Milah Books & Manuals

Milah Books & Manuals
by Eliezer Brodt & Ish Sefer
Much has been written on milah. Hebrew Books has over forty seforim on this topic. There are those books that discuss the various controversies, including abolishing milah in toto[1]or specific parts of milah such as metzizah be-peh.[2] Others focus on the philosophic and theological implications of milah.[3] This post, however, will focus on two types of milah books, one what we will refer to as milah manuals and the second, books about milah. The former is comprised of books that explain, in detail, the process of milah – these can include the physical process, i.e. how the surgery is to take place, as well as the more esoteric processes such as thoughts or prayers that are to accompany the milah. The second type of book doesn’t focus on the technical aspects of milah but instead focuses on the customs, the laws, etc. that are connected with the surgery. One final point, this is not intended to be a complete bibliography of either type of work, instead, we have picked out a few titles that hopefully will be of interest to the readers.
Milah ManualsThe first manual up for discussion is R. Tzvi Benyamin Auerbach’s, Brit Avraham, Frankfort, 1860. This book includes a nice introduction dealing with a history of the Ravan as well as other Rishonim. Additionally, all the liturgy associated with brit and explanations of the liturgy is included. There is a section on the laws relating to milah. At the beginning of this section, Auerbach notes that although he takes a different view of some of rules governing milah, he provides explainations for his divergent opinions in another section. Indeed, Auerbach does provide a detailed discussion of the law of milah including a discussion of most, if not all, relevant opinions. Interestingly, although the laws and liturgy are in Hebrew, this section, the section discussing the bases for Auerbach’s opinions, is in German. Not only is it in German, but in Latin characters indicating that Auerbach was trying to demonstrate the correctness of his opinion to only those who could read German. Let us explain. Auerbach’s work includes one other section in the vernacular. That section discusses various cures associated with milah. This section is written in Yiddish in Hebrew characters. Auerbach explains that he did so “so that even those who do not understand Hebrew will understand this section.” Thus, there are three potential audiences for this book. Those who only understand Yiddish, those who understand Hebrew, and finally, those who understand German as well. R. Auerbach is most well-known for another work, Sefer ha-Eshkol he edited and published from a manuscript and added his own commentary, Nahal Eshkol. As Dr. Shapiro has discussed, this work was accused of being a forgery, that although it was attributed to Rabbi Abraham ben Isaac, a Rishon, it was in fact a later invention. Ironically, in the introduction to Brit Avraham (pp. 24-25), Auerbach discusses the importance of authenticating manuscripts and ensuring proper attribution. Specifically, Auerbach provides Brother, the following story illustrates how must care and time one must take in authenticating old manuscripts that are found in various libraries. In fact, Gedolei Yisrael have erred because they failed to take proper care [in authenticating manuscripts] when it came to the prohibition of terafot. Auerbach offers the story that when he was studying under R. Leib Karlburg, R. Karlburg ruled that an animal was not a terifah which appeared to be in contravention with the understood law. Auerbach questioned him on this ruling and R. Karlburg explained that all the Rabbis in Cologne and Bonn permit this because of a responsum authored in 1626 and signed by numerous rabbis that remained in manuscript but was included in the communal pinkas from R. Yehuda Miller’s library. Auerbach went and looked this up, and indeed there was such a responsum attributed to various Rabbis. Auerbach, however, wrote to his father-in-law, an expert in yoreh deah, regarding this leniency, and his father-in-law told him to ignore it and follow the accepted stricter position. Auerbach continues, that after he got to Frankfort, he told R. Aaron Fuld this story and R. Fuld immediately showed Auerbach a responsum from R. Mordechai Halberstatt, Ma’amar Mordechai. R. Halberstatt published the responsum (as well as other manuscripts from R. Miller’s library) and after doing so states “all of the preceding manuscripts are forgeries and the product of the the doer of a terrible deed, may his name be blotted out, Lieb the non Jew who is the well-known informer Kreski (this wicked one is referred to in the book Ametz Yosef as the informer Krauss . . .) . . . he is the the one who forged and spoke falsehoods in the names of various luminaries.” Auerbach then finishes “that I have spoken at length [regarding the need for caution authenticating manuscripts] because there is still a community who follows the [erroneous] practice regarding the above issue of terifah.” Ironically, one of the justifications for Auerbach publishing a forgery was that Auerbach was duped regarding the manuscript and failed to do correctly authenticate the manuscript he attributed to the Sefer ha-Eshkol.[4] The next two manuals are interesting in both their content as well as their titles. These two manuals are more focused on the kabbalstic intent that one is to have during the ceremony. Sod ha-Shem has already been discussed here and here due to the fact the author, R. David Lida, has been accused of being a Sabbatian. But, it should also be noted that both Sod ha-Shem and Hotem ha-Shem use God’s name in the titles. Indeed, in the later case, God’s full name is spelled out – Yud, Hey, Vav, Hey (additionally, must of what is in Hotem ha-Shem comes from Sod ha-Shem). Such use of God’s name is not unique to these books. The first to discuss the issue of using God’s name in the title actually arose not because the book in question had God’s name but rather because the title could be (incorrectly) read to be referring to God. Of couse, we speak of Hezkiyah Medini’s Sedi Hemed. The Sedi Hemed was not published in a single set as it is available today. Instead, R. Medini sent kuntresim in paperback as the parts became available to various rabbis to get their opinions on the work. Although much of the feedback R. Medini got was positive, R. Medini recieved two letters from a rabbi R. Medini does not identify that questioned R. Medini’s work and more particularly, the title of his work. These letters complained that since the Sedi Hemed had a paper cover with the title on it, when one went to bind all the kuntresim together, the binder would inevitably remove one cover. According to the anonymous rabbi this was problematic because Sedi also spells out a name of god and thus opens the potential for discarding of a page with god’s name on it.

R. Medini responded by noting that since the word in question “sedi” is not intended to be holy, although the same word may also have a holy connotation, whether it is in fact holy is dependent upon the intent of the author (i.e. elohim referring to idols). Here, the intent was not god’s name so there is no problem. R. Medini also noted that of the many, many rabbis who wrote to him regarding his book, none had refrained from mentioning the title and none brought this “issue” to his attention. R. Medini then cataloged a few books that, like the Sod ha-Shem and Hotem ha-Shem, have god’s actual name in the title and none of these authors were at all bothered by that. Indeed, it seems rather odd to worry about a book title, when the entire book is to be respected. R. Medini then wrote to numerous rabbis to check and make certain that his logic was sound (they all responded that R. Medini was correct). The first he wrote to was the extremely erudite scholar, R. Yosef Zekhariah Stern. R. Stern agreed with R. Medini and offered additional titles that contain god’s name. Additionally, R. Stern also highlighted names that include god’s name in them such as eliyahu, eliezer, daniel and the like. R. Stern proclaims that although these names contain god’s name in them no one has ever had a problem with them nor did he ever see anyone hyphenate or otherwise alter the name to ensure that god’s name doesn’t appear. Today, however, the very practice that R. Stern notes was never done, has become commonplace in some quarters. In the end, R. Medini’s work retained the title Sedi Hemed; however, the title now carries nekkudot to ensure that no one makes a mistake regarding the pronunciation.
In 1892, Zichron Brit li-Rishonim was printed. Although published in the end of the nineteenth century, this manual is based on the pesakim of the rishonim R. Yakov ha-Gozer and his sons. Israel Ta-Shma points out that this is the first specialist sefer written in times of Rishonim where we do not know anything about them in others areas of torah (as there were other specialist seforim written before but by well-known gedolim). Additionally, Ta-Shma demonstrates that this work was meant for the Moheleim of the time to improve the field. See I. Ta-Shma, Keneset Mechkarim, Iyunei be-Safrut ha-Rabbanim be-yemi ha-Benyaim, (Bialik Institute, Jerusalem: 2004), vol. I, pp. 320-22; idem, Halakha, Minhag, u-Metziut be-Ashkenaz 1100-1350, (Magnes Press, Jerusalem: 1996), pp. 96-99 The question is why the name “ha-Gozer.” R. Yissacar Tamar in Alei Tamar [Moed 1:149];has a lengthy piece on the topic where he points out there are almost no sources in chazal that “gozer” refers to a mohel. He suggests that maybe the editor stuck it in. R. Tamar then suggests that perhaps the name “gozer” has nothing to do with Milah. Instead, it was a nickname of respect that he was a Tzadik and what he was gozer hashem did. [See also R. Elijah Levita, Tishbi, s.v. gezeriah.] However it appears that Alei Tamar missed a known Midrash which provides: שבעה הרי שמונה, אמר משה בזכות המילה שניתנה לשמונה נקרע הים, ונקלס באז. אמר ר’ לוי לגוזר ים סוף לגזרים (תהלים קלו יג), שכן בלשון ארמי קורין למהולין גזורים, בזכות המילה נקרע הים (מדרש תנחומא (בובר) פרשת בשלח סימן יב) .
Other Works on Milah An excellent sefer on milah, Koret ha-Brit, was written by R. E. Posek and first printed in Lvov in 1893 and recently reprinted (300 pgs). This sefer covers all topics relating to milah and provides incredible sources and many of his own fascinating insights on the topics. It also includes an abridged selection of all the kabbalah aspects mentioned in R. Lidas Sod ha-Shem. He received many nice haskomos to the sefer among them the Marsham, Adres and Sdei Chemed. Besides for receiving these haskomot he also received many notes on his work from the Adres and Marsham indicating that both read the book closely. The Adres, in his haskamah, discusses limiting oneself to a single topic. ומצאנו לרבותינו ז”ל שהיו מצוינם במקצוע אחת יותר מחבריהם [עי’ ברכות כ’ א’ , מו”ק כח ב, ע”ז ד’ א’ , ב”ק לט נג א, ב”מ ס”ו פו א’, חולין נב ב, גיטין ה’ ב] ומה”ט קבעו הלכה כמותם בזה [עי’ רש”י כתובת מג ב, רא”ש ב”ק פרק ד] כן נוכל לומר על ידידינו המחבר… Another important work was the Zecher Dovid written by R. Dovid Zechus Modena first printed in 1816 . This work is extremely special. This was very rare ever since it was printed and therefore it was rarely quoted even Sefer ha-Brit, discussed below, which quotes many seforim on the topic does not quote this work. The sefer Otzar ha-Brit from the famous yerushalmi mohel does quote this work often as he received special permission from Hebrew University to borrow it when he was working on his seforim. In 2001, Ahavat Sholom reprinted this work in a beautiful set of six volumes including a volume of indexes and a volume of dershos of his on chumahs that was never printed before. This work is an encyclopedia on Milah and many other topics. It is divided into three sections the first two relate to milah in all aspects of kabalah and halacha. The importance of this work is besides for quoting an excellent selection of sources on his topics he adds in many of his own nice points brings many sources from unprinted manuscripts and organizes it all very well making it a pleasure to read. The third section of this sefer is all about the cycle of the year from Shabbat and all the Yamim Tovim here too he deals a little bit about milah but mostly focuses on the Yamim Tovim and includes excellent discussions and sources on the topics. This is one of the best seforim which Ahavat Sholom has printed.

Another work on the topic is Machsehrei Milah written by R. Eliyhu Halevi, Livorno, 1793 and recently reprinted by Ahavat Sholom. This new edition includes a selection of the Kuntres on metzizah from R. Hezkiah Medini the author of the Sedi Hemed as well as a selection of halachos from R. Yakov Hillel. Another work is Sefer ha-Bris written by famous mohel R. Pirutinsky comprised of 415 pages and is an extremely thorough work on the topic. One section of great interest is on metzizah (pp. 216-26) where he brings many sources on the topic including R. Chaim Solovetick’s and R. Aron Kotler’s opinions (p. 224). Another sefer of interest is called Meshiv Nefesh first printed in 1906 and recently reprinted by Tuvias. The author was Dr. Sherhai a doctor who also appeared to be a big talmid chacham. This work consists of three parts. The first part titled Meshiv Nefesh is about Halacha Limoshe Misinai all over chazal He also deals with the Rambam Shitas on this topic at great length. The second part of the sefer deals with many aspects of Milah showing, at great length, that the metzizah is an very important part of the Mitzvah and is not just based upon danger to the baby. He has a interesting discussion about the famous concept nishtanh ha-teveh (pp. 21b- 22b, 34a-34b). He also claims, like many others, that the Chasam Sofer teshuvah on the topic of metzizah is not a forgery but, instead, was a horas sh’eah (p.64). The third part of the sefer is titled Bris Shalom in which the author argues, using medical sources, that metzizah is not dangerous at all. As an aside besides for all his discussions in regard to Milah he also has a few other interesting discussions where he deals with going to doctors (p12b), the knowledge of Noach, Moshe Rabenu (p.12b) Tanim vamorim in medical areas (p.18a) including a list of those that actually practiced medicine (pp.14b,17a). He also includes a list of Geonim Rishonim and achronim (pp.19a- 22b) who practiced medicine including Rashi (p.19b). He concludes this section with a very interesting piece (p.23a): מדוע נשתנה הדור הזה מדורות הראשונים שהיו גם כן חכמים גדולים בחכמת הרפואה וגאונים גדולים בחכמת התורה, אף שברוך ה’ לא אלמן ישראל כי נמצאים גם בזמננו בפרט בארץ אשכנז… ורופאים הושמרים תורתנו הקדושה כדיו וכדת בכל פרטיה ודקדוקיה מהם וגם כן גדולי תורה על כל זה אינם במדה מרובה כמו בדורות הראשונים… התשובה לשאלה הזאת נמצא גם כן בתורתינו הקדושה על פי מליצת חז”ל באמרם לעולם יכנוס אדם בכי טוב ויצא בכי טוב, פירוש כל מה שיתחל האדם ליכנס באיזה דבר או באיזה חכמה ללמוד יכנס בכי טוב ואין טוב אלא תורה פירוש אל יכונס אלא כשישים תורת ה’ לעיקר, וכן בדורות הראשונים שבתחלה מלאו כריסם בש”ס פוסקים כמו כל הגאונים שהבאתי ורצו ללמוד החכמה הזאת באשר היא שייכה לחכמת התורה, והרבה ענינים בחז”ל מה שלא יכלו לבארם בביאור נכון רק על ידי חכמת רפואה כמו כל הגאונים שהבאתי ורצו ללמוד החכמה הזאת באשר היא שיכה לחכמת התורה, והרבה ענינים בחז”ל מה שלא יכלו לבארם בביאור נכון רק על ידי חכמת הרפואה… וכוונתם היתה רצויה להיות להם מזה מטרה בח בחיים ושיהא להם לחם חוקם מזה בכדי שיוכלו ללמוד וללמד את שתי חכמות שתהינה מתאימות ועולות בד בבד ותהיינה לאחדים בידם וגם לקיים מצות מעשה היא פיקוח נפשות חיי דברייתא, ומאחר שנכנסו בכי טוב שלמים בחכמת הרפואה ומלאים במדות טובות וביראת שמים וכל שיראתו חטאו קודמת לחכמתו חכמתו מתקיימת, אבל לא כן עתה בדור הזה רובא דרובא נכנסו ללמוד הכמות ולשונות בעודנו כשהוא נער הוא כתינוק שנשבה לבין הנכרים דלא עסקו בלימוד התורה כפי הנצרך… Over the years many sefarim and articles have been written about metzizah pro and against doing it with a klei. One such work was called Sefer Dam Brit, printed in 1901 in London by Alexander Tertis. This work contained a method of doing metzizah be-klei called the Tertis-apparatus (see below) and including many important haskomot of gedolim. One haskamah was from the Orach Hashulchan (p.34) but R. Pirutinsky already points out that in his work Orach Hashulchan (Y.D. 264:19) that R. Epstein takes a different view than the one he expresses in his haskamah. דע שיש בזמנינו שאומרים שיותר טוב לעשות המציצה לא בפה אלא באיזה ספוג שמספג את הדם ולא נאבה לאם ולא נשמע להם ורבותינו חכמי הש”ס היו בקיאים ומחוכמים יותר מהם אך זהו בוודאי שהמוצץ יהיה לו פה נקי בלא שום מחלה ושניים נקיים… ואין לנו לחדש חדשות כאלה ונהיה כאבותינו ובמדינתינו לא שמענו זה: Many of the haskomot are worth studying and quoting but one of the important ones was from R. Yakov Yosef where he writes (p. 6): וכבר למדנו חז”ל ללמוד בדברים הנוגעים לחכמת הרפואה והטבע מחכמי הרופאים… ולמה לא נסמוך על הרופאים שאומרים כי מציצה של שמירת הבריאות תוכל להיות על ידי כלי מתוקן על זה וגם לא מצינו במסכת שבת באיזה אופן לעשות… This haskamah in particular incurred the wrath of the Adres in a rather harsh letter recently printed in his Shut Mayneh Eliyhu (p. 352). Shockingly this letter was not edited out .The letter is really worth quoting in its entirety as it is very important for the whole topic but here is part: לבי ידאב על מעשה הקובץ של לעטריס שהדפיס בעתונו היהודי המקבץ שו”ת ממי שהוא מונה וספור שלשים וא גם יותר רבנים המתירים, ובראשם ימנה הגאון חת”ס והגאון חריף שקוראים אותו בארץ ליטא חריף. צחוק מכאביב לב עשה לנו בהזוג הזה, ומאן מעייל בר נפח בארעא דעיילי זקוקין דנורא, מה ענין ר’ יעקב מנויארק אשר היה רב בזאגר ומ”מ בווילנא, ועל ידי מכונות ותחבולות כדרכו יצא לנויארק, וידענו היטב היטב את האיש ואת שיחו תהלוכותיו ותחבולותיו מתחילה עד סוף, מה ענינו לרבינו החתם סופר, אשר עוד כשמונים שנה בדור דעה שהיו אז כל הגאונים האידרים בחיים הי’ הוא הראש וראשון להוראה וממנו יצאה תורה לכל ישראל, ואותו הרב ר’ יעקב שלא שמש תלמידי חכמים ומלך מעצמו, על פי תבונותו, כי פקח גדול הוא, אינו מגיע לקרסולי תלמידי תלמידו של הגאון חתם סופר, לא בתורה ולא במעשים טובים, והרי לפנינו שעזב עיר וולינא תפארת ליטא, והלך לנוע על ארצות אמעריקא להיות שם רב ראשון בנויארק כחלומו אשר חלום… והרואה דברי הר”מ פ”ו ה”א מדיעות, יעי’ שם היטב בלשונו, יראה עד כמה מלאה לבו יראת שמים לעשות כן. ואיש כזה אשר בהיותו מולדותו לא הי’ מגדולי הרבנים רק מגדולי הדרשנים כיד הדיבור הטובה עליו, אשר בעבור זה נתקבל למ”מ בווילנא (אחרי תחבולות רבות מצידו), הוא נעשה חריף בעברו על הים ובא לארץ החדשה, כשושנה בין החוחים, ונעשה שר לסרוחים. והנה הוא גם בעל הוראה ויתיר כמו שלבו טוב עליו, ובדור החושך הזה מקלו יגיד לו, כל המיקל הרי זה משובח, וכל המחמיר הוא ללעג ולמטרה לפני בני עולה, כמעשה אתרוגי קורפו, שביעית, ועוד ועוד אשר הדבר נמסר לעורכי העתונים לעפר בעפר על כל מי שלא יאמר כדבריהם. Interestingly enough elsewhere the Adres writes much less harsh about the topic in his notes to R. Posek Kores Habris the Adres writes (pp.143a-143b) בזמנינו המציאו חכמי הרופאים פני המציצה כמין שפופרת חלקה למצוץ על ידה בפה ולא להכניס האבר בפה ולמוץ וכל זה מחשש חולי המתדבק להמוצץ או מהמוצץ להתינוק והתירו פרושים את הדבר ובכיוצא בזה י”ל שמאל דוחה וימין מקרבת As an aside we see from this letter the tremendous respect and kovod he had for the Chasam Sofer. Other places in his writings show this for example is in Shivis Zion (p.233) after quoting the famous Chasam Sofer in succcah … (36b) that some edited out that says: … לע”ד רבי ישמעאל נמי לא אמר מקרא ואספת דגנך אלא בא”י ורוב ישראל שרויין שהעבודה בקרקע גופה מצוה משום יישוב א”י ולהוציא פירותי’ הקדושי’ ועל זה ציותה התורה ואספת דגנך ובועז זורה גורן השעורי’ הלילה משום מצוה וכאלו תאמר לא אניח תפילין מפני שאני עוסק בתורה ה”נ לא יאמר לא אאסוף דגני מפני עסק התורה ואפשר אפילו שארי אומניו’ שיש בהם ישוב העולם הכל בכלל מצוה אבל כשאנו מפוזרי’ בעו”ה בין או”ה וכל שמרבה העולם יישוב מוסיף עבודת ה’ חורבן מודה ר”י לרשב”י וע”ז אנו סומכי’ על ר’ נהוראי במתני’ סוף קידושין מניח אני כל אומניות שבעולם ואיני מלמד בני אלא תורה היינו בח”ל … The Adres adds: … הרי לנו דבר נפלא מגאון עולם אביר הרועים רבינו שבגולה אשר הוא עומד ההוראה שכל בית ישראל נשען עליו ומי יבא אחריו … . [See also the list in Seder Eliyhu pp.122-123] For more on this see here . As an aside it seems that R. Yakov Yosef never knew about the Adres opinion of him as in a Haskamah to the sefer Neveh Sholom written five years later in 1900 he writes : ומחמת כי חולה אנכי ל”ע ע”כ לא יכילתי לעיין בו כראוי אבל המיעוט אשר ראיתי יעיד על ספרו כולו כי ראוי להוציא לאור עולם ובפרט כי כבר הוסכם ספר של מחבר הנ”ל מידידי הרב הגאון כו’ מו”ח אליהו דוד ראבניבוץ אב”ד פאנויעז ואין בודקין מן המזבח ולמעלה[Thanks to Eli Markin for this source.] Another excellent collection on Milah is called sefer Otzar Habris (four volumes) written by the famous Yerusalmi Mohel R. Yosele Weissberg. As an note of interest in his section on the metzizah controversy in volume four on page seven in the beginning of this section he gives credit to Jacob Katz for Katz’s essay on the topic

