Post-Mosaic Additions to the Torah?

Post-Mosaic Additions to the Torah?

Marc B. Shapiro

In his post here, Ben Zion Katz deals with medieval rabbinic views regarding post-Mosaic additions to the Torah. Katz refers to The Limits of Orthodox Theology, and I have mentioned many additional sources in Seforim Blog posts. (A couple of people have commented that in a few recent publications on this topic it seems that the authors used my writings without any acknowledgment. I would only say that I don’t have a copyright on any sources. Once I discuss the sources publicly, then anyone is free to make use of them. It would, however, be appropriate for these authors to at least mention my book and posts if that is how they learned of these sources.)

In Limits, pp 109-110, I mention that the Tosafist R. Avigdor Katz cites interpretations found in R. Judah he-Hasid’s commentary to the Torah both with regard to post-Mosaic additions to the Torah and about material being removed from the Torah and placed in the book of Psalms. (While R. Avigdor only refers to one chapter [Psalm 136] being removed from the Torah, R. Judah he-Hasid speaks of this and all other anonymous Psalms written by Moses.) R. Avigdor does not mention R. Judah he-Hasid, and regarding the removal of the chapter from the Torah and placing it in the book of Psalms, before citing this interpretation he states, “I have heard.” Thus, I think it is fair to say that the “critical” interpretations he mentions were “in the air.”

H. J. Zimmels published the two passages from R. Avigdor just mentioned,[1] but there is another comment that appears as a note to R. Avigdor’s manuscript. It has recently been published by Miriam Weitman,[2] and states:

וישם את אפרים לפני מנשה פי‘ לא על יעקב אמ‘, אל‘ משה רבינ‘ שם ראש דגל אפרי‘ לפני מנשה בעבור שיעקב אמ‘ ואחיו הקטן יגדל ממנוויהושע או אנשי כנסת הגדול‘ כתבודאי משה כתבו אם היה לו [צל היה לו לומראני שמתי כמו שאומ‘ אחרכ‘ ואני נתתי לך שכם אחד על אחיך

This interpretation, speaking of a post-Mosaic addition to the Torah, is also found in R. Judah he-Hasid’s commentary. 

In a previous post, available here, I mentioned R. Shlomo Fisher’s rejection of R. Moshe Feinstein’s view that R. Judah he-Hasid’s “biblical criticism” is a forgery. As R. Fisher put it, R. Moshe assumed that R. Judah he-Hasid has to accept Maimonides’ Principles, but that is not the case, and when it comes to the issue of complete Mosaic authorship, R. Judah he-Hasid disagrees with Maimonides. R. Uri Sherki has apparently also discussed this matter with R. Fisher, as he cites R. Fisher as stating that the issue of whether post-Mosaic additions are religiously objectionable is a dispute between the medieval Ashkenazic and Sephardic sages. See here.

What this means is that in medieval Ashkenaz it was not regarded as heretical to posit post-Mosaic additions, while the opposite was the case in the Sephardic world (and this would explain why Ibn Ezra could only hint to his view). I am skeptical of this point, particularly because Ibn Ezra’s secrets are, in fact, explained openly by people who lived in the Sephardic world.[3] Yet Haym Soloveitchik has also recently made same point, and pointed to differences between Jews living in the Christian and Muslim worlds. His argument is that since medieval Ashkenazic Jews were not confronted with a theological challenge of the sort Jews had to deal with in the Islamic world, where Jews were accused of altering the text of the Pentateuch, there was no assumption in medieval Ashkenazic Europe that belief in what we know as Maimonides’ Eighth Principle was a binding doctrine of faith.

Here is some of what Soloveitchik writes (the emphasis does not appear in the original):

One tanna had stated, simply and with no ado, that the last eight verses were of Divine origin but not of Mosaic authorship, and R. Yehudah he-Hasid added that there were several more verses that were not penned by Moses. Was such a position seen as being thoroughly mistaken? Most probably. Was it viewed as odd and non-conformist? Undoubtedly; though hardly more eccentric than R. Yehudah’s view that King David, to flesh out his book of Psalms, lifted from the text of the “original” Pentateuch many anonymous “psalms” that Moses had penned! Were these strange and misguided views, however, perceived as being in any way heretical or even dangerous? At that time and place, certainly not. They contained no concession to the surrounding culture, opened no Pandora’s Box of questions. Indeed, one can take the religious temperature of R. Yehudah he-Hasid’s explanation by the matter of fact way European medieval commentators (rishonim) treated the passages in Menahot and Bava Batra where the tannaitic dictum of Joshua’s authorship is brought.[4] In their world, these words did not abut any slippery slope of a “documentary hypothesis” or of “Jewish forgery”. No need, therefore, to reinterpret this passage or to forfend any untoward implications. What concerned R. Yehudah he-Hasid’s contemporaries, the Tosafists, in this statement were its practical halakhic implications for the Sabbath Torah readings, not its theological or dogmatic ones, for to them, as to R. Yehudah, there were none.[5] 

One of the biggest theological changes in Orthodoxy in the last decades—perhaps the sources collected in Limits were significant in this regard—is the acknowledgment that asserting limited post-Mosaic additions to the Torah is not to be regarded as heretical.[6] In Limits and subsequent blog posts I have recorded around thirty-five rishonim and aharonim who claim that Ibn Ezra believed in post-Mosaic additions. When you throw in R. Judah he-Hasid, R. Avigdor Katz, R. Menahem Tziyoni, and other sources I referred to in Limits, it is hard to convince people this is a heretical position, despite what Maimonides’ Eighth Principle states. It is also hard to convince them that this matter has been “decided” in accordance with Maimonides’ view. R. Mordechai Breuer states flatly that the legitimacy of Ibn Ezra’s opinion cannot be denied.[7] 

אין אני יודעאם רוח חכמים נוחה מהדברים האלהמכל מקום הם יצאו מפי אבן עזראושוב לא נוכל לשלול את הלגיטימיות שלהם

Yet fifty years ago, speaking about these opinions would have been regarded as incredibly controversial, if not heretical in many eyes. Today, it seems like it is no big deal, and I have in mind not just Modern Orthodox circles but in the intellectual haredi world as well. It is significant that it its affirmation of Torah mi-Sinai, the Rabbinical Council of America did not deny the existence of views that speak of small additions to the Torah, but instead noted the great difference between these views and modern critical approaches. Here is the relevant paragraph (the entire statement can be seen here).

When critical approaches to the Torah’s authorship first arose, every Orthodox rabbinic figure recognized that they strike at the heart of the classical Jewish faith. Whatever weight one assigns to a small number of remarks by medieval figures regarding the later addition of a few scattered phrases, there is a chasm between them and the position that large swaths of the Torah were written later – all the more so when that position asserts that virtually the entire Torah was written by several authors who, in their ignorance, regularly provided erroneous information and generated genuine, irreconcilable contradictions. Beyond a shadow of a doubt, none of the above mentioned figures would have regarded such a position as falling within the framework of authentic Judaism

Without getting into the content of this statement which I believe is generally correct,[8] what is important for our purposes is that I do not believe such a statement would have been issued even fifty years ago, as it acknowledges the existence of “remarks by medieval figures” that are at odds with  Maimonides’ Eighth Principle.[9] 

What are we to make of the approach to Torah mi-Sinai in R. Judah he-Hasid’s “school”? Weitman suggests a few possibilities, one of which is that they believed in the existence of a “continuing revelation,” namely, that the Torah continued to be revealed even after the initial revelation to Moses. This would be an extension of the talmudic view that the last eight verses of the Torah were written by Joshua. While some might find this approach quite provocative, I think it is actually the meaning not just of R. Judah’s “school” but of Ibn Ezra and pretty much everyone who believed in intentional post-Mosaic additions. That is, they believed that these were added by prophets, as they would have regarded as completely unacceptable, indeed heretical, the notion that the Torah contains non-prophetic verses.

One of the most important sources in this matter is R. Judah he-Hasid, as he is a universally recognized rishon who pointed to post-Mosaic additions. Not surprisingly, his opinion is often quoted, and the censorship of his commentary has also been widely discussed. R. Judah he-Hasid’s words have been read in the exact same way by the greatest Torah scholars as well as the greatest academic scholars, and yet, what if everyone is mistaken? This is the claim of Eran Viezel, who in a recent article has argued that the passages in R. Judah he-Hasid’s commentary that point to post-Mosaic additions were actually written by R. Judah he-Hasid’s son, R. Moses Zaltman, a figure who does not have the religious authority of his famous father.[10] Since Viezel feels that he has removed the veil of “Bible critic” from R. Judah he-Hasid, he also wonders if R. Moses, and not R. Judah he-Hasid, should be identified as the source of the claim that texts were removed from the Pentateuch and placed in the Psalms. In this case, however, he acknowledges that there is no evidence to support his suggestion.

I have gone through Viezel’s arguments, and while I agree that it seems that R. Moses is the author of the “critical” comment to Leviticus 2:13, I don’t see this when it comes to the other passages. More importantly, none of the scholars I have consulted in this matter accept Viezel’s argument, so I don’t think we need to revise all the discussions about R. Judah he-Hasid and substitute his son, R. Moses. I would also add that it is precisely the other two passages in R. Judah he-Hasid’s commentary that speak of post-Mosaic additions, as well as the passage that speaks of Psalms being removed from the Torah, that appear as well in R. Avigdor Katz’s commentary (with the difference noted above that R. Avigdor only speaks of one Psalm having been removed). In other words, what we have here is not some radical individual view advocated by R. Moses, but a position that was shared by others and no doubt well known.

It is noteworthy that while earlier editions of Otzar haChochma included the censored version of R. Judah he-Hasid’s commentary, the current edition includes the uncensored text. Otzar haChochma is careful not to include anything heretical on its site, so this can be seen as a “koshering,” as it were, of the uncensored commentary of R. Judah he-Hasid. Also significant is that in the new Otzar ha-Rishonim on Torah, two of the four “critical” comments in R. Judah he-Hasid’s commentary are included (Lev. 2:13, Deut. 2:8). Here is the page that includes the commentary to Deuteronomy 2:8.

As far as I know, no one has placed the Otzar ha-Rishonim in herem for including R. Judah he-Hasid’s comments. 

There is one other thing that is noteworthy about this edition of the Humash. Here is a page where you can see something called Targum Yerushalmi ha-Shalem.

This is not found in the regular Mikraot Gedolot Humash. There you only have a fragmentary Targum Yerushalmi. In academic circles, the complete Targum Yerushalmi is known as Targum Neofiti, and it was only discovered in 1949. You can read about it in Wikipedia here. The Wikipedia entry states that Neofiti is “the most important of the Palestinian Targumim, as it is by far the most complete of the Western Targumim and perhaps the earliest as well.”[11] 

Returning to Viezel, I want to now offer  some valuable information which in my opinion not only shows that Viezel’s argument is lacking, but is significant in its own right. From this point on, when speaking of important medieval Ashkenazic sages who believed that there are post-Mosaic additions in the Torah, in addition to R. Judah he-Hasid and R. Avigdor Katz, we have to add R. Judah he-Hasid’s student, the great R. Elazar of Worms. This at least is Amos Geula’s identification of the author of an unpublished medieval commentary on the Torah, and for the purposes of this post I will assume Geula is correct.[[12] 

In his commentary to Genesis 36:1, R. Elazar writes:[13] 

ואלה המלכים [בראשית לולאלפי הפשט עזרא כתב ואלה המלכים עד שאולאו משה כתבו ברוח הקדשכבלעם שכתב מעשה אגג ומשיח . . . לפני מלוך מלך בישר[אל] אילו המלכים מלכו קודם שאול המלך כי כשהומלך שאול הכניע אדום כי נלחם באדום ובעמלק עד זמן יהורם שכת‘ ומלך אין באדום נצב מלך [מלא כבמח] . . . ואלה שמות אלופי (אדום) [עשו] [ברלוממזמן שאול עד יהורם

אלה המלכים המלכים היו קודם האלופים שהרי מנה אותם תחילהאלופים [מלכיםאילו קודם שמלך דוד שנ‘ לפני מלוך מלך לבני ישר[אלואין לך לומר לפני משה שהרי לא מצינו שמלך משהואין לומר ויהי בישורון מלך [דב‘ לג,המשה

R. Elazar explains that according to the peshat, Genesis 36:31-39, which gives the list of kings “that reigned in the land of Edom, before there reigned any king over the children of Israel,” was written by Ezra. He offers another suggestion that Moses wrote this prophetically, but as you can see from the rest of his comment, this is not the approach he adopts, as he assumes that these verses, as well as Genesis 36:40-43, are post-Mosaic.

This interpretation is already found in R. Judah he-Hasid and R. Avigdor Katz, who think that these verses were written in the days of Anshei Keneset ha-Gedolah. According to a medieval Tosafist collection of Torah commentaries, this view was also held by R. Samuel ben Meir (Rashbam).[[14] It is thus obvious that this was a common interpretation in medieval Ashkenaz, and as more medieval manuscripts are published we will no doubt find more such “critical” interpretations.

As Geula notes, in the published version of R. Elazar Rokeah’s commentary on the Torah,[15] which was apparently written not by him but by one of his students,[16] we also find the view that Genesis 36:40-43, in addition to Genesis 36: 31-39, are post-Mosaic.

הרי אילו יא אלופים היו בימי ח‘ מלכי ישראל לכן נקרא אלוף תמנע כי מנעו מהםמלך אין באדום נצב מלך (מלכים א כבמחכנגדם העמידו ישראל יא שפטים יהושע עד שמואלובימי השפטים העמידו מלכים באדום

From all we have seen of how members of this “school” explained this chapter of Genesis, it is clear that this commentary does not mean that the names of the chiefs or the kings were written prophetically.

Another comment from R. Elazar pointing to a post-Mosaic addition is on Genesis 47:26: “And Joseph made it a statute concerning the land of Egypt unto this day, that Pharaoh should have the fifth.” This refers to the produce given in Egypt to the Pharaoh. But what do the words “unto this day” mean? R. Elazar sees these words as a post-Mosaic addition.[17] 

ושם אתה יוסף לחוק למשפטעד היום הזה עד שהגלה נבוכד נצר [!] ובימי משה שכתב את התורה עדיין היה חוק

On this verse, R. Menahem ben Solomon (12th century), in his Midrash Sekhel Tov,[18] writes:

עד היום הזה אלו דברי הסדרן

Geula understands the “sadran” to be a post-Mosaic author, and at first glance this would seem to make the most sense. However, Richard C. Steiner has studied the use of the term “sadran” in various medieval works, and he believes that it could also be used with reference to Moses.[19] 

Returning to R. Elazar of Worms’ commentary, we find something interesting in the manuscript, although we have no way of knowing what the original text was.[20] The copyist wrote:

וכתב שדהו במשנה תורה [דב‘ היחלפי שכבר סמוך שייכנסו לארץ [וי]היה להם שדות

However, this was corrected to read:

לפי שכבר נכנסו לארץ והיה להם שדות

The question is why in the version of the Ten Commandments in Deuteronomy 5:18, in the commandment against coveting, does it include coveting your neighbor’s field while this point is missing from the Ten Commandments in Exodus 20:13. According to the second reading in the manuscript, the word שדהו was added after the Israelites entered the Land of Israel. Geula rightly asks, was this a “correction” of a reader of the manuscript, or was he returning the text to its original form?

With all the evidence that we now have, and as mentioned more will no doubt be forthcoming as additional manuscripts are published, it is clear that the viewpoint that there are limited post-Mosaic additions in the Torah was considered acceptable in medieval Ashkenaz (and thus it is hard to see how it can be regarded as an unacceptable view today[21]).

Regarding R. Judah he-Hasid, the following is also worth noting. Here is his commentary to Deuteronomy 2:8.

In the middle we see the following words:

שהוא נמצא כמו מרשיילא או פנדייא שעוברים דרך שם לעכבו כך לא היו יכולין לילך אחר הזהב אם לא היו באין לעציון גבר מתחילה

What does לעכבו mean? Viezel translates as follows: “For it was located like Marseille or Pontoise [place names], as a way station en route [to the gold] so that they were not able to go after the gold unless they came to Etzion Geber first.” (His identification of פנדייא as Pontoise must be correct, and in medieval times Pointoise was an important commercial center.)

Zev Farber in his article here translates the passage as follows: “For it is situated like Marseilles or Pandaya[22] such that people must pass through there to stop in, so that they could not get to the gold if they did not stop first in Etzion-geber.”

I have underlined the words that Viezel and Farber use as translations of לעכבו. Yet both of them overlooked what I pointed out in Limits, p. 109 n. 136, that the parallel text of R. Avigdor Katz allows us to see that the word לעכבו is a mistake and it should actually read לעכו, “to Acre”, which for almost two hundred years was part of the Crusader Kingdom of Jerusalem.[23] Now the passage makes perfect sense.

Let me make three final comments about the text of the Torah.

A. In Limits I discussed those who understand Tikkun Soferim literally. To the list of the authorities I mention, we can add R. Pesah Finfer,[24] R. Isidore Epstein, and R. Joseph Messas.


R. Finfer was a dayan in Vilna and considered the expert on masoretic matters in Lithuania.[25] In his Masoret ha-Torah ve-ha-Nevi’im (Vilna, 1906), p. 6, he writes:

ראוי הי‘ עזרא שתנתן התורה על ידו . . . והוא ונחמי‘ עשו תיקון סופרים וכינויי סופרים.

R. Epstein, Judaism (Baltimore, 1959), pp. 195-196, writes:

The spiritualization of the conception of God is reflected already in certain changes known as Tikkune Soferim (Corrections of the Scribes), which, ascribed to Ezra, were introduced into the Biblical text in order to tone down certain anthropomorphic expressions.

R. Messas, Minhat Yosef (Jerusalem, 2012), vol. 4, p. 40, writes:

וזה אחד מתקוני סופרים בתורה לכנוי ולתקון לשון עכ”ל. ענין זה מפורש בתנחומא פרשת בשלח על הכתוב וברוב גאונך, ובעץ יוסף שם, ובערוך ערך כבד . . . והעולה מכלם הוא, כי בי”ח מקומות בתנ”ך תקנו הסופרים שהם אנשי כנה”ג איזה תקונים בהם

B. One of the greatest Moroccan rabbis of the last two hundred years was R. Raphael Berdugo (1747-1821), known as המלאך, who wrote important responsa and biblical and talmudic commentaries. In his Mesamhei Lev on Joshua, chapter 5, R. Berdugo calls attention to verse 12 which shows us that even after entering the Land of Canaan, the Israelites were still fed for a time with manna. “And the manna ceased on the morrow, after they had eaten of the produce of the land; neither had the children of Israel manna any more; but they did eat of the fruit of the land of Canaan that year.”

