Can Orthodoxy Decide Its Own History?

Can Orthodoxy Decide Its Own History?

Rabbi Shmuel Lesher 

The Making of a Godol

In his 2004 review of Rabbi Nosson Kamenetsky’s controversy-sparking Making of a Godol,[1] Professor Mordechai Breuer notes a marked change happening within haredi culture, specifically book culture:

The contents of the traditional Haredi bookshelf have expanded and transformed beyond recognition in recent generations. Alongside … the rabbinic classics … the shelves are now filled with books of types our ancestors could not have imagined.[2]

Breuer is referring to the proliferation of a new form of biography, or hagiography, of gedolim, or “Torah scholars” sometimes referred to as “Shivhei Tzaddikim” (Praises of the Righteous).

To be sure, historically, the practice of telling stories of praise and piety about gedolim is not new. Records of this literature can be found as early as the 19th century.[3] However, the recent proliferation and high demand for these works within contemporary haredi society is a fairly recent phenomenon.

It is against this backdrop that, in his review, Breuer celebrates R. Kamenetsky’s publication of Making of a Godol. He correctly notes that this book is not just another routine addition to the existing genre of hagiography. Quite the contrary, employing the rigorous research of an academic, the book makes a serious effort to depict the lives of Lithuanian yeshiva personalities as they truly were, without embellishment or distortion. In stark contrast to those who advocate for the idealized and sanitized portrayal of gedolim as saintly individuals devoid of human flaws or weakness, R. Kamenetsky authored a book whose content was subject to a single test: the test of truth.[4]

It is for this very reason that others did not celebrate the publication of Making of a Godol. In fact, shortly after the book was published in 2002, it was subject to a ban and removed from bookstores.

Breuer has his own critiques of the book. In addition to a number of serious methodological issues he raises with the book from an academic historical perspective, Breuer takes issue with a number of passages from a religious perspective, some of which may have been the reasons why it was banned within parts of the haredi community:

It is unfortunate that the author did not refrain from delving into minutiae that lack historical significance, including the personal weaknesses of Torah scholars… Yet, the author makes no effort to reconcile this phenomenon with the ideal of shemirat halashon (guarding one’s speech) …. The extensive treatment of such topics, without any attempt to analyze or integrate them into a cohesive picture of the “Making of a Godol” borders on gossip for its own sake. It would have been better to omit such material altogether.[5]

Jewish History: Lashon Harah?

Although Breuer categorizes the inclusion of some trivial and negative descriptions of gedolim in R. Kamenetsky’s book as “bordering on gossip for its own sake,” someone who levels the claim of actual lashon harah (prohibited negative speech) against any and all accurate history-keeping is Rabbi Shimon Schwab.

R. Schwab correctly notes that history must be accurate:

History must be truthful, otherwise it does not deserve its name. A book of history must report the bad with the good, the ugly with the beautiful, the difficulties and the victories, the guilt and the virtue. Since it is supposed to be truthful, it cannot spare the righteous if he fails, and it cannot skip the virtues of the villain. For such is truth, all is told the way it happened.[6]

Clearly, there is little use for inaccurate history books. 

R. Schwab further notes that since the canonization of Tanakh, no works of Jewish history were composed by our Sages. It appears that when prophecy ceased, the recording of Jewish history stopped at the same time.[7]

This phenomenon was noted by historian Yosef Hayim Yerushalmi. He writes that after the canonization of the Bible, it appears that Jewish historiography abruptly stopped:

After the close of the biblical canon the Jews virtually stopped writing history…. It is as though, abruptly, the impulse to historiography had ceased.[8]

This, Yerushalmi writes, is remarkable. Biblical Jewry and subsequent generations of Jews drew deep meaning from history. Their people’s history was deeply wedded to their sacred scripture. They came together weekly to read aloud from these passages in synagogues for thousands of years. Generation of scribes would copy and transmit these texts to the next generation with the utmost care and concern for their sacred task.[9]

Moreover, the Torah itself commands the Jewish people to remember “the days of old and to contemplate the years of every generation”:

זכר ימות עולם בינו שנות דור ודור שאל אביך ויגדך זקניך ויאמרו לך

Remember world history, study the generational epochs. Ask your father and he will relate to you, your elders and they will tell you (Devarim 32:7).

Therefore, R. Schwab asks: Why did our great Torah leaders not deem it necessary to register in detail all the events of their period just as the Torah and the prophets had done before them? 

R. Schwab’s answer will likely be shocking to all those who love history:

Only a prophet mandated by his Divine calling has the ability to report history as it really happened, unbiased and without prejudice….An historian has no right to take sides. He must report the stark truth and nothing but the truth…if an historian would report truthfully what he witnessed…He would violate the prohibition against spreading loshon harah which does not only apply to the living, but also to those who sleep in the dust and cannot defend themselves any more. What ethical purpose is served by preserving a realistic historic picture? Nothing but the satisfaction of curiosity. [10]

Using the imagery of Shem and Yefet who covered the nakedness of their father Noah when he became intoxicated, preserving their saintly memory of their father (Bereishit 9:23), R. Schwab argues for a more synthetic and sterilized version of Jewish history:

We should tell ourselves and our children the good memories of the good people, their unshakeable faith, their staunch defense of tradition, their life of truth, their impeccable honesty, their boundless charity and their great reverence for Torah and Torah sages. What is gained by pointing out their inadequacies and their contradictions? We want to be inspired by their example and learn from their experience. Rather than write the history of our forebears, every generation has to put a veil over the human failings of its elders and glorify all the rest which is great and beautiful. That means we have to do without a real history book….We do not need realism, we need inspiration from our forefathers in order to pass it on to posterity. 

Because a historian must record the facts, and the facts remain lashon harah and therefore forbidden, R. Schwab argues that Torah-true “historians” should engage in the genre of “story-telling” rather than truthful history focusing on telling the stories that will inspire, leaving out the truth if unflattering.

Is R. Schwab correct in asserting that the reading or writing of all accurate history is in violation of the formal prohibition(s) of lashon harah and therefore renders the field of Jewish history decidedly quite “un-Jewish”? Any serious student of history must respond to this question.[11]

It appears from the literature that the standard prohibition of lashon harah only applies to the living. The Gemara in Berakhot (19a) cites Rabbi Yitzhak who states, “Anyone who speaks negatively about the deceased is as if he speaks about a stone. Some say this is because the dead do not know, and some say that they know, but they do not care [about such speech].

Simply understood, R. Yitzhak’s statement means that just as there is no formal prohibition of lashon harah for slandering inanimate objects, there is no lashon harah when speaking negatively about the dead.[12]

Although the Raavya[13] and the Mordekhai[14] quote an ancient heirem (ban) against falsely libeling the deceased which is codified in Shulhan Arukh,[15] this would not constitute formal lashon harah.[16]

Interestingly, the father of the aforementioned R. Nosson Kamenetsky, Rabbi Yaakov Kamenetsky, writes that even this ban, which reaches beyond the scope of normative lashon harah, only forbids false libel. Whereas lashon harah is forbidden when speaking about living persons even when true,[17] one is permitted, according to the elder R. Kamenetsky, to tell negative stories about people from the past as long as they are true. R. Gil Student notes that when applied to history, this principle would provide a heter (allowance) for the accurate, albeit occasionally negative, recording of facts.[18]

On the other hand, R. Binyamin Yehoshua Zilber argues, contrary to the simple reading of the Gemara cited above, the dead do, in fact, know about and are affected by what is said about them. Therefore, he rules that one may not say anything bad about the dead, false or true.[19]

The Allowance of “Toelet

Either approach one takes to lashon harah about the dead, the allowances to permitted lashon harah would seem to apply to the dead just as it applies to the living. Regarding history, two allowances outlined by the Hafetz Haim seem particularly relevant: one permitting the “sharing of public knowledge”[20] and another based on “toelet” — having a legitimate or constructive purpose.[21] If something is already public knowledge, its inclusion in history books is permitted under the category of “sharing public knowledge.” If it is not already known, I would argue that documenting it for posterity, when it serves a constructive purpose for the historical record, should also be allowed.

Returning to Making of a Godol, R. Kamenetsky was aware of the potential for Breuer’s critique of lashon harah. In defense of his choice to include some less than savory passages in his book apparently for the sake of the historical record, R. Kamenetsky appears to utilize the “toelet argument”:

It goes without saying that R. Mordekhai Schwab [brother of R. Shimon Schwab who supported the study of accurate Jewish history] did not approve of revealing faults in any man without constructive purpose; and neither do I.[22]

R. Kamenetsky makes another argument to support disclosing even unsavory information. He claims there is some form of halakhic statute of limitations on people’s embarrassment. Things that transpired over a century ago are no longer subject to the rules of lashon harah:

I did not give much consideration to concealing then-sensitive matters for the reason that when my father talked about these long-past episodes he specifically applied the verse גם שנאתם גם קנאתם כבר אבדה (Both their [the principals’] enmity and their envy are already bygone)[23]…. In fact, my father considered the passage of only 50 years – a יובל (which the Torah labels ” לעולם [forever]”) – to have enough of a cumulative effect to erase one world and bring a new society in its stead.[24]

This rationale goes well beyond the toelet allowance or limiting lashon harah to the living. If one accepts this contention, any information that is at least 50 years old can be written even if the individual would not want this information shared.

Whatever the assumed allowance is, in recent years, it appears that many, even within the haredi community, have taken a more open approach to the study of Jewish history. 

Although Making of a Godol was banned, this did not impede the public’s interest in historical scholarship. Over twenty years after the Making of a Godol ban, interest in the academic study of Jewish history has only grown. Today, there is a new wave of Jewish historians, writers, and podcast hosts who are engaged in rigorous study and writing of Jewish history. In their weekly column in Mishpacha magazine “For the Record,” Yehuda Geberer and Dovi Safier cite directly from historical documents and materials from Jewish history. Geberer hosts a popular podcast entitled “Jewish History Soundbites (here).”Nachi Weinstein of Lakewood, New Jersey, the host of the Seforim Chatter podcast (here), routinely interviews academic historians and professors well outside the typical sources found in the more insulated Yeshiva community.

Although there is still a strong presence of the typical biographical or hagiographical, any careful observer of the Jewish community can discern a largely different approach being taken to the study of Jewish history.

The Ethical Imperative of Accurate Historiography

I have shown that, although debated, there is a halakhic basis for the study of accurate and truthful Jewish history. However, is there a moral imperative to study Jewish history? It may be permitted halakhically, but is there inherent value in the recording of history?

According to Rabbi Samson Raphael Hirsch, we can derive from the Torah itself that there is an ethical value in preserving history. R. Hirsch notes that the Torah “does not hide from us the faults, errors, and weaknesses of our great men” and narrates events simply “because they took place”:

The Torah never hides from us the faults, errors, and weaknesses of our great men. Just by that it gives a stamp of veracity to what it relates . . . The Torah never presents our great men as being perfect, it deifies no man, says of none ‘here you have the ideal, in this man the divine became human’ . . . The Torah is no collection of examples of saints. It relates what occurred, not because it was exemplary, but because it did occur.[25]

In fact, recording the mistakes of our biblical heroes provides more credibility to the Torah.

R.Yehuda Leib Bloch, the Rosh Yeshiva of Telshe, Lithuania makes a similar point:

At the very moment it describes the greatness and holiness of the Patriarchs, [the Torah] does not remain silent about their shortcomings. It does not conceal their flaws, nor does it portray them as divine beings possessing every virtue without defects or shortcomings….Our Torah is a Torah of truth, a Torah of life. It teaches us that a person, by virtue of being human, cannot be divine.[26]

Aside from the lesson of our Patriarchs’ and Matriarchs’ humanity and the credibility gained by the Torah, the fact that the Torah records events simply “because they took place” is significant for R. Hirsch. The very notion that something occurred, in and of itself merits being recorded in the Torah because the Torah values the truth of history. Throughout many of his works, R. Hirsch emphasizes the importance of historical awareness and the necessity of the study of history.[27] One citation will suffice:

To obtain knowledge of Nature and History…is not only something permitted but something which is desirable to the fullest extent, for only a mind armed with such a wide panoramic view on all matters can draw the right conclusions of the Jewish position in the world, in the whole of its speciality.[28]

Censoring the “Inconvenient Truths” of History 

Rabbi Dr. Jacob J. Schacter has argued in a number of important essays that there is an ethical imperative to preserving historical truth about our past and “facing the truths of history.”[29]

In support of his position, which he notes has historically been the minority one, R. Schacter draws from R. Yaakov Emden,[30] R. Hirsch,[31] and the Hazon Ish.[32] Critical of hagiographic works that censor or remove “inconvenient truths” about gedolim, R. Schacter writes:

Is overlooking part of the truth, in fact, any less of a lie than actively distorting it? Do not both result in a less than true—let us call it what it really is, i. e., false—picture of the facts or figure being presented? W. E. B. Du Bois wrote: “One is astonished in the study of history at the recurrence of the idea that evil must be forgotten, distorted, skimmed over.”[33]

R. Schacter also responds to R. Schwab’s rationalization for omitting parts of history:

It is interesting that Rabbi Schwab does not deny that “important people” and “good people” have failings and inadequacies. Rather, he suggests that they are best overlooked and forgotten. However, even this…explains only the neglect and disregard of history; it does not justify the distorting of history. While it may explain why one should not write about the past, it does not justify distorting the past when one does write about it. Inventing the past is as foolish as foretelling the future, but more scandalous.[34]

Suffice it to say, although “facing the truths of history” may be difficult, even prohibitive according to some, according to R. Schacter and those of his school, it is imperative.

