In the early part of the 20th century there was a debate of the appropriateness of women taking part in elections – whether they can vote or run for office. (Of late, this debate has been renewed by the Young Israel stance regarding women becoming a synagogue president.) Most are aware that those who argue that women cannot hold positions of power rely upon the Rambam, hilkhot melakhim 1:5, who in turn in relying upon a Sifre 147 to Devarim 17:15. R. Hirschensohn, however, understood the Sifre in a radically different manner and in doing so allowed that the Rambam erred in his interpretation of the Sifre. Specifically, R. Hirschensohn argues that the Sifre that states “that the verse (Devarim 17:15) ‘You shall place upon yourselves a king’ limits the placement to a king and not a queen” should be understood that the requirement for a king does not require a queen. That is, should the queen die she need not be replaced; however, should the king die there is a commandment to replace him.” Furthermore, according to R. Hirschensohn, the Sifre has nothing to do with the other statement from Hazal (Yevamot 45b) based on this verse, that “any leadership you shall establish should only be from your brethren [they must be Jewish].”[2] Thus, the Rambam erroneously conflated the two statements and thereby misunderstood the Sifre and came to the incorrect conclusion – that women are barred from all positions of power. As R. Hirschensohn explains “that even one as great as the Rambam in his knowledge and wisdom is not immune from error, an which then caused many who followed after him to rely upon and led to other errors. It is without a doubt the Rambam relied upon memory regarding these statements, and did not have time to reexamine them again” (See Malki ba-Kodesh 2:194).

As one would expect, aside from taking issue with R. Hirschensohn’s position on women holding power, many took issue with R. Hirschensohn’s claim the Rambam erred. R. BenZion Uziel said that although he respects R. Hirschensohn — in fact R. Uziel ultimate held like R. Hirschensohn on this issue — R. Uziel “believed that [R. Hirschensohn] erred in hastily writing such things about our master, Maimonides. For, while we may indeed take issue with his position, we may not characterize him as having committed [elementary] errors in understanding the text, or as having been mislead by custom and historical context. [R. Hirschensohn’s] remarks to such effect are, no doubt, a slip of the pen.” Mishpetei Uziel, vol. 2, Hoshen Mishpat, no. 6 (the translation comes from this article). R. Uziel was not alone in disputing R. Hirschensohn’s assessment of the Rambam as is evidenced by the many letters to R. Hirschensohn and his responses on the issue of the Rambam erring. See, e.g. Malki ba-Kodesh 4:131, 6:103-104 (letter from R. Yosef Babad).[3] It is worth noting that R. Hirschensohn seemed to have tired defending this opinion saying in one letter “that any further argument about this point is only repetitive.” Malki ba-Kodesh 6:100.

Another more recent example was noted by R. Eliezer Brodt in the magazine Datza, no. 15 (19 Kislev 5368): 4, where he calls to attention the recent edition of R. Yosef Karo’s Maggid Mesharim edited with notes by R. Yosef Kohen. In the Maggid Mesharim, amongst the many halakhic statements from the Maggid — the legendary angel that visited R. Karo and whose remarks are recorded in this work — is that “on Rosh ha-Shana one should not eat meat or drink beer [wine] and one should be careful about other foods as well. And, although Ezra said [regarding Rosh ha-Shana] ‘go eat sweet food’ that was only said for the populace, I [the Maggid] am speaking to the special ones.” The problem with this specific statement is that, as many commentaries have noted, it contradicts various Talmudic statements – including a Mishna or two – that imply one should eat meat on Rosh ha-Shana. (For more on the topic of eating meat on Rosh ha-Shana see Eliezer’s post earlier post, available here, additionally, Eliezer’s forthcoming volume on many of the customs of Rosh ha-Shana will also discuss this custom amongst others.)

Amongst the many others who attempted to explain this statement of R. Hayyim of Volozhin explained that the entire power of the Maggid only came from R. Karo himself. Thus, if R. Karo forgot a Mishna or a source then the Maggid wouldn’t know it either. Therefore, “it is clear that at that moment the Bet Yosef [R. Karo] forgot the relevant Mishna, or there was some lack in his recollection or understanding, and due to that the light [understanding] of the relevant Mishna was also held back from the Maggid.” R. David Luria, Kadmut Sefer ha-Zohar 5:4 (Koenigsberg, 1856), p. 35a (quoting R. Hayyim). Thus, according to R. Hayyim, R. Karo could forget and make mistakes.

R. Hayyim of Volozhin’s understanding, however, is completely rejected by R. Yosef Kohen in his new edition of the Maggid Mesharim. R. Kohen commenting on R. Hayyim’s explanation says “I am extremely troubled, how is it possible to say that the great Rabbi Bet Yosef, who understood and was completely fluent in the entire Talmud and Mishna, that he forgot a simple Mishna or that he was weak in a particular Mishna.” Maggid Mesharim, R. Yosef Kohen ed. (Jerusalem, 2007), 418.

Again, we see the two camps clearly, those who allow for human error and forgetfulness and those who refuse to believe great Rabbis could fall prey to these human frailties. An examination of the relevant sources shows that those in the former camp have the greatest support. To return to the Rambam that R. Hirschensohn argued erred in his understanding of the Sifre. The Rambam himself in his famous answer to the Hakhmei Lunel, admitted that he had made a mistake. Similarly, the Rambam’s son, R. Abraham when presented with a contradiction between his father’s statement and a Talmudic passage said “it is possible that my father forgot this passage when he wrote this.”

Likewise, R. Yair Hayyim Bacharach, author of Shu”t Havvot Yair, explains in a responsum “to one Godol who cast aspersions on [R. Bacharach] for claiming errors in the writings of the great earlier ones. That is, you asked how can I have the gall to dispute the earlier ones which we are much smaller. And, that I went further and said [at times] that they had forgotten the words of the Talmud and the Poskim.” R. Bacharach answered “I turn the question back on you, is not this language, that is, ‘you have forgotten [אשתמיטתיה]’ taken from the Talmud itself and applied to the greatest Amoraim . . . using [forgetfulness] is a respectful way to allege that one didn’t remember a relevant passage. Forgetfulness is human nature and affects everyone. Of course, how forgetful one is depends on the person.”

R. Bacharach then offers historical examples to support his contention. “Who is greater than Moshe the greatest prophet who forgot two laws (Shapiro notes that Bacharach erred – Moshe made three errors! (Shapiro, 52 n.220)) due to anger . . . and who is a greater Posek than the Rambam who understood the entire oral Torah as is evidenced by his work and who also authored a commentary on the entire six volumes of the Mishna based on the Talmud . . . who also forgot . . . and Rashi, who was a repository of Torah, but who writes in his commentary to the Torah . . . ‘I don’t know . . . and whom the Ramban wrote that [Rashi] forgot a passage from Midrash Ruth.” R. Bacharach continues to list other such examples. He concludes “there is no shame in saying that the Rishonim and the Achronim . . . forgot a Talmudic passage or Tosefot . . . and this position is evident from the writers in all the generations that precede me, they never held back from saying on the great ones before them.” R. Yair Hayyim Bacharach, Shu”t Hut ha-Shuni, no. 20.

