Errors in New Kuntras HaTeshuvot

As some have already noted, there is a completely new edition of Boaz Cohen’s Kuntras HaTeshuvot. This edition edited by Shmuel Glick totally reworks Cohen’s work. Supposedly this new work benefited from many subsequent bibliographies as well as the Institute for Jewish Bibliography.

While this is an vast improvement in my quick read (I only received it today) I was amazed at what this lacked and in my mind errors.

The first is for the entry for the Besamim Rosh the famed possible forgery attributed to R. Asher b. Yecheil. In their entry they first note that examined the Krakow 1881 edition. Now aside from not looking at the first edition which is not hard to come by there is a greater error here. Specifically, they do not note that this edition is missing two teshuvot. So while they provide a bibliography listing articles discussing the Besamim Rosh they fail to mention the most important thing that if one gets the wrong edition they will not have the full text. Even though they comment there are 392 teshuvot they did not bother to count or to even read the articles they cite (which note this absence). This are not minor teshuvot either, in fact, the one on suicide which this edition leaves out is perhaps the most well-known and cited one from the entire volume.

The next error is in regards to the Hatam Sofer. Again they have a long entry about the various editions and then list the various editions. But here they totally missed out on the first edition of this work. The first time teshuvot from the Hatam Sofer appeared was not as a separate work but as part of another work. In Prague 1826 edition of the Ri Megash from pages 31b until 42a there is Kuntras Hiddushi Torah v’Gam She’alot v’Teshuvot m’admu HaRav HaGaon . . . R. Moshe Sofer. In fact, on the title pages it even notes that this includes teshuvot from Hatam Sofer. This is listed in the Bibliography of the Hebrew Book and a simple computer search would have revealed this information.

Additionally, the sources which are provided are rather uneven. Again, this is only from my limited viewing of it and I may revise but if one looks at the entry for Eleh Divrei HaBrit which deals with, among other things, the controversy regarding placing an organ in shul. In that entry they provide Haberman’s article on the topic but not Binayahu’s article or Samet’s which both appeared in Asuphot vol. 1 and 5 respectively. In fact, the book Ohr Nogeh which is Liberman’s book on the topic does not have an entry. While perhaps they considered this part of the work Nogeah HaTzedek there doesn’t seem to be a reason to do so. Also, they do not include the book Tzror Hayyim which was published a year after Eleh and is devote to the very same topics in their list of books and articles discussing the organ. This is so eventhough the first teshuva discussed the organ exclusively.




Book Review: ‘After Revelation: The Rabbinic Past in the Medieval Islamic World’, by Marc D. Herman

Review of ‘After Revelation: The Rabbinic Past in the Medieval Islamic World’, by Marc D. Herman

Reviewed by Eliyahu Krakowski

 

Dr. Marc Herman’s After Revelation: The Rabbinic Past in the Medieval Islamic World (University of Pennsylvania Press, 2025) examines shifting conceptions of Torah she-beʿal peh within the Judeo-Islamic world from the geonic period through the time of Maimonides.[1] Beginning with Rav Saadya Gaon and concluding with the Rambam, Herman traces a gradual reorientation away from the geonic understanding of Torah she-beʿal peh as wholly revealed toward the Maimonidean position, in which human interpretation plays a constitutive role in the formation of rabbinic law. Alongside his analysis of Jewish legal sources, Herman situates these developments within their broader intellectual environment, drawing careful parallels to contemporaneous trends in Islamic jurisprudence and legal theory. In tracing this shift, the book clarifies how medieval Jewish thinkers conceptualized the authority of Torah she-beʿal peh, and how those conceptions correspond to broader jurisprudential models current in the Islamic world.

But beyond its central thesis, the book assembles a substantial body of sources bearing on a range of foundational questions, including rabbinic authority, legal innovation, and the historical development of Torah she-beʿal peh. Many of the texts Herman discusses are drawn from recently published fragments or from manuscripts that remain unpublished, and several appear to have received little or no attention in prior scholarship. Rather than offering a comprehensive or conventional review, I will focus here on a selection of sources that I found particularly significant and that contribute to a more precise understanding of several of the issues under discussion. Because Herman’s treatment of these materials is often brief, expanding upon certain sources and arguments in greater detail is worthwhile.

  1. Adding to Torah Prohibitions and the Tree of Knowledge 

The story of Adam and Eve contains an interesting example of what, depending on one’s perspective, can either be seen as a (very early) model of rabbinic legislation or as a problematic example of proto-bal tosif, the prohibition of adding to the Torah. When repeating God’s command not to eat from the Tree of Knowledge, Eve apparently adds to the prohibition (Gen. 3:3): “But from the fruit of the tree which is in the middle of the garden, God has said, ‘You may not eat from it and you may not touch it, lest you die.’” Every yeshiva student is familiar with Rashi’s interpretation:

“‘And you shall not touch it’ – she added to the command; therefore she came to detraction, as it is said: “Do not add to His words” (Proverbs 30:6).”

This, in turn, is based on the Gemara (Sanhedrin 29a):

“Hizkiyah said: From where is it derived that whoever adds, detracts? As it is stated: ‘God said: You shall not eat from it and you shall not touch it.’”

However, according to Avot de-Rabbi Natan (version 1, 1:5), it appears that the added prohibition was in fact a prototypical seyag, a protective fence of the sort we are instructed to erect in order to safeguard the Torah:

“And make a fence for your words, just as the Holy One, blessed be He, made a fence for His words; and Adam the First made a fence for his words … What was the fence that Adam the First made for his words? As it says: ‘And the Lord God commanded … for on the day that you eat of it you shall surely die’ (Genesis 2:17). Adam the First did not wish to say to Eve exactly as the Holy One, blessed be He, had said to him; rather, he said to her thus, and he made a fence for his words beyond what the Holy One, blessed be He, had said to him: ‘But from the fruit of the tree that is in the midst of the garden God said: You shall not eat from it and you shall not touch it, lest you die,’ for he wished to guard himself and Eve from the tree even through mere touching.”

In the context of Karaite critiques of rabbinic authority, this question took on heightened urgency. Herman (39-40) refers to Rav Saadya Gaon’s commentary on Genesis 3:1, which elaborates the positive reading found in Avot de-Rabbi Natan:

“The fifth question: On what basis did Eve say, ‘and you shall not touch it,’ when God did not say this to Adam?

The answer: After God said to Adam not to eat from the Tree of Knowledge, he instituted a safeguard for the matter and refrained even from touching it, so that if some mishap should occur in this regard, it would fall upon what he himself had added and not upon the essence of the prohibition. This is like an expert physician who wishes to distance a patient from eating meat and therefore also warns him against poultry, so that if he should treat the command lightly he will stumble with poultry and not with actual meat. On this basis our predecessors instructed us: ‘Make a fence for the Torah’ … and in all these cases, and others like them, we rely upon what the Torah itself prohibited as a matter of protection and fencing, as it is written: ‘He shall not multiply wives for himself, lest his heart turn astray’; and ‘silver and gold he shall not multiply for himself exceedingly, lest his heart grow haughty,’ and the like.”

Rav Saadya likens Adam’s added prohibition to the case of a patient who is forbidden to eat meat and whose physician therefore also prohibits poultry. As Herman observes, the analogy closely recalls the rabbinic prohibition of poultry with milk. Notably, in this instance Rav Saadya is prepared to treat the added restriction as Adam’s own enactment, a position that sits uneasily with his more general tendency to ground even rabbinic legislation in divine authority.

Elsewhere (80), Herman cites the eleventh century Andalusian commentator R. Yehuda Ibn Balaam who went a step further and “described the addition of a prohibition against touching the forbidden tree in the Garden of Eden (Genesis 3:3) as the sound exertion of legal thinking (ijtihād).”[2] It seems that according to Ibn Balaam, in contrast to Rav Saadya, this is not merely a discretionary seyag but a logical extension of the law. In other words, according to Rav Saadya, the prohibition of touching the Tree of Knowledge would have been classified under the Rambam’s first shoresh in Sefer ha-Mitzvot, namely rabbinic enactments, whereas according to Ibn Balaam it would fall under the second shoresh, that of rabbinic derashot or derivations.[3]

  1. Rabbinic Legislation and Adding to the Torah

Another obscure yet significant source cited by Herman bears on a question raised forcefully in Karaite polemics, namely, why rabbinic legislation does not itself constitute a violation of the biblical prohibition against adding to the Torah. Herman (27) points to Rav Saadya Gaon’s discussion in his work on the calendar, the Kitāb al-Tamyīz (Book of Distinction), where Saadya emphasizes that the prohibition of adding to revelation applies to “all that I have commanded you” (Deut. 4:2; 13:1), and not to “all that I have written for you.” On this view, rabbinic enactments cannot be considered impermissible additions, since they themselves form part of the revealed command structure. The relevant text survives only in an Arabic fragment published by Hartwig Hirschfeld in 1903.[4]

Herman (90) also cites R. Yehudah ha-Levi’s response to this challenge in the Kuzari (3:41). Ha-Levi explains that the biblical prohibition was directed at the masses, in order to prevent them from conjecturing, theorizing, and legislating on the basis of their own reasoning, as the Karaites did. Laws instituted by the Sanhedrin or by prophets, according to ha-Levi, are categorically excluded from the scope of this prohibition. Notably, Maimonides appears to adopt the opposite position. In his view, it is precisely authoritative figures such as prophets or the Sanhedrin who are capable of violating the prohibition of bal tosif.[5] But Maimonides’ formulation in Hilkhot Mamrim 2:9 (cited above, note 3) represents an even sharper rejection of Rav Saadya’s approach. According to the Rambam, bal tosif is violated precisely by collapsing the distinction between rabbinic legislation and divine command, thereby presenting the former as if it were itself part of the Torah. This could serve as a description of Rav Saadya’s enterprise. 

It is also noteworthy that figures operating within the Karaite orbit accepted the premise underlying the question, namely, that there exists a general prohibition against adding new laws to the Torah. By contrast, rabbinic authorities more distant from anti-Karaite polemics, such as Rashi, R. Yosef Albo, and the Maharal, rejected this premise altogether. On their account, bal tosif does not prohibit the introduction of new mitzvot, but rather the alteration of an existing mitzvah’s internal structure, such as adding a fifth passage to the tefillin. From this perspective, rabbinic legislation bears no relation to the prohibition of bal tosif at all.[6]

  1. Hanukkah from Where in the Torah?

Rav Saadya Gaon’s discussion of Hanukkah provides a clear illustration of a broader geonic tendency: to anchor what might otherwise appear to be rabbinic innovations or postbiblical developments in biblical revelation itself. As Herman (29) notes:

“Saadia was anxious to uphold divine authority for Hanukkah, the formulations and structures of many prayers, court oaths, communal bans, the second day of festivals observed in the diaspora, and even one passage in a lament by Eliezer Qillir… Saadia adopted a variety of strategies to depict these practices as supported by divine revelation. Written revelation, he claimed, actually refers indirectly to legal institutions that might be considered postbiblical, such as the festival of Hanukkah, the observance of two days to mark some new lunar months, or the rules of the Jewish calendar.”

One of the sources Herman adduces in this context is a passage from the the recently recovered complete Sefer ha-Mitzvot of Rav Saadya, in which Rav Saadya seeks to ground the festival of Hanukkah in biblical prophecy:

“The tradition has established that there will be a day on which He will deliver us from the descendant of Amalek … and that when the Lord grants victory to the sons of Levi in their war against those who rise against them, that time shall be honored, as it is said: “Bless, O Lord, his valor, and accept the work of his hands; crush the loins of those who rise against him, and of those who hate him, that they rise no more” (Deut. 33:11). And we do not find that they fought anyone other than the Greeks.”[7]

This passage is particularly illuminating when read alongside Maimonides’ remarks in the first shoresh of his own Sefer ha-Mitzvot, where he sharply criticizes those who would count Hanukkah among the 613 commandments:

“I do not suppose that anyone would imagine, or that it would even occur to anyone’s mind, that it was said to Moses at Sinai that he should command us that, if at the end of our kingdom such-and-such should occur with the Greeks, we would then be obligated to light the Hanukkah lamp.”[8]

The position that Maimonides declares inconceivable is, in fact, precisely the one advanced by Rav Saadya. Because Maimonides elsewhere explicitly objects to the Behag’s enumeration, and because the Behag does count ner Hanukkah as a mitzvah, it has generally been assumed that Maimonides’ polemic here is directed against the Behag. The discovery of this passage, however, together with another like it in Rav Saadya’s writings, reveals that Maimonides’ criticism is not aimed at a merely theoretical justification for counting Hanukkah, but at Rav Saadya’s concrete attempt to ground the obligation in biblical revelation.[9] Herman (104) himself emphasizes this point, noting that:

“This was something of a pattern for Maimonides, who was reluctant to name Saadia even when strongly disagreeing with him. But it is hard, in fact, not to read Maimonides’s presentations of the Oral Torah as a pointed rebuttal of the views of the Egyptian-born gaon.”[10]

The same geonic impulse to locate Hanukkah within the orbit of biblical revelation appears elsewhere as well. In his discussion of the Torah center of Kairouan, Herman (67) observes that R. Nissim Gaon likewise adopted Rav Saadya’s position regarding the divine authority of Hanukkah, repeating a midrash according to which the festival had already been foretold to the biblical Aaron. This refers to the well-known passage cited by Nahmanides in his commentary on Behaʿalotekha (Num. 8:2):

“Why is the section of the Menorah juxtaposed with the dedication of the princes? When Aaron saw the dedication of the princes, his spirit sank, for neither he nor his tribe had participated in the dedication. The Holy One, blessed be He, said to him: ‘By your life, yours is greater than theirs, for you kindle and prepare the lamps morning and evening’this is the language of Rashi, citing an aggadic midrash… The intent of this aggadah is to expound a hint from the passage concerning the dedication of the lamps that would take place in the Second Temple through Aaron and his sonsthat is, the Hasmonean High Priest and his sons. I found it stated in this very language in the Megillat Setarim of Rabbeinu Nissim, who cites this aggadah and says: ‘I saw in a midrash: once the twelve tribes had brought offerings and the tribe of Levi had not brought [any]… the Holy One, blessed be He, said to Moses: ‘Speak to Aaron and say to him’there will be another dedication [hanukkah] involving the lighting of lamps in which I will perform miracles and deliverance for Israel, through your descendants. [This] dedication will be named for them, namely the Hanukkah of the sons of the Hasmoneans. Therefore this section was juxtaposed to the section of the dedication of the altar’.”

