The Book of Disputes between East and West

The Book of Disputes between East
and West
 
or 
A Treasury of Alternate Customs from the Land of Israel and from Babylon 
Translated and Annotated by Leor Jacobi 
Based primarily on the Margulies Edition
with additions from the Appendices of the Miller and Lewin Editions

Menahem Av, 5772
Jerusalem
After the translation of the text itself, various
additional items are added, some of them never before published. Also included
is a translated summary of major sections of Margaliot’s introduction, along
with comments and updates.
Round brackets reflect text found in only certain
Hebrew manuscripts as indicated by Margulies in his
Hebrew edition
.
Square brackets contain English insertions of this
translator.
1.                   
People of the East sit while reading the Sh’ma. The
residents of the Land of Israel stand.
2.                   
People of the East do not mourn for a baby [who has died]
unless he has reached 30 days [of life]. The residents of the Land of Israel
[mourn] even if he is only a day old. (He is like a fully-grown groom
[=man]) 
3.                   
People of the East will allow a nursing mother to marry within
twenty-four months of the death of her baby. Residents of the Land of Israel
require her to wait twenty-four months, lest she come to kill her son.
4.                   
People of the East redeem the
firstborn with twenty-eight (and a half) royal pieces of silver. Residents of
the Land of Israel use five shekels, which are equivalent to seven (and a
third) royal pieces of silver.
5.     
 People of the East exempt a mourner [from observing laws and
customs of mourning, if the relation expired just] before a festival, even a
moment [before]. Residents of the Land of Israel only exempt a mourner from the
decree of seven days [of mourning] if at least three days have elapsed before
the festival.
6.                   
People of the East forbid a bride
from [having relations with] her husband for the full seven [days] for she is
considered to be a menstruating as a result of the relations. The residents of
the Land of Israel (say) that since his removing of her hymen is painful [it is
an external wound and] she is permitted immediately.
7.                   
The marriage contract of the
People of the East consists of twenty-five pieces of silver (and their dowry).
The residents of the Land of Israel (say) that anyone who [obligates himself]
to less than two hundred for a maiden or one hundred for a widow, is effecting
a promiscuous relationship.
8.                   
People of the East permit [the
use of] an oven (during Passover), based on the source: “[We may] roll the
Passover [lamb] in the oven at sundown.” (Mishnah Shabbat 1:11) Residents of
the Land of Israel (say): “Disregard the Passover [lamb] since it is a
sacrifice, and we [even] desecrate the Sabbath on account of it.”
9.                   
People of the East do not wash [=
ritual immersion] after experiencing a seminal emission or after relations
(since they reason that “we are in an impure land”). Residents of the Land of
Israel (do wash after a seminal emission or relations, and) even on the Day of
Atonement (for they maintain that those who have seen emissions should wash in
secret on the Sabbath and on the Day of Atonement) as a matter of course,
[which they learn] from the example of Rabbi Yosi bar Halafta, who was seen
immersing himself on the Day of Atonement.
10.               
People of the East permit gentile
butter [alternatively: cheese], (saying) that it cannot become impure.
Residents of the Land of Israel forbid it on account of (three things: because
of) milk which was expressed by a gentile (without a Jew observing him, because
of gentile cooking) and because of impure fat (which it might be mixed
with).
11.               
People of the East say that a
menstruating woman may perform all types of household duties except for three
things: mixing drinks, making the bed, and washing his face, hands, and legs.
According to the residents of the land of Israel, she may not touch anything
moist or household utensils. Only reluctantly was she permitted to even nurse
her child.
12.               
People of the East do not say
recite eulogies [alternatively: the prayer “tsidduk ha-din”] in
the presence of the dead (during the in-between days of the festival).
Residents of the Land of Israel do recite these before him.
13.               
People of the East do not rip up
a divorce contract. Residents of the Land of Israel rip it up. [Acc. to Lewin,
this may have originally referred to whether a mourner rips his garment during
the intermediate days of a festival.]
14.               
People of the East have mourners
come to the synagogue each day. Residents of the Land of Israel do not allow
him to enter, with the sole exception of the Sabbath.
15.               
People of the East do not clean
their posteriors with water. Residents of the Land of Israel do cleanse
themselves [with water], (based on the source:) A generation which considers
itself pure … [but has not cleaned itself from its excrement.] (Proverbs
30:12)
16.               
People of the East [permit one
to] weigh meat on intermediate days of the festival. Residents of the Land of
Israel forbid hanging it on a scale, even just to keep it away from rodents,
(based on the source: “One may not operate a scale at all.” – Mishna Beitza 6,
3) 
17.               
People of the East circumcise
[babies] over water and then dab [the water] onto their faces, (from here: “and
I will wash you with water, [rinse your blood off of you, and anoint you with
oil]” – Ezekiel 16:9)  Residents of the
Land of Israel circumcise over dust, from here: “Also, due to the blood of your
covenant have I sent your prisoners free from a pit with no water in it.”
(Zechariah 9:11)
18.               
People of the East (only) check
the lungs. Residents of the Land of Israel (check) eighteen types of disqualifications.
19.               
People of the East only recite a
blessing [= grace
after meals] over [a cup of] diluted wine.
Residents of the Land of Israel (will recite a blessing) when it is fully
potent.
20.               
When thurmusin [beans] and
tree-fruit are served to People of the East simultaneously, they recite the
blessing for fruit of the tree and set aside the beans. Residents of the Land
of Israel recite a blessing on the thurmusin, since everything is
included in “[the fruits of] the earth.” 
21.               
On the Sabbath, people of the
East break bread on two loaves, for they expound: “a double portion of bread”
(Exodous 16:21) [which fell on the Eve of the Sabbath]. Residents of the Land
of Israel break bread exclusively on a single loaf, so that the [lesser] honor
of the Eve of the Sabbath will not intrude upon [the honor of] the Sabbath. 
22.               
People of the East spread their
hands [= recite the priestly blessing] during fasts and on the on the ninth of
Av as part of the evening benedictions. Residents of the Land of Israel only
spread their hands during the morning services, with the sole exception of the
Day of Atonement. 
23.               
People of the East will not
slaughter a newly-born animal until the eighth day. Residents of the Land of
Israel will slaughter even a newborn, for [they maintain that] the prohibition
of the eighth day applies only to sacrifices.
24.               
People of the East do mention the
word mazon [=nourishment] in the blessings of grace after dining.
Residents of the Land of Israel consider mazon to be [the] central
[component of the blessings] (for everything else is peripheral to mazon]. 
25.               
A ring does not sanctify marriage
according to people of the East. Residents of the Land of Israel consider it
[sufficient to] fully sanctify a marriage. 
26.               
People of the East individually
redeem the second tithe and the planting of the fourth year. Residents of the
Land of Israel only redeem them in [the presence of] three [men]. 
27.               
The divorce contracts of people
of the East contain two ten-letter words [‘dytyhwyyyn’ and ‘ditibyyyn’]. Those of the residents of the Land of Israel contain
three ten-letter words [the third is not known].
28.               
People of the East bless the
[bride and] groom with seven blessing. Residents of the Land of Israel recite
three [blessings, which have been forgotten].
29.               
According to people of the East,
the prayer leader recites the priestly blessing (before the congregation) [in
the absence of Kohanim]. Residents of the Land of Israel do not (allow the
prayer leader to recite the priestly blessing, for they expound [from the
verse]: “So they shall put my name” (Numbers 6:27) that it is strictly
forbidden for anyone to “put” the holy name), unless they are Kohanim. 
30.               
People of the East forbid bread
baked by a gentile, but will consume gentile bread if a Jew threw a piece of
wood into the fire. Residents of the Land of Israel forbid it (even with the
wood, for the wood neither forbids nor permits. When are they lenient? In cases
when there is nothing [else] to eat, and already a day or two have passed
without consuming anything. It was thus permitted to revive his soul so that
his soul should be maintained, but only from a [gentile] baker who has never
brought meat into his bakery, even though it considered a [separate] cooked
dish.) 
31.               
People of the East carry coins
from place to place on the Sabbath. Residents of the Land of Israel (say) that
it is forbidden to even touch them. Why? Because all types of work are done
with them.
32.               
People of the East recite: “meqadesh
ha-shabbat,”
[who sanctifies the Sabbath]. Residents of the Land of Israel
recite: “meqadesh Yisrael v’yom ha-shabbat” [who sanctifies Israel and
the Sabbath day].
33.               
Among people of the East, a
disciple does not greet his master with: “shalom”. Among residents of
the Land of Israel a disciple greets his master [by saying]: “shalom
unto you, rabbi.” 
34.               
According to People of the East,
if a yevama [=a woman automatically betrothed to the brother of her
deceased husband] should marry [another man] without halitza [=a legal
procedure which frees her from this betrothal] and her yavam [=the
brother] should return from overseas, he performs the halitza (to her)
and she remains with her (second) husband. Residents of the Land of Israel
remove [=forbid] her from both of them. 
35.               
People of the East exempt a yevama
from halitza [only] once the baby is thirty days old. According to
residents of the Land of Israel, even if only the head and most of the body
emerged alive, and even for only a moment (before the father died), she is
fully exempt from halitza and from yivum [and may remarry
freely], (for they expound: “If he has left seed, she is exempt.”) 
36.               
People of the East turn their
faces (towards the congregation) and their backs towards the aron
[=closet containing the Torah scroll]. Residents of the Land of Israel [are
positioned with] their faces towards the aron.
37.               
According to people of the East,
one [scribe] writes the divorce contract and another signs along with the
writer. Among residents of the Land of Israel, one writes and two [others]
sign.
38.               
People of the East marry the
[bride and] groom on Thursday. Residents of the Land of Israel [marry] on
Wednesday, (according to the law: “a maiden marries on Wednesday.” – Mishnah
Ketubot 1:1)
39.               
People of the East perform labors
on the intermediate days of the festivals. Residents of the Land of Israel do
not do them at all. Rather, they eat and drink and exert their [energies in
learning] Torah, (for the sages have taught that: “it is forbidden to perform
labors on the intermediate days of the festivals.”) 
40.               
People of the East begin [the
initial act of] intercourse with genital insertion in the natural manner.
Residents of the Land of Israel use a finger [to break the hymen and enable
conception through the first act of intercourse. Alternatively, to verify
virginity.] 
41.               
People of the East observe two
festival days. Residents of the Land of Israel observe one, (as per the
commandment of the Torah.) 
42.               
People of the East forbid the
Kohanim from blessing the congregation if they have long, unkempt hair.
[Alternatively: with their heads uncovered]. Among residents of the Land of
Israel Kohanim do () [in fact bless the congregation with long, unkempt hair.] 
43.               
People of the East whisper the
eighteen benedictions while praying. Residents of the Land of Israel [pray] out
loud, in order that people should become familiar with them. 
44.               
People of the East count the Omer
only at night. Residents of the Land of Israel count during the day and at
night. 
45.               
People of the East circumcise
with a razor. Residents of the Land of Israel use a knife. 
46.               
(People of the East mix a remedy
for circumcision from donkey dung and cumin. The residents of the Land of
Israel do not do this.) 
47.               
According to people of the East,
the prayer leader and the congregation read the weekly [Torah] portion [of the
annual cycle] together. Among residents of the Land of Israel, the congregation
reads the weekly portion and the prayer leader [reads] the weekly [triennial]
orders.
48.               
People of the East celebrate Simhat
Torah
[the festival of the completion of the Pentateuch] every year.
Residents of the Land of Israel celebrate it once every three-and-a-half years.
49.               
People of the East bless the
Torah while it is being [re-]inserted [into the Aron]. Residents of the
Land of Israel bless both while it is being inserted and while being removed,
(according to scripture and law, as per the verse: “and upon its opening the
entire nation stood.” – Nehemia 8:5)
50.               
(According to people of the East,
a Kohen may not bless the congregation until he has married. Residents of the
Land of Israel [allow him to] bless even before he has married a woman.)
51.               
People of the East do not carry a
palm branch [when the first day of the festival of Tabernacles falls] on the
Sabbath. Rather they take a myrtle branch. Residents of the Land of Israel
(carry both the palm and the myrtle on the first day of the festival which
falls on the Sabbath, according to the verse:) “And you should take for
yourselves” (Leviticus 23:40) [which is expounded to include:] “on the
Sabbath.” (Bavli Sukkah 43a) 
52.               
(Residents of the Land of Israel
permit the consumption of daytra fats. Residents of Babylon forbid it.) 
53.               
People of the East permit [the
consumption of] broad beans which a gentile has boiled, and also locusts.
Residents of the Land of Israel forbid it, (since they mix their boiled meat
with their boiled fruits [= produce].)
54.               
People of the East do not blow
sirens before the onset of the Sabbath. Residents of the Land of Israel sound
three sirens. 
55.               
According to people of the East,
Kohanim lift their hands [to bless the people] three times on the Day of
Atonement. Residents of the Land of Israel [bless] four times on that day: shaharit,
musaf, minha, and neila.
 
56.               
(*). Residents of Babylon permit
[the consumption of] milk [from a cow] which a gentile has milked, [even]
without a Jew having watched him, provided that there are no unclean animals in
his flock. Residents of the Land of Israel forbid its’ consumption. (This item
is found in only one manuscript. Thus, Margulies doubts whether it is included
in the original collection; however, he maintains that it is historically authentic
and thus included it in the commentary section.)
Margulies’ running commentary has not been translated.
[Translator’s note on additional items:
There are four different types of items and it is
important to distinguish between them.
A. Items which appear in multiple versions of the Geonic
list collections, the main body of the present work.
B. Items which appear to have been added to certain
manuscript versions of the list after its “publication,” during the Geonic
period or shortly thereafter. This includes items 46, 50, and 56, and possibly
others. Since they may actually be remnants of the original list and do appear
in the manuscripts, Margulies and Lewin did include them in attempting to
produce a critical version of this text itself. [Elkin’s 1998 Tarbiz article
hints that the original work may have been smaller than Margulies supposed and
hence more of the text translated above would fall into this category.]
C. Items which are culled from external Geonic literature
and provide direct testimonial evidence for the historical validity of these
distinctions. They could conceivably have been included in the original list,
but for one reason or another were not. This describes Lewin’s additions, and
the first section of Miller’s additions.
D. Items which were deduced from prior Talmudic
literature. Kaftor w’Ferah seems to have pioneered this field, picked up
and extended by Miller and others. It should be noted that these items should
all be evaluated separately, as they do not necessarily constitute testimonial
evidence and rather, in some cases, may be merely theoretical.]
Additional items collected by R. Yoel HaKohen Miller
(1878)
From
Masekhet Sofrim:
56.               
People of the East recite kaddish and borkhu
with ten men. People of the Land of Israel [recite] with seven (10:7)
57.               
 People of the East
respond “Steadfast are you” after the reading of the prophets while sitting.
Residents of the Land of Israel [respond] while standing. (13:10)
58.               
 People of the East
fast before Purim. People of the Land of Israel [fast] after Purim, based on
Nikanor. (17:4, from Tosefta)
59.               
People of the East recite Kedusha each day. People of
the Land of Israel only recite it on the Sabbath and Festival days. (Tosafot
Sanhedrin 37b ad. Loc. Mknp, citing Geonim
Compiled
by Miller from Kaftor w’Ferah of Rabbi Ashtori HaParḥi (Isaac HaKohen ben
Moses, 1280-1366), deduced from talmudic sources:
60.               
People of the East do not ordain judges. People of the Land of
Israel do ordain. (Sanhedrin Chapter 1)
61.               
People of the East conclude [the threefold benediction]: “for
the land and the fruit.” People of the Land of Israel [conclude]: “for the land
and its fruit” (Berakhot, 6th chapter)
62.               
People of the East first plow and then sow seeds. People of
the Land of Israel first sow and then plow. (Sabbath, 7th chapter)
63.               
People of the East do not chase after idol worship [in order
to destroy it]. People of the Land of Israel do chase after it. (Sifre Devarim
Re’eh 61)
64.               
People of the East do not collect fines. People of the Land of
Israel do collect in court. (end of Ketuvot ch. 3…)
65.               
People of the East permit a brown citron [for use among the
four species]. People of the Land of Israel forbid it. (Sukkah, ch. 3)
66.               
People of the East grind with a small mortar on a
festival day. People of the Land of Israel forbid it (Beitza, ch. 1)
67.               
People of the East [formally] begin the meal [and apply its laws]
once the belt has been released. People of the Land of Israel [begin] once the
hands have been washed. (Shabbat, ch. 1)
68.               
People of the East maintain that one who purchases a slave from a
gentile, who does not wish to become circumcised [immediately], may postpone
and continue deliberations up to twelve months. People of the Land of Israel do
not allow any delay lest sanctified food become defiled through contact with
him. (Yevamot 48b)
69.               
People of the East do not transfer bones of the dead from little
caves to small holes in caves [where presumably whole cadavers could not fit,]
in order to bury other dead. People of the Land of Israel do transfer [bones].
(Rav Hai Gaon, as cited by Ramban, in Torat
ha-adam
)
70.               
People of the East first marry and then learn Torah. People of the
Land of Israel learn Torah first and then marry. (Kiddushin 29b)
71.               
People of the East recite nineteen blessings. People of the Land
of Israel recite eighteen blessings. (Rabbenu Yeshaya ha-Zaqen,
RID
, in
his commentary to Ta’anit, cited here)
72.               
People of the East do not mention “dew” during the summer. People
of the Land of Israel do mention it. (PT Ta’anit ch. 1, Berakhot ch. 5)
73.               
People of the East are not concerned with “pairs.” People of the
Land of Israel are concerned. (Pesahim 110) [in all manuscript and printed
versions of the Talmud known to me it appears in reverse and was apparently
copied by mistake here.]
    I would now
like to present some very special additions of Rabbi Benjamin Wolf Singer
(1855-1930). R. Daniel Sperber published a
volume of his hiddushim/novella
. See his biography of the author
here and here. Much more about him later. I hope to devote a future
post to Rabbi Singer and his brother.
      These notes
have never before been published, and were found in the form of his handwritten
notes in the back of his personal copy of Miller’s edition of the work, now
housed in the Bar Ilan University central library. The notes follow the extra
hiluqim of Kaftor v’Ferah, ShIR, and Miller which we have just translated
above. Apparently, they inspired Rabbi Singer to continue their work on the
very same page! His notes look like this:
(Click for large, high-resolution images)

 

What follows is the best I
could do for a transcription. All of the main points are clear, but not all of
the references. Even this I couldn’t have done without a lot of assistance from
my friend R. Yehezkel Druk, who is responsible in no small part for the many
corrections and additions in Moreshet L’Hanhil’s volumes of the new Friedman
Shulhan Arukh.

Hopefully, some of the
readers viewing at home can decipher some more of this. If you can, please
comment! A translation and more follows.
תוספות חלופי מנהגים
של ר’ בנימין זאב זינגער
א. מחלמ”נ [=מחלפי
מנהגים?] דבבבל לא קפדו אטבילת קרי עיין ברכות כ”ב. ובא”י קפדו. ע’ ירושלמי
שם פ”ג ה”ב, תמן נהגין כו’ ע”ש.
ב. בבבל שובתין מתוך
מריעין, שבת לד: מנהג אבותיהן בידיהן. ע”ש.
ג. בבבל קרו הלל בר”ח
ובא”י לא. תענית כח: מנהג אבותיהן בידיהן. ע”ש.
ד. בבבל קרו פרסא עי’
(חולין) פסחים צג: וצ. ולהיפך בא”י קרו רק ד’ מילין. עי’ ירושלמי ברכות פ”א
ה”א ושם נסמן [וירושלמי שבת סוף פרק קמא עד ד’ מיל ועיין יומא כ:] ואותה ?הכחיי?
עצמה דרבי יהודה דאיתא בפסחים פרסא היא בירושלמי במילין. והא דבחולין קכב: עד ד’ מיל
דאמר בשם רבי ינאי ורשל”ק [ריש לקיש] בני ארץ ישראל. ועי’ ברכות טו ע”א [אבל
לאחוריה אפילו מיל אינו חוזר [ומינה] מיל הוא דאינו חוזר הא פחות ממיל חוזר] סוטה
מו: [וכמה א”ר ששת עד פרסה ולא אמרן אלא רבו שאינו מובהק אבל רבו מובהק שלשה
פרסאות] סנה’ ה: [ותניא תלמיד אל יורה הלכה במקום רבו אלא אם כן היה רחוק ממנו שלש
פרסאות כנגד מחנה ישראל] סוכה מד: [אמר אייבו משום רבי אלעזר בר צדוק אל יהלך אדם
בערבי שבתות יותר משלש פרסאות] ושם נראה דראב”ץ [=רבי אלעזר בר צדוק] בבלי
היה מדאמר בלשון פרסי ועי’ תו'[ספתא] ב”ק פ”ח מ”ט [אין פורסין
נשבין ליונין אלא אם כן היה רחוק מן היישוב שלשים ריס]  ל’ ריס (והיינו ד’ פרסי) ועי’ נדה כד: תניא אבא שאול אומר ואי תימא
רבי יוחנן כו’ ורצתי אחריו ג’ פרסאות
ה. לדעת בני א”י
ד’ מפתחות ביד הקב”ו ולדעת הבבלי ג’ עיין ריש תענית ומאיר עיני חכמים דף מב: וכיוצא
בזה ברכו’ ג’ ע”ב רבי אומר ד’ משמרות רבי נתן ג’ ונראה שבא”י קיימו מספר
ד’ ובבל ג’
ו. ירושלמי פ”ק
דראש השנה תמן חשן [תמן חשין לצומא רבה תרין יומין]  ? יומא רבה ב’ יומי’ ועי’ סה”ד [סוף הלכה ד’] שאבוה… בשמת ע”י
זה [פני משה מסכת ראש השנה פרק א: “תמן חשין לצומא רבא תרין יומין. בבבל היו
אנשים שחששו לעשות מספק ב’ ימים יה”כ ולהתענות ואמר להן רב חסדא למה לכם
להכניס עצמיכם למספק הזה שתוכלו להסתכן מחמת כך הלא חזקה היא שאין הב”ד
מתעצלין בו מלשלוח שלוחים להודיע לכל הגולה אם עיברו אלול ואם אין שלוחין באין
תסמכו על הרוב שאין אלול מעובר. ומייתי להאי עובדא דאבוה דר’ שמואל בר רב יצחק
והוא רב יצחק גופיה שחשש ע”ע וצם תרין יומין ואפסק כרוכה ודמיך. כשהפסיק מן
התענית ורצה לכרוך ולאכול נתחלש ונפטר. ועל שהכניס עצמו לסכנה מספק לא הזכירו שמו
להדיא ואמרו אבוה דר’ שמואל בר רב יצחק”.]
ז. ירושלמי ברכות פ”ב
ה”א כך אינון (בבלאי) נהגין גביהון זעירא לא שאל בשלמיה דרבה
ח. עי’ ירושלמי סוכה
פ”ד ה”א ושביעית פ”א ה”ז ועיין שם פ”ד ה”א או’ רבי
יוחנן לרבי חייה בר בא בבלייא תרין מילין סלקון בידיכון מפשיטותא דתעניתא וערובתא
דיומא שביעייא. ורבנן דקיסרין אמרין אף הדא מקזתה ועי’ בבלי סוכה מד. ??
ט. יוסף בבבלי יוסי
בירושלמי עי’ ?יבמות? קג ע”א
7. ברכות פ”ח ה”א
ירו’ אמר אר”י ב”ר נהיגין תמן במקום שאין יין ש”צ עובר לפני התיבה
ואומר ברכה אחת מעין שבע וחותם במקדש ישראל ואת יום השבת. ועי’ ?רא”ש? ?? י”ב
שלא מצאנו כן בבבלי
8. עיין ברכות נ. בבבל
נהגי כרבי ישמעאל ברכו א”ה המבורך – וירושלמי פ”ז דברכות ה”ד [נדצ”ל:
ה”ג] נראה דבא”י כר”ע

9. ירושלמי ברכות פ”ז
ה”ד [נדצ”ל: ה”ג] נראה דבא”י כשקראו כהן במקום לוי לא בירך
שנית ובבבל מברך. עיין שם. תוס’ גיטין נט: [ד”ה כי קאמרינן באותו כהן, והשווה
תוספת לוין סו’ י”ג וי”ד]
10. פסחים
נו: בענין ברוך שכמל”ו [שם כבוד מלכותו לעולם ועד] דבא”י אומרין אותו
בקול רם מפני המינין ובנהרדעא בחשאי שאין שם מינין מב.. לר.. גבי ר’ אבהו ב’. [אולי
הכוונה לצטט ויכוח של מין עם ר’ אבהו.]
Here is a loose translation without the references:
  1. In Babylon they were lax regarding the requirement
    for one who experienced seminal emissions [Ba’al Qeri] to immerse
    himself in a mikva. In the Land of Israel they were stringent.
  2. In Babylonia they commence the Sabbath in the midst
    of the blowing of the shofar teru’ah — They retain their fathers’
    practice. (Sabbath 35b)
  3. In Babylon, they read the hallel on the day of
    the New Moon. In the land of Israel they did not (Ta’anit 28b, “They
    retain their fathers’ practice”).
  4. In Babylon [a large unit of length] is referred to as
    a “parsa.” On the other hand, in the land of Israel, it is referred
    to as “four mil.” [miles]
  5. According to the understanding of the sages of the
    Land of Israel there are four keys in the hands of the holy one, blessed
    be he. According to the understanding of the sages of Babylon, there are
    three.
  6. In Babylon there were sages who fasted two Days of
    Atonement due to uncertainty as to on which day the new month begins.
  7. The Babylonians do not greet [rabbinic authorities],
    so Z’eira [respected their custom and] did not greet Rabbah when he
    visited.
  8. Rabbi Yohanan said to Rav Hiyya bar Bo: “The
    Babylonians have brought two [customs] up with them: full prostration on
    the fast days and the taking of the willow on the seventh day [of Sukkot].
    The Rabbis of Caesarea added bloodletting [to the list] as well.
  9. In the Babylonian Talmud we find: “Yosef.” In
    the Jerusalem Talmud: “Yosi.”
  10. (7) “There, in Babylon, when there is no wine, the
    prayer leader descends to the bima and recites the one blessing in
    place of seven and concludes with meqadesh Israel v’et yom hashabbat.”
    However, in the Babylonian Talmud we do not find this.
  11. (8) In Babylon the custom followed Rabbi Ishmael in
    reciting “borkhu et hashem hamevorakh.” It appears that in the Land
    of Israel they followed Rabbi Akiva [instead].
  12. (9) Is seems that in the Land of Israel, when a Kohen
    was called to the Torah reading in the absence of a Levite, he would not
    recite a second blessing. In Babylon he recites the benediction.
  13. (10) In the Land of Israel they recite “Barukh
    shem kavod malkhuto l’olam va’ed”
    out loud because of the heretics. In
    Nehardea they whisper it since there are no heretics there.
As you can see, the numbering switches from Hebrew to
Latin after tet. This is probably because the tet resembles a
six, so he followed it up with seven. Remember, these were just personal notes,
not intended for publication, obviously. Rabbi Singer’s mind was on more
important things, as the erudition of his notes speaks for itself. Anyway, who was Rabbi Singer? We’ll return to that at the end of
this post. Here in the middle of the work there is a citation apparently to a
Yalkut in Parshat VaYeshev, but I can’t make heads or tails of it.

