Introduction: Arguments about eating in the sukkah on Shemini Atzeret outside of Israel have a long and somewhat baffling history.[1] While not the only example of practice in opposition to the Shulchan Aruch, it appears to be among the most argued. The gemara, Rambam, the Tur and the Shulchan Aruch, written in many locales, all seem to be as unambiguous as possible in requiring one to eat in the sukkah. The Gaon, incensed by the spreading Chassidic custom to eat outside the sukkah, perhaps lemigdar miltah, went so far as to mandate sleeping in the sukkah on the night of shemini atzeret, in opposition to the Maharil, the Magen Avraham and normative custom. Despite consensus among all major decisors to require eating in the sukkah, an undercurrent of opposition has existed from at least the times of the early rishonim. Support for that opposition has been based on a number of apparently legitimate points. However, despite some early and consistent opposition, despite the logic and halakhic rationale of those who did not sit in the sukkah, and despite the problematic nature of the gemara (as explained below), I hope to explain the basis for the concluding and declarative statement in the gemara: “we sit but do not make a berakha.” In fact, the assumption, explicitly found[2] as far back as the times of the rishonim, that the declarative ruling was interpolated at a later point, is fundamental to explain both sides of the controversy. Some, as early as the times of the rishonim, argue that we can discount such geonic interpolations in deference to the original text which, as will be demonstrated, concludes not to sit in the sukkah. My goal is to explain why the interpolation is to be followed despite its ostensible opposition to the remainder of the text. The major thesis proposed is that one has to differentiate between a period of doubt as existed in both the yerushalmi and bavli when rosh chodesh was declared based on the observation of witnesses and a later period when rosh chodesh was determined using a fixed calendar. The geonic interpolation into the text of the gemara occurred at that later point; its rationale and inconsistency with the texts of the gemara needs to be addressed from that perspective. If I am correct, then in the period when rosh chodesh was declared based on the observation of witnesses, as in the times of Rav Yochanon and Rav,[3] sitting in the sukkah was not always required. However, when the fixed calendar was in use, the rabbis (eventually) decreed that sitting in the sukkah on Shemini Atzeret was obligatory. It may well have been more akin to a gezairah required at their time versus a continuation of historic practice. The remainder of the paper focuses on:

• An analysis of the primary texts of the gemarot that demonstrates opposition to sitting in the sukkah on Shemini Atzeret.
• A conjecture that the level of doubt in the times of the gemara was minor.
• Possible objections to sitting in the sukkah on Shimini Atzeret when not required and why they were perhaps considered overriding particularly given the level of doubt. Additionally, there are critical factors that differentiate Shemini Atzeret from other cases of yom tov sheni.
• The interpolation by the geonim, and their insistence on sitting in the sukkah despite earlier halakhic rulings.
• The objection to the gemara’s conclusion by some early authorities and their different practices.
• Reasons that would exempt you from sukkah in general, would certainly exempt you on Shemini Atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah.
• A summary and a modest proposal.

