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Tikkun Olam Revisited

Tikkun Olam Revisited
Shmuel Lesher 

Shmuel Lesher is the assistant rabbi of the BAYT in Toronto, Canada. You may reach him at shmuel.lesh@gmail.com.

Tikkun Olam, translated as either “healing the world” or “repairing the world” is a phrase that evokes a variety of reactions today. This two-word Hebrew phrase has become known to many even outside of the Jewish world as the Jewish term for social action. In fact, while President of the United States, Barak Obama invoked tikkun olam in a speech he delivered in Israel in 2013.[1]

Notwithstanding the terms’ acclaim, there have been those who have severely criticized its popularity. In 2018, Jonathan Neumann, in his book To Heal The World? How the Jewish Left Corrupts Judaism and Endangers Israel writes that the “tikkun olam movement” (a term he coined) is one that is born out of a rejection of traditional Jewish law and practice is synonymous with a politically leftist agenda. In his words:

Tikkun olam has no basis in Judaism. It was conceived by Jews who rejected the faith of their fathers and midwifed by radicals who saw it as a pretext to appropriate Jewish texts and corrupt Jewish rituals — such as the Pesach Seder — to further political ends. Tikkun olam represents…for all the talk of liberation, the enslavement of Judaism to liberal politics.[2]

Neumann argues that the current popularity of tikkun olam actually undermines Jewish peoplehood and “gives sanction to Anti-Zionism and assimilation.”[3]

Neumann is right and he is wrong. He is right that many have used tikkun olam to further their own political agenda without much of a basis in traditional Torah sources. He is also correct to challenge those who have jumped onto the tikkun olam bandwagon. As none other than Rabbi Jonathan Sacks, a vocal advocate for tikkun olam and social action himself, has noted, for some, “social justice has become a substitute for religious observance or G-d.”[4]

This trend is further evidenced by Jack Wertheimer, a professor of American Jewish history at the Jewish Theological Seminary of America and its former provost:

The large majority of non-Orthodox Jews have internalized a very contemporary set of values and ways of thinking about ethical decision making indistinguishable from those of their non-Jewish peers. They have been encouraged in this direction by religious leaders who invented a new commandment in the 1980’s — the injunction to engage in tikkun olam…Whatever act a Jew undertakes in a well-meaning way has come to be seen as an act of tikkun olam.”[5]

However, Neumann is wrong to assert that tikkun olam, a concern for the welfare of general society, has no basis in Judaism. 

Granted, as R. Jonathan Sacks has argued in the context of “progress” and Judaism’s view of social justice, “It is anachronistic to read back into ancient sources ideas that made their appearance centuries later.”[6] Some of the literature on tikkun olam suffers from this mistake. It is intellectually dishonest for an author to use the term “tikkun” used in Kabbalah and Jewish mysticism, or in the Aleinu prayer, “li-taken olam bi-malkhut shakay,” a hope for a world devoid of idol worship that recognizes one single G-d, and repurpose it to support the cause of feeding the hungry, universal health care, caring for those who suffered from AIDS, and other social justice causes.[7] Neumann is certainly on point by noting that the usage of the term “mipnei tikkun ha-olam” in the Talmud and in most of rabbinic literature refers to rabbinic enactments specifically for the Jewish community and not for the betterment of society at large – a far cry from the way in which the concept is used in Jewish social justice activism.[8] However, if one looks beyond the technical usage and context of this one term, there are certainly traditional sources for the importance of Jewish involvement in the betterment of general society.

A Light Unto the Nations

When one takes a look at the sources, from the Talmud until the contemporary halakhic literature, it is clear that the recognition that the Jewish people is charged with the improvement of mankind as a whole has widely been accepted among rabbinic scholars.[9]

There is a Breita (a Tannaic teaching) cited in Gittin (61a) that states that Jews are to support the gentile poor, visit their sick, and bury their dead along with the dead of Israel, and maintain their poor “mipnei darkei shalom, for the ways of peace.” Whereas some authorities interpret this phrase to mean that we adopt a non-discriminatory policy for these social issues in order to avoid non-Jewish animosity,[10] Rambam appears to see a far-reaching principle in the Mishnah. When codifying this law, his formulation is instructive:

Even with respect to Gentiles, our Sages admonish us (tzivu hakhamim) to visit their sick, bury their dead along with the dead of Israel, and maintain their poor as well as the Jewish poor in the interests of peace (mipnei darkei shalom). Behold it is written, “The L-rd is good to all, and His mercies are over all His works” (Psalms 145:9). It is also written, “Its ways are ways of pleasantness and all its paths are peace (vikhol netivoseha shalom)” (Proverbs 3:17).

Rambam is advocating for a positive obligation given to the Jewish community by Hazal to engender peace with non-Jews. Complementing this, Rabbeinu Bahya writes that “tzedek tzedek tirdof”, “one should chase after justice” (Deuteronomy 16:20) includes our obligation to act justly with non-Jews as well.[11]

Rabbi Elazar and Rabbi Yoḥanan state in Pesahim (87b) based on a verse in Hoshea (2:25), that the purpose for the exile of the Jewish people among the nations was so that converts would join them. The Maharsha interprets this to mean not to proselytize, but rather “to spread faith among idol worshipers.”[12] These sources clearly demonstrate a legal and moral concern for the nations of the world.

Going even further, Rabbi J. David Bleich notes, “There are sources indicating that the divine intent is that…the nations of the world adopt the standards that are normative for Jews.”[13] R. Bleich cites the positions of Rabbi Yaakov Ettlinger, the author of the Arukh Laner, Rabbi Samson Raphael Hirsch, and Rabbi Naftali Tzvi Yehuda Berlin, or the Netziv, in support of his thesis.

The Netziv, in a number of places, emphasizes the Jew’s obligation towards general society. In the introduction to Shemot in his Ha-amek Davar, he writes, “It is Hashem’s desire that [gentiles] study Scripture and for that reason [He] commanded it be translated into seventy languages.”[14] Netziv comments on the character of our Patriarchs who “conducted themselves with nations of the world, even…idolaters…with love and with concern for their benefit since that is what sustains creation.”[15] He also writes of the concept of being a “light unto the nations.”[16] In his words, “Israel was created to be an illumination to the nations [of the world] and to cause them to achieve knowledge of Hashem.”[17]

R. Ettlinger interprets the same concept of the Jewish people being a light unto the nations, as serving as a moral example to which they should aspire.[18] R. Ettlinger’s student, R. Samson Raphael Hirsch writes at length of the Jewish people’s obligation to serve as a moral example for all of mankind.[19]

In his landmark 1964 essay on interfaith dialogue, Rabbi Yosef Dov Soloveitchik writes of the double confrontation we face with those outside of our faith community:

We Jews have been burdened with a twofold task: we have to cope with the problem of a ‘double confrontation.’ We think of ourselves as human beings, sharing the destiny of Adam in his general encounter with nature, and as members of a covenantal community…In this difficult role, we are summoned by G-d, who revealed himself at both the level of universal creation and that of the private covenant, to undertake a double mission — the universal human and the exclusive covenantal confrontation.[20]

R. Soloveitchik refers to the Jewish commitment towards society, the “universal human covenant” as the “story [the non-Jewish faith community] already knows.” In his words:

We are human beings committed to the general welfare and progress of humanity, that we are interested in combating disease, in alleviating human suffering, in protecting man’s rights, in helping the needy, etc. – but also what is still unknown to it, namely our otherness as a metaphysical covenantal community.[21]

Notwithstanding the many Torah sources cited above supporting a commitment to the general welfare of society, as well as R. Soloveitchik’s words themselves, I have a feeling that this story is regrettably not known to many, neither in the non-Jewish faith community or in our community. [22]

The Seven Noahide Laws

The Talmud in Sanhedrin (56a) states that non-Jews are obligated in the seven Noahide laws. The Rambam emphasizes a Jew’s obligation to encourage non-Jews to adhere to the seven Noahide laws in the land of Israel.[23] In fact, the Rambam writes that the Jewish courts are obligated to establish judges for non-Jewish residents in order to enforce adherence to the Noahide Laws.[24]

Some contemporary poskim have strongly cautioned against publicizing and encouraging non-Jews to observe the Noahide Laws. Rabbi Moshe Sternbuch was staunchly opposed to Jews in any way encouraging non-Jews to observe the Noahide laws.[25] Although less adamant than R. Sternbuch, Rabbi Moshe Feinstein writes that, although it is permitted to teach the Noahide Laws to gentiles, it best not to publicize this.[26]

Rav Yosef states in Bava Kama (38a) that Hashem saw that the nations of the world were not observing the Noahide laws and therefore, He revoked the prohibitions and permitted them. Based on a number of verses, the Gemara connects Rav Yosef’s statement to the moment in history when Hashem chose to give the Torah to the Jewish people. There are a variety of explanations offered for this passage in the Talmud. The Hatam Sofer cites a ruling of the Pnei Yehoshua who explains this passage to mean that after the giving of the Torah, there is no obligation whatsoever for Jews to influence non-Jews to observe the Noahide Laws as they are no longer commanded to keep them.[27]

However, the Hatam Sofer himself disagrees and posits that the when Rav Yosef stated Hashem permitted the Noahide laws, he only meant to say that non-Jews no longer receive reward for their obligated observance of the Noahide laws, rather they receive reward like an “eino metzuveh,” someone who is not commanded, however they are still punished for violating what they are obligated in.[28] According to this reading of the Gemara, one could still argue that Jews should still encourage the observance of the Noahide Laws. 

Rabbi Yosef Dov Soloveitchik, although not an advocate of interfaith dialogue within a religious context, somewhat surprisingly, does support teaching the Noahide laws:

The Torah was not given to non-Jews directly, but the Almighty has offered it to all of mankind indirectly, as a promise, a vision, an eschatological expectation, the ultimate end of history. The Torah was given to us so many millennia ago. Our task was and still is to teach Torah to mankind, to influence the non-Jewish world, to redeem it from an orgiastic way of living, from cruelty and insensitivity, to arouse in mankind a sense of justice and fairness. In a word, we are to teach the seven mitzvot that are binding on every human being.[29]

The strongest case for a Jew’s obligation to encourage non-Jewish observance of the Noahide laws can be found in the writings of Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, whose approach to social action will be analyzed in depth below. In a letter to Chaplain Brigadier General Israel Drazin, the Rebbe emphasized the importance of the Noahide laws and the Jewish community’s obligation to encourage the observance of these commandments.[30]

The Lubavitcher Rebbe: A 20th Century Hasidic Socio-Mystical Thinker and Social Activist 

One contemporary Jewish thinker who took an active role in general society stands in a league of his own — the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson. One would be hard-pressed to find a better example in the 20th century of someone who was both staunchly committed to authentic Torah values and at the same time dedicated to the betterment of general society than the Lubavitcher Rebbe. The Rebbe developed a comprehensive, holistic, and deeply spiritual mandate for what sociologist Philip Wexler refers to as the “resacralization” of society. 

The Re-enchantment and Resacralization of Society

Borrowing from a term coined by Abraham Maslow, Wexler argues that today’s culture is in dire need of “resacralization,” a process of reintroducing values, creativity, emotion, and ritual into society. Instead of the social sciences and education in general assuming a totally secularized approach to the world, according to Wexler, we have now reached, what he deems to be, a post-secular era that demands a paradigm shift and a resacralization.[32]

Menorahs in the Public Square

The Rebbe’s campaign for the public lighting of Hanukkah menorahs is likely the most visible example of the Rebbe’s mission to bring spirituality, light, and a moral awareness to society at large. The public lighting of a giant menorah began in 1974 at the foot of Philadelphia’s Liberty Bell. By the late 1970’s, the practice began to gain visibility and traction. In fact, in 1979, President Jimmy Carter left a one-hundred-day self-imposed seclusion during the Iran hostage crisis in order to light the Chabad menorah in front of the White House.[33] But the Rebbe’s activities did not go without objections. In 1978, Rabbi Joseph Glaser, the head of the Central Conference of American Rabbis (CCAR), the organization of Reform Rabbis, penned a letter to the Rebbe criticizing the public display of religion:

It has come to my attention that the Lubavitcher Chassidim are erecting Hanukkiot and holding religious services in connection therewith on public property in various locations throughout the United States. This is as much a violation of the constitutional principle of separation of church and state as is the erection of Christmas trees…It weakens our hands when we protest this institution of Christian doctrine into the public life of American citizens and thus, it is really not worth the value received.[34]  

In an additional letter, Glaser indicates the future legal efforts that were to come to the fore to stop the Menorah Campaign.[35] He ends his letter with an appeal to the Rebbe to end the menorah lightings immediately.[36] In the Rebbe’s response, he notes that there has already been positive acclaim observed over a number of years as a result of the menorah lightings:

The fact is that countless Jews in all parts of the country have been impressed and inspired by the spirit of Chanukah which has been brought to them, to many for the first time.[37] 

Regarding the constitutional issue, an issue that emerged a number of times throughout his career, the Rebbe was more forceful and unequivocal:

I can most assuredly allay your apprehension on this score. I am fully certain that none of those who participated in or witnessed the kindling of a Chanukah Lamp in a public place (and in all cases permission was readily granted by authorities) felt that his or her loyalty to the Constitution of the U.S.A. had been weakened or compromised thereby…seeing that the U.S. Congress opens [its daily sessions] with a religious invocation…and surely the U.S. Congress, comprising each and every state of the Union, is the place where the Constitution…should be most rigidly upheld.[38]

In his final letter to the Rebbe, Glaser makes a new argument, one that may be quite surprising to today’s reader. Glaser notes that the Rebbe sees some intrinsic value in having Jews attend a public menorah lighting. Glaser counters, “Ultimately the survival of Judaism depends on the home.” It is there that the menorah should be lit. Having people observing the ceremony in public constitutes a “flamboyant religious exercise instead of sacred home ritual.”[39] It is more than ironic that a major figure in the very movement that champions contributing to general society as their raison d’etre, hence the centrality of tikkun olam, claimed that Judaism’s rituals should be relegated to the Jewish home. 

Although it is not explicitly stated in the Glaser correspondence, the Rebbe’s advocacy of menorah lighting was rooted in his deeper conviction in the crucial role religion must play for society as a whole. In a 1990 worldwide menorah-lighting satellite event the Rebbe made this clear:

G-d gave each of us a soul, which is a candle that He gives us to illuminate our surroundings with His light…We must not only illuminate the inside of homes, but also the outside, and the world at large.[40]

The Educational Model of The Lubavitcher Rebbe

Building on the social theories of Max Weber and Emile Durkheim, Wexler argues in his groundbreaking work Social Vision: The Lubavitcher Rebbe’s Transformative Paradigm for the World, that religion, and specifically the socio-mystical community model of Habad Hasidim, has the potential to usher in a new social paradigm for society today.[41]  Wexler documents that the Rebbe’s educational program provided the foundation for an all-encompassing revision of social policy and social life in the United States.[42]

The Lubavitcher Rebbe’s educational agenda made its way into the public square when in 1978 President Jimmy Carter acted upon a congressional resolution to declare R. Schneerson’s 76th birthday “Education Day, U.S.A.,” recognizing the Rebbe’s commitment to general education in the United States for over three decades. 

This was a reflection of the active role the Rebbe took throughout his life in the advancement of education in American society. In 1960, R. Schneerson sent a four-person delegation to the White House Conference on Children and Youth where they argued that “children and youth be granted greater opportunities for specific religious education.”[43] A decade later, a fuller memorandum of Lubavitch policy proposal was entered into the Congressional Record. Here, the Rebbe’s vision for education in the United States is sharply articulated:

An educational system must have a soul. Children are not computers to be fed a mass of informational data, without regard for their human needs for higher goals and ideals in life.[44]

Yet, the Rebbe did not stop at what was taught in the classroom. His approach to educational policy is that it is equally important for an educational model to impact the homes, streets, and the entire social context of the students. According to Wexler, in the new social ethos of Hasidism, as conceived by R. Schneerson, lies an alternative to our current educational system. In such a model, using Wexler’s terminology, pedagogy can be seen as “initiatory, awakening, interactive…imaginative divinization.”[45]

The Non-Denominational Prayer 

The Rebbe’s view of the paramount importance of an education with a soul was given concrete expression in his advocacy for non-denominational prayer in public school classrooms in the United States. In 1962, in the Supreme Court case Engel v. Vitale, this proposition was deemed unconstitutional.[46] The case sparked a great level of controversy about the nature of education in America and how schools should best negotiate the separation of Church and State. Many Jewish groups applauded the decision of the courts.[47] However, the Rebbe, in two powerful letters, one written in 1962 and one in 1964, made his position clear. I cite excerpts of the 1964 letter below at length because I feel it clearly shows the Rebbe’s passion about this issue:

Let me assure you at once that my view… [has] not changed…On the contrary, if there could have been any change at all, it was to reinforce my conviction of the vital need that the children in the public schools should be allowed to begin their day at school with the recitation of a non-denominational prayer, acknowledging the existence of a Creator and Master of the Universe, and our dependence upon Him. In my opinion, this acknowledgment is absolutely necessary in order to impress upon the minds of our growing-up generation that the world in which they live is not a jungle, where brute force, cunning and unbridled passion rule supreme, but that it has a Master Who is not an abstraction, but a personal G‑d; that this Supreme Being takes a “personal interest” in the affairs of each and every individual, and to Him everyone is accountable for one’s daily conduct.

Juvenile delinquency, the tragic symptom of the disillusionment, insecurity and confusion of the young generation, has not abated; rather the reverse is the case…The remedy lies in removing the cause, not in merely treating the symptoms. It will not suffice to tell the juvenile delinquent that crime does not pay, and that he will eventually land in jail (if he is not smart enough?). Nor will he be particularly impressed if he is admonished that law-breaking is an offense against society. It is necessary to engrave upon the child’s mind the idea that any wrongdoing is an offense against the Divine authority and order.

According to the Rebbe’s shrewd analysis, for most people, well-reasoned argumentation or rational decision making, is simply not enough of a foundation to compel the observance of universal moral standards. A deep and lasting moral sensibility is best cultivated through a more basic socio-spiritual sense of a personal relationship with the all-knowing G-d.[48] 

The Rebbe was also a realist. He understood that if society was to change, it would not be enough to relegate his prayer to places of worship or synagogues. Prayer had to be brought to the masses, and especially to the children:

At first glance this seems to be the essential function of a house of prayer and of the spiritual leaders. However, anyone who does not wish to delude himself about the facts of house of prayer attendance, both in regard to the number of worshippers and the frequency of their visits, etc., etc., must admit that shifting the responsibility to the house of prayer will not correct the situation. Nor can we afford to wait until the house of prayer will attain its fitting place in our society, and in the life of our youth in particular, for the young generation will not wait with its growing-up process.

