The Customs Associated with Joy on Chanukah and Their More Obscure Sources

The Customs Associated with Joy on Chanukah and Their More Obscure Sources
by: Eliezer Brodt

In previous posts we have discussed some of the customs relating to Chanukah, in this post I wanted to address those customs connected to Simcha (joy) and do so by highlighting some rather unknown sources. Amongst the topics I will discuss are eating a seudah, dairy products, sefuganiot, playing cards and dreidel.

1. Seudah

R. Eliezer Ashkenazi (1512-85) writes in the introduction to his classic work on Megliat Esther, Yosef Lekakh (first printed in Cremona, 1576), the reason that only on Purim do we celebrate with a seudah and not on Chanukah is because

שעם היות שהמלחמה חשמונאי נצחה, ועל ידו היתה הרוחה אף גם זאת בהיותה על ידי מיתת כמה מישראל לא נס יגון ואנחה. מה שאין כן בזמן מרדכי ואסתר ובימיהם היתה נח מאויבהם והרוג בשונאיהם ואין שטן ואין פגע במחניהם ואיש לא עמד בפניהם

What R. Eliezer Ashkenazi is saying is that since on Chanukah we suffered many causalities so we do not celebrate with a seudah as opposed to Purim where there were no casualties.

The R. Mordechi Yaffa (1530-1612) in his Levush gives a different reason why there is no seudah on Chanukah:

ומפני שלא נמסרו ישראל באותו זמן ביד מושל אחד שהיה מושל עליהם להריגה כמו שהיה בימי המן אלא שבא האויבים עליהם למלחמה ואל בקשו אלא הכנעה ולהיות ידם תקופה על ישראל ולהבערים על דתם כידוע ממעשה אנטיוכס שלא גזר עליהם להרוג ולהשמיד רק צרות ושמדות כדי להמיר דתם

Meaning that since on Purim there was no option to convert as opposed to Chanukah so therefore Chanukah was not as bad as Purim and we do not celebrate with a seudah. [Much has been written on this Levush but we will have to deal with this on a different occasion.]

Many Rishonom hold there is no obligation to eat a seudah and that is what the Mechaber in Shulchan Orach writes ריבו הסעודות שמרבים בהם הם סעודת הרשות שלא קבעום למשתה ושמחה

The Rambam (Hilcos Chanukah Perek Gimel Halacha gimel), however, writes:

ומפני זה התקינו חכמים שבאותו הדור שיהיו שמונת הימים האלו שתחלתן מליל חמשה ועשרים בכסלו ימי שמחה והלל

At first glance it does not appear that the Rambam is saying one has to eat a seudah rather its just days of “simcha and joy.” However, R. Zev Boskowitz (1740-1809) in his work Seder Hamishana (recently printed from manuscript in 1989) writes the Rambam in fact means a seudah is required and furthermore such a seudah would considered a seudas mitzvah.

While until now, we have been parsing the words of the Rambam to locate an authority that holds there is an obligation to have a seuda, other Rishonim write straight out that there is an obligation to eat a seudah on Chanukah amongst them, Rashaba (vol 1, Siman 699) Tosofos (Tanis 18b), Marshal and Chanukas Habayis (p. 71). Additionally, R. Yeshuah Ibn Shu’eib, a talmid of the Rashaba, in Ibn Shu’eib’s Derashot al HaTorah (first printed in Istanbul, 1523 – end of parsha Meketz) also writes ותקנו ז”ל… ולעשותן כמועדים שהם ימי שמחה this could imply a seudah.[1]

Some have used the Megilas Antioches [2] to adduce a seudah obligation on Chanukah. The Megilas Antioches (first printed in Mantau 1557 and typically dated sometime between the 2nd and 5th centuries of the Common Era, for more see the sources in note 2) describes Chanukah as ימי משתה ושמחה thus, according to some, the “משתה” would obligate a meal. But, this line in Megilas Antioches is only found in the Hebrew translations, whereas in the older Aramaic versions it only says שמחה and is lacking the key word משתה

2. Instruments and Jokes.

As far as other aspects of Simcha on Chanukah in the Sefer Hamaskil (end of the 13th century) from the nephew of the Rosh, writes that although during the rest of the year it is prohibited to tell jokes (pg 12) or play musical instruments (pg. 22) on Chanukah it is permitted. This implies that Chanukah is days of joy, a joy on some level more than rest of the year.

3. Maseh Yehudis and eating Dairy products.

Rabenu Bechayu (lived at the end of the 13th century) writes in his work Kad haKemach (first printed in Istanbul, 1515) that וכן דרשו ז”ל בנס חנוכה שהיה על ידי משתה. It is unclear, however, what the source in Chazal for this statement is. R. Chaim Bright in his pirish on the Kad haKemach called Tzipchas Hasheman (first published in the Lvov, 1880 edition of the Kad haKemach) brings that the source for Rabenu Bachayu is the sefer Maseh Yehudis (Book of Judith) [3] as part of what she did was tied to food. Specifically, Yehudis gave the enemy General Holofernes food and then proceeded to cut off his head.(p. 92) All this could be another possible source to make a seudah on Chanukah. The truth is the story of Yehudis is the source for another Halacha related to Chanukah and food. The Ramah writes some eat milchig (dairy) products as the miracle (of Yehudis) came about thru dairy products. Much has been gathered on this topic just to add one more source, R. Avrohom Saba (1440-1508) in his work on Megilas Esther, Eshkol Hakofer, (p. 40) writes
כמו שאמרו בירושלמי על בתו של ר’ יוחנן שהי’ בימי היונים וגזרו על כל בתולה שתבעל להגמון תחלה… ויהי כאשר נתפסה בתו של ר’ יוחנן להבעל להגמון אמרה לו שקודם שישכב עמה היא רוצית שיאכלו וישתו ביחד והאכילתו תבשיל של גבינה… ונרדם והוציאה סכין… ונעשה נס לישראל… ולכן תקנו לאכול תבשיל גבינה בחנוכה זכר לאותו נס.
The Chanukas haBayis also writes to eat Milchigs (p. 136). Chaim Chemerinsky [early 1900’s] also writes that in his home they specifically ate dairy products during their seudah on Chanukah (Eiyuriti Motele p. 181). [4]

However, it is not so clear if one can use the sefer Maseh Yehudis as a source because many write the event in question did not even happen during Chanukah. The Meor Eynaim (end of ch 51), R. Yehudah Aryeh Modena (Shulchan Orach, p. 83), R. Yakov Emden (Meor Uketziah beginning of Hal. Chanukah) and the Orach Hashulchan (siman 670, 8) all write the event was not on Chanukah.

4. Seufgoniot

Another food eaten by Jews on Chanukah is Seufgoniot (doughnuts). In Eretz Yisroel they start selling them a month before Chanukah and incredible amounts of these sefgoniot are sold each year. This custom also has very early sources just to mention two of them. R. Mamion the father of the Rambam writes[5]

אין להקל בשום מנהג ואפילו מנהג קל. ויתחייב כל נכון לו עשית משתה ושמחה ומאכל לפרסם הנס שעשה השם יתברך עמנו באותם הימים. ופשט המנהג לעשות סופגנין, בערבי אלספינג, והם הצפחיות בדבש ובתרגום האיסקריטין הוא מנהג הקדמונים משום שהם קלויים בשמן לזכר ברכתו – כלומר לנס שבפך שמן

[Additionally, from this source, it appears from this that R. Mamion holds one should make a seudah on Chanukah.] Another early source who writes that people used to eat these סופגנין on Chanukah is R. Kalnomus Ben Kolumnus (1286 – died after 1328) in his Even Habochen (p. 30) [more on him in a future post].

5. Latkes

Based on the words of R, Mamion it’s easy to understand how the minhag of eating latkes came about as they are fried in oil as R. Maimon’s highlights that the sufganiyot are “fried in oil.”

Pauline Wengeroff records in her excellent memoir, Rememberings: “On the fifth night my mother invited all our friends and relatives…. The Invitation read, ‘You are invited for latkes.'” It’s very likely that this is the food described by R. D. Sassoon in his travels that people in Baghdad ate on Chanukah (Maseh Bavel p. 183).

6. Getting drunk and Cross-dressing

Besides for eating elaborate seudos and special foods we find other methods of entertainment that Jews did on Chanukah. R. Kalnomus Ben Kolumnus writes in his Even Habochen (p. 30) that people used to get drunk. The Sefer Hamaskil (end of the 13th century) [6] indicates that although he strongly disapproves of the customs, there was a custom to cross-dress on Chanukah. He writes:

טובה תנחל ושלוה תירש אם תשמור מלאו דלא ילבש גבר שמלת אשה כגון בחורים הנותנים צעיך בראשיהם ולובשים בגדי נשים בחנוכה… ואל תהיה כאחד מהם בדבר הרע הזה ואפילו אם תעשהו לשם מצוה יצא השכר בהפסד

Meaning do not this terrible sin of cross dressing on Chanukah. [7]

7. Card Playing

Another pastime observed on Chanukah was card playing. [8] Professor M. Breuer brings early sources for card playing on Chanukah (Ohelei Torah p. 355). R. Yehudah Aryeh Modena writes about himself in his autobiography how “during Chanukah of the year 5355 (1594) Satan fooled me into playing games of chance causing me no small amount of damage.” (The Autobiography of a Seventeenth Century Venetian Rabbi, p. 97). R. Yakov Emden writes against this custom in his Meor Uketziah which he says people used to do on Chanukah [introduction to hilchos Chanukah and end of siman 670].

Eliezer Friedman [1870’s] describes in his memoirs (Zikhronos, Tel Aviv, 1926) how his grandfather, an old litvack taught him one Chanukah exactly how to play cards (p. 61).

Both Chaim Chemerinsky (Eiyruti Motele pp. 43, 178) and Pauline Wengeroff (op. cit., pp. 65-6) elaborately describe the card games that used to take place in their homes on Chanukah. R.M. Braver describes in his autobiography [mid 1800’s] how in Galicia the yeshiva boys used to waste their whole Chanukah playing cards (Zecronot Av U’beno p. 67). His son, R. A. Braver in his autobiography also describes the card games that used to take place in Galicia on Chanukah (pp. 244-45). Elsewhere in his book he describes when the month of Kislev began how the boys started getting their cards ready for card playing on Chanukah (p. 352).

8. Dreidel

Another game played by Jews until today is Dreidel although it’s unclear from where it came from but some sources of playing this game are: M. Zlotkin printed an autobiography from a Litvish Rav (available here) who supposedly lived in the time of the Vilna Goan who writes how how in an effort to try to connect to the children on Chanukah he used to give them Dreidels (pp. 244- 245). In 1824 an extremely cynical parody work was printed called Sefer Kundes [in a future post I hope to write an elaborate post on this work] it describes things found in the pocket of a kundes – a trickster one of the items is a dreidel [In 1997, M. Zalkin thru the Dinur Center printed a critical edition of this very rare work, see p. 48].

R. Y. Weiss brings that the Chasam Sofer used to play dreidel on the first night (Eleph Kesav p. 145) Pauline Wengeroff writes that another popular game on Chanukah was dreidel (op. cit., p. 66). R. A. Braver in his autobiography writes before Chanukah they used to prepare their dreidels (p. 231) Later on he describes exactly how the game was played (p. 244).

R. Y. Falk in his Choshvei Machshovos (printed in 1970), an excellent unknown work on minhaghim writes a few reasons for playing dreidel on Chanukah at the end he writes

מה שמשחקין בחנוכה בדרעדרל כי אי’ בספרים שהאותיות נגה”ש שכותבים עליו הוא ר”ת נס גדול הי’ שם וי”ל משום שראו חכמים שבאותו דור שהנס של חנוכה התחיל להתמעט בעיני העולם על כל קבעו מסמרות והנהיגו לעשות דרעדרל ולכתוב עליו נגה”ש שהוא ר”ת… להזכיר ולעורר בני ישראל שלא יוקטן בעיניהם הנס של חנוכה שהי’ באמת נס גדול

(p. 160)

Some recent sources on these topics [just to whet ones appetite]:

[1] On eating a Seudah on Chanukah See; R. S. Shick, Seder Haminhagim p. 32b; Eleph Kesav, 1, p. 37 ; M. Rafeld in Minhaghei Yisroel, vol. 5, pp. 85-101; R. Nosson D. Rabinowitz, Benue Shnos Dor Vdor pp. 47-48; Moadim Lisimcha pp. 230-252; Pardes Eliezer pp. 463- 556; Chazon Ovadiah pp. 15-18.

[2] On this point see: R. Nosson D. Rabinowitz, Benue Shnos Dor Vdor pp.140-142 :M. Rafeld in Minhaghei Yisroel, vol. 5, pp. 85-86; Moadim Lisimcha pp 258- 259; R. M. Leiter, Mamlechet Kohanim pp. 56,117-19.

On this Megilah in general see R. M. Strashun, Mivchar Kesavim p. 144; N. Fried in Minhaghei Yisroel, vol. 5, pp. 102-20; Areshet vol.4 p. 166; R. Nosson D. Rabinowitz, Benue Shnos Dor Vdor pp. 121- 151; R. M. Leiter, Mamlechet Kohanim pp. 40-159.

[3] On Maseh Yehudis in general see R. Nosson D. Rabinowitz, Benue Shnos Dor Vdor pp. 80-105 (especially p. 109); Moadim Lisimcha pp. 276-312; Chasmunu Ubobov pp. 114-129; R. M. Leiter, Mamlechet Kohanim pp. 359-442.

[4] For more on eating Milchigs see Moadim Lisimcha, pp. 286-292; Pardes Eliezer, pp. 557-581.

[5] On this statement of R. Mamion see S. Abramson, Rav Nissim Goan p. 328.

[6] On the Sefer Hamaskil see the excellent article by R. M. M. Honig, Yerushcanu, 1, pp. 196-240.

[7] On cross dressing and yom tovim see the excellent forthcoming article of Y. Speigel.

[8] On card playing in general see; I. Davidson, Parody in Jewish Literature, pp.148-151;Y. Rivkind, Yiddishe Gelt; A. Shochet, Em Chelufei Tekufos (pp. 40-41) ; L. Landman J.Q.R.Vol. 57, No.4.(Apr.,1967) pp. 298-318 and J.Q.R.Vol. 58, No.1.(Jul.,1967) pp.34-62.




The Legend of R. Yehuda Halevi’s Death: Truth or Fiction & the Cairo Genizah

The Legend of R. Yehuda Halevi’s Death: Truth or Fiction & the Cairo Genizahby Eliezer Brodt

A few years ago on the Seforim Blog I dealt with the famous legend of R. Yehuda Halevi’s death (link). More recently in Ami Magazine (# 32) I returned to this legend and related topics. This post contains new information as well as corrections that were not included in those earlier articles.

R. Yehuda Halevi was born in the year 1075 in Toledo, Spain, and died in 1141.[1] He is famous in Jewish history for being a great paytan,[2] authoring hundreds of beautiful piyutim. However, he is even more famous for authoring one of the most important Jewish philosophical works of all time, the Kuzari. This work is written in dialog form between a king and a Jew who is persuaded to convert to Judaism. The Jew defends Yiddishkeit, dealing with many issues of philosophy and various Mitzvos among other topics. This work was written by R. Yehuda in Arabic, but was translated into Hebrew in 1167. It was learned by many throughout the centuries, and numerous works were written to explain it.[3] The Kuzari had a tremendous impact on Jewish thought through the centuries and continues to do so today. In this article, I hope to deal with two legends told about R. Yehuda Halevi: one about how he met an untimely death when he got toEretz Yisroel [4] and the other about him being the father-in-law of Ibn Ezra.

Among the more famous kinos that we recite on Tisha B’Av is Tzion Halo Tishali. This piyut is about the author’s passion to walk on the holy soil of Eretz Yisrael and to pray at the Kevarim. Throughout the Kuzari and in many of his piyutim we find a strong emphasis of his love for Eretz Yisroel[5]. R’ Yosef Dov Soleveitchik, when talking about R’ Yehuda Halevi in his lectures on the Kinos, said “Rabbi Yehuda Halevi adored everything about Eretz Yisroel; he was madly in love with Eretz Yisroel. I have never known anyone so in love with Eretz Yisroel as Rabbi Yehuda Halevi. There were many others who went to Eretz Yisroel, but they did not confess their love for the land in such terms as he did”.[6]

Already in the Machzor from Worms written in 1272 and in the Nuremburg Machzor written in 1331 we find this kinah was said on Tisha Bav. The piyut, however has become famous for a different reason.[7]

In the Artscroll commentary on the Kinos, R. Avraham Chaim Feuer writes:

An ancient manuscript states that R. Yehuda Halevi composed this kina while journeying towards Eretz Yisroel and recited it when he reached Damascus, facing the direction of Zion. Although many historians believe that R. Yehuda Halevi only got as far as Egypt, never even reaching Damascus, tradition has it that he finally reached Jerusalem (circa 1145).[8] There he fell to the ground in a state of ecstasy… As he was embracing the dust near the temple mount, he was trampled and killed by an Arab horseman.[9]

R’ Yosef Dov Soleveitchik, when talking about R’ Yehuda Halevi in his lectures on the kinos, said,

“While we know that he left for Eretz Yisroel, we know nothing about him from the date of his departure from Egypt. A story is told, I do not know if it’s true, that when he arrived in Eretz Yisroel, he fell on the soil… at that very moment a Bedouin on a horse rode over him and killed him. Now they say there is documentary evidence that he died in Egypt on his way to Eretz Yisroel. I do not know about it.”[10]

The story has certainly entered Jewish popular culture. In 1851 Heinrich Heine published his Romanzero, and in the section of ‘Hebrew Melodies’ he writes of “Jehuda ben Halevy’s” death at the hands of an “impious Saracen” horseman:

Calmly flow’d the Rabbi’s life-blood,
Calmly to its termination
Sang he his sweet song.—his dying
Sigh was still—Jerusalem!

