Can A Segulah Free an Agunah? Jewish Beliefs and Practices for Locating a Drowned Body

Can a Segulah Free an Agunah? Jewish Beliefs and Practices for Locating a Drowned Body
By Bency Eichorn
Bency Eichorn learns in kollel and, on the side, has been researching about various segulos. For his wedding he authored a book, Simchas Zion, discussing the segulah of keeping the afikomom from year-to-year. The post below is a small part of a much larger project on this segulah and has been adapted for the blog.
In light of the recent drowning of Los Angeles’s Naftoli Smolyansky A”H, much discussion has ensued about the segulah performed to recover his body. This same segulah, which involves floating a loaf of bread and candle in the water to locate the missing corpse, last year when Toronto Rabbonim considered performing it in order to locate the missing body of Eli Horowitz A”H, who had drowned the previous year. There is much skeptism regarding this segulah, some consider it witchcraft and claim that it has no basis in Judaism, deriving instead from non-Jewish sources. In this article, I will outline the development of similar segulot used throughout the ages and discuss how these methods were practiced by Jews and non-Jews alike. As my research on this topic is ongoing, I do not attempt to draw conclusions, but rather I hope to draw attention to primary and little-noted sources for these segulot. In effect, this will indicate how wide-spread these segulot were, specifically among Jews. This will suggest that their origins extend further than the tale recounted in Twain’s Hucklebery Finn and can be traced to early Jewish sources.
The Floating Wooden Dish
Among the segulot noted in Jewish sources used to locate a missing drowned body, is a practice involving taking a wooden dish and floating it in the water above the general area where the body went missing. According to the tradition surrounding this segulah, the dish will float to the spot where the body lies and then stop. The first and earliest source for this segulah that I could presently locate is from the year 1618 in a well known sefer minhagim written by R’ Yosef Yuzpa Han Norlingen[1]. He writes, that “I have a tradition of a segulah to locate a body that drowned; and this is the correct way it should be performed: Take a wooden dish [ke’oh’rah],[2] place it on the water to float by itself, until it rests on the spot where the body is lying.” The work continues with an anecdote about a certain man named Meir, who drowned in Lake Pidikof and whose body was found using this particular segulah. Interestingly, the passages closes with the note “that if this segulah really works, it could have amazing implications, for it could help women who would otherwise have to be agunot for the rest of their lives.”
The procedure for this segulah is rather straightforward; all that must be done is to place a dish on the water and it will float to the drowned body. This segulah seems to have been quite popular as it is mentioned in many seforim, particularly sifrei segulah such as the Noheg Ketzon Yosef (grandson of R’ Yosef Yuzpa Han Norlingen),[3] the Taamai Haminhagim,[4] Refuah Vechaim,[5] Rafael Hamalach,[6] Hoach Nafshainu,[7] Mareh Hayeladim,[8] Yosef Shaul,[9] and the Segulas Yisroel.[10]
This amazing segulah is the earliest Jewish method noted as having been used to locate a drowned body and seems to be an exclusively Jewish practice. A search of a number of non-Jewish sources, works of history, superstition, and mythology, has not brought to light an instance of this particular practice of locating a drowned body. Thus to my knowledge, it does not seem to have ever been used by a non-Jew.[11]
The Floating Loaf of Bread
The second segulah attested to in the Jewish sources as being used to locate a drowned body is to float a loaf of bread instead of a bowl. Similar to the previous method it is believed that when the bread is left alone in the water it would float to the location of the body.
The earliest source for this segulah that I have found thus far can be traced to the year 1734 by Rabbi Dovid Tebal Ben Yaakov Ashkenazi.[12] He writes, “to locate one that drowned, throw a loaf of bread into the water [where he drowned] and the place where the bread stops [sholet] that is where the body is located.”
This segulah is later recorded in Over Orach, a sefer of segulot, teffilot and halachot regarding traveling. In his discussion of general segulot, the author writes “[i]f one drowned, a segulah to find the body is to take a loaf of bread and throw it in the area of water where the person drowned, and the bread will float to the location of the drowned body.” He finishes his description of the segulah by testifying that, “[t]his segulah has been performed in the past and it is known that it produced positive results”[13].
A similar practice of using bread to locate a drowned body is recorded in a Yizkor book for the community of Mlawa, a shtetl in pre-World War II Poland. In this book, under the subject of communal beliefs in segulot, the following is recorded, “if someone drowned while bathing, people would come there [to the place he or she drowned] with long iron poles, to search for the body. To aid in their search, they would throw a loaf of bread, on top of which was a burning candle, into the pool next to the brick factory.[14] ” I found this belief, of using bread to locate a drowned body, recorded in a number of sifrei segulot, including, the Hoach Nafshainu,[15] Mareh Hayeladim,[16] Rafael Hamalach,[17] Yosef Shaul,[18] and the Segulas Yisroel.[19]
Thus, in the Jewish sources this method of locating drowned bodies is evidenced in a few but reputable sources. In contrast, it is mentioned in many non-Jewish sources. As early as 1586 we find that Thomas Hill mentions this practice as he records “[t]o find a drowned person…take a white loaf, and cast the same into the water, neer ye suspected place, and it will forth-with go directly over the dead body, and there abide.[20] Not long after in the year 1664, Oliver Heywood records an instance in which this practice was actually used to help find a missing corpse.[21]
Alternative Versions of the Floating Bread
As time went on, the method used by non-Jews seems to have changed. As early as the year 1767, the belief developed that a loaf of bread was not enough, but that the loaf of bread should be filled with quicksilver and only then should it be set afloat on the water. Sylvanus Urban, in The Gentleman’s Magazine, describes this change in a testimony. He writes that in Newbury, Berkshire, “After diligent search had been made in the river …a two penny loaf, with a quantity of quicksilver put into it, was set floating from the place where the child, it was supposed, had fallen in, which steered its course down the river upwards of a half a mile… when the body happening to lay on the contrary side of the river, the loaf suddenly tacked about … and gradually sank near the child.”[22] This loaded loaf was called by many ‘a St. Nicholas’[23] and its occasional effectiveness was attributed by the cynical to eddies in the water.
This method was practiced and recorded many times over in the non-Jewish sources. Occasionally, it was even recorded that it worked. However, on most occasions, this practice yielded no positive results. Recorded testimonies of this method in the non-Jewish sources include the years 1849[24], 1878[25], 1879[26], 1884[27], 1885[28], 1891[29], 1921,[30] [31]and 1925.[32] There are many more recordings of this procedure, but the above sources should suffice to indicate the widespread belief in the efficacy of the practice.[33]. Indeed, according to scholars of Mark Twain, the belief that quicksilver, or mercury, would make bread float to a point over a submerged body was widely held in Britain.. This particular version of the method to locate drowned bodies was apparently based on an purported etymological connection concerning the biblical ”bread of life” and ”quick” or ”living” silver, so called because of the flowing form of mercury.[34]
The method of using bread with a candle on top of it, as recorded above as a practice of the Jews of Mlawa, is recorded in non-Jewish sources as well. However in the non-Jewish sources it is supplemented with the addition of quicksilver. The first record of this practice is in the year 1886, written by Henderson. He writes, “A loaf weighted with quicksilver, if allowed to float on the water, is said to swim towards and stand over, the body; when a boy, I have seen persons endeavoring to discover the corpse of the drowned in this manner in the River Wear…and ten years ago, the friends of Christopher Lumley sought for his body…by the aid of a loaf of bread with a lighted candle in it”[35]. Again, in the year 1891, in the Journal of Science,[36] it is written, “[i]n Brittany, when the body of a drowned man cannot be found, a lighted taper is fixed in a loaf of bread, which is then abandoned to the retreating current. When the loaf stops, there it is supposed to the body will be recovered.[37] The lit candle was referred by some, as just being a way to mark the course of the floating loaf at night.[38]
However, in Belgium, they would merely float a lit candle accompanied by the reading of a formula.[39] Indeed, already in 1578, Bornenisza recorded that a candle alone was used to locate the drowned. He writes, “[i]n Hungary if somebody drowns, a lighted wax candle is placed in a dish and where the flame goes out, there the drowned man lies.”[40] This may indicate that the method recorded above of a loaf of bread together with a candle on it, was a corruption of the method to use just a candle. It is interesting to note that the record in the Jewish sources of using the method of a candle is from the people of Mlawa, if so more research is needed to ascertain whether this method originated with Jews. In any event, the method of using a candle alone can be viewed as separate, third, method of locating a missing, drowned body.
The Use of an Amulet to Locate Missing Bodies
A fourth method used by Jews to locate a missing drowned body involves floating an amulet. R’ Yonathan Eibeshutz, remembered by Jews today as an eminent Talmudist, distributed many such amulets. He issued them in Metz, where he was Rabbi, and later in Hamburg, Altona, and Wandsbeck, where he later served as chief Rabbi.
During this time R’ Eibeshutz, together with a number of other Rabbis, was condemned by R’ Yaakov Emden as being a follower of Shabtai Tzvi and his Messianic cult. This led to the famous controversy between these two great Rabbis. One of the complaints of R’ Emden was R’Eibeshutz’s writing and distributing of amulets. Among the many amulets, one was shaped like a written parchment and was used to find the missing body of one who had drowned.[41]
In a treatise written by R’ Emden against R’ Eybeshutz’s amulets, which he named Sfas Emes,[42] he mentions the amulet that R’ Eybeshutz supposedly wrote to find a missing, drowned body.
Interestingly, a similar usage of amulets is found in the non-Jewish sources as well. In a correspondence of Notes and Queries, it is recorded how a corpse in Ireland was discovered by means of a wisp of straw around which was tied a strip of parchment, inscribed with certain kabalistic characters written by a parish priest.[43] [44]
Aside from the practices that bear a similarity to those evidenced in Jewish sources, many additional methods for locating drowned bodies are attested to in the non-Jewish records. Among such non-Jewish practices for locating a drowned body, one that is akin to the previously mentioned methods, includes placing a shirt of the person who drowned in the water so that it will float to the spot of the missing body.[45] It was also believed that straw or a bundle of straw should be floated on the water so that it would float to the spot of the body.[46] Some people have thrown in a lamb (or goat) in an attempt to locate a missing body.[47] A curious custom, practiced in Norway, is to row to and fro with a rooster in a boat, expecting that the bird will crow when the boat reaches the spot where the corpse lies in the water.[48] Certain Native American tribes would float chips of wood, while other groups would float wooden cricket bats or wooden bowls.[49] The effectiveness of the method of floating bread or any other item in the water to find a sunken corpse was attributed by many to natural and simple causes. In all running streams there are deep pools formed by eddies, in which drowned bodies would likely be caught. Any light substance thrown into the current would consequently be drawn to that part of the surface over the centre of the eddy hole.[50]
Another interesting method involves the use of drums. People searching for a drowned body would row down the river slowly beating on a big drum and according to the belief, if they came to the part of the river in which the dead body was immersed, a difference in the sound of the drum would be distinctly noticed.[51]
Another non-Jewish practice is related in one of the classics of American literature, The Adventures of Huckleberry Finn by Mark Twain, which was published in the year 1884. The novel relates the story of a of a young boy from St. Petersburg, Missouri (a thinly veiled cover for Hannibal, Missouri, where Twain spent most of his youth) who tries to run away from civilization with an escaped slave named Jim. The book paints a picture of the pre-Civil War South through the dialects and habits of the characters, through their adventures and misadventures, and through their attitudes and the way their attitudes change during the story. One of those attitudes is the inclination to superstition.
In one of the most humorous episodes, Huck has run away from being ‘civilized’ by Miss Watson, his foster aunt, and is hiding on an island. He has covered his tracks with the blood of a pig, so that it looks as if he has been murdered:
“Well, I was dozing off again, when I thinks I hear a deep sound of “boom!” away up the river. I rouses up and rests on my elbow and listens; pretty soon I hear it again,. I hopped up and went and looked out a hole in the leaves, and I see a bunch of smoke laying on the water a long ways up- about the area of the ferry, and there was the ferry boat, full of people, floating along down. I know what was the matter now. “Boom,” I see the white smoke squirt out of the ferry-boat’s side. You see, they was firing cannon over the water, trying to make my carcass come to the top.”
Shortly after the canon firing, “Huck happened to think how they always put quicksilver in loaves of bread and float them off because they always go right to the drowned carcass and stop there.”
I have discussed earlier the latter belief of using bread with quicksilver to locate a missing drowned body. As Twain writes in the preface to Tom Sawyer, “[t]he odd superstitions touched upon were all prevalent among children and slaves in the West at the period of this story.”[52] The first method mentioned by Twain of using a canon was actually not only a belief he heard about, but something he experienced firsthand. In the annotated Huckleberry Finn, Hearn observes that once when he was thought to have drowned, young Mark Twain witnessed a similar scene as the townspeople of Hannibal fired cannons over the water to raise him to the surface. He recalled in a later letter on February 6, 1870, “I jumped over board from the ferryboat in the middle of the river that stormy day to get my hat, and swam two or three miles after it [and got it] while all the town collected on the wharf and for an hour or so, looked out across toward where people said Sam Clemens (Mark Twain) was last seen before he went down.”[53]
The method of shooting a canon to locate a drowned body is also recorded in Notes and Queries. “A few years ago when two men were drowned in the Lune, I believe the same experiment was tried [bread with quicksilver]. Guns also were fired over, and gunpowder was so contrived as to explode in the bottles containing it beneath the surface, but one of the bodies has never been found.”[54] In a second citation in Notes and Queries, it is written, “Heavy gun firing was in progress yesterday in the marshes, and there is a strange but widespread belief among the riverside residents that a cannon tends to bring the drowned to the surface.” [55]The superstition is also mentioned in Edgar Allen’s Poe’s 1842 story, Mystery of Marie Roget.[56]
A reason for the purported effectiveness of this method is offered in Radford’s Encyclopedia of Superstition,[57] where he describes a widespread British superstition that, “a gun fired over a corpse thought to be lying at the bottom of the sea or a river, will by concussion break the gall bladder, and thus cause the body to float.”
It seems Radford took the above fact for granted, for, scientifically, firing a canon over water is not likely to cause a gall bladder to burst. Even if it does rupture, it is strictly internal and there is no effect on the buoyancy since the body’s overall density remains unchanged. However, if the skin is broken and the bowels come loose, then the body’s density may increase due to water entering the body and air and other gasses escaping. This actually allows for a greater chance of the body sinking.[58] Accordingly, firing the cannon over the water would cause the opposite affect than what the superstition alleges. The only factor that could aid in the retrieval of the body that the firing of the cannon could cause a concussive effect which might jar loose a body snagged in weeds on the bottom of the water. So firing a canon might raise a body, although not for the reasons that the superstition gives.[59]
To returning to the Jewish sources, there seems to have been four different segulot used to locate a drowned body, each one involves floating an object in the water, either a wooden bowl, bread, a candle or an amulet. Each individual method seems to have once been a separate practice of its own. However in a number of instances the separate segulot are recorded as being performed together. It can be assumed that in these instances the person performing the segulah was aware of methods and combined them in the hopes of a more effective result.
There is limited testimony as to the effectiveness of these segulot; this may be due to the fact that they have rarely been subjected to controlled experimentation in the past. Like many segulot, they remain shrouded in mystery. The questions that remain are: From where did these segulot develop? Are all of them of early origin? Are they all solely of Jewish origin?
I would like to conclude this article, by stating that the world of Segulot and Kemi’ot [amulets] is very large and unexplored. Many of the seforim on this topic are rare and unavailable, while others remain in manuscript form. These seforim may have the missing pieces to the entire puzzle of the methods and sources of segulot. As material is continuously printed and made more available, my hope is the history of segulot will be made much more clear.[60]
[1] Rabbi Yosef Yuzpa Han Norlingen, Yosef Ometz, Jerusalem 1975 ed., pg. 352. Born in Frankfort 1570. It is probably correct to assume, the fact that the sefer was finished in 1618 [even though it was only first printed in 1648 see intro. Ibid.], and he was born in 1570, that this belief in this segulah was current before 1618 and certainly in the late 1500’s.
[2] The word used in the Yosef Ometz is ke’oh’rah, which can be translated as a dish or bowl. The word ke’oh’rah comes from the root kar which means sunk, compared to keeka’ah which means to engrave (etch inside). See The Kunkurdantzyah Dictionary to The Tanach by Dr. Shlomo Madelkarn, Jerusalem 1972, pg. 1035, ke’oh’rah. See also Marcus Jastrow, Dictionary of The Talmud, Jerusalem, pg. 1397, ke’oh’rah, therefore it would be correct to assume that ke’oh’rah is a dish, that is a slightly sunken in, like a bowl or even a plate that’s center is lower then it’s border.
[3] R’ Yosef Yuzpa Dashman Segal, Noheg Ketzon Yosef, Tel Aviv, 1979,pg. 122, s.v. “segulas.”
[4] R’ Avraham Yitzchok Sperling, Sefer Taamai Minhagim, Jerusalem 1957 ed. [f.p. Lvov 1894], pg. 569.
[5] R’ Chaim Palagi, Refuah Vechaim, Jerusalem 1997 ed. [f.p. Izmir 1879], pg, 141.
[6] R’ Yehudah Yudal Rosenberg, Rafael Hamalach, Jerusalem 198? ed. [f.p. Piotrkow 1911], pg. 41, s.v. “yedeyot.”
[7] R’ Avaraham Chamuoy, Hoach Nafshainu, Jerusalem 1981 ed., [f.p. Izmir 1870], pg. 185 s.v. “water.”
[8] R’ Rafael Uchnah, Mareh Hayeladim, Jerusalem 1987ed. [f.p. Jerusalem 1900], pg, 48a, s.v. “drowned;” id. at 66b s.v. “water.”
[9] R’ Shaul Feldman, Yosef Shaul, Piatrikov 1911, pg. 83. It is interesting to note that he adds there “take hot bread.”
[10] R’ Shabtzi Lifshutz, Segulas Yisroel, Jerusalem 1991 ed. [f.p. Jerusalem 1946], pg. 132. s.v. “drowned.” He brings it in the name of the Refuah Vechaim.