R. Berdugo points out that Exodus 16:35 states: “And the children of Israel did eat the manna forty years, until they came to a land inhabited; they did eat the manna, until they came unto the borders of the land of Canaan.” The problem is obvious. The verse in Exodus is written from the perspective of when the Israelites were no longer eating the manna, yet we see from the book of Joshua that they continued eating the manna even after Moses’ death. So who wrote the verse in Exodus?

R. Berdugo acknowledges that one can say that it was prophetically written by Moses. Yet he doesn’t think that this makes sense, namely, to write a verse prophetically so that it appears to be written about an event that happened in the past. Therefore, he says that Joshua wrote the verse. It seems that that this does not raise any theological issues for him, and he compares it to the dispute about the last eight verses in the Torah where one tanna holds that Joshua wrote these verses because they refer to events after Moses’ death. Here, too, R. Berdugo states that since the verse refers to something that took place after Moses’ death, it makes sense to say that it was written by Joshua.[26] 

ויאכלו מעבור הארץ ולא היה עוד לבני ישראל מן וגומשמע שאחר שבאו לארץ כנען היו אוכלים מןומש בתורה את המן אכלו עד בואם אל קצה ארץ כנען הוא סמוך ליריחו אחר מות מרעהואכ צע מי כתב אותו פסוק בתורהואף כי אין מעצור לומר כי מרעה כתב זה ברוח קדשו ידע העתידות ושישראל יאכלו המן אחר מותו מכל מקום לשכל קשה זה וכש שיאמר אותם בלשון שכבר נעשוולכן העיקר שיהושע כתבו אחרי מות מרעהוכן מצאנו שנחלקו רזל בפסוק וימת שםשר‘ יוסי אמר שיהושע כתבו וכו‘.

Also of interest is R. Berdugo’s comment to Deuteronomy 34:10, where in speaking about verses at the end of the Torah written after Moses’ death, he attributes them to כותבי התורה rather than just to Joshua.[27] 

C. In the very interesting book, Derekh Sihah, which records conversations with R. Hayyim Kanievsky, the following questions and answers appear (vol. 1, pp. 323- 324):

שאלה: באור החיים הק‘ (לדכטכתב ממדרש שקרני ההוד נעשו עי שיור הדיו שנתן על ראשווהכוונה כי משה מרוב ענוה לא כתב והאיש משה עניו עם יודולכן נשאר דיווזה פלא וכי כתב איך שירצההרי כל אות היתה בנבואה

תשובה: כיוצא בזה כתב בעל הטורים (ריש ספר ויקראשכתוב אלף זעיראכי רצה משה לכתוב ויקר“, אמר לו הקבה כתוב עם אלףאבל ממ כתב אותה בזעיראוכנראה שזה לא נמסר לו איך לכתוב.

שאלה: שאלתי להרב שליטא עד דברי האור החיים” הק‘ שכתב כי קרני הוד של משה משיירי קולמוסשהיה צריך לכתוב עניו” עם יודוכתב בלא יודוכי זה נתון לדעתוואמר הרב שלא אמרו לו כיצד לכתובוחזינן שאמרו רק התוכןוגם כאן כן הוא.

תשובה: שם זה היה על התיבה הזאת בלבד שלא אמרו לו איך לכתובאבל פעם שאלתי מהגר גדליה נדל שליטא שרואים בחזל טענות על נביאים כיצד אמרו בלשון מסוייםכגון במסכת פסחים (סוב‘) כל המתייהר אם נביא וכו‘ מדבורה דכתיב חדלו וכו‘, וזה היה בנבואהוכן במסכת מגילה ידב‘ “כרכושתא כתיב בה אמרו לאיש ולא אמרה אמרו למלך“, ושם מלכים (ב‘ כבטוכתוב כה אמר ה‘, חזינן מזה שיש פעמים שהשאירו הבחירה ביד הנביא אלו תיבות לומר

R. Kanievsky states that Moses on his own decided to leave out the yud in the word ענו in Numbers 12:3. R. Kanievsky supports this position with the comment of the Baal ha-Turim on Leviticus 1:1 who states that Moses on his own wrote the final aleph in the word ויקרא in small print. (I did not cite this comment of Ba’al ha-Turim in Limits, as I don’t see it as in opposition to Maimonides’ Eighth Principle. The Principle speaks of the letters of the Torah themselves, not whether they are regular size or small.[28]

Despite the citation of Ba’al ha-Turim, I am sure that some will regard R. Kanievsky’s position as inappropriate, or even in opposition to the Eighth Principle which states that the entire Torah found in our hands is of divine origin, for R. Kanievsky states that Moses had the authority to determine if the word ענו should be written with a yud or not.[29] It is true that in the Mishneh Torah, Hilkhot Teshuvah 3:8, Maimonides defines a heretic as “One who says that the Torah, even one verse or one word, is not from God.” Maimonides here does not include one who says that a single letter is not from God. However, in the Eighth Principle he does not make such a distinction. Presumably, R. Kanievsky would say that the words of the Eighth Principle must be understood in line with what appears in the Mishneh Torah. Nevertheless, it is significant that R. Kanievsky regards as theologically legitimate the notion that Moses independently determined how a word in the Torah should be written, as the standard view is that all such matters were determined by divine command.

R. Kanievsky further supports his position with a striking insight. He points to Pesahim 66b and Megillah 14b where statements of Deborah and Hulda are criticized by the Sages for being boastful. Yet both these statements are actually part of a prophecy, so how could the Sages find problems with these words if they came from God? R. Kanievsky concludes from this that while the prophetic message comes from God, there are times when the actual words originate in the prophet’s mind, and this explains how the Sages can regard these words as problematic. Although Moses’ prophetic level was above that of all other prophets, R. Kanievsky believes that on at least one occasion Moses was allowed to choose how a word in the Torah was written.

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My Torah in Motion classes are now being placed on Youtube. Those who are interested can view them here.

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[1] Abhandlungen zur Erinnerung an Hirsch Perez Chajes (Vienna, 1933), pp. 259, 261.

[2] “Hedei Parshanuto shel Rabbi Yehudah he-Hasid be-Kitvei Talmidav – Hemshekh Mul Tzimtzum,” Megadim 55 (2014), p. p. 77.

[3] In Limits and subsequent blog posts I listed numerous rishonim and aharonim who understood Ibn Ezra’s hints to mean that there are post-Mosaic additions in the Torah.  Here is another important text, a comment by Tosafot (Tosafot ha-Shalem, ed. Gellis, to Gen. 12:6 [p. 14]:

והכנעני אז בארץ . . . ואם איננו כן יש לו סודכי כוונתו שזה לא כתבו משה אך נכתב אחר שנכבשהוכן דעתו בהרבה פסוקים

Tosafot rejects this opinion, stating:

ואנחנו לא ניאות בזה הדעת שכל התורה כתבה משה מפי ה’ בלא חילוק ושנוי

It is significant that Tosafot does not refer to Ibn Ezra’s interpretation as heretical. For another source that assumes that Ibn Ezra believed that there are post-Mosaic additions in the Torah, see R. Aharon Friedman, Be-Har ha-Shem Yeraeh (Kerem be-Yavneh, 2009), p. 30.

[4] I am aware of no evidence that the rishonim in the Islamic world interpreted these passages in a fundamentally different way than the Ashkenazic rishonim. As noted in Limits,  pp. 104-105, R. Joseph Ibn Migash openly accepted the viewpoint that Joshua wrote the last eight verses of the Torah. One point which I did not make in Limits is that while the Talmud attributes to individual tannaim the view that the last eight verses in the Torah were written by Joshua, in Sifrei, Devarim, piska 357, this opinion is cited anonymously, apparently signifying that it is the view of the Sages as a whole, which is then challenged by R. Meir.

וימת שם משה איפשר שמת משה וכותב וימת שם משה אלא עד כאן כתב משה מיכן ואילך כתב יהושע רבי מאיר אומר הרי הוא אומר ויכתוב משה את התורה הזאת איפשר שנתן משה את התורה כשהיא חסירה אפילו אות אחת . . .

See Nahum Bruell in Beit Talmud 2 (1881), p. 15.

[5] “Two Notes on the Commentary on the Torah of R. Yehudah he-Hasid,” in Michael A. Shmidman, ed. Turim (New York, 2008), pp. 245-246. Ephraim Kanarfogel, The Intellectual History and Rabbinic Culture of Medieval Ashkenaz (Detroit, 2013), p. 32, writes: “The availability of this kind of interpretational freedom and variety also allowed Hasidei Ashkenaz to be comfortable with Ibn Ezra’s stipulation of verses that may have been added to the Torah after the revelation at Sinai.”

[6] See my “Is Modern Orthodoxy Moving Towards an Acceptance of Biblical Criticism?” Modern Judaism 37 (May 2017), pp. 1-29, where I also discuss Modern Orthodox thinkers who go beyond this and have accepted the assumptions of modern biblical scholarship regarding source criticism. See also my post here. In my article, I neglected to mention R. Michael Abraham who also sees no religious objection to post-Mosaic additions to the Torah, or even that the Torah is composed from different sources (as posited by the Documentary Hypothesis). See herehereherehere, and here.

[7] Shitat ha-Behinot” shel ha-Rav Mordechai Breuer, ed. Yosef Ofer (Alon Shevut, 2005), p. 311. The standard view is that Ibn Ezra believed that the post-Mosaic additions are from later prophets, but R. Breuer seems to understand Ibn Ezra to mean that these additions are simply readers’ notes, which would not be prophetic (p. 312):

והואיל ואין כל ודאותשנוסח הרוב הוא גם הנוסח הנכוןכבר אפשרי הדבר שספר התורה שבידינו כולל דברים שנוספו לו אחר כך על ידי סופרים טועיםאך מעולם לא היו בספר שנמסר למשה מפי הגבורה.

והאמור בטעויות סופרים אמור גם בתוספות של תלמידיםשהרי הדבר ידועשדרכם של קוראים להוסיף את הערותיהם בגיליון הספר – ואחר כך באים תלמידים טועים” ומוסיפים את ההערות האלה בגופו של הספרואין לך ספר שאיננו כולל הוספות או גלוסות כאלהואבן עזרא סבורכנראהשגם ספר התורה לא יצא מכלל זהוהוא כולל אפוא גם דברים שלא נכתבו על ידי מחבר הספראלא נוספו לו אחר כך על ידי הלומדיםאבל מובן מאליושהוא יכול היה לומר את הדבר הזה רק על אותם מקומות מועטיםשתוכנם מעיד עליהם שהם הוספות מאוחרות.

[8] I say “generally correct” because the assumption that medieval figures only referred to “the later addition of a few scattered phrases” is not accurate if one includes explanations offered by commentaries on Ibn Ezra. In this post as well I give examples which refer to more than a few scattered phrases”

[9] R. Yehoshua Enbal, who often presents original perspectives, has a very strange passage in his Torah she-Ba’al Peh (Jerusalem, 2015), p. 685:

הטענה שכל התורה שבידינו היא המסורה למשה רבינו עליו השלום“, אינה באה בנימוק הגיוני שלא יתכן שאירעה איזו טעות בימי יהושע בן נון ונוספה אות ו‘ באיזו מלהכאשר בזמן משה לא היתה קיימת אות זוטכנית אולי הדבר ייתכןואף יש חילופי נוסח זעומים בפועל בין העדותאלא שמי שמחזיק בדעה כזועם כל הכבוד וההערכהוהנימוקים ההגיוניים שאולי יצרף לדבריואינו חלק מהדת שלנושכן ויתור על אות אחתהינו ויתור על הטקסט כולושאינו אלא סך של אותיות.  אם נוותר על א‘ ועל ב‘ ועל ג‘, איננו מאמינים בכלוםהקישור בין כלל זה לבין נימוק הגיונימעקר את הכללאין העיקר קובע שהגיוני מאד שלא אירע שום שינוי ואף מנסה לשכנע אותנושכן נימוק הגיוני אין כחו יפה בהכרח כנגד נימוקים שיבואו מולואו מחקרים אחרים שיבואו ביום מן הימיםהעיקר קובע שרירותית את גבולות הדתהדת מוקירה ומעריכה כל שימוש בהגיוןואף יכולה להביע הערכה להברקות מקוריותאבל המחזיק בדעה שלא כל התורה מפי הגבורהחוצה פורמלית את הגבול שבין דת להעידרה.

R. Enbal’s declaration that one who expresses doubt about the authenticity of a vav in the Masoretic text is to be regarded as a heretic cannot be taken seriously, especially as he himself notes, there are differences in this regard between different communities. In fact, before the printing press, there were widespread variations among Torah scrolls when it came to minor spelling differences, and the Talmud, Midrash, and medieval commentators often preserve different readings than the Masoretic text. See Limits, ch. 7. And what is one to make of his statement that העיקר קובע שרירותית את גבולות הדת? Principles of faith are to be determined arbitrarily without regard for truth? Earlier on the page he writes (emphasis added):

באוקיינוס של דעות מתפשטותשהתחיל כבר בזמן הרמבםוכמובן בזמננומבלי גבול שרירותינישאר רק עם טקסט.וכמובן גם הטקסט עצמו זקוק להגנה שרירותיתשכן ניתן לטעון שחלקים ממנו אינם מקוריים.

I can’t imagine that this approach, which sounds like it comes from Isaiah Leibowitz, will find many backers. R. Breuer obviously had a different perspective. See “Shitat ha-Behinot” shel ha-Rav Mordechai Breuer, p. 74:

אף על פי שרק נוסח המסורה ראוי להיקרא נוסח המקרא” – שהרי רק הוא נתקבל על ידי ההלכה – עדיין רשאים אנחנו לשאול אם זהו גם הנוסח המקורי של המקרא

[10] Viezel, “R. Judah he-Hasid or R. Moshe Zaltman: Who Proposed that Torah Verses were Written After the Time of Moses?” Journal of Jewish Studies 66 (Spring, 2015), pp. 97-115.

[11] In R. Menahem M. Kasher’s Torah Shelemah, beginning with parashat Ki Tissa, vol. 2, this Targum is included. R. Kasher was very excited by the discovery of this Targum and wrote about it in a number of places, in particular in Torah Shelemah, vol. 24, which is devoted to the Targumim. One of the most fascinating points he makes is as follows (Torah Shelemah, vol. 24, pp. 22ff.).

Deut. 24:3 states: וכתב לה ספר כריתות. Each of the three Targumim translates this passage differently.

Onkelos: ויכתוב לה גט פטורין

Neofiti: ויכתוב לה אגרא דשיבוקין

Ps. Jonathan: ויכתוב לה ספר תירוכין

Mishnah, Gittin 9:3 states:

גּוּפוֹ שֶׁל גֵּטהֲרֵי אַתְּ מֻתֶּרֶת לְכָל אָדָםרַבִּי יְהוּדָה אוֹמֵרוְדֵין דְּיֶהֱוֵי לִיכִי מִנַּאי סֵפֶר תֵּרוּכִין וְאִגֶּרֶת שִׁבּוּקִין וְגֵט פִּטּוּרִיןלִמְהָךְ לְהִתְנְסָבָא לְכָל גְּבַר דְּתִצְבַּיִן

The Gemara offers no reason for the text of the get that R. Judah requires. Why would one need to repeat the same thing in three different ways? (Contemporary gittin differ from R. Judah’s text, but still include the three terms: פטרית ושבקית ותרוכית) Later rabbinic authorities offer all sorts of forced explanations for this. R. Betzalel Ashkenazi, She’elot u-Teshuvot, no. 21, writes:

גט פטורין כמו שתרגם אונקלוס על גט כריתות אבל תרוכין ושבוקין ושאר הדברים שהם דברי עצמו אשר לא כתוב בספר

R. Ashkenazi recognizes that the words גט פטורין appear in Onkelos, but he thinks the other two words are original to R. Judah. (This shows that R. Ashkenazi did not have access to Targum Ps. Jonathan).

According to R. Kasher, R. Judah was simply using the Targumim known to him. He required inclusion in the get of the three different words that explain the term כריתות so that everyone would understand its meaning. In other words, he was including every possible translation of כריתות that was prevalent among the Aramaic speaking Jews, and this would ensure that a get written this way would be accepted by all who used these Targumim.

[12] Geula, “‘Le-Fi ha-Peshat Ezra Katav . . . O Moshe Ketavo be-Ruah ha-Kodesh’: Hearot al Hibbur ha-Torah be-Ferush Hadash le-Torah mi-Ketav Yad Vatican,” in Avigdor Shinan and Yisrael Y. Huval, eds.,Divrei Hakhamim ve-Hidotam (Jerusalem, 2018), pp. 89-114.

[13] Geula, pp. 91, 92. The verse is cited as מלוך מלך instead of מְלָךְ, but that is to indicate the pronunciation, as the first lamed has a kamatz katan. We find examples of this in our text of the Talmud (although we would have to check manuscripts to see how far back this goes). For example, the word כּׄתֶל, if you put a suffix on it, the holam then becomes a kamatz katan:  כָּתְלנו, as we see in Song of Songs 2:9. Yet throughout the Talmud we find the form כּותליinstead of כָּתְלי. The same thing happens if you put a suffix on the word צׄרֶך. Thus, in II Chron. 4:15 we have צָרְכך not צורכך. In the Talmud, however, you have the form צורכי (as well as צרכי). This was noted by R. Bentzion Cohen, Sefat Emet ((Jerusalem, 1997), p. 167.

[14]  See the text published by Isaac Lange in Ha-Ma’yan 12 (Tamuz, 5732), p. 83.

[15] Perush ha-Rokeah al ha-Torah (Bnei Brak, 1979), p. 258; also in Tosafot ha-Shalem al ha-Torah, vol. 3, p. 287,

[16] See Geula, p. 90.

[17] Geula, p. 96.

[18] Ed. Buber (Berlin, 1900), p. 298.

[19] “A Jewish Theory of Biblical Redaction from Byzantium: Its Rabbinic Roots, Its Diffusion and Its Encounter with the Muslim Doctrine of Falsification,” Jewish Studies Internet Journal 2 (2003), pp. 123-167.

[20] Geula, p. 100.

[21] On the other hand, R. Zvi Yisrael Tau, Tzaddik be-Emunato Yihyeh, pp. 281-282, rejects the legitimacy of this opinion in favor of Maimonides’ principle. He further states that allowing such a view, that there are limited post-Mosaic additions, will open the door to all forms of Higher Criticism and the consequent rejection of Torah min ha-Shamayim. As such, he does not believe that future teachers should be exposed the views of Ibn Ezra, R. Judah he-Hasid, and the others we have discussed.

