The History behind the Ashkenazi/Sephardi divide concerning lighting Chanukah candles

The History behind the Ashkenazi/Sephardi divide concerning lighting Chanukah candles

By Zachary Rothblatt

Zachary Rothblatt learned in Kerem B’Yavneh, Ner Yisroel, and will be receiving Semicha soon from RIETS. He is finishing a graduate degree in Bible and Talmud at the Bernard Revel Graduate School for Jewish Studies. He is a Judaic studies teacher at the Idea School in Tenafly, New Jersey.

One of the most famous halachic debates of Chanukah is the debate concerning how many sets of candles a family should light. Ashkenazim believe, with some variances, that each family member should light a menorah, while Sephardim believe that only one menorah should be lit per family. In this essay I would like to map out the history of how lighting Chanukah candles has been practiced and attempt to explain why in fact Ashkenazim and Sephardim do as they do.

The Shulchan Aruch (Orach Chaim 671:2) records the Sephardic practice of lighting only one set of candles per family. Rema (ad loc) records that the widespread minhag in Ashkenazi communities is for each member of the household to light his or her own set of Chanukah candles. The Taz (‘ס״ק א) notes that this is a unique situation in that Sephardim follow the opinion of Tosafot and that Ashkenazim follow the opinion of the Rambam. Some have taken this as proof of cross-cultural interaction between Sephardim and Ashkenazim. Beit Yosef does indeed say that Sephardic custom is based conceptually on Tosafot and Darkei Moshe Ha’Aruch says that Ashkenazi practice is based on the Rambam. That may be true from a conceptual standpoint. From a historical perspective, I believe the bases of these minhagim are to be found elsewhere.

The details of the Rabbinic commandment to light Chanukah candles are found in the Babylonian Talmud (Shabbat 21b) as well as in the Scholion of Megillat Ta’anit. For our purposes, the textual differences between the two corpora and internally within the manuscripts of the Bavli are negligible. The Talmud quotes a Baraita[1]:

ת”ר מצות חנוכה נר איש וביתו והמהדרין נר לכל אחד ואחד והמהדרין מן המהדרין ב”ש אומרים יום ראשון מדליק שמנה מכאן ואילך פוחת והולך וב”ה אומרים יום ראשון מדליק אחת מכאן ואילך מוסיף והולך

The Sages taught: The mitzvah of Chanukah is each day to have a light kindled by a person, the head of the household, for himself and his household. And the mehadrin, i.e., those who are meticulous in the performance of mitzvot, kindle a light for each and every one in the household. And the mehadrin min hamehadrin, who are even more meticulous, adjust the number of lights daily. Beit Shammai and Beit Hillel disagree as to the nature of that adjustment. Beit Shammai say:On the first day one kindles eight lights and, from there on, gradually decreases the number of lights until, on the last day of Hanukkah, he kindles one light. And Beit Hillel say: On the first day one kindles one light, and from there on, gradually increases the number of lights until, on the last day, he kindles eight lights.

The first level of the mitzvah is defined as one candle per family. The second level, mehadrin, mandates a candle for each member of the family (See later for a discussion concerning who is to light these candles). The level of Mehadrin min HaMehadrin is debated by Beit Shammai and Beit Hillel. As per the general rule we follow Beit Hillel. The fundamental question is whether the third level of Mehardin min Hamehadrin is in addition to the second level, i.e. each household member should have a menorah and light from one to eight candles, or that only one menorah should be lit in such a manner. This point is debated between Rambam and Tosafot, as referenced earlier.

Tosafot writes as follows (ad loc s.v. V’hamehadrin)[2]

והמהדרין מן המהדרין. נראה לר”י דב”ש וב”ה לא קיימי אלא אנר איש וביתו שכן יש יותר הידור דאיכא היכרא כשמוסיף והולך או מחסר שהוא כנגד ימים הנכנסים או היוצאים אבל אם עושה נר לכל אחד אפי’ יוסיף מכאן ואילך ליכא היכרא שיסברו שכך יש בני אדם בבית:

It seems to Ri (Isaac of Dampierre, 12th century) that Beit Shammai and Beit Hilel are referring only to “Man and his household” because in this way there is more beautification of the Mitzvah because there is something recognizable when he keeps adding or leaving out (candles) which corresponds to days that are entering or exiting. However, if he makes a candle for each one (i.e. each member of his household gets his own candle), even if he adds (candles) from this moment and onwards, there is nothing recognizable, because (the people) would think that so is the number of people in the household. (i.e. in this case, instead of attributing the increase or decrease in candles to the intention of the owner to match the corresponding day of Chanukah, people would attribute it to the intention to match the number of people in the household.)

Ri feels that for the Mehadrin min HaMehadrin only one set of Chanukah candles should be lit in order to preserve the distinctiveness of each day. We will return to the Tosafot later.

Rambam writes as follows (Mishneh Torah 4:1-3)[3]

רמב”ם הלכות מגילה וחנוכה פרק ד:א-ג

א. כמה נרות הוא מדליק בחנוכה, מצותה שיהיה כל בית ובית מדליק נר אחד א בין שהיו אנשי הבית מרובין בין שלא היה בו אלא אדם אחד, והמהדר את המצוה מדליק נרות כמנין אנשי הבית נר לכל אחד ואחד בין אנשים בין נשים, והמהדר יתר על זה ועושה מצוה מן המובחר מדליק נר לכל אחד ואחד בלילה הראשון ומוסיף והולך בכל לילה ולילה נר אחד.

ב. כיצד הרי שהיו אנשי הבית עשרה, בלילה הראשון מדליק עשרה נרות ובליל שני עשרים ובליל שלישי שלשים עד שנמצא מדליק בליל שמיני שמונים נרות.

ג. מנהג פשוט בכל ערינו בספרד שיהיו כל אנשי הבית מדליקין נר אחד בלילה הראשון ומוסיפין והולכין נר בכל לילה ולילה עד שנמצא מדליק בליל שמיני שמונה נרות בין שהיו אנשי הבית מרובים בין שהיה אדם אחד.

1. How many lamps should one light on Chanukah? It is a commandment that one light be kindled in each and every house whether it be a household with many people or a house with a single person. One who enhances the commandment should light lamps according to the number of people of the house – a lamp for each and every person, whether they are men or women. One who enhances [it] further than this and performs the commandment in the choicest manner lights a lamp for each person on the first night and continues to add one lamp on each and every night.

2. How is this? See that [if] the people of the household were ten: On the first night, one lights ten lamps; on the second night, twenty; on the third night, thirty; until it comes out that he lights eighty lamps on the eighth night.

3. The widespread custom in all of our cities in Spain is that all of the people of the household light one lamp on the first night. And they continue to add one lamp on each night, until it comes out that one lights eight lamps on the eighth night – whether the people of the household were many or whether it was [only] one man.

Maimonides writes his personal opinion that Mehadrin min HaMehadrin is defined as each individual having a set of candles and adding to it successively over the days of Chanukah. He notes though that the common Minhag in Spain was for a family to only light one set of candles.

As we have seen the Rema codifies the minhag of each individual family member lighting his or her own Chanukah candles. In Darkei Moshe Ha’Aruch he explicitly quotes this idea in the name of Rambam. Similarly, Maharshal in his responsa (no. 85), says the Ashkenazi minhag is based on Rambam. Rav Dovid Novhardoker (19th century) in his Shut Galya Masechet (Responsa no. 6) believes this is an incorrect reading of the Rambam. He believes that a precise reading of the Rambam leads to the conclusion that only one individual should light all the candles corresponding to the number of individuals in a house, based on Rambam’s use of the singular form of the verb (מדליק עשרה). He argues forcefully that there is no source for the concept of each individual lighting his or her own menorah in any Rishon and worries that there may be a concern of bracha l’vetala to follow the standard Ashkenazi minhag.

It is entirely possible that Rema and Maharshal disagreed with the validity of the inference of the Galya Masechet. It’s also possible that they were merely trying to find an early source that is conceptually similar to Minhag Ashkenaz and weren’t concerned for the particular details.

The objections of the Galya Masechet notwithstanding, Rav Ariav Ozer Shlit”a of Yeshivat Itri has pointed[4] to early Geonic evidence that there is a concept of an individual lighting of the Menorah. The relevant responsum is found in a number of places, and in some sources is attributed to the mid-9th century Suran Gaon Sar Shalom b. Boaz. The Genizah version (published in Geonica, no. 343) reads as follows:

גאוניקה 343 (וכן בשי׳ בעשרת הדברות ובשע״ת וה״פ ומובא בטור סי׳ תרע״ז)

ואנשים הרבה בחצר אחת שורת הדין אם משתתפין כולן בשמן יוצאין כולם בנר אחת מדנר שיש לה שתי פיות עולה לשני בני אדם ומדר׳ חונא מילא קערה שמן וכו׳ ומדר׳ זורא מראש הוה משתתפנא בפריטי אלמא בשותפות סגיא אבל הרוצה לחבב ולהדר מצות כל אחד ואחד מדליק נר לעצמו דתנו רבנן מצות נר חנוכה נר איש וביתו והמהדרין נר לכל אחד וא׳ וכו׳

The basic issue in the responsum concerns the possibility of multiple individuals living in one courtyard using one menorah. The Gaon says they technically can chip in together to use one set of candles. Ideally though, they should each light his own menorah as we find concerning the Mehadrin of the Talmud. This reading of the Talmud assumes that the 2nd level of Mehadrin is in fact an individual obligation for each member to light, unlike the Galya Maseches.

It terms of other Geonic material there is an important Genizah find (T-S G2.132 1v) that as of now has only been published in a footnote.[5] The fragment reads as follows:

כחשבון הנפשות, שאם יש חמשה מדליק חמשה או עשרה מדליק עשרה. והמהדרין מן המהדרין הוא טעם שלישי מופרש מן הטעמים הראשונים ובו נחלקו בית שמאי ובית הלל ולא בר…ם ומצוה מן המובחר לעשות כדברי בית הלל כטעם השלישי להדליק לילה הראשונה נר אחד ומיכאן ואילך מוסיף והולך נרות וכך אנו נוהגין מדליקין אנו לילה הראשונה נר אחד בשניֿ שני נרות וב…מוסיפין נר.. ש

It appears the source is saying that the 3rd level is to only light one set of Chanukah candles. If this is the correct inference this would indicate that what eventually became the ‘Sephardic’ custom was already being practiced at a very early period, possibly even in one of the Geonic yeshivot.

As well, In the Siddur of R’ Saadya Gaon[6] we find the following interesting comment (quote is from Assaf’s Hebrew translation)


ומצוותיו הן להדליק נר על פתח כל דירה שלנו, מן ליל כ״ה כסליו עד סוף שמונה ימים, ומהדר ישים נר לכל נפש מאנשי הבית.


Rav Saadya curiously only mentions the 2nd level of Mehardrin. This may be an innocuous omission or it may be an indication that it was not common to light according to the level of Mehadrin min haMehadrin. R. Elazar Hurvitz notes a parallel between Rasag’s words and a Gaonic responsum he published.[7] The responsum contains surprising details both concerning the practice mentioned by the questioner and the Gaon’s response. It reads:

ואשר כתבתם, מנהגנו בחנוכה להדליק בהיכל שמנה נרות, בלילה ראשונה עושין אחת משמאל ושבע לימין ובכל לילה מעתיק אחת מימין לשמאל ע(ל)(ד) לילה שמיני יעשו כולן לשמאל. יודיענו אדונינו גאון היאך עושה. שיש מי שאמר ששה עשרה, שמנה מימין ושמנה משמאל. ילמדינו אדונינו היאך מנהגכם וכיצד נעשה. אנו מנהגינו בבית להדליק כמנין אנשים שיש בבית, כדתנן המהדרין נר לכל אחד ואחד. ובבתי כנסיות עושין כבית הלל, לילה הראשון מדליק אחד, מכאן ואילך מוסיף והולך, ואין עושין כלום מהן מימין, וכך יפה לעשות.

The questioner mentions his own minhag to light eight candles every night! What distinguished one night from the next is that every night one candle was moved from the left to the right. The questioner inquires as to what the Gaon’s practice is, as he has heard some recommend lighting 16 candles (!), eight to the right and eight to the left. The Gaon answers that in fact his minhag is to only fulfill the level of Mehardin min HaMehadrin in the synagogue, while at home the minhag was to perform the 2nd level of mehadrin. So we have explicit proof that there were Gaonim who only lit the level of mehadrin, and Rav Saadya is likely precise in his formulation.

As quoted above, Maimonides noted that the widespread Spanish minhag was for each family to light only one set of Chanukah candles. This minhag is attested in several sources, including the Gaonic responsum above. Another early source for the minhag is the 12th century siddur of Rabbi Shelomo b. Natan.[8] While scholars had originally thought R. Shlomo was from Sijilmassa, Morocco, there has been a growing lack of consensus on the issue. Uri Erlich[9] has suggested the possibility that R. Shlomo was from an area near Aleppo, Syria.

Other later evidence for Spanish practice comes from, among other sources, Ritva,[10] Rabbi Hayim of Toledo,[11] and the Nimukei Yosef.[12] From all these sources it is apparent that the Sephardic custom has unquestionably been to light one set of Chanukah candles per family, in variance with Rambam’s own opinion.

The same minhag is attested in Provence by, among others, both Meiri[13] and Rabbi Meiri HaMeili.[14] Against this, R. Yehonatan of Lunel in his novellae on the Rif[15] says that for Mehadrin min HaMehadrin each individual should have their own set of candles. It is very possible that R. Yehonatan, an avid follower of Rambam, followed Rambam’s personal opinion on the matter. It is unclear if such was ever practiced by a Provencal community.

Returning to Ashkenazic practice, the first explicit source for the minhag to have every individual light appears in the writings of Maharil (c. 1365-1427). Both in his responsa[16] and in the Sefer Maharil,[17] Maharil says the current minhag is for each individual to light, explicitly saying they do not follow the opinion of the Ri. Additionally, Maharil and his students[18] devote significant discussion concerning the possibility for a husband to light separate Chanukah candles when not home (The sources take for granted that even within Minhag Ashkenaz a couple would light only one set of candles, hence the question). These issues were debated extensively by scholars, but no prior discussion of this topic appears. While it is an argument from silence, this alone makes one wonder how popular was the current Minhag Ashkenaz before Maharil (one could also suggest that the minhag used to be that spouses lit their own candles, but this contradicts the simple reading of Shabbat 23a).

Looking through the Ashkenazic Halachic material that precedes Maharil one finds repeated mention of the opinion of Ri that there should be only one set per family. The Mordechai explicitly endorses Ri[19] and quotes that it is the minhag (both in our printed version as well as in Vatican ms. 141, which is the manuscript most authentic to the original Mordechai). As well, the opinion of the Ri is codified in the Agudah[20] (early 14th century), by R. Mendel Klausner[21] (early 14th century) in his Pesakim, and by R. Hizkiya of Magdeburg (late 13th century) in his Pesakim.[22] Not a single source belies any suggestion of the later Ashkenazi minhag.

This leads us back to Tosafot. From the presentation of Tosafot as it appears in our printed Gemaras there is no way of telling how the approach of the Ri related to the contemporaneous practice of lighting in 12th century France and Germany. I had even seen a number of years ago someone cautiously propose that the reason that Mehadrin min HaMehadrin was up for debate in Tosafot was because Jews did not actually light Mehadrin min HaMehadrin and there was no set minhag. A review of the manuscript evidence of Tosafot solves this issue. Guenzburg ms. 636 contains a unique Tosafot on Shabbat authored by a student of Ri.[23] The version of Ri in that manuscript reads as follows:

והמהדר’ין מן המהדרין בית שמי וכו’.נר’אה לר’ דלא קאי אנר לכל אחד ואחד כדי לקיים המנהג שלנו. וטעם נותן ר’בי לדבר דהא לא הוי פרסומי ניסא דהא לא ידיע כמה ימים עברו וכמה יש לבא. וא”ת בפחות או ביתר ידיע שיש בלילה אחת יותר או פחות מחבירתה. בהא לא מינכר משום דאמרי אינשי נתרבו או נתמעטו בני הבית. מ”ר.

