Jewish Communal Workers, Preacher’s Kid Syndrome, and Sefer Shmuel

Jewish Communal Workers, Preacher’s Kid Syndrome, and Sefer Shmuel [1]

This article is dedicated to the memory of HaRav Gedalia Dov Schwartz, zt”l, – whose 5th Yahrtzeit was on Erev Chanukah, the 24th of Kislev 5786 (2025). Rav Schwartz was an overflowing spring of Halachic guidance, wisdom, and practical rabbinic advice. I will always feel indebted to Rav Schwartz for the numerous times he graciously shared his vast knowledge — as well as his compassionate heart — with me.

______________________

. . . וכל מי שעוסקים בצרכי צבור באמונה, הקדוש ברוך הוא ישלם שכרם . . .

. . . and all those who faithfully occupy themselves with the community’s needs, may the Holy One, Blessed is He pay their reward . . . [2]

Yichus [pedigree] is a lot like potatoes – often times, the best part is underground.” [3]

While great ancestry may sometimes provide a person with a head start in life, pedigree offers no guarantee of achieving greatness. We have observed this reality in the world around us, we know this fact from our study of Jewish history, and we certainly know this to be true from countless episodes in Tanach.

It is important to remember, however, that while a child may not have emulated the lofty character traits and/or achievements of his/her parents, those parents and their child-raising efforts are not necessarily at fault. After all, numerous factors (i.e. inborn nature, environment, etc.) play a role in shaping a child’s development. Unless there are clear indications of bad parenting, it would be foolish speculation (at best) or outright cruelty (at worst) to accuse parents of failing to properly raise their children.

If we agree not to automatically label friends and neighbors as bad parents based on how their child(ren) turned out, do our great ancestors — our role models found in Tanach — deserve any less? Of course, we ought to extend them the same courtesy. Hence, we should not assert that any of the great figures of Tanach were guilty of poor parenting without clear indications from the texts themselves, the teachings of our Mishnaic / Talmudic Sages, or the early Biblical commentaries that this was in fact the unfortunate case.

In the Book of Shmuel I, we sadly find two tragic cases where the sons of great Jewish leaders — Eli and Shmuel — did not live up to the hopes of their fathers or their people[4]. While our Sages and the classic commentaries suggest interpretations which minimize the guilt of each leader’s sons[5], it is clear nonetheless that the sons of Eli (the High Priest of the Tabernacle at Shiloh) as well as the sons of Shmuel (the great selfless prophet) abused the power of their respective offices and were therefore unworthy of leading the Jewish people.

Do Eli’s and Shmuel’s sons’ failures to live up to their fathers’ examples indicate poor parenting on the part of their fathers? Fortunately, there is at least one of our classical commentaries to offer us some direction.

Among the early Biblical commentaries, the explanations of Ralbag[6] to Tanach are most unique. Aside from authoring a running commentary, Ralbag also provides us at regular intervals with what he refers to as the To’eliyos — the practical lessons to be learned from many Biblical episodes. Ralbag’s takeaway lessons offer a treasure trove of insights into human nature, the character traits which we aspire to attain, and a better understanding of the Mitzvos. Finally, Ralbag often utilizes his To’eliyos as a vehicle for explaining the Torah’s worldviews.

In two places in his To’eliyos to Shmuel I, Ralbag provides us with a great deal of insight into the sons of Eli and Shmuel — as well as their fathers’ roles in their unfortunate outcomes.

Ralbag #1

רלב”ג שמואל א פרק ז

העשרים ושלשה[7] הוא להודיע כי לא היתה הסבה בחטא בני עלי הוא היות עלי בלתי משגיח בענינם ובלתי מיישיר אותם אל הטוב. וזה כי את פני עלי ובהשגחתו נתיסר שמואל לשרת את ה’. ועם כל זה לא הועילה הנהגת עלי להישיר בניו אל השלמות מצד רוע תכונתם.

To paraphrase Ralbag, the sins of Eli’s sons were not due to a lack parental oversight and/or an effort to steer them in the proper direction. After all, it was Eli’s oversight and guidance which brought Shmuel to properly serve G-d. Unfortunately, Eli’s efforts did not succeed in steering his own sons towards wholesomeness, for they were born with a propensity for wrongdoing.

In this To’eles, Ralbag relates several details about Eli and his sons:

A) Eli was an involved parent. He was משגיח בענינם — he looked after the affairs of his sons and tried to be מיישיר אותם אל הטוב — steer them in the right direction.

B) Eli’s parenting skills were successful in ensuring that Shmuel — his young charge and student — developed into the consummate servant of G-d we know him as.

C) Despite Eli’s valiant efforts as a parent, unfortunately, he was unsuccessful with his own sons. Why were Eli’s parenting skills effective with Shmuel but not with his own biological children?

רוע תכונתם — unlike Shmuel, Eli’s sons naturally possessed a propensity for wrongdoing.

The picture of Eli which emerges from this To’eles / lesson of Ralbag is that of an involved parent. Though he was successful in raising Shmuel, Eli saw no such success with his own sons. Why not? The fault was not Eli’s. With a natural disposition for wrongdoing, Eli’s sons had a handicap working against them which they failed to overcome.

On the surface, this To’eles of Ralbag, wherein Eli seems blameless for the failures of his sons, stands in sharp contrast to a second To’eles of Ralbag found just a bit later in Shmuel I.

Ralbag #2

Following Chapter 12 of Shmuel I, Ralbag records another To’eles which assesses Eli’s parenting efforts.[8]

רלב”ג שמואל א פרק יב

הראשון הוא להודיע שראוי לשלם שידקדק בהנהגת בניו שתהיה באופן הראוי, ולא יקל מזה מפני רוב טרדותו בהנהגת העם. הלא תראה מה שקרה לשמואל בעבור שלא דקדק בהנהגת בניו שתהיה לפי הראוי. וזה, שזה היה סבה שסרה הממשלה מזרעו. ונמשך מזה ששאלו להם ישראל מלך, שהיה סבה בסוף לגלות ישראל מעל אדמתם, כמו שזכרנו. וכזה בעצמו קרה לעלי, מפני שלא דקדק בהנהגת בניו לפי הראוי. כי זה היה סבה שמתו בניו, וסרה מבי’ עלי בסוף הענין הכהונה הגדולה ונתנה לזרע פנחס בן אלעזר.

To paraphrase Ralbag, a wholesome person ought to be exacting in regard to his children’s conduct. One must not let communal responsibilities get in the way of his familial obligations. As an example, see what resulted from Shmuel’s not having been as exacting with his sons as he should have been. As a result, his children were not worthy of being leaders of the Jewish people. This led the people to request a King, which was the eventual cause of their exile from Israel. This is exactly what befell Eli — and it was all a result of his not having been as exacting with his sons as he should have been. This is why Eli’s sons died and the office of the High Priesthood was transferred to the offspring of Pinchas the son of Elazar.

In this To’eles / lesson, Ralbag teaches us that:

A) A truly good parent is one who is מדקדק בהנהגת בניו — exacting regarding his/her children’s conduct — despite the many communal responsibilities he/she may be tasked with.

B)  Unfortunately, Shmuel could have done better in this regard. As he was so occupied in his selfless work on behalf of the Jewish people, he neglected to be as exacting as he should have been with his own sons. Regrettably, Shmuel’s neglecting to properly involve himself in his sons’ lives eventually resulted in tragedy for the Jewish people. This sounds very much like what is referred to nowadays as “preacher’s kid syndrome” – which is “a situation in which the parents of a preacher’s kid are attuned to everyone’s problems but those of the kid.” [9]

C) Sadly, Eli preceded Shmuel in this very regard. He too was not as exacting with his sons as he should have been. Eli’s deficiency in this parental role had grave consequences for his immediate family.

The second To’eles of Ralbag clearly ascribes the failure of the sons of both Eli and Shmuel to some lack of parental involvement. On the surface, this second To’eles of Ralbag seems to contradict what he wrote about the diligent parenting efforts of Eli in the previously quoted To’eles. In that first comment, Ralbag had written that Eli’s sons failed in life as a result of their own deficiencies — not because of any lack in Eli’s parenting.

Can these two seemingly contradictory comments of Ralbag be reconciled?

I believe the following approach best resolves the apparent contradiction between Ralbag’s two Toeliyos involving the parenting efforts of Eli:

According to Ralbag, there are two different levels of parental involvement one can exercise when raising children:

  1. Ralbag’s lower level of parental involvement is described as being – משגיח בענינם. Such a parent is by no means oblivious of what the child is up to. On the contrary, that parent keeps tabs on the child, monitors the child’s affairs, and maintains a certain level of involvement in the child’s life.[10]
  2. Ralbag’s higher level of parental involvement is described as being – מדקדק בהנהגת בניו. That parent is exacting and even more involved, taking a hands-on interest in the life of the child. Such a parent is not just a משגיח / observer looking in on the child’s life. This level of parental involvement connotes one who is actively involved in every aspect of the child’s conduct.

From Ralbag’s perspective, neither Eli nor Shmuel was an uninvolved father who gave no time to their sons and left their kids alone to raise themselves. They were fathers who were definitely involved in their sons’ lives. Their commitment in raising their sons, however, was simply limited to משגיח בענינם — general oversight, that is the lower level of parental involvement. Neither Eli nor Shmuel could claim to have been a father who was מדקדק בהנהגת בניהם. According to Ralbag, they just were not exacting with, or extremely involved in every aspect of their sons’ lives.

Thus, there is no contradiction between the two To’eliyos of Ralbag. In his first To’eles, Ralbag noted that Eli fulfilled the first level of his parental responsibilities vis-à-vis his sons — that of being משגיח בענינם. While that level of parental involvement may suffice when raising a child with a propensity for goodness — i.e. Shmuel — it is not the level of involvement needed when raising children with an inclination for wrongdoing — i.e. Eli’s own sons.

In his second To’eles, Ralbag stated that while one would be wrong to claim that both Eli and Shmuel completely ignored their parental responsibilities, neither of them was as fully involved of a father he should have been. Both Eli and Shmuel should have realized that in order to successfully raise their sons, each would need to be a father who was מדקדק בהנהגת בניו. Their sons’ inborn dispositions demanded a greater level of parental involvement from their fathers.[11]

Why did Shmuel fail to be as exacting with his sons as he should have been? Ralbag clearly states that Shmuel erred due to his pre-occupation with being the consummate Jewish communal leader.[12] While Shmuel never fully ignored his parental responsibilities, Ralbag learns that in his passion to selflessly address the very real needs and concerns of his people, unfortunately, Shmuel neglected to give his sons the full measure of parental involvement which — due to their dispositions — they so desperately required.[13]

 

Conclusion

Having presented a working approach to reconcile two seemingly conflicting תועליות of Ralbag, it behooves us to conclude by emphasizing Ralbag’s crucial message.

In Koheles (2:14) we read: . . . הֶחָכָם עֵינָיו בְּרֹאשׁוֹ, וְהַכְּסִיל בַּחֹשֶׁךְ הוֹלֵךְ — The wise man’s eyes are in his head, but the fool walks in darkness . . . Long before the Boy Scouts of America coined their motto, King Solomon taught how important it is to “Be Prepared”. In a similar vein, during World War II, Winston Churchill is credited as having stated: “He who fails to plan is planning to fail”.

In his To’eliyos cited above, Ralbag reminds us how crucial it is that every Jewish communal worker adopt a strategy for juggling his/her many responsibilities. Jewish communal workers must struggle with allocating their limited amounts of time, attention, and energies. Anyone involved in such work must be ever alert to ensure that the needs of his/her family are not overlooked in the process of nobly serving the needs of their community.

Is there any one proven formula to help a Jewish communal worker properly balance the very real and competing needs of one’s spouse, family, and community? Absolutely not — after all, the characteristics and circumstances of no two spouses, families, communities, or Jewish communal workers are perfectly alike.

There are, however, three crucial steps which I believe each Jewish communal worker should take when allocating his/her time, attention, and energies:

  1. Communicate — One must truly know and understand their spouse, family, and community in order to correctly allocate the time and attention each requires. The only way to accomplish this is through frequent and meaningful communication.
  2. Re-evaluate — As good a balance one may have achieved in the past, the needs of one’s spouse, family, and community constantly change. As such, it is wise for every Jewish communal worker to periodically reassess the formula he/she has created to meet the needs of those requiring his/her time, attention, and energies.
  3. Pray — Ultimately, each and every Jewish communal worker is only human. As such, even one’s most thought-out plans to allocate his/her limited resources may have been made in error. Without G-d’s help, no Jewish communal worker can possibly hope to succeed in the balancing act he/she must perform. Once one has done his/her part in this process, the Jewish communal worker should sincerely ask G-d for His assistance as he/she strives to work on behalf of His people.

May the lives of Eli HaKohoen and Shmuel Hanavi serve as an inspiration — as well as a lesson — to all Jewish communal workers.[14]

  1. I am greatly indebted to my Rabbeim who introduced me to Ralbag’s commentary to Tanach during my years in Yeshiva; Rabbi Avrohom Semmel (Queens, NY) and Rabbi Yitzchok Shapiro (Boca Raton, FL) for their assistance (several years ago) with the sources cited in this article; and my father, Mr. U. Harold Males for his editorial assistance.
  2. From the pre-Mussaf prayer recited each Shabbos in synagogues around the world.
  3. A number of years ago, I heard that sharp remark from Rabbi Berel Wein, zt”l, during a Jewish history lecture. In a personal communication with Rabbi Wein regarding the origins of this adage, he told me that while he was not aware of a specific source, he believes it to be one of our people’s great Yiddish folk sayings.
  4. See Shmuel I, 2:12-22 and Shmuel I, 8:1-5.
  5. See for example the ideas mentioned in Rashi to Shmuel I, 2:22 and Radak to Shmuel I, 8:2.
  6. Ralbag (רלב”ג) is the acronym for Rabbi Levi ben Gershom — sometimes referred to by his Latinized name — Gersonides. Ralbag (1288-1344) lived in the region of Southern France known as Provence. In recent years, Ralbag’s commentaries on much of Tanach have been masterfully annotated and republished by Mossad Harav Kook in Jerusalem, Israel.
  7. In the standard Mikra’os Gedolos editions of Nach, this To’eles is listed as number 23 and can be found after Chapter 7 of Shmuel I. In the newer Mossad Harav Kook edition, however, it is listed as תועלת number 24.
  8. In all editions of Ralbag’s commentary this lesson is listed as number 1 in this group of To’eliyos.
  9. From: http://en.wikipedia.org/wiki/Preacher’s_kid
  10. According to Ralbag, this parent also makes efforts to be מיישיר אותם אל הטוב — to steer his/her children in the proper direction.
  11. Although he did not state so overtly, it seems clear that Ralbag understood Shmuel’s sons as having propensities for wrongdoing just like Eli’s sons did. Otherwise, the lower level of parental involvement, which Ralbag described as משגיח בענינם in his first To’eles would have sufficed for Shmuel’s sons.
  12. See Shmuel I 7:15-16 and Ralbag’s accompanying comments for an example of Shmuel’s devotion to serving his people in such a time-consuming and selfless fashion.
  13. Why did Eli fail to be as involved of a parent as he should have been? Ralbag does not address that question. Was Eli overly occupied with the needs of his people — like Shmuel — so that his sons’ needs were neglected? Or, perhaps Eli was not as busy with the needs of the Jewish people, but he just did not realize his sons had propensities for wrongdoing, and therefore required a higher level of parental involvement on his part? While one could certainly speculate, Ralbag does not seem to clearly address this point.
  14. Two additional comments of Ralbag concerning Dovid HaMelech are very relevant to this discussion. See Ralbag’s comments to Shmuel II 8:18 as well as To’eles #3 to Melachim I chapter 2. In both of those places, Ralbag introduces an even greater level of parental involvement which he called משגיח במוסר בניו – ensuring that one’s child is reprimanded and/or punished for his/her wrongdoings. This highest level of parenting goes beyond mere oversight, and is necessary when one’s child has stepped beyond the lines of acceptable behavior. According to Ralbag, had Dovid achieved that level of parental involvement, several of his sons might have turned out better. (It is important to note that unlike his treatment of Shmuel, Ralbag did not overtly attribute Dovid’s parental failings to his untiring efforts on behalf of the Jewish people.)

 




Saul Lieberman and his Ketubah, Driving on Shabbat, an Unusual Marriage Practice, Girls born on Friday, and More

Saul Lieberman and his Ketubah, Driving on Shabbat, an Unusual Marriage Practice, Girls born on Friday, and More

Marc B. Shapiro

For a long time, I have had an interest in Saul Lieberman. It has been almost twenty years since my book Saul Lieberman and the Orthodox appeared.[1] I have also dealt with Lieberman in many Seforim Blog posts. A few years ago, I did a series of eighteen classes on Lieberman on Torah in Motion. You can watch the classes on Youtube here or listen to the podcasts here. A letter from Lieberman that has recently come into my hands allows me to turn to Lieberman again. Yet before doing so, I must note at the same time that I was researching, writing, and teaching about Lieberman, Aviad Hacohen also published a number of works on Lieberman. His latest is a lengthy article on Lieberman and the Lithuanian Torah world that appeared in the recently published Rabbi David Golinkin Jubilee volume titled Shir ha-Ma’alot Le-David. It can be read here. In his article, Hacohen includes this nice photograph of Lieberman speaking with R. Aharon Lichtenstein.

We can also look forward to Hacohen’s forthcoming volume of Lieberman’s letters which will be vital for any future scholarship on Lieberman.

While Lieberman was always careful not to do anything that would be at odds with the Orthodox rabbis, there was one exception to this, and that was his ketubah. In order to help solve the Agunah problem, Lieberman proposed including in the ketubah a clause that the husband and wife authorize the beit din to award compensation if either party refuses to come to the beit din to halakhically end the marriage. For those married under Conservative auspices, the beit din mentioned in the ketubah would be the newly formed beit din of the Rabbinical Assembly and the Jewish Theological Seminary.[2]

A lengthy letter from Lieberman to R. Isaac Herzog, dated November 22, 1954, was recently placed at auction, available here. I thank a student who purchased the letter and sent it to me, enabling me to see page 4 which is missing from the auction site. After this post appears, I will present the letter to a suitable archive for safekeeping. This letter is of great significance, as Lieberman explains what motivated him to develop his addition to the traditional ketubah. We are also given insight into how he viewed the Orthodox and Conservative rabbis. Those who wish can see the complete letter in one PDF here.

