Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is a frequent contributor to the Seforim blog and his most recent posts are “Forgery and the Halakhic Process” and “Forgery and the Halakhic Process, part 2.”

The post below was written as part of “Forgery and the Halakhic Process, part 2,” which the baale ha-blog have split up for the convenience of the readers of the Seforim blog. As such, the footnotes continue from the conclusion of the previous post.

by Marc B. Shapiro

1. Some were not completely happy with an example I gave of an error in the Chavel edition of Ramban in a previous post at the Seforim blog. So let me offer another, also from one of Ramban’s talmudic works (since that was the genre I used last time). In Kitvei Ramban, 1:413, Chavel prints the introduction to Milhamot ha-Shem. The Ramban writes:

In his note, Chavel explains the last words as follows:

Yet what Ramban means by למתחיל פרק אין עומדין are the children who begin their talmudic study with Tractate Berakhot. In other words, it is only the explanations and pesakim of the Rif that are obvious even to the beginner that have not been challenged.[21]

Regarding the example I gave in my last post at the Seforim blog, I forwarded to R. Mazuz one of the questions I received, which dealt with the form of the verb אסף found in the Ramban:

He answered as follows:

I must note, however, that while R. Mazuz’ understanding of Ps. 105:25 is in line with the Targum, this is not how the standard Jewish translations understand the verse.

(Shortly before writing this, I read about the outrage taking place in Emanuel, where in the local Beit Yaakov Sephardi students are being segregated from Ashkenazim to the extent that the two are not even permitted to play together. The Shas party has referred to this as nothing less than Apartheid, which it surely is.[22] What’s next? Mehadrin buses where the Sephardim sit in the back? Of course, when this happens the justification given will once again be that Ashkenazim are on a higher spiritual level and that’s why they can’t sit with Sephardim, not that they are racist, chas ve-shalom.

I mention this because R. Mazuz has made a comment that is relevant in this regard. Speaking to Ashkenazim who like to imagine the tannaim as “white”, he has called attention to Negaim 2:1, where R. Yishmael states that Jews are neither black nor white, but in between. In other words, the tannaim looked like Sephardim.)

2. One of the e-mails to me stated that we Modern Orthodox types love to criticize Artscroll, but how come we never point out errors in the Rav’s works. I can’t speak for anyone else, and it is true that the Rav has now assumed hagiographic standing, meaning that it has become much harder to criticize him or point out supposed errors in his works. However, if I detect what I think is an error I will definitely call attention to it, and I believe the Rav would expect as much, for this is a sign that you are taking his writing seriously. If the Rambam could make careless errors (the focus of a large section of my forthcoming Studies in Maimonides and His Interpreters, available for pre-order on Amazon for only $8) then anyone can err, and it is no disrespect to call attention to these errors. There are actually a number of seforim which have sections in which they call attention to careless errors or things overlooked in the writings of various aharonim.

I understand why students of the Rav and his modern day hasidim might be reluctant to do so, but I never had any real relationship with him and can approach matters as an outsider. My only connection to the Rav was one summer in the Boston kollel (1985, the last year of the kollel. When I lived in Brookline in the 1990’s the Rav was no longer well). I was, however, privileged, together with Rabbi Chaim Jachter, to drive him back and forth to the Twersky’s house, and was thus able to hear some memorable things from him which I will record in a future post at the Seforim blog.

While on the topic of the Rav, let me also state that I used the Rav’s Machzor on Yom Kippur. I found the commentary uplifting and great credit must go to Dr. Arnold Lustiger for the effort he put into the volume. But there is one thing in the Machzor that annoyed me. It relates to what is called Hanhagot ha-Rav. This section includes all of the various practices of the Rav. This is certainly worth knowing and it wouldn’t have bothered me had it simply appeared at the beginning of the Machzor. But that is not the case.

Before I explain the problem, let me start with the following: A number of years ago I asked Prof. Haym Soloveitchik what the practice of his father was in a certain matter. His response was short and crisp. He told me that he never answers questions about his father’s hanhagot, and that to do so would be in total opposition to his father’s outlook.

I assume that today, if it was clear that my concern was of an academic nature, he would be more forthcoming. But back then I was another unknown kid writing to him trying to find some interesting practice of the Rav.

The way I understood Prof. Soloveitchik is that his father, like many gedolim, had practices that diverged from the mainstream. They came to these practices based on their original reading of the sources. Yet these were entirely private practices, reserved at most for other family members and perhaps some very close students. Because they went against the mainstream, they were not for mass consumption. Along these lines, R. Zevin reports, in his article on R. Hayyim Soloveitchik in his Ishim ve-Shitot, that it was such an outlook that explained why R. Hayyim did not want to decide practical halakhah. His original mind would lead him to overturn many accepted halakhot, yet he was not prepared to do so.

Returning to my problem with the Rav’s Machzor, we are told the following in this book: The Rav reversed the order of the final two phrases in the benediction ולירושלים in the Amidah, saying וכסא דוד מהרה לתוכה תכין prior to saying ובנה אותה בקרוב בימינו בנין עולם. This is the way the Sephardic siddurim have it, but certainly the Rav did not expect the entire Ashkenazic world to abandon their long-standing practice because of his practice. Yet when this paragraph (in minhah before Yom Kippur and maariv following Yom Kippur) appears there is a note telling people how the Rav read it. This is certainly encouraging people to abandon the Ashkenazic tradition in favor of the Rav’s reading. From all that I know about the Rav, this is not something he would have wanted.

Another example is that we are told that the Rav omitted the blessing הנותן ליעף כח as it is post-Talmudic. What possible purpose can such information have when provided on the page where this blessing appears, other than to lead people to omit the blessing? Is one to assume that the Rav really wanted people to reject the universal Ashkenazic practice? The Rav never got up at an RCA convention and told people that this is what they should do. Even at the Maimonides minyan and school there is no official minhag to omit this blessing. R. David Shapiro reported to me that almost all those who daven from the amud at the Maimonides synagogue minyan recite the blessing, and everyone does so at the Maimonides school minyan. Yet I wonder how many followers of the Rav are now omitting the blessing after seeing what appears in the Rav’s Machzor.

There are other examples, and as I said above, I don’t believe that this information should be secret. However, when you put it on the relevant pages of the Machzor, where the instructions to the worshipper are designed to be for practical application, you are telling people that if they see themselves as followers of the Rav, then they should follow his practices.

Since my correspondent made the false assumption that I would never point out an error of the Rav, and indeed almost challenged me, let me offer one. In Halakhic Man, page 30, in writing about halakhic man’s relationship with transcendence, the Rav writes:

It is this world which constitutes the stage for the Halakhah, the setting for halakhic man’s life. It is here that the Halakhah can be implemented to a greater or lesser degree. It is here that it can pass from potentiality into actuality. It is here, in this world, that halakhic man acquires eternal life! “Better is one hour of Torah and mitzvot in this world than the whole life of the world to come,” stated the tanna in Avot [4:17], and his declaration is the watchword of the halakhist.

I am not an expert in scholarship on the Rav,[23] so I may have missed it, but I have not seen any articles on Halakhic Man which call attention to the fact that the Rav has misquoted Avot. What the Mishnah says is “Better is one hour of repentance and good deeds in this world than the whole life of the world to come.” Also surprising to me is that the learned translator did not mention the problem with the Rav’s quotation.[24] Is it possible that the Rav’s intellectualism and “halakho-centrism” led him to unknowingly replace בתשובה ומעשים טובים with בתורה ומצוות?

While on the topic of the Rav, which is always of interest to people, let me note another error in the Rav’s writings, although this time the printer is at fault.[25] It has been reprinted a number times and the sentence has also appeared in translation. I realize that it is difficult to say that a text that appeared in the Rav’s own lifetime a few times without correction is a mistake, so I would love to be proven wrong. Yet it does seem that we are confronted with a typo. I would assume that the Rav never knew of the mistake, since people often don’t read their own material after it appears in print. In “U-Vikashtem mi-Sham”[26] the Rav writes:

Can there be any doubt that instead of הר”י the text should read רש”י?

R. Aharon Kafih, in his new book Minhat Aharon, 416, calls attention to a similar type of error in Shiurim le-Zekher Abba Mari, 1:14-15, n. 5 (I don’t have this book, so I can’t determine if Kafih is correct). Here the Rav writes:

Kafih writes:

3. A few people asked me about R. Mazuz’s reference to the homosexual poem in Judah Al-Harizi’s Tahkemoni (see my previous footnote 15, here). The relevant section, which appears in Gate 50, reads as follows

The translation is:

To a man who wrote a poem full of filth and lewdness

Were Amram’s son to see my friend’s face
Blushing when he drinks strong drink
And for the loveliness of his locks and the splendor of his beauty
He would not have inscribed in his Torah
“If a man lie with mankind” (cf. Lev. 20:13).[27]

Following this, Al-Harizi, quotes the poems of nine others, and himself, who condemn the homosexual poet. Some contemporary readers might be shocked to see the language used. It is certainly not anything that those preaching a message of “hate the sin and love the sinner” vis-à-vis the gay community – and this includes R. Chaim Rapoport, the world’s expert on halakhah and homosexuality – would endorse. For example, one of the poems reads:

He who sells the sanctity of God for defilement
Let him quickly be sold into the hand of the slayer.

Another reads:

Almighty, deliver speedily into the hand of death
The man who has sold Thy law into sin.

In fact, all of the poems quoted by Al-Harizi call for the gay poet to be struck down, in one way or another.

The gay poet speaks of the face of the young man, and this is actually a popular theme. In particular, the poets focus on the cheeks. There are a number of examples of this in R. Moses Ibn Ezra and Ibn Gabirol, but let give two examples from R. Judah Halevi:

This means “From his cheeks is my spice garden, as poison comes from his eyes.”[28] Brody notes that the first part is working off Song of Songs 5:13, where the woman says לחיו כערוגת הבושם, “His cheeks are as a bed of spices.” The last section means, to use a modern expression, “his look can kill.” That is, if he gives you non-approving look, it is crushing.

Elsewhere, Halevi writes:[29]

In Norman Roth’s translation: “Cheeks like coals of fire on a pavement of marble,” or as he paraphrases, “ruddy cheeks on pale skin.”[30]

I was asked about the meanings of these poems. I am hardly expert in this area and must leave it to others to determine the exact sense. There has been some dispute about them, although the current scholarly consensus is not something that will make the Orthodox community very happy.[31] I would like to believe that Nehemiah Allony is correct that all of these poems are to be understood as simple imitations of the dominant Arabic style, or as akin to the Song of Songs, where the love poems are to be understood allegorically as symbolizing spiritual matters. R. Shmuel ha-Nagid actually says this explicitly about his poems dealing with man-boy love.[32] (I think we can all agree that writing such verse today will certainly, and deservedly, get a rebbe fired![33])

The issue of homosexuality in the medieval Jewish world even came into the great conflict between R. Saadiah Gaon and David ben Zakkai. This was because the future gaon of Pumbeditha, R. Aaron ben Joseph ha-Kohen Sargado, who was on David ben Zakkai’s side, accused R. Saadiah of having homosexual relations with young men. If that is not bad enough, he adds that this was done with sifrei kodesh in the room and that witnesses can attest to it![34] This is, of course, an abominable accusation, and Harkavy, in his introduction (p. 223), apologizes for having to print what he terms

Of course, this is hardly the first example of rabbis, even great ones, hurling outrageous accusations at each other, but it is hard to find anything more disgraceful than this. The only example I can think of that is in this league is found in R. Jacob Emden’s Hit’avkut, 76b-77a, where he publicizes the disgusting accusation that R. Jonathan Eybeschütz fathered a child with his own daughter! If that’s not bad enough, this horrible story is repeated by R. Marvin Antelman in his Bekhor Satan, 37-38. (Antelman and his unusual writings deserve their own post at the Seforim blog.) It was regarding this sort of mudslinging that R. Zvi Yehudah Kook is quoted as follows (Gadol Shimushah [Jerusalem, 1994], 20):

Academic scholars such as Scholem have also noted the destructive affect on traditional Jewish society of the battle against Sabbatianism in general, and the Emden-Eybeschütz conflict in particular.

