on Shabbas (pp. 305-307). Another very interesting discussion of his is about the sugyah of Elu Ve-elu Divrei Elokim Chayim (pp. 308-323).

A few years ago I wrote a few comments (here) about Rabbi Bloch’s work against Copernicus. I recently revisited the topic in the last issue in Hakirah. In this new volume Rabbi Bloch includes his anti-CopernicanEssay but with various updates. If one reads the essay carefully one can see many of these updates he is referring to points in my article. Hopefully in the future I will deal with all the issues he raises but for now I would just like to mention two points at one point he writes (p. 358):

ולא מצאתי אחד מגדולי ישראל מכל הדורות שיחזיקו אפילו במקצת דמקצת כדעת התוכנים ומה שהעידו בשם קדוש ה’ המהרי”ל דיסקין זצוק”ל דהיהו סבר ככה, שקר העידו בו דלא כך היה מעשה אלא שענה שלואל דאין הכרח נכד
התוכנים מלשון הברכה כמדומה ממה שנקראת ברכת החמה אבל מעולם לא יצא מפיו הקדוש דנקט איהו כהתוכנים.

I honestly have no idea what he is talking about but as I brought in my article (p.29) the source says as follows:

“וכן אמר לי ידידי הרב וכו’ ר’ אבנר נ”י בעל המחבר סי’ ציר נאמן, בתורת עדות ששמע מפי רבנו הקדוש רשכבה”ג מהרי”ל דיסקין זצוק”ל שהשיטה החדשה אינה מופרכת. ושאל לו מן הכתוב בקהלת א’ וזרח השמש ובא השמש וכו’ הולך על דרום כו’ וענה לו שהכתוב אמר לפי ראות עיני האדם”.

I also explained there (p. 31) why this sources is very reliable. But what bothered me even more was what he writes there on pg. 359.

 ומה שכמה מהמשגיחים וראשי הישיבות מהדור הקודם נ”ע כתבו דרך אגב בין הדברים בספריהם… כשיטת קופעריקוס, אין מזה שום הוכחה כלל לדעת התורה בענין הזה, דלא באו אותם הגאונים זללה”ה ליקח עמדה בהדיון הזה, דלא היתה זו הסוגיא שלהם ולא ידעו שיש בזה סתירה להשקפת התורה שלא ניסו בכגון אלו ולא עיינו בה, ונסתמכו דכיון דככה אומרים הכל מסתמא הוכיחו התוכנים דהאמת כן הוא, ולא ירדו לסוף דעתם של התוכנים לידע שכוונתם עקירת האמת ואין מדבריהם ז”ל הוכחה של כלום, וכאילו לא אמרו כלום בנידון הזה

Now besides for the haughtiness of this statement the only Rosh HaYeshiva I quoted in my article that wrote an essay very pro Copernicus was Rabbi Yonah Mertzbach someone who had a college degree in these areas so I am not really sure what he is talking about.

One last source related to this topic of Copernicus was brought to my attention in a collection of things by Rabbi Zerach Shapiro who was close with the Chazon Ish (part of this booklet was printed in Yeshurun volume 26) where he asked the Chazon Ish about Copernicus:

בענין מה מסתובב השמש או כדור הארץ, אמר שאין הכרעה בדברי חז”ל.

One last point in regard to Rabbi Bloch’s book is he prints an unprinted essay of his father’s, extremely anti Zionistic and the Mizrachi from 1943 (p. 115-116). I think the reason why he is printed this letter here, while it may otherwise seem out of place, is rather simple. In the same issue of the Hakirah where my essay about Copernicus appeared he saw another article froms Elazar Muskin, When Unity Reigned Yom ha’azmaut 1954 which deals with Rabbi Bloch positive attitude to Yom ha’azmaut.

קבצים
1  המעין גליון 203, ניתן לקבל תוכן העניינים
2. אור ישראל גליון סה, שפג עמודים, ניתן לקבל תוכן העניינים
3.  היכל הבעל שם טוב, גליון לד, קצב עמודים
4.  מוריה גליון שעג-שעד
5.  ארזים, גליון א, גנוזות וחידושי תורה, מכון שובי נפשי, תקפח עמודים [כולל רס עמודים של כת”י על ענינים שונים]
6.    קובץ בית אהרן וישראל גליון קסב, ניתן לקבל תוכן העניינים.
This issue includes another attack on Rabbi Dovid Kamentsky (PDF available upon request].

7.  עץ חיים גליון יח, ניתן לקבל תוכן העניינים
8.   ישורון חלק כז,  תתקמ”ב עמודים, ניתן לקבל תוכן העניינים

One piece worth mentioning in this issue is the complete manuscript of the Meishiv Nefesh printed for the first time, edited by Rabbi Yehudah Hershkowitz (59 pp).

מחקר ועניינים שונים
1.  גאון ההוראה אחרי 50 שנה:  היסטוריה, הגות, ריאליה; קובץ מחקרים בעקבות יום העיון במכללת אפרתה על הרב צבי פסח פראנק / עורך – ישראל רוזנסון, קע עמודים, מכללת אפרתה.
2.  המסע האחרון, מאתיים שנה למסעו בעל התניא בעיצומה של מלחמת נפוליאון תקע”ב-תשע”ב, [לאור מסמכים ותעודות, חדשים גם ישנים, וגם סיפורים ושמועות דרושים ומאמרים], יהושע מונדשיין, 378 עמודים.
3.  נתיבי מאיר, אסופות מאמרים, מאיר רפלד, 456 עמודים ]ניתן לקבל תוכן העניינים]

This is a beautiful collection of Dr. Rafeld’s articles on a very wide range of topics. Some of the articles relate to Rishonim on Chumash and many others relate to the world of minhag and Tefilah. There is also a nice collection of important articles related to the Maharshal and his generation (one of Rafeld’s specialties). All these articles show a great breadth and depth in each of their perspective subjects.
4.  הרב פנחס הירשפרונג, מעמק הבכא הנאצי, זכורנות של פליט, 215 עמודים
5.  ר’ יחזקאל סופר, במאי קמיפלגי, הפולמוס המשיחי בתנועת חב”ד, 408 עמודים
6.  הלבוש היהודי באירופה במהלך הדורות, הלכה, מנהגים, גזירות מאבקים, תקנות, מנחם מקובר, ניתן לקבל תוכן העניינים.
7. אביר הרועים, קורות העתים הנהגתו ומשנתו של ר’ עובדיה יוסף, משנת תרפ”א-תשי”א,יעקב ששון, 320 עמודים
8.  רבן של ישראל, מראות קודש ממרן פוסק הדור הגרי”ש אלישיב זצוק”ל, 219 עמודים
9.  יש”א שלום, הערכתו של הגרי”ש אלישיב זצ”ל כלפי מרן הראי”ה קוק זצ”ל, 58 עמודים
10.  הדף היומי, ר’ דוד מנדלבוים
11.  רועה ישראל, על ר’ ישראל יעקב פישר, חלק ב
12. יהדות התורה והמדינה, ר’ אוריאל צימר, בירור רעיוני קצר בשאלת היחס לציונות ולמידנה עם קצת פרקי היסטוריה מן העבר הקרוב, 47 עמודים,
13.  מפיהם אני חיים, ר’ משה קנר, מאמרים על תלמוד בבלי וירושלמי, רב האי גאון, רבינו גרשום, רש”י בעל התוספות, מהר”ם מרוטנבורג וגדולי ספרד, 375 עמודים.
14.   משונצינו ועד וילנא, תולדות הדפסת התלמוד, ר’ יעקב לופיר, 310 עמודים,

I hope to review this book at length here shortly.

15.   משה אידל, שלמויות בולעות קבלה ופרשנות, ידיעות ספרים, 695 עמודים
16.   רשימת הפירסומים, יוסף דן, תשי”ח-תשע”ב, 205 עמודים
17.   יעקב לאטס, פנקס קהילות רומא, שע”ה-תנ”ה, כולל מבוא והערות, מכון יצחק בן צבי, 409 עמודים
18.   משנת ארץ ישראל, שמואל, זאב, וחנה ספראי, מסכת פאה
19.    משנת ארץ ישראל, שמואל, זאב, וחנה ספראי, מסכת כלאים

After recently completing Seder Moed they are now almost finished with Seder Zerayim.

20.  צדיק יסוד עולם, השליחות הסודית והחוויה המיסטית של הרב קוק, סמדר שרלו, 444 עמודים, אונברסיטה בר אילן
21.  דעת גליון 73
22.  מקראות גדולות – `הכתר`-שמות א`-מהדורה מוקטנת
23.  משה פלאי, עטרה ליושנה, המאבק ליצירת יהדות ההשכלה, 501 עמודים, קיבוץ המאוחד
24.  ללמוד את שפת המולדת, מאמריו של י”ל גורדון בשנים 1881-1882, [מאמרי ביקרות על ספרים ועוד], מוסד ביאליק, ספריית דורות, 367 עמודים
25.  כִּתַאבּ אַלנֻּתַף: פירושו הדקדוקי של ר’ יהודה חיוג’ לספרי נביאים בעיבוד עלי בן סלימן מאת אהרן ממן ואפרים בן-פורת, אקדמיה ללשון העברית
26.   פרקי עיון בעברית החדשה ובעשייה בה מאת משה בר-אשר, אקדמיה ללשון העברית  
27.  מקורות ומסורות, סדר ניזקין, דוד הלבני, מגנס
28.  ההלכה: הקשרים רעיוניים ואידאולוגיים גלויים וסמויים, מגנס
29.  סידור תפילות בלאדינו, סלוניקי, המאה השש עשרה, מכון יצחק בן צבי
30.  רעואל וחבריו פרשנים יהודיים מביזנטיון מסביבות המאה העשירית לספירה, גרשון ברין, אוניברסיטת תל-אביב
31.    רבי חיים בן עטר ופירושו אור החיים על התורה, אלעזר טויטו, 291 עמודים, מכללת אורות ישראל
32.  מחשבת ישראל ואמונת ישראל, בעריכת דניאל לסקר, אוניברסיטת בן גוריון, 293 עמודים בעברית, 186 עמודים באנגליש, ניתן לקבל תוכן העניינים.

This volume has many interesting articles. Worth mentioning is Marc Shapiro’s Is there a Pesak for Jewish Thought and  David Shatz ‘s article Nothing but the truth? Modern Orthodoxy and the Polemical uses of History. In the first footnote Shatz mentions Marc Shapiro’s posts on the Seforim Blog. Much can be added to this essay but of note is footnote 28 where he writes:

To be clear, academics, I find, generally shun blogs that are aimed at a popular audience because the comments are often, if not generally, uninformed (and nasty). A few academics do read such blogs, but do not look at the comments. One result of academics largely staying out of blog discussions is that non-experts become viewed as experts. Even when academics join the discussion, the democratic atmosphere of the blog world allows non-experts to think of themselves as experts and therefore as equals of the academicians. Some laypersons, though, as I said earlier, are indeed experts in certain areas of history.

33. חקרי קבלה ותפילה, משה חלמיש, אוניברסיטת בן גוריון, 458 עמודים ניתן לקבל תוכן העניינים

This work is a collection of twenty five articles by Professor Hallamish about tefilah and kabbalah. Some of these articles appeared in print in various journals, festschrifts and memorial volumes, others are supposed to appear soon, and some were written specially for this volume. They all share the common denominator that they are based on research of an incredible amount of manuscripts and rare volumes. I have no idea how he had patience to open up that many books! Based on these discoveries Hallamish shows the influence of Kabbalah on tefilah. One can also find wealth of information on nussach of Tefilah in these volumes. There is a lot to comment on different points on this volume.

Just to make one small comment as it relates to Elul and a subject I have written about. In chapter thirteen he deals with sources for the custom of saying Ledovid in Elul. He brings early sources for saying it all year around. He quotes the Siddur Shaarei Rachamim which brings this custom to say Ledovid. Now the importance of this find is that this siddur is based on R.Chaim Hacohen who was a Talmid of Rabbi Chaim Vital. If this source is reliable then we have an earlier source for this custom. The first person (not noted by Hallamish) to point to this siddur for an early source for saying Ledovid in Elul was Rabbi Yakov Rokeach in his work Shaarei Tefilah, first printed in 1870. Now it’s well known that the editor of this siddur, Chaim Abadi, added in lots from the Chemdas Yamim and other sources so it’s not so simple if one can consider this siddur a reliable source. However, recently Rabbi Goldhaber checked up the many manuscripts of the actual siddur of R. Chaim Hacohen and found that the custom of saying Ledovid does not appear anywhere in it. Recently part of this siddur was printed by Mechon Zichron Aharon and the custom of Ledovid does appear inside this siddur. So based on this new printed siddur Hallamish has a very early source for saying Ledovid.

First of all what is clear is this is not a source to say Ledovid specifically during Elul but rather an early source to say Ledovid the whole year around. Earlier in this siddur where R. Chaim Hacohen has various chapters of Tehilim to be said on special days he does not include Ledovid to be said during Elul. However at the end of davening Ledovid appears in this new siddur. But more importantly one has to be careful to read the fine print on the page as above where it is printed to say Ledovid in small print the editor adds in that saying Ledovid here does not appear in the original manuscript! Now all this is rather strange; why did he bother adding this in? This is not the place for it as it should be earlier in the siddur with the other chapters said on special days. Even more interesting is that the editor of this siddur says that they decided that four of the manuscripts are authentic but all others have parts added in so they are not going to print all added in pieces  so the question is why did they choose to add in Ledovid
and add nothing else in this printed version.

A few months back I mentioned that the new work by David Assaf Hazitz Unifgah appeared in print. I noted that a complete bibliography of the sources that were used for writing this book was printed in the recent volume of Mechkarei Yerushalayim 23 (2011) pp. 407-481. This was not included in this new work. Recently this bibliography appeared on line here.

English 

1. The Tent of Avraham, Gleanings from the David Cardozo Academy, edited by Nathan Cardozo, Urim Press. 232 pp.
2. Inside Stam, A complete buyers Guide, Rabbi Reuvain Mendlowitz, Israel bookshop, 440 pp.
3.Edward Fram, A Window on Their World: The Court Diaries of Rabbi Hayyim Gundersheim Frankfurt am Main, 1773-1794, Wayne State Univ Press, 653 pps.