Appendix to
Lewin’s edition. The articles originally appeared in Sinai 10 and 11.

Like
Zinger, Lewin also noted the additional Hiluqim in Miller’s volume and
decided to add more. Instead of adding exclusively from Talmudic sources, Lewin
leaned more on Geonic sources, of which he was the great master.  Some of these additions are quotations, and
some Lewin formulated himself.
1.                   
After completion [of the section from the public reading], the
reader blesses: “Blessed are you … ruler of the world, rock of ages, righteous
of all generations, the steadfast deity …” Then the congregation promptly
rise and say: “Steadfast are you, he, the Lord, our G-d, and steadfast is your
word. Steadfast, living, and lasting is your name and it’s utterance. Always
will you rule over us forever and ever.” This is one of the disputes between
the sons of the East and the sons of the West, for the sons of the East respond
while sitting whereas the sons of the West [respond] while standing.
2.                   
In Zoan, Egypt, which is called Fustat [today part of old
Cairo], there are two synagogues: one for the people of the Land of Israel, the
al-Shamiyin congregation [=the “Yerushalmi”, this name is
still used today to refer to a Jewish Yemenite branch] (It is named after
Elijah, of blessed memory [?, see below]). The other is the congregation of the
people of Babylon, the al-Iraqiyn congregation. They do not observe the
same customs. (Selections from Yosef Sambari, Seder HaHakhamim, Neubauer
I, p. 118. On page 137 it states that the congregational synagogue then still
in use was built before the destruction of the second temple in Jerusalem.)
One, (the people of the Land of Israel) stands during kedusha, while the
other, (that of the residents of Babylon) sit during kedusha. (Rabbi Avraham
ben HaGra, Maspiq l’ovdei hashem. In
the 1989 edition published by Nissim Dana, page 180,
the opinions appear in
reverse order)
3.                   
It is written in the responsa of the Geonim that the residents
of the Land of Israel recite kedusha only on the Sabbath, since it is written
[in Isaiah 6:2] that the Hayot have six wings. Each wing sings praises
corresponding to the days of the week. When the Sabbath arrives, the Hayot say
to the holy one, blessed be he: “We do not have another wing!” He replies to
them: “I have another wing which sings praises to me, as in (Isaiah 24:16):
“From the end [literally: wing] of the world we have heard song.” (Tosafot
Sanhedrin 37b, ad. loc. Mikanap, Miller 59)
4.                   
We do not recite kadish or borkhu with
any less than ten [men]. Our sages in the west recite it [in the presence] of
[even] seven [men]. They explain themselves according to the verse: “bifroa
p’raot …
” (Judges 5:2) according to the number of words [in the verse = seven.
See also verse 5:9.] Some recite it with even six [men] since [the word] borkhu
is the sixth [word in the verse]. (Some base this opinion on Psalms 68:27,
which contains six words – Avudraham)
5.                   
R.
Joseph said: How fine was the statement which was brought by R. Samuel b. Judah
when he reported that in the West [Israel] they say [in the evening], “Speak
unto the children of Israel and thou shalt say unto them, I am the Lord your
God, True.” (Berakhot 14b, Soncino translation). Still now, several cities [alternatively:
regions] in the Land of Israel observe this custon in the evening. They reason
that shema and v’haya im shamoa, [the first two paragraphs], are
observed both day and night, whereas va’yomer is only observed during
the day [as per Mishna Berakhot 2:2]. (Hilkhot Gedolot 1, Hilkhot Berakhot 2,
p. 37, second Hildesheimer edition)
6.                   
The
sages of the Land of Israel behave as follows: they recite the evening prayers
and later they read the Shema in its proper time. They are not concerned
about connecting [the blessing ending with] geula to the evening
prayers. (Sha’arei Teshuva 76, See Otzar HaGeonim for a list of numerous
rishonim and collections who cite this responsum.)
7.                   
Conserving
a festival which begins after the Sabbath, it is still maintained in the Land
of Israel that a fourth blessing is recited separately… but as for us, Rab
and Samuel instituted for us a precious pearl in Babylon: “Just judgements and
true Torah.” (attributed to Rav Hai Gaon, Otzar HaGeonim Berakhot, Perushim p.
46)
8.                   
On
the final day of the festival miṣwot
u’ḥuqim
and bekhor are read (Megilah 31a, acc. to mss.
Munich and rishonim). Rav Hai Gaon explains this passage as a mnemonic sign: 1.
There are those who read “for this miwa” (Deut. 30:11) and this is
still read in the Land of Israel. 2. There are those who read from “im be’ḥuqotai
until “qomemiut.” (Lev. 26:3-13) 3. There are those who read: “kol
ha’bekhor
” (Deut 15:19). We read “kol ha’bekhor.” (various
sources, Otzar HaGeonim Megillah, p. 62, no. 230)
9.                   
Upon
the conclusion of the Day of Atonement, residents of the Land of Israel blow qashraq
[=tashrat, a serious of various tones]. Residents of Babylon only
sound one plain blow in remembrance of the jubilee. [From here until the end,
Lewin composed most of the statements himself based on the sources he
provides.]
10.               
The
three fast days – Ta’anit Esther – are not observed consecutively, but
rather, separately: Monday, Thursday, and Monday. Our sages in the Land of
Israel were accustomed to fast after the days of Purim, on account of Nicanor
and his company. Also, we delay [unpleasant] payment and do not predicate it.
(Masekhet Sofrim 17)
11.               
Residents
of the Land of Israel would not actually fully prostrate themselves on fast
days. Residents of Babylon would actually fully prostrate themselves.
12.               
Residents
of the Land of Israel did not read Hallel at all on the day of the New
Moon. Residents of Babylon read it while skipping sections [an abbreviated
version].
13.               
Among
residents of the Land of Israel, the first reader from the Torah recites the
beginning blessing, and the last reader recites the final blessing. According
to the residents of Babylonian, each and every reader blesses before and after
the reading, since [members of the congregation may be] coming and going
[during the readings and thus miss one or the other].
14.               
In
the absence of a Levite, residents of the Land of Israel would call a second
Kohen to read from the Torah in his place. Residents of Babylon would call up
the very same Kohen again who just read the first portion.
15.               
Residents
of the Land of Israel permitted writing [Torah] scrolls on the skins of pure
animals even if they were not slaughtered according to specifications of
dietary laws. Residents of Babylon forbade this since they were not
slaughtered.
Translated summary of selected sections of Margaliot’s
introduction
Margulies’ Table of Contents
[The entire Table of Contents of Margulies has been
translated. However, only a summary of chapter 2 and the text of the original
work itself have been translated here.]
Chapter 1
Relations between Babylon and the Land of Israel from the
close of the Talmudic period until the close of the Geonic period
1.                   
The end of the Talmudic Period
2.                   
The Geonic period
3.                   
Attitudes towards divergent
customs until the Geonic period
4.                   
Attitudes of Babylonian Geonim to
the customs of the Land of Israel
Chapter 2
The Book of Disputes between East and West, the nature of
the work and its use by Rabbinic and Karaite Jews.
1.                   
The name of the work
2.                   
The author, his period, and
locale
3.                   
Purpose of the work
4.                   
Characteristics and scope of the
book
5.                   
Language and sources
6.                   
Legal sources and historical
development of the disputes
7.                   
Use of the book by Geonim
8.                   
Use of the book by Rabbinic legal
authorities
9.                   
Use of the book by Karaites
10.               
Scholars who have studied the
work
Chapter 3
Textual sources of
the Book of Disputes, Printed Editions and Manuscripts
1.                   
Text versions, families and
formation
2.                   
The first group
3.                   
The second group
4.                   
The third group
5.                   
This edition’s presentation and
stemmatic diagram of source       relationships
6.                   
The varying order of the disputes
in all of the versions
7.                   
The text
Presentation of the actual text with variant apparatus
Sources, History, and Development of the Disputes
[Systematic Commentary]
Chapter 1 is a general introduction to the context of the
work and is not translated at this time
Chapter 2 Summarized in translation
1.                   
The name of the work
The work appears in numerous manuscript versions and
cited by various Rishonim. Virtually every single one has a different title for
the work – all variations on the same descriptive theme. [Both the variation in
titles and the descriptive nature suggest that the work may have been not only
anonymous, but also untitled. It was simply a list drawn up by a sage, copied
and possibly added to.]
The majority of sources contain a variation of the root ḥlq
in the title, including the
first printed edition
(1616, starts at middle of page)
included at the end of Bava Kamma in Yam shel Shelomo, by the
great Ashkenazi sage Rabbi
Solomon Luria, better known as
Maharshal (1510-1573).

I don’t know who decided to include the work in
Maharshal’s edition, it led some to believe that the Maharshal himself
collected it, a point justly disputed by Rav Avraham ben HaGra [see below].
Margulies is perplexed as to why Miller chose a title
based on the root ḥlp, which only appears in a few secondary sources like
Ravya, Rosh, and Tur.
[Lewin also followed Miller on this point. It seems that
the selection of this root was designed to minimize the controversial nature of
the work. As Lewin stresses in his introduction, this is a work of divergent
customs, not disputes regarding actual Torah law. The reader can evaluate both
titles, which have themselves both been translated here as “alternates”. In
this writer’s opinion, both of the roots may be “alternate” variations of one
original word (probably from the root ḥlq) as the letters peh
and qof are graphically similar. A supporting example of variation
between these very same words is found in The Epistle of Rav Sherira Gaon in
the “French” manuscript branch. See Lewin’s
edition, page 22,
left column, note 19.  There you will find a manuscript with
precisely such an alternate reading.
Also of note is that certain Islamic literature which
records divergent legal opinions is referred to as kḥilaf. See
here
, beginning of intro. On the other hand, an 11th
century Karaite work is entitled Ḥilluq ha-qara’im we-ha-rabbanim]
2. The author, his period, and locale
The author is anonymous, and we have no clue as to his
identity.
The first serious recorded attempt to date the work is by
Rabbi
Abraham ben Elijah of Vilna
, the son of the famous GRA, in
his work Rav
P’alim, p. 126
. He was uncertain as to whether
the work was authored by amoraim or in a later period. [His chief concern here
is disproving the erroneous theory that the Maharshal himself collected
the work from various rabbinic sources.] Miller was able to hone in closer,
from the savoraim at the close of the Talmudic period to the beginning
of the Geonic period. Margulies provides considerable evidence that the work
was composed around the year 700. That is, after the Arab conquest and before Rav Yehudai Gaon.

According to Miller, our author was a native of the Land of Israel and familiar
with Babylonian customs through travel to Babylon. Western Aramaic and Western Hebrew forms abound. In fact, the very
composition in Hebrew suggests composition in the land of Israel, the language
of the “Minor”
Talmudic tractates
produced there during the Geonic
period, as well as Hebrew translations of Eastern Aramaic Babylonian Geonic works themselves. Margulies points out
that since Miller’s publication, new evidence has emerged from the Cairo geniza
which shows that after the Arab conquest, Babylonian Jews migrated to the Land
of Israel and formed their own separate congregations in Tiberias, Ramla, and Mivtzar Dan (Panias-Banias), with the most likely speculative location for our
author being Tiberias, which was a native Torah center that may have already
boasted a Babylonian community during the Talmudic period.
3. Purpose of the work
According to Miller, the work was designed to oppose the
Babylonian side in the dispute between the two great Torah centers. He points
out that many more explanations are offered in support of the
“Yerushalmi” side than the Babylonian. Later, Miller appears to
backtrack and seems to conclude that the work is simply meant to impartially
catalog the various discrepancies.

Margulies accepts the claims regarding the basic “Yerushalmi”
orientation, but understands the purpose more subtly. Rather than taking a
confrontational stance, the work merely seeks to explain and rationalize the
local customs and decisions to the new Babylonian immigrants who were not aware
or respectful of the locals. No attempt is made per se to reject the validity
of the Babylonian customs themselves and at times the author troubles himself
to explain them only.
          4. Characteristics and scope of
the book


The items in the work are haphazardly arranged with only occasional grouping according to topic. It is nowhere near complete
in cataloging all of the items of dispute. According to Miller, the complete
version of the work has not yet been transmitted to us. [This understanding may
underly many efforts to expand on this list, discussed in the Appendix.]
Margulies disagrees, on the basis of the numerous manuscript examples at his
disposal. According to him, the author never meant to compile an exhaustive
list.
          5. Language and sources
It has already been pointed out that the work was
composed in “Yerushalmi” Hebrew. A list of words and phrases is
provided by Margulies along with parallel examples from Talmudic and Geonic
“Yerushalmi” literature. He supposes that many more parallels would
be found in halakhic works from the period and region which are no longer
extant.
[This section is of
considerable philological interest especially regarding Geonic material in
Hebrew which may be of uncertain provenance.]
          6. Legal sources and historical
development of the disputes

          Most of the items can be
documented partially in other Talmudic and Geonic literature. As would be
expected, there is a high level of correspondence between the
“Yerushalmi” side and the Jerusalem Talmud; also, between the
Babylonian side and the Babylonian Talmud.
Most of the items appear to predate the collection and stem from the Talmudic period, many probably earlier, from the  Tannaitic period.
In some cases, a Tannaitic dispute may have been
transmitted unresolved to both regions and eventually decided differently in
each locale in a purely internal manner. Conversely, sometimes entirely
external factors may drive the discrepancies in later periods as well.
Of special interest is following the disputes from the
Geonic period until the end of the period of the Rishomin signified by the publication of the Shulhan Arukh. In
general, the Babylonian side prevailed as their hegemony increased, but in a
number of cases, the position native to the Land of Israel in fact dominated,
especially when it did not contradict any explicit statements in the Babylonian
Talmud. This tradition was especially strong in Tsarfat and Ashkenaz (France
and Germany) as opposed to Sepharad (Spain), which historically remained tied
to the Babylonian Geonim. The influence of the Land of Israel side is
especially noticed in the house of study of the great Rashi and his students (items 2, 3, 6, 7, 10, 13, 14, 18, 19, 25, and more).
The period following the publication of the Shulhan Arukh is not discussed systematically in Margulies’ commentary
since to a large extent geographic boundaries were erased by the free transfer
of books from one region to another and a great amount of cross-fertilization
occurred. Nevertheless, it is noted that a number of disputes remain with us to
this very day between Ashkenazi and Sepharadi communities.
          7. Use of the book by Geonim
In Babylonian Geonic responsa literature, a number of
disputes are addressed, but apparently not through direct exposure to the work.
It is more likely that the inquirers from the Land of Israel or North Africa
might have been motivated in their queries by exposure to concepts from the
work.
However, the later European collections of Geonic material did see fit to
gather material from this work into their nets. The collection known as Sha’are Tsedeq includes no fewer than eleven items culled from the
disputes.
In a few cases, items from the collection are attributed
to Babylonain Geonim themselves, but it is difficult to rely on any of these
attributions and most were clearly added by the later compiler.
          8. Use of the book
by Rabbinic legal authorities

Many of the great authorities were most probably unaware of the work as they
never cite it or it’s contents. Others who do cite it generally cite only
sections known to them through second or third-hand rabbinic sources.

Geographic location was clearly a major factor. In France and Provence use was
much more pronounced than in Spain. The work seems to have reached different
locations at different times. By the 14th century the work seems to
have been lost for the most part, as only citations from by previous
authorities are ever quoted.
One reason for the neglect of this work may have been
it’s brevity. [For example, the usual explanation for the grouping of the
twelve prophets in one scroll, and today in one volume, is so that the small
books would not become lost.] However, a more compelling reason appears to be
the negative impression that the work made on certain authorities, most
notably, Nahmanides, Ramban (Avodah Zara 35b). It was (correctly) perceived
that the work contains material which contradicts the Babylonian Talmud,
already considered supremely authoritative. Methods of study which stressed a
proper historical understanding of all legal points of view would become common
in rabbinic circles well before the modern period, but at the time they were
not yet developed. If an opinion could not be utilized for determining the
halakha, it was not deemed worthy of further inquiry. Nahmanides is the only
early Spanish sage who even mentions the work, so it is not at all surprising
that he considers it outside the pale of legal precedent.

Possibly, the Spanish Sages resisted the work as a result of the utility that
Karaites received from it and quoted from it. They may have suspected the work
of being a Karaite forgery.

In contrast, early Provencal authorities made ample use of the work. They
include: Rabbi Abraham ben Isaac of Narbonne (Eshkol), Rabbi Isaac ben
Abba Mari of Marseilles (Ittur), and Rabbi Abraham ben Nathan of Lunel (Manhig).
The textual versions cited by the Provencal sages are similar to those
found in the Geonic Responsa collections which appear to be most original.

Ashkenazi sages also utilized the work widely, but the stylized textual
citations indicate that they were generally quoting secondary and tertiary
rabbinic sources rather than the work directly. The sages include: Rabbi
Eliezer bar Nathan of Mainz (Ra’avan, Even Ha-Ezer), Ravya, Tosafot, Rabbi
Eliezer of Metz (Yereim), Sha’arei Dura, Machzor Vitry.

From the fourteenth century on mention and discussion of the work seems to
virtually disappear. A most notable exception is Rabbi Ashtori HaParḥi (Isaac
HaKohen ben Moses, 1280-1366) in his Kaftor w-Ferah, who traveled from
France to the Land of Israel, on which his work focuses. He cites the work
according to versions not attested to otherwise among French sages.
[Furthermore, he took an interest in expanding upon the principle of the work
as seen in the additions which Miller culled from it. See below after the main
body of the translation.]

Students of the Maharam of Rottenberg, such as Hagahot Maimoniot, Mordechai,
and Rabbenu Asher ben Yehiel (Rosh) mention the work haphazardly.
Other sages who cite the work include Rikanati, Tashbatz, Agur, Or Zarua, and
Shiltei Giborim. None of the early or later sages undertook an
elucidation of the entire work – they left this important work for us to do!
9. Use of the book by Karaites
Karaites took a much keener interest in the disputes than
Rabbanites. This is not at all surprising. The 
Rabbanites claimed to possess an
authoritative Talmudic tradition handed down from the earlier sages. Every
known dispute amongst the Talmudic sages themselves was utilized in order to
argue against these claims. From Beit Hillel and Beit Shammai to disputes
amongst the Babylonian Geonim themselves, the Karaites seized upon the disputes
between East and West eagerly.

The first Karaite sage to quote the work is Jacob Qirqisani (10th century). Since he cites the work in
an overtly apologetic manner (read: missionary), he was wont to exaggerate and
even forge sections of the work. Thus, it goes without saying that his work
cannot be utilized uncritically. Nevertheless, despite this cautionary note,
his early explanations can at times be very useful in understanding the nature
of the disputes themselves.
He explains his interest in the disputes very clearly.
According to him, the disputes between East and West were more extensive than
the disputes between the 
Rabbanites and the Karaites, but nevertheless, claims
of heresy were never leveled and a spirit of tolerance reigned between the
communities. So too, the Karaites should be accepted by the 
Rabbanites . This
stance led him to exaggerate at times the extent of the disputes which were
considered normative. Thus, even though the majority of the disputes concern
extra-legal customs, he would attempt to thrust them into the body of the legal
arena as exemplars of radical opinions. If at times he may have honestly
misunderstood the disputes, in some of them it appears that he was making a
cynical attempt misrepresent them and create confusion to advance his
rhetorical purposes.

One example which stands out is a dispute which Qirqisani appears to have
invented out of whole cloth, an out and our forgery not attested to in any
other versions of the work:
“People of Babylon do not permit one to betrothe a woman
with [the fruit of] the seventh year. People of the Land of Israel permit this.
Therefore, the betrothals of that year in the Land of Israel are not considered
by the Babylonians to effect marriage, and their children are not valid.”

[According to Mordekhai Akiva Friedman (Madaei HaYahadut 31), a maculation of taba’at
to shevi’it resulting from graphic similarity between the letters tet
and shin led item 25 to be misconstrued by Qirqisani in this manner. If
Lewin did not mention this possibility, at the very least, he noticed the
similarities and listed them together in his collection.]
From Qiqisani’s time on, Karaites have continued to
utilize the work in their own disputations with Rabbanites. As we saw earlier,
this may have led to the work’s falling out of favor among Rabbanites in
regions where Karaites were active.
          10. Scholars who have studied
the work

1.                   
Rabbi Abraham
ben Elijah of Vilna
, the son of the  GRA, in Rav
Pe’alim
2.     Dr. P. P. Frankl in Monatscrifft,
1871 (Heft 8), p. 352-363 (available through compactmemory)
3.                   
R. Yoel HaCohen
Miller, 1878
4.                   
A.
H. Weiss
, Dor
Dor v’Dorshav,
Additions to vol. 3, p.
285-
, 1883
5.                   
Rabbi Gershon Hanoch
Leiner, the Admor of Radzin
,
in his commentary to Orchot Hayyim, mentions that he has composed commentaries
on 50 disputes from the work. This has not been published and according to
Margulies may no longer be extant.
6.                   
R.
Yehudah Meshil HaKohen, Kneset
Hokhmei Israel 1, 60

and 91, 1893
7.                   
R.
Ezra Altshuler, Tosefta, 1899. According to Lewin and
Margulies, he plagiarized Miller (3 above) without mentioning him at all, even
copying his printing errors. Someone should do a study on this work and figure
out if the accusations are justified. Both Eliezer Brodt and I suspect that R.
Ezra did, in fact, add plenty of his own material and didn’t see anything wrong
with copying transcriptions from a previous edition. This version of the Hiluqim
has
been republished

with additional notes from the Aderes.
8.                   
R.
Hayyim Stahon, Eretz Hayyim, 1908
9.                   
R.
Ya’akov Shor, Ner
Ma’aravi  in HaMe’asef, 1910
[for a complete listing of
all issues containing this serial column, see Simha Emanuel’s index, entry 98]. These were
reprinted in כתבי וחדושי הגאון רבי יעקב שור זצ”ל.
10.               
R.
Dr. Benjamin Menashe Lewin, Otzar HaGeonim, [Otzar Hiluf Minhagim, 1942. Lewin’s edition was prepared
more or less simultaneously as Margulies’ edition. Forthcoming from R. Yosaif
Mordechai Dubovick

is a study on the various versions of Lewin’s publication.]
11.               
Dr.
Dov Revel, Horev
1,1
.
12.               
[After
over a Jubilee of reliance on the two critical editions of Marulies and Lewin,
without further critical study, Ze’ev Elkin re-opened the field with his
1997 Tarbiz article focusing on the earliest
manuscripts of the work, which are all of Karaite origin. He questioned several
of Margulies conjectures. Elkin later became a member of the Knesset.
13.               
R.
Dr. Uzi Fuchs, Netuim
2003
. An
examination of the Rothschild manuscript and its role in the development of the
various textual variants.]
Hillel Neuman in Ha-Ma’asim 2011 discusses several items from
this related work in passing. This is a new revised version of his 1987
master’s thesis

(Hebrew University).
Chapter 3          Textual
sources of the Book of Disputes, Printed Editions and Manuscripts
[This technical section has not been translated, except
for the last section, the text itself, found at the beginning of this article.
According to Elkin’s 1997 article the textual analysis may be in need of an
update and revision.]
Now that we are finished duscussing the Hiluqim, we can
return to the question about who Rabbi Benjamin Zev Singer was. Rabbi Singer
published Hamadrich, a Talmudic anthology, in collaboration with his brother, Rabbi Abraham Singer
of Varpalota in 1882 and Das Buch der Jubiläen (Die Leptogenesis) in 1898
as “Wilhelm Singer.” Also, Neue Lehrmethode
für den hebräischen Lese- und Sprachunerricht in der ersten Klas
in 1867, with an additional Hebrew subtitle, אור חדש. This is a slim German Sefer Mesores
for learning the Hebrew alphabet, davvening, handwriting, and selected phrases
in Judeo-German.Singer is identified as a hauptschullehrer, a
schoolteacher.
R. Daniel Sperber published a volume of Rabbi Singer’s
novella/hiddushim on Tractate Shabbat in 1986 and included a biography of him:
That biography is incorporated in a list
of his many unpublished Hebrew works
still in
manuscript which are housed in boxes at Bar Ilan. Apparently University of
Toronto houses manuscripts of his writing in German (maybe Hungarian, too, but
he wrote both of his books in German. I noticed that at least one of the items
Singer listed above (four mil) is apparently given fuller treatment in these
manuscripts. Given the sheer quantity of his output, I suspect that many more
items in the list are as well.
On the title page of the book, Singer lists a couple of
learned review articles in German of the Miller volume.  See it here:

One review appears in Graetz’s Monatsschrift,
1879, pp. 87-91 (Heinrich Graetz took over as editor after Zecharias Frankel);
the other is in Brüll’s Jahrbuecher,
vol. 4, pp. 169-173. (Both are available at www.compactmemory.de.)  A couple of
other articles are listed here as well, after the fact. At the top, the
aforementioned 1871 Monatsschrift article of Dr. P. P. Frankl (listed by
Marguleis), p. 357. At the bottom, an additional Brüll Jahrbuecher article
from the first volume of the series, p. 44, where Talmudic customs of the Galil
and Judah are discussed.