4. Since in my earlier post at the Seforim blog on the Eshkol I mentioned R. Yitzhak Ratsaby, and his negative attitude towards R. Joseph Kafih, I should note that one of Kafih’s students, R. Aharon Kafih (no relation) has recently published his Minhat Aharon.[35] On pages 211 n. 13 and 255 n. 45, there are some very strong attacks on Ratsaby, even accusing him of plagiarism. He also mentions how Ratsaby, when he needs to quote something from R. Yihye Kafih (known among his followers as מו”ר הישיש), will omit the last name so that people won’t know to whom he is referring. As Tamir Ratzon has pointed out, in the 1970’s Ratsaby referred positively to R. Joseph Kafih,[36] yet unfortunately, this is no longer the case. In fact, R. Aharon Kafih reports that Ratsaby tells people that it is forbidden to have any of R. Joseph Kafih’s books, and they must be burnt![37]

This dispute between Ratsaby and Kafih is simply a continuation of the great Yemenite dispute over the legitimacy of Kabbalah. It began with Kafih’s grandfather, R. Yihye, who stood at the head of the anti-Kabbalah forces.[38] Matters reached such extremes that the pro-Kabbalah side was successful in having R. Yihye thrown into jail (much like some mitnagdim conspired to have the same done to R. Shneur Zalman of Lyady). Here is the cover of a rare pamphlet published about 20 years ago. It is directed against both R. Yihye and R. Joseph.5. In my earlier post at the Seforim blog I referred to the anti-Habad book Ve-Al Titosh Torat Imekha. A few people asked me how they can get this book. The author, who wishes to remain anonymous so that he can be spared the personal price paid by anyone who goes up against Habad messianism, told me that when I quote his letter (see below). I should also announce that anyone who is interested in the book should write to him at the following address

This book is interesting because you see that the author is somewhat conflicted. On the one hand, he recognizes how great the Rebbe was and all the positive things Habad has accomplished. On the other hand, he sees what is going on today and reluctantly concludes that the Rebbe himself crossed the line into heretical statements. I asked him why, if he thinks the Rebbe advocated heretical notions, he still shows him great respect? Why doesn’t he treat him as an enemy of traditional Judaism, as he would all others who advanced heresy? He wrote to me as follows.

So Rabbi Halevi feels that the Lubavitcher Rebbe denied certain of Maimonides Principles and yet he won’t regard him as a heretic because of all the good he accomplished. Once again, theological error in the Thirteen Principles, and the consequences that are supposed to result from this, have been trumped by other considerations. I don’t know how many more examples I need to bring where even the most traditional scholars are not prepared to accept Maimonides’ statement that rejection of one his Principles ipso facto removes one from the faith.[39] Of course, followers of the Rebbe will deny that he has violated any of Maimonides’ principles, but what is important for my purpose is that Rabbi Halevi has no doubt, and elaborates at length, on how the Rebbe has indeed done so. Yet despite this, he still does not regard him as a heretic.

6. In my earlier post at the Seforim blog I wrote that it is unfortunate that one of the only things R. Joseph Messas is known for is being the posek who permitted married women to uncover their hair. Someone wrote to tell me that he was not the only Moroccan rabbi to do so, as R. Moshe Malka, the late chief rabbi of Petah Tikvah, also ruled this way in his responsa Ve-Heshiv Moshe. (Malka published six volumes of responsa entitled Mikveh ha-Mayim; I don’t know why, for his last volume, he picked a new title). The correspondent began his e-mail regarding Malka by noting “I don’t know if you are aware . . . ” In fact, I am well aware of Rabbi Malka’s teshuvot on this topic, as they were addressed to someone I know very well. Since not everyone has access to the volume, here are the responsa. A quick internet search revealed that R. Irving Greenberg picked up on this source.[40] (He obviously saw it in one of R. Michael Broyde’s articles, as Greenberg also cites R. Yehoshua Babad, whose understanding of women’s hair-covering has been one of the bases for Broyde’s own lenient opinion in this matter, and it was Broyde who first publicized Babad’s view.)

7. In my last post at the Seforim blog I mentioned that the version וכל נוצר יורה in Yigdal is found in Birnbaum but not in earlier sources. Noam Kaplan pointed out that this is incorrect and that it is found in at least two early siddurim.[41] It is incredible that Abraham Berliner, who was an expert in manuscripts and early prayer books, overlooked this. R. Mazuz was also unaware of this version, and the Siddur ha-Meduyak only gives וכל נוצר יודה as an alternate. I am grateful to Noam for the correction. It is a good illustration of how the accumulated knowledge of many readers is a great help to all of us.

8. In my first post on the Eshkol, I raised the issue of whether one can accept a pesak even if one is convinced that it is incorrect from the standpoint of modern scholarship. I quoted Prof. David Berger’s view that it is acceptable to do so. Subsequently, I found that Berger also discusses this matter in a recent essay, where he raises the problem without advocating any position.

In the realm of concrete decision-making in specific instances, it is once again the case that the impact of academic scholarship does not always point in a liberal direction. In other words, the instincts and values usually held by academics are not necessarily upheld by the results of their scholarly inquiry, and if they are religiously committed, they must sometimes struggle with conclusions that they wish they had not reached Thus, the decision that the members of the Ethiopian Beta Israel are Jewish was issued precisely by rabbis with the least connection with academic scholars. The latter, however much they may applaud the consequences of this decision, cannot honestly affirm that the origins of the Beta Israel are to be found in the tribe of Dan; here, liberally oriented scholars silently, and sometimes audibly, applaud the fact that traditionalist rabbis have completely ignored the findings of contemporary scholarship.[42]

I have to say that I too struggled with this question, as I was involved in the Ethiopian Jewry cause.[43] My first trip there, in 1987, was memorable, as we were the first group allowed into the villages of Gondar after Operation Moses. (It was also great to be together with Rabbi Dr. Ari Zivotofsky, who in recent years has done such important work on various communal traditions that are in danger of being forgotten.) Yet I vividly recall how even then, when I was quite young, I knew that the notion of the Ethiopian Jews being descended from Dan was a legend without any historical value. The Ethiopians themselves never claimed that they had any connection to the tribe of Dan.

The legend goes back to Eldad ha-Dani and was accepted as authentic by the Radbaz.[44] Based on this, and some other sources that accepted this spurious identification, R. Ovadiah Yosef declared the Ethiopian Jews halakhically Jewish. I regarded R. Ovadiah as a hero for taking this step. Truth be told, I didn’t care how he arrived at this decision; I was just happy he did. My attitude was that it is not for me to be mixing in on these matters, even if I know that certain things being stated don’t stand up to scholarly scrutiny. After all, halakhah operates as an independent discipline with its own rules. The halakhic “truth” need not be identical with what an outsider observer would regard as truth.

Notes:

[21] See R. Meir Mazuz’ note in R. Hayyim Amselem, Minhat Hayyim, 2:15. Incidentally, Amselem is currently a Shas party member of the Knesset. See here.

[22] See here.

[23] Despite this, I am happy to report that I recently discovered a number of interesting letters from the Rav which Prof. Haym Soloveitchik kindly gave me permission to publish. Other than this, my only contribution to studies of the Rav – and I record this only to set the historical record straight – was in locating the material relating to the Rav’s time at the University of Berlin. I gave copies of it to both Dr. Atarah Twersky and the late Dr. Manfred Lehmann for him to publish it in his weekly column in the English section of the Allgemeiner Journal. (How I came to know Dr. Lehmann and why I gave him the material is a story unto itself.) This then became his famous article, “Rewriting the Biography of the Rav,” which has been referred to many times. See here. I am never mentioned in the article, and he even writes, with reference to the Rav’s diploma: “But the fact that it is still housed in Berlin, where I got the copy, might indicate that the Rav never received it, or that he got the original while a copy was kept in the Berlin file — which, together with all other correspondence — survived the war and the near-destruction of Berlin” (emphasis added; when I gave her the material, Dr. Twersky told me that she already had a copy of the diploma). In R. Rakefet’s biographical introduction to his book on the Rav, page 68, he writes: “The author’s student Marc B. Shapiro obtained a copy of a curriculum vitae prepared by the Rav for the University of Berlin while engaged in research for his doctoral dissertation on Rabbi Jehiel Jacob Weinberg. Dr. Manfred Lehmann later published this information about the Rav. . . .”

[24] Lawrence Kaplan went through the entire English translation of Halakhic Man with the Rav. See his “On Translating Ish ha-Halakhah with the Rav: Supplementary Notes to Halakhic Man,” The Commentator (10/23/06), available online. We can therefore view Lawrence Kaplan’s edition as an authorized translation. This makes Marvin Fox’s criticism of one of Kaplan’s translations a bit strange, unless Fox assumed that the Rav didn’t always pay the closest attention to what was in the English. See Marvin Fox, “The Unity and Structure of Rav Joseph B. Soloveitchik’s Thought,” Tradition 24:3 (Spring 1989): 63, n. 7.

[25] I should also note two errors the Rav made in his evaluation of communal matters. 1. He was strongly opposed to changing the charter of YU and turning RIETS into an “affiliate.” Dr. Belkin had been assured by the lawyers he consulted that the change was only a technicality, and that the school would continue to run no differently than before. Yet there were a few hotheads who had the Rav’s ear and had convinced him that this meant the end of Yeshiva University as a real Torah institution. The story of how the Rav, in front of hundreds of people, challenged Belkin on this point, and how Belkin pulled the microphone away from him, has been repeated many times. I have been told (although I don’t know if it’s true) that following this episode YU refused to permit the Rav to speak at university events. With the benefit of hindsight, it is obvious that Belkin was correct and the character of YU did not change. (This reminds me of the doomsayers, and those who were saying tehillim, when it was announced that a non-rabbinic figure would become president of YU. Here again, nothing changed). 2. The second example is the Rav’s firm belief, and in this he was in agreement with R. Jehiel Jacob Weinberg, that a haredi society, and certainly real hasidic societies, could never flourish in the U.S. Here too he was mistaken (as were most observers). This latter error is very important for the Rav’s right-wing students, for they would like to believe that as he saw the development of American Orthodoxy in the 1970’s his view about the necessity for higher secular education changed. One of his leading students has stated on a number of occasions that the Rav could not be a part of Agudah in the 1950’s because the organization opposed all secular education. But today the Agudah convention is filled with lawyers and other professionals, and therefore the Rav would have no reason to leave Agudah – as if the Rav’s position on religious Zionism was not an important factor of his Weltanschauung. For the haredi world, one of the Rav’s great errors was his description of the differences between the Chazon Ish and the Brisker Rav, as expressed in the eulogy he delivered for the latter. During this eulogy R. Dovid Cohen famously screamed his protest at what he thought was the disrespect shown to the Chazon Ish. The Rav’s wife yelled that he should be taken out, and none other than R. David Hartman physically forced Cohen out of the hall. A few weeks ago R. Rakefet faxed me some pages from a new book on the Brisker Rav. Lo and behold, this hagiography says exactly what the Rav said, to wit, the Chazon Ish was prepared to engage in some flattery vis-à-vis Ben Gurion for the sake of kelal Yisrael, but the Brisker Rav was such an ish emet that no matter how good the cause he couldn’t bring himself to do this.

[26] Joseph B. Soloveitchik, Ish ha-Halakhah: Galui ve-Nistar (Jerusalem, 1979), 230.