The Book of Disputes between East and West

The Book of Disputes between East
and West
 
or 
A Treasury of Alternate Customs from the Land of Israel and from Babylon 
Translated and Annotated by Leor Jacobi 
Based primarily on the Margulies Edition
with additions from the Appendices of the Miller and Lewin Editions

Menahem Av, 5772
Jerusalem
After the translation of the text itself, various
additional items are added, some of them never before published. Also included
is a translated summary of major sections of Margaliot’s introduction, along
with comments and updates.
Round brackets reflect text found in only certain
Hebrew manuscripts as indicated by Margulies in his
Hebrew edition
.
Square brackets contain English insertions of this
translator.
1.                   
People of the East sit while reading the Sh’ma. The
residents of the Land of Israel stand.
2.                   
People of the East do not mourn for a baby [who has died]
unless he has reached 30 days [of life]. The residents of the Land of Israel
[mourn] even if he is only a day old. (He is like a fully-grown groom
[=man]) 
3.                   
People of the East will allow a nursing mother to marry within
twenty-four months of the death of her baby. Residents of the Land of Israel
require her to wait twenty-four months, lest she come to kill her son.
4.                   
People of the East redeem the
firstborn with twenty-eight (and a half) royal pieces of silver. Residents of
the Land of Israel use five shekels, which are equivalent to seven (and a
third) royal pieces of silver.
5.     
 People of the East exempt a mourner [from observing laws and
customs of mourning, if the relation expired just] before a festival, even a
moment [before]. Residents of the Land of Israel only exempt a mourner from the
decree of seven days [of mourning] if at least three days have elapsed before
the festival.
6.                   
People of the East forbid a bride
from [having relations with] her husband for the full seven [days] for she is
considered to be a menstruating as a result of the relations. The residents of
the Land of Israel (say) that since his removing of her hymen is painful [it is
an external wound and] she is permitted immediately.
7.                   
The marriage contract of the
People of the East consists of twenty-five pieces of silver (and their dowry).
The residents of the Land of Israel (say) that anyone who [obligates himself]
to less than two hundred for a maiden or one hundred for a widow, is effecting
a promiscuous relationship.
8.                   
People of the East permit [the
use of] an oven (during Passover), based on the source: “[We may] roll the
Passover [lamb] in the oven at sundown.” (Mishnah Shabbat 1:11) Residents of
the Land of Israel (say): “Disregard the Passover [lamb] since it is a
sacrifice, and we [even] desecrate the Sabbath on account of it.”
9.                   
People of the East do not wash [=
ritual immersion] after experiencing a seminal emission or after relations
(since they reason that “we are in an impure land”). Residents of the Land of
Israel (do wash after a seminal emission or relations, and) even on the Day of
Atonement (for they maintain that those who have seen emissions should wash in
secret on the Sabbath and on the Day of Atonement) as a matter of course,
[which they learn] from the example of Rabbi Yosi bar Halafta, who was seen
immersing himself on the Day of Atonement.
10.               
People of the East permit gentile
butter [alternatively: cheese], (saying) that it cannot become impure.
Residents of the Land of Israel forbid it on account of (three things: because
of) milk which was expressed by a gentile (without a Jew observing him, because
of gentile cooking) and because of impure fat (which it might be mixed
with).
11.               
People of the East say that a
menstruating woman may perform all types of household duties except for three
things: mixing drinks, making the bed, and washing his face, hands, and legs.
According to the residents of the land of Israel, she may not touch anything
moist or household utensils. Only reluctantly was she permitted to even nurse
her child.
12.               
People of the East do not say
recite eulogies [alternatively: the prayer “tsidduk ha-din”] in
the presence of the dead (during the in-between days of the festival).
Residents of the Land of Israel do recite these before him.
13.               
People of the East do not rip up
a divorce contract. Residents of the Land of Israel rip it up. [Acc. to Lewin,
this may have originally referred to whether a mourner rips his garment during
the intermediate days of a festival.]
14.               
People of the East have mourners
come to the synagogue each day. Residents of the Land of Israel do not allow
him to enter, with the sole exception of the Sabbath.
15.               
People of the East do not clean
their posteriors with water. Residents of the Land of Israel do cleanse
themselves [with water], (based on the source:) A generation which considers
itself pure … [but has not cleaned itself from its excrement.] (Proverbs
30:12)
16.               
People of the East [permit one
to] weigh meat on intermediate days of the festival. Residents of the Land of
Israel forbid hanging it on a scale, even just to keep it away from rodents,
(based on the source: “One may not operate a scale at all.” – Mishna Beitza 6,
3) 
17.               
People of the East circumcise
[babies] over water and then dab [the water] onto their faces, (from here: “and
I will wash you with water, [rinse your blood off of you, and anoint you with
oil]” – Ezekiel 16:9)  Residents of the
Land of Israel circumcise over dust, from here: “Also, due to the blood of your
covenant have I sent your prisoners free from a pit with no water in it.”
(Zechariah 9:11)
18.               
People of the East (only) check
the lungs. Residents of the Land of Israel (check) eighteen types of disqualifications.
19.               
People of the East only recite a
blessing [= grace
after meals] over [a cup of] diluted wine.
Residents of the Land of Israel (will recite a blessing) when it is fully
potent.
20.               
When thurmusin [beans] and
tree-fruit are served to People of the East simultaneously, they recite the
blessing for fruit of the tree and set aside the beans. Residents of the Land
of Israel recite a blessing on the thurmusin, since everything is
included in “[the fruits of] the earth.” 
21.               
On the Sabbath, people of the
East break bread on two loaves, for they expound: “a double portion of bread”
(Exodous 16:21) [which fell on the Eve of the Sabbath]. Residents of the Land
of Israel break bread exclusively on a single loaf, so that the [lesser] honor
of the Eve of the Sabbath will not intrude upon [the honor of] the Sabbath. 
22.               
People of the East spread their
hands [= recite the priestly blessing] during fasts and on the on the ninth of
Av as part of the evening benedictions. Residents of the Land of Israel only
spread their hands during the morning services, with the sole exception of the
Day of Atonement. 
23.               
People of the East will not
slaughter a newly-born animal until the eighth day. Residents of the Land of
Israel will slaughter even a newborn, for [they maintain that] the prohibition
of the eighth day applies only to sacrifices.
24.               
People of the East do mention the
word mazon [=nourishment] in the blessings of grace after dining.
Residents of the Land of Israel consider mazon to be [the] central
[component of the blessings] (for everything else is peripheral to mazon]. 
25.               
A ring does not sanctify marriage
according to people of the East. Residents of the Land of Israel consider it
[sufficient to] fully sanctify a marriage. 
26.               
People of the East individually
redeem the second tithe and the planting of the fourth year. Residents of the
Land of Israel only redeem them in [the presence of] three [men]. 
27.               
The divorce contracts of people
of the East contain two ten-letter words [‘dytyhwyyyn’ and ‘ditibyyyn’]. Those of the residents of the Land of Israel contain
three ten-letter words [the third is not known].
28.               
People of the East bless the
[bride and] groom with seven blessing. Residents of the Land of Israel recite
three [blessings, which have been forgotten].
29.               
According to people of the East,
the prayer leader recites the priestly blessing (before the congregation) [in
the absence of Kohanim]. Residents of the Land of Israel do not (allow the
prayer leader to recite the priestly blessing, for they expound [from the
verse]: “So they shall put my name” (Numbers 6:27) that it is strictly
forbidden for anyone to “put” the holy name), unless they are Kohanim. 
30.               
People of the East forbid bread
baked by a gentile, but will consume gentile bread if a Jew threw a piece of
wood into the fire. Residents of the Land of Israel forbid it (even with the
wood, for the wood neither forbids nor permits. When are they lenient? In cases
when there is nothing [else] to eat, and already a day or two have passed
without consuming anything. It was thus permitted to revive his soul so that
his soul should be maintained, but only from a [gentile] baker who has never
brought meat into his bakery, even though it considered a [separate] cooked
dish.) 
31.               
People of the East carry coins
from place to place on the Sabbath. Residents of the Land of Israel (say) that
it is forbidden to even touch them. Why? Because all types of work are done
with them.
32.               
People of the East recite: “meqadesh
ha-shabbat,”
[who sanctifies the Sabbath]. Residents of the Land of Israel
recite: “meqadesh Yisrael v’yom ha-shabbat” [who sanctifies Israel and
the Sabbath day].
33.               
Among people of the East, a
disciple does not greet his master with: “shalom”. Among residents of
the Land of Israel a disciple greets his master [by saying]: “shalom
unto you, rabbi.” 
34.               
According to People of the East,
if a yevama [=a woman automatically betrothed to the brother of her
deceased husband] should marry [another man] without halitza [=a legal
procedure which frees her from this betrothal] and her yavam [=the
brother] should return from overseas, he performs the halitza (to her)
and she remains with her (second) husband. Residents of the Land of Israel
remove [=forbid] her from both of them. 
35.               
People of the East exempt a yevama
from halitza [only] once the baby is thirty days old. According to
residents of the Land of Israel, even if only the head and most of the body
emerged alive, and even for only a moment (before the father died), she is
fully exempt from halitza and from yivum [and may remarry
freely], (for they expound: “If he has left seed, she is exempt.”) 
36.               
People of the East turn their
faces (towards the congregation) and their backs towards the aron
[=closet containing the Torah scroll]. Residents of the Land of Israel [are
positioned with] their faces towards the aron.
37.               
According to people of the East,
one [scribe] writes the divorce contract and another signs along with the
writer. Among residents of the Land of Israel, one writes and two [others]
sign.
38.               
People of the East marry the
[bride and] groom on Thursday. Residents of the Land of Israel [marry] on
Wednesday, (according to the law: “a maiden marries on Wednesday.” – Mishnah
Ketubot 1:1)
39.               
People of the East perform labors
on the intermediate days of the festivals. Residents of the Land of Israel do
not do them at all. Rather, they eat and drink and exert their [energies in
learning] Torah, (for the sages have taught that: “it is forbidden to perform
labors on the intermediate days of the festivals.”) 
40.               
People of the East begin [the
initial act of] intercourse with genital insertion in the natural manner.
Residents of the Land of Israel use a finger [to break the hymen and enable
conception through the first act of intercourse. Alternatively, to verify
virginity.] 
41.               
People of the East observe two
festival days. Residents of the Land of Israel observe one, (as per the
commandment of the Torah.) 
42.               
People of the East forbid the
Kohanim from blessing the congregation if they have long, unkempt hair.
[Alternatively: with their heads uncovered]. Among residents of the Land of
Israel Kohanim do () [in fact bless the congregation with long, unkempt hair.] 
43.               
People of the East whisper the
eighteen benedictions while praying. Residents of the Land of Israel [pray] out
loud, in order that people should become familiar with them. 
44.               
People of the East count the Omer
only at night. Residents of the Land of Israel count during the day and at
night. 
45.               
People of the East circumcise
with a razor. Residents of the Land of Israel use a knife. 
46.               
(People of the East mix a remedy
for circumcision from donkey dung and cumin. The residents of the Land of
Israel do not do this.) 
47.               
According to people of the East,
the prayer leader and the congregation read the weekly [Torah] portion [of the
annual cycle] together. Among residents of the Land of Israel, the congregation
reads the weekly portion and the prayer leader [reads] the weekly [triennial]
orders.
48.               
People of the East celebrate Simhat
Torah
[the festival of the completion of the Pentateuch] every year.
Residents of the Land of Israel celebrate it once every three-and-a-half years.
49.               
People of the East bless the
Torah while it is being [re-]inserted [into the Aron]. Residents of the
Land of Israel bless both while it is being inserted and while being removed,
(according to scripture and law, as per the verse: “and upon its opening the
entire nation stood.” – Nehemia 8:5)
50.               
(According to people of the East,
a Kohen may not bless the congregation until he has married. Residents of the
Land of Israel [allow him to] bless even before he has married a woman.)
51.               
People of the East do not carry a
palm branch [when the first day of the festival of Tabernacles falls] on the
Sabbath. Rather they take a myrtle branch. Residents of the Land of Israel
(carry both the palm and the myrtle on the first day of the festival which
falls on the Sabbath, according to the verse:) “And you should take for
yourselves” (Leviticus 23:40) [which is expounded to include:] “on the
Sabbath.” (Bavli Sukkah 43a) 
52.               
(Residents of the Land of Israel
permit the consumption of daytra fats. Residents of Babylon forbid it.) 
53.               
People of the East permit [the
consumption of] broad beans which a gentile has boiled, and also locusts.
Residents of the Land of Israel forbid it, (since they mix their boiled meat
with their boiled fruits [= produce].)
54.               
People of the East do not blow
sirens before the onset of the Sabbath. Residents of the Land of Israel sound
three sirens. 
55.               
According to people of the East,
Kohanim lift their hands [to bless the people] three times on the Day of
Atonement. Residents of the Land of Israel [bless] four times on that day: shaharit,
musaf, minha, and neila.
 
56.               
(*). Residents of Babylon permit
[the consumption of] milk [from a cow] which a gentile has milked, [even]
without a Jew having watched him, provided that there are no unclean animals in
his flock. Residents of the Land of Israel forbid its’ consumption. (This item
is found in only one manuscript. Thus, Margulies doubts whether it is included
in the original collection; however, he maintains that it is historically authentic
and thus included it in the commentary section.)
Margulies’ running commentary has not been translated.
[Translator’s note on additional items:
There are four different types of items and it is
important to distinguish between them.
A. Items which appear in multiple versions of the Geonic
list collections, the main body of the present work.
B. Items which appear to have been added to certain
manuscript versions of the list after its “publication,” during the Geonic
period or shortly thereafter. This includes items 46, 50, and 56, and possibly
others. Since they may actually be remnants of the original list and do appear
in the manuscripts, Margulies and Lewin did include them in attempting to
produce a critical version of this text itself. [Elkin’s 1998 Tarbiz article
hints that the original work may have been smaller than Margulies supposed and
hence more of the text translated above would fall into this category.]
C. Items which are culled from external Geonic literature
and provide direct testimonial evidence for the historical validity of these
distinctions. They could conceivably have been included in the original list,
but for one reason or another were not. This describes Lewin’s additions, and
the first section of Miller’s additions.
D. Items which were deduced from prior Talmudic
literature. Kaftor w’Ferah seems to have pioneered this field, picked up
and extended by Miller and others. It should be noted that these items should
all be evaluated separately, as they do not necessarily constitute testimonial
evidence and rather, in some cases, may be merely theoretical.]
Additional items collected by R. Yoel HaKohen Miller
(1878)
From
Masekhet Sofrim:
56.               
People of the East recite kaddish and borkhu
with ten men. People of the Land of Israel [recite] with seven (10:7)
57.               
 People of the East
respond “Steadfast are you” after the reading of the prophets while sitting.
Residents of the Land of Israel [respond] while standing. (13:10)
58.               
 People of the East
fast before Purim. People of the Land of Israel [fast] after Purim, based on
Nikanor. (17:4, from Tosefta)
59.               
People of the East recite Kedusha each day. People of
the Land of Israel only recite it on the Sabbath and Festival days. (Tosafot
Sanhedrin 37b ad. Loc. Mknp, citing Geonim
Compiled
by Miller from Kaftor w’Ferah of Rabbi Ashtori HaParḥi (Isaac HaKohen ben
Moses, 1280-1366), deduced from talmudic sources:
60.               
People of the East do not ordain judges. People of the Land of
Israel do ordain. (Sanhedrin Chapter 1)
61.               
People of the East conclude [the threefold benediction]: “for
the land and the fruit.” People of the Land of Israel [conclude]: “for the land
and its fruit” (Berakhot, 6th chapter)
62.               
People of the East first plow and then sow seeds. People of
the Land of Israel first sow and then plow. (Sabbath, 7th chapter)
63.               
People of the East do not chase after idol worship [in order
to destroy it]. People of the Land of Israel do chase after it. (Sifre Devarim
Re’eh 61)
64.               
People of the East do not collect fines. People of the Land of
Israel do collect in court. (end of Ketuvot ch. 3…)
65.               
People of the East permit a brown citron [for use among the
four species]. People of the Land of Israel forbid it. (Sukkah, ch. 3)
66.               
People of the East grind with a small mortar on a
festival day. People of the Land of Israel forbid it (Beitza, ch. 1)
67.               
People of the East [formally] begin the meal [and apply its laws]
once the belt has been released. People of the Land of Israel [begin] once the
hands have been washed. (Shabbat, ch. 1)
68.               
People of the East maintain that one who purchases a slave from a
gentile, who does not wish to become circumcised [immediately], may postpone
and continue deliberations up to twelve months. People of the Land of Israel do
not allow any delay lest sanctified food become defiled through contact with
him. (Yevamot 48b)
69.               
People of the East do not transfer bones of the dead from little
caves to small holes in caves [where presumably whole cadavers could not fit,]
in order to bury other dead. People of the Land of Israel do transfer [bones].
(Rav Hai Gaon, as cited by Ramban, in Torat
ha-adam
)
70.               
People of the East first marry and then learn Torah. People of the
Land of Israel learn Torah first and then marry. (Kiddushin 29b)
71.               
People of the East recite nineteen blessings. People of the Land
of Israel recite eighteen blessings. (Rabbenu Yeshaya ha-Zaqen,
RID
, in
his commentary to Ta’anit, cited here)
72.               
People of the East do not mention “dew” during the summer. People
of the Land of Israel do mention it. (PT Ta’anit ch. 1, Berakhot ch. 5)
73.               
People of the East are not concerned with “pairs.” People of the
Land of Israel are concerned. (Pesahim 110) [in all manuscript and printed
versions of the Talmud known to me it appears in reverse and was apparently
copied by mistake here.]
    I would now
like to present some very special additions of Rabbi Benjamin Wolf Singer
(1855-1930). R. Daniel Sperber published a
volume of his hiddushim/novella
. See his biography of the author
here and here. Much more about him later. I hope to devote a future
post to Rabbi Singer and his brother.
      These notes
have never before been published, and were found in the form of his handwritten
notes in the back of his personal copy of Miller’s edition of the work, now
housed in the Bar Ilan University central library. The notes follow the extra
hiluqim of Kaftor v’Ferah, ShIR, and Miller which we have just translated
above. Apparently, they inspired Rabbi Singer to continue their work on the
very same page! His notes look like this:
(Click for large, high-resolution images)

 

What follows is the best I
could do for a transcription. All of the main points are clear, but not all of
the references. Even this I couldn’t have done without a lot of assistance from
my friend R. Yehezkel Druk, who is responsible in no small part for the many
corrections and additions in Moreshet L’Hanhil’s volumes of the new Friedman
Shulhan Arukh.