מדוע חשוב לו כל כך לומר את זהלמה כל כך חשוב למרצה הזה שהמורה העתידי יידע את זההתשובה היא כי אחרי שעוברים את המחסום הזהנעשים פתוחים לכל ביקורת המקרא ולכל הדעות האוניברסיטאיות.

[22] Farber’s note: I do not know what city פנדייא is or even how to transliterate it properly.

[23] See Abhandlungen zur Erinnerung an Hirsch Perez Chajes, 259.

[24] This is the proper spelling, not Pinfer. See Masoret ha-Torah ve-ha-Nevi’im, p. 119.

[25] R. Finfer wished to publish a Tanakh that would replace the Christian chapters we have become accustomed to with the Jewish divisions. In Masoret ha-Torah ve-ha-Nevi’im, p. 118, he published a letter from R. Elijah David Rabinowitz-Teomim agreeing with him in this matter and calling this a “mitzvah gedolah. However, it is reported that the Hazon Ish disagreed, as the Ein Mishpat on the Talmud refers to the Christian chapters, and we have become so attuned to this that any change now would cause more problems than it is worth. See R. Reuven Elitzur, Degel Mahaneh Reuven, p. 363. (The Hazon Ish was the older brother of R. Finfer’s son-in-law, R. Moses Karelitz.) R. Finfer had a small success in that Koren’s divisions are based on R. Finfer. See R. Eliyahu Katz, Be’er Eliyahu (n.p., 2002), p. 151.

R. Finfer reports that the Vilna Gaon brought back the practice of reading the haftarah from a scroll, and that this then spread throughout Lithuania. See Masoret ha-Torah ve-ha-Nevi’im, p. 114.

Also of interest is that it was R. Finfer who published the famous mysterious letter of the Vilna Gaon. Often reprinted, the letter first appeared in the Jerusalem journal Torah mi-Tziyon 3 (Tishrei 5658).

Regarding unknown materials from the Vilna Gaon, I recently found a letter from Shirley Feuerstein to Yaacov Herzog that I think readers will find of interest. It is located in the Yaacov Herzog Archives at the Israel State Archives, available here; old file no.: 4068/21-פ, new file no.: 000zl9r.

[26] Mesamhei Lev (Jerusalem, 1990), p. 296, called to my attention by Rabbi Yitzhak Churaqi. R. Berdugo offers a different perspective in his Mei Menuhot (Jerusalem, 2009), vol. 2, p. 917:

שלא יחובר לתורתו של משה רבינו ע”ה שום נבואה אחרת כללת כי מסלוק משה רבינו ע”ה נחתמה התורה . . . כי לא קם ולא יקום מי שיוסיף על התורה אפילו אות אחת

[27] Mesamhei Lev, p. 150.

[28] See Pithei TeshuvahYoreh Deah 274:7, who cites R. Jonah Landsofer, Benei YonahYoreh Deah 274:20,  that if a letter is mistakenly written large or small it does not disqualify the Torah scroll.

[29] See R. Nahum Abraham, Darkhei ha-Ma’amarim (n.p., 2017), pp. 146-147 (first pagination), who states that what appears in Derekh Sihah is heresy, and therefore he denies that R. Kanievsky could have said it. 




Summer 2020 Sale Announcement: Eight New (or newish) book recommendations

Summer 2020 Sale Announcement: Eight New (or newish) book recommendations

By Eliezer Brodt

Normally this time of the year I post to announce book week and to list out many of the seforim and books printed during the year. This year, due to Covid-19, there is no book fair. At this time there is “talk” of holding a fair in a few months, but who knows what the future will bring. Some publishing companies are currently running sales via their websites; others did not. What follows is a partial list of publishers on sale right now: Bialik, Bar-Ilan University Press, Magnes Press, Academy L’Lashon Haivrit, Mechon Shlomo Uman, Zichron Aron, Mechon Yerushalayim (catalog available upon request), and Ahavat Shalom (catalog available upon request). As in previous years I am offering a service, for a small fee to help one purchase seforim or Books from these sales. For more information about this email me at Eliezerbrodt@gmail.com

This post serves a dual purpose; by mentioning and describing a few, new, important works (some are brand new; others are not), the Seforim blog readership is made aware that they are out there. The second purpose of this post is to make particular seforim available for a limited time and at a special price to those interested in purchasing them through me. Part of the proceeds will be going to support the efforts of the Seforim Blog. Contact me at Eliezerbrodt@gmail.com for more information.

The first book I would like to mention is in English, titled Torah & Rationalism, Understanding Torah and the Mesorah – Writings of Rabbi Aaron Chaim Halevi Zimmerman (216 pp.).

This work was compiled and annotated by Rabbi Moshe Landy. It’s very well written and will certainly be enjoyed by readers. Of note is that this work includes his attacks on Chochmat Yisroel in general and specifically on Louis Ginsburg, G. Scholem and Leo Strauss.

Here is the table of contents.

משה ארנד, שבעים פנים לתורה, 747 עמודים

The second work I would like to mention is a collection of Professor Moshe Arend’s writings. Arend was a famous educator at various institutions and universities. He also wrote numerous articles and books, including a critical edition of R’ Yosef Kra on Iyov and a work on Rashi with Nechama Lebowitz (via Open University).

This new work is composed of a few parts (see the table of contents below). The first section is based on Shiurim he gave devoted to outlying the methods of fourteen different Rishonim and Achronim on Chumash. This part is 348 pages long and is a very valuable tool, as he was known as a master educator.

Other sections are devoted to education (including a section on how to properly teach Tanach) Aggadah, articles on Moadim, Teffilah and Minhaghim. It also includes some memoirs of his interesting life, and write ups of some people he knew. The work concludes with some interesting letters. This wide range collection of material was compiled by his son Dr. Aharon Arend and includes a thorough index to easily locate the numerous gems found throughout the book. Some sample pages are available upon request.

Here is the Table of contents and cover.

 

 

 

 

יצחק טברסקי, כמעיין המתגבר, הלכה ורוח ביצירת חכמי ימי הביניים, עורך: כרמי הורוביץ, מרכז זלמן שזר, 749 עמודים

The third work I would like to mention is the collection of all of Professor Yitzchak (Isadore) Twersky’s thirty-one articles, translated into Hebrew on a wide range of topics. As the original English articles have yet to be collected into one volume, this compilation serves an additional benefit. Many of these articles have been quoted, used and become classics in academic literature, and now for the first time many of them are easily accessible for the Hebrew reader. A PDF of the introduction is available upon request.

Here is the Table of contents and cover.

 

 

 

גנזי הירושלמי, יעקב זוסמן, בהשתתפות בנימין אליצור, בתוספת החיבור, שלמה נאה הערות ללשון קטעי הגניזה של התלמוד הירושלמי, 831 עמודים, בן צבי

The fourth important work I would like to mention is Ginzei HaYerushalmi from Professor Yaakov Sussman. This work collects all of the Yerushalmi manuscript fragments from the Cairo Geniza as well as collections from all over the world. The original plan was to include in this volume, Sussman’s discussions on the Yerushalmi, but due to his health that part of the project was cancelled. A PDF of the introduction and some sample pages are available upon request.

שרגא אברמסון, מחקרים בספרות הגאונים, מגנס, 488 עמודים

The fifth work I would like to mention is a collection of articles by Professor Shraga Abramson. As the abstract of this book states, Abramson was the most important scholar of his time in the field of Geonic literature and the teacher of most of the proceeding generation in this field of study. This book is the third collection of his studies pertaining to the Geonic period. The two previous volumes are considered mandatory for those interested in this formative and fascinating period. The current volume contains studies published in his lifetime but were not included in other compilations, as well as some unpublished studies found in his estate. The articles deal with various aspects of the Geonic literature. A PDF of the Table of contents & introduction are available upon request.

ספר המספיק לעובדי השם לראברהם בן הרמבם, מהדורה שניה מתוקנת, הוצאת אוניברסיטת בראילן, 358 עמודים

The sixth important work worth mentioning is the Sefer Hamaspik of R’ Avraham Maimuni, son of the Rambam. This part of the work was first printed in 1989 and is mostly of a Halachic nature, focusing on Tefilah. At the time, critical reviews of the edition noted various issues with the translation from Judeo-Arabic, issues which were addressed in this new, revised edition. At this time, I am not able to weigh in if enough was corrected or not, however I can say the work is very special, unique and is definitely worth one’s time to learn through it.

יעקב זוסמן, תורה שבעל פה פשוטה כמשמעה, כוחו של קוצו של יוד, מגנס, 228 עמודים

This essay is one of the most incredible academic works I have ever read. The abstract describes it as follows: It deals with the famous question of the manner in which the Tannaitic and Amoraic literature was passed on, orally or in writing, which is of great importance in determining the basic cultural and historical facts in the world of the Sages and in understanding the development of the Oral Law and in the formation of its literature. In Sussman’s revolutionary study, this complex subject was re-examined based on a thorough and profound study of various Talmudic sources, while comparing them with external, time-based evidence, published for the first time in Talmud Studies in 2004. It is published again in this book, along with detailed indices for source texts and various topics discussed therein.

חנן גפני, מפי סופרים תפיסת התורה שבעל פה בראי המחקר, מרכז זלמן שזר, 342 עמודים

Another slightly older work I would like to mention is Chanan Gafni’s Conception of the Oral Law in Modern Jewish Scholarship. This book continues his previous, excellent work P’shuto Shel Mishna. The detailed table of contents below gives one an idea of the topics dealt with inside. A pdf of the introduction is available upon request.

 

 

 

 




Pets on Shabbat, Rabbi Morenu, and Epidemics

Pets on Shabbat, Rabbi Morenu, and Epidemics

Marc B. Shapiro

1. In my last post here I wrote as follows:

R. Yitzhak Nahman Eshkoli calls attention to what he sees as another mistake made by those who published R. Moshe Feinstein’s works.[1] Here is Iggerot Moshe,Orah Hayyim 5, 22:21.

According to the text of R. Moshe’s responsum, animals are muktzeh, even those that children play with. This means that R. Moshe held that pets are also muktzeh. Yet in the small print the editor added that pets are permitted, even though this completely contradicts the first part of the sentence. See also Iggerot Moshe, Orah Hayyim 4, no. 16 (end), where R. Moshe forbids moving a fish tank on Shabbat and Yom Tov: דבע”ח מוקצין.

If you search online you will find a number of people who deal with R. Moshe’s view of pets on Shabbat. R. Chaim Jachter, referring only to Iggerot Moshe, Orah Hayyim 4, no. 16, states that R. Moshe held that pets are muktzeh. See here. Rabbi Dov Lev writes:

See Orach Chaim 308:39 that all animals are considered muktzeh. However, see Shu”t Igros Moshe (Orach Chaim 5:22:21) that rules that designated pets are exceptional and are not muktzeh. On the other hand, Rabbi Y. P. Bodner writes (Halachos of Muktzeh, Feldheim, p. 118) that he heard from Rabbi Feinstein that pets are indeed muktzeh. This is supported by Rabbi Feinstein’s responsum (#24) at the end of the book as well as by Shu”t Igros Moshe (Orach Chaim 4:16).

There are two interesting things here. The first is that R. Lev cites the most recent responsum in Iggerot Moshe that pets are not muktzeh without taking note of what many have seen as a contradiction between what R. Moshe wrote and the small print added by the editors. Also of significance is that R. Pinchas Bodner, who wrote a book on muktzeh and consulted with R. Moshe, claims that R. Moshe told him that pets are muktzeh. See also R. Natan Slifkin, Man and Beast: Our Relationships with Animals in Jewish Law and Thought, p. 237 n. 1.

R. Yonason Rosman, Petihat ha-Iggerot, p. 314, quotes R. Moshe Kaufman, a son-in-law of R. Mordechai Tendler, that after R Moshe gave his stringent answer to R. Bodner, he then reconsidered and came to a lenient opinion. R. Kaufman adds that  R. Moshe permitted his son-in-law, R. Moshe Tendler, to handle his cat on Shabbat.

R. Doniel Yehuda Neustadt, The Daily Halacha Discussion, p. 115, n. 108, writes that “there are conflicting sources regarding Harav M. Feinstein’s opinion on this subject.”

R. Anthony Manning writes:

In the 8th volume of Iggrot Moshe (published posthumously) (O.C. 5:22:21) Rav Moshe again rules that animals are muktza. However Rav Moshe’s grandson, R. Mordechai Tendler, adds afterwards – (אלא א”כ הם מיוחדים לשעשועים (פעטס. It is not clear if Rav Moshe agreed with this addition. Rabbi Pinchas Bodner writes (Halachos of Muktza p. 119 footnote 6) that he heard directly from Rav Moshe that pets are muktza.

R. Zvi Ryzman was also troubled by the apparent contradiction inIggerot Moshe,Orah Hayyim 5, 22:21. He wrote to R. Shabbetai Rapoport, as it was R. Rapoport and R. Mordechai Tendler who were the editors of this posthumous Iggerot Moshe volume and the ones responsible for the small print. Ryzman published his correspondence with R. Rapoport in Moriah 36 (Nisan 5778), pp. 358-359.[2]

 

I think that for most people R. Rapoport’s letter will settle the matter that R. Moshe did not regard pets as muktzeh. It would thus be permissible to handle your own cat that lives in your home, but not to do so with a stray cat or with an animal on a farm, as they are not pets. While we must be grateful to R. Rapoport for explaining matters, there is no question that this should have been properly explained in Iggerot Moshe, as the poor editing job there has created an enormous amount of confusion.[3]

Ryzman provides a number of sources in traditional texts that express a negative view of having dogs as pets. Chronologically, the first on his list is R. Jacob Emden in She’elat Ya’avetz, vol. 1, no. 17.[4] It is worth noting that R. Emden also discusses this matter in Birat Migdal Oz (Warsaw, 1912), p. 127a (5:16):

.ולגדל לשחוק בהן אית ביה איסור מוסיף אחד אנשים ואחד נשים ביחוד אותן המשתעשעים ומגעגעים בכלבים חלקים מעשה עכו”ם הוא ר”ל

R. Emden had another issue with dogs, in that he tells us that one of the leading members of the Ashkenazic community of Amsterdam named his dog after R. Emden’s father, as a way of showing how he despised him. This matter greatly upset R. Emden, and all he can write is:[5]

‘שהיה מגדל כלב וקורא לו שם כו
‘הוא גידל כלב וקרא שמו כו

We thus don’t know what exactly he called the dog. Azriel Shohet writes that he called it “Hakham Zvi,”[6] but that is not in the text, and he could have just as easily called the dog simply “Zvi” or some other form of the name.

Regarding dogs, the Shulhan Arukh, Even ha-Ezer 22:18, states:

אלמנה אסורה לגדל כלב מפני החשד

“A widow is forbidden to raise a dog, because of suspicion [people will suspect her of bestiality].”

As far as I can tell, there is agreement among the aharonim that this law also applies to a divorced woman, but there is no consensus about a single woman. There also seems to be agreement that there is no problem with a female dog.

Despite the fact that this halakhah is found in the Shulhan Arukh, there is no question that it is ignored in the Modern Orthodox world, either because people don’t know about it or because they find it far-fetched or even offensive. The Taz, Even ha-Ezer 22:10, brings a limud zekhut for ignoring this law from Tosafot, Bava Metzia 71a, s.v. lo, who understood the matter as being in the realm of humra, but that there is no actual prohibition as Jews are not suspected of bestiality:

לא תרבי כלבא: משום לזות שפתים בעלמא לפי שהולך אחריה שלא נחשדו ישראל על הזכור ועל הבהמה וגם אין אסור להתייחד

(The Taz’s words should be examined in the Machon Yerushalayim or Rosh Pinah editions which are corrected based on manuscripts.)

R. Isaac Lampronte (1679-1756) testifies that in eighteenth-century Italy theShulhan Arukh‘s ruling was ignored and the rabbis did not protest.[7]

אלמנה לא תגדל כלב בתוך ביתה . . . והאידנא לא ראיתי מוחים באלמנה מלגדל כלב אולי דעתה לא נחשדו ישראל על כך

In general, dogs don’t come out looking too well in rabbinic literature, something which must be distressing for all of us dog lovers. In a future post I will give examples of what I am talking about. However, there are a few positive things said about dogs as well. For example, Yalkut Shimoni, Shemot ch. 11 (no. 187), tells us that the dogs were rewarded for not whetting their tongues against the Israelites (Ex. 11:7):

שזכו לעבד עורות מצואתן לכתוב בהן ספר תורה תפילין ומזוזות

In this same section of Yalkut Shimoni there is the following passage about dogs, but I don’t think you can regard it as saying anything positive about them:

כת’ לכלב תשליכון אותו (שמות כב, ל) ללמדך שהכלב מכובד מן הגוי שהרי טריפה לכלב ונבילה לגוי

Let me make one final point about dogs. In Louis Jacob’s autobiography, Helping With Inquiries, pp. 54-55, he writes:

Before leaving my account of the Gateshead Kolel, I feel it would be incomplete unless I said something more about Rabbi Dessler, one of the most remarkable men I have ever met. Until he became the spiritual guide of the Ponievezh Yeshivah in B’nai B’rak, near Tel Aviv, Rabbi Dessler was the moving spirit behind the Kolel and his wise counsel was sought by its members even when he had moved to Israel. He was physically small and had a full but neatly trimmed beard until he went to Ponievezh, when he allowed it to grow long. He had studied in his youth at the famed Musar School in Kelm, presided over by the foremost disciple of Reb Israel Salanter, R. Simhah Züssel. He married the daughter of Reb Nahum Zeev, son of Reb Simhah Züssel. Reb Nahum Zeev was also an outstanding Musar teacher. He earned his living as a merchant in Koenigsberg, where he dressed and conducted his life in Western style. His wife and daughters dressed in the latest fashion. He even had a dog. Rabbi Dessler told us of the occasion when a Polish rabbi, in Koenigsberg to consult a physician, was invited by Reb Nahum Zeev to be a guest in his home. Witnessing the Western style in which the home was conducted, the rabbi was careful to eat very little, suspecting that the food was not completely kosher. Late at night, the Polish rabbi was awakened from his sleep by the sound of bitter weeping from a nearby room. Thinking someone needed help, the rabbi went on tiptoe to the room from which the sobs were coming only to hear the “Westernised gentleman” sobbing his heart out as he chanted the verse from Ecclesiastes: “Vanity of vanity; all is vanity.” Needless to say, after this experience, the rabbi had no further qualms about eating at Reb Nahum Zeev’s table.[8]

I cite this passage because it reports that that R. Ziv had a dog, and this information must have come from R. Dessler.