In this article I intend to discuss this legend of R. Yehuda Halevi’s death. Did he actually reach Eretz Yisrael? When did he compose the piyut of Zion Haloeh Tishali? Why did he want to go to Eretz Yisroel so badly, considering that it was very dangerous in his time?

By the way of introduction, it is worth noting the words of R’ Elazar Ezkiri in his classic work Sefer Chareidim. He says that everyone is supposed to love Eretz Yisroel and go there… therefore the Amoraim would kiss the ground when they came,[11] and it’s good to recite the piyut Shir Yedidus composed by R’ Yehuda Halevi . . . [12] Apparently Rav Yehuda Halevi is considered a first stop for expressing such affection.

R. Abraham Zacuto (1452-1514) in Sefer Yuchsin (first printed in 1566) writes that “R. Yehuda Halevi was fifty [years old] when he came to Eretz Yisroel and he is buried together with his first cousin, Ibn Ezra.”[13] Later, however, R. Zacuto writes that R. Yehuda Halevi is buried with R. Yehuda bar Ilay in Tzefat.[14] Setting aside the apparent contradiction regarding R. Yehuda Halevi’s burial place, in both of these descriptions R. Yehuda Halevi is depicted as having actually made it to Eretz Yisrael. Notably absent, however, is the legend of an Arab/Bedouin horseman killing him.

The earliest source for the Arab horseman legend only appears in R. Gedaliah Ibn Yachia’sShalsheles Hakabbalah, first published in Venice in 1587, over four hundred years after R. Yehuda Halevi died. He states that he heard this legend from “an old man”.[15] Although theShalsheles Hakabbalah appears to be the source for R. Feuer’s statement above, the Shalsheles Hakabbalah has one addition to the legend — omitted by R. Feuer — that R. Yehuda Halevi recited the kinah of Zion Halo Tishali right before the Arab horseman killed him.[16]
The next time that this legend appeared in print, after its mention in the Shalsheles Hakabbalah, is by R. David Conforte (1618-1678) in his Koreh Hadoros (first printed in Venice, 1746),[17] followed by R. Yechiel Halperin (1660- 1749) in Seder Hadoros (first printed in Karlsruhe, 1769).[18] It was then repeated by R. Wolf Heidenheim in his edition of the Kinos. R. Yehosef Schwartz (1804-1865) in his Tevous Haaretz also brings this legend.[19] By the 19th century, this legend became, perhaps, the most famous story about R. Yehuda Halevi, since not much else was known about him.

Adam Shear called attention to an edition of the Kuzari printed in 1547 which says on the front page:כוזרי חברו בלשון ערבי החכם הגדול אבי כל המשוררים רבי יהודה הלוי הספרדי ז”ל אשר קדש שם שמים בויכוחו הישר הזה… (ראה: ארשת א, עמ’ 67).

This term is usually used for martyrdom. Shear suggests that perhaps it comes from this story, later mentioned by the Shalsheles Hakabbalah,[20] although he concludes that the idea is far-fetched.

In 1840 R. Shmuel David Luzzatto (ShaDaL) in his collection of the Diwan containing the poems of R. Yehuda Halevi, Besulas Bas Yehuda, questions the legend on the grounds that Jerusalem was in the hand of Christians at the time, and Arabs were not allowed in the city. Furthermore, even if there were Arabs around, they would not have done such a brazen act right at the city gate.[21] So Shadal concludes that he died on his way from Egypt, never even reaching Eretz Yisroel.[22] S. Fuenn accepts the conclusion of Shadal.[23] R. Michael Sachs in his work Die religiöse Poesie der Juden in Spanien also accepts Shadal’s conclusion because he notes that while Ibn Ezra refers to him in his work on Chumash he does not mention anything unique about his death,[24] he just says שאלני ר’ יהודה הלוי מנוחתו כבוד.Around the same time R. Matisyahu Strashun reached the same conclusion, perhaps independently. In a letter written in 1841, he questioned the veracity of the legend,[25] alsopointing out that Jerusalem in the times of R. Yehuda Halevi was ruled by Christians and not by Arabs. R. Strashun allows that although it is possible that R. Yehuda Halevi composed Zion Halo Tishali when he got to Jerusalem — not that we know that he did — the part of the story about the Arab killing him is certainly not true. As a general matter, R. Strashun notes that it is well known that the Shalsheles Hakabbalah is an unreliable source.[26]Simon Dubnov suggests that there is a kernel of truth to the story –that some Crusader must have killed a Jew right after he arrived in Eretz Yisroel.[27]Israel Zinberg suggests that, most likely, R. Yehuda Halevi returned home to Spain after visiting Eretz Yisrael, based on the fact that R. Shlomo Parchon, a student of R. Yehuda Halevi who lived in Spain, quotes a statement from R. Yehuda Halevi “after R. Yehuda Halevi was in Egypt”.[28]Specifically, R. Yehuda Halevi had told Parchon that he was doing teshuva and therefore no longer composing.[29] Zinberg therefore argues that this statement to Parchon must have taken place after R. Yehuda Halevi was in Egypt; thus R. Yehuda Halevi must have returned to Spain.[30] David Kaufmann also used R. Shlomo Parchon as a source to deduce how R. Yehuda Halevi died. Kaufmann points out that had R. Yehuda Halevi died in such a spectacular fashion as the legend has it, R. Shlomo Parchon would have been sure to note it. Since R. Parchon makes no note of this extraordinary death, R. Yehuda Halevi must have died a natural death.[31] InAmudei Avodah, Landshuth also questions the legend due to lack of evidence that R. Yehuda Halevi ever made it to Eretz Yisrael.[32]

In regard to the piyut, Zion Haloh Tishali, Leser Landshuth cites different opinions about where it was written: either in Spain, Damascus, or Syria.[33] Yitzhak Baer[34] and David Kaufmann cite a manuscript housed at Oxford which says that R. Yehuda Halevi said this piyut when he got to Yerushalayim.[35]

Earlier I mentioned that the Sefer Yuchasin writes that R. Yehuda Halevi was fifty years old when he came to Eretz Yisrael, and he is buried with his first cousin, Abraham Ibn Ezra. Later he writes that he is buried with R. Yehuda bar Ilay in Tzefas. In the Travels of R. Benyamin of Tudela, written around the year 1170, which is only thirty years after the R. Yehuda Halevi died, R. Benjamin records that he visited the grave of R. Yehuda Halevi in Tiveriah.[36] It’s interesting to note that in the travels of R. Pesachya of Regensburg which were written right after R. Benyamin of Tudela’s (around 1180) there is no mention of the grave of R. Yehuda Halevi.[37]

In the travels of R. Yitzchak ben Alfurah, written around 1441, he also writes that he visited the graves of Ibn Ezra and R. Yehuda Halevi.[38] In a different anonymous list of Kevarim in Eretz Yisroel from the fifteenth century, recently printed from manuscripts from the Ginsburg Collection, it also records that Ibn Ezra and R. Yehuda Halevi are buried next to each other.[39]All of these sources provide strong evidence that R. Yehuda Halevi actually made it to Eretz Yisrael. Nevertheless, an anonymous traveler in 1473[40] and R. Yosef Sofer in 1762 write that they visited the grave of Ibn Ezra but make no mention that R. Yehuda Halevi is buried there as well.[41] In the travels of R. Moshe Yerushalmi from 1769, he writes that he visited the graves of Ibn Ezra and R. Shlomo Ibn Gabirol , but no mention is made of the grave of R. Yehuda Halevi.[42] A manuscript from the author of the Koreh Hadoros, seems to indicate that R. Yehuda Halevi was buried in Jerusalem.[43] It should of course be noted that the location of Ibn Ezra’s death in Eretz Yisroel is itself problematic. Although Sefer Yuchasin brings the opinions that he is buried in Eretz Yisroel, he initially states that he died in Calahorra, Spain. Furthermore, Rabbi Moshe of Taku – an earlier source than Sefer Yuchasinwrites of a legend told to him by Jews of England that Ibn Ezra died there, after encountering a number of sheidimwhich appeared to him as black dogs.

Another piece of evidence can be found inn some early manuscripts, where we find before the kinah the following superscription:

זאת הקינה יסד ר’ יהודה קשטלין לפני הר ציון

But even more than that Rabbi Holzer discovered in a manuscript written before 1300 (which he is preparing for print) , which has the following statement:

יסוד רבינו יהודה הלוי הקשטלין אשר יסדה תחת הר ציון בבואו לירושלים עם המלך מספרד וראה הר ציון שמ(ו)[ם] נשא את קולו ובכה על חורבנו ואמר ציון הלא תשאל

See The Rav Thinking Aloud, p. 222. I would like to thank Zecharia Holzer for bringing this source to my attention. What is important about these sources is that they are before theShalsheles Hakabbalah.

To sum up, there are early sources which imply that R. Yehuda Halevi did indeed arrive in Jerusalem. But with regard to the legend that he was trampled at the gates as soon as he got there, it is much more questionable.
Over one hundred years ago the Cairo Genizah was discovered and collected from an attic of theBen Ezra shul. Due to this incredible find, every area of Jewish literature and history has been greatly enriched.[44] Just to list some of the many areas that were enhanced by this discovery: many works of the Geonim and manuscripts related to the Rambam were found[45] as well aspiyutim of great people. Knowledge of Jewish history, especially from the time period of the Geonim[46] and onwards was greatly improved by this discovery. Additionally, many years after the Cairo Genizah was originally found and its great treasures published, even more discoveries were made based on documents that were supposed to have been discarded since they were thought to have no value. Many of these later discoveries were made by the great Genizah scholar Shlomo D. Goitein. Starting in 1954, Goitein printed his discoveries with his explanations of the material in various journals and then later on, in his classic series A Mediterranean Society which documents in great detail every aspect of Jewish life based on those finds.

One area that benefited greatly from the later discoveries of Goitein was the history of R. Yehuda Halevi. Before this discovery, the biography of R. Yehuda Halevi was written by the early scholars of Jewish history such as Shadal[47], David Kauffman, Chaim Schirmann and many others. Their work was based heavily on the poems of R. Yehuda Halevi, for this was just about the only source. These poems existed in many manuscript collections. For example, R. David Conforte (1618-1678) in his Koreh Hadoros mentions seeing one such collection.[48] Before the aforementioned discoveries, all that was known about R. Yehuda Halevi was that he was a great poet, a medical doctor,[49] and an Askan. He was possibly a talmid of the Rif[50]and was certainly close with the Ri Migash, and may have even been his secretary for a short time.[51]And of course, in addition to his piyutim he was most famous for his important work of Jewish thought, the Kuzari.

However, among the Genizah discards Shlomo D. Goitein found many documents relating to R. Yehuda Halevi, all written around 1130-1141, including many in R. Yehuda Halevi’s own handwriting! Many of these documents can be viewed online today. Starting in 1954, Goitein printed his discoveries with his explanations of the material, in various journals, mostly inTarbitz. Later on, in his classic multi-volume A Mediterranean Society (volume V, pp. 448-468), he included an excellent chapter on R. Yehuda Halevi based on all the material which he had found over the years. Most of his interpretations of the material he discovered have been accepted by Professors C. Schirmann and Ezra Fleischer, renowned experts on Piyut.

In A Mediterranean Society, Goitein writes, “a full publication of all the geniza letters referring to Judah Halevi would fill a book.”[52] Although Goitein never got around to writing that book, in 2001, Professors Moshe Gil and Ezra Fleischer did write such a book. The title of the book isYehuda Halevei U’vnei Chugo, and it is a six hundred and forty page study of all the material from the genizah discovered by Goitein relating to R. Yehuda Halevi. This book includes all the original documents (55!) with notes and an in-depth history of all that can be gleaned from these letters. The discoveries of Goitein, followed by Gil and Fleischer are simply astounding.
For the purposes of this article, we will focus on discoveries related to R. Yehuda Halevi’s journey to Eretz Yisrael[53]. The relevant documents were written by a Cairo business man named Abu Said Halfon who was a very close friend of R. Yehuda Halevi. I should mention at the outset, that we have more in depth information of R. Yehuda Halevi’s last year of his life from these letters than we have of the rest of his life. It is also incredible to see from these letters how popular R. Yehuda Halevi was and how beloved he was by everyone.[54] This was before the Kuzari was widely read and learned, since R. Yehuda Halevi had just completed this work right at that time. A description of him from the letters reads, “God has been beneficent to you and sent you the quintessence and embodiment of our country our refuge and leader the illustrious scholar and unique and perfect devotee rabbi Judah the son of Halevi”.[55]

What follows is a brief time-line of R. Yehuda Halevi’s journey to Eretz Yisrael based on the research of the aforementioned professors.[56] In 1129, when R. Yehuda Halevi was fifty four years old, he decided to make the journey to Eretz Yisrael. In the year 1130, R. Yehuda Halevi began his journey. He intended to travel through Egypt. We don’t know why he didn’t. But we do know that he ended up in North Africa. In North Africa, he became good friends with Ibn Ezra. For some unknown reason, he ended up back in Spain.[57] Not too much information is known about why this journey to Eretz Yisrael did not end up happening. Ten years later, in 1140, R. Yehuda Halevi began the journey again. He ended up in Alexandria on September 8. He had intended to leave from Egypt to Eretz Yisrael immediately, but was delayed. He ended up staying in Cairo until Pesach. After that he returned to Alexandria. A few days before Shavuos of 1141, he boarded the boat, and on Shavuos, he set sail to Eretz Yisrael.[58] A letter written about 6 months later indicates that R. Yehuda Halevi was no longer alive. It seems that he was alive for 2 months in Eretz Yisrael and that he died in either Tammuz or Av.[59] We don’t have any information about his stay in Eretz Yisrael. It would seem that either he got sick or died a natural death. From the documents there is no clear answer as to whether the legend is true or not (except by omission). It’s rather disappointing that with all the manuscripts discovered in the Cairo Geniza that enriched us with an in-depth, heavily detailed history of R. Yehuda Halevi’s last years until he left to Eretz Yisrael, we do not know anything more, but of course the documents could not refer to the unnatural death if that had not happened or been dreamed of yet.

However, there is one letter written three months after the death of R. Yehuda Halevi that does seem to indicate that perhaps the legend is true. The letter reads as follows (the ellipses appear in the original):

ולא נעלם ממנה אודות רבינו יהודה הלוי הצדיק החסיד זק”ל אשר עליו באמת ניבאו נביאי האמת עין לא ראתה, ההיה גבור ביראת אלהים ובתורתו, ומאמרי פעליו מעידים צדקו, באודותיו ירונו כצפורים בעתותן למנוחת עולם הוטע כבוד גן אלהים, וברמה הוא נשא נס גדולותיו והליכות גבורותיו, אשר תרונה ביקרו, והתיקר… וביקרו, ותמונת ה’ הביט… בשדה צען להאירה… זק”ל לא… צור… מחנה שדי… להתנחל לרשת… עזי…וישם… בדמות השכינה ובמראה… בשערי ירושלים

This letter was first printed by Jacob Mann in 1920 but he dismissed the possibility that it was referring to the author of the Kuzari.[60] Goitein highlights the line “ולא נעלם ממנה אודות רבינו יהודה הלוי הצדיק החסיד זק”ל,” which would seem to indicate that his death was not natural (calling him a kadosh is typically reserved for martyrs). Note that the last words, בשערי ירושלים, would seem to support the legend. However, the letter is damaged and hard to read so one cannot say anything conclusively. However Fleischer is willing to use the letter, even with its missing parts, to support the legend. Especially since, he says, the author of the letter used the word קדוש twice in the phrase זק”ל instead of the usual ז”ל. He also has other proofs from a careful reading of the letter. Fleischer concludes from this that the legend about R. Yehuda Halevi’s death is not so far-fetched. In light of this possibility, Fleisher notes, that one should be careful not to make fun of legends.[61] Additionally ,there is also another letter in this collection that refers to R. Yehuda Halevi as a kadosh.[62]

We have shown, in light of the documents discovered in the Cario Genizah that R. Yehuda Halevi did indeed make it to Eretz Yisroel. And it would seem that there is also a good chance that the story that the Shalsheles Hakabbalah brings is true, and that he died a strange death through unnatural causes. The question remains as to why he decided to go to Eretz Yisroel at that time.[63] There were no real communities of any sort there, traveling was dangerous, and he was an older man. It is clear from many of his poems and especially from specific passages that he had a tremendous love for Eretz Yisroel. Professor Elchanan Reiner notes that he was one of the first known people that actually made the dangerous voyage to Eretz Yisroel in the times of the Rishonim. Reiner says that it was due to his strong desire to daven there, especially at various Kevarim.[64] There is strong support for this, especially in his kina Zion Halo Tishali,where he mentions this desire to daven at the kevarim. Ezra Fleischer suggests that R. Yehuda Halevi thought others would follow him to Eretz Yisroel.[65]

Goitein writes: “one might argue that the themes of Israel’s uniqueness, of the holiness of Palestine… are overdone in the Kuzari and in Ha-levi’s poetry. They are but for good reasons. It was a time of extreme urgency. Constant and gruesome warfare was going on in Spain. As Judah Ha-Levi emphasizes in his poems, whenever Christians and Muslims fought each other, the Jews were affected most by the disturbance of peace. The feeling of impotence in the absence of any signs of relief was dangerous forebodings of despair and loss of faith… All in all, the voice of encouragement ringing out from Ha-levi’s poems was stronger than whimpers of despair.”[66]

Rabbi Yehuda Leib Gerst, without seeing what Goitein wrote, suggested that since this was a time that Jews were downhearted, especially about Eretz Yisroel, he wanted to reawaken love for Eretz Yisroel. Even though it was dangerous to go at that time and it seems that many tried to convince him not to go, he still gave up everything: family, friends and a comfortable life style. He writes that even if the story of the Shalsheles Hakabbalah did not happen exactly as he heard it, his trip to Eretz Yisroel still caused a tremendous Kiddush Hashem.[67]

Although R. Yehuda Halevi’s trip did increase the Jewish people’s hope and did increase its emphasis on Eretz Yisrael, it is not clear that this was his own personal intention for going. In one of the letters discovered in the Geniza, it sounds as if he wanted to go quietly. He knew his days were numbered and he wanted to be in Eretz Yisrael alone.[68]

There is one last point worth mentioning: R’ Shlomo Yosef Zevin wrote a beautiful piece that shows that in addition to the Kuzari being a philosophical work, it also has many halachic aspects and was accordingly used by many.[69] One recent example is in the famous controversy between the Chazon Ish and many other gedolim regarding the placement of the International Dateline – specifically regarding which day the bochurim of the Mir yeshiva should celebrate Yom Kippur in Japan. One of the main sources on the topic of the Chazon Ish was the Kuzari.[70]Regarding the halachic aspect of going to Eretz Yisroel, the Kuzari writes that it is a Mitzvah even nowadays, making him one of the earliest sources to say such a thing. Even more importantly, he says one should go even if it’s dangerous.[71] In this light, it is evident why he made this trip: he held that he was halachically obligated to even though it was dangerous![72]

I would like to conclude with one last point that is related to all this. I mentioned earlier that R. Abraham Zacuto in Sefer Yuchasin writes that “R. Yehuda Halevi was fifty [years old] when he came to Eretz Yisroel and he is buried together with his first cousin, Ibn Ezra.[73] Now we know that there was certainly a strong connection between Ibn Ezra and R. Yehuda Halevi. D. Kaufmann gives a listing of the many times which Ibn Ezra quotes R. Yehuda Halevi throughout his works.[74] In addition, there are many other places in his works which clearly indicate that R. Yehuda Halevi had a great influence on his works.

