Eliezer and Joseph ben Naphtali Hertz Treves: Hebrew Publishers, briefly, in the Mid-Sixteenth Century

Eliezer and Joseph ben Naphtali Hertz Treves:
Hebrew Publishers, briefly, in the Mid-Sixteenth Century
[1]

Marvin J. Heller

A Hebrew press was briefly active in Thiengen (Tiengen) in 1560. The publishers, from the distinguished rabbinic Treves family, were Eliezer and Joseph ben Naphtali Hertz Treves. The brothers only published six (possibly seven) books before being forced to close by a meeting of the leaders, both Protestant and Catholic, of the Swiss Confederation in June 1560, who feared that they were about to print the Talmud.[2]

The Treves family was noted for the many rabbinic scholars and communal leaders it produced over several centuries. Yehoshua Horowitz, in his description of the family history, informs that the family origin may have been in Troyes, France and subsequently in Italy and Germany. A second possibility is Treviso near Venice, Italy, in the 14th century, and yet another is that the family came from Trier, Germany (Trèves in French).[3] Isidore Singer, et. al., record forty-one distinguished members of the family, writing that “No other family can boast such a continuous line of scholars as this one, branches of which have been known under the names Treves, Tribas, Dreifuss, Trefouse, and Drifzan. There exists, however, no means of tracing the connection of these various branches, which even as early as the fourteenth and fifteenth centuries were already scattered over Germany, Italy, southern France, Greece, Poland, and Russia.”[4]

The earliest known Treves is Johanan ben Mattithiah Treves, chief rabbi of France (c. 1385 – 1394), who, after the expulsion of the Jews from France in 1394, resettled in Italy, where he passed away on July 21, 1439. A responsum on the prayers of orphans for their deceased parents, and a letter addressed to the community of Padua, are still extant in manuscript in the Florence Library (Bibliothecæ Hebraicæ Florentinæ Catalogus, p. 426). Several members of the family were employed in printing presses in Italy, among them Johanon Treves at the Bomberg, Sabbioneta and Bologna presses (and later partnered with Ovadiah Seforno. As well as a scholar in his own right. Like his relative, Yochanan authored a commentary to the Siddur that was published in Bologna in 1540 and Raphael ben Johanon, rabbi of Ferrara, as editor and proofreader in Sabbioneta.[5]

Our Treves of primary interest are Joseph and Eliezer ben Naphtali Hertz Treves (1495–1566),[6] who operated the press in Thiengen. The latter served in the rabbinate in Frankfurt am Main for approximately twenty-two years. He was considered among the leading rabbis of his generation. In 1558, Kaiser Friedrich I assigned Eliezer to a committee of three rabbis to resolve the controversy surrounding the election of the chief rabbi position in Prague. committee to register the votes of Prague Jewry for the chief rabbi position. A renowned Talmudist and a Kabbalist, Eliezer became an adherent of several pseudo-Messiahs, namely Asher Lemlein (Lemmlein), who appeared in the sixteenth century; Eliezer attributed the non-fulfilment of Lemmlein’s prophecy concerning the Messiah to “circumstances other than fraud.”[7] In 1561, Eliezer, a collector of manuscripts, went to Cracow, where he transcribed Solomon Molko’s commentaries.[8][9]

Eliezer had printed previously, briefly, in Zurich. His imprints were an all-Yiddish Josippon and Sefer Hayira (both 1546), as well as a Yiddish Psalms. Dr Moshe Nathan Rosenfeld informs that the same vignette was used in Zürich with the Yiddish Psalms (1558), as well as in Tiengen. He writes that “at a meeting of the Eidgenossenschaft in Baden the Catholic representatives of Luzern, accused their Zürich colleagues of allowing the sale of anti-Christian pamphlets in the streets of Zürich.” This resulted in Treves relocating to Thiengen, with the permission of the Count of Sulz, leaving his Yiddish types behind.[10]

Joseph Treves, born in 1490, added an introduction and glosses to their father’s prayer-book, which they published, as well as the publication of the Midrash Ha-Ne’elam on Ruth, under the title Yesod Shirim.

Their father, Naphtali Hirz or Hirtz Shatz (1473-c.1540)[11] was a kabbalist and rabbinic scholar, who served as hazzan and rabbinic judge in Frankfurt am Main. He authored a kabbalistic commentary on the prayer-book, entitled Dikduk Tefillah, printed with the prayer-book, Malah ha’Aretz Deah and Naftulei Elokim (Heddernheim, 1546) and a super commentary and index on R. Bahya ben Asher (1255-1340) on the Pentateuch.[12] The former work, Dikduk Tefillah, a kabbalistic interpretation of the prayer book, reflects the rise in messianic and Kabbalah currents in Ashkenazic Jewry. As Michael A. Meyer writes, “Dikduk Tefillah (The Precise Interpretation of Prayer, 1560), reflects a rise in such tendencies.”[13] These tendencies are evident in Eliezer’s interests, as shown above.

Naftulei Elokim

Turning to Thiengen, now Waldshut-Tiengen, home to our press of interest. It is located in Baden Germany, that is southwestern Baden-Württemberg at the border of Switzerland, north of Zurzach. Jews were likely resident there in the 14th century. In 1650, eight Jewish families received a letter of protection allowing them to conduct trade but not open stores. There was continuous friction with the local population through the 18th century. Jews were only welcome in public from 1870.[14]

Eliezer, together with his brother, Joseph,[15] established their Hebrew press in the small town of Thiengen in 1559 to print kabbalistic treatises, but primarily their father’s commentary, Malah ha’Aretz Deah. As noted above, the press was active for one year only, issuing six books in 1560 and, perchance, one title in 1566, a reprint of the previous edition of the piyyut (liturgical hymn) Shir ha-Yihud (Hymnerchandce, Divine Unity).[16] Printing in Thiengen had been permitted by the Count of Sulz. However, complaints were brought by the burghers, afraid of damages because of the press, to the Bishop of Constance. He initially, in a vague response, permitted the press to continue to operate. However, when, the matter was brought before a meeting of the leaders of the Swiss Confederation in June, 1560, to which Thiengen was subject, they demanded its closure, fearing that the Talmud was to be printed there.

Another brother was Samuel, who relocated to Russia and took the family name of Zevi. He was the author of Yesod Shirim (below) on the Book of Ruth. Samuel’s sons were Eliezer, author of distinguished works, among them Dammesek Eliezer (Lublin, 1646) on tractate Hullin and Si’ah ha-Sadeh (ibid., 1645), a collection of prayers.

Kimḥa de-Avishuna

Another Treves of interest, although his relationship to our Treves family is not clear, is R. Johanan ben Joseph Treves (c. 1490–1557). A peripatetic rabbi, he wandered for twenty years in northern and central Italy, where he served as a religious instructor and rabbi in various communities in northern and central Italy. An author and publisher, Johanan Treves wrote responsa, is credited with the commentary, Kimha de-Avishuna (Bologna, 1540) on the Roman rite festival prayer book, published anonymously, as well as several halakhic works, among them glosses to the Alfasi and commentary on the laws of shehitah au-vedikah. Johanan Treves reputedly was employed in the Hebrew press in Bologna from 1537 to 1541 and, perchance, from 1545–46, as a proofreader in Daniel Bomberg’s press in Venice (noted above).[17]

The books published in Thiengen are few in number. Yeshayahu Vinograd, in the Thesaurus of the Hebrew Book, records seven titles only, all but one printed in 1560, and a single title published in 1566, which, as noted above and we shall see below, is questionable. The varied books printed in Thiengen, in alphabetical (Hebrew) order, are:

אדם שכלי Adam Sedkheli – Kabbalistic and philosophic treatise by R. Simeon ben Samuel. Of French or German birth, Simeon ben Samuel lived in the fourteenth – fifteenth centuries. Adam Sedkheli was published in quarto format (40: 24 ff.).

Adam Sedkheli
Courtesy of the National Library of Israel

The text of the title page is set within a woodcut architectural frame. The two upper corners have shields, the right shield with a key, the left a double-headed eagle, the symbol of the Holy Roman Empire, likely indicating that Thiegen was not a free city but under the direct auspices of the Empire. Simeon added the subtitle, Hadrath Kodesh, because his name, given as שמעון בן שמואל ז”ל יסדו (1012) plus the number of letters in the title (7) equals the phrase Hadrath Kodesh הדרת קודש (=1019).[18] It is that name that appears as the header in the volumes’ text pages. The intent of the book, as stated on the title page, is to save souls from destruction.

Adam Sedkheli is on the Decalogue, thirteen attributes of God (shelosh esreh middot), thirteen articles of faith, and resurrection, with a commentary by the author. The book, written about 1400, is completed with a poetic kabbalistic entreaty, Or Kadmon, which exhorts God to “[further] rescue us from the cruel decrees [following] the four miracles [performed] for us this year [1400].”[19] The miracles are enumerated as:

Salvation from a decree of death in the Jubilee year

Rescue from thousands, all dressed in white

Deliverance from the murderous brigades of Geislsler

the abdication of the “Shameful King [Wentzel], who persecuted us for many years.

The printers’ names do not appear on Adam Sedkheli nor on several of the other books printed in Thiengen. In the absence of another press in this small community, however, it may be assumed that they were responsible for those works as well. David Gans, in Zemah David, notes that Eliezer died in Frankfort in 1563.[20]

Adam Sedkheli has been reprinted several times. Ch. B. Friedberg records seven editions in the Bet Eked Sepharim, beginning with a Lublin (1599) edition through a Warsaw (1915) edition.[21]

בגידת הזמן (משכיל על דבר ימצא טוב) Begidat Hazman – An allegoric maqāma (a poetic narrative in rhymed prose) by Mattathias (Mattityah ben Moses), a 15th century Spanish or Provençal Hebrew poet or Mattathias ha-Yiẓhari, a representative of the Jewish communities of Aragon at the Tortosa disputation (1413–14). This, the first edition of Begidat Hazman, was published in octavo format (80: [26] pp.).

Begidat Hazman
Courtesy of the National Library of Israel

The title page, with a pillared frame with cherubim, has the heading “מַשְׂכִּ֣יל עַל־דָּ֭בָר יִמְצָא־ט֑וֹב וּבוֹטֵ֖חַ בַּיהֹוָ֣ה אַשְׁרָֽיו He who is adept in a matter will attain success; Happy is he who trusts in the Lord (Proverbs 12:20).” Below it the text continues “For I will give all good things, and I will give the way of traitors. I will pour out my spirit, and I will declare to the multitude my words of the betrayal of time בגידת הזמן (Begidat Hazman); the words of Mattathias from captivity.” Here too the title-page header is not the book title.

Begidat ha-Zeman was written in c. 1450. It is described as having “a clear pedagogic, apologetic, and moral purpose. . . . It is written in the first person and the personal element is important. The author repents the sins of his youth, describing his experiences, writing that he speaks from his heart, so that his tale might serve as a warning.”[22]

Mattathias is also credited as being the author of Ahituv ve-Zlmon, also a maqāma, similar in style to Begidat ha-Zeman, written prior 1453, inspired by the religious disputations held in Spain. He is also credited with a commentary on Psalm 119 with references to the disputation, and a commentary to Pirkei Avot (preserved in part only).

Ch. B. Friedberg records three subsequent editions of Begidat ha-Zeman, published in Prague (1609), Amsterdam (1650), and Offenbach (1714).[23]

יסוד שירים Yesod Shirim – Our next title, Yesod Shirim, was written by Naphtali Hirz’s son Samuel. He was, as noted above, the brother who settled in Russia. Samuel authored Yesod Shirim, a kabbalistic commentary on the Book of Ruth, literal and kabbalistic explanations.[24] It was published in 19 c. ([32] ff.).

Yesod Shirim
Courtesy of the National Library of Israel

Here too the title-page has a pillared frame with images of cherubim, unlike those employed on the title-pages of Begidat ha-Zeman (above), and Malah ha-Aretz De’ah and Shir ha-Yihud (below). The header on the title-page, in large bold letters, is given as Tapuchei Zahav, from “Like golden apples (Tapuchei Zahav) in silver showpieces is a phrase well turned (Proverbs 25:11).” Below the brief title-page text continues “behold, this is a new thing… and hidden secrets, the taste of Marut, the secret of the Kingdom of the House of David, head of the poets. Therefore, I entitled it Yesod Shirim.” Within the text, set in a single column in rabbinic letters, the page header is Yesod Shirim.

Yesod Shirim, as noted above, is on Megillat Ruth. But it is not a commentary, rather it is Midrash ha-Ne’elam, the first printing of that section of the Zohar on Ruth. The colophon states that it was printed in Thiengen by the oppressed Joseph ben Naphtali on Sunday, 23 Teves 320 (January 10, 1560). Why oppressed (עשוק) is unclear.

מלאה הארץ דעה Malah ha-Aretz De’ah – The siddur (prayerbook) prepared by R. Naphtali Hirz Treves. Malah ha-Aretz De’ah was published in octavo format (80: [242] pp.). The text of the title-page has an attractive frame with cherubim at the sides.

Malah ha-Aretz De’ah
Courtesy of the National Library of Israel

The title מלאה הארץ דעה is from “For the land shall be filled with devotion (malah ha-aretz de’ah) [to God]” and below it the verse continues “As water covers the sea” (Isaiah 11:9).[25] The text of the title-page continues that it is tefillah (prayer) for the entire year with an attractive commentary as well as a commentary in a kabbalistic manner by R. [Naphtali] Hirz [Treves]. Malah ha-Aretz De’ah is an Ashkenaz rite siddur. The text of the volume is in vocalized square letters accompanied by the commentary in rabbinic letters.

In addition to Naphtali Hirz Treves’ use of kabbalistic works in preparing his commentary to the siddur, he utilized several other sources, among the most important of which was R. Eleazar of Worms (c. 1176–1238) Sefer ha-Rokeah, an important and classic halachic and kabbalistic work.[26] Among his other sources was the Maharil (R. Jacob Moelin (c. 1365 –1427) and R. Bahya. Malah ha-Aretz De’ah closely follows the liturgy of Hasidei Ashkenaz. The commentary is extensive and lengthy.

Malah ha-Aretz De’ah was reprinted three times; two editions in Beni Brak, 1971 and 2004 and by Renaissance Hebraica c. 2000. The Renaissance Hebraica edition includes an alternative title page border. It reuses the border from Begidat Hazman.

מלכיאל Malkiel – A multi-faceted philosophical and ethical work on the afterlife, reward and punishment, and comforting Zion by R. Malkiel Hezkiah ben Abraham. Printed in quarto format (40: 22 pp.), the text of the title-page is concise, set in a decorative border. The purpose of Malkiel is described as being intended to understand the words of the sages.

Malkiel
Courtesy of the Library of Agudas Chassidei Chabad Ohel Yosef Yitzhak

Malkiel addresses such subjects as Gan Eden and Gehinom for the souls and body after death. The concealed meaning of pairs is explained, and the issue of “the tree of knowledge of good and evil” (Genesis 2:9) that the Lord prohibited to the first man and the reasons for his sin. Also explicated are the Garden of Eden, the Tree of Knowledge, Og King of Bashan and additional enigmatic aggadic materials. Additional subjects based on the words of the sages in the Talmud and Midrashim are addressed. The text is in a single column in rabbinic letters.

This is the first printing of Malkiel. Friedberg records seven later editions, beginning with Offenbach (1715) through Vilna and Grodno (1819).[27]

שיר היחוד Shir ha-YihudShir ha-Yihud (Hymn of Divine Unity) is an anonymous piyyut (liturgical poem) written in the mid-twelfth century, most often attributed to Samuel ben Kalonymus he-Hasid (c. 1130-1175), less often to his son, Judah ben Samuel he-Hasid (c. 1150-1217), author of the Sefer Hasidim, both among the foremost representatives of the Hasidei Ashkenaz, and, on occasion, to yet others. This edition was published in quarto format (40: 20 ff.). The title-page has the same frame with cherubim as Begidat Hazman (above).

Although there exist several piyyuttim entitled Shir ha-Yihud, this is the most well-known. Unlike most early manuscript versions of the Shir, which were divided into chapters, later versions, and all printed editions, are divided by the days of the week, one for each day, praising God and his uniqueness, in contrast to the insignificance of man. Lines are divided into rhymed couplets, with four beats to a couplet The fourth day differs from the other days in that it is the only day for which the verses are arranged in alphabetic order; however, the number of lines to a letter are not equal. Shir ha-Yihud is, philosophically, based on the Sefer ha-Emunot ve-ha-De’ot of R. Saadiah Gaon (882-942), a fact acknowledged on the title page.

Shir ha-Yihud
Courtesy of the National Library of Israel

It is customary, today, to recite Shir ha-Yihud on Yom Kippur eve, at the end of services, its more frequent repetition being opposed by a number of rabbinic figures, such as R. Jacob Emden (16971776), R. Solomon Luria (1510-1574) and Rabbi Judah Loew (Maharal, 1525-1609). The latter restricting it to Yom Kippur only, a “day set aside for praise of God, when a person is on a higher level, comparable to an angel” (Netivot Ovodah ch. 12, Netivot Olam).

The text of Shir ha-Yihud is accompanied by the commentary of Yom Tov Lipman Muelhausen (14th-15th centuries). Muelhausen was a dayyan in Prague, a highly respected halakhist and kabbalist. His most famous work is the Sefer ha-Nizzahon, a polemic against Christianity, passed down by hand from generation to generation, until a monk, Theodore Hackspan, seized a copy from the rabbi of Schneittach. Hackspan translated Nizzahon into Latin, added notes in attempt to refute its arguments, and had it printed (Altdorf, 1644). A Jewish edition did not appear until 1701. In a brief introduction to Shir ha-Yihud, Muelhausen writes that he has seen many commentaries on this holy work, but found them to be “straw mixed with grain.” Noting that these are inadequate, not explaining the intent of the author, he asks, “help from the Helper, my Rock, the Almighty, and I will write here all that I received, “mouth to mouth” (Numbers 12:8) from those who know the truth.” [28]

1566 שיר היחוד Shir ha-Yihud – A improbable edition of Shir ha-Yihud is listed in the Thesaurus as the seventh Thiengen imprint. It is also recorded by Isaac Benjacob in Otzar ha-Sefarim (Vilna, 1880) together with the previous 1560 printing.[29] Nevertheless, it is improbable that six years after the press was forced to close it should reopen and publish a single work, identical to one of its previous titles. Furthermore, no library records a copy of this edition. Perchance, the entry was a misreading of the early printing, copied by bibliographers and then recopied, so that in some circles it was accepted as a valid edition.[30]

The books printed in Thiengen, small in number, are nevertheless diverse. Subject matter is varied, encompassing kabbalistic and philosophic works, an allegoric maqāma, a kabbalistic commentary on the Book of Ruth, the siddur prepared by R. Naphtali Hirz Treves, and a liturgical poem. An unusual and interesting aspect of several of the Thiengen imprints is that the large lead phrase on the title-page is not the book title, which follows later in a smaller text font.

The publishers were prominent rabbis from a distinguished rabbinic family. The books printed within the span of one year, to be repetitive, are rich and varied. Thiengen, as so many other small short-lived presses, deserves to be recalled, having made a short lived but valuable contribution to Hebrew literature.

