Eliezer Brodt: The Chanukah Omission

The Chanukah Omission
by Eliezer Brodt

Every Yom Tov we celebrate has different questions relating to it which become famous and are discussed from all different angles. Chanukah too has its share of famous questions. In this post I would like to deal with one such question which is famous but the answers are mostly not. The question is why is there no special Meshecta devoted to Chanukah as opposed to all other Yom Tovim [1]. Over the years many answers have been given some based on hassidus, others based on machshava, and still others in a kabablistic vein [2]. In this post I will try to discuss a few different approaches to answer the question. In dealing with this question I will touch on some other topics amongst them what is Megilat Taanis, when was it written, and what Rabbenu Hakodesh did in regard to the writing of the Mishna.   One of the answers given to this question of why there is no Mishna on Chanuka is based on the famous Rambam who writes:

אבל דיני הציצית והתפלין והמזוזות וסדר עשייתן והברכות הראויות להן וכן הדינים השייכים לכך והשאלות שנתעוררו בהן אין ממטרת חבורנו לדבר בכך לפי שאנחנו מפרשים והרי המשנה לא קבעה למצות אלו דברים מיוחדים הכוללים את כל משפטיהם כדי שנפרשם, וטעם הדבר לדעתי פרסומן בזמן חבור המשנה, ושהם היו דברים מפורסמים רגילים אצל ההמונים והיחידים לא נעלם ענינם מאף אחד, ולפיכך לא היה מקום לדעתו לדבר בהם, כשם שלא קבע סדר התפלה כלומר נוסחה וסדר מנוי שליח צבור מחמת פרסומו של דבר, לפי שלא חסר סדור אלא חבר ספר דינים

(פירוש המשנה, מנחות פרק ד משנה א).

Thus, according to the Rambam, things that are well known were not required to be mentioned in the Mishna.  There are those who posit that this rationale applies to Chanukah.  That is, Chanukah was also well known that’s why it was not necessary to be written. [3] [Regarding the Rambam’s comments in general see R. Reuven Margolis in Yesod Hamishna Vearichasa pp. 22-23].   The problem with this answer would be best illustrated with R. Yakov Shor’s comments on this statement of the Rambam. [See R. Y. Shor, Mishnas Ya’akov Jerusalem:1990; 33-34]. R. Shor questions the entire premise of the Rambam that the laws and details of teffilin were well known when these mitzvot are very complicated with many details.  Indeed, they are arguably much more complex than kriyat Shema which does have its own mesechtah. To answer this, R. Shor suggests that there was a Mesectah Soferim devoted to the laws of teffilin – this is lost but forms the basis of our Mesectah Sofrim which we have today.   With this introduction we can perhaps understand the following answers to the question about Chanukah, of which the assumption is there was a Mescatas Chanukah but has been lost.   The Rishonim refer to “Seven Minor Meschetot,” however, the earlier Achronim did not have these Meschetot.  Today, we do have “Seven Meschetot,” although as we shall see not all agree that these are the same that the Rishonim had.  During the period these Meschetot were unknown there was some speculation as to what they contained.  R. Avraham Ben HaGra quotes his father about which were the titles of the שבע מסכות  אמנם שמעתי מאדוני אבי הגאון נר”ו שהשבע מסכות קטנות המה חוץ מאשר נמצא לנו והן מסכת תפלין ומסכת חנוכה ומסי’ מזוזה.

(רב ופעלים, הקדמה דף ח ע”א)

He repeats this in his introduction to Medrash Aggadah Bereshis (see also Yeshurun 4:228).   We see that the Gra held that there was a Mesechet titled Chanukah. Now as far as we know today none of the seven Meschetot are about Chanukah. [4]But it could very well be there was such a Mesechet which was lost.  R. David Luria (Radal) [5] assumes as much and uses this assumption to understand the Teshuvos Hageonim which states:

ובא אלינו איש חכם וחסיד זקן ודרש בישיבה כתיב ופן תשא עיניך השמימה וראית את השמש זה נדר ואת הירח זו שבועה… וסדר משנה תוספת על סדרי שלנו ראינו בידו שהיה מביא ולא זכינו להעתיק שסבתו גדולה ונחפז ללכת ואתם אחינו הזהרו בענין זה וטוב לכם.

(שערי תשובה, סימן קמג)

That is, this Geonic statement evidences additional Meschetot that are no longer extant.A different answer given by many [6] is that the reason why Rebbe did not have a whole Mesechet about Chanukah was because there was one already Megilat Tannis!   The Pirish ha-Eshel on Megilat Tannis (p. 58) wants to suggest that the Gra did not mean that there was a Mesechet titled Chanukah.  Instead, the Gra mean to reference Megilat Tannis.  Indeed, in earlier printings of the Shas it was included with the Meschetot Ketanyot. [7]   Whether or not the Gra meant Megilat Tannis many do say that Megilat Tannis is really Mesechet Chanukah as the most important chapter and lengthy entry is about Chanukah and therefore the question why Rebbi did not include a Meschet about Chanukah was simply because there was one already – Megilat Tannis.    This answer was backed up with a statement found in the Behag which says:

זקני בית שמאי ובית הלל,… והם כתבו מגילת תעניות

The problem with this answer is that while Megilat Tannis is our earliest written text (besides for Pirkei De-Reb Eliezer, see Radal’s introduction to his edition of the Pirkei De-Reb Eliezer) dating from much before our Mishnayot, Migilat Tannis contains significant additions from a later time. To clarify, in the standard Megilat Tannis there are two parts one written in Aramaic which are various fast days and one part written in Hebrew which includes a lengthier description of the topic. The Mahritz Chiyus and Radal say that the Aramaic part was written very early when it was not permissible to really write Torah Shel Bal Peh but at a later point when it was permitted to write than the Hebrew parts were added. Mahritz Chiyus says it was after the era of Rabenu Hakodesh. Earlier than him R. Yakov Emden writes in his introduction to his notes on MT that it was completed at the end of the era of the Tanaaim. Now, the bulk of the discussion regarding Chanukah that appears in MT is in the Hebrew part. Thus, historically, it doesn’t make sense that Rebbi did not include Chanukah in the Mishna because of sections of MT that had yet to be written.Indeed, the Gedolim who first suggested that MT is the reason why Rabbenu Hakodesh did not include it in Mishnayois were not aware of this point that it was written at two different time periods. However R. D. Horowitz in an article in Haples turns the historical difficultly on its head when he argues that the person who wrote those Hebrew parts was Rabbenu Hakodesh. [8] In fact, in one of the editions of Megilat Tannis it says on the Shar Blat Megilat Tannis which is Mesechet Chanukah (the original edition with the Pirush ha-Eshel). The problem with R. Horowitz point is that it seems most likely that it was later than Rabbenu Hakodesh.[9]

Another answer in the same vein as above was suggested by R. Schick (Torah Shleimah 3:156a).  R. Schik argues that there was a Sefer Hashmonaim which recorded the nissim etc written by Shamei and Hillel and therefore there was no separate Mishna. This seems to be based on the quote (quoted partially earlier) mentioned from the Behag which says:

זקני בית שמאי ובית הלל, הם כתבו מגלית בית חשמונאי

Others say this might be a reference to Sefer Makabeyium or Megilat Antiyucus. However although it is likely what we have is from early times but it is not clear at all how early it is from. [See Radal in his introduction to Pirkei De Reb Eliezer, Binu Shnos Dor Vedor, pp. 121-150; N. Fried in Minhaghei Yisroel, vol. 5, pp. 102-20; Areshet vol.4 p. 166; Y. Tabori, Moadei Yisroel Betekufos Hamishna Vehatalmud, p. 390; Moadim le-Simcha p. 253-265, and Hasmonai U-Banav p. 21].

Just for its bibliographical purpose in truth there is a book bearing the title Mesechet Chanukah but it was written in a parody form similar to Mesechet Purim of R. Klonymus the manuscript was printed in Areshet (3:182-191) [See also I. Davidson in Parody in Jewish Literature pg 39].  One of the things we see from this parody is the widespread custom of playing cards on Chanukah.     There is a interesting unknown correspondence on this topic between the Aderes and R. Yakov Kahana (Shut Toldos Yakov, Siman 29) about the topic of a Mesechet Chanukah.  The Aderes wrote to R. Kahana:

ומה שתמה על הש”ס למה לא הביאו האי בבא דמגילת תעניות גם אנכי הערתי בזה ומצאתי תמי’ זו בהגהת הרצ”ה חיות ז”ל ובימי עולמו כתבתי מזה בס”ד ולא אדע אנה. ואשר התפלא מדוע לא נמצא הא דחנוכה בירושלמי באמת גם במשנה לא נמצא אולם בסוף פ”ו דב”ק שם נמצא וגם מעט בירושלמי בשלהי תרומות. ואנכי מתפלא מאד דגם מצות כתיבת ספר תורה לא נמצא במשנה…

R. Yakov Kahana wrote a lengthy response.  He explained that it does not bother him that the Mishana does not mention this story of Chanukah from MT as the Bavli does not mention any of the incidences in MT. He is more bothered by the omission of the Yerushalmi of this story as the Yerushlmi does mention other incidences of MT.  As to writing a sefer Torah not being mentioned in the Mishana R. Kahana  gives a lengthy list of all the Mitzvos that are not discussed in the Mishna (and the list is long).     L. Ginsburg (Ginzei Schechter 2:476) writes :

וראוי להעיר שבתלמוד ארץ ישראל כמעט לא נזכרו דיני חנוכה כלל לא בדברי התנאים ולא בדברי האמוראים ורק בבבל שעובדי האש גזרו על מצוה זו וככל מצוה שמסרו ישראל נפשם עליה נתחזקה מאד בידיהם…

Another answer based on historical information is from the Edos Beyosef (2:15) who quotes the following Yerushalmi which says:

בימי טרוגיינוס הרשע נולד לו בן בתשעה באב והיו מתענין מתה בתו בחנוכה והדליקו נירות שלחה אשתו ואמרה לו עד שאת מכבש את הברבריים בוא וכבוש את היהודים שמרדו בך חשב מיתי לעשרה יומין ואתא לחמשה אתא ואשכחון עסיקין באורייתא בפסוקא ישא עליך גוי מרחוק מקצה הארץ וגומ’ אמר לון מה מה הויתון עסיקין אמרון ליה הכין וכן אמר לון ההוא גברא הוא דחשב מיתי לעשרה יומין ואתא לחמשה והקיפן ליגיונות והרגן אמר לנשיהן נשמעות אתם לליגיונותי ואין אני הורג אתכם אמרון ליה מה דעבדת בארעייא עביד בעילייא ועירב דמן בדמן והלך הדם בים עד קיפרוס באותה השעה נגדעה קרן ישראל ועוד אינה עתידה לחזור למקומה עד שיבוא בן דוד

(תלמוד ירושלמי, סוכה, פרק ה)

Based on this he [10] writes:

וכתיבת דיני נר חנוכה יש בה פירסום יותר מהדלקה מפני שהדלקה היא בבתי ישראל בזמן מועט חי’ ימים בשנה חצי שעה בכלל לילה ואפ’ זה סמיה בידן להדליק בפנים אם יש חשש סכנה אבל דבר בכתב קיים כל הימים ומתפשט בעולם על ידי כל אדם המעתיקם כל מה שרוצה… ומפני זה השמיט רבי כתיבת דיני חנוכה..

Another answer based on historical information is from R. Yeshouyah Preil in Eglei Tal who writes (pp. 17-18)

כי הנה אנדריונוס קיסר אחרי הכניעו את המורדים בביתר שפך כאש חמתו על כל ישראל וישבת חגם, חרשם ושבתם כי גזר על שבת ויום טוב מלה ונדה וכיוצא בו, אולם בימי המלך הבא אחריו אנטוניוס פיוס ידידו של רבי רוח לישראל כמעט, אך כנראה לא השיב את גזרת ההולך לפניו בדבר חנוכה, כי באמת יקשה גם על מלך חסיד כמוהו להניח חג לאומי כזה לעם אשר זה מעט הערה למות נפשו ואך בעמל רב נגרע קרנו זה שנות מספר, ועל כן לא היה יכול רבינו הקדוש נשיא ישראל לדבר בזה בפומי

R. Reven Margolis [11] has a very interesting answer to this question:

ובכן כאשר תלמי המלך בזמנו צוה להעתיק לו התורה שבכתב לידע מה כתיב בה כן התענייה הנציבות לידע תוכן התורה שבעל פה … דרישה כזאת היא אשר יכלה להמריץ את נשיא ישראל להתעודד ולערוך בספר גלוי לכל העמים תורת היהודים וקבלתם יסודי התורה שבעל פה להתודע ולהגלות שאין בה הטחת דברים נגד כל אומה ולשון ולא כל תעודה מדינית. ואחר אשר חשב רבי שספרו יבוקר מאנשי מדע העומדים מחוץ ליהודת שיחרצו עליו משפטם לפני כס הממשלה המרכזית ברומא. נבין למה השמיט ממשנתו דברים חשובים עקרים בתורת ישראל … כן לא שנה ענין חנוכה והלכותיה במשנה, בעוד אשר להלכות פורים קבע מסכת מיוחדת, שזהו לאשר כל כאלו היו למרות רוח הרומיים שחשבום כענינים פוליטיים חגיגת הנצחון הלאומי ותוקת חפשיותו.

R. Alexander Moshe Lapidos answers:

לא נכתבה מגילת חנוכה, לפי שנתקנה להורות תוקף תורה שבעל פה, ותולדתיה כיוצא שלא נכתבה… חנוכה המורה על תורה שבעל פה ע”כ לא ניתנה להכתב…
(תורת הגאון רבי אלכסנדר משה, עמ’ רנו).

Another answer given by R. Alexander Moshe Lapidos [12]:    דבקושי התירו לכתוב תורה שבעל פה והיו פסקי פסקי. מתחלה סתימת המשנה בימי רבנו הקדוש. ואחר זה בימי רבינא ורב אשי חתימת התלמוד, והשאר היו נוהגין במגלת סתרים עד שלאחר זה הותר לגמרי לפרסם בכתב כל מה שתלמיד ותיק מחדש. ורבנו הקדוש לא הרשה רק מה שהוא לפירוש לתורה שבעל פה ומה שיש לו סמך בכתוב, או מה שהוא לסייג, כמו הלל וברכות, ערובין, נטילת ידים, נר שבת ומגלה (מחיית עמלק). אבל חנוכה שאיננו לא פירוש ואין לו סמך בכתוב, ולא לסייג, לא היה נהוג רק במגלת סתרים בבריתות דר”ח ור”א… רק נרמזה במשנה ב”ק סוף פ”ו ואחריה הורשה לפרסם בכתב בתלמוד.

An interesting addition to this could be based on R. Shlomo Zalman Auerbach [13] who said:

 יש להבין אם מצוה זו כ”כ חביבה היא לנו, כמו שכתב הרמב”ם שמצוה חביבה היא עד מאד, למה באמת לא ניתנה ליכתב, אולם עיקר כריתת ברית שכרת הקב”ה עם ישראל הוא רק בעבור תורה שבעל פה כמו שכתב בגיטין ס’ ע”ב ומשום כך הואיל ומלכות יון הרשעה רצתה שלא יהי’ לנו ח”ו חלק באלקי ישראל, לכן נתחבבה מצוה זו ביותר שנשארה כולה תורה שבעל פה אשר רק על ידי תורה שבעל פה איכא כריתת ברית בינינו ובין ה’ ולכן אפילו במשניות לא נזכר כלל דיני חנוכה וכל ענין חנוכה כי אם במקומות אחדים בדרך רמז בעלמא.

R. Dov Berish Askenazi writes:

ולכן לא נכתב נס חנוכה בכתבי קודש רק הוא מקובל לנו מאבותינו הקדושים שכל עצמו של אותו נס לא בא רק להורות על אמתת הקבלה אשר מורשה היא לנו איש מפי איש עד משה רבינו מסיני…
(נודע בשערים, דף קי ע”ב).

Another answer suggested by R. Chanoch Ehrentreu [14]is that:

שגוף המשנה על חלקיה העיקריים הוא מעשה אנשי כנסת הגדולה… לאחר ימי אנשי כנסת הגדולה השלימו תנאים במקום שהיה טעון השלמה והוסיפו בשעה שנזקקו להוסיף, וחלקו על פירושה של משנה ראשונה וגם מסרו מחלוקות אלה לדורות. אך המשנה עצמה עתיקה מהלכות חנוכה. לכן ברור שתנאים שנו הלכות בענין חנוכה ונר חנוכה, אך כיון שכבר לא נמצא להם מקום בגוף המשנה נאספו אלה בברייתות.

This answer is assuming that there were parts of the Mishna that existed earlier than Rebbe and he was just an editor, this leads us to the next explanation.One of the most famous answers given to this question was by the Chassam Sofer who is quoted to have said:

מרגלא בפומי’ כי נס חנוכה לא נזכר כלל במשנה ואמר טעמו כי רבנו הקדוש מסדר המשנה הי’ מזרע דוד המלך ונס חנוכה נעשה על ידי חשמונאים שתפסו המלוכה ולא היה מזרע דוד וזה הרע לרבנו הקדוש ובכתבו המשנה על פי רוח הקודש נשמט הנס מחיבורו (חוט המשולש, דף נ ע”א).