Section 1 – An analysis of the primary text of the gemarot demonstrates opposition to sitting in the sukkah on Shemini Atzeret. The sugya in the bavli masechet sukkah beginning on 46b contains three parts:[4] A. The disagreement of Rav Yochanon and Rav. R. Judah the son of R. Samuel b. Shilath citing Rav ruled: The eighth day which may be the seventh is regarded as the seventh in respect of the sukkah and as the eighth in respect of the benediction. R. Yochanon, however, ruled: It is regarded as the eighth in respect of both. B. Two approaches to interpreting the disagreement. FIRST APPROACH: That one must dwell [in the sukkah on the eighth day] is agreed by all, they only differ on the question of the benediction. According to him who regards the day as the seventh in respect of the sukkah, we also recite the benediction [of the sukkah], while according to him who holds that it is regarded as the eighth in respect of both, we do not recite the benediction [of the sukkah]. R. Joseph observed: Hold fast to the ruling of R. Yochanan, since R. Huna b. Bizna and all the notables of his age once entered a sukkah on the eighth day which may have been the seventh, and while they sat therein, they did not recite the benediction. But is it not possible that they were of the same opinion as he who laid down that once a man has recited the benediction on the first day, he has no more need to recite it? — There was a tradition that they had just come from the fields. SECOND APPROACH: (the ikka de’amri) There are some who say that the ruling that one must not recite the benediction [of the sukkah] is agreed upon by both, and that they only differ on the question whether one must sit [inthe sukkah]. According to him who ruled that it is regarded as the seventh day in respect of the sukkah, we must indeed sit in it thereon, while according to him who ruled that it is regarded as the eighth day in respect of both, we may not even sit in it thereon. R. Joseph observed: Hold fast to the ruling of R.Yochanan. For who is the authority of the statement? R. Judah the son of R. Samuel b. Shilath [of course], and he himself sat on the eighth day which might be the seventh outside the sukkah. C. A declarative ruling that “we sit but do not make a berakha.” And the law is that we must indeed sit in the sukkah but may not recite the benediction. A. The disagreement of Rav Yochanon and Rav: Rav states that Shemini Atzeret is treated as the seventh for “this” and the eighth for “that.” Rav Yochanon states it is the considered as the eighth for “this” and “that.” The two approaches differ as to what “this” and “that” refer.[5] B. Two approaches to interpreting the disagreement: The first alternative assumes that all agree that sitting in the sukkah is obligatory; the argument concerns whether to make a berakha. In this approach Rav is asserting that one makes a berakha “leishev ba’sukkah.” The phrase “the seventh for this” refers to this obligation for a berakha on sitting in the sukkah. “The eighth for that” refers to the fact that the other prayers of Shemini Atzeret – kiddush and tefillah – mention only the eighth day and make no mention of Sukkot. Rav Yochanon asserts we make no reference to Sukkot, making no berakha when sitting in the sukkah on the eighth. It is the eight for “this” refers to sitting in the sukkah without a berakha; “the eighth for that” is interpreted identically to Rav. According to both opinions, “this” refers to whether or not a berakha is made when sitting in the sukkah on Shemini Atzeret. According to both opinions, “that” refers to the mention of only Shemini Atzeret in the prayers of the eighth day. This reading is rather forced in that there does not appear to be any disagreement about what holiday ought to be referred to in the various prayers and blessings of the eighth day. While the word “this” is informative, the word “that” is not. Stating both Sukkot and Shemini Atzeret in one prayer/blessing would be contradictory; declaring a day to be both Sukkot and Shemini Atzeret was never even raised as a possibility and for good reason. The first approach then quotes practice that supports the view of Rav Yochanon, suggesting that we are to follow the opinion of Rav Yochanon. The second approach assumes not making a berakha on sitting in the sukkah is undisputed; the argument is about even sitting in the sukkah. Thus the second part of the phrase – the eighth for “that” states that common view of both Rav and Rav Yochanon omitting a berakha on sitting in the sukkah. “This” refers to the obligation to sit in the sukkah. Rav maintains for “this” it is considered the seventh and hence one is obligated to sit in the sukkah. Rav Yochanon maintains it is the eighth for “this” as well with no obligation to sit in the sukkah. Note that in this approach of the ikaa de’amri, both parts of the sentence are informative. The second approach then also quotes practice that supports the view of Rav Yochanon, suggesting that we follow the opinion of Rav Yochanon Were the sugya to end at this point, the conclusion would be clear for two reasons. Each reason itself is two-fold, resulting from both a general principle as well as a detail present in this specific case.

• First, generally, where there are two alternative approaches, the second, the ikaa de’amri, is assumed normative.[6] As well in this specific case, as indicated, the phrase of both Rav and Rav Yochanon is more informative in the formulation of the ikka de’amri.
• Second, when there is a dispute between Rav and Rav Yochanon, we generally follow Rav Yochanon.[7]As well, in this specific case the text in both alternatives immediately includes an example of practice that follows the opinion of Rav Yochanon.

