Modena, Gilgul, and an Unpublished Letter

Someone in a comment to a recent post mentioned an article that appears in the latest issue of the journal Ets Hayyim. This journal is published by the “students and hassidim of Bobov.” [Supposedly this journal is a break-off of the excellent journal Kerem Shlomo.]
The journal is comprised of what most torah journals are today, there is a section publishing manuscripts hiddushei torah, general hiddushei torah, some articles on halacha etc. In this fourth and most recent issue there is an article that I think deserves wider dissemination.

R. Shmuel Aboab (1610-1694), author of the Davar Shmuel (as well as Sefer Zikrohonot, discussed here, and Tavat Dovid) was one of the leading rabbis in Italy and Europe of his day. He corresponded with numerous people, part of that correspondence was published in Davar Shmuel. Davar Shmuel, published posthumously by his son, was a mahdurah kama (first edition -that Spiegel doesn’t mention in his discussion regarding mahdurah kama/tinyana – although it is a printed book and not a manuscript), and does not include all R. Shmuel Aboab’s responsa (something that was not corrected in the latest reprint of the Davar Shmuel). For many years, a collection of R. Abaob’s letters (approximately 300!) were in the Montefiore Library and now they have passed into private hands. (These letters are mentioned in Hartwig Hirschfeld’s Descriptive Cataloue of the Hebrew Manuscripts in the Montefiore Library – but the Google books version is for some reason missing the relevant page.) According to the description provided in Ets Hayyim, many of these letters have never been published or used by scholars (see below for a discussion of this claim). In Ets Hayyim, they have published one of the letters in its entirety. A detailed introduction about the manuscript generally and R. Aboab is included. This was written by R. Betzalel Divlitski. R. Divlitski uses traditional as well as academic sources in his introduction. Also an index of all the letters from the Montefiore collection is provided that includes some important snippets of these letters. For instance, one letter (no. 125) includes information when R. Ya’akov Hagiz came to Italy, something, according to R. Divlitski, that was previously not definitively known (again, see infra for more on this claim). According to the index, this letter tells us R. Hagiz came to Italy in 1659 (see infra note 2 ). Moreover, the letter that is published is in no way pedestrian. Rather, it is about a controversial topic and takes, what can be seen, as a controversial position.

While the above comes from R. Divlitski’s introduction and notes, it is worthwhile pointing out some serious shortcomings in R. Divlitski’s comments. R. Divlitski claims that most of these letters have never been published. This is wrong, and R. Divlitski knows it is wrong. Most of these letters were published by Meir Benayahu in his Dor Echad B’Aretz. R. Divliksi is aware of Benahyahu’s work as he cites it throughout. Divliski also made the claim the letter discussing when R. Hagiz came to Italy [1] was unknown, while again Benayahu has it in his work and discusses its implications (Dor Echad pp. 304-5). [2] Moreover, although R. Divlitski is willing to use the book he is unwilling to say who actually wrote it. Thus, every time R. Divlitski cites Dor Echad he never mentions Benayahu’s name. Lest one think Benayahu is somehow “treif” (whatever that may mean), R. Shlomo Zalman Aurbach seem to have no problem with Benayahu and read Benayahu’s works. (See Benayahu, Yosef Becheiri, Jerusalem, 1991, p. 364, 380). [3]

A bit of history regarding Benayhu’s work – Dor Echad B’Aretz – published in Jerusalem, 1988. A while back Benayahu while traveling the world and discovered this excellent collection of letters of R. Shmuel Aboab. He even writes that he could not believe his luck on finding them – these untapped sources full of this incredible wealth of information.[4] He noted that they were extremely important for multiple areas. Therefore, Benahayu went ahead and started printing them in many different journals. These articles started appearing as early as 1954. He divided the letters into different topics, inter alia, history of Eretz Yisroel, seforim and Sabbatianism. In 1988 Benayahu collected many of these letters from these varied journals and added some more from this collection (over 100) and printed them in one volume – Dor Echad B’Aretz. In this volume he included a comprehensive history of R. Abaob and R. Moshe Zaccuto (as Benayahu is well-known for his comprehensive biographies and works). For some odd reason he did not print all the letters from this collection nor did he even print all the letters he had already published. It could be that he never noted this important letter (now published in Ets Hayyim) perhaps because he planed on coming to it in a future work as it is well known he has over thirty years worth of seforim in manuscript!

Turning back to the article, R. Divlitski is correct that the letter regarding Modena has never been published and is thus important. [It is unclear why Benayahu decided not to publish this letter.] Thus, what Diviltski should have done was prefaced his article stating that although much has been written on R. Aboab and on the letters formerly housed in the Montefiore Library and many were published by Benayahu, for some reason, a very important letter has thus far escaped publication and now to remedy that, the letter is now being published – now on to the actual letter.

The letter in question discusses the belief, or lack thereof, in gilgul (transmitigation of souls). This subject has been a hot topic for centuries and much has been written on it in general and will be the subject of a different post. [For now, see Kol Hanevuah from R. Dovid Hanazir pp. 230-36 for an excellent collection of material on this topic and see R. Reuven Margolis in Sharei Zohar, Bavaeh Metziah, 107a.]

One of the persons to have denied belief in gilgul was R. Yehudah Aryeh Modena in his work Ari Noham. While Modena explicitly denied gilgul, some questioned whether that was truly his position. The Hida, first in Shem HaGedolim and later on in his travelogue, Ma’agel Tov, (pg 113) Hida states that he saw Modena’s then unpublished autobiography and the Hida claimed that Modena wrote that he changed his opinion on gilgul because of an event he witnessed towards the end of his life. Joseph Michael Hayim in Or haHayyim (pg 443) mentions that he never found evidence of Modena’s change of heart in any manuscripts of Modena’s autobiography. [Divlitski alludes to Hayim, but like the other “academics” doesn’t cite to him or mention him explicitly.] Today, we have two printed editions of Modena’s autobiography and neither has any reference to Modena’s alleged change of heart. It is worth noting that the autobiography contains other fascinating material – much of which would not be considered flattering as it portrays Modena in a very human sense. Thus, in the Sefer HaTerumos published by Mechon Yerushalim with the commentary of the Gedulei Terumah, by R. Azariah Figo, a student of Modean, an amazing allegation is made to deal with Modena’s Autobiography. A. Goldschmidt in the introduction claims that because of the content of the Autobiography it is “a forgery.” The reason being “it is unconscionable that a qualified Talmid Hakham such as R. Yehuha Areyeh Modena [would write things] that [even] simple people would not want publicized.” (p. 25 n.8).

The letter now published in Ets Hayyim is not from Modena but instead from R. Aboab to R. Moshe Zacuto about R. Yehuda Areyeh Modena. [5] Specifically, R. Zacuto heard that R. Modena was denying and publicizing that gilgul was not a Jewish belief. R. Zacuto wanted to put Modena in herem or come out against him, and wrote to R. Aboab to get his opinion. As R. Divlitski demonstrates this letter is key to disproving the notion that although Modena initially did not believe in gilgul he changed his mind later. Due to the timing of this letter it appears that either literally at the end of Modena’s life he repudiated his belief on gilgul or, the more likely conclusion is that Modena never did.

In the letter, R. Aboab counsels against disputing Modena. R. Aboab makes a simple argument in that there are sources that dispute the claim of gilgul. Thus, there have been others who don’t believe. How then can we reconcile those positions with R. Aboab’s and R. Zacuto’s idea that gilgul is a central tenet – it must be that only worthy people appreciate and therefore believe in gilgul. It would be pointless to criticize someone for not believing when it is not really their fault.

Basically, this is a great article with important new material but proper credit is not given. Furthermore, as Divlitski notes, and in light of the fact Benayahu clearly has not yet published all these letters, hopefully, with this letter being published in Ets Hayyim someone will finally publish all these letters.

Notes:

This post is the product of the combined efforts of myself and R. Eliezer Brodt.

[1] For some reason it seems E. Carlebach did not use Dor Echad, although she does use Benayahu’s prior articles, and thus was unaware of Benayahu’s discussion of this particular letter. See Carlebach, The Pursuit of Heresy, New York, 1990, p. 21, 284 nn.11-12. Although Benayahu rejects using the dates of R. Hagiz’s works to place Hagiz in Italy, Carlebach does just that. See Benayahu, Dor Echad, pp. 304 and Carlebach, id. Additionally, Carlebach does not mention the letter discussed above that explicitly establishes Hagiz in Italy.

[2] For some reason Divlitski says the letter was written in 1659 while Benayahu says the letter was written in 1657. Additionally, Divlitski says that he can figure out who the recipient of the letter is, although “coincidentally” Benayahu uses the same materials to come to the same conclusion.

[3] This is not the only time Divlitksi leaves out the authors name. He also uses Tishby’s edition of Tzitz Novel Tzvi, but doesn’t mention Tishby.

[4] Divlitski uses similar language when discussing how important the letters are as an untapped resource.

[5] It is worth noting that Modena and Aboab corresponded directly see Benayahu, “Yediyah al Hadfasat Seforim vehafatzasm b’Italia” in Sinai, 34 pp. 157-58, 186-87.




Rabbi Yitzhak Hutner’s View of Torah Im Derekh Eretz and a Hidden Haskamah Rediscovered

Rabbi Yitzhak Hutner’s View of Torah Im Derekh Eretz and a Hidden Haskamah Rediscovered
Shmuel Lesher

Shmuel Lesher is the assistant rabbi of the BAYT (Toronto). He can be reached at shmuel.lesh@gmail.com

*Thanks to my father-in-law, Rabbi Hanan Balk, for sharing many of the works used to research this topic with me from his vast and eclectic personal library. Thank you to Rabbi Dr. Jacob J. Schacter, Rabbi Moshe Lieber, Rabbi Daniel Korobkin, Ezer Dienna, and Rabbi Ken Stollon for greatly improving this article. Thank you to Simmy Zieleniec for connecting me with the Levi family.

Rabbi Yitzhak Hutner: A Brief Biographical Sketch

R. Yitzhak Hutner (1906-1980), the longtime dean of Yeshiva Rabbi Chaim Berlin of Brooklyn, New York had a unique and eclectic approach to Torah, spirituality, and Orthodox society life in the 20th century. A student of the famed Lithuanian Rabbi Nosson Tzvi Finkel, the Alter (Elder) of Slabodka, and influenced by Rabbi Avraham Yitzchak HaKohen Kook, R. Hutner brought a blend of Hasidic and Lithuanian creative spirituality when he made his way to America. He shared his poetic and philosophical ideas with his students through his maamarim (discourses) which were later recorded, edited, and presented in his magnum opus Pahad Yitzhak (1964-1982).

Published biographical material about R. Hutner is sparse and scattered.[1] Even more difficult to come by are definitive statements of policies or positions made by R. Hutner. Therefore when determining his position on the question of the admissibility of a Torah Im Derekh Eretz curriculum, an educational program designed for the combined study of Torah and secular studies, one has to piece together bits and pieces of evidence in order to arrive at even an approximation of his view.

In one of the few biographical works on R. Hutner, R. Dr. Hillel Goldberg begins by citing an anonymous student’s recollection of R. Hutner saying, “Regardless of what you hear quoted in my name, do not believe it unless I have told it to you personally.”[2]

Ironic as this quotation may be, I understand why R. Goldberg chose it to begin his biographical sketch. The citation — however accurate or “believable” — captures the challenge the persona of R. Hutner poses to the genre of biography. It seems as though R. Hutner intentionally obscured his public position on a number of issues, preferring to share his outlook with his students and others personally.

The Yeshiva Community’s Approach to Secular Studies

To appreciate the nuances of R. Hutner’s position on Torah Im Derekh Eretz, it is important to understand the American Yeshiva community of which he was part. In his study of the early and mid-20th century American Yeshiva world, William Helmreich describes three basic approaches that American yeshivas took to secular studies.

On one hand, Yeshivas Rabbeinu Yitzchak Elchanan (RIETS), from its inception took a more open approach to secular studies. On the other extreme, yeshivas like Beth Midrash Gavoha of Lakewood, New Jersey and Telshe of Cleveland, Ohio completely forbade college attendance, notwithstanding that it is likely that many of their alumni did attend some level of advanced educational institution. A third group of yeshivas, including Ner Israel of Baltimore and Yeshivas Chofetz Chaim of New York landed somewhere in the middle of these two extremes. Although they discouraged college attendance, these yeshivas recognized that a college degree can be a necessary step for a yeshiva student to make a living. Because of this reality, many yeshivas took a more moderate stance on college attendance.[3]

It appears that Yeshiva Rabbi Chaim Berlin would most likely fit into the third category of yeshivas which discouraged college attendance but did not forbid it. R. Hutner, who had a powerfully personable and dominating personality, encouraged his students to devote themselves completely to Torah study. As one student put it:

I went to college and, while permitted, college was looked down upon. With some exceptions, the top fellows didn’t go. The strength of Rav Hutner’s personality-my feet trembled whenever I spoke to him-drew us all in. It enabled you to resist your more modern parents who often wanted you to go to college. He built up your ego and made you feel you were great.[4]

R. Hutner had a broader vision for the American Jewish community than just his own yeshiva’s success “It is only a matter of time,” R. Hutner commented to Shmuel Avigdor when asked in an interview in the 1960’s what he thought about the future of the American Jewish community he inhabited and helped create and foster. R. Hutner told Avigdor:

It is obvious that it will not be exactly the same as the European Judaism that existed before the Shoah. It will have its own unique character. It will have its own ‘kineitch’ (personality or character). But it will be a Judaism that is complete and authentic — A Judaism not embarrassed of our former generations. Even today we already have American-born avreikhim (married kollel fellows) who are gedolei torah (great Torah scholars) in the original and authentic sense of the word. It is true that their greatness in the Torah is currently measured by the greatness in the style of Poland and Lithuania and there is no ‘greatness’ in the American style yet. But this will come with time, it’s all a matter of time.[5]

The American Yeshiva community, in R. Hutner’s eyes, although it would be “American” with its own flavor and identity, must be modeled after the same idealism and single-minded focus on gadlus (greatness) in Torah that characterized the European community of the previous generations. In fact, Helmreich reports that R. Hutner was critical of Yeshiva University’s synthesis of Torah and secular studies, stating that “When they put the word ‘University’ in, they spoiled everything.”[6]

Notwithstanding the above evidence which suggests a less sympathetic view towards the combination of Torah and secular studies, R. Goldberg, one of R. Hutner’s biographers posits:

Rabbi Hutner rejected synthesis but not secular study, at least for a select few. The unexceptional Talmud student would be unable to cope with intellectual challenges to tradition that Western philosophy, historiography, and other branches of learning pose. For Rabbi Hutner himself, secular study was less central than for Rabbi Soloveitchik…To Rabbi Hutner’s unitive mind, secular study identified a domain of the sacred within itself, a procedure that amounted to Torah’s reclaiming what rightfully belonged to it; for Torah, said Rabbi Hutner, was the sovereign source of all that is sacred. Hence he saw neither a moral nor a technical justification for the citation of secular sources in his writings.[7] 

R. Goldberg’s depiction implies that R. Hutner did, in fact, have a good deal of sympathy for secular studies, albeit only for the select few. Clearly, the evidence for R. Hutner’s position is somewhat mixed. R. Hutner’s view on Torah Im Derekh Eretz and secular studies is characteristically nuanced and even appears at times to be contradictory.

The Primary Sources

Understanding this, in order to best determine R. Hutner’s true perspective, I thought it wise to focus not on secondary sources and analysis, but on R. Hutner himself, the choices he made for himself and for his community, and his own writings. In addition to many years of intensive and single-minded yeshiva study, R. Hutner chose to study at the University of Berlin. However, it is hard to evaluate this choice as indicative of a worldview as it was only a short 4-month stint.[8] Although it does indicate some level of interest in secular and/or academic knowledge and the granting of some legitimacy to its study, albeit not necessarily for the masses.

When it comes to communal policy it appears that R. Hutner did, at least initially, support the study of secular subjects at the high school level. In the biography of Rav Dr. Joseph Breuer, the authors write:

Both R. Moshe Feinstein- rosh yeshiva of Mesifta Tiferes Yerushalayim on the East Side – and R. Yitzchok Hutner – rosh yeshiva of Yeshivas Chaim Berlin in Brooklyn – had been a part of the planning process [in assisting Rav Breuer to open some form of a Torah Im Derekh Eretz Yeshiva High School for the Jewish community of New York].[9]

Because of opposition from other gedolim to the prospect of such a yeshiva high school, the school never actually got off the ground.[10] However, R. Hutner’s early support of a yeshiva high school that would have included a dual curriculum modeled after the Hirschian approach suggests a more sympathetic view of Torah Im Derekh Eretz.

R. Hutner not only supported the founding of a yeshiva high school with a dual curriculum, there is evidence that he even supported the founding of a form of yeshiva college. William Helmreich documents a fascinating development almost totally unknown today:

In 1946 a petition was submitted to the Regents of the University of the State of New York requesting a charter for a new institution to be known as the American Hebrew Theological University. The proposed college was to be formed by the merger of Yeshiva Torah Vodaath and Yeshiva Rabbi Chaim Berlin.[11]

The Board of Trustees of this institution included Rabbi Shraga Feivel Mendlowitz (1886-1948), the menahel (principal) of Yeshivas Torah Vodaath, and, none other than, Rabbi Yitzchok Hutner. As with the yeshiva high school, although Yeshiva Torah Vodaath and Yeshiva Rabbi Chaim Berlin were granted a provisional charter on July 18, 1946, about a year later the application was withdrawn and the college was never formed. 

It appears that the person responsible for this major reversal was Rabbi Aharon Kotler. According to Helmreich’s interview with Rabbi Harold Leiman,[12] then the principal of Yeshiva Rabbi Chaim Berlin high school and the person chosen as dean of this new college, after a long conversation between R. Shraga Feivel Mendlowitz and R. Aharon Kotler in which the latter expressed his strong opposition to the idea, the decision was made to abandon the project.[13]

Even though these schools never came to be, it appears from these accounts that R. Hutner did support the idea of founding a high school as well as a college founded upon the values of Torah Im Derekh Eretz. It is even clearer in the case of the proposed American Hebrew Theological University that R. Hutner was serious about the implementation of a dual-curriculum. The fact that a dean was selected and a formal request for a charter was submitted and granted indicates how far along in the process they were in bringing the school into existence even if they ultimately withdrew the application.

Evidence From R. Hutner’s Writings 

The other area to look for evidence regarding our question is R. Hutner’s writings, primarily his letters. In a well-known letter (no. 94) to a student struggling with his transition from yeshiva into the workforce, R. Hutner emphasizes the ideal of bringing Torah values into the outside world. In his words:

Someone who rents a room in one house to live a residential life and another room in a hotel to live a transient life is certainly someone who lives a double life. But someone who has a home with more than one room has a broad life, not a double life.[14]

Although this letter does not directly support the study of secular subjects, it is clear from the content of his message that R. Hutner sees his student’s involvement in the world outside of the yeshiva as a broadening of horizons and not merely a necessary evil. 

In another letter (no. 102) included in Igros Ukesavim, R. Hutner writes negatively about a certain kind of approach to a dual yeshiva curriculum (see below). First, R. Hutner praises a work he received, presumably written by his interlocutor. Afterwards, he refers to a particular passage in this work in which the author describes an ideal in which yeshiva students, in addition to many years of Torah study, engage in “yishuv” — agricultural work or the development of land. R. Hutner notes that this outlook of “Torah Umelakhah” — Torah study and work — appears to the [American] public as a “fifty-fifty” form of a dual curriculum and is completely the opposite of the vision of the author.[15] The thrust of the letter is that, in R. Hutner’s view, despite its popularity in the American Jewish Community, a dual curriculum is not an ideal for which to strive.[16]

Notwithstanding the skepticism found in the above letter, there is another significant piece of evidence that R. Hutner did in fact approve of the Torah Im Derekh Eretz approach. R. Hutner gave his own written endorsement of the ideal of Torah Im Derekh Eretz in the form of a haskamah — a formal rabbinic letter of approbation.

Yehuda (Leo) Levi’s Work and the Case of a Missing Haskamah

In the very first footnote of the very first article of The Torah Umadda Journal, effectively launching the entire publication, the editor, Rabbi Dr. Jacob J. Schacter, cites a letter written by R. Avraham Bloch. This letter, along with three other letters of European Gedolim regarding Torah Im Derekh Eretz was first published by Rabbi Prof. Yehuda (Leo) Levi. These letters were written in response to R. Shimon Schwab’s queries regarding the admissibility of a curriculum that included secular subjects in a yeshiva outside of Germany. R. Schacter writes that R. Bloch’s response was first published by R. Levi in 1966.[17][18]

In 1959, R. Levi wrote an earlier work, Vistas From Mount Moria, published by the Gur Ayeh Institute, the same institution that published Rav Hutner’s Pahad Yitzhak. It was his first published work on the topic of Torah and General Culture.[19] In the introduction to this book, the author makes reference to two endorsements, one of which, to my knowledge, has not yet been published.

In the introduction, R. Levi thanks “Rabbi Dr. Joseph Breuer” and “Rabbi Isaak Hutner” for their endorsements and constructive criticism. However, neither of these endorsements are printed in the volume but are said to be “available upon request.”

