Highlights of the Mossad HaRav Kook Sale of 2020, New Rabbi Tovia Preschel volume

Highlights of the Mossad HaRav Kook Sale of 2020, New Rabbi Tovia Preschel volume

By Eliezer Brodt

For over thirty years, beginning on Isru Chag of Pesach, Mossad HaRav Kook publishing house has made a big sale on all of their publications, dropping prices considerably (some books are marked as low as 65% off). Each year they print around twenty new titles and introduce them at this time. They also reprint some of their older, out of print titles. Some years important works are printed; others not as much. See here, here and here for review’s, of previous year’s titles.

If you’re interested in a PDF of their complete catalog, email me at eliezerbrodt@gmail.com

As in previous years I am offering a service, for a small fee, to help one purchase seforim from this sale. For more information, email me at Eliezerbrodt-at-gmail.com.

Part of the proceeds will be going to support the efforts of the Seforim Blog.

The last day of the sale is Friday, May 1.

What follows is a list of some of their newest titles.

ראשונים

  1. סידור תורת חיים, בחלקים. סידור לימי החול, לשבתות ומעודים עם פירושי הראשונים על פי כתבי יד ודפוסים ראשונים עם מקורות והערות

  2. יסוד מורה וסוד תורה לרבינו אבן עזרא

  3. שפה ברורה לרבינו אבן עזרא

  4. שיטה מקובצת בכורות

  5. שיטה מקובצת בק גחלקים

אחרונים

  1. פסקי הגרא השלם, הלכות שבת, מאת הרב יעקב טריביץ עם ביאורים מתוך מעשה רב ומשנה ברורה

  2. ביאורי אגדות הגרא על כמה אגדות

  3. ראברהם יצחק הכהן קוק, שמונה קבצים, שני חלקים, מהדורת רמשה צוריאל

  4. רמשולם ראטה, שות קול מבשר, שני חלקים

  5. ריוסף דוד הלוי סולוציציק, דרש דרש יוסף, שיעורים ודרשות על פרשות השבוע נכתבו ונערכו על ידי תלמידו ראבישי דוד

  6. רשאול ישראלי, משפטי שאול ארץ ומדינה

  7. רראובן מרגליות, מרגליות הים למסכת סנהדרין, מהדורה חדשה

  8. רנריה ישעיהו, אורי וישעי, בחלקים, חקרי סוגיות בענייני שבת ויום טוב, 660+640 עמודים

  9. ראהרן רבינוביץ, רינת התשובה, התשובה במבטם של חכמי ישראל בעלי התלמוד, ראשונים ואחרנים

  10. ראהרן קינדרמן, משלי הקדמונים על פרשות התורה

  11. הרב יהודה יודל ראזענבערג, אמרי דעת, בחלקים. שני חלקים דרושים והלכות. חלק ראשון יביע אומר – דרושים נפלאים על כל מועדים ושבתות מיוחסים ועל כל מאורעות המתרגשות לבוא בקהילות ישראל 360 עמודים. חלק שני – יחוה דעת – חידושי הלכות וחידושים בשס ובפוסקים. 708 עמודים [ניתן לקבל תוכן]

עינינים שונים

  1. רראובן רז, עיונים בכתביהם של בעלי המוסר

  2. דר יהושפט נבו, הקינות לאור המדרש עיון במקורות המדרשיים של הקינות

  3. רטוביה פרשל, מאמרי טוביה, כרך ו. ראה התוכן למטה

  4. רראובן רז, שערים למערכת הקנינים

  5. רמשה מנחם שפירא, תפילה לעני סדר יום כפור קטן, תפילת יום כפור קטן עם ביאורים ודברי חז”ל במדרשים ובתלמודים. 188 עמודים

  6. ריהושע ליברמן, נושאי השס, תמצית דברי כל התלמוד בבלי מחולק לפי נושא עיקרי משני ואגדתות

A few years back I wrote:

Just a few years ago, the great Talmid Chacham, writer and bibliographer (and much more), R’ Tovia Preschel, was niftar at the age of 91. R’ Preschel authored thousands of articles on an incredibly wide range of topics, in a vast array of journals and newspapers both in Hebrew and English. For a nice, brief obituary about him from Professor Leiman, see here. Upon his passing, his daughter, Dr. Pearl Herzog, immediately started collecting all of his material in order to make it available for people to learn from. Already by the Shloshim a small work of his articles was released. A bit later, she opened a web site devoted to his essays. This website is constantly updated with essays. It’s incredible to see this man’s range of knowledge (well before the recent era of computer search engines)… This is an extremely special treasure trove of essays and articles on a broad variety of topics. It includes essays related to Halacha, Minhag, bibliography, Pisgamim, history of Gedolim, book reviews, travels and personal encounters and essays about great people he knew or met (e.g.: R’ Chaim Heller, R’ Abramsky, R’ Shlomo Yosef Zevin, R’ Meshulem Roth, R’ Reuven Margolis, Professor Saul Lieberman). Each volume leaves you thirsting for more…

Here is the Table of contents for  Volume six! (link)




Review of Professor Daniel Sperber’s Netivot Pesikah

Review of Professor Daniel Sperber’s Netivot Pesikah by Eliezer Brodt
Professor Daniel Sperber, Modes of Decision – Methods and Approaches for Proper Halakhic Decision Making, Jerusalem, Reuven Mass, 2008, 207 pages; Hebrew.

פר’ דניאל שפרבר, נתיבות פסיקה ‘כלים וגישה לפוסק ההלכה’ ירושלים, תשסח, ראובן מס, 207 עמודים
Last week a new book from Rabbi Prof. Daniel Sperber arrived in stores, Netivot Pesikah. This is his third book which he authored in less than a year (see here and here for reviews on them). Before I begin I must say at the outset this book follows in the path of his most recent book Darkah Shel Halakha in that he discusses very sensitive topics and says things that many will take issue with. In this post I will not even attempt to deal with all that is discussed in this book as that would require its own book which others much better suited than I could do. What follows is a review of some of the points which he makes in this book including some of my own opinions for whatever they are worth. This is just some preliminary remarks as many topics contain much information and, in time, will be subject to their own posts.

This book is an expansion of essays that he has written in English first printed in the book Modern Scholarship in the Study of Torah, and later, reissued in a separate booklet “Legitimacy and Necessity: Scientific Disciplines and the learning of the Talmud.” This volume is an expansion of those essays including many additions and some new chapters never printed before. The first two parts of the book deal with what a Rav specifically needs to know and use modern day tools to reach proper conclusions in halakha. Sperber includes all kinds of samples to prove his points, including many examples from old texts and historical works. As Sperber writes in the introduction of his English edition:

This study seeks to demonstrate that there is a need to use scientific discipline when examining rabbinic texts. These texts include textual clarification based on manuscripts and early printed editions, philological studies to ascertain the exact meaning of difficult terms, seeing the text in its historical, sociological and literary settings and the use of material evidence to understand the physical aspects of an object discussed. Without the appreciation of these methodologies we often miss the main point of the text, and in some cases even err to the particular halachic implications.

He begins this latest volume with the following statement — which is really picking a fight in a quiet way — that it is well known that in the yeshiva world they mock the academic world saying they are concerned with what the Tanaim and Amoraim wore, whereas we are concerned with what they actually say. He says although it is certainly very important to know what they say, it is also very important to know what they wore. He shows a few examples that demonstrate this point that by not knowing what they wore, there were mistakes in understanding different areas of halakha such as in hilkhot tefilah and in hilkhot nidah.

Additionally, another example offered by Sperber, is from the laws of tying on Shabbat, where he ably demonstrates that if one has a full understanding of sailor knots, this knowledge allows one to fully understand the gemarah dealing with these issues. These examples, according to Sperber, show the importance in having this kind of knowledge. He than goes in to a lengthy discussion of what is known today as the scientific method of learning gemarah. Professor Sperber shows that this form scientific method of study is not new, rather, it dates to the times of rishonim. Further, he shows that there were great people such as the Sredei Eish who was involved with such methods and that if done properly this method is very important. In this section it is clear that even Professor Sperber is well aware of the great dangers of it and he does not know exactly how to go about mainstreaming it as opposed to the rest of this volume. A quote that Professor Sperber brings from R. Avraham E. Kaplan is appropriate here:

הוגי התלמוד שבארצות המערב מרבים להשתמש בסוד התיקון מתוך מציאות גירסאות. יש מהם שלא זזו מלחבבה, עד שבאו להעמיד את כל דרישתנ בתלמוד עליה בלבד. ויש גם בין חריפי המזרח ובקיאיו שסרו כאן קצת מן הדרך הנאות לצד שני שבדבר, הם הזניחו יותר מדאי את ענין הגירסות, לא כך היה דרך הקודש של רבותינו הראשונים ז”ל, הם הכניסו לתוך עמקי עיונם בגופי הלכות גם את הדיוק הגירסאי בלשון ההלכות, והרוצה בפירוש של אמת וצדק לצאת בדרך זו

