The Anatomy of an Auction: A Previously Undissected Body of Literature on the History of the Jews and Postmortem Dissection

The Anatomy of an Auction: A Previously Undissected Body of Literature on the History of the Jews and Postmortem Dissection

 Rabbi Edward Reichman, MD 

The issue of autopsy and postmortem dissection has been exhaustively explored in halakhic literature.[1] If I were to ask where and when we find the first halakhic discussion about this topic, the immediate response would invariably be the teshuva of the Noda biYehuda, from the late eighteenth century.[2] It may be time to rewrite the medical halakhah history books. On Sunday, May 21 Genazym Auction House held its fifteenth auction. Lot #133 was a work entitled Pachad Yitzchak.

There are multiple works throughout history that bear the title Pachad Yitzchak. The modern reader will surely think of the work of Rav Yitzchak Hutner. The reader of this blog may also think of the first multi-volume halakhic encyclopedia, authored by Rabbi Dr. Yitzchak Lampronti (1679-1756). The volume offered for auction by Genazym is an earlier lesser-known composition of the same name by Yitzchak Hayyim Kohen me-haHazzanim (AKA Isaac Vita Cantarini)[3] published in 1685. 

Buried in Cantarini’s obscure work, in a section peripheral to the main theme of the book, we find a vivid and poetic description of a tragic incident relating to anatomical dissection.[4] Viewed in isolation, this incident merits historical attention due to its gravity. Yet, it merely reflects a much larger historical chapter about the Jews and postmortem dissection which long preceded the time of the Noda biYehuda and has remained largely undissected until now. But first a word about this work, its provenance and its author. 

The Work- Pachad Yitzchak (Amsterdam, 1685)[5]

The main subject of this work is the tale, told in poetic fashion, of the miraculous salvation of the Jewish congregation of Padua during the Austrian-Ottoman War in the year 1684. War erupted between the Austrian and Ottoman Empires in the year 1684 over the city of Buda (today part of Budapest). The virulently anti-Semitic Christian ruler of Padua spread a libel accusing the Jews of supporting the Muslim Turks in their battle against the Austrian Empire. His incitement caused an enraged crowd to break into the Padua Ghetto, yet the Jews miraculously persuaded the Venetian government to subdue the outburst. The Jews of Padua declared the 10th day of Elul as their Second Purim in gratitude for their miraculous salvation. This holiday was celebrated for many generations thereafter. 

However, the work also includes many additional unknown details of the history of the Jewish community and its rabbis. It is from this aspect of the book that we draw our discussion. 

Provenance

Regarding the item’s provenance, it was previously part of the William Gross Family Collection,[6] a significant portion of which has been recently sold at auction by both Kedem[7] and Genazym auction houses. Gross is a well-known prominent collector of Judaica and Hebraica and the selling of his collection is of historic significance. To see the collection of precious items united under one roof now become redistributed and disseminated across the world necessitates a moment of pause and reflection. Yet, this is the life cycle in the world of bibliophilia.[8] For centuries, passionate bibliophiles spent lifetimes amassing extraordinary and unique collections, only to have them subsequently sold piecemeal (for a variety of reasons) while still alive, or by less passionate heirs after death. Sometimes, however, collections are sold en bloc. An allusion to one such example is the image which appears on the bottom of the title page of the copy of Pachad Yitzchak sold at auction.  

This stamp, which is not mentioned in the catalogue description, indicates that this volume was previously part of the collection of Professor Lelio Della Torre. Della Torre was an Italian Jewish scholar of the nineteenth century, and prolific author, who served as a professor of Talmud and rabbinics at the rabbinical seminary in Padua, where Shadal also taught, from 1829 until his death in 1871. During this time, he was an avid collector of Hebraica. David Kaufmann, himself a renowned scholar and bibliophile, sought to procure Delle Torre’s collection upon the latter’s death. Kaufmann not only acquired Della Torre’s collection, but also that of Marco Mortara, a student of Shadal, and later Chief Rabbi of Mantua. Mortara’s collection in turn contained the library of Samuel Della Volta, whose life, work and library we discussed in this blog.[9]  All of these collections are now housed in the Hungarian Academy of Sciences Library in Budapest, to which Kaufmann bequeathed his library. This volume from Della Torre’s library somehow escaped the grasp of Kaufmann and traversed a different path, ultimately landing instead in the Gross Family Collection.[10]

The Author- Yitzchak Hayyim Cantarini (1644-1723)[11]

The Cantorini family were a prominent family of Kohanim who were also associated with the cantorial profession – hence the name Cantarini, or MinHaHazanim, as their Hebrew name reflects. Isaac Cantarini graduated from the University of Padua Medical School on February 11, 1664, one of many Cantarinis who earned their medical degrees from the university.[12] He authored a number of congratulatory poems in honor of Padua medical graduates.

After graduated from Padua, Cantarini went on to become a leading figure in Italian Jewry. He is considered one of the greatest Torah sages of his time, and his responsa have been published in both Yitzhak Lampronti’s Pachad Yitzhak and Samson Morpurgho’s Shemesh Tzedakah.[13] Cantarini wrote halakhic, historical, and homiletic works, as well as medical treatises in Latin. He was a poet, author, physician, and consummate orator; non-Jewish clergy and lay people attended his Shabbat sermons. In the year 5460 there were so many non-Jewish visitors in synagogue when he spoke that the regulars had to ascend to the women’s section (ezrat nashim) to pray.[14] He was a teacher of both Rabbi Moshe Hayyim Luzzatto (Ramchal),[15] as well as Rabbi Yitzchak Lampronti.

Non-Jews sought Cantarini’s sage advice as well, as evidenced by his correspondence with the Christian intellectual Theophilio Ungar.[16]

Cantarini was known by his initials יחכם. He was also quite adept at word play, and Shadal mentions but one small example of his utilizing the acronym of his name in the introduction to a kinah he composed upon the passing of Rabbi Yehuda Briel:[17]

Shadal takes a stab at solving the riddle.

A Fearful Story in Pachad Yitzchak

The following story appears in the pages of Pachad Yitzchak.[18] On the 17th of Shevat 5440 (שנת מ”ת as per Cantarini), a young man by the name of Hananel (AKA Graziadio) Levi[19] died in the Ghetto. His body was prepared for burial, but in the interim, a band of raucous students from the University of Padua stormed the Ghetto, kidnapped the body, and whisked it away to the anatomy room in preparation for dissection and medical student instruction. The Jewish community was in an uproar, riots ensued, and all political channels were pursued to secure the return of the body. When initial efforts failed, some members of the Jewish community on their own initiative attempted unsuccessfully to enter the anatomy lecture hall under cover of night to procure the body. Ultimately, after one week, negotiations succeeded, and the Jews were promised by the University that they needn’t worry about similar infractions in the future, and that the bodies of the Jewish community would no longer be forcefully taken for anatomical dissection. 

Anatomy, the Jews, and the University of Padua- An Undissected Body of Literature

This frightening incident recounted in Pachad Yitzchak is significant in its own right, but here we situate it as part of a much larger narrative of anatomy, the Jews and the University of Padua, which began over a century earlier.

Since the Middle Ages, individual Jewish students experienced numerous hurdles to the completion of their medical training, many rooted in discrimination and antisemitism. It was sometime around the 16thcentury, however, as the result of the synchroneity of two major historical developments, that Jews, as a group, first encountered a new major challenge to their medical education. This challenge, unlike any previous, did not originate with their non-Jewish colleagues or institutions, but was self-imposed by the Jews. Its consequences however were no less severe.

In the beginning of the fifteenth century, the University of Padua became the first European university to officially allow admission of Jewish students for medical training.[20] This policy led to a gradual influx of Jewish students and the creation for the first time in history of a significant Jewish presence and recognizable entity in a consistent fashion on a university campus.[21] This positive development for the broader Jewish community[22] unwittingly evoked unanticipated consequences.

Simultaneous with the expansion of the Jewish community in Padua, a young professor on campus was quietly revolutionizing the study of anatomy. Andreas Vesalius, who arrived in Padua in 1537, began to hold frequent public and private anatomical displays and approached the study of human anatomical dissection in a systematic fashion not previously attempted.[23] He would later come to be known as the founder of modern anatomy. With his innovations came the expansion of the anatomy course in Padua. Anatomy became identified from then on as the most essential course in medical training, and Vesalius, along with the University of Padua, were leading the revolution. 

The Ramifications of Vesalius’ Contribution for the Jewish Community

Vesalius’s work formalized and expanded the teaching of human anatomy at the University of Padua, as well as at medical schools throughout the world. With the expansion of the course came the necessity to supply more cadavers for the dissection tables. To procure cadavers for the anatomy course, the university turned to both the judicial system as well as its students and their communities. Executed criminals served as one steady source of cadavers, but this did not suffice. 

Grave robbing became commonplace in order to supplement the source of bodies. The practice was even encouraged by Vesalius and, though technically illegal, was unofficially tolerated by the government. A ducal document from 1549, during Vesalius’s tenure in Padua, condemns grave robbing,[24] but the ever-present fear and reality of the practice also affecting the Jewish cemeteries.[25] Indeed, one scholar has suggested that one of the historiated letters in the Fabrica specifically depicts a scene of the grave robbing of a body from a Jewish cemetery.[26]

The scene depicts putti (cherubic figures common in Renaissance art) removing a body from a grave. The “o” on the flag held by one of the putti was the symbol Jews were required to wear on their clothing and may reflect that this was a Jewish cemetery depicted.

The emphasis on anatomy begun by Vesalius would continue long into the future. Soon the university would further invest in this venture by building the first example in the world of a permanent anatomical theater, completed in 1595 (after the death of Vesalius), created for teaching anatomy through the dissection of corpses. The theater still stands to this day. 