Almost 20 years later, R. Levi did include rabbinic endorsements for his work Shaarei Talmud Torah (1981). Endorsements are given by R. Yaakov Kaminetsky (Nissan 5740), R. Pinchas Menachem Alter of Gur (5740), R. Avraham Farbstein (5741), R. Aaron Soloveitchik (not dated), and R. Ovadiah Yosef (5747).[20]

Although both R. Breuer’s and R. Hutner’s endorsements of his other work are not included, R. Levi does write in his foreword to his 1990 work Torah Study (a translation of Shaarei Talmud Torah) that the Hebrew edition was published in 1981, when his “unforgettable mentor, HaRav Joseph Breuer, had explicitly expressed the wish that the author’s notes and essays be presented in a comprehensive and coordinated Sefer.” No mention of R. Hutner is made.[21][22]  

I thought the story ended there. But to my great surprise and joy, in the course of researching this topic, I was connected to Yosef Levi, a son of Yehuda Levi who graciously shared the missing haskamah with me which I include along with a translation below.

The following pages, 155-157 (below), include the haskamah given by R. Dr. Breuer and R. Hutner:

Translation of Rav Hutner’s Endorsement 

LETTER OF ENDORSEMENT

From the rabbi who is great in wisdom and fear [of heaven], the man to whom hidden things are revealed, my rabbi and teacher, Moreinu Harav Yitzhak Hutner, may his light shine, Rosh Mesivta Yeshivas Rabbi Chaim Berlin and Kollel Gur Aryeh  

20 Elul 5719

My dear, honorable, and beloved Mr. Yehuda the son of R. Yosef Aharon Halevi, may his light shine,

Peace and blessings,

I remember when I was younger, I once had the opportunity to be within the orbit of one of the elder gedolim of the previous generation. Our conversation led to a discussion about Rabbi Samson Raphael Hirsch zt”l. This gadol then told [me] what he had heard in the year 5630 (1869-1870) from one of the unique [people] of the generation before him. In that year of 5630, news of R. Hirsch and his activities had reached Russia. There were those who had concerns about his approach, because it appeared that the study of Torah had not gained a proper footing within his activities and his educational approach. However, these concerns were not accepted by the gedolei hador of those days. And despite these doubters (naysayers), an attitude of loyalty towards R. Hirsch was established and his approach was deemed akin to [spiritual] rescue from the fire. In relation to this, this gadol then expressed the following: “The clearest proof that the intentions of Rav Hirsch were for the sake of Heaven will be found in the near future, that the desire for Torah study in the soul of the next generation of Rav Hirsch’s community will increase, and many of them will attempt to acquire additional Torah beyond what was taught by of the community’s educational system.” So were the words of that gadol.

This gadol’s words were right on the mark because we can see with our [own] eyes that during the period between the two World Wars, many benches in the yeshivas in Eretz Yisrael, Hungary, Lithuania, Poland, and Galicia were filled with the descendants of R. Hirsch’s followers. 

These recollections come up out of my memory when I encounter you, my dear. In terms of ancestry, you descend from a well-pedigreed family of German Jewry (from the descendants of the Maharal).[23] Accordingly you received your education in the ways of the great teacher of this [form of] Judaism. Your gifts have made you famous in the field of physics to the point that you have caught the eye of the government, which, because of the times, is now in need of first-rate scientific resources. At the same time, the hopes of that righteous man (referred to above) have been fulfilled in you; your heart is deeply inspired to commit yourself to Torah study in order to quench the great fire that burns within your soul. To this end, you have limited “derekh eretz” pursuits to only that which is absolutely necessary, and have established a place for yourself in our Beis Medrash Gur Aryeh. Because you have accomplished the dictum, “Make your occupation incidental and your Torah study primary” (Avos 1:15) we have witnessed your ascent in Torah study with great success. 

However, even as you were planted in the Bais Medrash, you did not forget about those whose portions [in Torah] did not fall to them pleasantly, and who did not merit to be enhanced through entering into the tent of Torah. Because of your upbringing and background, you can sense the difference between the one whose perspective is from within the Temple courtyard and the one who is from a distance. When one drinks from the nearby springs and is able to place his lips to the flowing waters, the life essence of the water enters his very being and irrigates the “marrows of his bones.” His soul is renewed and his breath invigorated. 

Not so for the person who is sustained by the water of the spring from a distance. He has to use pipes and various vessels that draw from different kinds of vessels (Esther 1:7) in order to access the water. The nature of running water is that it loses its freshness  when it passes through the pipes. What’s more, by passing through pipes, the water picks up sediment and dirt on the way. 

We know well that large group of people who, despite being prepared to accept the yoke of Torah and mitzvos, nevertheless, fail to have the water penetrate them with their normal purity and freshness, due to the fact that their lives have positioned them at a distance from the wellspring. They can only draw water that is blocked, occluded, and which has other ingredients mixed in.

Therefore, when you felt the spiritual distress of this group, your spirit pushed you into being their helper and assistant. It is for this purpose that you wrote a survey of topics in the realm of hashkafos and deos (Torah outlooks and doctrines), in order to preserve, in some way, the purity of the water for those who find themselves far away from the springs.

When you gathered together these different essays into one pamphlet with the title, Vistas from Mount Moria, you gave it to me with the request for an endorsement — I deem it correct to grant your request because I think it serves a great purpose for people of the group mentioned above as well as many who occupy the Beis Hamedrash. 

Just as you have been successful in the study of Torah, so shall you be successful in the pillar of kindness to bring close those who are far and to reveal the beauty of the Torah which you have found in the Beis Hamedrash to those who are found to be still outside of it. 

With the hopes of raising the esteem of those who toil in Torah, 

Yitzhak Hutner[24]

See Appendix for a different version of Vistas From Mount Moria. Both were published in 1959 (see facsimiles of both editions below) Although, if you compare the same pages (154-157) beginning from the back of this book, you will find that there are exactly the same amount of pages between page 154 and the Hebrew title page, however, they are all blank. Note the publication and year appear to be the same as the original version but the endorsements of both Rabbi Dr. Joseph Breuer and Rabbi Yitzchok Hutner are removed. This supports Yosef Levi’s explanation as to why the haskamah was hidden as I will address below.

 

Analysis of the Endorsement

R. Hutner’s letter of endorsement can be divided into two sections. In the first part of the letter, R. Hutner grants legitimacy to R. Samson Raphael Hirsch’s educational approach. In the second part of the letter he focuses on his student R. Levi and the importance of his work.

In the first part of the letter, in typically cryptic form, R. Hutner does not quote the gedolim who he is citing as approving of the Hirschian method. However, he clearly sees this positive view of R. Hirsch and his Frankfurt Kehillah as the definitive view. In his opinion, the descendants of the Frankfurt community joining the yeshivas outside of Germany in between the two world wars as a sign of the authenticity of R. Hirsch’s approach of combining Torah and worldly knowledge. One might argue though, that this reveals R. Hutner not to be a staunch proponent of the Hirschian philosophy as he only sees its legitimacy based on the Yeshiva Community’s criterion or a “Torah Only” standpoint and not a viable independent approach. R. Hutner praises the Frankfurt educational model not on its own merits but because it produced yeshiva students who eventually made their way to “Torah Only” institutions outside of Frankfurt. 

Moreover, although R. Hutner grants legitimacy to R. Hirsch’s program and although he himself endeavored to create dual-curriculum institutions, it would be difficult to argue that he viewed Torah Im Derekh Eretz the same as did R. Hirsch. 

Dr. Shnayer Z. Leiman, in his “Rabbinic Openness to General Culture,” cites a number of passages from R. Hirsch’s writings proving that R. Hirsch believed in the intrinsic value of Torah Im Derekh Eretz as an ideal for which to strive.[25] One citation from R. Hirsch’s work will suffice:

Culture starts the work of educating the generations of mankind and the Torah completes it; for the Torah is the most finished education of Man…culture in the service of morality is the first stage of Man’s return to God. For us Jews, Derekh Eretz and Torah are one. The most perfect gentleman and the most perfect Jew, to the Jewish teaching, are identical. But in the general development of mankind culture comes earlier.[26]

R. Hutner, who rejected the synthesis of Yeshiva University, presumably would not subscribe to R. Hirsch’s formulation of “Derekh Eretz and Torah being one.” That being said, and notwithstanding R. Hutner’s use of an external assessment of the Hirschian approach, I still believe R. Hutner personal admiration for R. Hirsch as well as for R. Levi does come through in this letter. The nameless gadol from the previous generation he cites approvingly, clearly saw R. Hirsch’s opponents as incorrect and not how the “leaders” of the previous generations viewed the issue.

The second part of the letter expresses clearly his deep appreciation, pride, and personal interest in R. Levi whom he saw as a future “thought leader” on how to approach the issues of Torah engaging with science and general culture. R. Hutner shares his concern about a particular subset within the Jewish community who have erred in their understanding of Torah. R. Hutner believed that R. Levi, a true Torah scholar of the first degree, someone who had an intimate knowledge of Torah as well as a deep understanding of culture, was uniquely equipped for guiding this group in approaching the proper balanced synthesis of Torah and worldly values.

It is of great significance that although all identifying information was removed, much of the contents of the haskamah was in fact published in Igros Ukesavim as Letter no. 127. This shows that, in the view of the publishers of Igros Ukesavim, this letter belongs in the Pahad Yitzhak corpus, R. Hutner’s written legacy. To my mind, this indicates that the letter reflects R. Hutner’s authentic position regarding the value of secular studies and R. Hirsch’s approach.

The Story Behind The Haskamah and its Removal 

The question remains, why was R. Hutner’s haskamah pulled from some editions of Vistas From Mount Moria? Yosef Levi shared with me an excerpt of the text of his yet to be published biography of his father in which he records the story which I have paraphrased below:[27]

Before the book was published some copies were distributed. Apparently, R. Aharon Kotler received a copy because he approached R. Levi and told him that he should not publish the book because he found some of the passages in the book problematic. R. Levi responded that he would consult with his rabbis. Apparently, R. Kotler shared some written comments with R. Levi because Yosef Levi records that his father reviewed Rabbi Kotler’s comments and found that they concerned only two pages related to studying science. He then decided to go ahead with publishing the book after removing the two pages from the book that R. Kotler saw as problematic.

He then asked his two rabbis, R. Breuer and R. Hutner, whether he should proceed with this plan to publish the book without these pages. R. Breuer told him to continue to publish the book along with the two pages because in his view there was nothing wrong with them. However, R. Hutner, although he agreed with R. Breuer, asked R. Levi to remove his haskamah from the book. He felt the honor of R. Kotler, whom he saw as his Rebbi, demanded that he not publish his endorsement. R. Levi agreed and R. Hutner paid to have his haskamah removed from the book. The way that this book was printed, there were one thousand copies that were bound (which R. Hutner’s haskamah was removed from) and there were another thousand unbound copies that still had R. Hutner’s endorsement. R. Levi asked R. Hutner what he should do with those copies. R. Hutner told him not to remove his haskamah from them. “Ask me again when they are ready to be bound,” he told Levi. Once the first thousand copies were sold and they were ready to bind the second thousand, R. Kotler had already passed away. At this point, R. Hutner instructed Levi to bind the second batch of books with his endorsement. Later, R. Levi was told,[28] many people had called R. Hutner asking him to withdraw his endorsement from the book. With his characteristic wit, R. Hutner told the person who answered the phone (probably his daughter, Rebbetzin Bruriah Hutner-David) to tell these callers that he was unable to take their call as he was taking a course at New York State University.

Conclusion 

I believe the context of R. Hutner’s letter and its subsequent removal is of historical significance because it provides the student of history with a hitherto unknown understanding of R. Hutner’s nuanced view of Torah Im Derekh Eretz. It appears that although he supported and advocated for R. Levi bringing a Torah Im Derekh Eretz perspective to those “outside of the Bais Hamedrash,” he chose ultimately not to advocate for this approach formally for the larger American Jewish community. He decided not to publish his endorsement for R. Levi’s book and not to establish a yeshiva high school or college based on the principles of Torah Im Derekh Eretz. Why was R. Hutner’s public position so drastically different from his personal one?

First, and perhaps most significant of all, was R. Aharon Kotler’s role in both the abandonment of the dual-curriculum college as well as the removal of the haskamah should not be underestimated. It is likely that the power and force of R. Kotler’s personality and his Torah-stature prevented R. Hutner from even entertaining the possibility of deviating from his position. Once R. Kotler made his position known, R. Hutner, despite his own view being more amenable to secular studies, was compelled to comply out of his deep respect for R. Kotler, or simply because it would be impossible to succeed at the communal level without his support.

Second, I believe in order to appreciate R. Hutner, one has to understand that in addition to being a talmid hakham, innovative thinker and Rosh Yeshiva, he was a pragmatic leader with an eye towards communal policy. I believe the reason for his choices not to move forward with an American Yeshiva College and not to publish his haskamah has much to do with R. Hutner’s vision for the development of the post-war American Jewish community. 

R. Hutner fully believed in the success of a new American Yeshiva community even when it was not at all obvious it would succeed. In America, the Conservative and Reform movements were seen by many as the way of the future. However, R. Hutner remained determined to create a strong and vibrant American Yeshiva community fully dedicated to greatness in Torah and mitzvos.[29] Although it would be an “American” Judaism, different from the European world from which he emerged, it would not be founded upon compromises. I believe this lay at the heart of R. Hutner’s ultimate opposition to a formal synthesis of Torah and secular studies. In R. Hutner’s mind, for the fledgling American Yeshiva community, a dual curriculum would be seen more as a compromise than an ideal.

As historian Zev Eleff has noted, much of the ideological battles in the American Orthodox community during the post-war years can be seen as a debate over what was “authentic Orthodoxy.” R. Hutner was determined to ensure that the newly forged post-war American Jewish community would be an authentic Judaism devoid of compromises. It is likely that in R. Hutner’s view, R. Hirsch’s program of Torah Im Derekh Eretz, although an admirable one, was perceived as more of a balancing act. Just as it was a legitimate and valiant attempt in Frankfurt to bridge the world of the Yeshiva and the outside world, so too in America, it was valuable for those “outside the walls of the Beis Hamidrash.” However, R. Hutner, not just a Rosh Yeshiva but a communal visionary, believed that in order to shape the future of the American Yeshiva community and achieve the creation of an “authentic Orthodoxy,”[30] the face of the community had to be authentically and exclusively Torah-based. If this is correct, unlike R. Ahron Kotler, R. Hutner’s endorsement of a “Torah-only” approach was less of his own personal view and more of a pragmatic vision of what he assessed would effectively capture the hearts and minds of the American Jewish community. 

It appears that history has come out in favor of this vision. Against all odds and all critics, the American Yeshiva community has continued to grow by leaps and bounds beyond anyone’s wildest dreams. Although the Jewish community is currently in a new era, with its own set of challenges and opportunities, the early growth of the Yeshiva community was vital for American Orthodoxy’s success. Although not a direct heir to the Hirschian Frankfurt educational model, the American Orthodox community has certainly benefited from yeshivas that embraced a dual curriculum model as well. As the American Orthodox Jewish community grew in the 20th century against all odds and predictions, it became clear that in the new world of America, more than one approach can prosper. 

Appendix

[1] For biographical information on R. Hutner see R. Dr. Hillel Goldberg, Between Berlin and Slobodka: Jewish Transition Figures From Eastern Europe (Ktav, 1989), pp. 63-87; “Zikhronos,” in R. Yosef Buxbaum (ed.) Sefer Hazikaron Limaran Baal Pahad Yitzhak (Gur Aryeh Institute for Advanced Jewish Scholarship, 1984), pp. 3-66 translated with additions by Rebbitzen Bruriah David and R. Shmuel Kirzner (ed.) An Inner Life: Perspectives on the Legacy of HaRav Yitzchok Hutner zt”l (Gur Aryeh Institute for Advanced Jewish Scholarship, 2024); Yaakov Elman, “Rav Yitzchok Hutner and the Meaning of Hanukkah,” Tablet (December 4, 2015). In Hebrew see Alon Shalev, “Orthodox Theology in the Age of Meaning: The Life and Works of Rabbi Isaac Hutner (Hebrew University Doctoral Dissertation, 2021); Uriel Benar, “Hatifaso shel harav Yitzhak Hutner Vishahruro,” Hamayan Gilyon 61:2, Tevet 5781(Machon Shelomo/Yeshivat Shalavim), pp. 31-47; Shlomo Kiserer, “Hateshuva Bihaguto Shel Harav Yitzhak Hutner,” (Bar Ilan University Doctoral Dissertation, 2008); Yisrael Besser, “Hamahapkhan,” Mishpacha (17 Kislev 5781).

Notwithstanding these works, generally, there has been little biographical material published on R. Hutner. Some may suggest the reason for this is R. Hutner’s general disapproval of biographies. R. Dovid Bashevkin notes in his “Letters of Love and Rebuke From Rav Yitzchok Hutner,” Tablet (October 9, 2016), that R. Hutner laments the often hagiographic nature of rabbinic biographies in an often quoted letter in Pahad Yitzhak, Igros Ukesavim, Letter no. 128 (Gur Aryeh Institute for Advanced Jewish Scholarship, 1981). However, there is evidence that R. Hutner did in fact greatly appreciate the genre of “gedolim biographies.” Zikhronos, p. 88 states, “[R. Hutner] chose [to study] not only complete periodical history, he also [studied] biographical works of the gedolim of the generations.” (translation is my own).

For more on R. Hutner’s groundbreaking work see Steven S. Schwarzschild, “An Introduction to the Thought of R. Isaac Hutner,” Modern Judaism 5:3 (1985), pp. 235-277; R. Dr. Hillel Goldberg, “Rabbi Isaac Hutner: A Synoptic Interpretive Biography,” Tradition 22 (Winter 1987), pp. 18-46; R. Dr. Yaakov Elman, “Autonomy And Its Discontents: A Meditation On Pahad Yitshak,” Tradition 47.2 (Summer 2014), pp. 7-40.
[2]
Between Berlin, p. 63.
[3]
William Helmreich, The World of the Yeshiva: An Intimate Portrait of Orthodox Jewry (Free Press, 1982), pp. 220-224.
[4]
Ibid., p. 35.
[5]
 Shmuel Avigdor, Mipihem Shel Raboseinu (Bnei Brak, 2007), pp. 458-459. [Hebrew]. The interviews were conducted on 15 Kislev 5725 and 23 Shevat 5727. Translation is my own.
[6]
 Helmreich, p. 234. Interview conducted on July 9, 1978. It can be noted that although the students at Yeshiva Rabbi Chaim Berlin did have secular coursework as part of their high school curriculum, when R. Hutner had the opportunity to found his own yeshiva in Jerusalem, Israel, Yeshivas Pahad Yitzhak, to my knowledge, he never implemented any form of secular studies into the students’ curriculum. However, this may not be completely indicative of R. Hutner’s worldview as much as a practical consideration. The implementation of a dual curriculum in Eretz Yisrael was historically more contentious than in the United States. For example see Yaacov Lupu, “Haredi Opposition to Haredi High-School Yeshivas,” The Floersheimer Institute For Policy Studies (2007) [Hebrew] and Christhard Hoffmann and Daniel R. Schwartz, “Early but Opposed — Supported but Late: Two Berlin Seminaries which Attempted to Move Abroad,” Leo Baeck Institute Year Book, 36 (1991), pp. 267-283.

It should be noted that of late, things are beginning to change on that front. See for example the work of Rabbi Yehoshua Pfeffer of the Iyun Institute (Herut Israel Liberty Center) and Rabbi Karmi Gross, Rosh Yeshiva of Yeshivat Derech Chaim to foster greater Haredi involvement in Israeli society which includes more openness to secular studies in Haredi yeshivas.
[7]
Between Berlin, p. 78.
[8]
 Ibid., p. 65.
[9]
 Dr. David Kranzler and R. Dovid Landseman, Rav Breuer: His Life and His Legacy (Feldheim, 1998), p. 135.
[10]
 The authors (Ibid.) note that R. Mendel Zaks and R. Aharon Kotler were opposed to the founding of the school.
[11]
 Helmreich, pp. 46-47. According to the charter application (Petition for American Theological University, pp. 1-10, prepared for The Regents of the University of the State of New York on March 30, 1946) the school would offer a basic liberal arts program “equal to that of other junior colleges chartered by the Regents. The petition also proposed to establish a number of graduate schools, for which a B.A. would be required.
[12] Dr. Shnayer Z. Leiman’s father.
[13] Helmreich, p. 50.
[14]
Pahad Yitzhak, Igros Ukesavim, Letter no. 94. Translation adapted from R. Dovid Bashevkin, “Letters of Love and Rebuke.”
[15]
 It should be noted that here R. Hutner uses the term “Torah Umelakhah” to describe a combination of Torah study and other occupations. This term connotes engagement with the secular from a more pragmatic and practical perspective.
[16]
Although the recipient of this letter is not named (as is the case with all of R. Hutner’s responsa in Igros Ukesavim), according to R. Moshe Lieber, it is R. Michoel Ber Weissmandl and the work, which was removed from the letter, was his Min Hameitzar.