Children have to be “trained” from their earliest youth to be constantly aware of “the Eye that seeth and the Ear that heareth.” We cannot leave it to the law-enforcing agencies to be the keepers of the ethics and morals of our young generation. The boy or girl who has embarked upon a course of truancy will not be intimidated by the policeman, teacher or parent, whom he or she thinks fair game to “outsmart.” Furthermore, the crux of the problem lies in the success or failure of bringing up the children to an awareness of a Supreme Authority, Who is not only to be feared, but also loved. Under existing conditions in this country, a daily prayer in the public schools is for a vast number of boys and girls the only opportunity of cultivating such an awareness.

The Rebbe wholeheartedly believed in the civic utility of prayer. In his view, a more prayerful and soulful education for America’s youth would lead to a more moral America. Accordingly, the Constitution should not be a barrier to the best interests of the country:

To oppose non-denominational prayer “on constitutional grounds” is, in my opinion, altogether a misunderstanding or misrepresentation of the problem. The issue is: Whether a non-denominational prayer wherewith to inaugurate the school day is, or is not, in the best interests of the children. If the answer is “yes,” then obviously it should be made constitutional, for there can be no difference of opinion as to the fact that the Constitution has been created to serve the people, not vice versa.[49]

Following the establishment of “Education Day, U.S.A.” in 1978, the Rebbe delivered a talk at a farbrengen in his Brooklyn synagogue to mark the occasion. In this address, the Rebbe stated that the Torah requires Jews to pay attention to the nation’s educational concerns and not merely to ensure that their own community’s educational needs are met.[50]

In an even broader vision, the Rebbe advocated strongly for a new and independent department of education. Well ahead of his time, the Rebbe encouraged the raising of teacher’s salaries and more federal spending to improve the public schools. He believed this would in turn cause diminishing expenses in the penal system, crime prevention, health and welfare. In the Rebbe’s words, “A morally healthy, strong and united nation is in itself a strong deterrent against any enemy.”[51] Remarkably progressive, as part of his broad vision for a healthy and morally strong society, the Rebbe also advocated for criminal justice reforms, creating alternative energy sources, especially solar energy.[52]

The Moment of Silence Initiative 

Later, in 1981, after the election of Ronald Reagan to the presidency, the debate over the non-denominational prayer took off once again. In May 1982, Reagan proposed an amendment to the constitution that would support non-denominational prayer. While the Rebbe supported this, he understood that it would be the subject of much debate and may never be enacted. Therefore, at this time he vied for the establishment of a daily moment of silence in the public schools which he thought had the potential to gain more support. 

In a 1983 talk the Rebbe delivered, he voiced his support for a moment of silence and also stressed the need for parents to contribute to their children’s education:

The actual situation in this country is that parents have no time — and even those who do have the time do not have the patience — to invest themselves in the education of their children.[53]

The Rebbe’s solution to this was a moment of silence each and every morning in school before classes or instructions began. According to Wexler and other scholars, the moment of silence initiative created an opening for a post-secular turn in education. According to the Rebbe, the teacher’s role during the moment of silence is not to fill it with educational content but rather to “empower the students to go beyond all the normative axioms of education and find their own ways to make good use of an educational opportunity of an entirely different sort.”[54] More broadly speaking, the Rebbe’s support of the moment of silence represents his universalization of contemplative prayer within broader society. Here again we see a shift within the Rebbe’s worldview, of how a successful educational model is to be imagined.

The Contemporary Scene

The Lubavitcher Rebbe notwithstanding, R. J. David Bleich has noted that most community activities done on behalf of tikkun olam have been done in the non-Orthodox camp. He attributed the apparent neglect of broader social causes in the Orthodox community to their manifold commitments to intra-communal values such as Jewish Education, Kashrus, and other important religious activities that take up much time, energy, and attention.[55]

While it may be true that the Orthodox community has a variety of additional community causes that vie for their attention not held by their non-Orthodox brethren, I believe there is a deeper reason for the Orthodox community’s hesitation about involvement in social action. For thousands of years, the Jewish people have been the victims of discrimination, oppression, and antisemitism from the non-Jewish world. This tragic history has caused us to collectively develop a form of communal isolationism as a defense mechanism. Perhaps this is why, on the whole, and understandably so, more traditional communities have generally steered away from taking any active role in promoting religion or values in the public square. 

A few notable exceptions should be made. R. Jonathan Sacks is a towering exception to this rule. A central theme within the career and thought of R. Sacks is the belief in Judaism’s ability and obligation to influence general society. R. Sacks argued that, if understood properly, religion, and particularly Judaism, can be a source of developing a shared and collective vision for society at large.[56] Often in his writings, he emphasized the importance of religion on the world stage arguing that “a Judaism divorced from society will be a Judaism unable to influence society or inspire.”[57] 

There have been others as well. The chief rabbi of South Africa, Rabbi Warren Goldstein has worked to bring the voice of religion and values into the public school system in South Africa. In 2008, as part of the National Religious Leaders Forum, he played a major role in drafting a “Bill of Responsibilities for South African Youth.”[58] However, these exceptions prove the rule. For the most part, the frum community has not taken an active role in the betterment of society at large. 

Although this is understandable, considering our troubled history with society at large, there can be some collateral damage. Over twenty years ago, Rabbi Berel Wein told interviewer and author Faranak Margolese of the book Off the Derech, that he sees a lack of interest in general society and its issues as a contributing factor for today’s youth leaving a life of Torah and mitzvot. In his words:

To a great extent, I think one of the greatest problems that Orthodoxy faces is that it doesn’t promise anything. It should. On an individual basis perhaps it does; but [not] on a national basis. I mean let’s say everybody would vote for the Orthodox parties tomorrow. What would be its platform? What are we going to do? We have no idea. The Torah [has ideas], but someone has to articulate them. What’s our attitude toward labor unions? What’s our attitude toward the poorer section of society? Toward the Arabs? Toward anything? So now the attitude is: do Torah and mitzvot. But doing Torah and mitzvot is not a foreign policy and it’s not a domestic policy either. We don’t promise anything to anyone…We don’t say that we are going to fix the world; we don’t say those things even though it is part of our heritage, even though that’s part of Torah. We don’t express it. It could be the reason we don’t is that we have been under attack for so long; we have been the minority of a minority so we can’t afford grandiose dreams. But I think that if we don’t express grandiose dreams, we doom ourselves to remain the minority within the minority.”[59]

If as a community, we do not want to remain “the minority within the minority,” devoid of any public policy at the national or global level, it would do us well to consider an alternative model. Tikkun Olam, perhaps more accurately understood as care and concern for the society in which we live, is not our only priority. However, following the Lubavitcher Rebbe’s example, more attention must be placed on it. In the last century, Orthodox leaders and public figures, including the Rebbe, R. Sacks, and R. Goldstein have made significant contributions to betterment of general society but there is still more work to be done.

[1] “Remarks of President Barack Obama To the People of Israel at the Jerusalem International Convention Center in Jerusalem” Obamawhitehouse.archives.gov (March 21, 2013).
[2]
Jonathan Neumann, To Heal The World? How the Jewish Left Corrupts Judaism and Endangers Israel (All Points Books, 2018), xvi-xvii.
[3] Ibid. xvii.
[4] R. Jonathan Sacks, To Heal a Fractured World (Schocken, 2005), 9.
[5] Jack Wertheimer, The New American Judaism (Princeton University Press, 2018), 41. Also see Paul David Kerbel, “The Tikkun Olam Generation,” Conservative Judaism 61(3) (January 2010), 88-91. For more on the misuse of the term, see Rabbi Yitzhak Aharon Korff, “The Fallacy, Delusion and Myth of Tikkun Olam,” Jewish News Syndicate (June 3, 2013) (https://www.jns.org/the-fallacy-delusion-and-myth-of-tikkun-olam/).
[6] R.
Sacks, To Heal a Fractured World 78-79.
[7] Jane Kanarek, “What Does Tikkun Olam Actually Mean?” In Or N. Rose, ‎Jo Ellen Green Kaiser, ‎Margie Klein (ed.), Righteous Indignation: A Jewish Call For Justice (Jewish Lights Publishing, 2008), 19-22.

With regards to Aleinu, Mitchell First argues that a very strong case can be made that the word “letaken” in the original version of Aleinu was actually written with a khaf (meaning to establish the world under G-d’s sovereignty), and not with a kuf (meaning to perfect/improve the world under God’s sovereignty). See Mitchell First, “Aleinu: Obligation to Fix the World or the Text?” Hakirah, Vol. 11 (Spring 2011), 187-197.
[8]
 Neumann 133-135. The content of the Talmudic enactments referred to as “mipnei tikkun ha-olam,” are generally additional rabbinic rulings made to account for and circumvent potentially negative outcomes of previous legislature for the Jewish community. For examples of Talmudic applications of the term see Gittin 33a-35a and Gittin 45a. Neuman cites many scholars who have noted the incorrect usage of the term tikkun olam to refer to Jewish social action. See Eugene Borowitz, Renewing the Covenant: A Theology for the Postmodern Jew (Jewish Publication Society, 1996), 51; Gilbert S. Rosenthal, “Tikkun ha-Olam: The Metamorphosis of a Concept,” Journal of Religion, Vol. 85, no. 2 (2005); Levi Cooper, “The Assimilation of Tikkun Olam,” Jewish Political Studies Review 25 no. 3-4 (Fall 2014).
[9] See Rabbi J. David Bleich, The Philosophical Quest (Maggid, 2013), 209-252.
[10] See for example Ramban, Bava Metzia 78b.
[11]  Rabbeinu Bahya, Kad Ha-kemah, Gezel 1:3.
[12]
 Maharsha, Pesahim 87b s.v. lo higlah.
[13] R. Bleich, Philosophical Quest 236-237.
[14] Netziv, Kidmat Ha-emek. Translation adapted from R. Bleich 238.
[15]
Netziv, Ha-amek Davar, Introduction to Bereishit. Translation adapted from R. Bleich 243.
[16]
 Isaiah 49:6.
[17]
 Netziv, Ha-amek Davar, Shemot 12:51. Also see Netziv, Harhev Davar, Bereishit 17:4 and Ha-amek Davar, Bereishit 9:27.
[18] R. Yaakov Ettlinger, Minhat Ani, Bamidbar. See R. Bleich, Philosophical Quest 236-237.
[19] See R. Bleich 239-246. For more on R. Hirsch’s belief in Judaism’s concern for mankind as a whole see my “For the Love of Humanity: The Religious Humanism of Rabbi Samson Raphael Hirsch,” Hakirah, Vol. 33 (Fall 2022), 65-98.
[20] R. Joseph B. Soloveitchik, “Confrontation,” Tradition 6:2 (RCA, 1964) republished in R. Joseph B. Soloveitchik, Confrontation and Other Essays (Maggid, 2015), 100.
[21] Ibid., 104.
[22] For more see David Shatz, Chaim I. Waxman, Nathan J. Diament (ed.) Tikkun Olam: Social Responsibility in Jewish Thought and Law (Aronson, 1997); Yosef ben Shlomo Hakohen, The Universal Jew (Feldheim, 1995); Rabbi Netanel Wiederblank, “Our Responsibility To Humanity,” Yadrim 4, (Sivan 5782), 5-29; R. Jonathan Sacks, “Tikkun Olam: Orthodoxy’s Responsibility to Perfect G-d’s World” (Speech delivered at the Orthodox Union West Coast Convention, December 1997 – Kislev 5758); Rabbi Dr. Jacob J. Schacter, “Tikkun Olam: Defining the Jewish Obligation,” in Rafael Medoff, ed., Rav Chesed: Essays in Honor of Rabbi Dr. Haskel Lookstein, vol. 2 (Jersey City: Ktav, 2009), 183-204.
[23] Rambam, Mishneh Torah, Melakhim 8:9-10.
[24] Rambam, Mishneh Torah, Melakhim 10:11.
[25] R.
Moshe Sternbuch, Teshuvot Vi-hanhagot Vol. 3 no. 317.
[26] R. Moshe Feinstein, Igrot Moshe, Yoreh Deah Vol. 3 no. 89.
[27] Teshuvot Hatam Sofer, Hoshen Mishpat, Vol. 5, no. 185.
[28]
Ibid. Whether non-Jews are obligated in the Noahide laws after the giving of the Torah is the subject of an earlier debate. Tosafot in Hagigah (13a) rule that although it is forbidden to teach Torah to non-Jews, there is no prohibition to teach them the Noahide laws. However, Tosafot cited in the Hagahot Ha-bah (Ibid. no. 40) disagree and state that after the giving of the Torah, gentiles are not obligated in the Noahide laws and there would be a prohibition of teaching them to non-Jews. For more on this see Dovid Lichtenstein, Headlines 2: Halachic Debates of Current Events (Orthodox Union Press, 2017), 125-128.
[29]
Rabbi Joseph B. Soloveitchik, Abraham’s Journey (Ktav, 2008), 182. Thanks to my father-in-law, Rabbi Hanan Balk for pointing this source out to me.
[30]
Letter to Israel Drazin from R. Menachem Mendel Schneerson (October 31, 1986). See “What Could Have Prevented the Holocaust, Chabad.org. For more statements of the Rebbe on the importance of encouraging non-Jews to observe the Noahide laws see R. Menachem Mendel Schneerson, “The Seven Noachide Laws,” Sichos In English Vol. 16 (Kislev-Nissan 5743). This talk was delivered on Shabbat Parshat Beshalach, 15th Day of Shevat, 5743 (1983). Also see “Reach Out to the Non-Jews”, Disc 31, Program 123 (Event Date: 4 Tishrei 5747 – October 07, 1986) Chabad.org.
[31] Feist and Feist: Theories of Personality, 7th edition, (The McGraw−Hill Companies, 2009), 303.
[32] Philip Wexler, Mystical Sociology: An Emerging Social Vision (Westview Press, 2000), 42-46.
[33] Joseph Telushkin, Rebbe (Harper Collins, 2014), 262.
[34] Jonathan Sarna and David G. Dalin, Religion and State in the American Jewish Experience (Notre Dame University, 1997), 288-300 cited in Telushkin 263-268.
[35] The most significant legal case made against public menorah lighting was brought before the Pennsylvania Supreme Court in 1989. See Allegheny County v. ACLU, 492 U.S. 573 (1989). Today, Chabad’s public menorah lightings have become normative in North American society. Several thousand public lightings take place every year under Chabad auspices with an increasing amount of non-Chabad and even non-Orthodox involvement. See Telushkin 269-270.
[36] Telushkin 264.
[37] Ibid. 265.
[38] Ibid. 266.
[39] Ibid. 268.
[40] Ibid. 269.
[41] Philip Wexler, Eli Rubin, and Michael Wexler, Social Vision: The Lubavitcher Rebbe’s Transformative Paradigm for the World (Herder & Herder, 2019).
[42] Wexler 148.
[43] Ibid. 149.
[44]
Cong. Rec. – Volume 116, Part 33 (December 28, 1970, 43738) cited in Wexler 173n12.
[45] Wexler 152.
[46] Engel v. Vitale, 370 US 421 – Supreme Court (1962).
[47] Most, although not all, of the opposition to the public prayer came from the organized Jewish community. See Telushkin 255.
[48] The Rebbe’s point that morality cannot be properly developed merely by reason and rational thinking, is not dissimilar to sociologist Jonathan Haidt’s theory that moral development happens primarily through intuitive and emotional processes rather than cognitive and reason-based judgments. See Jonathan Haidt, “The Emotional Dog and its Rational Tail: A Social Intuitionist Approach to Moral Judgment,” Psychological Review, 108 (2001), 814-834.
[49] R.
Menachem Mendel Schneerson, “Prayer in Public Schools and Separation of Church and State,” 26th of Nissan, 5724 (April 8, 1964) https://www.chabad.org/therebbe/letters/default_cdo/aid/2051611/jewish/Prayer-in-Public-Schools-and-Separation-of-Church-and-State.htm

For the first letter see “Excerpt from the Lubavitcher Rabbi’s שליט”א Letter on the Question of the Regents Prayer, (24th of MarCheshvan, 5723, November 21, 1962)” Chabad.org

https://www.chabad.org/therebbe/letters/default_cdo/aid/1274011/jewish/Non-Denominational-Prayer-in-Public-Schools.htm.
[50] R. Menachem Mendel Schneerson, Sihot Kodesh 5738, Vol. 2 (Vaad Hanachot Hatemimim, 1986), 119-20.
[51]  “Excerpt from a Letter by the Rebbe שליט”א on the Proposal Creation of a Special Department of Education,” in Report on “Education Day–U.S.A.” Legislation, 18-19 cited in Wexler 176n49.
[52] Wexler 194-217.
[53] R. Menachem Mendel Schneerson, “A Moment to Save the World – Part 2”: 10 Shevat 5743 (January 24, 1983) Chabad.org cited in Wexler 168.
[54] Wexler 171.
[55] R. J. David, Bleich, “Tikun Olam: A Jew’s Responsibility to Society,” YUTorah.org (Oct 26, 1988).
[56] See R. Jonathan Sacks, The Persistence of Faith (Weidenfeld & Nicolson, 1991. This book is an expansion on R. Sacks’s BBC Reith Lectures (1990).
[57] R. Jonathan Sacks, “A Judaism Engaged With The World” (2013). Also see his The Politics of Hope (Vintage, 1997); The Home We Build Together (Continuum, 2009); “Reconciling Religion’s Role in the West: An Interview with Rabbi Lord Jonathan Sacks,” Harvard International Review 38:1 (Fall 2016), 52-54 and Rabbi Yitzchok Alderstein, “How the Torah Helped Shape the Modern World,” Jewish Action (Fall 2010).
[58] Jonathan Rosenblum, “Hail to the Chief (rabbi),” Jerusalem Post (July 1, 2011). Also see the South African government’s website for the text of the “Bill of Responsibilities.” I thank Rabbi Daniel Korobkin for pointing this out to me.
[59] Faranak Margolese, Off The Derech (Devora, 2005), 202-203. The interviews with R. Wein were held on August 28, 2000 and January 8, 2001




“Praiseworthy are You Talmidei Chachamim” – Self-Definition, Torah Study, and Jewish Martyrdom

Praiseworthy are You Talmidei Chachamim”
Self-Definition, Torah Study, and Jewish Martyrdom

Yaakov Jaffe

There is a unique genre of video on youtube, facebook, or twitter, featuring Yeshivah students of a wide variety of ages, locations, and types of dress singing the song “Ashreichem Talmidei Chachamim” while standing or dancing around the Beit Midrash of their school or Yeshivah.  The song, often also heard at wedding, praises the portion of students of Torah scholars with the following words:

Praiseworthy are you, O students of the wise,
As words of Torah are exceedingly beloved[1] to you.
How much do I love Your [=G-d’s] Torah,
All day long she is my speech.

