Guide and Review of Online Resources – 2022 – Part II

By Ezra Brand

Ezra Brand is an independent researcher based in Tel Aviv. He has an MA from Revel Graduate School at Yeshiva University in Medieval Jewish History, where he focused his research on 13th and 14th century sefirotic Kabbalah. He is interested in using digital and computational tools in historical research. He has contributed a number of times previously to the Seforim Blog (tag), and a selection of his research can be found at his Academia.edu profile. He can be reached at ezrabrand-at-gmail.com; any and all feedback is greatly appreciated. This post is a continuation. The first part of this post is here.

11.Tools and Indexes

There are some very powerful tools for researching primary and secondary sources.

Gone are the days when one is completely at the mercy of memory, concordance, index, or colleagues. Many of the websites in the previous section (“Primary texts”) have good hyperlinked navigation pages. In addition, they have very good search capabilities. In addition to this, there are websites which are dedicated to search and indexes, that provide powerful capabilities that the previously mentioned websites don’t have.

Open-access

1. Dicta.
   1. Search is highly recommended.
   2. From the About Us page: “Dicta applies cutting edge machine learning and natural language processing tools to the analysis of Hebrew texts.”
   3. Created by Prof. Moshe Koppel of Bar-Ilan University, who has written for Seforim Blog (see here). List of their search and other tools, all very cool and quite user-friendly and hyper-modern UX/UI, in the best way:
      1. Tanach search: “Search the Bible intuitively, with no need to worry about alternate spellings, prefixes and suffixes or sorting out multiple meanings of a word. Dicta’s search engine understands what you’re looking for.”
      2. Talmud Search: “Search the Talmud and Mishnah for words and phrases intuitively, with no need to worry about alternate spellings and multiple meanings. Dicta’s search engine understands what you’re looking for.”
      3. Quick Nakdan: “Automatically add nikud (vocalization) to text as you type.”
      4. Citation finder: “Identify exact or approximate quotations of biblical and talmudic sources in a given text.”
      5. Rabbinic Abbreviation Expander: “Expand abbreviations in Rabbinic texts. An entered text will be displayed including expanded abbreviations. The automated expansions are editable by the user.”
      6. Synopsis Builder: “Align two or more versions of the same (arbitrarily long) text, highlighting differences between versions and matching parallel words, including variant spellings and synonyms.”
      7. Stylistic Segmentation: “Partition any selected text into distinct stylistic components. For example, a multi-authored text can be automatically decomposed and displayed so that distinct authorial threads are shown in different colors.”
      8. Charuzit: “Find rhymes, assonance, and alliteration for any given Hebrew word. Search results can be filtered by entering semantic words and configuring various grammatical settings.”
2. Parallels in Yerushalmi (מקבילות לירושלמי).
   1. Project of Prof. Leib Moscovitz of Bar-Ilan University.
   2. From the About page:
      1. “This site contains lists of sources and parallels to the Jerusalem Talmud, from the Bible, the literature of the Tannaim (Mishnah, Tosefta, and the Halachic Midrashim), the Jerusalem Talmud itself, and the classic Aggadic Midrashim of the Land of Israel. For some of the Tractates, parallels from the Babylonian Talmud are also recorded.”
3. Escriptorium
   1. From the homepage: “A project providing digital recognition of handwritten documents using machine learning techniques.”[13]

12.Bibliographic info

Open-access

4. Merhav – The National Library (מרחב – הספרייה הלאומית של ישראל).
   1. Recommended. Tremendous bibliographic resource, besides for being a powerful search tool (mentioned also above, under “Search”).
   2. Overview at their website here (Hebrew): “The National Library’s collection includes about five million items, including books, manuscripts, journals, maps, music and audio-visual and electronic material, in a variety of languages.
5. The Bibliography of The Hebrew Book (also here) (מפעל הביבליוגרפיה העברית).
   1. My understanding is that “The Bibliography of The Hebrew Book” has been incorporated into “Merhav”. See also National Library’s guides here: https://www.nli.org.il/en/research-and-teach/catalogs/bibliographic-databases
   2. Wikipedia – Hebrew: “A body designated for the editing of a bibliography of Jewish printing. The project lists and describes all the books printed in Hebrew characters in the Hebrew language and in the languages ​​of the Jews (Yiddish, Ladino, Judaeo-Arabic, etc.) from the first Hebrew incunabula in the year 1475, until about 1960. The bibliographic database was built on the basis of the collections of the National Library and other collections in Israel and around the world. The bibliography numbers over 141,000 bibliographic and 15,000 biographical entries, and includes: books, journals and individual pages (ephemera). Each publication is reviewed by the project staff, and the description of the books is very broad and comprehensive than their description in the National Library catalog, and includes, for example: book approvals (הסכמות לספרים), introductions written by other authors, and the like. As of 2011, the project recorded and described close to 90% of the world’s Jewish books and is online on the National Library website.”
6. Thesaurus of Talmudic Manuscripts
   1. Hosted at the Hachi Garsinan website, mentioned earlier. Requires registration (free).
   2. Based on Y. Sussman, Thesaurus of Talmudic Manuscripts, Jerusalem 2012. With Friedberg updates, edited by M. Katz, September 2017.

Requires subscription or purchase

7. Talmud Yerushalmi Citation Database (מאגרי מידע לתלמוד בבלי). Requires subscription.
   1. Project of Dr. Moshe Pinchuk of Netanya Academic College.[14] 

13.Indexes

Open access

8. Halacha Brura Institute – Virtual Library (מכון הלכה ברורה – ספריה וירטואלית).
   1. This is an incredible project.
   2. From the webpage: “The Halacha Brura Institute centralizes here links to seforim that are on the Internet at various websites, in full text, some as text and some as images, to save the visit to libraries.”
   3. Has an extensive methodology of symbols to mark the website where the work is found, and the file type.
   4. Ironically, Halacha Brura’s own meta-index of its own indexes is unfortunately not very good, there’s no full sitemap available on the website, and the organization of the webpages doesn’t isn’t always the best (for example, Rambam and commentators and Responsa are on the same page). Presumably, this is because webpages were split as they got larger. In any case, to help with this issue, I created my own meta-index of Halacha Brura’s indexes, see appendix.
   5. This project appears to be affiliated with the Rambam Library (ספריית הרמב”ם – בית אריאלה) in Tel-Aviv, though it’s not clearly stated on their website. See the appendix.
9. Bibliography of works in Judeo-Arabic (אתר פרידברג לביבלוגרפיה בערבית יהודית).
   1. From the webpage:
      1. “The aim of this website is to present to all scholars, researchers and, in general, users interested in Judeo-Arabic texts, a comprehensive bibliography of all works in Judeo-Arabic ever printed, in a variety of formats, with some filtering capabilities.
      2. The list, with some 1,500 entries, is intended to cover all regions of publications and all periods of the works’ writings, up until and including the very early works of the 21st century.”
10. Seforimonline.org .
    1. Well-organized, publications can be sorted by place of publication, year, etc. There also seem to be works there not found in other websites. (Halacha Brura’s index above sometimes links to Seforimonline.org.)
11. Heichal Menahem (היכל מנחם).
    1. E-commerce website selling seforim. Can be used as a kind of index of recently published seforim, with lots of bibliographical info and pictures.

14.Secondary literature

15.Books

There are a nice amount of academic books available online, especially more recent ones.

Open-access

1. Society for the Interpretation of the Talmud (האיגוד לפרשנות התלמוד). Scholarly interpretation of Talmud Bavli, written in Modern Hebrew.
   1. Recommended. The first seven of their publications are available there (published between 2006 – 2016). Does not include the most recent publications published 2019 – 2021. The level of scholarship is very high.
   2. Wikipedia – Hebrew: “A series of commentaries on the Babylonian Talmud based on scientific research as well as a traditional-religious interpretation. Most of the project’s books are available for public use as PDF files on the Society’s website, along with additional unpublished reference materials. The chairman of the association is its founder, Professor Shama Friedman, and its management consists of Prof. Yeshayahu Gafni, Prof. Gideon Libson and Prof. Shmuel Shilo.”
2. Asif – Sifriyat Asif (אסיף – ספריית אסיף). Dissertations in Hebrew, written by scholars associated with hesder and Religious-Zionist institutions. Also whole seforim and Torah journals divided neatly and searchable, many of them of potential scholarly interest, well-annotated and sourced (such as R’ David Bruckner’s series Mishnat Tana’im).
3. P’sik (פסיק) . Scholarly books in Hebrew, for a more popular audience, mostly on Bible and contemporary religious thought.
   1. From Bar-Ilan University’s library guide: “The digital book platform is designed for reading and academic research.”
4. De Gruyter. Academic publisher. Has around 100 open-access books in English categorized as on Jewish topics available for download.[15]
5. JSTOR.
   1. Many open-access books, see the books marked “open-access”.
   2. Especially JSTOR, Brown Judaic Studies. Currently around 65 open-access books. From the “Publisher Description”:
      1. “Brown Judaic Studies has been publishing scholarly books in all areas of Judaic studies for forty years. Our books, many of which contain groundbreaking scholarship, were typically printed in small runs and are not easily accessible outside of major research libraries. We are delighted that with the support of a grant from the National Endowment for the Humanities/Andrew W. Mellon Foundation Humanities Open Book Program, we are now able to make available, in digital, open-access, format, fifty titles from our backlist. Once digitized the volumes will be freely available through ProjectMUSE, JSTOR, ACLS Open Humanities and the Hathi Trust.”

Requires subscription or purchase

6. Kotar . (כותר) – Requires subscription.
   1. For Hebrew academic books. Fairly user friendly for reading, though not as user-friendly as Kindle (see later). According to results, around 800 titles in Jewish studies. Leans towards newer publications. Subscription for remote access is sometimes available through libraries, such as my library (Tel Aviv library). Should be pointed out that Kotar links are often linked in National Library’s Merhav search results (see earlier under “Search”).[16]
   2. Wikipedia – Hebrew: “A website that is an online library for subscribers of scholarly books in Hebrew, in collaboration with Israeli publishers. The title library offers hundreds of digital books and online reference on a wide range of topics from the humanities and social sciences, law, natural sciences and exact sciences and more. The publishers involved in the project include about 100 academic, public and private book publishers. The library began operating in January 2006. Kotar offers online access to a large variety of information sources. Kotar offers online browsing of a selection of over 3,000 titles (as of March 2018) of reference and information books and is constantly expanding.”
   3. There are a large amount of works put out by the following publishers:
      1. Yad Ben-Tzvi
      2. Bialik
      3. Sifriyat Heileil Ben-Chaim
   4. A few of the hundreds of books that are available there (all in Hebrew, as mentioned):
      1. M. Kahana et. al (ed.), Sifrut Hazal HaEretz Yisra’elit (2 vol.)
      2. A. Grosman, Rashi VeHaPolemos HaYehudi HaNotzri
      3. A. Reiner, Rabbeinu Tam
      4. S. Reif, HaGeniza MiKahir
      5. Anat Reizel, Mavo LeMidrashim.[17]
7. Kindle e-books.
   1. Great for scholarly books in English. Recommend, in my opinion underrated as a resource for scholarly English books. Great advantages of Kindle e-books:
      1. Can highlight and annotate, with a special section with your highlights and annotations, which is great for later skimming and refreshing memory.
      2. Can hover for dictionary definitions and Wikipedia entry header paragraphs.
      3. As well as many of the other advantages mentioned above for electronic resources: instant availability; takes up minimal space, searchable, easily screenshotted, etc.
      4. For most books, can download free sample of beginning of book, usually containing front matter, Table of Contents, intro, and first chapter or two.
   2. However, it should be pointed out that Kindle editions are not necessarily “cheap”, though they’re generally cheaper than the physical copies. For example, Halivni’s book mentioned below is currently being sold on Amazon for $104, and the Kindle version is $67.[18]
   3. Some of the many scholarly books available on Kindle:
      1. 1. Secunda, The Iranian Talmud
         2. Halivni, The Formation of the Babylonian Talmud
         3. Cohen, From the Maccabees to the Mishnah
         4. Feiner, The Jewish Enlightenment
8. Magnes Press. Hebrew University’s academic press. Around 350 books available as ebooks for purchase, to read on their app. Came across this while researching this guide, have no idea if it’s any good, but looks promising.