Others bring this answer without saying a source [15]. This statement generated much controversy where many went so far as to deny that the Chasam Sofer said such a thing.[16] The bulk of the issues with this answer were dealt with by R. Moshe Zvi Neriah in an excellent article on the topic [17]. The most obvious being that Chanukah is mentioned in the Mishnah a few times the question is just why there isn’t a complete mesectah devoted to it.  The explanation in the Chasam Sofer seems to be based in part on the Ramban (not everyone agrees to this Ramban [18]) who writes:

זה היה עונש החשמונאים שמלכו בבית שני, כי היו חסידי עליון, ואלמלא הם נשתכחו התורה והמצות מישראל, ואף על פי כן נענשו עונש גדול, כי ארבעת בני חשמונאי הזקן החסידים המולכים זה אחר זה עם כל גבורתם והצלחתם נפלו ביד אויביהם בחרב. והגיע העונש בסוף למה שאמרו רז”ל (ב”ב ג ב) כל מאן דאמר מבית חשמונאי קאתינא עבדא הוא, שנכרתו כלם בעון הזה. ואף על פי שהיה בזרע שמעון עונש מן הצדוקים, אבל כל זרע מתתיה חשמונאי הצדיק לא עברו אלא בעבור זה שמלכו ולא היו מזרע יהודה ומבית דוד, והסירו השבט והמחוקק לגמרי, והיה עונשם מדה כנגד מדה, שהמשיל הקדוש ברוך הוא עליהם את עבדיהם והם הכריתום: ואפשר גם כן שהיה עליהם חטא במלכותם מפני שהיו כהנים ונצטוו (במדבר יח ז) תשמרו את כהונתכם לכל דבר המזבח ולמבית לפרכת ועבדתם עבודת מתנה אתן את כהונתכם, ולא היה להם למלוך רק לעבוד את עבודת ה’: (בראשית מט,י)

R. Weinberger [19]says that what the Chasam Sofer meant was:

 דגם זה עשה רבינו הקדוש לשם שמים כמו דכל מעשיו היו לשם שמים, כלומר מאחר דחשמונאים דעל ידיהם נעשה הנס, והמה עי”ז עשו שתפסו המלוכה מזרע דוד, ולהכי לא הזכירם במשנה ולא מחמת כבודו וכבוד בית אבותיו.

Interestingly enough the Chasam Sofer in his Chidushim on Gittin (78a) writes:

ואל תתמה שהרי בשום מקום במשנה לא נזכר שיניח אדם תפלין… ולא תנן חייב אדם להדליק נר חנוכה אל גץ… ונר חנוכה גופא היכי הוזכר במשנה אלא רגילים הי’ בכך ולא הזכיר…

Whether the Chasam Sofer did say it or not we have testimony from a reliable source that another godol said it as is recorded by Chasdei Avos [20]who is citing the Chidushei Harim:

דבשביל שהי’ לבם של בית הנשיא מרה על החשמונאים, שנטלו מהם המלוכה, והוא נגד התורה דלא יסור משבט יהודה, כמו שכתב ברמב”ן ויחי, לכן לא הזכיר רבנו הקדוש דיני חנוכה במשנה.

This explanation of the Chasam Sofer (nothing to do with him saying it) was the accepted explanation in most of academic literature for many years  as to why the Mishna omits the story of Chanukah. A while back G. Alon wrote a now classic article proving that this was not true at all. A little later on S. Safrai backed this up. They both showed that there is positive mention of the Chasmonim in Halacha.[21] To conclude this recently a very through and important article was written on the topic by M. Benovitz  printed in Torah Lishmah (pg 39-78) showing how the Yom Tov of Chanukah developed over time. But due to lack of time I can not discuss what he says. [Thanks to M.M. Honig for this source]. This whole issue was a small part of a famous debate started a while back. In 1891, Chaim Slonimski wrote a short article in Hazefirah (issue #278) questioning why there is no mention in Sefer Hasmonaim and Josephus of the miracle of the oil lasting eight days. Furthermore, he questioned why the Rambam omits the miracle of the oil when detailing the miracles of Chanukah. [The truth is this general question was raised much earlier by the Meor Eynayim (ch. 51, p. 429)] As can be expected this article generated many responses in the various papers and journals of the time and even a few seforim. A little later while defending his original article Slonimski wrote:

וכל דיני הלכות חנוכה לא מצינו בדברי בעל המשנה רק מן האמוראים שגמרא שבת…

R. Ginsberg in his Emunat Chachimim (pg 4a-4b) already points out that it is mentioned in Baba Kama. But I think his point was more about sefer Chashmonim and Yosefin. R. Lipshitz in Derech Emunah defended this based on MT as quoted above. R. Y. Sapir (Nes Pach Shel Shemen, pg 30) also wrote such a defense. But Slonimski said that the MT is a late addition.[22]

 

Notes: *I would like to thank to Professor Spiegel, M.M. Honig and Dan Rabinowitz for their help with this post.

[1] Chanukah is mentioned a few times in Mishnayos but the issue here is why isn’t there a whole Mesechet devoted to it. See Machnayim 34:81-86 [See Tifres Yeruchem pg 60, 414]. As an aside, in the Zohar there is also no mention of Chanukah see Tifres Zvi (3:397,465) and R. Yakov Chaim Sofer in Beis Aron ve-Yisroel (18:2, pg 110) and his Menuchos Shelomo (11: 43). [2] Chasidus sources: see Bnei Yissaschar , Ohev Yisroel and Moadim le-Simcha p. 38. For machashava sources see Sifsei Chaim (2:131); Pachad Yitzchak (pp. 29-32); Alei Tamar (Megilah p. 87); R. Munk, Shut Pas Sadecha, (introduction, p. 7). As to Kabblah the Yad Neman writes (p. 2b) that when he met R. Dovid Pardo author of the classic work on Toseffta Chasdei Dovid he told him a reason based on kabblah.     [3] The earliest sources who says this answer is R. Hayyim Abraham Miridna, Yad Neman, Solonika, 1804, p. 2b.  Subsequently, many others give this answer (all on their own) such as the Mahritz Chiyus (Toras Haneviyim p. 105), R. Yakov Reiffmann (Knesses Hagedolah (3:90)), Pirish ha-Eshel on Megilat Tannis (p. 58b) Beis Naftoli son (#28), Yad Yitchach (#295) R. Hershovitz in Minhagei Yeshurun (pg 48) Dorot Harishonim (4:46a) [see also R. Eliyhu Schleiseinger in Moriah (25:123) and in his Ner Ish Ubeso pg 338-339].  [4] See Heiger in his introduction to Mesechtot Ketanot p. 6 and M. Lerner in The Literature of the Sages volume one pg 400-403 (thanks to P. Roth for this source).    [5] Radal notes to Midrash Rabbah Emor (22:1). See R. Nachman Greenspan, Pilpulah Shel Torah p. 60 and his Melechet Machshevet p. 6. See also the Radal’s comments in Kadmus Hazohar at the end of section two;  R. Dovid Hoffman, Mishnah ha-Rishonah, pp.12-13;Yesod Hamishna ve-Arechsa  p. 29 (and nt.15) & 17.  [6] The earliest source who says this is R. Yosef Hayyim ben Siman, Edos Beyosef, Livorno, 1800 (2:15). The Chida quotes this explanation in his dershos Devarim Achadim (derush 32) R. Lipshitz in Derech Emunah p. 24 also provides this explanation.  [7] Pirush ha-Eshel p. 58 see also his introduction to MT. The piece on pg 58 is not found in the new Oz Vehadar edition as the Pirish Haeshel was printed only partially see this post. It would appear that the Gra held there was a real meschatah called Chanukah like the Radal seems to understand him as his great nephew brings in his introduction to his work on Avos Beis Avos writes:   ואמר לי איך ששמע מדו”ז הגאון מו”ה אלי’ ז”ל שהיו כמה וכמה מסכות על המדות כמו מסכתא ענוה ומסכתא בטחון וכדומה רק שנאבדה ממנו.   [8] Mahritz Chiyus, vol. 1, pp. 153-54; Radal, Kadmus Hazohar, p. 269.  Haples vol. one pg. 182[9] The time period of the MT and the two versions (and the nature of the work in general) have been discussed by many just to cite some of the important sources: see Y. Tabori, Moadei Yisroel Betekufos Hamishna Vehatalmud, pp. 307-22; Yesod Hamishna ve-Arechsa , p. 12 & n.26, p. 20 ;R. N. D. Rabanowitz, Beno Shnos Dor Vedor, pp. 28-46; V. Noam in The Literature of the Sages volume two, pp. 339-62; see also the introduction to her excellent edition of Megilat Tanit. See the nice introduction to the Oz Vehadar edtion of MT. See also M. Bar Ilan, Sinai 98 (1986) pp. 114-37. See also the important points in Yechusei Tanaim ve-Amorim (Maimon edition) pp. 398-399.  [10] R.Y. Buczvah in Shut Beis Halachmei (#4) does not like this answer as than other yom tovim also should not be included. Regarding this Yerushalim, see: Yesod Hamishna ve-Arechsa p.22 nt.5; Ali Tamar, Sukkah p. 152; Y. Tabori, Moadei  Yisroel be-Tekufat ha-Mishna ve-HaTalmud, p. 373; Tzit Eliezer, 19:26.  [11] Yesod Hamishna ve-Arechsa pp. 21-22. See also R. Freidman in Machanayim 16:12 and R. M. Cohen in Machanayim 37:43. [12] This answer is brought by R. Yakov Reiffmann in Knesses Hagedolah (3:90) where he brings that R. Alexander Moshe Lapidos wrote this answer to him. This is historically interesting as it shows that there was a connection between the two even though he was a known maskil (for more on R. Yakov Reiffmann ties with Litvish Gedoilm see here ). As an aside this piece of R. Alexander Moshe Lapidos is omitted from the otherwise excellent, recently printed, collection of all of R. Alexander Moshe Lapidos Torah in Torat Hagoan Reb Alexander Moshe.  A similar idea to this is found in Tifres Zvi (3:465). [13] Halechot Shlomo (p. 306 n.42). See also Shalmei Moed p. 254.[14] Iyunim B’divrei Chazal Ubileshonam pg 117. This explanation and this whole issue in general gets involved with the famous discussion of what was Rebbe’s role in the writing of the Mishna. Just to list a few basic sources on the topic see:R. Dovid Hoffman, Mishnah ha-Rishonah; Y.N. Epstein, Movo le-Nussach ha-Mishnah, 2: 692-706; C. Elback Movo le-Mishna pg 99-116; R. Margolis Yesod Hamishna ve-Arechsa pp.59-64. See also the excellent doctorate of C. Gafni, The Emergence of Critical Scholarship on Rabbinic Literature in the Nineteenth-Century:Social and Ideological Contexts, pp. 41-111. [15] Shut Beis Naftoli (# 28); Machanyim issue # 17:11. [16] See Mishmar Halevi (Chagigah #46-47) and Or Torah (1991 p. 156) Zikhronos u-Mesoros Al ha-Chasam Sofer pp. 13-14; Otzros ha-Sofer (10:96); Hasmonai u-Banov pp. 111-12. This is dependent on another general topic about the credibility of the sefer Chut ha-Meshulash see the excellent introduction of R. B. Hamburger to his Zikhronos u-Mesoros Al ha-Chasam Sofer where he shows that Chut haMeshulash is an authentic and reliable sefer. In the recent sefer Me-pehem (p. 171) they reproduce a passge from the Chatam Sofer’s daughter against the Chut ha-Meshulash: דע לך כי מה שכתוב הרב ר’ שלמה סופר, רבה של בערעגסאס בספרו חוט המשולש על אבא שלי זה מלא הגוזמות.[17] Shana Be-shanah 1988 (pp. 159-68). It was than included in his Tznif Melucha pg 177- 182.  R. Yona Metzger brings most of this piece in his Mayim Halacha (siman 111) [Thanks to my friend Yisroel Tzvi Ickovitz for this source]. R. Freund in Moadim Lisimcha relied heavily on this article of R. Neriah as he drops a hint in middle of his piece on this topic (p. 34 n.74). It seems that R. Neriah was not aware that it was in the Chut ha-Meshulash as he cites only to the Ta’emi ha-Minhagaim (p. 365).  [18] For some sources see Yad Neman (p. 2b); Tzitz Eliezer (19:26),  R. Yakov Kamenetsky, Emes le-Yakov pp. 239-40, 271-73 and Chasmonai U-Banav pp.106-113.  [19] Shut MaHaryitz (#78) interestingly R. B. Hamburger quotes this in his Zichronis u-Mesoros Al ha-Chasam Sofer pg 14 but attributes this incorrectly to R. Dushintsky.  [20] Chasdei Avos (#17). In general on this passage from the Chasdei Avos see Benu Shneos Dor Vedor pg 52-71.[21] G. Alon, Mechkarim Betoldos Yisroel, 1:15-25; S. Safrai, Machanyim issue # 37 p. 51-58; M. Cohen, Machanyim issue #37 p. 43; Ben Zion Luria, in his introduction to his edition of MT p.20-32. See also  Y. Tabori, Moedei Yisroel Betekufos Hamishna Vehatalmud, pp.372-373.[22] This controversy generated much discussion. See the article in Sinai, 100:202-09. Amongst those who responded about this was R. Alexander Moshe Lapidos printed in Torat Hagoan Reb Alexander Moshe p. 456-58. A very sharp response against Slonimski was written by R. Yakov Reiffmann, printed from manuscript by M. Hershkowitz in Or Hamizrach (18:93-101). Hershkowitz wrote a bibliography on the topic which, unfortunately the editors Or Hamizrach did not include and, to the best of my knowledge, was never printed. A response (from manuscript) on the topic from the Aderes was printed where he wrote to his friend R. Reiffmann after seeing Reifmann’s response here  הנני למלא רצונו להגיד לו דעתי על מאמרו הערות בעניני חנוכה, כי כל דבריו כנים ונאמנו בדבר הזה הייתי בר מזלי’, וחלילה לעלות על הדעת כי הרמב”ם לא האמין כלל בגוף נס השמן, וראיותיו צודקות ונאמנות, והחושב על הכהנים מחשבת פיגול במומו פוסל, כפי שידענו מן התורה נביאים וכתובים היו הכהנים העומדים בראש כל ישראל ומהם יצאה תורה לכל העם כולו והם הם שהיו המורים והשופטיםובכל זאת עליהם היו ממונים סנהדרין גדולה ששפטה אותם, ושטות ואולת גדולה לחשוב מה שכתב פלוני על אודות החשמונאים, והיא רק שיחה קלה להשיב לקלי דעת המאמינים לכל דבר ולא לתורתינו ועבדי’ חכמי התלמוד הנאמנים לד’ ולתורתו, אין ספק שמידי מעתיקי הרמב”ם בא אשמת החסרון בדבריו, ואין לדון מאומה מדברי ידידי מעכ”ת שי’ שהר”מ ז”ל האמין בלבבו הטהורה פשוטו כמשמעו, ככל המון בית ישראל, כפשטות ד’ הגמ’, וחלילה לנו להשליך דברי אלקים חיים מבעלי התלמוד אשר מימיהם אנו שותים אחרי גיוינו ולנוע אחרי ספרים חיצונים אשר לא בא זכרם בתלמוד הקדוש ומוקדש קודש הקדשים, ואין המאמר שוה להפסיד העת בבקורתו ילך לו בעל המאמר בשיטתו ואנחנו בשם אלקינו ועבדיו נזכיר אנחנו ובנינו אותו נעבוד כל ימינו לטוב לנו סלה”.




Teffilah Zakah: History of a Controversial Prayer

Teffilah Zakah:
History of a Controversial Prayer*

Yom Kippur has many unique prayers, many of them have been added through the centuries. For instance, R. Hayyim Yosef Dovid Azulai (Hida) has a longer viduy. Another such addition is the prayer known as Teffilah Zakah. In this prayer the person enumerates and connects their various sins with various acts and asks for forgiveness. Additionally, the person forgives any who have caused them pain or harmed them. This prayer was popularized by R. Avraham Danzig, in his Hayye Adam.

There are two reasons offered for reciting this prayer. Dr. Sperber opines (Minhagei Yisrael, vol. 2, p. 37 and esp. n.10) that the purpose of this prayer is to fulfill the opinion of the Ramban who holds that is an additional viduy on directly prior to Kol Nedrei on Erev Yom Kippur. (He offers that either Teffilah Zakah or a piyyut from R. Abraham ibn Ezra, fulfills this purpose). R. Abraham Ashkenazi (Brit Abraham, Warsaw, 1884, no. 129) offers a different reason for Teffilah Zakah. The purpose according to him, is to accept Yom Kippur early. At the end of Teffilah Zakah, one voices that they are accepting “kedushas Yom Kippurim.” In fact, R. Ashkenazi holds that for the purposes of fulfilling the opinion of the Ramban Teffilah Zakah would be insufficient as it differs significantly from the standard viduy. R. Ashkenazi, however, also holds that one should fulfill the Ramban’s opinion and thus recite the regular viduy after Teffilah Zakkah. (Surprisingly, Dr. Sperber doesn’t discuss R. Ashkenazi’s concern).

As mentioned above, Teffilah Zakah has a passage where one forgives others who may have sinned against him. This is necessary, as although Yom Kippur takes care of sins between man and God, it can’t take care of sins between man and man. Thus, it is necessary for each to receive forgiveness from their fellowman to achieve full forgiveness. Teffilah Zakah is long, and this paragraph that forgives others, appears at the end. The Chofetz Chaim attempted to alleviate this problem “and contacted the printers to change the placement of this paragraph of Teffilah Zakah . That is, to place this later paragraph earlier in prayer, to place the paragraph where one forgives others in the middle or the beginning.” According to the Chofetz Chaim’s son, R. Areyeh Leib, some siddurim did in fact shift around the prayer. (Michtevei Chofetz Chaim, p. 21-2 no. 52; quoted in Sperber, Minhagei Yisrael, vol. 4, 274).

