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Website with Epherma Material on the Shmitta Controversy

The JNUL has an excellent site regarding the history of the Shmitta controversy. They have the materials divided by year and the materials contain broadsides and other important but difficult to obtain materials. The site is here.



New Volume of Rav Ovadiah Yosef’s “Hazon Ovadiah,” on the halakhot of the Four Fasts, the Three Weeks, Nine Days, Tisha B’Av, and Zekher le-Hurban

New Volume of Rav Ovadiah Yosef’s “Hazon Ovadiah:”
On the halakhot of the Four Fasts, the Three Weeks,
Nine Days, Tisha B’Av, and Zekher le-Hurban
by Eliezer Brodt
A new sefer just reached the seforim stores today, just in time for the three weeks. The newest volume of Chazon Ovadiah of the great gaon Rav Ovadiah Yosef. This sefer includes halakhot on a few areas: the halakhot of the Four Fasts, the Three Weeks (& Nine Days), Tisha B’Av, and halakhot related to Zekher le-Hurban, including going to the Kotel, etc. In the back there are hespedim which Rav Ovadiah delivered for various Gedolim amongst them R. Yitzchak Herzog, R. Zvi Pesach Frank and R. Shlomo Zalman Auerbach. Chazon Ovadiah is 577 pages and includes a very thorough index.

In the past few years we have been privileged to a complete encyclopedic collection on all the Yom Tovim from Rav Ovadiah Yosef. It all started many years ago when he wrote a set of seforim called Chazon Ovadiah on Pesach related topics. These seforim received impressive haskamot from many gedolim, amongst them R. Tvi Pesach Frank and R. Shlomo Yosef Zevin. It appears that this particular project was put on hold and Rav Ovadiah turned his attention to printing his Sheelot u-Teshuvot. Then, a few years ago he started printing his shiurim and notes on the sefer Ben Ish Chai. This resulted in an eight volume set called Halikhot Olam. Finally, after all that, Rav Ovadiah returned to the Yom Tov series, Chazon Ovadiah, starting with Purim than Hilkhot Yom Tov. He then continued with Pesach, Succot, Yomim Noraim and Chanukah. Earlier this year, Tu B’Shevat and Hilkhot Berakhot were printed. Thus far, the set is eight massive volumes. One only hopes that Rav Ovadiah continues this set with Hilkhot Shabbat.

Amongst the reasons why I recommend this particular set of seforim, even if one is not of sefaradic origin is as follows: Rav Ovadiah Yosef is world famous for his unbelievable memory resulting in a tremendous bekiut. [I once joked that he must have had someone develop some computer program and attached it to his brain to help him retain so much information and recall it at all times.] When one uses this work, as with all of his other works, one can find hundred of sources from the Rishonim to extremely obscure Sheelot u-Teshuvot on virtually every topic related to the Yomim Tovim. He even quotes many, very recent seforim. He covers many sugyot quite comprehensively, whereas others Rav Ovadiah simply brings down a few sources. Besides for all this, one has literally hundreds of pesakim of a great gaon on all of these topics.

All this results in making it an excellent reference for Rabbanim, Maggedei shiurim, interested laymen, and any one interested in researching any topic related to the Yomim Tovim. From all the many seforim which are printed every year on the Yomim Tovim, the entire set of Hazon Ovadiah is by far the most impressive in terms of its sources and information.

One interesting point I found in this most recent volume of Chazon Ovadiah was that Rav Ovadiah mentions in the introduction that he uses the highly ‘controversial’ sefer Hemdat Yamim [see here for Dan Rabinowitz’s post on Tu B’Shvat]. Rav Ovadiah justifies his use of this sefer, as many great Sephardi gedolim have used this sefer, ever since it was printed, so although the R. Jacob Emden comes out very strongly against Hemdat Yamim, Rav Ovadiah still quotes from it.




Daniel Sperber’s New Book – “The Path of Halakha”

As was noted in a prior post, Prof. Daniel Sperber has published another book – Darkah shel Halakha Kiryat Nashim b’Torah. As the title implies the main focus of the book is to discuss the permissablity of women being called to the Torah. Much has already been written on the topic, however, Prof. Sperber’s focus is distinct. He focuses on two aspects (aside from other halachic considerations) kavod ha’briyot and more generally, how halakha has adapted over time. In his inimitable fashion he marshals terrific sources – the footnotes contain a treasure trove of material. It is especially interesting to see, for instance, R. Yissocher Frand and Prof. Michael Silber cited in the same footnote.