  1. Once again, I would like to express my gratitude and appreciation to Eli Genauer for his insightful comments.
  2. Stephen G. Burnett, “The Regulation of Hebrew Printing in Germany 1555-1630” in Infinite Boundaries: Order, Disorder and reorder in early Modern German Culture, ed. M. Reinhart & T. Robisheux, Sixteenth century Essays and Studies, no. 40 (Kirksville, 1998), pp. 329-30.
  3. Yehoshua Horowitz, “Treves,” Encyclopedia Judaica, (Jerusalem, 2007), vol. 20 pp. 134-35. See generally, Marcus Horovitz, Rabbanei Frankfurt (Jerusalem, 1972), 21-26; Nahum Brüll, “Das Geshiechet der Treves,” in Jahrbücher für jüdische Geschichte und Litteratur (Year 1, 1874), 87-122; and his additions, id., (Year 2, 1876), 209-10; Tzvi Lehrer, Tolodot Naphtali Hertz Treves,” in Hetzei Geborim, 7, (2014), 485-95.
  4. Isidore Singer, Schulim Ochser, Frederick T. Haneman, Richard Gottheil, Isaac Broyde, “Treves,” Jewish Encyclopedia vol. 12 (New York, 1901-06), pp. 243-48.
  5. David Amram, The Makers of Hebrew Books in Italy (Philadelphia, 1909, reprint London, 1963), pp. 205, 291.
  6. There is uncertainty about his birth and death dates. Horovitz, Rabbanei, 191-92.
  7. According to R David Gans, Eliezer attributed the failure to “the sins of the generation.” David Gans, Zemah David (Prague, 1592), Asher Lemlein (Lammlin) (16th century) was a false messiah active in 1500–02. Of Ashkenazi origin, Lemlein began his activities in northeast Italy, continuing in Germany. He claimed that, the redemption was approaching because the Messiah, Lemlein himself, had already come. Even some Christians accepted his Messianic prophecy. After his passing his movement ceased. Richard Gottheil, Isaac Broydé, “Lemmlein (Lammlin), Asher,” vol. 7, Jewish Encyclopedia, p. 680; “Lemlein (Lammlin), Asher,” vol. 12, Encyclopedia Judaica, p. 638. Dan Rabinowitz informed that Eliezer was living in Cracow already and transcribed the letters because he was caught up in the Messianic speculation. In 1531, he wrote to his father Naphtali, about the religious fever Molcho introduced into the general public. See Naphtali Hertz Treves, Malah ha-Aretz De’ah.
  8. Mordechai Margalioth, ed., Encyclopedia of Great Men in Israel I (Tel Aviv, 1986), col. 190 [Hebrew]; Isidore Singer, Schulim Ochser, Frederick T. Haneman, Richard Gottheil, Isaac Broyde, “Treves,” Jewish Encyclopedia vol. 12 (New York, 1901-06), pp. 243-48. Horovitz, Rabbanei 22-28, who provides the most comprehensive discussion regarding Eliezer.
  9. Solomon Molcho (1500-32) was born Diogo Pires to Marrano parents. He circumcised himself, became a follower of David Reubeni, who claimed to be the son of a King Solomon and brother of a King Joseph ruler of the lost tribes of Reuben, Gad, and half Manasseh in the desert of Habor. At some point he too claimed to be the Messiah. His sermons were published, Derashot (Salonika, 1529) and subsequently as Sefer ha-Mefo’ar. In 1532, Molcho went to Ratisbon, where the emperor Charles V imprisoned him. An ecclesiastical court sentenced Molcho to death by fire for Judaizing. He was offered a pardon by the emperor on the condition that he recant and return to the church. Molcho refused, choosing a martyr’s death. (Isidore Singer, Philipp Bloch, “Molko, Solomon,” vol. 8 JE, p. 651); Joseph Shochetman] “Molcho, Solomon,” vol. 14 EJ pp. 423-24. Elisheva Carlebach, “Messianism,” The YIVO Encyclopedia of Jews in Eastern Europe, Gershon David Hundert, ed. Vol. 1 (New Haven & London, 2008), p. 1160, informs that Molcho left a deep impression on Ashkenazic Jews. His messianic flag and caftan were preserved by the Jews of Prague and can still be seen there today. Concerning both false messiahs also see Moses Idel, Messianic Mystics (New Haven & London, 1998) and Gershom S. Scholem, Sabbatai Sevi; the Mystical Messiah (Princeton, 1973), var. cit.
  10. Dr Moshe Nathan Rosenfeld, “The Identity of an unknown Yiddish Prayer Book (From Zürich to Zürich),” Seforim Blog (February 18, 2025).
  11. He died prior to 1546 because, in Yesod Shirim, published that year, he is referred to as already deceased. But the exact year of his death is unknown. See Lehrer, Tolodot, 494n106.
  12. https://en.wikipedia.org/wiki/Naphtali_Hirsch_Treves. See also, Horovitz, Rabbanei, 21. Naftulei Elokim is one of two books printed in Heddernheim, a quarter of Frankfurt am Main. the other work being a Selihot, also printed in 1546, both published by a Hayyim ben Joseph (Yeshayahu Vinograd, Thesaurus of the Hebrew Book. Listing of Books Printed in Hebrew Letters Since the Beginning of Printing circa 1469 through 1863 II (Jerusalem, 1993-95), p. 158.
  13. Michael A. Meyer, editor, German Jewish History in modern Times, vol. 1 Tradition and Enlightenment 1600-1780 (1996 New York) p. 72.
  14. “Tiengen,” The Encyclopedia of Jewish life Before and During the Holocaust, editor in chief, Shmuel Spector; consulting editor, Geoffrey Wigoder; foreword by Elie Wiesel, vol. 3, p.1306.
  15. Some question whether they were related or just shared similarly named fathers. See Lehrer, “Tolodot,” 295n110.
  16. Friedberg, Ch. B. History of Hebrew Typography of the following Cities in Europe: Amsterdam, Antwerp, Avignon, Basle, Carlsruhe, Cleve, Coethen, Constance, Dessau, Deyhernfurt, Halle, Isny, Jessnitz, Leyden, London, Metz, Strasbourg, Thiengen, Vienna, Zurich. From its beginning in the year 1516 (Antwerp, 1937), [Hebrew]; Vinograd, Thesaurus of the Hebrew Book. II p. 3394
  17. Yehoshua Horowitz, “Treves, Johanan ben Joseph,” EJ, vol. 20, p. 135.
  18. Executive Committee of the Editorial Board.,M. Seligsohn, “Simeon ben Samuel,” Jewish Encyclopedia vol. 11, p. 357.
  19. Marvin J. Heller, The Sixteenth Century Hebrew Book: An Abridged Thesaurus vol. II (Brill, Leiden, 2004), pp. 504-05.
  20. David Gans, Zemah David (New York, n. d.), I, yr. 1563 [Hebrew].As Brüll notes, this is an error. Likely reversing the letter “gimal” and “zayin.”
  21. Ch. B. Friedberg, Bet Eked Sepharim, (Israel, n. d), alef 629 [Hebrew].
  22. Yonah David/Angel Sáenz-Badillos, “Mattathias (or Mattityah ben Moses?)” vol. 13 EJ, pp. 685-86.
  23. Friedberg, Bet Eked Sepharim, bet 243. Concerning the Prague edition, Gavin McDowell, “A Genealogy of Errors: Targum Pseudo-Yonatan’s Commentary Tradition” (https://books.openedition.org/ephe/2868?lang=en) informs that Shabbetai Bass (1641-1718), author of the first bibliography of Hebrew books by a Jewish author, in his Siftei Yeshenim (Amsterdam, 1680) misdated Begidat ha-Zeman. Acording to McDowell “The tally of the numeric value of these letters is 369 (80 + 5 + 80 + 200 + 1 + 3), which is 1608/09 of the Christian calendar. Bass forgot to count the word פה, reducing the date by 85 years and resulting in the year 284, which is 1524 CE.”
  24. Yehoshua Horowitz, EJ vol, 20 p. 134.
  25. The exact title is subject to some confusion and debate. The enlarged words on the title page, Malah ha-Aretz De’ah, would normally indicate it is the title. But, some of the other Thengin prints like Sod Yesharim, the enlarged letters, in that instance, Tapuchei Zahav, are not the title. Following Ben Jacob, Friedberg, in Bet Eked Sepharim refers to it Tefilot me-Kol ha-Shana Minhag Ashkenaz. Friedberg, Bet Eked Sepharim, Taf 1711. Yet, he is cited in many rabbinic texts as Siddur Rav Hirtz Shatz, and the two Beni Brak reprints use that title. See Lehrer, Tolodot, 492. Naphtali, in his introduction, titles the work Dikduk Tefilah. Unlike the printer’s introduction that precedes the work, Naphtali’s does not appear until after P’sukei D’Zimra, and may have been overlooked.
  26. The entire commentary for P’sukei D’Zimra are from Eleazar. See “Editor’s Note,” Hetzei Geborim, 8(2015), 1121.
  27. Friedberg, Bet Eked Sepharim, mem 2094.
  28. Heller, The Sixteenth Century Hebrew Book, p. 518-19; Joseph Dan, ed., Shir Hayihud (Jerusalem, 1981), pp. xii-ix and 7-26 [Hebrew with English introduction]; and A. M. Habermann, Shir ha-Yihud ve-ha-Kovod (Jerusalem, 1958), pp. 11-12 [Hebrew]. See also Abraham Berliner, “Shir ha-Yihud,” in Ketavim Nivharim I (Jerusalem, 1945), pp. 145-70 [Hebrew].
  29. Isaac Benjacob in Otzar ha-Sefarim (Vilna, 1880), p. 183 no. 475 [Hebrew].
  30. Concerning the misdating and other errors in the publishing of Hebrew books see Marvin J. Heller, “Who can discern his errors? Misdates, Errors, and Deceptions, in and about Hebrew Books, Intentional and OtherwiseHakirah: The Flatbush Journal of Jewish Law and Thought 12 (2011), pp. 269-91, reprinted in Further Studies in the Making of the Early Hebrew Book (Leiden/Boston, 2013), pp. 395-420; ibid. “Who can discern his errors? Misdates, Errors, Deceptions, and other Variations in and about Hebrew Books, Intentional and Otherwise: Revisited,” Seforimblog, Sunday, July 03, 2016, reprinted in Essays on the Making of the Early Hebrew Book (Leiden/Boston, 2020, pp. 507-36.



“A Woman Is Not an Elephant”

“A Woman Is Not an Elephant” – Some Jewish, Islamic and Classical Perspectives On the Conflict Between Authority and Truth

by Yitzhak of Bein Din Ledin

Unusually Long (Human) Gestations: Islam

The Middle East Media Research Institute (MEMRI) reports (hat tip: Rabbi Natan Slifkin):

Egyptian Medical Doctor Criticizes the Phenomenon of Accepting Unscientific Islamic Beliefs, like the Notion that a Woman's Pregnancy Can Last Up to Four Years

In an article on the liberal website Elaph, Dr. Khaled Montasser, a liberal Egyptian physician, criticizes the phenomenon of endorsing traditional ideas that have been disproven by science, such as the Muslim belief that a woman can be pregnant for up to four years. He points out that this notion is believed even by some Muslim doctors, and is acknowledged in the laws of some Arab countries, including those that are not theocracies. He calls on the Muslims not to accept outdated and unscientific ideas just because they were proposed by important clerics, stressing that contesting the opinions of religious scholars is not tantamount to attacking or disparaging the religion itself.Following are excerpts from his article:

At a Medical Conference, a Professor Raised the Notion of a Hidden Pregnancy Lasting One to Four Years

"In a medical conference held at one of the faculties of general medicine, a professor asked for permission to speak, and said: 'Why doesn't this conference deal with [the phenomenon of] hidden pregnancy?' When the participants asked what he meant by 'hidden pregnancy,' he replied: 'I mean a pregnancy that lasts one, two, three or four [years].' The conferees, both the students and the professors, were puzzled and asked one another, 'Is there such a thing as a pregnancy that lasts three or four years?' The professor answered confidently, with contempt for his colleagues' ignorance: 'Of course. Imam Malik [founder of the Maliki school of Islam] stayed in his mother's womb for three years.'"The danger posed by this belief is that, [in this case], the one who held it was a professor of medicine, who is probably schooled in the doctrine of scientific thinking, and relies on medical journals as his source [of knowledge]. Faced with a medical question, such as how long a pregnancy can last, he [is expected to] rely on what he has learned and read in these [scientific] sources, rather than on what he has read in texts of Islamic jurisprudence."Unfortunately, however, this doctor was not [just] speaking for himself. He represents a phenomenon, namely the victory of tradition over reason. He represents a school of thought that is willing to sacrifice all medical learning in order to uphold the predominance of jurisprudential Islamic texts and traditional fatwas. Proof of this is [the fact] that it is not only this professor who holds such views. I will have you know that the chief proponent of female circumcision [in Egypt] is a professor of gynecology and obstetrics, who even argued against the minister of health in a court hearing [about this matter]."

The Notion of Hidden Pregnancy Has Crept into the State Laws

"Some Islamic scholars, like those of the Hanafi [school], believe that a pregnancy can last up to two years, while those of the Maliki and Shafi'i schools think it can last up to four years, and some of them [have said] even five years or more. We [can] accept these statements as a kind of folklore, but not as any kind of scientific truth… I refuse to let anyone force me to accept this nonsense under the pretext of implementing the shari'a. Islam is a religion of reason, and [cannot] be associated with these medieval notions. Moreover, my mind refuses to accept something just because the Mufti wrote it in his book or because it appears in the Al-Azhar curriculum. How can I accept this as science when not a single gynecologist or obstetrician has ever witnessed [such an event] since the advent of scientific gynecology and obstetrics?… And from a moral perspective, how can I provide a jurisprudential loophole for a woman who was probably promiscuous after the death of her husband and then presented her baby, conceived in sin, as a baby of her dead husband by relying on the [notion] of a hidden pregnancy or on a fatwa issued by some [cleric] or religious school? This is what happened on December 14, 1927 at a shari'a court in Mecca. The qadi… ruled that the baby was conceived by the woman's dead husband who had died five years previously."The important question is whether the notion of a 'hidden pregnancy' is confined to religious legal texts and is acknowledged only in [Muslim] theocracies, or has [also] found its way into the laws of non-theocratic [Muslim] states that have been terrorized [into submission] by the slogans of the pressure group called political Islam. [Is Egypt] a state that respects reason and [rational] thinking or one that sanctifies tradition and accusations of heresy?"Science is familiar with the notion of a fetus, but does not recognize the notion of a hidden pregnancy or a pregnancy lasting more than ten months, let alone two to four years. The law is expected to be guided by [science] instead of pandering to religious scholars at the expense of science. [The ideas about 'hidden pregnancy'] are religious opinions that [reflect the beliefs] of past eras, and they should be treated as such, not as a sword that hangs over the neck of the legislator."It seems inconceivable that the laws of Egypt, Syria, or the Gulf states should include clauses about hidden pregnancy that reflect beliefs from the fourth century – [but the fact is that they do]. For example, [Egyptian] Law No. 15 from 1929 states that 'a woman's appeal to acknowledge her dead husband [as the father of] her child will not be considered if [the baby] was born over a year after [the husband's] death.' Law No. 131 from 1948 includes a clause stipulating that 'the law will take into account the rights of [a child] born as the result of a hidden pregnancy,' and Law No. 67 from 1980 [states that] 'a hidden pregnancy is legitimate [grounds] for granting rights.' Article 29 of the Personal Status Code [says]: 'The guardian of a child born [as a result of] a hidden pregnancy must inform the Attorney General's [office] when the pregnancy ends.' Article 128 in the Syrian legal code and the property guardianship law in Bahrain say the same thing."

A Woman Is Not an Elephant – She Can't Be Pregnant for More than 10 Months

"The proponents of tradition and enemies of rationality always argue that the religious scholars are [simply] cognizant of [unusual] cases that are possible, though rare. But there is a big difference between rare and impossible. It is impossible that a woman, who belongs to the human race, should suddenly turn into an Asian elephant and be pregnant for over two years. Even [a pregnancy lasting] one whole year… is impossible… The womb is not a storeroom… When a fetus stays in his mother's womb over 42 weeks, he is in danger of dying in utero, and if he stays there more than 43 weeks he will surely die… A 50-week fetus will certainly start to rot in his mother's womb… The duration of pregnancy is not a random affair; it is not a matter of possibilities, of changes in human nature or of changes that occur with time. Someone who says today that Imam Malik stayed in his mother's womb for three years is making light of a serious matter – and the blame lies not with those who said this in the past, but with those who endorse this opinion today."Debating and criticizing the opinions of religious scholars does not mean criticizing or disparaging religion. We mustn't be too sensitive to discuss a scientific issue that was misunderstood by the religious scholars of the past. There is no need to wave swords when discussing such issues. The fault lies not with those who [dare to] contest the [opinions of the religious scholars], but with those who think that these opinions are synonymous with the religion itself. The despicable questions that the clerics ask, [such as] 'Are you saying that the religious scholars were liars?' or 'Who are you to [argue] with figures of their caliber?' – are an impediment to any progress in science and in thinking."We are not accusing the religious scholars of lying, but are [merely] treating their opinions as part of [the beliefs] that prevailed in their time. We do not regard [these opinions] as sacrosanct just because those who held them were authoritative figures. Scientific truths are judged by other criteria that have nothing to do with the piety or devoutness of those who propose them. Moreover, one who contests a clerical opinion having to do with science is not attacking or disparaging the religious scholars, even if he is less pious than they. But he is probably equipped with modern research tools that are more effective than those that were available to those scholars. This does not in any way detract from their importance [as religious scholars] or from the [value] of their religious opinions…"The issue of hidden pregnancy opens a gateway to debating all the scientific and medical notions that appear in the jurisprudential texts. It is inconceivable that today, in the 21st century, we should repeat the opinions of ancient religious scholars – [such as the notion] that the menstrual blood feeds the fetus during pregnancy and turns into breast milk [after birth] – and discard everything science has taught us about gynecology… It is inconceivable that we should use terms like 'the man's [white] fluid' and 'the woman's [yellow] fluid' in discussing genetics, sexology, or infertility, while discarding [terms like] semen, ova, and the enormous wealth of knowledge gained since the discovery of DNA. The same goes for all the religious notions about medicine that are treated as religious commandments instead of as outdated medical [ideas], such as the notion of bloodletting which is defended so much that you would think it’s the sixth Koranic Pillar [of Islam]."

Unusually Long (Human) Gestations: Judaism

And what does our religion say about the possibility of abnormally long pregnancies? The Halachic discussion revolves around this Sugya: תניא איזהו בן שמנה כל שלא כלו לו חדשיו רבי אומר סימנין מוכיחין עליו שערו וצפרניו שלא גמרו טעמא דלא גמרו הא גמרו אמרינן האי בר ז' הוא ואישתהויי הוא דאישתהיאלא הא דעבד רבא תוספאה עובדא באשה שהלך בעלה למדינת הים ואישתהי עד תריסר ירחי שתא ואכשריה כמאן כרבי דאמר משתהאכיון דאיכא רבן שמעון בן גמליאל דאמר משתהי כרבים עבד דתניא רשב"ג אומר כל ששהה ל' יום באדם אינו נפל[1]The Shulhan Aruch, following the preponderant opinion of the Poskim, accepts the ruling of רבה תוספאה: האשב שהיה בעלה במדינת הים ושהה שם יותר מי"ב חדש וילדה אחר י"ב חדש הולד ממזר שאין הולד שוהה במעי אמו יותר מי"ב חדש ויש מי שאומר שאינו בחזקת ממזר וכיון דפלוגתא הוא הוי ספק ממזר: הגה אבל תוך י"ב חדש אין לחוש דאמרינן דאשתהי כל כך במעי אמו ודוקא שלא ראו בה דבר מכוער אבל אם ראו בה דבר מכוער לא אמרינן דאשתהי כל כך וחיישינן ליה[2]So normative Halachah recognizes pregnancies of up to twelve months as possible, if improbable,[3] but of longer than twelve months as impossible. There are, however, minority opinions that dissent from this position in both directions:

Even Longer Pregnancies

Meiri recounts a remarkable incident in his day of a woman who gave birth after a gestation of fifteen months, and although he acknowledges that Rambam, as well as his teachers, in the name of "The Book of Healing", by "great sages" in that discipline, deny that possibility, he stubbornly insists that his empirical experience trumps that view: ואחר שכן [שמכשירין את הולד שנולד לסוף י"ב חודש] אף ביתר משנים עשר חדש ואף בימינו אירע מעשה באשה ששהתה חמש עשרה חדשים וילדה והיה עיבורה ניכר כל ימי העבור שלא היה בה שום חשד והיו כל בני המחוז תמהים עליה וסבורים שהיה חולי הקרוי ריחים וילדה בן והיו שערו וצפרניו גדולים כאלו נולד ונתגדלוגדולי המחברים כתבו שאין העובר משתהא במעי אמו יותר משנים עשר חדש ואף רבותי העידו לי כן באותו זמן בשם ספר הרפואה לגדולי החכמים שבה אלא שמעשה שהיה כך היה ונראה לי לדון בה למעשה.[4]Rav Haim Yosef David Azulai (Hida) cites a manuscript comment of Rav Yosef (Haim) Corinaldi, which cites an incident from "their histories" that the wife of one Caesar had a fourteen month gestation, and the resulting son eventually succeeded his father as Caesar: ראיתי להרב מהר"ר דוד קורינאלדי זלה"ה בעל בית דוד על המשניות שכתב דבדברי הימים שלהם כתוב דאשת קיסר שהה הולד במעיה ארבעה עשר חדש והיה קיסר אחר אביו והיה עולה על לב דרבה תוספאה דהכשיר עד תריסר ירחי מעשה שהיה כך היה והוא הדין אם שהה יותר כל שלא ראו בה דבר מכוער אבל כבר כתב הרמב"ם דאין הולד שוהה במעי אמו יותר מי"ב חדש וגם בה"ג דאמר דאינו בחזקת ממזר לא אמרה מטעם דשוהה יותר אלא משום דיש לומר בצנעא בא כמו שכתב בטור ובבית יוסף וחלילה להקל נגד מה שפסק מרן דהוי ספק ממזר עכ"ל בהגהותיו כ"י:[5]Hida then mentions Meiri, but concludes by accepting as Halachah the opinion of Maran (and Rav Corinaldi), and declaring that we "obviously pay no attention to their histories": וראה זה חדש שראיתי בפסקי הרב המאירי ז"ל ליבמות שנדפסו מחדש … והוא פלא דנקטינן שאינו משתהא יותר מי"ב חדש. ומכל מקום לענין הלכה כל שנשתהא טפי מי"ב חדש הוי ספק ממזר כמו שכתב מרן וכמו שכתב הרב מהרד"ק הנזכר ופשיטא דאין להשגיח בדברי הימים שלהם. ומה שכתב הרב המאירי ז"ל הוא מציאות רחוק מאד מאד ומה גם דשם ניכר בשינוי שערו וצפרניו גדולים. הלכך טפי מי"ב חדש הוא ספק ממזר See also Ozar Ha'Poskim[6] for various other sources on the issue of abnormally long pregnancies, including several who emphatically insist on the impossibility of a gestation of longer than twelve months, but also a couple who seem to consider it possible.