In this version, the Tosafot writes that Ri offered this explanation of the sugya specifically in order to substantiate the minhag! This is also found explicitly in the version of Tosafot that appears on the side of the Rif in many manuscripts, and is known as Tosafot Alfas. These Tosafot were gathered by Rabbi Yisrael b. Yoel, also known as R. Zuslein, in the 14th century. He seems to also be the collator of the Rashi on the Rif.[24] His version of Tosafot appears as follows[25]

המהדרין נר לכל אחד נר׳ לר”י שיש הידור כב”ה ליל ראשון אחת ומוסיף כל לילה אחת כמו שאנו נוהגי דאז איכא הכר כל הימים כנגד ימים הנכנסים אבל אם עושה נר לכל אחד ואחד ואפי’ יוסיף מכאן ואילך ליכא הכר שהנכנסים יסברו שכך דרך יש בני אדם בבית…

While not as direct as the previous Tosafot, it is clear that the Ri is explaining the Gemara to be in consonance with the minhag. In fact, upon reexamination, it appears that the Mordechai is in fact just quoting this exact version of the Tosafot when he writes

ולמהדרין נר לכל א’ נראה לר”י שיש יותר הידור לב”ה לילה הראשון א’ ומוסיף בכל לילה א’ כמו שאנו נוהגין…

It turns out then that originally the minhag for Ashkenazim and Sepharadim was the same. Only in the late 14th century is there any explicit evidence of a counter minhag. It is plausible that the rupture of the Black Plague and the related pogroms could have been a factor. Why specifically the minhag would have switched to requiring more people to light candles, and hence cost more money, would be unclear.

But that is not the end of the discussion on Minhag Ashkenaz. Some scholars disagreed with the Ri’s reading of the gemara. They presumably thought it was too farfetched to think that Mehadrin min haMehadrin does not directly build on Mehadrin. Two sources provide a very different way to defend the minhag of lighting only one set of candles. The first is found in the margins of Frankfurt Ms. Oct 81, which is a copy of the Piskei Mahariach on Shabbat.[26] The anonymous author, quoting his father R. Shlomo’s Tosafot, writes as follows:

מתוספות מורי אבי ה”ר שלמה נר”ו, וא”ת למה אין אנו עושין כמו מהדרין, שפירושו נר אחד לכל אחד מבני הבית. טעמא שלא יאמרו הגוים שעושין כשפים בשביל שאין רואין בכל בית בשוה:

While he mentions Mehadrin, I believe he is really inquiring as to why we don’t similarly mandate that each individual light his or her own menorah for Mehadrin min haMehadrin. He says that there is a concern that the non-Jews will think that the Jews are engaged in witchcraft if they see different numbers of candles in different houses. R. Avraham Shoshana in his notes on the Mahariach notes that Ritva quotes the same idea.[27] He writes

ופי’ הר’ יוסף דלהכי אין אנו כמהדרים ולא כמהדרים מן המהדרים פן יחשדו בכשפים (כי) אם היה לכל אחד נר.

This opinion of R. Yosef is immediately contrasted in the Ritva with the Ri. R. Shoshana suggests that this R. Yosef is in fact none other than Ri Porat, a 12th century Tosafist who disputes the Ri concerning a number of Chanukah topics. If this is true then even as early as the 12th century the Ri and Ri Porat were debating if it is possible to read the gemara in accordance with the minhag. Ri Porat is suggesting that there is an external factor that is causing the minhag to differ from dina d’gemara. According to this logic, if circumstances would change it would be appropriate for each individual to light his or her own menorah. This approach may have been a factor behind the switch within minhag Ashkenaz.

There may be some evidence from medieval Italy that would suggest they lit multiple sets of Chanukah candles. The Riaz (13th century) explicitly endorses the opinion that each individual should have their own set of candles.[28] Like Ri MiLunel, it is entirely unclear from the source whether such was practiced in any institution. Unlike Provence though, we do not have the same unequivocal evidence about what the Italian minhag was. In Sefer Tanya, a 13th century work modeled to a large degree on Shibbolei HaLeket, the author writes the following[29]

מצות נר חנוכה מדליק נרות כנגד כל בני הבית ולפחות נר אחד לכולן. ויום ראשון מדליק בה פתילה אחת. וביום שני שתים. וכן מוסיף והולך עד יום השמיני

The Tanya begins by saying that “the candles are lit ‘kneged’ all the members of the house, and at minimum one candle for everyone.” He then begins to describe the level of mehadrin min hamehadrin. From the flow of his comments it seems that kneged means that candles are lit according to the number of household members, and it is possible to add to each set as per mehadrin min hamehadrin, like the Riaz.

Many of the manuscripts of Mahzor Bnei Roma carry a common set of Halachot. Six manuscripts[30] I surveyed all state that on the 25 of Kislev we begin lighting candles

כל אחד ואחד בביתו

Which could be understood that every individual member of the household lights his or her own set of candles. The parallel text is found in Sefer HaTadir[31] (Italy 14th century) that states.

וכן בכל בתי בני ישראל שמנה לילות זו אחר זו כל בעל הבית לעצמו ובכל לילה מוסיפין פתילה אח׳ עד שיעלו בליל האחרון לסכום שמנה.

Which is clear that only the head of the household lights candles. So it is possible there were two competing minhagim in Italy and one may have even influenced minhag Ashkenaz but the data currently is too meager to fully resolve the issue.

[1] Translation and elucidation from The William Davidson digital edition of the Koren Noé Talmud, available on Sefaria.org. Transliteration slightly changed.
[2] Translation from Sefaria.org with some changes
[3] Translation from R. Francis Nataf (2019) available on Sefaria.org
[4] In one of his weekly shiurim that are then typed, I can’t currently find the original write-up.
[5] Transcription is my own from the original fragment  (4 תשובות הגאונים עם תשובות ופסקים מחכמי פרובינציה (ישיבה אוניברסיטה תשנ״ה עמוד 233 הערה
[6] סידור רס״ג עמודים רנד-רנה מהד׳ ש. אסף ירושלים תש״ה
[7] תשובות הגאונים הנ״ל (n. 5) שם חלק ב׳ תשובה צא עמודים 232-233 והערה 2
[8] סידור רבי שלמה בן נתן ירושלים תשנ״ה (עמוד עג) בתרגום
[9] In כנישתא, vol. 4 (pages 23-26)
[10] Commentary on BT Shabbat ad loc, s.v. והמדהרים
[11] Student of Rashba (late 13th- early 14th cen.), in his צרור החיים.
 הדורת ש’ חגי ירושלמי, ירושלים תשכ”ו page 110, משפט חנוכה וראש חדש סימן ב׳
[12] Commentary on BT Shabbat ad loc, s.v. והמהדרין מן המהדרין, Blau ed. page 34 link
[13] In his commentary Beit HaBechirah on BT Shabbat ad loc, s.v. מצות חנוכה
[14] In his commentary ספר המאורות on Shabbat ad loc, sv מצות נר חנוכה, Blau ed. Page 69
[15] 9b in the pagination of the Rif, s.v. נר איש וביתו
[16] No. 145
[17] In the chapter on Chanukah section 8
[18] ׳עיין חידושי דינין והלכות למהר”י ווייל סימן לא, תרומת הדשן סימן קא, לקט יושר הל׳ חנוכה, ושו”ת מהר”י מברונא סימן נ
[19] רמז רע בדפוס
[20]שבת פרק ב׳ סימן לב׳
[21] שבת פרק ב׳ דף כ: מהד׳ בלוי עמוד של״ב link
[22] Piskei Mahariach Shabbat 21b, page 162 in the Blau ed. link
[23] It has been published by Machon Ofeq under the title תוספות ר״י הזקן ותלמידו
[24] For more information concerning the Tosafot written on the Rif see the article from R’ Avraham Chavatzelet of Machon Yerushalayim in Moriah (Yr. 18, Gilyon 11-12, Shevat 5753, Pp 95-102)
[25] Text is transcribed from British Library Add. Ms. 17049
[26] These notes were published as the Gilyon in both Rabbi Blau’s ed. (see note 22) and in R. Shoshana’s edition of the Piskei Mahariach on Shabbat (which is included at the end of vol. 3 of תוספות ר״י הזקן ותלמידו)
[27] Commentary on BT Shabbat ad loc, s.v. והמדהרים
[28] In his Pesakim on Shabbat 21b
[29] Warsaw 1879 ed. page 77 link, I’ve also compared it with ms. versions.
[30] Paris ms. hebr. 599, Parma nos. 2221, 2228, 2405, 3132, and Saraval no. 60
[31] Published by Blau from Parma 2999, Sefer HaTadir also appears in the margins of Mahzor Bnei Roma in Lon BL ms. Harley 5686, text is found in Blau on pgs 204-205 link




Pandemic Bibliopenia: A Preliminary Report of Disease Eradication

אין חכמת אדם מגעת אלא עד מקום שספריו מגיעין[1]1

ריצחק קנפנטון

(ואין ספריו מגיעין בשעת המגיפה[2])

Pandemic Bibliopenia:[3] A Preliminary Report of Disease Eradication

Rabbi Edward Reichman, MD

The number of seforim written during, about or related to the Covid 19 pandemic continues to grow at breakneck speed.[4] What has largely gone unnoticed among the other unprecedented aspects of this pandemic, is that since the development of the printing press, we have not seen so much quality rabbinic literature produced in the midst of a pandemic.[5] In fact, if anything, a diminution in the quantity and quality of literature was more the norm during previous pandemics. This literature proliferation during Covid 19 heralds in a new age and reflects the eradication of a common condition prevalent in the premodern era- Pandemic Bibliopenia (heretofore, PB).

Few alive today have previously experienced a pandemic of the magnitude of Covid 19. While those Torah scholars and bibliophiles who weathered pandemics of the past would surely have been familiar with PB, possibly even from personal experience, the scholars of today are simply unfamiliar with this condition and have likely never seen a case. Furthermore, we are unlikely to see many cases of PB in the future as well (see “treatment” section below).

Since cases of PB in the present and future are likely to be exceedingly rare, the possibility of misdiagnosis or missed diagnosis is therefore a significant concern. We therefore review this condition and some illustrative cases to record its history for posterity, lest we completely forget this previously incurable disease that afflicted the Jewish community for centuries.

Definition/ Diagnosis

Pandemic

adjective

Associated with a widespread outbreak of a contagious disease.

Bibliopenia

noun

Biblio- relating to a book or books

Penia (suffix)- lack or deficiency

A lack or deficiency of books

Pandemic Bibliopenia (PB) is defined as the lack or deficiency of books available to scholars during times of widespread disease.[6] This often leads to quantitative or qualitative decline in literature produced during times of plague or pandemic.[7]

Etiology

While the Talmud explicitly recommends one to shelter in place during times of plague,[8] the practice evolved from at least the late Middle Ages and onwards to flee the urban areas for more rural, less densely populated locations.[9] Access to rabbinic works was often severely limited, if existent at all, in these remote areas. Production of literature was thus severely hindered or curtailed in areas of disease. Plagues often lasted for many months or longer.

Literary Manifestations

PB appears to be more explicitly manifest in halakhic, specifically responsa, literature, with less impact on other genres, such as poetry,[10] or other forms that do not require or rely heavily on texts. Halakhic writing often requires referencing a wide spectrum of legal writings. Furthermore, due to the often-urgent nature of halakhic queries, the response cannot await the passing of the pandemic. Elective works, however, can simply be delayed until calmer times, when access to libraries, be they private or public, can be restored.

Epidemiology

The impact and prevalence of PB throughout history is difficult to assess,[11] though it has likely been significantly underreported. Cases can only be definitively identified from manuscripts and printed works where PB is explicitly mentioned. One of the primary manifestations of Pandemic Bibliopenia is the unwritten book. How many works were conceived, and perhaps even gestated, though not birthed as a result of PB? As this is manifestly impossible to quantify, as no evidence of such remains, we will thus never know the extent of the bibliographic mortality of PB throughout history.

PB shows no innate predilection for age, gender or geographic location and is associated solely with the presence of pandemics.

Case Studies

There are a number of possible presentations of PB.

Severe Cases of Pandemic Bibliopenia

Below are two clear cases of severe PB.

  1. Rabbi Yom Tov Tzahalon (c. 1559-1638)[12]

Rabbi Yom Tov Tzahalon (known as Maharitz) authored a number of halakhic works in the late sixteenth-early seventeenth centuries and lived in Tzfat for part of that time. There were a number of plagues in Tzfat during this period. In Tzahalon’s responsa we see clear evidence in a number of places of his affliction with Pandemic Bibliopenia.[13]

Siman 8

Due to plague in Tzfat, Tzahalon was forced to flee from mountain to mountain, village to village, and states explicitly that he lacks sufficient access to works of poskim to answer the question properly. He nonetheless offers a limited response to appease the questioner.

Siman 19

Tzahalon again notes his lack of access to rabbinic literature in the midst of plague, including the tractates of the Talmud, with the exception of tractates Bava Kama and Bava Metzia, and a portion of Rambam.

During the writing of the above responsum Tzahalon resided, albeit temporarily, in Kfar Par’am, located to the Northeast of the city. People generally fled to villages on the outskirts of their city of residence.

(the pin represents Par’am)

Siman 44

During the writing of this responsum Tzahalon appears to have returned to wandering between villages and once again laments his inability to provide an in depth and expansive response.

Siman 81

In our final, albeit less explicit, example of PB in Tzahalon’s responsa, written in 1589, Tzahalon bemoans his prolonged exile and the toll it has taken, though does not allow this to prevent him from offering a halakhic analysis of the issue.

We not only have mention of Pandemic Bibliopenia in Tzahalon’s responsa, it also surfaces in his Talmudic commentary.[14] Tzahalon wrote his commentary on the fifth chapter of Bava Metzia, at least partially, while in exile. Parenthetically, this may explain why the only volumes of Talmud he possessed in exile were Bava Kama and Bava Metzia, as he likely packed these specific tractates for his travels anticipating work on his commentary. In the midst of his Talmudic commentary[15] we are introduced to Tzahalon’s personal tragedy while in exile in Kfar Par’am with the following line:

Tzahalon digresses from his commentary to share the details of the tragic death of his infant son.[16] The timing of the death, associated with a delayed burial, precipitated a halakhic question for the author:[17] Here again he reiterates his lack of access to required Talmudic tractates and poskim. He writes of his intent to review and expand his analysis upon his return to the city and to his library after the cessation of the plague.

Of note, while this passage is physically situated in the midst of this Talmudic commentary, it is in essence a halakhic responsum.

  1. Rabbi Hayyim Palachi (1788-1868)[18]

Rabbi Palachi was the Chief Rabbi of Izmir in Turkey. During his lifetime a cholera pandemic affected Turkey. In a number of his works he acknowledges suffering from Pandemic Bibliopenia. An explicit reference is below:

Hikikei Lev, vol 2, H. M., n. 51, p. 164a

Palachi was exiled to the village of Boron on the outskirts of Izmir. While lamenting that there is “no wise man without seforim,” he endeavors to respond to a halakhic question with the resources he has available him in addition to relying on his memory. Below we see the repeated mention of PB throughout multiple works reflecting a most serious case of the condition.[19]

Hikikei Lev, vol 1, E. H., n. 57, p. 114b

Hayyim Biyad n. 79, p. 98a

In a letter to Rabbi Hayyim Yehudah Avraham, published in the latter’s Ahi vaRosh[20] Palachi writes while still in exile in the village of Boron:

Varied Prevalence of PB

In the following case, we see the clear impact of PB on one Torah scholar, while another scholar during the very same pandemic appears to enjoy immunity from the condition.

In perhaps our most poetic example, Rabbi Yehudah Ibn Verga[21] corresponds with Rabbi Yosef Karo, author of the Shulhan Arukh, about a financial matter.[22] After lengthy praise for Rabbi Karo, he launches into a lament about the current state of plague in Tzfat.

Ibn Verga’s invokes the same phrase from Tehillim[23] (nikhsifah vigam kaltah nafshi) as does Tzahalon (Siman 81 above) to express the emotions evoked by the plague. His comment at the end of this passage about his elation upon meeting another person in the midst of the plague will sound familiar to those of us who have weathered complete lockdown during the current pandemic.

The next passage reflects the duration of Ibn Verga’s exile. Ibn Verga remarks that his exile had passed the entire summer, now into the winter, and the plague still lingered. “We have said, it is long due to the sins of the generation.” Ibn Verga and Karo both lived in Tzfat. Ibn Verga had hoped to speak to him directly about this case, face to face, but as the plague dragged on, he had no recourse but to commit his comments to paper.