R. Ziv was a very great man and there is a lot more that can be said about him. R. Jehiel Jacob Weinberg reports that when he lived in Germany, not only did he dress in a modern fashion, but he also trimmed his beard and shook the hands of women. R. Yosef Yozel Horowitz of Novardok was very upset about these things and asked the young R. Weinberg, at this time serving as a rabbi in Pilwishki, to rebuke R. Ziv. R. Ziv told R. Weinberg, “What does he want from a Jew in Germany? I am just a simple Jew and I do not wish to cause ahillul ha-Shem. I behave like the other German Orthodox Jews.”[9] R. Weinberg added that all of R. Ziv’s actions were infused with Mussar ideals, and when he had a question, he traveled to the Hafetz Hayyim to consult with him.[10]

2. In my last post here I gave an example where the people who put together Mesorat Moshe from R. Mordechai Tendler’s notes did not understand what was being discussed. Here is another example from Mesorat Moshe, vol. 3, p. 343, no. 1.

It begins by saying that R. Moshe Feinstein receive a letter from רב מורינו. The editor explains that this refers to Jacob Rosenheim. When I read this I immediately knew it was a mistake. This volume of Mesorat Moshe covers Tevet 5735-Tevet 5736, and Rosenheim died ten years prior to this, in 1965.

Leaving this aside, the editors were led to think that the story concerned Rosenheim as he was given the honorary title “Morenu ha-Rav” by the Agudat Israel organization.[11] Yet even if he was alive at the time of the story, no one would have referred to him as “Rabbi Morenu.” In fact, he was not a rabbi even though subsequent to his death and continuing until now he is constantly given this title,[12] much like today every askan or writer associated with the Agudah is referred to as “Rabbi”. (R. Jehiel Jacob Weinberg commented that for the Agudah every rabbi who joins them is treated like a great gaon,[13] to which we can add that every askan is treated like a rabbi. For the haredi critics of the Agudah, it is not only that the askanim are treated like rabbis, but that they are often treated like gedolim. A recurring theme in haredi criticism of the Agudah, since the beginning and continuing until today, is that many of the important decisions taken by Agudat Israel in the past century were made by the askanim without consultation with the Torah leaders who are supposed to be in charge.[14])

Although I knew that Mesorat Moshe could not be referring to Rosenheim, I had no idea who רב מורינו was, and assumed that there was some problem in the transcription. It never occurred to me that מורינו here was actually a name. I have to thank R. Mordechai Berger who pointed out to me that the letter is referring to R. Zev Moreno (Morejno in Polish), who served as rabbi in Lodz until 1973 when he came to New York. R. Moreno has a Wikipedia page devoted to him here.

Even after leaving Lodz, R. Moreno continued to be regarded as the chief rabbi not only of this city but of the entire country of Poland. R. Moshe Feinstein even ruled that in all matters dealing with religious life in Poland, such as appointing rabbis or shochetim, R. Morenu had to give his approval. See here and here. When R. Menahem Joskowitz arrived in Warsaw in 1989 and started functioning as the Chief Rabbi of Poland, this caused a big dispute with R. Morenu who travelled to Warsaw to confront the new rabbi. See here.

R. Morenu was clearly somewhat of a character, as only such a person would have written letters to President Ephraim Katzir, Prime Minister Menachem Begin, and Foreign Minister Moshe Dayan with the following “genius” suggestions, in which great rabbis are placed in the highest political offices as figureheads, while the politicians do all the real work: The president of the State of Israel should be the Satmar Rebbe, three vice presidents (a position that Israel does not even have) should be R. Moshe Feinstein, the Gerrer Rebbe, and the Lubavitcher Rebbe, who will serve together with Katzir. R. Zvi Yehudah Kook should be appointed prime minister, while the real work of the prime minister’s office should be conducted by Begin. The foreign minister should be R. Yosef Shalom Elyashiv while Dayan carries out the actual duties of the foreign ministry. You can read all about his political suggestionshere.

R. Berger also called my attention to another source relevant to my last post where I discussed R. Abraham Sofer. In 2018 Minhagei Yeshivat Torah va-Da’at (Torah Vodaath)[15] was published. On p. 23 n. 45, the following story about Sofer appears. Particularly interesting is the report that the Satmar Rebbe told the young man who refused to allow Sofer to get an Aliyah and publicly embarrassed him to ask Sofer for forgiveness.

פעם נכנס לישיבת ביהמ”ד עליון תלמיד חכם נכבד נכד החת”ס, אשר מחמת דוחק הפרנסה עבד במוסד של קאנסרבטיבים. כאשר כבדו הגבאי בעליה, קפץ אחד מתלמידי הישיבה ועלה במקומו לס”ת, והוכיח את החכם הנכבד האיך יכול הוא לעבוד אצל פוקרים בעוד שסבו נלחם במסי”נ נגד הניאולוגים, וביישו ברבים עד שההוא יצא מביהמ”ד מבוייש. כאשר סיפרו זאת להרב ראובן גרוזובסקי זצ”ל, אמר שהוא בבחינת הלכה ואין מורין כן, וכשסיפור זה הגיע לאזניו של האדמו”ר מסאטמאר זצ”ל הגיב שהבחור עשה כהוגן, אך משום כבודו של החת”ס שהוא זקנו של הלה .הורה לבקש ממנו מחילה.

3. Since so many have recently discussed rabbinic responses to epidemics, let me add the following. In years past there were two understandings of how diseases were spread. One is known as the Miasma Theory, and I can do no better than to quote the opening lines of the Wikipedia entry on the topic: “The miasma theory (also called the miasmatic theory) is an obsolete medical theory that held diseases—such as cholera, chlamydia, or the Black Death—were caused by a miasma (μίασμα, ancient Greek: ‘pollution’), a noxious form of ‘bad air’, also known as night air. The theory held that the origin of epidemics was due to a miasma, emanating from rotting organic matter.”

The other theory is Germ Theory, which in non-scientific language must be regarded as a fact. Germ theory explains the spread of disease as coming about through the spread of living organisms. Until the second half of the nineteenth century, both the Miasma Theory and Germ Theory (in earlier versions) found supporters in the scientific community.

In an article published in 1851,[16] Joseph Loewy claims that the amora Samuel accepted the Miasma Theory. He calls attention to Bava Metzia 107b: “And the Lord shall take away from thee all sickness (Deut. 7:15). . . . Samuel said: This refers to the wind. Samuel follows his views, for he said: All [illness] is caused by the wind.”

Loewy also cites Ta’anit 21b:

Once Samuel was informed that pestilence was raging amongst the inhabitants of Be Hozae, and he ordained a fast. The people said to him: surely [Be Hozae] is a long distance away from here. He replied: Would then a crossing prevent it from spreading?

4. In my last post I discussed letters from R. Hayyim Ozer Grodzinski and R. Jehiel Jacob Weinberg to R. Isaac Unna that were sold by two auction houses. I mentioned how these letters came from the Unna archive at Bar Ilan University which had disappeared. A third auction house has also gotten into the act, and on June 30, 2020 the following letter from R. Grodzinksi to R. Unna is being auctioned. See here.

I refer to this letter in Between the Yeshiva World and Modern Orthodoxy, p. 126 n. 69.

Obviously, the person who acquired the Unna archive has decided to unload it, and as mentioned in my last post, Bar-Ilan University could not care less that documents that it agreed to watch over are now being sold at public auctions. In the previous post I showed how the Bar-Ilan manuscript numbers are clearly visible on the letters that were sold. Take a look at the letter above from R. Hayyim Ozer to R. Unna. There is no manuscript number visible. Yet this is how the letter really looks (ignore my handwriting at the top of the page).

The manuscript number appears right above the name “Grodzienski,” but has been removed from the image used by the auction house (yet presumably is still found on the actual letter).

Excursus

The general practice is to transliterate יעבץ in שאילת יעבץ as Ya’avetz. Yet in I Chron. 4:9-10, the Bible mentions a righteous man named יעְבּץ, and his name is spelled with a sheva under the ע and a dagesh in the ב. When speaking of R. Jacob Emden, יעבץ stands for יעקב בן צבי. Yet in the introduction to שאילת יעבץ, R. Emden tells us that the title also alludes to the righteous man named יעבץ in I Chron. 4:9-10, as both of their births came with pain. On the title page of his responsa, in giving the publication date, R. Emden also cites I Chron. 4:10 with the name of יעבץ.

I assume, therefore, that R. Emden intended us to pronounce the word in the title as Ya’betz. This is also grammatically correct, as there is a sheva under the ע. Regarding the title, also note that the word is written as יעבץ and not יעב”ץ.

In the introduction to שאילת יעבץ, R. Emden mentions that the mother of Othniel ben Kenaz named him Ya’betz because of her painful childbirth. It is true, as Jacob J. Schacter points out, that there is nothing in Chronicles “to support Emden’s assertion that Yavez and Athniel were the same person.” See Schacter, “Rabbi Jacob Emden: Life and Major Works” (unpublished doctoral dissertation, Harvard University, 1988), p. 70 n. 18. However, when R. Emden writes

קראתי בשם ספרי זה שאילת יעבץ, נסמך הכתוב בד”ה שאמו של עתניאל בן קנז קראתו יעבץ לאמר כי ילדה בעוצב

he has in mind Temurah 16a: “A tanna taught: Othniel is the same as Ya’betz. . . . He was called Othniel because God answered him, and Ya’betz because he counselled and fostered Torah in Israel.”

In I Chron. 2:55 it mentions “the families of scribes that dwelt at יעבץ.” Does this city have anything to do with the person Ya’betz mentioned in I Chron. 4:9-10? We have no evidence, but Radak, I Chron. 2:55, suggests that perhaps Ya’betz built the city and it was named after him. Rashi, ibid., connects יעבץ with the city אבץ in Josh. 19:10.

There is another noteworthy point about the name יעבץ. We find the following in Derekh Eretz Zuta, ch. 1:

ט’ נכנסו בחייהם בג”ע ואלו הן חנוך בן ירד ואליהו ומשיח ואליעזר עבד אברהם וחירם מלך צור ועבד מלך הכושי ויעבץ בנו של רבי יהודה הנשיא ובתיה בת פרעה וסרח בת אשר ויש אומרים אף ר’ יהושע בן לוי

This is a list of those who entered Paradise during their lifetimes. A few of the names are not what we would expect and need to be explained. There is also a textual issue, as another version has R. Joshua ben Levi replacing Hiram of Tyre rather than being added. Why Hiram should be on the list in the first place is something I can take up on another occasion. For now, I just want to note that the son of R. Judah ha-Nasi (other versions read בן בנו) was also named Ya’betz, and that he is reported to have entered Paradise alive.

There is another version that lists Ya’betz separately from the son of R. Judah ha-Nasi. See R. Matityahu Strashun, Mivhar Ketavim, pp. 90-91. Alfa Beita de-Ben Sira (Warsaw, 1927), p. 23, has both עבדו של רבי יהודה and Ya’betz.

The Jerusalem Talmud, Hagigah 2:1, refers to an amora named Ya’betz. For a list of post-talmudic figures named יעבץ, see R. Zev Aharon Teller in Beit Va’ad le-Hakhamim (Tishrei 5769), p. 504 n. 88. See also Asher Weiser, “Ya’betz,” Sinai 78 (1975), pp. 6-8. Masoretic scholars know of Ya’betz ben Shlomo. See e.g., Shlomo Zalman Havlin, Masoret Torah she-Be’al Peh (Jerusalem, 2012), p. 611.

For others who referred to themselves as יעבץ, including Judah Leib Gordon, see Saul Chajes, Otzar Beduyei ha-Shem (Vienna, 1933), pp. 162-163.

A very important figure called יעבץ is R. Emden’s contemporary, R. Jacob Ibn Tzur (Abensur; 1673-1753) of Fez, author of the responsa work Mishpat u-Tzedakah be-Ya’akov. For generations, all Moroccan Jews knew R. Ibn Tzur, who was also a poet, yet he is pretty much unknown in the Ashkenazic world. Menachem Elon recalls how he learned about R. Ibn Tzur. He was doing research on a topic and יעבץ was mentioned, but he could see that it did not refer to R. Emden. He investigated the matter and learned that there was another great halakhic authority who also is known as יעבץ. He writes:

גאון מופלג זה, שיותר ויותר התודעתי לתורתו ולאישיותו, היה זמן ניכר בבחינת נעלם בעולם התורה והישיבות הגדולות שבפולין, ליטא ואשכנז, וכמעט לא היה ידוע בין החוקרים, ומאד חוששני שכך הוא הדבר, עד עיצומם של ימים אלה

See Elon, “Yihudah shel Halakhah ve-Hevrah be-Yahadut Tzafon Afrika mi-le-Ahar Gerush Sefarad ve-Ad Yamenu,” in Moshe Bar-Yuda, ed., Halakhah u-Fetihut: Hakhmei Morocco ke-Foskim le-Dorenu (Tel Aviv, 1985), p. 24.

After R. Emden, the most famous יעבץ is R. Joseph Jabez of Spain, author of Or ha-Hayyim among other works. His name is often written as Yavetz or even Yaavetz, but I don’t know how he himself pronounced the first three letters. The one thing I can say is that he did not pronounce the final letter of his name as “tz”, as that is an Ashkenazic (inauthentic) pronunciation which never would have been heard in Spain and won’t even be heard today among Sephardim who have had a traditional Sephardic upbringing. See R. Benzion Cohen, Sefat Emet (Jerusalem, 1997), pp. 114ff. This explains why, for instance, in Hebrew Barcelona is written as ברצלונה and Safed is written as צפת.

With regard to צפת, the modern pronunciation is Tzefat. However, R. Meir Mazuz notes that the correct pronunciation is indeed Safed (using “s” for צ and the accent on the first syllable), and this is in line with the Arabic pronunciation. See his introduction to R. Hayyim Joseph David Azulai, He’lem Davar (Bnei Brak, 2006), p. 27. See also R. Jacob Saphir, Even Sapir (Lyck, 1866), p. 1a. In previous generations, this is how the Sephardim in Eretz Yisrael would pronounce it. See R. Elijah Hazan, Ta’alumot Lev, vol. 3, no. 19 (p. 38b). In the page on Otzar HaChochma the vowels are not clear, but you can see them clearly here.

R. Ovadiah Bartenura, in a letter sent from Eretz Yisrael, refers to the city as ספיתה. It should be vocalized as סׇפֵיתׇה as this is how the locals pronounced it, non-Jews and Jews alike. See Avraham Yaari, Iggerot Eretz Yisrael(Ramat-Gan, n.d.), p. 151.

It is true that there is a city צְפֵת (Tzefat) mentioned in Judges 1:17, yet this is a city in the south and has nothing to do with the northern city of Safed we all know so well. צְפֵת is never again mentioned in the Bible, which is understandable as Judges 1:17 tells us that the city was destroyed and its name was changed to Hormah.

As for the original pronunciation of צפת, R. Mazuz does not note that R. Elazar Kalir indeed pronounced the name of the city as Tzefat. Look at the first two lines below, which come from Kalir’s kinah איכה ישבה חבצלת השרון (from the Goldschmidt edition of Kinot, p. 50).

As you can see, the final word צפת can only be read as צְפַת. It thus seems that the pronunciation as Safed only dates from the medieval period. See Encyclopaedia Judaica, s.v Safed: “Between the talmudic period and the Crusades the history of Safed is not known. The town reappears in 1140 under the name Saphet.”

* * * * * *

[1] Tza’ar Ba’alei Hayyim be-Halakhah ve-Aggadah, p. 514 n. 1171
[2] This was called to my attention by Yonatan Emett. R. Rapoport mistakenly refers to R. Shimon Eider as the recipient of R. Moshe’s responsum instead of R. Pinchas Bodner. He also refers to R. Eider as shlita, even though he passed away in 2007.
[3] From the various quotations, you can see that there are different ways people have transliterated the first word of R. Moshe’s responsa, אגרות. There is a dagesh in the gimel perhaps because of a nun that dropped off. Regarding the word, see R. Solomon Judah Rapoport, Toldot Rabbenu Natan Ish Romi (Warsaw, 1913), p. 24; R. Matityahu Strashun, Mivhar Ketavim (Jerusalem, 1969), p. 82 n. 9.
[4] See Excursus regarding the word יעבץ.
[5] Megilat Sefer, ed. Bombach (Jerusalem, 2012), pp. 41, 64.
[6] Im Hilufei Tekufot (Jerusalem, 1960), p. 104.
[7] Pahad Yitzhak, s.v. almanah.
[8] The same story, with slight variations, is found in Kitvei ha-Saba ve-Talmidav mi-Kelm, vol. 2, p. 649.
[9] That German Orthodox Jews shook hands with women is mentioned by R. Solomon Carlebach, who states that he also does so if the woman puts her hand out and to not shake it would embarrass her. See Meir Hildesheimer, et al., eds. Le-David Tzvi (Berlin, 1914), p. 218 (Hebrew section).
[10] From an unpublished letter of R. Weinberg.
[11] At the beginning of the Hebrew section of the Festschrift fuer Jacob Rosenheim (Frankfurt, 1931), the Agudah declaration is printed.

[12] For R. Zvi Yehudah Kook, the “original sin,” as it were, of Agudat Israel is precisely that it was founded by a layperson (Rosenheim), and R. Zvi Yehudah contrasts this to Mizrachi which was founded by a great Torah scholar, R. Isaac Jacob Reines. See Be-Ma’arakhah ha-Tziburit (Jerusalem, 1986), p. 76. In his eulogy for Rosenheim, R. Jehiel Jacob Weinberg, Li-Frakim (2016 edition), p.  607, also refers to him as the founder of Agudat Israel. Yet it is more correct to say that Rosenheim was the major force in the founding of Agudat Israel, as he cannot be identified as the organization’s sole founder.
[13] “Scholars and Friends: Rabbi Jehiel Jacob Weinberg and Professor Samuel Atlas,” Torah u-Madda Journal 7 (1997), p. 111.
[14] See here for a recent example of the Agudah rabbinic leadership responding to such a claim (regarding synagogue closures and coronavirus). See here regarding Yaakov Litzman serving as minister in the current Israeli government, which was never approved by the rabbinic leadership of Yahadut ha-Torah. See also here.