The Two Hundred and Seventy One Day Maximum

In counterpoint to the view of Meiri is the stance of some of the Tosaphists and their followers, who maintain that Le'Halachah, any baby born after a gestation of longer than two hundred and seventy one days (nine "full" months of thirty days each) is considered a mamzer. Helkas Mehokek and Beis Shemuel mention this view, although it is not clear how much weight they give it: התוספות בנדה (דף ל"ח בד"ה שפורא גרים) כתבו דלא קיימא לן כרבה תוספאה (דממנו הוציא הרב דין זה) ואין הולד משתהי יותר מרע"א ימים היינו ט' חדשים שלמים כל אחד ל' יום:[7]מיהו התוספות נדה דף ל"ח כתבו דלא קיימא לן אשתהי וכן פסק באגודה[8]See Ozar Ha'Poskim[9] for more sources on this view.[After I had completed this paper, Eliezer Brodt showed me a fascinating and remarkably erudite thirty eight page comprehensive survey, by יעקב ישראל סטל, of references in Jewish literature to unusually long pregnancies.[10]  This exhaustive article cites the aforementioned sources as well as numerous others, and includes suggestions that Yissachar, son of Ya'akov, experienced a gestation of twelve months or longer, and that Binyamin, son of Ya'akov, experienced a gestation of twenty four months, or even thirty months!I have not had a chance to carefully read the entire article, but I did notice one apparent error: the author repeatedly asserts that the Talmudic passage that we have cited clearly rejects the possibility of a pregnancy lasting longer than twelve months, to the extent that he wonders why a couple of Aharonim claim merely that such pregnancies are “against nature”, and not that they are “against the Talmud and the Halachah”.[11]  But as we have seen, the Talmudic passage itself merely asserts that pregnancies lasting up to twelve months are possible; it is not at all clear that longer ones are impossible, and those who insist that they are, such as Hida, are relying primarily on the authority of Rambam and Maran.Incidentally, one of these Aharonim is Rav Ya'akov Emden, whose comment appears in the midst of his “expurgation of the Zohar”:[12]אך זה שכתוב עוד שם. ומן דרחל אתעברת מבנימין. לא אתעכב תמן. זה אי אפשר. לפי חשבון ששהה יעקב אבינו ע"ה בדרך שתי שנים. עד שנולד בנימין. כמו שכתב בסדר עולם ומוסכם בתלמוד  מאין חולק. והרי בכאן מאריך ספר הזוהר ימי עיבורו של בנימין חוץ לטבע. מה שלא נמצא דוגמתו.[13]]

Rejecting Incorrect Scientific Opinions of Religious Scholars: Islam

We have seen Dr. Montasser's claim that: Debating and criticizing the opinions of religious scholars does not mean criticizing or disparaging religion.R. Slifkin comments that: The parallels are interesting – including how, 800 years ago, Muslims would definitely not have been so traditionalist!Indeed. As the great Muslim thinker Abū Ḥāmid Muḥammad ibn Muḥammad al-Ghazālī writes in the Introduction to his great classic Tahafut Al Falasifah (Incoherence of the Philosophers): [T]here are those things in which the philosophers believe, and which do not come into conflict with any religious principle. And, therefore, disagreement with the philosophers with respect to those things is not a necessary condition for the faith in the prophets and the apostles (may God bless them all). An example is their theory that the lunar eclipse occurs when the light of the Moon disappears as a consequence of the interposition of the Earth between the Moon and the Sun. For the Moon derives its light from the Sun, and the Earth is a round body surrounded by Heaven on all the sides. Therefore, when the Moon falls under the shadow of the Earth, the light of the Sun is cut off from it. Another example is their theory that the solar eclipse means that the interposition of the body of the Moon between the Sun and the observer, which occurs when the Sun and and the Moon are stationed at the intersection of their nodes at the same degree. We are not interested in refuting such theories either; for the refutation will serve no purpose. He who thinks that it his religious duty to disbelieve such things is really unjust to religion and weakens its cause. For these things have been established by astronomical and mathematical evidence which leaves no room for doubt. If you tell a man who has studied such things – so that he has sifted all the data relating to them, and is, therefore, in a position to forecast when a lunar or a solar eclipse will take place; whether it will be total or partial; and how long it will last – that these things are contrary to religion, your assertion will shake his faith in religion, not in these things. Greater harm is done to religion by an immethodical helper than by an enemy whose actions, however hostile, are yet regular. For, as the proverb goes, a wise enemy is better than an ignorant friend. If someone says:The Prophet (may God bless him) has said: The Sun and the Moon are two signs among the signs of God. Their eclipse is not caused by the death or the life of a man. When you see an eclipse, you must seek refuge in the contemplation of God and in prayer." How can this tradition be reconciled with what the philosophers say?We will answer:There is nothing in this tradition to contradict the philosophers. … The atheists would have the greatest satisfaction if the supporters of religion made a positive assertion that things of this kind are contrary to religion. For it would then be easier for them to refute religion which stood or fell with its opposition to these things. (It is, therefore, necessary for the supporter of religion not to commit himself on these questions,) because the fundamental question at issue between him and the philosophers is only whether the world is eternal or began in time. If its beginning in time is proved, it is all the same whether it is a round body, or a simple thing, or an octagonal or hexagonal figure; and whether the heavens and all that is below them form – as the philosophers say – thirteen layers, or more, or less. Investigation into these facts is no more relevant to metaphysical inquiries than an investigation into the number of layers of an onion, or the number of seeds in a pomegranate, would be. What we are interested in this is that the world is the product of God's creative action, whatever the manner of that action may be.[14]Note that this ringing endorsement of at least a certain basic rationalistic insistence on the preposterousness of rejecting the ineluctable conclusions of mathematics and astronomy actually occurs in the Preface to a work whose goal is the defense of religion against what the author perceives as the deeply misguided, heretical arrogance of the philosophers. The book is, after all, titled Incoherence of the Philosophers, and virtually every single chapter title contains either the phrase "their inability to prove" or "refutation [of some belief of the philosophers]". As al-Ghazālī writes (in that same Introduction): Now, I have observed that there is a class of men who believe in their superiority to others because of their intelligence and insight. They have abandoned all the religious duties Islam imposes on its followers. They laugh at all positive commandments of religion which enjoin the performance of acts of devotion, and the abstinence from forbidden things. They defy the injunctions of the Sacred Law. Not only do they overstep the limits prescribed by it, but they have renounced the faith altogether, by having engaged in diverse speculations, wherein they followed the example of those people who "turn men aside from the path of God, and seek to render it crooked; and who do not believe in the life to come." The heresy of these people has its basis only in an uncritical acceptance – like that of the Jews and Christians – of whatever one hears from others or sees all around. … The heretics in our times have heard the awe-inspiring names of people like Socrates, Hippocrates, Plato, Aristotle, etc. They have been deceived by the exaggerations made by the followers of these philosophers – exaggerations to the effect that the ancient masters possessed extraordinary intellectual powers; that the principles they have discovered are unquestionable; that the mathematical, logical, physical and metaphysical sciences developed by them are the most profound; that their excellent intelligence justifies their bold attempts to discover the Hidden Things by deductive methods; and that with all the subtlety of their intelligence and the originality of their accomplishments they repudiated the authority of religious laws; denied the validity of the positive contents of historical religions; and believed that all such things are only sanctimonious lies and trivialities. When such stuff was dinned into their ears, and struck a responsive chord in their hearts, the heretics in our times thought that it would be an honour to join the company of great thinkers for which the renunciation of their faith would prepare them. Emulation of the example of the learned held out to them the promise of an elevated status far above the general level of common men. They refused to be content with the religion followed by their ancestors. They flattered themselves with the idea that it would do them honour not to accept even truth uncritically. They failed to see that a change from one kind of intellectual bondage to another is only a self-deception, a stupidity. What position in this world of God can be baser than that of one who thinks that it is honourable to renounce the truth which is accepted on authority, and then relapses into an acceptance of falsehood which is still a matter of blind faith, unaided by independent inquiry? Such a scandalous attitude is never taken by the unsophisticated masses of men; for they have an instinctive aversion to following the example of misguided genius. Surely, their simplicity is nearer to salvation than sterile genius can be. For total blindness is less dangerous than oblique vision.[15]

Rejecting Incorrect Scientific Opinions of Religious Scholars: Judaism

Rav Yitzhak Arama vigorously endorses al-Ghazālī's stance, applying it, mutatis mutandis, to Hazal's parallel statement about the causes of eclipses: [אמרו חז"ל] בגמרא סוכה (כ"ט.) על ד' דברים מאורות לוקים על כותבי פלסתר ועל מעידי עדות שקר ועל מגדלי בהמה דקה בארץ ישראל ועל קוצצי אילנות טובות.כי פשוטו מבואר הביטול. ורש"י כתב שם בסמוך על מאמר הדומה לו אשר אזכרנו עוד. לא שמעתי טעם הדבר. ואמר זה לפי שפשוטו שקר מבואר. שהרי הלקיות הם מחוייבים שיחולו ברגע היום ההוא או הלילה היוצא על פי חשבון תנועת גלגלי המאורות הידוע משערי החכמה ההוא. ואינן נתלים בחטאת האדם וזכיותיו. ואין מתנאי התורני לקבל שקרים מפורסמים ולהעמיד דמיונות לקיים פשט דברי הנביאים או החכמים. וזה הענין בעצמו כתבו החכם אל"גזלי בתחלת ספר הפלת הפלוסופים על מה שטענו על מאמר נמצא מפי מניח דת הישמעאלים. וזה נוסחו. השמש והירח הם שני אותות מאותות הקל יתברך שאינן לוקין רק בסבת מות אחר חיותו. וכאשר תראו אותו גורו לכם והחזיקו בתפלה וזכרון הקלעד כאן. וכבר היה זה המאמר לסבה שאמרנו לשמצה בקמיהם. אמר זה לשונו. ומי שחשב שהויכוח בבטל את זה הוא מן האמונה כבר נשתגע באמונה ונחלש ענינו. לפי שאלו הענינים כבר עמדו עליהם המופתים ההנדסיים המספריים וכו': ואמר מי שיפקפק בהם לומר שהוא כנגד התורה לא יפקפק רק בתורה. וההזק הנמשך לתורה במי שעיין בה שלא כדרכה יהיה רב מההזק הנמשך ממי שיטעון ויחלוק עליה כדרכה: והנה זה הוא כמי שיאמר שהאויב[16] המשכיל הוא טוב מהאוהב הכסיל עד כאן דבריו: ואנו צריכין לקבל האמת ממי שאמרו ולדעת שאין כוונת הדברים האלה למניחיהן כפשוטן. רק להורות בהם ענינים נכבדים על דרך הרמז יושגו למעיינים בהם בדברים יש קצת יחס להם עם נגליהם:[17]Indeed, Rav Arama is so enamored of al-Ghazālī's clarion call  that he approvingly invokes it once again, in the context of the problematic passage in the Torah implying that rainbows are special signs from God, and not purely naturalistic phenomena:[18]הנה הרמב"ן ז"ל נתפרסם מגדולי המאמינים וכתב על ברית הקשת ז"ל. ואנחנו על כרחנו נאמין לדברי היונים שמלהט השמש באויר הלח יהיה הקשת בתולדת כי בכלי מים לפני השמש יראה כמראה הקשת וכאשר נסתכל עוד בלשון הכתוב נבין כך. כי יאמר את קשתי נתתי בענן ולא אמר אני נותן כאשר אמר זאת אות הברית אשר אני נותן. ומלת קשתי תורה שהיתה לו הקשת תחלה. עכ"ל.הנה הודה בהכרח על האמת המפורסם מהנסיון וגם אשר יאמתהו הנביא באומרו כמראה הקשת אשר יהיה בענן ביום הגשם (יחזקאל א') כמו שאמרנו בספקות והוא המוסר הישר אשר כתבנו בפתיחה מפי החכם בספר ההפלה שכתב על ענין הלקיות מהנזק המגיע אל התורה מהליץ בעדה שלא כדרכה ממה שיחלוק עליה כדרכה.[19]

Captain James Cook's Tahitian Expedition

Here is Rav Pinhas Eliyahu Horowitz of Vilna's vivid and picturesque account of the predictability of eclipses:ואני ראיתי אשר נעשה תחת השמים לקוי [השמש] על ידי הלבנה ב' פעמים א' בק"ק האג אשר במדינת (האלאנד) ואחד בק"ק ווילנא אשר במדינת (ליטא) עיר מולדתי,[20]I do not know which eclipses he is referring to, but he now discusses the Transit of Venus of 1769, which was accurately predicted years in advance by astronomers at “the University” in England:גם היה בימי לקוי שמש פעם אחת על ידי כוכב נוגה הנקרא (פענוס) שעבר לפני השמש כנקודה קטנה שחורה ועגולה, כי כמו הירח לא יאיר אלא כשהוא לנוכח השמש אבל כשהוא תחת השמש הוא חשוך כן מראה הנוגה חשוך כשהיא תחת השמש אף על פי שהוא יפה מאד כשהוא לנגד השמש,וזה הלקוי היה מפורסם בעולם בטרם היותה זמן רב. כי חכמי התכונה בבית מדרש החכמה הנקרא (אוניווערזיטעט) אשר (בענגלאנד) חקרו וחשבו מהלכי כוכבי לכת ומצאו שעתיד לבא עת ידוע אשר יעבור נוגה את פני חמה וכתבו זה בספר כמה שנים קודם שכך יקרה בעת ההיא ויהיה נראה במדינה זו בזו השעה, ובמדינה זו בזו השעה וכאשר כתבו כן נראה בכל מדינה ומדינה באותה שעה ממש,He proceeds to describe Captain James Cook's first voyage to Tahiti in “a mighty ship” (the celebrated bark HMS Endeavour) to observe the Transit:ולכן בשנה שלפניה נסעו הרבה בני שרים וחורי ארץ ממדינת (ענגלאנד) למדינה רחוקה מאוד מעבר לים בצי אדיר מהלך שנה תמימה היא אי אחת מאיי הים הנקרא (אטעהייטע) אשר במדינת (אמעריקא) לראות שם הנהיה הדבר הזה באותה מדינה כשאר כתבו ואיש כלי מחזה בידו וכלים המגדלים את הראות אשר כל אדם חזו בו היטב, הן המה כלי ההבטה הנקראים (פערען גלעזער) אשר המציאו חכמי (דיאפטיקא), ויהי כאשר באו שמה יום אחד לפני היום המוגבל הכינו את אשר הביאו מאותן הכלים במקום ידוע למען יעמדו ויהיו נכונים ליום מחר לראות על ידם הלקוי ההוא, ובלילה ההוא גנבו אנשי הארץ ההיא הכלים ההם מן המקום ההוא גנבו וגם כחשו, וכמעט היה בחנם כל נסיעתם וטרחתם, ועל ידי השתדלות רב החזירו להם, וכאשר פתרו כן היה נראה שמה גם כן לקוי חמה מנוגה נגדו ובאותה שעה אשר כתבו לא נפל דבר מכל אשר כתבו:The instrument stolen by the locals was apparently actually a quadrant, not a telescope:Used for fixing longitude from the stars with a 19 mm diameter objective and focal length of 330 mm and radius arm of 300 mm this instrument was stolen by the locals who thought it must have great powers because it was moved around in a wooden box and guarded with a sentry.it was recovered, attempts had been made to pull it to pieces but it was put back together again some would say that it had lost its original alignment and accuracy. The counter weight hanging at the left hand side was immersed in water to dampen any vibrations that might occur during observations. A mahogany tripod was used to support the quadrant when used on location around Tahiti.[The above is taken from here; see the page for the photographs of the instrument.]R. Horowitz then claims that the ability to retrodict eclipses enables us to refute a Chinese claim that the earth is much older than the Biblical five millenniums believed by the Europeans:ואל תתמה על החפץ כי אף גם כל לקות החמה והלבנה יחשבו החכמים יודעי העתים מקודם כאשר מחשבים את המולד ואת התקופה העתידה לבא, וכמו כן נוכל לחשוב עתה כל הלקות למפרע הפונה קדים (א פאסטריארי) לדעת הלקות אשר היו מימי קדם כי על חשבון צדק יהלך {הלקות} החמה או הלבנה יחשב לו כפי שניו אשר היה מחויב להיות אז כאשר נוכל לחשוב כל המולדות והתקופות למפרע עד התחלת הבריאה וראשית היצירה.ועל ידי תחבולות חכמה זו נצחו חכמי (אירופא) לתושבי ארץ (חינא) האומרים העולם הזה כבר עברו עליו אלפים רבבות שנים באמרם כי כן נמצא כתוב על ספר דברי הימים שלהם כמה רבבות מלכים אשר מלכו בארצם זה אחר זה וכמה שנים מלך כל אחד וכמה מלחמות עשה וכל הקורות אותו וכל לקוי חמה ולבנה אשר היו בימיו.וחכמי (אירופא) נתנו עיניהם בלקות חמה ולבנה הנמצא כתוב אצלם בחשבון חשבו עליהם ובדקו אחריהם בעיון יפה על פי חשבון האמיתי דרך הקדים למפרע ומצאו כל הלקות אשר מפאת קדמה עד ראשית הבריאה המפורסם אצלנו ואצל כל גויי הארצות הכל אמת צדקו יחדו, ואשר שם ולמעלה ההולך קדמה הבריאה לא מצאו אפילו אחד בהם שבא בעתו ובזמנו הראוי לו על פי החשבון, וזה לנו האות אשר פיהם דבר שוא בכל שארי הדברים והקורות מימי קדם קדמתה גם כן, וכל הנמצא כתוב על ספר שלהם דברי כזב הם והכל שקר כי לא היה ולא נברא עדיין העולם, ונחזיק טובה לחכמי (אירופא) אשר במזימות זו חשבו ודידן נצח, כי אין מעשה וחשבון ודעת אחר בכל ספרי הבל שלהם אשר מראש מקדמי ארץ שנוכל לברר השקר נגד פניהם כמו ענין הלקות והוא בנין אב לכל שאר דבריהם כי הכל הבל, וכל ענין ומספר לפי רוב השנים קדמוניות אשר בידם ירושה אינם אלא במוחם החלושה.וזה הלקוי על ידי נוגה היה בשנת תקכ"ט לפ"ק.I do not know exactly what Chinese records he is referring to, but here's Wikipedia's discussion of historical eclipses:Historical eclipses are a valuable resource for historians, in that they allow a few historical events to be dated precisely, from which other dates and a society's calendar may be deduced. Aryabhata (476–550) concluded the Heliocentric theory in solar eclipse. A solar eclipse of June 15, 763 BCE mentioned in an Assyrian text is important for the Chronology of the Ancient Orient. Also known as the eclipse of Bur Sagale, it is the earliest solar eclipse mentioned in historical sources that has been identified successfully. Perhaps the earliest still-unproven claim is that of archaeologist Bruce Masse asserting on the basis of several ancient flood myths, which mention a total solar eclipse, he links an eclipse that occurred May 10, 2807 BCE with a possible meteor impact in the Indian Ocean. There have been other claims to date earlier eclipses, notably that of Mursili II (likely 1312 BCE), in Babylonia, and also in China, during the Fifth Year (2084 BCE) of the regime of Emperor Zhong Kang of Xia dynasty, but these are highly disputed and rely on much supposition.

A Famous, Pseudepigraphic Aphorism

al-Ghazālī

Incidentally, in that same Introduction al-Ghazālī cites this purported aphorism of Aristotle: This is Aristotle, who refuted all his predecessors – including his own teacher, whom the philosophers call the divine Plato. Having refuted Plato, Aristotle excused himself by saying: "Plato is dear to us. And truth is dear, too. Nay, truth is dearer than Plato."

Ibn Janah and Rav Zerahiah Ha'Levi

Educated medieval Jews were also familiar with this aphorism; a version of it even appears in the introduction to the Sefer Ha'Meoros, where Rav Zerahiah Ha'Levi, in the course of his gathering numerous sources in justification of his temerity in disputing some positions of Rif, notes that Rav Yonah (Abu-l-walīd Marwān) Ibn Janah marshals the aphorism in defense of his boldness in dissenting from aspects of the grammar of his revered predecessor Rav Yehudah (Abu Zakariyya Yahya ibn Dawūd) Ibn Hayyuj: וזה המנהג נהגו כל חכמי העולם כמו שכתב החכם המורה אבן גנא"ח בהשיבו על המורה הגדול בעל הדקדוק רבי יהודה ז"ל הזכיר דברי הפילוסוף שהשיב על רבו ואמרריב לאמת עם אפלטון ושניהם אהובנו אך האמת אהוב יותר[21]

Rav Yosef Kimhi

Versions of the aphorism also appear at least twice in the writing of Rav Yosef Kimhi (Rikam, surnamed Maistre Petit): ואמר פילוסוף אחד בהשיבו על אפלטון ראש החכמים אמר האמת ואפלטון שניהם אהובינו והאמת יותר חביבנו[22]ענה חכם בלבבו בר, בחלקו על דברחכמה ומדע, ותט לו אוזן והוא נדיבנוכי האמת אהוב ונחמד ורצוי, ואפלטוןגדול ורב ומאד צורב, גם הוא אהובינו,משפט שניהם נבחרה לנו, אך האמת יותר חביבנו:[23]Answer the wise in a fair, honest way when they discuss a matter with knowledge and wisdom; give ear to such, and they will become thy benefactors, for truth is a thing to be loved, desired, and received with favor; and even though our friend be a Plato, great and exalted, and renowned for his learning, the right of our judgment we claim in the matter of truth, for Truth is to us a friend dearer by far than aught.[24]These citations by Rav Zerahiah and Rav Kimhi are discussed by Prof. Howard Jacobson, in a brief JQR note,[25] in which he actually implies that Rav Zerahiah's citation of Ibn Janah is more complete than the defective extant text of the latter's Kitab al-Mustalḥaḳ, in which the aphorism apparently appears.[26]The Canadian folklorist Yehudah Leib Zlotnick (Avida) has an article on this aphorism in his מדרש המליצה העברית אמרי חכמה ואמרי אנשי, in which he collects numerous citations of versions of it by various Jewish authors, and he goes so far as to claim that: הננו רואים כי זהו מאמר מהמפורסמים ביותר אצלנו, אבל הנוסחאות שונות ומענינות[27]Here are some of the sources he mentions:

Rashba

ולא עוד, אלא שאף מצד החקירה אין לנו לדון לבטל דבר שחקירת חכם מן החכמים מחייב בטולו, אם יש בידינו קבלה על קיומו. ולמה נסמוך על חקירת החכם ההוא, ואולי חקירתו כוזבת מצד מיעוט ידיעתו בעניין ההוא. ואולי אם יעמוד חכם ממנו, יגלה סתירת דבריו וקיום מה שסתר, וכמו שקרה לחכמים שקדמו לאפלטון עם אפלטון. ושקרה לאפלטון עם ארסטו תלמידו הבא אחריו, ואמר שיש ריב לאמת עמו. ואיני אומר שנסמוך על הדין הזה להכזיב כל מה שיאמר כל חכם, כי אילו אמרנו כן היה כסילות באמת. אך אני אומר: במקום שיש מצווה או אפילו קבלה, אין מדין האמת לבטל הקבלה מפני דברי החכם ההוא, מן הצד הזה שאמרתי.[28]

Menasseh Ben Israel

מודעת זאת בכל הארץ שירמיה הנביא אחר שנבא ארבעים שנה ונחרב הבית הלך לו לארץ מצרים ועמד שם שנים רבות עד יום מותו וממנו קבל אפלטון רוב חכמתו כאשר חכמי היונים מעידים. וכן תראה שרוב דרכיו דרכי נועם וכל נתיבותיו שלום עם חכמי האמת והצדק. ובפרט בדברו על עסקי הנפש יחשוב שיש לנשמה צורות רשומות שעל ידיהן היא לומדת. כי הלמוד אצלו אינו רק הזכרה מה ששכח מיום היותה על האדמה. ואחריו בא תלמידו ארסטו ולהראות שחכמתו גדולה משלו ולהגדיל תפארתו בעיני העמים וששומעו ילך בכל הארצות חלק עליו בכל תוקף ואמר. אהוב אפלטון אהוב סוקרט אבל יותר אהובה האמת. …[29]Regarding the claim that Plato learned his wisdom from Yirmiyahu, see R. Josh Waxman's excellent discussion of this legend.