From there he moves in to a whole discussion of the usage of manuscripts in general and specifically about the famous opinion of the Hazon Ish. Sperber’s discussion is based on on Professor Speigel works Amudim b’Tolodot Sefer HaIvri, but he adds many excellent sources to those of Speigel. Specifically, he shows how many gedolim disagreed with the Hazon Ish as is evident from the haskamot and usage of the work Dikdukei Soferim – an entire work devoted to using manuscript evidence to ascertain the correct text of the Talmud. Sperber quotes the Minsker Godol who praises the sefer Dikdukei Soferim. To this I would add two more quotes from R. Meir Halpern’s excellent book on R. Yerucham Leib Perlman, the Minsker Godol [R. Halpern taught the Minsker Godol’s son]: “כל אות ואות שבדברי חז”ל היתה חשובה ושקולה בעיניו לעשותת אותה יסוד ולהעמיד עליה בנין ולקחת ממנה ראיה לדין והלכה. ולכן היו חביבים בעיניו ספרי דקדוקי סופרים, וכמה וכמה פעמים היה מראה כי על פי שנוי קטן בנוסחא מתיישבים כמה דברי גדולי הראשונים, שהבאים אחריהם נתקשו בהם ולא ירדו לסוף דעתם ודחאום מהלכה”. (הגדול ממינסק, עמ’ 85) Elsewhere he writes: “כשעלתה בידו ליישב שיטת איזה מהראשונים על פי נוסחא ישנה שמצא בגירסת התלמוד, היה בעיניו כמוצא שלל רב ואין קץ לשמחתו. ולכן היו ספרי דקדוקי סופרים של הר”ר רפאל נטע רבינוביץ יקרים וחביבים לו”. (שם עמ’ 159)
Professor Sperber then continues with another topic, showing the need to know about different printings and printing mistakes. He shows how the knowledge of bibliography helps one come to a proper understanding of the topic of parashat Parah being d’oraitah — and it is somewhat ironic that on this very page there is a mistake where Sperber writes the name of the Prei Chadash as R. Yechezkial, where it should really say R. Chizkiyahu]. Professor Sperber writes that the teshuvot on the topic of smoking today should take in account that all the earlier literature on this topic is from a time when they did not realize the dangers of smoking.

In the second section he has thirteen excellent examples (including pictures) demonstrating how using manuscripts helps one come to a proper understanding of the Yerushalmi. He gets in to a discussion of mesorah, nussach hatefilah. This later point leads him in his notes to deal with all the different printings of the siddur of R. Jacob Emden as much was added in over the years which was not written by R. Emden until the new beautiful edition by Eshkol was printed. [Even Eshkol edition, however, is not perfect and does not fully reflect the opinions of R. Emden, but it is much better than previous siddurim that claimed to reflect R. Emden’s positions.] Sperber offers an example how censorship from the censors causes a wrong Pesak on topic of halakhot of lo sichanam. He has a small discussion about the Besamim Rosh, and a more lengthy discussion on how the proper dating of when the Rama died plays a role halakhically. He shows how a Kaarite explanation crept into many rishonim and how a mistake in Rabbeinu Yerucham without using manuscripts causes a wrong halakha. Finally, he has a lengthy discussion of the edited teshuvah of the Rama on yayin nessach. These are just some of the many topics one can find in this sefer.

The last two parts of the sefer are a continuation of his previous work Darkah Shel Halakha, including new information on topics discussed there on the feelings a posek must have to the people asking questions. (Sperber has a separate article on this topic, available here.) To illustrate the point he brings a beautiful story with R. Shlomo Zalman Auerbach, when after listening to a very complicated question, he told the person that he is sorry but that he can not answer him as he can not put himself in his shoes – it was towards the end of his life so he did not have enough strength.

The last part of Netivot Pesika are additional sources continuing from his Darkah Shel Halakha about how a posek should not to be overly machmir.

As always, Professor Sperber does not let us down with his breathtaking wide range of sources in his famous lengthy footnotes — 283 notes in total — quoting both from Hebrew and English sources. Of great interest to note is his tremendous Bikiut in all the seforim of R. Yaakov Chaim Sofer. This volume is also full of many nice stories and anecdotes to demonstrate his points. This book is much more organized than some of the other works of Professor Sperber, a complaint that many have voiced by some in the past. There are no tangents in tangents of tangents, as he sticks with each topic at hand.

One complaint I have with the book although he includes all the tools one needs to have today to render proper halakhic rulings, there is a glaring omission which I feel should be the few pages explaining how it is proper to learn Torah and that all the Torah sources are the first and most important things that one needs to master first. Only afterwards are these tools helpful and necessary, otherwise these tools alone will not help much.

When I finished reading Netivot Pesika I was stuck with the following feeling: A while ago when reading the excellent article of Dr. Shlomo Sprecher on mezizah b’peh I thought to myself that its lucky I am not a Rav, as this evidence is so hard to deal with. I never went to medical school and I have doctors saying each way and besides that I have the excellent documentation of Dr. Sprecher on this whole topic showing the whole historical development of this halakha convincing one how one can do it b’klei. This book also continues showing me how hard it is for one to become a Rav these days and anyone reading it thinking of pursuing such a career might change their minds.

My outcome after seeing all this unbelievable evidence would be that every rav has to make sure to carefully check up the sources he is using to reach his pesak and if it is related to issues of science or knowledge outside of learning to consult an expert of that particular field, but going to school would not teach one all of this as Sperber himself admits that how many languages could one learn already (pg 50) and still have time to learn Torah which is always supposed to be the main thing? There are many sources which show that one can learn other sciences, etc., and the great necessity of knowing them of reach proper conclusions in pesak.

One has to be aware of all these methods and maybe know how to check up manuscripts. But there is no way every topic that one would be able to research from scratch and suspect that everything up until now is a mistake. Besides, who has such libraries, even with the various computer programs, no one has all these manuscripts and early printings so readily available. The Rabannim would never get anywhere with issuing p’sakim. Rather, a rav has to be aware of the issues that Prof. Sperber raises and consult experts of each particular field, whether dealing with bankers or real estate agents to understand what the market is, to consult medical experts with regard to medical and fertility issues, electrical issues, scientists and the like.

Thus, if someone is dealing with questions of hilkhot Shabbat and electricity aside for having to master the extremely complicated topics of Grama he also has to understand electricity a bit besides for this he would have to understand how this particular product he is dealing with works exactly. Today many rabbanim are well aware of this so they are very careful to check into exactly understanding how products work before issuing a pesak to list one example.

One of the greatest poskim of the past century, R. Shlomo Zalman Auerbach, was famous for how he consulted experts and tried to understand the exact facts before issuing a pesak. This is evident in all his writings on all of the modern day issues. One example: In recent years there has been much written on the bottle cap opening of shabbat — it even has its own huge sefer (as virtually everything else does these days) on the topic! One of the rabbanim who has been involved with this topic for years is R. Moshe Yadler, author of Meor Hashabbat, where he has written on this topic and spent many hours speaking to many gedolim about it. When he was researching the topic he made sure to track down every type of bottle, he visited factories to see how bottles are made so that he would be able to understand exactly how it is made so he would be able to pasken properly. When he gives a shiur about this topic he comes with a bag full of all types of caps to demonstrate to the crowd the exact way it is made, etc. He told me once that he spoke to R. Shlomo Zalman Auerbach about this many times at one point and requested R. Shlomo Zalman Auerbach to put in writing his pesakim to which the latter did. But R. Shlomo Zalman Auerbach’s son told R. Yadler that his father sat for three days with a soda bottle in front of him the whole time he was writing the teshuvah and he kept on taking it on and off. Another of the many samples of this are the writings of R. J. David Bleich in his now five-volume Contemporary Halachic Problems, two-volume Jewish Bioethics and other works.

