Rav Aryeh Tzvi Frommer HY”D: סנגורם של ישראל

 Rav Aryeh Tzvi Frommer HY”D: סנגורם של ישראל

A Closer Look At One of the Greatest Defenders of the Common Jew in Modern Times[1]
Rosh Yeshiva of Yeshivat Chochmei Lublin, Av Beit Din of Kozoglov, Author of Responsa Eretz Tzvi, Siach Ha-Sadeh, Doreish Tov Le’amo[2]

     By Alon Amar

הכל מלמדין זכות” – משנה סנהדרין ד:א”

In the fall of 1933, immediately after the death of Rabbi Meir Shapira zt”l – Rosh Yeshivat Chochmei Lublin, an article appeared in the “Lubliner Tugenblatt” newspaper. The title reads “Who will be the next Rosh Yeshiva?” The article references multiple distinguished candidates for the prestigious appointment, including Rav Menachem Zemba hy”d and Rav Dov Berish Weidenfeld zt”l – The Tchebiner Rav. Interestingly enough, the eventual successor to Rabbi Meir Shapira, was not even mentioned in the article, though his greatness in Torah learning and piety was on par with those aforementioned geonim. Rav Aryeh Tzvi Frommer Hy”d (RATF), also known as The Kozoglover Gaon, was chosen as the next Rosh Yeshiva of Yeshivat Chochmei Lublin and served at its helm until it’s closure during World War II. His unique legacy expanded beyond the four walls of the yeshiva where he inspired and taught students. Through his responsa he engaged real-life issues creatively defending many customs of questionable halachic standing and created the mishna yomi program allowing all Jews, both scholars and laymen, to complete the entirety of Torah Sheb’al peh. His preoccupation with the spiritual needs of the full spectrum of jewry, and the creativity he employed for this task remain defining hallmarks of his inspiring legacy.

Brief Biography

RATF was born in Czeladź, Poland in the year 1884[3]. His father Hanoch-Hendel made his living as a tailor[4] and RATF’s mother Miriam-Kayla passed away when he was three years old.[5]He was sent to study in heder in the town of Wolbrum, residing by relatives of his mother. Some of his formative years of development in Torah learning occurred after leaving Wolbrum to study in the Yeshiva Ketana of Amstov, Poland[6]. The dean of the yeshiva, Rabbi Efraim Tzvi Einhorn zt”l recognized the unique abilities and challenges of the young orphan and took great care in supporting the young boy’s spiritual & physical development.[7] [8]

Rabbi Efraim Tzvi Einhorn Zt”l – Rosh Yeshiva Amstov, Poland

At the age of thirteen, RATF made his way to the court R’ Avraham Borenstein known as the “Avnei Neizer”[9] in Sochaczew (Sochatchov), Poland. Reb Leib Hirsch as RATF came to be known (Yiddish translation of Aryeh Tzvi), studied assiduously under the Avnei Neizer for five years developing a reputation as notable young Torah scholar in Poland and a close student of the venerable Avnei Neizer.[10] RATF was exposed to the unique combination of halacha, gemara, kabbalah and chassidut interwoven in the thought of the Avnei Neizer. At the time the Avnei Neizer was one of the leading poskim of the generation. RATF subsequently married Esther Shweitzer and spent the next eight years studying in the home of his father-in-law. Despite moving  away from his beloved rebbe, RATF maintained close ties with the Avnei Neizer, visiting on holidays as well corresponding on Torah topics.[11]

When the Avnei Neizer passed away in 1910, his son R’ Shmuel Borenstein[12], the “Shem Mi’Shmuel” was crowned the heir to his father’s chassidic court; becoming the second scion of the Sochatchov dynasty. On his father’s first yahrzeit, the Shem Mi’Shmuel established Yeshivat Beit Avraham in his memory. The Shem Mi’Shmuel appreciated the unique talents of RATF, and invited him to be the Rosh Yeshiva of Beit Avraham at the age of 27[13]. It was during this period of learning & teaching that RATF published his first work; Siach Ha’Sadeh. In it, RATF dealt with various talmudic topics with central themes of hilchot berachot & tefillah. The work came with laudatory approbations from leading scholars of the time including: Rav Meir Arik,[14] Rav Yosef Engel[15] and others.[16]RATF remained the Rosh Yeshiva of Beit Avraham, until the city of Sochatchov was destroyed in World War I.

Rabbi Shmuel Borenstein Zt”l – (Shem Mi’Shmuel) The second Sochatchover Rebbe

Cover page of Siach Hasadeh; Pietrikov 1912

The Frommer family had grown to a total of six children, relying on RATF as he sought his next job opportunity. His uncle, Rabbi Yitzchak Gottenstein, the rabbi of a small town in Poland, Koziegłowy (Kozoglov), had passed away and the community needed a new Rabbi. The community was small, and the financial opportunity was no greater. However, due to lack of alternatives this would be RATF’s next stop. There, RATF established a small yeshiva and continued his learning and teaching, jump-starting an environment of Torah learning and scholarship in the small town. Although his tenure there did not last particularly long, he would be forever known by the appellation; “The Kozoglover Gaon”.

After leaving Kozoglov[17], RATF headed to Zbeirtza, Poland. The community of Sochatchover chassidim that lived in the city of Zbeirtza, were “laymen” of an extraordinary caliber. Many of them students of the Avnei Neizer, providing context to appreciate the uniqueness and caliber of RATF and his erudition. RATF had developed into a combination of a classical scholar, chassid and tzadik that made him such a sought-after leader. He was knowledgeable in all areas of the revealed Torah as well as kabbalah and chassidut as is evident from his works. Additionally, he would arise at midnight to recite “tikkun chatzot” and study kabbalah late into the night away from the public eye. It was in Zbeirtza that his students began to compile notebooks with the teachings that RATF would share on shabbat & yom tov.[18]

Once again, the time came for RATF to migrate to the nearby town of Sosnovitz[19]continuing to gain admirers and students. It was at this time that Rabbi Meir Shapiro zt”l, founder of Yeshivat Chochmei Lublin and Rav of Lublin, expressed an interest in having RATF join the faculty of the yeshiva[20]. RATF deflected the requests due to his desire to remain close to his existing students and admirers. However, after Rabbi Meir Shapiro’s untimely death in October 1933, Yeshivat Chochmei Lublin was left without a leader. RATF decided to move to Lublin and became the second Rosh Yeshiva of Yeshivat Chochmei Lublin.

The funeral of Rabbi Meir Shapiro Zt”l at the Yeshiva of Chochmei Lublin

In a fascinating interlude in RATF’s life, he witnessed one of his lifelong dreams materialize; visiting Eretz Yisrael. RATF had a great yearning for the land of Israel.[21]He once remarked to his confidant and host in Tel Aviv, Rabbi Dovid Landa, that “a regular day in Eretz Yisrael contains the same holiness as yom tov sheni shel galuyot in the diaspora”.[22] His trip lasted four months while he visited Jerusalem, Meiron[23], Tel Aviv & Bnei Brak.[24] Afterward, he returned to his new position at the Yeshivat Chochmei Lublin. RATF experienced some of his most productive years of Torah learning & creativity at the helm of the yeshiva. After many years of narrowly avoiding personal financial collapse and constantly being forced to migrate throughout Poland, he had finally arrived at a place where his only concern was Torah.

It was during his tenure as Rosh Yeshiva of Yeshivat Chochmei Lublin that he published his second work, Responsa Eretz Tzvi,[25]in 1938. Eretz Tzvi, is a work of collected responsa, mostly concentrated on the orach hayim section of the Shulchan Aruch with certain discussions regarding Yoreh Deah and Even He’ezer as well. The volume was first published in Lublin, at a printer only steps away from the Yeshivat Chochmei Lublin.[26] A second printing was done in America in 1963 and a third re-printing by RATF’s nephew, Rabbi Dov Frommer in 1975 in Tel Aviv[27]. It is worth noting that a fourth edition including never before collected writings, as well as Siach Hasadeh, became the “second & third cheilek” of the responsa Eretz Tzvi as separate volumes. The collection includes responsa, letters &  glosses on various masechtot, and was printed in 2000 by Rabbi David Abraham Mandelbaum[28] [29]. Throughout Eretz Tzvi, RATF corresponds with many scholars including The Gerrer Rebbe, The Shem Mi’Shmuel of Sochatchov, Rabbi Meir Arik and the Bianer Rebbe on various topics of halacha. It is in this work that his unique approach combining halacha, aggadah and kabbalah is showcased. His creative methodology allowed for uncovering defenses of questionable customs, providing a limud zechut for the masses in many cases. In this way he served as a “Defender of Israel”[30].

Cover page of Responsa Eretz Tzvi; Lublin 1938

In 1938, on the occasion of the second completion of the Daf Yomi cycle, RATF introduced a study program that would complement Daf Yomi: Mishna Yomi[31]. Two mishnayot studied every day; enabling a participant in the Daf Yomi program to finish the entirety of the mishnah, even those tractates which did not include bavli commentary.

The second world war began, and Poland was overrun by the Nazi army. In 1939 RATF together with his family were forced to relocate to the Warsaw Ghetto[32]. It was reported[33] that RATF was leading Torah learning initiatives for the younger students in the ghetto. Additionally, even while in the ghetto he continued to comprise Torah novella as many of his glosses on his own responsa Eretz Tzvi were written during his time in the Warsaw Ghetto.

RATF was forced to take a job making shoes for the German soldiers on the Russian front provided by the “Shultz” company.[34] He worked alongside the third Sochatchover Rebbe – Rabbi Dovid Borenstein and the  Piasetzna Rebbe Rabbi Kalonymus Kalman Shapira[35] along with other great rabbis and scholars .[36]

RATF alongside his Rebbe. Rabbi Dovid Borenstein Zt”l – The third Sochatchover Rebbe

After the liquidation of the Warsaw Ghetto in the spring of 1942 the Frommer family was sent to the Majdanek death camp in Lublin, Poland only 123km away from his beloved Yeshivat Chochmei Lublin. It is documented that as he entered the gas chambers, the holy Kozoglover Gaon exclaimed “Thank G-d, for I am included in the sanctification of G-d’s great name!”.[37]

A newspaper article describing the experiences of Torah scholars in the Warsaw Ghetto.

Key Themes In The Thought of The Kozoglover Gaon

  1. הכל מלמדין זכות – סנגורם של ישראל 

The central theme in the halachic thought of RATF, is his focus on defending existing customs which are at odds with normative practice, often utilizing various non-traditional halachic arguments. RATF not only included kabbalistic and chassidic sources in normative talmudic & halachic discussions, but even allowed them to inform practical decisions in the realm of halacha. Eretz Tzvi strives to support rather than tear down shaky customs. RATF notes in his introduction to Eretz Tzvi when discussing his approach:

“That which we observed, that the students of the Baal Shem Tov zt”l abolished the practice of fasting and self- affliction [to atone for sins], and I am not worthy to enter into this discussion. Rather, I base myself on the mishna ”All may argue in favor of acquittal”[38]

[From this example, one could suggest that RATF saw himself as a halachic expositor of the way of the Baal Shem Tov, utilizing his halachic knowledge to apply the chassidic outlook of focusing on positive actions, rather than becoming mired in the guilt of sin.] Naturally, the very first responsa in Eretz Tzvi begins with this exact objective, foreshadowing the central theme of his halachic work:

“In defense of the widespread custom of wearing a tallit kattan which is smaller than the halachic size delineated in the Shulchan Aruch[39] which ostensibly precludes any fulfillment of the mitzvah tzitzit as many great scholars have protested about…as well as providing a limud zechut regarding the required length of tzitzit”[40]

One common conflict between chassidim and mitnagdim is their opposing halachic attitudes within the area of zmanei hatefillah. Perhaps the most well-known example of RATF’s limud zechut is the defense of the custom of some chassidim for beginning shacharit after 4 halachic hours into the day. The problem being the recital of berachot kriat shema, after their preferred time.  This poses a potential transgression of beracha levatala[41]. RATF defends this custom with various arguments. In the first part of the responsa in Eretz Tzvi[42], RATF begins by neutralizing the potential issue of beracha levatalah by positing that the prayer is considered a tefillat nedava, a voluntary prayer similar to the voluntary offering in the beit hamikdash. A voluntary tefilla is not bound by the common restrictions of an obligatory tefilla.

However, RATF is challenged to explain how one could put aside the halachically preferential time for praying and engage in a seemingly lesser level of voluntary prayer [chovah vs. nedavah]? To answer this secondary question, RATF utilizes the Shulchan Aruch Harav of Rav Shneur Zalman of Liadi – The Ba’al Hatanya.[43] The gemara[44]states that someone who is constantly engrossed in Torah learning (Torato um’nato [Rashbi V’chaveirav]) is not obligated to stop at the proper time and pray shemoneh esreih while engrossed in learning. Additionally, the Ba’al Hatanya adds that praying with the highest level of deveikut (divine cleaving) would take precedence over Torah learning, even for those who are described as torato um’nato.

RATF points out that from the Shulchan Aruch Harav we see that only a prayer with extraordinary intent and focus [A] trumps the Torah learning of someone who’s primary occupation is Torah learning [B] while an ordinary tefillah [C] would not obligated him to interrupt his studies to pray. ([A]>[B]>[C]) Utilizing a similar line of reasoning, we can assume that an individual who delays praying to attain the higher level of prayer will supersede the usual obligation of prayer service at the proper time. ([A]>[C])

Perhaps a more ambitious attempt at justifying the practice of some of the great chassidic masters with respect to zmanei tefillah, is another point in the same responsa. RATF quotes from the Ruzhiner Rebbe[45]who explains that prior to the sin of adam harishon in gan eden, the entire day was equally fit for prayer. However, the post-sin world is not fit for such a structure so the forefathers; Avraham (Shacharit), Yitzchak (Mincha) and Yaakov (Arvit) designated timeframes for each prayer. When the world reaches the ultimate redemption, the framework of zmanei tefillah will revert to their undefined framework similar to pre-sin existence. Utilizing a concept from the Rashba in Masechet Menachot[46] [regarding the halachic status of korban ha’omer], RATF suggests that since prayers of the tzadikim are focused on delivering the ultimate redemption (when the typical time boundaries will cease to exist) these prayers in and of themselves (even in our current pre-redemption era) are not bound by the usual rules and regulations.[47] Additionally, in two separate places RATF defends the practice of regular chassidim (not only great tzadikim as discussed above) who begin to pray Mincha in the time of bein hashmashot[48]employing the concept of safeik d’rabanan lkula.

Rabbi Avraham Mordechai Alter zt”l (seated)  – The “Imrei Emet” of Ger along with his grandson.. A common correspondent of RATF. (Hakira.org)

In another example of limud zechut RATF defends the custom of delivering mishloach manot late in the day of Purim such that it is already past nightfall. While this practice ostensibly has no grounds in halacha as the halachic day has ended, as RATF himself admits, he still uncovers a halachic reasoning for the custom.[49] RATF quotes an explanation from Rabbi Yaakov Yitzchak Rabinowitz, the Yid Hakadosh of Pshiske,[50] who defends the practice of beginning to pray mincha when the prayer will extend past the proper halachic time of shkiah. Rabbi Rabinowitz justifies it based on the gemara and Tosafot in Berachot[51]regarding the curse of Bilaam towards the Jewish people. It is mentioned in the Gemara that Bilaam knew the precise split-second at which Hashem became angry during the day and could fit in a quick curse at that opportune time. However, Tosafot asks “What curse could you fit in a split-second?” and answers that the word kalem (כלם) meaning “they should be cursed” could fit the time allotment. Tosafot offers a second explanation: “even if it was a longer curse, if Bilaam would begin his cursing of the Jewish people in the split-second that Hashem’s anger appears each day even if he would continue after that time it would take effect as well.” Therefore, proves the Yid Hakadosh quoted by RATF, we see from here that beginning a prayer or a mitzvah at the right time will allow one to finish after the allotted time.[52] [53]

RATF (Third from left) administering a bechina at Yeshivat Chochmei Lublin

A limud zechut which came in an alternate form is RATF’s insistence on separating the strict halacha from that of middat hassidut or virtuous behaviour. In a correspondence[54] between RATF and the Imrei Emet of Gur (Rabbi Avraham Mordechai Alter), RATF discusses a specific type of lashon hara treated by the Hafetz Hayim in his work Shemirat Halashon. The Hafetz Hayim discusses the prohibition of speaking negatively about a person “even if he [the speaker] himself saw him [the transgressor] from close proximity doing something that is inappropriate according to the law”.  As a source, the Hafetz Hayim cites Rabbeinu Yonah in Shaarei Teshuva[55]:

”…perhaps the transgressor already repented from his evil ways, is distressed in his thoughts, and the heart knows the bitterness of his soul, and it is incorrect to reveal it.”

RATF points out that the exact words of Rabbeinu Yonah namely, “It is incorrect”, smack of middat chassidut and not strict halachic prohibition, and therefore takes issue with the Hafetz Hayim supporting his halachic decision on such grounds. RATF continues and writes “And since many people fail in this, one ought to find them a defense”.

It is interesting to note, that the work of Rabbeinu Yonah being discussed is the Shaarei Teshuva – a work not typically categorized as halachic. RATF did not object to the use of Rabbeinu Yonah’s “Shaarei Teshuva” on the grounds that it is a mussar work as opposed to a halachic one. One possible explanation is that RATF himself relies on and includes non-halachic sources to inform halachic decisions. RATF employs the full gamut of Torah thought in order to come to the defense of common practices and customs even if they infringe on pietistic sensibilities.[56]

Limud Zechut in Other Writings

As a young Rabbi, RATF published a short letter delineating the basic requirements of hilchot tefillah enabling his fellow Jews to fulfill the obligation of daily prayer. He published this letter anonymously, seemingly to avoid the appearance of haughtiness in a younger scholar lecturing the public.

Part of the letter that RATF published anonymously to remind the general public about the basic requirements of Teifillah in hopes  of zikui harabim

Lastly, in addition to his published works RATF published a kuntres or small pamphlet called Doresh Tov le’amo[57]. The work remained in manuscript and included a defense of “most Jews” who don’t have the requisite intent during the opening birchat avot of shemoneh esreih.  RATF writes that even if a person doesn’t understand the meaning of the words, if they are aware of the fact that they are praying “in front of Hashem” bedieved they fulfill their obligation. [RATF’s position is seemingly in opposition to the well-known position held of Rabbi Chaim Brisker[58]that in the first beracha of shemoneh esreih both the intent of standing in front of Hashem as well as the meaning of the words are necessary even bedieved.]

 

 

 

 

 

 

 

 

 

 

  1. Innovation Through Connecting all Areas of Torah

RATF utilized existing logic and concepts while applying them to previously unexplained passages and problems providing a framework of creativity that remains in line with tradition. We have already seen from the above mentioned responsa that RATF was open to utilizing kabbalistic and chassidic concepts in order to provide a limud zechut. RATF’s works do indeed draw from chassidut, kabbalah as well as gemara and rishonim. RATF describes his philosophy regarding new interpretations in Torah and their purpose: [59]

“As it is explained in the work Maayan Chaim as he discusses at length to provide support to those who produce Torah novella although it is not clear whether they are true & correct which would be a transgression according to the Zohar. In my humble opinion, the Zohar prohibits writing such novella only in a case where the logic being applied is not true, however if the logic and approach is true and found in earlier works, even if it is being applied in a novel way to explain a certain passage, even if the explanation is not correct this is not a transgression. For this is the honor of Torah and to demonstrate that there is nothing that is not hinted to in the Torah and everything can be “clothed” in Torah.”

RATF in his later years

A great example of his propensity to cross-pollinate between disciplines is a discourse on Sukkot[60]. Regarding the libations of wine and water that took place on Sukkot he writes:

“One could suggest that the libations of wine and of water represent two separate ideas, oneg & simcha. The water libations represent oneg, as the concept of water is the source of all enjoyment as explained in Shaarei Kedusha[61]while wine represents simcha as [the Talmud] says “ein simcha ela b’yayin”. Additionally, we know that oneg & simcha are two separate ideas as explained in the Chatam Sofer’s novella (Shabbat 111a)[62] that on Shabbat there is an obligation of oneg while on Yom Tov there is an obligation of simcha…it would seem that the difference between these two emotions is that oneg involves the five senses while simcha involves only the heart/mind [lev]…and from simcha one arrives at dancing as is written in the Sefer Hakuzari, and the Maharal explains that our custom to raise our feet during Kedushah is to show that our soul naturally longs to take flight and similarly dancing which is initiated by simcha…on the other hand oneg is specifically in the engagement of the five senses as it says in Sefer Yetzira[63] which corresponds to oneg…and this is why all year round the only libation is that of wine representing simcha in the heart/mind however specifically on Sukkot after the forgiveness of sins [Yom Kippur] the body [and senses] are purified we are then given the libations of water representing the enjoyment of the senses as now these too can be used in cleaving to Hashem.”

In this passage RATF quotes from Talmud and a classical commentary as well as kabbalistic and chassidic sources interchangeably and unapologetically. The breadth and depth of RATF’s references adds a layer of relevance as he finds common themes in sifrei kabbalah along with classical rishonim and achronim. [64] In another passage, RATF describes his affinity for combining the hidden and revealed disciplines of Torah learning. He states:[65]

“It is my “way”, myself the pauper, to uncover (l’hamtzi) a source in the revealed Torah for the hidden…”

The word he uses is l’hamtzi which has double connotation of uncovering & creation. Through utilizing the spectrum of Torah literature RATF essentially creates new sources previously unrelated to the topic at hand through exposing them to his unique thought process.

See Responsa Eretz Tzvi[66] where he was asked by someone who accidentally turned on a light on shabbat and wanted to understand how much money he should give for atonement (kaparah). At the end of the discussion, [after finding a lenient opinion in estimating the modern equivalent of the monetary sums discussed in the gemara] RATF adds a reminder lest the questioner miss out on the true purpose of giving the symbolic amount to achieve “kaparah”.

However, the crux (ikar) of teshuva is the remorse and humility and lowliness that a person should be heartbroken that he desecrated the holy Shabbos. Additionally, it would be appropriate to take up oneself to assist the “Chevra Shomrei Shabbos” …for this is considered a tikkun of desecrating Shabbos.”       

RATF’s halachic thought utilized a maximalist approach in finding prooftexts and sources. Besides for the revealed and esoteric areas of Torah, we see from this last example that his responsa took the full religious experience into account.

RATF (bottom right corner) at a an unspecified event in Yeshivat Chochmei Lublin. To his right, Rav M, Ziemba

  • Centrality of Torah for All Jews & Mishna Yomi

In a related theme to limud zechut & providing access to all areas of Torah, it is clear that RATF strived to include the full population of Jewry in his philosophy of learning Torah. It is interesting to note, as Rabbi S.Y. Zevin does in his review of Eretz Tzvi[67], that although RATF was the dean of a yeshiva which was typically focused on the abstraction of talmudic law, Eretz Tzvi is comprised entirely of questions that are practical in nature. He utilized his training in the disciplines of pilpul and sevara as a tool for dealing with everyday people & problems.

An initiative of RATF aiming to elevate the religious experience of common Jewry, was the Mishna Yomi program that he instituted. Upon the second inaugural Siyum Hashas in 1938, RATF created a new study program allowing every Jew to appreciate and complete the entirety of Torah. His initiative was both  complementary and supplementary to the Daf Yomi that was already instituted by Rabbi Meir Shapira zt”l. An adherent to the Daf Yomi schedule would complete the entire Talmud Bavli over the course of the seven-year cycle. However, there are many aspects of torah sheb’al peh left untouched due to the significant amount of mishnayot that have no Bavli commentary. RATF suggested that the geulah (ultimate redemption) is dependent on the Jewish people learning the entirety of the oral Torah. See below for his inspirational words when introducing the program explaining an interpretation provided by the gemara for a cryptic passage in Hoshea.[68]

“Though they hire among the nations, now I will gather them up” (Hoshea 8:10)

“Should they learn it all; then, “now I will gather them up” [the Geulah will come immediately]”(Bava Batra 8a)

One could understand the words of the gemara “It all” in two ways. Either A. All of Bnei Yisrael or B.  Each individual should learn all the mishnayot as they encompass all of the oral law. And there is support for this from the Zohar[69] that one of the methods of teshuva is to learn the entirety of Torah …as every part of Torah has a unique ability to offer salvation for a specific area in one’s life, however the ultimate geulah is the entirety of all individual salvations at once and therefore all areas of the Torah must be covered in order to glean all the unique salvations to arrive at the ultimate collective salvation [of the Jewish people]. It therefore says “אי תנא כולהו” [if they learn it all], utilizing both understandings [A. all of the Jewish people and B. the entirety of the oral Torah] …and this is the purpose of the “Mishna Yomi”, that every Jew young and old, scholar and layman, wealthy & poor can all take part in this great mitzvah.”

RATF felt that the geulah could be hastened through the entirety of the Jewish people learning all the mishnayot which encompasses the oral Torah.[70] It was seen as a great complement to the Daf Yomi, to the extent that there were printings of Talmud with both the Daf Yomi & Mishna Yomi schedule to allow for combined study.[71]

Although RATF conceived the Mishna Yomi prior to WWII, the concept needed a reaffirmation amongst post war Jews. Rabbi Yonah Stenzel, who was a student of RATF in the town of Sosnovitz and eventually emigrated to Tel Aviv and joined its rabbinate, re-instituted the concept of Mishna Yomi & Halacha Yomi in remembrance of those Jews that perished in the holocaust. In a few articles he is credited with creating the Mishna Yomi format, however RATF clearly introduced the concept before the war.