The book, however, is not limited to the narrower issue of women and Torah reading but instead, there is an extensive discussion throughout regarding changes which happened throughout history in the halakhic practice. To clarify any ambiguity Prof. Sperber includes an appendix listing many laws from the Shulhan Arukh which are no longer practiced in the same manner as advocated by the Shulhan Arukh. He also has chapters or appendixes devoted to specific instances [interestingly, he doesn’t mention the tosafot, Moed Katan, 21a, s.v. elu which appears to support his thesis] where there have been changes in practice, including inter alia menstruating women attending the synagogue, the Bat Mitzvah ceremony, and even the inclusion of an ezras nashim (women’s section) in the synagogue. In this last one, we are provided with a terrific history of architecture of synagogues from the Temple period onward.

There are, however, a few places where, Prof. Sperber is not as comprehensive as he is in some of his previous works. While these are a mere handful of footnotes, nevertheless it is worth noting. For instance, in a note he discusses the issue of blowing shofar when Rosh Hashanah falls on Shabbat. While his sources are rather impressive, he misses (on purpose perhaps?) the Mo’adim l’Simcha’s discussion [although he does mention an entire work on the topic which I was unaware – Shofar b’Rosh haShana sh’Chal L’hiyot b’Shabbat, by R. Menachem Bornstein]. Or where he discusses the historic evidence of whether it is permitted to read the newspaper on Shabbat he mentions the controversy about the translation of R. Barukh ha-Levi Epstein’s Mekor Barukh which states the Netziv read the paper on Shabbat. Prof. Sperber doesn’t mention that there is now a entire book devoted to the topic, R. Y. S. Bifus, Mikrayei Kodesh HaKiryah haMutteres ve’haAssurah b’Shabbat, Jerusalem, 2003 (122 pages) as well as Rabbi Dr. Jacob J. Schacter’s article “Facing the Truths of History,” Torah u-Madda Journal 8 (2000): 200-273 [PDF]. These are minor points and should not take away from the whole of the book.

Of course, the ultimate subject matter is the propriety of women and reading the Torah. In this area, Prof. Sperber is very convincing. Again, the sources used are wide ranging. Irrespective of one’s views on the topic, there is much to gain by this book. In fact, whether one is even interested in the particular topic of women and Torah reading is really no matter, this book is worthwhile reading.

The book can be purchased at Biegeleisen books in the US, or it is published by, and can be obtained from, Rubin Mass in Israel.




Review – New Volume of Peskei Teshuvos on Mishna Berurah

Over the centuries, throughout our rich history, every time there has been a codification of halacha of any sorts there has been some opposition; the examples abound – the Rif who was opposed by the Bal Hamaor; the Rambam who was opposed by the Raavad. Even after that the Shach and Taz were also not accepted right away. One of the (many) reasons for this opposition was a fear of giving the law “to the simple people” who would then stop asking Rabbanim their questions as they could find the answers themselves in these works.

Another type of secondary source for halacha can be catagorized as likutim (collections). For example this catagory would include commentaries on the Shulchan Orach such as the Keness HaGedolah, Be’er Hetiv, and Sharei Teshvah. With these sorts of books there was an additional fear that the halachos might be not always be quoted correctly and people will fail to check the sources themselves. That fear appears prescient as in recent times many contemporary works err in the way they quote sources – making it almost impossible to even check the original sources. Some Gedolim even write in there haskamos on these works the author is a good person “but as this is a halachic work I can not back everything he says.”

An awareness of the above concerns is illustrated by the story surrounding the Shmiras Shabbas K’hilchasa. This sefer quotes literally thousands of pesakim of R. Shlomo Zalman Auerbach. After seeing the unexpected success to this sefer, R. Shlomo Zalman sat in a room a few hours a day for a few years and reviewed everything making sure anything quoted from him was one hundred percent accurate. This resulted in the third volume of Shmiras Shabbos K’hilchasa. Unfortunately, many works the authors themselves do not double check there own work let alone have a great person review it.