[1] See J. Katz, Divine Law in Human Hands, Magnes Press (Jerusalem: 1998), pp. 320-56. [2] J. Katz, Divine Law in Human Hands, Magnes Press (Jerusalem: 1998), pp. 357-402. [3] See, e.g., Shaye J.D. Cohen, Why Aren’t Jewish Women Circumcised?, University of California Press, (Berkely & Los Angeles, Ca.: 2005).[4] For more on this responsum, see Kuntress ha-Teshuvot, vol II, no. 2031.




Nachmanides Introduced the Notion that Targum Onkelos Contains Derash

Nachmanides Introduced the Notion that Targum Onkelos Contains Derash

By Israel
Drazin

People today read Targum
Onkelos
and search it for derash, halakhah, and homiletical
teachings. The following will show that the rabbis in the Talmuds and Midrashim
and the Bible commentators who used the Targum before the thirteenth
century recognized that the Aramaic translation only contains the Torah’s peshat,
its plain meaning, and not sermonic material. It will survey how the
pre-thirteenth century rabbis and scholars used Onkelos and how
Nachmanides changed the way the Targum was understood. It was only after
this Nachmanides change that other interpreters of Onkelos read derash
into this Targum. The article also introduces the reader to Onkelos
and explains why the Talmudic rabbis required that it be read and why many
Jews failed to observe this rabbinic requirement.
The Law
The Babylonian
Talmud and the later Jewish codes mandate that Jews read the Torah portion
weekly, twice in the original Hebrew and once in Targum Onkelos.[1]
Moses Maimonides and Josef Karo, whose law codes are regarded in many
circles as binding, felt that it is vital to understand the Bible text through
the eyes of its rabbinically accepted translation Targum Onkelos, and
many authorities agree that no other translation will do.[2]
This raises some questions.
What
is Targum Onkelos?
The word Targum
means “translation,” thus Targum Onkelos means a translation by Onkelos.
Targum Onkelos is a translation of the five books of Moses, from the
Hebrew into Aramaic. The rabbis placed their imprimatur upon Targum Onkelos[3]
and considered it the official translation. Although there are other
Aramaic translations[4]
and ancient Greek ones,[5]
and latter translations into other languages, Targum Onkelos is the most
literal. Yet despite being extremely literal, it contains over 10,000
differences from the original Hebrew text.[6]
The
Significance of Onkelos
Onkelos was
extolled by all the Bible commentaries. Rashi states that the Onkelos
translation was revealed at Mt. Sinai.[7] Tosaphot[8]
made a similar statement and contends that there are places in the Torah that
simply cannot be understood without the Onkelos translation.
Some people
consider these comments as hyperbolic or metaphoric – that the authors meant
that Onkelos is so significant that it is as if it were a divine gift
handed to Moses at Sinai. But whether literal or metaphoric, it is clear that these
sages are expressing a reverence for Onkelos not accorded to any other
book in Jewish history, a reverence approaching the respect they gave to the
Torah itself. This veneration continued and is reflected in the fact that for
many centuries every printed edition of the Pentateuch contained an Onkelos
text that was generally given the preferential placement adjacent to the Torah.
Why
did the rabbis require Jews to read Targum Onkelos?
It is significant
that the Talmudic dictum was written when there were many important exegetical
rabbinical collections, the Talmuds, Genesis Rabbah, Mekhilta,
Sifra,
and Sifrei, among others. Remarkably, the rabbis did not
require Jews to read these books, filled with interesting derash,
explanations written by the rabbis themselves. They only mandated the reading
of Onkelos when reviewing the weekly Torah portion.
Furthermore,
by the time the Shulchan Arukh was composed in the sixteenth century and
the Talmudic law was stated in it, most of the classical medieval biblical
commentaries, which included derash, were already in circulation. While
Joseph Karo, its author, suggests that one could study Rashi on a weekly basis
in place of the Targum, he quickly adds that those who have “reverence
for God” will study both Rashi and Onkelos. The explanation offered by
TAZ, a commentary on the Shulchan Arukh, is that while Rashi enables the
student to read the Bible and gain access to Talmudic and Oral Law insights, Onkelos
is still indispensable for understanding the text itself.
Thus, the
rabbis, who composed books containing midrashic interpretations, felt that it
was so important for Jews to know the plain meaning of the Torah that they
mandated that Jews read Targum Onkelos every week.[9] When
did people stop seeing that Onkelos contains the Torah’s plain meaning
and read derash into the wording of the Targum?
The Earliest Understanding of Targum Onkelos
There was no
problem understanding the intent of Targum Onkelos until the
thirteenth century, close to a millennium after it was composed. At that time,
Nachmanides was the first commentator to introduce the concept that people
should read Onkelos to find deeper meaning, meaning that went beyond the
plain sense of the text. These included mystical lessons, what Nachmanides
called derekh haemet, the true way.
The conclusion that Onkelos contains only the simple meaning of
the Torah is supported by an examination of how the ancients, living before the
thirteenth century, consistently and without exception, used Onkelos only
for its peshat. Although many of these Bible commentators were
interested in and devoted to the derash that could be derived from
biblical verses, and although they were constantly using Onkelos for its
peshat, they never employed the Targum to find derash or
to support their conclusion that the verse they were discussing contained derash.
This situation changed when for the first time Nachmanides mined the Targum to
uncover derash.[10]
Nachmanides used Onkelos to support his interpretation of the Torah.
This is significant since many of these
rabbinical commentators were far more interested in derash than in peshat.
If they felt that Onkelos contained derash, they would have
used this translation, which they extolled, as Nachmanides later did, to
support their midrashic interpretations of the Torah. The following are the
ancient sources.
Midrashim and Talmuds
The first
references to a Targum are in the Midrashim and the Babylonian Talmud. A
Targum is mentioned 17 times in the Midrashim[11]
and 18 times in the Babylonian Talmud.[12]
Each of the 35 quotes is an attempt to search the Targum for the meaning
of a word. Although these sources were inclined to midrashic explanations, they
never tried to draw midrashic interpretations from the Targum. Thus, the
Midrashim and the Babylonian Talmud understood that the Targum is a
translation and not a source for derash.
Die Masorah Zum Targum
Onkelos
A volume of
targumic traditions collected in Die Masorah Zum Targum Onkelos is said
to have been composed in the third century but was most likely written a couple
of centuries later,[13]
after the Talmuds. It also has no suggestion that Onkelos contains derash.
The book attempts to describe the Targum completely, but contains only
translational traditions about Onkelos. If the author(s) believed that Onkelos
has derash, he/they would have included traditions about it.
Saadiah Gaon
The works of
Saadiah Gaon, born in 882 C.E., also contain no indication that Onkelos has
derash.
Saadiah composed a translation of the Bible into Arabic and used Targum
Onkelos
extensively to discover the plain meaning of words. He never even
hinted that his predecessor’s work contains derash.[14]
This is significant since Saadiah emphasized the Torah’s plain meaning and
used Onkelos frequently in his Arabic translation.[15]
He quotes Onkelos on every page without attribution. His uses Onkelos
as a translation so extensively that if readers have difficulty
understanding Onkelos, they can look at the Saadiah translation and be
able to see what the targumist is saying.
Menachem ibn Saruq
Menachem ibn
Saruq, a tenth century Spanish lexicographer, was explicit on the subject. He
called Onkelos a ptr, a translation.[16]
Samuel ben Hofni Gaon
Samuel Ben Hofni Gaon headed the
Babylonian Academy at Sura in Babylonia during the years 997-1013 and wrote a
biblical commentary. He refers to Targum Onkelos on several occasions,[17]
uses the Targum to understand the meaning of words, and always treats it
as a literal translation without derash.
Rashi
No biblical commentator relied
more on Onkelos than Rabbi Shlomo Yitzchaki, better known as Rashi, born
in 1040. He extols Onkelos, as stated above, mentions the targumist by
name hundreds of times,[18]
and incorporates the targumic interpretation without attribution in hundreds of
other comments. He has a non-rigid blend of peshat and derash in
his commentary,[19] and
frequently quotes the Talmuds and Midrashim as the origin of his derash.
He never uses Onkelos as a source for his derash or treats the Targum
other than as a translation. It should be obvious that since Rashi relied on Onkelos,
whom he considered holy, for peshat, if he saw derash in the Targum
he would have said so.
Rashbam
Rashi’s grandson Samuel ben Meir
(also known as Rashbam, about 1085 – 1174) wrote his Bible commentary in large
measure to liberate people from derash and to show his disagreement with
Rashi’s frequent use of derash.[20]
He seldom mentions his sources, but draws from Onkelos with respect,
usually by name. In Genesis, for example, where Rashi is only named in
37:2, Onkelos is quoted in 21:16, 25:28, 26:26, 28:2, 40:11, and 41:45.
In Deuteronomy, to cite another example, Onkelos is mentioned in
4:28, 16:2, 16:9, 17:18, and 23:13. While he criticizes his grandfather with
and without attribution for his use of derash,[21]
and occasionally disagrees with Onkelos, he never rebukes the targumist
for using derash.[22]
Like his predecessors, he saw no derash in Targum Onkelos.
Abraham ibn Ezra
Abraham ibn Ezra (1089 -1164),
like Rashbam, was determined to distance himself from derash and
establish the literal meaning of the biblical text in his Bible commentaries,
as he states in his two introductions. He uses Onkelos frequently as a
translation, and only as a translation, to prove the meaning of words.
Ibn Ezra was the first to note
some few isolated instances of derash in the Targum. This first
observation of derash in Onkelos, I believe, is because derash
did not exist in the original Targum text.[23]
Various over-zealous well-meaning scribes embedded it at a later period,
probably around the time that Ibn Ezra discovered it. Ibn Ezra recognizes that Onkelos
purpose is to offer peshat because he states that the targumist is
following his (ibn Ezra’s) own method, the “straight (or right) way” of peshat
to interpret the Hebrew according to grammatical rules.[24]
Maimonides
Shortly
thereafter, Maimonides, born in 1138, supported part of his rationalistic
philosophy by using Onkelos. Maimonides recognized that the targumist
deviated frequently from a literal rendering of the biblical text to remove
anthropomorphism and anthropopathisms to avoid portraying God in a human
fashion, for this is “a fundamental element in our faith, and the comprehension
of which is not easy for the common people.”[25]
Maimonides never uses Onkelos for derash. 

Joseph Bechor Schor
Joseph Bechor Schor (born around 1140) adopted the literal methodology of Rashbam.[26] However, he is not as consistent as Rashbam. He inserts homiletical comments along with those that are literal. He mentions Rashbam only twice by name but quotes Onkelos dozens of times to support his own definition of a word when his interpretation is literal. Although he used Onkelos and derash, he never states or even suggests that Onkelos contains derash [27] and never uses Onkelos to support his homiletical remarks.

Radak
David Kimchi
(known as Radak, about 1160 – 1235) wrote biblical commentaries using the
text’s plain sense in contrast to the homiletical elaborations that were
prevalent during his lifetime. He followed the methodology of ibn Ezra and
stressed philological analysis. He refers to Onkelos frequently and
always treats the Targum as a translation. He, like ibn Ezra,
occasionally inserted homiletical interpretations into his commentary from
midrashic legends to add zest and delight readers, but he never used Onkelos
for this purpose.

Conclusion from Reading the Ancient
Commentators

The consistent
history of all the commentators using Onkelos only for the plain
meaning of the Torah and never mentioning seeing derash in the Targum
is quite persuasive that no derash was in the original Onkelos
text. If any of the commentators who lived before the mid-thirteenth
century believed that Targum Onkelos contained derash, especially
those who delighted in or who were concerned with derash, they would
have said so. None but ibn Ezra did, and he called attention to only a very
small number of probably recent unauthorized insertions.
Where, then, did the derash
that many people today think that they see in Targum Onkelos come from?
First of all, I am convinced that most of the targumic readings that
individuals read as derash were really intended by the targumist as peshat,
the text’s simple meaning; people differ is what they see. Second, Ch. Heller
has shown us many examples where most, if not all, of the presently found derash
did not exist in the original Targum text.[28]
His findings are supported by the previously mentioned history showing that ibn
Ezra was the first to observe any derash at all in our Targum.
Nachmanides was the first Bible commentator to read derash into Onkelos
Nachmanides was
influenced by kabala, Jewish mysticism. He equated kabala with truth[29]
and felt[30] that
since Torah is truth, it must contain kabala. He stated that no one can attain
knowledge of the Torah, or truth, by his own reasoning. A person must listen to
a kabalist who received the truth from another kabalist, generation after
generation, back to Moses who heard the kabalistic teaching from God.[31]
He decided to disseminate this truth, or at least hint of its existence, and
was the first to introduce mystic teachings of the Torah into a biblical
commentary.[32]

He extended his
exegetical methodology into his interpretations of our Targum.[33]
He felt this was appropriate. Onkelos, he erroneously believed, “lived
in the age of the philosophers immediately after Aristotle,” and like the
philosopher was so interested in esoteric teachings that, though born a high
placed Roman non-Jew, he converted to Judaism to learn Torah and later teach
its secret lessons through his biblical translation.[34]
Examples of Nachmanides’
problematical interpretations of Onkelos
In a detailed separate study,
which is still in draft, I studied all the instances where Nachmanides interprets
Onkelos. I found that Nachmanides mentions Targum Onkelos in his Commentary
to the Pentateuch
while analyzing 230 verses. Most of his attempts to
see the targumist teaching homiletical lessons and mysticism seem forced. He
reads more into the Aramaic than the words themselves state.
There are 129 puzzling
interpretations of Onkelos in these 230 verses. This represents about 56
percent of the total 230. However, 55 of the 230 Nachmanidean comments are only
references to the Targum without any analysis. When these 55 comments
are subtracted from the total of 230, we are left with 175 times that
Nachmanides analyzes the Targum. The 129 problematical interpretations
represent about 75 percent of the 175 times that the sage discusses Onkelos and
uses it to support his interpretation of the biblical verse. The following are
seven examples.

