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R. Isaac Arama, R. Kook, Mordecai Kaplan, and more

R. Isaac Arama, R. Kook, Mordecai Kaplan, and more
by Marc B. Shapiro
1. In the last post I discussed R. Isaac Arama. In his Conversos, Inquisition and the Expulsion of the Jews from Spain, p. 53, Norman Roth states that Arama was not a “great scholar.” If he means to say that Arama wasn’t a great talmudist (as has been stated about Ibn Ezra and Abarbanel), then perhaps he has a point (although I am sure this would be debated). But I don’t see how the title “great scholar” can be denied to Arama whose Akedat Yitzhak is a classic of Jewish literature and shows his vast knowledge.
Because the style of Akedat Yitzhak does not make it an easy read, many people avoid the work which is a shame as it is full of fascinating insights. One of his views that has often been quoted is that while it is true that individuals have free will, this is not the case for the Jewish people as a whole. It is built into the nature of the Jewish people that there can never be a time when the entire Jewish population rejects God.[1]
I think readers will also find it interesting that in discussing the role of women, he says that their second purpose (which he terms the lesser purpose – התכלית הקטן) is to have children.[2] However, the primary purpose of women is seen in the following quote, which I think is incredible when one considers how most medievals viewed women.
האחד מה שיורה עליו שם אשה כי מאיש לוקחה זאת וכמוהו תוכל להבין ולהשכיל בדברי שכל וחסידות כמו שעשו האמהות וכמה צדקניות ונביאות . . . ודאי עקר תולדותיהם של צדיקים מעשים טובים
How many contemporary Orthodox writers advocate the viewpoint that the primary purpose of women is to bear children, and that is where they find their fulfillment? Yet Arama rejects this completely. Arama’s understanding allows him to explain why Jacob was angered with Rachel when she said to him, “Give me children, or else I die.” (Gen. 30:1). Rachel didn’t realize that the main purpose of the righteous, and this also includes women, is good deeds. She mistakenly thought that her primary goal in life was to have children, and without that her life had no value. Jacob became angry since Rachel didn’t understand the basic point that the value of women is not simply dependent on how many children they can produce.[3]
It is well known that R. Meir Arama accused Abarbanel of plagiarizing from his father, R. Isaac. Abarbanel made heavy use of R. Abraham Bibago, and this also might be considered plagiarism (although much what we would regard as plagiarism today was not regarded as such in medieval times).[4] Abarbanel also used other writings without acknowledgment, such as R. Eleazar Ashkenazi ben Nathan ha-Bavli’s Tzafnat Paneah,[5] R. Nissim of Gerona’s Derashot,[6] and the medieval work Zekhut Adam.[7] R. Azariah de Rossi even accused Abarbanel of plagiarizing from Jerome.[8]
 מן הנראה כי גנוב הוא את החכם דון יצחק מדעת המעתיק לנוצרים בפרוש דניאל
In the introduction to his edition of Akedat Yitzhak, R. Hayyim Joseph Pollak mentions Abarbanel’s unacknowledged use of Arama’s work, and he is not sure what to make of it. In one case he refers to it as שגגה שיצא מלפני השליט. In general, he assumes that Abarbanel copied material from Arama for his own use, without intending to publish it. Yet by the time he published his own biblical commentaries he had forgotten that some sections of this work had come from Arama. Pollak also suggests, without any evidence whatsoever, that originally Abarbanel did mention Arama, yet these references were removed by others who had access to the manuscript. They did so in order to give greater glory to Abarbanel, so that he be given the credit for everything in the commentary.
השמיטו הם (או המעתיקים הבאים אחריהם) את שם בעל עקיד’ ז”ל מהמאמרים הלקוחים מאתו, בחשבם להרבות בזה כבוד הר”א ז”ל, אם יראו כל דברי ספרו כאילו הם ממנו לבד
Pollak’s defenses do not make much sense, and the best explanation is as mentioned, namely, that current standards of plagiarism are not like those found in medieval times.
Speaking of R. Isaac Arama, there are a number of references to him in the new edition of R. Raphael Berdugo’s commentary on the Torah, Mei Menuhot (I have mentioned R. Berdugo in a few prior posts). Here is the title page.

Here is page 918 of the commentary, where you can see that he quotes the Akedat Yitzhak who is criticizing Narboni.

On the top of the second column he refers to המדברים. The problem is that the editor doesn’t know what this term means (or for that matter, the word ההעברה),[9] and provides some fanciful explanation. However, just a little investigation would have revealed that the “Medabrim” are the Mutakallimun, that is, the followers of the Kalam. (Kalam means “word,” “conversation,” or “discourse”.) All one needs to do is open Ibn Tibbon’s translation of the Guide, and you will find lots of references to them. There is also a reference to them in Ibn Tibbon’s translation of Shemonah Perakim, ch. 6. 
The following appears in Guide 1:73 (Ibn Tibbon translation):
ההקדמה העשירית הוא זאת ההעברה אשר יזכרהו וזהו עמוד חכמת המדברים

The problem I am focusing on is not just that the editor did not recognize the term המדברים. It is that he should have been able to see that this was something he didn’t know, which in turn would lead him to investigate. This is a common problem, namely, it is not just that people don’t know, but that they don’t know that they don’t know.[10] What we should be able to expect, however, is that when an editor sees a term or expression that he doesn’t recognize, rather than engage in fanciful speculation he should actually consult with someone who might be able to understand the text.

Let me give another example of what I am referring to from the haredi world. This should not be taken as a general criticism of haredi editors. On the contrary, most of the best editions of rabbinic texts are edited by haredi scholars. They are experts in what they do and we all benefit. They, more than anyone else, are embarrassed when amateurs try to edit texts with all the errors they bring. (In a future post I will bring examples of mistakes by academic scholars in texts they edited, errors that could have been avoided had they consulted with real talmidei hakhamim.)

A few years ago a new edition of Maimonides’ ethical will, with an extensive commentary, was published. Here is a page from the work.

The only problem is that this supposed ethical will is a forgery, a fact recognized by R. Jacob Emden.[11] Actually, let me more exact; only the second part is a forgery, the part where Maimonides addresses his son R. Abraham and among other things tells him that the French scholars “don’t appear to recognize the Creator, blessed be He, except when they are ingesting boiled ox meat, seasoned in vinegar and garlic. . . . Generally, they have two wives, so that their minds are invariably fixed on sex, eating and drinking, and other sensual pleasures.”

The first part of the ethical will, before you come to דע בני אברהם, is not a forgery, but a case of mistaken identification. As noted by Israel Abrahams,[12] and more recently by R. Yitzhak Sheilat,[13] this first part is actually an ethical will of an Italian Jew directed towards his sons. He directs his words to them in the plural. Somehow, this ethical will got attached to the forged document of Maimonides, which of course is directed towards his son in the singular.[14]

In the introduction, the editor, R. Hillel Copperman, deals with the matter of the document’s authenticity.[15] He reports that he went to an unnamed great talmid hakham who told him in no uncertain terms that the ethical will was not written by Maimonides. When challenged that both R. Solomon Luria and the Hatam Sofer assumed that it was indeed written by Maimonides, this talmid hakham was not moved, and stated that they were both in error. It is not clear why the editor does not reveal the name of this talmid hakham. It could be that he is R. Shlomo Fisher, as later in the introduction the editor cites him by name, showing that R. Fisher was consulted in this matter.

After quoting from the anonymous talmid hakham, Copperman refers to numerous earlier sources that assume that the document was written by Maimonides, including various Mussar figures and also R. Aaron Kotler. He then cites R. Moses Samuel Shapiro that even though there might be difficulties with the work, one does not reject a tradition (that the document was authored by Maimonides) based on difficulties. Copperman then tells us that he asked R. Shmuel Auerbach who was uncertain about the matter. That is, the fact that earlier scholars assumed that the ethical will was written by Maimonides did not convince him of its authenticity.

Following this, Copperman went to R. Chaim Kanievsky. He was surprised to hear from R. Kanievsky that the latter had never seen or even heard of the ethical will! To say that this is difficult to believe is to put it mildly. It is indeed impossible to believe. One doesn’t need to be a great scholar to know of this work, which appears in various books and is referred to by numerous authors. Anyone who has been exposed to R. Kanievsky’s unparalleled wide-ranging knowledge knows that he is well aware of the ethical will and must also have reached an opinion about its authenticity, which for some reason he did not want to share with Copperman. Copperman himself raises this possibility but rejects it, seeing it as unlikely that R. Kanievsky would not tell him the truth.

חשבנו שמא לא רוצה הוא להיכנס לסוגיא זו, ומשנה מפני השלום. אך זה רחוק מאד בעינינו

All I would say is that while Copperman might regard this as unlikely, it is much more unlikely (actually, impossible) that a walking encyclopedia like R. Kanievsky has never even heard of the famous ethical will attributed to Maimonides.

Copperman then went to R. Steinman, and he tells us that it was clear to him that R. Steinman does not believe that the problems with the ethical will are enough to refute its authenticity. Yet he also tells us that R. Steinman referred to the matter of the Yerushalmi Kodashim, in order to show that something that even great rabbis originally regarded as authentic could later be shown to be a forgery. This latter point would appear to show that R. Steinman is not certain about the matter.

In seeking to determine if a document attributed to Maimonides is authentic, Copperman turns to the gedolim, the ones who determine Da’as Torah. Yet there are a number of people, some in the haredi world, who are experts in Maimonides’ writings, in particular, his letters and manuscripts. Shouldn’t they be the people to turn to? Shouldn’t Copperman have consulted with R. Yitzhak Sheilat or R. Shlomo Zalman Havlin, to give just two names? This is just one example of how some editors in the haredi world are simply not doing their job properly. It would be one thing to just reprint the ethical will without comment, but once Copperman writes an introduction to discuss its authenticity, how can he possibly assume that the matter will be settled simply by citing R. Steinman’s opinion, especially since R. Steinman would agree that he has no expert knowledge of this issue?

Let me return to Norman Roth, mentioned above and from whom the Seforim Blog recently had the privilege of publishing a post. He is a well-known expert in Spanish Jewish history. His footnotes in particular are always worth reading, as he uses them to correct all sorts of misconceptions. There are many supposed facts, continuously repeated, that actually have nothing to stand on, and throughout Roth’s works errors such as these are corrected. I mention this because I too might be a future subject of one of these footnotes. My book on censorship is currently with the publisher and I can’t make any further changes. In this book I deal with Ibn Ezra’s Iggeret Shabbat and discuss the controversy over whether it was directed against Rashbam. In a recent article which I just read, and thus could not refer to in my book, Roth sums up his position (which I think is unique) as follows: “In my opinion, it is highly unlikely that he [Ibn Ezra] ever went to England, and the “Sabbath letter” is surely a forgery.”[16] I am curious to hear what Ibn Ezra scholars have to say about Roth’s argument.

2. In my post here I quoted R. Nathan Lopes Cardozo’s rejection of dogma. He continues this theme in his recent article in Conversations 19 (Spring 2014). The article is titled “God is Relocating: A Critique of Contemporary Orthodoxy – Four Observations,” and I offer here a selection from it. Are there any other Orthodox (a term Cardozo rejects) rabbis who agree with the sentiments that follow?

The truth is that Jewish Orthodoxy (from the Greek orthos [“true” or “right”) and doxa (“opinion” or “belief”) never existed. Originally Judaism was highly unorthodox. Although it always believed in God and Torah, it never offered any specifics of what God meant or what Torah consisted of. That was left to speculation, never to be determined. The early Sages, as testified by the Talmud and philosophers, disagreed on some of the most fundamental issues of faith.

But over the years we wanted more certainty. We wanted it handed to us on a silver platter, so that we could avoid debates and live a life of religious comfort, apathy, and mediocrity. Influenced by other religions, we adopted the need for cast-iron certainty and psychological security. So we began to rewrite Judaism in a way that would fit into the notions of established religions – well-structured, with a good dose of dogma. What we did not realize is that by doing so, we misrepresented Judaism by losing sight of the plot, thus doing it a great disservice.

We need to realize that our epoch of uncertainty is in fact much more conducive to authentic Judaism than all the conviction we’ve had in previous generations. It forces us to rediscover what Judaism is really about and gives us the opportunity to rebuild where rebuilding is required and leave untouched what should remain untouched.

Tamar Ross is another liberal Orthodox thinker. Here are three separate passages from a recent article.[17]

It is precisely because of the importance of everyday “realist” assumptions in cementing religious commitment that so much effort is expended by religious conservatives in cordoning off some religious beliefs as off-bounds to demythologizing or re-interpretation. Because the notion of “truth” and religious commitment are so intimately connected in the human psyche, critical scrutiny of beliefs that appear indispensable to the system is sometimes held back by upholding the remote possibility that future investigation will overturn current impressions. When scientific discoveries or deeply felt moral intuitions render even such eventualities incredible, religious adherents may resort to deliberate bifurcation, conducting themselves in accordance with reason in the laboratory and in their everyday lives while preserving professions of faith in the synagogue and in formal allegiance to what are regarded by current halakhic consensus as unavoidable halakhic constraints. Irrespective of the difficulty some may have in granting legitimacy or persuasive value to such policies, it would be fair to say that a religious world-view lacking any claims of attunement to a reality beyond its self-contained universe of discourse will never match traditional belief in its ability to preserve the intensity of feeling generated by its models and paradigms and to transmit the passion of its message to future generations.

Given these precedents, we would do will to rid ourselves once and for all of the misnomer of Orthopraxy, often invoked in a pejorative sense in order to dismiss halakhically conformist behavior that is not grounded on acceptance of dogma in its literal sense. Any behavior externally conforming to that which is historically and sociologically identified with traditional halakhic practice indicates some form of belief or justification though it may not tally with the naive objectivism of strict correspondence theory.

Postmodern language theory can redeem modern Orthodoxy from its counter-productive attachment to naive objectivism. The epistemological modesty of non-foundationalism can help religious adherents move away from overly rigid definitions of doctrine and allow them to return to the pre-modern function of religion as providing a valuable universe of discourse and a compelling way of life. It can extricate them from a mindless and stultifying triumphalism and encourage the willingness to refine religious convictions by listening carefully to other points of view.

After reading Cardozo, Ross, and numerous others I have quoted in the past, the only conclusion that can be reached is that, despite what Centrist rabbis like to claim, it is certainly not dogma, Maimonidean or otherwise, that holds wider Orthodoxy together. 

In thinking about the place of dogma, people should pay close attention to the following passage from R. Kook (Shemonah Kevatzim 1:765). R. Kook tells us that even “heretics” can have a more profound belief than so-called Orthodox Jews, and are thus described by the verse from Habakkuk 2:4  צדיק באמונתו יחיה.

לפעמים ימצא כופר שיש לו אמונה חזקה, פנימית, מאירה, נובעת ממקור הקדושה העליונה, יותר מאלפי מאמינים קטני אמנה. דבר זה נוהג באישים פרטיים וכן בדורות, ועל כולם נאמר צדיק באמונתו יחיה
R. Kook’s new published volumes contain many important texts dealing with belief, and I have quoted a number of them in prior posts. Here are some more significant passages.

Kevatzim mi-Ketav Yad Kodsho, vol. 1, p. 182: R. Kook explains that there are two types of faith, one which is based on absolute truth, and one which he refers to as אמונה הסברית. This latter type of faith is not absolute but changes with the times. For example, in one generation one can base a belief on a certain notion (scientific, moral, etc.) while in another generation, such an approach cannot be used, because the underlying notion is no longer accepted, and to use it will be dangerous to faith. We can all think of examples where this is so, i.e., where an explanation used to strengthen faith, and which was successful in its time, today will turn people off from Judaism (for example, explanations for kashrut and circumcision, or various descriptions of women’s nature and their necessary subservience to men, used to explain women’s position in Judaism). Similarly, there are examples where years ago an explanation could not have been used because of its negative impact, while today it can have a positive impact (for example, using evolution in explaining Torah). R. Kook sees the notion he is expounding upon as alluded to in Maimonides’ famous conception of “necessary truths” (Guide 3:28). 

R. Kook’s point is very important as it tells us that while the core of belief remains absolute and unchanging, the way it is understood and expressed must change with the times. This explains why earlier rabbinic conceptions of Judaism are not always satisfying to moderns. Some people assume that the reason for this is because we are at a much lower level than earlier rabbinic greats. R. Kook’s point, however, is that everyone, in every era, is subject to the times, and even the earlier examples of אמונה הסברית  are only to be regarded as provisional. As mentioned, this is a very important point and it could be expanded at great length.

שתי דרכים לאמונה, האחת האמיתית המוחלטת, והשנית ההסברית. האחרונה משתנה היא לפי הזמנים. ישנם זמנים שאם יהיה איזה עיון מתפרסם ומוחזק, היה מזיק ליסוד דברי אמונה ברורים מצד האמת המוחלטת. ואחרי אשר העולם המדעי קבל צורה אחרת בהמשך הזמן, אבדה האמונה ההסברית ההיא את ערכה, וכבר לא מזיק כלל לשום רעיון אמוני מוחלט הפרסום של אותה ההנחה בעצמה, שהיתה בזמן העבר מזקת בפרסומה. והדברים הולכים עוד יותר, שמזדמן הדבר שצורה הסברית אחת היתה מחוייבת באיזה פרק מפרקי הזמן, עד שקבעה לה אז האמונה ההסברית את צורתה באופן מיוחד, ואחר כך יזיק דוקא אופן זה להאמונה המוחלטה, ושיש חיוב אז לפרסם את ההפך מהאמונה המוסברת אז. יסוד החילוק בין שני חלקי האמונה כבר רמז הרמב”ם, אמנם צריך אומץ לב מיוחד לעמוד בניסיון בעת חשיכה כזאת.

Tied in with this is R. Kook’s comment (Kevatzim, vol. 2, p. 167) that certain great truths can only be revealed together with falsehood, which protects the truth as it were.