Clear proof of this can be seen in Sefer Zikaron (p. 44) which makes explicit reference to a letter R. Hutner wrote to R. Weissmandl. Personal correspondence with Rabbi Moshe Lieber (May-June 2021). For more on R. Weissmandl and his historical role in rescuing Jews from the Holocaust see Avraham Fuchs, Karasi V’Ein Oneh (Jerusalem, 1983) translated in The Unheeded Cry (Artscroll/Mesorah, 1984).
[17]
 See Yehuda (Leo) Levi, “An Unpublished Responsum on Secular Studies,” Proceedings of the Association of Orthodox Jewish Scientists 1, pp. 106-112. These four responsa were reprinted by Levi in his “Shetei Teshuvos Al Limud chokhmos chizoniyos,” Ha-Ma’ayan 16:3 (1976), pp. 11-16, and in his Sha’arei Talmud Torah (Jerusalem, 1981), pp. 296-301 and in Ha-Pardes 64:8 (May 1990): pp. 9-12. For more see Jacob J. Schacter, “Torah u-Madda Revisited: The Editor’s Introduction,” The Torah Umadda Journal 1 (1989): pp. 1-2, and nn 1-3.
[18]
There are some discrepancies between the different publications of these letters. See Marc B. Shapiro, Between The Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg (Littman Library, 1999), p. 152n77; Yehuda (Leo) Levi, “Rabbi Samson Raphael Hirsch-Myth and Fact,” Tradition: A Journal of Orthodox Jewish Thought, Vol. 31, no. 3 (Spring 1997), 11; Marc B. Shapiro, “Torah im Derekh Erez in the Shadow of Hitler,” Torah Umadda Journal, Vol. 14, (2006-2007), pp. 85-86,95; my “Hirschian Humanism after the Holocaust,” Seforim Blog (April 2021), footnote 15.
[19]
 In this work, he refers to some of these gedolim’s statements although without noting the context in which these statements were made. It is unclear if the author was aware of the backstory of these letters at the time he published this work in 1959. See Leo Levi, Vistas From Mount Moria: A Scientist Views Judaism and the World (Gur Aryeh Institute for Advanced Jewish Scholarship, 1959), p. 94.
[20]
Haskamos are available here:

על הספר שערי תלמוד תורה לר”י לוי <פתיחות לדעות שונות> – פורום אוצר החכמה (otzar.org). There appears to be some changes made to R. Pinchas Menachem Alter’s haskamah. See below for the original which shows clearly that some text was removed from the printed version.
על הספר שערי תלמוד תורה לר”י לוי <פתיחות לדעות שונות> – פורום אוצר החכמה (otzar.org).

To explain these discrepancies, Yossi Levi (Personal correspondence, May 6, 2024) shared with me that in Yehuda Levi’s (father) archive there exists a correspondence between his father and R. Alter in which R. Alter accepts R. Levi’s comment that his position is more clearly reflected in haskamah that was printed and not the initial written version.
[21]
Yehuda Levi, Torah Study: A Survey of Classic Sources on Timely Issues (Feldheim, 1990), p. xxix. This is not the first time R. Hutner was associated with a missing haskamah. See R. Eitam Henkin, “Eiduto shel Harav Hutner Odot Harayah Kook Vihauniversitah Haivrit,” Hamayan 53:3 (Nisan 5773), pp. 61-69 translated in R. Eitam Henkin, Studies in Halakhah and Rabbinic History, (Maggid, 2021) p. 316n16 who notes that Toras Hanazir, R. Hutner’s first work printed in 1936, was subsequently published a number of times missing the haskamah of R. Avraham Yitzhak Kook.
[22]
 Although he did not write a haskamah which appears in the book, R. Shimon Schwab wrote a very positive review of Shaarei Talmud Torah in which he states it is “a most remarkable work, to say the least. It combines erudition, scholarship, and great reverence for Torah and Gedoley Torah… It would be a great service to the English-speaking public to have this Sefer translated as soon as possible. See R. Shimon Schwab, Mitteilungen (Tishri/Kislev 5743), adapted from the back cover of Torah Study.
[23]
The Levi family has an oral tradition of descendancy from the Maharal (Personal Correspondence, Yosef Levi, July 15, 2024).
[24]
Yosef Levi believes that the name was penciled in by his father although a signature was clearly meant to be there. This claim is supported by the correction made in pencil (again, presumably made by the author) to R. Breuer’s haskamah.
[25]
 Shnayer Z. Leiman, “Rabbinic Openness to General Culture,” in Jacob J. Schacter, ed., Judaism’s Encounter with Other Cultures – Rejection or Integration? (Maggid, 2017), pp. 234-248.
[26] R.
Samson Raphael Hirsch, The Pentateuch, Genesis 3:24.
[27] Yosef Levi (Email correspondence, May 6, 2024).
[28]
Yosef Levi shared that he was told this by his father.
[29] See his “Our Attitude Toward Public Opinion,” Jewish Observer 6 (March 1970): 11-13 where he advocates for a confident “Torah-conscious Jew” who rises above the sway of public opinion.[30] Zev Eleff, Authentically Orthodox (Wayne State University Press, 2020).




Book Announcement: New edition of the Seder Hadorot

Book Announcement: New edition of the Seder Hadorot

By Eliezer Brodt

ר’ יחיאל היילפרין, סדר הדורות, מאנסי תשפא, חלק שני: סדר התנאים והאמוראים, ב’ חלקים, [אות א, 820 עמ’\ אותיות ב-ט, 717 עמ’]

 

 

This post serves a dual purpose; first, to describe in some detail a new edition of a very important work: Seder Hadorot, and thus make the Seforim Blog readership aware of its recent publication. The second purpose of this post is to make this sefer available for purchase to those interested. Part of the proceeds will be going to support the efforts of the Seforim Blog. The seforim are also available for purchase at Mizrahi Books [here]. Contact me at Eliezerbrodt@gmail.com for more information about purchasing it or for sample pages of this new work.

The study of Jewish history for itself, as well noting those who pursued this study are very important topics and IY”H I hope to write about it at length. One of the classic works of Jewish history printed in the past few hundred years is the Seder Hadorot, authored by Rabbi Yechiel Halperin, Av Beis Din of Minsk (1660–1742). Seder Hadorot was first printed in 1769, after the author’s passing, by his grandson and included many Haskamot of Gedolim of the time. Since then, the work has been reprinted numerous times and, as a very authoritative work on the subject, has been quoted thousands of times.

Many sources which made use of this work also cast bright light upon the author’s prodigiousness. One such source can be found in a fascinating piece at the end of R’ Pinchas of Poletsk’s Droshot:

קורות הזמן כאשר יעדתי גלל כן כתבתי בקצרה את חכמי הזמן שנתגלה אורם בהתחלת ימי וקודם מעט כמו עשר שנים, והיה דור דעה ויצאו לדפוס ונתפזרו בישראל לתורה ולתועדה ולהוראה ולפלפול וחריפות, הראשון הרב הגדול הגאון ר’ יונתן מפראג שיצאו ספריו לאור עולם,… והרב הגאון הגדול בעל המחבר ס’ סדר הדורות, כאשר נודע בספריו הקדושים יצאו לאור עולם… [פעולתי השמיני, ב, עמ’ תצה-תצו]

We thus find R’ Halperin listed as one of the great Gedolim in a generation that had many giants.

One significant point of his work is, it demonstrates that R’ Halperin, one of the great Gedolim of his time, saw fit to invest much time on history, as a topic for itself and even stressed its importance in his lengthy introduction.

We find the work quoted by Gedolim already close to its printing; e.g., R’ Yosef Steinhart, in a teshuvah to his extraordinary brother-in-law R’ Yeshaya Berlin, wrote:

ואחר כותבי הדברי’ האלה בא לידי ספר נקרא סדר הדורות נדפס מחדש בשנת תקכ”ט עם הסכמה גם ממני וראיתי שם, בסדר תנאי’ ואמוראים … [שו”ת זכרון יוסף, סוף סי’ טו].

Perhaps one of the greatest comments about this work was by the Chida who wrote in his Shem Hagedolim:

סדר הדורות מהגאון מהר”ר יחיאל אב”ד דק”ק מינסק… ובחלק התנאים ואמוראים הן הראנו את כחו בתלמוד ועוצם בקיאותו דכל רז לא אנס ליה כאשר יסתכל המעיין… והרגיל בו יכיר גדולתו כי הבבלי והירושלמי והמדרשים כמאן דמונח בכיסתיה, והקדמתו הארוכה והנוראה ותקוני הש”ס שאחריה וחלק התנאים והאמוראים מבהילים את הרעיון מראות נפלאות ופלאי פלאות בקיאותו וחפ”ש מחופש בכלהו ספרי דבי רב אשר היו עמו במחיצתו [שם הגדולים, מערכת ספרים, אות ס [ח] סדר הדורות]

This particularly powerful description is all the more impressive when we consider the Chida‘s almost unrivaled expertise in history.

However, from the first printing of the work and onward numerous typos crept in and more and more were created over time with each subsequent printing. Another issue with the sefer is that many of the author’s abbreviations were misunderstood leading to erroneous readings. Additionally, many paragraphs were transposed or similarly garbled and all too often the author’s true intent was misunderstood, left cryptic or worse.

In 1878-1882, R’ Naftoli Maskeleison published an edited edition of Seder Hadorot, in an attempt to correct these major issues, after having spent twenty years working on the project. This edition received many impressive Haskamot.

The original work of the Seder Hadorot contains three sections:

סדר ימות עולם סדר הדורות; תולדות אישים ומאורעות מאז בריאת העולם ועד סמוך לדורו של המחבר

סדר התנאים ואמוראים; תולדות התנאים והאמוראים

שמות בעלי מחברים וכל הספרים בערך א”ב מסודרים. מדור מיוחד למחברים ומדור מיוחד לספרים

Now, after close to two decades of work, a new version of the Seder Hadorot was recently released by Rabbi Yeshaya Miller and Rabbi Yitzchok Hager of Monsey, New York. The two volumes just published are just the beginning of the lengthy, encyclopedic work, covering the Seder Hatannaim V’amoraim section, letters Aleph (820 pp.) and Beis-Tes (717 pp.).

This section of the Seder Hadorot is the most important and original part of the work, and where the author’s intellectual prowess is clearly displayed, as highlighted by the Chida’s remarks (quoted above). Hence the editors’ decision to begin the printing of their edition of the work from this section, hoping IYH to continue on to the rest of the work. [The rest of the work is finished they are just working on preparing it for print].

With regard to this section’s importance, it’s worth quoting the Shoel Umeshiv‘s Haskamah to the Dikdukei Soferim:

מו”ה רפאל… ועמד על כל אות ואות מה שנמצא מכפי הדפוסים אשר נמצאו בידינו… כי הוא יהיה לנו לעינים לעמוד על עומק כוונת הש”ס על פי הגרסות החדשות הנמצאות שם גם בחלוף שמות התנאים והאמוראים ומואד שמח לבי בזה… והתועליות הגדולות אשר יצאו מזה אם בשמות התנאים והאמוראים אשר נמצאו בהשינוים וכבר האריך בזה… בעל הסדר הדורות בהקדמתו והגאון מהרי”ב ולבי אומר לי אם היו רואים השינוים האלה הנמצאים בכ”י וראשונים היה שמחים לקראתם

Many years ago, during one of my first meetings with R’ Shmuel Ashkenazi z”l, the Seder Hadorot came up. He asked me if I knew someone named Yeshaya Miller from Monsey who had been working on the sefer. At the time, R’ Ashkenazi was very excited about this and eagerly awaited its publication.

R’ Shmuel Ashkenazi wrote in a Letter to the Editors of this edition:

זה לי רבות בשנים יחלתי למהדורה מתוקנת של סדר הדורות. ואולם נער הייתי גם זקנתי ולא ראיתי מי שיקבל על עצמו את העבודה הקשה הזאת. והנה שמחתני בפעלך ובצפיתי אצפה לחזות בנועם הופעת ח”א בעגלה ובז”ק כשהוא מתוקן ומקובל [אגרות שמואל, ג, עמ’ 1588]

A few weeks ago, I received several copies of this new edition. I began going through the edition and was simply blown away by the editor’s tremendous investment and efforts in producing a stunningly masterful critical edition of Seder Hadorot. I elaborate:

The editor’s state:

הגהה מדויקת על פי דפו”ר, קארלסרוא תקכט; חלוקת הקטעים; כותרות קצרות לפני כל ענין; השוואה לכת”י רבינו המחבר שרשם בגליוני ספר יוחסין; בדיקת כל מקור בספרי דפוס וכת”י בדקדוק רב; השלמת אלפי ציונים; העתקת לשונות הספרים שצויינו בספר

Simply put, they invested years upon years in checking and double checking every source mentioned; literally every word was examined and researched to understand the author’s intent. This was accomplished by consulting early editions of R’ Halperin’s sources thus verifying his readings and comments. Many of these sources were extremely rare, however the editors spared no effort or cost in tracking down each and every source, thus enabling them to better understand each comment.

The following excerpt, sampled from just one footnote serves to give us a small glimpse of the prodigious amount of effort invested into this editorial endeavor:

אבוה דשמואל ולי עיילי לבית הכנסת. דשף ויתיב בנהרדעא והתפללו שם (ראש השנה כד ב, עבודה זרה, מג ב) כתב מסעות בנימן בעיר שפיתה בית הכנסת שנבנה מאבנים ועפר ירושלים

שפיתה. לא ידוע לנו מאיזה דפוס העתיק רבינו את הכתיב “שפיתה”. בדפוסי קושטא שג, פרייבורג שמג, ליידן שצג (שני הדפוסים), אמשטרדם תנא: “שפיתיב” (וכן העתיק בוקסטורף בספרו ‘טיבריאס’, באזל 1620, עמ’ 25). במסעות ר’ בנימין דפוס פיררא שיו: “שיפיתיב”. ובדפוס אמשטרדם תנח: “שפי’ תיב”. על הכתיב “שפיתיב”, במקום “שף יתיב”, ראה: המגיד שנה כא חוברת 25 עמ’ 237; ירחון הכרמל שנה ד עמ’ 274; מקור ברוך לר”ב עפשטיין חלק ג דף תשלה ע”א-ע”ב

בית הכנסת “דשף ויתיב” נבנה מאבני ירושלים ועפרה על ידי יכניה ואנשי גלותו, כמו שכתוב – בנוסחאות שונות – באגרת רב שרירא גאון עמ’ 62-61; תשובת רב האי גאון, בתוך: תשובות הגאונים – שערי תשובה סי’ עא; ערוך ערך שף השני; רש”י ראש השנה כד ב ד”ה דשף, ועבודה זרה מג ב ד”ה דשף; ספר התרומה הלכות ארץ ישראל; כפתור ופרח פרק י, חלק א עמ’ רלג, ועוד

מסורות שונות בנוגע למקום בית הכנסת זה וקורותיו, מובאות בסבוב העולם לר’ פתחיה (אוצר מסעות עמ’ 52); שו”ת הרשב”א חלק ח סי’ ד; שו”ת צדקה ומשפט הקדמת ר’ עזרא ראובן דנגור; עלי תמר זרעים ב עמ’ע

While working on this edition they discovered R’ Halperin’s personal copy of Sefer Yuchasin by R’ Avraham Zaccuto, which he used and even wrote numerous glosses along the margins, thus enabling R’ Miller and R’ Hager to further decipher many previously cryptic passages in Seder Hadorot. All of R’ Halperin’s glossa are included in the notes of this edition.

However, the editors did not simply content themselves with referencing R’ Halperin’s sources; wherever possible but further searched after the first edition of every source mentioned in Seder Hadorot — and in many cases, even the manuscript copies. This was done to avoid relying solely upon possible mistaken information R’ Halperin may have been exposed to, due to errata introduced in subsequent printings of his sources.

Other important additions to this new edition are: punctation to enhance readability; the creation of title and section headings to each entry, thus dividing the contents into material that can be easily and expediently perused; graphically differentiating between R’ Halperin’s comments and his base text, Sefer Yuchasin, by varying the fonts used. This last point is quite crucial; R’ Halperin quotes Sefer Yuchasin extensively, all the while interspersing his own thoughts and comments and differentiating between the two authors enables the reader to better comprehend the Seder Hadorot. Finally, I must note that the typesetting is beautifully done and makes reading the work an absolute pleasure.

The new edition includes a section titled: Likutei He’aros. In the editors’ words:

לקוטי הערות: אלפי הערות שנלקטו מפי ספרים וספרים, הנושאים ונותנים בדברי רבינו המחבר, מהן שהיו עד עתה בכת”י ומהן שכבר נדפסו; מופיעות כאן לראשונה הערות מכת”י החיד”א, בעל שער בת רבים הגה”ק משימאני, בעל איתן אריה, בעל אפרקסתא דעניא, מרן הגרח”ק, ורבים אחרים

Many Gedolim and scholars have commented on this work since it was first printed. In this section, literally thousands of comments and additions from numerous manuscripts and printed works were collected and printed in a very organized manner.

A third section of this edition is Meluiyim:

מילואים: הרחבת דברים במקומות שראינו צורך לתת השלמה, בירור נוסף ועיון מעמיק לענינים הנידונים בספר ובלקוטי הערות; בירורי גירסאות רבות על פי עדי נוסח קדומים; הצעת דעות, פירושים והערות שונות לכל הקשור לעניני הספר; העתקים לשונות ארוכים שלה הכילם הגליון בפנים

This section is devoted to lengthier pieces devoted to elaborating upon particular passages in Seder Hadorot. The research invested in this section is simply incredible; no stone was left unturned.

One example of this: Seder Hadorot lists three hundred and thirty mentions of ר’ אליעזר הגדול in the Mishnah. In their almost ten-page elaboration of this in this section, the editors examine each of these mentions. This is extremely valuable to scholar and researcher alike, as many passages are attributed to ר’ אלעזר בן שמוע.

In conclusion: this outstanding new edition of this incomparable work is truly masterful and I eagerly await the completion of this set.