The source to popularize this prayer is the book Hayye Adam.[1] Hayye Adam was first published in 1809, then in 1819 (the discussion regarding Teffilah Zakah only appears in this second edition – and thus, perhaps should be called a mahdurah [2]), and the third edition in 1825 – it would be this third edition that would be used for subsequent printing. [3] And, thereafter there was a flood of reprints – by 1960, Hayye Adam had been published at least 103 times (!) – a very popular book by any measure. While the book was reprinted on many occasions there were slight changes (some for the worse – there were many printing errors that crept in). As relevant to our discussion, in some editions, the portion discussing Teffilah Zakah changed as well.[4] The source that R. Danzig lists for Teffilah Zakah (klall 144), is the Sefer Hemdat Yamim. [5] In light of the fact that Hemdat Yamim is controversial in some editions of the Hayye Adam they removed words “Hemdat Yamim” so as not to have that as the source for this prayer.[6] Not all publishers dealt with the mention of Hemdat Yamim in the same manner. The full passage, as per the second edition of the Hayye Adam (see above – this is the first time this prayer appears in the Hayye Adam):

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל וכבר נדפס בחמדת הימים התפילה שיסדר ואמנם לא כל אדם מבין הדברים רק מי שבא בסוד ה’ ומי שא”י הוא להם כדברי ספר החתום ולכן העתקתי בספרי’ קדמונים תפלה בלשון קל . . . וכו

In the Zolkeiv(1838) edition the words “וכבר נדפס בחמדת הימים” are missing (this makes the next clause – “but not everyone understands those words” and “those words will be like a closed book” unintelligible); while in the Vilna (1849) edition only the words

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל

and the rest of the paragraph explaining why R. Danzig was required to create a new prayer in a “simple language” doesn’t appear. In the Vilna (1895) edition they have as follows:

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל והעתקתי בספרים קדמונים לומר אז וידיו בלשון קל

This way they avoid the ambiguous pronoun (the problem with the Zolkeiv) and provide background for the prayer generally, of course they have still altered what R. Danzig found unremarkable.

The twin factors [7] of the use of a suspect work, Hemdat Yamim, and the creation of a new prayer, made some hesitant to adopt Teffilah Zakah. In the Tosefot Hayyim, a commentary on the Hayye Adam written by R. Meshulum Finkelstein, [8] deals with both of these issues and defends the recitation of Teffilah Zakah (klall 144 n.31). First, he alleges the prayer is not the same as that in Hemdat Yamim.[9] Second, he argues that the concern of saying a later prayer – this concern is attributed to the AriZal and is why, according to some the Yigdal prayer is not recited in some circles – is applicable to “yehidei segulah” (special people) and not to the masses. This is demonstrated by the many piyyutim we recite which are later than the cut-off date for prayers (R. Eliezer HaKalir – whenever he may have lived). Additionally, according to some, any prayer that has been accepted by the masses, this concern is not applicable.[10]

What is worthwhile mentioning is that R. Danzig is not the only talmid HaGra to use the Hemdat Yamim. He is also not the only talmid HaGra to have his work censored for such an inclusion. R. Eliach (Avi HaYeshivos, pp. 184-186) notes that the talmidei HaGra had no problem using and praising the Hemdat Yamim. Aside from R. Danzig, R. Alexander Suesskind, author of the Yesod V’Soresh HaAvodah, in his Last Will and Testament he praises the study of Hemdat Yamim. In at least one edition of R. Suesskind’s Last Will and Testament, Tzavah Yesod V’Soresh HaAvodah, Jerusalem, 1955, the reference to the Hemdat Yamim was removed. Thus, on the one hand we have a group of people who had no issues using the Hemdat Yamim, while on the other hand, there is another group of people who wish to remove any such references.

Whatever the ultimate source of this prayer, there is no doubt that today, it is a popular one.

Notes

*The fullest discussion of this prayer can be found in Mordechai Meyer’s article “On ‘Teffilah Zakah'” in Kenishta, vol. 2 pp. 119-138 including the language above of the various editions of the Hayye Adam.

[1] According to R. Barukh haLevi Epstein, (Mekor Barukh, vol. 3 p. 1260 [end of chapter 21]), R. Danzig titled the book Hayye Adam to avoid any attempt to abridge it as it would then be titled Kitzur Hayye Adam (Shortening the Life of Man). If this is true, it appears it did not help as in 1854 an abridged version was published although the title was Kitzur M’Sefer Hayye Adam (An Abridgement of the Work Hayye Adam). Interestingly, R. Y.S. Nathenson refers to the Sefer Hayye Adam as Kitzur Hayye Adam. Shu”t Shoel u’Meshiv, vol. 2 no. 14 (it is unclear whether there should be a Hey prior to Hayye Adam that would have R. Nathenson as merely listing the Sefer Hayye Adam as an abridgment and the “kitzur” part would not be part of the title.)

[2] For the use of this term “mahdurah” and when it should be applied and more specifically should this second edition of the Hayye Adam should be deemed a mahdurah m’Tukenet or mahdurah Sheneiah, see Y.S. Speigel, Amudim b’Toldot Sefer HaIvri: Kitveah v’Hatakah, Ramat Gan, 2005, 109-60.

[3] Teffilah Zakah was published separately numerous times under the title Teffilah Zakah (it was here it seems the usage of Teffilah Zakah became popular – R. Danzig never refers to it as Teffilah Zakah). The first time it was published was in Minsk, 1833 (see Meir, supra, p. 122)(there is possibly one earlier print by a year or so, in Russia also around 1830 but this is not definite) and republished as a seperate prayer on numerous occasions (by 1900 it had been published close to 50 times). It was first incorporated into the Machzor in 1882 in the Romm edition of the Machzor. (Meir, p. 124) Although the title of Teffilah Zakah was well established as late as 1856 this prayer was published under the title Teffilah HaEtkah M’Sefer Hayye Adam and not Teffilah Zakah.

[4] While the exact nusach of Teffilah Zakah does not appear in Hemdat Yamim, much of it does (see notes below for more). There are those who claim that since the teffilah is not the same, thus, Teffilah Zakah doesn’t really come from Hemdat Yamin. This is wrong. First, R. Danzig states it does – so he had no problem with it. Second, even if it is not word for word, and R. Danzig “improved” on the one in Hemdat Yamim, at the very least the basis for it, and much of it does in fact come from Hemdat Yamim. But, it is unsurprising that people would go to great lengths to void Hemdat Yamim as the source for this popular prayer.

[4] The removal of the mention of Hemdat Yamim both here and in other cases (including the discussion below regarding R. Suesskind’s work) is discussed by R. S. Divlitsky, “HaShmotot Mahdirim,” in Taggim, 1 (1969), 76-77 [Ya’ari, in Talmuot Sefer, also mentions the change to the Hayye Adam see under index under Hayye Adam]. For other examples of removal or changes to various editions of the Hayye Adam see R. A.I. Goldroth, “Al HaSefer ‘Hayye Adam’ U’Mechbro,” in Sefer Margoliyos, Jerusalem, 1973, pp. 262-67 esp. n.1. For a discussion about Teffilah Zakah, as well as the Hayye Adam see R. E. Levin & M. I. Blau, “Teffilah Zakah,” in Mishpacha, Kulmus, Tishrei, 2008, 16-19; and Blau’s earlier article, “Al Sefer Hemdat Yamim,” in Kovetz Bet Ahron v’Yisrael, Nissan, 2004 (112), pp. 161-164.

[5] In the Zolikav, 1838, Vilna, 1849; Tchernowitz, 1864; editions the words Hemdat Yamim are cut out and instead, the line reads, “in the works of the AriZal” and then has Teffilah Zakah. This is not the only mention of Hemdat Yamim in Hayye Adam. When discussing (klall 145) what happens if one has a nocturnal emission on Yom Kippur the Hayye Adam again cites to the Hemdat Yamim. In some editions the words “Hemdat Yamim” are missing, in others, it is abbreviated (“ח”ה”), so only those “in the know” will be able to understand.

[6] There is a third concern raised by the former Pupa Rebbi, who notes that as Teffilah Zakah discusses inappropriate sexual behavior, one should avoid saying it as it may lead to improper thoughts about the possible improper behavior. See R. G. Zinner, Neta Gavreil, Hilchot Yom HaKippurim, Jerusalem, 2001, p. 185 n.4. For a list of those who did not say Teffilah Zakah, see Y. Mondshein, Otzar Minhagei Chabad, [Jerusalem], 1995, pp. 200-01. Among other reasons, a similar reason to the Pupa Rebbi is offered by the wife of the Tzemach Tzedek. Additionally, a entirely new reason is given – that Teffilah Zakah is actually a deficient or inadequate prayer. As it is so bad is why, perversly, it has become so popular because, it seems, people like junk. See id. at n.1 in the name of the Sefer Areyeh Sha’ag.
See also, R. T. Ohrenreich, Katseh haMateh, in Mateh Efrahim, no. 619:17 who offers other methods to fulfill the opinions who hold one must do a viduy prior to the onset of Yom Kippur in lieu of Teffilah Zakah.

[7] It was first published in the Warsaw, 1888 edition of the Hayye Adam. R. Finkelstein wrote not only a commentary on Hayye Adam but also on the Matteh Efrahim, Elef HaMogan, first published in Mateh Efrahim HaShalem, Pitrokov, 1908. He also published a collection of commentaries on the Mishna under the title Tosefot Hakhomim, Warsaw, 1916.

[8] See note 4 above. This justification is bizarre. First, as noted above, the Hayye Adam says he is using the Hemdat Yamim – so at the very least he had no problem if it was there. Second, there are entire passages that do appear in Hemdat Yamim. For instance, the Hemdat Yamim has using kissing the sefer Torah to fix various sins (p. 291 of Tzuriel ed. – all citations are to this edition). Or there is an extensive discussion about the inability to fix something that someone stole from someone else (p. 229-36). There is another list of sins that mimic that in Teffilah Zakah (p. 252-57).

[9] This reasoning appears somewhat circular in that how did the prayer get started if one is prohibited from saying it to begin with? Even if one assumes this is merely extending the concept of “im ain neviem, beni neviem hamah,” it doesn’t excuse the R. Danzig from advocating for something that is prohibited.




Stolen Title Pages: The Case of An Unknown Contemporary Plagiarist

“Stolen Title Pages”:
The Case of An Unknown Contemporary Plagiarist*

The title of this post – “Stolen Title Pages” – is not mine, instead, I have borrowed it from Chaim Lieberman.[1] I have used this title because there are many forms of plagiarism – some, totally innocent – others involving lack of citation, borrowing a sentence here or there, but the plagiarism under discussion in this post is much worse than all of the above.[2] The plagiarism discussed in this post is limited to just changing the title page – that is, the entire book is the same with the only alteration being the name of the author and, at times, the title of the book. For example, if I republished Shakespeare’s Romeo and Juliet but instead of putting Shakespeare’s name I substituted mine.

The kabbalistic work on the holidays of the year, by R. Yitzhak Isaac ben Yoel HaKohen, Brit Kehunat Olam, was recently republished. This work was first published in 1796 in Lvov, and has been reprinted many times since then. In the introduction of this new edition, the publishers list the various printings of this work. But, they neglected to mention one reprint of this work. One can’t really fault them as this reprint was not published under the name Brit Kehunat Olam, nor did R. Yitzhak Isaac’s name appear anywhere in this reprint. Instead, although the book is word for word the same as Brit Kehunat Olam, a totally different title and a totally different author is given. As we shall see this is not the only time this person has taken someone else book for his own. This reprint which was done sometime around 2000 is instead titled Pardes haMo’adim ‘al Moadi Yisrael. The author is הצב”ר which, according to the many approbations he has received, is an abbreviation of R. Tzyion ben Ratson Lahat.

The Pardes haMo’adim contains approbations from R. Shimon Sherabi, the Rabbis of Kiryat Melachi – R. Hayyim Pinto and R. Yisrael Areyeh Gerstenkorn, R. Meshumar Tzubri, and R. Yisrael Sherabi. Some of these praise Lahat for his erudition in writing this work, others note his “great fear of sin,” but none of these haskamot note that every word in this book is plagiarized.

For purposes of accuracy, I must note, that Lahat did alter one thing aside from the title page. Perhaps in an effort to avoid detection he shifted the sections around. So, one can’t take page one and match it up, instead, you just need to find the section. This is not as hard as it would seem as Lahat used the same chapter headings as the original. So, for instance, the scan below you have the chapter titled מאמר מצות משוחים בשמן from both works. The newer type (on the right), without the commentary of the Sha’ar Shimon, is Lahat’s edition while the other (on the left) is the original.

Lest one think it is just that section or just the Brit Kehunat Olam that Lahat copied, I have provided another section – מאמר סכת שלם. Again you can see it is copied word for word. But, I also want to point out it is not just the Brit Kehunat Olam he copied but the commentary, Shem miShimon by R. Shimon Englander as well. As one can see, the notes on the bottom provide citations as well as further elucidations of the Brit Kehunat Olam. Although Lahat did not use footnotes – he used endnotes – they are the same as well.

I have provided below the pages from both Brit Kehunat Olam (on the left) which includes the Shem miShimon at the bottom. The other pages (to the right and bottom) are Lahat’s page from this section and the final page is Lahat’s notes which match up perfectly with the Shem miShimon.

As I mentioned above this is not the first time Lahat has stolen a prior work and substituted his name for that of the author. Instead, I have found at least two other times, where he did the same thing. In fact, one of the approbations for Pardes haMo’adim actually makes mention of this prior plagiarized work. This other work is Lahat’s book Minhagei haAriza”l. This work was published sometime after 1996. It contains four parts. Again, הצב”ר appears on the title page and all the approbations are written to R. Tzyion ben Ratson Lahat (as an aside his last name may actually be רווה [Ravah] as he dedicates this book to his brother Naftali bar Ratson Ravah). This work, with one slight change which I will discuss in a moment, is word for word from the book Minhagei haArizal haNikrah Petura d’Abba by R. Uri ben Asher Strizinitzer [3] first published in Jerusalem 1905.

This work takes fifth and the sixth sha’ar from R. Chaim Vital’s Shemonah She’arim which contain the bulk of the customs of R. Yitzhak Luria(Ari”ZaL). R. Strizinitzer, then includes his commentary, titled Beni Abba, which explains and offers sources for the customs of R. Yitzhak Luria. This work contains the approbation of R. Shalom Mordechi haKohen (the Braziner Rebbi). When he originally published this work, R. Strizinitzer did so anonymously. When he published a similar work Me’ori Tzion he revealed himself based upon an acrostic on the title page. The Meori Tzion was the fourth and final part of R. Strizinitzer’s work on the customs of R. Yitzhak Luria – as we shall see this was also copied. So R. Strizinitzer has three titles – Petura d’Abba, Beni Abba, and Meori Tzyion. The Petura d’Abba contains the portion from Shemonah She’arim and Beni Abba is Strizinitzer’s notes.

Now, we go to sometime after 1996, and a new book, again re-typeset, comes out with the title Minhagei HaAri”Zal with the three works Darkei Tzyion, Sha’ari Tzyion, and Me’ori Tzyion with הצב”ר’s name as the author.

The only thing Lahat did, however, was alter the titles of the first two sections, he didn’t even bother moving things around to avoid detection. In Lahat’s edition the Darkei Tzyion contains the portion from Shemonah She’arim and Sha’ari Tzyion contains the notes. Below, I have provided two pages, one from each book, to demonstrate the plagiarism.

In fact, in Strizinitzer’s book at the end he has “השמטות” – things he left out. Lahat, also has at the end things he left out – and coincidentally, they are the same as well. There is one other small change aside from the title page, and that is in the introduction. In Strizinitzer’s introduction at the end he explains why he decided to title his books as he did. Now, Lahat’s titles are different, so Lahat (left) removed that one line from the original introduction (right). The relevant passages are below.

Now, we return to the third title – Me’ori Tzyion, which Strizinitzer published separately in 1911,[4] and Lahat has included in this book. For this one, Lahat couldn’t be bothered with coming up with a new title so he uses the same title – perhaps to finally be able to say he really did copy everything perfectly. Both pages are below (Lahat, left; original, right).

Finally, we get to the at least the third example of Lahat’s stolen title pages. In this case it was fairly easy to locate the original. Lahat titled this work Pirush ‘al Birkat Kohanim, which as the title implies is a commentary and discussion about Birkat Kohanim. But, Lahat was kind and at the top of each page he has כה תברכו. This title כה תברכו is the same as a book published in 1881 in Solenika by R. Chaim Hemzi. And, it turns out not only is the title the same but the content is as well.

 


Lahat is by no means the first to merely switch the title pages – as I noted at the beginning of this post, Lieberman has examples of this phenomenon and there are other articles which discuss other instances of plagiarism as well.[5] What is perhaps unique about Lahat is that he seems to have done it more than once, in fact, I can not say for sure the rest of Lahat’s 13 (!) other books [6] are not merely copies as well. Additionally, many have assumed that in the digital age, when from the comfort of one’s home they can call up the card catalogs of almost every major library in the world and thousands books are available online or on one of hard drives – some of which are even searchable, this would have been detected. In fact not a single catalog entry in any library notes that these are copied – even when Lahat did not change the title of the book.

Further, aside from the approbation to Lahat’s Pardes haMo’adim, in his Minhagei haAriZal, Lahat includes approbations from his other works. Some of these are leading Rabbis who also have failed to detect their approbations are on stolen works. These Rabbis include (aside from those already mentioned above): R. Ovadia Yosef, R. Mayer Getz, R. Shalom Messas, R. Yosef Tzubeyri, and R. Tzion Tzubeyri.

Perhaps, now, this can be corrected and Lahat will cease stealing the works of others.

* Prior to posting I have attempted to locate Lahat without success. His books generally provide none of the standard information such as publisher/printer or any contact information.

Notes:
[1] Chaim Lieberman, Ohel Roch”el, vol. 1 (New York, 1980), 477-480, 529-531.

