A Letter from R. Nathan Kamenetsky

A Letter from R. Nathan Kamenetsky
In response to my last post on the Seforim Blog, R. Nathan Kamenetsky sent me a long e-mail. Because of its value to those with an interest in the Lithuanian Torah world, I asked Rabbi Kamenetsky for permission to post it here, and he graciously agreed – Marc Shapiro
The central figure, albeit a mostly passive one, in the story I shall tell below is R’ Maisheh Finkel, one of the twin sons who were the youngest children of the Alter of Slabodka, born around 1887. The other twin was R’ Shmuel Finkel, whose son became a caterer in Chicago and is the father of the recently deceased son-in-law of R’ Bainish Finkel (son of the the Alter’s oldest son R’ Laizer-Yudel), R’ Noson-Zvi Finkel, a namesake of his great-grandfather the Alter of Slabodka who served as the Rosh of the mighty Yeshivat Mir of Jerusalem for about thirty years.
R’ Maisheh was far superior in Torah talent to his twin R’ Shmuel. Someone described to me R’ Maisheh’s learning pose; he would pace back and forth the length of the beit midrash, and if someone asked a good question, R’ Maisheh would give him one reply as he passed the questioner on the first time he transversed the beit midrash, then give him a second answer when he passed by him a second time, and a third answer when he passed him by for the third time. Raised by his mother – the Alteh lived in Kelem, not Slabodka, till the latter part of the first decade of the 20th century: see MOAG pp. 594-596 — the Alter had at first sent him to learn under R’ Baruch-Ber Leibowitz in Hlusk, and then brought him to Slabodka. R’ Maisheh married Zlateh, the daughter of the Slabodka Rosh Yeshiva, R’ Moshe-Mordkhai Epstein, in 1913, and was appointed as a maggid shiur in the Slabodka Yeshiva.
When the Slabodka Yeshiva opened a branch in the city of Chevron in the winter of 1925, R’ Maisheh was sent along with the first talmidim to be a maggid shiur there. The Alter himself came to Palestine in the summer of 1925 – not as the mashgiach, but as a retiree – and three months later, R’ Maisheh died. Chiddushei Torah of R’ Maisheh Finkel were published beginning in 1986 by R’ Chaim-Dov Altusky, Rabbi Pinchas Scheinberg’s late son-in-law, under the name “Chiddushei Hagram Mislabodka” (together with “Chiddushei Hamasbir”, with the last word created from the acronym of Harav Morainu Soloveitchik Ber Yosheh, Reb) on various massekhtot. Rabbi Altusky had gotten R’ Maisheh’s manuscripts from a (posthumous) daughter-in-law of R’ Maishe’s.
Before we go on with the story, I will quote Rabbi Altusky from one of the introductions of “Chiddushei Hagram Mislabodka” where he quotes R’ Yeruham Levovitz, celebrated Mashgiach of the Mirrer Yeshiva, as having written about R’ Maisheh: “I always said that in a generation which has a great timber as he (ilan gadol kamohu), Israel is not yet widowed (od lo alman Yisrael), and in his light shall we see radiance (b’oro nir’eh or).” Rabbi Altusky points out that R’ Yerucham wrote this when such greats as R’ Chaim-Ozer, R’ Shimon Shkop, R’ Baruch Ber Leibowitz and the Kovner Rav fully functioned; but Rabbi Altusky does not explain why it was R’ Maishe Finkel’s presence that assured R’ Yeruham that lo alman Yisrael. The Alter and his talmid R’ Yeruham saw the ideal gadol baTorah, the ilan hagadol, as one who is equally great in Torah and in Musar – and this combination was very rare to find. They both saw that R’ Maishe filled that prescription – also cf. MOAG pp. 805-806 on what the Alter thought of his son.
Verily, according to one of Altusky’s introductions, R’ Maisheh was “designated (m’yu’ad)” to succeed both his father as Mashgiach and his father-in-law as Rosh Yeshiva; this is surely something that his daughter-in-law had heard within the family and passed on, together with the manuscripts, to Rav Altusky. Also see MOAG pp. 756 and 765 that R’ Maisheh would be his father’s agent to carry through sensitive matters. [Do you, R’ Mailech, have my Improved Edition or only the original MOAG? The Improved Edition has a asterisked footnote on page 1278 regarding the Alter’s high estimation of his son and also pertains to the subject of your landmark book, viz., to R’ Yehiel-Yankev Weinberg.]
Now to the body of the story. I shall tell it in the way it came to me. My father had said several times, “The (Slabodka) Yeshiva was so dear to the Alter, that he would be willing to sacrifice a child for it.” I never understood what he meant by this Aqaidah metaphor (nor did I question my father about it) until I arrived in Israel and repeated it to R’ Laizer Goldschmidt, a dayyan on the Beit Din Hagadol and husband of Miriam nee Plachinsky, a granddaughter of the Alter of Slabodka, asking him what my father had meant. He explained that Slabodka talmidim attributed R’ Maisheh death at so early an age to his having broken his engagement to another girl in order to marry R’ Moshe-Mordkhai’s daughter. He had been engaged to Chava-Leah Hutner of Warsaw (who later became the wife of R’ Tzvi-Yehudah Kook). (You may look up MOAG pp. 791-798 where I conjecture that this breakup brought about [in a convoluted way] R’ Hatzqel Libshitz’s decision to turn down the rabbanut of Kovno – thus opening the door for R’ Avraham-Dober Kahana-Shapiro’s appointment.) Incidentally, when R’ Yitzchak Hutner, later of Yeshivat Rabbenu Chaim Berlin, came to study in Slabodka after WWI, the Alter was ill at ease with him because he was closely related to the jilted young lady, and had his major talmid R’ Avrohm Grodzinsky, by then part of the Musar-hanhalah – see MOAG p. 806 – deal with the neophyte.
And why did R’ Maisheh break up? Because the wife of the Rosh Yeshiva, R’ Moshe-Mordkhai, insisted on it: she insisted that R’ Maisheh marry her daughter Zlateh. The Alter of Slabodka felt that if he would enter into bad relations with (Menuhah Epstein, and hence with) R’ Moshe-Mordkhai, the yeshiva would suffer. And he was willing to sacrifice his son on the altar of Yeshivas Slabodka. It is said that when the Alter was told of his son’s demise, he repeated Job’s words (3:25) “What I greatly feared is come upon me; what I had apprehended has come on me.” In MOAG, I have an excursus on pp. 1061-1064 about the power certain wives of rashei yeshiva wielded in some old yeshivot – especially the Netziv’s (niece, who became his) second wife, sister of R’ Baruch Epstein. When R’ Maisheh broke his engagement, R’ Hayyim Soloveichik was angry with the Alter, saying, “For politics one does not embarrass a Jewish daughter” – see MOAG pp. 419-420.
But I had a problem: if Menuha Epstein was intent enough on having the ‘iluy Maisheh Finkel marry her daughter that she would have him break his earlier engagement, why did she allow him to get engaged to someone else to begin with? Why didn’t she interfere with Maisheh Finkel’s proposed shiddukhim immediately?. This was bothering me for a long time – until I heard another story about R’ Avrohm Kalmanowitz, of Va’ad Hatzalah fame, from a son of his sister, R’ Osher Katzman, an author of many popular articles in the Aguda monthly “Dos Yiddisheh Vort” (and whose son Eli’ezer is on the editorial board of “Yeshurun”).
R’ Avrohm Kalmanowitz had learned in Slabodka, having come there from the town of Aishishok (the town perpetuated by Yaffa Eliach) where he learned with its rav, Reb Zundel Hutner. In his famous speeches in the United States after WWII, Rav Kalmanowitz would often refer to his study sessions with Reb Zundel and would recall that they studied through the long commentaries of the Shakh in Section 25 of Hoshen Mishpat (about the laws of a judge who erred in his ruling) – and that Reb Zundel lamented that there is no one “nowadays” who learns thoroughly through the subject at which the Shakh had toiled so hard. R’ Avrohm then studied under Reb Laizer Gordon in Telz (see fn. t on p. 964 of MOAG), and, by the time he came under the wing of the Alter of Slabodka, he was already close to 20 years of age. By that time he had already completed the 4 Sections of the Shulkhan ‘Arukh. In fact, when he arrived in Slabodka, he would look down upon a bachur his age who had not completed covered as much Torah as he had. He was considered a ‘iluy in the yeshiva, and there was an ongoing debate among the talmidim of the Yeshiva on who was the greater ‘iluy, Avrohm Kalmonowitz or Aaron Sislovicher (later Kotler). In fact, when R’ Avrohm died, in 1964, two years after R’ Aaron Kotler, my father za”l remarked, “The last member of our chabhurah in Slabodka is gone.”
According to “Kulmos Hallev”, a volume about Rav Kalmanowitz and “his Da’ath Torah and spiritual fervor (sa’arot ruach)” (published by his family in Jerusalem, 1996), p. 4, R’ Zundel had spread his pupil’s fame as a “wondrous ‘iluy” and the Alter sent a wagon to fetch him and bring him to Slabodka; the Alter then arranged that he should learn together with his talented son R’ Maisheh. R’ Avrohm’s father,
who served as rav in Volhyn, in the town of Barashi, near Rogachov, once came to Slabodka to see how his son was faring. When the Alter told him, “He can already lead half the world,” he became upset, and said, “I sent him here to learn, not to lead.”
The story Katzman told was as follows: R’ Avrohm had gone home for Pesach, at a time when two shiddukhim were being proposed to him; one was a daughter of his rosh yeshiva R’ Moshe-Mordkhai Epstein, and the other was an orphaned daughter of the Rav of Rakov, a town between Volozhin and Minsk, and he had already met both young ladies. From home, he wrote out two envelopes addressed to the two female candidates, and then sat down to write out the letters he was planning to send them. First he wrote the letter to the Rakov girl and he put her letter into an envelope and took it to the post office. He then wrote a letter to the Epstein girl, and as he was putting the letter into the remaining envelope — woe is him! – he saw that the remaining envelope was the one addressed to Rakov. This meant that the letter to the Rakov girl would arrive at the home of the Epstein girl. He rushed to the post office and asked the postman to return the letter he had given him, but the postman refused. R’ Avrohm went on to offer the postman up to 10 Rubles to get his letter back, but the postman explained that the law is that once a letter is in his hand he must deliver it only to the addressee. In short, when the Rakov girl’s letter arrived in Slabodka, and the daughter of R’ Moshe-Mordkhai saw that Avrohm had even considered another shiddukh but herself, the proud granddaughter of the famous Kovno philanthropist R’ Shraga-Feivel Frank (cf. MOAG Index), was beside herself, and decided she would hear no more of Avrohm Kalmanowitz.
When I heard this story I pieced two and two together, to wit: in the winter of 1913, Rebbitzen Epstein was not interested in Maisheh Finkel because she had as good a catch, if not a better one, for her Zlateh in Avrohm Kalmanowitz, the latter being not only a great ‘iluy, but a tall, handsome and charismatic leader as well. So why should she care if R’ Baruch-Ber Leibowitz, by-this-time the Rosh Yeshiva of Knesset Beit Yitzchak, the “other”, non-Musar, yeshiva in Slabodka, had cast his eye on Maisheh for his daughter (see MOAG p. 525), and why should she care if Maisheh gets engaged to Chava-Leah Hutner of Warsaw? At the beginning of that winter, R’ Moshe-Mordkhai presented R’ Avrohm with an effusive Certificate of Ordination (Smikhah) testifying that he is “a wondrous baqi in all of Shas with Tospoth, and in the posqim, rishonim v’acharonim, as one of the greats of the generation.” The Certificate manuscript is pictured on the page facing page 1 of “Kulmos Hallev”, and is laid out in print on p. 5, together with ordinations by R’ Elya-Barukh Kamai, Rav of Mir, and R’ Rephael Shapiro of Volozhin, both awarded to R’ Avrohm about a month later than R’ Moshe-Mordkhai’s, the manuscripts of which are pictured on the page following p. 220 of “Kulmos”, the last page of the volume.
It is worth noting that in transcribing the manuscript of R’ Moshe-Mordechai, the family misread one word, for, after praising the ordainee as “yet from his youth he stood out as a wondrous ‘iluy,” the end of the fifth and beginning of the sixth written lines read: “Va’yiph va’yigdal va’yehi l’erez may’arzei Hatorah (he became beautiful and grew to become a cedar among the cedars of Torah),” while the printed transciption misreads the beginning of the quotation, that is, its first word, to: “Aph va’yigdal va’yehi (he also grew and became).” The family obviously did not realize that R’ Moshe-Mordkhai used the language of Ezekiel 31:7 which describes “a cedar of Lebanon, that is Assyria (Verse 3)” which “Va’yiph b’godlo (became beautiful in its greatness)” to describe R’ Avrohm who, after being a wondrous ‘iluy in his youth, grew to become a cedar-like tall and handsome young man and one of the Torah cedars of his generations. (I had seen the manuscript Smikhah before “Kulmos Hallev” was published, and I immediately connected R’ Moshe-Mordechai’s expression to Ezekiel. I’ll just add that R’ Moshe-Mordechai used the expression from his by-heart knowledge of the verse, and did not look up the verse in a Tanakh before penning it, else he would have spelled the word “va’yiph” with two Yoddim – and the family would not have been mislead to read his Vav and single Yod as an Aleph, “aph” instead of “va’yiph.)
I believe that R’ Moshe-Mordkhai wrote the extremely flattering Smikha when R’ Avrohm was a candidate to become his son-in-law, but R’ Avrohm obtained the other two smikhot soon thereafter because he was also interested in the Rakov girl whose hand was offered together with her late father’s rabbanut of the town of Rakov – as you know from the case of R’ Yehiel-Yankev Weinberg of Pilvishok, a town would keep its rabbinical post vacant until their deceased rav’s daughter would find a match suitable to take over the rabbinate. Therefore, R’ Avrohm sought out ordinations from well-known rabbanim who served in towns close to Rakov, not in faraway Slabodka. During the same winter that the Epsteins were sure that R’ Avrohm would close a shidduch with their Zlateh, R’ Maishe became engaged to the well-to-do and pedigreed Chava-Leah, daughter of R’ Yehudah-Laib Hutner, a Motz in Warsaw who also owned a printing company. After Avrohm’s Pesach blunder, Zlateh was left with a second-choice mate, one who was already engaged, Maisheh Finkel: her mother took care of the rest. Under the hand of the daughter-in-law who supplied Rav Altusky with R’ Maishe’s Torah manuscripts, I saw the ketubah of Zlateh and Maisheh: they were married two months after the Pesach debacle, in Sivan 5673 (June 1913), and one of the two witnesses thereon is my grandfather, R’ Bereh-Hirsh Heller, the “younger” mashgiach of the Slabodka Yeshiva. Rav Kalmanowitz went on to wed the Rakov girl and its rabbinate, and became known throughout his lifetime as “the Rakover Rav”. It is said that R’ Laizer Rabinowitz, who succeeded his father-in-law the Minsker Godol, R’ Yeruham-Yehudah-Laib Perlman, as Rav of Minsk, took no major action in that metropolis without first discussing it with Rav Kalmanowitz. The latter verily became a great Torah leader as the Alter had predicted.
I’ll end by doing justice to the historically underrated Rav Kalmanowitz. During the First World War, Rav Kalmanowitz organized aid for the refugees who streamed from Poland into Russia, as recorded at length in “Kulmos Hallev”. He also went on to become close to the Chafetz-Chaim and followed the latter’s guidance in klal Yisrael activism. When the Mirrer Yeshiva underwent a financial crisis, he became the major fundraising representative of the Mirrer Yeshiva in Europe, and then traveled to America on behalf of that yeshiva. Because he was not a simple executive director but a great talmid chakham, he was given the title of “Nasi” of that yeshiva, and was promised that he would eventually deliver shiurim therein. (Nowadays, many religious institutions raise their stature by claiming to be uner the “n’si’ut” of one gadol or another. But the first to hold that title was Rav Kalmanowitz, who not only contributed his good name to the Mirrer Yeshiva, but earned the title by literally saving it from collapse.)
But delivering shiurim in the Mirrer Yeshiva never worked out for R’ Avrohm. I conjecture that it was due to the opposition of Reb Yeruham Levovitz, the Mashgiach who shared at least equally with the Rosh Yeshiva, R’ Laizer-Yudel Finkel, the adulation of the talmidim. As a ba’al Musar who sought to raise the stature of bnai Torah who devoted themselves exclusively to Torah study, R’ Yeruham felt that super-activist Rav Kalmanowitz was an improper role model. (See MOAG pp. 573-576 that R’ Yeruham disagreed strongly with the Chafetz-Chaim’s approach to the training of yeshiva students.) Instead, the Mirrer Yeshiva fulfilled its obligation by providing a group of its outstanding talmidim to set up a kolel in Otwotzk (near Warsaw) for its Nasi to head. The Kalmanowitz family told me that R’ Avrohm always looked back at that time in his life when he sat and learned in the Mir-sponsored kolel as the happiest period of his lifetime.
In spite of this, Rav Kalmanowitz could not bring himself to shun the public arena for long. He returned to his activism and became Rav of Tiktin, an ancient and highly prestigious rabbanut. His many activities on behalf of Jewry and his prolific writings about them are recorded in “Kulmos Hallev”, a book which should be read by all bnai Torah. When the Second World War broke out, he happened to be fundraising in the United States, and there became the linchpin of the Vaad Hatzalah organization. Among other accomplishments, he raised the monetary means to sustain the Mirrer Yeshiva throughout its Shanghai exile. In connection with this supreme achievement, there is a famous vort which R’ Avrohm expounded. He asked: why did the lion claw and injure Noah when he was once late feeding it in the Ark, when, after all, he had fed it in time all the other meals? And he answered: there can be no excuse for treating the very last lion in the world in any manner less than royally. Rav Kalmanowitz used this bon mot when asking people to contribute to saving the last yeshiva remaining when the Jewish world was destroyed with the onset of the war.
I’ll end with an exchange between gedolim that R’ Yankel Leshinsky witnessed and relayed to me. The three Slabodka talmidim, R’ Reuven Grozovsky, R’ Avrohm Kalmanowitz, and R’ Aaron Kotler were meeting in the Vaad Hatzalah office, and a heated argument broke out between Rav Kalmanowitz and Rav Aaron Kotler as to which course of action to take. Rav Kalmanowitz lost his composure and said, “Listen R’ Aaron, if I had sat and learned all the years as you did, I would have been greater than you.” To which R’ Reuven retorted, “Yes, R’ Avrohm, but R’ Aaron did learn!” The point is that Rav Kalmanowitz sacrificed the pinnacle of personal rank in favor of the public needs: and he was never properly appreciated for it.



