Organizing the Mitzvot and the Sefer Ha-Chinukh

Organizing the Mitzvot and the Sefer Ha-Chinukh
Yaakov Taubes

Yaakov Taubes is the rabbi at Mount Sinai Jewish Center in Washington Heights, New York. He also serves as an assistant director at the Rabbi Isaac Elchanan Theological Seminary at Yeshiva University, and is a PhD candidate in Medieval Jewish History at the Bernard Revel Graduate School for Jewish Studies. He can be reached at rabbi@mtsinaishul.com.

This article follows from the excellent piece by Eli Genauer about the printing and reorganization of the Sefer ha-Chinukh. To review, Genauer described how the Sefer ha-Chinukh’s original order, reflected in both manuscripts and early printed editions, listed the positive commandments followed by the negative commandments in each parasha, but later editions did away with this division and instead listed the mitzvot in strict order of the Biblical  verses. He noted further that, contrary to what is printed in Chavel’s semi-critical edition of the Sefer ha-Chinukh, the first edition to alter the organization was a Chumash with commentaries printed in Amsterdam in 1767 that included the Chinukh. In the first half of this article, I will explain the Chinukh’s original organization, as well as the reasoning behind and impact of the later editions that changed it. In the second half, I will analyze the earliest published mitzvah lists  that enumerated the mitzvot according to the Torah’s order.

Part I
Reorganizing the Chinukh

At its core, the Chinukh is a Sefer Ha-Mitzvot, an enumeration and explication of 613 mitzvot of the Torah. It primarily follows in the footsteps of the Maimonides’s Sefer Ha-Mitzvot, while also regularly citing Nahmanides when he disagrees with Maimonides. In the anonymous author’s opening missive (to which he adjured later copyists by oath to include), he noted that the work of clarifying the mitzvot and halakhot had already been accomplished by R Isaac Alfasi (Rif), Maimonides, and Nahmanides. Indeed, the Sefer Ha-Chinukh did not innovate in in terms of mitzvah enumeration, i.e. in listing what constitutes the 613 commandments, but rather loyally followed the enumeration of Maimonides, even when he found the opinions of Nahmanides more compelling.[1] Instead, the stated goal was to organize the mitzvot based on the parshiyot of the Torah, so that the youth will be inspired to study them on Sabbaths and festivals and “they will be accustomed to inquire as to how many mitzvot appear in a given parasha.”[2] The division into parshiyot was thus for pedagogical purposes (as the title Sefer ha-Chinukh, or Book of Education, implies), namely, to create a separate unit for a student to study each week.

This didactic concern is also evident from the places where the author informs us that a given parasha does not have any mitzvot. By contrast, when Rashi, for example, has nothing to say on a given verse, he does not comment that there is nothing to say on the verse. But as a work based on the parshiyot, to be studied according to the parshiyot, the Chinukh needed to inform the reader that there are no mitzvot on a given week. In addition to its noteworthy contributions to particularly topics, it was the organization that set the Chinukh aside and contributed to its great popularity.

The gemara in Makkot (23b), which serves as the primary source for the idea that there are 613 mitzvot, also notes that there are 248 positive commandments and 365 negative commandments. Maimonides, the Sefer Mitzvot Gadol of R. Moses of Coucy and most other Sifrei Mitzvot divided the mitzvot this way in their respective works, by first listing one category and then the other. The Chinukh maintained this division, but only within each Parasha, first listing all the positive commandments, followed by the negative commandments, and then starting again in the next Parasha.

This division can be found in the original manuscripts of the Chinukh and in the first published editions from the 16th century. In the 18th century, however, publishers began to print the mitzvot of Chinukh in strict order of the verses of the Torah, erasing the division between positive and negative commandments. In Genauer’s article, he noted an error in Chaim D. Chavel’s scholarly introduction to his edition of the Chinukh, where Chavel writes that the first edition to make this change was the edition printed in Frankfurt an der Oder in 1783.[3] In fact, as Genauer notes, the first published book to reorganize the work was the Chumash Tikkun Soferim, published by Yosef, Yaakov and Avraham Proops in Amsterdam in 1767, which included the Chinukh as well as other commentaries on the Torah. This edition printed the Chinukh on the page alongside the Torah text, adjacent to the Biblical verse that are the source for the commandment, and by extension, recorded the mitzvot according to the strict order of the verses, thereby abandoning the original organization. Virtually all later editions of the Chinukh followed this structure such that, apart from Chavel’s edition, the Chinukh was never again printed using the order in which it was originally written.   

This Proops edition did more than change the order of the mitzvot. The reordering also required a modification of the mitzvah list in the introduction to the Chinukh so that that the numbering there accurately reflected the placement of the mitzvot contained within the work. But, confusingly, many internal cross-references to other mitzvot were left intact. For example, at Lev. 19:9, the Chinukh records the prohibition of not leaving over part of the corner of the field (peah). This is Mitzvah 228 in the original work but appears as 217 in the reorganized (now standard) versions. The Chinukh there references what he wrote previously in “Positive Mitzvah 2” of the Parasha, a somewhat less helpful reference to locate if the mitzvot are not divided between the positive and negative commandments.

More generally, this reordering has pros and cons. Putting the mitzvot in the order of the Torah allows related positive and negative commandments to be listed adjacent to one another, which is useful as they may have many aspects in common, including what the author called their shoresh (perhaps meaning “cause”). For example, in the discussion of the holidays in Parashat Emor, the new arrangement places the positive commandment to refrain from labor on a given holiday adjacent to the related negative commandment against working on that holiday.[4] On the other hand, in a number of instances, the reorganization clearly disrupts the disrupts the flow of the work. For example, In Lev. 22:32, the Torah presents the prohibition of profaning God’s name before the obligation to sanctify it. This is how the Proops edition (and subsequent editions) list them, matching the order of the verses. In the original, however, the commandment to sanctify, a positive commandment, is listed first, and it is there that the root and essence of the mitzvot related to sanctifying and profaning God’s name are explained. In the negative commandment, i.e. the prohibition to profane God’s name, the reader is referred to what the author already wrote regarding the positive commandment, which the new editions place afterward. Similar examples can be found throughout the work and modern editions of the Chinukh, including those published by Feldheim, Machon Yerushalayim and Artscroll, will typically provide the appropriate page number or mitzvah reference in their edition. This is helpful, but the need to do so highlights the disparity the reorganization of the work created.          

When the Chinukh was next printed in Frankfurt an der Oder in 1783-4, also part of a Chumash, all of the mitzvot that come from a given book of the Chumash are printed in the back of the relevant volume, divided by parasha with a separate title page introducing them.[5] As in the earlier Proops edition, the mitzvot are listed in strict order of the verses without a division between the positive and negative ones.

The decision to print the Chinukh in strict verse order was significant, even though it had been done previously. As Genauer notes, the Proops edition editors justified their decision to reorganize the Chinukh by saying that it allowed the reader to follow the weekly Parasha more easily. Placing the verse on the page according to the verses facilitated studying the Chinukh almost like a commentary on those verses. Printing the Chinukh in the back of the Chumash on the other hand, meant that a reorganization was no longer necessary; since the Chinukh was no longer alongside the text of the Chumash, it was no longer technically bound to its order. Despite this, the editors still chose to align the Chinukh with the verses, forgoing the original order, presumably to allow easily reference between the Biblical verses and the Chinukh.

In 1783, this same Frankfurt edition of the Chinukh was published as a standalone volume, without the text of the Chumash at all.[6] Printing it as a separate volume would seem to remove any connection to the order of the text of the Torah, yet this edition still follows the strict verse order. It lacks a publisher’s introduction, but the title page includes the following subtitle:

The Sefer Ha-Chinukh with the 613 Commandments to quench the thirsts of the soul. Presented now, newly organized and built upon the order of the Parshiot as they appear written in the Torah, and to not bring the earlier one before the later one, but only in the spot where they are to be found.

As explained, this was not technically new (as Chavel thought) as it had been already been done in 1767 in the Proops/Tikkun Soferim Chumash.[7] But this edition was the first to alter the order when the form did not require it, meaning, it was the first standalone edition to alter the order.[8] As opposed to the Proops edition, where such a edit was more required to integrate the Chinukh into a Chumash, this edition included the change because it was perceived as a better, more intuitive order. That no explanation for the reorganization was provided may be because the publishers thought it was obvious. Indeed, the reorganization certainly makes mitzvot easier to find than if they were divided between positive and negative commandments within each Parasha. Thus, while the Frankfurt edition was preceded in its choice to reorganize the Chinukh, it set the standard for future editions because it was the first to do so as a standalone edition. 

There is no evidence that the publishers of the Frankfurt edition were working off the earlier Proops edition and even if they were, they may have still seen their edition to be innovative by changing the order in a standalone edition. There is, however, a change in the introduction that both editions exhibit that would seem to indicate some level of borrowing. The Chinukh’s introduction can be divided into three parts: (i) an Iggeret (epistle) about the nature, goals and influences of the work; (ii) a list and accounting of the mitzvot contained therein, listed according to the parshiot, with positive commandments listed before the negative ones (this is followed by an overview of the commandments that are applicable and no longer applicable[9]); and (iii) a  longer essay discussing key ideas in Jewish thought and faith.

