The post below is a continuation from this prior post.

America posed some unique questions regarding marriage and divorce laws. In the early period of American Jewish history, many people were not erudite. In an apparent effort to help with this deficiency, in 1901, R. Dov Baer Abramowitz published his Sefer Ketubah. This book contains tear out, pro forma ketubot. Thus, the Rabbi could just rip one out whenever he needed to. (No. 588). Another work which dealt with marriage issues is a small pamphlet published in 1909. This dealt with the question of a man who was induced to marry a woman who was “mentally unbalanced.” The husband was allowed to marry a second wife via a heter me’ah rabbanim (the consent of one hundred rabbis). Typically, these 100 must come from different countries, however, here, for the first time, R. Rosenfeld, the author, “explained that it could be issued by American rabbis alone because ‘at one time [the United States] were separate countries. And even today each state is, to a certain extent, [a] separate [entity].'” (No. 1144).

While on the one hand there were many in America that were in the Jewish sense, illiterate, there were also those on the opposite end of the spectrum as it was, who published scholarly works. Dr. Louis Ginzberg, published in 1909 Seriedi HaYerushalmi min HaGeizah asher b’Mitzrayim. This book contained, as the title indicates, fragments from the Cairo Genizah which enabled Ginzberg to offer correction to the standard edition of the Jerusalem Talmud. It seems that this was deemed so important even outside the U.S. As “Ginzburg’s research was included – without attribution – in the Vilna 1922 edition of the Yerushalmi” (No. 606).

This copyright infringement was actually a two way street. In 1919, The Union of Orthodox Rabbis of the United States and Canada published, for the first time in America the complete Talmud. While this signaled a new era in the Jewish learning in the US, it seems that the publishers did not secure all necessary rights before embarking on this printing. Specifically, this edition is a photo-reproduction of the Romm, Vilna edition of the Talmud. This did not go unnoticed. “Moses Rosenberg wrote to R. Hayyim Ozer Grodzinski of Vilna on behalf of the Romm publishing house. He accused Agudath Harabbonim of reproducing the Romm edition without permission and requested that Agudath Harabbonim be summoned to a rabbinical court.” (No. 635). This letter is reproduced at the end of volume II of the work. (p. 1181). The end of the second volume contains many historical letters from Yosef Goldman’s collection. Additionally, there are photographs and autographs of some famous American Rabbis as well in this last section.

On the theme of lack of religious observance, there is no lack of books dealing with this. Moses Weinberger’s book, which Sarna translated into English, “People Walk on their Heads” is but one example. R. Elijah Kochin, Sefer Aderet Eliyahu (Pittsburgh, 1917) where he complains “the city of Pittsburgh is still hefker [anarchic] and it lacks everything necessary for the highest level of observance.” He decried the “accepted evil custom in this land which says that he who lies the most by bluffing, as it is called, is to be praised.” (No. 784).

Already in 1872, Nahum Streisand who I have no idea if any relation to the now woman singer Barbara, which would be rather ironic in light of the fact this book “contains an analysis of the rabbinic debate over the prohibition for a man to hear a woman singing. Streisand had originally sent its contents to Henry Vidaver after the latter issued a ruling permitting women to sing in the choir of his congregation, Bnai Jeshurun.” (No. 1091).

Other issues which came up include metzizha b’peh and whether one can use a sponge. See nos. 1117. In 1915 a book on circumcision was published which, in part dealt with metzizah b’peh by the milah board. This board was “recognized by the New York City Commissioner of Health . . . [who said] the educational value of such work as the Milah Board has done in this matter is of the greatest help to the City, and particularly to our department.” (No. 1158).

Another issue was the use of wine during Prohibition. Dr. Louis Ginzburg published a responsa which argued that grape juice was sufficient for ritual that would otherwise require wine. He did this as “during the era of Prohibition, the government granted special licenses allowing the sale for sacramental purposes. Some Jews abused these licenses.” Ginzburg, wanted to void the use of wine, thus obviating the need for such licenses. This responsa “elicited enough interest in the secular world to merit a press conference and coverage in a major newspaper [i.e. the New York Times].” (no. 1177).

This was not the only work influenced by Prohibition. Isidore Koplowitz published “Midrashic Exegetics on Wine and Strong Drink.” He endeavored to prove “that the Hebrew prophets and a host of Talmudic Rabbins, were outspoken in the great cause of prohibition.” No. 1179.

There are two new list of out-of-print seforim available. The first, is via email, you can request the list from sba-at-sba2.com. The second is mainly a list of German imprints (it includes a couple of books Solomon Schechter owned) and can be viewed here. Additionally, Kestenbaum recently had their latest auction, unfortunately their catalog is no longer available online, but if you previously downloaded the catalog you can see the price results here.

While Mississippi Fred recently discussed the missing nun (that is the Hebrew letter and not the people), last week we were treated to those Oh, Inverted World Nuns. Although, today this odd textual device is standard at least in its use, although there are some variations as to exactly how one does it (Sefardim do it more like a z and Ashkenazim have the upside down backwards nuns -more about this later). You can see some examples here, including one where the text was changed.