Partnership Minyanim and More

Partnership Minyanim and More
Marc B. Shapiro

1. A few people have wanted me to comment on the recent debate between Rabbis Barry Freundel and Zev Farber about the so-called Partnership Minyanim in which women lead Kabbalat Shabbat. See here. The issue goes back to R. Freundel’s article in Tradition 44:2 (2011) on the topic. I was planning to respond to this article when it first appeared, and even wrote some pages, but I never completed the piece. Since the issue has once again surfaced, now is a good time to deal with it. Some of what I will say was also stated by an anonymous commenter on the Torah Musings blog, but both R. Zev Farber and Lazer Kaganovitch can testify that I sent them these points before the commenter posted anything, so I see no reason not to record my thoughts. (I should also note that this anonymous commenter, while pointing out errors and misreadings by R. Freundel, did not show proper respect in recording his criticisms.)
In his article, R. Freundel argues against the Partnership Minyanim with an original approach. Rather than summarize his viewpoint in my own words, this quotation sets forth his thesis, which the article attempts to prove:

In those communities which do not employ a Hazan for Kabbalat Shabbat, that lack would indicate that they view this liturgy as neither mandatory nor communal. Nonetheless, putting a woman (and maybe a child) into the role of Hazan would still be problematic. Adding a Hazan makes the prayer mandatory and communal but women and possibly children cannot lead a mandatory communal prayer. As a result, even in a setting that currently has no Hazan, the innovation of using a Hazan who cannot serve as a Hazan for communal prayer creates a halakhic dissonance that is unsustainable.
This is quite an argument and if it could be sustained, then it would be a significant contribution to the debate. However, in my opinion, and the opinion of everyone I know who has examined the issue, R. Freundel’s argument is completely unconvincing. There is simply no way that having a person read a few paragraphs of Psalms or more recent compositions before some other people makes the prayer “mandatory” and “communal.”
Before getting into some particulars of R. Freundel’s piece, let me offer a more general criticism. Reading the article I was troubled by the author’s need to come up with a halakhic argument to forbid that which pretty much everyone can see is not a halakhic matter at all (apart from possible halakhic concerns of tzeniut). Those who are in favor of Partnership Minyanim devote great efforts to show that there is no halakhic objection, and therefore these minyanim should be instituted, and R. Freundel is playing the same game, but from the other side. He feels that he needs to show why Partnership Minyanim are halakhically forbidden, and therefore shouldn’t be instituted.
The truth of the matter is that many of the most important things traditional Jews do and don’t do have nothing to do with halakhah. Something can be a bad idea, even a very bad idea, and deserve to be rejected even if there is no technical halakhic objection to it. As the Steipler wrote (Karyana de-Igarta [2011 ed.], vol. 2 no. 581):

יש כמה דברים שאין בכח החכם להורות איסור אע”פ שבאמת אינו נכון כלל
There are good reasons people can offer in opposition to Partnership Minyanim without falling into the “pan-halakhic” trap that everything you oppose has to be shown to be halakhically improper. Opponents of the Partnership Minyanim should be able to acknowledge that if non-bar mitzvah age boys are permitted to serve as a hazan for pesukei de-zimra or Kabbalat Shabbat then, apart from issues of tzeniut (in which I include kol ishah), there is no “technical” halakhic objection with women doing so as well. But as mentioned already, lack of a prohibition doesn’t necessarily make something a good idea. Plenty of synagogues will not let someone serve as a hazan if he is wearing jeans (or if he is not wearing a jacket or hat), yet this doesn’t mean that we need to find a technical halakhic objection for something which is at essence a matter of synagogue custom and propriety, and therefore does not need to be supported by halakhic sources. By the same token, I think we have reached the point whereby the typical Orthodox rabbi acknowledges (privately, at least) that there is no real halakhic objection to a woman rabbi, while at the same time continuing to oppose the concept (much like many oppose yoatzot halakhah). They oppose it because of how women rabbis will change the structure of traditional Judaism, change it in way they view as negative. This point can be made without using halakhic arguments that after a little investigation people will see don’t carry any weight. This is especially so in the Modern Orthodox world where there are women principals of Jewish day school, women synagogue presidents, women teachers of Talmud, women learning advanced halakhah, and no one bats an eye when a woman speaks in front of men.
For those who oppose things like women leading Kabbalat Shabbat, a weak halakhic argument is worse than no argument at all. The best tactic for the opponents is simply to keep the issue focused on what direction is best for Judaism. It is known that a number of great rabbis refused to provide halakhic reasons for particular decisions they gave, especially when the halakhic justification was weak. They chose this path precisely because they didn’t want these issues to become matters of halakhic debate, as there were other, even more important considerations guiding them. (In a future post I will give examples.) What R. Freundel’s article does is empower the proponents of Partnership Minyanim because they can rightfully say, “If this is the best our opponents can muster in terms of halakhic objections, then there really is no reason to oppose what we are doing.”
Now let’s turn to some particulars, as there are a couple of points in R. Freundel’s article that I would like to comment on. He writes:
The second oft-cited opinion in Rishonim is that of Nahmanides, who argues for obligatory twice a day recitations of the Amidah by women at Shaharit and Minha. The problem is that, despite the fact that the Mishna Berurah quotes this approach in the name of Ramban, I cannot find this opinion anywhere in Nahmanides’ writings. An examination of the section of Shulhan Arukh where Mishna Berurah makes this statement indicates that he is quoting R. Akiva Eiger.
There is a misunderstanding here. Here is the passage from the Mishnah Berurah 106:4 referred to by R. Freundel.

What the Mishnah Berurah is saying is that Nahmanides’ view is that prayer is a rabbinic commandment. The part about Anshei Keneset ha-Gedolah requiring the Amidah to be recited twice a day and that women are also obligated in this is not from Nahmanides. This is the Mishnah Berurah speaking. Contrary to what R. Freundel writes, the Mishnah Berurah is not quoting R. Akiva Eger.
           
In the next paragraph, Freundel writes:
R. Eiger cites Nahmanides from section 89 of Responsa Besamim Rosh. At one time this book was attributed to a variety of important scholars including Ramban, but now it is known to have been written by Isaac Molina in the 16th century. . . . Section 89 of Besamim Rosh tells us that women “in our area” are required to pray twice a day because “they have accepted this practice upon themselves.” This is hardly an indication that all Jewish women are required to recite the formal liturgy at Shaharit and Minha as Mishna Berurah claims.
Here is the responsum from Besamim Rosh.

It never uses the words “in our area”, and furthermore, the responsum is not from Nahmanides. It seems that R. Freundel makes the false assumption that at one time this book was attributed to Ramban because he thinks that R. Akiva Eger is citing a responsum of Ramban in Besamim Rosh. Yet Besamim Rosh was never attributed to Nahmanides nor to Isaac Molina.[1] The latter supposedly gathered the teshuvot (that is what it says on the title page, but this is part of Saul Berlin’s forgery). This means that R. Freundel’s critique of the Mishnah Berurah falls by the wayside, since the responsum in Besamim Rosh has nothing to do with the Ramban and thus nothing to do with the Mishnah Berurah’s point, which is derived from the Ramban. .

Here is the text from R. Akiva Eger.

 

In his heading he cites Ramban, but that is simply a quote from the Magen Avraham, and has nothing to do with the Besamim Rosh that he cites immediately following this. All R. Akiva Eger is doing by citing Besamim Rosh is providing another relevant text dealing with the issue under consideration, i.e., women and prayer. In R. Akiva Eger’s responsa, vol. 1, no. 9, he cites this same responsum in Besamim Rosh. (R. Akiva Eger thought that Besamim Rosh was an authentic work.[2]) 

However, how did R. Freundel ever assume that Besamim Rosh was citing Nahmanides? He never could have concluded this if he used the Machon Yerushalayim edition, which is the text I just used. He also could not have concluded this if he used one of the older editions of the Shulhan Arukh in which R. Akiva Eger’s note doesn’t even refer to Ramban. See here:

Yet here is the text as it appears in what used to be the standard edition of the Shulhan Arukh. In this edition there is a mistake in R. Akiva Eger’s text and it indeed has him stating that Nahmanides’ view is found in Besamim Rosh.

R. Freundel writes:
While all agree that women do not count towards adding Elokeinu, there is some debate about whether women can count among the three for zimmun. Nonetheless, even for those who say that women do count for the three no one suggests that a woman can lead if there are both men and women present. This is either because women’s obligation is rabbinic while men’s is Biblical or because the formal text of Birkat ha-Mazon contains references to certain mitsvot (e.g., circumcision) which are not applicable to women (emphasis added).
The passage I have underlined is incorrect. Ritva writes as follows[3]:

נשים חייבות בברכת המזון מן התורה, ולפיכך אשה מברכת לאיש על ידי זימון, או אם הוא עם הארץ להוציאו ידי חובתו כדרך שהאיש מוציאו.
See also R. Asher Ben Hayyim, Sefer ha-Pardes, ed. Blau (New York, 1984), pp. 176-177, and also the Hazon Ish, Orah Hayyim 30:8, who mentions that according to one approach in the rishonim גם הנשים רשאות לזמן כה”ג אם אין אנשים בקיאין . 

R. Yitzhak Yosef, Yalkut Yosef, Orah Hayyim 186:5, writes:
אשה שבירכה ברכת המזון ונתכוונה להוציא את האיש ידי חובתו, ושניהם אכלו כדי שביעה, בדיעבד יצא ידי חובה, ואינו צריך לחזור ולברך
A good discussion of the issue is found in R. Yehudah Herzl Henkin, Bnei Vanim, vol. 3, no. 1.[4]
R. Freundel writes:
The presence of a Hazan was essential to Magen Avot becoming a mandatory tefillah be-tsibburMagen Avot became mandatory with a Hazan. . . . If the presence of a Hazan makes a prayer mandatory, then Kabbalat Shabbat, which today has a Hazan in the vast majority of synagogues, is also mandatory.
I think R. Freundel has it all backwards. The presence of a hazan never made Magen Avot mandatory. Rather, when Magen Avot was made mandatory, it was required that there be a hazan. But what does this have to do with Kabbalat Shabbat which was never made mandatory by anyone?
R. Freundel writes:
R. Kook maintained that one who has heard the repetition of the Amidah on Rosh Hodesh thereby fulfilling his tefillah be-tsibbur requirement, but who must repeat his silent Amidah because he forgot Ya’ale ve-Yavo[,] counts among the six to whom four who previously prayed are added for recitation of devarim she-bi-kedushah. His repeat prayer constitutes tefillat rabbim in that venue, which is sufficient to count him in the majority of a tsibbur that has not yet prayed. Tefillat rabbim is, therefore, not a larger form of individual prayer, rather it is a diminished form of tefillah be-tsibbur and therefore, he counts because his is a minor act of communal prayer.
This description is incorrect as R. Kook does not “maintain” that which is being attributed to him. In his responsum, Orah Mishpat, no. 23, R. Kook presents both sides of the matter and concludes וצריך בירור. What this means is that he does not make a final decision. In any event, what does this have to do with someone such as a minor or a woman leading a prayer that is not obligatory?
The larger problem of R. Freundel’s article is that he makes assumptions which are simply not in accord with the practice of Jewish communities. For example, his argument leads to the conclusion that it should be forbidden (not just inappropriate, but forbidden) for someone under bar mitzvah age to lead any part of the service. Yet this is the practice in communities all over the world. Doesn’t every Modern Orthodox synagogue have a child lead Adon Olam? R. Freundel assumes that the only reason this can be permitted is because of hinnukh considerations. That is possible, but it is just as likely permitted precisely because there is no prohibition, and it is a nice thing to do. In other words, there is no default position that it is prohibited, from which one then needs to then find a way to permit.
The Beit Yosef, Orah Hayyim 53, discusses the practice of children leading the congregation in maariv and those who objected. He explains that the practice can be defended since there is no repetition of the Amidah, the hazan is not fulfilling anyone’s obligation for him, and maariv is also reshut. In other words, there are no considerations of hinnukh raised here, and for the Beit Yosef there is no default position that it is prohibited, and certainly no concept of tefillat rabbim, (which is mostly a hiddush of R. Freundel). It seems to be entirely a matter of synagogue etiquette, i.e., kevod ha-tzibbur, and if this can be overcome, then there is no halakhic problem. R. Yitzhak Zilberstein even argues that in an extreme circumstance (the particular case concerned a prison) one need not protest if a non-Jew leads the maariv service![5]
Let me stress that there is nothing wrong with R. Freundel coming up with a hiddush dealing with tefillat rabbim. However, a hiddush such as this cannot be the basis for forbidding a practice such as Partnership Minyanim. To see how far R. Freundel’s model takes him, in response to criticism he even stated that it is forbidden for a woman to recite tefillat ha-derekh on behalf of men and also to lead a communal recitation of Psalms. R. Freundel assumes that this is all tefillat rabbim and therefore forbidden for a woman to lead.
I have no doubt that if you ask the typical posek about a woman reciting tefillat ha-derekh or reading a Psalm before a mixed group of men and women, he will say it should not be done, for reasons of tzeniut or mesorah. But if you ask him if it is forbidden on account of tefillat rabbim, he won’t have a clue what you are talking about. Speaking historically, there is simply no such halakhic framework, and I find it hard to believe that people are going to be convinced that if some men and women sit down to read a few Psalms together (or a liturgical text of more recent vintage) that there is a prohibition for a woman to lead the recitation. (Again, I am not referring to tzeniut issues here.). Let me just remind readers that R. Ovadiah Yosef, relying on numerous rishonim, has ruled that if necessary a woman can read the Purim megillah for men (which might arise if no men know how to read it).[6] If the halakhically obligatory Megillah can be read by women for men, with none of the poskim saying a word about a concept of tefillat rabbim, then why should people accept that there is a prohibition for a woman to lead a group of men and women in recitation of a Psalm? (I realize that one can respond that reading the Megillah is not tefillah, but it would nevertheless be strange to permit a woman to read an entire book of the Bible before a group of men, and at the same time not allow her to read even a few verses from another book, i.e., Psalms.)
There is a good deal more to say about the phenomenon of Partnership Minyanim and the strange way they came about. Before Prof. Daniel Sperber got involved, the basis for them was an article written by an otherwise unknown rabbi in the Edah Journal. I can’t help but wonder about the halakhic methodology of changing traditional Jewish practice simply because a rabbi writes an article with some suggestions. If tomorrow a rabbi, any rabbi, writes an article arguing that in today’s day and age when men and women mix freely, that there is no need for a mehitzah in prayer (after all, it is not mentioned in the Shulhan Arukh), would that then give people carte blanche to remove the mehitzah? Had this not already been an issue between the Orthodox and Conservative, and thus of great symbolic significance, I am sure the mehitzah would already have been removed in liberal Orthodox synagogues. And what about counting women in the minyan? Halakhic arguments can be advanced for this as well. Is the only reason the liberal Orthodox don’t accept R. Ethan Tucker’s and R. Micha’el Rosenberg’s arguments[7] because of their non-affiliation with Orthodoxy? If an Orthodox rabbi had advanced the same argument as them, would it then be OK to move to complete halakhic egalitarianism?[8]
2. In a previous post I wrote about the dispute over whether there is pesak in hashkafah. Only recently did I see the following relevant statement of R. Soloveitchik, The Emergence of Ethical Man, p. 6 (emphasis added).
It is certain that the fathers of the Church and also the Jewish medieval scholars believed that the Bible preached this doctrine [the separateness of man from nature]. Medieval and even modern Jewish moralists have almost canonized this viewpoint and attributed to it apodictic validity. Yet the consensus of many, however great and distinguished, does not prove the truth or falseness of a particular belief.
In my article, I discussed some of the difficulties with the Hatam Sofer’s position that principles of faith can change with time, and are determined in a fashion no different than typical halakhic decisions. I argued that this understanding diverges from that of the rishonim. In R. Dovid Cohen’s recently published Ha-Emunah ha-Ne’emanah (Brooklyn, 2012), p. 41, he appears troubled by the Hatam Sofer’s approach.
                       
וקשה מאד להתאים דברי הח”ס שעיקרי הדת חשובים עיקרים שהכל צריכים להאמינם מפני ההכרעה שאז י”ל שהפורק עול שאינו רוצה לקבל ההכרעה נענש מטעם זה, אבל איך זה שייך לסברת האברבנאל והגרי”ז שמי שאינו מאמין אין לו התפיסה שיוכל להשיג עולם הבא האם ההשגה תלויה בהכרעה או במציאות של האמת והאם שייך לומר שלרב הלל יש חלק בעוה”ב והבא אחריו שסובר כוותיה אין לו חלק לעולם הבא שאינו יכל להשיג. . . . ועיין לקמן בעיקר ז’ שהערתי שמשמע מהאריז”ל ומבעל התניא שהם חולקים על החתם סופר ודו”ק.
What does the last word (abbreviation) mean, as it does not stand for ודוחק קצת, which is how it is usually understood? Furthermore, what are we to do with the expression והדברים ברורים ודו”ק that appears in Maharsha and elsewhere? I remember how in yeshiva we didn’t know what to make of this, since it obviously doesn’t  mean  ודוחק קצת. One rebbe told us that the abbreviation mark is a mistake and it should be read as  ודוק, that is, “examine it carefully” (like ודייק). It is also possible that the abbreviation stands for ודיק וקרא, although this meaning is not mentioned in Otzar Rashei Tevot. R. Meir Mazuz recounts that in Tunis they explained it: ואחר דרישה וחקירה קל. (Otzar Rashei Teivot has ודייק ותמצא קל). See his Lo Tashikh (Bnei Brak, 2005), p. 8 (first numbering). But he assumes that the real meaning is as I mentioned, i.e., ודייק.
Returning to R. Cohen’s book, it really requires a post of its own, as it contains all sorts of interesting things. Here is one example, from p. 127, where he suggests an interpretation of the Twelfth Principle of Maimonides according to which belief in a personal Messiah and other details in the Principle are not really  required beliefs.
וצ”ל שהעיקר הי”ב הוא גאולה באחרית הימים והכופר בזה הוא כופר גמור והפרטים שכתב הרמב”ם שיהיה משיח והוא מיו”ח של שלמה בן דוד אין זה מהעקרים שהכופר בהם אינו נחשב ככופר והוא חידוש עצום.
I only quote this for its novelty, as it is contradicted by Maimonides’ explicit words in the Principle. With reference to the detail of the Messiah’s genealogy, Maimonides states: “Included in this fundamental principle is that there will be no king of Israel except from David and from the seed of Solomon exclusively. Anyone who disputes concerning this family denies God and the words of His prophets.”
On p. 162 R. Cohen states that according to Maimonides even non-Jews are obligated to believe in the Thirteen Principles. He concludes his paragraph with ודו”ק, and again, it does not mean ודוחק קצת.
ועיין סוף פ”ח ממלכים שכתב וז”ל כי [כל] המקבל שבע מצות ונזהר לעשותן הרי זה מחסידי אומות העולם ויש לו חלק לעולם הבא. והוא שיקבל אותן ויעשה אותן מפני שצוה בהן הקב”ה בתורה והודיענו על ידי משה רבינו שבני נח מקודם נצטוו בהן. אבל אם עשאן מפני הכרע הדעת אין זה גר תושב ואינו מחסידי אומות העולם ולא מחכמיהם עכ”ל. ומשמע מכאן שהרמב”ם בא לכלול הגוים שהם חסידי אומות העולם שמאמינים בתורה, אבל אינם מאמינים בי”ג עיקרים שאין להם חלק לעוה”ב . . . הרי מוכח כנ”ל שגוי צריך להאמין בי”ג עקרים ודו”ק
Contrary to R. Cohen, when Maimonides speaks of righteous non-Jews being required to believe in the revelation at Sinai, this has nothing to do with acceptance of the complete Thirteen Principles.
One more point about R. Cohen’s book is that it is obvious that at times he is responding to what I wrote in The Limits of Orthodox Theology (and he also makes use of many of the sources I cite). While I am not mentioned by name (no surprise there) I am apparently included among the משמאילים referred to on p. 5 (see Limits, pp. 7-8).
Finally, let me add more comment about the Thirteen Principles. Just when I was about send in this post, I received the latest issue (Spring 2013) of the journal Conversations, published by Rabbi Marc Angel’s Institute for Jewish Ideas and Ideals. Each issue is a great read as it includes material from both well-known scholars as well as talented newcomers who have a lot to contribute and whose writings have often been real eye-openers for me.
Among the established writers in the new issue is R. Nathan Lopes Cardozo. If there is any contemporary writer in the Orthodox world who reminds me of the early Hasidic masters, the Kotzker, or even R. Jehiel Jacob Weinberg in his private moments,[9] it is R. Lopes Cardozo. Reading him one can sense how difficult it is for R. Lopes Cardozo to live in a world in which spiritual authenticity is in such short supply. As with his similar-minded predecessors, he too must protest, and the real perplexity is why so many others don’t join in this protest. The questions he asks, and what keeps him up at night, are exactly what should be on the mind of all thinking Orthodox Jews, even if one may disagree with the answers he gives.
His latest article, which appears in Conversations, is entitled “Lonely but Not Alone: An Autobiography by a Jew Who Should Never Have Been.” On p. 10 he writes:
It became clear to me that Judaism is based on the need for absolute questioning. I discovered that there are no absolute dogmas in Judaism, at least not in the way they are found within the Catholic Church. Maimonides’ famous Thirteen Principles of Faith, which are sung in nearly every synagogue on Friday nights, were never accepted as the final version of Jewish belief and were in fact heavily attacked and challenged by the greatest rabbinical authorities. Today, I see that Maimonides’ thirteen principles caused major damage to Judaism. It was the famous Professor Leon Roth who once remarked: “For this Hebrew of Hebrews had in many respects a Greek mind and through his sense of logic and his passion for precision, he brought Judaism into a doctrinal crisis, the echoes of which are with us yet” (Judaism, A Portrait, 1960, p. 122). How true! Judaism, while surely consisting of certain beliefs, is open to self-critique, debate, and ongoing discussions that have almost never been resolved. This spoke to my imagination. A religion with no dogmas, always open to new ideas! What could be better than that!