The Miracle of Jewish Survival 

There may be yet another reason to study Jewish history from a religious perspective. In an often-cited passage, R. Yaakov Emden writes that Jewish history very well may be the repository of the greatest miracle known to man:

Who is so blind as to not see the divine providence?… We the exiled nation, a dispersed sheep. After all the troubles and shifts for two thousand years. No nation in the world is as pursued as us….[Our enemies] have brought on us great sufferings but were never able to triumph over us…All these ancient, powerful nations have gone by, their strength has withered, their protection has eroded. But we who cling to G-d are all alive today…Can the hand of chance do all this? I swear by my soul that…these ideas are greater [miracles] in my eyes than all the great open miracles G-d has performed for our forefathers in Egypt, the Sinai Desert, and in the land of Israel. The longer the exile lasts, the more the miracle is confirmed…[35]

If, as R. Emden argues, the story of Jewish people’s survival is even more miraculous and contributes more to our faith than the Exodus, it would follow that the study of the Jewish people’s history and its survival would be a critical part of Jewish education and faith-building.

In fact, R. Emden’s theory of the significance of the Jewish story of survival and its place within history, was felt by Catholic historian Paul Johnson. In the prologue to his A History of the Jews, Johnson gives his fourth and final reason why he chose to write this book and to study the Jewish people:

The book gave me the chance to reconsider objectively…the most intractable of all human questions: what are we on earth for? Is history merely a series of events whose sum is meaningless?….No people has ever insisted more firmly than the Jews that history has a purpose and humanity a destiny. At a very early stage in their collective existence they believed they had detected a divine scheme for the human race, of which their own society was to be a pilot. They worked out their role in immense detail. They clung to it with heroic persistence in the face of savage suffering. Many of them believe it still….The Jews, therefore, stand right at the centre of the perennial attempt to give human life the dignity of a purpose.[36]

For Johnson, the Jews stand at the centre of the very question of history and of human existence itself. Believing and arguing, by their very existence, that mankind does matter, and that there is moral significance to the history of the human race. 

In sum, the value of the rigorous and accurate study of Jewish history has been the subject of debate. From the standpoint of halakhah, I have argued that even negative information that can provide a greater understanding of our history is permitted to be recorded if it serves a constructive purpose for the historical record. However, more fundamentally, I believe that the proper study of Jewish history is not only a moral imperative ensuring an accurate picture of the past, it provides us with a deep sense of memory and Jewish identity. 

Rabbi Jonathan Sacks notes that although Jews were the first people to write history, biblical Hebrew has no word for “history.” Instead it uses the root zakhor, meaning “memory.”[37] History and memory are not the same thing. History is about facts, memory is about identity. History is about something that happened to someone else. It is “his story.” Memory is my story, the past that made me who I am, of whose legacy I am the guardian for the sake of generations yet to come. While, as I have argued, the study of history is crucial, without memory, there is no identity, and without identity, we are “mere dust on the surface of infinity.”[38]

[1] R. Nosson Kameneksty, Making of a Godol: A Study of Episodes in the Lives of Great Torah Personalities (Mesorah, 2002).
[2]
 Mordechai Breuer, “Gidulo Shel Gadol (Making of a Godol)” Hamayan 44:2 Teves 5764, pp. 81-82. For more reviews of Making of a Godol see Zev Lev, “Al Gidulo shel Gadol,” Hamayan 50:1 (Tishrei 5770) , pp. 100-104; “Teguvah le-divrei Prof. Lev z”l al ha-sefer Gidulo shel GadolHamayan 50:7 (Tishrei 5770), pp. 77-104.
[3]
See Immanuel Etkes, “On Shaping the Image of ‘the Gedolim’ in Ultra-Orthodox Lithuanian Hagiographic Literature,” in Benjamin Brown and Nissim Leon, eds., The Gedolim: Leaders Who Shaped the Israeli Haredi Jewry (Magnes, 2017), p. 26 (Hebrew). I was introduced to this and several other sources referenced in this article through R. Dovid Bashevkin. See his “Is Jewish History Lashon Harah,” Reading Jewish History in the Parsha (April 10, 2024) (available here).
[4]
 Breuer, “Gidulo Shel Gadol,” p. 81.
[5]
 Breuer, “Gidulo Shel Gadol,” pp. 83-84. For more on Making of a Godol and the ban on it see R. Nosson Kameneksty, “Anatomy of a Ban: the Story of the Ban on the Book Making of a Godol; R. Nosson Kamenetsky, “Making of a Ban: A Look At the Banning of Making of A Godol,” YUTorah.org (March 12, 2005) (available here); Marc B. Shapiro, “Of Books and Bans,” The Edah Journal 3:2 (2003) (available here) and his “On Re-Reading a Banned Book: Nathan Kamenetsky’s Making of a Godol,” Jewish Review of Books (Spring 2022); Dovid Lichtenstein, “Supermen or Super Men: Acknowledging the Faults and Mistakes of Gedolim,” Headlines 3: Halachic Debates of Current Events (Mekor, 2021), pp. 385-413 and his Halacha Headlines podcast on the topic.
[6] R.
Shimon Schwab, Selected Writings, (1988), p. 233.
[7] Ibid.
[8]
 Yosef Hayim Yerushalmi, Zakhor: Jewish History and Jewish Memory (Seattle and London, 1982), 15-16.
[9]
 Yerushalmi’s thesis has been the subject of much debate in academic circles. See perhaps most notably,  Robert Bonfil, “How Golden was the ‘Golden Age’ of Jewish Historiography?” History and Theory, Vol. 27, No. 4, Beiheft 27: Essays in Jewish Historiography (Dec., 1988), pp. 78-102. Also see Amos Funkenstein’s Perceptions of Jewish History (University of California Press, Berkeley, 1993); David N. Myers and Amos Funkenstein, “Remembering “Zakhor”: A Super-Commentary [with Response], History and Memory, Vol. 4, No. 2 (Fall – Winter, 1992), pp. 129-148; David Berger, “Identity, Ideology and Faith: Some Personal Reflections on the Social, Cultural and Spiritual Value of the Academic Study of Judaism,” in Howard Kreisel (ed.), Study and Knowledge in Jewish Thought (Ben-Gurion University, 2006), pp. 15-16. Thanks to Dr. Marc Herman and Dr. Tamar Ron Marvin for these sources.
[10] R.
Schwab, p. 234.
[11]
 For a discussion of the position of the Rambam on this question see R. Zev Eleff, “The Intersection of Halakhah and History,” Beit Yitzhak, Vol. 42 (5770), p. 425n4.
[12]
It should be noted that R. Yosef Shalom Elyashiv is cited as reading this Gemara differently and thereby prohibits lashon harah spoken of the dead the same as the living. See R. Benzion Kook (ed.), Shiurei Maran HaGrish Elyashiv, Berakhot 19a, with nn. 53-54.
[13]
Yoma, no. 531.
[14]
Yoma, no. 724.
[15]
 Orah Hayim 606:4.
[16]
 Mishnah Berurah 606:16.
[17]
Emet Liyaakov al Hatorah, Vayeishev, p. 194.
[18] R.
Gil Student, “Toward a Halakhic Philosophy of History,” Torah Musings (March 15, 2011).
[19]
 Shu”t Az Nidberu 14:68. For more see R. Daniel Feldman, False Facts and True Rumors: Lashon Hara in Contemporary Society, (2015), pp. 228-230 and R. Eleff, pp. 422-431.
[20]
 Hafetz Hayim 1:2:2.
[21]
 Ibid. 1:10:2.
[22] R.
Nathan Kamenetsky, Making of a Godol, Vol. 1 (Improved Edition, 2004), p. xxv.
[23]
Kohelet 9:6.
[24] R.
Kamenetsky, Making of a Godol, pp. xxiii-xxiv.
[25] R.
Samson Raphael Hirsch, The Pentateuch, Genesis 12:10-13.
[26] R.
Yosef Yehuda Leib Bloch, Shiurei Daat, Vayikra Bishem Hashem, p. 157.
[27]
 See R. Hirsch, “On Hebrew Instruction As Part of General Education,” Judaism Eternal, Vol. 1 (Soncino, 1956), p. 199; The Nineteen Letters, Letter Eighteen (Feldheim, 1995), p. 273; Pentateuch, Devarim 4:32, 6:4, and 16:1. I am indebted to Professor Yehuda (Leo) Levi for many of these citations. See his “Rabbi Samson Raphael Hirsch: Myth and Fact,” Tradition (Spring 1997), 31.3, p. 7 and 18.
[28]
 Pentateuch, Devarim 4:32.
[29]
See his “Haskalah, Secular Studies and the Close of the Yeshiva in Volozhin in 1892,” The Torah u-Madda Journal, vol. 2 (1990), pp. 76-133 (available here) and “Facing the Truths of History,” The Torah u-Madda Journal, vol. 8 (1998-1999), pp. 200-276 (available here).
[30]
 “Facing the Truths of History,” pp. 203-204.
[31] R.
Jacob J. Schacter, “On the Morality of the Patriarchs: Must Biblical Heroes be Perfect?” in Zvi Grumet, ed., Jewish Education in Transition (2007), p. 5.
[32] Koveitz Iggerot Meiet Hahazon Ish, Vol. 2, no. 133.
[33]
 “Facing the Truths of History,” pp. 230-231.
[34] “Haskalah, Secular Studies,” pp. 111-112.
[35]
Siddur Yavetz, Vol. 1, Introduction.
[36]
 Paul Johnson, A History of the Jews (1988), p. 2.
[37] R.
Jonathan Sacks, “A Nation of Storytellers,” (Ki Tavo), Lessons in Leadership (2015), p. 278.
[38] R.
Sacks, Morality (2020), p. 15.




The Physicians of the Rome Plague of 1656, Yaakov Zahalon and Hananiah Modigliano

The Physicians of the Rome Plague of 1656, Yaakov Zahalon and Hananiah Modigliano
Reclaiming a Long-Lost Role and the
Only Known Example of Father and Son Diplomas

By Edward Reichman

Ellen Wells of the Smithsonian Libraries wrote,[1] “The plague of Rome of 1656 was one of the best recorded medical events of the 17th century. It was referred to in most major political and ecclesiastical histories, in diplomatic correspondence and in personal memoirs. Books and pamphlets were issued in profusion. Commemorative prints were published …” The Jewish physician Yaakov Zahalon[2] contributed to this documentary phenomenon from the Jewish perspective.[3] Zahalon is one of the most famous physicians in Jewish history, and his book Otzar HaHayyim, published in Venice 1683, is one of only few original Hebrew medical treatises written in the premodern era. Therein, Zahalon added to the personal memoir genre of the plague.[4]

In the context of his discussion of pestilential fevers and plague, Zahalon records his recollections, both medical and non-medical, of the Bubonic Plague in Rome of 1656.[5] This passage is well-known and has been partially translated by Friedenwald.[6] It is in this passage that we read of Zahalon preaching from the balconies of the Rome Ghetto due to the closure of synagogues during the plague, an account recalled frequently over this past year.[7]

Zahalon was clearly present and practicing medicine in Rome during the epidemic, as he mentions a first-hand encounter with a patient, Shabtai Kohen, who died with fever and groin swelling, typical of bubonic plague. Zahalon diagnosed an intestinal hernia, despite the insistence of the non-Jewish physician that the patient had succumbed to plague. A diagnosis of plague would have necessitated quarantine of Kohen’s entire household. A postmortem exam confirmed Zahalon’s diagnosis. Yet, Zahalon’s exact role during the plague has remained elusive.

Regarding the administration of medical care in the Ghetto during the plague, Zahalon identifies a number of medical roles. An isolation house, called a Lazaretto, was set up in the Ghetto to accommodate those afflicted with plague.[8] The medical care in the Lazaretto was provided by Samuel Gabai, and his father, Ciroccio (Mordechai), who succumbed to the plague.[9]

Zahalon discusses the division of the ghetto into three sections, each with its appointed physician.[10]

The three physicians who equally divided the medical care of the city were Hananiah Modigliano, Gavriel Lariccia, and Yitzhak Zahalon. Who were these three physicians?

On Lariccia, I have found no additional information, and it is possible that this mention by Zahalon may be the only historical record of his existence. As recorded by Zahalon, Lariccia died during the plague.

On Modigliano, we are fortunate to have archival material. Hananiah Modigliano was a graduate of the University of Siena in 1628 and was one of a mere eleven Jewish graduates from this university from the years 1543 to 1695.[11] His medical diploma is extant and housed in the Jewish Theological Seminary Library.[12]

The invocation reads “In Dei Nomine Amen” (in the Name of God, Amen). While I have not seen any other diplomas of this period from the University of Siena,[13] there are a number of extant medical diplomas from this period issued by the University of Padua. The typical Padua diploma invocation reads “In Christi Nomine, Amen” (in the Name of Christ, Amen). The only diplomas that deviated from this norm were those of non-Christian students, in particular diplomas of Jewish graduates. Virtually every Jewish graduate’s diploma begins with the invocation, “In Dei Aeterni Nomine.” It is possible that the University of Siena made the same accommodations for its Jewish graduates as did Padua, few as they may have been.[14] Modigliano was also identified as a Jew in his diploma, with the word “Hebreo” appearing after his name:

This was also commonly found in the diplomas of the Jewish graduates of Padua, where the word “Hebreus” or “Iudeus” would typically, though not always, follow the name of the Jewish graduates.

We next hear of Modigliano on August 14, 1650, when upon the departure of Rafael Corcos,[15] the Roman Jewish community appointed three new worthy teachers, one of whom was the doctor Hananiah b. Rafael Modigliano.[16] As reported by Zahalon, Hananiah tragically died while serving as a physician for the Jewish community in Rome during the Bubonic Plague of 1656.

Modigliano’s son Raphael was also a physician, as well as a rabbi.[17] Extant medical diplomas of Jewish students are exceedingly rare, yet in this case, we are fortunate not only to possess a copy of Hananiah’s diploma, but we also possess the diploma of his son Raphael as well.[18] This is the only known case of extant father and son diplomas. A copy of his medical diploma from the University of Ferrara in 1662 is below:[19]

The invocation, similar to his father’s diploma, reads, “In Dei Nomine, Amen,” and he is likewise identified as “Hebreus.”

Of note, the document explicitly restricts his medical practice to Jewish patients.

We also have record of Raphael delivering weekly Shabbat sermons in the synagogue in Siena. Moses ben Samuel ben Bassa of Blanes records in his manual for preachers, Tena’ei ha-Darshan,[20] that both he and Raphael Modigliano would deliver weekly sermons, after which they would each provide constructive criticism of the other’s sermon.