[27] The translation is that of Victor Emanuel Reichert, The Tahkemoni of Judah al-Harizi (Jerusalem, 1973), 2:404-405 (with slight changes).

[28] Judah ha-Levi, Divan, ed., Heinrich (Hayyim) Brody (Berlin, 1894-1930), 15.

[29] Ibid., 31.

[30] Norman Roth, “‘Deal Gently with the Young Man’: Love of Boys in Medieval Hebrew Poetry of Spain,” Speculum 57:1 (1982): 47.

[31] See Raymond P. Scheindlin, Wine, Women, and Death: Medieval Hebrew Poems on the Good Life (New York, 1986), 77-89.

[32] See Nehemia Allony, “The ‘Zevi’ (=Nasib) in the Hebrew Poetry in Spain,” Sefarad 23 (1963): 311-321. Norman Roth, “‘My Beloved is like a Gazelle’: Imagery of the Beloved Boy in Religious Hebrew Poetry,” in Wayne R. Dynes, and Stephen Donaldson, eds., Homosexuality and Religion and Philosophy (New York, 1992), 271-293, only sees allegory in the religious poems, not the shirei hol.

[33] Part of the problem in responding to the current scandal of sexual abuse is that halakhah, as it has been understood in the past, often stands in the way. For example, R. Menachem Mendel Schneersohn (the third Lubavitcher Rebbe) in Tzemah Tzedek, Yoreh Deah, #237, was asked the following question: A rabbi was playing with a young man on Purim and stuck his hands into the pants of the youth. The rabbi claimed that he did so because he was unable to perform sexually. He thought that this was due to his small testicles and he wanted to see if he was unusual in this regard. In other words, the rabbi was conducting a medical examination on the boy. The Tzemah Tzedek decided that the rabbi should not be removed from his position, as he provided a good explanation for his behavior. One can only wonder how many other boys were subjected to this rabbi’s medical examinations. Regarding another problematic decision, this time by the Aderet, see here.

[34] Abraham Harkavy, ed., Zikaron la-Rishonim (St. Petersburg, 1892), 5:230. Henry Malter writes as follows about R. Aaron (Saadia Gaon [Philadelphia, 1942], 113, 114):

This man hardly deserves the respect and consideration usually accorded to him by modern authors. He may have been a great scholar, as is attested by contemporary sources, and he may also have possessed other good qualities – liberality, devotion to communal interests, and the like. But from all that is related of him in the same sources, he was also a man of violent, quarrelsome, and vindictive temper, and of an absolutely tyrannical bent of mind. . . . Morbidly vainglorious and ambitious, he bore a grudge against the generally admired scholar [R. Saadiah], which may have been enhanced by the latter’s independent spirit and perhaps open disregard for his person.

[35] It is only recent years that scholars have begun to take advantage of Kafih’s enormous contribution to the study of the Mishneh Torah, and R. Aharon Kafih is at the forefront in this area.

[36] “Maharitz u-Minhagei Sefarad,” Mesorah le-Yosef 1-2 (Netanya, 2007), 121, n. 69.

[37] For R. Ovadiah Yosef’s recent condescending reference to Ratsaby, see here.

[38] The most recent article on the topic is Mark S. Wagner, “Jewish Mysticism on Trial in a Muslim Court: A Fatwa on the Zohar – Yemen 1914,” Die Welt des Islams 47:2 (July 2007): 207-231 (called to my attention by Menachem Butler). Here is a famous picture of R. Yihye. It is hanging in R. Joseph Kafih’s house and was sent to me by a friend.

[39] At my request, Rabbi Daniel Eidensohn asked R. Moshe Sternbuch to explain how he can declare that R. Nosson Slifkin’s ideas are heresy, but Slifkin himself is not to be regarded as a heretic. He replied that he holds like the Ra’avad, i.e., that kefirah be-shogeg does not turn a person into a heretic.

[40] Nancy Wolfson-Moche, ed., Toward a Meaningful Bat Mitzvah (Florida: Targum Shlishi, 2002), 30, available online here.

[41] See here (Bologna, 1540), 28, and here (Lisbon, 1490), 10.

[42] “Identity, Ideology and Faith: Some Personal Reflections on the Social, Cultural and Spiritual Value of the Academic Study of Judaism,” in Howerd Kreisel, ed., Study and Knowledge in Jewish Thought (Beer Sheva, 2006), 27.

[43] I also wrote two articles on the topic. See my “Return of a Lost Tribe: The Unfinished Exodus of the Ethiopian Jews,” The World & I 3 (April 1988), available online; and “The Falasha of Ethiopia,” The World & I 2 (December 1987), available online.

Contrary to what it says at the beginning of these articles, I didn’t live with the Ethiopian Jews. Unfortunately, the online versions do not contain the beautiful pictures I took. Here are a few pictures (the men were religious leaders of the village). The book in strange script is the Torah written in Ge’ez. My second trip to Ethiopia was in August 1991, a few months after the overthrow of the Mengistu communist regime. There was still a nighttime curfew in effect during this period and I did not go with a group. While in Addis Ababa I was lucky to become friendly with Asher Naim, the Israeli ambassador. Although this is a story worth telling, for now let me simply recommend his book Saving the Lost Tribe: The Rescue and Redemption of the Ethiopian Jews.

[44] In his famous letter urging that the Ethiopian Jews be rescued, R. Moshe Feinstein also expresses doubts about whether the Radbaz’ information about their origin was accurate. See here.

I can’t find R. Moshe’s letter in Iggerot Moshe (although a different letter, dated one day later, is found in Iggerot Moshe, Yoreh Deah 4, # 41).

As previously mentioned on the Seforim blog by myself and others, our generation is privileged to something no previous generation has seen, a sheer volume of Jewish books being printed and reprinted. Many of these works are seeing print for the first time – works of Rishonim and Achronim on all sorts of topics brought to the public eye from manuscript form. Some of these printings are beautiful editions, critically edited, and even glossed with illuminating marginal annotations. Other times the only benefit is to see the change from an illegible typeface to a clear block print (oft as not without any particular in the editing). In many cases, specific institutions are founded solely to deal with works from a particular religious group, while at other times, entire publishing houses are established that deal with the writings of one particular author. Recently one Godol, the great prolific writer, the Aderet (Rabbi Eliyahu David Rabinowitz-Teomim), famous for, amongst many things, being the father-in-law of R Kook, has had over five distinct groups working on printing his writings although almost none of his writings were published in his lifetime.

Recently, a rather modest institute called Makhon Iyay HaYam has begun reprinting as well as publishing for the first time, the many writings of the great gaon R. Shelomoh Luria, Maharshal. To date, this Makhon has already printed a few of his works and is currently working on many more. In this post, I would like to discuss this great person, the Maharshal, some of his printed works, and the current and future projects of this particular Makhon. As much has already been written on this great goan, including several biographical sketches, as well as a dissertation by Dr. Meir Raffeld on the Maharshal’s magnum opus, Yam Shel Shelomoh (more later), I have limited myself to but a few highlights.

The Maharshal was born circa 1510 (most likely in the city of Brisk or Posen), and died in 1573 in Lublin. He was a Rav in many cities, including Brisk,[1] Ostra and Lublin.[2] Alongside the rabbinate, the Maharshal established and ran yeshivot, training many famous students. Amongst these students are, notably, R. Yehoshuah Falk Katz (author of the Preisha), R. Moshe Meis (author of Mateh Moshe on minhagim as well as Hoel Moshe on Rashi; more on him later), R. Shelomoh Efrayim Lunschitz (author of the Kli Yakar), R. Chayim of Friedberg (author of Sefer HaChayim and brother of the famous Maharal of Prague), and R. Eliyahu of Chelm (the great-great-grandfather of the Hakham Zvi and Rabbi Jacob Emden, famous for being the only latter day Godol to have created a documented golem (see here for Prof. Shnayer Z. Leiman’s post, “Did a Disciple of the Maharal Create a Golem?” at the Seforim blog) all studied in the Maharshal’s Yeshiva. As an historical aside, it is worth pointing out that in the biography printed by R. Chechik, Sefer Chasdei Hashem (Yerushalayim, 5767, pg. 3), R. Chechik makes the claim that the major talmidim of the Maharshal studied in his yeshiva in Lublin. This appears highly implausible as the Maharshal only came to Lublin in 1569, and by then most of his talmidim were already accomplished poskim. More likely these students studied in one of the Yeshivot the Maharshal headed prior to the Maharshal’s Yeshiva in Lublin.

R. Shelomoh Luria was a contemporary of and related to R. Moshe Isserles, the Rama. In his Maalot Hayuchsin (Yerushalayim, 5764), p. 15, R. Efraim Zalman Margolis traces the various ways in which the Rama and the Maharshal were related. Among those was through the marriage of Maharshal’s daughter Miriam to Rama’s brother Eliezer. Additionally, these two Gedolim carried on extensive correspondence between themselves, some taking a rather sharp tone (most noted are those letters regarding the study of philosophy and dikduk). Yet, as R. Efraim Zalman Margolis notes, the utmost respect and esteem was maintained between the two. In fact, they seem to have been keenly interested in the other’s works, there is evidence that they read the other’s work prior to publication. (See Klilas Yoffe p. 9b and Maalot Hayuchsin of R. Efraim Zalman Margolis, pp. 27-28.) [3]

While both the Rama and the Maharshal were well respected and many of the Poskim of that generation were the Maharsha’s students, in a choice between the two regarding how to decide halakha, the Rama is the clear winner. The Shelah HaKadosh, however, bemoans the fact the Maharshal’s decisions were not accepted. This is so as the Maharshal followed the Rama (i.e. the Maharshal died later) and, as such, should have been awarded consenting rulings out of principle (halachisha k’basrayi). As a result, the Shelah HaKadosh calls upon those who fear Hashem to take upon themselves all stringent dissenting opinions of the Maharshal in opposition to the Rama (Shnei Luchot HaBrit, Shaar Ha’Otiyot, #100, Kedushah).

The Maharshal is well-known for his caustic tone in his writings. Many biographers note his use of rather sharp epithets in his works concerning other Gedolim. R. Chaim Dembitzer cites many instances where the Maharshal writes sharply against various Rishonim (Klilas Yoffe p. 11). But, some have questioned the focus on the Maharshal’s tone. For instance, Shmuel Abba Horedesky, who authored a biography on the Maharshal, Kerem Shlomo, included a discussion of the Maharshal’s caustic tone. Horedesky sent his book to the Sdei Chemed, and in a recently published letter, the Sdei Chemed sharply critiques Horedesky’s inclusion of that portion on the Maharshal.[4] (Dr. M. Raffeld, in his dissertation also bemoans the misguided focus of previous historians at these caustic remarks instead of researching the more unknown eras of the Maharshal’s life).

Aside from his goanus, the Maharshal was an extremely prolific writer, writing on many areas. Some of his more famous works include an outstanding work on Shas called Yam Shel Shelomoh. For itself, the work is pretty well known, unfortunately it is not used to its full potential in today’s yeshivah world (this due to many reasons, most importantly the current mahalach halimud) although of late it has been reprinted in a nice block print edition. The style of the Yam Shel Shelomoh is oriented toward halakha. Typically, each topic is examined systematically from its beginning sources, through the Rishonim and through (the then) current minhag (see further Dr. M. Raffeld). This work has not reached us in its entirety, as parts are missing from those mesechtos present. Furthermore, it is clear from many places in his writings as well as quotes from his talmdim that he wrote more than what we have. (To date we have volumes on seven masekhtot, but according to various sources, the Maharshal wrote on sixteen masekhtot. Dr. Raffeld attempts to construct a list of the remaining nine; not all agree to this listing and several substitutes have been suggested). I seem to recall that recently they discovered the volume of Yam Shel Shelomoh on masekhet Baba Batra, but the collector who owns it does not allow anyone to print it and is only willing to sell it for a very large sum of money. Likewise, rumors of Yam Shel Shelomoh on masekhet Shabbat have been circulating among professional circles, without any concrete evidence.