This is a celebrated passage in Nahmanides’ commentary, but when read against the background of geonic polemics and the geonic impulse to locate later rabbinic enactments within biblical revelation, it takes on a new significance. Herman draws attention in this connection to the landmark work of Yosef Ofer and Jonathan Jacobs on Nahmanides, which reconstructs the layered development of Nahmanides’ Torah commentary on the basis of authorial update lists and a comprehensive comparison of manuscript traditions. Ofer and Jacobs demonstrate that the passage attributing Hanukkah to Aaron through R. Nissim Gaon’s Megillat Setarim belongs to Nahmanides’ later additions, composed after his arrival in Eretz Yisrael, and that in earlier recensions of his commentary Nahmanides struggled to resolve the difficulties posed by this midrash.[11]

  1. A Sage is Superior to a Prophet

Interpretations of the talmudic dictum hakham adif mi-navi, “a sage is superior to a prophet” (Bava Batra 12a), offer a revealing lens through which to assess medieval attitudes toward the relative status of divine revelation and human juridical creativity. In a substantial study published two decades ago, Alon Goshen-Gottstein traces the reception history of this dictum and concludes that it was largely ignored prior to the emergence of the Book of the Zohar.[12] Herman (81-82), however, draws attention to a significant pre-Zohar interpretation that appears to have gone largely unnoticed in this discussion, preserved in the commentary of R. Isaac Ibn Ghiyath, commonly known by his acronym רי״ץ גיאת, to Kohelet:

“Upon proper reflection, I have found that the sages of the Torah possess a superiority over the prophets. For the former draw forth [insights] from their intellectual inquiry and the illuminations of their intellect: they innovate new teachings from foundational principles and derive consequences from root concepts. The latter, by contrast, are guided only by prophecy and directed by prophetic vision alone. You already know what occurred with respect to what the prophet Nathan said to David, ‘Do all that is in your heart, for the Lord is with you’ (II Sam. 7:3) – and he was mistaken; whereas Solomon’s ruling in the case of the two women was successful. It is to this distinction that the saying refers: ‘A sage is superior to a prophet.’”[13]

As Herman observes, Ibn Ghiyath’s interpretation is “closer to that of the Qaraite Qirqisaniwho had cited it to show that the ancient rabbis themselves admitted to ‘extracting’ new lawthan to geonic-era apologetics.” In other words, this interpretation stands in contrast to the geonic claim that Torah she-beʿal peh is all revealed law, instead seeing the active process of building upon revelation by means of human wisdom as a higher achievement than the passive process of receiving prophetic instruction. This helps explain why this dictum received little attention in certain eras. In the context of anti-Karaite polemics, openly conceding the primacy of human legal creativity over prophecy was potentially destabilizing. Yet Herman does not emphasize the significance of Ibn Ghiyath’s comment in the history of the interpretation of this saying, noteworthy in its own right.[14]

  1. Increasing Andalusian Independence

A recurring theme throughout Herman’s work is the growing independence of non-Iraqi scholars, such as R. Hananel, R. Shmuel ha-Nagid, the Rif, and R. Joseph Ibn Migash, from the authority of the Babylonian geonim. This is the intellectual world into which Maimonides was born. Herman (104-105) highlights one particularly telling instance in which Maimonides explicitly defends his Andalusian tradition against claims of Babylonian hegemony:

“[I]n a polemic against against Samuel ben ‘Eli…who claimed the title gaon, Maimonides provided a list of Andalusi “geonim” to support his view: Ibn Ghiyath, al-Baliya, al-Fasi, and Maimonides’s own father’s teacher, Ibn Migash. Maimonides asked: ‘Should one not heed the words of our geonim because they are not Babylonian [i.e., Iraqi]? Is it possible that locale is determinative [she-maqom gorem]?’ While these examples show a sense of continuity with the Andalusi tradition, Maimonidean innovations nevertheless abounded…”

Herman offers a nuanced account of the gradual emergence of Andalusian scholarly independence from geonic authority, culminating in Maimonides’ own complex stance toward the inherited geonic tradition.[15]

These few examples from this densely referenced work should suffice to illustrate the wealth of material contained within. Dr. Marc Herman’s After Revelation: The Rabbinic Past in the Medieval Islamic World is distinguished by its meticulous research and careful presentation of sources, a quality that is especially welcome in the current scholarly landscape. In addition, by focusing on a specific historical era which has received relatively little scrutiny, Herman has brought to light a rich array of material which deserves the attention of anyone interested in the development of the concept of Torah sheb’eal peh.

[1] Full disclosure: the author of the book under review, Dr. Marc Herman, is a longtime friend to whom I often turn with questions regarding Maimonides’ Sefer ha-Mitzvot. References to his pages are given parenthetically in the text. Readers of The Seforim Blog may already be familiar with his work through his review in Marc Herman,  “Review of ‘Ha-Sefer ha-Kollel (Kitāb al-Hāwī)’, by Rabbi David ben Saʿadya al-Ger,” The Seforim Blog (4 September 2024), available here. My thanks to Seforim Blog editor Menachem Butler for his editorial review and comments.
[2]
Herman cites Ibn Balaam’s comment from Maaravi Perez, “Another fragment from Kitāb al-Tarjīḥ by R. Yehuda Ibn Balaam: Genesis 2:11-4:9; 8:10-20,” Proceedings of the American Academy for Jewish Research, vol. 57 (1990-1991): 8 (Hebrew), available here; the fragment is also available via the remarkable alhatorah.org.
[3]
 For a discussion of the tension between seyag and bal tosif as it arises from the narrative of Adam and Eve, see R. Bezalel Naor, “Mitzvat Hashem Barah,” printed at the conclusion of his edition of the Rashba’s Maʾamar ʿal Yishmael, ed. Bezalel Naor (Spring Valley, NY: Orot, 2008), 87-91 (Hebrew). His discussion displays his characteristic breadth of learning, though he does not cite the sources later adduced by Herman; conversely, Herman does not refer to Naor’s treatment. Notably, the Hida (Ahavat David, derush 13) explicitly confronts the apparent contradiction between the position of the Gemara with that of Avot de-Rabbi Natan and proposes a reconciliation:

“The matter is straightforward: Adam the First certainly acted properly in making a fence. However, he should have said, “This is the command of the Lord, and I am making a fence with respect to touching,’ and in that case Eve would not have erred. It was from this aspect that the mishap emerged, and this is what is meant by the conclusion, ‘A person should not add to the words he hears’; that is, one should not attribute the addition to the original speaker.”

See also R. David Zvi Hoffmann’s commentary to Genesis 3:1, and R. Yaakov Kamenetsky, Emet le-Yaʿakov, Genesis 3:3, who develop the same distinction—between legitimate protective legislation and its improper attribution to divine command. R. Yaakov Kamenetsky articulates this concept pointedly in his commentary to Avot 2:5:

“The essential point is that one know that he is keeping this only as a fence, and not as an essential matter in its own right … for if this is not known, one may come to great stumbling blocks. It appears that Adam the First himself stumbled precisely in this matter in the sin of the Tree of Knowledge, and from this grew and developed the entire notion of sin and iniquity in the world, with the resulting consequence death.”

Against this backdrop, R. Bezalel Naor draws attention to a difficult comment of the Moshav Zekenim. The Moshav Zekenim cites the following question of the tosafist R. Isaac [presumably Riʾ of Dampierre]:

“You shall not eat and you shall not touch”—from here [we learn that] whoever adds, detracts, for the Holy One, blessed be He, commanded only with respect to eating. And R. Isaac finds this difficult: perhaps she acted by way of distancing, as we find with respect to the nazirite… and this requires further investigation.”

Why, R. Naor asks, did the Moshav Zekenim not explain that the difficulty with this seyag lay specifically in its attribution to God Himself, as is made explicit in the aforementioned sources? One possible answer emerges from the Maharil’s account of asmakhta. See Maharil, Likkutim, no. 70 (quoted by R. Asher Weiss, Minhat Asher, Devarim, p. 37):

“Wherever it is stated [that something is] rabbinic and the verse is merely an asmakhta, this is its meaning: it is certainly a rabbinic enactment, and they went and examined and found for themselves a scriptural support, and they anchored their words to it in order to strengthen them—so that people would think it is of Torah origin and be stringent with it, and not come to treat the words of the Sages lightly and leniently. (In the Mekhon Yerushalayim edition there is another version: ‘in order to mislead them.’)”

According to the Maharil, the purpose of an asmakhta is precisely to cause people to attribute divine authority to a rabbinic enactment. This would also appear to be the most straightforward explanation of the Raʾavad’s gloss to Hilkhot Mamrim 2:9. Maimonides explains that the difference between prescribed rabbinic enactments and proscribed bal tosif lies in their attribution: 

“Since a court has authority to decree and prohibit something permitted, and its prohibition may stand for generations … what, then, is the meaning of the Torah’s warning ‘You shall not add to it nor detract from it’? That one should not add to the words of the Torah nor detract from them, and establish the matter permanently as Torah law.”

On this, Raʾavad comments: 

“All of this is mere wind, for anything they decreed and prohibited as a fence and safeguard for the Torah does not constitute adding, even if they established it for generations, treated it as Torah law, and anchored it to Scripture, as we find in many places where something is rabbinic and the verse is merely an asmakhta.”

Raʾavad apparently sees the existence of asmakhta as a refutation of Maimonides’ position. Cf. the Vilna Gaon’s comment in Aderet Eliyahu, Genesis 3:3, which offers another defense of Eve’s “fence.”
[4]
Hartwig Hirschfeld, “The Arabic Portion of the Cairo Genizah at Cambridge (Third Article): Saadyah Fragments,” Jewish Quarterly Review, vol. 16, no. 1 [old series] (October 1903): 103, available here.
[5]
See my article in Eliyahu Krakowski, “Is a Prophet Authorized to Institute a Rabbinic Commandment? A Halakhic Clarification and Its Implications for Maimonidean Thought,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 12 (Fall 2011): 26-28 (Hebrew), available here, for a detailed analysis of Rambam’s position that the prohibition of bal tosif applies precisely to prophetic or judicial claims of divine authority. R. Asher Weiss formulates this point as a matter of halakhah le-maʿaseh in response to a question posed by his teacher, the Divrei Yatziv:

“My teacher and master, the holy rabbi, our master [Rabbi Yekusiel Yehudah Halberstam], wrote in Responsa Divrei Yatziv (Orah Hayyim §214) to comment on the formula le-shem yihud customarily recited by Hasidim prior to the counting of the ʿomer, in which it is said: “to fulfill the positive commandment of the counting of the ʿomer, as written in the Torah, etc.” This formulation implies that the obligation in question is a de-oraita commandment, and thus constitutes an addition to the commandments and a violation of bal tosif according to the view of Maimonides. For this reason, he adopted the practice of saying instead: “to fulfill the commandment of the counting of the ʿomer, and it is written in the Torah, etc.,” so that it should not be understood as a de-oraita commandment, but rather in a formulation that is also compatible with a rabbinic commandment… In my view, however, even though this observation has merit, as a matter of strict law there is no objection here, for several reasons. First, there is no prohibition involved except in the context of formal legal instruction issued by a court or by a sage rendering authoritative rulings to others; this has no application to a devotional prayer recited informally by each individual person…”