Rav Yair Haim Bacharach

כתב ראש הפילוסופים היוני אהוב סקראט אהוב אפלטון רק האמת אהוב יותר הביאו בספר נשמת חיים מ"ב פ"י ובספר מאור עינים חלק אמרי בינה פמ"ח. ובספר בא גד פ"ד ובהקדמת ספר חזוק האמונה ובהקדמת ספר האמונות ובכמה דוכתי ובכהאי גוונא כתב ריב"ש תשובה סימן ע'.[30]

Rav Tam Ibn Yahya

הן אמת כי נפלאה אהבתי אליך וחפצתי צדקך למען תזכה בשפטך. אך האמת יותר אהובה אצלי וארשתיה לי לעולם ולא אוכל כפרה.[31]One last mention of the aphorism, by R. Horowitz, who uses it to counter what he considers excessive deference to Rambam on matters of science:ותמהני על הרבה אנשים שלדעתם כל אשר ימצאו כתוב על ספר להרמב"ם ז"ל יחשבון שהודאי כן הוא עליו אין להוסיף וממנו אין לגרוע והפכו נמנע, ולא כן אבי, אבל האמת הוא שלא בכל הענינים כיוון לאמיתו של דבר והרבה יש בדבריו אשר הפכם הוא האמת כאשר כתבו שרים רבים ונכבדים מחכמי ישראל בספריהם הקדושים, כמו ספר עין הקורא לר' שם טוב ברבי שם טוב ועבודת הקודש לרבי מאיר גבאי ובעל נוה שלם ואור ד' לר' חסדאי ובדומה לאלה ספרים הרבה בשם הגדולים אשר בארץ החיים, ואנכי איש רש ונקלה לפני כבודו כגרגר חרדל לפני עולם מלא גם אני וכל מאמינים שהוא ואין בלתו ואין דוגמתו ביהודה וישראל החכמה והמדע והתורה הכל יכול וכוללם יחד כי מי כמוהו מורה בדת ודין במצות התורה בכל זאת אם בספרו היד החזקה אשר לפניו תכרע כל ברך יש בו כמה דברים שלא פסקינן כמותו מכל שכן בשאר ענינים:וכבר כתב בעל גבעת המורה בהקדמת ספרו שהסיבה מה שנתאחרה הפילוסופיא להגיע אל שלמותה זמן רב היה בעבור גודל חכמת (אריסטו) ופרסומו הנפלא ועל ידי כן נמשכו כל חכמי דור ודור בעיונם זמן רב אחר דעותיו והנחותיו בחשבם החולק עליו כחולק על דבר שאין ספק באמיתו עכ"ל.ככה ממש הסיבה מה שנתאחרה האמת להגיע באומתנו זמן רב הוא בעבור שרבים חושבים כי החולק על דבר מדברי הרמב"ם ז"ל כחולק על דבר שאין ספק באמיתו, וכמעט היינו הך כי כל דבריו משפט העיון אשר לאריסטו כי הוא ז"ל הלך בעקבותיו בעיוניות כידוע, אמנם כל איש ישר הולך אוהב הרמב"ם ז"ל ואוהב האמת יותר כאשר אמר החכם אהוב אריסטו אהוב סאקראט והאמת אהוב יותר:[32]The thesis that an unhealthy reverence for Aristotle had greatly retarded European scientific progress for centuries is the premise of L. Sprague de Camp's classic science fiction alternative history / time travel short story Aristotle and the Gun:Speculating that small changes in past history might have profound consequences on the present day world, scientist Sherman Weaver appropriates an experimental time machine to project himself back to the era of Philip II of Macedon. There he hopes to meet Aristotle, his belief being that the influential ancient philosopher's lack of interest in such had retarded scientific progress through much of subsequent history. Equipped with modern-day marvels and pretending to be a conventional traveler from India, which he represents as their source, he attempts to demonstrate to his new acquaintance the value of experimentation in the furtherance of knowledge.The Aphorism's Actual Provenance

Although the actual aphorism does not actually appear in any of Aristotle's writings, Prof. Henry Guerlac (bio: PDF)) has suggested that "there is more than a grain of truth" in the association of the aphorism with Aristotle, and he notes that Aristotle himself is "indebted to Plato … for the idea":

Indeed the aphorism has sometimes been associated with Aristotle himself; and in this there is more than a grain of truth: while it does not appear verbatim in any of Aristotle's works, the proverb is a succinct paraphrase of a passage in the Nicomachean Ethics. Aristotle, discussing the Idea of Form of the universal Good, remarks that the inquiry "is made an uphill one by the fact that the Forms have been introduced by friends of our own. Yet it would perhaps be thought to be better, indeed to be our duty, for the sake of maintaining the truth even to destroy what touches us closely, especially as we are philosophers or lovers of wisdom; for while both are dear, piety requires us to honor truth above our friends.Aristotle is, in fact, indebted to Plato, the inventor of the Forms, for the idea expressed in that passage. In the Republic (X, 595) Plato has Socrates arguing that poetry is dangerous to the state, and remarking Although I have always from my earliest youth had an awe and love of Homer … for he is the great captain and teacher of the whole of that charming tragic company; but a man is not to be reverenced more than the truth, and therefore I will speak out. Again, in the Phaedo, Socrates says: This is the state of mind, Simmias and Cebes, in which I approach the argument. And I would ask you to be thinking of the truth and not of Socrates. But clearly we are far from having the sentiment compressed into an aphorism. …[33]See the rest of Guerlac's paper, summarized here, for the various medieval sources of the aphorism, its classical antecedents, and its appearances in the literature of the medieval period and subsequent ones.[1]              יבמות פ: – קשר[2]              שולחן ערוך אה"ע סימן ד' סעיף י"ד[3]              The degree of improbability is the matter of some dispute: see Ozar Ha'Poskim 7:46:1.[4]              בית הבחירה, יבמות דף פ' ע"ב ד"ה וגלגלו בה מעשה באשה שהלך בעלה למדית הים[5]              יוסף אומץ סימן צ"ד אות ג' – קשר[6]              7:43:4[7]              חלקת מחוקק שם ס"ק י[8]              בית שמואל שם ס"ק י"ז[9]              7:48:5-6.  See also the suggestion of Rav Meir Posner (published in Resp. Rabbi Akiva Eiger I:100, cited in Pis'he Teshuvah EH 11:11) that one can plead קים לי according to this view.[10]              אמרות טהורות חיצוניות ופנימיות (ירושלים תשסו), מילואים מאמר ו[11]              Notes 147 and 166.[12]              This description of the Mitpahas Sefarim is from the Jewish Encyclopedia entry on Rav Emden by Max Seligsohn and Solomon Schechter.[13]              Mitpahas Sefarim (Altona 1768), Part I Chapter 4 #24 – link.[14]              Tahafut Al Falasifah (Incoherence of the Philosophers) (Pakistan Philosophical Congress: 1963 – Lahore), translated by Sabih Ahmad Kamali, Preface Two, pp. 6-8, available here: (PDF).[15]              ibid. pp. 2-3.[16]              בנדפס "שהאוהב", והיא טעות מוחלטת, כמובן, וכמבואר במקור באל"גזלי כנ"ל. ונראה שנתחלף להמהדיר "אויב" ב "אוהב"[17]              עקידת יצחק, מבוא שערים בשם ד', עמודים י"ט: – כ. – קשר[18]              See the exegesis of Ibn Ezra, Commentary to Genesis, 9:14 – link, and Ramban, Commentary to Genesis, ibid.link, (a portion of which is cited by Rav Arama). It is ironic that Ramban is the one who is convinced here of the correctness of the naturalistic explanation of the Greek scholars, while Ibn Ezra, usually seen as the greater rationalist, hedges.  See also R. Pinhas Eliyahu Horowitz's discussion in his Sefer Ha'Bris (see below) Section I Essay 10 Chapter 12.[19]              עקידת יצחק, שער ארבעה עשר (פרשת נח), עמוד קכו: – קשר[20]              ספר הברית (ירושלים תש"ן) חלק א' מאמר ד' שני המאורות פרק י"ב ד"ה ואני ראיתי. דפוס ראשון (ברין תקנ"ז): קשר. הקטע בענין הויכוח עם "חינא" לא נמצא שם, וכנראה שהוא מההוספות במהדורה השניה.[21]              הקדמה לספר המאורות[22]              ספר הגלוי, הקדמה עמוד 2 – קשר[23]              שקל הקודש, #254 – קשר[24]              Translation of Professor Hermann Golancz – link.[25]              "A Note on Joseph Qimkhi's "Sefer Ha-Galuy"", The Jewish Quarterly Review, New Series, Vol. 85, No. 3/4 (Jan. – Apr., 1995), pp. 413-414 – link.[26]              See fn. 2, ibid.[27]              מדרש המליצה העברית – אמרי חכמה ואמרי אנשי, עמוד 18 – קשר[28]              שו"ת הרשב"א חלק א' סימן ט' – קשר. הרבה מתשובה זו מועתקת פה[29]              נשמת חיים מאמר שני ריש פרק י' – קשר[30]              שו"ת חות יאיר ריש סימן ט' –קשר[31]              תומת ישרים / אהלי תם – קשר[32]              ספר הברית שם מאמר ב' חוג שמים פרק ו' ד"ה ותמהני[33]              Henry Guerlac, "Amicus Plato and Other Friends", Journal of the History of Ideas, Vol. 39, No. 4 (Oct.-Dec., 1978), pp. 627-633 – link. I am indebted to Mississippi Fred Macdowell for providing me with a copy of the article.




More About Rashbam on Genesis Chapter 1 and Further Comments about ArtScroll

More About Rashbam on Genesis Chapter 1 and Further Comments about ArtScroll
By Marc B. Shapiro
I had thought that I was done with ArtScroll’s censorship of Rashbam to Genesis chapter 1, but a number of people wanted some explanation about the manuscript of Rashbam’s commentary. This will also give me the opportunity to add some more comments about this distressing episode.[1]
In my prior post on the topic, available here, I referred to Rabbenu Tam’s strong words against those who “corrected” the talmudic text based on their understanding. ArtScroll is guilty of violating Rabbenu Tam’s “command”, as he would certainly also apply his words to later generations tampering with the writings of rishonim. I think everyone can understand that if people were simply allowed to emend or delete texts based on their own understanding, not a single talmudic tractate or medieval work would emerge unscathed. As such, the only honest thing for an editor to do is to point out in a note how he feels the text should read, or if he thinks that a passage should be deleted. Unfortunately, ArtScroll did not choose this to follow this honest, and common sense, approach.
It is not just Rabbenu Tam who dealt with this matter. Nahmanides, in commentary to Bava Batra 134a, blasts those “sinners” those who emend texts based on their own understanding.
וזו עבירה גמורה ולייטי עלה רבנן כל מאן דמגיה ספרים מדעתא דנפשיה
R. Abraham ben David (Rabad) also leaves no doubt as to his position, stating that one who deletes a text based on his understanding, “his hand should be cut off, since one who deletes [sections of] books is like those who burn the Torah.”[2]
ויד המוחקת תיקצץ שמוחק הספרים כשורפי התורה
Following my posts R. Yitzchak Zilber published two pieces in Hebrew.

With regard to ArtScroll, the two pieces don’t really contain anything not mentioned already on this blog, but for those who don’t read English they are valuable. It is also good to see a noted talmid hakham express his feelings about what he terms ArtScroll’s “stupid act”. (I understand why documents like the ones published by Zilber, which are directed towards a certain population, cannot cite the Seforim Blog. Yet it is noteworthy that Uriel Simon’s book אזן מלין תבחן is cited, even if the author’s name is not mentioned). One significant point made by Zilber is his claim that ArtScroll knows the truth, namely, that the passages it chose to censor are not heretical insertions, but it chose to censor them anyway.
I have received emails that make the same point, that the censorship is all about “business”. In other words, the haredi world today does not want to see Rashbam’s peshat understanding of when the day begins, so the censorship is necessary in order for ArtScroll’s mikraot gedolot Chumash to sell. Based on what I have been told by people supposedly in the know, I am inclined to believe this. This is also an appealing explanation as it is much easier to accept than that anyone at ArtScroll really believes in the justification for its censorship that was sent out and which I discussed in the earlier post.
In my post I referred to additional authorities, other than Rashbam, who understood that according to the peshat the first chapter of Genesis teaches that the day begins in the morning.[3] I also mentioned those who believe that this was how things were before the giving of the Torah. R. Moshe Maimon called my attention to the fact that R. Saadiah Gaon also apparently held this view.[4] Here is R. Kafih’s edition of R. Saadiah, Perushei Rabbenu Sa’adiah Gaon al ha-Torah, p. 71. Look at chapter 10, note 4.

R. Ovadiah Yosef cites a number of additional sources that mention the notion that before the giving of the Torah night came after day.[5] One of these is R. Moses Sofer,[6] who not surprisingly quotes his teacher, R. Pinhas Horowitz, whose view on this matter I referred to in the prior post.[7] R. Meir Mazuz[8] notes that R. Reuven Margaliyot says the same thing.[9]
A number of people commented on how ironic it is that Ibn Ezra is being used as a source to determine what is heretical, being that his views on Mosaic authorship are themselves regarded by heretical by ArtScroll.[10] Furthermore, Ibn Ezra has no reticence in citing Karaite interpreters, yet as we know, ArtScroll only cites “accepted” authorities, and won’t even mention the Soncino commentary by name. Incidentally, there are some times when ArtScroll errs in this matter. For example, in its commentary to Jonah, p. 111, it cites “Yefes ben Ali” (who is quoted by Ibn Ezra). Presumably, the ArtScroll editor assumed that he was a rishon.[11] In truth, he was a Karaite, and his inclusion in the Jonah commentary is diametrically opposed to the standard set up by ArtScroll with regard to which commentators they will cite, a standard that opposes the Ibn Ezra-Maimonides approach (adopted by Soncino) of “accept the truth from whomever said it”.[12]
When it comes to Karaite influence on Ibn Ezra, R. Joseph Delmedigo goes so far as to say that most[!] of Ibn Ezra’s explanations come from the Karaites. Reflecting the fact that Ibn Ezra does sometimes strongly reject the Karaite interpretations, Delmedigo states that Ibn Ezra is like a baby who nurses from his mother [i.e., the Karaites] but sometimes also bites her breast.[13]
ודע כי בספרי הקראים תמצא באור לדברי הר”א”ב”ע[!] כי רוב באוריו מקדמוניהם כגון הר”ר ישועה והר”ר יפת והר”ר יהודה הפרסי דולה מושך גם כי לפעמים כיונק שדי אמו נושך
Philip Birnbaum writes:
Ibn Ezra cites Yefet more frequently than any other exegete. In his commentary on the Minor Prophets, Ibn Ezra quotes Yefet forty-four times whereas he mentions Sa’adyah Gaon only five times. . . . Ibn Ezra borrows from Yefet much more than he acknowledges.[14]
This connection of Ibn Ezra to Yefet even led to the creation of a false legend that Ibn Ezra was a student of Yefet.[15]
While Ibn Ezra often adopts the interpretations of Karaite commentators, he also blasts them when necessary. One such example is in his commentary to Deuteronomy 12:17 where he writes: “The heretics [Karaites] say that there are two sorts of first-born. One is the first to break out of its mother’s womb. The second is the first-born of the flock. There is no need to respond to their nonsense.”[16] It is noteworthy that the “nonsense” interpretation that Ibn Ezra refers to is indeed found in a few rishonim including Hizkuni and R. Jacob of Vienna.[17]
Let us now turn to the manuscript of Rashbam. The first thing to mention is that there is only one surviving manuscript page for Rashbam’s commentary to the beginning of Genesis. There used to be another manuscript that contained his commentary to the rest of the Torah but was missing the commentary to Genesis chapters 1-17. Unfortunately, this manuscript was lost during World War II. For such a great figure as Rashbam, it is definitely noteworthy that so few physical specimens of his Torah commentary survived until modern times.[18] What this tells us is that not many scribes were interested in copying the commentary, and I do not know why this was the case. In fact, it is not merely his commentary on the Torah that suffered this fate. While we have Rashbam’s commentaries to most of Bava Batra and the tenth chapter of Pesahim, we know that he also wrote commentaries to most of the other tractates, yet these are lost.[19] Is there any way to explain this?
Here is the manuscript of Rashbam to the beginning of Genesis.

 

It is found in the Bavarian Staatsbibliothek (Munich) and is referred to as Hebrew Manuscript no. 5 (2). Here is the link.
You can examine the entire manuscript here.
This manuscript of Rashbam is bound together with another manuscript from 1233 that contains the earliest example we have of Rashi’s commentary on the Torah. It is also the first illuminated Ashkenazic manuscript (with the illumination by a non-Jewish artist).[20] The copyist of the Rashi manuscript was not some anonymous person, but R. Solomon ben Samuel of Würzberg. R. Solomon was an outstanding student of R. Samuel he-Hasid and a colleague of R. Judah he-Hasid. He was also a student of R. Yehiel of Paris, and R. Solomon’s son was one of the participants in the 1240 Paris Disputation together with R. Yehiel. R. Solomon wrote Torah works of his own and he may be identical with R. Solomon ben Samuel, the author of the piyyut ישמיענו סלחתי that is recited in Yom Kippur Neilah.[21] ArtScroll, in its Yom Kippur Machzor, p. 746, tells us that ישמיענו סלחתי was written by “R’ Shlomo ben Shmuel of the thirteenth-century.”[22]
It is significant that in this early copy of Rashi’s commentary, whose copyist was himself a Torah great, Rashi’s comment to Genesis 18:22 appears in its entirety.[23] In this comment, Rashi refers to one of the tikun soferim and states that the Sages “reversed” the passage. What this means is that Rashi understood tikun soferim literally. Some have claimed that Rashi could never have said this, and it must be a heretical insertion. (There is always someone who says this about texts that depart from the conventional view.) In line with this approach, ArtScroll deleted this comment of Rashi.[24] As we have seen with the passages of Rashbam that were censored, in this case as well ArtScroll would also no doubt claim that it accepts the view of those who do not regard the deleted comment as authentic. Yet how can such a claim be taken seriously when the earliest manuscript of Rashi’s commentary, dating from the early thirteenth century and copied by R. Solomon ben Samuel, contains the passage?
Returning to Rashbam, I have the following question. Just like there is only one manuscript for his commentary to Genesis chapter 1, for the rest of the commentary on the Torah there was also only one manuscript and we don’t know anything about the copyist. Why don’t ArtScroll and the other censors start deleting the many other “problematic” passages in Rashbam, with the excuse that they are heretical insertions? Why only focus on the commentary to Genesis chapter 1?
I must also note that Rashbam himself, in his introductory words to parashat Mishpatim, refers to his commentary at the beginning of Genesis. Rashbam explains that the point of his commentary is not to explain the halakhah but rather the peshat, “as I have explained in Bereishit.” Where does he explain this in his commentary to Genesis? As Rosin points out in his note, Rashbam discusses this matter at the beginning of his commentary to parashat Va-Yeshev, and also at the beginning of his commentary to parashat Bereshit (which is from the supposedly questionable manuscript).
In my opinion, there is no doubt that in parashat Mishpatim Rashbam had the commentary to parashat Bereishit in mind. You can see this by comparing his words. In his commentary to parashat Mishpatim he writes:
ידעו ויבינו יודעי שכל כי לא באתי לפרש הלכות אע”פ שהם עיקר כמו שפירשתי בבראשית כי מיתור המקראות נשמעין ההגדות וההלכות.
At the beginning of parashat Bereishit he writes:
ועיקר ההלכות והדרשות יוצאין מיתור המקראות
Please look at what I have underlined and compare it to the passage I cited from the commentary to parashat Bereshit.
There are a number of other parallels between what Rashbam states in his commentary to Genesis chapter 1 and what appears elsewhere in his Torah commentary, meaning that it is impossible for one to argue that the commentary on the first chapter of Genesis is of uncertain authorship.[25]
I must also mention that Hizkuni, in his commentary to Genesis chapter 1, incorporates a number of Rashbam’s comments (without mentioning him by name). A list of these was compiled by  אריסמנדי on the Otzar ha-Hokhmah forum. [26] He concludes:
יש לנו להצטער ולמחות על כי שלטו ידי זרים בחיבורי הראשונים, ולתבוע מההוצאות השונות שידפיסו את פירוש רשב”ם בשלמות האפשרית, ואל יהינו לשלוח יד בו. וכשם שלא יעלה על דעת מאן דהוא לצנזר מפירוש ראב”ע את הקטעים שיצאו עליהם מתנגדים, וכיו”ב במשנה תורה להרמב”ם ושאר חיבורי רבותינו ז”ל. הכי לצנזורים הערלים והמשומדים יאמרו להידמות?
In all the correspondence I have had about this matter, which includes people in various haredi communities, no one has disagreed with this last paragraph. In other words, no one has expressed any support for ArtScroll’s censorship of Rashbam, and the reason is obvious. This is not a matter of ideological or scholarly disagreement. It has nothing to do with haredi vs. Religious Zionist. It is about basic scholarly integrity as well as respect for Rashbam and his readers. This is something scholars of all persuasions can agree on.
One final point regarding Rashbam: In my post here I referred to Rashbam’s famous words in his commentary to Gen. 37:2 that he heard from his grandfather that if he had time he would write new commentaries focused on the peshat. Later in his commentary to this verse, he cites an explanation which appears in Rashi (without mentioning him by name) and refers to this explanation as הבל הוא. In a recent article,[27] R. Meir Mazuz refers to this comment and notes that it is not merely Rashbam who, when it came to Torah matters, was not afraid to strongly reject his grandfather’s position. Rashbam’s brother, Rabbenu Tam, also had this approach.
הלא זה האיש שפסל כל התפלין של חכמי דורו (ובכללם של מר זקנו זצ”ל רבן של ישראל) ועשה אותם כקרקפתא דלא מנח תפלין ח”ו . . . וכן פסק ר”ת שכל המאכיל אונה סרוכה באומא מאכיל טריפות לישראל (תוס’ חולין דף מ”ז ע”א) בניגוד לדעת רש”י שמתיר (שם דף מ”ו סע”ב). וכן חידש לברך על תש”ר על מצות תפלין, בניגוד לרש”י והרי”ף והרמב”ם.
This will be my last post dealing with ArtScroll and Rashbam unless new information comes to light. I have made my position very clear and there is no need to go over this matter again and again. The important thing is that people not forget that ArtScroll’s new mikraot gedolot Chumash is a censored work.
By now no one is surprised that ArtScroll engages in censorship. This has been their modus operandi from the beginning. But is there more, that is, does ArtScroll also publish things that it knows are incorrect? This is a more difficult question to answer. In Changing the Immutable, p. 41, I cite an example where I am pretty sure that this is the case, since the alternative would be to assume ignorance of a pretty basic fact of which I am certain the learned folks at ArtScroll are well aware. Yet aside from a few such cases, which relate to Jewish-Gentile relations, I don’t know of any evidence that ArtScroll intentionally misinterprets sources. Contrary to what some others think, I assume that if there is a misinterpretation it is simply an error, which all people are liable to make. I admit, however, that I am not sure what to make of the following example (called to my attention by R. Yonason Rosman).
The following is ArtScroll’s commentary to Deut. 29:9, in which it quotes Or ha-Hayyim:
Moses divided the people into categories to suggest that everyone is responsible according to how many others he or she can influence. Leaders may be able to affect masses of people; women, their immediate families and neighbors; children, only a few friends and classmates; common laborers, hardly anyone. God does not demand more than is possible, but He is not satisfied with less (Or HaChaim).
This is a very nice thought, but does Or ha-Hayyim actually say this? Here is Or ha-Hayyim on the verse.
As you can see, Or ha-Hayyim does not say that everyone is responsible according to how many he or she can influence. He specifically states that children are not responsible for others since אינם בני דעה. He then adds that women are like children in this respect (i.e., not responsible for others; he is not including them as אינם בני דעה).[28] Thus, ArtScroll’s presentation of Or ha-Hayyim’s view with regard to children and women is actually the exact opposite of what he really says. Was this an intentional distortion in the name of political correctness or a simple misunderstanding? Does ArtScroll view itself, in darshanut-like fashion, as able to elaborate on and alter the message of the commentaries it quotes, so that when it indicates that an interpretation comes from Or ha-Hayyim (or any other source) it could also mean “based on Or ha-Hayyim”? If the latter is true, one must wonder why there is no indication of this in the preface to the Stone Chumash.
To be continued
* * * *
By now many people have read my new book and I have received lots of comments and additional sources. I will discuss some of them in future posts.Although I read the book over a number of times before publication and sat shiv’ah neki’im over every sentence, I knew that there would be some errors that got through. I have learnt that absolute perfection is simply unattainable. However, we are fortunate today that errors can be quickly corrected and the corrections publicized very widely through this blog. Those who have the book can simply insert the corrections. When the book is reprinted the corrections will be added as well.