In the letter, Lieberman begins by saying that he had not written to R. Herzog—who was a very close friend[3]—because he did not want to create difficulties for R. Herzog by bringing him into the controversy swirling around his proposed ketubah. He explains that certain non-Orthodox rabbis had begun to perform marriages for women who were only divorced civilly. This led people to think that the obligation of a get was not a serious matter. Lieberman notes that in circumstances where the husband does not want to give a get, it is usually possible to convince him to do so. The problem is that these “menuvalim” demand so much money to issue the get, that the women are unable to pay this: ואין מי שיתבע את עלבון העלובות

Lieberman then turns to what in his time was a well-known agunah case. I do not wish to go into details but only mention that the woman involved was the famous Trude Weiss-Rosmarin, who after her experience became a critic of the Orthodox approach in Jewish marriage and divorce law. In Lawrence Grossman’s great new book, Living in Both Worlds: Modern Orthodox Judaism in the United States, 1945-2025, p. 204, he writes that Weiss-Rosmarin was “perhaps the first woman from an Orthodox background to publicly demand the wholesale revision of the system [of Jewish divorce law].” In Weiss-Rosmarin’s 1953 article, “Wanted: Equality for Jewish Women,”[4] and in her later article “The Agony of the Agunah,”[5] she called for batei din to assume the authority of issuing divorces instead of husbands. She further claimed that “Jewish law is male-made and inevitably the male prerogatives are protected at the expense of the rights of women. While Jewish law is chivalrous in certain areas, ‘chivalry’ is not enough for the modern woman.”[6] Because of her strong stand in the matter of agunah, Weiss-Rosmarin has even been called the “the first feminist Jew and the first Jewish feminist.”[7] You can read about her here.

Lieberman says that when he saw how the rabbis did not do anything to help Weiss-Rosmarin, that he came to the conclusion that he must do something. His answer to the agunah problem was his ketubah. If the beit din orders payments based on the ketubah, he believed that this would be upheld by the secular court. Lieberman states that originally he wanted the beit din that would be in charge of this to have: רבנים יראי שמים ובקיאים בדיני גיטין וקדושין. He even reveals that R. Abraham Price of Toronto agreed to serve on this beit din, which means that R. Price accepted the halakhic legitimacy of Lieberman’s ketubah. However, the Rabbinical Council of America threatened to put the Orthodox rabbis in herem if they joined Lieberman’s proposed beit din.[8] Lieberman adds that since the RCA did not allow for Orthodox rabbis to join this beit din, there was no longer any possibility that the beit din would be able to write gittin. Rather, its only role would be to compel the man who refused to give a get to do so. He tells R. Herzog that he reformulated the ketubah, so that any recognized beit din can compel the man to issue a divorce and also require monetary payments.

Lieberman adds that the Orthodox assertion that Conservative rabbis wish to involve themselve in matters of gittin is laughable. It is of interest how Lieberman distinguishes between Orthodox and Conservative rabbis, something that only comes across in the Hebrew words he uses for “rabbi”:

כל הצעקה של הרבנים שהרבייס הקונסרבטיביים רוצים להכנס לענייני גיטין היא מצחיקה

Lieberman continues that the Conservative rabbis have no need for the income they could get from doing gittin, and they can make more money from other things. They have not gotten involved in kashrut, which is less complicated than gittin and has much more money in it. Lieberman adds that the fact that the Conservative rabbis accepted his proposal is a very positive thing, since if any of them now perform a wedding before the woman has received a get, they will be expelled from the Rabbinical Assembly. All Conservative rabbis are therefore forced to explain to their communities that civil divorce is meaningless and the woman is still regarded as married.

Lieberman then tells about the “young rabbis” who were in an uproar about his proposal. By this he means the rabbis of the Rabbinical Council of America. He says that they were claiming that it is forbidden to alter any of the formulations used in the ketubah, and that this is based on the fact that it is also forbidden to alter the text of a get from what the Sages have decreed.[9] Lieberman notes that he did not pay them any mind, and was happy to let them show their ignorance in public. He adds that the RCA rabbis have now begun screaming that the beit din of the Conservative rabbis has permitted kohanim to marry divorced women and to drive to synagogue on Shabbat.[10] Lieberman says that this is completely false. To begin with, they do not have a beit din. What this apparently means is that the Conservative movement does not have a national beit din that could issue rulings for the movement. Lieberman adds that a number of Conservative rabbis, mostly his students, demanded that any rabbi who performs a wedding between a kohen and a divorced woman, or permits his congregants to drive on Shabbat, should be expelled from the Rabbinical Assembly. Yet at the convention of the Rabbinical Assembly this proposal was rejected.

Already in 1952 the Committee on Jewish Law and Standards permitted Conservative rabbis to perform weddings between kohanim and divorced women.[11] As for driving on Shabbat, the famous responsum that permitted driving to synagogue, and only to synagogue, on Shabbat, was authored by Rabbis Morris Adler, Jacob Agus, and Theodore Friedman. It was reprinted in Mordecai Waxman, ed., Tradition and Change: The Development of Conservative Judaism (New York, 1958). Here is part of the preface to the responsum from which you see background:

The responsum printed below is the collective effort of three men who prepared it for the approval of the Law Committee of the Rabbinical Assembly. It secured the support of a majority of the Law Committee and it was subsequently presented at a convention of the Rabbinical Assembly (1950). However, in conformity with the policy of the Assembly not to give approval to legal provisions which have not been unanimously approved by the Law Committee, it was not voted upon. It thus remains as the opinion of a group of men, but has no official status.[12]

Although the responsum did not have official status as a ruling of the Conservative Movement, because of the support it received on the Committee on Jewish Law and Standards—the new name of the Law Committee beginning in 1948—it was regarded by the Conservative Movement as a halakhically acceptable option.[13] The way the Committee worked is that “a unanimous opinion is recorded as such and becomes binding upon every member of the Rabbinical Assembly. Where there is a difference of opinion, the opinion which dissents from the majority becomes a minority opinion, and the minority opinion also may be followed by the members of the Rabbinical Assembly.”[14]

In a 2023 article that appeared on the Rabbinical Assembly website here, it states that the responsum “was approved by the Law Committee,” which must mean “approved” as an acceptable option.

The halakhic position advocated by Adler, Agus, and Friedman is summed up in this paragraph from the responsum:

Refraining from the use of a motor vehicle is an important aid in the maintenance of the Sabbath spirit of repose. Such restraint aids, moreover, in keeping the members of the family together on the Sabbath. However, where a family resides beyond reasonable walking distance from the synagogue, the use of a motor vehicle for the purpose of synagogue attendance shall in no wise be construed as a violation of the Sabbath but, on the contrary, such attendance shall be deemed an expression of loyalty to our faith.[15]

Since we are dealing with a halakhic teshuvah, they also had to come up with a way to permit driving to synagogue that could be in line with halakhic sources. The way they did this was by asserting that driving a car is only a rabbinic prohibition. When it comes to the electricity that the car uses, that was not a difficult point to argue, but how could they assert that combustion of gasoline to produce power is also only a rabbinic prohibition? Their solution is to claim that burning is only a Torah-prohibited act when used for the purposes that the Sages recorded, such as cooking, heating, or lighting. “Burning for the sake of power was not included in this list” (p. 369). They also claim that any heat produced by the car’s combustion of gas is not intended or desired so it is a pesik reisha de-lo niha leh “which is permitted by the latest authorities” (p. 369). For good measure they add that the combustion is a melakhah she-einah tzerichah le-gufah according to the opinion of Tosafot, since the combustion is not for the purpose of burning but in order to cause the car to move.

After concluding that driving a car on Shabbat is only a rabbinic prohibition, they then claim that rabbinic prohibitions can be set aside when they prevent the fulfillment of a mitzvah, in this case the mitzvah being attendance at synagogue which is “indispensable to the preservation of the religious life of American Jewry.”[16] It is important to remember that the permission to drive on Shabbat was only for the purpose of attending synagogue. In 1961 Friedman clarified that the permission to drive on Shabbat was only intended to apply to the synagogue one normally attends, not to allow people to drive to a bar mitzvah at another synagogue. This outlook was affirmed in a statement adopted by the Committee on Jewish Law and Standards.[17]

It continues to amaze me that the majority of the Committee on Jewish Law and Standards, and no doubt the overwhelming majority of all Conservative rabbis, supported the Adler, Agus, and Friedman responsum. In the responsum it states: “To continue unmodified the traditional interdiction of riding on the Sabbath is tantamount to rendering attendance at the synagogue on the Sabbath physically impossible for an increasing number of our people.” This was always a foolish argument. In the 1950s there were plenty of Orthodox synagogues that had members who drove to synagogue on Shabbat. There were even Orthodox synagogues that left the parking lot open. But they never officially said that this was permissible. They just looked the other way, and many of the children of those who drove to synagogue became completely observant. In fact, over time, a number of those who drove to an Orthodox synagogue also became observant, precisely because they were never told that it was OK to drive on Shabbat and instead were given a religious goal—Shabbat observance—to strive for. This is the exact model today of Chabad synagogues.

In Rabbi Robert Gordis’ dissenting opinion from the majority of the Committee on Jewish Law and Standards, he wrote: “All experience teaches that the task of winning back the erring and the estranged, heartrendingly difficult as it is, is more often successfully achieved by traditional religion than by its non-traditional forms.”[18] Gordis also states: “To modify Jewish law in order to bring it into conformity with their [Sabbath violators’] way of life is tantamount to amending the Constitution of the United States so as to harmonize it with the viewpoint of an anarchist. . . . Had there been a large number of Elisha ben Abuyas or general Sabbath violators in their day, the Rabbis would not have consulted them as to how Sabbath observance should be conceived of.”[19]

Why couldn’t the Conservative movement simply ignore the fact that people in the synagogue had driven there on Shabbat instead of seeking to offer halakhic justification? Were they afraid that if congregants felt that the rabbi viewed them as sinning by driving to synagogue, that the congregants would be inclined to join a Reform temple where they wouldn’t be judged? Did they really think that people would stop coming to synagogue if they did not permit driving on Shabbat? The authors of the responsum were certainly aware that the people who drove to synagogue on Shabbat did not restrict themselves to only driving there, but they also drove throughout the Sabbath to wherever they wanted to go. So, what in the end did they think would be accomplished by this responsum? How did they not see that once the permission was granted, that even rabbis and cantors would avail themselves of it rather than moving within walking distance of their synagogues?[20] In 2003 Rabbi Ismar Schorsch, chancellor of the Jewish Theological Seminary, said that the decision to allow driving to the synagogue on Shabbat was a mistake,[21] but by this time, there were hardly any Conservative rabbis in the United States who would agree with him.[22]

Returning to Lieberman’s letter, he notes that “the rabbi from Boston,” by which he means R. Joseph B. Soloveitchik, also attacked him—without mentioning Lieberman by name—regarding the proposed addition to the ketubah. This is interesting, as I am unaware of any public communication from the Rav in which he attacked Lieberman. However, in 1954 R. Emanuel Rackman, working “with the direction of” R. Soloveitchik, expressed opposition to the Lieberman Ketubah. Rackman would later claim that the Rav’s opposition was “mild” and that the Rav admitted that he would have been able to work out a mutually satisfactory version of the ketubah with Lieberman.[23] Also of note is that in 1959, R. Norman Lamm published a critique of the Lieberman Ketubah.[24] Knowing Lamm’s connection to R. Soloveitchik, it is hard to believe that he would have published this article without the Rav’s approval. It is noteworthy that at this point in the letter Lieberman also refers negatively to musmakhim of RIETS as רבייס.

Lieberman continues that he would never change a text established by the Sages, but there is no problem changing the ketubah’s language. He cites R. Simeon ben Zemah Duran that one is even allowed “to lie” in the ketubah (the quotation marks are found in the letter). The case of R. Duran is about a young woman who was not a virgin but they wrote “virgin” in the ketubah, and R. Duran says that there is no problem in doing this.[25][26]

Lieberman adds that the Rabbinical Council of America has an ally in their opposition to Lieberman’s ketubah, namely, Professor Mordechai Kaplan, who viewed Lieberman as more dangerous than all the Orthodox rabbis.

Lieberman concludes the main part of the letter that he is prepared to accept the ruling of a beit din in Israel. His condition is that the beit din be composed of R. Herzog, R. Isaac Zev Soloveitchik (the Brisker Rav), and a third rabbi that they would agree on. If they rule that his ketubah is forbidden, he will abandon it. Since the ketubah he prepared was for the Conservative movement, it mentioned that the parties have to come to the Conservative beit din. However, Lieberman says that one can insert the name of any beit din in the ketubah, “as longs as it is a beit din that does not accept bribery.”

The remainder of the letter contains comments on a Torah article of R. Herzog.

It is noteworthy that R. Herzog dealt with the Lieberman ketubah at a meeting of the Moetzet ha-Rabbanut ha-Rashit on March 10, 1955.[29]

In attendance at the meeting, representing the Rabbinical Council of America, were Rabbis David Hollander and Herschel Schacter. At the meeting, R. Herzog said that although Lieberman is a great Torah scholar, he is not a gadol ba-Torah that we are all obligated to listen to. He adds that he does not see Lieberman’s addition to the ketubah as halakhically problematic. However, he has strongly protested the notion that a Conservative beit din will have any involvement in this matter. In 1953 R. Herzog wrote to British Chief Rabbi Israel Brodie and mentioned that years before he had already suggested a proposal similar to that of Lieberman.

See also this 1953 letter to South Africa Chief Rabbi Louis I. Rabinowitz where he repeats what he told R. Brodie.

We see from both these letters that R. Herzog had no objection to Lieberman’s ketubah and even wondered if Lieberman’s proposal based on his own prior suggestion.[30]

Great Torah scholar that he was, the ability to stand up to voices on his right was not one of R. Herzog’s strengths. As such, it was not long before he was dragged into a strong condemnation of the Lieberman Ketubah. Here is how Amihai Radzyner sums up what happened:

It appears that Rabbi Herzog was not at all sure that the new clause in the ketubah posed a halakhic problem (unlike the Conservative rabbinical court issue) and therefore decided that the Rabbinate would discuss the matter further and consider issuing an official protest. Later, Rabbi Herzog formulated a relatively moderate objection, in which he expressed doubt regarding the halakhic claim that the new clause would inevitably lead to coerced (and thus invalid) divorce (גט מעושה). Herzog drafted a statement to this effect, which he sent to members of the Chief Rabbinate Council. The moderate nature of the statement did not please Rabbi Reuven Katz, who insisted that would “assist criminals, God forbid.” He demanded a stronger wording that would express solid opposition to this “serious matter.” His demands seem to have been heeded: the Rabbinate ultimately would issue a statement in which Rabbi Herzog would warn congregations in the U.S. of the grave danger posed by the Conservative ketubah, in accordance with the wishes of the American Orthodox leadership. This statement – an appeal to rabbis of the United States signed by Israel’s two Chief Rabbis – refers to the Conservative ketubah as the “defiant ketubah” (כתובה חוצפנית) and states that the amendment will not solve the problem of “chained women,” and also warns that the new language, in conjunction with the new rabbinical court, could lead to a rift within the Jewish people.[31]

Here is the statement of the Chief Rabbinate, which includes the attack on the Lieberman ketubah, that Radzyner refers to.

It would be great to see how R. Herzog explained to his good friend Lieberman why he was forced to issue the condemnation, complete with its derogatory description of the Lieberman Ketubah. Unfortunately, no such letter exists in the archive, but Lieberman well understood the pressures R. Herzog was under.

Here are some additional points relevant to my Saul Lieberman and the Orthodox.

1. Mesorat Moshe, vol. 3, p. 389: Someone asked R. Moshe Feinstein if you can rely on Lieberman’s Tosefta. R. Moshe replied that Lieberman is a religious Jew so there is no fear that he would alter the text of the Tosefta.

2. In September 2025 Legacy Judaica, see here, put this letter up for auction from R. Chaim Kanievsky.

He replies that there is no prohibition to use the works of Lieberman. Asked about purchasing works published by JTS, he replies that he does not know. See here where I published the letter from Lieberman recommending that R. Kanievsky receive the Rothschild Prize, and see also here.

See also R. Meir Mazuz, Makor Ne’eman, vol. 3, no. 1337, who permits use of Tosefta ki-Feshutah.

3. See Ha-Ma’yan64 (Tamuz 5784), p. 119 n. 27, that R. Amos Tabanchik reports that R. Elazer Shakh gave R. Noah Shimanovitz a copy of Tosefta ki-Feshutah as a present. Also of note is that the ArtScroll English translation of Mishnah, Kilayim 8:4 cites Tosefta ki-Feshutah.

4. In Saul Lieberman and the Orthodox, I mentioned that R. Shemaya Grunbaum, a Satmar hasid, published a letter from Lieberman in his book,Siyata di-Shemaya al Masekhet Shabbat (Jerusalem, 1970), pp. 159-160. He does not refer to Lieberman by name, but as “hakham ehad”. However, Lieberman’s identity is only slightly veiled, as R. Grunbaum leaves in the letter’s reference to Ha-Yerushalmi ki-Feshuto. He obviously intended that those “in the know” would recognize with whom he was corresponding.

After R. Grunbaum’s book appeared, he sent it to Lieberman and asked Lieberman to send him his recently published Sifrei Zuta/Talmudah shel Kesarin. R. Grunbaum also apologized that due to reasons beyond his control, he could not mention Lieberman by name and thus referred to him as “hakham ehad”.[32]

5. In Ha-Mashbir5 (2025), I published a few letters from Lieberman to Heschel. See here. In one of the letters, Lieberman offers some notes to Heschel’s Torah min ha-Shamayim. Here is Heschel’s reply to Lieberman’s letter.[33]

6. I am writing this right before Thanksgiving, so it reminded me that it is reported that Lieberman did not saytahanunon Thanksgiving. Shearith Israel in Manhattan also does not say tahanun on Thanksgiving. In fact, they say a partial Hallel, from הללו את ה’ כל גוים until the final הודו לה’ כי טוב.[34]

7. David Sarna reports that Lieberman did not accept the Manhattan eruv and that he would not allow a bat mitzvah girl to address the congregation at the JTS synagogue.[35]

* * * * * * * *

I want to call Seforim Blog readers’ attention to the wonderful Youtube channel of Kerem: Bein Torah le-Hokhmah here. The main feature is R. Yonason Marton’s daily daf yomi and other shiurim. While his shiurim are in Yiddish, the summaries available in the show notes on Youtube are in Hebrew. R. Marton’s shiurim are a unique combination of traditional lomdus and academic scholarship. In addition, Kerem has hosted numerous academic scholars whose videos are also on the Youtube channel. Kerem is a unique institution led by special people, and I wish it much success as it continues to grow.

Appendix

We routinely use the word “virgin” in the ketubah, together with the applicable monetary amount, unless the woman has been previously married. We even do so if the couple is living together. As mentioned, this is allowed because as long as the future husband knows the truth, it does not matter what is written in the ketubah. That this is the law has been affirmed in modern times by R. Moshe Feinstein[36] and many others. In fact, this is so well established that I think it is a “known truth” that before marriage the husband needs to know if his future wife is a virgin, and that the ketubah is invalid if he gets married without knowing the truth. Indeed, how could it be any different, as we see from Ketubot 11b that if the man marries a woman thinking she is a virgin and she is not, that it is a mekah taut?