In conclusion I would like to quote a lengthy passage from one of my favorite books HaGodol m’Minsk that expresses an idea similar to Professor Sperber,on what a Rav should know – [I got to this book after hearing many times from my Rosh haYeshiva R. Zelig Epstein Shlita how great it is] I apologize for not translating it into English “אף שם אל לבו להשתלם בידיעת עניני העולם. ובאשר ידע כי התמדתו הנפרזה בתורה היא הגורמת לחסרונו זה, ומפני גודל שקידתו כמעט שלא דבר עם איש מלבד לענות שאלה באיסור והיתר או למי שבא לדבר בדברי תורה, והיו הכל נמנעמים מלבוא אל ביתו בראותם כי למשא הם עליו והוא מדבר רק בעל כרחו כאלו כפאו שד, ובו ברגע שמפנים שכמם ללכת הוא שב ללמודו בקול רם כמשפטו באופן שניכר ומורגש היה להם שבביאתם הם מבטלים את הרב מתורתו. . . לכן עלה על רוחו להשלים חסרונו בכל האפשר, ויאמר להנהיג תורתו מנהג דרך ארץ. ועל פי רמז מאתו וגלוי דעתא דניחא ליה, היו באים אליו לפרקים שניים מחשובי העיר. . . הם היו באים אליו בעידנא דמיפגר מתלמודו, והיו משעשעים אותו בשיחותיהם. זה מספר מעסקים ומסחרים שונים ומבאר פרטיהם ודרכיהם, וזה מדבר על גוי ועל אדם, מספר קורותיו והרפתקאותיו ומבאר דעותיו והשקפותיו. וכיון שנפרץ הגדר מעט, היו באים לפעמים גם אחרים מאנשי העיר בשיחם ושיגם. והרב היה מתענין ושומע ומתכוון לקנות ידיעה בעיני התבל והמציאות. אף היה מתיר לעצמו לפעמים ללכת עם אחד מאלה לטייל בסביבות העיר. ומדי עברו לפני בנין שונה ודבר לא רגיל היה שואל לדעת טיבו ומהותו. כן נמשך הדבר כשלשה ירחים לערך. הרב אמנם עשה חיל בלמודיו אלה ויעבור בהם את רבותיו אלה, שהיה קורא להן בדרך הלצה רבנן דאגדתא, מאיר דעובדי ובמשך הזמן הקצר הזה התעשר בידיעות רבות… והנה נשמט מזכרונו דבור אחד מהראשונים המדברים בזה ולא ידע לפי שעה מקומו והוצרך לחפש אחריו תלה את הדבר בביטול תורה של הפסקות האלה בשיחות וטיולים, ויצר לו מאד ויקט בפניו. וישב לחדר למודו ולקביעותו כבראשונה, והבקורים והטיולים חדלו… בעת זקנו אמר לי פעם אחת כד הוה בדיחא דעתיה רב אמר שמונה עשר חדשים גדלתי אצל רועה בהמה, ורבנו הקודש לא נתן לו רשות להתיר בכורות, ואני לקחתי לקח שלשה חדשים אצל בעלי הבתים והעולם לא נתנו סמיכתם לי על ידיעתי עניני הארץ. בכל זאת אוכל לומר כי הידיעות האלה שקינתי לי אז, הן הן שעמדו לי בכל ימי חיי, מהם אני שואף ויונק בכל עת שבא מעשה לידי”. (הגדול ממינסק עמ’ 59-63).
Many of these points were demonstrated a bit in the convention and than journal Beis Havad previously discussed on the blog. Professor Sperber, however, goes ahead and demonstrates it much more clearly via many excellent examples to prove each point.
The book is available in the U.S. at Beigeleisen and in Israel at Girsa books and directly from the publisher, Rubin Mass. The SOY Seforim Sale at Yeshiva University, has online ordering available (minimum order of $100), and has Darkah Shel Halakha and Netivot Pesika.




A Response to Dr. Shapiro: A Defense of the Torah Temimah

A Response to Dr. Shaprio: A Defense of the Torah Temimahby: Y. Lander (of the Ishim v’Shitot blog)

I read with interest Dr. Shapiro’s recent post questioning the accuracy of R’ Baruch Epstein’s tale concerning his dialogue with the Netziv’s first wife, Rayna Batya. Dr. Shapiro points to several discrepancies in R. Epstein’s account and based on those discrepancies posits that R’ Baruch deliberately contrived the story in order to call attention to the plight of women in his time. I would like, however, to present a more prosaic but equally plausible interpretation of the discrepancies that Dr. Shapiro notes.
Dr. Shapiro refers to the “the well-attested fact that Epstein was a plagiarizer” [1] and therefore one must be suspicious of anything he writes. That Epstein frequently fails to provide proper attribution when quoting other authors is certainly irrefutable but I am not at all certain that this was due to conscious plagiarism. I found that only two of Epstein’s works show significant signs of plagiarism – Torah Temimah and Tosefes Bracha[2] – whereas the chiddushei Torah cited in Mekor Baruch and Baruch She’Amar (Tefillah and Pirkei Avot) are original.
If Epstein was indeed a plagiarizer then from where did he get the sudden burst of originality that appears in the latter two works? Why would he plagiarize in Torah Temimah, stop for Mekor Baruch and then continue in Tosefes Bracha?
Further, Y. Bezek, in the article cited by Shapiro, points out that among the sources that R’ Epstein plagiarizes is Maimonides Sefer Hamitzvos. Is it really logical to assume that Epstein intentionally tried to pass of a Rambam as his own chiddush? Or that he could get away with plagiarizing a Gra in Mitnaggdic Vilna heavily influenced by the Gra and his teachings. [2a]
It seems far more logical to simply take Epstein’s words in his Introduction to the Torah Temimah at face value. There he writes, (roughly translated) “this work has taken me 15 years to write and has gone through many drafts. During the course of this time much information has gathered in my mind and although I have made an earnest attempt to provide proper attribution the reader is requested to judge me favorably in this.”
Given the large volume of information Epstein was dealing with and the limited time he had at his disposal [3] it is not surprising that he had not the ability to properly identify the sources for all the hundreds (if not thousands) of interpretations he provides in his commentary. I suspect that Tosefes Bracha is based on those notes that he did not incorporate into his Torah Temimah [4] and would therefore have the same defects as the former.
Shapiro also uses Mondshine’s study on R’ Epstein. But, Mondshine brings very little proof to support his assertion that the story of the Aruch HaShulchan’s meetings with the Tzemach Tzedek was simply fabricated out of “whole cloth.” Rather, Mondshine points out that R’ S. Y. Zevin who received Semicha from the Aruch HaShulchan never mentioned any of these conversations. This omission, according to Mondshine is key, as R’ Zevin was an adherent of Chabad it is only natural that the AS should have mentioned these meetings to him.
It is a pity that Mondshine didn’t read Zevin’s K’sav Horaah (printed in the new Kitvei Aruch Ha-Shulchan). If he had he would have seen that R’ Zevin never met the Aruch HaShulchan. It is written there that “I recognize that this is man is indeed a Talmud Chachamim based on the many letters I exchanged with him.” Those who have read the AS’s correspondence in the Kitvei will see that the AS rarely goes into any extra detail in his letters focusing solely on the question at hand.
But all this is unnecessary, R’ Y. L. Maimon (Fishman), a Talmud of the AS, wrote a series of books with various “Gedolim” stories entitled Sarei HaMeah. In the last volume (vol. 6 pg. 101) he mentions the conversations that “the Aruch Hashulchan himself told me that at the request of some of the (Chassidic) townspeople he went to visit the Tzemach Tsedek.” Their first conversation involved a discussion of the disagreements between Chassidim and Misnagdim….” [5]

Dr. Shapiro finds it impossible to believe that the Tzemach Tsedek should have said “Had it not been for the great dispute about Hasidism, and the Gaon’s strident opposition, the new movement might have led its followers out of the ranks of halakhic Judaism.” I beg to differ. The Tzemach Tsedek’s grandfather the Baal HaTanya held the Gra in great esteem [6] thus he might have tried to find a justification for the Gra’s opposition. Second, the Tzemach Tsedek waged an intense battle against the Maskilim in their attempts to “reform” traditional Jewish education [7]. To this end, the disagreements between the Chassidim and Mitnaggdim were ignored in order to more effectively battle this new greater menace [8]. It is not unlikely that in order to cement this new found alliance [8a] that the Tzeamach Tsedek would have made this kind of conciliatory remark to the Aruch Ha-Shulchan (brother-in-law of the Netsiv who was one of the most influential of the Mitnaggdim) in order to downplay the conflict between the Chassidim and Mitnaggdim
Dr. Shapiro introduces his post admitting that – “When Mekor Barukh was published there were still plenty of people alive who had known her and it would have been impossible to entirely fabricate her personality.” This being the case the report that- “It was her habit to sit by the oven in the kitchen—even in the summertime—next to a table piled high with seforim. These included a Tanach,(Mishnayos) Ein Yaacov, various midrashim, Menoras HaMaor, Kav HaYashar, Tzemach Dovid, Shevet Yehudah, and many other books of this nature.” [9]- must also have been true. This is an important point that is the cornerstone of the whole story.
Dr. Shapiro wonders how “the rebbetzin, sitting in Volozhin, would just so happen to come across this volume on her husband’s bookshelf.” Here is one possibility. We know that there were several large libraries (for example the Strashun Library in Vilna [10]) in the area and it is certainly possible that a copy of Mayin Ganim might have made its way to the intellectual center in Volozhin.
A similar example of a very rare Sephardi book circulating is mentioned in Mekor Baruch (pg. 1224). There he mentions a Maggid who recalled seeing an alchemical recipe in a rare book. The name of the book was Nifla’ot Elokim by Abraham Shalom Chai printed in Livorno. As Shapiro writes “There would have only been a few copies of this book in all of Lithuania.” But we see that it did circulate.
I agree with Shapiro that the TT obviously copied the letter from HaTzefirah. But all this proves is that at the time of the writing of Mekor Baruch he no longer had access to a Mayin Ganim and therefore had to copy from “HaTzefirah”. We do not have any proof that years before, as a student in Volozhin, he had no access to this book.
I also would like to point out that the TT refers to Mekor Baruch in manuscript [11] (Malki BaKodesh vol. 6 pg. 45) in his letter to Hirschenson. It is clear from the letter that the passage on Rayna Batya had already been written before he wrote this letter so he could not have “uses the language in his letter to Hirschensohn to create the following reply to Rayna Batya” as Shapiro writes.
As to the addition of the term “Ulai”, a commenter has correctly noted that the TT must have conflated the term “Efsher L’ Chalek” that appears in the letter with the term “Ullai”. Erroneous readings such as these are fairly common in TT as Kasher has shown in the addendum to Torah Shelemah v. 26.
We have then two possible ways of interpreting the various discrepancies that appear in R’ Epstein’s works. Either as Dr. Shapiro contends he engaged in fraudulent behavior, including intentional plagiarism, and fabricating historical accounts, or as I contend he simply failed to approach his work systematically, meaning he didn’t keep detailed notes, relied overly much on a faulty memory (See Psalms 19:13), and perhaps engaged in some artistic license in order to heighten the effect of his stories.
I leave it to the reader to decide which of the two is more plausible.
[1] On this see the sources cited in D. Rabinowitz – “Rayna Batya and other learned woman: A realuation Rabbi Barukh Halevi Epstein’s sources” Tradition – footnote 4.
[2] Many of the Chiddushei Torah cited in Tosefes Beracha have been previously attributed to the Gr”a. Compare “HaMeor HaGadol” – A collection of the Gra”s Torah from rare source by Yissocher Kreuser to almost any Parsha in Tosefes Bracha.
[2a] Note that in Tosefes Bracha (Gen. 31,1 Exodus 8,17) he writes that “after I thought of this chiddush a sefer of the Gra’s chiddushim (D’var Eliyahu) came out containing the same idea.” It seems that he genuinely thought that these were entirely his own ideas.
[3] He had a full time employment as a bookkeeper. See also M. M. Kasher’s description in a note to Torah Shelemah 26 (300-301)
[4] TB is for the most part a repetition of his Chiddushim in Mekor Baruch and an expansion of some of his writings in Torah Temimah. It gives the impression of a collection of ideas haphazardly “thrown together” rather then following any specific writing plan.
[5] See also the study of the AS’s unique use of Kabbalah here. It is not unlikely that he was influenced in this by the Tsemach Tzedek.
[6] See Iggeret Kodesh pg 86 ff. In another place he refers to the Gra as a חד בדרא
[7] See “The Tzemech Tsedek and the Haskalah Movement” – available here.
[8] Mekor Baruch describes the enthusiasm with which the Tsemach Tsedek was greeted in his visit to Lithuania. Cf. the comments of Eliach in HaGaon Vol. 3 Pulmas HaChassidus. See also “B’Mechitasam Shel Gedolei Torah” – Y. Mark on R’ Chaim Soloveitchik for a further description of the Tsemach Tsedek’s actions at the conference.
[8a] In Mekor Baruch he writes that the Tsemach Tsedek begged the AS to make every effort to prevent the rise of Reform (pg. 1291).
[9] Taken from “My Uncle the Netziv” with the addition of one word.
[10] Although the Strashun Library was only officially opened to the public in 1892, (see here), the very existence of a private collection of so many rare seforim leaves open the possibility that some of these rare books may have circulated among the intellectual “elite” in Volozhin.
[11] Specifically he refers to a passage demonstrating that Archivolti was in fact a Talmudic scholar. Since this passage is part of the Rayna Batya story it is not unlikely that the whole passage had been completed before he sent the letter.