It is noteworthy that the specific vehicle chosen by RATF for bringing the ultimate redemption was Torah study. The gemara mentions other potential deeds that can bring the ultimate redemption in somewhat simpler ways.[72] The accessibility of Talmud Torah to the masses and the potential for each and every Jew to experience the entirety of Torah was RATF’s preferred initiative for bringing about greater spirituality in the community at large. It was through Torah that RATF saw his contribution in hastening the geulah.

Tamud Bavli, Tractate Hagigah and Mo’ed Katan and Mishnayot Shvi’it – special edition for the students of the Daf Yomi and the Mishnah Yomi – Munich 1947

Conclusion

Halachically speaking, any city which is entirely idolatrous is classified in the gemara as an ir hanidachat and condemned to destruction. However, the gemara[73]mentions that if one of the houses within the city maintains a mezuzah on its doorpost the city should not be destroyed. An apocryphal story describes a city facing imminent destruction due to its idolatrous practices that had permeated every household. On the eve of the final verdict there was a Jew who arrived from another city and ran from door to door affixing mezuzot to all bare doorposts. I believe that on a symbolic level, one of the rabbis affixing figurative mezuzot to various embedded customs requiring limud zechut in the last century was the Kozoglover Gaon, Rabbi Aryeh Tzvi Frommer Hy”d.

The concept of limud zechut, that was RATF’s raison d’etre, allowed for needed leniency within the structure and framework of Orthodox Torah observance. At times, we need a limud zechut on our own individual behavior as well as for our various practices and customs as a community. Perhaps, even if the halachic conclusions of RATF aren’t the accepted practice, his willingness to defend questionable practices with the breadth of his learning utilizing both the revealed and esoteric sections of the Torah remind us the importance of limud zechut and our responsibility to engage others and ourselves through it’s lens.

**I would like to dedicate this article in memory of my grandparents:

    Norman Sebrow                                                              Jo Amar

יוסף בן מזל ז”ל                                               נחמן דוד בן צבי אייזק ז”ל

     Jeanette Sebrow                                                    Raymonde Amar

רוחמה בת אסתר ז”ל                                             יוכבד בת אשר זעליג ז”ל

[1] I am grateful to Rabbi Hershel Schachter שליט”א, who introduced me to the Torah of the Kozoglover Gaon amongst a variety of unique thinkers as a student in his shiur. Additionally, I would like to thank the following people for their insight and help in bringing this project from idea to reality: Rabbis Dovid Bashevkin, Yaacov Sasson, Danny Turkel as well as Moshe Rechthand. Lastly, R’ Eliezer Brodt for his insight and breadth of knowledge that he offered to help complete this project.

[2] RATF’s collected writings and teachings can also be found in Eretz Tzvi (Moadim & Al Ha’Torah)  compiled by Erlich, Yehuda; Tel Aviv, 1984. Additionally, his students in Yeshivat Chochmei Lublin compiled a collection of insights called Mekabtz’el.

[3] Frommer, Aryeh Tzvi. Eretz Tzvi, Bnei Brak, 1976, pp. 5–6.

[4] Soreski, Aharon. Geonei Polin Ha’achronim, Bnei Brak, 1982, pp. 182 According to other opinions his father was a coal salesman.

[5] Ibid.

[6] Ibid. pp. 184 RATF’s personality is described as being exceptionally bright while at the same time a שובב or a bit of a “troublemaker”. It was in the yeshiva in Amstov that Rabbi Efraim Einhorn, paid special attention to the young orphan and provided him with the fundamentals for development in learning. It was this special attention that RATF attempted to repay when Rabbi Einhorn’s grandson, Rabbi Moshe Krohn came to study with RATF in Zbeirtza. RATF took extra care to attend to all of Rabbi Moshe Krohn’s physical and spiritual needs.

[7] Regarding the level of studies at the Amstov yeshiva – see Ibid. pp. 185-186 The day began with a shiur from 5AM until 10AM when the yeshiva would pray shacharit.

[8] Some of the other well-known students of the yeshiva; Rabbi Shlomo Stenzel and the Rebbe of Radomsk: Rabbi Shlomo Henich Hacohen Rabinovitz.

[9]1838 -1910. A chassid and son-in-law of the Kotzker Rebbe, after the Rebbe passed away he became a Gerrer chassid. In 1883 he moved to Sochatchov where he founded his own branch of chassidut named after the city, and which gave him the title of “the Sochatchover Rebbe.” His responsa were collected posthumously and published as the Responsa – Avnei Nezer hence his title. He published the sefer Eglei Tal as well, which covers the 39 melachot of Shabbat.

[10] Geonei Polin Ha’achronim, pp.182

[11] Ibid. – As a testament to the esteem regarded by the Avnei Neizer for his student, see Responsa Avnei Neizer, Orach Chaim, 109 where his teacher writes the following. “Greetings to my beloved student, the Harif and Baki our teacher, Rabbi Leib Hirsch. From your letter I see that you have been meditating on my work…You said well and spoke truth. Wishing you great strength and courage in Torah and G-d willing, may you develop into a vehicle for chassidut and fear of Heaven…Abraham”

[12] 1855-1926. Published the work “Shem Mi’shmuel”. The only son of the Avnei Neizer, was both a son and close student of his father and maintained an extremely close relationship with his father until his death. After his father’s death, he was accepted as the next Socatchover Rebbe. He published his father’s works and led Socotchov Chassidut. He died at the age of 70. He was brought to burial in the same ohel (covered grave) as his father, the Avnei Nezer, in Sochaczew. His son, Dovid, succeeded him as third Sochatchover Rebbe.

[13] Bergman, Ben-Tzion. Michoel B’Achat, pp.44 – RATF was not the only one asked to lead the yeshiva. Rav Michoel Forschlager another prized student of the Avnei Neizer was sought along with RATF to lead the yeshiva. It was RATF who served as the dean of the yeshiva while Rav Forschlager was more directly involved with directing the studies of the young students. Among Rav Forschlager’s students were Rabbi Avraham Aaron Price, Rabbi Mordechai Gifter, Rabbi Yitzchak Hoberman and Rabbi Pinchas Hirschprung. Additionally, see the newly reprinted Toras Michael (Machon Avnei Choshen, 2016) a collection of Rav Forschlager’s torah novella.

[14] 1855-1926 – One of the great galician Torah scholars with works such as Imrei Yosher, Tal Torah. His students include the prolific Rav Reuven Margolies and founder of Daf Yomi and Chochmei Lublin Yeshiva – Rabbi Meir Shapiro.

[15] 1858-1920 – Rabbi and Av Beis Din in Krakow, Poland. Author of Gilyonei Ha’Shas, Beit Ha’Otzar. Himself a fascinating Torah scholar who utilized abstract thinking in his conceptual approach to Talmudic study. At the bris of RATF’s first born son, Rabbi Yosef Engel served as the sandak, while RATF himself was the mohel.

[16] Including Rabbi Moshe Nachum Yerushalimsk, 1855-1916. Another of the great Torah luminaries in Poland at the time.

[17] See “Rabbi Aryeh Tzvi Frumer From Kozhiglov: Head of the Rabbinical Court and Rosh Yeshiva: Center for Holocaust Studies” – the reason for his departure from the city as being due to a disgruntled wealthy man that RATF slighted by deciding against him in a din Torah. For another version of the story involving his neighbor being a priest see the introduction to the third printing of Reponsa Eretz Tzvi.

[18] Specifically, Rabbi Yitzchak Yaakov Erlich whose son R’ Yehuda ended up publishing the works of RATF Rav in Israel many years later.

[19] It is in Sosnovitz where Rabbi Yonah Stenzel (1904-1969) became a devoted student of RATF. Rabbi Stenzel, who also studied in Chochmei Lublin, eventually migrated to Tel Aviv where he re-stablished the study of Halacha and Mishna Yomit in memory of all those who perished in the Holocaust.

[20] It is important to emphasize the honor and prestige that even joining the student body of the yeshiva brought along with it. It was said that each student needed to know 200 folio of Talmud by heart to gain admission.

[21] See Responsa Eretz Tzvi I:25 in his letter to the Gerrer Rebbe “Who will give me wings of a dove, I will fly and settle (in the land of Israel), kiss its earth, embrace its stones may it be hastily in our days”

[22] See Geoneil Polin Ha’achronim pp.250

[23] See Eretz Tzvi I:27 where he mentions that a certain hiddush occurred to him in Meiron on Lag Ba’omer

[24] Geoneil Polin Ha’achronim pp.252: It is said that he after meeting with the Chazon Ish zt’l in Bnei Brak, the Chazon Ish praised his brilliant Torah mind saying that he had not met such a brilliant mind in many years.

[25] The name is used as a description of the land of Israel, in the book of Daniel for example (Chapter 11), from which he had recently returned. Additionally, Tzvi for his middle name.

[26] Yeshivat Chochmei Lublin was located at Lubitrovska 57, initially a vacant lot which Rabbi Meir Shapira secured from a wealthy donor. Eretz Tzvi’s first printing was at a press located footsteps away at Lubitrovska 62 as seen on the cover page.

[27] Geonei Polin Ha’achronim, pp 271. Reportedly, the copy used for the third printing was amongst many works that survived the destruction of the holocaust and arrived as part of a larger delivery to the misrad hadatot of Israel. It was this specific copy that had the glosses of the author in the margins. Among other works saved is RATF’s personal copy of Responsa Imrei Yosher with RATF’s glosses.

[28]Rabbi Mandelbaum is a notable scholar of all topics related to Yeshivat Chochmei Lublin and many of the great minds of Polish origin. Rabbi Mandelbaum added a new dimension to the Torah of RATF and many other geonim by collecting their dispersed writings and organizing them while also providing noteworthy glosses and footnotes in various reprintings. Rabbi Mandelbaum’s father was a student of RATF in Yeshivat Chochmei Lublin. Additionally, Rabbi Mandelbaum thanks Rav Shmuel Halevi Vozner Zt”l and other for sharing many of the items found in this second volume as he was in possession of various manuscripts and writings of RATF.

[29]  ‘ שו”ת ארץ צבי, חלק ב ה, Bnei Brak, 2000

[30] סניגורם של ישראל – This term is also used in reference to the great Rav Levi Yitzchak of Berditchev (1740-1809) who repeatedly strove to portray both Jews and Jewish issues in a positive light. For more on this topic see; Luckens, ‘Rabbi Levi Yitzhak of Berdichev’, Ph.D. thesis (Temple University, 1974) pp. 38 citing M. Wilensky, I, 122-131.

[31] His words were recorded and can be found in Eretz Tzvi Moadim pp. 276

[32] ארץ צבי עה”ת pp. 14

[33] Hidden in Thunder: Perspectives on Faith, Halachah and Leadership …, Volume 1, Esther Farbstein,

[34] ארץ צבי עה”ת pp. 14

[35] See http://www.daat.ac.il/daat/shoah/biton37.pdf  based on the daily journals of Hillel Zeidman

[36] [The Last Path for Torah Leaders in the Warsaw Ghetto]. Bais Yaakov (in Hebrew) (47): 7 – Testimony of Avraham Hendel. An additional story is told about Rabbi Aryeh Tzvi that he was desperately searching for someone to help him conduct a chemical experiment with the margarine that was given out at meals in the shoe factory – to test for any treif fat that could have been mixed in and thus prohibited to eat.

[37] Ibid.

[38] Reponsa Eretz Tzvi, Introduction

[39] Siman 17

[40] Eretz Tzvi,

[41] See Shulchan Aruch 58:6

[42] Responsa Eretz Tzvi I:36

[43] Talmud Torah 4:5

[44] Shabbat 10a

[45] Israel Friedman of Ruzhyn (1796 –1850), also called Israel Ruzhin, was a Hasidic rebbe in 19th-century Ukraine and Austria. Friedman was the first and only Ruzhiner Rebbe. However, his sons and grandsons founded their own dynasties, collectively known as the “House of Ruzhin”. These dynasties, which follow many of the traditions of the Ruzhiner Rebbe, are Bohush, Boyan, Chortkov, Husiatyn, Sadigura, and Shtefanesht. The founders of the Vizhnitz, Skver, and Vasloi Hasidic dynasties were related to the Ruzhiner Rebbe through his daughters.

[46] Menachot 4a

[47] It should be noted however, that RATF concedes that this line of reasoning would specifically apply to the great tzadikim whose prayers can be assumed bring the ultimate redemption closer vs. those of the typical petitioner.

[48] See Eretz Tzvi 1:1, 1:60

[49] 1:121

[50] Rabbi Yaakov Yitzchak Rabinowitz (1766–1813). A student of the Chozeh of Lublin (Ya‘akov Yitsḥak Horowitz) with whom he eventually parted ways. See Buber, Martin: Gog und Magog (1949; first published in English translation as For the Sake of Heaven, 1945). The Yid Hakadosh would become the teacher of Rabbi Simcha Bunem of Pshiskhe. See Rosen, Michael: The Quest for Authenticity.

[51] 7a s.a

[52] See Piskei Teshuvot, Purim, Siman 695:5 Note 24. Where this responsa of RATF is brought as an example of an opinion that defends the practice of starting the Purim feast close to the end of the day where most of it will take place after Purim although it was begun before the end of the day.

[53] Additionally, regarding the proof from Tosafot in Berachot referencing Bilaam. See Nefesh Harav (pp.114) that when Rav Joseph B. Soloveitchik heard this proof he laughed and Rabbi Shachter שליט”א explains that it was evident that he was not comfortable with this type of proof.

[54] See “From Principles to Rules and from Musar to Halakhah: The Hafetz Hayim’s Rulings on Libel and Gossip”, for Rabbi Dr. Brown’s discussion the works of the Hafetz Hayim at length and who discusses RATF’s discussion as well.

[55] Shaarei Teshuva, Sha’ar 3

[56] See below for further examples (non-exhaustive list) of limud zechut:

1.See Eretz Tzvi 34 – in defense of the custom for women of the time that didn’t daven everyday, when seemingly this is against the clear gemara (Berachot 20b) & Shulchan Aruch (O”C – 106:2) that women are obligated in tefillah. Rabbi Aryeh Tzvi provides additional support via comparison of tefillah to korbanot thus re-affirming the position of magen Avraham (ibid.) that suggests that the women will at some point request something from G-d and therefore fulfill their Torah obligation according to the Rambam.

  1. See Eretz Tzvi 53 54 – in defense of the common custom to make a borei pri hagefen on wine that includes significant amounts of water which are 6x the wine although this is seemingly at odds with the normative halacha as both the Shulchan Aruch YOD (siman 134) & Rama (YOD 204:5) conclude that one should not make a borei pri hagefen on such a wine.
  2. Eretz Tzvi 75 – in defense of the common custom in an area without an eiruv on Shabbat to use a minor to perform hotzaah.
  3. See Eretz Tzvi 94-95 with respect to finding support for those kohanim who fly on an airplane which might fly directly over graves of Jews thus exposing them to tumas kohanim
  4. Eretz TZvi 96 – in defense of the common custom to make seltzer on Shabbos –
  5. Eretz Tzvi 97 – in defense of the custom of certain chassidim to sit in the sukkah and make a bracha on shmini atzeret – though ostensibly at odds with the gemara.
  6. Eretz Tzvi 125 – finding support for creating a mikvah using snow in a place that no other type of mikvah would be possible.
  7. Eretz Tzvi 30 – in defense of the custom of the Ashkenazim in the diaspora who refrain from reciting the daily birchat kohanim
  8. Eretz Tzvi 35 – in defense of the custom for those washing netilat yadaim and the water does not cover most of their hand

[57] See Geonei Polin Ha’achronim, pp. 262

[58] See Chiddushei Rabbeinu Chaim Halevi al Harambam, Hilchot Tefillah as well as the he’arot of the Chazon Ish

[59] Eretz Tzvi (Torah commentary) Introduction

[60] Eretz Tzvi, Moadim, pp. 110, Sukkot תרפ”ה

[61] Kabbalistic work of the Ari’zal

[62] ד”ה ודע

[63] Chapter 2:7

[64] Another notable exchange is one that appears in the second volume of Eretz Tzvi where RATF engages in correspondence with none other than the Ishbitzer Rebbe, Rabbi Mordechai Yosef Leiner zt”l. It was in 1934 that the Ishbitzer Rebbe sent a question that was bothering him regarding a specific comment of Maimonides related to Hilchot Shevuot. RATF goes on to cite various chassidic and Kabbalistic sources and their bearing on the halachic issues. Thank you to Rabbi Josh Rosenfeld for pointing out this source, in his Sunday Responsa Series.

[65] Responsa Eretz Tzvi, I:12

[66] Siman 62

[67] Sofrim U’Sfarim, Tel Aviv, 1959, pp.189.  [Thank you to Rabbi Eliezer Brodt who brought this source to my attention]

[68] The discourse can be found in it’s entirety in Eretz Tzvi Moadim pp. 276.

[69] Zohar Chadash, Rut

[70] See also Eretz Tzvi, II: 72, 73

[71] This unique edition was printed in the framework of daily Daf Yomi and daily Mishnah. A combined calendar of Daf Yomi and the daily Mishnah is printed at the beginning of the book for the years to come: 5767-1912. The tablet is spread over four columns. Beneath the calendar of Daf Yomi, a special prayer was printed “after the end of a chapter from a daily mishnah.” This prayer was composed by Rabbi Yonah Stenzel zt “l, in memory of the Holocaust victims” who were killed for the sanctification of God … by the German oppressors. [Seen at Tzolman’s auctions (Bidspirit.org)]

[72] See Shabbat 118a – “If only [Bnei] Yisrael would keep two consecutive Shabbatot they would be immediately redeemed”

[73] Sanhedrin, 71a




Censorship in the Sefer Chofetz Chaim?

Censorship in the Sefer Chofetz Chaim?

(Another chapter of R. Shmuel Ashkenazi's Latest Work)

Unfortunately, the amount of responses regarding assisting the publication of R. Ashkenazi's work was underwhelming (we are trying very hard to raise the money but are still far from the end) so it is still uncertain when the seforim will actually be published. Until then – here is another chapter. For previous articles of R. Ashkenazi see here here and here. For more information to contribute (any amount is extremely helpful) contact me at eliezerbrodt-at-gmail.com.

In the past I received requests for more information about R. Ashkenazi. What follows is a small biography (along with an appeal for help) on him written recently.

מוקירי תורה וחכמיה, נדיבים שבעם! דומה שאין איש אשר לא הגיעו שִׁמְעוֹ של האיש הנכבד, הנאמן בכל בית הספרים היהודי, ר' שמואל אשכנזי שליט"א. ספרו "אלפא ביתא קדמייתא דשמואל זעירא" שיצא לאור בירושלים, בשנת ה'תש"ס, פתח בפני כלל חכמי ישראל וחובבי תורה את שערי אוצרותיו, חשף בפניהם מעט מבקיאותו המפליאה והטעימם מרעיונותיו והגיגיו הנעימים אלא, שהעומדים משתאים מול היקף המידע והידע הנגלה מבין דפי "אלפא ביתא קדמייתא'', ודאי יופתעו כפליים בשמעם שאין זה אלא מעט שבמעט מאוצרותיו של ר' שמואל שעודם בכתובים, מצפים לאנשי רוח ומביני דבר שירתמו לסייע בהוצאתם לאור עולם והפצתם להגדיל תורה ולהאדירה.ר' שמואל – המקפיד בתוקף שלא להוסיף על שמו כל תואר נוסף פרט לר' – נולד ביום יא בטבת תרפ"ב. בשנות העשרים המוקדמות לחייו כתב עשרות ערכים ב"אנציקלופדיה לתולדות גדולי ישראל" (בעריכת ד"ר מרדכי מרגליות, ירושלים תשו-תשי), בכרכים הראשונים של ה"אנציקלופדיה העברית" ובשתי אנציקלופדיות אחרות של הוצאת 'מסדה'. בהמשך עסק בעריכת ספרים ב"מוסד הרב קוק", ב"מכון תורה שלמה" ובאופן עצמאי. בראשית שנת תשכ"ז ועד פרישתו לגמלאות עבד ב"מפעל הביבליוגרפיה העברית" שבבית הספרים הלאומי בירושלים, ומבחינה מסוימת הוא היה מתווה דרכה ביחד עם הביבליוגרף הבלתי נשכח מר נפתלי בן-מנחם ז"ל. אף לאחר שפרש לגמלאות הגיע למקום בכל יום שלישי וקיבל בסבר פנים יפות את כל המתייעצים עמו, בהם בכירים באקדמיה שעמדו לפתחו ושאלו לעצתו. בשנת תשס"א נתמנה כחבר כבוד בהוצאת הספרים המיתולוגית "מקיצי נרדמים", לאור בקשתם המפורשת של מזכירה וחבריה.החל משנת תש"ד (בהיותו בן-שמונה עשרה) החלו להתפרסם מאמריו הרבים בבמות מכובדות ומפורסמות, ולעיתים עוררו תגובות חריגות (כמו מאמריו "טעויות סופרים" ו"מילונות עברית כיצד?"). בין לבין נענה לשאלות שבכתב שהופנו אליו מכל קצווי הארץ ומחוצה לה, ושיגר במשך השנים כאלפיים מכתבי תשובה. בין ספריו המופתיים ניתן למנות את: "הגדה שלמה", ירושלים תשט"ו; "אוצר ראשי תבות", ירושלים תשכ"ה; "הרי"ף ומשנתו", ירושלים תשכ"ז. ואת עריכתו המופתית ניתן לראות בספר "משלי ישראל ואומות העולם", ירושלים תשכ"ד. טביעת אצבעותיו המיוחדת ניכרת בספרים רבים אחרים, כמו: "בן המלך והנזיר", תל-אביב תשי"א; "אוצר המשלים והחידות", ירושלים תשי"ז; "מחברות עמנואל הרומי", ירושלים תשי"ז; "אוצר פתגמים וניבים לטיניים", תל-אביב תשי"ט (מהדורה שניה: ירושלים תשמ"ב); "צרור המור", בני-ברק תש"נ; "אוצר הספר העברי", ירושלים תשנ"ה; "אוצר תפילות ישראל", א-ב, ירושלים תשנ"ז.כתיבתו של ר' שמואל יחודית ומאופיינת: קצרה, ענינית ומקיפה, ובעיקר – מדויקת. רגיל היה, אף לאחר הגיעו לגבורות, לכתת רגליו רק כדי לראות את הדברים בדפוס הראשון או לבדוק אם אכן הפנייה כלשהי מדויקת וכדומה.בימים אלה הולכים ומותקנים לדפוס שני ספרים נוספים ממעיינותיו של רבי שמואל, הלא הם "אלפא ביתא תנייתא" המהווה המשך ישיר לספר הראשון וכולל בתוכו בירורים מקיפים למקורם של ביטויים, פתגמים ואמרות עממיות, ו"אלפא ביתא תליתאי" הכולל בירורים בנושאים כלליים. שניהם בדרכו הייחודית של ר' שמואל, האוצר בזכרונו וברשימותיו רבבות מקורות עלומים וגנוזים ומעבדם בתבונתו וחוש ביקורתו הנודע.כל אחד מן הספרים מתפרס על פני שלושה כרכים, ויחדיו כוללים הם למעלה מ-2500 עמודים מלאים וגדושים בדברי תורה וחכמה ופנינים נפלאות מעולם הספר היהודי על כל גווניו ואפיקיו.את מלאכת עריכת הספרים לקח על עצמו ידידנו ר' יעקב ישראל סטל הי"ו, אשר ביד אמן, במתינות ובתבונה הופך את פיסות הנייר, פנקסיו ופתקאותיו של רבי שמואל לכדי יצירה מפוארת כיאה לכבוד יוצרה ותורתו.אולם, ידידינו הנעלים, הוצאות ההדפסה כבדו מנשוא! איש פרטי וצנוע הוא ר' שמואל, לא מכוני מחקר ולא קרנות לו לאיש, לא בית הוצאה לאור ולא בית מסחר ספרים. מעודו, נחבא ר' שמואל אל הכלים ואינו מבקש את פרסומו הראוי לו. לולי תושייתם של אוהבי תורה ודעת שנגה עליהם מעט מאורו של רבי שמואל, כי אז היה נותר אלמוני, הוא ואוצרותיו העצומים.ועתה, עם סיום מלאכת עריכת שני הספרים שלפנינו, הרי הם יושבים ומצפים לגואל, איש אשר רוח בו ולב מרגיש לו להבין את יקרתם של דברי תורה אלו, וישאוהו רעיוניו להטות שכמו לעזרת ר' שמואל ולשקוד על תקנת חכמי ישראל, במתת יד נכבדה כשיעור הנצרך להדפסת הספרים היקרים. עורכי הספר אינם מבקשים דבר על המלאכה הכבירה והזמן היקר והרב שהושקעו בהתקנת הספרים לדפוס. זאת עשו בלב רחב ובנפש חפצה, מאשר יקרו בעיניהם נכבדו פניניו של ר' שמואל. אולם עלות ההדפסה כבדה עליהם ואין לאל ידם להשלים את המשימה ללא עזרת ה' בגיבורים.חושו, ידידינו, חושו לעמוד לימין ר' שמואל ולעזרת כל אוהבי תורה, והרימו תרומתכם להדפסת הספרים הנכבדים הללו! שוו בנפשכם מה רבה התועלת העולה ממאמריו ומחקריו הנעימים של ר' שמואל להרמת קרן התורה וכבודה; הוכיחו קבל עם ועדה כי כבוד התורה יקר בעיני הוגיה וכי אין מניחים הם לדברי תורה להיות מונחים בקרן זווית, גנוזים וכמוסים באין דורש!!
And now for the main article:

לכבוד מערכת בית יעקב                                                              ב"ה. ה במנחם-אב תשלאמ"נ,מזמן לזמן מזדמנים לפני גליונות של ירחונכם הנכבד, שאני מוצא בהם ענין ומתענג על קריאתם. לא כן קרני הפעם הזאת. הגיע לידי גליון 137 (תאריך הופעתו [סיון תשלא?] לא צוין!), ומיד עם פתיחתו נתקלתי במאמר גדול, מאת יצחק מ. שמואלי, המשתרע לארכם ולרחבם של שני עמודים שלמים (5-4), ומעליו שלוש כותרות מרעישות: 1) על משמר קדשי האומה. 2) מיהו "צנזור" במהדורות חדשות של ספרי-קודש? 3) תגלית מדהימה על מעשה-זיוף מגמתי בכתביו של בעל "חפץ חיים" זצ"ל.וזה "מעשה הזיוף": בקונטרס שפת תמים, לבעל חפץ חיים, פרק ד, נאמר: וראיתי בספרים מעשה נפלא שהיה בימי הריב"ש, שבא אחד בגלגול סוס והיה עובד בכל כחו כדי לשלם את חובו. ואילו "במהדורות החדשות… שהופיעו לאחר השואה (ונדפסו מתחילה באמריקה, על-ידי יורשיו של בעל המחבר) נחלף הנוסח המקורי לפי כתב-ידו של החפץ חיים הקדוש בנוסח 'מתוקן' כזה: 'וראיתי מעשה נפלא, שהיה בימים הראשונים'".כותב המאמר שואל: "מה היתה מטרתו ותכליתו של 'שינוי' זה?" והוא משיב: "אין מפלט, כמובן, מאותה מסקנה הכרחית, שלא היה, כנראה, לרוחם ולטעמם של בעלי הזכויות של המהדורה החדשה, שבעל החפץ חיים מזכיר ומסתמך בספרו על מעשה נפלא שמתייחס אל מייסד החסידות רבי ישראל בעל-שם-טוב… הם התביישו בכך, הם לא יכלו לבלוע זאת, הם נרתעים ממש בפני ההשפעה העלולה להתקבל מהתייחסותו של החפץ-חיים אל הבעש"ט" ולכן זייפו וסילפו את דברי המחבר "כדי לחבל ברגשי-האחווה שנתרקמו אצל… חסידים ומתנגדים".אין הכותב נוקב בשמם המפורש של "בעלי הזכויות". אך הכל יודעים, שהכוונה לחתן המחבר "הרב פנחס מענדיל יוסף זאקס, ר"מ דישיבת חפץ חיים בראדין" אשר הוציא מחדש את ספרי חותנו, בניו-יורק, בשנת תשיב ובשנת תשך. ואותו מאשים הכותב ב"מעשה מביש כזה" אשר "בדין הוא ש… יזעזע את דעת-הציבור שלנו"."וכדי שלא לפרסם אשמה מזעזעת כזו… בלי ביסוס עובדתי מלא" טרח הכותב וצירף למאמרו שלושה פקסימילים המוכיחים באופן "מדעי" מוחלט את "הסילוף הגס והמביש… שנעשה בחיבורו של החפץ חיים"."והיות שהמדובר… בסילוף מכוון שיש בו מגמה שקופה בהחלט… מן הדין להרים קול זעקה ומחאה, להוקיע קבל עם ועדה את הסילוף הנורא והמחריד ולתבוע במפגיע תיקון הדבר מידי אלה הנושאים באחריות לכך!"אם באמת ובתמים נתכוון הכותב לזעזע את דעת הקוראים ולהזעיקם למחאה, הרי עלה הדבר בידו… שכן אני נזדעזעתי למקרא דברי ההשמצה והטחת ההאשמות כלפי חתן המחבר, אשר ריבה פעלים לתורה ויראה בהפיצו ספרי ההלכה והמוסר של חותנו בעל חפץ חיים. ואומר אל לבי: מצוה להציל עשוק מיד עושקו ולהגן על כבודו של ת"ח מפני המתנפלים עליו בשצף קצף על לא חמס בכפו ולא עולתה בו.ואם עדיין הייתי מהסס בדבר וחושש, שלא להרבות בחלול כבוד התורה על ידי הבעת מחאתי ברבים, בא המאורע דלהלן וחיזק את החלטתי לפרסם ברבים את בטולו של המאמר הנז'.וזה אשר קרני [אין מקרה בעולם, אלא כי הקרה ה' לפני את הדבר הזה!]. ביום המחרת (לאחר קבלת הגליון הנז') נכנסתי לבית המדרש להתפלל שחרית. והנה על השולחן לפני מונח ספר חפץ חיים, הוצאת ועד שמירת הלשון, ירושלים תשכז, ונספח אליו קונטרס שפת תמים. פתחתיו בעמ' טו ואראה בגליון (ליד המלים "מעשה נפלא שהיה בימים הראשונים") הערה כתובה בדיו אדומה על ידי חסיד-שוטה: המילה ראשונים היא זיוף מוחלט ושפל בדברי רבנו וצ"ל בימי הריב"ש (ר' ישראל בעש"ט) כהוצאה הראשונה.ויהי כראותי עד היכן הדברים מגיעים, נזדרזתי לקרבה אל המלאכה: לבדוק את הנוסח הנדפס בהוצאות השונות של קונטרס שפת תמים. לאחר יגיעה מרובה נתברר לי, שקונטרס זה נדפס על ידי מחברו, כנספח לחלק א של "ספר שמירת הלשון… והוא השלמת הספר חפץ חיים", בשנת תרלו, וחזר ונדפס לא פחות מעשרים ושלוש פעמים*. והרי רשימת ההוצאות השונות (אלה שלא ראיתי מסומנות בכוכב):1* ווילנא, דפוס ר' יהודה ליב מ"ץ, שנת שמר פיו [תרלו], 1876.2 הוצאה שניה, ווילנא, דפוס הנ"ל, תרלט, 1879. סודרה ונדפסה דף על דף על פי 1.3* הוצאה שלישית. נדפסה בין תרם לתרמג. והיא ששימשה אבטיפוס להוצאות הבאות, שאינן אלא דפוסים-סטראוטיפיים או דפוסי-צלום של 3.4 "הוצאה שלישית", ווארשא, דפוס ר' יוסף אונטערהענדלער, תרמד, 1884. ד"ס של 3.5* "הוצאה שלישית", ווארשא, דפוס הנ"ל [תרמח?]. בשער: תרמד, 1884. ד"ס של 4.6 "הוצאה שלישית", ווארשא, דפוס בוימריטטער וחתנו גאנשאר, תרן, 1890. ד"ס של 5.7 "הוצאה רביעית", ווארשא (דפוס ב' טורש, צנז' 1892 [תרנב]). ד"ס של 6.8 "הוצאה חמישית", ווארשא (דפוס בוימריטטער), תרנה, 1895. ד"ס של 3?9 "הוצאה חמישית", ווארשא (דפוס אונטערהענדלער, צנז' 1902 [תרסב]). בשער: תרנה, 1895. ד"ס של 8.10 "הוצאה חמישית", ווארשא (דפוס לעווין-עפשטיין, 1910 [תרע]). ד"ס של 7.11 "הוצאה חמישית", ווארשא (דפוס הנ"ל, 1914 [תרעד]). ד"ס של 10.12* "הוצאה שלישית" (הוצאת הרב הילל גינסבורג, ראדין), ווארשא (דפוס פומפיך), [תרף?]. ד"ס של 4?13 "הוצאה שלישית", ווארשא (דפוס פימענט), [תרפ-]. בשער: דפוס יוסף אונטערהענדלער, תרמד. ד"ס של 12.14 "הוצאה שלישית", ווארשא (דפוס לעווין-עפשטיין), [תרפח]. ד"ס של 13.15 "הוצאה שלישית", שנגהי [תשד?]. ד"צ של 12.16 הוצאה רביעית", [גרמניה תשז?]. בשער: ווארשא. ד"צ של 7.17 "הוצא ע"י חתנו הרב מנחם מענדיל יוסף זאקס", ניו יורק תשיב. ד"צ של 8.18 "הוצאת הרב הרשקוביץ", (ירושלם תשטז). סודרה ונדפסה על פי 8.19 "הוצאת אגודת חכמי סלאוויטא, בני ברק", ירושלים (תשך). ד"ס של 18.20 "הוצא ע"י חתנו הרב מנחם מענדיל יוסף זאקס", ניו יורק תשך. ד"צ של 17.21* "הוצאת ועד שמירת הלשון", ירושלים תשכה. סודרה ונדפסה על פי 8.22 "הוצאת הרב הרשקוביץ", ירושלים [תשכז]. ד"ס של 18.23 "הוצאת ועד שמירת הלשון", ירושלים תשכז. ד"ס של 21.24 כנ"ל, ירושלים [תשל]. בשער: תשכז. ד"ס של 23, אלא שבמהדורה זו נספח קונטרס שפת תמים לספר שמירת הלשון ולא לספר חפץ חיים.לא עלה בידי למצוא טופס שלם** מן ההוצאה הראשונה, אך היו למראה עיני תשע עשרה מן ההוצאות הבאות.והנה בעשר מהן נדפס: בימי הריב"ש (2 4 6 7 10 11 16-13), ובתשע: בימים הראשונים (8 9 20-17 24-22).מתשע מהדורות אלו נדפסו שבע לאחר השואה, ואילו שתים מהן נדפסו כבר בימי המחבר ובהסכמתו: הראשונה (מס' 8) בשנת תרנה [כיובל שנים לפני השואה] והשניה (מס' 9) בשנת תרסב. בהוצאת תרנה נדפס: "שהיה בימים הראשונים" ושתי האותיות האחרונות (ים) יוצאות מחוץ לשורה, אך בהוצאת תרסב סודרה השורה מחדש, כדי ליישרה עם חברותיה, ונדפס: שהי' בימים הראשוני'.כל המשוה את שתי ההוצאות של הרב זאקס (ניו יורק תשיב ותשך) להוצאת ווארשא תרנה, יתברר לו למעלה מכל ספק שהראשונות אינן אלא דפוסי-צלום של האחרונה! וחתן המחבר לא תיקן, לא סילף ולא זייף את הנוסח המקורי. ואף ההוצאות האחרונות, שסודרו מחדש, נדפסו על פי ווארשא תרנה. ואין לתלות בוקי סריקי במוציאיהן. נמצינו למדים, שאך לשוא שקד הכותב (המסתתר בכנוי "יצחק מ. שמואלי") למלא שש עמודות (450 שורות!) בדברי הבל וריק ובהטחת האשמות שוא ללא כל יסוד.ואם ישאל שואל: מה טעם תוקן הנוסח בהוצאת תרנה? אין בפי תשובה ודאית. אך ניתן לשער, כי המחבר "נכשל" בפענוח הריב"ש וסבור היה שהוא בעל שו"ת הריב"ש, היינו ר' יצחק בר ששת, מחכמי הראשונים (ה'פו-קסח), וכאשר נודע לו מקור הסיפור (שבחי הבעש"ט!) ונתבררה לו זהותו של הריב"ש שהוא ר' ישראל בעל שם, רבן של חסידים, הלך והחליף את המלים "בימי הריב"ש" במלים אחרות (בימים הראשונים). ואך צחוק עשה לנו הכותב בקביעתו המגוחכת כי "לפני קרוב למאה שנים, עת המתיחות בין המתנגדים ולבין החסידים… בא בעל ה'חפץ חיים' לעשת צעד פייסני כזה, להזכיר את הריב"ש, יוצר החסידות, בספרו… כנגד… לשון הרע"…אינני מתימר להיות בקי בספריו המרובים של החפץ חיים, אך לפי מיעוט ידיעתי אין הוא מזכיר בשום מקום לא מחבר חסידי***, לא ספר חסידי ולא ספור חסידי. ולו חפץ היה "לעשות צעד פייסני כזה" הרי היו לפניו הזדמנויות מרובות מלבד המעשה "בגלגול סוס". ואם לא עשה כן, ודאי טעמו ונמוקו עמו, משום שהיה "מתנגד" לחסידות. מובן, שאין בכך כדי לגרוע ח"ו מכבודו. ואף החסידים הכירו בגאונותו ובצדקתו, וספריו נתחבבו עליהם. ושלום על ישראל.ואחתום במאמרו של רב יהודה: לא חרבה ירושלים אלא בשביל שביזו בה תלמידי חכמים (שבת קיט ע"ב). יהי רצון שנזכה לנחמת ציון ובנין ירושלים.שמואל אשכנזי 
* שמואלי כותב: "קונטרס 'שפת תמים' צורף לכל המהדורות הראשונות של הספר 'חפץ חיים'". ואני איני מכיר אלא מהדורה אחת בלבד שבה נספח הקונטרס לספר חפץ חיים, והיא אחרונה (23). מהדורה זו נדפסה בשם "כל ספרי המוסר על עניני שמירת הלשון, מאת רבנו רבי ישראל מאיר… הכהן".** ראיתי טופס שנשמט ממנו הקונטרס. ומן הענין להעיר, שגם מן ההוצאה השניה (תרלט) מצויים טפסים בהשמטת הקונטרס. גם בימינו נדפס ספר שמירת הלשון בלי הקונטרס, כגון: ירושלים תשיד (הוצאת הרב הרשקוביץ) ותשטז (הוצאת הועד המרכזי לשמירת הלשון).*** להוציא את רש"ז מלאדי, ש"שולחן ערוך" שלו הובא הרבה במשנה ברורה.
הערות מאת אליעזר בראדט:

א. לאחרונה ענין זה נדון על ידי ר' יהושע מונדשיין כאן וכאן.
ב. בביאור הלכה סי' רי"ד בסוף הוא הביא דברי ה'דרך פקודיך'.
ג. במשנה ברורה סי' תצד ס"ק יב לענין טעם לאכילת מאכלי חלב בשבועות הוא כתב בשם גדול אחד: "אמר טעם נכון לזה כי בעת שעמדו על הר סיני וקבלו התורה [כי בעשרת הדברות נתגלה להם עי"ז כל חלקי התורה כמו שכתב רב סעדיה גאון שבעשרת הדברות כלולה כל התורה] וירדו מן ההר לביתם לא מצאו מה לאכול תיכף כ"א מאכלי חלב כי לבשר צריך הכנה רבה לשחוט בסכין בדוק כאשר צוה ה' ולנקר חוטי החלב והדם ולהדיח ולמלוח ולבשל בכלים חדשים כי הכלים שהיו להם מקודם שבישלו בהם באותו מעל"ע נאסרו להם ע"כ בחרו להם לפי שעה מאכלי חלב ואנו עושין זכר לזה". ר' גדלי' אבערלאנדער בספרו 'מנהג אבותינו בידנו', ב, מאנסי תשסו, עמ' תרלד מביא שר' נחום גרינוואלד העיר שגדול אחד הוא ר' לוי יצחק מבארדיטשוב שדבריו בזה הובא בספר תולדות יצחק לר' יצחק מנשכיז. [על דברי ה'גדול אחד' ראה דברים חשובים אצל ר' אהרן מיאסניק, מנחת אהרן, ירושלים תשסח, עמ' קב-קו; פרדס אליעזר, עמ' רעט- רפב].

ד. בקשר לדעת החפץ חיים על חסידים וחסידות ראוי להביא דברי בנו ר' ליב בשם אביו החפץ חיים בזה:
1. בעשירות שניו לעת זקנתו היה מחשיב מאוד עדת החסידים, באמרו כי הם בזמנינו ככותל אבנים שנקרא בראנדוואנט שמעמידים בין בתי עץ, שאינה מניחה להתפשטות שריפה, ובימינו שנגף הכפירה פשטה בכל עבר ופאה, ולאלפים שהם מאמינים בד' ובתורתו  אבל כמו מתביישים בקיום מצותיה, בריש גלי, בל יהא לשחוק בין הגויים, ובין פרצי עמנו שרבו המלעיגים מכל קודש, עלינו לשבח החסידים שהם אמיצי רוח, עושי דברו ביד רמה, ובפומבי, ועוד הם מגדלים בניהם לתורה ולעבודה כאבותיהם. רוממות אל בגרונם, ולשונם כחרב להשיב להחפשים אל חיקם עשרת מונים בוז וקלון,, ועל כל פשעים, תכסה אהבת ה'… (דוגמא מדרכי אבי זצ"ל, עמ' טו, אות מ).

2. זכרוני לפני שלשים שנה בערך בהתישבי בפולין והחלותי למכור ספרי מר אבי ז"ל, עיקר פדיוני היה בבתי מדרשות של החסידים, שרובי הכתות שבהם הם בני תורה, והיו לוהטים מאד לספרי מר אבי. ביחוד לספרי משנה ברורה שכפי מבטא שלהם הוא נחוץ להם כמו לחם, וכמעט כל חסיד קנה ספרינו (דוגמא מדרכי אבי זצ"ל, עמ' טז, אות מא).
3. פעם שמע שמדברים על רודת החסידות והמגרעות שיש בהם, ולא נחה דעתו, וסיפר להם מעשה איך שבימי הגאון ר' חיים מוואלזין היה בעירו בעל הבית אחד, שלמד תלמוד ואמרו עליו שחזר כבר על הש"ס כמה פעמים, והוא בקי כמעט בו, והירדו הגאון ר"ח בקימה כשנכנס, והיו אז בישיבת ר' חיים אברכים גדולי תורה, ושחקו כשקם רבם בפני הבעל הבית הלז, באמרם, בפני מי קם רבנו, אם בקי הוא במלות, אבל בכמה מקומות אינו מבין הפשט, וענה להם רבם ר"ח, יש שני שסים ש"ס אחד הוא דפוס אמשטרדם, יקר מאוד הן במראיתו הן בהגהות ותיקונים רבים שיש בו, ויש ש"ס זולצבאך, עליו אינם בהירים כל כך, גם נמצא בו שיבושים אבל אם יעלה על הדעת מי שהש"ס דזולצבאך אין לו קדושת ש"ס. כן הבעל הבית הזה, אפשר יש בתורתו איזה שיבושים אבל בעיקרו יודע הוא את הש"ס, והנמשל הוא לענין חסידים אם יש בהם איזה שגיאות, אבל בעירם הם מחזיקן בתורת ה' בכל נפשם ומגדלים את בניהם ביראת ה' ומשיאים את בנותיהם לשומרי תורה ומצוה, ומה לנו עוד" (דוגמא מדרכי אבי זצ"ל,  עמ' יז-יח, אות מב).
4. דברו אתו פעם על דבר חסידים ומתנגדים, ענה ואמר, חכמינו אמרו לעתיד לבוא מבא הקב"ה ספר תורה ומניחה בחיקו ואומר מי שעסק בה יבא ויטול שכרו, הרי שאין שואלים כלל לאיזה עדה הוא שייך, אלא אם קיים התורה הרי טוב ואם לאו ח"ו, לא יועילו לו שום עדה ששייך לה, גם אח לא פדה יפדה איש (דוגמא מדרכי אבי זצ"ל, עמ' סב, אות לב).
 

5. בתשמד פרסם ר' משה גליס רשימה בביליוגרפית של החפץ חיים בשם 'כתבי החפץ חיים הרב ישראל מאיר מראדין', ושם בעמ' 42-44 הוא מונה 34 מהודרות של הספר עד שנת תשלט.




Zafenat Pane’ah—A Further Example in the Titling of Hebrew Books

Zafenat Pane’ah—A Further Example in the Titling of Hebrew Books
by Marvin J. Heller[1]

Pharaoh called Joseph’s name Zafenat Pane’ah and he gave him Asenath daughter of Poti-phera, chief of On, for a wife. Thus Joseph emerged over the land of Egypt (Genesis 41:45). Zafenat: Zafenat Pane’ah. This name means decipherer of the cryptic (revealer of secrets). There is nothing similar to pane’ah in Scripture (Rashi).

The titling of Hebrew books is a beguiling subject. It has been addressed in several works and I too have addressed the subject in a number of articles. My articles differ, however, from the other studies which are concerned with the titling of books in an overview or general manner, that is, in the manner in which books are titled.[2]

Hebrew book titles often do not reflect the contents of a book, for as Dr. Joshua Bloch observes, that among the most curious characteristics of Hebrew books is that titles “frequently conceal the contents of important works which might otherwise be consulted in the course of research.” As an example, he quotes “Isaac Samuel Reggio (1784-1855), an eminent Italo-Jewish scholar, in his edition of the Behinot HaDaat (Examination of Religion) by Elijah Del Medigo (1460-1497), significantly observed that the book in addition to its other good qualities carries a title corresponding to its contents – a distinction rare among Hebrew books.”

In contrast, my articles explore the various and multiple uses of single titles, themed book titles, as well as titles from Shir ha-Shirim (Song of Songs).[3] In these cases, as Bloch observed, the subject of the book is not immediately obvious from the book title, indeed it might be considered concealed. This article focuses on a title from a unique biblical verse, employing a name that implies cryptic meaning, making its employ by varied books all the more intriguing.

The books with the cryptic title we are concerned with are entitled Zafenat Pane’ah, from the verse noted above “Pharaoh called Joseph’s name Zafenat Pane’ah.” Sixteen varied books, as well as two books with the expanded title Ẓafenat Pane’aḥ Hadash, are recorded in the Bet Eked Sefarim, a bibliography of titles set in Hebrew letters printed from 1474 through 1950.[4] In addition to the works recorded in the Bet Eked Sefarim there have been several additional printings of books with that title as well as books printed under other titles that are composites of several works, some including parts entitled Ẓafenat Pane’aḥ or with subsections or commentaries so entitled.

The examples of books entitled Ẓafenat Pane’aḥ follows, in chronological order, in two parts. The first part is comprised of expansive descriptions of books with our title, the second is concise descriptions of examples of other works with our subject title. In neither case are the titles to be considered comprehensive but rather an example of the varied and expansive uses made by authors in entitling their books Ẓafenat Pane’aḥ.

I

Abraham Menahem Rapa mi-Porto (Rapaport) Ashkenazi, Sabbioneta , 1555: Our first title, appropriately enough, is a work on cryptography by R. Abraham Menahem ben Jacob ha-Kohen Rapa mi-Porto (Rapaport) Ashkenazi, 1520-c.1594). Abraham Menahem served as rabbi in Verona, as well as heading a famed yeshiva in that location. Prior to accepting his rabbinic position, Abraham Menahem studied secular as well as rabbinic subjects, particularly medicine, and worked as an editor in Hebrew print-shops. His wide scholarship is evident from his other works, particularly his Torah commentary based on Midrashim, Minhah Belulah (Verona, 1594).

1555, Zafenat Pane’ah Abraham Menahem ha-Kohen Rapaport
Courtesy of the Jewish Theological Seminary 

1555, Zafenat Pane’ah
Courtesy of the National Library of Israel

Abraham Menahem spent two years preparing Zafenat Pane’ah. It is a small work, actually a small booklet, described as either a duodecimo (120) or an octavo (80) consisting of [6ff]. In the absence of the place of publication, locations such as Venice (Steinschneider), Ferrara (BenJacob), and Sabbioneta (Sonne) have been suggested. Avraham Yaari, following Sonne, records Zafenat Pane’ah as a Sabbioneta imprint, including it among the books published by the Foa press in that location.[5] The National Library of Israel records Zafenat Pane’ah, giving the location as Sabbioneta but also notes Riva di Trento as a possible place of publication.[6]

The title-page, perchance intentionally cryptic, does not identify the publisher, place of printing, or author, although the latter is evident from the text. Zafenat Pane’ah was, as noted above, published as a small booklet. The text of the title-page, again, lacking the date and place of publication, as well as having no ornamentation, states,

“See, this is new!” (Ecclesiastes 1:10); “In a levelled way” (cf. Jeremiah 18:15); “that they should do according to every man’s pleasure” (Esther 1:8); to write letters to one’s companion as a sealed book that will not be intelligible to those who see it. Even if alien eyes peruse the writing, in this manner it will be a great marvel, that tens of thousands of men all together should write in this way, that one should not understand the thinking of his companion. Even if “all go to one place” (Ecclesiastes 3:20) and hew from one quarry, something impossible to be heard and from intelligence withheld. If not after searching this page, confirming its great benefit as “your eyes uphold righteousness” (cf. Psalms 17:2).

The title-page is followed by Abraham Menahem’s lengthy effusive dedication to his uncle, R. Jacob Mugil, in which he also discusses the need for and value of cryptography, concluding with the date Tuesday, 15 October, 1555, Venice, signed Menahem of Porto. Next is a brief introduction in which the rules of encryption are discussed. He writes that there should be a sign between the writer and the recipient, whether in Hebrew, Ashkenaz, or whichever language the writer chooses, and it does not matter if the signs are numerous or few in number. “‘One who does much sacrifice and one who does less, as long as’ (Berakhot 5a, 17b) he places one letter with another as I will explain.” After some brief instructions on spacing Abraham Menahem signs his name as Menahem ben Jacob ha-Kohen from Porto.

Abraham Menahem’s name follows given in a bold, brief statement referring to the coding of his name, and, also in bold letters, the verse “If you had not plowed with my heifer, you would not have found out my riddle,” (Judges 14:18 ) This is followed by an example, in which Porto’s name appears as Menahem bar Jacob ha-Kohen mi-Porto, followed by the verse. His name is then spelled out over the verse as an encryption example. The text follows, discussing the subject of cryptography.[7]

Abraham Menahem was an eyewitness to the burning of the Talmud in Venice in 1553, which tragic event is reported in the Minhah Belulah, on the phrase “. . . a fiery law unto them,” (Deuteronomy 33:2), where he writes “I fixed these days for myself, for each and every year, for fasting, weeping, and mourning, for this day was as bitter for me as the burning of the House of our God (the Temple).