Today, there is no lack of books whose purpose is to be a repository of knowledge on a single topic. For instance, we have books devoted solely to the laws of washing one’s hands, how to bow properly (690 + pages), laws of lechem mishna (348 pages), the yarmulke (112 pages), and the list goes on. As it takes an almost heroic effort to write an entire book of hundreds of pages on but a single, minor topic, in most of the aforementioned cases, the authors indeed put forth a valiant effort to obtain anything and everything that, in the slightest way, remotely impacts on their selected topic.

Relatedly, there is another category of book, in which the author collects everything which discusses yet another book. The book that epitomizes this category of works is called Piskei Teshuvos al’pi Seder HaMishna Berurah (hereinafter “PT”). PT collects and addresses anything and everything which discusses the Mishna Berura. Just as the authors of the first category of books mentioned above go to great lengths, so too did the author of PT glean material from the most obscure sources on some of the most arcane topics.

At the turn of the century two excellent works were written almost the same time one on the whole Shulhan Arukh and one on just the volume of Orach Chaim. One is the Arukh Hashulhan and the other the Mishna Berurah. Each have their benefits (as will perhaps be discussed a different time) however, both were of great necessity as halacha is an endlessly complicated topic which, at that time, was especially evident. Before WWII the Arukh Hashulhan was much more widely accepted than the Mishna Berurah but after the war the Mishna Berurah became the more accepted one. What precipitated this change is unclear, some want to attribute it to the influence of the Chazon Ish who writes that the Mishnah Berurah is like the lishkas hagaziz etc. This is a rather ironic reason in that the Chazon Ish takes issue with the Mishna Berurah hundreds of times. Be that as it may today the more widely used work is the Mishna Berurah. There is even a Mishna Berurah cycle completing the whole Mishna Berurah every few years. However, as the years go by halakha has become larger especially with modern technology applications and the like, making it very hard for one person to master it all. The truth is throughout history there were various Gedolim that were experts in specific areas but not in everything – today such specialization is happening more and more.

As a result, R. Rabinowich came up with a great idea. He decided to put together all the newer sources according to the order of the Mishna Berurah. This idea of collecting the modern sources was actually one of the original goals of the Mishana Berurah as he writes in his introduction – to include all the recent literature from the seforim printed after the Sharei Teshuvah. R. Rabinowich’s work is the PT.

The first volume he released was on the laws of Shabbos. This first volume suffered a bit being the first born child. The sources were not that comprehensive and it did not cover many of the recent issues. The next volume, on the six volume of the Mishna Berurah, did get a bit better in the sources area. After that, the volume on fifth volume of Mishna Berurah came out here the sources got even better (as it much easier to put out a work on this volume thanks in part to the seforim Vayagid Moshe and Seder Arukh). After this he came out with a volume on the second volume of Mishna Berurah which he really out did himself on the sources. And recently the volume on first chelek on the Mishna Berurah came out.

The problem with this work is not that it does not have a wealth of information but rather one has to be careful to double check the sources to see if he quotes the pesak right and if he understood it.

So, thus far, five volumes of the PT have been published – the most recent, fifth volume covers volume one of the Mishna Berura. It is a very popular book. This latest volume was sold out in Israel within a week of publication and a distributor in the US ordered some 5,000 copies. R. Ovadia Yosef in a recent photograph in the Mispachah newspaper has a copy of the book on his table! This new volume of the PT weights in at a mere 995 pages. Readers may wonder how someone could write close to 1,000 pages on the first volume of the Mishna Berura alone? We now have our answer – it can’t be done.

The PT has a numerous flaws. First, the introduction. We are told that it is imperative to closely examine the words of the Mishna Berura because not doing so, “God forbid, could cause a person to err in the minutia of the laws and correctly interpreting them.” (p. 36). This statement is astounding. In the remainder of this volume’s introduction, there is no similar imperative to examine closely, or even cursorily look up, the many books the PT quotes. For that, we are expected to rely upon R. Rabinowich (the author of the PT) for his interpretations of the many, many books quoted – of course, he assumes that there is no need to double-check his work. However, if one were to go directly to Rabinowich’s collection without first reading the Mishna Berura, then one virtually is guaranteed to err. As we shall see, then, if one wants to avoid erring in a matter of law and its minutia, one should look up every single citation in the PT, as many are demonstrably wrong as will be explained below.

