KEDUSHAH, KEDOSHAH, OR B’K’DUSHAH in KEDUSHAH D’YESHIVAH?

KEDUSHAH, KEDOSHAH, OR B’K’DUSHAH in KEDUSHAH D’YESHIVAH?

Wayne Allen

In his classic study of the content and evolution of Jewish prayer, Abraham Millgram (Jewish Worship, p. 134) asserts that “the most significant addition to the liturgy after its redaction at Yavneh was that of the Kedushah, a prayer in which the community of Israel together with the heavenly host proclaim God’s holiness.” Yavneh was the town in which rabbinic Judaism retrenched after the destruction of the Second Temple in the year 70 C.E. Millgram further contends that the Kedushah prayer “is obviously mystic in nature” and Babylonian in origin (ibid.). It was during the early Rabbinic period that Babylonian mystics “were engrossed in speculations regarding the nature, appearance, and functions of the…angelic sanctification of God” as described in Isaiah 6:3 and Ezekiel 3:12 which, along with Psalm 146:10 make up the central elements of the Kedushah prayer, surrounded by appropriate introductions and connecting phrases.

In his commentary on the Bible, Rabbi Meir Leib ben Yehiel Mikhel Malbim (1809 – 1897) explains that when, as described by the prophet Isaiah, the angels on high proclaim God’s holiness (kedushah, in Hebrew), they are, in essence, attesting that “God is separated from earth in that He is immaterial; He is separated from time in that He is everlasting or eternal; and He is also separated from the heavens in that He is insubstantial.” This threefold separation is what characterizes holiness. Rabbi Hayim Halevi Donin (To Pray as a Jew, p. 126–7) adds that “not only is God above and beyond man and his world, but the angels proclaim God to be above and beyond their world as well” leading to the inevitable question: “if the angels so proclaim, can mortal man say less?”

When the Babylonians introduced the inclusion of the Kedushah, it was fittingly placed immediately before the third blessing of the Amidah which concludes with an affirmation of God’s holiness. It quickly became the apotheosis of the public prayer service. After some initial resistance, the Kedushah gained currency among Palestinian Jews as well. Millgram (Jewish Worship, p. 136) surmises that Jews unable to attend synagogue services daily felt deprived of the privilege to recite Kedushah so the rabbis inserted an abbreviated form of Kedushah in the text leading up to the first blessing before the recital of the morning Shema as well as incorporating the key verses of the Kedushah in the paragraph near the end of the morning service, perhaps for late-comers. This form of the Kedushah did not require a quorum of worshippers, thus enabling all worshippers – whether or not in synagogue – to declare God’s holiness in the mystical words of the prophets Isaiah and Ezekiel. To distinguish the standing, public recital of the Kedushah during the reader’s repetition of the Amidah, the early recital of the Kedushah was termed Kedushah D’ Yeshivah (the “sitting” Kedushah or Kedushah D’Yotzer, referring to the blessing it precedes, cf. Resp. Otzar HaGe’onim, Berakhot No. 46) and the later recital of the kedushah was called Kedushah D’Sidra (See Babylonian Talmud, Sotah 49a; Shabbat 116b; Resp. Otzar HaGe’onim No. 320).

It is the Kedushah D’Yotzer that is the subject of a wording dispute. Four Hebrew words describe the manner in which the angels proclaim God’s holiness. The dispute centers on whether these four words constitute two pairs of phrases with each phrase consisting of a noun and a modifying adjective, or one phrase consisting of a noun followed by two modifying adjectives and then a proper noun. The first view would read this phrase as בְּשָׂפָה בְרוּרָה, meaning “with clear speech,” followed by וּבִנְעִימָה קְדשָּׁה, meaning “and in sacred melody.” The readers would treat the four-word phrase as if there were a comma between the two pairs of words even if a comma did not appear in the text. According to the second view, the phrase should read בְּשָׂפָה בְרוּרָה וּבִנְעִימָה. קְדֻשָּׁה, meaning “in clear and melodious speech. [They proclaim] the Kedushah.” On the first view, the phrase is simply descriptive of the way the angels would proclaim God’s holiness, without indicating the nature of the proclamation. On the second view, the phrase describes the way the angels recite the Kedushah. A survey of various prayerbooks demonstrates how this dispute plays out.

Prior to the publication of the Artscroll prayerbook in 1984, the most popular siddurim used in Orthodox synagogues were the De Sola Pool prayerbook and the Birnbaum prayerbook. The Traditional Prayer Book for Sabbath and Festivals was edited by Rabbi David De Sola Pool who served Congregation Shearith Yisrael, the Spanish and Portuguese Synagogue in New York City for more than forty years. His acknowledged erudition led to the official adoption by the Rabbinical Council of America of this prayerbook for all Orthodox congregations in the United States in 1961. Both the 1940 and 1960 edition (p. 53) translated the disputed phrase as:

Mutually accepting for themselves His heavenly rule, in unison they all give one another the word to hallow their Creator in serene, pure utterance of sacred harmony…

That De Sola Pool considered the first view as the correct one is confirmed by the punctuation in the Hebrew text which puts a period after the word Kedoshah which is vocalized with a holom, that is, a dotted vav, making it an “o” as in “so” sound, and rendering it as the modifier of “ne’imah.” Likewise, Ha-Siddur Ha-Shalem edited by Philip Birnbaum and mass distributed by Hebrew Publishing Company adopts the same view. The 1949 edition reads (p. 73):

In serene spirit, with pure speech and sacred melody, they all exclaim in unison and with reverence…

The Hebrew is vocalized the same way as De Sola Pool.

The series of prayer books published for or by the Conservative movement follows suit. The Prayer Book, edited by Rabbi Ben-Zion Bokser, long-serving rabbi of the Forest Hills Jewish Center in Queens, New York, and published by Hebrew Publishing Company in 1961 reads (p. 47):

They sing a hymn of allegiance to the Divine power, each bidding the other go be first in acclaiming their Creator, With soft and clear tones, they chant in unison a sacred melody declaring…

Bokser took the editorial liberty of interpolating the action taken by the angels, i.e. chanting in unison, to make the word flow smoother but he obviously holds that the text is composed of two pairs of phrases with a noun (“tones” in the first phrase and “melody” in the second) and a modifier (“soft and clear” in the first phrase and “sacred” in the second).

The Sim Shalom prayerbook, based on the work of the eminent liturgist Rabbi Jules Harlow, was published by the Rabbinical AHssembly in 1998. Here, the disputed phrase is rendered (p. 97):

One to another they vow loyalty to God’s sovereignty; one with another they join to hallow their Creator with serenity, pure speech, and sacred song, in unison, chanting with reverence…

With his talent for a more poetic rendering of Hebrew, Harlow matches the phrase “one to another” to “one with another” in describing the angelic choir. Notably, Harlow also give his nod to the first view, supported again by the Hebrew text with a comma between the two phrases and the vocalization of K’doshah.

Interestingly, the Jewish Welfare Board, tasked with unenviable mission of producing a prayer book that would serve Jewish troops of all affiliations, translated the disputed phrase in its 1969 High Holiday Prayer Book for Jewish Personnel in the Armed Forces as follows (p. 101):

All of them act with harmonious accord, with purity of purpose and with united strength to perform reverently the will of their Creator. They all break forth into song of pure and holy praise, while they bless, glorify, and proclaim…

The “song of pure and holy praise” conforms with the first view of the disputed phrase. Also of note, the description of the angelic proclamation as a “song” conforms to the Talmudic text as will be noted below.

In contrast, since 1984 and in line with siddurim published in Israel, the second view has ascended in prominence. The Complete Artscroll Siddur (1992 edition, p. 87), translated by Rabbi Nosson Scherman, is paradigmatic:

Then they all accept upon themselves the yoke of heavenly sovereignty from one another and grant permission from one another to sanctify the One Who formed them, with tranquility, with clear articulation, and with sweetness. All of them as one proclaim His holiness and say with awe…

While the identification of the name of the angelic proclamation as the Kedushah is not explicit, this translation accepts the notion that “clear articulation and sweetness” go together in describing it, clearly evident in the Hebrew and its punctuation with a period after the word u-v’ne’imah. This is a pattern followed by Siddur Rinat Yisrael, the mainstream Israeli prayerbook and the popular Koren Siddur under the guidance of Rabbi Jonathan Sacks.

The question of which view is correct or which version is the more authentic is not easily resolved. One of the earliest Jewish prayerbooks, the ninth century Seder Rav Amram (Goldschmidt ed., p. 13), is ambiguous. Lacking any punctuation or explication, the four-word Hebrew phrase in question can be read either way. The same is true with Mahzor Vitry, an enhanced prayerbook produced by the twelfth century school of Rabbi Shlomo Yitzhaqi of Troyes (Horowitz ed., Part I, p. 65). However, the Frumkin edition of Seder Rav Amram published in 1912 notes (p. 188) that a British Museum manuscript vocalized the text to read “k’doshah” in reference to the angelic melody, supporting the first view, while RaShI’s commentary on Isaiah 6:3 (“Holy, holy, holy! God of Hosts—Whose presence fills all the earth!”) includes the observation: “This is the basis for the prayer in Yotzer Ohr, Kedushah: all together proclaim,” that supports the second view. It seems like the Tosafists agree (Babylonian Talmud, Hagigah 13b, s.v. mi-zei-atan).

Fourteenth century Spanish Rabbi David Abudraham, aware of the dispute, seeks to resolve it in his authoritative compendium on Jewish prayer. In the 1963 edition of Sefer Abudraham (p. 73), he explains the parallelism in the text. “Because the author called the language of the angels ‘clear,’ by extension, he also called the melody ‘sacred.’” In other words, the phrase in question consists of two pairs of words, each pair with a noun and a modifying adjective, implying that the text ought to be read as safah berurah and ne’imah kedoshah. He goes on to acknowledge that “some read ‘Kedushah,’ but the first version is correct.” In his multi-volume study of Jewish prayer, Netiv Binah (Vol. I, p. 235, n. 8), Rabbi Y. Jacobson cites Abudraham’s opinion as decisive. He also includes as support the Yemenite prayerbook that reads u-v’ne’imah t’horah, that is, “and with pure melody.” Even though the wording differs from the Ashkenazi prayerbook (t’horah instead of k’doshah), Yemeni Jews agree that the word that follows after “ne’imah” is an adjective. Hence, “Kedushah” would be incorrect.

But all is not settled. Complicating matters, thirteenth century authority on Jewish law, Rabbi Tzedekiah ben Abraham Anaw (Shibbolei Ha-Leket, Sec 13) reports that he had found a text ascribed to eighth century Rabbi Natronai Gaon that reads: “with clear speech, melodiously, and devoutly.” On this version, the phrase in question uses three terms to describe the manner in which the angels proclaim God’s holiness: clearly, melodiously, and devoutly. It certainly does not comport well with the second view that specifies that the angels recite Kedushah, but neither does it support the first. Likewise, the prayerbook of Italian Jews, Mahzor Italiani (Luzatto, ed., Vol. I, p. 14) reads: b’safah berurah, b’ne’imah, u’vik’dushah, best translated as “with clear speech, melodiously, and with sacred devotion.”

To sum up, there are actually three views on the proper reading of the phrase in question. The first view would stipulate reading: b’safah berurah, u-v’ne’imah k’doshah. This view is supported by Natronai Gaon, the British Museum manuscript of Seder Rav Amram, the Yemenite Siddur, and Abudraham. The second view would stipulate reading: b’safah berurah u-v’ne’imah, Kedushah. This view is supported by RaShI and the Tosafists. And the third view would stipulate reading: b’safah berurah, b’ne’imah, u’vik’dushah. This view is supported by the opinion of Natronai Gaon and the Mahzor Italiani. Jewish worshippers, then, are left with a conundrum. Each view has its defenders.

However, three further considerations make a better case for the first view. First, the preponderance of authorities favors this view. Late thirteenth century Spanish Rabbi Yom Tov Ishbili (Hiddushei Ha-RITVA, Meg. 23b, s.v. u-midivrei rabbotai) mentions the tradition of his teachers reciting b’safa berurah u-v’ne’imah kedoshah kulam k’ehad onim b’eimah v’omrim b’yir’ah Kedushah, meaning with clear speech and in sacred melody, together as one, the angels say the Kedushah with trepidation. The RITVA acknowledges that the angels recite the Kedushah. But they do so with clear speech and sacred melody (ne’imah k’doshah) which is the reading of the first view. In fact, reading k’doshah as Kedushah would make no sense since Kedushah here would be redundant, being mentioned at the end. Fifteenth century Spanish Rabbi Abraham Saba (Tzror Ha-Mor, Bereshit, s.v. v’od) identifies two kinds of speech: what comes from the mouth and what comes from the heart. The latter is the superior and is endemic to the angels. He implies that the distinction is embedded in the phrase in question: safah berurah and ne’imah k’doshah. Sixteenth century Turkish Rabbi Moses Alshikh (Commentary on Exodus 28, s.v. v’hayya) also seems to follow b’safah berurah, u-v’ne’imah k’doshah.

Further, Rabbi Joseph Karo (Bet Yosef on Tur, Orah Hayyim 59, s.v. katuv) cites the Orhot Hayyim who accepts the first view and adds “I heard that the leading authorities of the generation follow this version.” Likewise, Rabbi Moses Isserles, agrees (Darkhei Moshe HaKatzar, Orah Hayyim 59:2) and, in Tur, Orah Hayyim 59, n. 2 states that “this is how it is arranged in our prayerbooks.” Eighteenth century Rabbi Jacob Emden (Siddur Bet Ya’akov, Warsaw ed. 1910, p. 120) acknowledges that while some versions have the word “Kedushah” vocalized with the shuruk (vowel sound “oo”) treating it as a noun, the preferred version is to read the phrase in question as b’safah berurah u-v’nei’mah k’doshah with a pause after “berurah,” and a holom after the letter “daled,” because the word “k’doshah” is an adjective modifying “ne’imah.” And Siddur Ha–Ya’avetz, Amudei Shamayim (ed. Deutsch [2016] p. 86) has Emden punctuating the phrase in question with a comma after the word “berurah”(indicating in his notes a need for a pause) and vocalizing the noun in the ensuing phrase as “k’doshah.” Tellingly, the standard reference work for the Ashkenazi nusah, Seder Avodat Yisrael, arranged and annotated by Isaac Seligman Baer (see Robert Scheinberg, “Seligmann Baer’s Seder Avodat Yisrael (1868): Liturgy, Ideology, and the Standardization of Nusah Ashkenaz”), adopts the first view. Moreover, in his notes (ed. Rödelheim [1868], p. 78), Baer relies on Abudraham as authoritative and claims that ne’imah k’doshah was Abarbanel’s version as well. He also claims that he had a manuscript reading of RaShI on Isaiah 6:3 which does not include “Kedushah.” The Siddur Rav Shabbetai Sofer of Przemysl (or Premslow), an authoritative compendium of prayers for Polish Jewry, includes both views, with ne’imah kedushah followed by ne’imah k‘doshah in parentheses, identified as “another version.” In his notes, Sofer indicates that the parenthesized version is that of Abudraham. And, like nineteenth century Rabbi Yehiel Mikhel Epstein (Arukh HaShulhan, Orah Hayyim 59:10), former Chief Rabbi of Israel Ovadiah Yosef (Resp. Yabi’a Omer, Pt. 8, Orah Hayyim, No. 11, Sec. 15) acknowledges that there is support for both the first and second view, it seems that the latter gives greater credence to the first view.

Second, the Babylonian Talmud refers to the angelic proclamation as a “shirah” (song) and not Kedushah, as assumed by the second view. Rav Hananel cites the opinion of third century Rav (Hullin 91b) who said:

Three groups of ministering angels recite a song (shirah) every day from the verse “Holy, holy, holy is the Lord”; one says: “Holy,” and another one says: “Holy,” and another one says: “Holy is the Lord of hosts; the whole earth is full of His glory.”

There is no mention of this “song” as the Kedushah prayer. Avot D’Rabbi Natan (Version A, Chapter 12) explicitly refers to this proclamation as “shirah” as well.

Third, Hebrew grammar makes the second view problematic. If the phrase in question was intended to convey the idea that the angels above recite Kedushah clearly and melodiously, then the grammatically correct way to express that idea would be: b’safah berurah u-v’ne’imah, kulam k’ehad, onim v’omrim Kedushah b’yir’ah. Thus, the translation would be: “with clear speech and melodiously, all the angels together would respond and say the Kedushah in trepidation.” The extant word order does not support this reading. In simpler terms, Kedushah is the object of the sentence and must follow after subject and verb. Saying “Kedushah: all together they respond and say,” as the proponents of the second view would have readers do, is both awkward and ungrammatical. Indeed, this is precisely what Baer (op. cit.) states, describing it as “dohak ha-lashon,” difficult language.

Solomonically, Rabbi Ovadiah Yosef (op. cit.) concludes that either way, the first view or the second view, is acceptable. But which is “correct?” Ideally, worshippers should adopt the first view and follow the text as was printed in the Birnbaum and De Sola Pool prayerbooks as well as those published by or for the Conservative movement. (Why the Rabbinical Council of America pivoted away from the original De Sola Pool prayerbook is a mystery.) However, it is entirely proper to follow the text of the synagogue where one is worshipping. Maimonides (Resp. RaMBaM, No. 181) rules that congregational unity is more important than loyalty to the established text. The view of Rabbi Moses Schreiber is also apropos. Asked which mode of prayer is preferred, Ashkenazic or Sephardic, he answers that the Sephardic is preferred but “what we pray according to the formulations of Ashkenazi prayer is heard [by God] as well” (Resp. Hatam Sofer, Orah Hayyim, No. 15). Here, too, we may have the assurance that whichever way the disputed phrase is articulated, God will accept it in the spirit it is offered.