[11] The only similar (but note the same, for they are only similar in the fact that they consist of floating a piece of wood or pot similar to a bowl) methods found in non Jewish sources is in Notes And Queries, Oct. 4, 1851, pg. 251, The Journal of Science, NY, Dec. 4, 1891. Nicolas B. Dennys, The Folklore of China, Amsterdam 1968. “Sir James Alexander, in his account of Canada [L’ Acadie, 2 vol., 1849, Pg. 26] writes: “The Indians imagine that in the case of a drowned body, its place may be discovered by floating a chip of cedar wood, which will stop and turn round over the exact spot. An instance occurred within my own knowledge, in the case of Mr. Lavery of Kingston Mill, whose boat overset, and himself drowned near Cedar Island; nor could the body be discovered until this experiment was resorted to.” See also Linda J. Ivanits, Russian Folk Belief, 1989, pg. 73 (pg. 222 note 64) “A pot (or wooden cup) filled with hot coals and incense and with candles attached to the sides was placed on the surface of the water; the victim’s body was believed to lie under the spot where the pot stopped floating.”[Thanks to Professor Daniel Shvarber for pointing out this source to me.] Also the use of a wooden cricket bat in 1925 as recorded by Notes And Queries, Oct. 18. 1851, Pg. 297 [Also in Jan 30, 1886, Pg. 95] ” An Eton boy, named Dean, who had lately come to school, imprudently bathed in the river Thames where it flows with great rapidity under the ‘playing fields,’ and he was soon carried out of his depth, and disappeared. Efforts were made to save him or recover the body, but to no purpose; until Mr. Evans, who was then, as now, the accomplished drawing-master, threw a cricket bat into the stream, which floated to a spot where it turned round in an eddy, and from a deep hole underneath the body was quickly drawn.
[12] Beis Dovid, Rabbi Dovid Tebal Ben Yaakov Ashkenazi, Wilhermsdorf, Pg. 31.
[13] R’ Shimon Ben R’ Meir, Over Orach, Lemberg 1865, pg. 8. The Sefer Over Orach was really an adaptation and extension of a sefer printed about 1646 in Krakow, by R’ Yaakov Naftoli Ben Yehudah Leib of Lublin the Sefer was originally called Derech Hayoshor. [see Kiryat Sefer, 1933/34, 10, pg. 252]. It seems that segulah is one of the added segulas of R’ Shimon Ben Meir, as this segulah only first appears in Over Orach by R’ Shimon Ben R’ Meir in the Karlsaruah 1764 ed. pg. 172, which seems to be the first or at least the second printing of the sefer in the life time of the latter Auther . In addition to the fact that this segulah is not brought at all by R’ Yaakov Naftoli Ben Yehudah Leib in Derech Hayosher.
[14] David Shtokfish, Jewish Mlawa, Tel Aviv 1984, pg. 486.
[15] Ibid. pg. 55.
[16] Ibid. sub. Of water, pg. 66b.
[17] Ibid , the author brings this belief in the name of a earlier source however I had trouble locating his source.
[18] Ibid, pg. 83.
[19] Ibid. pg. 195 sub. Water. Also see his Kuntres Even Segulah pg. 406.
[20] Thomas Hill, Natural Conclusions, 1586, D3. Qouted by Iona Opie and Moira Tatem, A Dictionary of Superstitions, Oxford University Press 1989, pg. 34, subject, Body: locating in water.
[21] Oliver Heywood, Autobiography c.a. 1664, Turner ed., III 1883, pg. 89. ‘Mr. Rawsthorne of Lumb and Mr. Thomas Bradshaw walked out and after they had drunk a cup of ale returned home. Going in the night by a pit side Mr. R. fell in; Mr. B. leaped after him to take him out because he could swim, they were both drowned. Mr. R. swam at top, Mr. B. could not be found. A women made them cast in white loaf and they doing so it would it would not be removed from over the place where he was, so they took him up, and they were buried together. A sad family it was, my brother being eye witness there of.
[22] Gents. Mag, 1767, pg. 189. Quoted in A Dictionary of Superstitions ibid. See also Notes And Queries [Oct 4, 1851, Pg. 251, 1851-s1, iv, pg. 148, June 15, ’78 5th s. Ix. pg. 478] “In looking through the chronicle of the Annual Register for 1767, I came across the following entry, which clearly shows that the superstition referred to by…was at the time current in Berks: The following odd relation is attested as a fact. An inquisition was taken at New Bury, Berks, on the body of a child near two year old who fell onto the river Kennet and was drowned. The jury brought in their verdict, accidental death. The body was discovered by a very singular experiment, which was as follows. After diligent search had been made in the river for the child to no purpose, a two penny loaf with a quantity of quicksilver put into it was set floating from the place where the child it was supposed had fallen in, which steered its course down the river upwards a half a mile, before a great number of spectators, when the body happening to lay on the contrary side of the river, the loaf suddenly tacked about and swam across the river, and gradually sunk near the child, when both the child and loaf were immediately brought up with grabbers ready for that purpose.”
[23] Collin de Plancey, ‘Dictionnaire Critique des Reliques et des images miraculeuses.’ tom:ii, pg 212, Paris 1821. “In rural regions of France a perforated loaf called St. Nicholas is thrown in the river, which it would float down on, and stop as soon as it gains the spot with the corpse underneath, after turning three times around.” Quoted in the Notes And Queries July 26, 1924 pg. 61.
[24] Notes And Queries [5th s. IX June 15, ’78 pg. 478] ” In January 1849, when the pier at Morecambe was being constructed, the stone for which was procured near Halton, the boat conveying the workmen from the quarry across the river Lune to the village was upset, and eight of the men were drowned. The villagers were confident that quicksilver placed inside a loaf would enable them to find the bodies, but the last corpse was not discovered until nearly three months after the accident.” Also See June 29, 1878 pg. 516.
[25] Notes And Queries [ibid.] “A few years ago, when two young men were drowned in the Lune, I believe the same experiment [ a loaf with filled with quicksilver] was tried.” See also Notes And Queries [5th s. IX Jan 5, ’78 pg. 8] “A young women singularly disappeared at Swinton, near Sheffield. The canal has been unsuccessfully dragged, and the Swinton folk, are now going to test the merits of a local superstition, which affirms that a loaf of bread containing quicksilver, If cast upon the water, will drift to, keep afloat, an remain stationary over any dead body which may be immersed out of sight.”
[26] Notes And Queries [Feb 8, 1879 Pg. 119].
[27] This belief was echoed and written in the famous work of Mark Twain in The Adventures of Huckleberry Finn in 1884 see later in this article
[28] Notes And Queries, [Jan. 2, 1886 pg. 6], brings a extract from the Stamford Mercury Dec. 18, 1885. I quote: “at Ketton ….touching the death of Harry Baker..who was believed to have walked into the ford….however in obedience to the wish of Baker’s mother, a loaf charged with quicksilver was cast into the water , and it came into a standstill in the river at.. the corpse was brought up…”
[29] Science, New York December 4, 1891. Article: Drowning Superstitions, “There are many curious modes of discovering the dead body of a drowned person, a popular notion being that its whereabouts may be ascertained by floating a loaf weighted with quicksilver, which is said at once to swim towards, and stand over, the spot where the body lies. This is very widespread belief, and instances of its occurrence are, from time to time recorded. Some years ago, a boy fell into the stream at Shereborne, Dorsetire, and was drowned. The body not have been recovered for some days, the mode of procedure adopted was thus: A four pound loaf of best flour was procured, and a small piece cut out of the side of it, forming a cavity, into which a little quicksilver was poured. The piece was then replaced, and tied firmly in its original place. The loaf thus prepared was thrown into the river at the spot where the body fell, and was expected to float down the stream till it came to the place where the body had lodged, but no satisfactory results occurred.”
[30] Man, Myth & Magic vol. 3, Richard Lavendish, New York 1970, pg. 322. Sub. Bread, “A remarkable quality formerly ascribed to bread was its power, to react to the presence of a drowned body. It was believed that a loaf weighted with quicksilver and place it in the water would be irresistibly drawn towards the place where the body lay. As recently as 1921 a corpse was discovered after this method had been tried at Wheelock in Cheshire.”
[31] Notes And Queries [7th s. XL May 2,’91 pg. 345] ” I found the following strange story among some news paper cuttings, unfortunately but it must have not occurred many years ago, and was taken from the globe: Adelaide Amy Terry, servant to Dr. Williams, of Brentford, was sent to a neighbor with a message on Sunday morning, and she did not return, and was known to be very short sighted, it was feared she had fallen into the canal, which was dragged without success. On Tuesday an old barge women suggested that a loaf of bread in which some quicksilver had been placed should be floated in the water. This was done, and the loaf became stationary at a certain spot. The dragging was resumed there, and the body recovered.
I had imagined this means of discovering the whereabouts of a drowned body peculiar to the fisher folk of the south of Ireland, where on two separate occasions I knew it to be resorted to, and each time successfully. I heard nothing of the quicksilver, only of the loaf becoming attracted, as it were above the place where the drowned man lay.”
[32] Yorkshire Observer 5, May 14 1925, Amesbury, Wilts. Quoted in A Dictionary of Superstitions ibid. “The missing nursemaid was last seen on the bridge over Avon, and one of the theories, is that she may have got into the river, it was decided to carry out an experiment. The method, And old custom, had been used with success at Bristol some years ago, Mercury was placed in a loaf of bread, attached to a long line. The idea is that the bread, floating over, a body, would hover there, heavy rains apparently interfered with the experiment, for no result was obtained.” See in Notes And Queries, [5th s. Ix Jan 5, ’78 pg. 8] which records how a young women drowned in Yorkshire and the folk are going to test a local superstition see there further.
[33] Yorkshire Observer 5, May 14 1925, Amesbury, Wilts. Quoted in A Dictionary of Superstitions ibid. “The missing nursemaid was last seen on the bridge over Avon, and one of the theories, is that she may have got into the river, it was decided to carry out an experiment. The method, And old custom, had been used with success at Bristol some years ago, Mercury was placed in a loaf of bread, attached to a long line. The idea is that the bread, floating over, a body, would hover there, heavy rains apparently interfered with the experiment, for no result was obtained.” See in Notes And Queries, [5th s. Ix Jan 5, ’78 pg. 8] which records how a young women drowned in Yorkshire and the folk are going to test a local superstition see there further.
[34] Thomas A. Tenny, The Mark Twain Journal.
[35] Henderson, Northern Counties 43-4, 1886. Quoted by A Dictionary of Superstitions ibid.
[36] ibid.
[37] Then later I found very similar in Notes And Queries [Quoting All The Year Round vol. xvi pg. 3], “At Guingamp [Brittany] when the body of a drowned man cannot be found a lighted taper is fixed in a loaf of bread which is then abandoned to the retreating current. Where the loaf stops they expect to discover the body.” See also Tekla Domotor, Hungarian Folk Belief, Bloomington 1981, pg. 62. “If somebody drowns, a lighted wax candle is placed in a dish and where the flame goes out, there the drowned man lies.” See also Linda J. Ivanits, Russian Folk Belief, 1989, pg. 73 (pg. 222 note 64) “A pot (or wooden cup) filled with hot coals and incense and with candles attached to the sides was placed on the surface of the water; the victim’s body was believed to lie under the spot where the pot stopped floating.”
[38] See Notes And Queries, [Feb. 8, 1879 Pg. 119].
[39] Hazlitt ‘Faith and Folklore’ 1905, vol. I, Pg. 193. Quoted in Notes And Queries [July 26, 1924 Pg. 62].
[40] Hungarian Folk Beliefs, Teklu Domotoc, Indiana 1981, pg. 62. Quoting Peter Bornenisza , Temptation of the Devil, 1578.
[41] Jewish Encyclopedia, 1901-1906, vol. 1, pg 549. sub. Amulet.
[42] R’ Yaakov Emden, Sfas Emes, Jerusalem 1981[F.p. Altona 1875], pg. 19. See R’ Eybeshutz’s own defense in sefer Luchos Eidus, Lemberg 1887. See also The Jewish Encyclopedia, 1925, pg. 549.
[43] Notes And Queries [Oct. 18 1851, pg. 298]. “I heard the following anecdote from the son of an eminent Irish judge. In a remote district of Ireland a poor man, whose occupation at certain seasons of the year was to pluck feathers…..he sank….they dragged the river for his body, but in vain; and in apprehension of serious consciences to themselves should they be unable to produce the corpse, they applied to the parish priests, who undertook to relieve them, and to “improve the occasion” by the performance of a miracle. He called together the few neighbors, and having tied a strip of parchment, inscribed with cabalistic characters, round a wisp of straw; he dropped this packet where the man’s head was described to have sunk, and it glided into still water where the corpse was easily discovered [it is not clear if it made the corpse rise or it floated to the spot where the corpse was sunk]. Quoted in Journal of Science ibid. See also The Folklore of China ibid.
[44] See also JSTOR vol. 12, no 1,pg. 7, about a Chinese amulet. See also S. M. Swemer in article, A Chinese –Arabic amulet.
[45] See Journal of Science ibid. “Not many months ago a man was drowned at St. Louis. After search had been made for the body, but without success, the man’s shirt, which he had laid aside when he went in to bathe, was spread out on the water and allowed to float away. For a while it floated and then sank, near the spot, which was reported, the man’s body was found. See also JSTOR vol. 2, no. 7, pg. 307, “A Story from Pennsylvania – August Melching was drowned, on a recent afternoon in the Codorus Creek, near York, while swimming. The body could not be found for some time, when one of the searchers suggested that his shirt be thrown into the water, claiming that it would float to where the body was. The suggestion was acted on and the garment was thrown into the water where it was thought that he had disappeared. The shirt instantly shot out then stopped then circled about a short time and in another moment disappeared under the water. A young man present on the creeks bank then dove to where the shirt was seen to sink, and found the body of the young man where the shirt disappeared. The singularity of the incident, in the fact that the shirt was found clinging to the dead man’s body. Two gentlemen who were on the opposite sides of the creek at the time this occurred corroborant the truthfulness of the incident. This gives credence to the ancient belief that the clothing of a drowned man thrown into the water will float to the body. Philadelphia Inquirer.” See also Hazlitt, ‘Faith and Folklore,’ 1905 vol. i, pg. 193. , Quoted in Notes And Queries, [July 26 1994, Pg. 62], usage of the button of a waist coat belonging to the drowned.
[46] JSTOR vol. 4, no. 3, pg. 357, in a batch of Irish Folk-lore, no 11, “A drowned body is searched for by floating a bundle of straw on the surface of the water; it is supposed to stop and quiver over the body.” See also A Dictionary of Superstitions ibid. which brings from Folklore, 1893, pg 357. [Co. Cork] “A drowned body is searched for by floating a bundle of straw on the surface of the water, it is supposed to stop and quiver over the body.” On more about floating wheat and the sort to recover drowned bodies see ‘Ta-tshing-Yih-tung ch,’ 1743, tom lii, where Yen Pin [A.D. 1355] floated a puppet made of sheaf to recover his mother’s remains. Quoted in Notes And Queries, [July 26, 1924 pg 61].
[47] See Journal of Science ibid, “In Java (and in some parts of China) a live sheep is thrown into the water, and supposed to indicate the position of the body by sinking near it [but the objects used for this purpose vary largely in different countries].” See also The Folklore of China ibid.
[48] Notes And Queries [June 11, 1898 Pg. 466], see also the Journal of Science ibid., and E. Lloyd in Peasant Life in Sweden, 1870, Pg. 135. Exactly the same method is pursued for the same purpose since time unknown in China and Japan as recorded in Ueda, southern Chinese usages in connection with calendar, Minzoku to Rekishi, vol. iv, pg. 278 Tokyo 1920. Thus in Japan, the famous drama, ‘Sugawara Denjuukagaini’ composed A.D. 1746, exhibits a character who floats a board a cock in a pond where his wife is drowned. Also Akishima’s ‘Kisoji Meisho Dzue’ 1807. The Chinese and Japanese sources are all brought in Notes And Queries [July 2, 1924 pg. 61].
[49] See note 14.
[50] Notes And Queries,[Oct. 18, 1851 Pg. 298, also in Jan. 30. 1886 Pg. 95.] See above about the boy from Eton .
[51] Notes And Queries [June 17, 1893 Pg. 466]. Quoting the Suffolk Times and Mercury of Friday Nov. 4, 1892.
[52] See Daniel G. Hoffman, Form and Fable in American Fiction [New York: Oxford University Press 1961. See also JSTOR vol. 32, no 1, pg. 49 in an article Jims magic: Black or White?. See The Annotated Huckleberry Finn by Michael Patrick Hear; published by Clarkson N. Potte, Inc, New York, 1981. See also Mark Twain, An Illustrated Biography by Geoffry C. Ward, Daycon Duncan, and Ken Burns, Published by Alfred A. Knopf, NewYork, 2001.
[53] Mark Twain’s letters to Will Bowen 1941 pg.19.
[54] Notes And Queries, [5th s. 1x, June 15, ’78. pg. 478. Also in Feb. 8, 1879 Pg. 119] ” A few weeks ago while an English merchantman was unloading off one of the Black Sea ports- near Batoum, I think it was- a man swept overboard by a heavy sea and drowned. The body disappeared; but two days afterwards certain Russian guns on shore happened to fire a salute. “That will bring him up!” said a seaman on board. “Not yet” said another; “wait until the fourth day.” On the fourth day the Russians guns fired again; and during the firing, the drowned man’s corpse rose to the surface, not far from the ship…… “you see sir” he added, “it’s the gun firing bursts the gall inside the corpse, and then it rise; but it must be on the fourth day.”
[55] [Oct. 5th 1878. Also in June 29, 1878 pg. 516], “Many years when I was a school boy, an old man was accidentally drowned in a northern river, and I recollect that several men fired guns on both sides of the river, in the belief, that by doing so the body would rise to the surface- by concussion, it is to be presumed.”
[56] In Edgar Allen’s Poe’s 1842 story Mystery of Marie Roget [in Poe’s ‘Tales of Mystery and Imagination’ edit. Routledge, Pg. 72, col 2, and p. 77, col. 2] “All experiences has shown that drowned bodies, or bodies thrown into the water immediately after death by violence, require from six to ten days for sufficient deposition to take place, to bring them to the top of the water. Even where a cannon is fired over a corpse, and it rises before at least five or six day’s immersion, it sinks again if let alone.’ See Notes And Queries [Aug. 12, 1993. Pg. 138] where Nauta argues on the whole “experience”.
[57] Ibid. Also this belief was echoed in Notes and Queries [Feb. 8, 1879, pg. 119] quoting the belief of a sailor, “That it’s the gun firing bursts the gall bladder inside the corpse and then it rises.” Also in N&Q [June 29, 1878 pg. 516] “The body would rise to the surface –by concussion, it is to presumed.” See also Denham Tracts, 1895:ii 72. A variation of the on this principle was to fill bottles with gun powder and contrive to explode them under water [Notes and Queries 5s:9, 1878, 478].
[58] A cadaver sinks as soon as the air in its lungs is replaced with water. Once submerged, the body stays underwater until the bacteria in the gut and chest cavity produce enough gas–methane, hydrogen sulfide, and carbon dioxide–to float it to the surface like a balloon. (The buildup of methane, hydrogen sulfide, and other gases can take days or weeks, depending on a number of factors.) If you wait long enough, the body will almost always surface.
[59] Regarding some of the last points mentioned, some of the information was taken from an article printed on Straight Dope [www. Straightdope.com] and from a letter I received from Professor Mary Barile of Boonville, Mo.
[60] This article is only a small piece of a much more in depth research project almost ready to be printed. My manuscript consists of over a hundred pages; it includes a study of the origins, early development and the reasons for this segulah in Jewish as well as non-Jewish communities. Due to the lack of funding printing of this research has been held off. Any one interested in helping out financially and dedicating the work to Eli Howoritz and Naftoli Smolyansky is invited to contact me. Furthermore, any comments or questions can be directed to me at Bneic@hotmail.com.