16.Journals

There are a lot of academic articles readily available online.

Open-access

Journals whose full archives are currently open-access.

1. Kiryat Sefer (קרית ספר) (years available: 1924 – 1998). Scholarly articles written in Modern Hebrew.
   1. Recommended. Contains a huge number of articles by the greats of Hebrew bibliography.
   2. Wikipedia – Hebrew: “The journal was published from the founding of the database in 1925 until 2003. It also contains many bibliographic articles.”
2. Cathedra (קתדרה) (years available: 1976 – 2017). Scholarly articles written in Modern Hebrew.
   1. See description in Wikipedia Hebrew: קתדרה (כתב עת) – ויקיפדיה
3. Pe’amim (פעמים) (years available: 1979 – 2009). Scholarly articles written in Modern Hebrew. After 2009, some articles open-access, but most not.
   1. See description in Wikipedia Hebrew: פעמים – ויקיפדיה .
4. Jewish Studies, an Internet Journal (years available: 2002 -). Scholarly articles written in English and Modern Hebrew
   1. Started in 2002, have issued 21 issues so far. Editor-in-Chief – Prof. James L. Kugel. Managing Editor – Prof. Leib Moscovitz.
   2. From the home page: “JSIJ is a peer-reviewed electronic journal dealing with all fields of Jewish studies, which is distributed free of charge via the Internet. By publishing articles electronically via the Internet, JSIJ seeks to disseminate articles much faster than is possible with paper publication, and to make these articles readily and conveniently accessible to a wide variety of readers at all times. We hope that the use of this new technology will eventually allow JSIJ to develop in ways not available with conventional print journals, including the possibility of computerized full-text searches and the use of hyperlinks to other texts.”
5. Ginzei Qedem (גנזי קדם). (years available: 2005 – ). Scholarly articles written in Modern Hebrew. Journal is published by the Friedberg Genizah Project and the Ben-Zvi Institute.
   1. From the About page: “Ginzei Qedem is a peer reviewed annual publication devoted to Genizah texts and studies published by the Friedberg Genizah Project and the Ben-Zvi Institute. Ginzei Qedem uses the term, “Genizah texts and studies” in the widest sense of the term – fragments of literary works and documents from genizot in Cairo and elsewhere – including all the relevant disciplines – history, literature (including piyyut), language, Biblical studies and exegesis, Talmud and Rabbinics, magic etc. The articles are in Hebrew and English. Seven issues have appeared to date.”
   2. See further description in Wikipedia Hebrew: גנזי קדם (שנתון) – ויקיפדיה
6. HaTzofeh LaHochmat Yisra’el (הצופה לחכמת ישראל). Available on HebrewBooks. (years available: 1921 – 1931). Scholarly articles written in Hebrew. See description in Wikipedia Hebrew: הצופה מארץ הגר – ויקיפדיה.
7. Kovetz al Yad (קובץ על יד) . Available on HebrewBooks. (years available: 1885 – 1946). Publications of works from manuscripts. See description in Wikipedia Hebrew: מקיצי נרדמים.
8. Hama’ayan (המעין) (years available: 1953 – 2009). Scholarly articles written in Modern Hebrew. Journal is currently affiliated with Yeshivat Sha’alvim.
   1. Wikipedia – Hebrew: “HaMa’ayan is a quarterly publication, published since 1953, ‘which combines a Torah dimension with a scientific-Torah dimension’ and contains various articles on Halacha, hashkafa, Jewish history and scholarly research.”
   2. Available here:
      1. המעין – מכון שלמה אומן: years available: 2007 –
      2. Earlier issues, years available: 1953 – 2006, at Daat and HebrewBooks
9. Netu’im (נטועים) (years available: 1994 -). Scholarly articles written in Modern Hebrew. Focuses on Torah Sheba’al Peh. Journal is affiliated with Yeshivat Alon Shevut and Herzog College.
10. Dinei Yisra’el (דיני ישראל). (years available: 2009 – ). Scholarly articles written in Modern Hebrew. Focuses on Jewish law. Journal is affiliated with Tel-Aviv University.[19]
11. Masechet (years available: 2004 – ). Scholarly articles written in Modern Hebrew. Focuses on topics related to women. Journal is affiliated with Bar-Ilan University.
12. Tallelei Orot (טללי אורות) (years available: 1989 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Orot Yisra’el College. Also selected articles at Daat, in text format.
13. Oreshet (אורשת) (years available: 2010 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Orot Yisra’el College.
14. Moreshet Israel (מורשת ישראל) (years available: 2018 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Ariel University.
15. Oqimta (אוקימתא). (years available: 2013 – ). Scholarly articles written in Modern Hebrew and English. Journal started by Prof. Shamma Friedman of Bar-Ilan University.
    1. See description in Wikipedia Hebrew: אוקימתא (כתב עת)
16. Tradition (years available: 1958 -).
17. Hakira (years available: 2004 – ). Scholarly articles written in English.
    1. Wikipedia: “Ḥakirah, The Flatbush Journal of Jewish Law and Thought is a peer-reviewed academic journal in the field of halakha and Jewish thought. Hakirah is a Jewish journal which publishes articles that reflect a wide range of Orthodox beliefs and ideas. Those who submit articles run the gamut from laypeople, to rabbis, doctors and professors. The first volume of Hakirah was published in the fall of 2004. Each volume generally contains about ten English and two Hebrew articles comprising a total of about 250 pages. A new volume appears about every six to seven months.”
18. Many Torani journals are available on HebrewBooks, by searching the title. Many are also linked to by Halach Brura in their index of journals, and in their respective Wikipedia entries. These are Torani journals, meaning that they are published by Orthodox institutions. They are all written in Modern Hebrew. The articles in these journals are mostly not relevant for this guide, however, they often contain scholarly articles, especially related to publications of manuscripts of rabinnic works of Geonim, Rishonim, or Aharonim. For ideological reasons, the scholarly articles relevant for this guide generally don’t cover topics earlier than the Geonic period, and they are more likely to publish on recent topics than earlier ones.[20]
    1. Tzefunot (צפונות). (years available: 1989 – 1993). Focuses on bibliographic topics. See description in Wikipedia: צפונות .
    2. Kovetz Beis Aharon VeYisra’el (קובץ בית אהרן וישראל) (years available: 1986 – 2002) . Also available on Otzar Hachochma’s forum.
    3. Or Yisra’el (אור ישראל). (Years available: 1996 – 2015). See description in Wikipedia: חסידות_קרלין#קובץ_בית_אהרן_וישראל .
    4. Pe’alim LeTorah (פעלים לתורה).
    5. Yeshurun (ישורון). (Years available: 1996 – 2015). See description in Wikipedia: ישורון (מאסף תורני) .
    6. Yerushateinu (ירושתנו). See description in Wikipedia: ירושתנו .
    7. Asifas Chachomim (אסיפת חכמים).
    8. Hitzei Giborim (חצי גבורים).
    9. Min HaGenazim (מן הגנזים).

Requires subscription or purchase

1. JSTOR
   1. 58 journals that focus on the subject of Jewish Studies.
2. Nevo.
   1. Israeli law journals, in Modern Hebrew. Journals there with many articles relevant to history of halacha:
      1. Dinei Yisra’el available at Nevo (נבו) with subscription, years available: 1970 -.
      2. Sh’naton Hamishpat Ha’ivri (שנתון המשפט העברי). (years available: 1974 – 2006). Journal is affiliated with Hebrew University.
      3. Mehkerei Mishpat (מחקרי משפט). (years available: 1980 – ). Journal is affiliated with Bar-Ilan University.
3. Otzar HaHochma (אוצר החכמה):
   1. See on this resource above.
   2. Areshet (ארשת). (years available: 1958 – 1980). Journal published by Mossad HaRav Kook, focused on Hebrew bibliography. Links at the Wikipedia entry for the journal.
4. Project MUSE.
   1. Some journals on Project MUSE that focus on Jewish Studies: JQR
5. EBSCO

17.Articles

Websites with scholarly articles.

Open-access

19. Academy of Hebrew Language (האקדמיה ללשון העברית).
    1. Scholarly articles in Modern Hebrew.
    2. From the page on “Articles”: “The Hebrew Language Academy publishes selected articles here from time to time for the benefit and enjoyment of the visitors to the site. The articles are written by linguists – including members of the Academy and its researchers – and are usually taken from the journals of the Academy:Leshonenu (לשוננו), Ha’Ivrit (Leshonenu L’am) (העברית = לשוננו לעם) and Akadem (אקדם). Some of the articles were written specifically for the academy’s website.”
    3. Appear in both PDF format, as well as text.
20. Daat (דעת).
    1. See above. Besides for complete texts of primary works, has many scholarly articles from journals, in text format, such as Sinai (סיני), Shma’atin (שמעתין), Mahanayim (מחניים).
21. Academia.edu .
    1. I follow around 200 academics. Some of them are for deceased scholars whose students have set up a profile for them, and uploaded their work. I get updates of articles in my “feed” about once a day, and the articles are generally a good fit for my interests. (E.g. Elliot Wolfson has many of his articles there.)
    2. Wikipedia – English: “Academia.edu is an American for-profit social networking website for academics. It began as a free and open repository of academic journal articles and registered a .edu domain name when this was not limited to educational institutions.”
22. Metah (מטח).
    1. Lots of transcribed scholarly articles in Hebrew. See also the section of the website called “Peshita” (פשיטא).
    2. From the About page: “The virtual library project of Metah began in 2000. Metah is a non-profit institution and the library project is non-commercial; The library is open and accessible to anyone for free.”
    3. Some examples of articles available:
       1. 55 Tarbitz (תרביץ) articles, see list.
23. Ad Henah (עד הנה).
    1. Lots of PDFs of scholarly articles in Hebrew.
    2. From the About page: “A study and research institute that studies the Torah work of Galician and Bukovina Jewry, from the sixteenth century to the present time.”
24. Ptil Tekhelet (פתיל תכלת).
    1. Lots of PDFs of scholarly articles in Hebrew (shows 530 items). Focuses on the topic of tekhelet.
25. Author academic websites (e.g., Meir Bar-Ilan ; Yehuda Liebes)
26. Ask the author – generally amenable to sending their own articles and dissertation.