Open Orthodoxy and Its Main Critic, part 1

Open Orthodoxy and Its Main Critic, part 1
Marc B. Shapiro

Please note: The conversation in the comments, while of importance, does not fit the focus of the Seforim Blog. Anyone who wishes to continue can email Dr. Shapiro or the conversation can be continued on a different website.
1. Those who follow Jewish debates on the internet have probably heard of Rabbi Avrohom Gordimer, who has assumed the mantle of defender of the faith. He sees his goal as exposing the non-Orthodox nature of Open Orthodoxy, and has spent many hundreds of hours reading everything written by Open Orthodox figures (and their spouses), looking for a problematic sentence in order to pounce on them. He not only attacks the Open Orthodox rabbis but also shows his contempt for them by generally refusing to even mention their names. Instead, he refers to an unnamed Open Orthodox rosh yeshiva or rabbi and you don’t know who he is speaking about until you click on the link. I realize he doesn’t respect these figures, but to even deny them the simple courtesy of mentioning their names, as if to do so is muktzeh mehamat mius, is in my opinion simply disgraceful (albeit a common writing style in the haredi world).
This obsession with the Open Orthodox reminds me of how in earlier centuries Christian zealots “could declare themselves ‘crusaders’, join a company of St. Peter Martyr, and assume a special responsibility for denouncing suspicious behaviour to the Holy Office.”[1] It also reminds me of how in previous years the right wing would constantly attack YU and Modern Orthodoxy. Now that the Open Orthodox are under attack, YU and Modern Orthodoxy re getting a pass. But make no mistake about it, if there wasn’t an Open Orthodoxy to kick around, YU and Modern Orthodoxy would once again be the focus. It appears to me, and many others, that all of Rabbi Gordimer’s attacks are pretty meaningless by now, as we get it, he doesn’t like Open Orthodoxy and he thinks that they are not “Orthodox” (a Christian term which perhaps it is time to jettison). Simply drumming this point continuously is not going to make it any clearer.[2]
R. Kook famously said that the righteous do not complain about heresy but add faith.[3] In other words, they always focus on the positive. Now the truth is that this quote, taken by itself, is problematic, as we have examples where R. Kook himself complained about heresy. I think that the passage therefore must be speaking in generalities. In other words, he doesn’t mean that the righteous never complain, but that their essential nature does not focus on the negative and finding the flaws in others. Rather, they are focused on adding faith in order to show the truth of their own position.
Rabbi Gordimer gives us a continuing list of controversial statements from people identified with Open Orthodoxy. As mentioned, he will spend hours and hours reading their material until he finally hits pay dirt. We are never told about any of the good things he sees in the writers he so often attacks, and how 99% of what he reads in their writings is not objectionable. I also find it most curious (but not unexpected) that it is only the left who are subjected to this type of detailed examination, all in order to find material with which to attack them. What about people on the right who also say objectionable things? Why are they not subjected to the same criticisms? How come he criticizes Open Orthodox figures for their liberal Zionism, but never says a word of criticism about the anti-Zionism found in Satmar and other haredi groups? The question is rhetorical.
Another problem is that while Rabbi Gordimer himself tries to stick to the issues, the comments to his posts, which have to be approved before being posted, sometimes do contain derogatory and insulting remarks about individuals. How can anyone view this as appropriate?
I have no difficulty if someone wants to criticize, even sharply, Open Orthodox writers, as long as there are no personal attacks. In fact, if the criticisms of Rabbi Gordimer and others were offered on a basis of friendship and common purpose, I can tell you without hesitation that the Open Orthodox writers would be grateful for the criticism and dialogue, as they want nothing more than to engage with all segments of the Jewish world, including the more right wing elements.
As mentioned above, I find it most objectionable that all of Rabbi Gordimer’s (and others’) criticism is of the left, never the right. I have made this point in a number of lectures. Occasionally, individuals have replied to me that it is unfair to compare Open Orthodox ideas with actions of people identified with the haredi world, as these actions are simply the result of people making mistakes and say nothing about haredi Judaism itself. Thus, they claim, if a criminal is haredi, this has nothing to do with the ideals or teachings of haredi society.
While there is some truth to this argument, it is not entirely true. For example, the widespread cover-ups of sexual abuse in haredi society, and the reluctance to go to the authorities, are directly related to haredi ideology. Yet Rabbi Gordimer has never commented on this. I also have no doubt that some financial crimes in the haredi world, including by institutions such as yeshivot, are often related to both the structure of haredi society, which leads many into poverty, and also haredi teachings that may downplay or even deny the halakhic prohibition of certain white collar criminal activity. And you don’t need me to say this. Haredim say the same thing all the time. I mention this only to stress that just as I would be the first to say that there is plenty to criticize in Open Orthodox thought, there is also plenty to criticize in haredi thought (and also in Centrist thought). In fact, as we shall soon see, one can find things written by those on the right that I think many readers, including haredim, would find even more objectionable than what Rabbi Gordimer has written about.
Before going further, let me note that there is much that Rabbi Gordimer criticizes that I don’t find at all objectionable, and I will give an example of this below. By the same token, there are aspects of the Open Orthodox critique of haredism and Centrism that I do not share, and I don’t expect either the haredim or the Open Orthodox to agree with everything I write either. But that is OK, as no one can expect everyone to agree on everything. Well-founded criticism is a vital part of any society and must be appreciated. Just as there is what to criticize in all camps, there is also a great deal to praise in all camps (and in some areas, in particular Torah study and respect for Torah scholarship, the haredi world is far superior to what is found among non-haredim in the United States).
As noted already, Rabbi Gordimer is an avid reader of Open Orthodox writings. In fact, I think he has read more such writings than anyone else (even more than the Open Orthodox!), and yet he is not able to come up with anything positive that they say or do. This shows me that he is not being fair, as I can give a long list of great things that Open Orthodox rabbis have done across the country, things that even the most right wing would applaud. I can do the same with haredi rabbis and I guarantee you that Open Orthodox rabbis would applaud. Contrary to the mean caricatures one finds online, the Open Orthodox are some of the most genuine and giving people I have ever met, and I say this as one who has never been an adherent of Open Orthodoxy. The Open Orthodox leadership and its rabbis show respect not only for those on their left (which leads Rabbi Gordimer and others to criticize them) but also for those on their right, as I can attest from many years of personal interaction. (When I speak of respect for those on their right, I am not referring to people like myself, but of Torah scholars firmly ensconced in the haredi world who do not reciprocate this respect.) In short, we must recognize there is a lot of good in all camps and we should support positive developments no matter where they originate.
Furthermore, it is important for the halakhic community to understand that there needs to be different paths for different people as not everyone has the same spiritual make-up. It is therefore important to have responsible halakhic authorities who can speak to the different communities. Rather than engaging in constant criticism, Rabbi Gordimer should be happy that the communities on the left are able to turn to an outstanding talmid chacham such as R. Dov Linzer, as he understands their situation and can provide proper guidance. I encourage people to examine some of R. Linzer’s recent halakhic writings here.
Returning to an earlier comment I made, if the point of all the criticism of Open Orthodoxy is the protection of authentic Judaism by countering the distortions on the left, then shouldn’t the distortions on the right also be countered? Aren’t these also dangerous, even more dangerous as they reach a wider range of people and are regarded as authentic Torah teachings by many? Since Rabbi Gordimer and others only look to criticize those to their left, never those to their right, they must ask themselves if the protection of Judaism is really their only goal, or if, unconsciously perhaps, their crusade against Open Orthodoxy also has other motivations.
When I have mentioned these points to various people, they always ask me to provide examples of what I am talking about, i.e., of writings from the haredi world that should be criticized by Rabbi Gordimer in the same way he criticizes what Open Orthodox writers are saying. There are lots of examples I could give (and readers can find some of them in previous posts), but let me choose a book that was actually removed from a synagogue library because of the views expressed in it.[4]
In 2007 Rabbi Dovid Kaplan published Major Impact.[5]
It has a chapter entitled “Jews and Goyim”. The chapter begins as follows:
Every Shabbos in Kiddush we declare that HaKadosh Baruch Hu chose us from all the nations. At every Havdalah we declare that we’re as different from them as day is from night. It’s always interesting to see examples of just how different we are. So read this chapter and then enjoy your next Kiddush and Havdalah.
Here are some examples from the chapter:

We once took our kids on a trip to the United States. A goy on the plane asked me how many children we have. I told him five. “How old are they,” he asked. “The oldest is eight, and the youngest is three months.” “Wow,” he said with a look of disbelief, “you have twins?”

COMMENT: The idea of bringing children into the world on a regular basis was utterly foreign to his way of thinking. 

The Polish maid brought her fiancé to meet her employer, Rebbetzin Ruchama Shain. “You have to treat your wife with respect,” she said. “Oh, don’t worry. I’ll only beat her if she disobeys me,” responded the big shaigetz.

COMMENT: And he’ll only steal if he doesn’t have enough money. And he’ll only kill if he’s upset. And he’ll only . . . 

Shechitah houses often employ goyim, big strong ones, to help with the animals. A friend related the following incident to me. A cow had just been shechted. One of the goyim walked over with an empty cup, filled it with blood that was oozing from the neck, and then drank it down.

COMMENT: For him there’s no issue. For us it’s unimaginable. 

I once saw a young boy sitting on a fence at the zoo. A little old goyish lady wearing a zoo maintenance outfit approached him. “Come on down off that fence honey,” she said, “cuz I don’t want you to fall.” Wow, I thought to myself. It’s nice of her to be so concerned. I was really impressed, but only briefly. “cuz if you fall there’ll be brains all over the place, and I don’t wanna hafta clean up no brains.”

COMMENT: Can you imagine a Jewish bubby ever talking like that? 

Dr. Jacobs was making his rounds through the ward accompanied by Dr. Obama [!], an African-American. “What’s happening with Mr. O’Neill?” he asked Dr. Obama. 

“Her blood pressure is up and she has a little edema. Other than that she’s fairly stable.”

“I asked about Mr. O’Neill.”

“And I answered. ”

“But why did you refer to him as ‘she’?”

“Oh, I guess you wouldn’t know. Mr. O’Neill is eighty-eight years old. Back in Africa our native tribe has a custom. Once a man passes eighty-five and can’t do much, he’s referred to as ‘she.’”

COMMENT: We place older people on a pedestal and make every effort to make them feel important. Anything that may even remotely reduce their dignity is by definition pasul. And them? Yuch![6]

I realize that most of these stories are made up in order to make non-Jews look bad, but this last one is really stupid, even as a racist story, since when was the last time you heard an African-American referring to the customs of his native tribe? Also, in case anyone missed it, the name “Obama” is probably not an accident.
I don’t think there is any need for me to elaborate on how offensive this material is. Everyone understands how we would react if the focus was Jews and if one were to extrapolate from a (phony) story with one Jew to the entire Jewish people. The ideology expressed in this book (and others like it) is in direct opposition to everything I was taught about how Torah is supposed to make one a more refined individual. I also wonder, how many potential baalei teshuvah who picked up this book were turned off to Judaism after reading what I have quoted?[7]
I have no doubt that Rabbi Gordimer agrees with me that the views expressed in this book are not in line with what we should stand for as a people. So will we see a condemnation of this book and of ones that express similar views, or do they get a pass because they emanate from the haredi world?
Despite my great opposition to this book, I am willing to acknowledge that other things the author has written can be valuable. Why can’t Rabbi Gordimer, despite his criticism of Open Orthodox writers, admit that even if he disagrees with them about certain things, they can still make valuable contributions in areas where he would agree with them? In sum, when Rabbi Gordimer begins criticizing the problems in the haredi and centrist worlds with the same enthusiasm (or even half the enthusiasm) as he takes on writers in the Open Orthodox world, then I and many others might begin to take him seriously as someone who can offer a valuable perspective.
I should note that R. Yitzchok Adlerstein has made some comments relevant to the matter I have just discussed:

Mean-spirited and racist remarks made on comboxes on websites catering to the Chassidic community turn up quoted on anti-Semitic and anti-Israel websites. . . . Enough material exists to make it easy for intelligent outsiders to get beyond the posturing of spokespeople and learn about attitudes often expressed by the masses. For decades, observant Jews of all persuasions could go about their business flying under the radar of their neighbors. If they stayed out of trouble with the law (or did a good enough job at keeping malefactors out of the headlines), they were more than tolerated by other Americans. There are no longer any secrets. Every small group is the subject of inquiry, and the free sharing of information means that outside investigators quickly learn what people speak about behind closed doors. 

Agudath Israel undertook an impressive program of community education to parts of its membership regarding dina demalchuta[8] and chillul Hashem[9] in the aftermath of too many high-profile scandals. It will not be enough. The next exposés (they have already begun) will not deal so much with criminal behavior as with rejection and contempt. Many Americans who are not anti-Semitic will still not take kindly to the thought that large numbers of people, albeit minorities even within their own communities, have little or no regard for them as human beings, and no concern for their welfare. Those who take the policy of hen am levadad yishkon to the limit will soon learn that there are minimum expectations placed upon citizens not by law but by popular sentiment. If they wish to live as equals in the United States, they will have to come to some sort of modus vivendi with other Jewish values like darkhei shalom and genuine regard for the tzelem Elokim in all people.[10]

Let me now turn to the reason I have been discussing Rabbi Gordimer in the first place, and that is his attack on R. Ysoscher Katz found here. Rabbi Gordimer claims that there is no such thing as Modern Orthodox pesak, and that decisions by Modern Orthodox poskim “should look no different than if [they] were adjudicated by a chareidi posek; process (research) and product (conclusion) should be indistinguishable.” This is simply false, as anyone who knows the writings of Modern Orthodox poskim can attest. A posek is not a computer. All sorts of meta-halakhic considerations go into his rulings and this explains why a Modern Orthodox posek will come to different conclusions than haredi poskim on many issues. I am not referring to whether a tea bag can be used on Shabbat, as in this sort of case there shouldn’t be any differences between haredi and Modern Orthodox poskim, but in matters concerning which the two camps differ (e.g., the role of women) there will obviously be differences among the poskim.
For Rabbi Gordimer, all poskim share the same “process”. Not only is this historically incorrect, it isn’t even “doctrine”. Does he really think that there are any haredim who believe that Modern Orthodox poskim operate the same way as haredi poskim? Of course they don’t, which is precisely the reason why they reject Modern Orthodox halakhists, because they know that their meta-halakhic values influence their halakhic decisions. The haredim don’t oppose meta-halakhic values per se. Meta-halakhah has a very prominent place in haredi halakhah. It is the particular Modern Orthodox meta-halakhic values that they see as problematic.
I realize that for people reading this post what I have just said is neither new or even controversial. Many of you are probably wondering why I am even wasting my time in making an obvious point. So let me mention some important sources that you might have been unaware of that illustrate what I have been saying.
In 1951 R. Joseph B. Soloveitchik was asked if it was permitted to volunteer to serve as a chaplain in the U.S. armed forces, as this might lead to various halakhic problems, in particular with regard to Shabbat. Before analyzing the halakhic sources, R. Soloveitchik gives us an insight into the meta-halakhic factors that are operating within him. He confesses his lack of objectivity in a way that directly contradicts his portrayal of how Halakhic Man operates. A haredi posek who did not see any value in participating in larger American society could never have penned the following words, which stand as a complete rejection of Rabbi Gordimer’s point:
I have undertaken the research into the halakhic phase of this problem, which is fraught with grave political and social implications on the highest level of public relations, with utmost care and seriousness. Yet, I cannot lay claim to objectivity if the latter should signify the absence of axiological premises and a completely emotionally detached attitude. The halakhic inquiry, like any other cognitive theoretical performance, does not start out from the point of absolute zero as to sentimental attitudes and value judgments. There always exists in the mind of the researcher an ethico-axiological background against which the contours of the subject matter in question stand out more clearly. In all fields of human intellectual endeavor there is always an intuitive approach which determines the course and method of the analysis. Not even in exact sciences (particularly in their interpretive phase) is it possible to divorce the human element from the formal aspect. Hence this investigation was also undertaken in a similar subjective mood. From the very outset I was prejudiced in favor of the project of the Rabbinical Council of America and I could not imagine any halakhic authority rendering a decision against it. My inquiry consisted only in translating a vague intuitive feeling into fixed terms of halakhic discursive thinking.[11]
R. Soloveitchik’s description does not only apply to himself, but is how all poskim operate, although, with the possible exception of R. Jehiel Jacob Weinberg, none of them have been as self-reflective as R. Soloveitchik. It would actually be a good project to interview different poskim and see how each of them formulate the role of intuition and their own “ethico-axiological background” in the formation of halakhic decisions. In R. Nachum Rabinovitch’s recently published Mesilot bi-Levavam,[12] he states that a posek who is not guided by broad ethical considerations, a pesak of his “is not worth the paper it is written on.” These ethical considerations will of course vary, depending on whether the posek is haredi or Modern Orthodox/Religious Zionist.
Here are two examples of what I am talking about from R. Jehiel Jacob Weinberg, and which shows how wrong Rabbi Gordimer is in his assumption that one’s ideology doesn’t affect one’s halakhic decisions. R. Weinberg was asked about the halakhic permissibility of autopsies in the State of Israel. He wrote as follows (Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 1, p. 42):
והנה זה דבר ברור, שלעולם לא יגיעו בארץ ישראל לדעה אחת . . . ופתרון השאלה תלוי הרבה בהערכת המצב בעולם הרפואה, וביחס אל המדינה ומוסדותיה; וגם בהבנת המצב במחקר מדע הרפואי, וביחס אל החכמים העוסקים במדע זה, הן במחקר והן בשמוש למעשה.
R. Weinberg explicitly tells us that how one decides the halakhah depends on how one evaluates a series of non-halakhic matters. One of these is how one relates to the State of Israel. Obviously, a haredi posek who sees no real significance to the State of Israel will be inclined to rule one way, while a posek who regards Jewish self-rule as being of momentous significance will be inclined to rule differently. None of what I am saying is at all radical or controversial. It is simply obvious to anyone who studies halakhic literature.
Elsewhere, as we have seen in previous posts, R. Weinberg states that if there is a dispute among halakhic authorities we must reject the view that will bring the Torah into disrepute in people’s eyes (Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 1, p. 60):
ואגלה להדר”ג [הגרא”י אונטרמן] מה שבלבי: שמקום שיש מחלוקת הראשונים צריכים הרבנים להכריע נגד אותה הדעה, שהיא רחוקה מדעת הבריות וגורמת לזלזול וללעג נגד תוה”ק.
Obviously, a posek from a closed haredi society is going to have a different view regarding whether a halakhic decision will bring the Torah into disrepute in people’s eyes. In fact, I would assume that such a posek would reject R. Weinberg’s statement completely, seeing it as giving in to modern values even when in opposition to Torah sources.
Although I can cite numerous other texts to support what I am saying, let me just add one more. The late R. Aharon Felder, She’elat Aharon, vol. 1, no. 12, responded to someone who claimed that R. Moshe Feinstein’s halakhic decisions were not at all influenced by his nature or surroundings. R. Felder completely rejects this claim and adds[13]:
לא נתנה תורה למלאכי השרת וזהו כלל גדול אף בקשר למנהיגי ופוסקי הדור.
I mention R. Felder since I have very fond memories of a Shabbat I spent as scholar-in-residence in his shul not long before his untimely passing. I was fortunate to be able to spend hours talking with him over that Shabbat, and by telephone afterwards. While people generally knew him as a posek, he was also full of information about great rabbis, many of whom he knew personally, and he was happy to share this information. Here is a picture of us together.
One of the interesting things I learnt from speaking to him was that he had semichah from R. Shlomo Yosef Zevin. I think this is very unusual as I have never met anyone else who received semichah from R. Zevin. This connection to R. Zevin probably explained something else that happened over the Shabbat which was also very unusual. On Shabbat morning R. Felder spoke. Usually, when there is a scholar-in-residence the rabbi does not speak, but R. Felder had something he wanted to say. He devoted most of the derashah, which dealt with the importance of truth, to my post here on ArtScroll’s censorship of R. Zevin’s Ha-Moadim ba-Halakhah. Having a derashah focus on a Seforim Blog post was certainly a new one for me. In the derashah, R. Felder mentioned that when he first learnt of the censorship years ago, he told Rabbi Meir Zlotowitz that what ArtScroll did was completely wrong, and that while they are entitled to disagree with what R. Zevin wrote, they had no right alter his words.
To Be Continued
2. This past year we were told that it was Agudath Israel of America’s 93rd convention. This convention was significant as the Agudah finally threw in the towel and accepted the internet, setting up a website for the convention and broadcasting live. See here. The Agudah now has its own website here.
This new policy came in through the back door, with no explanation as to why something that until now has been forbidden is now permitted. This was typical for the Agudah, and years from now we will probably be able to read in the official history of Agudath Israel of America how the Agudah was among the first to recognize the great value of the internet for spreading Torah, and how the Agudah immediately seized this opportunity. Also of interest is that although the website just mentioned is the official Agudah website, and reports on all that is going on with Agudath Israel of America, it is called the Lefkowitz Leadership Initiative. Yet as anyone who examines the website can see, the Lefkowitz Leadership Initiative is only a small part of the website. Apparently, there is still a problem with calling the Agudah website by its proper name so they had to use a bit of false advertising by referring to it as the Lefkowitz Leadership Initiative.
What about the “93rd convention”? This would mean that the first Agudath Israel of America convention was in 1923 (as we are speaking about annual conventions). How is this possible if Agudath Israel in America was not formed until 1939 and its first convention was held on July 9-11, 1939?[14] See here for a 1950 news report which speaks of the 28th annual convention. This would mean that the first convention was indeed in 1923. Yet see here for a 1947 news report that speaks of Agudah’s 9th annual convention. This would mean that the first convention was in 1939, which is indeed correct. In years prior to 1947 the reports of the Agudah conventions also give 1939 as the year of the first convention.
So what happened between 1947 and 1950 and how did the Agudah start portraying itself as having conventions before Agudath Israel of America even existed? Rabbi Moshe Kolodny, the Agudah archivist, informed me that the 93rd year is a commemoration of the founding of the American branch of the World Agudat Israel on July 20, 1921. (As already mentioned, Agudah Israel of America was itself not founded until 1939). The problem with this explanation is that the 2015 convention should then be the 95th convention, not the 93rd. This is quite apart from the fact that I don’t understand how the Agudah can speak of 93 conventions when until 1939 there weren’t any annual conventions for Agudath Israel of America.
1923 as a year is significant in Agudah history, as it is the year when the first World Agudath Israel convention took place in Vienna. This is the convention from which we have the recently discovered video of the Chafetz Chaim. What I think happened is that between 1947 and 1950 some Agudah functionary decided that the annual Agudath Israel of America convention should be tied to 1923, and that is why this year’s convention was called the 93rd convention. The problem with this is, as mentioned, not only that Agudah Israel of America has not had 93 conventions, but that even if you date the conventions to 1923, you still don’t get 93 conventions. I say this because while the first world Agudah convention was held in 1923, this was not a yearly event. The next world convention was not held until 1929.
I have told this to a number of people and they are all surprised. Yet I find it hard to believe that I am the first person to point out that there have not been 93 annual conventions. Maybe some of the readers who attended the convention can weigh in. Can it really be that no one in attendance realized the problem involved in advertising it as the 93rd convention?
I realize that next year when the Agudah announces its 94th convention, opponents of the Agudah will, based on this post, write about how 94 is an incorrect number. But the more important point is that the Agudah actually has an annual convention. Mizrachi used to have an annual convention, but it is no more. Isn’t it significant that the Modern Orthodox have nothing to equal the annual Agudah convention?
3. A couple of months ago I was speaking to two people and one of them asked me why, if the right wing is so opposed to Open Orthodoxy, that they don’t just put its leaders in herem. I replied that in today’s day and age we don’t find anyone being put in herem. They will put books in herem but not individuals, as we saw with R. Nathan Kamenetsky and R. Natan Slifkin. Why don’t they put people in herem anymore? The answer usually given is that no one will pay attention to the herem.[15] Yet people don’t pay attention to the herems on books either, and that hasn’t stopped them from banning books.
In the discussion one of the people said that if they would put a herem on the leaders of Open Orthodoxy, they would have to also to put a herem on some women, and this would never work.  As he put it, the negative publicity would be too much, as the rabbis would be portrayed as big bullies coming after defenseless women. I have no idea if this is the reason why they haven’t put a herem on the Open Orthodox leadership, but I have to confess that I had never thought of the female angle. It probably is the case that putting women in herem would create a public relations nightmare that would equal what we have seen with the sexual abuse cover-ups and the declarations that basic historical and scientific knowledge is to be regarded as heresy. (In fact, I think that even putting men in herem in this day and age would lead to a big backlash.) That then got me thinking, how often in Jewish history have women been put in herem? I am only aware of the following cases: one in the Talmud,[16] two others discussed by R. David Ibn Zimra[17] and R. Meir Katzenellenbogen[18] respectively, and another two separate cases that involved many Italian rabbis.[19] Yet there must be others.
4. As I write this post, Yosef Mizrachi is in the news. It began with his unbelievably ignorant comments about the Holocaust and soon moved into other outrageous things he said, both about the Holocaust and in general.[20] Years ago I found another really offensive comment about the Holocaust, yet in this case the author was actually a well-known posek. In seeking to explain why the Holocaust occurred, R. Ovadiah Hadaya writes as follows, in words that sound like they could have been said by Mizrachi:[21]
לפעמים יש הרבה ממזרים בישראל שלא ידועים ואז הקב”ה מוכרח למחותם וכדי שלא יתביישו משפחתם אז הקב”ה נותן רשות למשחית להרוג גם טובים עמהם בכדי שלא יורגשו מי הם הממזרים.
Just think about the implications of this statement. 6 million pure Jewish souls, including 1 million children, are destroyed, and R. Hadaya suggests this was done to get rid of the mamzerim. Furthermore, in order not to embarrass the families of the mamzerim all the rest had to be killed as well, as if the omnipotent God couldn’t come up with some other way to take care of this. I don’t think that this passage can even be called “theodicy”, as theodicy is the defense of God’s goodness and omnipotence in the face of evil. The theology of this passage, if accepted as true, would actually lead people to doubt God’s goodness and omnipotence.
One day, not long after I found this passage, I was in the National Library of Israel reading room, and there, as usual, was Prof. David Weiss Halivni. I was very comfortable talking with him, but I wasn’t sure if I should tell him about what R. Hadaya said. I thought it might really unsettle him, seeing how a rabbi could give this explanation as to why all his loved ones were slaughtered in the most cruel way. In the end, I decided to share it with him. All Prof. Halivni said, and this is applicable to Mizrachi as well, is that when it comes to the Holocaust Sephardim simply don’t get it. What he meant was that not having the personal connection to the Holocaust, their discussions of it are without the emotional intensity one finds in the Ashkenazic world. In the Ashkenazic world, detached explanations of the sort offered by R. Hadaya and Mizrachi would be too offensive to even consider.
[1] Brian Pullan, The Jews of Europe and the Inquisition of Venice, 1550-1670 (London, 1997),  p. 100.
[2] If one looks at the attacks that have been made on Open Orthodoxy by Rabbi Gordimer and others, you will find the Open Orthodox placed together with Early Christians, Sadducees, Reform, and Conservative Jews. A friend commented that it is a wonder that they aren’t also compared to Sabbateans. I replied that this is probably only because the attackers are unaware of the fact that Shabbetai Zvi gave women aliyot, a step that Gershom Scholem describes as the “substitution of a messianic Judaism for the traditional and imperfect one.” See Sabbatai Zvi, p. 403.
[3] Shemonah Kevatzim 2:99.          
[4] It would be interesting to create a list of books removed from synagogue libraries for heresy or other reasons. When I was in yeshiva in Israel (and some of my classmates will probably remember this episode), Rabbi Alfred Kolatch’s Second Jewish Book of Why popped up in the beit midrash. This volume, and the others in Kolatch’s series, were extremely popular and sold more than 1.5 million copies. See here. Kolatch was a Yeshiva College graduate but he was ordained at the Jewish Theological Seminary. One of the teachers at the yeshiva insisted on having the book removed because the author was a Conservative rabbi. This teacher also wanted to show that Kolatch was an ignoramus. He pointed to a passage, p. 294, where Kolatch discusses why women are not obligated in tzitzit. Kolatch mentions that most assume that it is a mitzvat aseh she-ha-zeman gerama. He also offers another option, that in ancient times the four-cornered type of garment to which tzitzit were attached was a male garment, so women never adopted the practice of tzitzit. The teacher mocked the notion that tzitzit had anything to do with a male garment, and was adamant that the only reason women do not wear tzitzit is because it is a time-bound positive commandment. Unbeknownst to the teacher, and I didn’t feel comfortable mentioning it to him at the time as I thought he might not take it well after making such a public case against Kolatch, Targum Pseudo-Jonathan includes tzitzit (and tefillin) as male garments which women are forbidden to wear. See Targum Ps. Jonathan, Deut. 22:5.
[5] This book was called to my attention by Michael Steel.
[6] It is true that observant Jews place older people on a pedestal. Sometimes they may even go too far. R. Solomon Kluger, one of the most outstanding nineteenth-century poskim, has a passage that is very difficult to understand. It appears in his commentary on the Shulhan Arukh, Hokhmat Shlomo, Hoshen Mishpat 426.
According to R. Kluger, if one has to put oneself in a degrading situation or if it requires too much effort to save the life of another, then one doesn’t have to do it. In giving an example of טרחה יתרה he mentions an old person, who according to R. Kluger would not be obligated to trouble himself excessively to save the life of another. Many have discussed this strange passage (and surprisingly, a number of the discussions do not note that at the end R. Kluger appears to backtrack from his hiddush). R. Moshe Feinstein, Iggerot Moshe, Yoreh Deah 2, p. 290, uses the following very strong language regarding R. Kluger’s suggestion:
הוא טעות גמור ושרי להו מרייהו, דדברי חכמת שלמה הא ודאי ח”ו לאומרם.
As we have come to expect, at least one scholar questioned the authenticity of R. Kluger’s words, a phenomenon we find whenever a radical position is expressed. But in this case the scholar I am referring to is the great R. Reuven Margaliyot who should have known better. He writes (Nefesh Hayah, 13:3):
והנה על כגון דא בוודאי אמרו דחדש אסור מן התורה ותמה אני אם יצאו דברים הללו מפיו הקדוש.
When I first saw R. Kluger’s words, I thought of R. Moses Isserles, Shulhan Arukh Yoreh Deah 251:9:
ואפילו חכם לכסות ועם הארץ להחיות [החכם קודם] ואשת חבירו כחבר.
Many understand להחיות to mean literally to save from death. I think most will offer a sigh of relief that the Shakh writes:
בזמן הזה שאין תלמיד חכם . . . כל שכן דאין לדחות פקוח נפש מפניו.
[7] Contrast what appears in Kaplan’s book with what R. Ahron Soloveichik wrote:

Every human being, regardless of religion, race, origin, or creed, is endowed with divine dignity. Consequently all people are to be treated with equal respect and dignity.  

Anyone who fails to apply a uniform standard of mishpat, justice, tzedek, righteousness, to all human beings regardless of origin, color or creed is deemed barbaric.  

People who refuse to grant any human being the same respect that they offer to their own race or nationality are adopting a barbaric attitude.

The quotations all come from R. Soloveichik’s Logic of the Heart, Logic of the Mind (Jerusalem, 1991), and are discussed in Meir Soloveichik’s recent essay, “Founding Brothers”: The Rav, Rav Ahron, and the American Idea,” in Soloveichik, et al., eds., Torah and Western Thought: Intellectual Portraits of Orthodoxy and Modernity (New Milford, CT, 2015), pp. 96ff.
Torah and Western Thought is quite an interesting book and I highly recommend it. It also contains essays on R. Kook, R. Isaac Herzog, Nehama Leibowitz, R. Immanuel Jakobovits, R. Yehuda Amital, R. Aharon Lichtenstein, R. Norman Lamm, and Prof. Isadore Twersky. For obvious reasons the essay on Twersky, written by Carmi Horowitz, was of particular interest to me, and I was very happy to read, p. 258 n. 26, that Rabbi David Shapiro “is now editing and preparing for publication more than twenty years of Rabbi Twersky’s divrei Torah delivered at the Talner Beit Midrash.”
[8] As long ago as 1819, Leopold Zunz wrote about “the persistent delusion, contrary to law, that it is permissible to cheat non-Jews.” See Amos Elon, The Pity of It All: A Portrait of the Germany-Jewish Epoch, 1743-1933 (New York, 2002),  p. 113. In an earlier post here I wrote:

Isn’t all the stress on following dina de-malchuta revealing? Why can’t people simply be told to do the right thing because it is the right thing? Why does it have to be anchored in halakhah, and especially in dina de-malchuta? Once this sort of thing becomes a requirement because of halakhah, instead of arising from basic ethics, then there are 101 loopholes that people can find, and all sorts of heterim.

After writing this I heard R. Jeremy Wieder’s shiur on the topic of dina de-malchuta dina (available here) and he makes some very similar points.

[9] This is a mistake. It is not Hashem (with a capital “H”, implying “God”) but hashem (or ha-shem). I.e., it is not a desecration of God but of His name. Thus, one should writeחילול השם  not חילול ה’. See Lev. 22:32: ולא תחללו את שם קדשי. Nissim Dana titled his 1989 translation of one of R. Abraham Maimonides’ works ספר המספיק לעובדי השם. Yet the last two words should be ‘לעובדי ה.
Regarding the use the “Hashem”, I found something very confusing in the ArtScroll Stone Chumash. In place of the Tetragrammaton, ArtScroll does not use the word “Lord” but “HASHEM”, as this is how people pronounce the Tetragrammaton. While ArtScroll is the first translation to adopt this approach, it does have a certain logic. However, this logic breaks down a few times on p. 319 when the ArtScroll commentary attempts to explain what occurs at the beginning of parashat Va-Era. For example, “Or HaChaim comments that God’s essence is represented by the name HASHEM.” This makes no sense, as there is no name HASHEM. The commentary should have written that “God’s essence is represented by the four letter name of God.”
[10] “Digital Orthodoxy: The Making and Unmaking of a Lifestyle,” in Yehuda Sarna, ed., Developing a Jewish Perspective on Culture (New York, 2014), pp. 280-281.
[11] Community, Covenant and Commitment, ed. N. Helfgot (Jersey City, 2005), pp. 24-25. See also The Rav Speaks (Brooklyn, 2002), pp. 49-50: “I once said that there exists problems for which one cannot find a clear-cut decision in the Shulchan Aruch (code of Jewish law); one has to decide intuitively.” For another example where we see that R. Soloveitchik did not operate as Halakhic Man, see R. Menachem Genack, “My First Year in the Rav’s Shiur,” in Zev Eleff, ed., Mentor of Generations (Jersey City, 2008), p. 171:

I went to be menachem avel [console the mourner] at his home on Hancock Road in Brookline on Shushan Purim. His aveilus on Shushan Purim itself was something of a chiddush: although the Mechaber writes that one should sit shivah on Shushan Purim, the Remah rules that one should not. And Rav Soloveitchik said that, should he be asked to pasken the question, he would follow the opinion of the Remah. But he himself could not do otherwise than sit shivah on that day. Sitting shivah was the only way he could express himself that day – psychologically he could not do otherwise.

It is impossible to imagine that the Rav’s uncle, R. Isaac Zev Soloveitchik, would have ever consciously allowed his emotions to influence how he decided halakhah. See e.g., here where I write: “Another such example of this is the report that when one of R. Velvel’s sons died shortly after birth, and the family was crying, he was insistent that they stop their tears, since there is no avelut before thirty days.”

[12] (Ma’aleh Adumim, 2015), p. 512.                                                           
[13] R. Menahem Azariah of Fano even states that one can ignore a conclusion of R. Samuel Di Medina as he was angry when he wrote a particular responsum. See She’elot u-Teshuvot ha-Rama mi-Fano, no. 109.
                                                                                              
ואין לחוש לדברי הר”ש די מדינה שכתב ההפך מזה, כי נראין הדברים מתוך התשובה שבא לכלל כעס עם אחד העם שהיה מנהיג כך והוא מוחזק בעיניו שהיה עושה כן להתיהר ושלא לש”ש.
On the other hand, see here for the following story told by R. Eliezer Melamed in which R. Zvi Yehudah Kook turns his father into a religious robot, completely lacking any natural emotion.
פעם ליווה אבי מורי את הרצי”ה בלכתו מהישיבה לביתו, ואז סיפר לו הרצי”ה שלאחר פטירת הרב חיים עוזר גרודז’ינסקי מוילנא, קיימו לזכרו אזכרה בירושלים. אחד הספדנים אמר בתוך דבריו, שאצל רבי חיים עוזר האהבה לישראל לא קלקלה את השורה, והוא אהב את מי שצריך לאהוב. ומתוך דבריו נרמזה ביקורת על מרן הרב קוק, שנפטר שנים ספורות לפני כן, שכביכול אצלו האהבה קלקלה את השורה. דברים אלו ציערו וקוממו את הרצי”ה. זמן לא רב אח”כ התקיימה האזכרה השנתית של מרן הרב קוק, ואז הזכיר הרצי”ה את המשנה בברכות (לג, ב): “האומר על קן ציפור יגיעו רחמיך . . . משתקין אותו”. וזאת משום שהוא תופס את מידותיו של הקב”ה כאילו יש בהן חולשה אנושית של רחמנות שחורגת ממידת הדין והצדק, ואילו האמת היא שגם רחמיו של הקב”ה הם גזרות מדויקות. וכך הוסיף הרצי”ה: הצדיקים הגדולים ההולכים בדרכי ה’, הרחמים שלהם ואהבת ישראל שלהם אינם רגש אנושי שסובל מחולשה וטעות, אלא הם גזרות הנובעות מעומקה של תורה. וכל מי שאומר על הצדיקים שמידותיהם רחמים – “משתקין אותו”! וכך חזר כמה פעמים ואמר כלפי אותו ספדן “משתקין אותו”!
[14] For the founding of Agudath Israel of America and its first convention, see Aharon Rakeffet-Rothkoff, The Silver Era in American Jewish Orthodoxy (Jerusalem/New York, 2000), pp. 162-163.
[15] If they started putting individuals in herem, one of the questions that would be raised is does the banned person’s spouse and children also have to abide by the herem. It is hard to see how a couple could remain married if that was the case. This matter is actually discussed by R. Solomon ben Adret, She’elot u-Teshuvot ha-Rashba ha-Meyuhasot le-Ramban, no. 266. He informs us that R. Abraham ben David (Rabad) did not think that a wife has to observe the herem (we don’t know what he thought about the children). However, the Rashba disagrees and states the wife is indeed obligated to observe the herem.
[16] Nedarim 50b.
[17] She’elot u-Teshuvot ha-Radbaz, vol. 7, no. 50.
[18] See She’elot u-Teshuvot Maharam mi-Padua, no. 73.
[19] See Yakob Boksenboim, ed., Parashiyot me-Havai Yehudei Italyah ba-Meah ha-16 (Tel Aviv, 1986), pp. 29ff.; Nahum Rakover, “Shikulim be-Anishah: Hatalat Ones ke-she-ha-Avaryan Alul la-Tzet le-Tarbut Ra’ah o le-Hishtamed,” in Yitzhak Alfasi, ed., Ha-Ma’a lot li-Shelomo (n.p., 1995), pp. 367ff.
[20] R. Amnon Yitzhak actually spoke about Mizrachi’s statement before anyone else (someone obviously fed it to him). This youtube video was put up on October 25, 2015, two months before Mizrachi’s statement became an international scandal.

After the controversy broke, I looked around a bit and found that from a religious standpoint, Mizrachi has said something regarding the Holocaust that is much worse than what he was called to task over, as his comment defames many great rabbis. In the video below he has the chutzpah to think that he knows why so many tzadikim were killed in the Holocaust. He explains – I hope you are sitting down –  that they were not really complete tzadikim, and he identifies their supposed flaw. On the other hand, he states that the complete tzadikim were saved (and he makes the ridiculous statement that R. Aaron Kotler was a kiruv activist in Europe). Has anyone before Mizrachi ever made the appalling statement that survival of the Holocaust is proof that Rabbi X was more righteous than Rabbi Y who was murdered?

Contrast what Mizrachi said with what R. Jehiel Jacob Weinberg, a survivor of the Holocaust, said (Seridei Esh, vol. 1, p. 1):
רעדה תאחזני ובושה תכסה את פני לבוא ולספר על הנסים והנפלאות שנעשו עם אזוב קטן כמוני, אשר לא אדע במה לתלות נס-הצלתי, בוודאי לא מזכות יתירה, אלא ממיעוט זכות להמנות בין מקדשי השם הגדול והנורא
The only explanation R. Weinberg could give as to why he was miraculously saved was that he was not worthy enough to die al kiddush ha-shem.
In my Torah in Motion classes on R. Elchanan Wasserman I discuss the false claim that R. Elchanan returned to Europe “to die with his students.” I don’t know how this yeshiva myth arose. R. Elchanan left the United States in March 1939, more than five months before the German invasion of Poland. He didn’t know what was coming and would never have returned to Poland if he did. (R. Elchanan’s son, R. Simcha Wasserman, is reported to have made this exact point. See R. Ari Kahn’s post here.)

[21] Yaskil Avdi, vol. 8, p. 200. R. Hadaya was also a kabbalist but surprisingly he makes an obvious mistake, ibid., p. 97, as pointed out by R. Meir Mazuz in his just published Darkhei ha-Limud, p. 7. R. Chaim Vital, Sha’ar ha-Gilgulim, hakdamah 34, states:
והנה משה תחילה היה הבל בן אדם הראשון ואח”כ נתגלגל בשת ואח”כ בנח ואח”כ בשם בן נח
R. Hadaya writes:
הרי לך דעם שמשה היה אחרי כמה מאות שנים, מזמן הבל ושת ונח ובנו שם, עכ”ז נתגלגל בהם
According to R. Hadaya, what R. Vital is saying is that Moses was reincarnated into Abel, and then into Seth, Noah, and Shem, even though Moses lived many years after them. This would be a great mystery if R. Vital had said it, since how could a person be reincarnated into someone who lived before him? Yet this is not what R. Vital said. If you look at the quotation from Sha’ar ha-Gilgulim you can see that its point is that Abel was reincarnated as Seth, and then Noah, and then Shem, and in the end came Moses.



Marc B. Shapiro – Forgery and the Halakhic Process, part 2

Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is the author of Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884-1966 (London: Littman Library, 1999), The Limits of Orthodox Theology: Maimonides’ Thirteen Principles Reappraised (London: Littman Library, 2003) and Saul Lieberman and the Orthodox (University of Scranton Press, 2006).

Prof. Shapiro is a frequent contributor to the Seforim blog and his recent posts include: “Uncensored Books”; a response to Rabbi Zev Leff (with a subsequent exchange with Rabbi Chaim Rapoport); “What Do Adon Olam and ס”ט Mean?,” and obituaries for Rabbi Yosef Buxbaum and Prof. Mordechai Breuer.

This post is a follow-up to his recent “Forgery and the Halakhic Process.”

Forgery and the Halakhic Process, part 2
by Marc B. Shapiro

In this post I would like to finish up with Rabbi Zvi Benjamin Auerbach’s Eshkol. But first, I must clear up another matter about which I was asked, as I discussed it right at the beginning of my first post dealing with the Eshkol. I mentioned that the late fourteenth-early fifteenth-century kabbalist, R. Menahem Zioni, quotes R. Yehudah he-Hasid’s comment that a section of the original Torah was removed by David and placed in the book of Psalms. After being shown this passage, as part of the effort to defend the authenticity of R. Yehudah he-Hasid’s commentary, R. Moshe Feinstein replied that Zioni’s commentary was also forbidden to be used.[1]

R. Moshe also writes that he doesn’t know who R. Menahem Zioni is. Presumably, this is designed to show Zioni’s insignificance, and make it easier for R. Moshe to ban his book. The problem is that Zioni is hardly an unknown figure; his commentary on the Torah is actually quite famous. He was also “one of the few kabbalists in 14th-century Germany.”[2] For R. Moshe to state that he is unfamiliar with Zioni is an acknowledgment that he is not particularly learned in Kabbalah. I don’t think anyone should find this surprising, much like they shouldn’t find it surprising that R. Moshe was not a savant of Jewish philosophy. He was an ish halakhah, and his time was spent focused on Shas and Poskim. Just as the Rav reports that R. Moshe Soloveitchik never held the Rambam’s Guide, we can also say about R. Moshe Feinstein that his interests were in line with the typical Lithuanian gadol, and that meant that Talmud and halakhah were what he devoted himself to.

While I don’t find R. Moshe’s lack of knowledge about a medieval kabbalist surprising, not all share this sentiment. After my last post someone wrote to me asking if it is true that R. Menasheh Klein rejected R. Moshe’s disqualification of Zioni. This is indeed true, and Klein’s responsum appears in his Mishneh Halakhot, new series, vol. 2, no. 214. Klein also points out that Zioni is quoted in halakhic sources, including the Magen Avraham, and he adds:

הציוני מקדמוני בעלי המקובלים וגדולי הפוסקים גאון וקדוש ה’ ואשרי מי שזוכה להבינו ולחקרו וללמדו, וח”ו להוציא לע”ז על קדוש ה
As to how R. Moshe could have banned such a work, Klein has his own solution: “I don’t believe that these words came from the Gaon R. Moshe, but in my humble opinion a mistaken student wrote them and placed them among his papers after his death.” He also states that it is impossible for him to believe that R. Moshe never heard of Zioni since he is quoted in the commentaries on the Shulhan Arukh, and R. Moshe knew the Shulhan Arukh backwards and forwards. He concludes that God should forgive the one who is responsible for what appear in Iggerot Moshe, that which is now falsely attributed to R. Moshe.[3]

This is, of course, comical. R. Moshe insists that Zioni’s commentary should be banned, and Klein insists that R. Moshe never wrote this. The fact that the relevant volume of Iggerot Moshe was published in R. Moshe’s lifetime and the letter in which he writes against Zioni was sent to Rabbi Daniel Levy of Zurich and is dated 1976 does not deter Klein is what is surely one of the strangest things to appear in his volumes of responsa (which contain a good many strange things[4]).