The Modern Custom of Standing for the Ten Commandments

Many mitvot require that one stand. One of which is reading the Torah. Thus, the ba’al koreh and the person making the blessing stand. When it comes to those who are just listening, there is a debate whether they are required to stand as well. Some hold that the listeners are required to stand while others require the listeners to stand only for the blessings, and finally others don’t there is a nearly universal custom to stand during the recitation of the Ten Commandments. Tracing the history of this custom, however, uncovers that not only is this a fairly recent custom, it is also a highly problematic one.

The earliest possible source for this custom, as with many of today’s “universal” customs, is the Hemdat Yamim. The Hemdat Yamim, records that:
According to the Hemdat Yamim, the custom of the Ari (most of his customs the Hemdat Yamim attributes to the Ari, see this post discussing the spurious nature of the Meron custom also attributed to the Ari,) was to not stand for the recitation of the Torah with the exception of the Ten Commandments. Importantly, the Hemdat Yamim is only proposing this custom, not attempting to justify an already existing custom. Moreover, as we shall see, most who discuss the custom of standing for the ten commandments do so in an effort to reconcile this custom with the prohibition of elevating or highlighting the ten commandments as proscribed by the Talmud.

For instance, R. Shmuel Aboab discusses the custom of standing for the Ten Commandments. R. Aboab was asked “about the custom of some to stand for the Ten Commandments, what is the reason for this custom and should others follow it?” In his response, R. Aboab first questions the custom in light of the well-known passage in the Berachot where the Talmud records that the custom to read the Ten Commandments was abolished in the “gevulot” due to the “minim.” Thus, according to the Talmud, highlighting the Ten Commandments or, in this case, standing specifically for their reading may run afoul of this passage. Ultimately, R. Aboab defends the custom of standing and distinguishes the Talmudic passage and claims that the Talmudic restriction is only applicable “when it is unclear why one is favoring the Ten Commandments over the rest of the Torah, i.e. when one reads the Ten Commandments daily. But, here, [merely standing on Shavout or Parshat Yitro or Vethanan] the purpose is clear in that we are reenacting the acceptance of the Divine Glory and thus there is no fear of the minim. The standing for the Ten Commandments is thus akin to standing when we recite the blessing on the new moon, . . . as Abbai states we need to do it standing and Rashi explains that since we are greeting the Divine Glory we are required to make the blessing standing out of respect for the Divine Glory. Therefore, we stand when the Ten Commandments are read and it poses no problem.”[1]
The Hida also defends the custom of standing and argues the Talmudic fear of minim is not applicable as the Ten Commandments are read as part of a larger Torah reading thereby demonstrating that although we may stand for part we believe in it all.[2]

In fact, it is not an exaggeration to say, from the early 18th century there has been a virtual explosion of commentaries attempting to justify this custom in light of the Talmud. [3]

Of course, as with most Jewish customs, not everyone agrees that standing for the Ten Commandments is appropriate. R. Y. Emden (additions to the Siddur, Laws of Shavout) holds that one should not stand for the Ten Commandments as does R. Gieger in Divrei Keholot (p. 466).

Returning now to the origins, the earliest and most likely source is the Hemdat Yamim, which dates to sometime in the 17th century. That said, he is not actually the earliest person to discuss this custom. Rather, the Rambam discusses this custom, however, the Rambam cannot be the source for the custom of standing for two reasons. First, this passage of the Rambam was unknown until the 20th century. Second, the Rambam was against the custom of standing for the Ten Commandments.

The Rambam’s statement appears in two editions of his responsa, first in the Freimann edition and then again, with small differences, in the Blau edition. The first, Freimann was published in 1934, and Blau’s was published in 1971. Consequently, these can not be the sources for the custom discussed in the 17th century as these were still in manuscript and unknown in the 17th century – that is, no one mentions the Rambam until the publication of these editions. Moreover, as we have seen, this is not a inconsequential custom, rather, on its face this custom runs counter to the Talmud and thus if in fact this custom pre-dated the Hemdat Yamim why is there no one who raises the conflict with the Talmud in Berchot. As we have seen, once the custom is discussed it is almost always in the context of justifying the custom in light of the Talmudic passage.

The Rambam, contrary to the position of those discussed above, takes issue with standing during the Ten Commandments. Specifically, unlike those above, he is unwilling to distinguish the Talmudic passage and in fact expands on what the Talmud prohibits. According to the Rambam, based on the Talmud, it is prohibited from elevating any part of the Torah over any other part. As the Rambam discusses at length in his Commentary on the Mishna, the introduction to Perek Helek, it is heresy to claim any one part of the Torah is more important than any other. Similarly, the Rambam holds that to stand for one part of the Torah and not another part is akin to heresy as it shows that the Ten Commandments are somehow worthy of standing to the exclusion of the rest of the Torah.

To recap, the custom of standing seems to have become popular with the Hemdat Yamim in the early 18th century and the Rambam was against this practice ruling that it skirted the line of heresy. R. Ovadiah Yosef, basing himself on the Rambam (R. Yosef doesn’t trace the lack of historical basis for the custom), rules that it is prohibited to stand. Surprisingly, this is not the conclusion reached by all his contemporaries. Instead, R. Waldenberg, takes the position that since this is well-established “minhag yisrael” standing for the ten commandments is permitted. R. Waldenberg raises the possibility that this custom falls in the category of those customs which are so powerful they override law.

R. Waldenberg then deals with the Rambam, and essentially dismisses the Rambam as unimportant because this responsum was unknown. R. Waldenberg then throws in for good measure the controversial statement of the Hazon Ish regarding using recently discovered manuscripts. [4]

R. Waldenberg is not the only one to dismiss this responsum. R. Feinstein also discusses standing for the Ten commandments and offers his own justification. In doing so he never mentions the Rambam’s position. R. David Feinstein was asked if his father was aware of this responsum and R. D. Feinstein said that his father was not. But, R. Dovid continued, “knowing his father’s position on newly discovered manuscripts – [that he took a dim view?]- the Rambam’s responsum doesn’t affect the analysis.”Feldman, Yisrael be-Mamadam, p . 1051. Thus, rather then dealing with the Rambam in a meaningful manner many appear to be willing to dismiss the entire position of the Rambam. Furthermore, the reason for this pithy dismissal is not based on substance but, instead, by alleging without any basis in fact that this responsum is a forgery.In sum, the custom of standing is based on the Hemdat Yamim and is not older than the 18th century. The Rambam had serious reservations about establishing such a custom, but some are willing to ignore the Rambam on questionable grounds.

Sources:

See Y. Goldhaver, Minhagei Kehilot, vol. 1 227-36 where the majority of the above is taken from. See also, Sperber, Minhagei Yisrael, vol. 2, 109-11, n.63 (he discusses among other things, the meaning of “minim”); E. Brodt, Yeruschasanu, vol. 2, p. 208; G. Oberlander, Minhag Avotanu be-Yadanu, Nissan-Av, chapter 27; S.Y. Feldman, Yisrael be-Mamadam, vol. 2, 1040-51.

See also, Goitein, A Mediterranean Society, vol. II, 340 where he records the custom that to take an oath one had to swear “in the name of God, and the Ten Commandments.” And that a document from Syracuse, Sicily, it records that “the party giving the oath was even obliged to read the Ten Commandments aloud from the Torah Scroll.”

[1] R. Aboab’s distinction is far from certain. Specifically, why it is clear on Shavout one is standing for a particular purpose as opposed to the daily recitation of the Ten Commandments?[2] This reasoning is also not convincing as the proposed daily recitation of the ten commandments was also in a larger context where other Torah passages are recited, Shema, Az Yashir, and Tehilim. If reading the ten commandments during Yitro obviates the minim issue why doesn’t reading it with the Shema or the Monday and Thursday Torah readings obviate the minim issue?[3] See R. Ovadiah Yosef, Yeheva Da’at, vol. 1 no. 29 where in his typical fashion cites almost all the relevant literature.[4] R. Waldenberg is not the first, nor presumably will he be the last, to question the authenticity of a particular responsum of the Rambam. For other examples, see Y.S. Speigel, Amudim be-Tolodot Sefer ha-Ivri, Kiteva ve-Hatakah, 264-65.




A Note Regarding the Recitation of Brikh Shemei

A Note Regarding the Recitation of Brikh Shemeiby Rabbi Yechiel Goldhaber

Rabbi Yehiel Goldhaber of Jerusalem is the author of the (currently) two-volume authoritative work on the customs of the Mattersdorf Kehilla entitled Minhagei Ha-Kehillot (2004) and is at work on additional volumes, as well as on a complete history of the area and rabbonim of the Mattersdorf Kehilla. He is also completing a volume on coffee.

In addition to his authoritative articles on Kabbalat Shabbat in Beit Aharon ve-Yisrael, Rabbi Goldhaber has published many articles on the topics of halakha and minhagim in Yerushateinu, Yeshurun, Tzohar, Ohr Yisrael, and many more.
In addition to its wide readership amongst the followers of the Mattersdorf Kehilla, Minhagei Ha-Kehillot has been praised by leading scholars in the academic community for its wide-ranging and comprehensive footnotes relevant to kehillot beyond Mattersdorf.

In Rabbi Goldhaber’s post at the Seforim blog below, he explores the origins of two seemingly independent customs relating to the Torah reading – Brikh Shemei and vaYehi Binso’a ha-Aron. An examination of their history reveals that the inclusion of one possibly impacted the placement of the other. The recitation of vaYehi Binso’a is a fairly old custom. But, in its original incarnation this verse, as a simple reading of its contents imply, was said as the Torah was removed from the ark. That is, while the torah is moving. Today, however, this verse is said while the Torah is firmly ensconced in the ark. R Goldhaber suggests that the much later inclusion of Brikh Shemei may have “bumped” vaYehi Binso’a to an earlier spot.

This is his first contribution to the Seforim blog.

בפרשיתנו נמצאת פרשה מיוחדת “פרשה בפני עצמה” והיא השמירה ללווית עם ישראל בעת מסעם במדבר.פסוקים אלו נוהגים כהיום בתפוצות ישראל לאמרם עם הוצאת הס”ת מארון הקודש.לרגע אדלג על פסוקים אלו, ואתמקד במנהג אמירת “בריך שמיה” עם הוצאת הספר.תפלת “בריך שמיה” מקורו בזוהר הק’, פרשת ויקהל, דף רו ע”א: “אמר רבי שמעון, כד מפקין ס”ת בצבורא למקרא ביה, מתפתחין תרעי שמייא דרחמין ומעוררין את אהבה לעילה ואבעיליה לבר נש למימר הכי: בריך שמיה דמארי עלמא…”.עם התפשטות הזוהר וכתבי האר”י החל להתפשט -כיתר מנהגי המקובלים- גם אמירת ‘בריך שמיה’ בקרב קהילות ישראל. לראשונה הודפס בספר ‘תפלה לדוד’, עותק יחיד בעולם נמצא בבית הספרים שבירושלים, מאת המחבר ר’ דוד ב”ר יוסף קארקו, נדפס בקושטא שנת רצ”ה, עלה לארץ מטורקיה, ורשם לעצמו מנהג התפילה בירושלים [מהספרים החשובים למנהג המקורי בא”י!] כבר בהקדמה מצטט המחבר ארבע פעמים קטעים מדברי הזוהר. ואכן בדף 27 הובא “בקשה להוצאת הס”ת” ומעתיק לשון בריך שמיה.לאחריו העתיקו ר’ עמנואל ב”ר יקותיאל בניונטו, בסוף ספרו ‘לוית חן’ על כללי תורת הדקדוק, מנטובה שי”ז, בסוף הספר הוא מעתיק מספר הזוהר אזהרות ודברי מוסר בענין שמירת כבוד בה”כ. בין הקטעים הוא מעתיק גם לשון ה”בריך שמיה”. לציין שר’ עמנואל היה חכם וחסיד ומקובל, הוא אשר הגיה את דפוס ראשון של הזוהר, וכן ספר מערכות אלקות (חייט). לאחריו הביאו בספר ‘סדר היום’ לר”מ בן מכיר מצפת.הסידור הראשון המביאו “הלכה למעשה” הוא דוקא בפולין, אצל המדקדק המפורסם רבי שבתי סופר מפרעמישלא, בלטימור תשנ”ד עמוד 359, לא רק שהוא מעתיקו אלא הוא גם מבאר פירוש מילותיו! סידור חשוב זה נערך בשנת שע”ז, לערך. ומאז והלאה, החל אט אט להתפשט ע”י סידורים שונים.תפלה זו, משכה אליה שאלות שונות, לדוגמה: זמן אמירתו, האם רק בשבת, או שמא גם בחול. משמעות ביטויים תמוהים, כגון “בר אלהין” וכן מה פשר המילים “סגידנא מקמא דיקר אורייתא”. תביעת צרכים בשבת, ובירור נוסחאותיו, על כל אלה האריך ידידי הרב בנימין שלמה המבורגר, בספרו הנפלא ‘שרשי מנהגי אשכנז’ ח”א.באתי לדון בזה בפרט אחד, שלכאורה הוא שולי ביותר -ובגדר “דקדוקי עניות”, אולם היות ולאחרונה דנים בזה השכם וערב, אענה אני חלקי גם בזה, והוא:שעת המדויקת לאמירת בריך שמיה: אם לאומרו בפתיחת הארון לפני הוצאת הספר, או שמא רק לאחר שהוציאוהו כבר, והמוציא מחזיקו ביד, או שמא בשלב יותר מאוחר!לכאורה מלשון הזוהר כד מפקין ס”ת בצבורא למקרי משמע שיש לאמרו תוך כדי הוצאת הספר מהארון.ואחרי בירור הנושא באנו לידי ארבעה מנהגים שונים!עקב אריכות הדברים אצטט רק למראה מקומות ולא אאריך בהם, על אף שמן הדין כן לבאר את הלשונות.א] לאומרו רק אחרי הוצאת הספר, כן כתב: סידור רבי שבתי סופר, סידור רבי יעקב עמדין, סדר קריה”ת והלכותיה. ערוך השלחן בסימנים קלב, רפב ו-רצב. כן נוטה דעת רבי יוסף חיים הבבלי בשו”ת רב פעלים ח”ג, סוד ישרים סימן ח, על אף שבספרו “בן איש חי” פ’ תולדות לא נגע בבעיה זו.רבי אברהם יעקב זלזניק, ראש ישיבת עץ חיים, במשך חייו היה מעורר את העולם על דברין הטעון תיקון בסדר התפלה, לדעתו! בין הדברים היה גם שלפי דעתו יש לאמרו אחרי ההוצאה, וכפשטות לשון הזוהר. ועוד הוסיף לטעון, שאחרת נגרם חוסר כוונה למתפללים! [יש מקום לחלוק עליו בזה].ב] לאמרו בעוד הספר באה”ק:כן כתב החיד”א בספרו תורת השלמים סימן כב סעיף ב: כשפותח הארון להוציא ס”ת יאמר…רבי חיים פאלאגי’ בספרו ‘כף החיים’ סו”ס כח: “העושה פתיחת ההיכל לא יוציא הס”ת תכף שפותח, אלא ישהה מעט כדי שיוכלו לומר בריך שמיה… ואם יוציא תיכף הס”ת מתחיל גדלו, ולא יוכלו לאומרו כל אחד בכונה…”. וכן משמעות המ”ב בסימן רפב וכה”ח (סופר) סימן קלג וכן מפורש בקצות השלחן סימן כה.כן נהגו בקהילה עתיקה בארם צובה, שמעתי מאת הרב המקובל רבי מרדכי עטיה, ועוד.וכן נוהגים אצל כל עדות החסידים לגזעיהם.לגבי הנהגת העולם, כבר לפני כשלושים שנה התעניינתי אצל זקני ירושלים, הן מעדת החסידים והן מעדת האשכנזים, רובם ככולם ענו ואמרו ש”המנהג הישן” לאמרו כשהס”ת עדיין בהיכל!ורק הודות לפעולותיו של הרב זלזניק ש”הרעיש” את העולם על כך, הוקבע בעולם הישיבות, להקפיד כדעתו [וכן ראיתי שרבי יצחק נתן קופרשטוק מזדעזע כראותו אחד הנוהג כמנהג זה].ג] שאין נפק”מ מתי לאמרו, בהרבה קהלות בארופה לא דקדקו בכך, וכן כותב שו”ת אגרות משה, או”ח ח”ד סימן ע, והליכות שלמה (אוירבוך) פרק יב. וכן שמעתי מהרבה זקנים שעדיין מידת הזכירה פועמת בהם.ד] לאמרו כשהספר כבר פתוח על הבימה, לפני הקריאה.כן כתב פסקי מהרי”ץ, סדור כנסת הגדולה (צובירי), ח”א עמוד רי. ומצאתי מקור קדום ביותר לכך, והוא בספר אגודת אזוב לרבי יצחק האזובי, חכם מטורקיה שעלה לא”י תיכף אחרי גירוש ספרד, והוא כותב: בשעה שמראים הס”ת אל העם, שערי שמים נפתחין…, אגדת אזוב, נתניה תשנה, עמוד קסו.הרי לנו על חודו של מחט מנהגים שונים בפרט קטן מאוד במנהג מחודש יחסיתאיברא: אולי אפשר להסביר בדרך אפשר, היאך נוצר שינויי מנהגים דרסטיים כל כך!כעת אפנה למנהג הנפוץ של אמירת פסוקי “ויהי בנסע הארן”. בסרי הראשונים הן מאשכנז והן מספרד, אין איכור לפסוקים שונים בעת הוצאת הספר, רק הש”ץ מכריז “גדלו” והקהל עונה “לך ה’ הגדולה”.”ויהי בנסע” הוזכר לראשונה בספר “המחכים” לרבי יהודה, חי בספרד דור שלאחר הרשב”א, הכותב בספרו [עמוד 15] במנהגי קריאת התורה לימות החול, לומר “ויהי בנסוע” אחרי הוצאת הסםפר מהארון. משם הועתק לספרים ארחות חיים, תפילות שבת, סעיף טו, וכלבו הל’ קריאת התורה לשבת, ז”א שבחול לא העתיקוהו! וכנראה שלא אמרו אלא בשבת.אולם מפורש בדבריהם שעת האמירה היא רק אחרי הוצאת הספר, ואכן כך ההגיון שהמקום המתאים הוא עם הסעת הארון, היינו עם ליווי הספר!וכך כתוב בשני הסידורים המדוקדקים ביותר: של רבי שבתי סופר, וכן של היעב”ץ!ותמוה, שכהיום מנהג העולם אינו כך, אלא אומרים אותם עם פתיחת הארון!חשבתי לומר שמא, המנהג התגלגל כך, עקב הכנסת “בריך שמיה” בין “ויהי בנסע” לליווי הספר, והוא גרם לצמצום הזמן בעת הליווי, ולכן הקדימוהו עם פתיחת ההיכל!!ואכן מנהג בני תימן תואם את מה שבלבנו, את פסוקי ויהי בנסע, אורמים בעת הליווי, ורק בעמדו על הבימה, הוא העת ל’בריך שמיה’!לאידך מצאתי בכמה סידורים קדומים נוסח פולין, משנת שי”ח, וש”ך ועוד מהתקופה ההיא, הכותבים בכותרת לפני “ויהי בנסע” : ווען דער חזן עפנט דאס ארון קודש זאגט ער דיז פסוקים!!ומן הענין לעקוב אחרי סידורים יותר מאוחרים, כדי לעמוד האם אכן נוהג זה התאקלם בפולין.היחידי שעמד על תמיה זו, למה שנו מהזמן הנקוב בכלבו, הוא מחותני הגאון רבי מנשה קליין, בשו”ת משנה הלכות חלק יא, סימן רכב, עי”ש.




