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Machnisei Rachamim and Plagerism

This Saturday night many begin to say the Selichot prayers. There is one prayer in particular that has raised question throughout the centuries, Machnisei Rachmim. This prayer, which asks the angels to take our prayers is controversial. The reason for the controversy is that we generally avoid praying to angels, instead, we pray to God. Now, in truth there are many, many prayers that are either directly or indirectly addressed at angels, but Machnesi Rachmim is perhaps the most overt although one should keep this point in mind should one decide to Machnisei Rachmim.

Already from the times of the Geonim, they have dealt with angels in prayers (they said it was ok). As the generation progressed there were those who questioned this and claimed these prayers ran afoul of the prohibition of praying to someone other than God. This debate was brought to head in the 18th century in Italy, where both camps were represented by long letters for and against. In the end, it was decided that it was ok for people to continue saying these prayers. Of course, this decision did not appease those who thought it was blasphemous to do so, and the debate continued on (as almost all Jewish debates).

In the case of the 18th century debate, the various positions were recorded in one of the earliest Jewish encyclopedias, Pachad Yitzhak. Those who said it was ok based this upon two authorities (although there are others, some of which they were aware of and some of which they were not). These two were the Etz Shetul commentary on R. Joseph Albo’s Sefer HaIkkrim (first printed Venice, 1618) and the commentary on the Machzor, Hadrat Kodesh (this commentary was first printed in 1567 in Lubin, however, this commentary was then “updated” in the Prague by the editor R. Moshe Shedel. This Prague edition was reprinted numerous time, however, in all these early editions there was no specific title to the commentary and instead was called “haMifaresh.” The title Hadrat Kodesh was first used in the 1600 Venice edition and then in subsequent reprints.) [What is of passing interest, and one wonders whether it precipitated this controversy, is that this commentary was just republished right before the debate broke out in Venice 1711 – this editions title page is reproduced below. As one can see it is very elaborate with rather interesting illustrations. Additionally, the Hadrat Kodesh commentary relating to the above discussion from this edition is also reproduced below.] On the other hand, the opponents discounted the justifications offered by these two (at times in rather irreverent terms) and claimed based upon a simple reading these types of prayers were prohibited. Two leading Rabbis were called to adjudicate the matter, and as I mentioned above, they ruled the practice could continue. One, R. Shmuel Abaob, actually had to respond again as the opponents refused to accept his initial decision.

One of the other more common places this comes up is in the prayers Shalom Alechim said on Friday nights. Again, this is more or less the same debate regarding the stanza asking the angels for a blessing. R. Jacob Emden in his Siddur as well as his commentary on the Tur/Shulchan Orakh actually offers the same justification as that of the Hadrat Kodesh and then realizes that it is the same and they would be equally applicable. R. Emden ultimately decided to remove all the passages from Shalom Alechim with the exception of the first stanza (although in most purported editions of R. Emden’s Siddur including the most recent one, the entire Shalom Alechim appears.)

All of the above and more was collected in an article which appeared in the journal Yeshurun. This article was so good and so comprehensive it was then plagiarized in the book Mo’adim l’Simcha. In fact, R. Fruend the “author” of Mo’adim l’Simcha even took the errors which appear in the Yeshurun article. For instance, they cite to the work Sheboli haLeket no. 252 when the correct citation is to 282; and Fruend repeats this. Fruend, seems to have a very different view of plagiarizing than is currently accepted. He does cite to the Yeshurun article a few times, but this does not absolve his copying verbatim of the article. This is not the only time Fruend does this. Instead, he does this over and over again with many of the articles which appear in his books. Sometimes he gives passing credit to the original authors and sometimes he doesn’t. While it is somewhat troubling that Fruend does this, it is worthwhile pointing out that Fruend’s books, Mo’adim l’Simcha are very good (in part because he uses excellent sources) and at the very least compiling and condensing the many articles on the many topics he covers is worthwhile. Finally, not everything in his books is plagiarized, instead, there are whole articles which are Fruend’s and they are also very good.

Sources: R. Dr. Shlomo Sprecher, “The Controversy About Machnesi Rachmim” in Yeshurun no. 3 p. 706-729; R. Fruend, Mo’adim l’Simcha, vol. Elul – Tishrei p. 37-62; also for more Machnisei Rachmim including manuscript evidence see S. Emmanuel’s article available here. Of course, the above does not discuss the more general question of whether one should say any piyuttim which is for another post.