It is quite
interesting to see that the Rabbi Singer brothers, the authors of HaMadrich,
featuring haskamot of R. Yitzchak Elchanan Spector, the Netziv, and (over a
hundred!) gedolim, had an openness to modern scholarship which accommodated
Graetz and even Brüll, a reform rabbi who for a time headed the congregation in
Frankfurt opposite R. Shimshon Raphael Hirsch. This openness is also manifest
in the very existence of R. Singer’s volume on the book of Jubilees, Seforim
Hitzoni’im
.
Another point worth
mentioning is that HaMadrich is essentially a collection of chapters to
be learned by beginning and intermediate students all in one volume with an
eclectic running commentary. That work was briefly touched on in
this forum
previously, but it would be more
interesting to explore in greater detail exactly how eclectic it was once we
have a clearer picture of the depth of lomdus and of academic scholarship
displayed by the authors of this first “Artscroll.”
This “openness” of the Singer brothers did not appeal to
everyone. R.
Yehoshua Monsdhein’s article on HaMadrich
details the controversy surrounding the work. It is difficult
to piece together exactly to what extent the opposition was to any change
whatsoever in the education process, and to what extent it was towards
entrusting the enlightened Singer brothers to this task.
If it can be compared
were these haskamot procured (many of them probably after the controversy
already developed!) any more successful than the ones in Rabinowitz’s Dikdukei
Sofrim?
How many lomdim actually learned with HaMadrich? It was only
reprinted once and then again twenty years ago.
Back to the Hiluqim notes, It seems to me
that except for the first Monatsschrift 
review, the additional three references were added in pencil by
another hand, perhaps R. Singer’s brother R. Abraham, who worked closely with
him on HaMadrich.  But probably
not the other way around. I consulted with R.
Yechiel Goldhaber
– he thinks that these notes are
in the same style as the published hiddushim on Shabbat, and that seems quite
reasonable.
Thanks to Lucia
Raspe
for deciphering these journal references, and to Sara
Zfatman
for the assist.
Translator’s
note: Thanks to Avi Kessner for suggesting and sponsoring this project, also
for proofreading and valuable comments. I am indebted to Sander Kolatch and the
Kolatch Foundation for general assistance during the year. Eliezer Brodt
provided several useful references, without which this post would have been
much poorer. The Guetta, Jacobi, and Peled families who continue with their
unfailing support, especially my wife Dana, who makes it all possible. This translation
is dedicated to my father, Nathan ben Tzipporah, in the hope that he should
enjoy a complete and speedy recovery.



A Tale of Two Zionist Siddurim in Exile

A Tale of Two Zionist Siddurim in Exile
Seth (Avi) Kadish

 

Zionist Siddurim and Modern Orthodoxy

Modern Orthodoxy today, in America and throughout the diaspora, is largely a Zionist world. It is, in a sense, the English-speaking wing of Religious Zionism outside of Israel.[1] It is a world of synagogue communities with very close ties to Israel. Most people in Modern Orthodox synagogues have visited Israel, have family and friends who live in Israel, and support Israel. They see Israel as a blessing from God. They say prayers for the State of Israel and the IDF in their synagogues, and many of them celebrate Israel’s Independence Day with public prayers of thanks, including Hallel. At least some of these prayers are included in those siddurim which are designed for Modern Orthodox communities.

In this sense, a Modern Orthodox siddur is a Zionist siddur. But it is also invariably a bilingual siddur. Despite their love of Hebrew-speaking Israel, Modern Orthodox Jews are often uncomfortable with a siddur in Hebrew alone. Therefore, Modern Orthodox siddurim are typically published with introductions, translations, instructions and commentaries which are all in the vernacular. This format is so typical of the Modern Orthodox world that there is a small but competitive industry that produces and markets bilingual Modern Orthodox siddurim, and even a minor literature devoted to reviewing, evaluating and comparing them.

Even a Modern Orthodox Jew who makes ‘aliyah to Israel is likely to continue using a bilingual siddur. In Israel and abroad there is a much larger market for all-Hebrew siddurim, but most of those who prefer an all-Hebrew siddur are not Modern Orthodox Jews. Rather, they are native Israelis or haredim. That is why all-Hebrew, Zionist siddurim are usually published with native Israelis in mind, and sold mainly in Israel.

However, there have been exceptions to this rule. I am aware of two all-Hebrew, Zionist siddurim whose editors were Torah-observant scholars outside of Israel. These two siddurim were published, marketed and sold in pre-Holocaust Europe or in America, even though they contain no translation and their introductions, instructions and commentaries are all in modern Hebrew. The stories of these two siddurim and their editors reveal some important and moving aspects about Zionism since the dawn of the 20th century, including cultural movements and historical events that have largely been forgotten.

The publication of a siddur can reveal the soul of its publisher or point out the condition of communities, because a siddur is not just a prayerbook. Its core blessings and prayers have been the most basic component of oral Hebrew culture for thousands of years, and the same has been true for the siddur as a mass-produced physical book since the invention of printing. In many times and places the siddur was the Hebrew text most familiar to the majority of Jews, sometimes better known than the Bible itself. The two siddurim that we will discuss bear witness to the life of the Hebrew language over the past two centuries. They can help us understand the circumstances under which the Hebrew language has struggled or failed or been snuffed out, or to the contrary, where and when it lived and grew and flourished.

The two siddurim and their respective editors also highlight something fundamental and deeply traditional about Jewish prayer, which goes straight to the roots of the Torah. Namely that, in prayer, the nation of Israel stands before the God of Israel. Yet in order for Israel to stand before its God, it must first be a nation, an ‘am in Hebrew, which shares a language, a homeland and a common fate.[2]

1. Siddur Shirah Ḥadashah, edited by Ḥayyim David Rosenstein (Vilna, 1909)[3]

Siddur Shirah Ḥadashah was first published in Vilna, 1909. It was issued in the two versions that were most important to eastern European Jews, namely Ashkenaz and the hasidic Sefard. It was reprinted a great many times since then, and is still on the market to this very day. 

The text of Siddur Shirah Ḥadashah is laid out with great care, and marked with modern punctuation. It is accompanied by concise instructions in vowelized Hebrew as well as a short commentary on the bottom of the page, also in vowelized Hebrew, which explains difficult words and phrases in the Hebrew prayers. Prayers in Aramaic (such as Berikh Shemeih and Yequm Purkan) are accompanied by translation into Hebrew. Shirah Ḥadashah is an appealing edition of the siddur and a pleasure to browse.

Who published a siddur like this in eastern Europe at the beginning of the 20th century, and why? Its editor, Ḥayyim David Rosenstein (1871-1934) lived his entire life in Minsk (Russia and then USSR, now the capital of Belarus), which had a Jewish majority at the turn of the 20th century. Rosenstein was a Torah scholar, a Hebraist, a Zionist activist and above all an educator. In Minsk he was known in Yiddish as Der Hoikhe Melamed (“the tall teacher”), which referred not just to his physical stature but also to the great esteem in which he was held by the people of the city. He was also known in literary circles by his Hebrew initials חד״ר (like cheder in Yiddish) or as חד”ר מד”ן (taking the first and last letters of his name). 

Rosenstein was the founder and principal of a cheder in Minsk, but it was no ordinary cheder. It was rather called a ḥeder metukan in Hebrew, i.e. an “improved” cheder in that it included secular studies along with Torah study, and employed modern pedagogical techniques in all disciplines. It prepared its students as Jews and for success in the modern world. But above all, it taught the Hebrew language and other subjects not in Yiddish nor in Russian but rather in Hebrew (‘Ivrit be-‘Ivrit). Rosenstein’s Siddur Shirah Ḥadashah was designed for students in schools like his own. By 1903, there were 934 ḥadarim metukanim in Tzarist Russia. Siddur Shirah Ḥadashah became a bestseller not just among their students, but also among Hebrew-oriented Jews throughout Europe, and it was even exported to North America and to the Hebrew-speaking settlements in Ereẓ Yisra’el.

The ḥeder metukan was vociferously opposed by the traditionalists of the time, who sarcastically called it a cheder mesukan in the Ashkenazic pronunciation (i.e. “a dangerous cheder”).[4] The ḥeder metukan also raised the ire of assimilationists, who wanted Jews to learn Russian, drop their separate national identity and fully join Russian society. But the ḥeder metukan was most fiercely opposed by Jewish socialists and communists, who despised its traditional nature, its nationalist pretensions, and its promotion of Hebrew. In their view every nationality, including Jewish nationality, took a back seat to the international revolution of the proletariat. And if an ethnic Jewish culture was to be promoted, they argued, then that culture must be Yiddish culture. They saw Hebrew as the language of a repressive religious tradition, of privileged rabbis and scholars. It was not the mother tongue of the Jewish masses in Europe, and it must therefore not be part of a tolerated culture in a future communist country.

Despite all of this harsh opposition, Rosenstein’s ḥeder metukan in Minsk was highly successful following its founding in 1903. During its golden years, it educated many students who eventually made ‘aliyah and contributed to the rise of the State of Israel. Rosenstein’s son, Avraham, told the following story which illustrates something of the educational spirit of the school at its very best:

Years passed, and I was in the upper class of the cheder—in my father’s cheder. Some eighteen 10-year-olds were attending lessons on Torah and Nevi’im and Ketuvim, on Hebrew grammar, Mishnayot, on the early history of Israel. And all of it was, of course, in Hebrew: Hebrew in the lessons, Hebrew during recess, in conversations and in games. All of us were all proud of the fact that we were in Rosenstein’s cheder, myself among them. I felt no embarrassment, or, to the contrary, “privilege” or “advantage” over my fellow students because the teacher was my father … In his keen pedagogic instinct, my father gave me no cause to feel “privileged” or “near to the throne”—neither in my eyes nor in the eyes of my fellow students. [I was] one student among all the others, and there was an equal and fatherly attitude towards each and every one, in accordance with his attitude toward his studies.

Of all the classes, the ones in Tanakh are carved most deeply into my heart. My father immersed his entire soul and all of his enthusiasm in them, infecting all of us [students] as well. We would learn complete chapters by heart but felt no onus or burden in it.

I remember one episode extremely well from those school days.

One day we began to study the book of Proverbs, after we had learned a selection of Psalms. The “modern” commentaries we had sometimes resorted to, apart from Rashi and the “Meẓudot”, were the “Miqra Meforash” (“Explanatory Tanakh”) of Treves, Notik and Levin. For the Book of Proverbs, father told us, no Miqra Meforash had yet been published, so we would have to make due with the traditional commentaries and supplement them with father’s explanations, which we would jot down for ourselves.

Or if you want, added father with a smile, you may compose your own Miqra Meforash

I do not recall how my classmates reacted to that “invitation,” but I certainly do recall that the words entered my heart and together with my friend David Lifshitz, an outstanding student in the class, we decided to take up the task—to compose an edition of the Book of Proverbs with a new commentary in the format of Miqra Meforash, based on the commentaries of my father and other commentaries that we had at our disposal…

When our plan was revealed to father, he smiled and asked, “So what shall you call your commentary?” Upon seeing the confusion in our eyes, he added, “Look carefully at Psalm 110, which we studied not long ago, perhaps you will find a suitable name there…”

Indeed, after we read and reread the psalm with care, David extracted from it the phrase טַל יַלְדוּת (“the dew of youth”), and we decided that this was surely what father had meant, for it was quite fitting to our work and the age of its “authors.”

For many weeks we worked in the evenings at the “sacred labor” of the commentary, writing and erasing and rewriting. David, who had a very fine hand, would copy inside a thick notebook, in large and handsome letters, the biblical text up to the middle of the page, and then I would copy, in small letters in the lower half, the exegesis we had worked out together, and all of it of course with full vowelization!

And so it was day after day and week after week, page after page and chapter after chapter.

What became of our “creation” inspired by father, whether it was completed or left unfinished—I cannot recall.[5]

In a footnote to the above story, Rosenstein’s son added the following: “I hope that this same dear friend, who is today Rabbi David Lifshitz, one of the heads of Yeshiva University in the United States, will not resent the exposure of these ‘youthful indiscretions’…”.[6]

Rosenstein’s three sons succeeded in making ‘aliyah to Ereẓ Yisra’el by 1925. For years they made strenuous efforts to bring their parents and sister. Finally, in 1934, they were able to secure official permission for them to leave the USSR, along with entry permits from British Mandate officials. Yet Rosenstein never saw Ereẓ Yisra’el.

After the Bolshevik revolution he continued to secretly teach Hebrew and engage in Zionist activities. His house was searched repeatedly for forbidden works in Hebrew. More than 60 unpublished manuscripts by Rosenstein—including a complete modern edition of ‘Ein Ya‘akov for Hebrew-speaking students—were confiscated by the Yevsektsiya or the Cheka and lost to posterity. The Soviet authorities arrested and tortured Rosenstein several times, but he always returned to teaching and writing in Hebrew. Weak and ill, he died in exile in Minsk in 1934, just before one of his sons was due to arrive from Ereẓ Yisra’el and bring home the rest of his family. His wife and daughter buried him in the Jewish cemetery of Minsk, shortly before they left for Ereẓ Yisra’el. No stone marks his grave. His wife is buried on the Mount of Olives.

Rosenstein’s writing following the revolution describes the plight of Jewish decency in an age of totalitarian terror. Today, when we hear the term anusim we mostly think of medieval Spain (conversos or Marranos), and when we mention “Prisoners of Zion” it usually refers to heroes from the 1970s and 80s. Yet there were Prisoners of Zion in the USSR ever since 1917, and Rosenstein was one. A posthumous collection of his surviving writings, based on notebooks brought home to Ereẓ Yisra’el by his wife and daughter following his death, contains short stories in Hebrew on subjects such as “Pesaḥ Anusim”—one Jew’s doomed attempt to hold a Passover seder with his wife behind closed doors instead of attending a mandatory Passover pork festival, complete with four cups of vodka, at the Yiddish cultural center (a former synagogue). Another story is about the daughter of a former dayyan (rabbinical judge) in Minsk who disobeyed her parents by attending a forbidden gathering of Zionist youth. This indiscretion empowered a Jewish officer in the Cheka to force her to be his consort and bear his child; the story ends with a clandestine circumcision. At the very same time, along with these terrifying themes, Rosenstein continued to write children’s stories and poems in Hebrew, as well as modern Hebrew editions of Torah texts and articles about pedagogy or wider issues in the Jewish world, until his dying day.

In 1949, Eshkol publishers of Jerusalem reissued Rosenstein’s Siddur Shirah Ḥadashah in an edition that was newly typeset, revised and expanded for use in the brand new State of Israel. The 1949 edition contains the Prayer for the State of Israel at the very end of the volume, and was one of the very first siddurim in the world to include it.

Shirah Ḥadashah has been reprinted in Israel many times. One later, undated edition includes not just the prayer for the state, but also prayers for Israel’s 3rd president Zalman Shazar (who was in office 1963-1973), for peace in the world, for remembering Holocaust victims on ‘Asarah be-Tevet, for fallen Israeli soldiers, for Israel’s Memorial Day and Independence Day, and the prayer for the well-being of IDF soldiers. Shirah Ḥadashah’s popularity began to diminish after Siddur Rinat Yisra’el was published 1970, as the latter quickly became the standard siddur in many of Israel’s Zionist synagogues, but it still continued to be used.[7]

When the founder of Eshkol publishers, Rabbi Yaakov Shaul Weinfeld, died in 1989, his sons divided the rights to its publications into two separate ḥaredi publishing houses. One of them is called Shai la-Mora, which continues to publish Siddur Shirah Ḥadashah to this day. However, its title page no longer credits Ḥayyim David Rosenstein, and all prayers related to the State of Israel have been removed.[8]

In a brief introduction to the 1949 edition, Eshkol publishers thanked the author’s son Avraham for editing the Israeli version of his father’s siddur, and for writing a Hebrew commentary to the newly added sections in the spirit of his late father’s work. The publisher’s acknowledgment is credited not to Avraham Rosenstein, but rather to “the teacher A. Even-Shoshan of Jerusalem.” The Hebraified version of “Rosenstein” was “Even-Shoshan,” the name which the family adopted in Ereẓ Yisra’el with the blessing of their father, who himself had used Even-Shoshan as a Hebrew pen name in his youth.[9] Avraham Even-Shoshan (1906-1984) was one of the great Hebrew lexicographers of the 20th century and author of the multivolume Even-Shoshan Dictionary. During his lifetime, Ḥayyim David Rosenstein expressed two unfulfilled literary desires to his children: He wanted Siddur Shirah Ḥadashah to be republished in a new edition, and he thought there was a great need for a new, accessible Hebrew-language dictionary. Both of these wishes were fulfilled by his son Avraham in Israel. 

2. Siddur ‘Am Yisra’el, edited by Paltiel Birnbaum (New York, 1978)

Siddur ‘Am Yisra’el was published in New York, 1978 by Dr. Paltiel (Philip) Birnbaum (1901-1988).[10] It is an all-Hebrew version of Birnbaum’s best-selling Daily Prayer Book (Ha-Siddur Ha-Shalem), which was first published in 1949 and used widely by generations of American Jews. Most of the text consists of images that were reproduced mechanically from the Hebrew part of his earlier bilingual siddur, but in some places it was altered to conform with the Ashkenazic custom prevalent in Israeli synagogues.[11] The editor’s introduction is in Hebrew, as is sporadic commentary in the form of explanatory notes at the bottom of some of the pages.[12] The Prayer for the State of Israel—which appeared at the very end of Birnbaum’s original 1949 bilingual siddur, making it, too, one of the very first in the world to include it along with Siddur Shirah Ḥadashah that very same year—appears here within the Shabbat morning prayers right after the prayer for the government (outside of Israel),[13] and is immediately followed by the prayer for the IDF. 

The end of the volume contains significant material that did not appear in the original siddur: prayers for Israel’s Independence Day (pp. 420-427); Torah readings for Shabbat afternoon, Monday and Thursday (pp. 428-459); two lists of holiday Torah readings, one for Israel and one for the diaspora (pp. 460-461); and “Months of the Year,” a summary of laws and customs in Hebrew (pp. 462-466).

The volume’s cover is dominated by the color blue, which reminds one of the Israeli flag. All writing on the cover (such as the volume’s title) is in black letters, which continue as black stripes surrounding an area of grey that wraps around to the back cover. The title of the volume on the front cover, namely Siddur ‘Am Yisra’el, connects via that orange area to further text on the back cover which reads: Ki attah shomea‘ tefillat ‘amekha Yisra’el be-raḥamim (“for You hear in mercy the prayer of Your nation Israel”). Birnbaum chose a title for his all-Hebrew siddur which emphasizes that Israel stands united before God in prayer.[14]

The most important fact about this volume, in terms of its public impact, is that it was never reissued. Unlike Siddur Shirah Ḥadashah, for which there was public appreciation expressed as market demand over several generations in Europe and Israel, Siddur ‘Am Yisra’el seems to have left no mark.[15] It is notable that in Rosenstein’s introduction to the original 1909 edition of Siddur Shirah Ḥadashah, he described the practical need which led him to produce a new siddur designed for use in schools. Birnbaum too, in the introductions to his successful bilingual editions of the siddur and the maḥzor, took pains to describe the widespread need for a new edition with clear instructions and a modern translation, accompanied by a clear and accurate Hebrew text with modern punctuation. But he mentions no such need in his introduction to Siddur ‘Am Yisra’el. This leads one to suspect that Birnbaum published his all-Hebrew siddur not in response to public demand, but rather out of a personal desire to see his siddur published in a purely Hebrew form, without material in a foreign tongue. The story of his life supports this suspicion.

Paltiel Birnbaum immigrated to the United States in 1920, at age nineteen, alone without his family. The village of Żarnowiec (Chernowitz), Poland, where he was born in 1901, was about half-Jewish at the time and highly traditional. Little is known about his childhood or education, except for an anecdote told by relatives which “remembers him sitting at night under the table with books and candles, always studying.” Birnbaum grew up in Rosenstein’s world, namely the centuries-old communities in eastern Europe whose many millions of Jews provided a thick, thriving Jewish environment that enabled Jewish and Hebraic culture to flourish. The young Birnbaum appears to have been an autodidact with a deep love for both the traditional and modern scholarship of his people. As a young man in America, he financed his undergraduate degree by tutoring Hebrew and Greek. His Ph.D. dissertation analyzed a Karaite commentary on Hosea in Judeo-Arabic.[16] His entire career indicates a love for his people’s literature and especially for the Hebrew language. 

Throughout much of his life in America, Birnbaum administered and taught in local community Hebrew Schools. He became famous as the editor and translator of bilingual prayer books, as well as the author of popular volumes in English that were designed to enlighten and inform the American Jewish masses. He was heartbroken that so many American Jews were bereft of their heritage: “We are losing our people because of ignorance,” he said. “People are ignorant of their ignorance.”[17]

Hebrew language and literature survived in 20th century America, but mostly within a small circle of intellectuals, along with some schools they established in which a small minority of American Jewish youth studied in Hebrew. Birnbaum was active in this somewhat lonely environment. He served on the board of the Histadrut Ivrit of America and contributed regularly to its journal Hadoar and other Hebrew literary forums that existed at the time. He also founded a Ḥug ‘Ivri (a social club for people to study Hebrew and speak it to each other) in his Wilmington, Delaware community, where he lived for 20 years.

Birnbaum’s first book aimed at a popular audience was an abridged version of Maimonides’ Mishneh Torah in vowelized and punctuated Hebrew, along with explanations of various Hebrew words, phrases and concepts in English at the bottom of the page (New York, 1944). A short, educational biography of Maimonides in vowelized Hebrew comes just before the text. Birnbaum hoped that this volume would enable its readers to access the original Hebrew text by Maimonides, so that it might be a window for them into the language and literature of Israel and serve them as a concise encyclopedia of Judaism. But years later, in 1967, he republished the very same Hebrew text with a full, facing English translation instead of brief explanations. Although Hebrew illiteracy was painful to him, Birnbaum was never stingy with his American Jewish audience. He provided them with any tool he could in his literary efforts to tackle their ignorance. Indeed, in a passionate Hebrew-language review of a book written in Hebrew on the story of the Hebrew language, Birnbaum remarked that “the main purpose of having precise translations is that they make it easier to understand the Hebrew original.” Even though his review made it clear, through lengthy citations, that there can be no Jewish future without Hebrew, Birnbaum nevertheless suggests that the book itself “should be published in English translation, so that people may know…”[18]

A full volume of Birnbaum’s collected writings in Hebrew entitled Peleitat Soferim was published by Mossad Harav Kook (Jerusalem, 1971). It contains numerous book reviews, biographical portraits of traditional and modern Jewish scholars of Judaica, and articles on other classic Judaica topics. But the final essay stands out. In it, Birnbaum passionately described his five-week visit to Israel following the Six Day War in 1967. It was his fifth trip, at a time long before Birthright, when the vast majority of American Jews never visited Israel even once in their lives. “This visit, my fifth to the Land of Israel, was an experience that I will never forget. This time I felt in every fiber of my being that I was treading the soil of the land of our fathers, the land of our longing, the goodly heritage, the source of our millennial culture…” Birnbaum wrote of the desperate need for olim[19] to fill the vast space he encountered from the Sinai desert to the Golan Heights.[20] He wondered whether Israel should deal with these precious places in terms of their history, the national longing of countless generations, or in terms of the practical need for defensible borders.[21] He further recounted the strange experience of being a Hebrew-speaking tourist in Israel: “A tourist who speaks fluent Hebrew is assumed to be a yored.[22] People immediately want to know where he learned such Hebrew. If an American citizen, for instance, speaks fluent Hebrew, residents of the State see that as a sign that he once resided in Israel and then left…”[23] He described his visit to Masada[24] and wrote at great length about his encounter with Samaritans, their history and their version of the Torah.[25] It is with this essay about his visit to Israel that Birnbaum chose to close the volume of his collected writings in Hebrew.

Siddur ‘Am Yisra’el was published a decade after that visit to Israel. To publish his siddur in an all-Hebrew version, with changes needed to make it suitable for use in Israel as well as America, seems to have been the realization of a dream for Birnbaum. Perhaps he felt that in 1978 there were already enough literate, observant, Zionist American Jews who might want to use such a siddur. Perhaps he hoped that his siddur would also be marketed in Israel. Yet given his outlook, it makes the most sense to view Birnbaum’s publication of Siddur ‘Am Yisra’el as an expression of Birnbaum’s ideal and of his dream, namely for the nation of Israel to know and love its own language and foundational texts with no need for crutches in a foreign tongue.

When Birnbaum died in 1988 he left no family, as he never married. But he did belong to an active Jewish community (the Jewish Center in Manhattan) and received a proper Jewish burial. The tombstone provided by his community contained very little Hebrew (not even his Hebrew name), and its English text was marred by three errors. In 2022, Yosef Lindell spearheaded an effort in cooperation with the Jewish Center to replace Birnbaum’s tombstone with a new one that would not only be more accurate, but also contain a small amount of elegant text in Hebrew and English to give tribute to his life’s work. The Hebrew sentence on the new tombstone reads, in translation, “He instructed the mouths of his nation so that they err not in their language nor falter in their speech.”[26] This beautiful rephrasing of an ancient prayer may be taken to refer not just to Birnbaum’s great care for language, Hebrew and English alike, but also to his love of Israel as a nation. “He instructed the mouths of his nation,” ‘ammo in Hebrew, referring to a man who devoted his life and his wisdom to his nation and its language, while simultaneously yearning for its land. 

Prayer, Torah and Hebrew Nationhood

Throughout our history, when the communities of Israel in exile were either unemancipated or multitudinous, the Hebrew language had a chance to flourish. Before emancipation, Jews in most times and places were typically able to communicate in Hebrew as a matter of course, and did most of their writing in Hebrew. They spoke Hebrew when they encountered Jews who knew a different mother tongue, and sometimes even when there was no practical need. Hebrew was not their mother tongue, yet they became intimately familiar with it “at an extremely early and impressionable age.”[27] It was precisely this familiarity which enabled the revival of Hebrew as a mother tongue in modern times. As Cecil Roth is famously said to have put it, “Before Ben-Yehuda… Jews could speak Hebrew; after him, they did.”[28] The living reality of Hebrew in both of these stages was a remarkable achievement, and may well be considered miraculous, the former no less than the latter.