It is particularly ironic that the Hida fell prey to this very type of forgetfulness as he wrote an entire book, Helem Davar, [4] showing exactly these types of mistakes in other’s works. The title of the Hida’s work, Helem Davar is rather instructive when discussing the possibility of sages erring. Helem Davar refers to the sacrifice the members of Sanhedrin would bring should they all err, indicating that even groups of great people are not immune from making mistakes.

With the above introduction we now turn to Professor Marc Shapiro’s new book Studies in Maimonides and His Interpreters (Scranton and London: University of Scranton Press, 2008), 205 pages, where one of the three articles is devoted to showing exactly the type of errors that must be attributed to forgetfulness or faulty memory that appear in the Rambam. This volume is an expanded discussion of Prof. Shapiro’s two earlier articles “Maimonidean Halakhah and Superstition” (2000) and “Principles of Interpretation in Maimonidean Halakhah: Traditional and Academic Perspectives” (2008), both of which originally published in Yeshiva University’s Maimonidean Studies, and includes a Hebrew section of several letters from two twentieth-century Torah giants (R. Joseph Kafih and R. Yehiel Yaakov Weinbeg), as well as from the nineteenth-century-maskil Nahman Isaac Fischmann to R. Samuel David Luzzatto zt”l (ShaDaL).

The editors of the Seforim blog take great pride in the first post (of hopefully many frequent posts) at this new web address being able to discuss Professor Shapiro’s new work. This is so, as Professor Marc B. Shapiro has been (as many others) a frequent contributor to the Seforim blog. It is such contributions that make the blog so much better.

[5] This argument, essentially a slippery slope argument, is also applied to making textual emendations. See, e.g. R. Y. Landau, Noda be-Yehuda Kama, Even ha-Ezer, 32; this issue is discussed by Y.S. Spiegel, Amudim be-Tolodot Sefer ha-Ivri Haghot u-Maghim, Ramat Gan, 2007, pp. 255-56.

David Glasner, an economist at the Federal Trade Commission, is a great-grandson of Rabbi Moshe Shmuel Glasner.

This is his first contribution to the Seforim blog.

Many readers of the Seforim blog may be interested, perhaps even pleased, to hear about the recent publication of a new volume containing a number of works of Rabbi Moshe Shmuel Glasner (1856-1924), chief rabbi (av beit din) of Klausenburg (1877-1923), one of the founding fathers of Mizrahi, author of Dor Revi’i on Hullin, Shevivei Eish on the Torah and on selected sugyot, as well as two volumes of posthumously published responsa (Shu”t Dor Revi’i is available online at HebrewBooks.org), and a new volume, entitled Ohr Bahir, which contains six previously published shorter works (kuntresim) that were published between about 1900 and 1915. In chronological order the six kuntresim are Haqor Davar published in 5661 (1900/01) which addresses the permissibility of conversion in cases of intermarriage; Ohr Bahir published in 5668 (1907/08) on the laws of mikva’ot and a defense of the kashrut of the Klausenburg mikveh against (likely politically inspired) aspersions on its kashrut; Yeshna li-Shehitah, on the laws of shehitah published in 5671 (1911); Halakhah l’Moshe published in 5672 (1911/12) on the laws of shehitah and bedikat ha-sakin; Matzah Shemurah on the requirement of shemirah for matzah and on the kashrut of machine matzah during Passover published in 5675 (1914/15); Hametz Noqsha on the sugya of hametz noqsha in Pesahim published together with Matzah Shemurah. In addition to these six previously published works, the volume also contains a previously unpublished responsum by the Dor Revi’i dating from about 1921 or 1922 as well as three short articles by my late father, Rabbi Juda Glasner, which were previously published in the rabbinical journal ha-Pardes.[1]

In a post at the Seforim blog entitled “From Ma’adanei Eretz to Kitvei Ma’adanei Eretz” (link), Rabbi Chaim Rapoport of London discussed the recent publication of a new volume of writings about shemitah by Rabbi Shlomo Zalman Auerbach entitled Kitvei Ma’adanei Eretz, which includes substantial portions of Rabbi Auerbach’s classic Ma’adanei Eretz, a book written specifically to address halakhic questions associated with shemitah. Rabbi Rapoport posed the question why Ma’adanei Eretz, a classic work that has been out of print for over 30 years, was not itself republished in its entirety. Rabbi Rapoport posited two reasons for its not having been republished. First, in Ma’adanei Eretz, Rabbi Auerbach discussed at length the heter mechirah, which, while not his preferred option, Rabbi Auerbach did regard as halakhically valid and treated respectfully as a legitimate option. Second, Rabbi Auerbach discussed at length, and with the utmost veneration, the halakhic positions of his mentor, Rabbi A. I. Kook. Rabbi Rapoport speculated that Haredi opinion regards both the heter mechirah and Rabbi Kook as being beyond the pale of acceptability. To allow contemporary readers ready access to Rabbi Auerbach’s opinions could evidently have two dangerous outcomes. Questions might arise in some minds about the justification for casting the heter mechirah and Rabbi Kook into the outer darkness, and, perhaps even more disconcerting, in other minds doubts might arise about Rabbi Auerbach’s position as a (or the) pre-eminent late twentieth century Haredi halakhic authority.

Rabbi Rapoport noted that this Haredi attitude toward Rabbi Kook had apparently caused the latter to be excluded from the index of authorities on the Rambam in the Frankel edition of the Mishneh Torah. In his Spring 2005 review of the Frankel Rambam in Jewish Action [PDF], Rabbi Rapoport commented on the exclusion of Rabbi Kook (along with such other luminaries as Rabbis Y.Y. Reines, I. Herzog, J. B. Soloveitchik and M. M Schneerson) from that index. He also pointed out with a certain hint of surprise that the filter against religious incorrectness that had apparently screened the above-mentioned authorities had not excluded the name of my illustrious ancestor from the index of notables despite my ancestor’s outspoken Zionism and other (from a Haredi perspective) problematical positions.

This somewhat rambling introduction is intended to set the stage for the following little drama in which I participated during the runup to the publication of the new volume of my great-grandfather’s writings. The idea for the volume began to take shape three or four years ago when my nephew decided that he would like to sponsor the publication of a volume of works by one of our many distinguished ancestors to mark the bar-mitzvah of his oldest son (which was celebrated b’sha’ah tovah u-mutzlahat a few weeks ago on Shabbat Shirah). I suggested to him the idea of republishing the five kuntresim of the Dor Revi’i, which had been out of print for nearly a century and are now almost unknown and unavailable. I took upon myself the task of re-typing the original into a Hebrew word-processor and to the best of my ability flagging problematic spellings, misprints, typos, etc., and providing as many references to citations as I could find on my own. We eventually retained a cousin in Israel to finish the editorial process (find remaining references for citations and add explanatory footnotes as needed) and to guide the project through its final stages. After the passing of my father, we decided to dedicate the volume to his memory as well as to the celebration of my great-nephew’s bar-mitzvah, and therefore included three short articles that my father had published. It was also agreed that I would write an introduction in which I would say something about the life and work of my great-grandfather and about my father.