The words of the song are a quote from the Talmud (Menachot 18a, with the last two lines, themselves, being a quote from Psalms 119:97), and the implication of the song is that those that sing it (or those that dance at the wedding when it is sung) have achieved the status of Torah scholars and are aptly described as those for whom the words of Torah are “exceedingly beloved.”  The song exists as a quasi-performative, self-definitional, transformational act, as the singing of the words, themselves, confer a status and title upon those whom it is sung about.

Like many other Hebrew songs, this quote from the Talmud is taken out of context, and consequently it disguises what exactly are the conditions to consider Torah to be “exceedingly beloved” to someone.  The context is fascinating, and it provides necessary insight for the understanding of this song.

  

Thought-Based Invalidations of Temple Sacrifices

Tractate Menachot is a challenging Tractate, one of the dozen longest, studied through the Daf Yomi and in elite sub-groups of elite schools of Torah study; it is not for the faint of heart.  While some of the very lengthy Talmudic tractates are frequently studied on account of their contribution to the practice of Jewish ritual and family law (Shabbat, Chullin, Psachim, Yevamot and Ketubot), and others as they are vital for building the principles of community and social law (the three Bavot), Menachot is lengthy and on the whole not particularly relevant for contemporary Jewish life and practice.

The first 18 pages are the hardest part of the Tractate, focused less on the Korban Mincha, itself, but more on thought-based invalidations of a Korban Mincha, a Mincha that becomes invalid because of the intentions the Kohein had when performing the sacrifice.  Large parts of Menachot are concrete as they involve the process of the offering and real-world errors made while performing the sacrifice; the first dozen-and-a-half pages are formal, where the sacrifice looks no different from how it always looks but may be invalidated on account of improper thoughts. In these cases, even if the sacrifice was physically offered exactly as required, it might still be invalid because of the ruinous intent.

Much of the discussion focuses on invalidations that are at least alluded to in the Bible: “Pigul,” intent to eat or burn the sacrifice at the wrong time, or “Lo Leshmah,” intent for the action to find favor as a different sacrifice type than required by the owner or a different sacrifice substance.  The long, challenging discussion concludes with another type of thought-based invalidation, so rare that is only discussed in two pages in the entire Talmud, and never in the Bible commentaries or Midrash Halacha, intent to leave over the sacrificial substances of the sacrifice unused indefinitely.  Leaving over the eaten part of a sacrifice, “Notar,” is discussed in the Torah and frequently in the Talmud; leaving over the sacrificial substances is not discussed beyond Menachot 18a and Zevachim 36a.  Intent to sacrifice sacrificial substances on the wrong day, “Pigul,” is discussed in the Torah and frequently in the Talmud; intent to leave over sacrificial substances indefinitely, never to be used, is not discussed beyond Menachot 18a and Zevachim 36a.

In the final outcome, intent to leave over blood un-sprinkled until the next day does not invalidate a sacrifice according to the majority opinion, and so Rambam rules (Psulei Ha-Mukdashim 13:8).  The focus of Menachot 18a is how Yosef Ha-Bavli was interested in exploring the question, nevertheless.  Few realize that this often-sung tune is grounded in an esoteric, arcane sub-sub-topic of sacrificial law, irrelevant to daily practice, rejected in the final halachic conclusion, disconnected from the Biblical text, and regarding largely settled law, which still bothered the praiseworthy student of the wise, Yosef Ha-Bavli.

Who was Yosef Ha-Bavli?

Yosef Ha-Bavli is known for one teaching regarding a Kohen in mourning or who had not yet offered his post-impurity sacrifices who burned a red heifer (Tosefta Para 4:3, cited in Zevachim 117b and Yevamot 74a).  The Talmud (Psachim 113b, Yoma 52b) says that he was also known by a number of pseudonyms which would increase the number of teachings associated with his name from one to a handful; whether the Talmudic teaching should be taken literally is outside the scope of this essay (but see Tosafot and Aruch La-Ner, Nidda 36b and Hyman, Toldot Tanaim Ve-Amoraim, 152).  Yosef Ha-Bavli is not unique among the sages for having composed many Mishnayot, having taught many students, having mastered much Torah, or possessing deep insight; what makes him unique is precisely his care and concern for this rather esoteric topic. Yosef Ha-Bavli was a grand-student of Rebbi Akiva, and so appears to have lived in the late 2nd century, just around the time of the publication of the Mishnah.  Any law related to thought-based invalidations had not been relevant for a century when he lived, and was a detailed, theoretical question about a Temple that was fading from memory.

In his youth, Yosef Ha-Bavli had learned from his teacher, Rebbi Yehudah, that a Kohein’s intent to leave blood un-sprinkled indefinitely invalidates a sacrifice.  Yet, as he grew older, Yosef Ha-Bavli only heard discussions of the opinion of the other rabbis that it was valid.  One Shabbat, he sat before Rebbi Elazar ben Shamua, who taught him evening, morning, and midday that it was valid, in accordance with the majority opinion.  “Afternoon he said to him ‘It is Kosher, but Rebbi Yehudah says it is invalid.’  Yosef Ha-Bavli’s face brightened from joy… ‘Rebbi Yehudah taught me that it was invalid,[2] and I went after all his students and searched for a colleague [who had the same recollection as me] and did not find one.  Now that you taught me ‘invalid’ you have returned to me my lost object.’ ”

Seeing this scene, Rebbi Elazar ben Shamua burst into tears of joy and commented how beloved Torah was for Yosef Ha-Bavli.  Note, however, that it was not Yosef Ha-Bavli’s application of Torah, mastery of Torah, or even mere study of Torah that earned him praise, it was the passionate, deep connection to Torah that led him for years to travel, ask, and search for a sage that confirmed Yosef Ha-Bavli’s studies of his own youth.  Torah is exceedingly beloved when one passes by day from land to land, asking, inquiring, confirming the exact details of every possible law.  Learning the daily practical Halacha or the parsha is not evidence of a passionate, intimate relationship a scholar has with Torah; being madly driven to confirm every last piece of minutia that one has ever learned does.  That is what means for the Torah to be exceedingly beloved, in the view of the author of the text of the song, Rebbi Elazar ben Shamua.

Who was Rebbi Elazar ben Shamua?

We have demonstrated how the identity of the object of the quote, the Talmid Chacham Yosef Ha-Bavli, and the context of the conversation, thought based invalidations, is crucial in understanding the meaning of the quote in question.  Knowing the background of the speaker, Rebbi Elazar ben Shamua, is also vital.  

Rebbi Elazar ben Shamua was a student of Rebbi Akiva (Yeavmot 62b), and so he lived through a number of challenging times, including the various Roman persecutions which followed the Bar Kochva revolt and the death of Rebbi Akiva’s earlier generation of students.  A teacher of Rebbi (Yoma 79b, Eiruvin 53a), he was an important bridge figure between two different illustrious ages of sages of the Mishnah who lived an unusually long life (Megillah 27b).  Sanhedrin 14a relates that Rebbi Elazar ben Shamua was ordained by Rebbi Yehudah ben Bava just before the latter was martyred by the Romans for having perpetuated the chain or ordination.  He is a critical figure in the perpetuation of the tradition, and his eyes witnessed how close the tradition was to being lost.[3]

Moreover, the Midrash[4] and liturgy (Tisha B-Av’s Kinah “Arzei Ha-Levanon,” and Yom Kippur’s Slicha “Eileh Ezkera” [Reish]) count Rebbi Elazar ben Shamua among the 10 Martyrs, in which case he was the last of the 10 great sages who lost their lives Al Kiddush Hashem, for no reason other than the fact that they were Jewish.  According to these sources, Rebbi Elazar ben Shamua died at the start of Shabbat, while in the middle of reciting Kiddush; his soul departed while performing a Mitzvah.  

The costs of living a life of a Talmid Chacham are much lower today than they were in the past.  Jews across the globe live without fear of persecution for their Torah study and the financial stability of our community means that Jews who study Torah are mostly free of the fear of financial distress that may have been felt in the past.  Yet, speaking just before the year 200 and knowing the dramatic cost of being a Torah scholar, Rebbi Elazar ben Shamua proclaimed how praiseworthy Yosef Ha-Bavli was for his dedication to Torah, a statement that he would not make cavalierly or apply to just anyone who studied Torah in a situation of basic security.    

By Choice or by Necessity?

Today’s Torah scholars become Torah scholars by choice; they enjoy Torah study, feel nourished by, see its value, and are prodded and supported by a community to embrace that avocation.  Rebbi Eleazar ben Shamua was a Torah scholar by necessity – perpetuating a chain nearly lost, which would not have survived were it not for his dedication, and for which he eventually was murdered.  Yosef Ha-Bavli, too, felt similarly, the heart within himself burning for decades as he passed from land to land desperate with agony to substantiate the teachings of the earlier sages.  He didn’t choose to study the esoteric, complicated details of thought-based-temple-invalidations because he found it enjoyable, meaningful, applicable, or valuable, but because of an obsession and a dedication to both the truths of the Torah and to the concept of the tradition.

Rebbi Elazar ben Shamua doesn’t cry because of happiness that a student of his made a good choice to dedicate himself to Torah.  Rebbi Elazar ben Shamua cries because he sees the perseverance of the Torah and the legacy of the tradition even through challenging times, even decades after the Temple’s destruction, through the selfless dedication of students of the wise.[5] Indeed, had Rebbi Elazar ben Shamua not lived so long, and had Yosef Ha-Bavli not persevered to ask him the same question four times that one Shabbat, the teaching of Rebbi Eliezer might have been lost to Judaism for all of time and never have made its way into the Talmud.  100 years and one long summer Shabbat were needed to preserve one detail of Torah and ready it for inclusion in the Talmud.  And so, this is less a song for a wedding feast, as the words of Rebbi Elazar the martyr leave one of sense forlorn.  It’s a song of dedication and commitment to Torah, not a song of joy and happiness.

In the words of the Chazon Ish (Emunah U-Bitachon 3:20): 

The words of are sages are like fine oil which descends upon the bones to excite the hearts towards the love of Torah, and to enjoy the luster of its delight, until the soul of Yosef Ha-Bavli wasted away having lost one law, such that his face brightened upon the intense happiness in having his lost object returned.  And the enthusiasm of Rebbi Elazar upon his affection to his student, that he cried tears of happiness and pleasure of the luster of being exact in one’s learning.[6]

Those are the Talmidei Chachamim, and praiseworthy are they.

[1] We translate “exceedingly beloved” based on how the way Rashi uses the word “Chibah” to indicate a deep, intimate connection between two subjects; for Rashi it is not it is not merely a word which indicates liking, appreciating, or enjoyment of an object by its subject.  See Rashi’s Bible commentary: Bereishit 18:18, 22:11, 33:2; Shemot 1:1, 15:17, 19:5; Vayikra 1:1; Bamidbar 10:31, 14:14, 23:21, 29:36; Devarim 1:15, 2:16, 33:3; Shmuel 1:1:7, Tehillim 105:22, Shir Ha-Shirim 1:1, 4:10, 6:5; Talmud commentary Ketubot 75a, 96a. 

In Rabbinic Literature, the word “Chaviv” is often used in the context of the strong emotional connection one feels towards the preservation of one’s own body, see the famous Brayta of Rebbi Eliezer: Brachot 61b Psachim 25a, Yoma 82a, Sanhedrin 74a; the ironic reversal when considering the righteous Sota 12a, and as variations of this Bava Batra 110a.  “Beloved” is also the best translation of the word in Shabbat 105a. The word is translated “like” or “want” in Brachot 39a, Sanhedrin 8a and Bava Kama 117b, so the translation in Menachot cannot be established with absolute certainty.
[2] Rebbi Elazar ben Shamua explains that Rebbi Yehudah had heard this view from his father, Rebbi Ilay, who heard it from the late and post second temple period sage Rebbi Eliezer, but that the other rabbis disagreed with this view. In any event, one can sketch the chain of transmission of this idea as follows: Rebbi Eliezer taught Rebbi Ilay around the year 100, who then taught his son Rebbi Yehudah around the year 130, who taught Yosef Ha-Bavli around the year 160, who then had the view confirmed close to the year 190 by Rebbi Elazar ben Shamua.  

Our presentation above simplifies the Talmudic discussion in some measure for simplicity’s sake. In truth, the Talmud supposes that though Rebbi Elazar ben Shamua generally supported Yosef Ha-Bavli’s memory, there was a discrepancy between the two presentations. Yosef Ha-Bavli may have learned a different nuance from Rebbi Yehudah, that all Tannaim agree that it is invalid, both Rebbi Eliezer and his colleagues.  Still other rabbis believed that Rebbi Eliezer and his colleagues all agreed that it was valid. For Rebbi Elazar ben Shamua, the question was a debate between Rebbi Eliezer and the other rabbis.
[3]
Understanding his life story and his role in perpetuating a tradition can also help explain his teaching in Pirkei Avot (4:15) “Rebbi Elazar ben Shamua said: the honor of your student should be exceedingly important (Chaviv) upon you like your own, and the honor of your friend like fear of your teacher, and fear of your teacher like fear of Heaven.” The tradition survives through students and teachers, through the Rebbi Yehudah ben Bava’s and Yosef Ha-Bavli’s of Jewish history.
[4] Midrash Asarah Harugei Malchut in Judah Eisenstein, Ozar Midrashim (New York, 1915), 448.  His death does not appear in other Midrashim, however, and so others doubt that he was one of the 10 Martyrs, see Alter Welner, Asarah Harugei Malchut Be-Midrash U-Be-Piyut, (Jerusalem, 2005), 80-84.  Even if he was not a martyr himself, he was the student of martyrs and a Rabbi who spanned multiple generations of Torah study.

[5] Perhaps he even also cries for his dead teachers and colleagues, simultaneously sad for the parts of the Mesorah lost to the persecutions, while also happy for the parts that still live on.
[6] The Hebrew phrase used, “Mitzuy midot,” is borrowed from the idiom for allowing liquids to settle in a liquid measure, in a way resembling squeezing them (as in Vayikra 1:15).  In that context it indicates an exactness and a precision because the measurement is more precise after the liquid has settled.  As a metaphor, it is used here to mean being exact about learning, and to clarify things that are not clear.




The Books of Maccabees and the Al HaNisssim prayer for Hanukah

The Books of Maccabees and the Al HaNisssim prayer for Hanukah.

Reuven Kimelman

 

The Al HaNissim prayer inserted in the Amidah for Hanukah is a purposeful combination of 1 Maccabees with Rabbinic literature and liturgy. This becomes obvious upon comparing it with the less-developed version of Massekhet Sofrim20.6:[1]

בהודייה והודאת פלאות ותשועת כהנים
אשר עשית בימי מתתיהו בן יוחנן כהן גדול וחשמונאי ובניו
וכן עשה עמנו ה’ אלהינו ואלהי אבותינו נסים ונפלאות
ונודה לשמך לנצח
בא”י הטוב

In the Modim blessing of the Amidah, we acknowledge the wonders and the salvation of priests
that You wrought in the days of Mattathias son of Yohanan Kohen Gadol, the Hasmonean and his sons.
So perform for us Adonai our God and God of our ancestors miracles and wonders
and we will thank Your name forever.
Blessed are You Adonai, The Good One.[2]

In contrast is the Al HaNissim version of the early Medieval period that incorporates also material from 1 Maccabees. The following shows the links with Biblical and Rabbinic material, then that of Maccabees.

After the opener’s mention of God’s wondrous interventions, Al HaNissim focuses on the three agents of the Hanukah story: Greeks, God, and Israel. It goes as follows:

Al HaNissim

Opener: For the miracles, for the deliverance, for the acts of might, for the acts of salvation, and for the wondrous acts that you wrought for our ancestors in those days at this time.

Greeks

1. In the days ofMattathias, son of Yoḥanan, the distinguished priest, the Hasmonean and his sons,
2. when the evil Greek kingdom rose up against Your people Israel
3. to make them forget Your Torah and to get them to transgress Your laws

You (God)

4.You, in Your overwhelming mercy, stood by them in their time of distress,
5.You defended their cause, You sided with their grievances, You avenged them.
6.You delivered the mighty into the hands of the weak, the many into the hands of the few,
the defiled into the hands of the undefiled, the wicked into the hands of the righteous,
7.and the perpetrators into the hands of the those committed to Your Torah.
8.And You had Your name magnified and sanctified in Your world.
9.Regarding Your people Israel:
You performed a great deliverance and redemption unto this very day.

Israel

10. Afterwards, Your children entered the Holy of Holies of Your Abode,
11.
cleaned out Your Temple,
12. purified Your sanctuary,
13. and kindled lights in the courtyards of Your sanctuary,
14. and designated these eight days of Hanukah
15. for reciting “Hodu” and “Hallel” to Your great Name.