Aryeh A. Frimer Review of Daniel Sperber’s Darka shel Halakha

Lo Zu haDerekh: A Review of
Rabbi Prof. Daniel Sperber’s Darka shel Halakha

by Aryeh A. Frimer

Rabbi Prof. Aryeh A. Frimer is the Ethel and David Resnick Professor of Active Oxygen Chemistry at Bar Ilan University. He has lectured and published widely on various aspects of “Women and Halakha.”

Among his many articles, Rabbi Frimer is the author of “Women and Minyan,” Tradition, 23:4 (Summer 1988): 54-77, available online here; “Women’s ‘Megilla’ Reading,” in Ora Wiskind Elper, ed., Traditions and Celebrations for the Bat Mitzvah (Urim Publications: Jerusalem, 2003), 281-304, available online here (PDF); “Guarding the Treasure: A Review of Tamar Ross, Expanding the Palace of Torah: Orthodoxy and Feminism,” BDD – Journal of Torah and Scholarship 18 (April 2007): 67-106 (English), available online here (PDF); “Feminist Innovations in Orthodoxy Today: Is Everything in Halakha – Halakhic?” JOFA Journal 5:2 (Summer 2004/Tammuz 5764): 3-5, available here (PDF).

Over a three year period, from 5758-5760 (Fall 1997-Summer 2000), Rabbi Frimer delivered in-depth high-level shiurim on “Women and Halakha” to the Women of Rehovot at the Tiferet Moshe Synagogue – Rabbi Jacob Berman Community Center. The basic sourcebook for these lectures was R. Elyakim Getsel Ellinson, haIsha ve-haMitsvot – Vol. I: Bein Isha leYotsra, and this series of classes were regularly recorded as MP3 files, and the source materials, handouts and lecture notes were converted into PDF files and these files are now available here.

Aryeh A. Frimer and Dov I. Frimer are the co-authors of “Women’s Prayer Services – Theory and Practice,” Tradition 32:2 (Winter 1998): 5-118, available online here (PDF); and of the forthcoming “Women, Kri’at haTorah and Aliyyot.”

This is his first contribution to the Seforim blog.

Allow me to begin my review of Rabbi Prof. Daniel Sperber’s new volume Darka shel Halakha, with a few words of introduction.[1] I have the greatest respect for Prof. Sperber both as a scholar par excellence and as a human being. Over the almost 35 years I have been at Bar-Ilan University, we have developed a warm friendship and mutual respect. He writes clearly and beautifully, with great knowledge, sensitivity and depth – and his book Darka shel Halakha is no exception. Nevertheless, I am forced to disagree with his analysis and conclusions. I strongly believe that we have to be sensitive to women’s spiritual needs or as Hazal say: לעשות נחת רוח לנשים (Sifra, Parsheta 2; Hagiga 16b). But at the same time, we have to be honest about what the halakha clearly states – so that, at the same time, we will not be guilty of האהבה מקלקלת את השורה.

The question of women receiving aliyyot, which lies at the center of Darka shel Halakha, is briefly discussed in a baraita cited in the Talmud Megilla (23a) which reads (Source 1):

(1) תלמוד בבלי מסכת מגילה דף כג עמוד א
תנו רבנן: הכל עולין למנין שבעה, ואפילו קטן ואפילו אשה. אבל אמרו חכמים: אשה לא תקרא בתורה, מפני כבוד צבור.

Despite the above negative ruling of the Talmud and, in its wake, of all subsequent codifiers,[2] within the last decade, there have been two major attempts to reopen this issue. One was penned by R. Mendel Shapiro[3] who argues that kevod ha-tsibbur is a social concept – and a woman’s general standing in society was lower than men’s. Nowadays when this is no longer true, a community can be mohel on its kavod – voluntarily set aside its honor. He errs, however, since the vast majority of rishonim and aharonim disagree with his analysis. Kevod ha-tsibbur has nothing to do with social standing. The vast majority of posekim maintain that kevod ha-tsibbur stems from women’s lack of obligation in keri’at haTorah, and expresses itself either in terms of tsniut or zilzul ha-mitsvah. The Tsniut School argues that women should not be at the center of communal ritual unnecessarily – and this is particularly true by keri’at haTorah, from which they are freed. The second school maintains that there is an issue of zilzul ha-mitsva in that the men who are duty-bound should fulfill the mitsva that is incumbent upon them – and not delegate it to those who are not obligated.[4]

The second attempt is that of R. Prof. Daniel Sperber,[5] in Darka shel Halakha, and I would like to focus on two major issues.

Kevod haTsibbur: Instruction or Recommendation?

Firstly, R. Sperber has suggested that the phrase in Megilla 23a “However, the Rabbis declared: a woman should not read from the Torah – because of kevod ha-tsibbur” describes what Hazal believed to be the preferred or recommended mode of conduct, the ideal way of performing keri’at haTorah.

Indeed, ke-darko ba-kodesh, Prof. Sperber surveys all the places where it states אבל אמרו חכמים and shows that some cases are merely expressions of the ideal, while others refer to things that are actually assur. Yet, he concludes [Note 19, p. 21] that that in the case of women’s aliyyot: “לא נראה שמדובר … בתקנת חז”ל אלא שאינו ראוי”

This position is very problematic, particularly in this case of women’s aliyyot which is one of kevod ha-tsibbur.

(1) Firstly, Meiri, Kiryat Sefer, Ma’amar 5, sec. a, writes (Source 2):

(2) מאירי, קרית ספר, מאמר חמישי חלק א
נמצאת למד …שהכל עולין למנין ז’ אפילו אשה וקטן…, אלא שמיחו באשה מפני כבוד צבור…

The word “מיחו” appears many times in the Mishnaic and Tamudic literature and it refers to strongly verbalized objection and public reproof. See for example, Source 3.

(3) מסכת פסחים פרק ד משנה ח
משנה: ששה דברים עשו אנשי יריחו על שלשה מיחו בידם ועל שלשה לא מיחו בידם
רמב”ם: אלו הששה דברים כולם היו שלא ברצון חכמים, אלא שעל שלשה מהם – והם הראשונים – לא מיחו בידם חכמים, ושלשה המנויים באחרונה מיחו בידם.

Clearly, from the Meiri’s perspective, the statement אבל אמרו חכמים by women’s aliyyot is not a simple recommendation.

(2) Secondly, there is a group of rishonim and aharonim who maintain that in the specific case of women’s aliyyot, women cannot receive aliyyot, even in cases of she’at ha-dehak or be-diavad. This school includes the Rambam and Semag and many subsequent aharonim (R. Abraham Pinso; R. Matsli’ah Mazuz; R. Ben-Zion Lichtman, R. Zalman Nehemiah Goldberg and R. Isaac Zilberstein). For example, Rambam (Sources 4 and 5) writes without any qualification that women may not receive aliyyot:

(4) רמב”ם הלכות תפילה ונשיאת כפים פרק יב, הלכה יז
אשה לא תקרא בציבור מפני כבוד הציבור…

(5) הרב מסעוד חי רוקח, מעשה רוקח שם
ורבינו כתב קיצור הדין ד-“אשה לא תקרא מפני כבוד הציבור”, א”כ נאסר לגמרי…

Semag (Source 6) records that minors may receive aliyyot, but makes no mention of women whatsoever. On the contrary, he maintains (Sources 7 and 8) that women cannot motsi men in megilla, even be-di-avad, just as they can’t receive aliyyot.

(6) הרב משה בן יעקב מקוצי, ספר מצוות גדול (סמ”ג), עשין סימן יט
כמה [הם] הקוראים, בשבת בשחרית שבעה .. וקטן היודע לקרות ויודע למי מברכים עולה בשבעה למניין.

(7) ספר מצוות גדול – מצוות מדרבנן, הלכות מגילה
…דאף על גב דנשים חייבות במקרא מגילה אינן מוציאות את הזכרים. ואל תשיבני נר חנוכה דאמרינן בפרק במה מדליקין (שבת כג, א) דאשה מדלקת משמע אף להוציא האיש. דשאני מקרא מגילה שהוא כמו קריאת התורה לכך אינה מוציאה את האיש.

(8) מגן אברהם סימן תרפט ס”ק ה
“וי”א שהנשים אינם מוציאות את האנשים “
אינם מוציאות – ול”ד לנרות חנוכה דשאני מגילה דהוי כמו קריאת התורה (סמ”ג) פי’ ופסולה מפני כבוד הצבור ולכן אפי’ ליחיד אין מוציאה דלא פלוג (רא”ם)

Clearly, according to these authorities, the statement אבל אמרו חכמים is not a simple recommendation.

(3) There is another very large group of posekim (perhaps the majority) led by the R. Yoel Sirkis (Ba”h; Sources 9 and 10) who maintain that one cannot be mohel on kevod ha-tsibbur – particularly in the case of women’s aliyyot. However, bi-she’at ha-dehak – where there is no alternative or no one else eligible – a woman can read, lest keri’at haTorah be cancelled. It is to such cases that the Gemara in Megilla was referring.

(9) הרב יואל סירקיס, בית חדש (ב”ח) טור או”ח סימן נ”ג ד”ה “ואין ממנין”
…אלא הדבר פשוט, כיון שכך תקנו חכמים דחששו לכבוד ציבור, אין ביד הציבור למחול.

(10) בית חדש, טור אורח חיים סימן קמ”ד
… מה שתיקנו חכמים .. משום כבוד הציבור לא תקנו מתחילה אלא היכא שאפשר

For example, in a case of a city with only kohanim cited by Rabbi Sperber himself, Maharam mi-Rothenburg (Source 11) permits women to receive the third through seventh aliya. Otherwise the Torah reading would not occur, for the lineage of the kohanim would be challenged were they to receive the remaining aliyyot. In the language of the Maharam:

(11) שו”ת מהר”ם מרוטנברג חלק ד (דפוס פראג) סימן קח
…ועיר שכולה כהנים ואין בה [אפי’] ישראל אחד נראה לי דכהן קורא פעמיים ושוב יקראו נשים דהכל משלימי’ למנין ז’ אפי’ עבד ושפחה וקטן (מגילה כ”ג ע”א). ונהי דמסיק עלה אבל אמרו חכמי’ לא תקרא אשה בתורה מפני כבוד הצבור, היכא דלא אפשר ידחה כבוד הצבור מפני פגם כהנים הקוראים שלא יאמרו בני גרושות.

Maharam mi-Rothenburg was only willing to permit bi-she’at ha-dehak. This certainly doesn’t sound like a recommendation המלצה. Rather it is permission given only bi-she’at ha-dehak.

It would seem to me that in Darka shel Halakha there is a blurring of the difference between le-khathila and be-di-avad. For example, Hazal say that one should not use a milchig spoon שאינו בן יומו (not used in last 24 hours) to stir hot chicken soup. Similarly, Hazal indicate that one shouldn’t eat out of utensils that haven’t been immersed in a mikva. In both cases, be-di-avad, the food remains perfectly kosher. Hazal’s ruling in both these cases is not a recommendation – but rather a clear directive how one is required to act; under normative conditions, it is assur to act otherwise. This is also true regarding women’s aliyyot Hazal forbade it le-khathila, even though be-di-avad or bi-she’at ha-dehak the aliyya may be valid.

Now it should be appreciated that from Prof. Sperber’s perspective it is important that אבל אמרו חכמים be only a המלצה. Prof. Sperber wants to maintain that there really is no “down side” to women getting aliyyot. However, to my mind, he errs – kevod ha-tsibbur is a takana le-khathila, not a recommendation.

In this regard, I would also like to briefly mention one further crucial point, relevant to both the papers of R. Mendel Shapiro and R. Daniel Sperber – but which we will not be able to develop fully here at the Seforim blog.[6] When Hazal talked about women getting aliyyot, they were referring to a system in which the oleh made the berakhot and read aloud – for himself and the community. However, nowadays, the job of the oleh is bifurcated: the oleh makes the berakhot and ba’al korei reads aloud. This raises a fundamental question: how can one person make berakhot, while another does the ma’aseh ha-mitsva. For there not to be a berakha le-vatalah there must be a mechanism to transfer the reading from the ba’al korei to the oleh. That mechanism is either shom’eah ke-oneh or shelihut. But both mechanisms require that both the oleh and ba’al korei be obligated – otherwise there is no areivut. Since women are not obligated in keri’at haTorah, they can serve neither as the oleh nor as the ba’al korei – me-ikkar ha-din – because the birkhot haTorah of the oleh will be berakhot levatalah. Note that all this has nothing to do with kevod haTsibbur. The only case in which the issue of kevod haTsibbur begins is in the uncommon case where a woman makes the berakhot and reads for herself.[7] Hence, under a bifurcated system, there is a clear downside in allowing women to read or serve as olot – a proliferation of berakhot le-vatala!

Does Kevod haBeriyyot Defer Kevod haTsibbur –
The Rules of Kevod haBeriyyot

Lets now turn to the second issue – and this is Prof. Sperber’s major hiddush in this book. Briefly, Prof. Sperber notes that there is a concept in halakha called kevod ha-beriyyot which refers to shame or embarrassment (בושה או בזיון) which would result from the fulfillment of a religious obligation. The view of the halakha is that kevod ha-beriyyot can defer rabbinic obligations and prohibitions. Hence, Prof. Sperber maintains that if there is a community of women who are offended by their not receiving aliyyot – because of the rabbinic rule of kevod hatsibbur, then kevod ha-beriyyot should defer kevod ha-tsibbur.

Professor Sperber’s book is devoted to describing the use of kevod ha-beriyyot in the halakhic literature. He is by no means the first to do this and the subject is extensively reviewed and analyzed by Rabbis Rakover,[8] Blidstein,[9] Lichtenstein,[10] Feldman,[11] and many others.[12]

Let’s begin with the Gemara in Berakhot 19b:

(12) תלמוד בבלי מסכת ברכות דף יט עמוד ב
(א) אמר רב יהודה אמר רב: המוצא כלאים בבגדו פושטן אפילו בשוק, מאי טעמא (משלי כ”א) “אין חכמה ואין תבונה ואין עצה לנגד ה'” – כל מקום שיש חלול השם אין חולקין כבוד לרב.
(ב) מתיבי: קברו את המת וחזרו, ולפניהם שתי דרכים, אחת טהורה ואחת טמאה, בא בטהורה – באין עמו בטהורה, בא בטמאה – באין עמו בטמאה, משום כבודו. [רוב הראשונים גורסים: באים בטמאה, בא עמהם משום כבודם] אמאי? לימא: אין חכמה ואין תבונה לנגד ה’. תרגמה רבי אבא בבית הפרס דרבנן
(ג)…תא שמע: גדול כבוד הבריות שדוחה [את] לא תעשה שבתורה. ואמאי? לימא: אין חכמה ואין תבונה ואין עצה לנגד ה’! – תרגמה רב בר שבא קמיה דרב כהנא בלאו (דברים י”ז, יא) דלא תסור [מן הדבר אשר יגידו לך ימין ושמאל[ …כל מילי דרבנן אסמכינהו על לאו דלא תסור, ומשום כבודו שרו רבנן.
(ד) רש”י: כל מילי דרבנן וכו’ – והכי קאמר להו: דבר שהוא מדברי סופרים נדחה מפני כבוד הבריות, וקרי ליה לא תעשה – משום דכתיב לא תסור, ודקא קשיא לכו דאורייתא הוא, רבנן אחלוה ליקרייהו לעבור על דבריהם היכא דאיכא כבוד הבריות.

The upshot of this Gemara is that if one is wearing sha’atnez – the wearer is obligated to remove it even in the marketplace, despite any possible embarrassment. The Gemara explains that G-d’s honor/dignity takes priority over that of Man. However, if the garment is only rabbinically forbidden, one can wait until they return home to change. The reason is that kevod ha-beriyyot, the honor of the individual, can defer rabbinic prohibitions.

Prof. Sperber adequately shows that kevod ha-beriyyot has always been an important consideration in pesak. However, an in-depth survey of the responsa literature over the past 1000 years makes it clear that it cannot be invoked indiscriminately. Indeed, as the gedolei ha-posekim make apparent, there are clearly defined parameters which Prof. Sperber seems to ignore. Hence, R. Sperber’s application of kevod ha-beriyyot to the issue of women’s aliyyot is seriously flawed. In this brief presentation, we will discuss nine of the aforementioned principles.

(1) Firstly, kevod ha-tsibbur is merely the kevod ha-beriyyot of the tsibbur.[13] Hence it makes no sense that the honor of the individual should have priority over the honor of a large collection of individuals. Indeed, this is explicitly stated by the 13th century Meiri. [Source 13; Meiri is referring to Source 12ב]
(13) מאירי, בית הבחירה, ברכות דף יט עמוד ב:
{יש גורסים בא בטומאה באין עמו. ואין הדברים נראין} שאין כבוד רבים נדחה מפני יחיד או יחידים, [וכן הוא] באבל רבתי…ואף בתלמוד המערב…

(2) Secondly, The Meiri (Source 14) also emphatically states:
(14) מאירי, בית הבחירה, ברכות דף יט עמוד ב:
…שלא אמרה תורה כבד אחרים בקלון עצמך…

Giving women aliyyot by overriding kevod ha-tsibbur with kevod ha-beriyyot would effectively be honoring women by dishonoring the community – and, hence, cannot be done.

(3) R. Sperber’s suggestion would ask us to uproot completely the rabbinic ban on women’s aliyyot. However, kevod ha-beriyyot can only temporarily set aside a rabbinic ordinance. As stated in the Jerusalem Talmud (Source 15):

(15) תלמוד ירושלמי כלאים פ”ט ה”א, לב ע”א
הרי שהיה מהלך בשוק ונמצא לבוש כלאים, תרין אמוראין (שני אמוראים חולקים בדבר): חד אמר אסור; וחרנה (ואחר) אמר מותר. מאן דאמר אסור – דבר תורה; מאן דאמר מותר – כההיא דאמר רבי זעירא: גדול כבוד הרבים שהוא דוחה את המצוה בלא תעשה שעה אחת.