By last August, when the editorial process was nearing completion, I had finished a draft of my introduction. In the introduction, I tried to give a brief account of the Dor Revi’i’s life and an appreciation of his (in my eyes heroic) character. To me it did not seem possible to portray his life or his character adequately without mentioning his dedication to Zionism and his large role in the founding of Mizrahi. I also thought that it was necessary to point out that he was very much alone among his colleagues in the Hungarian rabbinate in supporting Zionism and, as a result, was much abused and vilified. His response, however, was never in kind, only to work even harder to support and defend his positions with ever more powerful and more rigorous arguments. I also made mention of the high regard in which he was held by the gedolim of his time, e.g., by Rabbi Kook, to whom he became very closely attached after leaving Klausenburg in the spring of 1923 for Jerusalem where he spent the last 18 months of his life before his sudden passing during haqafot on the night of Shemini Atzeret in 1924. But I also pointed out that he was similarly esteemed by other gedolei ha-dor who were not known for their ardent Zionistic tendencies such as the Maharsham of Brezan (who wrote haskamot to Ohr Bahir and Matzah Sh’murah which are also included in this volume), R. Meir Simha of Dvinsk, R. Haim Ozer Grodzinski, and the Tchebiner Rav.

The draft of my introduction was shown to various members of my extended family. The Dor Revi’i had ten children, and the political and religious views of the descendants, as one might expect, cover a pretty wide spectrum of opinions. The feedback from the more Haredi sectors of the family was not positive.

The first objection that I received was from someone who considered it inappropriate to mention the Dor Revi’i’s close relationship with Rabbi Kook, inasmuch as it is no longer acceptable in Haredi circles to mention Rabbi Kook’s name. I was, to put it mildly, shocked when I heard this objection. I would not have been surprised by an objection to my mention of the Dor Revi’i’s Zionism, but I was not prepared for an objection to the mere mention of Rabbi Kook’s name. In view of the friendship between my great-grandfather and Rabbi Kook and the fact that Rabbi Kook had defended my great-grandfather against scurrilous attacks that had been made upon him,[2] I decided that I could not, on principle, delete Rabbi Kook’s name. But I also told my niece and nephew that if they wished, I would withdraw my introduction and they could substitute a more acceptable introduction by someone else in its place. Their response was that they did not want to publish the volume without my introduction and that I should continue to work on it.

Then the other shoe dropped. This time the objection came from a source with whom my niece and nephew have a much closer personal relationship than they have with the first complainant who had objected only to my mentioning Rabbi Kook’s name, but had not objected explicitly to my discussion of Zionism. The new complaint was that politics had no place in the introduction to a book (such as this) about halakhah, and that whatever my great-grandfather had meant by Zionism in his day, it was certainly much different then from what it is today. Moreover, it was asked, what purpose could possibly be served by revisiting all these old issues that no one really understands, or even cares about, today? I was taken aback by the criticisms to say the least, because it seemed to me that if my great-grandfather had devoted so much effort and suffered such heartache in working and writing and speaking on behalf of Zionism and had endured so much abuse as a consequence, then surely it would not be right to pretend that his mesirut nefesh for the sake of Zionism was null and void and unworthy of memory or mention. I then suggested a compromise in which I would delete the word “tzionut” and would substitute “shivat tzion” in its place. However, I said that I would not delete mention of his participation in the founding of Mizrahi and the 1904 conference in Pressburg. That proposal was shot down at once. I was told that in Haredi circles the very word “Mizrahi” is considered a form of nivul peh and that the social standing of my relatives in their communities would be at risk if it ever became known that they had an ancestor who had been a founder of such an organization. When I pointed out that it was a well-known fact that the Dor Revi’i was a Zionist, I was told that in their circles it was not well-known and they would do all they could to keep it from becoming well known.[3] At this point, I realized that my introduction would not be printed as it was, and rather than seek to rewrite it (there was not enough time for me to have done a decent job even if I had wanted to), I took out everything that I had written about my great-grandfather, but left intact the short account of my father’s life that I had written. To replace my introduction, my niece and nephew were able to secure at the last minute a contribution from Rabbi Avraham Yafe Schlesinger of Geneva and Jerusalem, who is also a great-grandson of the Dor Revi’i, a prolific author (several volumes of Shu”t Be’er Sarim) with, as far as I can tell, impeccable Haredi credentials, and who recently published a new edition of Shevivei Eish combined in one volume with a previously unpublished collection of drashot by the father of the Dor Revi’i, Rabbi Avraham Glasner (1825/26-1877) which he called Dor Dorshav.[4]

What is the deeper significance of this sad little tale? First, it solves the minor puzzle about which Rabbi Rapoport wondered in his Jewish Action review, namely, what made the Dor Revi’i an acceptable entry for the Frankel index of authorities when other luminaries of a similar ilk were not acceptable. The answer, I now understand, is that there is nothing that makes the Dor Revi’i more acceptable than the others beyond the (from my perspective) unfortunate fact that there are too few people around who know who the Dor Revi’i was and what his political and hashqafic beliefs were to make the appearance of his name objectionable to most contemporary Haredim.[5] It’s not a matter of the intrinsic acceptability of the authority, just a question of what one can get away with. If enough people recognize the name and associate it with taboo opinions, it has to go. If they don’t recognize it, or don’t know enough about it to mind, then gezunter heit. Second, it shows how extraordinarily powerful are the pressures to conform in Haredi society. Individuals and ideas that do not perfectly fit the accepted norms (and thereby suggest the possibility of different norms) of that society are literally taboo. To mention Rabbi Kook in the context of a halakhic discussion or as something other than an object of scorn is in wide sections of that community to cross a red line. For my Haredi relatives, it is truly a scary thought that their ancestor would be grouped together with one such as Rabbi Kook. I really am on very close and friendly terms with many of my Haredi relatives, including some who are and some who aren’t Dor Revi’i einiklakh, and I have great respect and admiration and very deep affection for them. But this episode has forced me to view their society from a new and, I regret to say, disturbing angle. In the course of my little encounter with Haredi sensibilities, I felt a whole range of emotions, but the one that remains after having (largely) gotten over it is compassion for people who actually have to live in fear lest the events of a life such as the one led by their very own ancestor, the Dor Revi’i, become known within the community in which they live.

Notes:
[1] For further information about my great-grandfather, the Dor Revi’i, see my “Rabbi Moshe Shmuel Glasner, the Dor Revi’i,” Tradition 32.1 (Winter 1998): 40-56, which is available, along with other translations of his various works — including all the divrei torah on the parshiot and hagim from Shevivei Eish and translations of various writings of his son and successor as chief rabbi of Klausenburg, Rabbi Akiva Glasner — online at www.dorrevii.org. If you would like to purchase a copy of Ohr Bahir ($20 a copy plus $3 shipping and handling for single copies), please contact me by email (tovi0214@verizon.net, please put “Ohr Bahir” in the subject heading). If you are in Israel and would like to purchase a copy, please contact Rabbi Shaya Herzog 04-697-4802 or 052-764-6975 for further information. If you are a book seller and would like to order copies, please contact me directly.