Selective line commentary based on biblical and rabbinic sources:

The Opener of Al HaNissim follows the preceding Modim blessing of the Amidah in its repetitive use of עַל and its reference to miracles and wonders —

Modim:

עַל־חַיֵּֽינוּ הַמְּ֒סוּרִים בְּיָדֶֽךָ
וְעַל נִשְׁמוֹתֵֽינוּ הַפְּ֒קוּדוֹת לָךְ
וְעַל נִסֶּֽיךָ שֶׁבְּכָל יוֹם עִמָּֽנוּ
וְעַל נִפְלְ֒אוֹתֶֽיךָ וְטוֹבוֹתֶֽיךָ שֶׁבְּ֒כָל עֵת

for our lives that are in Your hand,
and for our souls that are in Your charge ,
and for Your miracles that are daily with us,
and for Your wonders and kindnesses at all times

Al HaNissim:

עַל הַנִּסִּים
וְעַל הַפֻּרְקָן
וְעַל הַגְּ֒בוּרוֹת
וְעַל הַתְּ֒שׁוּעוֹת
וְעַל הַנִּפְלָאוֹת

For the miracles,
and for the deliverance,
and for the acts of might,
and for the acts of salvation,
and for the wondrous acts

Line 1. A Genizah version mentions only Mattathias.4 Since there is no known Yoḥanan or Mattathias as high priest, כֹּהֵן גָּדוֹל may indicate a distinguished priest, as 1 Mac. 2:1 designates him only as a priest of the sons of Joarib. Moreover, the term for high priest at the end of the biblical period was הַכֹּהֵן הָרֹאשׁ as in Ezra 7:5

פִּינְחָס בֶּן־אֶלְעָזָר בֶּן־אַהֲרֹן הַכֹּהֵן הָרֹאשׁ

and 2 Chronicles 31:10

וַיֹּאמֶר אֵלָיו עֲזַרְיָהוּ הַכֹּהֵן הָרֹאשׁ לְבֵית צָדוֹק

The reference to Hasmonean is also unclear.[5]

Line 2. The same expression of Greece rising up against Israel was applied in the Midrash (Exodus Rabbah 18:2) to Rome:

מִשֶּׁעָמְדָה אֱדוֹם אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא הַסִּימָן הַזֶּה יִהְיֶה בְּיֶדְכֶם בַּיּוֹם שֶׁעָשִׂיתִי לָכֶם תְּשׁוּעָה וּבְאוֹתוֹ הֱיוּ יוֹדְעִים שֶׁאֲנִי גוֹאַלְכֶם

Lines 6-7. The initial references to the “mighty” and the “many” refer to the Greeks while the concluding references to the “wicked” (וּרְשָׁעִים) and the “evil perpetrators” (וְזֵדִים) refer to the Hellenizing wicked of Israel, as in Daniel 11:32:

וּמַרְשִׁיעֵי בְרִית יַחֲנִיף בַּחֲלַקּוֹת וְעַם יֹדְעֵי אֱלֹהָיו יַחֲזִקוּ וְעָשׂוּ (דניאל יא:לב)

and in Nehemiah 9:16, 29:

(נחמיה ט:טז, כט) וְהֵם וַאֲבֹתֵינוּ הֵזִידוּ וַיַּקְשׁוּ אֶת־עָרְפָּם וְלֹא שָׁמְעוּ אֶל־מִצְוֺתֶיךָ

Thus, the contrast with the positive-oriented, Israel-oriented phrase

“those committed to Your Torah” of line 7.

The middle transitional one, “the defiled into the hands of the undefiled,” may be Janus-faced, encompassing both Greeks and Hellenizers.

Line 8. is based on the opening of the geonic Kaddish[6]

יִתְגַּדַּל וְיִתְקַדַּשׁ שְׁמֵהּ רַבָּא בְּעָלְמָא

May His name become magnified and sanctified in the world”
and alludes to the terminology of the miniature Shema at the beginning of Shaḥarit,7 which also mentions God’s salvation.

קַדֵּשׁ אֶת־שִׁמְךָ עַל מַקְדִּישֵׁי שְׁמֶֽךָ
וְקַדֵּשׁ אֶת־שִׁמְךָ בְּעֹלָמֶֽךָ
וּבִישׁוּעָתְ֒ךָ תָּרוּם וְתַגְבִּֽיהַּ קַרְנֵֽנו
בָּרוּךְ אַתָּה יְי מְקַדֵּשׁ אֶת־שִׁמְךָ בָּרַבִּים

1. Sanctify Your Name through those who sanctify Your Name
2. and sanctify Your Name in Your world.
3. And by Your salvation may our status be raised and exalted.
4. Blessed (are) You A-donai who sanctifies Your Name in public.

Line 9. The use of the Aramaic term for salvation פּוּרְקָן is common in geonic liturgy as in Yekum Purkan

יְקוּם פּוּרְקָן מִן שְׁמַיָּא
וְתִּתְפָּרְקוּן וְתִשְׁתֵּזְבוּן מִן כָּל עָקָא

and in some versions of Kaddish

וְיַצְמַח פּוּרְקָנֵהּ וִיקָרֵב (קֵץ) מְשִׁיחֵהּ

Line 15. The terms hallel and hodu appear together in Ezra 3:11; 2 Chronicles 5:13 and possibly 1 Mac. 4:24. Hodu may designate a specific liturgical response as in Psalms 106:1, 107:1, 118:1; 1 Chronicles 16:34, 41; 2 Chronicles 5:13; 7:3, 6; 16:41; 20:21, whereas Hallel may designate the liturgical use of Psalms 113-118, as is the practice on Hanukah.

Al HaNissim also integrates Hanukah-specific material from the Books of Maccabees.
The following lines of Al HaNissim have their parallels in 1 Maccabees.

Line 3: to make them forget Your Torah and to get them to transgress Your laws
Mac.1:49 : so as to forget the Torah and violate all the commandments

Line 6: You delivered the mighty into the hands of the weak, the many into the hands of the few,the defiled into the hands of the undefiled, the wicked into the hands of the righteous,
1Mac. 3:18: “Judah said: It is easy for many to be delivered into the hands of the few. Heaven sees no difference in gaining victory through the many or through the few.

Lines 7. and the perpetrators into the hands of the those committed to Your Torah.
10. Afterwards, Your children entered the Holy of Holies of Your Abode,
11. cleaned out Your Temple,
12. purified Your sanctuary,
1 Mac. 4:42-48:

“He (Judah)…, appointed unblemished priests committed to the Torah
who purified the sanctuary
and removed the defiled stones into an unclean place .
They deliberated what to do with the profaned altar…
they tore it down and stored it in the Temple….
Taking uncut stones as prescribed by the Torah,
they built a new altar after the pattern of the old.
They repaired the sanctuary and hallowed the interior of the house and the courts …

Line 13. and kindled lights in the courtyards of Your sanctuary

1 Mac. 4:49-50:

They made also new holy vessels, and into the temple they brought lampstand,
….
and lit the lamps on the lampstand that they might give light in the Temple.

Opener: in those days at this time.

Lines 14. and designated these eight days of Hanukah
15. for reciting “Hodu” and “Hallel” to Your great Name.

1 Mac. 4:54-56:

On the very time of year and on the very day on which the gentiles had profaned the altar, it was dedicated to the sound of singing…
The entire people prostrated themselves and bowed and gave thanks to God
Who had brought them victory.
For eight days they celebrated the dedication of the altar joyfully

1 Mac. 4:59

Judas and his brothers and the entire assembly of Israel decreed that the days of the dedication of the altar should be observed at their time of year annually for eight days, beginning with the twenty-fifth of the month of Kislev, with joy and gladness.

2 Mac. 10:6, 8

They celebrated it for eight days with rejoicing,
in the manner of the Festival of Sukkot…
They decreed by public edict, ratified by vote, that the whole nation of the Jews should observe these days every year.

The report of the Talmud underscores the miracle of the lights:

Shabbat 21b

.מַאי חֲנוּכָּה? דְּתָנוּ רַבָּנַן: בְּכ״ה בְּכִסְלֵיו יוֹמֵי דַחֲנוּכָּה תְּמָנְיָא אִינּוּן דְּלָא לְמִסְפַּד בְּהוֹן וּדְלָא לְהִתְעַנּוֹת בְּהוֹן
.שֶׁכְּשֶׁנִּכְנְסוּ יְווֹנִים לַהֵיכָל טִמְּאוּ כׇּל הַשְּׁמָנִים שֶׁבַּהֵיכָל
,וּכְשֶׁגָּבְרָה מַלְכוּת בֵּית חַשְׁמוֹנַאי וְנִצְּחוּם
,בָּדְקוּ וְלֹא מָצְאוּ אֶלָּא פַּךְ אֶחָד שֶׁל שֶׁמֶן שֶׁהָיָה מוּנָּח בְּחוֹתָמוֹ שֶׁל כֹּהֵן גָּדוֹל
.וְלֹא הָיָה בּוֹ אֶלָּא לְהַדְלִיק יוֹם אֶחָד
.נַעֲשָׂה בּוֹ נֵס וְהִדְלִיקוּ מִמֶּנּוּ שְׁמוֹנָה יָמִים
לְשָׁנָה אַחֶרֶת קְבָעוּם וַעֲשָׂאוּם יָמִים טוֹבִים בְּהַלֵּל וְהוֹדָאָה

What is Hanukkah? The Sages taught: On the twenty-fifth of Kislev, the days of Hanukkah are eight. One may neither eulogize or fast on them.
When the Greeks entered the Sanctuary they defiled all the oils that were in the Sanctuary.
And when the Hasmonean monarchy vanquished them,
they searched and came up with only one cruse of oil with the seal of the High Priest, only enough for one day of lighting.
A miracle occurred and they lit from it for eight days.
The next year, they fixed these days as holidays by reciting Hallel and the Prayer of Thanksgiving.[8]

.תָּנוּ רַבָּנַן: מִצְוַת חֲנוּכָּה, נֵר אִישׁ וּבֵיתוֹ
.וְהַמְהַדְּרִין, נֵר לְכׇל אֶחָד וְאֶחָד
וְהַמְהַדְּרִין מִן הַמְהַדְּרִין
בֵּית שַׁמַּאי אוֹמְרִים: יוֹם רִאשׁוֹן מַדְלִיק שְׁמֹנָה, מִכָּאן וְאֵילָךְ פּוֹחֵת וְהוֹלֵךְ
וּבֵית הִלֵּל אוֹמְרִים: יוֹם רִאשׁוֹן מַדְלִיק אַחַת, מִכָּאן וְאֵילָךְ מוֹסִיף וְהוֹלֵךְ וּבֵית הִלֵּל
,טַעְמָא דְּבֵית שַׁמַּאי כְּנֶגֶד פָּרֵי הַחַג
וְטַעְמָא דְּבֵית הִלֵּל דְּמַעֲלִין בַּקֹּדֶשׁ וְאֵין מוֹרִידִין

The Sages taught: The mitzvah of Hanukah is to have a light kindled by the head of the household (for his household each day).
The meticulous kindle a light for each and every one in the household.
The extra meticulous adjust the number of lights daily:
According to Beit Shammai: On the first day one kindles eight and decreases by one for the next seven days.
According to Beit Hillel: On the first day one kindles one and increases by one for the next seven days.
Beit Shammai’s reasons that the number of lights corresponds to the bulls of the festival of Sukkot: which declined by one each day.
Beit Hillel’s reasons that the number of lights increases, regarding matters of holiness one upgrades not downgrades.

Beit Shammai’s reference to Sukkot matches that of 2 Mac. 10:6. It aims to recapture the past event. Beit Hillel aims to recapture the wonder of the growing miracle.

Lines 13-14 of Al HaNissim are purposely ambiguous.

On the one hand, they allow for the two going interpretations.

That of the Maccabees that the eight-day festival was based on the biblical precedent of the dedication of the first Temple under Solomon in 1 Kings 8:66, 2 Chronicles 7:9, and 2 Mac. 2:12 along with making up for the eight-day holiday of Sukkot (2 Mac. 10:6) for which there had been no access to the Temple two months earlier that year.

On the other hand, the association of the kindling of lights with eight days allowed it to be also grasped talmudically as referring to the miracle of the burning of the oil for eight days as is still understood.

Compare this with the less-developed version of Massekhet Sofrim that makes no mention of the oil miracle as opposed to the explicit reference to the miracle of the oil in Megillat Antiochus 76-80:[9]

After these things, the sons of the Ḥashmonai came into the Sanctuary, restored the gates, repaired the breaches, and cleansed the hall of the dead and of all its impurity. And they sought pure olive oil with which to light the Menorah, but they found only one little vessel sealed with the seal of the High-Priest and they knew it to be pure. And it contained but sufficient oil for one day. But the God of Heaven Who caused His presence to dwell in the Sanctuary, gave His blessing and it sufficed to light the Menorah eight days.

Therefore did the sons of the Ḥashmonai together with the Israelites ordain that these eight days be ever celebrated as days of joy and feasting along with the festivals ordained in the Torah; that candles be lit to commemorate the victory they achieved through the God of Heaven.

Megillat Antiochus’s explicit mention of the miracle of the oil stands in contrast to Massekhet Sofrim’s lack of mention.10 Nonetheless, it concludes that the candles are to “be lit to commemorate the victory they achieved through the God of Heaven.” Al HaNissim, further navigates between the two with its ambiguous ending, saying:

וְהִדְלִֽיקוּ נֵרוֹת בְּחַצְרוֹת קָדְשֶֽׁךָ .13

וְקָבְ֒עוּ שְׁמוֹנַת יְמֵי חֲנֻכָּה אֵֽלּוּ .14

לְהוֹדוֹת וּלְהַלֵּל לְשִׁמְךָ הַגָּדולְ 15

which so sounds like the last two lines of the Rabbinic formulation of the miracle of the oil–

נַעֲשָׂה בּוֹ נֵס וְהִדְלִיקוּ מִמֶּנּוּ שְׁמוֹנָה יָמִים.
לְשָׁנָה אַחֶרֶת קְבָעוּם וַעֲשָׂאוּם יָמִים טוֹבִים בְּהַלֵּל וְהוֹדָאָה

— that it was taken as its equivalent.

The validation of both the Maccabean and the Talmudic account enabled all to join in celebrating Hanukah holiday for eight days by lighting lights.11

The ambiguity of Al HaNissim casts its shadow over its epitome, HaNeirot Hallalu, recited after the kindling of the lights . Besides alluding to 1 Mac. 4:42 in referring to the unblemished priests as “Your holy priests,” it also links the miracles, reusing at the beginning and the end three of the terms from the opener of Al HaNissim, with the eight days without spelling out the specific miracle in contrast to the Talmudic assertion to which it alludes (as color-coordinated below)

albeit assumed by all.

It states:

HaNeirot Hallalu

These lights that we kindle are
For the miracles, for the wondrous acts, and for the acts of salvation –
which You wrought then at this time for our ancestors through Your holy priests.
For all eight days of Hanukah these lights are special, used only for gazing.–
In order to give thanks and say Hallel to Your great name
for Your miracles, for Your wondrous acts, and for Your acts of salvation.

By finessing the basis of Hanukah – be it the miraculous victory, the rededication of the Temple, or the miracle of the oil – all can find their way to welcome in the celebration of the festival of lights.

Reuven Kimelman

[1] For the lateness of chapters 10-21 of Sofrim, see Debra Blank, “It’s Time to Take Another Look at ‘Our Little Sister’ Soferim: A Bibliographical Essay,” JQR 90 (1999): 1-26, p. 4, n. 10. In any case, the version matches a Palestinian Genizah text which, however, adds a reference to “the evil Greek kingdom that rose against them” (Ezra Fleischer, Statutory Jewish Prayers: Their Emergence and Development [Hebrew], 2 vols., ed. S. Elizur and T. Beeri (Jerusalem: The Magnes Press, 2012):1:182.
[2] For הטוב (“The Good”) as an epithet for God, see my forthcoming book The Rhetoric of the Jewish Liturgy: A Historical and Literary Commentary on the Daily Prayer Book, London: The Littman Library of Jewish Civilization, Chapter 8, n.326. Here it corresponds to the Divine epithet at the conclusion of the Modim blessing, הַטּוֹב שִׁמְךָ (“Your name is The Good”), or הַטּוֹב לְךָ לְהוֹדוֹת.
[3] The versions in the geonic Seder Rav Amram Gaon (Amram b. Sheishna), ed. E. D. Goldschmidt (Jerusalem: Mossad Harav Kook, 1971), p. 97; and Siddur Rav Sa‘adya Gaon. ed. I. Davidson, S. Asaf, and B. Joel (Jerusalem: Mekize Nirdamim, 1970), p. 255, lacks this, but add המלחמות והפדות (“the wars and the redemption”), making for six terms. There are other variants in other siddurim; see Maḥ̣zor Vitry. R. Simḥah Me-Vitry, ed. A. Goldschmidt, 6 vols. Jerusalem: Oṣar Ha-Posqim, 5764-5769 (2004-2023), 1:116; Ismar Elbogen, Jewish Liturgy: A Comprehensive History, Philadelphia: Jewish Publication Society, 1993, p. 52 (a translation by R. Schendlin of HaTefillah BeYisrael BeHitpatḥutah HaHistorit, Dvir: Tel Aviv,1972), p. 45; and Ephraim Zlotnik, Meqorei Ha-Tefillah: Ta’ameha, Nosḥoteha, U-Minhageha, 3 Vols., (Jerusalem, 2011-2021): 1:209-212. For mentions of Al HaNissim in general in geonic literature, see Neil Danzig, Introduction to Halakhot Pesuqot with a Supplement to Halakhot Pesuqot [Hebrew] (New York: The Jewish Theological Seminary, 1993), pp. 240-241.
[4] See Stefan Reif, Jewish Prayer Texts from the Cairo Genizah: A Selection of Manuscripts at Cambridge University Library (Leiden: Brill, 2016), p. 274, with n. 16.
[5] See Mitchell First, “The Identity and Meaning of Chashmonai,” The Seforim Blog (here).
[6] For Kaddish as a geonic liturgy, see reference in n. 2, chapter 9.
[7] For the context there, see reference in n. 2, chapter 3, section 6.
[8] This may refer to Al HaNissim which is incorporated in the Modim (= Thanksgiving); see the beginning of the citation from Massekhet Sofrim, above, at n. 1; and Jonathan Goldstein, I Maccabees (AB 42) (Garden City: Doubleday, 1976), pp. 286-87. Regarding the alleged parallel in Megillat Ta‘anit, see Vered Noam, “The Miracle of the Cruse of Oil: The Metamorphosis of a Legend,” HUCA 73 (2002), pp. 191-226.
[9] The numbering follows the version in Adolph Jellinek, ed. Bet HaMidrasch, 2 vols., 6 books (Jerusalem: Wahrmann Books, 1967), 6:7-8. See the Aramaic with Arabic translation in S. A. Wertheimer, ed., Batei Midrashot, 2 vols. (Jerusalem: Ktav Ve-Sefer, 1968): 1:329-330, lines 79-86.A later rabbinized version understandably only mentions the miracle of the oil; see Jellinek, ibid., 1:141.
[10] Since their dating, as Al HaNissim, is unclear no statement is made on historical development, only content difference.Nonetheless, mention of the miracle of the cruse of oil seems to be absent from Palestinian sources.
[11] See Goldstein (above, n. 8) pp. 283-284.