[2] There are no lack of examples, both real and imagined in this category. For one example of lack of proper citation, see R. Natan Neta Leiter, Tzyion l’Nefesh Hayyai (Jerusalem, 1964), no. 109.

[3] His surname comes from a town outside of Lvov.

[4] In some reprints of Strizinitzer’s Minhagi AriZal, Me’ori Tzyion is included.

[5] See Lieberman supra n. 1. Lieberman notes [p. 477] the case of Hemdat Tzvi, where the original was printed in 1876 and the stolen version with the same title was printed in 1879. However, he leaves out one worthwhile point. Although in the stolen version he knew enough to remove the original authors name, apparently he didn’t even read through the whole book as on p. 72b, the original author quotes his grandfather by name, and this same passage appears in the stolen version. Further, on p. 87, the original author includes a teshuva which he signs by name. In the stolen version it appears without change signed by the original author!). See also Kitvei Pinchas Turburg, ed. A. R. Malachi, 24-36; C. Leshem, Shabbat u’Mo’adi Yisrael (Tel Aviv, 1969), 379-409; Y. Sternhill, Kochavi Yitzhak (Brooklyn, 1969), Introductions to volumes I & II; Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton, 2006), 5 n. 9, discussing the example of Rabbi Nosson Dovid Rabinowich which was also discussed in a previous post at the Seforim blog; Shraga Abramson, “Chasad b’Ameirat Daver shelo b’Shem ‘Omro,” Sinai 112 (Nissan-Iyyar 1993): 1-24; Alei Sefer 16 (1990): 177-79; Moriah 83-84 (Adar I,1978) 79-80; A. Perls, “Das Plagium,” in Monatsschrift für Geschichte und Wissenschaft des Judentums / MGWJ 28 (1879): 305-322; R. Margolis, Shem Olam, Jerusalem, 1989, introduction.

Regarding the halakhic permissibility of plagiarism, see Nahum Visfish, Mishnat Zechuot haYotser (Jerusalem, 2002), esp. 95-115; Nahum Rakover, Zechut haYotsrim beMekorot haYehudim (Jerusalem, 1991), 17-72, a portion of which appeared as “Plagiarism of Torah Teachings,” Areshet 6 (1980): 222-226; and idem., “Plagiarism and the Obligation to Cite Sources: Aspects of Copyright Law in the Halakhah,” Dinei Yisrael 6 (1975): 93-120;

[6] There is one book which is particularly suspect, as Lahat’s book is titled מאיר לארץ and it is kabbalistic interpretations on ברכת המזון and there is another book with the same name on the same topic. Thus far, however, I have been unable to secure a copy to compare the two.




Lag Ba-Omer and Upsherins in Recent Jewish literature: Revisionist History and Borrowing and Plagiarism

Lag Ba-Omer and Upsherins in Recent Jewish literature:
Revisionist History and Borrowing and Plagiarism
By Eliezer Brodt

In this post I would like to touch upon some of the topics relating to Lag Ba-Omer through a discussion of the latest volume of R. Tuviah Freund’s Moadim le-Simcha.

By way of introduction, in the past few years, the field minhaghim, specifically the research and investigation of sources and reasons for custom has expanded exponentially. To be sure, from early rishonim and onwards we have many books discussing minhag. But, only more only more recently, did the systematic study and collecting of sources as they relate to minhag really start. The basic idea underlying this particular area of research involves digging up as many sources as one could related to a particular minhag and then to try and put together a comprehensive picture of the development of the specific minhag. This is a time consuming process. To begin with, one has to carefully track down early sources, figure out who is earliest source, and then try to understand the reasons given for the custom on the whole. Additionally, one has to be mindful of who influenced whom, separate the development from the original unadulterated custom, as customs, being the product of human development tend to themselves to develop over time. The older a minhag is, the more difficult a challenge as the possible source texts multiply and patience is required to put together the whole puzzle.

The recent interest in the field has produced many articles and books. Although many of these articles rely on one another, proper attribution varies widely. Some authors always give credit, while others just “borrow” sources and still others take entire text portions without any attribution. At times, to obscure this misappropriation, the order of the original article is changed although the text remains the same.

Bar-Ilan University professor Daniel Sperber, in the introduction to his eighth and final volume of his Minhagei Yisrael, catalogues and comments on many recent works minhag. In an earlier volume he published a bibliography on minhagim by Prof. Yosef Tabory.

The Moadim le-Simcha Series

In this genre, one of the more recent and popular books is Moadim le-Simcha, by R. Tuviah Freund. The sixth volume of this series has just been published. The volumes follow the yearly holiday cycle and this latest volume covers the holidays appearing in the months of Iyyar and Sivan.

R. Freund first publishes portions of the books in the newsweekly Hamodia (Hebrew). Then, he updates them and collects and arranges them according to the months. Overall, the material found in this collection is excellent. R. Freund uses a wide range of sources and it is obvious that he works hard to put out a good product. Moreover, just collecting this disparate material in one place is admirable.

But, aside from doing his own research – a task that is obviously quite time consuming – R. Freund employs two other methods that ultimately allow him to produce these books. As I have elaborated on in the past, Machon Otzar ha-Poskim has a card catalogue comprising thousands of topics with a phenomenal amount of sources related to those topics. R. Freund, as other contemporary authors, uses these cards to get a head start (alternatively, sometimes the cards provide everything) on the articles in Moadim le-Simcha. R. Freund freely acknowledges, at the beginning of each volume, that he relies on these cards.

As we have previously noted, another source of R. Freund’s materials, however, goes unacknowledged. On many topics, not necessarily all, he locates a key article of a talmid hakham or academic scholar, and then R. Freund proceeds to use their material. At times he mentions the original source in a random footnote while on other occasions he makes no mention at all.

Of course, there is no problem using someone else material so long as the source is clearly noted at the outset of the chapter that you used it and you are adding on your own finds. To be sure R. Freund is not the only who fails to properly note all of his sources; many authors do this today both in the traditional rabbinic and academic communities, and this is not a new phenomenon. Indeed, below, we will see another such example.

Setting aside this methodological issue, Moadim le-Simcha also suffers from lack of proper organization. Chapters do not flow into one another like they should, content is not put in chronological order and many times sources are not given. One other issue is one can always find more material touching on the topics covered in Moadim le-Simcha. Although this is not a criticism of R. Freund but is an issue anytime someone attempts to collect material on minhagim. Overall, however, Moadim le-Simcha is well worth one’s money as it does have a wealth of information some of which will not be found else where on many interesting topics relating to the months of the year.

Moadim le-Simcha, volume 6 – The Customs relating to the Months of Iyyar & Sivan

As mentioned above, the latest volume of this series covers Iyar and Sivan. The first article is a lengthy one covering the issues of becoming bar-mitvah during the sefirah period. This one section is over ninety pages. The next topic is Pesach Sheni. The next eight articles cover topic that are connected with Lag Ba-Omer. The final section covers Shavous topics.

It is the Lag Ba-Omer section, however, that will be the focus of our discussion. Topics covered include the recent minhag called ח”י רוטל (pp. 146- 148), bows and arrows on Lag Ba-Omer (pp. 155-58),[1] and the origins of bonfires on Lag Ba-Omer and burning clothing. There is then a detour to discuss the more general custom of lighting candles at graves year-round. Then we return to Lag Ba-Omer with a discussion of Upsherin and a section on peyos, after which he discusses the custom of learning at the kever of the Rabbi Shimon bar Yochai (“Rashbi”), followed by a chapter on the halakhic discussions relating to Kupas (charity) of Rashbi. On the topic of Rashbi, R. Freund turns to the controversial topic of authorship of the Zohar, as well as some general aspects of studying Kabbalah. Then we have another detour to discuss visiting graves of Tzadkim in general. He concludes this section with a discussion of the minhag to go to the kever of Shmauel ha-Navi on the forty-third day of Sefirat ha-Omer.

We now turn to the content of these chapters and Lag Ba-Omer generally.

Traditionally, the sefirah period is considered a time of mourning. The most well-known reason given – offered by the rishonim – is the mourning is due to the death of students of R. Akiva who died during this time of the year. Because this is deemed a mourning period, we refrain from shaving, taking haircuts, dancing, listening to music and making weddings, etc. Interestingly, some seem to think that there is an additional minhag during this time of abstaining from purchasing new clothes in order to avoid making a shehecheyanu; however, this is wrong. Many poskim write that people erroneously confuse the sefirah period restrictions with those customarily applied during the three weeks. Indeed, during the three weeks, one should refrain from buying new clothes to avoid a shehecheyanu, but during sefirah no such halakha applies. For example, the Mishnah Berurah writes that if during sefirah [493:2]:

מ”מ אם נזדמן לו איזה ענין שצריך לברך עליו שהחיינו יברך

The source for this ruling is the Ma’mar Mordechai who writes:

לא מצאתיו בשום ספר ראשון או אחרון ואין ספק שנשתרבב זה המנהג ממה שכתוב בשלחן ערוך לקמן סי’ תקנא דטוב ליזהר מלומר שהחיינו בין המצרים על פרי או על מלבוש

While this is the halakha, today we do know that in fact there is some bases for refraining from shehecheyanu during sefirah. As many manuscripts have come to light, one of these manuscripts reflects this customs. In fact, this topic was comprehensively covered by R. Gedaliah Oberlander in his journal Ohr Yisroel, and later reprinted in his collection on minhaghim called Minhag Avosenu be-Yadenu (Merkaz Halakhah, 2005). There is much to add on this topic and I hope to return to it in a future post at the Seforim blog. While on this topic of shehecheyanu during sefirah, it is worth noting that one of the earliest sources reflecting this custom is the Leket Yosher. R. Zilber, quoted by R. Ben David, in his article in Tzohar, uses this example to question the authenticity of the Leket Yosher. Basically, they argue the Leket Yosher must be a forgery as this custom is only attested to in recent times. But, as I mentioned R. Oberlander demonstrates that there are many sources for the shehecheyanu restriction aside from the Leket Yosher. (Also, R. Ben David, in a later issue of Tzohar admitted that the fact the Leket Yosher may confirm what was believed to be a later custom is meaningless and disavowed his reliance on R. Zilber.)

Prof. Daniel Sperber (Minhagei Yisrael 1:101-117) posits that the mourning customs during sefirah are mainly due to the crusades, as many of the most horrific events of the crusades took place during the sefirah period. As evidence, Sperber notes that in Ashkenaz there was a custom to refrain from cutting one’s nails – a terrific extension of symbolic mourning. Moreover, in Sefer Assufot [printed in a few places- see Meoros ha-Rishonim p. 89] it says:

ועוד נראה לי מה שאין נושאין נשים בין פסח לעצרת, מפני צער הקהלות בכל המלכות, ומתענין עליהם ומזכירין נשמות באותן השבתות ומצטערין ודואגין עליהן באותו הפרק

In Spanish sources, however, we find that they were much more lenient some going so far to permit marriage during the sefirah period. (For one example of this leniency, see the manuscript published by Meir Benayahu,Yosef Bechiri [Jerusalem, 1991], 518-20).

Now for some reason or reasons all these prohibitions are lifted on Lag Ba-Omer. Additionally, there is a custom to celebrate on Lag Ba-Omer, while to a more limited degree in many places, but especially in Meron at the Kever of Rashbi. In Meron there are great celebrations with music and dancing and the like on Lag Ba-Omer. The obvious question, however, is why?

Now I will not even attempt to provide all the answers offered, but in a moment I will point the interest reader to additional sources. There are many early sources for simcha on Lag Ba-Omer, also that tachanun is omitted, marriages are allowed and so is shaving. In some rishonim the reason given is because the students of Rabbi Akiva stopped dying on Lag Ba-Omer. This reason, however, provides no insight into the connection between Meron and specifically Rashbi and Lag Ba-Omer.

One of the most famous reasons explaining the connection between Rashbi and Lag Ba-Omer – if you ask anyone this will probably be their reply – is because the Rashbi died on Lag Ba-Omer. Assuming for a moment this is factually correct, it is quite strange that we celebrate Rashbi’s death. We don’t find any other yahrzeit that we celebrate it in such a way and we had many other great people die besides for Rashbi, Avraham, Moshe, David HaMelech, etc. – none of whose death we celebrate with bonfires. Another problem is that neither chazal nor any of the rishonim mention Rashbi dying on Lag Ba-Omer. These questions and others were addressed by the Hatam Sofer in his teshuvot. In fact, because of these problems, he was very skeptical – to put it very mildly – of this celebration that takes place at Meron.

As an aside, an unknown sources about this whole topic is a statement found in some versions of Toledot Ha-Arizal (Sefer ha-Ari, 219) it is also found in a manuscript of the Chida which says:

בימי מרן (ר’ יסוף קארו) הסכימו שלא יעשו ישראל הערביים מחול בל”ג בעומר על ציון רשב”י. ונראה למרן וב”ד שהוא זלזול שאוכלים ומרקדים, ונכתבה ולא נחתמה. בלילה חלם מרן עם הרשב”י וא”ל שתבא מגפה גדולה בעבור זו ההסכמה, כי רצונו שישמחו בהללולא, ולמחר קרע את ההסכמה

With this introduction regarding Lag Ba-Omer, we can now turn to the Moadim le-Simcha’s discussion of Lag Ba-Omer customs.

He starts the topic of Lag Ba-Omer with a nice list of issues regarding Lag Ba-Omer giving the impression that this list indicates the progression of the articles. The reader is quickly disabused of this notion as R. Freund jumps from topic to topic at times returning to earlier topics with no discernable order. After carefully reading the Lag Ba-Omer section, I decided to compare R. Freund’s work with that of R. Betzalel Landau’s [author of ha-Goan mi-Vilna] on Lag Ba-Omer called מסע מירון. R. Landau’s sefer is a collection of articles printed in 1966 and as is the case with R. Freund, R. Landau’s articles also first appeared in the Hebrew weekly Hamodia. R. Landau’s work is printed along with the Maseh Meron of R. Mendel Rabin. R. Landau’s articles deal with everything connected to Lag Ba-Omer, from the visiting of Meron and the accompanying celebration to Upsherin and much more. It is written beautifully, well organized and has excellent sources including manuscripts and many rare seforim.

After comparing the material, I noticed that R. Tuviah Freund basically lifted all the material from R. Betzalel Landau with one big difference: where R. Landau presents the material in very organized fashion, R. Freund does not. To be sure, Freund adds much material to the topics discussed by Landau and Freund covers areas not covered by Landau. On the other hand, Freund omits many interesting topics and sources relating to this day that he should have dealt with such as discussion of the song Bar-Yochai.[2] The point is not that Freund used the sources collected by Landau but rather at the outset of the articles Freund should note his debt to Landau and reference the reader to Landau’s work for its additional materials. In fact, in passing on at least two occasions Freund mentions “Mase Meron” indicating that indeed he was aware of and used Landau’s work. To make this even more bizarre, the only times Freund cites Landau, in truth, Landau was merely quoting from Avraham Yaari, Iggerot Eretz Yisrael (Tel Aviv, 1943), a work that Freund uses directly in other places (379-384). In other words, the times he does mention Landau’s work it was almost unnecessary while where Freund should mention it he does not. Is it to say that only here he used Landau work and the rest he found himself? I find it hard to believe and quite silly – there is no problem to use someone else’s material as long as you give them proper credit.

A Revisionist History of Lag Ba-Omer and Another Example of Plagiarism.

Before returning to the rest of R. Tuviah Freund’s Moadim le-Simcha, we need to examine another recent article that appeared in the journal Yeshurun (no. 15) authored by R. Moshe Blau. R. Blau’s article is devoted to Lag Ba-Omer and is well organized and clearly written – a model for R. Freund to learn from. While these facts distinguish R. Blau’s article from Freund’s, Blau actually has something in common with Freund – Blau too plagiarized.

Again, Blau uses information that appears elsewhere without mentioning the sources. Specifically, Blau plagiarized from Avraham Yaari, Meir Benayahu, Betzalel Landau, and possibly even R. Yaakov Hillel, as I will demonstrate below.

As I mentioned earlier many traditionally many claim the yarzheit of Rashbi is on Lag Ba-Omer. While this claim is well-known the source of this tradition is more difficult to locate. Avraham Yaari and Meir Benayahu show that the earliest source to mention Lag Ba-Omer as the yarzheit of Rashbi is none other than the Hemdat Ha-Yamim. (R. Yaakov Hillel also confirms this on page 13 in his Aid ha-Gal ha-Zeh.)

There were some, however, who attributed the Lag Ba-Omer death date of Rashbi not to Hemdat Ha-Yamim but to R. Hayyim Vital, whose source was the Arizal. In truth, it is a mistake to give R. Vital credit for this. The source of this mistake was based on a simple printing mistake in one version of the Prei Etz Chaim which was first printed in 1782 – available here. (For more on this edition see R. Yosef Avivi, Binyan Ariel, pp. 68-71.) That edition reads:

והטעם שמת רשב”י ביום ל”ג בעומר כי הוא מתלמידי רבי עקיבא הנ”ל שמתו בספירת העומר

The Chida already writes that this is a mistake and instead of שמת, one letter is missing and the correct reading is שמחת רשב”י. So it is not a reference to Rashbi’s death day at all. Avraham Yaari demonstrates that other sources aside from the Prei Etz Chaim confirm this reading of שמחת. Meir Benayahu also concludes this is the correct reading using manuscripts. Finally, R. Yakov Hillel also writes that it is clear from viewing many manuscripts of the Prei Etz Chaim that it is a mistake. [3]

Turning to the origins of going to Meron, again, Avraham Yaari, in an article in Tarbiz 22 (1951) has a very detailed piece showing how the custom of going to Meron was taken from an earlier custom of going on Pesach Shnei to the kevarim of Hillel and Shamai in Meron. Soon after Yaari published this article, Meir Benayahu penned a strong rebuttal (Sefunot 6 pp. 11-40), and is again summarized in Sefer Vilnai 2:326-330). According to Benayahu, the custom of going to Meron was begun by the “Mekubeli Sefat.” Irrespective of whose side one falls, both articles are full of interesting facts about the development of this Lag Ba-Omer. In my opinion, Benayahu appears to have the upper hand. More recently, Tel Aviv University professor Elchanan Reiner revisited this topic in his incredible dissertation, “Pilgrims and Pilgrimage to Eretz Yisrael (1099-1517),” (PhD dissertation, Hebrew University of Jerusalem, 1988), 295-320. (Hopefully, Dr. Reiner will publish this in book form.)

