Apostomos Now: Contemporary Conjectures on a Classic Conundrum

Apostomos Now: Contemporary Conjectures on a Classic Conundrum

Aton M. Holzer
Aton.holzer@gmail.com
ORCID ID: 0000-0001-9852-3958
28 Binyamin, Beit Shemesh, Israel 9952200

The Mishnah in Ta’anit (4:6) puts forth a series of lists of five calamities that befell the Jews on each of two major fast days, the seventeenth of Tammuz and the ninth of Av, beginning in the days of Moses in the Wilderness and culminating after Bar Kochba:

חמשה דברים ארעו את אבותינו בשבעה-עשר בתמוז (וב) וחמשה בתשעה באב. בשבעה-עשר בתמוז נשתברו הלוחות ובטל התמיד והובקעה העיר ושרף אפיסטמוס את התורה והעמיד צלם בהיכל. בתשעה באב נגזר על אבותינו שלא יכנסו לארץ וחרב (את) הבית בראשונה ובשנייה [ו]נילכדה בית-תר ונחרשה העיר

Five matters occurred to our forefathers on the seventeenth of Tammuz, and five on the Ninth of Av. On the seventeenth of Tammuz the tablets were broken; the daily offering was nullified; the city was breached; Apistemos[1] burned a Torah scroll; and placed a statue in the hall (heikhal). On the Ninth of Av it was decreed upon our ancestors that they would not enter the Land; and the Temple was destroyed the first time, and the second time; and Beitar was captured; and the city was plowed.[2]

There is little mystery surrounding the five events of the ninth of Av; all of the events – the decree of the death of the generation after the return of the spies in Numbers 14, the destructions of the First and Second temples, the defeat of Bar Kochba at Beitar and the plowing of the city limits by Tineius Rufus in the founding of Aelia are well-documented events, even if some did not precisely occur on the ninth of the month.[3] All share a theme: the final stage of catastrophe, the coup de grâce to a generation’s hopes.

In contrast, the list for the seventeenth of Tammuz is shrouded in mystery.

1. While the date of Moses’ descent from Sinai with the Law (Exodus 32) is not given in Scripture, the Rabbinic calculation assigning it to the seventeenth of Tammuz, forty days after revelation on the seventh of Sivan – itself extrapolated from the text – is straightforward enough. Still, it is somewhat curious that the Mishnah selects the breaking of the Tablets, rather than the other dire events of that day – the crime of the creation of the Golden Calf, its immediate punishment in the execution of three thousand of its Israelite worshippers, or the removal of the peoples’ mysterious ‘adornments’ from Horeb, for example.

The nullification of the daily offering is mentioned in Josephus:
2. Titus now ordered the troops with him to raze Antonia to its foundations and create an easy way up for the whole of his army, while he himself brought Josephus into service. He had learnt that on this day — it was the seventeenth of Panemus (Tammuz)  — the so-called ‘continual sacrifice’ had ceased to be offered to God for lack of officiants, and that this was causing great distress to the people. (The Jewish War 6:93-94).

At first glance, this seems clearly the referent of the Mishnah. However, examination of evidence internal to Rabbinic sources – the Talmuds, early Rabbinic treatments of Daniel 12:11 and medieval commentators on both – yield five possible occasions for the cancellation of the tamid, beginning from the reign of Manasseh and spread over the subsequent seven centuries.[4] To be sure, the events surrounding the Second Temple’s destruction do constitute the fifth possibility, but that is a minor view, resting primarily on the evidence of yBerakhot 4:1 and yTa’anit 4:5. Vered Noam (pace Tal Ilan)[5] reads the Talmudic passages carefully and against Josephus and argues that those Yerushalmi sources are derivative from the parallel narrative in Bavli, which clearly reference an earlier period, and was only secondarily adapted to the context of the destruction of the Second Temple. The Bavli passage (bSotah 49b, bBava Kamma 82b, bMenahot 64b) reads:

The Sages taught: When the kings of the Hasmonean monarchy besieged each other, Hyrcanus was outside, and Aristobulus was inside. On each and every day they would lower dinars in a box, and [they] would send up daily offerings. A certain Elder was there who was familiar with Greek wisdom. He communicated to [them] by Greek wisdom. He said to them: As long as they are engaged in the service, they will not be delivered into your hands. On the following day, they lowered dinars in a box and they sent up a pig to them. Once it reached halfway up the wall, it inserted its hooves [and] Eretz Yisrael shuddered four hundred parasangs. They said at that time: Cursed is the person who raises pigs, and cursed is the person who teaches his son Greek wisdom. And with regard to that year, we learned: An incident in which the omer came from Gaggot Tzerifim, and the two loaves from the valley of Ein Sokher.

For this source, which appears thrice in Bavli, the dramatic event of cancellation of the tamid-offering is firmly linked with the waning days of Hasmonean rule. The placement of the event as second in the Mishnah’s list supports the contention that the identified event preceded those associated with the Great Revolt.

3. The linkage of the ‘breach of the city’ to the seventeenth of Tammuz is more problematic. With regard to the first commonwealth, Jeremiah (39:2) dates the breach of the walls of Jerusalem during the Babylonian conquest to the ninth of Tammuz. With regard to the second, Josephus describes various stages of conquest of the various walls of Jerusalem during the Roman siege under Titus, beginning with the seventh of Artemisius/Iyyar (War 5:302) and culminating near the end of Tammuz, with none actually occurring on the seventeenth of Tammuz.[6]

4. Rabbinic sources never elaborate upon details of the reported incident of the burning of ha-torah, ‘the Torah,’ by the mysterious Apistemos, who appears in Talmud manuscripts as Apostomos or occasionally Postomos (?posthumous). Yerushalmi (Ta’anit 4:5) attempts to clarify its whereabouts:

“Apostomos burned the Torah.” Where did he burn it? Rebbi Aḥa said, at the ford of Lydda. But the rabbis are saying, at the ford of Tarlosa.

In non-Rabbinic sources, the burning of Torah scrolls is recorded as early as the reign of Antiochus IV Epiphanes; in 1 Maccabees, it is a widespread phenomenon.

On the fifteenth day of Kislev in the 145th year he built an abomination of desolation on the altar, and they built pagan altars in the cities of Judah roundabout and offered up sacrifices at the doors of their houses and in the streets. They tore up and burnt the books of the Law that they found, and wherever they found someone with a book of the covenant, or if anyone insisted upon (observing) the Law, the royal judgment killed him. (1:54-57)

Josephus records the burning of a Torah during the procuratorship of Ventidius Cumanus (48-52 CE):

…This disaster was followed by another disturbance, this time caused by bandits. On the road up to Beth-horon an imperial servant called Stephen was set upon by bandits and robbed of the baggage he was carrying. Cumanus sent troops out round the neighbouring villages to arrest the inhabitants and bring them in to him, to be charged with failure to pursue and capture the robbers. In the course of this, a soldier found in one of the villages a copy of the book of sacred law, which he tore in pieces and threw into the fire. The Jews reacted with horror, as if it were their whole country which had gone up in flames. As soon as the word went out, religious fervour drew them together like a magnet, and they converged in a mass on Caesarea, insistent that Cumanus should not let this insult to their God and their law go unpunished. He could see that the crowd would not stop agitating until they received satisfaction, and thought it best to produce the offending soldier and order him to be led through the ranks of the complainants on his way to execution. (War 2.228-231)

The ancient city of Beth Horon (today Beit Ur al-Fauqa and Beit Ur al-Tahta) is about twenty-six kilometers east of Lod (Lydda), and the ‘road up to Beth Horon’ generally refers to the road running north from Jerusalem, not east from Lydda – so the if the referent of the Jerusalem Talmud is historical, the ‘ford’ (or straits, or passages) of Lydda (or of the mysterious ‘Tarlosa’[7]) is not a good match for this incident.

Rabbinic literature omits all of these, but records several other events at which a Torah scroll was burned; none involve a villain named Apostomos. In a list of sins committed by the Judean kings deemed wicked, some manuscripts of bSanhedrin 103b include:

Amon burned the Torah and sacrificed a gecko upon the altar.

A passage in bYevamot 16b describes:

And Rabbi Shmuel bar Naḥmani said Rabbi Yonatan said: What is which is written: “The adversary has spread out his hand upon all her treasures (Lamentations 1:10)? This is Ammon and Moab. When the gentiles entered the Sanctuary, all turned to the silver and the gold, and they turned to the scrolls of Torah. They said: this in which it is written: “An Ammonite and a Moabite shall not enter into the assembly of the Lord” (Deuteronomy 23:4)? Let it be burnt by fire.

“When the gentiles entered the sanctuary” can refer to any of at least four events: the Babylonian conquest in 586 BCE, the defilement of the sanctuary by Antiochus in 156 BCE, its destruction by Titus’s legions in 70 CE, or, the incursion of Pompey in 63 BCE:

the disappearance of a golden vine from the Temple when ‘the gentiles entered the sanctum’ (bYoma 21b, 39b) parallels Josephus’s report (Ant. 14.34-36) of Aristobulus’s gift of this particular Temple adornment to Pompey, right around the time that this gentile and his men indeed entered the sanctum.[8]

Other events recorded in Talmud and Midrash include the martyrdom of R. Hanina ben Teradyon, burned alive while wrapped in a Torah scroll, recorded in bAvodah Zarah 18a; and yTa’anit 4:5 records R. Simeon b. Gamaliel reporting precisely the same fate for the children in five hundred schools in the city of Betar, subsequent to its conquest under Hadrian.

Traditional commentators struggle to identify Apostomos – Antiochus? Hadrian? Some unknown Greek soldier? – and why the destruction of a Torah scroll – lamentable as it may be, but something rather common throughout Jewish history, even in Second Temple and Rabbinic sources, as we have seen – would rank among five reasons to establish a fast for all generations. Tif’eret Yisrael fixates upon the hey ha-yedi’a, the definite article, and suggest that the Torah scroll was a special one — the Torah of Ezra, which he suggests, based on Tractate Soferim 6:4, was in the sanctuary and served as the urtext for further copies; or else that Apostomos destroyed many Torahs, in an effort to eradicate Torah from the Jewish people. The 19th-century commentary Divrei Yirmiyahu (R. Jeremiah Löw) on Rambam (Hilkhot Ta’anit chap. 5) avers that the referent is the Torah of Moses, or Ezra. Imrei Da’at on the Mishnah (R. Nathan Lieberman) argues that regarding the Torah of Moses, this is impossible, as bSotah 9b writes of Moses and David that their enemies never exerted power over their handiwork.

5. The most prominent narrative in both Rabbinic sources and Josephus regarding the placing of an idol in the sanctuary refer to an event that almost did, but ultimately did not, occur: the emplacement of statues of the emperor in the Temple by Gaius Caligula, against the strenuous protest of the Jews – which was not implemented before his assassination. (War 2.184-203, Antiquities 18.256-309; Megillat Ta’anit 22 Shevat with Scholia, tSotah 13:6, et al.)

Given the violent reaction of the people to this initiative, and the record of the celebration of its thwarting with a holiday, it is unlikely that the actual emplacement of a statue in the Temple would be forgotten and thus absent from the historical record.[9] It thus remains to identify the incident with those actually documented to have installed an idol in the sanctuary precincts – the Judahite King Manasseh (II Kings 21:7), Antiochus Epiphanes (1 Maccabees 1:34), and probably Hadrian.[10] Complicating this is that some texts link this event to Apostomos (ve-he’emid, and he emplaced, rather than ve-hu’amad, and there was placed), including the best early Mishnah manuscript – MS Kaufmann A50 – which would necessarily restrict the identity of Apostomos to one of those three personalities. But Rabbinic literature elsewhere refers to each of those three by their proper names! And Antiochus, who appears rarely in early Rabbinic literature, in any case had a different Greek nickname — ἐπιμανής, epimanus, “the madman.”

Pompey and Circumstances

An innovative approach[11] was suggested some fifty years ago in an obscure Hebrew journal by Eliyahu Katz (1916-2004), a Rabbinic judge, poet and polymath who served as Chief Rabbi of pre-war Nitra, postwar Bratislava and from 1968 forward, Beersheba – but it received little attention, and suffers from some problems.

His theory focuses upon the incursion of Pompey into the Temple, mentioned earlier in brief. In greater detail: in 63 BCE, the armies under the command of Gnaeus Pompeius Magnus – Pompey the Great, finished his Senate-authorized task of pacifying belligerent Asia minor and Syria, and swung south and handily (and completely illegally) consumed civil war-torn Judea, killing thousands, abrogating the Roman Republic’s alliance with Hasmonean Judea. Josephus describes the events in his Jewish War and Antiquities of the Jews; in the latter, which relies mostly on pro-Roman sources1[12] (and in this passage, particularly the Pontic Greek geographer Strabo of Cappadocia[13]), he writes: (Ant. 14.4.3-5, Marcus translation)

And indeed when the city was taken, in the third month, on the Fast Day, in the hundred and seventy-ninth Olympiad, in the consulship of Gaius Antonius and Marcus Tullius Cicero, and the enemy rushed in and were slaughtering the Jews in the temple, those who were busied with the sacrifices none the less continued to perform the sacred ceremonies; nor were they compelled, either by fear for their lives or by the great number of those already slain, to run away, but thought it better to endure whatever they might have to suffer there beside the altars than to neglect any of the ordinances. And that this is not merely a story to set forth the praises of a fictitious piety, but the truth, is attested by all those who have narrated the exploits of Pompey, among them Strabo and Nicolas [of Damascus] and, in addition, Titus Livius, the author of a History of Rome.

Now when the siege-engine was brought up, the largest of the towers was shaken and fell, making a breach through which the enemy poured in; first among them was Cornelius Faustus, the son of Sulla, who with his soldiers mounted the wall, and after him the centurion Furius, with those who followed him, on the other side, and between them Fabius, another centurion, with a strong and compact body of men. And there was slaughter everywhere. For some of the Jews were slain by the Romans, and others by their fellows; and there were some who hurled themselves down the precipices, and setting fire to their houses, burned themselves within them, for they could not bear to accept their fate. And so of the Jews there fell some twelve thousand, but of the Romans only a very few. One of those taken captive was Absalom, the uncle and at the same time father-in-law of Aristobulus. And not light was the sin committed against the sanctuary, which before that time had never been entered or seen. For Pompey and not a few of his men went into it and saw what it was unlawful for any but the high priests to see. But though the golden table was there and the sacred lampstand and the libation vessels and a great quantity of spices, and beside these, in the treasury, the sacred moneys amounting to two thousand talents, he touched none of these because of piety, and in this respect also he acted in a manner worthy of his virtuous character. And on the morrow he instructed the temple servants to cleanse the temple and to offer the customary sacrifice to God, and he restored the high priesthood to Hyrcanus because in various ways he had been useful to him and particularly because he had prevented the Jews throughout the country from fighting on Aristobulus’ side; and those responsible for the war he executed by beheading. He also bestowed on Faustus and the others who had mounted the wall with alacrity fitting rewards for their bravery. And he made Jerusalem tributary to the Romans, and took from its inhabitants the cities of Coele-Syria which they had formerly subdued, and placed them under his own governor; and the entire nation, which before had raised itself so high, he confined within its own borders. He also rebuilt Gadara, which had been demolished a little while before, to please Demetrius the Gadarene, his freedman; and the other cities, Hippus, Scythopolis, Pella, Dium, Samaria, as well as Marisa, Azotus, Jamneia and Arethusa, he restored to their own inhabitants. And not only these cities in the interior, in addition to those that had been demolished, but also the coast cities of Gaza, Joppa, Dora and Straton’s Tower—this last city, which Herod refounded magnificently and adorned with harbours and temples, was later renamed Caesarea – all these Pompey set free and annexed them to the province.

For this misfortune which befell Jerusalem Hyrcanus and Aristobulus were responsible, because of their dissension, for we lost our freedom and became subject to the Romans, and the territory which we had gained by our arms and taken from the Syrians we were compelled to give back to them, and in addition the Romans exacted of us in a short space of time more than ten thousand talents and the royal power which had formerly been bestowed on those who were high priests by birth became the privilege of commoners.

Rabbi Katz identifies Apostomos with Pompey, on the basis of his replacement of Jewish law with Roman law after his conquest of Jerusalem, thus ‘burning the Torah’, figuratively speaking – and renders Apostomos as efes (Hebrew for null) tomus (Latin for book). He argues that Josephus’ “in the third month, on the Fast Day” refers the fast of the seventeenth of Tammuz. Tammuz is the fourth Jewish month – but he suggests that Josephus’ use of an ancient Judean numeral for ‘four,’ in boustrophedon, was mistaken for a Greek gamma. Josephus records Herod’s conquest of Jerusalem as occurring on the same day as Pompey’s (Ant. 14:16:4), and so Herod’s erection of a golden eagle on the great gate of the Temple (War 1:648–655, Ant. 17:6:2) can also be linked to the seventeenth of Tammuz.

The theory is supported by Sefer Yosippon, a tenth-century Hebrew Italian-Jewish history of the second Temple period that draws upon Josephus, the books of Maccabees, Midrash and Christian and Latin sources; in chapter 36 and 43, which treat Pompey’s and Herod’s siege, respectively, the dates of conquest of the Temple are given as the seventeenth of the fourth month – i.e., the seventeenth of Tammuz.

However, there are difficulties with this theory. For one thing, internal and external evidence points to the probability that the ‘third month’ properly refers to the third month of the siege, and that ‘the fast’ to which Josephus refers in the contexts of both Pompey and Herod is Yom Kippur.[14] In any case, observance of the fast of the seventeenth of Tammuz seems to have crystallized during the second century CE, well after the events and most likely the historian reporting them.[15] While Katz’s interpretation of a ‘figurative’ destruction of the Torah scroll seems a bit forced, it is not impossible to see in Yevamot 16b a reflection of the destruction of an actual scroll by Pompey’s men. But recent work suggests that the report of Herod’s installation of a golden eagle in the Temple is legendary.[16]

But perhaps Rabbi Katz was on to something.

  • If Pompey’s invasion of the Temple took place on Yom Kippur, in the third month of the siege, that would place the beginning of Pompey’s siege – which involved the ‘breach of the city’ from its very outset, by Hyrcanus’ men admitting Pompey’s forces into the city (War 1.143) – squarely in the latter part of the month of Tammuz. In that case, huvke’ah ha-ir refers not to the events of 586 BCE or 70 CE, but the initial incursion of Pompey’s army in Tammuz, maybe even 17 Tammuz, 63 BCE.
  • As far as butal ha-tamid: as seen above, Josephus takes pains to indicate that at no time during Pompey’s siege and even invasion was any part of the Temple service interrupted – but in the Rabbinic account, interruption of the tamid did indeed occur around the same time as Pompey’s arrival with Hyrcanus’s (or Pompey’s?) betrayal of the besieged Temple by supplying a pig for the tamid sacrifice.[17]
  • Admittedly, Heikhal in the Mishnah always refers to the sanctum of the Temple. But this is likely simply accidental; Heikhal properly refers to a kingly hall (cf. II Kings 20:18, Isaiah 39:7, Ezra 5:14, Psalms 45:9, 16, Proverbs 30:28, Daniel 1:4, II Chronicles 36:7), but the Mishnah has no interest in royal palaces. Pompey had built a world-famous Heikhal: the theater-temple complex constructed during his second consulship. The first permanent theater in Rome, Pompey’s theater was an imposing complex in which the Senate would sometimes meet, and where Caesar was assassinated. This hall, much like the heikhal melekh Bavel referenced in some of the aforementioned Biblical citations, included gardens, objects collected during Pompey’s campaigns, and fourteen statues commissioned of sculptor Coponius representing the populations (nationes) that Pompey had subdued;[18] these almost certainly included a statue representing Judea.[19] As such, the ‘emplacement of a statue in the hall’ may refer to Pompey’s concretization of the conquest of Judea.

Josephus has numerous Greek nicknames for various characters, particularly in his autobiography;[20] this is of a piece with his Greco-Roman milieu, in which proper names and surnames were often subjected to wordplay, and indeed Caesar himself puns on Pompey’s cognomen, magnus, in his writings.[21] Of Pompey’s conquest, Josephus writes in Against Apion,

One should also be particularly amazed at the great intelligence in what Apion goes on to say. For he says that it is evidence of the fact that we do not employ just laws or worship God as we should that [we do not govern,] but are subservient to other nations, one after another, and that we have experienced some misfortunes affecting our city… while we, being free, used to rule in addition over the surrounding cities for about 120 years up till the time of Pompey the Great; and when all the monarchs, on all sides, were hostile to the Romans, ours alone, because of their loyalty, were maintained as allies and friends. (2.11.125-134).[22]

One may detect here a complaint: Judea was unfailingly, singularly, loyal to Rome, and yet it took her freedom.

Pompeius, when encountered in a late Hellenistic milieu – where Semitic languages and Greek were spoken in equal measure – evokes the Aramaic ܦܘܼܡܵܐ (puma) and Hebrew פה, both words for mouth. Heinrich Ewald suggested that Apostomos be parsed αἰπύς στόμος, “big mouth,”[23] and this would fit Pompeius (mouth) Magnus (large) – the conqueror with a too-voracious appetite, who betrayed Judea’s loyalty by conquering and plundering it – כי אכל את יעקב ואת נוהו השמו.

  • Even the Biblical reference, the breaking of the tablets, resonates for an identification with Pompey:

So Judas chose Eupolemus the son of John of the Haqqoz clan and Jason the son of Eleazar and sent them to Rome to establish friendship and alliance with them, and to remove the yoke from them, for they saw that the kingdom of the Greeks was subjugating Israel into slavery. They went to Rome—and the trip is very long!—and entered the council and declared: “Judas, also known as Maccabaeus, and his brothers and the community of the Judeans have sent us to you to establish alliance and peace with you, so that we may be listed among your allies and friends.” This found favor in their eyes. And this is the copy of the letter, which they wrote in response on bronze tablets and sent to Jerusalem, so as to be a memorial there, among them, of the peace and alliance: Let it be well for the Romans and the people of the Judeans on sea and on land forever, and let sword and enmity be far from them. But if war is made upon Rome, first of all, or upon any of its allies in its entire realm, the people of the Judeans will fight together with them wholeheartedly, as far as opportunity prescribes to them. And they will neither give nor supply their enemies wheat, weapons, money, or ships—as Rome decided, and they will observe their obligations without receiving anything. In the same way, if the people of the Judeans is attacked first, the Romans will fight enthusiastically as its allies, as far as opportunity prescribes to them. Nor will they give to the allies (of the partner’s enemies) wheat, weapons, money, or ships, as Rome decided, and they will observe these obligations without duplicity. (-I Maccabees 8:17-28)[24]

Pompey’s betrayal of the treaty between the Hasmoneans and Rome in devouring the Judean state was nothing short of a shattering of the bronze tablets, the physical testament to the pact. It seems no coincidence that all aggadic treatments of the Tablets of the Law dilate on Exodus 32:16, ‘harut al ha-luhot’ – inscribed on the tablets – homiletically rendering it herut, freedom (Kallah Rabbati 8:2, Avot de-Rabbi Natan 2:3, bEruvin 54a, Exodus Rabbah 41:7, Leviticus Rabbah 18:3, Numbers Rabbah 10:8, Song of Songs Rabbah 8:6, et al.). Judean freedom ended on the seventeenth of Tammuz, when Pompey ‘broke’ the bronze tablets promising cooperation and non-aggression in exchange for loyalty.

  • The burning of the Torah – the definite article – indeed suggests a specific, known Torah scroll. In the Second Temple literature, outside of later Rabbinic sources, there is indeed one attestation of a known Torah scroll:

And they came with the gifts that had been sent and the remarkable parchments on which the legislation had been written in golden writing in Judean characters, the parchment being worked amazingly and the common joins constructed to be imperceptible. When the king saw the men, he inquired about the books. And when they uncovered them rolled up and they unrolled the parchments, pausing for a long time and prostrating himself about seven times, the king said, “I thank you, O Men, and even more the one who sent you, but mostly the God whose utterances these are.” (Letter of Aristeas 176-177)

The grand gold-lettered Sefer Torah from Elazar the high priest of Judea, from the Temple precincts, was the vorlage of the Septuagint, in this second Temple telling. The historicity of the Letter of Aristeas is, to be sure, problematic, to say the least; but the erstwhile existence of an urtext for the Septuagint is supported by most scholars,[25] and the ancient report that it was held in reverence is supported by writers centuries hence. Tertullian reports that in the library of Alexandria, the Septuagint was displayed along with the Hebrew original.[26] John Chrysostom writes that Ptolemy Philadelphus “deposited it [the Septuagint] in the Temple of Serapis . . . and even today the translated books of the prophets are still there.”[27]

The great library of Alexandria – the cultural crossroads of the ancient world – was destroyed when Caesar[28] set fire to the Egyptian fleet in the port at Alexandria, in the ‘straits of Lod’ – Lod, in Rabbinic parlance, also being a name for Egypt, after his son Ludim (Genesis 10:13).

Caesar was good to the Jews, and so even if the Rabbis knew that he was at fault – unlikely in the fog that surrounded the event in the historical record – they blamed the one who compelled Caesar’s stay in Egypt: Apostomos, Pompey. His ill-fated attempt to raise a force against Caesar in Ptolemaic Egypt set off a cascade of events resulting in the incineration of the Torah – the Pentateuch portion of the Septuagint and its vorlage, sent from the high priest of Judea in hoary antiquity, the crown jewel of the Egyptian Jewish community and potent symbol of its full integration and acceptance in the fabric of Ptolemaic Egyptian society from its outset. The subsequent century and a half of Alexandrian Jewish life was marked by anti-Semitic writings, pogroms and ultimately annihilation.

The destruction of the library was one of the most traumatic events in the history of the West, and highlights the manner in which the career of Pompey, the betrayal of an ally in the name of narrowly defined self-interest, was tragic both for the Jewish people, as well as Rome and Western civilization, to which the Hasmoneans had tethered their carriage.

Admittedly, much of the above is conjecture, and some is more than a bit far-fetched. Perhaps it is fitting that for one key villain in Judaism, the villain of Shiva Asar be-Tammuz, be he Pompey or someone else, the imprecation yimah shemo ve-zikhro – may his name and remembrance be erased – indeed was fulfilled!

