Kitniyot and Stimulants: Coffee and Marijuana on Passover

Kitniyot and Stimulants: Coffee and Marijuana on Passover
One of the more interesting customs for Pesach in that of refraining from kitniyot. There is much discussion regarding the origins of this mysterious custom.  That is, the exact time this custom began, as well as it initial rationale is cloaked in mystery. That is not to say that numerous reasons haven’t been offered, only that we probably will never know for certain why this was enacted.  Moreover, what exactly is encompassed in this custom is similarly cloaked in mystery.  We have food items running the gamut.  Aside from the standard fare of rice, we have those prohibiting such seemingly odd foods as garlic and carrots.  Thus, it should come as no surprise that many have included foods that there is no legitimate reason for doing so. Indeed, as we shall see, in some instances the foods in question are prohibited although it is clear that the persons prohibiting them have no idea what exactly the foods are.  This hearkens to the idea espoused by Dr. Daniel Sperber, discussed in this article, and expanded upon in this book, that if one understanding of history, bibliography and other relevant areas is lacking this may lead one to make grievous errors in halakhic matters. In this post we will deal with two foods, both of which were prohibited under the rubric of kitniyot, and, apparently, those who made these decisions were unaware of the actual characteristics of the foods in question.  The two items we shall deal with are coffee and cannabis (hemp, hemp seed, and marijuana). [Our discussion below is with the recognition that one must always comply with all relevant federal and state laws and we limit our discussion to what position Jewish law takes regarding this topic.]
Coffee
Coffee was introduced to Western Europe in the 17th century. [See David Liss’s excellent fictionalized account of the burgeoning coffee trade in Jewish Amsterdam, The Coffee Trader. (Avner Gold has an Artscroll book, A Scandal in Amsterdam, that uses much of the same material, one wonders if it was “influenced” by Liss’s book.)]  With its introduction, some rabbis began dealing with its halakhic status, which blessing is required and, as relevant here, whether it is permissible on Passover.  R. Ya’akov Reischer (1670-1733), in his Shevut Ya’akov (vol. 2 no. 5), deals with both these questions.  Regarding the first, he holds a shehakol is the correct blessing.  Regarding the issue of Passover, he permits coffee.  He is skeptical that coffee would be considered kitniyot because “he has been told” that coffee is grown on trees, and whatever one may think about the scope of kitniyot, it does not encompass tree fruits.  But, R. Reischer hedges a bit and notes that even if coffee would be deemed kitniyot, as coffee is roasted, or, as he refers to it “burnt prior to Passover” this renders coffee unfit for even a dog and permissible on Passover.
R. Yosef b. David of Breslau, in Hok Yosef (no. 457, first published in 1730), however, disagrees.  He first questions the argument regarding roasting or burning the beans and notes that the roasting process is an integral part of coffee process.  More fundamentally, he argues that indeed coffee is kitniyot. He notes that his father-in-law, R. Abraham Broda, similarly held that coffee is kitniyot and prohibited.
R. Hayyim Yosef David Azulai (HIDA), disputes this holding in very strong terms.  HIDA explains (Shu”t Tov Eyin, no. 8) that these rabbis “should be forgiven [for holding coffee is prohibited as kitniyot] because coffee is the fruit of a tree.”  Regarding this classification HIDA is not speaking from second hand accounts like R. Reischer, rather HIDA notes that “a few years ago I saw a coffee tree in Amsterdam in the botanical gardens, as well as in Pisa and thus there is no reason to be strict regarding coffee.”  HIDA in his travelogue describes in detail his visit to the Amsterdam botanical gardens, Hortus Medicus. On the 18th of Iyar, 1778, in the afternoon,  HIDA went to the gardens. He says “that these gardens are truly indescribable they are so beautiful, all the plants and grasses are in rows, and everything is so clean, it is a testament to human intelligence.  Every plant is labeled. There are plants from America, Portugal and Turkey all in rows according their nationalities.  The wall have holes where fires can be lit to control the temperature of the gardens and ensure that the plants can survive even in the cold climate of Amsterdam.  Among the plants I saw was the coffee plant.”  (Ma’agel Tov ha-Shalem p. 150-51 ) While HIDA is unwilling to accede that these rabbis were completely unaware that coffee is tree fruit, it begs the question what those who prohibit coffee were thinking in considering coffee kitniyot.
It is not only those who prohibit coffee who seem to be unaware of exactly what they are discussing.  More recently, R. Yitzhak Isa’ak Weiss (1875-1944), one of the Spinka Rebbis, discusses “two” types of coffee, one grown on trees and the other grown “in gardens.”  He ultimately holds that both types of coffee are permitted, but the issue is that coffee always grows on tress.  There are two major types of coffee, arabica and robusta, both of which grow on trees.  Perhaps what R. Weiss is discussing is another type of coffee – one that was commonly substituted for coffee – but is not in fact coffee.  The common substitute, which has its own history and own halakhic issues, is chicory. [See. R. Y. Goldhaver’s excellent articles regarding chicory and its treatment under Jewish law in Yeshurun 19:792-834, 20:839-864] Chicory is indeed a bush and not a tree and perhaps is what R. Weiss is discussing.
Today, for most (with Passover, one can almost always find a group that prohibits something) coffee is not deemed kitniyot and is Kosher for Passover.  Indeed, one of the more common haggadot is the one produced by the Maxwell House Coffee company. (For more on the Maxwell House haggadah see our  post, “On The Maxwell House Haggadah.”)  One scholar has commented on this phenomenon: “As always, entrepreneurs, Jewish and otherwise, capitalized on wives’ and mothers’ desires to have just the right foods on the table for Passover, that longest standing of traditions.  Maxwell House coffee, reportedly, caused a stir at many seder meals when it introduced a new ‘tradition’ of drinking coffee rather than tea at the end of the sumptuous holiday banquet. A decade or so later, the company would print its own Haggadah to insure a ‘unique relationship between a product and a people.” (Jeffrey S. Gurock, Orthodox Jews in America (Bloomington: Indiana University Press, 2009), p. 151.) Maxwell House even advertised in Yiddish in HaPardes: [Thanks to M. Butler for these two sources.]

 

Marijuana
In 2007, the Green Party in Israel made headlines in coming out that Ashkenzim should not smoke marijuana on Passover.  There were articles from the Jerusalem Post on the topic as well as other publications.  Most are notable only in that how poor they are in substance.  Indeed, another recent example can be found here.  Although from reading these articles one may get the sense that rabbis haven’t discussed the marijuana, indeed there is at least one responsa on cannabis, the plant from which marijuana is derived, and its status on Passover.
R. Yitzhak Ya’akov Weiss (1902-1989), in Shu”t Minhat Yitzhak (vol. 3 no. 138(b)), discusses cannabis on Passover.  Specifically, he is dealing with two foods, cannabis and cotton-seed oil, but we will focus on cannabis. Prior to engaging in this discussion we should note that the cannabis plant produces three things: (1) hemp which is fibrous and can be used to make clothing, and was commonly used to make strong rope; (2) hemp seed, which is used in food and in some homeopathic remedies; and (3) as a narcotic referred to as marijuana. [See also Y. Felix, Marot ha-Mishna, Jerusalem: 1977, p. 131; and Z. Amar, “Hashish and the Hashishim in Eretz Yisrael and Syria During the Medieval Period,” in Ariel 120 (1997), pp. 277-282 (he discusses, among other topics the band of assassins that are associated with the narcotic).]  R. Weiss first notes that cannabis shouldn’t be questionable at all for Passover as Rambam, in the laws of prohibited mixing of seeds, labels cannabis as a vegetable and not kitniyot.  However, R. Weiss points out that there is an internal problem with the Rambam, one that many of commentaries on Rambam have dealt with, but not to R. Weiss’s satisfaction. It should be noted that one commentary, Radbaz (1479-1589 or 1463-1573), in his discussion of this issue makes it apparent that he is aware of cannabis’s narcotic use.  He explains that “in Egypt they eat [smoke?] cannabis and become high and those who do report that it makes them very happy . . . in other places they use cannabis to make clothing like linen.” Returning to the conflict in Rambam, R. Weiss’s solution is that there is no conflict and instead Rambam is referring to two distinct plants both of which are called cannabis.  He arrives at this conclusion by noting that cannabis is defined differently.  Some define cannabis as a fiber and others refer to it as a food item.  Thus, he concludes that there must be two different plants which share the same name.  This conclusions is of course wrong.  There are not two distinct plants but a single plant that has a variety of uses.  [Additionally, it should be noted that R. Weiss “proves” his point by referencing a Mishna that contains nikkudot.  He doesn’t identify which edition he is referring to – Kehati or some other, but using such a source is highly questionable. The Kaufmann Mishna, one of the oldest examples of a nikkud mishna doesn’t contain both mentions of cannabis in the Mishna and therefore it is impossible to determine if the nikkud follows that advocated by R. Weiss.]
R. Weiss, based upon his non-existent two plant types, concludes that hemp would be included in the prohibition of kitniyot. In so doing, R. Weiss provides yet another example of someone incorrectly categorizing a food based on lack of knowledge of the plant itself. In all events, this responsum of R. Weiss, even though it is incorrect, is not referred to in any of the above cited articles.  Indeed, the Star-K reaches the opposite conclusion and lists hemp and hemp seed as permitted on Passover (so long as one ensures there are no errant grains mixed in). Thus, it appears that marijuana would equally be deemed non-kitniyot.
Even if one accepts that marijuana is kitniyot, there is another reason that smoking it on Passover would be permitted.  This is so as R. Ya’akov Emden, (Mor u-Kitziya no. 511) discusses using tobacco on Passover where there is a fear that the tobacco may have been soaked in beer.  R. Emden explains that using such tobacco poses no problem on Passover for many reasons.  In fact, he is so sure that such tobacco is permitted he “would have announced that Jew can affirmatively soak his tobacco in beer prior to Passover, but for the fact that am haratzim would view this as wrong.” [In part this sweeping permission is due to the fact that tobacco is inedible and thus immediately after the beer is mixed in it is no longer edible.]  R. Emden concludes that he “remembers that his father [R. Tzvi Ashkenzi, Hakham Tzvi] used to laugh at those who displayed piety (mit-hassdim) and purchased Kosher for Passover tobacco.”  R. Emden’s rationale applies with equal force to marijuana.  In particular, R. Emden explains that smoking is merely deriving benefit and not considered ingesting the item in question.  This is so even if one derives benefit through one’s mouth.  R. Emden goes further to allow one to use snuff where one is partially ingesting the tobacco.  Thus, according to R. Emden, smoking something that contains hametz (beer) is not a problem, surely something that is kitniyot would pose no problem. Therefore, presuming one is smoking marijuana, this would be allowed on Passover even according to those who consider it kitniyot.
What is particularly surprising is that if one is resorting to Jewish law to determine the status of marijuana, this question is not limited to Passover.  Indeed, irrespective of marijuana’s status vis-à-vis Passover, various Rabbis have opined that using marijuana is always prohibited. For example, R. Moshe Feinstein (Shu”t Iggerot Moshe, Y”D vol. 3, no. 35) was asked about “the Yeshiva bochorim that have begun to smoke hashish (marijuana)” and if this is permissible.  R. Feinstein replies unequivocally that according to Jewish law the practice is prohibited. Similarly, R. Shlomo Zalman Auerbach prohibits the use of marijuana.  (Nishmat Avraham, O”H no. 155, no. 4)  He also deals with the issue of if one is under the influence what is their halakhic status. (Shulchan Shelmo, Refuah, vol. 2, p. 223).
Additional Sources Regarding Kitniyot Generally:
Israel Ta-Shma, “Prohibition of Kitniyot on Pesach,” Early Franco-German Ritual and Custom (Jerusalem: Hebrew University Magnes Press, 1992), p.271-282 (Hebrew)
R. Shlomo Yosef Zevin, Ha-Mo’adim be-Halakha, pp. 305-312
Simcha Emanuel, Deroshot ha-Rokeach le-Pesach, Mossad Bialik, pp. 51-53 (reviewed here)
Shut Beis Mordecai (Fogelman) #23
R.Yakov Chaim Sofer, Menuchas Sholom 7, 93-99, Menuchas Sholom, 8, p. 219-230
Minhag Avotenu be-Yadnu, 2, Chapter 20
There is also a chapter on kitniyot in Mo’adim le-Simcha although there are some inaccuracies contained therein.  Additionally, some of those inaccuaries are the same that appear in the early article in Minhag Yisrael Torah vol. 2 no. 457, thus providing yet another example of plagiarism on the Mo’adim le-Simcha‘s part.  

 




Who was Reb Shlomo?

Who was Reb Shlomo? by Natan Ophir (Offenbacher)
 