But in places and times where Jews were both emancipated and constituted a small minority, Hebrew was ultimately doomed. This was true for Jewish enlightenment in the 19th century, which took place in two different tongues. In Western Europe, where emancipated Jews were a small minority, the language of Jewish enlightenment was mostly German and its spirit strove “to wipe out any national memory of ‘Am Yisra’el.”[29] But in eastern Europe, where Jews largely remained unemancipated (or at least unintegrated), and where they often constituted a large minority and sometimes even a local majority, the Hebrew language was able to flourish. Hebrew continued to thrive in eastern Europe (outside of the USSR) right up until the Holocaust as the language of schools, youth movements, newspapers, journals, and books. It was evident to those who took part in this culture that they had no future in Europe, but only a minority escaped.[30]

In the modern, emancipated countries of the 19th century, even Orthodox rabbinic scholars quickly abandoned Hebrew as their natural language for discussing the Torah. Birnbaum cites an example of this from the book he reviewed on the history of Hebrew. Upon receiving a letter from Rabbi Samson Raphael Hirsch, written in German, the Italian-Jewish scholar Samuel David Luzzatto (Shadal) replied in haste on the very same day: “What has happened to the author of The Nineteen Letters? Has he turned into Geiger or Holdheim, that he writes to Shadal in the tongue of the North [=Germany], rather than the language of Judah and Jerusalem?”[31]

Hebrew ceased to be the language of Torah in the West, but not in the East. The difference was rooted in the continued sense of Israel as a nation, or lack thereof. One critical issue that was often debated—it is arguably the most important dilemma for Torah life in modern times—was what attitude the Torah demands towards Jews and Jewish movements when they openly rebel against tradition. Must Jews who are loyal to God and the Torah formally disengage from them? Or would that be an attack on the cohesion of Israel as a nation? In Germany, the practical question was whether a religious denomination now called “Orthodox Judaism,” once it received recognition from the government, must formally break off from the general Jewish community. Rabbinic debate on that issue took place in the form of open letters published in 1877 by Rabbi Seligman Baer Bamberger (against separation) and Rabbi Samson Raphael Hirsch (in favor).[32] Those open letters in literary German, on a critical topic with immense halakhic, hashkafic and practical repercussions, are closed books for nearly all Torah scholars today. In the end, Hirsch’s view was later embraced by most of the yeshivah world.

The same issue rose in eastern Europe, but in Hebrew. An editorial entitled “Right and Left” was published in the Hebrew-language newspaper Maḥziqei ha-Dat, which argued that in an age of anti-religious ideologies and rebellion against tradition, the only way for God-fearing Jews to uphold the Torah was to join together as a separate group and keep themselves far from evildoers.[33] But Rabbi Naftali Ẓvi Yehudah Berlin (the “Neẓiv”), head of the Volozhin Yeshivah and a supporter of Ḥovevei Ẓiyyon, responded that such a move would be “as destructive as swords to the body of the nation and its existence.” In the end it would also fail to uphold the Torah, because every real or seeming deviation would provide cause for endless internal warfare. In order for Israel to return to God, it must remain one nation. According to Neẓiv the correct thing to do, as in the past, was to live together with others and cooperate with them while working hard to spread Torah study and observance in every possible way (“On Right and Left” in Responsa Meishiv Davar I:44). His approach influenced not only his student, Rabbi Abraham Isaac Kook,[34] but has been typical of mainstream religious Zionist leaders for the past century.

The Jewish Hebraists in America have been described as follows: “Immigrants from Eastern Europe, they tended to be heder- and yeshiva-educated Jews who had embraced the achievements of modern Western culture while at the same time preserving an ardent commitment to Jewish tradition, the Hebrew language, and the national renaissance that was based in Zionism.”[35] That description fits Birnbaum like a glove to a hand. It was equally true for Hebraists who remained in Europe, like Rosenstein. Men such as these were quite comfortable among Orthodox rabbis, so long as they were not authoritarian in their attitudes and did not demand extreme rejection of modernity. They were similarly comfortable among secular Zionists, so long as the Jewish tradition and the Hebrew language could be promoted with pride within the Zionist movement. They respected serious Jewish scholarship, regardless of the scholar’s affiliations or his lifestyle.[36] Yet they were deeply opposed to modern Jewish ideologies which rejected the totality of Israel as a nation in time and in space. Such rejectionists included Bundists, radical Yiddishists, assimilationists, Reformists, and many of the Orthodox traditionalists.

Rosenstein expressed attitudes like these in journalistic essays, where he described the traditionalists, Zionists, and Reformists of Minsk in the early 20th century. In an essay entitled “On Those Who Slander the Zionists,”[37] he sarcastically described self-righteous Jews in Minsk who publicly derided all Zionists as violators of the Torah, while others demanded that Zionist rabbis and God-fearing Jews break away from Herzl’s Zionist Organisation. Rosenstein responded that those who selflessly come to the aid of beleaguered Jews in Minsk are invariably the Zionists—but never the traditionalists who berate them—and suggested that the beauty of the Zionist Organization lies precisely in the fact that its rabbis and freethinkers work together for the common good of the nation.[38] In another essay he described an effort to establish a liberal synagogue in Minsk (“like the Temples of the enlightened [Jews] in the Lands of the West”). Rosenstein mocked its builders for their cosmopolitan outlook, crude materialism, and utter lack of regard for the needs of Jews in Minsk who lived in dire poverty. At the very same time he wryly noted that such an effort would never have gotten off the ground if not for the unappealing and chaotic nature of the rest of the synagogues in Minsk.[39]

In 1927 there was an American Jewish Hebraist who found it was still possible to send issues of the Hebrew periodical Hadoar from the USA to the USSR. He mailed them to his brother in Minsk, who in turn shared them with Ḥayyim David Rosenstein. In a written response, Rosenstein expressed not just his gratitude for this kindness but also his admiration for Hebrew culture in America:

I’ll tell you the truth, that to me the young American [Hebrew] authors seem much better than the young authors of Ereẓ Yisra’el. But alas, alas for us, the inhabitants of the Soviet ghetto, who are withering away, wasting away for lack of inspiration or a new Hebrew word. Have mercy, dear man, and grant us at least some passages, to quench our terrible thirst for the word of the Lord. There are no longer any seekers of a teacher of Hebrew among us. The conditions of the place are the cause of this. There is no national content to fill the emptiness of our lives.[40]

Rosenstein’s impression of Hebrew culture in America, which he gleaned from afar in the pages of a journal, was poignant and hopeful at the time. But in the end, Hebrew “national content” was ultimately doomed by the warm embrace of America no less than by the cold fist of Soviet totalitarianism. The only place in today’s world where ‘Am Yisra’el can live its national life in its own language is the State of Israel.

In hindsight, the intense and generally positive struggle for the Hebrew language was a highly worthwhile cause and an enormous success. It would have been impossible to unify the Jews of Ereẓ Yisra’el, before and after 1948, and give them a sense of common nationhood, without the Hebrew language as a shared inheritance and subsequently as their spoken tongue. For Jewish immigration flowed into the country from every part of Europe, every corner of the Arab-Muslim world, and beyond. Each tide of immigration brought its own language, and Israel sounded like a Tower of Babel. The synthesizing factor was Hebrew, and its role in deepening the Jewish national spirit cannot be overestimated.[41]

Rosenstein and Birnbaum supported that struggle, and felt that the siddur had a central part to play in it. Yet it is striking that despite being the editors of prayer books, they both mentioned God infrequently in their writing.[42] Perhaps this reflects a kind of modesty, which made it hard for them to write about the sublime, or from a shared aversion to public displays or declarations of piety. Perhaps their very idea of God was somewhat Maimonidean or impersonal and therefore led to fewer words. But it surely had to do with what they saw as the desperate need of the hour: For Rosenstein and Birnbaum, there was a desperate need to strengthen the Jewish national spirit. They saw the siddur as the most basic expression of that spirit, since it expresses the age-old collective yearnings of Israel as a nation in exile, in its own language. Rosenstein and Birnbaum understood that no Jewish religious denomination—no matter how pious, scholarly, enlightened or virtuous it may be—can ever be called Israel. Nor can any Jewish ethnic flavor be thought of as a partner to the ancient covenant. In the siddur, it is the nation of Israel as a collective whole which stands before God in prayer. Rosenstein and Birnbaum appreciated that in order for there to be prayer to the God of Israel, one must first be able to speak of Israel itself. That is why the siddur was critical to them, as the most basic expression of national feeling in Hebrew.

The national life of Israel today is alive and vibrant. It is rich, resilient and strong even as it continues to face extraordinary threats coupled with immense animosity, like no other nation on earth. In order for the siddur to make sense in this reality, those who use it must turn back to the living, personal God of the Bible and Ḥazal who chose that living nation as His own. Rosenstein and Birnbaum correctly understood that the siddur expresses a common language, land, history and fate—critical elements which define many nations. But it is also much more: Quite unlike the harsh dichotomy between nationality and religion typical of the western world, the covenant between God and Israel lies at the heart of the historic national culture of ‘Am Yisra’el.[43] That covenant binds God no less than it obligates Israel. Now that Israel is a living reality, the prayers in the siddur have the potential to live again too, as they did in premodern times before emancipation. The prayers of a nation in exile can become the prayers of a nation that dwells in its land.[44] In fact, never before has the plain meaning of the entire book of Psalms and the extension of all its varied themes as found in the siddur been as literally true as they have become over the past two years. For the siddur to make literal and powerful sense, all it takes now is for communities of ‘Am Yisra’el to turn to the living God of Israel as the nation of the covenant.

Notes:

[1] I refer to “Religious Zionism” as a worldwide movement for well over a century, not to the current Israeli political party which adopted that title.
[2]
 The premodern sense of “Israel” as a nation, even in exile, is best understood in contrast to the widespread modern use of “Judaism” to signify a religion in the Christian or Protestant sense. For two excellent studies of the latter concept, and how it shaped Jewish identity and thought in modern times, see Leora Batnitzky, How Judaism Became a Religion: An Introduction to Modern Jewish Thought (Princeton University Press, 2011); Avraham Melamed, Dat: From Law to Religion—A History of a Formative Term (Tel Aviv, Hakibbutz Hameuchad: 2014) [Hebrew]. Also see below, n. 37.
[3]
Unless otherwise stated, the biographical, historical and literary information in this section is taken from the posthumous edition of Rosenstein’s writings, along with introductions by family members and friends: Ketavim: Ma’amarim, Reshumot, Divrei Sifrut [=Essays and Memoirs] (Jerusalem: Kiryat Sefer, 1973). I also consulted Shelomoh Even-Shoshan, “Beit Avinu,” Mibifnim 46:4 (1984), pp. 548-553.
[4]
 Ketavim, p. 14. Haredi opposition to the ḥeder metukan had economic motives as well, because a major form of employment for traditionalists around the turn of the century was as teachers in the chadorim. On this point and on the history of the ḥeder metukan in general, including the information provided here, see Yossi Goldstein, “‘Ha-ḥeder ha-Metukan’ be-Rusya ke-Basis le-Ma‘arekhet ha-Ḥinnukh ha-iyyonit,” ‘Iyyunim be-Ḥinnukh 45 (1986): 147-157. More information on the ḥeder metukan is available in Hebrew via Yad Vashem. A first-hand description of the project’s initial goals can be found in a letter from Ḥayyim Nahman Bialik to Gershon Stavsky and Yaakov Weinberg in the year 1900, available at Project Ben-Yehuda. Also see M. Ẓ. Frank, “Ha-ḥeder ha-metukan be-Rechytsa,” in He-‘Avar le-Divrei ha-Yehudim veha-Yahadut be-Rusya (volume 16), ed. B. Ẓ. Katz (Tel-Aviv 1969), pp. 85-96.
[5]
 Ketavim, p. 19.
[6]
 Unfortunately, during my years at Yeshiva University, I did not know Rav Dovid Lifshitz z”l well, nor did I have any idea why he taught his shi‘urim in Hebrew. This story may shed light on part of the reason.
[7]
 It is possible that Siddur Rinat Yisra’el itself was partially inspired by Siddur Shirah Ḥadashah in its content (Hebrew commentary and translations) and even in its name (Rinah = Shirah); this suggestion appears in a discussion thread at Forum Otzar HaHochma.
[8]
 Over the years, sporadic protests against the use of Siddur Shirah Ḥadashah appeared in the ḥaredi press in Israel. A letter to the editor printed in She‘arim 3 (Elul 5735) castigates the siddur for a list  of “‘inaccuracies’ which should really be called misrepresentations” and bemoaned its use in synagogues and yeshivot. A letter to Digleinu (Tishrei 5742) points out that the siddur’s editor was “a certain maskil of the previous generation, and in his preface, which was omitted in the new printing, he boasts that he is one of the founders of the ḥeder metukan (mesukan). His name is Ḥ. D. Rosenstein.” The letter concludes: “This volume, in my humble opinion, is in the category of sifrei minim (heretical works), and it is forbidden to purchase it or bring it into one’s home. And as many good people have failed in this matter, I have felt it my duty to call attention to it.” Here are the texts of these critical letters, via the same thread at Forum Otzar HaHochma (see previous note):

[9] Beit Avinu, pp. 551-552.|
[10]
 The dates provided here and further biographical information on Birnbaum found below are all based on a well-researched biographical sketch of Birnbaum’s life, including never-before published testimonies to his early life, provided by Yosef Lindell in “Dr. Philip Birnbaum’s Forgotten Ḥumash,” Ḥakirah 35 (Summer 2024), pp. 207-222 (at pp. 208-210). Other biographical facts mentioned below are also based upon Lindell’s fine work. However, despite several excellent essays on Birnbaum which have been published by Lindell and others in recent years, Birnbaum’s Zionism—as a key motivation for his scholarly and popular publications—has been underemphasized or omitted. The description here thus has a different emphasis, but there is nevertheless some unavoidable overlap.
[11]
 For instance, Siddur ‘Am Yisra’el instructs one to say Morid ha-Tal “during the summer in Ereẓ Yisra’el” (p. 42). Unfortunately, Birnbaum’s adaptation of his original siddur to Minhag Ereẓ Yisra’el was sporadic and incomplete. Apparently, too much text was cut and pasted “as is” from Ha-Siddur ha-Shalem, and wasn’t always changed where it needed to be. Some typical examples: Birnbaum failed to change ve-sabe’enu mi-tuvekha to ve-sabe‘enu mi-tuvah in the ‘Amidah (p. 44). He failed to add Birkat Kohanim, which is said daily in Israel, within the text of the ‘Amidah (e.g. pp. 47-48); instead he added a short note about it at the bottom of the page. He failed to indicate that the final blessing of the ‘Amidah is not changed to ‘oseih ha-shalom during the Ten Days of Repentance in Israel (p. 48). For a complete digital siddur based upon Birnbaum’s original Hebrew version, which fully represents Nosaḥ Ashkenaz in both its traditional and Israeli versions, see Hebrew Wikisource. For a complete list of places in that digital siddur where Birnbaum’s original text has been modified for this purpose, see here.
[12]
The introduction is mostly new, not a translation of the English-language introduction to the bilingual Daily Prayer Book. Its first section emphasizes that the fixed community prayers are central to the shared culture of Israel. The second section is a short collection of talmudic maxims on prayer. The third and final section is the longest, a collection of notes by scholars over the generations on the text and procedure of the daily prayers. A number of the items in these three parts are already found in Birnbaum’s original introduction in English, but the Hebrew collection is richer. As for the explanatory notes in Hebrew at the bottom of many pages, they mostly parallel those found in English at the bottom of some of the pages in Birnbaum’s 1949 bilingual Daily Prayer Book, but are not direct translations. In particular, the English-language notes often provide information based on a Hebrew source for which a reference is provided, while in Hebrew that source is cited in its original language. As Yosef Lindell suggested to me in correspondence, Birnbaum may have felt that he could go more in depth with a Hebrew-speaking audience.
[13]
In his original bilingual Daily Prayer Book, Birnbaum printed a prayer that was worded specifically for the government of the United States. It asks God to bless “the president and the vice-president and all the officers of this country” (p. 380). But in Siddur ‘Am Yisra’el the Hebrew text was cut down to a simple generic form: “all the officers of this country.” This formulation is artificial, because although it technically fits all countries it actually meets the needs of none. It seems to have been chosen as an easy yet ineffective way to allow the siddur to be used internationally.
[14]
 I am grateful to Rabbi Gabriel Kretzmer Seed for the color photo of the Siddur ‘Am Yisra’el’s cover. Note that the flash distorts the grey area, which appears more like orange in the photo.
[15]
 A number of factors may have contributed to the market failure of Siddur ‘Am Yisra’el. It was inappropriate for an Israeli market because it was only printed in Nosaḥ Ashkenaz—the custom of a minority of Ashkenazic synagogues in Israel—and was unsatisfactory in terms of the Israeli version of even that custom (above, n. 11). In addition, the market for a Zionist siddur in Israel had already been captured by Siddur Rinat Yisra’el (Jerusalem, 1970)  which was issued in a more appropriate Ashkenazic version as well as a Sefard version. Then in 1981—just two years after the publication of Siddur ‘Am Yisra’el—Koren publishers issued the first edition of its own siddur, which was also quite popular and more appropriate for use in Israel than Birnbaum’s siddur. Overall, the Hebrew Publishing Company in New York, which marketed all of Birnbaum’s siddurim, never succeeded in penetrating the Israeli market, and was already in its waning years in America when it published Siddur ‘Am Yisra’el in 1979 (see Lindell, pp. 15-16, “The End of the Hebrew Publishing Company”). But the most important factor would seem to be the lack of an audience for a siddur of this type in America: Most American Jewish Zionists who used a traditional siddur preferred a bilingual one.
[16]
The Arabic Commentary of Yefet ben ‘Ali the Karaite on the Book of Hosea. Edited from Eight Manuscripts and Provided with Critical Notes and an Introduction by Philip Birnbaum, Ph.D. (Philadelphia: Dropsie College, 1942); doctoral dissertation. He later edited Karaite Studies (New York: Hermon Press, 1971).
[17]
Steve Lipman, “Birnbaum version: Bible purged of ‘thees’ and ‘thous’,” The Jewish Week (January 27, 1984), p. 24; cf. Lindell, pp. 5-6.
[18]
 “Teḥiyyat ha-Lashon ve-Hashpa‘atah” in Peleitat Soferim (Jerusalem, 1971), p. 309 (see the next paragraph regarding this book).
[19]
 Jewish immigrants to Israel (literally “those who ascend”).
[20]
Ibid., pp. 312, 315.
[21]
 Ibid., p. 312.
[22]
 I.e. a former Israeli who has left Israel (literally “gone down”).
[23]
Ibid., p. 315.
[24]
 Ibid., pp. 315-316.
[25]
Ibid., pp. 317-320.
[26]
On the rededication of Birnbaum’s gravestone, see Ari L. Goldman, “He wrote a beloved prayer book. But his gravestone misspelled his name” (Forward, July 19, 2022); Marla Brown Fogelman, “Bubby and Birnbaum” (Tablet, November 16, 2022). See Yosef Lindell’s blog for links to recordings of and about the rededication ceremony (here). All of these sources describe the new inscription as a reflection of Birnbaum’s great care for language, without mentioning his national feeling. Yet the traditional language which was chosen for the inscription (פיפיות עמו and לשונם) easily conveys that meaning too.
[27]
See Cecil Roth, “Was Hebrew Ever a Dead Language?” in his Personalities and Events in Jewish History (Philadelphia: Jewish Publication Society, 1953), pp. 136-142 (at 136).
[28]
The quotation from Roth is found in Jack Fellman, The Revival of a Classical Tongue: Eliezer Ben Yehuda and the Modern Hebrew Language (The Hague: Mouton, 1973), p. 139, but does not appear as cited there in Roth’s “Was Hebrew Ever a Dead Language?” I have not been able to locate its source.
[29]
 Birnbaum, Peleitat Soferim, p. 306.
[30]
Those surviving Jews in modern times who continued to view themselves as ‘Am Yisra’el, managed to preserve just enough national spirit and power to allow for the State of Israel to arise. The Holocaust did not result in the rise of Israel, as is commonly thought today. Rather, Israel was just barely able to rise despite the Holocaust. Watch Yehuda Bauer, “Israel and the Holocaust: Debunking the Myth”.
[31]
Birnbaum, Peleitat Soferim, pp. 306-307. This is a play on words, because Hirsh’s Hebrew title for The Nineteen Letters (Altona, 1836) was אגרות צפון.
[32]
The open letters are also available via the National Library of Israel (Bamberger to Hirsch and Hirsch to Bamberger).
[33]
I have not been able to locate the original editorial. Another version of the newspaper appears here.
[34]
A discussion of Rav Kook’s early views on nationhood, universalism, morality and the challenges of modernity may be found in chapters 5-6 of Yehudah Mirsky’s Towards the Mystical Experience of Modernity: The Making of Rav Kook, 1865-1904 (Boston: Academic Studies Press, 2019), pp. 233-328.
[35]
 Michael Weingard, “The Last of the (Hebrew) Mohicans,” Commentary (March 2006), p. 2.
[36]
In the “Acknowledgments” at the beginning of his original siddur (1949), Birnbaum thanks a number of scholars who assisted him with his work, beginning with Rabbi Ḥayyim Heller, who is followed by multiple figures associated with non-Orthodox institutions including several from the Jewish Theological Seminary (which was still a highly traditional institution at the time). The “Acknowledgments” page does not appear in the second edition (New York, 1977). On Birnbaum’s opposition to liturgical reform see below, n. 38.
[37]
 Ketavim, pp. 94-95.
[38]
Precisely because Zionism was a national movement, it may be argued that out of all the many competing Jewish ideologies from a century ago, it had the greatest potential for compatibility with the traditional Torah of premodern times, or even to be a fulfillment of that Torah. On a practical level, Zionism in its very nature had room for the entire nation, including those who still strove to be loyal to the ancient covenant. It is therefore not surprising that some of the ḥadarim metukanim eventually joined the Mizrachi movement (founded in 1902).

According to Melamed (Dat, pp. 206-277), modern resistance to the concept of “Judaism” as a religion in the Christian or Protestant sense came simultaneously from the “Orthodox” and “National” (=Zionist) camps. In his analysis, he groups religious Zionists together with the “Orthodox” rather than the “Nationalists,” but the opposite approach might have yielded a richer discussion of Hebrew nationalism and its attitude towards the term dat. He also strives to be balanced in terms of anachronism: “They all criticized the Jews who turned Judaism into a religion for having been influenced by alien elements, while ignoring the fact that their own identification of the Jews as an ummah (nation or volk) in the modern sense of the term, is a product of European nationalism, a clear import from without, no less than the identification of Judaism as a ‘religion’ in the modern sense of the term” (p. 245). This is quite true as a matter of principle, yet not in terms of proportion: It would have been impossible for Melamed to write a volume that describes radical, extraordinary changes throughout history in the sense of Hebrew terms like ‘am or le’om, as he did for the word dat, precisely because even the modern meaning of the former terms has much stronger roots in Israel’s past. In other words, the anachronism is indeed “less” than for the word dat.

That the “Orthodox” and the “nationalists” were both able to reject “Judaism” quite easily as an anachronistic modern concept is best explained by their awareness of the historic term “Israel” in its premodern sense, and of the radical sense of otherness that its use conveyed over the ages. That term, and the ramifications of its use before modernity, are barely considered by Melamed and Batnitzky in their respective books (above, n. 2). In fact, nearly all modern writers routinely translate premodern occurrences of the Hebrew word Yisra’el as “Jew” or “Jews” or “the Jewish People” because modern languages like English typically leave them with no other option. Yet this anachronistic conversion of “Israel” to “Jews” is precisely what obscures the traditional outlook at the roots of both religious and secular Zionism, and even the very choice of “Israel” as the name for the state that rose in 1948.