Taken together, we would assume to follow the second alternative and the opinion of Rav Yochanon – and not sit in the sukkah on Shemini Atzeret. According to many readings, this conclusion is made even more strongly by the yerushalmi.[8] While the bavli addresses the obligation to sit in the sukkah, the yerushalmi notes that one may not sit in the sukkah while making kiddush but one may enter the sukkah afterwards if he so desires. While some rishonim quote this yerushalmi as opposing the psak of the bavli,[9] others claim[10] that the yerushalmi is addressing a region of Israel where there was no doubt about what day the courts declared rosh chodesh. Rabbi Schacter, in support of the former opinion, observed that the yerushalmi uses the expression “leilai yom tov achron;” the plural, “leilai” is only relevant if there is a yom tov sheni on the ninth. Given this interpretation, the yerushalmi is making a rather strong point of equating the nights of the eighth and ninth, dismissing any possibility of an obligation to eat in the sukkah on the eighth.[11] C. A declarative ruling that “we sit but do not make a berakha:” Despite the reading of the gemara as outlined, the bavli concludes that “we sit but do not make a berakha.” This opinion is that of both Rav in the second alternative and Rav Yochanon in the first alternative. This ruling corresponds to two of four opinions quoted; the two alternative opinions – not sitting at all or sitting and making a berakha – are only supported by one amora and only according to one alternative. Despite that, this ruling is contradicted by the normal principles of psak where we would follow Rav Yochanon’s opinion in the second alternative, as well as the yerushalmi. The language of the gemara “shemini safek shevii,” and in particular the various amoraim cited, place the gemara not in the period of calculation based on a fixed calendar, but still during a period where rosh chodesh was declared based on observation. During that period, yom tov sheni was observed because of real doubt and also, at some point, as a precaution even during those years where doubt did not exist. Given the establishment of a fixed calendar in 359 CE by Hillel II, it is not entirely clear in exactly what era yom tov sheni was firmly established and, more importantly, when it was extended to include sitting in the sukkah on Shemini Atzeret. It is entirely plausible, that this declarative ruling obligating sitting in the sukkah on Shemini Atzeret followed the period debated in the gemara by multiple centuries. This resolves the apparent contradiction in the text. Why this was not stated explicitly in the gemara is only problematic if one does not assume it was obvious. Section 2 – A conjecture that the level of doubt in the times of the gemara was minor. Returning now to the period of real doubt over which day was declared rosh chodesh, the question of why was sitting in the sukkah not considered mandatory? We will deal with a number of reasons that would argue against sitting in the sukkah in the next section. However, there are two factors that would reduce the level of doubt in the times of declaration based on observation.

• First, atmospheric conditions in the Middle East around the beginning of Tishrai are normally excellent and the ability for a new moon crescent to be observed is very high.[12]
• Second, the beit din had flexibility to reduce any doubt around Rosh HaShana. When necessary, the beit din could delay declarations of rosh chodesh Elul to guarantee that a moon’s crescent would always be present to be observed on the evening following the 29th of Elul.[13]

These two factors lowered the level of doubt considerably. In addition,

• the late date in the month when Shemini Atzeret occurs and
• the effort to determine Yom Kippur