R. Azariah de Rossi, in his Me’or Eynaim, writes that R. Yehuda Halevi was Ibn Ezra’s father-in-law (chapter 42). Koreh hadoros also brings this down. R. Immanuel Aboab in his Bemavak ‘al Erko shel Torah, written in 1615, claims that Ibn Ezra was both R. Yehuda Halevi’s son-in-law as well as a cousin.[75]

The Shalsheles Hakabblah brings a legend which he had heard about how exactly Ibn Ezra became the son-in-law of R Yehuda Halevi.[76] The gist of the story was that R. Yehuda Halevi was working on a poem and he got stuck. He left his notebook open and went away, and when he returned, he found the poem completed. It turned out that Ibn Ezra had completed it, and because of this, R. Yehuda Halevi let him marry his only daughter. There are many versions of this story, but strangely, if this were true, in the many times that Ibn Ezra quotes the Kuzari in his works, he never once refers to him as his father-in-law.[77]

R. Yehuda Al-charizi writes in his Sefer Tachkemoni, (written between 1195-1234) that Ibn Ezra had a son Yitzhak who was also a great poet but he tragically left the proper path, apparently converting to Islam.[78] Some took this as a license and went so far as too say that any of the problematic ideas[79] mentioned in the writings of Ibn Ezra were added in by this son.[80] For many years scholars were searching for more details about this sad saga. Finally they found a collection of Yitzchak’s poems which they hoped would shed some light on the matter, but the owner wanted a ridiculous sum of money for it. It was not purchased, and during the Second World War it was lost. Eventually, the collection was found and printed but it turned out that it did not really shed much light on this story.

However, in the same documents that Goitein found about R. Yehuda Halevi, there were many mentions of Yitzchak Ibn Ezra (some in the documents written by R. Yehuda Halevi himself). Both Goitein and Fleischer concluded that although R. Yehuda Halevi was not the father-in-law of Ibn Ezra, his son Yitzchak did marry R. Yehuda Halevi’s only daughter.[81] They go so far as to show that Yitzchak and his wife, R. Yehuda Halevi’s daughter, were supposed to follow him to Eretz Yisroel eventually. So there was indeed a family connection between Ibn Ezra and R. Yehuda Halevi. There is even a letter with instructions from R. Yehuda Halevi for a Yehuda ibn Ezra which some want to suggest was his grandson, son of Yitzchak![82] In Sefardi communities it is not unique at all to name after a living relative.

In conclusion I have shown based on documents from the Cario Genizah that it is likely that the legend recorded by Shalsheles Hakabbalah regarding R. Yehuda Halevi is true and he did indeed make it to Eretz Yisroel and that he died an unusual death. We also see from these documents that the legend which is brought by many that there was a family connection between R. Yehuda Halevi and Ibn Ezra is also true, as Yitzchak, Ibn Ezra’s wayward son married R. Yehuda Halevi daughter.

I would just like to conclude with a great quote from the Chazon Ish which I think is very appropriate here:

דברי הימים וקורות עולם הם מאלפים הרבה את החכם בדרכו, ועל תולדות העבר ייסד אדני חכמתו. ואמנם בהיות האדם אוהב לחדש ולהרצות לפני הקהל, נצברו הרבה שקרים בספרי התולדות, כי בן אדם אינו שונא את הכזב בטבעו, ורבים האוהבים אותו ומשתעשעים בו שעשועי ידידות, ועל החכם להבר בספורי הסופרים לקבל את האמת ולזרות את הכזבים, וכאן יש כר נרחב אל הדמיון, כי טבע הדמיון למהר ולהתקדם ולהגיד משפט, טרם שהשכל הכין מאזני משפט לשקול בפלס דבר על אפנו, והדמיון חוץ משפטו כרגע, מהו מן האמת ומהו מן הכזב (אמונה ובטחון, פרק א אות ח).

[1] For his basic history see Y. Baer, A History of the Jews in Christian Spain, 1, pp. 66-77;Encyclopedia Judaicia, 11, pp. 492-501; Yehudah Halevi, A. Doron, Ed. 1988 and the sources in note 4. See also S. Werses in B-Orach Maadah, (Aron Mirsky Jubilee volume), pp. 247-86.
[2] See for example what R. Menahem di Lonzano writes:כי היה מנהג ישראל… לשורר לש”י בליל שבת… וחשובי קדמוני המשוררים… ורבי יהודה הלוי… (דרך חיים, דף כג ע”א).
[3] Its influence is the subject of the beautiful book, A. Shear, Kuzari and the Shaping of Jewish Identity, 1167-1900, Cambridge: Cambridge University Press, 2008 (based on his Phd, The Later History of a Medieval Hebrew Book, Studies in the Reception of Judah Halevi’s Sefer Ha Kuzari, University of Pennsylvania, 2003).
[4] For some more information on R’ Yehuda Halevi in relation to this topic: See; D. Kaufmann, Mechkarim Besafrus Haivrit Byemei Habenyim pp. 166-207; C. Schirmann, Toldos Hashirah Haivrit Besefard Hamuslamit, pp. 441-443; M. Ish Sholom, Kivrei Avos, 1948, pp. 190-192;Kovetz R. Yehudah Halevi, 1950, pp. 47-65; Y. Burlu, R’ Yehuda Halevi, 1968; Zev Vilnay,Matzevos Kodesh Beretz Yisroel 2:298-299; E. Reiner revisited this in, Pilgrims and Pilgrimage to Eretz Yisrael (1099-1517),(PhD dissertation, Hebrew University of Jerusalem, 1988), pp. 30-33; T. Ilan, Kivrei Tzadikim, 1997, p. 255; A. Shear, The Later History of a Medieval Hebrew Book, Studies in the Reception of Judah Halevi’s Sefer Ha Kuzari, (PhD dissertation, University of Pennsylvania), 2003, pp. 95, 513-514; Y. Yahalom, Judah Haevi: A life of Poetry, Jerusalem 2008, pp. 7-8; R. Scheindlin, The Song of the Distant Dove: Judah Halevi’s Pilgrimage (Oxford University Press, 2008), pp.150-152, 249-252; Hillel Halkin, Yehuda Halevi (New York: Nextbook/Schocken, 2009), pp. 236-242. See also Lawrence J. Kaplan, The Starling’s Caw’: Judah Halevi as Philosopher, Poet, and Pilgrim, Jewish Quarterly Review 101:1 (Winter 2011): 97-132; David J. Malkiel – Three perspectives on Judah Halevi’s voyage to Palestine, Mediterranean Historical Review, Vol. 25, No. 1, June 2010, 1–15. (Thanks to Menachem Butler for the last two sources).
[5] For more sources on R. Yehuda Halevi and his love of Eretz Yisrael, see: D. Kaufmann, (supranote 4), pp. 193-194; A. Shear, supra, pp. 516-517; C. Schirmann, Letoldos Hashirah Vehadramah Haivrit, vol. one, pp. 319-341; C. Schirmann, Toldos Hashirah Haivrit Besefard Hamuslamit, pp. 466-480. Franz Kobler, A Treasury of Jewish Letters, vol. one, p. 155; Abraham Haberman,Toldos Hashirah Vhapiyut, vol. one, p. 185; R’ Yosef Dov Soleveitchik, Lord is Righteous in All His Ways: Reflections on the Tish’ah Be-Av Kinot,pp. 304-312.
[6] R’ Yosef Dov Soleveitchik, Lord is Righteous in All His Ways: Reflections on the Tish’ah Be-Av Kinot,p. 304.
[7] On this Piyut and how famous it became see A. Doron in B-Orach Maadah, (Aron Mirsky Jubilee volume), 1986, pp. 233-238[=Yehudah Halevi, A. Doron, Ed. 1988, pp. 248-254]; B. Bar Tikvah, Sugot Vesugyot Be-fiyut Hapravencali VeHakatloni, pp. 395-425; I. Davidson, Otzar Ha-shira Ve-hapiyut, 3, pp. 321-322.
[8] Below I demonstrate that this date is incorrect and that the correct death date is 1141.
[9] The Complete tisha B’av Service, 1998, p. 328. See also R. Yakov Weingarten, Kinos Ha-Mifurush, 1988, p. 43, 276; Rabbi Berel Wein, Patterns in Jewish History, 2011, pp. 75-76 (as an aside its worth mentioning that this book is excellent).
[10] The Lord is Righteous in All His Ways: Reflections on the Tish’ah Be-Av Kinot, p. 303. [I would like to thank my friend Rabbi Dov Loketch for bringing this source to my attention]. In the new edition of the Rav’s Kinos this is recorded slightly differently.
[11] See the Gemarah at the end of Kesuvot.
[12] Sefer Chardeim, p. 208. See also his Mili Deshmayhu, pp. 4-5. The truth is the author ofShir Yidddus was not R. Yehuda Halevi, see R. Menachem Krengel in his notes to Shem Hagedolim, p. 35a; I. Davidson, Otzar Ha-shira Ve-hapiyut, 1, p. 348.
[13] p. 217, Filipowski ed.
[14] id., p. 219.
[15] Shalsheles Hakabbalah, p. 92.
[16] Shalsheles Hakabbalah, p. 92.
[17] Koreh Hadoros, p.33. He writes that he heard it from ‘old people’ and then saw it in theShalsheles Hakabbalah.
[18] Seder Hadoros, p. 201
[19] Tevous Haaretz, p.443. Benjamin the Second, in his book, Asia & Africa from 1846-1855, also brings down this story (p.13) but it only appears in the English edition of his work not in the Hebrew.
[20] A. Shear, Kuzari and the Shaping of Jewish Identity, 1167-1900 (Cambridge: Cambridge University Press, 2008, pp.162-163.
[21] Besulas Bas Yehuda, pp. 25-29.
[23] Knesset Yisroel,1, p. 400.

[24] Die religiöse Poesie der Juden in Spanien, Berlin: Veit, 1845, pp. 287-291.

[22] Interestingly enough, David Kaufmann uses other evidence to prove that the poems of R. Yehuda Halevi indicate that Jerusalem was under Christian rule (Mechkarim Besafrus Haivrit Byemei Habenyim p. 194). See also Sefer Yerushalyim 1099-1250; M. Ish Shalom, Betzalon Shel Malchus, p. 234. A.M. Luncz in his edition of Tevous Haaretz, p. 443 also did not believe the story.[25] See my article in Yeshurun 24 (2011), pp. 467-468.[26] Mivchar Kitavim, pp. 215-216. See also Chida, Shem Hagedolim, Vol. 1, p. 2, Vol. 2, p. 24; A. David, Mifal Histographi shel Gedaliah Ibn Yachi, Baal Shalsheles Hakabbalah,(PhD dissertation, Hebrew University Jerusalem, 1976) and E. Yassif in Sippur Ham Haevrei pp. 351-371.[27] Kovetz R. Yehudah Halevi, 1950, p. 29. See also A. Aderet, Itineraries in Yiddish to Eretz Yisroel in the 17th and 18th century, (Heb.), Phd Bar Ilan 2006, p. 236.
[28] Machberes Hauruch p. 5.
[29] Independently, we know that during R. Yehuda Halevi’s stay in Egypt he was a prolifi composer. Perhaps, what is meant by the above story, is that he was going to limit the focus of future compositions, not that he was abandoning composing entirely.
[30] Toldos Safrus Byisroel, vol. 1, p. 115. On this trip to North Africa see Yehudah Halevei U’vnei Chugo, p. 192.
[31] Mechkarim Besafrus Haivrit Byemei Habenyim p. 195.
[32] Amudei Avodah, p.70.
[33] Amudei Avodah, p.76.
[34] Kinos p. 130.
[35] Mechkarim Besafrus Haivrit Byemei Habenyim p. 195. Shadal writes it was written in Spain.
[36] There are actually various readings of these words in the manuscripts, but Adler accepts this as the correct reading See his edition of The Itinerary of Benjamin of Tudela, London 1901, p. 29. R. Scheindlin (note 5), p. 276 disagrees with Adler’s reading.
[37] See Masos Eretz Yisrael, pp. 51-53 and Kovet Al Yad 13:267-269.
[38] Avraham Yari, Masos Eretz Yisrael, p. 110. Also see J. Prawer, Toldos Hayehudim Bemamleches Hazelvonim, p. 150
[39] Kovet Al Yad 14:292.
[40] Masos Eretz Yisroel, p. 113.
[41] Iggrot Eretz Yisroel, p. 301.
[42] Masos Eretz Yisroel, p. 438. I would venture to say the author confused R. Shlomo Ibn Gabriel with R. Yehuda Halevi. Both being famous composers, they are sometimes confused. Furthermore, we have no source that R. Shlomo Ibn Gabriel ever came to Eretz Yisrael (aside from a very late letter written in 1747 printed in Egrot Eretz Yisrael, p. 273). (See also David Kaufmann, p. 205 and Sinai, vol. 28, p. 290). I have written about this elsewhere. See also R. Moshe Riescher, Sharei Yerushlayim. p. 151, 145.
[43] Sinai vol. 28, p. 284.
[44] There are a great many articles on this topic see: R. Brody in B. Richler, Hebrew Manuscripts: A Treasured Legacy, Ofek 1990, pp. 112-133; N. Danzig, A Catalogue of Fragments of Halakha and Midrash from the Cairo Genizah in the Elkan Nathan Adler Collection of the Library of The Jewish Theological Seminary of America (New York, 1997), 3-39 (Hebrew); A. Hoffman and P. Cole, Sacred Trash: The Lost and Found World of the Cairo Geniza (New York: NextBook/Schocken, 2011). See also E. Hurvitz, Catalouge of the Cairo Geniza Fragments in the Westminster College Library, Cambridge, N.Y. 2006
[45] See for example Yehsurun, 23 (2010), pp. 13-34; S. D. Goitein Moses Maimonides, Man of Action – A Revision of the Master’s Biography in Light of the Geniza Documents, Hommage à Georges Vajda: études d’histoire et de pensée juives. Louvain: Peeters 1980, pp. 155-167.
[46] R. Brody, The Geonim of Babylonia and the Shaping of Medieval Jewish Culture (New Haven and London: Yale University Press, 1998)
[47] Shadal first printed a collection of his poems in 1840 but, continued working on it for the many years. Right after he died, in 1864 the Mekizei Nirdamim Publishing House printed as its first work a more complete edition of R. Yehuda Halevi’s poems from Shadal.
[48] p. 32.
[49] D. Kaufmann, (note 5), p. 175; C. Schirmann, Toldos Hashirah Haivrit Besefard Hamuslamit, p. 437; Yehudah Halevei U’vnei Chugo, p. 177.
[50] D. Kaufmann, (note 5), p. 169.
[51] D. Kaufmann, (note 5), p. 170; C. Schirmann, Toldos Hashirah Haivrit Besefard Hamuslamit, p. 435; Yehudah Halevei U’vnei Chugo, p. 59, 122; Y.Ta- Shema, Rebbe Zerachia Halevi, 1992, p. 37.
[52] A Mediterranean Society, p. 462.
[53] There is a lot related to R. Yehuda Halevi in these documents unrelated to this article. Such as an autograph letter where he discusses why he wrote his classic work Kuzari. See Yehudah Halevei U’vnei Chugo, pp.182-184; A Mediterranean Society, p. 456, 465; Mordechai A. Friedman, Judah Ha-Levi on Writing the Kuzari: Responding to a Heretic, in B. Outhwaite and S. Bhayro, eds., ‘From a Sacred Source’: Genizah Studies in Honour of Professor Stefan C. Reif (Leiden 2011), 157-169. (Thanks to Menachem Butler for this last source). Some of the other autograph letters show him dealing with Pidyon Shivuyim. See A Mediterranean Society, p. 462-465; Yehudah Halevei U’vnei Chug, p.178-181. See also Mordechai A. Friedman, “On Judahha-Levi and the Martyrdom of a Head of the Jews: A Letter by Halfon ha-Levi ben Nethanel,” in Y. Tzvi Langermann and Josef Stern, eds., Adaptations and Innovations: Studies on theInteraction between Jewish and Islamic Thought and Literature from the Early Middle Ages to the Late Twentieth Century, Dedicated to Professor Joel L. Kraemer (Leuven: Peeters, 2007), 83-108.
[54] Yehudah Halevei U’vnei Chugo, pp. 202-203. See also R. Yehuda Al-charizi, Sefer Tachomoni, 1952, pp. 46-48
[55] Yehudah Halevei U’vnei Chugo, p. 330. The translation is from S. Goitein, A Mediterranean Society, volume V, p. 289.
[56] See also C. Schirmann, Toldos Hashirah Haivrit Besefard Hamuslamit, pp. 421-480.
[57] This is the trip mentioned above from R. Shlomo Parchon. It is pretty clear that he was good friends with Ibn Ezra even before this.
[58] Yehudah Halevei U’vnei Chugo, p. 483. On the significance of his departure being on Shavuos see Y. Ta-Shema, Halacha, Minhag U-mitzios Be-Ashkenaz 1100-1350, 2000, p. 179; J. Katz, The Shabbes Goy, 1989, pp. 35-48.
[59] Yehudah Halevei U’vnei Chugo, pp. 253-254, 494, 495.
[60] The Jews in Egypt and in Palestine under the Fatmid Caliphs, 1, 1920, pp. 224-225.
[61] Yehudah Halevei U’vnei Chugo, pp. 254-256, 484-490. See also Goitein in Tarbitz, 46:245-250.
[62] Yehudah Halevei U’vnei Chugo, p. 256, 496.The truth is this proof alone is not enough as a friend pointed out to me in Genizah documents we do find זקל and זל for example if one looks in the Shut of R. Avraham ben HaRambam printed by Goitein, in 1937 which is based on documents from the Cario genizah one will see זל, זצל andזקל for זל andזצל see p. 1,4, 7,10,13,26 & many more place. Forזקל see p. 9,104, 161,170. A search on the Princeton Genizah Project shows thatזל and זצל are much more common than זקל but זקל does appear over 36 times.
[63] For other possible explanations why R. Yehuda Halevi wanted to go to Eretz Yisroel see. S. Abramson, Kiryat Sefer, 29 (1953), pp.133-144; David J. Malkiel – Three perspectives on Judah Halevi’s voyage to Palestine, Mediterranean Historical Review, Vol. 25, No. 1, June 2010, 1–15. Also see J. Prawer, Toldos Hayehudim Bemamleches Hazelvonim, pp. 154-156.
[64] Reiner, (note 5).
[65] Pe’amim 68, pp. 4-15.
[66] A Mediterranean Society, volume V, pp. 449-450. On the political situation in the times of the Kuzari, see Y. Baer, Mechkarim, pp. 251-268.
[67] Peletas Beis Yehudah, 1971, pp. 84-88. (I would like to thank my friend Rabbi Eli Meir Cohen for bringing this source to my attention.)
[68] Yehudah Halevei U’vnei Chugo, p. 205.
[69] Le-Or Ha-Halachah, 2004, pp. 358- 377.
[70] Chazon Ish, Kuntres Yud Ches Shoess, p. 186. See also Genazim Ve-shut Chazon Ish, pp. 205-290 just printed this week [make sure to get it while it is still around] See also here for an interesting work on the topic. See B. Brown, Ha-Chazon Ish, 2011, pp. 612-637. See also R Alexander Moshe Lapides, Toras Hagoan Rebbe Alexander Moshe, p. 20, 23; see also R Chaim Zimmerman, Agan Ha-sahar, p. 427. R. Aryeh Rabinowitz, Toras Haolam Ve-Hayehadus, part 4, 29a. [As an aside, on this author see what the Chazon Ish writes:

וראיתי להגאון האדיר ר’ אריה ממינסק בספרו באר היטב… (חזון איש, קדשים ס’ כו אות טז).

The Chazon Ish does not use such language frequently. [Thanks to my Uncle, Rabbi Sholom Spitz for pointing out this source to me].

The truth is this whole issue is not so simple as the Ravad comments on the Baal Ha-Maor:

והריח אשר הריח מן הכוזרי ומחבורי רבי אברהם ב”ר חייא הספרדי כי הם פירשו ההלכות הללו על זה הדרך עצמו והוא מתעטר בעדים שאינם שלו, אין לנו ללמד מדברי מי שאינו מאנשי התלמוד לפי שהם מסבבים פני ההלכה לדבריהם כאשר לא כן. וכבר שמענו כי הנשיא רבי יצחק ב”ר ברוך ז”ל שהיה בקי בזו החכמה והיה בקי בהלכה שבר את הדברים האלה ויישר כחו ששבר… ועם כל זה ואריכות דבריו אין הלכה יוצאה לאור מדבריו, רק ממה שכתב בספר הכוזרי…יוצא לאור לפי הסברא ההיא(כתוב שם, לראב”ד, ראש השנה ה ע”א).

He is complaining that he plagiarized from the Kuzari but we do not pasken like him anyways…and was not a talmudist! The truth is it is possible that the Chazon Ish gave much more weight to Kuzari as he held there is no such thing as being a Baal Aggdah alone. I am referring to the censored passage from the Chazon Ish Emunah U-bitchon where he writes:

אלה שלא זכו לאור הגמ’ בהלכה, המה משוללים גם מאגדה באפיה האמיתי. כי בהיותו חסר לב חכמה, אי אפשר לו לקנות מושגים שמימיים אמיתיים, גם אינו מסוגל ללימודים מישרים. ומה שהזכירו בגמ’ בעלי אגדה – היינו חכמים בהלכה שהוסיפו עיונם גם באגדה, אבל לא יתכן להיות ריק מהלכה ולהיות בעל אגדה. ויתכן אנשים שעסקם בהגיונות בני אדם כעין פילוסופי’ ריקנית, פעם במדות פעם בקורות הדורות ועוד כיוצא בהם, ומשתדלים לקבוע הגות לבם במסגרת התורה, ויתכן שיצליחו למשוך לב השומעים ולהנעים זמירות באזני המקשיבים. ואמנם אלה אין להם חלק בתורה, לא בהלכה ולא באגדה, כי כיסוד ההלכה יסוד האגדה. אין אגדה הגיון לב – האגדה היא חלק התורה שקבלנוה דור אחר דור, אשר מסרה משה ליהושע ויהושע לזקנים וכדתנן באבות. ולהיות בעל אגדה החובה להיות בקי במקרא בתורה בנביאים וכתובים, להיות בקי בכל אגדות שנאמרו בגמ’ בקיאות נאמנה, להיות בקי במדרש בקיאות שנונה ומסודרת, ואחר כך לשאת ולתת בהן בהבנת המסקנות שבהם, וכמו שלא יתכן חכם בהלכה בלא קנין הבקיאות המרובה.

So the Kuzari had to be a star Talmudist too. On this issue see Y.Ta- Shema, Rebbe Zerachia Halevi,1992, p. 4; I. Twersky, Rabbad of Posquieres, p. 266.

On these censored pieces of the Chazon Ish see B. Brown, Ha-Chazon Ish, 2011, pp. 166-167 (and see here). It’s worth mentioning these pieces have been finally printed in an authorized version from the family this week in a work called Genazim Ve-shut Chazon Ish, pp. 106-112.Besides for the Ravad writing against the Kuzari on this topic see also in the sefer Divrei Chachomim on the dateline, p. 27:

וראיתי כי אין ללמוד להלכה מדברי הכוזרי הנ”ל, כי כמו שאין למדין הלכה מן ספרי המקובלים… כן אין למדין הלכה מן ספרי מחקר ודרוש כהכוזרי…
[71] Kuzari, 5:23.
[72] See Y. Zisberg, Medieval Rabbinic Attitudes towards the Land of Israel and the Religious Obligation of its Settelment, (PHd Bar Ilan 2007), pp. 48-57 who has an excellent discussion on this topic.
[73] It is not clear if Ibn Ezra ever even made it to Eretz Yisroel see N. Ben Menachem, Inyani Ibn Ezra, pp. 182-190, 239; Uriel Simon, Transplanting the Wisdom of Spain to Christian Lands: The Failed Efforts of R. Abraham Ibn Ezra, Simon Dubnow Institute Yearbook 8 (2009) 139-189; Zisberg, supra, pp. 58-68. Regarding where he is buried see: M. Ish Sholom, Kivrei Avos, 1948, p.189; Zev Vilnay, Matzevos Kodesh Beretz Yisroel 2:299; T. Ilan, Kivrei Tzadikim, 1997, p. 255.
[74] supra p. 206. See also Yakov Reifman, Iyunim BeMishnat Harav Ibn Ezra, 1962, pp. 95-97, 56; N. Ben Menachem, Inyani Ibn Ezra, pp. 225-233; Y. Ibn Shmuel, Kuzari, pp. 371-372; E. Fleischer, Hashira Haivrit Besefard, 2, pp. 266-267. However see A. Shear, Kuzari and the Shaping of Jewish Identity, 1167-1900 (Cambridge: Cambridge University Press, 2008, p. 23 and his doctorate, The Later History of a Medieval Hebrew Book, Studies in the Reception of Judah Halevi’s Sefer Ha Kuzari, (PhD dissertation, University of Pennsylvania, 2003, pp. 96-97) who concludes that Ibn Ezra did not see the Kuzari’s work.
[75] p. 247.
[76] pp. 92-93.
[77] N. Ben Menachem, Inyanei Ibn Ezra, pp. 233-240, 346-356 collected many version of this Legend. See also: R. Dovid Ganz, Tzemach David, p. 121; R. Yosef Sambori, Divrei Yosef, p. 100;Shut Chavos Yair, siman 248; R’ Yosef Dov Soleveitchik, Lord is Righteous in All His Ways: Reflections on the Tish’ah Be-Av Kinot, p. 304-305; Kovetz R. Yehudah Halevi, 1950, pp. 84-93. See also A. Shear, Kuzari and the Shaping of Jewish Identity, 1167-1900 (Cambridge: Cambridge University Press, 2008. p. 298.

Interestingly enough the Meiri in his Seder Hakablah and the Sha’ari Zion make no mention of this relationship between Ibn Ezra and R. Yehuda Halevi.
[78] Sefer Tachkemoni, 1952, p. 45.
[79] A topic worthy of its own article in the Future B”h.
[80] N. Ben Menachem, Inyani Ibn Ezra, p. 255.
[81] Yehuda Halevei U’vnei Chugo pp. 148-173. Many agree with this suggestion but some still disagree (see ibid, pp. 250-251). See Halkin, (note 5) pp. 330-335. For more on this whole sad affair with the son of Ibn Ezra see E. Fleischer in Toldos Hashirah Haivrit Besefard Hanotzrit, pp. 71-92; E. Fleischer, Hashira Haivrit Besefard, 2, pp.264-270. See also Y. Levine, Avrhom Iban Ezra, 1970, p. 17.
[82] Yehuda Halevei U’vnei Chugo pp. 491-494. See also E. Fleischer, Hashira Haivrit Besefard, 2, pp. 270-273; D. Kaufmann (note two), p. 190, 201.

Interestingly enough the Meiri in his Seder Hakabbalah and the Sha’ari Zion make no mention of this relationship between Ibn Ezra and R. Yehuda Halevi.




Lighting Shabbat Candles in Jerusalem 40 Minutes Before Sunset

Lighting
Shabbat Candles in Jerusalem 40 Minutes Before
Sunset
By William Gewirtz

Introduction

There is a story,
perhaps apocryphal, of a visit to Jerusalem by R. Yoel Teitelbaum in
which he is driven to the Kotel on Friday afternoon well after
the customary time to light Shabbat candles in Jerusalem, 40
minutes before sunset. As his car was being stoned, he suggested that
instead of adding 40 minutes to the Friday night pre-Shabbat
period, it would be more appropriate that 40 minutes be added to
the time at which the calendar of Jerusalem announces that Shabbat
ends. That he had little regard for the ancient customs of
Jerusalem is probably not surprising; finding a compelling rationale
for the zemanim practiced in Jerusalem is a wholly other
matter. In terms of Saturday evening, Jerusalem has always followed
the opinion of the geonim, which is now most often attributed
to the Gaon of Vilna. For the entire period of recorded
history, even prior to the era of the Gaon, with isolated
exceptions, Shabbat ended in Jerusalem at most 36 to 42
minutes after sunset, depending on the season.
[1] However, some returning from Europe brought back with them to Israel
the European practice that extended
Shabbat to 72 minutes
after sunset or even further in accordance with the opinion of
Rabbeinu Tam.

However,
lighting candles 40 minutes before sunset Friday night remains
baffling despite several theories that have attempted to provide a
rationale,
[2] all of whom I find questionable. Why 40 minutes instead of 18, 20,
30, 36 or 45 minutes? What follows are
halakhic positions from
authorities going back over 800 years, and perhaps even supported by
a source in the
yerushalmi, which provides a theory that is
consistent with practices rarely encountered in recent times. As we
will see, many of these practices must contend with issues that
cannot be defended in their entirety without some minor modification
/ correction. Ironically, the standard alternative often observed,
based on Ramban and many subsequent
akhmai sforad,
also faces a major issue that I cannot effectively address.


What follows are an
organized sequence of ten propositions that provides clear support
for the practice of lighting candles 40 minutes before sunset; I
succinctly demonstrate clear support for each proposition from major
sources and / or figures in halakhic history. Despite its
formal organization, this essay presents an educated guess as opposed
to a definitive conclusion. In other contexts, I have warned against
being overwhelmed by numerical coincidences; though I strongly doubt
it, one cannot rule out that this is just another example of one as
well.
Deriving
40 minutes before sunset

Proposition
1
. The hours of the day were separately estimated from a
morning start point to midday and from midday to an evening endpoint.
It is highly unlikely that calculating the length of time between a
morning start point until an evening endpoint and dividing by 12 was
used in that manner to determine the length of a halakhic hour
prior to the existence of clocks.

Support:
While calculating from a point in the morning to a point in the
evening and dividing by twelve is the theoretical method implied in
the Talmud, it seems rather unlikely to have been used in practice
prior to the benefit of a clock. In fact, in describing his method of
estimation of the time by which to finish the consumption of ḥametz
on erev pesa, Ravyah explicitly describes his method
for estimating the morning hours between a morning start point and
ḥatzot. This assumption about separately calculating
from ḥatzot to both a morning and evening endpoint is
critical to what is proposed in this essay.


Proposition 2.
The morning start point used in the Middle East was alot
ha’sha
ar, not sunrise,
[3] despite the influence of the talmidei ha’gra. In addition,
in Jerusalem, 90 versus 72 minutes before sunrise was often, but not
always, the time used for
alot ha’shaḥar around the fall
and spring equinox.


Support:
Using alot ha’shaḥar as the morning start point is rooted
in the opinions of Ramban, R. Israel Isserlein and many other
rishonim. Clearly, the Ben Ish Ḥai and the calendar of
Jerusalem, among many others, calculated using alot ha’shaḥar
versus sunrise. The use of 90 versus 72 minutes before sunrise as the
time of alot ha’shaḥar occured at various times in history
in Eretz Yisroel and other parts of the Middle East as well,
particularly in Jerusalem. Whether the Gaon supported 90 or 72
minutes is strongly disputed.
[4] 


Proposition 3.
The evening endpoint is either the symmetric counterpoint to alot
ha’shaḥar
, as is clearly derivable from Ramban and his
school, or an asymmetric point in the evening occurring significantly
earlier at the point of transition between days of the week according
to the geonim. Finding support from R. Israel Isserlein for
such asymmetric endpoints is a complicated and debatable task that
is, in any case, arduous to demonstrate.
[5] Instead, we reference explicit support from multiple significant
a
aronim.


Support:
Clearly Ramban and his school who assert that plag ha’minḥa
occurs only 3.75
[6] minutes before sunset were calculating from a point as far after
sunset as
alot ha’shaḥar is before sunrise.[7] Astounding as it might seem, numerous important aḥaronim
calculated to an asymmetric earlier endpoint, approximately 20-40
minutes after sunset. Among
aḥaronim who maintain such a
viewpoint are R. Nosson Adler,
[8] R. Yaacov Lorberbaum, the Ben Ish Chai, R. Yosef Chaim Sonnenfeld,
among many others. While the endpoint of Ramban is the point at which
Shabbat ends according to Rabbeinu Tam, the earlier point is
the end of
Shabbat according to the geonim.

Support
for such asymmetry can also be derived from a lengthy (and disputed)
discussion beginning in yerushalmi Berakhot 2b,
[9] that considers the verse in Nehemiah 4:15,
  • Ve’anaḥnu
    osim be’melaḥah…. Mei’alot ha’shaḥar ad tzait
    ha’kokhavim
    as
    defining an asymmetric daytime period from alot ha-shaḥar
    until the appearance of three stars.
    [10] 

Proposition 4.
With clocks in common use, each of the aḥaronim mentioned
counted the length of time from alot ha’shaḥar to an
earlier evening endpoint and divided by 12 to derive the length of a
halakhic hour. This method of calculation resulted in the
miscalculation of atzot.


Support: Their
method is an unarguable fact that appears in their writings and / or
calendars. One can also easily verify the miscalculation of ḥatzot
by calculating a halakhic hour using alot ha’shaḥar
and end of Shabbat according to the geonim as
endpoints. That calculated point of ḥatzot is typically
20-30 minutes earlier than the indisputable point of ḥatzot
that can be observed directly.
[11]


Proposition 5.
Because of a miscalculated ḥatzot, some wanted to
throw out the baby with the bathwater and claimed the absolute
necessity of using Ramban’s later endpoint that is symmetric with
alot ha’shaḥar. Use of any symmetric endpoints around
sunrise and sunset calculates the point of ḥatzot correctly.