[2] The attacks were made in a pamphlet (Mishpat Tzedeq) published by the newly formed Sephardic community in Klausenburg, which was the creation of a small group consisting of perhaps one hundred families (out of a total Jewish population in Klausenburg that exceeded 10,000) who decided that they could no longer remain subject to the authority of a Zionist rabbi. The term “Sephardic community” was a sort of legal fiction designed to gain the recognition of the secular authorities that would recognize only one Orthodox community within a given town or district. The only “Sephardic” aspect of the community was that they recited prayers in “nusah s’fard.” Largely made up of Sigheter Hasidim, the group chose as their spiritual leader Rabbi Joel Teitelbaum, the future Satmarer Rebbe, whose older brother, the Atzei Haim, was then the incumbent Rebbe in Sighet, original seat of the family dynasty. R. Joelish never took up residence in Klausenburg, and after heading the Klausenburg Sephardic community for about five years, he vacated the position in favor of his nephew Rabbi Y. Y. Halberstam, who eventually was to become famous as the Klausenburger Rebbe. While the brilliance and charisma of the latter were already evident during his years in Klausenburg, he led a community that was never more than one or two percent the size of the community headed by my grandfather, and who, in his own right, was one of the leading rabbinical figures in Europe in the interwar period. It was only after Holocaust destroyed organized Jewish life in Hungary, and after he had left Klausenburg, that the adjective “Klausenburger” became routinely attached to Rabbi Halberstam. For the three quarters of a century prior to the Holocaust the title “Klausenburger Rav” was held by a Glasner. That, as such things go, is a fairly straightforward historical fact, and is not meant as explicit or implicit derogation of Rabbi Halberstam. Unlike his uncle, whose hostility to the successor of the Dor Revi’i was unrelenting, Rabbi Halberstam did maintain a civil, even friendly, relationship with my grandfather during his nearly twenty years in Klausenburg. After publication of Mishpat Tzedeq, the Orthodox community of Klausenburg published a pamphlet (Yishuv Mishpat, now available online on the website of the Jewish National Library in Jerusalem) opposing the breakaway community and defending my great-grandfather against the attacks leveled against him. Rabbi Kook contributed an open letter (a hyperlink to the letter is available at www.dorrevii.org) to the rabbis who allowed their opinions permitting the breakaway of the Sephardic community from the Orthodox community in Klausenburg to be published in a pamphlet containing slanderous accusations against the Klausenburger Rav whom Rabbi Kook described as “gadol ha-dor b’torah b’hokhmah, bi-z’khut avot, u-v’midot terumiot.”

[3] I was also told by one relative that he had it on good authority that after the Dor Revi’i arrived in Palestine and saw with his own eyes the disasters perpetrated by the Zionists, the Dor Revi’i repented of his Zionism and was subsequently shunned by his former Zionist friends. A rumor to this effect actually seems to have circulated during the lifetime of the Dor Revi’i, and a former resident of Klausenburg, Shlomo Zimroni, who settled in Israel after the Holocaust and wrote a number of works about the religious history of Klausenburg, refers to this rumor in a short article about my great-grandfather in Shana b’Shanah, published by Heichal Shlomo (5640): 434-39. He quoted from a letter that the Dor Revi’i wrote to a former lay antagonist who, having heard the rumor, wrote to invite his return to Klausenburg and to propose reconciliation. The letter quoted by Zimroni (pp. 436-37) makes emphatically clear that the writer had not changed his mind. The suggestion that the Dor Revi’i changed his mind about Zionism and was then shunned by his former friends is further refuted by the following story which, my father told me he had heard from his father, Rabbi Akiva Glasner, when his father sat shiva for his mother (the wife of the Dor Revi’i) in the early 1930s (when my father was probably in his mid-teens). According to my father, my grandfather said that when Rabbi Yosef Hayyim Sonnenfeld, a student of the Ketav Sofer, the Dor Revi’i’s uncle and (briefly) teacher, paid a shiva call at the home of the Dor Revi’i in Jerusalem, he begged forgiveness from the Dor Revi’i’s rebbetzin for not having attended the funeral of her husband. He said that he had not meant any disrespect by not attending and indeed had had every intention to attend the funeral, but had been misled as to the time of the funeral by his aides who did not want him to show public respect to a Zionist. That apology and explanation would obviously not make any sense had the Dor Revi’i renounced his Zionist opinions and had he been shunned by his former Zionist friends. In that case, why would Rabbi Sonnenfeld’s handlers have wanted to prevent a show of public respect by Rabbi Sonnenfeld to the Dor Revi’i? Such inventions of “b’sof yamav” have become a characteristic of of Haredi oral traditions (urban legends) and historiography as Rabbi Rapoport noted in footnote 10 of his posting.

[4] Avraham Glasner was a talmid muvhaq of the Ketav Sofer. He married Raizel Ehrenfeld (daughter of Dovid Tzvi and Hindel Ehrenfeld), a niece of the Ketav Sofer and the oldest granddaughter of the Hatam Sofer. In his twenties, he was appointed chief rabbi of Gyonk, Hungary, and after eleven years in that position he became chief rabbi of Klausenburg. He served in that position for 14 years until his premature death at the age of 52. His only son, Moshe Shmuel, though only 21 years old, was appointed to succeed him on erev Hanukah in 1877. Moshe Shmuel was the oldest great-grandchild of the Hatam Sofer, which along with the implicit Zionistic allusion, was the reason that he chose “Dor Revi’i” as the title of his great work.

[5] It’s therefore somewhat comforting to know that the memory of the Dor Revi’i is being kept alive, if not exactly well, among the Satmarers. They have long memories and nurse their grievances with care and feeling. Thus in volume six of the official biography of the Rebbe, Reb Joelish, unpretentiously entitled Moshian shel Yisrael, there is a whole chapter that is largely devoted to my great-grandfather. The title of the chapter is “milhemet ha-shem neged amaleq.”

Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is a frequent contributor to the Seforim blog and his most recent posts are “Forgery and the Halakhic Process” and “Forgery and the Halakhic Process, part 2.”

The post below was written as part of “Forgery and the Halakhic Process, part 2,” which the baale ha-blog have split up for the convenience of the readers of the Seforim blog. As such, the footnotes continue from the conclusion of the previous post.

by Marc B. Shapiro

1. Some were not completely happy with an example I gave of an error in the Chavel edition of Ramban in a previous post at the Seforim blog. So let me offer another, also from one of Ramban’s talmudic works (since that was the genre I used last time). In Kitvei Ramban, 1:413, Chavel prints the introduction to Milhamot ha-Shem. The Ramban writes:

In his note, Chavel explains the last words as follows:

Yet what Ramban means by למתחיל פרק אין עומדין are the children who begin their talmudic study with Tractate Berakhot. In other words, it is only the explanations and pesakim of the Rif that are obvious even to the beginner that have not been challenged.[21]

Regarding the example I gave in my last post at the Seforim blog, I forwarded to R. Mazuz one of the questions I received, which dealt with the form of the verb אסף found in the Ramban:

He answered as follows:

I must note, however, that while R. Mazuz’ understanding of Ps. 105:25 is in line with the Targum, this is not how the standard Jewish translations understand the verse.