In Christian Europe before emancipation, Jews and gentiles alike considered the Jews to be a separate nation, a disgraced nation that had been exiled and scattered around the world. Their disagreement was a theological one: Did God hate and reject that nation for its sins (the Christian position), or was that nation still beloved by God as “Israel” despite its failings and contrary to appearances (the Jewish position)? This explains why the term “Israel” was invariably used in Hebrew study, prayer, correspondence and formal writing over the ages: On the one hand, “Jew” was a pejorative term preferred by Christians (it implied betrayal). On the other hand, Jews before modern times made every effort to call themselves “Israel,” the still-proud name of their exiled nation and partner to the divine covenant.
[39]
 Ketavim, pp. 88-89. The text of Rosenstein’s siddur is entirely traditional, and basically identical to other eastern European siddurim in its day. There is no trace in his writing of a desire for liturgical change in the spirit of the times, just as he avoided modifying the original Hebrew language of other classic texts that he presented in modern Hebrew editions (this is the case for Beit Midrash [Vilna, 1906], Mishnah Berurah [Vilna, 1910] and presumably also for his lost edition of Ein Ya‘akov). In this he provides a contrast to Bialik and Ravnitsky’s Sefer ha-Aggadah (Odessa, 1912). He seems to have viewed the siddur as a national cultural treasure that one must learn to appreciate in its classic formulation. Thus, Reuven Gafni’s conjecture that the fully traditional nature of Rosenstein’s siddur may have been by dint of necessity does not seem correct (“Educational Prayer Books and Synagogues in the Land of Israel During the Mandate,” Dor le-Dor 26 [2013], pp. 433-465 [at p. 436]). Similarly, Birnbaum wrote: “The Siddur should never become a source of contention among any segment of our people. One must not fail to realize that the Siddur is a classic similar to the Bible and the Talmud, to which the terms orthodox, conservative or reform do not apply. Editors of the Siddur should not take liberties with the original, eliminating a phrase here and adding one there, each according to his own beliefs. Such a procedure is liable to breed as many different kinds of public worship as there are synagogues and temples. The danger of rising sects is obvious, sects that are likely to weaken still more our harassed people. The ever-increasing modifications in the text of the Siddur are apt to destroy this unique source book of Judaism, designed for old and young, scholars and laymen” (p. XIII; cf. Lindell, p. 14). In short, the root of this reticence for both of them alike seems to be a concern for national unity combined with a deep respect for national culture, which to their mind included the traditional siddur.
[40]
 Ketavim, p. 17.
[41]
This paragraph is a restatement of Abram Leon Sachar, A History of the Jews (New York: Alfred A. Knopf, 1965), p. 410.
[42]
 In terms of Birnbaum, Yosef Lindell noticed this about his introduction to the Daily Prayer Book: “Birnbaum waxes poetic about the Siddur’s educational function, but entirely neglects to discuss how prayer facilitates communication with God. He only adds such a discussion in the second edition. One gets the impression that for Birnbaum, prayer was almost the siddur’s secondary function. Cultivating Jewish knowledge was more important” (ibid., p. 6). Not only is this observation quite true, but even in the discussion added to the second edition—which stresses the public aspect of prayer, its deeper meaning, the need for kavvanah, the importance of custom and the history of the siddur—communication with God is hardly central. The same is true of Birnbaum’s Hebrew introduction to Siddur ‘Am Yisra’el, of his essay Ha-Siddur ve-Lashon ha-Tefillot (Peleitat Soferim, pp. 77-106), and it is typical of the rest of his writing.
[43]
 That the Torah is the center of Israel’s national culture, which makes any distinction between religion and culture artificial at best, is typical in the outlook of early religious Zionists and of their pedagogical approaches. A bold statement to this effect may be found in Rabbi Chaim Hirschensohn’s introduction to his pedagogical manual for teachers of Talmud, Mosedot Torah shebe-‘Al Peh (Jerusalem, 1889). This approach further means that the written and oral Torah form the core of all Hebrew literature, including modern secular literature. On Hirschensohn see Melamed, Dat, pp. 235-238. A similar sentiment seems to have motivated Rosenstein, who in the year 1900 expressed his desire “to revive our language and return it to the days of its youth, when it was a language of qodesh and ḥol at once” (“Litḥiyyat ha-Safah” in Ketavim, pp. 20-22 [at p. 20]).
[44]
 The traditional view is that fixed public prayer took place throughout the Second Temple Era. Its content consisted of the same themes as in exilic times, but its wording reflected a pre-exilic reality. As Rabbi Shim‘on ben Ẓemaḥ Duran expressed it, “Our wording of prayer today is clearly not the same as how they prayed when the Temple stood. For we pray that that Kingdom of David be restored, that the Temple be rebuilt soon in our days, and that our scattered people be gathered together. But they would pray for the Kingdom of David to continue, for the Temple not to be destroyed, and for Israel not to be exiled from its land. Similarly, when the High Priest prayed the blessing reẓeh on the Day of Atonement, he did not pray using our words…” (Responsa II:161; cf. Ramban on Berakhot 49a). On the views of Duran and others as to whether rabbinic prayer is meant to be a fixed text or more of a general structure, see my Kavvana: Directing the Heart in Jewish Prayer (Northvale, NJ: Jason Aronson, 1997), pp. 257-357; “Each River and its Channel: Halakhic Attitudes Toward Liturgy” (Torah Musings, October 30, 2011).

 




Marc B. Shapiro – Forgery and the Halakhic Process, part 3

Forgery and the Halakhic Process, part 3
By Marc B. Shapiro

I thought that I had exhausted all I had to say about Rabbi Zvi Benjamin Auerbach’s edition of the Eshkol — see my first two posts at the Seforim blog, here and here [and elaborations] — but thanks to some helpful comments from readers, there is some more material that should be brought to the public’s attention. Even before looking at this, let me express my gratitude to Dan Rabinowitz who sent me this picture of a youthful Auerbach.
In my first post I cited R. Yitzhak Ratsaby as a very rare example of a posek who is aware of the problems with Auerbach’s Eshkol. A scholar who wishes to remain anonymous, and who has helped me a great deal in the past,[1] called my attention to R. Yehiel Avraham Zilber (the son of R. Binyamin Yehoshua Zilber), who is also aware of the Eshkol problem. In his Berur Halakhah, Yoreh Deah (second series), p. 111, he notes that R. Ovadiah Yosef cites Auerbach’s Eshkol in matters of hilkhot niddah. Yet the authentic Eshkol does not have any section for niddah. In fact, as Yaakov Sussman has pointed out,[2] Auerbach’s Eshkol, vol. 1, p. 117, also refers to the Yerushalmi on Niddah. However, this is impossible as neither R. Abraham ben Isaac nor any of the other rishonim had this volume.

Zilber writes that his own approach is not to rely on anything in either Auerbach’s Eshkol or the Nahal Eshkol. In his Berur Halakhah, Orah Hayyim (third series), p. 16, he also states that a certain passage in Auerbach’s Eshkol, Hilkhot Tzitzit cannot be authentic. Before I was alerted to these two sources I had never examined any of Zilber’s volumes (although I have perused the works of his father). Now that I have looked at them I see that they contain a great deal of learning, but my sense is that they are of no significance in the halakhic world, and are rarely quoted.

This doesn’t mean that they are not valuable in and of themselves, but with so many halakhic books being published, only some can make it to the top. The rest, no matter how learned, remain little studied and even less quoted. One must feel bad for authors who put so much effort into producing their works which could be of great use to people, yet at the end of the day do not have any impact.

As Eliezer Brodt has already pointed out, in a previous post at the Seforim blog, with respect to books on hilkhot shemitah, although new volumes continue to appear, it is hard to believe that much of anything original is being added.[3] The same can be said for the laws of Shabbat, where I don’t see how another new book recording the halakhot can possibly have any value as we already have so many fine books in this area. If the author is going to come up with new rulings, then fine, but it is hard to see how the world will benefit from yet another collection of the various melakhot and what is permitted and forbidden.

This doesn’t mean that up-and-coming halakhic scholars have nothing to write about. For example, there is only one book on the halakhic issues involved in sex change operations, so here is an area that cries out for our best and brightest to direct their talents towards.
For those who are writing books that are not given the attention due them, one should not lose hope. Occasionally a book that is ignored in its time comes back in a future generation and assumes great popularity (e.g., the Minhat Hinnukh), while books which were very popular in previous years fall out of style. One example of the latter is the Kitzur Shulhan Arukh. When I was young everyone seemed to study it. It has been reprinted numerous times and also translated into many languages. According to the Encyclopedia Judaica, it went through fourteen editions in the author’s lifetime, which I think is a record for halakhic works. Yet today, I don’t know anyone who uses it as a work of practical halakhah. (Simply writing this ensures that people will e-mail me to point out that there are indeed some who still use it).

Returning to the anonymous scholar mentioned above, he also alerted me to a letter by R. Michael[4] Aryeh Stiegel which appeared in Tzefunot 1 (Tevet, 5749): 108. In this case I had actually seen the letter, as I own the journal and even have my pen mark on this page. But I had forgotten about it, so once again I am in the anonymous scholar’s debt. Before noting what he says, let me repeat what I mentioned in a previous post, namely, that the publication of the fourth volume of the Eshkol is very strange. We are given no information about the manuscript such as where it came from and why no one, including Auerbach’s family, had ever heard of it until it was published.

There is one other point which I neglected to make in my previous post, but it also is relevant. In 1974 Bernard Bergman published an essay on Auerbach in the Joshua Finkel Festschrift (later included as an appendix to vol. 4 of the Eshkol) in which he defended him against Albeck’s attack. At the time of this essay Bergman knew nothing about any unpublished manuscript of Auerbach’s Eshkol. It is very suspicious, to say the least, that Bergman is also the one to publish the newly discovered volume. Are we supposed to assume that it is just coincidence that Bergman, who earlier had published an essay on Auerbach, discovered this manuscript? (Those who are old enough will recall that during these years Bergman had lots of other things on his mind.) Of course, it is possible that some rare book dealer came into possession of the manuscript and knowing Bergman’s interest in Auerbach, sold it to him. In my previous post I stated that despite the problems that can be raised about the new volume, barring any further evidence we should give Bergman the benefit of the doubt.

Yet Stiegel notes something which should force us to reopen the issue. In volume 4, p. 26 n. 24, we find the following in the Nahal Eshkol.

לא ידעתי למה מביא זה, שהרי רבא הקשה אי הכי במקדש היכי תקעינן. אך מצאתי שגם הראב”ן ר”ה מביא דרש זה, ועי’ באבן שלמה על הראב”ן שם אות ד’ שהאריך ליישב קושיה זו.

The problem is that the edition of Ra’avan with R. Solomon Zalman Ehrenreich’s commentary Even Shlomo only appeared in 1926, many years after Auerbach’s death. This sort of anachronism is often what enables scholars to uncover a fraud.

When problems became apparent in Auerbach’s edition, Albeck called for the manuscript to be produced, and this was never done. Here too, I call for the manuscript of volume 4 to be produced, and for the publisher, Machon Harry Fischel, to join in this demand. Only when we can examine the manuscript will we be able to determine what is going on. If the answer given is that the manuscript cannot be located, which was the same answer given one hundred years ago, then the possibility that Eshkol volume 4 is a late twentieth century forgery will have to be seriously considered.

The anonymous scholar also alerted me to R. Hayyim Krauss’ Toharat ha-Shabbat ke-Hilkhatah. Krauss is known for a campaign he mounted in the 1970’s, culminating in the publication of his books Birkhot ha-Hayyim and Mekhalkel Hayim be-Hesed, which were in large part devoted to showing that the proper – and original — pronunciation in the Amidah is morid ha-geshem, not gashem. There is no doubt that Kraus was correct, but I don’t know if his campaign bore any fruit. Certainly in the United States when I was growing up, virtually everyone said gashem since that is what the siddurim had, including Brinbaum. Matters have changed greatly in the last twenty years because of the ArtScroll siddur. This siddur vocalizes – or, to use the word that ArtScroll prefers, “vowelizes” – גשם as geshem. I have previously noted one example where the Artscroll siddur has changed the davening practices of the American Orthodox community[5] and this is another. Had the ArtScroll siddur given gashem as the pronunciation, that’s what we all would be saying now.

Since this blog is devoted to seforim, with a great focus on bibliographical curiosities, let me mention the following: It has been awhile since I’ve seen the literature about geshem vs. gashem, but I remember that the side that supported gashem was able to show that it was not only grammarians who supported this reading, but R. David Lida (c. 1650-1696) Ashkenazi rav of Amsterdam, also attested to it. In fact, he might be the earliest authority to do so. But those who cited Lida didn’t know a couple of things about him. Neither do the people who keep publishing his works. To begin with, Lida was a plagiarizer, and not a very skilled one at that.[6]

People can live with plagiarism, especially as it is not uncommon in haredi “mehkar.”[7] But worse, much worse, is that Lida also appears to have been a Sabbatian. In my Limits of Orthodox Theology, p. 42 n. 21, I called attention to something similar. The Yemenite kabbalists who attacked R. Yihye Kafih made use of, and defended, a Sabbatian work written by Nehemiah Hayon. It was only after R. Kook pointed out the true nature of Hayon’s work that they excised this defense. As I commented in my book, this shows the elasticity of apologetics, in that if one beleves a work is “kosher,” he will devote great efforts to defending it, but after learning that the author is a Sabbatian the defense is immediately dropped. We must ask, however, why were the ideas in this work acceptable before the author’s biography was known?

Returning to Krauss’ Toharat ha-Shabbat ke-Hilkhatah, in volume 1 of this work he cites Auerbach’s Eshkol. In volume 2, p. 450, Krauss publishes a letter he received from R. David Zvi Hillman. Hillman, in addition to being an outstanding talmid hakham, also has a real historical sense and many years ago edited Iggerot ha-Tanya u-Venei Doro (Jerusalem, 1953). In more recent years he published an interesting, though wrong-headed, article arguing that Meiri’s views of anti-Gentile halakhot are not to be taken seriously but were written due to fear of the censor (which was a concern even in pre-printing days).[8] He has also been involved with the Frankel edition of the Rambam, most recently editing Sefer ha-Mitzvot. Despite its problems, the Frankel edition of the Mishneh Torah is now the standard edition for both yeshivot and the academic world.[9]

As everyone knows, the Frankel edition has been attacked for systematically ignoring the writings of some prominent non-haredi gedolim. For example, there are no references to R. Kook, even though he wrote a commentary on the Rambam’s shemitah laws, which will be mentioned in an upcoming post at the Seforim blog. (He is cited the ArtScroll Mishnah volume on Shevi’it.) It was because of this affront that R. Kook’s followers have put out a separate index of commentaries on the Mishneh Torah, which is now available online. See here.

A particularly harsh criticism of the Frankel edition, which appeared as an “open letter,” is found here:
Hillman chose to answer this critique. He briefly mentions the issue of R. Kook, but has a lot to say about R. Kafih, and his critique of the latter is incredibly sharp. Here is his letter:

Even if one doesn’t agree with him, it should be obvious to all that Hillman has a much broader knowledge than the typical talmid hakham. It therefore should not be surprising that he was critical of Krauss for including Auerbach’s Eshkol. In fact, Krauss does not even print Hillman’s entire letter, but cuts out a section that no doubt would have been seen as disrespectful to Auerbach. Thus, Hillman writes:

ומ”ש באשכול ליתי’ באשכול (הוצ’ אלבעק) אלא . . .
Krauss inserted the three dots since Hillman’s original letter must have continued by referring to Auerbach’s edition. Similarly, a few lines later Hillman writes

(. . . ובנד”ד יש לנו לזה ראיה נוספת ממה שלא הוזכרה שזה דעת האשכול בספר המאירי שהיה הצאצאיו ושמעתתי’ בפומיה תדיר בכינוי גדולי קדמונינו) ואף את”ל . . . ומבעל האשכול יצאו הדברים מ”מ הלכה כהרשב”א דבתראה הוי.

The second ellipsis was inserted by Krauss. In his letter Hillman must have written, “Even if you want to say that Auerbach didn’t forge this section, and it really was stated by the Eshkol.” Yet Krauss didn’t want anything negative about Auerbach to appear in print, so he cut it out. Hillman also calls attention to the comments of R. Hayyim Eleazar Shapira in the introduction to his Darkhei Teshuvah on hilkhot mikvaot. Here Shapira notes that the Maharsham cited Auerbach’s Eshkol, and this once again raises the problem I have earlier discussed, namely, what to do with pesakim that rely on forged texts? (This is not such a problem in hilkhot mikvaot, as Shapira notes that most of what is quoted from Auerbach’s Eshkol is le-humra).

Shapira states that he is not prepared to decide the matter of the authenticity of Auerbach’s Eshkol, yet according to Hillman נראה מכתלי דבריו שדעתו נוטה לצד המערערים על אמיתותו. It is obvious that the reason Shapira does not definitively decide the matter is because of his feeling of respect for Auerbach as a great talmid hakham. The notion that such an outstanding Torah scholar, one of the German rabbinic elite, could perpetrate such a fraud is difficult for people to accept. Yet Shapira is also surprised that the Maharsham cites Auerbach’s Eshkol entirely oblivious to the problems with this edition.

I don’t see this as unusual at all. Shapira was an incredibly learned man, with knowledge of all sorts of things, but the Maharsham was an ish halakah whose life was spent in Shas and Poskim. Similarly, although R. Moshe Feinstein quotes Auerbach’s Eshkol, I would assume that he too had never heard of the controversy, as it is not something that penetrated the walls of the traditional Lithuanian Beit Midrash (at least not until so many bachurim began reading the Seforim blog!). Shapira writes:

ולא באתי להכריע, יען כי כם כבוד הה”ג ז”ל בעל נחל אשכול המו”ל (ואשר האריך לבאר כשיטתו במבואו והקדמתו) לא נקל בעיני . . . (ולא ידעתי מה הי’ לו להג’ מהרש”ם ז”ל וכי לא ראה או לא ידע, מ”ש וערערו על ככה והביא כמעט כל דברי ס’ האשכול כאלו הי’ ברור ומקובל אצלו הללמ”ס שזהוא להראב”ד בלי ספק ופקפוק לעולם).

In his reply to Hillman, Krauss states that he was indeed aware of the problems with Auerbach’s Eshkol, and even referred to Shapira’s introduction, but he did not want to elaborate (and indeed, he never quotes what Shapira says, but only tells the reader to examine it). I think that many people in the traditional world who know about the issue have this problem as well. They are between a rock and a hard place. If they say nothing, then a forgery is allowed to remain part of the Torah world. Yet if they write against it, they must take on someone who in his lifetime was recognized as one of the gedolim of Germany. Like all gedolim, he was also regarded as a great tzaddik.

Krauss does allow himself to say the following:

ובזה צע”ג על שו”ת שבט הלוי ח”א סי’ כ”ד – ועוד כמה מאחרוני הזמן – אשר לא שת לבו לדברים אלו ודורש דברי האשכול כמין חומר.

Prof. Yaakov Spiegel has also called my attention to his article in the latest Sidra[10] focusing on the various terms used for describing the blessing of the new moon. It so happens that in medieval times the term kiddush levanah was not found in either the Sephardic world or among Provencal scholars. Yet as Spiegel notes, this expression is found in Auerbach’s Eshkol, in a section that is missing from Albeck’s edition. This is another proof (if any was needed) that Auerbach’s edition is a forgery.[11]

The Auerbach forgery relates to another issue, that of rabbis lying and making things up for what they view as good reasons (which ties into my current project on censorship). Let me offer one example of this, but first I must give some background. If there is one thing Orthodox Jews know it is that sturgeon is a non-kosher fish. Yet as with so much else that people know, this is not exactly correct. While our practice today is not to eat sturgeon, no less a figure than the great R. Yehezkel Landau, the Noda bi-Yehudah, permitted it.[12] This decision led to enormous controversy as many of the greatest rabbis of Europe lined up in opposition.

Rabbi Aaron Chorin, at this time rav of Arad, Hungary, was a student of R. Yehezkel and he took up the cause of kosher sturgeon, publishing the volume Imrei Noam (Prague 1798) in support of his teacher’s view. At this time he had not yet crossed over to the dark side where he would, in the Hatam Sofer’s words, become known as אחר, an abbreviation of the way Chorin signed his name: Aron Choriner Rabbiner (see Teshuvot Hatam Sofer, 6:96). R. Isaac Grishaber, the rav of Paks, took up the battle against Chorin and published the volume Makel Noam (Vienna 1799). Here is the title page of the book:
Chorin responded with another book on the subject, Shiryon Kaskasim (Prague, 1800).

Grishaber was a fairly well known rabbi, and in recent years Torah journals have begun to print his unpublished writings. The problem that Grishaber was up against was that even with the many rabbis who wrote haskamot for his book, the great R. Yehezkel Landau had ruled differently. How could he destroy Chorin’s argument, convince the people that he was right, and most importantly, spare Jews from eating non-kosher when the recently deceased gadol ha-dor stood in his way?

Even before Chorin published his book, Grishaber had been on a crusade to have sturgeon declared as non-kosher. As part of this battle Grishaber took a fateful step which I have no doubt was done le-shem shamayim, but which from our perspective must be regarded as reprehensible.

In his effort to stop the eating of sturgeon, which he firmly believed was a terrible sin, Grishaber declared that R. Yehezkel sent him a letter retracting his decision and asking him to forward this letter to the rabbi of Temesvar, to whom he originally gave his lenient opinion. Grishaber states that the original letter of R. Yehezkel, which he received and sent on to the other rabbi, was lost in the mail.[13] He also writes that he misplaced the copy he made of R. Yehezkel’s original letter to him. This is all very fishy. Not surprisingly, R. Yehezkel’s son, R. Samuel, and R. Yehezkel’s leading student, R. Eleazar Fleckeles, rejected Grishaber’s testimony. They declared that he never received such a letter. In other words, he was lying when he stated that the Noda bi-Yehudah had retracted his opinion.

These are strong words, but it is hard to read what R. Samuel and R. Fleckeles write and still have any doubts that Grishaber was engaging in a fraud – although as R. Samuel states, Grishaber no doubt believed that in the effort to stop people from eating non-kosher even this was permissible. Here are some of R. Samuel’s words (Noda bi-Yehudah, Yoreh Deah, tinyana, no. 29), which are very interesting in that he keeps the standard respectful phrases at the same time that he is telling Grishaber that he is a liar.

ימחול לי מעלתו שדבר זה הוא שקר מוחלט . . .ופשיטא שאין מעלתו נאמן בזה מאחר שאין בידו גוף האגרת ומרחיק עדותו לומר ששלחו להרב מטו”ו ונאבד . . . כל זה הוא למופת שכבוד מעלתו שקר ענה בשם אאמ”ו הגאון ז”ל. לכן טוב ויפה שכבוד מעלתו ישתוק מזה ומצוה שלא לאמר דבר שאינו נשמע ושאין להאמין, ודבר פשוט הוא שאין מעלתו נאמן לאסור . . . ואני דן את מעלתו לכף זכות שכוונתו בזה לש”ש אחר שלפי טעותו שבעיניו נראה הדג זה לאיסור ויודע בעצמו שלא יהיה דבריו נשמעין נגד פסק של אאמ”ו הגאון ז”ל לכך התחכם לומר שאאמ”ו הדר ביה.

Grishaber also had to deal with the fact that in Turkey the Jews ate sturgeon. To this he replied that one could not rely on the Turkish Jews since many of them were still followers of Shabbetai Zvi. R. Samuel had no patience for this nonsensical assertion.

לא אשיב על זה כי סתם ישראל בחזקת כשרות ולמה זה יוציא דילטורין על ישראל לומר כל מי שאוכל דבר הנראה למעלתו לאיסור הוא מודח מעדת ישראל. ולמה לא מיחו בהם הרבנים שם שהם גדולי ישראל. אין זה כי אם רוח יתירא.
In a second letter to Grishaber (ibid., no. 30), R. Samuel shows that his patience is at an end:

ואני מזהירו שלא ילמד לשונו שקר ומרה תהי’ באחרונה אם יתגלה קלונו ברבים.
Yet interestingly enough, in keeping with the rabbinic tradition of respectful writing he ends his second letter with כ”ד אוהבו.

Fleckeles also speaks harshly (Teshuvah me-Ahavah, vol. 2, Yoreh Deah no. 329), and this comes after beginning his letter with all the customary rabbinic introductory words of praise.

עמו הסליחה לישנא דחוצפות היא זו נגד רבן של ישראל ובדבר שכבר הורה זקן וחלה הוראתו קרוב לעשרי’ שנה . . . ומה שהעיר שרבינו הגדול נ”ע כתב אליו שחוזר מהוראה זו ובקש ממנו להודיע הדבר להרב דק”ק טעמישוואר והמכתב ההוא נאבד ממנו ומכל אדם שארי לי’ מארי מדבר שקר תרחק כתיב ומוציא לעז על אותו צדיק יסוד עולם איך יכתוב אליו שהוא בריחוק מקום ולא יכתוב באתרא דאוכלין אותו הדג על פיו ועוד אלמלא נגנז ספרי יחזקאל הי’ יכול לומר מה שלבו חפץ אבל ספריו כאן וקבע הדברים להלכה ולמעשה מיד ולדורות.

Although there were some who supported R. Yehezkel, this remained a minority opinion. By now no one is in dispute about this matter. Yet I wonder if any readers recall eating sturgeon in the United States. I ask because there was a time when sturgeon was regarded as kosher in this country. Here is a page from the list of kosher fish published by Agudas ha-Rabbonim in Ha-Pardes, April 1933. This advertisement for delicious sturgeon appeared in subsequent issues of Ha-Pardes.

Note that swordfish is also on the list, proof that Orthodox Jews ate this as well. I won’t say much more about this since I know that Dr. Ari Zivotofsky has a lengthy article on the topic about to appear in the Israeli-journal BDD (Bekhol Derakhekha Daehu). Let me just mention the following two points, if only to disabuse people of the notion that it was only the Conservatives who permitted swordfish.

1. The Chief Rabbinate of Israel declared swordfish to be kosher, and in a 1960 responsum R. Isser Yehudah Unterman defended this ruling. In response to R. Moshe Tendler’s objection, Unterman reaffirmed its kosher status.[14] It is likely that the widespread assumption that swordfish is not kosher can be traced to Tendler’s successful efforts in this regard. Today, who even remembers the that swordfish used to be kosher?

2. There was a great rav in Boston named Mordechai Savitsky. To a certain extent he was an adversary of the Rav and was one those tragic figures in American Orthodoxy. His Torah knowledge was the equal of any of the outstanding Roshei Yeshiva who became so popular, but he was never able to find his place. He publicly declared – and in his Shabbat ha-Gadol derashah no less – that swordfish is kosher.

These two points are enough to show that the issue of swordfish is anything but settled, and is certainly not an Orthodox-Conservative issue. Zivotofsky’s article will be quite illuminating in this regard.

Notes:
[1] See The Limits of Orthodox Theology, Preface.
[2] Mehkerei Talmud 2 (1993), 255 n. 196.
[3]”R. Yaakov Lipshitz and Heter Mechirah,” the Seforim blog (October 11, 2007), available here.
[4] In an effort to keep far away from non-Jewish names, many people who are named מיכאל spell it as Michoel. I have even seen Mecheol. Certainly, no one today in the haredi world who has the name משה would write his English name as Moses, as is found on R. Moshe Feinstein’s stationery.
[5] See here at note 8.
[6] See Bazalel Naor, Post-Sabbatian Sabbatianism: Study of an Underground Messianic Movement (Spring Valley, 1999), 38; Marvin Heller, “David ben Aryeh Leib of Lida and his Migdal David: Accusations of Plagiarism in Eighteenth Century Amsterdam,” Shofar 19 (Winter 2001): 117-128.
[7] Yet can they live with a well-known contemporary rabbi who not only falsified a book he worked on, but has ignored a series of summons to a beit din? See here (and here) for more. Since the censorship and forgery he engaged in are directed against Chabad, it is possible that in his mind he has done no wrong. He probably also assumes that a Chabad beit din is not valid, and therefore he can ignore it.
[8] “Leshonot ha-Meiri she-Nikhtevu li-Teshuvat ha-Minim,” Tzefunot 1 (5749): 65-72.
[9] In my forthcoming book, Studies in Maimonides and His Interpreters (University of Scranton, 2008), I give examples of some of the problems. The book should appear in another few months.
[10] “Le-Mashmaut ha-Bituyim: Kiddush Hodesh, Birkat Levanah, Kiddush Levanah,” Sidra 22 (2007): 185-200.
[11] For other forgeries in Auerbach’s Eshkol, see Louis Ginzberg, Perushim ve-Hiddushim Birushalmi, vol. 1, Introduction, p. 84, and vol. 4, p. 6. I owe these references to the anonymous scholar.
[12] Noda bi-Yehudah, Yoreh Deah, tinyana, no. 28.
[13] See Yisrael Natan Heschel, “Mismakhim Nosafim le-Folmos Dag ha-Stirel bi-Shenat 5558,” Beit Aharon ve-Yisrael (Sivan-Tamuz 5755): 109.
[14] See Shevet mi-Yehudah, vol. 2, Yoreh Deah no. 5.