Support: The
most complete account of this issue and its ramifications come from
various documents recording the debate that took place over several
years in Jerusalem more than 110 years ago between R. Yosef Chaim
Sonnenfeld and R. Yeḥiel Miḥel Tukatzinsky.
[12] The calendar originally in use, strongly supported by R. Sonnenfeld,
miscalculated
ḥatzot. Multiple insignificantly different
accounts of the debate all agree that in the end a changed calendar
that calculated
ḥatzot accurately resulted. By moving ḥatzot
forward by about 20 minutes, the new calendar also set
sof zeman
keriat shema
about 10 minutes later, which was the primary
motivation for R. Sonnenfeld’s objection. The changed calendar,
like the current calendar (still) in use today, calculates using a
depression angle of approximately 20 degrees, equivalent to 90
minutes around both the spring and fall equinox, identical to what
Ramban proposed.

Proposition
6
. Unfortunately, Ramban’s endpoints, 90 minutes from sunrise
and sunset when used around the winter solstice, results in plag
ha’min
a occurring around 10 minutes after
sunset, an inelegant and disqualifying occurrence. The fact that
this has not been recognized would imply that this version of the
opinion of Magen Avraham using 90 minutes, with either a fixed or a
depression angle implied number of minutes, was not in widespread
use.


Support: This
is indisputable if we examine dates near the winter solstice. On
December 21 in Jerusalem, sunset is at 6:39 PM and plag ha’minḥa
occurs between 7 and 13 minutes after sunset depending if you
calculate with a fixed 90 minutes (strongly opposed but resulting in
8 minutes) or depression angles (strongly supported and resulting in
13 minutes.)
[14]Note that 72 minutes does not have this problem; plag ha’minḥa
occurs very slightly before sunset on December 21 when 72 minutes is
used.
[15]


Proposition 7.
Fixing the alternative that miscalculates ḥatzot is
straightforward; just calculate like we assume occurred before the
use of clocks – from a known point of ḥatzot to alot
ha’shaḥar
and from ḥatzot to an earlier evening
endpoint. Note that ḥatzot is not calculated but observed
and occurs at midday.


Support: The
morning hours present no issues;
[15] find the length of time between alot ha’shaḥar and ḥatzot
and divide by six. Afternoon hours are a bit stickier. There are
multiple options for the precise time to use for the evening
endpoint, depending on one’s best estimate of the point of
transition between days of the week on a biblical level. One could
advance arguments for any depression angle that associates with a
time between 20 – 28 minutes after sunset around the spring and fall
equinox. Given the preference for 90 minutes over 72 in Jerusalem,
use of such an earlier endpoint, which avoids the (unreported and)
anomalous occurrence of
plag ha’minḥa after sunset,
appears to be reasonable.

Proposition
8
. Those who note that morning hours are longer than afternoon
hours need not be concerned; in an unexplained position, one of last
century’s greatest poskim claimed that unequal morning and
afternoon hours is not an anomaly but what should be expected.

Support:
In a position that neither I nor the many who I have asked can fully
explain, R. Moshe Feinstein insisted that halakhic hours
differ between the afternoon and the morning. Unfortunately, R.
Feinstein states that either the morning or afternoon
hours can be longer; this approach can only explain the morning hours
being longer. While I cannot claim that this approach provides the
definitive explanation, I have never found another approach that
provides any more cogent (albeit partial) rationale.
[16]


Proposition 9.
Using this approach or even the errored one that miscalculates
ḥatzot, find the time of the year when plag
ha’min
a comes closest to sunset.


Support: The
time for plag ha’minḥa comes closest to sunset around
December 21st when the daytime period and hence halakhic
hours are shortest. There are multiple opinions that differ slightly
with respect to the biblical point after sunset that marks the
transition between days of the week. Using a depression angle of 6
degrees, a reasonable choice for that point of transition, on
December 21st plag ha’minḥa occurs 42
minutes before sunset.
Throughout the rest of the year plag
ha’minḥa
occurs more than 42 minutes before sunset.
Examining the issue in detail and using December 21st:

  • ḥatzot at
    11:37 AM,
  • sunset
    at 4:39 PM, and
  • a
    depression angle of 6 degrees as the day’s approximate end, 27
    minutes after sunset at 5:06 PM,
we
derive:
  • a
    halakhic hour of ((ḥatzot to sunset) + 27 minutes) /
    6 = (302 minutes + 27 minutes) / 6 = 54.833 minutes,
    resulting in

  • plag ha’minḥa
    (the end of the day) – (54.833 * 1.25) minutes = 5:06 PM – 68.54
    minutes = 3:57 PM, 42 minutes before sunset.
It
is unimaginable that such a precise calculation that results in plag
ha’minḥa
42 minutes before sunset was used to initially
establish the custom of lighting 40 minutes before sunset.
Additionally, many potential changes including:
  • calculating
    (incorrectly) from alot ha’shaḥar,
  • choosing
    a slightly earlier (or even (incorrectly) a later) evening endpoint,
  • not
    using depression angles (an absolute certainty), and
  • disagreements
    about how shekiah is to be calculated given Jerusalem’s
    altitude
will
move the time of plag ha’minḥa, most often several minutes
earlier.

However,
it is critical to appreciate that we are attempting based on
(halakhically inspired) religious
[17] instincts to light candles as early as is possible without
violating an explicit
halakhic boundary that demands
that we light candles after
plag ha’minḥa. Any attempt to
light earlier than 40 minutes before sunset would likely face
halakhic resistance, particularly at a time when estimation
and approximation were still in common use.

Proposition
10
. Lighting candles 40 minutes before sunset guarantees we are
lighting at:
  • a
    uniform time all year,
  • as
    early as possible, but
  • always
    at a time that is after
    plag ha’minḥa.
Support:
40 minutes is the largest round number that simultaneously meets
all three proposed objectives. Q.E.D.

Conclusions:

To
again be clear, I do not claim that the original basis was derived as
I have outlined. Undoubtedly, the original custom resulted from
accurate approximation as opposed to precise calculation.
Nonetheless, proposition 10 likely captures the original intent of
those who started this unique practice. Knowing more of the early
history surrounding this well establish custom would add
significantly to our understanding. For now, it remains a conjecture
on which comments would be appreciated.

[1]  Even Hazon Ish waited only 45 minutes before ending Shabbat.
[2]  See Minhagei Yisrael
(page 102, footnote 18) by R. Yaacov Gliss and
Ha’zemanim
Ka’halakha
(chapter 60, footnote 18) by R.
Chaim Benish for proposed theories.
[3]  While most currently follow the method of the Gaon
of Vilna and calculate from sunrise to sunset, surprisingly, this
method has no uncontested support prior to the 16
th
century when it was suggested by R. Mordechai Yaffe. Both R. Yaffe
and the
Gaon cited no
prior halakhic support; instead they claimed that the hours of the
day are naturally defined by the period between sunrise and sunset.
This contentious topic is not pursued further.
[4]  Multiple comments on different sections of the Shulḥan
Arukh
strongly imply support for 90 minutes;
some comments in
midrashic settings
explicitly support 72 minutes.
[5]  A student of R. Yisroel Isserlein, R. Yaacov ben Moshe in his sefer
Leket Yosher

sheds light on this issue, (assuming knowledge of the operation of
the diverse clocks in use during the 15
th
century.) In the first mention of clocks in
halakhic
literature around the turn of the 16
th
century,

R.
Yaacov ben Moshe specifies that the time that R. Isserlein permitted
a person having difficulty fasting on
Taanit
Esther

to read the
Megillah
as slightly before 5 PM. What R. Isserlein described
halakhically
as
plag
ha’minḥa

was quantified by R. Yaacov ben Moshe as occurring a few minutes
before 5 PM.
[6] The perhaps unfamiliar 3.75 minutes is 1/6th
of the time to walk a
mil
of 22.5 minutes.
[7] Ramban in Torat ha’Adam
states that
plag ha’minḥa
occurs at the time it takes to walk 1/6
th
of a
mil before
sunset. From that statement three conclusions can be drawn:
  1. The
    time to walk a mil is 22.5 minutes, not the normally assumed
    18 minutes.
  2. The
    hours of the day are calculated between alot ha’shaḥar
    and an evening equivalent, following what is referred to currently
    as the position of Magen Avraham.
  3. Alot
    ha’shaḥar
    and its evening equivalent are separated from
    sunrise and sunset respectively by 90 (not 72) minutes around the
    spring and fall equinox.
[8]  R. Adler’s practice is still followed in Zurich.
[9] An abbreviated discussion also occurs in multiple places in the
bavli.
[10] Three stars appear after sunset in the Middle East before 30 minutes
after sunset. The
Gaon of
Vilna succinctly and accurately describes his view of the point of
transition between days of the week as the appearance of 3 stars
versus Rabbeinu Tam’s view that he equates to the appearance of
“all the (millions of) stars.
[11] As traditional a posek
as R. Yitzchok Weiss, the author of
Minhat
Yitzhak
(vol 4:53), invalidates any approach
that results in a miscalculation of
hatzot.
[12] A young man at the time, R. Tukatzinsky was married to the
granddaughter of the venerable R. Shmuel Salant, the last undisputed
chief rabbi of Jerusalem in whose court the dispute was adjudicated.
[13] The length of the day on December 21st
is 10 hours and 4 minutes. Using fixed minutes thus adding 180
minutes, dividing by 12 and multiplying by 1.25, (604 + 180)/12*1.25
= ~ 82 minutes, which puts
plag ha’minḥa
8 minutes after
sunset. Adding 192 versus 180 minutes results in
plag
ha’minḥa
occurring another 5 minutes
later, 13 minutes
after sunset.
[14] Using depression angles plag ha’minḥa is
only one minute before sunset; with fixed minutes it is about 6
minutes before sunset.
[15] All the morning hours, including sof zeman
krait shema
are identical to the hours
calculated by any symmetric calculation based of the Magen Avraham’s
opinion, as should be obvious and, in any case, easily verified.
[16] Related perhaps, but in ways that are unclear, both of last
century’s most noted

poskim,
R.
Shlomo Zalman Auerbach as well as R. Feinstein issued rulings about

ḥatzot ha’lailah
and
ḥatzot
ha’yom
,
respectively, that are incredulous. R. Feinstein writes based on
tradition, but with no additional justification, that
ḥatzot
is not calculated and at the same time all years long. That
ḥatzot
is not calculated comports with the ancient practice illustrated by
Ravyah that the determination of
ḥatzot
does not involve calculation but only observation; the latter, that

ḥatzot
occurs at same time all year long, remains unexplained. R.
Auerbach’s ruling, which calculates
ḥatzot
ha’lailah

for purposes of the
pesaḥ
seder
,
is
yet more perplexing. That both
poskim
have baffling positions in approximately the same area, both of
which have not been definitively explained, is intriguing.
[17] I am distinguishing religious from halakhic
similarly to their different meanings as
occur in the writings of both R. Joseph Soloveitchik and Prof. Jacob
Katz.



“Ha’Rotzeh Lichanek, Hitaleh B’Ilan Gadol”: Notes on some Literary forgeries of Jewish works in the the Late Modern Period (1756-1965)

Ha’Rotzeh Lichanek, Hitaleh B’Ilan Gadol”: Notes on some Literary forgeries of Jewish works in the the Late Modern Period (1756-1965)

By Ezra Brand

Ezra Brand is an independent researcher based in Tel Aviv. He has an MA from Revel Graduate School at Yeshiva University in Medieval Jewish History, where he focused his research on 13th and 14th century sefirotic Kabbalah. He is interested in using digital and computational tools in historical research. He has contributed a number of times previously to the Seforim Blog (tag), and a selection of his research can be found at his Academia.edu profile. He can be reached at ezrabrand-at-gmail.com; any and all feedback is greatly appreciated.

Introduction

Jewish literary forgeries are a topic often discussed on the Seforim Blog, especially in the postings of Dr. Marc Shapiro (see the tag “Literary Forgery” for some of the relevant posts).[1] A “literary forgery” refers to a writing which claims to have been written by a certain, usually respected, figure, while in fact written by a later, usually much lesser known, writer.

A recent collection of articles on forgeries states: “There has been a growth in the number of publications dedicated to fakes and forgeries for around thirty years now, many of which have focused on books and literary works.”[2]

The classic source regarding literary forgeries in Jewish writing is that of the Talmud Bavli, Pesachim 112a:

חמשה דברים צוה ר”ע את רבי שמעון בן יוחי כשהיה חבוש בבית האסורין […] אמר לו אם בקשת ליחנק היתלה באילן גדול.

Translation by Koren-Steinzaltz, as appears in Sefaria website (bold in the original translation):

Rabbi Akiva commanded Rabbi Shimon ben Yoḥai to do five matters when Rabbi Akiva was imprisoned […] if you wish to strangle yourself, hang yourself on a tall tree.

Koren-Steinzaltz translation adds the explanation:

“This proverb means that if one wants others to accept what he has to say, he should attribute his statement to a great man.”

This interpretation is based on Rashi’s explanation:

אם בקשת ליחנק – לומר דבר שיהיה נשמע לבריות ויקבלו ממך. היתלה באילן גדול – אמור בשם אדם גדול.”

According to Rashi’s interpretation, this source permits fabricating a quote from an authority in order to be believed.[3] 

Based on this interpretation, the term often used in rabbinic writing for “forging” in someone else’s name is “תלה ב”, literally “hung on X”, meaning “ascribed (falsely) to X”.

The great scholar of Mishpat Ivri, Nahum Rakover, devotes a portion of his book on intellectual property in halacha, to a discussion of the sources that permit fabricating a quote from an authority in order to be believed.[4]

Some recent historians seem to imply that the 19th century saw a relative uptick in Jewish literary forgeries. Golda Akhiezer, in a 2018 article on Jewish historical forgeries in the 19th century, writes:[5]

One of the paradoxes of European cultural life of the nineteenth century, especially in the Russian Empire, was a combination of two parallel yet apparently conflicting processes: the emergence and increasing importance of modern science and the rise of multifarious forgeries of historical documents.”[6]

It should be pointed out that this isn’t truly paradoxical. Anthony Grafton famously noted the deep relationship between critical scholarship and forgeries.[7]

Ira Robinson also implies an uptick in Jewish literary forgeries in the 19th century, and gives a somewhat different theory as to why this time period gave rise to so many forgeries:

By the end of the nineteenth and the beginning of the twentieth centuries, the highly charged ideological atmosphere, as well as an ever-growing demand for Jewish books, engendered a situation in which there was great temptation to manufacture documents.[8]

However, it is remains speculative whether in fact there were a relatively larger number of Jewish literary forgeries in the 19th century. This question awaits a more quantitative study of the topic.[9]

Table of Notable Forgeries

It’s important to note that this list is not to be comprehensive. Rather, it’s a collection of especially notable forgeries, and some notes on them. I hope to update this list at a later date, and of course happy to hear suggestions.

Title Editor Earliest date (terminus post quem) Previous posts and bibliography
Divrei Gad Ha’Chozeh Leopold Immanuel Jacob van Dort 1756 10
Mishle Asaf (haskamot) Isaac Satanov 1783-1791 11
Besamim Rosh Saul Berlin 1793 12
Ramschak Chronicle Marcus Fischer 1828 13
Zekher Tzaddikim Mordecai Sultansky 1841 14
Sefer Avnei Zikaron Abraham Firkovich 1845-1872 15
The Roads of Jerusalem Eliakim Carmoly 1847 16
Sefer Ha’Eshkol R’ Zvi Binyamin Auerbach 1863 17
Baraita de-Ma’aseh Bereshit Lazarus Goldschmidt 1894 18
The Protocols of the Elders of Zion series of articles in Russian newspaper 1903
Goral HaAsiriyot (1904); Seder Hagada Le’Maharal (1905); Nifla’ot Maharal (1909); Refa’el HaMalach (1911); Tiferet Maharal MiShpoli (1912); Hoshen Mishpat (1913); Divrei HaYamim Asher LiShelomo HaMelech (1914); and more R’ Yehudah Yudel Rosenberg 1904-1914 19
Yerushalmi on Kodshim Solomon Judah Friedlander 1907–1909 20
Genizat Kherson 1922 21
Der Prager Golem (1917); Kovetz Michtavim Mekori’im MiHaBesht VeTalmidav (1923); Heichal LeDivrei Chazal (1948); Sefer Dovev Siftei Yeshenim (1959-1965) Chaim Bloch 1917-1965 22
Kol Hator R’ Shlomo Zalman Rivlin 1939 23

Forgers

There are two works whose genre can be described as “halachic”: Saul Berlin’s Besamim Rosh (1793) and R’ Zvi Binyamin Auerbach’s Sefer Ha’Eshkol (1863).

It is quite noticeable that perpetrators of literary forgery of Jewish texts were especially prominent outside of mainstream Orthodox Judaism, and created their forgeries for polemical reasons: Karaites (forgeries of Sultan and Firkovich), Maskilim, and anti-Semites (Protocols of the Elders of Zion).

Forgery of tendentious works relating to history are especially common:[24]

  1. Forged tombstone inscriptions and manuscript colophons (Firkovich)
  2. Forged chronicles (Sultanski ; Ramschak Chronicle)
  3. Forged travelogue (The Roads of Jerusalem of R’ Isaac Hilu)
  4. Forged protocols of meetings (Protocols of Elders of Zion)
  5. Forged letters (Genizat Kherson ; Bloch’s Kovetz Michtavim and more)[25]
  6. Fake stories (Rosenberg ; Bloch)

Bloch and Rosenberg, who create forgeries for popular entertainment purposes, are closer to the end of the date range, and both made prominent forgeries about the golem of the Maharal: Bloch’s The Letter of the Maharal on the Creation of the Golem (1923) and Rosenberg’s Nifla’ot Maharal. For Bloch, the polemical motivation of anti-Zionism played a role in other forgeries.