18.Bibliographic info and indexes

Open-access

1. RAMBI (רמב”י).
   1. My understanding is that “The Bibliography of The Hebrew Book” has been incorporated into “Merhav” (see above).
   2. Wikipedia – Hebrew: “An indexed and cataloged article index (or bibliography) of thousands of academic and other articles in a wide range of fields in the Jewish Studies, the study of the Land of Israel and the State of Israel, and is the largest and most comprehensive database of its kind in the world. The information contained in Rambi was collected from thousands of scientific journals, literary or documentary journals, collections and files of one-time articles on a specific topic, in Hebrew, English, French, German and other languages ​​and in the Judaic languages: Yiddish, Arabic, Ladino and others; most of them found in the National Library. The criteria for inclusion in Rambi are that the publication be in an academic publication or another recognized and respected stage, or that it be useful for academic research purposes.”
2. RAMBISH (רמבי”ש). Same concept as RAMBI, but for articles appearing in Orthodox journals.
3. Indexes of dissertations / theses:
   1. Hebrew University – search
   2. Bar-Ilan University, Jewish Studies Department – list
   3. Jewish Theological Seminary– search and list
4. Google Scholar

Requires subscription or purchase

5. Index of References Dealing with Talmudic Literature (Lieberman Index) . Requires subscription.
   1. From the home page:
      1. “The Index of References Dealing with Talmudic Literature, offering pinpointed citations from hundreds of classic and modern scholarly works directly related to the specific selected passage within Talmudic literature.”
6. Oxford Bibliographies in Jewish Studies. Requires subscription.
   1. From Bar-Ilan University’s library guide: “Oxford Bibliographies in Jewish Studies is an interdisciplinary database encompassing history, religion, philosophy, literature, sociology and political science. Its chronological and geographical range stretches from the Bible to the present, including communities from the Americas to Western and Eastern Europe, North Africa and the Middle East, South and East Asia, and Africa. Oxford Bibliographies Jewish Studies offers selected articles that break down subject areas into their component parts and pithy annotations that summarize the main contribution of each citation. The database is one of the components of the Oxford Bibliography, a database that offers an authoritative guide to the current scholarship, containing original commentary and annotations.”

19.Dictionaries

Open-access

1. Wiktionary – Hebrew (H). Generally very good entries, with ample primary and secondary sources.
2. Jastrow’s A Dictionary of the Targumim, the Talmud Babli and Yerushalmi, and the Midrashic Literature, in English:
   1. Sefaria: here. Transcribed and searchable, with hyperlinked Table of Contents.
   2. Wiktionary: here. Transcribed, with hyperlinked Table of Contents.
   3. Tyndale House: here. Scanned, with hyperlinked Table of Contents.
3. R’ Natan of Rome, Sefer HeArukh, ed. Lublin 1883, on Sefaria. Includes R’ Benjamin Mousafia’s Musaf Aruch. Also at Sefaria: R’ Isaiah Berlin’s Hafla’ah ShebaArakhin on Sefer HeArukh.
4. Academy of Hebrew language’s online dictionary . In Modern Hebrew. Based on Milon HaHoveh (מילון ההווה). Does not include etymologies or sources.

20.Encyclopedias

Open-access

1. Jewish Encyclopedia . In English.
   1. Large parts of it have been incorporated into the corresponding English Wikipedia entries.
2. Wikipedia – Hebrew.
   1. Great source for Jewish topics. I personally have found Wikipedia to be great sources for, among other topics:
      1. Biographies of Jews
      2. Jewish communities
      3. Jewish Law (halacha)
3. Encyclopedia Talmudit – Micropedia (האנציקלופדיה התלמודית). In rabbinic/modern Hebrew, on Talmudic topics.
   1. From the webpage: “From Micropedia to Encyclopedia: Wikishiva (ויקישיבה) continues its collaboration with the Talmudic Encyclopedia project and now becomes the home of the new Talmudic Encyclopedia entries. Now, beyond the Talmudic Micropedia project, the entries of the Encyclopedia itself will be published here. It is important to note that entries published here are not currently published as books. To date, 251 entries have been written in the Talmudic Encyclopedia project. The Talmudic Encyclopedia: The new Talmudic Encyclopedia entries are already on Wikishiva! You can browse all the entries on the site or search using the search box, select the first letter, or select from the new entries on the site. The Talmudic Micropedia: The Talmudic Micropedia is a concise and up-to-date treasure trove of the entries of the Talmudic Encyclopedia, in a flowing and clear style.”

Requires subscription or purchase

4. Encyclopedia Judaica, 2nd edition. In English.
   1. Second edition published by Gale and available on their website. Requires subscription, many libraries give access through OpenAthens, see for example Bar-Ilan University’s page.
   2. The entries (all? some?) of Encyclopedia Judaica, 2nd edition, appear to have been incorporated into encyclopedia.com, and fully hyperlinked to other EJ entries. The entries seem to be able to be found only via search, there’s no way to browse list of entries. See google search “Encyclopaedia Judaica site:https://www.encyclopedia.com/”.
   3. Bar-Ilan University overview: “Provides an overview of Jewish life and knowledge from the Second Temple period to the contemporary State of Israel, from Rabbinic to modern Yiddish literature, from Kabbalah to “Americana” and from Zionism to the contribution of Jews to world cultures.”
5. Encyclopedias published by Brill, in English:
   1. Encyclopaedia of Judaism Online.
      1. From the webpage: “The prize-winning Encyclopaedia of Judaism is now available online. More than 200 entries comprising more than 1,000,000 words. This unique reference tool offers an authoritative, comprehensive, and systematic presentation of the current state of scholarship on fundamental issues of Judaism, both past and present. Comprehensive and up-to-date, it reflects the highest standards in scholarship. Covering a tradition of nearly four thousand years, some of the most distinguished scholars in the field describe the way of life, history, art, theology, philosophy, and the practices and beliefs of the Jewish people.”
   2. Encyclopedia of Jews in the Islamic World Online.
      1. From the webpage: “[T]he first cohesive and discreet reference work which covers the Jews of Muslim lands particularly in the late medieval, early modern and modern periods. The expanded online version, EJIW Online (started in 2010), is updated twice annually with newly commissioned articles, illustrations, multimedia, and primary source material. Interdisciplinary articles cover a wide range of topics from history, law, music, visual arts, social sciences, philosophy, anthropology and demography.”
   3. Encyclopedia of Jewish History and Culture Online.
      1. From the webpage: “From Europe to America to the Middle East, North Africa and other non-European Jewish settlement areas the Encyclopedia of Jewish History and Culture covers the recent history of the Jews from 1750 until the 1950s. Translated from German into English, approximately 800 keywords present the current state of international research and depict a complex portrait of Jewish life – illustrated by many maps and images. About 40 key articles convey central themes on topics like autonomy, exile, emancipation, literature, liturgy, music or the science of Judaism.”
   4. Encyclopedia of Hebrew Language and Linguistics Online.
      1. From the webpage: “[A] systematic and comprehensive treatment of all aspects of the history and study of the Hebrew language from its earliest attested form to the present day. The encyclopedia contains overview articles that provide a readable synopsis of current knowledge of the major periods and varieties of the Hebrew language as well as thematically-organized entries which provide further information on individual topics. With over 950 entries and approximately 400 contributing scholars, the Encyclopedia of Hebrew Language and Linguistics is the authoritative reference work for students and researchers in the fields of Hebrew linguistics, general linguistics, Biblical studies, Hebrew and Jewish literature, and related fields.”

Legacy Judaica‘s Spring auction is on May 8, 2022. The catalog includes some especially rare first editions, Siddur ha-Shelah, (no. 119), Mesilat Yesharim (no. 45), a volume of the Bomberg edition of the Talmud (lot 10), and some other items of interest.

Sefer Evronot, Offenbach, 1722, (lot no. 63) is an unusual Hebrew book because it includes paper cut-outs that are reattached to the book and form an interstellar calculator allowing precise determination of the calendar. Despite the celestial nature of the work, at the top center of the title page, held aloft by putti, is a depiction of the universe. The earth is in the center, but unlike a geocentric approach with the sun circling the earth, there is no reference to the sun, only the planets. The image depicts the orb system of planets and pre-dates even Copernicus’s theory. (See, Ariel Cohen, “The Celestial Host, the Calendar, and Jewish Art,” in Written in the Stars: Art and Symbolism of the Zodiac, ed. Iris Fishof (Jerusalem: Israel Museum, 2001), 18). Israel ben Meir (his father was a noted publisher) and his non-Jewish partner, Bonaventura de Launoy, published the book. (See Marvin Heller, Essays in the Making of the Hebrew Book (Leiden: Brill, 2021), 273-92).

The Sefer Evronot is not the book for which this title page was designed. Instead, Israel first used the illustration on Abraham ben Hiya’s, Tzurat ha-Arets (Offenbach, 1720). The image is appropriate for the book as it also discusses the solar system’s depiction. This is one of the earliest examples of a title page illustration allusion to the book’s contents and not serving an aesthetic purpose.

A similar illustration to the title page’s celestial illustration appears in the book. 58a. But the one in the book is less sophisticated than the title page; that one contains a very detailed zodiac. Although it was specifically created for a Hebrew book it didn’t stop the ubiquitous error of depicting Aaron with a bishop’s miter, this time with a cross clearly visible. The Moses and Aaron theme title page first appeared in 1610 in Hanua. One year later, it was used in another book, Nishmat Adam, (lot no. 11), although that one does not have a cross.

The zodiac title page illustration appears on at least two other of Israel’s books that have no association with celestial ideas: a commentary on Birkat ha-Mazon and Zemirot, Mateh Yehuda, (Offenbach,1721) and a Haggadah with the commentary Zera Yehuda (Offenbach, 1721). Israel printed over 40 books, and it is unclear why he decided to use it on these two books that seemingly have no relationship to the image.

There are two items related to R. Hutner’s Torat ha-Nazir. Lot 70, is the first edition published in softcover format in Kovno in 1932. This is the only edition that R. Kook’s approbation appears. The later editions of Torat HaNazir remove it. In some editions, all the approbations are removed and in others, R. Chaim Ozer’s was retained. (although the printers did not alter the original heading, “Letters of the Ge’onim.” See Marc Shapiro, Changing the Immutable (Oxford: Littman, 2015), 157-160.

Another item related to the Torat Ha-Nazir is a letter to an unidentified correspondent (lot 236). Apparently, R. Hunter chanced upon that person’s copy of Torat ha-Nazir with their notes. One of which took issue with R. Hutner’s approach, and he defended himself. R. Hutner added a postscript that the tone was inappropriate whatever the objections (in the margins).

Lot 223 is a letter from R. Chaim Ozer regarding cremation.  Although today after the Holocaust it seems difficult to imagine cremation widely accepted by Jews, in the early 20th century, some Orthodox rabbis permitted cremation.  R. Ozer’s letter discusses one the main works, Hayyi Olam.

