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.




New Book on Weddings

Now, with the passing of Tisha B’Av and the three week period, we now enter the wedding season. Appropriately, there is a new book on the laws and customs of weddings. The book, Beyom Chasunaso, by R. Zev Cinamon, is in English with Hebrew footnotes. The book is highly readable and covers just about every practical aspect of a modern Jewish wedding. There is a discussion about untying knots, the recent emphasis on praying under the Chuppah, removing jewelry and the list goes on. The book does a very good job of distinguishing which customs and laws are obligatory and well-accepted and which are not. Thus, for example, the custom of praying under the Chuppah with long lists of names or having singles go under the chuppah after the ceremony, R. Cinamon notes that this is a new custom and carries with it some possible halakhic problems. Or he discusses the custom some have of singling out the wedding witnesses to the exclusion of all others and why one would do that.

The footnotes are all in Hebrew as has become common in a growing number of English Judaica books. The notes, while not comprehensive do provide ample basis for one to look further into a particular topic. The English written in a very clear fashion which makes this accessible for almost anyone. It is also nice that each time a person is quoted, his birth and death dates are included which enables one to put the comments in perspective. Included are the opinions and customs of modern day rabbis including R. Joseph Baer Soloveitchik, R. Shlomo Zalman Auerbach, and R. Yisrael Chait of Far Rockaway.

The book can be purchased directly from R. Cinamon’s Yeshiva, Yeshiva Gedolah of West Hempstead by calling 516-882-3765 or emailing office@ygwh.org and indicating you want the book. The book is $12.




No more Bentchers: A Review of a Sefer Given as a Wedding Gift

No more Bentchers: A Review of a Sefer Given as a Wedding Gift
by Eliezer Brodt

A wedding carries with it many customs, one of which is an attempt to use this ceremony to disseminate Torah. There was an old custom in many communities for people to write poems in honor of the simchas chasan and kallah. Others even wrote plays in honor of the bride and groom. One example is the Ramchal who wrote the play Ma’ashe Shimshon (as well as other poems for various weddings). In other communities there was a custom for someone to say a derasha at the chasunah for the same reason (in certain circles this still exists). Recently a newer custom evolved to print a sefer and give it out at the wedding.

It used to be a plain old bentcher was given out at a wedding, some, wanting something more substantial than a bentcher began giving out siddurim or chumashim. Today, in many circles, a sefer of some sort is given out to the wedding guests. Some times it’s an old work of some old famous relative of the family that has never been printed before, other times is a reprint from a relative of one of the wedding parties work which had been out-of-print. Some times its it’s torah from the groom or from some family member that’s making the wedding. What’s even more interesting about these seforim is many times they never reach the stores even the famous Biegeleisen who generally gets close to everything printed (to some known as Gan Eden). The market for these seforim many times is very small so the family never bothers bringing it to any stores. [Although, recently, various works of R. Reuven Margoliyot were reprinted for a wedding. It seems these were more widely disseminated as the republication forced Mossad HaRav Kook to reprint the works and to note that, according to them, the wedding reprint was a violation of their copyright.] The only way one gets the sefer is by being at the wedding or knowing someone who has been there. Other times it’s just pure luck – somehow one gets lucky and stumbles upon it. It’s a shame that a complete bibliography of such works can not really be written because there is no way to know all the works that have been published for these occasions.

A few months ago I was at the wedding of a good friend. As is now commonplace, the guests received a sefer – more correctly a collection of seforim – at this wedding. What follows is a review of that wedding gift.

First, I can only refer to this work as Mazkeret Nisuin Yehudah Vyael Hershowitz (a keepsake from the wedding of Yehudah and Yael Hershkowitz) as no other title is provided. The sefer is a paperback and is one hundred and thirty six pages long. It includes a few parts some of which have never printed before. The book was edited by the groom – R Yehudah Hershkowitz. R. Hershkowitz has authored many articles some of which appeared in Or Yisroel and Yeshurun dealing with many areas of learning and history.