Anonymous, Prague, [1617]: Our second Zafenat Pane’ah, also a small work, is a very different type of book from Abraham Menahem’s Zafenat Pane’ah. This Zafenat Pane’ah is an alphabetical listing of the chapter heads of Mishnayot in the Babylonian Talmud. It was published at the press of Moses ben Joseph Bezalel Katz in Prague ([1617]) as a quarto (40: 4 ff.). Neither the compiler’s name nor the date are given, the latter being an estimate only. The anonymous author provides a detailed title page in lieu of an introduction, writing:



1617, Zafenat Pane’ah, Prague
Courtesy of the Jewish National and University Library

“O taste and see” (Psalms 34:9) this book, small in size but of great value. “The bed is too short” (cf. Isaiah 28:20) the presentation is long. Many run to and fro, seeking but do not find, “for it was not seen to this day” (I Kings 10:12). How do I think to reset that “which the early ones marked out” (cf. Deuteronomy 19:14), to establish markers and to wrap myself in a tallit stolen from its owner. Who is the man who would think so, to think of me an unfit thought, that I draw waters that are not mine, and I had already “hidden myself among the baggage” (I Samuel 10:22) to avoid the complaints of the mockers. However, the majority urgings of my associates and their desire convinced me to fulfill their requests, because “He who withholds grain [the people will curse him]” (Proverbs 11:26). As not everyone is able to acquire every book which is included and mentioned in this work, all is included here, and whatever time would be lost in trying to locate whichever chapter in all of the books, for it is a spread table (shulhan arukh) with all the savory food from which all the house of Jacob will be fed and nurtured. And I say concerning it, “fortunate is he who comes here and has the learning of all his books is in his hand” (cf. Pesahim 50a, Mo’ed Katan 28a, Ketubbot 77b, Bava Batra 10b). . . .

He concludes that that it is Zafenat Pane’ah (revealer of secrets, Genesis 41:45) for it reveals that which is hidden in the hearts of man. One should acquire this book, honor the Lord, and merit to see the coming of the Messiah speedily in our day.

The text follows in three columns in square letters. Each entry is comprised of the initial words of the first Mishnah in a chapter, the chapter umber, and the tractate name, arranged alphabetically by the first word in a Mishnah. At the end of the volume is a brief colophon summarizing the contents.

Joseph di Trani’s (Maharit), Venice, 1648: In 1648, the Venentian Vedramin press published a folio (20: [2], 236, 13 ff.) edition of R. Joseph ben Moses di Trani’s (Maharit, 1568–1639) discourses on the weekly Torah portion and festivals, entitled Zafenat Pane’ah. Trani was born in Safed under auspicious signs. On the night that he was born R. Moses Alshekh reputedly saw a great light over his house; his name was selected prior to his birth by R. Moses Cordevoro; his father noted that the year of his birth equaled איש חי (329 = late 1568; a valiant man, II Samuel 23:20), and he received a blessing from R. Joseph Caro prior to the latter’s death. Plague forced him to leave Safed for Egypt, returning, spending some time in Damascus and Jerusalem, but, by 1594 in Safed for an extended period of time where he headed a yeshivah. In 1599, he was sent as an emissary from Safed to Constantinople, and after a second visit, in 1604, heading a yeshivah, and eventually becoming chief rabbi. Among his students were R. Hayyim Benveniste, R. Joshua Benveniste, R. Hayyim Algazi, and R. Solomon ha-Levi.

The title page says that it is Zafenat Pane’ah, “satisfied with favor, and full of” (Deuteronomy 33:23) discourses on the Torah, updated, that were written and corrected by the great man . . . Printed “In the year of this הזאת (5408 = 1648) jubilee you shall return” (Leviticus 25:13).

The title page is followed by two quatrains of verse from the author’s son, R. Moses di Trani, with the heading, “I am the poorest of the poor” (cf. Judges 6:15) “my mouth shall praise you with joyful lips” (Psalms 63:6). Next is Moses’ introduction, the introduction of R. Yom Tov ben Yaish, and verse in praise of the author from his young pupil R. Isaac Alankowa, each paragraph beginning with the word kol (voice), all in a single column in rabbinic letters. At the end of the volume is the introduction of the second editor, R. Jacob ben Moses ha-Levi. The last introduction is printed twice, once with and once without Moses’ name and with variant headings. Zafenat Pane’ah concludes with indexes of verses, Midrashim, and rabbinic sayings. In his introduction Moses begins paragraphs two through nine with the phrase “before the light of the Torah became submerged” due to the destruction of the first Temple; decrees of the wicked Greek kings; destruction of the second Temple; etc. The following ten paragraphs begin “This” is in praise of his father and his work.


1648, Zafenat Pane’ah, Joseph ben Moses di Trani (Maharit), Venice
Courtesy of the Library of Agudas Chassidei Chabad Ohel Yosef Yitzhak

Zafenat Pane’ah is comprised of two to three sermons on each parashah and on festivals. Each homily begins with a quote from a Midrash or equivalent source in square letters, which is then explicated. Sources are given in the margins. The only decorative material is the frame about the heading of the first discourse and a design after the introduction of Jacob ben Moses with his name.

This is the only edition of Zafenat Pane’ah. Other works, excepting di Trani’s responsa and novellae, are no longer extant.

Samuel ha-Kohen di Pisa Lusitano, Venice, 1656: Controversial commentary on the difficult passages in the books of Ecclesiastes and Job by R. Samuel ha-Kohen di Pisa Lusitano (16th-17th cent.). Printed as a quarto (40: [4], 3-33 (should say 31) ff.) in 1656 by the Vendramin press in Venice, this is the only edition of this Zafenat Pa‘ane’ah, the only work of Lusitano, a scholar of Portuguese origin. The title, appropriately, reflects Lusitano’s purpose, to be, appropriately enough for our title, a revealer of secrets (Rashi on Genesis 41:45). Zafenat Pane’ah’s title page states that it is “on the unusual terms in Ecclesiastes and an explanation of Job, ‘a blameless and upright man, one who fears God and turns away from evil’ (Job 1:1, 8, 2:3). Also included are correct allusions on the precept of Parah Adumah (red heifer, Numbers 19:2).”

1656, Zafenat Pa‘ane’ah, Samuel ha-Kohen di Pisa Lusitano, Venice
Courtesy of Virtual Judaica

The title page is dated in the month Sivan in the year 416 (1656). Nevertheless, some bibliographic works, such as the Hebrew Bibliographic Project, based on references in the text, record it as a [1640] imprint. There are several pages of verse (2a-4a) in praise of the book by R. Leone (Judah Aryeh) Modena, R. Jacob ben Moses Levi, יא”ק (R. Joshua Abraham Kalimoni), אמ”ט (I, Moses Treibush of the seed of Jacob), and R. Jacob ben Abraham Shalom, nephew of Lusitano. Next is a warm letter ([4b]-4a) to Lusitano from R. Simhah Luzzatto, who raises the question of whether Job, at the time of his afflictions, denied reincarnation. Lusitano’s brief introduction (4b) follows, in which he notes that it is incumbent upon every Jew to learn Torah and to delve into the books of the Bible. He has turned to the works of “the sage Solomon” in the deep work Ecclesiastes and portions of Job and also to the precept of Parah Adumah. It is not Lusitano’s intent to bring novel interpretations but to elucidate the explanations of the sages.

Zafenat Pane’ah, in a single column in rabbinic letters, is divided into fourteen chapters, one through seven on Ecclesiastes, eight through thirteen on Job, and fourteen on Parah Adumah. Several chapters deal with the Messiah, or other controversial subjects: for example, 2) the time of the Messiah, 3) whether a person born after his coming will die, 4) if after reincarnation the Lord will renew the world in such a manner that they will be angels, 8) whether Job is Job ben Issachar ben Jacob, and 11) allusions to Leviathan on the war of Gog and Megog and whether the Lord revealed to Job his ways, wisdom, and knowledge.

Lusitano’s positions, particularly on reincarnation, incurred opposition from several rabbis. Most notable is R. Samuel Aboab (1610-94), who in his responsa, Devar Shemu’el (Venice, 1702), writes that when he saw the manuscript of Zafenat Pane’ah he was greatly pained and wrote to Lusitano attempting to prevent its publication. Attempting to explain the coming of the Messiah and reincarnation from the verses in Ecclesiastes is like attempting to “make an elephant pass through the eye of a needle” (Berakhot 55b) and attempting to determine these times is in opposition to the Rambam. Worst of all, he endangers the people by confirming that for this generation is written the end of days and Moses’ promise of redemption.

Joseph (Ashkenazi), Frankfurt on the Oder, 1693-94: Zafenat Pane’ah Hadash, homilies on diverse subjects by R. Joseph ben Moses (Ashkenazi), darshan of Przemyslany and rabbi and dayyan in that location (17th cent.) was printed in Frankfurt on the Oder in 1693-94 at the press of Michael Gottschalk as a quarto (40: 60 ff.). Joseph ben Moses was also the author of Keter Torah (Berlin, 1699), and a commentary on the Haggadah included in Haluka de-Rabbanan (Amsterdam, 1695). The title page describes it as:

Discourses, pleasing and delightful, a “work well set” (cf. Isaiah 3:24), a work of great sharpness, “more precious than fine gold” (cf. Isaiah 13:12) and pearls. His Torah was expounded with forty-nine faces, and within each and every entry you will find many views. Written by the great rav, the darshan of Przemyslany, R. Joseph ben Moses, grandson of the gaon R. Abraham Ashkenazi, descended from Rashi, son-in-law of R. Naphtali of Przemyslany, and author of Ketonet Passim.

Beginning of work is dated to Tuesday, the day that it states two times “it was good טוב (15)” (Genesis 1:10, 12) Kislev “And Pharaoh called Joseph’s name Zafenat-Pane’ah (he who explains what is hidden) שם יוסף צפנת פענח (454 = December 5, 1693)” (Genesis 41:45). The colophon (59b) dates completion of the work to Thursday, 2 Shevat, “One law shall be for him who is native born, and for the stranger who sojourns among you תורה אחת יהיה לאזרח ולגר הגר בתוככם (454 = January 28, 1694)” (Exodus 12:49). There is an approbation signed by nine rabbis from the Va’ad Arba Aratzot (1b); Joseph’s introduction (1b-2b), beginning that the Torah is expounded in 49 ways and concluding that the book is named Zafenat Pane’ah for it reveals that which is concealed; the text (3a-59b) in two columns in rabbinic letters; concluding with errata (60a-b) and a list of abbreviations (60b).

Zafenat Pane’ah Hadash is comprised of 60 discourses on diverse subjects, most discourses addressed in several homilies, varying in number from one homily (17 discourses) to sixteen (1) entries and in length from several pages to brief paragraphs The subjects are Adam and Hava, explained in sixteen entries; Patriarchs and Matriarchs; Eretz Israel; first-born; creation; blessing; exile and redemption; robbery; redemption and David (15 Shir ha-Ma’alot); judgment, mercy, and David; hekdesh; confession and repentance; merit and obligation; sin and punishment; tohorah and tuma; Jacob and tribulation; Judah, yibum and halizah; priesthood; honor of Torah and Torah scholars; honor, praise, and rising; learning the written and oral Torahs; Mizraim; Tabernacle and Temple; Moses and Aaron; flood and dispersion; angels; damages, marital property (melog and zon barzel); marriage and divorce; Sodom and Gomorrah; Sanhedrin; witnesses; slaves; Pesah, removal of hamez; Pharaoh and Mizraim; zaddikim; curse and blessing; Korah and his assembly; Cain and Abel and the splitting of the Reed Sea; Kri’at Shema; betrothal; considerable possessions; the wicked; Shabbat; representatives; tribes; oaths; reward and punishment; reward of mitzvah and Torah; resurrection; repentance; and terumot and ma’aserot.

1693-94, Tzofnat Pa’aneah Hadash, Joseph ben Moses of Przemyslany, Frankfurt am Oder
Courtesy of the Society for the Preservation of Hebrew Books

The title-page has an elaborate pillared form comprised of two cherubim at the top blowing horns and at the bottom an eagle with spread wings. Within the wings is a carriage and figures, and in the middle of this scenario is a depiction of the Patriarch Jacob meeting Joseph in Egypt, recalling “And Joseph made ready his chariot, and went up to meet Israel his father, to Goshen, and presented himself to him; and he fell on his neck, and wept on his neck a good while” (Genesis 46:29).[8]

Jacob Joseph ha-Kohen Katz, Koretz, 1782: A commentary on Exodus by R. Jacob Joseph ben Zevi ha-Kohen Katz of Polonnoye (d. c. 1782). Among the foremost disciples of the Baal Shem Tov, Jacob Joseph was a scion of the kabbalists R. Samson ben Pesah of Ostropol (Ostropoler, d. 1648) and R, Joseph Katz (17th century), and of R. Yom Tov Lipman Heller (1579–1654). Jacob Joseph’s most famous work is Toledot Ya’akov Yosef (Korets, 1780), discourses on the weekly Torah readings and the first Hassidic book to be published.[9]

1782, Zafenat Pa‘ane’ah, Jacob Joseph of Polonnoye, Koretz
Courtesy of the National Library of Israel

Jacob Joseph’s Zafenat Pane’ah was printed in Koretz ([1] 35 ff.) at the press of Tsevi Hirsh ben Aryeh Leib Margolis (Margoliot), the first of two of Jacob Joseph’s works printed there at this time. Zafenat Pane’ah was preceded by Ben Porat Yosef (1781), on Genesis. The title-page, dated “How abundant is the good that You have in store [for those who fear You] מה רב טובך אשר צפנת (542 = 1782)” (Psalms 31:20) references Jacob Joseph, noting his Toledot Ya’akov Yosef and refers to the man of God, ISRAEL [Ba’al Shem Tov], informing that it was brought to press by his, Jacob Joseph’s, son-in-law R. Abraham Dov Ber, av bet din Hamaltzik.

The title-page is followed by the introduction which has an interesting and unusual heading, stating that the introduction to this work “has been printed before, twice in two of the author’s books, and is included here so as not to have a blank page. Printed here is an omission from Parasha Ki Sisa (Exodus 30:11-34:35).” It is not only the introductions that are alike, for Ya’aḳov Shemuʼel Shpigel informs that the title-page of Zafenat Pane’ah and Ben Porat Yosef, are also alike. He suggests that Jacob Joseph was not present and it is difficult to know who was responsible for the title-pages. Shpigel does note, however, that the reference to Jacob Joseph’s son-in-law is modified and either he or the printer might be responsible. The reference to the Ba’al Shem Tov is unchanged.[10]

Jedaiah ben Abraham Bedersi (Ha-Penini); Isaac Eisig ben Isaiah Auerbach (Reis) 1797: Classical ethical work, Beḥinat Olam (Examination of the World), by R. Jedaiah ben Abraham Bedersi (Ha-Penini, c. 1280 – c. 1340) with the commentary Zafenat Pane’ah by R. Isaac Eisig ben Isaiah Auerbach (Reis, early 18th century). A popular work, the Bet Eked Sefarim records as many as many as seventy-three printings of Beḥinat Olam, including editions with varied commentaries, three with Zafenat Pane’ah.[11] This printing of Beḥinat Olam, with the commentary Zafenat Pane’ah, was published in Brunn at the press of Joseph Karl Neiman as an octavo (80: 45 ff.). It was preceded by a Sulzbach edition (1744). Parenthetically, Beḥinat Olam was first printed in Mantua in 1478. This is the twenty-fifth edition of that work.

Jedaiah ben Abraham Bedersi (Ha-Penini), was a poet, physician, and philosopher. Among the other works credited to him is Baḳḳashat ha-Memim (The Mem Prayer) composed when he was fifteen. A versified prayer of 1,000 words each of which begins with the letter mem. He also wrote a commentary on the Haggadah, Ohev Nashim (In Defense of Women), Sefer ha-Pardes on such various subjects as isolation, worship, science, and grammar. Beḥinat Olam, Bedersi’s best known work, written after the expulsion of the Jews from France in 1306, is a versified examination, in thirty-seven chapters, of the vicissitudes and vanities of life, with religious and philosophical insights.

This Zafenat Pane’ah is a commentary on Beḥinat Olam by Isaac Eisig ben Isaiah Auerbach. Auerbach was a German grammarian and commentator. He was the author of several books on Hebrew grammar, reputedly motivated by his inability to understand Rashi, causing him to study philology. He eventually wrote Be’er Reḥovot (Sulzbach, 1730), a commentary on the Rashi on the Torah. He was the author of this Zafenat Pane’ah, a Yiddish translation and adaptation of Beḥinat Olam.[12]

1789, Beḥinat Olam with Zafenat Pane’ah, Brunn
Courtesy of the Jewish National and University Library

The title-page is followed by Auerbach’s introduction in which, at both the beginning and the end he describes Zafenat Pane’ah as being an explanation and interpretation (Zafenat Pane’ah). It is followed by the text which is in two columns, the inner columns the text of Beḥinat Olam in square vocalized letters, the outer column Zafenat Pane’ah set in Yiddish in Vaybertaytsh, a type generally but not exclusively reserved for Yiddish books, so named because these works were most often read by the less educated and women.[13]

II

Zafenat Pane’ah, as noted above, is an intriguing title for a book. Based on the rare appearance of the verse “Pharaoh called Joseph’s name Zafenat Pane’ah . . . (decipherer of the cryptic (revealer of secrets), a name that appears once only in the Bible. Zafenat Pane’ah is a name of Egyptian origin, it being the name given by Pharoah to Joseph, albeit one recognizing his rare ability to decipher Pharoah’s dreams. As a title, Zafenat Pane’ah has had an allure for authors. Of the books described above one only deals with cryptography, while several of the first group of books’ authors are named Joseph. Perhaps the allure of the name, Zafenat Pane’ah, decipherer of the cryptic (revealer of secrets) is seen by the authors as being applicable to their works, finding meaning in their interpretations of obscure passages in scriptures and other challenging works.

Our Zafenat Pane’ahs, the subject matter of this article, are early printings. It is important to note that later publications with our title, beyond the scope of this article, while not addressed in any detail, are also of interest. Indeed, note should be taken that several of these later works are, valuable and noteworthy. Below are concise examples of several later works entitled Zafenat Pane’ah

R. Elijah Guttmacher (1795–1874), a student of both Kabbalah and general studies, served as rabbi in Pleschen and Grodzisk Wielkopolski, attracting followers who came to him for amulets, cures, and guidance. He was unusual, in contrast to both Orthodox and assimilationist rabbis, in being a supporter of the Ḥibbat Zion movement. Author of works on Mishnayot and the Talmud, Guttmacher’s titles also include a Zafenat Pane’ah (Brody, 1875, below) “devoted to the tales of Rabbah b. Ḥana as told in Bava Batra.”[14] R. Saul Nathan Nathansohn, in his approbation to this work, writes that Zafenat Pane’ah is so entitled because it is an explanation of the aggadah of Rabbah bar Ḥana which is “obscure and sealed,” all the earlier geonim put their hearts to elucidating it and even the Vilna Gaon wrote a commentary on it.

A sad, tragic Zafenat Pane’ah is the eulogy by R. Asher Nissan ben Judah Leib Levinsohn for his only son, R. Menahem Nahum Nathan. Printed in Vilna (1875), the title-page describes Menahem Nahum Nathan as a gaon, gadol, and sage, and informs that Asher Nissan was the author of such works as Gan Ne’ul, Afikei Yehudah, and Likkutei Shoshanim. In a preface to the reader, Asher Nissan informs that he has entitled the eulogy Zafenat Pane’ah “Because his name is becoming נאה to him and he is becoming to his name, for my son, the gaon.”

Among the later editions of Zafenat Pane’ah are several books entitled Zafenat Pane’ah by the illustrious R. Joseph Rozin (Rosen, Rogachover, 1858–1936). A prolific author, all of his numerous and varied works on the Torah, Talmud, Rambam, and responsa have the title Zafenat Pane’ah.[15]

Our final Zafenat Pane’ah is a commentary on the Torah and festivals by R. Pinchas Shapira ben Shalom, published in Jerusalem (1964). A resident of Kozakonyha, Marmaros from from 1905, he was deported by the Hungarians during World War I to Galicia, settling, in 1918, in Felsovisso. He perished in the Holocaust.[16] His Zafenat Pane’ah was published by his son-in-law, R. Menahem Mendel Taub, the Kaliver rebbe. In the introduction Pinchas Shapira writes that he has entitled this work Zafenat Pane’ah because it alludes to his name and to the names of his father and of his mother. The initial numerical values of Zafenat Pane’ah צפנת פענח are, together with the number of its letters and general number (828 + 8 + 1 = 837), equal to Pinchas פינחס (208) ben במוה”ר (253) Shalom שלום (376 = 837). A second example is Pinchas פינחס ben Hanna Sarah בן חנה שרה (208 + 620 = 828).

III

Our Zafenat Pane’ahs and a [Hadash], noted both in some detail and concisely, encompass such varied subjects as cryptography, an alphabetical listing of Mishnayot chapter heads, biblical interpretations, a eulogy, an ethical work, and other diverse subjects. All reflecting the authors’ concerns with clarifying, making clear, that which is not clear, not immediately obvious without insightful interpretation. What then, could be more appropriate than the title Zafenat Pane’ah, “decipherer of the cryptic (revealer of secrets)”?

1875, Zafenat Pa‘ane’ah, Elijah Guttmacher, Berlin
Courtesy of Ozar ha-Hachms

[1] I would, once again, like to express my appreciation to and thank Eli Genauer for reading the manuscript and his comments.
[2] Among the authors addressing the subject of book titles are Abraham Berliner, “Shemot Seforim Ivrim,” in Ketavim Nivharim II (Jerusalem, 1969), pp. 147-48 [Hebrew]; Joshua Bloch, “Some Odd Titles of Hebrew Books,” Bulletin of the New York Public Library 41:10 (New York, October, 1937, reprinted in Hebrew Printing and Bibliography, New York, 1976), pp. 151-57; Solomon Schechter, “Titles of Jewish Books,” in Studies in Judaism, First Series (1896, reprint Philadelphia, 1938), pp. 270-281; and Menahem Mendel Slatkine, Shemot ha-Sefarim ha-Ivrim: Lefi Sugehem ha-Shonim, Tikhunatam u-Te’udatam (Neuchâtel-Tel Aviv, 1950-54) [Hebrew].
[3] My previous articles on the subject are “Adderet Eliyahu; A Study in the Titling of Hebrew Books,” in Studies in the Making of the Early Hebrew Book. Brill, Leiden/Boston, 2008, pp. 72-91; “What’s in a name? An example of the Titling of Hebrew Books,” in Further Studies, pp. 371-94; “Keter Shem Tov: A Study in the Entitling of Books, Here Limited to One Title Only” in Essays on the Making of the Early Hebrew Book (forthcoming); “Entitling Hebrew Books from Shir ha-Shirim: (Song of Songs)” in Essays; and “For a Remembrance: Books so entitled as a remembrance for the author.” (Hakirah, forthcoming).
[4] Ch. Friedberg, Bet Eked Sefarim, (Israel n.d.), tav379-396 [Hebrew].
[5] Avraham Yaari, “The Printers B’nei Foa,” in Studies in Hebrew Booklore, (Jerusalem, 1958), p. 362 n. 17 [Hebrew].
[6] National Library of Israel system number 990017477400205171.
[7] Marvin J. Heller, “Abraham Menahem ben Jacob ha-Kohen Rapa mi-Porto (Rapaport) Ashkenazi: A Renaissance Rabbi of interest” Seforim.blogspot.com (March 17, 2021).
[8] Concerning the eagle motif on the title-page of Hebrew book see Marvin J. Heller, “The Eagle Motif on 16th and 17th Century Hebrew Books,” Printing History, NS 17 (Syracuse, 2015), pp. 16-40 and in Essays (forthcoming).
[9] Mordechai Margalioth, ed. Encyclopedia of Great Men in Israel 3 (Tel Aviv, 1986), cols., 867-69; [Hebrew]; Tzvi M. Rabinowicz, The Encyclopedia of Hasidism (Northvale, London, 1996, pp. 239-40.
[10] Ya’aḳov Shemuʼel Shpigel, ʿAmudim be-Toldot ha-Sefer ha-Ivri: be_Sha’are ha-Defus (Jerusalem, 2014), pp. 115-16 [Hebrew].
[11] Ch. Friedberg, Bet Eked Sefarim, bet 341.
[12] Yehoshua Horowitz, “Auerbach, Isaac Eisig ben Isaiah,” Encyclopaedia Judaica, vol. 2, pp. 654-655.
[13] Concerning the early use of Vaybertaytsh see Herbert C. Zafren, “Variety in the Typography of Yiddish: 1535-1635,” Hebrew Union College Annual LIII (Cincinnati, 1982), pp. 137-63; idem, “Early Yiddish Typography,” Jewish Book Annual 44 (New York, 1986-87), pp. 106-119. Zafren suggests, in the latter article, that the origin of Vaybertaytsh, which he refers to as Yiddish type, was the Ashkenaz rabbinic fonts, supplanted by the more widespread Sephardic rabbinic type which prevailed in Italy (p. 112)..
G[14] Getzel Kressel, “Guttmacher, Elijah.” Encyclopaedia Judaica, vol. 8, pp. 155-156.
[15] An example of the Rogachover’s acumen can be seen from his exposing the widely accepted bogus edition of Seder Kodashim of the Jerusalem Talmud. The Rogachover, one of the few who questioned the authenticity of the forgery, observed that each Talmudic tractate mentions at least one amora (Talmudic sage) not mentioned elsewhere, whereas in this work there are no amoraic hapax legomena. Concerning the forgery see Marvin J. Heller, “Who can discern his errors? Misdates, Errors, and Deceptions, in and about Hebrew Books, Intentional and Otherwise” Hakirah: 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. 417-20.
[16] Tzvi M. Rabinovicz, The Encyclopedia of Hasidism, (Northvale,1996), p. 450.