This represents the distinctively Maimonidean understanding of bal tosif, in marked contrast to the approach articulated by R. Yehuda ha-Levi.
[6]
 See Rashi to Deut. 4:2 and 13:1; Sefer ha-Ikkarim 3:14; Maharal, Beʾer ha-Golah, beʾer 1; cf. Nahmanides to Deut. 4:2. Notably, both sides in the Karaite-rabbinic controversy presupposed that bal tosif prohibits the introduction of new laws as such, even though this assumption was rejected by a number of rabbinic authorities operating at some remove from the immediate polemical context. A structurally analogous phenomenon, in which opposing camps converge upon a shared but historically secondary interpretation of a source, can be observed in the medieval debates over hokhmat yevanit. See Eliyahu Krakowski, “How Much Greek in ‘Greek Wisdom’? On the Meaning of Hokhmat Yevanit,” The Seforim Blog (27 December 2011), available here, where I argue that the identification of hokhmat yevanit with Greek philosophy represents a thirteenth-century polemical development rather than the original talmudic meaning, even though both sides in the controversy itself accepted this understanding.
[7]
 Rav Saadya Gaon, Sefer ha-Mitzvot (Kitāb al-Sharāʾiʿ), ed. and trans. Nissim Sabato (Jerusalem: The Ben-Zvi Institute, 2019), 199 (Hebrew). My thanks to Rabbi Dr. Eliezer Brodt for obtaining a copy of this important work for me. The text is also available on alhatorah.org, and should not be confused with R. Yeruham Fishel Perla’s monumental commentary on Rav Saadya’s poetic Azharot.
[8]
 See, now, the newly-published edition of Maimonides, Sefer ha-Mitzvot, ed. R. Yitzhak Sheilat (Jerusalem, 2025), 39-40 (Hebrew). It is surprising that R. Sheilat, who serves as rosh yeshiva of Yeshivat Birkat Moshe alongside R. Sabato, does not reference in this context Rav Saadya’s Sefer ha-Mitzvot.
[9]
 For an otherwise insightful discussion of this passage, see Moshe Halbertal, Maimonides: Life and Thought (Princeton: Princeton University Press, 2014), 111-116, who perceptively analyzes Maimonides’ objection to the enumeration of rabbinic enactments but does not identify Rav Saadya Gaon as the concrete target of the critique.
[10]
In his notes to this passage in Rav Saadya Gaon’s Sefer ha-Mitzvot, R. Haim Sabato expresses caution as to whether Maimonides had Rav Saadya specifically in mind. However, Herman’s view is compelling. For a fuller treatment of whether Maimonides’ critique in Sefer ha-Mitzvot is aimed specifically at Rav Saadya Gaon, see R. Haim Sabato, “Did Maimonides Know Rav Saadya Gaon’s Complete Sefer ha-Mitzvot?” in Zvi Heber and Carmiel Cohen, eds., MiBirkat Moshe: Maimonidean Studies in Honor of Rabbi Nahum Eliezer Rabinovitch, vol. 2 (Maʿale-Adumim: Maʿaliyot, 2012), 757-763 (Hebrew), available here, and Marc D. Herman, “Systematizing God’s Law: Rabbanite Jurisprudence in the Islamic World from the Tenth to the Thirteenth Centuries,” (PhD Dissertation, University of Pennsylvania, 2016), 167-168, 301, available here.
[11]
 See Nahmanides’ Torah Commentary Addenda Written in the Land of Israel, eds. Yosef Ofer and Jonathan Jacobs (Jerusalem: Herzog Academic College and the World Union of Jewish Studies, 2013), 430-432 (Hebrew).
[12]
 See Alon Goshen-Gottstein, “The Sage is Superior to the Prophet: The Conception of Torah through the Prism of this Proverb through the Ages,” in Howard Kreisel, ed., Study and Knowledge in Jewish Thought (Beer Sheva: Ben Gurion University of the Negev, 2006), 37-78 (Hebrew), available here, who identifies two citations of this dictum in sources that predate the Sefer ha-Zohar, one in Hovot ha-Levavot and one in a work attributed to R. Avraham b. ha-Rambam, possibly by R. Nissim Gaon. The interpretations of R. Isaac Ibn Ghiyath and R. Joseph Ibn Migash discussed here, however, suggest that the paucity of earlier citations reflects not simple neglect but a reluctance to highlight texts that openly privilege human juridical creativity over prophetic transmission.
[13]
 This commentary is printed in R. Yosef Qafih, Hamesh Megillot, ed. Shimon Najar (Israel, 1970), 162-163 (Hebrew), where it is attributed to Rav Saadya Gaon; it is now also available online at alhatorah.org in R. Qafih’s translation. Another text overlooked by Goshen-Gottstein and cited by Herman (87) is the commentary of R. Joseph Ibn Migash (Riʾ Migash) preserved in Shitah Mekubetzet to Bava Batra 12a:

“‘Amemar said: A sage is superior to a prophet. Rav Ashi said: You may know this from the fact that a great scholar states a matter and it is then said that the law accords with [a tradition] given to Moses at Sinai’— and even though this scholar never heard this matter at all. Thus, [we see that] ‘the sage is superior to the prophet’: for the prophet says only what he has heard and what is placed in his mouth to say, whereas the sage can articulate what was said to Moses at Sinai even though he never heard it.”

[14] Elsewhere, however, Herman does highlight the significance of Ibn Ghiyath’s comment more explicitly. See Marc Herman, “Situating Maimonides’s Approach to the Oral Torah in Its Andalusian Context,” Jewish History, vol. 31, no. 1 (December 2017): 31-46, available here.
[15]
 This analysis bears indirectly on a debate I conducted in the pages of Hakirah: The Flatbush Journal of Jewish Law and Thought with R. Shmuel Phillips concerning whether Maimonides adhered to a rigid, geonically derived methodology of talmudic interpretation that would have sharply limited the scope for post-talmudic harmonization or innovation. My contention in that exchange was that Maimonides engages in implicit synthesis and interpretive reconciliation of talmudic sources, even when such activity is not explicitly signaled in his formulations. The historical picture reconstructed by Herman strengthens the view of Maimonides as an independent thinker who was not constrained by geonic precedent, nor, in fact, by the precedent of his immediate Andalusian predecessors, making it difficult to sustain an account of Maimonides as merely transmitting talmudic conclusions through the mechanical application of geonic rules. See my article in Eliyahu Krakowski, “Talmud Oversimplified? A Partial Review of Talmud Reclaimed: An Ancient Text in the Modern Era by Shmuel Phillips,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 35 (Summer 2024): 129-145, available here, as well as the continued exchange in Shmuel Phillips, “Talmud Reclaimed and a Battle Over Methodologies of the Rishonim,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 36 (Winter 2025): 193-216, available here, and Eliyahu Krakowski, “Rejoinder: Reclaiming Talmudic Complexity,” Hakirah: The Flatbush Journal of Jewish Law and Thought, vol. 36 (Winter 2025): 217-229, available here.

 




Torah Under Wraps

Torah Under Wraps

by Yoav Sorek

translated by Daniel Tabak

Their publications are not allowed to get out. Their roiling Internet forums are blocked by filters. The articles they publish omit the names of professors considered verboten. A cohort of Haredi scholars [1] challenge the academy and their natural surroundings, unafraid to deal with subjects deemed taboo in the yeshiva world. Few Religious Zionists have penetrated this alternative ivory tower, but one of them—Eitam Henkin, may his blood be avenged—succeeded in breaking down barriers.

*

One needs to strengthen oneself with faith; one should not entertain philosophical questions nor even glance at the books of philosophers,” said Rabbi Nahman of Bratslav already at the end of the eighteenth century. This motto is particularly popular today, in the post-modern era of “religious strengthening,” in which religiosity is perceived as synonymous with simplicity and unsophistication. Yet that very approach also runs counter to the Jewish mind, which is by its nature anything but naive. The legacy of Jewish erudition constitutes part of the DNA not only of the academy, but of even the most Haredi sectors of the yeshiva world, and it finds expression in the spirited Jewish Studies scholarship flourishing under the radar in circles that are presumed to recoil from it.

Israelis distant from the world of Jewish Studies were offered a glimpse of it in the amusing film “Footnote,” but it portrayed only the nerve center of the field’s academic milieu, when in reality a great deal more is out there. In the reading rooms of the National Library, and in many houses in Bnei Brak and Jerusalem, many scholars sit and study the same topics as academics but without academic degree, without traveling to conferences, without aspirations toward an academic appointment. The history of medieval and modern rabbinic authorities, the stories of their compositions, the manuscripts and their provenances, variant customs, disputes both ancient and alive—all of these preoccupy a non-negligible group of yeshiva graduates, Haredi in dress and behavior, who publish articles in “non-academic” journals of Torah scholarship and produce corrected editions of sacred texts, some of which can even be considered quasi-critical editions.

They number Hasidim and Mitnaggedim, the truly God-fearing and those trapped in the Haredi lifestyle who cut corners, those lacking any academic title and others who have earned one—sharp and knowledgeable one and all, still faithful to, and actively participating in, the intra-Haredi discourse. Some of them evidence a dual non-conformism in their lives: on the one hand, they have opted to put distance between themselves and the safe space of the yeshiva, pasturing in the treacherous fields of scholarship; on the other hand, they are Haredim who hail from circles thoroughly suspicious of academia and would not dream of lending credence to its guiding assumptions. Nearly every remarkable personality in the field originates in the circles of Ashkenazi religious zealots, yet the scholarly discussion—which takes place not only on journal pages but in the lively Internet forums of Be-Hadrei Haredim and Otzar HaHochma—is not private, and sometimes a handful of others participate. Rabbi Yoel Catane of Yeshivat Sha‘alvim, editor of the journal HaMa’yan, is one of those others, as his home is in the Religious Zionist world, and his publication represents the enlightened German Zionist Orthodoxy of bygone years. The late Eitam Henkin also was one of them—a Torah scholar and brilliantly wide-ranging scholar who took prominent part in the back and forth of these torani scholars.

In National-Religious society, there are, to be sure, many others involved in Jewish Studies scholarship, but one would be hard-pressed to find the same kind of polemical verve that exists amongst Haredi scholars. According to K., a young Haredi scholar, the passion attests to the fact that the scholarly endeavor is for them an existential need:

The Haredi does his research in order to mask his own crisis of faith in a world that forbids thinking. Those who try to identify the composer of a liturgical poem or the copyist of an unknown manuscript, and those who uncover a forgotten rabbinical position held by R. Joel Sirkes, and those who wade through tomes to reconstruct a partially extant word in an Akkadian inscription, are all really fleeing forbidden thoughts. They release the tension between the silent extinguishment of faith in the Haredi world and the soul aflame with newly forged ideas by running for the hills of manuscripts and book archives.

K.’s criticism begins with the Procrustean bed of Haredi yeshiva education:

The Haredi kollel fellow is force-fed a diet of Torah study characteristic of the Lithuanian yeshivas of the previous century. Should he not be of a mind to rebel completely, the only somewhat legitimate pursuit open to him is Jewish Studies. In that way he can edit the novellae of the Rosh to tractate Nazir without raising too many eyebrows. For that reason Haredi scholars, at least initially, are more involved in editing and less with research or writing articles. And if they are open to producing scholarship, the closer the subject matter is to our time, the better: better on the modern rabbinic authorities than the medieval ones, better on the medievals than the Ge’onim, and God forbid not on the Talmud—don’t even mention the Bible. Preference is given to writing biographical pieces and endless discussions of historical chronology, such as clarifying the years of rabbi X’s rabbinic post in town Y, rather than anything deep about his method of study.

Not everyone agrees with K.’s psychological diagnosis. “Some have ventured into the academic world not out of frustration with the kollel world, but because they were introduced to scholarship in minute doses and became enchanted by it,” says R. Yosef Mordechai Dubovick, a Boyaner Hasid who recently completed his doctorate on Rabbenu Hananel. He says that this field presents something the young prodigy would find difficult to resist.

We have been taught and trained to question, explore, plumb the depths and not be satisfied with a superficial reading or understanding. When the intellectual yeshiva student is exposed to new tools and unfamiliar hermeneutical lenses and modes of understanding, his natural curiosity—nurtured so well—gobbles them up.

It’s ‘spontaneous academia,’” says Rabbi J., who would prefer to avoid equating it with academia. “It develops independently, without institutional bodies to dictate rules and regulations. It is anarchic, autodidactic, and exhilarating. It is a breathtaking demonstration of unfettered intellectual ability.”

A Scholar is Born

Rabbi Dr. Zvi Leshem, Director of the Gershom Scholem Library at the National Library of Israel, has occasionally bumped into scholars from the very heart of the Haredi world. “They are not the typical kollel fellow because the scholarly approach is not that of yeshiva students,” he says. He continues:

Look, when I began working here I met a senior rosh yeshiva from a respected hesder yeshiva, and I told him about those who come from the yeshiva world to do research here. He was at a loss. “What sort of thing do they research?” he asked me, and I responded in turn with the example of Hemdat Yamim.[2] “Why would they research Hemdat Yamim,” the Torah scholar asked me, “when they can buy it in any seforim store?” That is the mainstream approach. Those who embark on scholarship are atypical.