The PT instructs that when reading about unheard of laws, “one should make sure to test it logically.” (p. 37). So one would assume that the PT applied the same caveat when he was writing his book – unfortunately he does not. For instance, the PT informs us “that righteous and holy people have the custom [to wear a yarmulke] even when they are in the bath [mikvah] and only when they actually immerse do they remove it.” (p. 26). Or that it is a law that “one must close the door when using the restroom.” But, thankfully, the PT also informs us that “in cases that it is very dark or no one is around one can be lenient and not close the door.” (p. 29). Or, this gem, for example: one needs to wash his hands before invoking God’s name after “touching a Nochri, Yehudi Mumar . . .” but also, thankfully, that is “not an absolute obligation, [but that] one should be careful and strict whenever possible.” (p. 58). And this advice is vital, to be sure: one should not reveal more then necessary when using the bathroom – “however, that which is necessary not to soil oneself or the bathroom floor, or toilet” is permissible. (p. 28).

The PT also suffers from a lack of completeness. For example, the PT has a few columns on the custom of shuckelin (swaying) – but misses many of the sources. (p. 418) (See E. Zimmer, Olam k’Minhago Noheg pp. 72-113 for the sources). Or the entry related to the placement of the Ten Commandments in a synagogue (p. 17-18) — while the PT has a few sources, the bulk are missing. (See R. Goldhaver, Minhagi Kehilot (pp. 45-47) for a much more complete and balanced set of sources).

Next, we have the PT’s comments on the obligation to wear a yarmulke. The PT first quotes the passages in the MB, which in turn quotes the well-known opinion of the Turei Zahav, that not wearing a head covering is a halachic violation. The PT explains the violation is of the command be’chukosheihem lo sei’leichu. Unfortunately, the PT fails to cite anyone who disagrees with that opinion, including, most notably, the Vilna Gaon in his Biur haGra (Orach Hayyim, siman 8 – which is quoted in the famous first teshuva in the Iggeres Moshe). The PT does manage, however, to cite the same Gra to obligate a “complete covering of the head”?! (p. 24 n. 55). In addition, the PT does not cite, or even mention, R. David Tzvi Hoffmann’s view that follows the Gra. It is not only in this section that the PT appears to be blissfully unaware of the Gra’s view. Later in the book, where the PT discusses what someone should do if he prays by accident without a head covering, the PT makes no mention of the Gra’s view. (p. 719) Obviously, the Gra’s opinion on that topic is relevant, even if one were to hold that the Gra’s view is not optimal in the firs instance (i.e., in a post facto scenario, perhaps one can rely upon it).

Not only is the section on yarmulkes lacking in very important sources, it also completely distorts history. The PT makes the amazing statement that one must wear a yarmulke which is “noticeable” and, furthermore, that “this is what all Jews have done forever, in every generation.” (p. 24-25). This is absolutely not the case. There is a long history of even well known rabbis not wearing yarmulkes (or head coverings) at all, let alone ones that are capable of being seen from all sides. One example is a well known portrait of R. Hirsch. In that portrait, R. Hirsch appears bare headed. Of course, there are two possibilities – that he is actually bareheaded or that he is wearing a wig which gives the impression that he is bareheaded (and thus not complying with the PT’s requirement that a yarmulke be a “noticeable covering”). In either case, then, the PT’s absolutist claim is wrong. Not only is the PT’s ruling contrary to historical sources, it is erroneous with respect to halachic sources as well. There are numerous other examples where people either did not wear noticeable head coverings or they went completely bareheaded. Although the PT doesn’t have know about R. Hirsch, he should know that in fact R. Moshe Feinstein explicitly allows for someone to wear a non-obvious head covering. R. Feinstein allows for the wearing of a toupee which (if one has a decent one) will not be obvious.

In support of the position that one must wear a “noticeable covering,” the PT explains (p. 24 n. 57) that this understanding is premised on the prohibition of women wearing wigs. His “logic” is that because both women and men have obligations of head coverings, what is mandatory for one gender, must be for another. Although the PT cites to some sources holding that a wig is insufficient for women, as everyone knows there are many other opinions – as evidence by common custom today – which permit women to wear wigs. No such sources are cited or mentioned in the PT.

There are other similarly misleading statements throughout the PT. For example, the PT discusses the custom which some have to recite L’Shem Yichud prior to performing mitzvoth. He says that “as there are deep secrets in this recitation, there are some who disapproved of this custom . . . [H]owever, this custom has been justified and if Jews are not prophets, they are sons of prophets.” (pp. 63-64). This gives the erroneous impression that the concerns of those who disapproved of such recitations are no longer an issue. The source for this idea, inter alia, is the Siduro shel Shabbos. (p. 63 n. 21). It is correct that that sefer does justify this custom; however, many authorities, both before and after the Sidduro shel Shabbos, have strongly held it is inappropriate to recite this formulation. In no way did that sefer settle the issue.