Hopefully, some of the
readers viewing at home can decipher some more of this. If you can, please
comment! A translation and more follows.
תוספות חלופי מנהגים
של ר’ בנימין זאב זינגער
א. מחלמ”נ [=מחלפי
מנהגים?] דבבבל לא קפדו אטבילת קרי עיין ברכות כ”ב. ובא”י קפדו. ע’ ירושלמי
שם פ”ג ה”ב, תמן נהגין כו’ ע”ש.
ב. בבבל שובתין מתוך
מריעין, שבת לד: מנהג אבותיהן בידיהן. ע”ש.
ג. בבבל קרו הלל בר”ח
ובא”י לא. תענית כח: מנהג אבותיהן בידיהן. ע”ש.
ד. בבבל קרו פרסא עי’
(חולין) פסחים צג: וצ. ולהיפך בא”י קרו רק ד’ מילין. עי’ ירושלמי ברכות פ”א
ה”א ושם נסמן [וירושלמי שבת סוף פרק קמא עד ד’ מיל ועיין יומא כ:] ואותה ?הכחיי?
עצמה דרבי יהודה דאיתא בפסחים פרסא היא בירושלמי במילין. והא דבחולין קכב: עד ד’ מיל
דאמר בשם רבי ינאי ורשל”ק [ריש לקיש] בני ארץ ישראל. ועי’ ברכות טו ע”א [אבל
לאחוריה אפילו מיל אינו חוזר [ומינה] מיל הוא דאינו חוזר הא פחות ממיל חוזר] סוטה
מו: [וכמה א”ר ששת עד פרסה ולא אמרן אלא רבו שאינו מובהק אבל רבו מובהק שלשה
פרסאות] סנה’ ה: [ותניא תלמיד אל יורה הלכה במקום רבו אלא אם כן היה רחוק ממנו שלש
פרסאות כנגד מחנה ישראל] סוכה מד: [אמר אייבו משום רבי אלעזר בר צדוק אל יהלך אדם
בערבי שבתות יותר משלש פרסאות] ושם נראה דראב”ץ [=רבי אלעזר בר צדוק] בבלי
היה מדאמר בלשון פרסי ועי’ תו'[ספתא] ב”ק פ”ח מ”ט [אין פורסין
נשבין ליונין אלא אם כן היה רחוק מן היישוב שלשים ריס]  ל’ ריס (והיינו ד’ פרסי) ועי’ נדה כד: תניא אבא שאול אומר ואי תימא
רבי יוחנן כו’ ורצתי אחריו ג’ פרסאות
ה. לדעת בני א”י
ד’ מפתחות ביד הקב”ו ולדעת הבבלי ג’ עיין ריש תענית ומאיר עיני חכמים דף מב: וכיוצא
בזה ברכו’ ג’ ע”ב רבי אומר ד’ משמרות רבי נתן ג’ ונראה שבא”י קיימו מספר
ד’ ובבל ג’
ו. ירושלמי פ”ק
דראש השנה תמן חשן [תמן חשין לצומא רבה תרין יומין]  ? יומא רבה ב’ יומי’ ועי’ סה”ד [סוף הלכה ד’] שאבוה… בשמת ע”י
זה [פני משה מסכת ראש השנה פרק א: “תמן חשין לצומא רבא תרין יומין. בבבל היו
אנשים שחששו לעשות מספק ב’ ימים יה”כ ולהתענות ואמר להן רב חסדא למה לכם
להכניס עצמיכם למספק הזה שתוכלו להסתכן מחמת כך הלא חזקה היא שאין הב”ד
מתעצלין בו מלשלוח שלוחים להודיע לכל הגולה אם עיברו אלול ואם אין שלוחין באין
תסמכו על הרוב שאין אלול מעובר. ומייתי להאי עובדא דאבוה דר’ שמואל בר רב יצחק
והוא רב יצחק גופיה שחשש ע”ע וצם תרין יומין ואפסק כרוכה ודמיך. כשהפסיק מן
התענית ורצה לכרוך ולאכול נתחלש ונפטר. ועל שהכניס עצמו לסכנה מספק לא הזכירו שמו
להדיא ואמרו אבוה דר’ שמואל בר רב יצחק”.]
ז. ירושלמי ברכות פ”ב
ה”א כך אינון (בבלאי) נהגין גביהון זעירא לא שאל בשלמיה דרבה
ח. עי’ ירושלמי סוכה
פ”ד ה”א ושביעית פ”א ה”ז ועיין שם פ”ד ה”א או’ רבי
יוחנן לרבי חייה בר בא בבלייא תרין מילין סלקון בידיכון מפשיטותא דתעניתא וערובתא
דיומא שביעייא. ורבנן דקיסרין אמרין אף הדא מקזתה ועי’ בבלי סוכה מד. ??
ט. יוסף בבבלי יוסי
בירושלמי עי’ ?יבמות? קג ע”א
7. ברכות פ”ח ה”א
ירו’ אמר אר”י ב”ר נהיגין תמן במקום שאין יין ש”צ עובר לפני התיבה
ואומר ברכה אחת מעין שבע וחותם במקדש ישראל ואת יום השבת. ועי’ ?רא”ש? ?? י”ב
שלא מצאנו כן בבבלי
8. עיין ברכות נ. בבבל
נהגי כרבי ישמעאל ברכו א”ה המבורך – וירושלמי פ”ז דברכות ה”ד [נדצ”ל:
ה”ג] נראה דבא”י כר”ע

9. ירושלמי ברכות פ”ז
ה”ד [נדצ”ל: ה”ג] נראה דבא”י כשקראו כהן במקום לוי לא בירך
שנית ובבבל מברך. עיין שם. תוס’ גיטין נט: [ד”ה כי קאמרינן באותו כהן, והשווה
תוספת לוין סו’ י”ג וי”ד]
10. פסחים
נו: בענין ברוך שכמל”ו [שם כבוד מלכותו לעולם ועד] דבא”י אומרין אותו
בקול רם מפני המינין ובנהרדעא בחשאי שאין שם מינין מב.. לר.. גבי ר’ אבהו ב’. [אולי
הכוונה לצטט ויכוח של מין עם ר’ אבהו.]
Here is a loose translation without the references:
  1. In Babylon they were lax regarding the requirement
    for one who experienced seminal emissions [Ba’al Qeri] to immerse
    himself in a mikva. In the Land of Israel they were stringent.
  2. In Babylonia they commence the Sabbath in the midst
    of the blowing of the shofar teru’ah — They retain their fathers’
    practice. (Sabbath 35b)
  3. In Babylon, they read the hallel on the day of
    the New Moon. In the land of Israel they did not (Ta’anit 28b, “They
    retain their fathers’ practice”).
  4. In Babylon [a large unit of length] is referred to as
    a “parsa.” On the other hand, in the land of Israel, it is referred
    to as “four mil.” [miles]
  5. According to the understanding of the sages of the
    Land of Israel there are four keys in the hands of the holy one, blessed
    be he. According to the understanding of the sages of Babylon, there are
    three.
  6. In Babylon there were sages who fasted two Days of
    Atonement due to uncertainty as to on which day the new month begins.
  7. The Babylonians do not greet [rabbinic authorities],
    so Z’eira [respected their custom and] did not greet Rabbah when he
    visited.
  8. Rabbi Yohanan said to Rav Hiyya bar Bo: “The
    Babylonians have brought two [customs] up with them: full prostration on
    the fast days and the taking of the willow on the seventh day [of Sukkot].
    The Rabbis of Caesarea added bloodletting [to the list] as well.
  9. In the Babylonian Talmud we find: “Yosef.” In
    the Jerusalem Talmud: “Yosi.”
  10. (7) “There, in Babylon, when there is no wine, the
    prayer leader descends to the bima and recites the one blessing in
    place of seven and concludes with meqadesh Israel v’et yom hashabbat.”
    However, in the Babylonian Talmud we do not find this.
  11. (8) In Babylon the custom followed Rabbi Ishmael in
    reciting “borkhu et hashem hamevorakh.” It appears that in the Land
    of Israel they followed Rabbi Akiva [instead].
  12. (9) Is seems that in the Land of Israel, when a Kohen
    was called to the Torah reading in the absence of a Levite, he would not
    recite a second blessing. In Babylon he recites the benediction.
  13. (10) In the Land of Israel they recite “Barukh
    shem kavod malkhuto l’olam va’ed”
    out loud because of the heretics. In
    Nehardea they whisper it since there are no heretics there.
As you can see, the numbering switches from Hebrew to
Latin after tet. This is probably because the tet resembles a
six, so he followed it up with seven. Remember, these were just personal notes,
not intended for publication, obviously. Rabbi Singer’s mind was on more
important things, as the erudition of his notes speaks for itself. Anyway, who was Rabbi Singer? We’ll return to that at the end of
this post. Here in the middle of the work there is a citation apparently to a
Yalkut in Parshat VaYeshev, but I can’t make heads or tails of it.

Appendix to
Lewin’s edition. The articles originally appeared in Sinai 10 and 11.

Like
Zinger, Lewin also noted the additional Hiluqim in Miller’s volume and
decided to add more. Instead of adding exclusively from Talmudic sources, Lewin
leaned more on Geonic sources, of which he was the great master.  Some of these additions are quotations, and
some Lewin formulated himself.
1.                   
After completion [of the section from the public reading], the
reader blesses: “Blessed are you … ruler of the world, rock of ages, righteous
of all generations, the steadfast deity …” Then the congregation promptly
rise and say: “Steadfast are you, he, the Lord, our G-d, and steadfast is your
word. Steadfast, living, and lasting is your name and it’s utterance. Always
will you rule over us forever and ever.” This is one of the disputes between
the sons of the East and the sons of the West, for the sons of the East respond
while sitting whereas the sons of the West [respond] while standing.
2.                   
In Zoan, Egypt, which is called Fustat [today part of old
Cairo], there are two synagogues: one for the people of the Land of Israel, the
al-Shamiyin congregation [=the “Yerushalmi”, this name is
still used today to refer to a Jewish Yemenite branch] (It is named after
Elijah, of blessed memory [?, see below]). The other is the congregation of the
people of Babylon, the al-Iraqiyn congregation. They do not observe the
same customs. (Selections from Yosef Sambari, Seder HaHakhamim, Neubauer
I, p. 118. On page 137 it states that the congregational synagogue then still
in use was built before the destruction of the second temple in Jerusalem.)
One, (the people of the Land of Israel) stands during kedusha, while the
other, (that of the residents of Babylon) sit during kedusha. (Rabbi Avraham
ben HaGra, Maspiq l’ovdei hashem. In
the 1989 edition published by Nissim Dana, page 180,
the opinions appear in
reverse order)
3.                   
It is written in the responsa of the Geonim that the residents
of the Land of Israel recite kedusha only on the Sabbath, since it is written
[in Isaiah 6:2] that the Hayot have six wings. Each wing sings praises
corresponding to the days of the week. When the Sabbath arrives, the Hayot say
to the holy one, blessed be he: “We do not have another wing!” He replies to
them: “I have another wing which sings praises to me, as in (Isaiah 24:16):
“From the end [literally: wing] of the world we have heard song.” (Tosafot
Sanhedrin 37b, ad. loc. Mikanap, Miller 59)
4.                   
We do not recite kadish or borkhu with
any less than ten [men]. Our sages in the west recite it [in the presence] of
[even] seven [men]. They explain themselves according to the verse: “bifroa
p’raot …
” (Judges 5:2) according to the number of words [in the verse = seven.
See also verse 5:9.] Some recite it with even six [men] since [the word] borkhu
is the sixth [word in the verse]. (Some base this opinion on Psalms 68:27,
which contains six words – Avudraham)
5.                   
R.
Joseph said: How fine was the statement which was brought by R. Samuel b. Judah
when he reported that in the West [Israel] they say [in the evening], “Speak
unto the children of Israel and thou shalt say unto them, I am the Lord your
God, True.” (Berakhot 14b, Soncino translation). Still now, several cities [alternatively:
regions] in the Land of Israel observe this custon in the evening. They reason
that shema and v’haya im shamoa, [the first two paragraphs], are
observed both day and night, whereas va’yomer is only observed during
the day [as per Mishna Berakhot 2:2]. (Hilkhot Gedolot 1, Hilkhot Berakhot 2,
p. 37, second Hildesheimer edition)
6.                   
The
sages of the Land of Israel behave as follows: they recite the evening prayers
and later they read the Shema in its proper time. They are not concerned
about connecting [the blessing ending with] geula to the evening
prayers. (Sha’arei Teshuva 76, See Otzar HaGeonim for a list of numerous
rishonim and collections who cite this responsum.)
7.                   
Conserving
a festival which begins after the Sabbath, it is still maintained in the Land
of Israel that a fourth blessing is recited separately… but as for us, Rab
and Samuel instituted for us a precious pearl in Babylon: “Just judgements and
true Torah.” (attributed to Rav Hai Gaon, Otzar HaGeonim Berakhot, Perushim p.
46)
8.                   
On
the final day of the festival miṣwot
u’ḥuqim
and bekhor are read (Megilah 31a, acc. to mss.
Munich and rishonim). Rav Hai Gaon explains this passage as a mnemonic sign: 1.
There are those who read “for this miwa” (Deut. 30:11) and this is
still read in the Land of Israel. 2. There are those who read from “im be’ḥuqotai
until “qomemiut.” (Lev. 26:3-13) 3. There are those who read: “kol
ha’bekhor
” (Deut 15:19). We read “kol ha’bekhor.” (various
sources, Otzar HaGeonim Megillah, p. 62, no. 230)
9.                   
Upon
the conclusion of the Day of Atonement, residents of the Land of Israel blow qashraq
[=tashrat, a serious of various tones]. Residents of Babylon only
sound one plain blow in remembrance of the jubilee. [From here until the end,
Lewin composed most of the statements himself based on the sources he
provides.]
10.               
The
three fast days – Ta’anit Esther – are not observed consecutively, but
rather, separately: Monday, Thursday, and Monday. Our sages in the Land of
Israel were accustomed to fast after the days of Purim, on account of Nicanor
and his company. Also, we delay [unpleasant] payment and do not predicate it.
(Masekhet Sofrim 17)
11.               
Residents
of the Land of Israel would not actually fully prostrate themselves on fast
days. Residents of Babylon would actually fully prostrate themselves.
12.               
Residents
of the Land of Israel did not read Hallel at all on the day of the New
Moon. Residents of Babylon read it while skipping sections [an abbreviated
version].
13.               
Among
residents of the Land of Israel, the first reader from the Torah recites the
beginning blessing, and the last reader recites the final blessing. According
to the residents of Babylonian, each and every reader blesses before and after
the reading, since [members of the congregation may be] coming and going
[during the readings and thus miss one or the other].
14.               
In
the absence of a Levite, residents of the Land of Israel would call a second
Kohen to read from the Torah in his place. Residents of Babylon would call up
the very same Kohen again who just read the first portion.
15.               
Residents
of the Land of Israel permitted writing [Torah] scrolls on the skins of pure
animals even if they were not slaughtered according to specifications of
dietary laws. Residents of Babylon forbade this since they were not
slaughtered.
Translated summary of selected sections of Margaliot’s
introduction
Margulies’ Table of Contents
[The entire Table of Contents of Margulies has been
translated. However, only a summary of chapter 2 and the text of the original
work itself have been translated here.]
Chapter 1
Relations between Babylon and the Land of Israel from the
close of the Talmudic period until the close of the Geonic period
1.                   
The end of the Talmudic Period
2.                   
The Geonic period
3.                   
Attitudes towards divergent
customs until the Geonic period
4.                   
Attitudes of Babylonian Geonim to
the customs of the Land of Israel
Chapter 2
The Book of Disputes between East and West, the nature of
the work and its use by Rabbinic and Karaite Jews.
1.                   
The name of the work
2.                   
The author, his period, and
locale
3.                   
Purpose of the work
4.                   
Characteristics and scope of the
book
5.                   
Language and sources
6.                   
Legal sources and historical
development of the disputes
7.                   
Use of the book by Geonim
8.                   
Use of the book by Rabbinic legal
authorities
9.                   
Use of the book by Karaites
10.               
Scholars who have studied the
work
Chapter 3
Textual sources of
the Book of Disputes, Printed Editions and Manuscripts
1.                   
Text versions, families and
formation
2.                   
The first group
3.                   
The second group
4.                   
The third group
5.                   
This edition’s presentation and
stemmatic diagram of source       relationships
6.                   
The varying order of the disputes
in all of the versions
7.                   
The text
Presentation of the actual text with variant apparatus
Sources, History, and Development of the Disputes
[Systematic Commentary]
Chapter 1 is a general introduction to the context of the
work and is not translated at this time
Chapter 2 Summarized in translation
1.                   
The name of the work
The work appears in numerous manuscript versions and
cited by various Rishonim. Virtually every single one has a different title for
the work – all variations on the same descriptive theme. [Both the variation in
titles and the descriptive nature suggest that the work may have been not only
anonymous, but also untitled. It was simply a list drawn up by a sage, copied
and possibly added to.]
The majority of sources contain a variation of the root ḥlq
in the title, including the
first printed edition
(1616, starts at middle of page)
included at the end of Bava Kamma in Yam shel Shelomo, by the
great Ashkenazi sage Rabbi
Solomon Luria, better known as
Maharshal (1510-1573).