Yom Tov Sheni and the Customs With Regard to Travelers

Yom Tov Sheni and the Customs With Regard to Travelers
By J. Jean Ajdler
J. Jean Ajdler of Brussels, Belgium, is a civil and structural engineer. He has published articles about medieval Jewish astronomy, the history of the Jewish calendar, and Talmudic metrology, and is the author of Hilkhot Kiddush ha-Hodesh al-pi ha-Rambam (Jerusalem: Sifriati, 1996).
This is his first contribution to the Seforim blog.
Abstract: In ancient times the customs of the communities were extremely variable the one from the other. Each community had its own customs and it was very jealous of them. Therefore very precise rules ensured the equilibrium between them at the level of the travelers between these communities. The introduction of the printing with the publication of the Shulhan Arukh in the sixteenth century constituted the globalization of the Jewish society and contributed to the standardization of the Jewish rules and customs and the progressive disappearing of the local minhagim. However one great difference between Israel and the Diaspora survived; Israel keeps only one festival day while the Diaspora keeps two festival days. It is today the greatest difference of custom still extant and the dramatic increase of travel has given more acuteness to the problem. The aim of this article is the examination of the rules of priority of the customs in general, and that of the second festival day in particular, at the level of the travelers. We first examine the general problem of the minhagim: we examine the Talmudic sources and their understanding and the consecutive rulings. We acknowledge a great confusion in the understanding of the reference texts and a great diversity in the rulings.
Afterwards we examine the problem of the second festival days with regard to the travelers. In the case of the travelers from Israel to the Diaspora the divergences remain restricted. The Israelis traveling abroad do not keep two festival days but they may not distinguish themselves from the local Jews. The problems still today under discussion are whether the Israelis traveling abroad are allowed to perform work secretly, how they should behave outside a Jewish settlement, how long and under which conditions they can take advantage of their quality of Israelis. As for the travelers from the Diaspora to Israel, It seems even likely that the problem was not grappled with in the Talmud. There is a great confusion among the rulers: the overwhelming majority ruled that the travelers behave completely like in the Diaspora, some ruled that the travelers behave completely like Israelis and some ruled that they should adopt the severity of the two first opinions. We show that the first opinion has also weak points and is not better justified than the two others so that the problem remains theoretically open.
I. Introduction.
Yom Tov sheni shel Galluyyot was definitively instituted in about 325 when the Palestinian rabbis, probably under the leadership of Rabbi Yosi, began to send to Egypt and Babylonia, in advance, the data of the coming year. But at the same time, they invited them to go on keeping two festival days, in order to be able to react in the case of a disruption of the communication of the calendar data. There is much discussion in the rabbinic literature about the status of the second festival day. According to one opinion, the second festival day has the status of a minhag i.e. a custom. It is even an important minhag;[1] the violator of the second festival day is punished by beating or excommunication by contrast with the violator of a plain minhag.
The institution of the second festival day is characterized by the recitation of the Hallel and of all the benedictions, including the Sheheheyanu, exactly as on the first festival day, although one does generally not recite a benediction on a minhag.[2]
According to a second opinion the observance of the second festival day is the result of a takana obliging us to go on keeping the second festival day as if we were still doubting, as it was the case when the Babylonians did not yet know the fixing of the month.
However the application and extension clauses of the second festival day seem to work like a minhag.
If we paraphrase R’ Solomon Meiri, we can say that yom tov sheni shel galluyyot is a
מנהג דרך תקנה, it is a minhag which was introduced through a formal takana, in other words it is a minhag which was upgraded to the status of a takana. The takana is thus to go on keeping the former minhag.
The difficulty of giving a precise juridical status to the second festival day is probably the origin of the great confusion existing in the application of the rules of the second festival day by the travelers between Israel and the Diaspora and vice versa.
This confusion is still increased by the divergences between the rulers about the laws of the observance of the minhag by the travelers. If it were a pure takana to keep a second festival day outside of Israel, then the observance of this second day would depend only on the geographical localization of the person. As mentioned above the rules of yom tov sheni work also like a minhag and its obligations, as for a minhag, seem more to be “personal obligations” or חובת גברא which follow the travelers in their travels through the customs.
A third element could interfere with the issue. The takana instituting the second festival day was sent to Babylonia and was accompanied by a justificatory message. Indeed we find in the next quotation from B. Beitsah 4b:
והשתא דידעינן בקביע דירחא מאי טעמא עבדינן תרי יומי, דשלחו מתם, הזהרו במנהג אבותיכם בידכם, זמנין דגזרו המלכות גזירה ואתי לאקלקולי.
And now, when we know the fixing of the moon, why are we observing two festival days? Because they sent from Palestine the following order: be careful to maintain the practice of your late parents. It could once happen that the authority enacts [unfair] laws [again the Jews] and you could be wrong [if you observe only one day].
It is thus possible that this message was intended for people living abroad exclusively while people traveling from Babylonia to Israel were perhaps excluded from the beginning on. Indeed there was no danger of disruption of the communications and the information about the calendar for people traveling in Israel. It is thus not certain at all that the takana instituting the second festival day was intended for those people traveling to Israel and staying temporarily during the festival.[3]
Finally it must be noted that the rabbinic thought was much influences by the position of Maimonides’ ruling that the obligation of keeping two festival days does not depend on the distance from Jerusalem nor from the position of the place in Israel or abroad but it depends only on the exact situation which prevailed at the examined place at the time of the messengers, whether the messengers came along at this place or not. According to Maimonides and some other authorities, in most modern settlements in Israel one should keep two festival days. Therefore, according to these authorities, the obligation of keeping two festival days is not restricted to the Diaspora.
We know also from R’ Estori ha-Farhi (Kaftor va-Ferah chap. 51) that during the fourteenth century the rule was according to Maimonides and therefore they kept two festival days in Ramla but in the neighboring Lod they kept only one festival day.
In B. Pesahim 51b the travel of Rav Safra from Israel to Babylonia was detailed directly after the study of the problem of the traveler between two places having different minhagim. Visibly the Talmud considers that there is a profound analogy between keeping the second festival when traveling from Israel to Babylonia and traveling from a town where they do work on the morning of the 14th of Nissan to a place where they don’t. By contrast we don’t find in the Talmud any evidence about the converse situation of a traveler coming from abroad to Israel. However the overwhelming majority of the rulers considered that the problem of the keeping of the second festival day by the travelers between Israel and the Diaspora and vice versa must be deduced from the rules applicable to the travelers between two towns with different positions about the minhag of working on the morning of the 14th of Nissan. Therefore, in a first stage we will examine thoroughly how the traveler must behave with regard of the minhag during his travels.
II. The Minhag and the Travelers.
A. Talmudic references.
The problem of the minhag and the travelers is raised in many quotations in the Talmud.
1. Mishna Pesahim IV: 1.
Where it is the custom to do work on the eve of Passover until midday [like in the Province of Judah], one may do [work]; where it is the custom not to do [work, like in the Province of Galil], one may not do [work]. He who goes from a place where they work to a place where they do not work, or from a place where they do not work to a place where they do work, we lay upon him the restrictions of the place from where he departed and the restrictions of the place where he has gone; and a man must not act differently [from local custom] on account of the quarrels [which would ensue]
2. B. Pesahim 51a.
When Rabbah bar Bar Hannah came [from Palestine to Babylonia] he ate of the stomach fat. Now Rav Awira the Elder and Rabbah son of Rav Huna visited him; as soon as he saw them he covered it [the fat] from them. When they narrated it to Abaye he said to them “he has treated you as Cutheans.” But does not Rabbah bar Bar Hannah agree with what we learned: “we lay upon him the restrictions of the place from where he departed and the restrictions of the place where he has gone”?
Said Abaye: That is only [when he goes] from [one town] in Babylonia to [another] in Babylonia, or from [a town] in Palestine to [another in] Palestine, or from [a town in Babylonia to [another in] Palestine; but not [when he goes] from a place in Palestine to [another] in Babylonia, [for] since we submit to them [and accept their jurisdiction] we do as they. Rav Ashi said: you may even say [that this holds good when a man goes] from Palestine to Babylonia; this is however where it is not his intention to return, but Rabbah bar Bar Hannah had the intention of returning.
3. B. Pesahim 51b.
Rav Safra said to Rabbi Abba: for instance I, who know the fixing of the month, in inhabitated places I do not work [when I happen to be in Babylonia] because it is a change [which would lead to] strife. How is it in the wilderness? – Said he to him: thus did Rabbi Ammi say: in inhabited regions [of Babylonia] it is forbidden; in the desert it is permitted.[4]
4. B. Hulin 18b.
When Rabbi Zeira went up [to Palestine] he ate there an animal [which was slaughtered in that part of the throat] which was regarded as a deflection by Rav and Samuel.
But does not Rabbi Zeira accept the rule: [when a person arrives in a town] he must adopt the restrictions of the place which he has left and also the restrictions of the place he has entered? – This rule applies only when one travels from town to town in Babylonia or from town to town in the land of Israel, or from the land of Israel to Babylonia; but when one travels from Babylonia to the land of Israel, inasmuch as we are subject to their authority, we must adopt their customs. Rav Ashi said: you may even hold that the rule applies when one travels from Babylonia to the land of Israel, but only when this person intends to return. Rabbi Zera, however, had no intention to return to Babylonia.
5. B. Hulin 110a.
Rami bar Tamri, also known as Rami bar Dikuli, of Pumbeditha, once happened to be in Sura on the eve of the Day of Atonement. When the townspeople took all the udders [of the animals] and threw them away, he immediately went and collected them and ate them. He was then brought before Rav Hisda who said to him: why did you do it? He replied, “I come from the place of Rav Judah who permits it to be eaten.” Said Rav Hisda to him,” But do you not accept the rule: [when a person arrives in a town] he must adopt the restrictions of the town he has left and also the restrictions of the town he has entered.” He replied, “I ate them outside the [city’s] boundary.”
B. The Exegesis of the Mishna.
At the first glance the meaning of the Mishna is evident. There is however a great confusion in the understanding of this Mishna. The great difficulty results from the existence in the Mishna of divergent impositions: laying upon the traveler the restrictions of the place from where he departed and the restrictions of the place where he has gone.
The problem is to decide whether these two impositions must be considered separately, in different situations, whether the one or the other, but not both together or if they must be considered together because they play simultaneously. In this last contingency, we must find genuine situations where both impositions can work together.
1. The understanding of Maimonides (Rambam Hilkhot Yom Tov VIII: 20),[5] R’ Nissim Gerondi (Ran) (Rif Pesahim 17a: .רבה בר בר חנה), R’ Ovadiah of Bertinoro (commentary on Mishna Pesahim IV: 1) and R’ Isaac bar Sheshet Perfet (Ribash no. 44).
The Mishna speaks about a traveler who does not intend to settle and who will go back to his place of origin. We lay upon the traveler the restrictions of his place of origin when he goes from a place where they do not work to a place where they work. Conversely we lay upon the traveler the restrictions of the place where he has gone when he goes from a place where they do work to a place where they don’t. By contrast if the traveler intends to settle at the new place he adopts the customs of the new place whether these customs are more restrictive or less restrictive. As for the consideration about the necessity that a man must not act differently than the local customs, Abaye considers that this consideration is related to the first case, when the traveler goes from a place where they do work to a place where they do not in order to avoid disputes. By contrast when the traveler goes from a place where they do not work to a place where they do, he really singularizes himself by not working. Rava said that this consideration can also apply to the second case, when the traveler walks from a place where they do not work to a place where they work. Indeed when a tourist walks and does not work and even if the countrymen walk and do not work it is not a singularity.[6] According to this explanation the two contradictory impositions do not work together, they work separately in different situations.
2. The understanding of Tossafot (B. Pesahim 51a רבה בר בר חנה and B. Hulin 18b הני מילי.), Tur (Orah Hayim 468:4) and R’ Jonathan ha-Kohen of Lunel (Rashba I:337).
The Mishna must be considered as taught in different cases:[7]
n When the traveler does not intend to settle and will go back home, we lay upon him the restrictions of the place from where he departed.
n When the traveler intends to settle at the new place, we lay upon him the restrictions of the place where he has gone.
3. The Provencal understanding (Meiri [Beit ha-Bekhira on B. Hulin 18b and on B. Pesahim 51a and b], Kolbo [end of the laws of Hamets and Matsah] and Orhot Hayim) or the introduction of an intermediate case.
n When the traveler intends to settle at the new place, we lay upon him the restrictions of the place where he has gone.
n When the traveler intends to go back home immediately,[8] he behaves according to the customs of the place from where he departed. But he is not allowed to behave according to the less restrictive customs of the place from where he departed before people who are not scholars.
n When the traveler intends to go back home later,[9] then he must behave according to the restrictions of both places; the place from where he departed and the place where he is now staying temporarily.
Meiri writes that this is his opinion and this was also the ruling of his teachers. He found afterwards that Rabad referred to this explanation. He writes also that there are other explanations and even reasoning that the right mind cannot endure.
Thus the Mishna, which speaks of both the restrictions of the place from where the traveler departed and the place where the travelers stays provisory, corresponds to the case of a traveler who intends to go back home after a certain delay (according to Meiri: thirty days). This explanation allows solving the apparent contradiction between Rav Ashi in the quotations 2 and 4. In quotation 2, Rav Ashi understands that the Mishna refers to a case when the traveler does not intend to return home. In quotation 4, Rav Ashi understands that the Mishna refers to a case when the traveler does intend to return home. In fact in both cases the traveler intends to go back home later, after a delay (of more than thirty days). In quotation 2 this situation is considered as if he does not intend to go back home with regard of going back home immediately. In quotation 4, the same situation, going back home after thirty days, is considered as intending to go back home with regard of settling in the new place.
4. There are other explanations of the Mishna but these explanations consider particular situations like going from a place in Babylonia to a place in Palestine or vice versa. These solutions seem farfetched because the Mishna seems to be general and not restricted to very special cases.[10]
C. The ruling of Maimonides (Hilkhot Yom Tov VIII: 20).
The ruling of Maimonides has been at the origin of many discussions about its true meaning.
He who goes from a place where they work to a place where they do not work should not work in a Jewish settlement because of the fear of quarrels but he is allowed to work in the desert. He who goes from a place where they do not work to a place where they do work should not work. We lay upon him the restrictions of the place from where he departed and the restrictions of the place where he has gone. However he should not appear in front of them as if he is idle because of the interdiction to work. A man must never act differently [from local custom] on account of the quarrels [which would ensue].
And similarly he who intends to come back to his place of departure, behaves according to the customs of his place, whether they are more or less severe than the local customs, yet at the condition that he does not do it in front of the local people on account of the quarrels.
This passage is constituted by two different parts. The first part is the transcription of the Mishna Pesahim IV:1[11] slightly adapted by the introduction of the concepts of settlement and desert which correspond to the influence of the passage about the query of Rav Safra in B. Pesahim. The second part seems similar but it presents differences. The two parts are connected by a coordination conjunction וכן מי that we translated by “and similarly.” The challenge is to explain these two passages and their coordination in the respect of all the Talmudic quotations.
This coordination conjunction means at the first glance “and similarly he who…” But its meaning was fiercely disputed. The use of a computer program shows that Maimonides used this conjunctionוכן מי 62 times in the Hibbur. It is used to connect two passages when the second corresponds to a case leading to a similar, but not necessarily identical, conclusion as in the first passage. He used also וכן כל מי three times but the first passage begins one time also by כל. Anyhow the two expressions seem to have the same signification. When there is no similitude but a real opposition between the two cases Maimonides uses the conjunction אבל מי (36 times in the Hibbur). Therefore the plain explanation of this quotation is to consider that both passages are parallel and deal with the case of the traveler who intends coming back home and not settling in the new place.
1. The Plain Understanding:
In the first passage we deal with working on the morning of the 14th of Nissan. Apparently working is a special activity that cannot be performed discretely and therefore it is absolutely forbidden. The second passage deals with other customs in general which can be hidden and performed discretely. The difficulty is that Maimonides must choose between the two contradictory statements of Rav Ashi; he accepts the statement of Rav Ashi in B. Hulin 18b that the Mishna refers to a traveler who wants to go back to the place from where he came and, although he rules like Rabba bar Bar Hanna he must reject the statement of Rav Ashi in B. Pesahim 51a; this remains also a difficulty. (Maimonides rules like Rabba bar Bar Hanna but rejecting the answer of Rav Ashi, he has no answer to the objection of the Talmud.) The great commentator R’ Nissim on Rif (Rif 17b entry רבה), and R’ Isaac bar Sheshet (Teshuvot, no. 44) understood the Talmudic passages according to this understanding, giving precedence to the statement of Rav Ashi in Hulin 18b. Among later authorities Magen Avraham, Ba’er Heitev, Be’er ha-Gola and Mishna Berura adopted the same understanding of this quotation of Maimonides, recopied in Shulhan Arukh, Orah Hayim 468:4.
2. The Second Understanding:
A second understanding, at the first glance surprising, is to consider that the first passage and, necessarily, the Mishna deals with someone who will settle in the new place and not come back. By contrast the second passage deals with a traveler who will come back to the place from where he came. The consequences of this understanding are surprising and moreover not accepted by the halakha. Indeed, according to the first passage people settling in a new place must behold the customs of their place of origin all their life.[12] A consequence of this ruling would be that people coming from the Diaspora and settling in Israel would be obliged to go on keeping two festival days all their life. Conversely people coming from Israel with the intention to settle abroad would be allowed to perform work on the second festival day before reaching a Jewish settlement.[13]
This understanding was first championed by the Maggid Mishneh who considered that the first passage correspond to the case when the traveler wants to settle without the intention to come back. He must give the precedence to the statement of Rav Ashi in Pesahim 51a and reject the statement of Rav Ashi in Hulin 18b. This position was followed by Gra, Hok Yakov, Shakh (on Yoreh Deah 214) and Peri Hadash in their commentaries of Maimonides’ quotation in Shulhan Arukh Orah Hayim 468:4.
D. The ruling of Meiri, Orhot Hayim and Kolbo.
Their ruling is consistent with the Provencal understanding explained above, introducing a third intermediate case. It is important because it was influential. R’ David ibn Abi Zimra ruled according to this opinion in a responsum (Radvaz IV: 73 also called no. 1145) about the travelers from Palestine to Egypt.[14] It was for him the only manner to solve the contradiction between the two statements of Rav Ashi in B. Hulin 18b and B. Pesahim 51a.
In this responsum Radvaz distinguished three cases:
n Going back immediately.
n Going back later.
n Settling definitively.
R’ Joseh Karo copied this ruling of Orhot Hayim in Beit Yoseph (Tur Orah Hayim 496) and abridged it Shulhan Arukh, Orah Hayim 496:3.
E. The Ruling of Tur.
His ruling is consistent with the ruling of Maimonides according to its plain understanding (opinion 1).
F. The Ruling of R’ Yoseph Karo in Shulhan Arukh.
Shulhan Arukh raised the issue at four different places.[15] Of special interest is the ruling of Orah Hayim 468:4, where he recopied the text of Maimonides (Hilkhot Yom Tov VIII:20, mentioned above), which seems to contradict the other rulings and more specifically Orah Hayim 496:3. It is accepted that the ruling of O.H. 468:4 is an abridged version of the original text of Orhot Hayim. We are dealing in this chapter with working on the morning of the 14th of Nisan and therefore the abridgment of the text of Orhot Hayim makes sense because it is forbidden to perform work whether the travelers comes back immediately or later. Therefore the text mentions only two cases, settling in the new place or going back to the first place without making the difference between going back immediately or later. But finally he never mentioned clearly in Shulhan Arukh the existence of three cases so that the doubt subsists about his definitive ruling; does he rule like Orhot Hayim, which he copied in Beit Yoseph O.H. 496 or does he rule like Tur and Maimonides (opinion 1)? Similarly the commentators differed about the meaning of the ruling of Orah Hayim 468:4 where he copied Maimonides.[16]
Anyhow the position of R’ Karo in Shulhan Arukh is problematic because he quoted two contradictory passages of two different authors.[17]
III. The Second Festival Day and the Traveler Going from Palestine to the Babylonia:
The quotation in B. Pesahim 51a about Rav Safra is generally considered as referring to his travel from Palestine to Babylonia. This is indeed the only plausible manner to understand how Rav Safra knew the fixing of the month before undertaking his travel.[18] Furthermore he asked his query to Rabbi Abba, a Palestinian Amora; this could only be before his undertaking of a travel to Babylonia.
There is a great unanimity between the rulers that in the direction Palestine-Diaspora, the obligation of keeping the second festival day is a personal obligation. Therefore Palestinians traveling to the Diaspora are not subjected to the obligation of the second festival day. However they are forbidden to perform work[19] on the second festival day when they are in a Jewish settlement. Outside of the techum around the town of this Jewish settlement they are allowed to perform work.[20]
Nowadays the dramatic increase of the travels is the cause of new responsa about the behavior of Israelis abroad. Because of the modern social conditions, with Israelis on mission abroad for one or even many years can prevail themselves of their status of Israelis, the tendency is to lengthen the delay allowing to prevail of the status of Israelis and even to be lenient about the interdiction of performing work discretely. However the rulers do not put at all the emphasis on the absolute necessity for Israelis abroad to behave officially as if they kept two festival days, as it is strictly required by the halakha. In weak communities, where a part of the attendance of the festival office is composed by Israelis (teachers and member of the Israeli mission), their absence at the offices on the second festival day is a very detrimental singularity. The danger is not anymore a possibility of dispute; it is the whole institution of Yom Tov Sheni which they endanger.
IV. The Second Day Festival and the Traveler Going from Babylonia to Palestine:
It is generally considered that this case was not considered in the Talmud and therefore we have not a model case which could allow solving the problem from the first source. However two important Rishonim have understood that the passage about the travel of Rav Safra in B. Pesahim 51a refers to a travel from Babylonia to Palestine.[21]
A. Foreigners Traveling to Israel Behave as in the Diaspora and keep two festival days.
The overwhelming majority of the rabbis compared the problem of the second festival day by the visitors of the Diaspora traveling in Israel to that of the observance of divergent minhagim between two different places. In responsa Yabi’a Omer VI: 40, we find an exhaustive enumeration of the main rulers championing this opinion. This approach considers that the foreigners keep two festival days abroad while Israelis keep one festival day in Israel. The case of the foreigners on a visit to Israel is solved according to the rules of the precedence of the minhagim. In other words, it seems that this particular problem had not been solved by the order sent from Israel to the Diaspora to go on keeping two festival days. In fact this comparison is strange because the status of the second festival day is certainly higher than a minhag like working on the morning of the 14th of Nissan, it seems more comparable to working on the same day after noon. Furthermore, if the behavior of the foreigners on a visit in Israel is regulated by the rule of the precedence of the minhagim, of rabbinic order, we can object that the positive obligation of tefilin of Torah order should have the precedence on this rule of rabbinic order.[22]
Therefore the responsum written on this issue by R’ Moses Feinstein shows originality and distinguishes itself from the others. He accepts the principle that during the period of the observation calendar, a foreigner visiting in Palestine had no doubt any more in the whole Diaspora about the true festival day and kept only one festival day. Now he says, after the institution of the second festival day, we have no more any doubt about the true festival day and we must however keep the second festival day although we know that it is a weekday. This obligation is personal and not territorial, there is no difference whether the foreigner is abroad or on a visit in Israel. As today we know all the fixing of the month, there is no more difference between Israel and abroad as it was the case before the institution of the second festival day.
In other words, according to this responsum, the obligation for the foreigner visiting in Israel, to keep two festival days derives directly from the order sent to the Diaspora, to go on keeping the customs of their elders and observing two festival days. Therefore the obligation is of the same nature than that of the foreigners living abroad and this explains why there are exempted from tefilin on this second festival day. The consequence of this special situation, as noted by R’ Moses Feinstein in his responsum, is that the condition of the foreigner visiting in Israel appears to be more sever today than at the epoch of the observation calendar.
However:
n Where does he know from that the obligation of keeping two festival days is personal and has not a territorial aspect?
n It seems that this responsum is based on the generally accepted explanation that the fear of forgetting the Thora and the rules of the calendar, which was the justification of the institution of the second festival day, exists not only abroad but also in Israel and therefore the order sent to the Diaspora is still valid in Israel. The only difference is that this order was not addressed to the Israelis. Now, as soon as we explain that in reality the fear was about the disruption between Israel and the Diaspora, it no more evident that the order was applicable upon the foreigners visiting in Israel.
n The fact that the conditions of the foreigner on visit in Israel would be more severe today than at the time of the messengers is problematic. Indeed Maimonides had met a similar situation about the late Eruv and he was objected by all the commentators, beginning with R’ Abraham ben David.[23] The argument was that the situation could never be more severe after the Takana than before. This principle was accepted by all the rulers and the Shulkhan Arukh did not follow Maimonides. Therefore the argumentation of R’ Moses Feinstein remains problematic.[24]
B. Foreigners traveling to Israel behave as Israelis and keep one festival day.
It is important to examine the commentaries of R’ Hananel and Ravan. Indeed these two authorities are generally considered as belonging to the supporters of the first opinion. Or analysis will show that they are supporters of the second opinion.
1. R’ Hananel.
R’ Hananel explains the passage as follows:
“In my situation, when I know the fixing of the month and the people of my place keep two festival days, when I want to come up from Babylonia, where we observe two festival days, to Palestine, where they observe only one festival day, in a settlement [in Palestine] I don’t observe the second festival day,[25] but in the desert [of Palestine where I am alone without other Jews, and I know for sure that the second festival day is a weekday] how should I behave?[26] Am I submitted to the strictness of the place from where I came? Rabbi Abba answered him: this was the ruling of Rabbi Ami. Among a Jewish settlement [in Palestine] it is forbidden [to observe the second festival day] but in the desert of Palestine it is allowed.[27]
Critical examination of this interpretation.
n Just before the passage about the query of Rav Safra occurs in the Mishna the passage: “the one who goes from a place where they do (“osin”) to a place where they do not perform (“ein osin”) work. The verb “osin” means to perform work and does not mean to observe the second festival day.
However the following references support the interpretation of R’ Hananel:
Kiddushin 31a: “avidna yoma tava le-rabanan.”
Kiddushin 39b: “de-avdin lei yom tov.”[28]
n Second, Rav Safra, in a settlement in Palestine does not observe the second festival day, why? Even if one is not allowed to distinguish oneself because of the fear of dispute, why should one not be allowed to respect discretely the second festival day according to the opinion of Rava? Rava has indeed said that the fact of walking idly (as opposed to walking with a purpose) is not to be considered as a singularity because there are always people in the streets and the market walking idly.
However R’ Hananel does not seem to have the reading “because of the fear of dispute” as in our Talmudic text. It is also likely that the reason why Rav Safra keeps only one festival day in a settlement in Palestine is because the messengers come along at this place and the people know the fixing of the month. He keeps only one festival day because otherwise it would appear as “mossif.” In the desert of Palestine, where the messengers don’t come along, keeping two festival days does not seem as “mossif.”
n Third the interpretation given for “be-yishuv assur, be-midbar mutar” is difficult.
In the desert, one is not allowed to observe the second festival day. One is either obliged or forbidden to observe a second day, but certainly one is not merely allowed.
However “mutar” could be the formal opposite of “assur”; but it would not mean
that he is allowed but he is obliged to keep two festival days in the desert.
Another possible explanation of the passage of Rav Safra could be the following:
Rav Safra says that he is not performing any work on the second festival day in a [Jewish] settlement [in Babylonia,[29] although he knows the fixing of the month]. He doubted however, when he is in the desert [of Palestine, i.e. when he has already reached Palestine but did not yet reach a settlement] whether he is forbidden to perform any work because of the severity of the place from where he came, or if he is allowed to perform work in the desert [of Palestine because he knows the fixing of the month]. Rabbi Abba answered: this was the ruling of Rabbi Ami, in a settlement in Babylonia it is forbidden to perform work; in the desert of Israel it is allowed.
We could then conclude that in a settlement in Palestine, where the messengers came along and all the population knew the fixing of the month, Rav Safra was, a fortiori, allowed to perform work on the second festival day and was not submitted to the severity of the place whence he came from.
This second interpretation is also acceptable; it solves the difficulties of the first interpretation but it introduces new difficulties:
n Why must Rav Safra mention that in a settlement in Babylonia he is not allowed to perform work on the second festival day?
In fact Rav Safra knows the fixing of the month and he could have imagined performing work discretely.
n Why is Rav Safra allowed to perform work in the desert of Israel and is he not submitted to the severity of the place from where he came as he is a traveler and intends to go back home?
Apparently in the desert of Israel, by contrast with Babylonia, the fact that he knows the fixing of the month is sufficient to allow him working on the second festival day.
The difference between these two interpretations is the status of Rav Safra in the desert of Israel: according to the first interpretation he keeps two festival days in the desert, according to the second interpretation he keeps only one festival day in the desert.
We will however see that the text of Ravan, although very similar to that of R’ Hananel, must necessarily be understood according to this second interpretation of the commentary of R’ Hananel.
2. R’ Abraham bar Nathan (Ravan).
Ravan often follows the commentary of R’ Hananel; this is also the case here. However, we note some minor, at the first glance, differences. They have a decisive influence of the interpretation.
Ravan writes: “I, who know the fixing of the moon and the people of my place hold two festival days, when I travel to Palestine, where they hold only one day, in a [Jewish] settlement in [Babylonia][30] I do not perform work [on the second festival day] because of the strictness of the place where I am.[31] In the desert of Palestine, am I allowed to perform any work during the second festival day, which I know is a weekday because of the severity of the place from where I came or not? Rabbi Abba answered: this was the ruling of Rabbi Ami. In a [Jewish] settlement [in Babylonia] it is forbidden to perform any work, in the desert [of Palestine] it is allowed. As Rav Safra[32] asked him about the desert in Palestine, we can conclude that in all the places of his land [Babylonia] it is forbidden [to perform work on the second festival day].”[33]
Thus in the desert of Israel and a fortiori in any settlement in Israel, Rav Safra was allowed to perform work on the second day of the festival.
In the case of a normal person who did not know the fixing of the month it is likely that in the desert of Israel he would not be allowed to work on the second festival day but in a settlement in Israel he was certainly allowed.
3. Conclusion.
The conclusion is clear: R’ Hananel and Ravan agree that Rav Safra was allowed to perform work on the second festival day when he was staying in a settlement in Palestine[34] during one of his travels from Babylonia to Palestine.[35] However in the desert of Israel the situation is less clear: according to Ravan he was allowed[36] but as for R’ Hananel the answer depends on the interpretation adopted.[37]
However all the other authorities[38] wanted to conclude that R’ Hananel and Ravan impose the keeping of two festival days by the travelers in Israel.
4. The responsum of Hakham Tsevi.[39]
You asked me about people of the Diaspora traveling to Israel; how should they behave during the festivals, like Israelis or like foreigners?
According to my humble view they must observe the festivals like Israeli people and this [matter] must not be considered as a severity of the place from where they came.
Not only this is the case for prayers, benedictions and Torah reading which are in fact no severities of the place from where he came; indeed if someone wants to adopt a more severe conduct and pray the prayer of the festival when it is not the time of this festival, he commits a transgression. But even on the level of the performance of work on the second festival day during their stay in Israel they are allowed. Indeed if all the inhabitants of the traveler’s place would settle in Israel they would certainly be forbidden to keep two festival days in the same way as someone who sleeps eight day in the sukkah is beaten. The same rule is valid for Pesah and Shavuot: if someone keeps an additional day he transgresses the interdiction of “bal tossif”. The rule that they gave “we lay upon him the severity of the place from where he came” is only valid in the case when the people living in the place of the severity are allowed to observe their more severe behavior even if they settle in the place of the leniency. But if they are forbidden to observe their more severe behavior in the place of the leniency, we do not impose this rule. Even the original statement [which represents the basis of the modern institution of Yom Tov Sheni] that they sent from Israel: be careful to maintain the practice of your late parents. It could happen that the authorities enact [unfair] laws [against the Jews] and you could be wrong [if you observe only one day] is only valid abroad. The possibility to be wrong because of the disruption of the communication of the calendar] exists only in their country outside of Israel but when the traveler is in Israel he cannot be wrong!
Now in Israel it is forbidden to add a festival day and Israeli people cannot add one day with regard of what is written in the Torah, they are forbidden to adopt a more severe attitude [than prescribed]. Therefore people traveling to Israel are forbidden to keep two festival days during their stay, even a provisory stay because the obligation to keep one festival day is dictated by the place where they are [Israel] and the rule about the severity of the place from where they came does not play in this case. And I wrote what seemed to me [correct]. Tsevi Askenazi s”t.[40]
5. Critical Analysis of this Responsum.
The responsum is based on the following arguments:
n Generally we compare this problem with the rule of the minhagim. But praying the prayer of the festival cannot be considered as a severity with regard of the prayer of a weekday.
n Forbidding the performance of work during the second festival day is certainly a severity but the rule of the severity of the minhagim does not play in our case. Indeed if a foreigner settles in Israel he will be forbidden to observe to festival days because of the order of “bal tossif”. In such a situation we cannot oblige a traveler to keep two festival days.[41] Thus in such a situation when the settler is forbidden to keep the second festival day, we cannot oblige the traveler to keep the second festival day and forbid him performing any work.
n The takana instituting the second festival day was introduced out of fear that the Jews of the foreign counties would lose the contact with Israel and would not keep the right festival day. Such a fear does not exist when these foreigners are on visit in Israel. The takana was not intended for them.
The responsum would perhaps have been more persuasive if it had been articulated as follows:
n From the motivation of the takana instituting the second festival day it appears that it was not addressed to the foreigners during their provisory stay in Israel because at this particular moment they could have no doubt about the Jewish calendar.[42]
n We must still examine the problem at the light of the rules of the priority of the minhagim. But the rule of the priority of the minhagim does not play in our case. Indeed if a foreigner settles in Israel he will be forbidden to observe to festival days because of the order of “bal tossif”. In such a situation we cannot oblige the traveler to keep two festival days.
n Even if one does not accept this reasoning we must still observe that as for the positive obligations of the second festival day (prayer, benedictions and Thorah reading) we cannot consider them as more severe customs.
n I would even add the following point. Yom Tov Sheni includes three points: first the positive obligations of the festival second the interdiction of performing work and third the suppression of the obligation of wearing tefilin.[43] But as soon as we are outside of the takana there is an obligation of tefilin and the rule of the priority of the minhagim must at least abide by this obligation.
6. The refutation of this Responsum by R’ Jacob Emden.
It is generally accepted that R’ Jacob Emden, the son of Hakham Tsevi refuted his father’s argumentation in responsa She’elat Yabets I, no. 168. The supporters of the first opinion have generally used the argument of the refutation of Hakham Tsevi by his son in order to eliminate the second opinion.[44] Let us examine this refutation and its main arguments.
n R’ Jacob Emden follows the theory of Rambam Hilkhot Kiddush ha-Hodesh III according which we keep today one festival day only in the places where we know that the messengers arrived and the people kept one festival day at the time of the calendar of observation. Therefore one must keep two festival days in all the new places. Therefore he argues, there is no interdiction, in principle, to keep two festival days in Israel.
n R’ Jacob Emden seems to understand Rambam, Hilkhot Yom Tov VIII: 20 according to the understanding of Maggid Mishneh that the traveler, even when he settles in a new place, must go on keeping the customs of his former place. Therefore he thinks that the Jews settling in Israel must go on keeping discreetly two festival days.
n R’ Jacob Emden ascertains that when there are two communities in a town with different customs or ruling there is no danger of dispute and of separation.[45] Therefore, he says, as soon as the number of foreigners, settling in Israel, is sufficient to have an independent quorum, they are allowed to celebrate publicly the second festival day. They should go on and keep the two festival days publicly.
n The message and order instituting the second festival day because of the fear of unfair laws against the Jews and the fear that they forget the Torah was not sent only to the Diaspora but it concerned also the inhabitants of Israel. Today there is no difference between Israel and the Diaspora; they know all the fixing of the month. The reason of the institution of the second festival day applies to all the Jews without distinction. If he did not fear [to introduce new habits] he would say that all the inhabitants of Israel must keep two festival days.
It appears that the responsum is based on very problematic early beginnings; first that one keeps two festival days in Israel in places which did not exist during the time of the Mishna and the Talmud (third century) and had not a Jewish population, second that one beholds always, after settling in a new place, the customs of the former place. These two principles are not accepted by the halakha. Further he ascertains that communities can go on and keep two festival days and former customs officially after settling in Israel.
This responsum accounts for the exalted and exaggerated positions adopted sometimes by R’ Jacob Emden. In any case it cannot be considered as a serious refutation of his father responsum. On the contrary this responsum is a model of logic, rigor, concision and originality.
7. Other authorities supporting the second opinion.
Only a little number of authorities supported the opinion of Hakham Tsevi. However, as we established above, Hakham Tsevi was probably preceded by R’ Hananel and Ravan who championed the opinion that foreigners visiting in Israel, keep only one day. Among these other authorities we can distinguish R’ Saul Nathansohn who adopted a similar position, at least in theory (Sho’el u Meshiv, 3rd edition no. 28). R’ Shneur Zalman of Liady in Shulhan Arukh ha-Rav ruled also that foreigners, on a visit to Israel, keep only one festival day.[46] He notes however that there are opponents.[47]
We must further notice that the problem of the foreigners visiting Israel was apparently not raised nor in the Talmud nor in the Rishonim. This could be considered as an indication that their status does not pose a problem and is identical with that of the Israelis. A similar consideration could be expressed about R’ Joseph Karo who did not raise the issue in Shulkhan Arukh. However he had raised the issue and followed the opinion 1 in his responsa Avkat Rokhel 26 and one should admit that he changed his mind.[48] When going from the Diaspora to Israel, the obligation of Yom Tov Sheni would be a territorial obligation and not a personal obligation.[49]
C. Foreigners traveling in Israel do not keep two festival days, they wear tefilin on the second day but they do not perform work on this day.[50]
This position was adopted by R’ Shmuel Salant, longtime chief rabbi of Jerusalem during the second part of the nineteenth-century. R’ Yehiel Mihel Tikochinsky, his pupil wrote in his book Ir ha-Kodesh ve ha Miqdash that R’ Salant was inclined to rule according to the ruling of Hakham Tsevi. R’ Salant considered as certain that during the period of the empirical calendar by vision and messengers, when they kept the second festival day out of doubt, foreigners on visit in Palestine had no doubt and kept only one festival day. Therefore, he argued, today the rule cannot be more severe than at that epoch. As he dared not ruling as Hakham Tsevi because his teacher R’ Israel of Shklov had ruled according to the opinion 1 (Pe’at ha-Shulkhan, Hilkhot Erets Israel, chap 2, $ 15), he adopted an intermediate position considering the most severe aspects of both opinions. Therefore he advised not to keep the second festival day and to wear tefilin but to refrain on the second festival day from any work, normally forbidden on the second festival day.
The contemporary posek R’ Nahum Eliezer Rabinovitch of Maale Adumim has a similar position and he considers that one must behave according to the ruling of R’ Shmuel Salant. R. Rabinovitch finds in the text of Maimonides an allusion to the status of the foreigner visiting in Israel and the Israeli visiting abroad. The Israelis keep two festival days even when they travel abroad and the foreigners keep only one festival day when they are in Israel (Yad Peshutah, Hilkhot Talmud Torah VI: 14, 11, p. 477-478).
In Yabia Omer VI: 40, R. Ovadiah Yosef mentions that R’ Abraham Isaac Kook ruled that one should adopt the severe points of the responsum of Hakham Tsevi, thus to behave like the severe aspects of both opinions.
It is interesting to note that the problem is still with us and new responsa are still written on this issue. Even the champions of the majority opinion are sensitive to the new situations. In many instances, a specific element like the ownership of a house in Israel or the regular celebration of the three festivals in Israel or even the rental of an apartment in Israel on annual basis are generally considered by the champions of the opinion 1, as a sufficient element allowing keeping the festivals as the Israelis.
V. General conclusion.
The aim of the present article was analyzing the complex problem of the priority of the minhagim and explaining the evolution from the Talmudic references until the halakha in Shulkhan Arukh. Today the general problem has lost its acuteness and has more a historical interest. The difficulty of the problem results from the difficulty to understand clearly the Talmudic sources and their apparent contradictions. We have seen that these difficulties were at the origin of a great number of interpretations.
We examined also the problem of Yom Tov Sheni shel Galuyyot with respect to the travelers between Israel and the Diaspora and vice-versa. It appears that the case of the travelers from Israel to the Diaspora is examined in the Talmud; the traveler in his quality of Israeli is dispensed from keeping the second festival day and therefore his conduct during this day is determined by the rules of the priority of the minhagim, in the respect of the susceptibility of the local population. The converse situation, the case of the traveler from the Diaspora to Israel was not considered in the Talmud (this is at least the general understanding, but there are opposed opinions) and Shulhan Arukh did not raise the issue. Therefore there is much uncertainty in the treatment of the problem. The general opinion was to treat the problem on the same way as the symmetrical problem and to assimilate it to a problem of priority of minhagim. Others considered that we are out of the scope of application of this rule and there was never a problem at all so that the issue depends only on the localization of the traveler. A foreigner keeps two festival days abroad but only one day in Israel. The absence of true evidence leads to the rare situation that the three possible attitudes have their champions. We show that the majority opinion has also its weak points and the minority opinion is theoretically much stronger that one could imagine.