3. In a previous post I called attention to a bizarre segulah from R. Zvi Hirsch Kaidonover which I didn’t translate and which I suggested the police might regard as a form of sexual abuse. The text is as follows:
ועוד סגולה נפלאה לתינוק הנולד שלא יקרה עליו חולי נכפה בר מינן, מיד כשנולד ישימו בפיו ברית קודש של תינוק ויהיה ניצול כל ימיו מחולי נכפה
If you thought that this was strange, I guarantee that you will find the following, which was sent to me by a friend, even stranger.



The text comes from Meir Benayahu, Toldot ha-Ari (Jerusalem, 1967), pp. 224-225, and describes a “cure” recommended by R. Isaac Luria. The passage is too bizarre to translate. If the man who “came to the rescue” was just a man off the street it would be one thing. However, we see that it was none other than R. Moses Galante, a great sixteenth-century Torah scholar of the land of Israel who was given real semikhah by R. Joseph Karo. Even though the pre-modern mind was able to come up with all sorts of strange “cures”,  I would like to believe that the entire story is a fiction. But even if it never happened, the fact that people believed it happened tells us a great deal about their mindset.

On p. 110 n. 4, Benayahu cites the following text from R. Hayyim Vital (and note the shocking passage I have underlined):

בענין לילית ההורגות את הילדים מבן שמונה ימים ללידתם . . . נטיתי אז ושמתי אבר מילת נער קטן בפי הילד תכף כשנולד טרם שיינק . . . ואמנם פעמים אחרות עשיתי כל הנ”ל וגם דברים אחרים, שנבאר עתה, ולא ניזוק. ואלה הם: לשים אבר מילת אבי הנולד עצמו בפי הילד טרם שיינק
On p. 111 he records a story that once when a lion was about to attack R. Hayyim Ben Attar

גילה בריתו ברית קדש, וכשראה אותה האריה ברח מפניו . . . שמעולם לא ראה טפת קרי

All of these texts relate to the power of circumcision, a topic that is relevant to an earlier post here where I discussed the notion that Eliezer took an oath to Abraham by placing his hand on Abraham’s circumsision.

Returning to the first story quoted from Benayahu, there is no doubt that people can believe all sorts of strange things. There is currently a situation in London where a leading rabbi is charged with inappropriate contact with women. This rabbi denies the charges. However, he has admitted, so I am informed, that he did touch women in non-sexual ways, but this was done as part of his “therapy” which he claims was halakhically permitted. Now obviously we can’t have a situation where a male therapist, or  “therapist”, is arm wrestling or massaging his female patients. In fact, after everything we have seen these last few years, I think we can all agree that there can’t be any touching.

Imagine my surprise, therefore, when in the most recent volume of Ma’ayan Omer I came across the following text:


R. Ovadiah gives permission for a kabbalist to touch a woman as part of his kabbalistic healing. R. Ovadiah requires that he wear gloves when touching her, but this is still surprising, as once such a heter is given it is not too difficult to see where this can lead..

I didn’t know what to make of the words צריכה להתפשט. Does this mean that a woman can remove all her clothes if that’s what the kabbalist needs in order to complete the healing process? (According to news reports, the Breslov figure currently in the news for sexual impropriety operated in this way). I was certain it couldn’t mean this, but then what does it mean? I wrote to R. Avraham Yosef and here is his reply.

Even with R. Avraham’s explanations, both regarding the nature of the pesak and the limited removing of clothes, it is still very difficult to stomach. But I acknowledge that this is only because of my rationalist perspective and my assumption that virtually all of these “kabbalists” are more snake oil salesmen than anything else. (R. Yitzhak Kaduri, a real kabbalist, said that an authentic mekubal does not charge money for helping people, so that immediately knocks out some of the most popular “kabbalists” who make a very good living at their craft.) However, for one who believes that a kabbalist can heal just like a doctor, then all the heterim that apply to a male doctor, including touching a woman while healing her, would also apply to a kabbalist. Skeptical as I am, I wonder why such a powerful kabbalist can’t do his healing without touching the woman.[10]

[1] This information is available simply by googling “Besamim Rosh”, and the first two results are from Seforim Blog posts. The third result is Wikipedia which also states that Besamim Rosh is an eighteenth century forgery.
[2] This can be seen from how he cites the source, and see also his note to Shulhan Arukh, Even ha-Ezer 117, where he is explicit (this source was noted by one of the commenters on Torah Musings).
[3] Hilkhot Berakhot 7:2 (p. 106 in the Mossad ha-Rav Kook edition).
[4] R. Baruch Gigi, one of the roshei yeshiva of Yeshivat Har Etzion, believes that women saying birkat ha-mazon together with their families can be counted towards a mezuman. See Yonatan Gershon, “On Women Joining in a Zimmun,” Meorot 9 (2011), available here. I have yet to see this acted on in practice.
[5] Hashukei Hemed, Berakhot 51b. R. Zilberstein’s books contain some of the strangest cases. I don’t know whether these are actual cases or if people just ask him the strange questions knowing he will respond, or if perhaps even he makes up the questions so that he can then discuss the matter להגדיל תורה ולהאדירה
[6] See Yalkut Yosef, Dinei Keriat ha-Megillah, no. 12.
[7] See here.
[8] David Berger has recently alluded to Partnership Minyanim in his “Texts, Values, and Historical Change: Reflections on the Dynamics of Jewish Law,” in Michael J. Harris, et al., eds., Radical Responsibility: Celebrating the Thought of Chief Rabbi Lord Jonathan Sacks (Jerusalem, 2012). In referring to Haym Soloveitchik’s thesis in “Rupture and Reconstruction,” Berger writes (p. 204): “[S]ome of those who lionize the mimetic society as they savour the anti-haredi uses of Soloveitchik’s analysis are simultaneously impelled by feminist convictions to change generations of synagogue practice on the basis of textual analysis far more tenuous than the considerations that lead the traditionalist Orthodox to their usually more stringent deviations from the practices of the past. Affirmation or rejection of a mimetic ideal can depend very much on whose ox is being gored.”
[9] I think readers will appreciate this letter of R. Jehiel Jacob Weinberg. It first appeared in Mordechai Eliav and Yitzhak Rafael, eds., Sefer Shragai (Jerusalem, 1981), p. 275, and was reprinted in Ba’ayot Aktualiyot le-Or ha-Halakhah (Jerusalem, 1993), pp. 58-59. We are now sixty years after R. Weinberg wrote his letter, and not only have things not gotten better, but they have actually gotten much worse.

[10] In the recently published Mesorat Moshe, p. 612, it records that R. Moshe Feinstein responded as follows, after being told of a dentist who sexually assaulted female patients while they were sedated: אמר רבינו שממש פלא, דהלא זה כנגד החזקה שאומן לא “מרע אומנותו”. I don’t understand R. Moshe’s surprise, as he could say the same thing about teachers or anyone else who engages in this sort of behavior. Since we are dealing with people who are sick, there is no rational calculation for which you can apply the concept of מרע אומנותו. We have already seen numerous people who have destroyed their lives and their families by engaging in the sort of behavior, and taking the sort of risks, that simple self-interest would be enough to deter normal people from. (In a future post I will discuss other passages in Mesorat Moshe.) Also regarding sexual (and physical) abuse, R. Yosef Shalom Elyashiv writes, in discussing whether to inform the authorities (Kovetz Teshuvot, vol. 4, no. 198):
יש גם לשקול בגדר של ההתעוללות, שבהשקפה שלהם היא אחרת לגמרי משלנו
What does this mean? In what way is the religious Jewish approach to this matter superior to that found among non-Jews and non-religious Jews?

And finally, I found what I thought was a strange passage in R. Abraham Bornstein, Avnei Nezer, Even ha-Ezer no. 44. Much like Todd Akin, the Avnei Nezer thought that a woman couldn’t get pregnant through rape (unless . . . actually I would rather not explain it).

ואם היתה אנוסה מתחילה ועד סוף ולא רצתה בו כלל אי אפשר שתתעבר, רק שיש חשש שמא תחילה באונס וסופו ברצון . . . אלא ודאי כמ”ש משום דבאונס מתחלה ועד סוף אי אפשר שתתעבר

I have not found such a notion in any earlier rabbinic source. However, S. of On the Main Line called my attention to Rachel P. Maines, The Technology of Orgasm (Baltimore, 2009), pp. 51-52, from which we see that there was indeed a long-standing view that conception was not possible without female orgasm or at least desire.




Two Editions of R. Chaim Berlin’s Responsa: An Egregious Example of Censorship

Two Editions of R. Chaim Berlin‘s Responsa: An Egregious Example of Censorship
by Eliezer Brodt

R. Chaim Berlin, Sefer Nishmat Hayyim, She’elot u-Teshuvot, R. Ya’akov Kosovsky-Shachor ed., Beni-Brak, 2002, 412 pp.

R. Chaim Berlin, Sefer Nishmat Hayyim, Mamorim u’Mechtavim, R. Ya’akov Kosovsky-Shachor ed., Beni-Brak, 2003, 424 pp.

R. Chaim Berlin, Otzar Reb Hayyim BerlinShu”t Nishmat Hayyim, Jerusalem, 2008, 4 vol., 446, 462, 449, 298 pp.

R. Chaim Berlin (1832-1912), the son of the R. Naftali Tzvi Yehuda Berlin (author of the Netziv), although well known until recently none of R. Chaim’s extensive torah has been published. To be sure, some of R. Chaim’s torah can be found scattered throughout the seforim of his time, but never in a book of its own. In 2002, R. Kosovsky-Shachor (“R. KS”) published a collection of R. Chaim’s responsa entitled Nishmat Hayyim. These responsa were collected from various manuscripts in many collections as well as correspondences which R. KS found in the Rabbinic literature from R. Chaim’s era. A year later R. KS printed a second volume of letters, derashot, articles and approbations of R. Chaim Berlin also entilted Nishmat Hayyim. In the back of the volume of responsa, R. KS includes a nice historical write up of R. Chaim Berlin’s life (corrections and additions to the biography appear in the back of the second volume).

A few months ago another collection of R. Chaim Berlin’s respona were published by Yeshivat ve-Hegaditah le-Vinkha entitled Otzar Reb Hayyim Berlin. This version was published in four massive volumes on all areas Shulchan Orach, Shas and more. In this post I will discuss a bit about the two versions, some of the interesting teshuovs found in them and many instances of censorship in the later edition. Regarding these examples of censorship, I can only assume that there are many more examples as I haven’t compared every line of the four volumes with the original. But, as will be apparent, the examples provided below are fairly egregious. Additionally, these works touch on the important topic of the reason behind the closing of Volozhin Yeshiva.

For purposes of this post, I will refer to the Nishmat Hayyim as the older edition and the Otzar Reb Hayyim Berlin as the new edition. The earlier edition contains about 200 responsa while the new version has well over 800 responsa. In the earlier edition they printed a volume of letters and haskamos which the new version did not do yet include but promises to print shortly. The newer version has an excellent index based on the order of shas and topics. Just a quick glance shows the tremendous wealth of topics discussed. They also included a list of all the people R. Chaim corresponded a veritable “who’s who” of the gedolim from that time period.

Some Highlights

Amongst the many interesting teshuvos there is one about riding on a train on Shabbas (1:171-172), creating something via the Sefer Yetzira on Shabbas (1:418), asking an agent to give a Get via a phonograph (4:39), throwing grass when one leaves the cemetery (2:359) and burning dead bodies as opposed to burial (2:353-355).

In the new edition there is a lengthy discussion (1:70-77) about answering Amen when one is in middle of davening. In the midst of this responsa (1:73) R. Berlin notes a very interesting thing :

נראה לענ”ד שאף במקום שמותר להפסיק בפשיטות ואין שם בית מיחוש כלל להחמיר כמו להפסיק מפסוקי דזמרה לקדושה, אין זה אלא רשות שמותר להפסיק אבל לא חיוב, וטעמא דידי, משום דקי”ל העוסק במצוה פטור מן המצוה….

Another interesting statement found in a correspondence between him and R. Sholomo Hakohen where R. Shlomo writes (#67 in the old edition and # 191 in the new edition):

כן שמעתי מפי אביו הצדיק זצ”ל (הכוונה להנצי”ב) שאמר בשם חמיו זקנו הצדיק מו”ה חיים מוואלזין זצ”ל שיש לומר פירוש בלשון הרמב”ם והשו”ע אם הוא עולה ע”פ ההלכה אף שבודאי לא כוונו לזה משום שרוח הקודש נזרקה על לשונם, וכן מצאתי כעין זה ממש בס’ בית אלוקים להגאון המבי”ט זצ”ל בסוף פ’ ס”ד ע”ש”

While discussing the topic of gramophones, R. Chaim Berlin (#1 in old edition) writes that they had these already in the time of Chazal:

ובזה נראה לי לפרש לשון הש”ס בפ’ ראוהו ב”ד רה”ש כ”ח ב’ דמשני הש”ס על הא דתנן הי’ עובר אחורי בית הכנסת ושמע קול שופר או קול מגילה, אם כיון לבו יצא ואם לאו לא יצא מאי לאו אם כיון לבו לצאת, ושמע מינה מצות צריכות כונה, ומשני לא לשמוע, והא שמעי, סבור חמור בעלמא הוא, ופירש רבינו חננאל בש”ס החדשים דפוס ווילנא אם כיון לבו לשמוע ולהבחין אם הוא תקיעת בן אדם או צהלת סוס, ותמוה דהא ניחא בקול שופר שיש לטעות שהוא צהלת סוס, אבל בקול מגילה דלא שייך לטעות שהוא צהלת סוס, מאי איכא למימר, ותפשוט מינה דמצות צריכות כונה, וכבר תמהו בזה הטורי אבן במקומו, והפרי חדש או”ח (סי’ תר”צ סעי’ י”ג). ונראה דבימי הש”ס הי’ כלי זו של הגרמפון עשויה כצורת חמור והליצנים היו משתמשין בו, וזהו חמרא דאכפא דאמר ר’ אבהו בפ’ במה אשה שבת ס”ו ב’ ופירש”י חמור הנישא בכתפים והליצנים עושים אותו ובמקומנו נקרא ארדפיסא, ותרגם בש”ס החדשים דפוס ווילנא שזה קומנדינט או פארשטעלונג, וביותר היו עושין כן בפורים לבדח ולשמח את ההמון, והיה הדבר מצוי לשמוע מהחמור הזה גם קול מגילה, ומבואר דאם הוא קול החמור הזה, אינו יוצא ידי חובתו, כנלע”ד, וה’ יודע האמת

Another nice point is found while dealing with the issue of reciting the tefilah of Birkat Rosh Chodesh in light of the general prohibition against praying for one’s livelihood on Shabbos. R. Chaim Berlin writes (#23 old version):

ע”ד אשר שאל, היאך מצלינן בשבת שמברכין החודש על חיים של פרנסה, לפלא שלא שאל גם על נוסח מי שברך שאומרים בכל שבת אחר יקום פורקן, דמצלינן וישלח ברכה והצלחה בכל מעשי ידיהם, וגם על נוסח בריך שמי’ שאומרי’ בהוצאת ס”ת דמצלינן יהא רעוא קדמך דתוריך לן חיין בטיבותא. אבל כבר כתבו האחרונים ליישב מנהג ישראל, שלא אסרו לתבוע צרכיו בשבת, אלא ביחיד העושה לעצמו תפלה מיוחדת על איזה מקרה, הנחוצה לו באותה שעה לפרנסה או לרפואה וכדומה, אבל נוסח תפלה הקבוע לכולם בשוה בנוסחא אחת, אין קפידא בזה, וגם זה נכלל בלשון הירושלמי טופס ברכות כך הוא

Another nice piece (# 52 old version) I found is in regard to the famous discussion for those who observe gebrucks how can they make kneidel on Chol Hamoed Pesach?

והנה, קרבו ימי המועד לבוא, אשר לא אאחוז עט בידי לכבודו משך שמונת ימים, ע”כ אמרתי להודיעו מה שעוררתי את בני עדתי בדרשת שבת הגדול העבר, ע”ד האנשים הנזהרים ממצה שרוי’ כל ימי הפסח לבד מיום האחרון, ויש גם נשים הנזהרות בזה. ואותן הנשים שנזהרות בזה ואין להם משרתת בבתיהם ואופות ומבשלות בעצמן, הנכון שיזהרו בשביעי של פסח מלהכין תבשילי מצה שרויה על יום המחרת, מאחר שאין התבשילין הללו ראויין להן ביו”ט, ואפי’ אם יקלעו להם אז אורחים ביו”ט שביעי של פסח, ג”כ לא יתנו להם מצה שרוי’, הרי לא מהני עירוב תבשילין בזה, כמש”כ הרמ”א בסי’ תקכ”ז סעי’ כ’ לענין מי שמתענה ביו”ט ועי’ מגן אברהם שם

It is also apparent from this teshuvah that R. Chaim did not even write Torah on Chol Hamoed.