Many of the commentaries on the Yerushlami and posekim hold that this proviso of sha’ah ahat applies to Rabbinic mitsvot as well – including: Tosafot, Ketubot 103b, end of s.v. “Oto”; Or Zarua, Hilkhot Erev Shabbat, sec. 6; Penei Moshe; Vilna Gaon; R. David Pardo; Arukh haShulhan (Source 16); and others.

(16) ערוך השולחן, יו”ד סימן ש”ג, סעיף ב:
שאני הכא [בכלאים] דהוא לשעה קלה, דכשיבא לביתו יגידו לו ויפשוט. ..ואפי’ באיסור דרבנן תמידי נ”ל דמחוייב להגיד לו, ואין למנוע מצד כבוד הבריות

(4) Next, many posekim including R. Yair Hayyim Bachrach, R. Meir Simha of Dvinsk (Source 17), R. Jeroham Perlow, R. Moses Feinstein, R. Chaim Zev Reines indicate that the “dishonor” that is engendered must result from an act of disgrace – not from refraining to give honor. As Rabbi Meir Simcha of Dvinsk writes:

(17) אור שמח (הרב מאיר שמחה הכהן מדווינסק) הלכות יו”ט פרק ו, הלכה י”ד
גדול כבוד הבריות…זה דווקא במידי דבזיונא הוא לבריות, אבל…ענין של כבוד…מי שרי?

Only in cases where kavod is obligatory (e.g., for a King or mourner) is the absence of kavod considered embarrassing, as indicated by R. Isaac Blazer (Source 18),

(18) שו”ת פרי יצחק, נד (הרב יצחק בלזר)
צריך לומר דסבירא להו לגמרא במקום שהכבוד מחוייב גם העדר כבוד הוא בכלל כבוד הבריות, דהעדר כבוד הוא כמו גנאי… ועיין בכתובות (דף סט) מניין שאבל יושב בראש….

Prof. Yaakov Blidstein discusses burial on Yom Tov sheini shel galuyot, which is permitted because Yom Tov sheni is de-rabbanan, while not burying is kevod ha-beriyyot.[14] However, a long list of posekim will not permit 20 individuals to violate Yom Tov sheni to attend to a burial, when only 10 are required to bury the deceased and the additional 10 would be coming along out of honor. Only the first 10 are permitted.

Similarly, in the case of aliyyot, no act of shame has been performed to all those not called to the Torah (both men and women); they are simply not honored. Kevod ha-beriyyot cannot be activated under such conditions.

R. Daniel Sperber in his book Darka shel Halakha (p. 77, note 104) attempts to challenge this principle – that kevod ha-beriyyot is inapplicable when no act of shame has been performed. He cites the fact that a bride is permitted to wash her face on Yom Kippur (Source 19).

(19) מסכת יומא פרק ח משנה א
משנה: יום הכפורים אסור באכילה ובשתיה וברחיצה ובסיכה ובנעילת הסנדל ובתשמיש המטה והמלך והכלה ירחצו את פניהם והחיה תנעול את הסנדל דברי רבי אליעזר וחכמים אוסרין:
רשי והכלה – צריכה נוי עד שתחבב על בעלה, וכל שלשים יום לחופתה היא קרויה כלה.
ר’ עובדיה מברטנורא: והכלה – צריכה נוי כדי לחבבה על בעלה. וכל שלשים יום קרויה כלה:

R. Sperber assumes that the prohibition against washing on Yom Kippur is rabbinic (when many authorities hold it is biblical) and that the permission to wash stems from kevod ha-beriyyot. Based on this, he wants to demonstrate that the shame here results from something that was not done.

This analysis is in error because the leniency for a bride has nothing to do with kevod ha-beriyyot. What was forbidden was rehitsa shel ta’anug, but not washing of necessity, e.g., for cleanliness. A bride is permitted to wash her face on Yom Kippur, so that her face would not be displeasing in her new grooms eyes – and this is considered laving of necessity. As Rashi and Rav write (Source 19 above), a bride requires beauty.

R. Sperber (p. 83) further cites a responsum of R. Isaiah of Trani, Resp. haRid, sec. 21 which permits the lighting of candles in the synagogue on Yom Tov because of “kevod ha-beriyyot.” R. Sperber attempts to use this example to demonstrate that kevod ha-beriyyot can set aside prohibitions even if it is only to honor those who are attending synagogue.

Unfortunately, he errs in his analysis here as well. Similar teshuvot are found from the Rid, Rosh and Maharam of Rothenburg.[15] And their goal is to show that lighting candles in the synagogue come under the rubric of tsorekh okhel nefesh because they honor people (Rid), the synagogue (Maharam) or the holiday (Rosh). Once it its tsorekh okhel nefesh, it is the tsorekh okhel nefesh which defers the prohibition.

(5) Nearly all authorities – including, inter alia, R. Naftali Amsterdam (Source 20), R. Elhanan Bunim Wasserman, R. Makiel Tsvi haLevi Tannenbaum, Rav Yitzchak Nissim (Source 21), R. Joseph B. Soloveitchik, R. Elijah Bakshi Doron (Source 22), R. Israel Shepansky – maintain that kevod ha-beriyyot requires an objective standard that affects or is appreciated by all.

(20) שו”ת פרי יצחק, נג
הרב נפתלי אמשטרדם: כי הנה כבוד הבריות לא נאמר רק על דבר שהוא גנאי לכל מין האנושי יהיה מאיזה מין שיהיה, כמו מת מצוה או לילך ערום שרוב בני האדם מתביישים מזה. אבל בדבר שהבזיון מתייחס רק לאדם הזה לפי תכונתו, כמו לישא שק או קופה, בזה לא שייך כלל לפטור מטעם כבוד הבריות.

(21) הרב יצחק ניסים, תשובה כתב יד, מרחשון תשכ”ד (יד הרב ניסים)
וכמובן שתלך [הבת מצווה] לפני כן לבית הכנסת להתפלל, אבל לא לעלות לתורה. הלכה מפורשת היא שאין אשה קוראת בתורה בציבור, ואין משנים את ההלכה לפי הרגשות של בני אדם.

(22) הרב אליהו בקשי דורון, שו”ת בנין אב, ח”ב, סימן נ”ה, אות ג’
…כבוד האבל דין הוא שיש לכבד כל האבלים, ובכגון זה כבוד הבריות שיכבדו האבל… אבל אדם פרטי שמחליט לכבד את עצמו…כבודו משיקולים פרטיים אינו יכול לפטור אותו, או לדחות איסור דרבנן.

This view explicitly rejects subjective standards – in which what is embarrassing results from the idiosyncrasies or hypersensitivities of an individual or small group. The vast majority of religiously committed women are not offended when they do not receive an aliyya. Indeed, they understand and accept the halakhic given, although some might clearly have preferred it to be otherwise.

More importantly, does it make halakhic sense that if a group of women – nay, any group, says: “this Rabbinic halakha offends me” – be it mehitsa, tsni’ut, kashrut, stam yeynam, many aspects of taharat ha-mishpahah, who counts for a minyan, and who can serve as a hazzan – then we should have a carte blanche to go about abrogating it. Such a position is untenable, if not unthinkable.[16]

(6) Many leading scholars[17] emphasize that, as in the cases of kevod ha-beriyyot discussed in Berakhot 19b and elsewhere, the shame must result from extraneous factors. Thus, removing the kilayyim garment per se’ is not what causes the shame. Rather, it is that one has no other garment underneath and, hence, remains naked. In such cases, kevod ha-beriyyot can be invoked to nullify the rabbinic commandment which leads to the dishonor. However, kevod ha-beroyyot cannot be invoked to nullify a rabbinic commandment, where the shame comes from the very fulfillment of the rabbinic injunction itself.

Take for example one who is invited to dine with his colleagues or clients, would we allow him to avoid embarrassment by eating fruit and vegetables from which terumot and ma’asrot (which nowadays is Rabbinic) have not been removed, or by consuming hamets she-avar alav haPesah, or by drinking stam yeynam (wine touched or poured by a non-Jew). Or alternatively, suppose someone is at a meeting and is ashamed to walk out in order to daven Minha. And what about prayers at the airport in between flights. Would we allow him to forgo his rabbinic prayer obligation because of this embarrassment?

The answer is that in those cases where acting according to halakha – be it to not eat terumot and ma’asrot, or to not drink stam yeynam, or to fulfill ones prayer obligation – creates the embarrassment, then kevod ha-beriyyot cannot set aside the Rabbinic prohibition. One should be proud to be fulfilling the halakha. Similarly, kevod ha-beriyyot cannot be invoked to uproot the rabbinic consideration of kevod ha-tsibbur which prevents women’s aliyyot. This is because the dishonor stems directly from the very fact that women are not given aliyyot in accordance with the rabbinic guidelines.

(7) That the rabbis of the Talmud were sensitive to women’s spiritual needs is evident from the rabbinic concept of nahat ru’ah (spiritual satisfaction), which was invoked in a variety of instances to permit certain special dispensations for women.[18] R. Sperber maintains that this concept is an expression of kevod ha-beriyyot.[19] Yet, despite this admitted sensitivity, Hazal themselves were not concerned about kevod ha-beriyyot when they ruled that, because of kevod ha-tsibbur, women should not le-khathila receive aliyyot. Hence, how can we?

This argument is all the more true according to the explanation of Rashi on the mechanism of kevod ha-beriyyot deferments. Rashi (Source 12ד cited above) explains that in instances of kevod ha-beriyyot the Rabbis “forgo their honor to allow their edict to be violated.”

(12) תלמוד בבלי מסכת ברכות דף יט עמוד ב
….. כל מילי דרבנן אסמכינהו על לאו דלא תסור, ומשום כבודו שרו רבנן.
(ד) רש”י כל מילי דרבנן וכו’ – והכי קאמר להו: דבר שהוא מדברי סופרים נדחה מפני כבוד הבריות, וקרי ליה לא תעשה – משום דכתיב לא תסור, ודקא קשיא לכו דאורייתא הוא, רבנן אחלוה ליקרייהו לעבור על דבריהם היכא דאיכא כבוד הבריות.

It is one thing if the clash is unexpected, unanticipated and accidental. But in the case of keri’at haTorah, it was Hazal themselves who knowingly set up the rule of kevod ha-tsibbur which precludes women from aliyyot. Why would we expect them to forgo their honor in such a case?

(8) The Rivash (Resp. Rivash, sec 226) forbade sewing baby clothes during hol ha-moed for a newborn’s circumcision despite the parents’ desire to dress him properly and festively for the event. One of Rivash’s rationales is that since all understand that new clothes cannot be sewn on hol ha-moed – because Hazal forbade it, kevod ha-beriyyot cannot be invoked to circumvent this rabbinic prohibition. Similarly, one cannot invoke kevod ha-beriyyot to allow women to receive aliyyot, because all understand that this has been synagogue procedure for two millennia and that the Rabbis of the Talmud themselves prohibited it.

(9) Rivash (ibid.) and Havot Yair (sec. 95) and others rule against extending the leniency of kevod ha-beriyyot beyond those instances explicitly discussed by Hazal – honor of the deceased (כבוד המת), personal hygiene dealing with excrement, undress, and the wholeness of the family unit. New cases may not be comparable in their nature or severity to the original examples. Indeed, as noted by Prof. Blidstein and R. Aharon Lichtenstein,[20] throughout the two millennia of post-Talmudic responsa literature, kevod ha-beriyyot is rarely if ever cited as the sole or even major grounds for overriding a bona fide rabbinic ordinance. It always appears as one of many additional reasons to be lenient (snif le-hakel). This is indeed the case in nearly all the instances cited at length by R. Daniel Sperber in his book Darka shel Halakha.

What’s more, in those instances where kevod ha-beriyyot is invoked essentially alone, it is because the matter being deferred is a mere, often unbased, stringency (humra be-alma). For example, the custom in some communities prohibiting menstruants to enter the synagogue – which Prof. Sperber has returned to repeatedly (Sperber, pp. 74) – is what the posekim call a humra ve-silsul be-alma. Hence, the fact that even in such stringent communities, menstruants visited the sanctuary on the High Holidays – would be a classic example of kevod ha-beriyyot overruling a humra be-alma.

Now Prof. Sperber will respond, that he too would only invoke kevod ha-beriyyot in the case of women’s aliyyot. After all, there is no real down side – at most we have only violated a recommendation. However, as we have argued above, “aval amru hakhamim” is not a recommendation by women’s aliyyot – but a prohibition le-khathilla. What’s more, a woman who gets an aliyya without reading for herself or who is only the ba’alat keria is responsible for generating berakhot levatala. We have also argued that Prof. Sperber has improperly invoked kevod ha-beriyyot for the case of women’s aliyyot because he has not taken into consideration the kelalim of the gedolei ha-posekim.

I would like to close with one last point. Despite the fact that we strongly disagree with Prof. Sperber’s conclusion, he after all did what a Torah scholar is bidden to do. He made a creative suggestion, documented his arguments, published his suggestion in the rabbinic literature for all to examine, and awaits criticism or approval. After thrashing out the issue, back and forth – one hopefully will be able to discern where the truth lies.[21]

However, we take issue with those who would enact women’s aliyyot in practice, hastily undoing more than two millennia of halakhic precedent – simply because an article or two has appeared on the subject. Considering the novelty of this innovation, religious integrity and sensitivity requires serious consultation with renowned halakhic authorities of recognized stature – prior to acting on such a significant departure from normative halakha. It often takes several years time before a final determination can be reached as to whether or not a suggested innovation meets these standards. But that cannot provide adequate justification for haste.

The halakhic process has always been about the honest search for truth – Divine truth.[22] To adopt one particular approach – simply because it yields the desired result, lacks intellectual honesty and religious integrity. It is equivalent to shooting the arrows and then drawing the bull’s-eye. To paraphrase Prof. Yeshayahu Leibowitz: we must always ask ourselves whether we are in reality serving the Divine will or our own.[23]