1. Genesis 1:31 states: “And
God saw everything that He made, and, behold, it was very good (Torah: tov
meod
Onkelos: takin lachada).

This verse
describes the results of the sixth day of creation as “very good.” The Onkelos
translator, who prefers to clarify ambiguous biblical phrases with more
specificity (good is which way), renders it “well established,” implying that
the world was established firmly. He may have recalled Psalms 93:1, “the
world also is established that it can not be moved” and Psalms 96:10,
“the world also shall be established that it shall not be moved.”
Nachmanides
reads into the Onkelos words “well established” than the targumist is teaching
that creation contains evil, “the order (of the world) was very properly
arranged that evil is needed to preserve what is good.”[35]
This interpretation is a good homily, but is not the plain meaning of the
verse. It is problematical because “well established” does not suggest “containing
evil,” nor does it imply that evil is necessary to preserve what is good.
2. After creating man,
God, according to Genesis 2:7, “breathed into his nostrils the breath of
life, and man became a living being.” The bible uses nefesh for “breath”
and “being.” In later Hebrew, nefesh came to mean “soul,” a meaning it
did not have in the Pentateuch. Since the Hebrew “breath of life” does not
indicate how humans excel other creations, Onkelos alters the text and
clarifies that “man acquired the power of speech,” ruach memalela
(literally, “speaking breath”). Thus humans transcend animals by their
intelligence in general and their ability to speak, communicate, and reason in
particular. This is the Aristotelian concept, accepted by Moses Maimonides
(1138-1204), that the essence of a human is intelligence and people have a duty
to develop that intelligence.[36]

Nachmanides, the mystic, disagreed
with Maimonides, the rationalist, and interprets the biblical nefesh
anachronistically as “soul.” The Hebrew verse, he declares, alludes to the
superiority of the soul that is composed of three forces: growth, movement, and
rationality.[37] Onkelos,
he maintains, is reflecting this concept of the tri-partite soul and that the
rational soul that God breathed into man’s nostrils became a speaking soul. How
the two Aramaic words, literally meaning “speaking breath,” suggests this
elaborate tri-partite theology is problematical. Again, Nachmanides seemingly
desired to have Onkelos, which he admired, reflect his own idea even
though what he reads into the Targum is not its plain meaning.

3. Genesis 4:1 states that
when Eve gave birth to Cain, she exclaimed, “I have acquired a man with the
Lord.” Since this statement has an anthropomorphic sound, suggesting physical
help from God, our Targum adds qadam, “before (the Lord),”
thereby supplanting, or at least softening this implication of physical aid by
distancing God from the birth.

The term qadam
was inserted in Onkelos in verse 4, and in seventy other instances in Genesis
for the same reason as well as 585 additional times in the other volumes of Targum
Onkelos
to the Pentateuch.[38]
Nachmanides ignores the targumist’s frequent use of qadam to avoid
anthropomorphism[39] and its
plain meaning. He states that the correct interpretation of the biblical Hebrew
is that Eve said: “This son will be an acquisition from God for me, for when we
die he will exist in our place to worship his creator.” Nachmanides assures us
that this is Onkelos’ opinion as proven by the addition of the word qadam.
Thus, Nachmanides drew a conclusion from the Targum’s single word, a
word that is used over five hundred times for an entirely different purpose and
which cannot, by itself, connote and support his interpretation. Furthermore, qadam
does not have this meaning in the hundreds of other instances where it
appears.
4. In Genesis 17:17, Onkelos
changes a significant detail in the Aramaic translation. Abraham does not
“laugh” (Hebrew, vayitzchak) when he hears he will have a child in his
old age, but “rejoices” (Aramaic, vachadi). This alteration is not made
in 18:12 where Sarah “laughed” when she heard the same news. Rashi explains
that the couple reacted differently. Abraham trusted God and rejoiced at the
good news, while Sarah lacked trust and sneered; therefore God chastised her in
18:13.

Nachmanides
states that Onkelos’ rendering in 17:17 is correct because the word tzachak
also means “rejoice,” and Abraham and Sarah’s reactions, he contends, were the
same, proper “rejoicing.”
Actually, as
defined by ibn Shoshan and others, tzachak is an outward expression, a
“laugh,” and not an inner feeling of contentment. Bachya ben Asher mentions the
Aramaic rendering, but he does not mention Nachmanides. He recognizes, contrary
to Nachmanides, that tzachak does not mean “rejoice,” but “laugh.” He
states that the targumist made the change to “rejoices” because in the context
in which the word appears here it should be understood as an expression of joy.
This example, while not expressing a theology, as in the first three instances,
also shows Nachmanides insisting by a forced interpretation that the targumist
is understanding the Torah as he does.
5. Onkelos
replaces the Torah’s “Is anything too wondrous for the Lord,” in Genesis
18:14, with “Is anything hidden from before the Lord.” The Hebrew “wondrous” is
somewhat vague and is seemingly not exactly on point with the tale of Sarah’s
laughter. The Aramaic explains the text and relates that Sarah’s laughter,
mentioned in the prior verse, although it was not done openly, was not “hidden”
from God. This is also the interpretation of Saadiah, Rashi, Chazkunee, ibn
Ezra, Radak, etc. Thus, in short, all that the targumist is doing is clarifying
the text, a task he performs over a thousand times in his translation.
However,
Nachmanides states that Onkelos uses “hidden” in the translation to teach a
mystical lesson. Nachmanides, as generally happens, does not explain the
lesson, but the explanation is in Bachya ben Asher and Recanati. Bachya writes
that God added the letter hay to Abram’s name, turning it into Abraham,
and “the letter hay alludes to God’s transcendental powers”; thus God
gave Abraham the power to have a son. Abraham, he continues, exemplified the
divine attribute of mercy and Isaac the divine attribute of justice, and now
both attributes would exist on earth. It is difficult if not impossible to read
this Nachmanidean mystical interpretation of Onkelos into the word
“hidden.”[40]
6. Genesis
21:7 quotes Sarah’s excited exclamation of joy:[41]
“Who (meaning which person) would have said to Abraham” that I would give birth
at the advanced age of ninety. The Targum renders her statement as a
thankful praise of God:  “Faithful is He
who said to Abraham,” and avoids the risk of the general population reading the
translation and misunderstanding Sarah’s reaction as one of surprise, for she
should not have been surprised. God had assured Abraham that he would have a
son a year previously.[42]
Thus, by making the change, the Targum shows that she is not only not
surprised, but is thankful that God fulfilled His prior promise.
Nachmanides
interprets the Torah’s “Who would have said to Abraham” to mean that everyone
will join Abraham and Sarah and rejoice with them over Isaac’s birth because it
is such a “surprise”; the possibility of the birth would never have occurred to
anyone. He writes that Onkelos’ rendition is “close” to his
interpretation of a community celebration. Actually as we stated, Onkelos
“Faithful is He who said to Abraham” is quite the opposite. Rather than
focusing on the people and the unexpected event, the targumist deviated from the
Hebrew text to avoid depicting Sarah being surprised. His Aramaic version
concentrates on God, not the community, and how the divine promise was
fulfilled.
7. Genesis
22:2 recounts God commanding Abraham to take his son Isaac to “the land of
Moriah” and offer him there as a sacrifice. Mount Moriah was traditionally
understood to be the later place of the Jerusalem Temple[43]
and the targumist therefore renders “Mount Moriah” as “the land of worship” to
help identify the area for his readers. This is a typical targumic methodology;
the Targum changes the name of places mentioned in the Bible and gives
its later known name.[44]
Nachmanides
contends that Onkelos is referring to a midrashic teaching that was
recorded years after the targumist’s death in Pirkei d’R. Eliezer:[45]
God pointed to the site and told Abraham that this is the place where Adam,
Cain, Abel, and Noah sacrificed, and the site was named Moriah because Moriah
is derived from the word mora, “fear,” for the people feared God there
and worshipped Him.
There are
several problems with Nachmanides’ analysis. First, as we already pointed out,
our targumist frequently updates the name of a site to help his readers
identify its location[46]
and this is a reasonable consistent explanation of the targumic rendering.
Second, the words “land of worship” do not suggest the elaborate midrashic
story that is not recorded until long after the death of the targumist. Third,
the story is a legend; there is nothing in any text to indicate that God had
such a conversation with Abraham or that the ancestors sacrificed in this area;
and it is contrary to the targumist’s style to incorporate legends into his
translation.
Summary
Thus,
if the Bible commentators before Nachmanides saw derash in Onkelos
we would have expected them to say so, but none did until Abraham ibn Ezra and
he was probably referring either to recent scribal additions to the original Targum
or he was expressing his opinion that his view of peshat on certain
verses differed with those of the targumist. Nachmanides was the first to read derash
and mysticism into the Targum just as he was the first to read
mysticism into the Torah itself. We offered some examples that show the
difficulties of his methodology.

Nachmanides’
introduction of the notion that Onkelos contains mysticism may be the
reason why rabbis,[47]
who respected Nachmanides’ teachings, began for the first time to search the Targum
for derash.
Dr. Israel
Drazin is the author of thirty-three books, including twelve on Targum Onkelos.
His website is
www.booksnthoughts.com.
This article appeared previously on
www.oqimta.org.il.

[1] Babylonian Talmud, Berakhot 8a, b, Maimonides’
Mishneh Torah, Laws of Prayer 13:25, and Shulchan Arukh, Orach Chayim,
The Laws of Shabbat 285, 1. The requirement is not in the Jerusalem Talmud
because Targum Onkelos did not exist when this Talmud was composed. See
I. Drazin, Journal of Jewish Studies, volume 50, 1999, pages 246-258,
where I date Onkelos to the late fourth century, based on the
targumist’s consistent use of late fourth century Midrashim.
[2] Although some authorities, such as the Shulchan
Arukh
, discussed below, say that a person can fulfill the rabbinic
obligation by reading Rashi.
[3] Babylonian Talmud, Megillah 3a.
[4] The two other complete Jewish Aramaic translations
are Targum Pseudo-Jonathan and Targum Neophyti.
[5] The Septuagint, composed about 250 BCE, and the
translation by Aquila, composed about 130 CE.
[6] There are many reasons for the targumic changes, such
as to clarify passages, to protect God’s honor, to show respect for Israelite
ancestors, etc. These alterations were not made to teach derash, as will
be shown below. The differences between peshat and derash is a
complex subject. Simply stated, peshat is the plain or simple or obvious
meaning of a text. Derash is the reading of a passage with either a
conscious or unconscious intent to derive something from it, usually a teaching
or ruling applicable to the needs or sensibilities of the later day, something
the original writer may have never meant.
[7] S.v, m’charef, Babylonian Talmud,  Kiddushin 49a.
[8] S.v. shnayim, Babylonian Talmud, Berakhot
8a, b.
[9] They may have also been implying that one cannot understand
their derash unless they first understood the Torah’s peshat.
[10] Our view that Onkelos was written without derash
is also supported by the following interpretation of the Babylonian Talmud,
Megillah 3a. The Talmud recalls a
tradition that the world shuttered when Targum Jonathan to the Prophets
was written. Why, the Talmud asks, did this not occur when Targum Onkelos was
composed? Because, it answers, Onkelos reveals nothing (that is, it
contains no derash), whereas Targum Jonathan reveals secrets (by
means of its derash).
[11] See M. M. Kasher, Torah Shelemah 24
(Jerusalem, 1974), pages 225-238, and J. Reifman, Sedeh Aram (Berlin,
1875), pages 12-14. The mention of a Targum in the Midrashim and Talmuds
are not necessarily references to Onkelos; the wording in these sources
and Onkelos frequently differ.
[12] See Kasher, supra pages 155-161 and Reifman, supra,
pages 8-10.
[13] See edition by A. Berliner (Leipzig, 1877). See I.
Drazin, JJS 50.2, supra, and note 15, for a summary of the
scholarly comments on this volume.
[14] See my study of Saadiah Gaon and Onkelos in
the introduction to Onkelos on the Torah: Leviticus, pages xvii-xxii.
[15] Perushei Rav Saadiah Gaon, in Torat Chaim,
Mossad Harav Kook, Jerusalem, 1986, and Daf-Chen Press, Jerusalem, 1984. The
uses of Onkelos are indexed in Genesis in the 1984 volume on page
471. See E. I. J. Rosenthal, “the Study of the Bible in medieval Judaism,” Studia
Semitica
, Cambridge, 1971, pages 244-271, especially pages 248 and 249
regarding Saadiah.
    Saadiah established Hebrew
philology as a prerequisite for the study of the literal sense of the Bible and
he used rabbinic interpretations in his translation only when it complied with
reason. He stated at the end of his introduction to the Pentateuch that his
work is a “simple, explanatory translation of the text of the Torah, written
with the knowledge of reason and tradition.” He, along with ibn Ezra and
Onkelos
, as we will see, included another meaning only when the literal
sense of the biblical text ran counter to reason or tradition. His failure to
mention that Onkelos contains derash does not prove indisputably
that he saw no derash in the commentary. However, since he copied Onkelos
interpretations so very frequently in his Arabic translation, it is likely that
if he saw derash in Onkelos he would have mentioned it.
[16] In his Sefer Machberet Menahem (H. Filipowski,
editor), London and Edinburgh, 1854, pages 14a, 16b 17a, 17b, 20a, and others.
[17] Peirush Hatorah L’Rav Shmuel ben Hofni Gaon,
Mossad Harav Kook, Jerusalem, 1978, index on page 111.
[18] See the listing in Perushei Rashi al Hatorah
by Charles B. Chavel, Mossad Harav Kook, Jerusalem, 1982, pages 628 and 629.
For Rashi’s struggle against derash, see, for example, his commentary to
Genesis 3:8. While Rashi believed he interpreted Scriptures according to
its peshat, ibn Ezra criticized him: “He expounded the Torah
homiletically believing such to be the literal meaning, whereas his books do
not contain it except once in a thousand (times),” Safah Berurah, editor
G. Lippmann, Furth, 1839, page 5a. See also S. Kamin, Rashi’s Exegetical
Categorization with Respect to the Distinction Between Peshat and Derash