ישנן אמתיות גדולות, שאינן יכולות להתגלות בעולם כי אם דוקא במעטה של שקר, ומעטה של שקר השומר את האמת נעטר גם הוא באור האמת. ופקוחי עינים יודעים להבדיל בין המעטה לעוטהו, ופחותי הנפש מביטים באור האמת בשביל מעטה השקר שלה, ונמוכי הדעת אינם מכבדים את האמת יותר מהכבוד הראוי למעטהו הנאהב אצלם לפי תכונתם הנמוכה.
One can easily come up with a number of examples of this. Just think of all the foolish talk about God and His nature. It seems that every preacher feels it is OK to talk about what God “wants”, about how God gets “angry”, or is “upset”, or is “pleased”, etc. A little thought will reveal that none of these descriptions of God can be true in an absolute sense, but since these descriptions are thought necessary in order for people to believe in the ultimate truths, i.e., the existence and providence of God, they are tolerated. (See Guide 3:28 for Maimonides’ discussion of “necessary truths”.)

Since I mentioned R. Isaac Arama earlier in this post, let me give an example of this from his writings.[18] Arama asks what is the point of the commandment to build a mishkan. It is not as if God is a physical being who needs a place to live. Yet in order that the masses have a God with whom they could feel connected, that is, a God who exercises providence, the Lord was prepared to compromise and allow them to believe that he actually was found in the mishkan. Here are some of Arama’s words:

כי באומרו ולא יכול משה לבוא אל אהל מועד ויתר להם הרחקת הגשמות למה שיורה שהיה שם דבר ממשיי המעכבו לבא לשם. וזה לפי שלא יראה להמון דבר של מציאות זולת זה. ובאומרו כי שכן עליו הענן ויתר אצלם ענין ההעתק ממקום למקום לקבל מהם שירות ועבודה כי בזה יסמוך לבם על השגחתו עליהם. ובאומרו וכבוד ה’ מלא את המשכן לא נשמר מהתקוממות במקום והיותו כמלך הקובע ישיבתו באמצע המלכות

Kevatzim mi-Ketav Yad Kodsho, vol. 2, p. 129: R. Kook tells us that true belief cannot exist without the possibility of unbelief
.
האמונה בטהרתה תצא דוקא על ידי אפשרות של כפירה בלא שום הגבלה

This is very similar to the sentiments expressed by R. Jehiel Jacob Weinberg.[19] What it means is that true faith is stormy, on the edge, as it were. There are easier paths, where one is perhaps guaranteed “peace of mind.” However, this cannot be regarded as authentic religious faith. Paradoxically, true faith, the faith that keeps you up at night, can easily turn into unbelief. R. Kook also explains, ibid., p. 149, that this true faith can only be developed through freedom of thought. That is, while obedience can be assured by closing off thought, one can never reach what R. Kook terms אור א-להים if one’s thought is controlled.

Even when unbelief does arise, R. Kook does not see this as all bad. As a kabbalist, he believes that there are sparks of holiness in everything, even in unbelief. According to R. Kook, when the unbelief is directed in an ethical direction, then this too can be seen as part of the search for God (ibid., p. 151). In other words, even the atheists are engaged in derishat ha-Shem when they work for the betterment of humanity, and it unfortunate that they do not realize this.

המהומה הכפרנית כל זמן שהיא עסוקה במגמות מוסריות הרי היא ממש דרישת ד’. המוסר והרחבתו, הגדלת ערכם של החיים, ענוגם ושאיפותיהם, הוא בעצמו דרישת ד’, יותר משארי דרישות הבאות ברחשי לב המתעוררים על פי איזה דמיונות פנימיות שאין בהם הטבה מעשית לסדרי החיים. מכל מקום אומללים הם בני אדם כל זמן שאינם יודעים שכל מה שהם עסוקים לרדוף אחריו במובן המוסרי ובקשת הטוב זהו דרישת ד’, ונהרה רבה תופיע עליהם כשיגלה להם רז זה.

R. Kook also sees other positive elements in unbelief (pp. 166, 167). There are people who assume that there is no afterlife, or any reward and punishment. The positive aspect of these mistaken beliefs is that the unbelievers’ good works are not performed in order to receive reward, but for their own sake. This is a very high level of service, something Jews realized long before Kant.

יצר הרע בא לאדם לפעמים להוכיח לו שאין לו תקוה לעולם הבא. – ידע נאמנה, שהוא עומד להתעלות במעלה גדולה מאד, עד שיהי’ עובד ד’ שלא על מנת לקבל פרס, כי אם מאהבה שכלית טהורה.

הכפירה בשכר ועונש מחנכת את הבריות לעשות טוב מצד עצם הטוב. וכל מה שיתרבו עושי טוב באמת, כן יתמעט ההכרח של מציאות רעיון הכפירה, שאיננו כי אם אמצעי תרבותי לזה המצב.

Even the very thought of God when engaged in the good is not the highest level, so again, paradoxically, unbelief prepares the ground for service on the highest level (ibid., p. 166).

הצורך לחשוב על דבר א-להים היא ירידה גדולה, שהיא דרושה לאדם בתור רפואה. הכפירה היא הכנה שלילית לצורך העילוי העליון שלא יהיה שום צורך לחשוב על דבר א-להות, כי אם עצם החיים יהיה אור א-להים

Finally, let me call attention to one more interesting point about faith. R. Jacob Wreschner, Seder Yaakov (Jerusalem, 2010), vol. 2, p. 425, records that he heard from his father that R. Yerucham Levovitz had religious doubts in his youth, and R. Isaac Blazer helped him overcome these. R. Wreschner states that it is no insult to a great figure to reveal this information, though he notes that R. Judah Zev Segal, when he tells this story, does not reveal who the subject is.[20]

Anyone who thinks about the place of belief in traditional Judaism is aware of the phenomenon called, for a lack of a better term, “orthopraxy.” Many people assume that this is a fairly recent phenomenon. Yet already in the nineteenth century R. Solomon Kluger wrote about people who were completely observant but did not have proper beliefs.[21] He sees these people as worse than typical sinners who actually violate prohibitions (he specifically mentions sexual prohibitions).

בימים הראשונים היה הרשעות במעשה. אם ראו באיש אחד שאינו פרוץ בעריות וכדומה ידעו שהוא כשר. לא כן עתה הרשעות תלוי בלב ויתכן שיהי’ מקיים כל התורה ובלבו ישים ארבו ויש בלבו שמץ אפיקרסת [!] והוא גרוע מן הרשעים הראשונים שהי’ בהם כמה חטאים

Someone who is attuned to R. Kook’s way of thinking will approach matters from a completely different perspective, and see the phenomenon of orthopraxy in a much more positive light. Consider the following: The so-called orthoprax individual does not have a traditional view about the Torah. Yet he does not use this as an excuse to live a secular life, what in yeshivah we referred to as a life of “hefkerut”. On the contrary, this individual chooses to bind himself to the Torah, to observe mitzvot, to “inconvenience” himself when it would be much easier to abandon it all. How is one to judge a person who, whatever his theology, makes enormous financial sacrifices to send his children to Jewish schools and happily gives to a variety of Orthodox causes? How is one to judge such a person who when stuck in a strange place for Shabbat asks the hotel clerk to open his door (as it is electronic) and refuses to carry a map on the unfamiliar street, a person who chooses to live on fruit because there is no kosher restaurant in the city he is visiting (to give just a few typical challenges that Orthodox and orthoprax Jews confront)?

R. Kook’s insights about the religious significance of the non-observant who were building the land of Israel must be multiplied many times over when dealing with completely observant Jews who sacrifice in so many ways for Torah and halakhah, even though their beliefs are not “Orthodox”. Yet this is a phenomenon which, as far as I know, R. Kook does not mention. Rather, he refers to those who because of their belief in biblical criticism rejected all observance. They assumed that if you don’t accept the divine origin of the mitzvot that there is no need to observe them. R. Kook rejected this assumption and argued that there is a good reason to observe mitzvot even if one does not have a traditional view of the Torah’s authorship.[22] I will flesh out R. Kook’s argument in the next post.

3. In an earlier post I referred to Mel Scult’s new book, The Radical American Judaism of Mordecai M. Kaplan. Scult discusses the burning of Kaplan’s siddur at an Agudas ha-Rabbonim gathering on June 12, 1945, at which Kaplan was himself also put in herem. The significance of this event can be seen in that there were over two hundred rabbis in attendance.[23]

Here is the text of the herem from Ha-Pardes, July 1945.

The sentence immediately before the text of the herem clearly implies that the burning of the book was part of the ceremony (and see also Ha-Pardes, Nov. 1945 p. 23). Thus, Jeffrey S. Gurock and Jacob J. Schacter had good reason to write as follows:

Scult, Judaism Faces the Twentieth Century, p. 420, n. 38, suggests that the act of book burning was unintentioned and not directed by the rabbinic leaders themselves, but all evidence cited above points to the contrary. This was clearly an official act, sanctioned by those assembled as a fitting and appropriate conclusion to a most serious and solemn deliberation.[24]

Zachary Silver, who has recently written a very nice article on the episode, available here, writes as follows:

Mel Scult’s biography of Kaplan mentions that the event occurred, but he does not believe that Agudat HaRabbanim burned the book as part of the formal ceremony. Rather, he says that the burning occurred incidentally at the back of the room. However, Agudat HaRabbanim’s documents illustrate that it was a previously scripted formula.[25]

This burning of a Jewish book, coming so soon after the end of the Holocaust and so much at odds with the American tradition of freedom of expression, horrified both Jews and non-Jews. The fact that the excommunication and burning were covered in The New York Times only made matters worse, and everyone assumed that this was an officially sanctioned action of Agudat ha-Rabbanim.

In writing about the event in his diary, Kaplan referred to “rabbinical gangsters who resort to nazi [!] methods in order to regain their authority.”[26] He later publicly stated as follows:

It is just too bad that men who call themselves rabbis should in this day and age resort to the barbarous procedure of outlawing a man without giving him a hearing, and to the Nazi practice of burning books that displease them. God save us from such leadership and from the disgrace it is likely to bring upon Jews.[27]

Responding to the horror aroused by the book-burning, Agudat ha-Rabbanim publicly declared that it had nothing to do with this action. It claimed that the burning was done independently by one of its members. Silver writes:

The Union of Orthodox Rabbis later disavowed responsibility for the book burning, claiming that the event was not a scheduled part of the ceremony but rather the act of one rabbi from the audience who acted on his own, after the service was completed. This version seems unlikely, however, since the article about the excommunication in HaPardes, the unofficial magazine of Agudat HaRabbanim, gives specific justification for the book burning as part of the ceremony and does so in halakhic terms. The more likely scenario is that, after witnessing the heated public reaction, Agudat Harabbanim chose to disavow responsibility for burning the siddur as a face-saving public relations move. Thus, by saying that the burning was not part of the planned activities, the Union of Orthodox Rabbis could attempt to refocus public attention on the greater issues of the heresy of Kaplan and the Conservative movement, rather than on a particularly unsettling segment of the ceremony, which itself evoked memories of Nazi ritual book burnings. Of course, the uproar implies that Agudat Ha-Rabbanim did not realize that most Americans would be troubled by a book burning in 1945 – a lapse of judgment that would manifest the extent by which the Union of Orthodox Rabbis had lost touch with contemporary currents in American culture.[28]

Years after the event, R. Norman Lamm reflected on the book burning.

If we want to win people over to Orthodoxy, we need to present ourselves as measured, mature, and moderate people with deep faith and the right practice, but we do not insult others and we do not damage or condemn them. Coming out with issurim [decrees that forbid particular actions] against everyone else is like another Fatwa. When I was younger there was a heretic by the name of Mordecai Kaplan, and the Agudas Harabbonim had this whole big book burning party. I thought it was ridiculous to have a book burning in the twentieth century. It didn’t make anybody decide to become more religious observant. Nobody who was reading his books said[,] “If important Orthodox rabbis burned them, we’re not going to read them.” If anything, it aroused interest in people who otherwise would not have wanted to read these books. But in addition, what it accomplished was that it got people to look at the Orthodox as fanatics. That’s no way to make friends and win people over to Orthodoxy.[29]

What we see from what I have quoted is that there is agreement that it was Agudat ha-Rabbanim that sanctioned the burning of the siddur.[30] Silver adds, “It is unclear who actually burned the siddur, as the report in HaPardes uses the passive voice.”

In fact, we do know who burnt the siddur, Based on this information, we can also determine that the other point that “everyone” knows, that it was Agudat ha-Rabbanim that sanctioned the burning, is incorrect.

In 1945 The Jewish Reconstructionist Foundation published a booklet, A Challenge to Freedom of Worship. I don’t know why, but this is a very rare publication. I have therefore uploaded it here. From this booklet, you get a sense of the great ill-will produced by the excommunication of Kaplan and the burning of his siddur. This is what appears on the very first page of the booklet.

I first saw this booklet shortly before R. Joseph Ralbag passed away. At that time he was not well and I could not schedule a time to speak with him. However, at my request R. Aryeh Ralbag asked his father some questions about the episode, and I can report the following from the late R. Joseph Ralbag. R. Ralbag did not decide on the spur of the moment to burn the siddur. Rather, he knew he was going to do this ahead of time and even discussed it with his future wife. Yet the other members of Agudat ha-Rabbanim were unaware of his plans until he lit the siddur on fire. In other words, this was an individual act by R. Ralbag and, as Agudat ha-Rabbanim would later state, it was not sanctioned by them. This testimony, from the main protagonist of the event, should finally settle the matter. (Although R. Ralbag denied burning the siddur in the telephone call referred to on the page printed above, this was obviously only said to protect himself after the controversy broke out. As indicated, hundreds of people saw him burn the siddur.[31])
One more interesting point about this episode is that Rav Tzair (Chaim Tchernowitz) claimed, in the course of an attack against Kaplan’s siddur, that according to halakhah it was forbidden to burn the work.[32] I would be curious to hear what some of the readers make of this.

שמה שהחכמים גזרו על ס”ת שכתבו מין שישרף, אינו אלא מפני שהשמות לא נכתבו בקדושה, ואפשר שנכתבו לשם ע”ז, אבל בנידון דידן הרי לא את כה”י של קפלן שרפו, אלא את הסידור, שסידר אותו יהודי תמים, שבידוע שלא כוון לשום דבר אחר כשסידר את אותיות השם, ובכן אסור היה לשרוף את האזכרות שבו. ובזה עשו הרבנים שלא כדין ששרפו את הסידור (אולם הם הודיעו שלא גזרו שריפה על הסידור אלא שצורבא מרבנן אחד שרפו על דעת עצמו)
4. Before his passing, R. David Hollander asked if I could review the memoir he had written. At the time he asked me, I was too busy to do so, but hoped that I would later have the opportunity. After Hollander’s death I was unable to find out what became of the memoir. (Hollander did not have any children who would have inherited it.) Perhaps a reader will be able to help in this matter.

5. Last year Yisrael Kashkin produced a nice poster of religious Zionist rabbis. You can see it here. He has recently produced the following poster of German rabbis.

You can order framed 8.5 x 14″ and laminated 8.5 x 14″ copies. The former are meant for a wall and the latter for a sukkah. Anyone interested should write to thetidesociety@gmail.com 

[1] Akedat Yitzhak, parashat Nitzavimsha’ar 99 (pp. 105ff). Speaking of free will, see also R Meir Simhah of Dvinsk, Meshekh Hokhmah, Introduction to Exodus, who states that Moses’ free will was also taken away from him.
שהשי”ת שלל ממנו הבחירה לגמרי ונשאר מוכרח כמלאכים.
See also his Or Sameah, Hilkhot Teshuvah, ch. 4, at the end of his lengthy essay on divine knowledge and free will. In his Introduction to Exodus, R. Meir Simhah also claims that Joshua’s free will was taken away.
גם ממנו שלל השי”ת הבחירה לגמרי כמו ממשה, שלא ישלול חלילה דבר מתורת משה
[2] Akedat Yitzhak, parashat Bereshit, sha’ar 9 (p. 92b).
[3] For another fascinating idea from Arama, see here that he did not believe that the book of Esther was written with ruah ha-kodesh. Rather, the work is a completely secular (i.e., pagan) text, translated into Hebrew, and this explains the omission of God’s name. The ruah ha-kodesh is only seen in the fact that Anshei Keneset ha-Gedolah removed all falsehood from the work. This passage from Arama comes from his introduction to the book of Esther which appears in the standard edition of Akedat Yitzhak, first published in the nineteenth century with a commentary by R. Hayyim Joseph Pollak. If you look at this edition you will find that while the introduction is by Arama, the actual commentary is by his son, R. Meir. This is also what is found in the 1573 Venice edition of Akedat Yitzhak. R. Isaac’s commentary to Esther appeared in the Constantinople, 1518 edition, and was not reprinted again until 1990. In 2005 Mossad ha-Rav Kook also published an edition of this commentary.
[4] Regarding both of these matters, see Menachem Kellner, trans. Principles of Faith (Rosh Amanah) (East Brunswick, N.J., 1982), p. 219 n. 65.
[5] See Abraham Epstein, Mi-Kadmoniyot ha-Yehudim, pp. 117 n. 2, 120.
[6] See R. Yehiel Goldhaber’s Purim 5773 article, “Bitul ha-Ra ha-Nif’al bi-Yemei ha-Purim,” p. 2
[7] See Senior Sachs’ introduction to Yehiel Brill, Yein Levanon (Paris, 1866).
[8] Meor Einayim (Vilna, 1866), vol. 2, ch. 38 (p. 25). Regarding Abarbanel, see also my post here where R. Soloveitchik is quoted as saying that he wouldn’t want Abarbanel as president of Yeshiva University. I have been informed that R. Ruderman did not like Abarbanel and that is why his biblical commentaries are not found in the Ner Israel beit midrash. I was told that the reason for this dislike was that Abarbanel rejects certain aggadic statements (sometimes in a harsh manner). Some have argued that Abarbanel was not a talmudist by pointing out that he apparently didn’t realize that Bnei Brak was a place, instead thinking that מסובין בבני ברק refers to the furniture the Sages were sitting on. See his commentary to the Passover Haggadah, s.v. מעשה בר’ אליעזר. Yet it is hard to imagine that Abarbanel did not know what Bnei Brak is, for it is mentioned a number of times in the Talmud, including the famous statement in Gittin 57b and Sanhedrin 96b that descendants of Haman studied Torah in Bnei Brak. It is also mentioned in the book of Joshua 19:45. Interestingly, R. Shem Tov Ibn Shem Tov, in his commentary on the Haggadah, seems to say that the name of the city is Brak, and Bnei refers to its inhabitants. See Otzar ha-Rishonim al Haggadah shel Pesah, ed. Holzer (Miami Beach, 2006), p. 20. As with Abarbanel, it is hard to imagine that R. Shem Tov did not know the earlier biblical and rabbinic passages from which it is clear that the city’s name is Bnei Brak. For more regarding Abarbanel, see the interesting discussion in R. Yisrael Veltz, Divrei Yisrael, vol. 2, Even ha-Ezer, no. 14, and see also Pardes Eliezer: Erusin ve-Nisuin (Brooklyn, 2010), pp. 176-177.
[9] In Pines’ translation from the Arabic (Guide 1:73) this is rendered “affirmation of admissibility,” and Maimonides explains (Guide 1:73): “They [the Mutakallimun] are of the opinion that everything that may be imagined is an admissible notion for the intellect.” In his note to the passage, R. Kafih states that Ibn Tibbon’s translation as ההעברה is inaccurate, and his version has ההתכנות.
[10] Plotinus refers to this as “two-fold ignorance”, which is also the “disease of the multitude.” See Yehudah Avida, Midrash ha-Melitzah ha-Ivrit (Jerusalem, 1938), p. 49. Of course, the one who has knowledge but because of this thinks that he knows it all is a fool. Here is the formulation of R. Yedai’ah ha-Penini, Mivhar ha-Peninim (Warsaw, 1864), p. 2 (no. 21):
ואמר האדם חכם בעודנו מבקש החכמה. וכאשר יחשוב שהגיע אל תכליתה הוא סכל
For the Arabic source of this formulation, see Yehudah Ratsaby, “Mekorotav ha-Araviyim shel ‘Mivhar ha-Peninim,’” Sinai 102 (1988), p. 113. In the years after Maimonides, the term כת המדברים was used by many, with a few different meanings. For example, in a letter to R. Solomon Luria, R. Moses Isserles writes as follows (She’elot u-Teshuvot ha-Rama, no. 7):

