In the prior post, R. Brodt discussed the new work of R. Yechiel Michal Epstein. R. Epstein is most famous for his Arukh HaShulhan a comprehensive halakhic work. Although the work itself is very well-known there is one point about the work that is not as well known.

Today, the Arukh HaShulhan is sold as a set, a set which covers most of Shulhan Arukh. However, when it was orignally published, R. Epstein did not put out all the volumes at once, rather it was published piecemeal. The first volume, on Hoshen Mishpat, was published in 1884. The volume on Orach Hayyim wasn’t completed until 1909 after R. Epstein had died (he died in 1908). Even after a portion of Shulhan Arukh was completed, in most cases, the Arukh HaShulhan continued to be published in small volumes comprising a few simamin and not more. [It was first published in a “full set” in 1950.]

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

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

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

Almost every Friday morning, I get a call from a fellow seforim addict asking me what’s new on the market. The past few weeks, he had been complaining to me that the market is dry, and nothing of note has been put out. Yesterday, he told me that finally one interesting thing came out the night before: a collection of the writings R. Yehiel Mihel Epstein (1829-1908), the author of the Arukh HaShulhan, called Kitvei Ha’Arukh HaShulhan. So off I ran to the seforim store to get this new piece. What follows is a review of this new sefer.

Kitvei Ha’Arukh HaShulhan is divided into multiple parts. The first part is a reprint of the “Or La’Yesharim” by R. Epstein. The Or La’Yesharim is a commentary on the classic work, Sefer HaYashar of Rabbeinu Tam. R. Epstein wrote this when he was very young, although it wasn’t published until 1869.

The Sefer HaYashar of the Rabbeinu Tam[1] (this is not to be confused with the mussar work with the same title which is incorrectly attributed to the Rabbeinu Tam – there is some debate exactly who the author is, with some claiming it is R. Zerachia HaLevi, author of the Ba’al HaMe’or, others attribute it to R. Zerachiah HaYevani, and finally others claim the author is Rabbeinu Yonah) which is today available in two parts – Hiddushim and She’elot u-Teshuvot. The Sefer HaYashar was first published (both parts together) in 1811 in Vienna, but this edition was full of errors. Later, in 1898, it was reissued – but only the She’elot u-Teshuvot section, by R. S. Rosenthal for Meketzei Nerdamim. He included both his own notes as well as notes from R. Ephraim Zalman Margolis in an effort to correct the seriously corrupted text. In 1959 R. S. Schlesinger republished the the Hiddushim section of this sefer in a more critical edition. Professor E. E. Auerbach writes that it is ironic that the Sefer HaYashar should have so many textual errors, when one of the purposes of the Sefer HaYashar was to provide a correct text of the Gemara. (Balei Hatosfot p. 94). In Kovetz Al Yad (volume 7), R. Yosef Kapach printed some more teshuvot of Rabbeinu Tam. Today, however, there are still still many pieces which rishonim quote from the Sefer HaYashar of Rabbeinu Tam which are not found in either section of the Sefer HaYashar that we have.

The Or La’Yesharim by R. Epstein is an extensive commentary covering the Nashim and Niddah masekhtot of the Hiddushim section of the Sefer HaYashar. The original edition was very rare and now, thanks to work R. Horowitz, the editor of the newly published Kitvei Ha’Arukh HaShulhan, it is now available to all. This part of the volume comprises 200 pages and is nicely printed and includes a thorough index.

Or La’Yesharim has many haskamot from: R. Yitzchak Elchanan Spektor; the author’s brother-in-law, R. Naftali Zevi Yehudah Berlin (Netziv); the author’s uncle R. Meir Berlin; R. Yehoshua Leib Diskin; and even from a Hasidic Rebbe, R. Aaron M’Chernobyl. It seems that there also was a haskama from the R. Menahem Mendel Schneerson, third rebbe of Lubavitch known as the Tzemach Tzedek, but it was lost.

The next part of the Kitvei Ha’Arukh HaShulhan is a collection of the Arukh HaShulhan’s She’elot u-Teshuvot on all areas of halakha. It’s known that the Arukh HaShulhan wrote a very large amount of She’elot u-Teshuvot to thousands of questions that he was asked from all over the world. But, he writes that he was too busy to keep copies of all of them and thus, unfortunately, we do not have too many copies of these letters. However, R. Horowitz collected the letters that we do have from various sources: publications of the time, people he corresponded with that printed his letters in their seforim and manuscripts. There are some interesting statements in the teshuvot such as “Chas vesholom to rely on the shekia of Rabbeinu Tam as the Gra and Shulhan Arukh Harav already come out not like him” (p. 7). Another interesting letter is where R. Epstein writes after trying to find a leniency, he writes “even though I always try to leniencies where needed here I could not” (p. 74).