The sefer contains four sections: section one is the sefer Ashes Chayil from R. Avrohom Yagel, section two are Shelios Uteshuvot from R. Avigdor Kara, section three is the Mamar al targum from R.Yakov Ben Chaim (ibn Adonijah), and section four is a Kuntres from R. Noach Berlin. I assume the reason why he printed it in this order is because Ashes Chayil is the most relevant to the wedding and then the other placement is based on chronological order. Prior to each section R. Herskowitz includes an excellent historical introduction to the work which follows.

The first part is the sefer Ashes Chayil from R. Avrohom Yagel. This work has been printed a few times even at a chasunah in 1994 of Zvi and Sarah Friedman in this edition R Herskowitz reset the type, which had not been done in the prior reprint, and added some notes.

The author R. Avrohom Yagel has been discussed at great length by Professor David Ruderman in his book Kabblah, Magic and Science. R. Avrohum Yagel was born in 1553. He corresponded with many gedolim of the time, amongst them the Ramah Mepano and R. Mordechai Dato. He was highly respected by the Ramah Mepano. He wrote many works on all areas especially science, many of which are still in manuscript and await publishing. One of his seforim is called Gaie Chezyon this work has been recently reprinted in English and Hebrew by Professor David Ruderman. It is a highly original work written in the form of dreams dealing with many topics. Many aspects of R. Yagel’s personal life can be gleaned from this work.

Ashes Chayil was first printed in Venice in 1606 and is a commentary on the thirty-first chapter of Mishlei which contains the verse of Ashes Chayil . R. Yagel wrote this work in honor of a friend’s wedding. The main idea of the work is to discuss what the role of a wife in marriage, to fear and love god, fear and love her husband and not to sit idle. R. Yagel notes that these same attributes apply not only for marriage but also when serving God. In the work there are many interesting explanations to different aggados of Chazal. Besides for this he writes many practical pieces of advice relating to marriage. For example, he writes, how the wife should get up early to prepare the household needs (pg 36). He writes that her voice should not be heard outside (Pg 40). Another point he makes is she should be careful to dress in a ts’neius manner and not to dress up like many woman to impress everyone (pg 49-50).

The next section are the Shelios u’Teshuvot of R Avigdor Kara. These teshuvot are printed here for the first time from manuscript. Here too R. Hershkowitz includes an excellent historical background about R. Avigdor Kara and his times. Although not much is known about R Avigdor Kara, R. Hershkowitz includes a brief history as well as a listing of the writings of two of his contemporaries which help with R. Kara’s biography: R. Yom Tov Melehuzan and R. Menachem Shalem. They were all active on the beis din in Prague during the same time periods (approx. 1390-1439). Besides for this R. Yom Tov Melehuzan was involved in kabblah as many of his works show whereas R. Menachem Shalem was more involved in philosophy. R Avigdor Kara was somewhere in between them as he was involved with both areas. In one of the teshuvot printed in this collection we see how R Avigdor Kara struggled trying to reconcile contradictions between Kabblah and philosophy. In the end R. Kara writes that he was successful and felt that he was able to show that there were no contradictions between the two. Both R. Yom Tov Melehuzan and R. Menachem Shalem were close with R Avigdor Kara quoting him in their respective works. R Avigdor Kara wrote many works on all areas. Some were printed many others remain in manuscript. One work, the Sefer Hapliah (more on this in a future post) was attributed to him but as has been recently proven is certainly not from him. The Sefer Hapliah although many write it is from R Nechunyah Ben Hakonah (see the many sources R Hershkowitz cites) but Professor Ta Shema (see his Kneset macharim Volume 3) and others have demonstrated that it’s a much later work.

R Herskowitz was perhaps unaware of some more sources on R Avigdor Kara. R. Yididiah Tiyah Weil brings that R Avigdor made a golem (Levushim Levadim pg 37). There is a nice chapter on R. Avigdor Kara in the controversial book Hachasidus from R. Ahron Marcus (chapter 28). Another point R. Hershkowitz missed is that the Zemir Achud Yuchud is attributed to him . This song is sung in many circles when the chasun gets an aliyah and has been subject to an excellent article by one of the experts on minhagim, R. Hamburger in his Shorshei Minhag Ashkenaz (volume 3 Pg 373- 397). While these contemporary sources are not mentioned, R. Herskowitz does provide many other sources.