The supply of cadavers was a perennial challenge for the medical school, and as a result, the university sought additional creative ways to address the issue. At some stage they instituted each community which sent medical students for training at the university would be required to provide a certain number of bodies for the dissection table.[27] The Jewish community, like others on campus, was expected to provide cadavers for the yearly anatomy course. However, the Jewish students and community took issue with this expectation. As elated as Jews were to walk the halls of a premier university for the first time in history, this privilege would not compel the abrogation of ancient Torah principles. Jewish law forbids the dissection of the human body after death absent mitigating circumstances yielding direct and immediate life-saving benefit from the procedure.[28] The prohibitions of desecrating and deriving benefit from the corpse, as well as the obligation to bury the body preclude routine dissection or autopsy. 

This refusal of the Jews to provide bodies sparked outcry from both the university and its students. The tension created from this conflict would play out over centuries. It is reflected, for example, in multiple recorded incidents of Padua medical students attempting to kidnap Jewish bodies to provide for the anatomy course.[29] Although we have no starting date, already in the earliest Vesalian and post-Vesalian days in Padua a compromise was struck with the Jewish community providing a hefty financial compensation to absolve them from the cadaver obligation. However, this was not a one-time incident, and the anatomy issue persisted, with frequent renegotiation of terms over the years and increased tension resurfacing periodically. Despite the Senate’s repeated pronouncements, frequently the graves in the Jewish cemetery were violated. It was not uncommon for gravely ill patients to be transported out of Padua for fear of being dissected upon their death.[30] The Jews were compelled to construct secret hiding places in the Ghetto where the bodies could be concealed until the funeral. Often, they buried the dead under the cover of night to avoid the dissection table.[31]

One would have expected to find halakhic responsa from 16th and 17th century Italy discussing this topic, but the extant halakhic literature is silent. The first cases discussing autopsy only surface in the late 18th century. We do however find reference to this ongoing issue in the Padua Jewish community archives as well as in the administrative records of the city and University of Padua. We share these documents here, many for the first time. While not enshrined in the extant responsa literature, this community response to anatomical dissection surely reflects the considered rabbinic opinion and halakhic analyses of the local Padua rabbinate, to whom the community deferred on such matters. Prominent rabbis who served the Padua community, or were connected with the medical students during the period under discussion include Maharam Padua (1482-1565), Rabbi Yehuda Arye de Modena (1571-1648) and Rabbi Yehuda Briel (1643-1722), Rabbi Dr. Isaac Hayyim Cantarini (1644-1723), Rabbi Dr. Isaac Lampronti (1679-1756), and Rabbi Dr. Shimshon Morpurgo (1681-174), among others, and it is more than likely that they were involved, to some extent, in the discussions of the Jewish community regarding the provision of bodies to the medical school. 

The Padua Jewish Community Archives[32] 1624-1626

The Jewish community archives of Padua contain at least five entries from 1624 to 1626, discussed below, which directly address the anatomy issue. Daniel Carpi, the scholar of Italian Jewish history who transcribed and edited the archives, noted that since the Jews first settled in Padua the medical students requested from the Jewish community to provide to the university a specific percentage of Jewish bodies for use in the teaching of anatomy. The Jews refused and arranged a compromise to pay an annual ransom to absolve them from this obligation. However, the tension related to this matter never ceased, be it because the university continually raised the fee, or because they sometimes would only suffice with the supply of actual corpses for dissection. 

It is in this context that a tragic incident occurred in 1624 which frightened even the non-Jewish community. A group of students, led by a young anatomy professor, interrupted a Jewish funeral procession and attempted to kidnap the body. The agreement discussed in the first archival entry below appears to come on the heels of this incident in the hopes of preventing similar occurrences in the future.

April 19, 1624 (entry #545) compromise with the students during the season/days of dissection

In that the spirit of God has enlightened the esteemed philosopher Senior Cesare Cremonin to declare freedom (from dissection) for our deceased, through the continued annual designated payment to the students of the College of Arts, generation after generation. As a result, they are obligated to allow us to properly bury our dead during the season of dissection, lest anyone fear. Any violators will be fined, and they have coordinated with us to obtain from the government permission for a required fine for all who violate this agreement in a way amenable and sufficient for our needs. The aforementioned master Cesare and Yehudah Katz have already spoken on this matter and have begun discussion regarding the amount the Jewish community is willing to pay for this privilege. Therefore, to facilitate successful completion of these dealings, which will result in a salvation for our community, we present a parti to designate two members of our community,[33] even though they are not members of the committee, to negotiate directly with the aforementioned esteemed philosopher a sum which will then be presented to the community and the committee for a majority vote. 

Subsequent entries reflect the lengthy process of negotiation, implementation, and enforcement. A follow up entry from July 15, 1624 (entry # 554) states that the negotiations had been completed and a sum had been agreed upon with the government representative. The request is to approve the amount and facilitate payment. 

 An entry in the Padua University Archives from December 28, 1624 (pictured below) sheds a slightly different light on the negotiations, which may not have been officially ratified by the university.[34]

Here the university confirms an earlier privilege granted to the Jewish community by which those Jews studying medicine were granted free access to the anatomical theater, and the corpses of deceased Jews were to be left untouched by anatomical dissections due to strong religious objections to the procedure. For this privilege the Jews paid an annual sum of 100 Venetian pounds. The entry concludes, “the final decision on this proposal was delayed until the arrival of the “perillustris domini syndic.”[35] Parenthetically, this reveals that the agreements between the Jewish community and the university regarding Jewish cadavers date back to an earlier time.

An entry in the Jewish community archives some three weeks later (Entry # 566- January 21, 1625) corroborates the delayed decision of the university. It reiterates the need to arrive at an agreement between the Jewish community and the university to prevent the taking of Jewish bodies. A maximum fee of ten Ducat is set. This may have been a counteroffer to the much higher request of 100 ducats and explains why a specific number is mentioned here but not previously. 

May 17, 1626 (Entry #616)
Yet another entry reveals a creative solution to prevent grave robbing during the semester of anatomy.

Regarding designating two community representatives with the power to negotiate with Aharon Altarini to allow temporary burial[36] on his property (for community members) during anatomy season. They are granted permission to spend as much as necessary to appease those who oppose this practice.

While grave robbing was typically done secretly under the cover of night, some claims for Jewish bodies were more brazen. The entry of November 15, 1626 (Entry # 627) mentions a disturbing incident (mikre bilti tahor) of the interference of the medical students of Padua with the Jewish funeral procession of the wife of Moshe Fano (miPano). The incident, reminiscent of earlier similar episodes, appears to have been minor and fortunately did not escalate. Nonetheless, it precipitated another plea to find a long-term compromise with the university regarding the anatomy issue.

The Decree of 1672[37]

 On November 23, 1672, there was a decree reaffirming the Jews’ exemption from providing bodies for dissection and warning those who attempt to disturb the funerals or graves of members of the Jewish community. This decree appears in Jewish and governmental documents discussed below. It is unknown to me if or whether a specific historical event precipitated this reaffirmation.

The Case of Graziadio Levi and the Riots of 1679 

Here we position the story from Cantarini’s Pachad Yitzchak, occurring over a century after Vesalius’ expansion of the field of human anatomy with its subsequent creation of major halakhic and social problems for the Jewish community and its medical students. The event described by Cantarini which transpired in 1679[38] may have been the tipping point which led to a more serious and sustained response from the university. Following the death of a young Jew, Graziadio Levi, armed students stormed the Jewish ghetto in great numbers, kidnapped the corpse and brought it to the medical school in preparation for dissection. Riots ensued[39] and much effort was marshaled to rescue the body and provide a proper Jewish burial. The incident led to the issuance of a ducal letter dated February 27 of that year which rued the incident and emphatically reaffirmed the commitment by the university to protect Jewish corpses.[40]  As we have discussed, the events surrounding that fateful night in 1679 were recorded for posterity by Isaac Hayyim Cantarini in his Pachad Yitzchak. In the context of his recounting of the Levi affair, Cantarini mentions the earlier decree from November 23, 1672, protecting the bodies of the community from dissection. 

A record of the full 1679 decree is found in the Padua Civic Archives,[41] a copy of which I procured and present below. The name of Graziadio Levi is explicitly mentioned in the decree.

Ciscato transcribed the full text of the decree.[42]

The Central Archives of the History of the Jewish People possesses yet another record of the anatomy decrees. This unadorned document is a certified “copia” of the two decrees of 1672 and 1679.[43]

This was perhaps intended for archival records as opposed to public display. 

University (Governmental) Decrees Regarding Jewish Cadavers from 1672 to 1721

The Central Archives of the History of the Jewish People possesses yet another document, even more remarkable, related to the Padua anatomy decrees.[44] It includes not only one or even two decrees, but appears to be a summary or record of multiple decrees on the subject of cadavers, anatomy training at the medical school of Padua, and the Jewish community, spanning from 1672-1721. It includes the decrees of November 23, 1672, and February 27, 1679, as well as others. Furthermore, the presentation of these decrees, as an attractive broadside with calligraphy and illustrated header, indicates that it was likely intended for public display.[45]

Conclusion

In an obscure work published in 1685, recently offered for auction, appears an account of a tragic event involving the Jewish community and the dissection of human cadavers at the University of Padua. We have placed this seemingly isolated incident into a much broader historical context, fleshing out this chapter with new supportive archival material. For hundreds of years, beginning in the late sixteenth century, the Jewish community negotiated with the university for the right not to have Jewish bodies used for the anatomy course. There is no question that the local rabbinate of Padua must have been involved in these discussions and negotiations, though to what extent remains unknown. Refusal of the Jewish community to provide cadavers for dissection created major problems for both the many Jewish medical students who attended the university as well as for the Jewish community at large. The Jewish community’s restrictive position was premised entirely on halakhic grounds and would not have been sustainable throughout this lengthy period without significant rabbinic backing and support. Thus, while the extant published literature on autopsy begins with the Noda biYehudah in the late eighteenth century, there is little doubt that the halakhic discourse on the topic of anatomical dissection began long before.[46]