What of our third and final physician, Yitzhak Zahalon? Regarding the third of the Jewish plague physicians for Rome in 1656, the author does not reveal additional details about him, despite their sharing the same last name. A few sentences later, however, Yaakov Zahalon enumerates the fatalities of the plague at around eight hundred deaths and mentions his cousin, the young skilled surgeon, Yitzhak Zahalon, amongst the casualties.

This has led at least one scholar to identify the physician in charge of one third of the city as the same Yitzhak Zahalon, the surgeon and cousin of Yaakov, the author. Sosland writes, “Three Jewish doctors are mentioned by Zahalon as having charge over the patients. One of them was a first cousin of our author, a certain Isaac Zahalon, a “skilled surgeon” who died toward the end of the epidemic.”[21]

With the physicians in charge of the medical care of the Lazaretto, as well as the different sections of the Ghetto, accounted for by name, we are left to wonder about the role, if any, the author, Yaakov Zahalon, played during the plague. As Sosland notes, “as to the exact role Jacob filled, we have no direct knowledge.”[22]

Zahalon’s medical work was published in Venice in 1683, and unlike the work of his rough contemporary, Tuviya Cohen, whose Ma’aseh Tuviya has been reprinted numerous times, has not yet merited even a second printing.[23] There is however one extant manuscript of Zahalon’s Otzar HaHayyim housed in the Vatican,[24] dated from no later than 1675, and it is in this manuscript that we find the solution to the riddle of Zahalon’s role in the administration of medical care to the Jews in the Rome Ghetto during the plague.

The manuscript appears to reflect that Otzar HaHayyim was initially part of a larger multi-section work entitled Ohalei Yaakov Otzar HaHokhmot. Zahalon’s medical work is labelled as section two, Hokhmat HaRefuah, the only section in the Vatican manuscript.

Below is the section describing the division of the city into three sections, each with its respective physician.

There is one key difference in this passage between the printed edition and the manuscript version. The physician in charge of the third section of the city is not Yitzhak Zahalon, whose identity is ambiguous, but rather, Yaakov ben Yitzhak Zahalon, none other than the author himself! A part of the name was accidentally omitted in the printed work. Zahalon refers to himself here in third person. This correction now facilitates a better understanding of the next sentence in the text, in which Zahalon continues to refer to himself, expressing gratitude to God for having rescued him from the ravages of the plague.

In this vein, I conclude with a comment on Zahalon’s conclusion to his plague passage. Despite the unspeakable tragedies experienced by the Jewish community, Zahalon ends his plague discussion by sharing a positive, though bittersweet, thought reflecting the continuity of the Jewish community:

As a good sign for the people of Israel, a pregnant woman named Zivia, the wife Yitzhak Mondolfo, contracted the plague, and though confined to the Lazaretto, was able to deliver a healthy child, whom she was able to nurse for a period before her demise. In the final line of this section in the printed work, we read that the child was still alive “until today,” and that his name was Efraim Levi. Though Zahalon’s book was published in 1683, this line appears in the manuscript, thus “until today” would be some twenty years after the plague.

While this indeed is some form of consolation, the manuscript adds an additional sentence which yields a far more powerful conclusion.

“And the circumcision was performed there (in the Lazaretto), and I say to you by your blood you shall live, and I say to you by your blood you shall live.” Zahalon concludes with the phrase from Yechezkel 16:6 which is traditionally recited as part of the circumcision ceremony. The allusion here to the plague is obvious.

Omitting this last sentence denies us not only the additional factual information about the performance of the circumcision in the Lazaretto, itself a remarkable event, but also Zahalon’s homiletic flourish which marked the community’s (re)birth after the tragedies of the plague. As I write these words, we are still in this midst of the Covid 19 pandemic, though the dissemination of the vaccines portends, God willing, for its cessation in the near future. These final intended words of Zahalon resonate deeply with us today, perhaps even more so than they would have when Otzar HaHayyim was published, some three decades after the plague.

[1] Ellen B. Wells, “Prints Commemorating the Rome 1656 Plague Epidemic,” Annali dell’Istituto e Museo di Storia della Scienza di Firenze 10 (1985), 15-21.
[2] On Zahalon, see Harry A. Savitz, “Jacob Zahalon, and His Book, ‘The Treasure of Life,’” New England Journal of Medicine 213:4 (July, 1935), 167-176; Harry Friedenwald, “Jacob Zahalon of Rome: Rabbi, Physician, Author and Moralist,” in his The Jews and Medicine 1 (Ktav Publishing House: New York, 1967), 268-279; J. Ph. Hes, “Jacob Zahalon on Hypochondriasis,” (Hebrew) Koroth 4:5-7 (December, 1967), 444-447; A. Danon, A. Kadar and D. V. Zaitchek, “Physiology and Pathology of Lactation in Zahalon’s Work,” (Hebrew) Koroth 4:11-12 (December, 1968), 667-678; D. Margalit, “Shmirath Habriuth by Maimonides and Comment by R. Jacob Zahalon,” (Hebrew) Koroth 5:1-2 (September, 1969), 96-98; Yehoshua Leibowitz, “R’ Yaakov Zahalon Ish Roma uPizmono liShabbat Hannukah 1687,” Sefer Zikaron liHayyim Enzo Sereni: Ketavim al Yehudei Roma (Shlomo Mayer Institute: Jerusalem, 5731), 166-181; Jonathan Jarashow, “Yakov Zahalon and the Jewish Attitude Towards Medicine,” Koroth 9:9-10 (1989), 725-736; Zohar Amar, Maimonides’ Regimen Sanitatis: Commentary of R. Jacob Zahalon on “Hilchot Deot” – Chapter Four, With an Added Brief Preface to the Treatise Ozar ha-Hayyim (Hebrew) (Neve-Tzuf, 2002); Samuel Kottek, “Pediatrics in the work Otzar HaHayyim of Jacob Zahalon,” (French), in Gad Freudenthal and Samuel Kottek, eds., Melanges d’Histoire de la Medicine Hebraique: Etudes Choisies de la Revue d’Histoir de la Medicine Hebraique (1948-1985) (Brill: Leiden, 2003), 183-207; Eliezer Brodt, Bein Keseh Le’Asor (Jerusalem, 5768), 184-185; Eliezer Brodt, “Segulot leZikaron uPetihat haLev,” Yerushateinu 5 (5771), 337-360, esp. 352; Michal Altbauer-Rudnik, “Love For All: The Medical Discussion of Lovesickness in Jacob Zahalon’s The Treasure of Life (Otzar Ha-Hayyim),” in Asaph Ben-Tov, Yaakov Deutsch and Tamar Herzig (eds.) Knowledge and Religion in Early Modern Europe: Studies in Honor of Michael Heyd (Brill: Leiden, 2013), 87-106. For discussion of the sources of Zahalon’s medical work, see Iris Idelson-Shein, “Rabbis of the (Scientific) Revolution: Revealing the Hidden Corpus of Early Modern Translations Produced by Jewish Religious Thinkers.” American Historical Review 126, no. 1. Forthcoming, March 2021.
[3] For the response of the Italian Jewish community to plagues in this period, including the plague in Rome of 1656, see Yaffa Kohen, The Development of Organizational Structures by the Italian Jewish Communities to Cope with the Plagues of the Sixteenth and Seventeenth Centuries (Hebrew) (Doctoral Dissertation: Bar Ilan University, submitted Tishrei, 5740). I thank Naomi Abraham, librarian at Bar Ilan University, for her truly exceptional efforts in making this dissertation available to me in the midst of the Covid pandemic.
[4] For more on this passage and on the plague in the Jewish Ghetto of Rome, see Yehoshua Leibowitz, “Bubonic Plague in the Ghetto of Rome (1656): Descriptions by Zahalon and by Gastaldi,” (Hebrew) Koroth 4: 3-4 (June, 1967), 155-169; Kohen, op. cit., 72-95.
[5] Y. Zahalon, Otzar HaHayyim (Venice, 1683), 21a-21b. Elsewhere we have discussed the Jewish physicians of the 1631 plague in Padua. See E. Reichman, “From Graduation to Contagion: Jewish Physicians Facing Plague in Padua, 1631” Lehrhaus (thelehrhaus.com), September 8, 2020.
[6] See H. Friedenwald, “Jacob Zahalon of Rome,” in his The Jews and Medicine (Johns Hopkins Press: Baltimore, 1944), 268-279.
[7] On Zahalon’s abilities and reputation as an orator, see Henry A. Sosland, A Guide for Preachers: The Or HaDarshan of Jacob Zahalon—A Seventeenth Century Italian Preacher’s Manual (Jewish Theological Seminary: New York, 1987). On the plague sermons, see pgs. 23-28.
[8]  See, for example, Guenter Risse, “Seventeenth-century Pest Houses or Lazarettos: Rome 1656,” in his Mending Bodies, Saving Souls: A History of Hospitals (Oxford University Press, 1999), 190-214.
[9] On the medical members of the Gabai (and Zahalon) families, see S. Plashkes, “Two Jewish Medical Families in 17th Century Italy: Gabai and Zahalon,” (Hebrew) Koroth 3:1-2 (October, 1962), 97-99.
[10] Otzar HaHayyim 21b.
[11] Israele Zoller, “I Medici Ebrei Laureati a Siena negli Anni 1543-1695,” Revista Israelitica 10 (1913), 60-70 and 100-110. In contrast, the University of Padua counts 127 Jewish medical graduates from 1617 to 1695. See A. Modena and E. Morpurgo, Medici E Chirurghi Ebrei Dottorati E Licenziati Nell’Universita di Padova dal 1617 al 1816 (Italian) (Forni Editore, 1967). For Jewish graduates of Padua earlier than this period, see D. Carpi, “Jews who received medical degrees from the University of Padua in the 16th and early 17th centuries,” (Hebrew) in Scritti in Memoria di Nathan Cassuto (Ben Tzvi Publishers: Jerusalem, 1986), 62-91.
[12] JTS, MS 8519. I thank Sharon Liberman Mintz for bringing this diploma to my attention. As part of my research interest in Jewish medical history, I have sought out copies of medical diplomas of Jewish students from previous centuries. Sharon, aware of this interest, notified me of a medical diploma in the JTS collection. The record does not identify the graduate but lists the University of Siena as the granting institution. I had never seen a diploma of a Jewish medical student from this institution; the majority of extant medical diplomas of Jewish students are from the University of Padua. However, due to the Covid 19 pandemic, access to the original diploma, stored in the remote site of the library, has been impossible. Fortunately, the National Library of Israel had taken black and white photographs of this document some years ago, and I was able to acquire copies. Since the onset of the pandemic, I have been focusing of the history of pandemics in Jewish medical history. When I received the copies of the diploma, and read the name, Hananiah Modigliano, it sounded familiar to me. It was a short while until I realized that I had seen the name mentioned in Zahalon’s passage on the plague.
[13] As per the librarian for the University of Siena Archives, the university does not possess any diplomas of this period.
[14] On the differences in the diplomas of Jewish medical graduates of the University of Padua, see E. Reichman, “Confessions of a Would-be Forger: The Medical Diploma of Tobias Cohn (Tuviya Ha-Rofeh) and Other Jewish Medical Graduates of the University of Padua,” in Kenneth Collins and Samuel Kottek, eds., Ma’ase Tuviya (Venice, 1708): Tuviya Cohen on Medicine and Science (Muriel and Philip Berman Medical Library of the Hebrew University of Jerusalem: Jerusalem, 2019), in press; E. Reichman, “The ‘Doctored’ Medical Diploma of Samuel, the Son of Menasseh ben Israel: Forgery or ‘For Jewry’?” Seforim Blog (https://seforimblog.com) (forthcoming).
[15] The Corcos family was a prominent Jewish Italian family. Another Jewish graduate of the University of Siena was Isaac Corcos, who graduated in 1654. See Zoller, op. cit. He may have been a relative and possibly a brother of Raphael Corcos.
[16] See H. Volgstein and P. Reiger, Geschichte der Juden in Rom, 2 vol (Berlin, 1895-1896), 267.
[17] On Raphael Modigliano, see Asher Salah, La Republique des Lettres: Rabbins, ecrivains et medecins juifs en Italie au XVIIIe Siecle (Brill: Leiden, 2007), 428-429.
[18] What makes this even more exceptional is that Hananiah’s diploma is the only known Jewish diploma from the University of Siena, and Raphael’s diploma is one of only two known Jewish diplomas from the University of Ferrara, the other being from 1802 (Samuel Vita Della Volta).
[19] The diploma was originally part of the Valmadonna Trust Library, Ms. 292, and is now incorporated into the National Library of Israel, system n. 990000822160205171. See Benjamin Richler, The Hebrew Manuscripts in the Valmadonna Trust Library (Valmadonna Trust: London, 1998), n. 269.
[20] Columbia University Library, Ms. X 893 T 15, p. 15a. See Sosland, op. cit., 82-83.
[21] Sosland, op. cit., 25. Others just listed the name as Isaac Zahalon without comment. See H. Volgstein and P. Reiger, Geschichte der Juden in Rom, 2 vol (Berlin, 1895-1896), 212-213.
[22] Sosland, op. cit., 25.
[23] Some years ago, Chaim Reich, ah, of Renaissance Hebraica, produced a high-quality reproduction of Otzar HaHayyim. I thank Rabbi Eliezer Brodt, who owns one of these copies, for this information.
[24] The manuscript is available online at https://digi.vatlib.it/mss/detail/Vat.ebr.466. On this manuscript see, Malachi Beit-Arié and Nurit Pasternak, Hebrew Manuscripts in the Vatican Library (Vatican City, 2008), 405. I have only compared the manuscript to the printed edition for this brief passage. A comprehensive comparison remains to be done.




Jewish Treasures From Oxford Libraries

JEWISH TREASURES FROM OXFORD LIBRARIES

By Paul Shaviv

Ed. Rebecca Abrams and Cesar Merchan-Hamann / Bodleian Library, University of Oxford, 2020 / ISBN 978 1 85124 502 4 / Available in the USA via Amazon $55

307pp, 140 full-colour plates

Oxford,[1] the ‘City of Dreaming Spires’, is one of the world’s greatest repositories of Hebraica and Judaica, both books and manuscripts.