The Proops/Tikkun Soferim edition maintains this sequence of the introduction but preceding the second part is a title, “Luach HaMitzvot, and then the words “The 613 commandments which were said to Moses, peace be upon him, at Sinai, in the order as they are written in the Torah and according to how they were said by the Rabbi, the author of the Chinukh.” As noted above, the printers also altered the order of the Mitzvot to accord with the verses in the Torah. These added words, “as they are written in the Torah and according to how they were said by the Rabbi, the author of the Chinukh” seems to mean that they have presented a reorganized version of the Chinukh’s enumeration.

Following the list, the publishers added a list of seven rabbinic commandments, followed by the words “the total amount of commandments is the amount of KeTeR [the numerical value of 620, that is 613 biblical commandments plus the seven rabbinic ones] and the way to remember it is KeTeR Torah (the crown of Torah).”[10] In the Frankfurt edition, the mitzvah list (section ii) is moved to the end of the introduction, after the longer essay (section iii).[11] Preceding the list are the same title and introductory lines as the Proops edition. The Frankfurt edition’s use of these words would seem to indicate that they borrowed from the earlier one and made still more changes.

In any event, by the time the Chinukh was printed next in 1799, the reorganization of the mitzvot had already become standard. The publishers, who reference the 1783 edition of the Chumash as well as the standalone edition in their introduction, make no mention that they have altered the original order.[12] The reorganization was the new organization for the Chinukh.

Part II
Early Listing of Mitzvot in the Order of the Torah

While the editions described above were the first to reorganize the Chinukh’s list, neither the Tikkun Soferim/Proops edition nor the Frankfurt edition were the first to organize the 613 mitzvot according to the order of the Torah, either as a separate work or alongside the verses in a Chumash. These particular achievements were already earned by publishers in the early sixteenth century.[13] In Venice in 1517, the famed printer Daniel Bomberg published what is commonly known as the first Rabbinic Bible, a complete Tanakh with commentaries, titled Arba’ah Ve-esrim, namely, the Twenty-Four books of the Hebrew Bible. In the back of the third volume (after the books comprising Ketuvim), the text of Maimonides’s 13 principles of faith from his commentary on Mishnah Sanhedrin are followed by a list of the 613 mitzvot divided by Parasha, but in strict order of the verses, i.e., not divided between positive and negative commandments.         

This listing was originally created by Abraham ibn Hassan HaLevi, an otherwise unknown figure who seems to have thrived in the 15th century.[14] It includes the commandments, the relevant source verse, and a cross-reference to the pertinent discussion in Maimonides’s Mishneh Torah. The version included in the 1517 Bible was a version of ibn Hassan’s that was expanded by R. Yehuda ben Sasson, who added further cross-references to the Talmud and Midrashe Halacha (Sifra and Sifrei etc.).[15]

The brief introduction included before the list explains that the mitzvot enumeration will be based on that of Maimonides but will be organized according to the parshiyot and verses, claiming that this structure is an idea that every child understands and will assist with study and understand of the Parasha. The introduction expresses surprise that such a straightforward system of organization had not been before attempted. Interestingly, he makes no mention of the Chinukh, which had already organized the mitzvot according to the parshiyot. He was either unaware of the work (which, although written in the late 13th century, was not published until 1523) or ‘disqualified’ it, since it was not organized according to strict order of the verses.   

Of the various enumerations of the 613 commandments, that of Maimonides was certainly the most famous and influential of them, and it is thus unsurprising that both the Chinukh and Ibn Hassan made use of it for their own respective works. Additionally, Maimonides’s insistence that each mitzvah be connected to a specific verse meant that reorganizing them according to Torah was a more straightforward endeavor.

Still, even utilizing Maimonides’s enumeration presented difficulties. In his Sefer HaMitzvot, Maimonides often cites multiple verses in the context of a given mitzvah, and it is not always clear which verse is the primary one or if one is to be given precedence over the other. The discussion of the relevant law in his Mishneh Torah did not necessary clarify matters.

Although he followed Maimonides’s enumeration, the Chinukh made his own judgment on the most relevant verse for each commandment. In general, the Chinukh places the commandment in conjunction with the verse where it first appears in the Torah. For example, regarding the mitzva forbidding  labor on the Sabbath, a prohibition that appears many times in the Torah, the Chinukh counts in Exod. 20:9, the first time it appears. But there are exceptions. The mitzvah of Tefillin appears in Exod. 13:9 and 13:16, but the Chinukh does not count it until its appearance in Deut. 6:8,.[[16] When it comes to negative commandments, the Chinukh usually utilizes the azhara, the verse containing the warning, rather than the verse that lays out the punishment. For example, the prohibition to curse a judge is counted at Exod. 22:27 (Mishpatim) instead of Lev. 24:16 since the former is the warning while the latter is the punishment. But again, there are some exceptions. The prohibition to eat slaughter sacrifices outside the Temple, for example, is counted at Lev. 17:3-4 (Acharei Mot) despite the azhara being derived from Deut. 12:14.[17] Ultimately, however, the Chinukh is an independent work with full entries for each mitzvah. The author was thus able explain his choice of placement as he does in the some of the above examples, while also citing any other relevant verses. The verse serves as a positional mechanism and one that structures the entire work, but it was not the complete story for any given mitzvah.

A shorthand list, on the other hand, enjoyed no such luxury, as there was not usually room for further explanation; the mitzvot in such a count follow the order of the verses and the author only provides limited, if any, elucidation. The Mitzvah List originally prepared by Ibn Hassan and printed in the 1517 Rabbinic Bible, solved these issues by basing itself on what is known as the Minyan HaKatzar found in the introduction to the Mishneh Torah. Maimonides there included a shorter enumeration of the commandments almost always listing only the commandment and an accompanying verse, assumed to be the one that most explicitly laid out the commandment. The 1517 Rabbinic Bible list used both the language and verses from this list, reorganized according to Parasha and in strict verse order. In the few places where the Minyan HaKatzar adds a few words of clarification, this language is used in the Chumash list as well.[18]

Although the Chinukh is based on Maimonides, there are discrepancies between the verses utilized by the Chinukh and those of the list based on Maimonides’s Minyan HaKatzar. For example, while the Chinukh (Mitzvah 2) and Maimonides in the Sefer HaMitzvot (P 215) cite the verse Gen. 17:7 (in Lech Lecha) as the source for the commandment of circumcision, the Minyan HaKatzar cites Lev. 12:3, where the commandment is repeated. The 1517 Rabbinic Bible Mitzvah List follows suit placing it in Tazria. Likewise, while the Chinukh places prayer (Mitzvah 433) in Eikev (Deut. 10:20), the 1517 Rabbinic Bible list puts it in Mishpatim (Ex. 23:25), again following the Minyan HaKatzar.

There is an additional (albeit more limited) difficulty with relying on Maimonides enumeration. The second of Maimonides’s 14 shorashim, or principles, used to devise his list was that any mitzvah learned from one of the thirteen exegetical principles would not be counted as part of the 613.[19] There were, however, a few exceptions. For example, Maimonides himself noted that there is no explicit verse prohibiting incest between a father and daughter, and that the Talmud derives it from both a kal vachomer (an a fortiori argument), and a gezerah shavah, two of the 13 exegetical principles by which rabbinic law is derived, about which Maimonides specifically states he will not derive commandments from. Maimonides (Neg. 336) counts the prohibition against father-daughter incest despite this, for reasons he explains at length and need not concern us now. Similarly, the Torah does not explicitly forbid an uncircumcised kohen from partaking of Terumah, but the Talmud (Keritot 5a) derives it from a gezerah shavah (referring to it as gufei torah) and Maimonides counts this as well and once again provides a justification. In the Minyan HaKatzar, when it comes to prohibitions against a father revealing the nakedness of his daughter, and an uncircumcised kohein eating terumah, he writes (following the commandments listing) “that it is not explicit in the Torah“ but insists it still Biblical. If one is placing the mitzvot according to their verse, there might be some question as to where to place these two commandments.

  Perhaps unsurprisingly, the Chinukh places the incest prohibition in Acharei Mot in the context of the other forbidden sexual relationships immediately following the prohibition against sexual relationship with a granddaughter, the source of the kal vachomer. The prohibition for an uncircumcised kohein to eat terumah (282) is placed in Emor immediately following the prohibition for a kohein who is a toshav or sachir to eat terumah, as that verse is part of the gezera shava from which the Talmud derives that prohibition. This too makes sense, although one could have placed it near the prohibition against an uncircumcised person from eating the Passover sacrifice, the other part of the gezarah shavah.

After the mitzvah list printed in the 1517 Rabbinic Bible, there appears an epilogue that provides a tally of the weekly Torah parshiot (and notes that Zot HaBracha is excluded because lacks its own Shabbat to be read on), and that 15 of those parshiot lack any mitzvah, leaving 38 that do contain mitzvot. Gematriot (mnemonics) are provided to remember the totals. The epilogue then notes how 611 commandments were said in explicit verses (followed by another gematria), leaving two which lack an explicit verse and were learned out from tradition at Mount Sinai. The two commandments are, not surprisingly, the aforementioned prohibitions on incest and the uncircumcised priest eating terumah. These can be found, the author tells us, in the Parasha of arayot (in Acharei Mot) and in Emor, the same places where the Chinukh puts them. Again, this is unsurprising as it places them adjacent to the verses from which they are derived from, even if not explicitly. Additionally, Maimonides’s Sefer HaMitzvot and the corresponding Minyan HaKatzar, while not organized according to the order of the verses, also lists them adjacent to the commandment from which they are derived from.