As for R. Yehudah he-Hasid’s commentary, which R. Moshe also banned, Klein writes as follows (Mishneh Halakhot, vol. 16, no. 102):

מהעתקת הציוני כת”י של רבינו יהודה החסיד זה הוא עדות נאמנה גם על הכת”י של רבינו יהודה החסיד שהוא קודש קדשים וח”ו לרחקו ולומר שמינים כתבוהו
R. Moshe’s rejection of the commentary of R. Yehudah he-Hasid is not entirely unexpected. In fact, there are about ten different places where R. Moshe denies the authenticity of an earlier text because it does not agree with his preconceptions. In a future post I hope to list all of these examples, which show that R. Moshe could be quite daring (and this led to sharp responses to him by other poskim). Yet, as with R. Yehudah he-Hasid, every one of the texts that R. Moshe rejects is unquestionably authentic. In at least one of the cases we even have the author’s own manuscript.

A number of years ago I was studying R. Mordechai Spielman’s Tiferet Zvi. This is a multi-volume commentary on the Zohar which shows incredible bekiut. In fact, the Zohar is often just a springboard for the learned author to discuss all sorts of Torah matters. His first book, Tziyun le-Nefesh Tzvi, shows the same characteristics, and it is devoted to the issue of whether kohanim can go to the graves of tzadikim. While most poskim rule that they cannot, there is also a tradition, popular among the kabbalistically inclined, that tzadikim are exempted as they do not cause impurity. In one of his final articles, the late Prof. Israel M. Ta-Shma dealt with this issue.[5]

I noticed that Spielman cited Zioni and was curious to hear his reaction to R. Moshe’s teshuvah. In a lengthy letter, dated July 14, 1994, in which he discussed a variety of matters, he wrote:

וכשהייתי לפני כמה שנים בירושלים עה”ק ובקרתי אצל מרן פוסק הדור מו”ה ש”ז אויערבאך הנ”ל הסכים עמי ואמר לי בפירוש במעמד א’ מיקירי רבני ירושלים עה”ק שליט”א שאין הצדק עם הגאון ר’ משה זצ”ל לאסור למכור את הספר הקדוש הזה

[Quite by coincidence, a couple of years later my havruta at the Scranton yeshiva was the great-nephew of Rabbi Spielman. He told me that his uncle, who was a follower of the Munkatcher rebbe, R. Hayyim Elazar Shapira (and also a native of Munkatch), used to celebrate Thanksgsving each year. Such was his feeling of gratitude to be living in the United States.]

Returning to Auerbach’s Eshkol, the controversy really started when R. Shalom Albeck, in an open letter, later followed by his Kofer ha-Eshkol, accused Auerbach of forging the work. (Albeck himself, and his son Hanokh, later published the authentic Eshkol.) Yet it must be noted that Albeck was not the first to accuse Auerbach of this, as right after the work was published there appeared an anonymous article in He-Halutz[6] saying the same thing. There is a widespread assumption that this article was written by the outstanding scholar Raphael Kirchheim. Yet I don’t know how this assumption arose, as I can find no evidence to justify it. I believe that the author was Joshua Heschel Schorr, the publisher of the journal.

I must thank Rabbi Baruch Oberlander of Budapest[7] who called my attention to the fact that in another article in He-Halutz, eleven years later,[8] Schorr once again attacks Auerbach and his edition of the Eshkol. Among his choice words are the following:

וחטא למחבר הספר וחטא לקוראים ההוגים להתלמד, וחטא לאמת ולמי שחותמו אמת וחטא לנפשו, והוא עתיד ודאי ליתן את הדין ומי יודע אם יצא נקי בדין, כי אין מרחמין בדין
Oberlander also called my attention to the following, which is quite interesting. In my previous post I quoted R. Shlomo Yosef Zevin’s assessment that Albeck was correct in judging Auerbach’s Eshkol a forgery. Yet in the Talmudic Encyclopedia, edited by Zevin, Auerbach’s Eshkol is cited! I wouldn’t be surprised if most of the people working on the various entries, who are all great talmidei hakhamim, have never even heard of the dispute over the volume. Unlike the case of Besamim Rosh, the reliability of Auerbach’s Eshkol is almost never mentioned in traditional rabbinic literature, and the great poskim continue to cite it as a rishon. Yet Auerbach’s Eshkol is also cited numerous times in the volumes that appeared while Zevin was still alive. How can one explain this?

Auerbach’s Eshkol was shown to be a forgery in that it contained formulations taken from post-medieval works. In my last post I quoted R. Ratsaby’s comment in his letter to me that the work contains material from the Beit Yosef. Oberlander points out that R. Menahem M. Kasher, Torah Shelemah, 9:140, also raises this possibility.

באשכול הנדפס בכת”י ע”י ר”ש אלבעק דף 46, ליתא קטע זו וצ”ע אם אין זו הוספה ע”פ הב”י
It is in this area, of post-medieval material in the Eshkol, that Prof. S. Z. Havlin has made a fascinating discovery. I refer to his article in Yeshurun 13 (2003), which should satisfy even the final doubters that the work is indeed a forgery.

Havlin quotes a passage from R. Abraham ben ha-Rambam that is found in the Orhot Hayyim of R. Aharon of Lunel and also appears in Auerbach’s Eshkol. The question is obvious: How could the Eshkol, whose author, R. Abraham ben Isaac, died in 1159, quote anything from R. Abraham ben ha-Rambam. Of course, one could say that this is a later addition to the manuscript from someone who used the Orhot Hayyim. But as Havlin notes, this is no help either because where would this person have come across this text, as it is lacking from the standard edition of Orhot Hayyim and is today only found in one Jerusalem manuscript?

The answer is that the Beit Yosef cites this passage in the name of Orhot Hayyim (without noting that the Orhot Hayyim is quoting R. Abraham ben ha-Rambam). R. Joseph Karo had access to a manuscript of Orhot Hayyim which had this text, which, as mentioned, does not appear in the standard version of Orhot Hayyim. Auerbach saw this text in the Beit Yosef and simply incorporated it into his Eshkol, perhaps even assuming that this was another example of Orhot Hayyim quoting the authentic Eshkol, as he often does. Only now, when we have access to the Jerusalem manuscript of this work, do we see that Orhot Hayyim is actually quoting a teaching of R. Abraham ben ha-Rambam. This was information that Auerbach did not have, and explains how he could include it in his edition. R. Abraham ben Isaac was a great scholar (and father-in-law of the Ra’avad). Yet even he was not able to quote from works that would not appear until after his death.

Havlin concludes:

נמצא אפוא שיש בנוסח מהדורת הרב אויערבך הוספות שנבלעו בפנים בלא אות או סימן, שנעשו לא לפני שנת שי”א (1551), שבה הופיע לראשונה ספר בית יוסף
I was asked to explain a bit about the Eshkol, vol. 4, that Bernard Bergman published. First some background: In the introduction to volume 3 of his edition of the Eshkol, Auerbach wrote that the halakhot of the Eshkol found in his manuscript that remained to be published were Hilkhot Yom Tov, Rosh ha-Shanah, Yom Kippur, Orlah, Kilayim, Hallah, Hekdesh, Vows and Oaths, Tzedakah, and Rabbinic laws. In his Kofer ha-Eshkol, Albeck, who insisted that Auerbach had no Eshkol manuscript but created his edition using various other sources (including the authentic Eshkol), challenged Auerbach’s supporters to at least produce Auerbach’s transcribed copy of his manuscript. It was asserted by Auerbach’s defenders that the original manuscript had been lost, presumably put into geniza by Auerbach’s family after the latter’s death, since they didn’t realize its value. But, Albeck claimed, certainly Auerbach must made a copy of the manuscript (if it really existed).

Albeck’s request was never fulfilled, and it is obvious that all of Auerbach’s defenders, who were in close touch with his family, assumed that there was no such copy. Had anyone known of it, its existence would have been a central feature of the defense of Auerbach’s honesty.

In 1986 Bergman published volume 4 of Auerbach’s Eshkol, which contains some of the missing sections. This would appear to show that Albeck was not correct in his assumption, and accusation, that no such text existed. But its existence says nothing about the authenticity of Auerbach’s Eshkol. All it means is that Auerbach had written down certain sections, and added his commentary Nahal Eshkol which he had to do before publication. Even forgers have to present a written text to the printer!

With regard to Bergman’s volume, it is very curious that the reader is given no insight in the introduction as to where this manuscript came from (or even a picture of it). I can’t think of any other publication of a rishon where this information is not provided. I would not be surprised if some think that the new edition is itself a later forgery designed to protect Auerbach’s legacy. After all, how is it that Bergman came to this work when Auerbach’s family and defenders knew nothing about it? Despite these questions, I think that barring new evidence we should give Bergman the benefit of the doubt and assume that the manuscript did originate with Auerbach.

I realize that it was, and remains, hard for people to accept that a gadol be-Yisrael was capable of such an outrage, namely, forging the work of a rishon. I think we should simply assume that he had some sort of schizophrenic personality, and leave it at that. Even great Torah scholars sometimes do weird things.

It is of course understandable that people who knew Auerbach as a pious sage were not able to accept this. Professor Jacob Barth, who taught at both the Rabbinical Seminary of Berlin and the University of Berlin, and was one of the world’s leading Semitic scholars, is a perfect example of this phenomenon. Although he was R. Esriel Hildesheimer’s son-in-law and a leading figure in German Orthodoxy, he also had a critical mind and was not one to be led by convention. It was thus possible for him to argue that Isaiah 40-66 was a later addition, and to reject the talmudic dating of various post-biblical books. He even claimed that the Song of Songs was not originally intended as an allegory, a position that today would probably get him put into herem. Yet even this giant of critical scholarship could not approach the Eshkol problem objectively. Instead, he reflected on how forty years prior he had studied Talmud under Auerbach, and how much he was impressed by him, from both an intellectual and personal standpoint. As he put it, whoever had any contact with Auerbach knows that it is “absolutely impossible that he could have committed the smallest literary dishonesty.”[9] He concludes his essay by stating that the learning and character of Auerbach stand tall, despite the shameful attack of Albeck.

In my first post I noted that R. Hayyim Heller pointed out to the Rav that Auerbach’s Eshkol is a forgery. In this regard, it is interesting to mention something that appears in Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk. In recent years there has been great interest in “Brisk.” I am not referring to the Brisker method of Torah study which has been popular for a long time, but rather a great interest in the personal lives of the outstanding figures of Brisk.

As every bit of information is precious, and every book wants to offer new stories, it is important for the authors to look anywhere they can. Unfortunately, at least one such book has plagiarized from R. Herschel Schachter.[10] Another unfortunate element in these books is the lack of respect shown to figures who did not share the Brisker anti-Zionism. This is more understandable, as at times R. Chaim and R. Velvel themselves had negative views of the religious Zionist gedolim.[11] It would be censorship if their attitudes were not recorded properly, but most people reading this will still regard it as unfortunate that these great rabbis were not more tolerant. (The irony, of course, is that they are expected to be tolerant of those who supported what in their mind was bringing great devastation upon the Torah world.)

Speaking personally, I must say that some of the stories recorded in these books are so strange that I wonder if most people in this generation would be led to admire these figures more after hearing the stories, or if the result would be the opposite. For example, what is one to make of the following story, told in order to inspire awe of the Brisker Rav? Once he was served something which, while kosher, did not measure up to his standards. Upon learning of this, he immediately stuck his finger down his throat, causing himself to throw up on the host’s expensive rug. Rather than this upsetting the host, we are told that this further increased his admiration for the Brisker Rav.[12]

Can people today grasp what it means to be a pure ish halakhah of the sort the Rav describes in Halakhic Man, whose behavior can come across as very cold and unfeeling (e.g., R. Moshe Soloveichik’s rebuke of the Baal Tokea, and the story of R. Elya Pruzhener and his dying daughter)?[13] Another such example of this is the report that when one of R. Velvel’s sons died shortly after birth, and the family was crying, he was insistent that they stop their tears, since there is no avelut before thirty days.[14] Whether this type of pan-halakhism is inherently positive or negative I will leave to the judgment of others, but I think that in modern times it is clear that the average person who hears stories like this, even if he is a haredi, will not be spiritually inspired. I think that many times he will even be spiritually turned off, for obvious reasons.

I know that Rabbi Pinchas Teitz, who headed my high school, the Jewish Educational Center, didn’t like the similar sort of stories told about the Rogochover. He felt that people today would hear these stories and the only thing that would stay with them is that the Rogochover was eccentric. Since the point of stories of gedolim is to inspire respect and awe, telling stories that stress his eccentricity would therefore be counterproductive. For example, hearing about how the Rogochover threw a chair at R. Hayyim Ozer, or how he proclaimed that R. Yitzhak Elchanan didn’t know how to learn or that Tosafot is full of errors, are hardly the sort of tales that will inspire awe.

In fact there are many gedolim about whom R. Teitz’ point is applicable. I remember when a high school rebbe of mine got all excited telling the class about his trip to the Steipler, and how while he was there the Steipler chased another fellow out of the house. (Subsequently I learnt that this was not so uncommon). After the rebbe finished his story, no doubt thinking we would be impressed, one of the students blurted out something along the lines of “Do you think that was a nice thing to do?” Now I certainly am not going to judge the Steipler, and it is likely that the man was deserving of being thrown out, but the rebbe didn’t know the details and thought that it would be exciting to tell us high schoolers how the great Steipler lived up to his reputation as one who didn’t suffer fools. Yet the acculturated Modern Orthodox response was to wonder why he wasn’t a nicer person. In other words, Rabbi Teitz was correct about the need to be careful when it comes to telling the masses stories of gedolim.

To give another example, I recently read a hesped where R. Yitzhak Yosef recorded how the deceased talmid hakham, R. Moshe Levi, didn’t miss a moment of Torah study. He described how when R. Levi was at a communal meal he kept a book under the tablecloth, and every free second he could be seen be looking at it. The eulogizer saw that as something positive, whereas in my town, everyone would regard it as very rude. This point illustrates why I find haredi hagiography so fascinating, as it clearly reveals the culture gap between the haredi world and the Modern Orthodox world. Some of the stories that are told, and are part of haredi myth making, would be regarded with horror by the Modern Orthodox world.[15] How better to determine the ethos of a community than by seeing how it chooses to remember and praise its leaders? If anyone thinks that the Rav shared the Modern Orthodox ethos, just look at the stories he tells in Halakhic Man.

Sometimes truly horrible stuff is found in haredi “gedolim books” as well. Let me offer just one example. There is a very helpful book by Dov Ber Schwartz entitled Artzot ha-Hayyim (Brooklyn, 1992). This book contains short biographies of numerous American rabbis, a list of rabbinic books published in the United States, and an essay on Orthodoxy in America. Yet in the midst of the book, on page 52a in the note, one finds the shocking passage which you can see here, and which I am too embarrassed to translate. One can only hope that sentiments such as these are not very common among Schwartz’ fellow Satmar hasidim.

Another real problem with all of the haredi hagiography is that one never knows if the stories are trustworthy. That doesn’t mean that the stories have no value, for even if gadol x never did what is recorded, the fact that this story is told about him reveals the mindset of the generation telling the story. In other words, we can adapt the point Neusner has made about talmudic tales of tannaim really telling us about the amoraim; late twentieth and early twenty-first-century tales of gedolim really reveal what the current haredi ethos is (especially since anything that doesn’t agree with this ethos will be censored.)

While in many cases the stories told are strange and one wonders whether they are accurate, in some cases it can be determined with virtual, or even complete, certainty that they are false. Yehoshua Mondshine has authored a number of articles showing the falsehoods in (mostly) hasidic stories. Among the non-hasidic works he takes aim at is R. Barukh Epstein’s Mekor Barukh.[16] Mondshine’s prime concern is with the famous story recorded by Epstein about his father’s meeting with the Tzemah Tzedek, and Mondshine attempts to show that there is no reason to believe the report.

To this I would only add that, knowing Epstein’s reputation as a plagiarizer and how he manufactured stories, one should not take seriously any of his “recollections.” I know the feminists will be upset with this, but we must assume that the entire dialogue between him and Rayna Batya,[17] which shows her as a proto-feminist, is contrived and has no historical significance other than revealing that Epstein himself wanted to call attention to the sad fate of talented women who are not permitted to study Torah In the unlikely event that he does accurately portray Rayna Batya, all I can say is that the punishment of one who tells tall tales is that even when he tells a true story he is not believed. We must, however, remember that even when it comes to stories that are certainly false (and there are loads of them being invented all the time, and then repeated by the gullible), one should not be discouraged when reading them. Rather, one should keep in mind Saul Lieberman’s famous comment: “Nonsense is nonsense, but the history of nonsense is scholarship.”

What does all this have to do with Auerbach’s Eshkol? In Uvdot ve-Hanhagot le-Veit Brisk, 3:291, we are told in the name of someone who heard it directly from R. Velvel that when Auerbach’s Eshkol was published, “I [R. Velvel] immediately said that this is not the Eshkol.” R. Velvel is also quoted as saying that it was actually written by another rishon. Here is a perfect example of why these sorts of books are so unreliable. I am not saying that the person who reported this story is lying, only that he didn’t understand what R. Velvel said, or perhaps after forty years no longer remembered properly. I say this because R. Velvel never could have said what he is alleged to have said, as he wasn’t even alive when Auerbach’s Eshkol appeared in 1868. The only kernel of truth that can be gleaned from this text is that R. Velvel knew that Auerbach’s Eshkol was not the authentic Eshkol. Seeing how badly the informant messed up, I am not even willing to trust him that R. Velvel said that Auerbach’s Eshkol is the work of another rishon. Perhaps he only said that it contains information from rishonim, without committing himself to it being an authentic medieval work.

The great problem is what to do with pesakim that rely on Auerbach’s Eshkol. For example, the authentic Eshkol does not have hilkhot niddah, but Auerbach’s does. Unlike Saul Berlin, Auerbach was not simply making up pesakim and attributing them to rishonim. He was taking information in the Beit Yosef and other works and putting this in the mouth of the Eshkol. This is, of course, terrible, and in a halakhic sense it gives the authority of an aharon to a rishon. Yet when you have a pesak in one of the aharonim that relies on Auerbach’s Eshkol, I would think that it does not need to be thrown out because there is at least some important authority (e.g., Beit Yosef, Peri Hadash, etc.) who holds this position, even if it wasn’t the Eshkol.

That said, I can only sympathize with those who have written articles or halakhic works and treated Auerbach’s Eshkol as authentic. The forger has all sorts of motivations, but at the very least he is guilty of genevat zeman, i.e., the time that people take in examining that which they think is a rishon, and wouldn’t have done had they known the truth. Time is precious, and the forger causes it to be wasted on falsehoods. Just think how much time was spent on the forged Yerushalmi Kodashim and Besamim Rosh that could have been spent in authentic Torah study. From an issue currently in the scholarly news, imagine how many thousands of hours have been spent on Morton Smith’s Secret Gospel of Mark, by scholars arguing both sides of the issue. If it turns out that Smith is a forger, even after his death he is playing havoc with people and their scholarly direction.

One very unfortunate example of this is Chaim Bloch’s collection of forged anti-Zionist letters, Dovev Siftei Yeshenim (3 vols., 1959-1965). Hermann Greive wrote an entire article based on these letters,[18] and shortly after his article appeared Shmuel Weingarten published his Mikhtavim Mezuyafim Neged ha-Tziyonut (Jerusalem, 1981), showing beyond any doubt that the letters are forgeries.[19] All the time spent by Greive in writing his article was of course never to be recovered, stolen from him by the worst type of scoundrel the scholarly world can produce. Years ago I had wanted to discuss this matter with Greive, but was shocked to learn that he had met an untimely death, killed by a deranged student.[20]

Notes:

[1] Iggerot Moshe, Yoreh Deah III, no. 114.

[2] Encyclopaedia Judaica, vol. 11, col. 1314 (s.v. Zioni, Menahem).

[3] In a later responsum, vol. 16, Yoreh Deah no. 102, he offers a far-fetched explanation of Zioni and R. Yehudah he-Hasid, according to which David never removed anything from the Torah, only from Moses’ chumash, which contained material not found in the Torah.