On the History and Development of Nirtza

On the History and Development of Nirtza

By Yaacov Sasson

Yaacov Sasson is a musmach of RIETS, and author of the recently published ספר שש אנכי, available here.

Nirtza is the conclusion of the seder, and as most commonly recited in the Ashkenazi tradition, consists of the following components: the recitation of L’shana Habaa B’Yerushalayim and Chasal Sidur Pesach, followed by the piyutim Vayehi Bachatzi Halayla, Va’amartem Zevach Pesach, Ki Lo Naeh, Adir Hu, and then additional piyyutim such as Chad Gadya and Echad Mi Yodea; the latter two are of later vintage.[1] Nirtza remains somewhat enigmatic, and an analysis of the historical development of Nirtza is helpful to understand its function within the structure of the seder.

The Leket Yosher, a student of the Trumas Hadeshen, records the Trumas Hadeshen’s simanei haseder, which are more detailed and elongated than the popular “Kadesh Urchatz” simanim. The Nirtza of the Trumas Hadeshen is similar to the current day Nirtza, with one very noteworthy difference. For the end of the seder, beginning with the washing of mayim acharonim, the Trumas Hadeshen’s simanim read as follows:

The Leket Yosher goes on to explain each of these simanim in more detail, and writes[2]:

As such, the Leket Yosher already had the components of L’shana Habaa, Chasal Siddur Pesach, Vayehi Bachatzi Halayla, Va’amartem Zevach Pesach, Ki Lo Naeh, and Adir Hu. However, the Leket Yosher has the piyyutim of Vayehi Bachatzi Halayla, Va’amartem Zevach Pesach, and Ki Lo Naeh before the drinking of the fourth cup, whereas the common practice now is to say these piyyutim after the cup and after Chasal Siddur Pesach.

The recitation of these three piyyutim before the drinking of the cup seems to indicate that, fundamentally, the Trumas Hadeshen and Leket Yosher considered these piyyutim to be part of Hallel, as the fourth cup was instituted over the recitation of Hallel. The content of these piyyutim is mostly hallel and shevach, so it seems reasonable that these piyyutim were originally included in the seder as a part of Hallel, and this is also indicated by the Trumas Hadeshen’s language of “Mosif B’Shvachos Ha-el”, indicating that these piyyutim are indeed a hosafa to Hallel. Thus, within the structure of the seder, these three piyyutim do not function as part of the conclusion of the seder; rather they are actually part of Hallel.

The Leket Yosher places L’Shana Habaa, the piyyut Adir Hu, and Chasal Siddur Pesach after the fourth cup. The distinction between these, which are placed after the cup, and the aforementioned three piyyutim, seems to be that the elements placed after the cup are thematically forward looking, toward the future geula, rather than hallel on past miracles. As such, they are appropriate for Nirtza, which, as mentioned, functions as the conclusion of the seder.[3] While Vayehi Bachatzi Halayla and Va’amartem Zevach Pesach do end with bakashos for the future geula, they are by and large shevach and hallel for past miracles, and thus were considered a hosafa to Hallel.

It is also likely that Chasal and Adir Hu were later additions to the seder, which might constitute an additional reason why they were split from the three earlier piyyutim.[4] It appears from Leket Yosher that Chasal Siddur Pesach was originally a local minhag, so that certainly became widespread later than the three earlier piyyutim. And in the hagada of Rav Yitzchak ben Meir of Dura (author of Shaarei Dura), the seder ended with L’shana Habaa after the final cup, with no recitation of Adir Hu or Chasal.[5] This would indicate that Adir Hu and Chasal became standard later than the three earlier piyyutim, which are included in the Shaarei Dura’s hagada.[6]

As noted earlier, the widespread practice today is to recite the three piyyutim (Vayehi Bachatzi Halayla, Va’amartem Zevach Pesach, and Ki Lo Naeh) after the drinking of the fourth cup.[7] Maharshal (Shu”t Maharshal 88) objected to the recitation of these piyyutim before the drinking of the cup, because the closing bracha of Hallel should immediately precede the drinking of the cup.[8] Maharshal states that the piyyutim should be recited after the cup, unlike the Tofsei Machzorim that have the drinking of the cup after these piyyutim. Maharshal is cited by the Bach (siman 480), and the Magen Avraham (siman 480) writes that the piyyutim should be recited after the cup, as they are only a minhag. Although Maharshal and the Magen Avraham provide reasons why the piyyutim should come after the cup, it is possible that they fundamentally agree that the piyyutim are an extension of hallel, albeit with technical reasons why they should be recited after the cup.

It should be noted that the Magen Avraham also cites from the Tashbetz (99) that Maharam would recite the piyyutim before drinking the fourth cup, so as not to be thirsty when going to sleep, and this is what is printed in Siddurim. My impression is that, although he brings both opinions, the ikar halacha according to the Magen Avraham is like the opinion of Maharshal, that the piyyutim be recited after the cup.

As noted by Maharshal and the Magen Avraham, the order printed in the Tofsei Machzorim and Siddurim in their time was the recitation of the three piyyutim before the drinking of the cup. And while Maharshal, the Bach, and the Magen Avraham ruled as early as the sixteenth and seventeenth centuries that the piyyutim should be recited after the drinking of the cup, this ruling was largely not followed for hundreds of years.[9] In my informal survey of printed hagados available online, virtually all printed hagados that I saw through the eighteenth century followed the old order, with the piyyutim before the cup, as presented in the simanim of the Trumas Hadeshen.[10]

To show just a few examples, this hagada printed in Amsterdam in the late 1700s places the piyyutim directly after the concluding bracha of Hallel, before drinking the cup[11]:

As does this hagada printed in Fuerth in the late 1700s[12]:

There were few hagados in the early 1800s that placed the piyyutim after the cup, with more in the later 1800s, as this practice grew modestly. But even by the end of the nineteenth century, the majority of hagados placed the piyyutim before the drinking of the fourth cup. (Aruch Hashulchan (480:3) also writes regarding the placement of the piyyutim before the cup, that it is so in the Hagados, confirming that this was the standard order through the nineteenth century.) The major shift to placing the piyyutim after the cup took place in the twentieth century, and very much accelerated in the second half of the twentieth century, to the point that today, it is difficult to find a hagada that places the piyyutim before the cup.

