Beyond the Masthead of the Beys Yaakov Journal, 1923-1980 – Part 2: ‘Abomination’ or Scandal? Mistranslation, Journalism, and the Halivni Controversy

Beyond the Masthead of the Beys Yaakov Journal, 1923-1980 – Part 2:
‘Abomination’ or Scandal? Mistranslation, Journalism, and the Halivni Controversy

By Dan Rabinowitz and Menachem Butler

In Part 1 of this study, it was argued[1] that the Beys Yaakov Journal cannot be understood simply as an ideological mouthpiece of Agudath Israel, nor as an instrument of Orthodox withdrawal. Across decades, its editors repeatedly confronted intellectual challenges in public, publishing voices and materials that lay beyond the formal boundaries of Agudah authority and resisting the impulse toward protective silence. That does not mean it adopted liberal positions; rather, its conclusions fit squarely within the traditions of Ultra-Orthodox theology. The journal’s Orthodox commitments were genuine, but they were not understood to require insulation from controversy or the suppression of methodological dispute. In this second installment of “Beyond the Masthead of the Beys Yaakov Journal, 1923-1980,” the controversy surrounding Rabbi Professor David Weiss Halivni serves as an especially revealing test case for these dynamics.

Rabbi Professor David Weiss Halivni passed away on June 28, 2022. On July 17, the New York Times published a lengthy obituary under the headline and subheadline:

“David Weiss Halivni, Controversial Talmudic Scholar, Dies at 94. He was considered too radical by many Orthodox rabbis and too regressive by many Conservative Jewish leaders. But his work was widely praised.”[2]

NY Times July 17, 2022 Obituary

The framing is revealing. Halivni is positioned between two opposing camps, too radical for one and too regressive for the other. This symmetrical construction reduces a complex methodological dispute to a narrative of ideological extremity and obscures the substantive nature of Orthodox objections. The obituary further characterized Halivni’s scholarship as grounded in the “controversial idea” that the Talmud is “riddled with inconsistencies and incongruities” resulting from the vulnerabilities of largely oral transmission, “subject to the flaws resulting from fallible memories.” It reproduced Agudath Israel’s denunciation of his work as an “abomination,” accusing him of daring “to enter the domain of the holy” and to suggest that the transmitters of the Talmud altered the text unknowingly. At the same time, Halivni was quoted defending his position: “divine origin does not preclude critical study, since critical study seeks to purge the text of human error.”

Beyond this polemical exchange, the obituary devoted substantial attention to Halivni’s innovative approach to Talmudic study, illustrating it through an extended discussion of a sugya in Mo’ed Katan. What was “pioneering” about Halivni’s work, the obituary explained, was his effort to “burrow[…] deeply into the history of how the Talmud … came to be compiled,” and to argue that its transmission, “for generations, largely oral,” was inevitably “subject to the flaws resulting from fallible memories.” Halivni therefore sought to “restore the pristine state of the Talmud,” in one student’s formulation, by identifying “incorrect editorial surmises” and exposing moments in which later transmitters resorted to “forced readings” in order to reconcile contradictions. As the obituary emphasized, Halivni’s method aimed to “iron out the inconsistencies and gaps and restore logical coherence” by tracing a concept’s provenance and, where necessary, reconstructing earlier textual strata. This methodological claim entailed a far-reaching reassessment of traditional assumptions about the formation and internal coherence of the Talmud.[3]

David Weiss Halivni (1927-2022) was born in Poljana Kobilecka in interwar Czechoslovakia and received rabbinic ordination in Sighet at the age of fifteen. Deported to Auschwitz in 1944, he survived the camps as the sole remaining member of his family.[4] After immigrating to the United States in 1947, he combined advanced yeshiva learning with formal academic study, ultimately joining the faculty of the Jewish Theological Seminary and later Columbia University.[5] In his later years he made aliyah and taught at Bar-Ilan University. Beginning in 1969, he published the first volume of his monumental Mekorot u-Mesorot,[6] which developed a sustained program of source-critical Talmudic interpretation,[7] aimed at distinguishing between tannaitic dicta and later amoraic and editorial strata.[8] It was this methodological ambition, more than questions of biography or institutional affiliation, that made Halivni a focal point of Orthodox critique.

Such sustained engagement with technical Talmudic scholarship is unusual for The New York Times. Yet this was not the paper’s first encounter with Halivni’s work. On the eve of Rosh Hashanah in 1977, The New York Times Magazine published a lengthy profile of Halivni by Israel Shenker under the title “A Life in the Talmud.”[9] There, Shenker described Halivni as “a respected public enemy at the pinnacle of modern scholarship” and reported that “The ultra-Orthodox Israeli political party Agudath Israel called it an ‘abomination,’” citing an editorial in Beys Yaakov Journal. The juxtaposition of scholarly daring and religious denunciation supplied the dramatic architecture that the 2022 obituary would later reprise.

The New York Times narrative, however, is fundamentally flawed. It misidentifies the institutional character and editorial posture of the Beys Yaakov Journal, misconstrues the nature of its engagement with contested scholarship, and rests on a tendentious, if not deliberate, mistranslation of a pivotal passage. More importantly, it mislocates the center of Orthodox resistance to Halivni’s work. The critique in that article in Beys Yaakov Journal, and the journalistic distortions surrounding it, should not be mistaken for the principal arena of Orthodox opposition. The more consequential controversy unfolded within the American Modern Orthodox world, particularly at Yeshiva University and among its associated intellectual networks, circles far more familiar to the Times readership and far more central to the internal struggles of American Judaism during the period under review. As we will demonstrate in a subsequent installment of this series, it was there, rather than in Israeli party politics, that the most sustained and institutionally significant resistance to Halivni took shape.

Israel Shenker: A Scholar “Trapped in a Newsman’s Body”

To grasp the significance of Israel Shenker’s mischaracterization of the Beys Yaakov Journal, one must first understand Shenker himself. He was no ignorant sensationalist, no journalist stumbling blindly into a world he did not understand. On the contrary, he was widely (and aptly) described as “a scholar trapped in a newsman’s body.”[10] Fluent in Hebrew and Yiddish and possessed of formidable erudition, Shenker moved comfortably among texts, languages, and learned worlds that lay beyond the reach of most reporters.

That independence was visible early. While enrolled at the University of Pennsylvania, Shenker reportedly completed his degree without attending classes, preferring to work alone in the library and appearing only for examinations. As his niece later recalled, he “did not attend classes because he did not need to,” a habit that remained a defining feature of his intellectual life: self-directed, book-centered, and impatient with institutional mediation.[11]

Across several decades at The New York Times, Shenker profiled an extraordinary range of cultural and intellectual figures. Yet the range was not random. He gravitated toward individuals who combined mastery with eccentricity, authority with paradox: Groucho Marx,[12] whose comic persona masked a sharp literary intelligence; Jorge Luis Borges,[13] blind yet hyper-lucid; Noam Chomsky,[14] the dissident linguist who destabilized both politics and grammar; Vladimir Nabokov,[15] the aristocratic stylist and relentless classifier; Pablo Picasso,[16] whose genius lay in permanent disruption. Alongside them appeared scientists and system-builders such as Isaac Asimov, polymaths of prodigious output and explanatory ambition.[17]

Shenker brought the same sensibility to Jewish intellectual life. He wrote about scholars such as Uriel Simon,[18] Salo Wittmayer Baron,[19] and Solomon Zeitlin,[20] figures whose authority derived not from popular appeal but from textual mastery and historical depth. He became one of the Times’ principal correspondents on Jewish culture, though with telling selectivity: the Jewish Theological Seminary consistently dominated his institutional coverage,[21] while nearly every other yeshiva or rabbinical seminary in New York went largely unremarked[22]; the Second Avenue Deli became his emblem of Jewish urban life,[23] while nearly every other Jewish restaurant remained invisible.[24] Shenker’s choices reveal a consistent pattern: he favored sites and figures that condensed Jewish meaning into legible symbols.[25]

Much of his Jewish writing was light in tone but not trivial. He reported on a snobbish kosher hotel in England[26]; obscure and declining Jewish communities[27]; the phenomenon of “miraculous” pareve cheesecake[28]; the Twerski rabbinic dynasty[29] and other Hasidic groups[30]; itinerant soferim repairing pesul Torah scrolls[31]; Hebrew book publishing[32]; dreydl manufacturers[33]; the economics of yarmulkes and skullcaps[34]; the professional culture of kosher certification and supervision[35]; and prayer groups on El Al flights so numerous they gathered at the rear of the plane and disrupted its altitude.[36] These were not throwaway curiosities. They were chosen because they dramatized ingenuity, adaptation, and excess.

Other pieces were more substantial. Shenker produced one of the most comprehensive journalistic profiles of Isaac Bashevis Singer,[37] wrote with open admiration about Harry Austryn Wolfson, the legendary Harvard scholar of Jewish philosophy,[38] and reported sympathetically on the Lubavitcher Rebbe’s public call for kindness on the occasion of his seventieth birthday.[39] He covered Holocaust conferences, theological debates, Jewish cultural institutions, and scholarly gatherings with genuine seriousness.[40] Many of these essays were later revised and collected in his 1985 volume Coat of Many Colors, a book that stands as the fullest expression of his intellectual commitments.[41]

Shenker’s first sustained engagement with talmudic scholarship came in 1971, with a profile of Rabbi Adin Steinsaltz,[42] then deeply immersed in producing a new edition of the Talmud.[43] The article was largely respectful, yet it included a pointed dismissal attributed to Rabbi Louis Finkelstein, chancellor of the Jewish Theological Seminary, belittling Steinsaltz’s achievement.[44] The move is revealing. Even where admiration was warranted, Shenker could not resist inserting institutional tension, foregrounding controversy where extended methodological explanation might have sufficed.

That instinct became even more pronounced in Shenker’s 1975 feature, “Responsa: The Law as Seen by Rabbis for 1,000 Years,” based on interviews with Rabbi Moshe and Rabbi Solomon B. Freehof.[45] The pairing itself was astute, recognizing responsa as a transdenominational genre spanning Orthodox and Reform authority. Yet the article in The New York Times was framed by a prominent callout box – “A Responsum Sampler” – that juxtaposed grave contemporary questions, such as homosexuality and women wearing pants, with deliberately quirky cases,[46] including ritual slaughter under hypnosis[47] and a woman who swallowed a fly.[48] Responsa appeared less as a discipline of burdened responsibility than as a theater of ingenuity and oddity. The irony is that Rabbi Feinstein explicitly rejected such a portrayal. “You can’t wake up in the morning and decide you’re an expert on answers,” he insisted, stressing that authority emerges only through long recognition of sound judgment. More pointedly, he framed pesak as religious accountability: “A rabbi who replies to people’s questions works harder than a doctor dealing with a case of life and death. The doctor is responsible only to his patient, but the rabbi is responsible to God.” This ethic of burdened responsibility, articulated in the interview itself, stands in tension with the broader journalistic framing. Rabbi Feinstein articulated the same conception programmatically in the introduction to the first volume of Iggerot Moshe,[49] where he repeatedly describes his rulings not as demonstrations of mastery but as obligations imposed by circumstance. His responsa, he writes, emerge from “darkness,” composed only because he felt compelled to give instruction; the decisor must rule according to “what his eyes see and what appears true to him,” even amid doubt and fear of error. Authority, in this account, lies not in brilliance or certainty but in the willingness to assume responsibility for guidance. This was an ethic that closely parallels his insistence in the Times interview that “the rabbi is responsible to God,” not to ingenuity or acclaim. [50]

Shenker was plainly fascinated by the genre; he devoted nearly thirty pages to responsa literature in Coat of Many Colors. Whether the emphasis on eccentricity reflected his own priorities or editorial intervention is difficult to determine. Shenker’s own reflections offer some guidance. In a 1986 profile, he described himself as writing “as a reporter more than anything else,” insisting that he was “not interested in arguing any ideas of [his] own.”[51] Baruch Halpern’s account is especially suggestive. A leading scholar of the Hebrew Bible and ancient Israel, he explains that when Shenker worked for Time in postwar Europe, managing its Paris bureau, Shenker deliberately forwent by-lines out of a “corporatist sense of mission,” valuing collective authorship over individual credit.[52] Only later, at The New York Times, did Shenker embrace what Halpern memorably termed “that sacred by-line,” situating his career within a broader shift toward intellectual individuation.[53]

Shenker openly admired religious intellect even while identifying as a nonbeliever. He spoke candidly of his fascination with rabbinic literature – not for its piety, but for what he called “the determination to find excuses for impossible things.” Talmud and responsa were, in his words, “endlessly fascinating.” This posture, respectful yet detached, drawn to paradox rather than normativity, helps explain both his genuine engagement with Jewish learning and his recurrent tendency to foreground eccentricity or scandal at the expense of internal meaning.[54]

That stance was reflected not only in Shenker’s writing but also in the manner in which he chose to live. In his later years he withdrew from institutional journalism altogether and settled in rural Scotland, where his wife Mary, born into the Sagman family of Glasgow, had familial roots. There he described himself as a solitary reader moving from library to library, drawn to places that functioned as what he called “intellectual hospices.”[55] Writing in 1985 about a residential library in Wales founded by William Gladstone, Shenker offered an implicit self-portrait: a scholar without a pulpit, a journalist without a platform, committed less to intervention than to observation, and to books rather than communities. From that deliberately marginal and proudly nonconfessional vantage point, Judaism appeared not as a living system governed by internal norms, but as a repository of endlessly fascinating textual ingenuity. This orientation is also visible in Shenker’s books. Beyond Coat of Many Colors, Shenker published a series of substantial monographs that further attest to the breadth and seriousness of his intellectual interests, including studies of lexicography and the history of language,[56] literary travel[57] and eighteenth-century intellectual culture,[58] and contemporary Jewish and Israeli public life.[59]

Seen against this background, Shenker’s treatment of David Weiss Halivni cannot plausibly be dismissed as a product of ignorance or linguistic incapacity. He possessed the philological competence to read the Hebrew of the Beys Yaakov Journal accurately and the cultural literacy to recognize the specifically Orthodox stakes of Halivni’s project. The resulting mischaracterization was therefore interpretive rather than inadvertent: a reframing of a bounded intramural methodological dispute in the idiom of public scandal. In this instance, Shenker’s erudition did not guard against distortion but conferred authority upon it.

To see why this reframing proved so consequential requires closer attention to the article itself and to the broader Orthodox debate over the academic study of the Talmud in which it intervened. Only within that broader context does the inadequacy of the binary framework later imposed upon Halivni come into focus. In a subsequent installment of this series, we will examine specific episodes in his life, consider his distinctive approach to Talmudic study, and then turn to the controversy it provoked. His trajectory across worlds often presumed to be mutually exclusive, including the traditional yeshiva culture of Eastern Europe, the postwar Orthodox institutions of America, and the emerging academic study of rabbinic literature, forms an essential backdrop to that debate.

The 1969 Beys Yaakov Journal Article: Engaging the Challenge

In early 1969, the Beys Yaakov Journal published “A Cry of Alarm Concerning the New School of ‘Talmud Critics’!”[60] by “Harav Yitzhak M. Shmueli” (almost certainly a pseudonym).[61] The article appeared in issue no. 116, shortly after the publication of the first volume of Halivni’s Mekorot u-Mesorot (1969).[62] It was not a reflexive polemic or an immediate rebuttal, but a considered response to a scholarly methodology that had already begun to exert influence within academic and semi-academic Jewish discourse.[63] Shmueli’s article reflects the Journal’s longstanding editorial posture: the intellectual challenges of modernity, particularly those circulating in print and academic venues, cannot be met with silence or denial. Rather than ignoring them, the Beys Yaakov Journal insisted on direct and public engagement.[64]

The article offers a sweeping critique of the Jewish Theological Seminary (JTS) and its Talmudic scholarship, with Halivni serving as the central exemplar. After briefly dismissing academic biblical criticism as a spent and methodologically compromised enterprise, Shmueli turns to what he presents as a more urgent danger: the emergence of academic Talmudic criticism within the Jewish Theological Seminary. He notes that Mekorot u-Mesorot bears the subtitle Biʾurim Talmudiyim and explicitly links this nomenclature to the Biʾur associated with Moses Mendelssohn, whom he identifies, in conventional Orthodox polemic, as a progenitor of German Reform Judaism.[65] The terminological parallel is presented as symptomatic rather than incidental.

Shmueli’s extended polemic against biblical criticism should be read less as his operative argument than as a genealogical warning. By tracing “Ḥokhmat Yisrael” back to German biblical criticism and Wissenschaft des Judentums, he establishes a historical cautionary tale rather than mounting a detailed refutation.[66] Once the discussion turns to Talmud, however, the tone shifts markedly: denunciatory generalizations give way to named books, cited introductions, concrete methodological claims, and extended quotation of traditional authorities. The rhetorical genealogy sets the stage; the argument itself unfolds as a focused dispute over the limits of legitimate Talmudic method.

Beyond an Internal Scholarly Debate

Shmueli’s concern, however, was not confined to an intramural scholarly dispute that might otherwise have remained limited to a narrow academic readership. The urgency, he argued, arose from Halivni’s entry into the broader intellectual public. In 1963, Halivni authored the Encyclopaedia Britannica entry “Source Criticism,” appended to the encyclopedia’s discussion of the “Talmud.” There he did not merely note philological problems in passing, but presented “source criticism” as a discrete scholarly method whose central task was to distinguish between the original statements of rabbinic authorities and the forms those statements assumed through oral transmission. A paragraph from that Britannica entry was later reprinted on the inside cover of Mekorot u-Mesorot: Seder Nashim (1969) under the heading, “From the author’s statement in the Encyclopaedia Britannica.” It reads:

“Source criticism seeks to differentiate between the original statements as they were enunciated by their authors and the forms they took as a consequence of being orally transmitted; that is, between the sources and their later traditions. It is not to be confused with the kind of analysis – frequently carried out by the rabbis or the Talmud – which merely traces the historical sources of a given passage without judging whether or not the passage faithfully reflects these sources. Source criticism claims that the transmission of the Talmud was not, and perhaps could not have been, verbatim, and that the text became altered in transmission, with the result that many statements in the Talmud have not come down in their original form. Instead, what survives is the form assumed in the last phase of transmissional development. While such a study is pertinent to most ancient texts, it is particularly relevant to the Talmud, which primarily consists of quotations and their interpretations.”[67]

On Halivni’s account, talmudic transmission “was not, and perhaps could not have been, verbatim,” with the result that many passages survive only in the form assumed in the final phase of transmissional development. The Talmud, he argued in that encyclopedia entry, is therefore particularly susceptible to such analysis, since it largely consists of quotations and interpretive strata. By articulating this claim in the idiom of general textual criticism and situating it within a major English-language reference work addressed to a broad, non-confessional readership, Halivni effectively relocated questions of talmudic authority from the internal norms of the beit midrash to the evaluative jurisdiction of modern academic scholarship. What might otherwise have remained an internal scholarly controversy was thus recast as a public representation of the Talmud within a wider intellectual culture.

It is precisely this public and methodological self-positioning that made the volume contentious. By placing the critical premise at the threshold of the book, Halivni indicated that the issue at stake was not merely philological refinement but the conceptual framework within which the Talmud itself would be understood. The decision to reproduce this paragraph prominently on the inside cover of Mekorot u-Mesorot was therefore more than bibliographic notice. It framed the book from the outset as an intervention in the academic discourse of textual criticism and positioned its central thesis as a methodological claim rather than an incidental observation. Before encountering Halivni’s detailed readings, the reader is confronted with a declaration about the nature of talmudic transmission and the legitimacy of critical reconstruction. In this sense, the reprinted Britannica passage functions as a programmatic preface, signaling that the project’s claims about the Talmud’s layered development are not ancillary but foundational.

This concern about public legitimation was not new. Long before the appearance of Halivni’s Mekorot u-Mesorot, Orthodox critics had already accused JTS, particularly under Finkelstein, of attempting to translate rabbinic tradition into a civic idiom aimed at American elites, a trajectory that would later culminate in highly visible episodes such as the Seminary’s 1957 convocation attended by Chief Justice Earl Warren.[68] This dynamic can already be seen by the early 1930s, such critiques had evolved from responses to discrete initiatives into a sustained indictment of Finkelstein’s leadership. In a widely circulated Yiddish pamphlet responding to the accumulated controversy surrounding the Seminary,[69] Dr. Aaron Rosmarin retrospectively gathered earlier charges, first voiced in The Jewish Forum,[70] Der Tog,[71] and The Jewish Spectator ,[72] into a comprehensive critique of what he presented as a coherent institutional strategy: the deliberate public repositioning of JTS through interfaith initiatives and universalist ethical rhetoric, designed to render Judaism intelligible and respectable to Christian and civic authorities while eroding the internal boundaries of rabbinic tradition.[73] Read in this longer perspective, the anxieties later articulated by Shmueli in the late 1960s appear not as episodic reactions to a single event, but as the continuation of an established polemical grammar through which the Seminary had long been contested within Haredi and Orthodox circles.

Yet the controversy did not unfold solely in the register of political denunciation or institutional suspicion. It also took the form of an internal methodological dispute over the norms of Talmudic scholarship.

Substantive Scholarship, Not Political Condemnation

Shmueli did not confine his critique to rhetorical denunciation. The article prominently featured, in a separate callout box at the top center of the page, the complete four-paragraph letter of the Ḥazon Ish addressing the use of manuscripts and textual emendation in Talmudic interpretation.[74] Given the Ḥazon Ish’s stature as one of the most authoritative scholars of his generation, his methodological positions were widely regarded as normative and were adopted, explicitly or implicitly, by many traditional Orthodox rabbis and scholars. Crucially, the Ḥazon Ish does not reject manuscript evidence as such; rather, he rejects its elevation into a corrective authority over the received text as transmitted and interpreted through the classical rabbinic canon. By foregrounding the Ḥazon Ish’s objections instead of invoking partisan rhetoric or institutional polemic, Shmueli cast the controversy as a serious methodological dispute internal to the discipline of Talmud study.
The letter reads in full:

“To interpret a sugya and to emend the Gemara on the basis of the ‘Munich’ manuscript – does this mean that all the sages of the generation, from the time of the Rishonim until now, all failed to apprehend the truth, because a single scribe erred and added material to the Gemara of his own accord, thereby causing all the sages to stumble?

I am not of them nor of their multitude. The manuscripts that were in the hands of the early authorities of blessed memory – they gave their lives for them, and the providence of the Blessed One, that the Torah not be forgotten from Israel, hovered over them. And when they began to print the Gemara, the sages of the generation gave their lives for its refinement and correction. And even if, at times, one may benefit from manuscripts to cleanse corruptions that arise over the course of time, with regard to a matter that issued from the hands of all our masters without any hesitation – Heaven forbid to disturb it.

Consider this yourself. When there are three manuscripts before us and two agree, we follow the two and set aside the one. And who can say to us that the ‘Munich’ manuscript is not from that one that was nullified by the majority in its own time? And who can say that it was not known to those lacking precision? In any case, it is null and void, like a broken potsherd, in the face of the received version.

And because a scribe erred and omitted a few words, as scribes are wont to err – shall we build towers? Perhaps indeed it is so, that the scribe omitted them and it is not from the sages, but when we rely on the tradition, the Torah of Rashi and Tosafot and all the sages – certainly this is the Torah. And I have almost never seen any benefit in arriving at the truth through variant readings uncovered from the genizot. Rather, they are all a benefit for distorting judgment and perverting the truth. It would have been fitting to consign them to burial, for the loss outweighs the gain.”

By reproducing this letter in full, Shmueli makes clear that his opposition to Halivni’s methodology rests on principled epistemological and methodological grounds rather than on ideological reflex. The Ḥazon Ish’s critique does not deny the existence of manuscript variation or the occasional value of textual witnesses; rather, it rejects the privileging of isolated manuscripts over the cumulative authority of the received tradition as transmitted and interpreted through generations of rabbinic scholarship.[75]
Crucially, Shmueli explicitly acknowledges that multiplicity, difficulty, and textual variation are intrinsic features of Torah she-baʿal peʿh. He concedes that variant readings and unresolved tensions have always belonged to the tradition, and he invokes major figures such as the Ḥatam Sofer and R. Israel Salanter to underscore that truth in Torah does not reside in surface simplicity. This concession sharply distinguishes his position from any naïve textual absolutism. What he rejects is not complexity itself, but the elevation of conjectural reconstruction into a corrective authority over the received text and its interpretive canon. In this way, Shmueli situates his argument squarely within a substantive Talmudic debate. He contends that even academically rigorous methods, supported by extensive philological evidence, remain subject to serious internal critique from within the Orthodox scholarly tradition itself. The article therefore represents intellectual engagement rather than political denunciation or fundamentalist rejection.