In addition to the Yam Shel Shelomoh on the Gemara, the Maharshal penned many other notes on many masekhtot, dealing with, among his personal novella, the correct girsa’ot of the Gemara. Known today as Hagahot Hokhmat Shelomoh, this work was originally printed as a separate volume. Present-day editions of Gemara find some of the comments having added into the text of the Gemara and Rashi over time, and the authorship erased along with the original gloss. The remaining glosses are printed in the back of almost all recent editions of the Gemara. In his editing, the Maharshal used old manuscripts, as well as variant texts. In a lengthy article in Alei Sefer, vol. 15, Y. Ron deals with this work. Later on Professor Yaakov Shmuel Spiegel dealt with this work in his classic Amudim be-Toldot ha-Sefer ha-Ivry, Hagot u-Maghim (pp. 279-285). Hokhmat Shelomoh on Masekhet Gitten has been recently reprinted by R. Y. Satz, (Toronto: Otzreinu, 1990). The foreword includes a detailed article elaborating on the need to reprint this work, basing the glosses on the exact comments of the Gemara used by the Maharshal. Large amounts of the glosses have been deleted by editors who mistakenly attributed them to lines already corrected, while in fact the Maharshal had another point in mind.

A partial list of the Maharshal’s other famous works include Teshuvot Maharshal, responsa quoted by all poskim; glosses on Rashi al haTorah called Yerios Shlomo, reprinted several times of late; glosses to Sefer Shaarey Dura by R. Yitzhak of Duren called Ateret Shelomoh. He also wrote glosses on the Sefer haMitzvot haGadol (SMaG) by R. Moshe of Coucy, called Amudei Shelomoh. Makhon Yerushalayim has issued a critical edition of this work, in three volumes, based on manuscripts and first prints, replete with footnotes by R. Yosef Luban. In addition to stand-alone volumes, the Makhon has also included the Maharshal’s valuable glosses in their critical edition of the Sefer haMitzvot haGadol.

Now for the works printed by Makhon Iyay HaYam:

As previously mentioned, the Maharshal routinely wrote marginal notes on a vast number of seforim. Of the most popular, were his glosses on the side of the Tur. In large, these notes are quoted by his talmid, R. Yehoshua Falk Katz, the Preisha, as well as the Bach (Sefer Bayit Chodosh) and many other Poskim, but until this century, these notes were never printed. In 1957, the editors of Tur Hotzaat ‘El Hamikoros’ commissioned R. S. Werner to ‘liberate’ these notes from manuscript ‘captivity,’ allowing for a tremendous find for the halakhic world. Unfortunately, thirty simanim in Yoreh Deah were lost from the copyist, and were listed as missing in the manuscript. In 1995, R. A. Chavatzelet published these simanim in a Sefer Zikaron for R. Werner, with the intention of completing the sefer on Yoreh Deah.

While researching another work, R. Y. M. Dubovick found citations to glosses not printed in R. Chavazelet’s addendum. Further perusal revealed the existence of more manuscripts in libraries worldwide that R. Werner was unaware of, and of which R. Chavatzelet had not availed himself. With more accurate texts, and numerous additional pieces not found in the manuscripts R. Werner had been given, it was clear of the need to edit the hagahot from the beginning. R. Dubovick decided to print this whole work again with all the corrections and missing pieces. First, R. Dubovick published an expository article in the journal Yeshurun (vol. 11) listing many missing parts on Yoreh Deah. In 2000, he issued a limited printing of the hagahot on Even HaEzer (including hagahot on the last ten simanim, a notable lack in R. Werner’s edition). More recently, he released a critical print of the first sixty simanim of Tur, Yoreh Deah with footnotes, surrounding the text of the Tur (Crimea, 1558) as used by the Maharshal. Therein, he references all the relevant writings of the Maharshal and his talmidim to the glosses on the Tur, as well as citations of these glosses by the poskim.

R. Dubovick intends to conclude the rest of Yoreh Deah in the near future and deal with Orah Hayyim and Hoshen Mishpat next, and finally, a reissue of Even HaEzer.

The focus of this recent volume on Yoreh Deah is the Sefer Ateret Shelomoh a commentary on the Shechitos u’Bedikos of R. Yaakov Weil, the hagahot on Tur an addendum to this rare work. As little as less than a hundred years ago every shochet had been tested specifically on this work, and virtually every small-town rav had to be an expert in this area as well. Many of the she’elot presented to a local rav were on these very topics and could not be referred to another Rav, as by than the animal would spoil. Nowadays, a shochet is tested on Sefer Beit David (R. David Tschechovitz), and unfortunately, the shechitot and bedikot of R. Yaakov Weil are almost unknown by anyone today, save for the occasional excerpt in other seforim.

Seeing how this valuable work has not been reprinted with the Maharshal’s notes in the past 400 years, Makhon Iyay HaYam recently undertook this project to enrich the public with yet another one of the Maharshal’s many invaluable works, reprinting the text based on the only two printings, and a manuscript fragment. R. Dubovick set himself to the task, painstakingly annotating along the way with extremely thorough notes on the entire sefer. Albeit some times his notes are a bit lengthy, there is a wealth of singular information contained in them, both on the halakhic field as well as the bio-bibliographic, which the editor could not deny the public, and did not omit them from print. A few examples; when the Maharshal quotes his grandfather, R. Yitzchok Klauber, noted are many of the places where the Maharshal cites his grandfather, throughout his many seforim (p. 3, n.6), along with a brief biographical sketch. [5] The same style note can be found when the Maharshal mentions his father-in-law R. Kalonymus (Kalman) Havarkstein-Yerushalmi; a listing of other citations, along with a thumbnail bio, including the Maharshal’s wife’s name (p. 38, n.28). With an eye on the halakhic ramifications of reprinting this sefer, R Dubovick notes that R. Efraim Zalman Margolis highlighted the importance of studying this sefer for those learning shechita, and yet, due to the sefer having been published as an addendum to the sefer, Sha’arei Dura, and not having a distinct title page from the Sha’rei Dura, remained unknown. (Introduction to Ateres Shlomo, see also Ma’alos haYhuchsin, p. 35) Additionally, regarding R. Efraim Zalman’s work on treifus in lungs (Rosh Efraim), R. Efraim Zalman states that Shechitot u’Bedikot were written last, even after Yam Shel Shelomoh, and the Halakha should be fixed accordingly, even against a dissenting opinion in Yam Shel Shelomoh (p. 38, n.27). In addition, he includes interesting sources to the practice of watering cattle before shechita (p. 55, n.92), as well as bringing to light a fascinating source to the puzzling minhag of peeling off sirchos (lesions) from the lung (p. 64, n.129).

The Maharshal’s extreme regard for maintaining minhagei Ashkenaz and their halakhic impact are spread throughout both his and his talmidim’s many writings. One can especially find this true with regard to R. Moshe Meis’ classic work Mateh Moshe. A while back, a manuscript was discovered of some minhaghim of the Maharshal called Hanhagot HaMaharshal. Dr. Y. Refael printed this work in a Sefer Hayovel and then later on as a separate pamphlet. These minhagim were written anonymously, and the editor attributes them to R. Moshe Meis, author of Mateh Moshe, and known to have been a personal member of the household of his teacher, R. Shelomoh Luria. As these minhagim do not cover the whole year, Dr. Refael concludes that the text is only a segment of a much larger work, which had unfortunately been lost. Interestingly enough, R. Shmuel Ashkenazi told me recently he did all the work in annotating this sefer and preparing it for print, although for some reason he wasn’t credited for it. (While this edition was printed from a manuscript, copied expressly for R. Nachum Ber Friedman of Sadigura (Areshet, vol. 1 397-98), there is another, variant edition, printed in the back of some copies of Nagid uMitzaveh (Sinai, vol. 63, p. 96)).

Among the interesting minhagim included in here is: [6]

Also, the Maharshal discusses the Shir HaYichud, and offers a rather radical explanation of who the author of Shir HaYichud was: [7]

Similarly, in the Siddur Siddur Shabtei Sofer, vol. 1 pp. 89-90, R. Shabtei records in the name of the Maharshal:

Another rather unknown work of the Maharshal, is his Zemirot for Shabbat. While this work has been printed many times, not one of these editions has been reprinted based on the first printing and manuscript and many of the modern printings have actually detracted from the sefer’s integrity. This rare sefer is comprised of songs the Maharshal composed for Shabbat and Motzei Shabbat, with the author’s commentary to those songs. Included in his explanations are many halakhot and minhagim of Shabbat. Some examples of which are; women should wear a special garment when lighting the Shabbos candles; a reference to the custom of wearing a kittel on Shabbos. Another example, he praises the people of Ashkenaz for having a set system with regard to hosting yeshiva students for Shabbat meals. (Interestingly enough, while Prof. Simha Assaf mentions this minhag in his biographical sketch of the Maharshal printed in Sefer haYovel Lichvod Prof. L. Ginzburg, he makes no note of it in his Mekorot LeToldot HaChinuch biYisrael, even though he does mention several other sources to this custom pp. 229, 236, 633). [8]

Here too, R. Dubovick is working on reprinting these zemirot, along with an excellent commentary of his own on this work. A few samples of his efforts have been published in the journal Yeshurun (vol. 16). Here, I was simply amazed at the sources and comments of R. Dubovick regarding the various points of the Maharshal. One only hopes he will finish this work soon along with all his many projects relating to the Maharshal.

Notes:
I would like to thank R Y. M. Dubovick and Dan Rabinowitz in for their extremely helpful suggestions and sources in writing this post.

[1] On the Maharshal’s tenure in Brisk see the letter of R. Nosson Rabinovitch (author of Dikdukei Sofrim) in Eyur Tehilah p. 198.

[2] On the Maharshal’s time in Lublin, see the story brought in Simchas Hanefesh (see here for an earlier post, “Simchat ha-Nefesh: An Important But Often Ignored Work on German Jewish Customs,” at the Seforim blog) from R Yehudah Chassid pg 109-110. A similar story is quoted by the Chida in Shem haGedolim, erech R Avrhoum Mocher Yerokos.

[3] For a recent lengthy discussion of these correspondences, see Y. Elbaum in his Pisichut Vehistagrot (pg 156 and onwards), as well Dr. Asher Siev’s biography of the Rama (1972). For the exchange of letters between Rama and Maharshal on philosophy, as part of the appendix of translations of primary texts from 16th-century East-European Jewish Thought, see Leonard Levin, “Seeing With Both Eyes: The Intellectual Formation of Ephraim Luntshitz,” (Ph.D., Jewish Theological Seminary of America, 2003), 299-284, esp. 299-311.

[4] On the caustic comments of the Maharshal see Iggerot S’dei Chemed, vol. 1, siman 11, pp. 24-25; see also R. Barukh haLevi Epstein, Mekor Barukh, Introduction, pp. 89-93.

[5] For more on the Maharshal’s grandfather see M. Rafeld, in Daniel Sperber, Minhagei Yisrael (Jerusalem: Mossad Harav Kook, 2007), 8:174-96.

[6] For more on Ani Manmin see HaSiddur, pp. 232-36; Marc B. Shapiro, The Limits of Orthodox Theology: Maimonides’ Thirteen Principles Reappraised (Oxford: Littman Library of Jewish Civilization, 2004), pp. 19-20 (citing opinion of the Maharshal).