It will therefore come as a surprise for many that this view is not accepted by all. For instance, R. Shalom Mordechai Schwadron[37] deals with a case of an orphan woman who not only was not a virgin, but who had a child out of wedlock. She later got engaged to a man who did not know about her past. R. Schwadron ruled that in the interests of peace they could write “virgin” in the ketubah and keep the husband in the dark. As for the incorrect monetary amount, R. Schwadron has a few suggestions on how to deal with this as well, including having the woman sign a document foregoing the extra ketubah money due a virgin. This document would have to be kept with the beit din as the husband would not be aware of it.

I think people will also be surprised by the following, not merely the ruling of R. Joseph Hayyim but the entire situation he describes, as it is so foreign from our experience. I apologize if what follows is a little too explicit, but everything comes directly from Rav Pealim, vol. 1, Even ha-Ezer, no. 2.[38] R. Joseph Hayyim describes the following case. A man betrothed a woman on the assumption that she was a virgin. At the time, her father, mother and all her relatives “knew” that she was a virgin. However, between the betrothal and the marriage her parents learned that she had been intimate a few times with another man.

The practice in Baghdad was that on the night of the wedding, after the bride and groom went into their room, female relatives of the bride and groom would sit outside the door. In addition, a few male relatives and friends of the groom would also be there. They were all waiting to see the dam betulim. After the husband finished his marital duty, he would get dressed, open the door, and leave.[39] The women would then come in to see the dam betulim. If they saw it, they would make the loud celebratory sound we have all heard from women from Arab countries, which is called zaghrouta. If they did not see the dam betulim, that meant the groom did not do his job properly, and he would come back to try again.[40]

In the particular case of the responsum, the parents of the woman came up with a trick to spare her embarrassment: The bride put blood on the sheet, but it was not her blood. However, someone who was close to the family of the bride knew the truth and was worried that the marriage was not halakhically binding. After all, the man married her under false pretenses as he thought she was a virgin, and so it was written in the ketubah.

R. Joseph Hayyim replies that the marriage is binding and the husband should not be told that he was fooled, as this will lead to great shame for the bride and her family. As for the matter of the ketubah, R. Joseph Hayyim says that the bride and her relatives must be told that in the event of her being able to collect the ketubah money, she can only claim that which a non-virgin is entitled to.

Both R. Schwadron and R. Joseph Hayyim are cited by R. Netanel Meoded in his own responsum where he concludes that one should not inform a man that the woman he is marrying, whom he thinks is a virgin, was sexually active before their engagement. See Mizrah Shemesh, vol. 2, no. 31.

R. Joel Roth, writing from a Conservative perspective, argues for removing the word betulta from the ketubah. See Roth, Hakol Kol Yaakov, ed. David Golinkin (Jerusalem, 2023), pp. 361ff.

Let me now turn to another strange thing. In previous centuries there was a belief among some that a girl who was born on Friday did not have betulim. Quite apart from the absurdity of the belief, the halakhic problem it would create is obvious, since as R. Abraham Zvi Klein notes, it would mean that with any woman whose birthday is unknown, there would be no ta’anat betulim because perhaps she was born on Friday. To this I would add, since there is no mention of this “medical” point in the Talmud or rishonim, it is shocking that anyone took it seriously. In R. Eliyahu Bar Shalom’s standard work, Mishpat ha-Ketubah,[42] he feels it necessary to write:

גם לנולדת ביום ששי יש כתובת בתולה ככל שאר הנישאות, אף שיש שמועה שאין לה בתולים

What is the origin of this belief? The first reference I found is in R. Isaac Lampronte of Ferrara’s (1679-1756) halakhic encyclopedia Pahad Yitzhak. R. Lampronte was also a doctor, so his recording of this medical legend is itself noteworthy.

In Pahad Yitzhak, s.v. na’arah, R. Lampronte mentions that in Italy the practice is that if a girl is born on Friday this fact is recorded, precisely in order to deal with the halakhic issue already mentioned. That is, if the husband will later assert that there was no dam betulim, this would not be regarded as a valid claim. R. Lampronte states that despite the Italian practice, he did not find any mention of the unique nature of girls born on Friday either in the Talmud or poskim, and that there is also no mention of it in scientific or medical works. He therefore claims that the assumption that girls born on Friday lack betulim should not be relied upon, as on the contrary, sometimes girls born on Friday indeed have belutim.

R. Hayyim Joseph David Azulai, who lived in Italy, also mentions the belief that girls born on Friday lack betulim. He says that he was told about this from distinguished people in Italy and Amsterdam. He also cites from the then unpublished section of Pahad Yitzhak just mentioned. As with R. Lampronte, R. Azulai is surprised by this biological assumption, because if it is true, the Sages would have mentioned something about it.[43]

Many people have cited the Pahad Yitzhak and Hida, however, the story does not end there. There was another great rabbi in Italy, R. Daniel Tierni of Florence (died 1814), author of the commentary on the Shulhan ArukhIkarei ha-Dat (הד”ט – playing on the abbreviation of his name). In his commentary to Yoreh Deah 21:10, he tells us that he saw additions that R. Lampronte made to the Pahad Yitzhak. These additions have not appeared in print, so we must be grateful for what R. Tierni preserved. Here R. Lampronte states that the entire matter is a complete falsehood, sheker gamur.[44] Yet R. Tierni adds that everywhere in Italy where he has lived, they are careful to record in the communal record whenever a baby girl is born on Friday to avoid problems when she later gets married. He notes that the non-Jews also do this. As for why there are girls born on Friday who have betulim, he explains this through astrology, and suggests that it depends when on Friday they are born, since only certain hours on Friday are under the rule of Venus.

As late as 1902, R. Isaac Raphael Ashkenazi (1826-1908), the rav of Ancona, writes that the practice of his city is to record the girls who are born on Friday, and he thinks this is what other communities should do as well.[45]

Riddles

It has been a long time since I included a riddle, and I now have a bunch of books that I can give away to those who get the right answers. If you have the answers, email them to me at shapirom2 at scranton.edu

1. Where do we find that Shammai not only disagrees with Beit Shammai, but also agrees with Beit Hillel?

2. In the days of the tannaim a certain item was unquestionablymuktzeh. However, in the post-talmudic period, some hold that this item is no longermuktzeh. What item am I referring to? Provide the actual source in the Talmud and later authorities to justify your answer.

I asked ChatGPT this question but the answer it provided was phony, complete with a non-existent citation from R. Moshe Isserles. I am sure ChatGPT will provide other answers, and perhaps one of them might be correct

* * * * * *

[1] This book began as an invited lecture in memory of Lieberman sponsored the Union of Traditional Judaism. One of the organizers of the event was Rabbi Ronald Price. I mention this because R. Price is the author of the newly published book, Divrei Halev: Thoughts of Rabbi Professor David Weiss Halivni on the Weekly Torah Portion. Here is part of the book’s description on Amazon:

Divrei Halev is the result of a multi-year collaboration between Rabbi Ronald D. Price and his teacher, the world-renowned Talmudic scholar Rabbi Professor David Weiss Halivni, of blessed memory. Nearly every week from 2008 to 2012, Rav Halivni shared a thought with Rabbi Price on the weekly Torah portion, which the student faithfully recorded. Divrei Halev includes over two hundred brief divrei Torah spread across all fifty-four parashiyot.

I was one of those privileged to write a blurb for the book, together with Professors Gershon Bacon Reuven Kimelman, David Novak, and Dr. Elana Stein Hain. In the interests of space, my blurb was edited, so here is a good opportunity to record my unabridged blurb.

Rabbi Halivni’s greatest contribution was of course his groundbreaking talmudic scholarship. Yet anyone who had the pleasure of davening with Rabbi Halivni on Shabbat, as I did in the late 1990s and early 2000s, saw a different side of him, that of a rav of a kehillah, a spiritual leader, whose spoken word on Shabbat was able to both enlighten and inspire. Those of us who were able to experience this, and those who never had the opportunity, owe a great debt to Rabbi Ronald Price for bringing the words of our teacher to life.

Regarding Halivni, see also what I wrote here.

Let me now share another story about Halivni. On Erev Pesah 2001 or 2002 I was walking to shul on the Upper West Side and I saw Halivni coming down the street. I asked what brought him to my neighborhood, as I knew he did not live in the area. He told me that he wanted to find a minyan that said Hallel after maariv. I took him to Ohab Zedek and was told that they do not say maariv. We started out in search of another shul and came upon the Chabad minyan on the Upper West Side, where we davened. I remember being very impressed by two things at this minyan. First, that the Chabad rabbi and at least a couple of other Chabad attendees knew who Halivni was. Second, how they treated him with the greatest respect.

[2] Subsequent to publication of my Saul Lieberman and the Orthodox, Monique Susskind Goldberg discussed Lieberman’s Ketubah in id. and Diana Villa, Za’akat Dalot: Pitronot Hilkhati’yim le-Be’ayat ha-Agunot bi-Zemanenu (Jerusalem, 2006), pp. 104ff. On p. 112, she also discusses a proposed adjustment to the ketubah by R. She’ar Yashuv Cohen.

Whether the Lieberman Ketubah could be civilly enforced was at the center of the famous 1980s N.Y. case, Avitzur vs. Avitzur. See here and here. Contrary to all the naysayers, the court upheld the legitimacy of the Lieberman Ketubah from the standpoint of American law. The National Jewish Commission on Law and Public Affairs, an Orthodox organization, got involved with the case together with the Jewish Theological Seminary to support the plaintiff whose husband had refused to appear before the beth din of JTS and the Rabbinical Assembly in order to give her a get. Nathan Lewin told me that R. Moshe Sherer, the head of Agudat Israel, asked Lewin to become involved with the case. Even though it did not focus on the Orthodox community, Sherer—and the Agudah rabbinic leadership he must have consulted—thought it was important that the principle that the government could, in certain circumstances, require people to go to beit din be upheld.

[3] According to Chaim Herzog, Lieberman was his parents’ closest friend. See Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York, 2005), p. 53. On this page, Schochet and Spiro write that “Lieberman enjoyed the respect of R. Yosef Shalom Eliashiv, the av beit din of Jerusalem.” If one consults the source they offer for this sentence, Yitzhak Raphael’s eulogy for Lieberman in Sinai 93 (Nisan-Iyar 5783), p. 91, one finds that Raphael’s actually refers to R. Elyashiv’s grandfather, the kabbalist R. Solomon Elyashiv.

[4] Congress Weekly, Aug. 17, 1953, cited in Regina Stein, “The Boundaries of Gender: The Role of Gender Issues in Forming American Jewish Denominational Identity, 1913-1963” (unpublished doctoral dissertation, Jewish Theological Seminary, 1998), p. 319.

[5] Conservative Judaism 20 (Fall 1965), pp. 51-54.

[6] Stein, “The Boundaries of Gender, p. 320.

[7] See Naomi Salfati, “On Feminist Judaism, Jewish Feminism and the Advancement of Women’s Roles in Jewish Tradition” (unpublished master’s dissertation, Hebrew University, 2014), p. 16, available here. Salfati discusses Weiss-Rosmarin’s article, “The Unfreedom of Jewish Women,” which also deals with the “unfairness of Jewish marriage laws to divorced and abandoned women.”

Weiss-Rosmarin is also known for her book Judaism and Christianity The Differences. In Alan Brill’s newly published A Jewish Trinity: Contemporary Christian Theology through Jewish Eyes, Weiss-Rosmarin’s approach, which is the “standard” view Jews are taught, is specifically rejected throughout the book. In the very first paragraph of A Jewish Trinity, Brill writes: “For many Jews and Christians, Weiss-Rosmarin’s basic unbridgeable theological divide between the religions remains a truism. This book rejects Weiss-Rosmarin’s simple zero-sum declaration by asking whether the Jewish theological vision and the Christian theological vision are fundamentally irreconcilable, or can the positions be conceptually bridged.”

[8] In a December 3, 1954, statement, the RCA and the Rabbinical Alliance of America condemned the Lieberman ketubah, stating that it had “the gravest implications to the sanctity of Jewish family life and represents the most disastrous disavowal of the principles of Jewish law.” See Benjamin Steiner’s important article, “The Lieberman Clause Revisited,” American Jewish Archives 69 (2017), p. 54.

[9] For criticism of the Lieberman Ketubah from another angle, see R. Eliezer Waldenberg, Tzitz Eliezer, vol. 5, pp. 23ff., vol. 21, no. 62. See also R. Joseph Elijah Henkin, “Tikun o Harisah,” Ha-Pardes, Shevat 5755, pp. 20-22. R. Isaac Herzog responded to this article, see Tehukah le-Yisrael al Pi ha-Torah, vol. 3, pp. 208-209.

At a 1953 gathering of Conservative rabbis and JTS faculty, Lieberman discussed his proposal, which he referred to as a takkanah. He said as follows, clearly exasperated with the American Orthodox rabbinate.

I saw that some of you were accused of being frightened by the Orthodox rabbis. I want to tell you that I am not frightened by them at all.

I want, therefore, to give you a point of information. In truth, they were frightened, and I want you to know why they were frightened. They weren’t afraid that the בית דין would issue some תקנות. No, not at all. They were afraid that the בית דין will issue תקנות in accordance with the law.

As a matter of fact, one of the very important members of the Orthodox rabbis said so in so many words: If this בית דין of the Rabbinical Assembly will issue a תקנה, that will be תקנתו קלקתו. It will be a great misfortune because they will get authority and that is the reason why they oppose this. Many of them think that that בית דין will begin to move in this line, the movement can become strong and it will affect them.

Now about this תקנה. I would like to tell you that this תקנה has nothing to do with the בית דין that will be established—and I hope it will be established soon; but this I would like to see you adopt immediately because it has a tremendous practical value.

David Golinkin ed., Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970 (Jerusalem, 1997), vol. 2, pp. 810-811.

[10] These two points are mentioned by Rabbi Hollander at the meeting with the Moetzet Ha-Rabbanut ha-Rashit. See below. Hollander refers to Conservative rabbis permitting these matters, not a Conservative beit din.

[11] See here. The basis for the Committee on Jewish Law and Standard’s ruling was the responsum of Rabbis Ben Zion Bokser and Theodore Friedman published in Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, pp. 1459-1462.

[12] Waxman, Tradition and Change, p. 351.

[13] Regarding the change of name from Law Committee to Committee on Jewish Law and Standards, see here.

It is of interest that in 1992 the Conservative movement in Israel, known as Masorti, issued a ruling forbidding travel to synagogue by car on Shabbat in Israel. See here. See also Rabbi David Golinkin’s responsum on this matter here.

[14] Formulation of Rabbi Aaron Blumenthal in Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, p. 1464.

[15] Waxman, Tradition and Change, p. 361.

[16] Waxman, Tradition and Change, p. 370.

[17] Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927-1970, vol. 3, pp. 1186-1188.

[18] Waxman, Tradition and Change, p. 390.

[19] Waxman, Tradition and Change, p. 390. See also ibid., pp. 392ff. for Rabbi Ben Zion Bokser’s rejection of the permission to drive on Shabbat

[20] For the recent debate of the Committee on Jewish Law and Standards regarding use of an electric car on Shabbat, see here. In this article, Rabbi Danny Nevins is quoted: “Those who accept the 1950 CJLS minority position permitting people to drive to synagogue in a gas-powered car would be justified extending this permission to electric cars.” Yet as mentioned above, the 1950 CJLS position permitting people to drive to synagogue on Shabbat was the majority position, not the minority.

[21] See here.

[22] Regarding driving to synagogue on Shabbat, I think many will be surprised by some of the lenient views that have been expressed. Following this paragraph is a responsum from Kollel Eretz Hemdah’s Be-Mareh ha-Bazak, vol. 3, no. 38, in which they rule that it is permitted for a non-Jew to drive a Jew to synagogue on Shabbat if this is vital to keep the person connected to Judaism. They also state that this should not be done every week. According to what is stated at the beginning of the volume, all responsa published in the book were approved by R. Shaul Yisraeli.

R. J. Simcha Cohen suggested that for people who could not walk to synagogue in Century Village in West Palm Beach, that they could get on the bus that transports people along set routes within the community’s confines. This would only apply if the driver was not Jewish. See Cohen,Shabbat: The Right Way(Jerusalem, 2009), pp 181ff. He also includes R. Moshe Dovid Tendler’s letter opposing this leniency. R. Tendler writes: “The heter would destroy the sanctity of the Shabbos. It would be extended to other ‘good deeds’ like visiting parents, hospital patients, attending rallies and even earning money on Shabbos to pay yeshiva tuition.” R. Yosef Carmell, the head of Eretz Hemdah, also replied, and he followed the approach already approved by R. Yisraeli.

If the bus is clearly labeled as a ‘Shabbat bus,’ is announced as appropriate only for those too weak to walk on their own, and even then only to be used for transportation to and from shul, it could be positive, provided that someone familiar with the community feels it would be necessary. (One must, of course, verify that only non-Jewish drivers are used.) However, we would recommend monitoring public impression (not only before implementation but also after) so as to gauge whether people view this as either a religious farce or a sweeping abrogation of hilchot Shabbat (in which case the service should be discontinued).

We would also like to suggest the aforementioned ruling of Rav Yisrael, zt”l (Be-mareh ha-bazak IIII:38) of having the Shabbat bus run only occasionally (or perhaps alternate weeks, etc.) so as to stress that we are dealing with a she’at ha-dechak.

R. Carmell understood R. Cohen to be referring to a special Shabbat bus run by the Jewish community. But what he was referring to was the already existing bus that transports people, free of charge, to different places within Century Village.

Significantly, when asked by the community of Century Village, Boca Raton, R. Hershel Schachter gave his permission for people who can’t easily walk to take the communal bus to synagogue. See here.

See also R. Schachter, Nefesh ha-Rav, p. 233, that R. Soloveitchik opposed having a “Shabbat bus”. The Rav noted that although this could be justified halakhically, since driving to synagogue on Shabbat had become a symbol of the Reform and Conservative movements, this means that even driving to synagogue in a halakhically permissible manner is now forbidden.

R. Ben Zion Uziel earlier gave permission for Jews to use public transportation to go to synagogue, but only in a place where the majority of riders are non-Jewish. SeeMishpetei Uziel, vol. 1,Orah Hayyim, no. 9, Mahadura Tinyana, vol. 1, Orah Hayyim, no. 32.

At the end of his book, R. Cohen offers a different suggestion, namely, a rickshaw attached to a bicycle. He writes:

Accordingly, a rickshaw bicycle driven by a non-Jew would also not be prohibited because of the concern that he might repair the bicycle on Shabbat, since a Gentile may repair anything he wishes on Shabbat. . . Using all the methods mentioned above, one could arrange, well within the bounds of Halacha, for a bicycle rickshaw to transport Jews who are unable to walk to and from the synagogue on Shabbat. This would involve no Biblical violations at all.