[1] For general discussions on anatomy and autopsy in Jewish law, see Kalman Kahana, “The Dissection of the Dead in Jewish Law: A Bibliography,” (Hebrew) haMa’ayan 7 (Tevet, 5727), 45-72; Avraham Steinberg, HaRefuah KiHalakhah 6 (Jerusalem, 2017), 512-550; Zev Farber and Irving Greenberg, “Autopsies I: A Survey of the Debate,” in Zev Farber, ed., Halakhic Realities (Maggid Books: Jerusalem, 2017), 323-417.
[2] For a discussion of the historical context of this teshuva, see Edward Reichman, “A Tale of Two Stones,” in The Anatomy of Halakha (Maggid/OU/YU Presses, 2022),
[3] Cantarini and Lampronti share at least one thing in common. They are both graduates of the University of Padua Medical School. Indeed, the passage in Cantarini’s work upon which I draw relates directly to the medical training at the university.
[4] This incident we describe transpired years before the so-called Purim of Buda (or Padua).
[5] The description of the work is drawn from the William Gross Collection Item Description, which is reproduced in the Genazym catalogue. See also M. Heller, The Seventeenth Century Hebrew Book (Brill, 2011), 1077.
[6] On Gross and his collection, see Shalom Sabar, Emile Schrijver, and Falk Wiesemann, Windows on Jewish Worlds: Essays in Honor of William Gross, Collector of Judaica on the Occasion of his Eightieth Birthday (Zutphen: Walburg Pers bv., 2019).
[7] In Kedem’s recent auction of items from the Gross Family Collection (Auction 92, May 2, 2023) we find two items of medical historical interest, one less obvious than the other. The first item is Mikne Avram (Venice, 1523), a Hebrew grammar work written by Avraham de Balmes (Auction 92, Part 1, Lot 4). De Balmes was a physician and his medical diploma from Naples, from the auspicious year of 1492, is the oldest extant Jewish medical diploma, now housed in the Braginsky Collection. On this diploma see, Giancarlo Lacerenza and Vera Schwarz-Ricci, “Il Diploma di Dottorato in Medicina di Avraham ben Me’ir de Balmes (Naploli 1492),” Sefer Yuhasin 2(2014), 163-193. De Balmes was also a student of Yehuda Messer Leon, who has been mentioned numerous times on this blog. Less known is that De Balmes is considered to be the first physician in history to perform a human-to-human blood transfusion. His patient was none other than Pope Innocent VIII. De Balmes transfused blood from three young boys, each of whom was paid a ducat, and infused the blood into the veins of the Pope. According to different reports, the Pontiff “either died or recovered.” See H. M. Brown, “Beginning of Intravenous Medication,” Annals of Medical History 1:2 (1917). Shortly thereafter we find him working in the printing press of Daniel Bomberg.  De Balmes was an expert in Hebrew language and grammar and was sought after by Christians for instruction. Mikne Avramwas published posthumously. A scholarly edition of this work was recently published placing it in the context of contemporaneous linguistic scholarship. See Dror Ben Arye, Mikneh Avram by Avraham de Balmes (Hebrew) (Ramat Gan, Bar Ilan University Press, 2022).

The second item (Auction 92, Part 2, Lot 115) is the spectacular medical diploma of Moshe ben Gershon Tilche from the University of Padua Medical School (1687), which we discussed in Edward Reichman, “Jews, Medicine and the University of Padua: A Behind the Scenes Tour of a New Exhibit at the Jewish Museum of Padua (November 2, 2022- December 31, 2022),” Seforim Blog (https://seforimblog.com), December 1, 2022.
[8] For a lament about the sale and loss of access to great Jewish book collections, see E. Reichman, “The Lost Library by Dan Rabinowitz and the ‘Burial of Souls’ by Yehuda Leib Katznelson: Different Expressions of the Same Sentiment,” The Seforim Blog (April 3, 2019), available at https://seforimblog.com/2019/04/the-lost-library-by-dan-rabinowitz-and-the-burial-of-souls-by-yehuda-leib-katznelson-different-expressions-of-the-same-sentiment/.
[9] E. Reichman, “Samuel Vita Della Volta (1772-1853): An Underappreciated Bibliophile and his Medical ‘Diploma’tic Journey,” Seforim Blog (https://seforimblog.com), November 5, 2021.
[10] When Kaufmann transferred Mortara’s library from Italy to Budapest a number of volumes were also “lost” on the way. See Asher Salah, “La Biblioteca di Marco Mortara,” in Mauro Perani and Ermanno Finzi, eds., Nuovi Studi in Onore di Marco Mortara nel Secondo Centenario della Nascita (Firenze: Giuntina, 2016), 149-168, esp. 157.
[11] On Cantarini, see, Harry A. Savitz, Profiles of Erudite Jewish Physicians and Scholars (Spertus College of Judaica Press, 1973), 25-28; C. Facchini, “Icone in sinagoga: emblemi e imprese nella predicazione barocca di I.H. Cantarini”, in Materia Giudaica, 7 (2002), 124–144. I thank Professor David Ruderman for this last reference. Cantarini’s Jewish legal responsa were published in both Yitzḥak Lampronti’s Paḥad Yitzḥak and Samson Morpurgo’s Shemesh Tzedakah. For his correspondence with the Christian intellectual Theophilo Ungar, see Y. Blumenfeld, Otzar Nehmad 3 (Vienna, 1860), 128-50.  For the definitive work on the Cantarini family, see Marco Osimo, Narrazione della Strage Compiuta nel 1547 Contro gli Ebrei d’Asolo e Cenni Biografici della Famiglia Koen-Cantarini (Casale-Monferrato, 1875). For a comprehensive bibliography on Cantarini, see Asher Salah, La Republique des Lettres: Rabbins, Ecrivains et Medecins, Juifs en Italie au XVIIIe Siecle (Brill: Leiden, 2007), 120-124.
[12] Modena and Morpurgo, Medici, 118; see D. Ruderman, Jewish Though and Scientific Discovery in Early Modern Europe (Yale University Press, 1995), 113-114, regarding families with multiple graduates from the university.
[13] On Morpurgo, See Edward Reichman, “The Illustrated Life of an Illustrious Renaissance Jew: Rabbi Dr. Shimshon Morpurgo (1681-1740),” Seforim Blog (https://seforimblog.com), June 22, 2021.
[14] S. Y. Glicksberg, Ha-Derashah Be-Yisrael (Mosad HaRav Kook, 5700), 203-20.
[15] Ramhal wrote a eulogy for Cantarini. See R. Moshe Hayim Luzzatto, Sefer Ha-Shirim, ed. Y. Zemora (Mosad HaRav Kook, 5710), 4.
[16] This correspondence was published by Shadal. See Y. Blumenfeld, Otzar Nehmad 3 (Vienna, 1860), 128-50.
[17] Ibid.
[18] 45a- 46a.
[19] I discovered a wedding poem written a number of years earlier Graziadio (Hananel) Levi, assumedly the same person, for the wedding of Saul Lustro and Allegra Barukh in 1676. See JTS Library B (NS)CR2.
[20] The university admitted non-Catholics, which included, for example, both Protestants and Jews. On the history of the Jews and the University of Padua, see Edward Reichman, “How Jews of Yesteryear Celebrated Graduation from Medical School: Congratulatory Poems for Jewish Medical Graduates in the 17th and 18th Centuries- An Unrecognized Genre,” Seforim Blog (https://seforimblog.com), May 29, 2022; idem, “Jews, Medicine and the University of Padua: A Behind the Scenes Tour of a New Exhibit at the Jewish Museum of Padua (November 2, 2022- December 31, 2022),” Seforim Blog (https://seforimblog.com), December 1, 2022.
[21] The University of Montpellier was sporadically frequented by Jews in the Middle Ages, but does not compare to Padua, where Jews attended in far greater numbers and had their own student organizations.
[22] To be sure there were residual discriminatory practices towards the Jews at the university. In addition, while the Italian Jewish community viewed this development in a positive light, the Jewish communities in Poland and Germany were more concerned about the possible assimilation of the Jewish students and dilution and diminution of Torah study.
[23] We discuss the relationship of Vesalius to the Jews in Edward Reichman, The Anatomy of Jewish Law (Maggid/OU/YU Press, 2022).
[24] See Ciscato, Gli Ebrei in Padova, p. 297. Later documents, as discussed below, address body snatching in the Jewish community specifically.
[25] Carpi, op. cit., parti 616, discusses a request to delay burial during the season of anatomy at the medical school to preclude grave robbing.
[26] Jeffrey Levine, “Jewish History in Vesalius’s Fabrica,” September 17, 2014 (https://jmlevinemd.com/jewish-history-vesalius-fabrica/).
[27] Paul Grendler, The Universities of the Italian Renaissance (Johns Hopkins University Press, 2004).
[28] See Steinberg, Avraham Steinberg, HaRefuah KiHalakhah 6 (Jerusalem, 2017), 512-550. I realize it may be anachronistic to mention these specific halakhic concerns or formulation, as these were developed later in history starting with Rabbi Yechezkel Landau. Nonetheless, they are halakhic prohibitions and obligations that apply to dissection.
[29] For more on the history of anatomy and graverobbing in rabbinic literature, see Edward Reichman, The Anatomy of Jewish Law (Maggid/OU/YU Press, 2022).
[30] This practice might have violated the prohibition of moving a goses, the halachic equivalent to a “dying person.” A similar question was posed to Rabbi Moshe Stern: Could one move a critically ill patient out of the hospital for fear that, upon his death, his body would be taken for autopsy and dissection without family consent? Rabbi Stern ruled in the negative. See his Be’er Moshe 8, nos. 239, 240, 241, 243. Likewise, Rabbi Moshe Lemberger was asked whether a Kohen physician could expose himself to tum’ah in order to establish cause of death and prevent a likely autopsy. Rabbi Lemberger argues that the Kohen must do so, as this case is akin to a met mitzvah (one who dies without family or friends to bury him). See Lemberger, Ateret Moshe, Yoreh De’ah 2:244.
[31] Hebraische Bibliographie 16 (1876), p. 37.
[32] See Daniel Carpi, Minutes Book of the Council of the Jewish Community of Padua Volume Two: 1603-1630 (Israel Academy of Sciences and Humanities, 1979). All references to the Padua Jewish community archives are from this source. I thank Pia Settimi for kindly bringing these documents to my attention. See also Ciscato, 209-212.
[33] According to Pia Settimi, one of these was Avraham Catalano, who would later coordinate the community response to the plague in Padua in 1631 and author the diary Olam Hafukh about the experience.
[34] ASUPd, ms. 655, f. 13r. I thank Francesco Piovan, Chief Archivist of the University of Padua Archives, for procuring a copy of this document for me.
[35] I am unsure to whom this refers.
[36] The idea of temporary burial was suggested and debated by some prominent rabbinic authorities in the nineteenth century regarding the situation in Cincinnati, OH where graverobbing was rampant. See Reichman, Anatomy of Jewish Law, op. cit., 223-226.
[37] See below for discussion of this decree.
[38] Cantarini lists the Hebrew date of the event as 17 Shevat, 5440. Standard Hebrew date converters place this in 1680, but the Italian decrees all clearly place the year at 1679.
[39] There were broader political issues at play during these riots which are discussed by Cantarini.
[40] See Ciscato, Gli Ebrei in Padova, pp. 299–300; Hebraische Bibliographie 16 (1876), 37. The latter reference discusses an unpublished manuscript by Chaim (Vital) Moshe ben Elisha Cantarini that details this incident. I have been unsuccessful in locating this manuscript. Cantarini, member of an illustrious Italian family comprising many rabbi/physicians, graduated from the medical school in Padua and apparently taught in a yeshiva there as well. As discussed in this essay, this incident is described in great detail by his relative Isaac Chaim Cantarini in the latter’s Pachad Yitzchak.
[41] Archivio civico antico Ducali volume 13 carta 3r. I thank Antonella Ortis for her assistance in procuring this document.
[42] Ciscato, 299. The date of this decree is February 27, 1679. He lists the location as Ducali, Reg. N. N. 123 c. I r.
[43] Ducale: Che sia conservata agli ebrei la facoltà di eseguire le sepolture secondo il loro rito (Emessa in seguito alle proteste degli ebrei contro gli studenti di Anatomia). IT-Pa-47-ovs, Padova – Jewish Community 1679. I thank Ariel Viterbo of the National Library of Israel for bringing this document, as well as the others from the Central Archives, to my attention, and I thank Yochai ben Ghedalia, Yael Franklin and Tami from the Central Archives of the History of the Jewish People for so kindly providing copies of these documents.
[44] 206 Pergamena interessantissima concernente le violazioni di cadaveri degli israeliti che si permettevano gli studenti col pretesto  degli studi anatomici ” =IT-Pa 126 ovs. This broadside does not appear to have been mentioned by Ciscato or Roth, though the decrees were known to them. The Central Archives has another catalogue entry on the dissection of Jewish cadavers in Padua- Sulle violazioni dei cadaveri degli israeliti che si permettevano gli studenti col pretesto degli studi anatomici.  Archivio della Comunità di Padova, n. 206. 8 frames. HM-5157. This is a (poor) microfilm copy of the above broadside, thought the Archives does not identify it as such.
[45] Though he had not seen this document before, Francesco Piovan, the Chief Archivist of the University of Padua remarked, “As far as I can tell from the image, it’s just a summary of laws and decrees. Such summaries (even in print) of private documents and legal norms were quite normal: they can be found, for example, in processual documents. The interesting fact is that your document looks like a kind of ‘manifesto’ (placard), written in beautiful handwriting, and perhaps to be displayed, hung in a frame or fixed on a wooden tablet. In short, it seems destined for public viewing.”
[46] As a postscript, despite the religious limitation of providing bodies for dissection, there was at least some evidence of the interest and fascination amongst the Jews with the new discipline of human anatomy. When Padua’s anatomical theater was first built in 1595, the benches were not only occupied by the registered Jewish medical students, there is record of Jews from the community (non-students) attending dissections. See Cynthia Klestinec, “A History of Anatomy Theaters in Sixteenth Century Padua,” Journal of the History of Medicine and Allied Sciences 59:3 (2004), n. 74. Furthermore, years after the publication of Pachad Yitzchak, when a young Abraham Levi was visiting Padua on his travels, his guide, our very same Rabbi Dr. Isaac Cantarini, as part of showcasing the highlights of the community, included a visit to an anatomy lesson where a cadaver was dissected. Shmuel Feiner, The Jewish Eighteenth Century: A Jewish Biography, 1700-1750 (Indiana University Press, 2020), 242.