The teshuvos which are included in this volume are on some very interesting topics. He discusses davening to angels and in general what function they serve exactly in tefilah. This is another great source for the well-known discussion of Machnesei Rachamim which has been treated thoroughly in the classic article of R. S. Sprecher (Yeshurun, vol. 3, pp. 706-29). It is also an important source for the debate, recently restarted again on this blog, regarding Professor Marc B Shapiro book. Another teshuvah deals with a work of R. Avigdor Kara’s which we do not have called Even Sappir. R. Avigdor explains what this work was, it appears to be rectifying contradictions between Kabblah and philosophy. For both these teshuvot R. Hershowitz provides some excellent background behind these topics. One other (of the many) interesting points found in this section is a early source that one should remove ones shoes before entering shul. This subject has been treated by many, most recently by R. Yecheil Goldhever in his now classic Minhaghei Hakehilos (volume one pg 3-7).

The next section is the Mamar Al targum from R.Yakov Ben Hayyim. This Mamar was very rare and exists in less than five chumushim in the world. R. Yakov Ben Hayyim was the famous editor for the Bomborg publishers in Venice. Much has been written about Bomberg, but suffice it to say it played a very important role in the history of the printing of seforim. Many of the seforim printed in this printing house have remained the same layout to this day such as the Mikros Gedolos Chumash, Shas Bavli and Yerushalmi and Rambam. R. Hershkowitz has a nice discussion on how exactly did R.Yakov Ben Hayyim edit the seforim. One of the famous points of interest with R.Yakov Ben Hayyim is that he became a Christian, not much is known as to when and why. R. Hershkowitz wants to suggest an interesting possibility that R.Yakov Ben Adoneiah did not do so willingly but rather was forced. [The inclusion of R. Yakov and R. Yagel has another connection, in that R. Yagel was erroneously accused of converting to Christianity.]

The Mamar Al targum discuses many interesting things amongst them when was Targum Onkelos given and written. He also has a big chidish L’ehalacha that sh’naim mikra ve’achad targum needs to be done during K’reias hatorah.

The last section is a Kuntres from R. Noach Berlin. This kuntres was never printed before. In this section R Hershkowitz does not provide that much of a biography about R. Noach Berlin as he and a friend are currently working on another work of R. Berlin the Meyin Hachacmah (which we eagerly await). R. Noach Berlin authored many famous works amongst them the Atzei Arazim (on Shulchan Orach Even Ezer) and Aztei Almughim (on eruv chaserios and netlayas yadaim). R. Chaim Volozhiner writes that after the Gra died the only person he had to consult with was R. Noach Berlin. This kuntres is on the topic of woman doing semicha. While discussing this topic he goes thru many others (as was the style of learning in those days) and deals with woman and mitzvos aseh sheha’zman grama especially Tefilin.




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

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

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

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

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

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

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

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

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




Rabbi Adam Mintz: Rabbi Henkin and The First Heter Agunot in America

Rabbi Henkin and The First Heter Agunot in America
By Adam Mintz

The tragedy of the agunah, the woman who is unable to receive a get from her husband, has plagued the Jewish people since time immemorial. Rabbis and scholars throughout the centuries have contended with this issue in an attempt to free agunot to remarry. In the United States this issue was first formally addressed following World War I. European Jews soldiers, fighting on both sides of the war, were among those killed in battle. As soldiers are generally young, they often left childless widows who required a halitzah from the dead husband’s brother in order to remarry. A number of these brothers had immigrated to the United States where visas were difficult to acquire. Therefore, the Agudath HaRabbanim sent a letter to its membership in 1922 alerting them to this situation and offering assistance in helping these women acquire temporary visas to the United States thereby allowing these women to obtain a halitzah and to remarry.