אינני מכת המדברים בעלי הלשון כי כבד פה ולשון אנכי

R. Pinhas Horowitz also refers to the Medabrim and provides this fanciful explanation of its meaning (Sefer ha-Berit, vol. 1, sec. 19, ch. 3):

מדברים ולא מבינים מה שמדברים
[11] See Mitpahat Sefarim (Lvov, 1870), pp. 71-72.
[12] Hebrew Ethical Wills (Philadelphia, 1926), pp. 101-102.
[13] See Iggerot ha-Rambam, vol. 2 pp. 697ff.
[14] In at least one letter Maimonides addresses a man in third person singular feminine, which was a respectful way of speaking in Arabic. See Iggerot ha-Rambam, ed. Sheilat, vol. 1, p. 420. Sheilat “corrected” the original so that the feminine references are now masculine. See also R. Joseph Zechariah Stern, Beur Hadash me-ha-Rav Yosef Zechariah Stern al Shir ha-Shirim (Vilna, 1875), pp. 7b-8a.
[15] Copperman tells us that it was only towards the completion of the project that some people mentioned to him that the work might not be authentic, and this is what led him to consult with various “gedolim”. This, too, is a sign of a problem, for if he had done his homework he would have learnt of this at the beginning of the project, not at the end.
[16] “Abraham Ibn Ezra – Highlights of His Life,” Iberia Judaica 4 (2010), p. 35.
[17] “Religious Belief in a Postmodern Age,” in Avi Sagi and Dov Schwartz, eds., Faith: Jewish Perspectives (Boston, 2013), pp. 217-218, 218 n. 32, 239.
[18] Akedat Yitzhak, Terumahsha’ar 48, pp. 148ff. The Hebrew quotation I cite comes from p. 152b. See the discussion of this text in Louis Jacobs, Judaism and Theology (London, 2005), pp. 60-61.
[19] See here.
[20] See Segal, Yir’ah ve-Da’at (Lakewood, 1989), vol. 2, p. 146 n. 14.
[21] Tuv Ta’am ve-Da’at, series 3, vol. 2, no. 87.
[22] See Kevatzim, pp. 124ff., 132ff.
[23] See Zachary Silver, “The Excommunication of Mordecai Kaplan,” American Jewish Archives 62 (2010), p. 23.
[24] A Modern Heretic and a Traditional Community (New York, 1997), p. 206 n. 14
[25] Silver, “The Excommunication of Mordecai Kaplan,” p. 40 n. 2.
[26] Quoted in Silver, “The Excommunication of Mordecai Kaplan,” p. 23.
[27] Quoted in Silver, “The Excommunication of Mordecai Kaplan,” p. 32.
[28] Silver, “The Excommunication of Mordecai Kaplan,” p. 24.
[29] Quoted in Silver, “The Excommunication of Mordecai Kaplan,” p. 39.
[30] Other sources could also be quoted in support of this assertion. The only source I have found that states otherwise is Simon Noveck, Milton Steinberg: Portrait of a Rabbi (New York, 1978), p. 183.
On June 12, 1945, a few days after the appearance of the Bublick review, the Union of Orthodox Rabbis of the United States and Canada held a special meeting at the McAlpin Hotel in New York to protest the new prayer book. Attended by more than two hundred rabbis, the gathering unanimously voted to issue a writ of excommunication against Mordecai Kaplan as the principal editor of the prayer book. With solemn ceremony, the entire audience rose and repeated, word by word, the text of the first psalm, after which the traditional ban was promulgated. Immediately thereafter, one member of the group suddenly took a copy of the “new heretical prayer book,” placed it on the speaker’s stand, and set fire to it. The Union later disavowed responsibility for the burning, maintaining that the action had been taken by a single rabbi after the formal meeting was over. All admitted, however, that no effort had been made by those present to prevent the prayer book from being burned.
The first Psalm begins “Happy is the man that hath not walked in the counsel of the wicked.”
[31] The page printed above quotes a text from the June 21, 1945 New York Times disavowing R. Ralbag’s action. However, there is no such passage in the New York Times. Perhaps it appeared in the Yiddish Jewish Morning Journal which also covered the event.
[32] Siddur Tefilah shel To’im u-Mat’im (New York, 1946), p. 4. This work used to be on hebrewbooks.org but was removed. You can now find it here.



Book Review: Rav Aharon Lichtenstein’s Minchat Aviv

RAV AHARON LICHTENSTEIN’S Minchat Aviv: A REVIEW
Aviad Hacohen
Minchat Aviv: Studies in Talmudic Topics (Hebrew) HaRav Aharon Lichtenstein Editor: Rav Elyakim Krumbein Jerusalem: Maggid Books and Yeshivat Har Etzion, 2014 xvi + 659 pages; source and subject indexes Available here.
A person must exert considerable effort before producing words of Torah and wisdom. Toiling in Torah can be compared to toil in working the land: one must plow and sow, irrigate and fertilize, hoe and aerate, develop and cultivate, harvest and gather. Only after one completes all these tasks and receives God’s blessing does one merit to bring the fruits of one’s labors into one’s home and fulfill with them the mitzva of ingathering. Is it any wonder, then, that of all the Torah’s commandments, and of all the holidays on the Jewish calendar, it is Sukkot, the Festival of Ingathering, that merited the designation of chag – “holiday” par excellence – and the special mitzva of “And you shall rejoice in your holiday”?
Ingathering of the Sheaves
The publication of Minchat Aviv, a collection of “lomdish” and halakhic essays authored by HaRav Aharon Lichtenstein, Rosh Yeshiva of Yeshivat Har Etzion and 2014 Israel Prize laureate for Torah literature, is cause for celebration for all lovers of Torah. For over half a century, HaRav Lichtenstein has been disseminating Torah both in Israel and abroad. Though some of his lectures have been adapted for print by students and are enjoyed by readers across the world, his written work has been relatively limited.
The eight volumes of lectures that have appeared to date under the title Shi’urei HaRav Aharon Lichtenstein testify to HaRav Lichtenstein’s breadth of knowledge and profundity in analysis. But, as is often the case when works of Torah scholarship are recorded not by the master himself, but rather by his disciples, sometimes the author’s particular “spark” is missing, both in substance and in formulation. While the lectures are unquestionably brilliant, and serve to showcase HaRav Lichtenstein’s unique style effectively, the personal electricity that one feels when learning HaRav Lichtenstein’s Torah directly from the source cannot be replicated. It is only natural that the lectures in the 8-volume series are largely limited to the Talmudic tractates that constitute the standard fare of yeshiva study, though here too HaRav Lichtenstein has left his mark. Thus, for example, one of the volumes deals with Taharot (ritual purity), while another deals with Dina De-garmi – an extraordinary phenomenon in itself in the yeshiva world.
Due to his very heavy teaching schedule, HaRav Lichtenstein has never been free to commit his teachings to writing in a systematic and consistent manner. Nevertheless, in free moments, and during the breaks between his classes, he has written on various topics. Over the years, these writings have increased in number and scope. The original articles appeared in a variety of journals, both in Israel and in the US. Only now, when HaRav Lichtenstein has reached his eighties, have these articles been gathered together and published in a single volume.
In their attempt to define the category of work known as immur, gathering, both with regard to the laws of Shabbat and with regard to the commandments relating to the Land of Israel, the halakhic authorities, both medieval and modern, took note of the nature of the labor of gathering. They understood that a sheaf is greater than the sum of its parts. A sheaf is not merely one ear of corn joined to another, but rather a new entity, of a different quality and with a different essence.
This is true in the field and equally true in the house – the house of study. Like the sheaf and like ingathering, so too the teachings of HaRav Lichtenstein. Collecting his articles in a single volume is not merely a technical act of gathering scattered items into one place, but rather a new creation. Studying the volume reveals a profound interplay of Torah and Jewish thought, of Halakha and Aggada, its various parts interconnected in different ways.
Alongside the standard issues found in the Talmudic orders of Mo’ed, Nashim and Nezikin, we find in-depth studies concerning the laws of Zera’im and the commandments relating to the Land of Israel, essays regarding matters discussed in the orders of Kodashim and Taharot and even several practical halakhic analyses. This is a book for experienced travelers in the world of Torah, but anyone who is ready to commit to reading it with the necessary concentration will profit from doing so, both with respect to the reader’s learning skills and through the expansion of the reader’s knowledge.

Cancellation of debts in the shemita Year

            An examination of the various issues dealt with in this volume shows one common characteristic: the attempt to clarify the fundamental principles from which and through which the particulars arise. For this purpose, HaRav Lichtenstein makes use of all the expanses of Halakha, from top to bottom. For example, in discussing the mitzva to cancel debts in the shemita (Sabbatical) year, HaRav Lichtenstein starts with the explicit verse in the Torah, formulated in both positive and negative terms, the meaning of which is rather obscure: “Every lender who lends anything to his neighbor shall release it; he shall not exact of it of his neighbor, or of his brother” (Devarim 15:2). What is the meaning of this mitzva and how is it fulfilled? HaRav Lichtenstein cites a disagreement among the medieval authorities. According to the Yere’im, it is not the date in itself that nullifies the debt, but rather the lender’s declaration: “I release it.” Once the shemita year ends, the lender acquires an obligation to cancel the debt. In contrast, the Or Zaru’a maintains that the passage of time, i.e., the end of the shemita year, is what cancels the debt. This also follows from the words of the Rambam: “When the sun sets on the night of Rosh Ha-shana of the eighth year, the debt is nullified” (Hilkhot Shemita Ve-yovel 9:4). Of course, the practical difference between the two positions expresses itself in a case where the lender, contrary to Torah law, fails to declare: “I release the debt.” The Ittur combines both positions and asserts that the cancellation of debts in the shemita year is governed by two parallel laws: a personal obligation upon the lender and a “Royal cancellation” by heavenly decree.
HaRav Lichtenstein does not stop here after setting each of the various opinions in its place. In light of the Rambam’s opinion, he raises a difficult question: If indeed the cancellation of debts in the shemita year is a “Royal cancellation,” what exactly is the mitzva imposed on the lender?
In typical fashion, HaRav Lichtenstein examines the Tosafot, who try to explain the matter based on the law of a firstborn animal. There is a mitzva to sanctify the animal, even though it is automatically sanctified from birth. HaRav Lichtenstein concludes that the two cases are not similar. In the case of a firstborn, the mitzva to sanctify the animal does not merely dictate a “declaration,” a confirmation of the existing situation, but rather it “necessitates a novel act of sanctification that bestows additional sanctity upon the firstborn.” As for the cancellation of debts, however, if the debt is already cancelled, the lender’s release adds nothing at all. Thus, the question remains: What is the nature of the positive commandment obligating the lender to cancel his debts in the shemita year?
Even according to the opinion that the cancellation of debts is a “Royal cancellation,” this release does not nullify the debt; it merely “freezes” it. This explains the need for the active cancellation of the debt on the part of the lender, which adds force to the borrower’s exemption from repaying his debt, and utterly severs the connection between the lender and the borrower, not just temporarily, but absolutely and forever.
Using his characteristic method of tying together seemingly unconnected areas of Halakha, HaRav Lichtenstein links the laws of a firstborn to the laws of usury, and the laws of repaying a debt to the laws of a gift, and through them and with them he builds his edifice, a tower of scholarship, perfect precision and spectacular analysis. His subtle analysis, which penetrates the very foundations of the law, uproots the common assumption. According to HaRav Lichtenstein, in contrast to the common understanding, the “Royal cancellation” does not absolutely cancel the debt, but merely weakens its force. Thus, we understand why a borrower can repay a loan after the shemita year has passed, and why the Sages are pleased when he does so: The debt was never wiped out, but merely frozen. Based on this understanding, it is clear why the cancellation must be completed by way of an active step on the part of the lender.

Intimacy in prayer

While the book is principally a volume of advanced halakhic analysis, between the lines it allows us a glimpse of HaRav Lichtenstein’s spiritual world. For example, in the chapter discussing the issue of sounding one’s voice in prayer, here and there HaRav Lichtenstein uses characteristic formulations that reflect the “man of prayer” in him: “There is an internal balance between two factors that shape the character and content of prayer, greater concentration on the one hand and a soft voice on the other.”
Although HaRav Lichtenstein generally avoids kabbalistic matters, he cites the Zohar, which states: “If a prayer is overheard by another person, it will not be accepted above,” and emphasizes, on the basis of this passage, “the intimacy and privacy of prayer, in the absence of which prayer is impaired and not accepted above.” While the analysis is strictly halakhic, the spirit of HaRav Lichtenstein’s thought, rife with emotion, penetrates the dry and meticulous preoccupation with Halakha, instilling it with flavor and endowing it with sweet fragrance.
Another example, one of many, appears in the book’s concluding essay, which concerns itself with a “routine question,” as it were, sent to HaRav Lichtenstein by his students serving in the army. The students wanted to know whether an army tent requires a mezuza.
In his usual manner, HaRav Lichtenstein does not content himself with the bottom line, with a halakhic ruling issued, as it were, by way of divine inspiration. He opens with a comprehensive clarification of the plain meaning of the verse that speaks of “the doorposts of your house,” and attempts to define the term “house,” both regarding the prohibition of leavened bread on Pesach and regarding the prohibition, “You shall not bring an abomination into your house” (Devarim 7:26). From here he moves on to the distinction between “house” on the proprietary level and “house” on the geographic and functional level – a “residence,” the place where a person establishes his principal dwelling in actual practice. HaRav Lichtenstein considers the essential distinction between the different halakhic realms: Regarding leavened bread, the “house” is not part of the fulfillment of the mitzva, but merely a circumstantial detail, the place in which the prohibition of leavened bread happens to apply. Regarding a mezuza, on the other hand, the “house” is the cheftza, the object of the mitzva, and that which obligates the mezuza’s very installation.
A practical difference, one that is mentioned already in the Talmud, and afterwards in the words of the later authorities, relates to a renter’s obligation in mezuza. If we are dealing with an obligation of the inhabitant of the house, the question of ownership is irrelevant. But even if the obligation depends on ownership, there is room to consider whether or not renting creates proprietary rights in the property, if only temporarily (see Bava Metzi’a 56b). Characteristically, HaRav Lichtenstein also discusses the different levels of obligation. Even if a
renter is not obligated to affix a mezuza to his doorpost by Torah law, it may be that he is bound to do so by Rabbinic decree.

Restoring Former glory

Here, as usual, HaRav Lichtenstein asks: What precisely was the Rabbis’ innovation? Did they expand the mitzva in such a way that even when there is no “possession,” but only “residence,” there is still an obligation to install a mezuza? Or perhaps they expanded the law of renting and established that even “temporary possession” is considered possession with respect to the Rabbinic obligation of mezuzah? From the words of Tosafot in another passage (Avoda Zara 21a), he determines that it suffices that the house “appear to be his” for one to be obligated in the mitzva of mezuza. That is to say, according to the Tosafot, we are dealing with an expansion of the idea of possession, and that even a residence that only appears to belong to the person in question suffices to obligate him in the mitzva of mezuza on
a Rabbinic level.
Still not satisfied, HaRav Lichtenstein moves on to an analysis of the concept of “residence,” examining the question whether or not a forced dwelling, e.g., a jail, or, in stark contrast, the chamber in which the High Priest resides during the week before Yom Kippur, is considered a “residence” for the purpose of obligation in the mitzva of mezuza. From here, HaRav Lichtenstein shifts gears, taking time to clarify the term “temporary residence,” e.g., living on a boat during an extended journey or in a hotel. In addition to all these considerations, it may be that the obligation to affix a mezuza to the tent does not apply to the soldiers themselves, as they are “temporary guests” in the tent, and certainly not to its owners, but rather to the community or to the army, which owns the tent/house.
In a world where people are especially meticulous about the mitzva of “making many books” (Kohelet 12:12), out of the abundance of books that inundates us, HaRav Lichtenstein’s volume stands out, as its words of Torah are built on the most solid of foundations. Amidst the cacophony of “SMS responsa,” lacking sources and reasoning and presenting their conclusions as a sort of divine fiat, Rav Lichtenstein’s essay sing out with a unique melody, one that is clear and profound, systematic and logical. HaRav Lichtenstein’s work restores the crown
of Torah study to its former glory. Between the lines, it reveals something of the author’s personality, in its moral and emotional dimensions – a personality in which Torah and wisdom, Halakha and Aggada, join together and become one.
(Translated by David Strauss)
Prof. Aviad Hacohen is Dean of Shaarei Mishpat College and author of The Tears of the Oppressed – An Examination of the Agunah Problem: Background and Halakhic Sources (New York, 2004) and Parashiot u-Mishpatim: Mishpat Ivri be-Parashat ha-Shavua (Tel Aviv, 2011).