Comments on This and That, part 1

Comments on This and That, part 1
by Marc B. Shapiro

1. In this post I referred to R. Hayyim Hirschensohn’s Nimukei Rashi, and stated that I thought it was one of his best works. This led to some correspondence with readers regarding the commentary. I have no doubt that I could devote ten posts to Hirschensohn, but then what would happen to everything else I want to discuss? But there are people who want me to call attention to some more interesting comments from Hirschensohn. I know that among them are those who go to hebrewbooks.org and print out some of the sources I refer to and bring them to shul on Shabbat. That is fine, as long as you aren’t looking at it during the rabbi’s sermon. As it is, Hirschensohn writes a good deal about how the rabbis are not given proper respect, and how ignoramuses have all too much power. At least in one respect, however, things have gotten better since Hirschensohn’s day. In Nimukei Rashi, Bereshit, pp. 46a-46b, he speaks about how the people give more respect to the hazzan than to the rabbi. This doesn’t apply anymore because there are hardly any synagogues that still have a hazzan.

In response to requests, let me therefore mention one more very interesting passage in Hirschensohn’s Nimukei Rashi in this post (with more to come in future posts). But my real suggestion is to study it yourself, even though it might make for difficult reading at times. To paraphrase Chazal (Avot 5:22), “no pain, no gain.” Or as R. Tuvia Hanks put it: “It’s supposed to be hard. If it wasn’t hard, everyone would do it. The hard is what makes it great.”[1]

Before quoting the comment in Nimukei Rashi that I have promised, I also want to record one formulation of Hirschensohn that I think it is magnificent. While R. Soloveitchik undoubtedly would disagree with much of what Hirschensohn writes, if he would have heard the following, I know that he would have regarded it wonderful, expressing the essence of what real Torah learning is all about. In his Musagei Shav ve-Emet, Section Penei ha-Hamah, p. 64, Hirschensohn gives his definition of a lamdan. I am sure readers have their own definitions. Some will say that one who knows a few tractates is a lamdan, while other will say that one who gone through the Ketzot ha-Hoshen earns the title. Hirschensohn has his own approach:

אינני קורא למדן (שם זארגני על ת”ח גדול) רק את זה אשר רמב”ם קשה או רש”י סותרות או תוספות מופרך לא מניח לו לישון

When one can honestly say that a difficult Rambam or Rashi keeps you up at night, only then can you be called a lamdan. As I mentioned, this is a formulation that the Rav would have embraced, and he actually lived this way. I heard from Dr. David Fand, a student of the Rav from the 1940s, who studied in Boston’s Yeshivat Heichal Rabbenu Hayyim Halevi, that one night the Rav woke some students up in order to tell them a hiddush.

In Nimukei Rashi, Bereshit, p. 48b, Hirschensohn discusses the comment of Rashi, Gen. 26:8. The verse states that Abimelech looked out his window and saw that Isaac “was amusing himself with Rebekkah.” Upon this verse, Rashi, based on a Midrash, states that Abimelech saw them having marital relations. The question is, of course, obvious. How is this possible that Isaac and Rebekkah would do this in such a way that people could observe him? As Hirschensohn puts it:

ובאמת זה קשה מאד לחשוב כזאת על עולה תמימה כיצחק שיעשה דבר מגונה כזה ונגד היכל מלך

Hirschensohn therefore refuses to take this Midrash literally. He sees it as a mussar derash about how people living among those at a lower moral level can be negatively influenced by them. He offers his own example of this: elderly women in America. (By “elderly”, I think he means women over sixty.) In Europe they used to dress modestly but in America they were negatively influenced to dress in an inappropriate fashion. He continues:

ואינני חושב שחשבו חכמים שבאמת שימש יצחק מטתו ביום לפני חלון פתוח נגד היכל המלך, רק זה אחד מדרכי הדרוש המוסרי לקשור אותו לאיזה צלצול בלשון להפריז הדבר להגדיל את מוסרו.

Hirschensohn’s comment is not surprising. We have come to expect that anytime there is an unusual Midrash, or one that reflects poorly on a biblical figure, that one of the aharonim will argue that it is not meant to be taken literally. This is no different than the attempts to understand various strange Aggadot allegorically.[2] A good rule of thumb is if the Aggadah is strange, then someone will interpret it in a non-literal fashion. I opened up the Artscroll Rashi translation for the verse we are discussing and was therefore not surprised to find the following: “In truth, according to the Zohar, Isaac conducted himself modestly with Rebekkah. Abimelech did not see them in a physical sense; he understood through some astrological means that they were having relations (Maskil LeDavid).”

Regarding the character of Isaac, Hirschensohn writes:

על יצחק אשר ישב ארבעים שנה בלא אשה ולא שם עיניו על בנות הארץ וישב עשרים שנה עם אשתו בלא בנים ולא לקח אשה אחרת עליה אשר לזה הי’ דבר הרגיל מאד בכל איש שם להרבות נשים ופלגשים ושפחות, אות הוא שהי’ מצונן או מצדקתו משל ביצרו, ואיש כזה לא ישמש מטתו נגד חלון פתוח מול היכל מלך.

In dealing with the issue raised, Hirschensohn appears to be correct that there are only two options in describing Isaac. Either that he didn’t have a sexual drive or that he overcame it. Nevertheless, it does strike me as a bit strange to be speaking of the Patriarch in this fashion, although maybe this is just my own prudishness. Here, for example, is what R. Yehiel Michel of Glogau (died 1730) says about this episode with Isaac in his Nezer ha-Kodesh, vol. 3, p. 329a (64:5), a classic commentary on Bereshit Rabbah.

אע”ג דאמר ר”י המשמש מיטתו ביום ה”ז מגונה והיינו כמ”ש המפרשי’ דמיירי אפילו בבית אפל או במאפיל טליתו דאל”ה מה מגונה דקאמר הא אפילו איסורא איכא . . . ולא שרי בכה”ג בת”ח אלא לצורך שעה בראותו שיצר תאותו מתגבר עליו הרבה כדי שלא יבא לידי הוצא’ ש”ז לבטלה או הרהור רע אצ”ל דבאמת הוי נמי כה”ג ביצחק וזה רמז הכתו’ באומרו והיה כי ארכו לו שם הימים כלומר שאירע לו מקר’ כזה להתגבר יצר תאותו ע”י שארכו לו הימ’ שלא נזדווג לאשתו משו’ שמקמי הכי אפילו בצינעא בלילה לא שימש מיטתו פן תתעבר ויתפרסם הדבר לפני אבימלך ועמו אבל אז הי’ צורך שעה לכך ולזה לא נזהר מלשמש אף ביום.

The author might think he is helping Isaac’s reputation with his explanation, but I actually think just the opposite, that what he says reflects negatively on Isaac. Let’s remember who we are speaking about here. We are not talking about some average guy. We are speaking about the Patriarch Isaac, whom many sources portray as the holiest of the Patriarchs. And regarding him R. Yechiel Michel says that it was צורך שעה?! Does he really expect us to believe that it was such an emergency that Isaac couldn’t have waited until the night? With all due respect to the author, who certainly knew who Isaac was, I can’t understand how he could suggest this. Hirschensohn’s description of Isaac is thus much more in line with how the Tradition encourages us to view the Patriarchs. Of course, I understand what is driving R. Yechiel Michel, namely, the reality of Isaac having sexual relations in the daytime. Unless one is prepared to read this in a non-literal fashion, as did Hirschensohn, there is a real problem and I guess the answer he offered was the best one he could come up with.

I am sure most readers are with me in not feeling comfortable engaging in speculation about the sexual life of the Patriarchs, and yet the truth is that we find such speculation among the commentators. Let me give one example. The Torah states (Gen. 29:20): “And Jacob served seven years for Rachel; and they seemed unto him but a few days, for the love he had to her.” R. Hayyim Zev Rosenfeld, in his Sefer ha-Hayyim (London, 1922), p. 22, asks a very good question. If you love someone, and desperately want to be with her, then it is not seven years that will seem like a few days, but precisely the reverse. A few days would seem like seven years. So why does the Torah say that the years went by very quickly for Jacob? According to Rosenfeld, the answer is that Jacob’s love for Rachel had no sexual component.

Rosenfeld brings the following support for his contention. In blessing Reuben, Jacob says (Gen. 49:3): “Reuben, thou art my first-born, my might, and the first-fruits of my strength.” As a number of talmudic and midrashic passages explain, the sperm that impregnated Leah was the first one ever to leave Jacob’s body.[3] Since the Talmud tells us that a woman cannot become pregnant from the first intercourse, [4] how is it that Leah became pregnant? The Maharsha, Yevamot 34b, deals with the problem. In what can only be described as an exercise in original Midrash, Maharsha suggests that since Jacob was able to prevent any seminal emissions for more than eight decades, one can assume that in his first intercourse with Leah he also did not ejaculate (so that the sperm not be wasted). Therefore in truth, Leah did not become pregnant from the first intercourse.

Maharsha’s explanation, which shows how far removed Jacob was from carnal pleasures, is cited by Rosenfeld as support for his assumption that Jacob’s love for Rachel was entirely non-sexual:

שפיר נוכל לומר עליו באהבתו אותה שלא היה כונתו תאות המשגל

And since his love was non-sexual, that is why the long time waiting seemed like a short time.

(As is often the case with biblical commentaries, Rosenfeld’s question is better than his answer. We can all point to plenty of examples of non-sexual love in which a short time seems much longer [e.g., a parent longing for a child]. Just because Jacob’s love was non-sexual, why should that mean that seven years seemed like a few days?)

The Rashi dealing with Abimelech, Isaac, and Rebekkah reminds me of how in high school, when we first learnt Rashi intensively, we would sometimes come across texts which created all sorts of problems, and the teachers often didn’t deal with them properly. Would it have been so hard for the rebbe to acknowledge that yes, he too finds certain Midrashim strange? I specifically remember when we learnt Rashi to Gen. 25:26, which quotes a Midrash that explains why Esau was born first even though Jacob was conceived first. At the time, we were studying biology and knew that the biological description in this Rashi was incorrect. In what was for me a prologue to the Slifkin affair, one of the students raised this point. I also recall how his question was pushed aside, as if it was unimportant.[5] (Later, I was surprised to find that even in the nineteenth century R. Akiva Eger was clueless about the anatomy of pregnant women. Here is what he writes in his comment to Berakhot 63b, quoting a medieval source:

דז’ חדרים יש באשה שלשה מימין ושלשה משמאול ואחד באמצע אם תתעבר מימין יהיו זכרים ובשמאל נקבות ובאמצע טומטום או אנדרוגינוס)

Another Rashi which raised a problem, for me at least, was Gen. 24:2. Commenting on the biblical expression, שים נא ידך תחת ירכי, Rashi quotes the Midrash that Abraham asks Eliezer, in taking his oath, put his hands on Abraham’s circumcision.

לפי שהנשבע צריך שיטול בידו חפץ של מצוה, כגון ספר תורה או תפילין, והמילה היתה מצוה ראשונה לו ובאה לו על ידי צער והיתה חביבה עליו ונטלה

I remember in high school thinking that this was very strange. But I assumed that it was only since I was corrupted by modern values that I found this strange, and that those who had a pure “Torah hashkafah” would not even raise an eyebrow. I was even too embarrassed to ask the rebbe about this Rashi (which comes from Bereshit Rabbah).[6] It was only many years later that I found that the great R. Raphael Berdugo (1747-1821), known as the מלאך among Moroccan Jewry, had the same response as a fourteen-year-old American student. He does not hesitate to tell us that he finds this Midrash quite strange (Mesamhei Lev, ad loc.).

שהמילה אין בגופה קדושה אדרבה הוא מקום הבושת ואיך יקח בידו ערות חבירו ויזכיר שמו ית’ . . . גם אם רבינו הקדוש לא הניח ידו למטה מחגורו ק”ו אברהם אבינו ע”ה, גם מאכילת עץ הדעת יבושו בני אדם זה מזה וזילותא הוא לאדם נכבד שיחזיק אחר במבושיו

What this shows us is that when a rebbe is asked about this Rashi by one of his students, he should not put on an act and make believe that he too doesn’t find it strange. Instead, he should be honest, just like Berdugo, and acknowledge that this is indeed an unusual Midrash. Such an honest approach will earn the respect of the students and come in handy as the class comes to other strange Midrashim.[7]

Rosenfeld, whom we just cited, also deals with this passage and has a very interesting formulation (p. 21):

שים נא ידך תחת ירכי: כאשר רמזתי לעיל שהיה כלי הולדה קדוש בעיניו, אך משה אסר זאת בתורתו להיות קדושים.

In other words, the old way of taking an oath, which was acceptable in Abraham’s day, was later rendered invalid due to the heightened moral standards of the Torah. His comment, that Abraham regarded the genitals as holy, is explained by him as follows (p. 19):

שאצל אברהם היתה המילה תיקון הדת להקדיש כלי הולדה שהוא המקור מכל מין האנושית, ולכוף את תאותיו . . . וגם המילה היא מקור הולדה והשפע בא על ידו

I will return in a future post to discuss Rosenfeld, who was very unconventional and expressed all sorts of provocative notions.[8] He was also unusual among those born in Eastern Europe in that he published many books in English. Here is his picture, which appears in his Sefer ha-Hayyim, showing that despite his unusual ideas he certainly had the rabbinic look.


2. I want to now go back to one of my earliest posts, from four years ago, in which I discussed the meaning of the word olam in the Bible and how the words Adon Olam should be translated. See here.

I received many e-mails after this post, and there were many important comments posted online. I told a number of people that I would try to mention their comments in a post. Although I can’t get to all of them, at least with regard to some, better late than never.

With regard to appearances of the word olam in the Torah where modern scholars say it means eternal (or something along those lines[9]) and traditional interpreters understand it to mean “world”, R. Nathan Kamenetsky called my attention to Gen. 21:33, where it is clear from Onkelos, Rashi, and Ramban that the word means “world.”[10] To this I will add that Maimonides also understands olam in this verse to mean “world”. See Mishneh Torah, Hilkhot Avodah Zarah 1:3 (Simon Glazer, in his translation, mistakenly renders it “Everlasting God” instead of “God of the World”, “God of the Universe” or something like that. Similarly, Eliyahu Touger, in his translation of this halakhah mistakenly renders it “eternal God”.) See also the index to Pines’ translation of the Guide under Gen. 21:33 for instances in the Guide where Maimonides refers to the verse, and also Schwartz’ edition of the Guide 2:13 n. 14. We must also translate Maimonides’ opening words of each of the three sections of the Guide (and elsewhere[11]) בשם ה’ א-ל עולם as “In the Name of the Lord, God of the World.”

As for what the words Adon Olam mean, in a comment to the original post, Kovner clinches the meaning, I think. He called attention to Berakhot 7b: “From the day that the Holy One, blessed be He, created the world (olam) there was no man that called the Holy One, blessed be He, Lord, until Abraham came and called Him Lord (adon).” I had forgotten about this passage, and I think it is obvious that the words Adon Olam are based on this text, meaning that the passage should be translated as “Master of the Universe”, or something along those lines. A very learned reader also pointed out to me that this same point is made by R. Pinchas Zebihi in his Mi-Zahav u-mi-Paz (Jerusalem, 1993), at the end where there is a commentary on Adon Olam. See also the online discussion here.

Responding to Kovner, R. Yitzhak Oratz e-mailed me that Kovner’s very point was approved by the Vilna Gaon and repeated by none other than the Brisker Rav. See Dov Eliach, Sefer ha-Gaon, vol. 1, pp. 425-426, where it states that the Gaon was shown this point in the siddur Magid Tzedek and said that the entire siddur was worthwhile for this one point. Ad kan R. Oratz.[12]

With regard to the word olam, it is true that in rabbinic literature it means “world”, but I would be remiss in not mentioning that the older meaning is found as well. Sometimes, it is unclear which the correct meaning is. For example, Mishnah Yadayim 3:5 reads:

אין כל העולם כולו כדאי כיום שניתן בו שיר השירים לישראל

Soncino translates: “The whole world is not as worthy as the day on which the Song of Songs was given to Israel.” Others translate similarly. Yet A. S. Halkin renders it: “All of time is not as worthy as the day on which the Song of Songs was given to Israel.”[13] Halkin’s opinion is noted in a comprehensive article devoted to the very issue here being discussed.[14] Fuderman and Gruber, the authors of this article, also point to two biblical texts “of Hellenistic date” in which they claim olam means “world.” One of them is Dan. 12:7: .חי העולם They translate this as “the life/vital force of the world,” and note that this usage is found in the Jewish liturgy where it has been transformed into חי העולמים, with the same meaning.

The other example they give is Eccl. 3:11: גם את העולם נתן בלבם. They are not the first to translate olam here as “world.” The old JPS also translated it this way: “He hath set the world in their heart.” But in the Soncino edition, which uses the old JPS, the commentary rejects this translation, commenting that “the only signification” olam has in the Bible is “eternity.” The translation would therefore have to read: “He hath set eternity [i.e., a sense of the future] in their heart.” Soncino’s note might be based on Ibn Ezra’s comment to this verse, where he says flatly that in the Bible the word olam only means “eternity,” not “world.” (He says likewise in his Short Commentary to Exodus 31:17; Commentary to Psalms 66:7, 89:4.) Daat Mikra agrees with Soncino, explaining the verse as follows: את העולם: את השאיפה לחיים עולם ונצחיות ולדעת את הנעלם, מה שהיה לפנים ומה שיהיה לאחור [15]

I will leave the meaning of olam in this verse to the biblical scholars to fight over. But I want to return to the point made by Fuderman and Gruber that Ecclesiastes was composed in the Hellenistic period, many centuries after Solomon. Based on this they don’t see it as at all incongruous that the word olam means “world” in this book because we are dealing with a later development of biblical Hebrew.[16] This relates to another interesting point.

At the beginning of the standard Vilna edition of the Mishnah there is an essay on R. Judah the Prince by R. Moses Kunitz. Here is the first page.

This essay is excerpted from Kunitz’ Beit Rabbi (Vienna 1805), most of which is actually a play in six acts.[17] Kunitz is best known for his Ben Yohai which is a valiant, if unsuccessful, defense of the ancient dating of the Zohar against R. Jacob Emden’s Mitpahat Sefarim. He was a very pious man and in his lifetime was treated with great respect.

In the next issue of Milin Havivin I will have information regarding this, so there is no need to repeat it here. Here is his picture.

Kunitz is also famous as one of the rabbis whose responsum to the early Reformers is printed in Nogah ha-Tzedek. This was from a time when the Reformers made it seem that all they were looking for was a more lenient halakhic approach. They also succeeded in receiving letters from two Italian rabbis. Just as these rabbis were not Reform in any way, neither was Kunitz. Not knowing who the Reformers were, he fell into their trap, which is perhaps the best way to put it. Yet as I mentioned, this didn’t greatly affect his standing in the rabbinic world, because people assumed that his was an innocent error. In fact, in all the polemics against the Reformers, none of the great rabbis of the day even mention Kunitz.[18]

A few years ago a new edition of the classic Vilna Mishnah was reprinted, and lo and behold, Kunitz’ essay is missing. The publisher was obviously told that there was some controversy around Kunitz, and he therefore just cut out the essay. Yet if the publisher wanted to censor, he missed the real thing. (I wouldn’t be surprised if following this post, future printings of the Mishnah also cut out what I will now discuss. That is the reason why I don’t call attention to various “interesting” books that have been put up on hebrewbooks.org [including Karaite literature], at least until they are also on Google books. I know that soon after I discuss them, they will be taken down. As it is, a number of anti-hasidic and Haskalah works have already been removed from the site. Sometimes these books have come down within a day or two of being put up, after someone has informed the site that they put up a “dangerous” volume. So you have to be quick when they post the new books and download anything you think might be removed.)

Immediately following Kunitz’ essay, there is another article on the grammar of Mishnaic Hebrew by Solomon Loewisohn. In the very first note he refers to the book of Ecclesiastes, and concludes his comment with והטעם ידוע למשכילי עם Here is the page.


What he is alluding to in this note is that Ecclesiastes is a late biblical book, and thus could not have been written by Solomon. To show this he points to the word חוץ, which in its usage in Ecclesiastes 2:25 is an Aramaism, and thus post-dates the biblical Hebrew of Solomon’s day.[19] To use an expression of the Sages, we live in an olam hafukh. Kunitz’ essay was thought worthy of censorship, and at the same time this note remains in every printing of the Vilna edition of the Mishnah. Yet as I mentioned above, let’s see how long it is before this note, or even the complete essay, is also removed.

Regarding the book of Ecclesiastes, in Limits, p. 26 n. 140, I referred to a comment of R. Israel Bruna which appears to say that Ecclesiastes was not divinely inspired. R. Yonasan Rosman (one of whose seforim I mentioned in an earlier post) has taken issue with me in this. However, he also points out that this is exactly what Maharsha seems to be saying in his commentary to Shabbat 30b. I also found that R. Zvi Hirsch Chajes, in his note to Berakhot 4a and in Kol Sifrei Maharatz Chajes, vol. 2, p. 927, states explicitly that Ecclesiastes was not divinely inspired. R. Michael Broyde has noted that this is also stated by R. David Ibn Zimra in his responsa, vol. 2, no. 722.[20]

Rosman also points out that Maimonides, Hilkhot She’ar Avot ha-Tum’ot 9:6, states that Ecclesiastes (and Song of Songs) are “words of wisdom”, with the implication that these books are not divinely inspired. This expression, “words of wisdom”, comes from Tosefta Yadayim 2:14, where it is explicitly contrasted with ruah ha-kodesh.

ר’ שמעון בן מנסיא אומר שיר השירים מטמא את הידים מפני שנאמרה ברוח הקדש. קהלת אינה מטמא את הידים מפני שהיא מחכמתו של שלמה.

Based on the passage just mentioned, I initially assumed that Maimonides is indeed saying that Ecclesiastes was not written with divine inspiration. I also found that the important commentator R. Masud Hai Rakah is of this opinion. Yet then there is a problem, because according to the Tosefta, Song of Songs was written with divine inspiration and yet Maimonides also refers to this book as “words of wisdom.” Rakah himself raises this problem and can offer no solution,[21] but it is likely that when Maimonides speaks of these books as being “words of wisdom” it does not mean that they are lacking in divine inspiration. We can see this from Hilkhot Talmud Torah 5:4, where he quotes Song of Songs and writes regarding it אמר שלמה בחכמתו. The same words are found in Hilkhot Yesodei ha-Torah 2:12 and Hilkhot Deot 3:3, 4:15, 19 and in these cases Maimonides is quoting verses from Proverbs. Maimonides believed that both Song of Songs and Proverbs were written with divine inspiration, and yet we see that he uses the term “wisdom” with regard to them. The truth is that this phraseology comes directly from the Talmud,[22] and need not have anything to do with whether the text being described is divinely inspired. This whole problem is dealt with by the brilliant R. Meshulam Roth in an article in Sinai 17 (1945) pp. 267ff. With his typical erudition, Roth shows that Maimonides indeed regarded Ecclesiastes as being divinely inspired and in fact states so explicitly in Guide 2:45. Roth also shows how in a few places he describes Solomon as a prophet.[23]

Many might find this entire discussion strange, for they assume that if a book is in the canon that means it must be regarded as having been divinely inspired. I have found such a conception in many books.[24] Yet it is incorrect, and as Shnayer Leiman has shown, the tanna R. Simeon ben Menasia, while he regarded Ecclesiastes as an uninspired book, also thought that it was canonical. Thus, while he states that Ecclesiastes does not defile the hands, he also expounded a verse from Ecclesiastes.[25]

As far as I know, the Sages never “decided” that Ecclesiastes is a divinely inspired book. It would therefore seem to be entirely acceptable for one to hold the position of R. Simeon ben Menasia, which was shared by Beit Shammai and R. Meir,[26] that the book is not a product of ruah ha-kodesh. Obviously, one who rejects the book, or any other biblical text, claiming that it was a mistake to have been included in the Canon, has to be regarded as a sectarian. However, here too I think that there is more room for personal opinions than people often think. For example, what about someone who accepts Ecclesiastes as part of the Canon but thinks that the Sages were wrong in this decision, and that they should have adopted the view that the ideas of this book are not fit to be included in the Bible? This was Samuel David Luzzatto’s early position, although he later became more sympathetic to Ecclesiastes. Yet despite this negative view, Luzzatto never rejected the canonical status of this book.[27]

Or what if someone thinks that the halakhah should have been decided in accordance with Samuel (as understood by a number of rishonim)[28] that the book of Esther should not have been included in the canon? As long as one accepts the halakhah as recorded by the Sages he is not to be regarded as a Zaken Mamre, which shows that acceptance of the halakhah in practice is what is important, but one doesn’t have to think that the Sages were correct. After all, in the story of the Oven of Akhnai (Bava Metzia 59b), while R. Eliezer was forced to accept R. Joshua’s viewpoint, I don’t think there can be any doubt that R. Eliezer still believed that he was correct. How could he not, when God Himself agreed with him? Yet the most R. Eliezer could hope for was that his decision would be adopted by a future beit din, and maybe only after the arrival of the Messianic era. Let us not forget that the Mishnah in Eduyot 1:5 explicitly tells us that minority opinions are recorded so that a later court can rely on them, meaning that there is no problem for one to argue the case of a rejected opinion, as long as one does not adopt it in practice (i.e., before a later court gives its imprimatur to do so).[29]

All this seem to be no different than someone who, after examining a talmudic dispute, thinks that the weight of the evidence shows that the halakhah should be in accordance with Abaye, and yet the Talmud decides the halakhah in accordance with Rava. Such a person accepts the practical halakhah, and this is no different than someone who thinks that the Shulhan Arukh decided the halakhah improperly, but who nevertheless follows the law as recorded. You can even argue that this is a very high level of commitment, namely, one who thinks the halakhah should be different, but nevertheless sublimates his personal feelings and accepts the law as we have it.[30]

Similarly, the assumptions of academic Talmud study lead, in theory, to the undermining of many talmudic conclusions. But the practitioners of this form of study have always insisted that since they don’t seek to change the accepted halakhic practice, there can be no religious objection to their approach.