With the growth of the American Jewish community in the early part of the twentieth century, Jews began to assimilate and the predicament of the Jewish wife whose husband had abandoned her to live with a non-Jewish woman became an ever increasing phenomenon.[1] Many rabbis attempted to free the Jewish wife to remarry, even though she was unable to find the husband and receive a get. Some of the solutions were based on broad institutional enactments, while others dealt with the problem on a case-by-case analysis. One of the principles underlying the foundation of much of this discussion is the halakhic status of civil marriages and of weddings performed by Reform rabbis. Rabbis Feinstein and Henkin disagreed about the status of these marriages and this disagreement played an important role in their view of the agunah problem. Understanding their particular views is vital for the understanding of the agunah issue and for the appreciation of the important roles that these two American rabbinic giants played on this issue.

Rabbi Henkin discussed this issue in a number of articles and teshuvot. His earliest treatment of civil marriage appears in a series of articles in Hapardes in 1934, where Rabbi Henkin argued that a civil marriage is considered a marriage according to Jewish law and that a get would be required to terminate such a marriage.[2] He explained that a couple is considered halakhically married even though they did not have a Jewish ceremony and do not intend to be married according to Jewish law. According to Rabbi Henkin, the validity of the marriage is achieved by the fact that the couple lives together as husband and wife. He added that the Jews who see them together as a couple satisfy the requirement of witnesses in establishing the halakhic status of the marriage. In an article in his book, Perushei Ibra, Rabbi Henkin explained the rational for his position through the comparison to a similar historical situation.[3] He quoted a fascinating responsum of Rivash, Rabbi Isaac ben Sheshet Perfet (1326-1408), communal rabbi in Algeria who had fled Spain following the anti-Jewish riots of 1391.[4] Rivash described that he was approached by a woman who had been a converso in Majorca. After she had escaped to North Africa she asked whether she could remarry even though she did not have a get from her first husband. She explained that she had been married by a priest after both she and her husband had been forced to convert to Christianity. After the marriage they had lived together as a married couple. The husband was not available to give her a get. Rivash decided in this case that the woman could remarry and did not require a get. Rabbi Henkin argued that Rivash’s case is unique as this couple was married by a priest and no longer lived among Jews. This situation, argued Rabbi Henkin, cannot be compared to the American situation where a man and woman are married by a civil authority and live together among Jews.

Rabbi Feinstein responded to Rabbi Henkin’s decision in a number of teshuvot in Iggerot Moshe. In the earliest teshuvah, dated June 28, 1959, Rabbi Feinstein argued that a civil marriage does not require termination via a get.[5] Rather, the couple can remarry even without a get. He explained that in the United States where people easily move in and out of relationships, the fact that a couple gets married in a civil ceremony and then lives together is not considered proof that they are married according to the halakhah. He relied on the precedent of Rivash and argued that American civil marriages can be equated to that situation of the fifteenth century. Interestingly, he wrote that even though the halakhah does not require a get, if it is possible for the wife to obtain a get she should follow the opinion of Rabbi Henkin and terminate the marriage through a get. It would appear that Rabbi Feinstein would agree that in a situation where the wife received a get she would not be able to marry a kohen.

Concerning a couple that was married by a Reform rabbi, Rabbi Feinstein wrote in a number of teshuvot that this wedding is not recognized according to the halakhah and a get is not required to terminate this marriage.[6] He explained that the only time the wedding would be valid is in a situation where there are two observant Jew who witness the ceremony. However, he claimed that even in that case the Reform rabbi often does not perform the marriage ceremony properly so the wedding would not be valid. Concerning the question of whether the fact that the couple lives together as husband and wife is a factor, Rabbi Feinstein wrote that a Reform ceremony is worse than a civil ceremony. A couple that gets married in a civil ceremony understands that this ceremony is not a Jewish one and that the fact that they live together binds them as a Jewish couple. However, a couple that is married in a Reform ceremony believes that this ceremony is a religious one and do not have the necessary intention of consummating the marriage when they live together. Nevertheless, he believed that if possible the woman should arrange to receive a get.[7]