Chapter from Y. S. Spiegel’s Amudim be-Toldot ha-Sefer ha-Ivri (Volume Three)

Yaakov Shmuel Spiegel’s
new book has just appeared, as announced here. It is titled Amudim be-Toldot ha-Sefer
ha-Ivri: Be-Sha’arei ha-Defus. The Seforim Blog is happy to present this selection from pages 84-90.
Those interested in purchasing a copy of the book should contact Eliezer Brodt
at eliezerbrodt@gmail.com
י. חכמים מעודדים כתיבה ופרסום דברי
תורה של צעירים
מן
הראוי לדעת כי היו חכמים שעודדו כתיבה תורנית של תלמידי חכמים צעירים, וראו בכך מנוף
להכשרתם לעתיד. ר’ יונה נבון רבו של החיד”א נהג כן ביחס לתלמידו, ומן הסתם כך
נהגו חכמי ירושלים באותה העת, אף שאין לנו ידיעה מפורטת על כך.[1]
מאוחר
יותר שמענו על נוהג מעין זה גם בג’רבה. ר’ כלפון משה הכהן כתב באחת מתשובותיו את
סדר הלימוד הרצוי כדי לגדל דור של תלמידי חכמים. הוא עמד גם על הדרך שבה ילמד
המורה את תלמידו לכתוב תשובות להלכה, וכך כתב:[2]
ויזרזם
לעיין בדבר ולערוך עלי גליון בכתב ידם נוסח תשובה על זה כפי מה שתקיף ידיעתם מאותם
המקורות, ולהביא איש איש מה שכתב בזה לפניו, ויקח בידו את כל הכתוב מהם, וישאל לכל
אחד מסקנתו בזה טעמו ונימוקו. וכל אחד ישיב לפניו הנראה לו בעל פה. ואח”כ
יראה אם מה שכתוב ממנו מתאים אל מה שאמר בעל פה…
גם
ממקורות נוספים אנו למדים כי בתוניס[3]
ובין חכמי הספרדים בירושלים, היה נהוג שיש ללמד את התלמידים כיצד יש לכתוב תשובות
הלכתיות. אמנם כתיבות אלו היו כתיבות פנימיות, שעברו את הביקורת של הרב. אם הרב
עבר עליהן ומצאן שהן כהלכה, יש להניח שיש אפשרות לפרסמן ברבים.[4]
דברים
בזכות הדפסת חדושי תורה של חכם צעיר שמענו מפי ר’ חיים אלעזר שפירא:[5]
שמעתי בשם גאון מובהק
וצדיק אחד ז”ל, שהיה כמה פעמים נותן הסכמות לתלמיד חכם חריף ובקי צעירי ימים
על חיבוריהם ואמר, אם כי אין החיבור נחוץ להעולם להדפיסו, אך עכ”פ ע”י
זה מלהיב ומרהיב לבבם לשבת ולעסוק בתורה בעיון לחבר החיבורים, כי בדבר שרוצים
לפרסם ולהדפיס לעיני העולם מדקדקים הרבה למצוא דרך סלולה, שלא ישיגו עליו על
חידושיו, וע”י זה מיגעים ומתמידים בתורה ביותר.
נמצא
שההסכמה אינה מאשרת בהכרח שהחידושים ראויים להדפסה. מטרתה העיקרית היא לעודד את התלמידים
שיעסקו בתורה, והמסכים סומך על התלמיד שדבריו ראויים.
על
ר’ אליהו בומבך מסופר כי דרשת הבר מצוה שלו הפליאה מאוד את השומעים, ולכן:[6]
הבחור
אליהו העלה את דרשתו על ספר, ולבקשת רבים חפץ להדפיסו ולהפיצו בישראל להנות בהם בני
אדם, ואסכים מריה על ידיה הוא אביו הגדול שהתייעץ בדבר עם אביו הה”ג[7]
מיאברוב, ונמנו וגמרו להדפיסו כליל בהדרו, למען הלהיב לבבו להוסיף אומץ בשקידה על
דלתי התורה, וגם משום קנאת סופרים תרבה חכמה, להרבות התמדה אצל בני גילו.
יא. יסוד ההיתר לפירסום ספר בגיל צעיר
ראינו אפוא שהיו חכמים שהתנגדו לפרסום ספר בגיל צעיר.
אבל יש הסבורים אחרת, והתירו לעשות זאת כפי שיבואר עתה.
במסכת עבודה זרה דף יט ע”ב נאמר:
אמר
רבי אבא אמר רב הונא אמר רב, מאי דכתיב כי רבים חללים הפילה (משלי ז, כו), זה
תלמיד שלא הגיע להוראה ומורה. ועצומים כל הרוגיה (שם), זה תלמיד שהגיע להוראה
ואינו מורה. ועד כמה, עד מ’ שנין. והא רבא אורי, התם בשוין.
האמור
בסוגיה זו שימש יסוד לקביעת גיל התמנות תלמידים לדיינים, נושא שהיה בו ויכוח גדול
בין מרן ר’ יוסף קארו לבין ר’ משה מטראני (מבי”ט), ונזקקו לו גם חכמי הדור
בתשובותיהם.[8] עמדתו של
ר”י קארו היא:[9]
וכתב
הר”ש בר צמח בסי’ קנ”ח[10]
וכן מנהג פשוט בכל קהלות תוגרמא להעמיד ת”ח בחורים שהגיעו להוראה לדין
ולהורות במקום שיש גדולים מהם בחכמה והם זקנים יותר מארבעים שנה ולא נשמע מעולם
פוצה פה ומצפצף, וכן ראיתי מורי הר”י בירב היה ממנה במקומו פה צפת תוב”ב
דיינים שלא הגיעו למ’ שנה… למדנו כי כל מי שהגיע להוראה בחכמתו אעפ”י שאינו
אלא בן י”ח שנים יורה יורה ידין ידין, וכל המעכב על ידו מעכב אותו מלעשות
מצות עשה מן התורה לדון את חבירו דכתיב בצדק תשפוט עמיתך (ויקרא יט, טו).
לאמור,
ניתן למנות דיינים גם לפני שהגיעו לגיל ארבעים.
הרדב”ז
היה בין אלה שנזקקו לויכוח, ובין שאר דבריו כתב:[11]
אבל
האידנא שכבר יש כמה הלכות פסוקות וכמה ספרים וכמה שאלות לגאונים ז”ל אם הגיע
להוראה יכול שפיר להורות מתוך הספרים אפילו בפחות ממ’, שהרי יכול לעמוד על מה
שכתוב בספרים. וגדולה [מזו] כתוב בהגהה [הגהות מיימוניות הל’ תלמוד תורה פ”ה ה”ב]
שכל פסק שאדם רואה בפירוש בספר מספרי הגאונים יכול להורות אפילו בימי רבו ואפילו
תלמיד גמור, רק לא יורה דבר מלבו ולא יסמוך על ראיותיו ולא ידמה מילתא למילתא
מדברי עצמו ע”כ… ומעשים בכל יום שהבחורים מורים הוראות ואין פוצה פה ומצפצף.
ומיום בואי פה באו אלי כמה קונדרסים מצפת תוב”ב מורים והם בחורים, ומהטעם
שכתבתי.
לאמור,
יש הבדל בין זמן התלמוד שבו הלימוד היה בעל פה, לבין זמן הגאונים ואילך שבו הדברים
נכתבים בספר. כדבריו כתב גם הרשד”ם, שאף הוא נזקק לויכוח. אלו דבריו:[12]
אמנם נראה בעיני דבר ברור, דבזמננו הרשות נתונה על כל פנים
לכל תלמיד חכם שהגיע להוראה אפילו שלא הגיע לשנים, כל עוד שלא יהיה בפני רבו מובהק,
דבזה איני רוצה לסמוך על הטעם הנזכר, כיון דחמיר כל כך דיש בו מיתה, אבל אשארא
סמכינן להורות, כיון שהחבורים הם המורים. וכל זה בתנאי שזה התלמיד בדוק ומנוסה
למעיין ומבין בתלמוד ובספרי הפוסקים והמחברים ז”ל. זה אני אומר כפי האמת ממה
שהורוני מן השמים כפי הדין החתוך, אבל אין ספק שראוי לגדור גדר בזמננו זה כי רבו
בקיעי הזמן, השועלים קטנים מחבלים כרם ה’ צבאות, היו עבדים ליצרם כל ימיהם, ובלא
דעת ותבונה ביד רמה יושבים על כסא ההוראה, ושרים לפי ערכם בחכמת התורה, ושלא היה
להם עסק אחר כל ימיהם הולכים לרגליהם כעבדים. על זאת ישתומם כל חסיד, כי אין ספק
כי בזה יצא משפט מעוקל, ושופט כל הארץ מלכנו יושיענו ויקיים מקרא שכתוב ואשיבה
שופטיך כבראשונה (ישעיהו א, כו) גו’.
לאמור,
רדב”ז ורשד”ם הסכימו אף הם שמותר להורות גם לפני גיל ארבעים אבל נימוקם
שונה מנימוקו של ר’ יוסף קארו, ויש בו חידוש. לאמור, כיום אין האדם מורה הוראה,
אלא הספרים הנמצאים בינינו הם הם המורים. לאמור, המורה מגלה לציבור את הכתוב בספר,
ותו לא. זאת כמובן בתנאי שהוא מבין את הכתוב בספר, וכמו שהדגיש זאת רשד”ם.
ר’
עובדיה הדאיה דן בנושא זה באורך רב, וכדי שלא להאריך אביא מדבריו רק מה שנוגע
לענייני ספרים:[13]
ודע
דמכל האמור תשובה מוצאת למה ששמעתי… ומעיד בגודלו שראה לכמה גאונים שקדמוהו,
שהיו מדקדקים שלא ליתן הסכמתם על ספר שו”ת אם מחברו פחות מארבעים שנה.
באופן
דהנך רואה דאין מקום לכל דברי המפקפקים הנ”ל, והוא הדבר גם על המפקפקים בענין
ההסכמות[14]
ומכל שכן לדברי מהרשד”ם והרדב”ז ודעמייהו דבזה הזמן דרבו ספרי הפוסקים והתשובות
אין התלמיד חכם המורה אלא הספר, דודאי דאין מקום חשש פקפוק בזה. דהרי כל מה שהעלה
על ספר הוא ממה ששאב מדברי הפוסקים ראשונים ואחרונים. וא”כ לא הוא המורה, אלא
הספרים שמהם שאב. וא”כ כל שניכר מספרו שהוא מעיין ומבין בתלמוד ובספרי הפוסקים
והמחברים ובעל סברה, ודאי דיכולים להסכים על ספרו בלי שום פקפוק.
מדבריו
עולה כי מותר להסכים על ספר שו”ת, שמחברו לא הגיע לגיל ארבעים. ההסבר לכך הוא
כפי שכבר ראינו לעיל. לאמור, לא החכם הוא המורה, אלא הספרים הם המורים. כמובן כל
זאת בתנאי שאנו רואים כי המחבר אכן מבין את אשר לפניו.
אלא
שבהמשך התשובה (אות כד) הרב הדאיה מסתייג קצת:
הן
אמת דכבר ראיתי להרב פנים במשפט (למר בריה דהרב פתח הדביר) בסי’ יו”ד שכתב
פקפוק זה בענין ההסכמות מגאוני אשכנז שהביא דברי הגאון מרדכי בכהמר”ר צבי
הירש ז”ל שכתב בהקדמתו לספר עמודי עולם…[15]
האמנם נראה ברור כי כל הגאונים הנ”ל תפסו במושלם להלכה כדעת מור”ם
ז”ל ביו”ד סי’ רמ”ב סל”א שפסק להדיא דאין לאדם להורות עד מ’
שנה אם יש גדול ממנו בעיר אף על פי שאינו רבו, יעו”ש. אמנם אנן בדידן שקבלנו
הוראות מרן ז”ל, ועינינו הרואות דהשמיט דין זה בשלחנו הטהור כאשר עשה
הרמז”ל בחיבורו. וגם ראינו לכל גדולי הפוסקים הנ”ל, ששתו בחלקות בין זמן
התלמוד לזמן הזה, ודאי דאין לנו לחוש לזה. ומכל שכן דיש לומר בשופי, דגם
מור”ם לא דיבר אלא בהוראה שבע”פ ומשום כבוד רב העיר דקשיש מיניה. אך אם
ההוראה היתה בכתב בדרך שו”ת ועינינו הרואות דהיא הוראה נכונה, מה מקום לחשוש
שלא להסכים עליה, ובפרט דספר שו”ת נמסר לרבנים והם כבר יכולים להכריע בדעתם
הרחבה ובבינתם אם לקרב אם לרחק, ואין שום חשש תקלה ח”ו. וכן אתה תחזה להרב
פנים במשפט שם שסיים וז”ל, מיהו חזינן לגאוני רבני ספרד דלא חשו לכך ולא
נמנעו לתת הסכמה לספר פסקים שחיבר אחד שהוא פחות ממ’ שנה. ונראה טעמם שהמרביץ תורה
לא יסמוך לגמרי על ספר אותו הפוסק, אם לא ישא ויתן בענין בכל ספרי הפוסקים והמוסכם
לדעתו מפי סופרים ומפי ספרים יורה ידין עכ”ל. ומכל שכן לפי מה שבא בנותן טעם
הרב ריח שדה ז”ל, שיש מקום לחוש לזה לרפיון התורה, בראותם כי אינם מתחשבים
הרבנים הגדולים לדבריהם, דבודאי דאדרבא דחיובא רמיא על רב העיר לחזק את ידיהם ביתר
שאת, להוסיף אומץ וחוזק בלימודם להגדיל תורה ולהאדירה, ואיתיה בזכייה, שעל ידו
מלאה הארץ דיעה, והתורה רבה בישראל, ומה’ יפיק רצון, ועליו תבא ברכת טוב, אמן.
שומע
אתה מדבריו, כי נכון הוא שהיו רבנים אשכנזיים שמיאנו לתת הסכמה על ספר שמחברו לא
הגיע לגיל ארבעים, וזאת בהסתמך על דברי הרמ”א. אבל חכמי הספרדים אינם פוסקים
כמותו, אלא כמרן בשולחן ערוך שלא הזכיר את המגבלה של גיל ארבעים, ולכן חכמי
הספרדים הסכימו על ספרים שמחברם צעיר.
ברם,
הרב הדאיה מחדש שאפשר שגם הרמ”א יסכים לכך, כיון שהאיסור של גיל ארבעים חל רק על הוראה בעל פה. מה עוד שיש חשיבות לעודד
מחברים צעירים, כדי להגדיל תורה.
בדומה
לכך כתב גם ר’ עובדיה יוסף:[16]
ולפ”ז
כיון שאין לנו הגבלה של ארבעים שנה לענין הוראה, כל שהגיע להוראה, וכדתנן אל תסתכל
בקנקן אלא במה שיש בו [אבות ד, כ]. מעתה גם בחיבורים ופסקים אין לנו להגביל הזמן
שלא להדפיס עד מ’ שנה. ואף על פי שיש לחלק בין הוראה לשעתה ובמקומה, לחיבורים
המתפרסמים בכל תפוצות ישראל להבין ולהורות לשעה ולדורות, מ”מ אין לנו שום
יסוד מוסד לאסור בזה, מאחר שהמחבר הגיע להוראה ע”פ עדות גדולי הדור אשר יתנו
עדיהם ויצדקו. ואף על פי שהרמ”א ביו”ד (סי’ רמב סל”א) כ’ שאין לאדם
להורות עד ארבעים שנה. ע”ש. [וע”ע בתשובת המבי”ט סי’ רפ[17]].
אנן בדידן בתר הוראות מרן אזלינן. ובפרט שהעיד בגדלו שכן המנהג פשוט וברור, ומעשה
רב של רבו הגאון מהר”י בי רב. וכנ”ל. ואף להרמ”א י”ל דשאני
דין מחבר ספר בהלכה להפיצו ברבים, דיהיב דעתיה טפי לעיין היטב בספרי הפוסקים לבל
ימצא שם בדק, ואינו דומה למורה הוראה ומשיב לשואלו דבר בדרך הוראת שעה, שיש מקום
לחוש פן לא יעיין היטב בהלכה וידמה מילתא למילתא, בעוד שרב המרחק ביניהם, ויהי בכזיב
בלדתה אותו.[18]
לאמור,
לדעת חכמי הספרדים, אם ניתן למנות דיין שלא הגיע לגיל ארבעים ודאי שניתן גם לחבר
ספר לפני גיל ארבעים.[19]
אמנם לדעת חכמי האשכנזים, שיש הגבלה של גיל ארבעים למינוי דיינים, יש מקום לטעון
שאולי אין לחבר ספר לפי גיל ארבעים. ברם לדעת ר”ע יוסף, אדם המחבר ספר הרי
חזקה עליו שהוא בודק בעומק את דבריו טרם שיפרסמם. בזה הוא עדיף ממורה הוראה, שצריך
להשיב כמעט באופן מיידי. עדיפות זו של מחבר ספר היא הנותנת לו היתר לפרסם ספר גם
לפני גיל ארבעים.
אלא
שבהמשך הדברים סייג ר”ע יוסף מעט את דבריו:
וא”כ
גם לענין חיבורים ופסקים יש להקל להדפיסם ולהגדיל תורה ולהאדירה, ועל צד היותר טוב
יודיע המחבר בהקדמתו שלא יסמכו על חיבורו לפסוק ממנו למעשה כי אם אחר העיון היטב.
אבל להמנע מלהדפיס מכל וכל, היא חומרא המביאה לידי קולא, שכמה הפליגו חז”ל
בעונש מי שמונע בר (סנהדרין צא סע”ב).
ר”ע
יוסף לא הדגיש בדבריו עד עתה באיזה ספר מדובר, והדעת נותנת שכוונתו היתה לכל ספר
תורני. אכן ביחס לספר הלכתי נוספה עתה הסתייגות מסויימת. לעומתו, ר”ע הדאיה
ציין בדבריו במפורש שהוא מדבר על ספר שו”ת, ואפשר שרק לגביו התיר פרסום בגיל
צעיר. מכל מקום הצעתו של ר”ע יוסף שיש להודיע כי אין לסמוך על החיבור לפסק
הלכה, דומה שהשפיעה על מחברים רבים כפי שנראה בהמשך.
גם
ביחס לאשכנזים הביע ר”ע יוסף בהמשך תשובתו הסתייגות מסויימת:
ומעתה
נראה דעכ”פ לחבר ולהדפיס חיבורים בהלכה בדיני ממונות אף להרמ”א ודעימיה
יש להקל גם בפחות מארבעים שנה. ואף על פי שעדיין יד הדוחה נטויה לומר שבהדפס
חיבורים בהלכה גרע טפי, כי הדבר נשאר לדורות עולם, ויורו המורים שאינם בקיאים
לעמוד על שרש הדברים ועיקרם, ועי”ז רבה המכשלה, מכל מקום כיון שלא כל חכם
מצוי לפסוק דיני ממונות רק הבקיאים בש”ס ופוסקים, וברוח מבינתם יעמדו על דברי
המחבר היכונו דבריו אם לא, ומה גם שכל זה לאחר קבלת ההסכמות מגדולי הדור שיודעים
ומכירים המחבר בחכמתו ויראתו, לכן אין לחוש לזה כלל. ומצוה קעביד להגדיל תורה
ולהאדירה.
בין
חכמי האשכנזים[20] מצאתי
התייחסות לנושא בדברי ר’ יוסף ליברמן, ואביא את מסקנתו:[21]
להדפיס
דברים הנוגעים להלכה יש להמנע עד היותו בגיל מ’ שנה, ואם כתב לפני כן ורוצה
להדפיסם אחרי כן בהיותו כבר בן מ’, צריך לעבור עליהם עוד פעם, דאם לא כן מאי אהני
שמדפיס אח”כ, אדרבא עוד גרע דמטעה הבריות שאינם יודעים שמשנות ילדותו הם. וצעיר
הרוצה להדפיס צריך ת”ח מבוגר בן מ’ לעבור עליהם בעיון. אבל כל זה רק במי
שמעצמו מברר ופוסק הלכה מראיות וסברות שלו, ואין בכלל זה מחברי ליקוטי הלכות מדברי
פוסקים קודמים, כגון ספרי “כהלכתו” של דורינו שאינם אלא מאספים דברי
קודמיהם, באלה אם רבני גאוני הזמן יסכימו שהמחבר הולך ישר וראוי לכך הרי הם מזכי
הרבים.
ר’
נתן גשטטנר סבור אחרת. אלו דבריו:[22]
הרי
חזינן עד כמה חרדו גדולי עולם אלו זכר צדיקים לברכה שלא לפרסם פירות בוסר הנוגעים
להלכה, ומכל שכן ספרי לקוטים של הלכות פסוקות אשר יד הכל ממשמשים בהם ואינם
מיועדים דוקא לתלמידי תכמים היודעים להבחין בין תכלת לקלא אילן, הרי ודאי שאינו
ראוי לעסוק בכאלה אלא לתלמיד חכם מופלג שהורגל לעיון והתעמקות שנים רבות, ואף
שתקנת גאוני פראג[23] נראה שלא
נתפשטה, דהא עינינו הרואות שהרבה גדולים הבאים אחריהם הדפיסו ספריהם בהלכה טרם
שמלאו להם ארבעים לבינה, ואף הגאונים הללו לא תקנו זאת אלא בקהלתם וכמבואר בלשון
הכרוז “ראינו לתקן תיקון בקהלתינו”. אבל עכ”פ ניתן ללמוד מדבריהם
הקדושים כי לאו כל הרוצה ליטול את השם יבוא ויטול, ואין ראוי לעסוק בפרסום הלכות
הנוגעות למעשה אלא לתלמידי חכמים בעלי עיון שדעתם נתיישבה עליהם.
גם
נראה דעיקר הקפידא היתה שלא להדפיס קודם שנת הארבעים בירורים הלכה למעשה, אבל
לענין הדפסת ספר של ביאורי סוגיות ופלפולא דאורייתא, שאינו בא להסיק ולפסוק הלכה,
הנה בזמן הזה של עוקבתא דמשיחא שנתקיים בנו אמרם (סוטה מט:) חכמת סופרים תסרח
ויראי חטא ימאסו והאמת תהא נעדרת… ודאי שחיוב גמור על השרידים אשר ה’ קורא,
תלמידי חכמים צעירים העוסקים בתורת ה’, להפיץ מעייני חכמתם חוצה, ויש בכל ספר
שמחברו הוא ירא שמים ישר הולך משום קידוש שם שמים ברבים, להראות לעיני עם הארץ כי
לא פסקה אהבת התורה מישראל… ואדרבה חשיבות גדולה היא לעורר ולעודד את צעירי הצאן
לחדש חידושין דאורייתא ולכתבם עלי גליון וגם לפרסמם בדפוס, אבל בתנאי שהדברים הם
פרי עיון והעמקה ויגיעה בגופי תורה.
העתקתי
חלק ניכר מדבריו, כדי שהמעיין יראה מה בינו לבין ר”י ליברמן.