Ibn Verga concludes that he had wanted to cite a responsum of Rosh in support of his position but was unable to include it due to his affliction with PB.[24] 

In his response, Rav Yosef Karo likewise longs to speak face to face with Ibn Verga:

He concurs that sin has caused them to be in a state of “mistar panim” until the plague passes. Rabbi Karo then proceeds to discuss the halakhic issue and makes no mention of lack of access to literature. He also lived in Tzfat and endured the same plague. In fact, we know Rabbi Karo fled Tzfat during the plague to live in the village of Birya.[25] It is in Birya in 1555 that he completed the first volume of his Shulhan Arukh. While the Shulhan Arukh was only first printed in 1565 in Venice, the colophon of each volume reflects the date and place of its completion.

Colophon at end of the 1565 edition of the first volume of Shulhan Arukh:

By the time he had completed the second volume, Yoreh De’ah, less than one year later, he had already returned to Tzfat, presumably after the cessation of the plague.

Colophon at end of the 1565 edition of the second volume of Shulhan Arukh:

While Rabbi Ibn Verga was clearly a victim of PB, Rabbi Yosef Karo does not appear to have been affected whatsoever. We thus have evidence of the variable prevalence of the condition during the same pandemic.

Mild or Implicit PB

Some cases of Pandemic Bibliopenia are not as explicit or easily diagnosed as those of Rabbis Tzahalon and Ibn Verga. At the same time as the aforementioned were experiencing plague in Northern Israel, Rabbi Moshe Isserles faced advancing disease in Cracow. Rabbi Isserles describes his dire situation in the introduction to his Mehir Yayin, a commentary on Megilat Esther that he wrote for his father-in-law, in lieu of mishloah manot, while in exile in the city of Shidlov.

While Rabbi Isserles does not explicitly refer to Pandemic Bibliopenia, he makes passing references possibly alluding to the condition. For example, he writes:

which means that his intellect still remained, despite his lack of access to an extensive library.

In describing the work, he writes:

Perhaps PB is reflected in his choice of composition, a work relying heavily on his textual analytic skills, and less so on obscure or hard to obtain texts, likely unavailable to him in Shidlov.[26]

Furthermore, his qualifying statement,

might reflect a lack of bibliographical resources. Whether this case meets the diagnostic criteria for PB remains a question.

Differential Diagnosis

Pandemic Bibliopenia may possibly be confused with other forms of Bibliopenia. To be sure, many individuals have lost access to their libraries due to personal tragedies,[27] but here I refer specifically to systemic forms of Bibliopenia that impacted entire communities. In these cases authors were similarly deprived access to rabbinic literature, though for entirely different reasons. One such example will suffice.

The Physician Abraham Portaleone was a prominent figure in Renaissance Italy, treating royalty, authoring several medical works.[28] At the age of 62 he suffered a stroke which prompted a reevaluation of his life. He concluded that his affliction befell him as he had not devoted enough of his life to Torah learning. He undertook to write a work on prayer and the Beit HaMikdash which he dedicated to his children. At the end of chapter thirty-two, which discusses the shulhan in the Temple, we find the following comment.

Portaleone notes that, “Perhaps some place in the Talmud Hazal spoke of this, and I am not aware. As a result of the known deficiency [my emphasis] I have not been able to properly ascertain this.”[29] One might erroneously assume that he is referring to Pandemic Bibliopenia as the etiology for his lack of access to the Talmud. In fact, Portaleone is referring to a variant form of the condition, called Censorship Bibliopenia. A review of the entire work of Portaleone, including his introduction, will clarify any confusion.

In his introduction, Portaleone details the nature of his early education, and recalls how while a student studying Talmud with R’ Yaakov MiPano, the infamous decree led to the Talmud “being consumed by fire before our eyes.” This refers to the burning of the Talmud in Rome in 1553.[30] After the initial burning of the Talmud in Rome, other Italian cities followed suit with their own citywide burnings. Portaleone was witness to one such event. Decades later, as he penned his classic work, Shiltei haGibborim, the Talmud still remained largely unavailable in Italy. Portaleone was forced to use substitute works that alluded to or quoted the Talmud, if available, but sometimes the information was simply not accessible. One such example is his discussion of the Shulhan above.

In one remarkable instance Portaleone reveals his elation at being able to acquire a bona fide Talmudic reference. He writes that after he completed the chapter on the Lishkat haGazit (Chamber of Hewn Stone), God ordained (hikra) that he happen upon a wise man from the city of Tzfat (where the Talmud was available) who had come to Italy to seek financial support for his family. “From his mouth I heard the sugya in the second chapter of Yoma on the laws of the Lishkat haGazit, and I write them here for you (my children) from his mouth…”[31]

In yet another place he excitedly relates of his accessing a small passage from Tractate

Chagigah from a tattered manuscript remnant in the library of a great Torah scholar (Gaon) of Verona.[32] All of these instances are examples of Censorship Bibliopenia.

Treatment

During previous pandemics, in the pre-modern era, PB was considered untreatable. Fortunately, however, it was temporary and ultimately resolved with the cessation of the pandemic. Today, however, the treatment for PB is readily available and inexpensive, though its safety has been called into question. Despite the fact that the understanding of disease transmission has evolved, people still, if feasible, flee their homes in urban areas for less populated locations. As such, they could still be susceptible to PB. However, PB is now completely remediable through internet access to Rabbinic literature.[33] Not only is virtually the totality or rabbinic literature widely and freely available for scholars (rabbis, poskim and laymen) via the internet, facilitating the production of quality work; the publication and dissemination of these works can be accomplished with ease on the internet as well. It is only today, in the midst of the current Covid 19 pandemic, that we are witnessing the eradication of PB. As a result, there have likely been more pages written of rabbinic discourse (both halakhic and aggadic, related to the pandemic or not) during the present pandemic than during all previous pandemics combined.[34]

Conclusion

Pandemic Bibliopenia is an underrecognized phenomenon in Jewish history. In addition to the medical impact of pandemics in the past, our ancestors experienced spiritual and intellectual suffering by being deprived access to the Torah library, our life blood. Today, however, even in the midst of a worldwide pandemic, while libraries have shuttered, and some have fled their homes, there has been little diminution in the access to rabbinic literature. As the world may never again experience Pandemic Bibliopenia and the unique literary impact of plagues and pandemics, it behooves us to recall it in appreciation that despite the many adversities associated with this pandemic, loss of access to our beloved Torah literature is not counted among them. Not only have we eradicated Pandemic Bibliopenia, it appears to have been replaced with a new diagnostic category, Pandemic Polybiblia,[35] though in this case, fortunately, a healthy and desired condition. May we be zokheh to the continuation of Polybiblia without any associated pandemics in the future.

[1] Isaac Canpanton (15th century), Darkei HaGemara. This oft quoted phrase refers specifically to the purchase of one’s own seforim. I take literary license with its use here.
[2] My addendum.
[3] This condition has been variously called epidemic or plague bibliopenia. We use the term pandemic in light of the present Covid 19 pandemic.
[4] See Eliezer Brodt, “Towards a Bibliography of Coronavirus-related Articles and Seforim written in the past month (updated), Black Weddings and others Segulot,” Seforimblog.com (May 4, 2020).
[5] The proliferation of literature specifically related to the pandemic is also noteworthy and unprecedented but is not the focus of this article. On the history of literature written during times of plague, see Abraham Yaari, biOhalei Sefer (Reuven Mass, 5699), 82-90. The other essays in this volume chronicle the impact of various natural occurrences, such as fires, and personal experiences, such as imprisonment, miraculous salvation, or infertility, on the writing of Hebrew books.
[6] The etiology may be related to either closure of public libraries, which is a more widespread form PB, or due to required or elective relocation away from one’s personal library to remote areas devoid or deficient of seforim.
[7] Plague and the migration to the rural areas affected not just the writing, but the printing of Hebrew books as well. See Yaari, op. cit.; Avraham Haberman, Perakim biToldot haMadpisim haIvrim (Reuven Mass: Jerusalem, 5738), 314.
[8] Mishnah Ta’anit 3:4.
[9] See Yaari, Moshe Dovid Chechik and Tamara Morsel Eisenberg, “Plague, Practice and Prescriptive Text: Jewish Traditions on Fleeing Afflicted Cities in Early Modern Ashkenaz,” Journal of Law, Religion and State (2017), 1-27. I thank professor Susan Einbinder for bringing this article to my attention.
[10] For poetry in times of plague, see Susan Einbinder, After the Black Death: Plague and Commemoration Among Iberian Jews (University of Pennsylvania Press: Philadelphia, 2018). idem, “Poetry, Prose and Pestilence: Joseph Concio and Jewish Responses to the 1630 Italian Plague,” in Haviva Yishai, ed., Shirat Dvora: Essays in Honor of Professor Dvora Bregman (Ben-Gurion University: Beer Sheva, 2019), 73-101; idem, “Prayer and Plague: Jewish Plague Liturgy from Medieval and Early Modern Italy,” in Lori Jones and Nükhet Varlik, eds., Death and Disease in the Medieval and Early Modern World: Perspectives from Across the Mediterranean and Beyond (York Medieval Press, 2021), forthcoming.
[11] We do not address here the impact of disease and illness on literary output.
 [12] On Tzahalon, see, Shimon Vanunu, Arzei Halevanon (Jerusalem, 5766), 862-865; Shalom Hillel “Sefer Magen AvotRabbeinu Yom Tov TzahalonMekabtziel 33 (Kislev, 5768), 10. Vanunu lists all the references discussed below.
[13] Here we do not address the substance of the responsa, rather focus on the impact of PB on the author. I mention the responsa in number order, assuming this is chronological.
[14] Tzahalon’s Talmudic commentary was first published by his grandson in Venice, 1693, where it appears after the former’s responsa. A corrected and annotated version of the Talmudic commentary was published by S. Mertzbach in Benei Brak in 5752.
[15] This was written in the manuscript in the middle of his commentary on the fifth chapter of Bava Metzia, but is printed separately as n. 14 as part of his responsa.
[16] His son’s death does not appear to have been plague related, as he recounts that his son was perfectly healthy just prior to his death.
[17] The delayed burial generated a question for Rabbi Tzahalon as to which day was considered his first day of mourning and thus whether he should put on tefillin.
[18] On Palachi, see Shimon Aryeh Leib Eckstein, Toldot haHabif (Halevi’im Press: Jerusalem, 5759). All of the citations mentioned he are referenced on p. 183, n. 17.
[19] See also his Nishmat Kol Hay, vol 2, E. H., siman 3, page 6.
[20] (Izmir, 1840), H. M., n. 14, p. 88b.
[21] This Yehuda Ibn Verga is not to be confused with the Spanish historian and kabbalist of the fifteenth century.
[22] Rabbi Yosef Karo, Avkat Rokhel, 99 and 100.
[23] 84:3.
[24] If I am reading this correctly, it seems that Ibn Verga was still in Tzfat when he wrote this but had sent his library ahead to his location of exile.
[25] See R. Ephraim Greenblatt, “B’Inyan Kiddush Levanah,” Noam 12 (5729), 113. Birya can be seen on the map above, between Tzfat and Par’am.
[26] This work does reference texts from the Talmud and Tanakh as well as the Rambam’s Moreh Nevukhim. These may have been his available texts.
[27] See, for example, Yehuda Rosenthal, “ The History of the Jews in Poland in Light of the Responsa of the Maharam of Lublin,” (Hebrew) Sinai 31:7-12 (NisanElul, 5712), 320 regarding Maharam miLublin and his limited access to his library due to a fire in Cracow.
[28] On Portaleone, see H.A. Savitz, “Abraham Portaleone: Italian Physician, Erudite Scholar and Author, 1542-1612,” Panminerva Medica 8:12 (December, 1966), 493-5; S. Kottek, “Abraham Portaleone: Italian Jewish Physician of the Renaissance Period- His Life and His Will, Reflections on Early Burial,” Koroth 8:7-8 (August 1983), 269-77; idem, “Jews Between Profane and Sacred Science: The Case of Abraham Portaleone,” in J. Helm and A. Winkelmann (eds.), Religious Confessions and the Sciences in the Sixteenth Century (Brill, 2001); A. Berns, The Bible and Natural Philosophy in Renaissance Italy (Cambridge University Press, 2014).
[29] End of Chapter 32.
[30] See Menachem Butler, The Burning of the Talmud in Rome on Rosh Hashanah, 1553 theTalmud.blog (September 28, 2011).
[31] Chapter 23, p. 109.
[32] For discussion of these cases, see Y. Katan and D. Gerber, eds., Shiltei haGibborim (Machon Yerushalayim, 5770), 28-29.
[33] See Jacob J. Schacter, “The Challenges and Blessings of the Internet: Technology from An Historical Perspective,” Jewish Law Association Studies, vol. 29 [The Impact of Technology, Science, and Knowledge] (2020), 5-20. Rabbi Dr. Schacter highlights some striking parallels regarding challenges created by the development of printing and the development of the internet.
[34] I admit being guilty of contributing to this phenomenon.
[35] The diagnostic criteria for this new entity have not yet been adequately formulated and will require a fuller evaluation with the passage of time. A preliminary definition has been proposed: The proliferation of rabbinic works relating to pandemics written in the midst of the pandemic itself.




Marc B. Shapiro – Rabbis and Communism

Rabbis and Communism
By
Marc B. Shapiro
I had intended my newest post to be on the Rav’s famous essay “Confrontation,” but I recently received the latest issue of Tradition with Rabbi Yitzchak Blau’s article “Rabbinic Responses to Communism,” so let me make a few comments about it. First, I must say that it is a good read, like all of Blau’s writing, and I was impressed with the range of topics he attempts to tackle. My only suggestion for improvement would have been to examine the larger context of Jewish communist anti-clerical sentiment, which made it very hard for the rabbis to be sympathetic to communism.
Yet this anti-clerical feeling did not arise in a vacuum. Quite apart from the traditional Marxist aversion to religion, the rabbis, like their non-Jewish religious counterparts, were generally aligned with the aristocracy, who paid their salary and took their sons as marriage partners for their daughters. The rabbis were thus seen as standing in the way of economic justice. In fact, there has been a long plutocratic tradition in the Jewish world, which meant complete disenfranchisement of the poor from all communal decisions. I don’t know of any Jewish community in history where people who could not afford to pay taxes were given communal voting rights. (This would be the modern equivalent of not giving welfare recipients the right to vote – wouldn’t the Republicans love to make this the law of the land!)
R. Samuel de Medina goes so far as to argue that the wealthy are qualitatively superior to the poor, citing in support of this horrible notion Eccl. 7:12: “For wisdom is a defense, even as money is a defense.” For him, money and wisdom are two sides of the same coin. [1] He also gives another proof to support his pro-wealth point of view. Gen. 41:56 states: “And the famine was over all the face of the earth (פני הארץ).” Upon this the Midrash comments that the face of the earth refers to the rich people (Tanhuma, ad loc.). From this we see, says de Medina, that the rich are at the head of the community and everyone else in the rear, not a position from which one leads.[2] As he puts it (and note how the poor and the ignorant are treated as one group):
Accepting the will of the majority, when that majority is composed of ignorant men, could lead to a perversion of justice. For if there were one hundred men in a city, ten of whom were wealthy, respected men, and ninety of whom were poor, and the ninety wanted to appoint a leader approved by them, would the ten prominent men have to submit to him regardless of who he was? Heaven forbid, this is not the accepted way (“the way of pleasantness”).[3]
None of this means that de Medina was insensitive to the needs of the poor. This was not the case at all, and he has a responsum in which he requires people to contribute to the building of houses that will be used, among other things, for poor visitors to spend the night.[4] Yet we see in him a sense of paternalism that was common in traditional societies all over the world, and was one of the factors which convinced the lower class that it was time to take matters into their own hands.[5]
When dealing with anti-clericalism in Russia, we must also not forget the masses’ long memory of how some (many?, most?) rabbis were silent during the era of the chappers. This was when children were grabbed for 25 years of military service in the Cantonists, often never again to see their parents and usually succumbing to incessant pressure (including torture) to be baptized. Yet it wasn’t the children of the rich or the rabbis who were taken, but the poor children. Jacob Lifshitz’ defense of the way the Jewish community dealt with the Cantonist tragedy – which he regards as worse than even the destruction of the Temple![6] – and his insistence that no one can judge the community leaders unless they themselves had been in such a difficult circumstance, is something we must bear in mind.[7] Yet all such ex post facto justifications would have no impact on the outlook of those that actually suffered during the Cantonist era, and it is no wonder that many of the common people would not regard the rabbis in a sympathetic light. The rabbis were certainly able to come up with a justification why their sons, the future Torah scholars, should not be taken to the army, just as they continue to make this argument. Yet this would only serve to show the masses that some children’s blood was indeed redder than others.[8]
In his memoir of this era, Yehudah Leib Levin wrote:
“I was relatively calm and personally did not fear the chappers, because my father was an important landlord, distinguished in Torah and highly regarded by everyone. My mother was the daughter of the most famous tzaddik (righteous person) of his generation, Rabbi Moshe Kabrina’at. And I, I was one of the “good children,” a prodigy the likes of whom were not touched by the hand of the masses. Free both of fear and of schoolwork, because the teachers and pupils had all gone into hiding and the chedarim [schools] were closed, I wandered daily around the city streets seeing the little “Russians,” and my heart burst when I realized they were in the hands of non-Jews, who forced them to eat pork – oh dear me!”[9]

Elyakum Zunser was seized when he was away from his hometown. Many years later he wrote:

“Many private individuals engaged in this traffic, seizing young children and selling them to the Kahal “bosses.” Reminiscent of the sale of Joseph by his own brothers, these betrayals occurred daily. Lesser rabbis of small towns assented to such transactions, rationalizing that it was more “pious” to save the children of their own towns than to concern themselves with the fate of strangers.