(Doctorial Theses), Jerusalem, 1978; M. Banitt, Rashi, Interpreter of the
Biblical Letter
, Tel Aviv University, 1985; and Y. Rachman, Igeret Rashi,
Mizrachi, 1991.
[19] Rashi said that he was offering peshat. He
meant that his commentary frequently contains derash that seemed to him
to reflect the plain meaning of the Torah.
[20] M. I. Lockshin, Rabbi Samuel ben Meir’s Commentary
on Genesis
, Jewish Studies, The Edwin Mellen Press, 1989. See especially
Rashbam to Genesis 37:2 and 49:16 where he criticizes his grandfather
with strong language.
[21] Lockshin, supra, pages 391-399, notes that
Rashi’s Torah Commentary is the primary focus of Rashbam’s own commentary. Of
some 650 periscopes of interpretation in the latter’s commentary to Genesis,
only about 33 percent concern issues not relevant to Rashi. Of the remaining
two-thirds, in only about 18 percent does Rashbam feel Rashi is correct, and in
just over 48 percent he is in disagreement with him, consistently criticizing
him for substituting derash for peshat, exactly what Rashi
declared he would not do. With this sensitivity to and opposition to derash,
it is very telling that he did not sprinkle even one drop of his venom on the
targumist.
[22] See Genesis 25:28, for example, where Rashbam
issues the accolade: “the plain meaning of scripture is the one offered by the
Targum.” It is significant to note that although Rashbam railed against the
insertion of derash into a biblical commentary, his own commentary was
frequently adulterated, as was Targum Onkelos, by the improper
insertions of derash by later hands. See, for example, Deuteronomy
2:20, 3:23, 7:11, and 11:10 in A. I. Bromberg, Perush HaTorah leRashbam,
Tel Aviv, 5725, page 201, note 25; page 202, note 111; page 206, 7, note 9; and
page 210, note 3.
[23] Ch. Heller’s and D. Revel’s were also convinced that
the original text of Onkelos did not have derash. However, they
did not recognize that Nachmanides was the first commentator to argue the
opposite. The first is in A Critical Essay on the Palestinian Targum to the
Pentateuch
, NY, 1921, pages 32-57. The second is in Targum Yonatan al
Hatorah
, New York, 5685, page 5. See also Bernard Grossfeld in “Targum
Onkelos, Halakhah and the Halakhic Midrashim
,” in D.R.G. Beattie and M.
McNamara (editors), The Aramaic Bible , 1994,  pages 228-46.
[24] In his epigram preceding one of the recessions of his
commentary on the Pentateuch, ibn Ezra writes that he intends to mention by
name only those authors “whose opinion I consider correct.” He names Onkelos
frequently. In his commentary to Numbers, for example, the Targum is
cited in 11:5 where he gives another interpretation, but respectfully adds, “he
is also correct,” and in 11:22 he comments, “it means exactly what the Aramaic
targumist states.” See also 12:1; 21:14; 22:24; 23:3; 23:10; 24:23 and 25:4.
Asher Weiser, Ibn Ezra, Perushei Hatorah, Mossad Harav Kook, 1977.
    While he treats Onkelos
respectfully, ibn Ezra uses the strongly derogatory terms “deceivers” or
“liars,” for the derash-filled Targum Pseudo-Jonathan to Deuteronomy
24:6. See D. Revel, Targum Yonatan al Hatorah, New York, 5685, pages 1
and 2.   
[25] The “fundamental element” that Onkelos
addresses is the avoidance of a literal translation of most anthropomorphic and
anthropopathic phrases. See the listing in Moses Maimonides, The Guide of
the Perplexed
, translated and with an introduction by Shlomo Pines, The
University of Chicago Press, 1963, volume 2, pages 656 and 658, and 1:28 for
the quote.
    Maimonides based his
interpretation of negative commands 128 and 163 in part upon our Targum.
Maimonides, The Commandments, translated by Charles B. Chavel, The
Soncino Press, 1967, pages 116, 117 and 155, 156. This was not because Onkelos
deviated from the plain meaning to teach halakhah. Command 128 forbids
an apostate Israelite to eat the Passover offering. Onkelos translates
the biblical “no alien may eat thereof” as “no apostate Israelite” (Exodus
12:43). The targumist may have thought this was the necessary meaning because Exodus
12:45 and 48 state that a sojourner and an uncircumcised Israelite could not
eat this sacrifice; thus the earlier verse must be referring to someone else.
Command 163 prohibits a priest from entering the Sanctuary with disheveled,
untrimmed hair.  Maimonides notes that
Onkelos
translates Leviticus
10:6’s “Let not the hair of your heads go loose” as “grow long.” Again, the
targumist may have thought that this was the verse’s simple sense because it is
the language used by the Torah itself in Numbers 6:5 and because when
one loosens one’s hair it becomes longer. Indeed, Rashi states explicitly that
the peshat of “loose” in this instance is “long.”
[26] He is believed to have been a student of Rashbam’s
brother Rabbeinu Tam. See the source in the next note.
[27] J. Nebo, Perushei Rabbi Josef Bechor Schor al
Hatorah
, Mossad Harav Kook, 1994, page 11, Schor went beyond Targum
Onkelos
in his concern about biblical anthropomorphisms and his attempts to
whitewash the patriarchs.
[28] See note 23.
[29] Genesis 6:13, 18; 31:42; 33:20; 35:13; and
others.
[30] This could be seen as a kind of syllogism. Torah is
truth. Kabala is truth. Thus, Torah “must” contain Kabala.
[31] Ramban, Writings and Discourses, translated
and annotated by Charles B. Chavel, Shilo, 1978, page 174.
[32] Ramban, Commentary on the Torah, translated
and annotated by Charles B. Chavel, Shilo Publishing House, Inc., 1971, volume
1, XII. Chavel points out that the extensive kabalistic influences on future
generations can be traced to Nachmanides.
[33] This is my original idea. It is based on several
facts. First, we know that he was the first to read Kabala in the Torah words
and phrases. Second, we know that he had enormous respect for Onkelos;
he referred to Onkelos about 230 times in his Bible commentary; although
he criticized others, he treated Onkelos with great respect, even
reverence. He considered Onkelos to be generally expressing the
truth. Thus it is reasonable to assume that he applied the same syllogism to Onkelos
that he applied to the Torah. Finally, we know of no one before him who
read mysticism into the targumist’s words.
[34] Ramban, Writings and Discourses, supra, pages
75-76. Nachmanides’ error in dating Targum Onkelos “immediately after
Aristotle” was not his only historical mistake. He believed that the Talmud’s
implied dating of Jesus at about 100 years before the Common Era was correct. See
Judaism on Trial
, editor H. Maccoby, Associated University Presses, Inc.,
1982, pages 28 and 29.       
[35] The Midrash Genesis Rabbah 9:5, which
is the source of this teaching, mentions “death” and 9:9 “the evil inclination
in man” as examples of seemingly bad things, which are good from a non-personal
world-wide perspective. Bachya ben Asher, the student of Nachmanides’ student
Rashba, who was also a mystic, mentions 9:9, but not the Targum. He did
not see this idea in Onkelos.
[36] Guide of the Perplexed 1:1. The Greek term psyche
had a similar developmental history as the Hebrew nefesh. T. Cahill, Sailing
the Wine-Dark Sea,
Doubleday, 2003, writes on page 231.
            Psyche
was, to begin with, a Greek word for “life,” in the sense of individual human
life, and occurs in Homer in such phrases as “to risk one’s life” and “to save
one’s life.” Homer also uses it of the ghosts of the underworld – the weak,
almost-not-there shades of those who once were men. In the works of the early
scientist-philosophers, psyche can refer to the ultimate substance, the
source of life and consciousness, the spirit of the universe. By the fifth
century B.C., psyche had come to mean the “conscious self,” the
“personality,” even the “emotional self,” and thence it quickly takes on,
especially in Plato, the meaning of “immortal self” – the soul, in contrast to
the body.
[37] Bachya ben Asher also mentions the parts of the soul,
but not the Targum, again not seeing Nachmanides’ idea in Onkelos.
[38] See the five books by I. Drazin on Targum Onkelos
published by Ktav Publishing House. Each contains a listing of the deviations
by the targumist from the Hebrew original.
[39] In my discussion of Genesis 46:4, I show that
Nachmanides was convinced that Onkelos never deviates to avoid
anthropomorphisms.
[40] Bachya mentions neither Nachmanides nor Onkelos,
again not seeing the Nachmanidean interpretation in the Targum.
[41] The “joy” is mentioned in the Targum to verse
6.
[42] Genesis 17:19.
[43] See II Chronicles 3:1.
[44] Rashi gives an additional reason why “Mount Moriah”
is rendered “the land of worship.” He connected “Moriah” to “myrrh,” which was
an ingredient of the sacrificial incense and an important part of the Temple
worship. Rashi states that this is the targumic interpretation. Rashi may be
explaining why the site was called Moriah, which would not be derash,
but the plain sense of the word. Nachmanides interpretation goes far beyond a
simple definition. See Genesis Rabbah 55:7, Exodus 30:23ff, and
Babylonian Talmud, Keritut 6a.
[45] Chapter 31.
[46] This occurs twenty-three times in Genesis
alone.
[47] There are many books that explain the derash that
they see in Onkelos. The most widely known is Netina Lager by
Nathan Adler (Wilna, 1886). Others include Biure Onkelos by S. B.
Schefftel (Munich, 1888), and Chalifot Semalot  and Lechem Vesimla by B. Z. J.
Berkowitz (Wilna, 1874 and 1843).  Modern
writers using this method include Y. Maori, who generally focuses on the Peshitta
Targum,
Rafael Posen who writes a weekly column for a magazine distributed
in Israeli synagogues. One can find listings in B. Grossfeld’s three volumes A
Bibliography of Targum Literature
, HUC Press, 1972.



Aryeh A. Frimer Review of Daniel Sperber’s Darka shel Halakha

Lo Zu haDerekh: A Review of
Rabbi Prof. Daniel Sperber’s Darka shel Halakha

by Aryeh A. Frimer

Rabbi Prof. Aryeh A. Frimer is the Ethel and David Resnick Professor of Active Oxygen Chemistry at Bar Ilan University. He has lectured and published widely on various aspects of “Women and Halakha.”

Among his many articles, Rabbi Frimer is the author of “Women and Minyan,” Tradition, 23:4 (Summer 1988): 54-77, available online here; “Women’s ‘Megilla’ Reading,” in Ora Wiskind Elper, ed., Traditions and Celebrations for the Bat Mitzvah (Urim Publications: Jerusalem, 2003), 281-304, available online here (PDF); “Guarding the Treasure: A Review of Tamar Ross, Expanding the Palace of Torah: Orthodoxy and Feminism,” BDD – Journal of Torah and Scholarship 18 (April 2007): 67-106 (English), available online here (PDF); “Feminist Innovations in Orthodoxy Today: Is Everything in Halakha – Halakhic?” JOFA Journal 5:2 (Summer 2004/Tammuz 5764): 3-5, available here (PDF).

Over a three year period, from 5758-5760 (Fall 1997-Summer 2000), Rabbi Frimer delivered in-depth high-level shiurim on “Women and Halakha” to the Women of Rehovot at the Tiferet Moshe Synagogue – Rabbi Jacob Berman Community Center. The basic sourcebook for these lectures was R. Elyakim Getsel Ellinson, haIsha ve-haMitsvot – Vol. I: Bein Isha leYotsra, and this series of classes were regularly recorded as MP3 files, and the source materials, handouts and lecture notes were converted into PDF files and these files are now available here.

Aryeh A. Frimer and Dov I. Frimer are the co-authors of “Women’s Prayer Services – Theory and Practice,” Tradition 32:2 (Winter 1998): 5-118, available online here (PDF); and of the forthcoming “Women, Kri’at haTorah and Aliyyot.”

This is his first contribution to the Seforim blog.

Allow me to begin my review of Rabbi Prof. Daniel Sperber’s new volume Darka shel Halakha, with a few words of introduction.[1] I have the greatest respect for Prof. Sperber both as a scholar par excellence and as a human being. Over the almost 35 years I have been at Bar-Ilan University, we have developed a warm friendship and mutual respect. He writes clearly and beautifully, with great knowledge, sensitivity and depth – and his book Darka shel Halakha is no exception. Nevertheless, I am forced to disagree with his analysis and conclusions. I strongly believe that we have to be sensitive to women’s spiritual needs or as Hazal say: לעשות נחת רוח לנשים (Sifra, Parsheta 2; Hagiga 16b). But at the same time, we have to be honest about what the halakha clearly states – so that, at the same time, we will not be guilty of האהבה מקלקלת את השורה.

The question of women receiving aliyyot, which lies at the center of Darka shel Halakha, is briefly discussed in a baraita cited in the Talmud Megilla (23a) which reads (Source 1):

(1) תלמוד בבלי מסכת מגילה דף כג עמוד א
תנו רבנן: הכל עולין למנין שבעה, ואפילו קטן ואפילו אשה. אבל אמרו חכמים: אשה לא תקרא בתורה, מפני כבוד צבור.

Despite the above negative ruling of the Talmud and, in its wake, of all subsequent codifiers,[2] within the last decade, there have been two major attempts to reopen this issue. One was penned by R. Mendel Shapiro[3] who argues that kevod ha-tsibbur is a social concept – and a woman’s general standing in society was lower than men’s. Nowadays when this is no longer true, a community can be mohel on its kavod – voluntarily set aside its honor. He errs, however, since the vast majority of rishonim and aharonim disagree with his analysis. Kevod ha-tsibbur has nothing to do with social standing. The vast majority of posekim maintain that kevod ha-tsibbur stems from women’s lack of obligation in keri’at haTorah, and expresses itself either in terms of tsniut or zilzul ha-mitsvah. The Tsniut School argues that women should not be at the center of communal ritual unnecessarily – and this is particularly true by keri’at haTorah, from which they are freed. The second school maintains that there is an issue of zilzul ha-mitsva in that the men who are duty-bound should fulfill the mitsva that is incumbent upon them – and not delegate it to those who are not obligated.[4]

The second attempt is that of R. Prof. Daniel Sperber,[5] in Darka shel Halakha, and I would like to focus on two major issues.

Kevod haTsibbur: Instruction or Recommendation?

Firstly, R. Sperber has suggested that the phrase in Megilla 23a “However, the Rabbis declared: a woman should not read from the Torah – because of kevod ha-tsibbur” describes what Hazal believed to be the preferred or recommended mode of conduct, the ideal way of performing keri’at haTorah.

Indeed, ke-darko ba-kodesh, Prof. Sperber surveys all the places where it states אבל אמרו חכמים and shows that some cases are merely expressions of the ideal, while others refer to things that are actually assur. Yet, he concludes [Note 19, p. 21] that that in the case of women’s aliyyot: “לא נראה שמדובר … בתקנת חז”ל אלא שאינו ראוי”

This position is very problematic, particularly in this case of women’s aliyyot which is one of kevod ha-tsibbur.

(1) Firstly, Meiri, Kiryat Sefer, Ma’amar 5, sec. a, writes (Source 2):

(2) מאירי, קרית ספר, מאמר חמישי חלק א
נמצאת למד …שהכל עולין למנין ז’ אפילו אשה וקטן…, אלא שמיחו באשה מפני כבוד צבור…

The word “מיחו” appears many times in the Mishnaic and Tamudic literature and it refers to strongly verbalized objection and public reproof. See for example, Source 3.

(3) מסכת פסחים פרק ד משנה ח
משנה: ששה דברים עשו אנשי יריחו על שלשה מיחו בידם ועל שלשה לא מיחו בידם
רמב”ם: אלו הששה דברים כולם היו שלא ברצון חכמים, אלא שעל שלשה מהם – והם הראשונים – לא מיחו בידם חכמים, ושלשה המנויים באחרונה מיחו בידם.

Clearly, from the Meiri’s perspective, the statement אבל אמרו חכמים by women’s aliyyot is not a simple recommendation.

(2) Secondly, there is a group of rishonim and aharonim who maintain that in the specific case of women’s aliyyot, women cannot receive aliyyot, even in cases of she’at ha-dehak or be-diavad. This school includes the Rambam and Semag and many subsequent aharonim (R. Abraham Pinso; R. Matsli’ah Mazuz; R. Ben-Zion Lichtman, R. Zalman Nehemiah Goldberg and R. Isaac Zilberstein). For example, Rambam (Sources 4 and 5) writes without any qualification that women may not receive aliyyot:

(4) רמב”ם הלכות תפילה ונשיאת כפים פרק יב, הלכה יז
אשה לא תקרא בציבור מפני כבוד הציבור…

(5) הרב מסעוד חי רוקח, מעשה רוקח שם
ורבינו כתב קיצור הדין ד-“אשה לא תקרא מפני כבוד הציבור”, א”כ נאסר לגמרי…

Semag (Source 6) records that minors may receive aliyyot, but makes no mention of women whatsoever. On the contrary, he maintains (Sources 7 and 8) that women cannot motsi men in megilla, even be-di-avad, just as they can’t receive aliyyot.

(6) הרב משה בן יעקב מקוצי, ספר מצוות גדול (סמ”ג), עשין סימן יט
כמה [הם] הקוראים, בשבת בשחרית שבעה .. וקטן היודע לקרות ויודע למי מברכים עולה בשבעה למניין.

(7) ספר מצוות גדול – מצוות מדרבנן, הלכות מגילה
…דאף על גב דנשים חייבות במקרא מגילה אינן מוציאות את הזכרים. ואל תשיבני נר חנוכה דאמרינן בפרק במה מדליקין (שבת כג, א) דאשה מדלקת משמע אף להוציא האיש. דשאני מקרא מגילה שהוא כמו קריאת התורה לכך אינה מוציאה את האיש.

(8) מגן אברהם סימן תרפט ס”ק ה
“וי”א שהנשים אינם מוציאות את האנשים “
אינם מוציאות – ול”ד לנרות חנוכה דשאני מגילה דהוי כמו קריאת התורה (סמ”ג) פי’ ופסולה מפני כבוד הצבור ולכן אפי’ ליחיד אין מוציאה דלא פלוג (רא”ם)

Clearly, according to these authorities, the statement אבל אמרו חכמים is not a simple recommendation.

(3) There is another very large group of posekim (perhaps the majority) led by the R. Yoel Sirkis (Ba”h; Sources 9 and 10) who maintain that one cannot be mohel on kevod ha-tsibbur – particularly in the case of women’s aliyyot. However, bi-she’at ha-dehak – where there is no alternative or no one else eligible – a woman can read, lest keri’at haTorah be cancelled. It is to such cases that the Gemara in Megilla was referring.

(9) הרב יואל סירקיס, בית חדש (ב”ח) טור או”ח סימן נ”ג ד”ה “ואין ממנין”
…אלא הדבר פשוט, כיון שכך תקנו חכמים דחששו לכבוד ציבור, אין ביד הציבור למחול.

(10) בית חדש, טור אורח חיים סימן קמ”ד
… מה שתיקנו חכמים .. משום כבוד הציבור לא תקנו מתחילה אלא היכא שאפשר

For example, in a case of a city with only kohanim cited by Rabbi Sperber himself, Maharam mi-Rothenburg (Source 11) permits women to receive the third through seventh aliya. Otherwise the Torah reading would not occur, for the lineage of the kohanim would be challenged were they to receive the remaining aliyyot. In the language of the Maharam:

(11) שו”ת מהר”ם מרוטנברג חלק ד (דפוס פראג) סימן קח
…ועיר שכולה כהנים ואין בה [אפי’] ישראל אחד נראה לי דכהן קורא פעמיים ושוב יקראו נשים דהכל משלימי’ למנין ז’ אפי’ עבד ושפחה וקטן (מגילה כ”ג ע”א). ונהי דמסיק עלה אבל אמרו חכמי’ לא תקרא אשה בתורה מפני כבוד הצבור, היכא דלא אפשר ידחה כבוד הצבור מפני פגם כהנים הקוראים שלא יאמרו בני גרושות.

Maharam mi-Rothenburg was only willing to permit bi-she’at ha-dehak. This certainly doesn’t sound like a recommendation המלצה. Rather it is permission given only bi-she’at ha-dehak.

It would seem to me that in Darka shel Halakha there is a blurring of the difference between le-khathila and be-di-avad. For example, Hazal say that one should not use a milchig spoon שאינו בן יומו (not used in last 24 hours) to stir hot chicken soup. Similarly, Hazal indicate that one shouldn’t eat out of utensils that haven’t been immersed in a mikva. In both cases, be-di-avad, the food remains perfectly kosher. Hazal’s ruling in both these cases is not a recommendation – but rather a clear directive how one is required to act; under normative conditions, it is assur to act otherwise. This is also true regarding women’s aliyyot Hazal forbade it le-khathila, even though be-di-avad or bi-she’at ha-dehak the aliyya may be valid.

Now it should be appreciated that from Prof. Sperber’s perspective it is important that אבל אמרו חכמים be only a המלצה. Prof. Sperber wants to maintain that there really is no “down side” to women getting aliyyot. However, to my mind, he errs – kevod ha-tsibbur is a takana le-khathila, not a recommendation.

In this regard, I would also like to briefly mention one further crucial point, relevant to both the papers of R. Mendel Shapiro and R. Daniel Sperber – but which we will not be able to develop fully here at the Seforim blog.[6] When Hazal talked about women getting aliyyot, they were referring to a system in which the oleh made the berakhot and read aloud – for himself and the community. However, nowadays, the job of the oleh is bifurcated: the oleh makes the berakhot and ba’al korei reads aloud. This raises a fundamental question: how can one person make berakhot, while another does the ma’aseh ha-mitsva. For there not to be a berakha le-vatalah there must be a mechanism to transfer the reading from the ba’al korei to the oleh. That mechanism is either shom’eah ke-oneh or shelihut. But both mechanisms require that both the oleh and ba’al korei be obligated – otherwise there is no areivut. Since women are not obligated in keri’at haTorah, they can serve neither as the oleh nor as the ba’al korei – me-ikkar ha-din – because the birkhot haTorah of the oleh will be berakhot levatalah. Note that all this has nothing to do with kevod haTsibbur. The only case in which the issue of kevod haTsibbur begins is in the uncommon case where a woman makes the berakhot and reads for herself.[7] Hence, under a bifurcated system, there is a clear downside in allowing women to read or serve as olot – a proliferation of berakhot le-vatala!