[1] As it is vocalized in the MS Kaufmann A50 manuscript.
[2] Koren-Steinsaltz translation, from Sefaria, with modifications.
[3] See Yuval Shahar, “Rabbi Akiba and the Destruction of the Temple: The Establishment of the Fast Days” (Heb.), Zion 68:2 (2003), 145-165.
[4] Itamar Warhaftig, “On the Seventeenth of Tammuz the Daily-Offering was Cancelled – in the First Temple or the Second?” (Hebrew) HaMa’ayan 33:4 (1993), 6-14.
[5] Vered Noam, “The Fratricidal Hasmonean Conflict,” Josephus and the Rabbis, Vol. 1 (Heb), 318-340.
[6] See discussion in Shahar, “Rabbi Akiba,” 159-165.
[7] Ben Zion Luria challenges the common scholarly assumption that the referent is the site of the village of Talluza (Tira Luzah) since this village had been Samaritan throughout the Roman period; instead he identifies it with Bethel. Both are a considerable distance from Beth Horon. See his “And Apostomos Burned the Torah” (Heb.), Beit Mikra 32:4 (1987), 293-295.
[8] Daphne Baratz, “A Golden Vine/Garden in The Temple,” in Josephus and the Rabbis, Vol. 1 (Heb), 341-348.
[9] See Steven Fine, “Caligula and the Jews: Some Historiographic Reflections Occasioned by Gaius in Polychrome.” New Studies on the Portrait of Caligula in the Virginia Museum of Fine Arts (Brill, 2020), 100-104.‏
[10]  Étienne Nodet, “On the Destruction of the Jerusalem Temple’.” Rethinking the Jewish war (Peeters, 2021), 236-248.‏
[11] Eliyahu Katz, “Who Knows Five” (Heb.), Niv ha-Midrashiyah 10 (1972), 122-125.
[12] Jane Bellemore, “Josephus, Pompey and the Jews,” Historia: Zeitschrift für Alte Geschichte H. 48:1 (1999), 94-118.‏
[13] Alessandro Galimberti, “Josephus and Strabo: The reasons for a choice.” Making History: Josephus And Historical Method (Brill, 2007), 147-167.‏
[14] Nadav Sharon, “The Conquests of Jerusalem by Pompey and Herod: On Sabbath or ‘Sabbath of Sabbaths’?.” Jewish Studies Quarterly 21:3 (2014), 193-220.‏ To be sure, there is some difficulty regarding placing the account to Yom Kippur, since the tamid-offering on Yom Kippur is offered exclusively by the high priest, and it is unclear why so many others would be involved in the sacrificial rites on that day.
[15] Shahar, “Rabbi Akiva.”
[16] Jonathan Bourgel, “Herod’s golden eagle on the Temple gate: a reconsideration.” Journal of Jewish studies 72:1 (2021), 23-44.‏
[17] For Josephus, the referent is the Paschal sacrifice, four months before Pompey’s incursion.
[18] Eleonora Zampieri, Politics in the Monuments of Pompey the Great and Julius Caesar, Routledge, 2022), 64-65.
[19] James M. Scott, Bacchius Iudaeus: a denarius commemorating Pompey’s victory over Judea, (Vandenhoeck & Ruprecht, 2015), 34.
[20] I am indebted to Prof. Kenneth Atkinson for this insight.
[21] Lauren Donovan Ginsberg, “Great Expectations: Wordplay as Warfare in caesar’s Bellvm Civile,” The Classical Quarterly 73:1 (2023), 184-197.‏
[22] Translation by Barclay, in Mason, Flavius Josephus, 233-238.
[23] Although he connected the nickname with Antiochus Epiphanes. See Georg Heinrich August von Ewald, The history of Israel, Vol. 5, Transl. J. Estlin Carpenter (Longmans, Green and Co., 1874)‏, 293 note 2.
[24] Translation from Schwartz, 1 Maccabees, 284-285.
[25] Emanuel Tov, “The Septuagint.” The Literature of the Jewish People in the Period of the Second Temple and the Talmud, Volume 1 Mikra. (Brill, 1988), 161-188.‏
[26] Christophe Rico, “The destruction of the Library of Alexandria: A reassessment.” The Library of Alexandria: A cultural crossroads of the Ancient world (Polis, 2017), 293-330.‏
[27] Thomas Hendrickson, “The Serapeum: Dreams of the Daughter Library,” Classical Philology 111:4 (2016), 453-464.‏
[28] Rico, “The Destruction.”




On the History of the Custom to Announce Upcoming Fasts in the Synagogue on the Shabbat Preceding the Fasts

On the History of the Custom to Announce Upcoming Fasts in the Synagogue on the Shabbat Preceding the Fasts

By Ezer Diena

About the author: Ezer Diena teaches Science and Judaics at Bnei Akiva Schools of Toronto. After studying at Yeshivas Toras Moshe for two years, Ezer received his B.Sc. in Chemistry and B.Ed. from York University.  He then joined Beit Midrash Zichron Dov of Toronto, where he studied for two years while serving as Rabbinic Assistant at BAYT and teaching in the Toronto and Thornhill communities. He welcomes any comments or feedback at ediena@torontotorah.com

Part 1: The sources of this custom

Many communities have the custom to make some type of announcement1 of a fast day on the Shabbat preceding it. In what is likely the best-known version of this custom, Shulchan Aruch (Orach Chaim 550:4) writes:

:(בשבת קודם לצום מכריז שליח צבור הצום חוץ מט”ב וצום כפור וצום פורים וסימנך אכ”ף עליו פיהו2 (ומנהג האשכנזים שלא להכריז שום אחד מהם

On the Shabbat prior to a fast, the Shaliach Tzibbur announces the [upcoming] fast, except for the 9th of Av, the fast of Kippur, and the fast of Purim [i.e. Ta’anit Esther], and the mnemonic for this is “AKaF alav pihu” [A = Av, K = Kippur, F = Purim] (Mishlei 16:26). Rema:3 And the custom of the Ashkenazim is not to announce any of them.

While the source of Shulchan Aruch’s formulation of the custom to announce fasts on the Shabbat prior is Abudarham4, this custom is described in a number of early sources. Two sources cited in support of this custom appear to be from Geonic times5, while another seven major sources span the first half of the second millennium. The Hebrew and English text of these nine sources, along with minimal analysis, follows:

Masechet Soferim (no later than 8th Century CE)

In standard printings of Masechet Soferim, Chapter 21 Halacha 36 references a custom that some individuals had to fast on Monday(s) and Thursday towards the end of the month of Nissan.7 The next passage8 reads

.במה דברים אמורים בצינעה, אבל לקרוא צום בציבור אסור, עד שיעבור ניסן

When is the above said? [When the fasting is done] privately, but to call a fast in public is prohibited, until Nissan has passed.

Rabbi Dr. Michael Higger (in his critical edition of Masechet Soferim, Volume II, p. 354, notes to line 13) notes no less than four other versions of the words that appear in the place of לקרוא צום בציבור, to call a fast in public: להטריח ציבור, to burden the community; להכריז צום בציבור, to announce a fast in public; להזכיר צום בציבור, to mention a fast in public; and להדין צום בציבור, to rule (?) a public fast. (Note as well that some of the versions lack the word צום, fast, but their meaning likely remains the same.)

Some commentaries to Masechet Soferim9 have therefore suggested that this line references this custom to announce fasts on the preceding Shabbat. While it is indeed the custom of many communities, even now, to recite a Mi Sheberach blessing on the first Shabbatot following Rosh Chodesh Iyar and Cheshvan for those who fast the Monday/Thursday/Monday fasts following Nissan and Tishrei,10 this does not seem to be the simple meaning of this passage of Masechet Soferim, for a number of reasons. Firstly, the passage in Masechet Soferim makes no mention of Shabbat, unlike all of the other sources discussing this custom. Secondly, it seems to be discussing the nature of the fast day itself as a fast of an individual, as opposed to the fast of the public. Thirdly, similar wording is used by Shulchan Aruch (Orach Chaim 429:2) to describe the prohibition of fasting during the month of Nissan, and the overwhelming majority of commentaries11 explain this phrase to refer to the act of public fasting, having nothing to do with an announcement on the Shabbat preceding the fast.12

A more plausible explanation13 of this passage in Masechet Soferim would be that this refers to the public display of fast day rituals, such as reading the Torah portion associated with a public fast day, or that there was some announcement of the fast to the public, but had nothing to do with the Shabbat preceding the fast.

In conclusion, there is no evidence from this passage in Masechet Soferim to suggest that the its author was aware of a custom to announce fast days in the synagogue on the Shabbat preceding.

Seder Rav Amram Gaon (9th Century CE)

Another early source supporting the custom of announcing fasts on Shabbat may be Seder Rav Amram Gaon. In Seder Hilchot Ta’aniyot (usually indicated as Section 57), some editions14 of this work contain the following paragraph:

ונהגו בכל המקומות שמכריז ש”ץ בשבת קודם התענית ואומר צום פלוני ביום פלוני שיהפוך אותו הקב”ה עלינו ועל כל עמו ישראל לששון ולשמחה. ככתוב. כה אמר ה’ צבאות צום הרביעי וצום החמישי וצום השביעי וצום העשירי יהיו לבית יהודה לששון ולשמחה ולמועדים טובים והאמת והשלום אהבו. תענית של צום הרביעי י”ז בתמוז, צום החמישי ט’ באב, וצום השביעי ג’ בתשרי, צום העשירי עשרה בטבת

It is the custom in all communities that the Shaliach Tzibbur announces on Shabbat before the fast and says “the fast Ploni will [take place] on the day Ploni, may Hakadosh Baruch Hu transform it for us and for His entire nation of Israel to gladness and happiness.” As it is written: “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19) The fast of Tzom Harevi’i is the 17th of Tammuz, Tzom Hachamishi is the 9th of Av, and Tzom Hashevi’i is the 3rd of Tishrei, [and] Tzom Ha’asiri is the 10th of Tevet.15

Unfortunately, this passage is not authentic. In addition to language that does not seem to fit the rest of the work16, it appears only in Manuscript Aleph (Oxford Bodleian Library Opp. Add. 4028) of this work, a manuscript known for many later interpolations based on French customs.17 Also, if such a custom was so widespread at that time, one would expect other evidence from approximately the same time period or earlier, which, if extant, has eluded this author entirely. Indeed, Professor Daniel Goldschmidt treats this section as a later addition in his edition of Seder Rav Amram Gaon.18 Therefore, it is significant as testimony to the custom in France in the 1400s, but not as a report from 500-odd years prior in a different part of the world.

Machzor Vitry (11th-12th Century CE)

Standard printings of the Machzor Vitry (Section 190), a French work composed around 1100 CE,19 read as follows:

וכשחל תענית כתוב בשבת הבאה יאמר הכי: מי שעשה כו’. עד לירושלם עיר הקודש ונאמר אמן. צום פלוני יום פלוני זה הבא עלינו יהפכהו הק’ לנו ולכל ישר’ לששון ולשמחה ולברכה ולשלום ונאמר אמן. ככת’ כה אמר י”י צום הרביעי צום החמישי צום השביעי וצום העשירי יהיה לבית יהודה לששון ולשמחה ולמועדים טובים האמת והשלום אהבו

When a “written fast” falls in the coming week, he should say as follows: “He who did…” until “to Yerushalaim, the holy city, and we say ‘Amen’!” [This text is found in the previous section as part of the prayer recited on the Shabbat before Rosh Chodesh.] “The fast of Ploni is on this day, Ploni, which is approaching. May Hakadosh Baruch Hu transform it for us and all of Israel to gladness and happiness and blessing and peace, and we say ‘Amen’!” As it is written, “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19)

Although there are various manuscripts of Machzor Vitry, and many of them have slightly different readings, the passage is considered entirely authentic. The details of this retelling of the custom, as well those which follow, will be analyzed at length later in this piece, and are brought here as a form of introduction, as well as if the reader would like to reference the full texts during other portions of this article.

Sefer Eitz Chaim (13th Century CE)

Rabbi Yaakov Ben Yehudah Chazzan lived in London in the 1200s, and produced a Halachic work called Eitz Chaim.20 Page 109 of the Brody Edition reads:

כשיארע צום21 לשבוע יאמר: צום פלוני יהיה יום פלוני, יהפכהו הקב”ה עלינו ועל כל ישראל לששון ולשמחה ולמועדים טובים, לריוח והצלה והצלחה, לברכה ושלום ונאמר אמן, כאמור: כה אמר יי [צבאות] צום הרביעי צום החמישי צום השביעי וצום העשירי יהיה לבית יהודה לששון ולשמחה ולמועדים טובים האמת והשלום אהבו

When a fast will fall in the week, he should say: “The fast of Ploni will be the day of Ploni, may Hakadosh Baruch Hu transform it for us and all of Israel to gladness and happiness and holidays, relief, deliverance and success, blessing and peace, and we say ‘Amen’!” As is said, “Thus said the LORD of Hosts: The fast of the fourth month, the fast of the fifth month, the fast of the seventh month, and the fast of the tenth month shall become occasions for joy and gladness, happy festivals for the House of Judah; but you must love honesty and integrity.” (JPS 1985 translation of Zechariah 8:19)

Kol Bo (13th-14th Century CE)

In an anonymous halachic work from around 1300, often attributed to Rabbi Aharon Ben Yaakov Hakohen22, we find the following in Hilchot Tefillat Yotzer Umussaf, Chapter 37:

.ועל ד’ הצומות שהן י”ז בתמוז וט’ באב וצום גדליה ועשרה בטבת מכריז בשבת שלפניהן ואומרים צום פלוני יהיה יום פלוני וכו’, אבל23 אין מכריזין על ט’ באב ועל צום גדליה24 לפי שהם ידועים לכל

On the four fasts, which are the 17th of Tammuz, the 9th of Av, the fast of Gedaliah, and the 10th of Tevet, he announces on the Shabbat prior to them, and they say: “The fast of Ploni will be on the day of Ploni…”. But we do not announce on the 9th of Av and the fast of Gedaliah, since they are known to all.

Orchot Chaim (13th-14th Century CE)

Standard printings of Orchot Chaim, an early 14th Century work by Rabbi Aharon Ben Yaakov Hakohen25 (Volume I, Seder Tefillat Shabbat – Shacharit, Section 8) read:

ועל ד’ הצומות שהן י”ז בתמוז וט’ באב וצום גדליה וי’ בטבת מכריז בשבת שלפניהם צום פלוני יהיה יום פלוני וכו’26 ועל ט’ באב וצום גדליה י”א שאין מכריזין עליהם לפי שהן ידועים לכל.27

On the four fasts, which are the 17th of Tammuz, the 9th of Av, the fast of Gedaliah, and the 10th of Tevet, he announces on the Shabbat prior to them: “The fast of Ploni will be on the day of Ploni…”. [Regarding] the 9th of Av and the fast of Gedaliah, some say that we do not announce them, since they are known to all.

Sefer Mitzvot Zemaniyot (13th-14th Century CE)

Rabbi Yisrael Ben Yosef Hayisraeli of Toledo, Spain, authored an Arabic work known as Sefer Mitzvot Zemaniyot around the beginning of the 14th Century. It was translated into Hebrew not long after his death by Shem Tov Ben Yitzchak Ardotial, and that translation alone remains.28 In his Hilchot Ta’aniyot, he writes:

וצריך להזהר בהם ולהזכירם ש”ץ ביום השבת הקודם אחר ההפטרה קודם שיאמר אשרי “אחינו ישראל [שמעו] צום פלוני יום פלוני. יהפוך אותו לנו29 הקב”ה לנו לששון ולשמחה, כמו שהבטיחנו בנחמות, ונאמר אמן”. והענין לזה, כדי שיקבלו עליהם הצבור קודם בואו. כי אם לא יקבלוהו ולא כיונו בו אלא אחרי בואו, יקרא תענית שעות, שאינו יום צום אלא מעת שכיון לקבלו עד תשלום היום. ואמרו אין מתענין לשעות. ואמרו עוד כל תענית שלא קבלו עליו מבעוד יום לא שמיה תענית.

One needs to be careful about them and the Shaliach Tzibbur should announce them on Shabbat Day after the haftarah before he says “Ashrei”: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it for us to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” The purpose of this, is so the community accepts [the fast] upon themselves before it arrives. For if they do not accept it, and only focus upon it after it arrives, it will be called a Ta’anit Sha’ot [fast of hours], which is [only considered] a day of fasting from the time that he intended to accept it until the completion of the day. And they said (Ta’anit 11b): “[One] does not fast for hours.” They also said (Ta’anit 12a): “Any fast which they did not accept while it was still [the previous] day is not considered a fast.”

Although he lived in Spain, he was tremendously influenced by Rabbi Asher Ben Yechiel (Rosh), who had lived in and travelled through various Ashkenazic communities before settling in Spain in 1306. Thus, this work may reflect an Ashkenazic custom, albeit one that may have become accepted in Spain at that time. It is also imperative to note that scholars have documented the influence of this work on the next two works listed, Sefer Abudarham and Sefer Menorat Hama’or.30

Sefer Abudarham (14th Century CE)

As mentioned above, Sefer Abudarham, a classic 14th Century Spanish liturgical work,31 served as the source for Shulchan Aruch’s ruling on this matter. The original text, found in printed versions of Sefer Abudarham (Seder Tefillat Hata’aniyot), reads:

ובשבת שקודם להם אחר קריאת ההפטורה קודם אשרי צריך שיכריז שליח צבור ולהודיע לקהל באיזה יום יחול הצום ואומר אחינו ישראל שמעו צום פלוני יום פלוני יהפוך אותו הקב”ה לששון ולשמחה כמו שהבטיחנו בנחמות ונאמר אמן. וג’ תעניות אין מכריזין עליהם ט’ באב יום הכיפורים ופורים וסימניך אכ”ף.32

And on the Shabbat before them, following the reading of the Haftarah, prior to Ashrei, the Shaliach Tzibbur must announce and notify the congregation on which day the fast falls, and he says: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” There are three fasts which we do not announce [the date of]: The 9th of Av, Yom Hakippurim, and Purim, and the mnemonic is AKaF [A = Av, K = Kippur, F = Purim].

Sefer Menorat Hamaor (Rabbi Yisrael Al-nakawa; 14th Century CE)

Finally, at approximately the same time and place as Sefer Abudarham was written, Sefer Menorat Hama’or, a chiefly ethical work by Rabbi Yisrael Al-nakawa, was also composed.33 Standard printings of Chapter 2 of the book, entitled Hilchot Hata’aniyot (p.p.278-279 in the Anlau Edition), contain the following passage, in the context of formally accepting the “minor fasts”:

…ולפי’ נהגו להכריז ש”צ ביום השבת שהתענית חל להיות באותו שבוע הבאה אחריו. ואומר, אחינו ישראל שמעו, צום פלוני ביום פלוני, יהפוך אותו הב”ה לששון ולשמחה, כמו שהבטיחנו בנחמות, ונאמר אמן. כדי שיקבלוהו הקהל עליהם קודם שיחול, לפי שאין רובם בקיאים לקבל אותו עליהם מבעוד יום בתפלת המנחה, כמו שאמרתי.

…therefore, they have the custom that the Shaliach Tzibbur announces the fast on the Shabbat Day on which the fast falls in the week which follows it. And he says: “Our brothers, Israel, hear: The fast of Ploni is on the day of Ploni. May Hakadosh Baruch Hu transform it to gladness and happiness, as he promised us in the consolations, and we say “Amen”!” [This is done] in order that the congregation should accept it upon themselves before it arrives, since most of them are not expert enough to accept it while it is still daytime [before the fast] during the Mincha prayer, as I said.

To sum up the history of this custom, we see that it arose sometime near the start of the Second Millennium CE and was reported to be the custom of French Ashkenazic communities for at least the next few hundred years. We also see it in a distinct group of Spanish sources in the 1300s, which may have been influenced by Ashkenazic rabbis who either emigrated to Spain or were well-known in Spain, causing this to become common practice in those Sephardic communities. In the 1400s and 1500s, it appears that this custom was strong in certain Sephardic communities (especially Spanish ones), and possibly still in French communities, but virtually nonexistent in many Ashkenazic communities.

Following the dissemination of the rulings of Rabbi Yoseph Karo and Rabbi Moshe Isserles in the Shulchan Aruch and Mappah, we see significant adoption of this custom by communities that tended to follow Sephardic customs, and strong rejection of the custom by Ashkenazic communities across Europe. Ashkenazic codes of law from this point on either rejected this custom (which may be evidence that it was known to them, possibly via the ruling in Shulchan Aruch), or failed to mention it altogether, since it was not practiced.34 However, we see evidence of adoption of this custom among Yemenite Jews,35 Egyptian Jews,36 and Italian Jews.37

Part 2: Approaches to this custom

In order to properly understand this custom, we must ask the following questions:38

  1. What benefit might there be to people to announce a fast day on the Shabbat beforehand, and why would someone initiate such a custom?
  2. Why might some communities not have adopted this custom or disagreed with it?
  3. How do these reason(s) fit in with various details of the custom, as indicated in the sources noted above, including:
    1. the language of the announcement?
    2. the placement of the announcement in the prayer service?
    3. the dates which some communities do not announce?

In answering these questions, we find three distinct conceptual approaches39 to this custom, which will be outlined below. Each of these approaches finds support among the various details of this custom, as mentioned in the sources introduced above. However, rather than attempt to assign these understandings to various authorities, this article presents the general approaches and incorporates appropriate material from the primary sources. Assigning a particular approach to each source is inappropriate, since they do not fully reflect exactly how that author may have understood the custom, but rather, how it was being practiced in that locale at that time.

Approach #1: Informing the Community

Perhaps the simplest way to explain this prayer and custom is that it serves as a method of alerting the community to an upcoming fast day.40 The custom may have begun simply by necessity – members of a particular community may have not been fully aware of upcoming fast days, and as a result, it could have been decided by the community leaders that an announcement on Shabbat would be most effective to share this information with the community. Notably, around the times which we see this custom first being mentioned, there is reason to believe that there were more participants in the Shabbat prayer service than at other weekday services,41 and in addition, it provides significant time to prepare for the fast, which could be no earlier than the following day.42

One could further conjecture that in communities where the fasts were communicated otherwise, or where the general population was more aware of such dates, this announcement was simply unnecessary. Alternatively, even if there were more communities that would have benefitted from a public declaration about the upcoming fast, it is possible that while some communities incorporated this into their prayer service, others may have felt it unnecessary or inappropriate.

Such an approach is primarily taken by Abudarham43, who adds the words ולהודיע לקהל, emphasizing the element of announcement. (Truthfully, it is hard to reject this reading of virtually any source that mentions this custom.) If so, the words “אחינו ישראל שמעו44, צום פלוני [ב]יום פלוני”, serve as a crucial part of the announcement, as they serve the main goal of passing this information on to the congregation. This would also explain the proximity of this prayer to the similar announcement of when Rosh Chodesh will take place the following week.45

Commentaries to Shulchan Aruch that take this position are quite limited.46 One example is Kaf Hachaim (Orach Chaim 550:24), who cites the language of Sefer Abudarham, and in 550:26, he also cites Yafeh Lalev (Volume III, Orach Chaim 550:2), who in turn cites Orchot Chaim’s language (brought above). Since Orchot Chaim writes that according to some, we do not announce the fasts of the 9th of Av and Tzom Gedaliah “because they are known to all”, many understand this phrase to reflect an understanding that the purpose of the announcement is to make these dates known to all.47 This would be true of the passage in Kol Bo as well, which also gives that rationale without citing another view. Similarly, in Sefer Abudarham (and Shulchan Aruch), three dates are given on which we do not announce the fast on the preceding Shabbat. Yom Kippur and the 9th of Av were likely well-known, and did not need to be announced, and the Fast of Purim (Ta’anit Esther) need not be announced due to its proximity to Purim.48 However, it would be hard to understand why Tzom Gedaliah, which immediately follows Rosh Hashanah, would not fall into this category as well.49

Of particular interest50 to those who follow this approach is the custom in Egypt. Sefer Minhagei Mitzrayim (authored by Rabbi Yom Tov Ben Eliyahu Shirizali, Rabbi of Cairo in the mid-late 1800s; note 55) testifies that the custom in Egypt was not to announce any of the fasts. However, his successor Rabbi Rafael Aharon Ben-Shimon, in Sefer Nehar Mitzrayim (Hilchot Ta’aniyot 1) spoke very harshly against the custom of not announcing these fasts, since he was personally aware of complaints from G-d-fearing Jews who had unintentionally eaten on the 17th of Tammuz, and he re-instituted this custom in accordance with the view of Shulchan Aruch.51

Notably, a recent authority that takes this approach is Rabbi Mordechai Eliyahu. In Kol Tzofayich (Balak 5761), p. 3, he advocates that even in communities that do not have this custom, on the Shabbat preceding the fast, the Gabbai should announce the date on which the fast falls, as well as the start and end times for the fast.52

Approach #2: A Prayer

It is quite clear that the actual text of this addition to the Shabbat morning services contains two major components:

  1. An announcement of when the fast will be taking place
  2. A prayer that Hashem turn it into a day of happiness

When examining the various versions of this passage and the way it is described, one can see different emphases on each of these components. For example, in Orchot Chaim’s version, which reads “צום פלוני יהיה יום פלוני וכו’”, the only text mentioned outright is the announcement of the fast, although it is clear that some form of prayer was recited, since he includes וכו’, or “etc.” at the end of his statement. Thus, one would presume that the main focus of this addition is to alert the community to the upcoming fast, but we take the opportunity to also request from Hashem that these days be turned into happy occasions.53

In a second set of texts, we find the second component, the prayer, clearly written following the announcement, but it tends to be fairly short. For example, Sefer Abudarham has “יהפוך אותו הקב”ה לששון ולשמחה כמו שהבטיחנו בנחמות ונאמר אמן”.

In Machzor Vitry, we find two interesting changes. Firstly, prior to the actual announcement, there is an opening prayer which matches the opening prayer recited before the announcement of Rosh Chodesh. Secondly (and this is found in various early French records54), it concludes with a citation of the verse in Zechariah (8:19) that these days will be transformed into happy occasions. It cannot be determined if this verse was actually recited as part of the prayer at the time that these texts were written, or if the verse was printed following this prayer to explain it,55 but it clearly demonstrates a strong connection to the consolation of that verse. Additionally, in Machzor Vitry as well as Sefer Eitz Chaim, the list of blessings that we pray for is significantly longer than in other sources.

Furthermore, in Machzor Vitry we find an odd phrase – it refers to each fast that we recite this before as a “תענית כתוב”, a written fast. Different interpretations have been proposed,56 one of which is that this phrase refers to those fasts enumerated in Zechariah 8:19.57 What criterion would be only applicable to those four fast fasts, and why refer to it in this strange way? Perhaps the emphasis of Machzor Vitry was on the fact that these four fasts are enumerated in a verse which explicitly states that they will be turned into days of happiness, which according to him, would be the main purpose of this passage and custom.58

In addition to the above, many versions of Machzor Vitry omit the day of the week on which the fast will fall.59 This too serves to deemphasize the notion that this section was added to remind others of an impending fast, and perhaps further emphasizes the role of this addition primarily as a prayer.

Additionally, another text can be called upon to support this notion that the primary reason for adding this section was to pray for a reversal from sadness to happiness. Kol Bo’s language about this custom appears to be internally contradictory. It opens saying that on each of the four fasts listed in Zechariah, the fast should be announced, and the prayer text should be recited. He then writes that Tzom Gedaliah and Tish’a B’av should not be announced. Why would he open by stating that we do announce those fasts, and one line later, write that we don’t?60

Perhaps this contradiction can be resolved by noting a slight difference between the language of Orchot Chaim and that of Kol Bo.61 Kol Bo adds the word ואומרים, and they say, prior to the passage recited in the synagogue. Thus, Kol Bo opens with a statement that on these four fasts: a) one individual announces the fast to the congregation, and b) the community recites the following prayer text. Kol Bo continues by noting that on two of the aforementioned fast days, the announcement is not made, but it is possible that the prayer is still recited.62 In Orchot Chaim, however, the prayer recited is the same as the announcement, and thus, it is brought as two separate opinions as to whether the announcement/recitation takes place at all.