In Hakirah 37 (2025), Avi Kadish published a memoir which describes how he became religious. He reports that R. Moshe Feinstein permitted him to ride to synagogue on Shabbat in the car driven by his father. This only happened twice, as Kadish’s father realized that his son was uncomfortable using the car. From then on, every Shabbat they walked the two hours fifteen minutes each way to synagogue. What makes R. Feinstein’s ruling so interesting, is that Kadish was over bar mitzvah age. (Kadish notes that R. Avraham Pam had also given such a ruling with regard to a katan.) Kadish publishes the following comment from R. Shabbetai Rapoport:

I see no halakhic novelty here. If your father was going to shul anyway, why should there be any reason to forbid you to go with him? Rav Moshe’s opinion was that there is no difference between partnership with a Sabbath violator and partnership with a gentile. The ḥumra that a passenger in a car causes more fuel to be burned is mentioned in his writing, but only as a ḥumra. Therefore, this ruling fits his halakhic methodology quite well. The [real] novelty is that he did not fear any criticism that might have arisen, and this is indeed characteristic and correct [of Rav Moshe].

I don’t understand R. Rapoport’s point. The novelty is that Kadish was receiving benefit from a melakhah done on Shabbat by a Jew.

R. Shlomo Zalman Auerbach has an interesting pesak in Minhat Shlomo, Orah Hayyim, no. 3 (end). He rules that one who accepts Shabbat early is able to be driven by a non-Jew, and in a “tzorekh gadol” can also be driven by a Jew. He says that there is no ziluta de-Shabbat involved.

הואיל וליכא בכה”ג זילותא דשבתא שהרי אצל כולם עדיין הוא חול

R. Yitzhak Yosef states that for someone who drives to synagogue on Shabbat, it is better that he arrange to be taken by a non-Jew, unless this will lead to communal problems (e.g., others who are currently walking to synagogue might now feel that it is OK to have a non-Jew take them). Thus, he requires a local rav who knows the situation to make such a decision. SeeYalkut Yosef, Hilkhot Shabbat, vol. 5, p. 61.

Regarding using an autonomous taxi on Shabbat, see R. Eitan Kupietzky in Ha-Ma’yan, Tevet 5784, pp. 35-42. According to R. Aharon Goldberg, R. Shlomo Zalman Auerbach’s grandson, R. Auerbach had no objection to use of a car on Shabbat if there are no halakhic violations with this car, and that this could actually enhance Shabbat observance. In response to the objection that use of such a car would destroy Shabbat as we know it, a concern that was at the center of the Hazon Ish’s approach to use of electricity on Shabbat, he replied:

ההלכה היא לא איך שנראה לנו, אלא אם זה מותר אז מותר!

See Aryeh Edrei and Amir Mashiah, “Arba Amot shel Halakhah: Ha-Rav Shlomo Zalman Auerbach,” in Binyamin Brown and Nissim Leon, eds. Ha-Gedolim (Jerusalem, 2017), pp. 720-721. Along these lines, a new pesak has recently appeared from R. Menachem Perl, the head of the Tzomet Institute. According to him, one can make use of an iRobot vacuum on Shabbat as long as it is activated before Shabbat. See here.

Because the world is changing so much when it comes to technology, I think that due to pressing circumstances the future will bring a number of lenient rulings regarding Shabbat. For example, the day is not far off when in major cities one will not be able to enter an apartment building, or even a private apartment in such a building, without using an electronic keypad or key card. It is hard to imagine that poskim will rule that Jews are not allowed to live in these buildings, as that would mean the end of Orthodox communities in many places.

[23] Stein, “The Boundaries of Gender,” pp. 331, 338.

[24] Norman Lamm, “Recent Additions to the Ketubah,” Tradition 2 (Fall, 1959), pp. 93-118.

[25] The case R. Duran discusses is of a girl who might not have even been twelve years old. She was kidnapped by non-Jews and brought to Tunis where she was redeemed (“bought”) by a Jewish man who proceeded to have sex with her. Another man then removed her from Tunis—he must have paid the first man—to bring her to her father. On the way he married her, and that is when the ketubah was written stating that the young woman was a virgin. By this time, she was checked by women and showed signs of physical maturity, and the halakhic significance of this is discussed by R. Duran. The fact that the girl was raped by her first “redeemer” is not even discussed as it is not relevant to the halakhic issue R. Duran focuses on.

In general, when one sees responsa that refer to sexual relations with young girls, one need not assume that we are dealing with a case of rape, as it is possible that the husband was also very young. See e.g., Teshuvot Hakhmei Tzarfat ve-Lotir, no. 14:

בועל בעילת מצוה ופורש בתנוקת מפני צחצוחי זיבה

See also ibid., no. 52.

[26] See Appendix.

[27] See Saul Lieberman and the Orthodox, p. 20, where I discuss Lieberman’s relationship with Kaplan, and that it seems that after the Agudas ha-Rabbonim put Kaplan in herem, Lieberman observed the herem. See also my earlier post here. See also here where I discuss the burning of Kaplan’s siddur and show that contrary to what has often been said, this was not sanctioned by Agudas ha-Rabbonim.

[28] Regarding Lieberman and the Brisker Rav, see the passage from R. Mordechai Elefant’s memoir I posted here.

[29] Israel State Archives, Chief Rabbinate files, 15796/2-גל, new file locator: 000ier0.

[30] The letters to Brodie and Rabinowitz are found in Israel State Archives, Herzog files 4255/11-פ, new file locator: 000bvq8. There is another letter to Brodie in Herzog, Tehukah, vol. 3, pp. 201-202. See also Herzog, Tehukah, vol. 3, p. 201, from a 1954 letter to Haim Cohn, where he again mentions Lieberman’s ketubah with reference to his own suggestion. This last reference and the manuscript letter to Brodie published here are mentioned in Amihai Radzyner, “Reform or Necessary Change: The Attempt to Translate the Ketubah into Hebrew and the Reactions to It,” Hebrew Union College Annual 93 (2022), p. 176 n. 111. However, he does not mention R. Herzog’s letter to Rabinowitz.

[31] Radzyner, “Reform or Necessary Change,” p. 176.

[32] This letter is found in the Saul Lieberman Archives, Arc. 76/6, Library of the Jewish Theological Seminary of America. I thank the Library for permission to publish this letter as well as the letter from Heschel to Lieberman below.

[33] This letter is found in the Saul Lieberman Archives, Arc. 76/6, Library of the Jewish Theological Seminary of America.

[34] This was confirmed by Zachary Edinger, Ritual Director at Shearith Israel.

[35] Sarna, Growing up Conservadox, pp. 30, 32.

[36] Iggerot Moshe, Orah Hayyim, vol. 4, no. 118.

[37] Teshuvot Maharsham, vol. 7, no. 152.

[38] In some communities there was even a practice after the wedding night of a public recitation of a blessing known as birkat betulim. Maimonides, however, saw this as a disgraceful breach of modesty as well as a berakhah le-vatalah. See Ezra Brand’s post here.

[39] He would leave and not return to her, because the practice in Baghdad was that husband and wife did not sleep alone in the same room until after she had gone to the mikveh. This was also the practice in Djerba (it no longer is), and there is a source for this in the rishonim. See R. Meir Mazuz, Asaf ha-Mazkir, pp. 299-300.

Regarding the Baghdad practice described by R. Joseph Hayyim, see Ketubot 12a:

In Judea, at first they would appoint for them two groomsmen [shushvinin], one for him and one for her, in order to examine the groom and the bride at the time of their entry into the wedding canopy [and thereafter, to ensure that neither would engage in deception with regard to the presence or absence of blood from the rupture of the hymen]. . . . In Judea, at first the groomsmen would sleep in the house in which the groom and bride sleep, [in order to examine the sheet on which the marriage was consummated immediately following intercourse].

[40] See Tosafot, Kiddushin 12b. s.v. mishum, that according to R. Tam, this custom is to be regarded as peritzut.

דהיינו פריצותא לפי שצריך או עדי ביאה או עדי יחוד ודבר מכוער שמעמיד עדים על כך

[41] See Roth, Hakol Kol Yaakov, ed. David Golinkin (Jerusalem, 2023), pp. 361ff.

[42] Vol. 3, p. 124.

[43] Ayin Zokher, ma’arekhet bet, no. 3.

[44] See, similarly, R. Joshua Solomon Ardit, Hina ve-Hisda, vol. 1, p. 164a. I saw this reference in Zev Wolf Zicherman, Otzar Pelaot ha-Torah, vol. 3, p. 926.

[45] Va-Ya’an Yitzhak, Even ha-Ezer, no. 8.




Le-Tacen Olam (לתכן עולם): Establishing the Correct Text in Aleinu

Le-Tacen Olam (עולם לתכן): Establishing the Correct Text in Aleinu[1]
By Mitchell First (mfirstatty@aol.com)
 
                    The Jewish obligation of עולם תקון (=improving the world) is widely referred to and it is traditionally assumed that the Aleinu prayer is one of the texts upon which this obligation is based.
                    This article will show that a very strong case can be made that the original version of Aleinu read עולם לתכן (=to establish the world under God’s sovereignty), and not עולם לתקן (=to perfect/improve the world under God’s sovereignty[2]). If so, the concept of עולם תקון has no connection to the Aleinu prayer.[3]
—–
                    It is reasonable to assume that Aleinu was already included in the Amidah of Rosh ha-Shanah (=RH) by the time of Rav (early 3rd century C.E.).[4] But no text of Aleinu is included in the Talmud, nor is a text of Aleinu included in any of the classical midrashim.[5] Therefore, we must look to later sources for texts of Aleinu.
                     When we do, we find that the reading לתכן is found in the text of the RH Amidah in the Siddur Rav Saadiah Gaon (d. 942),[6] and in the text of the RH Amidah in the Mishneh Torah of the Rambam (d. 1204).[7] Moreover, it is found in numerous prayer texts from the Cairo Genizah that include this line of Aleinu.[8] For example, it is found in: 1) a fragment of the RH Amidah first published by Jacob Mann in 1925;[9] 2) a fragment of the RH Amidah first published by Richard Gottheil and William H. Worrell in 1927;[10] 3) a fragment of the RH Amidah first published by Mordecai Margaliot in 1973;[11] and 4) a fragment of Aleinu first published by Mann in 1925.[12] It is found in many other Aleinu prayer texts from the Cairo Genizah as well.[13] (In the fragment of Aleinu first published by Mann in 1925, Aleinu is included in the Pesukei de-Zimra section of the Palestinian shaḥarit ritual.[14])
                     Furthermore, the reading לתכן survives in Yemenite siddurim to this day. It was also the reading in the original tradition of the Jews of Persia.[15]
                    Admittedly, the reading in Europe since the time of the Rishonim has been לתקן. See, for example, the following texts of Aleinu:
                      – Maḥzor Vitry of R. Simḥah of Vitry (daily shaḥarit and RH);[16]
                      – Siddur Ḥasidei Ashkenaz (daily shaḥarit and RH);[17]
                      –Peirush ha-Tefillot ve-ha-Berakhot of R. Judah b. Yakar (RH);[18]
                      –Peirushei Siddur ha-Tefillah of R. Eleazar b. Judah of Worms (RH);[19] and
                      –Sefer Arugat ha-Bosem of R. Abraham b. Azriel (RH).[20]
                   The three main manuscripts of Seder Rav Amram Gaon also read לתקן.[21] But these manuscripts are not from the time of R. Amram (d. 875); they are European manuscripts from the time of the later Rishonim.[22]
                   Earlier than Maḥzor Vitry, we have circumstantial evidence for the reading לתקן in comments on Aleinu that were probably composed by R. Eliezer b. Nathan of Mainz (c. 1090-1170). Here, in Hamburg MS 153,[23] the following explanatory comment about Aleinu is expressed (without a text of the line itself): [24] …בשמך יקראו וכולם מלכותך מתקנים העולם כל ויהיו
                   Another manuscript also largely composed of the comments of R. Eliezer b. Nathan has essentially this same reading, in two places.[25] Another manuscript, which is probably the Siddur of R. Eliezer b. Nathan, has a similar reading: [26] …בשמך  יקראו  וכולם .במלכותך  מתקנים  העולם כל  ויהיו
                    Admittedly, it cannot be proven that לתכן was the original reading. But this seems very likely, as לתכן is by far the better reading in the context. This can be seen by looking at all the other scenarios that are longed for in this section:
                                 הארץ מן  גילולים להעביר עוזך בתפארת  מהרה לראות י-שד במלכות  עולם לתקן /לתכן  יכרתון כרות  והאלילים ארץ רשעי כל אליך  להפנותבשמך יקראו בשר בני וכל יכירו וידעו כל יושבי תבל כי לך תכרע כל ברך תשבע כל לשון ולכבוד שמך יקר יתנו יכרעו ויפולו אלקינו ה׳ לפניך   ותמלוך עליהם מהרה לעולם ועד עול מלכותך את ויקבלו כולם בכבוד תמלוך עד ולעולמי היא שלך  כי המלכות
             Beginning with the second line, להעביר, every clause expresses a hope for either the removal of other gods or the universal acceptance of our God. With regard to the first line, properly understood and its mystical and elevated language decoded,[27] it is almost certainly a request for the speedily rebuilding of the Temple.[28] Taken together, this whole section is a prayer for the rebuilding of the Temple and the establishment of God’s kingdom on earth. This fits the reading לתכן perfectly.[29]
             It is appropriate that this section of Aleinu is fundmentally a prayer for the establishment of God’s kingdom on earth. Most likely, this section was composed as an introduction to the malkhuyyot section of the RH Amidah.[30]
             Moreover, we can easily understand how an original reading of עולם לתכן might have evolved into עולם לתקן, a term related to the familiar term העולם תקון. The term העולם תקון (always with the definite article) is widespread in early rabbinic literature.[31] It is found thirteen times in the Mishnah, and seventeen times in the Babylonian Talmud.[32] The alternative scenario, that the original reading was עולם לתקן and that this evolved in some texts into the unusual reading עולם לתכן, is much less likely.[33]
              Finally, the ב of י-שד במלכות seems to fit better in י-שד במלכות עולם לתכן (=to establish the world under God’s sovereignty) than in either of the two ways of understanding י-שד במלכות עולם לתקן.[34] Also, the use of the word עולם instead of העולם and the lack of an את before the object עולם perhaps fit the reading לתכן better. I leave a detailed analysis of these aspects to grammarians.
                                                    Conclusion
             There is no question that social justice is an important value in Judaism.[35] Moreover, classical rabbinical literature includes many references to the concept of העולם תקון, both in the context of divorce legislation and in other contexts. The purpose of this article was only to show that is almost certainly a mistake to read such a concept into the Aleinu prayer, a prayer most likely composed as an introduction to the malkhuyyot section of the Amidah, and focused primarily on the goal of establishing God’s kingdom on earth. Even if we do not change the text of our siddurim, we should certainly have this alternate and almost certainly original reading in mind as we recite this prayer.[36]

 