A full reading of Shmueli’s article makes clear that his deepest concern is not the existence of critical hypotheses as such, but their translation into public authority. Again and again, the danger he identifies lies in institutional legitimation: a book published by a major Israeli press, authored by a faculty member of the Jewish Theological Seminary, and disseminated to a broad readership through venues such as the Encyclopaedia Britannica. For Shmueli, the methodological question becomes urgent precisely at the point where speculative reconstruction threatens to become normative representation. The issue, in other words, is not academic experimentation behind closed doors, but the public pedagogy of Judaism to Jews and non-Jews alike.

Acknowledging Lieberman’s Authenticity

One of the most revealing features of Shmueli’s polemic is his careful distinction between Halivni and Saul Lieberman. Despite the breadth and intensity of his critique of the JTS approach, he is markedly restrained in his treatment of Lieberman. This restraint is deliberate. Lieberman’s Orthodox credentials were exceptionally strong and widely recognized across multiple sectors of the Orthodox world.[76] Upon his arrival in Palestine in 1928, he was appointed director of Machon Harry Fischel, a flagship Orthodox research institute devoted to advanced talmudic and halakhic scholarship, an appointment facilitated by leading rabbinic figures, including R. Isser Zalman Meltzer and R. Avraham Yitzhak Hacohen Kook.[77] At the same time, Lieberman pursued rigorous academic training at the Hebrew University under Prof. Jacob Nahum Epstein, the foremost architect of modern academic Talmud. Far from disqualifying him, this dual formation reflects the still-open willingness of segments of the Orthodox rabbinic elite in the interwar period to recognize exceptional Torah mastery even when pursued through unconventional scholarly frameworks.[78]

This standing remained intact even as Lieberman later contemplated accepting a position at the Jewish Theological Seminary. Before doing so, he consulted major Orthodox authorities, among them R. Isser Zalman Meltzer and R. Yaakov Moshe Charlap. Their responses ranged from principled refusal to issue a ruling to cautious, conditional acquiescence, but none denied Lieberman’s stature as a preeminent talmid ḥakham.[79] As Marc B. Shapiro has shown, Lieberman’s move to JTS did not erase his reputation within elite Orthodox circles; rather, it exposed unresolved tensions within Orthodoxy itself concerning the boundaries between institutional affiliation, scholarly method, and personal halakhic authority.[80] Lieberman thus occupied a liminal position: fully embedded in the Lithuanian rabbinic elite, deeply shaped by its intellectual ethos, yet operating at the outer limits of what Orthodoxy could comfortably accommodate.

It is precisely this status that explains Shmueli’s careful tone. To indict Lieberman directly would have required confronting not a marginal figure but a scholar whose legitimacy had been affirmed – explicitly or tacitly – by many of Orthodoxy’s leading authorities. Shmueli’s restraint therefore reflects less an endorsement of Lieberman’s methodology than an acknowledgment of the exceptional difficulty of dislodging a figure whose authority derived not from institutional politics alone, but from recognized and formidable Torah greatness. Shmueli’s own rhetoric reflects this distinction with care. He refers to Lieberman explicitly as a “renowned scholar, erudite in Torah she-baʿal peh,” even as he directs his most sustained and forceful criticism toward Halivni and the methodological program embodied in Mekorot u-Mesorot. This differentiation is significant. It underscores the Beys Yaakov Journal’s capacity for discriminating judgment rather than indiscriminate rejection of academic scholarship.

This, despite the fact that Lieberman’s earliest major work, Al ha-Yerushalmi, had already exemplified a disciplined form of textual criticism, drawing on manuscripts, parallel traditions, and internal philological analysis to clarify and correct the text of the Jerusalem Talmud. This could easily have provided fodder for Shmueli, yet he remained silent regarding Lieberman’s method. Recently published letters show that even the Ḥazon Ish engaged Lieberman seriously on these questions. Their correspondence reveals a principled disagreement over method, particularly regarding emendations grounded in manuscript evidence, while also demonstrating that such philological argumentation could be treated as a legitimate subject of rabbinic dispute rather than dismissed outright as heresy. Of course, since this correspondence had not yet been published, it cannot explain Shmueli’s silence on Lieberman’s approach.[81]

Copy of Al ha-Yerushalmi Gifted to R. I.Z. Meltzer from Lieberman

This nuance is essential for understanding the Beys Yaakov article’s invocation of the Ḥazon Ish. Lieberman is not cast as a theological threat or ideological provocateur, but as a formidable talmid ḥakham whose methods, though troubling to some, remained bounded within an elite scholarly discourse. Halivni, by contrast, is portrayed as extending those methods in a more expansive and publicly consequential direction, one that, in Shmueli’s view, exceeded the implicit safeguards that had contained earlier forms of academic intervention. The result is a portrait of Orthodox engagement with academic Talmud that is internally differentiated, historically self-aware, and intellectually serious, far removed from caricatures of reflexive or indiscriminate rejection.

That differentiation, however, depended upon the boundaries of scholarly containment. It held only so long as the debate remained internal to a learned community. Nowhere does Shmueli’s anxiety emerge more sharply than in his discussion of Halivni’s contribution to the Encyclopaedia Britannica.[82] Written in English for a general readership unfamiliar with the internal conventions of Talmudic study, Halivni’s article marks, in Shmueli’s view, the point at which an intramural scholarly debate enters the public register. At that point, silence becomes irresponsible. What is at stake is no longer a disputed method within a learned guild, but the public representation of the Talmud itself: its authority, coherence, and standing before a wider audience.

Yet the subsequent reception of the controversy would hinge less on Shmueli’s carefully drawn distinctions than on the interpretation of a single line in the Beys Yaakov article itself.

The Mistranslation That Changed Everything

After developing its substantive critique, the Beys Yaakov article closes with a pointed rhetorical question:

!?האפשר לשתוק נוכח שערוריה נוראה מעין זו

The phrase is best rendered: “Is it possible to remain silent in the face of such a terrible scandal?”

Here we arrive at Shenker’s most consequential error. Shenker isolated the noun שערוריה (sha’aruriyah) and translated it as “abomination.” This was not a neutral lexical choice, but a serious mistranslation with far-reaching interpretive consequences.

In classical and rabbinic Hebrew, as well as in modern Hebrew, שערוריה denotes a scandal or public outrage, an event or claim that provokes alarm, indignation, and moral disquiet. Rooted in the semantic field of סער and סערה, it evokes turbulence and upheaval, suggesting commotion and protest rather than ritual pollution or theological deviance.[83] The term therefore belongs to the register of public scandal and polemical critique, not to the technical vocabulary of halakhic or theological condemnation. It conveys gravity, even urgency, but it does not imply that the object in question lies beyond the bounds of religious legitimacy. By contrast, Biblical and rabbinic Hebrew possess precise and well-established terms for “abomination,” most prominently תועבה (toʿevah) and the ש־ק־ץ family (שקץ, sheqets; שיקץ, shiqets). These terms function as technical markers of religious repugnance and exclusion.[84] תועבה denotes what is abhorrent before God, a term reserved for practices that are religiously intolerable, most prominently idolatry and acts explicitly proscribed as violations of the divine order. שקץ, by contrast, marks what is ritually defiling and categorically repugnant, designating objects or acts that are not merely objectionable but intrinsically contaminating within the cultic and halakhic system. In such usage, these terms do not merely register protest or indignation. They function as categorical markers of religious illegitimacy, designating acts or objects as intrinsically defiling and wholly intolerable within the normative order of divine law.

An Orthodox polemicist seeking to convey that level of categorical condemnation would almost certainly have employed one of these terms. Shmueli does not. His diction is emphatic but restrained, signaling moral alarm and scholarly urgency rather than theological excommunication. Translating שערוריה as “abomination” imputes to the article a category of judgment absent from the Hebrew. The difference is not rhetorical but semantic: the mistranslation shifts the text from protest to proscription, from scandal to heresy. One is reminded of the rabbinic topos of qotzo shel yod, the barely perceptible stroke of the yod (understood by Rashi as its right leg and by Rabbeinu Tam as its curved crown) whose alteration can overturn an entire halakhic construction.[85] Shenker’s substitution performed precisely such a transformation. There is no plausible pathway by which the language of “abomination” could have entered the public narrative surrounding Halivni other than through this mistranslation. In doing so, it recast an argument urging engagement with a grave scholarly challenge as a declaration of religious intolerance and obscured the article’s actual posture, which was not to brand Halivni’s work as heretical but to insist that a development of profound intellectual and communal consequence cannot responsibly be met with silence.

The consequences of this lexical substitution extended far beyond Shenker’s 1977 profile. Once “abomination” entered the New York Times archive as the purported Orthodox verdict on Halivni, it became available for repetition as journalistic fact. Thus, when the Times published its 2022 obituary of Halivni, it reproduced Shenker’s framing and relied on the same source. The obituary’s headline, casting Halivni as a “controversial” scholar rejected by “many Orthodox rabbis,” thus rested in part on a mistranslation that had already transformed a bounded Hebrew critique of scholarly method into a sweeping theological denunciation. In this way, a single erroneous word became the pivot of a durable public narrative.

The Effect of Sensationalism

Israel Shenker’s mistranslation did not merely distort a phrase; it altered the character of the intellectual activity in which the Beys Yaakov Journal was engaged. The original article undertook a demanding and careful task: it presented a sophisticated academic methodology to an Orthodox readership, explained why that methodology posed serious difficulties within the traditional epistemology of Talmudic study, marshaled substantive scholarly objections, above all the position of the Ḥazon Ish, acknowledged internal differentiation within Orthodoxy, and articulated strong disagreement grounded in textual and methodological analysis. By rendering the article’s culminating language as invoking an “abomination,” Shenker recast sustained scholarly critique as fundamentalist denunciation, collapsing methodological dispute into theological outrage and substituting caricature for argument.

This inversion is especially consequential in light of the documented record of the Beys Yaakov Journal of reflective engagement with modernity, both in its prewar Polish incarnation[86] and in its postwar Israeli continuation.[87] Beys Yaakov was not a polemical broadsheet but an educational and intellectual forum that repeatedly confronted modern scholarship rather than retreating from it. Shenker’s portrayal effaced that history and compounded the distortion by mischaracterizing the journal as “an official publication” of Agudath Israel. It was not. Published by the “Central Beys Yaakov of Israel” and later by the “Bais Yaakov Women’s College,” the journal functioned as an educational organ aligned with Agudah but not as a party instrument. The distinction is substantive. Educational journals cultivate explanation and debate; party organs enforce discipline.

The encounter with Rabbi Professor David Weiss Halivni was therefore neither a reflexive ban nor an eruption of obscurantism, but a serious internal reckoning with a scholarly development understood to carry public and pedagogical consequences. The episode demonstrates how readily Orthodox intellectual life in the mid-twentieth century has been recast through external narratives that confuse methodological dispute with theological denunciation. To understand the controversy properly requires moving beyond journalistic distortion to the jurisprudential problem Halivni’s scholarship forced into view. The debate was not about temperament or piety, but about first principles: whether historical reconstruction can be insulated from normativity; whether halakhic authority rests on procedural continuity or on claims of historical transparency; and whether Orthodox institutions possess mechanisms capable of absorbing critical candor without destabilizing the structures of authority they seek to preserve. It is to that institutional and conceptual terrain that we now turn.

[to be continued…]

Appendix 1: Yitzhak M. Shmueli, “A Cry of Alarm Concerning the New School of ‘Talmud Critics’!” Beys Yaakov, vol. 10, no. 4 [#116] (1969): 4-5 (Hebrew), available here:

Yitzhak M. Shmueli,

“A Cry of Alarm Concerning the New School of “Talmud Critics”!

Beys Yaakov, vol. 10, no. 4 [#116] (1969): 4-5 (Hebrew)

I.

“Ḥokhmat Yisrael” – that enterprise which was founded and ardently desired at the initiative of the various exponents of “Reform,” in all its forms – there is no falsehood and distortion more dreadful than it. This “root that bears gall and wormwood” – its earliest growth began in Germany, and there it affixed to itself the flattering yet deceptive name: “Wissenschaft des Judentums” (“the Science of Judaism,” in a literal translation from German). Within the bosom of this poisoned “science” arose all the movements of assimilation and derision away from Judaism. Generations of upright Jews fell into this trap. Many – far, far too many – this very “Ḥokhmat Yisrael” led all the way to the gates of apostasy, Heaven forfend.

All the venomous “wisdom” of the founders and disseminators of this “science” concerning “Judaism” in fact drew its sustenance from the sources of malice inherent in German, gentile “Biblical Criticism.” There were German scholars who regarded themselves as immense experts in the knowledge of the “East” (“Orientalistics,” in the foreign tongue), and, being afflicted with hatred of Israel, jealousy and the impulse of enmity toward the Book of Books burned within them. From this was born their aspiration “to criticize the Bible” in the most bizarre forms. And the matter is well known to the discerning. Several of the Christian researchers in Germany, foremost among them the orientalist Wellhausen – notorious for his attacks and his arrogant “discoveries” against the integrity and originality of the Bible – in fact founded the modern school of “Biblical Criticism.” And to our shame, even a few scholars from among our brethren, the Children of Israel, adhered to this path, taking hold of the seeds of self-directed malice, and lent their hand and their strength to the expansion and dissemination of this poisonous “science,” whose very point of departure was permeated with hatred of Israel.

This is neither the place nor the proper hour to display publicly all the falsehoods and malicious distortions that have accumulated around this discipline of “Biblical Criticism,” which, from the moment Jews too began to engage in it, cloaked itself in the new guise of “Ḥokhmat Yisrael.”

The historical truth is that this entire “science” known as “Biblical Criticism” has long since been exposed as false – and of all the mountains of nonsense and all the towers of lies that were heaped up and constructed by the celebrated “Biblical critics,” there remains no longer one stone upon another, one brick upon another, most evidently so. Indeed, it is precisely the scientific discoveries of the most recent period – and first and foremost the discovery of the “hidden scrolls” – that have decisively demolished the foundations of this deceptive “science.”

From time to time, modern Israeli archaeologists burst forth in cries of astonishment: Behold and see, to what degree everything found in the Holy Scriptures is precise!

And the historical truth is being clarified from every perspective. For these “Biblical critics,” not a few of whom are in fact complete ignoramuses regarding the Torah of Israel as a Torah of life and as the Torah of eternity, are accustomed to “correcting” the books of the Bible in accordance with whatever arises from their most confused and wildly unrestrained imagination. And suddenly, from ancient caves, hidden scrolls are found dating from nearly two thousand years ago, and everything written within those original and authentic scrolls – which renowned scholars examine and scrutinize – contradicts and refutes those sophistic vapidities and heaps of nonsense that were crowned with the title “Biblical science.”

And beyond this, the archaeologists engaged in excavations at historical sites in the Land also have something to say. And they demonstrate – as, for example, the Israeli archaeologist Dr. Moshe Kochavi recently demonstrated, who organized and directed the excavations in the Negev and in the Judean Mountains:

“The geographical record in Scripture has been proven by the discoveries in our excavations to be an exceptionally precise and reliable measure! In the Book of Joshua, chapter 15, there is found a detailed delineation of the boundaries of the tribe of the sons of Judah, their cities and their settlements, and all the discoveries made by our archaeological unit, which encompassed approximately twenty-five sites from the period of the kings of Judah, definitively confirmed that the entire division into districts – in the wilderness, in the hill-country, in the lowland, and in the Negev – is completely accurate; it accords with the standards demanded by every rigorous modern geographer!”

Ḥazal already said: “Yehudah ve-‘od la-qera” – that is, is there any further need whatsoever to confirm what is written in the Torah? In this generation, therefore, the whole-hearted faithful of Israel – loyal to the Torah and continuers of the heritage of Judaism – can, for their part, dispense with all those “authoritative confirmations” as well as the “scientific corroborations” of those “rigorous modern geographers.” But those great “sages” of Biblical Criticism – what answer can they possibly offer in the face of all the archaeological discoveries?

II.

And behold, there has emerged the newest fashion of “Talmud Criticism,” as a link integrated into the chain of distortions of “Ḥokhmat Yisrael” – which contains no “wisdom,” and whose association with “Israel” is exceedingly dubious.

It is a sacred obligation to raise a mighty voice of protest against the new “school” of the pretentious “Talmud critics,” who are liable to mislead pure souls among the Children of Israel. It is a double obligation to sound the alarm and to warn, since the dangerous initiative to harm – Heaven forbid – the foundational sources of the Oral Torah has now issued forth from a group of scholars concentrated around the “Schechter Seminary” in New York, whose official name is the “Jewish Theological Seminary,” and which is known as the “spiritual center” of the Conservative (“traditionalist”) movement in America.

As the first swallow heralding the emergence of the new method, there has now appeared, published by “Dvir” in Tel Aviv, a book entitled Sources and Traditions – Explanations in the Talmud. Its author, David Halivni, presents himself as an “expert in Talmudic research” who grew up within the walls of the “Schechter Seminary” in New York, in the company of Professor Louis Finkelstein, head of the Seminary, and Professor Saul Lieberman, the Seminary’s chief scholarly authority.

A public alarm must be sounded regarding the dangerous and destructive tendency of these “Talmudic explanations,” for of itself there surfaces the characteristic comparison with that famous “commentary” on the Torah by Moses Mendelssohn, the founding father of Reform in Germany! And if one extends this historical comparison further, the author of this “Talmudic research” likewise employs an innocent formulation and continually lifts his eyes heavenward…

“‘Blessed is the Omnipresent’ – thus opens the book’s ‘Preface’ – ‘who has merited me to see in print my explanations… May it be His will that just as He has merited me to see in print my explanations on the Order of Nashim, so may He merit me to see in print my explanations on the other orders and other books.’”

As it appears, the destructive hand is raised openly, and the plan is rather broad: to attack all the orders of the Shas and the other sources of Ḥazal, by means of that rusted and poison-saturated weapon called “Sources and Traditions”…

In the author’s scientific idiom this is called “textual truth,” since he strives to demonstrate that the Talmud is supposedly filled and replete with “inaccuracies,” “changes in sources,” “deviations from the simple interpretation,” and the like – claims and arguments that were habitual upon the tongues of all the “Biblical critics.”

From the words of the “Introduction” it is plainly evident that the author knows the truth, and merely intends to rebel against it! He himself writes that variations in textual versions, together with the difficulties bound up with them, have long since become part of the traditions… and indeed, one who has grown accustomed to this – precisely in this he perceives the distinctiveness of the Torah, and that its very diversity is its superior virtue…

The author even knows how to cite the words and opinions of the great Torah authorities, the giants of spirit of the later generations, such as the Ḥatam Sofer or Rabbi Israel Salanter, who explained that the essence of the distinctiveness of the Oral Torah lies precisely in this: that not everything appears revealed and simple at first glance…

This was the considered view of the author of the Ḥatam Sofer (in his novellae to tractate Ketubbot):

“The forced explanations (the resolutions offered to account for the difficulties arising in the comparison of the words of Ḥazal) – most of them are true… however, the rationalizations and inventions – most of them are false, and they are what cover over the face of truth.”

And Rabbi Israel Salanter, founder of the Mussar movement, stated this explicitly (in the introduction to his work Tevunah):

“What is truth? Truth does not live by simplicity alone, for simplicity is but one branch among the ways of proof; and for the most part the cherished difficulties stand ready to wage war against simplicity and to dislodge it…”

And despite all this, the arrogant audacity of a young scholar such as he has not been satisfied – a man who presents himself as a survivor of the Holocaust and as a remnant of the Auschwitz camp – to the point that he dared to approach the holy and to voice such a venomous and destructive notion, as though “the tannaim who transmitted the baraitot and dicta” altered much and did not even sense the alterations… whereas this “new star” from the Talmudic factory of the “Schechter Seminary” knows how to decipher “the truth in its truest sense” and to “correct” very many passages in the Talmud, by inserting “corruptions” and “errors” into the accepted and sanctified text!

Is it possible to remain silent in the face of such a terrible scandal?

III.

The source of a great danger has been exposed – one that is public-spiritual in character, and not merely literary-scholarly. We have no dispute with the author of this “collection of explanations,” who, notwithstanding everything, is himself compelled to concede that this is in essence not a new invention of his own, and that there have already been such researchers within the domain of “Ḥokhmat Yisrael” who attempted to “explicate” the sugyot of the Shas by a textual “critical method”…

The gravity of the danger is inherent in this fact: that it is an “official product” of the “Schechter Seminary,” and consequently it will be recognized and accepted as a “scientific discovery,” and perhaps even as a “scientific challenge” on the part of the Conservative movement in America.

Several years ago, the heads of the “Schechter Seminary” in America made numerous efforts to confer upon themselves a name and standing as a “Talmudic” research institution. Above all, they relied upon the personality of Professor Saul Lieberman, a renowned scholar and master of knowledge in the disciplines of the Oral Torah. It was not difficult to grasp that the spiritual leadership of the Conservative movement could not remain indifferent to the mighty historical phenomenon that became apparent in America with the establishment and flourishing of several advanced yeshivot for Torah study and rabbinic instruction. The “rabbis” of the Conservatives were truly alarmed by the rise of the power and influence of Haredi Judaism (Orthodox Judaism) in America, and they sought to demonstrate that among them too a “spiritual revival” was taking place, and that they too intended to return and to revivify the connection with the heritage of Judaism.

In accordance with the manner of the Conservatives and of all varieties of Reform, who are oriented primarily outward and whose chief concern is to find favor in the eyes of the gentiles, so they then arranged (some years ago) a grand celebration “in honor of the Talmud,” to which the Chief Justice of the Supreme Federal Court in Washington, Earl Warren, was invited. And the great surprise of the celebration was that the Chief Justice of the highest judges in America delivered an enthusiastic address concerning “the ethics of the Talmud,” and set forth several of the principles of Talmudic ethics as a model and exemplar of justice and uprightness!

The speech of the Chief Justice was not an isolated occurrence in America, where in recent times interest in the sources of Judaism has grown. Thanks to authoritative English translations, Christian scholars obtained some access to the treasures of the Talmud. One scholar, an expert in international law, a gentile from birth, published in the pages of an important scholarly journal a special study on the “spirit of true democracy” which he discovered in the Talmud.

And it is an interesting matter that the scholar paid attention there to that foundational principle in halakhic clarification in the Talmud: that “these and those are the words of the Living God.” The expert in international law translated this into his own terms, as an expression of democracy and freedom of expression – that one does not silence the “minority opinion” and does not disregard the rational arguments of the “opposing side,” but rather grants (as is done in the Talmud!) full right even to the minority opinion to explain its outlook. Even after the ruling has been decided on the basis of the majority view – which precisely accords with formal democracy – the “Talmudic sage” continues to voice and present his opinion upon the pages of the Talmud!

In various forms and through various channels, some of the perspectives of the Talmud began to penetrate American society. The growth in the number of yeshiva students in America – many of whom are regarded as authoritative experts in the domains of modern science – transmitted many of the moral principles of the Oral Torah into the broader world.

Until there arose a young “Talmudic researcher,” among the trainees of the “Schechter Seminary,” and proclaimed from every possible platform that fidelity to the text of the Talmud is doubtful, and that one must begin “Talmudic criticism”…

This matter did not suffice with the preparation of the anthology of “Sources and Traditions,” whose entire purpose is to obscure the sources and to undermine the traditions, but he even offered his “merchandise” (apparently upon the recommendation of the heads of the “Schechter Seminary”) to the editorial board of the world-renowned Encyclopaedia Britannica.

From his pen emerged the article “Source Criticism,” appended to the entry “Talmud” in volume 21 of the Encyclopaedia Britannica. What is the entire tendency of this article – particularly when it appears in English and is directed to the general public and to scholars for whom both the sources of the Talmud and the spirit of the Talmud are foreign – what can it lead to? Destructive views such as these: “that one should not lose one’s reason because of the analyses of the sages of the Talmud, who were not precise in the historical sources.” Both absolute ignorance is embedded in them, and an evil spirit of slander and self-degradation drips from them!

IV.

This figure did not emerge merely to testify concerning himself; rather, he also serves to testify concerning the entire “Schechter Seminary.” And the matter exceeds the limited framework of “literary activity” in the domain of “Talmud Criticism.” The “Schechter Seminary” embodies the “fortress of spirit” of the Conservative movement in America – and not only in America.

In recent years, the “Conservative” leaders have revealed an aspiration for “conquest,” and they seek precisely to transform themselves into a “global spiritual movement.” Concurrently, part of their leadership issues “public declarations,” as though their entire purpose is “to preserve and to draw from the sources of Judaism.”

It is indeed true that the great Torah authorities in America, foremost among them the Gaon Rabbi Aharon Kotler, of blessed memory, related from the outset with great suspicion to all “signs of rapprochement” on the part of the Conservatives, since, according to da‘at Torah, even their “tendencies” bear a pronounced character of Reform. The great Torah authorities in America therefore warned that rabbinic organizations in the United States should not blur the “dividing line” between the Jewish communities and the Conservative associations. A fierce spiritual campaign was waged on this matter in the public consciousness of American Jewry. And now one sees plainly what may be expected even from the learned “masters of sources” within the Schechter Seminary.

