I neglected to mention one other book that was just published. The book Dimyon Areyeh was originally printed in 1616 in Prague, this was the only edition until now. This book is addressed to those of Nikolsburg who were leinient in regards to Stam Yayin. This practice had been justified by R. Moshe Isserless (Rema) in his teshuvot which were subsequently removed in many editions. However, many questioned this practice this book, Dimyon Areyeh, is one of them. There is a nice introduction about the author, R. Yehudah Leib Pisak, and collects what little we know about him. It also discusses some of events and history about the stam yayin controversy. The type has been reset and includes new footnotes throughout. Additionally, it includes the Kuntras Pesak B’Inyan Taknot HaKehilot from R. Shmuel ben David Moshe haLevi author of Nahlat Shivah (which according to this publisher lends support to the Dimyon Areyeh). It is interesting that this was its original title but was removed (for no reason) in later editions of the Nahlat Shivah. Also in at least one edition of the Nahlat Shivah there are no real haskomat (m’ta’am ha’kamut) in a effort to shield those giving the approbation from criticisim which was leveled against the book. It is the Berlin 1763 edition.

If one wants to read more about the Rema leiniency see Asher Ziv’s edition of the Teshuvot HaRema no. 124. For more on the removal of that teshuva see Ziv, pages 66-67 and now Y.S. Spiegel Amudim b’Tolodot HaSefer haIvri – Kitiva v’Hataka p. 273 (also see his footnotes for more on the controversy generally); Daniel Sperber Minhagi Yisrael vol. 2 56 note 26. And, of course, on this topic generally see Haym Soloveitchik, Yenam.

Finally, I should mention in light of R. Dr. Shlomo Sprecher’s excellent article in Hakirah, a book he relies upon heavily – R. Tertis’s Dam Brit – is available from Biegeleisen in copy format, albeit smaller than the original folio size but does include pictures of the “Tertis Apparatus.”

I have previously briefly mentioned a couple of problems with the new work Kuntress Ha-Teshuvot haHadash, now I would like to give a full review. First, I am no expert in the teshuva literature, that being said I was somewhat disappointed with this book.

The book first contains a long introduction into the teshuva literature in general. It discusses such topics as the importance of the literature, the pervasiveness or lack there of, as well as censorship in the teshuvot and different bibliographic topics. On this last point, the introduction discusses how, at the advent of printing, teshuvot do not seem to have been that important. They come do this conclusion by comparing amounts of other types of books printed during the same period with that of teshuvot. Books on other topics were printed in mass, while teshuvot made up only a very small portion of the books printed.

The introduction is fairly informative, although for much of this ground there are far better works out there (documented in the extensive footnotes), this does provide a basic understanding. Finally, there is a discussion about the book itself and what Boaz Cohen’s work (the predecessor to this one) is out to accomplish. This last topic is also covered in an English translation of the introduction, however, all the rest of the introduction is not translated.

The bulk of the book is devoted to the actual bibliographical entries of the teshuva books. This volume covers books with titles between aleph and lamed. But it is far from clear what exactly the standard for these entries are. If I had to categorize my main complaint with this, it would unevenness. That is, for some entries there is a significant amount of information such as some important teshuvot from that book, what other books discuss this one, and other points of interest. For other books with equally important and interesting teshuvot there is nothing.

So for Luach Eres by R. Jacob Emden (no. 1950) there is a long entry dealing with all the content of the work as well as others who he discusses and those who discuss the work as well. They also include articles on the book as well. This runs over three densely packed columns. The same is true for Eleh Divrei HaBrit (no. 222) as well as many, many others.

But for the book Har Tabor (no. 1129) which discusses the proper place of the bimah in the center of the synagogue there is no mention of any other books which discuss this topic, or any other books which disagree with this book either.

Another example, the book Be’ar Esek (no. 406) contains a teshuva about the R. Menacham of Fano and whether he had a beard. This teshuva was highly controversial and R. Yosef Erges, R. Moshe Sofer, and R. Eliazer of Munkatz all wrote about it. There is no mention of this teshuva in the entry nor is there any mention of the literature this teshuva spawned.