P. 17. I refer to R. Eliezer David Gruenwald. This should be R. Judah Gruenwald (1845-1920). Thanks to Yisroel Rottenberg for catching this mistake.
P. 21. I discuss the concept of halakhah ve-ein morin ken. Shortly before the book went to press, I added a comment to note 74 in which I stated that Mishnah Berakhot 1:1 contains an example where the Sages did not reveal the true halakhah in order to keep people from transgression. This is a mistake and I thank R. Yonason Rosman for the correction. The Sages made a decree to keep people from transgression. Once this was done we are dealing with a actual rabbinic law so it has no connection to halakhah ve-ein morin ken. Furthermore, since it was a rabbinic decree binding on all there is no reason to think that the Sages were concerned that the masses not know that the biblical law allowed for more flexibility. (We do find such a concern in more recent rabbinic literature, as I discuss in the book.)
P. 55. I refer to an article by Jacob J. Schacter on the 93 Beth Jacob girls. I know this article well and I can’t explain how it is that I recorded the co-author of the article as Norma Baumel Joseph. The co-author is actually Judith Tydor Baumel.P. 205 n. 71. I refer to Teherani, Amudei Mishpat, vol. 1, pp. 147ff. This is the second pagination in the volume.

P. 225. I wrote that R. Naftali Zvi Judah Berlin stated that R. Shneur Zalman of Lyady’s arguments were only intended to intimidate the scholarly reader. R. Yonason Rosman pointed out that my language here is not precise. What the Netziv says is not that R. Shneur Zalman’s arguments were intended to intimidate the scholarly reader, but rather his statement that he has many arguments was for intimidation.
P. 259 n. 100 refers to volume 14 of R. Wosner’s Shevet ha-Levi. This should be volume 11.And while we are talking about typos, this is a good opportunity to correct an unfortunate error that appeared in the first printing of Studies in Maimonides and His Interpreters, p. 152, right at the end. The first word from the verse from Hosea that I quote is מחמד, not מחמר. If this mistake is found in your copy of the book, please correct it.

_______________

[1] In my post here I mentioned that the Lubavitcher Rebbe referred to Rashbam’s peshat interpretation that the day begins in the morning, the interpretation that was censored by ArtScroll. My reference was to a talk the Rebbe gave, and R. Avrohom Bergstein and others called my attention to the fact that in a letter the Rebbe also referred to this peshat interpretation of Rashbam. See Iggerot Kodesh, vol. 24, no. 934, also found in Likutei Sihot, vol. 15, p. 493.
[2] This passage is quoted from the manuscript by R. Menahem Lonzano. See Jordan S. Penkower, Masorah and Text Criticism in the Early Modern Mediterranean (Jerusalem, 2014), p. 118. Lonzano also refers to Nahmanides’ comment that I quoted.
[3] In this listing I included R. Ezekiel Landau. A Lakewood scholar properly corrected me as R. Landau is only referring to the fact that when it comes to kodashim night goes after day.
[4] R. Moshe Maimon also called my attention to the following: In my post here I discussed R. Dovid Cohen’s book, Ha-Emunah ha-Ne’emanah (Brooklyn, 2012). Among other things, I wrote:
One more point about R. Cohen’s book is that it is obvious that at times he is responding to what I wrote in The Limits of Orthodox Theology (and he also makes use of many of the sources I cite). While I am not mentioned by name (no surprise there) I am apparently included among the משמאילים referred to on p. 5 (see Limits, pp. 7-8).
R. Cohen has recently published the seventh volume of his book of questions, Ve-Im Tomar. Look at page 14, no. 216.

 

Now look at the source for this question provided by R. Cohen.
The question R. Cohen refers to comes from Limits, p. 7 (although I ask why Maimonides does not mention anything about teaching a prospective convert the Thirteen Principles. I don’t ask this question about talmudic sages.). Although I was not mentioned by name in Ha-Emunah ha-Ne’emanah, I am certainly honored to be cited in Ve-Im Tomar.

Since I mention R. Cohen, here is a page from his Ohel David, vol. 3, p. 36.

In his commentary to 1 Kings 7:23 he quotes the verse as follows:

ויעש את הים מוצק עשר באמה משפתו על שפתו
The words I have underlined caught my eye because the verse actually states משפתו עד שפתו. I assume that what appears in R. Cohen’s book is a typo as I haven’t seen any editions of Tanach that contain this error. However, this verse is also part of the Sephardic Haftarah for parashat Va-Yakhel, and believe it or not there are chumashim that do make this mistake. Here, for example, is a page from a popular tikkun kor’im. Look at the last words on the page and you will see the mistaken text.

[5] See She’elot u-Teshuvot Hazon Ovadiah, vol. 1, p. 5.
[6] See Torat Moshe, vol. 3, p. 18b and Derashot Hatam Sofer, vol. 2, p. 231b.
[7] It has already been pointed out that while the yeshiva pronuncation of R. Horowitz’s book המקנה is Ha-Makneh, from Jeremiah ch. 32 we see that it should really be pronounced Ha-Miknah. R. Horowitz’s most famous work is הפלאה. This is an abbreviation of הקטן פינחס הלוי איש הורויץ. The spelling I have given of R. Horowitz’s last name is how he himself spelled it. Here is the title page of his Sefer Ketubah, the first part of his Hafla’ah, published in 1787.

[8] Or Torah, Sivan 5775, p. 945.
[9] Nitzotzei Or, Berakhot 4a.
[10] It is also ironic that in R. Moshe Feinstein’s condemnation of the publication of the commentary of R. Judah he-Hasid, he cites Ibn Ezra’s attack on Yitzhaki for the latter’s own “biblical criticism.” See Iggerot Moshe, Yoreh Deah, vol. 3, no. 114.
[11] This example was earlier noted by B. Barry Levy, “Our Torah, Your Torah and Their Torah: An Evaluation of the Artscroll Phenomenon,” in Howard Joseph, et al., eds., Truth and Compassion: Essays in Judaism and religion in Memory of Rabbi Dr. Solomon Frank (Waterloo, Canada, 1983),  p. 147.
[12] I was quite surprised to find that R. Moses Teitelbaum, Yismah Moshe: Shemot, p. 177b, comes off sounding just like Soncino rather than ArtScroll, in defending citation of Karaite interpreters.
הנה אנכי שולח מלאך ע’ באברבנאל שכתב בשם חכמי הקראים כי זה נאמר על יהושע, והנה האומר דבר חכמה אף באוה”ע חכם נקרא, ובאמת שהם גרועים כי הם מינים ואפיקרוסים, מ”מ את הטוב נקבל כי כמה מפרשים הלכו בדרך הזה שהנביא נקרא מלאך
Regarding the Karaites, even though they are to be viewed as heretics, and a Sefer Torah written by a min is to be burnt, R. David Ibn Zimra stated that if one of the Karaites writes a Sefer Torah it is not to be burnt.  Rather, it is to be placed in genizah. The reason for this is that the Karaites believe in the written Torah. See She’elot u-Teshuvot ha-Radbaz, vol. 2, no. 774.
R. Ishtori ha-Parchi, Kaftor va-Ferah, ch. 5 (pp. 76-77 in the Beit ha-Midrash le-Halakhah be-Hityashvut edition) thinks that such a Sefer Torah does not need to be put away, even though one cannot publicly read from it since the letters of God’s name were not written with the proper intention and other rabbinic requirements were not fulfilled. But the Sefer Torah is not pasul simply because of who wrote it. He also mentions the beautiful Bibles produced by Karaites in the Land of Israel. (When he says “Sadducee” he means Karaite.)
מזה נראה שהצדוקי אם כתב ספר תורה שלא יהיה פסול ואע”פ שיקרא מין אינו ממין זה המין שעובד ע”ז . . . והנה תמצא עמנו היום בארץ הצבי הרבה צדוקים סופרים והרבה ספרים נאים מכתיבתם בתורה נביאים וכתובים. ועל ספר תורה מסתברא שבמה שאינו ניכר שאין ראוי לסמוך עליהם כבעבוד לשמה וכתיבת אזכרות לשמן ותפירת היריעות בגידי טהורה.
See R. Yitzhak Ratsaby, ed., Shemot Kodesh ve-Hol (Bnei Brak, 1987), pp. 5-6. See also the important comments of R. David Zvi Rotstein, “Sefer Torah Menukad,” in Ohel Sarah-Leah (Jerusalem, 1999), pp. 673ff. (Rotstein thinks that when Masekhet Soferim refers to “Sadducees” it too means Karaites.)
R. Naftali Zvi Judah Berlin, Meshiv Davar, vol. 2, no. 77, states that it is permissible to write a Sefer Torah for Karaites if they will treat it with respect. For more discussion regarding this matter, see R. Hayyim Hezekiah Medini, Sedei Hemed, vol. 9, Divrei Hakhamim no. 135.
[13] See his letter published in Abraham Geiger, Melo Chofnajim (Berlin, 1840), p. 20 (Hebrew section). See also שפ”ר in Ha-Magid, Sep. 7, 1864, p. 279, arguing that this letter was not written by Delmedigo.
[14]  The Arabic Commentary of Yefet Ben ‘Ali the Karaite on the Book of Hosea (Philadelphia, 1942), pp. xliii-xliv. See Michael Wechsler, The Arabic Translation and Commentary of Yefet ben Eli the Karaite on the Book of Esther (Leiden, 2008), p. 72, who characterizes Ibn Ezra as “the greatest single mediator of Yefet’s exegesis (and hence of Karaite exegesis generally) among the Rabbanites.”
[15] See Avraham Lipshitz, Pirkei Iyun be-Mishnat ha-Rav Avraham Ibn Ezra (Jerusalem, 1982), p. 192.
[16] I have used the translation of H. Norman Strickman and Arthur M. Silver.
[17] See R. Kasher, Torah Shelemah, vol. 12, pp. 192-193. R. Kasher writes:
ויש להתפלא איך שיטה זו נכנסה גם לפירושי הראשונים ולא ידעו שיסודה ממקור זר
At first I wondered why R. Kasher thought that the origin of this interpretation is with the Karaites. Why not posit that a Rabbanite peshat interpeter could independently arrive at the same conclusion as that offered by the Karaites? I later found that R. Kasher himself, Torah Shelemah vol. 17, p. 311, offers this exact same approach:
 וצ”ל שכתבו כן בדרך פירוש בפשטא דקרא
Daniel Sperber, Minhagei Yisrael, vol. 1, p. 151 n. 8, assumes that the interpretation indeed originates with the Karaites. Regarding the Karaite understanding, see Torah Shelemah, vol. 27, p. 210. See also my post here where I refer to R. Moshe Feinstein’s attack on a “heretical” interpretation that is also found in a number of rishonim.
[18] Additional pieces from Rashbam were published by Moshe Sokolow, “Ha-Peshatot ha-Mithadshim”: Ketaim Hadashim mi-Perush ha-Torah le-Rashbam – Ketav Yad,” Alei Sefer 11 (1984), pp. 73-80  Jonathan Jacobs argues that these are not part of Rashbam’s Torah commentary but from a polemical letter Rashbam sent to a student. See “Rashbam’s Major Principles of Interpretation as Deduced from a Manuscript Fragment Discovered in 1984” REJ 170 (2011), pp. 443-463. For more comments of Rashbam found in another manuscript, see Elazar Touitou, “Ha-Peshatot ha-Mithadshim be-Khol Yom: Iyunim be-Ferusho shel ha-Rashbam la-Torah (Ramat Gan, 2003), pp. 189ff.
[19] See Israel Moshe Ta-Shma, Ha-Sifrut ha-Parshanit la-Talmud be-Eiropah u-vi-Tzefon Afrikah (Jerusalem, 1999), vol. 1, p. 58.
[20] See Eva Frojimovic, “Jewish Scribes and Christian Illuminators: Interstitial Encounters and Cultural Negotiation,” in Katrin Kogman-Appel and Mati Meyer, eds. Between Judaism and Christianity: Art Historical Essays in Honor of Elisheva (Elisabeth) Revel Neher (Leiden, 2009),  pp. 281-305; Hanna Liss, Creating Fictional Worlds: Peshat Exegesis and Narrativity in Rashbam’s Commentary on the Torah (Leiden, 2011), p. 45 n. 32; Colette Sirat, Hebrew Manuscripts of the Middle Ages, ed. and trans. Nicholas De Lange (Cambridge, 2002), p. 170. Sirat gives the date of the manuscript as 1232. In truth, we can’t be sure if it is 1232 or 1233 as the colophon only gives the Hebrew date 4993, but convention in such cases to give the later date. See the transcription in Frojimovic ,“Jewish Scribes,” p. 301.
[21] See R. Moshe David Chechik, “Inyanei Aseret ha-Dibrot ve-Ta’amei Rut le-Rabbenu Shlomo mi-Würzberg,” Mi-Shulhan ha-Melakhim 4 (2006), p. 5. R. Yaakov Yisrael Stal hopes to soon publish one of R. Solomon’s works. See Sodei Humash u-She’ar mi-Talmidei Rabbenu Yehudah he-Hasid, ed. Stal (Jerusalem, 1999), p. 17 n. 115.
[22] Leopold Zunz, Literaturgeschichte des synagogalen Poesie (Berlin, 1865). p. 287, does not think that the two R. Solomon ben Samuels are identical. He assumes that the author of the piyyut pre-dates the 13th century R. Solomon ben Samuel we are discussing.
[23] See here.
[24] See Changing the Immutable, p. 44.
[25] See the post of מה שנכון נכון here.
[26] See here.
[27] Or Torah, Elul 5774, pp. 1199-1200.
[28] See R. Yaakov Hayyim Sofer, Edut be-Yaakov (Jerusalem, 2011), vol. 2, p. 164.



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.



Marc B. Shapiro – Responses to Comments and Elaborations of Previous Posts III

Responses to Comments and Elaborations of Previous Posts III
by Marc B. Shapiro

This post is dedicated to the memory of Rabbi Chaim Flom, late rosh yeshiva of Yeshivat Ohr David in Jerusalem. I first met Rabbi Flom thirty years ago when he became my teacher at the Hebrew Youth Academy of Essex County (now known as the Joseph Kushner Hebrew Academy; unfortunately, another one of my teachers from those years also passed away much too young, Rabbi Yaakov Appel). When he first started teaching he was known as Mr. Flom, because he hadn’t yet received semikhah (Actually, he had some sort of semikhah but he told me that he didn’t think it was adequate to be called “Rabbi” by the students.) He was only at the school a couple of years and then decided to move to Israel to open his yeshiva. I still remember his first parlor meeting which was held at my house. Rabbi Flom was a very special man. Just to give some idea of this, ten years after leaving the United States he was still in touch with many of the students and even attended our weddings. He would always call me when he came to the U.S. and was genuinely interested to hear about my family and what I was working on. He will be greatly missed.
1. In a previous post I showed a picture of the hashgachah given by the OU to toilet bowl cleaner. This led to much discussion, and as I indicated, at a future time I hope to say more about the kashrut industry from a historical perspective.[1] I have to thank Stanley Emerson who sent me the following picture.
It is toilet bowl cleaner in Israel that also has a hashgachah. Until Stanley called my attention to this, I was bothered that the kashrut standards in the U.S. had surpassed those of Israel. I am happy to see that this is not the case. (In fact, only in Israel can one buy a package of lettuce with no less than six (!) different hashgachot. See here)
But in all seriousness, I think we must all be happy at the high level of kashrut standards provided by the OU and the other organizations. This, of course, doesn’t mean that we have to be happy with what has been going on at Agriprocessors. I realize that this is a huge contract, but it was very disappointing to see that the first response of the OU to the numerous Agriprocessors scandals, beginning with the PETA video, has been to circle the wagons and put out the spin. Any changes from the OU only came after public outrage, and if the hashgachah is eventually removed from Agriprocessors, it will once again be due to this outrage. To be sure, we no longer can imagine cases of meat producers locking the mashgiach in the freezer,[2] but it does seem that the company was being given pretty free reign in areas where the hashgachah could have been using more of its influence. (Let’s not forget that Agriprocessors needs the OU more than the reverse.) At the very least, we need some competition in the glatt kosher meat business. Agriprocessors has a near monopoly and as we all know, competition is what forces businesses to operate at a higher standard.
In fact, the entire glatt kosher “standard” should be done away with and turned into an option for those who wish to be stringent. This has recently been tried in Los Angeles, with the support of local rabbis, but I don’t know how successful it has been. The only way this can happen on a large scale is if the OU once again starts certifying non-glatt. The masses have been so brainwashed in the last twenty years that they will not eat regular kosher unless it has an OU hashgachah. There is no good reason – there are reasons, but they aren’t good – why the OU does not certify non-glatt. As is the case with the Chief Rabbinate in Israel, the OU should certify both mehadrin (glatt) and non-mehadrin.
It might be that people in Teaneck and the Five Towns don’t feel the bad economic times. Yet there are many people who are having difficulty making ends meet. It is simply not fair to create a system where people are being forced to pay more money for meat than they should have to. The biggest problem Orthodoxy faces, and the factor that makes it an impossible lifestyle for many who would otherwise be drawn to it, is the enormous costs entailed. Anything we can do to lower this burden, even if it is only a couple of hundred dollars a year–obviously significantly more for communal institutions–should be done.
Returning to Agriprocessors, while the current issue focuses on the treatment of workers, the problem of a couple of years ago focused on the treatment of animals. Yet the two should not necessarily be seen as so far apart. According to R. Joseph Ibn Caspi (Mishneh Kesef [Pressburg, 1905], vol. 1, p. 36), the reason the Torah forbids inflicting pain on animals is “because we humans are very close to them and we both have one father”! This outlook is surprising enough (and very un-Maimonidean), but then he continues with the following incredible statement: “We and the vegetables, such as the cabbage and the horseradish, are brothers, with one father”! He ties this in with the command not to cut down a fruit tree (Deut. 20:19), which is followed by the words כי האדם עץ השדה. This is usually understood as a question: “for is the tree of the field man [that it should be besieged of thee?] Yet Caspi understands it as a statement, and adds the following, which together with what I have already quoted from him will make the Jewish eco-crowd very happy.
כי האדם עץ השדה (דברים כ’ י”ט), כלומר שהאדם הוא עץ השדה שהוא מין אחד מסוג הצמח כאמרו כל הבשר חציר (ישעיה מ’ ו’) ואמרו רז”ל בני אדם כעשבי השדה (עירובין נד ע”א)
Finally, in Rabbi Shmuel Herzfeld’s op-ed on Agriprocessors in the New York Times (see here) he wrote as follows: “Yisroel Salanter, the great 19th-century rabbi, is famously believed to have refused to certify a matzo factory as kosher on the grounds that the workers were being treated unfairly.” Herzfeld was attacked by people who claimed that there is no historical source to justify this statement. While the story has been garbled a bit, the substance indeed has a source. I refer to Dov Katz, Tenuat ha-Mussar, vol. 1, p. 358. Here R. Yisrael Salanter is quoted as saying that when it comes to the production of matzah, one must not only be concerned with the halakhot of Pesah, but also with the halakhot of Hoshen Mishpat, i.e., that one must have concern for the well-being of the woman making the matzah.
אין כשרות המצות שלמה בהידוריהן שבהלכות פסח לבד, כי אם עם דקדוקיהן גם בדיני חשן משפט
2. In my previous post I wrote: “With regard to false ascription of critical views vis-à-vis the Torah’s authorship, I should also mention that Abarbanel, Commentary to Numbers 21:1, accuses both Ibn Ezra and Nahmanides of believing that the beginning verses of this chapter are post-Mosaic. Yet Abarbanel must have been citing from memory, since neither of them say this. In fact, Ibn Ezra specifically rejects the notion that the verses were written by Joshua.” I made a similar point in Limits of Orthodox Theology, p.106 n. 102.
I looked at Abarbanel again and would like to revise what I wrote. I don’t think it is correct to say that Abarbanel was citing from memory, since he quotes Nahmanides’ words. With regard to Ibn Ezra, I now assume that Abarbanel thinks Ibn Ezra is being coy. In other words, although Ibn Ezra cites a view held by “many” that Joshua wrote the beginning of Numbers 21, and then goes on to reject this view, Abarbanel doesn’t trust Ibn Ezra. He thinks that Ibn Ezra really accepts the “critical” view. I see absolutely no evidence for this. Ibn Ezra has ways to hint to us when he favors a critical view, and he never does so with this section. Furthermore, I am aware of no evidence that the “many” who hold the critical view are Karaites, as is alleged by Abarbanel.
What led Abarbanel to accuse Nahmanides of following Ibn Ezra in asserting that there are post-Mosaic verses in Numbers 21? As with Ibn Ezra, Abarbanel sees Nahmanides as hiding his critical view and only hinting to it. Numbers 21:3 reads: “And the Lord hearkened to the voice of Israel, and delivered up the Canaanites; and they utterly destroyed them and their cities; and the name of the place was called Hormah.” Yet as Nahmanides notes, it is in Judges 1:17 that we see the destruction of the Canaanites and the naming of the city Hormah. How, then, can the city be called Hormah in Deuteronomy when it won’t be conquered and named for many years?
Nahmanides writes that the Torah here is relating “that Israel also laid their cities waste when they came into the land of Canaan, after the death of Joshua, in order to fulfill the vow which they had made, and they called the name of the cities Hormah.” In other words, the Torah is describing an event, including the naming of a place, which will only take place a number of years later. This event is described in the book of Judges. The verse in Numbers is written in the past tense, which would seem to render Nahmanides’ understanding problematic. Yet as Chavel points out in his notes to his English edition, this does not concern Nahmanides. “Since there is no difference in time for God, it is written in the past tense, for past, present, and future are all the same to Him.”
This is certainly true with regard to God, but what about the Children of Israel? How are they supposed to read a section of the Torah that speaks about an event as having happened in the past but which in reality has not yet even taken place? These are problems that the traditional commentators deal with, but Abarbanel sees Nahmanides as departing from tradition and offering a heretical interpretation. He is led to this assumption because Nahmanides uses the ambiguous words “Scripture continued” and “Scripture, however, completed the account.” Why didn’t Nahmanides say that Moses wrote this? It must be, according to Abarbanel, that Nahmanides is hinting that this was written down after Moses’ death. In Abarbanel’s words:
כי הרב כסתה כלימה פניו לכתוב שיהושע כתב זה. והניח הדבר בסתם שהכתוב השלימו אבל לא זכר מי היה הכותב כיון שלא היה משה עליו השלום והדעת הזה בכללו לקחהו הראב”ע מדברי הקראים שבפירושי התורה אשר להם נמנו וגמרו שלא כתב זה מזה והרמב”ן נטה אחרי הראב”ע והתימה משלימות תורתו וקדושתו שיצא מפיו שיש בתורה דבר שלא כתב משה. והם אם כן בכלל כי דבר ה’ בזה.
From here, let me return for the third time to what some would see as an aspect of biblical criticism in Radak. To recap, in his commentary to I Sam. 4:1 Radak writes:
על האבן העזר: כמו הארון הברי’ והכותב אמר זה כי כשהיתה זאת המלחמה אבן נגף היתה ולא אבן עזר ועדיין לא נקראה אבן העזר כי על המלחמה האחרת שעשה שמואל עם פלשתים בין המצפה ובין השן שקרא אותה שמואל אבן העזר שעזרם האל יתברך באותה מלחמה אבל מה שנכתב הנה אבן העזר דברי הסופר הם וכן וירדף עד דן.
Dr. H. Norman Strickman convinced me that Radak means that the words “and pursued as far as Dan” are a later insertion, since the city was only named Dan after it was conquered in the days of Joshua (Joshua 19:47). In a comment to the post, Benny wrote:
There is no reason to assume that Radak is not referring to Moses prophetically writing the word Dan. It just means that in the time that the story took place, the name was not Dan. . . . I think that it is definitely possible that Radak understood that Moshe is the one who wrote “Et HaGilad Ad Dan”.
Dr. Yitzchak Berger wrote to me as follows:
I think the commenter ‘Benny’ was right about Radak’s view of Gen. 14:14. At I Sam 4:1 he’s probably merely contrasting the author-narrator’s [i.e. “sofer’s”–MS] perspective with that of the players in the story, concerning the phrases in both Samuel and Genesis (in the case in Samuel there would be no reason for him to introduce a later editor).”
As is often the case in these sorts of disputes, I find myself being moved by the last argument I hear. As I noted in the earlier post, Radak elsewhere insists on complete Mosaic authorship of the Pentateuch. Thus, it is certainly easier to read this text in a way that would not create a contradiction.
While on the subject of Mosaic authorship, let me also add the following. David Singer recently wrote an interesting article on Rabbi Emanuel Rackman.[3] With the recent passing of Rabbi Moses Mescheloff,[4] Rackman, born in 1910, might be the oldest living musmach of RIETS. If this is so, don’t expect this to be acknowledged in any way by the powers at YU.[5] The ideological winds have blown rightward in the last thirty years, and Rackman has moved leftward. He is thus no longer regarded as representative of RIETS or worthy of any acknowledgment.[6]