“Though many important rabbis wept at these outrages, most dared not protest. They were afraid of the consequences if the Jewish community would defy the Tsar’s quota. The rabbis held their positions at the discretion of the Kahal leaders and feared the consequences of displeasing them. They were afraid to be denounced to government officials and exiled to Siberia.[10]”
Michael Stanislawski notes that in one community the communal leaders wanted to grab a poor tailor since he wasn’t observant, but the local rabbi forbid it. Stanislawski also tells us that in Vilna the communal leaders had their sights on a larger prize.
[T]he traditionalist kahal authorities later attempted to forestall the opening of the government-sponsored rabbinical seminaries by drafting the sons of several of its proposed teachers, but this was discovered by the local administration and forbidden.[11]
He also quotes the Hebrew writer Y. L. Katsenson, who describes his grandmother’s shock when she discovered that the chappers in her town were not Gentiles:
No, my child, to our great horror, all khappers were in fact Jews, Jews with beards and sidelocks. We Jews are accustomed to attacks, libels, and evil decrees from the non-Jews – such have happened from time to time immemorial, and such is our lot in Exile. In the past, there were Gentiles who held a cross in one hand and a knife in the other, and said: “Jew, kiss the cross or die,” and the Jews preferred death to apostasy. But now there come Jews, religious Jews, who capture children and send them off to apostasy. Such a punishment was not even listed in the Bible’s list of the most horrible curses. Jews spill the blood of their brothers, and God is silent, the rabbis are silent. . . .[12]
What is incredible is that after all the pressure to convert, some Cantonists remained Jewish. In fact – and here I mention something that I only learnt after my book on R. Jehiel Jacob Weinberg was published – Weinberg’s grandfather was a Cantonist. His father was also a soldier in the post-Cantonist Czarist army.[13] In the book I mentioned that Weinberg’s family was undistinguished, yet if I was writing it now I would speak about how the two generations of army service signifies that this was in fact a very low-class family, and shows how significant Weinberg’s rise to fame was. As I pointed out, while in theory the yeshivot were equal-opportunity institutions, in reality the aristocratic element in them was generally well established and self-perpetuating.[14]
In a strong defense of the rabbis against the charge that they collaborated with the rich people in order to ensure that the poor were taken, R. Moses Solomon Kazarnov calls attention to all that the rabbis did to defend the children of the lower class.[15] But he acknowledges that the rabbis would hand over the non-religious kids, including their own![16] (While I have no doubt that the rabbis joined with the parnasim to hand over the non-religious youth, it strains imagination to believe that there were more than a few who did this with their own irreligious sons.) As Kazarnov puts it (51-52, in words that must cause loathing in any contemporary parent, and I would assume in virtually all parents even one hundred years ago):
והרבנים איפא כבנים נאמנים לתלמודם הורו למעשה את אשר מצאו כתוב להלכה, ותמיד הורו לא אך לאחרים, אך גם לעצמם, אם בניהם לא נהגו כשורה, לנדותם להבזותם ולתת גם את חלקם לטובים מהם; כמה אבות רבנים או חרדים גרידא הנך זוכר קורא יקר, אשר בניהם יצאו לתרבות רעה ואשר התפללו לה’ תמיד כי יחמול ה’ עליהם ויקח את בניהם אלה מהם, כמה מהם השתדלו בעצמם להשיג את בניהם שנתפקרו למען מסרם לצבא תחת יתר בניהם הרודים עם א-ל?
Talk about conditional love! I don’t even want to imagine what it did to the mental state of a child who knew that his father would hand him over to the Czar’s army if he decided that he no longer wanted to be Orthodox. Kazarnov continues:
ואם כן אפוא מי זה יאשימם על הוראתם למסור למלכות לעבודת הצבא את החטאים תחת הכשרים? . . . הלא לא עשו לבני העניים יותר מאשר עשו לבניהם המם. את הכשרים שמרו כבבת עינם, אם שלהם ואם של אחרים, ואת החוטאים מסרו לצבא אם מירכם יצאו או מירך זולתם! . . . במאכלות אסורות ובנבלות, זמה ורשע, בזדונות כאלה שמו החרדים את פניהם להמעיטם מקרב עמם, מקרב משפחתם ומקרב בני ביתם, ומה היא כל החרדה הזאת?
Concerning the general issue of the rabbis being allied with the wealthy, Dan Rabinowitz called my attention to what R. Judah Margaliot wrote in his Beit Middot:
Some of the leaders of Israel do not think of the glory of their Creator but only of their own. They employ all their power merely to terrorize the community. [He then elaborates on how they do this] . . . Do not think that one can turn for help to the great figures of the generation, to our rabbis, whose duty it is to be the protectors and defenders of the people. For they are in league with the oppressors, walk together with the powerful men and rulers of the city, become collaborators of every mischief-maker, give protection to every swindler. They exploit the rabbi’s title and authority for all kinds of evil deeds. Everything obtains the approval of the community rabbi. He who ought to be the guardian of righteousness and justice becomes the protector of robbers and bandits. The righteous judge joins the league of the swindlers. . . . . And these are our judges and lawgivers! Calmly they look on at the robberies and injustices that take place in the community and flatter the rich and powerful from whom every quarrel and plague come.[17]
Returning to the issue of poverty, which de Medina sees as a disqualifier for communal leadership, we can also find more positive evaluations of it. Nedarim 81a tells us not to neglect the children of the poor, for the Torah goes out from them. If you examine the commentaries on this passage you will certainly find those who point out that it is easier for a poor person to study Torah, as he does not have the same attachment to the material world as does the wealthy man, and it is this attachment that prevents one from focusing on Torah. I read these sources as designed to be encouraging. In other words, they are ex post facto judgments of the positive that can be found in poverty, so that people in this unfortunate state don’t think that all is lost.
Yet in the entire history of the Jewish people I don’t know of any source that says that it is good to be poor, and that this is something that one should strive for. In fact, the Talmud states that one who is poor is like one who is dead (Nedarim 64b), and puts poverty in the same category as childlessness, leprosy, and blindness, all things that we hope we never have to deal with. Similarly, R. Phineas b. Hama stated: ”Poverty in one’s home is worse than fifty plagues” (Bava Batra 116a). In Eruvin 41b extreme poverty is listed as one of the three things that “deprive a man of his senses and of a knowledge of his Creator.”
The notion that it is harder for a rich person to get into heaven than to put a camel through the eye of a needle has never been a Jewish teaching, and Jews have regarded wealth as a blessing. It is a challenging blessing, but a blessing nonetheless.
Yet when questioned by those who pointed out how difficult poverty is for the kollel students in Israel, R. Aryeh Leib Steinman responded with what, to my knowledge, is a completely new approach, one which idealizes poverty in a manner not very different than the Christian notion of “Blessed be ye poor, for yours is the kingdom of God.” (Luke 6:20):
While everyone must distance themselves from unnecessary expenditures and luxuries just as they would be careful of fire, Bnei Torah have an especial obligation as the simple life is recommended for acquiring Torah, and they have it better if they live a life of simplicity and tsnius, and even poverty and want. It says: This is the way of Torah – eat bread with salt. But it is important to stress that what is necessary is strengthening emunoh and dedication to Torah. One should definitely not look for solutions that might cause avreichim to leave learning, G-d forbid.
I was asked if it would be a good idea to open offices for chareidi men in the large chareidi cities so that they could work in an appropriate atmosphere. It is obvious that the idea is a bad one though the intentions are good. The fact that the workplaces would be especially suited to the needs of chareidi men, and set up by chareidi people, might encourage people in difficult financial situations to leave learning. It is a spiritual stumbling block for the community at large. It would be terrible even if it would cause just one man to leave full-time learning. . . .
What are the effects of poverty? The answer is that it is better to be poor than to be rich, as Torah comes forth from the poor; they are the ones that become talmidei chachomim. The Jewish People has always undergone difficult trials. Historically, it’s been the poor people who have maintained their commitment to Judaism, despite the difficulties. It was among the rich people that some failed to withstand the temptations and trials. They are the ones that lost their children and grandchildren to Torah. It was the poor who remained especially steadfast in their dedication.
I have personally witnessed, and history testifies, that in all of the places where people learned Torah in poverty, they were able to maintain the Mesorah. In the places where the people had a comfortable standard of living, their learning was not immune to the Haskalah’s influences and many abandoned the Jewish and Torah way of life.[18]
Returning to Blau’s article, I was happy to see that he cited R. Jacob Emden who expressed admiration for shared property. I would just note that as with so many other issues in his writings, Emden had an alternate opinion as well, and here he comes out looking like his contemporary, Adam Smith. Emden explains how poverty is essential to a successful economic order. He notes that without the motivating factor of those who are in need – what Gordon Gekko would call “greed”[19] and what others will call “self-interest” – no economic progress will ever be made. If people are not able to improve their economic state, they will not take the risks that stand behind all new ideas and discoveries, which are precisely what keeps the economic engine of a society going. Communism, which took away the hope of personal gain, stifled all of this creativity.
Showing keen insight, Emden writes that if everyone had sufficient economic security, no one would travel on ships to far-away places and bring back the goods that are so important to people, no one would agree to do the back-breaking work required to build society’s great structures, and no one would take the time to come up with new inventions such as clocks and מחזות, which Azriel Schochet[20] suggests means glasses but I think telescopes is just as likely.
The passage appears in Birat Migdal Oz, 138b, but since the edition I have access to (on Otzar ha-Hokhmah) does not have page nos., I will cite it as it appears in Schochet, Im Hillufei Tekufot, 224-225:
והפלא מהשגחת הבורא הפרטית לתועלת עולמו ולהשלים תקנת בני אדם דרי תבל למלא חסרונם בהמצא בהם עניים ודלים. כי זולתם לא היתה הארץ נעבדת לתת יבולה ופריה, ולא היו מתגלים מחצבי הכסף והזהב ואבנים יקרות וסממני הרפואה ומיני הצבעים הנחפרים מן הארץ להודיע טובה ושבחה ושפעה הרב, לא תחסר כל בה. ואם היו כולם שבעים ומושפעים בשוה לא היה אחד מהם טורח להשיג דבר מן הדברים הנזכרים, ואצ”ל שלא היה שום אדם מסכים לרכוב אניות ולדרוך אניות להביא לחמו ממרחק ולמלא חסרון המדינות נעדרי התבואות והדברים היקרים וראשי בשמים והסמים הפשוטים, ולא היה מי מהם שירצה להעמיס על עצמו המלאכות הכבדות כבנית הבנינים הגדולים והיכלות תמלכים ומגדלים, ערים בצורות וחפירות הבורות והבארות, והיה העולם שמם. וכל שכן שלא היה אחד טורח בשכלו ובכח ידו להמציא תחבולות ואומניות נפלאות, כמו כלי השעות והמחזות והדומה להם מהאריגה והציורים ופתוחי חותם, והרבה מה שיארך זכרו, ולא היה ניכר שוע לפני דל, ובסיבת העוני ישיגו בני אדם כל הטובות הגדולות הרבות ההנה, והעני והחסר ישיג בהם די מחיתו והשלמת חסרונו ברצונו. מלבד מה שישיגו ע”י כך אורחות חיים כי יחלץ עני בעניו ע”י שנצרף בכור העוני, והעושר זוכה בו ומהנהו מנכסיו, מאיר עיני שניהם ה’.
I was also happy to see that Blau mentioned R. Jehiel Jacob Weinberg’s views, although he overlooked Li-Frakim (2002 ed.), 578-582 and Kitvei ha-Rav Weinberg, vol. 2, 404-408,[21] the latter of which is devoted to Marx.
As can be expected, the rabbinic figures Blau surveys in his recent article in Tradition were no great fans of communism.[22] He writes: “My research failed to turn up a single Rabbi [!] of recognized stature who endorsed the communist program.”
.יגעתי ומצאתי After the February 1917 Russian Revolution which brought Kerensky to power, the Orthodox formed a group called Masoret ve-Herut. It contained both Zionists and non-Zionists and was supposed to send a delegation to the All Russian Jewish Congress, which because of the Bolshevik revolution never took place. The group also envisioned itself becoming a real political power with the establishment of the new government. On the seventeenth of Tamuz, 1917, over fifty rabbis came to Moscow for discussions about this, including R. Avraham Dov Shapiro of Kovno, R. Abraham Aaron Burstein of Tavrig,[23] R. Isaac Rabinowitz of Ponovezh (R. Itzele), and R. Aaron Walkin of Pinsk. The Hafetz Hayyim sent greetings but was too ill to attend.
Since the masses did not have any property, one of the issues the new group would have to take a stand on was agrarian redistribution. With the Czar overthrown, it was possible to take not just his land but also the land that belonged to the wealthy princes, noblemen, and magnates and redistribute it, and this was certainly what the average person wanted. However, is this in accord with Jewish law? Can one confiscate another’s property? This was a subject of great controversy among the rabbis, and as can be imagined, many opposed this step. R. Itzele got up and, as recorded by R. Judah Leib Graubart,[24] said the following
החלק הפוליטי נחוץ, כי על ידו נמשוך את בני הנעורים והרחוב להסתדרותנו. גם הלא אנו רואים, כי כלל ישראל חפץ בו, בוודאי מאת ד’ הייתה זאת. וכלל ישראל הוא גבוה ונעלה מגדולי התורה. ישראל אם אינם נביאים, בני נביאים הם.
In other words, if the Jewish people think that the concentration of land in the hands of a minority is unjust and should be redistributed, even if the rabbis claim that redistribution of the land is robbery, the opinion of the Jewish people overrides that of the rabbis.[25] Certainly, all would agree that R. Itzele is a rabbi of recognized stature.
Zalman Alpert called my attention to Jacob Mark’s discussion of R. Itzele in his Bi-Mehitzatam shel Gedolei ha-Dor, 116. Mark mentions that R. Itzele was greatly respected by the radicals (which included at least one of his own sons who was arrested in 1905 for revolutionary activities).[26] He was also very interested in socialism and carefully went through Marx’s Das Kapital. He was greatly impressed by Marx’s ideas, yet Mark notes that he commented: “I cannot agree with his positions, because they oppose the Torah law that protects private property.” I don’t deny that he said as much to Mark, but as we see from Graubart’s book, at the time of the Revolution he had a different perspective.[27] As to how, from a halakhic standpoint, he could have supported redistribution of wealth if the Torah protects private property, this is not a difficult problem. After all, as far as the Rabbis are concerned, governments have the right to engage in all sorts of taxation and redistribution of wealth.[28]
Eliezer Brodt called my attention to R. Moshe Shmuel Shapiro, Rabbi Moshe Shmuel ve-Doro (New York, 1964), 134-135, who tells an interesting story about R. Menashe of Ilya, one of the great students of the Vilna Gaon. (I can’t say whether the story is apocryphal.) R. Menashe was greatly bothered by the terrible poverty in the Jewish community and came up with a revolutionary idea long before Marx. He proposed organizing a meeting of all the great rabbinic and lay leaders in the Jewish community, and their job would be to divide the Jewish wealth evenly. By doing so, the poverty problem would be solved and all would be equal. It is said that he turned to R. Hayyim of Volozhin and asked him to put his stature behind such a gathering. R. Hayyim replied that he is willing to be involved in one half of the program, i.e., the part where the poor receive the money, but the second part, in which the rich have to give up their money, he leaves to R. Menashe. Supposedly, R. Menashe understood from this answer that his plan had no hope.
R. Judah Leib Ashlag was another great rabbi who supported communism (see here ). It is very ironic that today Ashlag’s torch is carried by a few capitalist entrepreneurs, who have become very rich through the Kabbalah Centre.[29]
Isaac Steinberg, while not a rabbi, is a figure that should be mentioned. He was a leader of the Social Revolutionary Party and served as commissar for law in the first Soviet government. There is a lengthy article and picture of Steinberg in the Encyclopedia Judaica. Here is another picture of him.
Steinberg was also an Orthodox Jew. His ability to combine revolutionary views and Torah might be due to the influence of his teacher, the brilliant Rabbi Shlomo Barukh Rabinkow, who was himself “a convinced socialist and revolutionary.”[30]
Abraham Bick (Shauli) is also worth mentioning. He was the brother of R. Moshe Bick, who was a leading posek in the Bronx and later in Boro Park. (This is incorrect. A family member has pointed out that they were distant cousins, not brothers). An early musmach of RIETS (in the days of R. Moshe Soloveichik), he was well accepted in the haredi world.[31] (I recall how happy I was to once stumble upon his shul in Boro Park, having finally found a place that davened nusach ashkenaz.) The Bick brothers were direct descendants of R. Jacob Emden, and Abraham Bick is known for publishing a new edition of Emden’s autobiography, Megilat Sefer. He also published a biography of Emden, Rabbi Yaakov Emden (Jerusalem, 1974).
As has already been pointed out on at the Seforim blog,[32] Jacob J. Schacter commented about Bick’s biography that “is uncritical, incomplete and simply sloppy. It is barely more useful than an earlier historical novel in Yiddish about Emden by the same author with the same title published in New York, 1946. In general, all of Bick’s work is shoddy and irresponsible and cannot be taken seriously.” In R. Meir Mazuz’s recently published Arim Nisi (Bnei Brak, 2008), 42-43, he strongly criticizes Bick’s edition of Emden’s Zoharei Ya’avetz (Emden’s notes to the Zohar). He was unaware that R. M. M. Segal-Goldstein has an article in Or Yisrael 43 (5756): 208ff., in which he deals with Bick’s fraudulence in this work, and much more. Following this article, Yehoshua Mondshine added his condemnation as well.[33] Schacter’s judgment is that Bick’s work is “shoddy and irresponsible.” While there is certainly a good deal of this, the more serious problem with Bick is that he was a forger, pure and simple. (Unlike Chaim Bloch, he didn’t forge complete works, only small sections of otherwise authentic works)
Bick also has an article on religious life in the Soviet Union[34] and he co-edited a volume of Torah writings of rabbis in the Soviet Union.[35] Yet what is most fascinating is that he himself was a communist, and even published a Hebrew volume on Marx.[36] In his early years he also published two volumes on religious socialism, both of which had contributions from Steinberg.[37] According to one source, his attraction to communism began when he was a young man in Eretz Yisrael, during which time he was also close to R. Kook.[38] In 1947 Bick was even identified in Congressional testimony, before the Committee on Un-American Activities, as being on the board of the communist School of Jewish Studies (Institut far Yidisher Bildung) located in New York.[39] In 1950 this institution was placed on the Attorney General’s list of Totalitarian, Fascist, Communist and Subversive Organizations.[40] During World War II Bick was also involved with the Jewish Committee for Assistance to Soviet Russia.[41]