Natan Ophir’s book, Rabbi Shlomo Carlebach: Life, Mission, and Legacy, has just appeared. This is a complete biography of Carlebach’s life (not a hagiography) and is essential for anyone with an interest in Carlebach. The Seforim Blog is happy to include this excerpt from the book, pp. 413-419.
1.      Who was Reb Shlomo?
Who was Reb Shlomo Carlebach? This question was deliberated in the obituaries after his death. Elli Wohlgelernter of The Jerusalem Post tried to describe Shlomo’s elusive uniqueness:
The obituaries referred to Rabbi Shlomo Carlebach as the “Singing Rabbi,” but that’s like describing Yankee Stadium as just some ballpark in the Bronx…. To have spent any time with Shlomo – that’s all he was called, never Rabbi Carlebach – was to understand this: he was his own kind of rabbi and they were his own songs, and they will be sung for as long as Jews gather to sing and dance….He was part hippie, part yippie, part beatnik, and part New Age. He was Dylan, Elvis, Arlo and Seeger all rolled into one, with a touch of Sholem Aleichem and Mark Twain.[1]
Indeed, Shlomo just didn’t seem to fit into any restrictive defining label. Menachem Daum, in a video report for Religion News and Ethics, labeled Rabbi Carlebach as the “most unorthodox Orthodox rabbi.” Moshe Stern, the internationally renowned cantor, characterized Carlebach as a combination of “a prodigal tzaddik, a musical genius, perhaps a religious exegete, a hippie in religious-ultra-orthodox garb.” Stern highlighted the all-encompassing nature of Reb Shlomo’s personality which defied categorization:
His greatest strength was and remains chiefly his ability to be all encompassing, a kind of prototype for felling the divides, for blurring the borders. This, it seems, is what the ears and souls of many in that younger generation latched onto, seeking as they did an escape path from the rigid categorizing enforced on them by the split reality of Israeli life.[2]
Similarly, Robert L. Cohen asks: Was there ever such an “embodied paradox, a bundle of contradictions?”[3] Cohen enumerates some of the seemingly contradictory aspects of Shlomo’s life. For example:
A thoroughgoing traditionalist, with Orthodox yeshiva education and rabbinical ordination, he outraged the Orthodox; a man for whom “pluralism” was an alien, ill-fitting concept, he was an implicit pluralist – teaching and singing everywhere, honoring rabbis of every denomination and encouraging others’ unorthodox paths.[4]
Shlomo was equally at home with the Admor of Amshinov, the homeless in Riverside Park, and Hadassah women. But there were subtle differences in how he presented himself. It was a different type of Shlomo comforting soldiers in hospitals during the Yom Kippur War, and another Shlomo singing for Christians in Poland and Germany.
A 1994 obituary by Yossi Klein Halevi in The Jerusalem Report used the term “Pied Piper of Judaism” to describe how Shlomo “taught an orphaned generation numbed by the Holocaust and assimilation how to return to joy.” Halevi captured the uniqueness of Shlomo’s concerts:
A Shlomo concert was part 60s-style happening, part Hasidic revival…. Shlomo always appeared with an entourage – strung-out street people, rebellious yeshivah boys, spiritual seekers, groupies… The only constant was Shlomo himself: his beautiful melodies; his deep, sure voice; his at-once profound and hokey rap ranging from Hasidic stories to exhortations for people to love each other, to mocking and very funny critiques of both ultra-Orthodoxy and Reform Judaism.[5]
The question of who was Reb Shlomo was often a reflection of how people related to him. Sometimes, it was Rabbi Shlomo Carlebach officiating in rabbinical functions such as weddings. Most disciples preferred the appellation “Reb Shlomo” to indicate a Hasidic closeness and warmth.[6] But for many followers, it was simply “Shlomo,” the best friend, informal confidant, eschewing titles or other artificial barriers. He was the rabbi poised at the entrance to his shul on West 79th St. to welcome all with a bear hug. In the setting of Manhattan’s street corners, he was a “holy brother” to many a “holy beggar.”
With a natural ease, Reb Shlomo also assumed the role of a charismatic prayer leader. For example, on Hoshana Rabbah services at West 79th St., wearing a white kittel and black gartel, he was like a choirmaster orchestrating the musical accompaniment of trumpet, violin and
singing congregation. In the full hour-long video dated September 26, 1994 at the Carlebach Shul, one can see the epitome of the new religious structure invented by Reb Shlomo: integrating a selection of his songs for the Hallel, each setting a different mood and spiritual direction; the symbolic waving of the lulav and arava with joyful dancing, and interjections in English creating a thoughtful direction.[7]
This is the Shlomo leading a new form of religious experience specifically adapted to the Orthodox community.
Shlomo was able to blend in to so many different types of communities because he reflected sundry images to diverse audiences. Prof. Shaul Magid uses the metaphor of a mirror:
Most remember him as a mirror: They saw in him what they wanted him to be, or what they imagined themselves to be…. each of his followers heard what he or she wanted and constructed him in their image. The Orthodox offer one reading, the neo-Hasidim another, Diaspora Jews another, Israeli Jews another; leftists read him one way, Jewish militants another. The point is none of them really know… He bequeathed a “Judaism of uncertainty” (“what do we know?” was his catchphrase) so that everything could be reviewed and revised, in the spirit of love and not separation, on compassion and not exclusion.[8]
Nonetheless, of all the images of Shlomo, the most well-known is that of the Singing Rabbi, the father of modern Hasidic music.
2. The Foremost Songwriter in Judaism?
Ari Goldman, in The New York Times obituary in 1994, designated Shlomo Carlebach “the foremost songwriter in contemporary Judaism.”[9] Recently, Goldman reiterated this statement, adding that it has never been disputed.[10] In 1997, music historian, Robert L. Cohen, referred to Shlomo as “the most prolific composer of liturgical folk melodies in this, perhaps any, century.”[11] In a later article, Cohen explained that Carlebach “opened the gates for a new generation of niggun makers” by creating music with a Hasidic flavor that could be accessible to young Americans:
Shlomo Carlebach had a phenomenal gift for melodies that conveyed yearning and joy, sweetness and exultation all at once… His
example inspired an entire generation to set traditional, and some original, verses to their own new melodies… The result has been a garland of new Jewish music – of new wings for our prayers.[12]
This type of recognition recurs in various Jewish encyclopedias and year books. Mark K. Bauman in the 2011 Jewish American Chronology, recognized Shlomo as “the twentieth century’s most prolific and influential composer of Jewish music and a key ambassador of spirituality,
especially to Jewish youth.”[13] Judah M. Cohen, in the Encyclopaedia Judaica entry, defined Carlebach’s extraordinary influence:
At the time of his death, Shlomo Carlebach had become a legend of sorts, having recorded over 25 albums, composed up to 5,000 songs, performed on five continents, released two official songbooks, amassed a broad following, granted semikhah to both male and female students, and given away nearly all his earnings. Several of his songs, moreover, had become “traditional” during Jewish events; revelers would sing such songs as “Esa Einai,” “David Melekh Yisrael,” “Am Yisrael Chai,” and “Od Yeshoma.”[14]
Mark Kligman, professor of Jewish Musicology at Hebrew Union College in New York, in his survey of contemporary Jewish music in the American Jewish Year Book (2001) stated: “Jewish musical artists of today consider Shlomo Carlebach the father of contemporary Jewish music.”[15] Kligman explains that the most innovative part of Shlomo’s musical success was “the blending of Hassidic song with folk music”:
Combining the participatory ease of folk music, the energy of the newly created music from Israel, and the religious fervor of the Hassidic niggun, he succeeded in moving liturgical music out of the synagogue and into a wide range of other settings, including concert halls and night clubs, and used his music to educate and inspire Jews to renew their Jewish identity and discover the beauty of Jewish life.[16]
Nonetheless, not all Jewish musicologists have recognized Shlomo’s importance. Cantor Macy Nulman in his 1975 comprehensive encyclopedia of Jewish music does not have an entry for Shlomo Carlebach.[17] Similarly, in his 1992 masterful survey of Jewish musical traditions, Hebrew University Professor of Musicology, Amnon Shiloah, does not mention Shlomo.[18] Presumably, part of the reason is that popular Hasidic folk songs are not on the same level as professional music. Indeed, Shlomo’s musical success is remarkable considering that he never really trained as a professional musician, and apart from a few voice lessons in Manhattan, was not an expert cantor. Or as Shlomo self-effacingly explained in an interview to Elli Wohlgelenter:
I don’t think I have a good voice. I think my voice is just good enough to inspire people to sing with me. If I would have a gevalt voice like, let’s say, Moshe Koussevitzky, then nobody would want to sing with me, because then they’ll think they don’t want to miss my voice, but my voice is just good enough to make them sing.[19]
Shlomo’s self-comparison to the renowned cantor Moshe Koussevitzky highlights a key ingredient of his musical success. Rather than impress an audience by a beautiful recital, Shlomo led a sing-along of catchy tunes. A typical Carlebach tune is easy to follow.[20] At Shlomo events, participants quickly learned his new songs thus furthering their popularity.
Musicologist Velvel Pasternak explained that if judged by objective musical standards, Shlomo was not the most outstanding composer, singer or guitarist, but his success was due to an uncanny ability to strike an immediate responsive chord in the ears of his listeners:
Even a seemingly banal sounding melody became a hypnotic and mesmerizing chant. The simplicity of his melody line, the intensity of his performances, the charisma of his personality, served to create a worldwide musical following.[21]
Furthermore, by adapting the form and fervor of a Hasidic farbrengen (see above, Chapter 6), Shlomo constructed a new hybrid of folk singing and semi-prayer. To quote the insightful appraisal of Motti Regev and Edwin Seroussi:
Armed with a guitar, dressed like an “orthodox hippie,” and using the most basic harmonies and short, repetitive melodies, Carlebach appeared at concerts that became a kind of unorthodox prayer that recalled the traditional Hassidic tish, an assembly of Hassidim around the table of the rebbe, held on special dates, and characterized by singing and dancing.[22]
In sum, the amalgamation of a Hasidic tish, inspirational storytelling, emotional insights, and ethical exhortations created the innovative Carlebachian musical experience. Samuel C. Heilman, professor of Sociology at Queens College CUNY, describes Shlomo Carlebach as a product of a synergy between Hasidic, Israeli, and American trends:
He attached himself to Hasidic prayer styles from which he took the idea of expressive enthusiasms in prayer and devotional ecstasy as part of Jewish outreach. From American new folk idioms, he took the guitar, rhythms, the practice of sing-alongs, the “talking blues,” concertizing, and the idea of making recordings. From Israeli culture, he borrowed the idea of shirah b’tzibbur, i.e., choral singing as a tool of social solidarity. All these he mixed syncretistically to develop his particular style.[23]
Indeed, this description sums up the secret of the appeal to Reb Shlomo’s music. He was able to bring together the popular folk music of the 1960s and the fervor of Hasidic niggunim to create a new genre of music. But Heilman goes further and explains:
Contemporary Carlebach minyanim have elevated him and his approach to a kind of mythic status. Reb Shlomo, as devotees refer to him these days, is the modern Jew’s counterpart to the Hasidic rebbes and other immortals that the Haredi world has enshrined. Like these rebbes, he is frequently resurrected in stories, songs, aphorisms, and teachings that are meant to shape the attitudes and religious character of those who invoke his memory.[24]
.
[1] Elli Wohlgelernter, “Simply Shlomo,” The Jerusalem Post, April 20, 1995.
[2] Ronit Tzach in Yediot Aharonot, Seven Day Magazine, Feb. 4, 2005, 34. Cited in Shmuel Barzilai, Chassidic Ecstasy in Music (Frankfurt am Main: 2009), 152.
[3] This witty aphorism is a quote from Charles Caleb Colton (1780–1832), Lacon or Many things in Few Words: Addressed to Those Who Think,vol.1, books?id=6AclAAAAMAAJ&pg=PA180&img=1&pgis=1&dq=paradox&sig=ACfU3U0aMhUVF-mTU8guK4hy2jQQRHDH4A&edge=0CCCCVII, p. 1980.
[4] Robert L. Cohen, “Jewish Soul Man.” Moment, August 1997, 59–64, 83.
[5] Yossi Klein Halevi, “The Pied Piper of Judaism,” The Jerusalem Report, Nov. 17, 1994, 45.
[6] Shlomo explained the advantages of using the designation “Reb” rather than “Rabbi” by playfully distinguishing the letters. “Rabbi” is a combination of Ra (Hebrew for “bad”) and Bi (“he gets by”), whereas “Reb” is a shortened form of “Rebbe,” and in Hebrew means “Rabbi” with the letter yod, signifying the Divine Presence – “God is so tremendous inside” – God’s Light in you. Shlomo’s explanation can be heard on segment 4:53–5:11 in part 4 of “Rabbi Shlomo In Concert”, YouTube, http://bit.ly/1bq3rE0. This is from his concert in Feb. 1994 in Miami Beach.
[7] For an hour long program of Reb Shlomo leading the singing for the Hoshana Rabbah service at the Carlebach Shul on 79th St., see Kikarhashabat.co.il; http://bit.ly/16CTaBM. Compare http://bit.ly/1dbGmHj; http://bit.ly/18pI96e. A record was produced entitled R. Shlomo Carlebach – The Last Hoshana Raba, http://bit.ly/HjJRAv, http://bit.ly/1g44CyH; http://bit.ly/18pHZMk.
[8] Shaul Magid, “Carlebach’s Broken Mirror,” Tablet Magazine, Nov. 1, 2012, TabletMag.com, http://www.tabletmag.com; http://bit.ly/1ac2Yc6.
[9] Ari L. Goldman, “Rabbi Shlomo Carlebach,” New York Times, Oct. 22, 1994.
[10] Ari L. Goldman, “Why Carlebach Matters,” The Jewish Week, May 8, 2009.
[11] Cohen, “Jewish Soul Man,” 59.
[12] Robert Cohen, “New Wings for Our Prayers: On American Jewish Music,” Open the Gates!, vol. 1, 2005, excerpted in Tikkun, March 27, 2008, Tikkun.org, http://bit.ly/17Qyw1k. Cohen’s essay accompanies the CD American-Jewish Music for Prayer and describes Jewish religious folk music, its inspiration in the Hasidic movement and its cultural roots in American folk music. The CD includes 18 different composers and performers of prayerful melodies and #17 is “Ein Keilokeinu” of Shlomo Carlebach.
[13] Mark K. Bauman, Jewish American Chronology: Chronologies of the American Mosaic (Santa Barbara, California: 2011), 119.
[14] Judah M. Cohen, “Carlebach, Shlomo,” Encyclopaedia Judaica, 2nd ed., vol. 4, 481–482.
[15] Mark Kligman, “Contemporary Jewish Music in America,” in David Singer and Lawrence Grossman (eds.), American Jewish Year Book. New York: 2001, vol. 101, 88–140.
[16] Kligman, “Contemporary Jewish Music.”
[17] Macy Nulman, The Concise Encyclopedia of Jewish
Music
(New Zealand: 1975).
[18] Amnon Shiloah, Jewish Musical Traditions (Detroit: 1992). His book is based on a course in Hebrew that Shiloah prepared for the Open University in the years 1985–1987.
[19] Wohlgelernter, “Simply Shlomo.”
[20] A typical Carlebach tune has two contrasting sections of only eight bars each, with the second one in a higher register, melodic sequences, and constant syncopation (with the rhythm accenting a normally weak beat) – see Motti Regev and Edwin Seroussi, Popular Music and National Culture in Israel (Berkeley–Los Angeles–London: 2004), 129.
[21] Velvel Pasternak, “A Musical Legacy,” Aquarian Minyan Newsletter, Autumn–Winter, 1995, reprinted in David Wolfe-Blank (ed.), The Aquarian Minyan KhaZak! Khazak!, 388–389.
[22] Regev and Seroussi, Popular Music, 127–128.
[23] Adapted from Samuel C. Heilman, Sliding to the Right: The Contest for the Future of American Jewish Orthodoxy (Berkeley and Los Angeles: 2006), 291.
[24] Ibid.



Candles on Yom Kippur: Reinstating a Lost Minhag

The Physical and Spiritual Light of Yom Kippur:
Reinstating a Lost Minhag to Enhance the Spirituality of Today’s Synagogue
by: Rabbis Aaron Goldscheider & Barry Kornblau*
Introduction

“Or Zarua la’tzadik – Light is sown for the righteous.” Each year, we begin our Yom Kippur prayers with these repeated, resounding words which Aruch Hashulchan tells us refer to “great matters that are beyond explanation.” If there is one evening of the entire Jewish year when we most seek the great, inexplicable light of God’s shechina, it is Yom Kippur eve. We enter the synagogue with great expectations, to feel close to the Divine, and to feel the warmth of His light and presence. As we say throughout the penitential season, Hashem ori ve’yishi – God is my light and salvation.

Below, we shall see that rabbinic literature prescribes the lighting of candles in the synagogue on Yom Kippur eve. We believe that, for many, reinstating this practice could enhance the spirituality of Yom Kippur eve.

An ancient practice

The practice we seek to reinstate is neither the kindling of Yahrzeit candles, nor the lighting of candles lit by women at home on each Shabbat and Yom Tov evening, including Yom Kippur eve. Rather, it is a third practice – usually not seen here in the United States – that dates back nearly two millennia, to the Mishna. Let us consider the Misnha (Pesachim 4:4 in its entirety, which begins with the custom of candle lighting in the home:

מקום שנהגו להדליק את הנר בלילי יום הכפורים – מדליקין; מקום שנהגו שלא להדליק – אין מדליקין

A place where they have practiced to kindle the light on Yom Kippur eves – they kindle.
A place where they have practiced not to kindle – they do not kindle.

The Tosefta and both the Babylonian and Jerusalem Talmuds all explain that these differing practices regarding whether to kindle lights in private homes are both intended to prevent marital relations on the night of Yom Kippur, when that activity is forbidden. The custom to kindle was intended to remind a couple to refrain from marital relations on Yom Kippur eve by creating a lit setting in which such relations are forbidden by Talmudic law, and in which people would be naturally sexually reticent.[1] The custom not to light on Yom Kippur eve, on the other hand, was intended to diminish the husband’s desire for relations with his wife by eliminating the light which allows him to see her and thereby desire her.

Having considered differing practices regarding lighting in private homes, the Mishna goes on to discuss the uniform practice of lighting in public venues – the main focus of this post at the Seforim blog:

ומדליקין בבתי כנסיות ובבתי מדרשות. ובמבואות האפלים, ועל גבי החולים

They kindle in synagogues, study halls, and dark alleyways, and near the ill.

The Tosefta (Pesachim 3:11) expands this list to include other public places such as inns, bathhouses, and restrooms (or, according to one interpretation, mikvaot.) The need to illuminate these various public locations is strictly practical: so people can see where they are going, what they are doing, do not trip, can relieve themselves, immerse themselves in a mikvah,[2] and the like. Since the above sources generally confine themselves to rules on halachic, not practical matters, the Jerusalem Talmud (Pesachim 4:4) explains that this last phrase of the Mishna teaches a halachic point, as well: namely, that even where kindling in private homes is forbidden, kindling in public venues is permitted since there is no concern for marital relations occurring in such settings.

The Mishna, Tosefta, and Talmuds, then, note the uniform practice of kindling lights in synagogues and study halls on Yom Kippur eve. It is a practical matter, whose halachic background relates to the specific issue of the prohibition of marital relations on Yom Kippur. This was true beyond the Talmudic period, as well. R. Eliezer b. R. Yoel HaLevi in Sefer Ravyah (section 528) states explicitly that his community did follow the Talmudic custom to kindle lights in synagogues and study halls, relating this kindling to the Talmudic concerns.[3]

Rosh and the Establishment of a Halachically Mandated Lighting

The halachic works of French Jewry, however, invest the kindling of lights on Yom Kippur with symbolic, ritual, and mandatory meanings. In 11th Century France, for example, Machzor Vitri (Seder shel Yom Hakippurim) describes the formal minhag in his community to kindle lights on Yom Kippur, and provides a Midrashic basis for this custom [the Machzor Vitri also records that the Geonim followed this custom as well]. The Midrash (Tanchuma YaShan 24, P. Emor) asserts that God does not require the mitzvoth of Man, and that the light of the menorah in the Temple is therefore for Man’s benefit – to protect him – and not for God’s benefit. Similarly, since Proverbs 20:27 likens a person’s soul to a candle, Machzor Vitri concludes that kindling lights on Yom Kippur protects. Machzor Vitri, however, does not detail that protection or how it connects to Yom Kippur.