I don’t know who decided to include the work in
Maharshal’s edition, it led some to believe that the Maharshal himself
collected it, a point justly disputed by Rav Avraham ben HaGra [see below].
Margulies is perplexed as to why Miller chose a title
based on the root ḥlp, which only appears in a few secondary sources like
Ravya, Rosh, and Tur.
[Lewin also followed Miller on this point. It seems that
the selection of this root was designed to minimize the controversial nature of
the work. As Lewin stresses in his introduction, this is a work of divergent
customs, not disputes regarding actual Torah law. The reader can evaluate both
titles, which have themselves both been translated here as “alternates”. In
this writer’s opinion, both of the roots may be “alternate” variations of one
original word (probably from the root ḥlq) as the letters peh
and qof are graphically similar. A supporting example of variation
between these very same words is found in The Epistle of Rav Sherira Gaon in
the “French” manuscript branch. See Lewin’s
edition, page 22,
left column, note 19.  There you will find a manuscript with
precisely such an alternate reading.
Also of note is that certain Islamic literature which
records divergent legal opinions is referred to as kḥilaf. See
here
, beginning of intro. On the other hand, an 11th
century Karaite work is entitled Ḥilluq ha-qara’im we-ha-rabbanim]
2. The author, his period, and locale
The author is anonymous, and we have no clue as to his
identity.
The first serious recorded attempt to date the work is by
Rabbi
Abraham ben Elijah of Vilna
, the son of the famous GRA, in
his work Rav
P’alim, p. 126
. He was uncertain as to whether
the work was authored by amoraim or in a later period. [His chief concern here
is disproving the erroneous theory that the Maharshal himself collected
the work from various rabbinic sources.] Miller was able to hone in closer,
from the savoraim at the close of the Talmudic period to the beginning
of the Geonic period. Margulies provides considerable evidence that the work
was composed around the year 700. That is, after the Arab conquest and before Rav Yehudai Gaon.

According to Miller, our author was a native of the Land of Israel and familiar
with Babylonian customs through travel to Babylon. Western Aramaic and Western Hebrew forms abound. In fact, the very
composition in Hebrew suggests composition in the land of Israel, the language
of the “Minor”
Talmudic tractates
produced there during the Geonic
period, as well as Hebrew translations of Eastern Aramaic Babylonian Geonic works themselves. Margulies points out
that since Miller’s publication, new evidence has emerged from the Cairo geniza
which shows that after the Arab conquest, Babylonian Jews migrated to the Land
of Israel and formed their own separate congregations in Tiberias, Ramla, and Mivtzar Dan (Panias-Banias), with the most likely speculative location for our
author being Tiberias, which was a native Torah center that may have already
boasted a Babylonian community during the Talmudic period.
3. Purpose of the work
According to Miller, the work was designed to oppose the
Babylonian side in the dispute between the two great Torah centers. He points
out that many more explanations are offered in support of the
“Yerushalmi” side than the Babylonian. Later, Miller appears to
backtrack and seems to conclude that the work is simply meant to impartially
catalog the various discrepancies.

Margulies accepts the claims regarding the basic “Yerushalmi”
orientation, but understands the purpose more subtly. Rather than taking a
confrontational stance, the work merely seeks to explain and rationalize the
local customs and decisions to the new Babylonian immigrants who were not aware
or respectful of the locals. No attempt is made per se to reject the validity
of the Babylonian customs themselves and at times the author troubles himself
to explain them only.
          4. Characteristics and scope of
the book


The items in the work are haphazardly arranged with only occasional grouping according to topic. It is nowhere near complete
in cataloging all of the items of dispute. According to Miller, the complete
version of the work has not yet been transmitted to us. [This understanding may
underly many efforts to expand on this list, discussed in the Appendix.]
Margulies disagrees, on the basis of the numerous manuscript examples at his
disposal. According to him, the author never meant to compile an exhaustive
list.
          5. Language and sources
It has already been pointed out that the work was
composed in “Yerushalmi” Hebrew. A list of words and phrases is
provided by Margulies along with parallel examples from Talmudic and Geonic
“Yerushalmi” literature. He supposes that many more parallels would
be found in halakhic works from the period and region which are no longer
extant.
[This section is of
considerable philological interest especially regarding Geonic material in
Hebrew which may be of uncertain provenance.]
          6. Legal sources and historical
development of the disputes

          Most of the items can be
documented partially in other Talmudic and Geonic literature. As would be
expected, there is a high level of correspondence between the
“Yerushalmi” side and the Jerusalem Talmud; also, between the
Babylonian side and the Babylonian Talmud.
Most of the items appear to predate the collection and stem from the Talmudic period, many probably earlier, from the  Tannaitic period.
In some cases, a Tannaitic dispute may have been
transmitted unresolved to both regions and eventually decided differently in
each locale in a purely internal manner. Conversely, sometimes entirely
external factors may drive the discrepancies in later periods as well.
Of special interest is following the disputes from the
Geonic period until the end of the period of the Rishomin signified by the publication of the Shulhan Arukh. In
general, the Babylonian side prevailed as their hegemony increased, but in a
number of cases, the position native to the Land of Israel in fact dominated,
especially when it did not contradict any explicit statements in the Babylonian
Talmud. This tradition was especially strong in Tsarfat and Ashkenaz (France
and Germany) as opposed to Sepharad (Spain), which historically remained tied
to the Babylonian Geonim. The influence of the Land of Israel side is
especially noticed in the house of study of the great Rashi and his students (items 2, 3, 6, 7, 10, 13, 14, 18, 19, 25, and more).
The period following the publication of the Shulhan Arukh is not discussed systematically in Margulies’ commentary
since to a large extent geographic boundaries were erased by the free transfer
of books from one region to another and a great amount of cross-fertilization
occurred. Nevertheless, it is noted that a number of disputes remain with us to
this very day between Ashkenazi and Sepharadi communities.
          7. Use of the book by Geonim
In Babylonian Geonic responsa literature, a number of
disputes are addressed, but apparently not through direct exposure to the work.
It is more likely that the inquirers from the Land of Israel or North Africa
might have been motivated in their queries by exposure to concepts from the
work.
However, the later European collections of Geonic material did see fit to
gather material from this work into their nets. The collection known as Sha’are Tsedeq includes no fewer than eleven items culled from the
disputes.
In a few cases, items from the collection are attributed
to Babylonain Geonim themselves, but it is difficult to rely on any of these
attributions and most were clearly added by the later compiler.
          8. Use of the book
by Rabbinic legal authorities

Many of the great authorities were most probably unaware of the work as they
never cite it or it’s contents. Others who do cite it generally cite only
sections known to them through second or third-hand rabbinic sources.

Geographic location was clearly a major factor. In France and Provence use was
much more pronounced than in Spain. The work seems to have reached different
locations at different times. By the 14th century the work seems to
have been lost for the most part, as only citations from by previous
authorities are ever quoted.
One reason for the neglect of this work may have been
it’s brevity. [For example, the usual explanation for the grouping of the
twelve prophets in one scroll, and today in one volume, is so that the small
books would not become lost.] However, a more compelling reason appears to be
the negative impression that the work made on certain authorities, most
notably, Nahmanides, Ramban (Avodah Zara 35b). It was (correctly) perceived
that the work contains material which contradicts the Babylonian Talmud,
already considered supremely authoritative. Methods of study which stressed a
proper historical understanding of all legal points of view would become common
in rabbinic circles well before the modern period, but at the time they were
not yet developed. If an opinion could not be utilized for determining the
halakha, it was not deemed worthy of further inquiry. Nahmanides is the only
early Spanish sage who even mentions the work, so it is not at all surprising
that he considers it outside the pale of legal precedent.

Possibly, the Spanish Sages resisted the work as a result of the utility that
Karaites received from it and quoted from it. They may have suspected the work
of being a Karaite forgery.

In contrast, early Provencal authorities made ample use of the work. They
include: Rabbi Abraham ben Isaac of Narbonne (Eshkol), Rabbi Isaac ben
Abba Mari of Marseilles (Ittur), and Rabbi Abraham ben Nathan of Lunel (Manhig).
The textual versions cited by the Provencal sages are similar to those
found in the Geonic Responsa collections which appear to be most original.

Ashkenazi sages also utilized the work widely, but the stylized textual
citations indicate that they were generally quoting secondary and tertiary
rabbinic sources rather than the work directly. The sages include: Rabbi
Eliezer bar Nathan of Mainz (Ra’avan, Even Ha-Ezer), Ravya, Tosafot, Rabbi
Eliezer of Metz (Yereim), Sha’arei Dura, Machzor Vitry.

From the fourteenth century on mention and discussion of the work seems to
virtually disappear. A most notable exception is Rabbi Ashtori HaParḥi (Isaac
HaKohen ben Moses, 1280-1366) in his Kaftor w-Ferah, who traveled from
France to the Land of Israel, on which his work focuses. He cites the work
according to versions not attested to otherwise among French sages.
[Furthermore, he took an interest in expanding upon the principle of the work
as seen in the additions which Miller culled from it. See below after the main
body of the translation.]

Students of the Maharam of Rottenberg, such as Hagahot Maimoniot, Mordechai,
and Rabbenu Asher ben Yehiel (Rosh) mention the work haphazardly.
Other sages who cite the work include Rikanati, Tashbatz, Agur, Or Zarua, and
Shiltei Giborim. None of the early or later sages undertook an
elucidation of the entire work – they left this important work for us to do!
9. Use of the book by Karaites
Karaites took a much keener interest in the disputes than
Rabbanites. This is not at all surprising. The 
Rabbanites claimed to possess an
authoritative Talmudic tradition handed down from the earlier sages. Every
known dispute amongst the Talmudic sages themselves was utilized in order to
argue against these claims. From Beit Hillel and Beit Shammai to disputes
amongst the Babylonian Geonim themselves, the Karaites seized upon the disputes
between East and West eagerly.

The first Karaite sage to quote the work is Jacob Qirqisani (10th century). Since he cites the work in
an overtly apologetic manner (read: missionary), he was wont to exaggerate and
even forge sections of the work. Thus, it goes without saying that his work
cannot be utilized uncritically. Nevertheless, despite this cautionary note,
his early explanations can at times be very useful in understanding the nature
of the disputes themselves.
He explains his interest in the disputes very clearly.
According to him, the disputes between East and West were more extensive than
the disputes between the 
Rabbanites and the Karaites, but nevertheless, claims
of heresy were never leveled and a spirit of tolerance reigned between the
communities. So too, the Karaites should be accepted by the 
Rabbanites . This
stance led him to exaggerate at times the extent of the disputes which were
considered normative. Thus, even though the majority of the disputes concern
extra-legal customs, he would attempt to thrust them into the body of the legal
arena as exemplars of radical opinions. If at times he may have honestly
misunderstood the disputes, in some of them it appears that he was making a
cynical attempt misrepresent them and create confusion to advance his
rhetorical purposes.

One example which stands out is a dispute which Qirqisani appears to have
invented out of whole cloth, an out and our forgery not attested to in any
other versions of the work:
“People of Babylon do not permit one to betrothe a woman
with [the fruit of] the seventh year. People of the Land of Israel permit this.
Therefore, the betrothals of that year in the Land of Israel are not considered
by the Babylonians to effect marriage, and their children are not valid.”

[According to Mordekhai Akiva Friedman (Madaei HaYahadut 31), a maculation of taba’at
to shevi’it resulting from graphic similarity between the letters tet
and shin led item 25 to be misconstrued by Qirqisani in this manner. If
Lewin did not mention this possibility, at the very least, he noticed the
similarities and listed them together in his collection.]
From Qiqisani’s time on, Karaites have continued to
utilize the work in their own disputations with Rabbanites. As we saw earlier,
this may have led to the work’s falling out of favor among Rabbanites in
regions where Karaites were active.
          10. Scholars who have studied
the work

1.                   
Rabbi Abraham
ben Elijah of Vilna
, the son of the  GRA, in Rav
Pe’alim
2.     Dr. P. P. Frankl in Monatscrifft,
1871 (Heft 8), p. 352-363 (available through compactmemory)
3.                   
R. Yoel HaCohen
Miller, 1878
4.                   
A.
H. Weiss
, Dor
Dor v’Dorshav,
Additions to vol. 3, p.
285-
, 1883
5.                   
Rabbi Gershon Hanoch
Leiner, the Admor of Radzin
,
in his commentary to Orchot Hayyim, mentions that he has composed commentaries
on 50 disputes from the work. This has not been published and according to
Margulies may no longer be extant.
6.                   
R.
Yehudah Meshil HaKohen, Kneset
Hokhmei Israel 1, 60

and 91, 1893
7.                   
R.
Ezra Altshuler, Tosefta, 1899. According to Lewin and
Margulies, he plagiarized Miller (3 above) without mentioning him at all, even
copying his printing errors. Someone should do a study on this work and figure
out if the accusations are justified. Both Eliezer Brodt and I suspect that R.
Ezra did, in fact, add plenty of his own material and didn’t see anything wrong
with copying transcriptions from a previous edition. This version of the Hiluqim
has
been republished

with additional notes from the Aderes.
8.                   
R.
Hayyim Stahon, Eretz Hayyim, 1908
9.                   
R.
Ya’akov Shor, Ner
Ma’aravi  in HaMe’asef, 1910
[for a complete listing of
all issues containing this serial column, see Simha Emanuel’s index, entry 98]. These were
reprinted in כתבי וחדושי הגאון רבי יעקב שור זצ”ל.
10.               
R.
Dr. Benjamin Menashe Lewin, Otzar HaGeonim, [Otzar Hiluf Minhagim, 1942. Lewin’s edition was prepared
more or less simultaneously as Margulies’ edition. Forthcoming from R. Yosaif
Mordechai Dubovick

is a study on the various versions of Lewin’s publication.]
11.               
Dr.
Dov Revel, Horev
1,1
.
12.               
[After
over a Jubilee of reliance on the two critical editions of Marulies and Lewin,
without further critical study, Ze’ev Elkin re-opened the field with his
1997 Tarbiz article focusing on the earliest
manuscripts of the work, which are all of Karaite origin. He questioned several
of Margulies conjectures. Elkin later became a member of the Knesset.
13.               
R.
Dr. Uzi Fuchs, Netuim
2003
. An
examination of the Rothschild manuscript and its role in the development of the
various textual variants.]
Hillel Neuman in Ha-Ma’asim 2011 discusses several items from
this related work in passing. This is a new revised version of his 1987
master’s thesis