Returning to Freund’s article on Lag Ba-Omer, there is no doubt he used both Landau and Benayahu, as he quotes them in his notes. At the end of his article, Freund raises the older, although less known, custom of going to the grave of Shmuel ha-Navi (again close to Lag Ba-Omer) (p. 384). In doing so Freund quotes an early source for this custom, a source that is only in manuscript. But, Freund provides no citation where this source can be found. In fact this comes from Yaari (neither Landau or Benayahu mention it) who notes that this was originally published in Jacob Moses Toledano, “Teudot mikkitvey-yad,” Hebrew Union College Annual 4 (1927): 449-466, quote at 458. So either Freund was perusing random old copies of HUCA or more likely, he found Yaari’s article on Lag Ba-Omer and neglected to mention that.

Coming back to Blau’s article, the general idea of Blau in his article is after dealing with all the sources of why Lag Ba-Omer is different than the rest of Sefirat ha-Omer. His new ideas which he brings to the table are that 1) the earliest source for Lag Ba-Omer being the death of Rashbi is from Hemdat ha-Yamim. This point was already made by both Yaari and Benayahu. 2) The printings of Prei Etz Chaim contains a printing error (Blau shows this to be the case from various manuscripts he checked). Again, not a new point, while it is nice that he prints in the article copies of the various manuscripts but this also was already shown to be the case by Benayahu much earlier. 3) Finally, at the end of his article he brings from a manuscript that R. Yosef Karo wanted to stop the going to Meron but did not. Blau, however, concludes that this fact is not mentioned by the Chida because the Chida did not believe this manuscript was legitimate. This whole major manuscript is brought by Yaari and Benayahu. The text itself is printed in Benayahu’s Sefer HaChida. Additionally, R. Landau also discusses this point. None of this is noted by Blau. All in all this leads to the conclusion that much of Blau’s article is premised, without attribution, on Yaari’s, Benayahu’s, and Landau’s works on the topic.

As an aside both R. Yaakov Hillel and R. Ovadiah Yosef (Yabia Omer 5:35 and Hazon Ovadiah, p. 274) do not encourage going to Meron on Lag Ba-Omer due to the situation of pritzus there. R. Hillel is also against going on these types of hilulas throughout the year.

In actuality, while it is difficult to connect with the death of Rashi, there is another important person who perhaps did die on Lag be-Omer, Yehoshua ben Nun. (See R. Hamberger, Shoreshei Minhag Ashkenaz 3:262). In Meglias Ta’anis, the last section, there is a part titled Meglias Ta’anis Batra. In many versions of this text, it places Yehoshua ben Nun’s death on Lag be-Omer. Professor Shulamis Elitzur, in her excellent book, Lamu Tzamnu, deal with the death date of Yehoshua ben Nun at length. She cites to many early piyutuim that mirror this reading found in Meglias Ta’anis. (See Lamu Tzamnu pp. 18, 26, 34, 39, 66, 120, 126, 172.) Generally, Lamu Tzamnu is a scientific edition of Megilas Tannit Batra. For further on this, see also her Piyyutei R. Pinchas ha-Kohen, pp. 240 & 693. See also, Landau, p. 71, who errs in this regard based on a faulty manuscript; S. Leiman, “The Scroll of Fasts: The Ninth of Tevet” in J.Q.R., vol. 74, pp. 174-95, esp. pp. 174-79; Reiner, op. cit., pp. 289-90.

Moadim le-Simcha on Upsherin and Peyos

Now that we have covered the two latest discussions of Lag Ba-Omer and their similar faults, we return to the rest of Moadim le-Simcha. Freund’s next major topic is that of Upsherin. The problem with this article is that it is not objective.

The source for the Upsherin custom is highly problematic. R. Benyamin Shlomo Hamberger, Shorshei Minhag Ashkenaz 3:251-267, attacks it for the following reasons: there is no mention of this custom in any of the rishonim. Now do not say they did not bother to write it down as we have very detailed discussions from the rishonim about this time period in a Jewish boy’s life how to take him to cheder etc. (discussed by R. Hamburger at great length in volume two of his Shorshei Minhag Ashkenaz 2:502-532) but there is no mention of the Upsherin custom.[4] Furthermore, he shows from many places in the times of the rishonim they cut their hair long before three years old. Another big question dealt with by Yaari and later on in more detail by Hamberger is the attributing the custom of Upsherin on Lag Ba-Omer to the Arizal. This attribution is problematic as it is documented that the Arizal did not cut hair the entire sefirah – including Lag Ba-Omer. This particular issue M. Benayahu does not find to be such a problem as it could be what he did to his son and what he himself did were two different things. Another issue R. Hamberger raises is even if there is such a minhag what does it have to do with Rashbi and where do we find such a thing to give a haircut in a grave yard? Further more he brings sources [amongst them a National Geographic Magazine!] which claim that it come from outside – Arabic influences. R. Hamburger does defend it a little that it still makes sense to keep if it comes from outside sources. However after seeing all this documentation of R Hamburger notes that it makes sense why we can not find sources in litvishe or Hungarian sources – as there are no early sources in rishonim!

Professor Sperber [Minhagei Yisrael 8: 13-30] takes Hamberger’s discussion much further documenting how this comes from many completely outside ancient sources. R. Yechiel Goldhaber (author of the Minhagei ha-Kehillos) told me that he just saw a manuscript of a letter of R. Akiva Yosef Schlesinger who writes very sharply that this whole custom is taken form outside sources. Generally, Freund has no problem mentioning R Hamburger as he quotes this very same volume in another chapter of his in this sefer – saying Tikun on shavuos night. But when it comes to using Hamberger to question or examine Upsherin, Freund seems unable to do so.

After this chapter Freund has a section all about the customs of peyos including different opinions about wearing it behind ones ears. A careful reading of this chapter shows he stole much [and he could of stolen even more] from Yitzchak (Eric) Zimmer’s chapter in his Olam Keminhago Noheg (Mercaz Zalman Shazar, 1996) devoted to these topics.

Freund continues with a chapter on the development of the tomb over Rashbi’s kever and its history. He has a lot of important information on it. I would add to it the last section of M Benayhu previously mentioned article (which I think for sure Freund was well aware of on this topic of Meron in general).

The Zohar and its History

In connection with Rashbi, Freund examines the Zohar, its authorship and other topics related to the learning of the Zohar. This topic really deserves its own series of posts but for now I will just point out three issues. He does not mention that there was any opposition to the authorship of the Zohar. Now I understand perfectly well why he does not mention Yehudah Aryeh (Leon) Modena and others but there is one work which definitely deserves mention and that is the Mitpachat Seforim from R. Yaakov (Jacob) Emden. This work is not an attempt to undermine Kabbalah at all but rather it shows that there was some tampering done to the Zohar by different people. To be sure this work was considered very important by many as the Hatam Sofer writes in a teshuvah [Choshen Mishpat Likutim, 59] to someone:

הנה נמצא בשכונתך ס’ מטפחת ספרים למהריעב”ץ תמצא שם כי דבר גדול דבר הנביא ז”ל בענין זה הלא ישתוממו רואיו וד”ל

Interestingly enough a few years back this sefer was printed by someone than it was put in cherem by the badatz! The printer was cursed by sefardi mekubalim and he died within the year! This edition of the sefer is now considered very rare. Indeed, included in the introduction to this edition, are other sources attesting to the importance of the Mitpachat Seforim. Additionally, R. Eliezer Waldenberg, in his Tzizt Eliezer cites the Mitpachat Seforim. (Tzitz Eliezer 9:51 and 21:5).

Another issue I have with this chapter is he does not even mention the famous discussion of the poskim regarding contradictions between Kabbalah and halakha; much has been written on this I will not even bother to cite sources.

One other issue with this chapter is at the end he lists commentaries on the Zohar although he does not claim to make a comprehensive list there are some strange omissions. One is the work of R. Reuven Margoliyot on the Zohar it is extremely important with all his comments as he draws parallels from all over chazal another thing he does is he references many halakhic discussions from the Zohar. Besides for this R. Margoliyot deals with all the questions which R Emden raises in his Mitpachat Seforim. R. Shlomo Zevin, Soferim ve-Seforim, has a beautiful review of R. Margoliyot’s work. One other important work that is not listed is Tiferet Zvi from R. Spielman. Thus far it is only six volumes, going up until chumash Vayikra. This work is literally an encyclopedia on the Zohar dealing with the hundreds of halakha and kabbalistic topics relating to the Zohar [see the comment of Professor Yisrael M. Ta-Shma, ha-Niglah she-b’Nistar, 109 n. 13]. It is very ironic that during R. Spielman lifetime he had to peddle his seforim going door to door begging people to buy them and now it is a very hard to find to purchase.

Finally, Freund discusses visiting kevarim in general – he includes a special section about Kohanim. Here Freund writes openly at the outset that he used an earlier work but he should have been aware there is a much more through and important work on the topic from R Spielman called Zion Lenefesh Chayah.

General sources:
All about Lag Ba-Omer (much of the material overlaps) see R. Shlomo J. Zevin, Moadim Bahalcha pp. 359-64; S Ashkenazi in Avnei Chain pp. 103-11; Pardes Eliezer.

For personal accounts of Lag Ba-Omer see Chanina Mizrachi Yehudei Paras (Tel Aviv, 1959), 29-34. For a Christian traveler account from 1838 see Maseh ha-Notzrim, 496 see id., 517-18 for another account.

Others used to go to Kever of Shimon Hazadik see: Nachlas Yosef [2: 42]; Eiyur Hakodesh ve-Yoshveha p. 43. See a Christian traveler account from 1838 in Maseh ha-Notzrim p. 448 – he mentions that they cut the hair there.

On going to Meron in general see: Kivrei Avos pp. 179-81; The excellent collection from Z Vilani in his Mazavos be-Eretz ha-Kodesh pp. 117-150.

On Shmuel ha-Navi and visiting his grave, see Lamu Tzamu pp. 177-180; Reiner op. cit. pp. 306-320

Notes:
[1] On using bow and arrows on Lag Ba-Omer: see the sources listed by Landau, ibid pp. 124-26 [At this point I am unable to find the source for the riddle of the Malbim that Landau brings.] Moadim le-Simcha pp. 155-59; Pardes Eliezer pp. 229-49; ha-Koton ve-Halachosov chapter 24 p. 59 n. 22; Kundes p. 49 [see here on this work]; Zikhronot Av u-Beno p. 231; Zikhronot me-Rav Litai p. 245 [on this work see here]; A.S. Sachs, Worlds that Passed (Philadelphia, 1928), 112.

[2] About the song Bar-Yochai (which he choose not to talk about it at all), see Landau piece in Maseh Meron; the excellent study by Professor Moshe Hallamish, in Hakabblah, 507-531. See also Hallamish’s Hanageios Kabbalios be-Shabbat pp. 300-03. On general songs composed for Rashbi see Hallamish in Hakabblah pp. 259-83.

[3] R. Yaakov Hillel deals with all this in his sefer Aid ha-Gal ha-Zeh printed two years ago. This is a nice sefer all about Lag Ba-Omer and the Zohar. He has many interesting chapters including the origins of the Zohar the importance of learning Zohar and how to learn it. Another chapter he has is on the topic of contradictions between Kabbalah and halakha. He also has a chapter on Torah Lav Min hashamaayim and its relation to pesak halakha. He also deals with this topic in a few other places in his notes on Moreh Betzbah of the Chidah. It is worth seeing the latest edition, page 159 and onwards, as it is updated from the 1980 edition. He also dealt with this in his journal Mekabtzeal (25: 45-59). R. Hillel definitely saw what Benayahu writes on the topic but he does not credit him at all.

[4] For more on this see Ivan Marcus in Rituals of Childhood (Yale, 1996) and in his Jewish Lifecycle (Washington, 2004).




“Is taking my husband not enough?” (Gen 30:15)

“Is taking my husband not enough?” (Gen 30:15)
Rabbi Nathan Kamenetsky of Jerusalem
Rabbi Nathan Kamenetsky is the author of the much-talked-about-book, Making of a Godol: A Study of Episodes in the Lives of Great Torah Personalities. A Hebrew version of this essay for Parashat Va-Yetze was first published last week at the Seforim blog [here] and the translation was prepared by Rabbi Daniel Tabak of New York.
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If we study the Bible without the words of Hazal, we may think that Leah was on the level with Jacob when her father hoodwinked him and swapped her with her sister. That is, Leah was in the dark about the agreement between her father and his nephew that the latter would marry “Rachel, his younger daughter.” The agreement was then breached by Laban, and Leah believed that she had been chosen from the outset to be Jacob’s wife. Therefore, when Rachel entered Jacob’s tent after her own week of celebration, Rachel was an interloper. And so, some years later, when Rachel requests the jasmine that Reuben found, Leah protests: “Who asked you to marry my husband? And now you want my son’s jasmine? Sister, I’ve had it up to here with you.” That is how the story goes without the words of Hazal.
I recall that in the beginning of 5708 [late 1948], World War II had ended even in the Pacific Theater with Japan’s defeat, and hundreds of Mirrer Yeshiva students in Shanghai were already permitted to emigrate to the United States. They settled in a Jewish neighborhood in Brooklyn called “East New York.” A spacious synagogue on Ashford Street was transformed into their study hall, where they continued to study Torah diligently and the legendary mashgiah R. Yechezkel Levenstein of blessed and saintly memory delivered his ethical talks.[1]

In the first decade of 5700 I was a young student learning in Mesivta Torah Vodaas, and on the sabbath of Va-Yetze I was a guest at my sister and brother-in-law, Rabbi Yisroel and Malka Shurin, may their repose be in Eden. I went to see with my own eyes what a European yeshiva was. A common saying of Rabbi Avrohom Kalmonovitch, the dean of the Mirrer Yeshiva who carried it as a caregiver cradles an infant through its long exile in Shanghai, had echoed in the yeshiva world during that period. He asked: is it possible that after Noah had fed the ark’s lion day-in and day-out at great personal risk, bringing the food late once warranted such a bite that left him with a limp? He answered that the lion was not any old lion, like the ones we see in the zoo, but the last lion in the entire world, and one cannot delay in feeding such a lion even once. Rabbi Avrohom spoke figuratively of the Mirrer yeshiva, the only European yeshiva to survive a destroyed world, a yeshiva that needed to be cherished. For a yeshiva student like me, it was appropriate to travel a great distance to see this singular yeshiva and become aromatized by its atmosphere.