[1]  This essay is a revision of Mitchell First, “Aleinu: Obligation to Fix the World or the Text,” Ḥakirah 11 (Spring 2011), pp. 187-197, available here.
   I would like to thank Yehiel Levy for showing me his Yemenite siddur which read לתכן and inspired this research. I would like to thank R. Moshe Yasgur for sharing his thoughts and for always being willing to listen to mine. I would also like to acknowledge the assistance of Dr. Ezra Chwat of the Institute of Microfilmed Hebrew Manuscripts at the Jewish National and Hebrew University Library, and the assistance of Binyamin Goldstein. Finally, I would like to dedicate this article to my beloved wife Sharon, whose name has the gematria of תקון and who needs no improvement.
[2] The above is how this phrase is usually translated. But The Complete ArtScroll Siddur, p. 161, translates: “to perfect the universe through the Almighty’s sovereignty.” Others adopt this translation as well. See e.g., J. David Bleich, “Tikkun Olam: Jewish Obligations to Non-Jewish Society,” in Tikkun Olam: Social Responsibility in Jewish Thought and Law, eds. David Shatz, Chaim I. Waxman, and Nathan J. Diament, Northvale, N.J.: Jason Aronson, 1997, p. 61.
[3] One scholar who intuited that the original reading may have been לתכן is Meir Bar-Ilan. See his “Mekorah shel Tefillat ‘Aleinu le-Shabeaḥ,’ ” Daat 43 (1999), p. 20, n. 72.
   The articles by Gerald Blidstein and J. David Bleich in Tikkun Olam: Social Responsibility in Jewish Thought and Law assume that the reading is לתקן (see pp. 26, 61 and 98). But the article in this volume by Marc Stern mentions the alternate reading of לתכן, citing R. Saadiah (see p. 165, n. 24).
    In 2005, Gilbert S. Rosenthal wrote a detailed article about the concept of tikkun olam throughout the ages and merely assumed that the reading in Aleinu is לתקן. See his “Tikkun ha-Olam: The Metamorphosis of a Concept,” Journal of Religion 85:2 (2005), pp. 214-40.
[4]  The Jerusalem Talmud, at Avodah Zarah 1:2, includes the following passage: א”ר יוסי בי רבי בון מאן סבר בראש השנה נברא העולם?  רב,  דתני בתקיעתא דבי רב זה היום תחילת מעשיך זכרון ליום ראשון וכו’.   A very similar passage is found at J. Talmud Rosh ha-Shanah 1:3 (where the reading is בתקיעתא דרב).
The sentence from the liturgy referred to (…זה היום) is from the introductory section to the ten verses of zikhronot. A reasonable inference from these Talmudic passages is that Rav composed (at least) the introductory sections to zikhronot, malkhuyyot and shofarot. Aleinu
is part of the introductory section to malkhuyyot. Since the sentence from the introduction to zikhronot quoted corresponds to the present
introduction to zikhronot, it is reasonable to assume that their introduction to malkhuyyot corresponded to the present introduction to malkhuyyot, i.e., that it included Aleinu. Admittedly, Rav could have made use of older material in the introductory sections he composed. The fact that Aleinu has been found (in a modified version) in heikhalot literature is some evidence for Aleinu’s existence in this early period, even though the prayer is not specifically mentioned in any Mishnaic or Talmudic source. (Regarding the dating of heikhalot literature, see below.) On the version of Aleinu in heikhalot literature, see Michael D. Swartz,  “ ‘Alay Le-Shabbeaḥ: A Liturgical Prayer in Ma‘aseh Merkabah,” Jewish Quarterly Review 77 (1986-1987), pp. 179-190. See also the article by Bar-Ilan cited above. For parallels in later sources to the two passages from the Jerusalem Talmud, see Swartz, p. 186, n. 20. See also Rosh ha-Shanah 27a.
      A statement that Aleinu was composed by Joshua appears in a collection of Geonic responsa known as Shaarei Teshuvah (responsum #44). But the statement was probably a later addition by the thirteenth century kabbalist Moses de Leon. See Elliot R. Wolfson, “Hai Gaon’s Letter and Commentary on ‘Aleynu: Further Evidence of Moses De León’s Pseudepigraphic Activity,” Jewish Quarterly Review 81 (1990-91),
pp. 379-380. Statements that Aleinu was composed by Joshua are found in various Ashkenazic Rishonim. This idea seems to have originated with R. Judah he-Hasid (d. 1217).  For the references, see Wolfson, pp. 380-381.
        There is much evidence that Aleinu could not have been composed by Joshua. For example: 1) Aleinu cites verses from the prophet Isaiah (this will be discussed below); 2) ha-kadosh barukh hu was not an appellation for God in Biblical times; and 3) terms are found in Aleinu that are characteristic of heikhalot literature. Also, for almost the entire Biblical period, the word olam is only a time-related word. It is not until Dan. 12:7 and perhaps Eccles. 3:11 that olam means “world” in the Bible. (Olam definitely means “world” at Ben Sira 3:18.) See Kirsten A. Fudeman and Mayer I. Gruber, “ ‘Eternal King/King of the World’ From the Bronze Age to Modern Times: A Study in Lexical Semantics,” Revue des études juives 166 (2007), pp. 209-242. See also Daat Mikra, comm. to Psalms 89:3 and Eccles. 3:11, and R. Abraham Ibn Ezra, comm. to Ex. 21:6 and Eccles. 3:11. (Based on the language of the book, it is
very clear that Ecclesiastes is a late Biblical book See EJ 2:349.)
         Regarding the roots תקן and תכן, the root תקן does not appear in Tanakh until the book of Ecclesiastes, and the root תכן probably did not mean “establish” in the period of the Tanakh (see below).
[5] As noted, Aleinu has been found (in a modified form) in heikhalot literature. There are five manuscripts that include the relevant passage. But four of these only include Aleinu in an abbreviated form and are not long enough to include the phrase עולם לתקן/לתכן. See Peter Schäfer, Synopse zur Hekhalot-Literatur, Tübingen: J.C.B. Mohr, 1981, sec. 551, pp. 206-207. The only manuscript that includes the phrase reads לתקן. But this manuscript, N8128, dates from around 1500. See Ra‘anan S. Boustan, “The Study of Heikhalot Literature: Between Mystical Experience and Textual Artifact,” Currents in Biblical Research 6.1 (2007), p. 137.
    Regarding the dating of heikhalot literature, Bar-Ilan (Mekorah, p. 22, n. 85) estimates this literature as dating from the third through fifth centuries. See also more recently his “Shalshelet ha-Kabbalah be-Sifrut ha-Heikhalot,Daat 56 (2005), pp. 5-37. Moshe Idel, in the second edition of the Encyclopaedia Judaica (11:592) summarizes the subject as follows: Even though it is quite possible that some of the texts were
not edited until this period [=the geonic era], there is no doubt that large sections originated in talmudic times, and that the central ideas, as well as many details, go back as far as the first and second centuries.
[6] Siddur Rav Saadiah Gaon, eds. Israel Davidson, Simḥah Assaf, and Yissakhar Joel, Jerusalem: Rubin Mass, 1941, p. 221. Admittedly, the manuscript which forms the basis for this edition was not composed by R. Saadiah himself. It is estimated to date to the twelfth or thirteenth century.
Neither R. Saadiah nor Rambam recited Aleinu in the daily service.
[7] See the Seder Tefillot Kol ha-Shanah section at the end of Sefer Ahavah. I have looked at the Or ve-Yeshuah edition, the Frankel
edition, the Mechon Mamre edition (www.mechon-mamre.org), and the editions published by R. Yitzḥak Sheilat and by R. Yosef Kafaḥ. All
print לתכן. (The Frankel edition does note that a small number of manuscripts read לתקן.)
    In the standard printed Mishneh Torah, in the al kein nekaveh section of the RH Amidah (Sefer Ahavah, p. 154), only the first ten words were included (up to עוזך),  followed by a וכו׳.
[8] Most of the texts from the Cairo Genizah date from the tenth through the thirteenth centuries. See Robert Brody, The Geonim of Babylonia and the Shaping of Medieval Jewish Culture, New Haven: Yale Univ. Press, 1998, p. 32. All of the texts from the Cairo Genizah that I refer to can be seen at genizah.org.
[9] See his “Genizah Fragments of the Palestinian Order of Service,” Hebrew Union College Annual 2 (1925), p. 329. The fragment
is known as Cambridge Add. 3160, no. 10. When Mann published the fragment, he erroneously printed לתקן.
[10] See their Fragments from the Cairo Genizah in the Freer Collection, New York: The MacMillan Company, 1927, plate XLIII (opposite p. 194). The fragment is labeled F42 at genizah.org.
[11] See his Hilkhot Ereẓ Yisrael min ha-Genizah, Jerusalem: Mossad Harav Kook, 1973, p. 148. The fragment is known as Cambridge T-S 8H23.1.
[12] See above, pp. 324-325. See also, more recently, Ezra Fleischer, Tefillah u-Minhegey Tefillah Ereẓ-Yisre’eliyyim bi-Tekufat ha-Genizah, Jerusalem: Magnes Press, 1988, p. 238. The fragment is known as Cambridge Add. 3160,  no. 5. Neither Mann nor Fleischer printed the full text of Aleinu in this fragment.
[13] See the following fragments: Cambridge Or. 1080 2.46; Cambridge T-S Misc. 10.27, 34.5, and 34.23; Cambridge T-S NS 150.235, 154.19, 155.23, 157.6, 157.37, 157.176, 158.69, 195.55, and 273.38; Cambridge T-S AS 101.64; and New York ENA 1878.8. I was able to find only one fragment that read לתקן: Cambridge T-S NS 122.33. (An interesting fragment is T-S NS 153.64, 8R. Here, only the top line of the letter remains and it is hard to determine if it is the top of a כ or the top of a ק.)
    I have been able to examine most of the Aleinu prayer text fragments from the Cairo Genizah. I would like to thank Prof. Uri Ehrlich of Ben Gurion University of the Negev for referring me to them. (Not all of these Aleinu prayer text fragments were long enough to include the relevant passage.)
[14] Since the second word of the Aleinu prayer is לשבח, it was probably seen as fitting to include this prayer in the Pesukei de-Zimra section. A main theme of both Barukh she-Amar and Yishtabaḥ, as well as of the entire Pesukei de-Zimra, is שבח. See also Ber. 32a: le-olam yesader adam shivḥo shel HKBH ve-aḥar kakh yitpallel.
     A Palestinian practice of reciting Aleinu in Pesukei de-Zimra may also explain a statement found in several Rishonim (e.g., Sefer ha-Maḥkim, Kol Bo, and Orḥot Ḥayyim) in the name of Pirkei de-Rabbi Eliezer (a work composed in eighth century Palestine): מעומד לאומרו צריך לכך לשבח בעלינו יש גדול שבח. The statement is obviously not giving an instruction regarding the RH Amidah recited by individuals. Nor does the language of the statement (לאומרו) fit as an instruction to individuals listening to the repetition of the RH Amidah. The recital of Aleinu in a context outside of the Amidah seems to be referred to. (The statement is not found in the surviving texts of Pirkei de-Rabbi Eliezer.)
[15] See Shelomoh Tal, Nusaḥ ha-Tefillah shel Yehudei Paras, Jerusalem: Makhon Ben Ẓvi, 1981, p. 154 (RH). The Persian-Jewish prayer ritual followed that of R. Saadiah in many respects. At the end of the eighteenth century the Persian Jews were influenced to adopt a Sefardic prayer ritual and their own ritual was forgotten.
[16] Ed. Aryeh Goldschmidt, Jerusalem: Makhon Oẓar ha-Poskim, 2004, pp. 131 (daily shaḥarit) and 717 (RH). The earliest surviving manuscript of Maḥzor Vitry dates to the first half of the 12th century.
[17] Ed. Moshe Hirschler, Jerusalem, 1972, p. 125 (daily shaḥarit), and p. 214 (RH). (This work was published by Hirschler together with another work, Siddur Rabbenu Shelomoh; both are integrated into the same volume.) Siddur Ḥasidei Ashkenaz was compiled by the students of R. Judah he-Hasid (d. 1217) and presumably reflects his text of Aleinu.  Hirschler’s edition of this siddur is based on several manuscripts.
[18] Ed. Samuel Yerushalmi, Jerusalem: Meorei Yisrael, 1979, sec. 2, pp. 91-92. R. Judah flourished in Spain and died in the early thirteenth century. Aside from the text of Aleinu in the manuscript published by Yerushalmi including the reading לתקן, it is also clear from the various explanatory comments by R. Judah that he was working with a text that read לתקן.
[19]Ed. Moshe Hirschler, Jerusalem: Makhon Harav Hirschler, 1992, p. 659. R. Eleazar died circa 1230. The text of Aleinu is found in his commentary to the Aleinu of RH. In his commentary on the daily shaḥarit, only the first two words of Aleinu and the last two (timlokh be-kavod) are recorded. In his Sefer ha-Rokeaḥ, his references to Aleinu in both the RH Amidah and the daily shaḥarit are similarly very brief.
[20] Ed. Ephraim E. Urbach, Jerusalem: Mekiẓei Nirdamim, 1963, vol. 3, pp. 469-470. Sefer Arugat ha-Bosem was composed in 1234, in Bohemia. Aside from the text of Aleinu published here including the word לתקן, it is clear from R. Abraham’s explanatory comment (p. 469, lines 8-9) that he was working with a text that read לתקן.
     Other early European texts of Aleinu include the three texts of Aleinu in manuscript Oxford, Corpus Christi College 133 (late twelfth century; daily, RH and one other) and the text of Aleinu in manuscript Cambridge Add. 667.1 (early thirteenth century, daily). The former has לתקן in the first two; the third Aleinu does not include the second paragraph. I have not been able to check the reading in Cambridge Add. 667.1.
[21] See Seder Rav Amram Gaon, ed. Daniel Goldschmidt, Jerusalem: Mossad Harav Kook, 1971, p. 142.
[22] Ibid., introduction, pp. 11-13. A few fragments of the Seder Rav Amram Gaon have been found in the Genizah, but these are very short and do not include our passage.
[23] This manuscript is generally considered to be largely composed of the comments of R. Eliezer b. Nathan.    See, e.g., Urbach, Sefer Arugat ha-Bosem, vol. 4, p. 24 and the facsimile edition of this manuscript published by Abraham Naftali Ẓvi Rot, Jerusalem: 1980, pp. 21-30. The manuscript itself is estimated to have been copied in the fourteenth century (Rot, p. 21).
[24] See Rot, p. 20a (comm. to RH Aleinu).
[25] See Alter Yehudah Hirschler, “Peirush Siddur ha-Tefillah ve-ha-Maḥzor Meyuḥas le-Rabbi Eliezer ben Natan mi-Magenza (ha-Ravan),” Genuzot vol. 3, Jerusalem:1991, pp. 1-128.  In this siddur commentary (pp. 78 and 114), בשמך  יקראו  וכלם  מלכותך ‘מתקני  העולם כל ויהיו is found in the commentary to daily Aleinu in shaḥarit, and בשמך  יקראו  וכלם מלכותך מתקנין העולם כל ויהיו is found in the commentary to RH Aleinu (One should not deduce from this manuscript that R. Eliezer b. Nathan recited Aleinu daily in shaḥarit.)
[26] See Siddur Rabbenu Shelomoh, p. 212 (commentary on RH Aleinu). Hirschler published this work as the siddur of Shelomoh b. R. Shimson of Worms (1030-1096), but it is probably that of R. Eliezer b. Nathan. See, e.g., Avraham Grossman, Ḥakhmei Ashkenaz ha-Rishonim, Jerusalem: Magnes Press, 2001, pp. 346-348.
[27] Gershom Scholem recognized long ago that Aleinu includes several terms that are not only post-Biblical, but are characteristic of heikhalot literature. See his Jewish Gnosticism, Merkabah Mysticism and Talmudic Tradition, New York: Jewish Theological Seminary, 1965 (2d. ed.), pp. 27-28. He points to the terms yoẓer bereshit, moshav yekaro, and shekhinat uzo. Meir Bar-Ilan (Mekorah, p. 8) also points to the term adon ha-kol. All of this suggests that Aleinu was composed by someone with some connection to heikhalot literature, or composed at a time after terms originating in heikhalot literature came to be in normative rabbinic use. This explains how Aleinu easily came to be borrowed into heikhalot literature. Due to the common terms, the authors of this literature probably saw Aleinu as a text “related to their own hymnology.” Scholem, p. 28.
     In heikhalot literature, Aleinu is found in the singular form לשבח עלי, as a prayer of gratitude purportedly recited by R. Akiva on return from a safe journey to heaven. See the article by Swartz referred to above. (R. Akiva and R. Ishmael serve as central pillars and chief mouthpieces in this pseudepigraphic literature. See EJ 11:591, 2d. ed.).
     Meir Bar-Ilan, Mekorah, pp. 12-24, argues that Aleinu originated in heikhalot literature in the singular, and was then changed to the plural and borrowed into the RH service. I disagree, as do many others. (Bar-Ilan does not claim that Aleinu originated as this prayer of gratitude purportedly recited by R. Akiva. This would be very unlikely. There are too many themes in Aleinu that are out of context and extraneous under the assumption that Aleinu originated as this prayer of gratitude.)
[28] The idiom is based on verses such as Psalms 78:60-61 (צר ויתן לשבי עזו ותפארתו ביד) and 96:6 (במקדשו ותפארת עז), and Isaiah 60:7 (אפאר תפארתי ובית) and 64:10 (ותפארתנו קדשנו בית). This interpretation is probably implicit in the commentary of R. Judah b. Yakar. On לראות מהרה בתפארת עוזך, he writes: פני לראות  ונזכה ,אתה  עוזמו  תפארת  כי  (שם על =) ע״ש  .אפאר תפארתך ובית דכתי׳  המקדש  בית  בתפארת  ולראות  שכינה  See the Peirush ha-Tefillot ve-ha-Berakhot of R. Judah b. Yakar, part II, p. 91. R. Judah’s statements are adopted by R. David Abudarham in his commentary to the Aleinu of RH. See also R. Shemtob Gaugine, Keter Shem Tov, Kėdainiai, 1934, p. 104. Unfortunately, this interpretation of the phrase תפארת עוזך has generally been overlooked. Numerous are scholars who have written that the prayer includes no request for the Temple’s rebuilding.
    Scholem (p. 28, n. 18) notes the following passage found in other heikhalot texts: .עזו בתפארת ומבורך הדרו במושב שמו ברוך The parallel to הדרו מושב strongly suggests that עזו תפארת represents the physical Temple in this passage. For heikhalot texts with this passage, see Mordecai Margaliot, Sefer ha-Razim, Jerusalem, 1966, pp. 107-09, and Martin Samuel Cohen, The Shi‘ur Qomah: Texts and Recensions, Tübingen: J.C.B. Mohr, 1985, pp. 173 and 175.
[29] The use of the root תכן to mean “establish” does require some explanation. In Tanakh, the root תכן means to “weigh,”
“examine,” “measure,” or “place in order.” (At Psalms 75:4, עמודיה תכנתי, the root is commonly translated as “establish,” but even here it probably means something like “properly apportion” or “place in order.” See, e.g., the commentary of S. R. Hirsch.) תכן with the meaning “establish” is not found in the Mishnah or Tosefta.  But תכן may mean “establish” in the Dead Sea text 4Q511: שנה למועדי תכן (DJD VII, p. 221), and perhaps in other Dead Sea texts as well.
     In paytanic literature, an early use of the root תכן to mean “establish” is found in the piyyut Emet Emunatkha (תכנת עולמך ימים בששת כי). This piyyut is preserved in the Siddur R. Saadiah Gaon (p. 110) and in several Genizah fragments. It has a tetrastichic structure (as does Aleinu), and is generally viewed as a pre-classical piyyut, i.e., a piyyut from the late Tannaitic/early Amoraic period. See, e.g., Ezra Fleischer, Ha-Yotzrot be-Hithavutam ve-Hitpaḥutam, Jerusalem: Magnes, 1984, p. 55, n. 47. The Academy of the Hebrew Language, in its Historical Dictionary Project database (Ma’agarim), estimates the date of composition of this piyyut as the late second century C.E.
      In the Musaf Amidah for shabbat, תקנת, not תכנת, may be the original reading. See, e.g., Siddur R. Saadiah Gaon, p. 112 and the Genizah fragment quoted by Fleischer, Tefillah u-Minhegey Tefillah, p. 52. (For more sources on this spelling issue, see Maḥzor Vitry, ed. Goldschmidt,  p. 199, n. 1.)
      Probably, the use of the root תכן to mean “establish” arose based on the usage of the root at Psalms 75:4, or perhaps from the words תכן and תכון (both from the root כון) found numerous times in the Tanakh (Jer. 30:20; Ps. 89:22, 93:1, 96:10, and 141:2; Prv. 12:19 and 20:18; I Kings 2:12; I Ch. 16:30; and II Ch. 8:16, 29:35, 35:10 and 35:16).
[30] Aside from the fact that the theme of the section fits as an introduction to verses of malkhuyyot, the section ends with four words from the root מלך: ותמלוך עליהם מהרה לעולם ועד עול מלכותך את ויקבלו כולם .בכבוד תמלוך עד ולעולמי היא שלך  כי המלכות
     I have little doubt that the first section of Aleinu (which includes the words melekh malkhei ha-melakhim and malkeinu) was also composed at the same time. This is contrary to the view of many scholars who point to the two separate themes in the two sections as evidence of different authors. Aleinu is a short prayer, and in the earliest texts of Aleinu there is no division into sections. Therefore, our
presumption should be one of unitary authorship. Close analysis of the verses cited shows that both sections quote or paraphrase from the same chapter of Isaiah (45:20: u-mitpallelim el el lo yoshia and 45:23: ki li tikhra kol berekh tishava kol lashon; there are quotes and paraphrases of other verses from chapter 45, and from 44:24 and 46:9 as well.) This strongly suggests that both sections were composed at the same time. (I have not seen anyone else make this point.) Terms characteristic of heikhalot literature are found in both sections as well.
        While it cannot be proven that Rav (early third century) was the author of Aleinu, it has been observed that “in some of Rav’s homilies a tendency to a certain mystical thinking is discernible.” See EJ 13:1578 and the citations there, as well as the following statement of Rav at Ber. 55a: .יודע היה בצלאל לצרף אותיות שנבראו בהן שמים וארץ  Also, several Talmudic passages record Rav’s authorship or contribution to the texts of other prayers. Most of these passages are collected at Ismar Elbogen, Jewish Liturgy: A Comprehensive History, tr. Raymond P. Scheindlin, New York: Jewish Publication Society and Jewish Theological Seminary, 1993, pp. 207-208. Most relevant is Ber.12b where the הקדוש המלך and המשפט המלך changes for the Ten Days of Repentance are recorded in the name of Rav.
       Most recently, Ruth Langer is another who believes that the evidence points to authorship of both paragraphs of Aleinu around the period of Rav. She writes: In literary style, it is consistent with the earliest forms of rabbinic-era liturgical poetry from the land of Israel… See Langer, “The Censorship of Aleinu in Ashkenaz and Its Aftermath,” in Debra Reed Blank, ed., The Experience of Jewish Liturgy: Studies Dedicated to Menahem Schmelzer, Leiden and Boston: Brill, 2011, pp. 148-149. As Langer points out, although Rav gained prominence in Babylonia, he had also been a student of R. Judah ha-Nasi in Israel.
[31] העולם תקון was the correct classical term, even though it has now been replaced in popular parlance by עולם תקון. Rosenthal, p. 214, n. 1.
[32] Rosenthal, p. 214, n. 1. It is also found eight times in the Jerusalem Talmud and four times in the Tosefta. Most of the time, the term is used in the context of the laws of divorce, but it is found in other contexts as well (e.g., Hillel’s enactment of prozbol at M. Gittin 4:3). Rosenthal suggests that the concept originated in the context of the laws of divorce, and was later expanded into the other contexts. See Rosenthal, pp. 217-219.
[33] Admittedly, the root תקן can often be translated as “established.” But in many of these cases the context is that of establishing a legal ordinance or procedure, and a better translation would be “instituted.” On the other hand, the musaf Amidah for festivals includes the phrase בתקונו ושמחנו (the subject being the beit ha-mikdash) and this seems to be an example of the root תקן meaning “establish” in a non-legal context. Another such example is the phrase…ממנו לו והתקין found in one of the sheva berakhot (Ketubbot 8a).
     Nevertheless, I strongly believe that לתכן was the original reading in Aleinu. It is easily understandable how an original reading of עולם לתכן might have evolved into עולם לתקן; the reverse scenario is much less likely. Moreover, R. Saadiah’s text in the musaf Amidah for shabbat read שבת תקנת. Yet he recorded לתכן in Aleinu.
[34] As mentioned earlier, in the reading עולם לתקן, there are two ways to translate במלכות: “under the sovereignty” or “through the sovereignty.” If the translation is “under,” establishing a world under the sovereignty of God is a simpler reading than perfecting a world under the sovereignty of God. If one wants to advocate for the translation “through,” it requires investigation whether the prefix ב could have been used to mean “through” in the Tannaitic and Amoraic periods.
[35] See, e.g., Shatz, Waxman, and Diament, eds., Tikkun Olam: Social Responsibility in Jewish Thought and Law, and Jacob J. Schacter, “Tikkun Olam: Defining the Jewish Obligation,” in Rav Chesed: Essays in Honor of Rabbi Dr. Haskel Lookstein, ed. Rafael Medoff, Jersey City: Ktav, 2009, vol. 2, pp. 183-204. For some citations to Biblical verses on justice, see Rosenthal, p. 215, n. 2.
[36] R. Chaim Brovender suggested to me that after Aleinu shifted to becoming primarily a daily prayer,   reciting a statement about perfecting/improving the world would have been seen as appropriate. By the twelfth century, Aleinu was being recited as a daily prayer in shaḥarit in parts of France (see above, n. 16) and probably in parts of Germany and England as well. (For Germany, see above, n. 17, and for England, see Ms. Oxford, Corpus Christi College 133.)
    The recital of Aleinu in the evening prayer in Europe is a slightly later development. For some early references to this practice, see Sefer ha-Minhagot of R. Moshe b. R. Shmuel of Marseilles (early thirteenth cent.), published in Kobeẓ Al Yad 14 (1998), pp. 81-176, at p. 103, and Kol Bo, sec. 11, citing R. Meir of Rothenberg (thirteenth cent.). The recital of Aleinu in the afternoon prayer is a later development.
    Regarding the recital of Aleinu as a daily prayer in Palestine, see above, n. 14.