Interestingly, the author felt it important to point this out to the reader, even instructing the reader not to go looking for them. The issue of Maimonides’s statement that some commandments lack underlying verses has attracted attention by modern scholars, who generally find more than two such cases.[20 It would seem that the effort to reorganize Maimonides’s enumeration according to the verses highlighted this issue as well, since the editor had to decide where to place it, something he did not need to do for the other commandments. 

This edition seems to be the first time the mitzvot (of any order) were printed strictly in order of the verses, while also including the Parasha breakdown.[21] The list would prove popular and was included in many future editions. It was even translated into Latin in 1597 by  Phillip Ferdinand, a Jewish convert to Christianity![22]

 There is, however, another possible contender for the first published work to list the mitzvot in the order as they appear in the Torah: the Avodat HaLevi of Solomon b. Eliezer HaLevi.[23] This work is a listing of the commandments which provided references to where the a given commandment was discussed in the Talmud, Midrashe Halacha (Sifra, Sifrei and Mekhilta), Mishneh Torah (spelling out the book, halacha and chapter), Sefer Mitzvot Gadol, Sefer Mitzvot Koton (known as Amudei Golah), the location in the Arba’a Turim of R. Jacob b. Asher (including “column “and siman), Sefer Toldos Adam V’Chava of R. Yerucham ben Meshullam (including exact location), the Kol Bo, the Rokeach, Sefer HaAgur of R. Jacob ben Judah Landau, and the Sefer Halakhot of the Rif. As the author informs us, this list too is based on Maimonides, and the verses and order are based on that of the Minyan HaKatzar (although the language is abbreviated in a few places). This is an incredibly impressive collection of sources and is a good example of the increase of indices with the advent of print.[24] While we know this work was published in Constantinople, it is not evident in what year. The National Library of Israel’s Bibliography of the Hebrew Book catalogue lists it at around 1515, but also cites Morris Steinschneider who suggested that it was published after the end of 1516 when the Sefer Toldos Adam V’Chava (which is one of the works referenced) was printed. In his study of Hebrew printing in Constantinople, Avraham Yaari writes that it was printed between 1515 and 1520.[25] Since the Rabbinic Bible was printed in 1517, the correct year between that range would determine which was the first to list the mitzvot in order of the Torah. Both works predate the printing of the first edition of Chinukh, which was not published until 1523.

In 1547, another Chumash was printed in Venice by the Giustiniani publishing house and included targumim, commentaries, as well as a listing of the 613 commandments in the margins next to the appropriate verse, the first time a list structured this way appeared in print. The title page states that the list will include each mitzvah placed by its appropriate verse, according to the enumeration of Maimonides and according to the opinion of Nahmanides in his calculation of the accounting and listing of the commandments. The inclusion of Nahmanides on the title page would seem to be a mistake, as the Chumash’s introduction, penned by Jehiel ben Jekuthiel, who edited this edition, makes no mention of Nahmanides in his explanation of the work, nor is Nahmanides’ counting of the mitzvot incorporated into the body of the work in any apparent way.[26]

The title plage also write that the work includes a cross reference to the appropriate place in the Talmud, Maimonides, R. Moses of Coucy (in his Sefer Mitzvot Gadol) and R. Jacob, the author of the Tur, “as is explained on the next page in the editor’s introduction.” Indeed, the introduction explains this system in greater depth and then proceeds to include an example from the listing regarding the mitzvah of circumcision.[27]  Students of the Talmud will recognize the list of sources as the very same included in the Ein Mishpat and Ner Mitzvah of R. Joshua Boaz b. Shimon Baruch, which essentially footnotes the Talmud and provides cross-references for where the Talmudic ruling is codified in those works. The Ein Mishpat was incorporated onto the page of the Talmud in the 1546-51 edition of the Talmud, printed in Venice by Marco Antonio Giustiniani, the same publisher as the Chumash under discussion, and is thus not surprising that there is overlap between the referenced works.[28] The mitzvot and references themselves are included in the margins adjacent to the relevant source verse, but as there was not always sufficient space for the full listing of the relevant sources, many mitzvot are instead listed at the end of each Parasha

It is not immediately evident which enumeration Jehiel used to create this list. It certainly does not match the list from the 1517 Rabbinic Bible. While there is no explicit mention of the Chinukh, there is evidence that he relied upon its enumeration and not that of Maimonides or anyone else. In Maimonides’ Sefer HaMitzvot, the prohibition of Yayin Nesekh, wine used for idol worship, is sourced from Deut. 32:38 (in Haazinu).[29] Nahmanides (in his Hasagot to the Sefer HaMitzvot), however, writes that the source of the prohibition is really from Exod. 34:12 (in Ki Tisa). The Chinukh (Mitzvah 111) follows Nahmanides in this instance and explains that while he usually follows the path of Maimonides, he prefers the verse in Exodus due to the specific negative language used there. He also writes that one of the “great Mitzva enumerators,” probably a reference to the Sefer Mitzvot Gadol (SMaG, Neg. 148), cited this as the source verse as well.[30] The 1547 Chumash maintains this order and indeed lists the prohibition of Yayin Nesekh in Exodus instead of Deuteronomy.[31]

Clearer evidence comes from a more direct divergence from Maimonides’s enumeration in the Chinukh. The Chinukh writes in his introduction that his listing will be based on that of Maimonides, even in situations where he finds Maimonides’s inclusion of a mitzvah difficult. There are cases throughout the work where the Chinukh indicates that he finds the view of Nahmanides more compelling but follows Maimonides nonetheless, as per his introduction.[32] Indeed, the Chinukh’s enumeration is identical to that of Maimonides for 612 of the 613 commandments. The discrepancy is the inclusion of the prohibition to bring a Pesach offering on a private altar (Mitzvah 487), which is not counted by Maimonides, and the omission of the prohibition for a non-kohein to eat kodshim kalim, which is counted by Maimonides (Sefer HaMitzvot, Neg. 102). It is likely that both of these changes reflect an alternate text or version of Maimonides’s Sefer HaMitzvot that the Chinukh was utilizing.[33] In the 1547 Chumash, the enumeration of the commandments is identical to that of the Chinukh, including the addition of the prohibition of bringing the Korban Pesach on private altars (in Re’eh) and the omission of the prohibition for a non-kohein to eat kodshim kalim. While there are other Mitzvah enumerators who include the prohibition regarding the Korban Pesach, that the enumeration of Chumash matches the Chinukh identically including for most of the order would seem to belie the latter’s influence.[34]

One more indication of the Chinukh’s influence comes at the end of the Chumash. Following the last mitzvah (in Vayelech), we find the same text as in 1517 Chumash, which describes the number of parshiot and how many lack mitzvot, and the accompanying gematriot. The lines that follow note that not all mitzvot are relevant nowadays, and that among those that are, some are in the category of Mitzvot that a person may never come to be obligated in. After this, there is an accounting of the total number of mitzvot that are relevant nowadays and not situationally dependent, followed by an enumeration of the six commandments that apply at every moment (mitzvot tamidiot). This paragraph is lifted almost verbatim from the Chinukh, with the additional of mnemonics. This Chumash was especially popular and was reprinted multiple times with some minor alterations of the page format. Thus, while it would be another 200 years before the Chinukh was actually reorganized according to the strict order of the verses as described in the first half of this article, it was already influencing other Chumashim that did indeed place the mitzvot in that order.[35]

Once the Chinukh itself was reprinted and reorganized in the 18th century it would reclaim its crown as the primary order of the mitzvot, a role it plays until this day. While one can find lists of the mitzvot organized according to the strict order of the verses based on Maimonides (often printed in the back the Sefer HaMitzvot), as we indexes that reorganize the listing of other mitzvah enumerators to allow for easy reference to the Biblical verses, it is the reorganized Chinukh’s listing that remains the most widely cited and used.    