Lot 77 is two broadsides. One is from a list of Rabbis against Heichal Shlomo, against attending a convention. These Rabbis consistently opposed the creation of Heichal Shlomo and the idea of a Central Organization that controlled and spoke for all Orthodox Jews. The Heichal Shlomo board discussed how best to respond to those objections. Ultimately, Zerach Warhftig, argued against responding as they tried to engage and even discuss changing the name but received no response. (See Protocols of the Merkaz HaRuchani HaOlami, January 28, 1958).

The inauguration of Heichal Shlomo occurred on Lag Be’Omer, 1958, to great pomp and circumstance. The mayor held a cocktail party in the garden, and the gentleman was told to wear suits and hats.

There are both editions of the “Survivors Talmud.” (lots 160 & 161).The first edition, published in Munich in1946, only included Nedarim and Kiddushin. In 1948, the American Army published a complete edition of the Talmud. These are the only editions of the Talmud that any government published before the establishment of the State of Israel. There are three introductions, one in English and two in Hebrew. The English one reads in part:

This edition of the Talmud is dedicated to the United States Army. This Army played a major role in the rescue of the Jewish people from total annihilation and after the defeat of Hitler bore the major burden of sustaining the DPs of the Jewish faith. This special edition of the Talmud published in the very land where, but a short time ago, everything Jewish and Jewish inspiration was an anathema, will remain a symbol of the indestructibility of the Torah. […]

Rabbi Samuel A. Snieg, Chief Rabbi of the United States Zone, “Dedication.”

Munich, Germany, 1948 edition of the Talmud printed under the supervision of the Procurement Division, European Quartermaster General Depot, United States Army.

Interesting personal copies one is R. Chaim Ozer’s Achiezer with his inscription (lot 176), R. Chaim Keanievsky’s personal siddur (lot 181), and R. Yaakov Loberbaum’s, the author of the Nesivot ha-Mishpat, copy of Shev Shema’ata (lot 183) and R Chaim Berlin (item 182) a rare volume of Shut Harshaba that R Hirsch got as a gift from his father (item 179) and two items from the Beis Halevi’s Library (items 192 &194) [One with unpublished glosses].

New seforim lists, Seforim sale, Highlights of the Mossad HaRav Kook Sale.

By Eliezer Brodt

This is a the second in a new series which I hope to post monthly.

The post (and series) hopes to serve a few purposes. It has a list of about one hundred items. The first section lists some new interesting seforim and thereby making the Seforim Blog readership aware of their recent publication. Second, to make these works available for purchase for those interested. Third, the second part of the list are some harder to find books, for sale.

In addition, this post features some Highlights of the Mossad HaRav Kook Sale.

As I have written in the past:

For over thirty years, beginning on Isru Chag of Pesach, Mossad HaRav Kook publishing house has made a big sale on all of their publications, dropping prices considerably (some books are marked as low as 65% off). Each year they print around twenty new titles and introduce them at this time. They also reprint some of their older, out of print titles. Some years important works are printed; others not as much. See here, here, here and here, for review’s, of previous year’s titles.

If you’re interested in a PDF of their complete catalog, email me at eliezerbrodt@gmail.com

As in previous years I am offering a service, for a small fee, to help one purchase seforim from this sale. For more information, email me at Eliezerbrodt-at-gmail.com.

Part of the proceeds will be going to support the efforts of the Seforim Blog.

The last day of the sale is, May 1.

Contact me at Eliezerbrodt@gmail.com for more information about purchasing or for sample pages of some of these new works.

ספרים חדשים

1. יוסף עופר, המסורה למקרא ודרכיה [ספר מצוין. ניתן לקבל ממני את ההקדמה]

2. מכלול, רד”ק, מכון שלמה אומן, על פי כתבי יד, תתקלא עמודים [ניתן לקבל דפי דוגמא]

3. שו”ת רבינו יוסף אבן ציאח, מכתב יד [מתקופת הבית יוסף], אהבת שלו [ניתן לקבל דפי דוגמא]

4. ר’ שלמה שיינמן, אוצר תפילין דר”ת

5. מנחם לורברבוים, לפני היות החסידות

6. ברכיהו ליפשיץ, מתנות שקיומן לאחר מיתה, בין קניין לבין התחייבות

7. הרב זייני, עץ ארז חלק ז, 400 עמודים

8. הרב זייני, ישועת ה’, בענין אמירת הלל וברכת שהחיינו ביום העצמאות

9. מרדכי סבתו, תלמוד בבלי סנהדרין, פרק שני

10. פירוש רבי יצחק עראמה בעל עקדת יצחק, מגילת רות, על פי כת”י

11. פירוש הגר”א על כמה אגדות, ביאור ספר יונה, עם ציונים וביאורים, 38+שכא עמודים

12. ר’ מאיר מאזוז, דרכי העיון, מהדורה רביעית

13. ר’ מאיר מאזוז, שו”ת בית נאמן חלק ב

14. נגה רובין, באבע מעשיות – אגדות חז”ל בתרגומים לספרי מוסר ביידיש במאות השש עשרה-שמונה עשרה, הוצאת תבונות

15. ר’ רפאל יצחק מאייו, שו”ת שפת הים

16. יואל אליצור, שמות מקומות קדומים בארץ ישראל השתמרותם וגלגוליהם, מהדורה שלישית מתוקנת

17. ספונות, כז

18. קובץ עץ חיים, לז

19. דיני ישראל, לו-לז

20. צרי היגון, לרבנו שם טוב בר יוסף אבן פלקירא, קיב עמודים

21. ר’ יוסף תירשום, שושן יסוד העולם, מכתב יד

22. סידור הגר”א בנגלה ובנסתר, מאת ר’ נפתלי הירץ מיפו, מכון הגר”א

23. מלי איזנברג, בתוך מערבולת הימים: משה פראגר היסטוריון שואה חרדי

24. חפץ חיים עם שיעורי ר’ הלל זקס

25. נתן שיפריס, שי”ר חדש – שלמה יהודה רפפורט: רבנות, השכלה, לאומיות

מוסד הרב קוק

1. ר’ ישראל איסר צבי הרצג, דרכי רש”י

2. ר’ י’ רודיק, חיים של יצירה, ישיבת מרכז הרב לדורותיה

3. מגילת רות, משיב נפש, ב”ח

4. ר’ יהושע קניאל, דברי יהושע, ד’ חלקים

5. ר’ י’ מובשוביץ, הדרת אליהו, הקדמות לספרו הגר”א, אגרות הסכמות, מכתבים והספדים.

6. ר’ צבי אינפלד, לדרך טעמי המצוות

7. ר’ לוי, נ”ך לאור ההלכה, שמואל ה

8. ר’ יוסף כהן, ספר התשובה, ב’ חלקים על רמב”ם הלכות תשובה

9. ספרא דצניעותא עם ביאור הגר”א

10. שיטה מקוצבת סוטה

11. שיטה מקובצת תמורה

12. תורת האדם לרמב”ן

חלק שני

1. ר’ מאיר בר אילן, מוולוז’ין עד ירושלים, ב’ חלקים, $36

2. יעקב כץ, מסורת ומשבר, $15

3. ר’ יצחק שילת, בתורתו של ר’ גדליה נדל, $31

4. מאיר הרשקוביץ, מהר”ץ חיות, $30

5. יאיר לורברבוים, מלך אביון, $20

6. ספר קושיות, מהדיר ר’ יעקב סטל [נמצאו כמה עותקים בודדים], $28

7. אמרות טהורות, מהדיר ר’ יעקב סטל, [נמצאו כמה עותקים בודדים], $35

8. הרב משה אביגדור עמנואל, לנבוכי התקופה, $19

9. תמר אלכסנדר פריזר, מילים משביעות מלחם, $20

10. ר’ יצחק ברויאר, הכוזרי החדש $27

11. שמואל ורסס ויונתן מאיר, ראשית חכמה, $26

12. ירחמיאל ברודי, לתולדות נוסח השאילתות, $20

13. שלום שלם, רבי משה אלשיך $25

14. אפרים אלימלך אורבך, רשימות בימי מלחמה

15. יצחק לנדיס, ברכת העבודה בתפילת העמידה, $24

16. דרכי נועם כולל הסכמת הגר”א מווילנה, $26

17. נחום רקובר, זכות היוצרים במקורות היהודים [במצבו], $33

18. יצחק בן צבי, ארץ ישראל ויישוביה בימי השלטון העותמאני

19. משה דוד קאסוטו, מגנס, $18

20. ר’ משה נחמני, חלוצים לציון, הקמת המושבה בבני ברק בתמיכתו של הראי”ה קוק,

21. ר’ יצחק הבנשטרייט, קברות התאוה הוא תורת הצמחוני, 80 עמודים

22. ר’ משה שמעון הופמן הי”ד, עורי צפון על עניני ישוב ארץ ישראל, 98 עמודים

23. ר’ משה נחמני, הגיבור הלאומי, פרקים בחייו של יוסף טרומפלדור, 338 עמודים

24. יש”א שלום, זכרונות ודברי הערכה מהגרי”ש אלישיב זצ”ל על הראי”ה קוק זצ”ל, 85

25. דרשות תלמיד הרא”ש על התורה, מכתב יד, בעריכת פר’ יעקב שפיגל, $21

26. קונטרס האמת תורה דרכה, בירור דברים בענין ברכת מעין שבע כשחל ליל הסדר בשבת ע”ד נגלה ונסתר, קפח עמודים, $11

27. ר’ בועז הוטרר, ובשנה השביעית, שנת השמיטה בהתיישבות החקלאית היהודית בארץ ישראל , ב’ חלקים [מצוין], $45

28. ר’ משה הלל, חזון טברימון, כמות מצומצמת

29. מאיר רפלד, המהרש”ל וספרו ים של שלמה, 288 עמודים, $21

30. גליונות הירושלמי של רבי שאול ליברמן – שלושה כרכים, בעריכת פר’ משה עסיס 2564 עמודים

31. ר’ יצחק סילבר, אין עוד מלבדו, בעניני הכשפים והשדים, ושאר כחות הנעלמים והסגוליים… וענין הע”ז… עד דורינו…. כישוף, עין הרע ועוד, 660 עמודים, $21

32. משה סמט, החדש אסור מן התורה , $75

33. יד אליהו קוק, חלק ב- נשים, $14

34. שר שלום, שערים ללוח העברי $26

35. . חסדי אבות, פירוש מסכת אבות לרבי דוד פרווינצאלו, מכתב יד, בעריכת פר’ יעקב שפיגל, $20

36. . ר’ יצחק ריינס, וזה דבר השמיטה, מכתב יד, $19

37. . רועי גודלשמידט, דורשי רשומות רטוריקה, עריכה, למדנות ומעמדות חברתיים בספרות הדרוש במזרח אירופה, $32

38. זהר עמר, ספר הרפואות של אסף הרופא, $28

39. אריה מורגנשטרן, משיח בן יוסף ובניין ירושלים מחוץ לחומות, מיסטיקה ריבלינית ומציאות היסטורית [שוב על קול התור], $30