The Lost Library by Dan Rabinowitz and the “Burial of Souls” by Yehuda Leib Katznelson: Different Expressions of the Same Sentiment

The Lost Library by Dan Rabinowitz and the “Burial of Souls” by Yehuda Leib Katznelson: Different Expressions of the Same Sentiment

By Rabbi Edward Reichman, MD

Having just completed Dan Rabinowitz’s superb book, The Lost Library, about the Strashun Library in Vilna, I am reminded of a remarkable, little-known short story written by a man who lived during the creation of the famous Strashun Library. He, like Rabinowitz, laments the loss of a famous Jewish library, though the literary nature of the lament differs. Rabinowitz has written a magnificent, captivating, thoroughly researched, historical lament. Our author has chosen the short story to metaphorically express his grief over the “loss” of one of world’s greatest Jewish libraries.

Yehuda Leib Katznelson (1846-1917),[1] a physician, poet, writer, and publicist of Hebrew Literature penned a short story in Hebrew entitled “The Burial of Souls.”[2] A summary of the story follows:

Stylistically based on Megillat Esther,[3] it tells the story of a man, Abul Said Ibn Alsalami, who possessed immense material wealth, and had everything one could wish for, save for one exception. As a child he neglected to study or read and his knowledge was sorely lacking. He realized that nothing could compensate for the lost opportunity and that he would never attain intellectual heights. His response to this fact comprises the substance of the story.

Essential to what follows is the notion that that every person is endowed with a soul while on this earth, a soul that departs and ascends to the heavens after death. However, those who amass much knowledge, and with the intent to share their knowledge and benefit others, commit their learning to paper in the form of a book, are granted an additional soul. This soul remains on earth even after the death of the author, and is embedded in the book he has written. This soul remains dormant until someone learns from this book. At that time the soul is reanimated and elevates the heavenly soul as well. In addition a new soul is replicated to dwell within the body of the book’s reader. While those with only a heavenly soul cannot advance their status after death, those with the additional soul can continue to accrue good deeds in perpetuity. For those who cannot author books, another option is available to obtain an additional soul. They can support houses of learning for those who cannot afford to study or hospitals for the poor and needy. The institutions can be called by the donor’s name and an additional soul will inhabit the walls of the building, surfacing when the children are learning or when the sick are being treated. Regretfully, Abul Said was either unaware or dismissive of the alternate track to obtaining a second soul, and had another more sinister plan.

Abul Said summoned his servant, Abdul Safran,[4] who served as his literary advisor and mouthpiece, and inquired if there was a list of all Hebrew books that have ever been written. The servant responded that indeed a man by the name of Azulai had compiled just such a list. The man instructed his servant to obtain a copy of every book on the list and to spare no expense. The servant scrupulously followed Said’s command sending messengers far and wide in search of every book on the list. The inhabitants of the land were all abuzz. What could Abul Said possibly want with all these books? He is no man of letters. Surely he desires to add a soul and build a massive public library for all to learn and study freely. Alas, Abul Said had other plans.

Meanwhile books arrived at the palace from all over the world. As there was insufficient place for the treasures, all the furniture of the palace was removed, and special shelves were built from floor to ceiling to line all the available walls. Each book was bound in special hand-crafted leather and labeled with gold leaf. Upon completion of the library, it was opened to the public for three days. The totality of the literature of the nation of Israel since its inception, all under one roof.

Abu Safran had succeeded in his mission and presented this remarkable library to Abul Said, though the former could not have been prepared for his master’s next request. “If we burn the entire library will this not curtail all Jewish knowledge?” Aghast at such a suggestion, Safran quickly thought to divert his master from such a plan. He succeeded in dissuading Said from his initial request and suggested the burial of the books instead. Abul Said was amenable to the suggestion, but stipulated that the burial should not be in a Jewish cemetery, but rather in cemetery far from the Jewish community where no one would have access. The servant reluctantly carried out the wishes of his master and the site was marked with a sign that read, “Here lies buried the spirit of Israel.”

And so it was, the entire library was unceremoniously buried in a non-Jewish cemetery. On the night after the books were interred, Abul Said was unable to sleep. He was ultimately drawn into the vast hall which just the day before had housed the library. Suddenly an apparition appeared before him. Where the books had once stood were now full size paintings of their authors, cloaked in shrouds. One painting slowly began to approach Abul Said, getting larger and larger as it drew nearer and nearer. “Do you recognize me!?” shouted the man in the painting. Abul Said was silent. “I am Chaim Yosef David Azulai! It is my book that you used as a guide to gather the books that you ultimately buried.” Azulai proceeded to vilify Abul Said for burying all the additional souls of the authors, thus depriving them all of the benefits when their books are learned on earth. The story concludes with Azulai relating Abul Said’s punishment and the latter’s entreaty to repent. While Azulai considered Said’s actions irrevocable, he nonetheless offered him the opportunity to make partial amends by supporting all future publications and restoring the library to its former glory for all to use.

I read this short story some years ago and found it compelling, though only recently did I come to the realization that Katznelson[5] had not conceived of this fictional tale de novo, but rather was likely expressing his lament about a factual historical event through the vehicle of this story.

Rabbi Chaim Yosef David Azulai (1724-1806) had indeed composed a monumental bibliographical work entitled Shem HaGedolim, which listed all extant Hebrew books until his time. In the course of his research for this project, he amassed one the world’s rarest and most comprehensive collections of Hebrew books and manuscripts up to his time. This is doubtless the work to which the servant Abu Safran refers in our story. When Azulai died, the collection was sold in its entirety by Azulai’s son to the Italian businessman Baruch Almanzi.[6] Almanzi’s son Joseph was a passionate bibliophile and poet and meticulously maintained and enhanced the collection, adding much valuable material. The great Judaica scholars of that time, including Zunz, Steinschneider and Luzzato, were welcomed into the Almanzi’s home to avail themselves of the treasures of this collection in pursuit of their research. In fact, Luzzato compiled a catalogue of the collection. When Joseph Almanzi died, however, there were apparently no heirs interested in maintaining the collection, and it was put up for auction. The name of the protagonist in our story, Alsalami, is perhaps derivative or reminiscent of Almanzi. The British Library purchased the manuscripts of the collection,[7] while the books were sold to an Amsterdam bookseller, ultimately finding their way to Temple Emmanuel in New York City, which subsequently donated the collection to Columbia University in 1893. Katznelson laments the “burial” of these precious books in a “non-Jewish cemetery,”[8] essentially precluding access to this library for the Jewish population who could benefit most from its use.[9]

I exhume this essay to both supplement and complement Rabinowitz’s lament of the loss of a great Jewish library. A number of elements of Katznelson’s story are reminiscent of the Strashun Library story – bookshelves from floor to ceiling covering every wall; open to the public with visitors from across the land; representative of the totality of rabbinic literature. Both the Azulia and Strashun collections began as the library of one scholar/bibliophile and were subsequently expanded and opened for broader access. Fortunately, however, the Strashun library books themselves remain accessible at a Jewish institution, though as Rabinowitz emphasizes, they are bereft of their unity as a distinct library and reflection of a remarkable period of intellectual Jewish history.

Perhaps the fate of the Hebrew book parallels the fate of the Jewish people, condemned to wander with only temporary respite. While the digitizing of large swaths of rabbinic literature, both print and manuscript, including parts of the Strashun Library, might partially mitigate our pain, there is no gainsaying the loss of the unity of the historically priceless Strashun collection. Let us hope that we will one day merit a permanent physical residence for the totality of Jewish/rabbinic literature,[10] but meanwhile, let us follow the instruction of Rabbi Azulai in our story and continue publishing books and supporting institutions for public access of Jewish knowledge. Rabinowitz’s remarkable contribution represents a historical continuation and expression of our longing to preserve the heritage of the books of our people, the people of the book.

[1] For a brief biography, see H. A. Savitz, “Judah Loeb Katznelson (1847-1916): Physician to the Soul of His People,” in his Profiles of Erudite Jewish Physicians and Scholars (Spertus College Press: Chicago, 1973), 56-61; On the literary contribution of Katznelson, see M. Waxman, A History of Jewish Literature 4 (Bloch Publishing: New York, 1947), 154-156. For his contribution, as well the contribution of others, to Biblical and Talmudic Medicine, see ibid., 702ff.

[2] For the full text of the story, see https://benyehuda.org/yogli/008.html. Katznelson introduces the story as a tale told to him as a child by his grandfather about events that transpired eighty years earlier. It is unclear to me whether this is factual or simply a literary device.

[3] The story is littered with literary and content allusions to the Megillah, which are literally lost in translation. My objective here is not to provide a full translation, nor to highlight these allusions, but rather to provide a summary of the story as it relates to our essay.

[4] Safran means librarian in Hebrew.

[5] Or perhaps his grandfather.

[6] The date of Rabbi Azulai’s death, and subsequent sale of his library, coincides with the time of the event mentioned in the story’s introduction, eighty years previous.

[7] See W. Wright, “The Almanzi Collection of Hebrew Manuscripts in the British Library,” The Journal of Sacred Literature and Biblical Record 9(1866), 354-365.

[8] The “burial” analogy was invoked regarding the loss of another important Hebraica collection in an article in Der Orient in 1846 cited by Ismar Schorsch, “Catalogues and Critical Scholarship: The Fate of Jewish Collections in 19th-Century Germany,” Tablet (December 28, 2015): “It is now nearly 20 years that a similar treasure, assembled for the same purpose, was shipped out of Germany to a remote corner of the scholarly world, where buried and inaccessible it is of no value to scholarship. … Let us not commit such a travesty a second time. May the new interest in Jewish scholarship that since then has been aroused contribute to fostering an appreciation for this vital task. It is a matter of honor for Germany, and especially for its Jews, that this collection remain here.”

[9] Katznelson’s story could have equally been written about other Jewish libraries, including the exceptional library of Moses Friedland, which Rabinowitz writes was sold in 1892 to the Imperial Library of St. Petersburg, where it lay “buried” and inaccessible to the Jewish readers. See D. Rabinowitz, The Lost Library (Brandeis University Press: 2019), 52-53. The library of Rabbi David Oppenheim was likewise “buried” in 1829 when purchased by the Bodleian Library of the University of Oxford.

[10] The National Jewish Library in Israel is continually bringing this dream closer to fruition. Another great Jewish library, the Valmadonna Trust Library of the late Jack Lunzer a”h, has been integrated into its collection, though a small portion of the collection was sold at auction.




Ten Commandment Representations in Hebrew Manuscripts & Books: Artistic Approaches to Theological Issues in Judaism

Ten Commandment Representations in Hebrew Manuscripts & Books: Artistic Approaches to Theological Issues in Judaism

Dan Rabinowitz

Today, the Ten Commandments or Decalogue[1] are among the most prominently featured symbols associated with Judaism. The Decalogue is represented by two tablets, generally connected and rounded at the top. This representation occupies a central place within synagogue architecture, often displayed on the exterior or interior of the edifices and frequently above the ark itself, which is regarded as the most sacred element within the building. However, it is noteworthy that these practices only began to emerge in the 16th century. The exact origins of this practice remain unclear, but it is likely that they were influenced by the Christian adoption of the Ten Commandment tablets in art as representative of Judaism. Some scholars suggest that this may not be an instance of benign cultural exchange but might have its roots in anti-semitic legislation, which mandated that Jews wear badges shaped like the Ten Commandments with rounded tops. This imposition may have influenced Jewish consciousness, potentially resulting in eventual self-association with this symbol.[2]

Historical evidence indicates that the ancient Jewish community used of other symbols such as the lulav, shofar, menorah, ark, scroll, and etrog, but not the luchos. The absence of the luchos is unsurprising when one considers the inherent difficulties of accurately replicating them. There is substantial ambiguity surrounding the exact proportions and shape of the tablets. Consequently, accurate reproductions were improbable, preventing their adoption as a common, recognizable symbol. Apart from the Israelites in the desert who witnessed the Sinai revelation, the tablets were not publicly displayed but remained housed within the ark. The fact that the luchos were kept in the ark and never removed suggests that they were intentionally not intended for public display.

In contrast to other Temple implements that are meticulously described, the details of the luchos are only generally mentioned as being made of stone and numbering two. This lack of elaboration has resulted in uncertainty even regarding the inscriptions on the stones and their shape. Today, it is widely accepted that each tablet contained five commandments and can be sourced to the Mekhilta DeRebi Yishmael, Yisro (Horovitz-Rabin, 233-234); however, according to the prevailing opinion in the Talmud Yerushalmi (Shekalim 6:1; Sotah 8:3), each tablet contained the entire Decalogue. Additionally, Rav Saadia Gaon asserted that one tablet recorded the version given in Exodus, while the other contained the version from Devarim.

It was not until the early rabbinic period that there was an explicit discussion regarding the shape of the luchos. The two Talmuds are inconsistent as to the exact dimensions and shape of the tablets (and both versions appear in midrashic literature). According to the TY, the tablets were rectangular, six tefachim in length and three in width. The TB describes them as square, six by six. Some attempt to reconcile the two Talmudic versions, there is clearly no consensus are single traditional regarding the shape.[3]

Beyond the challenges in determining and reproducing accurate divisions and shapes, there is a theological concern with their display. The Mishna records that the recitation of the Decalogue was part of the daily service in the Beis haMikdash. Evidence of this practice is found in the Nash Papyrus, dating between the second and first centuries BCE. In that document, the Ten Commandments appear before the Shema. Although the Nash Papyrus is likely either tefillin or a mezuzah, it seemingly confirms inclusion in the liturgy even outside of the Temple.[4] Nonetheless, the liturgical practice was abolished by Rabban Gamaliel II of Yavne. The rationale for the abolition was that some sect, the Minim, had elevated the Decalogue above the rest of the Torah, and the continued public recitation might imply acceptance of that position.[5] It is worth noting that even when the Decalogue was incorporated into the liturgy, there is no mention of it being displayed.

None of these sources mention the most common shape, tablets with rounded tops. According to one theory, this shape was borrowed from the Roman writing tablet, the diptych, which consisted of two tablets hinged together. Regardless of the original source, the rounded-topped tablets became the standard in Christian art from at least the 12th century. Since Jews adopted the luchos as a symbol much later, roughly in the fifteenth to sixteenth centuries, they chose the most commonly recognized version, which features rounded tops.[6] 

The earliest extant depiction of the luchos appears in the Dura Europos Synagogue fresco, where Moshe is holding a scroll. While Dura Europos does not settle the issue of the shape of the tablets, it does begin to reveal some details about how the luchos iconography has evolved over time to address what can be referred to as the “minim conundrum.” The conflict between the Torah recording God delivering just the Decalogue at Sinai, whereas Jews believe that the entire Torah was given at Sinai.

Illuminated Manuscripts and the Ten Commandments: Resolving the Issue of the Minim

Many manuscripts, including Haggadahs, prayer books, and Bibles, feature imagery related to the Decalogue episode. Beyond merely illustrating the text these illustrators intentionally depicted the scene to address and resolve the minim issue and link the delivery and reception of the Decalogue with the entirety of the Torah. For example, many Ashkenazic Haggadahs include the Decalogue scene, typically accompanying the Dayenu, although two include it later in the liturgy. [7] The earliest, known as the Birds Head (dating to the beginning of the 14th century), depicts two fingers emerging from the cloud, presenting two rounded-topped tablets to Moshe. Immediately below, Moshe appears again transferring the tablets, now five, to two figures, presumably Aaron and/or Yehoshua. The dual tablets have been converted into five, referencing the Five Books of the Torah.[8] The Birds Head Haggadah’s metamorphosis during the transmission process of the two tablets into five is the only example of this solution in any Jewish (or non-Jewish) manuscripts.[9]

Figure 1: Birds Head Haggadah, fol. 23r, Israel Museum

A similar rereading of the Giving of the Law occurs in the thirteenth-century Parma Machzor. Unlike the Birds Head, which transforms the two tablets into five in their delivery, the Parma Machzor, however, depicts God giving Moshe three tablets, presumably alluding to the three books of Tanakh, the entire corpus of the Torah.[10]

Figure 2: Parma Machzor (Biblioteca Palatina, MS Parm. 2887)

Beyond transforming the tablets into more than the two mentioned in the Torah, other forms of iconographical methods were used to address the minim issue. Writing material underwent significant changes throughout the centuries. It was initially etched onto stones, like the luchos, then papyrus (like the Nash), and eventually, using animal skins that are much more resilient than papyrus, it was transformed into scrolls. Finally, “the most revolutionary invention in the history of the book” – the codex – was created at the beginning of the Common Era and became commonplace by the third century CE.[11] The codex, which we recognize as a book today, consists of individual pages written on both sides and addresses the major limitations of the scroll: the difficulty of quickly moving from one section to another and the fact that only one side could be used. Christians were the first to adopt this form sometime in the third century CE. Jews, however, adopted the book or codex much later than most other cultures, likely only in the ninth century.[12] This is unsurprising, as the scroll was not merely a device for Jews, but was imbued with special holiness.

These two forms, the scroll and codex, were used to address the minim issue. In these instances, they assumed the role of the entire torah as contrasted with the tablets, recording just the Decalogue. Scrolls are substituted for the tablets in at least two Haggadahs from the late fifteenth century (c. 1470-1480): the Nuremberg II and the Yahuda.

Figure 3: Second Nuremberg Haggadah (Center for Jewish Art)

Figure 4: Yahuda Haggadah (Center for Jewish Art)

In both, Moshe holds up an open scroll with wooden poles in a manner familiar from the hagbah ceremony. Likewise, in the well-known illuminator Joel ben Simon’s c. 1470 Machzor, now referred to as the Rothschild Weill Machzor, Moshe lifts the scroll. In a later Haggadah, known as MS 1388 Paris (1583), Moshe is holding a partially open scroll, though it is not raised like the other examples.[13] 

Figure 5: Rothschild Weill Machzor (Center for Jewish Art)

A similar image appears in the Ulm Machzor, c. 1430; however, Moshe is receiving it directly from God, echoing the approach of the Parma Machzor that there was no transformation, rather the delivery itself was the entire Torah.

Figure 6: Second Darmstadt Haggadah 9v (Center for Jewish Art)

The codex is similarly employed to address the minim issue. In the Second Darmstadt Haggadah (here), Moshe appears at the top right, beneath the shofar. He is holding two connected rectilinear tablets, hinged at the bottom. A man, dressed differently than Moshe and likely Aaron or Yehoshua, appears at the bottom right holding two separate rectilinear tablets, which are clearly sourced from Moshe. Finally, a group of Israelites appears in the bottom center of the page. The leader is now holding a book. This transforms the tablets into a book or Torah. The connection between the tablets becomes clearer as the person holding the book points to Aaron/Yehoshua and the tablets, indicating that the book’s source is the tablets and ultimately what Moshe received directly from God. Therefore, collectively, the page illustrates the transmission and transformation of the Luchos, from the ten into the Torah – received from God by Moshe, which was then handed off to Aaron and finally to the Jewish people.

Figure 7: Detail Second Nuremberg Haggadah (Center for Jewish Art)

There is perhaps another example of the codex that addresses the minim issue. In the Laud Machzor, c. 1290, the illustration for the piyyut recited on Shavous, Adon Ammani, the upper register has an angel delivering two separate rectilinear tablet while on the right side the Israelites receive a single item with a loop at the bottom. Unlike the Birds Head or other manuscripts that has the transformation into the Torah during the transmission stage; here, the only item the Israelites received was this single item with the loop. What is this unusual single panel with a loop? It may be a a codex. Manuscripts and codices were originally kept in cabinets, armaria, but in the late 13th and early 14th centuries they were more commonly placed on desks, and the practice of chaining books to prevent theft began (see here). Perhaps the loop in the Laud Machzor is a ring of a chained codex and another provides another example of using the codex to address the minim issue.

Figure 8: Laud Machzor 127r (Bodleian Library, MS Laud Or. 321)

Hebrew Book Illustrations & Anti-Jewish Representations

Illustrations in printed books, however, do not appear to be concerned with solving the minim issue. To the contrary, some iconography in printed books can be read to diminish or even undermine not only the torah’s transmission but even the continued applicability and viability of the Decalogue. Printed illustrated Hebrew books depict either Moshe receiving or transmitting the tablets or simply Moshe and the tablets without context. Of the four printed mother Haggadahs that served as models for nearly all subsequent printed illustrated Haggadahs, only one, Amsterdam 1695, depicts ma’mad har sinai. Unlike the other illustrations in that edition, which are modeled after Mathis Merian’s Bible, this illustration was borrowed from other Amsterdam Hebrew prints. As we have previously discussed, while the engraver clearly used Merian as a model he deliberately altered the images to suit the Jewish text rather than their original Christian source. Merian’s imagery for ma’amad har Sinai was entirely at odds with the Jewish view, and therefore, the illustrator sought an alternative source. Merian only depicts the sin of the Golden Calf and not the delivery or transmission of the Decalogue/Torah. That aligns with Christian theology that focuses on the sins of the Jews, rather than the monumental and exceptional example of God speaking directly to the Jews and imparting his Torah.

Figure 9: Amsterdam Haggadah, 1695 (Center for Jewish Art)

The Amsterdam Haggadah used the imagery that first appears on the titlepage of the 1679 Amsterdam Humash and reused on many subsequent editions of the Humashim from Amsterdam and other cities. Here, the mountain is in the middle and Moshe is still on top, receiving the tablets. They are square, and one is held in each of his hands. The illustration does not depict Moshe delivering the Torah or tablets; therefore, it does not address the tension between the Decalogue and the torah. Nonetheless, arguably implicitly, the inclusion of the image on a title page of a Humash, obviates the need to include additional imagery for the minim issue – Moshe receiving the tablets is literally attached and is the precursor to the entire Torah.

Figure 10: Humash, Amsterdam, 1679 (Gross Family Collection)

While the Decalogue scene does not appear in the other mother Haggadahs, Moshe with the luchos is used as one of the border figures in the Venice 1609 Haggadah. Moshe is carrying two connected round-topped tablets and has a light emanating from his forehead. This illustration of Moshe and the luchos is among the most common title page illustrations in Hebrew books.

Figure 11: Title Page Shu”t Rashba, Hanau, 1610 (Gross Family Collecdtion)

It first appears adorning the titlepage of Shu”T Maharil, Hanau, 1610. However, that image was clearly borrowed from a non-Jewish source. Moshe has horns, with rounded topped tablets, and is flanked by Aaron wearing a bishop’s mitre and holding a censer.[14] There is another nuance to the image that may also specifically Chrisitan, and more important theologically than whether Moshe had horns or light emanating from his head. Unlike the Jewish sources discussed above, Moshe does not hold the tablets aloft. Rather, they are standing on the ground, his hand on top. This aligns with the Christian view of the Decalogue; after Jesus, it was relegated to a secondary role or was even superseded by the New Testament. The depiction in Shu”T Hashiv R’ Eliezer, published in 1749 in Neuwied, Germany, presents a particularly striking variation. In this volume, Moshe’s hand is shown flat, seemingly serving to drive down the tablets into the ground rather than grasping them, as seen in the Hanua prints. Additionally, unlike other works that either show some of the text on the tablets or leave them blank, Hashiv depicts the tablets filled with lines, effectively obscuring or erasing any text.

Figure 12: Shu”t Hashiv Reb Eliezer, Neuwied, 1748

The unique nature of Hashiv’s title page is amplified when compared with to similar title pages, one may have even served as the a model for Hashiv. Critically, that title page includes subtle yet significant modifications. For example, David Gans, a disciple of Maharal, in his work Sefer Nitzahon, published in Altdorf in 1644, created one of the most exquisite Hebrew title pages. It features a similar depiction of Moshe as seen in Hashiv, with his hand resting atop the tablets that include some lines, resembling Hashiv. However, these tablets prominently display the Hebrew “Aseres ha-Dibros,” clearly underscoring their importance.

Figure 13: Sefer Nitzhon, Altdorf, 1644

Another contrary example is Yefeh Anaf, by R. Shmuel Jaffe, Frankfurt a.d. Order, 1696, which depicts a Jewish Moshe with rays emanating from his head, holding round-topped tablets with the beginning of each directive in Hebrew.

Like the three manuscripts discussed above, there is another title page that features Moshe with a scroll instead of tablets. This title page, which appears in a number of different Amsterdam books, for example, Sefer Shenei Luchos ha-Bris, Amsterdam, 1698, Yad Yosef, Amsterdam, 1700, and Eshlei Ravrevei, Amsterdam, 1711, is an amalgamation of four biblical figures, each symbolizing one of the four crowns: Torah (Moshe), priesthood (Aaron), kingship (Dovid), and a good name (Shlomo).

Figure 14: Shnei Luchos ha-Bris, Amsterdam, 1698

A later Amsterdam edition of the Humash combines all three Amsterdam illustrations on the title page. The 1827 Amsterdam Humash features Carl Christian Fuchs’s engraved title page. At the top is the image of Moshe accepting the two square tablets. Moshe appears below on the left, holding round-topped tablets with lines representing the text, and in the center is a crown of Torah. Fuchs includes another Amsterdam illustration at the bottom of the page, this one from the 1695 Haggadah, which depicts the temple.

Figure 15: Humash, Amsterdam, 1827

There is another unique depiction of the tablets on an early 19th-century title page. In the third edition of Mendelsohn’s Humash, Fürth, 1801-1803, Moshe and Aaron flank the title page. However, Moshe, with rays, holds only his staff. In the central image, the ark of the covenant is present, and the two tablets, with rounded tops, are superimposed in the foreground.