[1] See Mitzvah 138 and 153. All references to the mitzvot in the Chinukh are to the Mechon Yerushalayim edition unless otherwise specified.
[2] See the Chinukh’s Iggeret HaMechaber.
[3] This mistake is likewise repeated in the Machon Yerushalayim Edition.
[4] I.e. Mitzvot 297-298 are the positive and negative commandments related to rest on the first day of Pesach; 300-30 are the same for the Last Day of Passover; and so on for each holiday.
[5] The Chinukh’s introductions appears in the first volume. The Mossad HaRav Kook Torat Chaim edition, printed in the 20th century, also follows places the corresponding mitzvot from the Chinukh in the back of each volume. The publisher utilized Chavel’s edition for the text and thus the order follows the original division between positive and negative commandments.
[6] It is not clear to me which, if any, volumes from the Chumash, had already come out since they were published over the course of the years 1783-1784. The separate title page for the Chinukh in the Genesis volume has a different appearance than the title page for the standalone volume but the text on it is identical.
[7] It is possible that the publishers’ language here is what led Chavel to mistakenly think this was the first edition to make the change.
[8] I am not aware of any other edition of the Chinukh printed on the page of the Chumash, although the Milstein Edition Chumash with the Teachings of the Talmud printed by Artscroll includes very brief writeups for each mitzvah as they appear in the Chumash based on the Chinukh.
[9] These comments are heavily based on Maimonides’s own overview, placed at the end of the listing of the positive mitzvot in his Sefer HaMitzvot.
[10] The seven rabbinic commandments are not mentioned In original Chinukh, although later editions would enumerate and explicate them further.
[11] Other editions also moved around the different pieces of the introduction. Even the first edition of the Chinukh, published in 1523 in Venice, placed the overview of the mitzvot after section iii. Some variances can be found in a few of the manuscripts as well. See Chavel’s edition, pp. 18-24, where he notes some of the changes to the introduction in the published editions. Interestingly, in the Artscroll edition, the Mitzvah list is likewise placed at the very end of the introduction. They also place the overview paragraph before the mitzvah list instead of following it where it appears it originally appeared. A footnote points out the change and adds “Since in this edition, the list of mitzvos cover many pages, possibly leading many to overlook Chinukh’s concluding remarks, we have followed the precedent of some printed editions which place these remarks before the list of mitzvos.” While this is technically true, it is misleading, as they fail to mention that moving the entire list to the end of the introduction following the longer essay, which is arguably a much larger change.
[12] They also moved around the parts of the introductions and include the Mitzvah list title and the paragraph describing the mitzvot. See Chavel ibid.
[13] The remainder of this essay will focus on published editions of the mitzvot list only. There are several works medieval works that organize the mitzvot according to the verses of the Torah, including of course the Chinukh, but also lesser-known authors. I explore these further in a forthcoming article.
[14] The list is extant in several manuscripts which dated from this time. To be clear, there are other versions of the list of mitzvot according to Maimonides, organized in order of the verses which exist only in manuscript, but the first published one was based on Hassan’s list.
[15] The Jewish Encyclopedia “Abraham Ibn Hassan Ha-Levi” writes that Yehuda Ben Sasson translated the text from Arabic. This seems to be an error, reading ma’atik for “translator” instead of “copyist.” Ben Sasson does mention he had translated other texts, but he is not referring to the Mitzvah list, which was originally in Hebrew.
[16] Although this may be because the command is more explicit in the later source. To pick a prominent (although admittedly less representative) exception, the prohibition of eating a live animal is not counted in Noach (Gen. 9:4), despite its appearing there, and instead listed in Re’eh at Detu 12:23. See Minchat Chinukh after Mitzvah 1
[17] As before, the azhara is far from explicit which is likely the reason the Chinukh used the earlier source.
[18] For example, in the Minyan HaKatzar (N 236), Maimonides clarifies that we derive from tradition that the prohibition referenced in Deut. 23:20 is on the borrower to pay back with interest. This language appears in the Chumash as well.
[19] See Maimonides’s second shoresh in his Sefer HaMitzvot.
[20] See Marc Herman, “What is the Subject of Principle Two in Maimonides’s Book of the Commandments? Towards a New Understanding of Maimonides’s Approach to Extrascriptural Law,” Association for Jewish Studies Review 44:2 (2020), 345-367.
[21] Modern publishers would later reorganize Maimonides’s list according to the verses as well. See Dienstag Jacob I. Dienstag, “Ein ha-Mizvot: A Bio-bibliography of Scholars and Commentators on Maimonides’ Book of Commandments” (Hebrew), Talpioth, vol. 9, no. 3-4 (September 1970): 676-677, 703, 709-710, 738.
[22] This was not the first Latin version of a Sefer HaMitzvot although it seems to have been the first to organize the mitzvot according to the order of the Torah. See Siegfried Stein, “Phillipus Ferdinandus Polonus“ in Essays in honour of the Very Rev. Dr. J. H. Hertz, chief rabbi of the United Hebrew Congregations of the British Empire, on the occasion of his seventieth birthday, September 25, 1942 (5703) ed. I. Epstein, E. Levine et al. (London, 1944), 397–412.
[23]  The work is sometimes called the Moreh Tzedek. The author mentions that he was only 20 years old when he composed although the wandering has made him feel like he was 70. He also writes that he had intended to write out the halakhot as well but did not complete such a work.
[24] See Bella Hass Weinberg, “The Earliest Hebrew Citation Indexes,” Journal of the American Society for Information Science 48.4 (1997): 318–30.
[25] See Abraham Yaari, Hebrew printing at Constantinople: Its History and Bibliography, (Jerusalem, 1967).pp 82.
[26] Thus, the mitzvot which Nahmanides argues are part of the 613, e.g., the mitzvah to live in the Land of Israel, remembering Miriam etc., are not noted.
[27] The introduction mentions a mafteach, or index at the beginning of each book “according to this way.” It is not clear to me what this refers to, as the edition I examined contained no such mafteach. Perhaps it refers to this extended listing at the end of each parasha. The cover page and introduction also mention an index to be included at the end of the twenty-four books listing all the places with references to the page of the Talmud where a verse is explicated.
[28] See Weinberg, ibid., 320 who suggests that the compiler of the Ein Mishpat may have been inspired by Avodat HaLevi. The genesis of the Ein Mishpat itself and how it ended up on the page of the Talmud is beyond the scope of this article.
[29] This verse appears in the Minyan HaKatzar as well as the Mishneh Torah.
[30] It is also likely that the Chinukh diverged from Maimonides on this issue because he wished to have the final mitzvah in the Torah to be the commandment for each person to write a Sefer Torah, a far more dramatic ending. Had he followed Maimonides, Yayin Nesekh would have been the final commandment instead.
[31] It is of course possible that this Chumash was following Nahmanides in this instance or the Sefer Mitzvot Gadol which, as noted, counts the verse from here. This is unlikely, however, since, as noted above, Nachmanides’ enumeration is not incorporated into the Chumash, nor is the SMaG followed in any other instance.
[32] See, for example, Mitzvot 138 and 151.
[33] R. Daniel HaBavli questioned R. Abraham b. HaRambam as to why his father included a prohibition to bring the Korban Pesach on a private altar if the prohibition was no longer relevant once the Temple had been built and all sacrifices on private altars were permanently banned. R. Avraham responded that his father had counted no such prohibition and that R. Daniel HaBavli’s text was inaccurate. See Chavel’s edition of the Chinukh, 8n5 . The author of the Chinukh presumably had a different version or translation of the Sefer HaMitzvot and that this would accounts for the other discrepancies between the two works.
[34] The only differences between the Chinukh’s placement of the mitzvot and this edition are as follows. (1) Chinukh counts the prohibition to curse a parent in Leviticus 20:9 (Kedoshim, 260) but notes that this is really the source for the punishment, not the prohibition. He notes further that Maimonides counts it at Ex. 21:17 but the same problem is present in that verse, so he will count it here. The 1547 Chumash list the prohibition at Ex. 21:17, which means all the following commandments (until Lev. 20:9) are one mitzvah off from the count of the Chinukh (like the later additions discussed above, which reorganized the Chinukh based on the strict verse order, as opposed to the original). (2) The other discrepancy concerns the mussaf sacrifices. The Chinukh counts the mitzvot to bring a korban musaf on Passover, Rosh HaShanah, Yom Kippur, Sukkot and Shemini Atzeret respectively, in Emor (Lev. 23), as they are alluded to there (through the word olah), even though he admits that the full explication of these sacrifices is really in Pinchas (Num. 28). This diverges from Maimonides, who cites the source verses from Pinchas, but the Chinukh explains that he is counting them from their first appearance in the Torah (see Mitzvah 320). This decision forces the Chinukh to divide the commandments relating to the musaf sacrifice with the aforementioned mitzvot counted in Emor, while the Musaf of Shabbat, Rosh Chodesh and Shavuot (which are not mentioned in Emor) are counted in Pinchas. This is somewhat counterintuitive, and perhaps this is why the 1547 Chumash places them all in Pinchas. Following Pinchas, the list and numbering is identical to that of the Chinukh.
[35] In 1590–1591, a different edition of the Chumash was printed by the famed Bragadini publishing house. This edition also included marginal notes which pointed out the placement of each mitzvah near the relevant verse. The title page simply says “…the order of the laws of the TaRYaG mitzvot, each one set in its place” and does not match any of the known lists.