They may be exceptional and individualist, but one unmistakable quality binds them all together: they are autodidacts. This is evident in how they handle material in a foreign language. Some of these scholars have never studied English or German systematically yet refer to non-Hebrew sources in their articles. Each apparently bridged the gap in his own way.

Anyone interested in this phenomenon is invited to open, for example, a volume of Yerushaseinu, an annual tome published by the Institute for German Jewish Heritage (Machon Moreshet Ashkenaz). Some of the articles published therein would be perfectly suitable for any standard academic journal; among the numerous footnotes adorning the pages one finds references to scholarly literature in Hebrew and other languages. Other publications include Yeshurun, Moriah (published by Machon Yerushalayim, which for decades already has been involved in the professional editing of medieval and modern rabbinic literature), the Chabad journal Heikhal Ha-Besht, and others. Torani scholars fondly remember the journal Tzfunot, which met its demise over a decade ago, and in the meantime they publish in Torah supplements to Haredi newspapers, primarily in Kulmos of the newspaper Mishpacha. Likewise, the new scholarly journal Chitzei Gibborim – Pleitas Soferim, published in Lakewood, NJ, is at the moment taking its first steps.

Prominent names in the field include Mordechai Honig, a Hasid from Monsey who is extremely knowledgeable in medieval rabbinic literature; Yaakov Yisrael Stahl, a scholar of Franco-German Jewry forced to lower his profile in connection with academia; Moshe Dovid Chechik, a historian who until recently co-edited Yerushaseinu and currently co-edits Chitzei Gibborim; Yehudah Zeivald, a Boyaner Hasid who is quite busy with philosophy and Hasidism; Yitzchak Rosenblum, who had to move from Kiryat Sefer to Bet Shemesh on account of the library he opened, and currently teaches at the Haredi yeshiva high school Nehora; Yaakov Laufer, a scholar who focuses on linguistics and on the conceptual mode of Torah study; Betzalel Deblitsky, a prodigious zealot from Bnei Brak who runs the forum associated with Otzar HaHochma (the monumental digitization project of the Jewish library); Nachum Grunwald of Lakewood, NJ, a Chabadnik who grew up a Satmar-Pupa Hasid and serves as editor of Heikhal Ha-Besht; Aharon Gabbai, a rising star from Bnei Brak who graduated from a Lithuanian yeshiva, of course; Yechiel Goldhaber, slightly older than the rest, a historian and bibliographer whose scholarship is famous, and for whom the National Library is a second home; and Avraham Shmuel Taflinsky, who has toiled for the past few years in uncovering the sources of the aforementioned Hemdat Yamim.

Once we are mentioning the denizens of the National Library, mention must be made of the all-important tool in their scholarly work—the Internet. The global web of knowledge enables Haredi men from conservative yeshivas, whose library holdings are what you would expect, to come in contact with Jewish Studies scholarship and its historical-critical mindset. Most Haredi scholars have a home Internet connection, but not all. Zvi Leshem relates that some come to the library not to peruse ancient manuscripts or converse with the university’s scholars who use it as their place of study, but simply to work at a place that provides Internet access.

“In the digital age, Jewish Studies scholarship has successfully managed to wiggle its way, however constrainedly, into Haredi and yeshiva circles via databases such as Otzar HaHochma,” Mordechai Honig relates. “Until recently, it was the books. The birth of a Haredi scholar was generally triggered by incidental exposure to academic scholarship that invitingly charmed him. For me, it was Ephraim Urbach’s The Tosaphists, which I purchased at age fifteen.”

No one can deny the love story between digital media and the world of Haredi scholarship, with the latter exercising its acumen also in its use of technology. Along those lines, a weekly Internet journal popped up several years ago which, in the course of a couple years, became an especially favored forum for the group of torani scholars. It bore the name Datshe (ДАЧА), a Russian word that made its way into yeshivish slang, which evokes a leisurely space in which people enjoy life, a kind of rare legitimation of self-indulgence and letting loose a bit. The journal, founded and edited by Yitzchak Baruch Rosenblum, was, according to its subtitle, “where sages of Israel come to relax.” The publication insisted upon respectable discussion and high-caliber argumentation, but one also could find among the directives to its readers and writers the following note of caution, which furnishes an additional explanation to the choice of digital format: “Please preserve the low profile of this publication. One can print it for ease of reading but should not show it to just anyone. Wisdom belongs to the discreet.”[3]


Instead of Polemic, Shock

Along with Internet databases and online journals, forums also have an important place in the discourse of these scholars. After many long years in which the forum Soferim u-Sefarim on the site Be-Hadrei Haredim served as the water cooler for torani scholars, the baton was passed to the forums of Otzar HaHochma. A lengthy, fascinating thread recently began there, for example, whose purpose is to generate a list of “dissenting opinions [made by lone rabbinic scholars],” that is, halakhic positions taken by well-known decisors over the generations when their colleagues were of a different mind. The thread reveals the foundational analytic-halakhic erudition of the discussants, expert not only in bibliography and history but also in a wide range of positions expressed by medieval and modern rabbinic authorities on scores of issues.

The administrator of the Otzar HaHochma forums is, as was said above, Betzalel Deblitsky (under the username “Ish Sefer”). What had been permissible on Be-Hadrei Haredim the fearless zealot Deblitsky bans, censoring discussions and silencing voices he deems unworthy of being heard. But even those who miss the great openness that marked the forum of yore understand that the change is permanent—discussions of relevance within the scholarly community take place principally on the new forum.

Zeal, parenthetically, is a relative matter: the strict filter Netiv, which runs according to the guidance of a confidential rabbinic board, blocks the Otzar HaHochma forum on account of its content being deemed subversive and problematic. To take but one example, the forum has an intense, politically-charged discussion surrounding one of the veteran decisors of the Edah Haredit in Jerusalem—R. Yitzhak Isaac Kahana. A broadside that circulated in Jerusalem against R. Kahana’s book Orhot Tohorah and his lenient rulings on questions regarding menstruation inflamed not only the physical Haredi street but the virtual one as well, engendering scathing posts on the forum in support of each side. A symptom of one of the forum’s pathologies is partially manifest in this case: the deletion of threads by the moderator, who perceived them as deviating from the Haredi party line. Over three pages of posts inexplicably disappeared from the site, only to return the next day, redacted.

Rabbi Eitam Henkin was among those disappointed by the limits set on the forum’s discourse as compared with past fora, but he nevertheless realized that this was the place to be. Under the username “Tokh Kedei Dibbur,” Henkin took part in discussions on the forum, and at the same time carried on extensive personal e-mail correspondence with scholars who were active on it. This became the gateway through which Israeli reality penetrated the Haredi ivory tower—users discovered that the man murdered together with his wife, in front of his children, in the middle of Sukkot, was none other than “their very own” Rabbi Eitam. The forum was filled with emotional threads of eulogy and anguish, memorial initiatives and activities to be done in his merit, and the revelation of the many connections that Henkin had weaved amongst his Internet friends.

It is difficult not to resort to superlatives when speaking about Eitam Henkin. Anyone who had followed his abundant Torah publications — which were marked by eloquent prose, intellectual honesty, and the self-confidence of someone on home turf — had trouble believing the subject of conversation was so young. Even the conversation about him on the forums sketches a fascinating profile. The user known as “Meholat Ha-Mahanayim wrote:

The distinguished victim, may God avenge his blood, was wondrously knowledgeable about the entire history of our people, and specifically the history of Lithuanian Torah scholars and their writings. I merited corresponding with him a bit here, and as much as he was honest, fair, and truth-seeking, he was also intensely and diligently exacting […] None of his responses contained any triviality; his prose was shot through with words of Torah and wisdom, brimming with old wine […] One could discern his constant drive for the truth from his responses. He was never too flustered for a retort, and he always based what he said on the most solid of foundations. Even when he argued for an alternative position, he was a fair and honest opponent, unafraid to admit he was wrong when necessary.”

None other than Deblitsky (“Ish Sofer”), who is so distant from Henkin’s worldview and rarely treats anything with a velvet glove, eulogized Henkin at length. The forum’s moderator wrote:

His statements stood out in their richness, sharpness, and precision—they have no equal. The wide range of people who corresponded with him is astounding. Despite their working in various fields, his correspondents unanimously attested to the immense benefit they gained from him and to the rich sources with which he magnanimously and pleasantly inundated them. Many a time in answering some inconsequential question, he would—as soon as you could say Jack Robinson[4] whip out one of his many lists, chock-full and cornucopian, while noting that he was collecting additional material on the matter and it would have to wait until a future opportunity […]

Many have mentioned honesty and artlessness among his noble qualities. I would like to emphasize one thing that no one like me realized until they fell prey to it: his sharp and resolute style tended to invite polemic, but anyone who responded harshly as a tit-for-tat comeback found himself embarrassed and pathetic upon discovering the affable and unpretentious man behind those words.

Further on, Deblitsky touched on Henkin’s transcendence of the entire sectoral framework. According to him, Henkin noted in a personal communication “that his unique pedigree as a son and grandson of American rabbis who did not fit in with any of the specific groups of Torah-observant Jews enables him to view himself as free of the shackles of sometimes artificial classification and group affiliation. One could say that this feeling largely allowed him to cast a critical eye upon and evaluate phenomena from all sectors without bias.” Deblitsky claimed this to be evident in the independent stance Henkin took in a slew of polemics, in which his misgivings and speculations were spelled out numerous times in private messages, as he took pains to publish in the forum only those things that he could wholeheartedly stand behind.

“I, for one, find exaggeration on both sides,” wrote Henkin to Deblitsky regarding the polemic within the forum surrounding the figure of the late Rabbi Aharon Lichtenstein. “Be it the disparaging vitriol about him […] or, on the other side, those feigning innocence, as if he was just another link in the chain of Torah sages throughout the ages, some of whom have always engaged to some degree in general culture.” Henkin conceded to Deblitsky that even within the National-Religious community opposition to Rabbi Lichtenstein had existed: “It was undoubtedly quite grating for a regular yeshiva student (excluding those from Har Etzion and to “the left”) to see citations from non-Jewish culture and the like in a Torah article. In this case (of criticism within the National-Religious community—Yoav Sorek), however, opposition to that approach was disjoined from ad hominem attacks.”

“We should be very sad that ‘sectoral’ boundaries make no exceptions for Torah giants,” wrote Henkin in another e-mail to Deblitsky.

The definitive assignment of each person into specifically this community or that one is often artificial. It is absurd that the public considers many comedians, musicians, and low-brow entertainers (for purposes of this example) as “Haredi” because they attended heder and wear a hat in the synagogue, while thousands of families who give their all for Torah and are punctilious about every jot and tittle (not to mention that for them television, secular newspapers, and the like are not even up for discussion) are “not Haredi” because they wear a colored shirt and also rejoice on Yom Ha-‘Atzma’ut. Although people can only see externals, they can ascertain what they will have to account for in the Heavenly court, whether they will be asked about Torah study, honesty in business, and hoping for the redemption,[5] or whom they cast their vote for in national elections.

Henkin wrote the following when describing Rabbi Dov Lior’s Torah greatness. “I can say unhesitatingly that we are talking about a serious heavyweight in Torah erudition and jurisprudence who has the entire Talmud and Shulhan Arukh in his head—incredible!” Still, he noted that the Haredim do not respect him simply because his stance on Zionist matters “meant he was to be associated with only one camp and perforce rendered off-limits for the other camp, even if for him the only thing in his world is Torah, pure and simple. (Elements of Western culture or academia, which are accepted in large segments of his camp, he derides at every turn.)”

In these citations of Henkin one can hear the Haredi lilt. As Deblitsky and others in the forum pointed out multiple times, Henkin had the ability to converse with various people in language they were comfortable with. In private communication with another user in the forum, Henkin disclosed that when he would write on Otzar HaHochma, he would adopt the appropriate style and cautiously promote topics close to his heart.

What motive could there be for entering this lion’s den? Henkin had faith that every place has its bright spots, and he was happy to become acquainted with people he would not have otherwise met. He described himself as “attempting to pursue peace, even in a place where they pursue the likes of me.” As he wrote another time under the username “Tekhelet Domah in the somewhat-calmer forum of Be-Hadrei Haredim: “I try my utmost not to hate anyone and not to write off any community that believes itself to be doing God’s will, even those which, in accord with their own aforementioned belief, would write me off and disparage my Rebbe in an unacceptable way.”