In 13th Century France, Rosh (Yoma 8:9) also recognizes this minhag, indicating that an abundance of candles were typically lit in synagogues. Unlike Machzor Vitri, however, Rosh places this custom into a broader and more familiar halachic framework, namely, kavod Yom Tov. To do so, he begins by citing the Talmud’s requirement (b. Shabbat 119a) to wear clean clothes on Yom Kippur to honor the day in the absence of food and drink through which one honors other holidays.Then, he cites Targum Yonaton to Isaiah 24:15 to show that kindling lights is a form of honoring God. Therefore, he concludes, “yesh le’chavdo (one should honor it)” through all means considered to be honor. For Rosh, kindling lights on Yom Kippur eve fulfills this halachic requirement to honor the day. Rosh’s son, the author of the Arba’ah Turim, follows the approach of his father in this area.

Kol Bo (early 14th Century France and Spain)(sec. 68) introduces two further practical considerations favoring this kindling. First, the recitation of the less familiar Yom Kippur prayers “all day and night” necessitates lighting candles in synagogues. Second, such a candle can be used to fulfill the special halachic requirement of ner she’shavat for the havdalah candle used at the close of Yom Kippur.

Mordechai equates the lighting with the judgment of one’s soul

Rosh’s immediate contemporary,R. Mordechai b. Hillel Ashkenazi in his Mordechai, (comment #723 to b. Yoma) provides an entirely different basis for this kindling.17 As we shall see, his rationale will take us far away from the issues of honoring Yom Tov and the practical considerations we have seen so far. It is noteworthy that Mordechai prefaces his novel explanation by stating his conscious intent to strengthen this minhag. As we shall see, Mordechai succeeded in this regard, perhaps beyond his own expectations.

Mordechai begins by quoting a statement from the Talmud (b. Horiot 12a, b. Kritut 5b) indicating that if one wants to see if he will live out the year, he should light a candle and place it in a windless room from Rosh Hashana until Yom Kippur. If the flame lasts, then he will live out the year. (Below we will discuss this practice in light of the Torah prohibition of nichush (divination).) Mordechai rules that “in our time, the practice is to kindle a candle on Yom Kippur for every person since it is the gmar din (the final day of judgment).” Apparently, Mordechai means that, since Jews in his time no longer lit candles during the entire period of judgment from Rosh Hashana to Yom Kippur, we symbolically include that entire time period by lighting a candle at its close, on Yom Kippur.

In late 14th Century Germany, R. Yaakov Moelin in Maharil (Hilchot erev Yom Kippur) cites Mordechai, suggesting that the lighting is a personal obligation that symbolizes the soul of man standing before God on the day of judgment, Yom Kippur. He also notes that the practice was for only men and boys to light but not women or girls, providing a number of homiletic and halachic suggestions for why this might be so. The simplest of them is that a married woman fulfills her obligation through her husband’s lighting. Maharil’s student Mahariv (Responsa Mahiri Weil 192) also elaborates on these matters, and prohibits the then common practice of instructing a gentile to rekindle one’s candle that went out on Yom Kippur.

Codification in Shulchan Aruch, Rema and beyond

How are the differing traditions of Rosh and Mordechai reflected in the voices found in the standard code of Jewish Law, Shulchan Aruch? R. Yosef Karo cites Mordechai’s approach in his Beit Yosef, but his final codification in Shulchan Aruch reflects the tradition of Rosh; i.e., there should be lights in the synagogue and elsewhere, not that there is an individual obligation to kindle such lights.

In his glosses to the Beit Yosef and the Shulchan Aruch, however, Rema (R. Moshe Isserles) codifies the approach of Mordechai, mandating an individual lighting. As he does so, he adds further stringencies to this kindling. For example, Rema rules that if one’s light is extinguished on Yom Kippur, one must relight it at the conclusion of Yom Kippur and allow it to burn down completely. Similarly, although one whose light burned throughout Yom Kippur could extinguish it out at the end of Yom Kippur, one whose candle went out during Yom Kippur must accept upon himself that neither he nor others will ever extinguish his candle at the end of Yom Kippur. Apparently, these build upon an implication of Mordechai’s Talmudic source; namely, that it is a bad sign if one’s candle goes out on Yom Kippur.

A century later, R. Mordecahi b. Abraham Jaffe in his Levush accepts these rulings of Rema, and adds a further stringency based upon the reasoning of Machzor Vitry. First, he sharpens Machzor Vitry’s reason of “protection” by indicating that the Yom Kippur eve light kindled in the synagogue atones for the soul of the one who lights it. Therefore, he (and subsequent authorities, as well) prohibits lighting a candle for a meshumad (an apostate) so that his soul cannot gain an atonement which it does not deserve.

These varied codifications of the practice to light candles in the synagogue by Tur, Beit Yosef, Shulchan Aruch, Rema, and Levush both reflected and contributed to its spread to all of world Jewry. Indeed, in his comments to the Shulchan Aruch, Magen Avraham notes that concerns about fire safety had prompted a widespread practice to hire a Gentile to guard the synagogue throughout the night of Yom Kippur. That, in turn, prompted him to decry infractions of the regulations pertaining to what such a Gentile may be instructed to do in the context of the laws of Yom Kippur.

So far, then, we have seen at least six separate reasons to kindle candles on Yom Kippur eve in the synagogue (in addition to Yahrzeit and Yom Tov candles lit at home): to protect (Machzor Vitri) or gain atonement (Levush); to fulfill the halachic obligation to honor Yom Kippur day (Rosh); to dramatize the final judgment for the forthcoming year that is given for each person on Yom Kippur (Mordechai); and to address practical issues of having a ner sh’shavat and to provide adequate illumination for the extended, unfamiliar nighttime prayers of Yom Kippur (Kol Bo).

A theoretical problem becomes a practical one

Before continuing to follow this practice’s further development, let us return to a problem in Mordechai’s Talmudic source. It indicated that if one lights a candle at Rosh Hashana time which remains lit until Yom Kippur, then this is a sign that one will live out the year. In his comments to Horiot 12b, Maharasha (16th C) states the problem succinctly: “This practice is apparently forbidden by the prohibition of ‘You must not practice divination’ (Vayikra 19:26). For what reason is this [and other similar practices mentioned in the Talmud] permitted…?”

Maharsha’s answer is that this practice of lighting is permitted because it is an act symbolizing one’s hope for a future good (a siman tov) which does not imply the inverse belief that the absence of that sign will negatively affect the future with certainty. Correspondingly, the Talmud only states the positive sign of the candle remaining lit but does not mention the significance of its going out.

However, the widespread popularity of Mordechai’s approach as well as its intensification over time through the successive stringent rulings of Rema, Levush, and others, created a corresponding intensity about this matter in the minds of Jews. Apparently, the Jewish masses did not maintain Maharsha’s caution about the non-significance of their light going out. Put simply, it appears that ordinary people considered this flame to bear a heavenly sent message regarding their very lives in the forthcoming year. If their flame was extinguished before the end of Yom Kippur, then this implied they would not live out the year. Aruch Hashulchan (OC 610:6) and Mishna Berura (OC 610:14), for example, both write that the Jewish masses were distraught if their candle went out on Yom Kippur. As a result, what was a theoretical problem for Maharsha became a practical problem for these later halachic authorities.

They address this problem in three distinct ways. First, they provide practical ways to avoid seeing whether one’s light goes out. Aruch Hashulchan suggests lighting one’s candle amidst those of others so that one’s own candle is no longer specifically identifiable. (OC 610:6) Similarly, Mishna Berura suggests having a shul representative light all the candles so that people cannot identify their own candle. Second, while still encouraging individuals to light their candles, Aruch Hashulchan exhorts the people to be “whole with your God,” and that “it is not becoming for the Holy People [of Israel] to walk in the ways of divination.”

Finally, Aruch Hashulchan also extends the reasoning of Rosh, writing that the lights are not only to honor the day of Yom Kippur, but that “the practice is to honor the King with great lights and this, indeed, is the practice of all Israel, to multiply lights to honor this holy day…in all of the rooms of one’s home, in synagogues, in study halls, in dark alleyways, near the ill, in order that the light should be great and found in all places…”

Where did this centuries old minhag go in the US?

It is clear, then, the preponderance of standard halachic works from the Mishna to the Mishna Berura consider the kindling of candles on Yom Kippur in the synagogue to be the standard, widely practiced, custom. Mateh Ephraim even records its Yiddish moniker, dos gezunteh licht – the light of health and well-being (603:8). And yet in America, this practice has fallen by the wayside.[4] Where did it go? We don’t know for sure. We can conjecture that electric lighting and fire safety concerns in American synagogues displaced it.

Reintroducing a lost minhag, and practical implementation

We believe that the rabbis and synagogue lay leaders should consider reintroducing this beautiful practice to their sanctuaries. This is opportunity for even the most traditional synagogue to do something new and unexpected that is, at the same time, an ancient tradition of our people, practiced for millennia across all the lands of our dispersion. A synagogue already adorned with a white parochet, white kittels and white talitot can now be aglow with the flames of candles lit by each and every member of the synagogue. This will create a unique setting of purity and awe that is conducive to prayer, introspection, and distinct holiness of Yom Kippur itself. [5]

Notes
[1] Interestingly, this reasoning assumes that the prohibition to have marital relations by candlelight was more widely known and observed by the people then the prohibition of marital relations of Yom Kippur itself.

[2] According to some opinions, a ba’al keri was permitted to immerse himself on Yom Kippur, despite the general prohibition to wash or immerse oneself on Yom Kippur.

[3] It is worth noting Rambam, (Hilchot Shvitat Asur, 3:10) for example, codifies these Talmudic sources and mentions the two varying practices regarding kindling in one’s house, but entirely omits discussion of kindling in all public venues. Magid Mishneh (explains Rambam’s omission in a manner similar to the Jerusalem Talmud’s comment (above), noting that the practice not to kindle in private venues never extended to public ones since couples are not secluded there.

Similarly, writing in Vienna at the turn of 13th Century, Or Zarua elaborates at great length upon many familiar minhagim of Yom Kippur eve, yet entirely omits mention of kindling lights in synagogues.

[4] We have seen a practice in some American synagogues that seems related to the tradition we have delineated; i.e., women light their Yom Tov candles for Yom Kippur in synagogue, instead of at home. There are many reasons, however, why this is not the lighting we are advocating. First, since the days of Maharil, only men have done the lighting we describe, but not women. Second, these women are reciting the blessing for Yom Tov kindling over these candles. Unlike most other Shabbat and Yom Tov evenings, women on Yom Kippur are not at home but rather in synagogue. It would seem, then, that they light where they will be while their candles are lit. Indeed, they may feel it unsafe to leave unattended candles lit at home.

[5] Here are some recommendations for those interested in introducing this practice to their synagogues:

*Dim the electric lighting for Yom Kippur eve if technically possible.
*Each synagogue will need to think creatively about how to arrange the candles to be light, given the layout of its sanctuary. Note that a wide variety of candle holding devices are available for sale today through the Internet and other venues.
*In keeping with the ruling of R. Yosef Karo, candles can be arranged without any correspondence to the number of individuals or families in the synagogue.
*Alternately, in keeping with Ashkenazic tradition, lighting can be done by each individual man on behalf of himself and his family. Women, too, can light their own candle if they wish29. It will be necessary in advance of the holiday to encourage those who will be lighting of the need to participate in this practice. Presumably, this could be done by a letter, a class, at the time of ticket distribution, or in other ways. To accommodate the concern first articulated by Maharil, time would also need to be scheduled for people to do this in an orderly and safe manner prior to the onset of Yom Tov. Coming to synagogue earlier might also encourage congregants to enter Yom Kippur in a more reflective manner, recite tefillah zaka, etc.
*Of course, as Magen Avraham pointed out, each synagogue will need to attend to fire safety concerns within the confines of halacha, as well.

[Ed. note – For Additional Reading: for more on the custom of lighting candles on Yom Kippur, see R. Y. Goldhvaer’s Minhagei HaKehilot, Jerusalem, 2005, 88-96, available here (PDF)]

* Aaron Goldscheider serves as the Rabbi of the historic Mount Kisco Hebrew Congregation in N. Westchester, NY.
Barry Kornblau serves as rabbi of the Young Israel of Hollis Hills-Windsor Park, and the Director of Committees and Operations at the Rabbinical Council of America.