R. Chaim Ozer Grodzinski in a 1923 letter refers to someone whom the communists called “the Bolshevik Rrabbi.”[42] R. Chaim Ozer speaks of him with contempt, and regards him as a phony. Yet this rabbi obviously had an audience, as R. Chaim Ozer writes as follows:
וגם בהיותם פה דרוש דרש כמה פעמים והי’ מטיף להתאחדות הסוחרים הקטנים ללמוד מלאכה, ובתוך הדברים הרבה להטיף בשבח הקומוניסטים ולהביא ראי’ מן התורה ומדברי חכז”ל לשיטתם.
Wouldn’t it be interesting to know whom R. Chaim Ozer was talking about? The reason we don’t know is because the editors of the volume have removed the name. Unlike the Chazon Ish’s letters, names are not generally removed in the letters of R. Chaim Ozer. Does the fact that in this case the name was removed mean that we are dealing with someone who is not an unknown figure, maybe someone who later regretted his actions and became a more conventional rabbi? I have no doubt that examination of the Yiddish press of the period would enable one to identify the figure pretty easily.
In fact, thanks to Zalman Alpert’s assistance, I suspect that R. Chaim Ozer was referring to R. Chaim Faskowitz. Faskowitz studied in Eishishok, Lida, Slobodka and Brisk. He then was a preacher in Vilna and later served as a rabbi in Star-Daragi and Minsk before going on Aliya. He was known as the “Red Rabbi” for his sermons supporting the Soviet Union.[43]
Yet for the best of all quotes in this regard, one which really needs to be unpacked, no one can do better than R. Kook (Shemonah Kevatzim 1:89-90):
הנשמה הפנימית, המחיה את השטה הסוציאלית כפי צורתה בימינו, היא המאור של התורה המעשית, במלא טהרתה וצביונה. אמנם שהשטה בעצמה עומדת היא באמצע גדולה, ואיננה יודעת עדיין את יסוד עצמיותה. אמנם ימים יבאו ותהי למוסר נאמן לאמץ התורה והמצוה, במלא שיגובם וטהרתם.
האנרכיה היא נובעת מיסוד יותר נעלה מהסוציאלי[ו]ת. איננה יסוד לתורה המעשית וקיומה, כי אם להדבקות האלהית, העליונה מכל מעשה וסידור חיובי. על כן היא עוד יותר רחוקה ממקורה, שהוא עומד רחוק מאד משפלות החיים של ההוה, מהסוציאליות, ובמצבה של עכשיו, ומצב החיים של ההוה, היא פרועה כולה, למרות הניצוץ האלהי הנשגב המסתתר בתוכיותה.
Regarding opposition to communism, the following interesting passage is found in Eliezer Zweifel, Sanegor (Warsaw, 1885), 164:
הרב הגדול ר’ יוסף חיים קרא אבד”ק וולאצלאוועק יאריך ה’ ימיו, אמר לי שלדעתו כנו חז”ל את כת הקומוניסטים בשם ע”ה, והם אותה האומרים כיס אחד יהיה לכולנו והכל יהיו עמלים לאמצע, וכמו שהממלכות שבימינו מוצאות אנשי הכת הזו להורסים שלום המדינה, ולמנתקים קשרי החבורה האנושית, כן הרחיקו חז”ל את החבורה המזקת הזו, ולפי דעתו השערתו זו מבוארת היא בדחז”ל עצמה, שהם ז”ל הגדירו תאר ע”ה בזה, באמרם בפרקי אבות, שלי שלך ושלך שלי עם הארץ ע”כ. הנה כללו את כל השטה הזו במלות קצרות, ע”כ.
Returning to Graubart’s Sefer Zikaron, it is actually quite a fascinating text and an important source for Orthodox history during the final days of Czarist Russia and the post-Revolution era. In addition, he includes letters from various rabbis and descriptions of numerous figures in East European Jewish life. He also records the following joke in the name of R. Solomon Zalman Lipshitz (1765-1839), the first chief rabbi of Warsaw (217):
מחבר “חמדת שלמה”, הרב מוורשה, כתב מכתב לרב אחד ויתיארהו בשם “גאון”. וכאשר נשאל: “מה ראה על ככה, הן האיש ההוא אין העטרה הולמתו”? השיב בבדיחות: “הלא הגאונים )אחרי רבנן סבוראי) לא ידעו מה שנאמר ברש”י ותוספות וכמוהם כמוהו איננו יודע. ואם כן, הוא משרידי “הגאונים” הקדמונים.
On the previous page, Graubart asks where the practice arose of addressing people with all sorts of elaborate titles that are a standard feature of the rabbinic literary world, especially in the introductory sections of letters. His answer is very interesting and also relates to the issue of sensual medieval Hebrew poetry, which I have mentioned in a few previous posts at the Seforim blog:
וקרוב לאמת, כי זאת השפעה מן הערביים, שהיו מספיקים בגוזמאות והפרזות, וכמו שחקו אותם משוררינו הספרדים לפנים בשירי יין ואהבה, אף שהמשוררים ההם שתו יין ארבע כוסות אחת בשנה ומעודם לא טעמו טעם חטא, ורק מודה ספרותית היתה בזה.
With regard to elaborate titles and the extreme respect generally shown to halakhic authorities with whom one disagrees, it is worth noting what appears in the recently published Or Bahir of R. Moses Samuel Glasner, concerning whom has recently been two posts on the Seforim blog (here and here). He writes (25):
הסיבה לזה הוא שבדורנו השפל האמת נעדרת, ואין מי שיתחמם בעבורה כבדורות שלפנינו, ולעומת זה גדלה החנופה, ובשלה פרי רעל לדבר אחד בפה ואחד בלב, ומלא הארץ חנף וצביעות בתוארים שונים מגוזמים ומופרזים המחרידים אוזן השומע ועין הקורא.[44]
As I mentioned, Graubart’s book is fascinating reading, but I think many will be upset by the reason he gives for the exclusion of women’s testimony in court (208):
להרוג נפש או להוציא ממון מבעליו, צריך עדות ברורה ואין לסמוך על דברי נשים, שטבען נוטה לדמיונות, הזיות וגוזמאות והן רפות רוח ורכות לבב; ויוכל היות כי מה שאומרות ומעידות שראו עיניהן, הן מרבין לשער אומדות.
To support this understanding he also quotes a few non-Torah sources. One is Josephus who wrote: “Let not the testimony of women be admitted, on account of the levity and boldness of their sex” (Jewish War 4:8). He also quotes Socrates who is said to have made three blessings every day, one of which was that he was not made a woman. The other two blessings were that he was not made a barbarian or a slave – sound familiar?[45]
(To those women who are bothered by the blessing shelo asani ishah, R. Zvi Yehudah Kook has the answer, but you will have to wait until Messianic days! [Ittturei Kohanim, no. 167 (5759), 4-5]):
[ ]הברכות נקבעו על פי ההרגשה האנושית היחסית . . . לעומת זאת, ההשקפה האלהית, האמת המוחלטת, אינה ענין של הרגשה חולפת, אלא האמת הנצחית מראשיתה ועד סופה. לעתיד לבוא, כאשר גם האדם יכיר את האמת, ויהיה כולו מבחינת “הטוב והמטיב”, לא יוכל לברך “שלא עשני אשה”, שהרי אז יכיר שבניינה של האשה יותר רם, יותר אלהי ופחות אנושי, ממצבו הוא.
Following this logic, what about all those men who even in pre-Messianic days don’t regard women as second class in any way? Shouldn’t they be able to dispense with the blessing as early as tomorrow morning?)
Graubart, 65, also notes that many great scholars make simple grammatical errors וכמעט שלשון .עלגים היא סימן ללמדנות
He then tells the following joke, in the name of the Hakham Zvi, which everyone can repeat at their Passover seder.
רבים שואלים, בהגדה של פסח, למה מגנים ומחרפים את הרשע, על אמרו לכם ולא לו, הלא גם החכם אומר “אתכם” ולא “אותנו” – אך באמת, כונת החכם (הלמדן) הוא “אותנו” ורק מפני טרדתו בלמוד הגמרא והפוסקים הוא טועה בכנויים ומבטא “אתכם” תחת “אותנו” שלא בדקדוק, ואין לחשוד אותו כי בכונה אומר “אתכם”. לא כן הרשע שאיננו עוסק בגמרא, והוא מבעלי הדקדוק ויודע את ההבדל בין לכם ולו וב”דעת” שפתיו ברור מללו, אם הוא אומר “לכם” בכונה הוציא את עצמו מן הכלל.
Graubart also explains why Poland wasn’t blessed with the sort of great figures who were found in Lithuania, men who were able to be true rabbinic leaders and respond to problems as the times demanded. He places the blame with the Hasidim. In a passage that could well be written today (although it would then also have to include the contemporary Lithuanian “courts”) Graubart writes (173):
אבל “רבי החסידים”‘, אשר שפכו את ממשלתם על ההמון, קצצו את כנפי הרבנים ולא נתנו להם להרים ראש ולהראות פעלם והדרם. מפני הרביים רפו ידי הרבנים ולא יכלו לעשות תושיה; ואמת נתנה להגיד, כי לא את הרבי היו יראים לעשות דבר, אך מפני בני הרבי וחתניו, והגבורים שומרי משמרת החצר, השוקלים ומודדים את המעשים והפעולות, אם הם מתאימים עם שיטתם ומטרתם הם, והם אשר נתנו חתיתם על הרבנים ומוראם עליהם, כי כל דבר לא יבצר מהם לכבוד שמים, היינו לכבודם ולכבוד בית אביהם. ומי יקשה אליהם וישלם? והרבנים שפטו, כי אם יפרוץ סכסוך בינם לבין חצר הרבי, אז אף אם לא יהי הנצחון על צד השני, ולא ידיחום משאתם, אבל – הלא תהי מריבה בישראל, וגדול השלום.
Among the ideas of new Masoret ve-Herut organization Graubart helped organize was to open new schools (gymnasiums) where all the Jewish studies would be taught in Hebrew, and also to teach secular studies. Graubart tells us that the Lubavitcher Rebbe, R. Shalom Dov Ber Schneersohn, was opposed. This aroused the anger of R. Itzele who declared that anyone who opposes the approach of Masoret ve-Herut is destroying the nation. Graubart then tells us about his own dealings with the Lubavitcher Rebbe, and reveals a little known historical fact that certainly will never appear in any Lubavitch historical literature (120-121):
הגדתי לו, כי אחשוב שאינו יודע כי רוב אנשי חסידיו, היושבים בערים הגדולות, שולחים את בניהם ובנותיהם לבתי ספר העמים ומחללים שבת. וכאשר שאלני: “מנין אתה יודע, שאין אני יודע זאת?” עניתיו: “אם כן יגדל התמהון יותר; מדוע אתה מתנגד לגימנזיות עבריות, אשר תהיינה תחת השגחת חרדים?” ויחשה ולא ענה דבר.
The approach of the Rebbe is not surprising, and a similar thing occurred in Lithuania where, as R. Dessler explained, the rabbinic elite was prepared to see many “go off the derekh” rather than institute any changes in the “Torah-only” approach that dominated in yeshivot.[46]
Yet Graubart’s own approach is seen in the following, which shows his more enlightened Orthodox perspective (98):
התורה קוראת תגר: למה כל הרופאים והסוללים [47] היהודים אינם שומרי דת? בשום אופן אין אנו מודים, כי מי שהוא מתפלל ומניח תפילין, אי אפשר לו להיות רופא אמן, וכי המדקדק בשמירת שבת ובאכילת בשר כשר, לא יהיה למהנדס ותוכן; כל העבר שלנו מעיד נגד זה: רב סעדיה גאון, רמב”ם, רמב”ן, ר’ אברהם זכות, אברבנאל, ר’ יש”ר, ר’ מנשה בן ישראל, יתנו עדיהם כי לא בחלול שבת – פילוסופיה ותכונה – ולא באכילת טרפה – חכמה הרפואה.
His description (55) of his interaction with R. Joseph Rozin is also worth quoting, as it is line with so many other portrayals of the Rogochover, especially that of Rav Tzair in his Pirkei Hayyim.
הוא איש מופת יחיד בדור (וגם בדור ודור) יודע את כל תלמוד בבלי וירושלמי רש”י תוספות ורמב”ם בעל-פה. מן הראשונים הוא מחזיק לאוטוריטטים רק את רש”י ורמב”ם. הוא מכיר היטב את ערך עצמו ומבטל את גדולי הדור, מזכירם בשמם בלי תואר “רבי” ואיננו חושש להוציא עליהם משפט, שאינם יודעים את התורה כלל . . . הוא איש טוב ותמים כילד: שוקד על למודו תמיד; בהוויות עולם איננו בקי. חסידי לובוויץ מפרנסים אותו, ולא בהרחבה כראוי לשר התורה כמוהו, כי ראיתי כלי ביתו מעטים וקלי-ערך.
Notes
[1]Teshuvot Maharashdam, Orah Hayyim no. 37:
שחמשה או י’ אנשים חשובים עולים לאלף בין מצד החכמה ובין מצד העושר כי העושר קרוב למעלת החכמה . . . שמה שאמרו רוב הוא רוב טובי העיר בעלי כיסים הם מה שנקראים רוב אפי’ הם מיעוט בערך דלת העם מ”מ הם הנקראים רוב . . . והעיק’ לילך אחר רוב מנין כשיהיו רוב בנין דאז ודאי לא יבחרו אלא האמת והיושר משא”כ ברוב ההמון
[2] Note how de Medina is arguing from Aggadah to prove a halakhic point, a fact already discussed by Menachem Elon, “Modes of Halakhic Creativity in the Solution of Legal and Social Problems in the Jewish Community” (Hebrew), Yitzhak F. Baer Memorial Volume [= Zion 44] (1979): 259ff. Since Aggadic sources and darshanut can be easily manipulated to say what one wants, do we not really have here an early version of Daas Torah? The only real difference between the modern exponents of Daas Torah and the earlier ones seems to be that the earlier authorities felt the need to support their opinions, which they came to based on logic and intuition, with Scriptural and Aggadic proofs. The modern exponents often feel no need to offer any justification of their views.
[3] Translation in Menachem Elon, “On Power and Authority: The Halakhic Stance of the Traditional Community and Its Contemporary Implications,” in Daniel J. Elazar, ed., Kinship and Consent: The Jewish Political Tradition and Its Contemporary Uses (Washington, D.C., 1983), 309.
[4] Orah Hayyim, no. 20.
[5] R. Shabbetai Hayyim strongly supported de Medina’s approach. See Torat Hayyim, vol. 2, no. 40.
ופוק חזי בעירנו זאת שאלוניקי עיר ואם בישראל מימי קדם בימי איתני גאוני עולם, הממונים המפקחים על ענייני צבור הם העשירים מביני מדע בעצת החכמים השלמים, ואינם משגיחים על דברי רוב רובי דלת העם, והדעת נותן כן שהרי רוב ענייני הצבור הם בהוצאות ופרעונות ולראות ולדקדק להוציא בעת הצורך ובמקום הצורך שלא יצא הממון לאיבוד, ומי יחוש על זה לכוין ולדקדק חוץ מהם שמוציאים הממון.
Yet this opinion was not unanimous, and the poor found at least one defender in R. Isaac Adarbi, de Medina’s Salonikan colleague. According to Adarbi, only in matters concerning outlay of money do the wealthy have authority. In other matters there is no such discrimination. In line with this understanding, he comes to the defense of a community that ousted its parnasim who were ruling in a dictatorial fashion and not responding to the needs of the poor. See Divrei Rivot, Yoreh Deah, no. 224.
[6] See Zikhron Yaakov, vol. 2, p. 196:
אני קורא מגילת איכה, חורבן בית המקדש, אינקוויזיציות ופוגרומים, משא נמירוב, כל הצרות והפגעים שעמדנו בהם כאין נחשבו נגד גזרת הקנטאָניסטין
[7] See Zikhron Yaakov, vol. 1, 122f
[8] R. Barukh Epstein describes how his grandfather stood up to the chappers. See Mekor Barukh, vol. 2, 964ff. I see no reason to doubt the general thrust of his story, although, as is often the case with regard to Esptein, fictional details have no doubt been added to create a better story. Hayyim Karlinsky, Ha-Rishon le-Shoshelet Brisk (Jerusalem, 2004), 214ff., has a long description of how R. Joseph Baer Soloveitchik (the Beit ha-Levi) also stood up to the communal leaders and demanded to know why only the poor kids should be taken. Regarding the future Torah scholars, see ibid., 217: תועבה נעשתה בעיר סלוצק למסור לעבודת הצבא בן-תורה שעתיד להיות גדול בישראל. As with Mekor Barukh, I see no reason to doubt the basic story Karlinsky presents, but this book – which the author tells us in the preface took him over forty years to write – also has all sorts of fictional details added for literary purposes. One might even say that Epstein, Karlinsky and Judah Leib Maimon, the author of Sarei ha-Meah, are midrashic writers, in that they take a story and elaborate on it, thus creating a nice tale that keeps the reader’s interest. While the original story would leave many things unexplained, the midrashic “historian” provides the answers. For Yehoshua Mondshine’s attack on Karlinsky’s reliability, see here.
In “Polmos ‘ha-Rabbanim ve-ha-Shohetim’ be-Harkov,” Zekhor le-Avraham (1999), 383 n. 10, Mondshine writes the following about Karlinsky’s book:
מבחינת ערכו לתיאור ההיסטוריה, משתווה ספר זה לספרים “מקור ברוך” ו”שרי המאה”, שכל דמיון בין המתואר בהם לבין המציאות הוא מקרי בהחלט.
[9] Larry Domnitch, The Cantonists: The Jewish Childrens’ Army of the Tsar (Jerusalem, 2003), 70.
[10] Ibid., p. 127.
[11] Tsar Nicholas I and the Jews. The Transformation of Jewish Society in Russia 1825-1855 (Philadelphia, 1983), 29.
[12] Ibid., p. 33.
[13] See Malkah Peles (Maisler) Va-Yehi ([Haifa], 1988). I thank Dr. Amihai Mazar for sending me the relevant pages from this privately printed volume. Weinberg was a cousin of the Mazar (Maisler) family (famous for its archaeologists).
[14] See my Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884-1966 (London, 1999), 4.
[15] Ha-Peles 2 (1902): 49ff.
[16] R. Samuel Landau and the Hatam Sofer opposed this approach and believed that that all should be included in the lottery when the community was required to meet a draft quota. (The one exception to this statement is that the Hatam Sofer states that Torah students must be exempted.) See Judith Bleich, “Military Service: Ambivalence and Contradictions,” in Lawrence Schiffman and Joel Wolowelsky, eds., War and Peace in the Jewish Tradition (New York, 2007), 423 (called to my attention by Menachem Butler).
[17] Israel Zinberg, A History of Jewish Literature, vol. 6, pp. 218-219.
[18] See here
[19] See here.
[20] Im Hillufei Tekufot (Jerusalem, 1960), 225.
[21] Volumes 1 and 2 of this set have recently been reprinted. See here.
[22] R. Isaac Bunin, Hegyonot Yitzhak (New York, 1953), no. 2, has a fascinating responsum from 1908, when he was a rabbi in Russia. This was the era of anarchist communists terrorizing the population for “contributions” to the cause. It was this circle that gave us the slogan “From each according to his means, to each according to his needs.” One man decided to shoot the anarchists the next time they came to his town, and the question for Bunin was if he is also permitted to shoot them on Shabbat. The rabbi decided in the affirmative.
[23] Although he is entirely forgotten today, during his lifetime Burstein was regarded as one of the Torah world’s top scholars. Nathan Kamenetsky, Making of a Godol: A Study of Episodes in the Lives of Great Torah Personalities (Jerusalem: Hamesorah Publishers, 2002), 400, quotes a source that “he was considered the third-greatest rosh yeshiva of his time – after R. Hayyim Soloveitchik and R. Itzel Ponivezher.” When R. Jehiel Jacob Weinberg was asked in 1925 about the problem of Austritt, he recommended that his questioner turn to a few different East European gedolim, one of whom was Burstein. See Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 2, 235 (In this letter, Weinberg states that R. Meir Simhah of Dvinsk is a גדול-הדור באמת.) Towards the end of his life, Burstein went on aliyah and taught at Merkaz ha-Rav. His Ner Aharon is currently sold by the yeshiva. See here. Burstein’s son was Reuven Barkat, an important Labor party figure in Israel who also served as speaker of the Knesset. See here
[24] Sefer Zikaron (Lodz, 1926), 107.
[25] See R. Avraham Shapira, Morashah (Jerusalem, 2005), 15.
[26] Mark writes . לר’ איצל היה צער גידול בנים ולא שבע נחת מבניו This is a polite way of saying that his sons did not remain Orthodox, which was a very common phenomenon in those days.
[27] Mark, Bi-Mehitzatam, 118, claims that R. Itzele concluded his speech at the Moscow gathering by stating that the government should only be able to remove property from landowners if payment was made, but this is not what appears in Graubart’s record of his speech and I don’t believe it is correct.
[28] R. Joseph Elijah Henkin used this logic in his defense of rent control laws, which are a terrible intrusion into the rights that a landlord has over his private property. R. Henkin wrote as follows, unfortunately falling into some Democratic class warfare rhetoric (Kitvei ha-Gaon R. Yosef Eliyahu Henkin, vol. 2 [New York, 1980], 175):
חוק הדירות של הממשלה הוא ישר, מתוקן ומקובל בפרט בערים הגדולות, כי הוא מכוון נגד מפקיעי שערים ופושטי עורות עניים. ואף שלפעמים נראה כעול נגד בעלי בתים שאינם עשירים, הנה כן דרך החוק שלפעמים נפגע ביושר ואזלינן בתר רובא. ומה שהחק מפלה בין דירות עניים לבתי לוקסוס אינו מגרע כח החק אלא מעדיפו ומטהו אל צד היושר, וכן מה שהחק משתנה מזמן לזמן.
For a recent attempt by rabbis to enforce a rent control scheme, see here, here, and here. There is an inverse proportion between these rabbis’ talmudic knowledge and their knowledge of economics and what drives markets.
[29] Jody Myers has recently published an entire book about the Kabbalah Centre. See Kabbalah and the Spritual Quest: The Kabbalah Centrein America (Westport, 2007).
[30] See Jacob J. Schacter, “Reminiscences of Shlomo Barukh Rabinkow,” in Leo Jung, ed., Sages and Saints (Hoboken, 1987), 102, 106.
[31] There was one time, however, when he broke ranks with them and this created some controversy. When the divorce rates in the Orthodox world began to move up, R. Bick publicly declared that a few dates were not enough to determine that one had found one’s life partner and people should therefore should stop hurrying to get engaged but take more time to get to know each other better.
[32] Dan Rabinowitz, “Mayim Hayyim, the Baal Shem Tov, and R. Meir the son of R. Jacob Emden,” the Seforim blog (January 29, 2008), available here.
[33] See here
[34] “Glowing Embers: Maintaining Religious Life in the U.S.S.R.,” Tradition 24:1 (Fall 1988): 91-103.
[35] Bick and Zvi Harkavy, eds., Shomrei ha-Gahelet: Divrei Torah me-et Rabbanei Berit ha-Moatzot ve-Artzot ha-Demokratyah ha-Amamit (Jerusalem, 1966).
[36] Netser mi-Shorashav: Motsa’o ve-Olamo ha-Yehudi shel Karl Marx (Tel Aviv, 1984). See also his Me-Rosh Tzurim: Metaknei Hevrah al Toharat ha-Kodesh: Shalshelet ha-Yuhasin shel Avot ha-Socialism (Jerusalem, 1972), and “Between the Holy Ari and Karl Marx” (Hebrew), Hedim 110 (1980): 174–181. I don’t have access to the volume at present, but in Shvut 7 (1980), Bick also has an article on the Jewish roots of various communist figures.
[37] Grunt-Printsipn fun Religyezn Sotsyalizm (New York, 1938), Kemper un Hiter: Di Sotsyaletische Idee in der Yidisher religyezer Literatur un Lebn (New York, 1940).
[38] See here
[39] See here
[40] See here and here