40. הרב אברהם אליהו קפלן, דברי תלמוד, חלק א, $23

41. תרבות וחברה בתולדות ישראל בימי הביניים, קובץ מאמרים לזכרו של הלל בן ששון, $33

42. ח”י גורלאנד, לקורות הגזירות על ישראל, $36

43. נפש הגר, על תרגום אונקלוס, $50

44. יש”י חסידה, רב האיי גאון רשויות לפרשיות התורה, $17

45. ר’ הילמן, חקרי זמנים חלק ג, $23

46. ר’ שמואל מסנות, מדרש דניאל ומדרש עזרא, $27

47. יצחק בער לעווינזאהן, תעודה בישראל, $25

48. יונה פרנקל, דרכו של רש”י לתלמוד, $30

49. ספרים על מסכת מועד קטן: פירש רש”י האמיתי\ פירוש ר”ש בן יתום\ מצבת משה, $29

50. מחברות עמנואל [מהדורת דב ירדן], $48

51. טעמא דשביתא, יסודותיה הרעיוניים של השמיטה, $13

52. פסקי הלכה של ר’ חיים אור זרוע, $24

53. ישראל תא שמע, הנגלה שבנסתר – 20$

Eruv Tavshilin:  A Scribal Error or Deliberate Reformation?

by: Dan Rabinowitz

The Washington Haggadah was written by the scribe Joel ben Simon, and is currently housed at the Library of Congress in Washington, D.C., and is available online in a beautiful digital copy. Joel produced the Haggadah in the late 15th century. As so much of the core Hebraica collection at the Library of Congress, the manuscript was sold by Efraim Deinard to the Library probably around 1916. (Deinard was one of the most interesting bookmen in the early 20th century, and we will return to him and his biography in the near future).

In 1965, this haggadah was first printed as part of the Diskin Orphan House Haggadah series. The Library of Congress didn’t publish its facsimile edition until 1991, and last year another facsimile edition of this haggadah was published. Although this haggadah was written close to 300 years before Diskin published it, a significant scribal error escaped notice until that time. Specifically, in the text for eruv tavshilin rather than just saying “with this eruv I am allowed to cook from Yom Yov for Shabbat,” it continues and says “and on Shabbat for Yom Tov.” Eruv tavshilin is designed to permit cooking on the holiday for Shabbat. Of course, cooking is always prohibited on Shabbat, whether or not it follows a holiday. The Washington Haggadah seems to permit what is otherwise prohibited.

This did not escape the eagle eyes of some. They feared that someone might use this haggadah (we note that contrary to the other reproductions mentioned, the Diskin version is a poor copy) and inadvertently think it is permissible to cook on Shabbat. The Agudath Harabbonim took out ads in the Yiddish daily, Der Tag, and the Forward to let its readers know of this error.

The publishers countered the Agudath’s claim and mailed out a letter, with the provocative title, “Heresy or Blunder,” after Passover indicating the error and included a letter from Cecil Roth, who had written about manuscript haggadot.

In his letter, he indicates that, indeed this was most likely unintentional and that Joel did not have a different tradition regarding eruv tavshilin. Indeed, we know from Joel’s other manuscripts, where he records the correct blessing, that the Washington 

Haggadah’s version was simply a scribal error.

 

NOTE: In 1991, the Library of Congress (where the manuscript resides) published an (expensive) facsimile edition of Washington Haggadah. Myron Weinstein, ed. The Washington Haggadah: A Facsimile Edition of an Illuminated Fifteenth-Century Hebrew Manuscript at the Library of Congress Signed by Joel ben Simeon (Washington, D.C., Library of Congress, 1991). In that volume, the text of the eruv tavshilin is discussed by Mordechai Glatzer, “The Ashkenazi and Italian Haggadah and the Haggadot of Joel ben Simon,” 157. The Washington Haggadah was recently republished in a much more affordable format and includes articles by David Stern and one, if not the foremost expert on illustrations in Haggadot, Katrin Kogman-Appel see here for her Academia page). The Washington Haggadah: Copied and Illustrated by Joel ben Simeon (Cambridge: Harvard University Press, 2011). See here for a video presentation by Kogman-Appel and Stern delivered at the Library of Congress.

Lectures on Hagadah Shel Pesach and about Hagaon Rav Chaim Kanievsky ZTZ”l’s Seforim

By Eliezer Brodt

Earlier this week I had a conversation with Rabbi Moshe Schwed of All Daf, about the Hagadah. Topics included: how many Hagadas there are in existence, various works on the development on the Pesach Seder, and seforim devoted to the Halachos of the Seder, by Rishonim and Achronim. It concluded with a short discussion about illustrated Hagadas and the reasons behind them, available here. It is also available for viewing here and here.

In addition, here are the first three episodes of a new video series that I recently started with Rabbi Moshe Schwed of All Daf. The series is devoted to the seforim of Hagaon Rav Chaim Kanievsky Ztz’l.

In the first episode, I discuss Kiryat Melech, R’ Chaim’s sefer on the Rambam. The second one is about his work on the Marsha, Orchos Chaim, and more. The third episode is devoted to a sefer called Nachal Eitan. I hope to continue with this series right after Pesach.

 It is available for viewing here [1,2,3] and here. Here is a link to a folder with the videos (it also includes only audio files of the presentations).

.Feedback or comments of any sort are appreciated

“Contemporary Rabbis don’t bother to interrogate the sources of law and custom; instead, their purpose is to traffic in chumrot and create new prohibitions. They are unable to appreciate their hypocrisy … on the one hand, they roar like a lion against those who are open to change and the reformists, that one cannot alter an iota from what the kadmonim imposed, while on the other hand, casually discard the kadmonim whenever the achronim create new chumrot and they fight with all their might…to impose these new prohibitions.”

R. Yitzhak Shmuel Reggio, Yalkut YaShaR, Gorizia 1854.

Kitniyot and Mechirat Chametz: Paradoxical Approaches to the Chametz Prohibition

By Dan Rabinowitz

Some Pesach rituals trace their history for millennia. Others are of more recent vintage and continue to evolve significantly without any indication of stopping. Two in that category define the contours of chametz prohibition, one expanding and the other contracting its perimeters. Each’s creation was itself a radical departure from the status quo. In both instances, rabbis readily overcame established legal precedent. But their methodologies differ substantially and, at times, are contradictory. Yet, the intersection between the two, mechirat chametz and kitniyot, remains unexplored, and their conflicts unresolved.[1]

Mechirat Chametz

The present-day practice of “mechirat chametz” consists of the pre-Pesach transference of the title to the Jew’s chametz to a non-Jew, and upon the conclusion of Pesach, the chametz reverts to the Jew at no cost. The Torah prohibits any relationship between a Jew and their chametz on Pesach. Aside from the usual restrictions against eating or otherwise enjoying a prohibited item, here, the Torah proscribes even possession. One must destroy their chametz. The Mishna (Pesachim, 21a) and Talmud (Pesachim 13a) recognize that one can avoid liability if they sell their chametz to a non-Jew. But those transactions were permanent and irreversible, and the chametz never returned to the Jew. The first instance of a reversible transaction appears in the Tosefta (Pesachim 2:6).

ישראל ונכרי שהיו באין בספינה וחמץ ביד ישראל ה“ז מוכרו לנכרי ונותנו במתנה וחוזר ולוקח ממנו לאחר הפסח ובלבד שיתנו לו במתנה גמורה

A Jew and a non-Jew are boarding a ship on the eve of Pesach, and the Jew has chametz, he can gift it or sell it to the non-Jew and get it back afterward so long as it was an absolute gift.

The Jew is boarding a ship on Erev Pesach,[2] on a journey that will extend beyond the holiday. There is enough non-chametz for Pesach, but if he destroys his chametz now, he likely will not survive the remainder of the journey. Can one violate Pesach and keep the chametz?  If the chametz is necessary to survive Pesach, he can keep it and even eat it on the holiday. But does a future pikuah nefesh issue justify violating the law now? According to the Tosefta, a reversible transaction will avoid liability for the chametz, so long as it is “matanah gemurah,” an unconditional gift, and not matanah ‘al meant le-hachzer.   One can justify relying on pure legal formalism and comply with all the technical requirements of a transaction, even if the practical effect of this transaction is a nullity.  

Another version of the Tosefta seems to envision an even more restrictive view of the transaction.  In this version, in addition to the requirement that the transaction is a “matanah gemurah,” there is one more caveat, “u-belvad she-lo yarim,” “so long as it is not a trick.” [3]

According to Rav Amram Gaon (810-875) and Rishonim, “no trickery” codifies the implicit limitation of the Tosefta, that this solution is exceptional (expressed nautically) and can never become the norm. This approach remained the practice for hundreds of years, and there was no yearly mechirat chametz. The Rambam and the Rosh repeat the case described in the Tosefta, occurring on a ship, not in any other context. [4]

R. Yisrael Isserlein (1390-1460), in his collection Terumat HaDeshen, is the first recorded instance of a Jew seeking to avoid financial loss affirmatively engaging in the Tosefta’s solution. He discusses a case where someone owns a significant amount of chametz and would incur a loss if he destroys it. But there is a non-Jewish acquaintance that is willing to accept the chametz gift with the understanding that he will return it after Pesach. Isserlein permits this approach so long as it is a gift without explicit conditions. Isserlein does not limit the frequency of resorting to this approach.[5]    

The immediate impact, and rate of adoption, of his decision, remains unclear. Indeed, some question the historicity of Isserlein’s responsa. They claim that the issues described are theoretical and are not in response to actual queries or events.

In the 16th century, R. Yosef Karo (1488-1575) discusses the legal issue of the retrievable sale in his commentary on the Tur, Bet Yosef, and records Isserlein’s ruling in Shulchan Orach but does not indicate whether it was commonplace.  In his commentary on Shulchan Orach, R. Moshe Isserless (1530-1572) (Rema) is silent on this issue entirely and does not mention a yearly custom to sell chametz.  The first to widely apply this technique and significantly lower the requirements was R. Yoel Sirkes (1561-1640).  

With the introduction of propination laws in the 16^th century and the rise of the arendtor, there was consolidation in the alcohol industry, shifting control from localized production by peasants to the ruling class. Many of those licenses were managed or leased to Jews. By the late 16th century, Jews in Poland and Lithuania were firmly entrenched in the alcohol industry.  For many non-Jews, arendtor and Jew were synonymous. According to one account, Jews held a monopoly on the entire alcohol trade in Cracow. This created an issue for Pesach.  While Isserlein and Karo, and many others accept that one can sell their chametz, they all explicitly require, like any standard transaction, that the non-Jew remove the chametz he bought. Karo, in Shulchan Orach, codifies the requirement that the chametz is “me-chutz le-bayit,” outside of the Jews’ control. The Jew’s house was chametz-free.  But it was impractical to remove the distillers’ chametz from their property because of the substantial amounts and the fear that with alcohol, the non-Jew might not return it. [6] 

Faced with these issues, Sirkes created a new approach to the sale. Mechirat chametz is not just chametz, he also counseled to sell the ground underneath the chametz. It effectively created non-Jewish property within the Jew’s home. The chametz was “me-chutz le-bayit,” but remained in situ.