The Rogochover and More: Excursus on Fasting

The Rogochover and More: Excursus on Fasting
Marc B. Shapiro
Relevant to what appeared in the last post (see note 13), I wish to mention some leniencies regarding fast days that contradict mainstream halakhah. I have also included other interesting material regarding the fast days.
1. R. Israel Jacob Fischer, dayan on the beit din of the Edah Haredit, stated that in our day all pregnant women up until the ninth month must eat on Yom Kippur פחות מכשיעור. See his haskamah to R. Baruch Pinchas Goldberg, Penei Barukh (Jerusalem, 1985), where he writes:
כיום הזה שנחלשו הדורות, ועשרות רבות של נשים מפילות ע”י התענית, צריכין כל הנשים המעוברות עד החודש התשיעי לאכול ביוהכ”פ פחות מכשיעור.
For a criticism of this great leniency, which contradicts Shulhan Arukh, Orah Hayyim 617:1, see R. Eliezer Waldenberg, Tzitz Eliezer, vol. 17, no. 20. Elsewhere, R. Fischer states that pregnant women are forbidden to fast on Tisha be-Av.
מעוברת אסורה להתענות בת”ב, ואין כאן דין שיעורים, כי במקום סכנה לא גזרו חז”ל
See Even Yisrael, vol. 9, no. 62. This too is at odds with Shulhan Arukh, Orah Hayyim 554:5, which rules that pregnant women are obligated to fast on Tisha be-Av.
In an article on the OU website[1] R. Y. Dov Krakowski writes:
There are those who are Noheg that pregnant women do not even begin to fast on Tisha B’Av (there is very little if any Halachik backing to this hanhaga, but many of the chosheve senior Poskim have such a Mesorah. I have personally heard this from many family members who heard this from my great uncle the Veiner [!] Rov Zetzal and from my wife’s grandfather Harav Lipa Rabinowitz who says it in the name of his grandfather the Sundlander Rov Zatzal).
R. Yosef David Weissberg also reports that many halakhic authorities rule that in contemporary times pregnant women are not obligated to fast on Tisha be-Av.[2]
2. R. Akiva Joseph Schlesinger writes that he has a tradition from the Hatam Sofer that pregnant and nursing women should only fast on Yom Kippur, and even women who are not pregnant should only fast on Tisha be-Av and the other fast days if they are very healthy.[3] He also quotes an oral tradition from the Hatam Sofer which seems to be saying that if he had the authority, he would have abolished the fast days other than Yom Kippur and Tisha be-Av. (See note 4 for another source where the Hatam Sofer says this explicitly.)
ובפרט אחרי כי בא חולשא לעולם, שמענו מהחת”ס זיע”א שאמר אי לאו דמיסתפינא כלפי ד’ תעניות חוץ מיוהכ”פ ות”ב מטעם חשש סכנה לכמה בני אדם, ובפרט לנשים ה’ ירחם, ולא להניח לבנותיו להתענות חוץ מהנ”ל.
His last words are not entirely clear. I think they mean that he would have preferred not to allow his daughters to fast except on Yom Kippur and Tisha be-Av, but not that he did so in practice. He does not say ולא הניח לבנותיו but ולא להניח לבנותיו.
The editor adds a note explaining the passage just quoted, but he misunderstands what R. Schlesinger means when he writes .מטעם חשש סכנה לכמה בני אדם He also mistakenly understands the passage to mean that the Hatam Sofer forbade all women to fast, other than on Yom Kippur and Tisha be-Av.
כאן כתב רבינו פסק החת”ס לענין שאר תעניות, דהיה אוסר להתענות לכל הנשים ואפילו למי שאינם מעוברות ומניקות, ולאנשים היה מתיר לכמה בני אדם אי לא דמסתפינא, אבל לנשים החליט להיתר.
R. Schlesinger also states that the rabbis did not allow women to fast except for Yom Kippur and Tisha be-Av.
בענין התעניות, בחולשתינו, רבותינו לא הניחו לנשים להתענות חוץ מט”ב ויוהכ”פ.
R. Schlesinger himself suggests that the women not fasting should give some money to charity and fast a few hours or even abstain from food the evening before the fast actually begins.
Returning to the Hatam Sofer’s comment that if he had the authority, he would abolish the fast days other than Yom Kippur and Tisha be-Av, the exact same thing was said by R. Abraham Joshua Heschel of Apta. He added that on Yom Kippur, who needs to eat (since we should be so involved in our prayers), and on Tisha be-Av, who is able to eat (as we should be so focused on mourning what we have lost)?[5]
אם הייתי בכוחי הייתי מבטל כל התעניתים חוץ מיום המר והמנהר (הוא ט’ באב), שאז מי יוכל לאכול. וחוץ מיום הקדוש והנורא (הוא יום כפור), דאז מי צריך לאכול.
R. Abraham also reported that he was told by his teacher, R. Elimelech of Lizhensk, that if he could find two others to join with him, he would abolish “the fasts” (presumably, everything except for Yom Kippur and Tisha be-Av).[6]
3. R. Ovadiah Yosef, Yabia Omer, vol. 10, Orah Hayyim no. 39, discusses the laws of a nursing woman and the various fasts. On p. 503, in the hosafot u-miluim, he adds:
מש”כ להקל במינקת שאפילו הפסיקה להניק אם היא בתוך כ”ד חודש ללידה פטורה מלהתענות ג’ צומות ותענית אסתר. יש להסתייע ממ”ש הגאון בעל דרכי תשובה בשו”ת צבי תפארת סוף סי’ מח: וז”ל: ודע כי שמעתי מפה קדוש של מורי הגאון הקדוש אדמו”ר רבי יחזקאל משינאווא זצללה”ה, שאמר, כי הוא מקובל מגאוני וצדיקי הדור הקודמים זצ”ל, שכל אשה שעומדת עדיין בימים שיכולה ללדת, ובימי הצומות היא חלושת המזג, אפילו היא בריאה ושלימה, נכון יותר שלא תתענה, ורק לאחר שיפסוק זמנה מללדת עוד, אם תהיה בבריאות תשלים אותם התעניות, לחיים ברכה ושלום. ע”כ
This is a fascinating passage as R. Ovadiah is quoting R. Zvi Hirsch Shapira in the name of R. Ezekiel Halberstam of Shinova, who himself is passing on a tradition from earlier geonim and tzadikim, that women of childbearing age, even if they are not pregnant, do not have to fast if they feel weak. This ruling is in contradiction to Shulhan Arukh, Orah Hayyim 550:1, which states that women are also obligated to fast on the 10th of Tevet, 17th of Tamuz and Tzom Gedaliah, and does not give any exemption if they feel weak (as pretty much everyone feels a little weak when fasting). As we have already seen, R. Akiva Joseph Schlesinger states that “our rabbis” did not allow any women, not just those of childbearing age, to fast on these days.
R. Meir Mazuz, Sansan le-Yair (2012 ed), p. 354, notes this passage of R. Zvi Hirsch Shapira and reacts very strongly:
והוא נגד חז”ל חכמי התלמוד וכל הפוסקים שלא התירו רק למעוברת ומניקה. ומזה למדו רוב המורות והתלמידות בבית יעקב בימינו שלא לצום כל ד’ תעניות, ואוכלות בריש גלי בשעת ההפסקה כאילו לא היו ד’ תעניות בעולם ולא תיקנו אותם הנביאים.
Is R. Mazuz correct that most teachers and students at Bais Yaakov schools do not fast on the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther? I know that in the yeshiva world many do not fast, but my question is, is this really the majority, and are there any differences between Bais Yaakov schools in the U.S. and Israel? (Even though R. Mazuz refers to ד’ תעניות established by the prophets, I am assuming he means the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther, as religious women of all stripes fast on Tisha be-Av.)
See also here where R. Yitzhak Yosef states that he heard that in some seminaries they tell the young women that they do not have to fast except for Yom Kippur and Tisha be-Av.
When I told a friend about what this post is focused on, he mentioned that he knows that many women do not fast other than on Yom Kippur and Tisha be-Av, but that he never heard of a “mainstream” posek who had this position. From R. Mazuz’s harsh comment it seems that he too assumes that there is no real halakhic basis for the practice of not fasting. My response to my friend, which I now share with readers, is that you can’t get any more mainstream than the great R. Shlomo Zalman Auerbach, and this was indeed his position. In Halikhot Shlomo: Moadei ha-Shanah, Nisan-Av, p. 401 n. 16, the following appears:
ולענין נשים הי’ דרכו של רבנו להשיב לשואלים שהמנהג במקומותינו היה שהנשים אינן מתענות כלל, ואף הנערות, מלבד תשעה באב ויוהכ”פ. אבל לאנשים אין להקל כלל בד’ תעניות ותענית אסתר יותר מהבמואר בפוסקים.
It is hard to criticize women for not fasting on the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah, and Ta’anit Esther when R. Shlomo Zalman Auerbach saw no problem with this practice.
As with R. Mazuz, R. Eliezer Shlomo Schik, here, uses the expression “4 fast days” and it refers to the 10th of Tevet, 17th of Tamuz, Tzom Gedaliah and Ta’anit Esther. He notes that the practice in Breslov is that no women fast on these days. I have been told that among other hasidic groups there is variation. Some women fast on these days, others never fast, and some do not fast if they are married and of childbearing age. (In discussing unusual leniencies, there is no need to mention standard kulot that deal with pregnant and nursing women.)
R. Yohanan Wosner, a dayan in the Skverer community, writes that while some permit married women of childbearing age to forego the fasts (other than Tisha be-Av and Yom Kippur), there are those who permit even unmarried women to do so.[7]
In R. Simhah Rabinowitz’s Piskei Teshuvot, Orah Hayyim 550:1, he states that a few great figures (gedolei ha-dorot) were lenient and permitted all women of childbearing age to forego the fasts (other than Tisha be-Av and Yom Kippur). I must note, however, that none of the figures he refers to were halakhic authorities. The first source he cites was mentioned by me in the last post, note 13.[8] In it we see that the hasidic master R. Nathan David of Szydłowiec said that no women of childbearing age should fast, except for on Yom Kippur. The fact that he said that even on Tisha be-Av such women should not fast is, I think, quite radical. The passage also records a subversive comment from R. Ezekiel of Kozmir about how the Anshei Keneset ha-Gedolah, who instituted the fast days, are embarrassed now because they did not anticipate the much weaker recent generations. R. Ezekiel  The point of such a comment was presumably to “give cover” for those who find it difficult to fast and thus choose not to.
ושמעתי מחסיד ישיש א’ שנסע להרה”ק ר’ יחזקאל מקאזמיר ז”ל שהוא היה מקיל גדול בתעניות, ואמר שאנשי כנסה”ג שתקנו התעניות מתביישין על שלא הסתכלו בדורות אלו, וסיפר כמה ענינים מקולותיו שהיה קשה לי לכתוב, ובשם רבינו הקדוש ז”ל מפאריסאב שמעתי שאמר בזה”ל מוזהר ועומד אני מהה”ק ר’ נתן דוד ז”ל משידלאווצע לדרוש ברבים ששום אשה שראויה עדיין לילד לא תתענה כ”א ביום הקדוש, ולכן עכ”פ אדרוש זאת לידידיי.
The second source R. Rabinowitz cites is a report that R. Menahem Mendel of Kotzk said that with women one must be lenient when it comes to the fast days, as they need strength to give birth.[9]
שמעתי מהה”ג מהו”ר מאיר בארנשטיין ז”ל ששמע מפ”ק כ”ק מרן הקדוש זצוקלל”ה מקאצק דבאשה יש להקל בתעניות משום שצריכה כח להוליד בנים.
This is a very sensible statement which incidentally all poskim would agree with. But contrary to what R. Rabinowitz states, it says nothing about exempting women of childbearing age from any fast days. It only says that when dealing with such women the posek should be lenient.
The final source R. Rabinowitz quotes is from R. Ezekiel Halberstam of Shinova which was mentioned already.
4. R. Sadqa Hussein (1699-1772) was the leading rabbi in Baghdad in his day. He ruled that no pregnant women should fast on Tisha be-Av, as it was so hot in Baghdad that fasting created a situation of sakanat nefashot.[10]
5. Here is a fascinating section of a 1953 letter from Joseph Weiss to Gershom Scholem.[11] It provides evidence that there was a time that members of the Ruzhiner “royal family” did not complete the fast of Tisha be-Av.[12] Do any readers know anything about this?
 
It could be that this practice relates to the tradition that R. Israel of Ruzhin died at the premature age of 54 as a result of fasting on Yom Kippur. Ahron Marcus writes:[13]
הוא נפטר מצמאון הלב שנגרם לו, כעדות הרופא המפורסם מלבוב, ד”ר יעקב רפפורט, ביום הכפורים האחרון תרי”א, כאשר התגבר על הבולמוס של צמא והשלים את תעניתו, מבלי לגמוע טיפת מים במשך היממה. הרבנים הנוכחים, אשר מורי הרבי שלמה רבינוביץ זצ”ל גינה את מבוכתם, לא העיזו להתיר לו את השתיה, על אף הדין המפורש בשולחן ערוך במקרה כזה. הוא הסתפק בכך, שטבל את קצות אצבעותיו בקערת מים ונשם את ריח המים, ובזה הגביר את ענוייו. המסכנים לא הבינו, כי גופו של אותו צדיק, על אף כפיפותו המוחלטת לכוחות הנפש, היה נתון לחוקי טבע רגילים. הוא לא שב לאיתנו, ונסתלק בג’ מרחשון.
In discussing this story, R. Shlomo Yosef Zevin writes:[14]
ומכל הרבנים הגדולים שהיו שם לא עלתה אף על דעת אחד מהם, שאם הצדיק אמר כן, בודאי הוא מרגיש כי בנפשו הוא, ויש פקוח נפש בדבר. שתקו הרבנים ומכיון שלא התירו לו, סבל הצדיק, וקפצה עליו מחלת הלב, שקורין “הערץ-וועסער זוכט”, ומאנה להרפא. מחלתו נמשכה עד יום ג’ מרחשון, ונשמתו הטהורה עלתה אז לגנזי מרומים.
This is obviously an extreme example of being “frum” at someone else’s expense, in this case at the expense of literally his life.
Regarding R. Israel of Ruzhin, it is also recorded that he said that if someone feels a little bit weak he should not fast.[15]
וכשם שמצוה לשמור ישראל מעבירה כן מצוה ליזהר לכל איש אם יש לו מעט רפיון כח שלא יתענה.
It is not clear if this advice refers to all fasts, including Yom Kippur and Tisha be-Av.
Since the above-mentioned permission to eat on Tisha be-Av – and no doubt this also applied to the other fast days aside from Yom Kippur – was reserved for members of the Ruzhin “royal family,” it reminded me of a passage in R. Moses Sofer, Hatam Sofer al ha-Torah, vol. 2, p. 165a (haftarah for parashat Pekudei). The Hatam Sofer states that in theory, if one is able to focus all of his intentions on the glory of God, without getting any physical benefit, then it would permissible to eat on Yom Kippur. But he adds that this is something that only gedolei Yisrael can accomplish.
דודאי לאכול ביה”כ לשם מצוה אם אדם יכול לכוון כל מחשבתו לכבוד ה’ בלי שום כונה אחרת להנאת הגוף אזי היא צורך גבוה כמו קרבנות נשיאים ועוד טוב ממנו ויפה דנו ק”ו אך מי יכול לעמוד בזה כ”א גדולי ישראל שהרי משום כך ס”ל לאבא שאול [יבמות לט ע”ב] מצות חליצה קודם למצות יבום לרוב העולם שאינם יכולי’ לעמוד על מחשבתם שלא לכוון להנאת הגוף.
6. R. Joseph Mordechai Yedid Halevi, Yemei Yosef (Jerusalem, 1913), vol. 1, Orah Hayyim, no. 9, states that scholars and melamedim, if their fasting will affect their learning or teaching, are not obligated in any of the fasts other than Yom Kippur and Tisha be-Av. He says that his ruling is halakhah ve-lo le-ma’aseh.
7. The practice in Stockholm used to be that the community ended the fast of the 17th of Tamuz nine and a half hours after hatzot, which is before it is dark. This practice was defended by R. Benjamin Zvi Auerbach in his Nahal Eshkol, Hilkhot Tisha be-Av, p. 16 n. 1. I have heard from R. Chaim Greisman, the Chabad rabbi in Stockholm, that today they end the fast of 17th of Tamuz when it is dark. According to the times provided on www.chabad.org, in 2018 this will be at 11:38pm, with the fast beginning that morning at 12:51am (alot ha-shachar).[16] R. Michael Melchior, the chief rabbi of Norway, informs me that they also end the fast at darkness. This means that in 2018 in Oslo the fast of the 17th of Tamuz will end at 12:19am, with the fast beginning at 1:20am.[17]
R. Aaron Worms, Meorei Or, vol. 4 (Be’er Sheva), p. 14b, writes as follows about the northern European countries:
וכבר שמענו שהקילו רבנים קדמונים במדינו’ ההם לסיים תעניתם בצום הרביעי וצום החמישי בעוד היום גדול בשעת חשיכה לרוב גלות ישראל ואף שתענית שלא שקעה עליו חמה לאו תענית שאני התם שמעקרא לא קבלו יותר מרוב ישראל.
Notice how he also refers to ending Tisha be-Av (tzom ha-hamishi) when it is still daylight. The justification he offers is the same as was later given by R. Auerbach, but R. Auerbach’s justification was only stated with regard to the 17th of Tamuz, not Tisha be-Av.
8. R. Ernst Gugenheim, Letters from Mir (New York, 2014), p. 106, wrote as follows in 1938:
Tomorrow [the day before Purim] will be a day of fasting. Here [in the Mir Yeshiva], they are rather meikil with respect to this viewpoint, and many bachurim, too weak, do not fast completely. It is true that every day for them is a day of half-fasting, such that they are quite weakened.[18]
9. R. Mordechai Eliyahu ruled that a pregnant or nursing woman can break her fast on Tisha be-Av if she is having difficulty fasting, and she does not need to ask a halakhic question. Rather, she is to determine herself if it is too difficult for her.[19] In 2007, because it was very hot on Tisha be-Av, R. Eliyahu ruled that no pregnant women needed to fast.[20]
10. R. Shmuel Salant was very liberal when it came to the fasts other than Yom Kippur and Tisha be-Av. If someone merely said that he was thirsty and wished to drink, R. Salant would immediately tell him to do so. If someone told R. Salant that fasting was difficult for him, R. Salant would permit him not to fast, and he did not ask for any particulars from the questioner. This was based on a teaching he had from R. Isaac of Volozhin, “that one safek sefeka related to pikuah nefesh pushes aside many fasts.”[21] Once, on a fast day between minhah and maariv, he heard someone say that he was thirsty and was waiting for maariv so that he could drink. R. Salant immediately got the man a cup of water and told him to drink it.[22]
A similar approach is recorded with regard to R. Meir Shapiro[23].
והיה אומר כי בדורות החלשים כבימינו כל מה שאוכלים הוי ככדי חייו, וצום הוי כסכנה לאנשים רבים, ולכן התיר להרבה לאכול בימי צום.
11. R. Haim Ovadia, a contemporary liberal Orthodox rabbi, argues that the minor fasts (which include all fasts other than Yom Kippur and Tisha be-Av) are optional in today’s day and age. See his discussion here. He concludes his analysis as follows:
In the current state of the Jewish people in Israel and abroad, the Talmudic rule demands that fasting on the minor fast days should be optional, and according to Ha’Meiri, fasting would even be forbidden, maybe because it shows lack of gratitude to God. For that reason, one who chooses not to fast on these days cannot be considered one who breaches the law, and can definitely rely on the ruling of Rashba. Hopefully, in the coming years, more and more individuals will choose to acknowledge the fact that we leave [!] in better times and develop a more positive worldview, and as a result maybe persuade the rabbinic leadership to reassess the situation and leave us with only two fast days, Tisha Be’Av and Yom Kippur, thus making those two much more meaningful.
12. R. Herschel Schachter, Nefesh ha-Rav, pp. 261-262, writes:
כשהורי רבנו התחתנו, שלח הגר”ח להודיע להכלה מרת פעשא שא”צ להתענות ביום חתונתה, כי כך היה דן כל אדם בזה”ז כחולה שאב”ס, שא”צ להתענות בשאר תעניות [ואפי בט’ באב, כדעת המחבר (תקנ”ד ס”ו) והאבני נזר (חאו”ח סי’ תכ”ט), ודלא כדעת הט”ז (שמה סק”ד), (כן שמעתי)] חוץ מביוה”כ. . . . נהג רבנו להתענות בכל התעניות, ואפילו ביאה”צ.
R. Schachter cites R. Chaim Soloveitchik as saying that today everyone is regarded as suffering from a non-life-threatening illness and thus there is no obligation to fast other than on Yom Kippur. He adds that R. Joseph B. Soloveitchik did not follow this view but fasted on all the fast days, including when he had yahrzeit.
This is a radical view, as I do not know anyone else who stated that other than Yom Kippur, there is no longer an obligation to fast, even on Tisha be-Av. I must note, however, that there is no real source for this report in the name of R. Chaim. I spoke to R. Schachter about this and he told me that there is also a story that R. Chaim left a will stating that people should not fast on Tisha be-Av. Again, there is no source for this report, and like many such stories it is hard to know if there is any truth to it. Had R. Chaim felt strongly about this matter he could have announced his supposed view to his community, but he never did so.
There is something else that should be mentioned in this regard. The late Professor Aaron Schreiber told me that he heard from R. Simcha Sheps, who studied in Brisk, that one day on the 17th Tamuz he visited the Brisker Rav, R. Isaac Zev Soloveitchik, in Jerusalem. He entered the Brisker Rav’s home and found him at the table eating! It is hard to know how much faith we can put in such a report as with the passage of time people’s memories can change. Someone I know was told by R. Ahron Soloveichik that the Brisker Rav ate on Tishah be-Av, but this was for a medical reason, not because of any halakhic rationale regarding the current binding nature of the fasts.
13. The Ben Ish Hai, parashat Shoftim (first year), no. 17, rules that a groom – the same would apply to a bride – within the week of his wedding does not fast on Tzom Gedaliah, 10th of Tevet, Ta’anit Esther, and 17th of Tamuz. [24] He adds this was the practice in Baghdad.[25] (The exemption from fasting on Ta’anit Esther is mentioned by many others.[26])
R. Ovadiah Yosef is more stringent in this matter. He states that only if the 17th of Tamuz is pushed off to Sunday (and this would apply to the other fasts as well), then the bride and groom do not need to fast.[27]
R. Elijah Mani, another Baghdadi, records an additional liberal opinion (which he himself does not accept) in line with what the Ben Ish Hai wrote.[28]
נשאלתי אם החתן חייב להתענות [בעשרה בטבת]. ואני שמעתי ממורי הי”ו [הרב עבדאללה סומך] ששמע מהרב הגדול משה חיים זלה”ה, שאומר לחתן כרצונו אם תרצה להתענות ואם תרצה שלא להתענות.
14. R. Shmuel Wosner, Shevet ha-Levi, vol. 8, no. 261, states that someone who flies from Israel to the United States on a fast day such as the 17th of Tamuz does not need to wait until it is dark in the United States in order to break his fast. Rather, he can break the fast at the time that it is over in Israel. Since R. Wosner writes ביום תענית וכמו בי”ז בתמוז  I assume that he excludes Tisha be-Av from this lenient ruling.[29]
15. In my post here I discussed the original halakhic approach of R. Yitzhak Barda. When it comes to the fast days he also has an original perspective in that he holds that on Tzom Gedaliah, 10th of Tevet, Ta’anit Esther, and 17th of Tamuz, one can break the fast at sunset rather than waiting until darkness, which is the standard practice. See here. This is a more lenient position than his earlier approach found in his Yitzhak Yeranen, vol. 3, no. 20 and vol. 5, no. 41, where he only permits one to break the fast of the 10th of Tevet at sunset when the fast is on Friday.
16. In Teshuvot ha-Geonim: Shaarei Teshuvah, no. 325, the following appears:
זקן חלש שהיה מתענה ובתוך התענית שעבר עליו רובו של יום בתענית וכבר בא לידי חלישות בענין שחושש לסכנה מאכילין אותו אפילו ביום כיפור ולא שבקי ליה דימות וגמרינן מההיא עוברה דהריחה כו’ כ”ש אם הוא זה זקן נכבד שאם ימות ויסתכן על תענית זה יהיה הפסד לרבים.
This geonic responsum has been cited numerous times and no one saw anything problematic with it. However, in 1995 R. Yehiel Avraham Silber published his Birur Halakhah: Telita’ah, and he has a different perspective.[30] He states that “there is no doubt” that this responsum is a forgery. His reason is that nowhere in halakhic discussions of pikuah nefesh is consideration ever given to whether a person is “honorable”. Yet in the geonic responsum it speaks of a זקן נכבד as a factor to be considered in permitting someone to break his Yom Kippur fast, as his life is not just an individual matter but is of importance to the community as a whole.
R. Silber writes:
תשובות הגאונים שערי תשובה נדפס לראשונה בשאלוניקי בשנת תקס”ב – תקופת הנסיון של עקירת התורה על ידי זיופים; סמוך לזה בשנת תקנ”ג יצא לאור לראשונה הספר שכולו זיוף בשמים ראש.
I think all readers can see that his argument has no basis whatsoever. Furthermore, the appearance of Besamim Rosh, a rabbinic forgery published by a maskil in Berlin in 1793, has absolutely nothing to do with a volume of responsa published in 1802 Salonika, a place far removed from any Haskalah influence. R. Silber’s claim is so unreasonable that I would never even refer to it in an academic article, and only mention it here as another curiosity from the world of seforim.
17. Here is a fascinating text that was called to my attention by R. Chaim Rapoport. It appears in R. Samuel Elijah Taub’s Imrei Esh (Jerusalem, 1996), p. 186, and has been subsequently included in other works.
 