Mossad HaRav Kook 2015 sale

 Mossad HaRav Kook 2015 sale
By Eliezer
Brodt
For over
thirty years, starting on Isru Chag of Pesach, Mossad HaRav Kook publishing
house makes a big sale on all of their publications, dropping prices considerably
(some books are marked 65 percent off). In recent years their practice has been
to publish several new titles in the few weeks prior to the sale; during the
rest of the year not too many titles are printed. They also reprint some of
their older titles that have gone out of print. Some years important works are
printed, some years not so much. In recent years one important title printed
for the first time was R’ Dovid Tzvi Hoffman’s commentary on Chumash Shemos,
translated from the original German.
What
follows is a list and brief description of some of their newest titles.
א. תורת חיים- משלי, ב’ חלקים תתקעז עמודים, כולל
פירושים על כ”י עם מקורות והערות, של רס”ג, רש”י, ראב”ע, ר’
יוסף קמחי, ר’ יונה, רי”ד, רלב”ג, מאירי, ר’ נחמיאש.
This work
is a continuation of their excellent Toras Chaim series which is very useful.
To date they have done Chumash, Avot (2 volumes), 5 Megilot (3 volumes) and
Hagadah Shel Pesach.
ב. הגדה של פסח- תורת הראשונים, ר’ אביגור אריאלי,
פירושי הראשונים שבדפוס ושבכתבי- יד שלא נכתבו על סדר הגדה, רכד עמודים.
 This work is a large collection of citations from
Rishonim, related to the Hagadah but not specifically written as a Pirush on
the Hagadah, such as citations from, for example, in their works on Chumash or
the like. The focus of this collection is the material dealing with Peshat of
the Hagadah not the Halacha aspect. I hope that eventually they will print such
a collection of all such Halacha material.
ג. הכתב והקבלה, ר’
יעקב צבי מקלנבורג, ב’ חלקים, ביאור על חמשה חומשי תורה, ערוך ומתוקן על פי דפוס
ראשון עם מבוא השלמות ומפתחות בעריכת ר’ משה צוריאל, תתתרנו + 80 עמודים.
 There are numerous highlights
to this new edition of this classic work. Among them are the notes and many
indexes all done by Rabbi M. Tzuriel. Perhaps most important is the restoration
of seventy(!) pages of text found only in the first edition of this work.
ד-ה. דרשות נחלת דוד,
ר’ דוד טעביל ממינסק, ערוך על פי דפוס ראשון עם מקורות  והערות ובתוספות כותרות משנה מאת הרב דוד
רובינשטיין, שיח עמודים.  דרשות בית דוד, ערוך
על פי דפוס ראשון עם מקורות  והערות ובתוספות כותרות משנה מאת הרב דוד
רובינשטיין, תמא עמודים.
In addition
to bringing back into print these two classic Derush seforim from R’ Dovid
Tevel, Talmid Muvhak of R’ Chaim Volozhiner, This edition also abounds with
useful notes, mostly pointing to comparative sources from his Rebbe and the
Gra. One minor complaint is the lack of an index.
ה. תשובות הרשב”א,
חלק שלישי, מסכת שבת עירובין: הרב חיים דימיטרובסקי.
This is the
second volume from this series. This is part of the much anticipated work on
the Rashba from Professor C.Z. Dimitrovsky z”l. However we will have to
wait for a careful review from the experts on the Rashba to weigh in if this is
as important as was expected.
ו-ז פירוש רלב”ג,
על נביאים ראשונים ב’- כתובים, הרב יעקב לוי על פי כ”י ודפוס ראשון עם מקורו
והערות. פירוש רלב”ג על איוב- משלי [איוב ע”י ר’ משה צוריאל, משלי
ע”י ר’ יעקב לוי].
These two
volumes continue the series of critical editions of the Ralbag’s works. The
volume on Iyuv has a partial index of the Ralbag from R’ M. Tzuriel. Worth
mentioning is his small newish work on the Ralbag called Otzros HaRalbag
(179 pp.), not printed by Mossad HaRav Kook.
ח. תוספות רי”ד
על מסכת קידושין, מהדיר: ר’ דוד מצגר.
This work
is based on the first edition (as no known manuscripts have survived on this Mesechtah)
and includes many notes.
                       
ט. אעברה נא, רבקה
מנוביץ-מעיני, סיפורו העלום של הרב דב מעיני מצורף דיסק עם מאמרים דברי תורה וניגונים.  תחקיר היסטורי שלמה טיקוצינסקי, 287 עמודים.
This
biography looks very promising. It deals with R’ Maayuni’s tragically short
life. Included are parts about life in Slabodkah, his relationship with his
Rebbe Muvhack, R’ Avrhom Eliyhuah Kaplan, his time in Beis Medrash Harabonim in
Berlin, Yeshivas Chevron in Eretz Yisroel and more. This book was written by
his daughter and Dr. Shlomo Tikochinski (expert on Slabodkah and Chevron
Yeshivah). It also includes excerpts of many of his letters. In the digital
world of today this volume comes with a flash drive which contains a bunch of
songs composed by R’ Maayuni and a volume of his correspondence (243 pp.). The
digital volume includes many pieces of great interest such as a 17 page article
about R’ Avrhom Eliyhuah Kaplan, a letter of his to a friend written right
after R’ Kook famous speech at the opening of Hebrew university (anti) and a
beautiful descriptive letter of R’ Moshe Mordechai Epstein arrival to
Yerushalayim and to Chevron [including references to the fights between the
camps of R’ Kook and R’ Sonenfeld].  I
guess the reason why this volume was not printed together with the biography
was a financial issue but I would have liked for them to have printed it in hard
copy (I am old fashioned).
י. תורה שבעל פה,
סמכותה ודרכיה, ר’ יהושע ענבל, 779 עמודים.
 A table of contents of
this work is available upon request. It deals with many of the “hot”
and “sensitive” topics of the day. Including Chazal’s knowledge of
science, how to understand Chazal attitude to Aggadah and much more. I really
hope to see some through reviews about this work in the future. It appears that
a form of some of the material in this book originally appeared here.
 יא.  צהר לבראשית, ר’ צבי אינפלד, ב’ כרכים, ניתוח מעמיק לפרשת
בריאת העולם עם ביאור נפלא לפסוקי תורה בענין זה, 987 עמודים.
Also worth mentioning
in this brief survey is the English translation of The Mishlei Daat Mikrah
volume and the two volume English translation of Esther Farbstein’s work on
Hungarian Jewry during the Holocaust.
One last
title worth mentioning is their reprint of Rav Maimon’s memoirs which appear to
be of interest.
A complete
catalog is available upon request eliezerbrodt@gmail.com



New Sefer Announcement

New Sefer Announcement
by: Eliezer Brodt
I just printed a small sefer, Likutei Eliezer, it is 120 pages and paperback. The sefer consists of four chapters each with many parts. Although portions of each chapter appeared on the blog, each has been significantly expanded – over double the amount of new material – as well as corrections and updates. All the pieces are in Hebrew. The first chapter starts out with a discussion of various possible sources regarding the well-known custom of saying Ledovid during Elul and Tishrei. This leads in to a few different historical discussions of various people who were possibly the earlier sources for it being said. After proving (partially based on an earlier post of Dan’s) that the earliest known sources to us today for this custom is from R. Binyomin Benish Bal Shem I have a in-depth discussion of Balei Shem and others our history. I deal a bit with the topic of practicing Kabbalah Ma’asit (Practical Kabbalah) in this chapter.

I should mention that in the latest issue of Kovetz Eitz Chaim there appears an article under my name about Ledovid in Elul. [The version in this new sefer of mine has more than double the material than the article]. I was asked by an editor of this journal for this article. I was happy to give it to them although they have their methods of what to include and what not to include as has been demonstrated in the past on this Blog. However I was very disappointed to see that the besides omitting some of the sources and names they have changed my article with a completely different outcome than that I had written.

The second chapter deals with Efer Parah (ashes of the Red Heifer) and when exactly did we lose it. A version of this chapter appeared in my sefer Bein Kesseh Le-assur (of which copies are still available for purchase) and on the blog. In this new sefer many additions were added. Among topics discussed in this chapter are lengthy discussion of the famous Berita De-mesctas Niddah and if R. Eliezer Kaliar was a Tanna.

The third chapter revolves around the Sefer Hapeulot of R. Chaim Vital. This chapter has twenty sub-chapters based in part on my post on the blog but full of new material. Amongst the topics dealt with are Alchemy, Shelios Chalom, Goralos, automatic writing, ghosts and much much more.
The fourth chapter is about the Maggid of the Beis Yosef. This chapter consists of seven sub chapters focusing on the Poskim and how they viewed this work. I begin with as an example the words of the Maggid to the Beis Yosef (“BY”) not to eat meat on Rosh Hashana (“RH”). I deal with how the Maggid could have forgotten a Mishna which says one is supposed to eat meat on RH and a gereal discussion how a Maggid works in this regard. I have a section dealing with the various sources about eating meat on RH. Another section deals with who was the Maggid talking to just the BY or to everyone. The BY never quotes the Maggid but other poskim do bring him. I deal with the topic of Torah lav ba-shmayim in regard to this. Another section deals with the Rambam forgetting sources. The last section deals with the famous words which the Maggid told the BY many times that he would die Al Kidush Hashem via burning and we know he did not.

This sefer is available for purchase in the US by Biegliesin in NY, in Lakewood at Judaica Plaza and in Mosey at Tuvias’s. In Jerusalem it is available at Girsa, Otzar Haseforim and next to the Mir. It is also available for purchase from the author and can be shipped worldwide. A PDF of the table of contents and index are available, for more information contact me at eliezerbrodt@gmail.com.




Elul Sale Announcement: Twelve Seforim recommendations

Elul Sale Announcement: Twelve Seforim recommendations

By Eliezer Brodt

In this post I would like to highlight and briefly describe a select list of seforim, some of which are brand new and others are a few years old. Several seforim are mentioned here due to relation to this time of year [i.e. Elul and Tishrei related] and for various reasons did not receive proper notice.

The first title I would like to mention is:

שערי תפילה ומועד, אסופת מאמרים, תשפ”ד, 662 עמודים

I am very happy to announce the recent publication (and Sale) of an important work, titled Sharei Tefilah Umoed, which will be of great interest to readers of the Seforim Blog, by Professor Yaakov Shmuel Spiegel, of Bar-Ilan University’s Talmud department. As I have written in the past:

Professor Spiegel is one of the most prolific writers in the Jewish academic scene, authoring of over 160 articles and 18 books (16 of those are publications for the first time of works which remained in manuscript). Many suspect that he knows the secrets of Hashba’at Hakulmos (automatic writing) (about which see here).