The PT claims there is a tremendous obligation to wash one’s hands right after getting out of bed even before putting his feet on the ground – he notes a failure to comply is punishable by death. (pp. 5-8) First, he says that this stringency is based on the Zohar(which we do not actually have) , however, he failes to mention that it doesn’t appear in the Gemara or early poskim. Furthermore, buried in a footnote in passing he cites to the Gra who said that after the death of the Ger Tzedek the particular ruach ra which produces the stringency of the washing is no longer present. Nor does he even quote the Sheti Yados (already highlighted by the Hatam Sofer in his notes on Shulchan Orach) that one should not take the death penalty idea literally.

The PT also discusses the issue of reciting partial verses of the Torah and rules that this is not a problem “as it is already known that we are not concerned to split sections and even verses we find many times.” (p. 243) To whom is the PT referring (by use of the word “we”)? Indeed, there are some people who maintain the custom to not split verses. Most famous, perhaps, is the statement of R. Hayyim Volozhin regarding the veZos HaTorah passage when showing the Torah to the congregation.

Aside from misleading statements, there are some statements in the PT, out of which I can make no sense. For example, the PT discusses whether to use a patach or tzerei for the first two words of kaddish. (p. 506). He records that in R. Emden’s siddur and in the Siddur haRav, there is a patach, but “in all the other siddurim it is with a tzerei.” (Id.). First, what does the PT mean by all? Did he check every single siddur, both in published and in manuscript form? Or does he mean the siddurim at his shul or that he had on his bookshelf? Readers are left to guess because the PT does not elaborate further. Similar ambiguities (e.g., statements like “most siddurim”) abound. In any event, the PT is 100% wrong. In historical terms (i.e., how the siddurim vowalized the words in question), the custom up until the 18th century was to have a patach. (For a listing of the siddurim and the history see my article in the latest Ohr Yisrael).

Another example of this type of misstatement is in the PT’s discussion about praying where a married woman’s uncovered hair is visible. First, the PT states “we find that many achronim are lenient in this matter.” But, he then continues: “however, the majority of achronim” disagree. (p. 600). Who is the majority? Is the PT referring to contemporary persons or historic achronim (the period generally is considered to extend from approx. late 15th early 16th century until today)? Additionally, those in the “minority” include R. Moshe Feinstein, the Ben Ish Chai, the Oruch haShulchan, the Seridei Eish – and those are just the ones listed in the PT. Perhaps there are cases where usage of the term “majority” is appropriate but what about when there are such distinguished authorities in the “minority?”

Another example of the necessity to check the PT’s sources is the entry relating to the use of musical tunes whose origins were not Jewish. There, the PT misquotes the Kerach shel Romi. The PT says that even the Kerach shel Romi holds when a tune is specific to idolatry, then it cannot be used. (p. 470 n. 209) But, if one looks up the source, that sefer actually says the opposite.

The above represent some of the issues in the latest volume. I have not gone over the entire 995 pages with a fine tooth comb, but I have no doubt that there are numerous other examples of the kind discussed above. The biggest problem with the PT is, in fact, as Dayan Weiss states in his approbation: that the PT “has lovingly been accepted among klal yisrael.” [He also states that he greatly enjoys the PT.] While it is admirable that people are interested in expanding their knowledge, such efforts should not be at the expense of quality. This appears to be a clear case of trying to make available as much as possible irrespective of the content. Moreover, what is particularly troubling about the above discussed examples is that the PT consistently highlighting either chumrahs or outlandish and dubious “laws.” Relatedly, it seems that the PT’s the errors of omission always manage to omit out sources which would temper or obviate some of the more stringent statements found in the PT. This displays an ideological bias in favor of stringencies over leniencies (or in many cases over actual historical practice).

* I want to thank R. Eliezer Brodt for writing the introduction to this post.