Interestingly enough, this new edition included all letters of the Arukh HaShulhan based on the advice of R. Chaim Kanievsky, to produce a complete work and not to censor any of the letters. This includes the famous letter of the Arukh HaShulhan permitting one to use electricity on Yom Tov. But, as has already been pointed out by many people, this was based on a faulty understanding of the exact science of how electricity works (pg. 12-13). Another famous letter of his printed here is his allowing of Metzizah through an instrument (p. 50).

The next part of the sefer is a collection, but not all, of derashot (sermons) of R. Epstein. One only wonders why the editor chose to put in these and not all, (or perhaps none) as we already have all this in a recently released volume. These derashot are excellent continuing in the path familiar already through his commentary on the Haggadah called Leil Shimurium.

The volume continues with a collection of letters related to community work, various semikhot that he gave to Gedolim and haskamot that he gave to various works. These come from private collections, including those from Hebrew University and the Schocken Collection of Jerusalem.

One interesting letter that seems to have bypassed the radar of the editors is a letter where someone had asked him about something, and R. Epstein responded:

“unfortunately, we cannot ask my brother in law, the Netziv, because he’s ill, and we can’t ask R. Yitzchok Elchanan Spector because he’s surrounded by people (מוקף מסביב)” (p. 141).

He seems to be hinting to what is claimed by many – the R. Yitzchok Elchanan was greatly influenced by his secretary, R. Yaakov Lifshitz. For examples, see Yaakov Mark’s work: Bemechitzasam Shel Gedolei Hador (p. 102), where he reports such a confession from R. Yaakov Lifshitz himself. (See also Nathan Kamenetsky, Making of a Gadol, pp. 458-463). However, interestingly enough, there is a letter in regard to another issue, where R. Yitzchak Elchanan himself writes:

“I have been a Rav for tens of years authored thousands of teshuvos on every area of halakha to inquires from all over the world and in regard to many areas relating to the zibur and no one has ever questioned that I was not going according to my own mind and it’s a great chutzpah to say publicly that I have no da’at and people in my household use me!”

(Iggerot R’ Yitzchok Elchanan Spector, vol. 1 pp. 59-60 [2]). Another interesting letter included is against Zionism (pp. 139-140) and R. Epstein’s defense of the Mussar movement (pp. 132-136).

After each piece throughout the sefer R. Horowitz writes its exact source. I personally find this method much more user friendly than other similar works where they include this material in the back of the sefer which many times confuses the reader.

The volume ends off with a short biography of R. Epstein. The only point of criticism on the biography is that not enough credit is given to the sources. One of the sources is R. Meir Bar-Ilan, a nephew of the Arukh HaShulhan, who is only mentioned in one footnote, but should have been mentioned in many more.

In sum this is a beautifully presented volume of the writings of the R. Epstein and is well worth adding to one’s collection.

Notes:
[1] See generally, E.E. Aurbach, Ba’alei HaTosefot, 80-91; Y. Felix, “Sefer haYashar l’Rabbenu Ya’akov ben Meir,” Sinai, 39 (1956): 52-61, 106-15, 172-83, 224-39.
[2] It is possible that R. Yaakov Lifshitz actually authored this letter.

A new sefer just reached the seforim stores today, just in time for the three weeks. The newest volume of Chazon Ovadiah of the great gaon Rav Ovadiah Yosef. This sefer includes halakhot on a few areas: the halakhot of the Four Fasts, the Three Weeks (& Nine Days), Tisha B’Av, and halakhot related to Zekher le-Hurban, including going to the Kotel, etc. In the back there are hespedim which Rav Ovadiah delivered for various Gedolim amongst them R. Yitzchak Herzog, R. Zvi Pesach Frank and R. Shlomo Zalman Auerbach. Chazon Ovadiah is 577 pages and includes a very thorough index.

In the past few years we have been privileged to a complete encyclopedic collection on all the Yom Tovim from Rav Ovadiah Yosef. It all started many years ago when he wrote a set of seforim called Chazon Ovadiah on Pesach related topics. These seforim received impressive haskamot from many gedolim, amongst them R. Tvi Pesach Frank and R. Shlomo Yosef Zevin. It appears that this particular project was put on hold and Rav Ovadiah turned his attention to printing his Sheelot u-Teshuvot. Then, a few years ago he started printing his shiurim and notes on the sefer Ben Ish Chai. This resulted in an eight volume set called Halikhot Olam. Finally, after all that, Rav Ovadiah returned to the Yom Tov series, Chazon Ovadiah, starting with Purim than Hilkhot Yom Tov. He then continued with Pesach, Succot, Yomim Noraim and Chanukah. Earlier this year, Tu B’Shevat and Hilkhot Berakhot were printed. Thus far, the set is eight massive volumes. One only hopes that Rav Ovadiah continues this set with Hilkhot Shabbat.