(Shortly before writing this, I read about the outrage taking place in Emanuel, where in the local Beit Yaakov Sephardi students are being segregated from Ashkenazim to the extent that the two are not even permitted to play together. The Shas party has referred to this as nothing less than Apartheid, which it surely is.[22] What’s next? Mehadrin buses where the Sephardim sit in the back? Of course, when this happens the justification given will once again be that Ashkenazim are on a higher spiritual level and that’s why they can’t sit with Sephardim, not that they are racist, chas ve-shalom.

I mention this because R. Mazuz has made a comment that is relevant in this regard. Speaking to Ashkenazim who like to imagine the tannaim as “white”, he has called attention to Negaim 2:1, where R. Yishmael states that Jews are neither black nor white, but in between. In other words, the tannaim looked like Sephardim.)

2. One of the e-mails to me stated that we Modern Orthodox types love to criticize Artscroll, but how come we never point out errors in the Rav’s works. I can’t speak for anyone else, and it is true that the Rav has now assumed hagiographic standing, meaning that it has become much harder to criticize him or point out supposed errors in his works. However, if I detect what I think is an error I will definitely call attention to it, and I believe the Rav would expect as much, for this is a sign that you are taking his writing seriously. If the Rambam could make careless errors (the focus of a large section of my forthcoming Studies in Maimonides and His Interpreters, available for pre-order on Amazon for only $8) then anyone can err, and it is no disrespect to call attention to these errors. There are actually a number of seforim which have sections in which they call attention to careless errors or things overlooked in the writings of various aharonim.

I understand why students of the Rav and his modern day hasidim might be reluctant to do so, but I never had any real relationship with him and can approach matters as an outsider. My only connection to the Rav was one summer in the Boston kollel (1985, the last year of the kollel. When I lived in Brookline in the 1990’s the Rav was no longer well). I was, however, privileged, together with Rabbi Chaim Jachter, to drive him back and forth to the Twersky’s house, and was thus able to hear some memorable things from him which I will record in a future post at the Seforim blog.

While on the topic of the Rav, let me also state that I used the Rav’s Machzor on Yom Kippur. I found the commentary uplifting and great credit must go to Dr. Arnold Lustiger for the effort he put into the volume. But there is one thing in the Machzor that annoyed me. It relates to what is called Hanhagot ha-Rav. This section includes all of the various practices of the Rav. This is certainly worth knowing and it wouldn’t have bothered me had it simply appeared at the beginning of the Machzor. But that is not the case.

Before I explain the problem, let me start with the following: A number of years ago I asked Prof. Haym Soloveitchik what the practice of his father was in a certain matter. His response was short and crisp. He told me that he never answers questions about his father’s hanhagot, and that to do so would be in total opposition to his father’s outlook.

I assume that today, if it was clear that my concern was of an academic nature, he would be more forthcoming. But back then I was another unknown kid writing to him trying to find some interesting practice of the Rav.

The way I understood Prof. Soloveitchik is that his father, like many gedolim, had practices that diverged from the mainstream. They came to these practices based on their original reading of the sources. Yet these were entirely private practices, reserved at most for other family members and perhaps some very close students. Because they went against the mainstream, they were not for mass consumption. Along these lines, R. Zevin reports, in his article on R. Hayyim Soloveitchik in his Ishim ve-Shitot, that it was such an outlook that explained why R. Hayyim did not want to decide practical halakhah. His original mind would lead him to overturn many accepted halakhot, yet he was not prepared to do so.

Returning to my problem with the Rav’s Machzor, we are told the following in this book: The Rav reversed the order of the final two phrases in the benediction ולירושלים in the Amidah, saying וכסא דוד מהרה לתוכה תכין prior to saying ובנה אותה בקרוב בימינו בנין עולם. This is the way the Sephardic siddurim have it, but certainly the Rav did not expect the entire Ashkenazic world to abandon their long-standing practice because of his practice. Yet when this paragraph (in minhah before Yom Kippur and maariv following Yom Kippur) appears there is a note telling people how the Rav read it. This is certainly encouraging people to abandon the Ashkenazic tradition in favor of the Rav’s reading. From all that I know about the Rav, this is not something he would have wanted.

Another example is that we are told that the Rav omitted the blessing הנותן ליעף כח as it is post-Talmudic. What possible purpose can such information have when provided on the page where this blessing appears, other than to lead people to omit the blessing? Is one to assume that the Rav really wanted people to reject the universal Ashkenazic practice? The Rav never got up at an RCA convention and told people that this is what they should do. Even at the Maimonides minyan and school there is no official minhag to omit this blessing. R. David Shapiro reported to me that almost all those who daven from the amud at the Maimonides synagogue minyan recite the blessing, and everyone does so at the Maimonides school minyan. Yet I wonder how many followers of the Rav are now omitting the blessing after seeing what appears in the Rav’s Machzor.

There are other examples, and as I said above, I don’t believe that this information should be secret. However, when you put it on the relevant pages of the Machzor, where the instructions to the worshipper are designed to be for practical application, you are telling people that if they see themselves as followers of the Rav, then they should follow his practices.

Since my correspondent made the false assumption that I would never point out an error of the Rav, and indeed almost challenged me, let me offer one. In Halakhic Man, page 30, in writing about halakhic man’s relationship with transcendence, the Rav writes:

It is this world which constitutes the stage for the Halakhah, the setting for halakhic man’s life. It is here that the Halakhah can be implemented to a greater or lesser degree. It is here that it can pass from potentiality into actuality. It is here, in this world, that halakhic man acquires eternal life! “Better is one hour of Torah and mitzvot in this world than the whole life of the world to come,” stated the tanna in Avot [4:17], and his declaration is the watchword of the halakhist.

I am not an expert in scholarship on the Rav,[23] so I may have missed it, but I have not seen any articles on Halakhic Man which call attention to the fact that the Rav has misquoted Avot. What the Mishnah says is “Better is one hour of repentance and good deeds in this world than the whole life of the world to come.” Also surprising to me is that the learned translator did not mention the problem with the Rav’s quotation.[24] Is it possible that the Rav’s intellectualism and “halakho-centrism” led him to unknowingly replace בתשובה ומעשים טובים with בתורה ומצוות?

While on the topic of the Rav, which is always of interest to people, let me note another error in the Rav’s writings, although this time the printer is at fault.[25] It has been reprinted a number times and the sentence has also appeared in translation. I realize that it is difficult to say that a text that appeared in the Rav’s own lifetime a few times without correction is a mistake, so I would love to be proven wrong. Yet it does seem that we are confronted with a typo. I would assume that the Rav never knew of the mistake, since people often don’t read their own material after it appears in print. In “U-Vikashtem mi-Sham”[26] the Rav writes:

Can there be any doubt that instead of הר”י the text should read רש”י?