R. Shlomo Yosef Zevin and the Army, and Joe DiMaggio

R. Shlomo Yosef Zevin and the Army, and Joe DiMaggio
by Marc B. Shapiro

1. There is a lot of talk these days about haredim serving in the army. Understandably, the famous essay of R. Shlomo Yosef Zevin has been cited. In this essay, R. Zevin rejects the notion that yeshiva students shouldn’t have to serve.[1] The essay used to be found at http://www.hebrewbooks.org/32904 but it was removed, together with other “problematic” books. (You can see evidence of it having been on hebrewbooks by this archive.org snapshot of the page.)
Here is the essay in its entirety.[2]

 

You can find an English translation here.
In my series of classes on R. Zevin at Torah in Motion, I discussed this essay and stated that while the sentiments expressed in it are wonderful, I am aware of no evidence that R. Zevin actually wrote it. People say he wrote it but that is not evidence. I also stated that it is not even accurate to say that everyone assumes he wrote it, since his family denies his authorship. That, at least, was the impression I was under.
David Eisen participated in the classes (which were from 4-5am Israel time!), and after hearing what I said decided to pursue the issue further. I am grateful for his research. Here is the first email he sent to me on the topic.

I surfed the web a bit and came across the following website created by Hanan Zevin, R. Zevin’s great-grandson dedicated to R. Zevin and that includes many of his writings: http://ezevin.com/. As the site made no reference to the article from 1948, I contacted Hanan via the e-mail address on the site (see attached).
I just received a phone call from Hanan’s father, [R.?] Yaakov Zevin, who told me that Hanan had forwarded my e-mail to him to respond to me. I subsequently saw that Yaakov also has a website with his own hiddushim on parashat hashavua and the holidays (http://jzevin.com – the cell phone on the website is the same number that called me; interestingly, Yom HaAtzmaut and Yom Yerushalayim are included in the list of holidays and the divrei Torah are quite cynical). He called to tell me that he did not wish to respond in writing as this indeed is a very sensitive matter to the extended family, yet he felt a need to not simply ignore my e-mail. In short, he would not outright confirm that his grandfather indeed wrote the article and repeatedly told me that “if ‘ahad harabbanim’ decided not to disclose his name, he must have had very good reason to do so, yet the authorship of the article is apparent to anyone who is sensitive to the ‘signon’ of the writing in the article.” In other words, he led me to believe that R. Zevin indeed wrote the article but wished to state that “whoever” wrote it had very good reason to have written it anonymously.
I proceeded to ask him if indeed his grandfather ever addressed the question of the article’s authorship, yet he evaded that question. I also told him that the catalog of the Israel National Library attributes his grandfather as the author (see here) and he simply said that indeed this is what is widely accepted but the family does not confirm this. I told him that I heard that his brother, R. Nahum, denies that his grandfather wrote the article, yet he wished to say that he simply does not confirm that their grandfather wrote the piece. I mentioned the Hapardes article that R. Zevin wrote in 1973 (attached is the journal) where he sharply attacked the Mafdal party for supporting the draft of yeshiva students as if to ask if this contradicted the 1948 article, and he simply responded by saying that his grandfather’s views were relevant for each context in which they were made. Personally, I do not see a contradiction either as the war of 1948 was indeed an existential battle for Israel’s survival and its extremely limited and untrained military as opposed to the radically improved situation that existed 25 years later, post-67.
I suggested that Eisen call R. Nahum Zevin, the grandson of R. Shlomo Yosef, and here is the lengthy email he sent me. It is an important document and deserves to be placed in the public sphere.
I just had a lengthy call with R. Nahum Zevin; though we never spoke with one another before, I was very pleased with his accessibility and willingness to speak to a complete stranger on the phone (he answered the phone himself), and above all, I was most impressed by his honesty and candor, which he seems to have inherited from his grandfather.
He wished to clarify that neither he nor anyone else in his family denies that his grandfather wrote the 1948 pamphlet לשאלת הגיוס של בני הישיבות; I did not mention your name, but simply told him that it recently became known to me that the family denies the attribution to him and that this flies in the face of what I grew up upon as a product of Religious Zionist yeshivot and my great admiration for R. Zevin’s writings. He simply said that the family had absolutely no indication that he wrote the pamphlet and proceeded to present the following facts:
1. Of all the grandchildren, he was the closest with R. Zevin, and he went through all of his grandfather’s writings and had a major role in publishing R. Zevin’s posthumous works. He says that he meticulously went through his grandfather’s study and never found a copy or any draft of this pamphlet among the many manuscripts he found in the house.
2. The attribution of this pamphlet to his grandfather was made only years after his grandfather’s petira in 1978. The first time he had heard about this attribution was during the early 1980s from R. Menahem Hacohen when he was still an MK in the Labor party. As such, no one in the family had the opportunity to discuss it with his grandfather. He said that if anyone would have known about his grandfather’s authorship of the article it would have been his father, R. Shlomo Zevin’s only son, yet he told him that he also first heard about this attribution only after his father passed away.
3. He referred to the article entitled אל תגעו במשיחי that was published in 1973 on the heels of the Mafdal’s decision to support drafting yeshiva students. I told him that I am very familiar with that article published in the Iyar 5733 (47:8) edition of Hapardes[3] he told me that he just happened to have a copy of that article on his desk as we spoke yet was unaware of its publication in Hapardes as it was first published on the 12 Adar 5733 edition of Hatzofe and that he (R. Nahum) was the one who personally delivered the text of the article to the editorial staff of Hatzofe. He said that this article created a veritable earthquake in the Dati Leumi camp, and R. Zevin was greatly attacked on the pages of Hatzofe and other related media over the proceeding weeks and months, yet despite the voluminous criticism no one mentioned the pamphlet as if to show that R. Zevin had radically changed his views. I responded that I, too, had the very same question yet nonetheless did not see these two articles as contradicting one another given the existential threat facing the nascent State of Israel as sharply opposed to the hubris-filled post-6 Day War era and preceding the sobering aftermath of the Yom Kippur War that took place half a year later. He agreed with the distinction, yet [to my mind, correctly] noted that had it been known that R. Zevin wrote the 1948 pamphlet it is impossible to think that this connection would not have been made by the numerous pundits.
Apropos the article that originally appeared in Hatzofe and R. Menahem Hacohen’s assertion that his grandfather wrote the pamphlet, R. Nahum told me that there was a good deal of criticism against his grandfather’s article against drafting yeshiva students in the Dati Leumi magazine Panim el Panim. R. Nahum said that he contacted R. Menahem Hacohen after he attributed the pamphlet to his grandfather and reiterated the point that none of the critiques in Panim el Panim mentioned the apparent about-face from 1948, and noted that the editors of Panim el Panim were none other than his brothers, R. Shmuel Avidor Hacohen and R. Pinhas Peli. That said, I probably misunderstood the reference R. Nahum made to Panim el Panim as according to Wikipedia, the magazine was discontinued in 1970, three years before the publication of R. Zevin’s article against drafting yeshiva students.[4]
4. Beyond all of the above points, R. Nahum said that what makes the attribution puzzling is the fact that his grandfather was never reserved about his beliefs, and that it makes no sense to him that he would have published that pamphlet anonymously. After all, his highly positive views on the State of Israel and annual celebrations of Yom HaAtzmaut were well known. He told me that he was so closely linked with the Mizrahi party that he remembers up to the 60’s that R. Zevin would affix his signature along with R. Meshulam Roth and R. Zvi Yehuda Kook on endorsements prior to elections to vote for the Mafdal party (and its Mizrahi and Hapoel Hamizrahi precursors). He also mentioned the parenthetical phrase of “ואשרנו שזכינו לכך” in Moadim B’Halakha with respect to the establishment of the State of Israel and the suggestion that one is no longer required to perform qeriah on Arei Yehuda, and that when it was removed from the English translation (and perhaps a subsequent Hebrew edition).[5] This was used to claim that he no longer held these positive feelings towards the Medina, but R. Nahum utterly rejected this assertion as wholly false and that he never changed his views in this regard.