would likely reduce the level of doubt even further. After fasting only on the 10th day of Tishrai as Yom Kippur, it is entirely possible that in spite of observing yom tov sheni on the first days of sukkot, the level of doubt was minimal and insufficient to overcome the objections covered in the next section.[14] Section 3 – Possible objections to sitting in the sukkah on Shemini Atzeret when not required and why they were overriding particularly given the level of doubt. Additionally, one can differentiate Shemini Atzeret from the more usual case of yom tov sheni on multiple grounds. There are two potential issues with sitting in the sukkah on Shemini Atzeret, tarti de’sasreh, acting in a contradictory manner[15] and violating the prohibition to add to a mitzvah, by adding an additional day of sukkah observance, particularly on Shemini Atzeret where sitting in a sukkah is not part of the observance.[16] In the case of sitting in the sukkah, a potentially neutral act, neither is violated if some aspect of performance is compromised; however, the degree of compromise required may be in dispute. Regardless of which of the two reasons[17] is invoked, in a case of limited doubt, one or the other or both may have been sufficient to make sitting in the sukkah on Shemini Atzeret either not obligatory or perhaps not even permitted without some restrictions. Both the yerushalmi and various opinions in the main text of the bavli, support this conclusion. At some point after a fixed calendar was established in the fourth century, a second day of yom tov was formalized (or maintained.)[18] As Rav Soloveitchik explained, an additional level of kedushat yom tov was applied to either an ordinary day (the day after a yom tov, isru chag) or the first day of chol hamoed because of sefaikah de’yoma. This additional level of kedusha, automatically invoked obligations for kiddush, tefillah, sippur yetziat mitzraim, etc. as well as prohibitions from work. Of course, such an approach could not be applied to Shemini Atzeret; it was already a holiday and one could not add to its kedusha, only change it. This was not done; note that we do not mention Sukkot nor do we observe the mitzvah of lulav. We simply sit in the sukkah without a berakha, something that is both different from a halakhic perspective from other observances of yom tov sheni that derive from the changed status of the day, and in Rav Soloveitchik’s opinion, less than satisfactory conceptually. He said, perhaps half-seriously, that despite his unwavering adherence to normative halakha, the position of the chassidim makes more sense. In any case, sitting in the sukkah is a unique observance with textual, historical and conceptual challenges. Section 4 – The interpolation by the geonim[19], and their insistence on sitting in the sukkah despite earlier halakhic rulings. I do not know the precise history of yom tov sheni. However, both reciting berakhot during yom tov sheni against normal halakhic practice,[20] as well as the assumed halakhic interpolation by the geonim requiring sitting in the sukkah on Shemini Atzeret may both have similar origin – the need to reinforce the observance of yom tov sheni. As Dr. Haym Soloveitchik points out,[21] the case of sukkah on Shemini Atzeret proves the wisdom of insisting on a berakha; the one mitzvah of yom tov sheni for which we do not recite a berakha, resulted in widespread non-observance. It seems more than likely that this interpolation was recognized as “outside the norm” if the practice during the period of doubt did not include sitting in the sukkah on Shemini Atzeret. Like berakhot, it may have been viewed as necessary particularly following a single day observance of Yom Kippur to strengthen the observance of yom tov sheni. One can only assume that the ruling’s discontinuity from the remainder of the text of the gemara was recognized and did not need elucidation; when first written, a then contemporary reader would recognize the change in practice. Section 5 – The objection to the gemara’s conclusion by some early authorities and their different practices. Given universal acceptance of the observance of yom tov sheni in the times of the rishonim, one would not have expected any deviation from the gemara’s definitive conclusion. Rabbi Schacter and Dr. Soloveitchik highlight a number of sources that illustrate the lack of universal acceptance of the gemara’s conclusion by Rashi’s rebbe and members of his family,[22] a distinguished member of the Maharil’s community,[23] and by a member of the Kolonymous family.[24] Citing the core sugya in the bavli and the yerushalmi, while certainly relevant does not in and of itself justify deviating from a clear conclusion even if it is of geonic origin. What is universally conjectured is that the cold climate of Northern Europe motivated a change. For the geonim omitting a berakha constituted enough of a heker to obviate either objection – either a tarti de’sasreh or violating a prohibition to add to a mitzvah by adding an additional day of sukkah observance. In a temperate climate, eating outside without a berakha renders sitting in the sukkah a more balanced act – clearly not a complete fulfillment of the obligation to sit in the sukkah, but, nonetheless, still honoring the institution of yom tov sheni shel galyot. However, in the cold climate of Northern Europe, even absent a berakha, either objection would, as it did in the times of real safek, make sitting in the sukkah (at least during kiddush) problematic. Note as well that the custom of returning to the sukkah during the day is consistent with this logic. During the day:

• the temperature is milder,
• there is no tarti de’sasreh from the recitation of kiddush, and
• having been absent from the sukkah at night, as Rav Soloveitchik pointed out, creates a discontinuity of performance that renders sitting in the sukkah the following day a non-violation of adding to the mitzvah.