Appendix 2: Menashe Unger, “A Survivor of Auschwitz Creates a New Method in Talmudic Interpretation,” Der Tog (10 March 1969): 5-8 (Yiddish)

Menashe Unger,

“A Survivor of Auschwitz Creates a New Method in Talmudic Interpretation”

Der Tog (10 March 1969): 5-8 (Yiddish)

Dr. David Halivni Weiss, a survivor of the Nazi extermination camp at Auschwitz, has developed a new method in the study of the Talmud, a method that has aroused wide and serious interest.

In an earlier article we described how the fifteen-year-old Eliyahu David Weiss Halivni was sent to the death camp at Auschwitz already possessing rabbinic ordination; how, under conditions of mortal danger, he studied Gemara together with fellow Jews in Auschwitz and in other death camps; and how, after liberation, he arrived in America. At the age of eighteen he began studying at the Rabbi Chaim Berlin Yeshiva, where he again received rabbinic ordination, this time from Rabbi Moshe Binyamin Tomashov. He later pursued studies at New York University and at the Jewish Theological Seminary, under the guidance of the eminent scholar Rabbi Professor Saul Lieberman. He ultimately became professor of Talmud at the Jewish Theological Seminary and at Columbia University.

His book has now appeared: Mekorot u-Mesorot: Biʾurim ba-Talmud (Sources and Traditions: Explanations in the Talmud), on the Order Nashim, published by Dvir in Tel Aviv. The volume comprises 728 pages, with an introduction of nineteen pages. The book has made a powerful impression in the world of Talmudic scholarship.

What constitutes the new method of Rabbi David Halivni Weiss?

Rabbi Halivni Weiss first emphasizes that more than four hundred Tannaim and more than three thousand Amoraim lived under widely differing historical and social conditions over a period of approximately six hundred years. It is therefore understandable that at times an Amora did not fully comprehend a teaching of a Tanna transmitted to him. There were Tannaim who possessed extraordinary memories and transmitted the teachings of earlier authorities in the academies. Yet even when their memory was exceptional, they were not always able to convey the precise wording exactly as the original Tanna had formulated it. As a result, discrepancies arose, and the Amoraim were compelled to discuss these matters in the academies in order to reconcile the transmitted teachings.

The Amoraim even leveled accusations against such Tannaim, declaring: “The Tannaim are destroyers of the world” (Sotah 22a), because they failed to transmit the halakhah of the Mishnah exactly as the earliest Tanna had stated it. Accordingly, one must strive to return to the original formulation of the halakhah, or to the original statement of the earliest Tanna.

How is this accomplished? By making systematic use of variant manuscripts of the Talmud, Midrash Halakhah, the Tosefta, and the interpretations of many early authorities that have been discovered in recent times in various libraries. We know that Rabbi Judah the Prince, the redactor of the Mishnah, himself sometimes transmitted a halakhah according to his own conceptual framework, and not exactly as the Tanna had originally stated it, in order to render it more intelligible.

To clarify this approach, we will offer one example, drawn from the first Mishnah in Tractate Berakhot. The Mishnah opens: “From when does one recite the Shema in the evening?” It states that from the time the priests enter to eat their terumah one may recite the Shema until the end of the first watch, according to Rabbi Eliezer. The Sages say until midnight, and Rabban Gamliel says “until the rise of dawn.” However, in Avot de-Rabbi Natan it is stated that Rabban Gamliel says “until the rooster crows.”

This raises a difficulty: why did Rabbi, the redactor of the Mishnah, transmit Rabban Gamliel’s opinion as “until the rise of dawn,” whereas Avot de-Rabbi Natan reports it as “until the rooster crows”? One might assume that these refer to the same point in time, that the crowing of the rooster coincides with the appearance of the morning star. Yet from the Tosefta in Tractate Taʿanit (1:6) we see that these two temporal markers are not identical.

The discussion there concerns a fast that begins in the morning, as distinct from fasts such as the Ninth of Av, which begin in the evening. A dispute is recorded between Rabbi and Rabbi Eliezer ben Rabbi Shimon. Rabbi maintains that one may eat “until the rise of dawn,” meaning until the appearance of the morning star, which is still considered night, whereas Rabbi Eliezer ben Rabbi Shimon rules “until the rooster crows.” From this it is evident that the two times are not the same.

Rabbi Halivni Weiss therefore concludes that Rabban Gamliel originally stated only that one may recite the Shema “throughout the entire night,” without specifying any precise endpoint. The later Tannaim then debated how long the measure of “the entire night” extended. Since Rabbi held that night ends with the rise of dawn, and since Avot de-Rabbi Natan indicates that he indeed held this position, Rabbi incorporated into the Mishnah the formulation that Rabban Gamliel says “until the rise of dawn.” In Avot de-Rabbi Natan, however, both views were preserved: Rabbi’s position, “until the rise of dawn,” and that of Rabbi Eliezer ben Rabbi Shimon, “until the rooster crows,” because the redactor of Avot de-Rabbi Natan apparently accepted the latter view and therefore recorded both.

A similar phenomenon appears in the text of the Passover Haggadah, where it states: “They would recount the exodus from Egypt all that night,” without specifying an endpoint. By contrast, the Tosefta at the end of Tractate Pesahim states: “They recount the exodus from Egypt until the rooster crows.”

Rabbi David Halivni Weiss has thus developed a method that may be described, in a certain sense, as Talmudic textual criticism, but in a positive and constructive manner. Already the Netziv writes in his Haʿamek Sheʾelah (Sheʾiltah 136, section 1) that “it is the way of the Talmud to reinterpret the Mishnah so as not to uproot the halakhic ruling.” That is, the Sages did not wish the accepted halakhah to stand in contradiction to an explicit Mishnah, and where necessary they even corrected the wording of the Mishnah so that it would conform to the accepted halakhah.

Rabbi Halivni Weiss presents a striking illustration from Tractate Taʿanit (26b). The Mishnah there states that on three occasions during the year the priests raise their hands in blessing four times a day, and it enumerates Shaharit, Musaf, Minhah, and the closing of the Temple gates. These occasions are fast days, Maʿamadot, and Yom Kippur. The Gemara asks: is there a Musaf prayer on a fast day? It answers: “Something is missing, and this is how it should read: On three occasions during the year the priests raise their hands whenever they pray.” We thus see that the Gemara itself emended the Mishnah.

Why did the Amoraim do this? Rabbi Halivni Weiss explains that Musaf was recited only on a communal fast. In Babylonia there was never a communal fast, as the Gemara itself notes, because only the Nasi could proclaim such a fast, and Babylonia lacked a Nasi, unlike the Land of Israel. In the Land of Israel, communal fasts did exist, but after the abolition of the Nasiate in the year 425 they ceased there as well. In the Mishnaic period, however, Rabbi correctly included Musaf among the prayers recited on such days.

Later Amoraim, who lived in Babylonia and knew no communal fasts even in the Land of Israel, were perplexed by the Mishnah’s implication that Musaf was recited on a fast day. In order to harmonize the Mishnah with the accepted halakhah, they therefore emended its wording and inserted the phrase “whenever they pray.”

Rabbi David Halivni Weiss places primary emphasis on the textual foundations of the Mishnah and the Gemara. He demonstrates, on the basis of early sources, that there existed variant versions of the Mishnah, such as the Mishnah of Rabbi Meir and the Mishnah of Rabbi Akiva, which differed in wording.

As an example, he points to the opening Mishnah in Tractate Kiddushin: “A woman is acquired in three ways: by money, by document, and by intercourse.” The Gemara in Kiddushin (9a) asks: “By document, how?” and answers that if a man writes, “You are betrothed to me,” the woman is betrothed. Rabbi Halivni Weiss asks how the formulation “your daughter” enters the discussion, when the Mishnah speaks of a woman. He explains that this baraita originally referred not to Kiddushin but to Ketubbot, chapter four, where the Mishnah states that a father has rights over his daughter’s betrothal by money or by document. The redactor of the Gemara in Kiddushin apparently possessed such a version and connected the baraita to the Mishnah in Kiddushin because it was the closest relevant context.

This, then, is the path of study of Professor David Halivni Weiss. He proceeds through all the tractates of the Order Nashim, Yevamot, Ketubbot, Nedarim, Nazir, Sotah, Gittin, and Kiddushin, offering on every folio his elucidations and explanations, thereby clarifying many passages that have long remained obscure. At times a single incisive observation resolves a complex Talmudic difficulty and causes an entire accumulation of questions, which scholars had struggled to answer, to fall away.

Rabbi David Halivni Weiss is an outstanding disciple of the eminent Rabbi Professor Saul Lieberman, who takes great pride in his student. Professor Rabbi David Halivni Weiss is the youngest professor of Talmud at the Jewish Theological Seminary. He is engaged in a monumental scholarly undertaking that will be appreciated by all the leading Torah scholars of the generation. Having published his major work on the Order Nashim, he is already preparing a commentary on the Order Moʿed, with the aim of completing a comprehensive work on the entire Talmud.

Rabbi David Halivni Weiss emerged from the valley of death as a fragile child, a living remnant who endured the years of torment in the death camps while preserving his Jewish identity. He has remained a deeply observant Jew, meticulous in every detail of halakhic observance. Through his new method he has conferred a great benefit upon the world of Torah scholarship with his work Mekorot u-Mesorot, which will surely be highly esteemed by all students of Torah throughout the world.

 

 

Appendix 3: The 1957 Warren Convocation and the Circulation of Talmudic Self-Incrimination Discourse

Shmueli notes in his article in the Beys Yaakov Journal the wider efforts of JTS to translate talmudic discourse into a public idiom of modern legal and ethical relevance, and specifically a visit by Chief Justice Earl Warren.[88] During the 1950s, under the leadership of JTS Chancellor Louis Finkelstein, the Seminary promoted what it termed an “ethics of the Talmud,” presented as a normative program rather than antiquarian scholarship. Finkelstein described this enterprise as a kind of “fifth Shulḥan Arukh,” positioning the Talmud as a source of authoritative guidance for contemporary life.

The scope and aims of this project are documented in a substantial exchange between Finkelstein and Saul Lieberman in the mid-1950s.[89] In a detailed letter dated July 22, 1955, Finkelstein outlined his ambition to develop what he explicitly termed a “fifth Shulḥan Arukh,” by which he meant a systematic exposition of rabbinic ethics derived from the talmudic corpus. The letter makes clear that the two had discussed the matter repeatedly and that Finkelstein regarded Lieberman as indispensable to its realization. He credited Lieberman not only for scholarly guidance but for shaping his understanding of the ethical dimensions of rabbinic literature, remarking that he sought to render “Professor Lieberman as an institution” into a durable intellectual framework. Lieberman’s reply articulates a distinctive conception of legal-ethical obligation. Jewish law, he argued, establishes only the minimal standards necessary for social existence; genuine ethical responsibility begins beyond that threshold. Ethical expectations vary according to intellectual and moral stature. Conduct that might be considered blameless in an ordinary individual could be ethically culpable in a scholar. Rabbinic literature, he maintained, preserves numerous episodes illustrating such graduated responsibility, and only a sustained analytical study of the entire corpus could yield a systematic code of rabbinic ethics. He wrote:

“I might have stated to you my position on Jewish law and legal ethics. I believe that they are only the minimum without which no society can exist. The real legal ethics begin beyond this minimum. Each individual is legally bound by an ethical system conditioned to his individual character, temperament and general stature. A certain behavior on the part of an ordinary man may rightly be considered blameless under the circumstances, but the same behavior on the part of a learned man should be considered ethically criminal. In between the ignorant small man and the learned great man there are numerous gradations of ethical principles which correspondingly should guide the individual according to his status. Rabbinic literature abounds in episodes which highly illuminate the particular ethical principles with which we are concerned. The general idea is that none is exempt from the moral duty to aspire for perfection, thus raising the standards of the ethical principles required by the law for the particular individual.”[90]

This initiative took institutional form in September 1957 with the inauguration of the Lehman Institute of Ethics,[91] marked by a scholarly convocation on “Law as a Moral Force,”[92] attended by Chief Justice Earl Warren and described by one speaker as graced by the presence of “the most beloved citizen of our land.”[93]

Contemporary coverage makes clear that the convocation was designed not only as an internal scholarly gathering but as a publicized civic event. Reporting on the occasion, The New York Times noted that Warren had “enrolled” at the Seminary for a three-day convocation held over the weekend of September 13-14, 1957, devoted to Jewish law and its relevance to contemporary legal problems, and described both his participation in scholarly discussions and his attendance at Sabbath eve services. Finkelstein was quoted as framing the event as a gesture of civic-cultural deference: the Seminary, he declared, sought to honor Warren by sharing with him “our most treasured possession – the Talmud and its teaching.”[94] The report further translated rabbinic jurisprudence into American legal idiom, describing the Mishnah’s interpretive authority as “analogous to a Supreme Court decision,” and noting that Saul Lieberman’s Friday night lecture addressed procedural doctrines, especially self-incrimination and double jeopardy, that resonated directly with American constitutional discourse.[95] A contemporaneous Jewish Telegraphic Agency report similarly quoted Warren as remarking that several American constitutional safeguards, including those against self-incrimination and double jeopardy, appeared to derive from talmudic law. While noting that protection against self-incrimination was “perhaps not as sacred now as in ancient times,” Warren nonetheless affirmed its continuing place within American jurisprudence.[96] The episode illustrates the dynamic that Shmueli sought to resist: talmudic law presented as a moral-jurisprudential resource whose public legitimacy is ratified through elite American recognition.

According to Louis Finkelstein’s later recollection, Warren was so struck by Lieberman’s lecture that, despite an understanding that he would not speak publicly, he insisted on addressing the assembled audience. Warren reportedly expressed astonishment that such teachings were “almost a secret,” asking how it was that “nobody knows about it.” Public attention followed quickly. Finkelstein recalled that former President Harry S. Truman, then visiting New York, read the New York Times account of the event and declared, “If it is good enough for him, it is good enough for me,” before arriving at the Seminary together with Judge Samuel Rosenman, himself not merely a jurist but a leading Democratic insider and former presidential adviser closely associated with Roosevelt and Truman. Shmueli’s polemic thus draws upon a real and widely publicized episode in which the Talmud was presented to prominent representatives of the American political and legal establishment as a jurisprudential and ethical resource.[97]

Although the text of Lieberman’s lecture, “Law as a Moral Force in Rabbinic Literature,”[98] has not been preserved (and no recording was made, as it was delivered on the Sabbath eve), the intellectual aims of the convocation inaugurating the Herbert H. Lehman Institute of Ethics are articulated with unusual clarity in the published preface to Professor Shalom Spiegel’s address, Amos versus Amaziah.[99]

The conclave was explicitly convened to explore the moral dimensions of law as articulated in ancient Hebrew sources and to assess their relevance to contemporary legal and civic problems. Chief Justice Earl Warren and former President Harry S. Truman were among the featured participants, and Warren was quoted as remarking on the “sense of humility” that follows from recognizing that “most of the good things that we find in our law and in our own institutions come from the wisdom of men of other ages.” Spiegel’s address, identified in the prefatory material as one of the principal lectures of the weekend, framed prophetic confrontation and biblical justice through the idiom of constitutional adjudication and judicial review; Truman reportedly described it as “one of the best [lectures] I have ever heard in my life.”[100] In this respect, Spiegel’s published address offers a reliable index of the conceptual register within which Lieberman’s now-lost lecture was heard.

The episode circulated widely beyond the English-language press. Coverage in the Yiddish press highlighted the unusual image of the Chief Justice of the United States Supreme Court sitting in the Seminary, wearing a yarmulke and studying Talmud together with Finkelstein and Lieberman.[101] It was largely through this reportage that the episode entered the retrospective memory of circles associated with Yeshiva University. Decades later, Rabbi Hershel Schachter recalled in writing that R. Joseph B. Soloveitchik reacted sharply to Yiddish newspaper accounts of Lieberman’s talmudic exposition, particularly the suggestion that repentance could nullify liability to punishment in an earthly court, a claim difficult to reconcile with Makkot 13b. He reportedly dismissed such reports as devarim betelim (‘idle talk’) and invoked the Ra’avad’s critique of Maimonides.[102]

Samuel J. Levine has recently suggested that Chief Justice Warren’s later invocation of Jewish law in Miranda v. Arizona (1966) may be traced to his widely reported 1957 visit to the Jewish Theological Seminary. According to Levine, the JTS encounter helped prepare the conceptual ground for Miranda, as contemporary accounts of the visit already portrayed Jewish law as an antecedent to Anglo-American constitutional protections, particularly in the area of self-incrimination.[103] That framework, however, was already in circulation at least a year earlier and cannot be attributed solely to the 1957 Seminary visit.

Newly available correspondence complicates any linear account of influence running from Warren’s 1957 visit to the Seminary to Miranda (1966). In early 1956, Rabbi Norman Lamm, then a pulpit rabbi in Springfield, Massachusetts, published in Judaism a substantial essay written at the height of public controversy over the Fifth Amendment, explicitly framing ein adam mesim atzmo rasha (“no man can render himself legally wicked”) as the halakhic analogue of the constitutional privilege against self-incrimination.[104] Far from offering a casual comparison, Lamm argued that halakhah went beyond the Fifth Amendment by rendering all criminal confessions inadmissible, even if voluntarily offered.[105] This was the argument Warren would later cite in his majority opinion.

On March 19, 1956, more than a year before Warren’s appearance at the Seminary, Justice William O. Douglas wrote to Lamm that he had read the essay and found it “uncommonly suggestive,” praising its “penetrating analysis.”[106] The letter demonstrates that Lamm’s comparative formulation had already circulated within the Court at the moment of its publication, independently of the later public staging of the JTS symposium. Although the precise circumstances under which Warren first encountered the essay remain unknown, Douglas’s correspondence establishes that the argument had entered the Court’s intellectual orbit well before the 1957 visit.[107]

Contemporary Jewish press coverage of Miranda indicates that Warren’s footnote was promptly read in genealogical terms. An editorial in the Wisconsin Jewish Chronicle, titled “Grandpappy of the Fifth Amendment,” presented the decision as evidence that “the ancient Talmudic law” lay at the root of modern constitutional protections. Citing Lamm’s formulation of ein adam mesim atzmo rasha, it described the Talmud as the “great, great, great grandpappy” of the Fifth Amendment and treated the Court’s ruling as a contemporary reaffirmation of an ancient legal principle.[108] Similarly, the St. Louis Jewish Light interpreted Warren’s reference to “ancient times” as an acknowledgment of Lamm’s 1956 formulation, stressing that halakhah not only anticipated but surpassed the Fifth Amendment in stringency.[109] In both instances, a comparative footnote was taken as evidence of a historical lineage linking Jewish jurisprudence to American constitutional doctrine.

The JTS episode should therefore be understood not as the origin of Warren’s engagement with Jewish law, but as a conspicuous public moment that consolidated and legitimated a line of juridical reflection already underway.

This pattern of influence and circulation is also visible, albeit indirectly, in the later secondary literature produced within the Seminary’s own intellectual milieu. Aaron Kirschenbaum, whose Self-Incrimination in Jewish Law emerged from the JTS faculty orbit,[110] neither mentions Warren’s widely publicized 1957 visit to the Seminary nor notes Warren’s later reliance on Norman Lamm’s 1956 essay in his majority opinion in Miranda v. Arizona. He does, however, call attention to Warren’s use of other secondary legal scholarship.[111] The omission is striking, since Enker and Elsen themselves cite Lamm’s essay on the halakhic analogue to the Fifth Amendment,[112] thereby situating Lamm’s argument squarely within the very body of legal literature on which Warren drew.

Indeed, Kirschenbaum explicitly situates his own engagement with self-incrimination in the political and legal climate of the early 1950s. Reflecting on his years at JTS, he recalls how he and his fellow students felt an almost compulsive need to render Moses, Hazal, and Maimonides “relevant,” reading classical sources through the selective lens of modern rights discourse. Under the pressures of the McCarthy era, he writes, congressional investigations and compelled testimony rendered the constitutional privilege of silence a matter of urgent moral significance. The formula “I refuse to answer… because my response would constitute self-incrimination” became, for him, not merely a legalism but a moral idiom. It was precisely this Fifth Amendment protection, he explains, that “captivated” him and first drew him into the surrounding legal literature.[113]

Whatever the precise channels through which Jewish legal analogies entered American constitutional discourse, the Lehman Institute convocation represented a highly visible attempt to stage talmudic law as a public moral resource within elite American civic culture, and it was precisely this institutional posture that drew Orthodox critique. Yet the controversy surrounding the Lehman Institute and the 1957 Warren convocation was not without precedent. From the mid-1930s onward, Louis Finkelstein’s efforts to reposition the Jewish Theological Seminary as a locus of public moral and cultural authority had already provoked sustained criticism from Orthodox and right-wing observers, who viewed such initiatives as compromising rabbinic integrity in pursuit of external validation. Programs aimed at engaging Christian intellectuals or framing Judaism in universal ethical terms were repeatedly denounced in the Orthodox and Yiddish press as apologetic accommodation, and at times as missionary entanglement. Figures such as Aaron Rosmarin cast these projects as oriented less toward the cultivation of internal rabbinic tradition than toward securing legitimacy before non-Jewish audiences and American cultural elites.