Birds’ Heads, Romaine Lettuce, and the Art of Reading a Haggadah

Birds’ Heads, Romaine Lettuce, and the Art of Reading a Haggadah

A persistent question arises with every illustrated Haggadah, whether a fourteenth-century Sephardic manuscript or a mid-twentieth-century Maxwell House edition: what function do these images serve? Are they merely decorative, do they provide commentary, or do they serve as documentary evidence of ritual practice? Furthermore, when these images draw from the visual culture of the surrounding non-Jewish world, as is often the case, does such borrowing diminish their Jewish character, or does it indicate a more complex dynamic?

These questions are more thorny than they initially appear, and scholarly responses have evolved significantly in recent decades. This post synthesizes several strands: our previous discussions of specific manuscripts, insights from Marc Michael Epstein’s influential scholarship on medieval Haggadah manuscripts, and a notable controversy documented by Leor Jacobi. Our aim is to provide a more nuanced and comprehensive guide to interpreting these images.

The Two Mistakes

Anyone who works closely with illuminated Haggadot will recognize two recurring interpretive errors, both of which diminish rather than illuminate.

The first is the “derivative” thesis: the assumption that when an image in a Jewish manuscript resembles one in a Christian context, it is merely borrowed and thus lacks distinctive Jewish meaning. This perspective has informed much scholarship. Medieval Jewish and Christian artists often employed similar pictorial conventions; when similarities are observed, scholars have typically identified the Christian source, labeled the Jewish version as dependent, and concluded their analysis. This approach, however, overlooks the transformation that occurs when such imagery is adapted within a Jewish context and the specific messages it conveys to a Jewish audience.

The second error is more nuanced and may be termed the Wissenschaft snapshot: interpreting manuscript images as direct documentary evidence of ritual practice. For example, treating a depiction of marror as a definitive record of the vegetable used at the Seder, or viewing an illustration of bedikat chametz as a literal representation of the search process. This approach originates in nineteenth-century Jewish scholarship, which sought to extract concrete evidence about historical Jewish life from all available sources.

In 2012, in the comments section of this very blog, Marc Michael Epstein intervened in just such a discussion with a statement worth quoting in full:

Rabbosai (and Marasai): A manuscript is NOT a mirror. Jews depict themselves in their art (or commission art that depicts them) not as they were, but as they desired to be seen. Please please please do not engage in the typical Wissenschaft strategy of looking at illuminated manuscripts for “clues to Jewish life in the Middle Ages” or even to Jewish history. What we can learn from them is histoire des Mentalites, but even that takes a lot of work to get to.

This intervention arose from a debate about whether Sephardic medieval Haggadot depict marror as an artichoke, a topic addressed further below. The methodological insight, however, is broadly applicable: these images provide access to the histoire des mentalités—the internal landscape of aspiration, theological imagination, and communal self-representation. This perspective offers a richer understanding than the Wissenschaft snapshot, though it requires careful interpretation. Importantly, analyzing how a community chose to represent itself constitutes significant historical evidence, even if it does not directly reveal specific ritual practices.

The Birds’ Head Haggadah

The oldest extant illustrated Haggadah text, dated to the early 1300s (and now in the Israel (now in the Israel Museum, although the exact provenance remains murky like so many Jewish items), takes its name from its most immediately striking feature: nearly all the human figures bear birds’ heads rather than human faces. Non-Jewish figures — Egyptians, angels — are instead shown with blank circular discs where faces should be. The zoophilic imagery has attracted a remarkable range of explanations: halakhic anxiety about depicting human faces too completely; a visual encoding of relative spiritual status; and, at the least plausible extreme, the claim that the birds’ beaks are an anti-Semitic caricature of the Jewish nose inserted by a hostile illustrator.

Birds Head Haggadah, Exodus Scene

Epstein critically examines these theories, ultimately adopting a more nuanced position that acknowledges the halakhic dimension without attributing the imagery to a single cause. As discussed in our earlier review, the most illuminating aspect of his analysis is his attention to an anomaly previously dismissed as carelessness. In the Exodus scene depicting the Israelites fleeing and Pharaoh’s army in pursuit, most figures conform to expectations: Israelites with birds’ heads and Egyptians with blank discs. However, two figures in the pursuing army also have birds’ heads. Epstein, prompted by his ten-year-old son’s observation, suggests these figures represent Datan and Aviram, members of the erev rav who chose to remain with the Egyptians. The presence of birds’ heads is intentional, signifying that even the sin of siding with oppressors does not erase Jewish identity. This artistic choice introduces themes of the wicked son, belonging, apostasy, and the potential for return, all of which are particularly resonant in the context of the Seder.

This approach exemplifies Epstein’s methodology: treating anomalies not as errors to be dismissed, but as interpretive keys to deeper meaning.

The Golden Haggadah

The Golden Haggadah, a Sephardic manuscript from around 1320 distinguished by its extensive use of gold borders and embellishments, illustrates a key structural distinction within the manuscript Haggadah tradition. In Ashkenazic manuscripts, illustrations are integrated throughout the text, appearing in margins and between passages, and typically serve to comment on or extend the Haggadah narrative, such as scenes of Pesach preparations, the search for chametz, or the baking of matzah. In contrast, Sephardic manuscripts concentrate pictorial content before the text in a visual preamble: a series of full-page panels, arranged two or four per page, that trace Jewish history from the patriarchal era or creation through the Exodus, preceding the Haggadah text itself. These images function as a visual overture rather than direct illustrations of the liturgy.

While the Golden Haggadah adheres to Sephardic conventions, Epstein demonstrates that its imagery is more sophisticated than a straightforward chronological sequence. The illustrator establishes a network of visual connections across panels separated by generations, particularly through the motif of water. Water is depicted in scenes such as Jacob before Pharaoh, the drowning of Israelite boys in the Nile, the rescue of infant Moses, and Moses drawing water for Jethro’s daughters. In each instance, the depiction of water, its color, movement, and spatial relationship to the figures, is distinctive and cross-referential, encouraging viewers to interpret these scenes collectively rather than in isolation. The resulting theological argument centers on themes of divine providence, measure-for-measure justice, gratitude, and salvation as continuous threads throughout history. This constitutes visual midrash: interpretive commentary conveyed through imagery, fulfilling the Seder’s purpose of provoking reflection.

 

The Rylands Haggadah, Its Brother, and the Marror That Wasn’t an Artichoke

The third and fourth manuscripts analyzed by Epstein—the Rylands Haggadah (currently housed at the John Rylands Library in Manchester) and the manuscript referred to as the Brother to the Rylands—are Sephardic codices discussed together in his work. The term “Brother” was introduced by Bezalel Narkiss due to the notable visual similarities between the two manuscripts; Katrin Kogman-Appel has since argued that the so-called Brother likely predates the Rylands and served as its model. For the purposes of this discussion, both manuscripts represent a shared visual tradition, and the direction of influence is less significant than the insights they collectively provide.

Rylands Brother Haggadah

These manuscripts prompted a particularly instructive methodological episode in recent Haggadah scholarship, which unfolded in real time in the comments section of this blog in 2012 and was subsequently documented by Leor Jacobi. The central question was whether depictions of marror in the Rylands, the Brother, and the Sarajevo Haggadah represent an artichoke. David Golinkin had cited these illustrations as evidence that artichokes were used as marror in medieval Catalonia. Upon encountering this question on Erev Pesach 5772, wrote immediately to Epstein, who replied within the hour:

I don’t believe the Sephardic mss show an artichoke, rather they depict an entire head of romaine lettuce. The way to prove or disprove this would be to compare contemporary or roughly contemporary botanical mss.

When the same identification appeared in a post on this blog, Epstein returned with the fuller statement quoted above — “a manuscript is NOT a mirror” — and added the crucial clarification about representational logic:

Also, because a head of Romaine is SHOWN in the haggadah it doesn’t mean that there was a head of (possible unchecked-for-bugs) Romaine on the table. Every image is not a snapshot, but a representation — a combination of the real, the general, the ideal and the symbolic. Showing the head is a way of REPRESENTING Romaine — it says, “We use a type of lettuce that grows with leaves together in a head like this.” It does NOT necessarily mean “We use complete heads of Romaine at the Seder, like this.”

This logic warrants careful consideration. A manuscript illuminator aiming to depict marror must clearly indicate the species. Depicting the entire head of romaine lettuce—leaves clustered in a recognizable form—serves as an effective visual shorthand for this type of lettuce. Illustrating individual romaine leaves would make them nearly indistinguishable from other leafy vegetables. Thus, the whole head functions as the visual vocabulary for the species, rather than as a literal representation of the serving. The same reasoning applies to artichoke identification: if an artist intended to depict an artichoke, the distinctive globed, thistle-shaped head would be unmistakable. The Sarajevo Haggadah’s depiction of veined leaves bound at the base with a cord, as Epstein observes, aligns with characteristics of lettuce rather than artichoke.

Jacobi’s account adds another layer of insight: Epstein posits that artists of later manuscripts (the Rylands and Brother, likely produced after the Golden Haggadah) may have copied a lettuce image from an earlier model and, interpreting the veined and slightly “spiky” leaves, mistakenly identified it as an artichoke. Patrons did not correct this, as they recognized that artichokes were not used as marror and thus interpreted the image as romaine, regardless of the artist’s intent. These images illustrate the challenges of visual transmission when botanical knowledge is limited, but they do not provide evidence of actual Seder practice beyond confirming that romaine was regarded as the standard marror species in Sephardic communities, a fact already established by textual sources.

Rylands Haggadah

The Barcelona Haggadah introduces additional complexity: its marror illustration appears to have been added by a post-medieval artist who, relying on earlier Haggadah images as models, no longer understood the original intent, resulting in a stylized hybrid that is neither distinctly artichoke nor lettuce. As Evelyn Cohen observes, some manuscripts left the marror space blank, indicating that the image was occasionally tailored to the patron’s local practice. This underscores the non-monolithic nature of the visual tradition and the influence of artist-patron relationships on the final product.

 

In summary, there is no textual or visual evidence that artichokes were ever used as marror. Romaine lettuce, which becomes increasingly bitter as it is chewed—beginning with a mild taste and culminating in pronounced bitterness at the spine, thus symbolizing the intensification of Egyptian servitude—is far better supported as the intended species and is almost certainly what these images depict.

The Printed Haggadah: The Same Logic

The interpretive methodology applied to medieval manuscripts is equally relevant to the printed tradition.The four foundational printed Haggadot—Prague 1526, Mantua 1560, Venice 1609, and Amsterdam 1695—established a visual vocabulary that influenced nearly every subsequent illustrated Haggadah for centuries thereafter. As we have discussed at length in earlier posts (see here, here, and here), these Haggadot draw from both manuscript precedents and the broader visual culture of their respective eras, exhibiting the same patterns of intentional borrowing and creative transformation observed in medieval manuscripts.

The Mantua 1560 Haggadah, the first illustrated Italian Haggadah, exemplifies this dynamic. Its depiction of the Wise Son is modeled unmistakably on Michelangelo’s prophet Jeremiah from the Sistine Chapel ceiling. However, while Michelangelo’s Jeremiah is bareheaded, the Haggadah’s Wise Son wears the Pileus Cornutus, the conical hat mandated for Jews by Christian law (and likely the beginning of the custom of universal Jewish headcovering). Thus, a figure from the Vatican’s most prominent sacred space is appropriated, marked with a symbol of Jewish social subordination, and reimagined as an embodiment of Jewish wisdom at the Seder table. This reflects both dependence and subversion.

Mantua, 1526, The Wise Son

A similar complexity is evident in the title page’s distinctive helical “barley-sugar” pillars. While these are sometimes attributed to their prominent use at St. Peter’s Basilica, suggesting Christian architectural borrowing, the more probable source is local: the Cortile della Cavallerizza at the Palazzo Ducale in Mantua, designed by Giulio Romano and completed around 1540. The printer Ruffinelli appears to have incorporated these pillars throughout his Mantuan publications as a regional identifier, functioning not as a Christian symbol but as a marker of local identity, akin to a colophon. What may appear as Christian iconography is, in fact, civic geography repurposed as a printer’s device.

Prague Haggadah, Kiddush

The warning against treating images as direct records of practice is relevant here as well. R. Shlomo Hakohen Kook criticized the Prague 1526 Haggadah for depicting the wine cup held in the left hand and grasped by the stem rather than cupped at the base, but both critiques conflate artistic representation with ritual documentation. The left-handed depiction results from the woodcut printing process, which produces a mirror image of the original block; copyists working from printed exemplars, rather than the original block, further reversed the image, consistently yielding left-handed figures. This reflects printing history, not halakhic instruction. The issue of cupping the cup is another anachronism: this practice became widespread only after the publication of the Shelah, which appeared more than a century after the Prague Haggadah. Thus, the woodcut cannot be faulted for omitting a custom that did not yet exist.

What We Can and Cannot Learn

The illuminated Haggadah is a remarkable historical source, but its value depends on the questions posed to it. These manuscripts and early printed books are not objective records of ritual practice; rather, they reflect the choices of communities, shaped by artistic conventions, available models, patron preferences, and the expressive possibilities of the visual vocabulary of their era. When interpreted thoughtfully, they reveal the inner imaginative life of the communities that produced them: their understanding of the Exodus, their self-conception, the theological claims embedded in their liturgical texts, and their engagement with and adaptation of surrounding visual cultures.

This constitutes an exceptionally rich body of evidence, surpassing any attempt to treat the images as mere snapshots of Seder table contents. However, extracting meaningful insights requires art-historical expertise, contextual historical knowledge, and a readiness to embrace interpretive ambiguity—qualities that distinguish the approach exemplified by Epstein from earlier traditions.

Readers who have not yet encountered The Medieval Haggadah: Art, Narrative & Religious Imagination (Yale University Press, 2011) — reviewed here when it appeared here — would do well to remedy that before this Pesach. And to spend a few more minutes at the Seder with the pictures. Additionally, Epstein’s recently released book, People of the Image: Jews and Art,  similarly tackles these topics, including discussions of Haggadah illustrations and, like his The Medieval Haggadah, is among the best in the genre. A review of the book is forthcoming.

Related posts: our 2012 review of Marc Michael Epstein’s The Medieval Haggadah: Art, Narrative & Religious Imagination (here); Leor Jacobi on the artichoke controversy and how to read manuscript marror illustrations (here) and earlier discussions about the vegetable here and here; halakhic implications of Haggadah illustrations (here); and our discussions of the Prague 1526 Haggadah (here here, and here), and for our examination of printed illustrations see “The Mother Haggados: Models for Modern Analysis of Printed Jewish Illustrations.”

 




The 1908 Student Strike at Rabbi Isaac Elchanan Theological Seminary: A Newly Discovered Document

The 1908 Student Strike at Rabbi Isaac Elchanan Theological
Seminary: A Newly Discovered Document
By Eli Genauer

I would like to thank Dr Zev Eleff for his invaluable assistance in helping me frame this article. I would also like to thank Sharon Horowitz of the Library of Congress for providing research assistance.