Title page from the Venice 1711 Machzor Sha’ar Bat Rabim which includes the Hadras Kodesh commentary
Commentary of the Hadrat Kodesh discussing the Machnisei Rachamim prayer



Controversial Book on the Development of the Siddur

In the Jewish liturgy there is a fundamental question dealing with the composition of the Hebrew found therein. There are two major types of Hebrew – Rabbinic and Biblical. The question becomes which should one be using when praying. This at first blush may appear to be of minor significance, however, most controversies regarding various words throughout the prayer book can be traced to this one point. This issue of which Hebrew to follow was brought to head in the 18th century. During this period there were a few books published dealing with the proper nusach (composition of the prayers). Some of these works advocated for various changes in the prayer book based upon the authors understanding of which Hebrew to follow when praying. This in turned provoked a fairly large controversy which can be felt today by anyone sensitive to the nusach of the prayers.

Today, although most may be unaware, many changes effected during the above referenced time period are still to be found in almost all the standard prayer books. This is so, as Wolf Heidenheim in his prayer book, which became the standard for most which followed him, relied and incorporated numerous changes based upon these 18th century works. Heidenheim’s book became, in part, the standard after he was able to secure an approbation from one of the most traditional Orthodox rabbis of the day – R. Moshe Sofer (Hatam Sofer). R. Sofer, whose well known statement “anything new is prohibited” was either unaware of the “newness” of Heidenheim’s work or perhaps agreed with his alterations, ensured Heidenheim’s work would become the exemplar for all subsequent prayer books.

One of the more interesting books to come out of this period has recently been reprinted. This book, Yashresh Ya’akov, was originally published around 1768 and, according to the title page, was authored by R. Ya’akov Babini. The work is supposedly based upon a question which R. Babini was asked. Specifically, someone wrote that he entertained an Italian guest. This guest when it came time to say birkat hamazon (grace after meals) said the prayer with numerous changes from the standard format. The host wrote to R. Babini to ask whether these changes were in fact correct. All of these changes are more or less based upon the notion that one should follow the Biblical Hebrew as opposed to the Rabbinic Hebrew. R. Babini defends the guest’s alteration and demonstrates that in each instance the changes were correct.

That is the basic background on the book. Yet, there are numerous other important facts that are not necessarily apparent from just a casual read of the book. First, as I mentioned, taking a position that Biblical Hebrew is the correct Hebrew and thus one should alter the standard was highly controversial. In an effort to avoid controversy the true author of the book – not R. Babini – hid his name. The true author is really R. Ya’akov Bassan.[1] R. Bassan gave an approbation to this work although he did not use his own name as the author. Instead, R. Bassan picked someone who had less than a stellar reputation – R. Babini. R. Babini in 1759 published a book under his own name titled Zikhron Yerushalayim which listed various holy places in Israel as well as where certain Rabbis are buried in Israel. R. Babini, neglected to mention in this publication that this work had already been published in 1643 under the very similar title Zikhron B’Yerushalayim, which contains, with minor changes, the very same text R. Babini offered as his own. Thus, looking for a patsy, R. Bassan picked someone who already did not have such a great reputation. R. Bassan although unwilling to offer his name to his own publication decided to instead offer his approbation to his own work.

Aside from hiding the authorship, the place of publication was also altered. The title page reads Nürnberg as the place of publication. This is incorrect, in actually this was published in Altona. The date on the title page reads 1768, however, the date on the approbation reads 1769 thus making the date offered an impossibility. All of these “hints” should lead an observant reader to realize something funny is going on here – namely nothing is what it appears. These types of hints to the ultimate author were actually somewhat commonplace during this period. Most famously, R. Y. Satnow would publish books not under his own name, instead either in the approbation or the title page he would offer hints that only an astute reader would notice demonstrating that R. Satnow was in fact the true author.[2]

As R. Bassan correctly surmised, his work was in fact controversial. R. Binyamin Espinoza wrote a work directed at disproving the underlying premise of R. Bassan’s that one should stick with the standard liturgy and not change it to conform with Biblical Hebrew. R. Espinoza, originally from Tunisia was unsuccessful in publishing his rebuttal and it remained in manuscript, although its existence was known to many. R. Espinoza pulls no punches and takes R. Bassan to task in very sharp terms for his advocating these changes. As mentioned above this was to no avail as either surreptitiously or knowingly many of the changes and other similar ones have in fact become standard today.