This last point, that at times they fail to reference other books about the one entered happens time and time again. Perhaps the most egregious example of this is the Divrei Iggeret by R. Menhem Steinhardt (no. 759). Although the entry does note this book contains a teshuva on kitnyot (he permits it) it doesn’t mention any of the books discussing this topic, e.g. Ashro Hametz (which has no entry at all), nor does it mention the teshuva from R. Moses Sofer against R. Steinhardt’s permitting kitnyot. Additionally, it doesn’t mention an article devoted to the book itself. Professor Judith Bleich wrote an article titled “Menahem Mendel Steinhardt’s “Divrei Iggeret”, Harbinger of reform” in the Proceedings for the World Congress of Jewish Studies 10 (1990): 207-214.

The next problem with the work is incompleteness. This is apparent in the entries as well as the bibliography provided. So some of the problems mentioned above are the worst, in that they don’t list anything about the book, at times even when they do they do a shoddy job. Already in my previous post I mentioned the poor entry on the organ. But there are numerous others. For instance, they have a fairly comprehensive entry on the book Hayi Olam (no. 1456) which deals with the issue of cremation. They discuss the content of the book as well as others who disagree with the author. They list other books dealing with the same subject matter as well. However, they fail to mention Michael Higger’s coverage (perhaps the most comprehensive) on this topic. (This appears in his Halakhot ve’Aggadot, 1933).

Or we have the entry for Modena’s works. Perhaps it is worthwhile to compare this entry with another. We first have the entry for the Zakan Ahron by R. Ahron Walken. As each entry includes biographical information and sources this entry reads “על המחבר ראה: דור רבניו וסופריו, ו, עמ’ 31-32; אהלי שם, עמ’ 201; אנציקלופדיה של הציונות הדתית, ב, עמ’ 175-177. וראה לאחרונה, אליעזר הכהן כ”צמאן, “נעימות התורה- הג”ר אהרן וואלקין אב”ד פינסק בעל בית אהרן, זקן אהרן, וכו'”, ישורון יא (תשס”ב), עמ’ תתצא-תתקד; יב (תשם”ג) עמ’ תשכז-תשלט.” So, for this we have three entries plus a recent article discussing the biographical details. Now we turn to Modena. For Modena we have the following: “על המחבר ראה “אריה ישאג – ר’ יהודה אריה מודינה ועולמו” and then provides the detail for that book. So we have one entry for Modena biography. So was Modena unknown? No, far from it, he wrote his own autobiography. There have been numerous articles on him as well as a full lengthy doctoral dissertation by Adelman. His autobiography is available in both Hebrew and English. The English version contain articles on him as well. But none of these are mentioned.

Now we get to omissions. The book Avot ‘Atrarah L’Banin (no. 4) contains, as the entry notes, an extensive teshuva on the permissibility of being photographed. It includes a list of Rabbis who had their photograph or more likely, their portrait done. This is all well and good. However, the entry leaves out perhaps the most interesting part, the author of Avot included a photograph (loose) of himself in the first edition. Thus, his teshuva was in a sense to justify his own practice.

There is no entry for the book Hadrat Panin Zakan which is a collection of teshuvot on beards. Nor is there an entry for the book Da’as HaRabanim which is two long teshuvot from R. Menachem Mendal Kasher and R. D. Polonski (Kli Hemdah) discussing women’s suffrage.

The editors claim this list only goes up to the year 2000. However, for some entries they include editions even after the year 2000. For R. Yehudah Herzl Henkin’s Beni Banim (no. 555) they include his fourth volume printed in 2004. However, for R. Teichtel’s Em HaBanim Semacha (no. 239) where there have been two recent translations which are different they do not include this. But again for R. Menachem Kasher’s Hatekufa haGedolah (no. 1144) (how this even qualifies as a teshuvah book is left unanswered) they include his 2001 edition.