The Rabbi Isaac Elchanan Theological Seminary (RIETS), present day Yeshiva University, was officially founded on March 20, 1897. RIETS was the first unequivocally Orthodox Jewish seminary on American soil.  Initially, its mission was entirely religious, limited “to promote the study of the Talmud and to assist in educating and preparing students of the Hebrew faith for the Hebrew Orthodox Ministry.”[1] RIETS’ first years were difficult ones.  It did not move into a building of its own until 1904.[2] Additionally, RIETS faced difficulty meeting its financial obligations.  including a student stipend. As a result, in 1906, RIET’s was beset by a major student strike. Among the student’s demands was that RIETS expand its mission beyond religious education and they demanded that they be instructed in secular subjects, including learning English.[3] While that strike was settled, another student strike and a lockout occurred over similar issues in May 1908. The strike was ended when changes were promised by the board of directors.  Yet, that settlement proved fleeting.
By August 1908, the students were striking again. The students’ strike received notice from the national press, when on August 19th,
the New York Times reported:[4]
the Talmuds are lying idle on the shelves of the Rabbi Isaac
Elchanan Theological Seminary at 156 Henry Street, and the drone of the voices
of the students as they walked back and forth reading aloud from the Hebrew
text is heard no more. For the last few weeks the students have not received
the $3.50 a week which they are paid while they are learning to become Rabbis.
Consequently, they have gone out on strike. Boruch Shapiro, Louis Mahler and
Samuel Broida, the leaders of the demonstration, stationed themselves at the
door of the school yesterday and effectively blockaded the entrance of all the
smaller boys. Nathan Lamport of the Lamport Manufacturing Supply Company, at
278 Canal Street, president of the school, and David Abramowitz of 47 Forsyth
Street, the Secretary, do not know what to do.[5]
On August 20th, citing financial reasons, the board locked out the students and
closed the school.[6] As a result of the closure of the school by the board of directors, some of the students and some Rabbinic leaders tried to form a new school called Yeshiva le-’Rabbanim which was designed to address some of the deficiencies of RIETS.[7]
Although the closure of the RIETS has been documented, the August 1908 student strike that led to the closure is not reflected in any published histories discussing the unilateral closing of the school and lockout of the students by the board ofdirectors on August 20th.[8]
One of the difficulties in piecing together exactly what happened during that August 1908 strike, lockout and its immediate aftermath is the dearth of contemporary records. This lacuna is in part attributable to a general lack of documntation of REITS’ early years.  And, “there are no records extant of the Seminary from its inception in 1897 to its merger with Yeshivat Etz Chaim in 1915. Only the Certificate of Incorporation, scattered newspaper accounts, one or two contemporary citations, and passing references in the memoir literature of the time remain as silent witnesses to the great vision and determination of a few men who…created the first Orthodox rabbinical seminary in America.”[9] As an example, in reporting on the August 1908 closure of the school by the board of directors and its aftermath, one scholar quotes mainly from newspaper accounts of the day.[10] There was an important memoir of that period written by Hayim Reuben Rabinowitz, who was an 18 year old student at the time, but Rabinowitz published his account 60 years later.[11]
Recently, however, a contemporaneous account of the events of 1908 has come to light.  This account was discovered as a result of construction at Congregation Bikur Cholim Machzikay Hadath in Seattle, Washington, when workers came upon a box of papers labeled, “Rabbi B. Shapiro Papers, 1920s-1960’s.” Rabbi Boruch Shapiro (1883-1970) was born in Szmorgon, Lithuania and was recognized as a Talmudic genius (Iluy) at an early age.[12] He was a student of, and received ordination from, Rabbi Meir Simcha of Dvinsk, (Or Sameakh), one of the outstanding rabbinic leaders of his time.[13] While in Dvinsk, R. Shapiro also received ordination from Rabbi Joseph Rozin, known as the “Rogatchover Gaon”.[14]  R. Shapiro immigrated to America in the early 1900’s and visited Seattle in 1913 on a fundraising trip. His visit became permanent when he ended up marrying a local woman, Hinda Gershonowitz and remained in Seattle until his passing in 1970. Rabbi Shapiro is perhaps best remembered as the Rav of Congregation Machzikay Hadath in Seattle, a position he held for forty years.
Before arriving in Seattle and shortly after arriving in America, Rabbi Shapiro studied at RIETS. Because he already possessed rabbinic ordination, he was considered in a special class of students, receiving a higher weekly stipend than most others who studied there. [15] He was sent by the school to give lectures at a synagogue in Brooklyn during the Sukkot holiday of 1905 as an example of the quality of students that were studying in the yeshiva.[16]
The box of papers discovered contains Rabbi Shapiro’s account of the events surrounding the student strike in August 1908, and the subsequent founding of the Yeshiva Le’Rabbanim. The account was written on October 7th, 1908 and covers the period from August 20 until that time. Because Rabbi Shapiro was one of the three student leaders of the strike, his account is particularly relevant to filling in the picture of the details of the August 1908 RIETS student strike.[17] Rabbi Shapiro’s writings, it should be noted, reflect that he and his fellow students had been involved in a struggle with, in his view, a dysfunctional and stubborn board of directors for over two years.[18]
Rabbi Shapiro records that:
On Thursday night, 24 Av 5668(20 August 1908), the Rabbi Isaac
Elchanan Yeshiva was closed in a very unseemly fashion. Mr. [Jonathan] Shepp,
the treasurer of the Yeshiva called the police several times to evict the
yeshiva students from the building in which they learned.[19]
But despite all his efforts, the police declined to do harm to the students.
They remained there despite his displeasure until midnight and at that time
they left for their residences.”[20]
After the students of the Yeshiva had concluded that there was no
hope to improve both the physical and spiritual conditions of the Yeshiva due
to the obduracy of the leaders whose concern was only for themselves, the
students decided to separate from the above named Yeshiva and move to “Adas Bnei
Yisroel” at 213 East Broadway, which welcomed them with open arms.[21] On
28Av (25 August-1908), the students of the Yeshiva moved their place of Torah
study to the above mentioned address in the company of well-known rabbis, such
as Rabbi [Shalom Elchanan] Jaffee[22],
Rabbi [Chaim Sholom] Shoher[23],Rabbi
[Aaron] Gordon [24],
and others, who had gathered there to guide them. After much discussion, it was
decided that the yeshiva students would study temporarily in Adas Bnei Yisroel,
and that they would acquire a charter. So that the leaders of Yeshiva Rabbeinu
Yitzchak Elchanan would not collect money in their name, they decided that this
yeshiva would be called “Yeshiva L’Rabanim”. Similarly, they decided to send
out boxes to collect members and to try to establish this yeshiva on a proper
foundation.
From 28 Av 5668 until 12 Tishrei 5669, three meetings of well-known
rabbis and prominent lay leaders were held. At the second meeting, an interim
leadership team for Yeshiva L’Rabanim was chosen: Rabbi Jaffe, chairman; Rabbi
Shoher vice chairman and treasurer; Rabbi [Joseph Judah Leib] Sossnitz,
administrator;[25]
Rabbi Dr. Rabinowitz from Brooklyn, administrator; Rabbi [Judah Leib] Lazeroff,
administrator,[26]
and others. The job of developing a “program” both in religious and secular
studies for this yeshiva was also assigned to the above leaders.
Even before the closure of the Yeshiva Rabbi Isaac Elchanan, the
physical situation of the students was very bad because for seven weeks prior
to the closure, all they received was a half a kilogram of bread per week.
However, the situation since they left the Yeshiva until now was much worse,
and the poverty and embarrassment they suffered is difficult to describe. Many
of them could have found other means of support, but because of their love of
Torah, they accepted their lot and did not abandon Torah study with which they
had been engaged their entire lives.
Many Rabbis, in writing, speech and action, promised to help. From
all the promises very little materialized, aside from Rabbi Lazaroff, who had
spoken up a few times in his synagogue on behalf of the Yeshiva. He assembled a
worthy number of members from whom he collected funds. The prominent Mr.
[Abraham J.] Goldstein and his brother-in-law, Mr. [P.] Feinberg from Jersey
City came to the assistance of the Yeshiva in the beginning. [27]With
the help of other prominent members of their congregation who worked alongside
their honored Rabbi [Shlomo David] Posner, that synagogue supported the yeshiva
a bit.[28]
To describe in detail all the problems faced by this new endeavor
and the stumbling blocks that were placed in front of this new Yeshiva from the
beginning until now would amount to an entire book. The task was difficult and
the conflict with the administration of the Yeshiva Rabbi Isaac Elchanan
weighed heavily on us. Many did not want to support the students of the Yeshiva
since they saw that the “Morgen Journal” had “sold out” to those above
mentioned administrators to do their bidding. They also felt that the “Tageblatt”
was leaning in the direction of those administrators, and not on the side of
the Yeshiva L’Rabanim. Many rabbis knew and admitted that the yeshiva students
were right, but kept silent due to fear. So much so, even those who had joined
the new Yeshiva were not really able to help it.
The primary laborers on behalf of the new Yeshiva were the students
themselves and especially a student council that was chosen from among them to
lead the struggle. The five members of this council were Mr. A.[vraham]
Shapira, Mr.[Ben Zion] Perl, Mr. [Chaim Yechezkel] Mosesohn, Mr. [H.S.] Linfeld
and Mr. B.[aruch] Shapira who was the leader.[29]
The politics were so intense that oftentimes those in the Yeshiva did not
confide in their fellow students for fear that they were supporting the other
side. The council worked diligently with the three main activists, Rabbi B.
Shapira, Rabbi A. Shapira, and Rabbi Perl who were most instrumental.  They abandoned all their other pursuits such
as attending “Preparatory School,” working day and night to battle with the
administration of Yeshiva Rabbeinu Isaac Elchanan.  Nothing was too difficult for them or beneath
their dignity. Their physical situation was worse than the conditions of other
students, as they had no other means of sustenance and they also received a
more meager stipend compared to what they had been entitled to. They suffered
immensely during this time. They knew that they were making great sacrifices
and losing precious time. Nevertheless, they did not consider their own
personal situations so that they could help establish this new Yeshiva on a
proper foundation. There were times that matters grew so bad that many of the
yeshiva students echoed the complaints of the Jews in the desert: they wanted
to return to their previous Yeshiva, but thanks to many of the yeshiva students
and the student council, especially Rabbi B. Shapira, these complaints were set
aside and it allowed the Yeshiva to attain the status it claims today. The
result of what has been done so far is small compared to what needs to be
completed. Nevertheless, laying the foundation, which was the most difficult to
accomplish, has been done. More effort is required to establish this Yeshiva on
a firm foundation and to transform it into an excellent school that will train
great rabbis in Torah, wisdom, fear of Heaven; who will work within the spirit
of ancient Israel and the spirit of this new generation; and who will unite
both old and young, thereby bring blessing to our people, our Torah and our
holy faith.”
In the end, Yeshiva Le-Rabbanim did not exist for very long because it never had substantial financial backing and support from the general community.[30] The attempt to form an alternative yeshiva apparently did not deter some of the student dissidents to return to RIETS. In 1917, in a RIETS publication, Rabbi Baruch Shapiro and his brother Rabbi Abraham Shapiro along with Rabbi Ben Zion Perl are listed among those ordained by RIETS now serving as rabbis in America.[31] Even more curious, the strike leader Rabbi Baruch Shapiro went on a fundraising tour in 1917 to raise money for the Rabbinical College of America, one of whose components was RIETS.[32]
The strike’s impact, however, on one of the most important future leaders of RIETS and Yeshiva University was profound.  Chaim Rabinowitz wrote “The strikes stimulated the mind of a young Rabbi who had recently arrived in America. This young Rav was Rabbi Dov Revel.” Rabinowitz cites a letter that Dr. Revel wrote to Rabbi Zvi Masliansky in the spring of 1908, where he grieves about the turmoil in RIETS that Rabbi Masliansky had told him about and hopes for better days for the Yeshiva. Rabinowitz concludes “the dream of Rabbi Revel came to fruition in 1915 when he became the Rosh Hayeshiva…and instituted great changes in the order of studies.”[33]
Here is a sample page of the document:

 

 

[1]
“Rabbi Isaac Elchanan Theological Seminary Association Certificate of
Incorporation,” March 20, 1897, (quoted in Gilbert Klaperman, “Yeshiva
University:  Seventy-Five Years in
Retrospect,” American Jewish Historical Quarterly 54,1 (September,
1964), 6). William Helmreich, however, states that teaching “the language of
the land” and Talmud was articulated in the RIETS charter, and, as such, “the
first such mention of combining secular and religious studies in one
institution.”  William B. Helmreich, “Old
Wine in New Bottles:  Advanced Yeshivot
in the United States,” American Jewish History, 69, 2 (December 1979),
235.  But, the 1897 certificate does not
mention “language of the land,” and Helmreich’s assertion is without
citation.
[2]
Gilbert Klaperman, The Story of Yeshiva University: The First Jewish
University in America
(New York: Macmillan, 1969) 71-72.
[3]Alexander
Dushkin, Jewish Education in New York City (New York: Bureau of Jewish
Education, 1918), 77-78.
[4]
“Boys Go On Strike,” New York Times, August 19, 1908.
[5] The Times
report may have been the result of the RIETS’ students, who, to gain
sympathy to their cause alerted it to the unrest. See Klaperman, Story,
95
[6] The
most complete report on the student unrest from 1906-1908 can be found in Klaperman,
Story, 94-112.
According
to Rabbi Klaperman, the closure and lockout on August 20th was
reported by the Jewish Morning Journal on Friday August 21st,
1908 and the Judisches Tageblatt on Sunday August 23, 1908. Idem.
217n8.
[7] Gurock,
Men and Women, 40; Rabinowitz, “60 Shana,” 553; and Klaperman, Story,
118.
[8] There
are three discussions regarding the closure of RIETS on Thursday, August 20th,
1908
See Klaperman, Story, 111-12. There is no mention of a
strike immediately preceding the board’s action. Rabbi Klaperman does not cite
the Times article in any of his footnotes. Additionally, in footnote 21,
p.218, he writes that there was no clear picture of presidential succession of
RIETS between February 1906 and fall of 1908, despite an indication in the NY
Times article that Nathan Lamport was the president of the school in August of
1908.
The
second is Hayim R Rabinowitz’s recollections that appeared in Hadoar in
1968. Hayim R. Rabinowitz, “60 Shana le-Shvitot be-Yeshivat Rabbeinu Yitzchok Elchanan,”
Hadoar, June 14, 1968, 552-554. In 1908, Rabinowitz was an
eighteen-year-old student at RIETS, and writes at length regarding the
situation leading up to the closing of the school on August 20th,
with the resultant lockout of the students from the building at 156 Henry
Street, but does not mention that the students had been on strike immediately
preceding this event. Although Rabinowitz was a contemporaneous observer, his
reminiscences were only published sixty years after the events in question.
The third discussion is by Jeffrey Gurock.  Jeffrey Gurock, The Men and Women of
Yeshiva: Higher Education, Orthodoxy, and America Judaism
(New York:  Columbia University Press, 1988) 39-40. Citing
Rabinowitz, p.553, he writes “Frustrated, feeling that a double cross was in
the making, RIETS students were once again talking strike in the late spring
and early summer of 1908.” Gurock, however, does not mention that a strike and
blockade of the building took place in August as indicated by the headline of
the New York Times and in the subsequent article.
[9] Klaperman,
Story, 48.
[10] Idem, 217-19.
[11]
Rabinowitz, “60 Shana,” 552-554, quoted extensively in Gurock, Men and Women,39-41.
[12] The
Jewish American Family Magazine and Gazette (Amerikaner Familian Magazin un
Gazetten)
, vol. XXXIX, no. 47, September 19, 1941, 2.
[13]
Rabbi Meir Simcha was the author of “Ohr Sameach”, an important commentary on
Maimonides’ “Mishna Torah”, and of “Meshech Chochmah”, a commentary on the
Torah. Rabbi Meier Simcha wrote of Rabbi Boruch Shapiro “he has the ability to
formulate outstanding novella acceptable to all”. The Jewish American Family,
2.
[14]
Prior to coming to America, Rabbi Shapiro obtained letters of support from two
other leading rabbinic figures in eastern Europe, Rabbi David Hirsch Eisenstein
and Rabbi Shlomo Vilner. The Jewish American,2. Rabbi Vilner wrote that
he never gives ordination to one so young, but in the case of Rabbi Shapiro, he
was willing to make an exception.
[15]
Rabinowitz, “60 Shana,” 553.  Rabinowitz
also refers to Rabbi Shapiro as a “Gadol B’Torah”
[16] Klaperman,
Story, 62.
[17] The
New York Times article identifies him as one of the three student strike
leaders. See also, Rabinowitz, p.553 As early as 1906, R. Shapiro held a
leadership role.   He was among the four
students chosen to represent the students’ views before RIETS’ board of directors.  Rabinowitz, “60 Shana,” 553; The Jewish American,
2, which states that Rabbi Shapiro was chosen as a representative by the
students in dealing with the board.
[18] Regarding
the student’s relationship with the board of directors, Klaperman describes an interaction
between the students and the directors as follows: “The student’s
dissatisfaction and the obduracy of the directors brought about continuous
agitation in the school and highlighted the confusion of aims in the
curriculum” Klaperman, Story, 86.
[19] Klaperman,
Story,99 writes that in 1906, Jonathan Shepp was elected as the new
treasurer, and that Jonathan Shepp was part of the finance committee appointed
on August 31, 1908 to assist in reopening the school after it was closed on
August 20. Klaperman, Story, 99, 113.
[20] Gurock
indicates that the treasurer threatened to call the police, but that in fact
the police were never called.  Gurock, Men
and Women
, 40 (citing Rabinowitz, “60 Shana,” 553).
[21]
Regarding the address of the building to which the students moved, Rabbi
Shapiro was physically at this new address so it is reasonable to assume that
he recorded it correctly. Additionally, on June 3, 2015, there was an auction
of documents associated with the newly founded Yeshiva La-Rabbanim (Kedem
Auction No.8, Lot 301). One of the documents evidences a stamp which says 213
East Broadway. Rabbi Klaperman lists the address
as 123 East Broadway.  Klaperman, Story,
116, 219n38.
[22] Rabbi
Shalom Elchanan Jaffe (1858-1923) was an important early American Orthodox
Rabbi. He received Semicha from both Rabbi Naftali Zvi Yehuda Berlin and Rabbi
Yitzchak Elchanan Spektor. He arrived in America in 1890 and served as a Rav in
St Louis and in Brooklyn before becoming the Rabbi in 1901 of the prestigious
Beth Midrash Hagadol synagogue on the Lower East Side of New York. He was one
of the most influential of Rabbis at the time, especially when it came to the
supervision of kosher meat. Jaffe’s motivations for his involvement with this breakaway
school, may have less to do with issues than his personality.  According to Klaperman, Jaffe was not one
wedded to the idea of secular education, one of the central demands of the
students. “On the other hand, Rabbi Jaffe was the stormy petrel on the rabbinic
scene, known as an impetuous non conformist who rushed in without fear when his
mind was made up.” Klaperman, Story, 117.
[23] Rabbi
Chaim Sholom Shochar (Rabbi H.S. Shoher) came to Boston in 1882 to be the Rabbi
of Bais Avraham synagogue and subsequently served as the Rabbi of Hadrath
Israel and Mishkan Tefillah among other synagogues in Boston. In 1905, he moved
to New York City to become the Rabbi of the prestigious Shaare Zedek synagogue
located at 38-40 Henry Street. In 1910, he is listed as living at 215 East
Broadway, next door to the location of Yeshiva Le-Rabbanim. He authored a
pro-Zionist book Shalom Yerushalyim in 1909 and passed away in 1918.
[24] Rabbi
Aaron Gordon (1845- 1922) known as the Miadziol (Myadel) Iluy, emigrated to
America in 1890 and was the chief Rabbi of Rochester, New York until 1900 when
he moved to New York City. He was one of the founders of the Agudath Harabanim
and served as head of a Bet Din on the lower east side. He served as the Rabbi
of Congregation Talmud Torah Tiphereth Jerusalem at 147 East Broadway. He was a
prolific writer, authoring many books on Halacha, among them Even Meir
(Pietrokov 1909), Teshuvat Meleat Even (Pietrokov 1912), Minchat Aharon
(Jerusalem, 1920) and Sha’arei Da’at (Jerusalem, 1921).
[25]
Rabbi Joseph Judah Leib Sossnitz (1837-1910) was born in Birzhi, district of
Kovno. He has been described as a Talmudic scholar, mathematician and
scientific author. He settled in New York in 1891 and in 1893, founded a Talmud
Torah on 104th street in Manhattan. In 1899, he was appointed a
lecturer in Jewish ethics at the Educational Alliance at 197 East Broadway.
[26]
Rabbi Judah Leib Lazarov (1875-1939), studied inTelz, Mir, Volozhin and Radin
before immigrating to America in 1898.He was hired as a preacher at Beth
Midrash Hayei Adam at 89 Henry Street in 1903 and succeeded Rabbi S.E. Jaffee
as Rabbi of Beth Midrash Hagadol in 1910. He authored a multi volume work Divrei
Yehudah
(New York, 1906-1910).
Except for Rabbi Dr Rabinowitz who was from Brooklyn, all the above
named rabbinic leaders were from the Lower East Side near both Rabbi Isaac
Elchanan Yeshiva on Henry Street and Yeshiva La’Rabanim on east Broadway. They
most likely would have been aware of the struggles of the students with the
board of the Yeshiva and had possibly allowed them to speak in their synagogues
during the May strike. See Klaperman, Story, 104. It is also possible
they were consulted by the students on an ongoing basis even before they tried
to start a new school.
[27] Abraham
J. Goldstein emigrated to America in 1884 and immediately settled in Jersey
City. One book, Distinguished Jews of America, (New York, 1917), describes
him as “a strict Orthodox Jew in every sense”, “one of the richest and most
prominent citizens of Jersey City”, and “a member of almost every Jewish
organization in Jersey City”. He owned a grocery wholesale business, was
president of the Erie Building and Loan Association, and was one of the largest
real estate owners in Jersey City.
[28] Rabbi
Shlomo David Posner (Rabbi S.D Posner) was a Rabbi in Jersey City, New Jersey,
for many decades. He signed his letters “Rav V’Av Beit Din” of Jersey
City.  He authored a book of homilies Eshed
Hanahar
(New York, 1932). In the introduction, he writes candidly about
being a Rabbi in America over many years. He was involved on a national level
in many Rabbinic organizations and he helped raise money for the Jewish
community in Palestine
[29] It
is interesting to note that Rabbi Shapiro refers to this group as Mr. but later,
refers to three of the group as Rabbi. The two Shapiro brothers and Ben Zion
Perl are referred to by Rabinowitz as having Rabbinic ordination already at
that time. Rabinowitz, “60 Shana,” 553.
The four referred to by Rabbi Shapiro aside from himself are:
(1) Rabbi Abraham Shapiro was the brother of Rabbi Boruch Shapiro.
Like his brother, Abraham already possessed Semicha from Eastern Europe at this
time. He later served as a Rabbi in Canton, Ohio and in Utica, New York. He was
considered to be a prominent Musmach of RIETS in later years.
(2) Rabbi Ben Zion Pearl served as a Rabbi in Harlem. He was the
director of the Uptown Talmud Torah Association which had 2,400 students in
1919. In 1925, he was involved in raising money for the building fund of Rabbi
Isaac Elchanan Yeshiva. He passed away in 1929.
(3) Rabbi Chaim Yechezkel Moseson came
from Lodz Poland, learned in the Yeshiva in Lomza Poland and received Smicha
from Rabbi Yechial Michal Epstein, author of the Oruch Hashulchon. He was the
principal of Yeshiva Torah Vadath, Mesivta Tiferes Yerushlayim, and other
Yeshivot. He wrote many articles for Dos Yiddishe Licht, a newspaper
financed by Cantor Yossele Rosenblatt.
(4) Harry Sebee Linfield
(1889-1978), was a rabbi and statistician. His Jewish Statistical Bureau
conducted research on Jews in America and published numerous reports and other
publications on their findings, specifically the Statistics of Jews. He was born in
Lithuania and came to the United States in 1905. He was awarded a PhD by the
University of Chicago in Semitic language in 1916, and the following year was
ordained a rabbi by the Hebrew Union College in Cincinnati
[30] Klaperman,
Story, 118.
[31] Idem.
262
[32] The
Reform Advocate
, December 29, 1917, p.501
[33]
Rabinowitz, “60 Shana,” 553-554.