Notes

  1. Throughout this article, individuals are occasionally referred to by surname alone, in keeping with established scholarly convention. This practice is adopted solely for stylistic consistency and carries no implication of disrespect.
  2. Joseph Berger, “Rabbi David Weiss Halivni, Scholar Devoted to the Talmud, Dies at 94,” The New York Times (18 July 2022): A17.
  3. Ibid.
  4. See David Weiss Halivni, The Book and The Sword: A Life of Learning In The Shadow of Destruction (New York: Farrar Straus and Giroux, 1996); and Netiʻot Ledavid: Jubilee Volume for David Weiss Halivni, eds. Yaakov Elman, Ephraim Bezalel Halivni, and Zvi Arie Steinfeld (Jerusalem: Orhot Press, 2004).
  5. For the fullest methodological exposition of his theory of Talmudic redaction, see David Weiss Halivni, The Formation of the Babylonian Talmud, trans. Jeffrey L. Rubenstein (Oxford: Oxford University Press, 2013). See also H.A. Alexander, “David Halivni and Shamma Friedman: Conflicting Trends in Talmud Criticism,” Conservative Judaism, vol. 39, no. 3 (Spring 1987): 45-57; Ari Bergmann, Halevy, Halivni and the Oral Formation of the Babylonian Talmud (PhD diss., Columbia University, 2014) and Ari Bergmann, The Formation of the Talmud: Scholarship and Politics in Yitzhak Isaac Halevy’s Dorot Harishonim (Berlin: de Gruyter, 2021); and earlier in Irwin H. Haut, The Talmud as Law or Literature: An Analysis of David W. Halivni’s ‘Mekorot Umasorot’ (New York, Bet Sha’ar Press, 1982). A fuller treatment of Halivni’s method and its reception will be presented in subsequent essays in this series.
  6. For the subsequent editions in this series, see David Weiss Halivni, Mekorot u-Masorot: Seder Nashim (Tel-Aviv: Devir, 1969; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Seder Moed, from Yoma to Hagiga (Jerusalem: Jewish Theological Seminary, 1975; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Shabbat (Jerusalem: Jewish Theological Seminary, 1982; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Eruvin-Pesahim (Jerusalem: Jewish Theological Seminary, 1982; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Seder Nashim, second edition (Toronto: Otsereinu, 1992; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Bava Kamma (Toronto: Otsereinu, 1993; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Bava Metzia (Jerusalem: Magnes, 2002; Hebrew); David Weiss Halivni, Introduction to ‘Mekorot u-Masorot’, first edition (Jerusalem: Magnes Press, 2009; Hebrew); David Weiss Halivni, Introduction to ‘Mekorot u-Masorot’, second edition (Jerusalem: Magnes Press, 2012; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Sanhedrin, Shavu’ot, Makot, Avodah Zarah, Horayot (Jerusalem: Magnes, 2012; Hebrew); David Weiss Halivni, Mekorot u-Masorot: Zevahim-Menahot (Jerusalem: Magnes Press, 2023; Hebrew); and see David Weiss Halivni, The Formation of the Babylonian Talmud, ed. and trans. Jeffrey L. Rubenstein (Oxford: Oxford University Press, 2013).
  7. David Weiss Halivni, Mekorot u-Mesorot: Seder Nashim (Tel-Aviv: Devir, 1969; Hebrew).
  8. A comprehensive bibliographical listing of Halivni’s writings, including digitized scans, is available on the Academia.edu page (here) curated by Menachem Butler in collaboration with Professor Halivni’s family.
  9. Israel Shenker, “A Life in the Talmud,” The New York Times Magazine (11 September 1977): 44-45, 74-82, available here.
  10. Margalit Fox, “Israel Shenker, 82, a Reporter With the Instincts of a Scholar,” The New York Times (17 June 2007): 23.
  11. Ibid.
  12. Israel Shenker, “Groucho, at 81, Discusses Favorite Topic- Women,” The New York Times (4 May 1972): 50; Israel Shenker, “Groucho Marx Uses Room Service to Press Suit,” The New York Times (5 June 1975): 40.
  13. Israel Shenker, “Borges, a Blind Writer With Insight,” The New York Times (6 April 1971): 48.
  14. Israel Shenker, “Former Chomsky Disciples Hurl Harsh Words at the Master,” The New York Times (10 September 1972): 70.
  15. Israel Shenker, “The Old Magician at Home,” The New York Times Book Review (9 January 1972): 2.
  16. Israel Shenker, “Picasso, 90 Today, Assayed By Critic, Curator, 3 Artists,” The New York Times (25 October 1971): 42.
  17. Israel Shenker, “Asimov, ‘on Fire to Explain,’ Writes 100th Book – About Himself,” The New York Times (18 October 1969): 35; Israel Shenker, “I.B. Singer As Traveler,” The New York Times (13 March 1983): 66-70.
  18. Israel Shenker, “A Religious Zionist Urges Compromise on Occupied Lands,” The New York Times (15 June 1978): 12. For contemporaneous coverage of the Oz V’Shalom movement – founded in response to Gush Emunim – see “Orthodox Group in Israel Forming Peace Movement to Oppose Gush Emunim,” The Jewish Week (11 June 1978): 24.
  19. Israel Shenker, “Professor, 80, Looks to Volume 18 of Jewish History,” The New York Times (26 May 1975): 31.
  20. Israel Shenker, “Solomon Zeitlin, Long a Professor of History and Rabbinics, Dies,” The New York Times (30 December 1976): 26.
  21. Israel Shenker, “Shabuoth Group Sifts Gossamer Threads of Torah, Particularly the Ten Commandments,” The New York Times (24 May 1969): 25; Israel Shenker, “Rabbi Gives Views on Birth Control: Cites Jewish Law and Bible on Marital Ethics,” The New York Times (30 November 1969): 50; Israel Shenker, “Rabbi Finkelstein to Retire; Joy of Study Undiminished,” The New York Times (28 September 1971): 41; Israel Shenker, “Two Are Named as Heads of the Jewish Theological Seminary,” The New York Times (28 October 1971): 43; Israel Shenker, “Rabbi to Give Nixon a Kingly Blessing,” The New York Times (19 January 1973): 16; Israel Shenker, “Adele Ginzberg, at 90, Says, ‘So What?’,” The New York Times (16 May 1976): 50; Israel Shenker, “Japanese Christian Is Awarded A Doctorate by Jewish Seminary,” The New York Times (31 May 1977): 33.
  22. See also Shenker’s profile of Rabbi Benjamin Kamenetzky, son of the renowned Torah scholar Rabbi Yaakov Kamenetsky, who fielded religious inquiries through a public telephone ‘Hot Line to the Rabbi’, in Israel Shenker, “On Wednesday, the Rabbis Answered the Phones,” The New York Times (19 May 1978): B1.
  23. See also Israel Shenker, “Deli Waiters Turn Polite for the 4th,” The New York Times (5 July 1969): 38; Israel Shenker, “Delicatessen Puts Clock Back 20 Years,” The New York Times (12 March 1974): 41; Israel Shenker, “For Customers Over 65, The Food Is Half-Price,” The New York Times (25 September 1974): 46; and Israel Shenker, “In Delis, 2d Ave. Is a Palace,” The New York Times (22 April 1977): C19.
  24. There were, of course, rare exceptions. See, for example, Israel Shenker, “Knishes and Latkes, Yes! But Chicken Wellington?” The New York Times (10 March 1971): 45; Israel Shenker, “Taste for Business Builds Brooklyn Knish Empire,” The New York Times (9 May 1971): 80; and Israel Shenker, “They Sing in Praise of Matzoh Brei,” The New York Times (19 November 1973): 44.
  25. Including, for example, Israel Shenker, “Ideological Labels Changing Along With the Label-Makers,” The New York Times (12 November 1970): 45,48; Israel Shenker, “Man and Machine Match Minds at M.I.T.: 5th Conference on Artificial Intelligence Seeks Ways to Smarter Computers,” The New York Times (27 August 1977): 8; Israel Shenker, “Lowell’s Sacco-Vanzetti Papers Are Opened After 50 Years,” The New York Times (10 December 1977): 12; Israel Shenker, “Freiheit Editor’s 75th Birthday Party Is in a Class by Itself: ‘Preserving the Language’,” The New York Times (12 February 1978), 48; Israel Shenker, “Webster, Noah (1758-1843): A Clearly Defined Reputation,” The New York Times (14 April 1978): B1, B5.
  26. Israel Shenker, “Behind the Scenes at the Savoy,” The New York Times (23 June 1985): 19, 36.
  27. Israel Shenker, “Lonely Sea Gate’s Streets Still Belong to Its People,” The New York Times (2 January 1972): A6; Israel Shenker, “Despair Fills Lower East Side Synagogues,” The New York Times (19 March 1974): 4; Israel Shenker, “What’s Nu? Bagel-and-Bus Tours of Jewish New York,” The New York Times (5 May 1976): 89.
  28. Israel Shenker, “The Miraculous Cheeseless Cheesecake: The Cheesecake Without Cheese,” The New York Times (5 July 1978): C1, C7.
  29. Israel Shenker, “The Twerski Tradition: 10 Generations of Rabbis in the Family,” The New York Times (23 July 1978): 38. See also Edward Reichman and Menachem Butler, “The Medical Training and Yet Another (Previously Unknown) Legacy of Rabbi Dr. Abraham J. Twerski, zt”l,” The Seforim Blog (2 February 2021), available here.
  30. Israel Shenker, “Hasidic Group Marks Its 100th Year,” The New York Times (2 June 1971): 46; Israel Shenker, “Hasidic Feat: Simple as Aleph, Beth, Gimel,” The New York Times (3 November 1977): A18.
  31. Israel Shenker, “Brooklyn Brothers Use Scribes’ Ancient Art in Torah Repairs,” The New York Times (27 July 1977): B1.
  32. Israel Shenker, “It’s Onward and Uptown For Hebrew Publishing,” The New York Times (1 August 1976): 40.
  33. Israel Shenker, “Dreydl Makers in City Preparing for What’s a Dreydl? You Shouldn’t Ask,” The New York Times (28 September 1970): 45; and Israel Shenker, “C.C.N.Y’s President Loses Dreydl Crown in Spin-Off,” The New York Times (7 December 1972): 106.
  34. Israel Shenker, “Brides and Bar Mitzvahs Bring a Rush on Yarmulkes,” The New York Times (20 June 1977): 31
  35. Israel Shenker, “The Day the Waldorf Went Kosher,” The New York Times (23 Dec 1977); 20; and Israel Shenker, “With Them, It’s Always Strictly Kosher,” The New York Times (15 April 1979): 32-33, 36-38, 40, 42.
  36. Israel Shenker, “On El Al, They’d Rather Walk: It’s Up and Down the Aisles, Even at Meal Times,” The New York Times (15 November 1968): 93.
  37. Israel Shenker, “Isaac Singer’s Perspective on God and Man,” The New York Times (23 October 1968): 49, 94; Israel Shenker, “A Bit of Reality by I.B. Singer and Son,” The New York Times (17 April 1970): 44; and Israel Shenker, “The Man Who Talked Back to God: Isaac Bashevis Singer, 1904-91,” The New York Times Book Review (11 August 1991): 11.
  38. Israel Shenker, “Harvard’s Resident Sage Marks 85th Birthday Today,” The New York Times (2 November 1972): 45, 86, available here. He later wrote Wolfson’s obituary in Israel Shenker, “Harry Wolfson, 86, Philosopher of Religion at Harvard, is Dead,” The New York Times (21 September 1974): 32, available here. For another contemporaneous tribute, see Mark Jay Mirsky, “Our Greatest Sage: Elegy for Harry Wolfson,” The Village Voice (13 January 1975): 39-41, available here.
  39. Israel Shenker, “Lubavitch Rabbi Marks His 70th Year With Call for ‘Kindness’,” The New York Times (27 March 1972): 39.
  40. Israel Shenker, “Israeli Historian Denies Jews Yielded to the Nazis ‘Like Sheep’,” The New York Times (6 May 1970): 2; Israel Shenker, “How Yiddish Survives At 2 New York Schools,” The New York Times (16 January 1974): 68; Israel Shenker, “An Awesome Reliving of Auschwitz Unfolds at St. John’s,” The New York Times (4 June 1974): 39; Israel Shenker, “The Holocaust: Did God Want It?” The New York Times (6 June 1974): 38; Israel Shenker, “The Holocaust Was ‘Radical Counter-Testimony’ to Religion,” The New York Times (9 June 1974): E5; Israel Shenker, “Scholars at Holocaust Conference Here Seek Answers to the Unanswerable,” The New York Times (4 March 1975): 13; Israel Shenker, “Jewish Cultural Arts: The Big Debate,” The New York Times (13 January 1976): 42; Israel Shenker, “Diverse Views Given on U.S. Jewish Experience,” The New York Times (22 March 1976): 55; and Israel Shenker, “Conference Ponders Who’s a Jew and Why,” The New York Times (26 May 1976): 18;
  41. Israel Shenker, Coat of Many Colors: Pages from Jewish Life (Garden City, NY: Doubleday, 1985).
  42. Israel Shenker, “Israeli Scholar Preparing New Edition of Talmud,” The New York Times (19 September 1971): 78.
  43. And on the controversy two decades later on Rabbi Adin Steinsaltz’ edition of the Talmud, see Haim Shapiro, “Talmudist Continues Down Path of Peace,” The Jewish Week (25 August 1989): 2, 31; Leon Wieseltier, “Unlocking the Rabbis’ Secrets: Review of ‘The Talmud’, by Adin Steinsaltz,” The New York Times Book Review (17 December 1989): 3, 31; Haim Shapiro, “Moving Up The Charts: Rabbi Adin Steinsaltz’s English Translation of the Talmud is Becoming A Surprisingly Hot Seller Abroad,” The Jerusalem Post Magazine (9 March 1990): 7-8; Jonathan Sacks, “Steinsaltz the Polymath,” The London Jewish Chronicle (2 March 1990): 27; Jacob Neusner, “Letter – Steinsaltz’s Say-So,” The Forward (7 December 1990): 6; Jacob Neusner, “Along with the Sizzle, Plenty of Beef: Review of ‘The Talmud: The Steinsaltz Edition, vol. 1: Tractate Bava Metzia. Part 1’, by Adin Steinsaltz,” in Jacob Neusner, ed., Approaches to Ancient Judaism: New Series, vol. 2 (Atlanta: Scholars Press, 1990), 57-65; Emanuel Rackman, “Carved in Stone: Some Powerful Rabbis Won’t Accept New Talmud Interpretations,” The Jewish Week (22 February 1991): 31; and Chaim Rapoport, “On Publishing the Talmud in Translation and With New Commentaries,” Ohr Yisroel, vol. 13, no. 2 (December 2007): 53-88 (Hebrew).
  44. Israel Shenker, “Israeli Scholar Preparing New Edition of Talmud,” The New York Times (19 September 1971): 78. Professor Louis Finkelstein held a very different view on another aid to Talmudic study, a concordance of the Talmud. In that instance, he praised the work describing it as “important as the Dead Sea Scrolls,” because “except for the rare scholar” it was nearly impossible to identify parallel, and potentially related, Talmudic terms. Perhaps JTS sponsorship of the concordance may account for the different treatments of the two works. See Harry Gilroy, “Index to Talmud is Reported Half Finished,” The New York Times (1 April 1968): 42. As well, JTS was involved in the publication of the El Am Talmud. See Moses Eskolosky, “New Key to Talmud’s Treasure Trove,” The United Synagogue Review, vol. 18, no. 1 (July 1965): 14-17; and Elie Wiesel, “A Proposal on How to Learn Talmud with Children,” Forverts (22 September 1967): 2, 5 (Yiddish).
  45. Israel Shenker, “Responsa: The Law as Seen by Rabbis for 1,000 Years,” The New York Times (5 May 1975): 33, 61.
  46. Israel Shenker, “Hats Are Off to Kremlinologists, an Endangered Species in Era of Détente,” The New York Times (20 September 1974): 41, 77.
  47. Israel Shenker, “When a Patient’s Dreams Put Him to Sleep, He May Defy Analysis,” The New York Times (17 December 1976): 29.
  48. Israel Shenker, Coat of Many Colors: Pages from Jewish Life (Garden City, NY: Doubleday, 1985), 74.
  49. Moshe Feinstein, “Introduction,” in Iggerot Moshe, vol. 1 (New York: New York: Noble Book Press Corp., 1959), 3-4 (Hebrew).
  50. See also Tovia Preschel, “Profile of Rav Moshe Feinstein,” The Jewish Press (27 July 1962): 3; Emanuel Rackman, “Halachic Progress: Rabbi Moshe Feinstein’s Igrot Moshe on Even ha-Ezer,” Judaism: A Quarterly Journal, vol. 13, no. 3 (Summer 1964): 365-373; Aaron Kirschenbaum, “Rabbi Moshe Feinstein’s Responsa: A Major Halachic Event,” Judaism: A Quarterly Journal, vol. 15, no. 3 (Summer 1966): 364-373, available here; “Orthodox Jewish Leader Points To A Remedy For Today’s Many Problems,” The American Examiner (16 April 1970): 1-2; Marvin Schick, “Rabbi Moshe Feinstein: A Genius in Learning, Service and Loving Kindness,” The Long Island Jewish World (17 April 1986): 6-7; Harel Gordin, “Torah Sage of America: Rabbi Moses Feinstein,” in Benjamin Brown and Nissim Leon, eds., The Gedolim: Leaders Who Shaped the Israeli Haredi Jewry (Jerusalem: Magnes Press, 2017), 430-455 (Hebrew); and Aviad Hacohen, “Everything Is according to the American Custom: A New Custom for a New Country,” in Joseph Isaac Lifshitz, Naomi Feuchtwanger-Sarig, Simha Goldin, Jean Baumgarten, and Hasia Diner, eds., Minhagim: Custom and Practice in Jewish Life (Berlin: de Gruyter, 2019), 235-324, available here.
  51. Ira Wolfman, “Israel Shenker, A Jewish Writer, Sweet and Sour,” The Long Island Jewish World (24 July 1986): 16.
  52. Baruch Halpern, From Gods to God: The Dynamics of Iron Age Cosmologies (Tübingen: Mohr Siebeck, 2009), 7.
  53. Margalit Fox, “Israel Shenker, 82, a Reporter With the Instincts of a Scholar,” The New York Times (17 June 2007): 23.
  54. Ira Wolfman, “Israel Shenker, A Jewish Writer, Sweet and Sour,” The Long Island Jewish World (24 July 1986): 16.
  55. Israel Shenker, “In Wales, A Bookworm’s Holiday,” The New York Times (2 June 1985): 32.
  56. Israel Shenker, Words and Their Masters (Garden City, NY: Doubleday, 1974); Israel Shenker, Harmless Drudges: Wizards of Language: Ancient, Medieval, and Modern (Bronxville: Barnhardt, 1979).
  57. Israel Shenker, Following Tocqueville through Joyce’s Dublin (New York: Random House, 1972).
  58. Israel Shenker, In the Footsteps of Johnson and Boswell (Boston: Houghton Mifflin, 1984).
  59. Israel Shenker and Mary Shenker, As Good as Golda: The Warmth and Wisdom of Israel’s Prime Minister (New York: Random House, 1970).
  60. Yitzhak M. Shmueli, “A Cry of Alarm Concerning the New School of ‘Talmud Critics’!” Beys Yaakov, vol. 10, no. 4 [#116] (1969): 4-5 (Hebrew), available here, with translation in Appendix 1 below.
  61. See Shmuel Ashkenazi, Iggeret Shmuel, vol. 1 (Jerusalem, 2021), 404 (Hebrew), who subjects another article by “Rabbi Yitzhak M. Shmueli” to sustained critique, describing it as a conspiratorial construction lacking evidentiary support. Through close examination of manuscripts, historical context, and philological detail, Ashkenazi argues that Shmueli’s claim of deliberate textual manipulation for anti-Hasidic purposes is unsupported and rests on conjecture rather than demonstrable proof; see ibid., 401–404. The episode is instructive insofar as it illustrates a broader feature of Shmueli’s polemical style. Apart from this case, Shmueli published only a small number of additional essays on the same figure, most of which are similarly rhetorical and accusatory in tone rather than analytically substantiated; see Beys Yaakov, nos. 113–114 (September 1968): 28-30, 36 (Hebrew); and Beys Yaakov, nos. 160–161 (May 1973): 4-6 (Hebrew).
  62. David Weiss Halivni, Mekorot u-Mesorot: Seder Nashim (Tel-Aviv: Devir, 1969; Hebrew).
  63. Yitzhak M. Shmueli’s article against Halivni in Beys Yaakov constitutes an explicit counter-intervention to the laudatory presentation of David Weiss Halivni’s work published days earlier in Menashe Unger, “A Survivor of Auschwitz Creates a New Method in Talmudic Interpretation,” Der Tog (10 March 1969): 5-8 (Yiddish), translated below in Appendix 2. Unger’s review introduced Mekorot u-Mesorot to a broad Yiddish-reading public, highlighting Halivni’s Holocaust biography, his punctilious Orthodox observance, and, above all, his standing as a distinguished disciple of Professor Saul Lieberman. Framed in these terms, the article suggested that Halivni’s method warranted acceptance within Orthodox circles, treating Lieberman’s imprimatur and Halivni’s personal piety as sufficient markers of legitimacy. It is precisely this public strategy of legitimation, rather than the mere circulation of a scholarly monograph, that the Beys Yaakov article appears designed to contest.
  64. See, for example, the Dan Rabinowitz, “Between Authority and Inquiry: Beyond the Masthead of the Beys Yaakov Journal, 1923-1980 – Part 1,” The Seforim Blog (22 December 2025), available here.
  65. On this motif, see Zev Eleff and Menachem Butler, “Moses Mendelssohn and the Orthodox Mind,” The Lehrhaus (9 January 2017), available here; see, now, Yoav Schaefer, “Haskalah in Berlin: Moses Mendelssohn, Immanuel Kant, and the Foundations of Reform Judaism,” in Stanley M. Davids and Leah Hochman, eds., Re-forming Judaism: Moments of Disruption in Jewish Thought (New York: CCAR Press, 2023), 147-164.
  66. For a more differentiated historical account of Wissenschaft des Judentums and its complex relationship to modern biblical criticism, see Edward Breuer and Hanan Gafni, “Jewish Biblical Scholarship between Tradition and Innovation,” in Magne Sæbø, ed., Hebrew Bible-Old Testament, The History of Its Interpretation, vol. 3: From Modernism to Post-Modernism (The Nineteenth and Twentieth Centuries) (Göttingen: Vandenhoeck & Ruprecht, 2013), 262-303.These studies present a more differentiated genealogy than the schematic lineage invoked by Shmueli.
  67. David Weiss Halivni, “Talmud: Source Criticism,” Encyclopedia Britannica, vol. 21 (1963): 645, available here.
  68. For documentation of the 1957 Lehman Institute convocation inaugurating the Lehman Institute of Ethics, including Chief Justice Warren’s participation, contemporaneous press coverage, later recollections, and the subsequent circulation of talmudic self-incrimination discourse within Supreme Court circles, see Appendix 3 (“The 1957 Warren Convocation and the Circulation of Talmudic Self-Incrimination Discourse”).
  69. Aaron Rosmarin, An Answer (To the Polemic surrounding the Jewish Theological Seminary) (New York: 1943; Yiddish).
  70. Aaron Rosmarin, “Whither the Jewish Theological Seminary?” The Jewish Forum, vol. 17, no. 8 (September 1934): 239-246; Aaron Rosmarin, “Whither the Jewish Theological Seminary?” The Jewish Forum, vol. 17, no. 10 (November 1934): 315-319; Aaron Rosmarin, “Whither the Jewish Theological Seminary?” The Jewish Forum, vol. 18, no. 1 (January 1935): 6-8.
  71. Aaron Rosmarin, “‘Hold-up’ on Sukkot,” Der Tog (28 September 1934): 9 (Yiddish).
  72. Aaron Rosmarin, “American Jewry Awake,” The Jewish Spectator, vol. 4, no. 1 (November 1938): 18-21; Aaron Rosmarin, “Editorial: Missionaries in a Rabbinical Seminary,” The Jewish Spectator, vol. 7, no. 2 (December 1941): 4-5; Aaron Rosmarin, “Is The Jewish Theological Seminary of America Becoming A Den of Missionaries?” The Jewish Spectator, vol. 7, no. 3 (January 1942): 13-16; Aaron Rosmarin, “Editorial: ‘Honors’ for Dr. Finkelstein,” The Jewish Spectator, vol. 13, no. 2 (December 1947): 5; Louis Feinberg and Aaron Rosmarin, “Post-Scripts to the Finkelstein Controversy,” The Jewish Spectator, vol. 13, no. 4 (February 1948): 29-30.
  73. Dr. Aaron Rosmarin’s polemical posture is further complicated by the later fact that he refused to grant his wife a gett, a biographical episode that bears directly on the themes of halakhic coercion and moral accountability that animate his broader critique of rabbinic authority. See Marc B. Shapiro, “Saul Lieberman and his Ketubah, Driving on Shabbat, an Unusual Marriage Practice, Girls born on Friday, and More,” The Seforim Blog (28 January 2026), available here, and the forthcoming essay by Aviad Hacohen and Menachem Butler, “Trude Weiss-Rosmarin as a Philosopher of Halakhic Accountability: The Agunah Crisis and the Lieberman Clause in Postwar America,” which situates Weiss-Rosmarin’s polemic against rabbinic institutional impotence within the longer history of Orthodox–Conservative conflict over authority, jurisdiction, and moral responsibility in Jewish divorce law. Although Rosmarin’s anti-JTS campaign spanned more than a decade and generated a substantial polemical corpus across Yiddish and English venues, it has not yet been reconstructed systematically as an object of intellectual or institutional history; a full study of his sustained polemic against the Seminary remains a scholarly desideratum.
  74. For extended discussion of the Ḥazon Ish’s approach to manuscripts and textual emendation, see Moshe Bleich, “The Role of Manuscripts in Halakhic Decision-Making: Hazon Ish, His Precursors and Contemporaries,” Tradition: A Journal of Orthodox Jewish Thought, vol. 27, no. 2 (Winter 1993): 22-55; Benjamin Brown, “The Method of Study of the Ḥazon Ish in Contrast to the Approach of Critical Scholarship,” in The Ḥazon Ish: Halakhist, Believer and Leader of the Haredi Revolution (Jerusalem: Magnes Press, 2011), 384-397 (Hebrew); and Hannah Kehat, “Fortifying the Status of Torah in the Thought of the Ḥazon Ish,” in Aviad Hacohen, Yitzchak Avi Roness, and Menachem Butler, eds., Milḥemet Mitzvah, vol. 2: Religious Leadership and Halakhic Responsibility in the Military Service Debate (Cambridge, MA: The Institute for Jewish Research and Publications, 2025), 157-241.
  75. The Ḥazon Ish’s position will be analyzed in greater detail in our forthcoming article at The Seforim Blog.
  76. See David Golinkin, “Was Professor Saul Lieberman ‘Orthodox’ or ‘Conservative’?” The Seforim Blog (2 December 2014), available here; and Tuvia Preschel, “R. Saul Lieberman and His Scholarly Work,” in Ma’amarei Tuvia: Reshimot u-Ma’amarim, vol. 2 (Jerusalem: Mossad HaRav Kook, 2017), 155-56. Preschel’s study remains, to date, the most reliable biographical treatment of Lieberman, albeit partial. By contrast, Elijah J. Schochet and Solomon J. Spiro, Saul Lieberman: The Man and His Work (New York: Jewish Theological Seminary of America, 2005), authored by two of Lieberman’s students, fails to do justice to either the man or his scholarship. Despite its publication by an academic press, the volume is largely hagiographic in character, relying heavily on unverified anecdotes and making little effort to reconcile these with the historical record. The authors’ uncritical devotion to Lieberman results in significant apologetic distortion, aimed at rehabilitating his standing among his students and within segments of the Orthodox world. For a more balanced and methodologically rigorous analysis of Lieberman’s complex relationship with Orthodox Judaism, see Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton: University of Scranton Press, 2007).A comprehensive critical biography of Lieberman and a full assessment of his scholarly legacy remain a desideratum. For now, see the Festschriften for Saul Lieberman in ha-Doar, vol. 43, no. 23 (5 April 1963; Hebrew); Researches in Talmudic Literature in Honor of the Eightieth Birthday of Saul Lieberman (Jerusalem: Israel Academy of Sciences and Humanities, 1983), (Hebrew); Saul Lieberman Memorial Volume (Jerusalem: Israel Academy of Sciences, 1983; Hebrew); Saul Lieberman Memorial Volume, ed. Shamma Friedman (New York and Jerusalem: The Jewish Theological Seminary of America, 2005; Hebrew); Saul Lieberman (1898-1983): Talmudic Scholar, ed. Meir Lubetski (Lewiston: The Edwin Mellen Press, 2002), and see also Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York: The Jewish Theological Seminary of America, 2005), and Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton: University of Scranton Press, 2007).Professor Aviad Hacohen is at work on a biography of Professor Saul Lieberman; for now, see Aviad Hacohen, “Two Scholars Who Were in Our City: Correspondence between Saul Lieberman and Jacob David Abramsky,” ha-Tsofeh Literary Supplement (21 April 1984): 5 (Hebrew), available here; Aviad Hacohen, “Schlemiel, Schlimazel, and Nebbich: Letters from Saul Lieberman to Gershom and Fania Scholem,” Haaretz Literary Supplement (25 April 2000): H1 (Hebrew) , available here; Aviad Hacohen, “The Tannah from New York: A Selection of Professor Saul Lieberman’s Letters,” Jewish Studies, no. 42 (2003): 289-301 (Hebrew), available here; Aviad Hacohen, “Six Days and Seven Gates: Between Israeli President Izhak Navon and Professor Rabbi Saul Lieberman,” Oneg Shabbat (9 June 2023), available here; Aviad Hacohen, “Lieberman Kifshuto: Personal Letters Revealing the Sensitive and Playful Side of a Talmudic Genius, On the 40th Yahrzeit of Professor Saul Lieberman,” Makor Rishon, Sabbath Supplement, no. 1338: Parashat Tzav (31 March 2023): 8-11 (Hebrew), available here; Aviad Hacohen, “The Generation Did Not Appropriately and Duly Appreciate Mr. Schocken [Eulogy by Rabbi Prof. Saul Lieberman for Shlomo Zalman Schocken, March 1960],” Haaretz Literary Supplement (28 April 2024): 1 (Hebrew), available here; Aviad Hacohen, “The Story of the Rabbi Who Rejected the Maxim: ‘Torah Scholars Increase Peace in the World’,” Haaretz Literary Supplement (25 May 2023): 8 (Hebrew), available here; and Aviad Hacohen, “‘A Lithuanian Mind in Its Lithuanian Essence, From Volozhin to Jerusalem’: R. Shaul Lieberman’s Intellectual Kinship with the Legacy of Lithuanian Torah & Its Bearers,” in Martin S. Cohen, ed., Essays in Jewish Studies in Honor of Rabbi Prof. David Golinkin (Jerusalem: Schechter, 2025), 101-139 (Hebrew), available here.
  77. See Ari (Yitzchak) Chwat, “‘Hokhmat Yisrael in Its Holiness’: Rav Kook’s Vision for True Critical-Scientific Study,” Talelei Orot, vol. 13 (2007): 943-976 (Hebrew); and Ari (Yitzchak) Chwat, “Rabbi Kook’s Connections with Prof. Rabbi Saul Lieberman as a Model for His Attitude Towards Critical Torah Research,” Tzohar, vol. 35 (2009): 59-66 (Hebrew), among other sources.
  78. Aviad Hacohen, “‘A Lithuanian Mind in Its Lithuanian Essence, From Volozhin to Jerusalem’: Rabbi Shaul Lieberman’s Intellectual Kinship with the Legacy of Lithuanian Torah and Its Bearers,” in Martin S. Cohen, ed., Shir Ha-Ma’alot L’David: Essays in Jewish Studies in Honor of Rabbi Prof. David Golinkin (Jerusalem: Machon Schechter, 2025), 101-139, available here.
  79. Saul Lieberman, “Letter to S.A. HaLevi and the editors of ha-Pardes,” in Jehiel Jacob Weinberg, Kitvei ha-Gaon Rabbi Yehiel Ya’akov Weinberg, vol. 2, ed. Marc B. Shapiro (Scranton: University of Scranton Press, 2003), 449-450 (Hebrew).
  80. Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton: University of Scranton Press, 2006), esp. chs. 2-4.
  81. See Shmuel Glick and Menachem Katz, “‘A Threefold Cord’: On Saul Lieberman and His Relationship with the Hazon Ish and Jacob Nahum Epstein,” in Shmuel Glick, Evelyn M. Cohen, Angelo M. Piattelli, et al., eds., Meḥevah le-Menaḥem: Studies in Honor of Menahem Hayyim Schmelzer (Jerusalem: Schocken, 2019), 269-289 (Hebrew).
  82. David Weiss Halivni, “Talmud: Source Criticism,” Encyclopedia Britannica, vol. 21 (1963): 645, available here.
  83. See Ludwig Koehler and Walter Baumgartner, The Hebrew and Aramaic Lexicon of the Old Testament (Leiden: Brill, 1994), s.v. סער, סערה; cf. modern Hebrew dictionaries, s.v. שערוריה, which define the term as scandal, public outrage, or moral tumult.
  84. Koehler and Baumgartner, Hebrew and Aramaic Lexicon, s.v. תועבה (denoting what is religiously abhorrent, especially in contexts of idolatry or forbidden practice); s.v. שקץ (a detestable or ritually impure object, frequently in cultic contexts).
  85. See b. Menahot 29a, Rashi and Tosafot ad loc., s.v. Qotzo shel yod. For the modern afterlife of this rabbinic proverb, see Ben-Ami Feingold, “Kotzo Shel Yod: The Anatomy of a Satire,” Jerusalem Studies in Hebrew Literature, vol. 2 (1983): 73-103 (Hebrew); and Michael Stanislawski, For Whom Do I Toil? Judah Leib Gordon and the Crisis of Russian Jewry (New York: Oxford University Press, 1988), 125-128.
  86. See Yossef Fund, A Banner for Youngsters: The Agudat Israel Children’s Press (Jerusalem: Carmel, 2021), 67-71 (Hebrew).
  87. See Yossef Fund, Separation or Participation? Agudat Israel Confronting Zionism and the State of Israel (Jerusalem: Magnes, 2009; Hebrew); and Yossef Fund, Assemble Youngsters of Yehuda!: The Youth Movements of Agudat Israel (Jerusalem: Carmel, 2023; Hebrew).
  88. For a foundational analysis of the internal intellectual dialectic at JTS, between an elite philological-textual tradition and a more publicly engaged mode of scholarship oriented toward translating rabbinic learning into contemporary civic and ethical discourse, and for an account that explicitly situates Finkelstein’s mid-century initiatives within that institutional tension, see Jonathan D. Sarna, “Two Traditions of Seminary Scholarship,” in Jack Wertheimer, ed., Tradition Renewed: A History of the Jewish Theological Seminary, vol. 2: Beyond the Academy (New York: Jewish Theological Seminary of America, 1997), 54-80.
  89. See Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York: The Jewish Theological Seminary of America, 2005), 197-199.
  90. Letter quoted in Ibid., 197-198.
  91. Harvey E. Goldberg, “Becoming History: Perspectives on the Seminary Faculty at Mid‑Century,” in Jack Wertheimer, ed., Tradition Renewed: A History of the Jewish Theological Seminary, vol. 1: The Making of an Institution of Jewish Higher Learning (New York: The Jewish Theological Seminary of America, 1997), 355-437, esp. 371.
  92. Louis Finkelstein, “Earl Warren’s Inquiry into Talmudic Law,” in Earl Warren: The Chief Justiceship (Berkeley: The Regents of the University of California, 1977), 1-24, esp. 4-5, recalling Warren’s weekend at JTS and describing Saul Lieberman’s lecture on the talmudic prohibition of self-incrimination and its relevance to Anglo-American constitutional protections.
  93. For the address delivered by the event’s principal patron, emphasizing the civic and moral framing of the convocation, see Simon H. Rifkind, “The Law as a Moral Force,” The Reconstructionist, vol. 23, no. 13 (1 November 1957): 8-12; reprinted in full, including the complete opening remarks, in Simon H. Rifkind, One Man’s Word: Selected Works of Simon H. Rifkind, vol. 1, eds. Adam Bellow and William Keens (New York: Keens Co., 1986), 367-374. Rifkind opened: “The annual convocations of this institution of higher learning are always grand occasions. To this convocation, however, I should like to attribute special virtues. First, because it is graced by the presence of the Chief Justice of the United States, who is also the most beloved citizen of our land. Second, because of its theme, since it is dedicated to the concept of the ‘law as a moral force.’ I feel obliged to recite the traditional prayer of gratitude. She-heḥeyanu ve-kiyyemanu ve-higgiʿanu la-zeman ha-zeh.
  94. Richard Amper, “Warren Studies Talmudic Law Here,” The New York Times (14 September 1957): 1, 10, reporting that Chief Justice Earl Warren “enrolled” at the Jewish Theological Seminary for a three-day program on Jewish law and its contemporary relevance, including lectures by Louis Finkelstein and Saul Lieberman and Warren’s attendance at Sabbath services.
  95. Ibid.; and see Harvey E. Goldberg, “Becoming History: Perspectives on the Seminary Faculty at Mid‑Century,” in Jack Wertheimer, ed., Tradition Renewed: A History of the Jewish Theological Seminary, vol. 1: The Making of an Institution of Jewish Higher Learning (New York: The Jewish Theological Seminary of America, 1997), 355-437, esp. 371-372.
  96. “Truman, Chief Justice Warren Attend Jewish Seminary Lectures,” JTA Daily New Bulletin, vol. 24, no. 178 (16 September 1957): 4.
  97. For contextual discussion of the Warren-JTS episode as part of a broader mid-century encounter between American legal culture and Jewish studies, see Shira Billet, “Harry S. Truman’s Bible and Earl Warren’s Talmud: A Forgotten Story in the Encounter between American Law and Jewish Studies,” Dine Israel, vol. 38 (2024): 11*-36*, available here.
  98. The title of this lecture was noted in “To Discuss Moral Force,” New Jersey Jewish News (13 September 1957): 2, available here.
  99. Shalom Spiegel, Amos versus Amaziah: Address Delivered at the Jewish Theological Seminary of America Weekend Convocation on “Law as a Moral Force,” September 14, 1957 (New York: Jewish Theological Seminary of America, 1957).
  100. See also Harry S. Truman’s letter to Louis Finkelstein, Sept. 17, 1957, as found in the Library of the Jewish Theological Seminary of America, in which Truman wrote that he had long known Amos 7 “word for word” and added: “I wish you would tell that able and distinguished rabbi [Shalom Spiegel] that I have never had a more pleasant experience than listening to his lecture.” This letter is quoted in Shira Billet, “Harry S. Truman’s Bible and Earl Warren’s Talmud: A Forgotten Story in the Encounter between American Law and Jewish Studies,” Dine Israel, vol. 38 (2024): 11*-36*, esp. 12*n9, available here.
  101. “Earl Warren, Chief Justice of the Supreme Court, Studies Gemara at the Jewish Theological Seminary,” Der Tog (15 September 1957): 1-2 (Yiddish).
  102. See Hershel Schachter, MiPninei HaRav (Jerusalem: Flatbush Beth Hamedrosh, 2001), 223 (Hebrew), and then further in Hershel Schachter, “In a Court of Law, a Person Cannot Render Himself an Evildoer,” in Eretz ha-Tzvi (New York: The Michael Scharf Publication Trust of Yeshiva University Press, 1992), 237-240 (Hebrew). In an essay at The Seforim Blog, Yaacov Sasson notes that Lieberman’s reported explanation is difficult to square with Makkot 13b, which states explicitly that repentance does not absolve one from liability to capital punishment administered by an earthly court. He suggests a possible distinction between repentance prior to gmar din and repentance after sentencing, but stresses that such a harmonization is strained, departs from the plain sense of the sugya, and sits uneasily with the dominant trajectory of later halakhic interpretation. See Yaacov Sasson, “Gems from Rav Herzog’s Archive (Part 1 of 2): Giyus, Professor Lieberman and More,” The Seforim Blog (23 May 2018), available here.
  103. Newton M. Roemer, “Chief Justice Warren Studies Talmud,” New Jersey State Bar Journal, vol. 1, no. 1 (Fall 1957): 15.
  104. Norman Lamm, “The Fifth Amendment and Its Equivalent in the Halakha,” Judaism: A Quarterly Journal, vol. 5, no. 1 (Winter 1956): 53-59.
  105. Rabbi Norman Lamm’s engagement with Fifth Amendment discourse predates his 1956 essay and can already be traced in his public sermonic rhetoric during the height of McCarthy-era investigations. In 1954, the Springfield Union reported on a Sabbath sermon delivered by Lamm on the occasion of Albert Einstein’s seventy-fifth birthday, in which he praised Einstein’s resistance to Senator Joseph McCarthy and explicitly invoked the Fifth Amendment as a constitutional idiom of principled restraint under political pressure. The report describes Lamm’s interpretation of Einstein’s guarded response to congressional inquiry (“probably he was wrong”) as a lesson in the moral and civic meaning of the privilege against self-incrimination. See “Einstein’s Courage in Challenge to ‘Demagogue’ McCarthy Hailed,” Springfield Union (13 March 1954): 23.
  106. William O. Douglas to Norman Lamm, “Letter from Justice Douglas about Article on the Fifth Amendment and Halacha,” (19 March 1956), The Lamm Legacy, available here.
  107. Alan M. Dershowitz, Chutzpah (Boston: Little, Brown, 1991), 365 n.4, points that both Miranda v. Arizona, 86 S. Ct. 1602, 1619 n.27 (1966), and Garrity v. New Jersey, 87 S. Ct. 616, 627 n.5 (1967), cited Rabbi Norman Lamm’s article. In each instance the reference appears in a comparative-law footnote and serves an illustrative rather than doctrinal function. The citations demonstrate that Lamm’s argument was known to members of the Court and regarded as jurisprudentially suggestive, but they do not, standing alone, establish that halakhic doctrine exerted a determinative influence on the Court’s constitutional analysis.
  108. “Editorial: Grandpappy of the Fifth Amendment,” Wisconsin Jewish Chronicle (5 August 1966): 6.
  109. “Editorial: Jewish Law Revisited,” St. Louis Jewish Light (3 August 1966): 4.
  110. Aaron Kirschenbaum, Self-Incrimination in Jewish Law (New York: The Burning Bush Press, 1970).
  111. Specifically, to Arnold N. Enker and Sheldon H. Elsen, “Counsel for the Suspect: Massiah v. United States and Escobedo v. Illinois,” Minnesota Law Review, vol. 49, no. 1 (November 1964): 47-91.
  112. Ibid., 67n66, they cite Norman Lamm, “The Fifth Amendment and Its Equivalent in the Halakha,” Judaism: A Quarterly Journal, vol. 5, no. 1 (Winter 1956): 53-59. See the retrospective in Samuel J. Levine, “Rabbi Lamm, the Fifth Amendment, and Comparative Jewish Law,” Tradition: A Journal of Orthodox Jewish Thought, vol. 53, no. 3 (Summer 2021): 146-154.
  113. Yet his autobiographical account of those same years, when he was at JTS, makes no reference to Earl Warren’s 1957 visit, an omission that bears directly on the interpretive frame through which his work might otherwise plausibly be read. Aaron Kirschenbaum, Self-Incrimination in Jewish Law (New York: The Burning Bush Press, 1970), which emerged from the Seminary’s intellectual orbit, could easily be situated within the narrative of Warren’s celebrated encounter with rabbinic jurisprudence. Kirschenbaum himself, however, locates the origins of his interest elsewhere: in the political and legal pressures of the McCarthy era and in the contemporaneous moral salience of the Fifth Amendment privilege against self-incrimination. See Aaron Kirschenbaum, Autobiography (Tel Aviv: Olam Hadash, 2014), esp. 92 (Hebrew).