R. Aharon Kafih, in his new book Minhat Aharon, 416, calls attention to a similar type of error in Shiurim le-Zekher Abba Mari, 1:14-15, n. 5 (I don’t have this book, so I can’t determine if Kafih is correct). Here the Rav writes:

Kafih writes:

3. A few people asked me about R. Mazuz’s reference to the homosexual poem in Judah Al-Harizi’s Tahkemoni (see my previous footnote 15, here). The relevant section, which appears in Gate 50, reads as follows

The translation is:

To a man who wrote a poem full of filth and lewdness

Were Amram’s son to see my friend’s face
Blushing when he drinks strong drink
And for the loveliness of his locks and the splendor of his beauty
He would not have inscribed in his Torah
“If a man lie with mankind” (cf. Lev. 20:13).[27]

Following this, Al-Harizi, quotes the poems of nine others, and himself, who condemn the homosexual poet. Some contemporary readers might be shocked to see the language used. It is certainly not anything that those preaching a message of “hate the sin and love the sinner” vis-à-vis the gay community – and this includes R. Chaim Rapoport, the world’s expert on halakhah and homosexuality – would endorse. For example, one of the poems reads:

He who sells the sanctity of God for defilement
Let him quickly be sold into the hand of the slayer.

Another reads:

Almighty, deliver speedily into the hand of death
The man who has sold Thy law into sin.

In fact, all of the poems quoted by Al-Harizi call for the gay poet to be struck down, in one way or another.

The gay poet speaks of the face of the young man, and this is actually a popular theme. In particular, the poets focus on the cheeks. There are a number of examples of this in R. Moses Ibn Ezra and Ibn Gabirol, but let give two examples from R. Judah Halevi:

This means “From his cheeks is my spice garden, as poison comes from his eyes.”[28] Brody notes that the first part is working off Song of Songs 5:13, where the woman says לחיו כערוגת הבושם, “His cheeks are as a bed of spices.” The last section means, to use a modern expression, “his look can kill.” That is, if he gives you non-approving look, it is crushing.

Elsewhere, Halevi writes:[29]

In Norman Roth’s translation: “Cheeks like coals of fire on a pavement of marble,” or as he paraphrases, “ruddy cheeks on pale skin.”[30]

I was asked about the meanings of these poems. I am hardly expert in this area and must leave it to others to determine the exact sense. There has been some dispute about them, although the current scholarly consensus is not something that will make the Orthodox community very happy.[31] I would like to believe that Nehemiah Allony is correct that all of these poems are to be understood as simple imitations of the dominant Arabic style, or as akin to the Song of Songs, where the love poems are to be understood allegorically as symbolizing spiritual matters. R. Shmuel ha-Nagid actually says this explicitly about his poems dealing with man-boy love.[32] (I think we can all agree that writing such verse today will certainly, and deservedly, get a rebbe fired![33])

The issue of homosexuality in the medieval Jewish world even came into the great conflict between R. Saadiah Gaon and David ben Zakkai. This was because the future gaon of Pumbeditha, R. Aaron ben Joseph ha-Kohen Sargado, who was on David ben Zakkai’s side, accused R. Saadiah of having homosexual relations with young men. If that is not bad enough, he adds that this was done with sifrei kodesh in the room and that witnesses can attest to it![34] This is, of course, an abominable accusation, and Harkavy, in his introduction (p. 223), apologizes for having to print what he terms

Of course, this is hardly the first example of rabbis, even great ones, hurling outrageous accusations at each other, but it is hard to find anything more disgraceful than this. The only example I can think of that is in this league is found in R. Jacob Emden’s Hit’avkut, 76b-77a, where he publicizes the disgusting accusation that R. Jonathan Eybeschütz fathered a child with his own daughter! If that’s not bad enough, this horrible story is repeated by R. Marvin Antelman in his Bekhor Satan, 37-38. (Antelman and his unusual writings deserve their own post at the Seforim blog.) It was regarding this sort of mudslinging that R. Zvi Yehudah Kook is quoted as follows (Gadol Shimushah [Jerusalem, 1994], 20):

Academic scholars such as Scholem have also noted the destructive affect on traditional Jewish society of the battle against Sabbatianism in general, and the Emden-Eybeschütz conflict in particular.

4. Since in my earlier post at the Seforim blog on the Eshkol I mentioned R. Yitzhak Ratsaby, and his negative attitude towards R. Joseph Kafih, I should note that one of Kafih’s students, R. Aharon Kafih (no relation) has recently published his Minhat Aharon.[35] On pages 211 n. 13 and 255 n. 45, there are some very strong attacks on Ratsaby, even accusing him of plagiarism. He also mentions how Ratsaby, when he needs to quote something from R. Yihye Kafih (known among his followers as מו”ר הישיש), will omit the last name so that people won’t know to whom he is referring. As Tamir Ratzon has pointed out, in the 1970’s Ratsaby referred positively to R. Joseph Kafih,[36] yet unfortunately, this is no longer the case. In fact, R. Aharon Kafih reports that Ratsaby tells people that it is forbidden to have any of R. Joseph Kafih’s books, and they must be burnt![37]

This dispute between Ratsaby and Kafih is simply a continuation of the great Yemenite dispute over the legitimacy of Kabbalah. It began with Kafih’s grandfather, R. Yihye, who stood at the head of the anti-Kabbalah forces.[38] Matters reached such extremes that the pro-Kabbalah side was successful in having R. Yihye thrown into jail (much like some mitnagdim conspired to have the same done to R. Shneur Zalman of Lyady). Here is the cover of a rare pamphlet published about 20 years ago. It is directed against both R. Yihye and R. Joseph.5. In my earlier post at the Seforim blog I referred to the anti-Habad book Ve-Al Titosh Torat Imekha. A few people asked me how they can get this book. The author, who wishes to remain anonymous so that he can be spared the personal price paid by anyone who goes up against Habad messianism, told me that when I quote his letter (see below). I should also announce that anyone who is interested in the book should write to him at the following address

This book is interesting because you see that the author is somewhat conflicted. On the one hand, he recognizes how great the Rebbe was and all the positive things Habad has accomplished. On the other hand, he sees what is going on today and reluctantly concludes that the Rebbe himself crossed the line into heretical statements. I asked him why, if he thinks the Rebbe advocated heretical notions, he still shows him great respect? Why doesn’t he treat him as an enemy of traditional Judaism, as he would all others who advanced heresy? He wrote to me as follows.

So Rabbi Halevi feels that the Lubavitcher Rebbe denied certain of Maimonides Principles and yet he won’t regard him as a heretic because of all the good he accomplished. Once again, theological error in the Thirteen Principles, and the consequences that are supposed to result from this, have been trumped by other considerations. I don’t know how many more examples I need to bring where even the most traditional scholars are not prepared to accept Maimonides’ statement that rejection of one his Principles ipso facto removes one from the faith.[39] Of course, followers of the Rebbe will deny that he has violated any of Maimonides’ principles, but what is important for my purpose is that Rabbi Halevi has no doubt, and elaborates at length, on how the Rebbe has indeed done so. Yet despite this, he still does not regard him as a heretic.