In 1964, Rabbi Henkin wrote a letter to an unnamed rabbi who had ruled that a get is not needed to terminate a marriage when the ceremony had been performed by a Reform rabbi. Rabbi Henkin explained:

And the wonder of wonders, which makes one’s hair stand on edge, is that you are lenient regarding a marriage performed by a Reform rabbi. Is there really a need for an officiating rabbi? If a Jewish man says to a Jewish woman “you are mine” in front of witnesses, then she becomes his wife. And, if there are no witnesses at the ceremony, the fact that they live together as a married couple for many years is considered acceptable testimony. What difference does it make if the witnesses were Reform?[8]

Rabbi Henkin admonishes this unnamed rabbi that he must not allow other rabbis to rely on this incorrect lenient opinion.

Rabbis Feinstein and Henkin disagreed regarding both civil marriages and Reform ceremonies. While the issues are connected, they revolve around different considerations. Rabbi Feinstein looked at American society as a promiscuous one in which a man and woman living together did not reflect a relationship of commitment while Rabbi Henkin saw a more traditional society where relationships reflected commitment. It is fascinating that two Torah scholars who lived several blocks from one another could see American society so differently. The generation of rabbis and scholars who immigrated to the United States from Eastern Europe were forced to reconcile their recollections of the past with the realities of the present. That reconciliation took different forms for different rabbis.

It would appear that with regard to a couple married in a Reform ceremony, the differing rulings of these two Torah giants were based on their understanding of the Reform movement. Rabbi Feinstein believed that Reform rabbis were attempting to undermine halakhic Judaism and anything that they did was problematic and needed to be avoided. On the other hand, Rabbi Henkin, while rejecting the religious positions of the Reform movement, did not feel that the Reform rabbis were a threat to the Orthodox. Consequently he felt that whether a wedding was conducted by a Reform rabbi was immaterial. Rabbis Feinstein and Henkin disagreed as to the extent to which the Reform movement created a risk to the Orthodox movement.[9]

The positions of Rabbis Feinstein and Henkin had critical implications for the issue of agunah. According to Rabbi Feinstein, if a couple was married civilly or by a Reform rabbi and then the husband refused to give a get, the wife may remarry as this marriage is not considered halakhically valid. According to Rabbi Henkin, in such a situation, the woman would require a get. It would appear that Rabbi Henkin’s understanding of civil and Reform marriages stands as a serious impediment to the resolution of the agunah problem. However, in an article written in 1928, Rabbi Henkin alerted the community to the fact that he was very much concerned with the problem of the agunah and began by describing the current situation:

In the past few years the problem of the agunah has increased in Europe and here in America. This is a question that burns in the entire world as to what we can do for our sisters to save them from the chains of agunah when their husbands disappear…For this reason there have been leniencies suggested here [the termination of civil marriages without a get]. However, since we have proven that these leniencies have no basis in halakhah, these leniencies are really stringencies to destroy lives and such should not be done in Israel.[10]

According to Rabbi Henkin, since civil marriages require a get, to allow women to remarry without a get creates illegitimate children from the second marriage.

While Rabbi Henkin felt that this approach of terminating civil marriages without a get was not a legitimate one, he was deeply committed to trying to find an acceptable solution to the agunah problem. Accordingly, Rabbi Henkin was the first American rabbi to offer a proposal to solve the Agunah problem. This proposal was suggested in the above article written in 1928 soon after his arrival in the United States. Henkin noted that the problem of agunah, experienced by women whose husbands had disappeared or by women who were unable to receive the necessary halitzah, was “a daily occurrence,” and he made the following suggestion: at the time of the wedding the husband must authorize that a get may be written and delivered in the future. He must allow the get to be written to cover a number of situations including one in which the husband refuses to provide a get to his wife for three years. At that time, the claim would be brought to a central beit din (in the original proposal, he wrote that this should be the Jerusalem beit din) and, if the beit din agrees, then a get would be written even if the husband opposes the writing at that time. Rabbi Henkin called for this proposal to be discussed and voted upon in a meeting of rabbis and that if approved, it would remain the standard practice for fifty years.[11]