Important New Book from the Ba’alei haTosafot

What follows is a press release from Ofeq Institute regarding their new book

תוספות ר”י הזקן ותלמידו

וראשוני בעלי התוספות על מסכת שבת Tosafot R. Isaac b. Samuel of Dampierre (Ri the Elder) and early Tosafists on tractate Shabbat edited for the first time from MS Guenzburg, Mos 636 with references, notes and comments by Rabbi Avraham Shoshana Rabbi Yehuda Amitai Shoshana Volume I Introduction · Chapters 1-6 · Indices This is a unique collection of the early Tosafists, a treasure trove of first-generation Tosafot from France and Germany. Published for the first time from Guenzburg Manuscript 636, considered by scholars to be the most important manuscript extant in the world today, especially in the field of Tosafot literature. The collection includes Tosafot Ri ha-Zaken and his disciple and first-generation Tosafists, such as RIBA, R. Porat, Rashbam, Rabbenu Tam, etc. [Volume II of this collection, to be published shortly, will include Tosafot Ri ha-Zaken and his disciple on chapters 7-17, and the Tosafot R. Yehuda Sir Leon of Paris, and Tosafot Riva, written by his disciple, R. Moshe b. R. Yoel Zaltman of Regensburg on the remainder of the tractate.]

This collection of Tosafot preserves complex and novel material which served as the foundation for the redaction of all later collections of Tosafot on Tractate Shabbat. As proven in the scholarly introduction to this volume, Rishonim, such as Ramban, Rashba, Ritva and Tosafot Harosh, used these very Tosafot or a close genre. The author was a disciple of Ri ha-Zaken who transmitted his lectures in the Yeshiva and wrote down verbal exchanges he had with his mentor dealing with complex matters. Aside from his mentor’s Torah, the author included material from earlier Sages of Tosafot, such as Rabbenu Tam, Riva, Rashbam, Rabbenu Porat, etc. Another outstanding feature of this manuscript is the outstanding and profuse glosses (gilyonot) that accompany it. These glosses were intended to serve as supplementary material. They are drawn mainly from the early Sages of Ashkenaz. It may be said with certainty that there isn’t one passage in this collection that does not introduce novel ideas which open up new vistas for the understanding of the vast Tosafot literature and matters relating to Tractate Shabbat. All in all, this is an outstanding discovery of great consequences to rabbinical literature.

The volume is accompanied by source references, comparisons to Tosafot literature and other Rishonim, notes and expanded illuminations, which comprise a comprehensive commentary to the entire work. The volume also includes a substantial scholarly introduction dealing with the manuscript provenance and its contents, the identification of the authors and an analysis of first-generation Tosafot in general. The discovery of Tosafot of Rabbi Yehuda Sir Loen of Paris included in this manuscript, is a first and a delightful surprise.

The volume provides detailed indices. They include index of sources of the work itself, sources discussed in the notes, and an index of subjects classified by topics. Edited by Rabbi Avraham Shoshana and Rabbi Yehuda Shoshana 58 + 479 double-columned pagesAvailable now at Biegeleisen’s in Boro Park. It will have wider distribution after Pesach in bookstores or directly from Ofeq Institute.




Eliezer Brodt: Review of Halikhot Shlomo, by R. Shlomo Zalman Auerbach

Review of Halikhot Shlomo, by R. Shlomo Zalman Auerbach
By Eliezer Brodt

There is a well known joke which claims that some gedolim have actually been “writing from their graves.”[1] The most famous person to be “guilty” of this charge is R. Moshe Sofer (Hatam Sofer) as he printed nothing[2] in his lifetime and yet we have volumes and volumes of his Torah on literally every area and – to this day – they continue to be published.[3] Obviously, all of this material has come to light through his own notes and those of his many students.

Non-Republished works of R. Shlomo Zalman Auerbach

Another such person, who has had a similarly prolific posthumous literary output – although he did publish Torah novella in his own life time – is R. Shlomo Zalman Auerbach (1910-1995). After his death there has been a printing explosion of his writings covering all topics, including reprints of everything he has ever written! The only works of his not to be reprinted are two amazing works: the Meori Aish – a classic study on electricity and muktzah – and his Madeni Aretz on Shevi’it, as these two works have connections to one of the more controversial gedolim of the past century, R. Avraham Yitzchak Ha-Kohen Kook. As the Meori Aish has a haskamah from Rav Kook and the Madenei Aretz deals at great length with Rav Kook’s views on Shevi’it.

Halikhot Shlomo

For this post, however, I would just like to limit my focus to one of these recent works on R. Shlomo Zalman Auerbach — Halikhot Shlomo.