As the sky grew dark on that sabbath in the dim, crowded study hall, the mashgiah delivered an ethical sermon that has been seared into my memory for more than sixty-six years. He based his talk on the words of Rabbi Joshua b. Levi in tractate Yoma (72b): ‘What is the meaning of ‘this is the Torah that Moses placed (śam)’? If one is worthy, it turns into an elixir (sam hayyim) for him; if unworthy, it turns into poison (sam mita).’ He explained that if we do not study biblical verses as Hazal interpreted them, then the Torah itself becomes poisonous. He exemplified the matter in that week’s Torah reading, saying that without the words of Hazal we believe that after Jacob was well-on in years he decided that the time to marry had arrived, looked at both of Laban’s daughters – each with their own appearance – and chose one of them, after which he said ‘when will I be able to work for my household etc. etc.’ What was Jacob our forefather’s intention? To settle down and raise a family like everyone else. Such an understanding, however, is venomous. When is the Torah an elixir? When we comprehend the verses as Hazal did when they explained ‘and Laban had two daughters’ (29:16) as two beams stretching from one end of the world to the other (meaning, don’t read ‘daughters’ [banot] but rather ‘builders’ [bonot], along the lines of ‘don’t read it as your sons [banayikh] but your builders [bonayikh], for these are the two sisters who built the world), one raising kings and the other raising kings […] to this one were given two nights and to this one two nights, to Leah the night of Pharaoh and Sennacherib, to Rachel the Night of Gideon and the night of Mordechai (Yalqut Shim’oni #124 [end]). In other words, Jacob viewed both of them as architects of the Jewish people and that people’s perpetuity, so everything that he did was with the establishment of the Jewish people in mind. If we look at every step that Jacob took in this light, then our Torah study becomes an elixir. When the mashgiah expounded in this manner to the students of the Mirrer Yeshiva, who had no longer been young for quite some time, whose families had perished in Europe, who were exhausted from the many years of wandering in far-flung locales, he was saying that they should not cook up fresh plans in this new land such that every man would become engrossed in tending his field or vineyard, as poison was in that pot (per II Kings 4:40), but they should take stock as to the best way to build their lives in a way that would contribute to the general good of the Jewish people and its endurance. Notwithstanding the fact that I am a fan of the text’s simple meaning and love the literal-contextual meaning of the text, I have carried with me until today the mashgiah’s admonition to study the Bible in a way that makes it an elixir.
Here, too, if we study the narrative of the two sisters as Hazal did, we can imagine how Rachel, after believing for seven years that she would marry Jacob and planning to do so, could not stand — even in that happiest of moments before the wedding — her older sister being ashamed, and she decided to teach her the secret code. We are impressed by Rachel’s sensitivity, which seems like something humanly unattainable! Hazal had good cause for saying that it was our matriarch Rachel who will persuade God (as it were) not to jealously punish the Jewish people when they worship foreign gods and “the bed is too short to stretch oneself out” (Is 28:20)[2] because she patiently brought a co-wife into her house without jealousy, and through this merit God will return his children to their borders (the end of petihta 24 of Lamentations). Leah knew full well that she was deceiving Jacob by taking her sister’s place; moreover, her sister helped her pull it off. Is there any header student who doesn’t know that Rachel gave her sister the secret code? Only then does Leah’s charge “is taking my husband not enough?” become so difficult to comprehend – did Rachel forfeit her right to Jacob because she heroically facilitated Leah’s marriage to him? On the contrary, according to Hazal Rachel brought her co-wife into her house, unlike Leah’s claim that Rachel was crashing her party. I know full and well that this difficulty forced two commentators – Nahmanides and the Or ha-Hayyim – to posit that Leah was complaining that Rachel was supplanting her in their relationship with Jacob. Nahmanides explains that Leah alleged that Rachel was acting as the mistress and making Leah the maidservant, but such behavior on Rachel’s part is absent from the Torah, making this a difficult position to take. Perhaps one can point to Rachel’s answering first when Jacob requested his wives’ consent to leave Aram for Canaan (31:14) as a sign that she felt dominant over Leah. The opinion of Rabbi Jose, however, is that Rachel could speak before her older sister because Jacob had called her first (31:4; Midrash Rabba 74:4). Furthermore, none of this appears until after the request for the jasmine. The Or Ha-Hayyim argues that Leah was upset that Jacob’s fixed bed was with Rachel, which is also difficult since the proximity of Rachel’s tent to Jacob is not mentioned until Laban chased Jacob and searched for his idols, according to Rashi (commentary on 31:13), and Nahmanides completely disagrees with his interpretation of that verse (see there). Rashi on 31:4 does note before Jacob’s flight from his father-in-law that Rachel – not Leah – was the mainstay of the house, and Hazal find evidence of this in Simeon ’s birth where “and Rachel was barren (aqara)” (29:31) is taken to mean “foundation of the house (‘iqqaro shel bayit),” which should have been a grievance directed not at Rachel but Jacob since the husband decides which of his wives will predominate. Our teachers Nahmanides and the Or Ha-Hayyim of blessed memory both interpreted the verses in their own way, because it never occurred to them to take Leah at her word.[3] I have found an interesting interpretation in the widespread contemporary series Da’at Miqra, which usually understands the verse in its literal-contextual meaning, that agrees that Leah took part in the deception with Rachel’s knowledge (as above), and even depicts an imaginable scene where Leah sits in a dark corner of Rachel’s wedding party wearing a bride’s veil as her disguise, and at the critical moment her father brings her to Jacob in lieu of his wife (“Laban took his daughter Leah and brought her to him”). Regarding Leah’s subsequent charge “is taking my husband not enough?” Da’at Miqra says laconically “here Leah was ungrateful for Rachel’s kindness,” but nothing more. In my humble opinion this approach is unacceptable: God forbid that we should describe one of our matriarchs as having poor character. Da’at Miqra depicts Rachel and Leah, who
together formed the Jewish people, as respectively sensitive to a fault and lacking basic human decency. It is bewildering! Now, it is true that there is an approach among medieval commentators which disagrees with Rabbenu Behayye’s opinion that “the matriarchal prophetesses had nothing ugly about them nor any moral failing” (commentary on 29:20), and so Nahmanides can write about the Torah’s statement that “Sarah oppressed” Hagar (16:6) that “our matriarch sinned in this oppression” (and Da’at Miqra agrees with Nahmanides there and also cites Radak who says “Sarah did not act in accordance with ethics or piety in this matter”), but why, then, did Nahmanides not write here what he did regarding Sarah, for here too “Leah sinned in speaking to her sister thus,” instead of twisting Leah’s words to fit a forced interpretation? We must conclude that Nahmanides knew that if we take Leah’s words in the simplest way, as the author of Da’at Miqra did, we would end up with not just a failing of morality or piety but a basic lack of humanity (as mentioned above), and Leah’s sin would be so egregious to an extent that we cannot suspect of our matriarchs. God forbid that we should even entertain such a notion about these great women.

I will now speak my piece about this, and I hope that Heaven has left me enough room to make a contribution. At the end of Toledot, Rashi admitted ‘I do not know what it is teaching us’ regarding the final words of the verse ‘Isaac sent Jacob and he went towards Padan Aram to Laban son of Bethuel the Aramean, brother of Rebecca, the mother of Jacob and Esau (em Ya’akov ve-‘Esav)’ (28:5). Rashi found the words difficult because we already know the identity of Rebecca’s children, so why did the Torah need to add these three words? The question can be answered by way of the cantillation. One would have thought that the etnahta should have been placed under ‘Jacob,’ as the words that follow ‘and he went towards Padan Aram’ lead into the rest of the verse ‘to Laban son of Bethuel…’ to mean that Jacob went to Laban in Padan Aram. The Masoretes, however, placed the etnahta under ‘Aram,’ implying that they understood the rest of the verse beginning with ‘to Laban’ as referring back to the sending off, i.e. Isaac sending Jacob to Laban, and the words ‘and he went towards Padan Aram’ constitute a parenthetical statement letting us know that Jacob did indeed fulfill this mission. This would be similar to what it says further on (verse 7) about Esau observing Jacob’s actions — ‘Jacob listened to his father and to his mother and went to Padan Aram’ — namely that Esau saw that Jacob listened to his parents and left Beersheba, and in the end, in fact, went to Padan Aram (see Rash ad loc.). The Masoretes took the verse to be speaking not about Jacob’s arrival in Padan Aram but about the separation from Isaac for a simple reason, namely, if the verse wanted to convey Jacob’s arrival in Padan, then it would be anatopistic, as the proper place is later when the Torah narrates Jacob heading eastward (29:1). It was therefore preferable to construe the words ‘to Laban…’ as referring back to the sending off. We still need to comprehend, however, what all of verse 5 teaches us, because (1) it already says above in verse 2 that Isaac commanded his son to go to Padan Aram to take one of Laban’s daughters as a wife, so what is this verse adding, and (2) it says in verse 2 that he sent him to the house of Bethuel and in verse 5 no house is mentioned, only Laban’s name. We are forced to propose that aside from Isaac blessing Jacob with the Abraham’s blessing and commanding him what to do in a general sense (verse 2), Isaac subsequently had parting words for Jacob when the latter was actually ready to leave: ‘now, my son, I will explain in more detail what you need to do when you get to your destination of Bethuel’s house. Speak to Laban, who will certainly be instrumental in helping you settle in, because you are his nephew. He will agree to give you one of his daughters as a wife, and given that I now knew that you purchased the birthright from my older son Esau, remember that when you arrive there, because you are now the ‘older’ son and Esau the ‘younger.’’ The order in ‘mother of Jacob and Esau’ fits perfectly. What did Isaac intend by telling him this just as he set out to fulfill his charge? He meant to tell him that until then he had only outlined the general intention of marrying one of Laban’s daughters without specifying which one to take, whereas now he is saying outright that since Jacob was “eldest,” he needed to marry Leah, eldest of Laban’s daughters. That is the purpose of verse 5.[4]

The Torah only hints at this new command of Isaac’s for a simple reason. When Jacob reached Haran and saw Laban’s two daughters, it was specifically the younger one who found favor in his eyes. The Torah emphasizes more than once Jacob’s deep love for Rachel[5] to justify disobeying his father Isaac’s command to marry Leah, because our forefather Jacob followed the law as codified in Shulhan ‘Arukh (Yore De’a, end of no. 240) that a son does not have to obey his father’s command not to marry a specific woman, and the same goes for a command to marry a specific woman that the son does not want to marry. Instead of the Torah stating explicitly Jacob’s command to marry Leah, a hint sufficed, because although Jacob was in the right about not listening to one’s father in choosing a spouse, there was no need to draw attention to his disobedience, and just as it is inappropriate for a son to broadcast the permissibility of not listening to one’s father, so the Torah concealed the matter. Lest the reader respond with Rabbi Judah b. Bathayra’s remark to Rabbi Akiva when the latter revealed that the wood-gatherer was Zelophehad (a baraita on Shabbat  96b) “you will have to answer for this: if it is as you say, the Torah hid it and you revealed it,” note the continuation of the Talmud there (at the top of 97a) that says “but he [R. Akiva] derived it from a gezera shava,” with Rashi’s comment “and if so, the Torah did not hide it for it is practically explicit.” If a derivation by means of a gezera shava is not considered hidden, then certainly something derived from the literal and contextual reading of the text is not. More generally, what I am conveying about our forefather Jacob is that he followed the Torah’s laws — since the Torah did not say outright that Jacob did not listen to his father but said it allusively, i.e., in a manner that requires a kind of discovery, one does not find Jacob defying his father. Note this well.[6]
When dawn broke the morning after Jacob’s wedding and “behold, it was Leah,” the couple had a conversation. Jacob reproached Leah for deceiving him and here is her riposte: “I learned to do this from you, because you hoodwinked your father when he intended to bless Esau and you took his place. There is no master without students” (Bereshit Rabba 70:19). In my humble opinion I would like to lengthen and fill out this conversation. Leah did not have the last word or parting shot; Jacob continued the conversation. “You should know that when I arrived in Haran seven years ago, I told your sister that I wanted to marry her, but she warned me that her father would try to deceive me and replace her with her older sister. I responded that he would not succeed in tricking me because ‘I am his brother in deception’ (Megilla 13b). Now know this, Leah, what I told her is true that no-one can pull one over me, even if my new father-in-law is the son of swindlers and from a place of skullduggery (Bereshit Rabba 63:3). Ask, then, how did you succeed last night? Well, when I was about to leave my righteous father for Beersheba, he confirmed that the birthright I purchased from my brother Esau many years prior, when I was only fifteen years old (Bava Batra 16b), was a transaction with everlasting force, making me – and not Esau – the firstborn. He therefore commanded me to marry you, the older sister. Although I did not want to obey and marry you, and notwithstanding that I was not obligated to heed his command, nevertheless it constituted a decree by a righteous person about which it is said that ‘what you decree, will be done’ (Job 22:28, see, inter alia, Shabbat 59b). That is to say, you and your father did not succeed in cheating me, but my father (may he live a long, good life) triumphed in compelling me to marry you just as he wanted.” In that way Jacob demonstrated to Leah that he was a man of Truth and not full of deceit as she had thought.[7] He was not a Rav-sheqer; he did not have proteges in the art of lying. He hadn’t tricked his father at all in taking the blessings intended for Esau forty-eight years after he purchased the birthright, because Isaac intended to bless his firstborn and believed that Esau was the firstborn, when in reality Jacob was already the true firstborn. Only then did a lightbulb go off in twenty-two-year-old Leah’s head (Sefer ‘Olam Rabba, ch. 2) since she now realized that her lifelong worry about marrying Esau had been in vain; all those years of crying (Bava Batra 123a) had been for naught. Forty-seven years before she was born Jacob took Esau’s place as firstborn, and at the moment of her birth she was already destined for Jacob and not his wicked brother. In the wake of this conversation Leah already knew enough that when the first of Jacob’s vigor was born, her son Reuben, she could say “see the difference between my son and my father-in-law’s son […] After my father-in-law’s son Esau sold the birthright and it was my husband’s for some time, Esau protested so strongly that my entire life I mistakenly thought that Esau was the firstborn, as did all of my contemporaries, until my father-in-law had to reiterate in Jacob’s presence, before their parting, that Jacob was the firstborn, and he decreed by the decree of the righteous that he should marry me, the firstborn.”
Do not let my novel understanding that Isaac wanted his son to marry Leah put you off on account of its absence in the literature of Hazal, for I have found the following in Rabbenu Behayye (commentary to 28:5). He asked why Jacob was punished for absenting himself from his parents’ residence for twenty-two years with the absence of his own son Joseph for the same number of years (Megilla 16b-17a), when in fact Jacob was sent to Padan Aram by his parents, in which case how could his absence constitute a violation of the commandment of honoring one’s parents for twenty-two years? Rabbenu Behaye answers: “they thought that he would take Leah and return as soon as they sent for him, but he set his eyes on the younger Rachel for her beauty.” This implies that Rabbenu Behayye believed that had Jacob married Leah upon arriving in Haran, Laban would not have expected him to work for him at all, and it was only because Jacob wanted Rachel that he was forced to obligate himself to work for her father for seven years. He seemingly derived this from what Jacob said to Laban – “I will work seven years for Rachel, your younger daughter” – which he took to mean that since she is young and unfit for marriage, I will work for seven years so you will be willing to marry her off before the older daughter. Rabbenu Behayye’s comment appears slightly difficult given Isaac’s explicit command to “marry one of the daughters of Laban, your mother’s brother” (28:2), which implies that he could choose whichever one he wanted to marry, the corollary being that if his choice required him to be absent from his parents’ home, it should not constitute a negation of the imperative to honor one’s parents. Why, then, did he deserve punishment for being absent from his father’s house?[8] In addition, the first part of Rabbenu Behayye’s comment, in which he writes that “they thought he would take Leah,” makes it seem as if Jacob had no choice whatsoever in choosing his wife, which is hard to fathom. It must be the case that Rabbenu Behayye understood verse 5 — “Isaac sent Jacob…” — in accordance with my innovative approach that at the moment of departure from his parents Jacob was given a hint about his new charge, that he would not choose his wife but would marry Leah specifically, which makes Rabbenu Behayye’s comment harmonious. Rabbenu Behayye’s innovative understanding that Jacob would not have had to work to marry Leah appears contradictory to Nahmanides’ understanding of the words “complete this week,” meaning complete the time period that you are still obligated to work for Leah (see there), yet he should not have had to work for Laban’s older daughter at all! Moreover, why was Jacob unable to use the seven years he had worked for free to get Rachel? Why did he have to work another seven years for her? And if we say Laban only required it because Jacob wanted to marry the younger daughter before the older was married, why did he have to work for Rachel after Leah was already married? Perhaps Laban originally intended to deceive Jacob and give him his oldest daughter (just as Rachel had warned Jacob immediately upon meeting him, as noted above), but he also knew that Jacob had a special divine providence watching over him as in his statement “I have observed the signs and God has blessed on account of you” (30:27). After seeing that Jacob was prepared to work seven years for Leah, he decided that Heaven was showing him that he should demand seven years of work for Rachel as well, so he asked for seven years of work for Rachel even after it was her turn to marry. It’s obviously hard to know exactly a swindler is thinking. I should add parenthetically that the explanation appearing in the continuation of Rabbenu Behayye’s comment, that Jacob’s parents thought he would immediately return when they sent for him, notwithstanding Rabbenu Behayye’s terseness clearly means that Rebecca had sent a messenger immediately upon his arrival at Laban’s house to inform him that the danger posed by Esau had evaporated and he could return home at once, in which case his entire twenty-two-year stay was against the wishes of his father and mother. I found as much in the Hiddushei Haggadot of the Maharsha (end of the first chapter of Megilla, 16b, s.v. gadol talmud Torah) who wrote: “Why was Jacob punished for those twenty-two years given that he left at their will and command, which means that ostensibly they forewent their honor? The author of the Imrei No’am answered in the name of the Ri of Paris that at the end of the fourteen-year stint in the house of Eber, Esau’s anger subsided and Rebecca sent her wetnurse Deborah after him to Laban’s house, but he stayed there for twenty-two years.” I checked the Imrei No’am, an anthology of medieval commentaries on the Torah reprinted in Jerusalem in 5730 (1970), for his exact phrasing and found the following: “R. Judah of Paris responded that by the end of the fourteen years during which Jacob served in the house of Eber Esau gave up hope of finding him, and afterward he arrived in Haran. When Rebecca found out that Esau’s anger had subsided she sent her wetnurse Deborah after him, as Rashi explained in Va-Yishlah on the phrase ‘Deborah died.’ It turns out that when Deborah came to Jacob he had only been at Laban’s house for a year but he did not want to return and was therefore punished for remaining there twenty-two years after his mother’s command.”[9] R. Judah explained at length what Rabbenu Behayye wrote concisely, “that he would return as soon as they sent for him.”[10] Taking R. Judah’s answer on its own (as it
is in fact cited in the Maharsha) proves quite difficult, for only Rebecca was told that Esau was looking to kill Jacob and so sent Jacob to Haran to deliver him from Esau’s hand (27:43-45), whereas Isaac was wholly unaware that Jacob was fleeing from Esau and his command to Isaac was to go to Bethuel’s house to marry one of Laban’s daughters. Even if one could argue that his mother’s command lapsed after his extended underground stay in the house of Eber, his father’s remained in force, so why would he punished for his absence from his parents’ house? We can resolve this by positing that the two answers complement each other. Rabbenu Behayye explains why honoring his father through the command to marry did not entail remaining in Haran because he was to marry Leah and return forthwith, and R. Judah clarifies why honoring his mother by fleeing from Esau also did not force him to remain in Haran because Esau’s anger had subsided. This is truly wonderful, thanks to God’s help.[11][12]
With this new understanding of verse 5 we can appreciate Leah’s words to Rachel anew, “is taking my husband not enough?” Leah is not referring to Rachel’s marriage to Jacob after having given her the secret code and helping her marry him, because Rachel would not have lost her right on account of that, as we mentioned above. Rather, Leah is referring to Rachel stealing Jacob’s heart at their first meeting, when Jacob the “firstborn” was not meant for her, Laban’s younger daughter, but for Laban’s older daughter. That was Leah’s contention against her sister. Yet, Leah could not have had any grievance against her sister about this, because Rachel had believed throughout her life that she was designated for Jacob, just as Leah herself mistakenly believed that she was to marry Esau and even weeped so much that her eyelashes fell out (Bava Batra 123a). Leah puts it to Rachel simply: “is it not enough to unwittingly take the man designated for me that now you want to knowingly take my son’s jasmine?” This resolves the difficult language of taking (qiha) used here, for the Torah more generally puts the man in the active role. It says “when a man takes (yiqah) a wife” and not “when a woman (tiqah) takes a husband,” as a wife is acquired by her husband and not a husband by his wife. It does not even write “when a wife is taken (tillaqah) by a man” (see Tosafot Ri Ha-Zaqen in the margins of the Vilna Talmud at Qiddushin 5b) because the man is the active one. If it were putting things as they seemingly should be put, Leah should have told her sister “is giving yourself to my husband not enough?” and not “is taking my husband not enough?” which would have blunted her conclusion “that you need to take my son’s jasmine too,” seeing as Rachel had not  taken anything at all. According to the new interpretation, however, the use of ‘taking’ here works out, because the attraction – witting or unwitting – generated by a woman to draw a man close is called “taking (qiha), as the sage cautioned his son about being ensnared by a wicked woman by saying “Do not covet her beauty in your heart, and do not let her take you (tiqahekha) by her eyes” (Prov 6:25). The development of a relationship between a man and woman is as follows: after the woman “takes” the man, so that she becomes desirable and he loves her,[13] the curse of Eve kicks in, “your desire will be to your husband and he will rule over you” (Gen 3:16), which was said to Eve after she had already “taken” her man (“your husband [ishekh]”). The next stage has the man marrying her as she becomes passive. We can perhaps include within this Rashi’s brief statement on this verse, “it is all from him and not from you,” which says that the husband takes a wife and not vice versa (see Qiddushin 5b-6a where even the betrothal formula “I am now your husband [hareni ishekh]” is unequivocally invalid, because it can be construed to mean that she stole his heart as a prelude to the transaction even though he was the active party in the transaction in giving the monies, and the same implication of attraction by the word ishekh is true in our verse as well). When Leah asks “is taking my husband not enough?” she is talking about the earlier stage in which Rachel actively attracted Jacob, by which she “took” Jacob when he was designated for Leah.
Let me conclude this devar Torah by adding that it is superfluous for a ben Torah who grew up in the yeshiva world, which brings this full circle to my introduction that the Torah is an elixir only when studied in the appropriate way, and if we study it any other way it transmogrifies into, God forbid, a poison. When we speak about our ancestors, and it goes without saying our patriarchs and matriarchs, and their emotions and behaviors, be they Jacob’s love for Rachel leading him to disobey his father or Rachel’s “taking” of Jacob, we are not speaking about feelings that normal people of our generations feel but about matters that are the secret of this world’s foundation and endurance, along the lines of my citation at the beginning of the piece of Reb Chatzkel’s quote from the Yalqut that “Laban had two daughters” means two who built an everlasting nation. It is possible that with Isaac’s trait of Fear (Pahad), he would consider together with what “they used to say at the crossroads”: such were the stipulations (between Rebecca and Laban according to the Matnot k’hunah, or from God implanting it in their natures according to the explanation of the Maharzu), the older [daughter] for the older [son] and the younger for the younger” (Bereshit Rabba 70:16 and Bava Batra 123a), whereas Jacob as man of Truth did not have to adopt what “everyone used to say” (Rashi on 29:17). On the contrary, given his trait of splendor, he chose Rachel and her patience over Leah. When we say that our matriarch Rachel “took” Jacob, we are simply expressing what Hazal taught us in Bereshit Rabba (17:7) that everything comes from one’s wife, in which case Jacob’s utter righteousness developed through her as well, causing Leah to complain to her sister that she had inspired Jacob’s service of God when it had been Leah’s right, and, as such, we are talking here about the sublimest matters.
[1]
It is well-known that it did not take long for Reb Chatzkel to detest America
and make aliyya to the Mirrer Yeshiva in Jerusalem, and after the passing of R.
Eliyahu Eliezer Dessler he moved to Bnei Brak to fill his post in Ponevezh
Yeshiva.
[2]
See Rashi on Yoma 9b, s.v. shenei re’im.
[3]
The Seforno apparently did take her
at her word.
[4]
Perhaps Rashi’s masoretic tradition had the etnahta
under ‘Jacob,’ and the latter part of the verse would be taking about his
arrival in Padan Aram and not his mission, which is why Rashi did not know what
the Torah intended. The Torah records that he eventually arrived in Haran after
spending several years in the tents of Eber as background for the later verse
in which Esau saw that Jacob had listened to his parents and went to Padan
Aram.
[5]
See Da’at Miqra, pp. 402-405, where
R. Yehuda Kiel of blessed memory presents the idea that Jacob’s love for Rachel
hovered in King Solomon’s mind as a template for love when writing Song of
Songs.
[6]
Parenthetically, I should explain the second part of R. Judah ben Bathayra’s
remark to R. Akiva in that baraita
“if not, you are spreading lies about that righteous man” (in the Sifrei on the episode of the
wood-gatherer in Shelah, we do not
have this reading at all). He was telling R. Akiva that even if his colleagues
challenged the identification of Zelophehad and R. Akiva ended up agreeing, his
statement about Zelophehad would remain on record and the sin he would have to
answer for was baselessly suspecting a righteous person.
[7]
In Bereshit Rabba (50:3) a man named Rav-Sheqer (full of deceit) is
enumerated as one of the five chief justices of Sodom.
[8]
We must perforce deduce from Rabbenu Behayye’s words what later commentators
did (whom I will mention in footnote 12 below) that Jacob was punished for
violating the nuance of honoring one’s parents. Even though his father gave him
permission to choose, he should have specifically chosen the option that would
allow him to return home as soon as possible, i.e. Leah, and God is exacting
with those closest to him unto a hairsbreadth.
[9]
The Maharsha omitted what the Ri of Paris wrote — “It turns out that when
Deborah came to Jacob he had not even been at Laban’s house for a year” —
because it is in fact difficult to discern R. Judah’s intent. If I were not
afraid to do so I would suggest an emendation from ‘year’ to ‘month,’ as R.
Judah would be saying that Deborah arrived after Jacob had resided with Laban
for a month (29:14) and not more, i.e., before Jacob was obligated to work for
seven years and could still return without reneging on any sort of obligatory
arrangement with Laban.
[10]
What Ri of Paris cites from Rashi on Va-Yishlah
(which Rashi claimed to have learned from R. Moses the Darshan), that Deborah
was the messenger telling Jacob to return home, and upon which he bases the
idea that Deborah was sent as soon as Jacob arrived in Haran, is not
universally agreed upon. In Moshav
Zeqenim
, another collection of Tosafist comments on the Bible, I found the
following on the verse “I will send and take you from there” (Gen 27:45): “It
is perplexing. We do not find that she [Rebecca] sent or who the messenger was.
It appears to me that God was the messenger as it says ‘God said to Jacob:
return to the land of your forefathers and your birthplace’ (31:3). See how
great the righteous are that God himself mobilizes on their account to do their
bidding, in fulfillment of the verse ‘he completes the counsel of his mal’akhim’ (Is 44:26).” But if the
command of God was Rebecca’s messenger, why do we find God speaking to Jacob
about returning to Israel only after staying at Laban’s house for twenty years
(31:41), after Joseph’s birth (30:25), after becoming wealthy (31:2-32:2), and
not immediately after his arrival in Haran.
[11]
Regarding the Maharsha who cited R. Judah of Paris without connecting his ideas
to Rabbenu Behayye, the question of Jacob’s necessary stay in Haran to marry
remains in force. An even more troubling aspect is the Maharsha’s mention of
Jacob’s departure at the will and command of his parents, whereas the answer
only relates to his mother’s desires. This requires serious investigation.
[12]
See the Ben Ish Hai’s Ben Yehoyada’
on Megilla (ad loc.) and the Keli Yaqar
at the beginning of Va-Yetze, who
answer the question of why Jacob was punished. They say that although Jacob’s
activities in Haran were worthwhile, he intention was not. In other words, God
was extremely exacting with Jacob. The Ben
Yehoyada’
writes that Jacob staying for six more years after finishing his
seven for Rachel created an opening for Satan to claim that the entire
twenty-two year stint in Haran was not a fulfillment of his parents’ mission
but of his own (and the entire punishment of his beloved son Joseph’s absence
was to quiet Satan). The Keli Yaqar
believes that Jacob did not just “go” to Haran as his father said “arise and go
towards Padan Aram” but he “left” Beersheba, meaning that he forgot about his
father’s house, and for that he was punished.