The Physician-Ḥaver in Early Modern Italy: A Reunion of Long Forgotten “Friends”

The Physician-Ḥaver in Early Modern Italy: A Reunion of Long Forgotten “Friends”[1]
[2]לפרסומי מילתא ולזכר עולם כתבתי

Rabbi Edward Reichman, MD

Introduction

The Italian Early Modern Period is fertile ground for Jewish medical historical study. Its appeal lies partially in the rich lives and interests of the Jewish physicians beyond the practice of medicine alone. For example, historians have written about physician-poets[3] and physician-philosophers,[4] as well as physician-rabbis. Here I introduce a new category of hyphenated physicians that has escaped notice.

Throughout the millennia, Jewish physicians, in varying degrees, have attempted to maintain their connection to Torah learning and Jewish heritage.[5] This tradition continues to this day. Some advanced to higher levels of Torah study, with a select few even obtaining rabbinic ordination in addition to their medical degrees. These physician-rabbis have garnered the attention of scholars the likes of Holub,[6] Sergei[7]  Epstein,[8] Margalit,[9] Salah,[10] and Steinberg.[11]

Early Modern Italy seems to have provided particularly fertile soil for the nurturing and growth of the physician-rabbi, with a high percentage of members represented. This unique geographic and chronological synthesis of medicine and Torah learning is also reflected in an under-recognized phenomenon. There is yet another group of physicians from Early Modern Italy whose commitment to Torah study, albeit less advanced than rabbinic ordination, was formally recognized by the Jewish community. These physicians, or in some cases, soon-to-be physicians, obtained the prestigious degree of Ḥaver, a lower form of rabbinic ordination.[12]

Little attention has been paid to this not insignificant group of Jewish physicians in Italy who procured a Ḥaver certificate. During this period, the University of Padua was, with few exceptions, the primary place of attendance for university-trained Jewish physicians. Indeed, Modena and Morpurgo, who compiled a comprehensive biobibliography of all the Jewish medical graduates of Padua from 1617-1816, omit any reference whatsoever to graduates who obtained a Ḥaver degree.[13] They do however mention students who later obtained rabbinic ordination, such as Samson Morpurgo or Isaac Lampronti. I assume that they were simply unaware of these achievements rather than considering them too insignificant to include.

Here we bring together the Physician-Ḥaver alumni spanning over a century for a virtual reunion, in celebration of their accomplishments, which seem to have been insufficiently appreciated, if not forgotten, with the passage of time. Unsurprisingly, all our Physician Ḥaverim are also alumni of the University of Padua.

The Origin, Requirements and Benefits of a Ḥaver Degree

The term Ḥaver traces itself back to at least Mishnaic times, referring to one versed and punctilious in the observance of the Torah laws, such as tithing (trumah and ma’aser).[14] Later in history the Ḥaver title became associated with a lower form of rabbinic ordination for those capable of independent Torah study. This title was popular in Europe in the Early Modern Period, including Germany, Austria, Moravia, Poland, Lithuania and Italy.

We learn a number of aspects of the Ḥaver degree in various European cities from the local community archives. For example. certain aliyot, as well as designated haftarot for the Torah reading for both Shabbat and Yom Tov were reserved exclusively for those bearing the Ḥaver title. Age limits for obtaining the Ḥaver title were instituted by different communities. For example, in the Moravian city of Mehrin, the Ḥaver title could only be bestowed upon one who was married for at least two years. In Frankfurt on Main completion of the Yeshiva curriculum was required. In 1651, the community of Padua, where many of our Ḥaver degrees were issued, set specific age requirements for both the Ḥaver and Rabbinic degrees.[15] For unmarried men, the age requirement for Havrut was twenty-five and above, while for married men it was age twenty and above. Rabbinic ordination was restricted to those thirty and above irrespective of marital status.

As opposed to rabbinic ordination, for which there are requirements to master specific areas of practical Jewish law, including a large section of Shulhan Arukh, there does not appear to have been a uniform curriculum for the Ḥaver degree.[16] Each location designed its own program. The student would spend a period of time dedicated to Torah study and display basic competency, as well as character traits consistent with Torah values. Those deemed worthy would receive the title Ḥaver, typically bestowed by local rabbinic authorities, often in the presence of communal leaders (parnasim). While the title was intended as an honorific for religious purposes, such as when being called up to the Torah, it could be used at the bearer’s discretion. Some communities required maintenance of daily Torah learning upon receipt of the Ḥaver title.[17]

Our Ḥaverim

Below are the attendees at our first ever physician-Ḥaver alumni reunion. The participants span from the early 17th to the mid 18th centuries. We begin our event with a tribute to our Guest of Honor, Solomon Lustro, who received his Ḥaver degree on August 13, 1697. Lustro was an obvious choice for this distinction. Not only does he possess a well-preserved and most attractive Ḥaver certificate, but the day of his Ḥaver ceremony was momentous for other reasons and reflects the very nature of the physician-Ḥaver relationship. Moreover, the additional archival evidence related to his Ḥaver title represents a major source for identifying our alumni.

Guest of Honor
HeḤaver Shlomo ben Yitzhak ben Shimon Lustro (Solomon Lustro)
Below is the Ḥaver diploma for Solomon Lustro, dated 26 Av 5457.[18]

 

Solomon Lustro was a member of a prominent Italian family, a physician and graduate of the University of Padua Medical School, and an accomplished poet.[19] In an essay by the twentieth-century scholar Meir Benayahu on Avraham HaKohen of Zante and his famed circle of physician-poets in Padua (“lahakat ha-rofim ha-meshorerim be-Padova”) in the late seventeenth and early eighteenth centuries, Lustro is identified as one of the three core members, along with the leader, HaKohen, and Shabtai Marini,[20] both of whom also grace this list of physicians who obtained a Ḥaver degree.

Examples of Lustro’s poetry can be found in the National Library of Israel. There are also numerous congratulatory poems written by others in honor of Lustro’s medical graduation from Padua, as was the custom during this period.[20] We will have occasion to refer to them below.1

We possess the full record of the Ḥaver diploma issued to Solomon Lustro in neatly written and spaced cursive Hebrew, accompanied by decorative flourishes and interspersed with larger block letters for names or important terms. Would it not be for the fact that this document is bound along with the community archives of Padua, I would assume this was the presentation copy for Lustro himself. It does appear however that while many of the archive entries are written in informal cursive, some, including a number of our Ḥaver degrees, are written by professional scribes.

The Ḥaver diploma of Solomon Lustro contains an element not found in any other known Ḥaver certificate. While it is not the only one to include personal details of the recipient, it is nonetheless a unicum. Attention to the date provides a clue. In addition to the Hebrew calendar date, the Ḥaver diploma includes the secular date- August 13, 1697. The significance of this date is reflected in another archival document related to Lustro:

This document is also dated Tuesday August 13, 1697, though no Hebrew correlate is included. This is Solomon Lustro’s medical graduation record found in the archives of the University of Padua.[22] Lustro’s Ḥaver degree was granted on the very same day.

While an astute historian might possibly have noticed this from the concordance of dates on the two diplomas, the author of the Ḥaver text chose not to leave this to chance and seized the opportunity to explicitly and expansively note the co-incidence of events. The Ḥaver text includes direct mention of Lustro’s medical graduation and gives details of the ceremonial nature of the event. It appears that the Ḥaver was the earlier of “graduations” on that day.[23]

The text reads: We have heard with our ears that on this very day specifically he is to receive from the sages who are not from our nation

הלווריאה הגדולה

I believe this refers to the great Laurea, or graduation ceremony of the University of Padua. The author then speaks of the fanfare with trumpets and flutes and other instruments, with music filling every corner of the city and the ground trembling with excitement. He adds, “And they will shout long live the scholar Shlomo, long live the scholar Shlomo.”[24] I understand this to refer to the medical graduation festivities, as I do not believe this was customary for the Ḥaver ceremony.

Furthermore, the graduation day is referred to as:

ביום זה שהוא יום חתונתו ויום שמחת לבו דהוה ליה ביומא טבא דידיה

The medical graduation is compared to a wedding day, the day of rejoicing of his heart, akin to a holiday (yom tov). This wedding metaphor for the graduation is not unique to this document and (?as we will see) is found in the congratulatory poetry for Jewish medical graduates of Padua.

COMPARE text to Marini and others much of the text is standard

Lustro’s Ḥaver degree was bestowed by three of the prominent rabbinic figures in Padua- Rabbi Shimon Heilpron, Rabbi Dr. Yitzhak Hayyim Cantarini, himself a medical graduate of Padua (1664), and Rabbi Shmuel David Ottolenghi. Lay leaders of the community (parnasim) were also in attendance.[25]

We have additional archival documents corroborating Lustro’s Ḥaver degree. They come from an untapped source which we use for a number of our Physician-Ḥaver alumni in this contribution. Upon graduation from the University of Padua, it was not uncommon for students to receive congratulatory poems from fellow students, physicians, family members, rabbis, or mentors.[26] This practice spanned from at least the early seventeenth century into the early nineteenth century. While I have yet to do a comprehensive review of the extant congratulatory poems, I have thus far identified several poems wherein the graduate is referred to by the honorific, “heḤaver.”

Two of the congratulatory poems penned for Lustro refer to him as a Ḥaver. One was written by Avraham Paltiel Macchioro,[27] where the word Ḥaver is even bolded. The only extant copy of this poem is found in the British Library.[28]

It is perhaps no coincidence that the author who acknowledged Lustro’s Ḥaver degree, who was also a Padua medical graduate, was himself the recipient of a Ḥaver degree some years earlier (see below). Macchioro certainly appreciated the effort required to obtain such a distinction and intentionally chose to acknowledge it in the text of his poem.

A Congratulatory Poem for Two Graduations- The Only One of its Kind

The other poem for Lustro which mentions his Ḥaver degree is found only in manuscript,[29] and the author is tentatively identified as Moshe Heilpron.[30]

Similar to the text of Lustro’s Ḥaver diploma, we find here the wedding-related expressions about the graduation: the day of his wedding (יום חתונתו) and the day of the gladdening of his heart (יום שמחת לבו). [31] We find these expressions in other congratulatory poems for Jewish medical graduates as well.[32] However, there is something unique in this poem that appears in no other medical congratulatory poem. The author adds:

בחתונת בשמחת התורה

Heilpron refers to the wedding (and the associated happiness) with the Torah. Could this be a reference to Lustro’s receiving of his Ḥaver degree? While I have not come across any congratulatory poems written for one who received a Ḥaver degree, it is certainly conceivable that they exist, though likely uncommon. A congratulatory poem for both a medical and Ḥaver graduation which occurred on the same day would constitute a rarity to the extreme.

One poem for Lustro was authored by Shmuel David Ottolenghi, one the rabbinic signatories of his Ḥaver degree. It is housed in the British Library.[33]

While the letters חבר appear in the poem, the word does not bear the meaning of the rabbinic degree.

Perhaps it is a veiled allusion.

I have identified six other congratulatory poems for Lustro,[34] none of which use the Ḥaver honorific. I suggest that since Lustro received his Ḥaver degree literally on the day of his graduation, it is possible that either the poems were written earlier, prior to the day of graduation, and the day the Ḥaver ceremony, or that the authors were simply unaware of this other event in Lustro’s life.

Our Reunion Attendees

Lustro’s experience and archival records set the stage for the remainder of our reunion. Below we discuss the remaining Physician-Ḥaver alumni in attendance, arranged in chronological order by the date of their graduation from the University of Padua Medical School, as the date of the conferral of the Ḥaver degree is unknown for a number of our alumni. For each alumnus we list the date of their medical graduation from Padua (if known); the date of their Ḥaver degree (if known); the historical source confirming their receipt of a Ḥaver title; a copy of the archival record of their Ḥaver degree (if available); and brief biographical notes (if known).

1) HeḤaver Yehuda (family name unknown)
University of Padua Medical Degree: date unknown, circa early 1600’s
Date of Ḥaver Degree: date unknown
Historical Record of the Ḥaver Degree: transcription found in miscellaneous manuscript of Solomon Marini[35]

This medical and Ḥaver graduate is identified only by his first name, Yehuda. Though we have no date for either Yehuda’s medical or Ḥaver graduation, he is likely the oldest of our alumni. Furthermore, we have Yehuda to thank for our Physician-Ḥaver reunion. It was through serendipity that I discovered a transcription of Yehuda’s Ḥaver diploma in a manuscript of the works of Rabbi Solomon Marini of Padua (1594-1670). In the text of the certificate only the recipient’s first name, Yehuda, appears, and the rabbinic granters of the degree are omitted. Yehuda is identified as a physician having trained at the University of Padua. I have more fully explored Yehuda’s identity elsewhere,[36] and have tentatively concluded it to be Yehuda de Lima, a scion of the de Lima medical dynasty in Poland. As the transcription is found in a manuscript attributed to Rabbi Solomon Marini, it is likely, though by no means certain, that the latter was the rabbi who bestowed the honor. It is this discovery of Yehuda’s Ḥaver transcription that led me to a closer look at the Physician-Ḥaver combination during this historical period.

2) HeḤaver David Morpurg
University of Padua Medical Degree: March 9, 1623[37]
Date of Ḥaver Degree: unknown
Historical Record of the Ḥaver Degree: cited in contemporary scholarly literature.[38]

Morpurg graduated from Padua in 1623 and received the title of Ḥaver from Rabbi Leon da Modena. Da Modena had a significant relationship with a number of Padua medical students.[39] Though a resident of Padua during the plague of 1631, we have no record of Morpurg’s medical practice during these times.[40] His father Shemarya was a rabbi, and distributed funds to the poor during the plague, from which he succumbed. After the death of his father, Morpurg moved to Krakow, where he lived the rest of his life, practicing medicine and serving as a head of the Jewish community. In Krakow, Morpurg was engaged in regulating the work of the paramedical personnel in the Jewish district as well, including determining which practitioners were competent to perform enemas and bloodletting.[41] His son Shimon became a physician,[42] and the physician Aron Morpurg, another relative, graduated from Padua in 1671.[43]

3) HeḤaver Shabtai Hayyim Marini[44]
University of Padua Medical Degree: October 10, 1685
Date of Ḥaver Degree: 18 Kislev 5447- December 4, 1686
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[45]

Shabtai Hayyim Marini received the title of Ḥaver at the age of 24,[46] one year after his medical school graduation from Padua. It was granted by Rabbi Shimon Heilpron. Marini was one of few who went on to obtain his rabbinic ordination and was one the most prominent Italian personalities of his time.

Below is the record of his rabbinic ordination, also from the Padua Jewish community archives, from January 3, 1700.

Marini was one of the circle of physician-poets in Padua and translated Ovid’s Metamorphosis into Hebrew.[47] A number of Marinis graduated the University of Padua medical school.[48] As the names Solomon, Shabtai and Isaac repeat themselves across the generations of the Marini family, there remains confusion regarding precise familial relationships.

4) HeḤaver Avraham HaKohen miZante (Abram di Sabbato Sacerdote)
University of Padua Medical Degree: August 21, 1693[49]
Date of Ḥaver Degree- before 1693
Historical Record of the Ḥaver Degree: congratulatory poem written in honor of his medical graduation.

Abram Sacerdote, also known as Avraham HaKohen, or Avraham miZante, was the first physician in his family and the first student from Zante to attend the medical school of Padua.[50] He was a prolific poet and a prominent figure and leader of the “lehakat harofim-hemeshorerim,” a group of physician-poets in Italy.[51] The other key members of this circle, Solomon Lustro and Shabtai Marini, both received Ḥaver degrees as well. HaKohen authored a volume of poetry on the Book of Psalms (Tehillim) entitled Kehunat Avraham (Venice, 1719) which contains his portrait on the title page.[52]

The source for his Ḥaver degree is gleaned from the congratulatory poem[53] authored by his medical and literary colleague, and our Guest of Honor, Solomon Lustro.[54] Therein, Lustro refers to HaKohen as ha-Ḥaver ha-Rofeh.

5) HeḤaver Rafael Rabeni[55]
University of Padua Medical Degree: May 10, 1696[56]
Date of Ḥaver Degree: November 19, 1698
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[57]

In addition to being a practicing physician, Rabeni was the secretary or scribe (sofer) of the Jewish community of Padua. He apparently ran a school for young men studying medicine, possibly similar to the that of Solomon Conegliano, which was designed to facilitate the transition of foreign Jews into the world of a major Italian university.[58] Rabeni learned medicine with Isaac Cantarini, the renowned rabbi-physician, and was acquainted as well as with Antonio Vallisneri, Professor of Medicine at the University of Padua. He engaged in a prolonged polemic with Biagio Garofalo on the nature of Biblical poetry[59] and the Protestant Hebraist Theophil Unger penned a letter of inquiry to him, though Rabeni died before receiving it.[60]

There is an erroneous mention of Rabeni obtaining rabbinic ordination at age 15,[61] but no mention by historians of his genuine Ḥaver degree, obtained at the age of forty-one, and published here for the first time. Rabeni’s degree, although granted the same day as two other physicians, Yosef Foah and Eliezer de Mordo, is entered into the archives as a postscript in a different and less formal hand.

The text of the entry explains why:

בליל הנ”ל ובועד הנ”ל הסכמנו לתת סמיכת החברות להחכם הרופא ר” רפאל רבינו דורש ברבים נודע בשערים שמו וסופר הקק”י ומרוב ענותנותו לא כתב שמו ולכן לפרסומי מילתא ולזכר עולם כתבתי אני שמו ויקרא מעלת החכם הרופא החבר ר” רפאל, בראש הקרואים= שמעון היילפרון

Rafael Rabeni was the scribe of the community and wrote some of the archive entries.[62] He himself received his Ḥaver degree on November 19, 1698, along with Foa and De Mordo (see below). Out of great humility, when he entered the proceedings of the Ḥaver ceremony into the community archives, he omitted his own name from among those who received a Ḥaver degree that day. The author of the postscript, Rabbi Shimon Heilpron, one of the rabbis who granted the degree, chose to rectify this omission and to include Rabeni’s name along with the other Ḥaver recipients to publicize, and as an “eternal memory,” that Rabeni also received a Ḥaver degree that day. As there are no entries by Rabeni in the archives in the following days, I wonder if he was even aware of Heilpron’s addition. Our inclusion of Rabeni in our reunion is due to Rabbi Heilpron, whose efforts over three hundred years ago are bearing fruits.