6. In my earlier post at the Seforim blog I wrote that it is unfortunate that one of the only things R. Joseph Messas is known for is being the posek who permitted married women to uncover their hair. Someone wrote to tell me that he was not the only Moroccan rabbi to do so, as R. Moshe Malka, the late chief rabbi of Petah Tikvah, also ruled this way in his responsa Ve-Heshiv Moshe. (Malka published six volumes of responsa entitled Mikveh ha-Mayim; I don’t know why, for his last volume, he picked a new title). The correspondent began his e-mail regarding Malka by noting “I don’t know if you are aware . . . ” In fact, I am well aware of Rabbi Malka’s teshuvot on this topic, as they were addressed to someone I know very well. Since not everyone has access to the volume, here are the responsa. A quick internet search revealed that R. Irving Greenberg picked up on this source.[40] (He obviously saw it in one of R. Michael Broyde’s articles, as Greenberg also cites R. Yehoshua Babad, whose understanding of women’s hair-covering has been one of the bases for Broyde’s own lenient opinion in this matter, and it was Broyde who first publicized Babad’s view.)

7. In my last post at the Seforim blog I mentioned that the version וכל נוצר יורה in Yigdal is found in Birnbaum but not in earlier sources. Noam Kaplan pointed out that this is incorrect and that it is found in at least two early siddurim.[41] It is incredible that Abraham Berliner, who was an expert in manuscripts and early prayer books, overlooked this. R. Mazuz was also unaware of this version, and the Siddur ha-Meduyak only gives וכל נוצר יודה as an alternate. I am grateful to Noam for the correction. It is a good illustration of how the accumulated knowledge of many readers is a great help to all of us.

8. In my first post on the Eshkol, I raised the issue of whether one can accept a pesak even if one is convinced that it is incorrect from the standpoint of modern scholarship. I quoted Prof. David Berger’s view that it is acceptable to do so. Subsequently, I found that Berger also discusses this matter in a recent essay, where he raises the problem without advocating any position.

In the realm of concrete decision-making in specific instances, it is once again the case that the impact of academic scholarship does not always point in a liberal direction. In other words, the instincts and values usually held by academics are not necessarily upheld by the results of their scholarly inquiry, and if they are religiously committed, they must sometimes struggle with conclusions that they wish they had not reached Thus, the decision that the members of the Ethiopian Beta Israel are Jewish was issued precisely by rabbis with the least connection with academic scholars. The latter, however much they may applaud the consequences of this decision, cannot honestly affirm that the origins of the Beta Israel are to be found in the tribe of Dan; here, liberally oriented scholars silently, and sometimes audibly, applaud the fact that traditionalist rabbis have completely ignored the findings of contemporary scholarship.[42]

I have to say that I too struggled with this question, as I was involved in the Ethiopian Jewry cause.[43] My first trip there, in 1987, was memorable, as we were the first group allowed into the villages of Gondar after Operation Moses. (It was also great to be together with Rabbi Dr. Ari Zivotofsky, who in recent years has done such important work on various communal traditions that are in danger of being forgotten.) Yet I vividly recall how even then, when I was quite young, I knew that the notion of the Ethiopian Jews being descended from Dan was a legend without any historical value. The Ethiopians themselves never claimed that they had any connection to the tribe of Dan.

The legend goes back to Eldad ha-Dani and was accepted as authentic by the Radbaz.[44] Based on this, and some other sources that accepted this spurious identification, R. Ovadiah Yosef declared the Ethiopian Jews halakhically Jewish. I regarded R. Ovadiah as a hero for taking this step. Truth be told, I didn’t care how he arrived at this decision; I was just happy he did. My attitude was that it is not for me to be mixing in on these matters, even if I know that certain things being stated don’t stand up to scholarly scrutiny. After all, halakhah operates as an independent discipline with its own rules. The halakhic “truth” need not be identical with what an outsider observer would regard as truth.

Notes:

[21] See R. Meir Mazuz’ note in R. Hayyim Amselem, Minhat Hayyim, 2:15. Incidentally, Amselem is currently a Shas party member of the Knesset. See here.

[22] See here.

[23] Despite this, I am happy to report that I recently discovered a number of interesting letters from the Rav which Prof. Haym Soloveitchik kindly gave me permission to publish. Other than this, my only contribution to studies of the Rav – and I record this only to set the historical record straight – was in locating the material relating to the Rav’s time at the University of Berlin. I gave copies of it to both Dr. Atarah Twersky and the late Dr. Manfred Lehmann for him to publish it in his weekly column in the English section of the Allgemeiner Journal. (How I came to know Dr. Lehmann and why I gave him the material is a story unto itself.) This then became his famous article, “Rewriting the Biography of the Rav,” which has been referred to many times. See here. I am never mentioned in the article, and he even writes, with reference to the Rav’s diploma: “But the fact that it is still housed in Berlin, where I got the copy, might indicate that the Rav never received it, or that he got the original while a copy was kept in the Berlin file — which, together with all other correspondence — survived the war and the near-destruction of Berlin” (emphasis added; when I gave her the material, Dr. Twersky told me that she already had a copy of the diploma). In R. Rakefet’s biographical introduction to his book on the Rav, page 68, he writes: “The author’s student Marc B. Shapiro obtained a copy of a curriculum vitae prepared by the Rav for the University of Berlin while engaged in research for his doctoral dissertation on Rabbi Jehiel Jacob Weinberg. Dr. Manfred Lehmann later published this information about the Rav. . . .”

[24] Lawrence Kaplan went through the entire English translation of Halakhic Man with the Rav. See his “On Translating Ish ha-Halakhah with the Rav: Supplementary Notes to Halakhic Man,” The Commentator (10/23/06), available online. We can therefore view Lawrence Kaplan’s edition as an authorized translation. This makes Marvin Fox’s criticism of one of Kaplan’s translations a bit strange, unless Fox assumed that the Rav didn’t always pay the closest attention to what was in the English. See Marvin Fox, “The Unity and Structure of Rav Joseph B. Soloveitchik’s Thought,” Tradition 24:3 (Spring 1989): 63, n. 7.