Professor in All But Name

After Henkin’s murder, a debate arose between his acquaintances and family over the the respective value he assigned to the two antipodes of academic study and religious study. Not surprisingly, the tension between the two constantly taxes many torani scholars. In the Otzar HaHochma forum and others, it is not uncommon to find a venomous and disparaging treatment of classic academics, who are caricatured as wasting their time on the trivial or unnecessary because they do not know how to study Torah, plain and simple. In the acerbic language of one forum contributor: “they are incapable of studying a page of Talmud without Schottenstein and a dictionary.”

In this way, the methodology of the elderly professor David Halivni, for example, has been pilloried and subject to sharp ridicule, perhaps also on account of his past affiliation with the Conservative movement. Along the lines of the approach with which he is associated (which presumes that most Talmudic passages were edited by a generation of anonymous sages, termed stamma’im, during the Savoraic period), the user “Afarqasta De-‘Anya” writes that he read Halivni’s introductions to two tractates and concluded: “Halivni did not write them himself; rather, he composed specific passages in which even he did not fully understand what he was writing or what he intended. His editor and publisher added stammaitic passages, thereby integrating the scattered pieces into what appears to be a single, unified text.”

This derision may, of course, result from an inferiority complex afflicting those with no proper academic training, or from the ignorance of those whose intellectual horizons do not extend beyond the narrative in which they were raised. In any case, it is far from being the consensus of the community of torani scholars: some have integrated into academia in recent years, others recognize that the yeshiva world’s disdain toward Jewish Studies is outdated. As Dubovick notes, Jewish Studies of this past generation is not what it had been previously, when scholars had no connection to the traditional study hall, and their scholarship at times revealed their ignorance and at other times could not sort the wheat from the chaff. In this generation, the preeminent scholars in the field are also serious Torah scholars.

Yet, anyone who publishes in Haredi journals or seeks legitimacy from the Haredi street cannot write without inhibition. “They must be careful about how they write, whom they cite, and even what titles they bestow,” explains Zvi Leshem. “I recall someone here who wanted to cite Rabbi Saul Lieberman’s Tosefta Ki-Feshutah, but he could not figure out which was the worse option—writing Rabbi Lieberman or Professor Lieberman. In the end he simply omitted his name.”

Though many of them already bear the title Dr., generally the torani scholars are not in the academic race for positions and recognition, and that fact profoundly impacts their lives. “The disconnect from the academic world and all its rivalry makes it easy for a scholar to share his wisdom with his colleagues, without having to worry about material or future scholarship being stolen, as well as to partake of his colleagues’ wisdom,” says R. Yoel Catane. “At the same time, the pressure to publish quality articles in the academic world, and the need to subject one’s research to peer review, occasionally yields excellent results that cannot be achieved in torani scholarship.”

“The fact that we are not part of that competition,” explains G. to me, “grants us peace of mind, intellectual freedom, the freedom to choose our areas of research without the need for prerequisite courses that are not entirely necessary, and the freedom to develop our ideas as we see fit. I see Haredi scholars benefitting from the sort of freedom enjoyed by the first generation of scholars in the Wissenschaft des Judentums movement.”

Between Seclusion and Entrenchment

The heightened awareness of Jewish sages to the development of their tradition preceded by centuries the Wissenschaft des Judentums movement, which set the critical modern gaze upon the Jewish library. Across the generations there were Ge’onim, medievals, and moderns engaging in textual criticism, historicizing customs, unearthing deep-rooted errors, and looking askance at what the ignorant perceived as a “Judaism” that could not be questioned.

Even from the narrower, more modern perspective of relations between the academy and Haredim, the group that forms the subject of this article certainly cannot claim originality. The “Bibliography of the Hebrew Book,” a superb academic project that catalogs all titles printed in Hebrew and other Jewish languages through the ages, is currently led by Yitzchok Yudlov, an erudite Haredi with no academic schooling. Among the founders of the project Rabbi Shmuel Ashkenazy (Deutsch), raised in Batei Ungarin, stands out. Ashkenazi, one of the most famous Haredi scholars of the book, serves today as an honorary member of the Mekize Nirdamim Society, a venerable publisher identified with the Wissenschaft movement. Two Haredi scholars also stand out among the employees of the National Library: Yehoshua Mondshine, an independently-minded Habadnik known for his scholarship on Hasidism, who passed away this past Hanukkah[6] after a terrible illness; and Meir Wunder, may he live a long life, a bibliophile and historian who wrote, among other things, his monumental project Meorei Galitziya (Luminaries of Galicia). A similar undertaking for Hungarian sages was brought into being by the late Haredi scholar Yitzchak Yosef Cohen, who worked within the framework of Machon Yerushalayim, the most famous of the Haredi publishers with a scholarly inclination. Also worthy of note are Yitzchak Yeshaya Weiss and Moshe Alexander Zusha Kinstlicher, both prolific scholars in the field of rabbinic history, who edited the now-defunct Tzfunot.

What, then, distinguishes the members of this young group from all their predecessors? Perhaps it is the fact that the integration that had once seemed so organic has become more complicated as a result of two parallel processes: the seclusion of Haredi society, and the entrenchment of the academy’s formality. The world of the learned, from all walks of life, for whom knowledge and curiosity are essential, has been replaced by the reality of evaluative categories within the halls of the academy, and an inflexible, censorial “hashkafah within the Haredi camp. Few are those who seek to restore the former glory of scholarship, back when its throne did not have to be an academic chair nor its crown a black hat.

—————————

A DUAL DESTINY

The doctoral advisor of Eitam Henkin, may God avenge his blood, was convinced that his student had chosen academia over the halakhic discourse of the yeshiva. Others attest that Henkin viewed halakhic discourse, in fact, as paramount.

*

Although his world was built upon foundations quite different from those of his Haredi interlocutors, Eitam Henkin had no difficulty finding a shared language with torani scholars. An autodidact to the core, he also held fast to the truth, was intellectually curious, loved profound discussion, and was prepared to swim against the tide. And as can be expected from anyone who has an independent love for knowledge, it turns out that he also wrote for—or at least corrected and made changes to—the Hebrew Wikipedia. On his user page, under the username “Shim‘on Ha-Eitan” (which he used in other contexts, such as on the site Mida), he opted for a pithy self-description that speaks volumes: “a Jerusalemite with diasporic roots, whose world is Torah and whose occupation is writing and research.”

Henkin began his doctoral research under Prof. David Assaf of Tel-Aviv University. He dedicated it to the biography of R. Israel Meir Ha-Kohen of Radun, the Hafetz Hayyim (1839-1933), one of the mythic personalities who have exercised incredible influence on contemporary Orthodoxy. Assaf, who deeply admired Henkin, published a eulogy on his blog Oneg Shabbat that aroused immediate contention. He wrote:

Eitam was a wunderkind. I first met him in 2007. At the time he was an avrekh meshi (by his own definition), a fine young yeshiva fellow, all of twenty-three years old. He was a student at Yeshivat Nir in Kiryat Arba, with a long list of publications in Torah journals already trailing him. He contacted me via e-mail, and after a few exchanges I invited him to meet. […] We spoke at length, and I have cared about him ever since. From his articles and our many conversations I discerned right away that he had that certain je ne sais quoi. He had those qualities, the personality, and the capability—elusive, unquantifiable, and indefinable—of someone meant to be a historian, and a good historian at that.

I did not have to press especially hard to convince him that his place—his destiny—did not lie between the walls of the yeshiva, and that he should not squander his talents on the niceties of halakha. He needed to enroll in university and train himself professionally for what truly interested him, for what he truly loved: critical historical scholarship. […]

Eitam, hailing from a world of traditional yeshiva study that is poles apart from the academic world, slid into his university studies effortlessly. He rapidly internalized academic discourse, with its patterns of thinking and writing, and began to taste the distinct savors of that world.

In the continuation, Assaf heaps praise upon his young student. The sharp opposition that he posed between “the niceties of halakha” and critical scholarship, however, engendered grievances on the part of several Oneg Shabbat readers, particularly those familiar with Henkin’s other side. His brother Dr. Yagil Henkin criticized Assaf’s piece relatively delicately. “He believes Eitam saw himself primarily as a scholar, not a rabbi with plans to fill a rabbinic post,” he told Yosef Ehrenfeld in the newspaper Shevi‘i. “I have a different take on the matter […] His first and foremost desire was to be a Torah scholar, but he also wanted to be an academic scholar. In everything that interested him and everything he engaged in, he strove to do his best, to go the extra mile.”

Rabbi Dr. Michael Avraham protested Assaf’s denigration of Torah discourse, leading with the following cynical preface:

I am unable to restrain myself from making the objective academic comparison (apparently the product of systematic methodology and critical-historical scholarship) between “squandering one’s time on the niceties of halakha” and “entering the precincts (heikhalot) of the academy.” I won’t lie: a quiver of holiness washed over me upon reading those words, but I nevertheless summon my courage and dare to murmur something in the heart of the sanctuary (heikhal). May its priests, Levites, and prophets forgive me after kissing their sacred, perfumed feet.”

Offended, Assaf responded with a stinging riposte of his own, explaining that he was not deriding the yeshiva’s methods of study; rather, he was convinced that Eitam, as a young man who had needed to choose his intellectual path, was inclined more towards academic methods of study and writing. This assertion would seem to fit the activity of Eitam’s final years, but it somewhat contradicts the testimony of Deblitsky, according to which Henkin viewed his thoroughly halakhic composition about Sabbath law—a book that has yet to be published[7]—as his most important work.

Translator’s Notes:

This article was first published in Hebrew in Mekor Rishon (30 October 2015), and is translated here with permission of Mekor Rishon and the author. The translator would like to thank Shaul Seidler-Feller for his invaluable assistance. A groysn shkoyekh!

[1] A preliminary terminological distinction in order to forestall confusion:

  • A hoker is someone with the skills to conduct sustained research on a topic of interest and produce noteworthy scholarship. Such a person may have academic training and credentials, but the subjects of this article, for the most part, do not. I translate ‘hoker’ as ‘scholar.’

  • A hoker torani is such a scholar who happens to be firmly ensconced in the world of Torah, and whose research interests center around topics related to that world. Owing to the lack of suitable English adjective, I will leave the adjective in the Hebrew, yielding “torani scholar.”

  • A talmid hakham is someone with measurably significant Torah erudition, but that knowledge does not necessarily have any bearing on his ability to produce scholarship. I will retain the standard translation of ‘Torah scholar.’

[2] A compilation of customs, prayers, and kabbalistic practices printed about 300 years ago that has had tremendous influence ever since. It nevertheless generated controversy regarding its author’s identity and its content due to suspicions of Sabbateanism.

[3] Cf. Prov 11:2.

[4] The closest idiomatic equivalent of tokh kedei dibbur, Henkin’s username.

[5] cf. Shabbat 31a.

[6] Hanukkah 5775 (24 December 2014). A tribute has been published on these pages by Eli Rubin, “Toil of the Mind and Heart: A Meditation in Memory of Rabbi Yehoshua Mondshine,” the Seforim blog (13 December 2015), available here (http://seforim.blogspot.com/2015/12/toil-of-mind-and-heart-meditation-in.html).

[7] The book, Zeh Sefer Esh Tamid, has since been published by Mossad HaRav Kook in April 2016.




Az Yashir, Another Kabalah Custom Gone Wrong?

One of the most common and troublesome customs based upon kabalah is the addition of verses and targum to אז ישיר.

Everyday, at the end of pesuki de’zimra we recite az yashir. However, we for one, don’t start at the beginning of the shira. The beginning is at the verse that starts ויהי באשמורות הבוקר we begin at the אז ישיר. Secondly, we don’t end at the end of the shira either. Instead, we add either 4 or 6 verses at the end.

The threshold question is why was this change effected? Rashi, R. Shlomo Yitzhaki (1040-1105) in his Sefer haPardes (p. 321) explains, “Whenever we finish anything we end by reciting the verse twice [the end of tehillim, for example] for this reason we double the verse of ה’ ימלוך the reason being that really the entire parsha of the shira that is, from ויהי באשמורות הבקר has 18 mentions of gods name. Every name has 4 letters thus forming the 72 letter name of god. The רשאונים, the early ones, enacted that we recite the shira everyday to remember this great miracle . However, we only recite the important or ikar portion thus we start from az yashir. We are therefore lacking 4 mentions of gods name. Therefore we repeat the verse twice and add the four verses afterwards. The last verse’s mention of God’s name does not count as it is future tense.” Thus, according to this passage, we now understand why it is we add the four verses at the end and repeat the verse and why we left out the first four verses. There are many other rishonim that offer similar explanations for this.[1]

Importantly, according to Rashi, the end of the Shira is at ה’ ימלוך thus he repeats that verse. It is also clear that he did not say the verse that follows, כי בא סוס as a) he would not have repeated ה’ ימלוך as it would not have been the end and b) because there is a mention of God’s name in that verse and thus we would have too many mentions and therefore we lose the numerology as we do not get the 72 letter name.