His articles cover an incredibly wide range of subjects related to many areas of Jewish Studies, including history of Rishonim, piyutim authored by Rishonim, bibliography and minhagim, to name but a few. His uniqueness lies not only in the range of topics but also that his work has appeared in all types of publications running the gamut from academic journals such as Kiryat Sefer, Tarbiz, Sidra, Alei Sefer, Assufot, Teudah, Kovetz Al Yad and also in many prominent Chareidi rabbinic journals such Yeshurun, Yerushaseinu, Chitzei Giborim, Moriah, Sinai and Or Yisroel. It is hard to define his area of expertise; he appears to be an expert in every area he writes about!

Worth noting that recently, thanks to the hard work of a dear friend of mine, all of his published articles are available for free download here.

He has edited and printed from manuscript many works of Rishonim and Achronim on Masseches Avos and the Haggadah Shel Pesach. He is of the opinion, contrary to that of some other academics, that there is nothing non-academic about printing critical editions of important manuscript texts. Although there is a known “belief” in the academic world, “publish or perish,” which at times some claim is the cause of weak articles and books, Spiegel’s prolific output does nothing to damper the quality of his works.

Another point unique to Speigel’s writings, besides his familiarity with all the academic sources, is the great familiarity he displays with all the classic sources from Chazal, Geonim, Rishonim and Achronim, to even the most recent discussions in Charedi literature – this bekius (breadth) was apparent well before the advent of search engines of Hebrew books and Otzar Ha-hochmah. Alongside all this is his penetrating analysis and ability to raise interesting points.

This new volume, Sharei Tefilah Umoed, is a collection of 39 chapters. Thirty chapters were published over the years in various Journals while nine chapters are published here for the first time. Many of the chapters in this volume follow this rubric: a manuscript on a specific, published for the first time, including an introduction devoted to the background of both author and subject. Many of these chapters are related to the month of Tishrei and are great starting points on the various upcoming topics. For those looking for new material specifically suited for this time of year, it’s timely availability for sale is a bonus.

Here are the Table of contents:

Number 2:

מאמר על הדרשות ועל האגדות, לרבינו אברהם בן הרמב”ם, מעתיקה השמועה, בירורים בתולדות חכמי התלמוד ועיונים בדרכי העתקת שמועותיהם, מהדיר: ר’ משה מיימון [מהדורה שנייה עם הוספות ותיקונים[, [תשפ”ד]

This is a second edition with corrections and additions R’ Maimon’s critical edition of R’ Avraham Ben HaRambam’s classic essay on Aggadah. The second part is a small work of Rabbi Moshe Maimon called Mateikeh shmuah, historical essays of great interest and includes notes by R’ Shaul Alter) See here for an Interview with R’ Maimon where we discuss this work.

Rabbenu Avraham’s essay is always relevant but is extra relevant at the moment as Daf Yomi has just finished learning the aggadic suggyot involving Rabbah Bar Bar Chana and will be learning more Aggadah shortly. For more on this and Aggadah in general see my recent presentation on All Daf (Here).

Sample pages are available.

Number’s 3- 6:

Some works by Rabbi Yaakov Stahl, related to the season:

Rabbi Stahl’s work is familiar to many of the blog’s readers; for reviews of some of his earlier works see here, here and here, and see a post of his here.

דרשות לימי התשובה מבית מדרשים של חסידי אשכנז, 11 + עד עמודים, מהדיר: ר’ יעקב סטל

This is a small work of Drashot by Chasidei Ashkenaz related to Teshuvah, published from manuscript and annotated by Rabbi Yakov Stahl.

תשובות רבינו אלעזר מוורמייזא הרוקח‘, ]תשע”ד[, 37+ רח עמודים , מהדיר: ר’ יעקב סטל

This is a Shir of the Rokeach on the topic of Teshuvah published from manuscript by Rabbi Yakov Stahl, which focuses on the different requirements to achieve Teshuvah for various sins. Much has been written about this unique Beis Medrash known as Chasedi Ashkenaz, especially their methods of Teshuvah. This volume will help one get a deeper understanding of their Shitah. The volume includes a useful introduction, numerous notes illuminating each passage with an incredible range of sources and concludes with some very interesting appendixes.

One can find some RH material on his academia page here (Some samples are this, this, this and this).

ריעקב ישראל סטל, נהגו ישראל, עיונים ובירורים בתולדות המנהג וההלכה, חג הסוכות, קכט עמודים + תמונות, ]תש”פ[

This six-chapter work relates to the Yom Tov of Sukkos with particular focus on Daled Minim issues. Here too, Rabbi Yaakov Stahl continues to amaze his readers with his ability to assimilate fascinating material from a wide range of sources. One unique aspect of this work is the over one hundred color illustrations from ancient art graphically illuminating for the reader the author’s proposals.

Sample pages are available.

גנזי חג הסוכות | אסופת גנזים מתורתם של ראשונים בענייני חג הסוכות היוצאים לאור לראשונה מכתבי-יד עם מבואות, ביאורים והערות, עיונים ומפתחות, מהדיר: ר‘ יעקב ישראל סטל, שע עמודים, תשע“ח

A few years back (2018) I mentioned Ginzei Chag HaSukkos. This volume is very similar in style to Kovetz Al Yad; it’s a collection of material by Rishonim, all related to Sukkos, the majority of which is printed here for the first time. Various literary genres are represented in this collection: Halacha, Minhag, Piyut, Philosophy and Kabbalah. Each section includes an introduction detailing its significance and the texts are fully annotated. There is also a twenty-five-page index to the work. Sample pages are available.

Number 7:

ר’ אורי טיגר, קומי אורי: דרך איש \ דרך הקודש [רמבם האיסורי ביאה] \ משפט עשה [בדיני איסור ההליכה לערכאות] \ הטבע הרוחני, [תשפ”ד], מח + קכט, לו, סו עמודים

This is collection of four small seforim by R’ Uri Tieger, published in one volume. R’ Tieger has become famous in recent years for the various videos that he released with him in conversation with R’ Chaim Kanievsky zt”l. R’ Tieger is a prolific author and in the past year has released a few new works, including a massive work on Rambam Hilchos Korbon Pesach. I will highlight just one of the works in this collection: Derech Ish. This work is devoted to putting together in a unique format the views & methods of the Chazon Ish on many topics. In addition, this work has numerous notes by R’ Chaim Kanievsky.

Sample pages are available.

Number 8:

כל כתבי רבינו מנשה בן מוהרר יוסף בן פורת מאיליא, מרואי ומקבלי תורת רבינו הגר”א מווילנא, כולל כל פרי רבינו בדפוס ובכתב יד, [תשפ”ד], מהדיר: ר’ דוד קמינצקי, תקעב עמודים

I can’t describe my excitement a few months ago when I received an email from the editor that this volume was published. This is the first time all of R’ Menashe MeIlyah’s material is available in one accessible volume. Sadly, some of his work has not survived. This volume, published by R’ Dovid Kamenetsky, one of the world’s leading experts on the Gra and Gra-related material presents all of R’ Menashe’s works, including material published from manuscript. R’ Dovid has spent much time over the years on this very unique Gaon publishing some of his manuscripts and writing articles about him in the journal Yeshurun. This is an extremely important, deep and unique volume from one of the people from the Gra’s Beis Medrash.

Number 9:

ר’ שמריה שמעריל ברנדריס, עיון תפילה,+24 רמג עמודים, תשפ”א

I became very fond of this work few years back after being introduced to it by two different friends while researching two different projects, the Gra and R’ Efrayim Zalman Margolis. This unknown godol was one of the only talmidim of R’ Efrayim Zalman Margolis. It’s a work on siddur and Halacha, full of many nice points. A few years ago, Machon Aleh Zayis asked me to suggest an obscure work worth republishing; I recommended this work. Their team did a great job of publishing an annotated version and I wrote an introduction attempting to explain and outline its significance. In Yeshurun volume 43 (2021) I revisited this and updated the piece with numerous additions [A PDF is available upon request]. This is a chapter of my work on R’ Efrayim Zalman Margolis, which I hope to publish one day IY”H.

Sample pages are available.

Number 10:

ר’ אריה ליב ליפקין, אור היום, [בירור הלכה בענין בין השמשות וצאת הכוכבים…] עם הערות ולוחות כוכבים לאור, מהדיר: ר’ משה ברוך קופמאן, 27 +רנז עמודים

This important but not well-known work by R’ Aryeh Leib Lipkin, originally published in 1901, is about the complex sugyah of Zemanim. R’ Aryeh Leib was a nephew of R Yisroel Salanter. R’ Dovid Kamenetsky wrote a thorough article about this Gaon in Yeshurun 23 (2010). In addition to his greatness in standard learning, he was also an expert in Astronomy and Kabbalah. This new edition was fully annotated by the noted expert on the subject, R’ Moshe Kaufman, in a beautifully produced volume. Also, see here for an interview of Nachi Weinstein of  Seforim Chatter with the author of the sefer.

Sample pages are available.