Amongst the reasons why I recommend this particular set of seforim, even if one is not of sefaradic origin is as follows: Rav Ovadiah Yosef is world famous for his unbelievable memory resulting in a tremendous bekiut. [I once joked that he must have had someone develop some computer program and attached it to his brain to help him retain so much information and recall it at all times.] When one uses this work, as with all of his other works, one can find hundred of sources from the Rishonim to extremely obscure Sheelot u-Teshuvot on virtually every topic related to the Yomim Tovim. He even quotes many, very recent seforim. He covers many sugyot quite comprehensively, whereas others Rav Ovadiah simply brings down a few sources. Besides for all this, one has literally hundreds of pesakim of a great gaon on all of these topics.

All this results in making it an excellent reference for Rabbanim, Maggedei shiurim, interested laymen, and any one interested in researching any topic related to the Yomim Tovim. From all the many seforim which are printed every year on the Yomim Tovim, the entire set of Hazon Ovadiah is by far the most impressive in terms of its sources and information.

One interesting point I found in this most recent volume of Chazon Ovadiah was that Rav Ovadiah mentions in the introduction that he uses the highly ‘controversial’ sefer Hemdat Yamim [see here for Dan Rabinowitz’s post on Tu B’Shvat]. Rav Ovadiah justifies his use of this sefer, as many great Sephardi gedolim have used this sefer, ever since it was printed, so although the R. Jacob Emden comes out very strongly against Hemdat Yamim, Rav Ovadiah still quotes from it.

In the history of Jews on the American continent, many are unaware that the first Jewish settlement in the Americas was not in North America, but instead South America. Specifically, the Brazilian city of Recife was the first formal Jewish community in the Americas. Recife, for a brief period of time, came under the control of the Dutch government. In 1630 they took Recife from the Portuguese, this event was key in establishing a Jewish community, as the Portuguese enforced the inquisition. The Dutch, however, did not, Amsterdam being a city where Marrano could return to Judaism.

When the Dutch took Recife, a Jewish community was established soon after, and eventual for the next 14 years, a the community flourished. There were two synagogues as well as all the trappings of a budding Jewish community – Rabbis, schools etc. The Rabbi of Recife was R. Isaac Aboab da Fonseca (his original surname is Aboab, but later in life he took his mother’s name Da Fonseca as well) – and Machon Yerushalayim has published some of his writings as well as historic documents relating to the Recife community – Kitvei Rabbenu Yitzhak Aboab (De Fonseca) – Hakhmei Recife v’Amsterdam (Machon Yerushalayim, 2007).

The earliest responsum relating to the Americas concerns the community of Recife. As Recife is in the southern hemisphere and their season are the opposite of those in the northern hemisphere, they asked if they should still say ve’ten tal u’mattar at the time it is normally said as it is not the correct season for them.

R. Aboab, a student of R. Isaac Uzziel, was then appointed to the position of hakham and became the assistant of R. Saul Morteira and eventually took his position as Chief Judge of the Amsterdam court. R. Aboab was successed by R. Yakkov Sassportas.

In 1641 R. Aboab was sent to Recife to become the rabbi and head of the Dutch community there. Although the community was doing well, other forces spelled the demise of the community. In 1646, the Portuguese attacked Recife and although initially they were held off, they eventually were successful in reconquering the city and the rest of Brazil. The Jews were given three months to evacuate or come under the inquisition. R. Aboab, and many others returned to Amsterdam. Other refugees went and established communities in the Caribbean while one group, went to then New Amsterdam (eventually New York) and became the first Jews in New York.

In this new book, there is an extensive introduction, by R. Yosef Veitman, the Chabad shaliach in São Paulo, which gives all the above history and more. R. Veitman has done extensive research and this shows throughout the work. The history is very detailed and the sources consulted — both traditional and academic — are quite extensive. The one minor criticism is his use of statements of the prior Lubavitch Rebbi to prove a point of history (see, e.g., p. 39 n. 19 – also see p. 73 n. 123 which, as R. Veitman recognizes is highly suspect), otherwise the research is very good.

Aside from providing a history of R. Aboab and Recife, this work contains Torah from R. Aboab. The most important is the Machberet Nishmat Hayyim. This work was originally in Porteguse, and has now been translated into Hebrew. It has previously been translated into English by Alexander Altmann, “Eternality of Punishment: A Theological Controversy Within the Amsterdam Rabbinate in the Thirties of the Seventeenth Century,’ in Publications of the American Academy of Jewish Research 40 (1972): 1-88, which R. Veitman used with permission. [1] This work dealt with what was a “hot” topic in Amsterdam at the time – whether there is such a thing as eternal damnation. This was very important as many Jews in Amsterdam had relatives in countries under the control of the inquisition and were “practicing” Christians. What would be their status – could their souls ever be redeemed?