[41] See here

[42] Iggerot R. Chaim Ozer, vol. 2, 69.
[43] See David Tidhar,Entziklopeyah la-Halutzei ha-Yishuv u-Vonav, 1875.
[44] Just glancing through the book, I also found a fascinating passage on p. 31. Here Glasner daringly suggests that the reason for keeping kabbalistic considerations out of halakhic decision-making – and he is referring specifically to a pesak of R. Hayyim Halberstam – is that it permits non-halakhic subjectivity to enter the halakhic process.
ומי שמכוון פסקיו לחכמת הקבלה, מי יודע איזה רעיון קדמה בזמן. ואם הוא מופשט מן החומר וקרוב לשמים ואדוק בעולמות העליונים קרוב לודאי שרואה תחילה בסוד אלקי, וממילא משוחד הוא לכוון ולהתאים הנגלה להאי סוד שראה. לכן לאו דסמיכנא הוא מהאי טעמא גופא.
For a discussion of R. Halberstam’s perspective on the role of Kabbalah on halakha, see Iris (Hoyzman) Brown, “Rabbi Hayyim Halberstam of Sanz: His Halakhic Ruling in View of His Intellectual World and the Challenges of His Time,” (PhD dissertation, Bar-Ilan University, 2004), 162-164 (chap. seven).
[45] See Martin Hengel, “The Interpenetration of Judaism and Hellenism in the pre-Maccabean Period,” in W. D. Davies and Louis Finkelstein, eds., Cambridge History of Judaism (Cambridge, 1989), 184. R. Aharon Lichtenstein commented that some people, upon learning of Socrates’ blessings and the corresponding Jewish blessings, will find that their attitudes towards the latter are “undermined.” He continues: “A different mentality could of course, as did Newman analogously, revel in the scope of its tradition’s prevalence – even if, as with respect to gender here, for radically different reasons – and not feel threatened at all.” See “Torah and General Culture: Confluence and Conflict,” in Jacob J. Schacter, ed., Judaism’s Encounter with Other Cultures: Rejection or Integration (Northvale, 1997), 278. I am certain that R. Lichtenstein knows that there are indeed voices in the “tradition” that approximate the common Greek view of women. R. Lichtenstein is in general opposed to positing outside influences on Hazal’s outlook. See, for example, the following (“Of Marriage, Relationship and Relations,” in Rikvah Blau, ed., Gender Relationships In Marriage and Out [New York, 2007], 23):
To be sure, post-Hazal gedolim, rishonim, or aharonim may be affected by the impact of contact with a general culture to which their predecessors had not been exposed and to whose contact and direction they respond. Upon critical evaluation of what they have encountered, they may incorporate what they find consonant with tradition and reject what is not. In the process, they may legitimately enlarge the bounds of their hashkafa and introduce hitherto unperceived insights and interpretations.
Note how outside influence upon Jewish thought is limited to the post-Hazal era. While this may be good theology, and in some circles is even viewed as obligatory, it is certainly bad history. To mention only one example, Yaakov Elman’s groundbreaking work is revealing all sorts of influences that provide us with a completely new picture of talmudic law and thought. See Yaakov Elman, “The Babylonian Talmud in Its Historical Context,” in Sharon The Talmud in Translation” in Sharon L. Mintz & Gabriel M. Goldstein, eds., Printing the Talmud: From Bomberg to Schottenstein (New York: Yeshiva University Museum, 2005), 19-27; now available online here.
[46] Mikhtav me-Eliyahu, vol. 3 (Jerusalem, 1963), 355ff.
[47] I have no idea what this word means, but it clearly refers to some white-collar profession.



Barukh Dayan Ha-Emet: Rabbi Dr. Noah Rosenbloom

For those who have not seen the obituary notice in the New York Times (Aug 14, 2007; B6), the Seforim blog records the passing of Rabbi Dr. Noah Rosenbloom, a pulpit rabbi for over fifty years and longtime faculty member at Yeshiva University’s Stern College for Women.

He was the author of Luzzatto’s Ethico-Psychological Interpretation of Judaism: A Study in the Religious Philosophy of Samuel David Luzzatto (New York: Yeshiva University, 1965); Tradition in an Age of Reform: The Religious Philosophy of Samson Raphael Hirsch (Philadelphia: Jewish Publication Society, 1976); Malbim: Exegesis, Philosophy, Science and Mysticism in the Writings of Rabbi Meir Lebush Malbim (Hebrew; Jerusalem: Mossad ha-Rav Kook, 1988), among other scholarly articles and books.

Noah Rosenbloom received his rabbinic ordination from RIETS and his graduate dissertations were entitled: “The God-Ideas of the Leading Hebrew Poets During the Period 1933-1948” (PhD, New York University, 1958) and “The ‘Taz’ and Its Author: A Study of the Life and Work of Rabbi David Halevi, author of the ‘Turei Zahav'” (DHL, Yeshiva University, 1948).