[25] I should also note two errors the Rav made in his evaluation of communal matters. 1. He was strongly opposed to changing the charter of YU and turning RIETS into an “affiliate.” Dr. Belkin had been assured by the lawyers he consulted that the change was only a technicality, and that the school would continue to run no differently than before. Yet there were a few hotheads who had the Rav’s ear and had convinced him that this meant the end of Yeshiva University as a real Torah institution. The story of how the Rav, in front of hundreds of people, challenged Belkin on this point, and how Belkin pulled the microphone away from him, has been repeated many times. I have been told (although I don’t know if it’s true) that following this episode YU refused to permit the Rav to speak at university events. With the benefit of hindsight, it is obvious that Belkin was correct and the character of YU did not change. (This reminds me of the doomsayers, and those who were saying tehillim, when it was announced that a non-rabbinic figure would become president of YU. Here again, nothing changed). 2. The second example is the Rav’s firm belief, and in this he was in agreement with R. Jehiel Jacob Weinberg, that a haredi society, and certainly real hasidic societies, could never flourish in the U.S. Here too he was mistaken (as were most observers). This latter error is very important for the Rav’s right-wing students, for they would like to believe that as he saw the development of American Orthodoxy in the 1970’s his view about the necessity for higher secular education changed. One of his leading students has stated on a number of occasions that the Rav could not be a part of Agudah in the 1950’s because the organization opposed all secular education. But today the Agudah convention is filled with lawyers and other professionals, and therefore the Rav would have no reason to leave Agudah – as if the Rav’s position on religious Zionism was not an important factor of his Weltanschauung. For the haredi world, one of the Rav’s great errors was his description of the differences between the Chazon Ish and the Brisker Rav, as expressed in the eulogy he delivered for the latter. During this eulogy R. Dovid Cohen famously screamed his protest at what he thought was the disrespect shown to the Chazon Ish. The Rav’s wife yelled that he should be taken out, and none other than R. David Hartman physically forced Cohen out of the hall. A few weeks ago R. Rakefet faxed me some pages from a new book on the Brisker Rav. Lo and behold, this hagiography says exactly what the Rav said, to wit, the Chazon Ish was prepared to engage in some flattery vis-à-vis Ben Gurion for the sake of kelal Yisrael, but the Brisker Rav was such an ish emet that no matter how good the cause he couldn’t bring himself to do this.

[26] Joseph B. Soloveitchik, Ish ha-Halakhah: Galui ve-Nistar (Jerusalem, 1979), 230.

[27] The translation is that of Victor Emanuel Reichert, The Tahkemoni of Judah al-Harizi (Jerusalem, 1973), 2:404-405 (with slight changes).

[28] Judah ha-Levi, Divan, ed., Heinrich (Hayyim) Brody (Berlin, 1894-1930), 15.

[29] Ibid., 31.

[30] Norman Roth, “‘Deal Gently with the Young Man’: Love of Boys in Medieval Hebrew Poetry of Spain,” Speculum 57:1 (1982): 47.

[31] See Raymond P. Scheindlin, Wine, Women, and Death: Medieval Hebrew Poems on the Good Life (New York, 1986), 77-89.

[32] See Nehemia Allony, “The ‘Zevi’ (=Nasib) in the Hebrew Poetry in Spain,” Sefarad 23 (1963): 311-321. Norman Roth, “‘My Beloved is like a Gazelle’: Imagery of the Beloved Boy in Religious Hebrew Poetry,” in Wayne R. Dynes, and Stephen Donaldson, eds., Homosexuality and Religion and Philosophy (New York, 1992), 271-293, only sees allegory in the religious poems, not the shirei hol.

[33] Part of the problem in responding to the current scandal of sexual abuse is that halakhah, as it has been understood in the past, often stands in the way. For example, R. Menachem Mendel Schneersohn (the third Lubavitcher Rebbe) in Tzemah Tzedek, Yoreh Deah, #237, was asked the following question: A rabbi was playing with a young man on Purim and stuck his hands into the pants of the youth. The rabbi claimed that he did so because he was unable to perform sexually. He thought that this was due to his small testicles and he wanted to see if he was unusual in this regard. In other words, the rabbi was conducting a medical examination on the boy. The Tzemah Tzedek decided that the rabbi should not be removed from his position, as he provided a good explanation for his behavior. One can only wonder how many other boys were subjected to this rabbi’s medical examinations. Regarding another problematic decision, this time by the Aderet, see here.

[34] Abraham Harkavy, ed., Zikaron la-Rishonim (St. Petersburg, 1892), 5:230. Henry Malter writes as follows about R. Aaron (Saadia Gaon [Philadelphia, 1942], 113, 114):

This man hardly deserves the respect and consideration usually accorded to him by modern authors. He may have been a great scholar, as is attested by contemporary sources, and he may also have possessed other good qualities – liberality, devotion to communal interests, and the like. But from all that is related of him in the same sources, he was also a man of violent, quarrelsome, and vindictive temper, and of an absolutely tyrannical bent of mind. . . . Morbidly vainglorious and ambitious, he bore a grudge against the generally admired scholar [R. Saadiah], which may have been enhanced by the latter’s independent spirit and perhaps open disregard for his person.

[35] It is only recent years that scholars have begun to take advantage of Kafih’s enormous contribution to the study of the Mishneh Torah, and R. Aharon Kafih is at the forefront in this area.

[36] “Maharitz u-Minhagei Sefarad,” Mesorah le-Yosef 1-2 (Netanya, 2007), 121, n. 69.

[37] For R. Ovadiah Yosef’s recent condescending reference to Ratsaby, see here.

[38] The most recent article on the topic is Mark S. Wagner, “Jewish Mysticism on Trial in a Muslim Court: A Fatwa on the Zohar – Yemen 1914,” Die Welt des Islams 47:2 (July 2007): 207-231 (called to my attention by Menachem Butler). Here is a famous picture of R. Yihye. It is hanging in R. Joseph Kafih’s house and was sent to me by a friend.

[39] At my request, Rabbi Daniel Eidensohn asked R. Moshe Sternbuch to explain how he can declare that R. Nosson Slifkin’s ideas are heresy, but Slifkin himself is not to be regarded as a heretic. He replied that he holds like the Ra’avad, i.e., that kefirah be-shogeg does not turn a person into a heretic.

[40] Nancy Wolfson-Moche, ed., Toward a Meaningful Bat Mitzvah (Florida: Targum Shlishi, 2002), 30, available online here.

[41] See here (Bologna, 1540), 28, and here (Lisbon, 1490), 10.

[42] “Identity, Ideology and Faith: Some Personal Reflections on the Social, Cultural and Spiritual Value of the Academic Study of Judaism,” in Howerd Kreisel, ed., Study and Knowledge in Jewish Thought (Beer Sheva, 2006), 27.

[43] I also wrote two articles on the topic. See my “Return of a Lost Tribe: The Unfinished Exodus of the Ethiopian Jews,” The World & I 3 (April 1988), available online; and “The Falasha of Ethiopia,” The World & I 2 (December 1987), available online.

Contrary to what it says at the beginning of these articles, I didn’t live with the Ethiopian Jews. Unfortunately, the online versions do not contain the beautiful pictures I took. Here are a few pictures (the men were religious leaders of the village). The book in strange script is the Torah written in Ge’ez. My second trip to Ethiopia was in August 1991, a few months after the overthrow of the Mengistu communist regime. There was still a nighttime curfew in effect during this period and I did not go with a group. While in Addis Ababa I was lucky to become friendly with Asher Naim, the Israeli ambassador. Although this is a story worth telling, for now let me simply recommend his book Saving the Lost Tribe: The Rescue and Redemption of the Ethiopian Jews.

[44] In his famous letter urging that the Ethiopian Jews be rescued, R. Moshe Feinstein also expresses doubts about whether the Radbaz’ information about their origin was accurate. See here.

I can’t find R. Moshe’s letter in Iggerot Moshe (although a different letter, dated one day later, is found in Iggerot Moshe, Yoreh Deah 4, # 41).