The Maxwell House hagada is the most widely used hagada in America, and has been used by millions of Jews over the past 100 years. Maxwell House also placed the piyyutim before the cup, as late as its 1994 edition. (Below is an image from the 1964 edition.)

However, by the 2015 edition of the Maxwell House hagada, the order was changed, and the piyyutim are now placed after drinking the cup.[13]

Some other new editions of older hagados have also moved the placement of the piyyutim to after the cup. For example, in the 2001 Ahavas Shalom edition of the Shelah’s hagada, they have moved the piyyutim to after the cup, but do inform the reader of the original placement of the piyyutim.

One popular hagada that still places the piyyutim before the cup is the Ktav Publishing House (red and yellow) hagada.[14] This placement is so out of the ordinary in current day hagados, that it leads to questions like this one[15]: “The semi popular Passover Hagadah by Rabbi Nathan Goldberg strangely puts drinking the fourth cup at the seder after starting a couple of songs from nirtzah. I’ve never seen this in any other haggadah, and it seems wrong. The fourth cup was established to go with hallel, and it would make sense then to drink it at its conclusion, and not make an interruption with a couple of unrelated songs. Is this a mistake? Is there some source for this “change”?”

The pendulum has swung so much to the Maharshal’s order, that the questioner is unaware that this was the order in the majority of hagados until a century ago, and that the change went in the other direction; the order more common today is the result of a change. The language of the question is also noteworthy, as “drinking the fourth cup at the seder after starting a couple of songs from nirtzah” would indeed be strange, as would be an interruption of “unrelated songs”. However, if we understand that these piyyutim are actually intended to be part of Hallel, as noted above, the question falls, as the question is based on the assumption that these piyyutim are intended to be part of Nirtza.

Similarly, the Mesivta (Nusach Ashkenaz) Hagada (p.792) singles out Rav Reuven Margoliyos’s hagada (Be’er Miriam) in noting that Ki Lo Naeh appears there before the drinking of the cup, seemingly also unaware that the majority of hagados were printed that way until the twentieth century.

An interesting question arises: why is it that the ruling of Maharshal and the Bach were largely not followed until the twentieth century, and the custom in the twentieth century shifted so dramatically that the prior custom is now nearly unheard of? One possibility is that this is a “Rupture and Reconstruction” phenomenon, and reflects the shift from mimetic tradition to book-learning halacha due to the rupture in Ashkenazi society caused by the holocaust, a result of which was the de-emphasis of the mimetic tradition. This larger trend was noted by Dr. Haym Soloveitchik in his seminal article in Tradition.[16] A modification of Dr. Soloveitchik’s hypothesis was put forward by Rabbi Yehoshua Pfeffer, who suggested that the shift to book-learning halacha was a result of the explosion of yeshivos and kollelim in the 20th century.[17] R. Micha Berger has argued that the changes noted by Dr. Soloveitchik began in the 19th century, and “less than a discontinuity that occurred in the mid-20th century, the reconstruction was a long process that was forced to a hasty close[18]”, which seems to fit the phenomenon we have observed here.

Another factor to consider is what R. Joseph Tabory has written, that “the custom eventually disappeared from the eastern European tradition, although it still appears in some haggadot of the western Ashkenazic tradition[19]”, although he does not note what precipitated the change, when the change occurred, or that it has further accelerated in the last century with the demise of Eastern European Jewry.

An additional explanation for the dramatic change in common practice was suggested by my good friend Dr. Josh Lovinger, who noted that the halachic codes themselves may have tended more towards Maharshal’s position as time has gone on. The Magen Avraham, for example, brought the position of Maharshal, as well as the practice of Maharam. However, the Shulchan Shlomo (480:1) requires the piyyutim to be placed after the cup, and the Aruch Hashulchan (480:3) also endorses Maharshal’s position unequivocally.[20] There are however, counter-examples, as Chayei Adam (Klal 130: Hallel) presents both options as legitimate, and Mishna Brura, following Magen Avraham cites both positions. It is possible that the acceleration of this shift was a result of a combination of all of the above factors.

Assuming the three piyyutim are to be recited after the cup, as according to Maharshal, what then is the proper sequence after the cup? Based on the above, that the piyyutim were originally part of Hallel, it would follow that the three piyyutim should be recited immediately after the cup, and before Chasal. Although the piyyutim ought not be recited before the cup for a technical reason, it is reasonable that the piyyutim be placed adjacent to Hallel since they were intended to be part of Hallel. Chasal Siddur Pesach means that the seder is complete, so it would be inconsistent to declare that the seder is complete and then go back to reciting Hallel. As noted above, the three piyyutim are primarily hallel-themed, while Chasal is forward looking, and as such seems to belong after the piyyutim. Additionally, as mentioned above, Chasal was added to the seder later than the three piyyutim, which might be another reason that Chasal was originally placed after the cup. This might be additional reason to recite the piyyutim before Chasal, as they were incorporated into the seder earlier.

This order, with the three piyyutim after the cup but preceding Chasal, is in fact found in the hagada of Rav Yozfa Shamash, available in manuscript online via the National Library of Israel.[21]

This section is also included in Machon Yerushalayim’s edition of Rav Yozfa Shamash’s Minhagei Vermeiza, in the hagahos to siman 77:

This is also the order presented in Rav Yaakov Emden’s siddur Shaarei Shamayim, with the three piyyutim after the drinking of the cup, and preceding Chasal.[22] Here is Chasal following the completion of Ki Lo Naeh:

However, this order is not the prevailing practice, and is almost unheard of in present day hagados.[23] Although R. Joseph Tabory notes that “Others of the western tradition have…retained a vestige of the western Ashkenazic custom by retaining the Hasel Seder Pesach after the additional songs, rather than immediately after drinking the fourth cup[24]”, it is unclear to me who he is referring to in the present day that has retained Chasal after the additional songs.

The only hagada that I have seen printed in the last 100 years that places these piyyutim after the cup and before Chasal, is the hagada Todas Yehoshua of the Monastryshcher Rebbe, printed in 1935.[25] (There might be others that I have not seen, but they are certainly very few and far between.) Here is how the piyyutim appear in the Todas Yehoshua, with Vahehi Bachatzi Halalya after the cup, and Chasal after the end of Ki Lo Naeh.

The Monastryshcher was one of the earlier Chasidic Rebbes to emigrate to the United States, and OU Press recently published a volume about him, entitled Hasidus Meets America: The Life and Torah of the Monsatryshcher Rebbe, by Ora Wiskind.[26] I contacted the Rebbe’s descendants to inquire why his hagada placed the piyyutim before Chasal, but did not receive a clear answer. However, his great-grandson Rabbi Nachum Rabinowitz pointed me to the Rebbe’s hanhagos, printed in sefer Erkei Yehoshua, and his own practice was not as printed in his hagada. On the first night, he recited the piyyutim after the cup and after Chasal, as is the common practice today. On the second night, he recited the piyyutim before the cup, as was the old minhag. So his personal practice was different on each night, but neither night was consistent with what he printed in his hagada.

The prevailing practice nowadays is to recite the piyyutim after the cup, and after Chasal. The earliest hagada that I have seen with this order is the hagada of Rav Shabsai Sofer (published from manuscript over 20 years ago), that has the three piyyutim after the cup and after Chasal.[27] The vast majority of hagados with the piyyutim after the cup follow this order, and virtually all hagados printed nowadays follow this order. It is not clear to me how this order became dominant. Most published halachic codes, when they state that the piyyutim belong after the cup, do not specify whether they belong before or after Chasal. Shulchan Shlomo appears to be the exception, as it specifies saying the piyyutim after Chasal. This might have contributed to this becoming the prevailing practice, although it is not clear that this would be sufficient to carry the day so decisively. It is possible that the order of Chasal being recited immediately after the cup stuck, even when the piyyutim were moved to after the cup.

Aside from the question of how this became the prevailing practice, there is also the question of whether this practice is reasonable. If the piyyutim are seen as a part of Hallel, then it should make sense to recite them before Chasal, not after. Part of the explanation might be that the recitation of Chasal is intended to connote the end of the formal halachic seder, and as such should follow the drinking of the last cup, and not additional piyyutim which are a hosafa to hallel. However, as noted above, thematically these piyyutim are more similar to Hallel, while Chasal turns the focus towards the future geula, so the placement of these piyyutim remains somewhat ambiguous, and as such is a matter of dispute between different authorities, as noted above.

In summary, the Trumas Hadeshen and Leket Yosher place these three piyyutim (Vayehi Bachatzi Halayla, Va’amartem Zevach Pesach, Ki Lo Naeh) before the drinking of the fourth cup, as part of Hallel. This was the Ashkenazi practice for hundreds of years. Maharshal, Bach and other poskim objected to this practice and required the piyyutim to be placed after the cup. This ruling was largely not followed the twentieth century. If the three piyyutim were intended to be part of hallel, it would seem to be reasonable to recite them before Chasal, but the common practice is to recite them after Chasal.