R. Taub, the Modzitzer Rebbe (1905-1984), states that his forefather, R. Ezekiel of Kozmir (1772-1856), was lenient with all the fast days other than Yom Kippur and Tisha be-Av.[31] He then says that R. Ezekiel was very opposed to Tzom Gedaliah, and used to say that in Heaven Gedaliah is embarrassed that they established a fast day in his memory. Earlier in this post I cited a passage from R. Abraham Yelin that mentions how R. Ezekiel said that Anshei Keneset ha-Gedolah are now embarrassed for having instituted the fast days (see the source in n. 8). R. Yelin also writes that “it is difficult for him to record” some of R. Ezekiel’s leniencies regarding the fast days.[32]
R. Ezekiel’s opposition to Tzom Gedaliah was such that in his beit midrash it was declared that whoever wishes to fast on this day should leave Kozmir. We can thus assume that none of R. Ezekiel’s followers fasted on Tzom Gedaliah. Does anyone know if this antinomian view about Tzom Gedaliah continued among his descendants, which include the rebbes of Modzitz?
18. There is a joke in the “frum” world which goes as follows: There are three reasons not to fast on Tzom Gedaliah.
            1. It is a nidcheh (as he was killed on Rosh ha-Shanah).[33]
            2. Even if he was not killed he would not have been alive today.
            3. He would not have fasted for me if I was killed.
While this is only a joke, R. Ephraim Bilitzer records that it was widely reported that certain hasidic rebbes said that Gedaliah was troubled in heaven by the fact that thousands of Jews fasted on his account.[34] Therefore, followers of these hasidic rebbes did not fast on Tzom Gedaliah. R. Bilitzer finds it hard to believe such stories, but after what we have seen with R. Ezekiel of Kozmir, it is obvious that, at least with regard to R. Ezekiel, this was indeed the case.
Would R. Ezekiel, or any other hasidic rebbe who told his followers not to fast on Tzom Gedaliah, be impressed by R. Bilitzer’s very non-hasidic objection?
הלא דין הוא בש”ע להתענות ומה זה שנהגו שלא להתענות נגד הש”ע
After all, the Shulhan Arukh also gives the times for prayer, and a number of hasidic rebbes ignored these as well.[35]
In general, it should not surprise us to find hasidic rebbes with lenient approaches to fast days. R. Bilitzer himself informs us that R. Yissachar Dov Rokeah, the Belzer Rebbe, told his followers who were with him for the High Holy Days that anyone who felt the least bit weak on Tzom Gedaliah should immediately eat. This is a very lenient approach, and if followed by the Jewish world at large it would mean, I think, that not many teenagers would fast on this day. While fasting gets easier as one gets older, my experience has been that most teenagers find it at least a little bit difficult to fast.
The following story, about R. Solomon of Radomsk, even shows great leniency with regard to Tisha be-Av. I am sure readers will wonder why R. Solomon thought it was necessary for people to drink when the fast was just about over. If he wanted people to break the fast, why not have them drink earlier in the day?[36]
היה נוהג להקל בתעניות. פעם אחת, בערב תשעה באב ארעה שרפה בבית בנו, והיו הכל טרודים בכבוי השרפה. לפני גמר התענית, בשעת בין השמשות, הלך אל הבאר, הסמוכה לבית המדרש, וצוה לכל אחד לשתות מים.

Here is another interesting passage, from R. Abraham Yelin, Derekh Tzadikim, p. 13b, no. 44:

It states that R. Mordechai of Nes’chiz used to pray minhah when it was already dark. However, on the 17th of Tamuz he finished maariv when it was still light. It is true that this text does not mention actually eating when it was still light, but isn’t that the implication of the passage? What else could it be coming to tell us, without having to be too explicit? I can’t imagine that it means that they finished maariv early so that people could go home and be ready to eat as soon as the fast was over.
It was not only hasidic rabbis who had such a liberal perspective (and I have already referred to R. Chaim Soloveitchik). Here is a story that was told by a hasidic rabbi to the grandson of R. Baruch Bendit Gliksman.[37] (R. Baruch Bendit was a misnaged.[38]):
פעם ישבתי ביום תענית בליטומירסק ולמדתי יחד עם בן גיסי, האדמו”ר רבי חנוך העניך מאלקסנדר וחתן גיסי, רבה של לודז הג”ר יחזקאל נומברג. נכנס אלינו זקנך הג”ר בנדיט מלאסק ומיני מזונות בידו, דורש מאתנו כי נטעום מעט ונפסיק את התענית, אמר: “מובטחני כי תהיו פעם מורי הלכה בישראל, לכן עז רצוני כי תלמדו להקל בתעניתים”.
Returning to Tzom Gedaliah, I found an interesting passage in R. Yitzhak Meir Morgenstern’s She’erit Yaakov on Tractate Megillah.[39] He writes:
וראיתי דיש אנשים שנהגו להקל בצום גדליה כשנוסעים בדרך, ותמהתי עליהם איה מקורם.
R. Morgenstern is not referring to Modern Orthodox people. He is referring to those in his own hasidic circle, and he tells us that among them there are some who do not fast on Tzom Gedaliah when they are traveling. He wonders what the source for this practice is and is not able to find a good justification. For the purposes of this post, however, the very fact that he acknowledges the existence of a laxity when it comes to Tzom Gedaliah is significant.
R. Raphael Aaron Ben Shimon (1848-1928), the chief rabbi of Cairo, also speak of laxity regarding the fast days other than Tisha be-Av and Yom Kippur.[40] However, unlike R. Morgenstern, he was referring to a traditional Sephardic community rather than a haredi population.
בעון פשתה המספחת להקל בתעניות הצבור חוץ מט’ באב ויוה”כ
I think R. Ben Shimon’s description is also applicable to many in the Modern Orthodox world, at least in the United States. That is, while they are careful to fast on Yom Kippur and Tisha be-Av, this is not the case regarding the other fast days. But unlike what we have seen with R. Morgenstern, no one would think to ask if there is any halakhic support for this. Even those who eat on the fast days know that their behavior is not in line with halakhah.[41]

 

 