In R. Jehiel Jacob Weinberg’s letter to R. Moshe Soloveitchik, dated Oct. 20, 1949, and published here for the first time, R. Weinberg writes (ellipsis in original):

.וצדק הרבי ממונקאטש ז”ל שאמר לי כי עתידה האגודה להעביר את מרכז היהדות מביה”מ לאולם האספות ושם ימחאו הרבנים מחיאות כף לנאומים והאדמורי”ם יתכבדו באמירת ברכות . . . חכם עדיף מנביא

[15] On its hundredth anniversary in 2019, Torah Vodaath put out a beautifully produced book, America’s Yeshiva: Celebrating a Century of Torah Leadership in America. The pictures are wonderful and the story of the yeshiva’s beginning and growth are told in an honest way. Also noteworthy is that the yeshiva has a website with a lot of historical information, including most of the high school yearbooks that were produced. See here. Just going through the yearbooks, looking at the pictures, and reading the entries on each of the graduating students makes history come alive. The following yearbooks are missing from the website: 1944, 1947, 1948, 1951, If anyone has these yearbooks, please reach out to the yeshiva so they can be uploaded. The last yearbook on the website is 1978, which I assume means that the students did not publish any more yearbooks.

I do have two comments about the Torah Vodaath website and book. On the website herethere are biographies of the roshei yeshiva. However, there is no biography for R. Dovid Leibowitz, even though the book, pp. 150-152, devotes three pages to him, as well as mentioning him elsewhere. I hope that the omission from the website is not an intentional slight because of the dispute between R. Leibowitz and R. Shraga Feivel Mendlowitz that led to R. Leibowitz leaving Torah Vodaath and founding his own yeshiva. See Moshe D. Sherman, Orthodox Judaism in America (Westport, CT, 1996), p. 129.

While I think the book as a whole is great, there is a real blemish on p. 630 when the newest rosh yeshiva is discussed. I think most will understand why this is a terrible bizayon ha-Torah (a double bizayon ha-Torah, i.e., omitting mention of grandfather and father).

We are grateful that in 2018, just as Torah Vodaath began to mark its milestone centennial year, the Yeshiva welcomed Rav Yitzchok Lichtenstein, a descendant of Rav Chaim Soloveitchik and a grandson through marriage of Rav Reuven Grozovsky, to lead the Yeshiva. Rav Lichtenstein was a talmid of Rav Dovid Soloveitchik in Yerushalayim.

On p. 628 the other rosh yeshiva, R. Yosef Savitsky, is introduced as follows: “Rav Yosef Savitsky was raised in Boston by his father Rav Mordechai, a highly-respected Rav.”

If R. Lichtenstein had distanced himself from his family, I could understand the omissions (not that it would be right, but I could understand it). Yet not only has R. Lichtenstein not done so, but he himself has contributed to the legacy of his grandfather, with his most popular contribution undoubtedly this edition of R. Soloveitchik’s insights on the Haggadah.

[16] “Toldot Shmuel,” Kokhvei Yitzhak 15 (1851), p. 31.




In Memoriam: Rabbi Dr. Norman Lamm z”l

In Memoriam: Rabbi Dr. Norman Lamm z”l

by David Berger

In the early modern period, we find reference in the works of Jews in the Islamic orbit to the ideal of a hakham shalem—expert in both Torah and the various forms of wisdom. If we wish to be yet more ambitious, we can imagine an individual who supplements these already daunting characteristics with a constellation of exceptional personal qualities.

Rabbi Norman Lamm came remarkably close to meeting this extraordinary standard. He was a major thinker who articulated and embodied an ideal of interaction between Torah in its purest sense and world civilization and culture. He contributed to the academic study of Jewish thought. He composed works that inspired Jews to renewed and enhanced observance of mitzvot. He delivered shiurim to classroom audiences and to packed auditoriums, and he published a book of hiddushei Torah. He was an orator of almost transcendent talent; no one in the Jewish world—certainly in the Orthodox world–after Rav Soloveitchik came close. He radiated atzilut (which I would translate inadequately as an aristocratic demeanor) while maintaining genuine concern for virtually everyone he knew; he is said to have responded personally to every letter he received, and he sent congratulatory notes to friends and acquaintances upon reading a review or even a letter to the editor of which he approved. He stood at the helm of a religious movement, leading its central, indispensable institution, founding the Orthodox Forum, the Orthodox Caucus, and the Torah u-Madda Project, serving as the first editor of Tradition, and initiating GPATS, the primary expression of Modern Orthodoxy’s commitment to genuinely advanced Talmud study for women.

Several years after Gerson D. Cohen left Columbia to become Chancellor of the Jewish Theological Seminary—and well before his tragic, debilitating illness– he told me, “I am out of commission as a scholar.” Cohen was a brilliant, driven figure of stunning intellectual breadth and vibrant energy. I often thought of this comment when contemplating the remarkable productivity of Norman Lamm as he led a much larger, far more complex institution, and I shook my head in wonderment.

My one opportunity to characterize an aspect of Rabbi Lamm’s multifaceted accomplishments came when I was invited to write the Foreword to the Deuteronomy volume of his Derashot Ledorot, a series made possible by my wife Pearl, who was then Dean of Yeshiva University’s libraries. She spearheaded an initiative—in consultation with Rabbi Lamm– to place the treasure trove of his typewritten sermons in a digitally accessible data base, which continues to register triple-digit hits on a weekly basis, available here.

In that Foreword, I wrote about my reaction to his sermons, noting among other things his linguistic brilliance. My favorite example was his striking reformulation in a sermon about the drug culture of the late 1960’s of a classic line by Marx. “Opium,” said Rabbi Lamm, “is the religion of the masses.”

I conclude with the following passage from that Foreword recording two memorable incidents unrelated to the published sermons:

One [of these incidents] left me with an enduring impression of Rabbi Lamm’s extraordinary sermonic instinct, and the other revealed a sharp, quick, and agile mind that supplemented the deep and serious intellect expressed in his scholarly and philosophical works.

In March of 1987, Yeshiva University held “A Centennial Event Honoring the Establishment of the Yeshiva University Archives.” Because the archives contain major collections relating to the Holocaust, particularly the records of Orthodox organizations like Vaad Hatzalah and Rescue Children, the program was entitled, “Zachor: Written and Oral History,” and Prof. Geoffrey Hartman of Yale, who directed a video archive of Holocaust-related testimonies, was invited to address the gathering. Rabbi Lamm’s role was to provide a brief introduction to the event. He was by no means the principal speaker, and he could have fulfilled his obligation with a routine comment or two requiring barely a moment of thought or preparation. His introduction was indeed brief, but it was more memorable than anything said by the distinguished visitor.

I wondered, said Rabbi Lamm, why the director of an oral archive would be invited to speak at the launching of an archive of written materials. But then, he continued, I realized that when the Torah speaks of the requirement to remember Amalek, the quintessential precursor of the Nazi murderers, it introduces the divine commandment as follows: “Write this as a remembrance in a book, and place it in the ears of Joshua” (Exodus 17:14). Remembering Amalek requires both a written and an oral archive.

The second episode emerged in the wake of a position that Rabbi Lamm took on a controversial issue that need not detain us here. A prominent rabbi in the Traditionalist Orthodox community responded in a public address with the assertion that Rabbi Lamm was a sone’ Hashem, a hater of God. The editor of the Yiddish newspaper The Algemeiner Journal asked the purported God-hater for his reaction. Rabbi Lamm replied with a single, brief quotation from the Talmud: “Those who are shamed and do not shame in return, who hear their disgrace and do not respond…—of them Scripture declares, “All who love Him shall be like the sun rising in strength” (Judges 5:31).

We have suffered the loss of a unique leader whose legacy will remain with us in virtually every nook and cranny of our Jewish lives.




An “Artscroll”™ Illustration in the Vilna Shas-Masechet Shabbat 98b

An “Artscroll” ™ Illustration in the Vilna ShasMasechet Shabbat 98b

By Eli Genauer

לזכר נשמת אבי מורי ר׳ יעקב קאפל בר׳ משה יהודה הלוי גענויער ז״ל. היארצייט שלו י״ד סיון.

For those studying Daf Yomi this week, there is a unique diagram that appears on Shabbat 98b. In the Vilna Shas one can see a closeup “picture” of one of the boards of the Mishkan (“קרש“) which would make Artscroll proud.[1] While one might be familiar with diagrams that appear in the Talmud, those diagrams illustrate comments in the rishonim, mainly Rashi. Most of these are called out specifically by Rashi: “kazeh” “like this.” Artscroll, however, includes their own illustrations beyond those from any of the rishonim. Yet, they were not the first publishers of the Talmud to do so. Indeed, this diagram on page 98b is a much earlier example of a publisher electing to incorporate their own diagrams into the text.

Diagrams in Printed Editions of the Talmud

The use of diagrams is attested to in numerous manuscripts. These diagrams appear in Rashi, Tosefot and even were used by the Geonim.

When manuscripts gave way to printing in the late 1400’s and early 1500’s, those diagrams were excluded in the early printed editions of the Shas. When Daniel Bomberg published the first complete edition of the Shas in the early 1500s, he did not include the actual diagrams, but instead left a space for the book’s owner to pencil in the relevant diagrams (how they would know what the diagram looked like is left unanswered).

Finally starting with 1697, (the Berman Shas of Frankfurt on der Oder) did diagrams start to reappear in the empty spaces (mostly in Eruvin and Sukkah).

What was the source of those diagrams in the Berman Shas and in ones that were printed soon after in the early 1700’s? There were three sources, the Maharshal, Maharsha, and Mahram of Lublin.

This is the Shaar Blatt from the Frankfurt on der Oder 1697 edition:

The Maharshal is the key point person when it comes to diagrams. He had the 2nd edition of the Bomberg Shas (printed circa 1528) and made his notations there. He recognized the importance of the Shas being printed but also the dangers that lay in the fact that if there was a mistake, it would find its way into thousands of hands. He lived at a time when there were still manuscripts around, and he made his corrections based on those manuscripts and also his own logic. Since he had the status of an Adam Gadol, his own logic carried much weight. Originally, he did not set out to write a book with his corrections. Like the Ba’ch, he just made the corrections in his own Gemara. After he died though, his sons printed Sefarim which reflected his notes.[2] Therefore, if in the late 1600’s or early 1700’s you were printing a Shas, and you looked at a previous edition and in Rashi it said “Kazeh” and there was a space, you would look at the Chochmas Shlomo. If he had added a diagram, you would place that diagram in the empty space and feel comfortable that it had good Yichus. There were times that there wasn’t an empty space that the Chochmas Shlomo shows a diagram, and in that case, the printers usually added it.

The 1715 Amsterdam Edition of the Talmud

A complete edition of the Talmud was first published in Amsterdam in the 1640s by Immanuel Benveniste. In the 17th and 18th centuries Amsterdam was counted among the most important cities for the printing of Hebrew books and there were many well-known publishers that followed Benveniste and they printed many important works yet none of them attempted to reprinting the Talmud. Only some sixty years later did Amsterdam see a Talmud come off its presses. This one, that began in 1714, was never completed.

R. Judah Aryeh Loeb ben Joseph Samuel of Cracow appealed to Samuel ben Solomon Marsheses and Raphael ben Joshua de Palasios prominent members of the Amsterdam Sephardic community and asked them to print a new edition of the Talmud. Neither had ever published a book. In 1710, Loeb unsuccessfully sought to publish an edition of the Talmud in Frankurt. Now, in Amsterdam he sought to try again. Marcheses and Palasios formed a printing house specifically to print a “fine and accurate edition,” in an environment that “the workers would not be hurried so that they could work with care, reducing errors, and under the supervision of … the dayyan of the Ashkenaz Rabbinic Court of Amsterdam who would help establish the correct text.”[3] An emissary was sent to visit various Jewish communities to collect subscribers and reduce the burden of the significant printing costs. Relevant to diagrams, the emissary came bearing a gift, the Amsterdam 1710 edition of R. Jacob ben Samuel Bunim Koppelman of Brisk’s (1555-94) Omek Halakahah (first printed in 1510), a book that includes many diagrams to explain difficult passages of the Talmud.[4]

The first volume, Berakhot, was published in 1714[5] and the editors note the sources for their text and likely for the diagrams as well.

  1. Chochmas Shlomo

  2. Chochmas Manoach

  3. Chidushei Halachos of the Maharsha

  4. Maharam Lublin

  5. Sifrei Hashas of Yosef Shmuel ben Zvi – seemingly these were concentrated on Zeraim, Kodshim and Taharos

The volume on Meseches Shabbos was published in 1715 and the top 4 appear in the Hakdamah:

The Source and Purpose of the Diagram in Shabbos 98b

The Gemara in Masechet Shabbat on Daf 98a and b deals with the laws of carrying and discussing some of the details of the boards (“קרשים“) which made up the walls of the Mishkan.[6] These board were comprised of a complex system designed to keep each board straight and provide sufficient support for the entire structure of the Mishkan. Indeed, if one examines modern editions of the Talmud, there is an illustration that appears on the page. But where did it come from and more importantly what is its purpose? As we will show, the first edition to incorporate this diagram was the 1715 Amsterdam edition of the Talmud.

This is how it appears in the 1715 edition.

This image was reprinted in the Vilna Shas in a slightly clearer format although with the same detail and is a bit easier to analyze.

 

The picture primarily shows that there were three rods (“בריחים”) that connected one board to the next. The rods on the top and bottom went through outer rings, but the rod in the middle went through the width of the board.( “עובי הקרש“) It also shows the sockets on the bottom (“אדנים“) and the grooves (“ידות“) inserted in them which provided stability to the boards as they stood.

As discussed above, manuscripts of Gemarot though generally do not contain pictures, and a check on the invaluable website “Hachi Garsinan” shows that no manuscript of these pages has a picture to illustrate what a board looked like.[7] One might expect Rashi in his description of some of the statements of the Gemara to state his opinion and then write “כזה” (“ like this” ) Then we could expect to find an illustration in any of the number of Rashi manuscripts we have, and we could expect that this illustration (or an empty space for it) would appear in subsequent printed editions. Here we have none.[8]

The most relevant Rashi appears to his comments regarding how the boards stood miraculously.[9] But It does not discuss the fact that the middle rod went through the thickness of the board, but rather the miraculous nature of how the rod bent as it turned the corner. Another potential relevant Rashi explains the statement “the Sages taught, the bottoms of the beams (kerashim) were grooved and the sockets were hollow.” This deals with a completely different aspect of the beams which is how they were shaped on the bottom (and only according to Rabbi Nechemya). Thus, it is unsurprising that the manuscripts of Rashi do not include this diagram.

It was only in the 1715 edition does this illustration first appear. Yet, in the case of the picture of the keresh on Shabbos 98b, we do not find this picture in any of the sources identified by the Amsterdam publishers, not the Maharshal, Chochmas Manoach, Chidushei Halachos of Maharsha, or in Maharam Lublin.

First, we must identify what the diagram is attempting to illustrate. Rather than the more common form of diagrams, this one is not an illustration tied to one of the rishonim, rather it is illustrating two statements of the Gemara, one in the middle of the Daf and one at the very bottom. This, despite the fact that the diagram appears close to Rashi’s commentary on the page, seemingly tying it to his commentary.

Instead, the illustration is the independent product of the Amsterdam publishers and intended to elucidate the text of the Gemara, what did the board system look like. The Mesivta edition of Oz Vehadar also understands that this picture illustrates the words והבריח התיכון בתוך הקרשים. They indicate that Tziyur 6 which except for the detail on the bottom looks very similar to the one in the Vilna Shas, illustrates that statement.

In truth, the main part of the picture showing the middle rod going through the width of the board is not at all aligned with a comment of Rashi. Understanding that it just tries to give a picture of the “קרש” will make it easier to understand for people who study this page. This illustration is designed to explicate the text of the Talmud itself and was the entirely the idea of the publishers of the Amsterdam Talmud.

Why did the editors of the Amsterdam 1715 Shas insert a picture like this? Perhaps they were inspired by diagrams that appeared in a book called Omek Halacha by Jacob ben Simcha Bunim Koppelman which had just been reprinted in Amsterdam in 1710 and was even used in the fundraising campaign for this edition of the Talmud.[10] It has a picture of the grooves that fit into the sockets that is associated with the second aspect of this picture.

Yet, the Amsterdam publishers did not reprint the Omek Halakha’s crude diagram. Like the text and the other aspects of this edition, they included a much clearer and more detailed diagram that is infinitely more helpful in understanding the complicated text. Adding such a picture to a Daf of Gemara was a revolutionary act at that time and once added, it became part of Tzurat HaDaf that we have until today.

[1] As a matter of fact, there is a picture of the “קרש” in the Artscroll Stone Chumash, page 457, similar to the picture of the “קרש” in the Vilna Shas
[2] See Yaakov Spiegel, Amudim be-Toldot ha-Sefer ha-Ivri: Hagahot u-Magihim (Ramat Gan: Bar Ilan Univeristy Press, 2005), 312-17.
[3] Marvin J. Heller, Printing the Talmud: Complete Editions, Tractates, and Other Works and the Associated Presses from the Mid-17th Century through the 18th Century (Leiden: Brill, 2019), 75.
[4] Koppelman published another illustrated book, Ohel Yaakov. See Marvin Heller, The Sixteenth Century Hebrew Book: An Abridged Thesaurus, Volume 2, (Leiden: Brill, 2004), 724-25.
[5] For additional information on this edition see Heller, Printing the Talmud, 74-89.
[6] The categories of work employed to build the Mishkan formed the basis for the Melachot of Shabbat. In this case, the boards of the Mishkan were transported from one location to another giving rise to issues relating to the domains created thereby.
[7]
https://fjms.genizah.org/
[8] The manuscripts I checked on the KTIV website of the National Library of Israel were ones known as Parma 2097, Vatican 138, and Paris 324. All have no diagram in this entire Perek despite containing other diagrams of Rashi in other Perakim. (The two other manuscripts I checked of the total five that were available did not have diagrams in other Perakim either). The general website address for KTIV is https://web.nli.org.il/sites/nlis/en/manuscript
[9] In the book רש״י ,חייו ופירושיו“,כרך ב׳, הוצאת הקדש רוח יעקב, תשנ״ז” page 497, the author Rav Rephael Halpren states that there are 101 diagrams in Rashi included in the Vilna Shas, 51 of them in Masechet Eruvin. He then proceeds to enumerate all of them, including this one on Shabbat 98b. From the positioning of it on the page it certainly does look that way.
[10] Jacob ben Simcha Bunim Koppelman (1555–1594) was a talmudic scholar distinguished for his broad erudition and interest in secular sciences. Early in his life he embarked upon mathematical and astronomical studies, in addition to intensive occupation with traditional Jewish learning. He is the author of Omek Halakhah (Cracow, 1593). In it he elucidates the laws appertaining to Kilayim, Eruvin, etc., with the aid of diagrams and models. See here on Jacob ben Simcha Bunim Koppelman. 