(Hebrew University).
Chapter 3          Textual
sources of the Book of Disputes, Printed Editions and Manuscripts
[This technical section has not been translated, except
for the last section, the text itself, found at the beginning of this article.
According to Elkin’s 1997 article the textual analysis may be in need of an
update and revision.]
Now that we are finished duscussing the Hiluqim, we can
return to the question about who Rabbi Benjamin Zev Singer was. Rabbi Singer
published Hamadrich, a Talmudic anthology, in collaboration with his brother, Rabbi Abraham Singer
of Varpalota in 1882 and Das Buch der Jubiläen (Die Leptogenesis) in 1898
as “Wilhelm Singer.” Also, Neue Lehrmethode
für den hebräischen Lese- und Sprachunerricht in der ersten Klas
in 1867, with an additional Hebrew subtitle, אור חדש. This is a slim German Sefer Mesores
for learning the Hebrew alphabet, davvening, handwriting, and selected phrases
in Judeo-German.Singer is identified as a hauptschullehrer, a
schoolteacher.
R. Daniel Sperber published a volume of Rabbi Singer’s
novella/hiddushim on Tractate Shabbat in 1986 and included a biography of him:
That biography is incorporated in a list
of his many unpublished Hebrew works
still in
manuscript which are housed in boxes at Bar Ilan. Apparently University of
Toronto houses manuscripts of his writing in German (maybe Hungarian, too, but
he wrote both of his books in German. I noticed that at least one of the items
Singer listed above (four mil) is apparently given fuller treatment in these
manuscripts. Given the sheer quantity of his output, I suspect that many more
items in the list are as well.
On the title page of the book, Singer lists a couple of
learned review articles in German of the Miller volume.  See it here:

One review appears in Graetz’s Monatsschrift,
1879, pp. 87-91 (Heinrich Graetz took over as editor after Zecharias Frankel);
the other is in Brüll’s Jahrbuecher,
vol. 4, pp. 169-173. (Both are available at www.compactmemory.de.)  A couple of
other articles are listed here as well, after the fact. At the top, the
aforementioned 1871 Monatsschrift article of Dr. P. P. Frankl (listed by
Marguleis), p. 357. At the bottom, an additional Brüll Jahrbuecher article
from the first volume of the series, p. 44, where Talmudic customs of the Galil
and Judah are discussed.

It is quite
interesting to see that the Rabbi Singer brothers, the authors of HaMadrich,
featuring haskamot of R. Yitzchak Elchanan Spector, the Netziv, and (over a
hundred!) gedolim, had an openness to modern scholarship which accommodated
Graetz and even Brüll, a reform rabbi who for a time headed the congregation in
Frankfurt opposite R. Shimshon Raphael Hirsch. This openness is also manifest
in the very existence of R. Singer’s volume on the book of Jubilees, Seforim
Hitzoni’im
.
Another point worth
mentioning is that HaMadrich is essentially a collection of chapters to
be learned by beginning and intermediate students all in one volume with an
eclectic running commentary. That work was briefly touched on in
this forum
previously, but it would be more
interesting to explore in greater detail exactly how eclectic it was once we
have a clearer picture of the depth of lomdus and of academic scholarship
displayed by the authors of this first “Artscroll.”
This “openness” of the Singer brothers did not appeal to
everyone. R.
Yehoshua Monsdhein’s article on HaMadrich
details the controversy surrounding the work. It is difficult
to piece together exactly to what extent the opposition was to any change
whatsoever in the education process, and to what extent it was towards
entrusting the enlightened Singer brothers to this task.
If it can be compared
were these haskamot procured (many of them probably after the controversy
already developed!) any more successful than the ones in Rabinowitz’s Dikdukei
Sofrim?
How many lomdim actually learned with HaMadrich? It was only
reprinted once and then again twenty years ago.
Back to the Hiluqim notes, It seems to me
that except for the first Monatsschrift 
review, the additional three references were added in pencil by
another hand, perhaps R. Singer’s brother R. Abraham, who worked closely with
him on HaMadrich.  But probably
not the other way around. I consulted with R.
Yechiel Goldhaber
– he thinks that these notes are
in the same style as the published hiddushim on Shabbat, and that seems quite
reasonable.
Thanks to Lucia
Raspe
for deciphering these journal references, and to Sara
Zfatman
for the assist.
Translator’s
note: Thanks to Avi Kessner for suggesting and sponsoring this project, also
for proofreading and valuable comments. I am indebted to Sander Kolatch and the
Kolatch Foundation for general assistance during the year. Eliezer Brodt
provided several useful references, without which this post would have been
much poorer. The Guetta, Jacobi, and Peled families who continue with their
unfailing support, especially my wife Dana, who makes it all possible. This translation
is dedicated to my father, Nathan ben Tzipporah, in the hope that he should
enjoy a complete and speedy recovery.



Taliban Women and More

Taliban Women and More

Marc B. Shapiro

1. In this post I am going to respond to a number of emails and requests to deal with certain topics. I can’t get to everything I was asked about, and will only touch on some topics, but here is a start.
Let’s begin with the common practice in the Israeli haredi world of ignoring what the Sages tell us in Kiddushin 29a and not teaching young men a trade so that instead they can devote themselves to Torah study.[1] People assume that this is a late twentieth-century phenomenon. While it is true that the numbers of people who currently follow this approach is much larger than ever before in history, it must be noted that even in previous years there were those who acted in the same fashion. We see this from R. Pinhas Horowitz’ strong words against this approach in his Sefer ha-Berit, vol. 2, ma’amar 12, ch. 10.
R. Meir Mazuz has recently suggested that this negative attitude towards work explains a passage in one of the most popular Shabbat zemirot.[2] The following lines appear in Mah Yedidot.

חפציך בו אסורים וגם לחשוב חשבונות, הרהורים מותרים ולשדך הבנות, ותינוק ללמדו ספר למנצח בנגינות
Artscroll, Family Zemiros, translates as follows:

Your mundane affairs are forbidden on it [Shabbat] and also to calculate accounts; Reflections are permitted and to arrange matches for maidens; To arrange for a child to be taught Scripture, to sing a song of praise.

(R. Jonathan Sacks, in his siddur, p. 388, translates the last words similarly: “singing songs of praise.”)
The first thing to note is that the translation is incorrect. The words למנצח בנגינות do not mean “to sing a song of praise”. The word למנצח is not an infinitive (that would be לנצח, patah under the nun). It is a noun with a prefix, and means “to the choirmaster” or something like that. Artscroll, in its Tanach (Ps. 6:1), translates למנצח בנגינות: “For the conductor, with the neginos.” The note tells us that neginos are a type of musical instrument.
I sympathize with Artscroll when confronted with the need to translate the words למנצח בנגינות in the song. It is obvious that the words make no sense. Until then the passage was speaking about what was permitted on the Sabbath and then you have למנצח בנגינות .
This is an old problem and while a couple of forced answers have been suggested, others have argued that what we have here a mistaken reading, and instead of למנצח בנגינות it should read וללמדו אומנות (perhaps even reading אומנות with a final holam in order to make it rhyme). The entire paragraph in Mah Yedidot is derived from Shabbat 150a, and there it states: משדכין על התינוקות ליארס בשבת ועל התינוק ללמדו ספר וללמדו אומנות. After seeing this, can anyone still have a doubt that the standard version is incorrect?

R. Mazuz is apparently unaware that others before him had already suggested that וללמדו אומנות was the original version,[3] but he is the only one to suggest why the text was changed. Although it strikes me as a bit far-fetched, he assumes that when people stopped teaching their sons a trade this verse became problematic, and therefore someone took it upon himself to alter the text.
After criticizing Artscroll’s translation (and in future posts I will have more such examples), let me now mention an instance where of all the translations I have consulted, only Artscroll gets it right.

Every Friday night we say the following (which is based on Isaiah 52:1):
התנערי מעפר קומי לבשי בגדי תפארתך עמי
Sacks translates: “Shake yourself off, arise from the dust! Put on your clothes of glory, My people.” All the translations I have consulted render along these lines. The problem, however, is obvious. If “My people” is being addressed, then why are the verbs and the suffix of תפארתך  feminine?
Artscroll recognized the problem and translates: “Shake off the dust – arise! Don your splendid clothes, My people.” The translation is explained in the note: “Jerusalem – your most splendid garment is Israel. Let the redemption come so that they may inhabit you in holiness once more.” In other words, Jerusalem is being addressed, not the people of Israel. “My people” is therefore identified metaphorically with “your splendid clothes.” The stanza thus needs to be read as a continuation of the prior stanza – מקדש מלך עיר מלוכה – which is also addressed to Jerusalem.
Furthermore, if you look at Isaiah 52:1, upon which the text is based, it reads: לבשי בגדי תפארתך ירושלים עיר הקודש  “Put on your beautiful garments, O Jerusalem, the holy city.” So we see that also in the original verse it is Jerusalem that is being addressed. Artscroll cites this interpretation in the name of Iyun Tefillah (found in Otzar ha-Tefilot) and refers to it as “novel”. This understanding (which is actually the peshat of the words) was also suggested by R. Kook[4] R. Baruch Epstein,[5] and R. David Hadad.[6] 
2. A long time ago I was asked to deal with the so-called Jewish Taliban women, who completely cover their faces when they go out. I know that everyone has downplayed their significance and referred to them as crazy. I think that this is too optimistic an assumption. Although I am not predicting it, I would not be surprised if this turned into a real phenomenon. All these women need is one somewhat respected Torah scholar to support them and they will then become just another faction in extremist Orthodoxy. You will then have groups that don’t allow women to drive (or smoke, or use a cellular phone, etc.), and another group that also requires that they cover their faces when they leave home. The real difference today is that while with the other groups we have men telling women how to behave for reasons of tzeniut, the Taliban group is completely female driven and led.

The truth of the matter is that the Taliban women make a certain amount of sense. They are part of a community that forbids women’s (and even little girl’s) pictures to appear in printed matter because seeing this might arouse sexual thoughts in men.[7] Even though these women never studied Talmud, we know that one doesn’t need to be talmid hakham to derive a basic kal va-homer. Even these uneducated women can conclude that if men’s souls can be destroyed by seeing a picture of a woman or a little girl, how much more so can they be driven to sexual frenzy by seeing a live woman or girl? As such, it makes perfect sense that when they go out on the street they are completely covered and only their husband and children are permitted see their faces.[8] It is their opponents in the haredi word who have to explain why it is permitted to see the faces of real live women but forbidden to see their pictures. It doesn’t make a lot of sense, as the Taliban women have rightly concluded.
I am sure that any rabbinic authorities that come to support the Taliban women will be able to find relevant sources to defend this lifestyle. I know this will surprise readers, especially as many rabbis have declared that the Taliban women are completely distorting Jewish rules of modesty. These rabbis have claimed that unlike Arabs, Jewish women have never dressed this way (unless they were forced to) as the face is not ervah. Therefore, these rabbis have asserted, Jewish tzeniut has never, has ve-shalom, seen it as a value for women to completely cover their faces.

Lines like this are good for applause in a Modern Orthodox (and even a haredi) shul, among people anxious to be reassured that these Taliban women couldn’t possibly have any sources in our tradition for their actions. The truth of the matter is that, whether we like it or not, there are sources that are strong supports for the Taliban women, and there is no reason to deny that they exist.[9] Sotah 10b is clearly praising Tamar when it mentions that she was so modest that she covered her face in her father-in-law’s house. R. Joseph Messas (Mayim Hayyim, vol. 2, Orah Hayyim no. 140) points out that Shabbat 6:6 refers to Arabian Jewish women going out veiled, which means that their entire face was covered except for their eyes. He also points to Shabbat 8:3: כחול כדי לכחול עין אחת, which as explained in the Talmud refers to those women who were so modest that they were completely veiled, with only one eye showing in order for them to see (see Rashi, ad loc. See also Rashi to Isaiah 3:19.) Messas tells us that in his youth he personally saw Jewish women who dressed like this: וכן ראינו בימי נעורנו. R. Meir Mazuz’s mother testified that brides in Djerba would only show one eye, also for reasons of modesty.[10]

Here we have evidence that the Taliban dress was actually a traditional Jewish dress, just the sort of material that can be used to support the new dress code. In fact, one doesn’t even need to look to Morocco or Djerba, or even to talmudic literature, to find sources that women dressed this way. It is found right in the Song of Songs 4:9. This verse states: “Thou has ravished my heart with one of thine eyes.” The Soncino translation explains: “It is customary for an Eastern woman to unveil one of her eyes when addressing someone.” In other words, normally, for reasons of modesty, the woman is entirely covered (although this covering would be see-through so she could walk properly), and only at certain times would she remove it to reveal one eye. I know some people are thinking that this is exactly the sort of explanation you can expect from Soncino, which loves to quote non-Orthodox and even non-Jewish commentators, and if you look at the various traditional commentaries they do indeed provide all sorts of allegorical meanings for this verse. Yet the Jerusalem Talmud, Shabbat 8:3, also understands the verse as giving an example of modest behavior on the part of the woman, that she only uncovers one eye. As explained by Korban ha-Edah:
מביא פסוק זה לראיה שדרך הצנועות לצאת באחת מעיניה מכוסה ואחת מגולה
(Korban ha-Edah and all the other traditional commentaries I have seen assume that the woman always goes with one eye uncovered, while Soncino explains that she only uncovers this one eye on special occasions.)
R. Baruch Epstein takes note of this passage in the Jerusalem Talmud in his commentary to Song of Songs, and adds.
לפנים בעת שהיו נוהגות הנשים ללכת עטופות היו מגלות רק עין אחת כדי לראות מהלכן, ומכאן רמז שמנהג כזה הוא מנהג כשר וצנוע, שהרי כן משבחה הכתוב שלבבתו בעין אחת.
If this practice is, as Epstein says, a מנהג כשר וצנוע, then I don’t think we should be surprised if some circles attempt to bring it back into style.
A few paragraphs above I quoted a responsum of R. Joseph Messas.[11] In this teshuvah he also explains why women can’t be given aliyotAs is well known, in earlier days this was permitted but the Sages later forbid it on account of kevod ha-tzibbur (Megillah 23a). There have been lots of interpretations of what kevod ha-tzibbur means, but Messas has a very original perspective. He claims that the reason women were banned from receiving aliyot is because this would lead to sexual arousal among the male congregants. Messas believes that this came from the actual experience of the Sages, who saw what happened when women received aliyot. He also assumes that these women would have been dressed in a Taliban-like fashion[12]: בהסתר פנים כמנהג נשים קדמוניות. But even such a woman, covered head to toe, still created problems with the sexually fixated men.[13]
ובדורות שאחריהם ראו שיש בזה מחשבת עריות, שהצבור היו שואלים זה לזה, מי זאת עולה . . . ואם היה קולה ערב מוסיף להבעיר אש היצר, ולכן עמדו ובטלו את הדבר.
Knowing how concerned the Sages were about avoiding situations that could lead to sexual thoughts, it makes sense that they would ban the practice if they thought that women’s aliyot would lead in this direction.[14] But Messas now has a problem, because the Talmud doesn’t give this as a reason for abolishing women’s aliyot. Instead, it states that they were abolished because of kevod ha-tzibbur. This leads Messas to offer one of the wonderfully original interpretations that can be found so often in his writings. He claims that because the Sages didn’t want to insult the (male) community by telling them the real reason why they abolished the aliyot, namely, that even during Torah reading men can’t control themselves from sexual thoughts, therefore they invented the concept of kevod ha-tzibbur! However, this is not the real reason, and therefore all attempts to explain the meaning of the term are irrelevant. The real reason is the male sexual desire which as Messas states, is always in need to being fenced in:[15]
וכדי שלא להראות את הצבור שחשדו אותם, תלו הטעם מפני כבוד הציבור, שלא תהא האשה הפטורה מן הדבר מתערבת עם האנשים המחוייבים בו וכן בכל דור היו גודרים גדרים בעריות
Based on this male weakness, Messas claims that the mehitzah has to be built in such a fashion that the men cannot see the women. He even has a most original way to explain to the women why they are placed in what amounts to a completely other room. Rather than being a sign of their insignificance, it is a sign of how important they are. The proof of this importance is that men are constantly drawn to look at them. Therefore, by building a high mehitzah we are able to save the men from themselves.
I haven’t yet mentioned the shawls that some women have started wearing (and which was the practice in the days of the Rambam; see Hilkhot Ishut 13:11) Most shawl-wearers are not so extreme as to completely cover their faces, and because of this the practice has been defended by some fairly mainstream people. According to R. Ovadiah Yosef’s son-in-law, R. Aharon Abutbol, and R. David Benizri, R. Ovadiah sees the practice in a positive light for those women who are able to take it on.[16] Among others who have spoken out in favor of the shawls are R. Yitzhak Ratsaby,[17] R. Avraham Baruch,[18] and R. Mendel Fuchs, a dayan for the Edah Haredit (who refers to the “heilige shawl”).[19] There is even a fairly recent book that discusses the matter in detail. It is Ahoti Kalah, by R. Avraham Arbel. Here is the title page.
Arbel is a great talmid hakham.[20] His book carries haskamot from mainstream figures, including R. Ovadiah, R. Neuwirth, and R. Nebenzahl. In the book, he explains the importance of the shawl, how women are not supposed to leave their home and if they must go out they should appear unattractive so that men are not drawn to them, and how it is absolutely forbidden for women to wear jewelry outside their home. (Recently, Arbel expanded the section of the book dealing with women’s tzeniut into a full-fledged book of its own.)