R. Saul Morteira essentially said that there is such a thing as eternal damnation. R. Aboab disagreed and penned this work to explain his disagreement. This work has much broader implications for just the inquisition, but to any Jew who for whatever reason did not practice.

Both Nishmat Hayyim as well as R. Morteira’s comments are found in this new volume as well as extensive notes. (Also, R. Meneshe Klein, in his approbation has his own take on this issue.)

Aside from this work, the communal laws of Recife are included, as well as a poem R. Aboab wrote on the Portuguese siege of Recife. It is worth mentioning that R. Aboab did not abandon the Recife community when faced with the Portuguese attack, rather he stayed and ministered to the community during this time of need. There are other smaller Torah pieces (including on the Amsterdam eruv) as well as the teshuva discussing ve’ten tal mentioned above.

The work contains excellent footnotes throughout and all in all this is an excellent work, especially for one interested in either the philosophy of reward/punishment or American Jewish history.

I purchased the book from Biegeleisen in Boro Park (718-436-1165), and I assume in Israel, Machon Yerushalayim should have copies.

Note:
[1] Although Altmann published this already in 1974 the “new” Encyclopeadia doesn’t update the Cecil Roth entry on R. Aboab and still has that R. Aboab’s “work on reward and punishment entitled Nishmat Hayyim [has] not been published.” vol. 1 p. 269.

As was noted in a prior post, Prof. Daniel Sperber has published another book – Darkah shel Halakha Kiryat Nashim b’Torah. As the title implies the main focus of the book is to discuss the permissablity of women being called to the Torah. Much has already been written on the topic, however, Prof. Sperber’s focus is distinct. He focuses on two aspects (aside from other halachic considerations) kavod ha’briyot and more generally, how halakha has adapted over time. In his inimitable fashion he marshals terrific sources – the footnotes contain a treasure trove of material. It is especially interesting to see, for instance, R. Yissocher Frand and Prof. Michael Silber cited in the same footnote.

The book, however, is not limited to the narrower issue of women and Torah reading but instead, there is an extensive discussion throughout regarding changes which happened throughout history in the halakhic practice. To clarify any ambiguity Prof. Sperber includes an appendix listing many laws from the Shulhan Arukh which are no longer practiced in the same manner as advocated by the Shulhan Arukh. He also has chapters or appendixes devoted to specific instances [interestingly, he doesn’t mention the tosafot, Moed Katan, 21a, s.v. elu which appears to support his thesis] where there have been changes in practice, including inter alia menstruating women attending the synagogue, the Bat Mitzvah ceremony, and even the inclusion of an ezras nashim (women’s section) in the synagogue. In this last one, we are provided with a terrific history of architecture of synagogues from the Temple period onward.

There are, however, a few places where, Prof. Sperber is not as comprehensive as he is in some of his previous works. While these are a mere handful of footnotes, nevertheless it is worth noting. For instance, in a note he discusses the issue of blowing shofar when Rosh Hashanah falls on Shabbat. While his sources are rather impressive, he misses (on purpose perhaps?) the Mo’adim l’Simcha’s discussion [although he does mention an entire work on the topic which I was unaware – Shofar b’Rosh haShana sh’Chal L’hiyot b’Shabbat, by R. Menachem Bornstein]. Or where he discusses the historic evidence of whether it is permitted to read the newspaper on Shabbat he mentions the controversy about the translation of R. Barukh ha-Levi Epstein’s Mekor Barukh which states the Netziv read the paper on Shabbat. Prof. Sperber doesn’t mention that there is now a entire book devoted to the topic, R. Y. S. Bifus, Mikrayei Kodesh HaKiryah haMutteres ve’haAssurah b’Shabbat, Jerusalem, 2003 (122 pages) as well as Rabbi Dr. Jacob J. Schacter’s article “Facing the Truths of History,” Torah u-Madda Journal 8 (2000): 200-273 [PDF]. These are minor points and should not take away from the whole of the book.

Of course, the ultimate subject matter is the propriety of women and reading the Torah. In this area, Prof. Sperber is very convincing. Again, the sources used are wide ranging. Irrespective of one’s views on the topic, there is much to gain by this book. In fact, whether one is even interested in the particular topic of women and Torah reading is really no matter, this book is worthwhile reading.

The book can be purchased at Biegeleisen books in the US, or it is published by, and can be obtained from, Rubin Mass in Israel.