[1] This expression is from R’ Zerahia ha-Levi on the Rif on B. Pesahim, p. 17a.
[2] See “Yom Tov Sheni Shel Galuyyot: The True Signification of the Second Day Festival,” the Seforim blog (forthcoming).
[3] Even today the overwhelming majority of the Rabbis believe that the reason invoked for the institution of the second festival day was the fear of unfair laws against the Jews causing to forget the Torah and the Jewish calendar. Such a fear exists everywhere, Israel included. Therefore the foreigners visiting in Israel are still subject to this danger and therefore they are submitted to the obligation of the second festival day. The Israelis should also fear the same danger but the takana instituting Yom Tov Sheni was not addressed to them.
[4] The translation is here according to the generally accepted understanding that Rav Safra was traveling from Palestine to Babylonia. Although he knew the fixing of the month, he did not perform work on the second festival day when he was in a Jewish settlement in Babylonia because of the fear of dispute. This reason did not exist in the wilderness and therefore Rabbi Ammi allowed him working on the second festival day because he knew the fixing of the month.
[5] In fact there are two different understandings of the meaning of Maimonides. We have adopted here what seems the genuine understanding. This problem will be examined later.
[6] See Novellae of R’ Samuel Strashun (Rashash) ad locum.
[7] .לצדדין
[8] Meiri writes: before thirty days.
[9] Meiri writes: after a delay of more than thirty days.
[10] Such special situations to which the Mishna must be reduced in order to satisfy both impositions, can be found in responsum I: 337 of Rabbi Solomon ben Adret (Rashbah) and in the novellae of R’ Hezekiah da Silva on Shulhan Arukh, Orah Hayim 468:4.
[11] See quotation 1 above.
[12] We will see later that R’ Jacob Emden in responsa Yabets, no. 168, championed such an opinion and understood Maimonides according to this second opinion.
[13] This is the opinion of R’ Zerahia ha-Levi, see ha-Maor ha-Katan on the Rif on Pesahim. Rabad ad locum opposed vehemently this opinion.
[14] As for the definition of going back immediately he gives the examples of people coming to Egypt to buy merchandise or people going to Israel to visit tombs. As for going back later he proposes the examples of people coming to Egypt for an enterprise or trade or people going to Israel for learning.
[15] Shulhan Arukh: Orah Hayim 468:4 (about working on the morning of Nisan 14th), 496:3 (about Yom Tov Sheni and the travelers from Israel to the Diaspora), 574:1-2 (about fasting for travelers between two places having different fast days) and Yoreh Deah 214:2 (about the rules of the communities and the travelers).
[16] See above the two interpretations of the ruling of Maimonides Hilkhot Yom Tov VIII: 20.
[17] Even if we consider that R’ Yoseph Karo changed his mind and considered only two cases in O.H. 468:4 and if we consider that O.H. 496:3 must be understood according to the first and plain understanding, there remains even though a contradiction. Indeed in 496:3 (according to the text of Orhot Hayim) he writes that the traveler is allowed to work on the second festival day as long as he is outside a Jewish settlement, even if he intends to settle there. In O.H. 468:4 (according to the text of Maimonides) he writes that the traveler is allowed to perform work in the desert (outside the settlement) if he intends to come back and apparently not if he intends to settle.
[18] For a plausible explanation of his knowledge of the fixing of the month, see J. Jean Ajdler, “Rav Safra and the Second Festival Day: Lessons About the Evolution of the Jewish Calendar,” Tradition 38:4 (Winter 2004): 3-28.
[19] Even discretely. According to Tosafot it is impossible to perform work discretely.
[20] According to R’ Zerahia ha-Levi, even someone who wants to settle outside of Israel is allowed to perform work outside the tchum of the Jewish settlement as long as he did not reach the Jewish settlement. Ritva agrees with this ruling. R’ Nissim rules that the one who wants to settle is already forbidden to perform work in the desert of Israel. Rabad seems to rule that as soon as the Palestinian leaves the boundaries and enters the Diaspora, he is forbidden of performing any work on the second festival day.
[21] R’ Abraham Bornstein of Sochaczew asked himself (responsa Avnei Nezer Vol 1, no. 354; 43) why the great rulers did not rule the story of Rav Safra. In fact Maimonides certainly refers to this story in Hilkhot Yom Tov VIII: 20 when he writes .לא יעשה בישוב אבל עושה הוא במדבר From the same responsum n° 354; 50, it appears that he understood the ruling of Maimonides like Maggid Mishneh, i.e. the first part referring to the case that the traveler does not intend to come back.
[22] One could make the same objection for Yom Tov Sheni in the Diaspora. But here the answer is that the Rabbis have the power, when they make enactments, to suppress an order of the Torah, see response of R’ Solomon ben Aderet I:61. By contrast, for the foreigners visiting in Israel, if their obligation of keeping Yom Tov Sheni does not derive from the original takana but from a general rabbinic rule of priority of minhagim, then the positive order of the torah should have the precedence.
[23] Hilkhot Yom Tov VI: 14.
[24] I have already heard the following argumentation. Even at the time of the observation calendar, the foreigners on pilgrimage in Israel were keeping the second festival day according to the rule of the priority of the minhagim. Therefore, today, we must still behave according to their custom. In fact this argumentation seems rather a Yeshiva argumentation but it is not likely that this was really the conduct of the pilgrims. Now even if this were the case, it is certain that the pilgrims wore the tefilin on the second festival day during their stay in Palestine because it is a positive law of the Torah with precedence on a minhag. Therefore it is likely that either the pilgrims wore the tefilin and did not keep the second festival day because of its contradictory character or they abstained from performing work on this day. Anyhow this argumentation could sustain the opinions 2 or 3 but certainly not the opinion 1, according which the foreigners traveling in Israel keep two festival days.
[25] R’ Hananel does not mention in his text “because of the fear of dispute” as in our Talmudic text. It is not certain whether he had the same reading as us. Nevertheless from Nahmanides’ Milhamot Hashem on the Rif on B. Pesahim 17a, we see that this was indeed the Spanish reading.
[26] Whether I should not keep two festival days because I know the fixing of the month or I should because I am still submitted to the place whence I came from.
[27] This exegesis is in accordance with the ruling of R’ Tsevi Ashkenazi in response Hakham Tsevi no. 167. R’ Meir Don Plotski from Ostrow understood R’ Hananel on the same way. See Even Shelema on Ravan, who does not accept this interpretation.
[28] Furthermore R’ Hananel writes in the beginning of his commentary “and people of my place hold (“osin”) two festival days.”
[29] We cannot explain that he means a settlement in Palestine. Indeed, in a Jewish settlement in Palestine the messengers come along and the population knows the fixing of the month. If, despite these circumstances, Rav Safra does not perform work in this settlement, why would he be allowed to perform work in the desert of Palestine where there are not messengers coming along. Or conversely if Rav Safra is allowed to perform work in the desert of Israel, a fortiori he must be allowed to perform work in a settlement of Israel.
[30] R’ Moses Sofer in his Novellae on Pesahim and R’ Ehrenreich in Even Shelemah on Ravan understood that it speaks about a settlement in Israel. R’ Ovadia Yoseph in Yehaveh Da’at VI: 40 recopied their arguments. According to their explanations, Rav Safra was forbidden to perform work in a settlement in Israel, likely because of the strictness of the place from where he came. But why was he allowed to perform work in the desert of Israel? Rabbi Moses Sofer writes that in the settlement working is forbidden on the second festival day because of מנהג אבותינו בידינו . But in the desert there is no status, there is no tradition of the elders and the obligation of Yom Tov Sheni depends on the geographical localization but it is not a personal obligation. I could not, unfortunately, understand him. If Rav Safra is allowed to work in the desert where there is no tradition and no status, no messengers coming along, a fortiori that he is allowed to work in a settlement in Israel where there is a tradition, were the messengers come along, were the population knows the fixing of the month and where there is thus a status of holding only one day. Conversely, if Rav Safra, in a settlement in Israel, is still submitted to the strictness of the place from where he came, a fortiori in the desert, where the messengers do not come along, he should be forbidden to work on the second festival day.
[31] Those Rabbis who understand that we speak here about a settlement in Israel must correct the text and instead of שם they must correct into משם. By contrast the text of Ravan fits perfectly our interpretation.
[32] The reading of Ravan is Rav Hisda but we maintained Rav Safra in order not to complicate things.
[33] The reasoning of Ravan works only with our interpretation. Rav Safra does not perform work in a settlement in Babylonia but he asked whether he was allowed to perform work in the desert of Israel. Ravan concludes that it was clear for him that it was forbidden to perform work in the desert of Babylonia. But if we consider that Rav Safra began with the statement that he does not perform work in a settlement in Israel and he asked afterwards whether he was allowed to perform work in the desert of Israel, how can Ravan conclude that it was clear for him that he was forbidden to perform work in the desert of Babylonia?
This reasoning has no basis. Why was it more evident that it is forbidden in the desert of Babylonia than in the desert of Israel?
[34] R’ Shneur Zalman of Liady in his Shulhan Arukh, Orah Hayim 496:11 ruled that a foreigner traveling in Israel observes one festival days but he added that there are authorities which oppose this ruling. Apparently he refers his ruling to Ravan; this is also the opinion of R’ Tsevi Pesah Frank in Mikra’e Kodesh, Pesah 2, p. 195 note 1. However all the other authorities wanted to conclude that R’ Hananel and Ravan impose the keeping of two festival days by the travelers in Israel.
[35] It is interesting to note that all the later commentaries did not follow this approach of a travel from Babylonia to Palestine but they considered a travel from Palestine to Babylonia. I had attributed this change to the difficulties of the exegesis of the commentaries following the first approach. But finally at the end of the study of the commentaries of R’ Hananel and Ravan, it seems that these commentaries are genuine and well argumentative. The change of approach could be justified by the fact that Rav Safra consulted Rabbi Abba, an eminent Palestinian Amora (born and educated in Babylonia). This could be only before a travel from Palestine to Babylonia.
[36] But it is likely that it was the case because he knew the fixing of the month.
[37] According to the first interpretation he was forbidden and according to the second interpretation he was allowed.
[38] R’ Moses Sofer in his Novellae on Pesahim, Commentary Even Shelemah on Sefer Ravan ad locum, R’ Ovadia Yoseph in Yabi’a Omer VI: 40.
[39] Responsum no. 167.
[40] Hakham Tsevi and later his son R’ Jacob Emden signed by Tsevi Ashkenazi s”t and Yabets S’t.Hakham Tsevi had learned under R’ Elijah Covo in Salonika, he assumed the Sephardi tittle hakham and adopted even Sephardi customs and the name Ashkenazi. S”t may be the common abbreviation of ספרדי טהור used by his teacher orסופו טוב or still סימן טוב.
[41] Imagine that in the middle of the second festival day he decides to settle in Israel. He would suddenly in the middle of Yom Tov Sheni, pass from the regime of “obliged to keep two festival days” to the regime of “forbidden to keep two festival days.”
[42] Hakham Tsevi understood thus correctly that the fear of the Palestinians leaders was that the disruption of the communication between Palestine and the Diaspora would endanger the calendar of the Diaspora. It is the first time that we meet an explanation of the reason of the institution of the second festival day different than that of Rashi in B. Beitsa 4b.This approach is very original. The incorrect understanding of the exact fear of the Palestinian Rabbis who sent the order of the second festival day to the Diaspora is at the origin of a great confusion, at such a point that R’ Jacob Emden thought that people settling in Israel should go on and keep two festival days in Israel.
[43] Those who consider that Yom Tov Sheni is a minhag and not a takana, cannot explain why we are exempted from the Tefilin. Only a takana, and certainly not a minhag, and the power of the sages to give to their enactments the same power as a Torah order, can explain that the order of keeping the two festival days includes the exemption and even the interdiction of wearing the tefilin. See response of R’ Solomon ben Aderet I: 61.
[44] This is indeed what we read in responsa Yabi’a Omer VI: 40.
[45] According to the principle: לא תתגודדו. This principle is generally accepted.
[46] In note 18 of the Shulkhan Arukh ha-Rav it refers to Ravan. However according to the commentary Even Shelema on Ravan (B. Pesahim 51b) the author, R’ Schneur Zalman refers to Hakham Tsevi. But in Miqra’e Kodesh, Pesah vol.2 p. 195 note 1, R’ Tsevi Pesah Frank refers to Ravan. In the new edition (New York 2007) of the Shulhan Arukh ha-Rav with new references, R’ Levine refers to R’ Hananel, Ravan and Hakham Tsevi. I thank R’ Samuel Pinson of Brussels who showed me this last edition.
[47] In note 19 of the Shulkhan Arukh ha-Rav it refers to Ravan. Of course it is impossible to have the same reference in both note 18 and note 19.
[48] A similar argumentation was proposed to explain the apparent contradiction about the time of the beginning of Bein ha-Shemashot between O.H. 261 and Yoreh Deah 266.
[49] In contradiction with the situation of the traveler going from Israel to the Diaspora where the obligation is a personal obligation and not a territorial obligation.
[50] We speak of those specific works that are normally forbidden on the second day.