3. In the last post I quoted R. Kook’s comments about the holiness of the am ha’aretz. This is not a sentiment that has been widely shared among the rabbinic elite, and negative comments about the am ha’aretz abound in rabbinic literature from all eras. Most of these comments appear in non-halakhic contexts, but there are plenty that are found in classic halakhic works. See for example Shulhan Arukh, Yoreh Deah 198:48, where R. Moses Isserles states that if a woman coming home from the mikveh enounters a דבר טמא או גוי , if she is pious she will immerse again. This is obviously not so applicable today, as in any big city in the Diaspora, where people walk to the mikveh, it is impossible not to come across a non-Jew on the way home. The formulation of Rama was made in an era when Jews lived in their own quarters, and at night it wouldn’t be common to come into contact with non-Jews. On this halakhah, the Shakh quotes the Sha’arei Dura who expands the lists of things a woman hopes to avoid on the way home to include an am ha’aretz. (This formulation obviously troubled some, and Pithei Teshuvah quotes the opinion that only an am ha’aretz gamur is meant, i.e., one who doesn’t even recite keriat shema [due to his ignorance]. This definition of an am ha’aretz is found in Berakhot 47b and Sotah 22a. Examination of rabbinic literature shows that the term “am ha’aretz” has a variety of meaning, ranging from a simple ignoramus to one who is actually quite wicked and hates the Sages.)
Speaking of the am ha’aretz, here is something interesting, as it includes both a difficult comment of Rashi (actually, the commentary falsely attributed to Rashi) and what might be is an example of Artscroll purposely omitting mention of it because of how problematic it would be to explain. Nedarim 49a states: “Rav Judah said: The soft part of a pumpkin [should be eaten] with beet; the soft part of linseed is good with kutah. But this may not be told to the am ha’aretz.”
Why don’t we tell this to the am ha’aretz? Artscroll quotes the explanation of the Ran that if the boors knew about this, they would uproot the plants before they could be harvested. Tosafot claims that the ignoramuses won’t believe what we tell them and they will mock the teaching of the Sages. “Rashi” has a completely different explanation. He writes:
משום דדבר מעולה הוא לרפואה ואסור לומר להם שום דבר שיהנו ממנו
What this means is that we don’t let the am ha’aretz know about the medicinal property of this plant. In other words, we don’t want the am ha’aretz, even though he is another Jew, to benefit, and he is thus treated no differently than an idolater. (Tosafot cites this explanation and rejects it.) Even though “Rashi” is referring to a real am ha’aretz, as per the Talmud’s description in Berakhot 47b, it is still quite a shocking explanation. It is true that there is a passage in Pesahim 49b which states: “R. Eleazar said: An am ha’aretz, it is permitted to stab him [even] on the Day of Atonement which falls on the Sabbath . . . R. Samuel b. Nahmani said in R. Johanan’s name: One may tear an am ha’aretz like a fish.” Still, these passages are according to almost everyone not meant to be taken literally,[21] while “Rashi,” on the other hand, means exactly what he says.
[1] Many have discussed why Maimonides doesn’t explicitly record this halakhah in the Mishneh Torah. See the interesting approach of R. Hayyim Eleazar Shapira, Divrei Torah, Eighth Series, no. 18 (p. 974), which can be used to justify the Israeli haredi perspective.
[2] See Or Torah, Heshvan 5772, pp. 169-170. R. Mazuz’s own attitude towards yeshiva students preparing themselves to earn a living is seen in his haskamah to R. Hayyim Amsalem’s Gadol ha-Neheneh mi-Yegio. The book is available here.
Here is R. Mazuz’s haskamah.

Here is the letter of R. Mazuz that appears at the end of the volume.

There are numerous texts I could bring in opposition to the approach of Amsalem and Mazuz (which I believe is also the approach of the Sages). One noteworthy one is found in Ateret Menahem, p. 23a, where R. Menahem Mendel of Rimanov is quoted as follows:

אם א’ אומר לחתנו היושב ולומד תורה בהתמדה שיתחיל לעסוק במו”מ עבור כי איתא [אבות פ”ב מ”ב] יפה ת”ת עם דרך ארץ וכו’, זה הוא מערב רב חו”ש
[3] See e.g., Naftali ben Menahem, Zemirot shel Shabbat (Jerusalem, 1949), p. 134.
[4] See Zev Rabiner, Or Mufla, p. 92.
[5] Barukh She-Amar, p. 238.
[6] See R. Meir Mazuz, Darkhei ha-Iyun, pp. 127ff.
[7] Regarding not seeing women’s pictures, this position can also find sources to support it. R. Joseph Hayyim, Rav Berakhot, ma’arekhet tzadi (p. 137), writes quite strongly against women’s pictures, because men will come to look at them. Here is the page.

[8] For some, it is better if the women basically do not go out of the house at all at all. Such a position is held by R. Hayyim Rabbi, a mainstream Sephardic rabbi (who like all significant Sephardic rabbis, also has a website. See here).
Here is his haskamah to R. Hanan Aflalo’s, Asher Hanan, vol. 3, and see Aflalo’s response that a rabbi has to actually be part of a community and know its situation in order to properly decide matters for it.

While Aflalo’s reply is phrased very respectfully, his feeling that Rabbi is way off base comes through very clearly.

Rabbi’s position about a woman not leaving the house can find support in a variety of traditional texts (not least, the Rambam, Hilkhot Ishut 13:11). What makes it significant is that he offers this advice even today. While it is true that in the Islamic world Jewish women were more accustomed to stay inside than their co-religionists in Europe, we also find European rishonim who see this as something to strive for. See e.g.,, Radak to 2 Samuel 13:2: ודרך הבתולות בישראל להיות צנועות בבית ולא תצאנה החוצה. See also Rashi, Deut. 22:23: פרצה קוראה לגנב הא אלו ישבה בביתה לא אירע לה. For other relevant sources, see R. Mazuz’s comment in R. Raphael Kadir Tzaban, Nefesh Hayah, vol. 2, p. 267.
I was surprised to find that the Moroccan R. Raphael Ankawa, in the twentieth century, ruled that a husband could forbid his wife from leaving the house without his permission. If she didn’t listen, she would lose her ketubah. See Toafot Re’em, no. 3. In a letter of support for Ankawa by R. Shlomo Ibn Danan and R. Mattityahu Serero they go so far as to state that if the woman doesn’t go along with the husband’s command and take an oath binding herself in this matter, the husband can, if he wishes, refuse to divorce her and she will remain an “agunah” her entire life without any financial support from him! He, of course, will be given permission to remarry.
ואם לא ירצה לגרשה תשב עד שתלבין ראשה ונותנין לו רשות לישא אשה אחרת אחר ההתראות הראויות והיא אבדה כתוב’ ואין לה לא מזונות ולא פרנסה ולא שום תנאי מתנאי הכתובה.
(As late as 1965, another Moroccan posek, R. Yedidyah Monsenego, ruled that where the husband had reason to suspect his wife of being unfaithful, he could require her to never leave home without him, even to visit relatives, except when she had to go to work. See Peat ha-Yam, no. 24)
All I can say is that contemporary women should be thankful that the RCA beit din and many of the rabbinic courts in the State of Israel have realized that in modern times men and women must be treated equally in the divorce proceedings, and women can no longer be held prisoner in a dead marriage as was often the case in earlier times. With this in mind, let me remind people that in an earlier post, available here, I wrote as follows:
R. Hayyim Benveniste, Keneset ha-Gedolah, Even ha-Ezer 154, Hagahot Beit Yosef no. 59, in discussing when we can force a husband to give a divorce, writes:
ובעל משפט צדק ח”א סי’ נ”ט כתב דאפי’ רודף אחריה בסכין להכותה אין כופין אותו לגרש ואפי’ לו’ לו שחייב להוציא.
Can anyone imagine a posek, from even the most right-wing community, advocating such a viewpoint? I assume the logic behind this position is that even if the man is running after her with the knife, we don’t assume that he will actually kill her. He must just be doing it to scare her, and that is not enough of a reason to force him to divorce her. And if we are wrong, and he really does kill her? I guess the reply would be that this isn’t anything we could have anticipated even if we saw the knife in his hand, sort of like all those who have let pedophiles run loose in the yeshivot, presumably on the assumption that just because a man abused children in the past, that doesn’t mean that he will continue to do so.
(I will return to the issue of sexual abuse in a future post, because readers might recall that I expressed doubt that any rabbis would ever join the Agudah’s proposed rabbinic panel to determine if an accusation warranted going to the police. See here. The Agudah has just acknowledged that it was impossible to form such a panel precisely because of the legal jeopardy it would place the rabbis in. See here. Since it looks like all the public pressure will lead to clergy being made mandated reporters, it will be interesting to see what the Agudah response will then be. Will they instruct their followers to follow the law or expect them to go to jail in order to avoid mesirah?)
Regarding Aflalo’s point mentioned earlier in this note that a rabbi has to know the situation of a community, I recently found a very interesting comment by R. Levi Yitzhak of Berdichev, Kedushat Levi ha-Shalem (Jerusalem, 1958), Likutim, pp. 316-317. He asks why we say תשבי יתרץ קושיות ואבעיות, that in Messianic days Elijah will answer all problems. Since Moses will be resurrected, and he is the giver of the Torah, why don’t we say that he will provide the answers? R. Levi Yitzhak explains that only one who is living in this world knows what the situation is and how the halakhah should be decided. This is not the case with one who is dead and has lost his worldly connection. This explains why Elijah will provide all the answers, as he never died and was always part of the world. Therefore, unlike Moses, Elijah is the one qualified to decide matters affecting us. The lesson here is obvious, especially for those who think that every issue must be decided in Israel by authorities who really have really no conception of how American Jews live.

[9] I can’t tell you how often I have been with people (usually at Shabbat meals) who go on about how backwards the Muslims are, the proof being how they treat their women. This is usually contrasted to Judaism, which puts women on a pedestal. As an example of this “backwardness” people have pointed out that in Saudi Arabia (which is only one Muslim country, mind you), women are not even permitted to drive. I never have the heart to point out that there are hasidic sects, less than an hour away from where we are, that also don’t allow women to drive.
[10] See Ma’amar Esther, printed together with Va-Ya’an Shmuel (n.p., 2001), vol. 4, p. 19 (third numbering).
[11] Messas’ responsum is analyzed by Avinoam Rosenack, “Dignity of the Congregation” as a Defense Mechanism: A Halakhic Ruling by Rabbi Joseph Messas,” Nashim 13 (2007), pp. 183-206. On p. 201 n. 41, he provides references to scholarly literature that discusses medieval Jewish women’s adoption of Muslim modes of dress.
[12] Contrary to what Messas assumes, as far as I know there is absolutely no evidence that Jewish women generally dressed like this in the Rabbinic period. The fact that the Mishnah specifies the Arabian Jewish women shows that only one specific group dressed this way.
[13] Since he mentions women’s voices, let me return briefly to my second to last post which dealt with kol isha. I neglected to note the pesak of R. Abraham Yaffe-Schlesinger, Be’er Sarim, vol. 2, no. 54, who sees it as obvious that a woman is permitted to sing in front of non-Jews.
In the post, I mentioned three Modern Orthodox high schools that allow young women to sing solos. I was informed that the North Shore Hebrew Academy also has to be added to this list. See here.
My correspondent further wrote: “I wanted to let you know that the son of Rabbi _____ (former president of the RCA [name deleted by MS]) told me that his father used to go to see Broadway shows based on the Psak of the Rav, who felt that if you couldn’t totally make out the face of the female singer it would be permitted.”
One of the commenters on the post called attention to R. Yehudah Herzl Henkin, Bnei Vanim, vol. 4, no. 7. In this responsum, he says a couple of things very relevant to the post. To begin with, he writes that it is permitted to listen to the singing of a single woman if this is something that you are used it, and it will not be sexually arousing.
לע”ד מדינא מותר לשמוע קול שיר של בתולות אם רגיל בקולן שאז שמיעתן זהה לראיית שערן
This is the same viewpoint I quoted from R. Jacob Pardo, who distinguishes between married women, whose singing is always forbidden, and single women whose singing is only forbidden if it is sensual song. Also noteworthy is that R. Henkin rejects the viewpoint found in various aharonim that a post-pubescent female (i.e., niddah) has the same status as a married woman, and her singing is therefore forbidden:
וכיון שנהגו להקל בשערן של בתולות ולא חלקו בין נדות לטהורות הוא הדין בקולן, כל שהוא רגיל בו ואינו מהרהר.
He concludes his responsum by stating that if the song is not sensual, and the woman’s voice is heard on the radio or out of a loudspeaker, since this is not really “her” voice it is permissible to listen. What this apparently means is that any time a woman sings into a microphone, it is permissible to listen to her (assuming her very appearance is not arousing). This basically gets rid of the entire kol isha prohibition in our time (when the songs aren’t sensual), since today every event with a woman singer uses a microphone. Based on R. Henkin’s responsum, all Modern Orthodox high schools could once more return to having young women sing solos (even though I am certain that this is not his intention).. Here is his conclusion (emphasis added):
ולא מפני שאנו מדמים נעשה מעשה להתיר לכתחילה לשמוע קול אשה המזמרת לפננו לבדה, אבל בשירה ברדיו או דרך רמקול וכו’ שעל פי דין אינה קולה ממש ובצירוף עוד טעמים [ראה להלן מאמר כ’] ובתנאי שהשירה אינה של עגבים נראה פשוט להקל.
In Bnei Vanim, vol. 2, p. 211, he quotes his grandfather as even permitting watching a woman sing on the television, because again, the voice is not her actual voice. He also notes that his grandfather later expressed doubt on this point.
שמעתי מפיו הקדוש שקול אשה על הרדיו אינו נקרא קול אשה ומותר לשמעו [בפעם הראשונה ששאלתי אותו על זה אמר בפירוש שגם בטלביזיה אינו נקרא קול אשה ומותר לשמעו, אבל כשחזרתי ושאלתי אותו על זה אחרי זמן לא היה ברור אצלו – ואולי מפני חולשתו]

In vol. 4, p. 30, he refers to a woman singing the national anthem, which based on his argumentation would, I think, be quite easy to permit, even watching on television. As he notes, this is not the sort of song that arouses sexual thoughts:
ורבים מקילים לשמוע קול שיר של אשה ברדיו כשהיא אינה לפניהם, ואינה שרה שירי עגבים אלא שירי מולדת וכיוצא באלה ורחוק שיהרהרו בה ואינו תלוי באם מכירה או לא.
I would also like to share an email I received from Benny Hutman which relates to R. Moshe Feinstein’s opinion. In my post I called attention to a responsum of R. Moshe Feinstein which I claimed cast doubt on R. Mordechai Tendler’s assertion that according to R. Moshe kol isha is entirely situational and depends on whether or not someone is aroused.
Benny writes:

It seems to me that R’ Moshe must hold that the prohibition on Kol Isha depends on whether a person is used to hearing women sing. R’ Moshe holds like the Aruch Hashulchan that nowadays one can say Shema in front of a woman with uncovered hair because the reality is that we are constantly confronted with such hair and therefore it is no longer arousing. For this to make sense we need to understand the Gemara in Berachos when it says “sear b’isha erva” to mean that hair could be ervah, meaning I would have thought that ervah by definition could only refer to parts of her body, ka mashma lan that hair despite not being skin can be ervah. However it won’t actually be ervah unless it is normally covered. Since the language of the Gemara is exactly the same (as is the source) it follows that the gemara means that Kol Isha could be ervah despite not physically being attached to the body at all. However, just as R’Moshe says that our constant exposure to uncovered hair makes sear no longer be ervah, the same logic dictates that if someone has been listening to women sing all his life kol isha will not be ervah. Arguably it can also be situational so that if someone has been going to the opera all his life such singing will not be kol isha, but pop music will be. It seems to me that this heter should apply to almost all Modern Orthodox men. This would explain how Rabbi Tendler could say that R’ Moshe held that the prohibition is situational despite R’ Moshe’s tshuva apparently holding it is forbidden. It depends on who is asking the question and the time, place and manner of the singing.