In fact, it is far from clear whether one should do this at all. Most notably, R. Shlomo Luria (Maharshal) argued that the Talmudic passage this custom is based upon only mandates the typical break for a parsha and not any upside down or otherwise letters. The passage only states that a sign should be made for this parsha and nothing more. He argues that such letters in the Torah render the Torah passul (unfit for use). R. Luria also notes the lack of uniformity in presenting such nuns, there are 19 different ways he came across to make the nuns. Some even flip the nuns of the text of the Torah and do not place the strange letters prior to and after the parsha in question. Thus, according to R. Luria, all of our Torahs which contain such nuns are passul.

R. Yechezkial Landau (Noda B’Yehuda), however, among others, defends the custom. He claims that the use of such a non-letter i.e. an upside down or z shaped non-letter is the key to allowing such a practice. As since this is not a letter at all therefore it is just a sploch of ink which doesn’t render the torah unfit for use.

Although the nuns in last weeks reading are almost universal, there is another inverted nun in the Torah that is attested to by R. Shlomo Yitzhaki (Rashi) which, it seems, is not accepted at all. Rashi at the end of Parshat Noach says that the name of Abraham’s father, Haran has an inverted nun. But this doesn’t appear at all. (Another missing nun as it was.)

For more on this topic see here and here. Read She’alot u’Teshuvot Maharshal, no. 73; She’alot u’Teshuvot Mahram m’Lublin, no 75; She’alot u’Teshuvot Noda B’Yehuda, vol. 1 yoreh Deah no. 73; R. Menachem Mendel Kasher, Torah Shelmah, vol. 29 p. 124-130 (where he provided pictures of the various methods of writing the nuns); C.D. Ginsburg, Introduction to the Massoretico Critical Edition of the Hebrew Bible p. 341; Shnayer Z. Leiman, “The Inverted Nuns at Numbers 10:35-36 and the Book of Eldad and Medad” in Journal of Biblical Literature 93:3 (Sept. 1974): 348-55; Saul Lieberman, Hellenism in Jewish Palestine, 38-43; Emanuel Tov, Textual Criticism of the Hebrew Bible p. 54-55.

As a service for those who either don’t have access or the time to browes the seforim stores to see what new has been printed I will now on a periodic basis list the seforim I have recently purchased/seen. The vast majority of these I will have seen/purchased will be from Biegeleisen books in Boropark (718) 436-1165.

At times I will have lenghter comments and some books I will just list and leave to the reader to investigate further.

1) The second volume of the Siddur Kol Ya’akov. This a newly set type of the classic Hassidic Siddur.
2) Pirush Mesacktat Avot l’Rebi Mattishayu HaYishari edited with an introduction by R. Ya’akov Shmuel Spiegel as well as an introduction by Dov Schwartz on R. Mattityahu’s philosophy based upon this commentary.
3) HaNehmadim miPaz a 862 page work on everything and everything having to do with mitzvah of writing a sefer Torah as well as Haknatat sefer Torah.
4) Hazar Rebi Yehudah HaHassid this discusses the Hurva Shul and includes some interesting historical pictures and documents relating to it. Which I think is being fully rebuilt now.
5) Rigshe Lev Tefilatam shel Nashim a book all about women’s prayer although not prayer groups. The implict point of the book, however, is to say that women should be ok without prayer groups or the like. The book inlcudes various “laws” applicable as well as all the myriad of scenarios one needs to come up with when writing a book of this type – can a woman pray where there is no mehitzha, what do if she slept through the proper time of prayer, etc.

I have previously briefly mentioned a couple of problems with the new work Kuntress Ha-Teshuvot haHadash, now I would like to give a full review. First, I am no expert in the teshuva literature, that being said I was somewhat disappointed with this book.

The book first contains a long introduction into the teshuva literature in general. It discusses such topics as the importance of the literature, the pervasiveness or lack there of, as well as censorship in the teshuvot and different bibliographic topics. On this last point, the introduction discusses how, at the advent of printing, teshuvot do not seem to have been that important. They come do this conclusion by comparing amounts of other types of books printed during the same period with that of teshuvot. Books on other topics were printed in mass, while teshuvot made up only a very small portion of the books printed.

The introduction is fairly informative, although for much of this ground there are far better works out there (documented in the extensive footnotes), this does provide a basic understanding. Finally, there is a discussion about the book itself and what Boaz Cohen’s work (the predecessor to this one) is out to accomplish. This last topic is also covered in an English translation of the introduction, however, all the rest of the introduction is not translated.

The bulk of the book is devoted to the actual bibliographical entries of the teshuva books. This volume covers books with titles between aleph and lamed. But it is far from clear what exactly the standard for these entries are. If I had to categorize my main complaint with this, it would unevenness. That is, for some entries there is a significant amount of information such as some important teshuvot from that book, what other books discuss this one, and other points of interest. For other books with equally important and interesting teshuvot there is nothing.

So for Luach Eres by R. Jacob Emden (no. 1950) there is a long entry dealing with all the content of the work as well as others who he discusses and those who discuss the work as well. They also include articles on the book as well. This runs over three densely packed columns. The same is true for Eleh Divrei HaBrit (no. 222) as well as many, many others.