What is perhaps most surprising is that even after the period of the Tur and Shulchan Aruch, Rav Yosef Yuzpa, the dayan in Frankfurt am Mein around the end of the 16th and beginning of the 17th century, when Rav Isaiah Horowitz, the Shelah HaKadosh, was Rav, in his sefer Yosef Ometz was still able to state that a family, descendant of Troyes, who does not sit in the sukkah, “has on what to rely.”[25] Section 6 – Reasons that would exempt you from sukkah in general, would certainly exempt you on shemini atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah. Mitztayer would exempt one from sitting in the sukkah not just on Shemini Atzeret but also on Sukkot proper. However, mitztayer is likely not binary. At one extreme, by living unnaturally in the sukkah one may not even fulfill one’s obligation, regardless of intent, as would be the case in extreme cold or very rainy weather. If, however, it is somewhat uncomfortable given the elements, sitting in the sukkah may no longer be obligatory, while it would still remain a fulfillment of one’s obligation. It seems logical as well to differentiate further the notion of mitztayer as it might apply to Sukkot versus Shemini Atzeret. Perhaps a yet lesser degree of mitztayer, not sufficient to allow eating outside the sukkah on Sukkot, might nonetheless, be more than sufficient to override and invalidate the level of heker made by not reciting a berakha. I have not seen any discussion of this notion by poskim, despite its apparent logic.[26] By analogy, one might not be legally drunk, but nonetheless it would be wise not to drive a car. Similarly, one might argue for eating outside the sukkah on Shemini Atzeret in conditions that do not meet the halakhic definition of mitztayer on Sukkot proper. Thus, cold temperatures that might not justify eating outside the sukkah on Sukkot could nonetheless justify, and indeed perhaps mandate, not eating in the sukkah on Shemini Atzeret. Rav Soloveitchik, in an attempt to justify Chassidic practice, noted the importance of the night of Shemini Atzeret, following the “guten kvitel” that Kabbalists associated with the day of Hoshana Rabbah. Like the exemption accorded to the celebration of sheva berachot even on Sukkot, when the sukkah does not comfortably provide adequate room, one can argue that the large celebrations by Chassidim where they are mekabeil penai rabbom, would similarly provide an exemption. I would add that here as well, a lesser degree of need might again be seen as voiding any heker provided by just omitting a berakha. Of course, while this explains why a tisch was held outside the sukkah, it does not in any way justify a general practice of avoiding the sukkah that has become widespread in many Chassidic circles.[27] Section 7 – A summary and a modest proposal. The discussion in the gemara covered a period of history where there was real doubt about the declaration of rosh chodesh, although in the case of Shemini Atzeret, that doubt was minimal. In the face of minimal doubt, the reasons not to sit in the sukkah prevailed. The geonim, perhaps in order to strengthen the notion of yom tov sheini, instituted the practice that “we sit but do not make a berakha.” It is not my intent to give halakhic advice; some might suggest that perhaps we ought to not even ask a local rabbi as much as follow family practice. In any case, for those who eat in the sukkah, I would consider situations of partial mitztayer that might arise, where eating in the sukkah may not be appropriate. On the other hand, given widespread laxity, one might argue that the stringencies of the geonim and the Gaon might again be particularly relevant. Of course, most fundamentally for those whose ancestors ate outside the sukkah in Warsaw, conditions are rather different in Miami,[28] or even in Baltimore or Boston.

The PETA website (accessed Aug 2, 2011) states:

“Jews are prohibited from wearing leather on Yom Kippur.”

“Jewish Vegetarians of North America President Richard H. Schwartz explains “One reason is that it is not considered proper to plead for compassion when one has not shown compassion to the creatures of G-d, whose concern extends to all of His creatures.” (see his website)

“Many rabbis through the ages have shared this view. Rabbi Moses Isserles (c. 1528-1572), aka the Rema, said, “How can a man put on shoes, a piece of clothing for which it is necessary to kill a living thing, on Yom Kippur, which is a day of grace and compassion, when it is written ‘His tender mercies are over all His works’?” (Psalms 145:9).”

I came across this while researching my Fall 2011 Jewish Action column on the misconception that it is prohibited to wear leather items, such as a leather belt or yarmulke, on Yom Kippur and Tisha B’av (see here). Actually, as I show in that article, there is no general prohibition against wearing leather on Yom Kippur. Furthermore, there is not even a prohibition of wearing “leather shoes.” Rather, the prohibition on Yom Kippur and Tisha b’Av is wearing “shoes”, which in normative halacha are defined as leather shoes, although not everyone agrees to that and many authorities assume the prohibition is to wear any protective shoe.[1] Thus, not wearing leather shoes has nothing to do with compassion to animals, but is rather an innui for us, not compassion for animals. In addition, these rules also apply on Tisha B’av when there is no “pleading for compassion” and when we also wear leather at Mincha – when we put on tefillin.