Isaac Satanow is the most playful, self-aware forger of them all. He even added fake “haskamot” to his Zohar Chibura Tinyana from well-known late 18th-century rabbinic figures (R’ Yosef Teomim and R’ Chaim Halberstam of Sanz), having the haskamot point out the possibility that Satanov himself wrote the works, but giving halachic justification for the permissibility of forgery.[26]

Rakover, in his book Zekhuyot Yotzrim (cited above), was misled by Satanow. In his discussion of permissibility in halacha of false quotation and literary forgery,[27] Rakover quotes the “haskamot” to Satanov’s as showing that forging is halachically permitted. It appears that Rakover wasn’t aware that the haskamot themselves are most likely forged.

Two of the first forgers discussed here, Saul Berlin and Isaac Satanow, had similar ideologies, and. Satanow may have assisted in fabricating Besamim Rosh.[28]

Conclusion

The issue of Jewish literary forgeries has received further prominence recently in the scholarship of R’ Moshe Hillel. R’ Hillel has written a number of works exposing forgeries. His most famous work is on Divrei Gad HaHozeh, a work purporting to be from the times of King David, published from an 18th century manuscript by Professor Meir Bar-Ilan in 2015. R’ Hillel argues that it is in fact an 18th century forgery.[29]

Hillel also wrote a book earlier this year called Hazon Tavrimon devoted to R’ Yakov Moshe Toledano (1880-1960), dealing with various historical documents that Toledano “discovered”, demonstrating that they are fake.[30]

Computer algorithms have also played a role in detecting forgeries, or refuting allegations of forgery, most prominently in the work of Professor Moshe Koppel. Some of this work has been featured in the Seforim Blog.[31] Hopefully, this software will be further refined to shed light on additional works that have been accused of being forged, to supplement the traditional tools used for proving authenticity on the one hand, and uncovering forgeries on the other.

[1] Thanks to Eliezer Brodt for reviewing and providing very helpful comments on this piece. I’d also like to thank my father for looking over a previous version of this blog post.

[2] Cécile Michel, Michael Friedrich (eds.), Fakes and Forgeries of Written Artefacts from Ancient Mesopotamia to Modern China (De Gruyter 2020), p. 1. See further bibliography in footnote there.

[3] However, Rashbam there gives a different explanation of the passage. He interprets that it’s not saying anything about deception. Rather, it’s simply giving advice that if you want people to listen to what you have to say, you should study from a master, so that you can then (correctly) quote him. The term “choke” is used simply because the term “high tree” is used.

For a wide-ranging discussion of sources discussing the interpretation of this passage, see Marc Shapiro, Changing the Immutable, pp. 259-261.

[4] See נחום רקובר, זכות היוצרים במקורות היהודיים, תשנ”א, עמ’ 25-36.

See also Shapiro, Changing the Immutable, and bibliography there.

[5] “Historical Research and Forgeries in the Age of Nationalism: The Case of the Russian Empire Between Jews and Russians”, East European Jewish Affairs 48. 2 (2018): 101 – 102.

For a general article on Jewish forgeries, see Cecil Roth, “Forgeries”, Encyclopedia Judaica, 1st edition (1972), pp. 125-126.

[6] In general, Ahiezer ibid. states on p. 110: “Due to the vastness of the topic, it is impossible to provide an exhaustive treatment of Jewish ahistorical writing and forgeries in this article.”

[7] Grafton, Forgers and Critics: Creativity and Duplicity in Western Scholarship, 2019 (2nd edition).

[8] Robinson, “Literary Forgery and Hasidic Judaism: The Case of Rabbi Yudel Rosenberg”, Judaism, 40 (1991), pp. 61-62.

[9] I’d like to thank Eliezer Brodt for raising this point in private communication.
[10] See Hillel, משה הלל, מגילות קוצין: בין דברי גד החוזהלאגרת רבן יוחנן בן זכאי“, על עמנואל יעקב ואן דורט וחיבוריו הבדויים (תשע”ח).
[11] See משה פלאי, “יצחק סאטאנוב ושאלת הזיוף בספרות“, קרית ספר נד תש”ם, עמ’ 817-824 ; בנימין ש’ המבורגר, “האם ניתן לסמוך על יצחק סאטאנוב?“, המעין, גליון טבת תשס”ט, עמ’ 86-91. here
[12] Previous Seforim Blog posts: 2006 ; Rabinowitz and Brodt 2010 ; Shaprio 2007 ; Brodt 2019 ; Maimon 2020. See bibliographies here נריה גוטל, ‏יחסו של הראיה קוק לספר בשמים ראש” “, JSIJ‏ 5, 2006, הערה 4 ; ר’ אליעזר יהודה בראדט, “ציונים ומילואים למדור נטעי סופרים“, ישורון כד (ניסן תשע”א), עמ’ תכה, והערה 5 (עמ’ תכה-תכז).

To those bibliographies can be added: Talya Fishman, “Forging Jewish Memory: Besamim Rosh and the Invention of Pre-Emancipation Jewish Culture,” in Jewish History and Jewish Memory, ed. by Elisheva Carlebach et. al (1998), pp. 70-88; Emile G. L. Schrijver, “Saul Of Berlin’s “Besamim Rosh” : The Maskilic Appreciation Of Medieval Knowledge”, Sepharad in Ashkenaz, Ed. by Resianne Fontaine et. al (2007), pp. 249-259.
[13]  Meir Lamed, “Fischer”, Encyclopedia Judaica, 2nd edition (2007); Meir Lamed, “Lieben, Salomon Hugo”, Encyclopedia Judaica, 2nd edition (2007); Iveta Cermanová, “The Ramschak Chronicle: New Findings about the Genesis, Reception and Impacts of the Forgery”, Judaica Bohemiae 52/2 (2017), pp. 33-67 ; Ahiezer (2018), p. 111 ; E. Randol Schoenberg, Who was the first Ramschak? | Schoenblog.com (February 5, 2021).
[14] Golda Akhiezer, Encyclopedia Judaica, 2nd ed. (2007), “Sultansky, Mordecai Ben Joseph”; גולדה אחיעזר, “מרדכי סולטנסקיקווים לדמותו וכתיבתו ההיסטורית“, קראי מזרח אירופה בדורות האחרונים: ד’ שפירא, ד’ לסקר (עורכים), מכון בן-צבי, ירושלים 2011, עמ’ 170–196; Akhiezer (2018), p. 105.
[15] See the many articles by Dan Shapira, most recently Michael Nosonovsky, Dan Shapira, and Daria Vasyutinsky-Shapira, “Not by Firkowicz’s Fault: Daniel Chwolson’s Comic Blunders in Research of Hebrew Epigraphy of the Crimea and Caucasus, and their Impact on Jewish Studies in Russia,” Acta Orientalia Hung., vol. 73, no. 4 (2020): 633-668, footnote 1, and his two-part popular article in Tablet Magazine in June 2021: “Inventing the Karaites” and “Forging History”. See also: Roth (1972); Haggai Ben-Shammai, “Abraham Firkovich”, Encyclopedia Judaica 2nd ed. (2007); Artem Fedorchuk, “New findings relating to hebrew epigraphic sources from the Crimea,with an appendix on the readings in king Joseph’s letter”, The World of the Khazars: New Perspectives (2007) pp. 109-122; Ahiezer (2018), p. 110 and footnote 40; Malachi Beit-Arié, Supplement: The Forgery of Colophons and Ownership of Hebrew Codices and Scrolls by Abraham Firkowicz, Fakes and Forgeries of Written Artefacts from Ancient Mesopotamia to Modern China (2020), pp.195-206; Yosef Ofer, “Two dedicatory inscriptions in manuscripts of Scripture and the question of their authenticity”, Journal of Jewish Studies (2020).
[16] See here, גרשם שלום, “סשבילי דירושלם המיוחס לריצחק חילומזוייף“, ציון ט, תרצ”ד, עמ’ לט–נג; מיכאל איש-שלום, “על שבילי דירושליםלריצחק בריוסף חילו“, תרביץ כרך ו’, טבת תרצ”ה, עמ’ 197–209; Roth 1972.
[17] Previous Seforim Blog posts: Shapiro 2007a ; Shapiro 2007b ; Shapiro 2008 ; Shapiro 2010. Roth 1972.
[18] Roth 1972; מאיר בר-אילן, “נפלאות ריהודה יודיל רוזנברג“, עלי ספר, יט, תשס”א, עמ’ 178-176, הערה 20.
[19] Previous Seforim Blog posts: 2006 ; Leiman 2010 ; Shapiro 2012 ; Brodt 2013 ; Shapiro 2022. Ira Robinson, “Literary Forgery and Hasidic Judaism: The Case of Rabbi Yudel Rosenberg”, Judaism, 40 (1991), pp. 61-78; Shnayer Leiman, “The Adventure of the Maharal Of Prague in London: R. Yudl Rosenberg and the Golem Of Prague” in Tradition 36:1 (2002), pp. 26-58; א. בנדיקט , “הגדת מהר”ל או אגדת מהר”ל”, מוריה, יד, גליון ג-ד, תשמ”ה, עמ’ קב-קיג; הרב שלמה פישר, “אל תשכן באלהיך עולה“, צפונות ג ניסן תשמ”ד, עמ’ סט; מאיר בר-אילן, “נפלאות ריהודה יודיל רוזנברג“, עלי ספר, יט, תשס”א, עמ’ 178-176; “זיופים וזייפנים” (2013) – פורום אוצר החכמה. ere
[20] Previous Seforim Blog post: 2007 . See bibliography here, ר’ אליעזר יהודה בראדט, “ציונים ומילואים למדור ‘נטעי סופרים’ “, ישורון כד (ניסן תשעא), עמ’ תנד-תנה. See especially R’ Boruch Oberlander’s series of articles in the journal Or Yisra’el . And see also this 2016 article on an unpublished manuscript of Yerushalmi Menahot that should be ascribed to Friedlander, אביעד ברטוב, “ליקוטים מאוחרים לירושלמימסדר קדשים“, נטועים כ (תשע”ו), עמ’ 221. here
[21] Previous Seforim blog posts: Leiman 2010 ; Koppel 2011. Ahiezer (2018), p. 110 and footnote 5.
[22] Previous Seforim Blog posts: Shapiro 2007b ; Leiman 2010 ; Shapiro 2010. See גרשם שלום, “קובץ מכתבים מקוריים”, קרית ספר א, i (1924-5), pp. 104-106; הרב יוסף תבורי, “שפוך חמתך: משמעותו וניסיונות לשנותו”, כרמי של, בעריכת נחם אילן ועוד, (2012), עמ’ 213-221; “שפוך אהבתך על הגויים‘… – זיוף משונה“, פורום אוצר החכמה (2012); “משמת הגרדצ הילמן זצל בטלו אשכולות“, פורום אוצר החכמה (2011) ; Alan Brill, Pour out thy Love Upon the Nations and Miriam at the Seder-Updated”, The Book of Doctrines and Opinions (March 23, 2010); “Fifty Shades of Greatness: The Archive of Rabbi Chaim Bloch (1881-1973) and his colorful personality”, Musings of a Jewish Bookseller (October 17, 2018); R’ David Golinkin, “Dressing as Elijah & Pouring Out Love”, My Jewish Learning.
[23] עמונאל אטקס, “הגאון מווילנה ותלמידיו כציונים הראשונים‘ – גלגוליו של מיתוס“, ציון פ,א (תשע”ה), ע’ 69-114; הנ”ל, הציונות המשיחית של הגאון מווילנה: המצאתה של מסורת (תשע”ט); יוסף אביב”י, “קול התור – דור אחר דור”, מכילתא א (תש”פ), עמ’ 159–336.

Summary at Avivi’s blog קול התור דור אחר דור.

See also the lengthy and detailed thread on Avivi’s article in Otzar HaChochma forum, עליית תלמידי הגרא גירסת רשז ריבלין עמוד 42 – פורום אוצר החכמה: and המאמר על קול התור תשובות והוספות פורום אוצר החכמה.

And see Allan Nadler’s review of Etkes’s and Avivi’s work, “Like Dreamers”, in Jewish Review of Books, Winter 2021, pp. 15-18 (thanks to Eliezer Brodt for pointing out this article).

[25] Compare also Yosef Perl’s famous Megaleh Temirin. This a collection letters ostensibly written by Hasidim, and which is clearly a satire. Wikipedia describes it as follows: “Megalleh Temirin is an anti-Hasidic satirical composition written by Yosef Perl in 1819 as a parodic novel of letters between Hasidim, which became a symbol of the battles of the Jewish Enlightenment movement against the Hasidic movement.” This work was put out in a scientific edition by Jonathan Meir, available on Kotar, with additional volumes of appendices and studies.

[26] Moshe Pelli (משה פלאי, “יצחק סאטאנוב ושאלת הזיוף בספרות“, קרית ספר נד תש”ם, עמ’ 817-824) p. 822, footnote 31 who agrees with Zinberg that the haskamot themselves are most likely written by Satanow. Haskamot being forged by Satanov is also mentioned by Hamburger in his article on Satanow (בנימין ש’ המבורגר, “האם ניתן לסמוך על יצחק סאטאנוב?“, המעין, גליון טבת תשס”ט, עמ’ 86-91), p. 87 footnote 11, citing Encyclopedia Hebraica.

[27] Rakover, pp. 29-31.

[28] Pelli, p. 817 footnote 2.

[29]  ר’ משה הלל, מגילות קוצין.

See also Otzar Hahochma forum (July 2021 and on), חדש מאת רמ הלל מגילות קוצין | גד החוזה או פלוני ההוזה? – עמוד 2 – פורום אוצר החכמה.

See there the attached PDF of Bar-Ilan’s response (March 2022), with a discussion.

[30] ר‘ משה הלל, חזון טברימון: תעודות מזויפות מבית היוצר של האחים טולידאנו מטבריה (תשפ”ב).

See Eliezer Brodt’s Seforim Blog post (March 2, 2022): Book Announcements: Five recent works – the Seforim Blog.

[31] For example, see Moshe Schorr, Who Wrote the Late Volumes of Igrot Moshe? – The Seforim Blog (January 20, 2019).See also his work on Genizat Herson (cited in Koppel’s Seforim Blog blogpost, footnote 7):

מ. קופל, “זיהוי מחברים בשיטות ממוחשבות: “גניזת חרסון””, ישורון כג (אלול ה’תש”ע), תקנט-תקסו.

Koppel’s program has also been used to indicate that Ben Ish Hai is the author of Shu”t Torah LiShmah, see Brodt here, item #33.

Not directly related, but see the announcement of exciting progress on Dicta, a suite of digital tools for traditional Hebrew texts spearheaded by Koppel, reported recently in the Jerusalem Post (August 4, 2022) : New AI technology hopes to change everything we know about Jewish texts – The Jerusalem Post




Evening Prayer Revisited

Evening
Prayer Revisited
Chaim
Sunitsky
There is a dispute in
Tamud Bavli (Brachot 4b) as to whether one should say Shma with Brachot
before or after Shmone Esre during the evening prayer. The opinion of R.
Yohanan is that Shma is said first while the opinion of R. Yehoshua ben Levi is
that Shmone Esre is said before the Shma. Moreover, while R. Yohanan holds that
Shma is followed by Shmone Esre immediately, according to R. Yehoshua ben Levi
Shmone Esre can be recited separately and Shma with its blessings does not have
to follow immediately after. The practice of all Jews today is to follow R.
Yochanan.
Most Rishonim[1] and
the Shulchan Aruch rule like R. Yohanan and indeed this seems to be the opinion
of the Babylonian Talmud. This is called being “Somech Geula leTefila”, meaning
the blessing of Gaal Yisrael (Who Redeemed Israel) is recited immediately
before the Shmone Esre.   At first sight
it seems that the last blessing after evening Shma (Hashkivenu – let us go to
sleep) only makes sense according to R. Yehoshua ben Levi. Indeed, Talmud Bavli
(ibid) asks how the blessing of Hashkivenu would not be considered an
interruption between Geula and Tefila according to R. Yochanan? It answers that
it is considered “long Geula” (or continuation of the Geula). Our thesis is
that in Palestine in Talmudic times, the opinion of R. Yehoshua ben Levi was
the more accepted shita and moreover that they used to say Hashkivenu as the
last blessing before going to sleep (as we say Hamapil[2]).
Rashi (Brachot
2a) brings in the name of Talmud Yerushlami: Why do we say Shma in the
synagogue in the evening, even though this is done before[3] the
earliest time to fulfil the obligation? It answers that we do this  כדי לעמוד בתפלה
מתוך דברי תורה
While it seems from
Rashi that they said Shma with the blessings before Shmone Esre[4], the Tosafot
(ibid) in the name of R. Tam[5] says that
they used to simply recite Shma without blessings before Maariv, just like we
say Ashre before Mincha. Later on they would say Shma with the blessings
following R. Yehoshua ben Levi.  Indeed
the sugia further in the same Yerushalmi (1:1) supports this interpretation entirely[6]:
מילתיה אמרה שאין אמר דברים
אחר אמת ויציב מילתיה דרבי שמואל בר נחמני אמר כן רבי שמואל בר נחמני כד הוה נחית
לעיבורה הוה מקבל רבי יעקב גרוסה והוה רבי זעירא מטמר ביני קופייא משמענא היך הוה
קרי שמע והוה קרי וחזר וקרי עד דהו’ שקע מיניה גו שינתיה ומאי טעמא רבי אחא ור’
תחליפא חמוי בשם רבי שמואל בר נחמן רגזו ואל תחטאו אמרו בלבבכם על משכבכם ודומו
סלה מילתיה דר’ יהושע בן לוי פליגא דרבי יהושע בן לוי קרי מזמורים בתרה …
It discusses if it’s
permitted to speak after one already said the blessings after evening Shma[7]. It
mentions R. Yakov Grosa used to not speak after he said Shma with blessings,
and then mentions R. Yehoshua ben Levi[8] who
used to still say various psalms afterwards[9]. 
From the Yerushalmi it
seems that most people used to say Shmone Esre during the daytime, and later
ate their meal[10]
and laid down to sleep[11] saying
the evening Shma with blessings.[12]
We can also explain from
here how the shita of Bet Shamai regarding saying evening Shma while laying
down could have developed. It is unlikely that Shma in the evening was
pronounced in normal position and then in some generation Bet Shamai suddenly
ruled that one has to literally lie down to say it. A more likely scenario is
that it was the norm to recite the evening Shma while lying down and the
dispute of Bet Hillel and Bet Shamai arose as to whether this is the
requirement or is merely done for convenience so as to not interrupt and fall
asleep immediately.
Another obscure shita
we can now explain is in Zohar Hadash (Bereshit 17d in Mosad HaRav Kook
edition
). It mentions that the idea of praying with “redness of the sun”
applies to Maariv, not Mincha[13] like
our Talmud (Brachot 29b). In light of the shita of R. Yeshoshua ben Levi
we can understand this. It seems the ideal time for Maariv according to this
was around sundown. However one cannot fulfill the mitzvah of Shma at this
time. It is also interesting that in Tosefta (Brachot, 3:2) the opinion
of R. Yossi is mentioned that Maariv should be recited at the time of “Neilat
Shearim”.
In conclusion, it seems
that there were some communities where the norm was to recite Shmone Esre of the
evening prayer before Shma with blessings, and these communities apparently
recited the last blessing of Shma (Hashkivenu) in place of our Hamapil.