[1] I mention the source since I was surprised that the OU would post an article written in “yeshivish” rather than converting it to standard English.
[2] Otzar ha-Berit (Jerusalem, 2002), vol. 1, 5:2.
[3] She’elot u-Teshuvot Rabbi Akiva Yosef, vol. 1, no. 174.
[4] See Minhagei Rabotenu ve-Halikhoteihem (Jerusalem, 2009), p. 317, citing the book Elef Ketav, no. 671:
החת”ס זלה”ה אמר, אם היה בכוחו היה מבטל כל התעניתים זולת ת”ב ויוה”כ.
Megillah 5b states that R. Judah ha-Nasi wished to abolish the fast of Tisha be-Av but the Sages disagreed. Another version recorded ibid., is that he only wanted to abolish Tisha be-Av if it was postponed to Sunday, but the Sages disagreed.
[5] Yalkut Ohev Yisrael (Jerusalem, 1998), p. 124.
[6] R. Israel of Ruzhin, Irin Kadishin, parashat Va-Yikra (p. 19a). When the text mentions abolishing “the fasts”, I don’t think it is merely referring to individual fasts that pious people undertake, as the term “abolish” would not seem to fit in that context.
[7] Hayyei ha-Levi, vol. 6, Orah Hayyim no. 95. It is interesting that some treat unmarried women with more leniency than men, because when it comes to the fast of the 20th of Sivan, commemorating the Chmielnicki massacres, Shaarei Teshuvah, Orah Hayyim 580:1, writes:
שמעתי בימי חרפי שנכתב בפנקס הארצות שהגזרה היא לבן י”ח בזכר ולבת ט”ו בנקבה.
For some reason, when it came to the fast of the 20th of Sivan the rabbis wanted 15-year-old girls to fast, but boys were only supposed to do so from the age of 18.
[8] R. Abraham Yelin, Derekh Tzadikim (Petrokov, 1912), pp. 13b-14b.
[9] R. Abraham Pitrokovski, Piskei Teshuvah (Jerusalem, 2001), no. 88 (Hilkhot Ta’aniyot, p. 88).
[10] See R. Hussein, Tzedakah u-Mishpat (Jerusalem, 1978), p. 10.
[11] Gershom Scholem ve-Yosef Weiss: Halifat Mikhtavim 1948-1964 (Jerusalem, 2012), p. 102.
[12] Rabbi and Mrs. Samuel Sperber, mentioned in the letter, are the parents of Professor Daniel Sperber.
[13] Ha-Hasidut, trans. M. Shenfeld (Tel Aviv, 1954), p. 223. See also R. Yissachar Tamar, Alei Tamar, Yoma, p. 396, who records in the name of the Rebbe of Husiatyn a different version of what R. Israel did with the water placed before him.
לרה”ק מריזין היתה לו דלקת גדולה בפיו וביחוד על השפתיים מתוך הצימאון הגדול, והעמידו לפניו קערה עם מים קרים כדי ששפתיו יתקררו מעט ע”י האדים היוצאים ממים קרים.
[14] Sipurei Hasidim (Tel Aviv, 1957), vol. 2, p. 85.
[15] Irin Kadishin, parashat Va-Yikra (pp. 19a-b).
[16] This time for alot ha-shahar is accompanied by the following note: “On this date at this location the sun does not set far enough below the horizon to use the standard calculation. The Chabad custom is to use Chatzot for this time.”
[17] These times were given to me by R. Melchior. Chabad’s site has the fast in Oslo ending at 12:18am (one minute earlier than R. Melchior) and beginning at 1:20am (the same time as R. Melchior). There are significant differences between these times and the times that appear on the popular myzmanim.com. On the latter site it says that this year in Oslo the fast begins at 2:48 am, which is significantly later than the official community practice and the Chabad practice. Myzmanim.com states that the fast ends according to R. Tukatzinsky at 12:34am, which, we are told, is the emergence of ג’ כוכבים בינונים. This is a later time than that of R. Melchior and Chabad. For Oslo, myzmanim.com does not give a time for the end of the fast according to R. Moshe Feinstein.
There are also divergences when it comes to Stockholm. As noted, the Chabad site has the fast of the 17th of Tamuz this year beginning at 12:51am and ending at 11:38pm. Myzmanim.com has the fast beginning at 2:25am and ending at 11:45pm according to R. Tukatzinsky and at 12:09am according to R. Moshe Feinstein.
Readers can correct me if I am wrong, but I do not think that people who will be in Oslo or Stockholm on the 17th of Tamuz (or any other day for that matter) are halakhically permitted to rely on what appears on myzmanim.com in opposition to the local community’s practice.
[18] Among other passages that readers will find interesting is p. 160:
I have already gedavent [prayed] and listened to the weekly Inyan of Reb Chatzkel – Yechezkel [Levenstein]. He has already spoken very often against the datsche = vacations, wanting only the weak or sick bachurim really to go rest, but I observe he has not had much success in this respect and that there will be exactly the same number leaving. On the other hand, the yeshiva had gotten into the habit of rowing on the lake – but a single Inyan sufficed to bring an end to this custom from one day to the next – which constituted in a way a chillul Hashem, because in doing it the bachurim put themselves in the same category as the town people. Yet, is it not correct that, since the Torah is different from everything that exists, a ben Torah is distinguished by his behavior from his entire entourage? In Yiddish, it’s much better. I am sure that on my arrival in Mir, I would not have been able to understand that it was base to ride a bicycle or to go rowing. It is obvious that these restrictions are only valid here in this place, but you can also see how much the städtische [city dwellers] feel respect or anger to the yeshiva-leit.
On p. 96 he writes: “Our milk is purely Jewish milk, but the butter comes from goyim and is subject to no shemira of any sort.”
[19] R. Moshe Harari, Mikraei Kodesh: Hilkhot Ta’aniyot, p. 220 n. 6.
[20] R. Harari, Mikraei Kodesh: Hilkhot Ta’aniyot, p. 221 n. 7.
[21] Aderet Shmuel (Jerusalem, 2014), p. 145.
[22] Ibid., p. 146.
[23] R. Natan Lubert, She’erit Natan (Ashdod, 2013), p. 147.
[24] R. Solomon Laniado of Baghdad found the Ben Ish Hai’s position so astounding that he claimed that there is a printing error, and the text should be corrected to say that the groom needs to fast on all days except for Ta’anit Esther. See his letter in R. Yitzhak Nissim, Yein ha-Tov, vol. 2, Even ha-Ezer no. 2. (The title of R. Nissim’s book is often pronounced Yayin ha-Tov, but that is incorrect. See Song of Songs 7:10.)
[25] The Ben Ish Hai’s testimony about the practice in Baghdad is problematic, as his contemporary, R. Elisha Dangor, writes that the practice in Baghdad is that the groom does fast in the week of his wedding, with the exception of Ta’anit Esther. See Gedulot Elisha (Jerusalem, 1976), Orah Hayyim 549:5. R. Ovadiah Yosef, Halikhot Olam, vol. 2, p. 211, cites the Ben Ish Hai’s student, R. Joshua Sharbani, who says that the because the Ben Ish Hai was so busy and involved in Torah study, he is not such a reliable source for the practices of Baghdad.
שהרב בן איש חי לא היה בקי כל כך במנהגי בגדאד לרוב טרדתו ושקידתו בתורה
This is quite a surprising this to say, as the Ben Ish Hai lived in Baghdad so how could he not be aware of things? Yet R. Ovadiah Yosef finds support for R. Sharbani’s comment in a responsum of R. Hayyim Joseph David Azulai, Hayim Sha’al, vol. 2, no. 35:2. R. Azulai cites a few examples where R. Joseph Karo testifies as to what the accepted practice was, and yet we have evidence that contradicts what R. Karo states. R. Azulai explains the reason for R. Karo’s mistake:
ויתכן שלרוב קדושתו וטרדת לימודו לא דקדק וסבר שהמנהג כך ואינו כן
[26] See R. Ovadiah Yosef, Yehaveh Da’at, vol.2, no. 78.
[27] Yehaveh Da’at, vol. 3, no. 37. In Yalkut Yosef: Kitzur Shulhan Arukh 265:13 (מילה במועדי השנה), it states that a groom can only eat on the pushed-off fast day after hatzot.
[28] Ma’aseh Eliyahu (Jerusalem, 2017), no. 119.
[29] In an earlier responsum, Shevet ha-Levi, vol. 7, no. 76, he does not say to break the fast when it is over in Israel. Rather, he says that one can break the fast when one feels weak.
[30] See Birur Halakhah: Telita’ahOrah Hayyim 618.
[31] It is interesting that he quotes R. Ezekiel as saying something very similar to what I cited earlier in this post from R. Abraham Joshua Heschel of Apta:
בשחור מי יכול לאכול – והכוונה היתה לתשעה באב שהוא יום חורבן ואבילות, ומי יכול אז לאכול. ובלבן מי צריך לאכול – היינו ביוהכ”פ ומי צריך לאכול, הרי בני אדם כמלאכים.
[32] Yelin, Derekh ha-Tzadikim, pp. 13b-14a.
[33] This is how the joke was told to me. While many indeed assume that Gedaliah was killed on Rosh ha-Shanah, Maimonides believes that he was killed on the third of Tishrei. See Mishneh Torah, Hilkhot Ta’aniyot 5:2.
On the assumption that he was killed on Rosh ha-Shanah (which is the dominant opinion), and the fast day was pushed off from its actual date, does this mean that every year Tzom Gedaliah has the status of a pushed-off fast day, with the various leniencies that go with it? Most say no, but there are some who say yes. R. Yair Rosenfeld has recently discussed the matter in Ha-Ma’yan 56 (Tishrei 5777), and he concludes (p. 18):
לאור זאת, יולדת במקום שמנהג הנשים לצום בד’ צומות יכולה להמנע מהצום, וכן אבי הבן, ובצורך גדול אף הסנדק והמוהל, מתענים ולא משלימים. כן יש להוסיף שאף חתתן בשבעת ימי המשתה יכול להקל בצום זה כדינו בצום נדחה.
[34] Yad Efraim (Tel Aviv, 1970), no. 29 (p. 206, third numbering). This book is found on Otzar ha-Hokhmah together with many other books from R. Bilitzer. It is worth noting that most of his books on Otzar ha-Hokhmah, including six volumes of responsa, are still in manuscript. It appears that there is no money to prepare these works for publication, and they were therefore put on Otzar ha-Hokhmah in manuscript form. Fortunately, his handwriting is easy to read.
[35] The other objection of R. Bilitzer is that Tzom Gedaliah is not on account of the death of Gedaliah per se, but due to what befell the Jewish people in the Land of Israel as a consequence of his death. Even if this is correct, R. Bilitzer’s anger with the reported hasidic flaunting of Tzom Gedaliah apparently caused him to exaggerate somewhat. In his defense of fasting on Tzom Gedaliah, R. Bilitzer states that what happened to the Jews after Gedaliah’s death “was like the destruction of the Temple.”
Furthermore, it seems that the fast has more to do with Gedaliah the individual than R. Bilitzer is willing to acknowledge. I say this because some authorities have pointed to leniencies with regard to Tzom Gedaliah precisely because it is a pushed-off fast (i.e., it does not take place on the day of the event it commemorates). This shows the centrality of Gedaliah the individual and the importance of the day of his assassination to the fast. If the entire focus was on what befell the Jewish people after his death, the actual date of his death, and the resulting issue of a pushed-off fast, would not have any real significance.
I cannot locate the source at present, but Gerson Cohen, chancellor of the Jewish Theological Seminary, had no liking for Tzom Gedaliah. He wondered why a fast was declared in memory of a man he called “a Quisling.” Yet if Gedaliah is to be regarded as a Quisling, does that make Jeremiah, who told the Jewish people to accept Babylonian rule, a “Tokyo Rose”?
[36] Moshe Tzvi, “Ha-Tiferet Shlomo” me-Radomsk (Bnei Brak, 1989), p. 182.
[37] Yehuda Leib Levin, Beit Kotzk (Jerusalem, 1959), vol. 2, p. 159.
[38] See Pinhas Gliksman, Ir Lask ve-Hakhameha (Lodz, 1926), p. 43.
[39] There are actually two such volumes. I am referring to the first one that appeared (it has no date), p. 32.
[40] Nehar Mitzrayim (Jerusalem, 2007), Hilkhot Tefillin, no. 4 (p. 14).
[41] The one exception to this generalization would be the congregants and followers of R. Haim Ovadia. As we have seen in this post, R. Ovadia claims that the fast days other than Yom Kippur and Tisha be-Av are not obligatory. Thus, his congregants and followers would not regard eating on these fast days as deviant. As far as I can tell, no other liberal Orthodox rabbis have adopted R. Ovadia’s position.



Ancient Jewish Poetry & the Amazing World of Piyut: Interview with Professor Shulamit Elizur

ANCIENT JEWISH POETRY & THE AMAZING WORLD OF PIYUT: Professor Shulamit Elizur explores the Cairo Genizah and other obscure places for hidden gems


BY BATSHEVA SASSOON


Just as the mountains surround Jerusalem, so G-d surrounds his people, from now to all eternity —Tehillim 125:2

This piece originally appeared in14 TISHREI 5778 // OCTOBER 4, 2017 // AMI MAGAZINE #337
Thanks to Ami for permission to publish this here.This version is updated with a few corrections and additions


Inside the Old City of Jerusalem one cannot see the mountains that surround it, only its many confining walls. Yet even for someone who has a phobia of confined places, as I do, this part of the Holy City is liberating. Many years ago, the great Jewish poet Rabbi Yehudah Halevi wrote longingly about Jerusalem, “I wish I could fly to you on the wings of an eagle, and mingle my tears with your dust.” Today, one can readily fly to Jerusalem, but to have a chance to explore its poetic and emotional underpinnings is a rare treat.


Professor Shulamit Elizur, whom I am visiting this morning in her book lined apartment, is not only one of the foremost experts in the world on piyut but she is also a talmidah chachamah and scholar, whose fear of sin precedes her wisdom.


“I was around 16 years old when I realized that if you want to learn something, it isn’t wise to try to absorb too much at one time,” she shares with me without a hint of pretension. “I decided to study the Mishneh Torah of the Rambam, so I learned one perek a day until I got to the end. I did the same thing with Nach, learning two perakim a day, and I’ve gone through the entire Shishah Sidrei Mishnah numerous times. The same applies to piyutim: If you divide them up and study them over time, you will eventually succeed in understanding all of them.”


She then asks me not to mention some of her other scholarly undertakings so that she doesn’t come across as if she were bragging. And she’s not; she is simply a brilliant scholar who loves to learn every spare minute, and the world has been tremendously enriched by that. As the head of the Fleischer Institute for the Study of Hebrew Poetry, a member of the Academy of the Hebrew Language and a member of the editorial board of the Mekitze Nirdamim publishing house, she has her hands full. But she still finds time to write books and study, as well as to talk to me this morning about her ongoing research. Indeed, her energy is laudable as she keeps on getting up to fetch one book after the other to prove a point.


GENIZAH


Anyone who is familiar with contemporary Israeli culture knows that there has been a revival of the singing of piyut. Jewish liturgical poems that were composed to be recited during tefillah are now being performed by Israel’s top singers in clubs and at concerts. But Shulamit Elizur insists that what she does has nothing to do with this trend.


“The modern performers are mainly interested in the piyutim that have tunes, and those that are printed in our siddurim. But I’m involved in doing research into the piyutim that were lost and haven’t been said in many years. My field is kitvei yad, primarily those that were found in the Cairo Genizah.”


I ask her if after all these years it’s still possible to find new things.


“We have an organization that takes all the fragments and deciphers them. For example, I found a fragment of a page and then much later I found another piece of the same page. It turns out that the page is part of a sefer written by Rabbeinu Saadyah Gaon against the Kara’im. We don’t have the entire book, but the two pieces I was able to put together are from a previously unknown part of that sefer, which was very exciting for me.”


“So it’s all about putting pieces together,” I state.


“Yes, although we do sometimes find complete pages as well. For example, I discovered a piyut for Tefillat Geshem on Shemini Atzeret that isn’t found in our siddurim and predates the great paytan Rabbi Elazar Hakalir, who lived in Eretz Yisrael close to the Muslim conquest. It is very unique and I published it in one of my articles.


“When we go through the Genizah, we examine each piece individually to try to understand what it is. We have a catalogue with over 160,000 entries. That doesn’t mean that there are that many piyutim, because if we find the same piyut five times it gets five separate entries. But there are tens of thousands of them, most of which are unknown, and we are constantly finding more. The next step is to upload them onto a website to make them accessible to the public, but right now we don’t have the funds to complete the project.


“We still have a few years of research left, because even though we’ve gone through every fragment found in the Genizah that was known to be a piyut, there are still many more that weren’t known to be parts of piyutim. In Cambridge, the Genizah was organized according to category: There are contracts, letters, parts of Tanach, Talmud and piyutim. My teacher, Ezra Fleischer, began the work of examining all the other categories for fragments that were previously unrecognized as piyutim, and the work is not yet finished. For example, when a contract was no longer needed, the other side of it could then be used to write piyutim, but it was still categorized as a contract. So we still need to find all of those fragments of lost piyutim and piece them together.”


“How many fragments are in the Genizah?”


“Tens of thousands, and sometimes there can be as many as 50 piyutim on a single one. This is a very large undertaking. Ezra Fleischer worked on it for 40 years, and before he passed away he asked me to continue his work.”


“So you’re his successor.”


“For this project, but I don’t claim to come close to his stature. He was unbelievably knowledgeable in piyut, nusach hatefillah, secular poetry and languages; he spoke more than ten.”


“Was he born in Eretz Yisrael?”


“No. That’s another story, which is really deserving of its own article. He was born and raised in Romania. His father was Yehuda Leib Fleischer, who did research on Rav Avraham ibn Ezra, which is why he named his son Avraham Ezra.


“As a bachur, Ezra was an activist for immigration to Eretz Yisrael, so he was arrested and put in jail under extremely dangerous conditions. He was kept in solitary confinement for a number of years, so during that time he composed a number of Hebrew songs and poems in his head. When he was finally freed, he wrote three books of songs and poems from memory.


“He also wrote a book against the Communists, which he was able to put into the hands of the Israeli ambassador, who sent it to Israel and had it printed under a pen name. It received such wide acclaim that he received the Israel Prize for it anonymously while he was still in Romania. But he couldn’t reveal to anyone that he was the author, because he knew that the Romanians would kill him if word got out.


“A year later he was allowed to go to Israel, where he became friends with my parents. I was five years old when I first met him. He told me that he had studied law in Romania because that was the only exam that wasn’t held on Shabbat. He actually hated law, but he had to study something in university so he chose that. Still, even after he graduated he couldn’t get a job in a prestigious law office, which would have necessitated working on Saturdays, so he became the official secretary of the kehillah under Rav Rosen. He really had unbelievable mesirat nefesh to keep Shabbat.”
ACADEMIA


“How did you become interested in the study of piyut?”


“When I went to university I wanted to study the Hebrew language. But because I was required to add another subject I decided to add Hebrew literature, which my mother taught. Then Professor Fleischer invited me to join his project and I loved it. I took several courses with him and became more and more interested. I finished my bachelor’s degree after only two years and had to decide what to do next.


“In the meantime I had gotten married, and I wanted to make sure that whichever professor I learned under would help me advance in my studies. I also had a choice between studying for a master’s and a more difficult program that would allow you to start working towards your doctorate after a year of study. By then I was expecting, and I realized that the harder program would actually be easier for me because it allowed for much more study to be done at home. The problem was that the language department didn’t want to work with me within the parameters of this program. Since I loved the piyutim, I decided to try to do my doctorate with Ezra Fleischer and he agreed. After the initial year of post-graduate study it took me another three and a half years to receive my doctorate. So the whole thing from undergraduate to PhD took six and a half years, which was also when I gave birth to my third child.”


“Did you find that you had a harder time as a woman in a man’s field?”


“There were never any problems because of that.”


“Are you the highest-ranking professor of piyut in Hebrew University?”


“Yes. There are professors emeritus, but I’m the only one left who is still teaching. Aaron Mirsky, who was related to me, and Ezra Fleischer have both passed away. Then there’s Yosef Yahalom, but he is now retired.”


“Aaron Mirsky internalized the language of the paytanim, but people don’t write like that anymore.”


“That’s true, and sometimes it wasn’t easy to understand him. I remember that my mother once won a prize and Aaron Mirsky was one of the judges who gave a speech. He used the word ‘shigush,’ and throughout the entire evening my aunt kept asking what it meant. I told her that it was an Aramaic word from the piyutim. Incidentally, having a knowledge of targum is also very helpful when trying to understand the piyutim. I make sure to learn shnayim mikra v’echad targum every week. My father taught me Targum Onkelos when I was a young girl, and I taught it to my children as well.”


“Are most of your doctoral students at the university secular?”


“No. Most of them are religious.”


“Do your secular students look at all of this as simply another subject, or does it bring them closer to Yiddishkeit?”


“I really don’t know. Sometimes it does bring them closer. I’ve had students who told me that they weren’t familiar with any Tanach, so I told them to study two perakim a day to catch up. But only one person actually took my advice. I remember that it really bothered me at the time that she was the only one, because she wasn’t Jewish, but in the end she became a giyoret kahalachah and is a shomeret mitzvot.”


“Do you face any difficulties as a woman in this field in the world at large?”


“It’s a bit more complicated. I never go anywhere I’m not wanted.


TORAH KNOWLEDGE


“You must really have a lot of Torah knowledge for all of this,” I tell her.


“I need to learn all the time, so I do.”


“There certainly aren’t many women in the world who know as much Torah as you do,” I insist.