Notes:
[1] R. Daniel Sperber, Darka shel Halakha – Keri’at Nashim baTorah: Perakim biMediniyyut Pesikah (Jerusalem: Reuven Mass, 2007). The phrase “lo zu ha-derekh” used in the title of this book review appears in Bava Metsi’a 37b and Kalla Rabati 9:19. This critique is essentially the combined text of two lectures given at Bar-Ilan University (17 March 2008) and at Lander Institute, Jerusalem (4 May 2008), and is based on a forthcoming article by Aryeh A. Frimer and Dov I. Frimer, “Women, Kri’at haTorah and Aliyyot” (in review). A complete list of sources and references will be fully delineated therein. The author would like to acknowledge the kind and gracious support of this research afforded by The Bellows Family Foundation. The author also wishes to express heartfelt thanks to Prof. Dov I. Frimer for reviewing the manuscript and for his many valuable and insightful comments.
[2] See, for example, Maimonides, Yad, Hil. Tefilla, sec. 12, parag. 17; R. Joseph Karo, Shulhan Arukh, O.H., sec. 282, parag. 3.
[3] R. Mendel Shapiro, “Qeri’at ha-Torah by Women: A Halakhic Analysis,” The Edah Journal 1:2 (Sivan 5761): 1-55 – available online here; R. Mendel Shapiro and R. Yehuda Herzl Henkin, “Concluding Responses to Qeri’at ha-Torah for Women,” ibid., 1-4 – available online; R. Mendel Shapiro, “Communications,” Tradition 40:1 (Spring 2007): 107-116.
[4] See Aryeh A. Frimer and Dov I. Frimer, “Women, Kri’at haTorah and Aliyyot,” (forthcoming).
[5] (a) R. Daniel Sperber, “Congregational Dignity and Human Dignity: Women and Public Torah Reading,” The Edah Journal 3:2 (Elul 5763): 1-14 – available online; (b) R. Daniel Sperber, “kevod ha-tsibbur uKhevod haBeriyyot,” De’ot 16 (Sivan 5763, June 2003): 17-20 and 44 – available online; (c) R. Daniel Sperber, Darka shel Halakha – Keri’at Nashim baTorah: Perakim biMediniyyut Pesikah (Jerusalem: Reuven Mass, 2007). (d) See also a recording of a lecture given by R. Sperber in Modi’in, Israel, July 3, 2006 – available online.
[6] See note 4, supra.
[7] See, inter alia, R. Yosef Dov Soloveitchik, miBeit Midrasho shel ha-Rav, Hilkhot Keri’at haTorah, p. 31; Shiurei haRav haGaon Rabbi Yosef Dov haLevi Soloveitchik zatsa”l al Inyanei Tsitsit, Inyanei Tefillen veHilkhot Keri’at haTorah, p. 154.
[8] (a) R. Nahum Rakover, haHagana al Kevod haAdam (Jerusalem: Misrad haMishpatim, 5738); (b) R. Nahum Rakover, “Kevod haBeriyyot,” Shana beShana (5742): 221-233; (c) R. Nahum Rakover, Gadol Kevod haBeriyyot: Kevod ha-Adam ke-Erekh-Al (Jerusalem: Sifriyat ha-Mishpat ha-Ivri, 1998).
[9] (a) R. Ya’akov (Gerald J.) Blidstein, “Gadol Kevod haBeriyyot – Iyyunom beGilguleha shel Halakha,” Shenaton ha-Mishpat ha-Ivri 9-10 (5742-5743): 127-185; (b) R. Ya’akov (Gerald J.) Blidstein, “Kevod ha-Beriyyot uKevod haAdam,” in Joseph David, ed., She’eila shel Kavod – Kevod haAdam keErekh Mussari Elyyon baHevra haModernit (haMakhon haYisraeli leDemokratiya and Magnes Press: Jerusalem, 2006), 97-138 – available online.
[10] (a) R. Aharon Lichtenstein, “Kevod haBeriyyot,” Mahanayim 5 (Iyar 5753): 8-15; (b) R. Aharon Lichtenstein, “Kevod Ha-beriyyot: Human Dignity in Halakha” – this is an English translation of reference 10a – available online; (c) R. Aharon Lichtenstein, “Kevod haBeriyyot” – available online; (d) R. Aharon Lichtenstein, “‘Mah Enosh’: Reflections on the Relation between Judaism and Humanism,” Torah u-Madda Journal 14 (2006-2007): 1-61, p. 30ff – available online.
[11] (a) R. Daniel Z. Feldman, The Right and the Good: Halakha and Human Relations (Brooklyn, NY: Yashar Books, 2005 – Expanded edition), 197-214 (chapter 14); (b) R. Daniel Z. Feldman, “K’vod haBeriyyot – Human Dignity,” shiur (18 March 2005) available online; (c) R. Daniel Z. Feldman, “Kavod haBeriyos,” audio shiur (26 June 2007) available online.
[12] (a) “Kevod haBeriyyot,” Encyclopedia Talmudit 27, pp. 477-542; (b) R. Chaim Zev (Wolf) Reines, “Kevod haBeriyyot,” Sinai 27:7-12 (159-164; Nisan-Elul 5710): 157-168; (c) R. Israel Shepansky, “Gadol Kevod haBeriyyot,” Or haMizrah 33:3-4 (118-119; Nisan-Tammuz, 5745): 217-228; (d) Danny Eivers, “Kevod haBeriyyot,” Talelei Orot 7 (5757): 125-135 – available online; (e) R. Benayahu Broner, “Kevod haBeriyyot keBitui leHofesh haPerat,” Talelei Orot 8 (5758-5759) – available online. (f) R. Mark Dratch, “The Divine Honor Roll: Kevod ha-Beriyyot (Human Dignity) in Jewish Law and Thought,” (2001; revised 2006) – available online; (g) R. Hershel Schachter, “Kavod haBriyot,” audio shiur available online; (h) R. Mosheh Lichtenstein, “G-d’s Handiwork: Human Dignity as a Halakhic Factor (Part 2)” – available online; (i) Hershey H. Friedman, “Human Dignity in Jewish Law,” 2005 – available online; (j) R. Daniel Sperber, supra, note 5; (k) Eliezer ben-Shlomo, “kevod haAdam mul Shelom haTsibbur beHashpalat Asir,” Tehumin 17 (5754): 136-144.
[13] Rabbi Judah ben Isaac Ayash, Resp. Bet Yehuda, O.H. 58, s.v. “veKhi teima”; R. Israel Shepansky, supra, note 12c based on Rabbenu Nissim and R. Eliezer ben Nathan (Ra’avan).
[14] Rabbi Judah ben Isaac Ayash, Resp. Bet Yehuda, O.H. 58, s.v. “veKhi teima”; R. Israel Shepansky, supra, note 12c based on Rabbenu Nissim and R. Eliezer ben Nathan (Ra’avan)
[15] Resp. Rosh, Kelal 5, Din 8; Resp. Maharam ben Barukh, III, sec. 387.
[16] See the comments on point of R. Aharon Lichtenstein, supra note 10a and b.
[17] R. Meir Simha of Dvinsk, Or Same’ah, Bava Metsia 32b; Resp. Mishpitei Ouziel, I, Y.D., sec. 28, s.v. “Ulam ma she-katav” – reprinted in Piskei Ouziel biShe’eilot haZeman, sec. 32, s.v. “Ulam ma she-katav,” pp. 175-176; R. Joseph B. Soloveitchick, Divrei Hashkafa, pp. 234-235; R. Joseph B. Soloveitchick cited by R. Zvi (Hershel) Schachter, “miPeninei Rabbenu,” Beit Yitshak 36 (5764): 320ff; R. Jacob Israel Kanievsky, Karaina deIggarta, I, secs. 162 and 163; R. Avigdor Nebenzahl, “Without Fear of G-d there is nothing,” Parsha Values (Yeshiva Netiv Aryeh) – vaYera 5762, available online; R. Yehudah Herzl Henkin, “Amirat sheLo Asani Isha beLahash,” mi-Peirot ha-Kerem: An Anniversary Book for Yeshivat Kerem BeYavneh (5764): 75-81, sec. B.1, s.v. “laAharona”; R. Yehudah Herzl Henkin, Resp. Bnai Vanim, IV, sec. 1, no. 3, “laAharona”; R. Yehudah Herzl Henkin, personal communication to Aryeh A. Frimer (26 November 2007); R. Ari Friedman, Kavod haBerios, Parsha Encounters (Chicago Community Kollel), 8 Tammuz 5765 (15 July 2005) – available online.
[18] Sifra, Parsheta 2; Hagiga 16b.
[19] R. Daniel Sperber, Darka shel Halakha, supra, note 5, pp. 72-74 and note 98 therein.
[20] See: R. Ya’akov (Gerald J.) Blidstein, supra, note 9a, pp. 170-172; R. Aharon Lichtenstein, supra, note 10a, pp. 14-15 and note 10b.
[21] A series of critiques of the analyses of R. Shapiro and R. Sperber have recently been published; see: (a) R. Eliav Shochetman, “Aliyyat Nashim leTorah,” Sinai 135-136 (2005): 271-349; (b) R. Gidon G. Rothstein, ”Women’s Aliyyot in Contemporary Synagogues,” Tradition 39:2 (Summer 2005): 36-58, and R. Gidon Rothstein, “Communications,” Tradition 40:1 (Spring 2007): 118-121. (c) R. Ephraim Bezalel Halivni, Bein haIsh laIsha (Jerusalem: Shai Publishers, 5767): 58-71, 102-105, and in the English section, 12-21. In addition, two prominent religious Zionist rabbis have published responsa highly critical of the practices of Jerusalem’s Kehillat Shira Hadasha in which women are given aliyyot. See: R. Jacob Ariel, “Bet Kenesset Shira Hadasha” available online; R. Jacob Ariel, “Aliyyat Nashim laTorah: Hillul haKodesh,” Hatsofe (12 July 2007) – available online; R. Dov Lior, “Minyanim Mehudashim beHishtatfut Nashim” available online. See also the recent responsa of R. Ahiyya Shlomo Amitai (rabbi of Kibbutz Sedei Eliyahu), “Madu’a Nashim Lo Olot laTorah,” available online; R. Rami Rahamim Berakhyahu (rabbi of Yishuv Talmon), Resp. Tel Talmon, II, sec. 91, note 1, p. 113.
[22] See: R. Aryeh A. Frimer, “Feminist Innovations in Orthodoxy Today: Is Everything in Halakha – Halakhic?” JOFA Journal, 5:2 (Summer 2004/Tammuz 5764): 3-5 – available online.
[23] R. Prof. Yeshayahu Leibowitz, “On Faith and Science,” Rabbi Moshe Zev Kahn – Mr. Samuel G. Bellows Memorial Lecture, Rabbi Jacob Berman Community Center – Tiferet Moshe Synagogue, Rehovot Israel (April 1986).




Lag Ba-Omer and Upsherins in Recent Jewish literature: Revisionist History and Borrowing and Plagiarism

Lag Ba-Omer and Upsherins in Recent Jewish literature:
Revisionist History and Borrowing and Plagiarism
By Eliezer Brodt

In this post I would like to touch upon some of the topics relating to Lag Ba-Omer through a discussion of the latest volume of R. Tuviah Freund’s Moadim le-Simcha.

By way of introduction, in the past few years, the field minhaghim, specifically the research and investigation of sources and reasons for custom has expanded exponentially. To be sure, from early rishonim and onwards we have many books discussing minhag. But, only more only more recently, did the systematic study and collecting of sources as they relate to minhag really start. The basic idea underlying this particular area of research involves digging up as many sources as one could related to a particular minhag and then to try and put together a comprehensive picture of the development of the specific minhag. This is a time consuming process. To begin with, one has to carefully track down early sources, figure out who is earliest source, and then try to understand the reasons given for the custom on the whole. Additionally, one has to be mindful of who influenced whom, separate the development from the original unadulterated custom, as customs, being the product of human development tend to themselves to develop over time. The older a minhag is, the more difficult a challenge as the possible source texts multiply and patience is required to put together the whole puzzle.

The recent interest in the field has produced many articles and books. Although many of these articles rely on one another, proper attribution varies widely. Some authors always give credit, while others just “borrow” sources and still others take entire text portions without any attribution. At times, to obscure this misappropriation, the order of the original article is changed although the text remains the same.

Bar-Ilan University professor Daniel Sperber, in the introduction to his eighth and final volume of his Minhagei Yisrael, catalogues and comments on many recent works minhag. In an earlier volume he published a bibliography on minhagim by Prof. Yosef Tabory.

The Moadim le-Simcha Series

In this genre, one of the more recent and popular books is Moadim le-Simcha, by R. Tuviah Freund. The sixth volume of this series has just been published. The volumes follow the yearly holiday cycle and this latest volume covers the holidays appearing in the months of Iyyar and Sivan.

R. Freund first publishes portions of the books in the newsweekly Hamodia (Hebrew). Then, he updates them and collects and arranges them according to the months. Overall, the material found in this collection is excellent. R. Freund uses a wide range of sources and it is obvious that he works hard to put out a good product. Moreover, just collecting this disparate material in one place is admirable.

But, aside from doing his own research – a task that is obviously quite time consuming – R. Freund employs two other methods that ultimately allow him to produce these books. As I have elaborated on in the past, Machon Otzar ha-Poskim has a card catalogue comprising thousands of topics with a phenomenal amount of sources related to those topics. R. Freund, as other contemporary authors, uses these cards to get a head start (alternatively, sometimes the cards provide everything) on the articles in Moadim le-Simcha. R. Freund freely acknowledges, at the beginning of each volume, that he relies on these cards.

As we have previously noted, another source of R. Freund’s materials, however, goes unacknowledged. On many topics, not necessarily all, he locates a key article of a talmid hakham or academic scholar, and then R. Freund proceeds to use their material. At times he mentions the original source in a random footnote while on other occasions he makes no mention at all.

Of course, there is no problem using someone else material so long as the source is clearly noted at the outset of the chapter that you used it and you are adding on your own finds. To be sure R. Freund is not the only who fails to properly note all of his sources; many authors do this today both in the traditional rabbinic and academic communities, and this is not a new phenomenon. Indeed, below, we will see another such example.

Setting aside this methodological issue, Moadim le-Simcha also suffers from lack of proper organization. Chapters do not flow into one another like they should, content is not put in chronological order and many times sources are not given. One other issue is one can always find more material touching on the topics covered in Moadim le-Simcha. Although this is not a criticism of R. Freund but is an issue anytime someone attempts to collect material on minhagim. Overall, however, Moadim le-Simcha is well worth one’s money as it does have a wealth of information some of which will not be found else where on many interesting topics relating to the months of the year.

Moadim le-Simcha, volume 6 – The Customs relating to the Months of Iyyar & Sivan

As mentioned above, the latest volume of this series covers Iyar and Sivan. The first article is a lengthy one covering the issues of becoming bar-mitvah during the sefirah period. This one section is over ninety pages. The next topic is Pesach Sheni. The next eight articles cover topic that are connected with Lag Ba-Omer. The final section covers Shavous topics.

It is the Lag Ba-Omer section, however, that will be the focus of our discussion. Topics covered include the recent minhag called ח”י רוטל (pp. 146- 148), bows and arrows on Lag Ba-Omer (pp. 155-58),[1] and the origins of bonfires on Lag Ba-Omer and burning clothing. There is then a detour to discuss the more general custom of lighting candles at graves year-round. Then we return to Lag Ba-Omer with a discussion of Upsherin and a section on peyos, after which he discusses the custom of learning at the kever of the Rabbi Shimon bar Yochai (“Rashbi”), followed by a chapter on the halakhic discussions relating to Kupas (charity) of Rashbi. On the topic of Rashbi, R. Freund turns to the controversial topic of authorship of the Zohar, as well as some general aspects of studying Kabbalah. Then we have another detour to discuss visiting graves of Tzadkim in general. He concludes this section with a discussion of the minhag to go to the kever of Shmauel ha-Navi on the forty-third day of Sefirat ha-Omer.

We now turn to the content of these chapters and Lag Ba-Omer generally.

Traditionally, the sefirah period is considered a time of mourning. The most well-known reason given – offered by the rishonim – is the mourning is due to the death of students of R. Akiva who died during this time of the year. Because this is deemed a mourning period, we refrain from shaving, taking haircuts, dancing, listening to music and making weddings, etc. Interestingly, some seem to think that there is an additional minhag during this time of abstaining from purchasing new clothes in order to avoid making a shehecheyanu; however, this is wrong. Many poskim write that people erroneously confuse the sefirah period restrictions with those customarily applied during the three weeks. Indeed, during the three weeks, one should refrain from buying new clothes to avoid a shehecheyanu, but during sefirah no such halakha applies. For example, the Mishnah Berurah writes that if during sefirah [493:2]:

מ”מ אם נזדמן לו איזה ענין שצריך לברך עליו שהחיינו יברך

The source for this ruling is the Ma’mar Mordechai who writes:

לא מצאתיו בשום ספר ראשון או אחרון ואין ספק שנשתרבב זה המנהג ממה שכתוב בשלחן ערוך לקמן סי’ תקנא דטוב ליזהר מלומר שהחיינו בין המצרים על פרי או על מלבוש

While this is the halakha, today we do know that in fact there is some bases for refraining from shehecheyanu during sefirah. As many manuscripts have come to light, one of these manuscripts reflects this customs. In fact, this topic was comprehensively covered by R. Gedaliah Oberlander in his journal Ohr Yisroel, and later reprinted in his collection on minhaghim called Minhag Avosenu be-Yadenu (Merkaz Halakhah, 2005). There is much to add on this topic and I hope to return to it in a future post at the Seforim blog. While on this topic of shehecheyanu during sefirah, it is worth noting that one of the earliest sources reflecting this custom is the Leket Yosher. R. Zilber, quoted by R. Ben David, in his article in Tzohar, uses this example to question the authenticity of the Leket Yosher. Basically, they argue the Leket Yosher must be a forgery as this custom is only attested to in recent times. But, as I mentioned R. Oberlander demonstrates that there are many sources for the shehecheyanu restriction aside from the Leket Yosher. (Also, R. Ben David, in a later issue of Tzohar admitted that the fact the Leket Yosher may confirm what was believed to be a later custom is meaningless and disavowed his reliance on R. Zilber.)

Prof. Daniel Sperber (Minhagei Yisrael 1:101-117) posits that the mourning customs during sefirah are mainly due to the crusades, as many of the most horrific events of the crusades took place during the sefirah period. As evidence, Sperber notes that in Ashkenaz there was a custom to refrain from cutting one’s nails – a terrific extension of symbolic mourning. Moreover, in Sefer Assufot [printed in a few places- see Meoros ha-Rishonim p. 89] it says:

ועוד נראה לי מה שאין נושאין נשים בין פסח לעצרת, מפני צער הקהלות בכל המלכות, ומתענין עליהם ומזכירין נשמות באותן השבתות ומצטערין ודואגין עליהן באותו הפרק

In Spanish sources, however, we find that they were much more lenient some going so far to permit marriage during the sefirah period. (For one example of this leniency, see the manuscript published by Meir Benayahu,Yosef Bechiri [Jerusalem, 1991], 518-20).

Now for some reason or reasons all these prohibitions are lifted on Lag Ba-Omer. Additionally, there is a custom to celebrate on Lag Ba-Omer, while to a more limited degree in many places, but especially in Meron at the Kever of Rashbi. In Meron there are great celebrations with music and dancing and the like on Lag Ba-Omer. The obvious question, however, is why?

Now I will not even attempt to provide all the answers offered, but in a moment I will point the interest reader to additional sources. There are many early sources for simcha on Lag Ba-Omer, also that tachanun is omitted, marriages are allowed and so is shaving. In some rishonim the reason given is because the students of Rabbi Akiva stopped dying on Lag Ba-Omer. This reason, however, provides no insight into the connection between Meron and specifically Rashbi and Lag Ba-Omer.

One of the most famous reasons explaining the connection between Rashbi and Lag Ba-Omer – if you ask anyone this will probably be their reply – is because the Rashbi died on Lag Ba-Omer. Assuming for a moment this is factually correct, it is quite strange that we celebrate Rashbi’s death. We don’t find any other yahrzeit that we celebrate it in such a way and we had many other great people die besides for Rashbi, Avraham, Moshe, David HaMelech, etc. – none of whose death we celebrate with bonfires. Another problem is that neither chazal nor any of the rishonim mention Rashbi dying on Lag Ba-Omer. These questions and others were addressed by the Hatam Sofer in his teshuvot. In fact, because of these problems, he was very skeptical – to put it very mildly – of this celebration that takes place at Meron.

As an aside, an unknown sources about this whole topic is a statement found in some versions of Toledot Ha-Arizal (Sefer ha-Ari, 219) it is also found in a manuscript of the Chida which says:

בימי מרן (ר’ יסוף קארו) הסכימו שלא יעשו ישראל הערביים מחול בל”ג בעומר על ציון רשב”י. ונראה למרן וב”ד שהוא זלזול שאוכלים ומרקדים, ונכתבה ולא נחתמה. בלילה חלם מרן עם הרשב”י וא”ל שתבא מגפה גדולה בעבור זו ההסכמה, כי רצונו שישמחו בהללולא, ולמחר קרע את ההסכמה

With this introduction regarding Lag Ba-Omer, we can now turn to the Moadim le-Simcha’s discussion of Lag Ba-Omer customs.

He starts the topic of Lag Ba-Omer with a nice list of issues regarding Lag Ba-Omer giving the impression that this list indicates the progression of the articles. The reader is quickly disabused of this notion as R. Freund jumps from topic to topic at times returning to earlier topics with no discernable order. After carefully reading the Lag Ba-Omer section, I decided to compare R. Freund’s work with that of R. Betzalel Landau’s [author of ha-Goan mi-Vilna] on Lag Ba-Omer called מסע מירון. R. Landau’s sefer is a collection of articles printed in 1966 and as is the case with R. Freund, R. Landau’s articles also first appeared in the Hebrew weekly Hamodia. R. Landau’s work is printed along with the Maseh Meron of R. Mendel Rabin. R. Landau’s articles deal with everything connected to Lag Ba-Omer, from the visiting of Meron and the accompanying celebration to Upsherin and much more. It is written beautifully, well organized and has excellent sources including manuscripts and many rare seforim.

After comparing the material, I noticed that R. Tuviah Freund basically lifted all the material from R. Betzalel Landau with one big difference: where R. Landau presents the material in very organized fashion, R. Freund does not. To be sure, Freund adds much material to the topics discussed by Landau and Freund covers areas not covered by Landau. On the other hand, Freund omits many interesting topics and sources relating to this day that he should have dealt with such as discussion of the song Bar-Yochai.[2] The point is not that Freund used the sources collected by Landau but rather at the outset of the articles Freund should note his debt to Landau and reference the reader to Landau’s work for its additional materials. In fact, in passing on at least two occasions Freund mentions “Mase Meron” indicating that indeed he was aware of and used Landau’s work. To make this even more bizarre, the only times Freund cites Landau, in truth, Landau was merely quoting from Avraham Yaari, Iggerot Eretz Yisrael (Tel Aviv, 1943), a work that Freund uses directly in other places (379-384). In other words, the times he does mention Landau’s work it was almost unnecessary while where Freund should mention it he does not. Is it to say that only here he used Landau work and the rest he found himself? I find it hard to believe and quite silly – there is no problem to use someone else’s material as long as you give them proper credit.

A Revisionist History of Lag Ba-Omer and Another Example of Plagiarism.