[1] I am currently unaware of any Rishon that paskened not like R. Yohanan, however
the Meiri writes that “majority” pasken like R. Yohanan, so there must have
been some who did not.
[2] Indeed Yerushlami does not mention the blessing of Hamapil, but it seems they
used to say Hashkiveinu as the last Bracha and fall asleep afterwards. It’s
interesting that our siddurim added Hashkivenu without Hatima at the Seder of
going to sleep even though in reality for us this brocha is not necessary since
we have Hamapil.
[3] It was normal to say the evening Shmone Esre in Eretz Yisrael during day time,
before stars come out (possibly because of the danger to go outside at night as
their synagogues were outside of the city).
[4] As many do today when praying early Maariv.
[5] See also Rosh (Brachot 1:1) and Korban Netaniel (10).
[6] See the commentaries from Baal Sefer Haredim and R. Chaim Kanievky.
It’s possible that Rashi did not see this whole sugia in Yerushlami but only
saw a quote of it in a Gaonic source. In general regarding use of Yerushalmi in
Rashi, see Saul Lieberman’s letter to Solomon Zeitlin published at the end of Saul
Lieberman and the Orthodox
by R. Marc Shapiro, see also the discussion from
Homat Yerushalaim printed in the beginning of standard Yerushalmi
editions.
[7] The Yerushalmi calls the blessing after “Emet Veyatziv” as this was their
Nusach, but our Nusach in the evening is “Emet Veemuna”.
[8] Of course R. Yehoshua ben Levi followed his own shita and said Shma with
Brachot after Shmone Esre. Note that the same sugia before in Yerushalmi also
discusses whether it’s permitted to speak after “Emet Veyatziv”. It continues
with והא תני אין אומר דברים אחד אמת ויציב פתר לה באמת ויציב של שחרית.
[9] This is mentioned in our Talmud (Shevuot 16b) as well.
[10] And the prohibition of eating before Shma did not apply since they read Shma
already even though they did not fulfill their obligation or because they were
eating before the time of Shma arrived.
[11] For
those who did not immediately go to sleep, the Yerushalmi (ibid) indeed
mentions that they should recite Shma (with blessings) before midnight.
[12] Interestingly even at later times when many communities had a custom to say the
evening prayer early, some people recited Shma without Brachot. R. Hai Gaon (Tshuvot
Hagaonim Hahadashot – Emanuel
, 93; this tshuva is brought in Rosh
1:1 and Bet Yosef 235) suggests that the one who is found in such a
congregation should only say Shma without blessings and pray Shmone Esre
together with them, but later one say Shma with Brachot.
[13] Indeed the Talmud there states that in Palestine they cursed the one who prays
Mincha so close to sundown as it may lead to missing the time. Obviously this
does not apply to Maariv for which there is plenty of time afterwards.



Avunculate Marriage in the Bible

Avunculate Marriage in the Bible

By Reuven Chaim (Rudolph) Klein
Rabbi Reuven Chaim Klein is the author of the Lashon HaKodesh: History, Holiness, & Hebrew [available here]. His book is available online and in bookstores throughout the world. Rabbi Klein published articles in various journals including Jewish Bible Quarterly, Kovetz Hamaor, Kovetz Chitzei Gibborim, and Kovetz Kol HaTorah. He studied at premier Yeshivas including the Mir in Jerusalem and BMG in Lakewood. He was most recently a fellow at the Tikvah Institute for Yeshiva Men (Summer 2015) and lives with his wife and children in Beitar Illit, Israel.
Anyone who has a copy of the first edition of his book on Lashon HaKodesh is eligible to receive a PDF of the “Additions and Corrections” section of the new edition. Please send requests directly to the author at: historyofhebrew@gmail.com

The term “avunculate marriage” refers to marriage between a man and his niece. In this paper, we will explore the Bible’s view on the permissibility of such unions, and discuss several examples of such marriages in the Bible. Not only does rabbinic literature generally presume that such marriages are permitted, the Talmud even encourages it. On the other hand, other sources ban these relationships. The Sadducees believe that the Bible forbids such marriages. While various Tosafists believe that such marriages are Biblically permitted, they still prohibit marrying one’s niece (at least in some cases) for other reasons.

Abraham & Nahor marry their nieces

Upon close examination, one will find that at least six Biblical personalities married their nieces. Each of these cases can and are interpreted in various ways; calling into question their relevance to our discussion. However, the mere fact that tradition allows for these sorts of interpretations shows that avunculate marriage is compatible with Biblical tradition, and constitutes a legitimate building block in the institution of the Jewish family.

The first two examples of avunculate marriages in the Bible are those between Abraham and Nahor and their respective nieces. The Torah says:

And Terah lived seventy years, and begot Abram, Nahor, and Haran. Now these are the generations of Terah: Terah begot Abram, Nahor, and Haran; and Haran begot Lot. And Haran died in the presence of his father Terah in the land of his nativity, in Ur of the Chaldees. And Abram and Nahor took them wives: the name of Abram’s wife was Sarai; and the name of Nahor’s wife, Milcah, the daughter of Haran, the father of Milcah, and the father of Iscah. (Gen. 11:26–29)

This passage records that Abram (i.e. Abraham), Nahor, and Haran were brothers. Nahor married Milcah, the daughter of Haran; and Abraham married Sarai. According to an ancient tradition preserved in rabbinic sources (Seder Olam Ch. 2; TB Megillah 14a; and TB Sanhedrin 69b) and by Josephus (Antiquities of the Jews Book I, Ch. 6), another name for Sarai is Iscah. The assertion that Sarai is the same person as Iscah is supported by the fact that the Torah provides the paternity of Nahor’s wife Milcah, yet does not mention the paternity of Abraham’s wife Sarai. Given that the Torah delineates one wife’s father, we would have expected it to mention the father of the other wife as well. This difficulty can be resolved if we assume that Sarai is Iscah, since the Torah states that Haran was the father of Iscah.[1]

If we assume that the Haran who is mentioned as Abraham and Nahor’s father-in-law is the same person as their brother Haran, and that Sarai is Iscah, then this passage records two instances of avunculate marriages: Nahor married his niece Milcah and Abraham married his niece Iscah/Sarai. However, it is debatable whether Nahor and Abraham’s marriages to Milcah and Sarai were truly avunculate marriages. In order to claim that they were, one must rely on two assumptions, both of which are subject to dispute. Firstly, Ibn Ezra (to Gen. 11:29) expresses skepticism regarding the identification of Iscah with Sarai.[2] Secondly, even if Iscah is Sarai, some commentators (including Abarbanel(Gen. 11) and the Medieval work Moshav Zeqenim[3]) understand that the Bible refers to two different men named Haran. One was a brother to Abraham and Nahor (and father of Lot); while the other was the father of Iscah/Sarai and Milcah.[4] Accordingly, there is no clear consensus on whether Abraham and Nahor married their nieces.

Dinah’s daughter

Later in Genesis, the Bible relates that when Joseph was the Egyptian viceroy, he married Osnath daughter of Poti-Phera (Gen. 41:45). According to many Midrashic sources (Pirkei D’Rabbi Eliezer Ch. 38; Masekhet Sofrim 21:9; and Targum Pseudo-Jonathan to Gen. 41:45(, Osnath was none other than the daughter of Dinah (Jacob’s daughter) and her rapist, Shechem. This “illegitimate” child was initially shunned by Jacob’s family, but eventually found her way back in by marrying Joseph. Thus, Joseph’s wife Osnath was his niece, the daughter of his sister Dinah. Although others understand that Osnath was actually an Egyptian woman,[5] the Midrashic sources above reject the notion that Joseph would marry a non-Israelite woman.
Similarly, Rabbeinu Hayyim Paltiel quotes a Midrash[6] which says that Simeon married the daughter of Dinah who was born by rape through Shechem.[7] According to this Midrash (which is probably mutually exclusive with the above mentioned sources), Simeon married his niece, the daughter of his sister Dinah.
These examples differ from the others under consideration because these are the only explicit examples of a man marrying his sororal niece (i.e. his sister’s daughter). All the other examples involve a man marrying his fraternal niece (i.e. his brother’s daughter).

Uziel and Miriam

Amram had three children: Miriam, Aaron, and Moses. The Bible records the marriages of both of Amram’s sons: Moses married Zippora daughter of Jethro (Ex. 2:21), and Aaron married Eliseba daughter of Amminadab (Ex. 6:23). However, the Bible does not tell us about the family of Amram’s daughter Miriam.

Rabbinic literature states that she married Caleb (Exodus Rabbah §1:17; Sifrei, Beha’alothkha §78; and TB Sotah 11b–12a). However, according to the apocryphal work The Testament of Amram found amongst the Dead Sea Scrolls at Qumran (4Q543, 4Q549), Amram gave his daughter Miriam to his younger brother Uzziel to wed. That work understands that the sons of Uzziel listed in the Bible (Ex. 6:22) were born to his wife Miriam. Thus, that work believed that Uzziel married his brother’s daughter Miriam.

Othniel and Achsa

As related in the book of Joshua (15:16–17) and in the opening chapter of Judges (1:12–13), Caleb offered his daughter Achsa to whoever could conquer the Canaanite stronghold at Kiriath Sepher: “And Othniel the son of Kenaz, Caleb’s younger brother, took it; and he [Caleb] gave him [Othniel] Achsah his daughter to wife.” Othniel succeeded in conquering the city and thus won the hand of his brother’s daughter Achsa in marriage. Most assume that Othniel was Caleb’s full brother, although some explain that they shared only a mother, not a father.[8]
R. Ishtori ha-Parhi (1280-1366), the foremost Rabbinic topographer of the Medieval period, writes (Kaftor Va-Fereh Ch. 5) that the Sadducees consider themselves more pious than Rabbinic Jews because they forbid one to marry his brother’s daughter. Then, ha-Parhi cites this case as a Biblical precedent for allowing such marriages. Nonetheless, ha-Parhi notes that the case of Othniel only proves that one may marry the daughter of his maternal brother but does not necessarily prove that one can marry the daughter of his paternal siblings.

Elimelech and Naomi

There is a Talmudic discussion (TB Bava Bathra 91a) regarding the Book of Ruth which explains the relationships between its major players. It asserts that Elimelech (Naomi’s husband), Salmon (Boaz’s father), the anonymous relative who refused to redeem Naomi’s field, and Naomi’s father were all sons of Nahshon ben Amminadab. According to this understanding, Elimelech married his brother’s daughter—Naomi.

However, the Midrash (Ruth Rabbah §6:3) presents a dissenting view that Elimelech was a son of Salmon (and brother to Boaz). According to this understanding, Naomi was not Elimelech’s niece but his first cousin.

Mordecai and Esther

The Talmud (TB Megillah 13a) relates that Mordecai not only raised the orphaned Esther, but he also married her. Furthermore, some sources, including Josephus in Antiquities (Book XI, Ch. 6), Targum Rishon (to Est. 7:6),[9] and the Vulgate (Est. 2:7) explain that Esther was Mordecai’s niece. Ibn Ezra (to Est. 8:1) and Maimonides (there)[10] also repeat that claim. Together, these two ideas indicate that Mordecai married his niece. Nonetheless, this understanding is simply mistaken as the Bible quite explicitly states that she was his first cousin, not his niece: And he brought up Hadassah, that is, Esther, his uncle’s daughter… (Est. 2:7) and Now when the turn of Esther, the daughter of Abihail the uncle of Mordecai… (Est. 2:15).

The Talmud encourages marrying one’s niece

The prophet Isaiah tells of several acts of kindness that a man can perform that would prompt God to answer his prayers. He says:
Is it not to deal thy bread to the hungry, and that thou bring the
poor that are cast out to thy house? when thou seest the naked, that thou cover
him, and that thou hide not thyself from thine own flesh? Then shall thy light
break forth as the morning, and thy healing shall spring forth speedily; and
thy righteousness shall go before thee, the glory of the LORD shall be thy
reward. Then shalt thou call, and the LORD will answer; thou shalt cry, and He
will say: ‘Here I am.’…
(Is. 58:7–9)
When explaining these “good deeds” in practical terms, the Talmud (TB Yevamot 62b–63a) notes that and that thou hide not thyself from thine own flesh refers to a man who marries his sister’s daughter. While there is a controversy among the commentators concerning whether the Talmud only means one’s sororal niece or even his fraternal niece, it is clear that the Talmud encourages a man to marry his niece. Similarly, the Tosefta (Kiddushin 1:2) teaches, “A man should not marry a woman until his sororal niece comes of age [so that he can marry her], or until he finds [another woman equally fitting for him.”

Only Sororal niece, or even fraternal niece?

There are two approaches among the earlier commentators in how to understand the Talmud’s endorsement of marrying one’s niece. Rashi understands that the Talmud only endorses marrying one’s sororal niece. He explains that this act is considered particularly kind, because a man has a certain longing for his sister (more so than for his brother). Thus, by marrying her daughter, he will insure that his wife will be especially cherished.

However, the Tosafists (Tosafot to TB Yevamot 62b) quote in the name of Rashi’s grandson Rashbam that the Talmud’s endorsement also applies to one’s fraternal niece, not just to a sororal niece. He explains that the Talmud specifically mentions marrying a sororal niece simply because it is more common that a man’s sister will convince him to marry her daughter than it is for his brother to do so.

Nonetheless, Rabbeinu Tam disagrees with this assertion and instead maintains that the Talmud only means that one should marry his sororal niece. There are two modes of justifications given for this approach: Firstly, one’s sororal niece is similar to her uncle, as the Rabbis say, “Most children are similar to the brothers of their mother” (TB Baba Bathra 110a, Sofrim 15:10). This similarity between the two will ensure a stronger marriage, and that is precisely what the Talmud means to endorse.

Furthermore, the Tosafists quote in the name of Rivan (a son-in-law of Rashi and uncle to Rabbeinu Tam and Rashbam) that it is actually forbidden to marry one’s fraternal niece, so the Talmud must only have endorsed marrying one’s sororal niece. They explain that according to the rules of the Levirate marriage (mentioned in Deut. 25:5–10), a man (A) is commanded to marry the widow of his brother (B), if B dies childless. However, the Mishnah teaches (Yevamot 1:1) that if the widow is A’s daughter, then A is exempt from that commandment, because a man may not marry his own daughter. Thus, the Rabbis forbid a man (B) from marrying his niece (A’s daughter) so as to prevent a situation where the commandment of Levirate marriage will be abolished. This rabbinic ban on marrying one’s fraternal niece proves that the Talmud’s endorsement of marrying one’s niece only applies to a sororal niece.[11]
Nonetheless, this proof is incomplete because there are situations where there is no clash with the rules of the Levirate marriage. For example, if A is already deceased (and therefore anyways unable to perform the Levirate marriage), then B should be allowed to marry his daughter. Or if A is only B’s maternal brother, but not paternal brother (and therefore is not allowed to marry B’s widow even if she was not his daughter see TB Yevamot 17b), then he should be allowed to marry A’s daughter. Accordingly, one can argue that in these situations, the Talmud endorses marrying even one’s fraternal niece. This is especially compelling in light of ha-Parhi’s above mentioned proof-text from Othniel, which shows that one is allowed to marry his maternal brother’s daughter.
In short, Rabbeinu Tam—in agreement with his grandfather Rashi—understands that the Talmud only endorses marrying one’s sororal niece, but actually forbids marrying one’s fraternal niece. Rabbi Betzalel Ashkenazi (1520–1592) testifies that this is also the opinion[12] of the non-yet-extant Tosafot Shantz to the Talmudic Tractate Gittin.[13]In his commentary to the Bible, the ‎Alsatian sage R. Yohanan Luria (1440–1514) also follows Rabbeinu Tam’s view.[14]
However, Maimonides (in his commentary to the Mishnah Nedarim 8:5 and in his Laws of Sexual Prohibitions, end of ch. 2) understands that the Talmud does not mention one’s sororal niece to the exclusion of his fraternal niece. He thus rules that is considered a Mitzvah for a man to marry either his sororal or fraternal niece.[15] R. Meir Abulafia (1170–1244) writes (Yad Ramah to TB Sanhedrin 76b) that marrying one’s niece is considered commendable because she is the closest relative that a man is allowed to marry. He thus follows his older contemporary Maimonides in offering no distinction between a sororal niece and fraternal niece (because the degree of kinship to both is the same). Nonetheless, he notes that the Talmud mentioned one’s sister’s daughter in specific simply because marrying her is even more commendable. By doing so, he is performing an act of kindness towards his sister, who might otherwise have difficulty marrying off her daughter.[16]
R. Moses Isserles (1520–1572) settles the matter by ruling in accordance with the view of Maimonides and Rashbam that one should marry his sororal or fraternal niece (see his glosses to the Shulhan Aruch, Even Ha’Ezer §2:6; 15:25).