A few years ago R. Aron Auerbach and R. Y Terger started to print this work. It was printed by Feldheim for a rather low price. The first volume began with Hilkhot Tefilah and Berakhot. After that, they published a second volume discussing the Yom Tovim starting with Rosh Hashana until and including Purim. (Last year they released a limited edition of the Pesach section.) And this year, the third volume has just been published, completing the Yom Tovim, on Pesach and the rest of the year. The goal of this work is to collect everything spanning the gamut of R. Shlomo Zalman’s halakhic interests related to these topics of Tefilah, Berakhot and the Yom Tovim. These volumes are all well organized, culled from all the printed sources and from incidents recorded by his various students. Aside from these sources, they used many manuscripts and notes of R. Shlomo Zalman which have remained unpublished until this point. They try to reference exactly where everything came from; but, at times, this too becomes a bit confusing. The sefer has a nice layout the top part contains the statement of R. Shlomo Zalman, as well as his reasoning for the various pesakim. In the extensive footnotes, the editors demonstrate the breadth of where everything comes from. Sometimes they cite other sources on the topics under discussion. They also include many interesting stories, statements, and anecdotes of advice that R. Shlomo Zalman gave to different people. In addition to all this they include many interesting discussions of R. Shlomo Zalman on Aggadah. At the end of each volume, there is a collection of some lengthier pieces on relevant topics. Besides for all this they included a very thorough index assisting the interested reader in finding almost anything mentioned throughout in the sefer.

I would just like to quote a few interesting discussions from each volume for examples of what makes this work so special as there are literally thousands of gems scattered throughout this work.

Halikhot Shlomo, vol. 1

While talking about having perfectly squared tefillin, R. Shlomo Zalman says that its good enough if, according to viewing it with your eyes and that you do not have to measure the tefillin with a ruler. He than goes on to say – at great length – that the Torah goes according to ones eyes for everything including examining for bugs and checking etrogim (Halikhot Shlomo 1:53, and the footnotes therein).

On the topic of chumrot he writes that one should not just be machmir because he feels like it. Instead, such a position should be reached from one’s own understanding of the topic and that, in this instance, it is in fact the correct position. He contrasts this with the tendency, which can be attributed to many chumrot, which is a result of only utilizing secondary sources and not focusing on the primary sources. He goes on to write that he was very bothered when he would see people walking on shabbat and their wives would be pushing the baby carriages because the man held for himself it was prohibited to use an eruv. He writes that when he was young he was machmir and did not rely on the eruv but, when he got married, he was mater neder (annulled his vow) to be able to help his wife (Halikhot Shlomo 1:55).

Elsewhere they record, that R. Shlomo Zalman once met a chattan walking to shul without a shomer so he accompanied him until he got a shomer. R. Shlomo Zalman explained his actions that already the motzei shabbat before one gets married he is already called a chattan in regard to this that he needs a shomer (Halikhot Shlomo 1:63 1). He writes that a matmid is not one who learns many hours in the day but rather it is someone who learns set times carefully keeping them everyday (Halikhot Shlomo 1:67 2). He writes that a mourner can learn hilkhot aveilut in-depth during the week of shiva (Halikhot Shlomo 1:75 3). Also included is an interesting and in-depth step-by-step teshuva process (Halikhot Shlomo 1:77 4).

At the end of this volume, the editors printed a very interesting piece on the topic of saying ר’ פלוני בן ר’ פלוני – specifically the use of the Rabbi appellation – when calling someone up for an aliya at kriyat haTorah. R. Yosef Zechariah Stern writes that one should not say the title Reb because it is a problem of גבהות in front of God. R Shlomo Zalman, however, defends this custom at great length as we find everyone uses this title. He explains that the reason for its usage was because there are many different prayer customs that Chazal made to go against the tzedukim (צדוקים) to show that we have the Torah – both written and oral. So too, in the times of the Rishonim, there were people who denied the historicity of torah shebal peh, and these individuals were called Karaites; whereas the more-traditional sect of Jews were called Rabanim, and this is why when we call someone to the Torah we say “Reb” to show that he is not a karaite (Halikhot Shlomo 1:370-373; also included, in short, in the third volume, Halikhot Shlomo 3:33- 34).