This is it as it appears in the first edition (Cracow 1593):

https://hebrewbooks.org/pdfpager.aspx?req=45068&st=&pgnum=39




The Hafetz Hayyim’s Statement on Teaching Torah to Girls in Likutei Halakhot: Literary and Historical Context

The Ḥafetz Ḥayyim’s Statement on Teaching Torah to Girls in Likutei Halakhot: Literary and Historical Context

Rachel Manekin and Charles (Bezalel) Manekin

Rachel Manekin is Associate Professor of Jewish Studies at the University of Maryland.

Charles (Bezalel) Manekin is Professor of Philosophy at the University of Maryland.

The authors live in Jerusalem, Israel.

Dedicated to the memory of our mothers, Matel Becher ע”ה and Dorothy Manekin ע”ה

R. Israel Meir ha-Kohen Kagan’s statement in his Likutei Halakhot that it is “now” a “great mitzvah” to teach Torah to girls, has attracted a great amount of attention in recent years.[1] Benjamin Brown, dating the statement to 1911, suggests that it was instrumental in the founding of the first Bait Yaakov school in 1917 by Sarah Schenirer in Kraków.[2] Haym Soloveitchik, dating the text to 1918, views it as R. Kagan’s (late) perception of the erosion of the mimetic society in the wake of World War I.[3]

We show below that the statement was published some time in תרפ”ב (last third of 1921, first two thirds of 1922), after R. Kagan, known after his book as the Ḥafetz Ḥayyim, returned to Radin (Raduń), then Poland, on 25 Sivan [=July 1], 1921. The Ḥafetz Ḥayyim had spent the previous six years in Russia at a time of revolution, civil war, and the beginnings of communist policy toward Jewish religious institutions.[4] The timing of the statement on Torah education for women is significant. Several months before his arrival in Radin, a gymnasium (high school) for Orthodox girls had been established in Telz, with the direct involvement of the rosh yeshiva, R. Yosef Leib Bloch, his son, and his son-in-law.[5] Girls were taught there ḥumash and nevi’im. A primary school for girls was also established there. This was the latest in a series of Orthodox initiatives for the formal Torah education of women in Lithuania. In Kovno, a Jewish realgymnasium for Orthodox boys and girls had been established already in 1915 through the efforts of the Neo-Orthodox R. Dr. Leopold Rosenak, a brother-in-law of Emanuel Carlebach, and Joseph Carlebach, Emanuel’s brother. These initiatives were introduced as responses to the requirement of mandatory primary education, first by the German military occupying Lithuanian and later by the government of independent Lithuania. Also, in Kovno, at the initiative of Ze‘irei Yisrael, which was composed of representatives of Agudat Yisrael and the Mizrahi, the Yavne Central School System was founded in 1920; in its first year, forty schools were founded; some included girls.[6] In Kraków, then in Habsburg Galicia, Sarah Schenirer founded her afternoon supplementary school in 1917 with the blessing of the Belzer rebbe; several other schools followed in 1921 and 1922. In Warsaw, formerly in Congress Poland, R. Emmanuel Carlebach founded the Chavatzelet Orthodox women’s gymnasium in the same year, with the blessing of the Gerer rebbe. Chavatzelet taught girls ḥumash and nevi’im in the Hirschian spirit of Torah ‘im derech ’ereẓ.[7] In the 1930s the school was attended also by Hasidic girls, including the Gerer rebbe’s granddaughter.[8]

Moreover, in late January, 1922, the year in which the Ḥafetz Ḥayyim’s statement was published, the assembly of the Agudat ha-Rabbanim of Poland issued a series of calls upon its members that included the following:

11. To educate the daughters in the spirit of yiddishkeit and to learn with them from their early childhood some words of Torah and musar, and commensurate with their age to continue to learn with them their obligations in such a manner that when they reach the age of marriage, they will easily accept the obligations pertaining to the purity of the daughters of Israel. And the members are obliged to establish in their towns for this purpose a special school for the young women.[9]

As we shall see below, the resolution that called upon all communal rabbis in Poland to establish schools for women followed an impassioned speech on the challenges facing Torah education in Poland by the Galician rabbi, R. Meir (Maharam) Shapira, then the Rav of Galina, and shortly to become one of Agudat Yisrael’s representatives to the Polish Sejm and the Rosh Yeshiva of Yeshivat Ḥakhmei Lublin.

In light of the above, the Ḥafetz Ḥayyim’s statement on teaching Torah to Jewish daughters should be read as a hekhsher of formal Jewish education for women after and while schools for Orthodox girls were established in Poland and especially in Lithuania. All the aforementioned schools had strong connections with Agudat Yisrael operatives in their various locales. As is well known, the Ḥafetz Ḥayyim was a major rabbinical authority for the Agudah; several months after his return to Poland (which now incorporated parts of Lithuania), he and R. Ḥayyim Ozer Grodzinsky of Vilna, called for the strengthening of the Lithuanian Agudah.[10] He was most likely informed about these schools, certainly the women’s gymnasium in Telz, upon his return to Radin, if not earlier.

In any event, the 1924 decision to have Keren ha-Torah, the education fund of Agudat Yisrael, support a network of Jewish schools for girls was sanctioned by the Ḥafetz Ḥayyim’s aforementioned statement, according to Dr. Leo Deutschländer, the head of Keren ha-Torah, and subsequently one of the administrators of the Bait Yaakov seminary in Krakow.[11]

It is important to emphasize that the educational policies of all Orthodox schools in Poland-Lithuania were subject to rabbinical authority, and that no pedagogical steps were taken without consultation with, and approval, by rabbinical leaders.[12]

Part One. The Literary Context of the Ḥafetz Ḥayyim’s Statement on Women’s Education

The Ḥafetz Ḥayyim’s comment does not appear as a formal response to a halakhic question of the permissibility of teaching Torah to women. Rather it appears as a footnote to the halakha that women should not be taught written Torah ab initio cited in his Likutei Halakhot on Sotah. Likutei Halakhot is a condensation of the halakhic sections of the Gemarah in the manner of R. Isaac Alfasi’s Halakhot Gedolot. Initially a project to provide students with a halakhic digest to sugyot having to do with kodeshim, the study of which the Ḥafetz Ḥayyim considered to be unduly neglected and of capital importance,[13] the project was ultimately expanded to provide a halakhic digest of all sugyot on which there was no Rif or Rosh (R. Asher b. Yehiel). Unlike the Rif, the Ḥafetz Ḥayyim’s’s aim was not to decide the halakha, but rather to provide student with an abridged description of the development of the halakha through the Rambam.[14] The Ḥafetz Ḥayyim believed that by reading halakhic condensations of the Rif with Rashi, and Likutei Halakhot with Rashi, the students would be able to master the fundamental halakhot of the Talmud – something that he felt could not be easily accomplished by reading the Mishneh Torah with its commentaries.[15] In later years he recommended such a program of study for those who lacked the time for in-depth study of the Gemarah.[16]

Before we analyze the footnote, we need to justify dating Likutei Halakhot on Sotah to תרפ”ב. Unfortunately, determining the publication history of Likutei Halakhot is complicated. The work was published serially, beginning with Zevaḥim, in 1899/1900,[17] in the form of kuntresim, which could be bound and published as seen fit by the Ḥafetz Ḥayyim; the published volumes did not carry a separate title page from the individual kuntresim comprising them. The title pages of the kuntresim often do not mention all the titles of the individual tractates contained therein, and, like many Torah publications, their dates of publication on the title page have to be derived from gematriyot of rabbinic statements in which certain letters are in bold typeface. Sometimes tractates that were published earlier were republished with the same title page. The individual tractates themselves have their own pagination. An edition of the entire work was published by the Ḥafetz Ḥayyim’s son-in-law, R. Menaḥem Mendel Yosef Zaks, in Brooklyn in 1960, and in Jerusalem 10 years later. The edition contains, dispersed throughout the work, some of the original title pages, but not always with their original dates. The order of the tractates in the R. Zaks edition is also not always according to the order of publication; sugyot from the same tracate that appeared in different kuntresim are placed together.

As noted above, two dates for Likutei Halakhot on Sota appear in the secondary literature, 1911 and 1918. We have found no textual basis for either date. The 1911 date appears in M. Gellis’s bibliography of the Ḥafetz Ḥayyim’s writings without explanation.[18] We do not know what is the source for the 1918 date.[19]

The volume of Likutei Halakhot including Sotah that we inspected in the National Library of Israel binds three kuntresim together. The first consists of Bekhorot and Keritot, printed by H. H. Fohlman, the second consists of Arakhin, Nazir, and Sotah, with only Arakhin mentioned on the title page, without a date; the third consists of Niddah, printed by M. Cederbaum, undated. Of these tractates, only Sotah and Niddah appear for the first time. (Niddah also appears published with its own title page by Cederbaum in תרפ”ג.) The date on the cover page, תרפ”ב was added in pencil, perhaps by a library cataloger or book seller, after calculating the gematriya; the volume, belonged formerly to the Boston Hebrew College library.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The תרפ”ב date is derived from the gematria of the emphasized letters: The saying (העוסקין בהלכות עבודה כאלו נבנה המקדש בימיהם (מנחות קי totals 682 ( 25 + 49 + 107 + 56 + 87+ 63 + 295), i.e., תרפ”ב.

As noted, the separate cover page for Arakhin (including Sotah and Nazir) is undated:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Ḥafetz Ḥayyim, who was in charge of the printing and distribution of his books, advises on the title page of Likutei Halakhot on Bekhorot not only to read the Introductions, but also to look at the Preface (הפתיחה) “which we have now newly printed” (אשר הדפסנו זה עתה מחדש). The phrase “which we have now newly printed” is ambiguous; it can mean that the Preface is being reprinted or printed for the first time. Although the natural reading today would be the former, we found the Preface printed only in Likutei Halakhot on Sanhedrin, which we date to late תרפ”ב. And on the title page of Niddah, published by Cederbaum in תרפ”ג, we find a reference to the Preface אשר נקוה שנדפיסה בקרוב (“which we hope to print soon.”) This sort of discrepancy should not worry us, especially since Likutei Halakhot on Sanhedrin was printed by Fohlman and on Niddah by Cederbaum.

The Preface, published for the first time in תרפ”ב enables us to provide a clear terminus a quo for the publication of Likutei Halakhot on Sotah. In the middle of the first paragraph, the Ḥafetz Ḥayyim lists the tractates already completed (parentheses in the text below appear originally in the kuntresim as square brackets; the square brackets here are our own):

Barukh Ha-Shem, we have collected, according to our meager opinion, the words of the Rambam that he codified from the sugyot on thirteen tractates that pertain to matters of kodeshim, namely, Zevaḥim, Menaḥot, Tamid, Pesaḥim (from Tamid ha-Nishḥat to ‘Arvei Pesaḥim), Hagigah, Yoma, Tamid, Temurah, Keritot, Bekhorot [the three final chapters), ‘Arakhim, Me‘ilah, and Nazir (the later also has many things that are relevant to kodeshim), and likewise the first two chapters of Shavuot […] and now, only a few tractates are missing from the Shas, may God grant that over time some Jews will be found to complete the entire Shas […].[20]

And in the second paragraph he writes:

I wrote all this [i.e., the Preface until the present point] more than ten years ago. We have experienced many wanderings because of the war. Barukh Ha-Shem, who has kept us alive and did not allow our feet to falter. And now that I have come from the diaspora to my home, Ha-Shem, yitborakh, has helped me in his abundant kindness and goodness for the merit of Israel to complete Likutei Halakhot on the other tractates of the Shas that do not have the commentaries of the Rif and the Rosh. (And these are: Rosh Hashanah, Makkot, Horayot, Sotah, and Niddah […]).[21]

The second paragraph of the Preface attests to a time gap in both the composition of the Preface and in the publication of the tractates. The first paragraph of the Preface was written more than ten years earlier, i.e., no later than late 1910 or 1911. At that time the Ḥafetz Ḥayyim had completed, but not published, all the tractates mentioned in the first part of the Preface. Again, he did not publish the Preface itself until late 1921 or 1922. So although there is no date on Likutei Halakhot of Sotah itself, we can infer that it was published in תרפ”ב. As for the date of actual composition, we have no evidence in the Preface or anywhere else to suggest that it was written much earlier. Given that Niddah appears separately in תרפ”ג, the kuntres containing Sotah may have appeared late in תרפ”ב, after the aforementioned assembly of the Agudat Rabbanim in Warsaw. The Ḥafetz Ḥayyim would go on to complete other tractates and finish the work in 1925.

In short, the publication of Likutei Halakhot on Sotah is to be dated to late 1921 or the first two-thirds of 1922 (תרפ”ב) and not to 1911 or 1918,[22] according to the date of the aforementioned volume, and no earlier than Summer 1921, the date of the Ḥafetz Ḥayyim’s return to Radin, according to the Preface.

Part II. The Historical Context of the Footnotes on Jewish Education in Likutei Halakhot on Sotah

The Ḥafetz Ḥayyim was 83 years old when he declared it to be a great mitzvah to educate women in various Torah matters. To understand both the context and content of the statement, we first present the text and the two relevant footnotes. The main text of Likutei Halakhot on Sotah 11a (p, 21) may be translated as follows:

Rabbi Eliezer says, “Whoever teaches his daughter Torah teachers her tiflut.” You thought [actual] tiflut? Rather [it is] as if he teaches her tiflut. R. Abbahu says, “What is R. Eliezer’s reason? It is written, ‘I, wisdom, dwell with cunning,’** When wisdom enters a person, cunning enters with it.” And how do the Rabbis understand “I, wisdom”? The verse is needed for [the interpretation] of R. Yossi b. Rabbi Haninah, for R. Yossi b. R”H says, “The words of Torah stand permanently only for the person who makes himself naked for them, as it is written, ‘I, wisdom, dwell with nakedness.” In any event, the reasoning of R. Eliezer is not thereby rejected, and the halakha is according to his statement. [Later] rabbis said that “Torah” here refers davka to the Oral Torah. But even though the Written Torah should not be taught to one’s daughter ab initio,*** [teaching her Written Law] is not as if one teachers her tiflut. And women are obligated to learn from the Oral Torah the laws that pertain to them.[23]

(The asterisks refer to footnotes on this passage. Footnotes are rare in Likutei Halakhot, and rarer still are footnotes that refer to contemporary issues.)

Let us begin with the note preceded by three asterisks, on the prohibition of teaching the written Torah to women ab initio (based on M.T. Hilkhot Talmud Torah 2:13):

It seems that all this [the admonition not to teach written Torah ab initio to women] applies to previous times, when everyone dwelled in the place of his fathers, and the paternal tradition was very strong for each person to behave in the way that his fathers had tread, as the verse says, “Ask your father and he will tell you”. [Then] we could say that [a woman] should not learn Torah but should rely for her conduct on her upright fathers. But now, on account of our many sins, the paternal tradition has weakened considerably, and it is common that one does not dwell in one’s fathers’ location at all, and, particularly for those [women] who have accustomed themselves to learn to write and speak the languages of the nations, it is certainly a great mitzvah to teach them ḥumash, and also nevi’im and ketuvim, and the musar lessons of Ḥazal, such as tractate Avot, and Menorat ha-Ma’or, and the like, in order that our holy faith be confirmed for them. For otherwise, they are liable to stray completely from the way of the Lord, and to transgress all the foundations of the religion, God forbid.[24]

The Ḥafetz Ḥayyim holds that the admonition not to teach women written Torah ab initio pertained to the past, when a woman could rely for her conduct on the example of her fathers. But today, we find a weakening of paternal tradition and the dislocation of the Orthodox from their paternal homes, which requires educating women, especially those women who are accustomed to learn the language of the gentiles; without Torah education, such women are likely to stray from the true path and to become heretics. What historical reality does this reflect?

As is well known, the use of legal literature as a source of history, even literature that purports to refer to historical events, is not unproblematic. On the one hand the geographical dislocation of Polish Jews because of the war indeed meant that many parents and children were no longer in the town and villages that had anchored their faith and practices for generation.[25] On the other hand, it would be wrong to infer from the Ḥafetz Ḥayyim’s remarks that in his view, pre-war Poland reflected a golden age of Jewish observance. Throughout much of his life he had railed against the weakening of observance among the Orthodox, and many of his published works tried to strengthen observance through teaching both the halakha and its centrality in the life of the Jew – and the penalties for its non-observance.

For example, the Ḥafetz Ḥayyim was well aware that for decades there had been a weakening of traditional observance among women from some Orthodox homes. His son, R. Aryeh Leib Kagan, relates that when he came of marriageable age in the early 1880s, his father would not consider a match for him with a young woman from an Orthodox family who had attended a gymnasium (high school), or even an elementary school; such women and their families, even though they were Orthodox, were suspect in his eyes. In one case, the Ḥafetz Ḥayyim ultimately forbade his son to accept an offer of the substantial financial assistance by a wealthy prospective father-in-law; it turned out that the prospective bride’s sister had been sent by her father to learn at a gymnasium in Grodno, where she had fallen in love with a gentile officer whom she had met (“presumably at the theater”), converted, and died in childbirth at the age of 15.[26]

In his 1905 handbook on family purity laws, Taharat Yisrael, the Ḥafetz Ḥayyim attributes the decline of some women observing the mitzvah of mikveh to the shame they feel, not because of any foolish modesty (which is the case with some other women), but because they have been educated to look down at the laws of Torah. These women feel shame because

they have been raised in their free-thinking ways from their youth, when they attended schools, and became “wiser in their own eyes” than their predecessors, to the extent that they feel shame in observing the laws of the Torah according to the law of Moses and Israel, and particularly in a matter they consider to be beyond the boundaries of modesty.[27]

The Ḥafetz Ḥayyim responds to such women’s contempt of the Torah by providing well-worn arguments for its superiority and perfection. His defense is part of the larger project of the book, written both in Hebrew and Yiddish, to educate men and women in the importance of observing family purity laws. Urging Jews to observe Torah and mitzvot, and educating them for that purpose, is the leitmotiv that runs throughout the Ḥafetz Ḥayyim’s writings. Even his Likutei Halakhot on Kodeshim, though ultimately intended as an educational tool for learning Torah, was written as practical halakhic guide for the messianic age that Ḥafetz Ḥayyim thought imminent.[28]

This emphasis on deepening Torah observance in all sectors of the Orthodox community led him to publish a kuntres directed to women, Geder Olam, in 1889, on the importance of covering their hair. The kuntres was published in Hebrew and in Yiddish, and it includes at the end a basic halakhic guide to the laws of Niddah.[29] The halakhic guide was reprinted by the Ḥafetz Ḥayyim in two other works: his book addressed to Jews migrating to places like America and South Africa, Nidhei Yisrael (1895), and his aforementioned book on family purity laws, Taharat Yisrael (1905); The Yiddish translation appears in all three works, which indicates that these sections were intended also for women to read.[30] Indeed, the Ḥafetz Ḥayyim urges women who are literate to teach the book to women who are not, and to learn the Maayan Tahor of R. Moshe Teitelbaum of Ujhely (the Yismah Moshe) (reprinted many times in the Korban Minḥah siddur for women). The Ḥafetz Ḥayyim writes, “We have written only the legal principles that are most common, that all women are obligated to learn abundantly, and to become expert in them, so they not stumble because of them.”[31] This is a clear call for women to learn halakha, albeit in a rudimentary fashion, from books written for them.