[4] For example, what other posek has concluded that ethnic foods, e.g., Chinese, Italian, sushi, etc. are forbidden, and that Jews must only eat “Jewish food.” See Mishneh Halakhot, vol. 10, no. 111. It was pesakim like this that gave rise to the yeshiva quip that the title of his book should be pronounced Meshaneh Halakhot. In addition, Klein’s negative views towards baalei teshuvah and women are also very troubling (although with regard to women, a knowledge of some of his difficult personal history adds some necessary context in this regard.) His attitude towards non-Jews is also shocking, so much so that one wonders whether Elie Wiesel, great humanitarian that he is, would be such a supporter of his institutions if he knew what was being taught there (Wiesel and Klein were in Auschwitz and Buchenwald together). In a lecture at an Edah conference some years ago, a well known talmid hakham discussed if it proper for one to make use of poskim like R. Menasheh Klein for certain areas (e.g., hilkhot Shabbat), if one feels that their general worldview, in particular in areas of Jewish-Gentile relations, is diametrically opposed to one’s own values.

[5] Israel M. Ta-Shma, “Holy Men Do Not Defile – Law and Ideology,” Jewish Studies Internet Journal, 1 (2002): 45-53 [Hebrew], available here (PDF).

[6] Vol. 8 (1869): 165-167.

[7] Rabbi Oberlander is the world’s leading expert on the forged Yerushalmi Kodashim. He published numerous articles on the topic in Or Yisrael, which will be part of his forthcoming book. I should also note that he has played an important role in the rebuilding of Jewish life in
Hungary. See e.g., here.

[8] Vol. 11 (1880): 65-67.

[9] “Notwendige Abfertigung,” Jǔdische Presse (February 17, 1911): 65.

[10] Halikhot ha-Grah (Jerusalem, [1996]) takes a good deal of material, often word for word, from R. Hershel Schachter, Nefesh ha-Rav (Jerusalem: Reishit Press, 1994) without acknowledgment.

[11] I don’t know if it is a reliable report, but see R. Ephraim Greenblatt, Rivevot Efraim, 6:41, third introduction, that R. Velvel also expressed himself negatively with regard to the Rav. (R. Greenblatt himself always shows great respect for the Rav and all gedolei Yisrael, whatever their hashkafot; the passage I refer to was written by someone else. Years ago I expressed my surprise to R. Greenblatt that he included this in his work. Since it is part of an article about one of his teachers, he no doubt felt that it was inappropriate to make any changes.)

[12] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2004), 2:546-547. See also ibid., 1:484, for a story where R. Hayyim Ozer gave R. Velvel some sugar for his tea, and the latter thought it might contain kitniyot. Out of respect for R. Hayyim Ozer, which is a biblical commandment (kavod ha-Torah), R. Velvel used the sugar, but

תיכף עם צאתו את הבית בסיומו של הביקור, התאמץ וניסה בכל דרך לפלוט מפיו את שאריות הסוכר
[13] David Singer and Moshe Sokol advance the radical view that the Rav’s descriptions of his family members is actually designed to show his opposition to their hyper-intellectualism and pan-halakhism. They write

[T]here is something strange about Soloveitchik’s tales of the Litvaks. The behavior he describes is so radical, so extreme, as to make his presumed heroes seem grotesque. Who, for example, wishing to portray Litvak intellectualism in a positive light, would boast that his father and grandfather set aside all human sentiment and refused ever to enter a cemetery, because a stark encounter with death would have distracted them from the contemplation of the law. Or again, who would tell with pride the following macabre story about his maternal grandfather [referring to the story of R. Elya and his dying daughter] . . . Stories like this, while ostensibly presented in order to glorify the Litvak, cannot help but evoke strong disapproval in the reader. And this disapproval, it seems safe to assume, is shared in part by Soloveitchik himself, specifically by that part of him which rebels against the Litvak tradition’s spurning of the emotions. The vein of anger that runs through the anecdotal material in “Halakhic Man” is not to be missed.

David Singer and Moshe Sokol, “Joseph Soloveitchik: Lonely Man of Faith,” Modern Judaism 2:3 (October 1982): 259.

[14] Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk, 4:22-23. The eyewitness to this story was R. Simcha Sheps, late Rosh Yeshiva at Torah Vodaas.

[15] The same high school rebbe, mentioned above, also told us how at the Steipler’s wedding he had a sefer with him and was learning throughout the affair. Again, the reaction of the Modern Orthodox youths who heard this story was that the Steipler was definitely not someone to look to as a role model. What might inspire awe in Boro Park and Bnei Brak can often have the opposite effect when told to acculturated, fun-loving, American youngsters. This is the sort of story that will convince them that gedolim don’t value the normal pleasures of life, and why would any young person, brought up in America, want to be part of a religion that holds this up as an ideal?

[16] See here.

[17] See 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.

[18] Hermann Greive, “Zionism and Jewish Orthodoxy,” Leo Baeck Institute Year Book 25 (1980): 173-195.

[19] Even before Weingarten’s book, and earlier articles, there was strong reason to suspect Bloch of forgery. From the beginning of the twentieth century he published books and articles containing letters of great rabbis and Hasidic leaders. None of them can be assumed to be authentic. During his great dispute with R. Yosef Elijah Henkin in the 1940’s, the latter repeatedly accused Bloch of dishonesty and pointed out that he would often attribute quotes to rabbis who were no longer alive so that he couldn’t be contradicted.

[20] After learning of the forgeries, Greive also published “Zionism and Jewish Orthodoxy (II),” Leo Baeck Institute Year Book 28 (1983): 241-246, which is a disgraceful and feeble attempt at defending his original article. In truth, it is no more than a justification of the time and effort he put into the original article. The best course would have been to simply acknowledge how he had been hoodwinked. Why do I say that his article is “disgraceful”? Because it is a twisted example of post-modern mumbo-jumbo that would make the editors of Social Text proud (see here). Here are some choice quotations from Greive, which if they ever became the standard of the historian’s craft, would mean the end of knowledge as we know it. He is trying to show that even forgery of texts is not very different than what historians do all the time!

It is precisely because of this awareness that historians tend to be exceedingly sensitive to any departure from the accepted standards, to any instance of “interference” that does not stop at interpreting a text, but – in the case of written sources – presumes to interfere with the very words in order to demonstrate a newly proclaimed truth. It must be borne in mind, however, that what the offender does in such a case is no different in principle from what everybody is doing except that he goes a little too far. It is this proximity of the permissible to the impermissible that accounts for the intensity of the hostile reaction among scholars, which is as it ought to be for the sake of upholding the standards of serious scholarship, for it is that final step across the dividing line that is the decisive one.
The indignation among scholars will be the more vehement, the rejection the more absolute, the more clearly the newly demonstrated “truth” diverges from the established tenets, flies in the face of securely held scientific convictions. Yet, as will be explained later on, such reactions may be over-hasty. For one thing, interference with a text is not in principle different from inadmissible interpretation which does not alter the words but stretches their meaning; for another, the editing of a text touches on the problem of the extent to which a word uttered during a particular period truly reflects a (hypothetical) extra-verbal reality. Of course, such doubly problematical sources must be approached with caution: their usefulness depends on just what wants to demonstrate by their use.

Later on in the article Greive assumes that Bloch did not create the anti-Zionist letters from scratch, but rather altered authentic letters, and he argues that one can “extract” authentic information from them. He concludes: “Admittedly, there is a danger of drawing erroneous conclusions from a distorted text, but this only reinforces the need for a careful and balanced critical approach and is certainly no reason for altogether ignoring the material until some more reliable evidence pointing in the same direction becomes available.”

It is unfortunate that such a fine publication as the Leo Baeck Institute Year Book published this nonsense. Dovev Siftei Yeshenim is completely useless as a historical source.




A Short Note Regarding an Illustrated Title Page and A Possible Unicum

A Short Note Regarding an Illustrated Title Page and A Possible Unicum

 

There are a series of books, Seder ha-haʻarakhah ve-haHanhagah, that record the tax law and taxes paid by the Mantuan community and were published in Mantua. [1] The taxes were calculated by communally elected assessment formulators.  The taxes were used to support the entire communal infrastructure, including the administration of communal organizations and funds for the poor.  As today, each person would provide an accounting of their funds reducing their taxable income based upon recognized deductions and certain exempted property. The formulators were wholly responsible for the determination of the specific levied taxes and could reject suspect ax filings and impose fines.

The first edition was published in 1651 and each edition covers three years, of which the National Library has 17 editions. The British Library holds 12, seven that are not in the National Library’s collection. Vinograd lists 22 editions, six in neither library. [2] (A full bibliography appears below)

There is, however, at least one edition in the series that was not published in Mantua, the most logical location, but in Venice by Bragadin in 1711.  The likely reason for the change in venue is that from 1707-1712, there were no books printed in Mantua. [3] Nonetheless, these records were so important that the community went to Venice to publish the records.

 

Steinschneider, based upon Wolf’s bibliography, does identify this edition of the work. [4] But the book is not extant in the Bodleian Library.[5]  Nonetheless, no modern bibliography, e.g. Vinograd or Friedberg, records the Venice edition nor does the National Library or any other library I can identify (based on a search of WorldCat) own a copy of the book.  There is one copy, however, in the Gross Family Collection in Tel Aviv, and is possibly a unicum – the only extant copy.  Although as Judge Meyer Sulzberger, himself an avid book collector, noted that caution is necessary when identifying a unica, because “that the great weakness about a unicum is that presently one or two other people are found to have the book, and instead of contently agreeing that each of them has a unicum, each feels the value of his possession has been materially impaired.”  To this we can add that without concrete evidence of the book’s singularity, there may be private collections or public ones whose holdings are insufficiently cataloged to make a confident identification regarding the rarity of any book.  Indeed, Sulzberger provides many examples of books thought to unica, only to be identified as “merely” rare.[6]

I should also note that the Venice copy has a nice title page with Moses and Aaron. (For a discussion of depictions of Moses and Aaron on Hebrew title pages see our earlier post here.)   A very similar title page appears on a later book printed in Mantua, 1720, Mishlei ve-Eiov, although in this instance it is David and Solomon who flank the title.

Additionally, the depiction of the Moses, Aaron, Solomon and David are similar to the ones that appear – Rambam, Rashi, R Yosef Karo, Rama, and the author – on the Gur Areyeh, a commentary on Shulkhan Orakh, Mantua, 1722.

There are two editions of this book printed within a year of one another.  The second printing lacks the images entirely and the first they only appear in Orakh Hayyim, and, although not noted in bibliographies or articles regarding the book, in at least one example the title pictorial title pages also appears in Yoreh Deah.

The remaining three (or two) volumes do not contain the images.  This led some to speculate that the images were deliberately removed, and that page was ripped out at the behest of the Mantua rabbinate and a variety of theories are offered, ranging from concern over reproducing human image to the inclusion of the author among such a distinguished group was egotistical, that the Rambam lack ed peyot, or that the portraits are just not flattering. [7]

 

But, both the claim of censorship and the rationale are unsupported.  Most extant copies include that page and there are many earlier examples of books containing human images including of biblical figures, many without peyot, or not dressed in flattering clothing.  There is no independent evidence to suggest anything other than a benign reason, perhaps the woodcuts wore out.  This aligns with the fact that the printer was known for crude lettering so much so that it nearly lost its ability to print at all and only survived because another party stepped in. Thus it is unlikely the lack of the portraits in the later volumes is an instance of censorship.[8]

 

* The identification of the Gross edition as a unicum is only preliminary and still a work in progress.  The author encourages anyone with additional information regarding this edition to comment or send an email to seforimblog@gmail.com

[1] See Shlomo Simonshon, Tolodot ha-Yehudim be-Duhosot Mantua, vol. 1 (Jerusalem, 1963), 274-86; see also Marvin J. Heller, The Seventeenth Century Hebrew Book: An Abridged Thesaurus, vol. 2 (Leiden: Brill, 2011), 957.

[2] For the NLI listing see here;   Diana Rowland Smith, Second Supplementary Catalog of Hebrew Books in the British Library 1893-1960, vol. 2 (London:  British Library, 1994), 599; Joseph Zedner, Catloglouge of the Hebrew Books in the Library of the British Museum (London, 1867), 510 recording Mantua 1759; Yeshayahu Vinograd, Otsar ha-Sefer ha-Ivri (Jerusalem:  Machon Lebibliograhia Memuhshevet, 1994).

[3] See Ch. B. Freidberg, Tolodot ha-Defus ha-Ivri be-Italia:  Be-Midenot Italiah, Aspnyah-Portugal, ve-Turgemah she-Melfenim (Tel Aviv:  Bar-Yeda, 1956), 20.  Friedberg does not explain the cause of the stoppage.

[4] Moritz Steinschneider, Catalogus Librorum Hebraeorum in Bibliotheca Bodleiana (Berollini:  Ad. Friedlander, 1852-1860) columns 625-66; Johann Christoph Wolf, Bibliothecae Hebraeae, vol. 3 (Hamburg:  Christoph Felgineri Viduam, 1827), 1207-08 (Steinschneider’s citation to Wolf should be corrected to read vol. 3 and not vol. 2).

[5] See A.E. Cowley, A Concise Catalogue of the Hebrew Printed Books in the Bodleian Library (Oxford:  Clarendon Press, 1929), 410 (listing only Mantua).

[6] Meyer Sulzberger, “Books and Bookmen,” Menorah XXXVI (Jan. 1904), 38-40. For other Hebrew unica see Marvin J. Heller, “Unicum, Fragments, and Other Hebrew Book Rarities,” Judaica Librarianship 18 (2014), 130-53.

[7] See Shmuel Weiner, Daat Kedoshim:  Pesak Herem:  Mazkeret Rabanei Italiah (Petroberg: Berman Press, 1897), 38**; Aviad Cohen, “Diuknot Hakhamim:  Bein Halkha le-Maashe,” Mahnayim 10 (1995). See Mifal ha-Bibliographia ha-Ivrei entry Gur Areyeh .

One scholar viewed the selection of personages to grace the title page as an indication of their imporatance.  Specifically the inclusion of the Mahril was used to demonstrate his unique contribution to the formation of the Shulchan Orakh.  See Yisrael Peles, Mevo ve-Hosafot le-Sefer Mahril (Jerusalem:  Machon Yerushalim, 2016), 258. (Thanks to Eliezer Brodt for providing this source).

[8] Friedberg, Tolodot ha-Defus ha-Ivri, 20-21. For another example of spurious reasons for a change to the title page, see Dan Rabinowitz, “Sheti ha-Girsot shel Shu”t ha-Bakh, Mahadurot Frankfort TN”Z:  Totsot shel Shikul Tsniut, Sha’arim be Shut ha-Bach,” Alei Sefer  21(2010), 99-112.

 

Bibliography of Seder ha-Ha’arakhah

 

Mantua, 1651(BL)

Mantua, 1656 (NLI)

Mantua, 1670 (V)

Mantua, 1675 (BL)

Mantua, 1679 (NLI)

Mantua, 1682 (V)

Mantua, 1685 (V)

Venice, 1711 (Gross)

Venice, 1714 (Wolf)

Venice, 1717 (Wolf)

Mantua, 1722 (BL)

Mantua, 1722 (BL) (& a variant)

Mantua, 1726 (NLI)

Mantua, 1729 (V)

Mantua, 1732 (NLI)

Mantua, 1735 (NLI)

Mantua 1737 (BL)

Mantua, 1739 (NLI)

Mantua, 1743 (BL)

Mantua, 1747 (NLI)

Mantua, 1750 (NLI)

Mantua, 1753 (NLI)

Mantua, 1756 (NLI)

Mantua, 1759 (NLI)

Mantua, 1773 (BL)

Mantua, 1777 (NLI)

Mantua, 1780 (NLI)
Mantua, 1783 (V)

Mantua, 1786 (NLI)

Mantua, 1789 (NLI)

Mantua, 1793 (V)

Mantua, 1795 (NLI)

Mantua, 1798 (NLI)

 

 




The Netziv, Reading Newspapers on Shabbos, in general & Censorship (part one)*

 The Netziv, Reading Newspapers on Shabbos, in general & Censorship (part one)*
By: Eliezer Brodt
Previously, I have touched on the topic of the Netziv reading newspapers on weekdays and on Shabbos [here and here]. In this post I would like to revisit the subject, and also deal with some cases of censorship in the Netziv’s seforim.[1] I would like to stress at the outset that this is a work in progress[2] and not intended L’Halacha; each person should consult his own Rav.

In 1928, R’ Baruch Halevei Epstein described in his Mekor Baruch how on Shabbos his uncle, the Netziv, would read the Hebrew newspaper:

ואחר שקידש דודי על היין וטעמו מיני מאפה קלה, ואחר שקרא מעט בעתונים שנתקבלו מחדש… [מקור ברוך, חלק ד, עמ’ 1790].Further he adds:
וזוכר אני, כי “המגיד” הי’ דרכו להתקבל בכל ערב שבת לפנות ערב, ובלילה לא קרא אותו, מפני שליל שבת הי’ קודש לו לחזור בעל פה על המשניות ממסכתות שבת ועירובין… וקרא בו (בהמגיד) במשך היום.
וכאשר נקרה, שנתאחר “המגיד” לבא בזמנו בערב שבת, הי’ אומר, כי באותה השבת חש הוא כאלו חסר לו דבר מה, כמו שמרגיש “בשבת חזון”. זה הרגיל ללכת למרחץ בכל ערב שבת, ובערב שבת חזון נמנעים מזה; וכן הי’ אומר כי העתונים יחשבו לו כמביאי אליו ברכת שלום מכל העולם ועל כן יוקירם וייחל להם [מקור ברוך שם, עמ’ 1794].
 In 1988, Artscroll published part of this book in English called ‘My Uncle the Netziv‘. Lakewood Cheder distributed it as a fundraiser. A few months later, the Cheder sent out a letter apologizing for having sent the book and recommended not reading it. The Cheder explained that there were statements in the book which did not represent the Hashkofos of the Netziv. Jacob J. Schacter, in his frequently quoted article “Haskalah, Secular Studies and the Close of the Yeshiva in Volozhin in 1892,[3] speculates as to which aspects of the book this letter was referring; was it the author’s description of the Netziv reading of newspapers on Shabbos?
There have been many articles written in the past about the Mekor Baruch, alleging plagiarism and the errors he made in his historical narrative.[4] Some have shown that quotes in his father’s name about Chabad are unreliable. In the present article, I do not wish to add to that. It seems unlikely that that Rabbi Epstein would publish fabrications regarding his uncle’s practices that were common knowledge.[5] His work received a glowing haskamah from Rav Kook; had R. Epstein penned outright lies about the Netziv, Rav Kook’s rebbe, it is   doubtful that he would have given such an approbation.
This assumption aside, we may adduce more concrete evidence as to the veracity of R. Epstein’s report. In 1888, when Rav Kook he was 23 years old, he published the first issue of a periodical entitled ‘Ittur Sofrim’.[6] This sefer had many impressive Haskomot from Gedolei Yisroel, among them the Netziv. The volume included a Teshuvah from the Netziv, where he writes:
במכה”ע… ולי נראה דודאי לעיין מותר בפשיטות
 Here is a copy of the actual Teshuvah of the Netziv:


 Later on in the same year (1888) Rav Zev Turbavitz in a letter to the Aderet, writes:[7]
כאשר הגיע לידי סי’ עיטור סופרים חלק ראשון נבהלתי מראות הלכה הראשונה בראשית הפעלים לתורה מהרב הנצי”ב מוואלאזין שחולק על הש”ע שאוסר גם העיון בשטרי הדיוטות בשבת… והארכתי בזה ובודאי נחוץ הוא להדפיסה כי בודאי רבים יפלו על המציאה הגדולה הזאת, ויתלה עצמן באילן גדול ויתפארו בעצמן שכתורה יעשו…
 He also wrote a letter to Rav Kook, where he says:
עיטור סופרים… והנה בפתחי אותו ראיתי ראשית אומרים בד”ת פסק הג’ הנצי”ב מוואלאזין, ונשתוממתי מאד ושלח דברים ע”פ חוצות לחלוק על הש”ע וכן הראשונים והאחרונים בדברים של מה בכך, ובפרט להקל באיסורי שבת… והאמת אגיד לכת”ר כי אם לא היה שמו של הנצי”ב חתום על דבריו לא הייתי מאמין שיצאו דברים אלו מפי בן תורה ומה גם מפי גדול. ונפלאתי על כבודו שנתן להם מקום עוד בראש דבריו…”.
R’ Chaim Berlin writes this about his father’s Heter in 1893:[8]
ועל דבר לעיין בשבת בהרהורא בעלמא בלי קריאה בפה באגרות רשות ובמכתבי העתים לא הי’ כלל דעת מר אבא הגאון שליט”א, לקבוע מסמרים בהלכה זו ככל דבריו שבעטור סופרים, ולא בא אלא ליישב מנהג העולם שקוראים במכתבי העתים בשבת שסומכים בזה על משמעות תלמודא דידן עפ”י דעתם, שמפרשים דתלמודא דידן פליג בזה על תלמוד ירושלמי, אבל להלכה גם הוא יודה דקיי”ל כהירושלמי, וכה”ג מצינו בהרבה מקומות שכתבו הפוסקים ליישב מנהג העולם, שסומכים על דעה יחידית אף שלא כהלכה.

Without going into his reasoning, it seems clear that the Netziv, permitted reading newspapers on Shabbos.
In 1894, The Shut Bikurei Shlomo was printed (with a Haskamah of the Netziv). The first Teshuvah is a letter the author wrote to the Netziv in 1890, commenting on his Heter to read newspapers on Shabbos, which was printed in ‘Ittur Sofrim’. The second Teshuvah is the Netziv’s response clarifying his heter. He did not back down from it.[9] Even more interesting is that the letter of  Rabbi Chaim Berlin, previously mentioned, is also to the author of the Shut Bikurei Shlomo.