 




Between Authority and Inquiry: Beyond the Masthead of the Beys Yaakov Journal, 1923-1980 – Part 1

Between Authority and Inquiry:

Beyond the Masthead of the Beys Yaakov Journal, 1923-1980 – Part 1

by Dan Rabinowitz

In December 1961, the Israeli edition of Beys Yaakov, the educational journal of the Agudath Israel–affiliated school system, published an article that sits uneasily with standard accounts of Agudath Israel’s twentieth-century intellectual posture.[1] Issue 6 of its second year reprinted in full a study on the archaeological and halakhic problems surrounding the base of the Temple menorah.[2] The identity of the author is therefore institutionally consequential. Rabbi Dr. Yitzhak Isaac Halevi Herzog served as the Ashkenazi Chief Rabbi of Israel at the head of a state-established rabbinate whose claim to centralized religious authority Agudath Israel did not recognize, locating binding rabbinic authority instead in its own Moetset Gedolei HaTorah.[3] The unabridged publication of his work in an Agudah-affiliated journal thus draws attention to the editorial criteria and intellectual assumptions operative within Beys Yaakov. This decision was not anomalous. From its founding in interwar Poland through its postwar continuation in Israel, Beys Yaakov repeatedly engaged materials, methods, and voices that lay beyond the formal boundaries of Agudath Israel’s institutional authority.[4] The journal maintained clear Orthodox commitments, but it did not construe those commitments as requiring insulation from external scholarship or the suppression of internal disagreement.

Examining Beys Yaakov between 1923 and 1980 permits a reconstruction of an Orthodox public discourse that does not conform to models centered on withdrawal or uniform ideological consolidation.[5] Across decades and editorial regimes, the journal published women’s reflective writing, printed criticism of decisions taken by Agudath Israel’s own rabbinic leadership, and, in later years, employed scholarly analysis to interrogate elements of the modern State of Israel’s symbolic repertoire.[6] These practices were not episodic but structural, pointing to a sustained editorial orientation in which intellectual engagement operated as a constitutive element of Orthodox self-definition rather than as a deviation from it. While recent scholarship has rightly emphasized Agudath Israel’s institutional boundary maintenance and political separatism, as well as the culturally mediating role of the Beys Yaakov movement, attention to the Beys Yaakov Journal redirects analysis from ideology and leadership to editorial practice as a central site of Orthodox intellectual life.[7]

Polish Origins: Sara Schenirer and the Educational Crisis

Before World War I, Orthodox Jewish girls in much of Eastern Europe received little formal Jewish schooling.[8] Although rabbinic attitudes toward women’s Torah study had varied across periods and locales, prevailing practice in Polish Orthodox communities restricted instruction largely to domestic settings and to the transmission of basic laws, customs, and religious dispositions.[9]At the same time, access to secular schooling expanded steadily and was widely taken up. Girls often acquired fluency in Polish language and culture while lacking the textual and conceptual resources necessary to interpret or articulate their own religious tradition. By the interwar period, this asymmetry contributed to significant patterns of religious disengagement among Orthodox young women. Sara Schenirer understood this constellation of pressures from personal experience.

Born in 1883 into a Hasidic family in Kraków, Schenirer was exposed to modern culture while remaining committed to religious life. She concluded that Orthodox women required systematic Jewish education not as enrichment but as a condition of religious continuity. In her view, inherited modes of informal instruction no longer sufficed in a social environment shaped by compulsory schooling, expanding public culture, and women’s economic participation. Early efforts to address the problem through youth circles and informal study groups proved inadequate. In 1917, Schenirer therefore turned to formal education, beginning with a small class for girls in her apartment. The initiative expanded rapidly. By 1923, the Agudath Israel movement formally adopted the schools, recognizing both the scale of the educational crisis and the effectiveness of Schenirer’s response. What began as a local experiment thus became an institutional project with transnational reach.[10]

Orthodox anxieties surrounding girls’ education crystallized around the erosion of communal control over women’s intellectual trajectories, particularly with respect to access to higher education. The emergence of Beys Yaakov must therefore be understood not only as an educational response to religious disengagement, but also as part of a broader effort to redirect female intellectual aspiration into institutionally supervised and religiously authorized forms.[11]

From the outset, the Beys Yaakov system was conceived not merely as a network of schools but as a cultural intervention. It aimed to reshape how Orthodox girls understood their position within Jewish life, public society, and the transmission of religious knowledge. This ambition required not only curricula and classrooms but also a medium capable of addressing students beyond the school setting and articulating a shared intellectual and moral framework. That medium soon took the form of a journal.

Friedenson and the Power of Print

Eliezer Gershon Friedenson understood that the success of the Beys Yaakov project depended not only on the establishment of schools but on the creation of a discursive environment capable of sustaining religious commitment amid rapid social change. From his first encounter with Sara Schenirer in 1923, Friedenson recognized that girls’ education required a medium that could operate beyond the classroom, address readers as reflective subjects, and articulate a shared intellectual vocabulary for Orthodox womanhood. The Beys Yaakov Journal, first published in June 1923, was conceived to meet precisely this need.[12] Recent scholarship has emphasized that the institutionalization of Beys Yaakov under Agudath Israel after 1923 marked a decisive transformation of the movement.[13] This period coincided with the professionalization and rapid expansion of the school network under the direction of Dr. Leo (Samuel) Deutschländer, whose training and pedagogical outlook drew on German Neo-Orthodox models that emphasized professional instruction, curricular coherence, and engagement with general culture. It also marked the movement’s absorption into Agudath Israel’s organizational framework, without full capitulation to its separatist educational norms.[14] Friedenson’s journal should be understood as part of this same process. It functioned as a centralizing instrument that helped standardize pedagogical assumptions, circulate ideological norms, and integrate disparate local initiatives into a coherent movement culture.[15]

Beys Yaakov, Issue 1, 1923

The Beys Yaakov journal’s masthead articulated its mission succinctly: an Orthodox periodical devoted to religious thought among Jewish women and girls and to the question of girls’ education in the spirit of Torah and tradition. Its choice of Yiddish situated the journal within established Orthodox linguistic practice while also enabling broad accessibility across regional and social boundaries.[16] At the same time, its format, regular publication schedule, and thematic range reflected contemporary print culture rather than traditional rabbinic genres. Schenirer herself repeatedly underscored the journal’s importance, urging that it circulate “in every corner in which a heart beats,” a formulation that framed readership not as passive consumption but as emotional and moral participation in a shared undertaking. Naomi Seidman has characterized Beys Yaakov as a “revolution in the name of tradition,” in which innovation was articulated as preservation rather than rupture.[17] The journal exemplified this logic. While anchored in Orthodox commitments, it systematically adopted literary and discursive forms – essays, poetry, autobiographical reflection, and historical narrative – that had little precedent in traditional frameworks of women’s religious instruction. These genres did not function merely as stylistic embellishments or pedagogical supplements; they reconfigured the educational encounter itself. By foregrounding narrative voice, affective experience, and historical self-placement, the journal addressed its readers as reflective subjects whose relationship to Jewish tradition was neither automatic nor self-evident, but required deliberate cultivation. In this way, Beys Yaakov treated Orthodox girls not simply as future wives and mothers charged with transmission, but as moral and intellectual agents whose commitment depended on sustained engagement, interpretation, and identification with the tradition they were being asked to inhabit.

From its earliest issues, the journal’s contents extended well beyond internal school news or institutional announcements, indicating that it was not conceived merely as an administrative organ of the school system. It published essays on Jewish women in history, profiles of literary and cultural figures, poetry, and original creative writing, genres that invited readers to situate themselves within broader historical and cultural narratives. Sara Schenirer’s own Torah commentaries appeared regularly and were incorporated into classroom instruction, further collapsing the distinction between pedagogical text and public religious discourse. In this way, the journal functioned simultaneously as a curricular supplement and an autonomous intellectual forum, shaping religious sensibility less through formal instruction or prescriptive norms than through sustained exposure, interpretive engagement, and processes of identification.

The journal’s use of literary, historical, and reflective genres was not an idiosyncratic editorial choice but emerged from the ideological landscape in which Beys Yaakov took shape. Interwar Orthodoxy in Poland was marked by unresolved tensions between Neo-Orthodox educational models, particularly Torah im derekh erets, and increasingly separatist ultra-Orthodox positions that emphasized cultural insulation. The Beys Yaakov movement developed at the intersection of these currents, selectively appropriating Neo-Orthodox pedagogical forms while operating under the institutional aegis of Agudath Israel.[18] Although the school system ultimately aligned with Agudath Israel’s organizational framework, the journal retained elements of this hybrid inheritance. Its openness to cultural reference, historical inquiry, and literary expression parallels developments in other Orthodox women’s initiatives, most notably the Lithuanian Bet Jakob, which likewise employed periodicals to cultivate modern Orthodox female subjectivity within a religious framework rather than to enforce ideological retrenchment.