This suggests that the Kol Bo distinguishes between the announcement element and the prayer element of this passage, and according to him, although the announcement is recited only prior to the 17th of Tammuz and 10th of Tevet, the prayer is recited prior to each of the four fasts listed in the verse, which would also seem to indicate that its primary purpose was to ask G-d for this reversal.

If the main or sole purpose of this addition to the Shabbat morning service would be for prayer, its placement within the prayer service (as opposed to before or after, or at a completely separate time) is quite appropriate. The parallel to the mention of Rosh Chodesh, which is also surrounded by prayers for a successful month, is very easy to understand. However, as stated above, this view is limited in regards to the applicable dates on the Jewish calendar, since according to this view, the most appropriate fast day to ask for a reversal of would be the 9th of Av, yet, many sources, including Shulchan Aruch, designate that day as one that we do not recite this passage on the Shabbat prior.63 Additionally, it is hard to understand the opposition to this custom – why wouldn’t other communities have followed this custom as well?

Although there is no certain answer to this question, there are two factors worth noting:

  1. If one were to view the passage announcing the upcoming Rosh Chodesh as fulfilling a different role than a prayer for the future, this passage seems out of place. If some Ashkenazic authorities viewed the Birkat Hachodesh as either an announcement or as some ritualistic acceptance of the new month,64 they may have felt it inappropriate to add another section to the prayers which did not serve that same purpose.
  2. There is a general hesitancy to mention sad things on Shabbat;65 some have suggested that the rejection of this custom was in line with this ethic.66 Indeed, there were even communities that did not recite the general Rosh Chodesh passage during the month of Av, due to its negative nature, so as not to bring that up on Shabbat.67

While this view that this addition to the service serves primarily as a prayer is not explicitly mentioned by commentaries to the Shulchan Aruch, nor almost any writers,68 it is clear that there is certainly an element of prayer according to all views of this custom, and that it may indeed be the main purpose of the custom according to some of the authorities that we brought above.

Approach #3a: An Informal Acceptance

The final general approach brought here is the one that has been most discussed in previous sources. In particular, Rabbi Dr. Daniel Sperber’s article on the topic mainly addresses this approach, and the classic commentaries on Shulchan Aruch who take note of this custom (in this case, Be’ur Hagra to Shulchan Aruch Orach Chaim 550:4 and, following in Gra’s footsteps, Aruch Hashulchan (Orach Chaim 550:4) also follow this approach.69 However, as we will see, there is much material on this topic that has not yet been addressed, and therefore, it would be best to present the following spectrum of views within this approach, ranging from a wholly unofficial and non-halachic acceptance of the fast, to an extremely formal and legally valid acceptance of the fast.

On the less-formal side of things, Be’ur Hagra suggests that as per Talmud Bavli Rosh Hashanah 18a, the status of the fasts listed in Zechariah (likely excluding Tish’a B’av) depends on the situation of the Jewish people at that time. As the Talmud states there:

.אין גזרת המלכות ואין שלום רצו מתענין רצו אין מתענין

At a time where there is no decree of the kingdom and no peace, if they wish to fast, they should fast, and if they don’t wish to fast, they should not.”70

Based on one opinion71 that nowadays (assuming there is no persecution), or at the very least, several hundred years ago, when this custom first appeared, the status of these three72 fast days was still in the hands of the people, an announcement on the Shabbat beforehand was a form of “accepting” the fast as a community by declaring that the community wishes to fast. According to this approach, those who disagree with the institution of this custom believe that these fasts have already been formalized, and they are no longer dependent on community will at all.73

This approach does well in explaining the exclusion of Yom Kippur and the 9th of Av, since they have a status of being completely established,74 and do not require the will of the community to take effect. However, the exclusion of Ta’anit Esther is somewhat perplexing. Although it is certainly not included in the list of fasts that depend on community will, it doesn’t seem to be particularly established, especially when we contrast other halachot of the day. This led Gra to suggest that Shulchan Aruch was of the opinion that Ta’anit Esther is considered to be established in our day, that just as the Jewish people fasted as a community on the 13th of Adar, we too continue to fast each year. This is in line with Esther 9:31, as applied in Rambam Hilchot Ta’aniyot 5:5.75 On the other hand, based on Rema (Orach Chaim 684:2), Sperber suggested that Ta’anit Esther was simply a weak custom, and not obligatory to fast on at all,76 which is why it was excluded from this list.

This approach, while initially appealing, has several issues. Firstly, it is impossible to suggest this as a plausible understanding of Sefer Abudarham, the source of Shulchan Aruch, since he brings the view of Ramban that the fasts are considered absolutely obligatory and not subject to communal approval, without bringing a dissenting view. Thus, to suggest that those who support announcing the fast must disagree with Ramban would be a clear contradiction. Furthermore, a number of commentaries77 (possibly including Gra himself) understand that Shulchan Aruch also follows Ramban’s view, in which case Shulchan Aruch would also be subject to this contradiction.78

Addition issues are the lack of a clear parallel to the Rosh Chodesh announcement79, as well as language that doesn’t seem to indicate any sort of acceptance80.

Approach #3b: A formal acceptance

Many descriptions of this custom are very consistent in presenting it as a form of acceptance. Sefer Mitzvot Zemaniyot makes extensive reference to the possibility of this addition being an acceptance of the fast, and earlier in his Hilchot Ta’anit, he mentions that only the 9th of Av has status as a public fast day, unlike the other fasts. Sefer Menorat Hamaor, earlier in his Hilchot Hata’aniyot is also explicit that each individual must accept these fasts for them to be considered binding. One could certainly argue that the purpose of the announcement is to remind people to accept the fast individually, but it seems more likely that these sources viewed the mention on the Shabbat prior to be some sort of acceptance. It is also worth mentioning that this may be a more formal and individualized type of acceptance than what Gra and Sperber were referring to.

(It is also interesting to note the placement of this halacha in the various works which refer to it. In general, although it is not absolute, it seems that those authorities who place it in the Shabbat section81 tend to view it more as a prayer or announcement than an acceptance, whereas others who place it in the laws of fast days82 may view it as more of a formal acceptance.)

The question which must be posed for the adherents to this approach is by what mechanism mentioning a fast on the Shabbat prior is considered acceptance of a fast. For Mitzvot Zemaniyot (and possibly Menorat Hama’or), who view those fasts as optional, one would expect a halachically-binding acceptance.

Firstly, regarding the time gap that may occur between Shabbat and the actual fast day, it is possible that the acceptance is binding even a number of days prior to the fast. Interestingly, this halacha is derived by Ra’avyah (Ta’aniyot 857; also cited in Mordechai Ta’anit Remez 624 and Or Zaru’a Volume II, Hilchot Ta’anit 404) from the Mi Sheberach blessing of those who accept the fasts of Bahab (Monday-Thursday-Monday) around the time that the Torah is returned to the Aron on Shabbat morning on the Shabbat preceding those fats. Ra’avyah notes that if an individual answers Amen to this blessing and intends to fast on those days, they do not need an additional acceptance of the fast. Ra’avyah contends that despite the disagreement found in the Talmud (Ta’anit 12a) between Rav and Shemuel as to whether the fast must be accepted during the Mincha prayer, or simply at Mincha time, they would both agree that an agreement on the Shabbat before would be binding.83 While to lay out the specific details of accepting fasts according to all authorities is far beyond the scope of this article, it is still our custom to accept the Bahab fasts by answering to the Mi Sheberach on the Shabbat preceding, which means that practically speaking, we follow Mordechai. Nevertheless, Shulchan Aruch Orach Chaim 563:1 (based on Tur Orach Chaim 563 and Rosh Ta’anit 1:13) clearly implies that accepting a fast prior to Mincha-time on the day before the fast is insignificant, and that one would not need to fast if they accepted the fast earlier.84

Secondly, as to whether an announcement may serve as a formal acceptance of the fast, Shulchan Aruch (Orach Chaim 562:12) writes:

תענית שגוזרים על הצבור אין כל יחיד צריך לקבלו בתפלת המנחה, אלא שליח צבור מכריז התענית והרי הוא מקובל. ויש אומרים דהני מילי בארץ ישראל שהיה להם נשיא, לפי שגזרתו קיימת על כל ישראל, אבל בחוצה לארץ צריכים כל הצבור לקבל על עצמם כיחידים, שכל אחד מקבל על עצמו

A fast that they decree on the public, each individual does not need to accept it during the Mincha prayer, rather, the Shaliach Tzibbur announces the fast85, and it is accepted. And some say, that this was stated [only about] the land of Israel where they have a Nasi, since his decree is binding upon all of Israel, but in the diaspora, the entire community needs to accept the fast upon themselves as individuals, in that each [person] accepts it upon themselves.

It appears that this pronouncement of the community establishes the fast as a communal fast, which does not require any acceptance from anyone – they all must fast regardless.

If we follow the earlier view that the fasts of the 10th of Tevet, 17th of Tammuz and Tzom Gedaliah are still dependent on communal will, such an announcement might be required in order to formalize the fast. Such a view is ascribed by Sperber to Tur.86 However, one could argue that the purpose of the announcement here is to create a fast which would otherwise not exist, but for these established fasts, there is no such need. This position is explicitly taken by a number of authorities.87 Furthermore, even if there is a need to announce these fasts as a form of acceptance, as noted above, according to the second view in Shulchan Aruch, it is ineffective, so this seems to be a weak basis for announcing the fast. However, it is possible that it may be effective at continuing the custom of generations past to fast on this date,88 and despite the above challenges, Menorat Hama’or, noting that the general public was not knowledgeable and many did not formally accept the fasts as individuals, appears to suggest that this serves as a form of acceptance.89

However, both of these concerns (the acceptance of a fast not being effective prior to Mincha-time of the day before, and the potential inability of a non-Nasi Shaliach Tzibbur to affect a fast) can be addressed. Firstly, it is possible that this was not simply something announced by one individual, but that this section of the prayer service was actually recited by every individual (similar to what we find with the Rosh Chodesh announcement).90

Alternatively, one could posit that the Amen recited at the end of the passage acts as a verbal acceptance, just as it does in the case of the Mi Sheberach for those who commit to fast on the aforementioned Bahab days.91

As to the second concern, that the acceptance was made too early, it is possible that this custom of announcing the fasts was at one point practiced only in the afternoon prior to the fast. Sefer Mitzvot Zemaniyot brings up the fast in the context of the fast days which fall on Shabbat and are delayed to Sunday, and writes “therefore”, leading into his description of the custom to recite this extra passage on Shabbat. It is possible that this point in the prayer service was close enough to the time of Mincha to be considered an acceptance of the fast even by those who would require it to be accepted at Mincha-time. However, this is admittedly a very creative and innovative read of Mitzvot Zemaniyot, and various considerations make it highly unlikely that this was the author’s intent.92

The same cannot be said for Machzor Vitry. Firstly, of the four manuscript copies of this passage of Machzor Vitry, Rabbi Aryeh Goldschmidt notes that one version reads “וכשחל תענית כתוב למחר”, when a fast falls the next day.93 Additionally, he notes that three of the four manuscripts do not mention the day on which the fast falls, from which he concludes (Shinuyei Nuscha’ot note 15 and footnote 2) that the custom was not to announce the day on which it would fall, and that this indicates that the passage served more as a prayer than anything else. However, his analysis was based on looking at the sum of the manuscripts, rather than following each manuscript tradition individually. MS ex-Sassoon 535, which (as noted above) limited the prayer to when the fast fell on a Sunday, could not possibly include a day on which the fast falls, since the prayer is only recited the day before the fast! This leaves three manuscripts, two of which omitted the day. These two manuscripts94 read “וכשחל תענית כתוב לאחר השבת”, “when a fast falls after Shabbat”. This phrase, used in various places in Machzor Vitry95 refers to Sunday, which would explain why no weekday is provided in that version of the supplication text.

If so, three manuscripts of what appears to be the earliest record of this custom testify that this passage was added only on the day prior to a fast day.96 Thus, historically speaking, this addition may indeed have served as a form of accepting a fast for individuals or the community.97 This would also explain the emphasis on the verse in Zechariah, which serves as a reminder that these fasts are not as established as one might think, in that they are dependent on the will of the community, as above.

In conclusion, while many later authorities suggest that this announcement served as a form of accepting the impending fast, there is little explicit support for this notion among early records of the custom. Only Menorat Hamaor and possibly Mitzvot Zemaniyot seem to conceptualize the added passage in this way, but it may be a major factor in the origin of this custom.

Conclusion

This custom to add a short passage announcing an upcoming fast to the Shabbat morning services is multi-faceted. While many authors have tried to provide a clear conceptual framework for this custom, based in one of the three approaches outlined above, in truth, there is no clear approach to explain every detail of this custom. Rather, as we analyze the text, placement and framing of the custom over many hundreds of years across different locales, we find that it incorporates elements of each of these three understandings. Such is the richness of this custom, that we find a way to provide practical reminders to the community, properly accept these fasts upon ourselves, and simultaneously pray for G-d’s salvation, may it come speedily in our days!

[1] Note: Although this article presents three major conceptual framings of this custom, the custom itself will be often described as an “announcement” or “prayer” throughout the article, even when those approaches to the custom are not being discussed.
[2] While the mnemonic AKaF is the product of Rabbi David Abudarham, who served as Shulchan Aruch’s source for this law (see below), Rabbi Karo appears to have expanded it on his own, as when he cites Abudarham in Beit Yosef, only the mnemonic AKaF appears, not the verse. (It is possible that other versions of Abudarham included this expansion as well – in the damaged St. Petersburg Russia Ms. C 98, folio 122, there is a larger gap than would be expected at that point in the text. His selection of this verse as an expansion of this mnemonic is interesting, since one could have also chosen Michah 6:6, “אכף לאלהי מרום”. Perhaps the reference to a verse about hunger is appropriate for a fast day, or, that the compulsion of one’s mouth refers to the acceptance of the fast by pronouncing it in advance. For a kabbalistic interpretation of this hint, see text box following note 44 in Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman).
[3] See Rabbi Dr. Daniel Sperber, Minhagei Yisrael 4 (p.p.248-9) in regards to whether this comment was actually written by Rema, or whether printers added this in accordance with Rema’s view in Darkei Moshe (Orach Chaim 550:1) that the custom of the Ashkenazim is not to announce any of these fasts on the preceding Shabbat. Early printings of Shulchan Aruch with the comments of Rema (such as the early 1600s Krakow edition) contain this comment but lack an introductory “הגה:”.

It should also be noted that the Knesset Hagedolah, whom Sperber noted brought this comment from the Sefer Hamapah (possibly as opposed to Darkei Moshe) seems to not have had a copy of Darkei Moshe on Orach Chaim, as both times he cites something from it in his works, it is a secondary citation.
[4]Seder Tefillot Hata’aniyot; p. 254 in Abudarham Hashalem, (Yerushalaim/Usha Edition). This text will be presented in full later in this article.
[5] Tosfot Yom Tov (Ta’anit 2:9) raises the possibility that this was the custom in Mishnaic times as well, but this seems to be without a firm basis.
[6] All of this is part of Halacha 1 in the Higger/Debei Rabbanan Edition of Masechet Soferim (Volume II, p. 354).
[7] See Tur, Beit Yosef, and other commentaries to Orach Chaim 429 and 492 for discussion of this custom, and interpretation of this passage of Masechet Soferim; some understood this to be referring to fasts following the conclusion of Nissan.
[8] Halacha 1, lines 12-13 in Higger’s edition, Halacha 4 in standard printings.
[9] See e.g. Be’urei Soferim (Wasserstein) to Masechet Soferim 20:4, citing Nachalat Ariel to Masechet Soferim 20:4.
[10] See e.g. Shach Yoreh Deah 22:31
[11] See e.g., the comments of Chok Ya’akov, Magen Avraham, and Mishnah Berurah to Shulchan Aruch there.
[12] It would be appropriate to note that similar phraseology appears in multiple places in Tanach, such as Melachim I 21:9, Yonah 3:5 and various other places. See Sperber, Minhagei Yisrael 1:24, footnote 5 for some sources that address this.
[13] Be’urei Soferim (Wasserstein) to Masechet Soferim 20:4 (citing Nachalat Ariel, as above) does offer an alternative explanation as well, and the Kerem Re’em Edition of Masechet Soferim (Chapter 21, note 28) concludes similarly.
[14] See e.g. Seder Rav Amram Hashalem (Frumkin), Volume 2, p. 78. As we will discuss, any printing which used the Oxford Bodleian Library manuscript of the work includes this passage.
[15] Two notes on translating this passage, which apply to the remaining translations as well: 1. Although the citations of Zechariah 8:19 found in the different sources are not identical, the same JPS translation was used throughout. 2. Whether to close the quotes before or after the citation of the verse from Zechariah was not certain; some versions of the prayer include the verse, but others do not.
[16] For example, elsewhere, the author identifies customs by locale, rather than write “all places”.
[17] See Seder Rav Amram Gaon (Goldschmidt/Mossad Harav Kook Edition), p. 12, which details the history of this manuscript.
[18] Seder Rav Amram Gaon, Mossad Harav Kook Edition, p. 96, section 57*.
[19] See e.g., the Encyclopedia Judaica entry for Mahzor Vitry and The Jewish Encyclopedia entry Simha Ben Samuel of Vitry.
[20] See e.g. The Jewish Encyclopedia entry for Jacob ben Judah Hazzan of London.
[21] This term, as opposed to Ta’anit (found in other descriptions of the custom) may indicate that it refers to the four fasts in Zechariah, which are referred to in that fashion; compare the language of Orchot Chaim and Kol Bo. For further discussion of the differences between these two terms, see The Academy of the Hebrew Language, Tzom Veta’anit (published August 4, 2014).
[22] There is a significant amount of literature devoted to the relationship between (and history of) Kol Bo and Orchot Chaim, a work authored by Rabbi Aharon Ben Yaakov Hakohen, and virtually every edition of either work addresses this issue to some degree. Rabbi Mordechai Menachem Honig (“On the new Edition of Sefer Hamaskil of Rabbi Moshe ben Rabbi Elazar Hakohen” (Hebrew), published in Yerushateinu Volume I (5767), p. 237 and footnotes 144-145) writes, based on various sources, that Kol Bo was authored in Provence in the late 13th Century, and served as an early version of Orchot Chaim, which was published in Majorca at a much later point in the author’s life.
[23] Shu”t Olat Yitzchak (Ratzabi) Orach Chaim 167 (p. 372) suggests that the words יש אומרים (and presumably the prefix of the next word) were omitted by a scribe; although this lacks manuscript support (e.g. Russian State Library, Guenzburg Collection, MS 72), it should not be discounted. This suggestion is motivated by the open contradiction in Kol Bo’s words, where he first writes that one announces the fast on all four days, then immediately writes that Tish’a B’av and Tzom Gedaliah are not announced. An alternative reading of Kol Bo will be presented later in the article.
[24] Based on the contradiction noted in the previous footnote, Rabbi David Avraham (Kol Bo Feldheim Edition, Volume 2, Column 218, footnote 59) suggests that this is a scribal error and should read “Tzom Kippur”. This is completely incorrect, as in addition to a lack of manuscript evidence, comparison to Orchot Chaim demonstrates that this is not the case, and even if one were to change this word, the contradiction in regards to the 9th of Av would still remain.
[25] See footnote 22 above, as well as the Encyclopedia Judaica and The Jewish Encyclopedia entries for Aron Ben Jacob haKohen (spellings vary slightly). It should be noted that the author of Orchot Chaim was expelled from France (likely Narbonne) in 1306 and moved to Majorca. Although it is not clear exactly when this work was written, it is likely, however, that this work represents the French custom at the time, and not necessarily the Spanish custom.
[26] The previous section in Orchot Chaim contains a prayer recited on the Shabbat prior to Rosh Chodesh Av, which is intended to be recited here as well.
[27] According to this latter view that the announcement is only made on the Shabbat preceding the 17th of Tammuz and the 10th of Tevet, Or Torah (Elul 5777, p. 1204) provides the mnemonic יאמר ד”י לצרותינו (a play on words from Bereishit Rabbah 92:1), which references the fast of the 4th (Daled) and 10th (Yud) months.
28 See Dr. Nahem Ilan, “He who has This Book Will Need no Other Book”: A Study of Mitzvot Zemaniyot by Rabbi Israel Israeli of Toledo (published in various languages in various journals).
[29] The only printed version of Mitzvot Zemaniyot (published from manuscript by Rabbi Moshe Blau in 1985) contains this word, but it is clear that it is an error. Indeed, in the manuscript that Blau used, Oxford Bodleian Library Or. 603, one can observe folio 39v and see that this word does not appear. )The same is true of National Library of France Heb. 831 manuscript, folio 386v and Oxford Bodleian Library Reg. 63 manuscript, folio 141r, although in the latter, neither occurrence of לנו appears.) The full list of manuscripts of this work is available in Dr. Ilan’s article, and many of them are available online.
[30] See Dr. Nahem Ilan, “He who has This Book Will Need no Other Book”: A Study of Mitzvot Zemaniyot by Rabbi Israel Israeli of Toledo (published in various languages in various journals), especially footnotes 80 and 81; it is quite apparent that Mitzvot Zemaniyot was used as the basis for their formulations of this custom.
[31] See Encyclopedia Judaica and Jewish Encyclopedia entries for David Ben Joseph Abudarham.
[32] Note that Shulchan Aruch appears to have completed the verse in the mnemonic (see footnote 2), as it does not appear in printings of Abudarham. It is also unclear if this mnemonic was created by Abudarham, or may have been known in communities that followed this practice. Some considerations include the usage of the term Purim as referring to Ta’anit Esther (see Sperber’s comments on this in a footnote to Minhagei Yisrael 1:24), the lack of testimony to it in other contemporary sources, and Abudarham’s general tendency towards such hints.

It is also fascinating to note that Avraham Almaliach (Meichayei Hayehudim Betripolitania, in Mizrach Uma’arav, Volume III, p. 124) writes that the custom of Libyan Jews was to refer to Tzom Gedaliah as Achi Kippur, the brother of [Yom] Kippur, since they always fall on the same day of the week, and therefore, they have a special relationship. Or Torah (Elul 5777, p. 1204) suggests that this hint, AKaF, also includes Tzom Gedaliah, interpreting the mnemonic as Achi KiPPur.
[33] See Encyclopedia Judaica and Jewish Encyclopedia entries for Israel Ben Joseph Al-Nakawa (or Alnaqua).
[34] In addition to Rema’s comments in Darkei Moshe (Orach Chaim 550:1), Levush (Orach Chaim 550:4) writes explicitly that these fasts are not announced, and the vast majority of Ashkenazic commentators/codifiers, as well as books of customs from Ashkenazic communities, make no mention of such a custom altogether.
[35] See e.g., Moshe Gavra, Mechkarim Besidurei Teiman – Shabbat Uvirchot Hanehenin, p. 216 and Shu”t Olat Yitzchak (Ratzabi), Orach Chaim 167 (p. 371).
[36] Evidence and discussion of this practice will be brought later in this article.
[37] Early versions of the Italian liturgy contain no such custom, and modern-day siddurim do. Further research is required to track exactly when these changes occurred for many of the communities influenced by Sephardim, including Italian communities.
[38] A more basic version of these questions appears in Sperber’s treatment of this topic (vis-à-vis the disagreement between Shulchan Aruch and Rema), found in Hebrew in Minhagei Yisrael Volume 1, Chapter 24 and in English in Why Jews Do what They Do: The History of Jewish Customs Throughout the Cycle of the Jewish Year, Chapter 11.
[39] These do not include kabbalistic approaches; for more on the kabbalah that relates to this, See Rabbi Chaim Ben Avraham Hakohen, Tur Bareket to Orach Chaim 550:4 (1654 Amsterdam Printing, p. 244) and text box following note 44 in Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman).
[40] Note that such announcements (not on Shabbat) are very ancient in nature; see footnote 12 for further documentation of this practice.
[41] See e.g. Shibbolei Haleket Section 170 (a 13th Century German/Roman Rabbi), who writes in the name of his brother that some don’t always come to synagogue on weekdays.
[42] Specifically, in communities where individuals may have formally accepted the fasts at Mincha (or Mincha-time) on the day before, this would make sure that the entire community was aware in advance. The notion of accepting the fast will be discussed at great length in Approach #3.
[43] Likely, by extension, Shulchan Aruch takes this approach as well; even though the language of Sefer Abudarham is not copied in Shulchan Aruch itself, it is copied in Beit Yosef Orach Chaim 550.
[44] The addition of these three opening words, which don’t appear in many of the early versions of this custom, indicate that this was viewed as an announcement. Almost identical language is found in Talmud Bavli Ketubot 28b, also in the context of alerting the community.
[45] In his critical edition of Machzor Vitry (Tefillot Shabbat, Section 16, footnote 2, p. 287), Rabbi Aryeh Goldschmidt suggests that if the focus of the announcement of the upcoming Rosh Chodesh, in accordance with various Rishonim, is to alert the community to the upcoming day of Rosh Chodesh so that they may properly follow the associated halachot, it is logical to assume that this announcement fills a similar need. If, however, the purpose of the announcement of Rosh Chodesh is some form of Kiddush Hachodesh (as suggested by Rokeach, Section 53), this pre-fast announcement should simply be a prayer. (Interestingly, in the Nissan 5775 (Volume 70) Or Yisrael Journal, p. 240, footnote 10, Rabbi Meir Rose supports the notion that the Rosh Chodesh prayer is an announcement from this following section about fasts.)

While the main comparison to the announcement of Rosh Chodesh is certainly valid, there are two clear issues with his argument:

  1. a) Since Machzor Vitry itself follows the former view (that the Rosh Chodesh announcement is intended to alert the public to the upcoming Rosh Chodesh, so that they can properly follow the laws of the day), one would expect that the same purpose is served by the announcement of the upcoming fast. However, Rabbi Goldschmidt concludes (based on some manuscript evidence) that this section functions only as a general prayer and follows some manuscripts which remove the day of the fast from this prayer! These manuscript issues will be discussed later in the essay, but there are various possible explanations for the omission of the day of the fast in those manuscript without creating somewhat of an internal contradiction.
  2. b) In terms of Rabbi Goldschmidt’s second comparison (to a watered-down version of Kiddush Hachodesh, which establishes the date as Rosh Chodesh), it would be more natural to view this announcement as a form of accepting the fast (which establishes the date as a fast day) rather than viewing it as a general prayer, which seems to be less related.

[46] As noted above, many Ashkenazic commentaries seem to ignore this ruling altogether, so this custom is addressed primarily by Sephardic commentaries.
[47] Although one could counter that the first opinion brought in Orchot Chaim (to recite this prayer in advance of all four fasts) clearly disagrees with this reason.