Before returning to the rest of R. Tuviah Freund’s Moadim le-Simcha, we need to examine another recent article that appeared in the journal Yeshurun (no. 15) authored by R. Moshe Blau. R. Blau’s article is devoted to Lag Ba-Omer and is well organized and clearly written – a model for R. Freund to learn from. While these facts distinguish R. Blau’s article from Freund’s, Blau actually has something in common with Freund – Blau too plagiarized.

Again, Blau uses information that appears elsewhere without mentioning the sources. Specifically, Blau plagiarized from Avraham Yaari, Meir Benayahu, Betzalel Landau, and possibly even R. Yaakov Hillel, as I will demonstrate below.

As I mentioned earlier many traditionally many claim the yarzheit of Rashbi is on Lag Ba-Omer. While this claim is well-known the source of this tradition is more difficult to locate. Avraham Yaari and Meir Benayahu show that the earliest source to mention Lag Ba-Omer as the yarzheit of Rashbi is none other than the Hemdat Ha-Yamim. (R. Yaakov Hillel also confirms this on page 13 in his Aid ha-Gal ha-Zeh.)

There were some, however, who attributed the Lag Ba-Omer death date of Rashbi not to Hemdat Ha-Yamim but to R. Hayyim Vital, whose source was the Arizal. In truth, it is a mistake to give R. Vital credit for this. The source of this mistake was based on a simple printing mistake in one version of the Prei Etz Chaim which was first printed in 1782 – available here. (For more on this edition see R. Yosef Avivi, Binyan Ariel, pp. 68-71.) That edition reads:

והטעם שמת רשב”י ביום ל”ג בעומר כי הוא מתלמידי רבי עקיבא הנ”ל שמתו בספירת העומר

The Chida already writes that this is a mistake and instead of שמת, one letter is missing and the correct reading is שמחת רשב”י. So it is not a reference to Rashbi’s death day at all. Avraham Yaari demonstrates that other sources aside from the Prei Etz Chaim confirm this reading of שמחת. Meir Benayahu also concludes this is the correct reading using manuscripts. Finally, R. Yakov Hillel also writes that it is clear from viewing many manuscripts of the Prei Etz Chaim that it is a mistake. [3]

Turning to the origins of going to Meron, again, Avraham Yaari, in an article in Tarbiz 22 (1951) has a very detailed piece showing how the custom of going to Meron was taken from an earlier custom of going on Pesach Shnei to the kevarim of Hillel and Shamai in Meron. Soon after Yaari published this article, Meir Benayahu penned a strong rebuttal (Sefunot 6 pp. 11-40), and is again summarized in Sefer Vilnai 2:326-330). According to Benayahu, the custom of going to Meron was begun by the “Mekubeli Sefat.” Irrespective of whose side one falls, both articles are full of interesting facts about the development of this Lag Ba-Omer. In my opinion, Benayahu appears to have the upper hand. More recently, Tel Aviv University professor Elchanan Reiner revisited this topic in his incredible dissertation, “Pilgrims and Pilgrimage to Eretz Yisrael (1099-1517),” (PhD dissertation, Hebrew University of Jerusalem, 1988), 295-320. (Hopefully, Dr. Reiner will publish this in book form.)

Returning to Freund’s article on Lag Ba-Omer, there is no doubt he used both Landau and Benayahu, as he quotes them in his notes. At the end of his article, Freund raises the older, although less known, custom of going to the grave of Shmuel ha-Navi (again close to Lag Ba-Omer) (p. 384). In doing so Freund quotes an early source for this custom, a source that is only in manuscript. But, Freund provides no citation where this source can be found. In fact this comes from Yaari (neither Landau or Benayahu mention it) who notes that this was originally published in Jacob Moses Toledano, “Teudot mikkitvey-yad,” Hebrew Union College Annual 4 (1927): 449-466, quote at 458. So either Freund was perusing random old copies of HUCA or more likely, he found Yaari’s article on Lag Ba-Omer and neglected to mention that.

Coming back to Blau’s article, the general idea of Blau in his article is after dealing with all the sources of why Lag Ba-Omer is different than the rest of Sefirat ha-Omer. His new ideas which he brings to the table are that 1) the earliest source for Lag Ba-Omer being the death of Rashbi is from Hemdat ha-Yamim. This point was already made by both Yaari and Benayahu. 2) The printings of Prei Etz Chaim contains a printing error (Blau shows this to be the case from various manuscripts he checked). Again, not a new point, while it is nice that he prints in the article copies of the various manuscripts but this also was already shown to be the case by Benayahu much earlier. 3) Finally, at the end of his article he brings from a manuscript that R. Yosef Karo wanted to stop the going to Meron but did not. Blau, however, concludes that this fact is not mentioned by the Chida because the Chida did not believe this manuscript was legitimate. This whole major manuscript is brought by Yaari and Benayahu. The text itself is printed in Benayahu’s Sefer HaChida. Additionally, R. Landau also discusses this point. None of this is noted by Blau. All in all this leads to the conclusion that much of Blau’s article is premised, without attribution, on Yaari’s, Benayahu’s, and Landau’s works on the topic.

As an aside both R. Yaakov Hillel and R. Ovadiah Yosef (Yabia Omer 5:35 and Hazon Ovadiah, p. 274) do not encourage going to Meron on Lag Ba-Omer due to the situation of pritzus there. R. Hillel is also against going on these types of hilulas throughout the year.

In actuality, while it is difficult to connect with the death of Rashi, there is another important person who perhaps did die on Lag be-Omer, Yehoshua ben Nun. (See R. Hamberger, Shoreshei Minhag Ashkenaz 3:262). In Meglias Ta’anis, the last section, there is a part titled Meglias Ta’anis Batra. In many versions of this text, it places Yehoshua ben Nun’s death on Lag be-Omer. Professor Shulamis Elitzur, in her excellent book, Lamu Tzamnu, deal with the death date of Yehoshua ben Nun at length. She cites to many early piyutuim that mirror this reading found in Meglias Ta’anis. (See Lamu Tzamnu pp. 18, 26, 34, 39, 66, 120, 126, 172.) Generally, Lamu Tzamnu is a scientific edition of Megilas Tannit Batra. For further on this, see also her Piyyutei R. Pinchas ha-Kohen, pp. 240 & 693. See also, Landau, p. 71, who errs in this regard based on a faulty manuscript; S. Leiman, “The Scroll of Fasts: The Ninth of Tevet” in J.Q.R., vol. 74, pp. 174-95, esp. pp. 174-79; Reiner, op. cit., pp. 289-90.

Moadim le-Simcha on Upsherin and Peyos

Now that we have covered the two latest discussions of Lag Ba-Omer and their similar faults, we return to the rest of Moadim le-Simcha. Freund’s next major topic is that of Upsherin. The problem with this article is that it is not objective.

The source for the Upsherin custom is highly problematic. R. Benyamin Shlomo Hamberger, Shorshei Minhag Ashkenaz 3:251-267, attacks it for the following reasons: there is no mention of this custom in any of the rishonim. Now do not say they did not bother to write it down as we have very detailed discussions from the rishonim about this time period in a Jewish boy’s life how to take him to cheder etc. (discussed by R. Hamburger at great length in volume two of his Shorshei Minhag Ashkenaz 2:502-532) but there is no mention of the Upsherin custom.[4] Furthermore, he shows from many places in the times of the rishonim they cut their hair long before three years old. Another big question dealt with by Yaari and later on in more detail by Hamberger is the attributing the custom of Upsherin on Lag Ba-Omer to the Arizal. This attribution is problematic as it is documented that the Arizal did not cut hair the entire sefirah – including Lag Ba-Omer. This particular issue M. Benayahu does not find to be such a problem as it could be what he did to his son and what he himself did were two different things. Another issue R. Hamberger raises is even if there is such a minhag what does it have to do with Rashbi and where do we find such a thing to give a haircut in a grave yard? Further more he brings sources [amongst them a National Geographic Magazine!] which claim that it come from outside – Arabic influences. R. Hamburger does defend it a little that it still makes sense to keep if it comes from outside sources. However after seeing all this documentation of R Hamburger notes that it makes sense why we can not find sources in litvishe or Hungarian sources – as there are no early sources in rishonim!

Professor Sperber [Minhagei Yisrael 8: 13-30] takes Hamberger’s discussion much further documenting how this comes from many completely outside ancient sources. R. Yechiel Goldhaber (author of the Minhagei ha-Kehillos) told me that he just saw a manuscript of a letter of R. Akiva Yosef Schlesinger who writes very sharply that this whole custom is taken form outside sources. Generally, Freund has no problem mentioning R Hamburger as he quotes this very same volume in another chapter of his in this sefer – saying Tikun on shavuos night. But when it comes to using Hamberger to question or examine Upsherin, Freund seems unable to do so.

After this chapter Freund has a section all about the customs of peyos including different opinions about wearing it behind ones ears. A careful reading of this chapter shows he stole much [and he could of stolen even more] from Yitzchak (Eric) Zimmer’s chapter in his Olam Keminhago Noheg (Mercaz Zalman Shazar, 1996) devoted to these topics.

Freund continues with a chapter on the development of the tomb over Rashbi’s kever and its history. He has a lot of important information on it. I would add to it the last section of M Benayhu previously mentioned article (which I think for sure Freund was well aware of on this topic of Meron in general).

The Zohar and its History

In connection with Rashbi, Freund examines the Zohar, its authorship and other topics related to the learning of the Zohar. This topic really deserves its own series of posts but for now I will just point out three issues. He does not mention that there was any opposition to the authorship of the Zohar. Now I understand perfectly well why he does not mention Yehudah Aryeh (Leon) Modena and others but there is one work which definitely deserves mention and that is the Mitpachat Seforim from R. Yaakov (Jacob) Emden. This work is not an attempt to undermine Kabbalah at all but rather it shows that there was some tampering done to the Zohar by different people. To be sure this work was considered very important by many as the Hatam Sofer writes in a teshuvah [Choshen Mishpat Likutim, 59] to someone:

הנה נמצא בשכונתך ס’ מטפחת ספרים למהריעב”ץ תמצא שם כי דבר גדול דבר הנביא ז”ל בענין זה הלא ישתוממו רואיו וד”ל

Interestingly enough a few years back this sefer was printed by someone than it was put in cherem by the badatz! The printer was cursed by sefardi mekubalim and he died within the year! This edition of the sefer is now considered very rare. Indeed, included in the introduction to this edition, are other sources attesting to the importance of the Mitpachat Seforim. Additionally, R. Eliezer Waldenberg, in his Tzizt Eliezer cites the Mitpachat Seforim. (Tzitz Eliezer 9:51 and 21:5).

Another issue I have with this chapter is he does not even mention the famous discussion of the poskim regarding contradictions between Kabbalah and halakha; much has been written on this I will not even bother to cite sources.

One other issue with this chapter is at the end he lists commentaries on the Zohar although he does not claim to make a comprehensive list there are some strange omissions. One is the work of R. Reuven Margoliyot on the Zohar it is extremely important with all his comments as he draws parallels from all over chazal another thing he does is he references many halakhic discussions from the Zohar. Besides for this R. Margoliyot deals with all the questions which R Emden raises in his Mitpachat Seforim. R. Shlomo Zevin, Soferim ve-Seforim, has a beautiful review of R. Margoliyot’s work. One other important work that is not listed is Tiferet Zvi from R. Spielman. Thus far it is only six volumes, going up until chumash Vayikra. This work is literally an encyclopedia on the Zohar dealing with the hundreds of halakha and kabbalistic topics relating to the Zohar [see the comment of Professor Yisrael M. Ta-Shma, ha-Niglah she-b’Nistar, 109 n. 13]. It is very ironic that during R. Spielman lifetime he had to peddle his seforim going door to door begging people to buy them and now it is a very hard to find to purchase.

Finally, Freund discusses visiting kevarim in general – he includes a special section about Kohanim. Here Freund writes openly at the outset that he used an earlier work but he should have been aware there is a much more through and important work on the topic from R Spielman called Zion Lenefesh Chayah.

General sources:
All about Lag Ba-Omer (much of the material overlaps) see R. Shlomo J. Zevin, Moadim Bahalcha pp. 359-64; S Ashkenazi in Avnei Chain pp. 103-11; Pardes Eliezer.

For personal accounts of Lag Ba-Omer see Chanina Mizrachi Yehudei Paras (Tel Aviv, 1959), 29-34. For a Christian traveler account from 1838 see Maseh ha-Notzrim, 496 see id., 517-18 for another account.

Others used to go to Kever of Shimon Hazadik see: Nachlas Yosef [2: 42]; Eiyur Hakodesh ve-Yoshveha p. 43. See a Christian traveler account from 1838 in Maseh ha-Notzrim p. 448 – he mentions that they cut the hair there.

On going to Meron in general see: Kivrei Avos pp. 179-81; The excellent collection from Z Vilani in his Mazavos be-Eretz ha-Kodesh pp. 117-150.

On Shmuel ha-Navi and visiting his grave, see Lamu Tzamu pp. 177-180; Reiner op. cit. pp. 306-320

Notes:
[1] On using bow and arrows on Lag Ba-Omer: see the sources listed by Landau, ibid pp. 124-26 [At this point I am unable to find the source for the riddle of the Malbim that Landau brings.] Moadim le-Simcha pp. 155-59; Pardes Eliezer pp. 229-49; ha-Koton ve-Halachosov chapter 24 p. 59 n. 22; Kundes p. 49 [see here on this work]; Zikhronot Av u-Beno p. 231; Zikhronot me-Rav Litai p. 245 [on this work see here]; A.S. Sachs, Worlds that Passed (Philadelphia, 1928), 112.

[2] About the song Bar-Yochai (which he choose not to talk about it at all), see Landau piece in Maseh Meron; the excellent study by Professor Moshe Hallamish, in Hakabblah, 507-531. See also Hallamish’s Hanageios Kabbalios be-Shabbat pp. 300-03. On general songs composed for Rashbi see Hallamish in Hakabblah pp. 259-83.

[3] R. Yaakov Hillel deals with all this in his sefer Aid ha-Gal ha-Zeh printed two years ago. This is a nice sefer all about Lag Ba-Omer and the Zohar. He has many interesting chapters including the origins of the Zohar the importance of learning Zohar and how to learn it. Another chapter he has is on the topic of contradictions between Kabbalah and halakha. He also has a chapter on Torah Lav Min hashamaayim and its relation to pesak halakha. He also deals with this topic in a few other places in his notes on Moreh Betzbah of the Chidah. It is worth seeing the latest edition, page 159 and onwards, as it is updated from the 1980 edition. He also dealt with this in his journal Mekabtzeal (25: 45-59). R. Hillel definitely saw what Benayahu writes on the topic but he does not credit him at all.

[4] For more on this see Ivan Marcus in Rituals of Childhood (Yale, 1996) and in his Jewish Lifecycle (Washington, 2004).




The Origins of Hamentashen in Jewish Literature (Revisited)

The Origins of Hamentashen in Jewish Literature: A Historical-Culinary Survey Revisited*
By Eliezer Brodt

I. Introduction

As Jews, most of our holidays have special foods specific to them; and behind each culinary custom, lays enveiled the reasoning behind them. Shavuot brings with it a vast array of customary dairy delicacies – in some parts of the world, cheesecake is practically obligatory – not to mention different customs in regard to how and when to eat them. Rosh Hashanah in renowned for the different fruits and vegetables eaten as physical embodiments symbolizing our tefillot; Chanukah has fried foods (no trans-fats please); whether latkes sizzling in the frying pan, or the elusive Israeli sufganiyot (jelly doughnuts) seen for a month before but not to be found a minute after Chanukah’s departure, and on the fifteenth of Shevat a veritable plethora of fruits are sampled in an almost ‘Pesach Seder’-like ceremony. Of course, on Purim we eat hamentashen.

Hamentashen. Those calorie-inflated, Atkins-defying, doughy tri-cornered confections filled with almost anything bake-able. The Mishpacha reports that this year in Israel alone, an astounding 24.5 million hamentashen will be sold, weighing 1225 tons, and yielding an approximate 33 million NIS in sales.[1] The question that many will be asking themselves is “where did this minhag to eat hamentashen come from?”

Recently I started researching this topic; thus far (and I hope to find more) my results are as follows.

II. Origins

The earliest source I have located so far can be found in the first Jewish comedy called Ztachus Bedechusa Dekidushin. This play was written in Hebrew by Yehudah Sommo (1527- 1592) from Italy. He was a friend of R. Azariah Men Hadomim and is even quoted in the Meor Eynamim (at the end of chapter eighteen). This comedy was written for Purim as he writes in the introduction:

הוא ספר חדש מדבר צחות אשר בדה מלבו פ’ בימי בחרותו לצחק בו בימי הפורים ובשעת חדוה

In one of the scenes the following conversation take place:

יאיר: אם בדברים כאלה אכפרה פניו, כבר יש לי קושיא אחת אשר ייעפו כל תוספי התורה להתירה, כי הנה כתוב במגלת פורים “ויתלו את המן” ובפרשת בלק נכתב בפירוש “ויאכלו בני ישראל את המן”. ואיך יאכלו היהודים הנשמרים מכל רע את נבלת התלוי ההוא ואל הכלב לא ישליכו אותה?

יקטן: גם זה ראיתי אני וכבר תרץ הקושיא הזאת רב בלעם בן בבי בשם אביו: כי מה שאמרה התורה “ויאכלו את המן” היא אזהרה וציווי לנו שנאכל בימי הפורים האלה מאזני המן – הן המה הרקייקם הנעשים בסולת בלולה בשמן, וזהו שאמר אחרי כן “וטעמו כצפיחית בדבש”.

יאיר: יפה פירוש בן ביבי זכור לטוב!

Professor Schirman who printed this play from manuscript notes that רב בלעם בן בבי is the name of one of the characters in the Massekhet Purim of R. Kalonymus ben Kalonymus. [2] In connection with Yehudah Sommo’s play, it is possible to understand an engmatic statement in the Tishbi. Specifically, R. Elijah Bocher writes:

ערך “מנלן”- מנלן להמן מן התורה שנאמר ויאכלך את המן, גם זו מלה מורכבת מן ב’ מלות אן ולן
R. Yeshaya Pick in his notes on the Tishbi asks, the Gemarah in Chulin which asks this same question has a different source for Haman min Hatorah where does the Tishbi get this Chazal from? He suggests that maybe he had different chazal which we do not have. However in the new edition of Tishbi they printed notes of R. Mazauz who suggests that it is highly probable that there was no such Chazal rather the Tishbi was referring to the famous lezunuot about eating hamntashen. This suggestion is all the more probable after seeing the words of Yehudah Sommo in his play written a little after the Tishbi.[3]

The next source I have located is in the poetry of the brothers Yakov and Emanuel Pranosish (1618- 1703) in one piece [4] they write:

אמנם נזרק העט ונקצר ענינים,

כי יום פורים זה בא, נכין לו מעדנים,

נכין מרקחות ממתקים מכל מינים,

נגדיל אזני המן מאזני השפנים,

Ben-Yehudah, in his dictionary also cites to a manuscript excerpt of a Purim comedy penned by R. Yehudah Aryeh de Modena, where he is supposed to mention this food Hamantashen.[5]
Mention can also be found in some liturgical parodies [6] from the seventeenth-century, where it includes references to eating hamentashen:

שתו אכלו אזני המן

Thus, from the above, it seems that the original word was aznei Haman the name Hamantashen only came later.