The Rabbi, the Rebbe, and the Messiah

The Rabbi, the Rebbe, and the Messiah
By Brian Schwartz
If someone were to ask you of an instance where a rabbi was declared the messiah by his followers, the first example that would probably come to mind is the last Lubavitcher Rebbe, R’ Menachem Mendel Schneersohn, who to this very day many of his chasidim regard as the Messiah, despite his death.  Many people would struggle to point to any other similar times in history, besides for the Shabbethai Tzvi affair and his various successors[1], where someone was thought of as the Jewish Messiah. However, throughout the past few hundred years, there have been a handful of rabbis who have been explicitly or implicitly declared the messiah, suggested it, or have been accused of suggesting it. 
Messiahship was a chasidic and mystical phenomenon, with chasidic rebbes; R’ Yisrael Ba’al Shem Tov[2], R’ David of Tulna[3], R’ Yisrael of Ruzhin[4], R’ Nachman of Breslov[5], R’ Yitzchak Isaac Safrin of Komarna[6], R’ David Moshe of Chortkov[7], and mystics; R’ Chaim Vital[8], R’ Chaim ibn Attar[9], R’ Moshe Chaim Luzzato[10], Shukar Kuchayil I[11], and Shukar Kuchayil II[12], and more recently Yisrael Dov Odesser[13], all being labeled one way or another as the Messiah[14].  Despite the characterization of these individuals as the Messiah, most lived on without any scandal associated with the eschatological attribution.  There is one instance however, which unfortunately did cause a great uproar.  I refer to you the case of R’ Menachem Mendel Hagar, the scion of the Vizhnitz chasidic dynasty, and the Transylvanian town of Borşa.
Borşa was a mountain village located in Northern Transylvania, in the Maramureș region of Romania.  In 1830 it had a Jewish population of 250, rising to 1,432 in 1890.  Most of the people in Borşa were chasidim of the Kosov-Vizhnitz dynasty.  In 1855, R’ Yaakov Tzvi Waldman, a chasid himself, though an adherent of R’ Chaim Halberstam of Sanz, was chosen as rabbi of Borşa.  Considered a great talmid chacham by his peers[15], Rabbi Waldman was defrocked by his own kehillah because of his harsh words towards the Vizhnitz Chasidim of his town.  The story behind this is relayed by R’ Avraham Yehuda Schwartz, author of the Sh”ut Kol Aryeh, in two letters he sent; one to the townspeople of Borşa, and one to R’ Menachem Mendel Hagar, the Rebbe of Vizhnitz.  In the letters, he mourns over the great bizuy talmid chacham that transpired because of the people of the town removing Waldman from his position as rabbi, replacing him with a boor, and threatening anyone who still considered him rabbi with excommunication.  

What caused all this to transpire?  In the year 1870, the Chasidim of Borşa decided that since the gematria of “Menachem” (the Vizhnitzer rebbe’s name) is equivalent to that of “Tzemach” (a term used by the prophets to refer to the messiah, see Zachariah 6:12, and Midrash Eicha Rabbah 1:57), Menachem Mendel Hagar, the Rebbe of Vizhnitz must be the messiah.  Reacting to this, Waldman said, “כי אמונה כזאת ועבודת האנשים המאמינים בה זרה.”

Here are the two letters printed in the Toldos Kol Aryeh, and if you look at the footnote to the letter to Borşa on p.147, you’ll notice that it says that it was first printed in the beginning of Shu”t Vayitzbor Yosef:
The Vayitzbor Yosef was written by R’ Yosef Schwartz[16], the grandson of R’ Avraham Yehuda Schwartz.  The copy I initially had, was the second edition printed by R’ Yosef’s nephew in Brooklyn in 1987[17].  Here is the title page:
  
However, a thorough search for the letter through the entire work came up with nothing.  It seems to have vanished.  After an exhaustive hunt, I was finally able to procure a first edition of the Vayitzbor Yosef, and upon examination, I was able to realize the full extent of how doctored the second edition is.  In the second edition, there are approbations added from R’ Yosef Schwartz’s other work Ginzei Yosef, and the index is in the back of the sefer, unlike the first edition where they were printed in the front, right after the hakdamah and before the pesicha.  These changes are quite innocuous.  However, in the second edition, a picture of the original title page is presented with a glaring omission.
Here is how it is presented:
And here is it in actuality:
Notice anything different?  That’s right, on the original title page, there is mention of a separate part of the sefer, “Naftali Savah Ratzon” which is supposed to be a collection of things that the author heard from his father R’ Naftali Schwartz.  If you guessed that the second edition is devoid of this section in its entirety, you would also be correct.  Here is a picture of the beginning of that missing section, which also happens to be printed in the back of the New York edition of Toldos Kol Aryeh:
Having gone through the Naftali Savah Ratzon, I couldn’t find any objectionable material that would have motivated the publishers from removing it.  So what was their motivation?  Remember the missing letter from R’ Avraham Yehuda Schwartz, the Kol Aryeh?  Well, in the first edition, there is another small section right after the pesicha, called “Hashmatah V’hosafa L’kunteres Naftali Savah Ratzon.”

Here is how the second edition appears:
And here is how it’s supposed to look like:
This section is four pages long, and in it can be found the censored letter from R’ Schwartz to the people of Borşa.  It would seem that this sensitive letter was behind the publisher’s motivation to totally remove any mention of the Naftali Savah Ratzon, since it was officially part of it as a hashmatah.  So not only was an important document lifted from the sefer, a whole section became a casualty along with it.  Why the publishers couldn’t just take the letter out and keep the rest of the Naftali Savah Ratzon, I’m not sure.  I guess they wanted as “clean” of a job as possible.
I must point out how Leopold Greenwald, Yaakov Tzvi Abraham, Dr. Yehuda Speigel, and Gedaliah Stein explain the rationale of the people of Borşa’s belief that Menachem Mendel Hagar was the Messiah, and how their explanation is mistaken.  Greenwald[18], Abraham[19], Speigal[20], and Stein both suggest how the belief was formulated as a reaction to Hagar’s sefer, Tzemach Tzadik.  In his work Zichron Borsa[21], Stein explains that since Hagar gave no explanation to the title of his sefer, which was perplexing since it did not have Hagar’s name within its title as do other sefarim, such as “Kedushas Levi” by R’ Levi Yitzchak of Berditchev, or “Ahavas Yonasan” by R’ Yonasan Eibeshutz, his chasidim saw in it an esoteric meaning.  As the gematria of “Tzemach,” which is used to refer the Messiah in Zachariah 6:12, is equivalent to “Menachem,” and likewise the gematria of “Tzaddik,” which is also used in Zachariah 9:9 to refer to the Messiah, is equivalent to “Mendel,” this must mean that their rebbe, R’ Menachem Mendel Hagar is indeed the Messiah! 
This explanation is simply untrue.  In no way, could the work Tzemach Tzadik have had any influence on what happened in Borşa in 1870, when it was only published for the first time in 1885.  As for the reason why it was called Tzemach Tzadik, Hagar’s son Baruch, explains in the preface to the work that he simply named it because the gematria is equivalent to Menachem Mendel.  It is also untenable to argue that a manuscript, or knowledge of one with the title Tzemach Tzadik, was floating around at the time of the dispute, because  R’ Baruch Hagar writes in the preface that the material for the work was only written a few years before his father’s passing in 1885.  Consequentially, we must take the letters of the Kol Aryeh for their simple meaning, that the people themselves came up with the gematria of tzemach and its link to the Messiah and the Vizhnitz Rebbe.
Many leading rabbis of the time came to R’ Waldman’s defense, including; R’ Moshe Schick[22], R’ Chaim Sofer of Munkatch[23], R’ Chaim Halberstam of Sanz[24], R’ Yosef Shaul Nathansohn[25], and the previously mentioned R’ Avraham Yehuda Schwartz. It seems that the only rabbi that came to the defense of the Vizhnitz Chasidim, was R’ Yehuda Modern[26].  What happened next isn’t very clear, but it seems that a tribunal was held by Schwartz to settle things[27], and Waldman was reinstituted as rabbi of Borşa.  Waldman died in Vienna in 1883.
As a side note, take a look at the last page of the letter of R’ Schwartz, printed in the first edition of the Vayitzbor Yosef, on the very bottom:
That is a stamp referring to the responsum of R’ Moshe Schick to Borşa!  I don’t know if this appears in every first edition copy, or if some private owner went to the trouble to specially stamp this, but it would be interesting to find out!


[1] Mordechai Mochiach of Eisenstaedt, Baruchia Russo, Jacob Querido, Abraham Cordozo, Yehuda Leib Prossnitz, and Jacob Frank
[2] See Ba’al Shem Tov Al Hatorah (Jerusalem 1998) in the Hakdamah #23 in the name of Nachum from Chernobyl, though this is seemingly a contradiction to the Iggeres Hakodesh of the Ba’al Shem Tov where he writes that he spoke with the Messiah.
[3] See Aharon Wertheim, Halachos V’halichos B’Chasidus (Mossad Harav Kook, 2002), pp. 20-21 fn. 52
[4] See David Assaf, The Regal Way (Stanford University Press, 2002), pp. 257-261
[5] See Yehuda Leibes, Studies in Jewish Myth and Jewish Messianism (State University of New York Press, 1993) p. 115
[6] See the hakdamah to Chumash Heichal Bracha (Lemberg 1864), “וגם דודי מורי החסיד השלם הצדיק אא”ק מוהר”ר משה הוא קרא אותי בפעם הראשון בשם מורה מורנו בפ’ בהר וקרא לפני או דודו יגאלנו ואמר עשיתי אותך גואל ואמר זה באנפין נהרין.”.  See Heichal Bracha on Leviticus 25:49 where he says that the verse is referring to Mashiach ben Yosef.  See also Megilas Starim (Jerusalem 1944) where he says he was born in the year משיח בן יוסף,  here.
[7] See Nochum Brandwein, Imrei Tov (1891) p.29a where he writes, “כמו ששמעתי מפי מרן הק’ והטהור איש צדיק תמים שמו נאה לו מוהר”ר דוד משה שליט”א. וזאת ידוע כי “משה” עולה :”אלקים אחרים”, כי בכוחו נמתק אלקים אחרים , “משה דוד” עולה: “שטן”,כי בכוחו להמתיק את השטן מישראל, ואז נמשך גאולה לישראל, כי: “משיח” עם הכולל עולה: “משה דוד”, ואז יקויים “ועינינו תראינה מלכותך” ע”י דוד משיח צדקך .  here.
[8] See Chaim Vital, Sefer Hachizyonos (Jerusalem, 2001) pp. 8, 17-18
[9] See Ohr Hachaim, Deuteronomy 15:7 at the end, here.
[10] See Isaiah Tishby, Messianic Mysticism (Littman Library, 2014) pp. 196-199
[11] See Yaakov Sapir, Iggeres Teiman Hasheni (Mainz, 1873)  here and Amram ibn Yachya Kerach, Sa’aras Teiman  (Jerusalem. 1954) pp.36-39 here.
[12] See ibid.
[14]  Though R’ Shalom Shachna of Lublin allegedly wrote on his gemara about the debate in Sanhedrin 98b over the name of the Messiah, “אני אומר שכנא שמו שנאמר לשכנו תדרשו”, referring to Deuteronomy 12:5, See Reuven Margolyos, Margolyos Hayam, Sanhedrin 98b #14, it was probably from a disciple in jest.  See Asher Ziv, Rabbeinu Shalom Shachna Milublin, Hadarom No.57, p.119.
[15] His two volume halachic work, Shu”t Tzvi V’Chamid, was printed from a manuscript in 2008.
[16] Here is a picture of R’ Schwartz with his wife:

[17] Unfortunately, hebrewbooks.org doesn’t yet have the sefer online. You can still look at the first forty pages for free on Otzar Ha-Hochma online with this link, here, even if you don’t have a subscription.
[18] Matzevat Kodesh (New York 1951) p.24 fn.57 here,  L’toldos Hareformatzian Hadatis B’Germania U’bungaria p.20 fn.40 here.
[19] L’koros Hayahadus B’trasylvania (New York) p.84
[20] Toldos Yisrael V’hispatchus Hachasidus B’Rusia H’Karpatis p.32
[21] (Kiryas Motzken, 1984) part 2 pp.68-71
[22] Shu”t Maharam Schick, Yoreh Deah #219,  here.  The published teshuva is written to an anonymous kehillah, though it is attributed to the town of Borşa.
[23] Toldos Sofrim (London, 1962) pp.37-38, here.  From Sofer’s letter we see how this was also part of the greater dispute between the Sanz and Sadigura chasidim, on this see David Assaf, Heitzitz V’Nifga Ch.19.
[24] Measef Ha’be-er year 7 p.42,  here.  I was very pleased when I first saw this letter. In it, Halberstamm argues that even an evil person that learns torah, his torah isn’t נמאסת, how more so then to a righteous person.  He brings a proof from the famous gemara in Chagiga 15b where a fire came down from heaven in front of Yehuda Hanasi to defend Elisha ben Avuya from disparagement.  I always made the same argument to fanatics who would say disparaging remarks about R’ Joseph B. Soloveitchik.
[25] Shu”t Shoel U’Meishiv Sheviah #16, also in Kerem Shlomo Tamuz 5743
[26] Tzfunos no.10 Teves 5751 p.118, here.
[27] See Toldos Kol Aryeh p.79 #122, here.