R. Reuven Margulies I

First, I want to post a bibliography of R. Margulies’s works and then I shall discuss some biogrpahical details in the next post. This bibliography is not a scientific one in that I do not attempt to list every edition. Rather, I am listing just the works and some bibliogrpahical information as I see fit. Most of this information comes from Naftali Ben Menachem’s bibliogprahy of R. Margulies’s books which was printed in Sefer Margolious.

1) Toldot Adam (Lemberg 1912) on R. Shmuel Edels
2) Kav Besamim (Lemberg 1913) 102 notes on Tosefot
3) Drush l’yom ‘alot ‘al kesi moshlim ‘adonanu haKeiser Karal haRishon (Lemberg 1918)
4) Kavi Ohr (Lemberg, 1921) laws pertianing to Israel as well as articles on history, including yesod hamishna among others
5) Yesod HaMishna V’Arikachto (Lemberg, 1933) on the creation of the Mishna
6) Sefer Hassidim with his notes (multiple printings)
7) Tolodot Rabenu Hayyim ben Atar (Lemberg, 1925), biography on the Ohr Hayyim includes the notes of R. Meir Dan Plotzki (Kli Hemdah)
8) Ohr Meir (Lemberg, 1926), biography of R. Meir from Perlmishiya
9) Margenuta d’Reb Meir (Lemberg, 1926), sayings of the above R. Meir
10) Shealot u’Teshuvot min HaShamyim, R. Margulies’s extensive notes on the teshuvot as well as a comprehensive introduction discussing Torah lo’ Bashmyim and other related topics (multiple printings)
11) Yalkut Margolious ([Lemberg], 1927), derashot of R. Margulies
12) Imrei Kodesh haShalem (Lemberg, 1928)
13) Vikuach Rabbanu Yehiel m’Paris (Lemberg, 1928), with biography of R. Yehiel
14) Shemot v’Kinuim B’Talmud, discussing names in the Talmud, including when two names started, (multiple printings)
15) Helulua d’Tzadika (Lemberg 1929), lifespan and death dates of Tzadikim
16) Vikuach HaRamban (Lemberg, 1928)
17) Yalkut Peninim (Lemberg, 1929), derashot
18) Butzna d’Nehora HaShalem (Lemberg, 1930), about R. Barukh of Metzerich
19) Gevurot Ari (Lemberg, 1930), biography of R. Leib Srhson
20) Toldot Rabbenu Avrohom Mimoni, biography of Rambam’s son, (multiple printings)
21) Rishimah (Lemberg, 193-) list of books in his bookstore
22) Mekor Barukh (Lemberg, 1931), biography of R. Barukh of Metzerich and other historical documents
23) Shem Olam, to reveal the anonymous people in hazal (multiple printings)
24) HaModiah journal
25) Nefesh Hayyia, on Shulchan Orakh multiple printings
26) Hagadah shel Pesach (Tel Aviv, 1937)
27) Shichot Chakhamim
28) Mekor haBerakha discussing blessing and why and when before one does something (recently reprinted)
29) Zohar with his extensive notes (multiple printings)
30) Sibah hisnaguto discussing R. Emden/R. Eybeschitz controversy (very controversial Scholem wrote a pamphelet against this) Tel Aviv 1941
31) Reb Saul Levin M’Ziaf haSefer Besamim Rosh, in Aresehet 1944
32) Malechi Elyon on angels in Hazel (multiple printings)
33) Ollalot various articles (multiple printings)
34) Tikunei Zohar notes, multiple printings
35) Sefer haBahir same as above
36) Zohar Hadash same
37) L’Toldot Anshei Shem b’Lvov, Jerusalem 1952
38) Milchmot HaShem (R. Avrohom ben HaRambam) (including the biography on him) (multiple printings)
39) haRambam v’Hazohar now reprinted in Penini Margolios
40) Sha’ari Zohar collecting relvant passages from the Zohar to Hazal (multiple printings)
41) Margolios HaYam on Sanhedrin (multiple printings)
42) Divrarim b’Itam dershot
43) L’Heker haMisparam beTalmud, Sinai 44
44) Tzioyunim Bibliographim a comprehensive biobibliography in Areshet 1-2,4
45) Tziyunim l’Ha’arot l’Seder haDorot, Sinai 46
46) HaMikrah v’Hamesorah multiple printings
47) Mekharim b’Darkei haTalmud v’Hidosov multiple printings




The Perils of Ignoring Precedent: Alterations in the Kaddish Prayer

The Perils of Ignoring Precedent:
Alterations in the Kaddish Prayer
by Dan Rabinowitz

Recently there has been a renewal in interest in the structure and make up of the liturgy or siddur. While there have previously been critical editions of the siddur or articles on topics related to the siddur,[1] today’s renaissance of the siddur has been precipitated by a different series of events. Specifically, this has been fostered by the publication and republication of some important source material on the topic; these include, among others R. Shabbetai Sofer of Przmysl’s Siddur Rav Shabbetai Sofer and R. Jacob Emden’s Luach Eresh.[2] The Siddur Rav Shabbetai is key in the development of the siddur, in so far that this edition was considered by many to be considered the edition par excellence of the siddur.[3]

While there has been a flurry of source material, at the same time there has been movement in the opposite direction – a movement which tends to ignore this rich legacy and instead has decided issues of the siddur not based upon critical investigation but rather on reliance on sources that my not be trustworthy. The results have been less than salutary.

One example of both of these trends – the new evidence as well as a seemingly blindness to this evidence – can be found regarding the punctuation of the kaddish prayer.

The Early Evidence Regarding Kaddish

There is a dispute how to punctuate the first two words in kaddish – yisgadel v’yiskadesh (as well as other words in the kaddish, as will become apparent). The controversy is whether they have a patach or a tzeirei under the letter dalet.

The historical evidence is absolute – all the early siddurim punctuate these words with a patach.[4] For example, starting from the 1475 (?) Selichot,[5] the 1486, Soncino Machzor,[6] 1519, Prague Teffilot m’Kol HaShana,[7] 1536, Ausberg Machzor k’seder HaAshkenazim, [8] 1541 Bolonga Machzor k’fei Minhagi k’k Roma, [9] and the 1616 Hanau Seder Teffilot k’Minhag Ashkenaz u’Polin [10] all punctuate the first two words of the kaddish with a patach.[11]

The first to raise and discuss the issue of the punctuation was R. Shabbetai Sofer.[12] In his monumental introduction he discusses the proper pronunciation of the kaddish.[13] He cites the two possibilities mentioned above – a patach or a tzeirei. He explains that the evidence from the Bible seems to point to both. Specifically, he points to contradictory verses in the Book of Daniel. One verse has the word yisgadal with a tzeirei while the other has it with a komatz. R. Sofer explains that the latter must have been punctuated with a patach. The reason is this word appears at the end of the verse. When words appear at a stopping point with a komatz, their regular form can only be with either a segol or a patach. In this case it would be a patach. Thus, we have two verses which seem to lend credence to both readings.

R. Sofer, continues and explains that although one may argue that since the verse has the word yisgadal with a tzeirei that would be the more correct pronunciation, this is not the case. He rejects this due to other grammatical considerations. R. Sofer explains that at least one word in the kaddish passage must be punctuated with a patach and thus, “to keep the words the same (l’zaveg et ha’melot) all should be punctuated with a patach.”[14]

Thus, R. Sofer was the first to entertain the notion the word should be punctuated with a tzeirei and he rejected this reading. Additionally, based upon the proof texts R. Sofer marshals from numerous biblical verses, it is clear that he made no distinction between whether the words are Hebrew or Aramaic. In fact, it seems R. Sofer was treating the bulk of kaddish as Hebrew. He discusses other words in kaddish and their counterparts in the Bible.[15]

Perhaps, aside from the grammatical considerations, R. Sofer also wanted to justify the long standing practice regarding the pronunciation. If this is the case, he does not mention precedent. But, one can not rule this out as a possible subconscious motive.[16]

The First Change to Kaddish

For the first to actually advocate for the alteration of the pronunciation to a tzeirei, we need to wait until the early 18th century.[17] In the early 18th century, R. Shlomo Zalman Hanau (Katz) published a work on Hebrew grammar entitled, Binyan Shlomo.[18] He published this at the relatively young age of 21.[19] In this work he advanced that the correct pronunciation of the kaddish is with a tzeirei.[20] But, it is not only the first two words. Instead, based upon the rules of grammar all similarly constructed words in kaddish should also have a tzeirei. Thus, yisbrach, yispaer, and v’yisromam all have a tzeirei.[21]

While at first R. Hanau only wrote a grammar work, he eventually incorporated his alterations into both his work on the siddur – Sha’ari Teffilah[22] – as well as his edition of the siddur – Bet Teffilah.[23] In this instance, this alteration to the kaddish only appears in his siddur.[24] In his siddur, he punctuates the kaddish with a tzeirei throughout.[25] Thus, he has a tzeirei for yisbrach, yispaer, and v’yisromam in the kaddish. Additionally, he is thoroughly consistent in his siddur, any other instance of either the same formulation or the same word, R. Hanau always uses the tzeirei. For example, the same opening words of kaddish appear in the prayer after the removal of the Torah. There R. Hanau has a tzeirei for ‘al ha-kol yisgadel v’yiskadesh.[26] In the Shemoneh Esreh where a similar formulation appears – v’al kulam yisbrach v’yisromam again R. Hanau has a tzeirei.[27] As we shall see, most who followed him were not nearly as careful in their punctuation even when they adopted R. Hanau’s understanding of the kaddish punctuation.

Before we leave R. Hanau, we must first understand how his contemporaries viewed his alterations. When he published his Binyan Shlomo aside from the change in kaddish he also took issue with many of his predecessors understanding of Hebrew grammar. It seems that he did so in a less than respectful fashion. In light of this, he was threatened with a ban on his book unless he would print a retraction of his harsh comments. Needless to say, R. Hanau complied. At the end of his Binyan Shlomo he inserted a page (somewhat smaller than the rest of the book) asking forgiveness from those he may have offended.[28]

Not only was his Binyan Shlomo controversial, but his works on the siddur were as well. R. Jacob Emden’s Luach Eresh is a rebuttal of many of R. Hanau’s changes.[29] R. Emden whose was well known for his acerbic remarks spared none for R. Hanau. He accused Hanua of even forging an approbation Hanau received from R. Emden’s father- R. Tzvi Ashkenazi (Hakham Tzvi).[30]

Thus, it seems far from clear whether R. Hanau’s alteration regarding kaddish would in fact be accepted.[31] In fact, based upon his reputation and the historical precedent this alteration would not be accepted. But, due to two unrelated events, his change has gained more and more credence as time has passed.

The Siddurim Which Followed R. Hanau

While R. Hanau was a singular individual whose own edition of the siddur was printed once, he still had a tremendous impact on the development of the siddur. His influence was felt through the inclusion of some of his changes in two important editions of the siddur. The first is Wolf Heidenheim’s and the second is Seligmann Baer. Both of these siddurim included many[32] of Hanau’s changes.[33]

But, for this change to kaddish these siddurim which did not have qualms about incorporating other changes did not for this. Instead, the prevalence of this change is due to two entirely different events. In fact, Seligmann Baer in another of his works, defends the use of the patach.[34]

The Two Events Which Precipitated the Inclusion of R. Hanau’s Change

The first event[35] which promoted R. Hanau’s alteration was the inclusion of it in R. Yosef Teomim’s Peri Megadim. In his comments on the kaddish, R. Teomim includes R. Hanau’s alteration of a patach to a tzeirei.[36]

While at first glance this may appear strange, incorporating a change of questionable accuracy from a questionable source, a closer look at both R. Teomim’s life as well as his own comments, clarifies why he did so. Originally of Eastern European stock, R. Teomim spent two years in Berlin. During this time he studied in the Beit Medrash of Daniel Yaffo. At the time, this Beit Medrash was populated by the leading maskilim of Berlin. It seems that R. Teomim studied with them and may have been exposed to some of the literature. At the very least, R. Teomim appears to have studied one on one with R. Yitzhak Satnow, a leading maskil and a propend of numerous alterations to the siddur.[37]

R. Teomim absorbed the some of the general ideas which were flourishing in Berlin at the time. R. Teomim advocates for a sweeping reform of the education system. He advocates for a more structured system which includes an emphasis on Bible and proper Hebrew.[38] This is reminiscent of some of the later changes advocated by R. Naftali Hertz Wessley another of the leading Berlin maskilim. It is one of these suggestions which returns us to R. Hanau.

R. Teomim provides a list of books he recommends one teach their child. One of these is one of the works of R. Hanau. Specifically, R. Teomim lists R. Hanau’s work on grammar, Tzohar L’Tevah,[39] as one of these texts.[40] Therefore, far from rejecting the innovations of R. Hanau, R. Teomim embraced him and his works. Thus, his citation to R. Hanau in the kaddish is not an anomaly but instead perfectly in line with R. Teomim’s general view of R. Hanau and these sorts of innovations.

While R. Teomim’s citation to Hanau should not be viewed as an anomaly, a later citation should be. R. Yisrael Meir Ha-Kohen (Kagan), otherwise known as the Hafetz Hayyim, in his Mishneh Berurah discusses the proper pronunciation of the kaddish. In doing so, he cites the comments of R. Teomim that the words yisgadel v’yiskadish should be pronounced with a tzeirei.[41] The Hafetz Hayyim did not display the same view towards the haskalah or to innovation as R. Teomim did. Thus, his comment which, when properly traced to its source, should be viewed as nothing less than shocking. One can not say, as was the case with R. Teomim, that the Hafetz Hayyim agreed with or advocated for any of the books or application of R. Hanau. One imagines had the Hafetz Hayyim been aware of the true nature of this comment, he would not have followed it.[42]

Furthermore, one assumes that had the Hafetz Hayyim known of the clear and unambiguous tradition regarding the pronunciation of the kaddish he would not have offered this alternative reading. But, rather ironically, due to the import and the popularity the Hafetz Hayyim’s Mishneh Berurah enjoys today, R. Hanau’s alternation has become the norm in some circles.

We have now discussed the first strange use of R. Hanau’s position on the kaddish. The second to advocate for this pronunciation was allegedly the Vilna Gaon or the Gra. In the posthumous collection of his customs, Ma’aseh Rav, the Gra is recorded as saying the first two words of kaddish with a tzeirei. The rational offered is that these words are in Hebrew as opposed to the rest of kaddish which is in Aramaic.

As an initial matter, it bears mentioning, that although today many have blindly accepted anything mentioned in this collection of customs, Ma’aseh Rav, as in fact the practice of the Gra, this is far from a certainty. When this book was first printed R. Hayyim of Volozhin, in his approbation,[43] already noted at least two possible errors. It is unclear whether the two he mentions explicitly are the only ones or there are others as well.[44]

Putting aside, however, the problems with the Ma’aseh Rav generally, in this specific instance it is far from clear the comment attributed to the Gra is actually correct. According to the Masseh Rav the rational for the change in the punctuation is the classification of the words as Hebrew and not Aramaic. Yet, we have seen already that R. Sofer makes no such distinction. In fact, he assumes they are in fact Hebrew, but still one should pronounce them with a patach. Thus, the fact that these words may or may not be Hebrew is a distinction without difference. It does not immediately follow that once one has decided the words are Hebrew they must be pronounced using a tzeirei.

The Strange Repercussions of the Alteration of the First Two Words of the Kaddish Elsewhere in the Siddur.

Even assuming the custom as recorded in Masseh Rav is correct, the change in punctuation of those two words raises additional problems. As mentioned before there are other words which are either similar to the grammatical structure of the first two words in kaddish and in at least one case in the siddur the very same words appear – all of which are in Hebrew. Thus, these words should get the same treatment as the kaddish words, i.e. be punctuated with a tzeirei. But, in siddurim which claim to follow either the position of the Gra[45] or that of the Chofetz Hayyim, only the kaddish has been altered and the rest retain a patach.