Recently both the Yashresh Ya’akov and R. Espinoza’s work Yesod HaKium have been republished together. This edition which includes an extensive introduction which contains all the history above and more is excellent. Obviously, for understanding the development of the liturgy of the prayer book this is extremely important. Also those interested in bibliographical quirks will also enjoy these books. The book is available from Beigeleisen books (718-436-1165) who has informed me he has recently received a new shipment of these as the prior one had been sold out. This new edition was edited by Rabbis Moshe Didi and David Satbon from Kiryat Sefer, Israel (ת.ד 525 and 154 respectively).

For more on these books see here.

Sources:
[1] This understanding that R. Ya’akov Basson is the actual author runs counter to many earlier assertions that the author was R. Avrohom Basson. In the new edition of this work, however, they demonstrate the problems with associating R. Avrohom and instead argue that in fact it is R. Ya’akov.

[2] Satnow was not the only one; according to some, R. Saul Berlin, in the Besamim Rosh, offered similar hints to his authorship of this controversial work.




Az Yashir, Another Kabalah Custom Gone Wrong?

One of the most common and troublesome customs based upon kabalah is the addition of verses and targum to אז ישיר.

Everyday, at the end of pesuki de’zimra we recite az yashir. However, we for one, don’t start at the beginning of the shira. The beginning is at the verse that starts ויהי באשמורות הבוקר we begin at the אז ישיר. Secondly, we don’t end at the end of the shira either. Instead, we add either 4 or 6 verses at the end.

The threshold question is why was this change effected? Rashi, R. Shlomo Yitzhaki (1040-1105) in his Sefer haPardes (p. 321) explains, “Whenever we finish anything we end by reciting the verse twice [the end of tehillim, for example] for this reason we double the verse of ה’ ימלוך the reason being that really the entire parsha of the shira that is, from ויהי באשמורות הבקר has 18 mentions of gods name. Every name has 4 letters thus forming the 72 letter name of god. The רשאונים, the early ones, enacted that we recite the shira everyday to remember this great miracle . However, we only recite the important or ikar portion thus we start from az yashir. We are therefore lacking 4 mentions of gods name. Therefore we repeat the verse twice and add the four verses afterwards. The last verse’s mention of God’s name does not count as it is future tense.” Thus, according to this passage, we now understand why it is we add the four verses at the end and repeat the verse and why we left out the first four verses. There are many other rishonim that offer similar explanations for this.[1]

Importantly, according to Rashi, the end of the Shira is at ה’ ימלוך thus he repeats that verse. It is also clear that he did not say the verse that follows, כי בא סוס as a) he would not have repeated ה’ ימלוך as it would not have been the end and b) because there is a mention of God’s name in that verse and thus we would have too many mentions and therefore we lose the numerology as we do not get the 72 letter name.

The many רשונים follow this understand and thus end the שירה and the daily recitation of אז ישיר at ה’ ימלוך. In fact, early Ashkenazi Siddurim all end at ה’ ימלוך. For example, the earliest printed siddur in Prague, 1513 does that. As does the סידור of R. Shabbti Sofer, first published in the mid-16th century, who was considered the סידור for his time, has the same reading.[2] The Rama, R. Moshe Isserles (1525-1572) in his מפה also cites the custom of repeating ה’ ימלוך. Thus, up until the late 16th century we were only repeating ה’ ימלוך and not saying כי בא. However, two people changed that. The first was the ארי”זל and the second was R. Yakkov Emden. The R. Avrahom Gombiner (1635-1682), in his commentary the מגן אברהם, (who cites numerous customs from the ארי), on the comments of the רמ”א previously mentioned, states that the ארי said the verse of כי בא after he repeated ה’ ימלוך. R. Gombiner does not offer any explanation as to why theארי did so. However, R. Shmuel Kelin (1720-1806), in his מחצית השקל a super-commentary on the מגן אברהם, does offer an explanation. Before we look at his explanation we need to look at one other source for proper background.

The רמב”ן in his commentary on the Torah on the verse of כי בא, notes that although some hold that כי בא is part of the שירה he holds it is not.[3] Some may be questioning why this all matters. However, it is actually quite important. The rule is that in order for a ספר תורה to be כשר the שירה portion must be written in a specific manner. That is called ריח על גבי לבינה or as brickwork. One writes words then leaves a space and then directly underneath that space one writes the next line and so forth. Thus, according to Rashi, and those other cited by רמב”ן one cannot write the verse of כי בא in the שירה format. And according to רמב”ן one MUST write it in the שירה format.