“Baruch Hashem, there are many women who are very knowledgeable today, although they might not be familiar with piyutim. At the last Siyum HaShas, the organizers realized that a lot of people were bringing their wives along, so they decided to have a separate women’s program and asked me to speak. I talked about a mesorah that emerges from the piyutim that Hillel and Shammai were actually brothers, and I explained what it really means. The paytan says that just as the Torah was originally given to two brothers, Moshe and Aharon, so too was it later given to Hillel and Shammai, who were also brothers. Then I showed them how Hillel is a continuation of Aharon and Shammai is a continuation of Moshe, and I brought many mekorot showing how each one had his own direction and how the two of them coming together b’achvah is the epitome of the entire Torah.”


“Where did you find all of those sources? In midrashim?”


“Some of them are from the Midrash, but there are a lot in chasidut as well.”


“In order to understand piyutim a person would have to study them for many hours, but we usually say them too quickly to really understand them.”


“That’s true. That’s why they should be learned properly before Yom Tov. But you don’t have to learn everything in a single year. You can do it gradually. I apply the same principle to the kinot of Tishah B’Av; each year, two should be studied properly. While we’re on the subject, I’d like to share something very interesting. The first kinah we say in the morning is alphabetical in order, but it only starts from the letter samech. What happened to the previous letters? Well, if you look in the machzorim of Nusach Italia you’ll find that they recite a krovetz for each brachah of Shmoneh Esrei. The paragraphs are arranged alphabetically from alef through nun, but they end at Bonei Yerushalayim. That’s because the original place to say kinot was in the middle of the brachah of Bonei Yerushalayim during Shmoneh Esrei! They didn’t say as many kinot as we do, though; they’d recite a few piyutim of kinot and then a few piyutim of nechamot. Similarly, the original minhag in Ashkenaz for Selichot on a taanit was to say it during the brachah of Slach Lanu.


“Studying piyutim reveals minhagim that have been forgotten. For example, on Rosh Hashanah they would blow the shofar in the Beit HaVaad (where the Sanhedrin of Eretz Yisrael sat) even when it occurred on Shabbat. But how was it actually done? There’s a piyut, published by Ezra Fleischer in Tarbiz 54 (reprinted in a volume of his collected writings, Statutory Jewish Prayers) that describes how they would bring the shofar before Shabbat and tie it securely to an amud so that it couldn’t move at all. When it came time to blow the shofar, the baal tekiah would blow the shofar with his mouth without touching it so there would be no issue of carrying.”


“There are many other minhagim as well. In the foreword to every sefer I write, after I describe the literary points, I go into the tochen and the many lost midrashim and so on. I also write about lost minhagim, but what minhagim could I write about for Rosh Hashanah? However, as everyone knows, the way we often find things we’re looking for is through hesech hadaat. You just have to be aware that there’s a problem, because otherwise you might see it without understanding what you’re seeing.


“There’s a question that has bothered researchers for many years. In Masechet Megillah (30b) there is a machloket as to whether to read the parshat hashavua on the arba parshiyot and take out two sifrei Torah—as we do—or to take out only one sefer Torah and read just the special kriah for that week. The question is, according to the second opinion, how could they call up seven people to the Torah on Parshat Shekalim, for example? This question has been examined and much has been written about it.


“The researchers found kitvei yad that say that they simply read longer parshiyot for the arba parshiyot. For example, it says that according to that opinion they would read from Zachor until ba’eir heiteiv in the next parshah [Devarim 27:8]. It says that for Hachodesh they would also read more and Parah is long enough. However, it doesn’t say what they would do for Shekalim.


“A couple of years ago I found a piyut for Parshat Shekalim that I wanted to work on for something else. As I was working on the peirush, I began to wonder why it talks so much about the ketoret if it’s supposed to be about shekalim. Then I realized that it goes from the kiyor to the shemen hamishchah and the ketoret and concludes with ‘V’shamru Bnei Yisrael et haShabbat.’ So I suddenly realized that it must have been the kriah for Parshat Shekalim according to the second opinion—until V’shamru. This piyut was able to help me find a minhag without even searching for it.


“Similarly, the piyutim can give us a picture of what the nusach hatefillah was like. I wrote a paper saying that the nusach of Shmoneh Esrei used to have pesukim before the end of every brachah, just as there are pesukim before the end of birchot kriyat Shema. I proved this from the piyutim, although I was strongly criticized. Then I showed it to one of my former students who told me he’d heard something similar from a researcher who had found a Christian prayer in Greek from the fourth century that was based entirely on Shmoneh Esrei and also had pesukim at the end of each brachah. Another researcher subsequently found a papyrus from that era that also showed one of the brachot with pesukim. There are researchers who still disagree, but I feel that there are now three proofs for this idea.


“I also wrote a sefer called Piyutei Pinchas Hakohen. Pinchas Hakohen was a rosh yeshivah and paytan in Eretz Yisrael during the eighth century. There are many minhagim that can be found in his piyutim as well. He has many beautiful piyutim for Rosh Chodesh, one nicer than the next. However, he also has piyutei kiddush yerachim that are very difficult. In that group, there is a kiddush for each month. But when would kiddush be said on Rosh Chodesh?


“In Masechet Sofrim [19:7] it says that the zekeinim and the talmidim would make a seudah on the night of lamed and after Birkat Hamazon they would pour a cup of wine, say the brachah of Hagafen, and then they would say a brachah that concluded with Baruch atah Hashem, mekadeish Yisrael v’roshei chodashim. So he composed a special nusach of kiddush to be said each month with that brachah. In Masechet Sofrim it says that this wasn’t a regular kiddush but a special praise of Hashem, which had to include something about the tuvei ha’ir, the shevatim, the months of the year and the mazalot.


“You can see in his piyutim that each month contained something about its mazal, the corresponding sheivet, its stone in the Choshen and so on. He goes through it in alphabetical order, and in each month when he reaches the letter tzaddik he discusses the tzom, the fast that occurred in that month. They had a list of fasts that were observed in commemoration of whatever took place in that month. I did some research and eventually found the list in a kinah for Tishah B’Av written by Rabbi Elazar Hakalir. Then I started looking through kitvei yad and found a lot of them describing these fasts. I ultimately wrote a whole book on these fasts, because there are a number of different versions, including one that’s quoted in Shulchan Aruch [Orach Chayim 580:2]. I even gave a full seminar on this topic. One of my students told me she expected it to be boring, but in the end it was the most interesting one she’d ever taken!


“Not everyone observed those fasts; only the talmidei chachamim fasted. Eventually it turned into a list of yahrtzeits of tzaddikim that grew longer and longer, because once they weren’t fasting anyway it didn’t really matter how long the list was. But the original list was quite short. This was something I only found out about thanks to the piyutim of Pinchas Hakohen. I’ve also learned a lot of other interesting things, including some gezeirot the Jews suffered from in those days. The first part of the sefer on the fasts is just texts with philological explanations. The second part is a discussion of all the fasts.


“Are they all yahrtzeits?”


“Most of them are, but some of them commemorate other events that took place. For example, the fast of 8 Teves is observed to commemorate the writing of the Torah in Greek, which is mentioned in Shulchan Aruch.


“Incidentally, I wrote a sefer for the bar mitzvah of each of my sons—although not for my grandsons, because that would be too much for me, ka”h! One son’s bar mitzvah was on Parshat Hachodesh so I wrote about the piyutim of the arba parshiyot. Another one was in Parshiyot Acharei Mot-Kedoshim, so I wrote about a paytan who wrote a lot for Acharei Mot and Yom Kippur.”


ANCIENT HISTORY


“How far do the piyutim go back?” I inquire.


“We have some that go back to the fifth century and maybe a bit earlier, but probably not much earlier than that. The sixth century has quite a lot of piyutim, and by the tenth century we find an explosion, to the extent that every small community had its own piyutim. They were very important to each kehillah. Think about what happens now during chazarat hashatz. People don’t listen with the proper kavanah, and it’s only natural because the chazan is simply repeating what everyone just finished saying. But if the tzibbur expected to hear a new piyut, it would cause everyone to concentrate much better. In those days they didn’t simply repeat the piyutim of the previous year; every year they came up with something new. Just for Shachris of Shavuot we have six piyutim that were written by Rabbi Elazar Hakalir to be said before Kedushah. One of those reached Ashkenaz, but the Genizah has more.”


“Many cultures have been built on the oral transmission of tradition through song. Is that something that existed in our history as well?”


“The paytanim originally knew their songs b’al peh, because as the Gemara says [Shabbos 115b], ‘Kotvei brachot k’sorfei Torah,’ those who write the brachot of Shmoneh Esrei are considered to have burned the Torah [because they are not allowed to be saved if there is a fire on Shabbos]. And the piyutim were actually said within chazarat hashatz instead of the nusach of the middle of the brachot and then they concluded with the matbei’a of the brachah.


“We know this because some piyutim are meshorsharim, linked together by beginning each one with the last word of the previous piyut, which means that nothing was said between the ending of the brachah and the beginning of the next piyut. Additionally, we see that the piyutim mentioned tal and geshem, depending on the time of the year, because that was the only way to mention them. They also said all of the piyutim by heart, which is why they are usually arranged alphabetically to make them easier to remember.


“As we know, it was forbidden to have written siddurim in those days. They only started writing them down much later. If they were written down, it was usually done in secret. But of course, if they hadn’t been written down at all we would never know about them, so they were at least sometimes written down, but the typical person didn’t have one. We have a letter from a chazan to a friend asking him to send him piyutim before the chagim, and to do so quickly, so he would have enough time to learn them by heart.”


“Why did they have to be recited from memory?”


“It’s a matter of kavod not to read words that are meant to be coming from the heart from a piece of a paper. To use a modern example, until the last 20 years or so it was accepted that the President of the United States doesn’t give a speech by reading from a paper. The same applies to a chazan.


“I have a student who is blind. He just sits and listens to my courses, and he’s one of my top students. He knows a lot of midrashim b’al peh. I’ll read a piyut, and he’ll interrupt every couple of words and point out which midrash it’s referring to. He’s used to knowing everything b’al peh, and the same was true for everyone when these piyutim were written. This only changed in the middle of the Geonic period.


“In those days everyone was trained to remember everything. Today, with computers, it’s only getting worse. Everyone relies on the computer and on Bar Ilan’s Responsa Project. The worst part is that without remembering, we don’t even know what to search for. That’s why it’s still so important to commit things to memory. Children used to know the entire Tanach b’al peh before they even began to learn mishnayos, and then they learned that by heart as well.”


CHAZANIM


“What do you think was the point of the piyutim?”


“To sing beautiful praises of Hashem, although they were also educational.”


“Did they have special melodies?”


“Not exactly songs with actual notes, but they had tunes in the same way that when we daven or learn Gemara there are certain tunes to the words; we don’t just say them. For example, my grandfather would work in the orchards all day long, come home, open a Gemara and chant the words in his special tune. He would also pay his workers to take a break to learn Torah, so anyone who loved to learn wanted to work for him! We don’t really know the melody to which piyutim were chanted, but there was definitely a tune.”


“Did any women write piyutim?”


“No, because the paytan had to be the shliach tzibbur, which obviously precludes women.”


“Rabbi Elazar Hakalir was a shliach tzibbur?”


“Yes, he and the great early paytan Yanai even sometimes signed their works with the word ‘chazan.’ They wrote their piyutim for themselves. When they stood at the amud, the tzibor had no idea what they would say before they heard it.”


“The piyutim of Rabbi Elazar Hakalir are very similar to those of the German Rishonim.”


“That’s because the Germans copied his style. A number of his piyutim made their way from Eretz Yisrael to Italy and from there to Germany, where they imitated him.”


“It takes a real talmid chacham to be able to understand the depth hinted at in his piyutim.”


“That’s true. I am working right now on his piyutim, so I can show you some. There’s a book I published together with Dr. Michael Rand. I wrote the peirush and he examined the kitvei yad. The book consists only of piyutim written by Rabbi Elazar Hakalir for Rosh Hashanah. It was very difficult, because it requires careful examination of all of the midrashim to be able to understand what he’s saying. Interestingly, there are very few piyutim said today that don’t have additional parts that are no longer recited.”


“In other words, they were abbreviated?”


“Yes, in later generations. For example, Ta’ir V’taria, which is said during Shachris of Rosh Hashanah, is just the refrain of a lengthy piyut that is no longer said. Another example is Melech zechor achuz keren. You can see what a great poet the author was, as in those four words he was able to mention malchiyut, zichronot and shofarot, as well as the remembrance of Akeidat Yitzchak. After that we say Melech Elyon, which we can see was censored because each line originally had a corresponding line about the melech evyon—the poor king of flesh and blood—of which we now only say two lines at the end. However, if we look at the kitvei yad we find that there was an additional piyut before Melech Elyon, which apparently was never brought to Germany and isn’t said by any community in the world to our knowledge.”


“I would imagine that if we were to say all of Rabbi Elazar Hakalir’s piyutim for Rosh Hashanah it would probably take us an entire week.”


“Or it could take us an entire year to choose which piyutim we wanted to say in a particular year! He didn’t say everything he’d ever written each year; he apparently alternated.”


LOST MIDRASHIM


“There’s another amazing thing I find when doing research. I am constantly coming across midrashim that were lost to the ages. Sometimes I’ll only find the source years later. For example, there’s a piyut that says that the moon disappears on Rosh Hashanah so that we should not be reproved in judgment. What does that mean? I looked and looked but could not find any such midrash. Eventually I found that Machzor Vitry and others write that Hashem established Rosh Hashanah on Rosh Chodesh so that when the Satan will try to prosecute the Jews by saying they sinned, Hashem will tell him to bring witnesses. The Satan then says, ‘Who should I bring? I can’t bring the sun and the moon, because the moon is in hiding and the sun can’t testify on its own.’ When the Satan comes back on Yom Kippur, Hashem tells him that it’s too late because Bnei Yisrael already did teshuvah. Here we see a source for it in 11th-century Germany, but Rabbi Elazar Hakalir lived in the seventh century. Another paytan, Yannai, who lived in the sixth century, also mentions this idea in a piyut. So without these piyutim we would have thought it was a chiddush of rabbanei Tzarfas, but now we know that it probably originated in a lost midrash.


“Another interesting example: Everyone knows that Haman was referred to as ‘the Agagi’ because Shaul allowed Agag to live one extra night, which allowed Haman’s ancestor to be born. However, the earliest makor we find in writing in the 16th century; this fact was discovered by Rav Shmuel Ashkenazi of Yerushalayim. But I found a ktav yad of a piyut about Purim that describes this very story and explains how Haman’s ancestor was born, which gives us a source from 1,000 years earlier! And there are many similar examples of lost midrashim being kept alive through unknown piyutim.”


“Is it possible that the later chachamim wrote things based on these lost piyutim?”


“That’s very unlikely, because these kitvei yad were never disseminated. But what these piyutim prove is that there was a mesorah that people knew about and may have even been set down in midrashim that were subsequently lost, and the later chachamim who did write about them were familiar with the original mesorah.”


“Do you give shiurim on the meanings of the piyutim?”


“Only in the university, although tonight there will be an event in preparation for Rosh Hashanah where I will be speaking about Unetaneh Tokef.”


“Let’s talk about Unetaneh Tokef for a moment.”


“Everyone knows the story of Rabbeinu Amnon and his mesirat nefesh that led to his writing this piyut. Everyone also knows that he lived in the city of Mainz, Germany, which means that he had to have lived towards the end of the tenth century, because we don’t find any piyutim from that region before that time.”


“He is also a personality about whom we know almost nothing.”


“Exactly. We don’t know anything about him except this story. However, we found Unetaneh Tokef in the Genizah near a collection of piyutim by Yannai. We even began to think that maybe Unetaneh Tokef was written by Yannai, which I still think is true, but at the very least it seems to have come from the era of Yannai. Other researchers argued and said that because of its length and the lack of rhymes and verses it was really from Ashkenaz. Then we found incontrovertible proof that it did not originate in Ashkenaz: a very long piyut from Rabbi Elazar Hakalir to be said right before Kedushah of Musaf that takes the words of Unetaneh Tokef and enlarges upon each line. This clearly shows that while he was not the composer of Unetaneh Tokef, he was familiar with it and it was significant enough in his lifetime that he felt it worthy of being adapted and enlarged upon.”


ELIZUR’S WRITINGS


“I see that you enjoy the piyutim of Rabbi Elazar Hakalir very much, but it would seem that most people appreciate Rabbi Yehudah Halevi more because his style is easier to understand.”


“We’ve found new things from Rabbi Yehudah Halevi as well. Incidentally, not everything he wrote is so easy to understand. Everyone knows Tziyon Halo Tishali, which is easy to understand, particularly in contrast with Rabbi Elazar Hakalir. But many of his piyutim also require study.