Or we have the entry for the Helkat Ya’akov (no. 1496) where they note the first edition date and then the rest they claim are photo-offsets of the original. This is wrong. In the subsequent editions R. Herzog’s approbation was removed and thus they are not just copies of the original.

However, perhaps the answer to some of these shortcomings comes from the introduction itself. The editors explain how this work came to be. They explain that this was initially an “auxiliary tool for another project” a project on “Jewish education in the halakhic literature.” This is perhaps most telling. They are explaining to the reader that (a) they are not bilbiographers; (b) they did not initially set out to do this; (c) they are not experts in teshuvot. These shortcomings are apparent. This being said, it is important to recognize that this is a vast improvement over Cohen’s work and a welcome entry for Jewish biliography.

There is an excellent site discussing various issues with eruvin, many of them contemporary (especially in light of the seforim which have been published on the topic in the last couple of years, many dealing with the Brooklyn controversy). Today, he has the second part of his series on the St. Louis eruv controversy which includes a rather fascinating discussion regarding two seforim printed at the turn of the 20th century.

Both of those seforim are available online, if one is interested in reading further.

On the Main Line had a discussion regarding whether one should or should not follow customs based upon kabbalah. He brought up the custom of removing teffilin on Rosh Hodesh “before Mussaf.” However, what is facinating about this custom of removing the teffilin is that most people actually get it wrong. That is, according to just about everyone that discusses this one should not remove ones teffilin right before mussaf.

The first to address this custom in a meaningful manner was R. Azariah m’Fano, one the leading kabbalists of his day.

This is what one should do if they want to properly remove their teffilin on Rosh Hodesh. One should remove the teffilin right after shemoneh esreh and one should not wait until after u’va l’tzyion like other days . . . it is proper to remove them before one reads from the torah the portion discussing the mussaf sacrifice . . . and if one removes them before hallel this is even better . . . u’va l’tzyion on the day of Rosh Hodesh is really part of the mussaf . . . and it is wholly improper to wait to remove the teffilin right before one is going to start mussaf as this is worse than Yeravam who removed his teffilin before the king (Sanhederin 101b), there he only removed them in front of an earthly king but one who waits to remove his teffilin until right before mussaf is doing so in front of God.

Thus, R. Fano has two basic points. First, one should not wear teffilin for any portion of the prayers connected with Rosh Hodesh and therefore one should preferably remove them before hallel but at the very least before reading the Torah. Second, one should certianly not remove them right before starting mussaf as this is highly disrespectful to God.

R. Mordechi Yaffo, in his Levush also says that one should remove them before the reading of the torah. R. Eliyahu Shapiro in his Eliyahu Rabba and Zuta quotes R. Fano and agrees that one should not remove them right before mussaf. R. Karo in Shulchan Orakh just states that one shouldn’t wear them for mussaf but does not say when one should remove them. R. Moshe Isserles does the same. In fact, on Hol HaMo’ad, those who wear teffilin remove them not right before mussaf but instead before hallel.

So one may be asking themselves, well if everyone that disucsses when one should take them off says to do so much earlier than we do, how come no one does that now. And for that, we need to turn to R. Avroahom (hamechune Abeli) Gombiner in his Mogen Avrohom. The Mogen Avrohom cites a passage which is attributed to R. Issac Luria that one should wait to remove the teffilin until after the reading of the torah. Now, asute readers will realize that even according to this, one can still fullfill all the opinions (or close enough) and wait to remove the teffilin until after the torah reading but long before mussaf. However, again, most don’t do this, instead they wait until right before mussaf, right at the time R. Fano, no lightweight said one is disrespecting God.