5. That said, and similar to what his brother Yaakov told me, he said that one cannot avoid comparing the writing style of the pamphlet with R. Zevin’s unique and eclectic writing style; moreover, he said the substance and analysis of the Torah reasoning in the pamphlet is indeed very similar to his grandfather’s Torah writings and very good Torah indeed. R. Nahum clearly has no agenda and was completely honest in saying that this could very well have been written by his grandfather though there is no proof to this effect, and he acknowledged that לא ראינו אינו ראיה so the fact that the family has not found the existence of any manuscripts showing that he wrote the kuntres certainly does not constitute cogent evidence that he did not write it. 
I must agree that if indeed no attribution to R. Zevin was made until after he passed away, then this is a major hurdle to address, and while I appreciate his cautious approach in refusing to conclude one way or the other, it seemed to me a bit naive on R. Nahum’s part to think that it was implausible for him to have written this piece anonymously; I remind you of what his brother, Yaakov Zevin, told me that there is no doubt as to the similar writing styles and that if the author felt a need to write it under the pen name of “אחד הרבנים” he must have had very good reason to do so (shiddukhim, etc.?).
As R. Nahum claims that he first heard the attribution from R. Menahem Hacohen who is alive and well, I guess the next step in delving deeper into this investigation would be to contact R. Hacohen himself. What do you think? If I had the time, which I certainly do not, then I would think that it would make sense to find the first time the pamphlet became attributed to R. Zevin in Israeli newspapers and other writings and track down the paper trail.
Some time later I received the following email from Eisen, which only thickened the plot.
I just came back from the Bat Mitzva party of Naama Rosenbaum, Prof. Zvi Yehuda’s granddaughter, whose daughter, Talli, is a very good friend in my Bet Shemesh neighborhood (unfortunately her father was unable to make the trip to Israel from Florida due to an extended illness). The paternal grandfather of the bat mitzvah girl is Irving Rosenbaum Z”L, the founder of Davka Software and who was very friendly with R. Menahem Hacohen, who attended the party this evening. I seized the opportunity to ask him about the attribution of the 1948 essay to R. Zevin. I actually began the conversation by asking him if he is familiar with you, and his eyes lit up and he said, “Yes, he e-mailed me twice in the past few years… though I forget what it was he contacted me about.” When I then mentioned that R. Nahum Zevin claims that R. Hacohen is the one who attributed the essay to his father only after R. Shlomo Zevin passed away, he then confirmed that it was precisely on this issue that you had approached him.
He quickly got to the heart of the matter and said that he had held in his hands an original copy of the essay and said that there was no question that R. Zevin was the author, though he said that he has misplaced the copy and had no proof to substantiate his assertion. He did say that R. Nahum is incorrect in saying that the attribution to his grandfather was made only after his grandfather passed away and that he had already seen the letter in the early 70’s when he was working alongside R. Goren; and that he believes that R. Zevin himself was asked to confirm that he indeed wrote the letter. In R. Hacohen’s words, R. Zevin neither denied nor confirmed that he wrote the letter inasmuch as R. Nahum essentially says the same thing, yet R. Hacohen added that R. Nahum at the time had (as he still has today) an agenda to disassociate himself from the position taken in the 1948 essay as he is well ensconced in the haredi rabbinate. That said, I told him that R. Nahum’s “proof” by omission that in all the criticism levied against his grandfather’s “Al Tig’u BiM’shihai” by religious Zionists, the fact, as he claims, that no one had noted the seemingly about-face that he had made from the essay he supposedly penned 25 years earlier, was pretty compelling to me. He responded by reiterating that R. Nahum’s allegiances render him unable to confirm what R. Hacohen maintains is the simple truth and that he unfortunately does not have any documented proof regarding R. Zevin’s authorship. He also rebuffed the claim that R. Nahum knows everything that his grandfather had written and preferred Yaakov Zevin’s nebulous formulation that the person who wrote that essay must have had good reason to have done so anonymously. With that, we parted.
So, it seems to me that in order to forge ahead on this issue, it remains vital to read the reactions to the Panim el Panim article along with those generated from R. Hacohen’s assertion made when he was a Labor MK.
Here is Eisen’s fourth email to me, which I believe also raises questions about the attribution of the essay to R. Zevin. At the very least, it discounts the notion that this attribution was widely known, which raises the problem as to when and why people started attributing the essay to R. Zevin.
I have additional information that I have been meaning to write to you after spending a number of hours at the National Library going through the 1972-1973 issues of Panim el Panim and the lengthy articles that appeared in the secular (Yediot, Maariv, Haaretz and Davar) and religious newspapers (Hatzofe, Yated and Hamodia) during the 30 month period following his [R. Zevin’s] passing between February to March 1978. In short, I found NO reference to this article in any of the many articles in which his position against drafting the haredi yeshiva students was discussed following his fiery speech delivered before the members of the Chief Rabbinate Council on the heels of the Mafdal’s support of legislation to draft yeshiva students. . . . I then spoke with one of the chief librarians at the National Library asking what is the basis for its attribution of this article to R. Zevin and when was it made. He made an inquiry and said that the attribution indeed was made many years ago (he believe it goes back to the 60’s though he had no documentation to substantiate this).
In his fifth email, Eisen wrote as follows:
            On the R. Zevin authorship controversy, I had some meaningful conversations on Friday with Prof. [David] Henschke, who put me in touch with his hevruta at Yeshivat Hakotel, R. Yossi Leichter, who is a senior librarian at the National Library, who in turn put me in touch with R. Yitzhak Yudlow, the now retired head of מפעל הביבליוגרפיה הלאומית that was likely the body that attributed the article back in the 60’s to R. Zevin, and he put me in touch with R. Nahum Neria who said he is quite certain that his father [R. Moshe Zvi Neria] told him that R. Zevin indeed was the author and that he would look through his papers and asked that I follow up with him this week. R. Neria also suggested that I contact R. Shear Yashuv Cohen, which I intend to do tomorrow. In short, none of them had any solid information. David Henschke looked into the matter out of curiosity many years ago and concluded that the attribution made by the National Library was made years before R. Zevin passed away and reliable. . . . It seems that that the first time the article was reprinted with the R. Zevin attribution was back in 1980 in a thin booklet of articles compiled by Dr. Yehezkel Cohen, the founder of נאמני תורה ועבודה. Unfortunately, he passed away this past Sukkot, and as someone who devoted a great deal of research on the topic of military exemptions for yeshiva students and actively worked to stem this tide, he is someone who would have been a vital source. I may call his wife for any leads, especially since he was attacked by R. Mordechai Neugorschel in his polemic haredi work entitled “למה הם שונים” for making this attribution when he claims that there was no way that R. Zevin could have written the article given his impassioned speech delivered in 1973 and the fact that no one noted the change in his position from 1948 as noted by R. Nahum Zevin. When Tradition translated the article into English in 1985, they credited נאמני תורה ועבודה as being the original source for attributing the article to R. Zevin in 1980, see here. Truth be told, when Yehezkel Cohen reprinted the 1948 article, he made a point to also include a photocopy of the National Library’s catalog entry as if to show that he was preceded by the National Library in making this attribution.
Here is Eisen’s final email to me on the topic.:

           I just got off the phone with Eliyahu Zevin, 60, the youngest brother of Yaakov and R. Nachum (their father, Aharon, had 3 sons and he passed away in 2006; R. Zevin also had 1 daughter, Shoshana, but I have not been able to track down her family), who is an attorney in Tel Aviv. I believe he is religous-Zionist. He told me that he is certain that his grandfather was not the author of the 1948 article, again, based on his clearly-stated position in 1973, though, he then greed with me that 1948 was an entirely separate matter relating to an existential threat upon the state and the thrust of the article relates only to sugyot of pikuah nefesh and whether or not talmidei hakhamim require protection, without addressing the separate question of whether or not full time yeshiva students should receive an exemption of a military draft. He had no idea what was the source of the attribution to his grandfather and simply said that the similar “signon” of the writing is likely what caused this attribution to be made. I did not discuss with him the fact that I spoke with his other 2 brothers and specifically did not tell him that his oldest brother, Yaakov, led me to believe that his grandfather indeed wrote the article yet had “good reasons” to publish it anonymously.