Worth pointing out is, in the Netziv’s Meromei Sadeh to Shabbos [116 b, p. 94] he writes exactly as he does in Ittur Sofrim, he just does not add in the words ‘newspapers’. This clearly shows that he understood that this was the correct way to learn the Sugyah.



R. Meir Bar-Ilan also writes that his father, the Netziv permitted reading newspapers on Shabbos (Me-Volozhin LeYerushalayim 1:138). Apparently he did not agree with his brother, R’ Chaim Berlin.

The Shut Meishiv Davar

R. Meir Bar-Ilan writes about his father’s Teshuvot:

ולא עלה על דעתו לפרסם חידושיו הרבים על הש”ס ותשובותיו שהגיעו לאלפים. רק בסוף ימיו, כאשר הפצירו בו מאות ואלפי תלמידיו שיפרסם את תשובותיו, הסכים בקושי גדול להדפיסן בשם ‘משיב דבר’, ומפני שלא היה בידו העתקות מתשובותיו, כשם שלא נשארו העתקות משאר מכתביו, מוכרחים היו לקבצם משואלים שונים ולאספם ממקומות רבים. מתוך כך התשובות שנדפסו במשיב דבר אינן אלא חלק קטן מאוד ממה שהשיב… [מוולוזין עד ירושלים, א, עמ’ 138][10].

It is interesting to note that these two Teshuvot [from Ittur Sofrim and Bikurei Shlomo] about reading newspapers were not printed in this 1894 collection.

In 1993, a new edition of the Shut Meishiv Davar was printed with a fifth section, which includes a collection of 109 Teshuvot and articles by Netziv from various places, including manuscripts. Noticeably absent are both of the Netziv’s Teshuvot regarding reading Newspapers, from the Ittur Sofrim and Bikurei Shlomo.

In 2004, Eyal Mishulash was printed on the subject of reading Shtarei Hedyotot on Shabbos. At the end of the work [p. 240], he quotes a response from Shut Bikurei Shlomo and dismisses the opinion, based upon a Mordechai. The author does not bother telling you exactly who he is dismissing, namely the Netziv, which I believe is a problematic way to present facts; at the very least, mention that the author of the Heter is the Netziv. I feel certain that if the Netziv had forbidden it, his Teshuvah would have been printed prominently in the book.

It is worth noting that none of the various compilations dealing with this topic mention the Netziv’s Teshuvot. Even Rabbi Ovadiah Yosef, who discusses reading newspapers on Shabbos in Chazon Ovadiah, 6:70-73 [one of the last things he wrote], does not quote these Teshuvot.

Reading newspapers during the week[11]

Rabbi Epstein writes:

כל מערכות העתונים העברים כמעט, מאלה אשר במדינה ואשר בחו”ל היו שולחים עליו את העתוניהם השבועיים והירחונים… חנם אין כסף, והיו מעתירים אליו כי יחוננם בספורתו מן איזה מין שהוא… והיו עתים ומקרים שנענה להם; ולקריאה תמידית וסדורית היו לו העתנוים “המגיד” ו”הלבנון”… [מקור ברוך, ד, עמ’ 1794].

R Meir Bar-Ilan also writes the same (Me-Volozhin LeYerushalayim 1:138[12]):

כשהתחילו הצפירה והמליץ לצאת בכל יום והדואר בוולוז’ין היה מתקבל פעמיים בשבוע, וכל פעם באה חבילה שלימה של עתונים, היה אבא ז”ל מקפיד על כך, שאיש לא יקח ממנו גליון עתון, קודם שעבר על הכל.

He repeats this in his work Raban Shel Yisroel (p. 112).

Micha Yosef Berdyczewski writes in an article first published in 1886:

נצי”ב… אוהב תורה וחכמה, ומכתבי העתים שלא יקצצו בנטיעות ימצאו מהלכים בביתו… [מיכה יוסף ברדיצ’בסקי, כתבים, א, עמ’ 72]
 Another student of Volozhin writes in his memoirs about the Netziv:

 היה חותם על כל מכתב עת עברי וקרא בהם כמו ה’מליץ’, ה’צפירה’, ‘היום’, ‘המגיד’ ‘הלבנון’ ועוד [פרקי זכרונות, עמ’ 127].
In his memoirs about the Netziv, yet another student of Volozhin writes:

הגר”הל [הגאון ר’ הירש ליב] כידוע לא היה קנאי, היה גם מקוראי המליץ ואף ליודעי חן היה ביתו פתוח לקרות אותו.[13]

Similarly, Rabbi Moshe Shmuel Shapiro writes:

הנצי”ב עצמו היה מקבל בכל יום את הצפירה והמליץ [ר’ משה שמואל ודורו, עמ’ 62].
Censorship in the Meishiv Davar

Shaul Stampfer writes in his excellent book ‘Lithuanian Yeshivas of the Nineteenth Century‘ (p. 163) “Both R. Berlin and R. Hayim Soloveitchik read newspapers”. 

In a footnote he records the following:

“Rabbi Boruch Oberlander pointed out that, in the latest edition of R. Berlin’s Responsa Meshiv Davar there is a curious omission. The original reads ‘as published in Hamelits, 137 in 5687′ but in the new edition reads simply ‘as published in 5687’ (… Meshiv Davar ii. [p.]71 (responsum 8). Despite the omission in the current edition, it is clear that R. Berlin read newspapers.”[14]

My good friend Mr. Israel, upon reading this passage, consulted a copy of the first edition of Meishiv Davar, printed in 1894, and confirmed what Rabbi Oberlander said is indeed correct, the words ‘Hameilits etc.’ appear. However, when he checked another copy of  Meishiv Davar, also printed in 1894, he saw that the words ‘Hameilits etc.’ had been removed! Thus proving that this censorship took place already in 1894!

It appears that the Meishiv Davar was printed twice in 1894 and already there are differences between the two editions.

 The Mifal Bibliography Haivrit notes:

קיימות הדפסות סטיריאוטיפיות אחדות של ספר זה, ובכולן התאריך תרנ”ד. יש השמטות אחדות שונות בין הדפסה להדפסה.

 However, they do not write what the differences are, exactly. It seems we have uncovered one of them.[15]

 

Shmuel Glick, in his first volume of Kuntres Hateshuvot Hachadoshot, s.v. Meishiv Davar [p. 686 # 2498], does not make any mention of there being two versions of the 1894 editionHowever, in volume three [p. 1505], Glick notes that there are different editions of Meishiv Davar and while he does mention one difference between the two editions, he does not note this particular discrepancy. [See the end of the post.]

The story does not end here. When Mr. Israel turned the page to the very next siman in the Meishiv Davar, he again noticed the same occurrence. In one edition of the 1894 Meishiv Davar [p. 73, responsum 9] it says ‘Hameliits etc.’ and in the other edition, also printed in 1894, the word ‘Hameilits‘ had been removed!


Even more interesting is that these two Teshuvot originally appeared as articles in the Hameilits newspaper!!

Additionally worth pointing out, is another mention of Hameilits newspaper in the same siman [no. 9], which was not edited out from either 1894 edition:

אבל אם בעל נפש הוא עליו לבקש תחלה מחילה ברבים באותו מקום הוא המליץ…

[Presumably, those responsible for censoring the edition mistook the word to mean ‘advocated’, not the title of the newspaper]

Images five
In 1968, the Meishiv Davar was reprinted based on the 1894 edition that included the words ‘Hameilits etc.’.

 In 2003, a volume called Igrot HaNetziv Me-Volozhin was printed in Bnei Brak, including some letters on this same controversy [pp. 168- 174] [without saying where they are from[16]] with the words ‘Hameilits etc.’

Netziv and his Emek Ha-Netziv

Surprisingly, the story does not end here.

In an article written in 1887 by Rav Kook about the Netziv[17], he writes:
ובהיותו בן עשרים ושלש שנים כבר ראה לבו הרבה חכמה ודעת בכל מקצועות תורה שבעל פה ואז החל לכתוב ספרו הגדול על הספרי חמדה גנוזה עמו עד היום… הננו מעוררים בזה את כבוד הגאון שליט”א לזכות את הרבים מתופשי התורה בהוצאת הספר היקר הזה לאור עולם ולהאיר עיני רבים ממבקשי הדעת [כנסת ישראל, בעריכת ש’ ראבינוויץ, ווארשא תרמ”ח, עמ’ 140(=מאמרי הראי”ה, עמ’ 124)].

However, the Netziv’s Pirush on Sifrei,[18] entitled Emek Ha-Netziv was first printed from manuscript only in 1959-1969. In the first volume the Netziv quotes the “Zofeh Le-hamagid Year ten, issue 28″. Gil Perl already notes that this is the edition of the Ha -Maggid printed on July 17, 1867.[19] Although Perl noted other cases of censorship in the Emek Ha-Netziv, this source was not censored.[20] We see here clearly that the Netziv read newspapers and even referenced them in his work.

Netziv and his Ha’amek Davar                   
          
In 1879, the Netziv printed his classic work on chumash, Ha’amek Davar,[21] based on the Shiurim he gave after Davening.[22] In his Pirush to Parshat Bereishis (2:9), he quotes a manuscript of R’ Maimon (father of the Rambam) which he had seen printed in Ha-Levonon.

In 1937, Rabbi Meir Bar-Ilan printed a collection of almost one thousand and five hundred addenda by the Netziv to his Ha’amek Davar[23] [available here]. On page seven, Netziv quotes the newspaper Ha-tzefirah. Furthermore, Gil Perl points to some additional passages in Ha’amek Davar that seem to be based on material from the newspapers of the time.[24] From all the above, we see him reading newspapers.[25]


Censorship and the Ha’amek Davar

In 1999, a new edition of the Ha’amek Davar was printed incorporating many more corrections.[26] They inserted the numerous addenda published by Rabbi Meir Bar-Ilan into their proper places in the chumash. However two pieces were censored out – both of the aforementioned quotes by the Netziv,[27] citing these newspapers!

In 2005, Rabbi Mordechai Cooperman reprinted the Ha’amek Davar; with annotations, his edition does contain both newspaper references.


More on the Netziv and newspapers

In 2003, a volume called Igrot HaNetziv Me-Volozhin was printed in Bnei Brak this volume is full of references and articles by the Netziv from different newspapers of the time.[28]

In Meishiv Davar 1:44 there is a piece titled: “Al Yamin vsmal’.[29] This siman was actually first printed in the newspaper Machzike Hadat[30] and as can be seen from the introductory paragraphs, it was a response to an earlier article that the Netziv had read in that newspaper.

Appendix: Some other Gedolim who read Newspapers

Yitzchak Wetzlar writes in the introduction to his Libes Briv (written in the early 1700’s) about his work: “think of it as a Newspaper. Nowadays the finest and most important people, scholars and Rabbis read them or have them read to them”.[31]
For other Poskim who were known to have read newspapers, see: Rabbi Yakov Emden[32]; Rabbi Yosef Zechariah Stern [as anyone familiar with his writings knows][33]; Yakov Mark, BeMechitzosom Shel Gedolei Hador, p. 34; Roni Beer Marx, ibid, pp. 40-41 [about the Malbim and others]; Rabbi Yitzchak Nissenbaum, Alei Cheldi,[34]; Jacob Katz, With My Own Eyes, pp. 30-31;  Pinchas Sirkis, Ish HaEmunah, 1979, p. 82, 86; Jacob J. Schacter, ‘Facing the Truths of History’, Torah U’maddah Journal, 8 (1998), p. 225, 263-264 [about Rav Moshe Feinstein Zatzal]; Benny Brown, Hachazon Ish, 2011, p. 21 [about the Chazon Ish; who even quotes Ha-Tzefirah in his work on Orach Chaim 141:9].

A student of the forgotten gaon,[34b] Rabbi Moshe Nechemia Kahanov (1817-1887) [Rosh Yeshiva of Eitz Chaim[34c]] writes:

 ר’ משה נחמיה כהנא או ה’רבה’ מחסלביץ, ראש הישיבה, ידע את נטיתי להשכלה וקרבני על כך, שכן אף הוא היה נוטה בצנעה להשכלה ולמשכילים. בימים ההם אסרו על ה’חבצלת’ לבוא בקהל והרב מחסלביץ היה מקבל אותה מדי שבת בשבת מידי אני. בכל שבת אחר הצהרים הייתי סר אל הישיבה כש’החבצלת’ טמונה בחיקי, מוסר אותה לידיו והוא פורש לחדר קטן הנשען אל הישיבה וקורא בה. כפעם בפעם היה מוסר על ידי שלום לרי”ד פרומקין ומביע לו את ידידותו והוקרתו על השקפתיו של העורך. אוסר אני בכבלים היה מצדיק את הדין על עצמו חולני אני ואין בכחי לעמוד בפני התקיפים ממני [אפרים כהן רייס, מזכרונות איש ירושלים, עמ’ 54].

Worth pointing out is Binyomin Goldberg’s claim that even Rabbi Chaim Soloveitchik secretly read the Hameilits.[35]
Rabbi Moshe Bernstein,[36] Son in law of Rabbi Baruch Ber Leibowitz records the following story about Reb Baruch Ber:
משביקר הגאון ר’ משה סולוביציק, שהיה אז ראש ישיבת תחכמוני בוילנה, כיבדו בהגדת שיעור בישיבה, תלמידי הישיבה שהיו ברובם קנאים התנגדו לזה בכל תקף ובאו לומר לרבם כי הם ילכו מהשיעור הזה, הוא אמר להם כדברים האלה, ת”ל חוננתי בכח מיוחד שלא להאמין בדבר שאינו רוצה, לדידי אין הדבר אמת כלל, ידיד נפשו הגאון ר’ משה אינו כלל בישיבת המזרחי תחכמוני[37], אינו קורא עתונים ואינו מאמין להם, וככה אני יועץ גם לכם, התלמידים שמעו לקולו והקשיבו אל השיעור בנחת ובשלוה [הגיונות, עמ’ עב].
Another Great Gaon who read newspapers was Rabbi Eliyahu Klatzkin. According to his son Yakov, he subscribed to and read several papers in different languages.[38] In an incredible Teshuva of his regarding Tzar Balei Chaim Rabbi Klatzkin quotes numerous medical works in different languages and even newspapers, including The London Times and others papers in Russian and Yiddish.[39]

While Rabbi Moshe Zeirah, Yeshurun 15 (2005), pp. 753-776, refers to the Teshuva on Tzar Balei Chaim and Rabbi Eliyahu Klatzkin’s expert knowledge of science, he does not mention this point.[40]

Another person who read newspapers was Rabbi Shneur Zalman Me’Lublin,[41] author of the Shut Toras Chessed:

רבי ישראל דוד פרומקין שהיה ממעריצי הרב שלח להרב בכל יום ששי העתון חבצלת שהוציא לאור. לקח הרב סכין וחתך למעלה, שיהא נוח לקרות, הביט שניה אחת על העמוד הראשון וכן על השני וכן להלן רק איזה שניות, אחר כך לקח את העתון ופרש על המפה שעל השלחן, ועליו היתה הרבנית מעמדת המנרות של שבת שלא יטפטף מן החלב על המפה. חשבתי שאינו קורא כל הכותב בעתון, המכיל 8 עמודים שלמים, רק מעט בצד זה ומעט מצד שני, וכן הלאה. פעם בין מנחה למעריב, כאשר שכב על מטתו ושמע חדשות (כשאר הבאתי לעיל), ספר אחד חדשות מענינות, אמר הרב זה מדפוס בעתון חבצלת של שבוע זה, ואמר לי להביא את העתון שהיה מונח על האיצטבא. מסרתי לו, ותוך כדי דיבר פתח העתון והראה בעמוד פלוני שורה פלונית כתוב זאת. נשתוממתי שבמהירות כל כך קורא את כל העתון ובשניה אחת הראה איפה מודפס [שלשה עולמות, ב, עמ’ קמז-קמח].
Another person who read newspapers was Rabbi Elchanon Wasserman. The following passage appears on Rabbi Aron Sorasky’s book Or Elchonon [1: 27-28 and the second passage appears in the same book pp. 282-283]. In the English version adaption of this book printed by Artscroll called Reb Elchonon both passage appear uncensored [pp. 28-29, 216] [Thanks to my friend Eli Markin for this source]. 


Another additional point in all this is there were great Gedolim who wrote articles in some of these newspapers[41b] such as Rabbi Alexander Moshe Lapidus,[42] Rabbi Tzvi Hirsch Kalisher,[43] Rabbi Eliyahu Gutmacher,[44] Rabbi Shmuel Moholiver, [45]Rabbi Mordechai Eliasberg[46] and Rabbi Yechiel Yakov Weinberg.[47]
Just to conclude with one last story related to reading newspaper:

*Special thanks goes to my good friend Yisroel Israel for all his time and help in preparing this article. I would also like to thank my friend Rabbi Yosaif M. Dubovick for editing this article. 
[1] For general sources on censorship in Shut [Responsa] Literature see S. Glick, Kuntres Hateshuvot Hachadoshot, vol. 1,  introduction, pp. 58-67; ibid, E-Shnev leSafrut HaTeshuvot, pp. 259-290.
[2]  In the future, I hope to return to exploring other Heterim for reading newspapers on Shabbos. For now see: Herman Pollack, Jewish Folkways in Germanic lands (1648-1806), Cambridge 1971, pp. 168-169, 235, Daniel Sperber, Darka Shel Halacha, pp. 238-241. I also hope to return to the Netziv and his writings in a special series of articles devoted to him. It must be noted that “newspapers” in this context do not only refer to newspapers like the New York Times. The periodical literature read by the Netziv was not the Times and was not Hamodia. These were in many cases ideologically maskilic papers, and while they contained typical Torah articles, they *also* contained editorials and “academic Jewish” type stuff, and this is what the Netziv read and these are what he is talking about, quoting, etc.
[3] Torah u-Madda Journal 2 (1990), pp. 76-133
[4] See Rabbi Kirshbaum, HY”d, Zion Le-Menachem, New York 1965, pp. 251-265.
[5]  Many years ago I discussed the work Mekor Baruch with my Rosh Yeshiva, Rabbi Zelig Epstein Zatzal. He told me he that he had no problem believing this story by Rabbi Epstein or others that people had issues with. He mentioned that when he was learning in the Mir in Europe, he chipped in together with a few friends to purchase a set of Mekor Baruch. When I asked him specifically about this passage of the Netziv reading newspapers on Shabbos, he reiterated that he had no problem accepting its truth. He then told me that he once spent a Shabbos at Rav Dovid Tevil Dynovsky’s home whose daughter would read to him from a Yiddish newspaper. See Rabbi Nosson Kamenetsky, Making of a Godol, 2, p. 1178 who quotes the same anecdote regarding Rav Dynovsky, citing Rabbi Zelig Epstein.

Rav Dynovsky’s anonymously published sefer, Maamar Likrat Tzamei,[which is an attack on Zionism, Hertzl and the Mizrachi movement], is full of quotes from the various Hebrew and Yiddish newspapers of the time [see for example pp. 5, 6, 20, 26, 29, 30, 31, 35, 37, 40, 45, 46 49, 50]. 

Saul Leiberman considered Rav Dynovsky his main Rebbe [Making of a Godol, 2, p. 1189, based on an interview with Shraga Abramson]. Shraga Abramson who also learnt by Rav Dynovsky writes about Leiberman and Rav Dynovsky the following:

לא רחוק מעיירת מולדתו, מוטלה, היתה ישיבה קטנה שידועה היתה בשעתה, לפני מלחמת העולם הראשונה, זו ישיבת מאלטש, בראשה עמד אדם מיוחד: רב העיירה וראש הישיבה ר’ דוד טעבל דיינובסקי, הי”ד, מבעלי ההגיון שבלימוד התלמוד ומבעלי המוסר מן יסד ר’ ישראל סאלאנטר. היסוד שהונח לו לליברמן בישיבה זאת היינו, לימוד התורה ולימוד המוסר נשאר אצלו חזק בכל ימי חייו. וליברמן ידע את ההשפעה שהושפע בישיבה זאת, וזכר לה חסד נעוריו כל ימיו [לזכרו של שואל ליברמן, האקדמיה הלאומית הישראלית למדעים, ירושלים תשמ”ד, עמ’ 24-25].

For more information on this unknown Gaon see Rabbi Nosson Kamenetsky, Making of a Godol, 2, pp. 1174-1181.

Of course, it bears mentioning (as already noted On the Main Line [here]), Chief Rabbi Herzog’s words, The Jewish Chronicle, February 25, 1927: “On Sabbath morning, while turning the pages of my copy of the Jewish Chronicle, my eye caught under the caption Obituary notices the name of Rabbi Meir Simcha of Dvinsk…”.