Does Kevod haBeriyyot Defer Kevod haTsibbur –
The Rules of Kevod haBeriyyot

Lets now turn to the second issue – and this is Prof. Sperber’s major hiddush in this book. Briefly, Prof. Sperber notes that there is a concept in halakha called kevod ha-beriyyot which refers to shame or embarrassment (בושה או בזיון) which would result from the fulfillment of a religious obligation. The view of the halakha is that kevod ha-beriyyot can defer rabbinic obligations and prohibitions. Hence, Prof. Sperber maintains that if there is a community of women who are offended by their not receiving aliyyot – because of the rabbinic rule of kevod hatsibbur, then kevod ha-beriyyot should defer kevod ha-tsibbur.

Professor Sperber’s book is devoted to describing the use of kevod ha-beriyyot in the halakhic literature. He is by no means the first to do this and the subject is extensively reviewed and analyzed by Rabbis Rakover,[8] Blidstein,[9] Lichtenstein,[10] Feldman,[11] and many others.[12]

Let’s begin with the Gemara in Berakhot 19b:

(12) תלמוד בבלי מסכת ברכות דף יט עמוד ב
(א) אמר רב יהודה אמר רב: המוצא כלאים בבגדו פושטן אפילו בשוק, מאי טעמא (משלי כ”א) “אין חכמה ואין תבונה ואין עצה לנגד ה'” – כל מקום שיש חלול השם אין חולקין כבוד לרב.
(ב) מתיבי: קברו את המת וחזרו, ולפניהם שתי דרכים, אחת טהורה ואחת טמאה, בא בטהורה – באין עמו בטהורה, בא בטמאה – באין עמו בטמאה, משום כבודו. [רוב הראשונים גורסים: באים בטמאה, בא עמהם משום כבודם] אמאי? לימא: אין חכמה ואין תבונה לנגד ה’. תרגמה רבי אבא בבית הפרס דרבנן
(ג)…תא שמע: גדול כבוד הבריות שדוחה [את] לא תעשה שבתורה. ואמאי? לימא: אין חכמה ואין תבונה ואין עצה לנגד ה’! – תרגמה רב בר שבא קמיה דרב כהנא בלאו (דברים י”ז, יא) דלא תסור [מן הדבר אשר יגידו לך ימין ושמאל[ …כל מילי דרבנן אסמכינהו על לאו דלא תסור, ומשום כבודו שרו רבנן.
(ד) רש”י: כל מילי דרבנן וכו’ – והכי קאמר להו: דבר שהוא מדברי סופרים נדחה מפני כבוד הבריות, וקרי ליה לא תעשה – משום דכתיב לא תסור, ודקא קשיא לכו דאורייתא הוא, רבנן אחלוה ליקרייהו לעבור על דבריהם היכא דאיכא כבוד הבריות.

The upshot of this Gemara is that if one is wearing sha’atnez – the wearer is obligated to remove it even in the marketplace, despite any possible embarrassment. The Gemara explains that G-d’s honor/dignity takes priority over that of Man. However, if the garment is only rabbinically forbidden, one can wait until they return home to change. The reason is that kevod ha-beriyyot, the honor of the individual, can defer rabbinic prohibitions.

Prof. Sperber adequately shows that kevod ha-beriyyot has always been an important consideration in pesak. However, an in-depth survey of the responsa literature over the past 1000 years makes it clear that it cannot be invoked indiscriminately. Indeed, as the gedolei ha-posekim make apparent, there are clearly defined parameters which Prof. Sperber seems to ignore. Hence, R. Sperber’s application of kevod ha-beriyyot to the issue of women’s aliyyot is seriously flawed. In this brief presentation, we will discuss nine of the aforementioned principles.

(1) Firstly, kevod ha-tsibbur is merely the kevod ha-beriyyot of the tsibbur.[13] Hence it makes no sense that the honor of the individual should have priority over the honor of a large collection of individuals. Indeed, this is explicitly stated by the 13th century Meiri. [Source 13; Meiri is referring to Source 12ב]
(13) מאירי, בית הבחירה, ברכות דף יט עמוד ב:
{יש גורסים בא בטומאה באין עמו. ואין הדברים נראין} שאין כבוד רבים נדחה מפני יחיד או יחידים, [וכן הוא] באבל רבתי…ואף בתלמוד המערב…

(2) Secondly, The Meiri (Source 14) also emphatically states:
(14) מאירי, בית הבחירה, ברכות דף יט עמוד ב:
…שלא אמרה תורה כבד אחרים בקלון עצמך…

Giving women aliyyot by overriding kevod ha-tsibbur with kevod ha-beriyyot would effectively be honoring women by dishonoring the community – and, hence, cannot be done.

(3) R. Sperber’s suggestion would ask us to uproot completely the rabbinic ban on women’s aliyyot. However, kevod ha-beriyyot can only temporarily set aside a rabbinic ordinance. As stated in the Jerusalem Talmud (Source 15):

(15) תלמוד ירושלמי כלאים פ”ט ה”א, לב ע”א
הרי שהיה מהלך בשוק ונמצא לבוש כלאים, תרין אמוראין (שני אמוראים חולקים בדבר): חד אמר אסור; וחרנה (ואחר) אמר מותר. מאן דאמר אסור – דבר תורה; מאן דאמר מותר – כההיא דאמר רבי זעירא: גדול כבוד הרבים שהוא דוחה את המצוה בלא תעשה שעה אחת.

Many of the commentaries on the Yerushlami and posekim hold that this proviso of sha’ah ahat applies to Rabbinic mitsvot as well – including: Tosafot, Ketubot 103b, end of s.v. “Oto”; Or Zarua, Hilkhot Erev Shabbat, sec. 6; Penei Moshe; Vilna Gaon; R. David Pardo; Arukh haShulhan (Source 16); and others.

(16) ערוך השולחן, יו”ד סימן ש”ג, סעיף ב:
שאני הכא [בכלאים] דהוא לשעה קלה, דכשיבא לביתו יגידו לו ויפשוט. ..ואפי’ באיסור דרבנן תמידי נ”ל דמחוייב להגיד לו, ואין למנוע מצד כבוד הבריות

(4) Next, many posekim including R. Yair Hayyim Bachrach, R. Meir Simha of Dvinsk (Source 17), R. Jeroham Perlow, R. Moses Feinstein, R. Chaim Zev Reines indicate that the “dishonor” that is engendered must result from an act of disgrace – not from refraining to give honor. As Rabbi Meir Simcha of Dvinsk writes:

(17) אור שמח (הרב מאיר שמחה הכהן מדווינסק) הלכות יו”ט פרק ו, הלכה י”ד
גדול כבוד הבריות…זה דווקא במידי דבזיונא הוא לבריות, אבל…ענין של כבוד…מי שרי?

Only in cases where kavod is obligatory (e.g., for a King or mourner) is the absence of kavod considered embarrassing, as indicated by R. Isaac Blazer (Source 18),

(18) שו”ת פרי יצחק, נד (הרב יצחק בלזר)
צריך לומר דסבירא להו לגמרא במקום שהכבוד מחוייב גם העדר כבוד הוא בכלל כבוד הבריות, דהעדר כבוד הוא כמו גנאי… ועיין בכתובות (דף סט) מניין שאבל יושב בראש….

Prof. Yaakov Blidstein discusses burial on Yom Tov sheini shel galuyot, which is permitted because Yom Tov sheni is de-rabbanan, while not burying is kevod ha-beriyyot.[14] However, a long list of posekim will not permit 20 individuals to violate Yom Tov sheni to attend to a burial, when only 10 are required to bury the deceased and the additional 10 would be coming along out of honor. Only the first 10 are permitted.

Similarly, in the case of aliyyot, no act of shame has been performed to all those not called to the Torah (both men and women); they are simply not honored. Kevod ha-beriyyot cannot be activated under such conditions.

R. Daniel Sperber in his book Darka shel Halakha (p. 77, note 104) attempts to challenge this principle – that kevod ha-beriyyot is inapplicable when no act of shame has been performed. He cites the fact that a bride is permitted to wash her face on Yom Kippur (Source 19).

(19) מסכת יומא פרק ח משנה א
משנה: יום הכפורים אסור באכילה ובשתיה וברחיצה ובסיכה ובנעילת הסנדל ובתשמיש המטה והמלך והכלה ירחצו את פניהם והחיה תנעול את הסנדל דברי רבי אליעזר וחכמים אוסרין:
רשי והכלה – צריכה נוי עד שתחבב על בעלה, וכל שלשים יום לחופתה היא קרויה כלה.
ר’ עובדיה מברטנורא: והכלה – צריכה נוי כדי לחבבה על בעלה. וכל שלשים יום קרויה כלה:

R. Sperber assumes that the prohibition against washing on Yom Kippur is rabbinic (when many authorities hold it is biblical) and that the permission to wash stems from kevod ha-beriyyot. Based on this, he wants to demonstrate that the shame here results from something that was not done.

This analysis is in error because the leniency for a bride has nothing to do with kevod ha-beriyyot. What was forbidden was rehitsa shel ta’anug, but not washing of necessity, e.g., for cleanliness. A bride is permitted to wash her face on Yom Kippur, so that her face would not be displeasing in her new grooms eyes – and this is considered laving of necessity. As Rashi and Rav write (Source 19 above), a bride requires beauty.

R. Sperber (p. 83) further cites a responsum of R. Isaiah of Trani, Resp. haRid, sec. 21 which permits the lighting of candles in the synagogue on Yom Tov because of “kevod ha-beriyyot.” R. Sperber attempts to use this example to demonstrate that kevod ha-beriyyot can set aside prohibitions even if it is only to honor those who are attending synagogue.

Unfortunately, he errs in his analysis here as well. Similar teshuvot are found from the Rid, Rosh and Maharam of Rothenburg.[15] And their goal is to show that lighting candles in the synagogue come under the rubric of tsorekh okhel nefesh because they honor people (Rid), the synagogue (Maharam) or the holiday (Rosh). Once it its tsorekh okhel nefesh, it is the tsorekh okhel nefesh which defers the prohibition.

(5) Nearly all authorities – including, inter alia, R. Naftali Amsterdam (Source 20), R. Elhanan Bunim Wasserman, R. Makiel Tsvi haLevi Tannenbaum, Rav Yitzchak Nissim (Source 21), R. Joseph B. Soloveitchik, R. Elijah Bakshi Doron (Source 22), R. Israel Shepansky – maintain that kevod ha-beriyyot requires an objective standard that affects or is appreciated by all.

(20) שו”ת פרי יצחק, נג
הרב נפתלי אמשטרדם: כי הנה כבוד הבריות לא נאמר רק על דבר שהוא גנאי לכל מין האנושי יהיה מאיזה מין שיהיה, כמו מת מצוה או לילך ערום שרוב בני האדם מתביישים מזה. אבל בדבר שהבזיון מתייחס רק לאדם הזה לפי תכונתו, כמו לישא שק או קופה, בזה לא שייך כלל לפטור מטעם כבוד הבריות.

(21) הרב יצחק ניסים, תשובה כתב יד, מרחשון תשכ”ד (יד הרב ניסים)
וכמובן שתלך [הבת מצווה] לפני כן לבית הכנסת להתפלל, אבל לא לעלות לתורה. הלכה מפורשת היא שאין אשה קוראת בתורה בציבור, ואין משנים את ההלכה לפי הרגשות של בני אדם.

(22) הרב אליהו בקשי דורון, שו”ת בנין אב, ח”ב, סימן נ”ה, אות ג’
…כבוד האבל דין הוא שיש לכבד כל האבלים, ובכגון זה כבוד הבריות שיכבדו האבל… אבל אדם פרטי שמחליט לכבד את עצמו…כבודו משיקולים פרטיים אינו יכול לפטור אותו, או לדחות איסור דרבנן.

This view explicitly rejects subjective standards – in which what is embarrassing results from the idiosyncrasies or hypersensitivities of an individual or small group. The vast majority of religiously committed women are not offended when they do not receive an aliyya. Indeed, they understand and accept the halakhic given, although some might clearly have preferred it to be otherwise.

More importantly, does it make halakhic sense that if a group of women – nay, any group, says: “this Rabbinic halakha offends me” – be it mehitsa, tsni’ut, kashrut, stam yeynam, many aspects of taharat ha-mishpahah, who counts for a minyan, and who can serve as a hazzan – then we should have a carte blanche to go about abrogating it. Such a position is untenable, if not unthinkable.[16]

(6) Many leading scholars[17] emphasize that, as in the cases of kevod ha-beriyyot discussed in Berakhot 19b and elsewhere, the shame must result from extraneous factors. Thus, removing the kilayyim garment per se’ is not what causes the shame. Rather, it is that one has no other garment underneath and, hence, remains naked. In such cases, kevod ha-beriyyot can be invoked to nullify the rabbinic commandment which leads to the dishonor. However, kevod ha-beroyyot cannot be invoked to nullify a rabbinic commandment, where the shame comes from the very fulfillment of the rabbinic injunction itself.

Take for example one who is invited to dine with his colleagues or clients, would we allow him to avoid embarrassment by eating fruit and vegetables from which terumot and ma’asrot (which nowadays is Rabbinic) have not been removed, or by consuming hamets she-avar alav haPesah, or by drinking stam yeynam (wine touched or poured by a non-Jew). Or alternatively, suppose someone is at a meeting and is ashamed to walk out in order to daven Minha. And what about prayers at the airport in between flights. Would we allow him to forgo his rabbinic prayer obligation because of this embarrassment?

The answer is that in those cases where acting according to halakha – be it to not eat terumot and ma’asrot, or to not drink stam yeynam, or to fulfill ones prayer obligation – creates the embarrassment, then kevod ha-beriyyot cannot set aside the Rabbinic prohibition. One should be proud to be fulfilling the halakha. Similarly, kevod ha-beriyyot cannot be invoked to uproot the rabbinic consideration of kevod ha-tsibbur which prevents women’s aliyyot. This is because the dishonor stems directly from the very fact that women are not given aliyyot in accordance with the rabbinic guidelines.

(7) That the rabbis of the Talmud were sensitive to women’s spiritual needs is evident from the rabbinic concept of nahat ru’ah (spiritual satisfaction), which was invoked in a variety of instances to permit certain special dispensations for women.[18] R. Sperber maintains that this concept is an expression of kevod ha-beriyyot.[19] Yet, despite this admitted sensitivity, Hazal themselves were not concerned about kevod ha-beriyyot when they ruled that, because of kevod ha-tsibbur, women should not le-khathila receive aliyyot. Hence, how can we?

This argument is all the more true according to the explanation of Rashi on the mechanism of kevod ha-beriyyot deferments. Rashi (Source 12ד cited above) explains that in instances of kevod ha-beriyyot the Rabbis “forgo their honor to allow their edict to be violated.”

(12) תלמוד בבלי מסכת ברכות דף יט עמוד ב
….. כל מילי דרבנן אסמכינהו על לאו דלא תסור, ומשום כבודו שרו רבנן.
(ד) רש”י כל מילי דרבנן וכו’ – והכי קאמר להו: דבר שהוא מדברי סופרים נדחה מפני כבוד הבריות, וקרי ליה לא תעשה – משום דכתיב לא תסור, ודקא קשיא לכו דאורייתא הוא, רבנן אחלוה ליקרייהו לעבור על דבריהם היכא דאיכא כבוד הבריות.

It is one thing if the clash is unexpected, unanticipated and accidental. But in the case of keri’at haTorah, it was Hazal themselves who knowingly set up the rule of kevod ha-tsibbur which precludes women from aliyyot. Why would we expect them to forgo their honor in such a case?

(8) The Rivash (Resp. Rivash, sec 226) forbade sewing baby clothes during hol ha-moed for a newborn’s circumcision despite the parents’ desire to dress him properly and festively for the event. One of Rivash’s rationales is that since all understand that new clothes cannot be sewn on hol ha-moed – because Hazal forbade it, kevod ha-beriyyot cannot be invoked to circumvent this rabbinic prohibition. Similarly, one cannot invoke kevod ha-beriyyot to allow women to receive aliyyot, because all understand that this has been synagogue procedure for two millennia and that the Rabbis of the Talmud themselves prohibited it.

(9) Rivash (ibid.) and Havot Yair (sec. 95) and others rule against extending the leniency of kevod ha-beriyyot beyond those instances explicitly discussed by Hazal – honor of the deceased (כבוד המת), personal hygiene dealing with excrement, undress, and the wholeness of the family unit. New cases may not be comparable in their nature or severity to the original examples. Indeed, as noted by Prof. Blidstein and R. Aharon Lichtenstein,[20] throughout the two millennia of post-Talmudic responsa literature, kevod ha-beriyyot is rarely if ever cited as the sole or even major grounds for overriding a bona fide rabbinic ordinance. It always appears as one of many additional reasons to be lenient (snif le-hakel). This is indeed the case in nearly all the instances cited at length by R. Daniel Sperber in his book Darka shel Halakha.

What’s more, in those instances where kevod ha-beriyyot is invoked essentially alone, it is because the matter being deferred is a mere, often unbased, stringency (humra be-alma). For example, the custom in some communities prohibiting menstruants to enter the synagogue – which Prof. Sperber has returned to repeatedly (Sperber, pp. 74) – is what the posekim call a humra ve-silsul be-alma. Hence, the fact that even in such stringent communities, menstruants visited the sanctuary on the High Holidays – would be a classic example of kevod ha-beriyyot overruling a humra be-alma.