Finally, R. Hayyim Amsalem, in his recently published Derekh Hayyim, p. 45, states that it is a well known fact that great Torah scholars and chief rabbis have in the past been present at various official events that included women singing, and they did not walk out. As he explains:
הם ידעו לחשב שכר “מצוה” כנגד הפסדה, ושגדול כבוד הבריות שדוחה לא תעשה שבתורה (ברכות דף יט ע”ב), שלא לדבר על העלבת פנים העלולה להגרם, והרי המלבין פני חברו ברבים אין לו חלק לעוה”ב (בבא מציעא דף נט ע”א), יתכן וכשהיו יכולים להשתמט מלהופיע בטקס כזה שידעו מראש שיכלול גם שירת נשים היו נמנעים מלהופיע, אבל היכן שההכרח אלצם להשתתף הרי שמעולם לא נשמע רינון אחריהם על השתתפותם, או על העלבת המעמד ביציאה פומבית.
[14] Rosenack writes (“Dignity”, p. 190): “Messas’s remarks allow the inference that he knew of an ancient tradition—either from the days of his own ancestors, or from the time of the talmudic sages—of women going up to the Torah, before the institution of the [talmudic] prohibition discussed here.” This is incorrect. What Messas is doing in this responsum is describing what he imagines the situation was like in the era that women received aliyot, and why this was later prohibited. There is not even the hint that he knew of any ancient tradition in this regard, and he certainly did not.
In terms of women’s aliyot, in my post here I called attention to R. Samuel Portaleone’s opinion that in theory it is permitted to give a woman an aliyah in a private synagogue. Without knowing of Portaleone’s view, R. Yehuda Herzl Henkin concluded that ”if done without fanfare, an occasional aliyyah by a woman in a private minyan of men held on Shabbat in a home and not in a synagogue sanctuary or hall can perhaps be countenanced or at least overlooked.” “Qeriat Ha-Torah by Women: Where We Stand Today,” Edah Journal 1:2 (5761), p. 6. (Henkin also assumes that women’s aliyot on Simhat Torah are permissible.) There is another source in this regard that has been overlooked by those arguing for women’s aliyot in so-called partnership minyanim (I hate this term!). R. Moses Salmon, Netiv Moshe (Vienna, 1899), p. 24 n. 112, sees no problem with women getting aliyot today. As mentioned already, women are denied aliyot because of kevod ha-tzibur. Yet according to Salmon, since today men who get aliyot no longer read from the Torah, kevod ha-tzibur is no longer a concern. This was all theoretical for Salmon, as no one in his Hungarian town was dreaming of calling women up to the Torah, but from the standpoint of pure halakhah, he saw no objection. He also claims that according to Maimonides, women can be counted in a minyan. See ibid., n. 111. Here is the page from Salmon.
[15] The same approach is adopted by R. Matzliah Mazuz, Ish Matzliah, vol. 1 no. 10. He writes:
לע”ד כבוד ציבור דהתם, אינו כפשוטו, אלא לישנא מעליא, ועיקר הכוונה כאותה ששנינו בסוכה דנ”א תיקון גדול

[16] See here and here.
[17] See here and here. See also his Shulhan Arukh ha-Mekutzar, vol. 6, pp. 246ff., and here for a placard signed by some leading Sephardic rabbis.
[18] See here. He thinks that a woman who refuses to say good morning to her male neighbor is demonstrating proper tzeniut.
[19] See here.
[20] Incidentally, in no. 328:2, he states that there is no longer a problem taking medicine on Shabbat, since people today do not grind their own medicine.

  • [21] See the numerous explanations of these passages in R. Moshe Zuriel, Leket Perushei Aggadah, ad loc. Tosafot, ad loc., quotes one opinion that does take the passage literally, but this opinion assumes that the am ha’aretz spoken of is a violent person suspected of murder



Towards a Bibliography of seforim related to Shavous and Megilas Rus (new and old)


Towards a Bibliography of seforim related to Shavous and Megilas Rus (new and old)

By Eliezer Brodt

In this post I intend to start a list towards a more complete bibliography to the various seforim (new and old) and articles related to Shavous. I hope to update it much more in the future as my computer (with all my information just died).

When learning the Halachos of Shavous, one is struck how the Tur does not mention anything special for Shavous except for instructions related to davening and Keriyas Hatorah. The only custom he mentions that is unique to Shavous is saying Azharot. Rabbi Yosef Caro in both of his works, Beis Yosef and Shulchan Aruch pretty much follows in this path. In the Codes is not until the Rema that some of the famous customs related to this Yom Tov are brought down, such as the custom of placing flowers in shuls and houses, the custom of eating Milchigs and eating special lechem to remember the Shtei Halechem. Only afterwards through the writings of the Matteh Moshe, Knesses Hagedolah and especially the Magen Avraham are the other customs related to this Yom Tov brought forward, among  them, when exactly is one supposed to daven Maariv Shavous night, staying up the whole night learning, saying Akdamus, using a special Trope when leining the Aseres Hadibros,and leining Megilas Rus[1].

The first work worth mentioning, as its one of my all time favorites, is Rav Zevin’s Moadim Be-halacha. In this work he has four pieces, none of which needs my approval ! – related to Shavous. He has a general piece, one related to various issues about the Shtei Halechem, another related to Megilas Rus and one related to various aspects of Aseres Hadibros.

Regarding general aspects of Aseres Hadibros one should see the collection of articles in the volume called
Aseres  Hadibros
edited by B. Segal (Magnes Press, 1986) and the work
Aseres  Hadibros Ve-keriyas Shema
from Moshe Weinfeld (2001).

For a discussion of the special Trope used when leining the 
Aseres  Hadibros see the article from Amnon Shiloah in the volume
Aseres  Hadibros
edited by B. Segal. See also Rabbi Dovid Yitzchaki in the back of his edition of Luach Eresh pp. 524- 540; the series of articles of Y. Laufer (available here, here and here) [special thanks to my good friend Mr. Yisroel Israel for bringing this to my attention]; this article from Y. Ofer.

For discussion of the custom to stand during the leining of 
Aseres  Hadibros see this earlier post by Dan Rabinowitz available here and especially the sources listed at the end. To add to the usage of the Teshuvos Harambam mentioned there, see Rav Zevin, Moadim Be-halacha, p. 389-390. See also what I mention here, and also Rabbi Oberlander, Minhag Avosenu Beyadenu, pp.605-622.

Regarding Shtei Halechem see the excellent work Birchat Haaretz from Rabbi Y. Mashbaum available here.

Regarding the time when to daven Maariv Shavous night see Rabbi Binyomin Hamburger, Shorshei Minhag Ashkenaz, 4:344-369.

Regarding staying up Shavous night, see R. Hamburger, Shorshei Minhag Ashkenaz, 3:268-364, where he traces this minhag and deals with, at great length, the minhag of saying Tikun. See also Professor Moshe Chalamish, Ha-Kabalah, pp. 595- 612. See also J.D. Wilhelm, “Sidrei Tikkunim,” in Alei Ayin: Essays Presented to Salman Schocken (Jerusalem: Schocken 1948-1952), pp. 125-146, (Hebrew). Of course I must mention my good friend Menachem Butler’s favorite article relating to all this, Elliott Horowitz, “Coffee, Coffeehouses, and the Nocturnal Rituals of Early Modern Jewry,” AJS Review 14:1 (Spring 1989) pp. 17-46. For other Halachic issues related to staying up all night see the recent work, Ha-niyur Kol Ha-laylah.

Regarding saying Akdamot see this earlier post from Dan Rabinowitz available here. See also Rabbi Dovid Yitzchaki in the back of his edition of Luach Eresh, pp. 541-542. See also Jeffrey Hoffman, “Akdamut: History, Folklore, and Meaning,” Jewish Quarterly Review 99:2 (Spring 2009) pp. 161-183.

Regarding the custom of saying Azharot on Shavous see what I wrote here. I hope to update this post in the near future. Meanwhile, see what I wrote in Yeshurun 25:447-449.

Another area worth learning about is Bikurim. For this I recommend the volume of the Safrai Family from their series of Mishnas Eretz Yisrael.

Regarding the custom of placing flowers in Shul and at home, see the works of Rabbi Oberlander, Minhag Avosenu Beyadenu, pp. 573-604 and the collections of material found in Moadim Li-simcha and Pardes Eliezer.

Regarding the custom of eating Dairy on Shavous, much has been written. See the works of Rabbi Oberlander, Minhag Avosenu Beyadenu, pp. 623-647 and the collections of material found in Moadim Li-simcha and Pardes Eliezer. Recently Rabbi Moshe Dinin collected 160 reasons (!) for this custom in  Kuntres Matamei Moshe (2008). Even more recently Rabbi Yosef Ohev Zion printed a work called Yoma De-atzartah (2009) [thanks to Yissochor Hoffman for bringing this work to my attention]. For important discussion related to this topic see the articles of my friend Rabbi Yehudah Spitz available here and here.

Related to this one should read the great article by Aviad A. Stollman, “Halakhic Development as a Fusion of Hermeneutical Horizons: The Case of the Waiting Period Between Meat and Dairy,” AJS Review 28:2 (November 2005) pp. 1-30 (Hebrew) [expanded from his M.A. on Perek Kol Habassar.

Another custom that originally took place on Shavous was when a child turned three they used to conduct a special seder with eating cakes and reciting various pesukim and the like. This custom was dealt with by many; for a recent discussion of this topic, including sources, see my article in Yerushasenu 5 (2011), pp. 337-360. [A PDF is available upon request].

Another issue of interest worth mentioning related to Shavous is the plagiarism of the highly controversial Sefer Chemdas Yamim discussed many times on this blog (see here). Isaiah Tishbi in his various essays where he proves the plagiarism’s of the Chemdas uses many different topics related to Shavous. See the collection of his articles Chikrei Kabbalah Veshiluchoseh pp. 374-376 (regarding when to daven Maariv), 382-383 (which day was Matan Torah), pp. 389-391 (regarding standing during Aseret hadibrot), pp. 391-393 (regarding the Maggid visiting the Beis Yosef on Shavous night) and pp. 340-341 (regarding eating meat after milk).

Here is a listing of some general works related to Shavous that deal with many of the above aspects and more:

א. ר’ שלמה קלוגר, קהלת יעקב, ירושלים תשס”ו, תמז עמודים.

ב. ר’ פנחס שווארטץ, מנחה חדשה, תרצ”ז, נו עמודים.

ג. ר’ יצחק ווייס, בינה לעתים, בני ברק תשסד.

ד. ר’ שריה דבליצקי, קיצור הלכות מועדים, תשס”ו, פב עמודים.

ה. ר’ אבוגדר נבנצל, ירושלים במועדיה.

ו. ר’ עובדיה יוסף, חזון עובדיה, יום טוב, ירושלים תשס”ג.

ז. ר’ אהרן מיאסניק, מנחת אהרן, ירושלים תשס”ח, רצב עמודים.

ח. ר’ גדליה אבערלאנדער, מנהג אבותינו בידינו, מאנסי תשס”ו.

ט. פרדס אליעזר.

י. ר’ טוביה פריינד, מועדים לשמחה, ירושלים תשס”ח.

יא. ר’ יצחק טעסלער, פניני המנהג, מונסי תשס”ח, תצב עמודים, ספר זה כולל אלפי מקורות וס”ד פרקים על עניני החג.

יב. ר’ יוסף חיים אוהב ציון, יומא דעצרתא, ירושלים תשס”ח.

Over the centuries numerous works have been written explain this Megilah. Just to mention a few: until last year the best collection of Rishonim was in the Toras Chaim edition printed by Mossad Rav Kook. This edition has the commentaries of nine Rishonim printed based on manuscripts.

A few year ago the Even Yisrael company printed a nicely done edition which had a few Rishonim and Achronim. But I cannot offer an opinion if it does not have mistakes and the like. More recently they reprinted this, adding many more Rishonim and Achronim. If one is interested in buying any one volume related to Rus this is the best to buy for your money, as you get a bunch of commentaries all in one volume.

Another work worth mentioning is called Tosfos Haslem this is a collection from many different manuscripts of the Baalei Hatosfos on the Megilah.

Another work on Rus worth mentioning is the Shoresh Yeshai from Rabbi Shlomo Alkabetz. There are many editions of this work, but I recommend the one printed a few years ago edited by Rabbi Shmuel Askhkenazi, as it includes a very good introduction, many notes and some very useful indices.

Another beautiful work on Rus worth learning through is the Meshivos Nefesh from the Bach. This perush goes through everything related to the megilah very thoroughly. He also wrote a work on Rashi called Be’er Mayim. This work was printed many times.

Another work is the Torah Sheleimah continuing in the path of Rabbi Menachem Kasher’s Torah Sheleimah on the Torah, collecting the many Midrashim on the Megilah. However the great notes of Rav Kasher are definitely missed by many.

Another work I enjoyed on Rus was from Rabbi Yosef Zechariah Stern – one of my favorite Gedolim – his bekius here is simply remarkable (as it is in all his other works).

Another collection of useful works on Megilas Rus was printed a few years ago by my good friend Rabbi Moshe Hubner. The title of the volume is Uryan Toilessyah (314 pp.). This volume contains four works, the first being his own called Uryan Toilessyah. The style of this work is to deal with many of the issues that come up while learning the Megilah.The questions and answers are based on a very wide range of sources. He also includes many nice ideas of his own to various problems. It is very organized clear and to the point. He also printed three other earlier works, the first being Invei Hagefen first printed in 1863, the second being Rishon Mekor Hachaim first printed in 1697. He also reprinted some Teshuvos and articles related to Shavous from his grandfather Rabbi Shmuel Hubner, author of the Nimukei Shmuel. [A few copies of this work are still available; email me for more details].