The many רשונים follow this understand and thus end the שירה and the daily recitation of אז ישיר at ה’ ימלוך. In fact, early Ashkenazi Siddurim all end at ה’ ימלוך. For example, the earliest printed siddur in Prague, 1513 does that. As does the סידור of R. Shabbti Sofer, first published in the mid-16th century, who was considered the סידור for his time, has the same reading.[2] The Rama, R. Moshe Isserles (1525-1572) in his מפה also cites the custom of repeating ה’ ימלוך. Thus, up until the late 16th century we were only repeating ה’ ימלוך and not saying כי בא. However, two people changed that. The first was the ארי”זל and the second was R. Yakkov Emden. The R. Avrahom Gombiner (1635-1682), in his commentary the מגן אברהם, (who cites numerous customs from the ארי), on the comments of the רמ”א previously mentioned, states that the ארי said the verse of כי בא after he repeated ה’ ימלוך. R. Gombiner does not offer any explanation as to why theארי did so. However, R. Shmuel Kelin (1720-1806), in his מחצית השקל a super-commentary on the מגן אברהם, does offer an explanation. Before we look at his explanation we need to look at one other source for proper background.

The רמב”ן in his commentary on the Torah on the verse of כי בא, notes that although some hold that כי בא is part of the שירה he holds it is not.[3] Some may be questioning why this all matters. However, it is actually quite important. The rule is that in order for a ספר תורה to be כשר the שירה portion must be written in a specific manner. That is called ריח על גבי לבינה or as brickwork. One writes words then leaves a space and then directly underneath that space one writes the next line and so forth. Thus, according to Rashi, and those other cited by רמב”ן one cannot write the verse of כי בא in the שירה format. And according to רמב”ן one MUST write it in the שירה format.

It would appear that in deciding whether to say or not to say כי בא would depend on how our ספר תורה is written.

Getting back to the מחיצת השקל, he argues this very point. He states that the reason that the מגן אברהם and the ארי said to recite כי בא is for the sake of consistency as in our ספרי תורה we include it in the שירה4 However, there is a difficulty with this position or understanding of both the מגן אברהם and the ארי. As both are still advocating repeating ה’ ימלוך but also saying כי בא which as we discussed disrupts the numerology and also, if you include כי בא, it makes little sense in repeating ה’ ימלוך as it is no longer the end. Because of these questions some commentators note that R. Hayyim Yosef David Azulai (HIDA), the well-known bibliographer, stated that many statements attributed to the ארי are not actually from the ארי. These commentators claim that this is one of those statements that can not be relied upon.[5]

R. Yakov Emden (1698-1776) published his own edition of the siddur. This siddur included both a commentary and notes on the נוסח. 6 He had many alteration in the נוסח. However, his commentary became very popular and was reprinted numerous times. But in these reprints instead of using his נוסח they would put his commentary and notes on the bottom of a regular סידור 7 Thus, one could read in the bottom “don’t say such and such” and on the top you would have that very thing. In regards to the אז ישיר issue, R. Emden notes that his father, the חכם צבי, only said ה’ ימלוך once and he included כי בא as because that is how it appears in our תורה. This, of course, works with the numerology, the מסורה, and the correct ending of the שירה. [In the new edition of R. Emden’s siddur which was supposed to utilize his נוסח and correct all the years of neglect, does not correct his error, nor many others. Instead it includes the double recitation and the תרגום and כי בא.]

In truth, it was not clear how we should write our תורה. For instance, the noted Mesora scholar and משומד– Jewish convert to Christianity, Christian David Ginsburg in his edition of the Tanach which is based upon over 70 manuscripts and 19 of the earliest printed editions does not include כי בא. In fact, numerous manuscripts, mainly of Italian or Sefardic origin, which as a side note are generally not considered מידויק , have only up to ה’ ימלוך. For us, however, the Rambam includes כי בא in the שירה. Furthermore, the oldest complete and מדויק manuscript, the Leningrad Codex which is very similar to the Allepo Codex which the Rambam based his תורה on has כי בא as part of the שירה.8

For us, as is apparent by looking at any תורה today, we all include כי בא as part of the שירה thus, if we wanted to be consistent we would only say ה’ ימלוך once and include כי בא.

In conclusion, the purpose of this was not for anyone to change what their current custom may be, as has been demonstrated there is authority for all practices. Instead, I think that this discussion is demonstrative of how complex and nuanced the תפילות are. If this one verse has so much behind it, there are treasure troves of complexity throughout the סידור.

Sources:

1] See e.g. from the school of Rashi, Machzor Vitri, 2004, p. 10; see also אבודרהם , אורחת חיים.

[2 See also סדור תפילות כמנחג אשכנז, Hanover, 1616; סדר תפילות לכל השנה כמנהג אשכנז ופולין, Frankfort 1691 available at http://www.jnul.huji.ac.il/dl/books/html/bk_all.htm

3] The Ibn Ezra and Rasbam hold that is part and the Ramban and Rashi hold it is not.

4] R. Kelin argues that if one wants to repeat any verse, according to the Ari, one should repeat the verse of כי בא as that is the end.

5] For more on the Ari’s writings and the transmission of those writings, see R. Hillel, כתבוני לדורות.

[6 This was published in 1745-1747.

7] This edition was known as סידור בית יעקב, the original was called עמודי שמים.

[8 Although, there is some discrepancy on this point in the manuscripts of the Rambam. That is, the manuscripts mainly from אשכנז do not include כי בא which would be in agreement with Rashi and the Ramban. However, many of the Rambam’s manuscripts do include כי בא, especially of note is the signed copy of the יד which includes it. See Jordan Penkower, עדות חדש בנוסח כתר ארם צובא chapter 3.




Gettting Kabbalah Customs Wrong, Removing Teffilin on Hol HaMoad

On the Main Line had a discussion regarding whether one should or should not follow customs based upon kabbalah. He brought up the custom of removing teffilin on Rosh Hodesh “before Mussaf.” However, what is facinating about this custom of removing the teffilin is that most people actually get it wrong. That is, according to just about everyone that discusses this one should not remove ones teffilin right before mussaf.

The first to address this custom in a meaningful manner was R. Azariah m’Fano, one the leading kabbalists of his day.

This is what one should do if they want to properly remove their teffilin on Rosh Hodesh. One should remove the teffilin right after shemoneh esreh and one should not wait until after u’va l’tzyion like other days . . . it is proper to remove them before one reads from the torah the portion discussing the mussaf sacrifice . . . and if one removes them before hallel this is even better . . . u’va l’tzyion on the day of Rosh Hodesh is really part of the mussaf . . . and it is wholly improper to wait to remove the teffilin right before one is going to start mussaf as this is worse than Yeravam who removed his teffilin before the king (Sanhederin 101b), there he only removed them in front of an earthly king but one who waits to remove his teffilin until right before mussaf is doing so in front of God.

Thus, R. Fano has two basic points. First, one should not wear teffilin for any portion of the prayers connected with Rosh Hodesh and therefore one should preferably remove them before hallel but at the very least before reading the Torah. Second, one should certianly not remove them right before starting mussaf as this is highly disrespectful to God.

R. Mordechi Yaffo, in his Levush also says that one should remove them before the reading of the torah. R. Eliyahu Shapiro in his Eliyahu Rabba and Zuta quotes R. Fano and agrees that one should not remove them right before mussaf. R. Karo in Shulchan Orakh just states that one shouldn’t wear them for mussaf but does not say when one should remove them. R. Moshe Isserles does the same. In fact, on Hol HaMo’ad, those who wear teffilin remove them not right before mussaf but instead before hallel.

So one may be asking themselves, well if everyone that disucsses when one should take them off says to do so much earlier than we do, how come no one does that now. And for that, we need to turn to R. Avroahom (hamechune Abeli) Gombiner in his Mogen Avrohom. The Mogen Avrohom cites a passage which is attributed to R. Issac Luria that one should wait to remove the teffilin until after the reading of the torah. Now, asute readers will realize that even according to this, one can still fullfill all the opinions (or close enough) and wait to remove the teffilin until after the torah reading but long before mussaf. However, again, most don’t do this, instead they wait until right before mussaf, right at the time R. Fano, no lightweight said one is disrespecting God.

So we now turn to the another passage in the Magen Avraham for the answer. There is a custom to have the teffilin on for 4 kaddashim and 3 keddusot (kedusha in yotzer, kedusah in Shemoneh esreh, and the kedusah of u’va l’tzion). So the question becomes what does one have to do on Rosh Hodesh. Does one need to leave the teffilin on for those kaddashim or because of these other reasons, namely the mussaf can one ignore that requirement on Rosh Hodesh. The Mogen Avrohom says that Rosh Hodesh is different than Hol haMo’ad and on Rosh Hodesh one can not ignore that requirement and therefore one must keep the teffilin on until after the kaddish following u’va l’tzyion.

But here is the issue with the Mogen Avrohom, R. Yeshaya Horowitz (Shelah) holds that really this requirement is switched and one only need 3 kaddashim and 4 kedushot (he counts barakhu as the fourth). So according to him, one has already gotten their three kaddashim after the reading of the Torah.

So to recap, in order for one to require removal of the teffilin right before mussaf one needs to ignore R. Fano (and others who follow him), and ignore R. Horowitz as well.

[As an aside, R. David ben Levi in his Taz says that one need not remove his teffilin at all. R. Joseph Baer Soloveitchik held that if one doesn’t have time to wrap them before begining mussaf one should follow the Taz and just say mussaf with them on.]

Sources and further reading: Shu’t Rama M’Fano no. 108 (reprinted in Siddur R. Shabtai Sofer, vol. 2 p. 238-39; R. Mordechi Yaffo, Levush, Orakh Hayyim, no. 25 (at the end) and no. 423; R. E. Shapiro, Eliayhu Rabba, Zuta on the Levush; R. Y. Karo, Shulchan Orakh, no. 423:4; R. M. Isserlles Rama, 25:13; Shulchan Orakh Ari”zal, no. 423; R. A. (hamechune Abeli) Gombiner, Mogen Avrohom, no. 25:28; id. at 30; 423:6; R. Nerelanger, Yosef Omets, no. 696; R. J. Kierchheim, Minhagai Vermisia, p. קפג; R. B. Hamburger, Gedoli HaDorot ‘al Mishmar Minhagi Ashkenaz, p. 102-03; R. Yom Tov Lippman Heller, Hilchot Teffilin, Ma’adeni Yom Tov. no. 74




Purim and Parodies

Purim and Parodies

by Eliezer Brodt

Happiness During the Month of Adar and its Discontents

The month of Adar begins a time of joy, as the mishna says “mi shenechnas Adar marbim b’simcha.” Interestingly, it’s been noted here that this halacha is not codified by either the Rambam or Shulchan Orach. R. Yissachar Tamar in his classic work on Yerushalmi, Ali Tamar, notes that some have suggested that this is the reason why many shuls in Europe hung signs proclaiming Mi Shenechnas Adar with pictures of bottles of wine and Jews happy was to announce this halacha! [1] Furthermore, the Ali Tamar provides additional sources that demonstrate that some were punctilious about in their observation of this halacha and would begin celebrating from rosh hodesh Adar. In light of this concept we could perhaps understand how many halchahos are relaxed during and around Purim-time. For example, after the destruction of the Bes HaMikdash, Chazal enacted a prohibition against “”.שחוק This is recorded in the Gemara (Berchos 31a):

אמר רבי יוחנן משום רבי שמעון בן יוחאי: אסור לאדם שימלא שחוק פיו בעולם הזה, שנאמר: ‘אז ימלא שחוק פינו ולשוננו רנה’, אימתי – בזמן שיאמרו בגוים הגדיל ה’ לעשות עם אלה. אמרו עליו על ריש לקיש, שמימיו לא מלא שחוק פיו בעולם הזה מכי שמעה מרבי יוחנן רביה.
This is codified in Shulchan Orach (O.C. siman 560, 5) to which the Taz (ibid) comments:
בשם רבינו יונה דמשמע גם שלא בזמן הגלות דלא כנוסח הטור שכתב בגלות הזה ונלע”ד שיש חילוק בזה דלענין שמחה שאינו של מצוה ודאי אסור אפי’ שלא בזמן הגלות למלא פיו שחוק אבל בשמחה של מצוה היה היתר בזמן שב”ה קיים כגון שמחת בית השואב’ ושמחת דוד שהיה מכרכר בכל עוז ובזמן הגלות ערב’ כל שמחה ואפי’ בשמחה של מצוה כגון בחתונה או פורים מ”מ לא ימלא פיו שחוק כנלע”ד נכון:
Thus, according to the Taz, even during happy events such as a wedding or Purim, there is a a restriction on שחוק. R. Yosef Engle in his Dershos Otzros Yosef (Vienna 1921, pg 36-37) and R. Teichtel author of the Aim Habonim Semechaih, in his Shu”t Mishnat Sachir (# 2) both justify the minhag of Klal Yisroel everywhere to be joyous at weddings and on Purim. [R. Yosef Engle seems to take this concept a bit further than R. Teichtel as he even justifies cross dressing].