Regarding the essay and its attribution to R. Zevin, R. Chaim Rapoport has commented to me that since the essay has two references to Shulhan Arukh ha-Rav, this too would seem to point to R. Zevin’s authorship. There is little doubt that in this sort of essay only a Habad author would refer to Shulhan Arukh ha-Rav.

In his research, Eisen discovered this interesting interview with R. Zevin and his son and grandsons that appeared in Maariv, July 31, 1970. 

  

I thought that I found proof for R. Zevin’s authorship in the Torah journal Yagdil Torah, the last Torah journal  published in the Soviet Union. The first issue of this journal appeared in 1927 edited by R. Yehezkel Abramsky. The second and last issue appeared in 1928 edited by R. Zevin. In the table of contents there are some contributions by אחד הרבנים. Could this be proof that R. Zevin used this pseudonym already in the 1920s? It turns out, however, that אחד הרבנים in this issue of Yagdil Torah is actually R. Abramsky, and this information has been inserted in the reprint of the journal that is found on Otzar ha-Hokhmah.

 

Surprisingly, however, the person who inserted this information apparently did not know what to make of the pseudonym ב”מ-ו עזפמט. It doesn’t take much imagination to see that in atbash this equals ש”י-ף זעוין. See Aharon Sorasky, Melekh be-Yafyo ((Jerusalem, 2004), pp. 188-189. See also ibid., p. 241 n. 12, for another time when R. Abramsky signed an article אחד הרבנים.


Finally, here is something very nice put together by Yisrael Kashkin. Most of the great rabbis included were what we can call card-carrying Religious Zionists, and the remaining few were positively inclined to the movement. Not surprisingly, R. Zevin’s picture is found here. Kashkin informs me that anyone interested can order framed 8.5 x 14″ and laminated 8.5 x 14″ copies. The former are meant for a wall and the latter for a Succah. He can prepare and ship the frames for $25 and the laminated for $10. You can contact him at yisrael@email.com. I recommend that every Modern Orthodox school order an enlarged copy in order to hang it in the hallway.
2. Many people wanted to hear more from R. Mordechai Elefant, late Rosh Yeshiva of the ITRI yeshiva, but first, here is his picture.

And now, R. Elefant speaks:
I called Sholom Spitz in Queens the other day. I gave him the phone number of Joe DiMaggio’s secretary, Nick Nicolozzi, and I asked him to wish Joe DiMaggio well from me. Five minutes later he called me back to say that they announced on the radio that he died.
Joe and I were very good friends. I met him through a man from Miami named Kovins, a wealthy man, big in the construction business. He met DiMaggio through Nicolozzi, who had worked in a Sheraton hotel he owned in New Jersey. To make a long story short, I became a partner in the Sheraton. It was a 520-room hotel. Joe, Kovins, and I each had a third. I didn’t buy it. I had made a deal and got it as an agent’s fee. There were halachic problems involved concerning the operation of the hotel on Shabbos, so I wanted to unload it, and I talked Joe into it.
Joe DiMaggio had a suite on the fifth floor of that hotel called ”The Joe DiMaggio Suite.” Rav Zelig Epstein, one of the great Talmudists of our day, came to see me when I happened to be staying on the fifth floor of that hotel. We’re walking along the corridor when out steps Joe. So I introduced Rav Zelig Epstein to Joe DiMaggio. He knew who DiMaggio was. He’s a very intelligent man.
Two years ago when I was sick in bed I got a letter from Joe. There was a picture of him in the paper with a big yarmulke. He sent the accompanying article. Mel Allen died, so he went to the memorial service in the synagogue. Joe writes me, “I did it for you, Rabbi.” He wore the yarmulke just for me.
Joe was from the old days. He was born in America, but had a European sensibility. He never went to school but he had style and he was smart. He wasn’t good looking, but he had great charm. He gave me an autographed copy of his autobiography. He hated the Kennedys. He claimed they killed Marilyn Monroe. It wasn’t a normal husband and wife relationship between them. He was like Marilyn’s patriarch.
They didn’t make big money in baseball in his day, but he would do a lot of advertisements. Joe loved a dime because it wasn’t a nickel. He’s from a place called Hackensack [not true – MS] and he came up the hard way.
I saw the respect people would give. It was like they give Rav Shach (one of the most esteemed rabbis in Israel). I said to him, “You’re nothing but a little wop. I’m the chief rabbi of Bethlehem. They don’t give me the kind of respect you get. And they pay you fifteen or twenty thousand dollars just to come to a party.” It was said in a spirit of good humor. Joe wasn’t offended. He said,  “One day I’ll explain it to you.”
Once I was at the hotel in New Jersey, and he said to me, “Rabbi, I have to go to the Super Bowl. Come along.” I didn’t know what Super Bowl meant at the time. Naturally, I paid for his ticket. He loved that. He took me into a fancy hotel on Wilshire Boulevard, into a big ballroom. All the chairmen of the big companies were there. Carl Icahn was there. They had come in for the Super Bowl. Joe was paid to just be there. He walks in, and they all stand up for him, just like for Rav Shach. I can’t imagine what went through their minds when they saw me together with Joe. He said to me, “You see, I’m not just a little wop.”
One Sunday morning he comes into my hotel room – it’s right across from his – and says, “Rabbi, turn on the TV at 2:00 today.” I asked him what’s going to be on. He says, “You’ll see.” He went to Washington on the shuttle. He was invited to meet Gorbachev by President Reagan. Reagan had been a baseball announcer and he was a great fan of DiMaggio’s. Reagan asked him to sign a ball for Gorbachev. Joe tells him, “No problem, Mr. President, but let’s make that three baseballs, one for each of us, and all three of us will sign them.” This is all on TV.
He comes back at night and shows me the ball. I said, “Joe, give it to me.” He said, “Are you crazy, You know what that’s worth?” He did give me ten balls with his autograph. I gave them to children of friends. They would go wild over them.
When Joe was on that trip to Washington, he was on the White House lawn. Everybody gathered around Joe and left Reagan standing alone. I saw it on television. But Joe was so smart. He stepped back and stood next to Reagan. He didn’t want to show that he’s above Reagan. He was humble.
I would sit with him in the lobby of a hotel and people would stand in line to get his autograph. He was really an aristocrat. He was a pleasure to be with.

3. In case anyone is interested, for some reason Amazon is now selling my book Between the Yeshiva World and Modern Orthodoxy for the low price of $16.63. This is a 33% discount.. 
           
Notes
       
[1] I don’t want to go into the matter in too much detail in this post, but I think there has been a lot of confusion in recent months regarding the issue. While the current controversy is often portrayed as the haredim insisting that yeshiva students not be required to serve in the army, my sense is that this is a distortion. It appears to me that the mainstream haredi position in Israel is that no haredi should have to serve, even if he is not in yeshiva and even if his service would be in a haredi unit. In this mindset (which appears to be slowly changing), the rest of the population’s primary purpose is to monetarily support and protect (and if necessary die for) haredi society, while haredi society has no reciprocal obligations and for those in yeshivot not even any financial obligation to support their own children, as this obligation falls upon the population at large which provides the money for welfare payments. (The existence of haredi hesed organizations that also assist non-haredim does not affect my assumption, as I am speaking here about obligations.)