Friedenson’s achievement lay not simply in founding a journal, but in identifying print culture as a form of religious infrastructure capable of sustaining Orthodox life under modern conditions. The Beys Yaakov Journal did not merely disseminate information about the movement; it produced a shared intellectual space in which Orthodox women encountered tradition as an object of study, interpretation, and appropriation rather than as an unexamined inheritance. By habituating readers to engagement through narrative, reflection, and cultural reference, the journal established patterns of reading and response that later enabled it, under different editors and in changing historical contexts, to address contested questions, incorporate external scholarship, and even publish internal critique without relinquishing institutional loyalty or doctrinal commitment.

Surveying the Inner Lives of Orthodox Girls

One of the most consequential features of the Beys Yaakov journal was its adoption of empirical and introspective methods to inform educational practice. In 1926, for example, the editors published an “urgent appeal” arguing that effective religious education required systematic knowledge of students’ personalities, aspirations, and emotional lives.[19] Rather than relying on teacher reports or ideological presuppositions, the journal solicited responses directly from its readership and published them verbatim, deferring editorial interpretation to subsequent issues.

First Survey, Beys Yaakov, 1926

The 1926 survey posed five questions:

  1. What does the child want to be when they grow up?
  2. Whom does the child love more, their father or their mother?
  3. Which subjects does the child most enjoy studying (for example, languages or history)?
  4. What does the child most enjoy reading?
  5. In which language does the child prefer to read?

These questions reflect a distinct set of pedagogical assumptions. They treated future orientation, emotional preference, and cultural consumption as legitimate objects of educational inquiry rather than as private or extraneous matters. The first question acknowledged that girls might imagine futures extending beyond domestic roles. The second redirected attention from normative family hierarchy to affective relationships. The remaining questions presupposed familiarity with secular subjects, varied reading practices, and multilingual environments, thereby situating Orthodox girls within the broader cultural landscape of interwar Poland rather than insulating them from it.

A second survey, published in 1931, expanded both the scope and the stakes of this inquiry.[20] It asked whether girls were satisfied with their education; what professions they hoped to pursue; whether they anticipated wage labor or exclusive domestic responsibility; how they related to nonreligious Jews, including within ideologically divided families; and whom they regarded as confidants, parents or peers. Additional questions addressed leisure practices and aesthetic interests, including music, art, and dance. Taken together, these questions treated social integration, emotional authority, and cultural participation as variables relevant to religious education.

Second Survey, Beys Yaakov, 1932

Respondents were permitted to answer under their own names or under pseudonyms. The journal printed their responses in full,[21] without prior selection or accompanying commentary. The range of answers was wide. Some affirmed conventional expectations, while others articulated positions that departed from them. One respondent endorsed women’s economic independence, arguing that “a woman must be concerned with her own destiny exactly as a man is.”[22] Others reported greater trust in peers than in parents, explaining that “parents today don’t understand their children.”[23] Several described attending concerts or cultivating artistic interests. The editor praised the responses as evidence of the respondents’ intelligence and noted that some articulated “brilliant ideas.” The editor explicitly rejected claims made in “a long letter” asserting that polls were meaningless and that social questions should not be discussed publicly. By contrast, the editor’s only regret was the limited number of responses received.[24]

First Responses, Beys Yaakov, Issue 81

Second Responses & Editor’s Note, Beys Yaakov, Issue 83

This procedure marked a significant departure from prevailing Orthodox educational discourse. Female students were addressed not as objects of instruction but as sources of knowledge about their own religious and social experience. Their voices were presented without mediation by teachers, administrators, or male authorities. The journal thus treated subjective experience as data relevant to institutional decision-making. Even in secular Yiddish educational and research circles, which acknowledged the importance of understanding Jewish youth, gender was rarely treated as an analytic category, and women’s experiences were largely subsumed under male norms.[25] While comparable survey-based approaches to women’s lives would later become common in mid-twentieth-century social research, Beys Yaakov employed them within an Orthodox framework decades earlier, integrating empirical attention to women’s inner lives into a religious educational project rather than positioning such inquiry in opposition to it.

Challenging Authority: The Palestine Certificate Controversy

The journal’s willingness to engage contested questions extended beyond pedagogy to matters of institutional authority. This is evident in its response to the distribution of immigration certificates to Palestine in 1934. When Agudath Israel secured a limited allotment of certificates and allocated them exclusively to men, the Beys Yaakov journal devoted its front page to a critical response under the headline drawn from the biblical verse “Tenu La’anu Achuzah!” (“Grant Us Our Rightful Portion!”; Num. 27:4).[26]

“Give Us our Portion,” Beys Yaakov, 1934

The significance of this intervention lies not only in its substance but in its institutional setting. The Beys Yaakov schools operated under Agudath Israel’s auspices, and the movement’s leadership exercised formal control over the journal’s publisher. Publishing a front-page critique of a policy associated with the Gerrer Rebbe, one of the central rabbinic authorities within Agudath Israel, placed the journal in direct tension with the leadership structures on which it depended. This episode contrasts sharply with the centralized and crisis-driven leadership culture described by Yossef Fund in his study of Agudath Israel during the Holocaust years.[27]

The article, signed by Rochel Bas Tovim, likely a pseudonym,[28] did not frame its claims in the language of contemporary feminist movements, which it explicitly rejected as incompatible with Judaism. Instead, it grounded its argument in canonical sources, invoking the biblical daughters of Tzelofchad, who appealed for inheritance rights within the framework of Torah law. The author contended that women’s exclusion from the allocation of certificates represented not a preservation of tradition but a departure from it, insofar as it denied women claims recognized within the scriptural tradition itself. The critique thus operated on two levels. Substantively, it challenged a concrete policy decision with immediate consequences for women’s lives. Formally, it modeled a mode of argument in which institutional authority could be questioned through textual reasoning rather than ideological opposition. The article neither denied rabbinic authority nor asserted autonomous rights external to halakhic discourse. Its challenge was internal, drawing on shared sources and categories to dispute the manner in which authority had been exercised.

This episode illustrates the journal’s broader editorial posture. It did not treat institutional loyalty as incompatible with critique, nor did it equate obedience with silence. By providing space for a reasoned challenge to Agudath Israel’s own leadership, framed entirely within traditional discourse, the Beys Yaakov Journal demonstrated that boundary crossing could occur not only in relation to secular culture or academic knowledge but also within Orthodoxy’s own structures of authority.

Israeli Resurrection: Moshe Prager and Postwar Transformation

The destruction of the Polish Beys Yaakov system during the Holocaust brought the journal’s original trajectory to an end. Eliezer Gershon Friedenson was murdered, and the institutional network that had sustained the movement in Eastern Europe ceased to exist. When the Beys Yaakov journal reappeared in Israel after the war, it did so under markedly different conditions and new editorial leadership. The journal was revived by Moshe Prager, a journalist and historian whose work focused on Orthodox life during the Shoah and its aftermath.[29] Under Prager’s editorship, Beys Yaakov retained its formal affiliation with the movement while undergoing a redefinition of scope and audience. It no longer addressed girls and women exclusively. Men increasingly appeared among both contributors and intended readers, and the range of subjects expanded to include Holocaust memory, Orthodox historiography, and contemporary Israeli society. These shifts reflected both the altered demographic realities of postwar Orthodoxy and Prager’s own intellectual preoccupations.

At the same time, the journal’s engagement with sources and methods beyond Agudath Israel’s institutional boundaries became more explicit and systematic. Issues from this period regularly included discussions of secular scholarship, historical research, archaeology, and European culture. Such materials were not presented as authoritative in themselves but were framed through editorial commentary that situated them in relation to Orthodox commitments. The result was neither rejection nor uncritical adoption, but sustained engagement shaped by religious criteria. A review of surviving issues from Prager’s tenure indicates that this orientation was not confined to isolated contributions; rather, it structured the journal’s content across genres, including essays, book reviews, historical reflections, and responses to contemporary events. The editorial stance was consistent: readers were introduced to ideas and figures beyond the Agudah orbit, while the journal retained control over framing and evaluation.

Under Prager’s leadership, Beys Yaakov was thus transformed from a movement-centered educational periodical into a broader Orthodox intellectual forum, without severing its institutional ties or abandoning its religious orientation. Although the postwar journal differed markedly from its Polish predecessor in subject matter and audience, it continued to operate according to an editorial logic already present in the interwar period: engagement with the surrounding intellectual world as a component of Orthodox self-understanding rather than as a concession to external authority.

Art, Archaeology, and Cultural Engagement

The journal’s engagement with material beyond conventional religious genres extended to the domain of visual art, where aesthetic production was treated as a legitimate object of religious interpretation rather than as a neutral cultural sphere. In 1969, Beys Yaakov devoted an entire issue to Rembrandt on the three-hundredth anniversary of his death, placing one of his paintings on the cover and asserting the Jewish identity of the figure depicted.[30] The editor described Rembrandt as among the hasidei ummot ha-olam and argued that his work captured the tzurah ha-Yehudit (Jewish character).[31] This framing did not present Rembrandt as a canonical figure of European high culture to be admired at a distance, nor as an external influence to be resisted. Rather, the journal appropriated his work into a Jewish interpretive framework, reading it as part of a historical and religious conversation to which Orthodox readers could lay claim. In doing so, Beys Yaakov treated visual art not as a threat to religious integrity but as a site in which meaning could be evaluated, contested, and re-situated within Jewish historical consciousness.

Rembrandt Issue, Beys Yaakov, 117

Archaeology received similar treatment. In a public exchange with Yigael Yadin, Prager engaged archaeological scholarship directly, acknowledging findings that reinforced halakhic continuity while contesting Yadin’s symbolic and practical interpretation of Masada, particularly where it entailed the desacralization of the site and the normalization of Sabbath violation.[32] These responses neither rejected archaeological inquiry nor deferred to it as an independent authority. Instead, archaeological evidence was incorporated selectively and evaluated in relation to textual tradition and halakhic categories.

Such treatments assumed an audience capable of engaging visual and historical material critically rather than passively. Cultural artifacts and scholarly claims were presented as objects of analysis and judgment, not as threats requiring avoidance. In this respect, the journal extended to art and archaeology the same editorial logic evident elsewhere: engagement framed by religious criteria, with interpretive authority retained by the journal rather than ceded to external disciplines.

The Herzog Article in Context

Read against the journal’s established editorial practice, the 1961 publication of Chief Rabbi Dr. Yitzhak Isaac Halevi Herzog’s article on the Temple menorah appears not as an exception but as a coherent extension of its editorial logic.[33] Herzog’s training combined advanced rabbinic learning with formal academic methods, a mode of scholarship that Beys Yaakov had repeatedly presented to its readership as an object of analysis rather than emulation. The article was neither commissioned for the journal nor modified to conform to its institutional priorities. It was reproduced in full from an academic festschrift honoring Sally Mayer, an Italian Jewish communal leader, philanthropist, and Zionist activist rather than a rabbinic authority. The volume focused on Italian Jewish history and culture and brought together contributors from across denominational lines in recognition of civic and intellectual contribution rather than religious office.

R. Herzog, Menorah, Beys Yaakov, 19, 1960

The subject of Herzog’s study further clarifies its original placement. The menorah depicted on the Arch of Titus in Rome occupies a central position in the historical memory of Roman and Italian Jewry, standing at the intersection of archaeological evidence, rabbinic tradition, and the symbolic legacy of exile. Herzog addressed this object through close comparison of textual and material sources, treating their divergence as a problem for interpretation rather than as grounds for dismissal. Such an approach aligns with the commemorative orientation of the Mayer volume, which foregrounded Jewish cultural and historical life beyond rabbinic authority structures. By reprinting the article without alteration and preserving its original scholarly context, the Beys Yaakov Journal framed academic Jewish scholarship as a legitimate object of Orthodox engagement while retaining control over its evaluation.

R. Herzog Original Article

Title Page, Scritti in Memoria Di Sally Mayer

Prager’s editorial handling of the article maintained its scholarly form without incorporating it into the journal’s institutional voice. The text was reproduced in full, without excerpting or interpretive gloss, and its original scholarly setting was left intact rather than explicitly affirmed or disavowed. In this way, academic Jewish scholarship was presented as material available for Orthodox consideration, while the institutional and ideological frameworks in which it had been produced were neither adopted nor contested.

Herzog’s study addressed a problem long recognized in both rabbinic and scholarly literature: the divergence between classical rabbinic descriptions of the Temple menorah and its representation on the Arch of Titus. The Roman relief depicts the menorah resting on a solid, multi-sided base adorned with ornamental motifs, whereas rabbinic sources describe a three-legged stand and explicitly exclude foreign imagery. Herzog did not resolve this discrepancy by dismissing the archaeological evidence as polemical, nor by subordinating it automatically to textual tradition. Instead, he treated the divergence itself as the object of analysis, placing halakhic sources and material evidence into direct comparison in order to account for their coexistence while preserving the distinct authority of each. This approach neither insulated tradition from external evidence nor deferred to archaeological reconstruction as determinative.

The article’s presentation was shaped as much by editorial framing as by its scholarly argument. The cover reproduced the menorah from the Arch of Titus beneath the caption “The Menorah, a Symbol of Jewish Eternity,” and the editors appended a subtitle that posed a pointed question: “Is the menorah, the symbol of the state, sacred?” These visual and textual elements placed Herzog’s study within a contemporary Israeli symbolic register, directing readers to consider its implications for modern political and religious meaning rather than treating it solely as a technical or antiquarian inquiry.

Cover, Beys Yaakov, 19, 1960

By 1961, the State of Israel had adopted the Arch of Titus menorah as its official emblem, reappropriating a Roman triumphal image associated with destruction and exile as a marker of national sovereignty. As Steven Fine has shown, this choice reflected a form of civic symbolism that drew on ancient material culture to construct a shared national iconography while bracketing explicit theological commitments.[34] By foregrounding Herzog’s study under the subtitle “Is the menorah, the symbol of the state, sacred?”, the Beys Yaakov Journal explicitly juxtaposed this civic appropriation with rabbinic conceptions of the Temple menorah. What might otherwise have remained a discussion of archaeological form and halakhic sources was thereby reframed as an inquiry into the religious status of a state symbol. In doing so, the journal subjected Israel’s central emblem to halakhic and historical evaluation, engaging civil iconography as an object of scrutiny rather than affirmation and declining to concede interpretive authority over Jewish symbols to the secular state.[35]

The journal further marked institutional boundaries through its use of honorifics. Chief Rabbi Herzog, who died in 1959, was designated ז״ל (zikhrono livrakha), the conventional formula for the deceased, rather than זצ״ל (zekher tzaddik livrakha), which in Orthodox usage signals recognized rabbinic authority. This choice acknowledged Herzog’s scholarly standing while withholding the modes of recognition through which the journal conferred religious authority, thereby separating the act of reprinting his article from any affirmation of the Chief Rabbinate he represented.[36]

Considered together, the visual reproduction of the Arch of Titus menorah, the explicit questioning of state symbolism, and the calibrated use of honorific language make visible the journal’s editorial procedure. Beys Yaakov crossed cultural and institutional boundaries while retaining control over framing and evaluation. Attention to such devices is therefore necessary for understanding how the journal accommodated intellectual engagement without erasing its own institutional distinctions.

 

Conclusion

The history of the Beys Yaakov journal complicates historiographical models that describe twentieth-century Orthodoxy primarily in terms of withdrawal, boundary consolidation, or epistemic closure. Without minimizing Orthodox resistance to secularization or the expansion of separatist institutions, this study has identified a parallel mode of Orthodox self-articulation in which engagement with external knowledge, cultural forms, and even rival institutions functioned as a means of maintaining religious authority rather than undermining it. The journal did not treat engagement as a value in itself or as a concession to modernity, but as a regulated practice embedded within Orthodox commitments. Attention to editorial procedure, rather than ideological declaration alone, makes visible how Orthodoxy could preserve institutional coherence while remaining responsive to changing social and cultural conditions.

Across its Polish and Israeli phases, Beys Yaakov operated according to a consistent editorial logic that cut across differences of context, audience, and leadership. In interwar Poland, the journal treated the subjective experiences of Orthodox girls as legitimate sources of knowledge, employing surveys and verbatim publication to inform educational practice and to recalibrate assumptions about women’s religious lives. It provided space for critique of Agudath Israel’s own leadership while grounding dissent in canonical texts and shared interpretive categories. In postwar Israel, the journal incorporated academic scholarship, archaeology, European art, and historiography into its pages, neither excluding these domains nor conceding interpretive authority to them. The unabridged publication of Herzog’s study of the Temple menorah – framed through visual cues, honorific distinctions, and explicit questioning of state symbolism – represents the most explicit articulation of this approach: engagement that expanded the scope of inquiry while retaining Orthodox criteria of judgment.

These practices do not support an interpretation of Beys Yaakov as a covertly liberal or proto-modernizing institution. The journal consistently reaffirmed halakhic authority, institutional loyalty, and skepticism toward secular ideologies and state claims to religious legitimacy. Its significance lies instead in the forms of engagement it authorized: empirical attention to women’s lives, critique conducted within Orthodox institutional structures, and sustained interaction with scholarly and cultural materials under religious supervision. In this respect, the journal’s trajectory parallels patterns identified by Ada Gebel in her study of Agudath-affiliated workers’ institutions, even as it complicates the political narrative of Orthodox separatism emphasized by Daniel Mahla. More broadly, the case of Beys Yaakov underscores the importance of women’s education as a site of Orthodox intellectual experimentation. Positioned outside the structures of male rabbinic authority yet committed to religious continuity, the movement developed pedagogical and editorial practices unavailable within yeshiva contexts. Taken together, these findings call for a more differentiated account of Orthodox intellectual history – one attentive to genre, audience, and institutional location, and resistant to reducing diverse Orthodox responses to modernity to a single trajectory. Rather than asking whether Orthodoxy engaged modernity, the evidence points to a more precise question: under what institutional conditions, and through which mediating forms, was engagement understood as a means of sustaining tradition?

* I would like to thank Menachem Butler for his editorial assistance and plethora of sources.