See also Rabbi Yechiel Yaakov Weinberg, Kisvei Hagaon Rabbi Yechiel Yaakov Weinberg, 2, p. 396:

אחד מבני המשפחה הזאת הלעיז על הרב שהוא קורא עתונים בשבת.
[6]  I hope to return to this journal in a future article. Meanwhile, see Yehudah Mirsky, An Intellectual and Spiritual Biography of Rabbi Avraham Yitzhaq Ha-Cohen Kook from 1865-1904, PhD dissertation, Harvard University 2007, pp. 85-99. I am not sure why this volume [as far as I can see] did not make it to the Kuntres Hateshuvot Hachadoshot of Shmuel Glick.
[7] These letters were printed from manuscript in Moriah 23 (3-4) (1999), pp. 54-60 and more recently in a new edition of the ‘Ittur Sofrim’ printed in 2011, pp. 97-102.
[8]  Otzar R’ Chaim Berlin, Shut Nishmat Chaim, 4, (2008), p. 114; Shut Nishmat Chaim, Siman 24.
[9]   Rav Kook already commented about this Heter at the end of the first issue of the Ittur Sofrim. See also Shut Bikurei Shlomo siman, 3-4 for more on this topic. The Chasdei Dovid, 2, Jerusalem 1994, p. 149, on the related passage in Tosefta, is extremely important for this topic.
[10] See also Rabbi Shlomo Yosef Zevin, Ishim Veshitos, (2007), pp. 17-18;  Rabbi Moshe Shmuel Shapiro, R. Moshe Shmuel Ve-doro, p. 54.
[11] Of course, there were many Poskim who were against reading newspapers even during the week. See, for example, the Chofetz Chaim’s son, who writes:

מר אבא לא קרא עיתונים מעולם אף באותם שלא היה בהם מינות, ועגבים וליצנות ולא היה ניחא דעתו מקריאתי אני והיה אומר מה תמצא בעתונים רק צרות וצרות מבלי שאין בידינו להושיע, וידע אנכי זאת גם מבלעדי העתונים כי אין העולם הזה מקום של נחת וקורת רוח וכמו שאמר הכתוב… [דוגמא מדרכי אבי זצ”ל, עמ’ מג.]

See also the Michtavei Chofetz Chaim #42:

See also this passage:

And this passage:

           
See most recently: Divrei Chachomim, Bnei Brak 1975; Rabbi Kalman Krohn, Harchek Mei’aleha Darcheka, Lakewood 2012. See Rabbi Fuerst, Ir Hagoleh, 1, p. 476. See also Mi’pihem, p. 375.
[12] This passage appears in the original Yiddish version of the book Fun Volozhin Biz Yerushalayim, Chapter 12. See also Me-Volozhin LeYerushalayim p. 163.
[13]  Moshe Yuft, Reshumot V’zichronot, 1924, p. 10. This memoir is not found in Pirkei Zichronot, nor was it used by S. Stampfer in Lithuanian Yeshivas of the Nineteenth Century.
[14] This passage appears on page 179 of the Hebrew edition of Stampfer’s book.
[15]  See also Rabbi S. Gershuni, Hama’yan, 52:4 [202] (2012), p. 54 note, 22 who mentions this censorship about the Hameilits, but not that there were two editions of the 1894 printing.
[16]  It appears that there are additional letters about this same subject. See ibid, pp.163-168. For more on the controversy related to these Teshuvot, see Y. Mondshine, Zechor L’Avraham, (1999) pp. 374- 444 [also available here]. See also Igrot R. Yitzchak Elchanan, 1 (2004), pp. 266-267. See also S. Glick, E-Shnev leSafrut HaTeshuvot, pp.150-154.
[17] On this essay see Yehudah Mirsky, An Intellectual and Spiritual Biography of Rabbi Avraham Yitzhaq Ha-Cohen Kook from 1865-1904, PhD dissertation, Harvard University 2007, pp. 84-85. See also Rabbi Yitzchak Nissenbaum who wrote about this essay:
את… רבי אברהם יצחק הכהן קוק שמעתי זה כבר. בעודני צעיר קראתי את מאמרו ב’כנסת ישראל’ לשפ”ר על הנצי”ב מוואלוזין, וכתלמיד הישיבה, המחבב את רבו הזקן, נהניתי מאד מדבריו [עלי חלדי, עמ’ 188].
[18]  I hope to return to this incredible work in the future for now see the beautiful book of Gil Perl, The Pillar of Volozhin, Boston 2012.
[19] Gil Perl, The Pillar of Volozhin, Boston 2012, p. 32.
[20]  Ibid, and see here.
[21]  On this work see: Jay Harris, How Do We Know This?, pp. 239-244; Channah Katz, Mishnat Hanetziv, pp. 93-98; idem, Machanayim 4 (1993), pp. 380-387; Nissim Eliakim, Haamek Davar la-Netziv, Moreshet Yaakov 2003; Gil Perl, The Pillar of Volozhin, pp. 168-237; Rabbi Dov Leor, Aloni Mamrei, 121 (2008), pp. 73-85. For the dating of this work see: Gil Perl, ibid, pp. 169-171; Rabbi S. Gershuni, Hama’yan, 52:4 [202]. (2012), pp. 50-56.

On the Ha’amek Davar, see the article (quoted above) written in 1887 by Rav Kook about the Netziv where he writes:

בעת ההיא כתב גם כן ביאורו על התורה, אשר גם בו היתה לו האמת לקו והבקרת הנאמנה למשקלת יישר דברי חז”ל עפ”י הדקדוק בסגנון מליצת הכתוב…

In a letter to Dr. Eliyahu Harkavi the Netziv writes [I will hopefully return to the nature of their relationship in the future]:

וידעתי כי איני כדאי והגון להדפסה רחבה כזו, ומה אני ומה כחי להוציא לאור ביאור פרוס על חמשה חומשי תורה, וגם בפעלת ההדפסה רבה אשר הגיע עד חמשת אלפים רו”כ, ובחיי ראשי כי לא הי’ מכן בידי גם מאה רו”כ, אך יד ה’ והשגחתו הפרטית הי’ עמדי בזכות הישיבה הק’ שאני מוסר נפשי עליה, והטה דעת המדפסים להדפיס בהקפה יותר משלש אלפים רו”כ… [שנות דור ודור, ב, עמ’ קפג-קפד (=אגרות הנצי”ב, עמ’ לא)].

See also Igrot HaNetziv Me-Volozhin, p. 214.
[22]  The subject of these shiurim was not dealt with in the excellent book of S. Stampfer, Lithuanian Yeshivas of the Nineteenth Century or in the volume Toldot Beis Hashem B’Volozhin,.

On these shiurim See the Netziv who writes:
וזכות הרבים עמדה לי שפירשתי בכל יום הפרשה לפני היושבים לפני ה’ בית התלמוד עץ החיים אשר נטע אביר הרועים הגאון מהור”ח זצ”ל [קדמת העמק, אות ה].
In the article (quoted above) written in 1887, by Rav Kook about the Netziv he writes:

בהנהגת הישיבה… גם הרגיל אותם לשנן פרשה אחת בכל יום מפרשת השבוע ויער אזנם למוסר לדעת איך ללכת נגד החיים…”.

See also Pinchas Turberg’s picturesque description of the scene when at age fourteen he first walked in to the Volzhiner Yeshiva on a Friday morning:

בבוקר,… השכמתי לקום וברוח סוערת מהרים לבית הישיבה., הרושם שעשה עלי הבית הגדול… כל זה אי אפשר לתאר באומר ודברים. הרגשתי את עצמי כאלו נכנסתי לתוך עולם אחר… ביחוד משך אליו את העין איש זקן בעל פנים מאירות ועינים טובות ומלטפות, שישב מעוטף בטלית ומעוטר בתפלין ולמד לפני תלמידים פרשת השבוע. הזקן הזה היה ראש הישיבה, הנצי”ב שלמד את שעוריו בחומש לאחרי תפלת שחרית [כתבי פינחס טורברג, ניו יורק תשי”ג, עמ’ קלא (= פרקי זכרונות, עמ’ 195)].
Rabbi Yitzchak Nissenbaum writes in his beautiful memoirs:

זמן מה הייתי שומע גם את שעורי הנצי”ב בחומש, שהיה מטיף אחרי תפילת השחרית [עלי חלדי, עמ’ 45 (=פרקי זכרונות, עמ’ 103].
In an article comparing the Netziv and Rabbi Chaim Soloveitchik, Rabbi Yitzchak Nissenbaum writes a bit more:

הסבא יושב בכל יום ויום אחר התפילה ומטיף לפני התלמידים פרשה בתורה מסדר השבוע, וכה הוא לומד ומלמד במשך השנה את כל חמשת חומשי תורה, עד שנולד לו באורו הידוע ‘העמק דבר’. והנכד חושב כי תורה שבכתב ניתנה רק לתינקות של בית רבן טרם שהגיע זמנם ללוד את תורה שבעל פה” [הצפירה, ו’ תשרי תרע”ט גלי’ 37 עמוד 9].

 Micha Yosef Berdyczewski writes:

תפילת שחרית בציבור בשעה 8 בבוקר… ורבים יישארו לשמוע פרשת השבוע מבוארת מפי הרב הגאון ר’ נצי”ב שליט”א על פי דרכו ביאורו הנפלא, הנוטע בקרב לב השומעים רגשות יקרות ואהבת אלקים ואדם. [מיכה יוסף ברדיצ’בסקי, כתבים, א, עמ’ 73 וראה שם, עמ’ 71, 196]

See also Rabbi Meir Bar-Ilan, Me-Volozhin LeYerushalayim pp. 112-113; Pirkei Zichronot, p. 127, 172; Rabbi Moshe Neryah, Toldot HaNetziv, pp. 13-14; Rabbi Moshe Shmuel Shapiro, R. Moshe Shmuel Ve-doro, p. 41, 72; Moshe Tzinovitz, Etz Chaim, p. 235. See also Binyomin Goldberg’s peculiar claim that the general consensus towards the Netziv’s Chumash Shiur was indifference, at best. This passage can be found in Zichron LeAchronim, 1924, p. 21. This book is extremely rare and there is no copy of it in Jewish National Library. Special thanks to Professor Shaul Stampfer for providing me with a photo-copy.
Chumash was learned in Volozhin in the times of Rabbi Chaim Volozhiner and Reb Itzeleh Volozhiner. See: Rabbi Yechiel Yaakov Weinberg, Kisvei Hagaon Rabbi Yechiel Yaakov Weinberg Zal, 2, p. 217; Dov Eliach, Avi Hayeshivot, 2012, pp. 460-462; S. Stampfer, Lithuanian Yeshivas of the Nineteenth Century, p. 42; Toldot Beis Hashem B’Volozhin, p. 63;M. Breuer, Ohalei Torah, pp. 122-123; Shlomo Tikochinski, Darchei Halimud Beyeshivot Lita Bimeah Hatesha Esreh, MA Thesis (Hebrew University, Jerusalem, 2004), p. 34.

In Pirkei Zichronot [p.84] we find a claim from Shmuel Zitron that R. Yehoshua Levin gave a chumash shiur using Mendelsohn’s Biur. However, S. Stampfer [ibid, p. 68] already notes that Zitron’s memoirs are not always accurate.

On Chumash being part of curricula in Yeshivot, see M. Breuer, Ohalei Torah, pp. 118-123. I hope to return to this subject in the future.
[23] The Netziv was always working on adding to this work, In a letter, he writes:
ויאמין לי מעלתו כי נכספתי מאוד לשוב ולהדפיס החומשים עם העמק דבר, כי רבים מבקשים אותם ממני, וגם יש לי הוספות הרבה, אבל אין לי עצה להשיג הוצאות הדפסה… [פרשגן, תרנ”ט ראש הספר].

This letter is also printed in Igrot HaNetziv Me-Volozhin (p. 41) without citing its source.

See also the following interesting letter from the Netziv to Rabbi Eliezer Lipman Prins:

ובכלל אענה על תרעומת מע”כ שקצרתי בלשוני כ”כ כי טוב הוא להתחוקק בראש למי שחפץ להבין ולהשכיל. ובכ”ז מודה אני שיש מקומות שקצרתי יותר מהנדרש וכשאר יזכני ה’ ברחמיו לשוב ולהדפיס החומשים עם באור העמק דבר אי”ה אראה לתקן הלשון באיזה מקומות. לבד אשר אשית נוספות הרבה אשר זכני ד’ לדקדק בלשון המקרא. אך עתה קצרה ידי לשוב ולהדפיס משום חוסר מעות. [פרנס לדורו, עמ’ 208-209].

Worth noting is that the 1999 edition quotes this letter in the beginning of their edition, without giving the source. They also print the whole letter in the back of the volume of Ha’amek Davar on Shemos (p. 21), without referencing the source. This letter is also printed in Igrot HaNetziv Me-Volozhin  (pp. 34-35) without citing its source.
The Aderet writes when he first met the Netziv:

העירותיו כמה דברים בביאורו על התורה שהיה מגיהו אז להדפיסו מחדש (סדר אליהו, עמ’ 85).

See also Rabbi Eliezer Lipman Prins’ notes on the Ha’amek Davar, printed in his Parnas Ledoro, pp.241-256.
[24] Gil Perl, ibid, p.81, 176-177. Rabbi S. Gershuni, Hama’yan, 52:4 [202], (2012), p. 54 points to further evidence in the Ha’amek Davar that the Netziv read newspapers.
[25] On this work see the excellent introduction by Rabbi Meir Bar-Ilan [of course it’s not included in the newer editions]; Rabbi Shlomo Yosef Zevin, Ishim Veshitos, (2007), pp. 23-26.
[26]   See what they write in the back of the first volume of Ha’amek Davar.

מהדורה מתוקנת המופיעה לראשונה, אשר בו אלפי תיקונים והוספות שהגיהם והוסיפם מרן הגהמ”ח זיע”א בכתב יד קדשו על גליוני החומש עם פירוש העמק דבר שהו”ל בחייו בשנות תרל”ט תר”מ. חלק גדול מההספות כבר נדפס בשנת תרח”ץ בסוף החומש, ועתה זכינו בס”ד להשלים את כל ההוספות וההגהות שנמצאו על גליוני החומש בכתי”ק, וכן לעוד הרבה תוספות מהעתקה אחרת שנערכה גם על מנת לשלב את ההוספות והתיקונים להפירוש.
I just started to compare the editions and noticed many new pieces. For example in the Introduction of the Netziv to the Ha’amek Davar called Kadmus Ha’amek there are over 20 new lines of text added in different places. In the famous introduction of Netziv to Chumash Bereishis over 6 new lines of text were added. I will hopefully return to all this in the future.
My problem with this edition is that although it’s amazing to have all these new pieces it would have been helpful for one to be able to see what’s new and what’s old. I would have suggested that they use different fonts, one for the original work, one for the 1500 additions from Rabbi Meir Bar Ilan and one for the new material that they added. Similar to the style found in the Eshkol edition of the Siddur of Rabbi Yakov Emden which allows the reader to see easily what is being added. For a different criticism see what Rabbi Mordechai Cooperman writes in the introduction to his edition of the Ha’amek Davar.

For an interesting discussion relating to this edition, see the back and forth which took place in some recent editions of the journal Hamay’an: Rabbi Avraham Glanzer, Hama’yan, 52:3 [201], (2012), pp. 94-95; Rabbi S. Gershuni, Hama’yan, 52:4 [202], (2012), pp. 50-56; Rabbi Dovid Shapiro, Hama’yan, 52:4 [203]. (2013), p. 103, Although, Rabbi Shapiro deals with an issue of the editing of the new Ha’amek Davar, he does not talk about the censorship of the Netziv’s newspaper reading. 

[27]  Rabbi S. Gershuni, Hama’yan, 52:4 [202]. (2012), p. 53 also points to the censorship.
[28] Hacarmel: p. 21; Ha’maggid: p. 54, 198; Hameilits: p. 60, 113, 114, 140, 147, 168, 170; Ha-Tzefirah: p. 112, 120, 133, 134, 140,141. See also Mekor Baruch, 4, pp.1795-1796 what he brings from the Netziv about the fighting between the Ha’maggid and  Ha-Levanon.

However in regard to the Newspaper Ha’Shachar he writes to Dr. Eliyahu Harkavi:

עוד בקשתי.. וכן ראיתי באיזה עלה עת שמעכ”ה מעריך דברים בעלה השחר, מבוקשי אם אפשר לשלחם לי כל היוצא, בלי עלה השחר, המשחיר את כבוד התורה וכל קדושיה עמה, וכי יבוא דברי מע”כ אלי וכבדתים להביט בדבריו [שנות דור ודור, ב, עמ’ קפד (=אגרות הנצי”ב, עמ’ לב)].

On these newspapers in general see: E.R. Malachi, Mineged Tir’eh, pp. 17-121; Gideon Kouts, Chadushot V’korot HaYamim, Tel Aviv 2013; Dovid Tal, Yehuda Leib Kantor, Tel Aviv 2011, pp. 367-370; Roni Beer Marx, Between Seclusion and Adaption; The Newspaper Halevanon and East European Orthodox Society’s Facing Up to Modern Challenges,(Heb.)PhD. Dissertation, Hebrew University, 2011.
[29]  On this essay see Y. Rivkin, HaNetziv Viyichuso L’Chibbat Tzion, 1919, pp. 7-9; Rabbi Moshe Shmuel Shapiro, R. Moshe Shmuel Ve-doro, p. 63; Moshe Tzinovitz, Etz Chaim, p. 236; Gil Perl, ‘No Two Minds are Alike: Tolerance and Pluralism in the Work of Netziv’, Torah U-Maddah Journal, vol. 12, pp. 74-98.
[30]  On this newspaper see: Joseph Margoshes, A world apart, A memoir of Jewish Life in Nineteenth Century Galicia, p. 14, 25-27; Rachel Manekin, The Growth and Development of Jewish orthodoxy in Galicia, The “machsike hadas” Society 1867-1883, PHD, Hebrew University 2000.
[31] [(English translation of Yiddish) The Libes Briv of Isaac Wetzlar, edited and translated by Morris Faierstein, p.43 (see also p. 13)].

For some sources of regular people reading Newspapers see Yakov Mark, BeMechitzosom Shel Gedolei Hador, p. 28; Pirkei Zichronot, p. 256 [In Telz]; Joseph Margoshes, A world apart, A memoir of Jewish Life in Nineteenth Century Galicia, p. 45, 47; Mah Shera’Iti [Zichronotav shel Yechezkel Kotik], p. 184, 297; Chaim Hamberger, Sheloshah Olamot, 2, pp. 40-41; Mi’pihem, p.273. See also M. Zalkin, Be’alot Hashachar, pp. 255-261.
[32] Rabbi J.J. Schachter, Rabbi Jacob Emden: Life and Major Works, PhD. Dissertation, Harvard University, 1988, p. 614; Maoz Kahana, ‘An Esoteric path to Modernity Rabbi Jacob Emden’s Alchemical Quest’, Journal of Modern Jewish Study (2013) 12:2, p. 271 note 70.
[33] See also Rabbi Zev Rabiner, Harav Yosef Zechariah Stern, 1943, p. 24.
[34]  pp. 56, 73-74, 76, 78, 87, 128, 132, 137, 165, 167, 196, 318.
[34b] The Mishna Berurah quotes his work Netivot Sholom numerous times in Hilchot BishulSharei Tzion (318: 55, 57, 58, 61, 62).
[34c] About him see Avraham Lunz, Netivot Zion VeYerushlayim, pp. 208-209 [who was a talmid of his]; Rabbi Betzalel Landau, in the back of Sifsei Yeshai​nyim, pp. 35-58; Pinchas Gr​ie​vsky, Zichron Lechovvim Harishonim, 8, pp. 391-413; Rabbi Yechiel Michel Tycosinski, Luach Eretz Yisroel, 1, pp. 163-167 [=Chatzer Churvos Rebbe Yehudah Hachassid, pp. 48-53] Yosef Salamon, ‘The Etz Chaim Yeshiva in Jerusalem at the time of Moshe Nechemiah Cahaniu (1866-1887)’,  Yeshivot Ubatei Midroshot, pp.187-197. I will hopefully return to this Gaon in the second part of this post.
[35] See his work Zichron LeAchronim, 1924, p. 6. This passage is quoted in Shaul Stampfer ‘Lithuanian Yeshivas of the Nineteenth Century‘, p. 163. See also Rabbi Nosson Kamenetsky, Making of a Godol, 1, p.459 & vol. 2, p. 917 for a possible explanation as to why Rabbi Soloveitchik read the paper.
[36]  About him see Li’frakim, pp. 156-157.
[37]  However see Rabbi Yitzchak Nissenbaum who was one of the people who ran this Yeshiva who writes:
תכחמוני… כאשר נמנה אחר כך הרב רבי משה סולוביייציק לדירקטור הערכה כבר תכנית ללמוד גפ”ת ובתוכם כבר הובא איזה סדר… [עלי חלדי, עמ’ 344] [וראה: אגרות הרב ניסנבוים, עמ’ 243].
[38] Notrei Morshet, pp.157-169, for a more complete version of this article see Yaakov Klatzkin, Kesavim, pp. 304-320.
[39]Imrei Shefer, Siman 34, pp. 72-73. See also Shnayer Z. Leiman, Rabbinic Responses to Modernity, Judaic Studies 5, 2007 pp. 116-118.
[40] For more on Rabbi Eliyahu Klatzkin, see Rabbi Amram Blau, Heichal Habesht 34, (2013), pp. 159-160.
[41] About him see: Chaim Hamberger, Sheloshah Olamot, 2, pp. 141-158; Yitzchak Shirion, Zichronot , pp. 43-45; Chachmei Polin, pp. 350-353; Igrot Baal Ha’Toras Chesed edited by Y. Mondshine; Y. Chananel,  Ha’Gaon Me’Lublin.
[41b] See: Yakov Lipshitz, Zichron Yakov, 2, pp. 15-19, 99-116; Roni Beer Marx, Between Seclusion and Adaption; The Newspaper Halevanon and East European Orthodox Society’s Facing Up to Modern Challenges,(Heb.)PhD. Dissertation, Hebrew University, 2011; Marc Shapiro, Between the Yeshiva World and Modern Orthodoxy, pp. 38-41.
[42]  See Toras Ha’Goan Rebbe Alexander Moshe, pp. 583-592. See also Yakov Lipshitz, Zichron Yakov, 2, p. 99.
[43]  Many of them are collected in Y. Klausner, Ketavim Tzioni’im, Jerusalem 1947.
[44]  Many of them are collected in Succos Shalom, Jerusalem 1990; see for example pp. 31-33, 43, 49, 60, 61, 65, 75, 91, 95, 96, 101, 151, 159, 168, 172. 
[45] Yakov Mark, BeMechitzosom Shel Gedolei Hador, pp. 197-198
[46]  Shevl Ha’zahav, p. 17; Yakov Mark, BeMechitzosom Shel Gedolei Hador, p. 141, 146; Rabbi Bezalel Naor, The limit of Intellectual freedom, the Letters of Rav Kook, pp. 179-180.
[47] See Marc Shapiro, Between the Yeshiva World and Modern Orthodoxy, pp. 23-26.