But for the book Har Tabor (no. 1129) which discusses the proper place of the bimah in the center of the synagogue there is no mention of any other books which discuss this topic, or any other books which disagree with this book either.

Another example, the book Be’ar Esek (no. 406) contains a teshuva about the R. Menacham of Fano and whether he had a beard. This teshuva was highly controversial and R. Yosef Erges, R. Moshe Sofer, and R. Eliazer of Munkatz all wrote about it. There is no mention of this teshuva in the entry nor is there any mention of the literature this teshuva spawned.

This last point, that at times they fail to reference other books about the one entered happens time and time again. Perhaps the most egregious example of this is the Divrei Iggeret by R. Menhem Steinhardt (no. 759). Although the entry does note this book contains a teshuva on kitnyot (he permits it) it doesn’t mention any of the books discussing this topic, e.g. Ashro Hametz (which has no entry at all), nor does it mention the teshuva from R. Moses Sofer against R. Steinhardt’s permitting kitnyot. Additionally, it doesn’t mention an article devoted to the book itself. Professor Judith Bleich wrote an article titled “Menahem Mendel Steinhardt’s “Divrei Iggeret”, Harbinger of reform” in the Proceedings for the World Congress of Jewish Studies 10 (1990): 207-214.

The next problem with the work is incompleteness. This is apparent in the entries as well as the bibliography provided. So some of the problems mentioned above are the worst, in that they don’t list anything about the book, at times even when they do they do a shoddy job. Already in my previous post I mentioned the poor entry on the organ. But there are numerous others. For instance, they have a fairly comprehensive entry on the book Hayi Olam (no. 1456) which deals with the issue of cremation. They discuss the content of the book as well as others who disagree with the author. They list other books dealing with the same subject matter as well. However, they fail to mention Michael Higger’s coverage (perhaps the most comprehensive) on this topic. (This appears in his Halakhot ve’Aggadot, 1933).

Or we have the entry for Modena’s works. Perhaps it is worthwhile to compare this entry with another. We first have the entry for the Zakan Ahron by R. Ahron Walken. As each entry includes biographical information and sources this entry reads “על המחבר ראה: דור רבניו וסופריו, ו, עמ’ 31-32; אהלי שם, עמ’ 201; אנציקלופדיה של הציונות הדתית, ב, עמ’ 175-177. וראה לאחרונה, אליעזר הכהן כ”צמאן, “נעימות התורה- הג”ר אהרן וואלקין אב”ד פינסק בעל בית אהרן, זקן אהרן, וכו'”, ישורון יא (תשס”ב), עמ’ תתצא-תתקד; יב (תשם”ג) עמ’ תשכז-תשלט.” So, for this we have three entries plus a recent article discussing the biographical details. Now we turn to Modena. For Modena we have the following: “על המחבר ראה “אריה ישאג – ר’ יהודה אריה מודינה ועולמו” and then provides the detail for that book. So we have one entry for Modena biography. So was Modena unknown? No, far from it, he wrote his own autobiography. There have been numerous articles on him as well as a full lengthy doctoral dissertation by Adelman. His autobiography is available in both Hebrew and English. The English version contain articles on him as well. But none of these are mentioned.

Now we get to omissions. The book Avot ‘Atrarah L’Banin (no. 4) contains, as the entry notes, an extensive teshuva on the permissibility of being photographed. It includes a list of Rabbis who had their photograph or more likely, their portrait done. This is all well and good. However, the entry leaves out perhaps the most interesting part, the author of Avot included a photograph (loose) of himself in the first edition. Thus, his teshuva was in a sense to justify his own practice.

There is no entry for the book Hadrat Panin Zakan which is a collection of teshuvot on beards. Nor is there an entry for the book Da’as HaRabanim which is two long teshuvot from R. Menachem Mendal Kasher and R. D. Polonski (Kli Hemdah) discussing women’s suffrage.

The editors claim this list only goes up to the year 2000. However, for some entries they include editions even after the year 2000. For R. Yehudah Herzl Henkin’s Beni Banim (no. 555) they include his fourth volume printed in 2004. However, for R. Teichtel’s Em HaBanim Semacha (no. 239) where there have been two recent translations which are different they do not include this. But again for R. Menachem Kasher’s Hatekufa haGedolah (no. 1144) (how this even qualifies as a teshuvah book is left unanswered) they include his 2001 edition.

Or we have the entry for the Helkat Ya’akov (no. 1496) where they note the first edition date and then the rest they claim are photo-offsets of the original. This is wrong. In the subsequent editions R. Herzog’s approbation was removed and thus they are not just copies of the original.

However, perhaps the answer to some of these shortcomings comes from the introduction itself. The editors explain how this work came to be. They explain that this was initially an “auxiliary tool for another project” a project on “Jewish education in the halakhic literature.” This is perhaps most telling. They are explaining to the reader that (a) they are not bilbiographers; (b) they did not initially set out to do this; (c) they are not experts in teshuvot. These shortcomings are apparent. This being said, it is important to recognize that this is a vast improvement over Cohen’s work and a welcome entry for Jewish biliography.