Figure 16: Derech Selulah, Fürth, 1802 (Gross Family Collection)

One printed book, however, R. Yosef Ergas’ Shomer Emunim (Amsterdam, 1736), may be a unique example that specifically addresses the minim issue. This work, which discusses the legitimacy of Rabbinic Judaism, includes a representation within a circular design surrounded by laurel leaves at the center of the upper register. Initially, the figure appears to be Moshe holding the luchos. However, the accompanying legend identifies the figure as “Rabbenu ha-Kodesh,” Rabbi Yehudah ha-Nasi, the compiler of the Mishna and a key figure in rabbinic Judaism. This suggests that the Mishna – Rebi Yehuda’s text – is synonymous with the luchos.

Figure 17: Shomer Emunim, Amsterdam, 1736 (Moreshet Auctions)

This interpretation is further supported when compared to the title page model for Shomer Emunim, David Nieto’s Matteh Dan, Kuzari ha-Sheni, (London, 1724). This work also defends rabbinic Judaism and depicts the figure labeled “Rabbenu ha-Kodesh” encircled in the upper register, but he is holding a book with the inscription “Mishna.” The printers of Shomer Emunim modeled the title page on Matteh Dan, yet went further in visually equating the Mishna with the Decalogue.

Figure 18: Matte Dan, London, 1714 (Moreshet Auctions)

Except for the Amsterdam prints, title page illustrations consistently show round-topped tablets, unlike Hebrew manuscripts where tablet shapes vary. This likely stems from printing developing after Christian art standardized the round-topped representation. Table 1 summarizes twenty-two manuscripts depicting the tablets, with no consistent shape linked to a specific era or region. In one instance both rounded and rectilinear shapes in the same manuscript.[15] In the Sarajevo Haggadah, the tablets appear on two separate panels (panels 30 and 32): once when Moshe receives and conveys the Decalogue, and a second time in the scene depicting what may be the Tabernacle, Solomon’s Temple, or the Messianic Temple.[16] In the first instance, the tablets are rounded, while in the second, they are rectilinear. It is conceivable, though admittedly improbable, that the original designs were rounded and depicted in the first panel. However, in the second panel depicting the temple, when the decision was made to construct the ark with a square shape, the tops may have been removed to ensure a better fit.

The Ultimate Message of Har Sinai

One final manuscript illustration is notable not only for the shape or material of the tablets, but for the broader message it conveys. The entire nation was present at ma’amad Har Sinai, including men, women, and children. The Dresden Machzor, circa 1290, depicts Moshe receiving the tablets on the upper right of the panel. On the left side of the top register, Moshe delivers them to a kneeling woman, with no men depicted. This representation indicates that the Torah was given to and applies to everyone equally. The shape itself conveys a universal message. The luchos feature rounded tablets within a rectangular frame, symbolizing that everyone fits within Judaism’s broad parameters.

Figure 19: Dresden Machzor, c. 1290 (MS Dresd. A.46A, 202)

Table 1: Manuscripts & the Shape of the Tablets

Square/Rectilinear

Rounded

Scroll

1. Laud Machzor (Southern Germany, c. 1290, Bodleian, Laud Or. 321, fol. 127v) Birds Head Haggadah (Southern Germany, c. 1300, Israel Museum, MS 180/57, fol. 23) Nuremberg II Haggadah (1470-1480, Schocken Library, MS 24087)
2. Rothschild Machzor (Florence, 1492, JTS, fol. 139) Sarajevo Haggadah (Spain, 14th Century, Sarajevo Museum) Yahuda Haggadah (mid 15th century, Israel Museum, MS 180/50)
3. Tripartite Machzor (Southern Germany, c. 1320, British Library, MS. Add. 22413, f. 3r) Parma Machzor (13th century, Western Ashkenaz, Parma, Biblioteca Palatina, MS Parm. 2887, fol. 101v) Rothschild Weill Machzor (c. 1470, NLI, MS 804450, fol. 203)
4. Schocken Bible (Southern Germany, c. 1300, Schocken Library, MS. 14840, fol. iv) Dresden Machzor (1290, Mscr. Dresd. A.46.a, fol. 408) MS 1388 Paris (1583, Bibliothèque Nat., MS 1338, fol. 14r)
5. Regensburg Pentateuch (Regensburg?, c. 1300, Israel Museum, MS 180/52, fol. 154v) Ulm-Treviso Siddur (1450-1453, Parma, Biblioteca Palatina, MS Parm. 2895, fol. 271)
6. Sarajevo Haggadah (Spain, 14th Century, Sarajevo Museum) Floersheim Haggadah (1502, Zurich, Floersheim Collection, fol. 15).
7. First Leningrad Bible Egypt, (?) 929, fragment (Leningrad Public Library, MS II 17)
8. Parma Bible (Parma, Biblioteca Palatina, MS Parm. 2710, fol. 3r)
9. King’s Bible (Catalonia, Spain, 1384, MS King’s 1, f. 3v)
10. Catalan Bible (Catalonia, Spain, third quarter of 14th century, MS Add. 15250, f. 3v)
11. Harley Catalan Bible (Catalonia, Spain, c. 1350, MS Harley 1528, f. 8r)
12. Darmstadt Haggadah II (Universitäts-und Landesbibliothek, Darmstadt, Cod. Or 28, fol. 9v)

[1] Although these terms are inaccurate because the Torah does not refer to them as commandments, huqqim, mitzvos, or mishpatim, rather aseres hadivarim or aseres hadibros, nonetheless, as that is the most widespread description we use that term.
[2]
See generally, Gad Ben-Ami Sarfatti, “The Tablets of the Covenant as a Symbol of Judaism,” in The Ten Commandments, As Reflected in Tradition and Literature Throughout the Ages, ed. Ben-Zion Segal (Jerusalem: Magnes Press, 1985)(Hebrew), 353-388; Ruth Mellinkoff “Round-topped Tablets of the Law,” Journal of Jewish Art I (1974): 28–43.

Almost immediately after the luchos were displayed in synagogues, some argued that their display contravened the injunction against elevating the Decalogue above the rest of the Torah. The first to raise this issue was Rabbi Yom Tov Lipmann Heller. He describes how one synagogue in Prague displayed them and equates the display with the public reading, subsequently banning the practice. Rabbi Heller, who served as the rabbi of the Altneu Synagogue (Old-New Synagogue), incorporated other symbols within the building. The walls bear various abbreviations corresponding to verses that describe the decorum and purpose of prayer. The ark is flanked by two lions at the top, and the luchos do not appear anywhere within the synagogue. Rabbi Heller was most likely referring to the Maisel’s Synagogue which, today, displays the luchos above the ark. This synagogue was originally built in the 1590s. However, since it burnt down in 1689 we cannot be certain that the design of the ark was the same during Rabbi Heller’s lifetime. Whether or not this was the synagogue Rabbi Heller referenced, it serves as an example of how his opinion never gained traction even in Prague. Indeed, the Maisel’s Synagogue also displays the Decalogue on the exterior of the building, as does the Baroque Synagogue (originally built in 1622/23, also destroyed in the 1689 fire). The Klausen Synagogue’s building was completed in 1694, and its ark is topped by the luchos. For more information, see Prague Synagogues (Jewish Museum in Prague: 2011), which includes photographs of the synagogues and descriptions of their respective histories.

For a discussion of the issue of Decalogue displays in synagogues see Yechiel Goldhaver, Minhagei ha-Kehilos, vol. 1 (Jerusalem: 2005), 45-48n1, who collects examples throughout Europe of synagogues with the luchos displays as well as sources discussing the propriety of the practice.

Regading contemporary sources that discuss what shape to use for the luchos, rounded, square or rectangular, see Reuven Chaim Klein, “Square versus Rounded,” available here. Of note is the opinion of R. Yisroel Yaakov Fisher, Chief Rabbi of Badatz Eidah Chareidis, who argues, the contra-historical position, that the original tablets were rounded. Indeed, according to Fisher, there were rounded at the top and bottom.
[3]  See Chaim Kenefsky, Baraysa d’Melehes haMishkan, Da’as (Beni Brak, 1996), 38, and Meir Ish Shalom, Beritah, 43; see also Menahem Silber, “Aron ha-Edus ve-Luchot ha-Bris: Tzurotom u-Tavnesam,” in Sefer ha-Zikhron le-Rebi Moshe Lifschitz, ed. Rafael Rosenbaum (New York: 1996), 236-42; see also, Midrash Devarim Rabba, ed. Saul Liebermann (Jerusalem: Shalem, 1992)122n2.
[4] See Ephraim Urbach, “The Place of the Ten Commandments in Ritual and Prayer,” (Hebrew), in Ten Commandments, ed. Segal, 128.
[5] See Urbach, “Place,” 132-136, 138-142; Von V. Aptowitzer, “Bemerkungen zur Liturgie und Geschichte der Liturgie,” MGWJ 74 (1930), 104-115. Both also attempt to identity of the sect of the minim.
[6] See Mellinkoff, “Round-Top.”
[7] See generally, Sarit Shalev-Eyni, “Receiving the Law: Visual Language and Communal Identity in Medieval Ashkenaz,” Gesta 55(2), (Fall 2016), 239-255. Shalev-Eyni discusses many of the examples below.
[8] See Marc Michael Epstein, The Medieval Haggadah: Art, Narrative, and Religious Imagination (Yale Univ. Press, New Haven, 2011), 90; Metzger, Haggadah, 303. Metzger demonstrates that the second figure is also Moshe. Id.
[9] Metzger, Haggadah, 303.
[10] Shalev-Eyni, “Receiving of the Law,” 246-249.
[11] Anthony Grafton, “From Roll to Codex: A Christian Initiative,” in Crossing Borders, Hebrew Manuscripts as a Meeting-place of Cultures, ed. Piet van Boxel and Sabine Arndt (Bodleian Library, Oxford, 2012), 15.
[12] Grafton, “Roll,” 20.
[13] Metzger, Haggadah, 305.
[14] Regarding the image of the horned Moshe see Ruth Mellinkoff, The Horned Moses in Medieval Art and Thought (University of California Press: Berkeley, 1970. For a collection of articles discussing the depiction of Moshe throughout history and reproductions of many examples, see Moïse Figures d’un Prophète, ed. Juliette Braillon, (Musée d’Art et d’Histoire du Judaïsme: Paris, 2015).
[15] The Sarajevo Haggadah is the only Haggadah manuscript from the Sefard tradition that depicts the Giving of the Torah. While the Sephardic manuscripts precede the Haggadah text with the Biblical Cycle from Genisis to Exodus, the remaining Haggadahs end before the episode at Mount Sinai. See Metzger, Haggadah, 302.
[16] See Shalom Sabar, The Sarajevo Haggadah History & Art (Sarajevo: 2018), 233-235; 239-241. Sabar only offers Solomon’s Temple or the Messianic Temple. Nonetheless, it is equally possible that this panel simply depicts what follows the Giving of the Law, the construction of the Tabernacle.




Kalir, False Accusations, and More

Kalir, False Accusations, and More
by Marc B. Shapiro
1. I now want to return to Kalir and the criticism of me. To recap, I had earlier mentioned how Artscroll originally correctly identified Kalir as post-tannaitic, but later changed what it wrote in order to be in line with Tosafot’s opinion that he was a tanna. Some think that it is wrong to criticize Artscroll by using academic methodology instead of judging them by traditional sources, since they don’t recognize the academic approach.
My first response is that this is nonsense and a textbook example of obscurantism. If there is evidence of a certain fact, one can’t say that it is only a fact if it appears in some “traditional” source, and therefore one who ignores this evidence gets a pass.
Furthermore, when it comes to Kalir one can also date him using traditional sources.[1] One of these sources is quite fascinating. Whether there is any truth to the event described, I can’t say, but the fact that a traditional source dates him after the tannaitic era is what is important for us at present. This shows that Tosafot’s dating is not the only traditional source in this matter. The source I refer to is the medieval R. Ephraim of Bonn who states that the paytan Yannai, who is usually dated to the seventh century but could even be a few centuries earlier (but still post-tannaitic), was the teacher of Kalir.
R. Ephraim notes that Yannai was not the most kind of teachers and he was jealous of his student Kalir, showing that the Sages’ statement that people are jealous of all, except for a son and student (Sanhedrin 105b), can have exceptions. In order to deal with his problem, Yannai decided to terminate Kalir, with extreme prejudice of course. He therefore put a scorpion in Kalir’s sandal which took care of matters. R. Ephraim reports that because of this murder, in Lombardy (Italy) they refused to recite one of Yannai’s hymns.[2]
אוני פטרי רחמתים. ואמר העולם שהוא יסוד ר’ יניי רבו של רבי אלעזר בר קליר, אבל בכל ארץ לומברדיאה אין אומרים אותו, כי אומרים עליו שנתקנא בר’ אלעזר תלמידו והטיל לו עקרב במנעלו והרגו. יסלח ה’ לכל האומרין עליו אם לא כן היה.
R. Ephraim is the source for this report and as you can see from his final words, he took the report very seriously and literally, declaring that if it wasn’t true then those who spread this rumor were in need of repentance. Israel Davidson, however, claims that to take the report literally would be “absurd”, and the report of the scorpion is merely an “idiom, undoubtedly Oriental in origin, for expressing unfriendliness.”[3] The problem with this is, as we have seen, R. Ephraim and the community of Lombardy did take the report literally, so why should Davidson, living well over a thousand years after the supposed event, know more than people who lived in medieval times?[4] It is one thing to say that the murder never occurred, but that doesn’t mean that the story as told was not meant to be understood literally, and there is every reason to assume that it means what it says. If it happened, it would hardly be the first murder committed by a Jew. Thus, although the story is almost certainly a legend, our reason for making this determination is not because it is impossible to imagine one Jew doing such a thing to another.
Another important source is found in R. Hayyim Joseph David Azulai, Mahazik Berakhah, Orah Hayyim 112 (end). Azulai, as we all (should) know, had a keen bibliographical sense, and knew rabbinic history very well. After mentioning how Tosafot and the Rosh state that Kalir was really the tanna R. Eleazar ben Shimon,[5] the Hida quotes R. Isaac Luria as follows:
דהפייטן היה בו ניצוץ מנשמת ר’ אלעזר ברבי שמעון.
In other words, it is not that Kalir was actually a tanna, but that his soul was connected with R. Eleazar ben Shimon. I presume that this is an attempt to preserve the old tradition identifying the two, while at the same time recognizing that historically they were two different people. We find the same approach among many commentaries that deal with aggadic statements that make all sorts of identifications, of what can perhaps be called the rabbinic “conservation of people.” In other words, there is a tendency to identify biblical figures with other known biblical figures, such as Elijah with Pinhas and Harbonah, Hagar with Keturah, Pharaoh with the King of Nineveh, Yocheved and Miriam with Shifrah and Puah, Mordechai with Malachi[6] and Ezra, Tziporah with the Cushite woman,[7] Balaam with Laban, Daniel and Haman with Memukhan, to mention just a few.[8]
I don’t think people should be surprised that also among traditional commentators one can find the viewpoint that these identifications are not to be taken literally[9]—kabbalists are often inclined to see these texts as referring to reincarnation[10]—and some modern scholars have spoken of these identifications as examples of what they term “rabbinic fancy.” Some of these identifications are so far-fetched that I have no doubt that R. Azariah de Rossi and R. Zvi Hirsch Chajes are correct that the Sages who expounded them never intended them to be taken literally.[11]  Although I haven’t investigated the matter, I assume one would find the same tendency to non-literal interpretation when dealing with Aggadot that insert historical figures into other biblical episodes, e.g., Balaam and Jethro becoming Pharoah’s advisors, or when the Aggadah identifies spouses, e.g., Caleb marrying Miriam and Rahab marrying Joshua (and having daughters with him[12]).
2. In the previous post I quoted what the late R. David Zvi Hillman said in the name of R. Shlomo Yosef Zevin regarding Saul Lieberman. Some people were incredulous, and this raises the question of how reliable Hillman was and if he would distort things for ideological purposes.[13] I have spoken about him before, and I reproduced his defense of the Frankel edition of the Mishneh Torah not citing R. Kook.[14] Despite his strong ideological leanings, as of yet I haven’t found any evidence that he would purposely distort. My sense is that he was quite honest in his scholarship (and the issue with R. Zevin and Lieberman might have been something he misunderstood or perhaps R. Zevin wasn’t clear in what he said. It simply is impossible now to reconstruct events.)
Even though I believe that Hillman was honest in his scholarship (i.e., not intentionally distorting as is so often the case with haredi writers), we do find that his ideology led him to unfounded conclusions. These are not intentional distortions because he really believed what he was saying, but they are distortions nonetheless. Here is one example.
In 1999 a memorial volume appeared called Ohel Sarah Leah. Beginning on p. 246 is an article by Hillman dealing with R. Joseph Saul Nathanson’s view of the International Date Line. In this article, he deals with a letter by R. Zvi Pesah Frank published by R. Menachem M. Kasher. He believes that Kasher added material to the letter so as to align it with his own viewpoint. The fact that Kasher published the letter in 1954, almost seven years before R. Zvi Pesah Frank’s death, does not deter Hillman from his argument. Other than Hillman, I think everyone realizes that if you are going to forge something in another’s name, you don’t do it when they are still alive![15] We can thus completely discount Hillman’s argument and see it as an ideologically based distortion.
Despite this defense of Kasher, it must also be pointed out that there are serious questions about the reliability of some things he published. In Between the Yeshiva World and Modern Orthodoxy I mentioned R. Eliezer Berkovits’ claim that the Weinberg letter Kasher published was not authentic. Berkovits clearly thought that Kasher forged it, but when I pressed him to say so openly, he wouldn’t. All Berkovits would say is that Weinberg never wrote such a letter, and it was fraudulent. When I asked, “So R. Kasher forged it?” he replied that he wasn’t going to speculate about this, and would only say that the letter did not exist. Being that Kasher claimed that Weinberg wrote the letter to him, this means that Berkovits was accusing him of forgery, but for whatever reason did not want to say so openly.
I have a 1982 letter from Berkovits to another rabbi, and in this letter he is not as circumspect as he was with me. Here he pretty much states that Kasher forged the letter “le-shem shamayim.”
בענין מו”ר הגאון זצ”ל אני בטוח שהוא מעולם לא כתב אותם הדברים שהרב כשר מוסר בשמו בנועם. אדרבה יראה לנו את מכתבו של מו”ר זצ”ל. לפני כשנה כתבתי לו בדואר רשום ובקשתי בעד צילום או העתק של מכתבו של הרב וויינברג זצ”ל. עד היום לא קבלתי תשובה ממנו. מבטחני שהדברים שנאמרו ושנכתבו בשמו אינם אמיתייים. בעונותינו הרבים הגענו למצב שגם אנשים ירא שמים וכו’ מורים היתר לעצמם בכל מיני ענינים כשהם חושבים שכל כוונתם לשם שמים היא. והוא רחום יכפר וכו’.
In the recently published Genazim u-She’elot u-Teshuvot Hazon Ish, pp. 263ff. the unnamed editor also levels serious accusations against Kasher, in a chapter entitled הזיוף החמור והנורא. He puts forth a series of claims designed to show that another letter Kasher published on the International Date Line, this time a posthumous letter from R. Isser Zalman Meltzer, is also forged. I have to say that in this example, unlike the one dealt with by Hillman, there is at least circumstantial evidence, but no smoking gun. The most powerful proof comes from Kasher himself in which he tells of a meeting with the Hazon Ish and how at that meeting he told the Hazon Ish about the letter he received from R. Isser Zalman in opposition to the Hazon Ish’s position. Yet the letter Kasher publishes from R. Isser Zalman is dated from after the Hazon Ish’s death. There is clearly a problem here, but more likely than assuming forgery is that Kasher was simply mistaken in his description of his visit with the Hazon Ish. Let’s not forget that this element of the account of his visit was published thirty-three years after the event, and it is possible that Kasher didn’t recall everything that was said. The followers of the Hazon Ish have indeed always claimed that his description of his visit, in Ha-Kav ha-Ta’arikh ha-Yisraeli (Jerusalem, 1977), pp. 13-14, is not to be relied upon. Since his own recollection of his visit is the strongest evidence in favor of Kasher forging R. Isser Zalman’s letter, it is not very convincing.
In the previous paragraph I wrote that “this element” of Kasher’s account was published thirty-three years after his visit, so let me explain by what I mean by that. In Ha-Pardes, Shevat 5714, p. 30, soon after the Hazon Ish’s death, he originally published his account. Only when he later published his Kav ha-Ta’arikh ha-Yisraeli did he mention that he told the Hazon Ish that he received letters from R. Zvi Pesah and R. Isser Zalman, and this point is mentioned after his description of his visit. In his original description he mentions nothing about receiving letters, only that R. Zvi Pesah told him his opinion and R. Isser Zalman agreed with this. I think what likely happened is that in the passing decades Kasher forgot that the letters he received only arrived after the Hazon Ish’s death. As mentioned, if you look at what he wrote right after the death of the Hazon Ish, he doesn’t mention any letters, and he even states explicitly that he didn’t have anything in print from R. Zvi Pesah. I think this shows that while Kasher’s recollection was not exact, there is no evidence that he forged the letter.
I do, however, have to mention that in the 1977 version of the visit Kasher adds something that is not in the original recollection and must therefore be called into question. In the original recollection he reports that the Hazon Ish began reading Kasher’s work on the dateline and then said that he is tired and asked if he could hold on to the work to read later. In the 1977 version Kasher then adds the following, which shows the Hazon Ish as not very committed to his own position, a point which is at odds with everything else we know about the Hazon Ish and the dateline:
והוסיף בזה הלשון: נו, יעדער מעג (קען) זיך האלטען ווי ער פערשטעהט. [כל אחד רשאי (יכול) להחזיק כפי הבנתו].
Kasher was also involved in another problematic episode related to his book Ha-Tekufah ha-Gedolah, which is dedicated to showing the messianic significance of the State of Israel. In the book, pp. 374ff., he includes a proclamation urging participation in the Israeli elections. This proclamation is signed my many rabbinic greats and states that the State of Israel is the beginning of the redemption. This is a very significant document and is often referred to, because among the signatories are some who were never identified with Religious Zionism.
But is the document authentic? Zvi Weinman has shown (and provided the visual evidence) that a number of the rabbis signed a document that did not mention anything about athalta di-geula but instead referred to kibutz galuyot.[16] In Kasher’s book, their names are listed together with those who signed the document referring to athalta di-geula, even though they never agreed with this formulation. This would appear to be a Religious Zionist forgery (unless it is simply a careless error), although it is impossible to know whether Kasher was responsible for this or if he was misled by someone else.
If it can ever be proven that Kasher was indeed responsible for a forgery, there is still a possible limud zekhut for this type of behavior (and I mentioned it in a prior post): If you are convinced of the correctness of your position, it is not hard to construct an argument, based on traditional Jewish sources, that false attribution and even forgery is permissible. In the book I am currently working on I bring all sorts of examples of this which I think will be very distressing for readers, as it is in complete opposition to what most of us regard as basic intellectual honesty.
Returning to the recently published Genazim u-She’elot u-Teshuvot Hazon Ish, the editor also makes an outrageous accusation and I am surprised that no one has yet publicly protested. The canard is leveled at Chief Rabbi Isaac Herzog, whose saintliness was universally acknowledged even by those who opposed his Zionist outlook. It was R. Herzog who in early 1940 flew to London and was able to convince the English government to grant a number of visas for Torah scholars. He was thus directly responsible for saving the lives of, among many others, R. Velvel Soloveitchik and R. Shakh.[17] This fact alone should have been enough to prevent any scurillous accusations directed against R. Herzog.
On pp. 226ff. there appears a 1941 letter, dated 24 Elul, from R. Shlomo Yosef Zevin to the Hazon Ish asking him about the problem of Shabbat in Japan for those who had escaped the Nazi clutches. R. Zevin wrote to the Hazon Ish at the request of R. Herzog, who said that only two people in the Land of Israel were expert in this matter, R. Tukatchinzky and the Hazon Ish.
There is a good deal that can be said about R. Zevin’s letter and the Hazon Ish’s response, but that is not my concern at present. Yet I must at least mention that the editor provides another letter from the Hazon Ish in which he expresses his displeasure that R. Zevin’s Torah writings had appeared in the newspaper Ha-Tzofeh. According to the Hazon Ish, these should have been published as a special booklet, as it is inappropriate to publish Torah articles in a newspaper that in the end is used to wrap food in. He also mentions that Ha-Tzofeh itself is not suitable, referring obviously to its Religious Zionist outlook. (R. Zevin would, over his lifetime, write hundreds of articles for Ha-Tzofeh, many of which have not yet been collected in book form.)
Also noteworthy is that in his reply to R. Zevin the Hazon Ish raises the possibility that the viewpoint of the rishonim would have to be rejected if it turns out that they were mistaken in their understanding of the metziut.

העומד עדיין על הפרק הוא אם טעם הראשונים ז”ל הוסד על המחשבה שאין ישוב בתחתית הכדור, ואז נקח עמידה נועזה לנטות מהוראת רבותינו ז”ל ולעשות למעשה היפוך דבריהם הקדושים לנו ולכל ישראל, או שאין לדבריהם שום זיקה לשאלת ישוב התחתון.
(In a later letter, quoted on p. 231, we see a different perspective.) In R. Zevin’s letter he mentions why the issue of Shabbat in Japan was so pressing. R. Herzog had recently received a telegram from Kobe, Japan, asking on what day the Jewish refugees should fast.[18] Here is a copy of the telegram, as it appears in David A. Mandelbaum’s Giborei ha-Hayil, vol. 1.





















































Genazim u-She’elot u-Teshuvot Hazon Ish, p. 227, makes the astounding assertion that this telegram was a scheme cooked up by the Chief Rabbinate (i.e., R. Herzog).This would enable R. Herzog to call a gathering a great Torah scholars at which time he could push them to accept his opinion in opposition to the viewpoint of the “gedolei Yisrael.” It is hard to imagine a more outrageous accusation directed against a man of unquestioned piety such as R. Herzog.