This sumptuous volume was initiated at the encouragement and support of Martin J. Gross, a New Jersey philanthropist and Jewish community activist. It is a bargain at the price. The book is absolutely handsome – the quality of the printing is outstanding, and it is printed on 135gsm paper.

The core of ‘Jewish Treasures from Oxford Libraries’ describes seven collectors and their eponymous collections, which together constitute the Hebraica holding of the Bodleian library; plus a description of smaller, but important, holdings of some individual College libraries; and the Genizah fragments held in Oxford. There are additional essays describing the history of the Bodleian itself, and the role of successive Librarians in encouraging the acquisition of Hebrew (and other ‘Oriental’) manuscripts; of the great cataloguers (Neubauer and Cowley); and of other benefactors, including the amazing figure of John Selden.[2]

Each chapter is written by different scholars. Archbishop Laud (1573–1645), by Giles Mandelbrote; Edward Pococke (1604-1691) by Benjamin Williams; Robert Huntington (1637-1701) by Simon Mills and Cesar Merchan-Hamann; Benjamin Kennicott (1718-1783) by Theodor Dunkelgrun; Matteo Luigi Canonici (1727-1805) by Dorit Raines; Rabbi David Oppenheim (1664-1736) by Joshua Teplitzky; and Heimann Joseph Michael (1792-1846) by Saverio Campanini. Each describes the biography of the collector, the characteristics and most important items of their collection, and how and why they amassed them.

The first thing that readers will note is that only the last two are Jewish. Even in the case of David Oppenheim, his unique collection of approximately 4,500 printed books and just under 1,000 bound volumes of manuscripts languished in storage in Europe until Revd. Alexander Nicoll, the Regius Professor of Hebrew, engineered its purchase by the Library. Otherwise they are a parade of Anglican Divines and Christian Hebraists (except Canonici, who was a Jesuit), witness to the intense interest (and expertise) in Hebrew and Jewish Studies by non-Jewish scholars in the sixteenth and seventeenth centuries. The stories of the collections are fascinating. Ambassadors, merchants and missionaries all have a part in purchasing (and pursuing) manuscripts. A special place seems to be occupied by the ‘Chaplains’ attached to the Embassies – one can surmise that they both had some expertise in Hebrew, even if rudimentary, and also perhaps time to devote to the ‘hunt’. We visit the great cities of the ‘Orient’ – Constantinople, Damascus, Aleppo, Cairo, and of Europe – Italy, Spain and Germany.

The objectives and interests of each collector were different. Some – Oppenheim is the obvious example – were happy to scoop up whatever was on the market. Kennicott was interested in Biblical material, resulting in his two-volume study of variations in extant biblical texts. Along the way, each of them acquired examples of the most magnificent decorated and illuminated works, covering the entire span of Judaica – texts, contracts, ketubot, from every place. The calligraphy itself is to be savoured and enjoyed. As mentioned, the 140 full-colour (and often full-page) plates do all of this justice.

Although overshadowed by Cambridge, Oxford too has significant Genizah holdings – described by Nadia Vidro. These were acquired in the nineteenth century and pre-dated Solomon Schechter’s bulk removal of the Genizah contents to Cambridge. They are apparently strong in Talmudic texts, and also include an autograph copy of Rambam’s Mishneh Torah – complete with alterations and editing notes. Adolph Neubauer sifted through the material; kept the largest fragments, often complete or semi-complete pages – and rejected the remainder, which were sold on to Elkan Adler. Neubauer could not foresee the techniques available later, and utilized in Cambridge, to read, identify and reap the benefits of the tiniest pieces.

It is very difficult to summarize such a wide-ranging work in a short review. I am left with several thoughts:

  • In the case of the Bodleian, their holdings were purchased, not plundered, although the circumstances by which the objects came into the possession of previous owners is not necessarily known. The scholarship, and enthusiasms, of the Christian Hebraists, familiar to scholars, is of course little appreciated in today’s wider Jewish community. Were it not for them, many, many of these works would be lost. Were it not for the conscientious curation and preservation of these books and manuscripts by non-Jewish, mainly academic, libraries, they would almost certainly be lost, and even if they existed, would probably be far less accessible.

  • The sheer aesthetic beauty of many of the manuscripts speaks of a different culture. Even if, as is surmised, many were illustrated by non-Jewish professional artists[3] – they were commissioned by Jewish patrons. Even the almost-certainly Jewish artists (of Ketubot and the like) seem to show a joyfulness absent from our contemporary production of texts; which I take as a reflection of a certain dour outlook and philosophy. The same comment could be made about the narrowness of contemporary religious publishing compared to the width of thought, concern and scholarship of our forebears.

  • On a different perspective, as an (ex-pat) Anglo-Jew, and a former graduate student of Jewish Studies at Oxford (way back in the 1970’s!), I have to again sigh at the neglect of its own treasures by the Anglo-Jewish community[4]. Even the initiator of this project hails from New Jersey! Perhaps a ray of optimism may come from the fairly recent appointment of Prof. Judith Olszowy Schlanger as head of the Oxford Centre for Hebrew and Jewish Studies (formerly housed at Yarnton Manor)? Until now, most of the OCHJS Presidents have been specialists in one or another aspect of the ancient world, or of other, wider areas of Jewish study. This is not to disparage any of these eminent scholars in any way whatsoever! But Professor Olszowy Schlanger has already published on Anglo-Norman and pre-Expulsion manuscripts; perhaps we will see fresh scholarship on English and European rabbinic study from her Presidency, from still-to-be-researched corners of the Bodleian!

A great read, a great book to possess, and – happy are they who may receive this book as a perfect gift!

[1] The city has a rich Jewish history of its own, which is thought to date back to 1075. Two (!) complementary websites both give excellent information and resources about Jewish Oxford. The first site, sponsored by the local Jewish community, whose supervisory committee includes one of the editors of the volume under review, is www.oxfordjewishheritage.co.uk . Clicking on the small window labelled ‘Jewish Heritage’ in the middle of the homepage of Oxford Chabad www.oxfordchabad.org opens up a surprisingly academic and scholarly range of material on Jewish Oxford. Both recommended!
[2] The present Bodley Librarian, Richard Ovenden, writes a Foreword; Cesar Merchan-Hamann a general Introduction; Rahel Fronda writes on the smaller College collections; and Piet van Boxel on the cataloguers. Mr. Martin J. Gross, the book’s ‘prime mover’, contributes an elegant Preface!
[3] See, for example, plate 114, from Ms. Michael 627 – from a Yom Kippur mahzor, where a non-Jewish artist, not knowing which way up the Hebrew is written, has the illustrations drawn upside down on the page.
[4] Painfully, the single most important Anglo-Jewish artefact, the dated pre-Expulsion Chumash mss, shown to H.M. The Queen to demonstrate the depth of Jewish experience in England, was sold at the Valmadonna Auction. The purchaser remains anonymous. It is not known if it is still in the UK. If it is, it is neither displayed nor accessible. The Bomberg Talmud, also sold by the Valmadonna Trust, is now in New York City after being in Westminster Abbey for centuries.




The Greatest Story in the Annals of Jewish Book Collecting

The Greatest Story in the Annals of Jewish Book Collecting
 By Jeremy Brown

Jeremy Brown is the author of New Heavens and a New Earth; The Jewish Reception of Copernican Thought. He writes on science, medicine and the Talmud at Talmudology.com 

As we approach the end of Masechet Yevamot in the Daf Yomi cycle, it seems appropriate to reflect on a legendary story in the annals of Jewish bibliography. This story involves King Henry VIII, the laws of Yevamot, and the greatest private Jewish library in the world.
About thirty years ago, while a medical student in London, I had the good fortune of visiting the Valmadonna Trust Library, that greatest of private Jewish libraries. (How I got there is another story for another time). And while there, I held the Talmud that certainly once belonged to Westminster Abbey. It may also have been owned by Henry VIII, who had brought a Bomberg Talmud from Venice in order to help him end his marriage to Catherineof Aragon, the first of his many wives. The story of Henry VIII’s purchase of the Bomberg Talmud – the first complete printed Talmud – actually hinges on Yevamot, and whether the rules of levirate marriage, or yibum, applied to him. 
Catherine of Aragon was actually a widow, having first been married to Henry’s younger brother Arthur. About six months after Catherine married Arthur he died childless, and in 1509 his older brother Prince Henry married his widow.  One more thing to know: Catherine claimed that her marriage to Arthur had never been consummated; this is important later in the story. (And here is an interesting historic footnote: it was Catherine’s parents, Ferdinand and Isabella who had expelled the Jews from Spain.)
By 1525, Prince Henry had become King Henry VIII, and has had one daughter with Catherine. He wanted a son, and now wished to marry Ann Boleyn. There was, however, a problem:  what was he to do with Catherine, his existing wife?  Divorce, remember, was tricky for this Catholic King. And here is where the Talmud comes in.  
Henry argued that his marriage to Catherine should be dissolved since it was biblically forbidden for a man to marry his sister-in-law. (Henry claimed years earlier that he could marry her because the marriage to his brother had not been consummated. See, I told you that was important information…)
But as we from Masechet Yevamot, the Bible commands a man to marry his widowed sister-in-law if his brother died without children. Since Arthur died childless, it could be argued that Henry was now fulfilling the biblical requirement of levirate marriage – known as yibum. If that was the case, the marriage was kosher and could not be dissolved
How was this conundrum to be resolved? Let’s have Jack Lunzer, the custodian of the library, tell the story. (You can also see the video here. Sorry about the ads. They are beyond our control.) 
As Lunzer tells us, the Talmud was obtained from Venice to help King Henry VIII find a way to divorce his wife (and former sister-in-law) Catherine, and so be free to marry Ann Boleyn. In fact, it’s a little bit more complicated than that. Behind the scenes were Christian scholars who struggled to reconcile the injunction against a man marrying his sister-in-law found in one part of the Bible, with the command to do so under specific circumstances, found in another. In fact the legality of Henry’s marriage had been in doubt for many years, which is why Henry had obtained the Pope’s special permission to marry.
John Stokesley, who later became Bishop of London, argued that the Pope had no authority to override the word of God that forbade a man from marrying his brother’s wife. As a result the dispensation the Pope had given was meaningless, and Henry’s marriage was null and void. In this way, Henry was free to marry.  But what did Stokesley do with the passages in Deuteronomy that require yibum?  He differentiated between them.  The laws in Leviticus, he claimed, were both the word of God and founded on natural reason. In this way they were moral laws; hence they applied to both Jew and Christian.  In contrast, the laws found in Deuteronomy, were judicial laws, which were ordained by God to govern (and punish) the Jews – and the Jews alone. They were never intended to apply to any other people, and so Henry’s Christian levirate marriage to Catherine was of no legal standing. There was therefore no impediment for Henry to marry Ann. As you can imagine, this rather pleased the king.
It remains unclear whether the Valmadonna Library Bomberg Talmud is indeed the very same one that Henry had imported from Venice. According to Sotheby’s and at least one academic, it actually came from the library of an Oxford professor of Hebrew, who bequeathed it to the Abbey. In any event, a Bomberg Talmud lay undisturbed at Westminster Abbey for the next four hundred years.  How Lunzer obtained it for his library is possibly the greatest story in the annals of Jewish book collecting. In the 1950s there was an exhibition in London to commemorate the readmission of the Jews to England under Cromwell. Lunzer noted that one of the books on display, from the collection of Westminster Abbey, was improperly labeled, and was in fact a volume of a Bomberg Talmud. Lunzer called the Abbey the next day, told them of his discovery, and suggested that he send some workers to clean the rest of the undisturbed volumes.  They discovered a complete Bomberg Talmud in pristine condition, and Lunzer wanted it. But despite years of negotiations with the Abbey, Lunzer’s attempts to buy the Talmud were rebuffed.  
Then in April 1980, Lunzer’s luck changed. He read in a brief newspaper article that the original 1065 Charter of Westminster Abbey had been purchased by an American at auction, but because of its cultural significance the British Government was refusing to grant an export license. Lunzer called the Abbey, was invited for tea, and a gentleman’s agreement was reached. He purchased the Charter from the American, presented it to the Abbey, and at a ceremony in the Jerusalem Chamber of Westminster Abbey the nine volumes of Bomberg’s Babylonian Talmud were presented to the Valmadonna Trust. It’s a glorious story, and it’s so much better when Lunzer himself tells it, as he does here: (You can also see the video here,and end it at 14.35. We continue to apologize for those ads.)

The Valmadonna Trust Library – all of its 13,000 books and manuscripts, including the Westminster Abbey Talmud, is now on sale at Sotheby’s in New York. It can be yours for about $35 million.  But if you buy it, you must agree to two conditions set by Lunzer: that the Library remain whole, and that it be made available to scholars. In that way, just as I once held that magical Talmud, others may continue to do so. 



Another “Translation” by Artscroll, the Rogochover and the Radichkover

Another “Translation” by Artscroll, the Rogochover and the Radichkover
Marc B. Shapiro
1. As I discuss in Changing the Immutable, sometimes a choice of translation serves as a means of censorship. In other words, one does not need to delete a text. Simply mistranslating it will accomplish one’s goal. Jay Shapiro called my attention to an example of this in the recent ArtScroll translation of Sefer ha-Hinukh, no. 467.  
In discussing the prohibition to gash one’s body as idol-worshippers so, Sefer ha-Hinukh states:

אבל שנשחית גופנו ונקלקל עצמנו כשוטים, לא טוב לנו ולא דרך חכמים ואנשי בינה היא, רק מעשה המון הנשים הפחותות וחסרי הדעת שלא הבינו דבר במעשה הא-ל ונפלאותיו.

The Feldheim edition of Sefer ha-Hinnukh, with Charles Wengrov’s translation, reads as follows:

But that we should be be destructive to our body and injure ourselves like witless fools—this is not good for us, and is not the way of the wise and the people of understanding. It is solely the activity of the mass of low, inferior women lacking in sense, who have understood nothing of God’s handiwork and his wonders.