But most intriguing was this “quote” from the Rema that PETA cited from Richard H. Schwartz. It did not sound like the Rema, and indeed it does not exist. So I proceeded to track down its origin. (It seemed unlikely that Richard Schwartz would simply fabricate a quote.) The Rema (OC 223:6, cf KSA 59:13) does quote that verse, but in a different context. He records that it is customary that when someone acquires a new garment people wish him well by saying “tivale v’tichadash – may you wear it out and get a new one”, however some people say not to say that on leather garments because then another animal will need to be killed and God is merciful on all his creatures. Amazingly, the Rema then rejects that argument as weak. Thus, in the only place where the Rema cites that pasuk he rejects it as a reason.

So where did PETA find this “quote”? In Schwartz’s book Judaism and Vegetarianism (p. 21 in the 1988 ed.) he includes this –

– and in footnote 34 he tells us that his source for this amazing quote is Samuel Dresner, The Jewish Dietary Laws (p. 33-34, 1966 ed). Unfortunately, Schwartz misread Dresner, misunderstood where quotes ended, did not look up Dresner’s source, and thereby fabricated a quote from the Rema.

Dresner’s point of departure was the law cited above regarding the good wishes offered upon putting on a new garment. He then cites a novel reason for the prohibition of leather shoes, but does not give much detail about his source. It turns out that this reason is found for the first time in Toldot Esther, a commentary by Rabbi Shlomo Tzvi Shück (1844-1916) on the Siddur haMinhagim of Rabbi Yitzchak Isaac Tirna (64a in the 1880 ed. link).

Dresner may or may not have understood where the quotes end, but it is indeed confusing in his English rendition.

He quotes the Rema regarding leather clothing along with the pasuk from Tehillim (and following Shick, leaves out the Rema’s rejection). He then quotes the Rema regarding no shechiyanu on shechita and, without opening or closing quotes, proceeds into Shick’s novel reason for not wearing leather shoes on Yom Kippur.

Rav Shick (see scan below) was very clear in how he explained himself. He wrote that he had his way of explaining the prohibition of wearing (leather) shoes on Yom Kippur. He then cited the Rema on new clothes and the Rema on shehechiyanu on a first occasion, and based on those asked rhetorically how on Yom Kippur which is a day of chesed v’rachamim one can wear a garment that necessitated killing an animal. He had no fabricated quotes, but he does offer a perplexing explanation for something that was not looking for one. As noted above, the prohibition on Yom Kippur is to wear shoes, which some people understand to mean leather shoes. But the prohibition is derived from the fact that going shoeless is an innui. It also therefore applies on Tisha b’Av and to mourners, obviously unrelated to chesed v’rachamim. Furthermore, leather may be worn on Yom Kippur.

Thus, a novel, difficult to understand explanation for a straightforward prohibition has spawned a fabricated quote from the Rema that is now fairly widespread on the web.

More new seforim and some other things

By Eliezer Brodt

One

Here is another list of new of seforim I recently came across in various seforim stores. 1. רבינו חננאל, מסכת ב”ק, שט”ז עמודים+ מבוא, מהדיר ר’ יוסף דובאוויק, ע”י מכון וגשל. 2. נתיבות משפט על רבינו ירוחם – דפוס חדש. [ראה כאן]. 3. שו”ת לבוש מרדכי, ד’ חלקים, כולל תולדות והרבה הוספות. 4. חשק שלמה, ר’ שלמה ב”ר מרדכי, מכון הכתב, חו”מ סי’ א-סח. 5. מקורי התפילה- טעמיה נוסחותיה ומנהגיה, ר’ אפרים זלוטניק, 334 עמודים. 6. דרשות איגרות ותולדות, רבי אריה ליבושי הלוי הורוויץ, בעל שו”ת הרי בשמים, תקנ”ח עמודים. 7. שו”ת וישמע משה- אוצר פסקים ותשובת, שהשיב מרן הגרי”ש אלישב שליט”א, ע”י ר’ משה פריד, תנב עמודים. 8. שיעורי מרן הגרי”ש אלישב –ברכות,- כולל שיעורים ופסקי הלכה בתוספות ביאורים והערות, תשס”ב עמודים. 9. הלכות מועדים, [תש”ע], ר’ שלמה גרוסמן, דיני יום טוב, תצ עמודים. 10. יבקשו מפיהו, הל’ שידוכים, תקמ”א עמודים, פסקי הגרי”ש אלשיב שליט”א, נכתב ע”י ר’ זעליג קוסובסקי. 11. קובץ בית המדרש, פסקי הלכה מבית מדרשו של הגרי”ש אלישב שליט”א, חוברת על שבט, סיון, תמוז, 12. באר ישראל- [תש”ע], הלכות ימים נוראים, וסוכות, ר’ אברהם ישראלזון, כולל פסקי מרן הגרי”ש אלישב שליט”א, רמ”ב עמודים. 13. דבר הלכה, [דפוס חדש] ר’ אברהם הלוי הורביץ, בעל ה’ארחות רבנו’, ב’ חלקים, א’ הלכות יחוד, ב’ הלכות איטור וגידים לענין תפילין. 14. קובץ, אור ישראל, גליון סג. 15. קובץ, היכל הבעל שם טוב, גליון לב. 16. ישורון חלק כה, תשע”ה עמודים [אפשר לקבל תוכן העניינים]. 17. בצל האמונה, דרשות ומאמרים לחג הסוכות, הרב שג”ר, 245 עמודים. 18. נימוקי הרמח”ל, על עניני ראש השנה ויום כיפור, מכון הרמח”ל, 79 עמודים. 19. מטעמי יצחק, הרב יצחק הלוי הורוויץ [ר’ איציקל האמבורגער], ב’ חלקים, ע”י ר’ דוד מנדלבוים. 20. שברו את הכלים, הקבלה והמודרניות היהודית, רוני ויינשטיין, 647 עמודים. 21. Yaacob Dweck, The Scandal of Kabbalah, Princeton Press