Was Professor Saul Lieberman “Orthodox” or “Conservative”? [1]

Was Professor Saul Lieberman “Orthodox” or “Conservative”? [1]
by David Golinkin
Saul Lieberman (1898–1983) is universally regarded by Talmud scholars as the foremost talmudist of his generation, and some regard him as one of the foremost talmudists of all times.
Immanuel Low wrote to him in Hebrew in 1938: “In the depth of your articles there are many sparks of the spirit of the Gaon of Vilna.” E. S. Rosenthal wrote in Hebrew in 1963: “… until we can almost say about him: there was no king like him before him, according to his custom and his method.” Jacob Neusner, who later attacked Lieberman after Lieberman had panned Neusner’s Yerushalmi translation, wrote to Lieberman on December 10, 1981: “I am enjoying Hayerushalmi Kifshuto so much, that I wanted to tell you so…. It reminds me of why I have long ago concluded you are the greatest exegete of rabbinic texts of the twentieth century and among the true greats among the ones I have studied and used—of all times.” Yitzhak Rafael wrote in Hebrew in 1983: “I am not authorized nor do I dare assert that Professor Rabbi Saul Lieberman z”l was the greatest Talmud scholar in recent generations, but it seems that no one would attempt to dispute this assertion.” David Weiss Halivni wrote in 1986: “Professor Lieberman was not only a yahid b’doro, unique in his generation, but a yahid b’dorotav, unique in all generations.” Elijah Schochet wrote in 1988: “Rabbeinu Eliyahu, the Gaon of Vilna, was born on the first day of Pesah, 1720. Rabbeinu Shaul, our own Gaon, was laid to rest on the eve of Pesah, 1983. Between them, there was no other like Saul Lieberman.”[2]
Finally, in 2002, Israel Ta-Shema recounted an amazing story that took place in 1981, in which he asked Professor Lieberman a riddle about the Yerushalmi. Ta-Shema had heard the riddle from Rabbi Shlomo Goren in 1961 and since then had been unable to find the answer. Professor Lieberman spent about three minutes in silence, during which he opened one volume of the Yerushalmi and closed it. Finally he returned to the bookshelf, pulled out Yerushalmi Sotah 2:1, and showed Ta-Shema the correct answer. Lieberman later explained to Ta-Shema that “in my youth, I would have answered immediately that the answer is not in the Yerushalmi at all. But now that I am old, I do not rely on my memory, which is already weakened; and therefore I decided to flip through all the pages of the Yerushalmi in my mind, in order to make certain that it is not found in any place. And when I arrived at chapter 2 of Sotah, I found the place and showed you.” Ta-Shema concluded the story: “I had the merit over the course of the years to be a frequent visitor to the houses of quite a few of the greatest talmidei hakhamim [scholars] of the generation and among the beki’im [those who possess encyclopedic knowledge] in their generation … but [bekiut] of such magnitude I have never seen, not before and not after, and the memory of that Shabbat has not departed from me until today.”[3]
In addition to his amazing memory and breadth of knowledge, Lieberman was one of the most prolific Talmud scholars of all times. He published 225 books and articles, for a total of approximately 11,500 pages—devoted, for the most part, to the explication of rabbinic texts.[4] Finally, he published books and articles related to almost every area of Jewish studies, including Bible, Dead Sea Scrolls, Mishnah, Tosefta, Yerushalmi, Bavli, ancient piyyut, Hellenism, Greek, Latin, and medieval rabbinic literature.[5] Therefore, it is not surprising that over eighty books and articles have been devoted to Lieberman and his œuvre between 1948 and 2008.[6] Indeed, three entire books have been published about Lieberman since 2002.[7]
This essay will respond to the most recent monograph, Marc Shapiro’s Saul Lieberman and the Orthodox.[8] Professor Shapiro has shown in his writings that he is adept at archival research.[9] This monograph is no exception; it quotes and/or publishes at least twenty-five letters related to Lieberman. Indeed, it should be entitled “What the Orthodox Thought of Saul Lieberman,” since it quotes the opinions of Rabbis Yaakov Halevi Herzog, Yitzhak Nissim, Shlomo Goren, Isser Yehuda Unterman, Abraham Isaac Hakohen Kook, Meir Ben-Zion Hai Uziel, Ḥayim Ozer Grodzinsky, Isaiah Karelitz, Pinchas Hirshprung, Meshulam Rathe, Mordechai Gifter, Yehiel Yaakov Weinberg, Yehudah Leib Maimon, Yaakov Yisrael Kanievsky, David Zvi Hillman, Yaakov Kamenetski, Aaron Kotler, Menahem Mendel Kasher, Shlomo Yosef Zevin, Menahem Mendel Shneerson, Ze’ev Wolf Leiter, Samuel Belkin, Yosef Dov Soloveitchik, and She’ar Yashuv Cohen. We are in debt to Marc Shapiro for this very useful anthology based on archival sources.
However, it would appear that Shapiro has missed the mark regarding three critical points: (1) the character of the Jewish Theological Seminary from 1940 and following, (2) Lieberman’s motives for accepting a position at JTS and remaining there, and (3) whether Lieberman consider himself “Orthodox” or “Conservative.” This essay will address these three critical issues in Lieberman’s biography.
The Character of the Jewish Theological Seminary from 1940 and Following

Shapiro’s basic assumption is that Lieberman was “Orthodox” and JTS was “Conservative.” Thus, he writes: “It can be imagined what a shock it was for the Orthodox when in 1940 the internationally renowned Jerusalem illui Saul Lieberman accepted an invitation to join the Seminary faculty.”[10] This assumption about JTS, which repeats itself throughout the monograph, is basically incorrect, for the following nine reasons:
1.   During most of the years that Lieberman taught at JTS (1940–1983), almost all of the Talmud faculty at JTS were “Orthodox” or strictly observant Jews, including Rabbis Alexander Marx, Louis Ginzberg, Louis Finkelstein, Moses Hyamson, Abraham Sofer, Moshe Zucker, H. Z. Dimitrovsky, A. S. Rosenthal, Yehezkel Kutscher, Mordechai Margaliot, Jose Faur, David Weiss Halivni, Dov Zlotnick, Israel Francus, and Shamma Friedman.
2.   During the 1940s and 1950s, most of the students at JTS were observant Jews; a large percentage of them came from Orthodox homes and/or were graduates of Yeshiva College. This point is stressed by Schochet and Spiro in their recent biography of Lieberman, and more importantly, it is stressed by Shapiro himself: Between 1946 and 1957, 60% of JTS rabbinical students came from Orthodox homes and 30% were graduates of Yeshiva College.[11] Similarly, both Rabbi Isaac Klein and my father, Rabbi Noah Golinkin z”l, began their studies at Yeshiva University in the 1930s and then transferred to JTS. Rabbi Klein said that he did so in order to learn the critical methodologies of Professor Louis Ginzberg. Indeed, he received s’mikhah yoreh yoreh yadin yadin from Ginzberg. He certainly was not looking for a more lax halakhic approach.[12]
3.   From 1940 to the late 1950s, the division between Orthodox and Conservative Judaism was not at all clear. Indeed, this was pointed out by Shapiro himself as well as by other scholars, such as Jonathan Sarna.[13]
4.   Beginning in the 1950s, the mehitzah become the main dividing line between Orthodox and Conservative Judaism,[14] but the Seminary synagogue maintained separate seating for men and women from the days of Solomon Schechter until Professor Lieberman passed away in 1983.[15]
5.   During all of the years that Lieberman taught at JTS, the Seminary synagogue did not use any of the siddurim produced by the Rabbinical Assembly and edited by Rabbis Silverman, Hadas, or Harlow. It used, instead, a rather obscure Orthodox prayer book edited by Rabbi A. Th. Philips. Indeed, I was informed by someone who prayed in the Seminary synagogue with Professor Lieberman for nine years that at one point, two of the students told Professor Lieberman that the Philips siddurim were falling apart. They, of course, wanted to replace Philips with a more modern siddur. Professor Lieberman said that he would take care of the problem. He then proceeded to purchase two boxes of brand new Philips siddurim! [16]
6.   From 1940 until 1959, Higher Criticism of the Bible was not taught at JTS.[17] This opposition began way back in the days of Sabato Morais, who headed JTS from 1887 until 1897.[18] Solomon Schechter, who served as president of JTS from 1902 until 1915, called Higher Criticism “Higher Anti-Semitism.”[19] Cyrus Adler, who was president of JTS from 1915 until 1940, was also opposed to Biblical Criticism; in his day, Bible was taught at JTS with medieval Bible commentators.[20] Finally, Louis Finkelstein, who headed JTS from 1940 until 1972, was also opposed to Higher Criticism.[21] In 1944, he asked Lieberman to “gently” tell H. L. Ginsberg to write his article on biblical history in a proposed volume entitled Judaism and the Jews “from an extremely conservative point of view,” so as to “avoid various pitfalls of higher criticism.”[22]
7.   Furthermore, in the 1940s when Lieberman started teaching at JTS, the rabbinical students dressed just like rabbinical students at Yeshiva University.[23]
8.   More importantly, Louis Finkelstein, who together with Louis Ginzberg invited Lieberman to teach at JTS in 1940, saw JTS—as had Solomon Schechter and Cyrus Adler before him[24] —as an institution for k’lal yisrael, the collective Jewish people, and not just of the Conservative Movement. Finkelstein stated in 1941: “If someone calls us traditional, orthodox or conservative, it is he who makes a division in Judaism, not us … I think that the members of the faculty generally prefer the term ‘traditional Judaism’….”[25] After quoting this passage, Schochet and Spiro add: “Finkelstein preferred viewing JTS as an umbrella institution for all traditional Jews, which he hoped would attract to it Orthodox Jews, rather than one reflecting a specific denominational ideology. Finkelstein made no secret of the fact that he hoped that Orthodoxy would eventually find a home at the Seminary. He would therefore counsel his associates, ‘Let’s not be too Conservative; let’s not prevent [Orthodox Jews] from coming.’”[26]
Indeed, Shapiro himself stresses[27] that when Haim Zalman Dimitrovsky came to study with Lieberman at JTS in 1951, he did not even know that JTS had a connection with the Conservative Movement!
9.   Finally, Shapiro himself[28] quotes a letter written by Rabbi Yehiel Yaakov Weinberg in 1948, when he was informed by someone supposedly “in the know” that Finkelstein was interested in him joining the faculty, alongside Ginzberg and Lieberman. Weinberg wrote to his friend Samuel Atlas (in Hebrew): “How could it be possible that they are asking me, when they have two great teachers like L. Ginzberg and Sh. Lieberman?” Weinberg did not say that he could not teach at JTS because it was Conservative or heretical; he simply said that they did not need him, because they already had Ginzberg and Lieberman.
Thus, from 1940 when Lieberman began to teach at JTS, until 1959—and, to a large extent, until 1972, when Louis Finkelstein retired—it was difficult to call JTS a Conservative institution. The faculty and students were mostly Orthodox or traditional; the lines between the movements were not clearly drawn; the Seminary synagogue maintained separate seating and used an Orthodox prayerbook; Higher Criticism was not taught; and the students at JTS even dressed like the students at YU. Louis Finkelstein viewed JTS as an institution for k’lal yisrael and even Rabbi Weinberg had no ideological objections to teaching at JTS.
Thus, there is no basis for Shapiro’s surprise that an “Orthodox” Jew like Lieberman accepted a position teaching at a “Conservative” institution.
Lieberman’s Motives for Leaving Israel, Accepting a Position at JTS, and Remaining There Until the End of His Life

Shapiro says[29] that Lieberman’s main motives were economic security, which he did not have in Jerusalem, and a desire to draw the students at JTS nearer to Torah and Judaism. These points are undoubtedly true, but I believe that there are at least six reasons why Lieberman left Israel, came to JTS, and stayed there for forty-three years:
1.   Saul Lieberman could not earn a living in Jerusalem. This is what Rabbi Meir Bar-Ilan, Lieberman’s father-in-law, told Rabbi Aaron Pechenik and others,[30] and this was the reason that Lieberman later gave Pechenik for remaining there.[31] Indeed, while in Israel (1927–1940), Lieberman worked as a clerk at the Tel-Aviv Chamber of Commerce, as a teacher in Herzlia, as a part-time lecturer at the Mizrahi Teachers Institute.[32] as a secretary at Yeshivat Shaar Hashamayim, as a Talmud teacher at Hebrew University (from 1932–1937, a position from which he was fired and only received severance pay a year later),[33] and as Dean of the Harry Fischel Institute for Talmudic Research.[34]
2.   Shapiro also says that Lieberman wanted to draw the students at JTS closer to Torah and Judaism,[35] as indicated by his brother Meir, by Pnina Herzog, and in a letter to Gershom Scholem from 1941. Furthermore, Lieberman himself said this in a Hebrew letter to Hapardes in 1945, which Shapiro published in 2003. There he says: “Young Jewish men are innocent (t’mimim) and there is nothing that will influence them more than the light of Torah planted by a teacher who believes in the holiness of the Torah.”36] 
3.   At Hebrew University, Lieberman’s Talmud course in the 1930s shrank from six to two students, he was fired, and Hebrew University refused to award him a Ph.D. for Talmuda Shel Kisrin or Tosefet Rishonim.[37] The Harry Fischel Institute, which Lieberman headed for five years, was not an academic institution. Indeed, Lieberman himself spelled out in 1937 the requirements for Talmud scholarship; the students at Harry Fischel did not possess many of those qualifications.[38] In other words, at Hebrew University he had scholars to talk to but no job, while at Harry Fischel he had a job but no one to talk to. Thus, in 1940, JTS was the only serious academic center of Jewish studies in the world, as Lieberman himself wrote to Louis Ginzberg in Hebrew on April 30, 1940: “And I also hope that I could bring benefit to your Bet Midrash, which is now the only scientific institution [i.e., of Jewish studies] in our world.”[39]
4.   In 1940, and for most of the years that Lieberman taught there, JTS had the best Jewish library in the world, with a large collection of manuscripts and Genizah fragments.[40] Schochet and Spiro relate that Seminary librarian, Nahum Sarna, advised Menahem Schmelzer, his successor, to open the Rare Book Room at any time so that Lieberman could consult the thirteenth-century manuscript of the Mishneh Torah, which was placed on a table there especially for his use.[41] 
5.   Lieberman had a very warm relationship with Louis Ginzberg of JTS.[42] They met in 1929 when Ginzberg served as visiting lecturer at Hebrew University and Ginzberg asked Lieberman to prepare for publication Ginzberg’s lecture, “The Significance of Halakhah for Jewish History.” They then corresponded from 1930 to 1940. Louis Finkelstein explicitly praised Ginzberg for his indefatigable efforts to persuade Lieberman to come to JTS. This special relationship is evident from a Hebrew letter from Lieberman to Ginzberg from 1940.[43]
6.   Finally, Lieberman had an incredibly close relationship with Louis Finkelstein, who gave Lieberman whatever he needed and treated him like a king. Their relationship has been dealt with at length by Schochet and Spiro.[44] A few examples will suffice: Rabbi Bernard Mandelbaum, long-time Vice President of JTS, said: “Finkelstein gave Lieberman whatever he needed.”[45] Lieberman said as much in his Hebrew introduction to Hilkhot Hayerushalmi in 1947: “And last but not least is my friend, Rabbi E. A. Finkelstein, the President of our Bet Midrash, who provides me with special conditions for Talmud Torah and work with all possible convenience.”[46]
But their relationship went way beyond one of providing scholarly needs. Finkelstein viewed Lieberman as the most important Talmud scholar in the world and he told him so, both privately and publicly, on a regular basis. He referred to Lieberman’s arrival in the United States as “a historic one in the development of American Judaism … Even if the Seminary across the years had done nothing else than lay the foundation for such a work [=Tosefta Kifshutah on Zera’im], the institution would have justified itself.”[47] Finkelstein further stated that “Professor Lieberman does not exist for the Seminary; the Seminary exists for Professor Lieberman.” Faculty member Professor Judah Goldin once said, “Finkelstein believed in God and worshipped Lieberman.”[48] 
On December 1, 1959, Finkelstein informed Lieberman that he would become Rector of JTS, with all the powers and no administrative responsibilities: “It seems obvious to me that with your increasing preoccupation with the Tosefta Kifshutah (which …will turn out to be probably the most significant single accomplishment of the Seminary) …”[49] In a letter to Edward B. Lawson, American Ambassador to Israel, in 1955, Finkelstein introduced Lieberman as “Professor of Talmud in the Seminary and one of the most learned men in the world.”[50] Finally, when Finkelstein got Lieberman involved in the agunah dilemma in 1953, he introduced the Lieberman ketubah at the Rabbinical Assembly Convention in hyperbolic terms and compared it to the accomplishments of the tannaim.[51]
Thus, it appears that Lieberman came to JTS and stayed there for six reasons: because he could not earn a living in Jerusalem; in order to draw the students closer to Torah and Judaism; because JTS was the only scientific institution of Jewish studies in the world; because JTS had the best Jewish studies library in the world, to which he had open access at all times; because of his warm relationship with Louis Ginzberg between 1929 and 1953; and because of his unique relationship with Louis Finkelstein from the 1930s until 1983.
Did Lieberman Consider Himself “Orthodox” or “Conservative”?