Quite apart from the slander I have just pointed to, the volume also contains a good deal of ideologically based distortion, which is why it is noteworthy that it not only includes the letter from the Hazon Ish to Saul Lieberman (p. 330) that I published in Saul Lieberman and the Orthodox,,[19] but even identifies him in the following respectful way:
המכתב נשלח לבן דודו פרופ’ ר’ שאול ליברמן ז”ל מחה”ס תוספתא כפשוטה, ירושלמי כפשוטו וש”ס.
Considering how Lieberman is persona non grata in the haredi world, I find this identification, as well as mention of his books, nothing sort of remarkable.[20]
In fact, the story gets even more interesting. A couple of months ago volume two of Genazim u-She’elot u-Teshuvot Hazon Ish appeared. Before I was able to get a copy, people emailed me to let me know that this volume contained a lengthy letter from Lieberman to the Hazon Ish. (I thank Ariel Fuss for sending me a copy of the letter.) It appears on pages 207-209 and is really fascinating. Leaving aside the talmudic analysis, the end of the letter shows the different outlooks of these cousins. We see that the Hazon Ish had criticized Lieberman for referring to Prof. Jacob Nahum Epstein as mori ve-rabbi. Lieberman didn’t understand why the Hazon Ish found this objectionable, since Epstein was a pious Jew and Lieberman learnt many things from him, “true Torah and not the path of the maskilim but that of our teachers of blessed memory, who search for the truth in the words of Hazal, in all possible ways, and many obscure places in the Jerusalem Talmud were explained to me precisely through this approach.”[21]
Lieberman then turns to another criticism of him by the Hazon Ish, that he was not devoting himself adequately to his Torah study. It is hard to know what to make of this critique, as who was more devoted to his studies than Lieberman. Lieberman defends himself from this accusation, noting:
אני לפעמים נופל על הספסל מחוסר אונים מרוב התאמצות ויושב אני לפעמים כמה ימים על סוגיא אחת עם ראש חבוש.
Here is Lieberman’s grave, in the Sanhedria cemetery. Note who he is buried next to. (As I mentioned in Saul Lieberman and the Orthodox, according to Chaim Herzog, Lieberman was R. Herzog’s closest friend. It is therefore fitting that he be buried next to R. Jacob David.)
3. Regarding the last post, a number of people emailed me pointing out other “immodest” title pages and also learned women that I didn’t mention. I thank all who emailed. Many of the other title pages I knew about and might refer to at a future time, but the post was specifically concerned with censorship of title pages, and this explains the ones I cited. One of the commenters did refer to a title page that I did not know, from a 1731 Hamburg manuscript. See here (the rest of the Haggadah has other interesting pictures). If you ever needed an example of how what we today regard as unacceptable is not necessarily how people hundreds of years ago viewed matters, this is it.[22]
Regarding learned women, a great deal has obviously been written about this and I don’t see it as my purpose to simply repeat what others have written elsewhere. I hope that in the prior post (and indeed in all my posts), people find new material and learn things that they wouldn’t know from elsewhere, even those who are experts in the various topics.
Since the matter has been raised again, le me mention something that I originally was going to write about. At the last minute I took it out, as I was convinced (by both a scholar who will remain anonymous and Prof. Shamma Friedman) that I was in error.
Tosefta Ketubot 4:7 (and the parallel passage in J. Ketubot 5:2) reads:
נושא אדם אשה . . . על מנת שתהא זנתו ומפרנסתו ומלמדתו תורה.
It then follows by telling us that R. Joshua son of R. Akiva arranged exactly this sort of marriage. I think that if you show this passage to people, and cover up the commentaries, they will translate it to mean that a man can marry a woman on the condition that she will take care of his physical sustenance “and will teach him Torah.” (This is how Neusner translates in his Tosefta and Yerushalmi translation, and is also found in some academic articles.) Yet all of the traditional commentaries understand this text to mean that the woman provides the financial support her husband needs in order that he is able to study Torah on his own. For a while I assumed that this was an apologetic understanding by the commentators, and we know that the Talmud does offer a few examples of learned women. Yet as mentioned, I was convinced of my error.[23] In email correspondence, Friedman also called attention to other unusual Hebrew formulations which don’t mean what they literally say. For example, Yevamot 13:12 states: בא על יבמה גדולה תגדלנו. Yet this does not mean that she has to raise the boy, but only that she has to wait until he is of age to give her a divorce. He also pointed to Nazir 2:6 (and see also 2:5) which uses the language of הרי עלי לגלח חצי נזיר and this has nothing to do with shaving the Nazir.
One final point I would like to make about learned women is that before drawing any conclusions about their knowledge, we must be sure that we are not dealing with ghost writers. For example, Dov Katz, Tenuat ha-Mussar (Jerusalem, 1982), vol. 1, p. 242 n. 30, refers to the wife of R. Aryeh Leib Horowitz (the son of R. Israel Salanter) as a “learned woman” based on the introduction she wrote to her deceased husband’s Hayyei Aryeh (Vilna, 1907). Here is the text.

I can’t prove it, but I am very confident that someone wrote this on behalf of the wife, who was a traditional rebbetzin, not a maskilah.

4. In preparation for the trip I am leading to Italy in July (we still have room for some more people, and also for the August trip to Central Europe), I thought it would be helpful to read the letters of R. Ovadiah Bartenura. Right at the beginning of the first letter[24] I found something very interesting. I immediately suspected that this passage would be omitted from a translation directed towards the Orthodox masses. I checked, and lo and behold, the passage is indeed deleted. Here is the text:

Note how R. Ovadiah testifies that while the Jews in Palermo were careful about not drinking non-Jewish wine, which was noteworthy since elsewhere in Italy Jews routinely consumed this, their sexual morality and observance of the Niddah laws left something to be desired. He claims that most young women there were already pregnant at their wedding.
Here is how the page appears in the translation by Yaakov Dovid Shulman:
This text was censored even though the preface to the book states: “In publishing these letters in their entirety, including the critical comments made by Rabbi Ovadiah Bartenura of those people and practices of which he disapproved, the assumption is made that these criticisms were written to instruct the reader and not to denigrate any individuals.” As you can see, the letter has not been published in its entirety, and if one were to go through the text carefully, perhaps some other deleted passages would be discovered.[25]
5. I have done six posts on R. Kook and from email I receive I know that some people want me to return to this. I plan to, but I still have a few more posts to do before I get to that. In the meantime, however, I want to inform readers that a new volume of R. Kook’s writings has just appeared. It is called Ginzei ha-Rav Kook and I thank R. Moshe Zuriel for drawing my attention to it. My sense is that this volume does not have much importance, as much of it, and maybe even the majority, has already appeared in other collections, particularly the Shemonah Kevatzim. I was able to determine this using the R. Kook database, which except for the most recently published material includes all of R. Kook’s writings.
I did find one passage (p. 87, no. 85) which I am pretty sure has not yet appeared, even in the most recent writings. It relates back to a point I already called attention to in R. Kook, namely, his privileging of the pious masses over the Torah scholars in certain ways. One rabbinic text that would appear to oppose R. Kook’s conception is the famous Avot 2:5: ולא עם הארץ חסיד. See how R. Kook neutralizes this text, pointing out that there are a lot of things more important than being a hasid. Here is R. Kook, a member of the rabbinic elite, nevertheless insisting that the am ha-aretz can have just as much holiness as the Torah scholar, be visited by Elijah, and even have ruah ha-kodesh:
“ולא עם הארץ חסיד”. אבל מה שהוא למעלה מהחסידות, כמו קדושה וענוה ותחית-המתים וגילוי אליהו ורוח-הקודש, מפני גודל קדושתם הם שוים לכל נפש. כי כל לבבות דורש ד’, ואחד המרבה ואחד הממעיט ובלבד שיכוון לבו לשמים, ומעיד אני עלי שמים וארץ, אמר אליהו, בין איש בין אישה, בין עבד בין שפחה, בין נכרי בין ישראל, הכל לפי מעשיו רוח הקודש שורה עליו. וכיון שלא יצאו שפחה ונכרי מכלל רוח-הקודש, קל-וחומר שלא יצא עם-הארץ שהוא מזרע קודש, מעם ה’ וצבאותיו אשר הוציא ממצרים להיות לו לעם נחלה כיום הזה, סגולה מכל העמים.
(The reference to Elijah is from Tanna de-Vei Eliyahu, ch. 9.)
P. 112, no. 104, returns to a theme I have also dealt with, that study of halakhic details can be problematic for a mystical personality such as R. Kook.[26] Yet he adds that this is still the job of the righteous ones, and we can see here an autobiographical reflection.
אף על פי שלימודם של המצוות המעשיות בדקדוק קיומם מכביד לפעמים הרבה על הצדיקים הגדולים השרויים תמיד באור המחשבה העליונה, מכל מקום מתוך כח היראה העליונה שבלבבם, מתגברים הם גם על שפע קדושתם, ועוסקים בתורה ובמצוות במעשה ובדקדוק, אף על פי שהם צריכים למעט על ידי זה את אורם העליון.
Can we also see an autobiographical reflection on p. 114, no. 106, where R. Kook speaks about the righteous who want the world to recognize their greatness and holiness?
לפעמים מתגלה בצדיקים גדולים תשוקה גדולה, שיכירו הכל את מעלתם ושיאמינו בקדושתם. ואין תשוקה זו באה כלל משום גסות הרוח או אהבת כבוד המדומה, כי אם מפני החשק הפנימי של התפשטות האור הטוב שבהם על חוג היותר רחב האפשרי. וזהו מעין התשוקה של הופעת החכמה על ידי המצאות טובות וספרים טובים שכשהיא אידיאלית היא עומדת בנקודה היותר עליונה שבאור הנשמה הא-להית.
He then returns to the difficulty the Tzaddik has with halakhic particulars (p. 115):
ישנם צדיקים גדולים כאלה, שהם למעלה מכל שרש הדינים, ועל כן אינם יכולים ללמוד שום דבר הלכה. וכשהם מתגברים על טבעם ועוסקים בעומקא של הלכה, מתעלים למעלה גדולה לאין חקר, והם ממתקים את הדינים בשרשם.
[1] R. Yaakov Yisrael Stoll, in his recently published Segulah (Jerusalem, 2012), pp. 50ff., takes it as a given that Kalir is post-tannaitic.
[2] Israel Davidson, Mahzor Yannai (New York, 1919), p. xlix                     
[3] Ibid, p. xxv.
[4] Unless R. Ephraim was misinformed about Lombardy, this practice must have changed at some time because we know that in Lombardy the piyut was recited on Shabbat ha-Gadol. See R. Moshe Rosenwasser, Le-Hodot u-le-Halel  (Jerusalem, 2001), p. 379. As Rosenwasser points out, R. Ephraim is also the source for the story of R. Amnon of Mainz writing U-Netaneh Tokef.
[5] This is impossible as in one of his hymns he tells us that is father’s name is Jacob. See R. Simon Federbush, Ha-Lashon ha-Ivrit be-Yisrael u-ve-ha-Amim (Jerusalem, 1967), pp. 70-71.
[6] This identification explains how in Italy Jews with the Hebrew name Mordechai were sometimes given the vernacular name Angelo (= מלאכי). See Cecil Roth, Venice (Philadelphia, 1930), p. 168.
[7] This identification is rejected by Rashbam. See his commentary to Num. 12:1. Regarding Rashbam’s comment, see the lengthy discussion of Lockshin in his translation. While Rashbam rejects the notion that the Cushite is Tzipporah, he apparently has no problem repeating the legend  that “Moses reigned in the land of Cush for forty years and married a certain queen [from there].” He knew this legend from the work Divrei ha-Yamim de-Moshe Rabbenu, although as Lockshin mentions, it is also found in more “kosher” sources, such as Yalkut Shimoni. Ibn Ezra also cites the legend of Moses ruling in Cush in his commentary to Num. 12:1, despite the fact that in his commentary to Ex. 2:22 he writes:
Do not believe what is written in the book called the History of Moses. I will give you a general rule. We should not rely on any book not written by prophets or by the sages who transcribed traditions passed on to them. We definitely should not rely on these books when they contradict reason. The same applies to the Book of Zerubavel, the Book of Eldad ha-Dani, and similar compositions.
In a previous post I discussed Rashi’s understanding of the word Cushite, and how it is not to be taken literally. Ibn Ezra does take it literally (and still thinks that it refers to Tziporah). As with Rashi, he assumes that Cushites are not very attractive and explains that Miriam and Aaron, who spoke negatively about Moses, “suspected that Moses refrained from sleeping with Tzipporah only because she was not beautiful.” (Commentary to Num. 12:1).
Regarding the Cushite woman, I found something strange in R. Joseph Solomon of Posen’s Yesod Yosef (Munkacs, 1907), p. 8b. This is how he explains Aaron’s and Miriam’s talk against Moses on account of the Cushite he married (Num. 12:1):
מרים ואהרן רצו לתלות בוקי סריקי במשה ולהטיל מום בקדשי’ לפי דברי התרגום שני שפירש אשה כושית מלכה כוש שטימא את ברית קודש ובעל בת אל נכר וכל ביאה שאינה בהיתר נקרא הוצאת זרע לבטלה
R. Joseph Solomon goes on to explain why Aaron and Miriam were mistaken in their judgment.
[8] See R. Joseph Zekhariah Stern, Zekher Yehosef, Orah Hayyim no. 121 (p. 34a). R. Shmuel Avraham Adler, Aspaklaryah, vol. 27, s.v. shem, pp. 119ff
[9] R. Menahem Azariah of Fano acknowledges that when it comes to Elijah-Pinhas, most scholars understood this literally. Yet he rejected this position, perhaps because it would require Pinhas to have lived at least 350 years.) See Asarah Ma’amarot, Hikur Din section 4 ch. 18:
ואף על פי שיש מרבותינו אומרים בפשיטות פינחס הוא אליהו אין הדבר כמחשבת המון החכמים שפינחס לא מת ושקיים בעצמו שנוי השם.
[10] Opponents of gilgul had argued that if this was an authentic Jewish doctrine, certainly the Talmud would have mentioned it. R. Elijah Benamozegh argues that these texts, identifying various people as one and the same, are the proof that the talmudic sages indeed accepted reincarnation. He assumes that for many of these passages, where the different eras of the individuals mentioned is an obvious problem, no one with any intelligence can believe that the Talmud meant these passages to be understood literally. The meaning must therefore be reincarnation. See Eimat Mafgia, vol. 2, p. 2b:
איככה יוכל האיש לא טח עיניו מראות להניח כי לבן הארמי אשר חי בימי יעקב אבינו הוא עצמו בלעם הרשע, אשר היה בימי בני בניו האחרונים . . . וחירם שהיה בימי שלמה הוא אשר היה בימי יחזקאל . . . כיצד נוכל לייחס הבנתם הפשטית לחכמינו הקדושים אשר גם לפי דעות המנגדים לא יתכן לתלות בהם חסרון ושגעון כ”כ עצום כאשר כל אחד יראה בדמיונות האלה.
There are two books entitled Eimat Mafgia, one by Benamozegh and the other by R. Moses ben Ephraim of Brody (Warsaw, 1888). Both of them are directed against R. Leon Modena’s Ari Nohem. The title comes from Shabbat 87b: אימת מפגיע על ארי
[11] Meor Einayim, ch. 18; Mevo ha-Talmud, ch. 21, in Kol Sifrei Maharatz Chajes, vol. 1. In other words, the peshat is not literal. According to traditional commentaries, we find plenty of examples of this in the Bible also. Thus, when the Torah speaks of God’s outstretched arm, Maimonides insists that the peshat is that these words are not to be understood literally. Many have argued that even according to the peshat “an eye for an eye” is not to be understood literally. I think that most people today who read the book of Job will conclude, as did Maimonides, that the peshat is that it is not a historical tale.
[12] See Megillah 14b, Tosafot, Megillah 3b s.v. melamed, Maharsha, Hidushei Aggadot, Eruvin 63b (why does he quote Tosafot and not the Talmud in Megillah14b?), R. Samuel Strashun’s note to Eruvin 63a.
[13] Some people might have been led to thinking this because his letter was published in Yeshurun, which has in the past published articles that have engaged in censorship and ideological distortion. In the most recent volume, Nisan 5772, which also contains the Hillman letter, we find another instance of the disrespect for Torah scholars that is routine, and almost required, in haredi literature, and which in previous posts I have provided numerous examples of. (I refer obviously to Torah scholars not in the haredi camp.) On pp. 456-467,  there are letters from five deceased rabbis to R. Avraham Zeleznik. Four of them have the acronym זצ”ל put after their name. The only one who doesn’t merit זצ”ל, and instead is given ז”ל , is the Zionist R. Avraham Shapira (who incidentally was by far the most distinguished Torah scholar of the five.) R. Shapira also wasn’t provided with a short biography, presumably because then his position as Rosh Yeshiva of Merkaz ha-Rav and Chief Rabbi of the State of Israel would have to be mentioned.
[14] See here. With regard to Hillman, in this post I misstated his genealogy. Prof. Shlomo Zalman Havlin wrote to me as follows:
יש לתקן: הגרד”צ אינו נכד של הגרמ”מ חן הי”ד כפי שכתב [ע”פ האיזכור מבטאון חב”ד שהשתבש.] הוא בנו של ד”ר אשר הילמן בעל משרד רו”ח בת”א, נינו של הגרד”צ, רבה הידוע של צ’רניגוב, אביו של הרמ”מ. אגב, גם המשוררת זלדה [מישקובסקי] היתה נכדת הגרד”צ מצ’רניגוב, ואף אחיינית האדמו”ר האחרון מליובאוויטש.מאחיו של הגרמ”מ היה הרב אברהם חן, שהיה סופר מעולה, מחבר ‘במלכות היהדות’, קונטרס יפה ומרגש על אביו  
הגאון. היה רבה של שכונת בית הכרם [כמדומה שהיתה זו שכונה שלא נזקקה לרב]. מעניין לעניין, כדאי להוסיף, כי לגרמ”מ דובר בשעתו שידוך עם בתו של ר’ חיים מבריסק. לצ’רניגוב בא שליח להכיר את החתן המיועד, ולפי התיאורים ששמעתי ,הוא היה כנראה הגאון ר’ זלמן סענדר, אביו של הגאון ר’ אברהם בעל דבר אברהם, ורבה של קובנה [הוזכר ג”כ במאמר זה]. וכמה נשים ממשפחת הגרד”צ נסעו לבריסק להכיר את הכלה ומשפחתה. בגלל שיבושי הדואר הרוסי, חשבו בצ’רניגוב שאין תשובה, בעוד התשובה החיובית נדדה לעיר אחרת, והשידוך כידוע לא יצא אל הפועל. אגב, שמעתי, כי הנשים ממשפחת הגרד”צ כששבו אמרו, שלאור המסופר על גדולת ר’ ‘חיים וכו’, הרי כאשר שמעוהו בתפילת ערבית, אמרו, אצל אבא רואים יותר אפילו ב”אשר יצר
[15] See the response to Hillman by R. Ephraim Greenbaum (Kasher’s grandson), in Ohel Leah Sarah, pp. 942-943.
[16] Mi-Katovitz ad Heh be-Iyar (Jerusalem, 1995),  pp. 130ff.
[17] See A. Bernstein et al., Yeshivat Mir: Ha-Zerihah be-Fa’atei Kedem (Bnei Brak, 1999), vol. 1, pp. 218-219.
[18] One of my high school teachers was with the Mir yeshiva during the War. He told us how on Yom Kippur some people actually fasted for two days, eating pahot mi-ke-shiur after the first day so that they would be able to fulfill both the opinion of R. Herzog and the rabbis aligned with him as well the Hazon Ish’s view.
Fasting two days on Yom Kippur is actually not new. Ibn Ezra records how certain people did it in medieval times. He minces no words about what he thinks of them. See Sefer ha-Ibur, ed. Halbertam, pp. 4a-b:
ואם טען טוען הלא אתם אומרים כי שני ימים טובים צוו לעשות קדמונינו בעבור הספק למה לא קבעתם צום כפור שני ימים גם יש טפשי עולם מחברינו שיתענו שני ימים ואני אראה להם שלא יועיל להם תעניתם כי הוא שוא ושקר.
[19] This letter was previously printed in Sefer Zikaron Tuv Moshe (Bnei Brak, 2008), p. 253, and here too Lieberman is referred to respectfully. This book does not inform the reader where it found this letter, although Genazim u-She’elot u-Teshuvot Hazon Ish informs us that its source is Sefer Zikaron Tuv Moshe. I know that a number of copies of Saul Lieberman and the Orthodox made their way around Bnei Brak, and one of them apparently found its way to the editor of Sefer Zikaron Tuv Moshe.
[20] With reference to the Hazon Ish’s family, in Saul Lieberman and the Orthodox I noted how the Steipler stated that one should not study Lieberman’s books since he left the Orthodox world. Last year a new edition of the Tosefta was published and included some questions to R. Chaim Kanievsky. In the original question the authors spoke negatively about Lieberman. When they gave the page with their question and R. Hayyim Kanievsky’s reply to the typist (who might even have been a woman) they added the word להשמיט with reference to the comment about Lieberman. Perhaps this was because they didn’t want people to know about the family connection between the Hazon Ish and Lieberman. However, the typesetter didn’t understand their intention and included the word להשמיט, thinking that this word was to be added to the text. Here is the page (click to enlarge, or see detail directly below it).

Portions of the letter of the Hazon Ish to Lieberman, referred to on this page, are also found in Kovetz Iggerot Hazon Ish, vol. 3, no. 2.

I just mentioned women typists, which is common in the haredi world (Kitvei R. Weinberg vol. 1, which was printed by a Satmar company, was typed by a woman.) Let me now turn to what I think is an example of a woman translator, and I thank Elchonon Burton for bringing this text to my attention. Here are two pages from R. Shakh’s Lule Toratekha.

In it he mentions how the Hafetz Hayyim famously referred to Adam ha-Kohen as yemah shemo. Adam ha-Kohen was the pen name of Abraham Dov Baer Lebensohn, and for more on how the Hafetz Hayyim viewed him, see S.’s post here. Note how R. Shakh adds שר”י  to Adam ha-Kohen’s name. This stands for שם רשעים ירקב (“the name of the wicked shall rot” – Prov. 10:7) and is only applied to the most wicked.

Here is how this passage appears in Artscroll’s English translation, Rav Shach on Chumash.

The translator did not understand what שר”י means and assumed that it was part of his name, creating a previously unknown maskil, Adam HaKohen Sherry. Based on this error, I assume that the initial translation was done by a woman who knew modern Hebrew but not “rabbinic code.” The final translator, who is a talmid hakham, probably just revised the initial translation. Now knowing anything about the Haskalah, when he saw the name Sherry it didn’t raise a red flag leading him to check the original. S. pointed out to me that in the Wikipedia entry for Yimach Shemo, Adam HaKohen Sherry also makes an appearance.

[21] While on the topic of Lieberman, let me note that he has an unknown article in Otzar ha-Hokhmah 10 (1934), pp. 83-84, signed ש. ל.. In this short article he criticizes some of what R. Leopold Greenwald wrote about the Jerusalem Talmud. I refer to this article as “unknown” because I have never seen anyone refer to it, and it is not found in Tuvia Preschel’s bibliography of his writings included in Sefer ha-Zikaron le-Rabbi Shaul Lieberman, ed. Shamma Friedman (New York and Jerusalem, 1993).
 [22] After writing these words I saw that the title page of this haggadah was included in Leon Wieseltier’s article in the most recent Jewish Review of Books (Spring 2012), which is presumably where the commenter saw it. See here. See also this post regarding a different Haggadah, and see also Dan’s post here.
Here are some other pictures that I think people will find interesting. They appear in R. Leon Modena’s Tzemah Tzadik (Venice, 1660). This is not found on hebrewbooks.org but is on Otzar ha-Hokhmah (at least for now). This particular copy was originally part of Elkan Nathan Adler’s collection. (Adler used for his middle name the name of his father, R. Nathan Adler, chief rabbi of England. This was not unusual. To give another example, R. Samson Raphael Hirsch’s father’s name was Raphael.) Here is Adler’s book plate. His Hebrew name was Elhanan.
From Tzemah Tzadik, here is an illustration showing love of people.
Here is one showing love of man and wife.

Here is an “immodest” picture showing mermaids, which Modena, like so many others of his time, believed in.

Modena’s name does not appear on the title page of Tzemah Tzedek, but he reveals his authorship at the beginning of ch. 1, where first letters of the first sixteen words read: יהודה אריה ממודינא

Here is the page.

[23] He had already corrected Tal Ilan in this regard. See “A Good Story Deserves Retelling – The Unfolding of the Akiva Legend,” Jewish Studies Internet Journal 3 (2004), p. 85 n. 96.
[24] Darkhei Tziyon (Kolomea, 1886), pp. 5a-b
[25] As part of my preparations for the trip I have also been reading Elliot Horowitz’ many important articles on Italy. Not long after finding the censored text I saw that Horowitz had already discussed this passage and showed that there is indeed a history of omitting and distorting it. See “Towards a Social History of Jewish Popular Religion: Obadiah of Bertinoro on the Jews of Palermo,” Journal of Religious History 17 (1992), pp. 140ff. While the examples Horowitz discussed are motivated by a Victorian style of writing, the example I give is probably motivated by a desire to shield the masses from the knowledge that even in pre-Reform Europe violation of halakhah was in many places a common phenomenon. It never ceases to amaze me how little knowledge of history some otherwise very intelligent people have, which I guess means that the censorship and rewriting of history is having an effect. Not long ago I was with someone who had spent a number of years in yeshiva, and he really believed that in 19th century Eastern Europe the porters and wagon drivers were all great talmidei hakhamim whose free time was devoted to mastering Shas.
[26] See also Tomer Persico, “Ha-Rav Kook: Al Tzadikim Gedolim ve-Yishrei Lev – be-Ma’alah ha-Hasagah ha-Mistit,” Moreshet Yisrael 5 (2008), available here.


Post-script by S. of On the Main Line:

Two points may be of further interest.

1) Regarding the Western Askenazic custom of using the father’s name as a middle name ala  the aforementioned R. Hirsch and Elkan Nathan Adler, E. N.’s two older half brothers also used  their father’s name, Nathan, as middle names; there was Marcus Nathan Adler, best known for his edition of Benjamin of Tudela’s Travels. In addition, Chief Rabbi Herman Adler also used it as a middle name, especially in his earlier years. In his university matriculation record from 1856 he is listed as “Hermann Nathan Adler.”

2) In addition to the coded acrostic self-reference by the author of Zemach Zedek in the opening lines referred to above (‘יושר האהבה וכו), R. Yehuda Aryeh Modena also refers to himself in the opening lines of the hakdamat ha-mekhaber: נודע ביהודה אלקים ובישראל אריה שאג.