So we now turn to the another passage in the Magen Avraham for the answer. There is a custom to have the teffilin on for 4 kaddashim and 3 keddusot (kedusha in yotzer, kedusah in Shemoneh esreh, and the kedusah of u’va l’tzion). So the question becomes what does one have to do on Rosh Hodesh. Does one need to leave the teffilin on for those kaddashim or because of these other reasons, namely the mussaf can one ignore that requirement on Rosh Hodesh. The Mogen Avrohom says that Rosh Hodesh is different than Hol haMo’ad and on Rosh Hodesh one can not ignore that requirement and therefore one must keep the teffilin on until after the kaddish following u’va l’tzyion.

But here is the issue with the Mogen Avrohom, R. Yeshaya Horowitz (Shelah) holds that really this requirement is switched and one only need 3 kaddashim and 4 kedushot (he counts barakhu as the fourth). So according to him, one has already gotten their three kaddashim after the reading of the Torah.

So to recap, in order for one to require removal of the teffilin right before mussaf one needs to ignore R. Fano (and others who follow him), and ignore R. Horowitz as well.

[As an aside, R. David ben Levi in his Taz says that one need not remove his teffilin at all. R. Joseph Baer Soloveitchik held that if one doesn’t have time to wrap them before begining mussaf one should follow the Taz and just say mussaf with them on.]

Sources and further reading: Shu’t Rama M’Fano no. 108 (reprinted in Siddur R. Shabtai Sofer, vol. 2 p. 238-39; R. Mordechi Yaffo, Levush, Orakh Hayyim, no. 25 (at the end) and no. 423; R. E. Shapiro, Eliayhu Rabba, Zuta on the Levush; R. Y. Karo, Shulchan Orakh, no. 423:4; R. M. Isserlles Rama, 25:13; Shulchan Orakh Ari”zal, no. 423; R. A. (hamechune Abeli) Gombiner, Mogen Avrohom, no. 25:28; id. at 30; 423:6; R. Nerelanger, Yosef Omets, no. 696; R. J. Kierchheim, Minhagai Vermisia, p. קפג; R. B. Hamburger, Gedoli HaDorot ‘al Mishmar Minhagi Ashkenaz, p. 102-03; R. Yom Tov Lippman Heller, Hilchot Teffilin, Ma’adeni Yom Tov. no. 74

Rabbi David Feldman, who is well known for his book on issues relating to Jewish law and the beginning of life (abortion, birth control etc.), has now published via Yashar Books, a book on end of life issues and Jewish law. This book covers such topics as reproductive technology, stem cells, organ transplants, suicide, and determining death. Although it covers such weighty topics it is a rather easy read. Rabbi Feldman eschews highly technical discussion and instead has opened the book for everyone. Each topic gets about ten pages of treatment and Rabbi Feldman lays out the basic principles underlying each of these issues.

He begins with an extensive introduction on pikuach nefesh which much of the subsequent discussions are premised upon. The book is a little over 130 pages, which means none of the topics are treated in great depth. However, as Rabbi Feldman states in the introduction his purpose was not to provide a comprehensive book on the topic, rather to give some general guidance on this hot button issues. In this area he succeeds. He does provide a very basic introduction to the topics and does provide some of the key sources. Consequently, one who reads this book will have the basics to further investigate these issues.

However, with this approach there are some significant draw backs. Rabbi Feldman, while stating what he feels the commentaries say, does not provide sources for these. He give almost no citations to any source he quotes (there are two exception to this, once he gives a citation to R. Feinstein’s responsum and once he gives a cite to a responsum from R. Moshe Sofer). For example, when discussing organ transplants he tells us the key responsum is from R. Yechezkel Landau (Noda Biyehudah) where he holds when the organ donor is “in front of us.” That is, on a simple level, one can only do a transplant when one has a ready person to accept the organ. Rabbi Feldman then goes on to discuss others who have applied this statement all without ever providing where R. Landau said it, nor where the subsequent discussion can be found. This seriously hampers any follow up a reader wishes to do or for that matter, to ensure Rabbi Feldman’s reading is the correct reading.

To be fair, Rabbi Feldman does offer that is one contacts him via email he will provide citations and additional sources, however, his email doesn’t appear anywhere in the book. Assuming these citations were omitted to enable easier reading, why they could not be included on a page or two at the end I do not understand. Instead, we are left to blindly trust Rabbi Feldman in his assessment of the sources.