R. Samson Raphael Hirsch wrote (Collected Writings, vol. 7, p. 270): “Judaism believes that a truly viable state cannot be founded solely on collective power or individual need; it must be based on a sense of duty shared by all and on a universal respect for human rights.” (emphasis added) As for the obligation of fathers to support their children, the Shulhan Arukh, Even ha-Ezer 71:1 writes:
חייב אדם לזון בניו ובנותיו עד שיהיו בני שש אפילו יש להם נכסים שנפלו להם מבית אבי אמם ומשם ואילך זנן בתקנת חכמים עד שיגדלו
Seeing the terrible mess Israeli haredi society has created for itself, in which the leadership purposely keep the masses poor and unskilled in the name of ideological conformity (of course, the Knesset members pushing this agenda make a very nice salary, and see this unbelievably sad story about the forced shut-down of a part-time kollel for those who were also working), I thought of R. Samson Raphael Hirsch’s words in a letter he wrote in 1849 while he was rabbi in Nikolsburg (see Ha-Rav Shimshon Raphael Hirsch: Mishnato ve-Shitato [Jerusalem, 1962], p. 337). What he says is neither complicated nor profound, but its value is that it reminds people of what happens when you ignore and even reject the clear teaching of our Sages, who always assumed that not everyone is suited for only Torah study:
ואם שבר בת ציון תעלה על לבך, וראית כי אחת היא מחלתינו ובאחת תעלה ארוכתינו, היא עזיבתנו תורת חכז”ל הצוחת ועומדת מימי קדם: יפה תלמוד תורה עם דרך ארץ ואם אין תורה אין דרך ארץ, ואם אין דרך ארץ אין תורה, ומאז מאסנו לשמוע דברי חכז”ל האלה באמת דרך ארץ שלנו חסר יראת ה’, ואנשי התורה יכשלו רגליהם במעגלי דרך הארץ. והנה רק יגיעת שניהם משכחת עון ויבור רוח הטומאה מבינינו, ופרידתם השכיחה שניהם הדרך ארץ והתורה מבני דורנו
See also my post here where I quoted R. Aharon Leib Steinman’s advocacy, and idealization, of haredi poverty (which by definition means that the welfare state [which in some ways is even worse than the nanny state] will have to provide financial support, which in turn means higher taxes for what is nothing less than enforced charity on behalf of able-bodied people).
In the future, I think people will look back and realize what terrible mistakes the haredi leadership made. Just a few years ago it was obvious that changes were needed and rather than take the bull by the horns and institute these changes and thereby control the direction, the leadership did nothing, meaning that when changes came it was the non-haredim who were in charge. Haredi Judaism, like its pre-haredi predecessors, is completely reactive, never proactive and thinking ahead. It was this trait that led Isaac Breuer to become so disillusioned with Agudat Israel, as he describes in his autobiography. It was also this lack of proactivity that in the early nineteenth century let Reform grow in Germany and in later years allowed secularism to grow in Eastern Europe. Just think about how many young women left traditional Judaism before Beis Yaakov was established, and then consider how many could have been saved if instead of creating Beis Yaakov as a reaction to the widespread defections, it had actually been created thirty years prior by people thinking ahead and acting proactively (traits that while found among German rabbis and R. Israel Salanter, are very hard to find in a traditional conservative society).
My own opinion is that the haredi community has no one to blame but itself for the situation it is in. Much of the ill-will could have been avoided by taking appropriate steps years ago. For example, the haredi community in Israel is the recipient of an enormous amount of what in the U.S. we call “entitlements” (a crazy term if there ever was one). Yet they have never shown any appreciation for this. They are protected by the Israeli army, and yet they refuse to express any thanks for this or say a prayer for the soldiers. Think how public opinion would have been different if the haredim in Israel had acted like American haredim. Just think how people in Israel would view the haredi community if, when the rockets started falling in certain places, instead of yeshivot leaving, young men came to these cities precisely in order to learn Torah. Imagine how people would have reacted if great yeshivot devoted days of Torah study specifically in the merit of the soldiers, or if yeshiva students en masse attended funerals of soldiers, or visited wounded soldiers in the hospital, or paid shiva calls to grieving families to let them know how much they value the sacrifice of those in uniform. Just think how much better the haredi situation would be at present if in past years the haredi community as a whole had simply shown that it cared about what was going on in the rest of the country. One would have thought that this approach would have been followed if only from a purely utilitarian perspective, but again, as Isaac Breuer pointed out, being proactive in meeting challenges has never been a strong point of this community.
A number of years ago I asked someone in Merkaz ha-Rav how his yeshiva differed from the haredi yeshivot, since in both yeshivot one could find people learning instead of going to the army. He replied that there is a great difference since in Merkaz those learning are doing so for the sake of the nation, while in the haredi yeshivot those learning are doing so for themselves. I can’t say how true this statement is, but I mention it to show the sentiment that existed even twenty years ago.

Since I mention Merkaz, let me also note two little known facts that would be unimaginable today. For a long time there was a special shiur given by R. Zvi Yehudah Kook in his home for students and graduates of the Chevron yeshiva. Also, for one winter “zeman” R. Shlomo Zalman Auerbach gave a shiur for students of the highest class at Kol Torah together with students of Merkaz (and it was the Merkaz students who took the initiative in organizing the shiur). See R. Yitzhak Sheilat, “Mi-Seridei Dor ha-Nefilim” in Itamar Warhaftig, ed., Afikei Yehudah (Jerusalem, 2005), p. 18.

Two more points about haredim and the army: (1) There have been some incidents of violence directed against haredi soldiers from extremist haredim. This is not unexpected and one can expect more of this in the future, and it also has historical precdent. See e.g., Degel Mahaneh Ephraim (Elitzur Memorial Volume; Bnei Brak [2012]), p. 304, regarding how a group of Ponovezh students beat up one of their co-students who joined the Irgun. This led to the beaten student entirely abandoning religious life. (2) I might have missed it, but in all the haredi attacks on efforts to draft haredim, I haven’t seen anyone cite Nedarim 32a which states that Abraham was punished and his descendants doomed to Egyptian slavery “because he pressed scholars into his service, as it is written, He armed his dedicated servants born in his own house (Gen. 14:14).”

Regarding the haredi stress on Torah study above all else (and certainly army service) a reader called my attention to R. Hayyim Kanievsky, Derekh Sihah, vol. 2, p. 300, who explains why at a circumcision we speak of raising a boy  to “Torah, huppah, and ma’asim tovim.” Shouldn’t “ma’asim tovim” come before “huppah“? R. Kanievsky explains that before marriage the young man should only be focused on Torah, nothingelse. Ma’asim tovim, i.e., hesed, can come after marriage, but should not interfere with a young man’s intensive Torah study..  

[2] In the original publication, the author was identified as אחד הרבנים. Saul Chajes, Otzar Beduyei ha-Shem (Vienna, 1933), p. 20, identifies this pseudonym as belonging to R. Isser Zalman Meltzer, and refers to its use in Yagdil Torah, the journal published by R. Meltzer and R. Moses Benjamin Tomashoff. Chajes does not offer any source for this identification. If correct, it would be tempting to see R. Meltzer as the author of the essay we are discussing. He was part of the circle of R. Kook, and later R. Herzog, and his positive attitude towards Zionism is well known.
With regard to R. Herzog, there is a good deal that could be cited about their close relationship. R. Meltzer’s admiration of R. Herzog entered the halakhic realm as well. See e.g., his 1939 responsum in R. Hananyah Gavriel, Minhat ha-Hag, vol. 1, Even ha-Ezer no. 8, where R. Meltzer makes his ruling dependant on the concurrence of R. Zvi Pesah Frank and ידידי הגאון הגדול מוה’ יצחק אייזיק הלוי הרצוג שליט”א הרב הראשי לאה”ק
Nevertheless, any identification of R. Meltzer as the author of the essay attributed to R. Zevin would be incorrect for the simple reason that Chajes was mistaken in stating that אחד הרבנים was R. Meltzer. In Yagdil Torah 9 (1917), p. 136, R. Tomashoff reveals that אחד הרבנים was R. Isaac Jacob Rabinowitz of Ponovezh.
Let me make a few more comments on R. Meltzer: According to an unpublished collection of Brisker stories in my possession, R. Hayyim Ozer Grodzinski opposed R. Meltzer’s selection to the Agudah Moetzet Gedolei ha-Torah since אינו תוקף בדעת, פעם אומר כך ופעם כך
Moshe Tzinovitz, “Gadlut ve-Amkut,” in Pinkas Kletzk (Tel Aviv, 1959), p. 46, claims that R. Meltzer was a member of Nes Tziyonah, the secret Hovevei Tziyon society in the Volozhin yeshiva. Tzinovitz was an expert on the Lithuanian yeshivot and presumably his information is accurate. However, I can find no reference to R. Meltzer in Yisrael Klausner, Toldot ha-Agudah Nes Tziyonah be-Volozhin (Jerusalem, 1954) or in Yedael Meltzer, Be-Derekh Etz ha-Hayyim (n.p., 2006)..
R. Meltzer’s outlook when it came to Zionism was obviously much different than that of his son-in-law, R. Aaron Kotler. In his memoir, Slutzk, Johannesburg, Jerusalem (Pittsburgh, n.d.), Moshe Chigier writes (pp. 41, 42):

I began to think about Palestine. My imagination played strongly and emphatically upon my mind, so that at last I decided to try. I went to Rabbi Meltzer and told him that I would like to go to Palestine with him. At first he hardly realized what I was driving at, but when I unfolded my plan that I would like to go to Rabbi Kook’s Yeshiva, he immediately agreed, possibly because he himself was zionistically inclined and he liked the plan. I immediately wrote  a letter to Rabi Kook to which Rabbi Meltzer added a few words of praise about me. . . . 

When it became known that I intended to go to Palestine, Rabbi Kottler [!] became furious. He called me and strongly scolded me for my venture. When he saw that I was adamant, he reminded me of my first act of disobedience and rebellion. He simply told me that I had no place in his Yeshiva anymore. This was a hard blow to me. Where could I go? How could I find food to eat? But the Almighty had not forsaken me. When Rabbi Meltzer heard of this situation, he offered me to come to stay in his house until I could go to Eretz Israel. . . . Now that I was provided with board and lodgings, I could manage without the allowance which Rabbi Kottler had withheld from me, and I could continue planning on how to get to Israel.  

(I thank David Eisen for providing me with a copy of the memoir.)
[3] Here is the article.

  

The letter of R. Moshe Feinstein on the first page is directed against R. Emanuel Rackman. He was also the subject of the following attack which appeared in the Nisan 5733 issue of Ha-Pardes.

 

[4] This is incorrect. Contrary to what it says in the Hebrew Wikipedia. Panim el Panim was still published in 1973 (it stopped sometime that year) See the JNUL catalog (MS)

[5] I am unaware of any removal of this phrase from a Hebrew edition. I will deal with the Artscroll censorship of R. Zevin in my next post (MS).