The only reason the Song of Songs was included in the Canon is because it was interpreted in an allegorical fashion.[31] Does this mean that one must accept that this was the original meaning of the book? Jacob Barth (1851-1914) certainly didn’t think so. Barth was the son-in-law of R. Esriel Hildesheimer and one of the most brilliant Semitists of his day. In addition to teaching at the University of Berlin, he was also a long-time and revered faculty member at the Rabbinical Seminary of Berlin. Just to give one example of this, in discussing the great achievements of German Orthodoxy, R. Jehiel Jacob Weinberg lists the following four men as examples of what German Orthodoxy can be proud of: Hirsch, Hildesheimer, Hoffmann, and Barth.[32]

Here is a picture of Barth.


Barth argued—and taught his students at the Rabbinical Seminary of Berlin—that the Song of Songs was not originally intended as an allegory, but this was a later interpretation of the Rabbis, and as already mentioned it was precisely this interpretation that enabled the book to be included in the Canon.[33] Barth believed that the Song of Songs was actually a collection of different songs, composed in various periods.[34] They were designed to be sung at a wedding and the days of feasting, and give expression to marital happiness and love which are basic to the Jewish family. According to Barth, just like the Psalms were originally written by the Psalmist with specific circumstances in mind, but their meaning for the Jewish people throughout history is not tied to this original intent, the same can be said for the Song of Songs. What it originally meant is different than what it later came to mean for generations of Jews.[35]


To be continued
* * * *
In my last post, available here, I wrote about the issue of lo tehanem. As far as the Modern Orthodox are concerned, based on the Meiri and others, these laws are no longer regarded as applicable in modern times. (Although as I mentioned, the Centrists are trying to bring them back.) Someone sent me a link to Dov Bear’s post available here. Dov Baer included the following text that recently appeared (and highlighted certain sections).

I have already mentioned the Slifkin controversy in this post, and regarding matters of science and Torah there definitely are differences between the Modern Orthodox and the haredim. However, I think that when it comes to matters like lo tehanem, the divide is much more significant. If the haredi/ hasidic world really accepts the outlook of the page printed above, then its understanding of what “Jewish values” are all about is far removed from that of the Modern Orthodox.[36] We can also see how secure haredi Jews in America must feel in order for them to put this sort of material in the English language, for all to see.

In two posts from now, I will discuss a dispute currently taking place in the hasidic world in America about how to relate to non-Jews. For now I will simply note that a common theme among virtually all who abandon hasidic life, in explaining what they found objectionable in their former lifestyle, is the denigration of “the other” found in the hasidic world. In the forthcoming post, I will deal with a brave voice from that world who is putting forth a different approach.


[1] See here.
[2] Here is what Louis Ginzberg wrote about the unusual aggadot (On Jewish Law and Lore [New York, 1970], p. 77 (I thank Gershon Bacon for reminding me of this passage.) There is a lot one can say about this comment.

With your permission I shall commence my lecture by recounting an incident that happened to me. It is a memory from boyhood, which means the time when I had already been liberated from the hard discipline of the master of the heder, and, though yet a child of nine, had begun to study, in the traditional phrase, “by myself.” I was then studying the tractate Baba Bathra. When I reached the tales of Rabbah bar bar Hannah, doubts began to disturb my mind; my peace was particularly troubled by those geese who were so fat that they had streams of oil flowing from them and by the bird that was so big that the waters of the sea reached only to its ankles and its head split the heavens. My joy was great when I came across a book by one of the “enlightened” of the older generation (if my memory is correct it was the Maphteah by Shatzkes), from which I learned that these geese were neither fat nor thin and that the giant bird possessed neither feet nor wings, but that the whole tale was merely a flight of the imagination, or, as the ancients used to say, it was only a parable—the moral I have forgotten. I was a child then; but when I reached maturity I realized that in truth the geese of Rabbah bar bar Hannah were real geese and the giant bird was literally a bird. When regarded as natural creations of the folk imagination, they lost their strangeness and incomprehensibility. On the contrary, it would be all the more strange if we possessed no such tales; in that case it would be extremely difficult to explain so striking a difference between our people and all others, one involving so great a triumph of reason over imagination that the latter had become completely atrophied.


[3] See Torah Shelemah, Gen. ch. 49, note 47.
[4] Do any of the readers know where the Talmud picked up this piece of folklore? I assume it was a common notion in ancient times. See Bereshit Rabbah 45:5, where the matter is disputed. Noda bi-Yehudah, Even ha-Ezer no. 22, recognizes that there are women who do become pregnant after first intercourse, and therefore claims that the Talmud was only giving a general rule, but there are exceptions. See R. Neriah Gutel, Hishtanut ha-Tevaim (Jerusalem, 1995), pp. 88ff.
[5] I assume that the rebbe’s response was due to the fact that the passage quoted by Rashi is a Midrash. If it was Rashi’s own explanation, I don’t think he would have regarded it as a disrespectful question. In general, and readers can correct me if I am wrong, I don’t think that the opponents of Slifkin assume that together with Hazal the greatest rishonim are also infallible on scientific matters (the one exception perhaps being the Lubavitchers when it comes to the Rambam). When I was in yeshiva I never came across a rebbe who thought that, although I can’t remember anyone actually spending time on one of the rishonim and explaining why what he says is not correct scientifically, or, to take a different issue, that perhaps the rishon’s view of women doesn’t reflect how we currently think. Had they done so, it would have had an enormously positive influence on some of the students who instead came to believe that the Torah was out of date and not relevant to their lives.

To give one example of many, the online elucidation of Tosafot, available here, in discussing Tosafot, Shabbat 65b. s.v. sahada, offers the following preface:

Before we approach this Tosfos we must realize that during the times of the Reeshonim, there were very few if any maps in Europe of any of the areas that are being discussed in the G’moro. All the knowledge that they had about the rivers and places was what they gleaned from the G’moro or Midrosh about these places.

What forces the translator to add this comment is that Tosafot rejects Rashi’s explanation (which I will soon come to) and incorrectly states that all rivers flow from east to west. (Among European rivers, the Danube flows west to east.) It turns out that Rashi’s explanation is also geographically incorrect. Rashi, Shabbat 65b s.v. sahada, writes about the Euphrates: שהוא יורד מארץ ישראל לבבל

In other words, Rashi thought that the Euphrates originated in the Land of Israel, and flowed from there to Babylonia. Yet this is incorrect as the Euphrates is not within the Land of Israel. Artscroll recognizes the problem and states that the Euphrates is on the northern border of “Greater Israel,” i.e., the land promised to Abraham. I believe that this is an apologetic explanation. The Euphrates will only be part of the Land of Israel in messianic days. It was never a part of Israel during the First Temple, or during the Second Temple. Yet Rashi is speaking about the river as actually part of the Land of Israel. See Isaac Samuel Reggio, Ha-Torah ve-ha-Filosofyah (Vienna, 1827), p. 63.

[6] See also the various Midrashim cited in Torah Shelemah, Gen. 47:29, where Jacob is speaking to Joseph and he too says שים נא ידך תחת ירכי.
[7] There are other ways of dealing with the Midrash. See e.g., R. Paragi Alush, Ohev Mishpat (Djerba, 1928), vol. 1, no. 3, that Eliezer only touched the organ from outside of Abraham’s clothes. R. Eliyahu Katz, Amar ve-Amarta (Beer Sheva, 1994), Gen. 24:2, finds the Midrash so strange that he can’t take it literally, and even uses the term has ve-shalom with reference to the literal meaning. He does so even though, as far as I can tell, all the standard commentaries on the Midrash and Rashi do take it literally. Here are his words:

תמוה מאד שהמילה נחשבת כחפץ של מצוה. והרי אין בזה מן הצניעות . . . אך ודאי שאין הכוונה ח”ו כפשוטו, אלא הכוונה שהזכיר את המצוה כמו שאומר שנשבע בשם ה’.

[8] For now, here is one just one example. He assumes that Gen.36:31-43 is post-Mosaic.

ואלה המלכים אשר מלכו בארץ אדום לפני מלוך מלך לבני ישראל: מזה נראה כי זמן רב נכתבה פרשה זו, כי ידע כבר את מלכי ישראל.


[9] See Sacha Stern, Time and Process in Ancient Judaism (Oxford, 2003), pp. 75 n. 43, 109ff.
[10] Mordecai Spitz called my attention to Neh. 9:5, where the traditional commentaries also understand olam to mean world.
[11] See Saul Lieberman, Hilkhot ha-Yerushalmi, p. 5 n. 7.
[12] I should also mention that there is dispute about how the word חבלי should be translated in Adon Olam. According to Salomon Speier the meaning is “my portion” and not “my pain” See his note in Journal of Jewish Studies 4 (1953), pp. 40-41. Zebihi, Mi-Zahav u-mi-Paz, at the end, also argues for this understanding. None of the many translations I have checked agree with this. [S. of On the Main Line calls my attention to David Levi’s London 1794 Rosh Hashanah Machzor, where the passage is translated as “Rock of my portion in time of distress.”]
[13] The meaning of olam in Avot 1:2 – על שלשה דברים העולם עומד – has also been called into question. See Judah Goldin, Studies in Midrash and Related Literature (Philadelphia, 1988), p. 34.
[14] Kirsten A. Fudeman and Mayer I. Gruber, “’Eternal King/ King of the World’: From the Bronze Age to Modern Times” A Study in Lexical Semantics.”REJ 166 (2007), pp. 209-242.
[15] R. Elijah Benamozegh translates Ps. 106:48: ברוך ה’ אלקי ישראל מהעולם ועד העולם as “Blessed is the Lord, God of Israel, From World to World,” and Ps. 145:13 מלכותך מלכות כל עולמים as “Your kingship is a kingship of all worlds.” See Israel and Humanity, trans. Maxwell Luria (New York, 1995), p. 184. I wonder if Benamozegh meant these as scientific translations, or if this is to be regarded as derush.
[16] See also Robert Gordis, Koheleth—The Man and His World (New York, 1968), pp. 231-232.
[17] The version of Kunitz’ essay that appears in the Vilna Mishnayot is not identical to that which appears in Beit Rabbi. In particular, a few footnotes have been added. This is not the only example where the editors of the Vilna Mishnayot (Romm) tampered with texts. See Kalman Kahana, Heker ve-Iyun (Tel Aviv, 1960), vol. 1, p. 134 (called to my attention by Eliezer Brodt).
[18] Anyone who wants to visit Kunitz’ grave can find it in the Kozma cemetery in Budapest. For people looking to visit graves, the most famous in the Kozma cemetery is R. Shimon Oppenheim, and he is easy to find. He is not that well known and yet his grave is visited more than many other gedolim who were of much greater significance. This is because R. Shimon promised, as it states on his tombstone, that whoever comes to his grave and recites the Menuhah Nekhonah, his prayers will be answered. (The E-l Male Rachamim commonly recited is an abridged version of the Menuhah Nekhonah, which is found in the kabbalistic work Maavar Yabok) . Since this is a guarantee from a holy rabbi, it is not surprising that his grave would attract people.

So how to find Kunitz’ grave? Unfortunately, the computer print-out provided by the cemetery directs people to the wrong place. If you are standing at R. Shimon’s grave, the plot to the left is that of R. Israel Wahrmann. He was the first chief rabbi of Pest. His grandson, Mor Wahrmann, was the president of the Jewish community from 1883-1892 and a member of parliament from 1869. He was a proud Jew, no question about it. He once even had a duel with an anti-Semite. Neither was killed, but Wahrmann was sentenced to eight days in prison. See Kinga Frojimovics, et al, Jewish Budapest (Budapest, 1999), pp. 214ff., 260. However, he despised the Orthodox (and they detested him). During the debate in Parliament over the Orthodox request to create separate communities, he stood up and started reading sections of the Shulhan Arukh to show how foolish the Orthodox were. All three of his children ended up converting to Catholicism. See Jewish Budapest, p. 216 and R. Leopold Greenwald, Korot ha-Torah ve-ha-Emunah be-Hungaryah (Budapest, 1921), p. 78, and in Apriyon 2 (1925), p. 130.

Two graves to the right of R. Shimon’s is that of Kunitz. Unlike R. Shimon, no one has yet stepped forward to redo Kunitz’ tombstone, which is in bad condition. In another hundred years it will probably be entirely illegible. However, a good portion of it can still be read. This left me perplexed, as it is not the same inscription as that found in Greenwald’s Mekorot le-Korot Yisrael (Humenne, 1934), p. 27. How to explain this?

[19] See R. Meir Mazuz, Kovetz Ma’amarim (Bnei Brak, 2003), p. 60. There are a number of other unusual words in Ecclesiastes, such as pardes (2:5) and pitgam (8:11; both Persian loanwords), which academic scholars have pointed to to show that the book is post-Solomonic. (Pardes is also found in Song of Songs 4:13.) See Shadal in Otzar Nehmad 3 (1860), p. 19, who discusses this and among other points notes that the words כבר and ענין do not appear in any other biblical book. See also Robert Gordis, “Koheleth: Hebrew or Aramaic?” Journal of Biblical Literature 71 (1952), pp. 93-109. In Amos Hakham’s introduction to the Daat Mikra Shir ha-Shirim, pp. 12-13, he rejects the significance of Persian loanwords in dating the text.

Incidentally, R. Moses Isaac Ashkenazi, Ho’il Moshe: Hamesh Megilot ve-Sefer Mishlei (Livorno, 1880), pp. 80-81, states that you can also find some Aramaic words and expressions in Proverbs, as well as later Hebrew forms, none of which could originate in Solomon’s era. Yet this discovery did not trouble Ashkenazi in the slightest.

אין לתמוה אם נפלו בספר זה כמה תיבות ומליצות מל’ ארמי וגם איזו זרות בדקדוק הלשון כמו פעל נשתוה (סימן כ”ז ט”ו) בנין נתפעל ע”ד נשתנה נתרפא נצטרע ודומיהם בלשון חכמים . . . לפי שמפי שלמה יצאו המשלים בל’ מדויק, רק בעברם מפה אל פה דור אחר דור בעוד שקרבת ארם הכניסה בשפת ב”י [בני ישראל] תיבות ומליצות נכריות, נהיה שבבוא יום ונרשמו על ספר כבר הורגלו לאמרם כמו שנמצאו אצלנו, ואם היו מחליפים בהם דברים היו נגרעים מערכם, כי כן יארע לכל משל מאיזה לשון שיהיה שצריך לאמרו כמו שהוא בפי המון העם ואין לתקן בו או להוסיף עליו או לגרוע ממנו

[20] “Defilement of the Hands, Canonization of the Bible, and the Special Status of Esther, Ecclesiastes, and Song of Songs,” Judaism 44 (Winter 1995), p. 70.


[21] Ma’asah Rakah,ad loc.: לא ידעתי למה קרי שיר השירים דברי חכמה דהלא ברוח הקודש נאמר וקדש קדשים הוא He does not ask this question about Ecclesiastes, which shows that he assumes that according to Maimonides Ecclesiastes is only divrei hokhmah.
[22] See R. Zvi Hirsch Chajes, Kol Sifrei Maharatz Chajes, vol. 1, p. 439; Sid Z. Leiman, The Canonization of Hebrew Scripture (New Haven, 1991), p. 173 n. 317.
[23] For examples from the Talmud where Solomon is described in this fashion, see R. Betzalel Zev Safran, She’elot u-Teshuvot ha-Rabaz, vol. 1, Yoreh Deah no. 64 (in the note). Regarding R. Meshulam Roth, it is unfortunate that almost nothing has been written about him. The Tchebiner Rav is reported to have stated that had R. Meshulam been a member of Agudat Israel, the haredim would have crowned him gadol ha-dor. I hope to discuss him in a future segment of my Torah in Motion classes.
[24] Pretty much everyone also seems also to assume that a divinely inspired book included in the Canon had to be have been written in Hebrew. Yet Ibn Ezra, Job 2:11, thinks that the book of Job is a translation from another language, and that is why it is so difficult to understand.
[25] See Leiman, Canonization, p. 113.
[26] Megillah 7a.
[27] Shadal originally thought that Ecclesiastes taught heretical doctrines and was fraudulently attributed to King Solomon. Along these lines, I should note that there were talmudic sages who thought that Solomon had sinned so grievously that he lost his share in the World to Come. See Saul Lieberman, “Hearot le-Ferek Alef shel Kohelet Rabbah,” in Studies in Mysticism and Religion Presented to Gershom G. Scholem (Jerusalem, 1968), pp. 163ff. If someone today expressed agreement with this rabbinic position, I am certain that he would be roundly condemned.
[28] See Broyde, “Defilement of the Hands,” p. 68.
[29] By the same token, someone I know once commented that while in practice he accepts the halakhah as recorded in the Talmud and Shulhan Arukh, some of these halakhot relating to economic matters derive from a very different circumstance than what we have today. He assumes that a future Sanhedrin will revise some of these halakhot which are economically counterproductive and out of touch with how markets work.
[30] See Seridei Esh, vol. 3 no. 54 where R. Weinberg admits that a halakhah in the Shulhan Arukh causes him anguish.

ואודה על האמת, שאיסור זה גורם לי צער גדול

Weinberg was dealing with whether a woman whose father isn’t Jewish can marry a kohen. He would have liked to permit it, but the Shulhan Arukh ruled otherwise. What made the Shulhan Arukh’s ruling so frustrating to Weinberg is the fact that R. Joseph Karo went against his own principle and ruled in accordance with R. Asher, despite the fact that the Rif and Rambam ruled differently. Furthermore, the Vilna Gaon agreed with the Shulhan Arukh. So in the end, Weinberg felt that he must accept the Shulhan Arukh’s ruling. While Conservative halakhists are able, in cases like this, to fall back on conscience, which can trump even biblical law, Orthodox halakhists cannot do so. They must accept the halakhah even if they think it should have been decided differenttly.

[31] Interestingly, Daniel Boyarin has argued that the earliest rabbinic approach to the book was not allegory. He writes as follows:

According to the earliest strata of Rabbinic hermeneutics, the Song of Songs was not an allegory in the sense of paradigms projected onto the syntagmatic axis or concrete entities and events that signify abstractions. Rather it was an actual love dialogue spoken by God to Israel and Israel to God in concrete historical circumstances, or written by Solomon, as if spoken by Israel and God in those circumstances. . . . If the impulse of Origen is to spiritualize and allegorize physical love quite out of existence in the allegorical reading of the Song, the move of the midrash is to understand the love of God and Israel as an exquisite version of precisely that human erotic love. Reading the Song of Songs as a love dialogue between God and Israel is then no more allegorical than reading it as a love dialogue between King Solomon and the Queen of Sheba. The Song is not connected with an invisible meaning but with the text of the Torah and thus with concrete moments of historical memory.

See Boyarin, “The Eye in the Torah: Ocular Desire in Midrashic Hermeneutic,” Critical Inquiry 16 (1990), pp. 543, 549. See also Gerson D. Cohen, Studies in the Variety of Rabbinic Cultures (Philadelphia, 1991), pp. 3-17.
[32] Li-Frakim (1967 edition), pp. 232-233.
[33] “Hartzaotav shel Yaakov Barth al Sefer Yishayahu ba-Beit Midrash le-Rabanim be-Berlin” in Uriel Simon and Moshe Goshen-Gottstein, eds., Iyunei Mikra u-Farshanut (Ramat Gan, 1980), pp. 83-85. (Regarding the dating of Ecclesiastes, discussed earlier in this post, see ibid. for Barth’s view that Ecclesiastes was written ca. 200 BCE.) I have elsewhere discussed the controversy that broke out when R. Raphael Breuer published a commentary to the Song of Songs that interpreted the book in a literal fashion. See Between the Yeshiva World and Modern Orthodoxy, p. 83, and my article on the Frankfurt rabbinate in Milin Havivin 3 (2007), available here.

This commentary was one of the issues that led people to oppose Breuer inheriting his father’s position as rabbi of the Frankfurt separatist community. I find it hard to understand why this commentary aroused such opposition. After all, why can’t the Song of Songs be understood as describing a loving Jewish marriage? Breuer was not denying the allegorical interpretation, only adding an additional level of meaning.

Incidentally, once when a cantor at a wedding sang some words from Song of Songs as the bride walked around the groom, R. Soloveitchik “was not happy. This, after all, was a passuk [verse] in Shir Hashirim which he felt should not be applied to a man and woman in a literal sense.” See Heshie Billet, “Rav Yosef Dov HaLevi Soloveitchik (The Rov) ZT”L: Role Model Par Excellence,” in Zev Eleff, ed., Mentor of Generations (Jersey City, 2008), p. 152. The same opinion is expressed by R. Yosef Lieberman, Mishnat Yosef, vol. 7, no. 101. See also R. Moshe Feinstein, Iggerot Moshe, Yoreh Deah II, no. 142. In addition, Sanhedrin 101a states הקורא פסוק של שיר השירים ועושה אותו כמין זמר . . . מביא רעה לעולם (Avot de-Rabbi Nathan, ch. 36, states that such a person has no share in the World to Come.) However, Kallah Rabati: Baraita, ch. 1, explains this passage as follows: היכי דמי כמין זמר כגון דזמיר ביה ודעתיה על הרהור See also R. Jacob Emden’s note to Sanhedrin 101a:

הקורא פסוק של שיר השירים ועושה אותו כמין זמר נראה דהיינו שמשתמש בו לעשות ממנו זמר לחשוקה אילת אהבים ולחבר אותו לשיר עגבים

This means that there is no objection to singing a song from Shir ha-Shirim in a “kosher” fashion, such as at a wedding or if sung as praise of God. (Emden’s note was published from manuscript in the Wagschal Talmud, and does not appear in the standard editions. I learnt of this from R. David Teherani, Divrei David, vol. 2, Orah Hayyim no. 37.)

See R. Ovadiah Yosef, Yabia Omer, vol. 3, Orah Hayyim 15:5, that in Egypt the practice was to sing verses from Song of Songs in the synagogue between Passover and Shavuot. He also quotes R. Meir Abulafia, Yad Ramah, Sanhedrin 101a who writes:

ויש לפרש דהני מילי מאן דקרי ליה דרך שחוק אבל מאן דמיכוין לשבוחי ביה לקב”ה דרך ניגון שפיר דמי ומילתא צריכא עיונא

Returning to the Rav, it must be noted that he was opposed to all singing under the chupah. See Daniel Greer, “Ma’aseh Rav – V’dok,” in Eleff, ed., Mentor of Generations, p. 177, that at his wedding Rav stopped the cantor from singing Im Eshkochech Yerushalayim. (Others are opposed to all songs which use biblical verses, whether the words are taken whether the words are taken from Song of Songs or from any other biblical text. The only permission would be at a seudat mitzvah. See R. Ben Zion Abba Shaul, Or le-Tziyon, vol. 2, ch. 14 no. 35.) As for the Song of Songs, the Rav also stated that it is “forbidden” to interpret it literally. He even put this into a halakhic context:

בשיר השירים איכא הלכה שאין בו פשט אלא כפי הבנת הרמז הדרש והסוד. המקרא יוצא מידי פשוטו והדרש הופך להיות הפשט

See Reshimot Shiurim, Bava Kamma, ed. Reichman (New York, 2005), p. 494 (to Bava Kamma 83b). See also R. Hershel Schachter, Nefesh ha-Rav, pp. 289-290.

[34] אפריון and פרדס (3:9, 4:13) are among the late Hebrew words he points to show that some sections of the book were composed in the post-exilic period, many centuries after Solomon. R. Moses Isaac Ashkenazi, introduction to Ho’il Moshe: Hamesh Megilot ve-Sefer Mishlei, rejects the notion that based on a couple of individual words one can establish the book’s date. Yet while Ashkenazi defends the Solomonic authorship of Song of Songs and Proverbs (see above, n. 19), he does not believe that Ecclesiastes was written by Solomon. One of his proofs is from Eccl. 1:16: “Lo, I have gotten great wisdom, more also than all that were before me over Jerusalem.” According to Ashkenazi, since Solomon was only the second king to reign in Jerusalem, he never would have written in this fashion. See also 2:7. 9 where the author writes about how he differs “from all who were before me in Jerusalem.” Again, Jerusalem had not been in Israelite hands for that long so it is hard to see Solomon saying this. Ashkenazi also points to the numerous Aramaic words in the book as showing that it had to have post-dated Solomon.
[35] I found a difficult passage in the Netziv’s commentary on Song of Songs, (Metiv Shir). Commenting on the first verse, he writes:

וכן שיר אחות לנו קטנה נאמר בימי א”א [אברהם אבינו] כמבואר בב”ר פ’ לך, ויבואר במקומו, אבל שלמה אסף השירים ברוה”ק וגם הוסיף הרבה משלו ועשאן שיר נפלא אחד.