However, in 1930 a development impacted on Rabbi Henkin’s proposal before it had the chance to be acted upon. Rabbi Louis Epstein, a leading Conservative rabbi from Boston and the president of the Rabbinical Assembly and its Committee on Jewish Law, suggested that prior to every marriage, the husband should appoint his wife as an agent to execute a divorce on his behalf. Thus, if the husband disappears or refuses to grant the get, the wife can, in effect, divorce herself. In that same year, Rabbi Epstein published a volume entitled Hatza’ah Lemaan Takanat Agunot that attempted to prove the halakhic foundation for this proposal. In 1935, the Rabbinical Assembly, the rabbinic body of the Conservative movement, initially voted to accept this proposal.

In his volume, Rabbi Epstein described how he sent copies of his book to close to 1,000 rabbis asking for their opinions on his proposal. He explained that he received very few responses. While one of the letters was critical of his work, most of the letters were complimentary but argued that he could not proceed without the consensus of the leading halakhic authorities. He seemed encouraged by the nature of these responses inasmuch as they were not critical of his halakhic reasoning.[12] Among the letters that he received was a letter from Rabbi Henkin dated February 18, 1931. In this letter, Rabbi Henkin apologized for not having the time to study the book carefully. While Rabbi Henkin proceeded to make certain halakhic suggestions to Rabbi Epstein, the letter was in no way dismissive of his efforts. He even concluded the letter with the practical advice that if he wanted to send copies to all the rabbis of Europe as he proposed, it would become a very expensive undertaking.[13]

The Orthodox rabbinate responded to Rabbi Epstein’s proposal with disapproval and the Agudath HaRabbanim convened a meeting of rabbis during which various halakhic presentations were made arguing that Rabbi Epstein’s proposal was both impractical and halakhically unsound. In 1937, a volume was published by the Agudath HaRabbanim entitled Le’Dor Aharon which included correspondence from leading rabbis around the world opposing Rabbi Epstein’s proposal. In 1940, Rabbi Epstein published Le’Sheelat Ha-Agunah in which he attempted to support his view in light of the strong rabbinic opposition. The Orthodox rabbinate did not respond to this second volume and Rabbi Epstein’s proposal was never actually adopted in practice by the Conservative movement.[14]

Rabbi Henkin wrote an article that was included in Le’Dor Aharon.[15] In his lengthy essay, he explained his halakhic opposition to Rabbi Epstein’s proposal. Among other considerations, he concluded that it is nonsensical for the husband to appoint his wife to serve as the agent to write the get as she is the one who will be receiving the divorce.

Then he added:

“And I have already written that the reason that I have become involved in this battle is due to the fact that he [Rabbi Epstein] mentioned my proposal for the freeing of agunot … and I must escape from this comparison…My proposal was merely a suggestion and not meant as a halakhic decision…and when the volume Ain Tnai Be-Nisuin was published, I retracted from my position for even the greatest scholar has to follow the majority view.”[16]

Ain Tnai Be-Nisuin is a volume published in Vilna in 1930 by Judah Lubetsky, an Eastern European rabbinic scholar who served for many years as a rabbi in Paris. The volume was published in response to a decision by the Agudat Rabbanei Tzarfat in 1908 to allow a Jewish woman to remarry after a civil divorce based on a condition made at the time of the wedding that if the couple where to be divorced by the civil authorities then retroactively the original marriage would be nullified.[17] Rabbi Lubetsky collected letters from rabbinic scholars from around the world condemning this opinion and explaining that such a condition at the time of the marriage would not be valid and that the couple would still need a get.

Indeed, it would seem probable that in 1931 when Rabbi Henkin had written his initial letter to Rabbi Epstein he had not yet seen Ain Tnai Be-Nisuin and therefore did not reject Rabbi Epstein’s proposal at that time. By 1937, he had read Ain Tnai Be-Nisuin and felt compelled to both reject Rabbi Epstein’s proposal and to retract his own view. In the reprinted edition of Perushei Ibra, the pages that contain his initial proposal are bracketed with the words “hadru be” (I have retracted) written in the margin. While it is not clear whether this remarkable editorial decision was made by Rabbi Henkin or the editor of the later reprinted volume, it reflects both the seriousness and the sensitivity with which this issue was taken.