[7] For more on this topic see: A. Berliner, Kesavim Nevcharim, vol 1 pg 145-170; R. Dovid Hanazir , Kol Haneveha pgs 124, 143-144; H.J. Zimmels, Askenazim and Sephardim, pp. 132-134; A Haberman, Shiur Hayichud Vhakovod (intro), Y. Dan, Shiur Hayichud (facsimile edition) with the commentary of R. Yom Tov Muelhausem, Introduction; R.Y. Stal, Sefer Gematryios L’Rabenu Yehudah Hachassid, vol 1 pg 32-38; R. Y. Golhaver Minhaghei Hakehlos, vol 1 p. 132: and my forthcoming article in the Yerushasenu volume two.

[8] Another person who missed this source while discussing this topic is Mordechai Breuer, in his comprehensive book on the Yeshivot, Oholei Torah: The Yeshiva, Its Structure and History (Merkaz Zalman Shazar 2003), pp. 405-409.

As Rabbi Eliezer Brodt has recently noted in a post at the Seforim blog the advent of the sabbatical year has been blessed with a plethora of new books and pamphlets related to the laws of shemitah.

Prominent amongst these is a publication entitled Kitvei Ma’adanei Eretz on Masechet Shevi’it, from the writings of the world renowned halachic authority, Rabbi Shlomo Zalman Auerbach (1910-1995), published by Zehav haAretz on the “eve of the shemitah year, 5768”.

The sefer (341 pages) is divided into two parts. The first part is arranged according to the order of Masechet Shevi’it and presented as a commentary on it. The second half is comprised of a series of chapters on a broad variety of halachic topics related to shemitah.

In the preface we are told that the editors received much support and encouragement from Rabbi Shlomo Zalman’s sons, including Rabbi Shmuel Auerbach shlit”a. We also learn that much of the material in the sefer was never intended for publication by Rabbi Shlomo Zalman. [It was often written in note-form for his own perusal etc.] Nevertheless, given the enormous interest in the writings of Rabbi Auerbach, it was decided that these chiddushim should be edited and published. This feat was accomplished to the delight of the publishers and their intended audience.[1]

For the sake of producing a comprehensive work the publishers inform us that they have included segments of the author’s previously published works that relate to the Masechet Shevi’it and its halachot.

Indeed, the second half of the sefer, which consits of chiddushim on Rambam and halachic discussions pertaining to shemittah, appears to have been gleaned almost entirely from Rabbi Shlomo Zalman’s earlier works, most particularly his Ma’adanei Eretz on the laws of shevi’it.

However the publication of this sefer raises two related bibliographical questions: (a) Rabbi Auerbach’s classic on Shevi’it, namely his celebrated Ma’adanei Eretz, published originally by the author himself in anticipation of the shemitah year 5704,[2] and republished with the blessing of the author in anticipation of the shemitah year 5733, has been out of print and unavailable for many years.[3] Why has this book not yet been re-published? (b) Why has only some, but not all of the material in the original Ma’adanei Eretz been reproduced in Kitvei Ma’adanei Eretz?

I cannot offer a definitive answer to these questions. Yet it is possible that two features of the original work are the cause for these ‘omissions’.

Firstly, the original Ma’adanei Eretz dedicates much discussion to the ‘heter mechirah’ and its dynamics. Although Rabbi Auerbach clearly expresses a preference for the observance of shemitah without recourse to the heter mechirah, he does recognise the plausibility of the ‘heter mechirah’ and seeks to buttress this mechanism with halachic argumentation. Moreover, (as is evident from his introduction), Rabbi Auerbach’s defense of the ‘heter mechirah’ – which he considered to have been endorsed by ‘minhag yisroel’ – was one of the primary purposes of his work.[4]

In times bygone, this apect of Ma’adanei Eretz apparently presented no cause for concern, even amongst the most chareidi Jews. Rabbi Zelig Reuven Bengis (1864-1953), then Rosh Beth Din of the ultra-Orthodox Edah Chareidit in Jerusalem, was aware of Rabbi Auerbach’s ‘agenda’ (towards which he was not particularly sympathetic), yet this did not prevent him from writing a complimentary letter of approbation in honour of the author and the book.[5] The same is true for Rabbi Isser Zalman Meltzer, (1870-1953), then rosh yeshiva of the Etz Chaim yeshivah in Jeruslaem. Yet nowadays this is no longer the case. Some of Rabbi Auerbach’s biological and/or ‘spiritual’ heirs who completely deny the validity of the heter mechirah and/or its application in the contemporary social and economic climate, may be deeply embarrassed by the original Ma’adanei Eretz.

Secondly, Rabbi Auerbach refers with the most reverential terms to the late Rabbi Avraham Yitzchak haKohen Kook (1865-1935), and attributes much weight to his halakhic opinions.[6] In contradistinction to many other illustrious authorities to whom Rabbi Auerbach refers to as “ha-gaon . . . of blessed memory’ his appellation for Rav Kook includes the honorific “maran [ha-gaon ha-Rav Kook of blessed memory].”[7]

In today’s ultra-orthodox climate, in which Rav Kook has almost been written out of existence[8] [or worse still, ‘demonised’], it should come as no great surprise that some would like to disassociate the prestigious Rabbi Auerbach from one of his primary mentors.[9] Accordingly, it is only natural that they would endeavour to orchestrate matters in such a way that the original Ma’adanei Eretz (with its ‘offensive’ contents) fades into oblivion.[10]

An examination of the ‘privileged’ segments of the original Ma’adanei Eretz that have been ‘preserved’ in the Kitvei Ma’adanei Eretz supports my thesis. Rav Kook, whose views and vision clearly inspired Rabbi Auerbach, has been wiped off the face of the map. Likewise the heter mechirah, a central feature of the original work, has, for all practical intents and purposes, become a non-issue in the new work.[11]

In a world in which honesty means little and history means even less, Kitvei Ma’adanei Eretz has performed a successful face-saving tactic, for ‘what the eye does not see, the heart does not grieve’! [12]

Notes:
[1] The publication of this sefer seems to be in partial overlap with “Minchat Shlomo – Chiddusim uViurim al HaShas” on Masechet Shevi’it which was published by Rabbi Auerbach’s sons in Jerusalem, 5761.

[3] A number of years ago I was fortunate enough to be able to find and purchase a somewhat worse for wear copy of Ma’adanei Eretz in a second hand seforim store in New York.

[8] Thus, for example, the Sefer HaMafteiach in the Frankel edition of the Rambam does not include any references to the chiddushim of Rav Kook on the Mishneh Torah. Present day works on shemitah rarely include the contributions of Rav Kook (even with regard to matters unrelated to the heter mechirah). Needles to say, Rabbi Chaim Kanievski’s Derech Emunah on Rambam’s Sefer Zeraim (inc. Shemitah veYovel) does not refer to Shabbat HaAretz etc.
Rav Kook’s haskamah that was, in his heyday, often the crown of glory on many seforim is now viewed with derision by many, and has even been ‘removed’ from later editions of the same works (sometimes, apparently, by the author himself!).

[9] Recent explorations into Rav Kook’s (heretofore) esoteric thought may add to the evident anxiety that exists in certain circles regarding the relationship between Rav Kook and Rav Auerbach. [See Avinoam Rosenak, “Hidden Diaries and New Discoveries: the Life and Thought of Rabbi A.I. Kook,” Shofar: An Interdisciplinary Journal of Jewish Studies 25:3 (Spring 2007): 111-147. See also his review article, “Who’s Afraid of Secret Writings? Eight Files from the Manuscripts of Rabbi Kook,” Tarbiz 9:2 (2000): 257–291]. Most recently, see Yehudah Mirsky, “An Intellectual and Spiritual Biography of Rabbi Avraham Yitzhaq Ha-Cohen Kook from 1865 to 1904,” (PhD dissertation, Harvard University, 2007), esp. 450-485.

[10] In the course of time we may yet witness the birth of reports to the effect that Rabbi Auerbach (and/or: the Rabbis who gave their glowing haskamot) regretted ever having published (written approbations for) his Ma’adanei Eretz. Clearly Rabbi Auerbach’s regret will have to have been expressed ‘be-sof yamav’, since in 1972/5732 he was evidently still enthusiastic about the project.

[12] The purpose of this article was to explore one example of a particular trend in contemporary rabbinic censorship. It was not written in order to express a view on, or assess the virtues of, the heter mechirah or its proponents. [Whilst this is totally irrelevant (at least to the subject matter at hand), I will attempt to save the time of many potential speculators by putting on record that I personally do not rely on the heter mechirah. The Lubavitcher Rebbe zy”a, whose rulings I attempt to follow, was far from enthusiastic about the heter mechirah and encouraged all Jews to observe the shemitah without recourse to the heter mechirah].

It is virtually impossible to write up a review of the literature out there on shemitah seforim as the seforim keep on coming out. For some odd reason people out there feel this is their place to contribute to our vast torah literature. As of last shemitah in the middle of the year I inquired at a local seforim store how many books did he get on the topic of shemitah. He said over seventy five! By now that number has certainly doubled. My personal recommendation is if someone is working on a sefer on shemitah, unless it is incredible, do not waste your time printing it.

I will list just one recent very important reprint, the sefer Torat Yonasan (originally printed in Vilna, 1888) written by R. Yonasan Abelmann (1854-1903). This sefer was not without critics. R. Abelmann , however, responded in his teshuvot, Zikhron Yonason, Vilna, 1904, Kuntres Devar HaShmita (see pages 158b-187b). He discusses, among others, the opinion of the Bet HaLevi.

Interestingly enough with all the reprints and new stuff coming, out the Madanei Eretz of R. Shlomo Zalman on Mesechtat Shmitta has yet to be reprinted. The sefer, as everything this godal Hador (not that he needs my recommendation) wrote is excellent and very important to many issues of Shemitah but being that it deals with R. Kook so chas vesholom they could not reprint it.

The main point of this post is to share with you an incredible story relating to shemitah that I read a while back. This story is found in one of the best and most honest books (at least in my humble opinion) written about many gedolim from Yakov Mark. Dan has posted on this book a while back. There is much to add to what he wrote, perhaps I will return to it another time. For now just the story. Yakov Mark records a story (Gedolim fun Unzer Tzeit, New York, 1927, pp. 117-18 and translated into Hebrew, B’Mechtizah shel Gedolim, Jerusalem, 1958, p. 104) of a meeting he had with R Yakov Lipshitz, the famous secretary of R Yitchack Elchonon Spector (and for purposes of the story below, it is important to note that R. Lipshitz was an anti-Zionist):

Be that as it may, there is much discussion about the content of this Targum. For instance, perhaps most famously, this Targum “translates” the prohibition against cross-dressing as prohibiting women from donning Tallit and Teffilin. While there are some complete works on the Targum (see the lists in Kasher, supra, as well as Kasher’s discussion on the Targum generally in Torah Shelemah, and Kressel, Ma’ada haMikrah), most of the discussion which touches on this Targum appears in books which are not directly related to this Targum. This makes it difficult to locate but now this has been remedied with a new edition (thus far on Berashis, Shemos, and most recently Devarim) which collects just about everything on this Targum.

The work is titled Sa’resi Ba’Midinah and is edited by R. Henoch Levine.* As mentioned above, a major difficulty is locating the discussions on this Targum, this edition has uses hundreds of books and collected the relevant material for the reader. Additionally, an especially nice touch and one lacking (if you are sensitive don’t read the rest of the sentence) in many seforim today, it includes a bibliography of all the works used. This bibliography is not just a list of titles but even provides which edition was used to make it easy for the reader to check the source themselves. Further, the author as well as the topic (many books have the same name) are included to further insure ease of location of the sources. The breadth of sources is astounding. Further, a index which includes Tanakh, Shas, Midrash, and Shulhan Arukh, is included as well. All of this is printed on nice paper in clear text. The Targum is included as well as the text of the Torah, Onkelos, Rashi, and Toldot Aaron.