A similar thing happened at Hebrew Theological College in Skokie. Rabbi Eliezer Berkovits (died 1992) was, in my opinion, the most significant and influential person ever to teach on its faculty. (Unfortunately, they didn’t let him teach Talmud, only philosophy.) Yet not only does HTC currently have no interest in recognizing him, in 2001, some eighteen years (!) after the appearance of Not in Heaven, a very negative review appeared in the Academic Journal of Hebrew Theological College.[7] To show how insignificant Berkovits is in Skokie, neither the author, Rabbi Chaim Twerski, nor any of the editors, realized that his last name is not spelled Berkowitz! Were he alive today, can anyone imagine that HTC would allow him to speak? (It would be interesting to create a list of people who founded or taught at institutions and today would be persona non grata there. A few come to mind, and for now let me just mention R. Zev Gold, the outstanding Mizrachi leader who was one of the founders, and first president, of Yeshiva Torah Vodaas. Gold, who was also a rabbi in Scranton, was one of the signers of Israel’s declaration of independence.[8])
Some people pointed out that in Twerski’s negative review, Berkovits is never even referred to as Rabbi, only as Dr. (A cynic might add that in his zeal to use the title “Dr.” instead of “Rabbi” for those he doesn’t approve of, Twerski even gives R. Judah Leib Maimon a doctorate, referring to him as Dr. Maimon.) In the following issue, Twerski apologizes for any disrespect, noting that while some people took offense at how he referred to Berkovits, others “who know [!] him well have told me that he always preferred to be addressed as ‘Dr. Berkovits.'” I think this is a fair response. After all, would anyone criticize an author for referring to “Dr. Lamm”? Yet I must also say that someone reading the article will not learn that Berkovits was a great talmudic scholar, and I don’t even know if Twerski recognizes this.
Returning to Singer, in his article he writes that Rackman accepted the Documentary Hypothesis. I discussed this issue with Rackman some years ago and this is definitely not what he told me. The most he would say was that he would not regard someone as a heretic if he accepted biblical criticism. Yet he personally was not a believer in the theory. In support of Singer’s assertion to the contrary, he quotes the following passage from Rackman: “The most definitive record of God’s encounters with man is contained in the Pentateuch. Much of it may have been written by people in different times, but at one point in history God not only made the people of Israel aware of his immediacy, but caused Moses to write the eternal evidence of the covenant between Him and His people.” He also quotes another statement by Rackman: “[T]he sanctity of the Pentateuch does not derive from God’s authorship of all of it, but rather from the fact that God’s is the final version. The final writing by Moses has the stamp of divinity – the kiss of immortality.”
Singer misunderstands Rackman. There is no Higher Criticism here, no Documentary Hypothesis. What Rackman is saying is that the stories in the Pentateuch might have been recorded by various people before Moses, but that these stories were later included in the Torah at God’s command, with Moses being the final author. In both of these passages Rackman is explicit that the Torah was written by Moses. Rackman’s position in these quotations is very traditional, asserting that all that appears in the Torah is Mosaic. With this conception it doesn’t matter if, for example, the stories of Noah or the Patriarchs had earlier written versions passed down among the Israelites, since what makes them holy and part of the Torah is God’s command to Moses that they be included in the Holy Book. This was done by Moses’ “final writing.” I can’t see anyone, even the most traditional, finding a problem in this.
While on the subject of Rackman, let me make a bibliographical point. R. Moshe Feinstein, Iggerot Moshe, Yoreh Deah IV, no. 50:2 refers to:
המאמרים של רב אחד שמחשבים אותו לרב ארטאדקאקסי שנדפסו בעיתון שבשפת אנגלית . . . והנה ראינו שכולם דברי כפירה בתורה שבעל פה המסורה לנו.
R. Moshe goes on to further attack the heresy of this unnamed rabbi, who is none other than Rackman. This can be seen by examining Ha-Pardes, May 1973, p. 7, where R. Moshe’s letter first appeared. It is not a private communication but is described as coming from Agudat ha-Rabbonim of the United States and Canada, and R. Moshe signs as president of the organization. Earlier in this issue (it is the lead article) and also in the April 1973 Ha-Pardes, R. Simhah Elberg published his own attack on Rackman, referring to him as ראביי ר. Elberg refers to Rackman’s articles which appeared regularly in the American Examiner, and which so agitated the haredim – and also many of the centrist Orthodox. This paper then joined with the Jewish Week, and became known as the Jewish Week and American Examiner. Rackman continued to publish in the paper until around 2001. (His article discussing my biography of Weinberg was one of the last ones he would write, and it is reprinted in the second edition of One Man’s Judaism [Jerusalem, 2000], pp. 402-404.)
3. Many people were interested in the claim, quoted in an earlier post, that rabbis turned over their own children to become soldiers if these children were no longer observant. If something like this ever happened it would have been very heartless, and there were, of course, many children of gedolim who became non-religious. While in some cases the child choosing a different path led to estrangement with his father, in others, father and son remained close, and I think today everyone realizes that this is the only proper approach to take.
R. Jehiel Jacob Weinberg thought that it might be a good idea for a father to attend his son’s intermarriage, in order not to break ties completely. (Believe it or not, this statement was published in Yated Neeman.) Yet to see how different things were in years past, at least among some parts of our community, consider the following responsum by the important Hungarian posek, R. Jacob Tenenbaum.[9] The case concerned an Orthodox shochet whose son went to the בית האון (This means the non-Orthodox rabbinical seminary in Budapest, against which the Orthodox rabbis carried on a crusade.) The problem was that during his vacations the son came home to his parents’ house. Tenenbaum was asked if this meant that the shochet was disqualified and could no longer serve the community. The father pleaded that he loved his son, and Tenenbaum replied that התנצלות זה הוא הבל. Tenenbaum also rejected the father’s claim that if he doesn’t show love to his son, the latter will go even further “off the derech.”
Tenenbaum demanded that the father make a complete break with his son (that is, if the father wanted to be regarded as a Jew in good standing). The choice was clear: The father had to decide between loving his son and making a living (for if chose the former he would be blacklisted throughout the country):
ואם אביו יתן לו מקום בביתו או יתמכהו באיזה דבר בזה יגלה דעתו שגם בו נזרקה מינות [!] ובזה אין חילוק בין שו”ב לאיש אחר . . . אם יחזיק ידו או יתן לו מקום בביתו הנה ידו במעל הזה אשר בנו פנה עורף לדת ה’ ועל כן צא טמא יאמר לו, ושלא יוסיף עוד ראות פניו אם לא ישמע לדבריו לעזוב דרך רשע.
I know this sounds like a Hungarian extremist approach, but R. Kook had basically the same viewpoint. In Da’at Kohen no. 7, he too is asked about a shochet whose non-religious sons live at home. R. Kook replies that while technically the actions of the sons do not destroy the hezkat kashrut of the father, nevertheless, the matter is very distasteful (מכוער). Even if the father could not be blamed at all in this matter, nevertheless, it is a hillul ha-shem. Since the beit din has the power to legislate in matters beyond the strict law, “there is no migdar milta greater than this.” He explains the reason for his uncompromising viewpoint:
שלא ילמדו אחרים להפקירות עוד יותר, כשרואין שבניו של השו”ב הקבוע הם מחללים ש”ק, ע”כ לע”ד ברור הדבר, שכ”ז שבניו הם סמוכין על שולחנו, ואין פוסקין מחילול ש”ק, איננו ראוי להיות שו”ב קבוע, ומה גם בעדה חרדית.
If this is said about a shochet, how much more would it apply to a rav of a community. It is therefore easy to understand why non-religious children of some well-known rabbis are no longer welcome in their parents’ home. (Other well-known rabbis have a completely different outlook, and reject what they would categorize as the conditional-love approach of Rabbis Tenenbaum and Kook).
4. Since I have mentioned R. Jehiel Jacob Weinberg a few times, I must call attention to something that was pointed out to me by Rabbi Chaim Miller. Miller might be known to some readers for his wonderful editions of the Chumash and Haggadah with a commentary based on writings of the Lubavitcher Rebbe. He has also published the first volume of a multi-volume work on the Thirteen Principles.[10]
I have often been asked if Weinberg gave semikhah to the Lubavitcher Rebbe. There is such a story yet I always found it suspicious that it was never mentioned in the Rebbe’s lifetime. Furthermore, Weinberg never mentions this in his letters. (He does mention that R. Yosef Yitzhak Schneersohn loved him.) So when asked, I always replied that I didn’t believe the story to be correct, as there is no evidence. In fact, I thought that the story was created as a clever way of giving the Rebbe semikhah. There is no record of him receiving semikhah before he arrived in Germany or after he left, so it made sense to have him receive it during his time in Berlin. Once you assume that the semikhah is received in Berlin, who better than Weinberg to give it to the Rebbe? Yet I always assumed that that this was a legend and wondered if the Rebbe even had semikhah.
Rabbi Miller called my attention to the new book, Admorei Habad ve-Yahadut Germanyah, pp. 103ff., where R. Avraham Abba Weingort, who is completely trustworthy (and far removed from Habad), records the testimony of two other reliable people from Switzerland who knew Weinberg well. Although there is probably some exaggeration in the details of the story they tell, they report being told by Weinberg that he indeed gave semikhah to the Rebbe, and the circumstances of how this came about (including requiring that the Rebbe come to some of his shiurim at the Berlin Rabbinical Seminary).[11] I can now better understand why the Rebbe’s contact information given to the University of Berlin was the address of the Berlin Rabbinical Seminary.[12] From now on, whenever I am asked if the Rebbe received semikhah from Weinberg, I will reply yes.
5. In recent years a few volumes from the writings of R. Yehudah Amital have been translated into English, allowing many new people to be exposed to his thoughts. Here is a provocative passage from his newest volume, Commitment and Complexity: Jewish Wisdom in an Age of Upheaval, p. 48:
We live in an era in which educated religious circles like to emphasize the centrality of Halakha, and commitment to it, in Judaism. I can say that in my youth in pre-Holocaust Hungary, I didn’t hear people talking all the time about “Halakha.” People conducted themselves In the tradition of their forefathers, and where any halakhic problems arose, they consulted a rabbi. Reliance on Halakha and unconditional commitment to it mean, for many people, a stable anchor whose purpose is to maintain the purity of Judaism, even within the modern world. To my mind, this excessive emphasis of Halakha has exacted a high cost. The impression created is that there is nothing in Torah but that which exists in Halakha, and that in any confrontation with the new problems that arise in modern society, answers should be sought exclusively in books of Halakha. Many of the fundamental values of the Torah which are based on the general commandments of “You shall be holy” (Vayikra 19:2) and “You shall do what is upright and good in the eyes of God” (Devarim 6:18), which were not given formal, operative formulation, have not only lost some of their status, but they have also lost their validity in the eyes of a public that regards itself as committed to Halakha.
This reminds me of the quip attributed to Heschel that unfortunately Orthodox Jews are not in awe of God, but in awe of the Shulhan Arukh. In truth, Heschel’s point is good hasidic teaching, and R. Jacob Leiner of Izbica notes that one can even make idols out of mitzvot.[13] He points out that the Second Commandment states that one is prohibited from making an image of what is in the heavens. R. Jacob claims that what the Torah refers to as being in the heavens is none other than the Sabbath. The Torah is telling us that we must not turn it into an idol. In this regard, R. Jacob cites the Talmud: “One does not revere the Sabbath but Him who ordered the observance of the Sabbath.”[14]
I believe that the “halakho-centrism” that Amital criticizes has another pernicious influence, and that is the overpopulation of “halakhic” Jews who have been involved in all sorts of illegal activities. A major problem we have is that it is often the case that all sorts of halakhic justifications can be offered for these illegal activities. One whose only focus in on halakhah, without any interest in the broad ethical underpinnings of Judaism, and the Ramban’s conception of Kedoshim Tihyu, can entirely lose his bearings and turn into a “scoundrel with Torah license.” The Rav long ago commented that halakhah is the floor, not the ceiling. One starts with halakhah and moves up from there. Contrary to what so many feel today, halakhah, while required, is not all there is to being a Jew, and contrary to what so many Orthodox apologists claim, halakhah does not have “all the answers.” One of the most important themes in Weinberg’s writings is the fact that there are people in the Orthodox community who, while completely halakhic, are ethically challenged.
Since I already mentioned Rabbi Rakow, let me tell a story that illustrates this. I went to Gateshead to interview him about his relationship with Weinberg. When I got there I had a few hours until our meeting so I paid a visit to the local seforim store. I found a book I wanted and asked the owner how much it cost. He gave me a price, and then added that if I was a yeshiva student there was a discount. When I later met with Rakow I asked him if it would have been OK for me to ask one of the yeshiva students to buy the book at discount, and then I could pay him for it. He replied that there was certainly no halakhic problem involved. After all, the first student acquires the book through a kinyan and then I buy it from him. But he then added: “Yet it would not be ethical.”

Weinberg’s concerns in this area were not merely motivated by the distressing phenomenon of halakhically observant people who showed a lack of ethical sensitivity. His problem was much deeper in that he feared that this lack of sensitivity was tied into the halakhic system itself. In other words, he worried that halakhah, as generally practiced, sometimes led to a dulling of ethical sensitivity. Weinberg saw a way out of this for the enlightened souls, those who could walk the middle path between particularist and universal values. Yet in his darkest moments he despaired that the community as a whole could ever reach this point. This explains why he esteemed certain Reform and other non-Orthodox figures. Much like R. Kook saw the non-Orthodox as providing the necessary quality of physicality which was lacking among the Orthodox, Weinberg appreciated the refined nature of some of the non-Orthodox he knew and lamented that his own community was lacking in this area. It was precisely because of his own high standards that he had so little tolerance for ethical failures in the Orthodox community. Weinberg’s sentiments, which focused on inner-Orthodox behavior, were not motivated by fear of hillul ha-shem. It was simply an issue of Jews living the way they are supposed to. [15]

In his opposition to halakho-centrism, Amital finds a kindred spirit in R. Moses Samuel Glasner and cites the latter with regard to the following case. What should someone do if he has no food to eat, except non-kosher meat and human flesh. From a purely halakhic standpoint, eating non-kosher meat, which is a violation of a negative commandment, is worse than cannibalism. The latter is at most a violation of a positive commandment (Maimonides) or a rabbinic commandment according to others.[16] Yet Glasner sees it as obvious that one should not eat the human flesh, even though this is what the “pure” halakhah would require, for there are larger values at stake and the technical halakhah is not the be-all and end-all of Torah.[17]
Glasner writes as follows in his introduction to Dor Revi’i:
כל מה שנתקבל בעיני בני אדם הנאורים לתועבה, אפילו אינו מפורש בתורה לאיסור, העובר על זה גרע מן העובר על חוקי התורה . . . ועתה אמור נא, בחולה שיש בו סכנה ולפניו בשר בהמה נחורה או טרפה ובשר אדם, איזה בשר יאכל, הכי נאמר דיאכל בשר אדם שאין בו איסור תורה אע”פ שמחוק הנימוס שמקובל מכלל האנושי, כל האוכל או מאכיל בשר אדם מודח מלהיות נמנה בין האישים, ולא יאכל בשר שהתורה אסרו בלאו, היעלה על הדעת שאנו עם הנבחר עם חכם ונבון נעבור על חוק הנימוס כזה להינצל מאיסור תורה? אתמהה!
In other words, the Torah has an overarching ethos (Natural Law?) which is not expressed in any specific legal text, and this can sometimes trump explicit prohibitions.[18]
Glasner has another example of this: Someone is in bed naked and a fire breaks out. He can’t get to his clothes and has two choices: He can run outside naked or put on some women’s clothes. The pure halakhic perspective would, according to Glasner, require him to go outside naked, since there is no biblical violation in this. But Glasner rejects this out of hand:
ובעיני פשוט הדבר דלצאת ערום עברה יותר גדולה . . . כי היא עברה המוסכמת אצל כל בעלי דעה, והעובר עליה יצא מכלל אדם הנברא בצלם אלוקים.
While I don’t know if the Rav would agree with Glasner, he too acknowledged that ethical concerns are a part of halakhic determination, meaning that not everything is “pure” halakhah. “Since the halakhic gesture is not to be abstracted from the person engaged in it, I cannot see how it is possible to divorce halakhic cognition from axiological premises or from an ethical motif.” Yet he adds: “Of course, in speaking of an ethical moment implied in halakhic thinking, I am referring to the unique halakhic ethos which is another facet of the halakhic logos.”[19] I wonder, though, if the approach set out here stands in contradiction to how, in his famous essay, he portrays the Halakhic Man’s mode of thinking. Would Halakhic Man, whose values arise exclusively from the halakhic system, be able to write the following, which acknowledges a significant subjective element?
Before I begin the halakhic discussion of the subject matter I wish to make three relevant observations . . . I cannot lay claim to objectivity if the latter should signify the absence of axiological premises and a completely detached attitude. The halakhic inquiry, like any other cognitive theoretical performance, does not start out form the point of absolute zero as to sentimental attitudes and value judgments. There always exists in the mind of the researcher an ethico-axiological background against which the contours of the subject matter in question stand out more clearly. . . . Hence this investigation was also undertaken in a similar subjective mood. From the very outset I was prejudiced in favor of the project of the Rabbinical Council of America and I could not imagine any halakhic authority rendering a decision against it. My inquiry consisted only in translating a vague intuitive feeling into fixed terms of halakhic discursive thinking.[20]
How often have I seen Orthodox polemicists criticize this very approach?
Finally, with regard to the issue of cannibalism mentioned above, let me point to one more relevant source (I can’t resist). In a previous post I mentioned that since every topic in halakhah has been dealt with in such detail, scholars today have to find new areas to focus on. Because of this, large books constantly appear about all sorts of things that are found in the sources, but to which no one ever gave much thought in previous years. The example I gave was an entire book dealing with the halakhot of sex change operations. The halakhot of cannibalism is one of the last areas which hasn’t yet been given a book-length treatment. However, R. Yosef Aryeh Lorincz has recently published Pelaot Edotekha.[21] The author is a rosh kollel whose previous book won an award from the municipality of Bnei Brak (see here). He is also the son of Shlomo Lorincz, one of the elders of haredi politics. He raises the following question (before reading any further, make sure the digitalis is in easy reach): Is it permitted to eat the flesh and drink the blood of demons?! Let me quote some of what he says on the topic:
יש לעיין באותם השדים שיש להם דמות אדם ומתו מה דין בשרם ודמם האם אסורים באכילה, דפשוטו אינם אדם וגם אינם בהמה אלא בריה בפנ”ע ולא מצינו שאסרה תורה לבשר ודם דשדים, אולם להאמור לעיל דשד הוה מקצת אדם, א”כ הוה כעין חצי שעור ואסורים באכילה, עוד יש לעיין אם בשרו ודמו יש להם טומאה כמת עכו”ם, ואם אסורים בהנאה לשיטות דמת עכו”ם אסור בהנאה.
Whatever you may think about hashgachot on candles and toilet bowl cleaner, I am fairly certain that even if Lorincz can prove that demon’s flesh and blood is kosher, none of the kashrut organizations will be rushing to add their symbol to this product. But in all seriousness, I know that I am not the only one who thinks that it is very unfortunate that we have Torah scholars spending time on this sort of thing.
6. I have been asked to say something about the current conversion controversy. The halakhic problems will be sorted out by the poskim, but let me make a few comments about the historical issue. There have been a number of people who have stated that the lenient approach often associated with R. Uziel is a singular opinion, or that this view was original to him. That this is mistaken can be seen by anyone who examines Avi Sagi’s and Zvi Zohar’s book Giyur u-Zehut Yehudit. In fact, throughout most of Jewish history a lenient approach to conversion was the mainstream approach.
Now it is true that R. Herzog famously states that in earlier times one could be more lenient than today, because in a traditional society when someone converted he was immediately part of a community and was required to be observant.[22] Things are very different today when you can convert and move to a secular neighborhood in Tel Aviv. There is no communal pressure for you to be observant, and the convert can look around and see that the leaders of the Jewish people in Israel, Peres, Olmert and Livni, are not religious. In such a world, R. Herzog didn’t think we could rely on certain leniencies used in the past.