Now Prof. Sperber will respond, that he too would only invoke kevod ha-beriyyot in the case of women’s aliyyot. After all, there is no real down side – at most we have only violated a recommendation. However, as we have argued above, “aval amru hakhamim” is not a recommendation by women’s aliyyot – but a prohibition le-khathilla. What’s more, a woman who gets an aliyya without reading for herself or who is only the ba’alat keria is responsible for generating berakhot levatala. We have also argued that Prof. Sperber has improperly invoked kevod ha-beriyyot for the case of women’s aliyyot because he has not taken into consideration the kelalim of the gedolei ha-posekim.

I would like to close with one last point. Despite the fact that we strongly disagree with Prof. Sperber’s conclusion, he after all did what a Torah scholar is bidden to do. He made a creative suggestion, documented his arguments, published his suggestion in the rabbinic literature for all to examine, and awaits criticism or approval. After thrashing out the issue, back and forth – one hopefully will be able to discern where the truth lies.[21]

However, we take issue with those who would enact women’s aliyyot in practice, hastily undoing more than two millennia of halakhic precedent – simply because an article or two has appeared on the subject. Considering the novelty of this innovation, religious integrity and sensitivity requires serious consultation with renowned halakhic authorities of recognized stature – prior to acting on such a significant departure from normative halakha. It often takes several years time before a final determination can be reached as to whether or not a suggested innovation meets these standards. But that cannot provide adequate justification for haste.

The halakhic process has always been about the honest search for truth – Divine truth.[22] To adopt one particular approach – simply because it yields the desired result, lacks intellectual honesty and religious integrity. It is equivalent to shooting the arrows and then drawing the bull’s-eye. To paraphrase Prof. Yeshayahu Leibowitz: we must always ask ourselves whether we are in reality serving the Divine will or our own.[23]

Notes:
[1] R. Daniel Sperber, Darka shel Halakha – Keri’at Nashim baTorah: Perakim biMediniyyut Pesikah (Jerusalem: Reuven Mass, 2007). The phrase “lo zu ha-derekh” used in the title of this book review appears in Bava Metsi’a 37b and Kalla Rabati 9:19. This critique is essentially the combined text of two lectures given at Bar-Ilan University (17 March 2008) and at Lander Institute, Jerusalem (4 May 2008), and is based on a forthcoming article by Aryeh A. Frimer and Dov I. Frimer, “Women, Kri’at haTorah and Aliyyot” (in review). A complete list of sources and references will be fully delineated therein. The author would like to acknowledge the kind and gracious support of this research afforded by The Bellows Family Foundation. The author also wishes to express heartfelt thanks to Prof. Dov I. Frimer for reviewing the manuscript and for his many valuable and insightful comments.
[2] See, for example, Maimonides, Yad, Hil. Tefilla, sec. 12, parag. 17; R. Joseph Karo, Shulhan Arukh, O.H., sec. 282, parag. 3.
[3] R. Mendel Shapiro, “Qeri’at ha-Torah by Women: A Halakhic Analysis,” The Edah Journal 1:2 (Sivan 5761): 1-55 – available online here; R. Mendel Shapiro and R. Yehuda Herzl Henkin, “Concluding Responses to Qeri’at ha-Torah for Women,” ibid., 1-4 – available online; R. Mendel Shapiro, “Communications,” Tradition 40:1 (Spring 2007): 107-116.
[4] See Aryeh A. Frimer and Dov I. Frimer, “Women, Kri’at haTorah and Aliyyot,” (forthcoming).
[5] (a) R. Daniel Sperber, “Congregational Dignity and Human Dignity: Women and Public Torah Reading,” The Edah Journal 3:2 (Elul 5763): 1-14 – available online; (b) R. Daniel Sperber, “kevod ha-tsibbur uKhevod haBeriyyot,” De’ot 16 (Sivan 5763, June 2003): 17-20 and 44 – available online; (c) R. Daniel Sperber, Darka shel Halakha – Keri’at Nashim baTorah: Perakim biMediniyyut Pesikah (Jerusalem: Reuven Mass, 2007). (d) See also a recording of a lecture given by R. Sperber in Modi’in, Israel, July 3, 2006 – available online.
[6] See note 4, supra.
[7] See, inter alia, R. Yosef Dov Soloveitchik, miBeit Midrasho shel ha-Rav, Hilkhot Keri’at haTorah, p. 31; Shiurei haRav haGaon Rabbi Yosef Dov haLevi Soloveitchik zatsa”l al Inyanei Tsitsit, Inyanei Tefillen veHilkhot Keri’at haTorah, p. 154.
[8] (a) R. Nahum Rakover, haHagana al Kevod haAdam (Jerusalem: Misrad haMishpatim, 5738); (b) R. Nahum Rakover, “Kevod haBeriyyot,” Shana beShana (5742): 221-233; (c) R. Nahum Rakover, Gadol Kevod haBeriyyot: Kevod ha-Adam ke-Erekh-Al (Jerusalem: Sifriyat ha-Mishpat ha-Ivri, 1998).
[9] (a) R. Ya’akov (Gerald J.) Blidstein, “Gadol Kevod haBeriyyot – Iyyunom beGilguleha shel Halakha,” Shenaton ha-Mishpat ha-Ivri 9-10 (5742-5743): 127-185; (b) R. Ya’akov (Gerald J.) Blidstein, “Kevod ha-Beriyyot uKevod haAdam,” in Joseph David, ed., She’eila shel Kavod – Kevod haAdam keErekh Mussari Elyyon baHevra haModernit (haMakhon haYisraeli leDemokratiya and Magnes Press: Jerusalem, 2006), 97-138 – available online.
[10] (a) R. Aharon Lichtenstein, “Kevod haBeriyyot,” Mahanayim 5 (Iyar 5753): 8-15; (b) R. Aharon Lichtenstein, “Kevod Ha-beriyyot: Human Dignity in Halakha” – this is an English translation of reference 10a – available online; (c) R. Aharon Lichtenstein, “Kevod haBeriyyot” – available online; (d) R. Aharon Lichtenstein, “‘Mah Enosh’: Reflections on the Relation between Judaism and Humanism,” Torah u-Madda Journal 14 (2006-2007): 1-61, p. 30ff – available online.
[11] (a) R. Daniel Z. Feldman, The Right and the Good: Halakha and Human Relations (Brooklyn, NY: Yashar Books, 2005 – Expanded edition), 197-214 (chapter 14); (b) R. Daniel Z. Feldman, “K’vod haBeriyyot – Human Dignity,” shiur (18 March 2005) available online; (c) R. Daniel Z. Feldman, “Kavod haBeriyos,” audio shiur (26 June 2007) available online.
[12] (a) “Kevod haBeriyyot,” Encyclopedia Talmudit 27, pp. 477-542; (b) R. Chaim Zev (Wolf) Reines, “Kevod haBeriyyot,” Sinai 27:7-12 (159-164; Nisan-Elul 5710): 157-168; (c) R. Israel Shepansky, “Gadol Kevod haBeriyyot,” Or haMizrah 33:3-4 (118-119; Nisan-Tammuz, 5745): 217-228; (d) Danny Eivers, “Kevod haBeriyyot,” Talelei Orot 7 (5757): 125-135 – available online; (e) R. Benayahu Broner, “Kevod haBeriyyot keBitui leHofesh haPerat,” Talelei Orot 8 (5758-5759) – available online. (f) R. Mark Dratch, “The Divine Honor Roll: Kevod ha-Beriyyot (Human Dignity) in Jewish Law and Thought,” (2001; revised 2006) – available online; (g) R. Hershel Schachter, “Kavod haBriyot,” audio shiur available online; (h) R. Mosheh Lichtenstein, “G-d’s Handiwork: Human Dignity as a Halakhic Factor (Part 2)” – available online; (i) Hershey H. Friedman, “Human Dignity in Jewish Law,” 2005 – available online; (j) R. Daniel Sperber, supra, note 5; (k) Eliezer ben-Shlomo, “kevod haAdam mul Shelom haTsibbur beHashpalat Asir,” Tehumin 17 (5754): 136-144.
[13] Rabbi Judah ben Isaac Ayash, Resp. Bet Yehuda, O.H. 58, s.v. “veKhi teima”; R. Israel Shepansky, supra, note 12c based on Rabbenu Nissim and R. Eliezer ben Nathan (Ra’avan).
[14] Rabbi Judah ben Isaac Ayash, Resp. Bet Yehuda, O.H. 58, s.v. “veKhi teima”; R. Israel Shepansky, supra, note 12c based on Rabbenu Nissim and R. Eliezer ben Nathan (Ra’avan)
[15] Resp. Rosh, Kelal 5, Din 8; Resp. Maharam ben Barukh, III, sec. 387.
[16] See the comments on point of R. Aharon Lichtenstein, supra note 10a and b.
[17] R. Meir Simha of Dvinsk, Or Same’ah, Bava Metsia 32b; Resp. Mishpitei Ouziel, I, Y.D., sec. 28, s.v. “Ulam ma she-katav” – reprinted in Piskei Ouziel biShe’eilot haZeman, sec. 32, s.v. “Ulam ma she-katav,” pp. 175-176; R. Joseph B. Soloveitchick, Divrei Hashkafa, pp. 234-235; R. Joseph B. Soloveitchick cited by R. Zvi (Hershel) Schachter, “miPeninei Rabbenu,” Beit Yitshak 36 (5764): 320ff; R. Jacob Israel Kanievsky, Karaina deIggarta, I, secs. 162 and 163; R. Avigdor Nebenzahl, “Without Fear of G-d there is nothing,” Parsha Values (Yeshiva Netiv Aryeh) – vaYera 5762, available online; R. Yehudah Herzl Henkin, “Amirat sheLo Asani Isha beLahash,” mi-Peirot ha-Kerem: An Anniversary Book for Yeshivat Kerem BeYavneh (5764): 75-81, sec. B.1, s.v. “laAharona”; R. Yehudah Herzl Henkin, Resp. Bnai Vanim, IV, sec. 1, no. 3, “laAharona”; R. Yehudah Herzl Henkin, personal communication to Aryeh A. Frimer (26 November 2007); R. Ari Friedman, Kavod haBerios, Parsha Encounters (Chicago Community Kollel), 8 Tammuz 5765 (15 July 2005) – available online.
[18] Sifra, Parsheta 2; Hagiga 16b.
[19] R. Daniel Sperber, Darka shel Halakha, supra, note 5, pp. 72-74 and note 98 therein.
[20] See: R. Ya’akov (Gerald J.) Blidstein, supra, note 9a, pp. 170-172; R. Aharon Lichtenstein, supra, note 10a, pp. 14-15 and note 10b.
[21] A series of critiques of the analyses of R. Shapiro and R. Sperber have recently been published; see: (a) R. Eliav Shochetman, “Aliyyat Nashim leTorah,” Sinai 135-136 (2005): 271-349; (b) R. Gidon G. Rothstein, ”Women’s Aliyyot in Contemporary Synagogues,” Tradition 39:2 (Summer 2005): 36-58, and R. Gidon Rothstein, “Communications,” Tradition 40:1 (Spring 2007): 118-121. (c) R. Ephraim Bezalel Halivni, Bein haIsh laIsha (Jerusalem: Shai Publishers, 5767): 58-71, 102-105, and in the English section, 12-21. In addition, two prominent religious Zionist rabbis have published responsa highly critical of the practices of Jerusalem’s Kehillat Shira Hadasha in which women are given aliyyot. See: R. Jacob Ariel, “Bet Kenesset Shira Hadasha” available online; R. Jacob Ariel, “Aliyyat Nashim laTorah: Hillul haKodesh,” Hatsofe (12 July 2007) – available online; R. Dov Lior, “Minyanim Mehudashim beHishtatfut Nashim” available online. See also the recent responsa of R. Ahiyya Shlomo Amitai (rabbi of Kibbutz Sedei Eliyahu), “Madu’a Nashim Lo Olot laTorah,” available online; R. Rami Rahamim Berakhyahu (rabbi of Yishuv Talmon), Resp. Tel Talmon, II, sec. 91, note 1, p. 113.
[22] See: R. Aryeh A. Frimer, “Feminist Innovations in Orthodoxy Today: Is Everything in Halakha – Halakhic?” JOFA Journal, 5:2 (Summer 2004/Tammuz 5764): 3-5 – available online.
[23] R. Prof. Yeshayahu Leibowitz, “On Faith and Science,” Rabbi Moshe Zev Kahn – Mr. Samuel G. Bellows Memorial Lecture, Rabbi Jacob Berman Community Center – Tiferet Moshe Synagogue, Rehovot Israel (April 1986).




Emek ha-Netziv : The Manuscript

Emek ha-Netziv : The Manuscript
by Gil S. Perl

Rabbi Dr. Gil S. Perl is dean of the Margolin Hebrew Academy/Feinstone Yeshiva of the South in Memphis. The following selection comes from his new book, The Pillar of Volozhin: Rabbi Naftali Zvi Yehuda Berlin and the World of Nineteenth-Century Lithuanian Torah Scholarship.


The manuscript of ‘Emek ha-Netziv remains in the possession of the Shapira family and there are no additional extant copies. The family are prominent members of a staunchly traditionalist Ḥaredi community in the Geulah neighborhood of Jerusalem. Members of this community generally oppose sustained contact with Western culture and its representative institutions, including universities of any type. The Shapira family seems to harbor additional skepticism toward those researching Netziv , due to the fact that his relative openness to certain aspects of non-traditional culture has made him a controversial figure in some ultra-Orthodox communities.[1]These facts, combined with the sheer value of their manuscript collection,[2] make the family understandably guarded about allowing access to thematerials they possess. However, with the assistance of Rabbi Zevulun Charlop, Dean of the Rabbi Isaac Elchanan Theological Seminary in New York City and a cousin of the Shapira family,[3] I was able to secure brief and accompanied access to the manuscript from which ‘Emek ha-Netziv was taken.[4]

The manuscript is handwritten in three volumes, corresponding to the three volumes of the printed text. The first two volumes were bound, but the binding has completely deteriorated and sections of each volume easily separate from one another. The third volume seems never to have been bound. The pages of all three volumes are severely frayed at the edges.

As suspected, the manuscript contains a core text with countless interlinear and marginal additions as well as words and entire lines that have been crossed out:



.

It is important to note that the brackets and parenthesis which appear throughout the printed text do not correspond to these additions. Rather, they correspond to places in which Netziv placed parenthesis or brackets around his own words both in the core text and in the additions. The additions and the notes he appended to the end of the manuscript (referred to by the Netziv as hashmatot )[5] were incorporated without indication into the printed text.


The script of the core text through the first two volumes and half of the third is a fairly consistent narrowly-spaced brown cursive[6] written with a fairly wide-tipped pen. In the second half of the third volume the script of the core text changes to a blacker, wider-spaced cursive seemingly done with a thinner-tipped pen. The script of the later marginal additions varies.

The notes which appear scattered throughout the printed text (referred to by the Netziv as hagahot) were written at the same time as the core text,[7] as evidenced by the identical script used and the intentional indentations left in the text of the core commentary in order to create space for the hagahot. The hagahotalso contain marginal additions. A typical page in the manuscript containing hagahot, then, is represented in the following diagram:

The reference to the newly printed book ‛Emek Halakhah mentioned above appears as an interlinear addition to the core text, thus implying that for that particular section of the commentary on Naso, the core text was written prior to 1845 and the addition was included after 1845. The references to Reb ‘Iẓele are also found in the core text with the word “she-yiḥyeh,” which dates those passages of the core text to the years prior to 1849 as well.[8]

The orderly progression of chapters in the core text, which begin at varying places on the physical page of the manuscript, indicates that Netziv wrote down his comments in this manuscript in proper sequence, following the order of Sifre. [9]That is, one can safely assume that in this particular copy of the manuscript, the core text of Netziv’s comments on Parashat Bamidbar were committed to writing before those of Parashat Naso, and his comments on pesikta’ aleph were committed to writing prior to those of pesikta’ bet.[10] If the core text of the manuscript was written sequentially, and the core text of EH Naso 49 (I:181) was necessarily written prior to the publication of Zev Wolf ben Yehudah Ha-Levi’s 1845 publication of ‘Emek Halakhah, one can deduce that, at the very least, the entire core text until that point was also committed to writing prior to 1845. Likewise, from the appearance of the word “she-yiḥyeh” in the core text of Be-ha‛alotekha andShelaḥ[11] one can assume that the text up to that point was written prior to Reb ’Iẓele’s death in 1849. If we then add that the handwriting remains rather constant in the core text until the second half of the third volume, we have reason to believe that all of the core text until that shift in appearance was committed to writing prior to 1849.

Thus, one can safely conclude that a good portion of the printed edition of‘Emek ha-Netziv was indeed written while Netziv was a young man in his twenties and thirties. As such, the general character and main attributes of the work must be seen as a product of the cultural and intellectual atmosphere of Lithuanian Jewish society in the 1830s and 1840s. At the same time, given the large number of later additions and the lack of any demarcation in the printed text, one can not firmly ascribe a date to any specific passage found in it, with the exception of those which contain explicit or implicit references to the time of composition.

Censorship

The process of preparing ‘Emek ha-Netziv  for publication was painstakingly performed by the Shapira family over the course of many years, and thus the printed text seems to be relatively free of printing errors. However, there are two hints in the printed text which suggest the possibility of editorial censorship.