As for the Targum itself, according to the introduction (which appears in the Shemot volume) the editor attempted to correct the text. But, it is unclear how or what he did on that front. There are critical editions of this work (see the sources supra) but I can not tell if he used them.

The one shortcoming appears in the introduction. There, the editor, using the book Yanchanu which is devoted to defending the notion that this targum is in fact from R. Yonason, attempts to show that this work is truly from R. Yonason b. Uzzeil the Tanna. He spends the bulk of the introduction on this task. As we know this has been shown to be wrong. Additionally, what is particuarly disturbing is one manner in which the editor (recounting as it appears in Yanchanu) “proves” his point. The editor marshalls R. Tzvi Hirsch Chayes (Maharetz Hiyot), the editor alleges, the Maharetz in a footnote also allows the author is in fact the Tanna. The citation is to a footnote in Minhat Kinot, Mahritz’s defense of Orthodox Judaism against Reform Judaism. (there is no pagination in the introduction but it appears in the second page of the introduction) The footnote in fact is not really on point. But setting that aside, Maharetz wrote an entire work discussing the various Targumim, and specifically discusses the Targum Yonason. Maharetz says explictly the commentary on the torah is NOT from the Tanna. (See Imrei Binah no. 4). Maharetz is not the only “traditional” scholar to argue this, a bit earlier, R. Shlomo Chelm, author of the Merkevet HaMishna (a fascinating character in his own right) also says this Targum is not from the Tanna. (Merkevet HaMishna, Ma’chelet Assurot, 1:8). Thus, while a quote in isolation may support the notion Yonason was in fact the author, the R. Chayes himself was clearly of the opinion this Targum was not from Yonason.

In the US, the books are available at Beigeleisen and possibly others and in Israel try Girsa.

*[To make this clearer, as there seems to be some confusion, I will first discuss the positive points of this work and then discuss some drawbacks. Perhaps this format will enable anyone who doesn’t want to know about the drawbacks to stop reading or, if need be, cover over the final paragraph.]

It was not until 1880 was the full edition on the Torah published by Dr. Solomon Buber. I have used the Dr. appellation as he had a doctorate but I am unsure if he had semikha, this however, is not a bar to the use of the Rabbi appellation, as in the Vilna Shas in the Achrit Davar at the end of Mesekhet Niddah, he is referred to as R. Solomon Buber. Dr. Solomon Buber dedicated this work to the memory of his father, R. Yeshaiah Avraham Halevi. Additionally, the portions on the five Meggilot were published around that time for the first time as well, Esther 1886, Ruth in 1887, Eicha in 1895 (there was an edition published the next year in Calford, England, which was touted as the first edition, in actuality it was the second edition), Kohelet in 1904, Shir haShirim in 1909. Now, as Prof. Horowitz has noted, Makhon Zikhron Ahron has republished the section on the Torah and five Meggilot with Buber’s comments as well as a few notes from R. Yerucham Fishel Perla.

Although they neglect to mention where they located that R. Perla’s notes, appeared 50 years ago in the journal Hadarom which they most probably found in Sa’rei haElef. Aside from the above they reset the type. Importantly, however, the text remains the same as it was in 1880. A simple search of the Jewish National and University Library (JNUL) catalog reveals that there are at least sixty some manuscripts available, most were neither available nor used by Buber in his edition, but nor are they used in this edition.

Instead, our edition is frozen in the late nineteenth-century. These manuscripts contain much additional information as was already pointed out by Prof. Yisrael Ta-Shema in his article on this work. Now, lest one think that Buber’s edition the type was unreadable, rather it was a highly readable edition, further, it was not unavailable, but instead reprinted on many occasions in photomechanical offsets, and in fact, as Prof. Horowitz noted, this new edition the Greek is almost unreadable as they did it by hand or via cut and paste. Why then this work was republished in this “special” edition but remained as it was is rather unclear.

This is not the only time this Makhon has failed to use important manuscripts when reprinting something. Additionally, this same Makhon reprinted the Perkei D’Reb Eliezer. What is shocking about this is that there are very important manuscripts, manuscripts which this Makhon did not bother using, which one doesn’t have to even go to a library, they are online! There is an entire project devoted to the correct text of the Perkei D’Reb Eliezer. Instead, as they did here, they merely reset the type and reprinted the Perkei D’Reb Eliezer. Of course, no one is obligated to use every manuscript, but when as is the case both here and in the case of the Perkei D’Reb Eliezer, the prior editions are available, what is the point in merely resetting the type and reprinting the books? A good example of a reprint where it was valuable was the case, by this same Makhon where they reprinted and reset the type of some important unavailable works on the Shulhan Arukh, including R. Chaim Buchner’s Or Chadash, Nachlat Tzvi, and Olat Shabbat (which the Magen Avraham refers to by the abbreviation O.S. on many occasions). This as an excellent reprint as the earlier editions were difficult to come by and difficult to read. Or, again the same Makhon, reprinted the Levush. This edition is beautiful. They reset the type included, in the proper place both the Eliyahu Rabba and Zuta, the commentary of the Hida’s grandfather from manuscript, as well as notes and other commentaries. This is excellent and has now been reprinted in a smaller format. The Makhon also printed an edition of Perek Shira which has three commentaries from manuscript one being from R. Dovid Oppenheim, that was also very good. Thus, I want to make clear, that while the books such as Lekah Tov are disappointing, this Makhon has published some excellent works.

Now, however, it is worthwhile noting that this Makhon is set up as a public service and as such is not out to make money. And, it is highly laudable to reprint seforim, my point here, is to merely point out some areas where the Makhon can improve.

It may be instructive to discuss how we know what we already do about this work, and I apologize to those readers who already know this. First, as mentioned above, for bibliographical information on this sort of work, R. Menachem M. Kasher’s Sa’arei HaElef is irreplaceable. As noted above, he records that R. Y. Perla’s comments had been printed. Additionally, he provides the location of reviews on Buber’s edition. As this work was updated by Kasher’s student, Mandelbaum he also adds to this information as well. Recently, Prof. Simcha Emmanuel has updated Sa’arei HaElef as well but only the poskim portion, hopefully a full update will happen soon.

Setting aside the more general tutorial, wWe can turn to the work itself. Prof. Ta-Shema wrote an article which he intended to publish in Sidra, however, he died before he was able to submit the final version for publication. Nevertheless, in the posthumously published Keneset Mechkarim vol. 3 (pp. 259-94) we have this article, “Midrash ‘Lekah Tov’ – Its Historic Place and Purpose.” Prof. Ta-Shema reviews the work and points out important details. He discusses the various laws and customs gleaned from this work.

Particularly timely is the appearance, in this work, of the custom to blow the shofar during the month of Elul.[1] this work contains much in the way of explicating the law, one of the purposes is to demonstrate the close connection between the written and oral Torah and thus much is devoted to showing how the laws are derived from the Torah. This focus was in part to disprove the Karaites. And, as Ta-Shema notes, it was not only strictly legal questions which the Lekah Tov disputes with the Karaites, rather substative theory is addressed as well. This is one of the many times the various available manuscripts come into play. (See Ta-Shema pp. 269-71). There are numerous examples where Lekah Tov takes issue with the Karaites, including lights on Shabbat, Yemi Taharah, an established calendar, and Shavuot.

Ta-Shema notes that the style of this work is to explicate the verses in a fairly peshat oriented manner similar, although not the same, as Rashi. In fact, they were contemporaries. This fact is particularly important for understanding Rashi. Specifically, there is a question whether Rashi’s commentary on the Torah as we have it today is all from Rashi or have there been additions. Obviously, whether we can say all which is attributed to Rashi is in fact from him is rather important. The question with the Lekah Tov is that there appear quotes from the Lekah Tov in Rashi. Well then we must decide when the Lekah Tov was disseminated. As if it was not until after Rashi then it is clear that there must be at least some later additions to Rashi’s commentary, if Lekah Tov significantly predates Rashi then this poses no problem. But, this is all complicated by the fact the Lekah Tov seems to have used Rashi and visa versa. One possibility which would explain this is that both these works went through more than one edition, thus in the very first edition of Rashi he did not include the Lekah Tov, but after he got a hold of it and Rashi was revising his commentary he included those comments and the same for the Lekah Tov’s use of Rashi. According to this explanation the fidelity of Rashi is not questioned.[2] But, as is apparent this is a very important question, one which could have been explored had an attempt to reconstruct when and how many editions the Lekah Tov was originally written in and when.

As should be apparent, Prof. Horowitz’s criticism of this edition are well-founded. It is especially unfortunate that today when it is so easy due in part to the advances in technology that it seems at times we have not progressed at all.

Notes
[1] For more on this topic see, among others, Pardes Eliezer, Chap. 1, 29-88; Yehiel Goldhaber, Minhagei HaKehilot, pp. 5-8; Oberlander, Minhag Avoteinu, Vol. 1, chap. 1, 3-23; Daniel Sperber, Minhagi Yisrael, vol. 2 pp. 204-14.

[2] For more and additional sources discussing this question see Yisrael Ta-Shema pp. 266-7 n. 25; on the various edition of Rashi’s commentary to the Talmud see Y. S. Speigel, Amudim B’Tolodot Sefer HaIvri Kitva V’Hataka, pp. 113-22. The claim that a work attributed to an author is not fully from him is used by many to explain various perceived inconsistencies. As Prof. Marc B. Shapiro pointed out, in his recent post at the Seforim blog, R. Moshe used this to explain controversial comments of R. Yehuda HaHassid. See Speigel, id. pp. 271-75 and generally id. chapter 6 discussing responsa literature. For an example of this in the case of a Torah commentary see the comments of R. M.M. Kasher Torah Shelmah where he claims that a particularly controversial passage of the Ibn Ezra’s commentary where he seems to imply Moshe did not write various portions of the Torah was inserted later.

The new edition of Lekah Tov consists of three volumes published by Zikhron Aharon Jerusalem with a forward by Yonatan Blier. The first volume is on Bereshit and Shemot, the second on Vayikra, Bemidbar and Devarim and the third the five Megillot. All three volumes are newly typeset, clearly and beautifully printed with the Biblical verses commented on printed in clear bold type on very good quality paper, and handsomely bound. The volumes are aesthetically attractive and elegant.

The first volume contains R. Salomon Buber’s edition of Lekah Tov on Bereshit and Shemot, with his introduction and comments. The only addition that has been added beyond the original Buber edition are the scattered comments of R. Yeruham Perlow (author of the encyclopedic commentary on R. Saadia Gaon’s Sefer Hamitzvot). If collected, the comments would make up not more than two or three pages at the most. Buber’s introduction was moved to the end of the third volume. The typesetters of the new volume obviously did not have Greek on their computers. Thus Buber’s Greek references in the introductory essay were simply skipped. The Greek references in the footnotes to the text were literally (physically) cut and pasted from a printed edition. Thus beyond the aesthetics there is almost nothing new in this volume.

The second volume of Lekah Tov contains Vayikra, Bemidbar and Devarim with the commentary of R. Aharon Moshe Padwe of Karlin, all reset from the original Vilna 5681-4 edition. In addition this volume contains newly printed the commentary by R. Avraham Palaggi, the son of R. Hayyim Pallagi (author of Kaf Hahayyim et al). The commentary itself has very little to do with the Lekah Tov. It is a series of derashot or pilpulim based mainly on the works of the Ketav Sofer and adds very little to the understanding of the work. This volume also has scattered comments of Rabbi Perlow.

The only volume that is really useful is the third volume which contains the Lekah Tov to all the five Megillot with whatever comments the original editors added. To the best of my knowledge the Lekah Tov to the Megillot has not been collected until now, and thus only in this volume is there some real added value beyond the new typesetting.