Fascinatingly, the custom to avoid announcing the fast of Tzom Gedaliah was addressed at length by Rabbi Menachem Ben Yosef Chazan in Seder Troyes, a 13th Century work addressing customs of Troyes. The printed version (Section 9; Weiss Edition p. 25) reads:

ומן הזכרת צום גדליה מצאתי בשם הר”ר יהודה ז”ל וז”ל היה קשה לי מפני מה אין מזכירין צום גדליה שהוא בחדש השביעי כמו שמזכירים צום הרביעי וצום החמישי וצום העשירי, לסוף נ”ל מפני יום כפור שאינן מניחים להזכיר צום גדליה, ועוד ט”א טוב שלא יטעו העם כשישמעו צום הרביעי ויסברו זיהו צום כפור ונפיק חורב’ מיניה, מ”ר יהודה עכ”ל. ואמנם מורי אבי היה מזכירו גם מנהג ק”ק טרוייש להזכירו גם בשבת, אך שאין מזכירים חדש תשרי כשאר החדשים

In regards to mentioning Tzom Gedaliah, I found in the name of Rabbi Yehudah z”l, and these are his words: “It was troubling to me, for what reason don’t we mention Tzom Gedaliah, which is in the seventh month, just as we mention the fast of the fourth, the fast of the fifth, and the fast of the tenth? It later seemed to me because of Yom Kippur that they do not allow to mention Tzom Gedaliah, and another reason it is good that the nation should not err when they hear the fast of the fourth and think that it is the fast of Kippur, and destruction will emerge from it. Rabbi Yehudah.” However, my father would mention it, and the custom of the holy congregation of Troyes was to mention it also on Shabbat, even though they don’t mention the month of Tishrei like other months.

These words are particularly hard to understand, no doubt due to a very corrupt text. If we restore this text from available manuscripts (Cod. Parm. 1902 and JTS Rab. 1489; unfortunately, this entire chapter is missing from the copy of Seder Troyes in the Austrian National Library Cod. hebr. 175 manuscript, and the German Senckenberg Ms. Oct. 227 has been catalogued incorrectly; it contains a different Seder Troyes (usually spelled differently in Hebrew), often printed at the back of standard copies of Sefer Haminhagim – Tyrnau), we find three very significant changes to the text:

  1. מפני יום כפור שאינו נזכר מניחים להזכיר צום גדליה. Presumably, since Yom Kippur is not mentioned, it seems inappropriate to give so much honour and exposure to a minor fast that is so close in proximity.
  2. שלא יטעו העם כשישמעו צום השביעי ויסברו זיהו צום כפור. If people misunderstand the “fast of the seventh” to refer to Yom Kippur, there are various issues that may arise, including not fasting properly on Yom Kippur itself. This is an obvious emendation and should have been changed even without other manuscript evidence.
  3. גם מנהג ק”ק טרוייש להזכירו גם כשחל רה בשבת. This text may indicate that they regularly announced Tzom Gedaliah on Rosh Hashanah, even when Rosh Hashanah coincided with the Shabbat prior, or the reverse.

Both this source and general topic requires much further study and analysis and could certainly serve as the basis of another full article of its own. Some additional sources to see are Rabbi Yair Rosenfeld, Hama’ayan 56:1, #215 (Tishrei 5776), p. 17 and footnote 12, Halachot Uminhagim – Hilchot Ta’aniyot (Kovetz Halacha Umesorah – Teiman), note 44 and Shu”t Olat Yitzchak (Ratzabi), Orach Chaim 167.

[48] Mark Mietkiewicz pointed out that in some communities, there might already be changes to the liturgy on these Shabbatot that would remind any attendees of the impending fast, even without explicitly noting the date of the fast, although one would expect that the same applies to Tzom Gedaliah as well, since it follows Rosh Hashanah.
[49] Indeed, Kaf Hachaim (Orach Chaim 550:27) rules in accordance with the view that this is not recited, and a quick survey of modern-day siddurim shows that this is the accepted view.
[50] And as brought by Sperber in Minhagei Yisrael 1:24 footnote 3, as evidence that not all “classic” Sephardic communities followed this rationale. One can add that Ateret Avot (Machon Moreshet Avot Edition, Volume II, Chapter 26 footnote 1 p. 378) writes that some communities in Jerusalem, Tunis and Djerba did not have the custom to announce fasts either.
[51] He even instituted that there should be further announcement on Shabbat, not just the prayer recited in the synagogue.
[52] This does seem superfluous in a world where synagogue calendars, which generally include this information, are so well disseminated, both in print and online forms, and it is possible that now, Rabbi Eliyahu would be more lenient in this regard than he was approximately 20 years ago.
[53] Although it is more likely that Orchot Chaim did not print the full prayer to save space, since an identical prayer was mentioned in the previous section to be recited on the Shabbat prior to Rosh Chodesh Av.
[54] Sefer Eitz Chaim, the selection from Seder Rav Amram Gaon, as well as the 12th Century Provencal work, Malmad Hatalmidim (Parshat Devarim), which explores why this verse was chosen to be recited in this passage.
[55] In the versions found in Eitz Chaim and Machzor Vitry, the words ונאמר אמן, which appear to conclude the prayer, appear before the citation of the verse. However, one could argue that this was recited after the answering of amen, and the evidence from Malmad Hatalmidim (above) appears to favour this interpretation.

If one looks to modern versions of this passage, there are various customs and siddurim that include the verse as part of the prayer (e.g. Siddur Sha’ar Binyamin – Damascus, p. 402), and many others that do not (e.g. Tichlal Hamevu’ar – Baldi (Korach Edition, p. 302)). Also note the Provencal custom to recite it, as recorded in the 1762 Amsterdam printing of Seder Le’arba Tzomot Ule’arba Parshiyot according to the Provencal custom.
[56] Sperber (Minhagei Yisrael 1:24 footnote 6) assumes that this refers to any Biblical fast (which would include Yom Kippur), and this seems to be the understanding of Rabbi Dr. Alter Hilewitz in his Chikrei Zemanim, p. 375 (Ta’anit Esther). In 1954, Sefer Keter Shem Tov (by Rabbi Shem Tov Gaugin) Volume IV p. 49 suggested that this refers to any fasts listed in the verse in Zechariah, and this is also the position taken by Rabbi Goldschmidt in his commentary to Machzor Vitry (p.p. 287-8, footnote 5).
[57] In line with the latter view above.
[58] As noted in footnotes 21, 47 and 55, similar emphasis is found in Eitz Chaim, Seder Troyes and Malmad Hatalmidim.
[59]  While Rabbi Goldschmidt puts tremendous emphasis on this point, even choosing to follow the versions that do not list the weekday, we will provide an alternate reading later in the article that significantly weakens the argument from this detail.
[60]  See further footnotes 23 and 24 for suggested emendations that attempt to resolve this contradiction, which may render the following suggestion unnecessary.
[61] As outlined in footnote 22, these works are strongly related.
[62] These two elements could be roughly equivalent to the two major components of Birkat Hachodesh, one of which is to announce the day on which Rosh Chodesh actually falls, and the prayer which follows.
[63] A similar argument was made in the Sinai periodical (Tishrei-Adar 5729, 64) by Rabbi Dr. Alter Hilewitz on p. 27 of his article on Ta’anit Esther. See also his article in Chikrei Zemanim referred to in footnote 56.
[64] See the views mentioned in Rabbi Goldschmidt’s footnote 2 on p. 287 of his edition of Machzor Vitry, referred to in footnote 45.
[65] See various details relating to fasting and crying or otherwise relating to troubles on Shabbat in Tur and Shulchan Aruch (and their various commentaries) to Orach Chaim 288 and note Mishnah Berurah Orach Chaim 307:3.
[66] Rabbi Amram Aburbia, in his Netivei Am (Orach Chaim 55:2 p.p.323-324 in the 5766 edition) appears to be the first to invoke this reason, although Professor Zvi Zohar (in his article on Rabbi Aburbia, published in Harav Uziel Uvnei Zmano, p. 148) understands this not to be the rationale of Rema in his disagreement with Shulchan Aruch, but rather, an external reason which happens to support Rema. This is quoted by name in a few Sephardic works, and interestingly, appears word for word in Nitei Gavriel Hilchot Chanukah (Chapter 60, footnote 2) in the name of “Poskim”. Rabbi Yitzchak Abadi (Shu”t Or Yitzchak 1:216) also mentions this possibility.
[67] See mentions of this custom in Mordechai (Hagahot Tish’a B’av, found in Hagahot Mordechai to Moed Katan Section 934, citing Tosfot), Orchot Chaim (Seder Tefillat Shabbat – Shacharit, note 7) and Kol Bo, Chapter 37. See also Sefer Yisrael Vehazemanim (Rabbi Mordechai Hakohen, Volume II, p. 225), who writes that the custom to avoid blessing Rosh Chodesh Av is related to (if not influenced by) the hesitation to announce upcoming fasts on Shabbat.

One could argue that there is a connection between these two practices, although a less direct one. Although Mordechai (cited above) brings the custom to not announce Rosh Chodesh Av on the Shabbat prior, he also brings a number of objections to this practice, and concludes that one should announce even Rosh Chodesh Av. One objection brought is that one should specifically pray for blessing in this month, since it is “מוכן לפועניות”, or, in other words, a time of bad luck. One could make a similar argument regarding announcing the fasts, which might have been instituted specifically to pray for a reversal. Those who opposed this custom might not have felt it to be that important to pray for the upcoming month (or that mentioning these fasts would be in some way inappropriate).
[68] The various footnotes on this section list some of those who do raise this possibility.
[69] Quite shockingly, despite significant overlap between his own presentation and the presentation of Gra (and Aruch Hashulchan), Sperber does not mention their views at all throughout his article, which is especially strange since he focused on the disagreement between Shulchan Aruch and Rema, and quotes lesser-studied commentaries, such as Kaf Hachaim. This was later pointed out to him by two colleagues, Professor David Henshke and Rabbi Chaim Cohen (of Ramat Modi’in), and he noted this omission in Minhagei Yisrael 4, p.p.249-50.
[70] The details and exact parameters of this statement (e.g. which body decides whether or not they wish to fast – individuals, communities, or the entire Jewish people?) are discussed by various Rishonim and Acharonim, and are far beyond the scope of this article. Some details are discussed by Sperber in his presentation of this view, and interested parties are referred there.
[71]  See Sperber’s article (Minhagei Yisrael 1:24), which includes Mar Rav Cohen Tzedek cited in Shibolei Haleket 278, Rabbeinu Chananel (Rosh Hashanah 18a), Rashba (Rosh Hashanah 18a), and other Geonim. Be’ur Hagra to Orach Chaim 550:1 seems to identify Tosfot (Megillah 5b, d.h. verachatz) as potentially agreeing with this group of authorities, or at the very least, taking a lighter stand than Ramban (cited in the coming notes).
[72 ]The fast of Gedaliah, the 10th of Tevet, and the 17th of Tammuz. The Talmud in Rosh Hashanah continues with a discussion of the differences between the 9th of Av and the remaining three fast days. Various commentaries there address whether it is possible that the 9th of Av may also have this status; while the majority assume that the 9th of Av is not subject to the will of the public, there is a minority view which does understand that the 9th of Av is equivalent to the other “minor” fasts – see Rashba Megillah 5b, as well as Tur Orach Chaim 550 with Bach; the view of Rashba is elaborated upon by Rabbi Asher Weiss in “Gidrei Hatzomot Bazman Hazeh” (5777).
[73] This view is generally identified with Ramban (Torat Ha’adam Sha’ar Ha’evel – Inyan Aveilut Yeshanah, Chavel edition p. 243), who is widely cited by modern-day authorities, and is identified by many as the source of Tur’s comments in Orach Chaim 550.

In that passage, Ramban offers two reasons for fasting, which appear to be distinct: a) the Jewish people have accepted this as a custom, and one must not veer from that custom, b) various communities are experiencing persecution, and therefore, these fasts return to their original status, that of Divrei Kabbalah as established by Nevi’im. However, Tur omits the detail of persecution, and it is not clear if he assumes that these fasts return to their original status just through our acceptance of them. This confusion is compounded by various authorities who mix these reasons without clarifying, and who compare other views to them. It is particularly hard to understand Sperber’s classifications in Minhagei Yisrael 1:24. A much clearer classification of views is provided by Professor David Henshke, who is quoted by Sperber in Minhagei Yisrael 4, p. 249.
[74] Yom Kippur certainly does not require acceptance, and as noted in footnote 72, the vast majority of authorities agree about the 9th of Av as well. Note also Talmud Bavli Ta’anit 11b and 12b, that the only public fast day in Babylonia is the 9th of Av.
[75] Birkat Eliyahu commentary on Be’ur Hagra, p. 212, footnote 2 notes that although Gra also states that Ra’avad wrote the same, the author was unaware of a source. It is possible that Gra is referring to the second answer of Ra’avad cited in Rosh Ta’anit 2:24, which is similar to the approach detailed above. Once again, there is a lot more to be said about the status of Ta’anit Esther, but this is not the forum for it. Various authors have written excellent articles on it, and some of them incorporate this comment from Gra.
[76] See Minhagei Yisrael 1:24, footnote 28 (spanning p.p.175-177), much of which is relevant to Gra’s view as well.
[77] Only Ba’er Hagolah, Nachalat Tzvi and Gra cite Ramban by name as the source for Shulchan Aruch, and Gra also cites a dissenting view. However, Machatzit Hashekel and Ma’amar Mordechai also make reference to Ramban’s view (all commentaries are found in Orach Chaim 550:1).

Truthfully, the association with Ramban likely depends on how one understands the two statements made by Ramban (see footnote 73), since Shulchan Aruch uses similar language to both Ramban and Tur but omits their key statement that the status returns to one of Divrei Kabbalah. Sperber argues therefore that Shulchan Aruch believes that these fasts are theoretically dependent on community will, but we simply have a strong custom which cannot be violated. See Magen Avraham Orach Chaim 550:1 as well.
[78] One could resolve this contradiction by suggesting that historically the custom was intended as a form of acceptance but was later adopted and adapted by these authorities (perhaps as an announcement), despite their disagreement with the original reason.
[79] Although one could reasonably argue that this view is parallel to the minority view that the Rosh Chodesh announcement is a form of Kiddush Hachodesh, which also creates the status/sanctity of that day and informs our behaviour on it, that view is almost universally rejected; see Rabbi Goldschmidt’s notes to Machzor Vitry (Tefillot Shabbat, Section 16, footnote 2, p. 287). See further footnotes 45 and 64.
[80 Compare this to the regular prayer used to accept fasts during the Mincha prior, which explicitly mentions acceptance.
[81]  Machzor Vitry, Eitz Chaim, Orchot Chaim and Kol Bo.
[82]  The addition to Seder Rav Amram, Mitzvot Zemaniyot, Abudarham and Menorat Hama’or.
[83] This is far from being universally accepted; see Tur and Beit Yosef to Orach Chaim 562 and 563 for extensive discussion of sources on this topic. In particular, the view of Rabbeinu Tam (cited there) that an actual verbal acceptance may not be necessary at all would seem to support the notion that an announcement in advance might qualify as a formal acceptance of a fast.
[84]  Note the very strong disagreement with this view from Taz, Orach Chaim 562:16 and 563:1. For further discussion, see Magen Avraham Orach Chaim 563:1, Peri Megadim (Mishbetzot Zahav) Orach Chaim 563:1, Sha’ar Hatziyun to Orach Chaim 562, note 37, and various other sources in these two sections of Orach Chaim.
[85]  Note: there is no indication that this happens on Shabbat.
[86] Tur writes “תענית שגוזרין על הציבור אין כל יחיד ויחיד צריך לקבלו תחלה אלא ש”ץ מכריז התענית והרי הוא מקובל וכל שכן תעניות הכתובים בפסוק”. Sperber assumes that the final clause, which references the fasts listed in Zechariah, is referring to Tur’s comment that the Shaliach Tzibbur announces it, and then it takes effect. It seems more likely that Tur is referring back to the fact that it needs not be accepted, and that an announcement is necessary only when a fast is being instituted anew, but that for an established fast, there is no need for an announcement. This fits well with the usage of “כל שכן” by Tur here. Additionally, Tur himself clearly follows the stringent opinion of Ramban that these fasts have returned to their original status of Divrei Kabbalah, and also does not bring the custom of announcing the fasts on Shabbat.
[87] Sperber notes Levush (Orach Chaim 562:12) and Elyah Rabbah (note 11)/Zutah (note 4), who are followed by a number of later commentaries.
[88] See Sperber’s conclusion. See also Aruch Hashulchan Orach Chaim 562:32.
[89] Albeit with some reluctance. Rabbi Blau, in his notes to Mitzvot Zemaniyot, footnote 6, understands that Mitzvot Zemaniyot follows suit, and traces this to Rosh Ta’anit 1:13 (citing Ra’avad) that an announcement certainly works to accept a fast, and it would not require a formal acceptance. This is significant, since Mitzvot Zemaniyot (and following it, Menorat Hama’or) appears to be influenced by the school of Rosh, and such an announcement may have been far more acceptable at that time and place than at later times. On the other hand, Rosh also does not allow for early acceptance of the fast, as noted above, so this approach is hard to understand.
[90] For example, the language of Kol Bo seems to indicate that each individual recited the formula, as the printed versions read “ואומרים” prior to the text recited. Having an individual acknowledge out loud that the fast will be taking place on a specific day is tantamount to verbal acceptance. However, other (earlier) printings and manuscripts only had the word ואומר or a shortened form from which no conclusions can be drawn.
[91] See Levush, Orach Chaim 562:9, Magen Avraham 563:1 and commentaries for further discussion of this.
[92] The full citation of Mitzvot Zemaniyot is:

ואמנם שאר הצומות כשנופל ביום שבת, ואפילו ט”ב, ידחה ליום ראשון שלאחריו. וצריך להזהר בהם ולהזכירם ש”ץ ביום השבת הקודם אחר ההפטרה קודם שיאמר אשרי

However, it is far from certain that this was his intention, since those who relied upon this passage (Abudarham and Menorat Hamaor) interpreted it as referring to any fast which falls within the same week. Furthermore, the wording used includes “יום פלוני”, which would be entirely unnecessary if it was only ever practiced when a fast fell on Sunday.
[93]  Manuscript Shin, MS ex-Sassoon 535, which is the oldest, and possibly most authentic version. Rabbi Goldschmidt writes (Shinuyei Nus’cha’ot there, note 14) that this requires further study.
[94] Manuscript Nun, JTS Library MS no. 8092 and Manuscript Mem, Russian State Library, Guenzburg Collection, MS 481.
[95]  Sections 222, 499, 500, and Hilchot Pesach, Sections 23, 106, 108, albeit without the lamed prefix.
[96]  The only manuscript which does not support this reading is the British Museum MS no. 655, which contains various additions (see Rabbi Goldschmidt’s introduction to Machzor Vitry, where he dedicates Chapters 7 and 8 to discuss this manuscript). We can only speculate as to whether this was accidentally or purposefully changed, and it may have been due to a different custom at that time, or a harmonization to the custom of mentioning Rosh Chodesh.
[97]  It is still unlikely that this was the intention of Machzor Vitry, for there would be no reason to include the 9th of Av, for as part of the school of Rashi, the author would have understood that the 9th of Av does not require any form of acceptance (see Rashi to Rosh Hashanah 18a and Megillah 5b; contrast to the view of Rashba, mentioned in footnote 72). One other plausible explanation would be that this announcement was made on the day before every fast, not necessarily on Shabbat only; compare the language of Seder Troyes cited in footnote 47.

Note as well that if the fasts were originally scheduled for Shabbat, but pushed to Sunday, that may also be a basis for accepting them early (meaning, on the day that they were originally scheduled to take place on), or general leniency. This factor is discussed in Aliba Dehilchesa 97 (Haminhag Veta’amo, p. 36), in regards to the possibility of requiring an announcement prior to when the fast of Tish’a B’av falls on Shabbat, and by Rabbi Yair Rosenfeld, Hama’ayan 56:1, #215 (Tishrei 5776), p. 17 and footnote 12 in regards to Tzom Gedaliah.




The Rogochover and More: Excursus on Fasting

The Rogochover and More: Excursus on Fasting
Marc B. Shapiro
Relevant to what appeared in the last post (see note 13), I wish to mention some leniencies regarding fast days that contradict mainstream halakhah. I have also included other interesting material regarding the fast days.
1. R. Israel Jacob Fischer, dayan on the beit din of the Edah Haredit, stated that in our day all pregnant women up until the ninth month must eat on Yom Kippur פחות מכשיעור. See his haskamah to R. Baruch Pinchas Goldberg, Penei Barukh (Jerusalem, 1985), where he writes:
כיום הזה שנחלשו הדורות, ועשרות רבות של נשים מפילות ע”י התענית, צריכין כל הנשים המעוברות עד החודש התשיעי לאכול ביוהכ”פ פחות מכשיעור.
For a criticism of this great leniency, which contradicts Shulhan Arukh, Orah Hayyim 617:1, see R. Eliezer Waldenberg, Tzitz Eliezer, vol. 17, no. 20. Elsewhere, R. Fischer states that pregnant women are forbidden to fast on Tisha be-Av.
מעוברת אסורה להתענות בת”ב, ואין כאן דין שיעורים, כי במקום סכנה לא גזרו חז”ל
See Even Yisrael, vol. 9, no. 62. This too is at odds with Shulhan Arukh, Orah Hayyim 554:5, which rules that pregnant women are obligated to fast on Tisha be-Av.
In an article on the OU website[1] R. Y. Dov Krakowski writes:
There are those who are Noheg that pregnant women do not even begin to fast on Tisha B’Av (there is very little if any Halachik backing to this hanhaga, but many of the chosheve senior Poskim have such a Mesorah. I have personally heard this from many family members who heard this from my great uncle the Veiner [!] Rov Zetzal and from my wife’s grandfather Harav Lipa Rabinowitz who says it in the name of his grandfather the Sundlander Rov Zatzal).
R. Yosef David Weissberg also reports that many halakhic authorities rule that in contemporary times pregnant women are not obligated to fast on Tisha be-Av.[2]
2. R. Akiva Joseph Schlesinger writes that he has a tradition from the Hatam Sofer that pregnant and nursing women should only fast on Yom Kippur, and even women who are not pregnant should only fast on Tisha be-Av and the other fast days if they are very healthy.[3] He also quotes an oral tradition from the Hatam Sofer which seems to be saying that if he had the authority, he would have abolished the fast days other than Yom Kippur and Tisha be-Av. (See note 4 for another source where the Hatam Sofer says this explicitly.)
ובפרט אחרי כי בא חולשא לעולם, שמענו מהחת”ס זיע”א שאמר אי לאו דמיסתפינא כלפי ד’ תעניות חוץ מיוהכ”פ ות”ב מטעם חשש סכנה לכמה בני אדם, ובפרט לנשים ה’ ירחם, ולא להניח לבנותיו להתענות חוץ מהנ”ל.
His last words are not entirely clear. I think they mean that he would have preferred not to allow his daughters to fast except on Yom Kippur and Tisha be-Av, but not that he did so in practice. He does not say ולא הניח לבנותיו but ולא להניח לבנותיו.
The editor adds a note explaining the passage just quoted, but he misunderstands what R. Schlesinger means when he writes .מטעם חשש סכנה לכמה בני אדם He also mistakenly understands the passage to mean that the Hatam Sofer forbade all women to fast, other than on Yom Kippur and Tisha be-Av.
כאן כתב רבינו פסק החת”ס לענין שאר תעניות, דהיה אוסר להתענות לכל הנשים ואפילו למי שאינם מעוברות ומניקות, ולאנשים היה מתיר לכמה בני אדם אי לא דמסתפינא, אבל לנשים החליט להיתר.
R. Schlesinger also states that the rabbis did not allow women to fast except for Yom Kippur and Tisha be-Av.
בענין התעניות, בחולשתינו, רבותינו לא הניחו לנשים להתענות חוץ מט”ב ויוהכ”פ.
R. Schlesinger himself suggests that the women not fasting should give some money to charity and fast a few hours or even abstain from food the evening before the fast actually begins.
Returning to the Hatam Sofer’s comment that if he had the authority, he would abolish the fast days other than Yom Kippur and Tisha be-Av, the exact same thing was said by R. Abraham Joshua Heschel of Apta. He added that on Yom Kippur, who needs to eat (since we should be so involved in our prayers), and on Tisha be-Av, who is able to eat (as we should be so focused on mourning what we have lost)?[5]
אם הייתי בכוחי הייתי מבטל כל התעניתים חוץ מיום המר והמנהר (הוא ט’ באב), שאז מי יוכל לאכול. וחוץ מיום הקדוש והנורא (הוא יום כפור), דאז מי צריך לאכול.
R. Abraham also reported that he was told by his teacher, R. Elimelech of Lizhensk, that if he could find two others to join with him, he would abolish “the fasts” (presumably, everything except for Yom Kippur and Tisha be-Av).[6]
3. R. Ovadiah Yosef, Yabia Omer, vol. 10, Orah Hayyim no. 39, discusses the laws of a nursing woman and the various fasts. On p. 503, in the hosafot u-miluim, he adds:
מש”כ להקל במינקת שאפילו הפסיקה להניק אם היא בתוך כ”ד חודש ללידה פטורה מלהתענות ג’ צומות ותענית אסתר. יש להסתייע ממ”ש הגאון בעל דרכי תשובה בשו”ת צבי תפארת סוף סי’ מח: וז”ל: ודע כי שמעתי מפה קדוש של מורי הגאון הקדוש אדמו”ר רבי יחזקאל משינאווא זצללה”ה, שאמר, כי הוא מקובל מגאוני וצדיקי הדור הקודמים זצ”ל, שכל אשה שעומדת עדיין בימים שיכולה ללדת, ובימי הצומות היא חלושת המזג, אפילו היא בריאה ושלימה, נכון יותר שלא תתענה, ורק לאחר שיפסוק זמנה מללדת עוד, אם תהיה בבריאות תשלים אותם התעניות, לחיים ברכה ושלום. ע”כ
This is a fascinating passage as R. Ovadiah is quoting R. Zvi Hirsch Shapira in the name of R. Ezekiel Halberstam of Shinova, who himself is passing on a tradition from earlier geonim and tzadikim, that women of childbearing age, even if they are not pregnant, do not have to fast if they feel weak. This ruling is in contradiction to Shulhan Arukh, Orah Hayyim 550:1, which states that women are also obligated to fast on the 10th of Tevet, 17th of Tamuz and Tzom Gedaliah, and does not give any exemption if they feel weak (as pretty much everyone feels a little weak when fasting). As we have already seen, R. Akiva Joseph Schlesinger states that “our rabbis” did not allow any women, not just those of childbearing age, to fast on these days.
R. Meir Mazuz, Sansan le-Yair (2012 ed), p. 354, notes this passage of R. Zvi Hirsch Shapira and reacts very strongly:
והוא נגד חז”ל חכמי התלמוד וכל הפוסקים שלא התירו רק למעוברת ומניקה. ומזה למדו רוב המורות והתלמידות בבית יעקב בימינו שלא לצום כל ד’ תעניות, ואוכלות בריש גלי בשעת ההפסקה כאילו לא היו ד’ תעניות בעולם ולא תיקנו אותם הנביאים.
Is R. Mazuz correct that most teachers and students at Bais Yaakov schools do not fast on the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther? I know that in the yeshiva world many do not fast, but my question is, is this really the majority, and are there any differences between Bais Yaakov schools in the U.S. and Israel? (Even though R. Mazuz refers to ד’ תעניות established by the prophets, I am assuming he means the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther, as religious women of all stripes fast on Tisha be-Av.)
See also here where R. Yitzhak Yosef states that he heard that in some seminaries they tell the young women that they do not have to fast except for Yom Kippur and Tisha be-Av.
When I told a friend about what this post is focused on, he mentioned that he knows that many women do not fast other than on Yom Kippur and Tisha be-Av, but that he never heard of a “mainstream” posek who had this position. From R. Mazuz’s harsh comment it seems that he too assumes that there is no real halakhic basis for the practice of not fasting. My response to my friend, which I now share with readers, is that you can’t get any more mainstream than the great R. Shlomo Zalman Auerbach, and this was indeed his position. In Halikhot Shlomo: Moadei ha-Shanah, Nisan-Av, p. 401 n. 16, the following appears:
ולענין נשים הי’ דרכו של רבנו להשיב לשואלים שהמנהג במקומותינו היה שהנשים אינן מתענות כלל, ואף הנערות, מלבד תשעה באב ויוהכ”פ. אבל לאנשים אין להקל כלל בד’ תעניות ותענית אסתר יותר מהבמואר בפוסקים.
It is hard to criticize women for not fasting on the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther when R. Shlomo Zalman Auerbach saw no problem with this practice.
As with R. Mazuz, R. Eliezer Shlomo Schik, here, uses the expression “4 fast days” and it refers to the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah and Ta’anit Esther. He notes that the practice in Breslov is that no women fast on these days. I have been told that among other hasidic groups there is variation. Some women fast on these days, others never fast, and some do not fast if they are married and of childbearing age. (In discussing unusual leniencies, there is no need to mention standard kulot that deal with pregnant and nursing women.)
R. Yohanan Wosner, a dayan in the Skverer community, writes that while some permit married women of childbearing age to forego the fasts (other than Tisha be-Av and Yom Kippur), there are those who permit even unmarried women to do so.[7]
In R. Simhah Rabinowitz’s Piskei Teshuvot, Orah Hayyim 550:1, he states that a few great figures (gedolei ha-dorot) were lenient and permitted all women of childbearing age to forego the fasts (other than Tisha be-Av and Yom Kippur). I must note, however, that none of the figures he refers to were halakhic authorities. The first source he cites was mentioned by me in the last post, note 13.[8] In it we see that the hasidic master R. Nathan David of Szydłowiec said that no women of childbearing age should fast, except for on Yom Kippur. The fact that he said that even on Tisha be-Av such women should not fast is, I think, quite radical. The passage also records a subversive comment from R. Ezekiel of Kozmir about how the Anshei Keneset ha-Gedolah, who instituted the fast days, are embarrassed now because they did not anticipate the much weaker recent generations. R. Ezekiel  The point of such a comment was presumably to “give cover” for those who find it difficult to fast and thus choose not to.
ושמעתי מחסיד ישיש א’ שנסע להרה”ק ר’ יחזקאל מקאזמיר ז”ל שהוא היה מקיל גדול בתעניות, ואמר שאנשי כנסה”ג שתקנו התעניות מתביישין על שלא הסתכלו בדורות אלו, וסיפר כמה ענינים מקולותיו שהיה קשה לי לכתוב, ובשם רבינו הקדוש ז”ל מפאריסאב שמעתי שאמר בזה”ל מוזהר ועומד אני מהה”ק ר’ נתן דוד ז”ל משידלאווצע לדרוש ברבים ששום אשה שראויה עדיין לילד לא תתענה כ”א ביום הקדוש, ולכן עכ”פ אדרוש זאת לידידיי.
The second source R. Rabinowitz cites is a report that R. Menahem Mendel of Kotzk said that with women one must be lenient when it comes to the fast days, as they need strength to give birth.[9]
שמעתי מהה”ג מהו”ר מאיר בארנשטיין ז”ל ששמע מפ”ק כ”ק מרן הקדוש זצוקלל”ה מקאצק דבאשה יש להקל בתעניות משום שצריכה כח להוליד בנים.
This is a very sensible statement which incidentally all poskim would agree with. But contrary to what R. Rabinowitz states, it says nothing about exempting women of childbearing age from any fast days. It only says that when dealing with such women the posek should be lenient.
The final source R. Rabinowitz quotes is from R. Ezekiel Halberstam of Shinova which was mentioned already.
4. R. Sadqa Hussein (1699-1772) was the leading rabbi in Baghdad in his day. He ruled that no pregnant women should fast on Tisha be-Av, as it was so hot in Baghdad that fasting created a situation of sakanat nefashot.[10]
5. Here is a fascinating section of a 1953 letter from Joseph Weiss to Gershom Scholem.[11] It provides evidence that there was a time that members of the Ruzhiner “royal family” did not complete the fast of Tisha be-Av.[12] Do any readers know anything about this?
 