Another very interesting Teshuvah (new edition 3:1-3) is where he deals with the Tzavas R. Yehudah Hachassid, as he was asked about marrying someone where it would be against one of the statements in the Tzavah. To which he replied:

.מכאן נלמוד לכל האזהרות שהזהיר רבינו החסיד ז”ל בעניני זיווגים, שאם אין בדבר זה שום מצוה, אלא שחפץ בה לשם ממון או לשם נוי, ודאי יש ליזהר בכל אזהרותיו, אבל מי שעושה מעשיו לשם שמים, ומכוין למצוה, עליו לא הזהיר החסיד כלל

Another interesting piece found (#24) is about a piece of the Netziv in the journal of Rav Kook, Iytur Seforim where the Netziv wrote that it is permissible to read newspapers on Shabbas. Regarding this point R. Chaim Berlin wrote:

ועל דבר לעיין בשבת בהרהורא בעלמא בלי קריאה בפה באגרות רשות ובמכתבי העתים לא הי’ כלל דעת מר אבא הגאון שליט”א, לקבוע מסמרים בהלכה זו ככל דבריו שבעטור סופרים, ולא בא אלא ליישב מנהג העולם שקוראים במכתבי העתים בשבת שסומכים בזה על משמעות תלמודא דידן עפ”י דעתם, שמפרשים דתלמודא דידן פליג בזה על תלמוד ירושלמי, אבל להלכה גם הוא יודה דקיי”ל כהירושלמי, וכה”ג מצינו בהרבה מקומות שכתבו הפוסקים ליישב מנהג העולם, שסומכים על דעה יחידית אף שלא כהלכה

The Netizv defends his opinion in the Shut Bikurei Shlomo (1:2). Interestingly enough there is testimony to the contrary from R. Baruch Halevei Epstein who writes how on Shabbas his uncle the Netziv used to read the Hebrew newspaper, Hamagid (Mekor Baruch 4:1794). R. Meir Bar-Ilan echoes R. Baruch Halevi’s testimony about his father the Netziv that he would read newspapers on Shabbas (Me-Volzhin LeYerushalim 1:138).

Much has been written about how the responsa literature can aid in reconstructing the history of the period, this sefer also shows us this. Just to cite one example in volume one (p. 88) of the newer version (which shockingly was not edited out) someone wrote to R. Chaim:

גלוי וידוע לכבודו עד כמה פשתה הנגע בארצינו וביתר שאת בארצות אוירפפה ושדה תיכלה כמעט בכל בנות ישראל שוע ודל אשר גם בעליהן ואבותיהן המה משלומי אמוני היהודים המחזקים בדתינו הקדוש והמה גם הנה אינן ח”ו מפורקי עול בדרך כלל, ובכל זאת עברו ושנו ונעשה להן כהתיר לילך בגליות שער ראשיהן אחת המרבה ואחת המטמעטת, עיר ועיר ומדינה ומדינה כמנהגה וכפי חוקות המאדע שלה. ולא ישמרו את נפשותיהן מזה לילך כן גם בבתי כנסיות ובבתי מדרשות ובמסיבות אנשים שרים סביב לשלחן בעת סעודות נשואין שבת ויום טוב

We see from this that the well known phenomena of woman not covering their hair in previous generations. The question which was posed to R. Chaim was what one should do about saying berokhot or Shema in front of such a woman. To which R. C. Berlin replied:

לענין קריאת שמע גופא יש מקילין בזמן הזה שכבר נהגו לגלות ראשן ודומה לשער שמחוץ לצמתן… ומעתה למעשה בזמן הזה, מי שאינו מחפש למצוא לו יתד על מה לסמוך, ומקלו יגיד לו, יוכל לסמוך על המקילין. ומי שהוא ירא חטא, ורוצה לצאת ידי שמים גם בסתר כבגלוי, ודאין אין לו לסמוך על המקילין

This is similar to the famous controversial pesak of the Aruch Hashulchan (O.C. 75:7):

עתה בואו ונצווח על פרצות דורינו בעוונותינו הרבים שזה שנים רבות שנפרצו בנות ישראל בעון זה והולכות בגילוי הראש וכל מה שצעקו על זה הוא לא לעזר ולא להועיל ועתה פשתה המספחת שהנשואות הולכות בשערותן כמו הבתולות אוי לנו שעלתה בימינו כך מיהו עכ”פ לדינא נראה שמותר לנו להתפלל ולברך נגד ראשיהן המגולות כיון שעתה רובן הולכות כך והוה כמקומות המגולים בגופה… וכיון שאצלינו גם הנשואות כן ממילא דליכא הרהור

Censorship in the New Edition

Of course this post would not be complete without mentioning some censorship in the new edition. Although I mentioned that the later edition has much more material than the first edition it seems a few teshuvos got “lost” in the later edition. [The family involved with the printing of this sefer is the same one mentioned by Dr. Gil S. Perl, in his Emek ha-Neziv, A Window into the Intellectual Universe of Rabbi Naftali Zvi Yehudah Berlin (PhD, Harvard, 2006), on pages 49-50, in light of Dr. Perl’s comments, it is of no surprise that they edited out these particular teshvot].

In the first edition (# 135, see volume 3:5 of the new edition) there is a discussion about shaking woman hands which has been a very controversial topic [See the recent Bina Ve-das p. 117]. Perhaps shockingly to many R. Chaim Berlin replied:

ואשר שאל על דבר נתינת ידו לרשעים או לנכרית, הנה ליתן יד לפושעים אין שום איסור בזה אם אין בזה הודאה וחיזוק להנהגותיהם בשרירות לבם. ולתת יד לאשה לשון הש”ס הוא ברכות ס”א א’ המרצה מעות לאשה מידו לידה כדי להסתכל בה, מבואר דאם אינו מכוין לשום דבר וכש”כ שאינו עושה כדי להסתכל בה כמו מעלתו שכל מעשיו לשם שמים אין איסור בזה לרצות מעות מידו לידה. ודאי אם יוכל להזהר בזה מה טוב, אבל אם אי אפשר לו להנצל מזה כגון אם הנכרית הקדימה והושיט לו את ידה ואין דעתו לשום הרהור ח”ו אין להחמיר בזה, ודרכיה דרכי נועם, ואהבת את ה’ אלקיך אמרו חכמים יומא פ”ו א’ שיהא שם שמים מתאהב על ידך, ולא יאמרו על יראי ה’ שהם משוגעים ואינם בעלי דרך ארץ

Two other pieces edited out from that same teshuvah in the new edition I am not sure as to why, are:

ועל דבר כסוי ראש האשה במטפחת אחת, אם אין שערה נראין אין בזה שום איסור, ועדיף טובא מפיאה נכרית, ואין צריך כלל שני כסויין, ואם אך אין השער נראה בחוץ די בכסוי אחד אף ברשות הרבים, ורשאי גם לקרות ק”ש כנגדה, ואין להחמיר עוד בזמן הזה

ולדבר עם אשה בשוק לא נאסר אלא לתלמיד חכם ולא למי שאינו מוחזק בתלמיד חכם, וכשם שתלמיד חכם המדבר עם אשה בשוק גורם בזה חלול השם כן מי שאינו מוחזק לתלמיד חכם הנזהר בזה שלא לדבר עם אשתו לעיני הבריות הוא מיחזי כיוהרא, ויש בזה גם כן חלול השם

Another very interesting statement which was edited out of the second edition is about Chasidim (# 7 in the old edition) where he writes:

ולהתפלל בבית הכנסת של החסידים אין שום חשש בזה, וגזירת רבינו הגר”א ז”ל לא הי’ אלא בזמנו שהקילו אז בכבוד תלמידי חכמים לומדי תורה, ולא כן בימינו שהחסידים חולקים כבוד לכל לומדי תורה והם יראי ה’ ושומרים תורה ומצוה. אך על דבר שינוי נוסחת התפלה, אסור לשנות בפרהסיא ממנהגיהם ומנוסחאותיהם ובנוסח הקדושה יאמר קדושת כתר בשביל שנאמרת בקול רם ויש בזה איסור לא תתגודדו, וגם שלא לעורר מחלוקת ח”ו, אבל בתפלה בלחש לא ישנה כבודו ממנהג אבותיו וממנהגו מעולם, ויתפלל שמונה עשרה בלחש כנוסח אשכנז

Another piece which was censored out although I am not sure what is so bad with it (#200 in the old edition) where he writes that there were additions to Mishnayos after Rabenu Hakadosh edited it:

שביארתי מאמרם ז”ל התמוה מאד בשלהי מס’ סוטה מ”ט ב’ על משנתינו משמת רבי בטלה ענוה ויראת חטא א”ל ר”י לתנא לא תיתני ענוה דאיכא אנא א”ל ר”נ לתנא לא תיתני יראת חטא דאיכא אנא. והתמיה מפורסמת איך אמוראים קדושים כאלה ישבחו עצמם בענוה ויראת חטא, והמלך החכם אמר יהללך זר ולא פיך. וביארתי בס”ד על פי מש”כ הרע”ב ז”ל על האי בבא משמת רבי בטלה ענוה שתלמידיו של רבי הוסיפו וכתבו זה במשנה, וכ”כ בתוס’ רע”ק בשם הרמב”ן בחי’ ע”ז ל”ז א’ שהוא תוספת שהוסיף בר קפרא או לוי במשנה, והמה היו תנאים אחרונים תלמידי רבי. ואמרתי שהוא הוא התנא שדברו עמו רב יוסף ורב נחמן, שרב יוסף א”ל לזה התנא שהוסיף במשנה משמת רבי בטלה ענוה א”ל לא תיתני ענוה שאתה מסתיר מדותיך הטובים ושונה במשנה משמת רבי בטלה ענוה ואנא ידענא שגם אתה ענוותן כרבי ועדיין לא בטלה ענוה משמת רבי, וכן א”ל רב נחמן לזה התנא שהוסיף במשנה משמת רבי בטלה יראת חטא א”ל לתנא לא תיתני יראת חטא שאתה מסתיר מדותיך הטובים ושונה במשנה משמת רבי בטלה יראת חטא ואנא ידענא שגם אתה ירא חטא כרבי, ועדיין לא בטלה יראת חטא משמת רבי, כן ביארתי זה המאמר לפי חומר הנושא

This censorship or editing goes the other way as well. In the first edition there is a piece (#120 old edition) about being a vegetarian but the whole question is not included for some odd reason but in the new version (#222) the whole question is printed out in full. R. Chaim Berlin was asked by R. Menashe Grossburg:

אם ראוי לישראל להיות מהחברה צער בעל החיים, ואם מותר לאכול בבית מרזח שלהם, שאין אוכלים אפילו חלב ובצים. לדעתי נראה לי בחפזי לפי מה שכתב הט”ז כמה פעמים דמה שמפורש התיר בתורה אין כח לשום אדם לאסור ובתורה מפורש התיר לאכול בשר מזמן נח. והם אומרים שכשם שאסור רציחה באדם גם כן אסור בבהמה אפילו בשחיטה, וזה נגד דעת תורתנו. ועוד ששמחת יום טוב מצות עשה גם בזמן הזה בבשר

To which R. Chaim Berlin answered:

נראה דעד כאן לא אמר הט”ז אלא דאין כח ביד חז”ל לגזור איסור לכל ישראל על דבר שפירשה התורה בפירוש להיתר, אבל מי שירצה לאסור על עצמו אכילת בשר, אין זה בכלל דברי הט”ז, והרי הוא ככל הנדרים שכתבה תורה בפירוש איש כי ידר נדר או השבע לאסר אסר על נפשו לא יחל דברו, אלא שחובה להתרחק מן הנדרים, והנודר כאלו בנה במה, ונקרא רשע כדתנן בפ”ק דנדרים ט’ א’ כנדרי רשעים, וביו”ד סי’ ר”ג

This teshuvah was a list of questions from R. Menashe Grossburg to R. Chaim Berlin which the old edition broke up and put it in the different places and never even included the name of R. Menashe Grossburg [at one time the editor makes it as if someone else asked the question (see p. 104)].

Some Final Points

When talking about the Malbim in a hesped (printed in volume two of R. KS Nishmat Chaim p. 14) R. Chaim Berlin said:

לחזק תורה שבעל פה כהגאון המלבי”ם ז”ל, ובענין זה לא הניח כמותו, ממלא מקומו, כי הניח כל החריפות והפלפולים שמילדותו והקדיש כל כחותיו להראות איך התורה שבעל פה מבוארת בבאר היטב בתורה שבכתב, אשר הענין הזה נחוץ ביותר בזמנינו

In another teshuvah we see how much he respected the Marsham as he (#19 old version) writes:

ואני אין רצוני להיות מדייני גזירות, אם לא שיבוא האיסור גם מרבנים זולתי כמו מהגאון ר’ שלום מרדכי הכהן מברעזאן וזולתו, אז יוכל לצרף להם גם את שמי ולא באופן אחר

His very close friend the Adres also felt the same way about the Marsham as the Adres even asked him to be his Rebbe in Halacha after R. Yitzchak Elchanan died (see Rabbosenu she-begoleh 1:13-125 and R. E. Katzman in his introduction to Chidushei Hagoan Hadres pp. 25-26).

I write that the Adres was very close to him based on two things. One, besides for the Netziv and other family members the most correspondences are with the Adres. Two, in his Tzevah he writes:

מקום קבורתי, קניתי בחיי, על יד קבר אהובי הרב ר’ אלי’ דוד ראבינאוויץ תאומים ז”ל

[On the friendship between Adres and R. Chaim Berlin see also the letter printed in the most recent volume of Shnos Dor Vedor (3:355-356).]

In a letter from the Adres (new edition 1:382) to R. Chaim Berlin the Adres describes to him when he first met the Netziv. The Netziv got up and made a Shecheaynu! [The Adres also records this incident in his now rare, autobiography Seder Eliyhu p. 85]. [On the friendship between Adres and Netziv besides for what Adres writes there in his autobiography (ibid) see the letter printed in the most recent volume of Shnos Dor Vedor (3:485-486).]

In a letter to a friend written when he first got to Yerushalim R. Chaim Berlin writes:

והנני מברך בכל יום בשמחה רבה שלא עשני עב”ד (אב”ד)

He also writes this statement in a short history of himself which he sent to R. Eisenstadt for his Doros Achronim (1:71-72). [This short history is included in the new edition of Nishmat Chaim p. 8 without providing their source.] [On this “Beracha” see R. S. Askenazi in his Alpha Beta Kadmita Deshmuel Zeria p. 469 where he shows five places where R. Yakov Emden said this.]

In the newer edition of R. Chaim Berlin they write that they did not include a biography of R. Chaim Berlin in light of R. Chaim’s opposition to such biographies or histories:

The Closing of Volozhin

But they did include one historical thing which they felt was very important to be printed, the statement of R. Chaim Berlin about the closing of the Volozhin Yeshiva (based on a copy of the manuscript) where he writes:

מה שהזהירני וצוה עלי מר אבא הגאון זצלל”ה הכ”מ קודם פטירתו. על דבר שמסר נפשו על ענין ישיבה דוואלוזי’ין, שלא להכניס לתוכה שום לימוד חול ולסיבה זו נסגרה הישיבה ומזה נחלה בחוליו אשר לא עמד ממנה. וצוה לי באזהרה שלא להסכים לענין זה בלא שום הוראת היתר בעולם. ואמר שהקב”ה רמז כל זה בתורה. שאמר להבדיל בין הקודש ובין החול היינו שכל עניני חול המתערבים בקודש בלי הבדל. לא די שאין עניני למודי חול מקבלים קדושה אלא אף זה שעניני למודי קדש מתקלקלים מהם. ע”כ לא ירע לך בני מה שהענין זה גרם לי לצאת מן העולם כי כדאי הוא הענין הגדול הזה למסור נפשו עליו. כל זה דיבר אלי ביום ג’ כ”ו מנחם אב תרנג בוורשא עכ”ל

This piece has been printed before in many places (at times even an exact picture of it see S. Roz in his Tzadik Yesod Olam pg 142 and from there R. Eliach in Hagoan pg 629; see also Yeshurun 7:675). The letter was called into question as to its authenticity see R. Ben Zion Yadler in his Betov Yerushlaim pg 388-389. [These sources escaped Professor Stampfer’s notice see his book Hayeshiva Halitais Behishavetah pg 224].

The topic of the closing of Volozhin has been the subject of much discussion especially the often quoted article of Jacob J. Schacter, “Haskalah, Secular Studies and the Close of the Yeshiva in Volozhin in 1892,” Torah u-Madda Journal 2 (1990). See even more recently the interesting discussion by R. N. Kamenetsky in his Making of a Godol (1: 442-455). Although we have this statement of R. Chaim Berlin about the closing of the Yeshiva but based on historical facts it can not be true. While it was very true that the government and maskilim had been making terrible trouble for years about learn2ing secular studies in the Yeshiva and for the most part were unsuccessful. We do have clear documentation that Secular studies were taught in Volozhin on some scale a few years before its closing. ]See Hayeshiva Halitais Behishavetah p. 223.] The various theories discussed in these articles attribute the close of the Volozhin Yeshiva to the fight of R. Chaim Berlin taking over his father’s position as the Rosh Hayeshiva. R. M. Shapiro in R. Moshe Shmeul Vedoro (an eyewitness to the closing) also writes that one factor in the closing of the Yeshiva was the rebellion against R. Chaim Berlin (p.76) [This excellent book was not used by R. KS in his writing up about R. Chaim Berlin.] Most recently all this has been reexamined by two people especially based on new evidence – documents that have been discovered after the Iron Curtain fell.

What I find interesting is how two people can see the same documents and came to completely different conclusions. A few years back R. Frank printed a book on yeshivas Volozhin called Toldos Beis Haskem Bevolozhin. This book deals with the history of the Yeshiva from the beginning until the end including a brief history of all the Roshei Hayeshiva. Although the book is weak on quoting sources it has many important discussions about the topic of Volozhin. One of the real new important things printed here is government documents dealing with the closing of the Yeshiva (pp. 274-96). Although he edits out many parts due to respect for R. Chaim Berlin and R. Chaim Solovetick he prints parts and concludes that the maskilim and a few renegade bochrim influenced by the maskilim caused the government to close down the Yeshiva and it revolved learning secular studies in the Yeshiva. A few years later Professor Saul Stampfer reissued his excellent book Hayeshiva Halitais Behishavetah with many important additions and corrections amongst the additions were these same documents but unedited. The picture one gets from these documents (as he shows pp. 245-66) is something else entirely. Specifically, the cause for the government closing down the Yeshiva was not because of learning secular studies, instead the closure was because of the whole terrible and disgusting controversy about the succession of R. Chaim Berlin for his father the Netziv to be the Rosh haYeshiva of the Yeshiva. The bochurim got the government involved and they were very unhappy how the whole thing was dealt with so they shut down the Yeshiva.

One of the things the Bochrim did was interrupt the shiur of R. Chaim Berlin constantly bombarding him with many questions. According to some, they used many seforim borrowed from R. Chaim’s vast library to stump him. This terrible act was done a few times before in Volozhin. Once when R. Alexander Moshe Lapides visited the Yeshiva the bochrim did the same thing to prove a point (see Yeshivos Lita, Pirkei Zicronos pp. 75-77). [This account is not included in the otherwise excellent edition of R. Alexander Moshe Lapides writings called Torah Hagoan R. Alexander Moshe.] When R. Yitzhkach Elchanan Spektor visited the yeshiva at a different time they tried the same thing but were unsuccessful in stumping him (see Toldos Yitchack p. 61 see also Harishon Leshalshles Beis Brisk pp. 128-32).