The Netziv states that the section of Song of Songs beginning with ch. 8:8 (“We have a little sister . . .”) was written in the days of Abraham. What is his proof? Bereshit Rabbah 39:1 states: “R. Berekhiah commenced: We have a little sister (ahot; Song of Songs 8:8), this refers to Abraham, who united (ihah) the whole world for us.” R. Berekhiah continues to find allusions to Abraham in the next couple of verses as well. In other words, R. Berekhiah offers a nice Midrash about how Song of Songs homiletically refers to Abraham. But how does the Netziv possibly derive from this that the verses were written in the days of Abraham? The very next section in Bereshit Rabbi cites a verse from Ecclesiastes and states: “this refers to Abraham.” Does the Netziv assume that this too was written in the days of Abraham? Midrash is full of this type of homiletic comment, so why here does the Netziv think that we can learn something historical from R. Berekhiah’s statement?

[36] See also my post here.



Benefits of the Internet: Besamim Rosh and its History

Benefits of the Internet: Besamim Rosh and its History
By: Dan Rabinowitz & Eliezer Brodt
    In a new series we wanted to highlight how much important material is now available online.  This, first post, illustrates the proliferation of online materials with regard to the controversy surrounding the work Besamim Rosh (“BR”). 

[We must note at the outset that recently a program has been designed by Moshe Koppel which enables one, via various mathematical algorithims, to identify documents authored by the same author. We hope, using this program, to provide a future update that will show what this program can demonstrate regarding the authorship of the BR and if indeed the Rosh authored these responsa.]

Background

    Before turning to the BR and discussing its history we need to first discuss another work.  R. Raphael Cohen the chief rabbi of triple community, Altona-Hamburg-Wansbeck (“AH”W”), [1] published a book, Torat Yekuseil, Amsterdam, 1772 regarding the laws of Yoreh DeahTorat Yekuseil is a standard commentary and is unremarkable when compared to other works of this genre.  While the book is unremarkable in and of itself, what followed is rather remarkable. 

    Some years later, in 1789, a work with the putative author listed listed as Ovadiah bar Barukh and titled Mitzpeh Yokteil [2] was published to counter R. Raphael Cohen’s Torat Yekuseil (“TY”)Mitzpeh Yokteil (“MY”), was a vicious attack both against the work TY as well as its author, R. Raphael Cohen.  R. Raphael Cohen was a well-known and well-respected Rabbi. In fact, he was the Chief Rabbi of the triple community of AH”W.  The attack against him and his work did not go unanswered.  Indeed, the beit din of Altona-Wansbeck placed the putative author, Ovadiah, and his work, under a ban.

    The Altona-Wansbeck beit din could not limit the ban to just Altona-Wansbeck as the attack in the MY was intended to embarrass R. Raphael Cohen across Europe.  Indeed, the end of the introduction to MY indicates that copies were sent to a list of thirteen prominent rabbis across Europe.  Specifically, copies were sent to the Chief Rabbis of Prague, Amsterdam, Frankfort A.M., Hanover, Bresslau, Gloga, Lissa, etc., “as well as The Universally Know Goan haHassid  R. Eliyahu from Vilna.”  Thus, the intent of the book was to diminish R. Raphael Cohen’s standing amongst his peers. 

    The Altona-Wansbeck beit din, recognizing the intent of the book, appealed to other cities courts to similarly ban the author and book MY – the ban, entitled, Pesak mi-Beit Din Tzedek, the only known extant copy was recently sold at Sotheby’s (Important Judaica, Nov. 24, 2009, lot 136).[3]
 

 
These concerns lead the ban’s proponents to the Chief Rabbi of Berlin, R. Tzvi Hirsch Berlin, and to solicit him to join the ban. Initially, it appeared that R. Tzvi Hirsch would go along with the ban.  But, as he was nearing deciding in favor of signing the ban, someone whispered in his ear the verse in Kings 2, 6:5, אהה אדני והוא שאול – which R. Tzvi Hirsch understood to be a play on the word “שאול” in the context of the verse meaning borrow, but, in this case, to be a reference to his son, Saul. That is, the real author of MY was Saul Berlin, Tzvi Hirsch’s son.  Needless to say, R. Tzvi Hirsch did not sign the ban. [4]

    Not only did he not sign the ban, he also came to his son’s defense.  Aside from the various bans that were issued, a small pamphlet of ten pages, lacking a title page, was printed against MY and Saul. [5]  Saul decided that he must respond to these attacks.  He published Teshuvot ha-Rav. . . Saul le-haRav [] Moshe  Yetz,[6] which also includes a responsum from R. Tzvi Hirsch, Saul’s father.  Saul defends himself arguing that rabbinic disagreement, in very strong terms, has a long history.  Thus, a ban is wholly inappropriate in the present case. 

    R. Tzvi Hirsch explained that while MY disagreed with R. Cohen, there is nothing wrong with doing so.  The author of MY, as a rabbi – Saul was, at the time, Chief Rabbi of Frankfort – Saul is entitled to disagree with other rabbis.  Of course, Saul’s name is never explicitly mentioned. Moreover, in the course of R. Tzvi Hirsch’s defense he solicits the opinions of other rabbis, including R. Ezekiel Landau.  R. Landau, as well as others, noted that aside from the propriety of disagreement within Judaism, the power of any one particular beit din is limited by geography.  Thus, the Altona-Wansbeck’s beit din‘s power is limited to placing residents of Hamburg under a ban but not residents of Berlin, including R. Saul Berlin, the author of MY.[7]

    The controversy surrounding the MY was not limited to Jewish audiences. The theater critic, H.W. Seyfried, published in his German newspaper, Chronik von Berlin, translations of the relevant documents and provided updates on the controversy.  Seyfried agitated on behalf of the maskilim and editorlized that the Danish government should take actions against R. Cohen. It appears, however, that Seyfried’s pleas were not acted upon.[8] 

The Publication of Besamim Rosh


    With this background in mind, we can now turn to the Besamim Rosh.  Prior to publishing the full BR, in 1792, Saul Berlin published examples of the responsa and commentary found in the BR – a prospectus, Arugat ha-Bosem.  This small work whose purpose was to solicit subscribers for the ultimate publication of BR. It appears that while Saul may have been trying for significant rabbinic support, the majority of his sponsors were householders. 

    In 1793, the BR was published.  The BR contains 392 responsa (besamim equals 392) from either R. Asher b. Yeheil (Rosh) (1259-1327) or his contemporaries.  This manuscript belonged to R. Yitzhak di Molina who lived during the same time period as R. Yosef Karo, the author of Shulchan Orakh.  Additionally, Saul appended a commentary of his own to these responsa, Kasa de-Harshana

    The BR contains two approbations, one from R. Tzvi Hirsch Berlin and the other from R. Yehezkel Landau.  R. Landau’s approbation first explains that Rosh’s responsa need no approbation.  With regard to R. Saul Berlin’s commentary, he too doesn’t need an approbation according to R. Landau.  This is so because R. Saul’s reputation is well-known.  R. Landau’s rationale, R. Saul’s fame, appears a bit odd in light of the fact that among some (many?) R. Saul’s reputation was very poor due to the MY. 

    R. Tzvi Hirsch’s approbation also contains an interesting assertion. Saul’s father explains that this book should put to rest any lingering question regarding his son.    

    In addition to the approbations there are two introductions, one from di Molina and the other from Saul. Di Molina explained the tortured journey of the manuscript. He explains that, while in Alexandria, he saw a pile of manuscripts that contained many responsa from Rosh that had never before been published. He culled the unpublished ones and copied and collected them in this collection.  What is worthy of noting is that throughout the introduction di Molina repeatedly asks “how does the reader know these responsa are genuinely from Rosh.” 

    R. Saul, in his introduction, first notes that the concept of including introductions is an invention long after Rosh, and is not found amongst any of the Rishonim. 

    As mentioned previously, the BR is a collection of 392 responsa mostly from Rosh or his contemporaries.  Additionally, R. Saul wrote his own commentary on these responsa, Kasa diHarshena. [9]  This commentary would contain the first problem for Saul and the BR.  In responsum 40, Rosh discusses the position of Rabbenu Tam with regard to shaving during the intermediate days (ho ha-moad).  While Rosh ultimately concludes that one is prohibited from shaving on hol ha-moad, R. Saul, in his commentary, however, concludes that shaving on hol ha-moad is permissible.  In so holding, R. Saul recognized that this position disagreed with that of his father.  Almost immediately after publication, R. Saul printed a retraction regarding this position allowing for shaving on hol ha-mo’ad.  This retraction, Mo’dah Rabba, explains that Saul failed to apprise his father of this position and, as Saul’s father still stands behind his negative position, Saul therefore retracts his lenient position. [Historically, this is not the only time a father and son disagreed about shaving on hol ha-moad.  R. Yitzhak Shmuel Reggio (YaSHaR)and his father, Abraham, disagreed on the topic as well.  As was the case with Saul and his father, the son, YaSHaR took the lenient position and his father the stringent.  Not only did they disagree, after YaSHaR published his book explaining his theory, his father attacked him in an anonymous response.  For more on this controversy see Meir Benayahu, Shaving on the Intermediary Days of the Festival, Jerusalem, 1995.] 

    This retraction, while may be interperated as evidence of Saul humbleness in his willingness to admit error and not stand on ceremony, others used this retraction against him.  The first work published that questioned the legitimacy of BR is Ze’ev Yetrof, Frankfort d’Oder, 1793, by R. Ze’ev Wolf son of Shlomo Zalman.  (This book is very rare and, to my knowledge, is not online.  Although not online, a copy is available in microfiche as part of the collection of books from the JTS Library, and on Otzar Hachomah see below)  The author explains that eight responsa in BR are problematic because they reach conclusion that appear to run counter to accepted halahik norms. In addition, the author states in his introduction, “that already we see that there is something fishy as it is known that the author [Saul Berlin] has retracted his position regarding shaving.” It should be noted that no where does R. Ze’ev Wolf challenge the authenticity of the manuscript for internal reasons – it is incorrectly dated, incorrectly attributed etc.  Apparently, Ze’ev Yetrof, was not well-known as it is not cited by other contemporaries who too doubted the authenticity of BR.  Samat theorizes that either wasn’t printed until later or, was destroyed.[10]  

    The second person to question the legitimacy of BR was R. Rafael Hamburg’s mechutan, R. Ya’akov Katzenellenbogen.  In particular, he wrote to R. Cohen’s student, R. Mordechai Benat. As was the case with Wolf, R. Katzenellenbogen located 13 responsa where he disagreed with the conclusions.  R. Katzenellenbogen indicated that R. Benet shold review the BR himself and apprise R. Katzenellenbogen regarding R. Benet’s conclusions. 

    R. Katzenellenbogen also wrote to Saul’s father, Tzvi Hirsch, and Tzvi Hirsch eventually responded in a small pamphlet.  R. Tzvi Hirsch first deals with the predicate question, is the manuscript legitimate. That is, prior to discussing the conclusions of particular responsum, regarding the manuscript, R. Tzvi Hirsch testifies that he is intimately familiar with this manuscript. He explains that for 11 years, the manuscript was in his house.  In fact, R. Tzvi Hirsch created the index that appears in BR from this manuscript.  Additionally, he had his other son Hirschel (eventual Chief Rabbi of London) copy the manuscript for publication.  Thus, R. Tzvi Hirsch argues that should put to rest any doubt regarding the authenticity of the manuscript.

    R. Tzvi Hirsch then turns to the issue regarding conclusions of some of the responsa. He first notes, that at most, there are a but a small number of questionable responsa.  Indeed, it is at most approximately 5% of the total responsa in BR.  That is, no one questions 95% of the responsa (at least not then).  Second, with regard to the conclusions themselves, that some conclusions are different than the halahik norms, that can be found in numerous books, none of which anyone questions their authenticity.  Thus, conclusions prove nothing.

Leaving the history and turning to the content of BR.  One of the more controversial responsa is the one discussing suicide.  In particular, according to the responsum attributed to Rosh, the historic practices that were applied to a suicide – lack of Jewish burial, no mourning customs – are not applicable any longer.  This is so, because suicides can be attributed to the poor conditions of the Jews and not philosophical reasons.  Thus, we can attribute the motivations of a suicide to depression and remove the restrictions that applied to suicides. 

    This responsum was what lead some, including R. Moshe Sofer (Hatam Sofer), to conclude that the entire BR was a forgery.  Indeed, this responsum was one of the two that were removed in the second edition.  Others, however, point out this responsum and its conclusions are not in any conflict with any accepted halakhic norms.  And, instead, while providing new insight into the current motivations of a suicide, the ultimate conclusion can be reconciled with all relevant laws.  [11]  

This particular example illustrates the problematic nature of merely relying upon a particular conclusion to demonstrate the authenticity or lack thereof of a work. Although R. Sofer was certain this responsum ran counter to a statement of the Talmud, others were easily able to reconcile the Talmudic statement with the conclusion of the responsum.

    Another controversial responsa deals with someone who is stuck on the highway as the Shabbat is fast approaching.  The traveler is thus faced with the following dilemma, stop in a city where he will require the charity of strangers or continue on and get home.  The BR rules that the traveller can continue and is not required to resort to charity.  This, like the responum above, was similarly removed from the second edition. These are the only two responsa removed from the second edition.  Of course, this removal isn’t noted anywhere except that the numbers skip over those two.  In fact, the index retains the listing for the two responsa. 

    Other controversial responsa include one dealing with belief in the afterlife and messianic era, kitnoyot – BR would abolish the custom, and issues relating to mikvah. 

Today, common practice regarding suicide appears, for the most part, to conform with the position of BR.

Status Today

    After its publication in 1793, it would be almost one hundred years before the BR would be reprinted.  In 1881, the BR was reprinted in Cracow.  This edition was published by “the well-known Rabbi Yosef Lazer from Tarnow'” R. Lazer’s was part of a well-known Hassidic family.  His grandfather, R. Menachem Mendel Lazer was the author of Sova Semochot, Zolkiov, 1845.[12] It appears that the BR was the only controversial book that R. Yosef Lazer published.  Although he published approximately 30 books, the are mainly run-of-the mill works, Machzorim, haggadot, as well as some standard rabbinic works. It is unclear what prompted R. Lazer to republish the BR.  Lazer provides no explanation.  Although Lazer’s publishing activities are difficult to reconcile with his publication of the BR, the printers, Yosef Fischer and Saul Deutscher, other publications indicate that they were more open to printing all types of books. For example, the same year they published BR, they published a translation of Kant, Me-Ko’ach ha-Nefesh, Cracow, 1881.  In all events, it appears that Lazer (or perhaps the printers) was aware of the controversy surrounding the BR as he removed Saul Berlin’s introduction as well as two of the more controversial responsa, one discussing suicide and the other allowing one to continue to travel home after sunset on Friday to avoid having to rely upon the charity of strangers.  In addition, one responsa was accidentally placed at the end of the volume, not in its proper order.[13]  Although the two responsa were removed in the text, they still appear in the index. A photo-mechanical reproduction of this edition was published in New York in 1970, and a copy is available on Hebrewbooks. 

    In 1984, the BR was reprinted for only the third time.  This edition, edited by R. Reuven Amar and includes an extensive introduction, Kuntres Yafe le-Besamim, about BR.  Additionally, commentary on the BR by various rabbis is included.  The text of this edition is a photo-mechanical reproduction of the first edition.  This edition contains two approbations, one from R. Ovadiah Yosef, who in his responsa accepts that BR is a product of R. Saul Berlin, but R. Yosef holds that doesn’t diminish the BR’s value.  The second approbation is from R. Benyamin Silber.  But, R. Silber provides notes in the back of this edition and explains that he holds the BR is a forgery and that he remains unconvinced of Amar’s arguments to the contrary.

    In his introduction, Amar attempts to rehabilitate the BR.  Initially, it should be noted that Amar relies heavily upon Samet’s articles on BR, but never once cites him.  Samet had complied a bibliography of works about BR as well as where the BR is cited, Amar also provides the latter in a sixty four page Kuntres, ריח בשבמים, in the back of his edition. In his introduction Amar relates the history of the BR and attempts to demonstrate that many accepted the BR and those that did not, Amar argues that many really did accept BR.  This introduction contains some very basic errors, many of which have been pointed out by Shmuel Ashkenazi in his notes that appear after the introduction.  

Difficulties in Authentication   

    Today, various theories have been put forth to demonstrate that the BR is a forgery.  Specifically, some have pointed to “hints” or “clues” that R. Saul left for the careful reader which would indicate that BR is a carefully created forgery.  For example, some note that the number of responsa, 392, the Hebrew representation of that number is שצ”ב which can be read to be an abbreviation of Saul’s name – Saul ben Tzvi.  Others take this one step further and point to the was R. Asher (Rosh) is referenced – רא”ש – which again can be read R. Saul.  Obviously, these clues are by no means conclusive.  In the academic world, the BR is written off as a “trojan horse” intended to surreptitiously get R. Saul’s masklik positions out in the masses or something similar.  All of these positions, however, rely upon a handful of responsa at best and no one has been able to conclusively demonstrate that the entirety of BR is a forgery. At best, we are still left with the original criticisms – that a few of the responsa’s conclusions espouse positions that appear to be more 18th century in nature than 13th century. [14]   

 R. Yeruchum Fischel Perlow aptly sums up much of what has been written regarding the question of authenticity of BR:

Just about all who have examined [the question of the authenticity of BR] walk around like the blind in the dark, and even after all their long-winded essays, they are left with only their personal feelings about the BR without ever adducing any substantive proofs in support of their position. And, on the rare occasions that they actual do provide proofs for their positions, it only takes a cursory examination to determine that their is nothing behind those proofs. [R. Yeruchum Fischel Perlow, “Regarding the book ‘Besamim Rosh,'” Noam 2 (1959), p. 317. For some reason this article is lacking in some editions of Noam]

    Assuming that one discounts the testimony of Saul and his father regarding the manuscript, it is not easy to determine if the BR is authentic or not.  For example, responsum 192, according to R. Moshe Hazan, one of the defenders of BR, this responsum “is clear to anyone who is familiar with the language and style of the Rishonim, from the Rishonim.” Responsum 192, is attributed to R. Shlomo ben Aderet (Rashba), and discusses the opinion of Rosh that allowed for capital punishment for pregnancy out of wedlock.  Thus, according to R. Hazan, 192 is conclusive proof that BR is authentic. 

    Simcha Assaf, however, has shown that responsum 192 is a forgery – or there is a misattribution.  Assaf explains that if one looks at the date of this incident, responsum 192 could not have been written by Rashba.  Rashba died 10 years prior to this event.  Simcha Assaf, Ha-Onshim Ahrei Hatemat ha-Talmud, Jerusalem, 1928, pp. 69-70.  Thus, the very same responsum whose “language and style” demonstrated that it was from the times of the rishonim has attribution problems.  To be sure, Assaf isn’t saying this responsum isn’t necessarily from the rishonim period, however, it surely isn’t from Rashba.[15]

    Or, to take another example. Talya Fishman argues that “[halakhic literature of the seventeenth and eighteenth centuries . . . climbed to new (and fantastic) heights of theoretical speculation, creating, in effect, a body of non applied law.”  Talya Fishman, “Forging Jewish Memory: BR and the Invention of Pre-emancipation Jewish Culture,” in Jewish History and Jewish Memory, ed. Carlbach et al., Hanover and London: 1998, pp. 70-88.  Based on this understanding of seventeenth and eighteenth century literature, as contrasted with literature from the period of Rosh, she turns to the BR and finds such speculative responsa.  This, according to Fishman, implicitly demonstrates that BR is a product of the seventeenth or eighteenth century. Indeed, Fishman concludes “[i]n short, [BR], has an unusually high concentration of eyebrow-raising cases.”  Id. at 76. 

    But, if one subjects Fishman’s argument to even a minimal amount of scrutiny, her argument, as presented, is unconvincing.  First, in support of Fishman’s “high concentration” of odd responsa, Fishman provides three examples.  That is, Fishman points to three out of 392 responsa that contain “eyebrow-raising cases” and concludes this represents “an unusually high concentration.”  I think that most would agree that less than 1% does not represents an unusually high concentration.  Second, of the three examples Fishman does provide, one is from Kasa deHarshena, which everyone agrees is a product of the eighteenth century.  Third, one of the examples, no. 100, it appears that Fishman misread the responsa.  Fishman provides that responsa 100 is a “bizarre question about whether a one-armed man should don tefilin shel yad on his forehead alongside tefilin shel rosh.”  Id. at 76.  Indeed,  responsa 100 is about a one-armed man and whether because he cannot fulfill the arm portion of tefilin if that absolves him of the head portion.  Nowhere, however, not in BR or Kasa de-harshena, does it mention the possibility of putting the tefilin shel yad on one’s forehead.  Thus, if we discount these two responsa, Fishman is left with a single responsum to prove her generalization about BR.[16]   

    Regarding the manuscript, that too is an unsolved mystery.  We know that a manuscript that may have been the copy which R. Hirschel made is extant but the manuscript from di Molena is unknown.  Additionally, although we know that the Leningrad/St. Petersberg library had Tzvi Hirsch’s copy with his annotations, the current location of that book is unknown. See Benjamin Richler’s post regarding the manuscript here.

    The BR’s most lasting effect may be in that this was to be the first of many newly discovered manuscripts to be accused of forgery because of the conclusions reached.  Subsequent to the BR, responsa or works in other areas of Jewish literature were tarred with cry of forgery because of their conclusions. [See Yaakov Shmuel Spiegel, Chapters in the History of the Jewish Book, Writing and Transmission, Ramat-Gan, 2005, 244-75, (“until the publication of BR, there were no questions raised regarding the authenticity of a book”) Spiegel also demonstrates that we now know that in many instances that the charge of forgery was wholly without basis and today there is no question that some of the books that are alleged forgeries are legitimate.]

Other Works by Saul Berlin

    One final point.  While we discussed Saul’s work prior to BR, there was another book that he wrote, that was published posthumously.  This work, Ketav Yosher, defended Naftail Wessley and his changes to the Jewish educational system.  Indeed, Ketav Yosher, is a scathing attack on many traditional sacred cows. [17]  Ketav Yosher, like MY, was published without Saul’s name, but again, we have testimony that Saul was in fact the author.  In light of the position Ketav Yosher takes, it is no surprise that this book doesn’t help Saul’s standing among traditionalists.  

    Saul may have written additional works as well, however, like the BR itself, there is some controversy surrounding those additional works.  R. Saul’s son, R. Areyeh Leib records an additional 11 works that Saul left behind after he died.  The problem is these very same works – although all remaining in manuscript – have been attributed to someone else.  But, before one jumps to conclusions, it should be pointed out that this story gets even more complicated.  The book which attributes these works to another is itself problematic.  Indeed, whether this list attributing the books to another even exists is a matter debate.  And, while that sounds implausible, that, indeed is the case.  Ben Yaakov, Otzar ha-Seforim (p. 599 entry 994) says there is a 1779 Frankfort Order edition of Sha’ar ha-Yihud/Hovot ha-Levovot that includes an introduction (and other material) that lists various manuscripts which the editor, according to Ben Ya’akov, was a grandson of Yitzhak Yosef Toemim, ascribes to his grandfather – and not Saul. Weiner, in his bibliography, Kohelet Moshe, (p. 478, no. 3922) says that Ben Ya’akov is wrong – not about the edition, Weiner agrees there was a 1779 Frankfort Oder edition, just Weiner says there is no introduction and Toemim wasn’t the editor (and other material is missing). Vinograd, Otzar Sefer ha-Ivri lists such a book – 1779 Frankfort Oder, Hovot ha-Levovot/Sha’ar ha-Yichud, but there is no such edition listed in any catalog that we have seen including JNUL, JTS, Harvard, British Library etc. It appears that Samat couldn’t locate a copy either as although he records the dispute between Weiner and Ben Yaakov, he doesn’t offer anything more.  Thus, Saul’s other writings, for now, remains an enigma.

    It is worthwhile to conclude with the words of R. Matisyahu Strashun regarding Saul and the BR:

“After all these analyses, even if we were able to prove that the entire BR from the begininning to end is the product of R. Saul, one cannot brush the work aside . . . as the work is full of Torah like a pomegranate, and the smell of besamim is apparent, it is a work full of insight and displays great breadth, the author delves into the intricacies of the Talmud and the Rishonim, the author is one of the greats of his generation.”  Shmuel Yosef Finn, Kiryah Ne’amanah, notes of R. Strashun, p. 93.

The Internet


    As hopefully should be apparent, most of the books discussed above or referenced below are available online.  These include the rare retraction that R. Saul published regarding his position on shaving on hol ha-ma’od, Ketav Yosher, the prospectus for BR, as well as the BR itself.  Indeed, not only is the BR online but both editions are online. And, the BR exemplifies why one should be aware of multiple internet sources.  Hebrewbooks has a copy of BR which they indicate is the first edition “Berlin, 1793,” however, in reality it is the later, 1881 Warsaw edition of the BR.  As noted above, that edition, however, is lacking two responsa.  This highlights an issue with Hebrewbooks, the bibliographical data is not necessarily correct.  The JNUL, has the first edition. Indeed, in the case of the JNUL, the bibliographical information is much more reliable than Hebrewbooks. Thus, one needs to use both the JNUL as well as Hebrewbooks if one wants to get a full picture of the BR. Or, another example.  Both the JNUL site as well as Hebrewbooks has MY online; but, the JNUL version was bound with two rare letters at the end and those appear online as well.  Additionally, when it comes to Hebrewbooks, one must be aware that they have removed books that someone presumably finds objectionable so although MY and KY are there now, there is no guarantee it will be in the future.  Similarly, although not online, and unlike the MY the JNUL has, Otzar haChomah has the Ze’ev Yitrof with additional material bound in the back. Besides for all these rare seforim mentioned, many of the other seforim quoted in this post, as is apparent from the links, can now be found on the web in a matter of seconds instead of what just a few short years ago would have taken a nice long trip to an excellent library.