Let us conclude with a Nirtza bakasha found in a hagada manuscript from Baghdad in 1776[28]:


,נרצה כל מי שעושה זה הסדר יזכה לשנים רבות
,נעימות וטובות, לשנה הבאה בירושלים
שמחים כפלי כפלים בקבוץ גלות יהודה ואפרים אמן

[1] See R. Daniel Goldschmidt’s chapter 3, and Hagada Shleima (R. Shmuel Ashkenazi and R. Menachem Kasher) siman 36.
[2] https://hebrewbooks.org/pdfpager.aspx?req=8860&st=&pgnum=155

[3] The 1526 Prague Hagada also contains a version of Adir Hu in German, printed in Hebrew letters, beginning “Almechtiger Gott”.

https://braginskycollection.com/portfolio/prague-haggadah
Hagada Shleima suggests that perhaps the German is the original and the Hebrew (Adir Hu) is a translation, but I have not seen any evidence to support that assertion. Versions of this German Adir Hu also appear in various later hagados, some of which include the refrain “Nun Bau”, for example in the 1725 Herlington Hagada.

https://braginskycollection.com/portfolio/herlingen-haggadah/


This German version is still recited by some in the Yekke community to this day. This version also appears in the Hagada in the original printing of the Shaar Hashamayim siddur with the commentary of the Shelah. (The 2001 Ahavas Shalom edition of the Shelah Hagada has removed the German version.) This German version of Adir Hu did elicit some opposition, such as in Beis Eivel Uveis Mishte (pp18b – 20b) by Rav Shmuel Palaggi, and Kos Yeshuos by Rav Naftali Hertz Fleish (excerpts printed in Min Hagenazim, vol. 3, 1975, p. 96.)
[4] See R. Daniel Goldschmidt’s Chapter 3, where he also notes that Chasal and Adir Hu were later additions.
[5] https://www.loc.gov/item/2022397713

[6] Interestingly, the Shaarei Dura hagada has the recitation of borei nefashos after the fourth cup, in the image shown. This is certainly a scribal error, as a few pages before, when detailing the halachos of the remainder of the seder, it says explicitly that al hagefen is to be recited after the fourth cup. Also noteworthy is that this hagada includes our standard simanim of “Kadesh Urchatz”, but with the addition of a siman “Notel”, denoting mayim acharonim before birkas hamazon.
[7] I am told, anecdotally, that some in the Yekke community still recite the piyyutim before the fourth cup.
[8] Regarding the closing bracha of birkas hamazon, and the recitation of harachaman before the cup, see my Sos Anochi (siman 26).
[9] My assumption in this statement is that people’s practice generally followed what was printed in their hagados.
[10] One exception that I saw in print is in the siddur of Rav Yaakov Emden, which will be shown below. There were also several exceptions in manuscript that were printed only more recently, such as the hagados of Rav Yozfa Shamash and Rav Shabsai Sofer, also mentioned below.
[11] https://hebrewbooks.org/4889
[12] https://hebrewbooks.org/10550
[13] My attempts to determine who decided to make this change to the Maxwell House hagada were unsuccessful.
[14] https://ktav.com/products/goldberg-passover-haggadah-box-of-50
[15] https://judaism.stackexchange.com/questions/102127/fourth-cup-after-starting-nirtzah

[16] “Rupture and Reconstruction” by Dr. Haym Soloveitchik, in Tradition 28:4.
[17] In a Symposium on “Rupture and Reconstruction”, Tradition 51:4, specifically pp. 83-84.
[18] https://www.torahmusings.com/2019/08/rupture-and-reconstruction-at-25-years/

[19] The JPS Commentary on the Haggadah, p. 60. My thanks to Dr. Josh Lovinger for bringing this reference to my attention.
[20] Interestingly, Mishna Brura cites both positions, while the Aruch Hashulchan endorsed Maharshal unequivocally. This is somewhat of a departure from what we would expect based on Dr. Soloveitchik’s presentation in “Rupture and Reconstruction”, in which the Aruch Hashulchan typically attempted to justify common practices, while the Mishna Brura tended to value common practice less than did the Aruch Hashulchan.
[21] https://www.nli.org.il/he/manuscripts/NNL_ALEPH990001671700205171/NLI#$FL15383925. This hagada was recently published by under the title Hagada Likutei Yosef.

https://kollelashkenaz.org/publications/haggadah-shel-pesach-the-yosef-yusfa-haggadah/

[22] https://hebrewbooks.org/pdfpager.aspx?req=22619&st=&pgnum=92&hilite=

My thanks to Dr. Josh Lovinger for bringing this reference to my attention.
[23] I would expect that Hagada Likutei Yosef should follow this order, but have not seen a copy thus far.
[24] The JPS Commentary on the Haggadah, p. 60.
[25] https://hebrewbooks.org/2712

This hagada was printed as a fundraiser for Yeshiva R. Chaim Berlin.
[26] https://oupress.org/product/hasidus-meets-america/
[27] My thanks to Dr. Josh Lovinger for bringing this reference to my attention.
[28] Hebrewmanuscripts.org/hbm_712.pdf




Chanukah Customs and sources

While the only mandated mitzvot for Chanukah consist of lighting candles and saying the full hallel, there are numerous other customs that have come to be associated with Chanukah.

The custom to play driedel on Chanukah is steeped in mystical allusions. From the letters which appear on the driedel to the way the driedel spins, people have offered explanations to link this to Chanukah. The Beni Yisscar, R. Tzvi Elimelch says that the reason the dreidel is spun from the top and the gragger on Purim is turned from the bottom has to do with how each holiday’s miracles were effected. On Chanukah the miracle came from above, directly from God. However, on Purim, the miracles were directly brought about by the actions of Ester, Mordechi and the Jewish people. Thus, the dreidel is spun from the top showing the miracle came from above, and the gragger from the bottom showing the miracle came from below. Others explain the symbolism of the letters that appear on the dreidel, נ, ג, ה, ש. According to one explanation these hint to the mitzvot that we have on Chanukah, נרות שמונה (candles all eight nights) and הלל גמר (the complete hallel). Others note the gematria (numerical value) of the letters which correspond to the same gematria as משיח (the Messiah). Others still, link the letters with גשנה the city Yosef secured for his family in Egypt.

According to at least one source, the custom of playing dreidel was actually started in the time of the Maccabis. They say that in an effort to circumvent the Greek decree against studying the Torah, children and their teacher would have a dreidel handy to start playing in case the Greeks came upon them studying the Torah. They would claim they were not studying instead they were just playing dreidel.

Despite all of these explanations, in truth, dreidel is not Jewish in origin. Rather, driedel is really the rather old game of teetotum. Teetotum, which uses a top with four sides and four letters is one and the same with dreidel. The letters that appear on the dreidel are really just the Hebrew letters that appear on a German or Yiddish teetotum, G, H, N, S. G= ganz (all), H halb (half), N nischt (nothing) and S schict (put). Teetotum dates back to at least the 16th century long before we have any Jewish allusions to dreidel(it was originally totum or top, but became TEEtotum due to the use of T for take all, on the top). The well-known depiction of children’s games done by Brueghel in 16th century includes Teetotum(see here and here for the complete painting). The earliest Jewish mention of dreidel or the significance of it dates to the late 18th century.

The story connecting dreidel to the ruse of the Maccabis was first published in the book Minhagi Yeshurun, which was first published in 1890 (the name was changed to Otzar Kol Minhagi Yeshurin in the third edition, which is available online here from Hebrewbooks.org . The author included a nice picture of himself at the beginning, although he was a Rabbi in Pittsburgh at the turn of the twentieth century, he is holding a quill pen.) His source is a contemporary of his. [As an aside, although his explanation of dreidel is well-known he offers a similar explanation for playing cards on Chanukah, i.e. that the Maccabi did so. However, that one is not nearly as well know.]

The custom of Chanukah Gelt appears to have changed over time. The earliest sources that mention money on Chanukah connect it with either collecting money for the poor (presumably for money to purchase the necessary implements for the Chanukah lights)(Sefer Mataamim) or giving money to ones children’s teachers. (Hemdat Yamim, Chapter 3 Chanukah early 18th century, anonymous author, some claim was Nathan of Gaza, Shabbtai Tzvi’s “prophet” others just a student of the Ari).

Again, especially amongst the Hassidic commentators, the custom took on a life of its own, both in its scope to include giving money to children and in its significance. There was also a special emphasis on giving their respective Rebbi money as well. R. Chaim Palache (Pellagi) (1788-1869) is the first to mention giving children money. He offers a kabbalistic reason “as children are representative of נצח והוד (eternity and glory). Something I don’t profess to have any idea what that means.

Another custom, again somewhat late in origin, is the custom to not study Torah on Christmas eve. Menachem Butler has a post here on some sources, however, one should add that there is now a full length sefer devoted to this topic, Yisrael Barukh Mestinger, Nitel U’Meorosav, 2000. As well as a pamphlet, Hefaru Toresecha, maamar maktif mminhag avotanu bi-yadun (sic) odot lel ha-ofel nitel nacht, u-minhag yisrael l’vatel ma-asek ha-torah, 2004. Additionally, R. Gavreil Zinner, devotes a section of his work, Neta Gavreil on Chanukah to Nitel.