As an aside in researching this topic I was (and still am) horrified about this whole controversy how the bochurim (even if it was not the majority of the Yeshiva) could do all the terrible things they did during the whole fight. Ultimately causing the close of the Yeshiva and the premature death of the Netziv!

In the Derech Etz Chaim, Y. Meltzer (pp. 51-52) prints a letter of someone (he edits out the name) (see also Nishamt Chaim old edition 2:122) who asked mechilah from R. Chaim Berlin for making him trouble when he was supposed to take over Volozhin and R. Chaim Berlin writes back:

אנכי עפר ואפר ואין אני כדאי לפני המקום יתברך שמו, כי יענש חס ושלום שום אדם בסיבתי. ובר מן דין, כבר באותם הימים שצערוני אמרתי בכל לילה כמר זוטרא מגילה כח א’ שרי ליה לכל דצערן לי ואין לו לחוש כלל לדרוש ממנו מחילה כי מצדי כבר מחלתי. אמנם מאי דשקליה למטרפסי ונענש מן השמים זה בשביל שני דברים: אחד בשביל חילול ה’ הגדול שגרם… ב. בשביל צערו של רבו המובהק, מר אבא הגאון מאור הגולה זצוקל”ה, שגרם לו אז כמובן… ובפרט שיכול להיות שמהצער הגדול הזה שגרם לו היה התחלה למחלתו האחרונה, שנפטר על ידה מן העולם

Another famous piece printed in Nishmat Chaim (volume two of the old edition pp. 380-83) is the dream he had after his very close friend R. Yitchack Blazaer died and R. Chaim Berlin gave a hesped although he requested that there be no hespedim. R. Chaim Berlin described the dream as follows:

נשמע אליו בזה שלא לספר בשבחו כלל, אולם על שלא נבכה על ההעדר לא צוה כלל… בא המונח אצלי בחלום ואמר לי יישר כח על שלא הגדתי שבח. ושאלתי ממנו מה נעשה בדינו בעולם ההוא, ואמר לי שדין של מעלה הוא חמור מאד שאי אפשר לשום אדם בעולם הזה לשער כלל, וביחוד מקפידים מאד על דבורים האסורים שנדברו שלא כהוגן

Another thing which R. Chaim Berlin was very famous for was his massive library which consisted of thousands of volumes. [See R. KS in Nishmat Chaim p. 376, vol 2 pp. 398, 352]. There are even some nice letters of his to his (and his fathers) friend E. Harkavy thanking him for some recent volumes from the Mikitze Nerdamim society with some comments on the seforim. This letter was printed in the first volume of Shnos Dor Vedor (p. 199) and than again in the second volume of the Nishmat Chaim of R. Kosovsky-Shachor. In the recent version of Nishmat Chaim (4: p. 45 part two) only part of the letter was printed. In the edited out piece R. C. Berlin wrote:

זה שנתים ימים, אשר הריצותי כסף שלומים, בעד שנת מקיצי הנרדמים חמשה רו”כ שלמה ליד בחיר החכמים, ידידנו הגאון ר”מ שטראשון ז”ל, ויענני במכתב, כי הריץ את הכסף לידדנו הרב הד”ר א’ ברלינר הי”ו בברלין

I am not sure why it’s a problem to acknowledge that R. Chaim Berlin liked R. Strashun but it’s not a problem in regard to R. Harkevey. As an aside we see R. Chaim Berlin wrote respectfully about A. Berliner contrary to the recent complaint voiced by someone in the recent Yerushenu (3:396).

This library also consisted of manuscripts one of which was the Seder Hadoros with the comments of the Radal. [There is a teshuvah (new edition 1:96) of his to the Radal someone who his father was also very close with] When R. Chaim Kahana was working on the Seder Hadoros R. Chaim Berlin gave him this sefer. R. Kahana included these notes which are very valuable to the topic in his Kochvei Or (available here ).

The bulk of this library passed on to R. Isser Zalman Meltzer. In Derech Etz Chaim, Y. Meltzer brings a few stories of how R. Isser Zalman Meltzer made use with it (pp. 451-52) and even had the editors of Otzar Haposkim use it (p. 328). Although Y. Meltzer writes that in the Tzevah of R. Berlin it said that if a Talmid Chaham moves into my apartment after my death he should get it (p. 50) but in the version of the Tzevah printed in Nishmat Chaim (vol. 2 pp. 403-05) it does not say any such thing. [See Nishmat Chaim volume one (old edition p. 376).]

R. KS brings a story (2:377) to show his incredible yedios which I find hard to believe. Someone asked R. Chaim Berlin where is the first time that the name Chaim is mentioned in our literature as its not found in Talmud, Medrash or the era of the Geonim. R. Chaim Berlin replied the first time the name is found is in Tosfos and than he started listing the rest of the people with that name. The reason I find it hard to believe this story is we do find this name in the era of the Geonim. As R. Sherirah Gaon and Ravad in Sefer haKabalah [Cohen ed. p. 41] bring that Rav Zemach Goan father was Chaim. A look at the index of Moshe Gil’s Bemalchut Yishmael Betekufos Hageonim (volume 4 p. 853) shows that the name Chaim was fairly common in the era of the Geonim [thanks to M.M. Honig for this source]. R. Chaim Palgai (Kol Hachaim 8:15) cites a Medrash in Bamedbar (14) that shows an Amorah had the name Chaim. But it seems to be a printing mistake as in our edition it says Chiyah [see also Kesser Shem Tov vol 1 pg 300].

I mentioned that R. KS collected the Haskomos of R. Chaim Berlin reaching over 140 but at least one is missing a haskamah to a reissue of Seder Hadoros that R. Yeruchem Leiner brother of the Radziner Rebbe started working on with many additions.

One weakness both editions have which E. Katzman in his introduction to Chidushei Hagoan Hadres (p. 42) already complains about, is that the older edition left out all the sources for the pieces. The second edition at times does quote the sources from where they found the pieces but more often than not they do not quote their sources.

In conclusion, to obtain the full version of R. Chaim Berlin’s responsa, both edition are necessary, and definitely worth owning.




R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works

R’ Orenstein, Author of the Yesuos Yaakov: The Controversy Over Publication of his Works
by R. Yosaif M. DubovickR. Y. Dubovick has published many articles on diverse topics. He is currently working on many projects including a critical edition of the Rabbenu Hananel’s commentary on Bava Kama. Additionally, he has published a critical edition of the Mahrashal on hilchot shehita and Yoreh Deah (discussed here ) and R. Dubovick is working on some of the Mahrashal’s other works. As R. Orenstein’s yarhzeit is the 25th of Av, Tuesday, Aug. 26, R. Dubovick provides the following information on this personage and his works.
Biographical Sketch of R’ Orenstein

Perhaps the crown of pre-war Polish Jewry was the city of Lvov (Lviv, Lemberg). Settled in the dawn of our history in Poland, the city was renowned as a center of learning and piety, drawing from the elite of scholarship to its helm. The mere mention of the city’s name draws to mind those Gaonim, such as R’ Yehoshua, author of Shut Pnei Yehoshua, Sefer Maginei Shlomo (grandfather of the author of the noted Pnei Yehoshua on Shas), as well as R’ Shmuel HaLevi author of Turei Zahav on Shulchan Aruch [1](son-in-law of R’ Yoel Sirkes[2] the author of Bayis Chodosh on Tur)[3]. R’ Zvi Ashkenazi (author of Chacham Tzvi, father of R’ Yaakov Emden), R’ Shlomo of Chelm, author of Merkeves haMishnah on Rambam (as well as homilies on the haftorot and a volume of responsa[4]), and R’ Chayim Hakohen Rappoport[5] all held the position of Av Beis Din and Rav of Lvov. The subject of Toldos Anshei Shem by R’ Shlomo Buber, Lvov has had its history well written and studied. R’ Buber went so far as to personally request from the Rav of Krakow, the noted historian and author, R’ Noson Chayim Dembitzer to collate his own findings; the result, a sefer of immense value to any student of history and genealogy, Klillat Yofe.[6] These seforim list prominent men of stature and renown, leaders of the kehillot, their works and ancestors, shedding valuable light on the city’s history. From the beginning of the 5th century, (1640) Lvov’s two communities [‘inner’ Lvov, and ‘outer’ Lvov] united under the leadership of one Rav. This period of grace between the communities lasted for close to two hundred years, and ended with the passing of the famed Gaon of Lvov, R’ Yaakov Meshulem Orenstein in 5599 (1839), the focus of this article. Much has been written regarding this sage, with numerous accounts detailing his biography. Klillat Yofe details his father’s position as Rav of Lvov, R’ Mordechai Zeev, who took office after R’ Shlomo of Chelm stepped down as Rav in order to embark on a journey to Eretz Israel.[7] In 5547 (1787) R’ Mordechai Zeev was taken suddenly from this world, leaving a young twelve year old Yaakov Meshulem an orphan. The youth’s best interests in mind, whilst still in the shiva period he was betrothed to the daughter of R’ Tzvi Hirsch of Yaruslav, who was financially well off and would support his son-in-law.[8] As such, the young man developed in his studies, and gained repute as a scholar of stature. His opinion was sought in many difficult matters, and elders as well as his contemporaries flocked to his doorstep in Yaruslav to discuss various issues with him. Notably, R’ Aharon Moshe Tobias of Satnin, author of Shut Toafos Reem, would spend much time conversing with R’ Yaakov Meshulem.[9] Additionally, he was friends with R’ Yehonosan Shimon Frankel, author of Etz Pri Kodesh, Lember, 1838. See his haskmah where he referrs to him as “yidid nafshe.” He was also friendly with R’ Yaakov Tzvi Yalish, author of Melo haRoim who he refers to as “hu yedidi min’noar.”
R’ Yaakov Meshulem mentions having been Rav AB”D of Zhalkov for a period, but the exact dates aren’t clear. Later, he was appointed to take his father’s seat as Rav AB”D of Lvov, and we find witness that in 5566 (1806) was already serving Lvov as its spiritual head, a position he held for over 30 years, until his passing. The hub of religious activity in Poland, R’ Yaakov’s opinion on halachic matters was sought out by the leading sages of his time. Halachic authorities such as R’ Moshe Sofer (author of Shut Chasam Sofer), and R’ Akiva Eiger, R’ Aryeh Leibish of Stanislaw (as well as with his son and successor R’ Meshulem Yissocher, author of Shut Bar Levai), as well as R’ Yaakov’s relative, R’ Chaim Halberstam of Sanz all queried him on matters of grave importance. His opinions regarding rulings issued by R’ Shlomo Kluger of Brody versus his dissenters are collected in sefer Shivas Eynayim, along with those of his son, R’ Mordechai Zeev. While himself not a member of the Chassidic camp, R’ Yaakov showed no animosity towards Chassidim and their leaders, and is purported to have met with Rebbe Yisroel Freidman of Ruzhin, as well as Rebbe Meir of Premshlyn. As the head of the most prestigious community in the area, R’ Yaakov also held the position of Nasi or president of Eretz Israel, and was responsible for the collation and distribution of all tzedakah funds earmarked for the Holy Land’s poor.[10] In addition, being financially secure, R’ Yaakov established a personal free-loan organization, a gemach. The apple of his eye, his only son R’ Mordechai Zeev was taken from him at an early age on the 17th of MarCheshvan 5597 (Oct 28, 1836). Less than three years later, R’ Yaakov passed away on the 25th day of Av, 5599 (Aug 5, 1839), and was buried next to R’ Shmuel Halevi, author of Turei Zahav. Out of respect for their venerable leader, it was agreed upon that no longer would there be one Rav heading both communities, rather a new title called ‘Rosh Bais Din’, with less authority was implemented. In the succeeding line of leaders, Lvov called R’ Yaakov’s grandson, R’ Tzvi Hirsch to take his rightful place. In turn, R’ Tzvi Hirsch’s son-n-law, R’ Aryeh Leib Broide[11] succeeded him. R’ Orenstein’s Works & the Controversy Over Their PublicationA prolific writer, R’ Yaakov is best known for his magnum opus, Yeshuos Yaakov, novella covering all four sections of the Shulchan Aruch. Published in his lifetime, R’ Yaakov is said to have danced with a copy of a second edition, stating that he is now assured that this work is considered by heaven to be ‘prophetic’ in nature.[12] He also penned chiddushim on the Torah in the order of the parshiyos, at first printed together with the chumash entitled ‘Ein Yaakov‘, and later published as a separate volume. A new edition of these chiddushim was re-typeset in 5764 (2004), with a two page biographical sketch. Throughout Yeshuos Yaakov, R’ Yaakov cites numerous times his chiddushim on Shas, Rambam as well as his teshuvos, responsa. Seemingly, these works remained in manuscript form, and over the course of the years were lost. Recently, an attempt was made to ‘reconstruct’ those chiddushim on Shas based on chiddushim and references gleaned from sefer Yeshuos Yaakov. Chiddushei Yeshuos Yaakov al Seder haShas, 7 volumes, printed by Machon leCheker Kisvei Yad – Chochmas Shlomoh, Yerushalayim, 5757-60/1997-2000. In the last months of 5666 (1906), R’ Avraham Yosef Fisher, a well-known publisher, printed R’ Yaakov’s teshuvos from manuscript, in Peterkov. According to R’ Fisher, he was given the autograph from the then Gerrer Rebbe, R’ Avraham Mordechai Alter (author of Imrei Emes) for printing. The responsa were reordered according to the Shulchan Aruch, and in the end of the sefer, a table of contents as well as a list of errata and annotation was added. For reasons not fully explained, R’ Fisher printed the book sans approbations that he claimed to have received from various leaders. He had applied to several sages for their approval, and while waiting for their response, decided to publish without them. In deference to those letters not at hand, he chose to omit those he did have, citing his desire to publish as taking precedence. This printing of the sefer was photo-mechanically reproduced in New York some forty years ago. Several months after his sefer was printed, R’ Aryeh Leib Broide, the son-in-law of R’ Yaakov’s grandson and heir, R’ Tzvi Hirsch, issued a variant title page, and introduction. Claiming that the book had been in his personal possession to date, he alone had sent it to a printer, one Shimon Neiman for publication. Seemingly, the book changed hands, R’ Fisher took possession of the printed volumes, selling them under his name, with R’ Aryeh Leib Broide receiving a mere thirty volumes. As rightful owner, R’ Aryeh Leib decried this act, and wondered how the name of the Gerrer Rebbe had been brought in to the fray. The variant pages were then bound to these thirty volumes. Speculation as the behind the scenes reasoning would be an exercise in futility, as no word of it was mentioned by the Gerrer Rebbe himself.[13] While it is possible that R’ Aryeh Leib’s claims are accurate, R’ Fisher was a respected publisher, and would only stand to lose by stooping to theft. Further, the silence of the Gerrer Rebbe on the issue is deafening in its own right. What cause could he have had be still regarding this issue? If he did give the book along with a letter, why remain silent? On the other hand, if his name was simply being used, why did he allow himself to remain an accessory to theft, even if only a defacto one? One might postulate based upon the religious leanings of those involved. Lvov at the time was torn between the haskalah movement, and the majority of its opposition, the Chassidim. While R’ Yaakov stood strong against the waves of the enlightenment, after his passing those safeguards he passed began to lose potency. The Rabbinate in Lvov became politically controlled by those with positions of power and wealth, and sentiment among the Chassidic community in Lvov was that even R’ Tzvi Hirsch was suspect of leaning towards the maskilim.[14]> Certainly R’ Aryeh Leib was considered controversial. His son Mordechai (Marcus) studied in Polish schools, received a doctorate, and married Martin Buber’s sister, Gila. It is possible that R’ Neiman had suspicions as to the religious opinion of the book, seeing how the main buyers market were Chassidim. Should the book be published under R’ Aryeh Leib’s name, it might not sell. Moreover, it could be he suspected R’ Aryeh Leib of wanting to edit the text, based on his personal leanings. Perhaps he sent it to the Gerrer Rebbe, who in turn allowed for R’ Fisher to print it, and use his name. In the event of exposure, R’ Fisher would take the blame, while the Gerrer Rebbe would remain silent, thereby obfuscating the facts. This year, a new edition of this controversy-fraught sefer has been published. Completely re-typeset, with the annotations and corrections penned by R’ Fisher added in their rightful locations. Additionally, an index has been set up, to reference the standard ensemble of basic halachic texts; Shas Bavli and Yerushalmi, Rambam, Tur and Shulchan Aruch. Many of the responsa are those alluded to by R’ Yaakov in his Yeshuos Yaakov; some of the letters are replies to expound his thoughts in Yeshuos Yaakov. A veritable ‘who’s who’ of Galitzian Rabbis can be listed among those querying R’ Yaakov; R’ Chayim Halberstam of Sanz, R’ Aryeh Leibish of Stanislaw, and R’ Moshe Sofer, to name a few. The current publisher did not feel the edition would be complete without scouring the available literature and storehouses for those novella and letters that are not readily available. Such, an addendum was appended to the sefer, with additional responsa, derashos, chiddushim and even witticisms and anecdotes not found in the more common seforim. Of note, is a particularly interesting piece R’ Yaakov expounded upon in the main beis medrash of Lvov in honor of Kaiser Franz Joseph [Emperor Franz II], on June 29 1814 (the 11th of Tamuz 5). The spirit of the derashah is the miraculous victory the Emperor had over Napoleon Bonaparte, and how he was Divinely aided in battle. A lone copy of this sermon survived, and Dr. M. Balaban reproduced it in his volume in honor of Dr. Mordechai (Marcus) Broide. Other curios include novella that elaborate on those posed in Yeshuos Yaakov, and anecdotes from obscure works of that period. In one incident, while speaking with a local Rav of lesser standing, R’ Yaakov offered a very insightful thought. The Rav, realizing the potential use of this thought in a personal derashah, asked of R’ Yaakov to ‘present’ him with this thought and make it his “own”. Understanding the Rav’s motive, R’ Yaakov agreed under one condition: that upon using the thought as his own, he must announce that he received it as a gift from R’ Yaakov. As a final touch, the publisher added a photo of the original title page, as well as the variant pages printed by R’ Aryeh Leib. The ability to locate an extant copy of one of thirty copies ever bound testifies to the sheer effort expended in this edition.[Available at Girsa Books, Jerusalem; Biegeleisen Books, Brooklyn NY USA, and fine bookstores worldwide]

[1] Originally, the sefer was written as glosses and comments on Tur, much like the work by his father-in-law. [One might correlate the two works even more closely, and claim both emanated from marginal notes. See Prof. Y. S. Speigel, Amudim bToldot Hasefer haIvri, vol. 1, p. 297.] Later these notes were edited to form the present commentary.[2] R’ Shmuel married R’ Yoel’s widowed daughter-in-law (m. R’ Shmuel Tzvi Hertz, son of the Bach), and raised her orphan R’ Aryeh Leib, author of Shut Shagas Aryeh (w/ Kol Shachal). R’ Aryeh Leib was sent along with his brother by his stepfather to investigate the issue of Shabbtai Zvi.[3] During the outbreaks of 5424, two of his sons were massacred along with hundreds of the cities inhabitants. See D. Kahane, Sinai, 100 (Jubilee Volume), pp. 492-508.[4] Both published by Mossad HaRav Kook from manuscript.[5] Author of Shut R’ Chayim HaKohen.[6] Indexed by Jacob B. Mandelbaum.[7] Unfortunately, he never made it to E. Israel, having passed away along with his wife in the city of Salonika, Greece, and is entombed there. See A. Brick, Sinai 61, pp. 168-84.[8] Introduction to Yeshuos Yaakov.[9] Citation in Klillat Yofe and see here as well.[10] Called “the charities of R’ Meir Baal Hanes”. There is uncertainty regarding the true name of this charity. Historically, the tanna Rebbi Meir was never called “Baal HaNes” and the name is not found in neither Geonic literature or in works by the Rishonim. Furthermore, geographical guidebooks that list gravesites in E. Israel mention TWO R’ Meirs, one in Teveryah (this is the grave of the well known tanna, the student of R’ Akiva and friend of R’ Yehuda and R’ Shimon Bar Yochai) and one in Gush Chalav, the second bearing the name “Baal Hanes”. This would seem to distance the moniker from the well known R’ Meir even further despite his ability to perform miraculous accounts (see A”Z 18b. see also Petach Eynayim by R’ Chida ad loc). In his pamphlet biography of Ramban, R’ Reuven Margolis notes the above discrepancies. Based on Ramban’s final sermon in Spain, extolling the urgency to support those dwelling in the Holy Land, as well as Ramban’s personal activities in founding a house of worship along with a yeshiva in the then desolate Yerushalayim, R’ Margolis offers a novel theory. He is of the opinion that at one point, whether while heading his personal yeshiva in Yerushalyaim, or perhaps as the subsequent head of the Yeshiva of R’ Yechiel of Paris in Acco, Ramban established a central organization charged with soliciting and collecting funding from the Diaspora. As the years passed, the fund was named after its founder, Charities of Ramban. In all likelihood, at the fall of Acco to the Mamelukes, the Yeshiva was dismantled, and the funding dwindled, the name falling into disuse. At the rebirth of E. Israel settlement, perhaps in the times of R’ Chayim Abulefia in Tiveryah, the acronym forming the name RMB”N was reinstated as an antique fund, and further misinterpreted to be read R’ Meir Baal haNes.[11] Father of Dr. Marcus Broide. Out of respect for his grandfather, who opposed secular studies, Marcus did not attend university. See M. Balaban, Shalshelet haYachas shel Mispachat Orenstein-Broide, Warsaw, 1931.[12] Intro to Y”Y al hatorah[13] Rosh Gulat Ariel (A.M. Segal, Yerushalayim, 1990) page 378 citing an article in Ner Yisroel by the late R’ Tzvi Yizchok Abromovitz, rabbi of Chatzor HaGalilit.[14] Balaban.