[1]       ראה על
כך מ’ בניהו, רבי חיים (לעיל הערה 35), עמ’ יא-יב.
[2]       שו”ת
שואל ונשאל, ח”ה, יו”ד סי’ קיט. הוא חזר על כך במקומות נוספים. ראה
בספרו ברית כהונה, ג’רבה, תש”א, או”ח מערכת ל, אותיות טו (שם גם ציין
למקומות נוספים שבהם חזר על דבריו), טז.
[3]       ראה ר’
מאיר מאזוז (נאמ”ן), דרכי העיון, בני ברק, תשע”ב2, דפים
קנח-קס, ואף שמדובר שם בג’רבא, שלא היה לה כל כך קשר לתוניס, בכל זאת המחבר כתב
בראשית דבריו כי הוא מדגים את דרך “העיון התוניסאי”, וראה גם דבריו בדף
קנח ע”ב ד”ה נעבור.
[4]       הנה
החיד”א בשו”ת חיים שאל ח”א סי’ סג הדפיס תשובה של רבו, ואחריה סי’
סד הדפיס את תשובתו שבה דן בדברי רבו, ולפי מ’ בניהו, רבי חיים (לעיל הערה 35),
עמ’ יא, הערה 24, החיד”א היה אז בן חמש עשרה-עשרים שנה.
[5]       דברי
תורה, ירושלים, תש”מ, ח”ו, אות מה.
[6]       ראה
לעיל הערה 118, בתולדות המחבר (אין ציוני דפים).
[7]       הרב
הגאון, הרב הגדול.
[8]       על
הויכוח ראה מ’ בניהו, ‘האסכולות של המבי”ט ושל מרן רבי יוסף קארו וההתכתשות
ביניהן’, אסופות, ג (תשמ”ט), עמ’ טז-כד, ובספרות שם, וחזר על כך בספרו יוסף
בחירי, ירושלים, תשנ”א, עמ’ מח-נג. באור ישראל סד (תשע”ב), עמ’ לד-לו,
נדפסה תשובתו של ר’ מרדכי הענא מכתב יד בעניין זה.
[9]       שו”ת
אבקת רוכל סי’ רא. תשובה זו אנונימית, אבל כבר קבעו כי היא של ר”י קארו, שהרי
הוא מזכיר בה את ספרו בית יוסף.
[10]     לפנינו
נמצא כן בתשב”ץ, ח”א, סי’ קנט.
[11]     שו”ת
רדב”ז, ח”ו, סי’ ב אלפים קמז.
[12]     שו”ת
רשד”ם, חו”מ, סי’ א, מהד’ ר”ד אביטן, ירושלים, תשס”ח, דף ח
ע”א.
[13]     שו”ת
ישכיל עבדי, ח”ב, חו”מ, סי’ א, אותיות כב, כג.
[14]     כדאי
לציין: הרב הדאיה סבור שההסכמות בדורנו אין להן כל תוקף, כיון שברור שהמסכים לא
עבר על כל הספר אלא המסכימים “סומכים על חזקה על חבר שלא יוציא מתחת ידו דבר
שאינו מתוקן, וגם סומכים על המעיין שבדעתו הרחבה יכול להכריע אם לצדק אם לשבט ולכן
אין שום צורך בהסכמות, ולא נצרכה אלא לברכה”. כך כתב בהסכמתו לספרו של
ר”מ מימון, הלכה למשה, ירושלים, תשי”ח.
[15]     הבאנו את
הדברים לעיל, ראש סעיף ו.
[16]     שו”ת
יביע אומר, ח”ד, חו”מ, סי’ א.
[17]     שורה זו
במקור.
[18]     מליצה על
פי בראשית לח, ה: והיה בכזיב בלדתה אותו. כלומר, המורה הוראה יכול לטעות.
[19]     ר’ אברהם
יקותיאל אוהב ציון, שו”ת יעלת חן, ח”א, ירושלים, תשס”ט, בהקדמה
שערי ח”ן, דף א ע”ב, כתב שאם חיבר את התשובות בהתיעצות עם חבריו, ניתן
לפרסם אותן לפני שהמחבר הגיע לגיל ארבעים.
[20]     על פי מה
שכתב ר’ צבי יברוב, מעשה איש, בני ברק, תשנ”ט, ח”ב, עמ’ ע-עא, עולה כי
החזון איש תמך בהדפסת ספר בגיל צעיר ואילו רז”ר בענגיס התנגד לכך.
[21]     משנת
יוסף, שבעים דרשות ומאמרים, ח”א, ירושלים, תשנ”ח, מאמר ז, עמ’ פז.
[22]     שו”ת
להורות נתן, חי”א, סי’ צג, אותיות ז-ח.
[23]     על תקנה
זו נעמוד לקמן בסעיף יב.



New Book Announcement: Amudim be-Toldot ha-Sefer ha-Ivri (Volume Three)

New Book
Announcement: Amudim be-Toldot ha-Sefer ha-Ivri (Volume Three)
By Eliezer
Brodt
I am very
happy to announce the recent publication of an important work, which will be of
great interest to readers of the Seforim blog. The third volume of, Amudim
be-Toldot ha-Sefer ha-Ivri
by Professor Yaakov Shmuel Spiegel, of Bar-Ilan
University’s Talmud department.
As I have
written in the past, Professor Spiegel is one of the most prolific writers in
the Jewish academic scene, authoring of over 160 articles and 18 books (16 of
those are publications for the first time of works which remained in
manuscript).  Many suspect he possesses Hashbot
Hakulmos
(automatic writing).
His
articles cover an incredibly wide range of subjects related to many areas of
Jewish Studies, including history of Rishonim, piyutim authored by
Rishonim, bibliography and minhaghim, to name but a few. His uniqueness
lies not only in the topics but also that his work has appeared in all types of
publications running the gamut from academic journals such as Kiryat Sefer,
Tarbiz, Sidra, Alei Sefer, Assufot, Teudah, Kovetz
Al Yad
and also in many prominent Charedi rabbinic journals such a Yeshurun,
Yerushasenu, Moriah, Sinai and Or Yisroel. It is
hard to define his area of expertise, as in every area he writes about he
appears to be an expert!
He has
edited and printed from manuscript many works of Rishonim and Achronim on Massekhes
Avos and the Haggadah Shel Pesach. He is of the opinion, contrary
to that of some other academics, that there is nothing non-academic about
printing critical editions of important manuscript texts. Although there is a
known “belief” in the academic world, “publish or perish,” which some claim is
the cause of weak articles and books, at times, Spiegel’s prolific output does
nothing to damper the quality of his works. Another point unique to Speigel’s
writings, besides his familiarity with all the academic sources, he shows great
familiarity with all the classic sources from Chazal, Geonim, Rishonim and
Achronim, to even the most recent discussions in Charedi literature – this bekius
(breadth) was apparent well before the advent of search engines of Hebrew books
and Otzar Ha-hochmah. Alongside all this is his penetrating analysis and
ability to raise interesting points.
Some of
these articles were collected into a volume called Pischei Tefilah u-Mo’ad,
which was reviewed a few years back here
on the seforim blog. This volume is currently out of print.
One of
Professor Spiegel’s main areas of interest has been the History of the Jewish
Book. He has written numerous articles on the subject and even published
two books on this topic in a series called Amudim be-Toldot ha-Sefer ha-Ivri.  Volume one was first printed in 1996 and is
called Amudim be-Toldot ha-Sefer ha-Ivri: Haghot u-Maghim. It was
reprinted with numerous additions in 2005 (copies are still available). It was
reviewed by Dan Rabinowitz and me, a few years back here
on the Seforim Blog.
The second
volume is called Amudim be-Toldot ha-Sefer ha-Ivri; Kesivah Vehatakah.
This volume is currently out of print and will hopeful be the subject of a book
review by Dan Rabinowitz and myself in the next few months.
I think
that anyone who has an interest in the Jewish Book will enjoy this work
immensely.
In the near
future I hope to review this work in depth. Next week the blog will feature
some sample pages of this new work.
For a short
time I will be selling copies of this work for $32. The price includes airmail
shipping (to the US UK or Canada). Copies are also available at Biegeleisen.
For more information about purchasing this work, feel free to contact me at
Eliezerbrodtatgmail.com
To get a
sense of what exactly this new book is about, I am posting the Table of Contents
here:




The Creative Craftsman: Adorning The Torah, One Crown At A Time

The
Creative Craftsman: Adorning The Torah, One Crown At A Time
By Olivia
Friedman
Olivia Friedman received
her M.A. in Bible from the Bernard Revel Graduate School of Jewish Studies.
Based in Chicago, she is a Judaic Studies teacher, tutor, writer, and lecturer
and can be reached at oliviafried-at-gmail-dot-com.
It’s not surprising that
there are many overlooked biblical commentators. However, R’ Zalman Sorotzkin’s is one who ought to be rescued from relative obscurity. Sorotzkin’s biography and
tumultuous history helped shape his unique outlook upon Tanakh. His vision and
appreciation for cultural context allows readers access to the text via the
road of personal relevance. His biblical commentary’s contemporary resonance
will recommend him to modern day Jews in particular.
Biography
Born in 1881 in
Zachrina, Lithuania (Sofer), he was influenced by his father, R’ Benzion, a man
who spent much of his time learning Torah and bringing others closer to God
(Anonymous 4). A brilliant orator, R’ Benzion had the ability to move people to
tears. This last extended even to his son, whom he always cautioned, warning
him that if he did not shed tears when he prayed the words ‘And light up our
eyes with Your Torah’ he would not be successful in his studies that day
(Anonymous 4). R’ Benzion’s wife, Chienah, was the daughter of the sage and
kabbalist R’ Chaim who wrote the work Divrei
Chaim
on the Torah (Anonymous 4). Born to two such illustrious people, it
was hardly surprising that Zalman, a young prodigy, applied himself to his
studies. He learned in his father’s house and then in the famous Slobodka
yeshiva alongside the esteemed R’ Moshe Danishevsky, choosing later to study in
Volozhin under R’ Raphael Shapiro (Anonymous 4).
            Zalman
created a name for himself due to his diligence and success in his studies; his
reputation spread throughout the land and even reached Telz. Rabbi Eliezer Gordon,
Dean of Telz, gave R’ Zalman Sorotzkin his daughter’s hand in marriage. Her
name was Sarah Miriam. Once married, Sorotzkin chose to learn in seclusion for
many years in Volozhin, after which he returned to Telz because the yeshiva had
burned down. He accepted the position of principal in order to rebuild the
yeshiva, a mission he successfully completed (Anonymous 5). Upon the death of
his father-in-law, he was invited to Voronova, which is situated between Lidda
and Vilna, to be the spiritual leader and Rav. R’ Zalman accepted the offer and
immediately set his sights upon recreating the city. At this time he also
became good friends with R’ Chaim Ozer Grodzinski, who lived nearby in Vilna
(Sofer). As soon as R’ Zalman came to Voronova, he made a yeshiva for young
students and did his utmost to forge strong relationships with the community
members, who saw him as a mentor, teacher and spiritual guide (Anonymous 5).
            When
he had completed his task in Voronova, R’ Zalman determined to move to Zhetel,
where he focused on important work such as constructing its Talmud Torah
(Sofer) and offering support in the areas of financial upkeep of the home.
Sorotzkin was never divorced from the reality of everyday living or hardships
within the Jewish communities. Indeed, such hardship and misfortune struck him
as well. Upon the arrival of World War I, he and his family were forced to flee
and escape to Minsk (Sofer).[1]
His name having preceded him, upon his arrival he immediately utilized his time
and energy in serving the people of the community, specifically working to
ensure that as many rabbis and Torah students as possible could be spared from
conscription to the Russian army (Anonymous 5).[2]
Sorotzkin traveled to St. Petersburg and due to his connections with General
Stasowitz, “managed to procure ‘temporary deferments’ for hundreds of rabbis
who were not recognized by the Polish government” (Sofer). Due to a mistake on
General Stasowitz’s part, these deferments remained in effect throughout the
entire period of the war. R’ Sorotzkin also spoke and offered words of
encouragement and praise to the Jews of the community; he was known to possess
a golden tongue (Anonymous 5).
            After
the war was over, Sorotzkin returned to Zhetel briefly. Due to his fame and
abilities, he was courted as potential Rav by many different communities; in
1930, he finally determined to head the community of Lutsk. He transformed the
community, working to ensure that the schools and yeshivot were of top quality
(Sofer) while also focusing on national matters. He was appointed by R’ Chaim
Ozer Grodzinski to head the Committee for the Defense of Ritual Slaughter, as
Poland had determined that halakhic ritual slaughter was cruel. When the law
against ritual slaughter was passed, R’ Sorotzkin countered by “placing a ban
on meat consumption” (Sofer). Three million Polish Jews no longer purchasing
meat was enough to cause cattle-owners to place pressure upon the government, who
then cancelled the decree. When the Polish government decided to establish an
elite rabbinate, one of those chosen was R’ Zalman Sorotzkin (Anonymous 6).
            Upon
the outbreak of World War II, the Soviet authorities planned to arrest R’
Zalman Sorotzkin (Anonymous 6). Thus, he and his family were forced to flee to
Vilna, where R’ Chaim Ozer Grodzinski “instructed him to immediately attend to
the needs of the yeshivas” (Sofer). It was only once Vilna was taken over by
the Bolsheviks that Sorotzkin and other escapees began a long, arduous journey
to Israel (Anonymous 6). They were helped by the sages and rabbis in America.[3]
            Despite
the many tragedies that had occurred in his family (the loss of his only
daughter, his son, his father-in-law and grandchildren during World War II), R’
Zalman Sorotzkin remained undeterred and threw himself into communal
obligations once more. He created a Vaad HaYeshivos in Israel similar to the
one that had existed in Vilna. Its first task was to “provide a financial base
for the yeshivas” (Sofer). When Agudas Israel was organized in Israel and the
Moetzes Gedolei HaTorah [Council of Torah Sages] was formed, the Gaon R’ Isser
Zalman Meltzer was appointed and R’ Sorotzkin was chosen to assist him. After
R’ Isser Zalman Meltzer passed away, R’ Sorotzkin took over the position as
head of the Moetzes Gedolei HaTorah himself (Anonymous 7).
            When
the Israeli government decided to start government-structured education and do
away with certain aspects of Judaic education that had existed until then, the
Moetzes Gedolei HaTorah banded together in order to create a chain of schools
that would accord with their views on education (Anonymous 7). The plan by the
Israeli government was to create three different streams of education- “one for
general Zionism, one for Labor-oriented Zionism, and one for the Mizrachi”
(Sofer). Later, the government wished to reduce these streams to two- “a
secular state system and a religious state system” (Sofer). This was not
something the Moetzes Gedolei HaTorah could support; they had very particular views
regarding Jewish education and having their curriculum approved or managed by
the government was unacceptable. They therefore created the Chinuch Atzmai
initiative.[4] R’ Zalman
Sorotzkin took over leadership for this project and put much effort into it. He
started many schools while simultaneously recording his novel insights into
Torah, publishing several works, including Aznayim
L’Torah,
his commentary on the Torah, Moznayim
L’Torah
, his commentary on the festivals, and HaDeiah v’HaDibur, which focuses both on Torah and the festivals.
Having dedicated his life to the betterment of circumstances for the Jewish
people, he passed away on the 9th of Tamuz 5726 (1966).
Masterwork
            One
of R’ Zalman Sorotzkin’s seminal works – perhaps the seminal work – was his Aznayim
L’Torah
[Ears for the Torah]. His introduction to the work, printed in
front of his commentary to Genesis, contains his personal outlook on life and
an explanation of what inspired him to write this commentary. He begins by
noting the distinction between simple praise and the higher level of praise and
thanks. Praise is offered when someone does a positive action in a normal or
traditional manner. But the higher level of praise and thanks occurs when
someone does something in an unusual way, where they are coming from a place of
love and compassion. Sorotzkin argues that all of the Jews who were blessed and
gifted with survival after the horrors of World War II need to thank God for
their salvation. All the more so does this apply to those who were lucky
enough, like himself, to make their way to the land of Israel.
            Sorotzkin’s
humility is demonstrated by his passionate belief that he, his wife and his
family are so insignificant in relation to the many other people who perished
in the Holocaust. “Who am I and who is my household that You saved us?” he
questions God. He explains that he feels truly blessed that he was able to see
his books in print and come to Israel where he could serve God. Then,
shockingly, he also blesses and praises God with regard to all the horrors that
had been visited upon him. Despite the fact that many of his family members
perished in the Holocaust, he chooses to see this as the will of God and thinks
that he too has a portion in their blood of atonement. He wholeheartedly
believes that God will be good and avenge their blood and that because of this
physical death they have all earned eternal life.
            At
this point in the introduction, R’ Sorotzkin begins to delineate the sources
and motivations for his commentary. There are four of them. First, he credits
his rebbe, who taught him Chumash [Bible] and accustomed him to review it
diligently. There were times that R’ Sorotzkin reviewed an entire book of the
Five Books in a day, and completed all five within the week. Due to this wide
exposure to Tanakh, R’ Sorotzkin was given a wonderful background off of which
to compose speeches and to find answers to the problems of life within the
Torah.
            Second,
he credits his son. He desired to fulfill the commandment of V’shinantam l’vanecha [and you shall
teach/ make it sharp for your son] for at least one day a week without making
use of a shliach [agent]. Thus, he
accustomed himself to learn the portion of the week on the Sabbath with his
son, doing his utmost to plant the seeds for love of Torah and fear of God. His
son had many excellent questions and R’ Sorotzkin explains that he learned a
lot from his son, who would offer
lots of novel insights to him.
            Third,
R’ Sorotzkin was not limited to learning with his son but also learned with
many other people. He explains that throughout his career in Lutsk, Zhetel and
Voronova and continuing to Jerusalem, he would give over short speeches and
lectures themed as pertaining to Torah. In this way he created flowers and
adornments for the section of the week, beautifying it and making it holy. He
tried to find connections between the Written Law and the Oral Law in order to
truly connect with and reach other people.
            Fourth,
R’ Sorotzkin was bothered by all the troubles that beset the Jews- decrees,
wars, a time of destruction, leaving religion, breaking educational boundaries
and exile. He therefore decided to write a commentary that would speak to the
times and address the issues of the generation, trying to show his beleaguered
people that the light of God that comes from understanding the Bible and
Prophets may illuminate their lives as well.
            R’
Sorotzkin writes that he looked over his lifework a number of times before
publishing it, adding sections and subtracting others until he felt that he had
truly created his masterwork. He specifically chose the name Aznayim L’Torah because it reflected the
essence of the work- this demonstrates his own experience in listening to the
messages the Torah conveys as well as the way in which the book was formed,
through listening to the ideas and insights of others (such as his students).
Perhaps the most important aspect of Sorotzkin’s work was his clear desire to
enable it to be accessible to all. He offers a guide as to what many different
members of society will be able to discover within its covers. Rabbis and
scholars will appreciate finding the words of our sages and other interwoven
concepts in clear and concise language. Teachers will find explanations and
clarifications in accordance with the simple understanding of the text and
ideas that will enter into the minds of their students. Learned people will
find new insights and explanations, specifically words that are accepted into
the heart. In this way, his commentary aims to be useful to and appreciated by
all.
            Sorotzkin
explains a stylistic choice he made regarding his utilization of the words
‘Maybe’ or ‘Perhaps’ throughout his commentary. He explains that he wrote his
commentary keeping the adage of the Tosfos Yom Tov in mind (Brachot 85: 44)
that it is permissible to offer explanation and commentary on the Torah only
via the method of explicating the simple understanding or a more complicated
understanding so long as one does not claim this is the final and inarguable
mode of comprehending the text. Sorotzkin explains that his commentary reflects
his thoughts and the reader is welcome to take them or leave them; he
understands that there are seventy facets to the Torah and the reader should
feel free to choose whichever snippets of his commentary speak most to him.
            Sorotzkin
concludes by dedicating his work to the memory of his father and mother, whom
he praises and admires, and thus begins the reader’s journey into the mind and
methods of a nobly intentioned man.
Examples of Sorotzkin’s Unique Approach Via Deuteronomy
What Sets Deuteronomy Apart
            Sorotzkin
begins his commentary to the Book of Deuteronomy by noting the distinct
differences between this book and the other four books of the Torah. The other
four books are linked to Genesis and appear to be one Torah, but this work
begins with the words ‘These are the words’, making it stand alone. It even has
its own title, he explains- that of Mishnah Torah. The second distinction
appears in the way the narrative is told over. Throughout the rest of the
Torah, lashon nistar – secretive or
hidden language- is utilized. Events are told over in the third person: ‘And
God spoke to Moses.’ In contrast, here much of the book is recorded in the
first person. Third, the content of Deuteronomy is quite different: it seems to
be review of precepts formerly discussed in the other works alongside rebuke
and chastisement. Fourth, aside from the title Mishnah Torah, the work has
another name, Sefer HaYashar [The Book of the Righteous] which also requires
explanation.
            Sorotzkin
argues that the entire Torah is from God and anyone who suggests that even one
verse was written by Moses of his own initiative is incorrect. If so, however,
why are there all the aforementioned distinctions between this work and other
works? R’ Zalman explains that it would have been difficult for a generation
steeped in idolatry to serve God appropriately, which was part of the reason
that God decreed that the generation had to stay in the desert for forty years,
during which time its children could grow up knowing only God and unfamiliar
with idols and other forms of impurity. Moses wished to ensure that this second
generation would not sin and thus wanted to paint a vivid picture of all that
had transpired in order to warn and guide them so that when they crossed the
Jordan they would not be lost. Sorotzkin cites the Abarbanel who explains that
first Moses spoke these words and afterwards God gave him leave to include them
within the Torah. Thus, the fact that they were written within the
authoritative text was not of his own initiative. Due to this work’s emphasis
on reviewing the commandments and offering rebuke, it was entitled Mishnah
Torah.
            Yet
why was it entitled Sefer HaYashar? This is due to the verse in Deuteronomy 6:
18, ‘And thou shalt do that which is right and good in the sight of the Lord
that it may be well with thee.’ Yet doesn’t it also mention the word ‘yashar’
in Exodus? Yes, explains R’ Sorotzkin, but the word is mentioned far more
frequently in Deuteronomy than Exodus and the title of a book follows the
frequency of the topic/ theme mentioned therein. He cites the Maharsha, who
explains the verse in 6:18 as referring to the need to operate lifnei m’shuras ha’din [above and beyond
the letter of the law]. Moses is thus instructing the Jews to follow God’s law
but not just the letter of the law; rather, the spirit of the law as well.
            R’
Sorotzkin then offers a beautiful understanding of the Midrash Rabbah which
suggests that this particular work was found in Joshua’s hands and that it is
thus understood that the King of the Jews must carry it with him at all times.
Since all of the Torah is meant for all Jews, why is Deuteronomy specifically
offered to/ meant to be found upon the person of a king? R’ Sorotzkin explains
that it is because the king has special powers to put people to death simply
due to his law (outside of the typical workings of a Jewish court). Thus, the
king might be tempted or fall prey to acting in a cruel manner. It is
specifically this book which focuses upon the need to operate in a way which is
above and beyond the letter of the law that will remind him that he is
accountable for his actions and it is better to be merciful and charitable, as
King David was, than to be too quick to punish. This is the reason that
throughout Tanakh the words yashar [righteous]
and tov [good] are associated with
David and those who follow in his footsteps. This explains the reason that this
work specifically should not be forgotten and should not ever be absent from a
leader’s lips; he must know and understand and remember the need to act in a
just and righteous manner so as not to betray God and the mission God offered
him.
Various Orientations to Text- Literary,
Realistic, Personal, Psychological
            R’
Zalman Sorotzkin’s commentary is both beautiful and peculiar in that it does
not seem to follow simply one methodological method or attempt to reach one
goal. Since the main themes that motivated him in the writing of it were
accessibility to the populace and speaking to the times, it is perhaps not
surprising that his analysis, ideas and thoughts are so varied. He particularly
focuses upon literary and psychological problems within the text, but also
appeals to modern readings of the verses in addition to consistently comparing
verses that appear within one text to those found in a different place. By dint
of these comparisons he desires to draw out a point, sometimes an important and
overarching message that helps demonstrate the particular significance of the
passage he is currently explicating. The varied and sporadic nature of his
commentary typifies its genius. There is something here for everyone, from the
child to the scholar. It is almost like attending a banquet where many
sumptuous foods and delicacies are served. One person may prefer the chocolate
mousse while another may enjoy tenderloin steak, and both are lovingly
presented upon the table.
            Sorotzkin’s
careful reading of verses translates to a fascinating analysis ranging from the
more obvious understanding that Deuteronomy begins without use of the
conjunctive vav to his more subtle reading of Deuteronomy 1:5. There, R’
Sorotzkin questions how it would help to ‘explain’ the Torah in foreign
languages seeing as the Jews would not have understood these languages. He then
offers a reading where the Hebrew word lashon
means ‘idiom’ and thus Rashi is referring to the fact that Moses in fact
explained the seventy facets of the Torah as opposed to writing them down in
different tongues. Sorotzkin is concerned with reality and with events making
sense on a logical plane; thus his worry over an ‘explanation’ that wouldn’t
actually help explain anything!
            Similarly,
in keeping with his desire to link the Written Torah and Oral Torah,
Sorotzkin’s careful literary analysis allows him to demonstrate that there are
places where this must be so. In Deuteronomy 1:11, he comments on the words
‘May God add to you…a thousand times yourselves.’ In keeping with Maimonides’
understanding regarding cities of refuge, where an additional three cities were
not yet added and thus it means that they will be added in the time of Messiah,
Sorotzkin notes that there has not yet been a time in history where there have
been six hundred million Jews. Since the Torah does not offer false promises,
he argues, this blessing too must refer to a future time (that of the Messiah).
            Yet
his literary awareness also leads him to shed light upon deceptively simple
texts. For instance, in Deuteronomy 2:6, he comments to the verse ‘You shall
purchase food…so that you may eat, also water…so that you may drink.’ After
citing other commentaries’ explanations of this verse, the question being why
it was necessary to explain that the people would eat or drink the food (isn’t
that evident?) he offers his own, elegantly linking it back to the complaints
registered against the manna in Numbers 21:5. There, the Hebrews had declared
that they were ‘disgusted with the insubstantial food.’ There were also those
who found fault with the water from the miraculous well, as stated by the
Netziv. Here, notes R’ Sorotzkin, the people will have a chance to purchase
food and water as opposed to the manna and miraculous well upon which they had
previously been subsisting. God knew, however, that as soon as they did so they
would realize that they had in fact lacked nothing for the forty years in which
they had traipsed through the desert, and that God’s food was superior to
anything they could purchase. Thus, the simple explanation of the verse is that
the Hebrews purchased food as opposed to eating their own because they longed
for something to eat which was not miraculous in origin.
            R’
Sorotzkin’s appreciation for stylistic literary choices is further demonstrated
in his understanding of Deuteronomy 1:44. He elaborates upon the verse ‘As the
bees would do,’ creating an extended metaphor that explains how precisely the
actions of these men who desired to possess the land of Israel were akin to
those of bees. He explains that “[b]ees make honey, but also sting” (Lavon 24)
which is why, when a beekeeper desires to harvest his honey, he must first
light a fire with green wood, which will send up lots of billowing smoke. The
bees “run inside the hive and cower” (Lavon 25) upon smelling the smoke, at
which time the beekeeper is able to harvest the honey. In contrast, someone who
desires to steal the honey will not be able to announce his presence by
kindling a fire. Thus, he must approach unshielded and the bees will sting him
to death. In the end, he must flee in order to preserve his life (Lavon 25).
            Similarly,
explains R’ Sorotzkin, the men who wished to possess the land of Israel did so
unlawfully and therefore the pillar of cloud which accompanied them in the
desert did not protect them. Indeed, if they had received God’s explicit
command and blessing, that cloud would have annihilated their enemies and
caused them to fall dead in their path. The Jews would then be able to possess
the land which was flowing with milk and honey, the Amorites having left them
untouched. However, “when these willful people barged in unlawfully, they were
like thieves seeking to take honey from the hive without a smokescreen” (Lavon
25). For this reason, the Amorites were able to fall upon them “like bees”
(Lavon 25) and far from conquering the land flowing with milk and honey, these
Hebrews lost their lives in the attempt. Sorotzkin’s reading is imaginative,
creative and extremely vivid; he takes one sentence within the verse and
conjures up an entire scenario which adds flavor and meaning to the text.
            Sorotzkin’s
playful personality arguably appears in his analysis of Deuteronomy 3:26.
There, God has informed Moses that rav
lach
[it is too much for you]. Sorotzkin interprets this as a literary play
on words. Rav lach could also mean ‘a
Rabbi for you.’ Moses had suggested that even if he was not permitted to lead the Israelites into the Promised
Land, perhaps he could act as an ordinary citizen and follow Joshua’s command.
God’s answer to this was rav lach
‘acting as a Rav is the task for you’ and that he would be unable to be a mere
student. Sorotzkin notes that this fits perfectly with the Midrash Tanhuma’s
understanding that after Moses learned Torah from Joshua he said, “Until now I
requested my life, but now, my soul is Yours for the taking.”
            Aside
from puns and creative interpretation, Sorotzkin’s commentary is also sprinkled
with comments that show his humility. In his commentary to Deuteronomy 1:15, he
gives credit to his nephew for the explanation he offers. In Deuteronomy 1:15,
he frankly admits that he did not fully understand the Vilna Gaon’s holy words.
He is not shy of admitting his lack of understanding. Similarly, in Deuteronomy
1:46, he seems puzzled, explaining that he cannot understand why Rashi offered
an interpretation that is contrary to the one found in Seder Olam. This is
aside from the fact that his commentary as a whole is peppered with sources
outside of himself, whether they are traditional greats like Rashi, Maimonides
and the like or the Vilna Gaon, Melo HaOmer or Ka’aras Kesef. Sorotzkin clearly
valued the contributions of those other than himself and uses them as
springboards off of which to base his own ideas.
            Perhaps
Sorotzkin’s most compelling renderings of Tanakh appear in his psychological
readings of various verses. Indeed, he often links the literary to the
psychological, noticing particular wording in a verse or the placement or
juxtaposition of several verses, and then coming to conclusions about the
significance of this order. In his commentary to Deuteronomy 1:1, ‘The words
that Moses spoke,’ Sorotzkin explains that people will listen to a speaker for
one of two reasons. One: The speaker may be a gifted orator who knows how to
latch onto and grab hold of the hearts of men. Two: He is speaking on behalf of
a famous and important person, and thus even if his tongue is made of stone, he
will still command attention. For this reason, when Moses speaks with God by
the burning bush, the objections he has reflect his psychological state. Moses
realizes that he will not be able to command the attention of the Hebrews
because they do not know who God is and thus will not attend since reason two
will not apply in their case. Due to this, he concludes his conversation with
God by explaining that he is not a man of words as opposed to opening with that
objection.
            Similarly,
in his commentary to Deuteronomy 1:17, Sorotzkin is surprised by Moses’
language. The verse seems to suggest that Moses sees himself as capable of
solving any problem; indeed, he declares that “any matter which is too
difficult for you, you shall bring to me and I shall hear it” (Deut 1:17)! How
can it be that the humblest man on earth, deemed so by God Himself, can be so
arrogant as to suggest that he will be able to solve any problem, no matter how
thorny? R’ Sorotzkin delves into the psychological underpinnings of Moses’
statement and determines that in fact there is no contradiction at all. What
Moses is really stating is that perhaps the judges will come upon a difficult
litigant who will not allow them to proceed in their task. Under such
circumstances, since Moses has already warned the judges not to ‘tremble before
any man,’ he now cautions them that if a litigant comes before them who is too
difficult for them, “’bring [this case] to me and I shall hear it,’ for I am
willing to suffer the slings and arrows of this difficult man” (Lavon 15). Far
from declaring his superiority and claiming that he has the ability and insight
to rule in every single case, Moses is acting humbly, explaining that he is not
too proud to bear the contempt of a dissatisfied plaintiff.
            But
it does not end there. Sorotzkin’s entire interpretation of the phrase ‘As the
Lord, your God, commanded you’ (Deuteronomy 5:16) as it refers to the
commandment of honoring one’s father and mother reflects his sensitivity to the
psychological conditions under which that generation had been raised. He
explains:
Normally, children’s
love and respect for the parents who brought them into the (present) world
grows steadily through the years. The more the child enjoys his life, the more
happiness he discovers, then the greater will be his love for the parents who
gave him this happy life.
In the plains of Moab,
Moses was confronted with children who had suffered greatly from wandering in
the desert, all because of their parents’ misdeeds. It was their parents who
had brought down upon them the decree that “Your children will roam in the
Wilderness for forty years and bear [the guilt of] your guilt” (Numbers 14:33).
Therefore Moses stressed what God had told him on Mt. Sinai: that this
commandment must be done “as the Lord, your God, commanded you”: to honor your
parents during their life and afterwards, regardless of how well or ill
satisfied you are with your life. (Lavon 79)
Once again, Sorotzkin succeeds in making the
Torah a contemporary and caring book, demonstrating that Moses understood and
spoke to the nation’s psychological state.
            Sorotzkin’s
practical advice and use of anecdotes and stories to flavor his point helps him
to fulfill his goal of making his commentary easy and accessible. In his
commentary to Deuteronomy 1:1 on ‘These are the words that Moses spoke’ he
explains that Moses only engaged in words of Torah, a small matter in those
times. Relating the point to his own generation, however, he mentioned that:
For Moses, a man of God,
this was merely a minor accomplishment. Yet in our own times we merited the
example of the Chafetz Chaim, zt”l,
who used his tendency to be talkative as a tool to keep away from sin. In order
to avoid speaking or hearing idle words, he would talk endlessly to both
students and visitors about Torah subjects and Jewish ethics. The great tzaddik R’ Chaim Ozer Grodzinski, zt”l,
bore witness that the author of the Shemiras
HaLashon
guarded his own tongue in a most original way: not by keeping
silent, but by always fulfilling v’dibarta
bam
so that there was never a moment for idle talk. (Lavon 3)
Similarly, in his commentary to Deuteronomy 1:1
on the words ‘To all Israel,’ he offers an example from his time, stating:
A story is told about a gaon who was famous for his moving
discourses. Everyone would run to hear him speak and listen to his words of
rebuke. After his death, his discourses were collected and published, but for
some reason they did not have a profound effect on their readers. People
commented that although these were the very same speeches they remembered
hearing from the great man himself, something was missing—the sigh that would
escape his lips when he paused. That sigh, which rose from the depths of his
heart, broke their hearts when they heard it. For only words that come from the
heart can enter the heart. (Lavon 4)
Through interweaving these stories and
anecdotes, Sorotzkin manages to capture the attention of an element who might
not feel connected to the text otherwise.
            His
penetrating psychological insights and evaluations of characters within the
text also help to add a dimension of reality to an otherwise distant story. For
example, Sorotzkin notices that Moses states “I cannot carry you alone” in
Deuteronomy 1:9 only to later state “How can I alone carry your contentiousness?”
in verse 12. Why the need for repetition? Answers R’ Sorotzkin:
The fact is that being a
ruler of Israel is similar to being a slave. Even after Moses, the acknowledged
ruler of his people, decided that he was unable to bear all their problems and
judge all their cases himself, as he declares in this verse, he asks himself
what the people will say. Perhaps his ‘masters’ would think he was shirking his
duty towards them, and that he was really capable of bearing the burden by
himself. Therefore, he asked them if they agreed with him (v. 12). Let them
tell him, if they can, how he can bear it all by himself! Only after they
answered him, “The thing that you have proposed to do is good” (v. 14) was his
mind at ease. (Lavon 10)
Through careful reading of the verses and
appreciating the literary significance of the seeming repetition, R’ Sorotzkin
seeks to unveil the thoughts that were pressing upon Moses’ mind. Similarly, in
Deuteronomy 2:6 in his commentary to the verse ‘Also water shall you buy from
them for money’ R’ Sorotzkin deducts the Israelites’ state of mind from the
unusual Hebrew word used to mean ‘buy.’ The word is tikhru. R’ Sorotzkin explains that Scripture uses this rare word
due to the fact that “the Jewish people may have considered digging a cistern
on Edomite land without permission” (Lavon 30). The word tikhru means both ‘buy’ and ‘dig.’ Thus, the hint being given is
that if the Israelites wish to “dig for water, they must buy the water!” (Lavon
30)
            R’
Sorotzkin often identifies echo narratives or notes places where he feels light
can be shed by making a comparison (of characters, texts or storylines). In
Deuteronomy 1:3, when commenting on ‘In the eleventh month, on the first of the
month’ Sorotzkin compares Moses to R’ Hanina bar Papa. He notes that Moses
reviewed the Torah with the Jews for a total of thirty-six days, since he began
on the first day of the eleventh month and concluded on the seventh of Adar. In
contrast, R’ Hanina reviewed Torah for a mere thirty days. Why did it take the
latter sage less time? The difference, argues R’ Sorotzkin, is contained in the
mode of study and delivery. Moses was speaking to the entire people and needed
to elucidate the commandments before all of them whereas R’ Hanina was only
learning for and by himself. Thus, the seeming discrepancy is explained.
            While
in that case Sorotzkin drew a comparison between a character in Tanakh as
opposed to a different one who appears in the Talmud, he also uses his
comparison technique and notices differences and similarities between various
characters when solely in their Tanakh context. In his commentary to
Deuteronomy 3:27 on ‘For you shall not cross the Jordan’ he explains:
Joseph spoke with pride
about his native land, saying, “For indeed I was kidnapped from the land of the
Hebrews” (Genesis 40:15). He was therefore rewarded with burial in his own
land. Moses did not admit to his native land. When Jethro’s daughters said of
him, “An Egyptian man saved us” (Exodus 2:19), he heard and was silent. Therefore,
he did not merit burial in his land (Deuteronomy 2:8).
People commonly point
out that Moses not only refused to admit his native land, but he also denied
his people. For Jethro’s daughters called him ‘an Egyptian man’ and that is not
only a land but a people. Why was he not punished for this denial as well?
Perhaps we can explain
this in accordance to the Midrash. When Potiphar saw the Ishmaelites offering
Joseph for sale, he said to them, “In all the world the white people sell black
people and here are black people selling a white man! This is no slave”
(Genesis Rabbah 86). Since the Egyptians were even darker-skinned than the
Ishmaelites, everyone must have known that the Jethro’s daughters weren’t
referring to Moses as an ethnic Egyptian when they said that “an Egyptian man”
had saved them. Clearly he was of the lighter-skinned Hebrews living in Egypt
at the time- a resident of the country, but not one of its natives. At this
point, Moses should have corrected them and told them that he was not an Egyptian
at all, but “from the land of the Hebrews.” (Lavon 51)
Sorotzkin not only delineates the differences
between the two characters but also uses an appeal to common sense as
understood by the Midrash. The Midrash offers its commentary based on (in its
view) the realistic approach that Joseph was white and that slaves who were
commonly sold were black. This is enough of a proof to demonstrate that Moses
could not possibly have been seen as a true Egyptian. Sorotzkin’s appeal to the
cultural standard, milieu or conditions of the time is not only expressed here,
but often occurs within his commentary. He deliberately chose to read the Bible
with modern eyes. In his commentary to the verse ‘Then you spoke up and said to
me, ‘We have sinned to God!’(Deuteronomy 4:1), he explains that “[p]erhaps by
behaving this way they were straying into the ways of idolaters, who
customarily confess sins before their priests” (Lavon 24) which is “not the way
of Israel, who confess their sins directly before God- after asking forgiveness
from the person they have wronged, if it is a sin between man and his neighbor”
(Lavon 24). Sorotzkin’s reference to the practice of confession echoes Catholic
practice and creates a situation where the general populace can understand why
it was improper for the Hebrews to come weeping to Moses as opposed to simply
turning to God.
            Another
example of R’ Sorotzkin’s awareness of the times appears in his commentary to
Deuteronomy 12:8 on the verse ‘Every man what is proper in his eyes.’ He sadly
notes:
Look at the difference
between recent generations and the generation of Moses.
In more recent times
when we talk about, ‘You shall not do…every man what is proper in his eyes,’ we
mean things like theft, robbery, adultery, murder or even idolatry, whereas in
the generation of Moses, it meant that one must not bring a sacrifice to God on
a bamah, a private family altar.
Private altars were permissible at that time, of course, but here the Torah is
referring to someone who brings to a private altar one of those sacrifices
which should be offered only at the national atar at Shiloh.
Times change, and we
change with them. (Lavon 154)
Similarly, Sorotzkin understands the verse in
Deuteronomy 12: 23, ‘Only be strong not to eat the blood’ as referencing blood
libels in addition to the typical explanation of the verse, which refers to
simply not partaking of the lifeblood of an animal. As part of his commentary,
he writes:
A Jew has a
“face-to-face” battle with blood, to the point where, if he finds a speck of
blood in the egg, he throws away the entire egg.
Yet, even though the
gentiles see how Jews are repelled by any sort of blood, they do not hesitate,
nor do they feel the slightest shame, to bring “blood accusations” against us.
This battle, too (an attack from behind) must be fought by us, by convincing
just-minded people among the nations that such accusations are groundless.
It could be that this
kind of ‘blood,’ too, is included in the Torah’s dictum: “Only be strong not to
eat the blood,” and that the Torah is encouraging us to remember that with the
merit of this mitzvah “it will be
well with you and with your children after you” forever, and the gentiles who
spilled your blood will perish. (Lavon 161)
Could there be a more apropos understanding of
the verse in the light of the recent horror that was the Holocaust? When
Sorotzkin looked at this verse, he saw it with eyes that had witnessed the mass
spilling of Jewish blood and therefore sought to find places where God promised
to avenge this loss.
            In
Deuteronomy 13:4, R’ Sorotzkin once again makes use of explanations gleaned
from the times in which he lived. He elucidates the verse ‘Do not hearken to
the words of that prophet or to that dreamer of a dream, for the Lord, your
God, is testing you’ in the following light:
This verse was used by
the community of converts that flourished in the time of the Czars along the
shores of the Caspian Sea, to refute the priests sent by the Russian government
to attempt their return to the Christian fold—Their fathers had been Christians
for centuries, but suddenly they had seized upon the idea of converting to
Judaism, owing to their habit of constantly reading Scripture on the Christian
holidays.—The priests began to tell them all of the signs and wonders that the
man the Christians worship had done, and asked them, ‘Was this not enough to
warrant believing in his prophetic message?” But one of the elders answered
that this man’s prophecy was based upon the Torah of Moses, and there is
written, “If there should stand up in your midst a prophet or a dreamer of a
dream, and he will produce to you a sign or a wonder…Do not hearken to the
words of that prophet…for the Lord, your God, is testing you.” In that case,
what use are the signs and wonders that this man showed, seeing as God Himself
has warned us not to listen to such a prophet no matter what wonders he
performs? (I heard this from the elders of a group of converts when I was in
Tzeritzin, now called Stalingrad, visiting my brother, the Gaon R’ Yoel zt”l who
was the Rav there and afterwards in Stoipce.) (Lavon 167)
Thus, rather than offering an explanation of the
plain meaning of the words, R’ Sorotzkin tells an anecdote that his readers
will appreciate and which will demonstrate the real-life applicability of these
verses. Sorotzkin constantly sprinkles these anecdotes or references to modern
times throughout his commentary. In his understanding of Deuteronomy 13: 7 to
the words ‘Who is like your own soul’ he explains that the person being
referenced here is one’s father. The father was not listed first in the passage
since it was not normal in those times for the father to persuade the son to
become an idolater. However, laments R’ Zalman Sorotzkin, “In that case, what
can we say about some fathers in our times, who hand their sons over to
missionaries? This is a disaster that even the Torah chose not to write out
explicitly, only indirectly” (Lavon 169).
            In
his understanding, comparison with and appeal to modernity, Sorotzkin is able
to make his commentary that much more meaningful and more pertinent to his
audience. For example, when offering his explanation of the verse ‘And you will
be completely joyous’ in Deuteronomy 16:15, he notices that the word ach also appears in another place,
namely the verse ‘Only [ach] Noah
survived’ (Genesis 7:23). In that case, the sages understood this to mean that
‘even he was coughing up blood because of the cold [in the Ark]’ (Lavon 199).
Posits R’ Sorotzkin, “The use of the same word indicates a link between the two
verses. We can learn here that even in times of trouble, when Israel is
‘coughing up blood,’ we are commanded to rejoice in our festival” (Lavon 199).
As someone who knew what trouble meant, having lost the majority of his family
to the Holocaust but still determined to serve and appreciate God with a full
and joyous heart, Sorotzkin’s words are particularly resonant.
            Does
Sorotzkin’s commentary aid in understanding the plain sense of the biblical
text? This changes verse by verse. Sometimes Sorotzkin is citing Midrash or
drawing grand conclusions through comparing various texts. At other times, he
focuses on the literal meaning of the text and the reason for this rendering.
However, on a whole, his commentary is more story-driven and thus filled with
anecdotes, explanations, lessons, derivations and colorful characterization,
than a dry analysis of wording and phraseology. If Sorotzkin is interested in
the literal meaning of the verse, it is generally due to the lesson he wishes
to derive from it.[5]
His Impact
R’ Zalman Sorotzkin’s
stated goal in writing his work was to create a commentary that would be
accessible to all and penetrate the hearts of many different sorts of people.
For this reason, whether he is carefully analyzing a literary tract, making
assumptions about the psychological underpinnings of various characters,
utilizing comparisons to shed light upon particular differences or similarities
between characters or reading the text with fresh, modern eyes, he works these
techniques and insights into his commentary. As an exegete, his commentary is
refreshing due to its being so varied. Rather than adopting one methodological
perspective and consistently following it, Sorotzkin chose to act as a
dilettante, dabbling in many different methods of analysis. In this way, he
pays homage to the many different rabbis and sages who have lived over the
centuries, working their contributions into his own understanding of the text
while simultaneously, at times, differing from them due to his appeal to modern
context.
            When
it comes to the question of what kind of impact Sorotzkin has made upon
subsequent commentary on Deuteronomy or the Jewish exegetical world at large,
it is difficult to answer. On the one hand, there does not seem to be a
well-known definitive or authoritative biography of R’ Zalman Sorotzkin, encyclopedia
entries or other official recognition of him. He is not cited by other
commentators to the text or used as an authoritative arbiter of disputes. On
the other hand, he passed away recently, in 1966. A century hasn’t passed since
his death. There is still time for his impact upon exegesis to grow and his
words to spread. The very fact that his commentary upon the Torah has been
translated into English by Artscroll means that this publishing house has made
it accessible to many different people and thus he can still affect the
understanding that many have of the text. Especially in our modern society,
where Torah learning is institutionalized and often occurs in the classroom as
opposed to on one’s own,[6]
there is hope that slowly but surely, R’ Zalman Sorotzkin’s ideas and
creativity will spread. As his commentary is aimed at the general populace in
addition to scholars, and since it contains all manner of innovative ideas, one
would think its appeal should be more widespread than it currently is.
Unfortunately, as of now his work appears relatively undiscovered. Hopefully,
as time progresses, this will change and the man who set out to document the
novel insights of his son and students, properly use the breadth of knowledge
his rebbe had afforded him, and speak to the times will be recognized as the
forward-thinking and warm individual that he was.
Works Cited
Anonymous. Rabi Zalman
Sorotsḳin : …[le-yom Ha-zikaron Ha-rishon…]
. Yerushalayim : [Merkaz
Ha-ḥinukh Ha-ʻatsmaʼi Be-Erets Yiśraʼel], 1967. Print.
Lavon, Yaakov, Trans. Sorotzkin,
Zalman. Insights in the Torah: Devarim. Vol. 5. Artscroll Mesorah,
1994. Print.
Sefer Bereishis … Min Ḥamishah
ḥumshe Torah : ʻim Targum Onḳelos U-ferush Rashi, Baʻal Ha-Ṭurim, ʻIḳar śifte
ḥakhamim ṿe-Toldot Aharon ; ʻim Perush Oznayim La-Torah / Me-et Zalman B. Ha-g.
Ha-ts. Bentsiyon Sorotsḳin
. Vol. 1. Jerusalem: Mekhon Ha-deʻah ṿeha-dib,
2005. Print.
Sefer Devarim … Min Ḥamishah
ḥumshe Torah : ʻim Targum Onḳelos U-ferush Rashi, Baʻal Ha-Ṭurim, ʻIḳar śifte
ḥakhamim ṿe-Toldot Aharon ; ʻim Perush Oznayim La-Torah / Me-et Zalman B. Ha-g.
Ha-ts. Bentsiyon Sorotsḳin
. Vol. 5. Jerusalem: Mekhon Ha-deʻah ṿeha-dib,
2005. Print.
Sofer, D. “Rav Zalman Sorotzkin
ZT”L: One of Chareidi Jewry’s Main Helmsmen.” Yated Neeman [Monsey]. Tzemach
Dovid
. Web. 4 May 2010. .
[1] At this point, R’
Zalman Sorotzkin became good friends with the Chazon Ish. He noted that his
wife “rented an apartment with three rooms” (Sofer) and the Chazon Ish rented
one of the rooms from her. 
[2] Rabbi Sorotzkin felt
that there should be no discrimination between priests and rabbis; both of them
were clergymen and members of the faith. Thus, when asked by a war minister as
to how he could countenance trying to allow healthy young men to evade their
lawful obligation to serve in the army, he explained that it was only logical
to expect fair and equal treatment. (Sofer)
[3] In The World that Was America 1900-1945 – Transmitting the Torah Legacy to
America
by Rabbi A. Leib Scheinbaum, the situation is explained as follows:
Hatzalas
Nefashos Supersedes Shabbos
The roshei
yeshiva
who had escaped to Vilna cabled Rabbi Shlomo Heiman. They informed
him of the dire need to immediately raise $50,000, to help the rebbeim and
talmidim from the various yeshivas escape imminent death at the hands of the
Russians, if the visas and the permits for the trans-Siberian trip from Vilna
to Vladivostok could not be purchased. Many gedolim,
including Rabbi Aharon Kotler, had escaped to the Vilna area. At this time
their lives were endangered. Despite months of work on an escape plan, the Vaad
was unsuccessful. Now it aappeared that there was a viable solution. All that
was necessary was the cash.
The gedolim in America- Rabbi Moshe Feinstein,
Rabbi Shlomo Heiman and Rabbi Shraga Feivel Mendlowitz- considered this a
matter of pikuach nefesh (a life and
death situation), and as such it superseded even Shabbos. Consequently, on a
Shabbos in November 1940, Rabbi Sender Linchner, Rabbi Boruch Kaplan and Irving
Bunim traveled by taxi throughout the Flatbush section of Brooklyn raising
money, because time was of the essence. With the help of the Almighty, they
were successful in raising $45,000 and the Joint released the money- adding the
$5000 deficit- to Vilna. Miraculously the rebbeim and talmidim were rescued!
Among the rescued gedolim were the Amshenover
Rebbe, Rabbi Shimon Sholom Kalish, Rabbi Zalman Sorotzkin, the Lutsker Rav,
Rabbi Eliezer Yehuda Finkel, Rosh HaYeshiva of the Mirrer Yeshiva and the son of
the famed Rabbi Nosson Tzvi Finkel (the Alter of Slobodka) who went to
Palestine; the Modzitzer Rebbe; Rabbi Reuven Grozovsky, the Kaminetzer Rosh
Yeshiva; Rabbi Avraham Jofen, the Novardoker Rosh Yeshiva who came to the
United States; and Rabbi Yechezkel Levenstein, mashgiach of the Mirrer Yeshiva
who went to Shanghai. (82)