Sirkes’ ingenious solution created another issue. When the sale was just for chametz (a transportable good), a monetary transaction, even a nominal one, sufficed. But a written contract is required to sell land to a non-Jew.  Rather than change the process for the sale of chametz and mandate a written contract, Sirkes relaxed the contractual requirement.  He reasoned that requiring a contract for mechirat chametz potentially created another economic issue. He explained that a written agreement might otherwise induce the non-Jew to think the Jew fully sold the chametz and might keep it! This would trigger significant losses, and Sirkes was willing to forego the contract entirely.  He justifies both the sale and the diminution of its legal requirements because of potential economic harm.[7]  

Sirkes’ solution generally relaxed the legal requirements, but he did add two new aspects to mechirat chametz.  First, one must explicitly acknowledge the deficiency of the sale and announce that “I am selling you the room where the chametz is for money and even though I didn’t write a contract.”  He explains that this formulation works according to Tur and R. Karo in Bet Yosef (Choshen Mishpat 194), even for a land sale. Left unmentioned is that Sirkes rejects that position in that same section.

Second, the Jew must give the non-Jew a key to the house. Without that, no external action signifies the chametz is not the Jews, and the sale is clearly a sham.  By the early twentieth century, R. Yisrael Meir Kagan, in his Mishna Berurah, further eroded the key requirement and nullified the need for it entirely for all intents and purposes.  Rather than a physical transfer of the key, the Mishna Berurah allows one merely to identify the key’s location. Like the chametz, the keys can remain in the Jew’s possession, on their regular hook, and in the Jew’s control. There is no independent source for this leniency.  Instead, according to R. Kagan, it is “pashut.” [8] 

The key requirement was not the only aspect of Sirkes’ formula that fell by the wayside. Almost immediately after Sirkes created his workaround, it was being degraded.  Both R. Avraham Gombiner (1635-82), in his Magen Avraham, and R. David HaLevi Segal, in his Turei Zahav, hold that even giving a key is unnecessary. Simply setting aside a place for the chametz is enough.  (Although it seems that the key’s association with mechirat chametz was so pervasive that people began to sell the key rather than the chametz.) [9]

Sirkes’ idea that one can include non-chametz items in the fictional sale was adopted in a different context, again because of the effect of the alcohol trade. At the time, most distilling occurred with rye. The process produced a significant amount of spent rye, while otherwise useless, could be turned into cattle feed. Jewish cattle farmers recognized that they needed to sell their animal feed, and they did so. But, without that feed, the animal’s health and well-being were affected, and it took them time to recover after Pesach. Thus, it became customary to sell not only the chametz but also the cow. Now the non-Jews could come and feed the now non-Jewish cattle their regular diet. While this was initially frowned upon by some, many ultimately accepted it. [10]

The Dispute in Jassy Regarding Modifications to the Process

Despite all of these changes, until the 19^th century, one aspect of the sale remained consistent; the individual conducted it, and there was no public communal sale of everyone’s chametz. Yet, leaving it to the individual proved problematic. According to some, there were widespread issues of sales not conforming with the (then) acceptable formulations, inattention to the transaction details, and a general failure to consummate the sale. To accommodate those realities, another shift in the process occurred. The most conspicuous example of introducing the new approach occurred in Romania in the 1840s. R. Yosef Landau and R. Aaron Moshe Taub, two of the leading rabbis in the same city, Jassy, disagreed about the propriety of instituting this new method. Collectively, they published six titles and five books supporting their respective opinions. 

Additionally, Landau asked one of the most well-known legal authorities in the region, R. Shlomo Kluger (1785-1869), to adjudicate the dispute. He wrote a lengthy teshuva siding with Landau’s approach. Yet, this remained unsettled in his mind, and some years later, he retracted his position and agreed with Tauber.

R. Yosef Landau (1791-1853) came from a rabbinic family and, in his youth, studied with R. Levi Yitzhak of Bardichiv. He married young, and when his first wife died at 18, he remarried. His father-in-law was wealthy and generously supported Landau, enabling him to study full-time. At 22, he accepted the position as Liytin’s rabbi. In 1834, at the suggestion of the Ruzhiner Rebbe, Landau took the position of chief rabbi of Jassy.

Jassy (Iași) is today located within northeastern Romania, near the border with Moldovia. In 1565, it became the capital of the former principality of Moldovia and today is the second-largest city in Romania. Jassy had long been the spiritual center for Jews throughout Romania/Moldovia. By the early 19^th century, it became a hub for Chasidim. In 1808, R. Yehoshua Heschel Shor, the Apter Rebbe, settled in Jassy.

The early to mid-19^th century was arguably the high point of Jewish life in Jassy. At the opening of the century, there were less than 2,000 Jews. By 1838, there were almost 30,000 Jews, accounting for over 40% of the total population. Concurrent with the influx of Jews into Jassy was a general improvement of its finances, especially after the Russian Turkish peace of Adrianople in 1829. Jews played a sizeable role in the city’s overall commerce. They held monopiles to several industries, cattle, cheese, cereals, and dominated in others, such as banking, and owned most commercial buildings in the center of town.

While progress had been good for Jassy, it came with challenges. The combination of the sprawling populace and robust commercial market created complexities that required a revision to the process. After Landau arrived in Jassy, he instituted a new form of mechirat chametz. He established a system where individuals would no longer transact directly with a non-Jew. A handful of select people would buy everyone else’s chametz, and those designated ones would execute the final sale to the non-Jew. Appointing a few knowledgeable people ensured consistency and greater compliance.

Sometime before 1842, Landau published the rationale for this decision. There are no extant copies of that book, Seyag le-Torah, and consequently, the publication date has confused some bibliographers. Friedberg, and after him, Vinograd, date Seyag le-Torah to 1846, which would place it at the tail end of the controversy, its final book, published after three years of silence. But Shmuel Ashkenazi demonstrated that Seyag le-Torah is the first book published regarding the communal mechirat chametz controversy in Jassy and was printed around 1842. The rest of our discussion follows Ashkenazi’s reconstruction of the dispute. [11]

By 1842 Landau could no longer lead the community alone. He requested for the Jewish community to hire a second rabbi. With Landau’s blessing, R. Aaron Moshe Tauber (1787-1852), originally from Lviv, was engaged. Tauber also came from a storied rabbinic family and was the grandson of R. Yoel Sirkes. He also married into a wealthy family in Przemysl, Poland, and studied there for a few years after marriage. He began a relationship with R. Yaakov Meshulum Orenstein (author of the Yeshuot Ya’akov), then rabbi in Jaroslaw, about ten miles from Przemysl. Tauber eventually left Przemysl and returned to Lviv. By this time, Orenstein was the chief rabbi of Lviv, and he and Tauber reconnected. Tauber also began regularly studying with R. Shlomo Kluger, then rabbi in Kulykiv, on the outskirts of Lviv. In 1817, Kluger would leave Kukykiv for Brody, but Tauber remained until 1820. When he was 32, he took a position in the hamlet of Snyatyn, Ukraine, over 150 miles south of Lviv. In 1831, he made an unsuccessful bid for the chief rabbi of Óbuda (one of the three towns that merged in 1873 to form Budapest). In 1842, after 24 years in Snyatyn, Tauber moved further south to Jassy as the new co-rabbi.

Soon after arriving, he learned of Landau’s mechirat chametz process and disapproved. In a public address, Tauber criticized the practice but declined to take any more concrete action against it because he deemed it an entrenched and accepted custom. Nonetheless, he counseled those “who have the fear and trembling of God in their heart” to execute a private sale. According to Tauber, Landau started a whisper campaign that all private sales of chametz are ineffective. Nonetheless, Tauber “remained silent” and held himself back from a direct conflict with Landau.

By Pesach of 1843, all the gloves were off. Tauber claimed that he identified additional issues with the new procedure that convinced him he must act; otherwise, all Jassy’s Jews risked liability. On the eve of Pesach 1843, he published Modo’ah Rabba (An Important Announcement), identifying issues with Landau’s approach to a communal mechirat chametz. Landau had his response ready and published Mishmeret Seyag le-Torah defending his position in Seyag le-Torah within a month. A second title, Bitul Modo’ah (A Nullification of the Announcement), specifically addressed the issues Tauber raised in Modo’ah Rabba appeared at the end of the book. While Landau was formulating and printing his response, Tauber was working to explain his position further.

A short time later, Tauber published Hagu Segim (Remove the Detritus, based upon Misheli 25:4), offering additional evidence against the new practice. But, he wrote this before seeing Landau’s Mishmeret Seyag le-Torah and did not discuss its arguments. To address that, soon after, Tauber published another pamphlet, Hareset Mishmeret (Destroying the Guardian), that attempted to rebut Landau’s rejoinder of Tauber’s rejoinder of Landau’s original defense.

A few copies of Landau’s Mishmeret le-Seyag with Bitul Mo’dah and Tauber’s Hareset Mishmeret survive. There are no extant copies of the other books. Mishmeret le-Seyag/Bittul Mo’dah and Hareset Mishmeret are now available online. But both digital versions are flawed. The National Library of Israel’s copy of Hareset Mishmeret is damaged, and some text is lost. But Tauber autographed the final page of that copy.

The issue with the copy of Mishmeret le-Seyag le-Torah on Hebrewbooks.org is more significant. There is no title page, and the text begins on the first page. Typically, the verso of the title-page is blank or contains copyright information. This copy was originally reproduced by Copy Corner.  In the pre-internet era, the Goldberg brothers photocopied rare and out of print books and bound them in a rudimentary hardcover and distributed them through Beigeleisen Books in Boro Park. Through their efforts thousands of seforim were accessible to the wider public at very reasonable prices.  For those without access to libraries with significant seforim collections, Copy Corner’s catalog stepped in to address that gap. When Copy Corner photocopied the books they added their publication information to the verso of the title page. Normally not an issue, here it results in a blank page with just the Copy Corner legend substituted for the second page of the text of Mishmeret le-Seyag le-Torah.

Hareset Mishmeret was the last public missive, but the two sides remained at loggerheads privately. Communal leaders unsuccessfully pressed for a resolution but eventually, the two reconciled. Love instigated the cessation of hostilities.

In 1846, R. Landau’s son, Mattityahu, married Tauber’s daughter. But the marriage almost didn’t happen. Not because of the controversy over mechirat chametz. Instead, the bride’s and groom’s mothers shared the same name, Hindi. Some view such a match as taboo. But the Ruzhiner Rebbe, R. Yisrael Friedman, endorsed the match. He reasoned that there is no prohibition here because neither mother uses her given name. They both go by “Rebbetzin.” [12]

Sometime before the intermarriage of the two families, Landau requested R. Shlomo Kluger’s assistance to resolve the dispute and determine which approach to adopt. Kluger’s reply begins that he is personally unacquainted with R. Landau but that Tauber is a childhood friend. Despite that friendship, Kluger sides with Landau.