 

[13]
Through this “taking” she takes him as a prince and king over her (see
Maimonides, Hilkhot Ishut 15:20),
that is, she coronates him.



The Golem of Prague in Recent Rabbinic Literature

The Golem of Prague in Recent Rabbinic Literature
by: Shnayer Leiman
In a recent issue of המאור – a rabbinic journal of repute – an anonymous notice appeared on the Golem of Prague.1 Apparently, a rabbi in Brooklyn had publicly denied the authenticity of the Maharal’s Golem, claiming that R. Yudel Rosenberg (d. 1935) – in his נפלאות מהר”ל (Piotrkow, 1909) – was the first to suggest  that the Maharal had created a Golem. According to the account in המאור, the rabbi based his claim, in part, on the fact that no early Jewish book records that the Maharal had created a Golem. In response to the denial, the anonymous notice lists 6 “proofs” that the Maharal of Prague, in fact, created a Golem. Here, we list the 6 “proofs” in translation (in bold font) and briefly discuss  the weight they should be accorded in the ongoing discussion of whether or not the Maharal created a Golem.
   1. How could anyone imagine that a [Jewish] book written then [i.e., in the 16th century] could include a description of how Jews brought about the deaths of numerous Christians? At that time, the notorious censors censored even more fundamental Jewish teachings. Fear of the Christian authorities characterized every move the Jews made, from the youngest to the oldest.
The argument is presented as a justification for the lack of an early account of the Maharal and the Golem. Only in the 20th century could the full story appear in print, as it appears in נפלאות מהר”ל.  Apparently, the author of the anonymous notice has never read נפלאות מהר”ל. The volume does not depict how “Jews brought about the deaths of numerous Christians.” If the reference here is to the punishment meted out by the Golem to the Christian perpetrators of the blood libel,  נפלאות מהר”ל never depicts the Golem as bringing about the death of anyone, whether Christian or Jew. If the reference here is to the blood libel itself, נפלאות מהר”ל describes only how Christian criminals plotted against Jews (by means of the blood libel) and subsequently needed to be brought to justice by the Christians themselves. Nowhere are Jews described as bringing about the deaths of numerous Christians.
This argument, of course, does not prove that the Maharal created a Golem in the 16th century.
    2. The Maharal’s creation of the Golem is alluded to on his epitaph, in the line that reads: “It is not possible to relate.” More proof than this in not necessary.
The full line on the epitaph reads as follows: “For him, praise best remains silent, for in any event it is not possible to relate the full impact of his many good deeds.”2 See Psalm 65:2 and cf. Rashi to b. Megillah 18a, ד”ה סמא דכולא משתוקא. Nothing is said – or hinted – here about a Golem. Alas, more proof than this is necessary indeed.
    3. If this was an invention of the author of נפלאות מהר”ל, how come a storm was not raised up against him when he published his book a century ago? Although one solitary voice was raised up against him, the majority of Gedolei Yisrael greeted his book with esteem, especially since its author was the noted and respected Gaon, author of numerous works, Rabbi Yehudah Yudel Rosenberg.
First, it should be noted that R. Yudel Rosenberg did not invent the notion that the Maharal of Prague had created a Golem. Evidence for the Maharal’s Golem dates back to 1836 (before R. Yudel Rosenberg was born).3 If the rabbi in Brooklyn claimed otherwise, he was mistaken. Thus, the claim in 1909 that the Maharal of Prague had created a Golem occasioned little or no surprise.
Second, R. Yudel Rosenberg ascribed the book to R. Yitzchok b. R. Shimshon Katz, the son-in-law and contemporary of the Maharal. R. Yudel described in great detail how he had managed to come into possession of this rare manuscript.4 There was no immediate reason to suspect that this was a literary hoax, especially coming from the hand of R. Yudel Rosenberg.
Third, had the book contained pejorative material about the Maharal, a storm would surely have been raised against it. Instead, the book presented the Maharal as a master kabbalist, who created the Golem in order to stave off the notorious blood libel accusations against the Jews. Why should anyone have protested against this heroic image of the Maharal?
In any event, even if one concedes that “the majority of Gedolei Yisrael greeted his book with esteem” (a dubious claim that cannot be proven), it surely does not “prove” that the Maharal created a Golem. A book published in 1909 is hardly proof that the Maharal created a Golem in the 16th century.
    4. Chabad Hasidim relate in detail how R. Yosef Yitzchok Schneersohn visited the attic of the Altneu shul in Prague and saw what he saw. He wasn’t the first to do so – as reported by various elders – in the last 400 years.
Indeed, a long list of the names of the famous and not-so-famous who visited the attic of the Altneu shul can easily be drawn up. That the sainted Rebbe, R. Yosef Yitzchok Schneersohn, visited the attic of the Altneu shul is established fact. It is recorded in contemporary documents, i.e, in the Sichos and Letters of his successor, the Rebbe, R. Menachem Mendel Schneerson.5 Exactly what the Rebbe saw in the attic is less certain. According to one account, when asked, R. Yosef Yitzchok chose not to respond.6 According to another account, he reported that he saw ”what remained of him,” i.e., of the Golem.7 For Lubavitchers, this may be unassailable proof that the Maharal created a Golem, and perhaps that is as it should be. But for historians, dust – or even a bodily form – seen in an attic early in the 20th century hardly constitutes proof that the Maharal created a Golem in the 16th century. As a matter of fact, it should be noted that extensive renovation took place in the attic of the Altneu shul in 1883. No evidence of the Golem was discovered then.8 A film crew visited and filmed the attic in 1984. No evidence of the Golem was discovered then.9
    5. No one disputes the fact that the Maharal put an end to the blood libel accusations that the Jews had suffered for generations. And even this was not fully spelled out in the book [i.e., נפלאות מהר”ל]. Can someone explain how the Maharal accomplished this?
The rhetorical question at the end of the fifth “proof” presupposes the existence of the Golem. Only by means of the Golem was the Maharal able to counter the blood libel accusations. No one disputes that the Maharal put an end to the blood libel accusations? Quite the contrary, no one has ever discovered a shred of evidence that links the Maharal to staving off a blood libel accusation! Nowhere in his writings, nowhere in the writings of his contemporaries (Jewish and non-Jewish) and disciples, is there a word about the Maharal’s involvement in staving off a blood libel accusation. That he put an end to the blood libel accusation is historically untrue. While the blood libel charge became less frequent in the Hapsburg lands after the 16th century, it hardly disappeared.10 From the 16th through the 18th centuries, the blood libel accusation largely shifted to Eastern Europe. In Poland alone, between 1547 and 1787, there were 81 recorded cases of blood libel accusation against the Jews.11 The Beilis case is a sad reminder that the blood libel accusation continued into the 20th century as well.12
Needless to say, this argument hardly proves that the Maharal created a Golem in the 16th century.
    6. I saw in מליצי אש  to 18 Elul,13 a citation from a manuscript copy of a letter by the Maharal from the year 5343 [=1583] addressed to R. Yaakov Ginzburg, describing how he [the Maharal] was directed by Heaven to create a Golem in order to save the Jewish people. See there for details.
The manuscript referred to here is a notorious 20th century forgery of a letter ascribed to the Maharal, itself based upon R. Yudel Rosenberg’s נפלאות מהר”ל. The Munkatcher Rebbe, R. Hayyim  Eleazar Shapira (d. 1937), apparently was the first of many to expose this forgery.14
II
 In a subsequent issue of המאור, R. Hayyim Levi added 4 new “proofs” that the Maharal created a Golem.15  A brief summary of each of the new “proofs” is followed by an even briefer discussion of the weight they should be accorded in the ongoing discussion of whether or not the Maharal created a Golem.
    1. The חיד”א in his שם הגדולים16 cites a responsum from the חכם צבי,17 who in turn cites a letter by R. Naftoli Ha-Kohen of Frankfurt,18 who mentions his ancestor the Maharal “who made use of the Holy Spirit.” The חיד”א adds that he heard an awesome story about the Maharal and a revelation he had which led to a private conversation between the Maharal and the King of Bohemia.
Not a word about the Golem of Prague appears in any of these sources. Indeed, where we can examine the available evidence (in the case of the awesome story heard by the חיד”א), it apparently had nothing to do with a Golem.19
    2. R. Shimon of Zelikhov, משגיח of Yeshivat Hakhmei Lublin, said: “Everyone knows that the Maharal made use of the Sefer Yetzirah and created a Golem. I don’t claim that one needs to believe the tales in the storybooks about the Maharal. But it is clear that the Maharal used the book of Yetzirah and created a Golem.”20
R. Shimon of Zelikhov, a great gaon and zaddik, died as a martyr in 1943.21 His claim in the 20th century, however weighty, does not prove that the Maharal created a Golem in the 16th century.
    3. In the book אלף כתב,22 the author writes that he heard from the Spinka Rebbe23 in 1922 that he saw an original letter of the Maharal that described how and why he created the Golem.
This is the same notorious 20th century forgery listed as a “proof” above, section I, §6. For the refutation of this proof, see the reference cited in note 14.
    4. See סיפורים נחמדים,24 which records a story in the name of R. Yitzchok of Skvere25 about the Maharal, the Golem, and the double recitation of מזמור שיר ליום השבת at the קבלת שבת service.
This story, first published in 1837,26 is one of the oldest of the Maharal and the Golem stories. It was retold by R. Yitzchok of Skvere, and published in Yiddish (in 1890) and Hebrew (in 1903). Wonderful as the story may be, it cannot be adduced as “proof” for an alleged event that occurred some 300 years earlier.
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Even aside from the dictates of rationalism, what militates against the notion that the Maharal created a Golem is the fact that nowhere in his voluminous writings is there any indication that he created one. More importantly, no contemporary of the Maharal – neither Jew nor Gentile in Prague – seems to have been aware that the Maharal created a Golem. Even when eulogized, whether in David Gans’ צמח דוד 27 or on his epitaph (see above), not a word is said about the creation of a Golem. No Hebrew work published in the 16th, 17th, and 18th centuries (even in Prague) is aware that the Maharal created a Golem.28
In this context, it is worth noting that R. Yedidiah Tiah Weil (1721-1805),29 a distinguished Talmudist who was born in Prague and resided there for many years – and who was a disciple of his father R. Nathaniel Weil (author of the קרבן נתנאל) and of R. Jonathan Eibeschuetz, both of them long time residents of Prague – makes no mention of the Maharal’s Golem.
R. Yedidiah Tiah Weil
R. Nathaniel Weil
This, despite the fact that he discusses golems in general, and offers proof that even “close to his time” golems existed. The proof is a listing of famous golems, such as the golems created by R. Avigdor Kara (d. 1439) of Prague30 and R. Eliyahu Ba’al Shem (d. 1583) of Chelm.31 Noticeably absent is any mention of the Golem of the Maharal of Prague.32
Note too that the first sustained biographical account of the Maharal – by a distinguished rabbinic scholar from Prague – was published in 1745.33 It knows nothing about a Golem of Prague. The deafening silence of the evidence from the 16th, 17th, and 18th centuries needs to be addressed by those who are persuaded that the Maharal created a Golem.
The cumulative yield of the “proofs” put forward in המאור in support of the claim that the Maharal created a Golem is perhaps best described as an embarrassment of poverty. In the light of what passes for historical “proof” in המאור, it would seem that המאור – a reputable rabbinic journal – would probably do well to focus more on halakhah and less on Jewish history.
III
Whereas המאור commemorated the 400th anniversary of the Maharal’s death by focusing on the imaginary accounts of the Maharal and the Golem, scholars in the Czech Republic are to be congratulated for commemorating the 400th anniversary by designing a magnificent exhibition of the Maharal’s life and works and displaying it at the Prague Castle. The exhibition was accompanied by an even more magnificent printed volume edited by Alexandr Putik and entitled Path of life (and referred to several times in the notes to this posting). Despite the many excellent studies in the book devoted to the Maharal’s life and thought, much space – some will argue too much space – is devoted to the history of the Golem in art, sculpture, film, and theater. In contrast to המאור, the essays in Path of Life assume that the Golem of Prague was legendary, not a fact. Here, we reproduce one of the many imaginary paintings of the Maharal and the Golem displayed at the exhibition and included in the volume. It was done by Karel Dvorak in 1951.33