As here has been a renewed interest in the Gra and his customs and those who follow him, there is no lack of siddurim which this point has been borne out. In the first siddur based upon the Gra – Ishe Yisrael – kaddish (the first two words) get a tzeirei while the other instances throughout the siddur all get a patach. In the more recent Siddur Vilna although the change appears in kaddish in the Shemoneh Esreh where the similar formulation appears there is no change.[46] The Siddur Aliyot Eliyahu which was “edited and reset from anew . . . with great care . . . based upon the text of . . . the Gra” changes the first two words of kaddish. Yet, when it comes to both the Shemoneh Esreh and the very same words – yisgadel v’yiskadesh after the removal of the Torah – it employs a patach.[47]

In the recently printed Yom Kippur Machzor which includes the commentary and customs of R. Joseph B. Soloveitchik the same result occurs. This Machzor which also includes a list of R. Soloveitchik’s relevant customs, includes that of R. Soloveitchik’s views on kaddish. One these customs “based on the tradition of the Vilna Gaon that the opening two words of Kaddish” should be pronounced with a tzeirei. This is so because those “two words are Hebrew words . . . and the proper Hebrew pronunciation of each of those words is with a tzeirei.”[48] The editors are not satisfied with the mention of this custom at the beginning of the book, instead, each and every time kaddish appears they make mention of this custom. While they are punctiliousness regarding kaddish they make no mention by either the shemoneh esreh nor by the very same words after the Torah is removed.[49]

To be fair at least one siddur which is based upon the Gra has been partially[50] consistent. In the Siddur Ezor Elyiahu, when the actual words yisgadal v’yiskadah appear during the removal of the Torah, the editor changes those as well to a tzeirei. He notes explicitly that this change is an extension of the Gra’s custom regarding the kaddish.[51]

The problem of altering the kaddish text but retaining the other examples in the siddur was already noted in the late 18th century! R. Isaac Satanow in decries the “haughty simpletons (am aratzim)” who change the kaddish to a tzeirei but fail to note the others. These who “speak in contradictions,” Satanow applies the verse in Proverbs (18:2) “a fool does not delight in understanding.”[52] The expression “better leave well enough alone” is extremely apt.[53]

In conclusion, it would seem that perhaps what may be viewed as a minor change has much broader implications. These implications include the propriety of the change itself as well as the consequences of the change. It seems that many were unaware of these outcomes and both made the change without full awareness of the history. Further, they were also oblivious to the necessity to alter other portions of the text as well. As one scholar has put it “the critical study of Jewish liturgy is in any case too important to be left exclusively to the ‘daveners’!”[54] In the end, unfortunately, these words have proven to be extremely prescient.

Notes:
[1] For critical edition of the siddur see, e.g., Seligmann Baer, Avodat Yisrael (Rödelheim, 1868); Wolf Heidenheim’s series on siddurim and machzorim published in the 19th century; Machzor l’Yamin Noraim, ed. Daniel Goldschmit (Jerusalem, 1970); Shlomo Tal, Rinat Yisrael (Jerusalem, 1972).
There has also been a significant amount written on the siddur, both its development as well as the text itself. See, e.g., Leopold Zunz, Die Ritus des Synagogalen Gottesdienstes (Berlin, 1859); Abraham Berliner, Ketavim Nivcharim (Jerusalem, 1969); Ismar Elbogen, Jewish Liturgy: A Comprehensive History (Philadelphia, 1993), trans. of the original 1913 German edition; B.S. Jacobson, Netiv Binah (Tel Aviv, 1964); Daniel Goldschmidt, Mehqerei Tefillah u’Piyyut (Jerusalem, 1978); Naftali Wieder, Hitgabshut Nusach HaTefillah ba-Mizrach uva-Ma’ariv (Jerusalem, 1998); Stefan Reif, Judaism and Hebrew Prayer: New Perspectives on Jewish Liturgical History (Cambridge, 1995).
[2] D. Yitzhaki ed., Luach Eresh, Otzoranu (Toronto, 2001). This edition includes other works related to R. Emden’s work as well. While both of these speak to the Ashkenaz Rite (more correctly the Ashkenaz-Polish Rite) there has also been a renewed interest in the Nusach Sefard Rite (the Hassidic not to be confused with those who originated in the Eastern countries) as well. Some of these early prayer books have been republished including Y. Koppel, Kol Ya’akov (Jerusalem, 2005-2006); Siddur Admor HaZakan, Kehot (Brooklyn, 2005). There has also been a critical edition of the Siddur haAriZal published as well, Siddur ha-Ari, ed. Daniel Rimmer (Betar, 2004).
[3] On the import of this edition see S. Reif, Shabbetai Sofer and his Prayer-book (Cambridge University Press, 1979); Siddur Rav Shabbetai Sofer, ed. Yitzhak Satz, vol. 1 (Baltimore, 1987): 7-10 (all citations to the Siddur R. Shabbetai are to this edition).
[4] There is one exception – the Lisbon 1490 (?) Teffilot m’Kol HaShana. In this edition these two words have a komatz. This appears to be in error. This error is based upon the use of the verse in Daniel 11 which has the word yisgadal with a komatz. But, the only reason for the komatz there is due to its placement in that verse, at the end. Shabbetai Sofer records that this error continued to his day. He says “one should not pronounce the word with a komatz like I heard one incorrect hazzan do, perhaps [this hazzan] did so due to the verse in Daniel, but the hazzan was unaware that the reason it was punctuated with a komatz was because it was at the end of the verse.” Siddur R. Shabbetai Sofer, vol. 1, no. 17, p. 83.
[5] Non-paginated, appearing on the Hebrew University copy (which I have used for the other citations and all are available online) at page 10 (all page citations are to the “page” the relevant quote appears in the online version).
[6] Non-paginated Hebrew University copy at page 10. Only the second word – v’yisgadash is punctuated (with a patach) in this edition. Yet, there is no reason to assume the first word would be punctuated in a different manner.
[7] Non-paginated Hebrew University copy at page 196.
[8] Non-paginated Hebrew University copy at page 2.
[9] Non-paginated Hebrew University copy at page 13.
[10] Non-paginated Hebrew University copy at page 55.
[11] Additionally the following twenty-four machzorim or siddurim use the patach: 1490 Napoli, Seder Teffilot; 1503 Fano, Machzor; 1526, Venice Machzor k’Minhag Roma; 1527, Venice, Machzor k’Minhag Aram Soba, 1527 Prague; 1527 Pissarro; 1528 Constantinople, Seder k’Nusach Romania, 1530 Prague; 1532 Constantinople, Machzor l’Rosh HaShana v’Yom Kippur k’Minhag Sefardim; 1551 Lublin; 1562 Mantua, Teffilot m’Kol HaShana; 1566 Lublin; 1567 Lublin; 1584 Venice Machzor; 1585 Cracow Machzor l’Sholosh Regalim; 1598 Venice, Machzor; 1601, Venice, Seder Teffilot k’Minhag K’K Sefard; 1608, Hanau, Machzor l’Sholosh Regalim; 1623, Hanau; 1647, Amsterdam, Teffilot; 1661, Amsterdam, Seder Teffilot Sefardim; 1699/1700, Venice, Machzor Hadrat Kodesh; 1713, Berlin, Teffilah Derekh Si’ah ha-Sadeh; 1727, Amsterdam, Siddur HaShelah. As is apparent, the use of the patach is not dependent upon custom – sefard versus ashkenaz – or geographic location.
[12] R. Sofer lived from c. 1565-1637. His death date reflects the find in the Jewish Theological Seminary library of a manuscript of R. Sofer’s defense of R. David Kimhi’s Sefer HaShorashim which R. Sofer notes was completed in 1637. Reif, in his work on R. Sofer had dated R. Sofer’s death as 1635. R. Sofer’s siddur was first published in 1617 in Prague although nothing remains of this edition. The current edition was published from a manuscript.
[13] Siddur R. Shabbetai Sofer, vol. 1, no. 17, p. 83.
[14] Idem.
[15] See Rief, op. cit., at p. 29-38 discussing considerations in punctuating the siddur.
[16] R. Sofer’s student, R. Hayim Bokhner also defends the use of a patach even though he also considers the first two words of kaddish to be in Hebrew. See R. Hayim Bokhner, Or Hadash (Amsterdam, 1671): 46b. Specifically, R. Bokhner cites to the verse in Psalms 104:1 as a similar conjugation which contains a patach. On R. Bokhner see Yitzhak Yudolov, “HaGa’on Rebi Hayim Bukhner Z’tl Mehaber Sefer Or Hadash,” in Birkat HaMazon l’Mh”r Shabbetai Sofer (2002): 274-276.
[17] This was noted by Hayim A. Cohen, “Yitgadal v’Yitkadash (Iyun b’Zemichat shel Mesorot HeGiyah Hadasha),” Mesorot 8 (1994): 59-69. While Cohen’s article contains some of the history of this change, he neglects some of the historical evidence and does not note what perverse consequences the changes have had on modern-day siddurim.
[18] Binyan Shlomo (Frankfort a. Main, 1708).
[19] He was born in 1687.
[20] Binyan Shlomo (Frankfort a. Main, 1708): 79b-80a. Hanau does not deal with R. Sofer. The reason for this omission is that in all likelihood he was unaware of R. Sofer’s comments. Instead, R. Hanau address the comments of R. Yitzhak b. Shmuel of Posen in his Siach Yitzhak. There, R. Yitzhak makes the claim the words in kaddish should be punctuated with a patach.
[21] See id.
[22] First published (Jessnitz, 1725).
[23] Also published in Jessnitz that same year.
[24] This is contrary to the incorrect assertion in the Makhon Yerushalayim edition of the Shulhan Arukh. They erroneously claim this comment appears in his Sha’ari Teffilah. This appears no where in the Sha’ari Teffilah. Instead, it seems the editor of this edition was unaware of R. Hanau’s siddur and thus was forced to locate any place they could attach as a source for R. Hanau.
[25] Bet Teffilah p. 29a.
[26] Idem., p. 40a.
[27] Idem.,at 21b.
[28] See non-paginated page which follows page 108 in his Binyan Shlomo.
[29] See David Yitzhaki’s Introduction to the Luach Eresh p. 26-66. While Yitzhaki is incorrect in some of his assertions – he is correct in that Hanau’s changes were viewed with distain by some. For more on this issue, see Jacob J. Schacter, Rabbi Jacob Emden: Life and Major Works (unpublished PhD dissertation, Harvard University, 1988), chapter four, passim.
[30] This was later proved to be incorrect. The actual approbation was located and it appears that in fact R. Hanau did receive it. See Dukkes, Hakmei AH”V (1908): 55. This source appears to have escaped the notice of Jacob J. Schacter; see his introduction to the new edition of Luach Eresh (24), where he credits Yekutiel Yehudah Greenwald’s 1954 biography with this find. Additionally, see Jordan Penkower, “Minhag and Massorah: On the Recent Ashkenazic Custom of Double Vocalization of Zekher Amalek,” in Iyuni Mikra U’Parshanut 4 (1997): 127-128 [Hebrew], where he provides other examples of R. Emden’s over zealousness and questionable tactics in this debate. Yitzhaki, supra n. 29, appears to either have been unaware of Penkower’s article or chose to ignore it. Many of Penkower’s findings contradict Yitzhaki’s assertions.
[31] Prior to the discussion below, there is but one siddur which incorportates R. Hanau’s change. In the Altona 1826 edition of the Machzor edited by R. Meir Ganz, he changes kaddish as well as the other permutations to a tzeirei. R. Ganz in his introduction says he was careful with the grammar of the Machzor, however, he does not provide a source for this or any of his alterations.
[32] These include, inter alia, the change in the yehi ratzon following birkat ha-sachar from yashlet to tashlet.
[33] These siddurim also included some of the changes of R. Isaac Satanow, who will be discussed in more detail below. The inclusion of these changes has disturbed some. This is so, as these siddurim were considered the “gold standard” and the lack of deference towards precedent many found difficult to reconcile. Additionally, Heidenheim’s edition received the blessing of one of the great opponents toward change, R. Moshe Sofer (Hatam Sofer). In the Haredi press there has been some discussion on how to reconcile these seemingly incongruous events.
[34] See Seligmann Baer, Tosa’ot Hayyim, reprinted in R. Jacob Emden, Luach Eresh (2001), Kitzerat haOmer, pp. 497-500.
[35] It is noteworthy that Heidenhiem did not include this change in any of his editions of the siddur. While Heidenhiem did include other such alterations this one was apparently went too far.
[36] Misbetsot Zahav, no. 55. Although it is unclear why, R. Teomim only applies R. Hanau’s proposition for the first two words in the kaddish and not the complete kaddish as R. Hanau actually has it.
[37] See Satnow’s comments in his edition of the Kuzari (Berlin, 1795) p. 2, where he claims to have studied with R. Teomim. Additionally, many of Satanow’s books contain approbations from R. Teomim. While some of these are undoubtedly forgeries, there is no reason to assume they all are. On Satnow see Zinberg, A History of Jewish Literature vol. 5, chap. 7, p.112 et. seq.; Fuenn, Kennest Yisrael, Vilna 1886, s.v. Yitzhak Satanow. For biographical information on R. Teomim see R. Tzvi Yehezkel Michelson, Toledot Yosef, in R. Teomim’s Sefer Notrikin (Bilguria, 1910 [Jerusalem, 1964; photomechanical reproduction]), non-paginated introduction.
[38] See his introduction to his commentary on the Shulhan Arukh especially Iggeret Shnei no. 6. R. Teomim provides to lists of recommended reading/teaching materials in his letters. The recommendation for R. Hanau’s book only appears in the second listing.
[39] First printed (Berlin, 1733). It seems the famed town of Volozhin had as their single book of Hebrew grammar present in the Beit Medrash, this work of R. Hanau. See Gershon David Hundert, “The Library of the Study Hall in Volozhin, 1762: Some Notes on the Basis of a Newly Discovered Manuscript,” Jewish History 14 (2000): 237.
[40] Id.
[41] See Mishna Berurah, 56:2; Sha’ar haTzion, id.
[42] It is unclear whether R. Teomim would have either followed this in practice. The siddur Hegyon Lev, ed. Eliezer Landshuth (Königsberg, 1845) which is based upon the comments of R. Teomim, does not alter the punctuation of the kaddish. While it is possible that Landshuth was either unaware or ignored the comments of R. Teomim, it is at least worthwhile to point out this incongruence.
[43] Perhaps it was to avoid his criticism that his approbation was removed from the 1857 and the 1858 editions. See Vinograd, Thesaurus of the Books of the Vilna Gaon (Jerusalem, 2003), #812, 814 (while Vinograd notes the missing approbation in the 1857 edition he neglects to mention it was missing in the 1858 edition as well).
[44] See Penkower, op. cit., at 85-87 discussing problems with the Ma’aseh Rav.
[45] The Gra never wrote or published his own edition of the siddur. Instead, the siddurim which purport to be that of the Gra are only attempting to reconstruct what they view what the Gra would have done had he in fact edited a siddur.
[46] Siddur Vilna (Jerusalem, 1994): 55 (kaddish), 107 (Shemoneh Esreh passage).
[47] Siddur Aliyot Eliyahu (Jerusalem, 1999): 45 (kaddish where the editor notes his change is based upon the Chofetz Hayyim and the Gra), p. 79 (shemoneh esreh), p. 297 (yisgadel v’yiskadesh with a patach).
[48] Yom Kippur Machzor with Commentary Adapted from the Teachings of Rabbi Joseph B. Soloveitchik, (New York, 2006): xxxv. The formulation of this custom is in and of itself problematic. One assumes that R. Soloveitchik did not alter kaddish due to the Maaseh Rav, but instead he followed the custom of his own father and grandfather.
[49] See, e.g., p. 18 (shemoneh esreh) and p. 464 (v’al ha’kol yisgadal v’yiskadah with a patach).
[50] There is no change to the Shemoneh Esereh or the other words in kaddish which contain the same grammatical structure.
[51] Ezor Eliyahu ‘al pe Nusach HaGra (Jerusalem, 1998): 216. Additionally, it bears noting that ArtScroll retains the correct punctuation utilizing a patach for kaddish.
[52] Isaac Satanow, Iggeret l’Bet Teffilah (Berlin, 1769): 21a,b. Satanow himself in his later work, Va’Yetar Yitshak (Vienna, 1815): 47- 48, advocates change to a tzeirei of the kaddish. He claims, contrary to R. Sofer, that there are three verses which illuminate this question of punctuation. While one, Daniel 11:36 points to the patach the other two, Daniel 11:37 and Isaiah 10:15 point to a tzeirei and therefore “two defeat one.” Id. Satanow, however, is consistent and changes the other formulations as well. See id. at 44 on tisromam.
[53] What is rather ironic is that the Siddur Aliyot Eliyah, contains a diatribe against Satanow and his alterations. It would seem that the same criticism could be applied to the itself.
[55] Reif, Judaism and Hebrew Prayer, op. cit. at 10.