Tauber only recently arrived in Jassy, the largest city in Moldovia, and was unwise to the realities of a big city. Kluger attributes Tauber’s objections to his naivety. Tauber spent the last twenty-two as the rabbi of the small town of Sniatyn, where there were around 2,000 Jews compared to Jassy’s 30,000. The traditional practice of private transactions might work in a town the size of Sniatyn, where Tauber was able to supervise the process. Jassy was a different animal. Landau was responding to those realities when he restructured mechirat chametz. Kluger was the rabbi of Brody, a substantial city of an estimated 15,000 Jews, and saw first-hand the challenges of a large and more cosmopolitan community. Like Landau, Kluger adopted the revised mechirat chametz. Indeed, he had already done so six years earlier! Over the next seven printed double-column pages, Kluger justifies his and Landau’s mechirat chametz ritual, concludes that Landau’s approach is correct, and describes it as “takanah Gedolah,” a worthy edict. Kluger, however, notes that he finds the whole episode distasteful and that he doesn’t have time to engage in these sorts of controversies and communicates his mystification that such a vicious dispute could arise over a “davar katan” like this.

Despite Kluger’s comprehensive defense of the communal mechirat chametz ceremony, he ultimately regretted that position. Kluger included an addendum when this responsum went to press in 1851. After seeing the effects of the new approach, he explained that he was reversing his stance. With the consolidation of mechirat chametz into a communal sale, an industry arose. Profiteers saw an opportunity and began competing for people to sell them their chametz. With money as their only motive, they were incredibly sloppy with the sales. With the single points of failure, there was often no legally recognized transfer, leaving countless people owning chametz on Pesach. Kluger disavowed his lengthy defense. He ascribed it to alternative motives, preserving Landau’s honor. Kluger concluded with the recommendation that every individual execute their own contract with the non-Jew, i.e., Tauber’s position.[13]

During that same period, R. Moshe Sofer, in a very lengthy responsum, supports preserving the less than 100-year-old practice of selling chametz and rebuffing the many reasons it seemingly conflicts with established Jewish law. Despite his leading the rallying cry of “hadash assur min ha-Torah,” Sofer, who rejects new approaches because of their novelty, unqualifiedly approved of mechirat chametz.

R. Ephraim Zalman Margolis wrote to Sofer and raised issues with the current process as it was nothing more than “ha-aramah” and that certainly selling one’s animal is prohibited. Sofer began by noting that there are instances where ha-aramah is permitted. Hazal crafted those exceptions because they recognized that “אין כל המקומות והזמנים שוים.” Ultimately, he concluded that despite the sham nature of the modern procedure, it is a fully-realized transaction that discharges ownership for purposes of chametz and even permits the Jew to sell their cattle with the chametz. [14]

Sometime after the widespread adoption of communal mechirat chametz, there was another revision to the practice. Now, the individual no longer sells his chametz to the rabbi and the individual never directly executes a sale. Instead, the individual approaches the rabbi not to sell him the chametz but appoint him an agent to sell it on their behalf.[15]

The most recent shift in mechirat chametz is that it is no longer de facto but de jure.  According to some, R. Shlomo Yosef Eliashiv among them, today, mechirat chametz is obligatory even if one destroyed their chametz. [16]  

(Bardak, recently satirized the contemporary practice, with all its details, in an episode that imagined a very sophisticated purchaser that presses their rights, legal and political.)

Kitniyot

The historical approach to mechirat chametz and the willingness to adapt biblical law to the realities of modern society stands in sharp contrast to another chametz-related issue, kitniyot. There is no doubt that the biblical prohibition against chametz did not include kitniyot. The Mishna and Talmud agree that it is permissible. At best, it is an Ashkenazi custom and/or edict whose earliest record is the 13^th century and was never universally adopted by all Jews. Consequently, many rabbis explicitly rejected the prohibition as either a “minhag ta’ot” or even a “minhag shetut.” Yet, according to some, kitniyot is such a powerful legal concept that even in instances of severe famine, kitniyot remains prohibited. Kitniyot is even more pervasive now than ever before, with new items added yearly to the list. [17]

There have been attempts to repeal kitniyot custom since the 18^th century, without significant success. In the case of the nascent Reform Judaism movement, like many other laws and customs, it overturned kitniyot without any specific halakhic justification. But the other attempts came with substantial legal analysis that supported removing the prohibition. Many raised economic arguments to justify reversing kitniyot. In the case of mechirat chametz, the initial beneficiaries of the sale were well-to-do Jews who held large amounts of chametz. The kitniyot restrictions mainly affected the poor who could not afford expensive matza and for whom kitniyot’s low cost would provide a more economically feasible alternative to satisfy their daily caloric needs.

R. Tzvi Ashkenazi, Chakham Tzvi (1656-1718), one of the leading rabbis in Western Europe, first articulated this argument. Chakham Tzvi concluded that the economic harm justifies removing the restriction. Nonetheless, he declined to act alone, and without others joining his approach, the rule remained in effect even in the communities he served. Likewise, his son, R. Yaakov Emden (1697-1776), agreed with removing the restriction against kitniyot but required consensus among rabbis to make any practical change. [18]

Eventually, beginning at the turn of the 19^th century, a handful of communities in Western Europe acted upon the approach of Hakham Tzvi (in addition to marshaling other arguments) and abolished the prohibition against kitniyot.[19] The first to do so was a community under French control, the Consistory of Kingdom of Westphalia, created by Napoleon in 1807, today located in the north-western corner of Germany. The argument for the repeal was initially only on behalf of garrisoned soldiers in the area. They did not have access to large amounts of matzo, and permitting kitniyot would alleviate their hunger. Ultimately, the kitniyot repeal applied to all Jews in the area. Perhaps the most well-known rabbi involved, R. Menahem Mendel Steinhardt, authored a lengthy defense of the dispensation and many other changes and sent it to his close friend R. Wolf Heidenheim (1757-1832). Although Steinhardt specifically told Heidenheim to keep the letter private, Heidenheim believed that the analysis was too compelling to hold back from the public. Heidenheim went ahead and published it without consent at his own expense. He also appended some of his notes to the book. The book, Divrei Iggeret, published in 1812, contains one of the most cogent published arguments for the abolition of kitniyot. Nonetheless, Steinhardt’s defense was rejected by many.

Despite those rejections, in addition to Heidenheim, others continued to support him, if not his kitniyot position. His former havruta, R. Betzalel of Ronsburg (1760-1820), who provided a haskamah to Steinhardt’s responsa work, Divrei Menahem, still held him in high esteem long after Divrei Iggeret. He also secured two subsequent rabbinic positions in other Jewish communities. Others, however, cast him as a villain.

One recent book characterizes Steinhardt and others as “the wicked maskilim may their names be blotted out” and ascribes their motivations as solely driven “to disparage the kadmonim.” Rather than concern for the poor, according to the book, the true purpose of reversing the prohibition against kitniyot is to permit chametz on Pesach eventually. [20]

Heidenheim’s support troubled some because he is an accepted orthodox figure. One approach is to attribute Heideheim’s willingness to publish Divrei Iggeret as a favor to Steindhardt’s uncle, R. Yosef Steinhardt, with whom Heidenheim studied in his teens.[21] This explanation seems implausible. First, this approach ignores Heidenheim’s unreserved praise of the force of Menahem’s arguments. Heidenheim justified his decision to unilaterally publish Menahem’s letter so that “every honest, sensitive, and intelligent person will see that [Menahem’s] purpose is to teach Beni Yehuda avodat Hashem, to fear and love Him in the ways of truth and peace . . . and to respond to the detractors and support the poor and provide them as much food as possible.” Second, when Divrei Iggeret was published, Yosef Steinhardt had been dead thirty-six years, and when he passed, his nephew, Menachem, was only seven years old. Indeed, another author, Benyamin Shlomo Hamburger, highlights this lack of connection between uncle and nephew to diminish any family prestige that might inure to Menachem.

Likewise, Hamburger turns Menachem’s adoption of his uncle’s surname (and not the more traditional approach of using his birthplace, Hainesport, as the surname) into a liability. Hamburger sees this as a blatant example of carpetbagging, trading on his uncle’s reputation. Similarly, Hamburger delegitimates Menachem’s responsa work, Divrei Menachem, and describes it as entirely self-interested, simply “an attempt to get any rabbinic position.”

Although Steinhardt’s approach to kitniyot did not significantly alter the orthodox practice, he substantially changed Jewish liturgical practices despite attempts to marginalize him. Steinhardt’s Divrei Iggeret comprises ten letters, one of which is devoted to kitniyot. The other nine argued for changes to other Jewish practices. The seventh letter addresses the custom to recite the mourner’s Kaddish.

Until the 19^th century, the accepted Ashkenazi custom was to have each mourner recite the Kaddish individually. Steinhardt argued for adopting the Sefardic tradition of all the mourners reciting Kaddish in unison. While some rejected that position as a change to the status quo, including R. Moshe Sofer, Steinhardt’s modification of the practice is today widely accepted. His opinion was first cited approvingly in the commentary to Shulchan Orach, Piskei Teshuva, with the instruction to review Divrei Iggeret for its compelling arguments. Many of those arguments mirror those Steinhardt relied upon for his repeal of kitniyot. Among those that kitniyot lacks Talmudic sources, the current restriction did more harm than good, the Sefardim already do it, and R. Emden theoretically permits its annulment.

Steinhardt first categorizes the entire kaddish ritual as a custom that “has absolutely no root or foundation.” He challenges any attempt to find early sources that support incorporating Kaddish into the standard prayers. Neither the Bavli nor Yerushalmi nor the “Rishonim” incorporate the practice. Steinhardt dismisses midrashic sources, presumably the Zohar Hadash (Achrei Mot, 112), as irrelevant to determining practice. Second, the current custom of assigning only one mourner to right to lead Kaddish is detrimental because it leads to fighting for priority and a general lack of decorum. Third, the modification is the standard practice amongst Sefardim. Fourth, in theory, R. Yaakov Emden’s willingness to overturn the Ashkenazi custom in favor of the Sefardic one. Fourth, he cites R. Moshe Hagiz’s that implies reciting kaddish unison is permitted. He concludes that despite canceling the historical practice, his position is also ancient.[23]

Steinhardt’s change was embraced by conventional rabbis, explicitly citing the Divrei Iggeret and incorporating the change into their codifications. For example, Kitzur Shulchan Orach, Ta’amei Minhagim, Kol Bo’ al Avelut, and the more recent Peni Barukh associate the change with Divrei Iggeret. R. Gavriel Zinner, in his work on the laws of mourning, Neta Gavriel, didn’t just cite the Divrei Iggeret; he reproduces the entire letter from “ha-Gaon Rebbi Mendel Steinhardt.”[24]

Hamburger is again troubled by the seeming approval of Menahem’s modification of Kaddish and asks, “how is it possible that Divrei Iggeret received such a positive reception that he became the source of this [new] law?” The answer: Steinhardt hoodwinked the Eastern European rabbis. They thought that the change occurred with the consent of all the German rabbis and was unaware that Menahem acted alone and his true purpose was radical reform. Left unexplained is why many of the same Eastern European rabbis were aware of his actual intentions when it came to kitniyot.[25]