 

Not to be outdone, the Czech post office issued a commemorative  stamp to mark the 400th anniversary of the death of the Maharal. It features an imaginary portrait of the Maharal wearing a European casquette, reminiscent of the one the חפץ חיים used to wear in Radun. The first day cover includes an imaginary portrait of the Golem as well.
One wonders if the Maharal, prescient as he was, ever imagined that this is how he would be remembered on the 400th anniversary of his death!
Notes
1.  Anonymous, “הילולא קדישא הארבע מאה של המהר”ל מפראג זי”ע: יצירת הגולם” Ha-Ma’or  62:4 (2009), p. 95.
2.  The Hebrew original reads:
לו דומיה תהלה כי אין מספרים לרוב כח מעשי[ו] הישרים . See O. Muneles, כתובות מבית-העלמין היהודי העתיק בפראג, Jerusalem, 1988, p. 273. Cf. K. Lieben, גל עד, Prague, 1856, Hebrew section, p. 3.
3.   See S. [the author asked that I not reveal his name], “An Earlier Written Source for the Golem of the Maharal from 1836,” at On the Main Line, November 4, 2009. Cf. S. Leiman, “The Adventure of the Maharal of Prague in London,” Judaic Studies 3(2004), p. 20, n. 34; and see below, n. 32, for evidence from 1835 that may link the Maharal and the Golem.
4.  נפלאות מהר”ל , Piotrkow, 1909, pp. 3-4.
5.  See, e.g., R. Menachem Mendel Schneerson, תורת מנחם: התוועדויות, Brooklyn, 1992, vol. 1, p. 6.
6.  See previous note.
7.  Copy of a hand-written note by R. Menachem Mendel Schneerson published in the periodical כפר חב”ד, issue 798, 1998. The Hebrew reads in part:
בנוגע לעיקר הענין (שהמהר”ל עשה את הגולם), בעצמי שמעתי מכ”ק מו”ח אדמו”ר שראה הנשאר ממנו בעליית בית הכנסת דמהר”ל פראג.
 The full text of the letter is also available online at http://theantitzemach.blogspot.com, entry “למה נקרא שמו ברוך דוב“, Tuesday, April 27, 2010, in a comment by Anonymous posted on Wednesday, April 28, 2010 at 12:28 A.M. I am indebted to Zalman Alpert, reference librarian at the Mendel Gottesman Library of Yeshiva University, for calling my attention to the online version (and to many other important references over the many years we have known each other).
Yet a third account, drawn from a conversation with Rebbetzin Chana Gurary, a daughter of R. Yosef Yitzchok Schneersohn, provides even more detail. Rebbetzin Gurary reported:

I then asked him [her father, the Rebbe] to tell me what he had seen there. My father paused for a moment and said: “When I came up there, the room was filled with dust and shemus. In the center of the room I could see the form of a man wrapped up and covered. The body was lying on its side. I was very frightened by this sight. I looked around at some of the shemus that were there and left frightened by what I had seen.

Special thanks to Rabbi Shimon Deutsch for providing me with a copy of Rebbetzin Gurary’s testimony, as reported to Rabbi Berel Junik.

8.  See N. Gruen, Der hohe Rabbi Loew, Prague, 1885, p. 39.
9.  See I. Mackerle, Tajemstvi prazskeho Golema, Prague, 1992. Cf. his “The Mystery of Prague’s Golem,” December 12, 2009, at http://en.mackerle.cz.
10.  See, e.g., R. Po-chia Hsia, The Myth of Ritual Murder, New Haven, 1988, pp. 203-209.
11.  See Z. Guldon and J. Wijaczka, “The Accusation of Ritual Murder in Poland 1500-1800,” Polin 10(1997), pp. 99-140.
12.  For basic bibliography on the Beilis case, See S. Leiman, “Benzion Katz: Mrs. Baba Bathra,” Tradition 42:4 (2009), pp. 51-52, n. 1.
13.  Rabbi A. Stern, מליצי אש, Vranov, 1932. In the three volume Jerusalem, 1975 photomechanical reproduction of מליצי אש, the passage appears in vol. 2, p. 87.
14.  For discussion and references, see S. Leiman, “The Letter of the Maharal on the Creation of the Golem: A Modern Forgery,” Seforim Blog,  January 3, 2010.
15.  R. Hayyim Levi, “המהר”ל זי”ע” Ha-Ma’or 63:1 (2009), p. 84.
16.  R. Hayyim Yosef David Azulai (d. 1806), שם הגדולים השלם , Jerusalem, 1979, vol. 1, p. 124.
17.  R. Zvi Ashkenazi (d. 1718), שו”ת חכם צבי, סימן ע”ו, ed. Jerusalem, 1998, pp. 183-4.
18.  Loc. cit. R. Naftoli Ha-Kohen Katz of Frankfurt died in 1719. Cf. below, n. 32.
19.  See Rabbi A.S. Michelson, שמן הטוב, Piotrkow, 1905, pp. 118-120.
20.  R. Avraham Shimon of Zelikhov, נהרי א”ש, Jerusalem, 1993, p. 173.
21.  See M. Wunder, מאורי גליציה, Jerusalem, 1978, vol. 1, cols. 238-243; Jerusalem, 2005, vol. 6, cols. 105-106.
22.  Rabbi Y. Weiss (d. 1942), אלף כתב, Bnei Brak, 1997, vol. 2, pp. 47-48.
23.  R. Yitzchok Eizik Weiss (d. 1944). On him, see T.Z. Rabinowicz, The Encyclopedia of Hasidism, London, 1996, pp. 534-5.
24.  Y. W. Tzikernik, ספורים נחמדים, Zhitomir, 1903, pp. 13-14. Tzikernik’s hasidic tales were reissued by G. Nigal in סיפורי חסידות צירנוביל, Jerusalem, 1994.  In Nigal’s edition, the story about the Maharal and the Golem appears on pp. 128-130.  Tzikernik, who died circa 1908, was a follower of R. Yitzchok Twersky of Skvere (see next note) and recorded his stories for posterity.
25.  On R. Yitzchok Twersky of Skvere (d. 1885), see Y. Alfasi, אנציקלופדיה לחסידות: אישים, Jerusalem, 2000, vol. 2, cols. 339-40.
26.  The 1837 version appears in B. Auerbach, Spinoza, Stuttgart, 1837, vol. 2, pp. 2-3. See above, note 3, for a similar version of the story published in 1836. But the 1836 version makes no mention of the double recitation of מזמור שיר ליום השבת at the קבלת שבת  service.
27.  See David Gans, צמח דוד, Prague, 1592, entry for the year 5352 (= 1592). In M. Breuer’s edition (Jerusalem, 1983), the passage appears on pp. 145-6.
28.  It is noteworthy that in 1615, Zalman Zvi Aufhausen, a Jew residing in Germany, published a defense of Judaism against a vicious attack by the apostate Samuel Brenz. In the introduction to his defense, Aufhausen writes that he was encouraged by the great Jewish scholars in Prague and Germany to undertake his defense of Judaism. In the list of accusations, Brenz accused the Jews of engaging in magical rites and creating golems out of clay. Aufhausen admitted that Jews created golems out of clay in the talmudic period (see b. Sanhedrin 65b), but only by means of Sefer Yetzirah and the Divine Name, and not by engaging in magical rites. After the talmudic period, according to Aufhausen, Jews no longer had the ability to create golems out of clay, especially in the German lands. Aufhausen concludes:
 אביר אונזרי גולמיים אין דיזן לאנדן מכין מיר ניט אויש ליימן זונדר
אויש מוטר לייב ווערין זיא גיבורן.
    In these lands, however, our Golems are not made from clay, but
rather they are born from the bodies of their mothers.
See Zalman Zvi Aufhausen, יודישר טירייאק [second edition], Altdorf, 1680, pp. 7a-b. Given the apologetic nature of Aufhausen’s defense, it is difficult to assess how much stock should be put in his claim. But, surely, if the Maharal’s Golem had been strolling the streets of Prague a decade or two earlier than the appearance of the first edition of Aufhausen’s work, he could hardly claim openly that Jews no longer had the ability the create Golems out of clay after the Talmudic period.
29.  See L. Loewenstein, Nathaniel Weil Oberlandrabbiner in Karlsruhe und seine Familie, Frankfurt, 1898, pp. 23-85.
30.  See the entry on him in Encyclopaedia Judaica, Jerusalem, 1971, vol. 10, cols. 758-759. In the 17th and 18th centuries, it was widely believed that he was the author of ספר הפליאה, a kabbalistic work that describes the creation of a Golem. Prof. Moshe Idel (in a private communication) suggests that this may have led to the belief that R. Avigdor Kara of Prague created a Golem. In any event, the fact that a distinguished Talmudist in 18th century Prague was persuaded that R. Avigdor Kara had created a Golem, suggests the possibility of a transfer in Prague of the Golem legend from R. Avigdor Kara (who by the end of the 18th century was relatively unknown) to the Maharal (who by the end of the 18th century resurfaced as a major Jewish figure whose works were being reprinted for the first time in almost 250 years).  For other suggestions regarding the linkage between the Maharal and the Golem, see V. Sadek, “Stories of the Golem and their Relation to the Work of Rabbi Loew of Prague,” Judaica Bohemiae 23(1987), pp. 85-91; H. J. Kieval, “Pursuing the Golem of Prague: Jewish Culture and the Invention of a Tradition,” Modern Judaism 17(1997), pp. 1-23; Kieval’s updated version in his Languages of Community: The Jewish Experience in the Czech Lands, Berkeley, 2000, pp. 95-113;  B. L. Sherwin, “The Golem of Prague and his Ancestors,” in A. Putik, ed., Path of Life: Rabbi Judah Loew ben Bezalel, Prague, 2009, pp. 273-291; and J. Davis, “The Legend of  Maharal before the Golem,” Judaica Bohemiae 45(2009), pp. 41-59.
31.  On R. Eliyahu Ba’al Shem of Chelm, see J. Guenzig, Die Wundermaenner in juedischen Volke, Antwerpen, 1921, pp. 24-26; G. Scholem, “The Idea of the Golem,” in his On the Kabbalah and its Symbolism, New York, 1969, pp. 199-204; M. Idel, “R. Eliyahu, the Master of the Name, in Helm,” in his Golem, Albany, 1990, pp. 207-212; and idem, גולם, Tel Aviv, 1996, pp. 181-184.
32.  R. Yedidiah Tiah Weil, לבושי בדים, Jerusalem, 1988, p. 37. The passage comes from a sermon delivered in 1780.
Yet another 18th century witness, R. Saul Berlin (d. 1794), was apparently ignorant of the Maharal’s Golem. In his כתב יושר (written in 1784 but published posthumously in Berlin, 1794), p. 3b, Berlin writes:
ואולי דבר סרה על הנסים הידועים לכל בני הגולה, כאותם שעשה מוהר”ר לוי [קרי: ליוא] בהזמינו את הקיסר רודאלפוס למשתה, וע”י שם הוריד בירה מן השמים, או בגולם שעשה מוהר”ר נפתלי זצ”ל אשר עפרו עודנו טמון וגנוז.
              Did [Wessely] speak disparagingly about the miracles known throughout the Jewish Diaspora? [Did he speak disparagingly] about those miracles performed by Rabbi Liva when he invited Emperor Rudolph to his party, and when by means of a Divine name he caused the Prague Castle to descend from heaven? Or regarding the Golem created by Rabbi Naftoli of blessed memory, whose dust still remains stored away?
Clearly, R. Saul Berlin knew legends about the Maharal. But when he needed to adduce a sample of the Golem legend, he had to turn elsewhere! Interestingly, the legend about the Prague Castle descending from heaven onto the Jewish quarter of Prague was first told about R. Adam Baal Shem, and not about the Maharal.  It first appeared in print in Prague in the 17th century. By the 19th century, the very same story was told in Prague circles with the Maharal as its hero. Once again (see above, note 30) it would appear that we have a sample of the transfer in Prague of a legend from one hero to another, with the Maharal as the recipient. In general, see C. Shmeruk, ספרות יידש בפולין, Jerusalem, 1981, pp. 119-139.
Even more interesting is the reference to the Golem of R. Naftoli, otherwise unrecorded in Jewish literature. The reference is almost certainly to R. Naftoli Ha-Kohen Katz (1645-1719), distinguished halakhist and master of the practical kabbalah, whose amulets – apparently — didn’t always work. From 1690 to 1704 he served as Chief Rabbi of Posen. (Note too that the Maharal served as a Chief Rabbi of Posen!) Recorded in Jewish literature (though I have never seen it cited in any discussion of the Golem of Prague) is an oral tradition from 1835 that the Maharal’s Golem was created in Posen and that the remains of the Golem could still be seen in the 19th century in the old synagogue of Posen “under the eaves, lifeless, and inactive like a piece of clay.” See S. M. Gollancz, Biographical Sketches and Selected Verses, London, 1930, pp. v and 50-55, and especially p. 54. It is at least possible that R. Saul Berlin heard about the legend of the Golem of Posen and assumed (wrongly) that the Golem was created by the famed practical kabbalist and rabbi of Posen, R. Naftoli.
I am indebted to S. of the On the Main Line Blogspot (see above, note 3) for calling my attention to the כתב יושר passage.
Apparently, reports about the remains of Golems in attics were a rather widespread phenomenon in the early modern period. Aside from the reports about Prague and Posen, see the report about the Great Synagogue in Vilna  (where the Vilna Gaon’s Golem rested in peace) in H.L. Gordon, The Maggid of Caro, New York, 1949, p. 176. A similar report about a Golem in Beshtian circles is recorded in R. Yosef of Tcherin, דרכי החיים, Piotrkow, 1884, Introduction, pp. 14-15.
33.  R. Meir Perels (d. 1739), מגילת יוחסין , appended to R. Moshe Katz, מטה משה, Zolkiev, 1745. It was reissued separately in Warsaw, 1864, and is available in L. Honig, ed., חדושי אגדות מהר”ל מפראג, London, 1962, vol. 1, pp. 17-32. Perels’ מגילת יוחסין is riddled with inaccuracies and needs to be used with caution. See A. Putik and D. Polakovic, “Judah Loew ben Bezalel, called Maharal: A Study of His Genealogy and Biography,” in A. Putik, ed., Path of Life: Rabbi Judah ben Bezalel, Prague, 2009, pp. 29-83. Putik and Polakovic cite significant earlier studies by Y. Yudlov, D.N. Rotner, S. Sprecher, and others. See also N.A. Vekstein ‘s important analysis of Perels’ מגילת יוחסין, entitled “המהר”ל מפראג,” in המודיע, September 4, 2009.

In the light of the discussion in notes 30-33 — and until new evidence is forthcoming — it seems evident that the linkage between the Maharal and the Golem originated after 1780 and before 1835, almost certainly in Prague but perhaps in Posen.

34.  See A. Putik, ed., Path of Life, pp. 398-399.