However, despite R. Herzog’s opinion, the lenient approach, which didn’t insist on a convert’s complete observance of mitvot remained popular in modern times. (Contrary to what has often been stated, the lenient approach, and this includes R. Uziel, always insisted on kabbalat mitzvot. The dispute concerns what “kabbalat mitzvot” means, and whether a formal acceptance, without inner conviction, is sufficient.) Until recent years the lenient approach was even a mainstream position, alongside the more stringent (and widespread) approach. Among the adherents of the lenient approach one must mention R. David Zvi Hoffmann, who was the final halakhic authority in Germany until his death in 1921. Almost every Orthodox rabbi in that country, and many in other parts of Western Europe, looked to him as their authority. Others who held this position include R. Unterman and R. Goren. In addition, the Israeli Chief Rabbinate batei din, which were full of haredi dayanim, until recently followed the lenient approach. Many non-Jews were converted in Israel by dayanim who knew perfectly well that these people were not going to live an Orthodox life. Some of them were even intent on marrying people who were living on secular kibbutzim.[23] No one ever challenged the validity of these conversions. The situation was similar in places outside of Israel. See R. Yitzhak Yaakov Weiss, Minhat Yitzhak, vol. 6, no. 107:
לצערנו הרב גם רבנים חרדיים ומומחים מגיירים כעין זה ומחשיבים אותה כבדיעבד.
Unlike what goes on today, in previous generations there were never any classes for future converts. In fact, according to R. Akiva Eger, these classes are improper, since one is not permitted to teach Torah to a non-Jew.[24] Now obviously, this is not the position we accept, but it does illustrate that in reality converts don’t need to know much about Judaism. R. Malkiel Zvi Tenenbaum writes similarly in dealing with a case from England where a man was with a non-Jewish woman and wanted to convert her. The man had stopped eating non-kosher and attended synagogue on Rosh ha-Shanah and Yom Kippur, but he was obviously not a completely observant Jew. Tenenbaum notes that even though it is possible that the only reason the woman is converting is so that she can remain with her husband–apparently she thought that this was in doubt due to his new religiosity– nevertheless, one should not be too exacting with her, other than telling her a few weighty and light mitzvot. This approach should be adopted because ex post facto the conversion will be fine, “and by doing this, we will save the Jew from living with her in a forbidden manner . . . but it is best that she learn everything [relating to Judaism] after she converts, and in particular in this case when we have to hurry to save the husband from sin.”[25]
Even R. Moshe Feinstein’s opinion regarding conversion is not uniform, and you can see changes in his view in the direction of leniency. But leaving that aside, although R. Moshe requires real kabbalat mitzvot, he acknowledges that a rejection of complete halakhic observance might not really be a rejection, because the person might not think that a particular law is really required. For example, what about a case where a woman converted in order to marry a Sabbath violator and was herself now a Sabbath violator? This is the exact sort of conversion that would be thrown out today. The fact that after the conversion she never observed Shabbat would suffice to show that there was no kabbalat mitzvot. Yet R. Moshe disagrees. He says that it depends on the woman’s mindset. In this case, perhaps she never intended on violating the halakhah, but she didn’t believe that Shabbat is really a law! And why should she, when she sees that most Jews don’t keep it? In R. Moshe’s words, she thought that observing Shabbat was hiddur be-alma, that is, something nice, but not required. This means that she never rejected the halakhah of Shabbat, she just didn’t know about it, and people are not required to know every halakhah before they convert. Therefore, R. Moshe concludes that the conversion is valid.[26] In another responsum,[27] R. Moshe explains that even if one rejects a particular mitzvah of the Torah, ex post facto the conversion is still valid:
ולכן צריך לומר שכיון שאיכא עכ”פ קבלת מצות אף שלא בכולן הוא גר ונתחייב בכולן אף שלא קבלם דהוה מתנה ע”מ שכתוב בתורה.
Anyone who reads responsa literature of the last hundred years often comes across cases where a man was intermarried and wanted to convert his wife, or wanted to convert his future wife. Often he had a child with the non-Jewish woman and wanted the child to be converted. A few different issues are discussed in these responsa, in particular nitan al ha-shifhah, but one thing you find very little discussion of is kabbalat mitzvot. The rabbis often give permission to convert the children even though the parents are not religious, and they give permission to convert the non-Jewish spouse even though there is no expectation that the person is going to lead a religious life. This obviously shows us that these rabbis had a different conception of conversion than what is today declared to be the only acceptable approach. Rabbi Yehudah Herzl Henkin[28] has recently called attention to Rabbi Abraham Price’s comments in this regard.[29] Price was the leading rav in Toronto, and he defends the lenient approach (which was being carried out all over the world). Yet today, these conversions would be thrown out. Here is the page from Price’s sefer.
In the recently published responsa of R. Eliezer David Rabinowitz-Teomim (the Aderet), Ma’aneh Eliyahu, no. 65, he discusses converting a Gentile who was involved with a Jewish woman. He raises the issue of whether it is proper to convert the man if he will not be observant. Even though the woman will be spared the sin of intermarriage, the man who is converted will now be violating the prohbitions of Niddah and Shabbat. This means that he was in a better place before he converted, as he was not obligated in these laws. The Aderet never assumes that the conversion won’t be valid because the man will be non-observant. Indeed, his entire responsum is based on the fact that it will be valid, which leads him to wonder if conversions like this are a good idea.
אם הם מדור החדש, וקרוב הדבר שלא תשמור לטבול בזמנה, ויחללו שבת, ויכשלו באיסור נדה החמורה, רחמנא ליצלן, ועוד ועוד, באופן כזה חלילה, צריך ישוב והתבוננות אם לטובלו לדת ישראל.
(There are many other responsa where halakhists show great annoyance that people who convert often don’t live a religious life, but very few of these halakhists mention anything about the conversions not being valid.)
Here is another example that nicely illustrates what I am talking about. It has not been quoted in any of the numerous discussions of the issue and can be added to the lenient side. Yet as I indicated, there is nothing unusual in this case as the approach seen here was very popular. R. Shlomo Sadowsky was a rav in Rochester and in 1918 he published his sefer, Parparaot le-Hokhmah. On page 63 he discusses converting a non-Jewish woman who is married to a Jewish man. In this case, he turned to R. Gavriel Zev Margulies, one of the leading poskim in America. (Joshua Hoffman wrote a wonderful masters dissertation on him.) The decision is made to convert her, and there is no mention of authentic acceptance of mitzvot. The halakhic concern focuses on a different matter, and the two rabbis are guided by the desire to help the man get out of the sin of intermarriage. Here is the responsum.

A few pages prior to this, Sadowsky has a responsum from 1906, when he was a rav in Albany. Here he discusses converting the son of a Jewish father and a non-Jewish mother. The mother had no interest in converting. Sadowsky agrees to convert the child who would, of course, be raised in an intermarried home without any Torah or mitzvot. He sent his responsum to the great R. Moses Danishefsky, the rav of Slobodka, and Danishefsky agreed with him. There is absolutely no discussion about the fact that the boy will be brought up without Torah observance. Both Sadowsky and Danishefsky assume that there is a benefit to being Jewish, even if one is being brought up in an intermarried home.[30] Here are the responsa from Rabbis Sadowsky and Danishefsky.

The technical issues are probably easier in this last case, as a child doesn’t need to have kabbalat mitzvot to be converted. Yet it is still significant that the issue of being raised in a non-religious home is not considered. There have been cases in Israel where the rabbinate refuses to convert children in situations like this, since the parents are not religious. The parents are thus forced to raise non-Jewish Hebrew speaking children, who of course will serve in the army and then marry Jewish Israelis.
For another example of converting women where there is no real expectation that they will be “observant” (by current standards), since their husbands were themselves not religious, see this responsum by R. Judah Leib Zirelson, from his Atzei ha-Levanon, no. 63.
I could cite a number of other sources, but it should be obvious by now that the lenient approach is hardly a daat yahid, identified only with R. Uziel. I believe that an examination of the responsa literature reveals that until recently this was a mainstream approach among both rabbis doing conversions and poskim who dealt with this issue. I am not saying that it was the dominant approach, only that it was widespread. As we all know, however, many converts of years past would not be accepted by batei din today. (Nothing I have mentioned so far should imply that R. Druckman’s beit din followed any of the sources mentioned so far. From what I have been able to determine, his beit din required a lengthy instruction period as well as attachment to an Orthodox family during this period, and also complete acceptance of mitzvot. For one relevant article, see R. David Bass in Tzohar 30, available here.)
There is another important source, a pre-modern responsum that is not mentioned by Sagi and Zohar and is directly relevant to the issue of revoking of conversions. It is cited by the Shas member of Kenesset (and author of seforim), R. Hayyim Amselem,[31] as part of his responsum against the revoking of any conversions. R. Simeon ben Tzemach Duran, Tashbetz, vol. 3, no. 47, writes as follows:
מי שלא נתגייר אלא שעה אחת וחזר לסורו לאלתר ועבד ע”ז וחלל שבתות בפרהסיא כמנהגו קודם שנתגייר ומין הוא ומן המורדים הוא, דלא קרינן ביה אחיך כמ”ש למעלה, ואפ”ה חשבינן ליה ישראל משומד וקידושין קידושין . . . וכן ראיתי בתשובה למורי חמי הרב רבנו יונה שכתב כן, וכן כתוב בספר העיטור ובספר אבן העזר, שמעשה הי’ בכותי שקידש ואצרכוה גיטא מר רב יהודה ומר רב שמואל רישי כו’, והדבר ידוע שגזרו עליהם להיות כעכו”ם גמורים כדאיתא בפרקא קמא דחולין.
In other words, in a case where a convert immediately after the conversion practices idolatry and violates Shabbat, the rishonim mentioned hold that the conversion is valid and the person has the status of a sinning Jew. Today, we would be told that such a conversion is completely invalid, as it is obvious that the convert never intended to accept Judaism. The proof of this is that immediately following the conversion he continued in his old ways. Yet these rishonim hold that the conversion is binding.
R. Shlomo Daichovsky, until recently a dayan on the Supreme Rabbinic Court, held this position. Eight years ago he expressed his opinion against R. Avraham Sherman and wrote as follows:[32]
נשותיהן של שלמה ושמשון עבדו עבודה זרה – כך מפורש בתנ”ך. גירותן היתה מפוקפקת מלכתחילה, כלשון הרמב”ם: ‘והדבר ידוע שלא חזרו אלו, אלא בשביל דבר’. בנוסף: ‘הוכיח סופן על תחילתן שהן עובדות עבודה זרה שלהן’. ועוד יותר: ‘לא על פי בית דין גיירום’. יש כאן שלושה חסרונות גדולים. אין לי ספק, כי אם היתה באה גירות כזאת לפני בית הדין ברחובות, היו פוסלים אותה, ללא כל בעיה. יתכן, וגם אני הייתי מצטרף לכך. אף על פי כן, רואה אותן הרמב”ם כישראליות לכל דבר. ומוסיף בהלכה י”ד: ‘אל יעלה על דעתך ששמשון המושיע את ישראל או שלמה מלך ישראל שנקרא ידיד ה’ נשאו נשים נכריות בגיותן’. כלומר, אסור להעלות על הדעת, אפשרות כזו. ובעצם, למה לא?
אין מנוס ממסקנה כי בדיעבד, אינו כלכתחילה. ולא ניתן לפסול גיור בדיעבד, לאחר שנעשתה.
R. Ovadiah Yosef believes that we can void a conversion, but only if there was (or should have been) a certainty before the conversion that the whole thing was a sham. But if there was no reason to think so, even if the convert did not become an observant Jew the conversion is valid. He writes (Masa Ovadiah, p. 438[33]):
“אם באמת היה הדבר גלוי וידוע מראש שאינם מקבלים עליהם עול תורה ומצוות, רק ע”ד האמור: ‘בפיו ובשפתיו כבדוני ולבו רחק ממני’, ואנן סהדי שלא נתכוונו מעולם לקיים המצוות בפועל, אז גם בדיעבד י”ל שאינם גרים. אבל אם לא היה כאן אומדנא דמוכח בשעת הגיור, אע”ג דלבסוף אתגלי בהתייהו, דינם כישראל מומר, שאע”פ שחטא ישראל הוא.
In the famous Seidman case, where R. Goren – based on R. David Zvi Hoffmann’s well-known responsum – converted a woman who was going to be living with a kohen after the conversion, R. Ovadiah agreed that the conversion was valid be-diavad. (See R. Shilo Rafael, “Giyur le-Lo Torah u-Mitzvot,” Torah she-Baal Peh 13 (1971), p. 131).
R. Yitzhak Yaakov Weiss was opposed to voiding conversions carried out by a valid beit din (Minhat Yitzhak, vol. 6, no. 107):
אם היה הגירות נעשה בפני בי”ד כשרים היינו מוכרחים לומר שהבי”ד בדקו היטב בשעת מעשה וראו שמקבלים בלב שלם, ע”כ אף שראינו שאח”כ אין מחזיקין במה שקבלו עליהם אמרינן דהדרו בהו ויש להם דין ישראל מומר
The rabbis at Kollel Eretz Hemdah were asked from Karlsruhe, Germany, about people who convert and continue to violate Shabbat and act no differently than before the conversion.[34] In other words, they fooled the Beit Din. Are they to be regarded as converts? The reply is that while le-hatkhilah one cannot convert people unless they accept to observe the Torah
אי-אפשר לבטל את הגירות של גרים שנתגיירו בבית-דין אורטודוקסי, אף על פי שלא היו כנים בבית-הדין ולא קיבלו על עצמם באמת לקיים את כל מצוות התורה, כל עוד שבאמת הם רוצים להיות יהודים, ורוצים להשתייך לעם ישראל.
As mentioned already, this is a matter that will have to be decided by the halakhic authorities. But I think that what I have written so far is sufficient to establish that there has been a great deal of distortion regarding this issue, often by well-meaning people. (In particular, I noticed that a number of writers, including talmidei hakhamim, have mistakenly claimed that the Bah is the only one to say that the Rambam didn’t require kabbalat mitzvot be-diavad.)
What is important to remember is that it is not just some modern Orthodox and religious Zionist rabbis who oppose the revoking of a conversion, but no less a figure than the Tashbetz. If today’s authorities disagree, that is their right, but it is simply wrong for haredi leaders to say that conversions have always required absolute commitment to mitzvah observance, and that lacking such commitment the conversions were always regarded as having no validity. As is often the case, there are different traditions. The adherents of the stricter approach are attempting to recreate the past, as if there has been only one approach. In fact, there is an even more radical view found in the rishonim. I refer to the Meiri’s position that be-diavad one can convert without a beit din. That is, following circumcision one can then accept the Torah and immerse all by oneself, and ex post facto it is a valid conversion.[35]
I understand that all the discussions about the revoking of conversions have been very difficult for converts. After all, they were taught that once they convert they are as good as any other Jew. They have begun to learn that matters are not so simple. What is one of these converts supposed to think when they see the heading of R. Menasheh Klein’s responsum, Mishneh Halakhot vol. 9, no. 237: גרים כשרים אין להם יחוס וראוי לזרע ישראל לרחק מהם ? 
He explains:
וודאי שיש מצוה לקרב ולאהוב את הגרים אבל אין זה מחייב להתחתן עמהם והרי משה רבינו קבל כמה גרים דכתיב וגם ערב רב עלה אתם ואפ”ה לא נתערבו בהם ולא התחתנו עמהם בני ישראל.
(By the way, the heading of the responsum following this is בענין נשים בעצם אם הם במדרגה אחת עם אנשים. Maybe on another occasion I will return to this, but I think everyone can predict what his conclusion is.)
This is a theme that is found in a number of his responsa.[36] In fact, it appears that if he had his way there would be a complete ban on conversions.[37] Since not every convert will be able to find another convert to marry, I guess he would advise having them marry the community’s losers, as no self-respecting Jew should marry a convert, at least not if you want your children to turn out right.[38] As to why the children of converts don’t turn out properly, Klein has his own theory.[39]
ודע דעלה בלבי מפני מה גרים לא יצליחו בניהם ע”פ רוב לפמ”ש דגר שנתגייר בידוע שנשמתו גם כן היתה מאותם שרצו לקבל התורה מסיני ולכן סופה שתתגייר, והנה כל זה נשמתו אבל נשמת זרעו שממשיך לא היו במעמד הר סיני ולכן אין זרעיו מצליחין . . . ומעתה מי פתי יסור הנה לישא אשה אשר יצאו ממנה בני סורר ומרה, ואם לפעמים ימצא שלא יצאו בדור הזה אולי עד עשרה דרי לא תבזה ארמאה ויחזרו ח”ו לסורם, ועכ”פ ע”פ רוב הכי הוא, והגע עצמך אם יאמרו לו שישא אשה חולנית שבעוד חמשה שנים תמות ורק על דרך נס יש אחת מיני אלף שתחיה או שע”פ רוב תלד בנים חולי גוף או רוח ודאי לא ישאנה . . . וכ”ש הכא שיצאו ממנו ח”ו דורות כאלו וכיוצא בה, מי הוא בעל אחריות שייעץ לאדם לישא אשה כזו.
He then quotes some negative things said about converts in the Zohar, and concludes as follows, in words that the Eternal Jewish Family[40] will never include in its literature and which are very hurtful:
ומעתה מי זה יכול ליעץ לאדם מישראל אשר נתחייבנו עליו ואהבת לרעך כמוך ואמרו ז”ל מה דסני לך לחברך לא תעבד והאיך נעבור על יעצנו רע ח”ו לזרע קודש משרשא קדישא וגזעא דקשוט להתערב ולתתגעל בגיורת המזוהמה בזוהמת הנחש . . . ולכן ודאי דכל מי שחש וחס על עצמו ועל זרעו יראה להדבק בטובים.
It is interesting that R. Moshe Sternbuch expresses the exact opposite approach to converts.[41] We can see the same sort of dispute between them with regard to baalei teshuvah, with Klein having a suspicious and at times negative view toward them, and Sternbuch having the opposite approach. But before one assumes that Klein’s outlook is just another example of the far-out positions he often takes, take a look at the following from R. Kook,[42] commenting on Berakhot 8a which states: “Some say it means: Do not marry a proselyte woman”:
כי ראוי לדאוג שיהיו תולדותיו זרע ברך ד’ בטבעם קשורים ג”כ בקשר טבעי עם ד’. אבל הגיורת, קשורה אינו כ”א בחירי ואיננו חזק כ”כ כהטבעי. ע”כ יש לחוש על קיומו, גם המדות הקדושות שהאומה הישראלית מעוטרות בהן חסרות הנה בהכרח, והמזג פועל על הבנים.
Finally, let me say something about RCA’s agreement with the Chief Rabbinate that all conversions already recognized by the RCA will be accepted in Israel. Unfortunately, I don’t believe that the Chief Rabbinate can deliver on this. That is because, as we have seen in the latest controversy, the dayanim are not bound by the Chief Rabbinate’s agreements. The Chief Rabbinate can accept a convert for its own purposes, but local dayanim have the autonomy to issue their own rulings, as we saw Rabbi Sherman do.
Furthermore, there is no guarantee that the agreement with the Chief Rabbinate will be upheld for a more fundamental reason: It violates the conscience and halakhic standards of the haredi world, which is currently taking over the religious court system. Let me explain what I mean. Many people who converted through RCA rabbis did not become completely observant. Some didn’t become observant at all. (I have already mentioned that this was the case with haredi rabbis as well.) If a dayan feels that such a conversion is invalid halakhically, the fact that the Chief Rabbinate made an agreement that all RCA conversions from previous years will be accepted is irrelevant. An agreement of this nature cannot override halakhah. So the dayan in question will be forced to reject this conversion no matter when it took place.
To show how difficult the situation can become, take a look at this article from Yated Neeman that appeared a few years ago.[43] I think we can get a good sense from it where we are heading with regard to conversion, and why the only solution is to have two separate court systems dealing with this matter. Yes, it is true that people converted by the Religious Zionist courts might not be accepted by the haredim, but so what? In the unlikely event that one of these converts or their children will want to marry a haredi, they can undergo a second haredi conversion. This is hardly a big deal, and certainly not reason enough for the Religious Zionists to entirely abandon their vision of halakhah, all in order to satisfy the haredi demands for a “single standard,” which by definition always means the haredi approach.
[1] In the meantime, see my article in the Forward. R. Menachem Genack responded here.
Contrary to Genack, the Modern Orthodox world would unquestionably still be eating non-glatt if it was available under (what they viewed as) reliable hashgachah. I also think everyone understood that my comments about the D symbol was not in criticism of identifying a product as dairy, but that the OU does not use the DE symbol (Incidentally, neither of these symbols existed when I was growing up. You knew if a product was dairy by looking at the ingredients, and one does not need to be concerned with the equipment unless you are specifically told – as you now are – that a product was made on dairy equipment. Even then, there are poskim who hold that you can ignore the DE and eat the product with meat, since despite what it says on the label, we don’t actually know that the parve food we are eating was produced within 24 hours of a dairy run.) Why do I think the D symbol instead of DE reflects a turn to the right?: I called the OU on three separate occasions and spoke to three different rabbis, and all of them explained that the reason DE is not used is because they have a fear that some small bits of milk might still be in the product. This is an incredible chumra, which incidentally has no real basis, as companies have to be very careful about not allowing milk into products which are non-dairy. (The threat of major lawsuits from people who are allergic to milk is a constant concern for the companies.) Furthermore, to claim that any such milk might exist in large enough quantities not to be batel is incredibly far-fetched. Despite raising these points in all three conversations, I was told that the organization chooses to be strict.
[2] R. Gedaliah Silverstone, who for many years was the leading rav in Washington, D.C. writes as follows (Tokhahat Hayyim, 1928, p. 14):
מעשה היה בעירי שטבח אחד הסגיר את הרב המשגיח בתיבת המקרה לערך חצי שעה ולא נתן לו לצאת, ואמרתי אז בדרוש על הטבח הזה שלכל הפחות היה לו פעם אחת בתיבת המקרה (שנקרא איז באקס) שלו חתיכה של בשר כשר.
For those who don’t read Hebrew: When the Mashgiach was locked in the freezer, Silverstone quipped that at least on one occasion there was a piece of kosher meat found there! See Yosef Goldman, Hebrew Printing in America 1735-1926 (Brooklyn, 2006), p. 765.
[3] “Emanuel Rackman: Gadfly of Modern Orthodoxy,” Modern Judaism 28 (May 2008), pp. 134-148.
[4] See here.
[5] When planning its ninetieth anniversary celebration in 1976, Yeshiva University was upset to find that Mordecai Kaplan was its oldest living graduate. This squelched any plans to make a big to-do in honor of the graduate. See Jeffrey S. Gurock and Jacob J. Schacter, A Modern Heretic and a Traditional Community (New York, 1997), p. 1.
[6] No one has yet written an article focusing on the Rackman-Lamm contest for election to the presidency of YU, and the historical significance of Lamm’s victory. I hope that a capable YU student takes upon himself this task. To do it right, he must interview the people still alive who were on the committee and can testify as to what led them to go with the younger and less distinguished Lamm. Until now, all we have had are rumors and fairy tales. One example of this is the following passage from R. Herschel Schachter’s Mi-Peninei ha-Rav (p. 170).
לפני כעשרים וחמש שנים, לאחר שנפטר הר”ר שמואל בלקין, והיו צריכים לבחור נשיא חדש לישיבה אוניברסיטה, החליט רבנו שאחד מהמועמדים לא היה ראוי לאותה אצלטא בגלל דיעותיו הבלתי-מסורתיות. רבנו כינס את כל הרמי”ם ביחד, וערך וניסח מכתב לועד-הנאמנים של הישיבה שהוא מתנגד מאוד להתמנותו של פלוני, וחתם את שמו למטה, ומסר את המכתב לשאר הרמי”ם שאף הם יחתמו. אחד מהרמי”ם פתח ושאל לרבנו, ומה כל הרעש הזה, מה פשעו ומה חטאתו של אותו פלוני. ענה רבנו ואמר, שיהודי המדפיס במאמר בעתון שלפי דעתו שני חלקי ספר ישעיה נכתבו על ידי שני בני אדם נפרדים, אפיקורס הוא, ואי אפשר למנותו כנשיא של הישיבה. והמשיך הלה לטעון ואמר, דהלא אף באברבנאל גם כן מצינו לפעמים דברים זרים אשר הם נגד מסורות רז”ל חכמי התלמוד. וענה רבנו ואמר, שאף את האברבנאל לא היה רוצה לראות כנשיא ישיבה-אוניברסיטה. ובזה נסתיים הויכוח. כל הרמי”ם שהיו נוכחים בשעת מעשה חתמו על מכתבו של רבנו, המכתב נמסר לועד הנאמנים, ונתבטלה מועמדותו של הלה.
I have it on very good authority (from conversations with two people who were intimately involved in the election process) that the event described here never happened. There might, however, be a kernel of truth in the story, as is often the case with such tales, and perhaps one of the readers can illuminate the matter. As for Rackman and Deutero-Isaiah, since he is not a Bible scholar I am certain that he never expressed his opinion in the way described here (I also hope that the Rav never said what is attributed to him. R Joseph Karo, Kesef Mishneh, Berakhot 3:8 refers to Abarbanel as הנשר הגדול)
What Rackman does say is as follows (One Man’s Judaism, pp. 248-249):
The Talmud itself was not dogmatic, but contemporary Orthodoxy always feels impelled to embrace eveery Tradition as dogma. The Talmud suggests that perhaps David did not write all the Psalms. Is one a heretic because one suggests that perhaps other books were authored by more than one person or that several books attributed by the Tradition to one author were in fact written by several at different times? A volume recently published makes an excellent argument for the position that there was but one Isaiah, but must one be shocked when it is opined that there may have been two or three prophets bearing the same name? No Sage of the past ever included in the articles of faith a dogma about the authorship of the books of the Bible other than the Pentateuch. . . . How material is it that one really believes that Solomon wrote all three Scrolls attributed to him? Is the value of the writings itself affected? And if the only purpose is to discourage critical Biblical scholarship, then, alas, Orthodoxy is declaring bankruptcy: it is saying that only the ignorant can be pious – a reversal of the Talmudic dictum.
The book about Isaiah he refers to is Rachel Margalioth’s The Indivisible Isaiah: Evidence for the Single Authorship of the Prophetic Book, published in 1964 by Yeshiva University’s Sura Institute. (She was the wife of famed scholar Mordechai Margalioth.)
[7] No one has yet written an article focusing on the Rackman-Lamm contest for election to the presidency of YU, and the historical significance of Lamm’s victory. I hope that a capable YU student takes upon himself this task. To do it right, he must interview the people still alive who were on the committee and can testify as to what led them to go with the younger and less distinguished Lamm. Until now, all we have had are rumors and fairy tales. One example of this is the following passage from R. Herschel Schachter’s Mi-Peninei ha-Rav (p. 170).
לפני כעשרים וחמש שנים, לאחר שנפטר הר”ר שמואל בלקין, והיו צריכים לבחור נשיא חדש לישיבה אוניברסיטה, החליט רבנו שאחד מהמועמדים לא היה ראוי לאותה אצלטא בגלל דיעותיו הבלתי-מסורתיות. רבנו כינס את כל הרמי”ם ביחד, וערך וניסח מכתב לועד-הנאמנים של הישיבה שהוא מתנגד מאוד להתמנותו של פלוני, וחתם את שמו למטה, ומסר את המכתב לשאר הרמי”ם שאף הם יחתמו. אחד מהרמי”ם פתח ושאל לרבנו, ומה כל הרעש הזה, מה פשעו ומה חטאתו של אותו פלוני. ענה רבנו ואמר, שיהודי המדפיס במאמר בעתון שלפי דעתו שני חלקי ספר ישעיה נכתבו על ידי שני בני אדם נפרדים, אפיקורס הוא, ואי אפשר למנותו כנשיא של הישיבה. והמשיך הלה לטעון ואמר, דהלא אף באברבנאל גם כן מצינו לפעמים דברים זרים אשר הם נגד מסורות רז”ל חכמי התלמוד. וענה רבנו ואמר, שאף את האברבנאל לא היה רוצה לראות כנשיא ישיבה-אוניברסיטה. ובזה נסתיים הויכוח. כל הרמי”ם שהיו נוכחים בשעת מעשה חתמו על מכתבו של רבנו, המכתב נמסר לועד הנאמנים, ונתבטלה מועמדותו של הלה.
I have it on very good authority (from conversations with two people who were intimately involved in the election process) that the event described here never happened. There might, however, be a kernel of truth in the story, as is often the case with such tales, and perhaps one of the readers can illuminate the matter. As for Rackman and Deutero-Isaiah, since he is not a Bible scholar I am certain that he never expressed his opinion in the way described here (I also hope that the Rav never said what is attributed to him. R Joseph Karo, Kesef Mishneh, Berakhot 3:8 refers to Abarbanel as הנשר הגדול)
What Rackman does say is as follows (One Man’s Judaism, pp. 248-249):
The Talmud itself was not dogmatic, but contemporary Orthodoxy always feels impelled to embrace eveery Tradition as dogma. The Talmud suggests that perhaps David did not write all the Psalms. Is one a heretic because one suggests that perhaps other books were authored by more than one person or that several books attributed by the Tradition to one author were in fact written by several at different times? A volume recently published makes an excellent argument for the position that there was but one Isaiah, but must one be shocked when it is opined that there may have been two or three prophets bearing the same name? No Sage of the past ever included in the articles of faith a dogma about the authorship of the books of the Bible other than the Pentateuch. . . . How material is it that one really believes that Solomon wrote all three Scrolls attributed to him? Is the value of the writings itself affected? And if the only purpose is to discourage critical Biblical scholarship, then, alas, Orthodoxy is declaring bankruptcy: it is saying that only the ignorant can be pious – a reversal of the Talmudic dictum.
The book about Isaiah he refers to is Rachel Margalioth’s The Indivisible Isaiah: Evidence for the Single Authorship of the Prophetic Book, published in 1964 by Yeshiva University’s Sura Institute. (She was the wife of famed scholar Mordechai Margalioth.)
[8] Here is a bit of Jewish Scranton trivia. Many people know that Harry Wolfson and R. Shraga Feivel Mendlowitz lived there. But did anyone know that R. Herschel Shachter was born in Scranton?
[9] Naharei Afarsemon, mahadurah tinyana, no. 15.
[10] See here.
[11] R. Pini Dunner writes: “I asked him [R. Yosef Tzvi Dunner] if he remembered the Rebbe from his time in Berlin (1932-36). He smiled and said he remembered him well – he was the rather modern-dressed young man with the neatly trimmed beard who stood at the back of the shiur room and who would talk in learning after almost every shiur with Rav Yechiel Yaakov Weinberg z”l.” See here.
[12] See Shaul Shimon Deutsch, Larger Than Life, vol. 2 (New York, 1997), p. 75.
[13] Beit Yaakov, vol. 2, p. 256.
[14] Yevamot 6b
[15] I think an important point, which I have not seen anyone make, is that the entire concept of hillul ha-shem has basically disappeared in the United States. This perhaps has had some impact on Orthodox misconduct. What I mean is that in years past people were held back from doing things because of a fear of how it would look to the non-Jewish world, i.e., it would lead to Jews and Judaism being degraded in their eyes. Today, very few Jews think like that. We live in a great country. If a Jew, or an Orthodox Jew, does something illegal, even if he is on the front page of the newspaper, the typical non-Jew does not take this as a reflection on Jews as a whole or on the religion – and we have had many examples to illustrate the empirical truth of this statement. People know that there are scoundrels in every religious group, and one should not judge another person or religion based on the actions of individuals. When we have reached this wonderful point, what room is there for hillul ha-shem as a motivating factor?
[16] See J. David Bleich, Contemporary Halakhic Problems, vol. 1 pp. 194-196.
[17] Ve-Ha’aretz Natan li-Venei Adam (Alon Shvut, 2005), pp. 38ff.
[18] In attempting to explain why there is no explicit prohibition against cannibalism in the Torah, R. Kook expresses a similar concept (Otzarot ha-Re’iyah [2002], vol. 2, p. 89):
לא הוצרכה תורה לכתוב עליו איסור מפורש, שאין האדם צריך אזהרה על מה שקנה לו כבר מושג טבעי בזה.
Weinberg speaks of cannibalism as being against “the will of the Torah,” even though not explicitly forbidden. See Seridei Esh, vol. 3, no. 127 (p. 342). See the discussion in Daniel Sinclair, “Musar u-Mishpat ha-Tiv’i be-Mishpat ha-Ivri: Akihlat Basar Adam ke-Mashal,” available here.
[19] Community, Covenant and Commitment, ed. N. Helfgot (Jersey City, 2005), p. 276.
[20] Ibid., pp. 24-25.
[21] (Bnei Akiva, 2008). The passage I refer to comes from vol. 2, pp. 125-126.
[22] See Pesakim u-Khetavim, Yoreh Deah nos.89, 92. R. Abraham Dov Ber Kahana Shapiro expressed the same sentiments. See Devar Avraham, vol. 3, no. 28.
[23] In referring to such a case, where after conversion the woman would live on a secular kibbutz where she would not be able to observe mitzvot, R. Yehudah Herzl Henkin writes (Bnei Vanim, vol. 2, p. 135):
אם היא סברה שסדורי החיים שבקבוץ לא איפשרו לה דהוי כעין אונס שעומד לבוא עליה לפי דעתה ואינו חסרון בקבלת המצוות אף על פי שלדינא אינו אונס שהרי לא נאנסה להשאיר בקבוץ.
[24] Teshuvot, vol. 1, no. 41.
[25] Divrei Malkiel, vol. 6, no. 19.
[26] Iggerot Moshe, Yoreh Deah I, no. 160. This notion, that even apparently obvious Jewish laws could be viewed by some people as not binding, has all sorts of ramifications and has often dealt with by poskim. One interesting example is Teshuvot Maharam Lublin, no. 15, where R. Meir of Lublin was asked about a man who was caught having sex with a Christian prostitute, and he was sentenced to death. He could escape this sentence by converting to Christianity. (The responsum, which was sent to the city of Apta, deals with a young man held prisoner by the “Ishmaelites” because he was found with an “Ishmaelite” prostitute. Obviously, R. Meir is speaking in code, as Muslims were not in large supply in Apta. I will speak more about this sort of code in a future post.) The local community wanted to know if they had an obligation to ransom him, as it could be that the imprisoned man had the status of a mumar le-teavon. R. Meir rejects this point and offers the following incredible justification:
ופרט בזמנינו זה בעו”ה שרבים נכשלים בעבירה זו שאין להחשיבה כמומר לתיאבון.
See also the famous responsum of R. Akiva Eger (Teshuvot, vol. 1, no. 96), who deals with otherwise otherwise religious Jews who shave with a razor. (While reading his words ask yourself if the community he describes sounds more like a haredi community or a Modern Orthodox one.):
י”ל דהשתחת בתער דנתפשט בעו”ה אצל הרבה לא חשב שזהו איסור כ”כ דלא משמע להו לאינשי דאסור, וכאשר באמת נזכר בג”ע שהשיב להמוכיח שהרבה אנשים חשובים עושים כן, וכיון דבאמת פשתה המספחת בזמנינו גם לאותן הנזהרים בשאר דברים נדמה להם דאינו איסור כ”כ.
R. Eliezer Papo, Pele Yoetz, s. v. hov, writes:
ע”פ מה דקיימא לן אומר מותר אנוס הוא ומאחר שדרך איש ישר בעיניו נמצא שהוא אומר מותר ואנוס הוא.
The last three sources mentioned are quoted by R. Zvi Yehudah Kook, Li-Netivot Yisrael, vol. 1 pp. 154-155.
[27] Iggerot Moshe, Yoreh Deah III, no. 106.
[28] See here.
[29] Mishnat Avraham, vol. 2, p. 274.
[30] R. Moshe Feinstein recognized the logic of this approach. See Iggerot Moshe, Yoreh Deah I, no. 158:
לא ברור הדבר במדינה זו שהוא זכות כיון שבעוה”ר קרוב שח”ו לא ישמור שבת וכדומה עוד איסורים. אך אפשר שמ”מ הוא זכות שאף רשעי ישראל עדיפי מעכו”ם.
Iggerot Moshe, Even ha-Ezer IV, no. 26:
וגם אף אם לא יתגדלו להיות שומרי תורה מסתבר שהוא זכות דרשעי ישראל שיש להם קדושת ישראל ומצותן שעושין הוא מצוה והעבירות הוא להם כשגגה הוא ג”כ זכות מלהיות נכרים.
R. David Horowitz, Imrei David, no. 172, also permits the conversion of the child, and holds out hope that the parents will do teshuvah (apparently even including the non-Jewish mother in this):
מה לנו להתחכם נגד מצות ד’ . . . מצינו כי אדם רע עשוי לעשות תשובה, וגם כאן נאמר כי עוד יבוא יום וישעה אדם אל עושהו ותפקחנה עיני עורים וידעו כי ערומים הם והרבה לחטוא.
[31] Or Torah, Tamuz 5768.
[32] See here.
[33] In Yabia Omer, vol. 10, Yoreh Deah no. 26, he decides that a particular conversion can be voided, and one of the reasons is subsequent non-observance. Yet this was not the main justification for his decision. In addition, this was a special case as it concerned an agunah.
[34] Be-Mar’eh ha-Bazak, vol. 3, p. 149
[35] Beit ha-Behirah, Shabbat 68a.
[36] See e.g., Mishneh Halakhot, vol. 10, no. 239:
ודאי דזרע אברהם יצחק ויעקב המיוחסים מתרחקים מן הגרים כפי האפשר הגם שמקרבים אותם מצד מצות ואהבתם את הגר אבל אין זה מצוה לנו להתחתן עמהם.
I certainly think he is going overboard when he writes (ibid., vol. 15, p. 151): ואין ממנים גר להיות שמש בביהכ”נ
[37] See ibid., vol. 16, p. 384: .ומשבח אני בזה מנהג הספרדים שאין מקבלין בקהלותיהם גרים He is referring to the Syrian ban on converts, which has its own racist elements, as in both the popular and even in some of the rabbinic mind of this community there is a stress on “pure Jewish blood.” This latter point is far removed from opposition to converts in order to prevent intermarriage, and leads to a shunning of all converts, even those converted as babies, as well as a shunning of children and even grandchildren of converts.
[38] ] See ibid., vol. 9, no. 239
[39] See ibid., vol. 10 no. 239.
[40] See here.
[41] Teshuvot ve-Hanhagot, Even ha-Ezer no. 728. See also ibid., vol. 2 no. 623, where he writes: עיקר היחוס הוא כששומרים מצוות.
[42] Ein Ayah, Berakhot 8a.
[43] Available here. The “so-called Orthodox rabbis” referred to in this article are Rabbis Gedaliah Dov Schwartz, Reuven Bulka and Shmuel Goldin. The RCA is described as an “organization of rabbis who call themselves Orthodox, but are known as modern.” The article also defames Rabbis Shear Yashuv Cohen and Shalom Messas. There are a number of falsehoods in the article, but let me just mention one: “The conversion was made for the purpose of marriage, and such types of converts are not to be accepted according to the halocho.” Yet the almost unanimous opinion of poskim, from all circles, is that when confronted with a possible intermarriage, one should convert the non-Jewish partner if all all feasible. The only dispute is how observant the convert must be in order to be accepted.