Two

I would like to mention copies of both my seforim Ben Kesseh Lassur and Likutei Eliezer are still available for sale. They both contain lots of information related to Elul, Rosh Hashanah and Aswret Yemei Teshuvah amongst other things. Email me at eliezerbrodt@gmail.com for a table of contents or to purchase. For sample chapters of these works, see here and here.

Three

For previous posts on Elul and Rosh Hashanah see the following posts: For saying L’dovid during the months of Elul and Tishrei see here and here. If one can give a knife as a present, see here. About eating Siymonim on Rosh Hashanah see here, about saying tehilim on Rosh Hashanah see here. This post (in Hebrew) discusses the custom of refraining from meat on Rosh ha-Shana. The bulk of the commonly recited piyutim on Rosh ha-Shana are attributed to R. Eliezer ha-Kallir who is discussed here. And, finally, in this post, Dr. Shapiro discusses Adon Olam, the poem that many have the custom to say on Rosh ha-Shana (even if they refrain the rest of the year).

Four

See here at this new blog related to the Mesilat Yesharim for an update to an old post of mine related to the Mesilat Yesharim.

Five

There are many titles left from the seforim sale list posted here.

Book Review

by Eliezer Brodt

פתחי תפילה ומועד, יעקב שמואל שפיגל, ירושלים תש”ע, 540 עמודים.

Pischei Tefilah u-Mo’ad, Y. S. Speigel, Jerusalem: 2010, 540 pp.