As noted above, Netziv’s relative openness to sources of information beyond the pale of the current traditionalist canon is a character trait which is at odds with the values of the contemporary ultra-Orthodox community. As we will describe at length in the pages that follow, Emek ha-Netziv  is filled with citations and references to such sources of information. On two such occasions the reference found in the printed text appears to be intentionally altered so as to prevent proper identification of the source. In his comments on ‘Ekev, Netziv writes that for further study one should consult the book called “thirty-two Middot of [sic] in Vilna.”[12] In all probability Netziv is referring to the book published in 1822 called Netivot Olam: Beraita de-32 Middot with the commentary of Ẓvi Hirsch Katzenellenbogen. Katzenellenbogen is known to have been a member of Vilna’s more “enlightened” circles.[13] As such, the possibility exists that the publisher intentionally left out Katzenellenbogen’s name. This prospect is bolstered by the fact that the manuscript contains a name in the standard acronymic form where the printed edition has a blank space. When I asked to look at this reference in the manuscript, it was reviewed by two members of the Shapira family and I was denied permission to look at it. Nonetheless, I did manage to see what seemed like a legible acronym ending in the letter qof.[14] Although it is possible that the editor could not discern the letters of the acronym, if such had been the case one would expect a bracketed editorial note, such as those which appear on several occasions in the printed text where the manuscript is illegible due to stains or frayed edges.[15]

The second possible instance of editorial censorship concerns a passage in Netziv’s commentary on Shoftim which refers the reader to “hakdamat ḥumash besau[16] ve-‘tav’’alef’.[17] The most common referent for the initials tav”alef in the context of Torah commentary is Targum Onkelos, the ancient Aramaic translation of the Bible. However, if the bet of the word “besau” is replaced with adaled so as to read “desau” we might suggest that the tav”alef stands for targum Ashkenaz, German translation, rather than Targum Onkelos. As such, the citation would be of the well-known introduction to Moses Mendelssohn’s Torah commentary, which was printed in Dessau and contains a German translation of the biblical text. The fact that the subject matter under discussion in this passage of Netziv’s commentary correlates to subject matter discussed by Mendelssohn in the introduction to his Bible commentary supports the latter suggestion.

We might raise the question, then, as to whether the printed text was intentionally manipulated so as to prevent easy identification of Mendelssohn’s work or whether the daled of Dessau was simply mistaken as a bet by the printsetter.[18]The fact that this particular citation was underlined in pink pencil in the manuscript bolsters the suspicion that the publishers of ‘Emek ha-Netziv were sensitive to the potential controversy the citation of Mendelssohn might have caused in the ultra-Orthodox community and that they therefore intentionally altered the printed text.[19]

Both of the above instances of possible censorship beg the question as to why the references were included altogether if the printers wished them to remain unidentified. Furthermore, as will be discussed below, the printed text of ‘Emek ha-Netziv contains references to numerous other works that lie well beyond the traditional contemporary ultra-Orthodox canon which were not censored. As such, the evidence for editorial censorship cannot be considered conclusive. Nonetheless, these two passages do raise the possibility that other parts of the text were more cleverly censored or that other citations were completely deleted.
The End of ‘Emek ha-Netziv
The end of Netziv’s commentary on Sifre, as it appears in the printed edition of ‘Emek ha-Netziv , is also an issue of concern to the critical reader. The commentary in both the printed edition and the manuscript comes to an abrupt halt halfway through the parashah of Ki Teẓeh[20] and well before the end of the text of Sifre itself. One is therefore led to question whether Netziv truly ended his commentary there, or whether there was more to the commentary that does not appear in the printed text.

Several factors indicate that Netziv’s commentary did, in fact, extend beyondpiska’ 27 of Parashat Ki Teẓeh.[21] To begin, Netziv starts his commentary at the beginning of Sifre with an introductory double couplet, and thus one would expect a similar poetic composition at the end of the work, but none appears in the printed text or in the manuscript. Furthermore, a statement of completion marks the close of each parashah throughout the text, but none appears at the end of Parashat Ki Teẓeh. Likewise, the completion of the Book of Numbers is marked by two rhyming stanzas of nine lines each,[22] while Deuteronomy, and the commentary as a whole, has no formal conclusion at all.

One must entertain the possibility that the abrupt ending of the work suggests not that the final portion of the commentary is missing from the printed text but that Netziv never completed the commentary. This theory might be supported by the fact that the statements of conclusion which follow everyparashah are in poetic form in the first two volumes, whereas in the third volume, which consists of the Book of Deuteronomy, the statements consist of nothing more than “Piska’ 8 is complete and [so too] the entire portion of ve-’Etḥ anan.”[23] One might interpret this phenomenon as suggesting that the final touches, such as the transformation of abrupt closing statements into clever couplets, were never applied to the third volume of the work.

Such a conclusion seems unlikely, however, when one considers the numerous revisions and recensions to which Netziv subjected the rest of the commentary. One generally does not spend the time editing, expanding, and re-copying a work that one has yet to complete. Furthermore, in his introduction toHa‘amek She’elah Netziv regrets that he has not yet brought his commentary onSifre to press, but he makes no mention of not having completed writing the text. Similarly, in a comment found in his Harḥev Davar, published along with his Ha‛amek Davar in 1878, Netziv writes that while he has not elaborated on a particular point in this work, he will do so at length when God grants him the merit of “publishing the commentary on Sifre.[24] Here too, Netziv does not ask for God’s help in finishing the work, but in bringing it to press. Likewise, Avraham Yiẓḥak Kook, one of the outstanding students of Netziv , publically called upon his teacher to publish his Sifrecommentary in a footnote to a biographical article on Netziv published in 1888.[25]He too seems to suggest that the work was complete.

The physical form of the third volume of the manuscript makes the possibility of missing material rather plausible as well. The printed text contains commentary to every piska’ in Sifre up until piska’ 27 of Parashat Ki Teẓeh.[26] There is no commentary on piska’ot 27-54, but the text resumes with brief comments on piska’54[27] and then ends completely. In the manuscript, piska’ 27 ends at the bottom of a page, which raises the possibility that further commentary followed on subsequent pages which are now lost. The brief comments to piska’ 54 appear on the reverse side of comments labeled as hashmatot; therefore, they may well represent hashmatot to a core commentary, now lost, on the end of Deuteronomy.[28] When one considers the fact that, unlike the first two volumes, the third volume of the manuscript is not bound and does not appear to ever have been bound, the notion that pages from the end of the commentary were lost must be seriously considered.[29]
Conclusions
The conclusion one must draw from the above investigation of the text of‘Emek ha-Netziv is that a historical analysis of the content found in the printed text must be made with caution. The possibility of the text being incomplete must always be considered both in regard to possible editorial censorship and in regard to the possibility that the text originally contained additional chapters that are currently lost. Whereas the core text of the commentary prior to Shelaḥ [30] can be rather definitively dated prior to 1849, the printed text makes no distinction between the core text and later additions. As such, with the exception of a few passages which include embedded historical evidence, no single passage in the printed text can conclusively be dated to the 1830s or 1840s. Nonetheless, there is sufficient evidence, both in Netziv’s own testimony with which this chapter began and in the clues offered by the text and corroborated by the manuscript, to conclude that the bulk of the commentary does indeed reflect a project with which Netziv was engrossed in his early years. Thus, trends which can be identified throughout the printed text and which comprise its general character must indeed be seen as reflective of the intellectual currents of Lithuanian Jewish culture in the 1830s and 1840s.
[1] In recent years, certain circles in the ultra-Orthodox community recommended that Moshe Dombey and N.T. Erline’s adaptation of Barukh Ha-Levi Epstein’s Mekor Barukh, entitled My Uncle the Neẓiv (Brooklyn, N.Y.: Mesorah Publications, 1988), not be read due to its portrayal of Neẓiv as one who did not share all of the values of the contemporary ultra-Orthodox community. See Jacob J. Schacter, “Haskalah, Secular Studies, and the Close of the Yeshiva in Volozhin in 1892,” Torah u-Madda Journal 1 (1989): 76-133; Don Seeman, “The Silence of Rayna Batya: Torah, Suffering, and Rabbi Barukh Epstein’s Wisdom of Women’,” Torah u-Madda Journal 6 (1995-1996): 91-128; Don Seeman and Rebecca Kobrin, “’Like One of the Whole Men’: Learning, Gender and Autobiography in R. Barukh Epstein’s Mekor Barukh,”Nashim 2 (1999): 52-94; Brenda Bacon, “Reflections on the Suffering of Rayna Batya and the Success of the Daughters of Zelophehad,” Nashim 3 (2000): 249-256; Dan Rabinowitz, “Rayna Batya and Other Learned Women: A Reevaluation of Rabbi Barukh Halevi Epstein’s Sources,” Tradition 35: 1 (Summer 2001): 55-69. This position toward Neẓiv, however, was already espoused a century earlier when a series of articles appeared in the Galician newspaper Maḥzike Ha-Da’at (volumes 16, 17, and 18) warning traditionalist Jews to stay away from Netziv’s Bible commentary,Ha‛amek Davar, due to its modern stance toward the authority of the Talmudic Sages. A similar sentiment is reflected in the fact that many ultra-Orthodox houses of study have refused, and continue to refuse, to include Ha‛amek Davar in their libraries.
[2] A value which stands in stark contrast to the overwhelming poverty of most of Geulah’s inhabitants.
[3] See Neil Rosenstein, The Unbroken Chain. (New York: CIS Publishers, 1990) 433-440.
[4] My examination of the manuscript took place in July of 2004 with the assistance of a Summer Travel Grant awarded by the Center for Jewish Studies at Harvard University.
[5] The hashmatot probably represent additions to the text which Neẓiv could not fit in the margins of the page of the core text due to lack of space.
[6] The letters are in cursive form, but Neẓiv generally did not attach his letters to each other. The brown color was probably black when originally applied but has lost its vibrance with the passage of time.
[7] The hagahot seem to have been intended as tangential footnotes to the main commentary in a manner similar to the way in which Netziv’s Harḥev Davar was intended to supplement his Ha‛amek Davar on the Bible. This format was typical of Lithuanian Torah commentary, for reasons which will be explained in Chapter Three below.
[8] I had hoped to demarcate the beginning and end of each addition in my own printed text along with a description of the script used in each addition. The Shapira family, however, was not willing to grant me the sustained access to the manuscript required for such an endeavor.
[9] If it had not been written in order, one would expect to find empty spaces on the bottom of a page where a particular chapter or section ended and new sections beginning on the top of new pages. Instead the end of each section in the manuscript is followed immediately by the beginning of the next section, indicating that they were written sequentially.
[10] There is reason to believe that this manuscript itself is a later recension of an earlier edition. The family showed me what they said were the few extant leaves of an earlier version of the commentary written by Neẓiv which predates the manuscript used for the printed text, but I was not allowed to study them at length. As such, the above analysis does not suggest that Neẓiv actually composed his commentary according to the sequence of the Sifre text, but simply that the transcription of the core text of the commentary into the manuscript at hand was done in sequential order.
[11] See note 14 above.
[12] EH ‘Ekev 4 (III: 52).
[13] See Chapter Two below.
[14] My access to the manuscript was always limited to sitting next to a member of the Shapira family, who would turn to the page I wished to check and look at the specific textual anomaly before deciding whether to let me look as well. In this case I was able to peer over his shoulder and attempt to decipher the acronym. The exact answer this member of the Shapira family gave me was, “Suffice it to say, it is not a siman in Shulḥan Arukh.”
[15] E.g., EH Naso 42 (I: 162); EH Naso 44 (I: 173); EH Matot 1 (II: 279); EHMatot ‛Ekev (III: 45); EH Re’eh 9 (III: 92).
[16] Bet-ayyin-sameh-vav.
[17] EH Shoftim 16 (III: 189).
[18] In cursive Hebrew writing the bet and daled look quite similar.
[19] A glaring example of this type of censorship recently appeared in a photo-offset of the 1926 Frankfurt edition of David Ẓvi Hoffmann’s responsa, Melamed le-Ho‛il, published by the Lebovitz-Kest foundation. In Responsa #56 in the original printing (II: 50), Hoffmann gives his approval, in exigent cases, for an Orthodox Jew to swear before a civil court without a head covering. In the context of his piece, Hoffmann also attests to the fact that Samson Raphael Hirsch instructed the students in the Frankfurt Orthodox school which he founded to cover their heads only for Judaic studies and allowed them to remain bare-headed for their secular studies. The recent photo-offset contains an introduction by a grandson of Hoffmann, David Ẓvi ben Natan Naftali Hoffmann, which gives the reader the impression that the grandson belongs to the ultra-Orthodox community of Jerusalem. Responsa #56, however, permits a practice clearly anathema to that community. Hence, when one turns to page fifty in the off-set, in place of what was earlier Responsa #56, one finds a blank space. I thank Rabbi Moshe Schapiro, librarian at the Mendel Gottesman Library of Yeshiva University, for bringing this example to my attention.
[20] EH Teẓeh (III: 296).
[21] Note that the piska‘ot of Neẓiv do not correspond to those of the Sifre text with which the commentary is printed. In the text of Sifre the last piska’ for which there is continuous commentary is 43, and it then resumes in 54. See Chapter 5.
[22] EH Mas‛ai (II: 334).
[23] EH Ve-’Etḥanan (III: 43).
[24] HrD Num. 6: 19.
[25] Avraham Yizhak Kook, “Rosh Yeshivat Eẓ Ḥayyim,” Kenesset Yisrael, ed. S.J Finn (Warsaw, 1888), 138-147. Also in Ma’amarei HaRe’iyah (Jerusalem, 1984), 123-126.
[26] EH Teẓeh (III: 296). Piska’ot here are according to Netziv’s division. For more on Netziv’s method of dividing piska’ot see Chapter Three below.
[27] EH Teẓeh (III: 299). In the absence of Netziv’s commentary, piska’ot here refer to the division found in the standard Sulzbach edition.
[28] When I asked the Shapira family about the strange ending of work, they too suggested that there might have been more that was lost. When I asked them who had possession of the manuscript prior to them, they declined to give me any names and replied instead, “Suffice it say, it has been handed down, son after son.”
[29] The existence of commentary on the latter parts of Deuteronomy could have been conclusively proven had Neẓiv included a reference to it in his other writings. I have found no such reference, but no conclusions can be drawn from silence.
[30] EH Shelaḥ 1 (II: 10)



Rabbinic Portraits

There is a discussion on the always-wonderful-blog On The Main Line regarding a portrait attributed to Rashi. Someone MENACHEM BUTLER raised the well-known collection of famous Rabbinic personalities which appeared on an edition of the Shulhan Arukh. The edition to which they are referring to is the Shulhan Arukh printed in Mantua in 1721-23. This edition includes the standard commentaries as well as the commentary of R. Gur Areyeh Finzi (d. 1753). On the title page Finzi (or the printer) included Rabbis in the Shulhan Arukh, R. Karo, R. Isserles, and Rabbis whose works form the basis of the Shulhan Arukh (although not all) – Rashi, Rambam, and Maharil, as well as R. Finzi’s portrait. As you can see below these are not the most flattering portraits done (that of course doesn’t speak to whether they are correct, although it is unlikely that one could produce a portait in some cases hundred of years after the death of a person) it appears some were offended at the way in which they were depicted. Thus, these appear only on the title page for Orah Hayyim but not the other volumes. The same background was used, the gate, just the portraits are absent. Additionally, it is worth pointing out that some focus on the depiction of the Rambam for whether he had peyos as it seems in this portrait he may have (either that or long hair).

Title page of the Shulhan Arukh with the Commentary of the Gur Areyeh, Mantau, 1721




Mrs. Ethel Abrams – Ettel Ha’Ivriya of Clarksdale, Mississippi

Mrs. Ethel Abrams – Ettel Ha’Ivriya of Clarksdale, Mississippi

By Rabbi Akiva Males

________________________

Introduction[1]

Stepping out of my car on Monday morning, July 3rd 2023, I received a warm welcome from the heat and humidity of Clarksdale, Mississippi. I opened the gate of the black iron fence surrounding the Beth Israel Cemetery and stepped inside. It didn’t take me long to survey the surprisingly well-maintained grounds where the members of that small Jewish community now rest in peace. Within a few minutes I found what I had come to see: the tombstone of Mrs. Ethel Abrams, of blessed memory.

Beth Israel Cemetery in Clarksdale, MS
Photo by Rabbi Akiva Males


The gravestone of Mrs. Ethel Abrams, a”h
Source: https://www.findagrave.com/memorial/86841744/ethel-b-abrams#view-photo=108781020

In the paragraphs that follow, I hope to answer the following questions:

  • Who was Mrs. Ethel Abrams?

  • Why did I drive nearly 75 miles from my home in Memphis, TN to visit her grave?

  • What is the history of the small Jewish community which once flourished in Clarksdale, MS?

Part I – The Story of Mrs. Abrams

In January of 2017, I was researching the topic of using a flowing river as a Mikvah (see Rema to Shulchan Aruch YD 201:2, and Aruch Hashulchan YD 201:41-42). After Maariv one night, I approached Rav Nota Greenblatt, zt”l, while he was leaving Shul. I told him what I was looking into, some of the sources I had found, and inquired if anyone had ever asked him about this on a practical level. After all, the city of Memphis sits on the eastern bank of the Mississippi River. I figured this question must have arisen over the nearly seven decades Rav Nota had been fielding – and resolving – all sorts of Halachic questions in Memphis (and far beyond).

Rav Nota stopped, looked me in the eyes, and with a grin on his lips he asked me if I was familiar with Clarksdale, MS. I shrugged, shook my head, and responded that I had never heard of the place. Rav Nota went on to tell me that a prosperous group of Jewish small business owners and their families had once thrived there. He explained that in his younger years, when he was an active Mohel, he had made the roundtrip from Memphis to Clarksdale on many occasions upon the birth of baby boys.

Rav Nota became serious as he continued his story:

Sadly, other than a cemetery, there’s nothing left of Clarksdale’s Jewish community.” He explained that while economic forces were mostly responsible, other factors had also played a role. His eyes moistened as he described how religious observances – particularly those of Shabbos – became less and less prevalent among the immigrant Jews who had sought to earn their livelihoods in the Mississippi Delta.

In retrospect, the handwriting of religious decline was on the wall. Like so many other small communities across the US, Clarksdale had a very limited infrastructure to support traditional Jewish observance, a lack of readily available Kosher food, and no strong Jewish educational structure for their children. It was not long before the Orthodox practices with which most of that community’s Jews were once familiar were no longer part of their routines.