It could be that this practice relates to the tradition that R. Israel of Ruzhin died at the premature age of 54 as a result of fasting on Yom Kippur. Ahron Marcus writes:[13]
הוא נפטר מצמאון הלב שנגרם לו, כעדות הרופא המפורסם מלבוב, ד”ר יעקב רפפורט, ביום הכפורים האחרון תרי”א, כאשר התגבר על הבולמוס של צמא והשלים את תעניתו, מבלי לגמוע טיפת מים במשך היממה. הרבנים הנוכחים, אשר מורי הרבי שלמה רבינוביץ זצ”ל גינה את מבוכתם, לא העיזו להתיר לו את השתיה, על אף הדין המפורש בשולחן ערוך במקרה כזה. הוא הסתפק בכך, שטבל את קצות אצבעותיו בקערת מים ונשם את ריח המים, ובזה הגביר את ענוייו. המסכנים לא הבינו, כי גופו של אותו צדיק, על אף כפיפותו המוחלטת לכוחות הנפש, היה נתון לחוקי טבע רגילים. הוא לא שב לאיתנו, ונסתלק בג’ מרחשון.
In discussing this story, R. Shlomo Yosef Zevin writes:[14]
ומכל הרבנים הגדולים שהיו שם לא עלתה אף על דעת אחד מהם, שאם הצדיק אמר כן, בודאי הוא מרגיש כי בנפשו הוא, ויש פקוח נפש בדבר. שתקו הרבנים ומכיון שלא התירו לו, סבל הצדיק, וקפצה עליו מחלת הלב, שקורין “הערץ-וועסער זוכט”, ומאנה להרפא. מחלתו נמשכה עד יום ג’ מרחשון, ונשמתו הטהורה עלתה אז לגנזי מרומים.
This is obviously an extreme example of being “frum” at someone else’s expense, in this case at the expense of literally his life.
Regarding R. Israel of Ruzhin, it is also recorded that he said that if someone feels a little bit weak he should not fast.[15]
וכשם שמצוה לשמור ישראל מעבירה כן מצוה ליזהר לכל איש אם יש לו מעט רפיון כח שלא יתענה.
It is not clear if this advice refers to all fasts, including Yom Kippur and Tisha be-Av.
Since the above-mentioned permission to eat on Tisha be-Av – and no doubt this also applied to the other fast days aside from Yom Kippur – was reserved for members of the Ruzhin “royal family,” it reminded me of a passage in R. Moses Sofer, Hatam Sofer al ha-Torah, vol. 2, p. 165a (haftarah for parashat Pekudei). The Hatam Sofer states that in theory, if one is able to focus all of his intentions on the glory of God, without getting any physical benefit, then it would permissible to eat on Yom Kippur. But he adds that this is something that only gedolei Yisrael can accomplish.
דודאי לאכול ביה”כ לשם מצוה אם אדם יכול לכוון כל מחשבתו לכבוד ה’ בלי שום כונה אחרת להנאת הגוף אזי היא צורך גבוה כמו קרבנות נשיאים ועוד טוב ממנו ויפה דנו ק”ו אך מי יכול לעמוד בזה כ”א גדולי ישראל שהרי משום כך ס”ל לאבא שאול [יבמות לט ע”ב] מצות חליצה קודם למצות יבום לרוב העולם שאינם יכולי’ לעמוד על מחשבתם שלא לכוון להנאת הגוף.
6. R. Joseph Mordechai Yedid Halevi, Yemei Yosef (Jerusalem, 1913), vol. 1, Orah Hayyim, no. 9, states that scholars and melamedim, if their fasting will affect their learning or teaching, are not obligated in any of the fasts other than Yom Kippur and Tisha be-Av. He says that his ruling is halakhah ve-lo le-ma’aseh.
7. The practice in Stockholm used to be that the community ended the fast of the 17th of Tamuz nine and a half hours after hatzot, which is before it is dark. This practice was defended by R. Benjamin Zvi Auerbach in his Nahal Eshkol, Hilkhot Tisha be-Av, p. 16 n. 1. I have heard from R. Chaim Greisman, the Chabad rabbi in Stockholm, that today they end the fast of 17th of Tamuz when it is dark. According to the times provided on www.chabad.org, in 2018 this will be at 11:38pm, with the fast beginning that morning at 12:51am (alot ha-shachar).[16] R. Michael Melchior, the chief rabbi of Norway, informs me that they also end the fast at darkness. This means that in 2018 in Oslo the fast of the 17th of Tamuz will end at 12:19am, with the fast beginning at 1:20am.[17]
R. Aaron Worms, Meorei Or, vol. 4 (Be’er Sheva), p. 14b, writes as follows about the northern European countries:
וכבר שמענו שהקילו רבנים קדמונים במדינו’ ההם לסיים תעניתם בצום הרביעי וצום החמישי בעוד היום גדול בשעת חשיכה לרוב גלות ישראל ואף שתענית שלא שקעה עליו חמה לאו תענית שאני התם שמעקרא לא קבלו יותר מרוב ישראל.
Notice how he also refers to ending Tisha be-Av (tzom ha-hamishi) when it is still daylight. The justification he offers is the same as was later given by R. Auerbach, but R. Auerbach’s justification was only stated with regard to the 17th of Tamuz, not Tisha be-Av.
8. R. Ernst Gugenheim, Letters from Mir (New York, 2014), p. 106, wrote as follows in 1938:
Tomorrow [the day before Purim] will be a day of fasting. Here [in the Mir Yeshiva], they are rather meikil with respect to this viewpoint, and many bachurim, too weak, do not fast completely. It is true that every day for them is a day of half-fasting, such that they are quite weakened.[18]
9. R. Mordechai Eliyahu ruled that a pregnant or nursing woman can break her fast on Tisha be-Av if she is having difficulty fasting, and she does not need to ask a halakhic question. Rather, she is to determine herself if it is too difficult for her.[19] In 2007, because it was very hot on Tisha be-Av, R. Eliyahu ruled that no pregnant women needed to fast.[20]
10. R. Shmuel Salant was very liberal when it came to the fasts other than Yom Kippur and Tisha be-Av. If someone merely said that he was thirsty and wished to drink, R. Salant would immediately tell him to do so. If someone told R. Salant that fasting was difficult for him, R. Salant would permit him not to fast, and he did not ask for any particulars from the questioner. This was based on a teaching he had from R. Isaac of Volozhin, “that one safek sefeka related to pikuah nefesh pushes aside many fasts.”[21] Once, on a fast day between minhah and maariv, he heard someone say that he was thirsty and was waiting for maariv so that he could drink. R. Salant immediately got the man a cup of water and told him to drink it.[22]
A similar approach is recorded with regard to R. Meir Shapiro[23].
והיה אומר כי בדורות החלשים כבימינו כל מה שאוכלים הוי ככדי חייו, וצום הוי כסכנה לאנשים רבים, ולכן התיר להרבה לאכול בימי צום.
11. R. Haim Ovadia, a contemporary liberal Orthodox rabbi, argues that the minor fasts (which include all fasts other than Yom Kippur and Tisha be-Av) are optional in today’s day and age. See his discussion here. He concludes his analysis as follows:
In the current state of the Jewish people in Israel and abroad, the Talmudic rule demands that fasting on the minor fast days should be optional, and according to Ha’Meiri, fasting would even be forbidden, maybe because it shows lack of gratitude to God. For that reason, one who chooses not to fast on these days cannot be considered one who breaches the law, and can definitely rely on the ruling of Rashba. Hopefully, in the coming years, more and more individuals will choose to acknowledge the fact that we leave [!] in better times and develop a more positive worldview, and as a result maybe persuade the rabbinic leadership to reassess the situation and leave us with only two fast days, Tisha Be’Av and Yom Kippur, thus making those two much more meaningful.
12. R. Herschel Schachter, Nefesh ha-Rav, pp. 261-262, writes:
כשהורי רבנו התחתנו, שלח הגר”ח להודיע להכלה מרת פעשא שא”צ להתענות ביום חתונתה, כי כך היה דן כל אדם בזה”ז כחולה שאב”ס, שא”צ להתענות בשאר תעניות [ואפי בט’ באב, כדעת המחבר (תקנ”ד ס”ו) והאבני נזר (חאו”ח סי’ תכ”ט), ודלא כדעת הט”ז (שמה סק”ד), (כן שמעתי)] חוץ מביוה”כ. . . . נהג רבנו להתענות בכל התעניות, ואפילו ביאה”צ.
R. Schachter cites R. Chaim Soloveitchik as saying that today everyone is regarded as suffering from a non-life-threatening illness and thus there is no obligation to fast other than on Yom Kippur. He adds that R. Joseph B. Soloveitchik did not follow this view but fasted on all the fast days, including when he had yahrzeit.
This is a radical view, as I do not know anyone else who stated that other than Yom Kippur, there is no longer an obligation to fast, even on Tisha be-Av. I must note, however, that there is no real source for this report in the name of R. Chaim. I spoke to R. Schachter about this and he told me that there is also a story that R. Chaim left a will stating that people should not fast on Tisha be-Av. Again, there is no source for this report, and like many such stories it is hard to know if there is any truth to it. Had R. Chaim felt strongly about this matter he could have announced his supposed view to his community, but he never did so.
There is something else that should be mentioned in this regard. The late Professor Aaron Schreiber told me that he heard from R. Simcha Sheps, who studied in Brisk, that one day on the 17th Tamuz he visited the Brisker Rav, R. Isaac Zev Soloveitchik, in Jerusalem. He entered the Brisker Rav’s home and found him at the table eating! It is hard to know how much faith we can put in such a report as with the passage of time people’s memories can change. Someone I know was told by R. Ahron Soloveichik that the Brisker Rav ate on Tishah be-Av, but this was for a medical reason, not because of any halakhic rationale regarding the current binding nature of the fasts.
13. The Ben Ish Hai, parashat Shoftim (first year), no. 17, rules that a groom – the same would apply to a bride – within the week of his wedding does not fast on Tzom Gedaliah, 10th of Tevet, Ta’anit Esther, and 17th of Tamuz. [24] He adds this was the practice in Baghdad.[25] (The exemption from fasting on Ta’anit Esther is mentioned by many others.[26])
R. Ovadiah Yosef is more stringent in this matter. He states that only if the 17th of Tamuz is pushed off to Sunday (and this would apply to the other fasts as well), then the bride and groom do not need to fast.[27]
R. Elijah Mani, another Baghdadi, records an additional liberal opinion (which he himself does not accept) in line with what the Ben Ish Hai wrote.[28]
נשאלתי אם החתן חייב להתענות [בעשרה בטבת]. ואני שמעתי ממורי הי”ו [הרב עבדאללה סומך] ששמע מהרב הגדול משה חיים זלה”ה, שאומר לחתן כרצונו אם תרצה להתענות ואם תרצה שלא להתענות.
14. R. Shmuel Wosner, Shevet ha-Levi, vol. 8, no. 261, states that someone who flies from Israel to the United States on a fast day such as the 17th of Tamuz does not need to wait until it is dark in the United States in order to break his fast. Rather, he can break the fast at the time that it is over in Israel. Since R. Wosner writes ביום תענית וכמו בי”ז בתמוז  I assume that he excludes Tisha be-Av from this lenient ruling.[29]
15. In my post here I discussed the original halakhic approach of R. Yitzhak Barda. When it comes to the fast days he also has an original perspective in that he holds that on Tzom Gedaliah, 10th of Tevet, Ta’anit Esther, and 17th of Tamuz, one can break the fast at sunset rather than waiting until darkness, which is the standard practice. See here. This is a more lenient position than his earlier approach found in his Yitzhak Yeranen, vol. 3, no. 20 and vol. 5, no. 41, where he only permits one to break the fast of the 10th of Tevet at sunset when the fast is on Friday.
16. In Teshuvot ha-Geonim: Shaarei Teshuvah, no. 325, the following appears:
זקן חלש שהיה מתענה ובתוך התענית שעבר עליו רובו של יום בתענית וכבר בא לידי חלישות בענין שחושש לסכנה מאכילין אותו אפילו ביום כיפור ולא שבקי ליה דימות וגמרינן מההיא עוברה דהריחה כו’ כ”ש אם הוא זה זקן נכבד שאם ימות ויסתכן על תענית זה יהיה הפסד לרבים.
This geonic responsum has been cited numerous times and no one saw anything problematic with it. However, in 1995 R. Yehiel Avraham Silber published his Birur Halakhah: Telita’ah, and he has a different perspective.[30] He states that “there is no doubt” that this responsum is a forgery. His reason is that nowhere in halakhic discussions of pikuah nefesh is consideration ever given to whether a person is “honorable”. Yet in the geonic responsum it speaks of a זקן נכבד as a factor to be considered in permitting someone to break his Yom Kippur fast, as his life is not just an individual matter but is of importance to the community as a whole.
R. Silber writes:
תשובות הגאונים שערי תשובה נדפס לראשונה בשאלוניקי בשנת תקס”ב – תקופת הנסיון של עקירת התורה על ידי זיופים; סמוך לזה בשנת תקנ”ג יצא לאור לראשונה הספר שכולו זיוף בשמים ראש.
I think all readers can see that his argument has no basis whatsoever. Furthermore, the appearance of Besamim Rosh, a rabbinic forgery published by a maskil in Berlin in 1793, has absolutely nothing to do with a volume of responsa published in 1802 Salonika, a place far removed from any Haskalah influence. R. Silber’s claim is so unreasonable that I would never even refer to it in an academic article, and only mention it here as another curiosity from the world of seforim.
17. Here is a fascinating text that was called to my attention by R. Chaim Rapoport. It appears in R. Samuel Elijah Taub’s Imrei Esh (Jerusalem, 1996), p. 186, and has been subsequently included in other works.
 
R. Taub, the Modzitzer Rebbe (1905-1984), states that his forefather, R. Ezekiel of Kozmir (1772-1856), was lenient with all the fast days other than Yom Kippur and Tisha be-Av.[31] He then says that R. Ezekiel was very opposed to Tzom Gedaliah, and used to say that in Heaven Gedaliah is embarrassed that they established a fast day in his memory. Earlier in this post I cited a passage from R. Abraham Yelin that mentions how R. Ezekiel said that Anshei Keneset ha-Gedolah are now embarrassed for having instituted the fast days (see the source in n. 8). R. Yelin also writes that “it is difficult for him to record” some of R. Ezekiel’s leniencies regarding the fast days.[32]
R. Ezekiel’s opposition to Tzom Gedaliah was such that in his beit midrash it was declared that whoever wishes to fast on this day should leave Kozmir. We can thus assume that none of R. Ezekiel’s followers fasted on Tzom Gedaliah. Does anyone know if this antinomian view about Tzom Gedaliah continued among his descendants, which include the rebbes of Modzitz?
18. There is a joke in the “frum” world which goes as follows: There are three reasons not to fast on Tzom Gedaliah.
            1. It is a nidcheh (as he was killed on Rosh ha-Shanah).[33]
            2. Even if he was not killed he would not have been alive today.
            3. He would not have fasted for me if I was killed.
While this is only a joke, R. Ephraim Bilitzer records that it was widely reported that certain hasidic rebbes said that Gedaliah was troubled in heaven by the fact that thousands of Jews fasted on his account.[34] Therefore, followers of these hasidic rebbes did not fast on Tzom Gedaliah. R. Bilitzer finds it hard to believe such stories, but after what we have seen with R. Ezekiel of Kozmir, it is obvious that, at least with regard to R. Ezekiel, this was indeed the case.
Would R. Ezekiel, or any other hasidic rebbe who told his followers not to fast on Tzom Gedaliah, be impressed by R. Bilitzer’s very non-hasidic objection?
הלא דין הוא בש”ע להתענות ומה זה שנהגו שלא להתענות נגד הש”ע
After all, the Shulhan Arukh also gives the times for prayer, and a number of hasidic rebbes ignored these as well.[35]
In general, it should not surprise us to find hasidic rebbes with lenient approaches to fast days. R. Bilitzer himself informs us that R. Yissachar Dov Rokeah, the Belzer Rebbe, told his followers who were with him for the High Holy Days that anyone who felt the least bit weak on Tzom Gedaliah should immediately eat. This is a very lenient approach, and if followed by the Jewish world at large it would mean, I think, that not many teenagers would fast on this day. While fasting gets easier as one gets older, my experience has been that most teenagers find it at least a little bit difficult to fast.
The following story, about R. Solomon of Radomsk, even shows great leniency with regard to Tisha be-Av. I am sure readers will wonder why R. Solomon thought it was necessary for people to drink when the fast was just about over. If he wanted people to break the fast, why not have them drink earlier in the day?[36]
היה נוהג להקל בתעניות. פעם אחת, בערב תשעה באב ארעה שרפה בבית בנו, והיו הכל טרודים בכבוי השרפה. לפני גמר התענית, בשעת בין השמשות, הלך אל הבאר, הסמוכה לבית המדרש, וצוה לכל אחד לשתות מים.

Here is another interesting passage, from R. Abraham Yelin, Derekh Tzadikim, p. 13b, no. 44:

It states that R. Mordechai of Nes’chiz used to pray minhah when it was already dark. However, on the 17th of Tamuz he finished maariv when it was still light. It is true that this text does not mention actually eating when it was still light, but isn’t that the implication of the passage? What else could it be coming to tell us, without having to be too explicit? I can’t imagine that it means that they finished maariv early so that people could go home and be ready to eat as soon as the fast was over.
It was not only hasidic rabbis who had such a liberal perspective (and I have already referred to R. Chaim Soloveitchik). Here is a story that was told by a hasidic rabbi to the grandson of R. Baruch Bendit Gliksman.[37] (R. Baruch Bendit was a misnaged.[38]):
פעם ישבתי ביום תענית בליטומירסק ולמדתי יחד עם בן גיסי, האדמו”ר רבי חנוך העניך מאלקסנדר וחתן גיסי, רבה של לודז הג”ר יחזקאל נומברג. נכנס אלינו זקנך הג”ר בנדיט מלאסק ומיני מזונות בידו, דורש מאתנו כי נטעום מעט ונפסיק את התענית, אמר: “מובטחני כי תהיו פעם מורי הלכה בישראל, לכן עז רצוני כי תלמדו להקל בתעניתים”.
Returning to Tzom Gedaliah, I found an interesting passage in R. Yitzhak Meir Morgenstern’s She’erit Yaakov on Tractate Megillah.[39] He writes:
וראיתי דיש אנשים שנהגו להקל בצום גדליה כשנוסעים בדרך, ותמהתי עליהם איה מקורם.
R. Morgenstern is not referring to Modern Orthodox people. He is referring to those in his own hasidic circle, and he tells us that among them there are some who do not fast on Tzom Gedaliah when they are traveling. He wonders what the source for this practice is and is not able to find a good justification. For the purposes of this post, however, the very fact that he acknowledges the existence of a laxity when it comes to Tzom Gedaliah is significant.
R. Raphael Aaron Ben Shimon (1848-1928), the chief rabbi of Cairo, also speak of laxity regarding the fast days other than Tisha be-Av and Yom Kippur.[40] However, unlike R. Morgenstern, he was referring to a traditional Sephardic community rather than a haredi population.
בעון פשתה המספחת להקל בתעניות הצבור חוץ מט’ באב ויוה”כ
I think R. Ben Shimon’s description is also applicable to many in the Modern Orthodox world, at least in the United States. That is, while they are careful to fast on Yom Kippur and Tisha be-Av, this is not the case regarding the other fast days. But unlike what we have seen with R. Morgenstern, no one would think to ask if there is any halakhic support for this. Even those who eat on the fast days know that their behavior is not in line with halakhah.[41]

 

 