From the above we see how important it was for the Ḥafetz Ḥayyim to write educational materials for women on family purity and female modesty. This in itself was a novelty; we are not aware of such materials being written in Lithuania at the time by Orthodox talmidei ḥakhamim of the Ḥafetz Ḥayyim’s stature. Contrast, for example, the words of the Ḥafetz Ḥayyim’s contemporary, Rabbi Yehiel Mikhel Epstein, in Arukh ha-Shulḥan, Yoreh Deah 246:19:

Ours has never been the custom to teach [women] from a book, and we never heard of that custom. Rather every woman teaches the relevant laws to her daughter and daughter-in-law. Recently, laws pertaining to women have been published in the vernacular for women who can read from them. Our women are fervent (zerizot); in every doubtful matter they ask [a rabbi] and don’t decide for themselves in the smallest matter.[32]

To what recently-published laws pertaining to women was R. Epstein referring? Arukh ha-Shulḥan, Yoreh Deah was composed in the years, 1887-1894;[33] the early editions of Geder Olam were 1889, 1893, and 1894. In the latter, the Ḥafetz Ḥayyim admonishes women who need to ask a halakhic question not to ask another women, but only a moreh hora’ah, “and for G-d’s sake, a woman should not dare to decide the law!”[34] It is very likely that R. Epstein was referring to this when he wrote, “Our women are eager; in every doubtful matter they ask [a rabbi] and don’t decide for themselves in the smallest matter.” Here we have two conflicting views on the education of women in practical halakha: R. Epstein sees no need to compose halakhic guidelines in Yiddish for women, since the women with whom he is familiar have learnt the material from their mothers or mothers-in-law and know when to ask questions. The Ḥafetz Ḥayyim, observing women who are lax about observance, writes a halakhic/hashkafic manual in Hebrew and Yiddish that urges them (and their husbands) to study these guidelines diligently and to teach them to other women.

The importance of educating women in their religious duties, especially in the realm of family purity, remained with the Ḥafetz Ḥayyim for the rest of his life. As is well-known, he traveled to Vilna when he was old and frail to deliver a lecture in Yiddish at the central Synagogue on the importance of observing the mitzvah of mikveh in front of an audience of hundreds of women, with men listening in from the women’s gallery.[35]

To be sure, publishing educational materials on family purity for women is not the same as advocating Torah education for girls, but then, again, the situation in 1905 for Polish and Lithuanian Orthodox Jewry was not the same as in 1922. Orthodox Jewry in the Second Polish Republic was under severe stress. Dislocation and pressures – economic, ideological, and governmental — had accelerated the defection of Jews from the tradition; the dire situation provided an opportunity for conservatives to respond positively to new Orthodox initiatives to stem the tide. In particular, Orthodox Jewish education was at a crisis point, even more so for boys than for girls, which explains in part why much more attention was paid by Orthodox politicians and rabbis to the challenges facing the ḥadarim, than to the education of women, since, as we noted above, the compulsory education of law of 1919, which was in the early stages of implementation, required all Polish boys and girls to attend government certified schools. Agudat Yisrael negotiated repeatedly with the Polish authorities to have the ḥadarim certified, which meant that they needed to include subjects mandated by the Polish ministry of education; otherwise, even more ḥadarim would close. The negotiations with the government concerned how many hours of secular subjects would be taught, and what were those subjects to contain.[36] Formal Torah education for girls was already well underway, partly as a response to mandatory education, the general trend in female education, and the prevalence of alternatives to the ḥeder that attracted Orthodox parents, partly as a response to the weakening of observance among the Orthodox.

When the Ḥafetz Ḥayyim returned to Radin in 1921, he was faced not only with the fait accompli of formal Jewish education for women in Telz, Kovno, and elsewhere, but with the threat to both boys and girls posed by the implementation of universal compulsory education by the State. Unlike in Russia and Lithuania, compulsory education for Jewish girls had been the norm in Galicia, the part of Poland that had belonged to the Austrian Empire until the end of the First World War. Galician Jewish Orthodox girls, bereft of formal Jewish education, had attended Polish private and public schools for decades with disastrous consequences; the same now happened elsewhere in Poland. When, in his footnote, the Ḥafetz Ḥayyim refers to “those [women] who have accustomed themselves to learn to write and speak the languages of the nations” he was, whether aware of it or not, referring to all Jewish girls in the Second Polish Republic, since, as Polish citizens even the strictest Hasidim were required to send their daughters to government certified schools. And unlike the case of their brothers, no Orthodox politicians negotiated with the government to exempt girls from these schools. School attendance for Hasidic girls was a well-entrenched tradition, even among the daughters of the zealots.

It is not surprising that the rabbi who raised the issue of women’s education at the assembly of the Polish Agudat ha-Rabbanim in 1922, Maharam Shapira, hailed from Galicia, where the situation had been bleak for decades. In his survey of the state of Orthodox Jewish education, he first turns to the challenges facing the ḥeder from the mandatory education law, on the one hand, and the attacks from the [Jewish] leftists (smoliyim) on the other. If the Polish government wished to spread general education among the people, it should take into consideration the most necessary requirements of the [Jewish] nation, which is the ḥeder. And if the Orthodox try to accommodate the government’s demands, it can only be in such a way that will not destroy the ḥeder. Most importantly, Orthodox boys need to be exempt from the obligation to attend general schools. And since the ḥadarim will now have to limit somewhat their hours for Jewish subjects, it is important that they be subject to universal standards, and that the instruction be overseen by experts and pedagogues. The Maharam Shapira then turned to the question of the education of girls:

We speak a great deal about the education of girls, which is a very painful subject for us. Our situation has become so bad because we have only taken a little interest in the subject for many years. At the same time as we devoted much of our thought, and always concerned ourselves, whether a lot or a little, with the education of boys, we continued to apply to the girls, “Kol kevudah bat melekh pnimah” as in earlier times, when a Jewish daughter did not come into contact and connections with the marketplace and the public sphere, and with the currents of the time that mostly oppose Yahadut. Then we did not need to give her an antidote and a powerful and effective counterforce against them. (“Whoever teaches his daughter Torah is as if he teaches her tiflut. (Sotah 20a).” Only men had in particular to learn Torah, for they needed the antidote – the countercurrent that repels foreign currents. But the daughter and the Jewish woman sat at home, where only that environment acted educationally upon them, and developed them and made them into true Jewish women and fit Jewish daughters.) We thus did not pay attention that the girls, unarmed and lacking any concept pertaining to Torah and Yahadut, have been taken outside from us into cultures and currents. They have become so educated and raised in the lap of foreign culture and anti-Jewish ways that every “common wind” and light attempt to ensnare their spirits, to penetrate into their souls, to poison and uproot them from their place, have wielded their evil ways upon them.

And we are faced with another grave question, which is strongly related with the education of the daughters, and this is the purity of the daughters of Israel….[37]

The Maharam Shapira diagnoses the illness but does not prescribe the remedy, anyway, not in the written version of his address. But as we saw above, the Assembly subsequently called for the establishment of Jewish schools for girls (supplementary to the general schools which they would attend). Connecting the crisis in the observance of the family purity laws with girl’s lack of education meant that rabbis like the Maraham Shapira understood that female observance of Jewish law could not be taken for granted. The Maharam Shapira also called for the production of Jewish youth literature, including textbooks, for the youth that would be free of all defect, and that would educate them in the spirit of faith and religion. This call was also ratified by the Assembly.

The question of the creation of textbooks that would be appropriate for use in ḥadarim seems to be alluded to in the earlier note in Likkutei Halakhot on Sotah on R. Abbahu’s explanation to R. Eliezer’s prohibition that “once wisdom enters into an individual, cunning enters with it.” The Ḥafetz Ḥayyim writes:

According to this, one should be even more careful not to teach boys and girls flippant writings and romances, which consume their heart and soul. One who reads them regularly is in the category of one who reads external books, who was treated with great severity by our sages, as is in the beginning of Helek (Sanhedrin 90). It makes no difference wheteher they are published in the Holy Tongue or the vernacular. See S. A. Orah Ḥayyim.307:16, and in the Mishnah Berurah ad loc.[38]

While attention in recent years has been focused on the footnote on Torah education for women, the Ḥafetz Ḥayyim’s previous footnote on the education of boys and girls appears to have been entirely neglected. Why would a halakhic authority like the Ḥafetz Ḥayyim be concerned with teaching Orthodox Jewish boys and girls “flippant writings and romances”, i.e., literature written by Poles or by Jewish maskilim? Yet his concern makes sense in the context of the new Polish government’s requirement that general studies be included within the curriculum of the ḥadarim, and also in the context of Orthodox parents sending their children to non-Orthodox Jewish schools, like the Tarbut and Yiddishist schools. Even though the Ḥafetz Ḥayyim acquiesced to the limited introduction of secular subjects in the ḥadarim, we see from this note and the passage below that he insisted that only appropriate books be read by children. That was also the line taken by Agudat Yisrael in its attempts to control the growing popular youth literature, both in lending libraries youth, and in curricular materials for the ḥadarim and the Bais Yaakov schools under its auspices.[39]

In short, underlying both footnotes referring to contemporary matters in the Likutei Halakhot on Sotah are not the challenges of “modernity” in general, but rather the specific challenges facing the Polish Orthodox leadership in the interwar period brought about by the weakening of traditional authority, geographical dislocation, the introduction of universal primary education in the Second Polish Republic, and the attraction of Bundism, Zionism, and Socialism to the youth. Although the weakening of traditional authority, and the phenomena of Orthodox women attending Polish schools predated by decades World War I, the situation after the war threatened the very future of Torah Judaism in the eyes of the Orthodox establishment.

Part III. Other Statements of the Ḥafetz Ḥayyim on Torah Education for Women

In the waning years of his life, the Ḥafetz Ḥayyim returned several times to the question of Torah education for girls. Thus we read in his 1930 “Admonition to Kelal Yisrael”:

There is another principle that every talmid hakham in every town needs to enact, namely, to see to it that there is a kosher ḥeder in which our little sons (and also our little daughters) will be provided a kosher education in the way of the Torah, and not in schools that are full of heresy and sectarianism, which are completely bereft of teaching our holy Torah….

[One should accustom his son to learn the the aggadot of the Talmud…]. But even more one should distance his son from schools in which heresy and sectarianism is taught, where instead of the holy ḥumash, they make up books in which are found only stories of the ḥumash that they have copied without any sense of our Holy Torah – and that’s Torah in its entirety for them And all the laws and mitzvot like in Vayikra and Devarim they denigrate and do not copy. A father must be exceedingly careful not to allow his son to go to such schools where he destroys them with his own hands (and likewise he should be careful to educate his daughters in the way of Torah).[40]

And in a public appeal for the strengthening of religion that that he published in Sivan, 1931:

First of all, we must become fortified with all our strength in the education of boys and girls, to establish for them ḥadarim and kosher schools according to the law of our Holy Torah, not to deviate to the right or the left, or to forego anything of our Holy Torah, and not to allow them to attend such schools as are full of heresy and sectarianism, God save us….”[41]

We have found no mention of the importance of educating girls in the Ḥafetz Ḥayyim’s numerous writings devoted to education before World War I: educating women to observe and appreciate family purity, yes, but not teaching Torah to girls. This changed after the Ḥafetz Ḥayyim’s return to Radin in 1921. Already in 1922 there is abundant reason to believe that the Ḥafetz Ḥayyim’s foonote in Likutei Halakhot on Sota referred to formal Jewish education for girls, which was already well underway. As we noted above, his position was used to justify the establishment of schools for girls by the Agudah’s Keren ha-Torah in 1925. From the 1930s he made his position explicit: teaching Torah to Jewish daughters includes establishing “kosher schools” for them.

So it is hardly surprising that in 1933, when attempts to open a Bait Yaakov school in Fristik (Frysztak), Poland, were met with opposition by the local rabbi, R. Menachem Mendel Halberstam, the Ḥafetz Ḥayyim signed a public approbation of Beit Yaakov in order to convince Jewish parents from the town to send their daughters to the school:

B”H 23 Shevat, Tarzag [= Feb. 19, 1933]

To the worthy lovers and esteemers of Torah, the Godfearing people of Fristik, may the Rock guard them,

When I heard that Godfearing people had devoted themselves to establish in the towns a Beit Yaakov school, in which is taught Torah, the fear of Heaven, morals, and manners, which is Torah for the girls of our Jewish brethren, I addressed their fine action [saying] “May the Lord strengthen them and establish the work of their hands!” For [that action] is a greatly needed matter in these day, when the current of heresy, God save us, reigns in all its force, and all sorts of freethinkers lie in wait to ensnare the souls of our Jewish brethren. Whoever’s heart has been touched with the fear of God is obligated to send his daughter to learn in this school. And there is no room for concern in this day and age for all the apprehensions and doubts arising from the prohibition of teaching one’s daughter Torah. This is not the place to elaborate.

For our generation is not as the earlier ones, for in previous generations each Jewish house had a paternal and maternal tradition to walk in the way of Torah and religion, to read Zeenah u’Reenah every Shabbat. But this is not the case, due to our many sins, in our generation. Therefore we must strive to increase schools such as these and to save everything that we possibly are capable of saving.[42]

The appeal seems to have worked because there was still a Beit Yaakov in Fristik in 1935, according to the list of schools provided by Deutschländer.

* * *

We conclude with a final comment: Some have inferred from the Ḥafetz Ḥayyim’s footnote in Likutei Halakhot and the appeal on behalf of Bais Yaakov schools that in his eyes formal education for girls should be considered “bediavad”, i.e., that in an ideal Jewish world, girls would not need to be taught Torah outside the home. If that is true, then the bediavad status of women’s education is somewhat akin to the bediavad status of the compilation of the Mishnah: in a world without the persecution and dispersion of the Jewish people, Rabbi Judah ha-Nasi would not have had to compile the Mishnah and thereby transgress the prohibition of committing Oral Torah to writing.[43] But the Torah, which is eternal, is adapted by the Torah sages in each generation to the world in which God-fearing Jews live. Formal Torah education for girls became for the Ḥafetz Ḥayyim “in this day and age” a “mitzvah gedolah,” in other words, lekhatkhilah, and his statements on the subject reflect that.

On the other hand, to say that it is a mitzvah gedolah to teach Torah and yirat shamayim to women is not to say that the Ḥafetz Ḥayyim wished to extend the commandment of Talmud Torah to include women.[44] That conflates the commandment of Talmud Torah, which applies only to Jewish men, with the obligation of teaching yiddishkeit to Jewish women through teaching them, inter alia, selections from Tanakh. While the Ḥafetz Ḥayyim emphasizes the former repeatedly and at great length in his writings and public activity, he barely mentions the latter. One need only compare his brief mention of teaching girls “ḥumash, nevi’im, ketuvim” in his footnote in Likutei Halakhot with his frequent statements about the necessity of teaching ḥeder boys ḥumash with Rashi “without skipping anything.” Even after his return to Radin, his public activities on behalf of women’s observance focused mainly on family purity, modesty, shabbat, and kashrut – not girls’ education.