However,” continued Rav Nota, “there was one woman in Clarksdale who wouldn’t let go. Her name was Mrs. Abrams, and she remained absolutely committed to Yiddishkeit. In fact, she tried her best to convince others around her to remain Shomer Torah U’Mitzvos.”

Rav Nota shared that there was one Mitzvah that Mrs. Abrams – whom he called as a Tzadeikes – succeeded in convincing others to observe. Mrs. Abrams was passionate about Taharas HaMishpacha and would speak to the young married women of Clarksdale about how important that Mitzvah was for their marriages, and their families’ futures. However, Clarksdale had no Mikvah. If women were not willing to travel nearly 75 miles to Memphis and back (before modern highways would make that journey more manageable) how could they possibly observe this Mitzvah? Amazingly, on many nights a month, Mrs. Abrams would accompany women from Clarksdale to the nearby Mississippi River where she would help them discreetly immerse in its murky moving waters!

Rav Nota became emotional as he shook his head and exclaimed, “Can you believe it? Mrs. Abrams would take women – just about all of whom were far from keeping Mitzvos – to be Tovel themselves in the Mississippi River! If I wouldn’t have known her, I never would have believed it. But I knew her well, and it’s true!”

I listened in astonishment as Rav Nota described how over the course of many years, Mrs. Abrams had personally reached out to the Jewish women of her community, and respectfully spoke to all who would listen. In an era when everyone around her was dropping Mitzvah observance, somehow, Mrs. Abrams succeeded in encouraging many women to keep Taharas HaMishpacha. She did not persuade those women to visit a pristine new Mikvah. On the contrary, on an untold number of nights, this heroine of the Delta accompanied numerous young marrying and married women to the nearby silt-filled Mississippi River. There, in a spot she had cordoned off along the muddy riverbank, Mrs. Abrams would serve as both a Mikvah lady and a lifeguard!

I was in awe as Rav Nota spoke about Mrs. Abrams. She wasn’t just some sort of a “last of the Mohicans” when it came to Halachic observance in Clarksdale. From the way Rav Nota described this incredible woman, she had been the catalyst for many Jewish women of her locale observing the Mitzvah which was most uniquely theirs. The fact that she succeeded to the degree which she did – and under the most challenging of circumstances – boggled my mind.

As I left Shul and walked Rav Nota to his car, he added another detail about Mrs. Abrams. In speaking with her on his numerous Bris Milah runs to Clarksdale, she had demonstrated extensive knowledge of the other small communities of Jewish merchants living in towns across Mississippi. As such, Rav Nota reached out to her on many occasions to verify the Jewish credentials of people originating from her environs when matters arose pertaining to marriages, Gittin, and funerals. He told me that he had trusted Mrs. Abrams absolutely, and that she had been a vital resource for him in a number of cases that had come his way over the years.

I remember making a mental note to find out more about Mrs. Abrams and Clarksdale, MS, but other pressing issues always seemed to demand my attention. I filed this conversation with Rav Nota in my notes, and I nearly forgot about Mrs. Abrams until the summer of 2023.

Part II – Clarksdale’s Jews in the News

On Monday afternoon, September 6, 1926 – almost 100 years before my visit to Clarksdale – two short items concerning that town’s Jewish community appeared on the local newspaper’s front page. The Clarksdale Daily Register’s two articles related to Rosh Hashanah – which would occur later that same week on Thursday, September 9th and Friday, September 10th.

The first piece was entitled “Jews Observe Holy Season”, and was subtitled “Services To Be Held For The New Year In Local Synagogue All Week”. The first and last paragraphs of that article read:

Services commemorative of Rosh Hashanah or the Jewish New Year will be observed here at the Beth Israel Synagogue. Beginning Wednesday evening at 7:30 when the opening service will be held. Thursday morning services will begin at 8. Since the congregation is an Orthodox one, members will observe two days and services will also be held Thursday evening at 7:30 and Friday morning at 8 o’clock. Regular services for the Sabbath will be held Friday evening and Saturday morning …”

“ . . . The New Year’s day is one of solemn joy and greeting of the day “L’shanah tovah,” A Happy New Year, is heard on all sides in the homes and in the synagogue. The festival is observed two days, the 9th and 10th of September, by the orthodox Jew.”

Just two columns to the right, Clarksdale’s paper ran a second article pertaining to the local Jewish community’s observance of that year’s Rosh Hashanah. It was entitled: “Pupils Enroll For Semester”, and was subtitled: “Jewish Children May Enroll Saturday Since Thursday and Friday Are Religious Holidays”. The first paragraph of that article reads:

Due to the fact that Thursday and Friday of this week are Jewish holidays, Supt. Heidelberg of the city schools announced this morning that all Jewish children would be expected to enroll at their respective schools Saturday morning at 8:30, and that it would not be necessary for them to be present on either of the holidays. However, it is very necessary that they be present Saturday morning, at which time they will be classified . . .”

From the front page of the Clarksdale Daily Register, Monday Afternoon, September 6, 1926

The sad irony of that second article was not lost on the Museum of the Southern Jewish Experience.[2] Their newsletter of September 2022 opened with the following paragraphs:

In 1926, the city of Clarksdale, Mississippi, unknowingly scheduled school registration for the two days of Rosh Hashanah, the Jewish New Year. This didn’t sit well with the Jews of Clarksdale, so they asked for and got an accommodation: Jewish children could register for school on Saturday, instead of the Thursday and Friday of Rosh Hashanah.

This accommodation, in a way, encapsulates well the Southern Jewish experience: Clarksdale’s Jews stood up for their religious identity and the town acceded. But at the same time, there was an accommodation on the Jewish side, as well. Saturday is Shabbat, the Jewish sabbath. By the 1920s, most (but not all) of Clarksdale’s Jews were Reform, keeping their stores open on Saturdays, the busiest shopping day of the week. This was a necessity in a region where Sunday Closing Laws were the norm.

The Southern Jewish experience has always been about adapting, accommodating, and conforming to new surroundings, while at the same time embracing, sustaining, and celebrating our history, culture, and religious practices . . .”[3]

This commentary on the Clarksdale’s Jewish community’s 1926 Rosh Hashanah dilemma offers an eye-opening window into their struggles with religious observance. It also helps resolve the apparent contradiction between the two stories appearing on their newspaper’s front page. Although the first article twice stressed that the congregation was an Orthodox one, the second article described a synagogue whose membership overwhelmingly did not observe Shabbos in an Orthodox fashion. It seems that the condition of Clarksdale’s Beth Israel was much like that of many other early 20th century American synagogues. Though the congregation’s services may have been conducted in an Orthodox manner, by 1926, the lifestyles of many of that congregation’s families were not necessarily congruent with Halacha.

Discovering this eye-opening tidbit of Mississippi Jewish history made me curious to learn more about the Jewish community that once existed in Clarksdale.

Part III – Clarksdale: The Lifecycle of a Jewish Community in the Mississippi Delta

Thankfully, a good deal of research has already gone into the history of Clarksdale’s Jewish community. What follows are excerpts from two excellent articles published by The Goldring/Woldenberg Institute of Southern Jewish Life (ISJL)[4] and the Jewish Historical Society of Memphis and the Mid-South.[5] For the purpose of this article, I took the liberty of combining excerpts from both of those articles. I also rearranged the order in which some of those excerpts originally appeared.

Clarksdale, Mississippi, sits on the Little Sunflower River a few miles east of the Mississippi River. The seat of Coahoma County, Clarksdale emerged as a trading hub in the late 19th century and has long served as an important cultural center for the Mississippi Delta region . . .

. . . The town’s population more than doubled during the 1890s, reaching 1,773 residents by 1900. Migrating African Americans—many of them formerly enslaved—contributed to this population increase, as they sought to make a living in the area’s booming cotton economy . . . .

. . . Prior to the depression of 1921, The Wall Street Journal reported Clarksdale as “the richest agricultural city of the United States in proportion to its population” . . .

. . . Jewish history in Clarksdale and surrounding towns dates to the arrival of German speaking Jews around 1870. Jewish organizational life began in the 1890s and continued to grow in the early 20th century. In the 1930s, the area’s Jewish population reached 400 individuals, and for a time Clarksdale boasted the largest Jewish community in the state. Although Jewish communal life remained vibrant into the 1970s, the Jewish population declined for the next few decades. In 2003 Clarksdale’s only Jewish congregation, Congregation Beth Israel, closed its synagogue . . .

. . . Jewish occupational patterns in Clarksdale mirrored trends not only in other developing towns in the Mississippi Delta but also in new sites of Jewish migration throughout the world. Jewish settlers often began as peddlers before founding dry goods or other retail stores, and they served customers from town as well as the surrounding countryside . . .

. . . By 1896, enough Jews lived in Clarksdale and the surrounding area to hold religious services. That year, five Clarksdale Jewish families founded a congregation known as Kehilath Jacob . . . Early worship services followed Orthodox practice . . .

. . . Kehilath Jacob continued to hold services in borrowed or rented spaces until 1910, when the congregation dedicated its first synagogue, a white stucco building at 69 Delta Avenue. With the erection of their first synagogue came a name change, and the congregation was known as Congregation Beth Israel from that point on . . .

Historic marker in front of Beth Israel Congregation’s first building in Clarksdale, MS
Photo by Rabbi Akiva Males

. . . As of 1920, the local community consisted of approximately 40 Jewish families in Clarksdale, with additional congregants in outlying areas . . . Temple Beth Israel accommodated a variety of Jewish observances during its early decades, but younger members began to push for Reform services with more English prayers. The rift between Orthodox and Reform congregants threatened to split the congregation during the 1920s, until the construction of a new synagogue in 1929 allowed Temple Beth Israel to hold two concurrent services on separate floors . . .

. . . The Orthodox members used the lower auditorium and the Conservative and Reform used the upper floor. It was the only synagogue in Mississippi that provided for Orthodox, Conservative, and Reform worship in the same sanctuary . . .

. . . As the 20th century progressed, Jewish shops remained a visible presence in downtown Clarksdale. Of fifteen dry goods stores listed in Clarksdale’s 1916 city directory, at least two-thirds belonged to Jewish merchants. Other Jewish retail businesses included “general goods” and grocery stores, as well as later department stores . . .

. . . The arrival of Rabbi Jerome Gerson Tolochko in 1932 marked a turning point for Beth Israel. Not only was Rabbi Tolochko the congregation’s first formally ordained resident rabbi, but his training at Hebrew Union College in Cincinnati reflected the Jewish community’s movement toward Reform Judaism . . .

. . . Clarksdale was home to nearly 300 Jewish residents at the end of World War II . . . In 1970 Congregation Beth Israel still claimed 100 families, but a series of economic changes had begun to have a visible effect on the Jewish community. The agricultural labor force in the Mississippi Delta had declined in preceding decades, as a consequence of New Deal programs that paid landowners to reduce crop production and the introduction of mechanical cotton pickers in 1947. As the number of sharecroppers and other agricultural workers decreased, so too did the customer base for many Jewish retail stores . . .

. . . During the late 20th century, the rise of chain discount stores accelerated the decline of Jewish retail businesses, and Clarksdale’s Jewish population continued to shrink . . . Many members relocated to Memphis but continued to support the Clarksdale congregation and maintained ties to the Clarksdale community.

In the early 21st century, Beth Israel’s remaining 20 members decided they could no longer sustain a congregation. They made plans to close the synagogue and organized a deconsecration service on May 3, 2003 . . . The building was ultimately sold, leaving the Jewish cemetery as the landmark that most explicitly testifies to the existence of a once vibrant Jewish community . . .”

Elsewhere,[6] I learned that Beth Israel’s cemetery was established in 1919. In recent decades, a fund was established to ensure the perpetual care of the final resting place of Clarksdale’s Jewish community. Indeed, I can attest to that cemetery’s dignified upkeep.

Part IV – Finding Mrs. Abrams

Rav Nota Greenblatt’s amazing story about Mrs. Abrams had piqued my curiosity about Clarksdale’s Jewish history. The articles I discovered helped me better understand that community’s rise and decline. However, as I reflected on Mrs. Abrams’ excursions to the Mississippi River with the Jewish women of her locale, there were more details I wanted to learn about that incredible woman:

  • What was her first name?

  • What was her background?

  • How did she remain so committed to Torah and Mitzvos in a place without a supportive populace or infrastructure?

  • What compelled her to remain in Clarksdale when she obviously desired to live a fully observant Jewish life?

  • How did she deal with Clarksdale’s 1926 Rosh Hashanah / Shabbos dilemma?

  • How did she successfully convince numerous women who were not seriously committed to Jewish observance to use the Mississippi River as a Mikvah?

  • How did she ensure the safety of the women she led into that mighty river?

Unfortunately, on Friday, April 29, 2022 (28 Nissan 5782) Rav Nota Greenblatt, zt”l, passed away. Although I asked some of Rav Nota’s children and Talmidim if they had more information on Mrs. Abrams, no one seemed to know more about her than what he had shared with me.

Rav Nota Greenblatt, zt”l, in his home study on Erev Pesach 2017
Photo by Rabbi Akiva Males

Through some internet sleuthing, I discovered a grandson of Mrs. Abrams, and he was excited about my interest in his grandmother.

When we spoke, I learned that her first name was Ethel, she was born on December 10, 1876, and that she hailed from a renowned Rabbinic family named Bronitsky from the vicinity of Minsk and Pinsk in Russia (modern-day Belarus). Ethel married her husband David (1877 – 1947) back in the Old Country, and that’s where their daughter and son were born. In search of a livelihood, David Abrams came to America in either 1904 or 1905, and a job opportunity brought him to Clarksdale, MS. The family was reunited in 1908 when Ethel and her two children were able to join David in Clarksdale.

According to family tradition, Mrs. Abrams was deeply unhappy about the decreasing levels of Jewish religious observance she witnessed all around her. Her determination to adhere to the Torah and Mitzvos must have caused her to feel quite isolated – yet she held firm. I learned that Mrs. Abrams raised chickens in her backyard, and that her husband would travel to Memphis by train with some of them on Friday mornings. Once there, they would be properly slaughtered, and he would take the train back to Clarksdale so those chickens could be prepared for Shabbos. Memphis was also where the Abrams family procured the Matzah and other staples they required for Pesach. On December 8, 1968 Mrs. Ethel Abrams passed away – just two days shy of her 92nd birthday.

I told Mrs. Abram’s grandson the beautiful story Rav Nota had told me about her, the Mississippi River, and the numerous Jewish women of Clarksdale who observed Taharas HaMishpacha because of her. He was not aware of these details about his grandmother, and he greatly appreciated my sharing those gems with him.[7]

As our friendly conversation drew to a close, I felt glad to have gained many biographical details of Mrs. Abrams’ life. Unfortunately, I also realized that I would never learn all that I wanted to understand about her. After all, no one could truly answer my questions about her thoughts and experiences other than Mrs. Abrams herself – and she did not seem to have left a written record before passing away in 1968. I thanked Mrs. Abrams’ grandson, and told him that I looked forward to visiting Clarksdale in the coming weeks.

Part V – Visiting Mrs. Abrams

As I stood before Mrs. Abrams’ tombstone on that July morning, I thought about her iron-clad resolve to remain true to Torah and Mitzvos in the midst of the most trying times and circumstances. I glanced at the many graves to her right and left and wondered how many of those neighbors had immersed themselves in the Mississippi River because of her. I recited a Perek of Tehillim followed by a Kel Maleh, and I pledged to give some Tzedakah in memory of that Tzadeikes upon returning to Memphis. As I exited Beth Israel’s cemetery, I looked back, and mentally bid farewell to Clarksdale’s Jewish community. After shutting the gate behind me, I returned to my car.

While driving back to Memphis, I thought of the famous Midrash[8] about why the Torah refers to Avraham Avinu as Avraham Ha’Ivri.[9] According to ChazalAvraham did not simply come to Canaan from the other side of the river (which the word Ha’Ivri connotes in its plain meaning). Rather, Avraham Avinu earned the honorific title of Ha’Ivri because he found the strength to swim against the tide – living a life that was distinct from all who surrounded him. Even when the rest of the world metaphorically positioned themselves on one side of a river, Avraham was at peace remaining in solitude on the other side. Furthermore, not content in just behaving differently than his neighbors, Avraham Avinu also tried his best to persuade a great number of them to join him in his worldview and way of life – on his side of the river.

Like her forefather Avraham Ha’Ivri, Mrs. Ethel Abrams found the strength to go her own way, and not live her life by following the crowd. Regardless of her surroundings, Mrs. Abrams followed her own convictions, and also did her best to persuade others to observe Mitzvos – especially Taharas HaMishpacha. The river associated with Avraham Ha’Ivri was the Euphrates. In Mrs. Abrams’ case it was the Mississippi. After visiting her grave, I will always associate this Midrash with her. As far as I’m concerned, Mrs. Ethel Abrams was Ettel Ha’Ivriya of Clarksdale, MS.

Yehi Zichrah Baruch.

_____________________

Rabbi Akiva Males serves as the Rabbi of Young Israel of Memphis. He also teaches at the Margolin Hebrew Academy-Feinstone Yeshiva of the South. He can be reached at rabbi@yiom.org

[1] I thank my father Mr. U. H. Males for his valuable editorial assistance.
[2] The Museum of the Southern Jewish Experience is located in New Orleans, LA. See here.
[3] See here.
[4] Available online in the ISJL’s Encyclopedia of Southern Jewish Communities – Clarksdale, Mississippi. See here.
[5] Kerstine, Margie, “Clarksdale: A Mississippi Delta Jewish Legacy,” Southern Jewish Heritage 18, no. 2 (2005). Available online here.
[6] Bennett, David, “Temple Beth Israel Active Despite Recent Decline,” The Clarksdale Press Register, January 22, 1994, page 5B.
[7] He also wondered if Mrs. Abrams may have taken women to immerse in the Sunflower River – a smaller tributary of the Mississippi River which runs through Clarksdale. After all, that would have been simpler than going to the Mississippi River itself. Of course, this would have only been possible when the Sunflower River’s water levels allowed for immersion.
[8] Bereishis Rabbah 42:8.
[9] Bereishis 14:13