A Note Regarding Dayan Simcha Zelig Rieger’s View of Opening a Refrigerator Door on Shabbat

A Note Regarding Dayan Simcha Zelig Rieger’s View
of Opening a Refrigerator Door on Shabbat
Rabbi Michael J. Broyde
Introduction

Thank you to Rabbi Yaacov Sasson for his comments on
footnote 59 of the article “The Use of
Electricity on Shabbat and Yom Tov” found in the Journal of Halacha and
Contemporary Society, 21:4-47 (Spring 1991) co-written by Rabbi Jachter and
myself.  It is always nice to have people
commenting on articles written more than 25 years ago.[1]
Before delving into the halacha, it is worth clarifying some preliminary
facts – in particular, whether refrigerators even had automatic lights during
the first half of the 1930s.  Some
commenters have suggested that such lights were not yet present, or that they
were limited to rare and expensive refrigerators.  This is not correct.  I reproduce below a wide variety of newspaper
ads from the early 1930s that show that a range of refrigerator models by many
manufacturers at various price points featured automatic interior lights (see attachments here). These
include a Frigidaire priced at $157.50, a GE priced at $99.50, a Majestic model
with no price, a Frigidaire priced at $119.50, a Leonard priced at $114.75 and
many more.[2]  And while some of the publications appear
targeted to the upper class, many others are clearly meant for wider audiences
– particularly those available on installment plans (“$5 down, 15¢ a day”;
“Nothing down! 20¢ a day!”; “$7 Initial Payment – enables you to enjoy any of
these refrigerators immediately. Investigate our convenient budget payment
plans.”).[3] Thus, even in the early 1930s, interior
lights were a readily available feature in the refrigerators that were becoming
increasingly common in American households.[4] Claims that “normal” or “typical”
refrigerators did not have lights are belied by the many ads taken from diverse
periodicals that are reproduced here.[5]
A Summary of the Original Article

The relevant section of the article is
about using refrigerators on Shabbat, and states in part:
A. Refrigerators
The opening of a
refrigerator door on Shabbat has been the topic of vigorous debate in past
decades. Opening the refrigerator door allows warm air to enter, thus causing a
drop in temperature which causes the motor to go on sooner. If one accepts that
turning the motor on during Shabbat is prohibited, then it would appear that
opening the refrigerator door on Shabbat when the motor is not already56 running
is prohibited. Indeed, many prominent rabbinic decisors have adopted this
position.57 However, many authorities58 assert that
one is permitted to open a refrigerator even when the motor is off.59
The footnotes to the above-quoted text observe:
56. Opening
the door when the motor is already running is permissible because all that is
done then is causing the motor to stay on for a longer period of time; see also
section V. 
57. See Har Zvi 1:151; Mishnat Rabbi Aharon, 1:4; Minchat
Yitzchak
 3:24; and Chelkat Yaakov, 1:54. Rabbi
Ovadia Yosef, Yabia Omer 1:21 and Rabbi Yosef Eliyahu Henkin, Edut Leyisrael p. 152, recommend that one be
stringent in this regard, although they both accept that it is permissible to
open a refrigerator even when the motor is off. 
58. Rabbi
Shlomo Zalman Auerbach’s argument can be found in his Minchat Shlomo pp. 77-91. Others who are lenient
include Rabbi Waldenberg,Tzitz Eliezer 8:12
and 12:92, Rabbi Uziel, Piskei
Uziel
 no. 15. Rabbi Aharon
Lichtenstein reports that Rabbi Joseph B. Soloveitchik subscribes to the
lenient position in this regard. 
59. Almost
all authorities accept that it is forbidden to open a refrigerator when the
light inside will go on. Notwithstanding one’s lack of intent to turn on the
light when opening the refrigerator, this action is forbidden, since the light
will inevitably go on (pesik resha). 
However, Rabbi S.Z.
Rieger (the Dayan of Brisk) rules leniently in this regard (Hapardes 1934, volume three). His lenient
ruling is based on two assumptions. First, he states that when the forbidden
act has no benefit to the one who performs it, and it is only incidental (psik
resha d’lo nicha leh
), no prohibition exists.
Rabbi Rieger assumes that the lenient ruling of the Aruch (see Aruch defining the word “sever“)
is accepted. Second, Rabbi Rieger states that the light in the refrigerator
provides no benefit to the one opening the door.
His first assumption is disputed by most authorities (see Yabia Omer 1:21,5; Minchat Shlomo p. 87). The consensus appears not to
accept theAruch’s ruling
as normative. The second assertion appears to be entirely incorrect. The light
serves as a convenience to locate items in the refrigerator and cannot be
described as having no benefit to one who opens the door.
Most authorities, however, maintain that it is acceptable
to ask a Gentile to open the door of the refrigerator even if the light will go
on: see Iggerot Moshe, Orach
Chaim
 2:68; and Shemirat Shabbat Kehilchatah pp. 100-101.So too, it would appear to
these authors that one could allow a fellow Jew to open the door when he does
not know the light will go on, as that is only in the category of mitasek (unknowing) and thus permitted; see e.g.,Rabbi Joseph B.
Soloveitchik, Shiurim
Lezeicher Avi Mori
, p.30 n. 58; but see Teshuvot
R. Akiva Eiger
 #9. 
(bold emphasis added)
Rabbi Sasson’s Criticism

Rabbi Sasson is commenting on the words in
the second paragraph of footnote 59 (the bold sentences above).  He proposes that the article is wrong in its
understanding of the view of Dayan Simcha Zelig Rieger who did not, he claims,
permit the turning on of the light in the refrigerator, but only the
motor.  Rabbi Sasson states:
Lo hayu dvarim me-olam. Rav Simcha Zelig did not permit opening a refrigerator when the
light inside will go on. Rav Simcha Zelig wrote (Hapardes 1934, num. 3, page 6)
that it is permitted to open the refrigerator since the intention is to remove
an item, “v’aino mechavein lehadlik et ha-elektri.” The authors misinterpreted this
statement to be a reference to an electric light in the refrigerator.
And his argument is:
However, it is clear from a simple
reading of the articles to which Rav Simcha Zelig was responding that the topic
under discussion at the time was triggering the motor by opening the door and allowing warm
air to enter; lights and light bulbs are not mentioned at all. In the first of
those articles (Hapardes 1931, num. 2, page 3), the language of “hadlaka
is used in reference to the refrigerator motor, and Rav Simcha Zelig’s language
of “lehadlik et ha-elektri” appears to parallel the language
used there.
As an additional proof, he notes:
In the second of those articles
(Hapardes 1931, num. 3 page 6), the act of triggering the motor is referred to
as “havara” and “havara b’zerem ha-chashmali“,
and Rav Simcha Zelig used a similar nomenclature, “lehadlik et
ha-elektri
” to refer to triggering the motor.
Based on this Rabbi Sasson concludes:
Rav Simcha Zelig’s position was that it
is permitted to open a refrigerator when the motor
will then go on, as triggering the motor is classified as a psik resha d’lo ichpat lei,
which is equivalent to lo
nicha lei. 
Rav Simcha Zelig
never addressed opening a refrigerator when the light will go on. 
(footnotes omitted)
A Review of the Teshuva and
a Defense of the Second Paragraph of Footnote Fifty Nine

The relevant paragraph of the teshuva by
Dayan Rieger reads simply:

ובדבר התבת קרח מלאכותי נראה כיון דכשפותח
את דלת התיבה הוא כדי לקבל משם איזו דבר ואינו מכיון להדליק את העלעקטרי הוי פסיק
רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן שהוא פסיק רישיה.

And in the matter of the artificial
[electric] icebox it appears that since when one opens the door of the box to
get something from there and does not intend to ignite (light) the electricity
it is a psik resha that he does not care about, even to light in way
that is a psik resha.
The rest of the teshuva by Dayan Rieger
presents his view of the halacha in cases in which there is a psik resha d’lo
ichpat lei
, which is that this is a dispute between Tosaphot and the
Aruch.  Furthermore, Rav Chaim M’brisk
maintains that the Rambam is in agreement with the Aruch, and the custom is
like the Aruch; therefore, it is completely proper to rely on the Aruch in
cases in which there is a psik resha d’lo nicha lei.[6]

A careful reader of the first sentence,
and indeed of the entire teshuva, can sense that there is some ambiguity here
about the electrical object referred to, since Dayan Rieger does not specify
the source or consequence of igniting the electricity. I am inclined to
reinforce the original explanation that it was the light based on the following
three observations.
First, the many articles in Hapardes do not
necessarily use as interchangeable the terms zerem chashmali or chut
chashmali
or chut elektriki with
the term hidlik et haelektrik – which
seems to have a different connotation. 
Particularly in the Yiddish spoken culture of that time, the term
“electric” seems to have meant “lights” and not electricity or motor.  Rabbi Sasson’s claim that the phrase “havara
b’zerem ha-chashmali
” and Rav Simcha Zelig phrase “lehadlik et
ha-elektri
” are identical is, I think, not indubitably correct.  Elektriki, according to my colleague
at Emory, Professor Nick Block, more likely means the light than anything else
in 1930s Yiddish.  This is particularly true in my
opinion, when added to the word “le’hadlik,” a word of ignition.
Second, and much more importantly, the halachic
analysis presented by Dayan Rieger addresses a direct action, while everyone
else who discusses the motor speaks about an indirect action.  This is very important to grasp.  The light in the refrigerator immediately
turns on when the door is opened, as the opening of the door also opens the
switch that controls the incandescent light. 
Not so the motor, which is controlled by a thermostat; opening the door
usually leads to an increase of air temperature inside the refrigerator, which
eventually directs the motor to go on.
As the editor of Hapardes notes (in
volume 5), there are persuasive grounds to permit the opening of the
refrigerator door based on two distinct principles of enormous halachic
importance that are deeply grounded in factual reality: davar she’eno
mitkaven
and grama; it is based on this that many poskim to this day
permit a refrigerator door to be opened, as our article from 25 years ago
notes.
Simply put, many times when the
refrigerator is opened, the motor does not go on at all, since for the motor to
go on immediately, the refrigerator must be at just a certain temperature such
that the warm air immediately causes the thermostat to turn the motor on.  Sometimes the motor is already on, sometimes
the motor is not hastened, and sometimes there is a very long time delay.  This reality gives rise to important halachic
grounds discussed in our article and quoted by many poskim, including many
before and after the great Dayan Rieger.
But Dayan Rieger makes no mention of
this: he does not discuss grama, or davar she’eno mitkaven or any
of these other factors that apply to indirect action.  Instead, he assumes that when the
refrigerator door is opened, the electrical object under discussion is always ignited, and it does so
immediately and directly, thus causing a melacha. This is the
formulation of pesik resha, which
inexorably causes melacha each and every time — in contrast to grama,
davar she’eno mitkaven or any other principles of indirect or delayed or
uncertain causation.
Dayan Rieger is not speaking about acts
caused indirectly, uncertainly or after a delay – he is speaking about an
action that directly and immediately occurs and is fully and directly caused by
my opening the door.  As he writes in his
first paragraph:
ובדבר התבת קרח מלאכותי נראה כיון דכשפותח
את דלת התיבה הוא כדי לקבל משם איזו דבר ואינו מכיון להדליק את העלעקטרי הוי פסיק
רישיה דלא איכפת ליה אפילו להדליק אם הוא באופן שהוא פסיק רישיה.
No intermediary (like a thermostat) and
no indirect or delayed causation is present in the case Dayan Rieger is
discussing – the prohibited action is caused by the door opening.  The act of opening the door turns on the elektri
according to Dayan Rieger.  His
halachic insight is that even when such causation is direct, it is of no value
to the opener of the door, who just wants to take some food out; it is a psik
resha
of no benefit.  Factually,
this is not an accurate description of the motor at all, which frequently does
not turn on immediately, but it does correctly describe the mechanism of the refrigerator
light
.  Dayan Rieger implicitly
concedes that if one were to open the door with the intent to turn on the light
(or motor), that would be assur min ha-torah, since he sees no indirect
causation in the process, something that most poskim think is not at all true
for the motor.
Professor Sara Reguer noted by email to
me that “my grandfather conferred with scientists and specialists in
electricity before giving his response,” and given this fact it is extremely
unlikely that he missed such a basic point that anyone who repeatedly opened
and closed a refrigerator would have observed. 
This was simply not true about refrigerator motors as the original
question notes explicitly in Hapardes Volume 2. This technological assumption
about the refrigerator is true about the light, which always turns on when the
door is opened, but not about the motor.
I would also note two additional factors
for consideration. First, the other substantive halachic logic employed by
Dayan Rieger which analogizes elektriki to sparks seems to me to be a
closer analogy to a light than to a motor which is hardly fire at all; sparks,
like incandescent lights, are fire according to halacha.  Secondly, there has been a regular subset of
poskim (as shown by Rabbi Abadi’s most recent teshuva, Ohr Yitzchak 2:166) who
adopt the exact analysis and view of Dayan Rieger and view the light as lo
ichpat
since one does not want it and a light is on already.  If Dayan Rieger is speaking about the motor,
he has gotten the facts terribly wrong as well as provided a halachic chiddush
that is totally unneeded, whereas if he is speaking about the light, he has
adopted a halachic view that has some company, and gotten the facts correct.
Furthermore, his halachic analysis is needed to reach the desired result.
Given these factors – the linguistic
ambiguity, the presence of logic that is discussing a psik resha and not
a grama or a davar she’eno mitkaven, the analogy to sparks and
the parallel teshuva by Rabbi Abadi reaching the same conclusion and employing
the same logic for lights – I am still inclined to think (as the original
article notes) that this teshuva is speaking about the light and not the motor.
On the other hand, there is a good and natural
impulse to read halachic literature conservatively and to press for
interpretations that align gedolim with one other and not leave outliers
with halachic novelty.[7]  Furthermore, I do recognize that many
halachic authorities who have cited Dayan Rieger’s teshuva have quoted it in
the context of the motor and not the light,, as Rabbi Sasson claims
is the proper reading.[8]  But, I think these citations are less than
dispositive for the following important reason: Those who quote Dayan Rieger’s
view as something to consider about the motor note that his analysis is
halachically wrong (see for example, both Yabia Omer OC 1:21 [paragraphs 7-11
are explicitly directly at explaining why Dayan Riegler’s halachic explanation
for motors is wrong] and Minchat Shlomo 1:10 [section 7 calls this logic אולם לענ”ד צ”ע הרבה] who both note deep
problems with Dayan Reigler’s analysis as applied to the motor).[9]  Poskim generally spend less time and ink
explicating the views of authorities whom they believe to have reached inapt or
incorrect conclusions of fact or law compared with those whom they cite in
whole or in part to bolster their own analysis. Simply put, the precedential
value of how one posek cites another when they centrally disagree is not
as great.  
Thus, when given two choices of how to
understand what an eminent posek wrote, I prefer an approach that is both
halachically plausible and factually correct rather than one what is
halachically unneeded and factually wrong.[10]
Conclusion

In sum, while there is some ambiguity in
Dayan Rieger’s teshuva, the recent (ca. 1930) introduction of lights in
refrigerators, the fact that Dayan Rieger makes no mention of grama, davar
she’eno mitkaven
or any of the other classical grounds for discussing the
motor, and from the fact that he uses the Yiddish word for light, all incline
me to think that he is speaking about the light, although I understand the
ambiguity.  Let me add, lehalacha,
as the original article notes, that I think such a view is not halachically
normative in that we do not follow the view of the Aruch as a general matter.
Having said all that, in hindsight I
would have worded footnote 59 a bit differently to reflect more of the nuance
that is present in this post (and may in fact do so if the article is ever
republished).
Postscript

Allow me to
note my general agreement with Rabbi Sasson’s conclusion when he writes:
I would add two endnotes – when surveying Halachot with significant practical
implications, such as in the realm of Hilchot
Shabbat
, it is an author’s responsibility to ensure that all sources are
cited accurately, lest a reader rely on an incorrect citation with the result
of Chillul Shabbat.
Secondly, when confronted with a Halachic position of a Gadol B’Yisrael that seems to
be entirely erroneous, the possibility that the Gadol’s position is being misunderstood must
be explored.
This is true even when the citation is
in a footnote and even when it is noted as not normative.  More generally, readers of blog posts about
nuanced textual disputes should, whenever they can, go back to the original
sources and check for themselves. (The editors of the Seforim Blog should be
commended for helping their contributors include images of such texts for the
benefit of the readership.)
Let me also add a final endnote of my
own: While vigorous debate
has always been a fundamental part of Torah study within the confines of the
beit midrash, and while online forums have brought intelligent Torah
conversations to a much wider group of participants (and observers), the tone
and tenor of these conversations often take on the harsh, acerbic voice of the
internet at large. I generally find that the sharper the rhetorical tone, the
less value the substance has. Orthodox Judaism today would benefit greatly from
deep, substantive conversations on a whole host of halachic and hashkafic
matters that are conducted in a respectful manner. We certainly could use more
light and less heat.
[1] Located here
.
[2] In 2015
dollars, these range from about $1400 to $2200; see CPI Inflation Calculator here.  They are not inexpensive, but seem to
be attainable for middle-class consumers.
[3] See attached
advertisements here.
[4] Indeed, the
number of household refrigerators increased dramatically during the Depression
years, as increased longevity and reduced spoilage helped stretch family food
budgets.
[5] Nor are these
refrigerators more expensive than any other as the ads show.  The reason for this is obvious, upon
reflection.  The compressor was the
expensive, high-tech component at that time, whereas the spring switch light
connected to the door had been invented many years earlier and was very low
cost.
[6] The final
section addresses ice making and it is not under discussion in this article.
[7] For more on
this, see the concluding chapter of my ‘Innovation in Jewish Law: A Case Study
of Chiddush in Havineinu” (Urim Publiscations 2010).
[8] Added to this is the
voice of Dayan Reiger’s granddaughter, Professor Sara Reuger, who tells me that
she is certain that this teshuva is referring to the thermostat or motor and
not the light.   However, I was not
persuaded by her recollection since she had no direct conversation with her
grandfather about this and is only recalling conversations with her own father
and (as explained above) this view places Dayan Reiger’s teshuva in a weak
halachic light analytically (as well as other reasons).
[9]   For another example of this, see Hapardes
volume 11:2 at page 8-10. 
[10] Another possibility was suggested to me
by Professor Miriam Udel of Emory who noted that the Hebrew term “התבת קרח מלאכותי” corresponds well to the Yiddish
term ayz-kastn which is really a very early refrigerator (ice chest).  Ice chests were pre-modern refrigerators that
had no electricity at all, but were cooled by ice; see here and here  By 1925 companies were selling add-on kits to
these ice chests that contained an external motor which cooled a coil insert.  See the article in the Washington Post,
August 9, 1925 entitled “Modern
Electric Plant Displaces Need For Ice Man: Its Refrigeration” at page F7.  See also Display Ad 18 — No Title Chicago
Daily Tribune (1923-1963); Jun 14, 1925 (attached) which notes simply “If you
have a good refrigerator in your home, you can convert it into a Frigidaire easily
and inexpensively.  The Frigidaire “frost
coil” is placed in the ice compartment; the simple mechanism is the basement or
other convenient location.  Small copper tubes
connect the frost coil and compressor and a connection is made to your electric
wiring.”  This converted ice box, to the
best of my knowledge, had no mechanism related to the door being open at all.
(The interior ice compartment would have remained closed.)  Dayan Reiger could not have been speaking
about this, as he is addressing a door mechanism and not a hot-air-entering-the-refrigerator
problem.