This is a correct translation. However, Artscroll “translates” the words המון הנשים הפחותות וחסרי הדעת as “masses of small-minded and unintelligent people.” This is clearly a politically correct translation designed to avoid dealing with Sefer ha-Hinukh’s negative comment about the female masses. I will only add that Sefer ha-Hinukh’s statement is indeed troubling. Why did he need to throw in “the women”? His point would have been the exact same leaving this out, as we can see from ArtScroll’s “translation.” Knowing what we know about the “small-minded unintelligent” men in medieval times, it is hard to see why he had to pick on women in this comment, as the masses of ignorant men would have also been a good target for his put-down.

2. In my post here I wrote:

One final point I would like to make about the Rogochover relates to his view of secular studies. . . . Among the significant points he makes is that, following Maimonides, a father must teach his son “wisdom.” He derives this from Maimonides’ ruling in Mishneh Torah, Hilkhot Rotzeah 5:5:

הבן שהרג את אביו בשגגה, גולה. וכן האב שהרג את בנו בשגגה, גולה על ידו, במה דברים אמורים. כשהרגו שלא בשעת לימוד, או שהיה מלמדו אומנות אחרת שאינו צריך לה. אבל אם ייסר את בנו כדי ללמדו תורה או חכמה או אומנות ומת פטור

He adds, however, that instruction in “secular” subjects is not something that the community should be involved in, with the exception of medicine, astronomy, and the skills which allow one to take proper measurements, since all these matters have halakhic relevance. In other words, according to the Rogochover, while Jewish schools should teach these subjects, no other secular subjects (“wisdom”) should be taught by the schools, but the father should arrange private instruction for his son.

 רואים דהרמב”ם ס”ל דגם חכמה מותר וצריך אב ללמוד [!] לבנו אבל ציבור ודאי אסורים בשאר חכמות חוץ מן רפואה ותקפות [!] דשיך [!] לעבובר [צ”ל לעבור] וגמטרא [!] השייך למדידה דזה ג”כ בגדר דין

He then refers to the Mekhilta, parashat Bo (ch. 18), which cites R. Judah ha-Nasi as saying that a father must teach his son ישוב המדינה. The Rogochover does not explain what yishuv ha-medinah means, just as he earlier does not explain what is meant by “wisdom,” but these terms obviously include the secular studies that are necessary to function properly in society.

Dr. Dianna Roberts-Zauderer takes issue with my assumption that “wisdom” (חכמה), the word used by Maimonides, includes what I have termed “secular studies”. (The Touger translation also has “secular knowledge”). She correctly points out that when the medievals used the word חכמה it means philosophy. She adds: “Does it not make sense that Maimonides would advocate the learning of philosophy? Or that the Rogochover would forbid the learning of philosophy in yeshivot, but only permit it at home with a teacher hired by the father?”
Although the term חכמה often means philosophy, I do not think we must assume that this is its meaning in Hilkhot Rotzeah 5:5. Based on parallel passages in Maimonides’ writings where the same halakhah is mentioned, R. Nachum Eliezer Rabinovitch claims that the word חכמה in this case actually means good character traits.[1] He sums up his discussion as follows:
כוונת רבינו אחת היא בכל המקומות, דהיינו לימוד מדות הנקרא חכמה
Quite apart from this, in my discussion I was dealing with how the Rogochover understood the passage in Maimonides. We have to remember the context of the Rogochover’s letter. He was asked about the study of secular subjects, as was the practice among the German Orthodox. He was not asked about the study of philosophy per se. Furthermore, in the passage cited from manuscript by R. Judah Aryeh Wohlgemuth,[2] which I referred to in the previous post, the Rogochover specifically understands Maimonides’ term חכמה in Hilkhot Rotzeah 5:5 as meaning שאר החכמות, which he identifies with what R. Judah ha-Nasi calls ישוב המדינה. 
Regarding the Rogochover, there are a few things people mentioned to me after seeing my post which I think are worthwhile to record. Dr. Rivka Blau, the daughter of R. Pinchas Teitz, told me that her uncle, R. Elchanan Teitz, would on occasion cut the Rogochover’s hair.
In the post I mentioned how the Rogochover acknowledged that his learning Torah while sitting shiva was a sin, but he did so anyway as the Torah was worth it. R. Yissachar Dov Hoffman called my attention to the following comment about this by R. Ovadiah Yosef, Meor Yisrael, Berakhot 24b:
לפע”ד לא יאומן כי יסופר שת”ח יעבור על הלכה פסוקה בטענה כזו. והעיקר דס”ל כמ”ש הירושלמי פ”ג דמ”ק שאם היה להוט אחר ד”ת מותר לעסוק בתורה בימי אבלו, דהו”ל כדין אסטניס שלא גזרו בו איסור רחיצה מפני צערו.
In the post I mentioned that the Shibolei ha-Leket appears to be the only rishon who adopts the position of the Yerushalmi referred to by R. Ovadiah. R. Yissachar Dov Hoffman called my attention to R. Yehudah Azulai, Simhat Yehudah, vol. 1, Yoreh Deah no. 40, which is a comprehensive responsum on the topic of a mourner studying Torah. R. Azulai notes that a few recently published texts of rishonim record the position of the Yerushalmi. He also mentions that according to some rishonim the prohibition is only to study on the first day of mourning. In studying R. Azulai’s responsum, I found another source that could be used to defend the Rogochover’s learning Torah during shiva. R. Meir ben Shimon ha-Meili writes:[3]
ונראה לומר דלדברי כל פוסקים העיון מבלי הקריאה מותר, שאינו אלא הרהור בעלמא, ולא חמיר אבלות משבת דאמרינן דבור אסור הרהור מותר, וכל שכן הרהור בדברי תורה לאבל שהוא מותר . . . והלכך מותר לו לאבל לעיין בספר, ובלבד שלא יקרא בו בפיו.
R. Meir ben Shimon adds that despite what he wrote, the common practice is for a mourner not to read any Torah books. Yet as we can see, he believes that this is halakhically permitted as long as one does not read out loud.
R. Chaim Rapoport called my attention to the following passage in a new book about the late rav of Kefar Habad, Ha-Rav Mordechai Shmuel Ashkenazi (Kefar Habad, 2017), p. 546:
יצוין בהקשר זה למעשה משעשע, ששח הרב אשכנזי בשם הרה”ח ר’ אליהו חיים אלטהויז הי”ד, אודות אסיפה שכינס הרבי הריי”ץ עם הגיעו לריגה שבלטביה. הרוגצ’ובר נכח באותה ישיבה, ומשנמשכו הנאומים, התקשה הגאון לשבת במנוחה, והוא הסיר את כובעו והשליכו על הבקבוקים שניצבו על השולחן, תוך שערם כוסות שורה על שורה בפירמידה, וכן שפך מים מכוס אחת לשנייה וכדומה.
הרב ד”ר מאיר הילדסיימר [!] ע”ה מברלין, שהיה יקה מובהק, תהה לפשר התופעה והתקשה להכילה. הרבי הריי”ץ חש בפליאתו וציין באוזניו, כי הרוגצ’ובר הינו “שר התורה, וכל רז לא אניס ליה”. השיב הרב הילדסהיימר: “הכול טוב ויפה, אולם נורמאלי זה לא”.
I am surprised that such a passage, using the words “not normal” about behavior of the Rogochover, was published, especially in a Habad work. As is well known, there is a special closeness in Habad to the Rogochover, as he himself was from a Habad family (although it was not Lubavitch but from the Kopust branch of Habad).[4]
Ha-Rav Mordechai Shmuel Ashkenazi also has a number of other stories about the Rogochover. The following appears on p. 211: Once R. Jacob David Wilovsky of Slutzk visited R. Meir Simhah of Dvinsk and told him that he wanted to also visit the Rogochover. R. Meir Simhah attempted to dissuade him, saying that the Rogochover would put him down like he puts everyone down. Yet R. Wilovsky visited him and the Rogochover did not put him down. He said to the Rogochover, “I heard that you put down everyone, but I see that you treat me with respect.” The Rogochover replied, “I put down gedolim, not ketanim.”
In my post on the Rogochover, I showed this page from R. Menahem Kasher’s Mefaneah Tzefunot (Jerusalem, 1976), p. 2.

I wrote:
Look at the end of the first paragraph of the note on p. 2. The “problematic” quotation of the Rogochover, saying that he will happily be punished for his sin in studying Torah, as the Torah is worth it, has been deleted. Instead, the Rogochover is portrayed as explaining his behavior as due to the passage in the Yerushalmi. While all the other authors who discuss this matter and want to “defend” the Rogochover claim that his real reason for studying Torah was based on the Yerushalmi, in R. Kasher’s work this defense is not needed as now we have the Rogochover himself giving this explanation!
Yet the Rogochover never said this. R. Zevin’s text has been altered and a spurious comment put in the mouth of the Rogochover. By looking carefully at the text you can see that originally R. Zevin was quoted correctly. Notice how there is a space between the first and second paragraphs and how the false addition is a different size than the rest of the words. What appears to have happened is that the original continuation of the paragraph was whited out and the fraudulent words were substituted in its place. Yet this was done after everything was typeset so the evidence of the altering remains.
I had forgotten that the 1976 edition of Mefaneah Tzefunot, which is the one found on Otzar ha-Hokhmah and hebrewbooks.org, was the second publication of the book. I thank David Scharf for reminding me of this and for sending me copies of the following pages. Here are the Hebrew and English title pages of the first edition.

Notice how the two title pages have different publication dates. At that time, Yeshiva University was helping to fund R. Kasher’s work on the Rogochover.[5]
Here is page 2 of the preface.

As you can see, in the original publication the text from R. Zevin appears in its entirety. It is only in the second edition that R. Kasher altered what R. Zevin wrote.
There is a good deal more to say about the Rogochover, so let me add another point. In 1892 R. Dov Baer Judah Leib Ginzberg published his Emunat Hakhamim. Included in it, on pages 23b-24b, is a report of how the Rogochover understood the time of death. I believe that what he states can be used to support the argument that brain death is equal to halakhic death. Here are the pages.

The matter of antinomianism, and in particular the Rogochover violating halakhah in the name of a higher purpose, is of interest to many people. In a future post I will cite an example concerning which I think everyone (or most everyone) will agree that even though the halakhah is clear, nevertheless, even the most pious will not hesitate to violate the halakhah in this particular case, again, because of a larger concern.
For now, I want to call attention to another who, like the Rogochover, was very unusual. R. Shlomo Aviner writes as follows:[6]

בישיבת “מרכז הרב” היה גאון אחד בשם הרדיצ’קובר, שהיה מתנהג בצורה משונה. הוא היה נכנס לשירותים עם ספר הרמב”ם. אמרו לו: אסור! ותשובותו: “הרי גם הרמב”ם עצמו היה נכנס לשרותים!”כשנפטר, היו האנשים נבוכים בהספד שלו, שהרי היה תלמיד חכם, אך התנהג בצורה מוזרה מאד. הרב נתן רענן, חתנו של מרן הרב, הספיד אותו ואמר, שגדולתו היתה אהבת התורה, ומרוב אהבת התורה עשה דברים שלא יעשו. הוא חטא חטאים שנבעו מאהבת התורה.

R. Aviner speaks about a gaon known as the Radichkover who was quite strange. He would go into the restroom holding a copy of the Mishneh Torah. When he was told that this is forbidden, he replied that Maimonides himself went to the restroom! In other words, if Maimonides could go into the restroom then certainly his book can be brought into it. The Radichkover actually tells this story himself about bringing R. Reuven Katz’s book, Degel Reuven, into the restroom.[7]
When he died, people did not know how to eulogize him, because on the one hand he was a great talmid hakham, but on the other hand he acted in a very strange manner. R. Aviner tells us that R. Natan Ra’anan, the son-in-law of R. Kook, delivered the eulogy and said that his greatness was his love of Torah, and due to this great love he did things that were improper. “He sinned yet these sins arose from his love of Torah.”
It is obviously not very common that a eulogy mentions improper things done by the deceased. It is also understandable why, due to his unconventionality, the Radichkover reminds people of the Rogochover. For those who have never heard of him, his name was R. Yaakov Robinson (1889-1966), and before coming to Eretz Yisrael he studied with R. Baruch Ber Leibowitz. You can read more about him here and here. Two responsa in R. Moshe Feinstein’s Iggerot Moshe were sent to the Radichkover. Both of these responsa are from 1933, when R. Moshe was still in Russia.[8]
If you look at the Wikishiva page on the Radichkover here, it says that he died in 1977. So how do I know that this is incorrect and that he died in 1966? Because he died at the same time as R. Jehiel Jacob Weinberg. Here is a page from Beit Yaakov, Shevat 5726, p. 31, and you can see the announcement of both of their funerals.

It is typical of an Agudah publication like Beit Yaakov that it would falsely state that R. Weinberg was connected for many years with Agudat Israel. This is as false as the newspaper’s statement that he served as rosh yeshiva in Montreux.
A number of sharp comments of the Radichkover became well known in the Jerusalem yeshiva world and are mentioned in the two sites I linked to above. See also here for more of his sayings. Here is one I liked, which was written by the Radichkover in one of his works (mentioned here).[9]
הבוקר אחרי התפילה ניגש אלי יהודי ושאל אותי למה אני יושב ב”ויברך דוד”. חשבתי לעצמי, זה שאני יושב בלי אשה, זה לא מפריע לו, זה שאני יושב בלי פרנסה, זה לא מפריע לו, מה כן מפריע לו, שאני יושב בויברך דוד . . .
Here is another great story dealing with the Hazon Ish (mentioned here)
ר’ יענקל היה נתון תדיר בתחושת רדיפה. מעולם לא אכל אוכל שלא הכין בעצמו ועוד שאר דברים ע”ז הדרך. פעם נזעק לביתו של החזון אי”ש בטענה כי אחדים מבני הישיבה ניסו להרעילו. מה עליו לעשות. שאלו החזון אי”ש: “מה שמו בכוס קודם – את התה או את הסם”. הרהר ר’ יענקל קלות וענה: “קודם את התה ואח”כ את הסם”. נענה החזו”א: “אנחנו הרי פוסקים שתתאה גבר”. ונח דעתיה.
In the recently published conversations of the late R. Meir Soloveitchik, Da-Haziteih le-Rabbi Meir, vol. 1, p. 159, the Hazon Ish’s wife is quoted as saying as follows about the Radichkover: 

מה”שברי לוחות”, אפשר לראות ולשער מה היו הלוחות השלמות, כאשר היה בריא

While the Radichkover never published any full-length books, he published a number of short pieces. Here is the first page of his Masa Dumah.