It would appear that in deciding whether to say or not to say כי בא would depend on how our ספר תורה is written.

Getting back to the מחיצת השקל, he argues this very point. He states that the reason that the מגן אברהם and the ארי said to recite כי בא is for the sake of consistency as in our ספרי תורה we include it in the שירה4 However, there is a difficulty with this position or understanding of both the מגן אברהם and the ארי. As both are still advocating repeating ה’ ימלוך but also saying כי בא which as we discussed disrupts the numerology and also, if you include כי בא, it makes little sense in repeating ה’ ימלוך as it is no longer the end. Because of these questions some commentators note that R. Hayyim Yosef David Azulai (HIDA), the well-known bibliographer, stated that many statements attributed to the ארי are not actually from the ארי. These commentators claim that this is one of those statements that can not be relied upon.[5]

R. Yakov Emden (1698-1776) published his own edition of the siddur. This siddur included both a commentary and notes on the נוסח. 6 He had many alteration in the נוסח. However, his commentary became very popular and was reprinted numerous times. But in these reprints instead of using his נוסח they would put his commentary and notes on the bottom of a regular סידור 7 Thus, one could read in the bottom “don’t say such and such” and on the top you would have that very thing. In regards to the אז ישיר issue, R. Emden notes that his father, the חכם צבי, only said ה’ ימלוך once and he included כי בא as because that is how it appears in our תורה. This, of course, works with the numerology, the מסורה, and the correct ending of the שירה. [In the new edition of R. Emden’s siddur which was supposed to utilize his נוסח and correct all the years of neglect, does not correct his error, nor many others. Instead it includes the double recitation and the תרגום and כי בא.]

In truth, it was not clear how we should write our תורה. For instance, the noted Mesora scholar and משומד– Jewish convert to Christianity, Christian David Ginsburg in his edition of the Tanach which is based upon over 70 manuscripts and 19 of the earliest printed editions does not include כי בא. In fact, numerous manuscripts, mainly of Italian or Sefardic origin, which as a side note are generally not considered מידויק , have only up to ה’ ימלוך. For us, however, the Rambam includes כי בא in the שירה. Furthermore, the oldest complete and מדויק manuscript, the Leningrad Codex which is very similar to the Allepo Codex which the Rambam based his תורה on has כי בא as part of the שירה.8

For us, as is apparent by looking at any תורה today, we all include כי בא as part of the שירה thus, if we wanted to be consistent we would only say ה’ ימלוך once and include כי בא.

In conclusion, the purpose of this was not for anyone to change what their current custom may be, as has been demonstrated there is authority for all practices. Instead, I think that this discussion is demonstrative of how complex and nuanced the תפילות are. If this one verse has so much behind it, there are treasure troves of complexity throughout the סידור.

Sources:

1] See e.g. from the school of Rashi, Machzor Vitri, 2004, p. 10; see also אבודרהם , אורחת חיים.

[2 See also סדור תפילות כמנחג אשכנז, Hanover, 1616; סדר תפילות לכל השנה כמנהג אשכנז ופולין, Frankfort 1691 available at http://www.jnul.huji.ac.il/dl/books/html/bk_all.htm

3] The Ibn Ezra and Rasbam hold that is part and the Ramban and Rashi hold it is not.

4] R. Kelin argues that if one wants to repeat any verse, according to the Ari, one should repeat the verse of כי בא as that is the end.

5] For more on the Ari’s writings and the transmission of those writings, see R. Hillel, כתבוני לדורות.

[6 This was published in 1745-1747.

7] This edition was known as סידור בית יעקב, the original was called עמודי שמים.

[8 Although, there is some discrepancy on this point in the manuscripts of the Rambam. That is, the manuscripts mainly from אשכנז do not include כי בא which would be in agreement with Rashi and the Ramban. However, many of the Rambam’s manuscripts do include כי בא, especially of note is the signed copy of the יד which includes it. See Jordan Penkower, עדות חדש בנוסח כתר ארם צובא chapter 3.




Update- Temple Service on Yom Kippur

Amshinover has a very nice post on the piyyutim connected to the temple service on Yom Kippur.