6) HeḤaver Yosef Foa
University of Padua Medical Degree: May 14, 1696[63]
Date of Ḥaver Degree: November 19, 1698
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[64]

There are many from the Foa family listed in Asher Salah’s comprehensive biobibliography, but alas, no Yosef.[65] Modena and Morpurgo spell the name Fua.

Foa’s ceremony was held together with de Mordo and Rabeni and the presiding rabbis were Rabbis Shimon Heipron, Rabbi Dr. Isaac Hayyim Cantarini and Rabbi Shmuel Dovid Ottolenghi, the same rabbis who bestowed Solomon Lustro’s Ḥaver degree.

7) HeḤaver Azriel Cantarini (Azriel ben Moshe Hayyim (ben Azriel) Katz min HaHazanim (Cantarini)
University of Padua Medical Degree: November 11, 1697[66]
Date of Ḥaver Degree: April 22, 1701
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[67]

Cantarini received his Ḥaver degree together with Cervo Marini.

Below is a reproduction of a congratulatory poem for Cantarini. The work is anonymous, and the author may possibly bear the acronym HaTORaH.[68] Cantarini is the author of a book on surgery dedicated to the famous scientist/physician, Antonio Vallisnieri.[69] Azriel’s relative, Isaac Cantarini, was close with Vallisnieri and consulted with him on a number of medical cases.[70]

This poem uses the expression “beyom simhat libo” (the day of the gladdening of his heart) to refer to graduation day, similar to the expression used in Lustro’s Ḥaver diploma and in other congratulatory poems.

8) HeḤaver Avraham Paltiel Macchioro
University of Padua Medical Degree: September 4, 1698[71]
Date of Ḥaver Degree: February 18, 1693
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[72]

A full record of Macchioro’s Ḥaver degree is found in the Padua Jewish Community Archives. He received his Ḥaver distinction years before the completion of his medical training.

9) HeḤaver Naftali (Cervo) Marini
University of Padua Medical Degree: September 4, 1698[73]
Date of Ḥaver Degree: April 22, 1701
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[74]

Naftali (Cervo) Marini is the brother of Shabtai Hayyim Marini and the son of the Ḥaver Yitzhak Marini. He received his Ḥaver degree in a ceremony along with Azriel Cantarini.

There is a congratulatory poem written for both for Marini and Isaac Pangalli,[75] who graduated Padua on the same day (September 4, 1698).[76] This is a rare example of one poem written for two graduates. The poem was authored by Shmuel David Ottolenghi. Ottolenghi granted the Ḥaver degree for a number of our alumni, and while the presiding rabbis are not listed for Marini’s Ḥaver degree (or for Cantarini), it is quite possible that he bestowed his degree as well. As the Ḥaver was granted a few years after Marini’s medical training, it would not have been mentioned by Ottolenghi in the text of the poem.

10) HeḤaver Maso di Michele (Della) Bella (Meir, son of Mikhael Alatrini)
University of Padua Medical Degree: December 30, 1698[77]
Date of Ḥaver Degree: April 23, 1701
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[78]

The Alatrini were called Della Bella in Italian. Michelin Della Bella (grandfather of Meir) was the one who rented the place used for the Sephardi synagogue in Padua, first in 1617 and again in 1629 after it was burnt down by a fire.[79]

11) HeḤaver Eliezer (Lazarus) de Mordo
University of Padua Medical Degree: May 21, 1699[80]
Date of Ḥaver Degree: November 19, 1698
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[81]

De Mordo received his Ḥaver degree along with Yosef Foah. Eliezer was the first of several members of the De Mordis (Mordo, De Mordio) family, hailing from the Island of Corfu, who would graduate from Padua’s medical school.[82] He has been confused with a later family member of the same name, Lazarus (the son of Shabtai) de Mordis (1744–1823), who was also a Padua medical graduate. There is a brief biography of Eliezer (Lazarus) de Mordo[83] which identifies him as a rabbi and physician in Corfu who authored poetry and prayers.[84] The approximate date given correlates with our graduate. De Mordo’s poems appear in the Harrison Miscellany (Corfu, Ca. 1720), which, in addition to its sixty full-page illustrations from the book of Genesis, consists of prayers, blessings, and poems for a wedding ceremony according to the custom of the Jews of Corfu.[85]

There is also reference to a Rabbi Eliezer de Mordo of Corfu, called a zaken ha-musmakh (learned elder), in a discussion published in 1755 about the propriety of singing the Shema prayer with a musical melody if it may lead to confusing the words of the sacred prayer. This is likely our graduate. As De Mordis was a poet and author of prayers for the liturgy, it follows that he would be consulted specifically on an issue related to music in the synagogue.[86] Eliezer De Mordis was also the signatory to a letter in 1751 attesting to the character of a Jew who appeared in Corfu and claimed to have repented from his former evil ways.[87]

Mordo’s medical diploma is extant and part of the Friedenwald Collection at the National Library of Israel.

Isaac Lustro, possibly Solomon’s father, served as a witness on Mordo’s diploma.

12) Shimshon Morpurgo
University of Padua Medical Degree: August 24, 1700[88]
Date of Ḥaver Degree: January 3, 1700
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[89]

The reference to Morpurgo’s Ḥaver degree is a postscript appended to the mention of the rabbinic ordination of Shabtai Marini (Padua, 1685) and occupies the last two lines of the section above.

Morpurgo’s Ḥaver was granted, like a number of his predecessors, by Rabbis Shimon Heipron, Rabbi Dr. Isaac Hayyim Cantarini and Rabbi Shmuel Dovid Ottolenghi. Morpurgo later received his rabbinic ordination from Rabbi Yehuda Briel and served as rabbi of Ancona for the latter part of his life. His responsa Shemesh Tzedakah were published posthumously by his son.

Morpurgo’s medical diploma is presently housed in the Italian Jewish Museum in Jerusalem.[90]

13) HeḤaver Moshe David Valle
University of Padua Medical Degree: October 22, 1713[91]
Date of Ḥaver Degree: September 20, 1725
Historical Record of the Ḥaver Degree: Padua Jewish Community Archives[92]

Valle received his Ḥaver degree along with the young Moshe Hayyim Luzzatto and Isaiah Romanin, in 1725. One of the rabbis who granted this Ḥaver certificate to Valle was Shabtai Hayyim Marini, a Padua medical graduate (1685) and earlier recipient of a Ḥaver degree (see above), who later became a rabbi.

While Luzzatto matriculated at the University of Padua Medical School for three terms,[93] we have no record of his graduation as a physician. Valle was both a teacher and student of Luzzatto and was a great Torah scholar and prolific author in his own rite.

14) HeḤaver Mandolin Navarra (Menachem di Isacco)[94]
University of Padua Medical Degree: April 29, 1740[95]
Date of Ḥaver Degree: Before April 29, 1740
Historical Record of the Ḥaver Degree: referred to as Ḥaver is congratulatory poetry written in honor of his medical graduation.

Navarra went on to become a rabbi as well as a mohel (ritual circumciser). Among those for whom he performed the rite were the children of Jacob Grassin Basilea and Raffael Ferrarese, both Padua medical graduates.[96]

The evidence for Navarra’s Ḥaver degree, like for Avraham haKohen miZante, is found in the text of the congratulatory poems written in honor of his Padua medical graduation. In Navarra’s case, I am aware of three such poems. As opposed to Lustro, where the title Ḥaver is found in only two of his nine known congratulatory poems, for Navarra, the title Ḥaver appears in all three of the known congratulatory poems in his honor. Two are reproduced below and one, mentioned by Roth, appears to be no longer extant.

15) HeḤaver Yitzhak Consigli
University of Padua Medical Degree: February 17, 1757[97]
Date of Ḥaver degree: unknown
Historical Record of the Ḥaver Degree: In a letter from Jerusalem dated 1782 there is mention of he-Ḥaver ha-Rofeh Ha-Muvhak Yitzhak Consigli.[98]

The title “muvhak,” loosely translated as “expert,” was likely reserved for those physicians who were university graduates.

There are three extant congratulatory poems written in honor of Consigli’s graduation, none of which mention his Ḥaver title. Perhaps he obtained the title after his graduation. One was authored by Moshe b. Yuda Ḥay Romanin, which was auctioned in Paris in 2006;[99] one in Italian, by an author with the initials M. D. L. R.;[100] one in manuscript of anonymous authorship.[101]

16) HeḤaver Menahem (Mandolin) Azzar
University of Padua Medical Degree: Surgical Degree 1764, Medical Degree 1778[102]
Date of Ḥaver Degree: unknown

In the synagogue of Corfu is a list held of piyyutim authored by different members of the community which were recited on a rotational basis. One of the authors is he-Ḥaver ha-Rofeh ha-Muvhak Menahem Azzar.[103] The title “muvhak,” loosely translated as “expert,” was likely reserved for those physicians who were university graduates.

The Columbia University Library possesses two documents for Azzar.[104] One appears to be an affirmation of his credentials in surgery from Corfu in 1761, along with a transfer letter addressed to the University of Padua. The second (pictured below) is a medical diploma from Padua dated 1778.

The University of Padua archives contains a record for a surgery license dated August 8, 1764:

Conclusion

This concludes our inaugural Physician-Ḥaver reunion. Thank you for joining. We boast seventeen alumni, a respectable showing for our first event, nine of whom graduated medical school between 1696-1700, roughly half the Jewish graduates from this period. Without the efforts of Rabbi Shimon Heiplron, we would not have even known to invite Rafael Rabeni.

As to the timing of the Ḥaver degrees and their relationship to the student’s medical training, it is possible that the students’ marital status played a factor. The typical student graduated medical school around the ages of twenty to twenty-two. If a student were married, he could obtain his Ḥaver either before or shortly after the completion of his medical training. If unmarried, however, he would have to wait at least until the age of twenty-five before receiving the title.

This phenomenon of the Physician-Ḥaver is yet further proof how over the centuries Jewish physicians have attempted to combine their medical practice with Torah learning. While with this preliminary study we begin to rectify the prior oversight of the Physician-Ḥaver combination, there will surely be additions to come, and I expect more attendees at our next reunion.

Addendum- Ḥaver Programs Today

The concept of a Ḥaver degree exists to this day in different forms and is a spiritual descendant of its Italian and German ancestors. Some decades ago, I participated in Rabbi J. David Bleich’s Ḥaver program at RIETS, tailored specifically to medical halakha. Rabbi Bleich, Shlit”a, also teaches a Ḥaver program in the field of law. This tailored, profession-specific Ḥaver learning curriculum is a modern iteration of the Ḥaver concept- a curriculum for the student with a serious interest in Torah learning but not interested, able, or yet ready to commit to a full rabbinic ordination program. Today, Yeshiva University has reconfigured its Ḥaver program and other similar programs, such as the popular Semichas Ḥaver program, have become popular.

[1] My profound thanks to Laura Roumani, who brought many of these Ḥaver records to my attention as she was reading through the Padua Jewish community archives. Laura was also instrumental in aiding in the deciphering of the 17th century Italian Hebrew cursive script. The Padua Jewish Community Archives have only very recently been digitized by the NLI and made widely available for study and research.
[2] See discussion of the Ḥaver degree of Rafael Rabeni below.
[3] Benayahu.
[4] See David B. Ruderman, Jewish Thought and Scientific Discovery in Early Modern Europe (Yale University Press: New Haven, 1995).
[5] See, for example, Edward Reichman, “The Yeshiva Medical School: The Evolution of Educational Programs Combining Jewish Studies and Medical Training,” Tradition 51:3 (Summer 2019), 41-56.
[6] David Holub, Pardes David, 2 vols. (Vienna, 1880 and 1882).
[7] Menachem Mendel Leib Sergei, Meshiv Nefesh (Vilna, 1906).
[8] Rabbi Barukh Halevi Epstein, Mekor Barukh vol. 2 (Ram Publishers, Vilna, 1928), 1113-1130.
[9] David Margalit, Hakhmei Yisrael ke-Rofim (Jerusalem: Mosad HaRav Kook, 1962).
[10] Asher Salah, La République des Lettres: Rabbins, écrivains et medecins juifs en Italie au 18th siècle (Leiden: Brill, 2007).
[11] Avraham Steinberg, HaRefuah Ke-Halakhah 6 ,2nd edition (Jerusalem, 5782), 196-206.
[12] The term Ḥaver dates back to Mishnaic times and has multiple uses and meanings. For a select few of these physicians, the Ḥaver, typically granted to the younger student, was a steppingstone to the more advanced semicha or rabbinic ordination, often restricted to those of a greater age, but most sufficed with the Ḥaver degree alone. I am unsure if a Ḥaver degree was a requirement for the more advanced rabbinic ordination, akin, for example, to a master’s degree and a Ph.D.
[13] Abdelkader Modena and Edgardo Morpurgo, Medici E Chirurghi Ebrei Dottorati E Licenziati Nell Universita Di Padova dal 1617 al 1816 (Bologna, 1967). (Heretofore referred to as M and M.)
[14] See Encyclopedia Judaica, s. v., “Ḥaver.” See also Bunim Tausig miMatersdorf, Minhagei HaKehilos in the environs of Bergenland-Austria (Jerusalem, 5765), 210-218, for a lengthy discussion of both the origin and evolution of the term Ḥaver, as well as a list of decrees from different European locations relating to its practice and application. I thank Rabbi Eliezer Brodt for the important reference. This source bears little mention of the Italian experience. Tausig also includes discussion of the introduction and history of the title “Moreinu,” (rabbinic ordination), a modified and diluted version of the original semiha. He cites Hatam Sofer H. M., 163 who notes that the titles “moreinu” and “Ḥaver” lack any talmudic origins and are later constructs of tenuous halakhic basis serving communal purposes.
[15] HM 3102 photo 811, folio 168b (for date Heshvan 5412-1651 and participants), photo 813 folio 169b decision 74 (for the decision).

ליל מש”ק ליל ראשון של ר”ח חשון התי”ב

הושמה פארטי מצד מעכ”ה שמכאן ולהבא לא יוכלו לתת סמיכה מחברות לשום אחד שאינו נשוי אשר לא יהיה מבן חמשה ועשרים שנה ומחמש ועשרים שנה ולמעלה ואם נשוי אשה יוכלו לתת סמיכה לו מחברות אם יהיה מבן עשרים שנה ומעשרים שנה ולמעלה, ולא יוכלו לתת סמיכה מרבנות לשום אחד אם לא יהיה מבן שלשים שנה ומשלשים שנה ולמעלה, ועל שאר מהפארטי על זה התקפה ובגבורתה תעמוד, ולא יוכלו לכשל פארטי זו אם לא יהיה נועד כל נועדי הקק”י חוץ משנים ושתשאר ע”פ שלשה רביעים מאשר ימצאו אז בועד. ונשאר ע”פ י”ז הן ח’ לאו

[16] The famous case of the non-Jew who received rabbinic ordination, was actually a Ḥaver degree. See Shimon Steinmetz, “On non-Jews with rabbinic ordination, real and imagined: some notes on Dr. Leiman’s post on Tychsen,” On the Main-line Blog (September 20, 2011), here.
[17] Taussig, 214-215.
[18] HM 3109 NLI 990041779830205171 photos 49-50, folios 21b-22a.
[19] For a brief bio and bibliography, see Salah n. 585, Benayahu, Avraham miZante 112-117, M and M, n. 133.
[20] Meir Benayahu, “Avraham HaKohen of Zante and the Group of Doctor-Poets in Padua” (Hebrew), Ha-Sifrut 26 (1978), 108-140.
[21] See E. Reichman, “How Jews of Yesteryear Celebrated Graduation from Medical School: Congratulatory Poems for Jewish Medical Graduates in the 17th and 18th Centuries- An Unrecognized Genre,” Seforim Blog (https://seforimblog.com), May 29, 2022.
[22]  CO. V. 285, c. 123 r. See M and M n. 133. I thank Filippo Valle for this photograph.
[23] The text begins with the word, “bayom,” “on the day of.” Some Ḥaver degrees were granted in the daytime, “bayom,” as is the case here, while others were bestowed in an evening ceremony and begin with the words, “baleilah hazeh.”
[24] Here is my transcription of this section:

וכל שכן כאשר באזנינו שמענו כלם כי בפרט היום דוקא ובעצם היום הזה עתיד הוא על פלא חריפא לקבל מאת מע’ החכמים מתא שלא מבני עמינו הלווריאה הגדולה הנהוגה ליתן לכל החכמים עד שבקהל רופאים היום ינוח ויען שבין כך ובין כךהיו מעלתיהם כלם נושאים ונותנים לתת לו כבוד והדר בכתרה של תורה בפתע פתאום כל ברמה נשמע אח”כ קול המולה גדולה בקלא דלא פסיק מכל פינה ופינה ברחוב העיר מחצוצרות וקול שופר בנבל וכנור מקול גדול ולא יסף נזדעזעו כלם והריעו ותקעו כל העם בכל רם חזק מאד ובפרט המון עם יחי החכם שלמה יחי החכם שלמה והעם ומרעים ומרננים אחריהם ומחללים בחליליהם ובשמחה גדולה ותבקע הארץ לקולם וישמעו גם הם ויאמרו מדוע קול הקריה הומה כזאת והביא (?והבינו והכירו) וידעו כי זו היא הבשורה שאמרו והשמחה היא שאמר הכתוב ולישרי לב שמחה וכששמעו בדבר אחר כל זה הסכימו כלם יחד באגודה א’ פה א’ ובשפה א’ ואמרו זה היום שקוינוהו מצאנו ראינו חובה לעצמנו לתת כבוד והדר להאי צורבא מרבנן ויותר ביום זה שהוא יום חתונתו ויום שמחת לבו דהוה ליה ביומא טבא דידיה כי הפיץ מעיינות חכמתו חוצה וברחובות בחוץ תרועה (?), ואם כן לכבוד ה’ ולתורתו הסכימו מעלותיהם כנף לפרוס גולתא דדהבא אצווריה דא(?) גברא ויאי(?) גולתיה ולעטרת תפארת בסמכה וחברות הסמיכוהו והכטירוהו ויהיה מן הסמוכים לעד לעולם ככל שאר כברייא(?) דילן עד שהלוך ילך ועלה יעלה ויגדל שמו כשם הגדולים אשל בארץ המה כי מובטחים מעלותהם וכלם כי קל חיש(?) יעלה ויבא מהרה ויבצבץ ויפרח כשושנה בחכמה ובינה בע”הו כחפצם וכחפץ וכל מע’ הוריו וכל אוהביו אכי”ר