In fact, we find times that chazal themselves allowed שחוק as we find מילתא דבדיחותא in Chazal. Those instances, however, appear to be limited to when the purpose was waking a sleeping or otherwise uninterested audience and involving them in Torah study.

Setting aside the opinion of the Taz who holds that שחוק is prohibited even on Purim, it appears that many disagreed with this position. This is borne out by various halachos that relate to Purim. For instance, the Rema in Hilchos Purim (696 end) writes some allow cross dressing and wearing shatnes d’rabanan. Additionally, if someone damaged his friends property due to simchas Purim they do not have to pay. And, perhaps most notable, getting drunk which in general is very much frowned upon. While the Rama and others seems to permit these actions many disagreed for example R. Shmuel Aboab in his Sefer Zichronos [2] writes very strongly against these actions.

Another Italian rabbi, R. Shmuel Me-Sha’ar Areyeh, who was a contemporary of the Rama Me-Fano, writes similarly in his (still in manuscript) commentary on the Bet Yosef [3] :

אין לסמוך על דברי זאת ההגהה לחטוא, לא לענין מלובשי איש ואשה, ולא בכלאים דרבנן, ולא בגזל אפילו כל שהוא, ושומר נפשו ירחקו מהם ולא יסמוך על המתיר כי אין בידו דבר ברור להיתר, ולא כתבו כן הפוסקים הראשונים ובמקום אחר הוא כתב: “מנהגים הללו בורות הם ויש להמנע מהם”.
And more recent the Orach Ha-shulchan writes:
ועכשיו בעונותינו הרבים ערבה כל שמחה ואין אנו נוהגים לשמוח כל כך עד שיבא להיזק ולכן עכשיו כשהזיק חייב לשלם ואפילו בזמן הקדמון חייב בנזק הגוף A bit later he elaborates:
ומה שנהגו בימים קדמונים בלבישת פרצופים משעטנז ושל איש לאשה עכשיו לא נהגו כן וכן מי שהזיק חייב לשלם דעתה בעונותינו הרבים ערבה כל שמחה ואין אנו במדריגה זו [ומ”ש הרמ”א בסעיף ח’ הוא לקיים מה שנהגו בימיו ולא עכשיו]: [4]
Parodies for Purim

In light of the above, we see that while there is some dispute about how far one can go on Purim, joyful acts (depending on their degree) are encouraged. Parodies and plays (this topic will be dealt with in my next post) which were written and some preformed during Purim-time.
Israel Davidson writes in the introduction to his classic work on this topic, Parody in Jewish Literature, [5] the following:

“The Range of Jewish parody is as wide as the range of general parody. The Jewish parodist has invaded every department of literature and every walk of life. He has drawn upon the various phases of Jewish life for his subject matter and upon the various forms of Jewish literature for his models. . . . It would indeed be easy to make a collection of representing the bible, Talmud, midrash liturgy zohar codes… It is equally no exaggeration to say almost all the great movements in modern Jewish history are reflected in Jewish parody . . . on the other hand the study of this branch of Jewish literature will also reveal the serious side of Jewish humor. . . . Tears and laughter lie very closely together in Jewish humor, and the Jewish parodist is not always a mere clown, but more often is a preacher disguised in the garb of a jester. Like general parody Jewish parody has a moral aim. It is opposed to every kind of untruth to bombast to hypocrisy.”

In this post I would like to point out a few such parodies to show some general customs which are mentioned in them, with a specific eye towards Purim. One of the earliest such pieces was a piyut printed in the Machzor Vitri (p. 583) to say during Ma’ariv of Purim. It starts out saying:
ליל שיכורים הוא זה הלילה, לשמוח ביין הטוב ולגילה… בליל הזה ישכרו כל יצורים…
This piece was authored by a Menachem ben Aron. It has been debated from exactly which time period this piece was written but Davidson believes that he was active as early as 1140 and as late as 1244. Rav Zevin and others note that it is quiet strange to allow such a crazy piyut to be said during Ma’ariv. But, Rav Zevin does point out that although the halacha is not to get drunk on Purim at night at least in the times of R Eliezer Fleckles people definitely did get drunk then.[6] A. Haberman reprinted a much lengthier version of a piuyt composed in 1695, by a dayan, for the whole Ma’ariv.[7]
Although there are no real sources that one has to get drunk on the night of Purim I did find Rav Nissim Goan writes:
ושנהגו בלילי פורים לעשות מדורות האש וקופצין עליהן אית ליה נמי עיקיר.
This seems to imply that there is a some notion of שחוק or שמחה on Purim night. This custom of Rav Nissim Goan is brought down by the Sefer Hamanhig, Avudraham and others.[8]

One of the most famous parodists in Jewish history was Emanuel HaRomi author of the infamous Machberes Emanuel (also called Sefer Hamachberes). Davidson calls him “the father of of exegetic parody and one of its best masters.” This work was written in circa 1321-28. This work includes a good bit of parodies. One of the parodies is a very detailed description of the excessive drinking and drunkenness of people in his time on Purim.[9] [10]

Just to quote one line from this particular parody as it is extremely graphic:
יצאתי אם השר בימי הנעורים אחר סעודת פורים, לראות בשחוק השכורים…ויאמר כי היא מצות עשה שהזמן גרמא והשכרות והפריצות ביום הזה ערמה וקצתם יחולו במחולות בחורים וגם בתולות…
As is very well known this work was banned by the Beis Yosef [11] who writes very strongly against it:
מליצות ומשלים של שיחת חולין ודברי חשק, כגון ספר עמנואל, וכן ספרי מלחמות, אסור לקרות בהם בשבת; ואף בחול אסור משום מושב לצים ועובר משום אל תפנו אל האלילים לא תפנו אל מדעתכם; ובדברי חשק, איכא תו משום מגרה יצר הרע; ומי שחיברן ומי שהעתיקן, וא”צ לומר המדפיסן, מחטיאים את הרבים.

Although the Beis Yosef wrote strongly against it R. Shmuel Askenazi pointed out to me a very interesting source. The Chida in his Shem Hagedolim [12] writes as follows:

שמעתי שאמרו בעל הפרשים שבאיוב יקרא האדם פ’ רלב”ג וירוה צמאוני ובמשלי יקרא פ’ עמנואל ובתהלים יקרא פ’ ר’ דוד קמחי ואתנח סימנא שפת אמת תכון לעד. אמת ר”ת איוב משלי תהלים. לעד ר”ת לוי עמנואל דוד והם כסדרן.
What the Chida is saying is that the best work on Mishlei was written by Emanuel!

One other point of interest about this work: I found in the list of works for students to learn thought out a new school system written by R. Meshulam Roth the great Galicianer posek at the request of R. Meir Shapiro amongst the many interesting things he wanted talmdim to read was the Sefer Machberes![13]

Another one of the earliest parodies written was called Mesechtas Purim, written by R. Kallonyms ben Kallonyms (1286-1328) a good friend of Emanuel Haromi.[14] This parody was perhaps the most famous one written on Purim which inspired many others especially of note was two others written a little later by the Ralbag.[15] Masechtas Purim was first written between 1319-1322 and printed in 1513, again in 1552 than again in 1871. This was written in the style of gemarah including drashos and everything found in regular sugyos – mimicking the talmudic style very well. Most of the humor is clean and not pocking fun at anyone. Davidson devotes a large part of his book to discussing the various editions of Masechtas Purim with many important notes. Haberman provides all the printings of this book in a facsimile edition of this sefer which he printed. As many other books this to was banned, by many, most notably R. Shmuel Aboab (siman 193). Others who opposed these works were authors of Chemdas Hayomim, Beris Mateh Moshe and the Chida.[16] At some points certain versions of Mesechtas Purim were even burned![17]

Haberman, however, points out a very interesting observation on all this and that is that this work of Mesechtas Purim was not banned immediately. Rather, it was only much later that any bans were directed at Mesechtas Purim. According to Haberman, this demonstrates that in the beginning there was no great opposition against it. He writes it is clear from the writings of R. Kalonymus and the Ralbag that it was just for Simchas Purim with no evil intent at all.[18] Besides for this both R. Kalonymus and the Ralbag were known as great people and not latzanim. To support this theory a bit one just has to read the end of the edition of R. Kalonymus where he writes:

ולמה השלים המסכתא בפרק אין קורין לפי שאין קורין בו אלא בשעה שאינו לא יום ולא לילה שלא נכתב אלא לשחוק בעלמא לשחוק האנשים ביום פורים והקורא בו לא הפסיד אלא כמי שקורא בספרי רפואות ובדברים המועלים לגוף ואינן מזיקין לנפש…
To support Haberman’s theory even more I quoted earlier that the Orach Hashulchan writes about all the actions permitted according to the Rema that nowadays we are not on the level of this and they are prohibited but in those days it appears they were on a higher level so it was permitted.

Be that as it may, these parodies are great sources for information of Purim in their respective author’s times as Davidson notes. Just to list some of the many things which Davidson notes we see described in them is gambling [19], playing backgammon,[20] , mock hanging of haman [21] excess drinking and eating all kinds of foods (in one list there is over twenty seven types) [22].

Another interesting thing we find in R. Kalonymus’ Mesechtas Purim is the making of a Purim King. It would seem that from here developed in many towns and yeshivas there was a concept called a Purim rav where a rav was hired who would make fun of the local rav or rosh yeshivah. One additional source of doing this can be found in the travelogue of the Chida.[23]

Another interesting point I think we see in R. Kalonymus’ Mesechtas Purim is the custom of dressing up more specifically cross dressing. Many of those who have discussed [24] this topic note an early source from the Sefer Hamaskil [25] a nephew of the Rosh who writes:

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

Another early source which many have noted is from R. Kalonymus author of Mesechtas Purim in his work Even Bochen when talking about Purim he writes:

ובארבעה עשר לחודש אדר, בחורי ישראל לכבוד ולהדר… זה ילבש שמלת אשה ולגרגרותיו ענקים… וזה יתחקה כאחד הרקים תף ומחול שמחה ושלישים. אלו עם אלו אנשים עם נשים…

I think that in Mesechtas Purim there is another source on this which no one seems to have mentioned on this where R. Kalonymus writes:

רבי דניאל איש כפר … הוה יתיב בבי מדרשא שאלו מקמיה מהו למעבד מחולא בפורייא אמר להו אנשים לבד והנשים לבד מותר איתביה רבי שחקו והכתיב אז תשמח בתולה במחול בחורים וזקנים יחדו אמר ליה רבי דניאל האי קרא לעתיד לבא הוא דכתיב ולעתיד לבא אין יצר הרע שולט שנאמר והסירותי את לב האבן מבשרכם ונתתי לכם לב בשר.. אבל בזמן הזה יצר הרע שולט האנשים לבד והנשים לבד מותר אבל אנשים ונשים אסור שהרי אמרו חכמים זמרן גברי וענין נשי פריצותא זמרן ונשי וענין גברי כאש לנעורת כל שכן לחול במחול אנשים ונשים יחד שהוא אסור לימא מסייע ליה לא תלבש אשה לא בגדי צבעונין ולא כלי פשתן המגוהצין ולא תסור מראש חדש אדר עד ששה עשר בו טעמא מאי שלא תחול במחול אם האנשים…

One thing lacking when it comes to Mesechtas Purim is a critical edition. Although Davidson did an excellent job in general on Mesechtas Purim it could still use a critical edition explaining what each point in the meschtah is based on.

On the subject of parodies I would just like to mention one other parody. This parody is called the Sefer Hakundos, It was printed in Vilna in 1824. This parody was written by a maskil as a vicious attack on the Jews of the time pocking fun at many things. The plus about this parody is we get a very interesting glimpse into Jewish life in those days – very detailed. This parody was very rare and almost unknown except by a few scholars. Until recently in 1997 Professor M. Zalkin reprinted it in a critical edition by Mercaz Dinur, with an excellent introduction giving a complete historical background of who possibly wrote this work why it was written so sharply and about the different versions of this work that seemed to exist. The introduction by Zalkin is 30 pages and the actual text of the sefer is twenty seven pages. He includes over four hundred very helpful notes to the actual text to the work explaining many points. Although he did an excellent job I feel that he could have added even more sources and commented on points which for some reason he did not.

Zalkin notes how the authorship was debated and discusses all the possibilities offered to its authorship. [26] According to some scholars it was even banned and burned. [27] If one reads this whole work one can very well understand why it would have been burned as it was a very cynical work. I would just like to mention the style of this work briefly and give some samples of sources one can find in it especially in regard to Purim.

To begin with this work was titled Sefer Hakundaskundas means trickster. We find in different memoirs such as in Zecronot Av Ubno (p. 206) and in Eiryati Mottlee (pp. 178-179) such a term (see also Zalkin Introduction pp. 9-10) it was a kid who was a big trouble maker who was everywhere in everything. The style of this work is its eleven chapters written like a Shulchan Orach dealing with “halchos of the kundas” it goes thru his jobs where he hangs out how to identify one – from his clothes what he eats, which things he is from the first ten to do – what he does in shul and on yom tov.