[1] I mention the source since I was surprised that the OU would post an article written in “yeshivish” rather than converting it to standard English.
[2] Otzar ha-Berit (Jerusalem, 2002), vol. 1, 5:2.
[3] She’elot u-Teshuvot Rabbi Akiva Yosef, vol. 1, no. 174.
[4] See Minhagei Rabotenu ve-Halikhoteihem (Jerusalem, 2009), p. 317, citing the book Elef Ketav, no. 671:
החת”ס זלה”ה אמר, אם היה בכוחו היה מבטל כל התעניתים זולת ת”ב ויוה”כ.
Megillah 5b states that R. Judah ha-Nasi wished to abolish the fast of Tisha be-Av but the Sages disagreed. Another version recorded ibid., is that he only wanted to abolish Tisha be-Av if it was postponed to Sunday, but the Sages disagreed.
[5] Yalkut Ohev Yisrael (Jerusalem, 1998), p. 124.
[6] R. Israel of Ruzhin, Irin Kadishin, parashat Va-Yikra (p. 19a). When the text mentions abolishing “the fasts”, I don’t think it is merely referring to individual fasts that pious people undertake, as the term “abolish” would not seem to fit in that context.
[7] Hayyei ha-Levi, vol. 6, Orah Hayyim no. 95. It is interesting that some treat unmarried women with more leniency than men, because when it comes to the fast of the 20th of Sivan, commemorating the Chmielnicki massacres, Shaarei Teshuvah, Orah Hayyim 580:1, writes:
שמעתי בימי חרפי שנכתב בפנקס הארצות שהגזרה היא לבן י”ח בזכר ולבת ט”ו בנקבה.
For some reason, when it came to the fast of the 20th of Sivan the rabbis wanted 15-year-old girls to fast, but boys were only supposed to do so from the age of 18.
[8] R. Abraham Yelin, Derekh Tzadikim (Petrokov, 1912), pp. 13b-14b.
[9] R. Abraham Pitrokovski, Piskei Teshuvah (Jerusalem, 2001), no. 88 (Hilkhot Ta’aniyot, p. 88).
[10] See R. Hussein, Tzedakah u-Mishpat (Jerusalem, 1978), p. 10.
[11] Gershom Scholem ve-Yosef Weiss: Halifat Mikhtavim 1948-1964 (Jerusalem, 2012), p. 102.
[12] Rabbi and Mrs. Samuel Sperber, mentioned in the letter, are the parents of Professor Daniel Sperber.
[13] Ha-Hasidut, trans. M. Shenfeld (Tel Aviv, 1954), p. 223. See also R. Yissachar Tamar, Alei Tamar, Yoma, p. 396, who records in the name of the Rebbe of Husiatyn a different version of what R. Israel did with the water placed before him.
לרה”ק מריזין היתה לו דלקת גדולה בפיו וביחוד על השפתיים מתוך הצימאון הגדול, והעמידו לפניו קערה עם מים קרים כדי ששפתיו יתקררו מעט ע”י האדים היוצאים ממים קרים.
[14] Sipurei Hasidim (Tel Aviv, 1957), vol. 2, p. 85.
[15] Irin Kadishin, parashat Va-Yikra (pp. 19a-b).
[16] This time for alot ha-shahar is accompanied by the following note: “On this date at this location the sun does not set far enough below the horizon to use the standard calculation. The Chabad custom is to use Chatzot for this time.”
[17] These times were given to me by R. Melchior. Chabad’s site has the fast in Oslo ending at 12:18am (one minute earlier than R. Melchior) and beginning at 1:20am (the same time as R. Melchior). There are significant differences between these times and the times that appear on the popular myzmanim.com. On the latter site it says that this year in Oslo the fast begins at 2:48 am, which is significantly later than the official community practice and the Chabad practice. Myzmanim.com states that the fast ends according to R. Tukatzinsky at 12:34am, which, we are told, is the emergence of ג’ כוכבים בינונים. This is a later time than that of R. Melchior and Chabad. For Oslo, myzmanim.com does not give a time for the end of the fast according to R. Moshe Feinstein.
There are also divergences when it comes to Stockholm. As noted, the Chabad site has the fast of the 17th of Tamuz this year beginning at 12:51am and ending at 11:38pm. Myzmanim.com has the fast beginning at 2:25am and ending at 11:45pm according to R. Tukatzinsky and at 12:09am according to R. Moshe Feinstein.
Readers can correct me if I am wrong, but I do not think that people who will be in Oslo or Stockholm on the 17th of Tamuz (or any other day for that matter) are halakhically permitted to rely on what appears on myzmanim.com in opposition to the local community’s practice.
[18] Among other passages that readers will find interesting is p. 160:
I have already gedavent [prayed] and listened to the weekly Inyan of Reb Chatzkel – Yechezkel [Levenstein]. He has already spoken very often against the datsche = vacations, wanting only the weak or sick bachurim really to go rest, but I observe he has not had much success in this respect and that there will be exactly the same number leaving. On the other hand, the yeshiva had gotten into the habit of rowing on the lake – but a single Inyan sufficed to bring an end to this custom from one day to the next – which constituted in a way a chillul Hashem, because in doing it the bachurim put themselves in the same category as the town people. Yet, is it not correct that, since the Torah is different from everything that exists, a ben Torah is distinguished by his behavior from his entire entourage? In Yiddish, it’s much better. I am sure that on my arrival in Mir, I would not have been able to understand that it was base to ride a bicycle or to go rowing. It is obvious that these restrictions are only valid here in this place, but you can also see how much the städtische [city dwellers] feel respect or anger to the yeshiva-leit.
On p. 96 he writes: “Our milk is purely Jewish milk, but the butter comes from goyim and is subject to no shemira of any sort.”
[19] R. Moshe Harari, Mikraei Kodesh: Hilkhot Ta’aniyot, p. 220 n. 6.
[20] R. Harari, Mikraei Kodesh: Hilkhot Ta’aniyot, p. 221 n. 7.
[21] Aderet Shmuel (Jerusalem, 2014), p. 145.
[22] Ibid., p. 146.
[23] R. Natan Lubert, She’erit Natan (Ashdod, 2013), p. 147.
[24] R. Solomon Laniado of Baghdad found the Ben Ish Hai’s position so astounding that he claimed that there is a printing error, and the text should be corrected to say that the groom needs to fast on all days except for Ta’anit Esther. See his letter in R. Yitzhak Nissim, Yein ha-Tov, vol. 2, Even ha-Ezer no. 2. (The title of R. Nissim’s book is often pronounced Yayin ha-Tov, but that is incorrect. See Song of Songs 7:10.)
[25] The Ben Ish Hai’s testimony about the practice in Baghdad is problematic, as his contemporary, R. Elisha Dangor, writes that the practice in Baghdad is that the groom does fast in the week of his wedding, with the exception of Ta’anit Esther. See Gedulot Elisha (Jerusalem, 1976), Orah Hayyim 549:5. R. Ovadiah Yosef, Halikhot Olam, vol. 2, p. 211, cites the Ben Ish Hai’s student, R. Joshua Sharbani, who says that the because the Ben Ish Hai was so busy and involved in Torah study, he is not such a reliable source for the practices of Baghdad.
שהרב בן איש חי לא היה בקי כל כך במנהגי בגדאד לרוב טרדתו ושקידתו בתורה
This is quite a surprising this to say, as the Ben Ish Hai lived in Baghdad so how could he not be aware of things? Yet R. Ovadiah Yosef finds support for R. Sharbani’s comment in a responsum of R. Hayyim Joseph David Azulai, Hayim Sha’al, vol. 2, no. 35:2. R. Azulai cites a few examples where R. Joseph Karo testifies as to what the accepted practice was, and yet we have evidence that contradicts what R. Karo states. R. Azulai explains the reason for R. Karo’s mistake:
ויתכן שלרוב קדושתו וטרדת לימודו לא דקדק וסבר שהמנהג כך ואינו כן
[26] See R. Ovadiah Yosef, Yehaveh Da’at, vol.2, no. 78.
[27] Yehaveh Da’at, vol. 3, no. 37. In Yalkut Yosef: Kitzur Shulhan Arukh 265:13 (מילה במועדי השנה), it states that a groom can only eat on the pushed-off fast day after hatzot.
[28] Ma’aseh Eliyahu (Jerusalem, 2017), no. 119.
[29] In an earlier responsum, Shevet ha-Levi, vol. 7, no. 76, he does not say to break the fast when it is over in Israel. Rather, he says that one can break the fast when one feels weak.
[30] See Birur Halakhah: Telita’ahOrah Hayyim 618.
[31] It is interesting that he quotes R. Ezekiel as saying something very similar to what I cited earlier in this post from R. Abraham Joshua Heschel of Apta:
בשחור מי יכול לאכול – והכוונה היתה לתשעה באב שהוא יום חורבן ואבילות, ומי יכול אז לאכול. ובלבן מי צריך לאכול – היינו ביוהכ”פ ומי צריך לאכול, הרי בני אדם כמלאכים.
[32] Yelin, Derekh ha-Tzadikim, pp. 13b-14a.
[33] This is how the joke was told to me. While many indeed assume that Gedaliah was killed on Rosh ha-Shanah, Maimonides believes that he was killed on the third of Tishrei. See Mishneh Torah, Hilkhot Ta’aniyot 5:2.
On the assumption that he was killed on Rosh ha-Shanah (which is the dominant opinion), and the fast day was pushed off from its actual date, does this mean that every year Tzom Gedaliah has the status of a pushed-off fast day, with the various leniencies that go with it? Most say no, but there are some who say yes. R. Yair Rosenfeld has recently discussed the matter in Ha-Ma’yan 56 (Tishrei 5777), and he concludes (p. 18):
לאור זאת, יולדת במקום שמנהג הנשים לצום בד’ צומות יכולה להמנע מהצום, וכן אבי הבן, ובצורך גדול אף הסנדק והמוהל, מתענים ולא משלימים. כן יש להוסיף שאף חתתן בשבעת ימי המשתה יכול להקל בצום זה כדינו בצום נדחה.
[34] Yad Efraim (Tel Aviv, 1970), no. 29 (p. 206, third numbering). This book is found on Otzar ha-Hokhmah together with many other books from R. Bilitzer. It is worth noting that most of his books on Otzar ha-Hokhmah, including six volumes of responsa, are still in manuscript. It appears that there is no money to prepare these works for publication, and they were therefore put on Otzar ha-Hokhmah in manuscript form. Fortunately, his handwriting is easy to read.
[35] The other objection of R. Bilitzer is that Tzom Gedaliah is not on account of the death of Gedaliah per se, but due to what befell the Jewish people in the Land of Israel as a consequence of his death. Even if this is correct, R. Bilitzer’s anger with the reported hasidic flaunting of Tzom Gedaliah apparently caused him to exaggerate somewhat. In his defense of fasting on Tzom Gedaliah, R. Bilitzer states that what happened to the Jews after Gedaliah’s death “was like the destruction of the Temple.”
Furthermore, it seems that the fast has more to do with Gedaliah the individual than R. Bilitzer is willing to acknowledge. I say this because some authorities have pointed to leniencies with regard to Tzom Gedaliah precisely because it is a pushed-off fast (i.e., it does not take place on the day of the event it commemorates). This shows the centrality of Gedaliah the individual and the importance of the day of his assassination to the fast. If the entire focus was on what befell the Jewish people after his death, the actual date of his death, and the resulting issue of a pushed-off fast, would not have any real significance.
I cannot locate the source at present, but Gerson Cohen, chancellor of the Jewish Theological Seminary, had no liking for Tzom Gedaliah. He wondered why a fast was declared in memory of a man he called “a Quisling.” Yet if Gedaliah is to be regarded as a Quisling, does that make Jeremiah, who told the Jewish people to accept Babylonian rule, a “Tokyo Rose”?
[36] Moshe Tzvi, “Ha-Tiferet Shlomo” me-Radomsk (Bnei Brak, 1989), p. 182.
[37] Yehuda Leib Levin, Beit Kotzk (Jerusalem, 1959), vol. 2, p. 159.
[38] See Pinhas Gliksman, Ir Lask ve-Hakhameha (Lodz, 1926), p. 43.
[39] There are actually two such volumes. I am referring to the first one that appeared (it has no date), p. 32.
[40] Nehar Mitzrayim (Jerusalem, 2007), Hilkhot Tefillin, no. 4 (p. 14).
[41] The one exception to this generalization would be the congregants and followers of R. Haim Ovadia. As we have seen in this post, R. Ovadia claims that the fast days other than Yom Kippur and Tisha be-Av are not obligatory. Thus, his congregants and followers would not regard eating on these fast days as deviant. As far as I can tell, no other liberal Orthodox rabbis have adopted R. Ovadia’s position.



The Rogochover and More

The Rogochover and More

Marc B. Shapiro
In a recent Jewish Review of Books (Summer 2017), I published a translation of an interview R. Joseph Rozin, the Rogochover, gave to the New York Yiddish paper, Der morgen zhurnal. You can see the original interview here. The fact that the Rogochover agreed to the interview is itself significant. As is to be expected, the content of the interview is also of great interest.
In the preface to the interview, I mentioned that the Rogochover famously studied Torah on Tisha be-Av and when he was an avel, both of which are in violation of accepted halakhah. When he was once asked why, while sitting shiva, he learnt Torah, he is reported to have replied:[1]
ודאי, עבירה היא זו, וכשאקבל עונש על שאר עונותי יענישוני אף על עון זה, אבל אני אקבל באהבה וברצון את העונש על חטא זה, וכדאית היא התורה להלקות עליה
R. Yissachar Tamar cites an eye-witness who reported that the Rogochover said basically the same thing in explaining why he learnt on Tisha be-Av, and noted how wonderful it will be to be punished for studying Torah.[2]
ומה נעים לקבל צליפות על עסק התורה
The Hazon Ish was told that the Rogochover learnt Torah when he was in mourning and that he made another antinomian-like comment in justification of his behavior, namely, that he wants to be in the gehinom of those who learn Torah. The Hazon Ish replied that “this gehinom is the same gehinom for the other sins.”[3]
The various comments quoted in the name of the Rogochover show his great need for studying Torah, a need that simply did not allow him to put aside his Torah study, even when halakhah required it. Yet the antinomian implication of the Rogochover’s comments was too much to be ignored. R. Gavriel Zinner’s reaction after quoting the Rogochover is how many felt.[4]
ולא זכיתי להבין, הלא מי לנו גדול מחכמי הגמ’ שנפשם ג”כ חשקה בתורה ואפ”ה גזרו שבת”ב ובזמן אבל אסורים בלימוד התורה, ועוד שאחז”ל הלומד ע”מ שלא לעשות נוח לו שלא נברא.
It is thus to be expected that some authors deny that the Rogochover could have really said any of what I have quoted. And if he did say it, they feel that it must have been merely a joke or a comment not meant to be taken seriously, or that he did not want people to know the real reason he studied Torah while in avelut (namely, the Yerushalmi which will soon be mentioned).[5] R. Abraham Weinfeld goes so far as to say, with reference to one of the comments I have quoted that “It is forbidden to hear these words, and Heaven forbid to suspect that Rabban shel Yisrael [the Rogochover] would say this.”[6] 

Those who refuse to accept that the Rogochover meant what he said are forced to find a halakhic justification for his behavior, and indeed, when it comes to an avel studying Torah (and this would also apply to Tisha be-Av, the halakhot of which are not as stringent as those of personal mourning), there is a passage in the Yerushalmi, Moed Katan 3:5, that permits Torah study for one who has a great need.[7]  (This heter is not recorded in the Shulhan Arukh, but this would not have concerned the Rogochover.[8]) Yet it is important to remember that as far as we know the Rogochover never cited this passage in the Yerushalmi as justification for his studying Torah when he was sitting shiva.[9]

Now for something disappointing and even a bit shocking: Here are the two pages from R. Shlomo Yosef Zevin, Ishim ve-Shitot (Jerusalem, 2007), pp. 75-76, where you can see one of the“controversial” quotations (which as R. Zevin notes is taken from an article in Ha-Hed).

R. Menahem Kasher quoted the entire two pages from Ishim ve-Shitot in his Mefaneah Tzefunot (Jerusalem, 1976), pp. 1-2 in the note.
Look at the end of the first paragraph of the note on p. 2. The “problematic” quotation of the Rogochover, saying that he will happily be punished for his sin in studying Torah, as the Torah is worth it, has been deleted. Instead, the Rogochover is portrayed as explaining his behavior as due to the passage in the Yerushalmi. While all the other authors who discuss this matter and want to “defend” the Rogochover claim that his real reason for studying Torah was based on the Yerushalmi, in R. Kasher’s work this defense is not needed as now we have the Rogochover himself giving this explanation!

Yet the Rogochover never said this. R. Zevin’s text has been altered and a spurious comment put in the mouth of the Rogochover, By looking carefully at the text you can see that originally R. Zevin was quoted correctly. Notice how there is a space between the first and second paragraphs and how the false addition is a different size than the rest of the words. What appears to have happened is that the original continuation of the paragraph was whited out and the fraudulent words were substituted in its place. Yet this was done after everything was typeset so the evidence of the altering remains.
Look also at the third paragraph where it says
ההד, שם
However, this makes no sense as R. Zevin’s reference to Ha-Hed has been deleted. I do not see how anyone other than R. Kasher could have been responsible for this particular “editing.” 
As mentioned, many were troubled by the Rogochover’s antinomian-like comment.[10] Yet he is not the only one to speak like this. R. Joseph Hayyim (the Ben Ish Hai) in his Benayahu refers to an unnamed gaon who also learnt Torah when he was in avelut. When asked about this he did not refer to the Yerushalmi but answered in an antinomian fashion just like the Rogochover: “I know that I am violating the words of the Sages, and I know that on the day of judgment I will certainly be punished for this, but he [!] is prepared and willing to suffer and receive this punishment whatever it will be, because he is not able to withstand the pain of avoiding the study of Torah which is as difficult for him as death.”[11] Benayahu appeared in 1905. I do not think it is possible that at such an early date R. Joseph Hayyim could have heard a story about the Rogochover, so he must have had another great rabbi in mind.
The Lubavitcher Rebbe told a similar story.[12] When he was a youth, he had a teacher from Lithuania who lived in his home. He once found this teacher learning on Tisha be-Av. Young Menachem Mendel asked the teacher how is it that he was learning Torah on that day. The teacher replied: “When I come to the World to Come, I will be punished for one reason or another. I will be happy if I know that the reason I am being punished is because I learnt on Tisha be-Av.”[13]
The following subversive story with R. Israel of Ruzhin is also of interest, as it too shows a violation of accepted halakhah regarding Torah study on Tisha be-Av. It appears in R. Mordechai Hayyim of Slonim, Ma’amar Mordechai, vol. 2, p. 206.
הרה”ק מרוזין שהה פעם בימי בין המצרים במעינות המרפא, וביום צום תשעה באב אחר חצות היום, אמר לאחד מבני לוויתו שילמוד מסכתא משניות, ויעשה סיום בליל מוצאי התענית, ויסמכו על זה הקהל אשר שם ויאכלו בשר ואמר בלשו”ק: רבי שמואל קאמינקער אמר, שסיום מסכתא משניות חשוב כמו סיום מסכת גמרא, ועל רבי שמואל קאמינקער יכולין לסמוך כמו על אחד מגדולי הפוסקים. ועל האיסור ללמוד בתשעה באב אחר חצות, דאס נעם איך אויף מיר, און לאזן אידן עסן פלייש . . .

Returning to the interview with the Rogochover, he cites Maimonides who says that the word “Germany” is derived from the Hebrew word gerem, meaning “bone.”
Mishnah Negaim 2:1, in a passage that tells us how things used to be, says that Jews are neither black nor white, but in the middle (meaning, a Middle Eastern look). At the beginning of the Mishnah it speaks of a white spot that appears on a white man and on a black man. The word the Mishnah uses for “white man” is גרמני (German), and for “black man” it uses כושי. Germania was the Roman term for the area we call Germany, so it makes sense that the Mishnah, in describing a white man, would use that term.[14]
Apparently, Maimonides did not know the word גרמני. Thus, in his commentary to Negaim 2:1 he offers the explanation mentioned by the Rogochover, that גרמני is related to the word for bone. (In the interview, the Rogochover says that Maimonides refers to the Hebrew word גרם, but I wonder if this was a mistake on the interviewer’s part, as the word used by Maimonides is the Aramaic גרמא). Here is R. Kafih’s translation:
גרמני שם הלבן ביותר מיוחס אל העצם אשר שמו גרמא
Leaving aside the matter of the correct historical etymology, I wonder if Maimonides saw a problem with his explanation, namely, that for “black man” the Mishnah uses an ethnic identification, so one would expect it to also use such an identification in describing a white man. Furthermore, why would the Mishnah use an Aramaic word instead of the Hebrew עצם?
R. Elijah Benamozegh wonders how Maimonides did not realize what גרמני is referring to:[15]
והפלא על חכמת הרמב”ם שכתב כן ועשה עין של מעלה כאלו אינה רואה שדברי חז”ל מעידים ומגידים שגרמני שם אומה, לא זולת, ומה ענין לגרמא עצם בל’ ארמי?
R. Meir Mazuz asks, “How could Maimonides not have thought of this?” namely, that גרמני means German.[16] He explains that Maimonides was an Arabic speaker, and the way he knew Germany was by the term “Alemannia.” As such, when he saw the word גרמני in the Mishnah, since he did not know the term “Germany” he was forced to come up with a different explanation tying גרמני to “white.”[17]
What R. Mazuz did not know is that this explanation is not original to Maimonides and must reflect an earlier tradition.[18] I say this because R. Hillel ben Elyakim of Greece, who lived in the twelfth century (that is, contemporaneously with Maimonides) independently mentions this explanation. In his commentary to Torat Kohanim, ed. S. Kolodetzky, vol. 1, p. 190, he writes:
ומנלן גרמני הוי לבן כדגרסי’ בכל מקום גרמני מוכר כושי וכאן כושי מוכר גרמני דהיינו לבן דעצם מתרגמינן גרמא ועצם הוי לבן.
R. Hillel cites Bereshit Rabbah 86:3 which states: “Everywhere a white man (גרמני) sells a black man (כושי), while here a black man is selling a white man.” He also says דעצם מתרגמינן גרמא. If you look at Onkelos and Targum Ps. Jonathan to Genesis 2:23 this is exactly what you find.
When I found what R. Hillel wrote, I was quite excited, as I thought I had discovered something that no one else had taken notice of. Yet I later found that Jacob Nahum Epstein had already called attention to this in his notes to the commentary attributed to R. Hai Gaon to Seder Toharot (Berlin, 1921), p. 94 n. 32. He assumes that R. Hillel predates Maimonides:
ר”ה מארץ יון בפי’ ספרא דף קי”ג ב’ ור”מ אחריו הוציאוהו מן “גרמא”, עצם!
Returning to the Rogochover, everyone knows that the he put Maimonides above all other authorities. However, R. Zevin, Ishim ve-Shitot (Jerusalem, 2007), p. 125, calls attention to an example where in a practical halakhic matter the Rogochover rejected Maimonides’ view. See She’elot u-Teshuvot Tzafnat Paneah, vol. 1, no. 34:[19]
ואף דרבותינו הראשונים ז”ל וגם רבנו הגדול הרמב”ם לא ס”ל כן עפר אני תחת רגליו אך העיקר כמ”ש לדינא
The Rogochover’s sharp tongue is well known. For an example of how the Rogochover could even speak disrespectfully about the Tosafists, see Rav Tzair, Pirkei Hayyim (New York, 1954), p. 163.[20] Rav Tzair recalls how as a yeshiva student he went to meet the Rogochover where, we can only say, he was “blown away.” He writes:
אחר כך פנה אלי ואמר לי: ואתה בחור למה באת? יש לך קושיא, אמור! מלמלתי בבהלה את הקושיא שהיתה, כפי שאני זוכר, בתוספות של מסכת בבא מציעא, בדיני הפקר ומציאה. על זה השיב לי בבהלה כדרכו. הא, בתוספות? התוספות לא ידעו מה הם סחים; (“תוספות האט געפלוידערט”). נבהלתי, כמובן, לשמוע את הדיבורים הללו, ומלים נעתקו מפי. אמר לי, מה אתה נבהל? אני אראה לך כמה וכמה תוספות שלא הבינו את הגמרא, והתחיל להביא תלי תלים של דברי תוספות מכל הש”ס, והכל בעל פה, על פי הדף ודיבור המתחיל, ועירבב דבר אחד בשני ובבלי בירושלמי, עד שראה שראשי היה עלי כגלגל וחדלתי להבין את המשך הענינים.
Rav Tzair, ibid., p. 164, also mentions the Rogochover’s negative comment about R. Isaac Elhanan Spektor:
הנה הזקן יושב לו בקובנה וכותב ומדפיס וכותב ומדפיס עד אין סוף! מי מבקש זאת ממנו? כלום ספרים חסרים בעולם? הנה זקנך, ששמעתי עליו שהוא בעל-הוראה, יושב ופוסק שאלות. זה הכל מה שצריך. כל הרבנים הכותבים ספרים אינם יודעים בין ימינם לשמאלם.
Zvi Hirsch Masliansky, Maslianky’s Zikhroynes (New York, 1924), p. 107, who has a very negative view of the Rogochover, also records how he denigrated R. Isaac Elhanan as well as R. Samuel Mohilever and the Hibbat Zion movement. He further mentions that the Rogochover disparaged his own rebbe, R. Joseph Baer Soloveitchik:
צוזאמען מיט זיין גוואלדיגען זכרון, האט זיך ענטוויקעלט אין איהם זיין ווילדער עזות און חוצפה צו מבטל זיין אלע גאונים צוזאמען מיט זיין גרויסען רבי’ רבי יוסף בער.
See also R. Nathan Kamenetsky, Making of a Godol, pp. 743, 747, for other times that the Rogochover insulted R. Joseph Baer Soloveitchik. (On p. 744 Kamenetsky writes that the Rogochover received semikhah from R. Soloveitchik.)

Masliansky’s Hebrew autobiography is not an exact translation of the original Yiddish. (The English version is a translation from the Hebrew.) The Hebrew edition does not contain the passage just quoted. It also does not contain Masliansky’s concluding negative comment, p. 108:

ער האָט זיך צושריען און צוהיצט, און האָט צומישט און צופלאָנטערט פערשיעדענע ענינים, און ער האָט מיר אויסגעוויזען ווי א פאציענט פון א משוגעים הויז. איך האב אים נאָר ניט גענעטפערט; איך בין ארויס א פערטרויערטער און געדעקט: “אָט דאָס זיינען דיינע גאונים, מיין פאָלק ישראל!”
Kamenetsky, Making of a Godol, p. 747 n. b, mentions the Hebrew edition’s deletion of these “revolting lines of the original text.” We have a number of descriptions of the Rogochover from people who met him, and while all portray him as unusual, none have the negative spin of Masliansky. Perhaps it was the Rogochover’s anti-Zionism that turned Masliansky against him.  
R. Moshe Maimon called my attention to She’elot u-Teshuvot Tzafnat Paneah ha-Hadashot (Modi’in Ilit, 2012), vol. 2, p. 391 (unpaginated), where we see that in newly published material the Rogochover referred to the Vilna Gaon as “Rabbenu ha-Gra.” This is significant because in the interview I published the Rogochover was hardly complimentary to the Vilna Gaon.[21]
She’elot u-Teshuvot Tzafnat Paneah ha-Hadashot is quite an interesting publication and includes the Rogochover’s notes to some poems of R. Judah Halevi. It is not that the Rogochover had any great interest in Halevi’s poetry. However, the Rogochover was one of those people whose mind was such that he had something to say about everything he read.
I encourage anyone interested in the Rogochover to watch this wonderful video by Louis Jacobs. The Rogochover was one of Jacobs’ heroes, and somewhere he mentions that the Rogochover was one of the people he would have loved to have met.
Regarding Bialik’s visit with the Rogochover that I mentioned in the Jewish Review of Books article, Maimon called my attention to this article by Noah Zevuluni [22]. For more on the meeting of Bialik and the Rogochover, see Doar ha-Yom, Jan. 10, 1932, p. 2, and Davar, April 17, 1935, p. 16 (where it mistakenly states that Bialik said that you could make ten Einsteins out of one Rogochover. He actually said that you could make two Einsteins out of one Rogochover.). The last two sources were brought to my attention by R. Shimon Szimonowitz.
Yossi Newfeld called my attention to the following two works focused on the Rogochover: Regarding the Rogochover and the Lubavitcher Rebbe, there is an MA dissertation by Yisrael Ori Meitlis, “‘Ha-Lamdanut ha-Filosofit’ shel Rabbi Yosef Rozin bi-Derashotav shel Rabbi Menahem Mendel Schneersohn (ha-Rebbe mi-Lubavitch),” (Bar-Ilan University, 2013). There is also the volume Ha-Tzafnat Paneah be-Mishnat ha-Rebbe (Brooklyn, 2003). In a previous post I called attention to R. Dovber Schwartz’s wonderful book The Rogatchover Gaon.
It is often said that the Rebbe received semichah from the Rogochover, yet there is no documentary evidence of this. The origin of this notion might be the Rebbe’s mother, who stated as such. See the comprehensive and beautifully produced new book on the Rebbe by R. Boruch Oberlander and R. Elkanah Shmotkin, Early Years.
In my article I mentioned the Rogochover’s unique perspective on the halakhic status of civil marriage. Those interested in this topic should consult R. Menahem Mendel Tenenbaum, Nisuim Ezrahiyim be-Mishnato shel Ha-Rogochovi z”l (n.p., 1988). This book contains an analysis of six responsa of the Rogochover on the topic.
One final point I would like to make about the Rogochover relates to his view of secular studies. He was one of those who responded to R. Shimon Schwab’s query about the halakhic validity of the German Torah im Derekh Eretz approach.[23] You can find his letter in Ha-Ma’yan[24] 16 (Nisan 5736), pp. 1ff. Among the significant points he makes is that, following Maimonides, a father must teach his son “wisdom.” He derives this from Maimonides’ ruling in Mishneh Torah, Hilkhot Rotzeah 5:5:
הבן שהרג את אביו בשגגה גולה וכן האב שהרג את בנו בשגגה גולה על ידו. במה דברים אמורים בשהרגו שלא בשעת לימוד או שהיה מלמדו אומנות אחרת שאינו צריך לה. אבל אם ייסר את בנו כדי ללמדו תורה או חכמה או אומנות ומת פטור.
He adds, however, that instruction in “secular” subjects is not something that the community should be involved in, with the exception of medicine, astronomy, and the skills which allow one to take proper measurements, since all these matters have halakhic relevance. In other words, according to the Rogochover, while Jewish schools should teach these subjects, no other secular subjects (“wisdom”) should be taught by the schools, but the father should arrange private instruction for his son.
רואים דהרמב”ם ס”ל דגם חכמה מותר וצריך אב ללמוד לבנו אבל ציבור ודאי אסורים בשאר חכמות חוץ מן רפואה ותקפות [!] דשיך [!] לעבובר [צ”ל לעבור] וגמטרא [!] השייך למדידה דזה ג”כ בגדר דין.
He then refers to the Mekhilta, parashat Bo (ch. 18), which cites R. Judah ha-Nasi as saying that a father must teach his son ישוב המדינה. The Rogochover does not explain what yishuv ha-medinah means, just as he earlier does not explain what is meant by “wisdom,” but these terms obviously include the secular studies that are necessary to function properly in society.
The publication of this letter of the Rogochover was regarded as quite significant. Yet as far as I know, no one has pointed out that the main point of the letter had already appeared in print. In 1937 R. Judah Ari Wohlgemuth published Yesodot Hinukh ha-Dat le-Dor. On p. 250 he included the following comment of the Rogochover, found in the margin of Rogochover’s copy of the Mishneh Torah, Hilkhot Rotzeah 5:5.
נראה לי דר”ל שאר חכמות גם כן חייב האב ללמדו
Excursus 1
For another example of Maimonides offering a speculative etymology for a word he did not know, see his commentary to Yadayim 4:6 regarding the word המירם. In his commentary to Sanhedrin 10:1, Maimonides explains the term אפיקורוס as coming from an Aramaic word. This is surprising as Maimonides knew of the Greek philosopher Epicurus and refers to him in Guide I:73, II:13, 32, III:17. (Even if Maimonides had not heard of Epicurus when he wrote his commentary on the Mishnah, we know that he revised this work throughout his life and yet he never altered his explanation of אפיקורוס.) See Arukh Shalem, ed. Kohut (Vienna, 1878), s. v. אפיקורוס. See also R. Yitzhak Sheilat, Hakdamot ha-Rambam (Jerusalem, 1992) p. 185, who believes that Maimonides knew the real origin of the word but was only following the Talmud’s “midrashic” derivation of the term from the Aramaic word אפקירותא  (see Sanhedrin 100a). See also R. Hayyim Yehoshua Kasowski, Otzar Leshon ha-Mishnah, s.v. אפיקורוס:
וע”פ דמיון השם הזה אל הפעל פקר בארמית השתמשו בו לכנוי נרדף למין וצדוקי ובייתוסי
R. Simeon ben Zemah Duran, Magen Avot (Livorno, 1785), 1:2 (p. 4b), and the section of this work on Avot 2:14also called Magen Avot (Leipzig, 1855), and R. Joseph Albo, Sefer ha-Ikarim I:10, point to Epicurus as the origin of the term אפיקורוס.
In his commentary to Kelim 30:2 and Parah 1:3, Maimonides explains two Greek words with Hebrew etymologies. I see no reason to accept R. Kafih’s opinion, expressed in his notes ad loc., that in these cases Maimonides knew that the words were Greek and was simply offering a “remez.” In fact, in his commentary to Kelim 30:2 he writes explicitly:


והוא לדעתי מלה מורכבת  

If he was simply offering a “remez” he would not have written, “In my opinion,” followed by the etymology. At other times, however, it is possible that Maimonides knew that the words were Greek and he did not intend to offer a scientific etymology. This is the approach of Dror Fixler, who applies it even to the case from Kelim 30:2 just mentioned.[25]

R. Kafih is, of course, correct that the talmudic sages would at times offer a Hebrew etymology for a word that they knew was not Hebrew. The example he offers is Megillah 6a: “Why is it called Tiberias? Because it is situated in the very center of the land of Israel.” The Sages obviously knew that the city was named after a Roman emperor, and the Hebrew etymology can only be regarded as a form of midrash. Apart from modern scholarly sources that discuss the phenomenon of “judaizing” non-Hebrew words, see R. Jacob Emden, Lehem Nikudim, Avot 2:14:
וכן הוא מנהג החכמים ז”ל לגזור ממלות יוניות שמות ופעלים עברייים וארמיים.
R. Emden’s comment was precipitated by the word אפיקורוס which appears in Avot 2:14. R. Emden also mentions the word סנהדרין. See also R. Samuel Moses Rubenstein, Torat ha-Kabbalah (Warsaw, 1912), pp. 29ff. Some of R. Rubenstein’s examples are themselves speculative. For instance, he claims that the words בן דינאי in Kelim 5:10 are a “judaization” of the word “Bedouin.” 

R. Rubenstein notes a number of examples of post-talmudic authorities not realizing the real origin of a word and offering a Hebrew etymology. One of these appears in R. Ovadiah Bertinoro’s commentary to Sotah 9:11, where R. Bertinoro writes as follows regarding the Greek word “Sanhedrin.”

ונקראים סנהדרין ששונאים הדרת פנים בדין
(ש and ס are interchangeable.) Yet I wonder, is R. Rubenstein correct that R. Bertinoro is offering an actual Hebrew etymology for the word “Sanhedrin”? The passage just quoted might be no more than a “midrashic” etymology, which R. Bertinoro would acknowledge is not the real origin of the word. Jacob Reifman refers to R. Bertinoro’s etymology as a דרש רחוק מאד. See Reifman, Sanhedrin (Berditchev, 1888), p. 3. He then adds:
ולא אדע עתה מאין לקח, ואולי הוא אך יליד הר”ע עצמו
Reifman was unaware that this etymology is also recorded by R. Jacob Moelin, so it could not have been original to R. Bertinoro. See Sefer Maharil, ed. Spitzer (Jerusalem, 1989), p. 611.
Even if we conclude that the etymology mentioned by R. Moelin and R. Bertinoro was simply “midrashic,” there is no reason to assume that they knew that the word סנהדרין was Greek, knowledge of which was not common among Jews of their time and place. See R. Avigdor Tzarfati, Perushim u-Fesakim le-Rabbenu Avigdor ha-Tzarfati (Jerusalem, 1996), p. 233, who does not know the word’s Greek origin and writes:
ואני שמעתי סנהדרין לשון סני דרין פי’ שהיו שונאין דורונות
In this case, it does seem that R. Avigdor is offering what he thinks is the actual etymology of the word. R. Yom Tov Lippman Heller, Tosafot Yom Tov, beginning of Sanhedrin, writes that סנהדרין is an Aramaic word, so he too did not know its Greek origin.
Returning to R. Bertinoro, in his commentary to Avot 2:14 he offers an unscientific etymology of the word אפיקורוס, but he must have known who Epicurus was, so I assume that this is a “midrashic” etymology. 
לאפיקורוס: לשון הפקר שמבזה את התורה ומחשיבה כאילו היא הפקר. אי נמי משים עצמו כהפקר ואינו חס על נפשו לחוש שמא תבוא עליו רעה על שמבזה את התורה או לומדיה.
To turn to a different question, are there any examples in the Talmud where an etymology is not simply “midrashic” but intended to be taken seriously, and yet we know that it is mistaken? The Mishnah in Ketubot 15b mentions a “hinuma.” On 17b the Talmud asks what a hinuma is, and quotes R. Johanan who says: “A veil under which the bride [sometimes] slumbers (דמנמנה).” As Rashi explains, R. Johanan is making a connection between the word הינומא and מנמנה which itself is related to the word תנומה (slumber).[26]
ופעמים שמנמנמת בתוכו מתוך שאין עיניה מגולין ולכך נקרא הינומא על שם תנומה
The Arukh, s.v. הנמא, cites R. Hananel who states that hinuma is a Greek word. It is possible to understand R. Hananel as meaning that R. Johanan’s explanation was no more than a “midrashic” etymology. (This is on the assumption that he understood the passage as Rashi did.) However, this passage in R. Hananel also assumed a life of its own, as some saw it as providing support for the assumption that the Sages were not always correct in their etymologies. This matter has recently been discussed by Hanan Gafni in his fine book, “Peshutah shel Mishnah,” pp. 184ff., so there is no need for me to repeat what he has written.
Excursus 2
R. Raphael Mordechai Barishansky was shocked to read what the Rogochover said about the Vilna Gaon, as I think we all are. He responded strongly in an article in Der morgen zhurnal which was later reprinted in his Osef Mikhtavim Mehutavim (New York, 1952), pp. 167-169. Even though his words are strong, R. Barishansky shows great respect for the Rogochover. 

This is not the case with R. Abraham Aaron Yudelevitz whose attack on the Rogochover is quite sharp. It needs to be said, however, that this came after the Rogochover referred to R. Yudelevitz – who was himself an outstanding scholar – in a very negative way. In printing the Rogochover’s letter, R. Yudelevitz tells us that he cut out some of Rogochover’s harshest words, but we still get the picture. The Rogochover was responding to R. Yudelevitz’s novel view that halitzah can be done with an agent, and the Rogochover referred to R. Yudelevitz as a בן סורר ומורה. See R. Yudelevitz, Av be-Hokhmah (New York, 1927), p. 82. [27]

Here is some of what R. Yudelevitz said in response, ibid., pp. 83,85-86. The language is very sharp (and also refers to how the Rogochover rejected something the Vilna Gaon wrote):
פער פיו בזלזולים כהאשה בת בוזי היושבת בשוק ומוכרת עיגולים בשער האשפתות ואולתו כפרתו כי אין קץ לשטותו ולגאותו.
אבל הוא אינו חושש לזה, לא להרמב”ם ולא להשו”ע, כי הוא חושב כי עד שבא הוא לעולם לא היתה לישראל תורה כלל כי לא הבינו תורה מאומה וממנו התחילה התורה ובו תסיים וראוי היה לו לומר דכל מי שאינו אומר כמותו יתכן כי הוא עוד גאון אבל אינו עוד גאון עצום ויחיד בדור כמוהו, אבל גאות אדם תשפילנו כתיב לכן הוא בגאותו שחקים משפיל את עצמו כי אמר רק דברים פשוטים הגונים לבור ולא גאונות והאיש שאינו אומר כמוהו הוא פחות מתלמיד בור ולא שייך בו גדר זקן ממרא ורק הוא שאומר דברי בורות יכול להיות זקן ממרא ח”ו ובאמת כי כל התורה שלנו מונחת במוחו בכח זכרונו הנפלא אבל כח הבנתו קטנה מהכיל זה (כי כח הזכרון וכח הבנה באדם הם שני כחות נגדיים זה לזה כידוע), ולכן הוא מבולבל ומשוגע ומקיים מ”ע והיית משוגע בכל פרטיה ודקדוקיה כראוי לצדיק ובגודל חסידותיה הוא מבטל גם דברי הגר”א מווילנא זצ”ל והוא יושב בעינים על הדרך כי תורתו מלאה עינים, עיין עיין, אבל אינה ברה מאירת עינים רק סמיות עינים.
Regarding the Vilna Gaon, I know of only one other figure in the twentieth century who expressed a somewhat critical view of him and that is R. Nahum Ben-Horim. Here is his picture.
  
I found the picture on this website, which is an ongoing translation of the important eight volume Leksikon fun der nayer yidisher literatur, which contains over 7000 names. The translator is Professor Joshua Fogel who, you might be surprised to learn, is not a Yiddishist. He is a professor of Chinese and Japanese history at York University in Toronto. In addition to his numerous publications in Chinese and Japanese Studies (almost fifty books written, translated, or edited), he has also published four volumes on the Talmud. See here. I think readers will find the introduction to his book on Tractate Avodah Zarah particularly interesting. See here. Fogel is just one of the many people whose lives have been enriched by the ArtScroll translation of the Talmud.
Ben-Horim, the author of Hakhmei ha-Talmud (Jerusalem, 1922) on R. Yohanan ben Zakai (among other books), was a very minor figure, but it is interesting nonetheless to see what he had to say. The following is a letter that I found here in the Chaim Bloch papers at the Leo Baeck Institute, AR7155-7156, p. 950.
 

As you can see, he writes as follows about the Vilna Gaon.

והוא בעצמו היה רחוק מאורחא דמהימנותא והראיה כי רדף צדיקים תמימים באף והחרים אותם. הגר”א היה בעל שכל חריף וגאון בידיעות אולם הוא לא היה מעיילי בלא בר לפני ולפנים וטעה והטעה רבים.
When he writes that the Gaon was not מעיילי בלא בר לפני ולפנים, this is a disparaging remark which comes from Sanhedrin 97b and means that the Gaon was not among those “who enter [the heavenly court] without restriction.”
It is also shocking to see Ben-Horim write:
מי שיודע ללמוד מעט או הרבה אסור לו להיות טפש ובעל גאוה וכאלה היו רבים בין הראשונים.
Returning to R. Yudelevitz, here is a picture of him that I previously posted.
He is on the right and R. Gavriel Zev Margulies is on the left. The picture is from 1925 and was taken outside the White House. R. Yudelevitz and R. Margulies were part of a delegation that met with President Calvin Coolidge. For a detailed discussion of R. Yudelevitz and the halitzah controversy, see R. Yoel Hirsch’s Yiddish article here. For another informative article by Hirsch on R. Yudelevitz, see here.
Everyone assumes that the idea of halitzah with an agent originated with R. Yudelevitz. However, R. Isaac Raphael Ashkenazi, the rav of Ancona, refers to this notion in a responsum from 1884.[28] He mentions that the rabbi of Modena (whose name is not mentioned) suggested doing halitzah with an agent. R. Ashkenazi strongly rejects this suggestion:
כי דבר זה מתנגד לפשט הכתובים ולשורש המצוה כאשר יבין בנקל כל מבין
Regarding halitzah, you can see an actual ceremony here and here, with R. Aryeh Ralbag presiding.
* * * * * *
1. It has been a while since I had a quiz, so here goes. In the current post I mentioned the prohibition of Torah study on Tisha be-Av. This is an example where the halakhah of Tisha be-Av is stricter than that of Yom Kippur. Many authorities rule that there is also something else that is forbidden on Tisha be-Av but permitted on Yom Kippur. Answers should be sent to me.
2. In my last post I raised the question as to why Middot and Kinnim are the only Mishnaic tractates included in Daf Yomi. Menachem Kagan, himself a Daf Yomi magid shiur, wrote to me that only these tractates of the Mishnah are included in the Vilna Shas as if they are talmudic tractates, by which I mean that they continue the page numbers of other talmudic tractates. We do not know why these mishnaic tractates were included in the Vilna Shas in this fashion, but this is certainly the reason why they were included in Daf Yomi. As to why only Shekalim from the Jerusalem Talmud is included in Daf Yomi, Kagan correctly notes that by including Shekalim the entire order of Moed is complete.
3. Betzalel Shandelman sent me the title page of a vocalized edition of the Mishnah Berurah. As you can see, R. Moses Rivkes’ name is vocalized as Ravkash. Shandelman also sent me the title page of the Oz ve-Hadar edition of the Mishnah Berurah and it does the same thing. I have never seen this vocalization before and it is incorrect. His name was Rivkes, which is from the word Rivkah, supposedly the name of his mother. Similarly, R. Joel Sirkes was called this, as his mother’s name was Sarah. R. Moses Isserles was called this as his father’s name was Israel. The pattern is clear: Rivkes, Sirkes, Isserles.[29] In each case the final letter is a sin, not a shin.

4. Readers have sometimes asked for a list of places where I will be speaking. It happens that there are a number of places in the next couple of months.
December 1-2, 2017, Shaarey Zedek, Valley Village, CA.
December 15-16, 2017, Ohel Leah, Hong Kong

December 29-30, 2017, Shaare Shalom and Kingsway Jewish Center, Brooklyn. On Saturday night, Dec. 30, 7:30pm at Kingsway Jewish Center I will be speaking on “Are We Really One? Orthodox Separatism from Germany until Today.”

January 5-6, 2018, Young Israel of Holliswood, Queens
January 19-20, 2018, Skylake Synagogue, North Miami Beach.
I will also be at Majestic Retreats’ wonderful Passover program in Fort Lauderdale.

[1] R. Shlomo Yosef Zevin, Ishim ve-Shitot (Jerusalem, 2007), pp. 75-76. R. Zevin, p. 75, also mentions that the Rogochover learnt Torah on Tisha be-Av.
[2] Alei Tamar, Berakhot, vol. 1, p. 96b.
[3] Orhot Rabbenu: Ba’al ha-“Kehilot Ya’akov” (Bnei Brak, 2001), vol. 4, p. 184.
[4] Nit’ei Gavriel, Avelut, p. 551 (ch. 106). In his discussion, R. Zinner calls attention to the fascinating information in R. Hayyim Karlinsky, Ha-Rishon le-Shoshelet Brisk (Jerusalem, 1984), p. 321, that when R. Joseph Baer Soloveitchik (the Beit ha-Levi) was sitting shiva for his father, he wanted people to tell him Torah insights from his father. When asked if this is not forbidden as Torah study during avelut, R. Soloveitchik replied:
חידושי תורה של הנפטר לא זו בלבד שמותר לבנו האבל לשמוע, אלא אדרבה! מצוה לו לשמעו. שכן מלבד שיש בהם משום זכות לנשמתו של הנפטר . . . הרי הם מגדילים ומרבים את צערו ויגונו של האבל בהעריכו יותר את אבידתו הגדולה בפטירת אביו.
[5] See e.g., R. Avraham Yekutiel Ohev Tziyon, Ya’alat Hen, vol. 1, p. 290; R. Hayyim Kanievsky. Derekh Sihah (Bnei Brak, 2004), 487.
[6] R. Abraham Weinfeld, Lev Avraham, no. 98.
[7] See R. Chaim Rapoport, “Sipurim Temuhim . . .,” Hearot u-Veurim 33:2 (2013), pp. 55-67, for an excellent discussion of the matter.
[8] R. Joseph Karo cites the passage from the Yerushalmi in Beit YosefYoreh Deah 384, but adds that this view was not accepted. Shibolei ha-Leket, ed. Buber (Vilna, 1887), Hilkhot Semahot no. 26 (p. 177), appears to be the only rishon to accept the Yerushalmi’s position. See R. Ovadiah Yosef, Yabia Omer, vol. 2, Yoreh Deah no. 26:3.
[9] R. Hayyim Kanievsky. Derekh Sihah, p. 487, thinks that the Yerushalmi’s position is why the Rogochover studied Torah while sitting shiva, but he did not want to tell people that this was his reason, presumably, because this would seem haughty. There are examples of other great scholars who studied Torah while sitting shiva, and they indeed explained their behavior by citing the Yerushalmi. See e.g., R. David Falk, Be-Torato Yehegeh (Jerusalem, 2012), p. 76. Yet this still remains problematic for some. See e.g., R. Moshe Shulzinger, Peninei Rabenu Yehezkel (Zikhron Meir, 1992), vol. 1, p. 48, who cites an unnamed “gaon” who did not approve of using the heter of the Yerushalmi and commented:
איך אפשר שהדין הנפסק שאבל אסור בת”ת נאמר רק ליושבי קרנות, ולא לת”ח המבינים ומרגישים בתורה כי היא חייהם ולהוטים אחרי’, אתמהה.
It is reported that while sitting shiva, R. Hayyim Soloveitchik studied in depth those Torah subjects that are only permitted to be studied in a perfunctory way. See Kamenetsky, Making of a Godol, p. 932. Kamenetsky also quotes R. Joseph B. Soloveitchik that according to R. Hayyim study that is not in depth is not even regarded as Torah study
[10] Speaking of antinomianism, see Yehudah le-Kodsho (Tel Aviv, 2001), vol. 3, pp. 117-118, where the hasidic rebbe R. Shlomo Eger of Lublin writes to the Rogochover arguing that as long as some prayer is said in the morning in the זמן תפילה, one can recite the morning Amidah after this time: יכולין להתפלל אימת שירצה. Unfortunately, we do not have the Rogochover’s response to R. Eger, in which he certainly would have blasted this unprecedented suggestion.
[11] BenayahuBerakhot 24b (p. 8a(.
[12] See Rapoport, “Sipurim Temuhim,” (above, n. 16), pp. 63-64. See ibid., note 50, for the numerous places in the Rebbe’s works where the story is found.
[13] For an interesting hasidic passage that includes Tisha be-Av but focuses on fasting rather than learning Torah, and includes a shocking comment about the Anshei Keneset ha-Gedolah, see R. Abraham Yelin, Derekh Tzadikim (Petrokov, 1912), pp. 13b-14b (emphasis added):
ושמעתי מחסיד ישיש א’ שנסע להרה”ק ר’ יחזקאל מקאזמיר ז”ל שהוא היה מקיל גדול בתעניות, ואמר שאנשי כנסה”ג שתקנו התעניות מתביישין על שלא הסתכלו בדורות אלו, וסיפר כמה ענינים מקולותיו שהיה קשה לי לכתוב, ובשם רבינו הקדוש ז”ל מפאריסאב שמעתי שאמר בזה”ל מוזהר ועומד אני מהה”ק ר’ נתן דוד ז”ל משידלאווצע לדרוש ברבים ששום אשה שראויה עדיין לילד לא תתענה כ”א ביום הקדוש, ולכן עכ”פ אדרוש זאת לידידיי.
I will deal with fasting in my next post.
[14] See the Vilna Gaon’s commentary and Tiferet Yisrael, ad loc. See also the Vilna Gaon’s commentary to I Chron. 1:4.
[15] Em la-Mikra, Gen. 10:2.
[16] Bayit Ne’eman 41 (17 Kislev 5777), p. 2. R. Mazuz cites R. Benamozegh. See also R. Mazuz, Mi-Gedolei Yisrael, vol. 3, p. 55.
[17] See Excursus 1.
[18] Kohut, Arukh ha-Shalem, s.v. גרמן, also did not know this, as he writes:
הרמב”ם גוזרו מלשון גרם עצם, וקשה להלמו!
[19] There are two “volume 1” of the Tzafnat Paneah. The one I refer to is the volume published by Mrs. Rachel Citron, the Rogochover’s daughter.
[20] See Yair Borochov, Ha-Rogochovi (n.p., n.d.), p. 179, for a report that the Rogochover suggested that the head pains he suffered from were punishment for perhaps having treated rishonim and aharonim without the proper respect. There is something very strange in this book on p. 176, which is cited מפי השמועה (see sources on p. 419). Borochov states that the Rogochover’s opinion was that Muslims are worshipers of avodah zarah, as they worship the moon! This is so absurd that it is difficult to believe that the Rogochover could have said it. Borochov then states:
והגאון המשיך: הרמב”ם לא פסק שהם עובדי עבודה זרה, כיוון שהוא התגורר בארצות האיסלם ופסק כזה היה בגדר סכנה ופיקוח נפש.
It is simply impossible to believe that the Rogochover could have said something so outlandish.
[21] See Excursus 2.
[22] Regarding the Rogochover’s harsh comments about other great Torah scholars, and how he referred to these scholars,  Zevuluni writes:

  התבטאויותיו החריפות כלפי רבים מגדולי התורה בדורו ואף בדורות הקודמים, לא גרמו בדרך כלל למרירות ולנטירת  איבה . . . הוא היה נוהג לקרוא לגדולי הדור ואף בדורות הקודמים בשמותיהם הפרטיים

Zevuluni records the following story that he heard from the Rogochover. The Rogochover was once a dayan in a large monetary dispute. After a compromise was reached, the litigants put a significant amount of money on the table as payment to the dayanim. The other two dayanim refused to take the money and the Rogochover therefore took it all. He explained that the Talmud, Hagigah 4a, states: “Who is [deemed] an imbecile (shoteh)? One that destroys all that is given to him.” The Rogochover said that one would have expected the Talmud to say, “One that destroys all that he has” rather than “all that is given to him.” From here, the Rogochover stated, there is a proof that if someone gives you something and you refuse to accept it, that you are an imbecile. The Rogochover added, “I do not want to to included in this category.”

Kamenetsky, Making of a Godol, also records comments of the Rogochover about other Torah scholars. See e.g., p. 743 n. i, that in 1934 the Rogochover said that there is no one in Eretz Yisrael who knows how to learn.

Interestingly, on p. 739, Kamenetsky quotes his father that R. Hayyim Soloveitchik and R. David Friedman of Karlin were greater scholars than the Rogochover.

[23] I discuss this matter in Between the Yeshiva World and Modern Orthodoxy, pp. 152-153, and in “Torah im Derekh Eretz in the Shadow of Hitler,” Torah u-Madda Journal 14 (2006-2007), pp. 85-86.
[24] In Modern Hebrew the word מעין is pronounced ma’ayan, as if there is a patah under the ayin. In reality, there is a sheva under the ayin. See Yehoshua Blau, “Al ha-Mivneh ha-Murkav shel ha-Ivrit ha-Hadashah le-Umat ha-Ivrit she-ba-Mikra,”Leshonenu 54 (2000), pp. 105-106.
[25] See Fixler, “Perush ha-Rambam le-Milim ha-Yevaniyot she-ba-Mishnah,” Asif 2: Tanakh u-Mahashavah (2015), pp. 384-393.
[26] Rashi’s explanation is not without problems. See R. Weinberg, Seridei Esh, vol. 3, p. 87.
[27] R. Elijah David Rabinowitz-Teomim also was very critical of the Rogochover, yet any such comments have been censored in his published writings. However, one passage was published from manuscript in Shmuel Koll, Ehad be-Doro (Tel Aviv, 1970), vol. 1, p. 202:

 והרב ר’ יוסף ראזין נ”י הנקרא הראגאצובער מדינאבורג, אמר שדברי הח”ס הם דברי שטות – ונבהלתי לשמוע קלות הדעת ממי שהוא רב יושב כסאות למשפט הוראה לדבר דברים כאלה על אור עולם הח”ס ז”ל, אשר בצדקתו ורוחב לבבו כפתחו של אולם הוא כאחד הראשונים ומי כמוהו מורה בכל חדרי תורה, ובעוה”ר רבו הקופצים בראש שלא למדו כל צרכן, ולא שימשו כל עיקר שמוש ת”ח, אשר לחד מ”ד עדיין הוא ע”ה כבברכות מ”ז ב’, חבל על דאית לי’ דרתא ותרעה לדרתי’ ל”ע, ואף למאן דל”ל גם דרתא
[28] VaYa’an Yitzhak, Even ha-Ezer, no. 15.
[29] When I say “the pattern” I mean the pronunciation of the first syllable, as Isserles was actually probably pronounced “Israls.” The final “s” is a possessive so Moses Israls (Isserles) = “Moses of Israel”, Joel Sirkes = “Joel of Sirka (Sarah), and Moses Rivkes = “Moses of Rivkah.” See R. Hayyim Yitzhak Cohen’s letter in Or Yisrael 45 (Tishrei 5767), p. 252. Other surnames that come from a female progenitor are, as Shimon Steinmetz reminded me, Chajes, Edels, and Pesseles. I assume that Perles is also to be included in this list. I do not know about the name Fleckeles, but there is a place in Germany called Fleckl, so that might be the origin.