Further, Rabbi Feldman is far from the first to write on these topics. Instead, a simple search of RAMBI one can see there are numerous articles on all of these topics, none of these are provided. While Rabbi Feldman is not obligated to cite the works of others, it is difficult to understand Rabbi Feldman’s claim that “the need to address [these issues] is both urgent and constant,” as these very issues have been already comprehensively discussed by many, many others.

Additionally, as I mentioned previously, this book does provide an excellent starting point for these discussions. We are bombarded with many who claim to know what the Bible says for these important topics, but most are blissfully unaware of what the Bible and more specifically Jewish law says and has said about these topics, this cures that. But, it is hard to say it will facilitate further discussion when one doesn’t know where to go next.

In the end, this book, in a clear and straightforward manner, if a bit curt, which provides the groundwork for understanding extremely important issues regarding the end of life and new technologies relating that implicate life and death.

Although the Megilah only lists mishloch monot, matnot l’evyonim, and reading the Megilah as the customs on Purim, many others have become accepted. Most are of the ilk of boofunery or merrymaking. From making noise to drinking in excess, all have become part of the Purim landscape. With these, however, there are some lesser known customs. What is perhaps of interest is that it seems that there are those authorities that permit much if not all of these types of customs, there are others who seem set on shutting down much of the Purim fun.

For instance, the Rabbi Judah of Minz permits cross-dressing on Purim. This is so, even though this runs counter to a law in the Torah prohibiting these actions. What is lesser know, is that R. Minz also permits mixed dancing on Purim as well. In the Taknot of Padua it says “we decree that no one is permitted to dance with a married woman, no man with any married woman, with the exception of Purim.” (emphasis added).

Rabbi Yehuda Herzl Henkin in his Beni Banim vol. 1 no. 37 (5), links the two statements of R. Minz. R. Henkin says, just as R. Minz permitted cross-dressing as it was done for the joy of Purim, he permitted the mixed dancing under the same rational. That is, the dancing was just an outgrowth of the joy and not for licetnioius purposes.

Or, in the Customs of Worms, they not only celebrated Purim on the day, on the Shabbat after Purim they celebrated with similar merrymaking. Including, after the Friday night prayers all the people would first go to the Rabbi for a blessing, and then proceed to the women’s section where the Rabbi’s wife “would place her hands on their heads and bless them.” Additionally, R. Hayim Yosef Azulai in his travelogue, Ma’agel Tov, records that the Jews in Amsterdam would party all night long on the Friday night after Purim.

Although R. Minz was a proponent of happiness and its outgrowth on Purim, there were others that did not view Purim in the same vein. Rather, they seem bent on outlawing as much as possible even on Purim.

For instance, R. Samuel Aboab takes issue with at least two such Purim customs. First, he says in his Sefer Zikhronot, an ethical work and published anonymously, that he was befuddled his entire life how R. Minz and in turn R. Moshe Isserles in his Rama could allow for cross dressing on Purim. He spends at least four pages to demonstrating why this is incorrect. He states even if R. Minz is correct he should have kept that to himself. This is not his only negative opinion regarding Purim. In his responsa, Devar Shmuel, he says it is absolutely prohibited to read or even own the parody Mesachat Purim. He says any such copies should be destroyed.

Another person who looked with askance on the merry making was R. David ben Shmuel haLevi (Taz). He first follows the ruling of his father-in-law, R. Joel Sirkas (Bach), that cross-dressing is prohibited. R. Levi then also states in the law of Tisha B’av, that the prohibition of filling ones mouth with joy, is applicable even at at wedding and even on Purim.

So it seems that just as in society at large there are those who dislike the merrymaking on Purim, this is reflected in the Halakhic authorities as well. And conversely, there are those that viewed the merrymaking as a positive thing and therefore permitted many other things in connection with that merrymaking.