Shapiro claims that Lieberman “regarded himself as an Orthodox Jew”[52] and he faults me[53] for categorizing Lieberman as a Conservative rabbi,[54] but he himself writes: 
In 1959, Lieberman became rector of the Seminary, and one of his responsibilities was “guarding the general religious policy of the institution.” Thus, there is certainly justice in the assertion that whatever his personal religious commitments, Lieberman had become part and parcel of the Conservative Movement and was assisting it at the time that the Orthodox were attempting to expose what they regarded as the Conservatives’ distortion of halakhah.[55]
Shapiro’s confusion is well-justified; I myself have debated whether Lieberman considered himself Orthodox or Conservative.[56]
On the one hand, he taught at the only Conservative rabbinical seminary from 1940 until 1983, and he served as its rector from 1959 until 1983. When he proposed his takkanah regarding the ketubah to the Conservative Rabbinical Assembly in 1953, he attacked “the Orthodox rabbis”:
I saw that some of you were accused of being frightened by the Orthodox rabbis. I want to tell you that I am not frightened by them at all. I want, therefore, to give you a point of information. In truth, they were frightened, and I want you to know why they were frightened. They weren’t afraid that the Bet Din would issue some takkanot. No, not at all. They were afraid that the Bet Din will issue takkanot in accordance with the law.
As a matter of fact, one of the very important members of the Orthodox rabbis said so in many words: If this Bet Din of the Rabbinical Assembly will issue atakkanah, that will be takkanato kalkalato. It will be a great misfortune because they will get authority and that is the reason why they oppose this. Many of them think that [if] that Bet Din will begin to move in this line, the movement can become strong and it will affect them.[57] 
When, during the negotiations about a Joint Bet Din, the Orthodox insisted that the RA sanction rabbis who perform a wedding even without aget, “Lieberman’s spontaneous response was that the Conservative Jews do not like inquisitions …”[58] He also wrote a letter that enabled Rabbi Theodore Friedman, a leading Conservative rabbi, to receive permission to perform weddings in Jerusalem, and another letter to Chief Rabbi Unterman in 1964, which defended the gittin performed by Rabbi Israel Silverman and other Conservative rabbis.[59]
On the other hand, Schochet and Spiro cite an undated interview in the Jerusalem Post in which “Lieberman explicitly stated that he himself was not a Conservative Jew; however, he praised Conservative Jews for their sincerity and their success in appealing to young people.”[60] Furthermore, in 1974, the Israeli daily Maariv published an article claiming that Golda Meir had asked Lieberman to influence the Conservative Movement to accept a compromise on the “Who Is a Jew” issue. Lieberman was described there as “one of the leaders of the Conservative Movement and as the Vice-President of the Jewish Theological Seminary in New York.” Lieberman wrote an indignant letter to the editor in Hebrew in which he denied the whole story and in which he said:
I am not one of the heads of the Conservative Movement and I am not, nor have I ever been, the Vice President of the [Jewish] Theological Seminary. I teach Torah to the Jewish people and I don’t understand much about politics.[61]
Finally, when a group of Seminary professors, graduates, and students held a “Conference on Halakhic Process” in 1979 in order to urge JTS not to ordain women, Lieberman wrote a letter to the Conference praising them for deciding to discuss “how to guard the last spark of the halakhah, that it should not be extinguished.”[62]
There are three possible ways to interpret this contradictory data. The first approach is followed by Hillel Goldberg, who, in a nasty review of Schochet and Spiro’s biography, would have us believe that Lieberman was Orthodox and taught and stayed at JTS simply because it was a cushy job which allowed him to do his research.[63] This approach contradicts everything we know about Lieberman’s piety and integrity, and barely merits a response. The second approach is put forth by Marc Shapiro, who maintains throughout his monograph that Lieberman was “Orthodox.” When he defended Conservative rabbis during the attempts to set up a joint Bet Din, “Lieberman was only reflecting on the mindset of the Conservative rabbinate, not describing his own feelings.”[64]
There is, however, a third way to interpret the data. I agree with Shapiro that Lieberman did not consider himself “Conservative.” However, neither did he consider himself “Orthodox.” An “Orthodox” Jew would not have spoken about Orthodox rabbis in the third person and in such a critical tone as Lieberman used in the 1950s. Furthermore, neither Shapiro nor Schochet and Spiro adduce even one text in which Lieberman himself calls himself “Orthodox.” Shapiro[65] simply refers to Schochet and Spiro.[66] but the latter offer no such proof. They quote Rabbi Berel Wein, who said that Lieberman “was personally an observant Jew.” They quote Rabbi Emanuel Rackman who said that Lieberman was “a Jew whose Orthodoxy was beyond question.” They themselves say: “These citations from prominent Orthodox rabbis reflect the common perception that Saul Lieberman was indeed ‘Orthodox’ in his religious practices” (emphasis added). They then cite numerous instances of “his firm adherence to halakhic practice and accepted custom.” They later quote someone who said that Lieberman “stressed that he wanted to be known as ‘Orthodox’ (note 266), but Lieberman himself never wrote such a thing.”
Furthermore, Shapiro mistranslates a key passage in Lieberman’s important Hebrew letter to Hapardes from 1945, which Shapiro himself published in 2003. Shapiro writes:
In his letter, Lieberman states that at the Seminary he is permitted to teach what he wishes. He also mentions that if another two or three Orthodox teachers joined the faculty (italics added), they could turn it into a wonderful place.[67]
However, that is not what Lieberman wrote. He wrote:
זהו מוסד חשוב שלו היו נכנסים לשם עוד שנים שלשה מורים משלומי אמוני ישראל היו מהפכים אותו לבית ספר למופת
This is an important institution. If two or three teachers “who seek the welfare of the faithful in Israel” [cf. II Samuel 20:19] would enter it, they would turn it into an exemplary school.[68]
Similarly, in his 1964 letter to Rabbi Unterman defending the gittin of Rabbi Israel Silverman.[69] he states that “Rabbi Silverman, when he was my student, observed Torah and mitzvot as is fitting.”
היה שומר תורה ומצוות כראוי וכיאות
He goes on to say
that it is essential to arrange matters related to gittin in America, and if there is good will on all sides, it is possible to arrive at a mutual agreement. Otherwise, I am afraid that chaos will take over this profession too and we will come to a similar situation to giving a hekhsher to a treif kitchen in an Israeli boat. And behold this hekhsher was not given by the Conservatives (who rejected the offer with disgust), but by an irresponsible group which calls itself Orthodox, and this group also performs gittin!
The picture that emerges from Lieberman’s letter to Hapardes in 1945, from his attempt to set up a joint Bet Din in 1953, and from his letter about gittin in 1964, is that Lieberman meant exactly what he said in his letter to Maariv in 1974: “I teach Torah to the Jewish people and I don’t care much about politics—that is: I am neither ‘Orthodox’ nor ‘Conservative.’ There are “Conservative” rabbis who are halakhic and there are ‘Orthodox’ rabbis who are not. I care that the teachers at JTS should be sh’lomei emunei yisrael and that the students and graduates should beshomrei torah u-mitzvot ka-rauy v’khayaut.” Lieberman did not care about labels but rather about substance, and in this he was a true disciple of Rabbi Judah the Prince who said: Al tistakkeil ba-kankan, ella b’mah she-yeish bo—do not look at the vessel, but rather at its substance.[70] 
Notes

[1] This article is based on a lecture given in Hebrew in Jerusalem on Professor Lieberman’s 30th Yahrzeit, 9 Nisan 5773 (2013). It originally appeared in Conservative Judaism 65 (Summer 2014), pp. 13-29, published here with the permission of The Rabbinical Assembly.
[2] The first quotation is from Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York: Jewish Theological Seminary, 2005), p. 303 (and cf. pp. 53, 139). The other quotations are from David Golinkin, “The Influence of Seminary Professors on Halakhah in the Conservative Movement, 1902–1968,” in Jack Wertheimer, ed., Tradition Renewed: A History of the Jewish Theological Seminary, vol. 2 (New York: Jewish Theological Seminary, 1997), p. 473, n. 36. For Lieberman’s attack on Neusner’s translation of the Yerushalmi, see Journal of the American Oriental Society 104:2 (April–June 1984), pp. 315–319. For Neusner’s counterattacks against Lieberman, see History and Theory 27:3 (1988), pp. 241–260 = Jacob Neusner, Wrong Ways and Right Ways in the Study of Formative Judaism (Atlanta: Scholars Press, 1988), pp. 3–27; and idem, Why There Never Was a Talmud of Caesarea: Saul Lieberman’s Mistakes (Atlanta: Scholars Press, 1994).
[3] Ta-Shema in Meir Lubetski, ed., Saul Lieberman (1898–1983): Talmudic Scholar and Classicist (Lewiston, Queenston, Lampeter: The Edwin Mellen Press, 2002), pp. 88-90 = Israel Ta-Shema, Knesset Mehkarim, vol. 4 (Jerusalem: 2010), pp. 337–339 (Hebrew). See Shamma Friedman in Lubetski, pp. 91–95, for an explanation of the riddle.
[4] A. S. Rosenthal wrote in Proceedings of the American Academy for Jewish Research 31 (1963), Hebrew section, p. 1, that Lieberman wrote 10,000 pages. A careful count of Tuvia Preschel’s 1993 bibliography of Lieberman in Shamma Friedman, ed., Sefer Hazikaron L’rabbi Shaul Lieberman (New York and Jerusalem: Jewish Theological Seminary, 1993), pp. 1–28, adds up to approximately 11,500 pages.
[5] See Preschel’s bibliography (above, n. 4) as well as the essays in the Lubetski volume.
[6] See Golinkin, pp. 472–473, n. 35, for a listing of thirty items and Elinor Grinet, “A Bibliography About Saul Lieberman: The Man and His Work,” in Lubetski, pp. 91–96, for seventy-seven items (some of them overlap). More recent works include: Aviad Hacohen, Madda’ei Ha-yahadut 42 (5763–64), pp. 289–301; a letter from Lieberman to the editor of Hapardes from 1945, published by Marc Shapiro in Kitvei Ha-Gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), pp. 449–450; review of new edition of Hayerushalmi Kif-shuto edited by Menahem Katz (New York and Jerusalem, 2008), by Yehoshua Schwartz in Makor Rishon Hatzofeh,April 11, 2008, pp. 10, 13; Naomi G. Cohen, “In Memoriam: Chana Safrai (1946–2008), Friend and Colleague,” in Nashim 15 (Spring 5768/2008), pp. 198, 201. For reactions to Schochet and Spiro’s book, see: Hillel Goldberg, Tradition 40:3 (Fall 2007), pp. 69–75; Aaron Rakefet, Tradition 40:4 (Winter 2007), pp. 68–74; and Bernard Septimus and David Horwitz, Tradition 41:1 (Spring 2008), pp. 114–115.
[7] The books are Lubetski (n. 3 above), Schochet and Spiro (n. 1 above), and Shapiro (n. 8 below).
[8] Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton: University of Scranton Press, 2006).
[9] See, for example, his book Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884–1966 (London and Portland: Littman Library of Jewish Civilization, 1999); Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, 2 vols (Scranton: University of Scranton Press 1998 and 2003); and “Scholars and Friends: Rabbi Jehiel Jacob Weinberg and Professor Samuel Atlas,” in The Torah Umadda Journal 7 (1997), pp. 105–121.
[10] Shapiro, p. 16.
[11] Schochet and Spiro, p. 22, and Shapiro, p. 16. Both base themselves on Jeffrey S. Gurock, “Yeshiva Students at the Jewish Theological Seminary,” in Wertheimer (n. 2 above), vol. 1, p. 473.
[12] Regarding Rabbi Isaac Klein, see what I wrote in my introduction to his Responsa and Halakhic Studies, second revised and expanded edition (Jerusalem: Schechter Institute of Jewish Studies, 2005), p. xii.
[13] Shapiro, pp. 14–15; Jonathan Sarna, American Judaism: A History (New Haven and London:Yale University Press, 2004), pp. 237ff. Shapiro, pp.14–15.
[14] See my book The Status of Women in Jewish Law: Responsa (Jerusalem: Schechter Institute of Jewish Studies, 2012), pp. 14–15, and n. 27; p. 31, n.3; pp. 308–340.
[15] See JTS Semi-Centennial Volume (New York: Jewish Theological Seminary, 1939), p. 59; Jonathan Sarna, “The Debate Over Mixed Seating in the American Synagogue,” in Jack Wertheimer, ed. The American Synagogue: A Sanctuary Transformed (Cambridge: Cambridge University Press, 1987), pp. 379–380; David Golinkin, ed., The Responsa of Prof. Louis Ginzberg (New York and Jerusalem: Jewish Theological Seminary, 1996), pp. 85–100; Wertheimer, vol. 1, p. 395, Harvey E. Goldberg, “Becoming History: Perspectives on the Seminary Faculty at Mid-Century”, Schochet and Spiro, p. 22.
[16] Personal communication from Dr. Baruch Schwartz, April 13, 2008. The siddur was entitled Daily Prayers with a Revised English Translation (New York: Hebrew Publishing Co., 1914), and reprints.
[17] David Ellenson and Lee Bycel, “A Seminary of Sacred Learning: The JTS Rabbinical Curriculum in Historical Perspective,” Wertheimer, vol. 2, p. 559.
[18] Ibid., pp. 536, 656.
[19] Solomon Schechter, Seminary Addresses and Other Papers (New York: The Burning Bush Press, 1959), pp. 35–39 and cf. pp. 1–7.
[20] David Ellenson and Lee Bycel, “A Seminary of Sacred Learning: The JTS Rabbinical Curriculum in Historical Perspective,” Wertheimer, vol. 2, p. 546.
[21] JTS Semi-Centennial Volume, p. 25.
[22] Schochet and Spiro, p. 29.
[23] Compare the pictures in Jeffrey Gurock, The Men and Women of Yeshiva (New York: Columbia University Press, 1988), after p. 120; to the pictures in Baila R. Shargel, “The Texture of Seminary Life During the Finkelstein Era,” Wertheimer, vol. 1, pp. 527, 535.
[24] Regarding Schechter, see Mel Scult, “Schechter’s Seminary,” in Wertheimer, vol. 1, pp. 58–59; Michael Panitz in Robert Fierstien and Jonathan Waxman, eds., Solomon Schechter in America: A Centennial Tribute (New York: The Joint Convention Committee, 2002), p. 14; and Solomon Schechter, Seminary Addresses and Other Papers, pp. 48–49. Regarding Adler, see Schochet and Spiro, p. 17, which is based on Mel Scult (in Wertheimer, vol. 1), pp. 85–88.
[25] Schochet and Spiro, pp. 21–22.
[26] Ibid., p. 22. Regarding Finkelstein’s desire for JTS to serve all denominations, see Michael B. Greenbaum, “The Finkelstein Era,” in Wertheimer, vol. 1, pp. 163ff.; Jack Wertheimer, “JTS and the Conservative Movement,” in Wertheimer, vol. 2, pp. 419–420; and Michael B. Greenbaum, Louis Finkelstein and the Conservative Movement: Conflict and Growth (Binghamton: Global Publications, 2001), pp. 48, 60–67. Ibid., p.22.
[27] Shapiro, p. 48.
[28] Ibid., p. 9, n. 30.
[29] Shapiro, pp. 17–18.
[30] Ibid., p. 17.
[31] Ibid.
[32] See Saul Lieberman, Mehkarim B’torat Eretz Yisrael, ed. David Rosenthal (Jerusalem: Magnes, 1991), pp. 601–602, for a beautiful vignette from that period of time.
[33] Schochet and Spiro, pp. 8–10.
[34] Ibid., pp. 10–11.
[35] Shapiro, p. 18.
[36] Shapiro, Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), p. 449.
[37] Schochet and Spiro, pp. 9–10.
[38] Ibid., pp. 10–11; and cf. Lieberman’s English introduction to Harry Fischel Institute Publications, Section III, Rishonim, vol. 1 (Jerusalem: Harry Fischel Institute Press, 1937), pp. vi-viii, where he spells out the qualities necessary to do scientific talmudic research. My thanks to Professor Shamma Friedman, who called my attention to this passage a number of years ago. Cf. Preschel (n. 4 above), who lists this article in item 36 even though the Hebrew and English introductions to that volume are totally different. Ibid., pp.10–11.
[39] Shapiro, Hebrew side, p. 17, also quoted in the English side, n. 64.
[40] Regarding the Seminary library, see Alexander Marx in The JTS Semi-Centennial Volume, pp. 87–120; Menahem Schmelzer, ed., Alexander Marx, Bibliographical Studies and Notes, (New York: Jewish Theological Seminary and Ktav, 1977); Herman Dicker, Of Learning and Libraries: The Seminary Library at One Hundred (New York: Jewish Theological Seminary, 1988); and Menahem Schmelzer, “Building a Great Judaica Library—At What Price?” in Wertheimer, vol. 1, pp. 678–715.
[41] Schochet and Spiro, p. 16.
[42] Ibid., pp. 9, 18–20.
[43] Shapiro, Hebrew section, pp. 17–18.
[44] Schochet and Spiro, pp. 23–39.
[45] Ibid., p. 16.
[46] Saul Lieberman, Hilkhot Hayerushalmi L’harambam (New York: Jewish Theological Seminary, 1947), p. 3
[47] Schochet and Spiro, p. 24.
[48] Both quotations are from Schochet and Spiro, p. 26.
[49] Ibid., p. 37.
[50] Ibid., p. 40.
[51] David Golinkin, ed., Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927–1970 (New York and Jerusalem: The Rabbinical Assembly and the Institute of Applied Halakhah [of the Schechter Institute], 1997), vol. 2, pp. 825–829.
[52] Shapiro, p. 26.
[53] Ibid., p.20, n. 72
[54] Golinkin, Proceedings, vol. 1, p. v.
[55] Ibid., p. 24.
[56] Golinkin, “Influence,” pp. 451–452. Golinkin, “Influence,”pp.451–452.
[57] Shapiro, pp. 26–27 = Proceedings of the Rabbinical Assembly 17 (1953), pp. 75–76 = Golinkin, Proceedings, vol. 2, pp. 810–811.
[58] Rabbi Wolfe Kelman, unpublished letter to Sheldon Engelmayer, May 14, 1987. I received a copy from Professor Jack Wertheimer and I gave a copy to Marc Shapiro, who quotes from the letter in his monograph, p. 20.
[59] Golinkin, “Influence,” p. 452, n. 55. Shapiro published the second letter on the Hebrew side of his book, pp. 33–34.
[60] Schochet and Spiro, p. 99, end of n. 163.
[61] I quoted this letter in Golinkin, “Influence,” p. 452. Shapiro published the entire letter in Shapiro, Hebrew side, pp. 35–36 and discusses it on the English side, p. 20, n. 72.
[62] Shapiro, Hebrew side, p. 40.
[63] See above, n. 5.
[64] Shapiro, p. 20, n. 72.
[65] Ibid.
[66] Schochet and Spiro, pp. 66 ff., 99 n. 163.
[67] Shapiro, p. 22.
[68] Shapiro, Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), pp. 449.
[69] Shapiro, Hebrew section, pp. 33-34
[70] Pirkei Avot 4:20.