For more on the various customs associated with Chanukah, see Neta Gavreil Chanukah; Pardes Eliezer Chanukah 2 vol.; R. Yitzhak Tessler, HaDreidel (Sivvivon) B’Chanukah: Mikoroteha, Tameha, u’Minhageha, in Ohr Yisrael 50-62, vol. 14 (Tevat תשנ”ט).




Review: Daniel Sperber, On Changes in Jewish Liturgy

Review: Daniel Sperber, On Changes in Jewish Liturgy

By Dan Rabinowitz and Eliezer Brodt


Daniel Sperber, On Changes in Jewish Liturgy, Options & Limitations, Urim Publications, Israel: 2010, 221, [1] pp.

The ever prolific Professor Daniel Sperber’s most recent book focuses on Tefillah. This book, as some of his others, has drawn some sharp criticism, most notably from Professor Aryeh Frimer in Hakirah (available here). To be sure, this post does not attempt to defend Professor Sperber or the feminist movement with regard to these issues, but, in the course of our review we hope to offer some relevant comments that will further this important discussion. Our main interest remains the substance of the book on this important topic – changes to the Jewish liturgy.

This book grew out of a lecture given at the Jewish Orthodox Feminist Alliance. Professor Sperber then decided to revisit the broader issue of the parameters of acceptable changes to the liturgy.

The prayerbook has become – and this is not a new trend – a battleground. In 19th century, the battle lines were drawn between Reform and Orthodox movements. Of course, earlier heterodox movements had also created their own prayerbooks, such as the Karaites, but in those instance, the praybook was more a reflection and outgrowth of the movement and was not, in and of itself, one of the wedge issues. In the modern period, however, the advent of the Reform movement argued for a variety of changes to the prayerbook to account and adjust for modernity. In this instance, it was both the substance of the prayers as well as their execution (Hebrew or not) that was at issue See generally, Jacob J. Petuchowski, Prayerbook Reform in Europe, New York, 1968.