Here is the first page of his Olam Gadol Oleh ve-Olam Katan Shokea.

A short glance at either of these works should suffice to show that we are not dealing with a “normal” talmid hakham. In Olam Gadol, p. 10, he reports that the Rogochover said about him that he was the greatest Torah scholar alive! Here is page 15 of Olam Gadol. It hardly needs to be said that what he includes here about the locked rest rooms is not the typical material found in seforim.

In Masa Dumah, p. 8, he makes the following sharp comment about R. Joseph Kahaneman. “They asked me in the Ponovezh yeshiva, what I have to say about the Ponovezher Rav. I said to them that he is greater than the Maharal of Prague. The Maharal created one golem and he created three hundred golems. The Ponovezh Yeshiva is a factory for am ha’aratzut.”
Excursus
The people who saw the Radichkover sitting during Vayvarekh David were bothered since everyone knows that this is recited standing. The ArtScroll siddur states: “One must stand from ויברך דויד until after the phrase אתה הוא ה’ הא-להים, however there is a generally accepted custom to remain standing until after ברכו.” I don’t like this formulation. On what basis can ArtScroll state that “one must stand”? The word “must” means that we are dealing with a halakhah, i.e., an obligation. But that is not the case at all. Standing in Vayvarekh David is only a minhag, like much else we do in the prayers.[10] As such, I think it would have been proper for ArtScroll to write, “The generally accepted practice is to stand from ויברך דויד” etc.
R. Moses Isserles, Shulhan ArukhOrah Hayyim 51:7, refers to standing in Vayvarekh David, and his language is as follows:[11]
ונהגו לעמוד כשאומרים ברוך שאמר ויברך דוד וישתבח

On this passage, the Vilna Gaon writes: לחומרא בעלמא, “it is only a stringency”. R. Jehiel Michel Epstein, Arukh ha-Shulhan, Orah Hayyim 51:8, also writes that there is no halakhah to stand for Vayvarekh David.
ומצד הדין אין שום קפידא לבד בשמ”ע ומחויבים לעמוד וקדושה וקדיש וברכו.
R. Epstein returns to this matter in Arukh ha-Shulhan, Yoreh Deah 214:23. This passage is not well known as this volume of Arukh ha-Shulhan was only printed in 1991 and is not included in the standard sets of Arukh ha-Shulhan that people buy. R. Epstein writes:
מדינא דגמ’ מותר לישב בכל התפלה לבד שמונה עשרה דצריך בעמידה ושיש הרבה נוהגים ע”פ מה שנדפס בסידורים לעמוד כמו בויברך דוד וישתבח ושירת הים וכיוצא בהם גם זה אינו מנהג לקרא למי שאינו עושה כן משנה ממנהג וראיה שהרי יש מן הגדולים שחולקים בזה.
According to R. Epstein, one does not even violate a minhag by sitting for Vayvarekh David and the rest of the prayers through Yishtabah.
So we see that when it comes to standing, Vayvvarekh David has the same status as Yishtabah, i.e., standing for both is minhag. Yet ArtScroll mistakenly separates the two, regarding the standing for Vayvarekh David as halakhah and the standing for Yishtabah (and everything in between) as “a generally accepted custom.” It is worth noting that the Mishnah Berurah, Orah Hayyim 51:19, only mentions the custom of standing in Vayvarekh David, not the current practice of standing until after Yishtabah. I must note, however, that the Kaf ha-Hayyim, Orah Hayyim 51:43, quotes R. Isaac Luria that one has to stand, צריך לעמוד, during Vayevarekh David. This is similar to ArtScroll’s formulation, but I find it hard to believe that ArtScroll’s instructions are based on kabbalistic ideas.
R. Jacob Moelin (the Maharil) did not stand for Vayvarekh David. See Sefer Maharil, Makhon Yerushalayim ed., Hilkhot Tefilah, no. 1, p. 435, and R. Yair Hayyim Bacharach, Mekor Hayyim 51:7. See also R. Jacob Sasportas, Ohel Yaakov, no. 74, for a report that in Hamburg they did not stand for Vayvarekh David.
R. Samuel Garmizon (seventeenth century), Mishpetei Tzedek, no. 70, was asked about someone who was accustomed to stand in Vayvarekh David (and also in Barukh She-Amar) but now wishes to sit. Is he allowed to? R. Garmizon states that if he mistakenly thought that it was an obligation to stand and has now learned that it is only a pious practice (minhag hasidim), then he is permitted to sit and it is not regarded as if he took on a stringency as an obligation. The Yemenite practice is also not to stand for Vayvarekh David. See R. Yihye Salih, Piskei Maharitz, ed. Ratsaby, vol. 1, p. 118.
While readers might find this all interesting, they might also be wondering what it has to do with the Radichkover, since hasn’t Ashkenazic practice in the last few generations been universally to stand? Actually, this has not been the case. R. Israel Zev Gustman stated that in the Lithuanian yeshivot the practice was to sit for Vayvarekh David, and also for Yishtabah. They only stood for Barukh She-Amar and the kaddish after Yishtabah. See Halikhot Yisrael, ed. Taplin (Lakewood, 2004), p. 117.
R. Shlomo Zalman Auerbach said that the general practice is to sit for Vayvarekh David. See R. Nahum Stepansky, Ve-Alehu Lo Yibol, vol. 1, p. 61:
יש הרבה דברים שכתוב שנהגו לעמוד בהם, ואנחנו רואים שנוהגים שלא לעמוד בהם. ב”ויברך דוד” כותב הרמ”א שנהגו לעמוד – ולא עומדים.
I find this astounding. I have been to Ashkenazic synagogues all over the word and I have never seen people sit for Vayvarekh David. Yet R. Shlomo Zalman says that this is what people do. This passage comes from a discussion of how R. Shlomo Zalman dealt with a young yeshiva student who pressed him that people in the synagogue should stand when someone gets an aliyah and recites Barkhu. R. Shlomo Zalman replied that the minhag is to sit, adding, “You don’t see what people do?!” In other words, the fact that people sit when someone gets an aliyah shows us that this is the minhag and it should not be changed, despite what might appear in various halakhic texts.
Regarding standing during prayers, I have noticed something else. When I was young many of the old timers would sit for the various kaddishes. Today, in the Ashkenazic world, it seems that everyone stands for every kaddish, and this is in line with what R. Moses Isserles writes in Shulhan Arukh, Orah Hayyim 56:1. Also, it seems that for the communal mi-sheberakh for sick people everyone also stands, and in some shuls they announce that everyone should stand. Why is this done? I cannot think of any reason to stand for this mi-sheberakh unless it is a way to get people to stop talking. 

Michael Feldstein recently commented to me that in the last ten years or so he has seen something that did not exist in earlier years, namely, people standing for Parashat Zakhor. I, too, noticed this in my shul, but it has only been going on for a year or two. This year, no one announced that people should stand. Some just stood up on their own and pretty much the entire shul then joined in. Unless the rabbis start announcing that people can sit down, in a few years it will probably become obligatory to stand for Parashat Zakhor, much like it now seems to be obligatory to repeat the entire verse, whereas when I was young the only words to be repeated were תמחה את זכר עמלך. (I always paid attention to this as Ki Tetze is my bar mitzva parashah.) Today, if the Torah reader tries to repeat only these words, they will tell him to go back and repeat the entire verse. What we see from all of this is that customs are constantly being created, and they often arise from the “ritual instinct” of the people, without any rabbinic guidance.

Two final points: 1. In the word ויברך the yud is a sheva nah (silent shewa). 2. The accent is on the second to last (penultimate) syllable, the ב, not on the final syllable, the ר. This word also appears in Friday night kiddush, and it is very common to hear people, including rabbis, make the mistake of treating the yud as a sheva na (vocal shewa) and also putting the accent on the last syllable. Many people also make a mistake at the beginning of kiddush by pronouncing the word ויכלו with the accent on the second to last syllable, the כ, when it should be on the last syllable, the ל. Another common pronunciation mistake is found in the Shabbat morning kiddush. וינח has the accent on the second to last syllable, the י, not on the final syllable, the נ.

Regarding the instructions in the ArtScroll siddur, another example of confusion is found in the commentary on Av Ha-Rahamim, pp. 454-455. ArtScroll writes:
As a general rule, the memorial prayer [Av ha-Rahamim] is omitted on occasions when Tachanun would not be said on weekdays, but there are any numbers of varying customs in this matter and each congregation should follow its own practice. During Sefirah, however, all agree that אב הרחמים is recited even on Sabbaths when it would ordinarily be omitted, because many bloody massacres took place during that period at the time of the Crusades. Here, too, there are varying customs, and each congregation should follow its own.
In the second-to-last sentence, ArtScroll says that “all agree”, but in the very next sentence it states that “there are varying customs.” If there are varying customs, then obviously not “all agree”. Incidentally, R. Zvi Yehudah Kook said Av ha-Rahamim every Shabbat, i.e., even when the accepted minhag is to omit it, since he felt that after the Holocaust this was the appropriate thing to do. See Va-Ani be-Golat Sibir (Jerusalem, 1992), p. 298.
Finally, since I have been speaking about different customs in prayer, I should mention something that I forgot to include in my post here, dealing with China. I believe that, outside of Israel, there is only one Ashkenazic synagogue in the world that has birkat kohanim every day.[12] This is Ohel Leah in Hong Kong. (R. Mordechai Grunberg, who has traveled all over the world as an OU mashgiach and currently works in China, told me that as far as he knows this statement is correct. I had the pleasure to spend Shabbat with him and three mashgichim from the Star-K at the wonderful Chabad House in Shanghai in June 2018.)  
I have no doubt that the reason for the Ohel Leah minhag is because its nineteenth-century community was Sephardic. At some time in the twentieth century (no one was able to tell me when) the liturgy became Ashkenazic, but the daily birkat kohanim was kept. Interestingly, although the liturgy is Ashkenazic, it is nusah sefard. I assume the reason for this is that when they decided to adopt the Ashkenazic liturgy they wanted it to still have a Sephardic flavor, and that is why they chose nusah sefard.
* * * * * * *
2. Simcha Goldstein called my attention to how earlier this year the 5 Towns Jewish Times “touched up” a picture of Ivanka Trump.

3. Here is a painting of the Rav, R. Joseph B. Soloveitchik. It was commissioned by his wife when he was fifty years old. The Rav later gave this painting to Rabbi Julius Berman, and it is currently hanging in his home. I thank Rabbi Berman who graciously allowed me to publish a picture of the painting.

4. Tzvi H. Adams contributed three fascinating and thought-provoking posts to the Seforim Blog dealing with the impact of Karaism on rabbinic literature. He has now published a comprehensive article on this matter in Oqimta, available here. Its title is “The Development of a Waiting Period Between Meat and Dairy: 9th-14th Centuries.” There is a good deal to say about this article, but let me just make a couple of comments. On p. 4 he writes:

Even many minhagim extant today were arguably initiated as a response to the Karaite movement. For example, many historians agree that the recital of the 3rd chapter from Mishnat Shabbat, “Bamme Madlikin,” on Friday evenings following the prayer service was introduced during the time of the geonim with the intent of reinforcing the rabbinic stance on having fire prepared before Shabbat, in opposition to the Karaite view that no fire may be present in one’s home on Shabbat.[13] Similar arguments have been made for the origins of the custom of reading Pirkei Avot, the introduction of which traces rabbinic teachings to Sinai, on Shabbat afternoons. Recent scholarship has demonstrated that the creation of Ta’anit Esther in geonic times was likely a reaction to Karaite practices. 
Later in the article, p. 57 n. 141, Adams mentions what might be the most prominent example of a response to Karaite practices, namely, reciting a blessing on the Shabbat candle. This blessing does not appear in the Talmud.[14] It is a geonic innovation, and according to R. Kafih it was instituted in opposition to the Karaite view that no fire should be burning in one’s home on the Sabbath.[15] He argues that by adding a blessing to the candle lighting, the geonim created an anti-Karaite ritual. While the Karaites would sit in the dark every Friday night, not only would the Jews have light, but they would recite a blessing before lighting the candle,[16] thus showing their rejection of the Karaite position.[17] R. Meir Mazuz makes the exact same point,[18] as does R. Abraham Eliezer Hirschowitz,[19] Isaac Hirsch Weiss,[20] Jacob Z. Lauterbach,[21] and Naphtali Wieder.[22]
In fact, some have argued that not only the blessing but the candle lighting itself was instituted in response to heretics who did not use fire on the Sabbath. As Lauterbach states, “It was as a protest against the Samaritans and the Sadducees.”[23] R. Kafih sees R. Joseph Karo as sharing this opinion. He writes as follows, quoting Maggid Meisharim (and assuming that what the Maggid says represents R. Karo’s view).[24]
וכתב מרן בספרו מגיד מישרים ר”פ ויקהל ואמר ביום השבת, למימר דדוקא ביום השבת גופיה הוא דאסור לאדלקא, אבל מבעוד יום לאדלקה ליה ויהא מדליק ומבעיר ביומא דשבתא שרי. ולאפוקי מקראים דלית להו בוצינא דדליק ביומא דשבתא ע”ש. נראה שגם מרן ראה בחובת הדלקת נר בשבת גם פעולה נגד דעות הכופרים בתורה שבע”פ שעליהם נאמר ורשעים בחשך ידמו.
Regarding the Shabbat candle, it is also worth noting that R. Judah Leib Landsberg actually stated that the practice of candle lighting was adopted from the Persians. Since the Jews were so attached to what was a pagan practice, Ezra and Nehemiah directed this practice towards a holy purpose, much like the origin of sacrifices was explained by Maimonides.[25]
ואפילו היה דומה למנהגי הפרסיים, לא היה ביד עזרא ונחמיה הכח והרצון לעקור המנהג הנשתרש באומה משנים קדמוניות, ולכבה האש זר “החברים” מבית ישראל. ובכל זאת למען תת לו איזה חינוך קדושה קדשוהו ותקנוהו להדליק האש של חול לנר קודש לקדושת השבת, כסברת הרמב”ם ז”ל בענין קרבנות כנודע.
He later acknowledged that this was not a serious explanation and claimed that the practice of candle lighting went back to Moses.[26]
One final comment about Karaites: Rashi, Sukkah 35b, s.v. הרי יש, has a strange formulation. In discussing the prohibition to redeem terumah so that an Israelite could eat it, Rashi writes:

הרי יש בה היתר אכילה לכהן, וישראל נמי נפיק בה, או לקחה מכהן הואיל ויכול להאכילה לבן בתו כהן, אבל פדיון אין לה להיות ניתרת לאכילת ישראל, והאומר כן רשע הוא


How is it that Rashi refers to one who makes a mistake in this matter as a רשע? Many people have attempted to explain this passage. R. Isaac Zev Soloveitchik noted that there must have been a sect that believed that it was permitted to redeem terumah, and that is why Rashi responded so sharply.[27] Regarding this suggestion of R. Soloveitchik we can say, חכם עדיף מנביא.