The Rabbinic View regarding Forbidden Relationships

Rabbinic Judaism extends the meanings of the Biblical passages (Lev. 18 and 20) which delineate forbidden relationships. They note that the Torah spoke of the incest laws from the man’s point of reference, but the laws apply equally to a woman. Thus, the Rabbis understand that all incestuous relationships mentioned in the Bible are forbidden to both the man and the woman involved (TB Yevamot 84b). However, the Rabbis do not add more forbidden relationships than those listed by the Bible; they only say that both parties are culpable. The Sadducees, on the other hand, add cases to the Bible’s list and forbid more cases of the same types of relationship. In this, the Rabbis understand the Bible’s meaning differently than the Sadducees and remain more faithful to the text of the Torah than did they.

The Sadducee View Regarding Forbidden Relationships

A Sadducean work found by Solomon Schechter at the Cairo Geniza criticizes those who marry their brother or sister’s daughter. This work reasons that since according to Mosaic law, a man is not allowed to marry his mother’s sister because she is his mother’s flesh (Lev. 18:13), a woman is also not allowed to marry her parents’ brother. The rationale for such an extension of the Biblical law is that the Torah does not simply list forbidden cases of incest, it lists forbidden categories of relationships. These relationships are determined by degree of kinship, without regard for gender. Thus, if a man is forbidden to his parents’ sister, the same prohibition says that a woman is forbidden to her parents’ brother because the degree of kinship—in this case, parent’s sibling—is the same.[17]
A copy of this document, now known as the Damascus Document, was also found among the Dead Sea Scrolls at Qumran (4Q270). It contains a condemnation of those men who marry their brothers’ daughters (although that particular source omits the prohibition of one’s sister’s daughter). A legal scroll found at Qumran known as Midrash Mishpatim (4Q251) contains a list of the Biblical prohibitions of incest, and includes a man marrying his brother’s or sister’s daughter. Another important document from Qumran known as the Temple Scroll (11Q19) [18] also forbids marrying one’s brother’s or sister’s daughter.[19]
Case
#:
The Bible
(Lev. 18 and 20) forbids a man from marrying his…
The Rabbis
say that this also means that a woman maynot marry her…
The Sadducees
would say that this also means that one maynot marry his/her…
Sadducean
approach is redundant because it is already included in case #/New case:
1
Mother
Son
Daughter/Father
(13)
2
Sister
Brother
n/a
n/a
3
Father’s wife
Husband’s son
Wife’s
daughter/Mother’s husband
9
4
Granddaughter
Grandfather
Grandmother/Grandson
NEW
5
Parent’s
sister
Siblings’ son
Niece/Parent’s
brother
NEW
6
Father’s
paternal-brother’s wife
Husband’s
paternal-brother’s son
Wife’s
paternal-sister’s daughter/Parent’s paternal-sister’s husband, Mother’s paternal-brother’s
wife/Husband’s paternal-brother’s son
NEW (2
scenarios)
7
Daughter-in-law
Father-in-law
Mother-in-law/Son-in-law
12
8
Brother’s
wife
Husband’s
brother
Wife’s
sister/Sister’s husband
11
9
Wife’s
daughter
Mother’s
husband
Father’s
wife/Husband’s son
3
10
Wife’s
granddaughter
Grandmother’s
husband
Grandfather’s
wife/Husband’s grandson
NEW
11
Wife’s sister
Sister’s
husband
Brother’s
wife/Husband’s brother
8
12
Mother-in-law
Son-in-law
Daughter-in-law/Father-in-law
7
13
Daughter (see
fn. 22)
Father
n/a
n/a

The Sadducean method of interpretation creates three pairs of redundancies in the Bible’s list (Cases 3, 7, 8, 9, 11, and 12) and also creates four new cases of incest which are not mentioned in the Bible, in addition to marrying one’s niece (Cases 4, 6, two scenarios, 10).

These two points demonstrate the weakness of the Sadducean approach. The method of interpretation used to justify including one’s niece in the Biblical prohibition against marrying one’s aunt would create a series of redundancies in the other listed cases of incest. Furthermore, according to the Sadducean methodology of Biblical interpretation, four other relationships should be classified as incestuous (in addition to marrying one’s niece). However, the Sadducees are inconsistent in that they explicitly mention their added prohibition against marrying one’s niece but fail to account for the other new cases of incest which their methodology creates.[20]

In fact, Saul Lieberman argues that the Rabbis classified marrying one’s niece as a positive deed specifically in order to counter the Sadducean view that marrying one’s niece is Biblically forbidden. He notes it is the Rabbis’ way to take things which are simply “allowed” by the Bible and encourage people to do them in order to undermine sectarian heretical views.[21]
Interestingly, in his abovementioned work, ha-Parhi notes that the Sadducees were not innovators in banning marriage to a niece: They adopted the prohibition from the Samaritans, who took the idea from the Arabs.[22] Later, the Karaites also followed suit and outlawed uncle-niece marriage.[23]

R. Yehuda Ha-Hassid’s view

The 12th century German leader of the Hassidei Ashkenaz movement, R. Judah Ha-Hassid, declares that one should not marry his niece, neither sororal nor fraternal (in his ethical will §22 and in Sefer Hassidim §477). However, his understanding of this prohibition clearly differs from the Sadducean approach. The Sadducees understood that the Bible itself prohibits marrying one’s niece, while Ha-Hassid does not. As a follower of Rabbinic tradition, Ha-Hassid must comply with Talmudic law, yet his mention of a prohibition against marrying one’s niece is clearly at odds with the Rabbinic approach which not only allows for such marriage but even encourages it.

R. Ezekiel Landau of Prague (1713–1793), in his halachik responsa (Noda B’Yehuda, Even HaEzer Tinyana §79), offers an innovative solution. He proves that R. Judah Ha-Hassid only wrote the prohibitions in his will and Sefer Hassidim for his descendants—not for all Jews—because otherwise his prohibition would contradict an explicit Talmudic passage that not only allows but even applauds a man marrying his niece. [24] Others interpret Ha-Hassid’s warning in accordance with contemporary science, which warns of the genetic dangers to children born to an uncle and niece.

Nonetheless, Ha-Hassid himself explains his true intent. He writes (Sefer Hassidim §488) that only a pious individual is allowed to marry his niece in order that his children be similar to himself (per the rabbinic dictum mentioned above). However, a wicked man who only intends to fulfill his own pleasures should not marry his niece, so that his children will not be like him. Thus, Ha-Hassid actually allows for avunculate marriage in the right circumstances, yet elsewhere he writes blankly that it is forbidden so that the not-necessarily-pious masses would refrain from such unions.[25]

Conclusion

There are essentially two general views regarding avunculate marriage in the Bible. The Rabbinic position is that avunculate marriage is permitted by Biblical law. In fact, according to Rabbinic tradition, there are even Biblical precedents for allowing such marriages. Nonetheless, the Rabbis do limit the circumstances under which one may marry his niece. They forbid marrying one’s fraternal niece, since this might interfere with the commandment of the Levirate marriage. There is also the pietistic view of the Hassidei Ashkenaz, who rule that only a pious man may marry his niece (because he will have pure intentions), while the masses should not engage in such unions.

By contrast, the Sadducean approach outlaws avunculate marriage entirely, and attributes this prohibition to the Bible. Even according to Rabbinic tradition, the aforementioned Biblical cases are not unanimously viewed as actually consisting of avunculate marriages. The Sadducees would likely interpret these cases such that they do not serve as precedents for legitimately marrying one’s niece.

[1] L.
A. Feldman (ed.), Pirush HaRan Al HaTorah (Jerusalem: Machon Shalem,
1968) pg. 149.
[2]
While Ibn Ezra does not explicitly note his objections to this identification,
other sources quote a question in his name which implies a reject of this
tradition. Ibn Ezra asks that if we assume that the Bible lists Terah’s sons in
order of their birth, then Abraham was at least two years older than Haran.
Furthermore, it is evident from the Bible that Abraham was ten years older than
his wife Sarah (Sarai), as it says Then Abraham fell upon his face, and
laughed, and said in his heart: ‘Shall a child be born unto him that is a
hundred years old? and shall Sarah, that is ninety years old, bear?’
(Gen.
17:17). This would mean that Haran fathered Iscah/Sarai at the extremely
unlikely age of eight. Rabbeinu Hayyim Paltiel answers this objection by
noting that the Talmud (TB Sanhedrin 69b) itself already raised this
point. In fact, it uses this calculation to prove that in early generations men
fathered offspring from as early as the age of eight. See I. S. Lange
(ed.), Pirushei HaTorah L’Rabbeinu Hayyim Paltiel (Jerusalem,
1981) pp. 26–27 and S. Sasson (ed.), Moshav Zeqenim (London,
1959) pg. 15.
[3] S.
Sasson (ed.), Moshav Zeqenim (London, 1959) pg. 15.
[4] The
commentators propose this distinction because of the fact that the Bible splits
the genealogy of Haran’s descendants into two verses. The first verse only
mentions Lot, while the second says that he was the father of Milcah and Iscah.
However, Kimhi explains these verses in the exact opposite way: He
argues that the Torah sought to clarify that Haran was not only the father of
Lot, but also of Milcah and Iscah (which follows the view that this passage
only discusses one Haran).
[5]
Josephus (in Antiquities of the Jews Book II, Ch. 6) also understood
that Joseph’s wife was literally the daughter of Potiphar. However, see Midrash
Sekhel Tov
(to Gen. 39:1) and Midrash Tadshe (Ch. 21), printed in J.
D. Eisenstein (ed.), Otzar Midrashim (New York, 1915) pg. 486 and also
cited by Yalkut Shimoni (Joshua §9), which say that Osnath was among
several righteous female converts.
[6]
This Midrash appears nowhere else, save for Rabbeinu Hayyim Paltiel’s
commentary. However, there is a similar tradition (Genesis Rabbah
§80:11) which says that Dinah refused to leave the house of Shechem until
Simeon promised to marry her. According to that Midrash, Simeon married his
sister
Dinah, not her daughter.
[7] I.
S. Lange (ed.), Pirushei HaTorah L’Rabbeinu Hayyim Paltiel (Jerusalem,
1981) pg. 166.
[8] The
Talmud (TB Temurah 16a), followed by Rashi (to Jos. 15:17 and Jud.
1:13), writes that Othniel was only Caleb’s maternal brother, not full brother.
The rationale for this statement is that Caleb’s father is always given in the
Bible as Jephunah (Num. 13:6; 14:30; 26:65; 32:12; 34:19; Deut. 1:36′; Josh.
14:6; 14:14; I Chron. 4:15), while Othniel is always mentioned as a son of
Kenaz (Josh. 15:17; Jud. 1:13; 3:9; 3:11; I Chron. 4:13). According to this
approach, after Caleb was born, his mother married someone named Kenaz, and
bore Othniel to him. Rashi remains consistent with this view when he writes (in
his commentary to TB Sukkah 27b) that he is unsure of Othniel’s tribe,
because his relationship to Caleb was only through their mother, and
matrilineal descent does not impart tribal affiliation.
Kimhi
(to Josh. 15:17) adds that in the instances that Caleb also is referred to as a
Kenizzite (Num. 32:12; Josh. 14:6; 14:14), this term is a reference to his
step-father. Kimhi then suggests that Caleb and Othniel were actually
full brothers and that their father had two names: Jephunah and Kenaz (which is
why Caleb is also called a Kenizzite). Ultimately, Kimhi rejects this
approach and argues that the appellation “Kenizzite” refers to the family
of Kenaz, a common ancestor of both Caleb and Othniel. Ha-Parhi (cited
below) and Abarbanel (to Josh. 15:16 and in his introduction to Judges) concur
with Kimhi’s conclusion. [It has yet to be explored whether the term
Kenizzite used in connection with Caleb is related to the Kenizzites, a
Canaanite tribe which God promised Abraham will be conquered by the Israelites
(Gen. 15:19).]
[9]
Although, see Targum Rishon earlier (to Esther 2:7 and 2:15) who
explicitly writes that Esther was the daughter of Mordecai’s uncle, making them
first-cousins, not niece and uncle.
[10] Y.
Rivlin (ed.), Pirush Megillat Esther L’Rambam (Jerusalem, 1952)
pg. 60.
[11] See
Tosafot (TB Yevamot 99a) and Tosafot Yeshanim (ibid. 62b).
The same point is made earlier by Rav Sherira Gaon (who predated Rabbeinu Tam)
in a responsum printed by M. Grossberg (ed.), Gvul Menashe (Frankfurt,
1899) pg. 15.
[12] R.
Abraham Haim Schor (d. 1632) writes (Torat Haim to TB Sanhedrin
76b) that marrying one’s sororal niece is especially praiseworthy because
according to Biblical law, a daughter does not inherit her deceased father’s
property unless he has no sons. Accordingly, there is likely animosity between
a man and his sister, for the former will inherit their father’s property and
the latter will not. Therefore, it is especially praiseworthy for a man to
marry his sister’s daughter in order to alleviate this animosity and show his
sister that even she will derive benefit from their deceased father’s estate. Tosafot
Shantz
, as quoted by Ashkenazi, offers a very similar approach and adds
that marrying one’s brother’s daughter does not achieve the same effect because
one’s paternal brother will in any case inherit his father’s property. In this,
Tosafot Shantz offers another strong argument for Rabbeinu Tam’s position.
[13] M.
Y. Blau (ed.), Shitah Mekubetzet Yevamot (New York: Shitat HaKadmonim,
1986) pg. 302. See also Shitah Mekubetzet (to TB Nedarim 63b) who
also seems so inclined.
[14] Y.
Hoffman (ed.), Meshivat Nefesh (Jerusalem: Machon Yerushalayim, 1998)
pg. 18.
[15] See
also Meiri (to TB Yevamot 62b) who seems to agree with Maimonides.
[16] In
a similar explanation, R. Todros HaLevi ben Joseph Abulafia (1225–1285), a
nephew of R. Meir Abulafia, writes that marrying one’s sister’s daughter is
especially meritous because his sister likely has financial difficulties in
marrying off her daughter. Hida (Birkei Yosef to Even HaEzer
§2:6) quotes this unpublished explanation of R. Todros and adds that according
to this, there is no difference between a sororal niece and a fraternal niece,
the difference is only in whether the groom’s sibling has financial
difficulties.
[17] S.
Schechter (ed.), Documents of Jewish Sectaries Vol. 1, Fragments of a
Zadokite Work (Cambridge, 1910) pg. 5.
[18]
Interestingly, Midrash Mishpatim lists the prohibition of marrying one’s
niece before it lists one’s aunt, while the Temple Scroll lists
marrying one’s niece afterwards.
[19] See
E. Eshel, “The Proper Marriage according to the Genesis Apocryphon and Related
Texts,” Meghillot: Studies in the Dead Sea Scrolls Vol. 8–9 (Jerusalem:
Bialik Institute, 2010) pp. 29–51, who discusses numerous examples of the DSS
embellishing Biblical passages by adding marriages between first cousins. She
explains that the authors of those scrolls added cases of marriage between
first cousins and not between man and his niece precisely because the Qumranic
sect believed the latter to be forbidden.
[20] It
should be noted that three out of four of those cases (i.e. grandmother,
mother’s paternal brother’s wife, and grandfather’s wife) are explicitly banned
by Rabbinic decree, even though according to Rabbinic interpretation they are
permitted by Biblical law (see TB Yevamot 21a).
[21] S.
Lieberman, Tosefta Ki-fshutah (New York: JTS, 1973) pg. 915. Cf. E.
Segal, “Sarah and Iscah: Method and Message in Midrashic Tradition”, JQR,
vol. 82:4, pp. 417–429 who seems content to similarly explain the Midrashic
identification of Sarah with Iscah (mentioned above).
[22]
Ha-Parhi, in his abovementioned polemic against Sadducees, writes that
should one meet a Sadducee, one should tell him that according to Sadducean
religion one is allowed to marry his daughter because the Bible does not
explicitly forbid it and the Sadducees do not recognize the hermeneutical
arguments set forth by the Rabbis (TB Sanhedrin 76a) for its
prohibition. However, in light of the above, Ha-Parhi’s polemic is no
longer applicable because according to the Sadducees’ internal logic, marrying
one’s daughter is included in the prohibition of marrying one’s mother because
both are a violation of the child-parent relationship. That is, the Torah
forbids a man to lie with his mother and both Rabbinic and Sadducean
interpretation extend this prohibition to a woman who is forbidden from lying
with her son. However, Sadducean interpretation would also argue that included
in this prohibition is a man lying with his daughter because the Torah’s intent
is not simply to forbid a man and his mother, but to declare incestuous any
fornication between the child-parent line. The Rabbis, on the other hand,
understood that this is not the intent of the Torah and instead offer their own
source for the prohibition of marrying one’s daughter.
[23] N.A.
Stillman (ed.), “Malik al-Ramlī.” Encyclopedia of Jews in the
Islamic World
(Brill Online, 2013).
[24] For
an extensive survey of various authorities who agree or disagree with Landau’s
characterization of the prohibition cited by R. Yehuda Ha-Hassid, see Sdei
Hemed
Vol. 7 (Brooklyn: Kohath Publishing, 1950) pp. 2483ff.
[25] See
S. Guttman (ed.), Sefer Tzava’at Rabbi Yehuda HaHassid HaMefoar
(Jerusalem: Otzar HaPoskim, 2011) pp. 177–188 for an in-depth analysis of Ha-Hassid’s
stance on the topic.