Regarding Haftarah on Simchat Torah and the daily obligation to recite 100 blessings

Regarding Haftarah on Simchat Torah and the daily obligation to recite 100 blessings
Chaim
Sunitsky
It is well known that
Simchat Torah is not mentioned anywhere in the two Talmuds or Midrashim[1]. In
fact we have no proof that in the times of Talmud they used to finish the Torah
cycle reading on Simchat Torah. The prevalent minhag in the land of Israel was
to read the Torah not in one year but approximately in three[2]. In
fact it seems that every synagogue read at its own speed[3]
without any established cycle, so speaking of the specific “day” when they
would finish the reading is meaningless[4].
However in Babylon
where they read Torah in one year, it is important to establish when did they
finish? One would assume that reading in one year meant finishing on Shabbat
before Rosh Hashanah[5] or
Shabbat before Yom Kippur (since the 10 days between Rosh Hashanah and Yom
Kippur while technically being already in the next year are also related to the
previous year[6].)
Indeed R. Rueben Margolis[7]
claims that the original custom was to finish reading the Torah cycle on
Shabbat before Yom Kippur[8]. One
of his proofs is the statement in the Talmud[9] that
R. Bibi bar Abaye wanted to finish reading all parshiyot on the eve of
Yom Kippur, and when he was told this day should be reserved for eating, he
decided to read earlier. Had they finished the cycle after Yom Kippur, why
didn’t R. Bibi bar Abaye instead postpone it for later[10]?
This idea also explains the tradition that there are altogether 53 parshiyot
in the Torah[11],
and therefore Nitzavim and Veyelech[12]
should be counted as one. According to this all 53 parshiyot were always
read on Shabbat and there never was a special parsha that is read only
on Yom Tov[13].
Even though the Talmud
(Megilah 31a) mentions that on Simchat Torah, “Vezot Habracha” is read,
there is absolutely no proof that they read the entire parsha till the
end of Torah. What is more likely is that this parsha was chosen for
this particular day of Yom Tov, just as all other parshiyot chosen for
various holidays in the same sugia. Maybe the reason is that they wanted
to finish Sukkot with the general blessing of all the Jewish tribes[14].
This also explains the
Haftorah for this day. According to the Talmud (ibid) it is from the prayer of
Shlomo (Melachim 1:8:22) right before the Haftorah of the previous day
(1:8:54). The prayers and blessings of Shlomo fit perfectly with the prayers
and blessings of Moshe[15].
However our custom is to say the Haftorah from the beginning of Yehoshua.
Indeed the Tosafot (Megilah 31a) ask why our custom this contradicts the Talmud[16]?
However according to the assumption that only during Gaonic times did we start
reading the entire last parsha of the Torah on the second day of Shmini
Atzeret[17], it
makes sense that this caused the change in Haftorah, as the beginning of Sefer
Yehoshua is a natural continuation of the Torah and it starts with the death of
Moshe.
The second topic of
this post is regarding the obligation[18] to
make 100 blessings every day. This is codified as halacha in the
Shulchan Aruch[19].
However the common practice seems to be not to count[20] the
number of blessings and make sure to say 100 every day. Indeed on the holiest
day of our year – Yom Kippur[21] it’s
virtually impossible to make so many blessings. Indeed the Brisker Rav – R.
Yitzchak Zev Soloveitchik is quoted as counting the blessings he made every day
except on Yom Kippur since making 100 blessings on Yom Kippur is impossible
anyway, he did not even try to make as many as he could[22].
Another problem is that
most women who don’t pray 3 times a day almost never pronounce 100 blessings per
day. This led some poskim to write that women are not obligated in this
mitzvah[23].
All of this led some Rishonim
to look for alternative ways one can be considered to have made 100 blessings.
One of approaches it to count some of the blessings one hears as if he made
them[24].
Another approach is to count the prayer “Ein Kelokenu” as a number of
blessings[25].
This approach obviously seems somewhat farfetched[26].
In this short article
we will try to see if the is a different reason why the practice of 100
blessings was not originally followed by the majority of Jews. It is known that
not all halachik obligations are treated equally[27].
There are various reasons for this[28] but
at least one has to do with traditionally following what our ancestors did. If
the Jews originally resided in areas where the majority of grain was “yashan[29]” and
later moved to northern countries where the crop is planted after Passover and
all the grain of that crop is “chadash”, they continued ignoring the
prohibition against it[30].
Similarly the Brisker Rav said the reason very few people ever ask a rabbi
questions regarding trumot and maaserot is because they never saw
their parents who lived outside the Land of Israel do so[31].
At times however it
seems that the Jewish people originally followed an alternative opinion in halacha
and later when the Shulchan Aruch paskened according to a different
opinion the old custom did not change[32]. In
my humble opinion it seems the custom of making 100 blessings a day was also
originally not obligatory[33], and
even when the Rambam and the Shulchan Aruch effectively made it so, the people
continued not to “count their blessings”.
The wording of the
Talmud (Menachot 43b) is as follows:
תניא
היה רבי מאיר אומר חייב אדם לברך מאה ברכות בכל יום שנאמר ועתה ישראל מה ה’ אלקיך שואל
מעמך רב חייא בריה דרב אויא בשבתא וביומי טבי טרח וממלי להו באיספרמקי ומגדי

It was taught[34]: R.
Meir used to say, a man is bound to say one hundred blessings daily, as it is
written, “And now, Israel, what doth the L-rd thy G-d require of thee[35]”? On
Sabbaths and on Festivals R. Hiyya the son of R. Awia endeavored to make up
this number by the use of spices and delicacies.

The obvious question is
why does the Talmud mention only R. Hiyya ben Awia as making a special endeavor
to compensate the missing blessings[36]?
What did everyone else do? It would seem logical that if there was a legal obligation
for everyone to make 100 blessings, the Talmud should have asked: and how do we
make up for missing blessings on Shabbat and Yom Tov[37]? It
would seem that R. Meir does not actually require to count the blessings one
makes during the day and make sure there are 100, and only one sage went out of
his way to always make 100 blessings. We similarly find other laws of the
Talmud that are stated as actual prohibitions but are possibly only
stringencies. These examples may include the prohibition of entering a business
partnership with an idolater or the prohibition of lending money without
witnesses[38].
Similarly the Rashba[39]
considers the prohibition against drinking bear with idolaters to be just “the
custom of holy ones (minhag kedoshim)”.
Even more compelling is
the version of the statement of R. Meir in Tosefta and Yerushalmi (end of Berachot)
implies that one would just normally end up[40]
making 100 blessings on regular weekdays:
תני
בשם רבי מאיר אין לך אחד מישראל שאינו עושה מאה מצות בכל יום. קורא את שמע ומברך לפניה
ולאחריה ואוכל את פתו ומברך לפניה ולאחריה ומתפלל שלשה פעמים של שמונה עשרה וחוזר ועושה
שאר מצות ומברך עליהן

We learned in the name
of R. Meir that every Jew does [at least] 100 mitzvot [by making 100 blessings]
every [week]day. He reads Shma with blessings before and after[41],
eats bread with blessings before and after[42], and
prays 3 times 18 blessings[43] and
does other mitzvot[44] and
makes blessings on them.

I found the same proofs
in the Metivta edition of the Talmud in the name of R. Yerucham Fishel Perlow[45]. He
also brings that R. Meir’s statement in our Talmud Bavli is according to some versions:
 מאה ברכות חייב
אדם לברך בכל יום[46] and he suggests it can be translated as “100 obligatory
blessings does one make per [week]day” rather than “100 blessings is one
obligated to make per day”. He also brings some Gaonim and Rishonim
who understood that the mitzvah of making 100 blessings a day is not a full
obligation[47].
In conclusion I’d like
to mentions that obvious: this article was only meant to explain why many are
not as careful about the law of making 100 blessings per day as they are
regarding other laws contained in the Shulchan Aruch right next to this law
(i.e. the laws of morning blessings). This short essay is definitely not meant
as a halachic guide. We certainly should try to fulfil the letter of the law by
either listening carefully on Shabbat and Yom Tov to the blessings on the Torah
and Haftorah as well as the repetition of Shmone Esre[48], or
eat a few snacks which contain foods that require different blessings[49].


[1] It is however
mentioned in the Zohar 3:256b.
[2] Megilah 29. It
was already linked to their general dividing many of the sentences into much
smaller verses (Kidushin 30a).We may actually have this preserved in Devarim
Rabbah where each new chapter starts with: Halacha, Adam MeYisrael and we have
21 such beginnings instead of 10 or 11 for parshiyot of Sefer Devarim. 
[3] See Hiluke
Minhagim between Eretz Yisrael and Babel.
[4] Although they
would presumably make the “siyum” and celebrate when they did indeed finish the
Torah (see Kohelet Rabbah 1:1).
[5] See Levush, 669
who gives a somewhat strange explanation that the reason we don’t finish the
cycle of Torah reading by Rosh Hashanah is to “deceive the Satan”.
[6] GR”A to Sifra
Detzniuta, see also a similar idea in TB Rosh Hashanah 8b.
[7] Shaare Zohar,
Megilah 30b, Nitzutze Zohar 1:104b, 3rd note.
[8] He seems to
claim this for Eretz Yisrael but it seems more reasonable to say this is true
regarding Babel.
[9] Berachot 8b.
[10] Indeed for us
the halacha is that someone who didn’t read the parsha on time, should finish it
before Simchat Torah.
[11] See for example
Tikune Zohar, 13th Tikun, GR”A there.
[12] Indeed at the
end of these two parshiyot we have one Masoretic note that counts all their
verses together – 70, rather than 30 verses for Nitzavim and 40 for Vayelech as
is usual for other parshiyot that are sometimes joined. Regarding their
splitting see also Tosafot, Megilah, 31b and Magen Avraham, 228.
[13] According to
this on certain years, when there was no Shabbat between Yom Kippur and Sukkot,
two other parshas were joined.
[14] See Sefer
Hamanhig, Sukka.
[15] See also Rashi,
Megilah 31a that Shlomo sent away the people on the eight day and this is why
the Haftorah for Shmini Atzeret was taken from this chapter.
[16] See also Rosh
and Tur that claim our custom is based on Yerushlami, but this is found not in
our Yerushalmi.
[17] Note that one
can’t bring any proof for this from the fact that the Talmud (Megilah 30a) does
not mention that on Simchat Torah 3 Sifrey Torah are taken out as it mentions
regarding Hanukkah that falls on Shabbat and Rosh Chodesh, and regarding Rosh
Chodesh Adar that falls on Shabbat. Aside from being an argument from silence,
the custom to read a passage regarding the mussaf sacrifice from Parshat
Pinchas is not of Talmudic, but of Gaonic origin (see Bet Yosef, 488). So we
would at most expect there to be two Torah Scrolls on the second day of Shmini
Atzeret, but if our argument is correct, they read only from one scroll.
[18] Talmud,
Menachot 43b. There are some sources that seem to attribute this law to King
David (Bemidbar Rabbah 18:21).
[19] Orach Chaim
46:4.
[20] On a typical
weekday one pronounces 100 brachot anyway due to large number of blessings in 3
Shmone Esre prayers (3*19=-57). However on Shabbat and Yom Tov the 4 Amidahs
with 7 blessings each make only 28 blessings, and the only way to make 100
blessings is by eating fruits and snacks and smelling fragrances throughout the
day.
[21] Even though we
pray five Amidahs on Yom Kipur, each has only 7 blessings and since there are
no meals throughout the day we can only compensate the missing brachot by
smelling various fragrances and making blessings on them.
[22] See Tshuvot
Vehanhagot 4:153.  Others say one should
still try to maximize the number of blessings even if you can’t reach 100 (R.
Haim Kanevsky quoted in Dirshu edition on Mishna Berura, 46).
[23] Shevet Halevi
5:23, Tshuvot Vehanhagot 2:129. However R. Ovadia Yosef (Halichot Olam,
Vayeshev) obligates women in making 100 blessings.
[24] See Orach Chaim
284:3.
[25] See Machzor
Vitri,1; Sidur Rashi,1; Rokach; Kol Bo, 37.
[26] See Sefer
Hamanhig, Dinei Tefillah (page 31) ולפי דעתי אין שורש וענף
לזה המנהג.
[27] The GR”A explains
that the statement in the Talmud (Shabbat 155b): “there is no one poorer than a
dog or richer than a pig” hints to two prohibitions: eating pork and speaking
lashon hara (evil speech). While every Jew is careful about the former (this
mitzvah is “rich”), very few people fully keep the latter (and this mitzvah is “poor”).
[28] Some mitzvot
are just very difficult to keep, like the obligation for every man to write his
own Sefer Torah.
[29] The five main
grains that took root after Passover are forbidden to be eaten until the day
after next Pesach and are called “chadash” – new [crop]. The grain from the
old, permitted crop is called “yashan” – old. Some poskim hold that the
prohibition does not apply outside the land of Israel, but the GR”A thought
these laws are applicable everywhere.
[30] See the GR”A
Yore Deah 293:2 אלא שנמשך ההיתר שהיו זורעין קורם הפסח.
[31] Similarly the
Chofetz Chaim says the reason most people ignore the prohibition against evil
speech is also because their parents did not stop them from speaking Lashon
Hara from childhood (Haga in the end of his 9th chapter of Chofetz
Chaim).
[32] I brought an
example of this in an article about mezuza, where it seems there used to be an
opinion followed that a house with more than one entrance only requires one mezuza.
[33] It is
interesting that according to the Manhig (quoted above) ונראין
הדברי’ שאחר שיסדן משה רבינו ע”ה שכחום וחזר דוד ויסדם לפי שהיו מתי’ ק’ בכל יום Moshe first instituted this law and it was
later “forgotten” and reinstituted by David. I am not sure how it’s possible
that this law would ever be “forgotten”.
[34] I am quoting
Soncino’s translation.
[35] There are a few
different interpretations regarding how this verse hints to 100 blessings, see
Rashi and Tosafot.
[36] See Hida,
Machazik Beracha to Orach Chaim 290.
[37] See similar
logic in Tosafot Baba Metzia 23b that we don’t pasken like Rav that meat that
was not watched becomes forbidden since the Gemora asks: “how does Rav ever eat
meat” and does not ask: “how do we eat meat”. See also Rosh, Pesachim 2:26 that
only one sage was careful to start the “Shmira” of matza so early, and
therefore the halacha for us does not follow him (Yabia Omer 8:22:24).
[38] See for example
Ritva, Megillah 28a, see also Ran on the Rif, end of first perek of Avoda Zara.
[39] See Bet Yosef,
Yore Deah 114 in the name of Torat Habayit.
[40] It’s also
possible R. Meir’s statement is in realm of agada rather than halacha.
[41] That’s 7
blessings.
[42] If he eats 2
meals a day and makes Birkat Hamazon with a cup of wine, he will make 2+4+2
blessings during each meal, i.e. 16 blessings a day.
[43] 57 blessings.
[44] The blessings
on tefillin and tzitzit make 2 or 3 blessings, blessing on the washing hands
and two or three blessing on the Torah add another 5-7 blessings. Altogether we
get 7+16+57+5/7=85/87 blessings. If we add all the morning blessings we will
get more than 100.
[45] Commentary to
R. Saadia’s Sefer Hamitzvot (Aseh 2).
[46] This is the
Girsa of Tur and some other Rishonim.
[47] See R. Perlow
on Sefer Hamitzvot quoted above.
[48] At any rate one
should listen carefully and if there is a small minyan, when people don’t pay
attention to the blessings on the Torah or to the repetition of Shmone Esre,
they cause a “bracha levatala”.
[49] For example an
apple, some watermelon, a piece of chocolate and some cake will add 4 blessings
before and 2 after.