[25] Shmuel Lustro, Avraham de Pase, and Yitzhak Mi-Marini.
[26] E. Reichman, “How Jews of Yesteryear Celebrated Graduation from Medical School: Congratulatory Poems for Jewish Medical Graduates in the 17th and 18th Centuries- An Unrecognized Genre,” Seforim Blog (https://seforimblog.com), May 29, 2022.
[27] M and M, n. 136. Modena and Morpurgo identify him with Abram di Isaac Macchioro. For more on Macchioro, see Benayahu, op. cit.
[28] The Oriental and India Office Collections, Shelfmark 1978.f.3.
[29] JTS Library Ms. 9027. A copy of the poem from JTS is digitized on the NLI website NLI film no. F40082, NLI system n. 990001116080205171-1, p. 326. I thank Laura Roumani for this reference.
[30] According to Laura Roumani, the heading of the poem says that the author is the brother-in-law of Yitzḥak Lustro, father of Solomon Lustro. In his note in Italian, Soave says that Yitzḥak Lustro married Dolcetta, daughter of Shelomoh Heilpron. According to Soave, Shelomoh Heilpron had a son named Moshe. The author should then be Moshe Heilpron. However, there are no cross-references to prove it.
[31] Below is my transcription of the poem:

צאינה וראינה בנות ציון במלך שלמה בעטרה שנתעטר היום יום חתונתו ושמחת לבו בחתונת בשמחת התורה והחכמה כאשר יצא ביד רמה הוכתר בכתר הפילוסופיה והרפואה בחקירות ודרישות הריאה כשמו כן חכמתו וכשלמה חכם הפליא בתכונתו ה”ה החכם החבר שלמה בן גיסי כרע כאח לי המפואר והנעלה כמה”ר יצחק לוסטרו ובכן באומרים לי בית החכמות נלך שמחתי ועל ידי שיר נאמן זה אליו שלחתי אהבתי ונפשי בנפשו קשורה בתורה וקול זמרה

הנה תורת אל(?) רפואת נפש
גבר שלמה זה בהוד עטרת
עתה לנו הורכב בטיט ורפש
רופא הלא נודע ברוב תפארת
דרש וחקר כל מחופש חפש
כחה וגם בזה ביד גוברת
מרפא לנו או לנשמה דוררשים
לבוא עניו(?) לא תהיו בששים

ויעלו האבר
בין כל אשר דת כח
גבר שלמה זה אנוש הגבר
זרח כאש דת למו
נודע ברוב תפארת
עלה עלי אנשי מרומי קדת(?)
השיב לכל שואל אשר קרהו
שם חק ומשפט לו ושם נסהו

[32] See Benayahu.
[33] The Oriental and India Office Collections, Shelfmark 1978.f.3. I thank Dr. Ilana Tahan for her assistance in identifying the location of this poem.
[34] See Edward Reichman, “Restoring the Luster of Solomon Lustro: Newly identified Congratulatory poems,” Forthcoming.
[35] Library of the Jewish Theological Seminary, Ms. 843, Catalogue Lutzki (L 710 Adler), Elkan Nathan Ms. 987, National Library of Israel System n. 990001130520205171. The manuscript is a miscellany of the writings of Solomon (Shlomo) Marini, including drafts and seed ideas for his sermons, among other items.
[36] Edward Reichman, “The Discovery of a Long Lost “Ḥaver”: A Previously Unknown Ḥaver diploma granted by Rabbi Solomon b. Isaac Marini (1594-1670) to a Medical Graduate of the University of Padua,” Koroth, in press.
[37] M and M, n. 11.
[38] S. Simonsohn, Zikne Yehuda (Mosad HaRav Kook: Jerusalem, 5716), 48. Simonsohn mentions the Ḥaver degree but does not provide a reference.
[39] See Edward Reichman, “Congratulatory Poems for Jewish Medical Graduates of the University of Padua in the 17th and 18th Centuries,” forthcoming.
[40] For the role of Jewish medical graduates of the University of Padua in the Plague of 1631, see Edward Reichman, “From Graduation to Contagion,” Lehrhaus (thelehrhaus.com), September 8, 2020.
[41] For the full Latin text of Morpurg’s diploma, see, Majer Balaban, Historja Żydów w Krakowie i na Kazimierzu 1304-1868 (History of Jews in Kraków and Kazimierz), vol. I (Kraków, 1931), 560. I thank Dr. Andrew Zalusky for this reference, and for the additional information on David Morpurg’s practice in Krakow.
[42] N. M. Gelber, “History of Jewish Physicians in Poland in the 18th Century,” (Hebrew) in Y. Tirosh, ed., Shai li-Yeshayahu (Center for Culture of Poel ha-Mizrachi: Tel Aviv, 5716), 347-371, esp. 350.
[43] M and M, 31.
[44] M and M, n. 100. On Marini, see M. Benayahu, “Rabbi Avraham Ha-Kohen Mi-Zante U-Lahakat Ha-Rof ’im Ha-Meshorerim Be-Padova,” Ha-Sifrut 26 (1978): 108-40, esp. 110-111.
[45] Minute Books of the Council of the Jewish Community of Padua (years 1651-1692), Folio 262v. HM-3104 NLI 990041779800205171.
[46] I thank Laura Roumani for this information.
[47] See Laura Roumani, “Le Metamorfosi di Ovidio nella traduzione ebraica di Shabtai Hayyim Marini di Padova” [Ovid’s Metamorphoses translated into Hebrew by Shabtai Ḥayyim Marini from Padua] (PhD diss., University of Turin, 1992). See also L. Roumani, “The Legend of Daphne and Apollo in Ovid’s Metamorphoses Translated into Hebrew by Shabtai Ḥayyim Marini” [in Italian], Henoch (Turin University) 13 (1991): 319–335.
[48] Modena and Morpurgo, as well as the Jewish Encyclopedia (entry on Solomon Marini) claim that Shabtai Marini (1594-1685), Solomon’s brother, was a physician, though the university does not have record of his attendance. The Ḥaver discussed here is a later Shabtai Hayyim Marini and graduated Padua in 1685. Solomon’s brother Shabtai Marini (1594-1685) may have been Shabtai Hayyim’s grandfather.
[49] M and M, n. 121.
[50] Benayahu, 109.
[51] See Benayahu, “Avraham mi-Zante,” op. cit. On this author and poem, see especially, 115, 124-125.
[52] Sacerdote was 47 years old at the time of this portrait. See also, Salah, op. cit., p. 156-157, n. 227.
[53] JTS Library, Ms. 9027 V5:6.
[54] M and M, n. 133.
[55] For a bio of Rabeni, see Salah, n. 817; Francesca Bregoli, Biblical Poetry, Spinozist Hermeneutics, and Critical Scholarship: The polemical activities of Raffaele Rabeni in early eighteenth-century Italy,” Journal of Modern Jewish Studies 8:2 (2009), 173-198. The biographical information below derives from these sources.
[56] M and M, n. 128
[57] HM 3109 NLI 990041779830205171 photo 55, folio 24b.
[58] Bregoli, 175. On Conegliano and his school, see S. Kottek “Tuviya Cohen in Context,” in Kenneth Collins and Samuel Kottek, eds., Ma’ase Tuviya (Venice, 1708): Tuviya Cohen on Medicine and Science (Jerusalem: Muriel and Philip Berman Medical Library of the Hebrew University of Jerusalem, 2021); Ruderman, Jewish Thought and Scientific Discovery (cit. n. 3), 111–113. For more on the Conegliano family, see D. Kaufmann, Dr. Israel Conigliano (Budapest: Adolf Alkalay, 1895).
[59]  See Bregoli.
[60] S. D. Luzzatto, “Correspondence between C. Theophile Unger and Isaac Hayyim Cantarini,” (Hebrew) in Y. Blumenfeld, Otzar Nehmad 3 (Vienna, 1860), 128-149, esp, 128-131. See also Bregoli, op. cit., 175.
[61] See Salah, op. cit., n. 817.
[63] For example, see the community archive entry for the rabbinic ordination of Shabtai Marini mentioned above.
[63] M and M, n. 131.
[64] HM 3109 NLI 990041779830205171 photo 55, folio 25b.

Below is the transcription of the text:

ליל שלמחרתו יום ד’ י”ו כסליו התנ”ט

להרבות תורה ולהגדיל תושיה עדות ה’ נאמנה לכתם אופיו לא תסולה מפז ומפנינים יקרה נתוועדו מעל’ הרבנים והפרנסים יע”א ובתוכם מע” אהרון הכהן במקום נכנס מעלה והכתירו בכתר חברות התורה עץ חיים היא למחזיקים בה מע” הרופא יוסף פואה ומע” אליעזר מורדו מקורפו הבירה ובמקום שאמרו להתר התירו המצועה שמכאן ולהבא בכל דבר שבקדושה בשם חבר יהיה כל אחד מהם נקרא ולחבר באחדות גמורה אהל למודי התורה בזה דבר למחיה לא יבצר משמה ויעלם על רום המרכבה

כמהר”ר שמעון היילפרון, הרופא יצחק חי כהן מהחזנים, שמואל דוד אוטולינגי רבני עיר הזאת המהוללה

מע” כ”מ יצחק לוסטרו, גבריאל לאונציני, משולם היילפרון פרנסים

אהרון כ”ץ במקום נכנס

[65] See Nathan Koren, Jewish Physicians: A Biographical Index (Jerusalem: Israel Universities Press, 1973), 49.
[66] M and M, n. 135.
[67] HM 3109 NLI 990041779830205171 photo 69, folio 31b
[68] This copy is from the Valmadonna Trust, now in the NLI n. 990040718570205171.
[69] Chirurgia pratica accomodata all’uso scolaresco dedicata all’illustrissimo signor Antonio Vallisnieri … dal dottor Angelo q. Grassin Cantarini (Padova, 1715) There is a copy in the British Library, Identifier: System number: 001490104 Shelfmark(s): General Reference Collection 7482.g.25. UIN: BLL01001490104. This may be the only copy.
[70] See Bregoli, op. cit., 175 and 190 (n. 19).
[71] See Modena-Morpurgo, n. 136.
[72] From HM-3109, Minute book of the council of Padova (years 1692-1710).

HM 3109 NLI 990041779830205171 photo 17-18, folio 6a-6b.
[73] M and M, n. 138.
[74] HM 3109 NLI 990041779830205171 photo 69, folio 32b.
[75] M and M, n. 137.
[76] JTS Library Ms. 9027 V5:22.
[77] M and M, n. 139.
[78] HM 3109 NLI 990041779830205171 photo 69, folio 32b.
[79] I thank Laura Roumani for this information.
[80] M and M, n. 141.

[8] HM 3109 NLI 990041779830205171 photo 55, folio 25b.
[82] See M and M, nos. 141, 213, 219, 220, 228, and 278.
[83] N. Y. ha-Kohen, Otsar ha-Gedolim Alufe Ya‘akov (Haifa, n.d.), 188, paragraph 673.
[84] See also Steinschneider’s Hebräische Bibliographie 21 (1881): 118 regarding the composition of a piyut (either by De Mordis or in his honor) with the acrostic Eliezer (in Hebrew). The text of one of the poems mentioned here, as well as additional acrostic poems by and for De Mordis, can be found in S. Bernstein, Piyutim u-Paitanim Ḥadashim me-ha-Tequfa ha-Bizantinit (collected from manuscripts of the maḥzor according to the custom of Corfu) (Jerusalem, 5701), 58, 59, and 71.
[85] This volume is housed in the Braginsky Collection BCB n. 67 (available online at the Braginskcollection.com). I thank Sharon Liberman Mintz for this reference.
[86] See Daniel Tirney, “Ikare ha-dalet tet” (the Hebrew letters correspond to the initials of the author), O. H., n. 4, p. 12. For more on De Mordo and this musical controversy, see S. Simonsohn, “Some Disputes on Music in the Synagogue in Pre-Reform Days,” Proceedings of the American Academy for Jewish Research 34 (1966), 99-110, esp. notes 31 and 53. I thank Sharon Liberman Mintz for this reference.
[87] See M. Benayahu, Ha-Yahasim she-ben Yehude Yavan li-Yehude Italya (Tel Aviv: Ha-Makhon le-Heker ha-Tefutsot, 5740), 283. There is additional information on De Mordis and his other family members in Salah, Le Republique des Lettres (cit. n. 27), 437–438.
[88] M and M, n. 147.
[89] HM 3109 NLI 990041779830205171 photo 61, folio 27b.
[90] For more on Morpurgo, see, Edward Reichman, “The Illustrated Life of an Illustrious Renaissance Jew: Rabbi Dr. Shimshon Morpurgo (1681-1740),” Seforim Blog (https://seforimblog.com), June 22, 2021.
[91] M and M, n. 184.
[92] Archivio della Comunità Ebraica di Padova, no. 13, p. 213. It was published in RMI 20 (1954), pp. 499-503 by Paolo Nissim.
[93] See Debra Glasberg Gail, Scientific Authority and Jewish Law in Early Modern Italy, Ph.D. Dissertation, Columbia University (2016), 127.
[94] On Navarra, see Cecil Roth, “Rabbi Menahem Navarra: His Life and Time 1717-1777. A Chapter in the History of the Jews of Verona,” Jewish Quarterly Review 15:4 (April, 1925), 427-466.
[95] M and M, n. 241.
[96] See Navarra’s circumcision ledger (1745-1783) at NLI system n. 990001857430205171. The original ledger is housed in the University of Leeds in the Cecil Roth Collection (MS Roth/208). The children of Basilea are listed at numbers 41 and 91, and the children of Ferrarese at numbers 116, 130 and 148.
[97] M and M, n. 267.
[98] Avraham ben Yaakov, Yerushalayim bein haHomot (Megilat Yuhsin), p. 367
[99] Tajan Judaica Auction House, June 27, 2006 (Paris).
[100] JTS Library Ms. 9027 V5:25.
[101] NLI, n. 990002098760205171, p. 33. I thank Laura Roumani for this reference and Dorit Gani of the NLI for her assistance in procuring a copy.
[102] M and M, n. 274.
[103] Otzar Yehudei Sefarad: Toldot Am Yisrael, p. 41.
[104] The following description appears in the Columbia University catalogue: Two diplomas for Menaḥem ben Natan Azar 1. Doctoral Diploma (September 28, 1778) for the Degree of Doctor of Philosophy and Medicine of Menachem (Mandolino) Ben Natan Azzar from the University of Padova, “under Venetian authority,” with three signers. The main signer is Leopoldus Marcus Antonius Caldani Bononiensis (4 leaves, illuminated) — 2. Surgeon Diploma (April 1, 1761) of Menachem di Natan Azzar from the Colleges of Padua and Venice with four signers on behalf of the Venetian “Proveditor General,” Francesco Grimani (1 leaf).




Special Sale

Special Sale

By Eliezer Brodt

פרנס לדורו, התכתבות ר’ אליעזר ליפמן פרינץ עם חכמי דורו, ההדיר וביאר מאיר הרשקוביץ, עורכת ראשית אלס בנדהיים, ערך והקדימם מבואות ר’ נריה גוטל, ירושלים תשנ”ב, 503+ 45 עמודים

פרנס לדורות, ר’ אליעזר ליפמן פרינץ הגהות ומאמרות, ההדיר וביאר מאיר הרשקוביץ, עורכת ראשית אלס בנדהיים, ערך משנה ר’ נריה גוטל, ירושלים תשנ”ט, 496 +15 עמודים.

About twenty years ago I discovered two remarkable seforim titled Parnas Ledoro and Parnas Ledorot in a library. Baruch hashem at the time I was able to find copies to purchase. Eventually I found some more copies and was able to supply them to some other friends.

These two volumes are beautifully produced and are “must owns” for those interested in the kind of works that contain fascinating bibliographical materials along side correspondences with many Gedolim and other “book people”. Just to Highlight some of the who’s who that the author R’ Eliezer Liepman Philip Prins corresponded with was the Netziv, R’ Chaim Berlin, R’ Meir Yona, His son R Mordechai, R’ Yaakov Shor the Chafetz Chaim and many others. In addition, the volumes include his glosses on Shas, the Yosef Ometz, Netziv , and numerous articles he wrote. These volumes are fully annotated, along with introductions to each letter, full of valuable background material.

In a recent, beautiful Tablet Magazine article devoted to the Person Behind the production of these remarkable volumes, Mrs. Els Salomon-Prins Bendheim, Dr. Theodor Dunkelgrun writes:[1]

Els Salomon-Prins Bendheim, who died this past January in her hundredth year, happened upon a spectacular library, a collection of more than 6,000 manuscripts, printed editions, and ephemera, when she first visited Jerusalem in 1949 at the age of 26. The library was the life’s work of the Dutch scholar Eliezer Liepman Philip Prins (Arnhem 1835-Frankfurt 1915). Els Salomon-Prins Bendheim was his granddaughter. With time, she discovered, the library had become an archive of sorts. The margins teemed with manuscript annotations and tucked between the pages she found letters from some of the most prominent rabbis and scholars of the 19th and early 20th centuries. The encounter with his books lit a double flame of love and learning within her, and she devoted the rest of her life to safeguarding her grandfather’s memory by editing his correspondence and his marginalia, in Hebrew and in Dutch, faithfully trying to capture the portrait in his library.