This year a few more important works related to Megilas Rus were just printed. First worth mentioning is the Mikraot Gedolot Haketer from Bar Ilan. This series began a few years back and has fallen asleep for awhile. Last week the project “woke up” and five volumes were released in the small size. The point of this series is to offer the most accurate texts of various Rishonim on Tanach based on all the manuscripts.

Another excellent work just printed is the Eshkol Hakofer from Rabbi Avraham Sbba, author of the Tzeror Hamor (259 pp.). This work had been printed many years ago based on one manuscript but this edition is printed based on numerous manuscripts and contains many pieces not found in the printed edition. This work is simply beautifully done, with a nice introduction and many useful notes.

Another great work that just was printed for the first time was the Toldos Shlomo by  Rabbi Shlomo Kluger (436 pp.).

Another new work on Megilas Rus is called Megilas Rus Im Otzros Hameforshim (482 pp.) This work contains a few sections the first part contains separate extensive perushim on Targum, Rashi, Rav Yosef Kara and Ibn Ezra’s perushim. Besides for this, it contains an extensive peuish on the Megilah. Another section has in-depth lengthy discussions on various topics related to the Megilah, Rus and David Hamelech. As the bibliography at the end of the sefer shows it is based on many seforim.

Another work worth mentioning is the Ke-Motzo Shalal Rav on Rus and Shavuos. This work continues in the path of Rabbi Rosenthal’s earlier works on chumash and Yomim Tovim with the same name, collecting and presenting nice material, written clearly, and easy to understand related to Rus and Shavous from famous and less famous works.

Regarding whether or not to stand for the recitation of the Aseres Hadibros, see here. Thanks thanks for Yissachar Hoffman for sending me this. In the work Shiurei Rav Elyashiv on Berachos (p. 93) it says that he says its assur to stand based on this teshuvah of the Rambam. I will add that I davened for many years at Rav Elyashiv’s minyan on shabbos. I always wanted to see if he would sit or stand but he almost always got that aliya – until one time he did not and I was able to see that he indeed stayed seated!

[i] The Rema mentions this minhag earlier (490:9) but not in hilchos Shavous.




Summary of Jordan Penkower on reading Zekher or Zeikher Amalek

Summary of Jordan Penkower on reading Zekher or Zeikher Amalek

This post originally appeared here. It is a summary of Prof. Jordan Penkower’s Minhag u-Mesorah: ‘Z-kh-r Amalek’ be-hamesh o be-shesh nekudot by his student Yosef Peretz. It appears here with permission, with some additions by the Seforim Blog editor.

It is common practice in most Ashkenazi congregations to read the words z-kh-r Amalek, in Deut. 25:19, twice: once with a tzere under the zayin (zeikher) and once with a segol (zekher). Sephardic congregations, however, who do not distinguish between the pronunciation of these two vowels, read it only once, and they point it with a tzere. What is the origin of this practice, when did it begin, and is this double reading necessary to fulfill the command of reading these verses of Parshat Zakhor, the special reading on the Sabbath before Purim? These questions are discussed in several articles by R. Mordechai Breuer and Dr. J. Penkower,[1] two of the most eminent among contemporary scholars of the masorah and Biblical text. In their opinion, zeikher with a tzere is beyond a shadow of doubt the original and correct pointing of the text; and that is how the verse should be read in Parshat Zakhor. It must be stressed that the custom itself of a double reading is quite surprising and completely unique in Torah reading, for it was customary to decide in favor of one reading or another whenever there was a conflict between variant readings, pointing of vowels, or assignment of cantillation marks (as in cases of kri and ktiv, where a word is written one way but read another). R. David Kimhi, in his Sefer ha-Shorashim (in the manuscript versions), was the first to note the discrepancies regarding the pointing of these vowels in Sephardic biblical manuscripts. Under the root z-kh-r he says: “‘blot out the memory (zekher) of Amalek’ (Deut. 25:19), with six dots (i.e., segol twice), but ‘praise [in remembrance of (le-zekher)] His holy name’ (Ps. 30:5), with five dots (i.e., a tzere and a segol), and this occurs nowhere else; thus it appears in some books [i.e. manuscripts of the bible containing the Masorah]. But in others, z-kh-r is always pointed with five dots.” In other words, Radak noted that in some books he found z-kh-r pointed with segol and in others, with tzere. In printed editions of Sefer ha-Shorashim, however, beginning with the Venice edition and carrying through the 19th century, Radak’s remark concludes with the words “and this occurs nowhere else.” In other words, he found zekher in Parshat Zakhor always pointed with double segol.[2]
Here is a typical example in a manuscript (from 1481):
And here is the Venice edition:Here is the manuscript text restored in Biesenthal and Lebrecht’s Berlin 1847 edition:
Various prayer books and Pentateuchs published in the 16th, 17th and early 18th centuries were redacted according to Radak’s remark as it appears in these printed editions; for example, the siddur of R. Shabtai Sofer (in the word zekher in the Ashrei prayer and in the prayers on the eve of the New Year), and Meor Einayim, the Pentateuch published by R. Wolf Heidenheim.*
The Basel 1579 Seder Tefillot Mi-kol Ha-shanah (Ashkenaz):
The manuscript of R. Shabtai’s siddur:
In 1832, about fifteen years after publication of Heidenheim’s edition, a book by R. Issachar Baer appeared, entitled Ma`aseh Rav, containing a description of the practices of the Vilna Gaon. The author mentions that the Gaon’s disciples disagreed over the way their teacher used to read the word zekher in Parshat Zakhor. The author attested as follows: “When he would read Parshat Zakhor, he would say zekher, with a segol under the letter zayin. R. Hayyim of Volozhin, however, whose endorsement is on the book, wrote there, `As for his writing that in Parshat Zakhor one should read [z-kh-r] with six dots, I heard from the saintly person [i.e., the Gaon of Vilna] that he read with five dots (=zeikher).’ I do not know whether those hearing him were mistaken, and thought they heard segol twice, or whether he changed his practice in his later years.”
Here is the text, with the footnote referring to R. Hayyim of Volozhin’s testimony:

Here is R. Hayyim’s testimony in his approbation at the beginning of this work:

Approximately eighty years later, R. Israel Meir Ha-Cohen, otherwise known as the Hafetz Hayyim, came out with his Mishnah Berurah on the Shulhan Arukh. Since the special reading of Parshat Zakhor is a command from the Torah, and there was some doubt as to the correct reading, he ruled that the words z-kh-r Amalek should be read twice. In his own words, “Some people say it should be read as zeekher Amalek (Deut. 25:19) with a tzere, and others say that it should be read as zekher Amalek with a segol; therefore the correct practice is to read both ways, to satisfy them both” (Mishnah Berurah 685.18). Later, a variety of customs emerged in this regard. Some readers only repeat the two words, z-kh-r Amalek, while others repeat the entire phrase, timhe et z-kh-r Amalek, and still others repeat the entire verse.[3]
Here is the Mishnah Berurah:
As mentioned above, Rabbi Breuer and Dr. Penkower note that the correct pointing of z-kh-r is with a tzere and the custom of double reading is unfounded. This follows from the arguments they cite from the masorah, from the ancient and highly precise Tiberian manuscripts and teachings of the Masoretes. R. Jedidiah Solomon Norzi, a seventeenth century masoretic scholar, held to be the final arbiter on the text of the Bible,[4] wrote a work entitled Minhat Shai, in which he remarks on inaccuracies that entered all the books of the Bible in the 1547-1548 Venice edition of Mikraot Gedolot and other editions published around then.[5] He says nothing about zekher ,which is pointed with a tzere followed by segol, from which it follows that he agreed with this pointing and had no doubts about it being correct.[6]
Minhat Shai from the first edition (Mantua 1742-4):

The most conclusive proof is found in ancient manuscripts, dating to the time of the masorah, and held to be very precise in their pointing and cantillation marks: the Leningrad manuscript (known as B19),[7] the Sassoon 1053 manuscript and others. All point z-kh-r with a tzere under the zayin.[8]
Leningrad manuscript:
Today we have in our hands a famous ancient manuscript, the Keter Aram-Tzova,[9] the most ancient and best authorized text of the entire Bible. The pointing and masoretic annotation of this manuscript were done in Israel over one thousand years ago by Aharon Ben-Asher, considered the greatest Masorete of all generations. Due to Ben-Asher’s precision and reputation, Maimonides chose to base his Hilkhot Sefer Torah on Ben-Asher’s work.[10] In the 15th century, at the latest, the Keter manuscript was transferred to Aleppo, Syria, where it was stored in the Sephardic synagogue until the riots against the Jews of Aleppo (Aram Tzova) that broke out in 1948, during which the manuscript was damaged, most the entire Pentateuch being lost, including Parshat Zakhor. Because the Keter manuscript was so special, the Jews of Aleppo did not allow others to photograph the manuscript or to examine it. Whoever wished to clarify a question of variants in the text had to write down the query and the person in charge would relay the version found in the Keter. The most famous of those addressing queries was R. Jacob Saphir, who submitted over five hundred questions, seeking to find out what variant appeared in the Keter. Fortunately, one of his questions pertained to the pointing of z-kh-r in Parshat Zakhor. The question and response were as follows: “(Deuteronomy) 25:19 z-kh-r h”n [question]. Yes [response].” In other words, is the word z-kh-r pointed in the Keter with five dots [h”n = hamesh nekudot, five dots,i.e., tzere followed by segol]? The answer provided by the keeper of the manuscript, R. Menashe Sitton, was” yes”.[11]
The entry in the published version of this manuscript (Rafael Zer Meorot Natan Le-rabbi Ya’akov Saphir, Leshonenu 50:3,4 Nisan-Tamuz 5746):

Dr. Penkower examined the pointing of z-kh-r in dozens of medieval manuscripts and found that in those manuscripts reputed to be more precise (some of the Sephardic ones) it was pointed with a tzere, and in those reputed to be less precise (some of the Sephardic ones and most of the Ashkenazi ones) it was pointed with a segol. These findings led him to note, “If we were to start taking into account the pointing in manuscripts far removed from the precise Tiberian ones, and were to begin reading doubly all instances of variation between them and the precise manuscripts, the Torah reading each week would last an inordinately long time.”[12] All editions of the Bible today point z-kh-r with tzere followed by segol, leaving no vestige of the double segol variant. One cannot but agree with R. Breuer and Dr. Penkower that there is no need for Ashkenazim to read zekher, for zeikher will suffice. To sum up: * R. David Kimhi mentions two methods of pointing which he observed in Sephardic manuscripts: zekher and zeikher. * The disciples of the Vilna Gaon disagreed about how their Rabbi used to read this word in Parshat Zakhor, whether with a tzere or a segol. * Because of uncertainty as to which was correct, the Mishnah Berurah ruled that z-kh-r Amalek should be read twice, once with tzere and once with segol. * The findings presented by R. Breuer and Dr. Penkower prove conclusively that the correct and original pointing of this word is zeikher (with a tzere). Therefore, in their opinion, one should return to the ancient practice, and all Jewish communities ought to read the word only once, as zeikher. [1] M. Breuer, “Mikraot she-yesh lahem hekhre`a,” Megadim 10 (1990), pp. 97-112; J. S. Penkower, “Minhag u-Mesorah: ‘Z-kh-r Amalek’ be-hamesh o be-shes nekudot” (with appendices, in R. Kasher, M. Tzippor and Y. Tzefati, eds., Iyyunei Mikra u-Farshanut, 4, Bar Ilan University Press, Ramat Gan 1997, pp. 71-127. [2] Penkower (loc. cit., p. 80 ff.) discusses at length the differences between manuscript and printed versions of Sefer ha-Shorashim. [3] On other practices, see Penkower, loc. sit., p. 71, n. 1. [4] Y. Yevin, Mavo la-Masorah ha-Tverianit, Jerusalem 1976, p. 101 ff. [5] J. S. Penkower, Ya`akov Ben Hayyim u-Tzmihat Mahadurat ha-Mikraot ha-Gedolot I-II (Dissertation), Jerusalem 1982. [6] R. Jedidiah Solomon Norzi was preceded by another important masoretic scholar, R. Menahem de Lonzano, author of Or Torah. In his book, he remarks on the same editions of Mikraot Gedolot on the system of vowel pointing and cantillation marks, but also says nothing about z-kh-r being pointed with a tzere followed by segol. [7] The printed Bible published for the IDF, prepared by Prof. A. Dothan, is based on this manuscript.[8]For further detail, see R. Breuer’s article (cited in n. 1), p. 110, and Penkower’s article (cited in n. 2), p. 101. [9] This manuscript is also known as the Aleppo Keter, or simply the Keter for short. [10] Several printed Bibles based on the Keter are available today. The most important of these is undoubtedly the Mikraot Gedolot- ha-Keter, redacted and edited by Prof. Menahem Cohen, Bar Ilan University Press, Ramat Gan 1992 and following years. Thus far five volumes have been published, covering the following six books of the Bible: Joshua-Judges (including a general introduction to the edition), Samuel I and II, Kings I and II, Isaiah, and Genesis vol. 1. [11] The manuscript containing these questions and responsa is known as Meorot Natan. See here.
[12] At the Project on Bible and Masorah at Bar- Ilan University, headed by Prof. M. Cohen, dozens of medieval manuscripts of the Bible were examined, and the findings of these studies reinforce Penkower’s conclusions regarding variant pointings in the manuscripts.
* Seforim Blog editor note: the issue is discussed in the En Hakore commentary included by Heidenheim in Humash Meor Einayim, only in the parashah of Amalek in Exodus 17, not in Deuteronomy. En Hakore is a masoretic commentary by R. Yekutiel (or Zalman) Ha-nakdan who lived in Prague in the 13th century. Here is how it appears in Heidenheim’s Humash Meor Einayim. However, it appears to be a misstatement to say that Heidenheim was among those whose work was “redacted according to Radak’s remark,” for while there is no example of Zekher from Psalms to compare with in his Humash Meor Einayim, Zekher is also pointed with tzere , rather than segol, in the Ashrei prayer included in Humash Moda Le-vina. This would seem to indicate that he did not follow the Radak. He merely published En Hakore, which dealt with the issue raised by Radak.




New work by Rabbi Stahl

New work by Rabbi Stahl
by Eliezer Brodt
ספר סגולה, ספר ראשון, ירושלים תשע”ב, ר’ יעקב ישראל סטל, 153 עמודים.

As previously mentioned on the blog a new work by Rabbi Yakov Stahl was just printed (for reviews of some of his earlier works see here and here). This work is called Segulah (Hard cover, 153 pp.) Sefer Segulah is a collection of articles on disparate topics, related to Minhag, Halacha, Piyyut, Midrash and Aggadah. It is an excellent collection of articles on topics not often written about in seforim, by others, full of interesting observations from an extremely rich and wide range of sources. There is a special emphasis of usage of Piyutim in many of these articles, which are still an almost untapped mine for sources. Amongst the topics discussed in this work is about an old minhag to have a rooster in front of the darshan at weddings. Another is about staring at Rainbows. Still another is an interesting, possibly new early source for the minhag to say Shirat Hayam every day in davening. There are two nice original articles related to Purim. One deals with an old minhag to read the Megillah during the Shabbasim before Purim and another deals with the Tefilah הרב את ריבנו.

This sefer was printed in a limited edition of 350 copies. A full table of contents and a sample of a chapter are available upon request.

Copies are available while supplies last for shipping; in Eretz Yisroel the price is $13.50, including shipping. To the US and England the price is $16.50, including shipping. Contact me at Eliezerbrodt@gmail.com

Copies of Rabbi Stahl’s other works are still available, such as:

ספר גמטריות לרבנו יהודה חהסיד
אמרות טהורות חיצוניות ופנימיות לרבנו יהודה החסיד
סודי חומש ושאר לתלמידי רבינו יהודה החסיד על התורה שיר השירים איוב ורות
ספר קושית לאחד מהראשונים

Copies of אלפא ביתא תניתא דשמואל זעירא ב’ חלקים by R. Shmuel Ashkenazi and edited by Rabbi Stahl are also still available for purchase. Email me for the table of contents.