  1. See, inter alia, Daniel Mahla, Orthodox Judaism and the Politics of Religion: From Prewar Europe to the State of Israel (Cambridge: Cambridge University Press, 2020), esp. chapters 1-3; and Yossef Fund, A Movement in Ruins: Agudat Israel’s Leadership Confronting the Holocaust (Jerusalem: Magnes Press, 2008; Hebrew). For a contrasting emphasis on cultural mediation within the Beys Yaakov movement, see Naomi Seidman, Sarah Schenirer and the Bais Yaakov Movement: A Revolution in the Name of Tradition (London: Littman Library, 2019).
    For prior analyses of the Journal, see Joanna Lisek, “Orthodox Yiddishism in Beys Yakov Magazine in the Context of Religious Jewish Feminism in Poland,” in Andrzej Katny, Izabela Olszewska, Aleksandra Twardowska, eds., Ashkenazim and Sephardim: A European Perspective (Frankfurt am Main: Peter Lang, 2013), 127-154; Abraham Atkin, “The Beth Jacob Movement in Poland (1917-1939),” (PhD Dissertation, Yeshiva University, 1959), esp. 99-111; Seidman, Sarah Schenirer, passim.
    Nearly all extant issues of the Beys Yaakov Journal are accessible in digital reproduction. Issues published in interwar Poland are available through The Beys Yaakov Project at the University of Toronto, while postwar Israeli issues are available via Hebrewbooks.org. The availability of these materials in searchable digital format has enabled systematic analysis across decades of publication, including comparison of editorial practices, thematic emphases, and modes of engagement under differing institutional and historical conditions. On behalf of the readers of the Seforim blog, the author gratefully acknowledges the individuals and institutions whose efforts made these digital resources possible.
  2. Yitzhak Isaac Halevi Herzog, “On the Form of the Menorah on the Arch of Titus: Is the Menorah, the Symbol of the State, Sacred?” Beys Yaakov, vol. 2, no. 6 (December 1961): 3 (Hebrew), reprinted from Yitzhak Isaac Halevi Herzog, “The Menorah of the Arch of Titus,” in Umberto Nahon, ed., Scritti in memoria di Sally Mayer (Jerusalem: Sally Mayer Foundation, 1956), 95-98 (Hebrew).
  3. On Herzog’s conception of the Chief Rabbinate as a centralized locus of religious and legal authority, and on the principled rejection of this claim by non-Zionist Orthodoxy, see Alexander Kaye, “Modernizing the Chief Rabbinate,” in The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford: Oxford University Press, 2020), 99-121, 205-211, who shows that Agudath Israel consistently refused to recognize the Chief Rabbinate – both in Mandatory Palestine and after 1948 – as a legitimate arbiter of binding rabbinic authority, maintaining instead that such authority resided in independent rabbinic councils, above all its own Moetset Gedolei HaTorah. For the broader political and institutional consequences of this stance within early Israeli Orthodoxy, see also Daniel Mahla, “Emerging Israeli Milieus,” in Orthodox Judaism and the Politics of Religion: From Prewar Europe to the State of Israel (Cambridge: Cambridge University Press, 2020), 159-185, 252-259.
  4. For the interwar journal’s scope and editorial practices, see Seidman, Sarah Schenirer, esp. chap. 5.
  5. For historiographical models emphasizing Orthodox withdrawal, ideological consolidation, and boundary hardening in the modern period, see Jacob Katz, Tradition and Crisis: Jewish Society at the End of the Middle Ages, trans. Bernard Dov Cooperman (New York: NYU Press, 1993); Aviezer Ravitzky, Messianism, Zionism, and Jewish Religious Radicalism, trans. Michael Swirsky and Jonathan Chipman (Chicago: University of Chicago Press, 1996), esp. chaps. 1-2; and Daniel Mahla, Orthodox Judaism and the Politics of Religion: From Prewar Europe to the State of Israel (Cambridge: Cambridge University Press, 2020).
  6. On women’s reflective writing and surveys, see below, “Surveying the Inner Lives of Orthodox Girls”; on critique of Agudath Israel’s leadership, see below, “Challenging Authority: The Palestine Certificate Controversy”; on engagement with state symbolism and scholarship, see below, “The Herzog Article in Context.”
  7. On Agudath Israel’s political separatism and institutional boundary maintenance, see Mahla, Orthodox Judaism and the Politics of Religion. On the Beys Yaakov movement as a site of cultural mediation within Orthodoxy, see Seidman, Sarah Schenirer. For contrasting evidence of flexibility within Agudath-affiliated institutions, see Ada Gebel, The Agudat Yisrael Workers Movement in Eretz Israel, 1933-1939 (Jerusalem: Yad Izhak Ben-Zvi, 2017; Hebrew).
  8. Shaul Stampfer emphasizes the distinction between formal schooling and overall levels of education, cautioning against equating the relative absence of institutional frameworks for girls with intellectual illiteracy or lack of religious knowledge. See Shaul Stampfer, “Gender Differentiation and the Education of Jewish Women,” in Families, Rabbis and Education: Traditional Jewish Society in Nineteenth-Century Eastern Europe (Oxford: Littman Library, 2014), 167-190. On the persistence of the stereotype of female educational deprivation and its historiographical consequences, see also Iris Parush, Reading Jewish Women: Marginality and Modernization in Nineteenth-Century Eastern European Jewish Society (Waltham, MA: Brandeis University Press, 2004).
  9. On the history of the controversy over girls’ education, see Rachel Manekin, “Something Totally New: The Development of the Idea of Religious Education for Girls in the Modern Period,” Massekhet, vol. 2 (2004): 63-85 (Hebrew), available here; Rachel Manekin, “Torah Education for Girls in the Interwar Bais Yaakov School System: A Re-Examination,” Zion, vol. 88, no. 2 (2023): 219-262 (Hebrew), available here; and see also Rachel Manekin and Charles (Bezalel) Manekin, “The Hafetz Hayyim’s Statement on Teaching Torah to Girls in Likutei Halakhot: Literary and Historical Context,” The Seforim Blog (27 May 2020), available here.
  10. For a recent biography, see Naomi Seidman, Sarah Schenirer and the Bais Yaakov Movement: A Revolution in the Name of Tradition (London: Littman Library, 2019).
  11. Rachel Manekin, “From Anna Kluger to Sarah Schenirer: Women’s Education in Kraków and Its Discontents,” Jewish History, vol. 33, no. 1-2 (March 2020): 29-59, available here; and see also Rachel Manekin, “The Cracow Bais Yaakov Teachers’ Seminary and Sarah Schenirer: A View from a Seminarian’s Diary,” Jewish Quarterly Review, vol. 112, no. 3 (Summer 2022): 546-588, available here.
  12. Friedenson self-published a single preliminary issue in June 1923, which included contributions by Sara Schenirer and Yehudah Leib Orlean; see Abraham Atkin, “The Beth Jacob Movement in Poland (1917-1939),” (PhD Dissertation, Yeshiva University, 1959), 100; Joanna Lisek, “Orthodox Yiddishism in Beys Yakov Magazine in the Context of Religious Jewish Feminism in Poland,” 133. The journal’s official publication, however, began with the issue of Tishrei 5684 (September 1923); see Seidman, Sarah Schenirer, 111.
  13. See Seidman, Sarah Schenirer, 111-112; Mahla, Orthodox Judaism and the Politics of Religion.
  14. On the post-1923 institutional consolidation of Beys Yaakov under Agudath Israel, the central role of professional educators such as Leo (Samuel) Deutschländer, and the movement’s mediation between German Neo-Orthodox pedagogical models and the separatist educational norms of East European ultra-Orthodoxy, see Iris Brown (Hoizman), “At the Centre of Two Revolutions: Beit Ya’akov in Poland between Neo-Orthodoxy and Ultra-Orthodoxy,” in François Guesnet, et al., eds., Jewish Religious Life in Poland since 1750 [=Polin, vol. 33] (London: Littman Library, 2021), 339-369, available here.
  15. See Seidman, Sarah Schenirer, 112-204.
  16. See Joanna Lisek, “Orthodox Yiddishism in Beys Yakov Magazine in the Context of Religious Jewish Feminism in Poland,” 147-152; and Naomi Seidman, Sarah Schenirer, 181-185. From issue 3 through 1929, the journal included a Polish-language supplement titled Wschód, which was later discontinued. On the factors contributing to the supplement’s demise, see Lisek, “Orthodox Yiddishism,” 133-134. A single additional Polish-language supplement appeared in 1936, devoted to combating rising antisemitism and addressing prevailing anti-Jewish stereotypes; see ibid., 134.
  17. For an extended analysis of the use of modern print culture, literary genres, and affective address in the formation of Orthodox female subjectivity within the Beys Yaakov movement, see Naomi Seidman, Sarah Schenirer and the Bais Yaakov Movement: A Revolution in the Name of Tradition (London: Littman Library, 2019). Seidman analyzes journals, letters, autobiographical writing, and didactic essays as media that positioned girls and women as interpretive and ethical agents, capable of reflection, identification, and disciplined self-understanding. A central element of her argument is that Beys Yaakov articulated pedagogical and institutional change through idioms of continuity, presenting new educational forms and media practices as legitimate extensions of inherited religious norms rather than as departures from them. This analytic framework is essential for understanding how the movement integrated print, emotional discourse, and modes of self-articulation into an Orthodox educational setting.
  18. On the educational and ideological legacies of Torah im derekh erets within Polish Orthodox women’s education, and the selective adaptation of Neo-Orthodox pedagogical forms within Agudath Israel-affiliated institutions, see Iris Brown (Hoizman), “At the Centre of Two Revolutions: Beit Ya’akov in Poland between Neo-Orthodoxy and Ultra-Orthodoxy,” in François Guesnet, et al., eds., Jewish Religious Life in Poland since 1750 [=Polin, vol. 33] (London: Littman Library, 2021), 339-369, available here. On the role of journals and print culture in shaping Orthodox female identity, aspirations, and religious agency within Lithuanian Bet Jakob, see Tzipora Weinberg, “Toward a Modern Conception of Orthodox Womanhood: The Case of Lithuanian Bet Jakob,” in Marcin Wodziński, Shaul Stampfer, and Lara Lempertienė, eds., Jewish Religious Life in Lithuania in the 18th-20th Centuries (Leiden: Brill, 2025), 146-174.
  19. Beys Yaakov, no. 3 (June 1926): 84-85 (Yiddish), available here. Seideman incorrectly references this issue as appearing in 1924. Seidman, Sarah Schenirer, 122 and “Bibliography,” 409.
  20. Beys Yaakov, no. 77 (October 1931): 1 (Yiddish), available here. Despite the 1926 survey, Journal refers to the 1931 as the first. Seidman, Sarah Schenirer, 122.
  21. Beys Yaakov, no. 81 (January 1932): 16-17 (Yiddish), available here; and Beys Yaakov, no. 83 (March 1932): 13 (Yiddish), available here.
  22. Beys Yaakov, no. 83 (March 1932): 13 (Yiddish), available here.
  23. Beys Yaakov, no. 81 (January 1932): 17 (Yiddish), available here.
  24. Beys Yaakov, no. 83 (March 1932): 13 (Yiddish), available here.
  25. See Gershon Bacon, “Woman? Youth? Jew? – The Search for Identity of Jewish Young Women in Interwar Poland,” in Judith Tydor Baumel and Tova Cohen, eds., Gender, Place and Memory in the Modern Jewish Experience (London: Vallentine Mitchell, 2003), 3-28, esp. 4, available here; Gershon Bacon, “The Missing 52 Percent: Research on Jewish Women in Interwar Poland and Its Implications for Holocaust Studies,” in Dalia Ofer and Lenore J. Weitzman, eds., Women in the Holocaust (New Haven: Yale University Press, 1999), 55-67, available here. As Bacon demonstrates, even pioneering secular Yiddish research initiatives, including the YIVO youth autobiography collections and Max Weinreich’s sociological studies, recognized the importance of understanding Jewish youth while largely treating male experience as normative and leaving women’s voices analytically unthematized. Women appear in these corpora primarily as raw material rather than as a category of inquiry in their own right. Against this backdrop, the Beys Yaakov journal’s solicitation and verbatim publication of girls’ self-reports represents an unusual case in which women’s subjective experience was not merely documented but operationalized within an institutional educational framework.
  26. Beys Yaakov, no. 120 (November 1934): 1 (Yiddish), available here. See Seidman, Sarah Schenirer, 177-179.
  27. Yossef Fund, A Movement in Ruins: Agudat Israel’s Leadership Confronting the Holocaust (Jerusalem: Magnes Press, 2008; Hebrew).
  28. See Seidman, Sarah Schenirer, 178n90.
  29. Moshe Prager was a leading Orthodox journalist and historian whose work focused on the destruction of European Orthodoxy during the Shoah and the religious meaning of catastrophe in its aftermath. His writing combined documentary impulse with commemorative and theological reflection. For a collection of essays and memorial writings on the destruction of Polish Jewry and the spiritual legacy of Hasidic and yeshiva worlds, see Moshe Prager, Min ha-Meitzar Karati (Jerusalem: Mosad ha-Rav Kook, 1959; Hebrew), especially the introductory essays on Orthodox Holocaust memory; and for a selection in English translation in Moshe Prager, Sparks of Glory (Jerusalem, 1974), 210-213; and for his role on the Orthodox press in interwar Poland, see Moshe Prager, “When Hasidism of Ger Became Newsmen,” in Lucy S. Dawidowicz, ed., The Golden Tradition: Jewish Life and Thought in Eastern Europe (New York: Holt, Rinehart and Winston, 1967), 210-213, and for an account of Prager’s journalistic career and editorial leadership, see Tovia Preschel, “Profile of Moshe Prager,” The Jewish Press (21 April 1972): 41, translated and reprinted in Tovia Preschel, Ma’amarei Tovia, vol. 8 (Jerusalem: Mosad ha-Rav Kook, 2025), 528-530.
  30. Beys Yaakov, no. 117 (January 1969; Hebrew), available here.
  31. “Editor’s Note,” Beys Yaakov, no. 117 (January 1969): 2 (Hebrew). One article in the same issue concludes with a poem explicitly praising Rembrandt for capturing the depth and inwardness of the Jewish gaze (ibid., 17). This mode of Jewish cultural appropriation of Rembrandt belongs to a longer interpretive genealogy, ranging from nineteenth-century apologetic readings to late-twentieth- and twenty-first-century art-historical and museological reassessments. For recent synthetic treatments, see Mirjam Knotter and Gary Schwartz, eds., Rembrandt Seen Through Jewish Eyes: The Artist’s Meaning to Jews from His Time to Ours (Amsterdam: Amsterdam University Press, 2024); and the earlier demythologizing intervention in Mirjam Alexander-Knotter, Jasper Hillegers, and Edward van Voolen, The Jewish Rembrandt: The Myth Unravelled (Amsterdam: Jewish Historical Museum, 2006).An illuminating intermediate case appears in the work of the sculptor and novelist Avram Melnikoff (1892-1960), a former Jewish Legion officer and later a London-based portrait sculptor, whose writings offer a rare glimpse into an early Zionist-spiritual reception of Rembrandt. In a 1935 essay published in The London Jewish Chronicle following the death of Rabbi Abraham Isaac Kook, Melnikoff recounts a conversation that took place during Rav Kook’s wartime exile in London during World War I. The exchange was prompted by Melnikoff’s professional unease with the biblical prohibition against “graven images,” which he understood as having profoundly shaped the historical limits and possibilities of Jewish art. Melnikoff thus approached Rav Kook with a halakhic query as to whether rabbinic tradition permitted, under any conditions, the practice of sculpture by Jews. Rav Kook replied by citing a rabbinic principle according to which image-making is permitted when the work is deliberately imperfect or maimed. Melnikoff responded with irony, remarking that his own sculpture must therefore be kosher precisely because it fell so far short of perfection, a comment that, he recalls, elicited Rav Kook’s warm laughter. It is at this point that Melnikoff introduces Rembrandt. Rav Kook told him:

    “When I lived in London I used to visit the National Gallery, and my favourite pictures were those of Rembrandt. I really think that Rembrandt was a tzaddik. Do you know that when I first saw Rembrandt’s works, they reminded me of the legend about the creation of light? We are told that when God created light, it was so strong and pellucid that one could see from one end of the world to the other, but God was afraid that the wicked might abuse it. What did He do? He reserved that light for the righteous when the Messiah should come. But now and then there are great men who are blessed and privileged to see it. I think that Rembrandt was one of them, and the light in his pictures is the very light that was originally created by God Almighty.”

    This intuitive and homiletic reading of Rav Kook’s attitude toward art was subsequently taken up and given systematic halakhic and philosophical form by Rabbi David Avraham Spektor (1955-2013), a Dutch-born rabbi educated at Yeshivat Merkaz Harav and among the first religious-Zionist thinkers to treat art as a sustained field of halakhic inquiry. In Art in the Teachings of Rav Kook (Jerusalem: Ministry of Education, Culture and Sport, Religious Education Administration, 2001; Hebrew), Spektor reconstructs Rav Kook’s scattered remarks on art, aesthetics, creativity, and imagination across responsa, letters, notebooks, and published essays, arguing that Rav Kook understood artistic creation as a legitimate and even necessary expression of the divine image in humanity, so long as it remained oriented toward spiritual elevation rather than aesthetic autonomy for its own sake. He further shows that Rav Kook did not regard art merely as a tolerated concession to modernity, but as a domain through which latent spiritual forces within the nation could be revealed and disciplined. This interpretive framework was later translated into practical halakhic categories in Rabbi David Avraham Spektor, Shuʾt Omanut: Responsa and Abridged Halakhic Rulings in the Fields of Art, Graphic Design, and Computers (Jerusalem: Erez, 2003; Hebrew), which addresses concrete questions concerning sculpture, figurative representation, theater, visual media, and digital technologies. Taken together, Rabbi Spektor’s works mark a decisive shift from Rav Kook’s lyrical and metaphysical idiom to a jurisprudential effort to normalize artistic production within halakhic discourse. For further discussion, see Dan Rabinowitz and Menachem Butler, “The Halakhic Status of Illustrated Sifrei Kodesh: History, Practice, and Methodology,” forthcoming at The Seforim Blog.

  32. See Moshe Prager, “What Is Masada: An Archaeological Site or a Symbol for the Jewish Tradition?” Beys Yaakov, no. 135-136 (February 1971): 7-10 (Hebrew), available here, a published open letter addressed to Prof. Yigael Yadin responding to his archaeological and public policies regarding Masada, including the operation of the cable car on Shabbat. Prager accepts the evidentiary value of Yadin’s archaeological discoveries – especially where they corroborate halakhic continuity – while rejecting the transformation of Masada into a desacralized national monument detached from religious norms. See also Haim Zalman Dimitrovsky, “Masada,” Conservative Judaism, vol. 22, no. 2 (Winter 1968): 36-47, available here; and Nachman Ben Yehuda, The Masada Myth: Collective Memory and Mythmaking in Israel (Madison: University of Wisconsin Press, 1995).
  33. Yitzhak Isaac Halevi Herzog, “On the Form of the Menorah on the Arch of Titus: Is the Menorah, the Symbol of the State, Sacred?” Beys Yaakov, vol. 2, no. 6 (December 1961): 3 (Hebrew), reprinted from Yitzhak Isaac Halevi Herzog, “The Menorah of the Arch of Titus,” in Umberto Nahon, ed., Scritti in memoria di Sally Mayer (Jerusalem: Sally Mayer Foundation, 1956), 95-98 (Hebrew).
  34. On the emergence of the menorah as a central Zionist visual symbol, see Alec Mishory, Lo and Behold: Zionist Icons and Visual Symbols in Israeli Culture (Tel Aviv: Am Oved, 2000), 138-164 (Hebrew); and on the deliberations surrounding the adoption of the Arch of Titus menorah for the state emblem, see Alec Mishory, “The Menorah and the Olive Branches: The Design Process of the National Emblem of the State of Israel,” in Yael Israeli, ed., In the Light of the Menorah: Story of a Symbol (Jerusalem: The Israel Museum, 1999), 16-23; and, more recently, for a longue-durée analysis of the menorah’s transformation from Temple object to Roman trophy to modern Israeli national symbol, see Steven Fine, The Menorah: From the Bible to Modern Israel (Cambridge, MA: Harvard University Press, 2016).
  35. On the adoption of the Arch of Titus menorah as the emblem of the State of Israel and its role in the construction of Israeli civil iconography, see Steven Fine, “Creating a National Symbol,” in The Menorah: From the Bible to Modern Israel (Cambridge, MA: Harvard University Press, 2016), 134-162, 242, who situates the choice of the Arch menorah within a broader process of state formation, in which ancient material culture was redeployed to produce a shared civic symbol that could command wide consensus while bracketing explicit theological claims. He also documents contemporary aesthetic, cultural, and rabbinic objections to the emblem, including Herzog’s sustained critique of the menorah’s base and iconography, and analyzes the menorah’s function as a state symbol that invokes Jewish tradition while re-signifying it in secular-national terms.
  36. On the Chief Rabbinate as a contested locus of religious authority, and on Agudath Israel’s principled refusal to recognize its claims to centralized rabbinic legitimacy, see Alexander Kaye, “Modernizing the Chief Rabbinate,” in The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford: Oxford University Press, 2020), 99-121, 205-211. As Kaye shows, Agudath Israel consistently treated the Chief Rabbinate not merely as a rival institution but as an illegitimate reconfiguration of rabbinic authority grounded in state power rather than communal consent or halakhic hierarchy. The journal’s calibrated use of honorifics should be read against this background, as a micro-level editorial practice that registers non-recognition of the Rabbinate’s authority without polemical confrontation

 




New volume of Mekhilta Journal Announcement

New volume of Mekhilta Journal Announcement

By Eliezer Brodt

מכילתא, כתב עת לתורה ולחכמה, רעדיאל ברויאר, יעקב ישראל סטל ומשה דוד צציק (עורכים), גליון ב, כסלו תשפא, 323 עמודים

Volume two of the new Journal Mekhilta just came out. Similar to the first issue it has an all-star lineup of writers on great topics.

Copies of this volume are available for purchase through me (while the limited edition lasts) and will help support the efforts of the Seforim Blog. Contact me at Eliezerbrodt@gmail.com

For sample pages contact me at the above email.

Copies of the first issue are still available.

Here is the Table of contents of the new volume.




New Journal Announcement: Mekhilta

New Journal Announcement

By Eliezer Brodt

מכילתא, כתב עת לתורה ולחכמה, ריואל בינדר, עדיאל ברויאר, יעקב ישראל סטל ומשה דוד צציק (עורכים), גליון א, כסלו תשפ, 364 עמודים

A new Journal just came out tonight called Mekhilta. The volume begins with their mission statement and will be published biannually.

The first issue has an all-star lineup of writers on great topics. Some of the writers are Professor Simcha Emanuel & Rabbi Yakov Stahl (on the Minhag of saying Pitum Haketoros); I have written about both of them in the past (here and here).

Some less familiar names are Rabbi Leibish Weiss, (see here for an article of his on the blog) and Rabbi Moshe Hillel. Readers might be familiar with Hillel’s various recent works (printed in limited editions) on some forged works, including Megilat Kuzin and Agudat Shmuel (on the strange Hagahot found in many editions of Rashi on Nach) or his excellent work Ohel Ram on the Gerer Rebbe’s seforim library.

Another article is authored by Rabbi Adiel Breuer on the Hachi Garsinan Talmud site. Rabbi Adiel is well known for his expertise and writings dealing with Geonica and Rishonim.

Another article worth a shout out is from an old friend Rabbi Mordechai Honig. In this article, Honig reviews another friend’s recent incredible work, Rabbi Yakov Stahl’s NaHagu BiYisroel on various Minhaghim related to the Daled Minim. The book draws on an extremely wide range of sources including archeological material and includes one hundred and seventeen pictures. [Copies of this work are still available for purchase.]

The longest article in this volume (178 pp.) is from Rabbi Yosef Avivi and deals with the authorship and authenticity of the famous work Kol HaTor attributed to the Gra. Avivi is famous for numerous masterpieces. Worth mentioning is his most recent four-volume work on Rav Kook where he demonstrated a new way to read R’ Kook (showing him to be even greater than he was thought to be up until now) and his very special three volume work mapping out the Arizal’s Kabbalah.

A few years ago, I heard from some friends that Avivi had an unpublished work on the subject of the Kol HaTor and I hoped that it would see the light of day. This work is included in this new journal. Academics and scholars have been debating this book heavily over the years; just a few months ago Professor Emanuel Etkes authored a work on the subject. It’s written in Avivi’s unique style and will surely generate discussion and debates just as his other works have done. Its timing is perfect as yet again the academic world is busy with the Gra this year as it’s the three hundredth year from his birth. I am aware of three conventions dedicated to him so far.

Copies of this volume are available for purchase through me (while the limited edition lasts) and will help support the efforts of the Seforim Blog. Contact me at Eliezerbrodt@gmail.com

Here is the Table of contents of the new journal.




Message from Professor Haym Soloveitchik

In the newly-published issue of the Jewish Quartlerly Review (Spring 109:2), there is an exchange between Robert Brody and Haym Soloveitchik on the “Third Yeshivah of Bavel” (https://muse.jhu.edu/issue/40354). Professor Soloveitchik’s reply is in two parts: Part I in JQR and the continuation–Part II– on his website.<haymsoloveitchik.org>. At the conclusion of  his reply in JQR, he refers the readers to Part II on his website: “Those interested in my replies to all of Brody’s other objections can turn to my website, haym.soloveitchik.org, and click on Reply to Brody, Part II.” There is a typographical error in the name of the website. There is no period between <haym> and<soloveitchik>. The correct address is: <haymsoloveitchik.org>.



Conservative Conversions, Some Grammatical Points, and a Newly Published Section of a Letter from R. Joseph B. Soloveitchik

Conservative Conversions, Some Grammatical Points, and a Newly Published Section of a Letter from R. Joseph B. Soloveitchik

Marc B. Shapiro

 
1. Since I mentioned R. Ovadiah Hoffman in the last post, I would be remiss in not noting that he and his brother, R. Yissachar Dov, recently published volume 4 of Ha-Mashbir, devoted to R. Ovadiah Yosef. It can be purchased here.
The volume contains a previously unpublished letter by R. Ovadiah Yosef that I provided, dealing with a rabbi who improperly converted people. It also contains a number of other noteworthy sections, such as R. Ovadiah’s notes to R. Ben Zion Uziel’s Mishpetei Uziel, talmudic notes from R. Uziel published from manuscript, R. Meir Mazuz’s notes to R. Ovadiah’s Yehaveh Da’at, and many valuable articles by contemporary Torah scholars, including the editors. Of particular interest to me was R. Yissachar Dov Hoffman’s article on the practice of a number of great Torah sages of prior generations not to kiss their children. Such a practice is so much against the contemporary mindset of what is regarded as healthy that, as R. Hoffman notes, even a Satmar rabbi, R. Israel David Harfenes, has stated that “in our time it is forbidden to follow this path” (p. 293).
Apropos of the above-mentioned responsum on conversion by R. Ovadiah Yosef, in Beit Hillel, Adar 5770, R. Yisrael Meir Yonah deals with a conversion done by a Conservative beit din. He rules that in this particular case the conversion is valid. This ruling was affirmed by R. Ovadiah.In his responsum, R. Yonah states that R. Moses Feinstein regarded Conservative conversions as doubtful conversions rather than completely invalid, and brought two supposed proofs for this. I responded to R. Yonah in Beit Hillel 43 (Heshvan 5770), and you can see my letter here.[1]

To his credit, R. Yonah acknowledged that he was mistaken in his reading of R. Feinstein’s responsum.[2] It is also the case, as I mention in my letter, that it is possible that a conversion done by a Conservative rabbi, especially from years ago, could be halakhically valid. R. Feinstein himself, who wrote very strongly against Conservative conversions, also writes about such a conversion: כמעט ברור שאין עושין הגרות כדין. The word כמעט shows us that even R. Moshe recognized that there are times when a Conservative conversion can be halakhically valid. In Mesorat Moshe, vol. 1, p. 327, we see as well that R. Moshe acknowledged the possibility that a Conservative conversion could be valid:
אולי יש להסתפק דאפשר לא היו ב”ד של פסולים, דיש אנשים, בעצם דתיים ומאמינים, שמחמת דוחק פרנסה מקבלים משרה כרבנים אצלם, ואפילו אם למדו בסמינר שלהם, אולי בעצמו כן מאמין. ולפיכך למעשה, אם זה אפשר לברר, תבררו. ואם קשה לברר, אז אולי שייך להגיד השערה, שאם זה בכפר או עיר רחוק מעיקר ישוב היהדות הדתי מסתמא אין להסתפק, בוודאי אינו כלום. ואם זה בעיר שיש בו ישוב דתי, נו, אזי כן יש ספק.
I also know someone who offers eyewitness testimony that R. Moshe did not think that every Conservative conversion could be voided without investigation, especially as this would mean that women married to these converts would then be able to remarry without a get. R. Moshe was not willing to go this far.
Similarly, R. Ovadiah Yosef, when asked about a Conservative conversion, replied that before giving a ruling it was necessary to find out which Conservative rabbi did the conversion, “since the Conservatives are not all alike.”[3]
R. Ovadiah was also asked about a woman who had become religious and was interested in going out with a kohen for the purpose of marriage. The problem was that she had slept with a man whose mother was converted by a Conservative rabbi. This man’s family was somewhat traditional as they kept kosher, made kiddush, and lit Shabbat candles. Could the woman in question marry a kohen, which is forbidden if she had slept with a non-Jew? The answer to this question depends on the status of the man whose mother was converted by a Conservative rabbi. If the conversion was invalid then the man was also to be regarded as a non-Jew, and the woman we are discussing, who slept with this man, would be forbidden to a kohen.
R. Ovadiah replied that the woman could marry a kohen, which means that be-diavad he accepted the Conservative conversion. He gave this ruling without even seeking further knowledge about the particular rabbi who did the conversion under question, which appears to me to be an incredible leniency. In seeking to explain this ruling, R. Yehudah Naki writes, “We see that they observed some mitzvot, so be-diavad there is more room to be lenient, at least not to forbid others” (that is, to forbid the woman from marrying the kohen).[4]
As mentioned, R. Ovadiah accepted R. Yonah’s pesak that a particular conversion carried out by a Conservative beit din was valid. In this case, the daughter of a woman who had been converted wished to marry a kohen. This would only be allowed if the daughter was born Jewish, meaning that everything depended on the status of her mother’s conversion. Here is how R. Yonah described this particular Conservative beit din.[5]
ובירורים שעשינו בנ”ד התברר לנו שב”ד הזה שגיירוה, הם אנשים שנקראים וידועים כשומרי תורה ומצוות, ובעצם הם אורטודוכסים, וגם הגיור שעשו, ע”פ כל החקירות ודרישות שעשיתי, הקפידו בכל הדברים כולם, הן בטבילה, חציצה וכו’ וכו’, הן בקבלת מצות, ולימודי יהדות קודם הגיור, לא פחות ואולי יותר, מהרבה בתי דינים אחרים שנחשבים לחרדיים. וא”כ אין כל סיבה לפע”ד לפסול גיור זה.
Here is R. Ovadiah’s affirmation of R. Yonah’s pesak, from Beit Hillel, Adar 5770, p. 60.