The Pew Report and the Orthodox Community (and Other Assorted Comments), part 2

The Pew Report and the Orthodox Community (and Other Assorted Comments), part 2
by Marc B. Shapiro
Continued from here.
Returning to the matter of Jewish men and non-Jewish women, it is noteworthy that the Spanish scholar R. Solomon Alami (14th-15th centuries), in his ethical will to his son, specifically warns him to abstain from sexual relations with non-Jewish women.[1] Note how in the following passage he also assumes that Reuben actually had sexual relations with his father’s concubine (an opinion also shared by talmudic sages, though in my experience the alternative view, that he didn’t actually do this, appears to be the standard approach among contemporary darshanim).
בבת אל נכר אל תחלל בריתך. היה גבור כארי למשול בתאוותך, תהי צדיק מושל יראת א-להים להטיבך באחריתך. השמר ממר ממות ופרוש מן הזימה. טמאת השם רבת המהומה. וזכור דבר זמרי ורעתו. וחרפת שבטו ברדוף נשיאם תאוותו. הלא אל אלה חטא שלמה מלך ישראל ונחלקה מלכותו. וזכור צדקת יוסף אשר גבר על יצרו ולא נתן מאוויי גבירתו. ותשב באיתן קשתו. עם גודל יופיו ועדונו והוא בבחרותו. והיה זה סיבה לשום במרום מדרגתו. וכל בית אביו חיו בזכותו. ונתנה לו הבכורה ונדחה ראובן בחללו יצועי אביו מבכורתו. כי לא יאות הכבוד לנקשר בזימה בכחשו.
An Italian list of takkanot from 1418 also speaks about this problem, that Jewish men thought that there was nothing wrong with having sex with non-Jewish women[2]: הנשים הנכריות מותרות בעיניהם. The fact that the various moralists speak about this issue shows that it was a real problem. While suggestions were offered to help men overcome sexual temptations, there was a recognition that, as the Talmud, Hullin 11b, states, “There is no guardian against unchastity,” אין אפוטרופוס לעריות. This principle is quoted by R. Joseph Karo in Shulhan Arukh, Even ha-Ezer 22:15.[3] Yet interestingly enough, in R. Karo’s Magid Meisharim[4] he is told that since he is entirely involved with service of God he cannot be seduced even by a naked woman.
מאחר שלבך תמיד אינו מהרהר אלא בעבודתי אפילו תפגע באשה ערומה לא תבוא לידי חטא
We know that there were some who argued that it was better for men to use Jewish (single) prostitutes so that they not come to having sex with married women or engage in homosexual acts.[5] (I am referring to places where Jews could not avail themselves of non-Jewish prostitutes, as the punishment for this was often execution.) R. Moses Hagiz[6] argues against this position, stating that we do not permit a lesser offense to prevent one from violating a more severe offense. He even calls this approach hukot ha-goyim.
והלכו בחוקת הגיום שזו היא טענת פטור אצלם אכן אנו בני ישראל הקדושים כשהשני איסורים הם מדאורייתא או תרי דרבנן אין לנו להתיר הא’ מחשש שלא יבא לעשות האחר
This passage is quoted by R. Isaac Lampronte, Pahad Yitzhak, s.v. boel aramit. He then adds that he heard from a hakham that sex with a Jewish prostitute is worse than sex with a non-Jew because of the possibility that that one will violate the niddah prohibition.
דיכול לבוא לאיסור נדה שהיא בכרת
Notice how he doesn’t say that one will certainly violate the niddah prohibition, only that it is a possibility. What this means is that even the Jewish prostitutes were expected to go to the mikveh, but that one can’t assume that they would indeed do so, and this explains why sex with a non-Jewish woman is preferable.[7]
But he adds that this should not be said publicly or to an ignorant person as this knowledge could lead men to have sex with non-Jews since they will mistakenly conclude that the prohibition is not so serious.
אין אומרים דבר זה בפרהסיא או בפני עם הארץ, כדי שלא ינהגו פריצות בביאות גויות.
What we are discussing was not simply theoretical since R. Isaac Arama, writing in fifteenth-century Spain, tells us that not only did the Jewish community leaders (שופטי ישראל) not take prostitution seriously, but in a few (קצת)[8] communities Jewish prostitutes were welcomed and even supported with Jewish communal funds (!).[9] This was done as the prostitutes were thought to be performing a public service, since without them it was thought that men would be led to have sex with married women or non-Jewish women (which as mentioned already could lead to execution). From a responsum of R. Judah ben Asher,[10] we see that even in an earlier era this point had been made with regard to “loose women” (and was rejected by R. Judah who thought it was better to have sex with a non-Jewish woman for whom the niddah prohibition did not apply):
ומוטב שיסתכנו הגופים מן הנפשות
Arama tells us that on different occasions he argued with the communal leaders, and also before גדוליהם which I assume means their rabbis, that it is one thing if someone commits a sin in private. In such a case, Arama would probably agree that it would be better for a man to have sex with a Jewish prostitute than with a with a non-Jew. (It must be that these prostitutes went to the mikveh, as Arama doesn’t mention anything about the niddah prohibition.) But Arama is firm that it is absolutely forbidden for the community – and he includes in this בתי דיניהם showing that the rabbis were complicit – to countenance any sin whatsoever, in this case welcoming in Jewish prostitutes, even if this strict stance leads to people committing greater sins or being executed by the non-Jews.[11]
R. Isaac Bar Sheshet (Rivash) had earlier also testified to the fact that the “gedolei ha-dor” had acquiesced to the existence of Jewish prostitutes in order to prevent men from visiting non-Jewish women, with all the dangers this entailed.[12] Contrary to Avraham Grossman,[13] the Rivash is not saying that this is what the “gedolei ha-dor” should do when faced with such a circumstance. Rather, he is decrying what they did. I am curious to hear if readers agree with me. Here are the words of the Rivash:
והרמב”ן ז”ל כתב בפ’ התורה שהיא אזהרה לב”ד שלא יניחו בנות ישראל להפקיר עצמן לישב בעינים על הדרך או בקובה של זונות לזנות לכל יבא. בואו ונצווח על דורנו שאין דומה יפה, וגדולי הדור העלם יעלימו את עינים פן יכשלו בני פריצי עמנו בנכריות ותצא אש ומצאה קוצים ונאכל גדיש
Returning to intermarriage, we see something very interesting in Pirkei de-Rabbi Eliezer, ch. 39. According to this text (which is paralleled by other midrashim[14]), Jacob’s sons married their sisters. The explanation given is that they did so in order not to marry the local inhabitants:
כדי שלא יתחתנו בעמי הארצות
This is quite an incredible assertion, since incest is forbidden under the Noahide code. If there were no eligible marriage partners, one would have expected Jacob’s sons not to marry at all rather than marrying their sisters. R. David Luria, in his commentary on the passage, does not even deal with this problem, instead noting that elsewhere in rabbinic literature one finds that Jacob’s sons did marry the local women. (For some reason, R. Luria’s edition does not include the words כדי שלא יתחנתו בעמי הארצות, which comes right after the text stating that Jacob’s sons married their sisters. This does not appear to be an act of censorship, since the real issue is not the explanation for their marriages, but the incestuous marriages themselves, and this is still found in R. Luria’s edition.)
The Tosafists have a simple response to this problem: Since the Torah had not yet been given Jacob’s sons only observed what they wanted.[15]
מאחר שלא נצטוו על התורה אע”פ שידעוה ברוה”ק מה שהיו רוצין היו מקיימין ומה שלא היו רוצין היו מניחין.
Nahmanides, Commentary to Gen. 38:2, assumes that each of the brothers married one of the twins of the other brothers, but not their own twins. Furthermore, no one actually married a complete sister, i.e., sons of Leah did not marry daughters of Leah. Thus, they did not violate Noahide Law. (I think this is probably also what the Tosafists assumed in the passage mentioned above.) While Nahmanides’ understanding works with some of the midrashim, it cannot be fit into the language of Pirkei de-Rabbi Eliezer, ch. 36, which states explicitly that each son was born together with his future wife:
  וכולן נולדו זווגן עמם חוץ מיוסף שלא נולדה זווגה עמו
Furthermore, Bereshit Rabbah 80 states that Simeon married Dinah, and she was his sister from the same mother. It is precisely in order to answer this problem that a Tosafist cites the Aggadah[16] that Dinah was actually first impregnated in Rachel, and God later transferred her to Leah, meaning that Simeon and Dinah were really not from the same mother.[17] (Many have pointed out that this has implications to the debate about the status of children born from surrogate mothers.[18])
The Maharal explains that the situation of the brothers marrying their sisters was an exceptional case, since if they did not marry them the only available marriage partners would have been pagan women.[19] As the Maharal notes, the parallel is to the sons of Adam who were permitted to marry their sisters since there was no one else for them to marry. This permission to marry their sisters was known to Jacob through ruah ha-kodesh, and the Maharal adds that one should not think that this contradicts the Torah, “for the one who gave the Torah forbade [it] and the one who gave the Torah [also] permitted [it].” In other words, God is the source of the law so he can choose to alter it if he chooses.
This approach can also explain the story of the akedah which troubles so many. If the reason not to murder is because God says so, then God can, if He wishes, permit murder in certain cases. I don’t want to get into the issue of Natural Law and the Euthyphro problem. Suffice it to say that most people would assume that the prohibition against incest is indeed part of Natural Law and not simply because God forbids it. Yet it must be noted that Sanhedrin 58b records a view that the Noahide code does not forbid marriage between brothers and sisters. According to Sanhedrin 58b, and this is followed by pretty much all commentators and halakhists, a non-Jew is permitted to marry his daughter. See also Mishneh TorahHilkhot Melakhim 9:5.[20] That at least some of the prohibitions on incest are not part of Natural Law would also seem to be a necessary conclusion of the Sifrei,[21] which states that the Children of Israel were driven to tears when Moses told them that they could no longer marry their sisters (from their fathers).[22]
וישמע משה את העם בוכה למשפחותיו . . . שהיו ישראל מצטערים בשעה שאמר להם משה לפרוש מן העריות מלמד שהיה אדם נושא את אחותו ואחות אביו ואחות אמו ובשעה שאמר להם משה לפרוש מן העריות היו מצטערים.
R. Ari Chwat has made the following interesting point.[23] The fact that the Sages state that the sons of Jacob married their sisters, something forbidden under Noahide law, illustrates how important it was for them to show that the brothers did not marry Canaanite women. In order to free them from the stain of intermarriage, the Sages were even prepared to claim that they had incestuous marriages. This shows how bad intermarriage was regarded by them.
נראה שכך יש להבין גם את המדרש (פרקי דר’ אליעזר פל”ה [צ”ל ל”ו] וב”ר פ, יא) שבני יעקב נשאו את אחיותיהם, למרות שיש בכך משום האשמתם בגילוי עריות, דבר שאסור אפילו לבני נח מלפני מתן תורה. אלא שרצו חז”ל ללמד זכות על אבותינו עצמם, ולנקותם מעבירת נשואי תערובת, עבירה בעייתית בדורם של חז”ל. כלומר: היות ועבירת נשואי אחיות לא עמדה על סדר יומם של חז”ל, ממילא האשמה זו תפגע בכבודן של אבותינו פחות מאשר להאשימם בנשואי תערובת, מעשה המתאים רק לשפלים ביותר בעם.
Regarding intermarriage, take a look at the following fascinating responsum from R. Meir of Rothenburg that appears in Teshuvot Ba’alei ha-Tosafot, ed. Agus, no. 72 (pp. 152-153). 

It begins by referring to the widow of a man “who was not pure”. What does this mean? From the responsum it would appear that this woman was “married” to a non-Jew. Based on the answer, it seems that she was claiming that she had done nothing wrong with this “marriage”, as she had received rabbinic permission, and therefore she should not suffer any stigma.[24] R. Meir tells us that he knew a woman of whom it was said that the rabbis permitted her to have sexual relations with a non-Jew. He also states that he heard that in France the rabbis permitted this for several women. What this appears to mean is that the rabbis permitted the Jewish women to live with non-Jewish men (since the rabbis were certainly not permitting promiscuous sexual relations). Irving Agus reasonably suggests that the reason these “intermarriages” were permitted is that refusal to allow them would have endangered Jewish lives.[25]
R. Meir does not accept this permission at all, and points out that the talmudic examples of Jewish women having sexual relations with non-Jews were when they were forced. Yael’s sexual encounter with Sisera was intended to weaken him out so she could then kill him. Following R. Meir’s responsum, there is an additional note, apparently from R. Mordechai ben Hillel, stating that it is not certain that had Esther and Yael consulted with halakhic authorities that they would have been given permission for their actions. The copyist rejects this point, noting that since the actions of Esther and Yael were done in order to save the Jewish people, what they did was certainly permitted. Howewver, one cannot use these cases to also permit other women to have sexual relations with non-Jews.
On the general matter of sex, I would like to call readers’ attention to a book that recently appeared. It is called Devar Seter and no author is given. You can see the book here.
This book is, as far I know, the most liberal work on the halakhot of sex ever to appear. I am worried that if I get too explicit and explain what I mean by “liberal” that some readers’ internet protection will prevent them from accessing this post. Therefore, I won’t say any more about the book except than I find it interesting that a number of rabbis who praise it only feel comfortable doing so anonymously.
Another book on sex recently appeared, this time in English, which also has a very liberal perspective, although it is not focused on halakhah but is a self-help book. It is authored by Rabbi David Ribner and Jennie Rosenfeld and is titled The Newlywed’s Guide to Physical Intimacy.[26]
A reader alerted me to an article on the book available here, and asked if I could comment on the following excerpt.
It is widely believed that ultra-Orthodox Jews are so concerned about modesty that they have sex through a hole in a sheet.
But this is a total myth, says Ribner: “There has never been a group of Jews anywhere in the world that has advocated having sex through a hole in a sheet. That has never happened. It doesn’t happen today, it never happened in history. It’s not advocated in any text within the Jewish community.”
I have no idea if there is anyone today who uses a sheet for sexual intercourse. There is certainly no community that insists on this (not even the Gur Hasidim, whose sexual behavior is extremely ascetic). However, it is simply incorrect to say that this action is not advocated in any text. Usually, when you have a widespread rumor like this, there is some basis for it, even if the original source has been distorted.
What is the origin of the idea of sex through a sheet? The Jerusalem Talmud, Yevamot 1:1, states that R. Yose ben Halafta, who performed the levirate marriage with his sister-in-law, had sex in this fashion: דרך סדין בעל. In case the words דרך סדין were not clear to readers, R. Baruch ben Isaac explains in Sefer ha-Terumah, Hilkhot Halitzah (Jerusalem, 1983), p. 46a, that it means that R. Yose ben Halafta made a hole in the sheet[27]: 

נקב עשה בסדין דרך מקום ביאה
This was done so that his personal pleasure be reduced and the focus be on the mitzvah.[28] The Talmud records that he had five children with this woman, and it is not clear if he used the sheet throughout their marriage or only in conceiving the first child (see Korban ha-Edah, ad loc., and also R. Hayyim Kanievsky’s commentary).[29]
If this was all we had, it would not be of great significance. All it would show was that one talmudic sage used the “hole in the sheet” method. There is no implication from the passage that anyone else adopted this approach. Yet based on this text, R. Meir of Rothenburg indeed assumed that when it came to levirate marriage this was the general practice among the pious during tannaitic times.[30]
ואפי’ חסידים הראשונים דור התנאים כשהיו מיבמין היו בועלין דרך סדין כדמשמע בירושלמי (פ”ק דיבמות ה”א) ר’ יוסי בר’ חלפתא הי’ בועל יבמתו דרך סדין
R. Jacob Emden, whose writings include a good deal about sexual matters, assumes that this type of hasidut is only applicable with levirate marriage, but not with one’s wife.[31]
דווקא ביבמה יש מקום לחסידות כזה לא זולת
There is also another significant passage, and it comes from the Vilna Gaon. He comments on the following text from the Shulhan Arukh, Orah Hayyim 240:8:
וי”מ מגלה טפח ומכסה טפח שלא היה ממרק האבר בשעת תשמיש כדי למעט הנאתו
The point of this text is that even during sex one should attempt to lessen the pleasure. In his note on this passage, the Gaon ties R. Joseph Karo’s words to what we have just seen in the Jerusalem Talmud. He then states that although one can say that R. Jose ben Halafta acted this way only because he was performing a religious ritual (levirate marriage), nevertheless, “it is also proper to act this way with one’s wife.” In other words, in contrast to what R. Jacob Emden wrote, the Gaon tells us that the practice of sex through a sheet is according to one opinion a valid and even recommended method of lessening sexual pleasure. A well-known talmid hakham who examined this text at my request wrote to me that since the Gaon does not object it implies acceptance, meaning that the Gaon would have approved of the proverbial hole in the sheet.

Use of a sheet would appear to be contradicted by the following passage in Ketubot 48a:
R. Joseph learnt: Her flesh [שארה] implies close bodily contact, viz., that he must not treat her in the manner of the Persians who perform their conjugal duties in their clothes. This provides support for [a ruling of] R. Huna who laid down that a husband who said, ‘I will not [perform conjugal duties] unless she wears her clothes and I mine’, must divorce her and give her also her ketubah.
Yet this text, which rejects the approach of the Persians, is itself opposed by R. Gamaliel who stated: “For three things do I like the Persians: They are temperate in their eating, modest in the privy, and chaste in another matter [i.e., sexual behavior]” (Berakhot 8b).[32]
Another interesting point related to sex and seforim is the following. Megillah 13b states: “R. Johanan said: Bigthan and Teresh were two Tarseans and conversed in the Tarsean language. They said: From the day this woman came we have been able to get no sleep. Come, let us put poison in the dish so that he [Ahasuerus] will die.”
Bigthan and Teresh couldn’t get any sleep since they could not go to sleep as long as the king was awake. But why was the king not going to sleep? Rashi explains that he found Esther so attractive that he had lots of sex with her, and this was keeping him up at night.
מתוך שהיתה חביבה עליו היה מרבה בתשמיש
R. Baruch Epstein, Torah Temimah, Esther 2:23, offers a different explanation of the Talmud. He claims that Ahasuerus was up at night because he so enjoyed taking walks with and talking to Esther.
כי היה מטייל ומשוחח עמה הרבה
What I can’t figure out is why R. Epstein expects us to prefer his understanding, which turns Ahasuerus into a perfect gentlemen, over that of Rashi.[33]
Finally, let me offer an example of distortion when it comes to sex. R. Israel Yanovski, Taharat Yisrael, vol. 2, p. 100b, no. 33, states:
מי ששם אצבעו בתורף אשה פריצות גדולה היא ויש בו איסור
The source offered for this surprising invasion of the marital bedroom is R. Yerucham, Toledot Adam ve-Havah, vol. 1, netiv 23 (p. 192d in the standard edition). Yet R. Yerucham says something very different.[34]
מי ששם אצבעו בתורף אשת איש פריצות גדולה היא ויש בו איסור ואפילו המסתכל אבל אינו חייב מלקות
The only question is if R. Yanovski’s quotation was a careless error (copied perhaps from R. Dovber Karasik, Pithei Olam, Orah Hayyim 240:16, who uses the same mistaken wording) or an intentional distortion due to puritanical feelings.[35]  R. Moshe Stern, Be’er Moshe, vol. 3 p. 204, assumes the former while I think the latter is also possible. I say this because Taharat Yisrael is quite an extreme work when it comes to sexual matters, which R. Yanovski wants to limit as much as possible. Thus, he praises those tzadikim whose children, we are told, equal exactly the number of times these tzadikim had sexual relations. In other words, if a certain tzaddik only had three children, then in his entire life he only had sex three times.[36]
As for other pious peopleR. Yanovski, based on kabbalistic sources, tells them to avoid sexual relations on Rosh Ha-Shanah (and tavo alav berakhah if one can abstain for the entire Ten Days of Penitence), Hoshana Rabbah, the three days preceding Shavuot and also on Shavuot, from Rosh Hodesh Av until the 11th of Av, the first and second night of Passover, the nights of Shemini Atzeret and Simhat Torah, and hol ha-moed Pesah (unless it falls on Shabbat). If this wasn’t enough, he also assumes that sex is forbidden on Hanukkah and Purim and any day that you don’t recite tahanun (!).[37]
בחנוכה ופורים נראה דאסור וכ”ש שאר ימים שאין נופלין על פניהם בהם דאסור בלי ספק

Finally, let me call attention to Berakhot 57b which states that three things resemble the World to Come, “the Sabbath, sunshine, and tashmish.” What does tashmish mean? Normally you would assume it to mean tashmish ha-mitah, i.e., sexual relations. However, the Talmud explains that it doesn’t mean this but refers to “tashmish of the orifices.”R. Samuel Alexandrov claims that the original rabbinic saying indeed meant what it said, i.e., that sex resembles the pleasure of the World to Come. However, the later sages didn’t want people to focus on sexual matters so they explained the passage in a different way.[38]

Regarding the connection between sex and the World to Come, R. Solomon Alkabetz quotes “the kedoshim” that sexual pleasure is one sixtieth of “the true pleasure”, i.e., the World to Come.[39]

To be continued

* * * * * *
Most of R. Yanovski’s Taharat Yisrael (mentioned in this post) focuses on the laws of niddah and mikveh. It was printed twice in Europe and then was reprinted in the United States in 1952. This latter publication was dedicated to the memory of R. Judah Leib Forer, the rabbi of Holyoke, Massachusetts. This page appears at the beginning of the book.
Here is the page of American haskamot added for this edition. This is one of a handful of haskamot from R. Soloveitchik, and I think is the first to appear in print.