Dr. Theodor Dunkelgrun than goes on to describe:

Mrs. Bendheim… gave me copies of the three books (two in Hebrew, one in Dutch) that she had devoted to her grandfather: Liepman Philip Prins: His Scholarly Correspondence (1992), Liepman Philip Prins: His Scholarly Contribution (1999) and Marginalia: An Amsterdam Scholar from the Mediene (2001). Together, those books painted a portrait of a remarkable figure—a learned independent scholar, book collector, contributor to Jewish scholarly journals of the late 19th and early 20th centuries as well as to the Dutch Jewish press. From his home in Arnhem, he had set out to connect with the leading Jewish figures of his time. Eventually, his correspondents would include Solomon Buber, Meir Friedmann (Ish-Shalom), Solomon Geiger, Louis Ginzberg, Esriel Hildesheimer, British Chief Rabbis Nathan Marcus Adler and Herman Adler, Yisrael Meir Kagan (the Chafetz Chaim), Naftali Zvi Judah Berlin (the Netziv), his son Chaim Berlin, and Samson Raphael Hirsch.

It was through his membership of this modern republic of rabbinic letters that Prins had made his greatest contributions to Jewish scholarship, as a connector and go-between with unsurpassed knowledge about the worlds of Jewish scholarship and Jewish books. Aware of the Romm publishing house’s preparations for a new edition of the Babylonian Talmud and with an insider’s intelligence about Amsterdam’s Hebrew printers, Prins managed to secure a unique and invaluable source for Vilna editors to include: a copy of the Frankfurt 1720 edition of the Babylonian Talmud densely annotated by the brilliant Rabbi Jacob Emden (1697-1776) that had come into the possession of Amsterdam’s Proops printing family (Emden’s copy of the Talmud survived, and came to Jerusalem in 1934 when the National Library acquired books and manuscripts from the Romm printing house).

The inclusion of her grandfather’s glosses on Tractate Hullin in the “Vilna Shas” and the acknowledgement of his contribution to what became the Talmud’s canonical edition in the Acharit Davar (the publishers’ general epilogue at the end of Tractate Niddah) were the source of Mrs. Bendheim’s greatest yichus. Several years later, Prins supplied the Moravian scholar David Kaufmann with one of two surviving manuscripts to use for the first edition (1896) of the memoirs of Glikl bas Leib of Hameln (1646-1724), the most important surviving ego-document of any Jewish woman written prior to modern times.

For a short time only these two volumes are available for purchase ($24 for the TWO volumes before shipping). For more information about this email me at Eliezerbrodt-at-gmail.com.

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

Here are the TOC of the two volumes.

Volume I:

Volume II:.

[1] Reprinted here with Permission from the Author.




An Autopsy in Antebellum America: Exhuming a Forgotten 19th Century Halachic Debate on Cadaveric Dissection Part I

An Autopsy in Antebellum America:
Exhuming a Forgotten 19th Century Halachic Debate on Cadaveric Dissection
Part I

By Shimon Garrel

Shimon Garrel is a current M.D. candidate at SUNY Downstate Health Science University. He is a graduate of Touro College and studied in various yeshivas in New York and Israel. 

Halachic Considerations

This article is part I of II that will seek to address two points. The first and primary goal is to bring to light a somewhat forgotten and unacknowledged controversy regarding the permissibility of cadaveric dissection of Jewish bodies that took place in the heart of New York in 1856. A secondary aspect of this study which will appear in Part II is to examine the primary halachic responses to this debate especially in light of the contemporaneous halachic literature on the subject of performing a Post-Mortem.

To fully appreciate the background of this controversy we will begin with a short review of some of the primary halachic positions on autopsies leading up to 1856. Any discussion on halachic autopsies begins with Rabbi Yechezkel Landau, author of the Noda Be-Yehuda. The Noda Be’Yehuda’s landmark teshuva, Tinyana Y.D. 210, was the first teshuva of a world renown posek to directly address the permissibility of autopsies. Since its publication, the body of teshuvos and literature addressing the subject has grown almost exponentially. The question posed to the Noda Be’yehuda, was whether the body of a patient who passed away from a suspected gallstone[1] may be dissected to understand the pathology of the disease.

Regarding your treatise, which you sent to me, and which offers a presentation of the issue that you were asked about by the holy community of London: It happened that someone was ill with a gallstone. The physicians performed surgery, as usual for such an affliction, but it did not cure him, and he died. The sages of that city were asked if it is permissible to dissect the cadaver in that place to see evidence of the root of the affliction, and to learn from it for the future practice of medicine, so that if such a case occurs again, they know how to perform the surgery necessary for a cure without incising him too much, thus minimizing the risks of the surgery. Is this prohibited because it constitutes desecration and disgrace of this corpse, or is it permitted because it leads to the future saving of lives, so that they may take the utmost caution in their craft.

…In our case, there is no ill person who needs this. Rather, they want to study this discipline in case they encounter a sick person who requires it. We certainly do not supersede any Torah prohibition or even a rabbinic prohibition due to such a slight concern. For if you call this concern “an uncertainty pertaining to a life,” then any task related to healing—grinding and cooking medicine or preparing a scalpel for bloodletting—will be permitted on Shabbat, perhaps they will encounter a sick person who requires it that night or the next day. It is also difficult to distinguish between concern for the need arising in the near future and concern for the need arising in the distant future. Heaven forfend that such a thing should be permitted. Even gentile physicians do not gain surgical experience with just any corpse, but only with those put to death by the law[2] or with those who themselves consented to it while living. If we, God forbid, are lax in this matter, they will operate on every corpse to learn anatomy and physiology, so that they may know how to cure the living. Therefore, this is all unnecessarily lengthy, and there is no lenient approach whatsoever.[3]

For the next century, many if not all halachic deliberations on the matter of autopsies centered around the conditions set by the Noda Be-Yehuda’s ruling. The Noda Be’Yehuda’s perspective on this is clear. An autopsy may only be permitted in a matter of life and death that is “lefanenu”, where performing the autopsy can immediately benefit a high-risk patient. Post-Mortem examinations with the intent of simply studying “ in case they encounter a sick person” does not rise to the level of pikuach nefesh which would permit violating various prohibitions of desecrating a body. The Chasam Sofer, Y.D. 337 commenting on the Noda Be’Yehuda’s psak, agreed to the essence of the teshuva and introduces another element not cited by Rabbi Landau, which is that of a dead body being forbidden to derive benefit from. Without a direct beneficiary of the knowledge gained by the medical autopsy, writes the Chasam Sofer, it is forbidden to conduct a dissection both on grounds of Nivul Ha-Meis, desecration of the dead, and Issur Hanah, the inability to derive any benefit from a dead body.[4]

Rabbi Yaakov Ettlinger, the famed German Talmudist and Posek, took an even more hardline approach than the Noda Be-Yehuda and the Chasam Sofer. In Teshuva 170 published in his Binyan Tzion, he quotes the Noda Be-Yehuda and argues that even if there would be a deathly ill patient who may benefit from the knowledge gleaned from the dissection of a Jewish corpse it is absolutely forbidden to save one’s self by desecrating another body.[5]

We have now seen a brief collection of the positions of some of the most widely respected poskim of the late 18th and early 19th century Europe. The consensus of these poskim with the notable exception of Rabbi Ettlinger, would be to allow an autopsy only in a case where there is a patient who will directly benefit from the anatomical and pathological knowledge derived from that dissection.

Jews’ Hospital of New York

By the year 1848, the New York City Jewish population had swelled from an estimated count of 950 in 1826 to 13,000.[6] The increase in Jewish population in New York reflected the influx of Jewish immigrants that had begun making their way to the United States. This wave of immigration consisted mainly of Jews hailing from Central and Western Europe. Like many immigration stories, a mix of push and pull factors like political instability in the rapidly changing German confederacy, the economic needs of Jewish families due to the rapidly increasing industrialization, and perhaps a spirit of adventure, caused many German Jews to journey to America.[7]


Sampson Simson

With large amounts of immigrants settling in the slums of New York, it came to the attention of some of the wealthier Jews in New York, that a gaping medical void needed to be filled. While immigrant Jews requiring medical care could get it at city hospitals like Bellevue Hospital, many faced discrimination and it certain cases, may have even been refused treatment. With the unabated Jewish population growth, the urgency to open a Jewish hospital became more and more pronounced. On January 15th, 1852, a small group of nine friends, most of them prominent members of “high society” as well descendants of some of the earliest Jewish families in America, gathered in the Trustees’ room of Shearith Israel, the historic Spanish Portuguese Synagogue, and incorporated “The Jews’ Hospital of New York”. The nine represented a cross section of some of the most important and connected Jews in New York who had worked together on other charitable causes. The leader and most senior member of the group was 72-year-old Sampson Simson. Simson, a Columbia College graduate who studied law under Aaron Burr, had been involved in many other charitable enterprises after his early retirement spent the rest of his life involved in public affairs and charity.[9] The other eight were each men of repute, Rev Samuel M. Isaacs, famous for being on of the officiating clergy men of President Lincoln’s funeral. The others, John I. Hart, Benjamin Nathan, John M. Davies, Henry Hendricks, Theodore J. Seixas, Isaac Phillips and John D. Phillips were wealthy businessmen who had participated in varies Jewish charities and were eager to contribute to this much needed project. With Sampson elected as president of the first board of Directors of the Hospital, the mission statement was defined as to provide “medical and surgical aid to persons of Jewish persuasion and for all other purposes appertaining to Hospitals and Dispensaries”.

Within a few months, funds were raised, and a location was purchased by Sampson on 28th street between 7th and 8th Avenues, which at the time was away from the hustle of lower Manhattan and in the “rural” part of Manhattan Island. By Fall of 1853, the cornerstone had been laid and construction had commenced. On May 17th 1855, the Jews’ hospital was opened in a religious ceremony that was led by Reverend Jacques Judah Lyons, the Suriname born rabbi of the Shearith Israel, as well as Ansel Leo, a nephew by marriage to Simpson and leader of congregation B’nai Jeshurun, the second oldest orthodox shul in Manhattan after Shearith Israel.[10] And finally, on June 5th 1855, the first patient was accepted to Jews’ Hospital of New York. With great fanfare the first Jewish hospital in New York, and the second in the country,[11] was opened to the Jewish public.

Figure 2 From the Picture Collection of the New York Public Library. Jews’ Hospital in New York. Printed on border: “Incorporated February, 1866. 138 and 140 West Twenty-eighth Street, between Seventh and Eighth Avenues.” In 1866 the hospital ceased acting as a sectarian institution.

A “Dissection” for the sake of Heaven

The house staff of Jews’ Hospital consisted of what today would be called an all-star team. As detailed in “The story of the first fifty years of the Mount Sinai Hospital, 1852-1902”; pg’s 22 -23.

The first Staff, announced by the Board of Directors on May 21, 1855, included some of the most prominent physicians and surgeons practicing in New York. These men had faith in the efforts of Sampson Simson and his associates. There were four Consulting Physicians. One was Chandler R. Gilman, a witty conversationalist who in his younger days had supplemented the meagre earnings of his early medical career by writing.49 He was Professor of Obstetrics and Diseases of Women and Children at the College of Physicians and Surgeons, having been appointed in 1841; and in 1894 he was one of the few contemporary physicians to insist that there was such a thing as criminal insanity and that such criminals should have special treatment. Another was William Detmold, a German, who had introduced orthopedic surgery in New York, had founded an orthopedic clinic at the College of Physicians and Surgeons in 1841, and was to be the first President of the New York County Medical Association in 1884. William H. Maxwell was the third Consulting Physician, while the fourth was Benjamin W. McCready, a highly respected physician and an early contributor to the funds of the Hospital. The two Attending Surgeons were Israel Moses, an Army surgeon who also had contributed toward the building of the Hospital, and Alexander B. Mott, the son of Valentine Mott … He was an excellent surgeon in his own right, and the founder of Bellevue Medical College. There were three Consulting Surgeons: the great Valentine Mott; Thomas M. Markoe, one of the founders of the New York Academy of Medicine eight years earlier; and Willard Parker, a leader in surgery, a brilliant lecturer who had taught at Berkshire County Medical College and the College of Physicians and Surgeons, and a co-founder with Daniel Drake of the Cincinnati Medical College in 1835. The Resident and Attending Physician was Mark Blumenthal.[12] A member of the Portuguese Congregation, Mark Blumenthal was its official doctor in its help of the sick.

With an impressive roster of physicians and large financial backing from the Jews of New York, the Jews’ Hospital at the time of its opening was placed in the unique position of being unencumbered by prehistoric medical practices and policies while being run by some of the most forward-thinking and innovative physicians in New York. With a top-of-the-line staff, the introduction of some newer methodologies was not long in coming. On December 5th of 1855, exactly 6 months after the hospital’s opening, a meeting was called at the behest of Dr. Blumenthal, the house physician of the hospital and important to note, a practicing Jew. Dr. Blumenthal asked for permission to perform a post-mortem dissection on a deceased patient, as a “justification” to defend himself against the consulting physician who disagreed with Dr. Blumenthal’s assessment on the cause of death.[13] The use of post-mortem examination to determine cause of death was a fairly new phenomenon for the 19th century.[14] Advances in anatomic as well as histologic pathology had begun to take root in medical practice in Europe. French physician and “Father of Histology” Xavier Bichat (1777 -1802) famously wrote that “we should dissect in anatomy, experiment in physiology, and make necropsy in medicine; this is the threefold path without which there can be no anatomist, no physiologist, and no physician.”T[15] The spirit permeating western European hospitals especially was that a great physician wedded clinical medicine with knowledge gleaned from anatomic and pathologic examinations. Blumenthal, besides serving as the deputy coroner of New York city in 1853, spent part of 1854 visiting hospitals in London, Paris, and Munich.12 There is no doubt he bore witness to some of the attitudes and practices present in these hospitals and took some of what he learnt back to New York.

At the convened meeting, Dr. Blumenthal’s request was discussed, and the Board of Directors approved the post-mortem examination. It wasn’t long before word of the autopsy began to circulate and the Board of the Jews’ Hospital met once again on January 14th to appoint a committee to investigate whether a carte blanche policy to post mortems at the hospital should be allowed. The committee decided to submit the question to Rabbi Dr. Nathan Adler, Chief Rabbi of England, to decide whether autopsies should be permitted under “any circumstances.”[16]

Endnotes

[1] While frequently assumed to be referring to gallstones, Rabbi Dr. Edward Reichman has convincingly argued that it is in fact a case of bladder stones. See Reichman, E. (2021). The anatomy of Jewish law: A fresh dissection of the relationship between medicine, Medical History & Rabbinic literature. OU Press. pg’s. 344 -350. Although mention should be made of the work of the French anatomist and Surgeon Jean-Louis Petit who reported and advocated for performing cholecystostomy in the early part of the 18th century. See Clark BB., Livingston WT. Evaluation of Cholecystostomy. AMA Arch Surg. 1956;72(2):218–223. For an overview of Jean-Louis Petit’s life, see Markatos, K., et al; Jean-Louis Petit (1674–1750): a pioneer anatomist and surgeon and his contribution to orthopaedic surgery and trauma surgery. International Orthopaedics (SICOT) 42, 2003–2007 (2018). I have left “אבן בכיס” as gallstones to maintain the original Sefaria translation.
[2] Interestingly, criminal bodies were the most common source of cadavers in England beginning with the English Murder Act of 1752. England of the early 18th century was experiencing concurrently a growth in the number of medical schools in the country as well as a perceived rise in crime. Hoping to “kill” as it were, two birds with one stone, Parliament passed the Murder Act in which bodies of executed criminals were to be used as medical cadavers. The hope was that this would both serve as a deterrent to criminals as it preyed on commonly held Christian religious sentiment about the need for proper burial. Similar laws were soon passed throughout parts of Europe and no doubt the Noda Be’Yehuda was aware of these codes. Understanding this also helps provide important perspective into the psak of the Noda Be’Yehuda. For a comprehensive legal and historical background on the passing of the Murder Act See Tarlow S, Battell Lowman E. Harnessing the Power of the Criminal Corpse (2018). Cham (CH): Palgrave Macmillan; 2018. Chapter 4, Murder and the Law, 1752–1832.
[3] Translation taken from Sefaria.
[4] Regarding the Chasam Sofer’s psak that studying medicine from dissections is considered Issur Hanaha see שות נצר במטעי סילא and She’elot U’Teshuvot Be’er Moshe(Danishevsky) Y.D. 52 who discuss and challenge this assumption.
[5] The novel ruling of Rabbi Ettlinger, that one may not be saved by way of desecrating a dead body has been challenged by many other Poskim. See the direct response of the Maharam Schick to Rabbi Ettlinger in She’elot U’Teshuvot Maharam Schick 336. See further Rabbi Ettlinger’s reply in She’elot U’Teshuvot Binyan Tzion 171.
[6] Oppenheim, S. D. (1918). The Jewish Population of The United States. The American Jewish Year Book, 20, 31–74. http://www.jstor.org/stable/23600990
[7] On the German Jewish immigration to America, see generally Barkai, Avraham. Branching Out: German-Jewish Immigration to the United States, 1820-1914. New York: Holmes & Meier, 1994 and Diner, Hasia R. A Time for Gathering: The Second Migration, 1820–1880 (1992).
[8] Isaacs, M. S. (1902). SAMPSON SIMSON. Publications of the American Jewish Historical Society, 10, 109–117. http://www.jstor.org/stable/43059667
[9] Mount Sinai Hospital (New York, N., Benedict, J. (1944). The story of the first fifty years of the Mount Sinai Hospital, 1852-1902. New York. See pages 5 and 6 for a detailed account of each of the founding directors.
[10] Ibid. pg 9.
[11] The first Jewish hospital in the United States was the aptly named Jewish Hospital of Cincinnati. It was founded around the year 1850. See pg. 4 of the December 9th 1853, edition of the Asmonean, a 19th century Jewish weekly, for an amusing letter to the editor by the board of the Cincinnati Jewish Hospital “clearing up” that they were the first Jewish hospital incorporated in the United States.
[12] See the entry on Blumenthal from the Jewish Encyclopedia available at https://jewishencyclopedia.com/articles/3434-blumenthal-mark for more information.
[13] Jews’ Hospital Minutes of the Board of Directors December 5th, 1855. Arthur H. Aufses, Jr., MD Archives, Mount Sinai Hospital.
[14] With the publication of the first serious work on pathology, De Sedibus et causis morborum per anatomen indagatis “Of the seats and causes of diseases investigated through anatomy” in 1761 by Giovanni Battista Morgagni, the connection between anatomy and disease had just begun to solidify.
[15] King LS, Meehan MC. A history of the autopsy. A review. American Journal of Pathology. 1973 Nov;73(2):514-44.
[16] The Occident, Vol XIV, Nu. III, pg 128.