The Origin of Ta‘anit Esther

The Origin of Ta‘anit Esther

By Mitchell First

Introduction

The origin of this fast has always been a mystery. A fast on the 13th of Adar is not mentioned in the Megillah. Nor is such a fast mentioned in Tannaitic or Amoraic literature. Megillat Ta‘anit, compiled in the first century C.E., includes the 13th of Adar as a day upon which Jews were prohibited from fasting. A widespread view today is that the fast arose as a post-Talmudic custom intended to commemorate the three days of fasting initiated by Esther in Nissan. There are Rishonim who take this approach.[1] But Geonic Babylonia is where the fast first arose and this approach is not expressed in any of the sources from Geonic Babylonia. Moreover, the statements in these sources are inconsistent with this approach. I am going to suggest an approach to the origin of the fast that is consistent with the material in the Babylonian Geonic sources.

I. The Earliest Sources That Refer To A Practice Of Fasting On The 13th

The earliest sources that refer to a practice of fasting on the 13th are the following: – One of the four she’iltot for Purim included in the She’iltot of R. Ahai Gaon, a work composed in 8th century Babylonia. – An anonymous Babylonian Geonic responsum that made its way into Midrash Tanhuma (Bereshit, sec. 3). (The discussion in this responsum and in the She’iltot is very similar.) – A responsum of R. Natronai, head of the academy at Sura from 857-865 C.E. This responsum refers to the fast as פורים תענית. [2] – The Siddur of R. Se‘adyah (882-942).[3] Here, the fast is referred to as אלמגלה צום (=the fast of the Megillah).[4] The Siddur of R. Se‘adyah was composed in Babylonia.[5] – An index to a collection of Babylonian Geonic responsa.[6] The compiler of the index recorded the first few words of each responsum. In our case, the compiler recorded: לנפול אנו רגילין באדר יוש יג[7] ובתענית. The responsum itself is no longer extant. The responsum itself is no longer extant. – A responsum addressed to R. Hai (d. 1038).[8] This responsum inquires whether, in the case of a hakhnasat kallah that occurs on a fast day such as the 13th of Adar, the one who makes the blessing on the kos of berakhah is permitted to drink. – An anonymous Babylonian Geonic responsum that includes the following statement: השני אדר של כי”ג מתענין נמי הראשון אדר של וי”ג.[9] II. Analysis According to Robert Brody, the four she’iltot for Purim were probably not in the original She’iltot when it left the hands of R. Ahai in the 8th century. They were authored in a later stage.[10] She’ilta #79, the one which refers to fasting on the 13th of Adar, is even more problematic than the other three. After the first few lines in Aramaic, the balance of this she’ilta is almost entirely in Hebrew, unlike the rest of the She’iltot. Careful comparison of she’ilta #79 with the Geonic responsum that made its way into Midrash Tanhuma suggests that the Geonic responsum is the earlier source.[11] It is reasonable to work with the assumption that this responsum dates from the eighth or ninth centuries. This responsum adopts a very unusual interpretation of the sections of the Mishnah at the beginning of Tractate Megillah. These sections permit villagers to fulfill their Megillah obligation on the 11th, 12th, or 13th of Adar, on yom ha-kenisah, under certain conditions. In the plain sense of these sections, yom ha-kenisah refers to Mondays and Thursdays, and the teaching is that the reading for the villagers is allowed to be advanced to these days when the villagers enter, or gather in, the cities. But in the interpretation adopted by the Geonic responsum, yom ha-kenisah means the fast of the 13th of Adar (= the day on which the Jews gather to fast). The reading for the villagers is allowed to be advanced because the date of the observance of the fast day is being advanced due to a prohibition to fast on shabbat and ‘erev shabbat that is being read into the Mishnah. In this interpretation, the advanced fast day is a day upon which the reading for the villagers is allowed. The Geonic responsum included in Midrash Tanhuma reads as follows: They asked: It was taught that the Megillah may be read on the 11th, 12th, 13th, 14th and 15th, but not earlier or later. R. Judah said that this rule is only in effect when the calendar is established by the testimony of witnesses and Israel dwells on its own land, but in our times…the Megillah can only be read on the proper date (=the 14th or 15th). Does the halakha follow the first opinion or does it follow R. Judah? They responded: According to both R. Judah and the first opinion, the Megillah can only be read on the proper date. The following is what the first opinion meant. Towns that were surrounded by walls at the time of Joshua son of Nun read on the 15th. Villages and cities read on the 14th, but villages may advance their reading to yom ha-kenisah. When the Mishnah taught that the Megillah may be read on the 11th, 12th, 13th, etc., that applied to one who is engaged in fasting, as it was taught at the end of the Mishnah: “but villages may advance their reading to yom ha-kenisah.” What is yom ha-kenisah? The day of gathering, as it is stated (Meg. 2a): The thirteenth was a day of gathering for all (Heb: yom[12] kehillah la-kol hiy), as it is written (Est. 9:1-2): “in the 12th month, the month of Adar, on its thirteenth day… the Jews gathered themselves (Heb: nikhalu) in their cities.” They gathered themselves and decreed a fast on the 13th of Adar. But the 14th was a holiday, as it is written (Est. 9:17) “and they rested on its 14th and made it a day of feasting and gladness.” In Shushan ha-birah, they only rested on the 15th. Therefore, Shushan and all walled towns read on the 15th and make that a festive day. When the Mishnah taught that “the Megillah may be read (on the 11th, 12th, 13th …)” that concerned one who is engaged in fasting, because it is forbidden to engage in fasting on shabbat. If the 14th falls on the first day of the week, it is forbidden to fast on shabbat. It is also forbidden to fast on ‘erev shabbat, because of the necessity of preparing for shabbat. Rather, the fast is advanced to Thursday, which is the 11th of Adar. If the 14th falls on shabbat, it is forbidden to fast on ‘erev shabbat because of the necessity of preparing for shabbat. The primary reason for a fast day is the recital of selihot and rahamim, and reciting these (instead of preparing for shabbat) will detract from honoring the shabbat. Honoring the shabbat is more important than a thousand fasts, for honoring the shabbat is a commandment from the Torah, while the fast is a rabbinic decree (Heb: ta‘anit de-rabbanan). The Torah commandment of honoring the shabbat takes precedence over the fast, a rabbinic decree. Hence the fast is advanced to Thursday, the 12th. If the 14th falls on ‘erev shabbat, the fast is observed on Thursday, which is the 13th. This is set forth in the Mishnah. How does this occur? If it falls on a Monday, villages and cities read that day and walled towns read the next day. If it falls on shabbat or the first day of the week, villages advance the reading to yom ha-kenisah, etc. But when the 9th of Av falls on shabbat, the fast is postponed until after shabbat, since this fast was instituted as a punishment. Therefore, the fast is postponed and not advanced. One of the cases discussed in the above responsum is the case of the 14th falling on shabbat. Almost certainly, this was not something still occuring at the time this responsum was composed.[13] This suggests, as does a close reading of the responsum, that the responsum is not describing a practice of fasting on the 13th that was occurring in its time. It is only interpreting M. Megillah 1:1-2, the ninth chapter of the book of Esther, and a statement in the Talmud (Meg. 2a: yod-gimmel zeman kehillah la-kol hiy), and describing a practice of fasting on the 13th that theoretically occurred in ancient times, according to the interpretations it was offering. The interpretation of yom ha-kenisah expressed in the Geonic responsum is far from its plain sense. If M. Megillah 1:1-2 was referring to the advancement of the reading to a fast day, the term we would expect it to use would be yom ha-ta‘anit. Moreover, M. Megillah 1:3 includes the following statement by R. Judah: “When [may the reading be advanced]? In a place where they enter (makom she-nikhnasin) on Monday and Thursday.” This strongly suggests that the term yom ha-kenisah at M. Megillah 1:1-2 refers to Mondays and Thursdays. Finally, an anonymous Talmudic discussion at Megillah 4a-b understands yom ha-kenisah as a reference to Mondays and Thursdays.[14] The interpretations expressed of Est. 9:1-2 and of the Talmudic statement yod-gimmel zeman kehillah la-kol hiy are far from plain sense interpretations as well. The critical question in determining the origin of the fast of the 13th of Adar is what motivated these unusual interpretations. Obviously, one possible motivation was an attempt to justify an existing practice to fast on the 13th. But I am going to suggest something entirely different that motivated these interpretations. Then we can understand the practice of fasting on the 13th as having originated as a consequence of the interpretations. As I mentioned, the responsum included in Midrash Tanhuma was from Babylonian Geonim, and it is reasonable to work with the assumption that it dates from the eighth or ninth centuries. As documented in my article, a major issue of halakha in this period was the permissibility of fasting on shabbat.[15] The unusual interpretations can be explained under the assumption that the authors were responding to and opposing contemporary practices of fasting on shabbat and ‘erev shabbat. Interpreting yom ha-kenisah the way they did enabled them to cite M. Megillah 1:1-2 as a source which prohibited fasting on shabbat and ‘erev shabbat. In their interpretation, the reading for the villagers is allowed to be advanced because the date of the observance of the fast day is being advanced, due to a prohibition to fast on shabbat and ‘erev shabbat that they were reading into the Mishnah. The practices that the authors of the unusual interpretations could have been responding to could have been: 1) the practice in Babylonia of fasting on the shabbat before Yom Kippur, 2) practices in Babylonia of fasting on shabbat as a form of repentance or piety, or by those whose ideal shabbat consisted of studying or praying all day, or by those who enjoyed fasting, or 3) practices of fasting on shabbat in Palestine in the above contexts. It is also possible that the main motivation of the authors of the unusual interpretations was opposition to a practice of fasting on ‘erev shabbat. I suggest that the unusual interpretations expressed in the Geonic responsum arose as a result of one or more of these polemical motivations. This led M. Megillah 1:1-2 to be interpreted to imply a prohibition to fast on shabbat and ‘erev shabbat. A new “tradition” about an ancient fast on the 13th of Adar was the result. One clue that the authors were responding to contemporary practices of fasting on shabbat and ‘erev shabbat is that the responsum includes a polemical line stressing the importance of honoring the shabbat: “honoring the shabbat is more important than a thousand fasts…”[16] The early 9th century polemical letter of Pirkoy ben Baboy uses almost the same language: “One who delights in one shabbat is greater than one who sacrifices a thousand sacrifices and (fasts) a thousand fasts.”[17] The main weakness with my approach to the origin of the fast is the argument that it is not likely that a Mishnah would be polemically interpreted to such an extent that the interpretation would result in the observance of a new (assumed to be ancient) fast day. My response is that those who authored the interpretation did not foresee that a new fast day would come be observed as a result of their interpretation. That the fast of the 13th of Adar did not arise as commemoration of the three days of fasting initiated by Esther is seen from the name for the fast day in the earliest sources. The responsum of R. Natronai is the earliest source that refers to the fast by a name, and it refers to the fast as Ta‘anit Purim. Of the four sources in the Geonic period from Babylonia and its environs that refer to the fast by a name, most likely none of them calls it Ta‘anit Esther.[18] When the Babylonian Geonic sources express or imply something about the origin of the fast, what is consistently expressed or implied is that the fast is a rabbinic obligation, and not merely a post-Talmudic custom. For example, the Geonic responsum included in Midrash Tanhuma refers to the fast as a de-rabbanan. Moreover, an anonymous Geonic responsum takes the position that, in a leap year, one fasts even on the 13th of the first Adar. Most likely, it takes this position because it views fasting on the 13th of Adar as an obligation, based on the interpretation of Est. chap. 9 expressed in the Geonic responsum included in Midrash Tanhuma. If it viewed the fast as a post-Talmudic custom meant to commemorate fasting that took place in Nissan, a fast on the 13th of the second Adar would almost certainly have been viewed as sufficient. In my article, I documented four sources that refer to a Palestinian practice of fasting three days (on a Monday-Thursday-Monday cycle) in Adar. These sources are: Massekhet Soferim (chaps. 17 and 21), and three other sources that have come to light from the Genizah. The Palestinian practice almost certainly was a commemoration of the three days of fasting initiated by Esther in Nissan.[19] That the Palestinian practice was understood as a commemoration of the three days of fasting initiated by Esther probably contributed to the name for the Babylonian fast of the 13th evolving into Ta‘anit Esther.[20]

 

This essay is a brief summary of my recent article that appeared in Mitchell First, “The Origin of Ta’anit Esther,” AJS Review 34:2 (November 2010): 309-351, and is adapted with the permission of Cambridge University Press.
[1] An early example is probably Maimonides. An erroneous period and vav (the vav of ובי”ג) made their way into the standard printed text of his Hilkhot Ta‘aniyyot 5:5, after the sixth word. (The necessary corrections have already been made in the Frankel edition.) The corrected text reads: המן בימי שהתענו לתענית זכר באדר בי”ג להתענות אלו בזמנים ישראל כל ונהגו (Est. 9:31) שנאמר דברי הצומות וזעקתם… Maimonides clearly states that the custom of fasting on the 13th is only of recent origin, and that it is a commemoration of a fast that took place in the time of Haman, i.e., in Nissan. Maimonides is forced to cite to Est. 9:31 because chapter 4 does not expressly state that the Jews of Shushan fasted in response to Esther’s request.
[2] Robert Brody, Teshuvot Rav Natronai Bar Hilai Ga’on, 303-04, responsum # 177.
[3] Siddur Rav Se‘adyah Ga’on, eds. Israel Davidson, Simhah Assaf, and Yissakhar Joel, 258 and 319-338.
[4] Ibid., 319.
[5] It was not composed in Palestine, where R. Se‘adyah lived earlier. Ibid., intro., 22-23.
[6] Louis Ginzberg, Geonica, vol. 2, 67-68.
[7] Ginzberg suggests that the correct reading is shel or yom.
[8] Shelomoh Wertheimer, Sefer Kohelet Shelomoh, 14.
[9] Louis Ginzberg, Ginzey Schechter, vol. 2, 136.
[10] Brody, Le-Toledot Nusah Ha-She’iltot, 186 n. 5, and The Geonim of Babylonia and the Shaping of Medieval Jewish Culture, 209 n. 29. Structurally, they are deficient as she’iltot. Also, there is some variation in the manuscripts with regard to their location in the work. This suggests that they were later additions, attemped to be integrated into an already fixed work.
[11] It is organized and concise, and seems to reflect an attempt to record an official interpretation of M. Megillah 1:1-2. She’ilta #79, on the other hand, seems to be taking for granted an already established explanation of M. Megillah 1:1-2 that it is reiterating and commenting upon.
[12] Megillah 2a and she’ilta #79 have zeman instead of yom.
[13] When the 14th of Adar falls on shabbat, the upcoming Yom Kippur would fall on Friday. Already in the time of R. Yose b. Bun (c. 300), the 14th of Adar was not being allowed to fall on shabbat or Monday, so that Yom Kippur would not fall on Friday or Sunday. See Y. Megillah 1:2 (70b), EJ 5:49, and Yosef Tabory, Mo‘adey Yisra’eil Bi-Tekufat Ha-Mishnah Ve-Ha-Talmud, 28. See also Rosh Ha-Shanah 20a. She’ilta #79 stated explicitly that the 14th of Adar no longer fell on shabbat in its time.
[14] The severe difficulties with interpreting yom ha-kenisah as the 13th of Adar are noted by many authorities. Interestingly, there exists a manuscript of Megillah 2a (NY-Columbia X 893 T141) in which this interpretation (taken from the She’iltot) is included on the Talmudic page. The statement included is: למכתב צריך ולא בעריהם נקהלו היהודים שנ׳ היא לכל קהילה זמן עשר שלשה אחא רב פיר׳ …לתענית ישראל בו שמתכנסין תענית יום דהוא It is therefore incorrect to state that the fast of the 13th of Adar is nowhere mentioned in the Talmud!
[15] See my article, 335-339. Much of the relevant material is found at Ozar Ha-Ge’onim, Yom Tov, secs. 41-49.
[16] The material in the Geonic responsum and in she’ilta #79 is very similar. But the passage “honoring the shabbat is more important than a thousand fasts” is found only in the Geonic responsum. The fact that the responsum does not illustrate seven scenarios, but only illustrates the scenarios of the 14th falling on Friday, Saturday, Sunday, and Monday, also suggests that the main motivation for its interpretations was related to shabbat and ‘erev shabbat.
[17] Ozar Ha-Ge’onim, Yom Tov, 20, sec. 41. This was a polemical letter written to the Jews of North Africa and Spain, instructing them that Palestinian customs should not be followed. Pirkoy, a Babylonian Jew, tells us that he was a disciple of someone named Rava who was a disciple of R. Yehudai. (R. Yehudai was head of the academy at Sura from approximately 757-761 C.E.) Pirkoy writes that many of the Palestinian customs originated as emergency measures during times of persecution, or were customs resulting from ignorance. It was only in Babylonia that accurate traditions were preserved. Among the Palestinian practices that Pirkoy criticizes was their practice of fasting on shabbat.
[18] The four are: R. Natronai, R. Se‘adyah, Al-Biruni, and the expanded version of Seder Parshiyyot Shel Yamim Tovim Ve-Haftarot Shelahen. R. Natronai refers to the fast as Ta‘anit Purim. R. Se‘adyah refers to the fast as אלמגלה צום. Al-Biruni, a Moslem scholar of Persian origin (writing in 1000 CE), calls the day “the fasting of Alburi” (Purim). Seder Parshiyyot probably dates from the late ninth or early tenth century. It includes a shortened version of the responsum of R. Natronai that had referred to the fast. There are only three manuscripts of the expanded version of Seder Parshiyyot, none of which was actually copied in Geonic Babylonia. Two of the manuscripts read Ta‘anit Esther, while one reads Ta‘anit Purim. Since R. Natronai’s original responsum read Ta‘anit Purim, it seems likely that the manuscript of Seder Parshiyyot that reflects this reading has preserved the original reading and that the other reading originated with a copyist altering the name to fit the name for the fast prevailing in his locale. Massekhet Soferim refers to sheloshet yemey zom Mordekhai ve-Esther. But the reference is to the Palestinian practice of fasting three days on a Monday-Thursday-Monday cycle. Massekhet Soferim was most likely composed in the 9th or 10th century, in a community under Palestinian influence, such as Italy or Byzantium. See Debra Reed Blank, “It’s Time to Take Another Look at at “Our Little Sister” Soferim: A Bibliographical Essay, JQR 90 (1999): 4 n. 10, and M. B. Lerner, “The External Tractates,” in The Literature of the Sages, ed. Shmuel Safrai, 399-400.
[19] This Palestinian practice may even have preceded the Babylonian practice of fasting on the 13th, although this cannot be proven.
[20] See my article, 333, n. 98. The fast of the 13th was already known in some areas as Ta‘anit Esther by the 11th century. Ibid., 332-333.



Bitul ha-Tamid: the History and Application

Bitul ha-Tamid and Edgar Allan Poe* The Mishna in Tannit records that 5 bad events occurred on the 17th of Tamuz, one being the cessation of the daily sacrifice, the tamid.
The Talmud Bavli offers the background to the other four events. When it comes to the cessation of the Tamid, all the Bavli does is state “Gemara.” It is left to the Yerushalmi to fully explain the story. The Yerushalmi, (Tannit, 4:5), records that
the Jews to maintain the tamid worked out a deal with the Romans who were besieging the city. Everyday the Jews would lower down a basket full of
coins, and in its stead, the Romans would return the necessary animals. One day, the 17th of Tamuz, however, after the Jews gave the
requisite money, instead of the correct animals the Romans replaced
them with pigs. Thus, the Jews were unable to bring the tamid and the sacrifice stopped from that time on. As
mentioned, this story only appears in the Yerushalmi and not the Bavli. (Although the Bavli records a similar story, it is about the Hashmonaim and not the Roman’s, nor does it mention the bitul ha-tamid.)
Further, Josephus does not record it either (he briefly mentions that the daily sacrifice stopped on the 17th without giving details – see Wars of the Jews, book VI, chapter 2). Although these works do
not record it, Edgar Allan Poe does. Specifically, he has a story
titled “A Tale of Jerusalem” which, more or less, is this story
repackaged. You can read the whole story here. Basically, the story details the two priest whose job it was to lower
the baskets of gold. Poe ends with the pigs being raised instead. Not
only does Poe use this somewhat obscure story, he even injects some
detail that one would need to be versed in the original story to fully
appreciate. The priest in question are who belonged to the sect called
“The Dashers (that little knot of saints whose manner of dashing and
lacerating the feet against the pavement was long a thorn and a
reproach to less zealous devotees–a stumbling-block to less gifted
perambulators).” This is a play on the talmudic description of the
priests – that they are quick – kohanim zerizim hem. Poe assumes familiarity with the Hebrew alphabet to a degree that one would know the letter yud
is the smallest. As he says “thou canst not point me out a
Philistine–no, not one–from Aleph to Tau–from the wilderness to the
battlements–who seemeth any bigger than the letter Jod!” The question is where in the world did Poe get this. According to some it seems Poe got this from another novel from “1828, Zillah, a Tale of Jerusalem,
by Horace Smith (1777-1849). Poe incorporated whole phrases and
sentences from Smith’s story: “Poe’s story is more than a parody; it is
literally a collage of snatches of the Smith novel, cut out and pasted
together in a new order.”
That being said, it seems that Poe was still
more familiar with this story than Zillah
and we are left to wonder did Poe study Talmud? He wouldn’t be the
first famous American author to do so. Thomas Jefferson had a copy of a
volume or two of the Bavli. Although, here, it would appear Poe one
upped Jefferson by being a baki in Yerushalmi as well.
Bitul ha-Tamid in Later History Although the actual tamid stopped on the 17th of Tamuz, the phrase “bitul ha-tamid” continues to be used. According to some, Rabbenu Gershom, amongst the many takanot he was involved in, instituted bitul ha-tamid. Bitul ha-tamid as used in this sense means to stop the daily prayers. That is, if a person had a grievance, they could stop the prayers or public torah reading, until the community dealt with the issue. Some rishonim trace bitul ha-tamid to a Yerushalmi that records R. Yochanon telling someone to stop the prayers to have his way. (See Teshuvot ha-Rashba, vol. 4, no. 56). Bitul ha-tamid was a serious and well-recognized device. For example, the Or Zarua records that “on the week of parshat Emor, someone stopped the services, and there was no torah reading. Thus, they had to read both Emor and Behar the next week.” (Or Zarua, Laws of Shabbat no. 45). Note that there was no question about the legality of forcing the entire community, in this case Cologne Germany, skipping the torah reading. The only issue was how to make it up. The Sefer Hassidim records the process:

The one wishing to stop the prayers goes up either before barachu (or seder kedusha) to where the Hazan is standing. This person then closes the prayer book of the Hazan and announces “I am the one who stopped – [the word kalu or kalman possibly from clamour] and the hazan immediately stops the prayers. If he wants to stop the torah reading, he goes up to the steps before the ark and announces ‘I will not allow the torah to be removed.’ Some do this on the torah’s return – they stop the return. Sefer Hassidim no. 463.

Obviously, this device could not be used for any minor grievance, the question some deal with is exactly when this can be used. One of the teshuvot ha-Geonim records that in Bavel, they only allowed this to be used when a person refused to show up for bet din. That is, if someone sues someone and the party refuses to come to bet din, one can go to the recalcitrant person’s synagogue and make this announcement. In this same responsum, however, it records a different opinion that allows for one to collect on an outstanding debt – but, in the case of a debt collection to only do bitul ha-tamid once. The Sefer Hassidim, however, allows for bitul ha-tamid to collect necessary funds for the poor. As one would expect, it appears that this process became abused. The Sefer Hassidim, the source for much material on this topic also includes a warning to anyone who misuses this that they will have to pay for abuse of the process. Similarly, R. Efrahim Lunschintz in his Amudei Shesh explains that abuse of this process only harms god as he misses out on prayers he otherwise would have received. At base, it is understood that this is a powerful tool to get one’s grievances heard, but what is the rationale behind this custom? According to Goiten, and based on genizah materials, he explains that bringing one’s grievance before all – is demonstrative of the notion that bet din “were but representatives of the community, which, in principle, was the supreme judge. The biblical concept ‘the people shall judge’ (Numbers 35:24) was still very much alive.” Goiten notes that this process was not limited to men, and instead, the geniza preserves some “eloquently styled and beautifuly written appeals to the community by women.” Goiten posits that the women did not actually enter the men’s section but had someone reads these on their behalf. See Goiten, A Mediterranean Society, vol. II, pp. 324-26. A very different purpose for this procedure is espoused by a Lithuanian memoir. Basically, by this account, as “the Jewish townlets of Lithuania and Poland did not” have a well-developed press, “what weapon did the poor widow have at hand for calling public attention to the iniquities of, say, the money lender?” The answer, of course, “They delayed the reading of the weekly Portion on the Sabbath!” A story of a poor widow is provided to illustrate this point. She comes Shabbat morning, and is brought in to the main sanctuary on a cot where she moans

My child! My child! You are murderers! Take pity and give me back my child! . . . We children knew this woman quite well. . . All of us knew that this good old woman was now confined to her bed and quite helpless. And we also knew that the cause of her illness was due to the forcible drafting of her only son, Borukke the Tinsmith, into the army. We had also heard frequent comments at our homes on this heartless deed of the Town Elder in taking away this poor widow’s only son in exchange for the few hundred rubles he received from David Refoel’s for letting his own son – his fourth son- escape his duty, by finding a substitute for him in the son of the widow . . . The entire townlet knew of this iniquity and in the privacy of their homes had denounced it as a great outrage; but publicly they were afraid to speak of it. They were afraid to start a rumpus with the Elder who enjoyed the friendship of the town’s Chief of Police. Everyone in the Congregation immediately put aside his Pentateuch and paid the closet attention to the bed-ridden widow’s supplication. The only one in the assembly who pretended to be unconcerned in the matter and began to read aloud to himself the weekly Portion, was David Refoel’s. This painful scene lasted but a few brief minutes when from behind the Bimah there emerged Honeh the Shoemaker who, with his fists doubled, rushed over to the Elder and yelled out in a voice choking with anger: “If Borukke Tamar’s is not freed from military service you will all be sent in chains to Siberia! Do you think we don’t know that you have bought substitutes? Take care!” An informer usually was hated by the town folk. But in this case they all gave their approval to Honeh the Shoemaker . . . It took just about one week before Borukke’s claim to exemption on account of being an only son was properly recorded and he returned to his mother’s home, a free man. Saks, Worlds that Passed, pp. 79-85.

Although I haven’t seen this in print, I was told that when R. Solovetchik came to Boston there was no mikveah in Boston (there was one outside). R. Solovetchik instructed the women to stop the torah reading until sufficient funds were pledged for a mikveah. *A portion of this post appeared in a slightly different format a few years back. I have updated that portion and added about bitul ha-tamid generally. Additionally, much material on bitual ha-tamid appears in Simcha Assaf’s work, Battei ha-Din ve-Sidreihem (1924), pp. 25-29.