Regarding R. Forer, who was an outstanding student of R. Hayyim Soloveitchik, there is a good deal of information from family members available on a website here. Among the points noted was that R. Shach was a student of his.
Here is the title page of Milei de-Igrot, consisting of Torah letters between R. Forer and R. Mordechai Gifter. There is also one letter from R. Shach to R. Forer. On p. 181 we also see that R. Forer delivered a shiur at RIETS. (There is another volume of Milei de-Igrot and this contains letters between R. Gifter and his teacher R. Moses Aaron Poleyeff. There is a good deal of biographical information about R. Gifter in this latter volume, including his difficult relationship with R. Bernard Revel.) 

The one point I would like to add to all the recollections that appear on the website I have referred to is that R. Forer was unique in that he was the spiritual leader of both the Orthodox and Conservative communities. That is, the membership of the Conservative synagogue liked R. Forer so much that while they wanted a mixed pew congregation, they also wanted him as their rabbi. This information was confirmed to me by elderly members of the Orthodox and Conservative synagogues. What is not known is if R. Forer ever actually attended the Conservative synagogue or if he was ever officially recognized as their rabbi. He was, however, the only spiritual leader in the town, recognized by all, and I don’t know of another example in history where there was one rabbi for both the Orthodox and Conservative congregations.
[1] Iggeret Musar, ed. Haberman (Jerusalem, 1946), p. 33. It is interesting that later in this work, in giving an example of an anti-Semitic decree in Spain, Alami mentions that Jews were forced to grow their beards. See p. 40. This shows that going clean-shaven was common in medieval Spain. Alami sees this as an example of midah ke-neged midah, i.e., since the Jews were improperly cutting off their beards, it was the non-Jewish authorities who forced them to grow the beards.
[2] Jubelschrift zum siebzigen Geburtstag des Prof. Dr. H. Graetz (Breslau, 1887), p. 60 (Hebrew section). Both this source and Alami are cited in Israel Abrahams, Jewish Life in the Middle Ages (New York, 1975), p. 94 (he mistakenly dates the  Italian document as 1413). Louis Finkelstein, Jewish Self-Government in the Middle Ages (New York, 1964), ch. 10, reprints the Italian document (mistakenly dating it as 1416). The passage I have referred to appears in Hebrew on p. 286, but is missing, together with much else, in what is supposed to be the translation on p. 294. Among the other Italian takkanot is one stating that a man can only wear one gold ring. See Jubelschrift, p. 59. I mention this only because some have the mistaken perception that Jewish men never wore rings. See also S’s post here which has a painting of R. Bernard Illowy wearing a ring.
[3] In the days of the Talmud we find that plenty of betrothed, but not yet married, couples were having sex, or at least suspected of it. See Ketubot 9b, 12a.
[4] Parashat Miketz, mahadura kama.
[5] R. Moses Sofer, She’elot u-Teshuvot Hatam Sofer, Even ha-Ezer no. 133, writes:

ועוד דזנות דפנויה קיל לאינשי ולא משמע להו איסורא כל כך אע”ג שהם נדות, ועינינו רואות דרובן פרוצות בפנוייתן ונעשות צנועות אחר נישואי[הן]י

Understood as written, the second part of this sentence is quite incredible, as the Hatam Sofer is stating that most unmarried Jewish women are sexually active. Yet there is no question in my mind that what he is really means is that most of those who are sexually active before marriage, behave properly after marriage. See here.

[6] Leket ha-Kemah (Amsterdam, 1707), p. 29a.
[7] R. Jacob Kamenetsky was adamant that it is worse for a man to marry a non-Jew than to marry a Jew who won’t observe taharat ha-mishpahah. See Emet le-Yaakov, parashat Ve-Yehi, p. 237, translated here.
[8] Perhaps this should be better translated as “some communities”, but I am dan le-kaf zekhut. See also Abraham Neuman, The Jews in Spain (Philadelphia, 1944), vol. 2, p. 279 n. 42.
[9] Jewish prostitutes definitely felt that they were part of the community. See R. Raphael Ankawa, Karnei Re’em (Jerusalem, 1910), no. 225, for a responsum sent to Brazil, regarding whether it was permissible for the synagogue to accept charity from the prostitutes, as well as a parochet they made for the synagogue. See also R. Moses Isserles, Shulhan Arukh, Orah Hayyim 153:21. R. Raphael Aaron ben Shimon, Nehar Mitzrayim (Alexandria, 1908), vol. 1, p. 12a, discusses a case where not only did the prostitute donate a parochet, but she also inscribed her name into it in golden letters. As R. Raphael notes, this is especially problematic since if allowed then people praying in synagogue would see her name staring down upon them and this would invariably lead to improper thoughts. (He adds that this particular prostitute had been with a lot of the young Jewish men.) Therefore, he ruled that the parochet could not be used and any gifts from prostitutes to the synagogue could not have their names on it. He also mentions a prostitute who donated a sefer Torah to the synagogue (!), and this was accepted on the condition that her name not appear on it..
Regarding Jewish prostitutes, see also the documents from the Russian archives recently published in ChaeRan Y. Freeze and Jay M. Harris, Everyday Jewish Life in Imperial Russia (Waltham, 2013), pp. 337ff., and see also Dan’s earlier post here. In 1611 the Prague Jewish community ordered the Jewish prostitutes to leave. See Simhah Assaf, Ha-Onshin Aharei Hatimat ha-Talmud (Jerusalem, 1922) p. 114. Any prostitute found plying her trade after this time would have a mark of shame branded onto her skin!
וזו שתזנה ח”ו מהיום והלאה יתוו עליה תו-קלון על ידי ברזל לוהט
See also Takanot Kandia, eds. Cassuto and Artom (Jerusalem, 1942), no. 31.
Pimps also felt that they were part of the community. See R. Joseph Hayyim, Rav Pealim, vol. 2, Orah Hayyim, no. 18, who rules that it is forbidden to give a pimp an aliyah, even if he only deals with non-Jewish prostitutes and non-Jewish clients. R. Hayyim Palache ruled that pimps must be expelled from the Jewish community. See Masa Hayyim, p. 14a. R. Solomon Kluger discusses Jewish pimps in Ha-Elef Lekha Shlomo, Yoreh Deah, no. 192, and see also R. Hayyim Palache, Hayyim be-Yad, no. 19, and R. Hayyim Hezekiah Medini, Sedei Hemed, Pe’at ha-Sadeh, ma’arekhet alef, no. 152 (s.v. apotropos le-arayot) .
[10] Zikhron Yehudah, no. 17.
[11] Akedat Yitzhak, Bereshitsha’ar 20.
[12] She’elot u-Teshuvot ha-Rivash, no. 425.
[13] Hasidot u-Mordot, p. 240 n. 96:
הוא סבר שעל “גדולי הדור” להעלים עיניהם מקיומן של זונות יהודיות מחשש לתגובה קשה של הסביבה הנוכרית, אם יהודים יקיימו יחסי מין עם נשים נוכריות
[14] See Torah Shelemah, Gen. 37, note 200, and see also Rashi, Gen. 37:35.
[15] See Da’at Zekenim mi-Ba’alei ha-Tosafot, Gen. 37:35
[16] See Berakhot 60a.
[17] Tosafot ha-Shalom, ed. Gellis, to Gen. 46:8.
[18] See R. Avraham S. Avraham, Nishmat Avraham (Jerusalem, 2007), vol. 3, p. 32.
[19] See Gur Aryeh, Gen. 46:10.
[20] The one exception I know of is Meiri, Sanhedrin 58b, who states that a non-Jew cannot marry his daughter. Even though the Talmud rejects this opinion, Meiri does not see this rejection as the Talmud’s final word on the subject. אפשר שדרך דחיה הוא וסוגיא בעלמא. However, just a few lines below this Meiri writes that if a Jew’s daughter (through a non-Jewish woman) converts to Judaism, he can marry her! While R. Abraham Sofer doesn’t comment on this seeming inconsistency, in R. Yitzhak Ralbag’s edition of Meiri on Sanhedrin, published in Sanhedrei Gedolah, vol. 4, he writes:
ק”ק לשיטת רבינו שב”נ אסור בבתו איך מותרת לו אחר הגירות.
Before you reply that the convert is like a “new person” and thus has no connection to her father, recall that in Yevamot 22a it explains that the incest prohibitions that are applicable for a non-Jew remain forbidden (rabbinically) even after conversion. So how then, according to Meiri, can a father marry his converted daughter?
[21] Ba-Midbar 90. See also Shabbat 130a.
[22] See also Maimonides. Hilkhot Melakhim 9:5, that this is permitted for non-Jews. I will return to the matter of incest in a future post.
[23] See his article “Ha-Zakaim be-Mikra ve-Hayavim be-Hazal,” available here.
[24] See Irving Agus, Rabbi Meir of Rothenburg (New York, 1970), vol., 1, p. 279.
[25] Teshuvot Ba’alei ha-Tosafot, p. 33. See also Agus in Jewish Quarterly Review 49 (1959), pp. 217-218.
[26] A number of years ago two of my friends got married. One of them met with his rabbi for “the talk”, and was told that when it comes to sex, pretty much everything is permitted. The other friend attended a “hatan class” in New York City. He called me one night, surprised at being told that in sexual relations only one position is permitted. This was stated as a matter of halakhah and the directly opposing statement of R. Moses Isserles, Shulhan Arukh, Even ha-Ezer 25:2, was never even mentioned. R. Isserles writes:
ויכול לעשות עם אשתו מה שירצה . . . ובא עליה בין כדרכה בין שלא כדרכה או דרך איברים ובלבד שלא יוציא זרע לבטלה. ויש מקילין ואומרים שמותר שלא כדרכה אפילו אם מוציא זרע אם עושה באקראי ואינו רגיל בכך. ואף על פי שמותר בכל אלה כל המקדש עצמו במותר לו קדוש יאמרו לו
Note R. Isserles’ last sentence. In other words, my friend’s hatan teacher decided (without asking his students) that all the future grooms sitting before him were going to be called קדוש.
[27] See also R. Moses of Coucy, Sefer Mitzvot Gadol, pos. no. 52. R. Hayyim Ozer Grodzinski, She’elot u-Teshuvot Ahiezer, vol 3, no. 24:4-5, has a different understanding.
[28] R. Nahman of Bratslav stated that not only does the tzaddik not experience any sexual pleasure, but he suffers during sex, even more than a boy suffers during circumcision. See Arthur Green, Tormented Master (Woodstock, VT, 1992), p. 39. Regarding sexual pleasure, there is an old question as to why one does not recite a blessing over it. R. Zvi Elimelech Shapira of Dinov stated that before sex one should make a shehakol on food or drink and include in thisalso the anticipated sexual pleasure. See his Magid Ta’alumah (Bnei Brak, 2006), to Berakhot 40a, 43a. Recognizing that people will find this suggestion quite strange, especially as no one before him ever had this idea, R. Zvi Elimelech adds:
כתבתי זה מסברתי והמשכיל לא ישליך דברי אחרי גיוו כי דברי טעם הם
Elsewhere, R. Zvi Elimelech writes that optimally one should not have any pleasure from sex. See Igra de-Firka (Jerusalem, 1973), p. 28b (no. 197):
ובאמת עפ”י התורה יותר טוב שלא ליהנות
[29] See also Tosafot, Shabbat 118b, s.v. eima, that R. Yose ben Halafta performed yibbum with five different women.
[30] She’elot u-Teshuvot Maharam be-R. Barukh, ed. Bloch (Budapest, 1895), no. 866.
[31] Mor u-Ketziah 240.
[32] It is also worth noting that R. Isaac Luria held that one’s tallit katan should remain on during marital relations. See R. Hayyim Joseph David Azulai, Birkei Yosef, Orah Hayyim 8:7. See also Magen Avraham, Orah Hayyim 240:22, and R. Avner Afgin, Divrei Shalom, vol. 5, pp. 417ff. R. Mordechai Eliyahu, Darkhei Taharah ha-Shalem, p. 278, writes: 

והמקפידים ללבש טלית טקן כל הזמן חוץ משעת רחצה, יניחו בשעת התשמיש את הטלית על צוארם שלא יחצץ ביניהם

 

[33] A friend pointed out to me that R. Ovadiah Yosef adopted R. Epstein’s explanation. See Hazon Ovadiah: Purim, p. 279.
[34] R. Yerucham’s formulation is also quoted by R. Moses Isserles, Darkhei Moshe, Even ha-Ezer 21:2.
[35] R. Yanovski’s “revision” of R. Yerucham relates to the matter of female sexual pleasure. There is a good deal to say about this, especially with regard to the approach of the Gur hasidim which forbids any foreplay from the husband. However, for now, let me just note that R. Joseph Hayyim says the exact same thing, and unlike the Gur hasidim who see this as an added stringency, he sees it as an actual prohibition (which for many women would mean that in their entire lives they would never experience any sexual pleasure ומפני הצניעות אקצר.) See Ben Yehoyada, Niddah 13a:
גם הנשים אסורות להשחית הזרע שלהן, כמ”ש רבינו האר”י ז”ל. מיהו נראה גם באשה אם בעלה עושה משמוש ידים באותו מקום דרך שחוק והתעוררות תאוה ודאי גורם לה בזה הזרעה לבטלה, ואיכא איסור של השחתת זרע
(See, however, Torah li-Shmah, no. 504, where he does not regard this as an actual prohibition.)The Lehem Mishneh, Hilkhot Ishut 15:18, says the exact same thing as appears in Ben Yehoyada without using any kabbalistic sources:

כשהבעל ממשמש באותו מקום דודאי מן הדין אסור לעשות כך דאסור למשמש שם
Lehem Mishneh’s view is accepted by R. Isaac Palache. Yafeh la-Lev, Even ha-Ezer 25:8.
R. Yitzhak Abadi, Or Yitzhak, vol. 2, p. 65, is very disturbed by the Lehem Mishneh and states:
הוא תמוה לחדש כן בדברי הרמב”ם מכח קושיא בדבריו . . . ובכלל עצם הענין הזה לחדש דברים כאלה בלי שום ראיה הוא דבר תמוה, ובפרט שרש”י אומר בפירוש שמותר, ועוד שמצוותו בכך
Regarding the talmudic statement, Niddah 13a, נשים לאו בנות הרגשה נינהו, R. Moshe Malka, Mikveh ha-Mayim, vol. 6, p. 57, writes as follows, in surprisingly strong language:
כמה קשה עלי שמועה זו שהיא נגד הטבע, וכי נשים לאו בני הרגשה נינהו? וכי אינן נהנות גם הן מתשמיש כמו הגברים?
I was surprised to see that R. Shlomo Aviner does not regard female sexual pleasure as having any real significance. Here are passages from two separate letters (quoted in Yakir Englander and Avi Sagi, Guf u-Miniyut be-Siah ha-Tziyoni-Dati he-Hadash [Jerusalem, 2013], p. 108).
מה שאין אשתך נהנית בשעת החיבור אין זה אסון, זה קורה לנשים רבות, והעיקר שהיא אינה סובלת מזה. היא נהנית הנאה רגשית פנימית מעצם הקרבה, מעצם האהבה האחווה השלום והרעות, ואינה זקוקה להנאה גופנית
בעניין ההנאה – מה שאינך נהנית, אינו קריטי, ישנן נשים שלא נהנו כל ימי חייהן אפילו פעם אחת ולא הפריע להן, אלא הכול היה באהבה גדול
I hope to return to this very interesting book. But for now I can’t resist citing a passage from R. Eliezer Melamed (quoted ibid., p. 128). Not only could an American Modern Orthodox rabbi never express such sentiments (if he wants to keep his job), but I am convinced that even if such a passage appeared in an American haredi publication, the women would be quite offended.

איזו אישה כשירה? העושה רצון בעלה, זה הסדר. כאשר יש החלטה כזו או אחרת, בנהוג שבעולם שהאיש הוא הקובע, כך מקובל. כאשר זה לך כך, בדרך כלל שני בני הזוג לא מרוצים. אפילו אם האישה שמחה שהיא מחליטה בלבד ומשפיעה על מהלך העניינים, בסוף היא מתמרמרת שהיא לא נשואה לבעל, לא לגבר, אלא לסמרטוט. כמובן שיכולים להיות דברים מסוימים שבהם האישה קובעת, “נו, תחליטי את איזה צבע נבחר לספה”. הבעל ג’נטלמן, בבקשה, תחליטי את. אבל הוא נותן לה את המנדט להחליט, כך מקובל

R. Aryeh Leib Steinman, Ayelet ha-Shahar, Kiddushin 30b, also states that a wife is obligated to obey her husband. It is easy to find plenty of earlier sources that say this, but I wonder how many haredi women today have such an understanding of their position in a marriage.

Regarding R. Melamed’s point that a man has to be a “man”, it reminded me of an interesting Meiri to Kiddushin 82b. The Talmud, ibid., states: “Happy is he whose children are males, and woe to him whose children are females.” Meiri suggests the following explanation: “Woe to him whose sons are like females,” with all the negative implications this implies:

 

שבניו נקבות שהזכרים פחותים וחסירים, ואשרי מי שבניו זכרים שנמצא בהם השלמות המכוון בהם

R. Yoel Schwartz, Ben Torah vi-Yeshivah (Jerusalem, 1978), p. 143, mentions this Meiri in the course of his discussion of male and female roles in Judaism. Schwartz makes the following very enlightened comment about how men should relate to “women’s work”, i.e., housework.

 

טיפוח הבית, הוא חלק האשה כמו שביארנו לעיל, מאחר שכאמור שטח זה הוא בתחום האשה, מי שמתעסק בטיפוח הבית מפסיד את כל ערך התועלת של קנין תורה
I shouldn’t mock it, however. If these guys can get their women to go along, who am I to protest? It wasn’t that long ago that pretty much all men had this Archie Bunker-like attitude.
[36] Taharat Yisrael, vol. 2, p. 97b.
[37] Taharat Yisrael, vol. 2, p. 97a.

[38] Mikhtevei Mehkar u-Vikoret (Vilna, 1907), vol. 1, p. 51. See also David Biale, Eros and the Jews (Berkeley, 1997), pp. 42-43, who sees here a conflict between the Sages and popular belief, with the latter assuming that there is a place for sexuality in messianic days. (When the Talmud refers to the World to Come it means the messianic era.)

[39] Shoresh Yishai (Sziget, 1891), to Ruth 3:7 (p. 56a).