Professor Speigel is one of the most prolific writers in the Jewish academic scene, as the author of over 160 articles and 18 books (16 of those are publications for the first time of works which remained in manuscript. The other two are his own original and important studies; one of the latter is reviewed here). His articles cover an incredibly wide range of subjects related to many areas of Jewish Studies, including history of Rishonim, piyutim authored by Rishonim, bibliography and minhaghim, to name but a few. His uniqueness lies not only in the topics but also that his work has appeared in all types of publications running the gamut from academic journals such as Kiryat Sefer, Tarbiz, Sidra, Alei Sefer, Assufot, Teudah, Kovetz Al Yad and also in many prominent Charedi rabbinic journals such a Yeshurun, Yerushasenu, Moriah, Sinai and Or Yisroel. It is hard to define his area of expertise, as in every area he writes about he appears to be an expert! His doctorate was related to later additions in the Talmud by the Savoraim but most of his subsequent work focused on completely different areas. He has edited and printed from manuscript many works of Rishonim and Achronim on Massekhes Avos and the Haggadah Shel Pesach. He is of the opinion, contrary to that of some other academics, that there is nothing non-academic about printing critical editions of important manuscript texts. Although there is a known “belief” in the academic world, “publish or perish,” which some claim is the cause of weak articles and books, at times, Spiegel’s prolific output does nothing to damper the quality of his works. Another point unique to Speigel’s writings, besides his familiarity with all the academic sources, he shows great familiarity with all the classic sources from Chazal, Geonim, Rishonim and Achronim, to even the most recent discussions in Charedi literature – this bekius (breadth) was apparent well before the advent of search engines of Hebrew books and Otzar Ha-hochmah. Alongside all this is his penetrating analysis and ability to raise interesting points. This new collections contains 32 articles related to tefilah, kriyas ha-Torah, halacha and minhaghim related to the mo’adim. Four of these articles are entirely new, and some of the reprinted articles are already classics, quoted and used many times in recent literature. I would just like to list and describe some of the topics, found in this excellent collection. There are parts of the Zecher Tzadik (written in 1467) which is still in manuscript. The section on Pesach was printed by Speigel in a separate book via Ofek. In this collection the Halachos of tefillin and Rosh Hashana were printed. Other articles are various Shu”t from manuscript on a wide range of topics, amongst them, where the Kohanim should say Nesiat Kapayim, a Kotton davening for the Amud, washing when eating vegetables, the fast of the Bechor on erev Pesach, and consumption of sesame oil on Pesach. Each piece has a thorough introduction about the author and topic and the texts contain many useful notes. There is a great article of Hilchos Rosh Hashnah in the Azharot form from Reb Pinchas Halevei, the brother of the Reah. The notes and introduction are very good. I should point out that in the introduction to this piece, Spiegel deals a bit with the famous question of who was the author of the Sefer Hachinuch. Similar pieces in this collection are Azharot from other Rishonim which contains Hilchos Yom Kippur and another on HILchos Succos. Another piece worth mentioning is a teshuvah printed for the first time about the Beracha on Coffee. In the introduction of this piece, Spiegel collects many different aspects of coffee that early Halachic works dealt with. But we should note that his discussion regarding the appropriate shiur (amount) that would require making a beracha acharona really requires an examination of the various forms in which coffee was historically drank. Some coffees are meant to be consumed in small doses while others in larger formats. Today, for example, a typical espresso shot is just an ounce, while a standard cup of coffee is 12 ounces. While espresso is a more recent, it would be helpful to know if one’s position regarding beracha achrona is more a function of size of common cup where the person lived than a sweeping position on coffee generally. There is an article discussing the piyut Achlu Mashmanyim which is customarily recited on Shabbos Chanukah. As an aside, he provides an early source for eating sufganiyot on Chanukah. For Purim he has a large collection of Halachos pertaining to the concept of Venahaphechu – that we do the opposite of what we would think. Another special article related to Purim is a very comprehensive discussion on cross-dressing on Purim and other happy occasions throughout the year. He prints in this collection a Derasha of a talmid of the Rosh on Pesach for the first time (the Halacha part was printed by Speigel in a recent issue of Moriah). One interesting passage in this Derasha which I found was: אם אנשי’ באים ללמוד ונשים באות לשמוע טף למה בא, כדי לתת שכר טוב למביאיהן, אלמא שהתינוקות כמו כן יש שכר גדול למביאיהן לחנכם במצות. ויותר חביב לפני הב”ה בשעה שהתינוקות עונין קדיש או קדושה יותר מגדולים, שאינו דומה הבל שיש בו חטא להבל שאין בו חטא… Hopefully in the future I will return to this topic of bringing kids to shul. Amongst my favorite pieces in this collection is his article on the piyut which we say on the Yomim Noraim of Useshuvha Usefilah Utzedaka. In this piece he deals with piyutim and Halacha- namely, did Paytanim say things contrary to halacha. He deals with the Rambam’s negative opinion of Baalei Azharot (see here). He also deals with the sources of the famous story of Reb Amnon and Unesaneh Tokef. Another favorite piece is his discussion of saying Chazak! when we finish reading each book of the Chumash. A side topic of interest dealt with in this same piece is saying Yashar Koach to the Kohanim after they do nesiat kapyim. Other pieces worth mentioning are his discussions of saying Parsahas Hazinu daily. Another important part of this piece is a discussion of sources for saying Maamodos daily. Another comprehensive piece deals with when the crowd says a Passuk during Krieas Hatorah and Megilot. One last piece worth mentioning is an excellent collection of sources dealing with who decided where the baal koreh stops by each Aliyah. We can only hope that Professor Speigel collects the rest of his articles into a few volumes similar to this collection.