Halikhot Shlomo, vol. 2

Some interesting points from volume two include: The famous topic of the prayer Machniseh Rachamim and how can it be said as it appears that we are praying to the angels. R. Shlomo Zalman responds to this concern and explains that one can pray to an angel if it is his job to carry the prayers – that is his job! Further, this is why one can sing the song Shalom Aleichem on Friday night as we are only asking them to do their job. However, he said the nussach which appears in kiddush levanah “כשם שאני רוקד כנגדך וכו’ כל לא יוכל כל אויבי לנגוע בי לרעה” makes it appears as if we are praying to the moon and is a mistake! Instead, it should read כשם שאני רוקד כנגדה (Halikhot Shlomo 2:4). When asked which kavonot one should have during the blowing of the shofar he said just that the Torah simply says to blow shofar! (Halikhot Shlomo 2:24). Another interesting idea is that R. Shlomo Zalman did not bless people with sticking out his hands except on very infrequent occasions. He quoted R S Alphandrei that there is no source for giving ones hand in chazal but rather its chukat hagoyim! (Halikhot Shlomo 2:10). At the end of the sefer include, as well, is a very interesting selection as to why the holiday of Hoshanah Rabbah, as a day of judgment or not, is not mentioned in the Torah (Halikhot Shlomo 2:428-434).

Halikhot Shlomo, vol. 3

The third volume of Halikhot Shlomo is the largest thus far, comprising over six hundred pages with many, many interesting and fascinating pieces.

Just to list a few: R. Shlomo Zalman writes that it’s very important to learn Masekhet Moed Koton and Hilkhot Aveilut as well, even though the Hatam Sofer (and others) said that one should not learn it (Halikhot Shlomo 3:439). On Tisha B’Av, R. Shlomo Zalman would read books about the Holocaust (Halikhot Shlomo 3:440). There is also an interesting discussion about the reason of the Mishneh Berurah as to why we eat dairy on Shavuot (Halikhot Shlomo 3:380-381). In regard to Pesach there is an amazing original piece as to why the bechorim (first born) fast on Erev Pesach. R. Shlomo Zalman writes that if it is solely due to the fact that the bechorim were saved from death, then all of the descendants of the bechorim should also fast – not just bechorim! (The answer is a bit more complex and includes several other components to this answer, as well.) To this, R. Shlomo Zalman says that the reason for the fast is not for the fact that they were saved but rather it was because the bechorim were supposed to do the avodah in the Beit Hamikdash, but that they lost it due to the sin of the Golden Calf. So on the fourteenth day of Nissan when they came to the Beit Hamikdash and they saw the kohanim and levi’im doing the beautiful avodah they felt very sad so they did not eat. So they decided to make a day to remember this as there was one time they were able to do this – when Hashem skipped over the houses and to atone for the Golden Calf which caused them to lose this great job (Halikhot Shlomo 3:179-180).

In sum, the Halikhot Shlomo is an excellent work and all in all, I feel that this is a beautiful work and well worth the money.

Sources:
[1] Upon hearing this aphorism, one cannot help but reflect on the passage in the Talmud: “R. Yohanan said in the name of R. Shimon bar Yochai: Any talmid hakham whose teachings are recited in this world, his lips move in the grave” (Yevamot 97a).
[2] Although the Hatam Sofer is the most popular target of posthumous publishing, in fact he did publish one work in his lifetime – although this is not well known. This is probably because his most famous work, his responsa volumes SHU”T Hatam Sofer, were published after he died. The Hatam Sofer died in 1839 and his teshuvot were not published until 1855. But, in the 1826 edition of the Hiddushei R”I Megash on Masekhet Shavout, there was appended a “Kuntres” which contains two Torah pieces and six teshuvot from the Hatam Sofer.
[3] For a discussion of the famous 1799 ruling of the Vilna beit din where they officially prohibited the ascribing any work to the R. Elijah, Gaon of Vilna which had not been personally sanctioned by that rabbinical body, see Gil S. Perl, “Emek ha-Neziv: A Window into the Intellectual Universe of Rabbi Naftali Zvi Yehudah Berlin,” (PhD dissertation, Harvard University, 2006), pp. 219, 226. Notwithstanding this prohibition, works ascribed to R. Elijah, Gaon of Vilna continued to appear for over two centuries. See also the introduction Yeshayahu Vinograd, Ozar Sifre ha-GRA (Jerusalem, 2003) for an extensive discussion surrounding the 1799 ruling of the Vilna beit din.