In an 1846 cook book called The Jewish Manual by Lady Judith Cohen Montefiore we find a recipe for “Haman fritters.”[7] R. Barukh ha-Levi Epstein, in his Mekor Barukh, relates the following interesting anecdote which highlights the importance his grandfather placed on eating hamentashen:

One year in the beginning of the month of Adar he [my grandfather] noticed that the bakeries were not selling hamentashen. When he inquired as to why this was so, he discovered that there was a shortage of flour. He promptly went ahead and gave the biggest bakers in the city a large sum of money to enable them to buy flour to bake hamantsashen.[8]

In a nineteenth-century Lithuanian memoir again the import of hamentashen is apparent. The author recalls that “my sister spent the day preparing the baked delicacies of Purim. Most important were the hamentashen.”[9] R. Michael Braver in his excellent memoir of Galicia written in the mid 1800’s also describes the sending of Hamantashen on Purim. [10] A. S. Sachs in his memories on shtetl life notes that his “grandma would add a Haman-tash for the kiddies” in the meshloach manot.[11] Chaim Hamburger also mentions the baking of Hamantashen on purim in his memoirs. [12]. Professor Simha Assaf, in an article describing Purim, also writes that people made special foods called hamentashen.[13] Shmarya Levin recollects in his autobiography with great detail the hamentashen:

The much-loved little cakes, stuffed with nuts and poppy seed, which are called ‘Haman’s ears’ – sometimes ‘Haman’s pockets’ – had been prepared for us in vast numbers. Their shape alone was a joy. They were neither round, like rolls, nor long, like the loaf; with their triangular shape they were like nothing else that we ate during the year. The stuffing was made of poppy-seeds fried in honey, but there was not enough of it, so we used to eat the cake cagily, in such wise that with every mouthful we got at least a nibble of honeyed poppy seed.[14]

Similarly, David Zagier in his memoirs of Botchki writes about his childhood there: We commemorated Purim . . . Lesser Miracles came in the wake of the Purim miracle . . . the invention of Hamentashen, the best cakes one could dream of, all poppy seed and honey (p. 69).[15] We also find hamentashen being eaten in Amsterdam[16] and Jews from Bucharia, as well, make אזני המן, similar to hamentashen. [17] לאה אזני המן מנין is a comedy listed in Avraham Yari’s bibliographical listing of comedies.[18]

III. Other possible early origins for Hamentashen

As we can see, the custom of eating hamentashen is widespread and common from at least the 16th century. In fact, R. Shmuel Ashkenazi pointed to some sources which may demonstrate that hamentashen were eaten even earlier. Ben Yehuda in his dictionary claims that as early as the time of the Abarbanel (1437-1508), hamentashen were consumed. The Abarbanel, discussing the food which fell from heaven, the mon, describes these cakes as:[19]

וצפיחית הוא מאכל הקמח מבושל בשמן כצורת צפחת המים הנאכל בדבש והוא כמו הרקיקים העושים מן הבצק כדמות אזנים מבושלות בשמן ויטבלו אותם בדבש ויקראוהו אזנים

This sounds like our hamentashen although there is no reference to eating them on Purim. But R. Ashkenazi pointed out to me that if this is the source, you might then be able to suggest that hamentashen was already eaten much earlier, as this piece of the Abarbanel is word for word taken from R Yosef ibn Kaspi who lived several hundred years earlier (Kaspi was born in 1298 and died in 1340)!

Another possible early source for our Hamentashen could perhaps be found thru the words of Emanuel Haromi. In Machbres Emanuel [20] he writes:

מה אומר המן? לכל זמן

וזרש? לא תקלל חרש!

And then again:

ואם אמר: ארור המן וזרש! ישיבון: אל תקלל, דוד, לחרש!

Dov Yardan when he was preparing his excellent critical edition of Machbres Emanuel composed a list of statements of Emanuel that Yardan was unable to locate sources for. One of these was this line regarding Haman’s deafness. Yaran suggests that this maybe this has to do with why we eat aznei Haman! And maybe that is also tied to the banging and using of gragers when we say Haman name. [21] Interestingly Dov Sadan also writes in his youth he used to hear that Haman was deaf.

So to conclude it seems from all this that the original word was aznei Haman the name Hamantashen only came later and earliest origins are from Italy. [22]

IV. Ta’am ha-Hamentashen

Irrespective when the custom of eating hamentashen began, the question we need to now explore is why hamentashen, what connection do hamentashen have with Purim?

Hayyim Schauss explains that in actuality the origins of the hamentashen are not Jewish, rather, we originally appropriated them from another culture. He explains that “the hamentashen are also of German origin. Originally they were called mohn-tashen, mohn meaning poppy seed and tashen meaning pockets and also signified dough that is filled with other food stuffs. The people therefore related the cake to the book of Esther and changed the mahn to Haman [due to its similarity]. In time the interpretation arose that the three cornered cakes are eaten because Haman wore a three cornered hat when he became prime minister to Ahasuerus. The three corners were also interpreted as a symbolic sign of the three patriarchs whose merit aided the Jews against Haman.”[23]

Another reason offered for eating hamentashen also deals with the meaning (more correctly a pun) of the word – hamentashen, because Haman wanted to kill us out and Hashem weakened him, preventing him from doing evil to us. Thus, the treat is called המן תש (Hamen became weakened). Eating these pastries is representative of our faith that the same result will befall all our antagonists.[24]

The next reason offered by Menucha u-Kedusha has to do with the pastry itself, more specifically, how the filling is hidden. Until the events which occurred on Purim, the Jews were accustomed to open miracles like those in their battle with Sisra, whereas the Purim miracle appeared to be through natural events – only Mordechai knew that this was a miracle. To remember this, we eat pastries that the main part – the filling – is hidden in the dough, similar to the miracle which was hidden in nature. The filling chosen was specifically zeronim (seeds – poppy seed – mahn) to remind us of Daniel having eaten only seeds (and not non-kosher food) while in captivity at Nevuchadnezar’s court. Furthermore, according to this source the triangular shape also has meaning. The Talmud (Megillah 19b) records a three way argument from where to start reading the megillah. As the halakhah is to follow all three opinions and start from the beginning, we cut the pastries in triangular shape to symbolize our accordance to all three opinions. Another reason mentioned in Menucha u-Kedusha for the filling is based on the writings of R. Moshe Alsheikh, who states the Jews did not really think they were going to get completely wiped out until Mordechai finally convinced them so. The possibility arises that Mordechai was afraid to keep on sending out letters, so pastries were baked and the letters hidden therein. These pastry-letters saved the Jews; in turn we eat filled pastries. This reason is a bit interesting for itself, but what is even more interesting is that he never calls the pastries hamentashen.[25] A possibility might be kreplach, meat filled pockets boiled in soup, but the theory is unlikely as kreplach are not something special eaten exclusively for Purim – we eat it other times such as Erev Yom Kippur and Hoshana Rabah.

R. Yaakov Kamenetsky offers yet another reason for eating hamentashen on Purim. As we eat the hamentashen and eating is a form of destroying the item being eaten. Therefore, in eating hamentashen, we are fulfilling the commandment (figuratively) of destroying Amalek we are eating Hamen.[26]

Yom Tov Lewinsky and Professor Dov New both suggest that the reason for eating the hamentashen is because the custom in the Middle Ages was to cut off the ears of someone who was supposed to be hung,[27] to remember that we eat pastries from which a part had been cut off. Another point mentioned both by these authors is an opinion that the filling in the pastries [this is specific to poppy seeds] is in remembrance to the 10,000 silver coins that Haman offered to contribute to Achashverosh’s coffers.[28]

Aside from the general merrymaking on Purim, there is also a long tradition of written fun. Specifically, since the famous Massekhet Purim of R. Kalonymus ben Kalonymus (1286-1328), there have been many versions of these type of comedies written throughout the ages. One such was R. Avraham Mor, Kol Bo LePurim (Lemberg, 1855), which is a complete sefer all about Purim written to be humorous. Included therein is a question regarding changing the way hamentashen should be made from a triangle to make them square shape! He answered that it would be terrible to make hamentashen square. If the hamentashen are square they would have four corners which in turn would obligate the attachment of tzitzet like any clothes of four corners.[29]

One last interesting point in regard to hamentashen can be found within Prof. Elliott Horowitz’s recent book-length discussion related to Purim[30] where he notes that as recent as 2002, a Saudi ‘scholar’ Umayna Ahamad al Jalahma claimed that Muslim blood can be used for the three cornered hamentashen.[31] Horowitz also notes that in middle of the Damascus affair in 1840, a work from 1803 was discovered which claimed that Christian blood was used in the ingredients for Purim pastries.[32] Again in 1846, Horowitz writes that “on the holiday of Purim it was claimed the Jews would annually perform a homicide in hateful memory of Haman, and if they managed to kill a Christian the Rabbi would bake the latter’s blood in triangular pastries which he would send as mishloach manot to his Christian friend.”[33] In 1938 the Jews were once again accused of murdering an adult Christian and drying his blood to be mixed into the triangular cakes eaten on Purim.[34]

Thanks to Rabbis Y. Tessler, A. Loketch and Yosaif M. Dubovick, and the two anonymous readers, for their help in locating some of the sources.

* This article has been heavily updated from last year’s version with many important additions and corrections.

Notes
[1] Mishpacha (27 Shevat 5767), 30.
[2] This play was printed for the first time from manuscript by C. Shirman in a critical edition in 1946 and than reissued by him with additions in 1965. This piece with the quote of aznei Haman can be found in the second edition on page 67. This particular passage was also reprinted by Shirman in his Letoldos Hashira vHadrama Haivrit, 2, pg 52-53. Shirman includes a nice introduction and background on Yehudah Sommo printed in both these places.

This play is the first known play performed for Purim. From this time period and onwards we have a very rich literature of plays and musicals. They were performed especially on Purim but on other occasions such as Simchas Torah and weddings (Shirman, Ibid, pp. 63-67; 80 -85). To be sure these plays were also met with opposition most notable by R. Samuel Abhuv [See, Shu”t Davar Shmuel, siman daled and Shirman, ibid pg 47, 56]. This is the one and the same that was against Meschtas Purim and cross dressing. However, it could be there was not so much out rage against it as the Rabonim felt it was a lost battle or the lesser of two evils to go to ones of Gentiles. Of the many play writers some were very famous gedolim most notable the author of Ikrei Dinim, R. Moshe Zechuto and the Ramchal. This whole topic has been dealt with very much in depth by C. Shirman in his Letoldos Hashira VHadrama Haivrit, 2, pgs 44-94. On the Ramchal see: Shirman, ibid, pg 84-85 and 161-175.

This era in Italy was followed by a long period of Yiddish plays many of which were collected by C. Shmirk. Until today in many circles especially yeshivas plays are performed on Purim. In Europe some of the plays were performed by the bochrim to raise money for themselves. In many memoirs we have accounts of how much the masses enjoyed these plays. Just to list a few of the very many sources on this topic. See the accounts in Pauline Wengeroff, Rememberings: The World of a Russian-Jewish Woman in the Nineteenth Century pp. 31- 32; A. S. Sachs, Worlds That Passed, pp. 232-234 ; Zechronot Av Ubeno, p. 356.

On purim plays in general much has been written see: Israel Abrahams, Jewish life in the Middle Ages, pgs 260- 272; H. Pollack, Jewish Folkways in Germanic Lands (1648-1806), pp. 184- 190 and 332-335; Sperber, Minhagei Yisroel,6, p. 201 who writes this was from outside influences; M. Breuer, Ohele Torah, pp. 418-419; E. Horowitz, Reckless Rites, pp. 84-87;
[3] New edition of Tishbi p. 162.
[4] Printed in Kol Shirei Yakov Pronsish p. 363. On these brothers see the Introduction printed in this edition. See also: C. Shirman, Letoldos Hashira vHadrama Haivrit, 2, pp. 57, 138.
[5] Though I was unable to pin-point the comedy, it might be the one called La Reina Esther; see Mark R. Cohen, The Autobiography of a Seventeenth-Century Venetian Rabbi: Leon Modena’s Life of Judah (Princeton University Press, 1988), p. 235. This play was written in Italian and is extremely rare. Recently Marina Arbib wrote an excellent article called ‘The Queen Esther Triangle: Leon Modena, Ansaldo Ceba and Sara Copio Sullam’, printed in the book Aryeh Yeshag pp. 103-135. See also C. Schirman, Letoldos Hashira vHadrama Haivrit, 2, p. 55.
[6] Israel Davidson, Parody in Jewish Literature (New York, 1907), p. 193.
[7] Lady Judith Cohen Montefiore, The Jewish Manual (London, 1846)
[8] R. Barukh ha-Levi Epstein, Mekor Barukh (vol 1, p. 974)
[9] Pauline Wengeroff, Rememberings: The World of a Russian-Jewish Woman in the Nineteenth Century, ed. Bernard Dov Cooperman, trans. Henny Wenkart (University Press of Maryland, 2000), p. 29.
[10] Zechronot Av Ubeno, p. 24.
[11] A. S. Sachs, Worlds That Passed (Jewish Publication Society of America, 1928), p. 229.
[12] Shlosha Olmos, 3, p. 22.
[13] Simha Assaf, Sefer Hamoadim, p. 29.
[14] Forward from Exile: The Autobiography of Shmarya Levin, ed. and trans. Maurice Samuel (Jewish Publication Society of America, 1967).
[15] Botchki, p. 69.
[16] Minhagei Amsterdam p. 149 # 12
[17] Yalkut ha-Minhagim, pg. 210
[18] Hamachazeh Ha-Ivri, p. 76 n.654.
[19] Parashat Beshalach, end of chap. 16; [This source is also quoted in the Otzar ha-Lashon ha-Ivrit, however the editors simply describe it as a “phrase from the Middle Ages” (vol 1 p. 59).] When I first wrote this suggestion from R. Askenazi, R. M. Honig pointed out to me that it is more likely that they were referring to Sufganyuos as it is evident from the words of Rav Mamion the father of the Rambam where he says:

אין להקל בשום מנהג ואפילו מנהג קל. ויתחייב כל נכון לו עשית משתה ושמחה ומאכל לפרסם הנס שעשה השם יתברך עמנו באותם הימים. ופשט המנהג לעשות סופגנין, בערבי אלספינג, והם הצפחיות בדבש ובתרגום האיסקריטין הוא מנהג הקדמונים משום שהם קלויים בשמן לזכר ברכתו (כלומר לנס שבפך שמן)

(See my earlier post on this). This could be further supported with the words of Emanuel Haromi in Machbres Emanuel where he writes (p. 168):

בכסליו… ואחרת תבשל הרקיקים, וצפחית ומעשה החבתים.
This could be another early source for Sufganyuos. However in light of these words of Yehudah Sommo where he says:

לנו שנאכל בימי הפורים האלה מאזני המן – הן המה הרקייקם הנעשים בסולת בלולה בשמן, וזהו שאמר אחרי כן “וטעמו כצפיחית בדבש”.
So it could very well be that the Abarbanel and Kaspi were referring to Hamantashen.
[20] Machbres Emanuel pp. 109, 169. According to this that the possible source for eating aznei Haman comes from Emanuel Haromi! It is not clear if he had a source from Chazal for this statement that Haman was deaf as much of what he says is based on Chazal. However there is a good chance that this was just a joke of his. This would not be the first time that a joke of his became accepted in our regular literature. R. Askenazi pointed out to me one such example in the Tur Al Hatoroah, Bresheis (pg 7) where he writes as follows:

ויאמר האדם האשה אשר נתתה עמדי הוא נתנה לי מן העץ ואכל. לפי הפשט שהכתני בעץ עד כי שמעתי לדבריה.
The source for this is really Emmanuel Haromi (pg 400) where he writes:

ויגש העשרי ויאמר: אמר נא, פלא יועץ מה רצה הכתוב באמרו היא נתנה לי מן העץ והיה לו לומר מפרי העץ, לפי הנראה ועתה אמר נא, בחסדך מה פרוש בו אתה רואה? ואען ואמר: חייך, ידידות נפשי! פרוש הפסוק הוא: היא נתנה לי מן העץ על ראשי ודכאה לארץ חיתי עד שאכלתי על כרחי, שלא בטובתי.

R. Askenazi noted that this pirish which was meant as a joke was accepted by many besides for the Tur amongst them the Moshav Zekanim R. Yakov Meveinia.
[21] Yedah Haam, 3, p. 70.
[22] See the excellent article of Dov Saden printed in his work Shay Olomos (pp. 25-38) on the development of this word hamantashen, based on an incredible wide range of sources. This piece helped me find some of the rather unknown sources. See also Yehudah Avidah in his work on Yiddish Foods ‘Yideishe macholim’ pp. 46-49. See also Dov New, Machanaim (# 43) and the recent issue of the Kulmos (#60) p. 17.
[23] Hayyim Schauss, The Jewish Festivals (Random House, 1938; Hebrew, 1933), p. 270. The source for the first reason can be found in Judah David Eisenstein, Otzar Dinim u-Minhagim (New York, 1917), p. 336, and for the last reason in Yitzhak Lifshitz, Sefer Ma’atamim (Warsaw, 1889), p. 86.
[24] Avraham Eliezer Hershkowitz, Otzar Kol Minhaghei Yeshrun (St. Louis, 1918), p. 131. See also R. Cohen in his book Puirm VChodesh Adar, pp. 116-117 and R. Kamile, Shar Reveun, p. 206.
[25] R. Yisrael Isserl of Ponevezh Sefer Menucha u-Kedusha (Vilna, 1864), pp. 271-72.
[26] Yaakov Michoel Jacobs, Bemechitzas Rabbeinu: Hagaon Rav Yaakov Kamenetzky, zt”l (Feldheim, 2005), p. 142.
[27] Yom Tov Lewinsky, Sefer Hamoadim (pp. 153-154); Dov New, Machanaim # 43. New quotes a piece from Yashar which I have been unable to locate on this topic if any one knows its location please be so kind as to let me know. This source is also quoted by Ben Yehuda in his dictionary under the entry aznei.
[28] Ibid.
[29] R. Avraham Mor, Kol Bo LePurim (Lemberg, 1855), pg. 6. See Israel Davidson, ibid. pg 234-235, #191.
[30] Elliott Horowitz, Reckless Rites: Purim and the Legacy of Jewish Violence (Princeton University Press, 2006)
[31] Ibid, p. 9.
[32] Ibid, p. 218.
[33] Ibid, p. 219.
[34] Ibid, p. 228.