R. Tuvya Preschel’s Ma’amrei Tuvyah, volume 3, recently appeared. On p. 67 it reprints an article that appeared in Sinai in 1966. Preschel points out that the notion that terumah can be redeemed is stated by none other than Anan ben David in his Sefer ha-Mitzvot. It appears that Rashi knew of this Karaite opinion and this explains his harsh reaction. This was a great insight by Preschel, Unfortunately, while this insight has been cited by many in the last fifty years, Preschel is almost never given credit.
5. Many countries in Europe have Stolpersteins. These are brass plates, created by the artist Gunter Demnig, commemorating martyrs of the Holocaust. They are put in the pavement in front of buildings where the martyrs lived. A few years ago Demnig also started doing this for survivors of the Holocaust. I arranged to have one made for R. Jehiel Jacob Weinberg.
After almost two years of waiting, I am happy to report that on June 18, 2018, a Stolperstein was placed at Wilmersdorfer Strasse 106, in Berlin. There was a little ceremony when the Stolperstein was inserted. Here is a picture of Demnig installing it as well as some other pictures that I think people will find moving.

[1] Yad Peshutah, Hilkhot Rotzeah 5:5.
[2] Yesodot Hinukh ha-Dat le-Dor (Riga, 1937), p. 250.
[3] Sefer ha-Meorot, Moed Katan, ed. Blau (New York, 1964), pp. 73-74 (to Moed Katan 20a).
[4] For a great story about the Rogochover told by R. Menahem Mendel Schneerson, see Likutei Sihot, vol. 16, pp.  374-375.
[5] Yeshiva University’s Gottesman Library also has a large archive of over 2500 letters and postcards sent to the Rogochover. This material was sent to the United States before World War II by the Rogochover’s daughter. I published a lengthy letter from this collection in my article on the dispute over the Frankfurt rabbinate. See Milin Havivin 3 (2007), pp 26-33.
The Zaphnath Paneah Institute at YU no longer exists. When I look at old material from YU, I often come across things that are now only a memory. Here is something I think people might find interesting.

(Unfortunately, the picture I took is not so clear.) The Beit Midrash li-Gedolei Torah was the name of a kollel at YU in the 1940s and 1950s headed by R. Avigdor Cyperstein. I thank his daughter, Mrs. Naomi Gordon, for allowing me to go through his papers where I found the stationery with the name of the kollel. R. Gedaliah Dov Schwartz was actually a member of this kollel. See Ha-Pardes, Tevet 5751, p. 58 and Kislev 5752, p. 1. Today YU has a number of kollels, see here, but none with this name. Does anyone know when this kollel stopped functioning?

[6] Mi-Shibud li-Geulah mi-Pesah ad Shavuot (n.p., 1996), p. 87.
[7] See his Masa Dumah, p. 4.
[8] Iggerot Moshe, Yoreh Deah, vol. 1, nos. 4, 74. The first responsum mistakenly has the place of authorship as London, when it should say Luban. The city name appears correctly in the second responsum, which was written on the same day as the first. See here.
[9] See the Excursus where I discuss standing for Vayvarekh David.
[10] Saying Vayvarekh David is itself only a minhag. See Tur, Orah Hayyim 51:7:
ובתקון הגאונים כתוב יש נוהגים לומר ויברך דוד את ה’

[11] In Darkhei Moshe, Orah Hayyim 51 he writes:

המנהג עכשיו לעמוד מויברך דוד עד תפראתך
From his words we see that people only stood for the first half of Vayvarekh David.
[12] There is a lot of confusion as to how to pronounce the word ברכה in both the singular and plural construct: ברכת and ברכות. The first is pronounced birkat, as there is a dagesh in the כ. The second is pronounced birkhot, as there is no dagesh in the כ, and is parallel to the word הלכות – hilkhot. Interestingly, ברכתי (“my blessing”) does not have a dagesh in the כ even though ברכת does. I don’t think that there is any grammatical rule that can adequately explain all this. We know how the words related to ברכה are pronounced because they are attested to numerous times in Tanakh.

The word הלכות does not appear in Tanakh, and the Yemenite tradition is actually to pronounce it as hilkot, with a dagesh in the כ. See here. When not quoting from Tanakh, the Yemenite tradition is also to pronounce ברכת as birkhat, as in birkhat ha-mazon. See here.
[13] It is not only historians who say this. See R. Yitzhak Yeshaya Weiss, Birkat Elisha (Bnei Brak, 2016), vol. 3, p. 37, and see also R. Shimon Szimonowitz, Meor Eifatekha, p. 4, who cites R. Jacob Schorr and R. Serayah Deblitsky.
[14] A number of Ashkenazic rishonim quote a passage from the Jerusalem Talmud that speaks of a blessing on the Sabbath light, yet this is not found in any extant text and scholars agree that it is not an authentic Yerushalmi text. See the comprehensive discussion in R. Ratzon Arusi, “Birkat Hadlakat Ner shel Yom Tov,” Sinai 85 (1979), pp. 63ff. See also Jacob Z. Lauterbach, Rabbinic Essays (Cincinatti, 1951), p. 459 n. 98 and Sefer Ra’avyah, ed. Aptowitzer, vol. 1, p. 263 n. 10.
[15] See Teshuvot ha-Rav Kafih le-Talmido Tamir Ratzon, ed. Itamar Cohen (Kiryat Ono, 2016), pp. 162-163, and R. Kafih’s commentary to Mishneh Torah, Hilkhot Shabbat 5:1, n. 1.
[16] I use the word “candle”, rather than the plural, “candles”, as the practice of lighting two candles only originated later, in medieval Ashkenaz. See R. Gedaliah Oberlander, Minhag Avoteinu Be-Yadenu: Shabbat Kodesh (Monsey, 2010), pp. 11ff. I was surprised to learn that R. Meir Soloveitchik’s daughters each lit a Shabbat candle and recited the blessing from the time they were three years old. See Da-Haziteih le-Rabbi Meir, vol. 1, p. 323.
[17] In later years we find that some Karaites adopted the practice of lighting candles on Friday night. Se Dov Lipetz, “Ha-Karaim be-Lita,” in Yahadut Lita (Tel Aviv, 1959), vol. 1, p. 142
[18] Bayit Ne’eman 38 (25 Heshvan 5777), p. 3, Bayit Ne’eman 118 (10 Tamuz 5778), p. 2 n. 9. In She’elot u-Teshuvot Bayit Ne’eman, p. 190, he does not present this approach as absolute fact, but states that it is “nearly certain”.

וקרוב לודאי שברכת נר שבת נתקנה בימי הגאונים להוציא מדעת הקראים

[19] Otzar Kol Minhagei Yeshurun (St. Louis, 1917), p. 232.
[20] Dor Dor ve-Doreshav (Vilna, 1904), vol. 4, p. 97. Weiss points to other examples of practices that he suggests were a response to Karaites, such as counting the omer at night, betrothing a woman with a ring, and reciting רבי ישמעאל אומר in the morning prayers. R. Judah Leib Maimon claims that the practice of a Saturday night melaveh malka was instituted by the geonim in opposition to the Karaites, who saw the Sabbath as a difficult and depressing day, in contrast to traditional Jews who find it difficult to part with the Sabbath. See Sefer ha-Gra, ed. Maimon (Jerusalem, 1954), vol. 1, p. 80.
[21] Rabbinic Essays, p. 460. He writes that the blessing was “probably intended as a more emphatic protest against the Karaites.”
[22] “Berakhah Bilti Yeduah al Keriat Perek ‘Bameh Madlikin,’” Sinai 82 (1978), p. 217.
[23] Rabbinic Essays, p. 459. See also Yehudah Muriel, Iyunim ba-Mikra (Tel Aviv, 1960), vol. 2, p. 131.
[24] Commentary to Mishneh Torah, Hilkhot Shabbat 5:1, n. 1.
[25] Hikrei Lev (Satmar, 1908), vol. 4, p. 84.
[26] Ibid, pp. 84, 86ff.
[27] Shimon Yosef Meler, Uvdot ve-Hanhagot mi-Beit Brisk (Jerusalem, 2000), vol. 4, p. 310.