The Perush Sefer Yezirah of R. Yehuda b. Barzilai Barceloni was published once before by Shlomo Zalman Hayyim Halberstam in Berlin in 1885 with a detailed introduction. The present edition was published in 5767 (2007) by Aharon Barzani and Son, Tel Aviv with an introduction by Amnon Gross. The book is clearly printed and well bound; the text is divided into sentences and paragraphs, which was not done in the original edition. The division into sentences and paragraphs is the main contribution of this edition. The original edition did not contain any footnotes or sources. It contained an introduction by Halberstam which was partially reprinted in this volume. The editor Amnon Gross eliminated form the introduction the list of R. Yehuda Barceloni’s sources saying that they are now noted in the new text and hence it is unnecessary to include them in the introduction (!!). Indeed Gross inserted source references in the text, but they are inserted on a haphazard and inconsistent basis.

The original edition of the commentary on Sefer Yezirah contained important appendixes of Halberstam, David Kaufmann and Jacob Reifman. Those appendixes were not reprinted in this volume although only some of the corrections in these appendixes were incorporated into the text, again on an inconsistent basis.

I did not check the integrity of the text itself to see whether Gross accurately reproduced Halberstam’s text; in light of all the other inconsistencies in the editing – hashdehu.

In summary both publications are disappointing. The first has very little that is new, and the second is edited in such a careless fashion as to make one prefer the original printing.

*Professor Carmi Horowitz received his semikhah at the Rabbi Isaac Elchanan Theological Seminary (RIETS), an affiliate of Yeshiva University, where he studied with R. Joseph B. Soloveitchik. He received his doctorate from Harvard University (1979) where he wrotes his dissertation was on “A Literary-Historical Analysis of the Sermons of R. Joshua Ibn Shu’eib,” under the direction of Prof. Isadore Twersky. He has published on that topic as well as on the Rashba, the Mabit and on the Derashah literature. After teaching at Ben Gurion University he headed Touro’s Graduate School of Jewish Studies in Jerusalem and is now Rector of Machon Lander in Jerusalem (an independent academic institution). This is his first contribution to the Seforim blog.

Recently, Makhon Oz VeHadar reprinted the Arukh HaShulhan, and that reprint has been the subject of some harsh criticisms. The critique points to two major problems. First, this edition includes the Piskei Mishnah Berurah which, in the reviewer’s mind, unconscionable. His reasoning is as the Arukh HaShulhan is a “piskei” work in its own right, there is no need to include the work of someone else as it undermines the force of the Arukh HaShulhan’s pesak.

Second, the review highights the biography which is included in the introduction. The reviewer demonstrates that much of this biography comes from two sources, R. Meir Bar-Ilan’s MiVolohzhin l’Yerushalim and R. Maimon’s Sa’are haMeah, neither of which are ever mentioned. R. Lior posits the reason for this exclusion is both of these works are “Zionist” works and thus can not even be cited by some.

Of course, this would not be the first time Oz VeHadar is guilty of such viewpoint censorship. As pointed out previously, another recent Oz VeHadar edition has similar flaws.

You can read the entire article here.

Last week I picked up a new sefer titled Nekadesh es Shimcha. What caught my attention was that it included not only Nekadesh es Shimcha but also the work Meleches haKodesh from R. Eleazar Fleckeles (most well-known for his Teshuva m’Ahava). What follows is a short biography of R. Fleckes, a review of Meleches haKodesh, and a review of the new sefer – Nekadesh es Shimcha.

R. Eleazar Fleckeles was born in 1754 in Prague. He was a direct descendant of R. Shlomo Ephraim Luntschitz, author of the Keli Yakar, whom R. Fleckeles quotes many times throughout his writings. When R. Fleckeles was 14, he went to study with R. Ezekiel Landau and spent ten years studying there. R. Landau, as is evident from his haskamot to R. Fleckeles works, held R. Fleckeles in high regard. Additionally, many teshuvot in Noda b’Yehuda are penned to R. Fleckeles. In R. Fleckeles’s writings, he quotes many interesting statements from R. Landau [for one example see here]. When R. Fleckeles was twenty-four, he became the Rabbi of Kojetin, a town in Moravia. After four years, however, R. Fleckeles returned to Prague to sit on R. Landau’s Bet Din and serve as a head of a yeshiva.

R. Fleckeles authored many works, works covering halakha, derush, and a commentary on the Haggadah. R. Fleckeles was a skilled halakhist as is evident from his Teshuva m’Ahavah, but his fame also rests on his skills as a darshan. His derashot were published in a four volumes, Olat Chodesh. The fourth volume contains, R. Fleckeles series of derashot he gave against Shabbatai Tzvi and Jacob Frank (this section has a seperate title, Ahavat Dovid). One of themes which run throughout his derashot is an emphasis on learning Shas and Poskim and not Kabbalah. Recently, Professor Marc B. Shapiro printed an interesting correspondence between R. Fleckeles and Karl Fischer, a government censor, about Nittel Nacht, which first appeared as “Torah Study on Christmas Eve,” Journal of Jewish Thought and Philosophy 8 (1999): 350-55, and then as “A Letter of R. Eleazar Fleckeles Concerning Torah Study on Christmas Eve,” Ohr Yisrael 30 (2002): 165-168. This was not the only correspondence between the two, as a well-known teshuva appears in Teshuva m’Ahavah in response to Fischer’s question about Jew’s taking oaths. Teshuvah m’Ahavah, vol. 1, no. 26.]. In 1826, R. Fleckeles died after serving for 43 years on the Prague Bet Din.

Amongst R. Fleckeles lesser known seforim is the Meleches ha’Kodesh. The book differentiates between the names of Hashem, which are kodesh and which are chol, using the Bavli, Yerushalmi, Midrash, three Targumim, and all the various m’farshim on the Chumash. The reason the differentiation is important is that every time a sofer writes a kodesh name of Hashem, he needs to makes sure it is l’Shem Kedushas HaShem. If the sofer does not do so, the Sefer Torah is invalid. Although there are many instances it is obvious when the name is kodesh, there are many times it is unclear. Over time, there have arguments amongst the various poskim what to do in the ambiguous situations. R. Fleckeles collected all the prior opinions and provides his own conclusion for these questionable Shems.

R. Fleckes begins each of his discussions by quoting an earlier work on the topic Meir Netiv by R. Yehuda Piza [this first appeared in the Chumash R. Piza published in Amsterdam in 1767, Ezras HaSofer – R. Piza will be the subject a forthcoming post at the Seforim blog.] R. Fleckeles then provides additional sources not considered or quoted by R. Piza and then R. Fleckeles comes to his conclusion. In the process, R. Fleckeles demonstrates a tremendous breadth of knowledge in the works of Chazal, the Rishonim, and Achronim. What is extremely interesting about both of these works are the sources used to reach their conclusions. They use, amongst others, the Ibn Ezra, Abarbanel, and the Ralbag, these sources are not typically used to form a halachic conclusion. Even more noteworthy, are some of the sources R. Fleckeles uses, the Me’or Eynaim by R. Azariah di Rossi, as well as Mendelssohn’s Biur (pp. 4, 52, and 88). R. Fleckeles also quotes R. Shlomo Dubnow a few times (pp. 92, 115). What is particularly striking about the quotes from Mendelssohn, is that R. Fleckeles, like R. Landau [although R. Landau’s opinion is subject to some debate] was firmly against the Biur. (See Alexander Altman, Moses Mendelssohn, pp. 486-88; Moshe Samet, Chadash Assur Min haTorah, pp. 76-7; Meir Hildesheimer, “Moses Mendelssohn in Nineteenth Century Rabbinical Literature,” Proceedings of the American Academy for Jewish Research (PAAJR) 55 (1988): 79-133, esp. p. 87 n. 23.)

The Meleches haKodesh is divided into two parts, the first, discussing the ambiguous verses, and the second, a through exposition of writing holy-names more generally. Throughout the book, while discussing the specific questions, he includes many of his own explanations of the pesukim. Additionally, he discusses many things of interest in halacha and aggadah not directly related to the main topic. Both of these factors make this an important work even for someone not involved in the topic of the usage of Hashem. [The second part is not reprinted in this new work.]

For instance, there is a discussion when did the author of Onkoles live. (pp. 4, 77). A discussion about the famous controversy of reciting Machnesei Rachamim. R. Fleckeles cites his teacher, R. Landau, that R. Landua when he said Neliah was careful not to pray to the angels. (p. 15). R. Fleckeles writes that tzadikim are greater than angels. (p. 42). Elsewhere he writes that even regular people are greater than angels. (pp. 104-5). At least twice he quotes Torah he thought of in his dreams. (pp. 14, 95). He records an interesting rule that wherever Chazal use “lamah” (למה) it is because they want to find out the reason for doing something that they do not know any reason for. This is in contrast to the usage of mipneh mah (מפני מה) which is used when there is a known reason but are not satisfied with that reason. (p. 110).

When it comes to the Zohar, R. Fleckeles uses interesting language. After quoting one statement from the Midrash of R. Shimon bar Yochi, he notes that there is a contradictory statement found in the Zohar, to which R. Fleckeles writes:

(pp. 5-6). Elsewhere he writes with regard to having special kavanot when saying the name of God “ומעולם לא עלה על הדעת קדושים הראשונים חכמים וסופרים לחשוב מחשבות וספירות כי בימיהם לא ידע מאומה, בלי מה מספירה.” (p. 133).

In general, throughout R. Fleckeles writings, there are interesting statements about Kabbalah and the Zohar especially, in the above mentioned Ahavat Dovid. In the introduction to that work he quotes a letter from R. Naftai Hertz Wessley which says

Aside from the content of the letter, it is noteworthy that R. Fleckeles quotes R. Wessley at all, as Wessley was one of the early leaders of the haskalah movement and close to Mendelssohn.

The book ends with eulogies and has a separate title, Kuntres Nefesh Dovid v’Nefesh Chayah. This section is comprised of eulogies R. Fleckeles said on his parents, and includes many wonderful explanations of derush on all kinds of topics.

All of this is included in the back of the new work, Nekadesh es Shimcha. This work also is on the topic of the names and status thereof, of God in the Torah. Its author, R. Yehuda Farakas, includes many haskmos including that of R. Elyashiv. The main purpose of this book is to update R. Fleckeles work with the many sources which were unavailable to R. Fleckeles. There are also discussions of pesukim R. Fleckeles did not discuss at all.

Again, R. Farkas uses many works which are not typically used in a halachic context, this includes recently published manuscripts. Amongst the more noteworthy are the Pirush R. Avrohom ben HaRambam, Radak, and Bechor Shor. The use of these runs counter to the well-known opinion of the Chazon Ish regarding newly published manuscripts. R. Farkas also uses many commentaries on the Targumim and Ibn Ezra not otherwise used by most. Throughout, he quotes the pesakim of R. Elyashiv.

In conclusion, this an impressive, encyclopedic work on the topic of God’s name. This is helpful in understanding the meaning of various pesukim in the Chumash. It is noteworthy that the controversial quotes remained, such as that of Mendelsshon. It is possible R. Farkas was unaware the Nesivos Shalom is the title of Mendelssohn’s Biur. The one criticism is R. Farkas’s decision not to republish the second part of Meleches haKodesh which would have made this a complete one-volume compendium on this topic.

After R. Epstein died, his children took over publication. Although, today, for the most part, the Arukh HaShulhan is merely a photo-mechanical reproduction of the earlier editions, one line is typically missing – which child was the publisher. That is, the title page of the orginally posthumously published editions contain the following legend (reproduced below – you can click for a larger version):

So the person who ended up publishing the bulk of the Arukh HaShulhan was R. Epstein’s daughter. While this is not all that remarkable, there were many notable women publishers (most well-known, the Widow Romm), it is interesting that it was not R. Epstein’s famous son, R. Barukh, but instead, this task fell to his daughter. This line no longer appears in today’s copies of the Arukh HaShulhan.