Number 11:

רשי השלם, במדבר חלק א, [פ’ במדבר-קרח], מכון אריאל, תשפ”ד, שצ עמודים

Much energy has been spent over the centuries locating Rashi’s sources and understanding his methods. One very valuable tool for understanding Rashi and his sources is a project that began almost forty years ago and slowly has been publishing volumes (to date they have published Eleven volumes). Recently they released part one of Chumash Bamidbar.

Number 12:

ר’ נריה גוטל, רשי צריך עיון – לדרכו של רשי בפירושו לתורה, תשפ”ג, 522 עמודים

One more recent volume related to Rashi is by the prolific R’ Gutel and is extremely useful for those seeking a greater understanding of Rashi on Chumash. R’ Gutel begins the work with a lengthy general introduction about Rashi on Chumash. For each chapter, R’ Gutel chooses one Rashi in the parsha and demonstrates clearly how the various Mefarshim through the ages attempted to deal with the challenges it presents. Through this lens he highlights and carefully analyzes the material, along the way giving one a glimpse into the greatness of Rashi’s work.

Sample pages are available.

Sample pages from each work are available

All Seforim reviewed here can be purchased through me, part of the proceeds helps the efforts of the Seforim Blog.

For more information about purchasing this work, feel free to contact me at Eliezerbrodt@gmail.com




Some Highlights of the Upcoming Taj Art Auction

Some Highlights of the Upcoming Taj Art Auction*

With the proliferation of auction houses and the centralized platform of Bidspirit, there are auctions of Judaica and Hebraica on a weekly, if not more frequent, basis. One of the more recent entrants into this arena is Taj Art, founded in 2021 by Tomer Rosenfeld and Aron Orzel. This Sunday, December 24th, at 7 pm Israel time, Taj Art will be hosting their 11th auction, which includes some items of particular bibliographical and historical note.

The full catalog is available here, and a pdf of the highlights brochure is here.

The first (lot 9) is a work that appears in a story that is a touchstone for the modern feminist agenda.

According to R. Barkuh HaLevi Epstein, he maintained a regular dialogue with Netziv’s first wife, Rayna Batya. Among the topics of conversation was the issue of women studying Jewish literature. Rayna was well-versed and regularly studied an impressive array of Jewish books.

Epstein, in his Mekor Barukh, attempts to place Rayna as less of an anomaly but more as one within a chain, albeit small of women throughout Jewish history that similarly shared Rayna’s interest and erudition of Jewish texts. While there is little doubt that there are examples of such women, many of Epstein’s examples are corrupt at best and deliberate misreading of the sources at worst. Nonetheless, there is little doubt that Rayna was an erudite woman. According to Epstein, Rayna eventually won him over to her position when she identified a responsa that provided that women could study traditional texts. The source was Ma’ayan Ganim. Epstein repeats the position of Ma’ayan Ganim in his commentary on the Torah, Torah Temimah (although without reference to Rayna or a particular episode).

First, we should note that Marc Shapiro has questioned the veracity of the entire story in his article on this site, which is subject to a rebuttal by Y. Lander. Eliyana Adler’s article, “Reading Rayna Batya: The Rebellious Rebbitzen as Self-Reflection,” (available here), collects additional discussions regarding the event and provides her approach to the story. While one can debate the merit and implications for Jewish feminism, it is worth briefly discussing the obscure work Ma’ayan Ganim.

The Ma’ayan Ganim, authored by the Italian rabbi Shmuel Archovalti, was published in 1553 in a small format and consisted of 50 letters intended to guide effective communication. Unlike many other legal systems, Jewish law largely relies on responsa, letters from rabbis in response to queries (although, in some instances, contrived rather than actual). Despite the format, not all letters are legal, and certainly, a text with sample letters intending to serve as a writing tool does not qualify as legally binding. Irrespective of the purpose, the letters demonstrate an interest in the issue that held the interest of many rabbis and others. Similarly, whether or not Epstein created the entire episode or embellished parts of it does not detract from his position that encouraged women’s study of Jewish texts.

While Rayna Batya has enjoyed questionable notoriety, it is disappointing that a woman whose advocacy for women’s study and Jewish women’s rights was well documented and received the respect of leading Jewish rabbis and scholars is today nearly forgotten. Ironically, as Dr. Leiman highlights, the New Jewish Encyclopedia notes that prior Encyclopedias Jewish women were marginalized, it too fails to record Esther. The one exception to this forgetfulness is the Encyclopedia for the Zionist Leaders, which records Esther and some of her accomplishments. Today, however, there is a very robust discussion of many of Esther’s unique contributions and essential ideas that appeared here: https://mizrachi.org/hamizrachi/the-time-of-our-freedom/

It includes translating one of Esther’s articles that appeared in the Jewish press.

Two books are written by R. Yitzhak Chaim Kohen MeChazanim (Cantarini), Et Kets and Pachad Yitzhak (Lot 22). The former was published in 1710 and the latter in 1685. Despite the gap in time, both contain a fully illustrated page that precedes the title page and depicts the Akadeh. Et Kets discusses the messianic era, while Pachad Yitzhak is devoted to discussing the Jews of Padua, avoiding being massacred by an angry mob. Despite the same iconography, the two illustrations were likely done by two different artists and contain subtle but important differences.

Et Kets

The overall depictions are of two different time periods of the Akedah episode. In the first, the illustrations depict Abraham just as he was about to slaughter Isaac and the angel calling to stop him. But, in the second, the illustration is of Abraham going after the ram, not Isaac. The significance of this is tied to the actual books. In Pachad Yitzhak, the book discusses a terrific threat to the Jews and their salvation. Thus, the illustration is similar – the terrific threat to Isaac and salvation. The second work, Et Kets, is a much more positive book. This work has no fear of the prior; instead, it is fully devoted to the Messiah, and thus, the illustration is only of the ram and its sacrifice. Lot 22 is Pachad Yitzhak, the rarer of the two.

Further, different Hebrew words appear in both illustrations. On the first, the word ערכה (prepared or set up) appears across Abraham’s chest. This word expresses Abraham’s readiness to sacrifice Isaac. It would seem, similarly, that the Jews of Padua were willing to sacrifice themselves for God. But the word ערכה only means to prepare and not actually to sacrifice. Thus, Isaac was only prepared but not sacrificed, and so too, the Jews of Padua were placed in danger but ultimately redeemed.

In Et Kets, the words ירא יראה appear. These words reference what Abraham called the place where the Akedah took place. Importantly, Abraham uttered these words after the entire episode. These were words of jubilation on his passing his test and Isaac’s redemption. Again, these words fit well with the content of Et Kets.

These allusions are unsurprising, considering the style of R. Dr. Cantarini. His books are written rather cryptically, with many allusions to Biblical and other themes throughout. (See our fuller discussion here.)

Many Hebrew books include a depiction of the Temple Mount, represented by the Dome of the Rock. However, Lot 43, Zikrohn Yerushalim, published in 1742, consists of a depiction of the Dome of the Rock (surrounded by a Medieval wall and town) but broke new ground in depicting the Kotel to represent the Jewish Temple. This is the first time the Kotel ever appeared in a Jewish book. Yet, only in the 19th century did the Jewish books fully transition to the Kotel rather than the Dome of the Rock.

There are two notable works by R. Emden, his Siddur, (lot 52), and R. Azreil Hildeshiemer’s copy of Meor u-Ketziah (lot 175). This edition of the Siddur is especially important as most of the reprints (until recently) only included the commentary, and the actual text of the Siddur did not reflect many of R. Emden’s approaches and, frequently, a direct conflict between the commentary and the text.

There are some very rare antiquarian books, an incunabulum from Radak, (lot 149), published in 1486 by Soncino. Lot 148 is a leaf from a manuscript of Rambam’s commentary of the Mishna dated to 1222 and transcribed in Yemen. One of the rarest Bomberg volumes of the Talmud is Mesechet Avodah Zarah, lot 32. Of course, because this tractate discusses non-Jews and their relationship to Jews, it was particularly fraught. Indeed, after the resumption of the printing of the Talmud in Basel after the ban in the early 16th century, it omitted this tractate entirely. (There are also two other Bomberg volumes, lots 3334).

Eliyahu HaBakhur (Elia Levita) wrote one of the earliest grammar and dictionaries of Hebrew and Aramaic in the modern period. Lot 86, is the first edition of his Sefer HaBakhur, Isny, 1541.  A more recent reprint was subject to censorship due to including a particular commentary.  See our discussion, “A New Book Censored.”

There are also a few books that contain noteworthy illustrations. Lot 87 is Tzurat ha-Arets, Basel, 1546, which includes astronomical images. Lot 89, is an edition of the fundamental kabbalistic work, Razeil ha-Malakh, that depicts the star of David and kabbalistic amulets.

The issue of rabbinic pay appears to have affected even the greatest of rabbis. Lot 205 is a letter from R. Chaim Ozer to the Vilna community pleading for a raise because he is so destitute that “he will not have money for rent or food.”

In all, there are a number of highly collectible items, and the catalog is certainly worth a closer look.

 

*This is part our series on upcoming auctions, “Auction Highlights.” These provide the opportunity to revisit previous posts and provide short notes about books and other related items.