Tracing the History of Shavuos Night Learning

Tracing the History of Shavuos Night Learning
By Eliezer Brodt
This article will trace some of the earliest sources for the Minhag observed by many to stay up learning Torah throughout the entire night of Shavuos.[1] At the outset I would like to note that the focus of this article will be not be about the exact seder that was learned i.e. Tikun Lel Shavuos.[2]
Different versions of this article originally appeared in the Kulmos Supplement of Mishpacha in 2014 and then in English in 2015. I returned to all this in my doctorate Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century.[3] This post contains important additions to some of the earlier versions. One day I hope to update it properly.
That the minhag of staying up on Shavuos night to learn was observed widely in recent history is very clear. For example, the author of a nineteenth-century Lithuanian memoir describes how her brothers would stay up the entire night.[4]
In a memoir about Yeshivas Lomza, the author writes in passing “after staying up the whole night, the whole yeshiva would take part in a milchig kiddush at the Rosh Yeshiva’s house”.[5]
Chaim Grade writes: “On the First night of Shavuoth, the lamps in the Beth Medrash and the candelabra were still lit well past midnight. The benches were packed with men from the courtyard and from the neighboring streets who, as the custom on this night, came to study until dawn.”[6] Grade’s books are fiction, but his descriptions are based on life in Vilna.
A bochur describing Shavous in the Mir to his parents in 1938, writes in passing that the bnei hayeshiva had stayed up the whole night learning.[7]
Rav Chaim Stein, Rosh Yeshivah of Telz wrote an incredible World War II diary chronicling his great Mesiras Nefesh for whatever mitzvos he was able to do during that time. He also describes staying up the entire night learning.[8]
Earliest sources
But what are the earliest sources for this practice? It is not mentioned by either R. Yosef Caro or the Rama in Shulchan Aruch’s discussion of the halachos of Shavuos.
One of the earliest printed sources for this custom is a work entitled Sefer Ha-Mussar, authored by Rav Yehudah Kalatz and first printed in 1537, which states that there was a custom to stay up throughout both nights of Shavuos to learn various parts of Tanach and Kabbalah.[9] Today we know that the prior written source for this piece is Rav Dovid ben Rav Yehudah Hachassid.[10] This piece is also printed in the Mateh Moshe of Rav Moshe Meis (1591) without citing its source.[11] In 1558, the Zohar was printed for the first time, and in it we find that “righteous ones” would learn Torah during the entire night of Shavuos.[12] These words of the Zohar are already quoted in two early and important collections of material culled from the Zohar, the Mareh Cohen of Rav Yisachar Katz,[13] first printed in 1588 and in the Yesh Sachir of Rav Yisachar M’Karmintz,[14] first printed in 1609. It is also brought down in important works such as Rav Moshe Makir’s classic Seder HaYom [first printed in 1599],[15] Tikunei Shabbos (1613),[16] Tur Barekes (1650),[17] Heichal Hakodesh (1653)[18] and Sha’arei Tzion (1662).[19]
Who followed this minhag in earlier times?
From the Zohar it appears that this practice is limited to yechidei segulah, select spiritually exalted individuals. This is also how it appears that some sources that quote this Zohar, such as the Heichal Hakodesh, Magen Avraham,[20] Eliyah Rabba[21] and Me’orei Or,[22] understood it.
A number of gedolei Torah themselves wrote of having stayed up learning the whole night of Shavuos. In his Sefer Chizyonos, R’ Chaim Vital writes that he stayed up the whole night of Shavuos learning with the Arizal.[23] The Chida writes in the account of his travels[24] and in his autobiographical cheshbon hanefesh of having done so,[25] as does the Aderes.[26]
But other sources seem to have understood that this is a custom to be followed by all. Rav Moshe Makir in his Seder HaYom writes so clearly, and indeed, in a letter he wrote circa 1610 to Poland, Rav Shlumiel of Tzefas describes how everyone stayed up to learn on Shavuos night in keeping with the Seder HaYom.[27] The Shelah Hakadosh also describes how everyone stayed up learning, as did Rav Moshe Prague in a letter written in 1650 describing the scene in Yerushalayim.[28]
Thus, we see that what was originally a minhag only for the very learned evolved in a few decades into a practice observed by the broad masses. One may conjecture that the spread of the minhag occurred due to the fact that some of the seforim that mentioned it were very popular and widely read.
The promise of the Arizal
Another possible catalyst for the popular adoption of this minhag was the promise of the Arizal that “he who stays up the whole night learning will survive the year and not suffer any harm during the entire year.” This guarantee first appeared in a work called Shulchan Aruch Shel Ha-Arizal printed in 1650,[29] and was later reprinted in numerous widely-read works such as Sha’arei Tzion and Sefer Zechirah.[30]
Relatedly, R. Yosef Kapach, discussing the observance of this minhag in Teiman, writes that this night is a special time during which the gates of Heaven are open for the acceptance of tefillos. He cites a legend of a woman who was looking outside a window and she asked for her head to be made bigger. When that occurred, she could not get her head back inside through the window. It thus became necessary to feed her for the duration of the Yom Tov by means of a ladder, and it was only after Yom Tov, when the window could be broken, that she was finally extricated.[30]
The Visit of the Magid on Shavous night
Yet another reason this minhag may have become so widespread relates to the Maggid, the Heavenly emissary that would regularly visit the Beis Yosef to teach him Torah. The Shelah Hakadosh quotes from a lengthy letter that Rav Shlomo Alkabetz wrote describing the events of one particular Shavuos.[32]
Rav Shlomo Alkabetz writes that he and Rav Yosef Caro along with some others in their circle decided to stay up the whole night of Shavuos learning a specific seder limud from Tanach and Mishnayos. At about midnight, a voice was heard emanating from the throat of Rav Yosef Caro praising them for staying up to learn Torah and advising them that it would be even more praiseworthy if they were to do so with a minyan. And, indeed, the next night, the scene was repeated, this time with a minyan present.
This letter was first printed in 1646 in the introduction to the first edition of the Magid Meisharim, which records the teachings that the Magid conveyed through the Beis Yosef. It was then reprinted by the Shelah Hakadosh in 1648[33] and in the very popular and somewhat controversial anonymous work Chemdas Yomim in 1731.[34]These last two sources contributed to widespread knowledge of the story of the Magid of the Beis Yosef, which, in turn, enabled the minhag of learning throughout Shavuos night to become even more popular.
Why doesn’t Rav Yosef Caro mention this minhag?
In order to consider some possible reasons for the Rav Yosef Caro’s omission of this minhag from both his Shulchan Aruch and his commentary on the Tur, despite the fact that he was personally told by the Magid about the great importance of remaining awake throughout Shavuos night to learn Torah, it is important to first discuss some issues related to the Magid Meisharim.
Many Gedolim merited visits from Magidim who taught them secrets of Torah, but the most famous person to have been so visited was Rav Yosef Caro. Magid Meisharim, the work that emerged from those visits, is comprised mostly of Kabbalistic teachings, although there is some Halachic discussion there as well. Was that work intended only for Rav Yosef Caro or for the general Jewish populace as well? When there is a contradiction between this work and the Shulchan Aruch, according to which of these works are we to rule?
From the fact that numerous Poskim quote from the Magid Meisharim in their halachic works, it would seem that that at least some of the material was intended for everyone. One famous example concerns eating meat on Rosh Hashanah, which the Magid told Rav Yosef Caro not to do.[35] The Magen Avraham and other poskim bring this down, implying that they felt the halachic material in this work is applicable to the masses.[36] Many other examples this are collected in a series of articles written by Rav Klieres in the Torah journal Tzefunot.[37] However, the Munkatcher Rebbe held that the Magid Meisharim was intended for Rav Yosef Caro alone.[38]
A careful examination of the sefer shows that it also contains many hanhagos, practices that are not mandated by Halacha per se, but are recommended for a righteous person to adopt. Some feel that these pieces were meant for the masses, whereas others are of the opinion that these too were meant only for Rav Yosef Caro to follow.[39] Staying up on Shavuos night could be an example of such an hanhaga.[40] There is no halachic obligation to do so, but, as we have seen, it was widely practiced by righteous people, and sometimes the masses adopt such practices.
However, Rav Yaakov Emden brings from his father, the Chacham Tzvi, that the Magid Meisharim did not influence his halachic rulings in any way.[41] In his siddur, Rav Yaakov Emden writes that it is well-known that the Beis Yosef and Rav Shlomo Alkabetz stayed up Shavuos night and were visited by the voice of the Magid, but that this does not obligate the masses to follow suit.[42]
Based on the above, it becomes understandable why R. Yosef Caro did not cite the custom to stay up on Shavuos night in his halachic works despite knowing very well its importance from his Shavuos night experience with the Magid. As important a practice as it is, in his opinion it was not intended for the broader community.
The principle of Lo BaShamayim Hi and the Magid
In truth, there may well be more to the story of why Rav Yosef Caro did not bring this custom down in his halachic works. The Gemarah in Bava Metzia (59b) sets forth is the principle of “Lo BaShamayim Hi“, meaning that the halachic process is not influenced by other-worldly revelations such as a Heavenly voice telling us what to do, or the like.[43] Rav Akiva Yosef Schlesinger uses this axiom to explain why we do not find Rav Yosef Caro bringing anything he learned from the Magid in his Beis Yosef or Shulchan Aruch.[44] This general approach is found by numerous Achronim to dismiss material found in such ‘heavenly’ works to reach halachic conclusions. To list some: R. Alexander Moshe Lapidus,[45] R. Aron Mi-Pinsk,[46] R’ Yitzchack Issac Chaver,[47] and R. Yaakov Emden.[48]
However, the question remains as to why the principle Lo BaShamayim Hi did not prevent various poskim from citing works like that of the Magid in halachic discussions. For example, numerous poskim quote rulings from the Sh’ailos v’Teshuvos Min Hashamayim, in which a rishon collected the responses he received from Heaven in his dreams to questions he had posed before going to sleep.[49]
One possible explanation as to why some poskim cite these works is based on an idea found in the work Seder Mishnah by Rav Zev Wolf Boskovitz.[50] Rav Boskovitz writes that one can rely on such works when their conclusions are not contradicted by anything in Shas.
Other achronim, however, hold that the principle of Lo BaShamayim Hi is applicable under all circumstances and thus, we are not to rely on works like the Magid Meisharim and Sh’ailos v’Teshuvos Min Hashamayim for practical guidancePerhaps, then, Rav Yosef Caro held a similar position as these achronim and for this reason never quotes the Magid in his halachic works.
The Magen Avraham and the Shavuos night minhag
One final point: According to most of the early sources for this Minhag, it is based on Kabbala and was originally intended only for the most learned of the community, but eventually became the minhag of the masses too. However, it is interesting that the Magan Avraham, after quoting the Zohar as the earliest source for this minhag, gives his own reason for it.
He writes, based on the Midrash, that at Har Sinai, the Jews slept during the night before the giving of the Torah, and Hashem had to awaken them. As a form of teshuvah for our ancestors’ lack of zeal and appreciation for the Torah at Har Sinai, we stay up the entire night learning.[51]The Magen Avraham thus turned a Kabbalastically based custom into one with a basis in the revealed Torah.
Moreover, while most of the sources deal with the special seder of learning one is supposed to follow on Shavuos night, the Magan Avraham does not mention such a seder limud, choosing instead to address various halachic questions that arise for those who stay awake through the night, such as the halachos relating to Netilas YadyimBirchas Hatorah, the bracha on the Talis and Kriyas Shema Al Hamitah, thereby further giving a halachic focus to this Kabbalistically rooted minhag. In so doing, the Magen Avraham, a preeminent work on Orach Chaim, may have helped ensure the widespread adoption of the minhag of learning throughout Shavuos night.
[1] There are many collections of material on this subject. The most in depth treatment is that of R. Binyomin Hamberger, Shorshei Minhag Ashkenaz, 3, pp. 268-364. For additional useful material see : Yosef Yahlom, Alei Eyin, pp. 125-146; R’ Mordechai Spielman, Tiferes Tzvi, pp. 74-79; Meir Bar-Ilan, Mechkarei Hachag 8 (1997), pp. 28-48; Moshe Chalamish, HaKabbalah Betefilah Uminhag, pp. 595-612; R’ Yakov Hillel, Shut Shorshei Hayam, 2:12; Pardes Eliezer, pp. 70-171; Moadim L’simcha 6, pp. 420-448; Rabbi Yitzchak Tessler, P’ninei Minhag, pp. 120-166. See also Herman Pollack, Jewish Folkways in Germanic Lands (1648-1806), pp. 191-192. For a very interesting article connecting this minhag to the availability of coffeesee Elliott Horowitz, ‘Coffee, Coffeehouses, and the Nocturnal Rituals of Early Modern Jewry,’ AJS Review 14:1 (Spring 1989), pp. 17-46 and Assaf Nabarro, Tikkun from Lurianic Kabbalah to Popular Culture, PhD dissertation, Ben Gurion University 2006, pp. 87.
[2] For this see the sources in note one. See also most recently this article from Eli Stern.
[3] Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD, Bar Ian University) July 2015, pp.354-360.
[4] Pauline Wengeroff, Memoirs of a Grandmother, 2010, p.150.
[5] See Pirkei Zichronos, (2004), p. 359
[6] Rabbis and Wives, p. 159.
[7] Letters from the Mir, p. 145
[8] Mi-Telz Ad Telz, p.212, 362.
[9] Sefer Hamusar, p. 59a. For information about this work see the introduction to the facsimile edition printed in Jerusalem 1973.
[10] Or Zarua, p. 233, first printed in its entirety from manuscript in 2009. See Chalamish (above, note 1), pp. 596-597; Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, pp. 355, fn. 117.
[11] Mateh Moshe 3:694.
[12] ZoharEmor p. 88a
[13] Mareh Cohen, p. 117, 280. On this work see Zev Gries, Safrut Hanhaghot, pp. 41-42, 71-75.
[14] Yesh Sachir, p. 33b.
[15] Seder HaYom, p. 183.
[16] About this work see Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD dissertation, Bar Ian University, pp. 264-278
[17] Siman 494.
[18] Heichal Hakodesh, p. 60a.
[19] About this work see the appendix to this earlier post here.
[20] Magen Avraham, 494: introduction.
[21] Ibid.
[22] Od LaMoed, p. 33a.
[23] Sefer Chizyonos, 4:17 (end).
[24] Ma’agel Tov, p. 66, 154. See my article in Yeshurun 26 (2012), pp. 853-874 for more about this work.
[25] Sefer HaChida, 2, pp. 534, 538,539,540, 544.
[26] See his Nefesh Dovid, p. 129 [printed in the back of Seder Eliyhau]. In his work Har Hamoriah, he describes a time when he was ill on Erev Shavuos but that evening felt well enough to stay up and learn [first printed in Shnos Dor Vedor, 1. p.125 and then in Har Hamoriah, p. 59].
[27] First printed by Simcha Assaf, Kovetz Al Yad 3, p. 131.
[28] Masos Eretz Yisroel, p.300.
[29] See Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD dissertation, Bar Ian University, pp.191-198
[30] Sefer Zechirah, p. 258. On this work, see my Likutei Eliezer, pp. 13-25.
[31] Halichos Teiman, p. 32
[32] Shelah, Shavuos, pp. 29b-30a. About this letter see: Rabbi Leopold Greenwald, Harav R’ Yosef Caro Uz’mano, pp. 197-199; Tzvi Werblowsky, Joseph Karo, Lawyer and Mystic, pp. 19-21, 108-114; A. Ya’ari, Ta’alumot Sefer, p. 106; Y. Tishbi, Chikrei Kabalah UShlucoseha, 2, pp. 391-393; Dovid Tamar, Mechkarim Betoldot Hayehudim B’Eretz Yisroel, pp.195-196; R’ Blau, Kulmos, 100 (2011), p.14,29.
[33] See Chalamish (above note 1), p. 599.
[34] On this work, see my Likutei Eliezer, p. 2.
[35-36]] On this subject see my Likutei Eliezer, pp. 90-100. For a new approach to all this see most recently Eliezer Brodt, “The Relationship of the Magen Avraham to the Work Magid MeisharimYeshurun 35 (2016), pp. 738-787. Also see Eliezer Brodt, Halachic Commentaries to the Shulchan Aruch on Orach Chayim from Ashkenaz and Poland in the Seventeenth Century, PhD dissertation, Bar Ian University, pp. 284-290.
[37] Tzefunot 6 (1990), pp. 79-86; 8 (1990), pp. 23-31; 9 (1991), pp. 25-33.
[38] Nimukei Orach Chaim, 426:1.
[39] See Meir Benayahu, Yosef Bechiri, pp. 396-401; Tzvi Werblowsky, Joseph Karo, Lawyer and MysticSee also Likutei Eliezer, pp. 100-103.
[40] This is not found in the Magid Meisharim that we have today. But the Chida has already written that the sefer that is extant today is only a small part of the original work.
[41] Torat Hakanaot, p. 48a.
[42] Siddur Rav Yaakov Emden, 2, p. 159.
[43] For a very useful summary of material about this, see Encyclopedia Talmudis, 33, pp. 869-882. M. Goldstein, The Assistance of Celestial Bodies in Halachic Decisions, (heb.), PhD dissertation, Bar Ilan University 2004.
[44] Beis Yosef Hachadash, p. 424.
[45] Toras HaGaon R’ Alexander Moshe, p. 328.
[46] Tosfos Aron, p. 42a.
[47] Magan Vtzinah, pp. 27b-28a.
[48] Torat Hakanot, p. 48a.
[49] About this work, see Rav Aron Marcus’ and Rav Reuven Margolios introductions to their respective editions of Sh’ailos v’Teshuvos Min Hashamayim. See also E. Kanarfogel, “For its not in Heaven: Dreams as a Determinant of Jewish Law and Practice in Northern Europe During the High Middle Ages,” Studies in Medieval Jewish Intellectual and Social History (2012) pp. 111-143; Unpublished lecture of Pinchas Roth, “Questions and Answers from Heaven: Halakhic Diversity in a Medieval Community”; Pinchas Roth, “Responsa from Heaven: Fragments of a New Manuscript of “She’elot u-Teshuvot min ha-Shamayim” from Gerona,” Materia Giudaica 15-16 (2010-2011) pp. 555-564; Likutei Eliezer, pp.59-63.
[50] Seder Mishnah, Madah, pp. 113-114.
[51] See the Radal’s notes to Pirkei D’Rabi Eliezer, Perek 41: 41-42.