Still, it is no wonder that the conservative Ḥafetz Ḥayyim, who had written numerous tracts to strengthen the observance and piety of Jewish baalei ha-batim and their families, embraced in later years the formal Jewish education of girls. Decades earlier he had called upon literate women to teach their illiterate sisters family purity laws from a book. He was not concerned with expanding the study of Torah among women, as much as expanding its observance and taking its message to their hearts. The Torah these girls were to be taught was a combination of Torah, the fear of heaven, morals, and manners. His goals were similar to that of Bais Yaakov movement, which was not to teach Torah to the daughters of Israel as an intellectual activity, or to make them life-long learners of Torah, but to form their character as religiously observant Orthodox Jewish women.[45]

Notes:

[1] Likute Halakhot on Sotah, 11ab (pp. 21-2). Unless otherwise stated, we have consulted the 1969-1970 edition of R. Menahem Mendel Yosef Zaks (Jerusalem, 1969-1970). This appears to be a reprint of the edition published in Brooklyn 10 years earlier.
[2] “This leniency enabled the opening of the first school of Beit Yaakov.” See Benjamin Brown, “The Baal ha-Bayit: R. Yisrael Meir ha-Cohen, the Ḥafetz Ḥayyim,” in Benjamin Brown and Nissim Leon, ed., Ha-Gedolim’: Ishim she-‘izvu et pene ha-Yahudut ha-haredit be-Yisrael. ed. (Jerusalem: Magnes, 2017), 106-151, esp. 133 (Hebrew)
[3] See Haym Soloveitchik, “Rupture and Reconstruction: The Transformation of Contemporary Orthodoxy,” Tradition, vol. 28, no. 4 (Summer 1994): 106-107 note 6.
[4] M. Yashar, Dos leben un shafn fun Ḥofets Ḥayyim (New York, 137), II, 377, 381.
[5] This is inferred from the celebration in Purim of 1931 of the school’s tenth anniversary.
[6] Yizhak Rafael Ha-Levi Etzion (Holzberg), “The Yavneh Educational System in Lithuania,” in Yahadut Lita (Tel-Aviv, 1972), II, 160-163
[7] According to one graduate of the school, “Chavatzelet’s general studies program was of a high caliber. It was headed by a non-religious woman and the teachers were either gentiles or secular Jews, since it was very difficult for a religious Jew to obtain the degree needed to teach secular studies. The religious studies, however, was not so successful […] The religious studies principal was the only religious faculty member – a Yekke (a German Jew). Under his influence Chavatzelet was conducted in the German manner of Torah im Derech Eretz. He taught us Chumash, Navi, history, and basic Hebrew grammar […] At any rate, the Torah portion of our education took only an hour of the day. The other six hours were devoted to secular studies.” Gutta Sternbuch and David Kranzler, Gutta: Memories of a Vanished World (Jerusalem and New York: Feldheim, 2005), 19-20.
[8] Ibid., pp. 17, 21.
[9] יא) לחנך את הבנות ברוח היהדות וללמוד עמהן מראשית ילדותן מעט מעט דת ומוסר, וכפי רבות שנותיהן כן יוסיפו ללמוד עמהן היובים שעליהן באופן כשיגיעו לפרק נישואין יקבלו בנקל החיובים השייכם לטהרת בנות ישראל, והחברים מחויבים להשתדל שיתיסד בעירם בית ספר מיוחד לזה בעד הנערות. Peratei-kol me-ha-ve‘idah ha-rishonah shel agudat ha-rabbanim be-Folin (Warsaw, January 23-25), published at the end of Kovetz Derushim, Ḥelek Rishon, Kera Sheni, ed. M. Warszawiak and Y. M. Sagaloṿits (Piotrkow, 1924), f. 9b.
[10] Mikhtavim u-maamarim mi-Maran Rabenu ba‘al ha-Ḥafetz Ḥayyim, Ḥelek Bet, ed. Z. H. Zaks (Kol Kitvei ha-Ḥafetz Ḥayyim [Jerusalem, 1990], IV, pp. 83-34)
[11] Leo Deutschländer, ed., Beth Jakob: 1928, 1929 (Frankfurt a. M.: Hermon, 1929), p. 7. Deutschländer cites the footnote and refers to it as a pesak din in Keren ha-Torah’s report on the state of Jewish education delivered at the Second World Assembly (ha-Knesiyal ha-Gedola) of Agudat Yisrael (Vienna, Elul,1929), 44-45. (The full report is available at https://hebrewbooks.org/36599.)
[12] In The Rebellion of the Daughters: Jewish Women Runaways in Habsburg Galicia (Princeton UP, forthcoming), p. 204, Rachel Manekin discusses a 1923 letter from Sarah Schenirer, in which she reveals that she consulted with the Belzer rebbe over whether the girls in her school could stage her play, Judith. Although the rebbe forbade staging it as “uqqat ha-goy,” she expressed the hope that it could be performed as a declamation. From this one may infer that the Belzer rebbe was the school’s rabbinic authority until it came under the auspices of the Keren Ha-Torah of Agudat Yisrael in 1924-1925.
[13] See, for example, the letters in Mikhtavim u-ma’amarim, Ḥelek Bet, 24-39 (Kol Kitvei ha-Ḥafetz Ḥayyim, IV, 24-39), and the kuntres, Torah Or at the end of Kol Kitvei ha-Ḥafetz Ḥayyim, II.
[14] See Likutei Halakhot, Second Introduction, f. 6a-b.
[15] Ibid., f. 7a
[16] Likutei Amarim, ch. 7, pp. 10-12, esp. p. 11 (Kol Kitvei ha-Ḥafetz Ḥayyim III).
[17] The Bar Ilan University Library web catalogue lists a copy of Likutei Halakhot on Zevaḥim with prenumerants, bound with the gemarrah of Zevaḥim, that dates from 1891/2. See R. Aryeh Leib ha-Kohen’s account of the delays in publishing Likutei Halakhot in his biography of his father, Mikhtevei ha-Rav ha-Ḥafetz Ḥayyim, ed. Aryeh Leib ha-Kohen, p. 51, in Kol Kitvei ha-Ḥafetz Ḥayyim, III. R. Aryeh Leib saw his father’s decision to write on Kodeshim, in part, as a reaction to the wave of migration to Eretz Yisrael from Eastern Europe following the expulsion of Jews from Moscow in 1890-1891, and the sense of messianic expectation; see ibid., pp. 38-39.
[18] M. Gellis, Kitvei ha-Ḥafetz Ḥayyim…reshimah bibliografit (Jerusalem, 1984), p. 56. Brown (see n. 2 above) relies on Gellis.
[19] The date also appears in Shoshana P. Zolty, And All Your Children Shall Be Learned: Women and the Study of Torah in Jewish Law and History (Northvale, N.J: J. Aronson, 1993), p. 67, n. 34 (The place of publication is given as “St. Petersburg” rather than Piotrków.) An edition of Likutei Halakhot, Part Two, of R. Natan Sternhartz, was published in Warsaw in 1918-1919; perhaps this explains the confusion
[20] ובה על י״ג מסכתות ששייכים לעניני קדשים והם זבחים ומנחות ותמיד ופסחיס (מפרק תמיד הנשחט עד ערבי פסחים) וחגיגה ויומא ותמיד ותמורה וכריתות ובכורות (שלשה פרקים אחרונים), וערכים ומעילה ונזיר (שגם היא יש בה הדבה ענינים ששייכים לקדשים) וכן שני פרקים הראשונים ממסכת שבועות על כל אלו לקטנו בעניות דעתנו מדברי הרמב״ם מה שהעתיק מהסוגיות לדינא […].וכעת אין חסר מן השס רק איזה מסכתות יתן ד׳ שבמשך הזמן ימצאו בישראל משליטים לכל הש״ס […]
[21] והנה כל זה כתבתי יותר מעשרה שנים ועבר עלינו נדודים הרבה מפני המלחמות וב״ה ששם נפשינו בחיים ולא נתן למוט רגלינו. וכעת שבאתי מן הגולה בשלום לביתי עזרני הש״י ברוב חסדו וטובו בזכות כלל ישראל להשלים הליקוטי הלכות גם על יתר מסכתות של הש״ס שאין עליהם רי״ף ורא״ש (ואלו הן ראש השנה וסנהדרין ומכות והוריות וסוטה ונדה […]) ]. The Ḥafetz Ḥayyim mentions that there are other tractates on which there are no Rif and Rosh, and he suggests that others may come to complete his work. In fact, he himself completed the work and revised the Preface in 1926; the revised Preface was published posthumously as chapter seven (“A Worthy Article on the Study of the Holy Torah”) in Likutei Amarim, pp. 10-12 (In Kol Kitvei ha-Ḥafetz Ḥayyim, III.)
[22] Although Deutschländer writes in his 1929 historical account of Bait Yaakov schools that their legal sanction had been provided “decades ago” (vor Jahrzenten) by the Ḥafetz Ḥayyim in Likutei Halakhot on Sota, he may have been unaware of the publication history of Likutei Halakhot. In any event, he does not repeat the claim in his more detailed Hebrew report, published in the same year. For references see n. 8 above.
[23] ראליעזר אומר כל המלמד את בתו תורה מלמדה תפלות. תיפלות סד אלא כאילו מלמדה תפלותאר אבהו מאי טעמא דרבי אליעזר דכתיב אני חכמה שכנתי ערמה מכיון שנכנסה חכמה באדם נכנסה עמו**) ערמומית. ורבנן האי אני חכמה מאי עבדי ליה מיבעי ליה לכדריוסי ברבי חנינא דאמר רבי יוסי ברח אין דת מתקיימין אלא במי שמעמיד עצמו ערום עליהן שנאמר אני חכמה שכנתי ערמה וממ לדינא אין נדחה מפני זה סברת ראליעזר ונקטינן כן להלכה. וכתבו רבוותא דהיינו דווקא תורה שבעפ אבל תורה שבכתב אף שאין ללמדה ***) לכתחילה ממ המלמדה אינו כמלמדה תפלות וגם מתורה שבעפ הדינים השייכים לאשה מחוייבת ללמוד.
[24] **ונראה דכל זה דווקא בזמנים שלפנינו, שכל אחד היה דר במקום אבותיו, וקבלת האבות היה חזק מאוד אצל כל אחד ואחד, להתנהג בדרך שדרכו אבותיו, וכמאמר הכתוב שאל אביך ויגדך‘; בזה היינו יכולים לומר שלא תלמוד תורה, ותסמוך בהנהגה על אבותיה הישרים. אבל כעת בעוונותינו הרבים, שקבלת האבות נתרופף מאוד מאוד, וגם מצוי שאינו דר במקום אבותיו כלל, ובפרט אותן שמרגילין עצמן ללמוד כתב ולשון העמים, בוודאי מצווה רבה ללמדם חומש וגם נביאים וכתובים ומוסרי חזל, כגון מסכת אבות וספר מנורת המאור וכדומה, כדי שיתאמת אצלם עניין אמונתנו הקדושה; דאי לאו הכי עלול שיסורו לגמרי מדרך ד‘, ויעברו על כל יסודי הדת חו
[25] According to Leo Deutschländer’s report of Keren ha-Torah at the Second Kenesiya Gedolah in Vienna in 1929, between 40 and 50 thousand children had been taken from their parents during the war and its aftermath, and these children had grown up without Torah, ethics, education, and faith. See Ha-Kenesiyah ha-Gedolah ha-Sheniyah shel Agudat Yisrael, ed. Shabbetai Sheinfeld (Vienna, 1929), p. 29. The situation among Polish Orthodox youth led Agudat Yisrael to establish, for the first time in Poland, organizations for the purpose of strengthening the faith and commitment of the younger generation. See Gershon C. Bacon, The Politics of Tradition: Agudat Israel in Poland, 1916-1939 (Jerusalem: Magnes, 1996), 181-141.
[26] Mikhtevei ha-Rav ha-Ḥafetz Ḥayyim, pp. 20-22, in Kol Kitvei ha-Ḥafetz Ḥayyim, III.
[27] Taharat Yisrael, ch. 8, pp. 10-11, esp. 10, in Kol Kitvei ha-Ḥafetz Ḥayyim, III.
[28] See Mikhtevei ha-Rav ha-Ḥafetz Ḥayyim, pp. 53-54, in Kol Kitvei ha-Ḥafetz Ḥayyim, III.
[29] This guide is attributed in the early editions of Geder Olam to a יצחק ברז, who says that they are based on the tract, Dinei Niddah, by Shlomo Zalman Lifschutz, the authors of the Ḥemdat Shelomo on the Shulhan Arukh. יצחק ברז is likely the Ḥafetz Ḥayyim’s close associate in Warsaw, R. Isaac b. Zeev (“Itche”) Grodzienski. According to R. Aryeh Leib Kagan, R. Grodzienski translated Geder Olam into Yiddish in a second printing, in 1890, which explains why the name Isaac is on the title page. However, the first 1889 edition also has both Yiddish and Hebrew and more to the point, subsequent editions remove all mention of Isaac. Since the the Yiddish appears in two other books by the Ḥafetz Ḥayyim printed under his own name, one assumes that the Yiddish translation, too, was the work of the Ḥafetz Ḥayyim, perhaps in partnership with R. Grozdienski
[30] The reference to the Dinei Niddah of the Ḥemdat Shelomo is omitted in these works. The Yiddish is absent from R. Zaks’ edition, which also omits the chapter on family purity in Geder Olam. It was not unusual for the Ḥafetz Ḥayyim to reuse parts of his kuntresim.
[31] Geder Olam (Warsaw 1889), f. 19 ,p. 37.
[32] Arukh ha-Shulhan (Jerusalem, 1969), VI, f.18, p. 35.
[33] Eitam Henkin, “The Books of the Arukh ha-Shulhan – The Order of Their Composition and Their Publication,” Ḥitzei Giborim –Pleitat Soferim, vol. 7 (2014): 515-536, esp. 516 (Hebrew), available online here (https://tinyurl.com/y8t7a7ncThis).
[34] Ed. 1895, 15a, p. 29
[35] For the Yiddish address, with Hebrew translation, see Kol Kitvei ha-Hafetz Ḥayyim III, 171-174.
[36] For an account of these negotiations, and the “quiet revolution” in Orthodox education, see Bacon, The Politics of Tradition, pp. 147-177.
[37]מדברים אנו הרבה עד חנוך הבנות, שהוא אצלנו שאלה מכאבת מאד. מצב הענין הזה רע אצלנו כל כך משום שאך מעט מזעיר התענינו בו שנים הרבה, בה בשעה שעל אודות חנוך הבנים הרבינו לחשוב מחשבות ולהתעניין בו תמיד ברב או במעט, השארנו הבנות על חשבון כל כבודה בת מלך פנימה“, כבשנים קדמוניות, בשעה שבת ישראל לא באה כל כך ביחס וקשור עם השוק ורשותהרבים, עם זרמי העת המתנגדים לרוב להיהדות ולא היינו צריכים גכ לתת לה איזו תבלין וכחמנגד חזק נגדם. (‘כל המלמד את בתו תורה כאילו למדה תפלותתורה היו צריכים ללמוד ביחוד רק הגברים, שהיו נחוצים להם תבלין, זרםמנגד ודוחה לזרמים הזרים, אולם הבת והאשה הישראלית ישבו להן בביתן, במקום שרק הסביבה פעלה עליהן פעולה חנוכית ופתחה ועשתה אותן לבנות ישראל כשרות ויהודיות אמתיות). לא שמנו אפוא את לבנו לזה, כי גם הבנות מוצאות לחוץ, ברשות הרביות וזרמים זרים המזורה לרגליהן, בהיותן אימזוינות, בלי היות להן כל מושג בתורה ובהיהדות, נתחנכו ונתגדלו בחיק תרבות זרה, ודרכים אייהודיים, וכל רוח מצויוכל נסיון קל לצודד נפשותיהן ולחדור לתוך נשמותיהן ולהרעיל ולעקרן ממקומן – פעלו עליהן את פעולתם הרעהץ עומדות לפנינו עוד שאלה חמורהת הקשורה בקשר אמיץ עם חנוך הבנות והיא טהרת בנות ישראל.
[38] **) הערה ולפז כש שיש ליזהר מללמד להנערים והנערות כתבי לצון ובדברי חשק שזהו ממש מכלה לבן ונפשן והמרגיל עצמו בזה הוא בכלל הקורא בספרים החצונים שהחמירו החכמים מאוד בזה כדאיתא בריש פרק חלק (סנהדרין דף צ) ואין נמ אם הם נדפסות בלשהק או בלשון לעז ועיין בשוע אוח בסימן שז סטז ובמב שם.
[39] The Maharam Shapira, in the aforementioned address to the Polish Agudat ha-Rabbanim, also remarks on creating appropriate literature for Jewish youth.
[40] עוד ישנו עיקר גדול שעל כל התח שבכל עיר לתקן והוא לראות שיהבעירו חדר כשר שבו יתחנ כובנינו הקטנים (וגם הבנות הקטהות שלנו) בחינוך כשר בדרך התורה ולר בבתי ספר כאלו המלאים כפירה ומינות שאין בהם שום זכר ללמוד תורהקאבל ביותר צריך להרחיק את בנו מבתי ספר כאלו שלומדים שם כפירה מינות, שבמקום החומש הקדוש המציאו ספרים כאילו שבהם נמצאו רק סיפורי החומש שהעתיקו אותם בלי שום טעם וריח של תורהק, וזה להם כל הצורה כולה. וכל דיני התורה והמצוה כמו ספר ויקרא וספר דברים בזו להם ולא העתיקם כללומאד מאד יזהר האב, מלהניח את בניו ללכת לבתי ספר כאלה שהוא מאבד בידים את בניו (והה גם בנותיו יזהר לחנכן בדרך התורה) Mikhtavim u-ma’amarim, Ḥelek Bet, pp. 56-57 (Kol Kitvei ha-Ḥafetz Ḥayyim, IV). For the Ḥafetz Ḥayyim’s attack on the “methods” pedagogy of the non-Orthodox Hebrew schools, see Ḥomat ha-Dat, pp. 20, 52-55 (Kol Kitvei ha-Ḥafetz Ḥayyim, II), and his 1927 appeal against teaching the Bible in this fashion in Mikhtevei ha-Rav ha-Ḥafetz Ḥayyim, pp. 24-26 (Kol Kitvei ha-Ḥafetz Ḥayyim, III)
[41]ראשית הדבר,עלינו להתחזק בכל כחנו בענין חנוך הבנים והבנות,ליסד עבורם חדרים ובתי ספר כשרים כדין תורהק, שלא להטות ימין ושמאל ושלא לוותר על שום דבר מתורהק ולא להניחם ללמוד בבתי ספר כאלו, מלאים כפירה ומינות, רל…. “Appeal for the Strengthening of Religion,” in Mikhtevei ha-Rav ha-Ḥafetz Ḥayyim, p. 99 (Kol Kitvei ha-Ḥafetz Ḥayyim, III).
[42] בה, יום כג לחודש שבט תרצג אל כבוד האלופים הנכבדים חובבי ומוקירי תורה החרדים לדבר האשר בעיר פריסטיק ני. כאשר שמעתי שהתנדבו אנשים יראים וחרדים לדבר דליסד בערים ביס בית יעקבללמוד בו תורה וירש מידות ודרך ארץ זו תורה לילדות אחינו בני ישראל. אמרתי לפעלם הטוב יישר דחילם ומעשה ידיהם יכונן כי ענין גדול ונחוץ הוא בימינו אלה. אשר זרם הכפירה רל שורר בכל תקפו והחפשים מכל המינים אורבים וצודים לנפשות אחבי וכל מי שנגעה יראת דבלבבו המצוה ליתן את בתו ללמוד בביס זה וכל החששות והפקפוקים מאיסור ללמד את בתו תורה אין שום מיחוש לזה בימינו אלה. ואין כאן המקום לבאר באריכות. כי לא כדורות הראשונים דורותינו אשר בדורות הקודמים היה לכל בית ישראל מסורת אבות ואמהות לילך בדרך התורה והדת ולקרות בספר צאינה וראינהבכל שבת קודש מה שאין כן בעוונותינו הרבים בדורותינו אלה. ועל כן בכל עוז רוחנו ונפשנו עלינו להשתדל להרבות בתי ספר כאלו ולהציל כל מה שבידינו ואפשרותנו להציל. הכותב למען כבוד התורה והדת ישראל מאיר הכהן, in Mikhtavim u-ma’amarim, Ḥelek Bet, pp. 24-39 (Kol Kitvei ha-Ḥafetz Ḥayyim, IV).
[43] See Mishneh Torah, Introduction. Although Rambam does not say explicitly that the compilation of the Mishnah was a violation of the prohibition of writing Oral Torah down, he suggests that the compilation was a novelty required by the travails of the time. For a look at this question see Michael Wygoda, “‘You Are Not Permitted to Write Down Oral Statements,’ On the Development of a Forgotten Halakha,” Dimuy 26 (1996): 48-63 (Hebrew).
[44] Cf. Benjamin Brown, “The Value of Torah Learning in the Ḥafetz Ḥayyim’s Writings and His Ruling on Women’s Torah Learning,” Diné Yisrael, vol. 24 (2007): 79-118, esp. 116-11
[45] For this see Manekin, The Rebellion of the Daughters, 182-235.