That a Conservative conversion might be valid also appears to be assumed by R. Mordechai Eliyahu. This is what he writes in his Ma’amar Mordechai, vol. 2, Even ha-Ezer, no. 16:
ובענין הגר שנתגייר אצל הקונסרבטיבים והוא אינו שומר תורה ומצוות, והיה לכם ספק אם אפשר לכתוב שם יהודי שניתן לו, שם שלא השתמש בו מעולם, או לכתוב בן אאע”ה. נראה לי, מאחר וכל עצם נתינת הגט של אדם זה הוא לחומרא ולא מדינא, כי מי אמר שגרותו – גרות, וגיוריהם של הרבנים הקונסרבטיבים – גיור . . .
R. Eliyahu does not say that there is absolutely no reason for a get when dealing with a Conservative conversion. Rather, he refers to it as a humra. Also, note how he states, “who says that his conversion was a [valid] conversion?” This is the language of safek. He does not say, “certainly his conversion was invalid.”[6]
2. In a previous post here I mentioned a few common pronunciation mistakes in Kiddush. There is one more that I would like to mention, but it is a little more complicated than the ones I previous noted. In the Friday night kiddush we say כי הוא יום תחלה למקראי קודש. Where is one supposed to put the accent in the word למקראי? If you look at ArtScroll you find that it puts the accent on the penultimate syllable, the ר. However, Koren and most of the other siddurim I checked put the accent on the final syllable, the א.
I don’t know why this should be a matter of dispute, because the Torah itself uses the expression מקראי קודש three times (Lev. 23:2, 4, 37), and in every case the accent in מקראי is on the final syllable.[7] The Yom Tov morning kiddush also begins: אלה מועדי ה’ מקראי קודש. For some reason ArtScroll is not consistent, and in this case it puts the accent in מקראי on the א.
After my last post someone emailed me pointing out that another “common mistake” is that in Birkat ha-Mazon, in the second paragraph, people say נודה לך putting the accent on the first syllable instead of the second. In fact, the tune for Birkat ha-Mazon that American children are taught at schools around the country has the word נודה recited with the accent on the first syllable. Should we now start teaching all the children differently, so that they pronounce נודה with the accent on the second syllable which is how ArtScroll, Koren, and almost all the other siddurim have it?
Actually, this matter is not clear at all. I say this because if you open up a Tanakh to Psalms 79:13 and look at the words נודה לך you will find different versions. Some have the word נודה with the accent on the final syllable and others have the accent on the first syllable. The Aleppo Codex has the accent on the first syllable and puts a dagesh in the ל of לך. Although the practice of American children (and adults) pronouncing the word נודה with the accent on the first syllable has nothing to do with the Aleppo Codex, the fact that this pronunciation appears in such an important source means that there is no reason to change how the children are taught. However, this creates a problem because in the Amidah, in Modim, we say נודה לך ונספר תהלתך. If we are going to recite נודה of Birkat ha-Mazon with the accent on the first syllable, then we should be consistent and do the same thing in the Amidah, in ברוך ה’ לעולם in ma’ariv: נודה לך לעולם, and also in the so-called “Three-Faceted Blessing” (ברכה מעין שלש – Al ha-Mihyah): ונודה לך על הארץ.
Speaking of consistency, in Birkat ha-Mazon, the Amidah, ברוך ה’ לעולם, and the Three-Faceted Blessing, both the regular ArtScroll siddur and Koren have the accent in נודה on the final syllable. However, in the Amidah, ברוך ה’ לעולם, and the Three-Faceted-Blessing they both place a dagesh in the ל of ונודה לך and נודה לך, but do not place a dagesh in the ל of נודה לך in Birkat ha-Mazon. This makes no sense. If there is a dagesh in one there must be a dagesh in all of them. (In the Hebrew-only ArtScroll siddur they also put a dagesh in the in the ל of נודה לך in Birkat ha-Mazon.)
I think it is a mistake for ArtScroll and Koren to place a dagesh in לך in any of these instances. Since no exception with נודה לך is found in Tanakh, the only reason there would be a dagesh in לך is if the word נודה has the accent on the first syllable, as in the Aleppo Codex (and unlike what appears in ArtScroll and Koren), or if there is a makef between the two words.[8]
Regarding the word נודה, it is worth noting that in Ein Ke-loheinu there is no question that נודה is to be read with the accent on the final syllable (as the matter of where to put the accent in נודה only concerns the phrase נודה לך). Here is an example where the common tune, which puts the accent on the first syllable, cannot be defended grammatically.
I noticed two mistakes in the regular ArtScroll siddur which appear correctly in Koren. In the morning blessings we say אשר נתן לשכוי בינה. Where is the accent in the word לשכוי? ArtScroll puts the accent on the final syllable, and Koren puts the accent on the penultimate syllable, on the ש. Koren is correct as there is an explicit verse in Job 38:36: מי נתן לשכוי בינה. If you look at the trop on this verse you will find that the accent in לשכוי is on the penultimate syllable. Interestingly, in the Hebrew-only ArtScroll siddur they get this right.
The other mistake is that in Birkat ha-Mazon on Sukkot we say:
הרחמן הוא יקים לנו את סכת דויד הנופלת
ArtScroll puts a kamatz under the פ in הנופלת. Koren puts a segol and that is correct. We see this from the appearance of the word in Amos 9:11, and there is no change of vowel even on the etnahta.[9]
I also found an example where ArtScroll gets it right and Koren is mistaken. In ma’ariv, in the paragraph ואמונה כל זאת, we say העושה לנו נסים. Koren has העושה with the accent on the final syllable and the ל of לנו with a dagesh. Yet this doesn’t work. For there to be a dagesh in the ל, the prior word, העושה, has to have the accent on the penultimate syllable, which is how it appears in ArtScroll.
Another example where ArtScroll gets it right and Koren gets it wrong is in the morning blessings where we say שעשה לי כל צרכי. Koren puts the accent in שעשה on the final syllable. Yet this is a mistake, and as is correctly found in ArtScroll the accent is on the penultimate syllable, the ע.
Since I have been speaking about the ArtScroll siddur, let me add a couple of comments about the Yom Kippur Machzor. Here is how Shema Kolenu appears in my copy of the Yom Kippur Machzor (p. 596).

The instructions tell us that “the first six verses of the following prayer are recited responsively, chazzan then congregation.” The problem is that I have never seen a synagogue that says the verses beginning אמרינו and אל תעזבנו responsively. What all these synagogues do is say the following four verses responsively:
שמע קולנו
השיבנו
אל תשליכנו מלפניך
אל תשליכנו לעת זקנה
In my experience, not only does no one say the verses beginning אמרינו and אל תעזבנו responsively, but they don’t say יהיו לרצון quietly either.
The text recorded by ArtScroll is the one found in many old Ashkenazic machzorim. So when and how were אמרינו and אל תעזבנו dropped from the responsive reading, or is it that from the beginning they were not included? As for יהיו לרצון, the old machzorim do not indicate that this is said quietly, so was there ever a tradition to recite it quietly or is ArtScroll simply trying to make sense of a verse that is found in the Machzor but no longer appears to be recited? If יהיו לרצון was originally part of the public reading, we again have to ask, why was it dropped?
Recognizing the problem, in the new edition of the ArtScroll machzor they made a change.
As you can see, אל תעזבנו has now been pushed to the next paragraph. We are also instructed that both אמרינו and יהיו לרצון are to be said quietly. Yet this doesn’t seem to make any sense, as those who are reciting Shema Kolenu responsively will not be saying these verses quietly. And again, I ask, is there any real tradition that these verses are to be said quietly, or is this something made up by people in an attempt to keep the traditional text of the Machzor while dealing with the fact that these verses are not part of the responsive reading? Unfortunately, when updating the Machzor, ArtScroll did not correct the instructions which still refer to the “first six verses” as being recited responsively, when instead it should say the “following four verses”.
Here is how Koren has the prayer.
This version, which puts אמרינו and יהיו לרצון before the final verse, is also attested to in prior machzorim, though the order found in ArtScroll appears to be the older version.To sum up, I am not sure what the best path for ArtScroll would have been. On the one hand, they could have adopted the version found in Koren, which solves all the problems. Keeping what appears to be the more authentic version, which they did, also makes sense, but then they were forced to add the instructions that certain verses are to be said silently. I have checked numerous old machzorim and there is no indication that these verses are to be said silently. Was there perhaps an oral tradition in this matter? Perhaps readers can comment on this. In any event, ArtScroll’s instructions are problematic, since, as mentioned, if people are reciting the prayer responsively, they are not going to be inserting two consecutive sentences quietly.

I noticed another interesting change in the ArtScroll Yom Kippur machzor between the old edition and the new one. Here is והכהנים והעם in the old edition.
It reads היו כורעים ומשתחוים ומודים ונופלים על פניהם.
Here is the new edition, where the word ומודים has been deleted. ArtScroll neglected to change the English translation, so it still appears, now incorrectly, as: “they would kneel and prostrate themselves, give thanks, fall upon their faces.”
Why was the word ומודים deleted? Based on what I have been able to determine, the version without the word ומודים is more common, so presumably that is the reason. Although most people might just chalk this up to a different girsa, R. Soloveitchik saw great significance in the alternative versions, and explained their different implications.[10]
Here are a couple of random mistakes I found in ArtScroll. (I use the ArtScroll siddur every day of the week, which is how I have come across these. I am sure that if I used Koren, I would find mistakes there too.) In the ArtScroll siddur, p. 86 it reads:
ואל מאורי אור שעשית, יפארוך, סלה
There is a dagesh in the ס of סלה. This means that the comma after יפארוך is a mistake, as you cannot place a dagesh in this ס if preceded by a comma.
Another mistake is found on p. 702, in the prayer for dew, which states בעם זו בזו. Its translation is correct: “Among this people, through this prayer.” However, I would have preferred if it appeared as follows: “Among this people, through this [prayer],” which would be a more accurate rendition of the few words. (This is indeed how it is translated in the ArtScroll Passover Machzor.)ArtScroll vocalizes these words be-am zu be-zu. Yet this is incorrect. בזו should be pronounced be-zo, referring to תפלה, the feminine Hebrew word for prayer. Koren gets this correct. This confusion of ArtScroll with zu and zo is also found on p. 202, where in the marriage service we find בטבעת זו and ArtScroll pronounces it zu, instead of zo. Again, Koren gets it right. (The word זו often appears in the Talmud, and the ArtScroll Talmud always pronounces it correctly.)

Let me close with one final mistake in ArtScroll, or perhaps it is not a mistake; readers can decide on their own. The ArtScroll Ohel Sarah Women’s Siddur is a special siddur designed for women. On the very first page of the prayers, this siddur has מודה אני with a segol under the ד. In a women’s siddur doesn’t there need to be a kamatz under the ד so that it reads modah?
This might reflect a broader issue. My experience is that in co-ed kindergartens the girls are also taught to say modeh. This might not be surprising, but I was also told by a number of people that even in girls-only kindergartens, both Ashkenazic and even some Sephardic ones, the girls are taught to say modeh. No doubt recognizing this problem, R. Yitzhak Yosef makes a point of placing a kamatz under the ד so that people will know how women are to pronounce the word.[11] R. Shlomo Zalman Auerbach likewise told the women in his family to say modah.[12]It is noteworthy that in one of the editions of Wolf Heidenheim’s Siddur Sefat Emet, found on Otzar ha-Hokhmah, girls are instructed to say modah.

However, this edition appeared after Heidenheim’s death, and unfortunately there is no way to determine exactly when. (The Basel 1956 date on the title page is just the date of the photo-offset edition, not the original.) As far as I can tell, none of the siddurim that appeared in Heidenheim’s lifetime distinguish between men and women with regard to modeh-modah.In response to questioners, R. Hayyim Kanievsky also stated that women are to pronounce the word as modah.[13] Despite this, when R. Meir Arbah asked Rebbetzin Batsheva Kanievsky, R. Hayyim’s wife, what she did, she replied that she pronounced it modeh![14]

The ArtScroll Women’s siddur also has שלא עשני גוי and not גויה and שלא עשני עבד instead of שפחה. This too would seem to be incorrect in a women’s siddur, but the standard version is defended by R. Shmuel Wosner, as he claims that the words גוי and עבד include both men and women.[15] More about this in the next post.
3. We all know that everything written by R. Joseph B. Soloveitchik is precious.[16] One area in which the Rav was very eloquent and forceful was with regard to the necessity of having a mehitzah in shul. In Baruch Litvin’s 1959 book, The Sanctity of the Synagogue, pp. 109-114, it prints a letter from the Rav to an RCA convention. 

 

This letter has been reprinted in Nathaniel Helfgot, Community, Covenant and Commitment, pp. 139-142.
Moshe Schwartz found a copy of the original letter in the papers of his grandfather, R. Gedaliah Dov Schwartz. I thank him for sending it to me.

One interesting point which is not found in the Litvin book is that the Rav’s letter, while intended for RCA members, was addressed to R. David Hollander, the president of the RCA at the time. This is important to note because in the second paragraph he is speaking personally to R. Hollander and praising him for his good works. However, the reader of the letter in Litvin’s book will mistakenly think that the Rav is speaking to the RCA as a whole.
Furthermore, some of what R. Soloveitchik included was deleted from the letter as it appeared in the Litvin book. This was apparently because his points were not specifically relevant to the mehitzah issue. I am happy to be able to present here the omitted words of the Rav which until now have never been published, and which present an important personal statement about the halakhic process. Readers should note the end of the second paragraph that is transcribed below, as it is criticism of certain members of the RCA. Similar sentiments are found earlier in the letter (Litvin, p. 110, first paragraph), where the Rav concludes his paragraph with the strong words: “However, many of our colleagues choose the derech ketzarah va’aruchah, the easy way which leads to doom and destruction.”
As chairman of the Vaad Halachah I intended to inform the conference about our activities during the past year. Since I am prevented from doing so I have asked my friend Rabbi Joseph Weiss to take my place.
Permit me to say the following. One of the fundamentals of my faith is that the Halachah is an all-inclusive discipline and system of thought capable of meeting any challenge of modern times and of confronting the most perplexing problems which a technically progressive and scientifically minded society may periodically pose. This optimistic formula, however, cannot always be successfully applied because of the limited knowledge and the imperfect intellectual capability of the human being. I for one, am not always able to behold the Halachic truth and to see the light under all circumstances. Many a time I grope in the dark, pondering, examining and re-examining an intricate Halachic problem – and find myself unable to arrive at a clear decision. Even the Talmud has not solved all problems and has not answered all questions. The Teiku is a very prominent and characteristic feature of Torah She-B’al Peh. We members of the Halachah Commission are not partners in a contracting firm whose task it is to provide every member of the Rabbinical Council of America with a clear-cut answer to his problems. Quite often the solution eludes us. We are beset by grave doubts. We face many alternatives not knowing which to choose since each is supported by sound logical reasoning. We cannot be guided in our decisions by emotional factors or pragmatic arbitrariness and hence we are impelled to employ in such situations the principle of “B’divrai Torah Haloch Achar Hamachmir” which seems to inconvenience some of our members.
Religious Jews have of late developed an intolerant attitude towards what they call the shyness and reluctance on the part of scholars to commit themselves on Halachic issues, not knowing that there is no omniscience in this world and that doubt is an integral part of the Halachic experience as it is of every scientific performance. A rabbi who thinks that he can solve all problems is implicitly admitting his own ignorance. I implore the convention to abstain from leveling charges of evasion at the Halachah Commission. Let us not repeat the complaints which are so common in religious circles in Israel about a lack of boldness on the part of the rabbinate. They come, for the most part, from people who are not conversant with Halachic scholarship. If there is in our ranks some one wise enough to undertake to answer all Halachic questions by return mail, I would not hesitate to relinquish my position as chairman to him.
In the last paragraph of the letter, as it appears in Litvin, p. 114, the following words that I have underlined are omitted (and this appears to be a simple mistake rather than an intentional deletion): “I realize your problems, I am cognizant of the temptations to which you are exposed and I also know the great work you have been doing in the remote parts of our country.”
In this case I think that the Rav is speaking to the RCA members as a whole, not to R. Hollander personally.
The P.S. found in the Rav’s letter is also of interest.
P.S., I would suggest that the convention adopt a resolution condemning the Humphrey Bill pertaining to humane method of slaughter. The convention should also send a letter of thanks to the State Department for the special attention of Assistant Secretary Herbert Hoover, Jr., for its stand against the proposed calendar reform.
4. In my previous post about young rabbis I neglected to mention another such rabbi. R. Yekutiel Yehudah Teitelbaum (born 1912) succeeded his father as rabbi of the town of Sighet, and also as leader of the local hasidic group, at the age of 14.[17]
5. In addition to being the posek of the OU, R. Hershel Schachter is also the one Kashrut Vaads all over America turn to for halakhic decisions. That being the case, now that R. Schachter has publicly declared that swordfish is kosher[18] (his private opinion has been known for a long time), how come no Vaads in the United States will certify it as kosher? (In the first half of the twentieth century Orthodox Jews in the U.S. ate swordfish. See my post here.) Does this mean that in the U.S. the practice of not eating swordfish is for all intents and purposes now regarded as binding, and cannot be overturned even by a great posek?

6. Last summer I spent time in Djerba, Tunisia. I hope to write up my impressions of this amazing community of over one thousand Jews, all of whom are shomer Shabbat. Djerba, and the nearby town of Zarzis which has around a hundred Jews, are the last Arabic speaking Jewish communities in the world. (In Tunis and Morocco the Jews speak French.) Here are some pictures from inside the R. Pinhas Yanah synagogue in Djerba, where you can see the signs in Arabic. 

 

Here is a small learning group in one of the synagogues after ma’ariv. They invited me to participate but not knowing Arabic I couldn’t follow.

When I came back one of my friends told me that I must share one particular story on the Seforim Blog, so here goes. There are fourteen different synagogues in Djerba. After visiting a number of them I noticed that they had no women’s sections. I asked one of the rabbis about the lack of ezrat nashim. He replied, in words that must sound blasphemous to Modern Orthodox ears, “What do women have to do with a synagogue?” While in the U.S. we build “women friendly” mehitzot, so that as much as possible the women can feel part of the synagogue service, in Djerba women’s spirituality has nothing to do with the synagogue. While I later learned that three of the synagogues do have an ezrat nashim, women never attend on Shabbat, only on Rosh ha-Shanah, Yom Kippur, and Purim. The popular Modern Orthodox notion that it is important for women, especially unmarried ones, to attend synagogue on Shabbat is something the women of Djerba know nothing about.
___________
[1] If I were writing the letter today, I would not refer to R. Ahron Soloveichik as rosh ha-rabanim and mara de-atra. I did so to give him respect, but it is not really accurate. While many people certainly did regard him as the leading rabbi of Chicago, and accepted his halakhic rulings as authoritative, this was by no means everyone’s opinion. Regarding R. Moshe Feinstein’s view permitting the non-Orthodox to use the community mikveh for their conversions, which is mentioned in my letter, it is important to note that this was only when the non-Orthodox institutions contributed to building the mikveh.
[2] The same mistake made by R. Yonah is also made by R. Yehudah Naki in his notes to R. Ovadiah Yosef, Ma’yan Omer, vol. 7, pp. 362-363, 390, 400-401.
[3] Ma’yan Omer, vol. 7, no. 38.
[4] Ma’yan Omer, vol. 7, no. 42.
[5] Beit Hillel, Adar 5770, p.
[6] R. Eliyahu’s responsum was sent to R. Gavriel Cohen, who has a beit din in Los Angeles. See here. This Beit Din also does conversions, and they have a very detailed curriculum for prospective converts. You can see a practice test of the 45 topics prospective converts are supposed to learn about here.
I have to say that until the last generation, converts were never required to have such detailed knowledge. Leaving aside all of the detailed issues of Jewish law the convert is instructed to learn about (including “Trumot and Maasarot, Challah, Bikurim, Maaser Ani and other types of charity”), does a convert really need to know about Elijah at Mt. Carmel or about “Tzedukim, Prushim, Charedim, Zealots (anti Romans and Greeks)”? Does a convert need to be able to “develop in detail” the following: Joshua, Judges (“mention at least 10 Judges and their stories”), Samuel, Saul, Jonathan, Isaiah, Jeremiah, the Twelve Prophets, Daniel, Ezra-Nehemiah, to list just some of the topics required? And  what about Rif, Rosh, Rashba, Tur, Zohar, Kabbalah, Shabbetai Zvi, Orhot TzadikimMesilat Yesharim, etc.? Since when do converts need to know about these things?
In the section dealing with the history of converts, R. Cohen’s website mentions Nero and Antoninus as things to know. Does this mean that if the future convert does not believe that these Roman emperors actually converted to Judaism, that he will not be accepted? (My next post will discuss Nero and Antoninus.) On the positive side, if even yeshiva educated people knew all the things the converts are being asked about, we would be in very good shape.
Contrast all this with how Maimonides says that we deal with future converts, in words that today would be regarded as “non-Orthodox,” or presenting a very low standard. Issurei Biah 14:2 states: “He [the prospective convert] should then be made acquainted with the principles of the faith, which are the oneness of God and the prohibition of idolatry. These matters should be discussed in great detail; he should then be told, though not at great length, about some of the less weighty and some of the more weighty commandments.”
[7] See also here.
[8] See Israel Yeivin, Introduction to the Tiberian Masorah, trans. E. J. Revell (n.p., 1980), no. 404. See also R. Adir Amrutzi, Dikdukei Aviah (Tel Aviv, 2010), p. 146. Regarding the Aleppo Codex and use of the dagesh, the following point is also of interest. Many people wonder why in Hallel the words הושיעה נא and הצליחה נא, taken from Ps. 118:25, only have a dagesh in the נ in הושיעה נא. In fact, in the Aleppo Codex both occurrences of the word נא have a dagesh. Also of interest, since it goes against what one would expect from the grammatical rules, the Aleppo Codex puts the accent on the final syllable of both הושיעה and הצליחה, and there is no makef after either of these words. See Yeivin, Introduction to the Tiberian Masorah, p. 291.
Regarding the makef, ArtScroll has omitted it from its siddur. Yet once they do so, it appears to me that there are a number of corrections that need to be made. For example, in shaharit of Shabbat we read
מי ידמה לך ומי ישוה לך
ArtScroll tells us that ידמה and ישוה have the accent on the final syllable and ArtScroll also puts a dagesh in the ל of לך. Yet the Masoretes who told us that in such a case you put a dagesh in the ל, also told us that you would only do so if there is a makef connecting the word לך and the prior word. Since ArtScroll has deleted the makef, why should the dagesh be included, as there is no reason for one without the other? (Koren also includes the dagesh without a makef.)
For those who want to be technical, once the makef is removed we even have a problem with the word כל. כל, meaning “all”, is only spelled with a kamatz (katan) when it is connected with a makef. However, when the makef is removed it is to be spelled with a holem. (The two exceptions are Ps. 35:10 and Prov. 19:7.) See Bayit Ne’eman 130 (15 Tishrei 5779), p. 5.
In biblical Hebrew there is even a word כל with a kamatz (gadol) and no makef. It is found in Isaiah 40:12:
וכל בשלש עפר הארץ
The passage means, “and comprehended the dust of the earth in a shalish-measure.” The word כל with a kamatz and no makef is from the root כול. The word כל with a kamatz and makef, which is the word we are all familiar with, is from the root כלל.
[9] This point was also noted by the Dikdukian here. For those who don’t know this website, it is a great resource for anyone interested in grammatical matters.
[10] Shiurei Ha-Grid: Kuntres Avodat Yom ha-Kippurim (Jerusalem, 2005), pp. 66-67.
[11] Otzar Dinim la-Ishah ve-la-Bat, ch. 1, no. 2 (p. 22), Yalkut YosefDinei Hashkamat ha-Boker, 1:9. It is noteworthy that R. Yom Tov Lippman Heller was also interested in ensuring proper pronunciation. Mishnah, Toharot 8:5 reads: שוטה אחת בעיר. Tosafot Yom Tov comments:
בקמץ הטי”ת כמו כי רועה היא (בראשית כט)
[12] Halikhot Shlomo, Tefilah, ch. 2 n. 17.
[13] Halikhot Hayyim, ch. 1 no. 1, Da’at Notah, vol. 1, p. 16. The very title of the last book mentioned is an example of what we are talking about, as it is more common for people to write “da’at noteh”, but this is not grammatical.
[14] Meir Oz, vol. 1, p. 27.
[15] Shevet ha-Levi, vol. 10, no. 8.

[16] I have been fortunate to discover a number of unknown letters by the Rav which I hope to publish.
[17] See Isaac Lewin, ed., Eleh Ezkerah (New York, 1961), vol. 4, p. 147. R. Jacob Elimelech Paneth was chosen to succeed his father as rabbi of Marosújvár at age fourteen, but he did not assume the office in practice until four or five years later. See Yosef Kohen, Hakhmei Transylvania (Jerusalem, 1989), p. 37. I thank R. Baruch Oberlander for informing me of the Hungarian name of the city R. Paneth served in.
[18] The interview with R. Schachter reprinted in this post is from the Jewish Press, April 20, 2018.