[4] In an amusing exchange,
the minister of education once spoke to R’ Sorotzkin and inquired, “Why do you
have to split off the government network? Why should it bother you if we
supervise your curriculum?”
R’ Sorotzkin responded, “Would you ever
expect a person like me to supervise your secular schools? Can a person
supervise something that he virulently opposes?” (Sofer)
[5] For example, when
Sorotzkin comments to Deuteronomy 22:7 ‘So that it will be good for you and
will prolong your days’ he focuses upon the fact that longevity is promised
both by the commandment of sending away the mother bird and also by honoring
one’s parents. He questions why this is so (seeking to understand the plain
sense of the verse) and explains:
It is because the two
are related. The mother bird must be sent away free, because rather than escape
and save herself when her nest is approached by humans, she risks her life out
of love for her young. The Torah, therefore, forbids us to seize her and
thereby exploit her meritorious behavior. (It is permissible to catch her the
normal way, with a snare [Chullin 141b]). The two commandments, then, have a
common element of respect for one’s parents who are even willing to endanger
themselves to raise their children and preserve the species. Honoring one’s
parents may seem to us the gravest of obligations, and shiluach hakein the slightest, but that is only because of our
superficial view of things. In fact, deeper reflection can show us that shiluach hakein is actually a graver
matter than honoring one’s parents.
Consider, one who honors
his parents “repays” them, albeit minimally, for all they do for him until he reaches
maturity and independence. However, if the same person should happen to find a
bird’s nest, he may not take the mother, even if she actually belongs to him
and fled from his hatchery, and even if she is nesting on his property.
Although this bird has never benefited him in the least he is forbidden to take
her simply because she is a mother who is raising her children. He personally
gains nothing from her devoted child-rearing, yet must still restrain himself.
He will surely find this difficult, though no such difficulty exists with
honoring his parents. Therefore this mitzvah
shares the same reward with honoring parents. (Lavon 264)
Thus Sorotzkin is uninterested in looking
at the plain sense of the verse for its
own sake
but is interested in noting it/ focusing on particular phrasing in
terms of the lessons that can be learned from the text.
[6] Indeed, I learned of R’
Zalman Sorotzkin’s writings in the context of the classroom, as did a friend of
mine who has also studied his works. I learned about Aznayim L’Torah from Rebbetzin Sarah Greer, who utilized it when
teaching her classes at Stern College for Women. My friend heard about it via
the Rosh Yeshiva at his yeshiva in Israel, or as he put it, “I had a rebbe in
Shana Bet who I used to learn Parsha with- and he always quoted him.” 