Shnayer Leiman – The New Encyclopaedia Judaica: Some Preliminary Observations

The New Encyclopaedia Judaica: Some Preliminary Observations

by

Shnayer Leiman 1. In 1972, the first edition of the Encyclopaedia Judaica appeared in print. With 25,000 entries, it moved well beyond its distinguished predecessors, such as the Jewish Encyclopedia (New York, 1906), the Universal Jewish Encyclopedia (New York, 1939-43), and the short-lived German language Encyclopaedia Judaica (Berlin, 1928-34). Its special focus on the Holocaust and its aftermath, on the State of Israel, and on the centrality of the Jewish community in the United States, rendered it the most current and useful of all the Jewish encyclopedias. But 35 years have passed since its publication, and there was a felt need for a new version that would update many of the entries in the light of scholarly advance. Also, new entries had to be provided for all that was new in Jewish life during the past 35 years. Early in 2007, the 22-volume second edition of the Encyclopaedia Judaica appeared in print – in hard copy and electronic versions – and it was heralded as yet another milestone in the history of Jewish encyclopedias.

2. A striking difference between the first edition of the Encyclopaedia Judaica (henceforth: EJ) and the second edition of the Encyclopaedia Judaica (henceforth: NEJ [= new Encyclopaedia Judaica]) is the almost complete lack of visual images in NEJ. Whereas EJ contained some 8000 photographs and portraits (judiciously selected from a larger pool of 25,000), NEJ has only 8 pages of photographs in the center of each volume. Thus, for example, the entry on Solomon Dubno (d. 1813) in EJ is accompanied by a striking portrait of him [reproduced below]. The portrait is lacking in NEJ. Similarly, the entry on Vilna in EJ is accompanied by some 9 photographs that make the city come to life; none appear in the NEJ entry on Vilna. The almost complete lack of visual images in NEJ is a fatal flaw that renders it the least attractive (and arguably, the least informative, for often pictures inform even more than words) of all the Jewish encyclopedias listed above in paragraph 1.

3. One of the key selling points of NEJ is that it updates – and allegedly supersedes – the 1972 edition of EJ. In the general introduction to NEJ, we are informed that more than 2,650 new entries were incorporated into NEJ, and that over half of the original entries (in EJ) were revised and updated for NEJ. Indeed, it is a delight to see entries in NEJ for Dina Abramowicz, Zvi Ankori, Gerson Cohen, Lucy Dawidovich, Marvin Fox, Ismar Schorsch, Yosef Yerushalmi and the like – none of whom were accorded entries in EJ. But upon inspection, it turns out that many key entries that needed to be revised and updated were neither revised nor updated. And regarding the new entries, there are serious errors of commission and omission.

Samples of entries that should have been updated, but were not, include:

a) Abraham b. Elijah of Vilna (d. 1808). NEJ reprints EJ, apparently unaware that some 130 printed pages of Abraham b. Elijah of Vilna’s writings on Bible, Talmud, Midrash, and Jewish bibliography were published for the first time, from manuscripts, in 1998 (see Yeshurun 4[1998], pp. 123-254). EJ and NEJ list Abraham b. Elijah of Vilna’s date of birth as 1750. Recent historical studies indicate otherwise and suggest he was born in 1766 (see, e.g., Yeshurun 14 [2004], pp. 982-996). These and other post-1972 studies on Abraham b. Elijah of Vilna surely merited mention in a revised and updated entry. In this instance, NEJ does not reflect the present state of modern scholarship.

b) Adam Ba’al Shem. NEJ reprints the EJ entry by Gershom Scholem, who – in one of the most controversial passages he ever wrote – identified the writings of the Sabbatean prophet Heshel Zoref (d. 1700) with the writings ascribed by Hasidic lore to the legendary Adam Ba’al Shem. The latter’s writings, according to Hasidic legend, formed the basis for the uniquely Hasidic teachings of R. Israel Ba’al Shem Tov. Scholars were quick to challenge Scholem’s identification during his lifetime and after his death. None are cited in the NEJ entry. An entire literature has grown around this particular issue. Much (but not all) of the relevant bibliography appeared in Y. Liebes, ed., גרשם שלום: מחקרי שבתאות, Tel Aviv, 1991, pp. 597-599. None of this appears in the NEJ entry. Once again, NEJ does not reflect the present state of modern scholarship.

c) Chajes, Zevi Hirsch (d. 1855). NEJ reprints the EJ entry. In the intervening years, numerous studies and two major books were published on Chajes, none of which is mentioned in NEJ. Here it will suffice to mention the titles of the two books:

Bruria Hutner David, The Dual Role of Rabbi Zvi Hirsch Chajes: Traditionalist and Maskil, Columbia University Ph.D., University Microfilms, 1971.

Mayer Herskovicz, רבי צבי הירש חיות, Jerusalem, 1972 (reissued: Jerusalem, 2007).

Here too, NEJ does not reflect the present state of modern scholarship.

d) Kalmanovitch, Zelig (d. 1944). NEJ reprints the entry in EJ. The diary (mostly in Yiddish and partly in Hebrew) of this Yiddish scholar — and victim of the Holocaust – is one of the most poignant of the Holocaust diaries. In 1977, Kalmanovitch’s son, Shalom Luria, publish an annotated Hebrew translation of the diary, together with a 50 page introduction that reveals much about Kalmanovitch that was not previously known. See Z. Kalmanovitch, יומן בגיטו וילנה, Tel Aviv, 1977, pp. 9-59. A sizeable and significant fragment of the diary, entirely in Hebrew, was discovered in the Lithuanian Central Archive in Vilna, and published in 1997. See Yivo Bleter 3(1997), pp. 43-113. None of this information appears in the NEJ entry. Regarding the Kalmanovitch entry, then, NEJ does not reflect the present state of modern scholarship.

e) Luria, David b. Judah (d. 1855). NEJ reprints the entry in EJ. No mention is made in either EJ or NEJ that a portrait of Luria is extant (in Vilna) and has been frequently published. See, e.g., Yahadut Lita,Tel Aviv, 1967, vol. 3, p. 62. More importantly, some 230 printed pages of Luria’s hiddushim on Bible, Mishnah, the Jerusalem Talmud, and Midrash Mishle, as well as responsa, were published for the first time, from manuscripts, in 1998-9. See Yeshurun 4(1998), pp. 489-647 and 6(1999), pp. 285-359. NEJ does not reflect the present state of modern scholarship regarding this entry as well.

 

4. Sins of commission are inevitable in any encyclopedia. The name of the game is to keep them at a minimum, and it is largely the responsibility of the editors to check and recheck possible misspellings, mistaken dates and facts, discrepancies, imaginary references, exaggerated claims, and the like. NEJ is not lacking in sins of commission in all of the above categories. One amusing instance will have to suffice for our purposes.

NEJ contains two entries of interest that appear several pages apart in volume 3. The first entry is entitled: Bloch, Chaim Isaac. The second entry is entitled: Bloch, Hayyim Isaac ben Hanokh Zundel Ha-Kohen. Innocent readers will assume, as they have every right to assume, that these represent two different persons. Alas, they are one and the same person. The first entry is a new one, designed especially for NEJ. The second entry is the old one, reprinted from EJ (minus the handsome photograph [reproduced below] that accompanied the original EJ entry). There are some interesting differences between the two entries. In the first entry, the reader is informed that Rabbi Bloch was born in 1867. Several pages later, however, Rabbi Bloch aged some 3 years, as we are informed that he was born in 1864. In the first entry, we are told mostly about essays he contributed to a variety of Torah journals – though mention is made of the fact that he published books as well. None of their titles are listed. In the second entry, not a word is said about his contribution to Torah journals. Instead, the titles of all his published works are listed. In the bibliographies appended to the two entries, each lists an item not in the other. The primary blame here hardly rests with the authors of the entries; presumably, they performed their assigned tasks as best they knew how. It is the sloppiness of the editors that allowed for the publication of two (sometimes contradictory) entries for one and the same person. Given the premium placed on space in any encyclopedia, this is a sin of no small import.

5. Sins of omission are inevitable in any encyclopedia. As the editors indicate in the general introduction to NEJ: “An obvious problem in the compilation of any encyclopedia is the decision as to which entries are to be included and which excluded …there is always a body of “borderline” entries which potentially could fall in either category. This problem becomes particularly sensitive when dealing with biographies of contemporaries. Which scholars receive entries and which do not? Where is the line to be drawn for rabbis or businessmen or lawyers or scientists? In some subjects, it was possible to fix objective criteria. For example when it came to U.S. Jewish communities, it was decided to include only those numbering more than 4,500.”

One can only sympathize with the impossible task before the editors. It was a no-win situation for them; whatever their decision, they would surely be open to criticism. If nonetheless I join the chorus of critics, it is not because of “borderline” entries. My own sense is that serious sins of omission occurred throughout NEJ, and in a broad range of categories. I shall attempt to illustrate this by selecting at random 5 categories of Jewish life that were of sufficient interest to me that I was even willing to leaf through the pages of NEJ in order to see how they were treated. I am well aware that others may consider unimportant what I consider important. What follows is no more than the personal opinion of one observer. The names listed below have no independent entry in NEJ and, at best, are mentioned in passing in other, often thematic entries.

a) Women. In the publicity relating to NEJ, it was stated openly that in earlier encyclopedias, including EJ, Jewish women were marginalized. They accounted for no more than 1.25% of the entries in EJ. This was a matter that would be rectified in NEJ. I do not know whether, in fact, this has been rectified in NEJ. But here are some omissions that seem striking to me.

 

1. Adele Berlin. A noted Bible scholar in the Department of Hebrew and East Asian Languages at the University of Maryland, her published books include:

Biblical Poetry Through Medieval Jewish Eyes; Dynamics of Biblical Parallelism; Poetics and Interpretation of Biblical Narrative; JPS Bible Commentary: Esther; Lamentations: A Commentary; Zephaniah: A New Translation with Introduction and Commentary; and more.

2. Esther Rubinstein (1883-1924). An early advocate of religious Zionism, she was a leading Hebraist, Zionist, educator, and social activist in Vilna. Her learned essays on women’s suffrage paved the way for a change in rabbinic attitudes toward this issue. She founded the first religious day school for Jewish women in Lithuania. See the entry in אנציקלופדיה של הציונות הדתית, Jerusalem, 1983, vol. 5, columns 582-585.

3. Rivka Schatz-Uffenheimer (d. 1992) served as Edmonton Professor of Jewish Mysticism at the Hebrew University. Her many books on Kabbalah and Hasidut (e.g., Hasidism as Mysticism; The Thought of R. Moshe Hayyim Luzzatto [Hebrew]; The Messianic Idea from the Spanish Exile On [Hebrew]; R. Dov Baer of Mezhirech’s Maggid Devarav Le-Yaakov: An Annotated Edition [Hebrew] ) are landmarks in the history of Jewish mysticism.

4. Sara Schenierer (1883-1935), educator and author, founded the first Beth Jacob school in Cracow in 1917. In 1923, she founded the first Beth Jacob teacher’s seminary, also in Cracow. By 1927, there were 87 Beth Jacob schools, with over 10,900 students, in Poland alone. The movement spread throughout Europe, and ultimately to the United States and Israel, where it continues to thrive – with well over 50,000 students – to this very day. She also spearheaded a Jewish youth movement for young girls in Poland, wrote children’s literature and plays. Her collected writings were published in 4 volumes in Hebrew in Tel Aviv, 1955-60.

b) Rabbis.


1. R. Shneur Kotler (1918-1982) succeeded his father, R. Aharon Kotler, as Rosh Yeshiva of the Lakewood Yeshiva. He served in that capacity from 1962 until his death. Under his watch, the Lakewood Yeshiva grew from a student body of 200 students to a student body of over 1000 students. He established a system of Kollels throughout the larger Jewish communities in the United States. He was active in Agudat Israel, Chinuch Atzma’i, Torah U-Mesorah and other educational organizations. It was largely due to his leadership that the Lakewood yeshiva and its affiliate institutions number today well over 4000 students.

2. R. Eleazar Menachem Shach (1898-2001) was Rosh Yeshiva of the Ponevezh Yeshiva in Bnei Brak. From 1970 until his death, he was generally recognized by the Yeshiva world and by much of the Haredi world as the Gadol Ha-Dor. He was an occasional supporter of the Shas party, and was the founder of the Degel ha-Torah party. As such, he wielded enormous power in Israeli politics and the world over. He was the author of a monumental commentary on Maimonides’ Code, entitled Avi Ezri.

3. R. Yosef Shalom Elyashiv (b. 1910) succeeded Rabbi Shach as Gadol Ha-Dor. He is, arguably, the single, most powerful figure in the Yeshiva world and in much of the Haredi world. An expert in Jewish law, he has published some 26 volumes of hiddushim on the Talmud and Shulhan Arukh, as well as collections of responsa.

c) Academic Scholars. Two of the women listed above, Adele Berlin and Rivka Schatz-Uffenheimer, could just as easily have been listed under this rubric, with absolutely no bending of the rules. They were listed above only because of the claim that a special effort was made to include as many women as possible in the new entries for NEJ. Despite the claim, they were not accorded entries in NEJ.

1. Gerald Blidstein holds the Miriam Martha Hubert Chair in Jewish Law at Ben-Gurion University. His publications are simply too numerous to be listed here. Suffice to say that he was awarded the Israel Prize in Jewish Thought in 2006.

2. Menachem Cohen, Professor of Bible at Bar-Ilan University, is the head of the Mikra’ot Gedolot Ha-Keter Project – a project that is preparing for publication the Aleppo Codex and its Masorah, the Aramaic Targums, and critical editions of medieval Jewish commentaries on the Bible. Some 10 volumes have already appeared in print under his aegis. They represent the finest edition of Mikra’ot Gedolot ever produced.

3. Yehuda Liebes holds the Gershom Scholem Chair in Kabbalah at the Hebrew University. His many publications include: Studies in the Zohar; Studies in Jewish Myth and Jewish Messianism; and Elisha’s Sin (Hebrew). His annotated versions of Scholem’s studies are indispensable for scholarly research.

4. Haym Soloveitchik, University Professor at Yeshiva University, taught for many years at the Bernard Revel Graduate School of Yeshiva University. His published books include: Halakhah, Economics, and Communal Self Image (Hebrew); Pawnbroking in the Middle Ages (Hebrew); Wine of Non-Jews (Hebrew); Responsa as Historical Sources (Hebrew). Some of his shorter essays (e.g.“Three Themes in Sefer Hasidim”; “Rupture and Reconstruction”) have stimulated more discussion than books by others on the same topics. He was a recipient of the prestigious National Foundation for Jewish Culture Jewish Cultural Achievement Award in Jewish scholarship.

5. Yaakov Sussman is a world class Talmudic scholar who was awarded the Israel Prize for Talmudic Research in 1997. His many publications on the manuscripts, editions, and the history of the publication of the Mishnah, the Jerusalem Talmud, and the Babylonian Talmud; his edition of the “Miqsat Ma’aseh Torah” fragments of the Dead Sea Scrolls; and his edition of the Rechov inscription are the point of departure for all scholarly discussion of those topics.

 

d) Jewish Communities. As noted above, NEJ allows for an entry on any Jewish community in the United States with 4,500 Jewish residents or more. Thus, e.g., there is an entry on Wilkes-Barre, Pennsylvania which, perhaps, once had that many Jewish residents. According to the entry in NEJ, there were only 3000 Jewish residents in Wilkes-Barre in 2005. It is therefore somewhat surprising that there are no separate entries in NEJ on:

1. Monsey, N.Y.

2. Teaneck, N.J.

3. Far Rockaway, N.Y.

4. Lawrence, N.Y.

5. Cedarhurst, N.Y.

6. Woodmere, N.Y.

7. Kew Gardens Hills, N.Y.

I do not know the exact Jewish population of any of the towns listed above, but I suspect that each has at least 3000, and in all likelihood more than 4500, Jewish residents. In all fairness, NEJ presents a somewhat detailed discussion of Monsey and Teaneck under other rubrics (Rockland County and Bergen County). But I could not locate any discussion of Far Rockaway, the Five Towns, or Kew Gardens Hills. Each of these communities has a rich history, with many
synagogues, schools, and often institutions of national and international repute. They surely merit entries in NEJ.

6. The previous paragraph presents a rather long list of sins of omission relating to women, rabbis, academic scholars, and Jewish communities. One could easily add more names to each of the categories; and certainly so if yet other categories are examined. Doubtless, some will argue that there is simply no room in a 22-volume encyclopedia for so many “borderline” entries. In order to counter such an argument, I will list here four entries – exactly as they appear on the printed page – that found their way into NEJ.

1. Calwer, Richard (1868-1927). German socialist, economist, and politician. He belonged to the reformist wing inspired by Ferdinand Lasalle within the German Social Democratic Party (SPD). Calwer harbored a strong anti-Jewish bias. In a brochure published in 1894, he attacked the SPD’s radical wing as having been “incited by a few Jews who make slander their business,” and deplored that such “specific” Jewish characteristics as “zealousness, contentiousness, and commercial craftiness” had found their way into the party press and literature. He also criticized the SPD for combating anti-Semitism to the extent of creating the impression that Social Democracy had been “Judaized” (verjudet). Calwer left the SPD in 1909. He was a pioneer in Western socialist non-Marxian economics, which he taught until his suicide in Berlin.

2. Cohen, Philip Melvin (1808-1879), pharmacist and civic leader in Charleston, South Carolina. Cohen, born in Charleston, was the son of Philip Cohen, lieutenant in the War of 1812. During the Second Seminole War Cohen served as surgeon to a detachment of troops in Charleston Harbor (1836). In 1838 he became city apothecary. He was a member of the city board of health (1843-49). Cohen was a director of the Bank of the State of South Carolina (1849-55). He was one of the citizens who served as honorary guard at the funeral of John C. Calhoun in 1850.

3. Nagin, Harry S. (1890- ), U.S. civil engineer. Born in Romny, Russia, Nagin went to the U.S. in 1906. From 1924 he was executive vice president of a large steel products company in Pennsylvania. He took out over a hundred patents on steel structures, bridge floors, gratings, concrete, and plastics.

4. Abrams, “Cal” (Calvin Ross; 1924-1997), U.S. baseball player, lifetime .269 hitter over eight seasons, with 433 hits, 32 home runs, 257 runs, and 138 RBIS. Born in Philadelphia to Russian immigrant parents, he moved with his family to Brooklyn when he was a child. Having grown up in Brooklyn in the shadow of Ebbets field, Abrams fulfilled a life-long dream when he signed with the Brooklyn Dodgers after graduating from James Madison High School. But after two weeks in the minor leagues he was drafted into the army., where he served four years. Abrams spent three years in the minor leagues, winning the Southern Association championship with Mobile in 1947 while hitting .336. Abrams, who batted and threw left-handed, played for the Brooklyn Dodgers (1949-52), Cincinnati Reds (1952), Pittsburgh Pirates (1953-4), Baltimore Orioles (1954-55), and Chicago White Sox (1956), and had a perfect fielding percentage in three different seasons, 1950, 1952, and 1956. Abrams is best remembered for one of the most famous plays in Dodger franchise history. In the final game of the 1950 season, with the Dodgers one game behind the Philadelphia Phillies in the pennant race, Abrams tried to score from second with two out in the bottom of the ninth of a 1-1 game on a hit by Duke Snider, but Abrams, who had been waved home by third base coach Milt Stock, was thrown out by the Phillies’ Richie Ashburn. Had Cal scored, the Dodgers would have won the game and forced a playoff with the Phillies for the pennant. Dick Sisler hit a three-run home run in the top of the tenth to win the game – and the pennant – for Philadelphia. It was the closest Abrams ever got to the post-season. Dodgers fans vilified Abrams for years but he was defended by both Ashburn and Phillies pitcher Robin Roberts for the play, who agreed with many others who said that Abrams should not have been sent home by Stock.

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Far be it from me to deny Richard Calwer (a non-Jew), Philip Melvin Cohen, Harry S. Nagin , and Cal Abrams – not exactly household names – their rightful place in Jewish history. But at the expense of Professor Haym Soloveitchik? NEJ inherited the Calwer and Cohen entries from EJ. But the Nagin and Abrams entries are original with NEJ. In the case of Abrams, whose baseball career ended in 1956, this is somewhat surprising, for he obviously didn’t make the cut with EJ in 1972 (in contrast to Hank Greenberg and Sandy Koufax). Now I am well aware that Rav Shach could not hit major league pitching to save his life, and that his lifetime batting average would have paled in significance to Cal Abrams .269 lifetime batting average. But, really, does Cal Abrams take precedence over Rav Shach in a Jewish encyclopedia?

 

7. In sum, the returns are hardly in. Not for nothing did we label these comments “preliminary observations.” Much more needs to be investigated before one can judge how well NEJ has captured the totality of past Jewish life, and the pulse of present Jewish life, as reflected in the 2007 edition. But until all the returns are in, hold on to your 1972 edition of EJ for dear life! It is not at all clear that NEJ has superseded, or that it will ever supersede, EJ. All public libraries and private collectors will do well to retain their 1972 editions of EJ and keep them precisely on the same shelves they have now occupied for some 35 years.