How many children did Michal have? Explanation of a Talmudic passage in light of the writings of Josephus Flavius

How many children did Michal have? Explanation of a Talmudic passage in light of the writings of Josephus Flavius[1]
 By Chaim Sunitsky
The following Talmudic passage appears in Sanhedrin 19b (we are using mostly Soncino translation):
R. Yossi was asked by his disciples: How could David marry two sisters while they were both living? He answered: He married Michal after the death of Meirav. R. Yehoshua ben Korha said: His marriage to Meirav was contracted in error, as it is said, Deliver me my wife Michal whom I betrothed unto me for a hundred foreskins of the Philistines. How does this prove it? — R. Papa answered: Because he said, My wife Michal but not ‘my wife Meirav’. Now, what was the error in his marriage [with Meirav]? [It was this:] It is written, And it shall be that the man who kills [Goliath], the king will enrich him with great riches and will give him his daughter. Now he [David] went and slew him, whereupon Shaul said to him: I owe you a debt, and if one betroths a woman by a debt, she is not betrothed. Accordingly he gave her to Adriel, as it is written, But it came to pass at the time when Meirav, Shaul’s daughter should have been given to David, that she was given to Adriel the Meholatite to wife. Then Shaul said to David, ‘If you still wish me to give you Michal to wife, go and bring me hundred foreskins of the Philistines.’ He went and brought them to him. Then he said: ‘You now have two claims on me, [the repayment of] a loan and a perutah’. Now, Shaul held
that when a loan and a perutah are offered [as kidushin], he [the would-be husband] thinks mainly of the loan; but in David’s view, when there is a loan and a perutah, the mind is set on the perutah. Or if you like, I will say, all agree that where a loan and a perutah [are offered], the mind is set on the perutah. Shaul, however, thought that [the hundred foreskins] had no value, while David held that they had value at least as food for dogs and cats. How does R. Yossi interpret the verse, Deliver me my wife Michal? He explains it by
another view of his. For it has been taught: R. Yossi used to interpret the following confused passage thus: It is written, But the king took the two sons of Rizpah the daughter of Ayah whom she bore to Shaul, Armoni and Mephiboshet, and the five sons of Michal, the daughter of Shaul, whom she bore to Adriel the son of Barzillai, the Meholatite etc. But was Michal really given to Adriel; was she not given to Palti the son of Layish, as it is written, Now Shaul had given Michal, David’s wife, to Palti the son of Layish . . .? But Scripture compares the marriage of Meirav to Adriel to that of Michal to Palti, to teach that just as the marriage of Michal to Palti was unlawful, so was that of Meirav to Adriel. Now as to R. Yehoshua ben Korha, surely it is written, And the five sons of Michal the daughter of Shaul whom she bore to Adriel. R. Yehoshua [b. Korha] answers thee: Was it then Michal who bore them? Surely it was rather Meirav who bore them! But Meirav bore and Michal brought them up, therefore they were called by her name. This teaches you that whoever brings up an orphan in his home, Scripture ascribes it to him as though he had begotten him.
The accepted understanding of this passage is that according to Rabbi Yossi David married Michal only after her sister had five children from Adriel and died. Michal later brought up the five children as her own. The commentators[2] ask how Meirav could possibly have five children within just two and a half years of Shaul’s reign and answer that she was pregnant with twins twice, and once with the fifth child.  However, according to the calculation of all the events that had to occur before David married Michal and after he ran away from Shaul, there is not enough time left for three pregnancies of Meirav[3]. We need to look for a simpler understanding of the Talmud.
The difficulty of the Gemara is with the following verse from the end of David’s life (Shmuel 2:21:8): “And the king [David] took two sons of Rizpah daughter of Ayah whom she bore to Shaul, Armoni and Mephiboshet, and the five sons of Michal, the daughter of Shaul, whom she bore to Adriel the son of Barzillai, the Meholatite …” Five children of Michal and Adriel are mentioned in this verse. All the commentators follow the explanation of our Gemara that the children were born to Meirav and Michal only raised them. But a careful reading seems to reveal that R. Yossi is not the one who holds that the five children were Meirav’s. This explanation is provided by the Gemara later according to Rabbi Yehoshua ben Karcha. If so, R. Yossi must hold that indeed Michal was the one to have the five children. Since David only took her back seven years after he became king, there was plenty of time for her to give birth to five children. But Michal was never married to Adriel, she was “married” to Palti. It’s important to understand what Rabbi Yossi is implying by his words “confused passage” (מקראות מעורבין literally mixed up verses). Apparently he means that while Michal married Palti, the verse is using the expression “married to Adriel” to teach us that the marriage of Michal to Palti was just as sinful as the marriage of Meirav to Adriel. Both marriages were based on an incorrect decision of Shaul and his Bet Din. David’s Kidushin with Meirav was declared invalid and his later Kidushin with Michal was declared invalid again[4]. Indeed Josephus Flavius (Antiquities 7:4:3) says that Michal had five children from Palti.
Now we can offer a simple understanding of the entire Talmudic passage. The students asked R. Yossi, how could David marry two sisters? They are obviously assuming that some form of Kidushin was involved when Shaul offered his (presumably older[5]) daughter to the one who kills Goliath[6]. If David was technically married to Meirav he could not marry Michal even if Meirav was incorrectly given to a different man. R. Yossi answered that Meirav died before David married Michal. R. Yehoshua ben Karcha however holds that there was no kosher Kidushin between David and Meirav. He learns it from the words in a verse: “my wife Michal”, meaning only Michal is my wife, Meirav is not. The Gemara goes into the technical explanation of why Michal’s Kidushin was valid and not Meirav’s according to R. Yehoshua ben Karcha. R. Yossi however only learns from this verse that Michal was David’s wife meaning her Kidushin was valid just as Meirav’s, and giving her to Palti was incorrect. He learns that the verse (Shmuel 2:21:8) describing David’s giving five children of Michal and Adriel to Givonim[7] were really Michal’s children from Palti and is using the expression “mixed up verses” to teach us that Michal’s Kidushin with David was valid just like Meirav’s was.[8] R. Yehoshua ben Karcha however says the verse in Shmuel 2:21:8 is not talking about Michal’s children but about Meirav’s children whom Michal raised. The Gemara goes on to give other examples where children raised by someone are considered like one’s own children.

 

[1] Note that this article does not claim to research the words of Tanach but only the Chazal’s explanation of it. In particular we are trying to offer a novel explanation of R. Yossi’s shita in the Gemara. We will use a novel idea supported by Yosef ben Matityahu. While he was a controversial person at best, he had excellent Jewish education and his traditions are largely reliable and generally represent the opinions of Tanaim of his time. He is quoted numerous times in Daat Sofrim and other traditional commentaries.
[2] Yad Ramah, Tosafot Harosh.
[3] See Margoilyot Hayam. He therefore concludes that we must accept the shitah of Rabeinu Yeshaya on Shmuel (1:13:1) that the two and a half years that Shaul had ruled are only considered until the time David was anointed. However this shitah is in contradiction with Seder Olam which is a product of Rabbi Yossi himself. In the commentary of Gaonim on Sanhedrin another possibility is offered that Shaul himself did not realize that Meirav had been married to Adriel when he offeredher to David. Incidentally modern scholarship supposes that Shaul ruled over Israel for more than two years and possibly the word “thirty” is missing in Masoretic text before the word “two” in Shmuel 1:13:1: “[thirty] two years he ruled in over Israel.” Abarbanel has a different explanation of our text according to which Shaul also ruled longer.
[4] It is also possible (though this is not R. Yossi’s shita) that Palti was the same person as Adriel and Shaul first gave Meirav to Adriel and later when she died soon after this marriage and David was running away from Shaul and was considered a rebel, Meirav’s sister Michal was given to Adriel who was now called Palti.
[5] See Tosafot Kidushin 52b.
[6] As to the nature of this Kidushin, we do find some cases where “work” performed is counted as Kidushin as well as saving from danger (see Kidushin 8b, in particular “saving from a dog” in 30:11). Apparently both R. Yossi and his students don’t question that some kind of Kidushin happened here, and if Meirav was no longer minor it must be that she either agreed on Shaul’s proposal or made Shaul her shliach to accept such a Kidushin as saving from a “dog” (incidentally Goliath is in fact compared to a dog, see Sota 42b).
[7] Note that according to David these children were mamzerim.
[8] As mentioned previously neither R. Yossi nor his students had any doubt that Meirav’s Kidushin was valid. Therefore the verse used that Kidushin to compare to Kidushin of Michal and emphasize that giving Michal to Palti was just as sinful as giving Meirav to Adriel. The verse therefore means: “And the king took two sons of Rizpah daughter of Ayah whom she bore to Shaul, Armoni and Mephiboshet, and the five sons of Michal, the daughter of Shaul, whom she bore to [Palti to whom she was given incorrectly just like Meirav was given to] Adriel the son of Barzillai, the Meholatite”. This may be similar to Chazal’s explanation of Zecharia 12:11: “On that day the mourning will be as great in Yerushalaim as the mourning of Hadadrimon in the valley of Megiddo”. There is no known tragic incident in our history that is related to Hadadrimon and the valley of Megiddo. The Talmud (Megilah 3a) quotes the Targum adding a number of words and relating this verse to two different events: “On that day the mourning will be as great in Yerushalaim as the mourning of [Ahab who was killed by] Hadadrimon [and the mourning of Yeshayahu who was killed] in the valley of Megiddo.