In the Iggerot Moshe, Rabbi Feinstein never made any reference to Rabbi Henkin’s proposal regarding agunot. While Rabbi Feinstein did not arrive in America until 1936 and may not have been aware of Rabbi Henkin’s proposal before it was retracted in 1937, Rabbi Henkin was well-known among Eastern European rabbis and his decisions would have been available to Rabbi Feinstein even before his arrival in New York.[18] However, there is another variable that must be considered to explain Rabbi Feinstein’s lack of reference to this proposal. Rabbis Feinstein and Henkin took different approaches to the attempt to solve the agunah problem. Rabbi Feinstein tried to free individual agunot as they approached him with their unique situations. As a posek, Rabbi Feinstein responded to individuals on a case by case basis and did not look for institutional policies. As a communal rabbi, Rabbi Henkin dealt both with individual cases and broad policies. His position concerning civil and Reform marriages was important for American Jewish life but did not impact on his institutional proposal for the resolution of the agunah problem. His agunah proposal was never enacted but nevertheless reflects the rabbinic approach that Rabbi Henkin embodied.

Rabbi Henkin’s proposal, although “officially” retracted, has been cited in halakhic literature since 1937. Rabbi Eliezer Berkovits, the foremost disciple of Rabbi Yehiel Yaakov Weinberg and a leading Jewish philosopher of the American Orthodox community, offered a resolution to the agunah problem in 1967 in a volume entitled Tnai Be-Nisuin u-ve-Get. In this volume he reviewed the history of halakhic literature concerning the validity of a conditional marriage and argued for the introduction of a conditional marriage to prevent the tragedy of agunah. At the end of the book, he referred to Rabbi Henkin’s retraction of his proposal in 1937. Rabbi Berkovits wrote “We revere Rabbi Henkin’s greatness and piety. Yet, one is not permitted to sway from the truth as it appears to him.”[19] Rabbi Menachem Kasher, in his critique of Rabbi Berkovits’ thesis, relied on the fact that Rabbi Henkin had rejected conditional marriages.[20] Rabbi Henkin, thirty years after he retracted his proposal, is still being utilized for both sides of this argument.

Finally, in an article in The Edah Journal in 2005, Rabbi Michael J. Broyde, an Atlanta-area rabbi, professor of law at the Emory University Law School and dayan in the Beth Din of America, offered a theoretical proposal to help free agunot. He explained that for the proposal to have any chance of acceptance among the rabbinic community it would need to combine three mechanisms into a single document:

“The three elements would be: conditions applied to the marriage (tenai be-kiddushin), authorization to give a get (harsha’ah), and broad communal ordinance to void a marriage (taqqanat ha-qahal)… Indeed, in the twentieth century alone, one can cite a list of luminary rabbinic authorities who have validated such agreements in one form or another, including Rabbi Yosef Eliyahu Henkin…”[21]

While this proposal is still only in the theoretical phase, Rabbi Henkin’s argument plays an important role in its formulation.

In the introduction to Perushei Ibra, Rabbi Henkin explained that he wrote this volume to correct the mistakes that have arisen in America in the area of marriage and divorce and to restore “the law to its proper foundations.”[22]

Rabbi Henkin’s innovation and courage continue to set a model in this difficult yet critical area.