An Incident of “Pilegesh B’Givah” in 19th Century Germany

AN INCIDENT OF “PILEGESH B’GIVAH” IN 19TH CENTURY GERMANY
by Eli Genauer
I recently purchased an antique Hebrew book for less than the price of a dinner at a moderately priced restaurant. This particular edition is what some would call a “common” — meaning it is the 36th edition (the fourth edition of a revised version) of this book and it was printed in the mid-19th century. Generally, the market does not assign a high price for books like these, but they can be a treasure trove of knowledge and information.
The work is Tikkun Shlomo and is primarily focused on the Shabbos liturgy.  I reproduced the title page:
Many will no doubt recognize the name of the compiler, Shlomo Zalman London (1661-1748) who wrote the book “קהלת שלמה”and that it was reprinted thirty times in the next 200 years.  
Tikkun Shlomo was first published in Amsterdam by Dr. Naftali Hertz HaLevi in 1733.  Dr. Levi published many a storied book, including the first edition of Mesilat Yesharim and the edition of the Shu”t HaTashbetz that is alleged (erroneously) to have been cosigned to flames.  According to Friedberg, when Dr. Levi published the Tikun Shlomo, not much else was being published in Amsterdam due to the effect of the Thirty-Year War.[1]  The Tikkun Shlomo was very popular, going through almost 40 editions by the late 19th century. Heidenheim expanded this work in 1835, and the edition I purchased was the fourth Heidenheim edition (two of the three were published in Roedelheim and the other in Lemberg).  
Things get off to a wonderful start in this book with the Hakdamah which is indicated to come from the third edition. In it, the unnamed editor pays tribute to his mentor Wolf Heidenheim Z”L and maintains that he has followed in his footsteps in all matters because “anyone who follows him will not err”. The editor only refers to himself at the end of the Hakdamah as “HaTzair”, but he leaves us an unmistakable hint as to his identity. Before we get to that, let us see what else he includes in this “Hakdamah”
ויהי מימים,ויקם עוד בּישׂראל פּורץ גדר,וישׁחת דברים נעימים, ויוסף עוד להרוס חומת שׂפת עבר ולדבּר תועה אשר לא כּדת. כּי פּרץ מצפון בא בא, ותפתח הרעה, וידפיס אישׁ אחד את המחזורים ב׳האננאפער׳, ויעבור חק, ויהפוך וישׁנה מדעתו את דברי התפילות ופיוטים, ויעקש ויעקל מאוד כמעט בכל דף ודף, ותהי זמירת ישׂראל בידו מעין משחת ומקור נרפשׁ, אשה יפה וסרת טעם, כּי שנה את טעמה ויתעמר בה וימכרה בּכּסף, וכן לא יעשׂה.
He takes great offense to a certain Machzor printed by “one man”. The Machzor to which he referring to is known as “Ordnung der Oeffentlichen Andacht für die Sabbath und Festtage des Ganzen Jahres, nach dem Gebrauche des Neuen Tempel-Vereins”, otherwise known as “Seder ha-‘Abodah, Minhag Ḳehal Bayit Ḥadash” printed in Hamburg (not Hanover) in 1819. Two editors are listed:  Seckel Isaac Fraenkel and Meyer Israel Bresslau. It was the new prayer book of the Hamburg Reform Temple dedicated in 1818.  To paraphrase what he writes about this effort: “ a great evil has descended from the north, one that has been perpetrated by a man who published Machzorim in the city of Hanover ( Hamburg ). In his hands, the prayers, which are like a beautiful  woman , are now left with no personality. His purpose was to destroy the Hebrew language, the prayers as we know them, and Judaism itself.”



He continues by writing that he has authored a work Zichron Livnei Yisroel ( Altona 1819) in which he lays out his war against these Machzorim.[2] The title incorporates this explanation:
זה ימים יצא בדפוס קונטרס מיוחד לתפילת ערבית ושחרית לשבת, ומעתיקי תפלה הזאת עברו גבול אשר גבלו הראשונים, גרעו והוסיפו כחפץ לבבם … חלילה … לשנות מסדר תפלתינו / … דברי … עקיבא בר”א ברעסלויא, ראב”ד פה ק”ק אלטונא
This was Rabbi Akiva Wertheimer (1778-1835), the Rav of Altona, Germany, today part of the city of Hamburg. He wrote “Zichron Livnei Yisroel” and was the editor of our edition of “Tikun Shlomo”. His opposition to the new Reform prayer service is noted in a book called “Shnos Dor V’Dor” printed in Jerusalem by Artscroll/Mesorah in 2004. It records the following that occurred in 1819 which coincides with the printing of his book “Zichron Livnei Yisroel”:
בשנת תקע״ט, עוד קודם להתמנורנו, בקום המחדשים ״אנשי ההיכל״
הרפורמי דהמבורג לשנות את סדרי התפילה היה הוא הראשון אשר יצא כנגדם והזהיר את כל הקהילות סביבות אלטונא מפניהם.
Continuing in the Hakdamah to Tikun Shlomo, we find that Rav Wertheimer has launched a campaign against the reformers by adding that he has sent this out broadside everywhere to warn others of this assault on tradition. He does this brilliantly by paraphrasing a Pasuk in Tanach ( Shoftim 20:6) which deals with the tragic story of “Pilegesh B’Givah” an incident which almost tore the Jewish people apart.
The Pasuk reads:  וָאֹחֵז בְּפִילַגְשִׁי, וָאֲנַתְּחֶהָ, וָאֲשַׁלְּחֶהָ, בְּכָל-שְׂדֵה נַחֲלַת יִשְׂרָאֵל:  כִּי עָשׂוּ זִמָּה וּנְבָלָה, בְּיִשְׂרָאֵל.
His paraphrase reads:
ואוחז בפּילגשׁו ואנתחה ואשׁלחה בכל גבול ישׂראל, למען יראו זקני עם וקציניו, והסירו גם את המכשלה הזאת מקרבּם
The full text of the broadside was published in Dukes, AW”H leMoshav, Cracow: 1903, 104-05.  Additionally, the National Library of Israel has a copy (perhaps that of Israel Mehlman, see his catalog Ginzei Yisrael, no. 1743).  The broadside is signed, Akiva br”a Bresslau without additional identifiers, i.e. the son of Avigdor Wertheimer.  As Dukes notes, Graetz mistakenly attributed this work to a different Akiva, Akiva Eiger.  But he was not the only one to publish against the Hamburg Temple and its prayer book in Altona that year.  The work, Eleh Divrei ha-Brit, was also published in Altona in 1819 and it contains, among others, the position of the Hatam Sofer.  
The battle was waged by both sides, and Meyer Israel Bresslau, one of the editors of the Hamburg prayer book, that same year responded with Herev Nokmat (available online here).  The other editor, Fraenkel, in the prayerbook includes a defense of the changes[3].  
As with many editors of Siddurim, Rav Wertheimer extols the exactness of his edition, claiming that he has fixed many of the errors that have crept into previous Siddurim. Specifically, he addresses the text of Mishnayos Shabbos which appeared in many Siddurim and which he has carefully edited especially when it comes to the “Nekudos”.
He continues and states that when it comes to words of foreign origin, such as in Greek, Latin or Arabic, he has also made sure that the “Nekudos” are correct reflecting the proper pronunciation in those languages.
Unfortunately this is not a simple task and this example will illustrate the difficulty in doing so.
The laws of what a woman may or may not carry outside on Shabbos are discussed in Shabbos 6:3. Among the items prohibited is something called a “Tzlochis Shel Palyiton”, a flask of “Palyiton.” Jastrow defines this word as “an ointment or oil prepared from the leaves of spikenard”. He adds that its origin is the Latin word “foliatum”. The Latin Lexicon website spells this word foliātum and gives the exact same definition. So how should this Latin word be spelled in Hebrew?
Rav Wertheimer indicates that it should be pronounced something like “Folia’tone”which is pretty close to the Latin word except for there being an “n” sound at the end of the word instead of the “m” sound.
I have a Mishnayos printed in Pisa during the same time period (1797) which makes it look more like “Pal’yi’tone”:
Two very old manuscripts of the Mishneh shed some light on how the word was originally spelled. One of the most famous is known as Codex Kaufmann ( MS Kaufmann A 50) which was written in 10th or 11th century Palestine. There we find the word looking more like “Pil’Ya’Tome”, with an “m” sound at the end:
The Parma manuscript referred to as MS Parma, De Rossi 138 written in 1073 has it the same as Kaufmann.
In recently printed Mishnayos such as from Feldheim, Artscroll, Steinsaltz, and Blackman, the word is spelled “פלייטון” with either a Patach ,Chirik, or “Shva”  under the “Peh”, or “פולייטון”, which looks more like Rav Wertheiner’s rendering.
One thing is clear- it is sometimes very difficult to write a foreign word with Hebrew letters and vowels, and it is also difficult to ascertain which version is “correct”.
Another wonderful aspect to the book that I bought was learning about the man whose name is embossed on the front cover. He is listed as יוסף אשר בן כ״ה (כבוד הרב) משה פאלאק   
We know a bit about Yosef Asher Pollock from some of the other books and manuscripts he owned. The following two citations are from the online catalogue of the Israel National Library:
1. A manuscript written in the 19th century by Chaim ben Yaakov Abolofia.
תקנות קהלת איזמיר. ‬
Los Angeles – University of California 960 bx. 1.9
ותו הספר: “מספרי יוסף אשר פאלאק ז”ל” משנת תרפ”ה. ‬
From this record we know that he had passed away before 1925 and that the manuscript is now in Los Angeles.



2. A manuscript written in the 18th century
(ספר הכונות (חלק שבת ומועדים. 
Amsterdam – Universiteitsbibliotheek MS Rosenthal 567
בראשו תו ספר של הבעלים “יוסף אשר פאלאק
This rare manuscript has been scanned and is available online. The first page looks like this:
From this one we also learn quite a bit more about Yosef Asher Pollock because it contains this bookplate on the inside front cover

We surmise from here that this was not the only book he had that was donated, as someone went to a lot of trouble composing and printing such a heartfelt donation plate. (“ Yosef is not here, nor is Shimon”) The year the bookplate was printed was 5693(1933). There is also a stern warning that since this is a gift, it may never be sold by the recipient.   

The history of the Bibliotheca Rosenthaliana in Amsterdam is also interesting, especially how the collection of Judaica survived the Nazi occupation. The library’s website notes the following:
“The Germans closed the Bibliotheca Rosenthaliana in the summer of 1941 and transported part of the collection to Germany, where it was earmarked for Rosenberg’s ‘Institut zur Erforschung der Judenfrage’.
Happily, these plans were thwarted with the German capitulation. Most of the boxes of books were in storage in Hungen, near Frankfurt am Main, where they were found and shipped back to Amsterdam. But the curator and his assistant together with their families had also been deported-for them there was no return”
Finally, it seems clear to me that my book was also a gift never to be sold. I surmise this from the fact that the name of Yosef Asher Pollack is beautifully embossed on the front cover of the Siddur, making it unnecessary to have an ownership bookplate inside the Siddur.
Nevertheless, on the inside front cover there is a rectangular remnant of a bookplate which has been torn off.  
Coincidentally, its size exactly matches the bookplate of the manuscript donated to the Bibliotheca Rosenthaliana, which contained the admonition of not selling the book. Tearing off this “warning label” enabled the book to be sold, something that most likely happened over time to many books that were donated to libraries.
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[1] Friedberg, History of Hebrew Typography, Antwerp: 1937, 49.  Although Dr. Levi’s production may have slowed, the bases for Freidberg’s assertion that Amsterdam publishing was affected by the Thrity-Year War is uncertain.  During the 18th century, production of Hebrew books in Amsterdam ranges from 82 to a high of 246 per decade.  The 1730s, the period that Tikkun Shlomo was published, is in the mid-range of those two extremes, with 145 books published between  1730-39.
[2] This work is a single sheet broadside and begins with Moda’ah raba . . . Zikhron Le-veni Yisrael.  
[3] For a summary of his arguments, see Petuchowski, Prayerbook Reform in Europe, New York, NY: 1968, 53-54.