The Other Works of R. Yehiel Mihel Epstein, Author of the Arukh HaShulhan

A Review of: Kitvei Ha’Arukh HaShulhan
Eliezer Brodt

Almost every Friday morning, I get a call from a fellow seforim addict asking me what’s new on the market. The past few weeks, he had been complaining to me that the market is dry, and nothing of note has been put out. Yesterday, he told me that finally one interesting thing came out the night before: a collection of the writings R. Yehiel Mihel Epstein (1829-1908), the author of the Arukh HaShulhan, called Kitvei Ha’Arukh HaShulhan. So off I ran to the seforim store to get this new piece. What follows is a review of this new sefer.

Kitvei Ha’Arukh HaShulhan is divided into multiple parts. The first part is a reprint of the “Or La’Yesharim” by R. Epstein. The Or La’Yesharim is a commentary on the classic work, Sefer HaYashar of Rabbeinu Tam. R. Epstein wrote this when he was very young, although it wasn’t published until 1869.

The Sefer HaYashar of the Rabbeinu Tam[1] (this is not to be confused with the mussar work with the same title which is incorrectly attributed to the Rabbeinu Tam – there is some debate exactly who the author is, with some claiming it is R. Zerachia HaLevi, author of the Ba’al HaMe’or, others attribute it to R. Zerachiah HaYevani, and finally others claim the author is Rabbeinu Yonah) which is today available in two parts – Hiddushim and She’elot u-Teshuvot. The Sefer HaYashar was first published (both parts together) in 1811 in Vienna, but this edition was full of errors. Later, in 1898, it was reissued – but only the She’elot u-Teshuvot section, by R. S. Rosenthal for Meketzei Nerdamim. He included both his own notes as well as notes from R. Ephraim Zalman Margolis in an effort to correct the seriously corrupted text. In 1959 R. S. Schlesinger republished the the Hiddushim section of this sefer in a more critical edition. Professor E. E. Auerbach writes that it is ironic that the Sefer HaYashar should have so many textual errors, when one of the purposes of the Sefer HaYashar was to provide a correct text of the Gemara. (Balei Hatosfot p. 94). In Kovetz Al Yad (volume 7), R. Yosef Kapach printed some more teshuvot of Rabbeinu Tam. Today, however, there are still still many pieces which rishonim quote from the Sefer HaYashar of Rabbeinu Tam which are not found in either section of the Sefer HaYashar that we have.

The Or La’Yesharim by R. Epstein is an extensive commentary covering the Nashim and Niddah masekhtot of the Hiddushim section of the Sefer HaYashar. The original edition was very rare and now, thanks to work R. Horowitz, the editor of the newly published Kitvei Ha’Arukh HaShulhan, it is now available to all. This part of the volume comprises 200 pages and is nicely printed and includes a thorough index.

Or La’Yesharim has many haskamot from: R. Yitzchak Elchanan Spektor; the author’s brother-in-law, R. Naftali Zevi Yehudah Berlin (Netziv); the author’s uncle R. Meir Berlin; R. Yehoshua Leib Diskin; and even from a Hasidic Rebbe, R. Aaron M’Chernobyl. It seems that there also was a haskama from the R. Menahem Mendel Schneerson, third rebbe of Lubavitch known as the Tzemach Tzedek, but it was lost.

The next part of the Kitvei Ha’Arukh HaShulhan is a collection of the Arukh HaShulhan’s She’elot u-Teshuvot on all areas of halakha. It’s known that the Arukh HaShulhan wrote a very large amount of She’elot u-Teshuvot to thousands of questions that he was asked from all over the world. But, he writes that he was too busy to keep copies of all of them and thus, unfortunately, we do not have too many copies of these letters. However, R. Horowitz collected the letters that we do have from various sources: publications of the time, people he corresponded with that printed his letters in their seforim and manuscripts. There are some interesting statements in the teshuvot such as “Chas vesholom to rely on the shekia of Rabbeinu Tam as the Gra and Shulhan Arukh Harav already come out not like him” (p. 7). Another interesting letter is where R. Epstein writes after trying to find a leniency, he writes “even though I always try to leniencies where needed here I could not” (p. 74).

Interestingly enough, this new edition included all letters of the Arukh HaShulhan based on the advice of R. Chaim Kanievsky, to produce a complete work and not to censor any of the letters. This includes the famous letter of the Arukh HaShulhan permitting one to use electricity on Yom Tov. But, as has already been pointed out by many people, this was based on a faulty understanding of the exact science of how electricity works (pg. 12-13). Another famous letter of his printed here is his allowing of Metzizah through an instrument (p. 50).

The next part of the sefer is a collection, but not all, of derashot (sermons) of R. Epstein. One only wonders why the editor chose to put in these and not all, (or perhaps none) as we already have all this in a recently released volume. These derashot are excellent continuing in the path familiar already through his commentary on the Haggadah called Leil Shimurium.

The volume continues with a collection of letters related to community work, various semikhot that he gave to Gedolim and haskamot that he gave to various works. These come from private collections, including those from Hebrew University and the Schocken Collection of Jerusalem.

One interesting letter that seems to have bypassed the radar of the editors is a letter where someone had asked him about something, and R. Epstein responded:

“unfortunately, we cannot ask my brother in law, the Netziv, because he’s ill, and we can’t ask R. Yitzchok Elchanan Spector because he’s surrounded by people (מוקף מסביב)” (p. 141).

He seems to be hinting to what is claimed by many – the R. Yitzchok Elchanan was greatly influenced by his secretary, R. Yaakov Lifshitz. For examples, see Yaakov Mark’s work: Bemechitzasam Shel Gedolei Hador (p. 102), where he reports such a confession from R. Yaakov Lifshitz himself. (See also Nathan Kamenetsky, Making of a Gadol, pp. 458-463). However, interestingly enough, there is a letter in regard to another issue, where R. Yitzchak Elchanan himself writes:

“I have been a Rav for tens of years authored thousands of teshuvos on every area of halakha to inquires from all over the world and in regard to many areas relating to the zibur and no one has ever questioned that I was not going according to my own mind and it’s a great chutzpah to say publicly that I have no da’at and people in my household use me!”

(Iggerot R’ Yitzchok Elchanan Spector, vol. 1 pp. 59-60 [2]). Another interesting letter included is against Zionism (pp. 139-140) and R. Epstein’s defense of the Mussar movement (pp. 132-136).

After each piece throughout the sefer R. Horowitz writes its exact source. I personally find this method much more user friendly than other similar works where they include this material in the back of the sefer which many times confuses the reader.

The volume ends off with a short biography of R. Epstein. The only point of criticism on the biography is that not enough credit is given to the sources. One of the sources is R. Meir Bar-Ilan, a nephew of the Arukh HaShulhan, who is only mentioned in one footnote, but should have been mentioned in many more.

In sum this is a beautifully presented volume of the writings of the R. Epstein and is well worth adding to one’s collection.

Notes:
[1] See generally, E.E. Aurbach, Ba’alei HaTosefot, 80-91; Y. Felix, “Sefer haYashar l’Rabbenu Ya’akov ben Meir,” Sinai, 39 (1956): 52-61, 106-15, 172-83, 224-39.
[2] It is possible that R. Yaakov Lifshitz actually authored this letter.