Earlier examples of prayerbook controversy touched upon other theological debates; for example, some questioned the inclusion of Machnesi Rachamim as it can be read as a request for assistance from angels and not God (see here). Others questioned the inclusion of piyutim generally. Ibn Ezra’s critical comments regarding this topic are well-known. Sometimes prayer itself was employed for polemical purposes. Naftali Weider discusses a version of the blessing over the Friday night candles that incorporated a polemic against Karaism (see N. Weider, Hisgavshos Nusach HaTefillah B’Mizrach U’BeMaariv, Jerusalem, 1998, 329). And, of course, one must mention the oft-discussed blessing against heretics [in some versions] in the Shemoneh Esrei (see, most recently, Ruth Langer, Cursing the Christians?: A History of the Birkat HaMinim, Oxford Univ. Press: 2011).
Thus, it is scarcely surprising that discussing changes to the prayerbook might arouse controversy. That said, we must note – and this is the essential point of this book – the texts of the prayers have never been static, and they have been constantly evolving. At times this evolution was controversial while at other times the evolution and changes to the liturgy appears to have passed almost without notice.
Dr. Sperber focuses in this book on historic changes in an effort to support change today, mainly changes that are more sensitive to women. Sperber discusses a variety of changes to the prayerbook that are non-standard. For example, we have added whole sections, a liturgy for Kabbalat Shabbat (essentially created in the 16th century), abbreviated others – yotzrot, piyutim – and changed texts for a variety of reasons – grammatical, Kabbalah, and nationalist. For the most part, to those familiar with the history of the prayerbook, as well as Sperber’s prior works, much of this book is well-tread territory. Moreover, as Sperber notes, the notion of a a fixed nusach is absurd insofar as a large segment for those professing orthodoxy regarding the siddur, themselves pray in an entirely new nusach, one developed in the the past 200 years, namely the rite known as nusach Sefard. While this nusach may have antecedents in the Sefad Kabbalistic movement, that only moves it back to the 16th centruy, a veritable spring chicken vis-a-vis the purported codifiers of tefilah, Anshe Kenneset ha-Gedolah.
Sperber’s focus is on changes that incorporate women more directly into the tefilot as well as adapting the tefilot to be more sensitive to women. He then discusses exactly what the acceptable parameters for change are and discusses specific examples of historical change. He provides detailed discussions both in the body of the work as well as the numerous appendixes.
Sperber does an admirable job distinguishing between permanently fixed language to which change is prohibited, and the lesser fixed portions for which change is permissible. Sperber notes that even is quasi-fixed prayers, like those appearing in the first three and last three blessing in Shemonei Esreh, historically, we have altered those blessings. On this point Professor Frimer takes issue with some of Sperber’s conclusions, but some of Frimer’s criticism is rather weak. Rather than directly addressing the issue, Frimer attempts to delegitimatize and discredit the manuscripts that Sperber relies upon. (p. 76 note 38) Frimer merely states that we know little about those manuscripts that Sperber relies upon, or, in other words, Frimer, without any compelling argument or proof doubts the veracity of the manuscripts. This argument has been used by many in what has been coined the Chazon Ish’s Shitta about new manuscripts and the like. In this case the attempt is really to go further and dismiss much of the Geonic literature that has been discovered in the past century and, and Frimer’s reliance upon this argument demonstrates a serious lack of awareness of the scholarship in the area of manuscript authentication (a topic which we hope to return to at length in a future post).
Indeed, independently of the manuscript sources, Sperber goes even further showing that during the Ten Days of Repentance, we add and alter the first and last (supposedly immutable) blessing, but those alterations cannot be dated to Hazel or the Anshei Kenest ha-Gedola but date rather to the Geonim. Some, however, have argued that changes by the Geonim or Rishonim proves nothing, as they are special but we are not. Their argument goes (and Frimer is an ardent supporter of this) that somehow those persons were allowed to change prayer. Unfortunately, this argument is unsatisfying. Simply put, that rationale begs the question of what power did those persons use to make changes? Was it based upon their own view that they were worthy of changing the prayers? That is, if the only rule is “great people can change prayer” who told them at the time that they qualified as “great people?” Or, is this entirely post-hoc rationale just the tautology that because they changed the prayers and only special people can change prayer they must be special people? Sperber, however, has surveyed the literature and offered concrete rules of when and how to change the prayers that do not fall prey to these logical infirmities. Indeed, he would concede that certain prayers are immutable.
Sperber’s also takes a more reasonable view of which prayers are ripe for change. His view is that if some find it offensive, we should, if we can, attempt to appease those persons. Others have taken the somewhat counter-intuitive position that even if some find a prayer offensive if there is a non-offensive explanation for the prayer, that is satisfactory. Of course, this position ignores the very real fact that some may be offended by those prayers, no matter how many explanations are offered. Sperber’s position is that insofar as there is no prohibition to change, why not attempt to remove the offensive text entirely?
One of the changes that Sperber suggests is related to the שלא עשני אשה controversy and concerns the suggestion to remove it completely as it is offensive toward woman. This suggestion has been discussed in numerous articles, and Sperber cites many of them. Everyone feels they can add their two cents on the suggestion, so we will too. I will begin by saying that having davened in many shuls of all kinds in my life, I have almost never even heard them say this berachah out loud in the first place. While many woman, especially today, find this Beracha offensive and for this alone there might be grounds to remove it (as other berachos were removed over the ages for similar reasons – see Tzvi Groner’s excellent book for a good list) I (EB) personally do not understand why this issue is so contentious.
I will just quote three ideas from others on the topic which I honestly believe is not apologetic but, of course, some may disagree.
R. Yaakov Emden writes:
מה ששמעו אזני בשבוע זו… כי ערל אחד חרש רעה על היהודים שמברכים בכל יום ברוך שלא עשני גוי, אמר היהודים אינם מחשיבים לגוי אלא כבהמה מפקירים דמו וקנינו רוכושו, אמרתי אני שגם זה הבל זה הערל לא לבד ערל בשר אלא גם ערל לב הוא, ושלא היה לו לב לדעת מה שאנו אומרים עוד שתי ברכות הסמכות לזו ברוך שלא עשני עבד, ברוך שלא עשני אשה, הלא בודאי אין אנו נוהגין מנהג הפקר לא אפילו בעבד כנעני שחייב במצות שאשה חייבת בהן, ואמר איוב אם אמאס משפט עבדי כו’, אצ”ל באשה שלנו שאנו חייבים בכבודה וכבדה יותר מגופינו, הלא יראה מזה שנשתבש אותו המוציא דבה עלינו בעבור זה, אבל הענין ברכה זו לפי שהגוי אינו מצווה בתרי”ג מצות כמונו יוצאי מצרים ולכן אינו מצווה גם כן על שביתת שבת ויום טוב כמונו, כמו שהוא ענין בברכותינו על ,שלא עשנו עבד ושלא עשנו אשה שהעבד גם כן אינו מחוייב במצות רק כאשה, ואשה אינה חייבת רק במצות עשה שאין הזמן גרמא, ונכנעת תחת בעלה והוא ימשול בה, מ”מ חביבין עלינו כגופותינו כן הוא הענין בגוי [הקשורים ליעקב, עמ’ ריט].
R. Reuven Margolios writes:
ולאשר האשה אינה נענשת על בטול המצות עשה שהזמן גרמא וחלקה בעולם הבא כחלק האיש הי’ מקום למי אשר לא הגיע לחזות בנועם ה’ לומר מי יתן והייתי אשה שאז נפטרתי מעול כל מצות אלו לכן תקנו חכמינו ע”ה שימסור כל איש מודעה כי המצות האלו כן תקנו גם הודאה כוללת לכל זרע ישראל שנתחייבו במצות הרבה בכדי להגיע לחיי עולם הבא בעוד אשר הנכרי המקיים מצותיו השבע הוא בן עולם הבא והי’ מקום להמתרשל לומר מי יתן והייתי בן לאחד מגוי הארצות ולא נתחייבתי בכל אלו, לשלול זה יודה כל בן או בת ישראל לה’ על שלא עשהו גוי להורות שעושה המצות מאהבה (טל תחייה, עמ’ מז).
In regard to the topic of feminism in general see the Kesav ve-ha-Kabbalah who writes an important insight in his work on the Siddur:
והתבונן עוד כי מצות התורה יש להם סדר מיוחד לאיש איש כפי כח הכנתו הנפשית, יש מן המצות הערוכים ושמורים לכל נפשות זרע ישראל, ומהם נערכים במשקל ובמדה נאמנה לנפש זולת נפש, כי מהן המחוייבות רק לכהנים לבדם, ומהן ללויים לבדן ומהן לכהן גדול לבדו, ומהן לזכרים לבדם ולא לנקבות, כי לפי שהתורה מאת אדון כל היוצר רוח האדם בקרבו לא יפלא ממנו דבר, לחקוק חקים ומפשטים לפי ערך ומדרגת כל נפש, עד שיהיו מקובלים על לב כל אחד מהם, והם אפשרי הקיום לפי הכנת נפשו, עד”מ שאין ספק כי זרע אהרן הכהן מוכשרים הנפשות שנאצלו בהן כחות יקרות בשיעור רב מה שאין שאר זרע ישראל מוכשרים אליהן, וכן משפחות הלוי, וכפי הבדל נפשותיהן נבדלו בענין המעשים והעבודות המקבילות נגד נפשותיהן המעולות. וכן הכהן הגדול בעבור היות נפשו עוד נבדלת מכל אחיו הכהנים בכחות יקרות פנימיות הנודעות ליוצר כל ית’ , לכן מוכשר לקבל עוד מצות היתרות על שאר הכהנים, וכן הבדל כחות הנפש שבין זכרים לנקבות, הוא המסבב הבדל חיוביהן במצות, כי המצות הערכים במשקל ובמדה נאותה לפי הכנת על נפש ונפש, עד שאין מצות ממצותיה וחוק מחקותיה יוצא מגדר באפשרי משום נפש, לפי חלוף מצבי הנפשות בכחותיהן , ועל זה אמר ומתקן ומקבל. התורה במצותיה מתקנת ומסודרת, עד שהיא מתקבלת בלב כל איש ואיש לפי מצב נפשו וכח הכנתו, ואין אחד מהם יוכל לומר קיום דבר זה אצלי מסוג הנמנעות (עיון תפילה, דף נ ע”ב-נא ע”א).
Another offending passage Sperber discusses (pp. 46-47) is found in the Ve-hu Rachum tefilah where it says ושקצונו כטומאת הנדה. Sperber brings versions that did not have these words and suggests that we take it out. He then concludes (p. 50) that maybe this whole tefilah of Ve-hu Rachum should be made into a private tefilah and not obligatory, as its a late addition to the liturgy in the first place. Now it should be noted that although this sounds radical, in reality it is not. The omission of this prayer is common amongst Chassidm for far weaker reasons. Many omit it for any and all yarzheits of anyone who ever wore the mantel of “Rebbi.” Thus, Sperber appears to be in good company.
In regard to Sperber’s suggested change to add in the Imahot in the first bracha of Shemonah Esrei, although he does provide evidence that changes were made even in these berachos, I (EB) find it hard to accept these suggestions and I would have to agree with the issues Frimer raises in this regard.
One last point: while this study definitely shows that many changes were made in our liturgy, it is still not clear as to when and how and why. Exact guidelines, if there are any, need to be defined more clearly it is buried in a mass of amazing historical and bibliographical notes. Summaries and more exact conclusions should be written out more clearly, as this is such a dangerous topic as Sperber himself is well aware (see p. 129 and 124).
Here are some general notes and sources to add to Sperber’s plethora of sources. We would just like to mention that today, because of the internet, the study of Siddur has and will greatly change. Many rare and early printed siddurim and manuscripts related to Siddur are available for viewing in ones’s own home instead of being only available in far-flung libraries, available to professional scholars. Using these sources alone can revolutionize the study of the development of the Siddur.
Suggested Additions
p.9 on the Prayer for State of Israel see Joel Rappel, “The Identity of the Author of the Prayer for the State of Israel,” in Shulamit Eliash, Itamar Warhaftig, Uri Desberg, eds., Masuah Le-Yitzhak: Rabbi Yitzhak Isaac ha-Levi Herzog Memorial Volume (Jerusalem: Yad ha-Rav Herzog, 2008; Hebrew), 594-620, and his “The Convergence of Politics and Prayer: Jewish Prayers for the Government and the State of Israel,” (PhD dissertation, Boston University, 2008).
p. 23. regarding studies on Kabbalat Shabbat: to date the most comprehensive study on this topic is from Rabbi Y. Goldhaber, Kovetz Beis Aron V’Yisroel, 64: 119-138; 70: 125-146; 73: 119-13. Hopefully he will collect and update all this into a full length book in the near future.
p. 32 note 2 there is a typo it should read Shmuel Askenazi.
p. 36 see also D. Rabinowitz, “Rayna Batya and other Learned Women: A Reevaluation of Rabbi Barukh Halevi Epstein’s Sources,” Tradition 35 (2001).
p. 33-39:On the Shelo Asani Ishah controversy see E. Fram, My Dear Daughter, HUCP 2007, pp.37-41.
p. 34. On Rabbi Aaron Worms of Metz see the important article from Y. Speigel, Yerushasnu, 3, 2009, pp. 269-309; R. Dovid Tzvi Hillman, Yeshurun, 25, 2011, pp. 619-621.
p.40 and onwards; related to the שלא עשני אשה controversy see Yoel Kahn, The Three blessings Boundaries, Censorship, and Identity in Jewish Liturgy, Oxford 2010.
p. 41-42: On R Abraham Farissol see David B. Ruderman, The World of a Renaissance Jew, the life and thought of Avrhom Ben Mordechai Farissol, HUCP, 1981.
p. 52 D. Rabinowitz, “Is the Modern Placement of Bameh Madlikin A Polemic Against Hassidim?” Or Yisrael, 2007, 180-84.
p. 73 note 4 there is a typo, it should say R. Dovid Cohen.
p. 80 see D. Rabinowitz, “The Pitfalls of Changing the Liturgy: On Changes to the Nikkud of Kaddish,” Or Yisrael, 158-62, 2007.
p.100 See E. Brodt, The Avudraham and his usage of the Tur and Pirush of R Yehudah Ben Yakar (In print).
pp. 108-109: In regard to R. Emanuel Hai Ricchi see: B. Naor, Post Sabbatian Sabbatianism, pp. 53-57: Yeshurun, 24, p. 444.
p. 109: Darchei Noam is worth mentioning as this work is one of the only works that received a Haskamah from the Gra, see Eliach, Hagaon 3, p. 1257.
p. 133: It should say the brother of the Ketzot Ha-choshen, R. Yehudah author of the Terumot Ha-Kerei.
p. 157: On R. Yakov Emden’s Siddur and additions from others over the years. It is worth mentioning that a few years ago the printing house Eshkol printed a new version of the siddur including many new additions of R. Emden himself, from a manuscript of the siddur. One of the important features in this edition is they put all the material that was not R. Emden’s in different fonts so one can see exactly what was added by others over the years. Additionally, they provided a photo reproduction of the original siddur at the end of volume two.
p. 177: Sperber brings the special work of the Aderes on Tefilah. Sperber notes this books is full of textual changes, some based on manuscript but mostly on his own. To be more exact and correct, what Sperber writes about this work a very small part was printed in the Journal, Knesset Hagedolah. Many years later a few pieces of this work was printed in the journal Yeshurun. In 2002, Y. Amechi printed this work from manuscripts with many notes. In 2004 Ahavat Sholom printed this work again based on even more manuscripts. They also included other articles of his printed elsewhere related to Tefilah. The main thing worth noting is that this is a very special work related to Tefilah.
p. 179 on the well-known reason why during the week we say Magdil and on Shabbat we say Migdol, see: Shut Lev Shlomo, Siman 23; Noam Megidim, p. 13b; R. Reuven Margolios, Haggadah Shel Pesach p. 60; Y. Speigel, Yeshurun 6, 1999, pp. 759-762.
p. 189: A wealth of sources on the topic worthy of mention, regarding adding Zachrenu Lechaim during Aseret Yemei Teshuvah can be found in R. Dovid Zvi Rothstein, Sefer Torah Menukod, in Kovetz Ohel Sarah Leah, 1999, pp.632-771. See also the important article on this from U. Fuchs, Tarbitz 75 (2006), pp. 129-154.