Likewise, many of those same personalities that vigorously defended the retention and extension of the leniency of mechirat chametz refused to budge on the custom of kitniyot. Despite the lack of supporting evidence, R. Moshe Sofer held that repealing the kitniyot restriction is impossible because it is a universally accepted formal edict. Nonetheless, among his arguments in defense of mechirat chametz was that “any restriction that the Talmud does not explicitly mention we cannot decree that is prohibited.” [26]

R. Tzvi Hirsh Chajes defends the practice of mechirat chametz. He accepted that the justification for mechirat chametz is economic. Nonetheless, he rejects the elimination of kitniyot as a too substantial reformation of Jewish practice to allow, even though it too caused significant financial hardship. According to him, because the Reform movement abolished kitniyot, any other attempt is tainted and assumed to be driven by the same anti-Orthodox sentiments and must be rejected to maintain the status quo. Even though the first major successful attempt to remove kitniyot was not a Reform congregation but an Orthodox one, headed by notable Orthodox rabbis, who based their decision on the law. [27]

The practice of mechirat chametz significantly altered the landscape of Pesach compliance. Each stage of its evolution required creative solutions to contemporary issues as they arose. Rather than invoking the general rule that chametz demands a strict reading of the law, leniencies were repeatedly devised and were near-universally adopted. Indeed, R. Isserlein, in his responsum permitting mechirat chametz, rejects that principle’s applicability to mechirat chametz. With limited exception, until the 17^th century, Jews complied with the straightforward reading of the Biblical restriction, “chametz shall not be found in your houses.” The changing economics of the 17^th century forced the rabbis to confront a new reality where it was no longer financially possible to physically remove one’s chametz. One rabbi’s solution was universally adopted, altering the mechirat “chametz” to include a second sale, that of the land. In less than a century, his formulation proved insufficient to deal with the continuing changing reality. Other Rabbis instituted additional modifications to the process. Now there is no direct sale of chametz, and the mechirat chametz ritual consists of appointing an agent. Each of these changes required reliance on leniencies, and in nearly every instance, the modifications themselves created ancillary issues. Ultimately, rabbis overcame all the objections, and the mechirat chametz ceremony remains in full effect.[28]

Paradoxically, kitniyot, despite the many reasons marshaled against retaining the practice, each of these is ruled insufficient to justify repealing kitniyot. Instead, the principle of “the severity of the prohibition of chametz (leavened food) mandates rejecting leniencies” was applied to kitniyot (non-leavening foods) to justify its endless expansion and ignored for mechirat “chametz.” As of now, mechirat chametz does not apply to kitniyot, and the two practices remain isolated from one another, just as they have in their development and legal approach. Both, however, remain examples of the dynamic nature of Jewish practice even within Orthodoxy.

NOTES

[1] This article is not intended to provide a comprehensive survey of all the literature regarding mechirat chametz and kitniyot. The focus of the article is the historical modifications to the practices. For a general discussion regarding the history and application of mechirat chametz, see Shmuel Eliezer Stern, Mechirat Hametz ke-Hilkhato (Bene Brak: 1989); R. Shlomo Yosef Zevin, Ha-Mo’adim be-Halakha, vol. 2 (Jerusalem: Talmud HaYisraeli HaShalem, 1980), 294-304; Tuvia Friend, Mo’adim le-Simha, vol. 4 (Jerusalem: Otzar haPoskim, 2004), 151-223.

For a comprehensive discussion regarding kitniyot, see the recently published book by Yosef Ben Lulu, Kitniyot be-Pesach: Gilgulo ve-Hetatputhoto ha-Halakhtit ve-Historiyt shel Minhag Zeh be-Adat Yisrael ’ad Yamenu (Be’er Sheva: Dani Sefarim, 2021); see also our discussion, “Kitniyot and Stimulants: Coffee and Marijuana on Passover,” Seforim blog, March 9, 2010.
[2] The scenario of boarding on the eve of Pesach is problematic. The Tosefta prohibits boarding a ship within three days of Shabbat. Tosefta Shabbat 13:13. He is already in breach of one prohibition confirms that this is an extraordinary case.
[3] This is an alternative text and not a later interpolation. See Leiberman, Tosefta ke-Peshuto, Seder Mo’ad, vol. 4 (New York: JTS, 2002), 495-96. But R. Yosef Karo mistook this just to be the commentary of the BaHaG and not part of the text because otherwise, it would prohibit the then-current form of mechirat chametz. Karo dismissed “shelo yarim” as an independent requirement and treated it as simply a reiteration of the prohibition against an explicitly conditional gift. See R. Shlomo Yosef Zevin, Ha-Mo’adim be-Halakha, vol. 2 (Jerusalem: Talmud HaYisraeli HaShalem, 1980), 295.
[4] See Lieberman, id. at 496, collecting sources.
[5] See R. Israel Isserlein, Shmuel Avitan ed., Terumat ha-Deshen (Jerusalem: 1991), no. 120, 93. Of note is that Isserlein does explicitly cite the Tosefta as his source. Indeed, his “rayah” “prooftext” is a passage from Talmud Bavli (Gitten 20b). He argues that the Talmudic source generally recognizes a transaction even when the parties’ intent is for the recipient to return it. It is possible that he held the Tosfeta alone is insufficient justification for the broad applicability of a reversible gift. Instead, he needed to prove the general efficacy of this type of transaction.
[6] Gershon Hundert, Jews in Poland-Lithuania in the Eighteenth Century (Berkley: University of California Press, 2004), 14-15, 36-37; see generally, YIVO Encyclopedia, Tavernkeepers; Glenn Dynner, Yankel’s Tavern: Jews, Liquor, & Life in the Kingdom of Poland (Cambridge: Oxford University Press, 2013). Jews’ association with the liquor trade persists today in Poland. Since the 1980s, Kosher and “Jewish style” vodka has become popular with Poles. These vodkas are considered premium brands, allegedly so pure as to stave off any ill effects the next morning. See Andrew Ingall, “Making a Tsimes, Distilling a Performance: Vodka and Jewish Culture in Poland Today,” Gastronomica, 3 (1), (2003), 22-27.
[7] Sirkes assumes that a written contract is unnecessary. The contemporary practice of executing a written agreement occurred later. See Mechirat Chametz ke-Helkhato, 68-9.
[8] For a survey of sources requiring giving the key, see Mechirat Chametz ke-Hilkhato, 13n18. Mishna Berurah, 448:12 & Sha’arei Tzyion, id. He asserts that this position is alluded to in the Hemed Moshe. But the Hemed Moshe (448:6) discusses an instance where the non-Jew decides to return the keys to the Jew unilaterally. In that instance, the Jew does not violate the law. But this scenario still contemplates the Jew physically transferring the key to the non-Jew. There is no indication that the Jew can forego the entire transaction by simply referencing the existence of a key.

R. Yechiel Epstein (Arukh ha-Shulchan 448) also rules that the mere identification of the key’s location is sufficient to avoid liability. He also holds that he need not go alone if the non-Jew uses the key to access the room, not for chametz but to get something else. The Jew is permitted to accompany him to ensure the integrity of the goods.
[9] See Mechirat Chametz Ke-Hilkahto, 13.
[10] For an exhaustive collection of sources, see R. Yitzhak Eliezer Jacob’s 2003 book, Tevu’at be-Ko’ah Shor, devoted to the topic; see also Mehirat Hametz ke-Hilkhato, 30-31.
[11] See Yisrael Landau’s son, Mattityahu Landau, wrote a biography of his father. Toldot Yosef, (Bardichiv, 1908), 13-16; Shmuel Ashkenazi, “Ha-Mahloket bein Rabanei Yus be-Shenat 1843,” Ali Sefer, 4 (June 1977), 174-77. Iasi, Yivo Encyclopedia; Iasi, Pinkas Kehilot Romania.

For biographical information for Tauber, see Hayyim Nasson Dembitzer, Kelilat Yofei (Cracow, 1888), 151n1.
[12] Landau, Toldot Yosef, 15.
[13] Shlomo Kluger, Shu” T meha-Gaon Mofes ha-Dor R. Shlomo Kluger, in David Shlomo Eibsheuctz, Na’ot Desha (Lemberg: 1851) 3a-6b (at the back of the book). Avraham Binyamin Kluger, Shlomo Kluger’s son, published the book.

A few years later, another Pesach controversy, machine-made matza, also involved R. Shlomo Kluger. He was against using the new technology for Pesach. See Meir Hildesheimer and Yehoshua Lieberman, “The Controversy Surrounding Machine-made Matzot: Halakhic, Social, and Economic Repercussions,” Hebrew Union College Annual 75 (2004), 193-26.
[14] Shu’T Hatam Sofer, OH, 62.
[15] Like the other solutions, using an agent created its issues. But none were significant enough to undermine the efficacy or acceptance of the practice. See Mechirat Chametz ke-Hilkhato, 5-6, 110-19.
[16] See Mechirat Chametz ke-Hilkhato, 7. The legitimacy of the sale is of such force that even if someone completely ignores it and continues to eat and use their chametz, the sale is still effective for anything that remains. See R. Moshe Feinstein, Iggerot Moshe, Orach Hayim 1 (New York: 1959), 203 (no. 149).
[17] Ben Lulu, Kitniyot, 31-93.
[18] Yaakov Emden, Mor u-Ketiah, 453.
[19] Another early attempt to rescind kitniyot was the inclusion of a responsum in Besamim Rosh that alleges kitniyot source is from the Karaites. There is no basis for this assertion. On the contrary, the extant evidence demonstrates that Karaites affirmatively rejected any prohibition against kitniyot. See Ben Lulu, Kitniyot,173-75. See here for our previous discussions regarding the Besamim Rosh.
[20] Moadim LeSimcha 241-42
[21] See R. Nosson David Rabinowich, “Be-Mabat le-Ahor: Kamma he-Orot be-Inyan “Heter” Achilat Kitniyot be-Pesach,” Kovetz Etz Chaim 15(2011), pp. 345–348.
[22] Binyamin Shlomo Hamberger, Ha-Yeshiva ha-Ramah be-Feyorda: Ir Torah be-Dorom Germaniyah ve-Geon’eha (Bene Brak: Machon Moreshet Ashkenaz, 2010), 398-422.
[23] See Divrei Iggeret, no. 7, 10b-11a; Tzvi Hirsch Eisenstadt, Piskei Teshuva, Yoreh De’ah, 376:6.
[24] Gavriel Zinner, Neta Gavriel: Helkhot Avelut (Jerusalem: Congregation Nitei Gavriel, 2001), 344n2.
[25] Hamburger, Ha-Yeshiva, 412-417.
[26] For a discussion of R. Moshe Sofer’s position regarding kitniyot and his involvement in the controversy, see Ben Lulu, Kitniyot, 185-88.
[27] See Darkei ha-Hora’ah, chap. 2, Kol Kitvei MaHaRiTz, vol. 1, 223-225; Minhat Kenot, Kol Kitvei MaHaRiTz Hiyut, vol. 2, 975-1031.
[28] Some refrain from selling certain forms of chametz out of an abundance of caution, but the custom of the vast majority of Jews is to sell all types of chametz. See Mehirat Chametz, 5-6.