Saul’s Epithet, he was buried in the Alderney Road Cemetery in London, next to his brother, Hirschel, Chief Rabbi 
Notes

[1] For more on R. Raphael Cohen see the amazingly comprehensive and insightful bibliography by the bibliophile R. Eliezer Katzman, “A Book’s Luck,” Yeshurun 1 (1996), p. 469-471 n.2. See also R. Moshe Shaprio, R Moshe Shmuel ve-Doro pp.103-110 especially on the BR see 108-09. C. Dembinzer, Klielas Yoffee, 1:134b, 2:78b writes that the work on TY caused R. Saul to lose his position as Chief-Rabbi of Frankfort and his wife divorced him because of it. See also, S. Agnon, Sefer Sofer Vesipur, p.337. On R. Raphael Cohen and his connection with the Gra and Chasidus see D. Kamenetsky, Yeshurun, 21, p. 840-56. As an aside this article generated much controversy for example see the recent issue of Heichal Habesht, 29, p.202-216 and here.
[2] Regarding the correct pronunciation of this title see Moshe Pelli, “The Religious Reforms of ‘Traditionalist’ Rabbi Saul Berlin,” HUCA (1971) p. 11.  See also R. Shmuel Ashkenzi’s notes in the BR, Jerusalem, 1983 ed., introduction, n.p., “Notes of R. Shmuel Ashkenzi on Kuntres Yefe le-Besamim, note 6.  
Additionally, MY was not Saul’s first literary production, nor was it his first that was critical of another’s book.  Instead, while he was in Italy in 1784, he authored a kunteres of criticisms of R. Hayyim Yosef David Azulai’s Birkei Yosef.  See R. R. Margolis, Arshet pp. 411-417; Moshe Samat, “Saul Berlin and his Works,” Kiryat Sefer 43 (1968) 429-441, esp. pp. 429-30, 438 n.62.  On Chida’s opinion of the BR see for example Shem Hagedolim:

עתה מקרוב נדפס ספר זה בברלין… ועוד יש הגהות כסא דהרסנא. ואשמע אחרי קול רעש כי יש בספר זה קצת דברים זרים ואמרו שהמעתיק הראשון בארץ תורגמה מכ”י הרב יצחק די מולינא ז”ל יש לחוש שהוסיף וגרע. ולכן הקורא בסי’ זה לא יסמוך עליו דאפשר דתלי בוקי סריקי בגדולים עד אשר יחקור ויברר הדברים ודברי אמת ניכירים ודי בזה… (שם הגדולים, ערך בשמים ראש, וראה שם, ערך מר רב אברהם גאון)

See also the important comments of R.Yakov Chaim Sofer, Menuchas Sholom, 8, pp. 227-230 about the Chida.
[3]  Eliezer Landshut, Toldot Anshei Shem u-Puolotum be-Adat Berlin, Berlin: 1884, 89-90 for the text of the ban as well as its history.  Additionally, for the proclamation read in the main synagogue of Altona see id. at 90-1. This proclomation has been described as “one of the harshest condemnations” of the time.  See Shmuel Feiner, The Jewish Enlightenment in the Eighteenth-Century, Jerusalem: 2002, p. 310. 
[4]  Id. at 91. Samat, however, notes that neither Saul nor his father ever admitted Saul’s authorship of MY.  Samat, “Saul Berlin and his Works,” p. 432, 4.  
[5] According to A. Berliner, the author of this pamphlet is R. Eliezer Heilbot. See Samat, id. Saul and MY were not the only ones attacked. The publisher of MY, Hinukh Ne’arim, was also attacked and, not only MY but all the books they published were prohibited by some. The publishers, however, defended their decision to publish MY.  They argued that the whole point of MY was to ascertain if R. Raphael Cohen’s book was riddled with errors or, the author of MY was mistaken.  The publishers pointed to the above mentioned introduction to MY wherein the MY’s author explains that he has sent copies of the book to leading rabbis to determine the question regarding R. Cohen’s book. Thus, MY is either right or wrong, but there can be nothing wrong with merely publishing it.  See id. at 92-3.
Additionally, it should be noted that according to some, Saul authored a second attack on R. Raphael.  R. Raphael published Marpeh Lashon, Altona, 1790, and was soon after attacked in the journal Ha-Meassef by someone writing under the pen-name EM”T.  Many posit that this is none other than Saul.  Katzman, Yeshurun 1, 471 n.3, disagrees and points to internal evidence that it is unlikly that Saul is the author of this critique. 
According to Feiner, these attacks were not one-sided.  Feiner argues that R. Cohen criticizes Saul, albeit in a veiled manner, in Marpeh Lashon.  See Feiner, Jewish Enlightenment, op. cit., 314-15.  
[6] Landshuth, id., suggests that Moshe is a non-existent figure like MY’s putative author Ovadiah. See also, Samet, “Saul Berlin and his Works,” 432 n.4 who similarly questions the existence of Moshe.  Carmilly-Weinberg makes the incredible statement that his Moshe is none other than Moses Mendelssohn.  Carmilly-Weinberg, Sefer ve-Seiyif,  New York, 1967, p. 215, (Carmilly-Weinberg’s discussion about both MY and BR are riddled with errors).  As Pelli notes this is impossible as the letter is signed 1789, the same year MY was printed, and Mendelssohn died three years prior. Pelli resurrects Moshe and links him with a known person from Amsterdam, Saul brother-in-law. See Pelli, HUCA (1971) p. 13 n.75.  Ultimately, however, Pelli rejects this and demonstrates that Moshe is indeed a pseudonym but a well-selected one.  See id.  
[7]  See Landshuth, 93-9; Pelli, 13-15.  See also R. Alexander Sender Margolioth, Shu”t ha-RA”M, Lemberg, 1897, no. 9.    
[8] See Feiner, The Jewish Enlightenment, op. cit., 312-13.  This newspaper is online here, and Feiner provides the relevant issues which are 1789 pp. 484-88, 520-24, 574-81, 680-82, 768-74, 791-802, 867-92, 932-72.   
One of which includes this portrait of R. Cohen.
Which is a very different portrait, both in time and look, to the one appearing in E. Duckesz, Ivoh le-Moshav, Cracow, 1903.

[9] For the deeper meaning of the title Kasa de-Harshena, see Moshe Pelli, The Age of Haskalah, University Press of America, 2006, 183 n.51.
[10] See Samat, who discusses the exact progression of the ban.

[11] See Yechezkel Shrage Lichtenstein, Suicide: Halakhic, Historical, and Theological Aspects, Tel-Aviv, 2008, pp. 438-44. See also,Yeshurun 13:570-587 especially pp.578-581; Marc B. Shapiro, “Suicide and the World-To-Come,” AJS Review, 18/2 (1993), 245-63. 
On the issue of suicide there are others who similarly reach the same holding as the BR see Strashun in his מתת-יה pp. 72a-72b (this source is not quoted by Samet or Amar).
[12] Biographical information on R. Yosef Lazer is scant.  For information on his father and grandfather, see Meir Wunder, Me’orei Galicia, Israel, 1986, vol. III, pp. 456, 462-3. See also T.I. Abramsky, “‘Besamim Rosh’ in the Hassidic Milieu,” Taggim, (3-4), 56-58.   
[13] Samat only notes the removal of one responsum, he fails to note that exclusion of the second.  He does, however, note the misplaced responsum.  Additionally, Kuntres ha-Teshuvot ha-Hadash, fails to record that any are missing or that one responsum was moved to the end. 
[14] See Pelli, Age of Haskalah, pp. 185-89, comparing a few responsa with 18th century haskalah literature.
[15] Assaf was not the first to use this responsa and note its historical anacronisms.  Leopold Zunz, also highlights the issues with this responsum (as well as others).  Leopold Zunz, Die Ritus des Synagogalen Gottesdienstes, Geschichtlich Entwickelt, Berlin: 1859, 226-28.  Zunz’s critique is quoted, almost in its entirety by Schrijver, but Schrijver appears to be unaware of Assaf’s additional criticisms of the responsum (and others).
Assaf provides one other example where he shows through internal data that there is a misattribution.  Assaf concludes that he has other examples of historical anacronisms in BR but doesn’t provide them here or, to our knowledge, anywhere else.
[16] For another critique of Fishman’s position see Emile G.L. Schrijver, “Saul Berlin’s Besamim Rosh: The Maskilic Appreciation of Medieval Knowledge,” in Sepharad in Ashkenaz, Netherlands: 2007, pp. 249-259, esp. pp. 253-54. 
[17] Regarding Ketav Yoshor see Pelli, Age, 176-79. See also here and here.

Additional Bibliography:
M. Samet has two articles on the topic, R. Saul Berlin and his Writings, Kiryat Sefer, 43 (1969) 429-41; “Besamim Rosh” of Saul Berlin, Kiryat Sefer 48 (1973) 509-23, neither of which are included in the recent book of Samet’s articles.

To add to Samet’s and Amar’s very comprehensive lists of Achronim who quote BR: (I am sure searches on the various search engines will show even more): Malbim in Artzos Hachaim, 9:41 (in Hameir Learetz); Shut Zecher Yosef,1:32b; Keter Kehunah p. 30; Matzav Hayashar 1:2a; Pischei Olam 2:218,228; Birchat Yitchcak (Eiskson), pp. 6,14,24; Maznei Tzedek, p.26,45,254; R.Yakov Shor, Birchat Yakov, pp.212  Sefer Segulos Yisroel pp.116b; R. Rabinowitz, Afekei Yam 2:14; R. Leiter, Zion Lenefesh Chayah# 43; Shut Sefas Hayam, OC siman 14; R Meir Soleiveitck, Hameir Laretz 45a, 45b, 54b, 55a; Emrei Chaim p.26; R. Sholom Zalman Auerbach, Meorei Eish p. 108 b

In general on BR see: R.Yakov Shor,Eytaim Lebinah (on Sefer Haeytim) p. 256; Pardes Yosef, Vayikrah 220b Pardes Yosef, Shelach p. 517; R.Yakov Chaim Sofer, Menuchas Sholom, 8, pp. 222- 230; Shar Reven p. 54; A. Freimann, HaRosh ; Y. Rafel, Rishonim Veachronim, pp. 123-130; B. Lau, MeMaran Ad Maran, pp.133; S. Agnon, Sefer Sofer Vesipur, pp.337-339.

R. Pinhas Eliyahu Horowitz writes:

ולפעמים תולים דבריהם באילן גדול וכותבים מה שרוצים בשם איזה קדמון אשר לא עלה על לבו… כספר בשמים ראש שחיבר בעל כסא דהרנסא לא הרא”ש וזקני ישראל תופסי התורה יעלו על ראשם… (ספר הברית, עמ’ 232).

The Steipler was of the opinion in regard to the BR that:
שבאמת ניכר מהרבה תשובות שהם מהרא”ש ז”ל רק כנראה שיש שם הרבה תשובות מזויפות שהמעתיק הכניס מעצמו כי ישנם שם דברים מאד מזורים ואיומים  (ארחות רבנו, א, עמ’ רפה)

R Zevin writes in Sofrim Veseforim (Chabad) p.354 :
אלא שבתשובות בשמים ראש המיחוס להרא”ש ושכידוע נמנו וגמרו שמזוייף הוא

R. Yakov Kamenetsky said: “Do you think Just we (he meant people of his own caliber) were fooled? Even R. Akiva Eiger was fooled.” (Making of a Godol, pp.183-184)

About Rav Kook and the BR see: http://www.biu.ac.il/JS/JSIJ/5-2006/Gutel.pdf

R. Avigdor Nebensal writes:

כשמביאם את הבשמים ראש ראוי להזכיר שיש מסתייגים חריפות מהספר הזה (השתנות הטבעים, עמ’ 16).
R Zalman Nechemiah Goldberg writes:
אכן בעיקר הענין אם להביא דברי בשמים ראש בודאי צדק הג”א נבנצל שליט”א שיש להביאו בהסתייגות, ובפרט בענינים אלו שהוחזק למזייף ולמביא עקומות וכוזבות (השתנות הטבעים, עמ’ רסד).




Renewal of the Hakhel Ceremony in Jerusalem and New York

Renewal of the Hakhel Ceremony in Jerusalem and New York[1]

By Aaron R. Katz

A graduate of the University of Chicago Law School and a musmach of RIETS, Aaron is the Associate Director, Private Equity and M&A Finex at WTW Israel. He lives with his wife and four children in Mishkafayim, Ramat Bet Shemesh.

As we come to the final days of the Shmitah year, preparations will soon begin for the Zecher LeHakhel events that will occur starting with the new year of 5783 (2022), which is a Motzei Shmitah year (the year following the Shmitah year).

During Chol Hamoed Sukkot in 2015, a Zecher LeHakhel ceremony took place in the courtyard in front of the Kotel. As the corresponding Hebrew year of 5776 immediately followed a Shmitah year, the event was a commemoration of the biblically-ordained Hakhel ceremony[2] in which the entire nation would assemble during Sukkot[3] of every Motzei Shmitah year for a public reading by the king of certain parts of Deuteronomy.[4] Present at the event at the Kotel were numerous dignitaries, including the Ashkenazi and Sefardi Chief Rabbis, as well as President Reuven Rivlin.

 The current Hakhel ceremony traces its roots to R. Eliyahu David Rabinowitz-Teomim (1843-1905) (the “Aderet” and the father-in-law of R. Avraham Yitzchak Hacohen Kook), who discussed the establishment of a commemoration of Hakhel in his book Zecher LeMikdash in 1889 (the Hebrew year of 5649, which itself was a Shmitah year), a work that was anonymously published but has been conclusively determined to have been written by him.[5] The first modern-day ceremony took place in 1945, following the end of the 5705 Shmitah year, under the auspices of Ashkenazi Chief Rabbi Isaac Herzog. The ceremony began in the Yeshurun Synagogue and concluded at the Kotel. In 1952, following the 5712 Shmitah year, the Hakhel ceremony was held on Mt. Zion (as the Kotel was under Jordanian rule at the time) and was attended by both R. Herzog and Sefardi Chief Rabbi Ben-Zion Meir Hai Uziel. A book titled Zecher LeMitzvat Hakhel, edited by R. Mordechai Cohen, appeared shortly after the ceremony and contains a lengthy discussion of the Hakhel ceremony, as well as pictures and a description of the 1952 event. [6]

In the Nisan 5713 (March/April 1953) edition of Yeshiva University’s Talpioth journal includes two articles on Hakhel, including one by the journal’s editor R. Samuel K. Mirsky, under the title: “Renewal of Hakhel.[7] At the end of that same journal appears a Hebrew description of a Hakhel ceremony that took place in New York. The description was written by a certain צ.. (which most certainly refers to R. Zvi Tabory, who took part in the event as mentioned below). An English translation of this description from Talpioth appears below.[8]

Hakhel Gathering in New York

On Wednesday, the third day of Chol Hamoed Sukkot, a special gathering took place at the Commodore Hotel in New York to commemorate the Hakhel ceremony.

The gathering was organized by the Jewish Agency’s Department for Torah Education and Culture in the Diaspora to allow the Jews of the Diaspora the opportunity to identify with our brethren in the State of Israel who were assembling at the same time on the summit of Mt. Zion in Jerusalem to take part in a Hakhel ceremony organized by the Chief Rabbinate and the Ministry of Religion, the first such event since the establishment of the State.

The Rabbinical Council of America co-organized this gathering together with the Jewish Agency’s Department for Torah Education and Culture in the Diaspora (the “Department”), and this joint effort was extremely successful. A large celebratory crowd filled the hall, and hundreds of people were forced to go home for lack of space.

Dr. Yosef Burg, Israel’s Health Minister, inspired those assembled with his words on the responsibilities of a Jew, whoever he may be, to the State of Israel. R. Samuel K. Mirsky gave an instructive talk on the renewal of the practice of Hakhel in Israel. R. Zvi Tabory, Director of the Department in New York, opened the evening and pointed out the historic nature of the event, which comes on the heels of the revival of our nation in its land. He also delivered words of blessing on behalf of the Chief Rabbinate of Israel and the head of the Department, R. Zev Gold of Jerusalem. The participants enthusiastically accepted the blessing from Zion: “Just as you have merited to organize this event, so may you merit to perform the ritual properly according to all of its laws in the restored Temple in Jerusalem!” R. Israel Tabak of Baltimore, head of the Education Department of the Rabbinical Council of America, served as the master of ceremonies for the event and introduced R. Theodore Adams, the President of the Rabbinical Council of America, who discussed the concept of Jewish unity. Dr. Pinkhos Churgin, President of Mizrachi in America, delivered words of blessing on behalf of the Mizrachi organization, and R. Yissocher Levin, President of Hapoel HaMizrachi in America, delivered words of blessing from his organization.[9] Mr. Eliezer Doron, Israeli Consul General of New York, delivered words of blessing on behalf of the State of Israel.

A musical program was arranged by Cantor Shalom Katz from Washington, D.C., and Cantor Pinchas Jassinowsky from New York. Mrs. Jassinowsky accompanied them on the piano. 

R. Zvi Yehuda Meltzer, Av Bet Din of Rehovot and Rosh Yeshiva of Yeshivat Hadarom in Israel, recited a special prayer for world peace.

It is quite unfortunate that an event of this caliber only occurs once every seven years; however, we can hope that the inspiration and excitement felt on this occasion will sustain the Jewish community for the next seven years.

The organizers of the event did not want to limit its scope simply to New York; rather, they intended to extend it to outlying cities as well. In turning to rabbis across the United States to suggest that they arrange Hakhel commemoration events in their respective communities, they offered a sample program, attached materials on the topic of Hakhel, and provided copies of the thorough, instructive, powerfully impactful article on Hakhel written by R. Samuel K. Mirsky, an advanced edition of which had been published in honor of the celebration held on Chol Hamoed Sukkot.

In addition, the Department arranged a celebratory Hakhel event for upperclassmen from yeshiva day schools that took place in the large hall of the Rabbi Isaac Elchanan Theological Seminary. This event was also held during Chol Hamoed Sukkot, and 1,200 students from 20 different yeshiva day schools participated. Students from the Shulamith School for Girls put on a wonderful play about the draining of the Hula swamps. A choir of one hundred students from Yeshiva Rabbi Moshe Soloveichik and Yeshiva Rabbi Israel Salanter, conducted by Mr. S. Silbermintz, sung a number of pleasant tunes for the audience.

These young children also lit candles and prayed for world peace, and it is certain that this event left a lasting impact on the attendants.

Conclusion

This post focuses on the rebirth of the modern Hakhel ceremony in the years of 1945 and 1952. In a future post, I hope to examine the manner in which the ceremony was observed in later years in both Israel and the diaspora. Of particular interest is whether R. Mirsky’s push for widespread of observance of Hakhel in the diaspora made a lasting impact following the successful 1952 event.  

Notes:

[1] I wish to thank my dear friends Rabbi Shaul Seidler-Feller, Mr. Menachem Butler and Rabbi Dr. Eliezer Brodt for their assistance on this brief essay at the Seforim blog. The essay is dedicated to the memory of my beloved chavrusa Donny Ladell, דניאל שבתי בן אליעזר ז“ל, upon his thirteenth yahrtzeit.
[2] See Deuteronomy, ch. 31. Also see the recently published Parshas Ha’melech by R. Moshe Parness on pages 118-120 where he quotes the relevant sources that discuss that Hakhel is only a biblical commandment in force as long as the Beit Hamikdash is standing. There is also a sefer called Parshas Ha’melech by R. Shmuel Genut on Hakhel that was just published this summer as a third edition (with the earlier two editions having been published in the two previous Motzei Shmitah years, respectively) that discusses the mitzvah of Hakhel, online here.
[3] For an in-depth discussion on the exact day of when Hakhel would take place, see David Henshke, “When is the Time of Hakhel?” Tarbiz, vol. 61, no. 2 (1992): 177-194 (Hebrew), available here.
[4] See Rambam, Hilchot Chagigah, ch. 3. For a detailed analysis of the Rambam’s opinion and a description of the proper halachic manner in which to conduct a Zecher LeHakhel event, see Maran Ovadya Yosef, Chazon Ovadya: Hilchot Shmitat Ksafim uPruzbul (Jerusalem, 2015), 219-228 (Hebrew), as well as his responsum in She’elot u-Teshuvot Yabia Omer, Yoreh Deah, vol. 10, no. 22. Maran Ovadya Yosef was prominently involved in numerous “Zecher LeHakhel events” at the Kotel. I was privileged to see him in person in 2008 at the last Zecher LeHakhel he attended before his passing in 2013.
[5] See Yaakov S. Spiegel, Amudim be-Toldot ha-Sefer ha-Ivri / Chapters in the History of the Jewish Book, vol. 3: The Title Page (Jerusalem, 2014), 35-36 (Hebrew), regarding the anonymously published Zecher Lemikdash, which includes an approbation from Rabbi Eliyahu David Rabinowitz-Teomim, known as the Aderet, as well as comments that the Aderet himself wrote on the work, which Spiegel notes was purposely done by the Aderet in order to conceal that he himself authored the work.

Note that the Ahavat Shalom edition of all of the Aderet’s writings was published in 2004 and the Zecher Lemikdash volume contains the original Zecher Lemikdash that was anonymously published as well as additional writings from the Aderet that has not previously been published (see pages 22-24 and 82-85).

See also the recently-published volume of The Collected Writings of R. Moshe Reines, ed. Eliezer Brodt (Jerusalem, 2018), 604 (Hebrew), where R. Reines identifies the Aderet as the author of Zecher Lemikdash. For more on this work, see here. Also see Ari D. Kahn, “The Commandment of Hakhel,” Explorations (25 September 2015), notes 2-3, available here, regarding the authorship of Zecher Lemikdash. R. Parness in Parshas Ha’melech (see source 2 above) also quotes Zecher Lemikdash though he argues with one of the Aderet’s sources.
[6] This sefer is available online here.

In a recently published collection of writings of the Chazon Ish titled Sefer Chazon Ish: Shailos uTeshuvos v’Chiddushim, it is recorded in Siman 446 that on his copy of the Sefer Zecher LeMitzvat Hakhel, the Chazon Ish wrote that “assur la’asot ken” (it is forbidden to do so). Perhaps the Chazon Ish’s opinion may serve as one source for the general resistance of Ashkenazi haredi circles to joining in the event at the Kotel, which is more closely identified with the national religious movement (at least from the perspective of Ashkenazim). Notably, since the late Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, was a proponent of Hakhel events (see, for example, the letter from R. Schneerson in the beginning of Zecher LeMitzvat Hakhel), the Chabad movement hosts numerous such events around the world throughout the entire year following Shmitah. For a synopsis of R. Schneerson’s views on Hakhel, see, for example, two articles by Shmuel Butman, “A Special Year: Hakhel Gatherings for Torah Inspiration,” The Jewish Press (23 September 1994): 19; and Shmuel Butman, “The Year of Hakhel,” The Jewish Press (21 October 1994): 36. See also the Likras Shabbos volume (volume 516, Parshas Veyelech, 5776) published by Or Hachasidus which contains many insights on Hakhel from R. Schneerson.
[7] Talpioth, vol. 6, no. 1-2 (March-April 1953): 92-118 (Hebrew).

Several months prior to the publication of his Talpioth article, R. Mirsky published two articles in English-language publications on Hakhel in Samuel K. Mirsky, “Hakhel,” The Jewish Forum, vol. 35, no. 9 (October 1952): 167-169; and Samuel K. Mirsky, “The Forgotten Mitzvah,” The Jewish Horizon, vol. 15, no. 2 (October 1952): 3-4. See also the article by R. Mirsky’s brother-in-law in Gersion Appel, “Renewing the Covenant: The Importance of Hakhel for the Jewish Faith and Its Implications for Today,” The Jewish Horizon, vol. 15, no. 6 (February 1953): 6-9.

Interestingly, R. Mirsky posited, based on R. Eliezer of Metz, that there are really two separate Mitzvot involved with Hakhel, one of which is a commandment directed to the entire nation and one of which aims at the individual. R. Mirsky wrote that the individual commandment had been transformed into the modern-day celebration of Simchat Torah, and that, with the establishment of a Jewish state, the national commandment can now be renewed, concluding that “only a Hakhel in which the national aspect is emphasized in fitting celebration can fill the demand of the hour.”

For an initial biographical tribute to R. Samuel K. Mirsky, see Yehudah Mirsky, “The New Heavens in the New World: The Religious Hebraism of Samuel K. Mirsky,” in Adam S. Ferziger and David Sperber, eds., Darkhei Daniel – The Paths of Daniel: Studies in Judaism and Jewish Culture in Honor of Rabbi Professor Daniel Sperber (Ramat-Gan: Bar-Ilan University Press, 2017), 101*-128*, available here.
[8] The JTA also has a write-up of the New York event. See online here:

“A parallel celebration of the revival for the first time in 2,000 years of “Hakhel,” the Biblical ceremony which was performed in ancient Israel at the end of every Sabbatical year, took place at the Hotel Commodore here tonight at a public service sponsored by the Jewish Agency and the Rabbinical Council of America. The service was a counterpart of a similar celebration held in Jerusalem earlier this week on Mount Zion under the auspices of the Chief Rabbinate of Israel. A message from Dr. Nahum Goldmann emphasizing that the furtherance of Jewish scholarship and culture in its various forms is of decisive importance for the survival of the Jewish people and of Judaism, was read at the service here. A “Hakhel” ceremony for children, attended by 1,200 pupils of 19 Hebrew day schools in New York, was held yesterday at the Yeshiva University.”

[9] Note that at this time, Mizrachi and Hapoel HaMizrachi were two Israeli political separate parties. These parties later combined for the 1955 Knesset elections and ultimately merged in 1956 to form the National Religious Party.