“I wrote an article a number of years ago about the piyutim that were written to be said before Kedushah. With all those references to hidden midrashim, they could not have been intended for just anyone sitting in a beit knesset. As I tell my students, ‘You’re all sitting in front of me right now, but when it comes to the test, some of you will get 100% while others might only get 70%.’ The paytanim understood this as well, so in the beginning of those piyutim you’ll find the references hinted at very obliquely. Then, as the piyut continues, those remazim will be fleshed out a bit more, and by the time you get to the end there are concepts that can be understood by anyone. In this way, more and more people can feel a connection.”


“Are all of your books on piyut?”


“Yes.”


“But your sefer on the parshah, Shirah Shel Parashah, is something that is accessible to everyone, not just scholars.”


“Absolutely. I wrote another book like that on secular poetry from Spain.”


“How long did it take you to write the sefer on the arba parshiyot for your son’s bar mitzvah?”


“A couple of months. I work very quickly.”


“Which sefer do you consider your biggest accomplishment— your magnum opus?”


“The one I’m in the middle of writing right now. It’s a sefer on the history of the kedushta, which are the piyutim composed to be recited right before Kedushah. There are many chiddushim in that sefer and also things about Rabbi Elazar Hakalir that I discovered.”


“From examining his kisvei yad?”


“We don’t have any kitvei yad from him personally. He passed away in the middle of the seventh century, and the earliest kitvei yad we have are from the ninth century. However, I was able to figure these things out from the style and verses of his piyutim. It’s very complicated; I’ve been working on this for decades.


“Which ones are nicer? The ones he wrote when he was younger, or the ones he wrote when he was older?”


“Although the two styles are very different, they are both very nice, and I wouldn’t say that one is nicer than the other. In between there was a time when his style was very complicated, and I don’t really appreciate it, but I like to say that he was engaged in developing his later style. His later style is much easier to understand and is very lyrical. He wrote piyutim for chatanim and for the seven weeks of nechamah after Tishah B’Av. I wrote a sefer on those. I’m currently working on Rabbi Elazar Hakalir’s piyutim for Yom Kippur, and I daven that Hashem should give me the koach to finish it.”


BACKGROUND


“Was your father a learned person?”


“Yes. He was a talmid chacham who had studied in Yeshivas Chevron as a bachur, but after that he learned entirely on his own.”


“What was his name?”


“Meir Chovav. My grandfather, father and uncle were all very interested in piyut and zemirot. They had special tunes for all of the zemirot of Motza’ei Shabbat. I don’t know many people who sing all of the zemirot in the siddur, but my grandfather did. When I got married I asked my mother to teach me all of her father’s tunes so I’d be able to pass them onto the next generation, and now all of my children know them as well.”


“I’ve heard of your father. He wrote many sefarim.”


“Right, and he was also an editor. He taught me piyutim as soon as I started to read. He davened in Yeshivat Eitz Chaim and I used to sit next to him as a young girl. They would say the piyutim for the Arba Parshiyot after davening rather than during chazarat hashatz. As they said them, my father would show me the words and explain them to me. My mother was also a teacher of literature and she wrote her master’s thesis on the Selichot of Rabbi Shimon ben Rabbi Yitzchak. So I grew up in a home where piyutim were of the utmost importance. My father had a theory in chinuch that the world needs to hear: When you tell children that if they learn you’ll give them candies, you’re teaching them that the goal is the candies, and that Torah is something that needs to be paid for and isn’t good on its own. My father’s approach was the exact opposite. If you do something correctly, I will stay and learn Torah with you. If you are dressed and ready to go to school early, you can come to my room and I will learn with you. This taught us that Torah itself was the reward. I did the same thing with my children and I’ve seen amazing results.


“Last week we went on vacation up north. When we arrived at the hotel, there was a beit knesset there. Whoever hadn’t davened Minchah yet went and davened, and then they needed a minyan for Maariv, so they waited for a minyan. Our family has seven men over bar mitzvah between our children and grandchildren, so they only had to wait for three more people. In the meantime, I walked in to see what was happening and found my son-in-law learning with a group of children and teaching them the story of tanur shel Achna’i [Bava Metzia 59a]. One of my sons was sitting and learning Gemara with his ten-year-old son. Two grandchildren—cousins—were learning Gemara; everyone was learning. They all know that whenever there’s free time it’s for the purpose of learning. I felt so fortunate. This was exactly my father’s shitah in chinuch. Whenever I see things like this it makes me really happy. Seeing the grandchildren laughing and playing during the vacation was very nice, but seeing them learning like that was so much better.”


“I’m sure the fact that they have a mother like you also helps.”


“And it’s not just my sons; my daughter is also very learned. She is now finishing her doctorate on how to teach family purity in today’s day and age.”


“How many children do you have?”


“I have four, baruch Hashem; one daughter and three sons. My daughter and her 17-year-old daughter daven in the beit knesset three times a day, sitting bitzniut in the ezrat nashim.”


“How long have you been living here in the Old City?”


“Forty-one years.”


“This is a very nice house. Are all the homes here similar?” “Each one is different. No two are the same.”


“Are there any problems with the Arabs in the neighborhood?”


“Almost none.”


“Do people who live here go to the Kotel every day?”


“Some do. There were years when I went every day, but I want to be able to daven properly with a minyan and that’s very difficult to do from the ezrat nashim of the Kotel, so I go to the Churva. I’ve been davening there every day since they renovated it. There are many women in the neighborhood who daven with a minyan every day and even three times a day. Between the Kotel and the Churva, it’s very easy. My husband goes to the Kotel because on the men’s side it’s much easier to daven.”


“What does your husband do?”


“He works at the Academy for the Hebrew Language. They are working on a historical dictionary of the Hebrew language. They have a collection of every word used by Chazal, all of the midrashim, all of the piyutim, megillot genuzot and more. They want to upload as many texts as possible into the computer and then analyze where and how many times every single word can be found. What’s unique is that they don’t just put up every word on the website; they dissect them. So, for example, as I’m working and come across a certain word, I can search for it and see every context in which it is used. They check each text according to the most accurate kitvei yad and give an explanation for every word. This is my husband’s biggest project. They also publish sefarim of the kitvei yad from time to time. For example, they printed the Talmud Yerushalmi from the only full ktav yad in existence. If there are mistakes in the ktav yad they point them out. Right now my husband is working on an index that explains each mistake; he’s constantly working on the Yerushalmi.”


“Was your husband also born in Yerushalayim?”


“Yes. His mother was a Holocaust survivor and his father was a survivor of the Chevron massacre; he was learning in Yeshivat Chevron at the time. My husband was their only son.”


“And now, to sum things up…”

“What can I really say in summary? I thank Hashem for ‘placing my portion among those who sit in the beit midrash,’ and for giving me the ability to teach and explain piyutim. I daven that Hashem should give me the koach to continue with my work.”



Some Memories of Reb Dovid Feinstein zt”l: Instead of a Hesped

Some Memories of Reb Dovid Feinstein zt”l: Instead of a Hesped

By Jonathan Boyarin

Jonathan Boyarin is the Diann G. and Thomas A. Mann Professor of Modern Jewish Studies at Cornell University. His latest book is *Yeshiva Days: Learning on the Lower East Side*, available here.

 

My Rosh Yeshiva, Reb Dovid Feinstein zt”l, was no longer with us on Friday just before Shabbes. This morning, Sunday, we watched online as an East Side Hatzoloh ambulance bearing his coffin waited for a crowd to clear so it could head up East Broadway following his outdoor eulogies. The ambulance lights flashed, almost surreal in the bright November sunshine, seeming at once reluctant to leave the neighborhood, warning of an emergency, and telling us it was already too late.

None of us will see him again, yet in the days and years to come the memories will circulate. I am so grateful that he permitted me to publish my impressions of him and of the Mesivtha Tifereth Jerusalem that he led for decades as successor to his father, Reb Moshe Feinstein. The book is new, and I am no longer a Lower East Side resident. Along with those who did eulogize him and asked mechila, forgiveness, from him on East Broadway this morning, I ask his forgiveness that I did not manage to bring it to him personally.

Those close to him, those who studied with him, referred to him as “Rebbi” or “the Rosh Yeshiva.” To help those who knew him to remember, and to offer some slight glimpse of his special personality to those who did not know him, I share here a few strokes of my sketch of him in that book, Yeshiva Days: Learning on the Lower East Side (Princeton University Press). And I speak of him in the present, as I do in the book, written and published in the sincere hope that I might continue to study with him for years to come. It was not to be.

Unlike the paradigmatic Hasidic leader, similarly addressed and referred to as “the Rebbe,” our Rebbi’s authority is if anything anti-charismatic and reserved. He has not striven to build a community of devoted followers, but rather serves the community as it happens to manifest itself and as it turns to him. One day I overheard my study partner Asher reply to someone: “That’s so not like Rebbi. Rebbi, if he sees someone doing something he disagrees with, he won’t say anything. But if you come to him and try to justify it, he’ll throw the book at you.”

During the week that the Lower East Side was without power after Hurricane Sandy, Elissa and I took refuge with cousins in Washington Heights, and were kindly invited to Shabbes meals at the homes of local residents there. Another guest at dinner that Friday night was a young man who clearly had a “yeshivish” background, and was working on a master’s degree in art history at Bard while working at the Cloisters. He told us had spent some time at MTJ during his high school years. In response to my comment about how remarkable it is to be in a small room with just about ten other guys listening to a shiur by one of the top halachic authorities of our generation, he told me he believed the Rosh Yeshiva had stayed on the Lower East Side precisely because he doesn’t want to be the object of mass veneration.

At least once I heard the Rebbi wonder aloud about the source of his own authority. One day we worked through a very long Tosafos (at Sotah 24) that took up the full hour of his Talmud shiur. The Rebbi introduced this text by saying, “Today we have a Tosafos that has nothing to do” with the ostensible topic of the passage in the Gemara to which it is attached as commentary. Rather, this discussion turned on the fundamental principle of Rabbinic Biblical interpretation that nothing is superfluous in the Torah—and that therefore, every seeming superfluity is available to teach us something not explicitly stated in the text. On the other hand, the Gemara will also sometimes claim that at certain points, rather than redundancies being available for interpretation, the Torah is merely “speaking in human language,” as people would in conversation.

As we studied the Tosafos, the Rosh Yeshiva several times worried the question of the seeming arbitrariness of the principle’s being applied sometimes and not others: “How do we know this one is dibra toyre, and that one is something we interpret? Because his Rebbi told him! But who told his Rebbi? So is it all ultimately halachos lemoshe misinai [laws orally dictated to Moses and not actually derivable from Scripture]? And if so, then are all of these cited verses just asmachtos [prooftexts for citation, but not the actual sources of the law]?”

He did not answer his own question, on this occasion—but he did on another. The Rebbi commented on a series of very general prooftexts presented (at Sotah 23b) for why certain rules pertain to male Kohanim and not to daughters of Kohanim, and certain rules pertain to men generally and not to women: “Don’t try to interpret the verses too closely—they’re very general. It’s all really halacha lemoshe misinai and the rabbis were just trying to convince the masses. You could spend five days trying to read it precisely, and you’d really be wasting your time. You should keep studying the text further instead.” Yet Asher had earlier that same morning quoted the Rebbi to almost the opposite effect: the Rebbi had once quoted the scholar known as Malbim, to the effect that if we really knew Hebrew grammar properly, we would understand why all of the prooftexts the Rabbis cite are compelling.

The Rosh Yeshiva is able to raise these issues, it appears to me, at least in part due to his conviction that we do know in fact what the halacha, the proper Jewish procedure, is, whether or not we are absolutely certain of its particular source in the text. Related to this conviction is his penchant for attempting to make sense of the Talmudic text, in the standard “Vilna edition,” as it is printed, before considering the various emendations that have been suggested over recent centuries and that are duly marked in that same edition. Thus, in a Tosafos as printed at Sotah 25b, the word “ve’ayno,” “and he does not” is left out in a quote from the Gemara elsewhere, so that the entire meaning of the quoted Gemara is obscured. While we were sitting in the library waiting for the Rebbi, several of us noted this. Someone said, “Should we tell the Rosh Yeshiva about it?”

Asher: “No, because maybe he’ll come up with a pshat (a way to make sense of the text as printed), and we would have missed it if we told him.”

In fact, the Rosh Yeshiva puzzled over it for a few seconds, then said, “maybe it’s a mistake.”

Perhaps the Rosh Yeshiva is willing to accept a certain degree of necessary misapprehension of the Rabbinic texts because of his conviction that the halacha for us is what we do. A different time, while ultimately acceding to an emendation, he insisted it was not necessary although it produced an assertion directly contrary to the text as it stands: “Okay, you can do like the Bach and take out the word ‘lo’ [not] here, and that makes it easier to interpret. But we could also interpret it the other way. It wouldn’t change the halacha, because we know what the halacha is, because the halacha is what we do.”

Such an assertion seems to reflect a striking confidence in the integrity of a tradition of halachic practice as handed down to us. The term here is minhag, as the authorized version of practice for a given community. Asher told me of someone who had studied at the famous Yeshiva Torah VoDaas in Brooklyn, who tried to dispute the Rebbi on a particular point of halacha. The disputant “brought a sefer [a printed authority] to show how the halacha should be, and the Rebbi shouted, ‘You’re going to start paskening [deciding the law] from seforim now? That’s not our minhag!’”

The Rebbi has time for moral dilemmas presented by the Talmud as well. The Gemara at Bava Kama 38a discusses whether Gentiles, who are not obligated to observe the vast majority of the commandments in the Torah, are nevertheless rewarded if they do observe those commandments. It concludes that they are indeed rewarded, but less than Jews—because “one who is commanded and does is superior to one who is not commanded and does.” The Rebbi explained that this is because of the anxiety attendant upon the obligation in anticipation: “Why does the one who is commanded get a greater reward? Because the thought, ‘I must do it,’ is weighing on my mind long before the obligation actually comes into force.” He reinforced this argument with the maxim lepum tsaarah scharah, “according to the suffering is the reward.”

Yisroel Ruven protested that this is unfair: if the suffering involved is the measure of the reward, then a Gentile who suffers for the sake of observing a commandment should be rewarded, even if he is not obligated.

The Rebbi responded by pointing to the analogous case of a Jewish woman who is not obligated to do a certain mitsvah, but does it anyway. He stated that “according to the suffering is the reward” applies to her, and concluded that perhaps indeed it should apply to a Gentile as well. This led to a brief mention of women who insist on putting on tefillin, against the usual Orthodox practice and sometimes in the face of mockery and protest. The Rebbi remarked: “Those people [women] who [put on tefillin] must be getting lots of reward, because look at all the grief they’re getting!”

Yet he was still troubled by Yisroel Ruven’s question: It’s hard to understand why a Gentile is not rewarded according to his suffering. He suggested that perhaps God makes sure that righteous gentiles who want to observe commandments don’t suffer for it, and thus they miss out on the corresponding rewards. And he conceded that perhaps those truly “compulsive” Gentiles who not only observe the commandments, but worry about them beforehand, are in fact rewarded commensurately.

“Yeah,” Yisroel Ruven commented when I reviewed this discussion with him after the shiur, “but he also said God wants it that way [with greater rewards for those who are commanded than for those who are not], so we’ll have to work it out ourselves.”

Several of the eulogies this morning addressed both the Rosh Yeshiva’s extraordinary focus on study and his commitment to the welfare of the community, a perennial tension in rabbinic culture. The end of the first chapter of Bava Kama (17a) deals with the question of the relative priorities of Torah study versus the active performance of commandments. The Rosh Yeshiva explained the meaning of the dictum that study is great because it leads to the performance of mitzvos. It’s not because when I study, I know how to do mitzvos; on the contrary, “The more I learn, the more I’m fartift [engrossed], the more I know I don’t know.” This, he suggested, will make me stand in greater awe of Heaven, and thus encourage me to follow the commandments more diligently.

But how much indeed can be conveyed in a brief sketch like this, or even in a whole book of memories? One day Asher, Hillel, and I understood the Gemara (at Bava Kama 21b on the bottom) the same way the Rebbi understood it in shiur, and our agreement that Tosafos’ explanation of the scenario the Gemara was discussing seemed to make the most sense was evidently in accord with the Rosh Yeshiva’s reading as well. I pointed this out to Asher, who replied, “Yeah, wasn’t that satisfying? Every now and then I see that I’m reading the Gemara the way the Rosh Yeshiva learns it. Somebody asked me once years ago why I go to the shiur, and I said it’s because I hope that if I stay long enough, sometimes I’ll learn the way he does. I’ll never really get there, but every year I get a little closer to how the Rebbi learns.”

May his memory bring us blessing.