Just to give some examples of what he did that help us get a glimpse into life in those days:

בימים שאומרים יעלה ויבא… כשמגיע באמצע התפלה למקום הכרזה מרים קולו באמירתו בכדי להשמיע לכל העם וכשסיים תפלתו מחוייב לסבב בבית המדרש אצל כל הנערים ולשאול מהם אם לא שכחו לאמרו. ואם הודה לו אחד מהם ששכח מיד הוא רץ לשואל את פי המורה שם ומעמידו לתפילתו. (עמ’ 52) Another Example:

פטרוהו מספירה. רק בשעת ספירה מחוייב להיות בבית המדרש והסופר ההולך לשאול מה שפגמתי בספירה, מחוייב להשיב לו תיכף ומיד. כי הקונדס מחוייב לידע היסוד והכלל. ובתוך כך מחוייב לשאול לבני אדם איזה יום היום הוא בספירה וכשיגידו לו מחוייב לצעוק בקול גדול עכשיו ספור בלא ברכה כי הגדת לי יום הספירה (עמ’ 57).
Another Example:
גם פרטוהו מקידוש לבנה. רק שמחוייב להיות בכל מקום שמקדשין ויקדים שלום עליכם לכל אדם (שם)
Another Example:

בשעה שהחכם יושב ודורש בבית המדר. אזי הוא נמצא אחורי בית המדרש בין בני גילו וקודם הדרשה כשבית המדרש מלא מפה לפה מחוייב הקונדס לדוחק את עצמו ביניהם להיות צופה ומביט בפני הדרשן וחוזר לעבודתו וכצאתו מבית המדרש הוא צועק בקול רק אל הנערים אשר בגילו אי איך האב אים שון גיזעהן עד שישמע הדרשן (עמ’ 62).
Specifically, discussing Purim it says:

בפורים מחוייב להכות המן בכל עת שיזכרוהו בבקעת של עץ בכל כחו עד משליכין אותו. או משתקין אותו. ואם הקונדס מאריך בהכאה עד שמשליכין אותו מבית המדרש לגמרי. אז אשרי לו ואשרי יולדתו. ובשעת קריאת המגילה כשהחזן קורא המן מחוייב לצעוק בכל כחו ברוך הבא (עמ’ 67).[28]
Just to conclude with one last parody as the famous expression goes ” As mein Ret shon vegen Korech.” This parody deals with drinking of wine called Hatikun. It was written in the form of a shulchan orach on the topic of the Chassidish custom of “tikkun.” In doing so it pokes lots fun at the Chasdic Minhag of observing tikun. The authorship of Hatikun has been debated. Davidson (p. 219) writes that it was written by a David Apotheker. But Rabbi B. Oberlander in his excellent series of articles on the infamous forgery Yerushalim al Seder Kodshim (that is being turned into a full length book) demonstrates that the author is none other than Friedlander the forger of the Yerushalmi on Kodshim. (Or Yisrael, no. 15, 1999, 174-75)
Notes:

[1] Alei Tamar, Megilah pg 3-4.

[2] Quoted by M Benayhu, Yosef Becherei, pp. 495, 483. On this very interesting personality see Benayhu, ibid pp. 415- 520.

[3] Sefer Zichronos pp. 61-64

[4] Aruch Ha-shulchan, 695:10 and 696:12.

[5] Israel Davidson, Parody in Jewish Literature, p. xix (available for free download here). [All of my quotes from Davidson are from this work]. This work is an incredible job on the topic of Jewish parodies. He does a terrific job of covering the entire history and pointing out many fascinating things in his many discussions. He also has an extensive section on the various parodies written for Purim especially Mesechtas Purim. Besides this he includes an excellent bibliography of all the various parodies that he tracked down four hundred and twenty one in total.

[6] Davidson, ibid pg 4; A. Haberman, Iyunim Bshira Ubpyuit, p. 311; Sperber, Minhagei Yisroel, 6, p. 211, Moadim Be-halacha, p. 246, see also Alei Tamar pp. 13-14 about eating seuda at night. Interestingly, it appears that in Otzar Yad Hayyim (p. 1) that he was unaware of this whole piece was a joke, as he uses this line to “prove” that drinking wine of Purim night will destroy our enemies.

[7] A. Haberman, Iyunim Bshira Ubpyuit, pp. 303-306.

[8] S. Abramson, Rav Nissim Goan, p. 278; Sefer haManhig, Mossad Harav Kook ed. vol. 1, p. 249 (see notes therein); Abudraham p. 209. It appears that this has to do with the custom of hanging of a mock Haman mentioned in note 21.

[9] See Machbres Emauel Haromi – Dov Yardan edition, machbres twenty five pp. 451-469. On this edition it is well worth reading the excellent review and notes from R. S. Askenazi printed in Kiryat Sefer 35, pp. 157 -162, omitted from the bibliography of R. Ashkenazi’s writings in Alpha Beta Kadmita deshmuel Zerah.

[10] On Emanuel Haromi in general see: M. Steinschneider, Jewish Literature, p. 176, Landshuth, Amudei Havodah pp. 304-305; Davidson, ibid, pp. 17-19; Y. Zinberg, Toldos Safrus Yisroel, 1, pp. 387-410; A. Haberman, Toldos Hapiyut Ve-hashira, vol. 2, pp. 43-61; Dov Yardan in his intorduction to his edition of Machbres Emauel Haromi pp. 11-18.

[11] On the banning of Machberes Emanuel see: Beis Yosef, (O. C. 307:16); Moshe Carmily, Sefer Ve-sayif pp. 40-44; A. Haberman, Toldos Hapiyut Ve-hashira, vol. 2, pp. 56-58.

[12] Shem Hagedolim, Marches Seforim: Kuntres Achron printed at the end of letter beis. This work on Misheli was one of the first books ever printed in Naples 1487. It was reprinted in a limited facsimile edition in 1981 with an excellent introduction.

[13] Printed in back of his R. M. Roth Mevaser Ezra on Ibn Ezra p. 176. To be sure R. Roth was not a liberal, as is well known with the incident when he was supposed to receive the Kook prize with Saul Lieberman and he refused. See: Igros of R. M. Roth recently printed; Marc B. Shapiro, Saul Lieberman and the Orthodox, pp. 27-36.

[14] On R. Kalonymus ben Kalonymus much has been written already see: Y. Zinberg, Toldos Safrus Yisroel, vol. 1, pp. 411-427; Uberto Cassuto in the intro of the facsimile edition of Mesechtas Purim printed by A. Haberman in 1978; A. Haberman, Toldos Hapiyut Ve-hashira, vol. 2, pp. 142-149; A. Haberman Iyunim Bshira Ubpyuit, pg 162-179; C. Shirman, Toldos Ha-shira Haivirit Be-sefard, pp. 514-541

[15] The author of the Megilat Setharim and Sefer Chabakuk was a mystery until Davidson correctly identified it to be none other than the famous Ralbag: Davidson, ibid 131-133. The Ralbag authored Megilat Setarim around the year 1332 and Sefer Chababkuk a little before. See also C. Shirman, Toldos Ha-shira Haivirit Be-sefard, pp. 527-528.

Another parody that Mesechtas Purim inspired was Mesechtas Chanuka. See Areshet, 3, page 173-192 (not the one mentioned by davidson on pg 39).

[16] Sources against Meschtas Purim See: Davidson ibid, xxi; A. Haberman, Iyunim Bshira Ubpyuit, p. 312; Sperber, Minhagei Yisroel,6, pp. 204-205, Maran V’Rabanan, 2, p. 90,

[17] See Steinschneider, Arshet, 4, p. 88, Moshe Carmily, Sefer Ve-sayif p. 248.

[18] A. Haberman, Iyunim Bshira Ubpyuit, pp. 273, 303.

[19] On gambling on Purim see Davidson, ibid pp. 31, 145; H. Pollack, Jewish Folkways in Germanic Lands (1648-1806), pp. 181, 329.

[20] On playing backgammon on Purim see Davidson, ibid p. 146.

[21] On mock hangings of Haman see; R. S. Schick, Sefer Haminhaghim p. 51 a; Davidson, ibid, p. 21-22; E. Horowitz, Reckless Rites, pp. 93-106.

[22] Davidson ibid, p. 22.

[23] On Purim Rav see: the account in Magel Tov of the Chida pp. 138- 139; A.S.Sachs, Worlds that Passed, pp. 232-234 has a very descriptive account of this; Davidson pp. 26-27, 30-31; Sperber, Minhagei Yisroel, 6, pp. 202-203. see also M. Breuer, Ohelei Torah, pp. 418-419; Pinchas Torborg in his memoirs also writes about the purim Rav in Volzhin but it was not around in his times he just said he heard about it from people from before his time. (Pirkei Zichronois p. 197). R Ovadih Yosef is very aginst this concept see Chazon Ovadia pp. 201-203.

[24] On cross dressing see: Aven Bochen, Haberman ed. p. 30; R. M. M. Honig, Yerushcanu, 1, p. 240; Professor Y.Speigel forthcoming article on the topic.

On dressing up on Purim in general see: Hyam Isaacs, Ceremonies Customs Rites and Traditions of the Jews, in 1836 (second edition) where he writes (p. 91) “Both male and female dress themselves in all kinds of Gaudy dress . . .”; Chida in his travels, Magel Tov, p. 139; The memoirs printed by M. Richarz, Jewish Life In Germany, pp. 83, 159; H. Pollack, Jewish Folkways in Germanic Lands (1648-1806), pp. 184, 331-332; Sperber, Minhagei Yisroel,6, pg 192-200; R. G. Oberlander, Minhag Avosenue Be-yadneu, vol. 1, pp. 293- 306; Moadim Le-simcha pp. 443- 458; R. Ovadih Yosef is very aginst this concept see Chazon Ovadia pp. 199-201.

[25] On the Sefer Hamaskil in general see R. M. M. Honig, Yerushcanu, vol. 1, pp. 196-240.

[26] On authorship of this work see; Y. Zinberg, Toldos Ha-safrus Be-yisroel, vol. 6, pp. 356-357; Davidson, ibid, p. 211; Zalkin intoduction pp. 15-21.

[27] On the banning of this work see; Y. Zinberg, Toldos Ha-safrus Be-yisroel, vol. 6, p. 226; Moshe Carmily, Sefer Ve-sayif p. 238; Zalkin intoduction pp. 21-22.

[28] On banging during Megilah at the mention of Haman’s name, see the following sources: In the sefer Eshkol Hakofer from Zeror Hamaor in his work on Megilat Esther:

ועל סמך זה יש היום מקומות יכו שתי אבנים זה על זה בהזכרת המן בקריאת המגלה בבית הכנסת (עמ’ צו)

R. Yehudah Aryeh Modean writes in his Shulchan Orach:

ונוהגים קצת בשמעם בקריאה השם המן לשקשק ולשרוק כעין סימן למחות זכרו (עמ’ 84)

In the Present State of the Jews written in 1675, Lancelot Addison (p. 182) writes: “both the women and children… at the naming of Haman make a hideous noise with their hands and stamping with their feet”. [Thanks to S. From on the Main line for this book]

In the Ceremonies of the Present Jews written in 1728 we find “and as often they hear the name of Haman pronounced they clap their hands or beat the benches to signify that they curse him.” (p. 44) [Thanks to S. From on the Main line for this book]

In the book of Religion Ceremonies And Prayers of the Jews by Gamaliel Ben Pedazhur written in 1738, he writes (p. 43), “and every time the reader pronounces the name haman in reading… all the jews young and old stamp their feet on the floor by the way of treading haman down and the children have generally Hammers with them at the Synagogue…”

Hyam Isaacs in Ceremonies Customs Rites and Traditions of the Jews, printed in 1836 (second edition) writes (p. 89) “and as often as the reader mentions the name Haman… it is customary for the children , who have little wooden hammers to knock against the wall as a memorial that they should endeavor to destroy the whole seed of Amalek.”

S. Ansky writes in his memoirs of World War One, The Enemy at his Pleasure (p. 284): “On purim I went to Synagogue to hear the reading of the book of Esther. At the the mention of Haman’s name the children traditionally make noise say by clapping but when these children tried to clap. Though very softly, their frightened parents hastily shushed them. Why didn’t they let the children make noise? I asked somebody afterword. Someone might object he stammered. Try and prove that they meant the ancient haman and not the present one.”

See also: D. Sperber’s book on the topic – Keisad Macim Es Haman 47 pages; Sperber, Minhagei Yisroel, vol. 3, pp. 156-159; Sperber, Minhagei Yisroel, vol. 6, pp. 244-256; E. Horowitz, Reckless Rites, pp. 274- 276; Moadim Le-simcha, pp. 299-323; Minhag Avosenue Be-yadneu, vol. 2, pp. 307-324.