Sources:
[1] One rabbi who tirelessly dealt with issues of husband desertion was Rabbi Shaul Yedidyah Shochet, author of the Responsa volumes Sefer Tiferet Yedidyah (St. Louis, 1920), where nearly two-thirds of the first volume relates to agunot and gittin. See Jeremy Bressman, “‘Hurled into a World of Freedom’: Marital Breakdown in the American Jewish Immigrant Community,” (unpublished seminar thesis, Columbia University, 2006), 18. I thank Menachem Butler for providing this source.
[2] Hapardes 8:6 (September, 1934): 3-4; Hapardes 8:7 (October, 1934): 7-10 and Hapardes 8:8 (November, 1934): 10-12, reprinted in Lev Ivra (New York, 1956), 12-20. For an extensive and well-researched analysis of the disagreement between Rabbis Feinstein and Henkin concerning both civil marriages and Reform ceremonies, see Norman Frimer and Dov Frimer, “Reform Marriages in Contemporary Halakhic Responsa,” Tradition 21:3 (Fall 1984): 7-39.
[3] Perushei Ibra (New York, 1943) pp. 87-117. Perushei Ibra was reprinted as the first volume of Kitvei Hagri’a Henkin (New York, 1981).
[4] Rivash, no. 4; For a brief discussion of this period, see Philippe Wolff, “The 1391 Pogrom in Spain: Social Crisis or Not?” Past & Present 50 (1971): 4-18.
[5] Iggerot Moshe (New York, 1961), Even Haezer I, no. 74.
[6] Iggerot Moshe Even Haezer I, no. 76.
[7] Iggerot Moshe, Even Haezer IV, no. 75.
[8] Hapardes 38:7 (October, 1964): 5-6 and reprinted in Kitvei Hagri’a Henkin vol. 2, pp. 123-125.
[9] Neither Rabbi Feinstein nor Rabbi Henkin discussed whether their decisions would be extended to a ceremony officiated by a Conservative rabbi. According to Rabbi Henkin there should be no difference. However, the question remains whether Rabbi Feinstein would have required a get to terminate a wedding officiated by a Conservative rabbi.
[10] Perushei Ibra, p. 110
[11] Perushei Ibra, pp. 110-117.
[12] Le-She’elat Ha-Agunot (New York, 1940), p. 16
[13] This letter can be found in Tzvi Gertner and Bezalel Karlinsky, “Ain Tnai Be’Nisuin,” Yeshurun 9 (2001): 888.
[14] See Moshe Meiselman, Jewish Women in Jewish Law (New York, 1978), 105-107, and Marc B. Shapiro, Saul Lieberman and the Orthodox (University of Scranton Press, 2006), 11-13, for various descriptions (and full documentation [!] in the latter source) of the events surrounding — and the Orthodox responses to — the Epstein proposal.
[15] Le’Dor Aharon (Brooklyn, NY, 1937), pp. 105-110.
[16] Le’Dor Aharon, p. 109
[17] The events leading to the writing of this volume are described in the introduction to Ain Tnai Be-Nisuin (Vilna, 1930), 11-15. According to a letter in the London Jewish Chronicle written by a longtime rabbinical judge on the London Beth Din, Ain Tnai Be-Nisuin first appeared in 1928. The reissued 1930 edition appeared in an enlarged edition with a new forward by Rabbi Hayyim Ozer Grodzensky. See Dayan Harris M. Lazarus, “Liberalism and Orthodoxy: The Problem of the Aguna,” London Jewish Chronicle (November 1, 1946), 11.
[18] Rabbi Aharon Kotler, who did not arrive in the United States until 1941, was aware and sharply critical of Rabbi Henkin’s proposal. See Mishnat Rabbi Aharon, vol 2 (Lakewood, NJ, 1985), no. 60. It is possible that Rabbi Kotler’s criticism influenced Rabbi Henkin’s decision to retract.
[19] Eliezer Berkovits, Tnai Be-Nisuin u-ve-Get (Jerusalem, 1967), p. 170.
[20] “Be-Inyan Tnai be-Nisuin,” Noam 12 (1970): 148. For a plethora of meticulous citations and a lucid description of the debate between Rabbis Berkovits and Kasher, see Marc B. Shapiro, Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg 1884-1966 (Littman Library, 1999), 190-192, especially the extensively researched footnote 83.
[21] Michael J. Broyde, “Review Essay: An Unsuccessful Defense of the Bet Din of Rabbi Emanuel Rackman: The Tears of the Oppressed,” The Edah Journal 4:2 (Winter, 2005): 17, available here.
[22] Perushei Ibra, p. 16.