Additionally, some of the volumes contain important genological information (reproduced below – you can click for a larger image) on the Epstein family. For instance, as you can see below, Brina discussses the fact that (a) she is strapped for money and looking for someone to help defray the printing costs; and (b) that her son Dovid, died young in “New York, the Bronx, in America.” Further, she discusses her husband. Additionally, she notes that she has “published 15 volumes [of the Arukh HaShulhan] and four more volumes remain in manuscript.” Finally, she notes that there is a second volume of R. Epstein’s work, Or L’Yisharim which also remained in manuscript.

A few weeks ago, while perusing through the new Seforim at the Girsa Seforim store in Jerusalem, I noticed a new מנחת פתים from ר’ מאיר אריק. At first I thought it was another plain old reprint of the original one. But a few friends tipped me off to it being much more than a reprint. So off I went to purchase the seforim. This is a short review what this version is exactly.

It’s a well known fact that, ר’ מאיר אריק left over a great deal of written works; as opposed to his brother ר’ פישל who was also a great gaon, but wrote nothing. One of his more famous works is the מנחת פתים on ד’ חלקי שלחן ערוך. The concept behind the sefer is a published listing of his comments on שלחן ערוך, some lengthy with the expected back and forth, others short with only references. Many of these citations are to rare seforim, or other not-usually available sources, all locally annotated with his tremendous בקיאות. One point of interest is his usage of new ראשונים such as the מאירי and אור זרוע. Anyone learning הלכה knows how valuable this work is- it does not require my personal הסכמה (who am I to even dare give it one!) as the work speaks for itself! The work on אורח חיים was reprinted a few times, most recently a few years ago by מכון עוז והדר. The part on יורה דעה חושן משפט ואבן העזר was also reprinted a few years ago in a photo-mechanical reproduction of the 5658 (1898). This new version only came out with two volumes so far – on אורח חיים ויורה דעה. The individuals responsible for its publishing have already proven themselves with the טל תורה החדש and שו”ת אמרי יושר (both the original editions as well as a new volume compiled from manuscripts and responsa published in rare journals) that they put out 10 years ago.

There are many great additions to this new version of the מנחת פתים. Firstly, over the years ר’ מאיר אריק had many additions to his מנחת פתים which he planned on printing. He never got around to it but right before WWII, two of his תלמידם gathered everything together including many manuscripts of his and they printed it, in Krakow in 1938. Being that it was right before the war it seems no copies survived the war – to the extant that no one seemed to even know about this edition. Miraculously, Rabbi Zweibel’s own Rosh Yeshivah had found a copy of this print from Krakow, and gave it to his student for reproduction! Aside from this, Rabbi Zweibel was privileged to see the actual שלחן ערוך thatר’ מאיר אריק used, which had many notes written in the margins. Further, he continued to track down other notes and novellas that ר’ מאיר אריק had written related to שלחן ערוך. All of this was included in this new edition. In addition, the editors did the kind favor of letting one know before each piece from where it comes from a manuscript or the Krakow edition etc. Almost every page contains a few new pieces so one can easily see how much exactly was added to this new printing. Along with all additions, the publisher included notes from two of his talmidim ר’ יהודה הורביץ andר’ צבי פרומר , famous for his work שו”ת ארץ צבי. They also separated all the תשובות that ר’ מאיר brings throughout the מנחת פתים from the body text, and put them in the back – so as not to confuse the user. In the back they include a תשובה from ר’ מאיר אריק to his תלמיד, הגאון ר’ משולם ראהט. Also included is an index of his other seforim, שו”ת אמרי יושר, ואמרי יושר חלק ג’ collating the topics relating to אורח חיים ויורה דעה (each index in its specific volume). All in all, this is a beautiful job and a good buy for those whose interests include these kind of seforim.

In recent years, a host of critical editions of works on various rishonim have been published on all topics – some seeing the light of day for the very first time – on topics related to halakha, kabbalah, and chiddushim on the Talmud. These works have been made available via the major printing presses such as Mossad HaRav Kook, Machon Yerushalyim, Machon Talmud Yisraeli, Machon Harry Fischel and others.[1] However, one very important work has noticeably been omitted from being reprinted, except for a photomechanical off-set of the second printing. This work is Sefer Toledot Adam ve-Chava and Sefer Meisharim, the halakhic works of Rabbeinu Yeruchem Meshullam (c. first half of the 14th century) who was a student of R. Asher ben Yechiel (Rosh), R. Shlomo ben Aderet (Rashb”a), and R. Abraham ibn Ismaeil – author of Chiddushei Talmid HaRashb”a on Baba Kamma. In this post I would like to discuss the story behind why it was never retype-set, until a few weeks ago.

Rabbeinu Yeruchem authored his works many years ago, in years of the range of צד (1334). He was a student of the Rosh and his works are quoted extensively by the Beit Yosef throughout Tur and Shulhan Arukh. The Maggid (an angel who learned torah with the Beit Yosef) of the Beit Yosef told him ואוף ירוחם טמירי רחים לך אע”ג דאת סתיר מלוי בגין דמלאכת שמים היא (מגיד משרים פרשת צו).

Rabbeinu Yeruchem’s work contains three parts one called Meisharim and the remaining two parts entitled Toledot Adam ve-Chava. The part Adam contains everything relating to the man from birth until marriage; whereas Chavah contains everything from after marriage until death. This work was first printed in Constantinople in רעו (1517) and is extremely rare; only two complete copies are known to be extant. It was reprinted a second time in שיג (1553) in Venice; this is the version available today in photomechanical off-set editions. But, the Chida already notes that “this edition is full of mistakes.”[2] He also writes that he saw a manuscript of this sefer and was amazed as to the large amount of missing text as well as gross errors in the printed edition. The question remains as to why this work was never retype-set as opposed to the works of other Rishonim?

The answer might be found in the words of the Chid”a[3] where he brings as follows:

שמעתי מרבנן קשישאי בעיר הקודש ירושלים שקבלו מהזקנים דספר העיטור וספר רבינו ירחום הם מבחינת סוד עלמא דאתכסיא וכל מי שעושה באור עליהם או נאבדו הביאור או ח”ו יפטר במבחר ימיו”

I have heard from old Rabbi in the holy city of Jerusalem that they have a tradition that the books, Sefer haIttur and Sefer Rabbeinu Yeruchum, they are a high secret and anyone who writes a commentary on these books either the work will be lost or they will die in the prime of their life.

He than goes on to list a few people who started working on expounding the sefer, and either died in middle or the work was lost. In a different place the Shem Hagedolim brings the words of the Maggid to the Beit Yosef in the Maggid Meisharim (end of parashat Vayakhel) where he writes as follows:

וכן במאי דדחית מילוי דירוחם טמירי שפיר עבדת וכן בכל דוכתא דאת משיג עליה יאות את משיג עליה וקרינא ליה ירוחם טמירי דאיהו טמיר בגינתא דעדן דאית צדיקייא דלא משיג זכותא דילהון למהוי בגינתא דעדן בפרסום אלא בטמירו אבל במדריגה רבא ויקירא איהו

This, says Professor Meir Benayahu, is the reason why there is a curse on retype setting the work. What is not understood is that this is a completely halakhic work, not kabbalistic in any way, so why was there such a curse?[4]

One such work, which the Chida already mentions, is R. Hayyim Algazi’s Netivot Hamishpat.[5] The title page already records with regard to R. Algazi, “תנוח נפשו בעדן” (may his soul rest in heaven) intimating he died in the process of writing this commentary.

Another work in this category is that of R. Reuven Chaim Klein’s Shenot Chaim.[6] Unfortunately, he also died amidst writing the sefer, at the age of 47. The title page also records that the author did not want his name to appear, one can suggest that perhaps he thought if his name did not appear, he would not be subject to the curse. What’s interesting to note is in the haskamah of R. Joseph Shaul Nathenson, author of Shu”t Shoel u-Meshiv, to R. Klein’s work, as he makes no mention of any cherem to this work, but does quote the Maggid Mesharim cited earlier. Additionally, R. Chaim Sanzer, in his haskamah to this sefer, makes no mention of any cherem.

The other work which the Chidah brings was under this curse was the Sefer HaItur. This sefer was privileged to be reprinted with a critical edition by the great R. Meir Yonah, who called the glosses ‘Shar Hachadash and Pessach Hadiveir.’ Dr. Binyamin Levine, author of the Otzar Hagaonim series, writes in his short biography on him – as he used this work in many his own seforim – that he also suffered many tragedies; i.e. he lost many children.[7]

Interestingly enough, I found a nice size work on Rabbeinu Yeruchem and the author did not die young. His name was R. Yehudah Ashkenazi (1780-1849) the work is called Yisa Bracha (available at HebrewBooks.org), printed in Livorno 1822. He authored many famous seforim such as the Geza Yeshai (klallim) (Livorno, 1842), Siddur Beit Oved (Livorno, 1843), Siddur Beit Menucha (Livorno, 1924), Siddur Beit HaBechirah (Livorno, 1875), and Siddur Shomer Shabbat (Livorno, 1892).

In spite of all the above, a portion of the Rabbeinu Yeruchum has now been printed based of the first printing as well as manuscript, by on R. Yair Chazan.

Based on the above, we find ourselves asking the question ‘why did this R. Yair Chazan decide to reprint this work?’

The answer is found in the haskamah to the sefer from R. Ovadiah Yosef, who wrote that the whole curse is only if one is writing a pairush/commentary – expository text – on the work. But if one’s whole intent is to just fix the printing mistakes, which is R. Chazan whole intention here, it’s not a problem. Besides for the haskamah of R. Ovadiah Yosef, there are a few other haskamot; amongst them R. Shmuel Auerbach and R. Chaim Pinchus Scheinberg.

Just to give a brief overview of this work, as mentioned before the earlier editions of the Rabbeinu Yeruchem are full of printing mistakes and is missing many pieces. What R. Chazzan did was to track down the existing manuscripts of the sefer and try to fix the mistakes and put in the missing pieces. He also puts in the sources of Rabbeinu Yeruchem and he brings down where it is quoted in various poskim. He retype-set it beautifully making it a pleasure to read and use in compared to the old print.

So far only the third volume (the חוה section) has been printed I hope to see the rest of R. Yerucham printed soon.

Notes:
[1] See here for Marc B. Shapiro’s appreciation for R. Yosef Buxbaum, founder and director of Machon Yerushalayim, posted at the Seforim blog.
[2] Shem Hagedolim, Mareches Gedolim, letter yud, number 382, quoting the Ralbach, (siman 109); see also R. Chaim Shabtai HaKohen, Shu”t Mahrch”sh, Even HaEzer p. 153,b (“it is already known that the book of Rabbenu Yeruchum has many errors and unnecessary wordage”); R. Y. Sirkes, Bach Y.D. no. 241 s.v. U’mah Sechatav Avor Aviv (“I have already studied this work [Rabbenu Yeruchum] and it is full of error – too many to count”); Y.S. Speigel, Amudim B’Tolodot Sefer HaIvri : Hagahot U’Magimim p. 247 n.121 for additional sources.
[3] idem.
[4] Pirush Sifri, Rabbenu Eliezer Nachum, Meir Benayahu, ed., (Jerusalem, 1993), Introduction.
[5] (Istanbul, 1669; reprinted by Pe’er HaTorah in Yerushalyim, circa 1975)
[6] (Lemberg, 1871; reprinted by Machon Yerushalayim, Jerusalem, 1985)
[7] Binyamin Levin, Mesivos: Talmud Katan leSeder Mo’ed, Nashim, u-Nezikin (Jerusalem, 1973), end of this book.

תוספות ר”י הזקן ותלמידו

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

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

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

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