Guide and Review of Online Resources – 2022 – Part II

Guide and Review of Online Resources – 2022 – Part II

By Ezra Brand

Ezra Brand is an independent researcher based in Tel Aviv. He has an MA from Revel Graduate School at Yeshiva University in Medieval Jewish History, where he focused his research on 13th and 14th century sefirotic Kabbalah. He is interested in using digital and computational tools in historical research. He has contributed a number of times previously to the Seforim Blog (tag), and a selection of his research can be found at his Academia.edu profile. He can be reached at ezrabrand-at-gmail.com; any and all feedback is greatly appreciated. This post is a continuation. The first part of this post is here.

11.Tools and Indexes

There are some very powerful tools for researching primary and secondary sources.

Gone are the days when one is completely at the mercy of memory, concordance, index, or colleagues. Many of the websites in the previous section (“Primary texts”) have good hyperlinked navigation pages. In addition, they have very good search capabilities. In addition to this, there are websites which are dedicated to search and indexes, that provide powerful capabilities that the previously mentioned websites don’t have.

Open-access

  1. Dicta.
    1. Search is highly recommended.
    2. From the About Us page: “Dicta applies cutting edge machine learning and natural language processing tools to the analysis of Hebrew texts.”
    3. Created by Prof. Moshe Koppel of Bar-Ilan University, who has written for Seforim Blog (see here). List of their search and other tools, all very cool and quite user-friendly and hyper-modern UX/UI, in the best way:
      1. Tanach search: “Search the Bible intuitively, with no need to worry about alternate spellings, prefixes and suffixes or sorting out multiple meanings of a word. Dicta’s search engine understands what you’re looking for.”
      2. Talmud Search: “Search the Talmud and Mishnah for words and phrases intuitively, with no need to worry about alternate spellings and multiple meanings. Dicta’s search engine understands what you’re looking for.”
      3. Quick Nakdan: “Automatically add nikud (vocalization) to text as you type.”
      4. Citation finder: “Identify exact or approximate quotations of biblical and talmudic sources in a given text.”
      5. Rabbinic Abbreviation Expander: “Expand abbreviations in Rabbinic texts. An entered text will be displayed including expanded abbreviations. The automated expansions are editable by the user.”
      6. Synopsis Builder: “Align two or more versions of the same (arbitrarily long) text, highlighting differences between versions and matching parallel words, including variant spellings and synonyms.”
      7. Stylistic Segmentation: “Partition any selected text into distinct stylistic components. For example, a multi-authored text can be automatically decomposed and displayed so that distinct authorial threads are shown in different colors.”
      8. Charuzit: “Find rhymes, assonance, and alliteration for any given Hebrew word. Search results can be filtered by entering semantic words and configuring various grammatical settings.”
  2. Parallels in Yerushalmi (מקבילות לירושלמי).
    1. Project of Prof. Leib Moscovitz of Bar-Ilan University.
    2. From the About page:
      1. “This site contains lists of sources and parallels to the Jerusalem Talmud, from the Bible, the literature of the Tannaim (Mishnah, Tosefta, and the Halachic Midrashim), the Jerusalem Talmud itself, and the classic Aggadic Midrashim of the Land of Israel. For some of the Tractates, parallels from the Babylonian Talmud are also recorded.”
  3. Escriptorium
    1. From the homepage: “A project providing digital recognition of handwritten documents using machine learning techniques.”[13]

12.Bibliographic info

Open-access

  1. Merhav – The National Library (מרחב – הספרייה הלאומית של ישראל).
    1. Recommended. Tremendous bibliographic resource, besides for being a powerful search tool (mentioned also above, under “Search”).
    2. Overview at their website here (Hebrew): “The National Library’s collection includes about five million items, including books, manuscripts, journals, maps, music and audio-visual and electronic material, in a variety of languages.
  2. The Bibliography of The Hebrew Book (also here) (מפעל הביבליוגרפיה העברית).
    1. My understanding is that “The Bibliography of The Hebrew Book” has been incorporated into “Merhav”. See also National Library’s guides here: https://www.nli.org.il/en/research-and-teach/catalogs/bibliographic-databases
    2. Wikipedia – Hebrew: “A body designated for the editing of a bibliography of Jewish printing. The project lists and describes all the books printed in Hebrew characters in the Hebrew language and in the languages ​​of the Jews (Yiddish, Ladino, Judaeo-Arabic, etc.) from the first Hebrew incunabula in the year 1475, until about 1960. The bibliographic database was built on the basis of the collections of the National Library and other collections in Israel and around the world. The bibliography numbers over 141,000 bibliographic and 15,000 biographical entries, and includes: books, journals and individual pages (ephemera). Each publication is reviewed by the project staff, and the description of the books is very broad and comprehensive than their description in the National Library catalog, and includes, for example: book approvals (הסכמות לספרים), introductions written by other authors, and the like. As of 2011, the project recorded and described close to 90% of the world’s Jewish books and is online on the National Library website.”
  3. Thesaurus of Talmudic Manuscripts
    1. Hosted at the Hachi Garsinan website, mentioned earlier. Requires registration (free).
    2. Based on Y. Sussman, Thesaurus of Talmudic Manuscripts, Jerusalem 2012. With Friedberg updates, edited by M. Katz, September 2017.

Requires subscription or purchase

  1. Talmud Yerushalmi Citation Database (מאגרי מידע לתלמוד בבלי). Requires subscription.
    1. Project of Dr. Moshe Pinchuk of Netanya Academic College.[14] 

13.Indexes

Open access

  1. Halacha Brura Institute – Virtual Library (מכון הלכה ברורה – ספריה וירטואלית).
    1. This is an incredible project.
    2. From the webpage: “The Halacha Brura Institute centralizes here links to seforim that are on the Internet at various websites, in full text, some as text and some as images, to save the visit to libraries.”
    3. Has an extensive methodology of symbols to mark the website where the work is found, and the file type.
    4. Ironically, Halacha Brura’s own meta-index of its own indexes is unfortunately not very good, there’s no full sitemap available on the website, and the organization of the webpages doesn’t isn’t always the best (for example, Rambam and commentators and Responsa are on the same page). Presumably, this is because webpages were split as they got larger. In any case, to help with this issue, I created my own meta-index of Halacha Brura’s indexes, see appendix.
    5. This project appears to be affiliated with the Rambam Library (ספריית הרמב”ם – בית אריאלה) in Tel-Aviv, though it’s not clearly stated on their website. See the appendix.
  2. Bibliography of works in Judeo-Arabic (אתר פרידברג לביבלוגרפיה בערבית יהודית).
    1. From the webpage:
      1. “The aim of this website is to present to all scholars, researchers and, in general, users interested in Judeo-Arabic texts, a comprehensive bibliography of all works in Judeo-Arabic ever printed, in a variety of formats, with some filtering capabilities.
      2. The list, with some 1,500 entries, is intended to cover all regions of publications and all periods of the works’ writings, up until and including the very early works of the 21st century.”
  3. Seforimonline.org .
    1. Well-organized, publications can be sorted by place of publication, year, etc. There also seem to be works there not found in other websites. (Halacha Brura’s index above sometimes links to Seforimonline.org.)
  4. Heichal Menahem (היכל מנחם).
    1. E-commerce website selling seforim. Can be used as a kind of index of recently published seforim, with lots of bibliographical info and pictures.

14.Secondary literature

15.Books

There are a nice amount of academic books available online, especially more recent ones.

Open-access

  1. Society for the Interpretation of the Talmud (האיגוד לפרשנות התלמוד). Scholarly interpretation of Talmud Bavli, written in Modern Hebrew.
    1. Recommended. The first seven of their publications are available there (published between 2006 – 2016). Does not include the most recent publications published 2019 – 2021. The level of scholarship is very high.
    2. Wikipedia – Hebrew: “A series of commentaries on the Babylonian Talmud based on scientific research as well as a traditional-religious interpretation. Most of the project’s books are available for public use as PDF files on the Society’s website, along with additional unpublished reference materials. The chairman of the association is its founder, Professor Shama Friedman, and its management consists of Prof. Yeshayahu Gafni, Prof. Gideon Libson and Prof. Shmuel Shilo.”
  2. AsifSifriyat Asif (אסיף ספריית אסיף). Dissertations in Hebrew, written by scholars associated with hesder and Religious-Zionist institutions. Also whole seforim and Torah journals divided neatly and searchable, many of them of potential scholarly interest, well-annotated and sourced (such as R’ David Bruckner’s series Mishnat Tana’im).
  3. P’sik (פסיק) . Scholarly books in Hebrew, for a more popular audience, mostly on Bible and contemporary religious thought.
    1. From Bar-Ilan University’s library guide: “The digital book platform is designed for reading and academic research.”
  4. De Gruyter. Academic publisher. Has around 100 open-access books in English categorized as on Jewish topics available for download.[15]
  5. JSTOR.
    1. Many open-access books, see the books marked “open-access”.
    2. Especially JSTOR, Brown Judaic Studies. Currently around 65 open-access books. From the “Publisher Description”:
      1. “Brown Judaic Studies has been publishing scholarly books in all areas of Judaic studies for forty years. Our books, many of which contain groundbreaking scholarship, were typically printed in small runs and are not easily accessible outside of major research libraries. We are delighted that with the support of a grant from the National Endowment for the Humanities/Andrew W. Mellon Foundation Humanities Open Book Program, we are now able to make available, in digital, open-access, format, fifty titles from our backlist. Once digitized the volumes will be freely available through ProjectMUSE, JSTOR, ACLS Open Humanities and the Hathi Trust.”

Requires subscription or purchase

  1. Kotar . (כותר) – Requires subscription.
    1. For Hebrew academic books. Fairly user friendly for reading, though not as user-friendly as Kindle (see later). According to results, around 800 titles in Jewish studies. Leans towards newer publications. Subscription for remote access is sometimes available through libraries, such as my library (Tel Aviv library). Should be pointed out that Kotar links are often linked in National Library’s Merhav search results (see earlier under “Search”).[16]
    2. Wikipedia – Hebrew: “A website that is an online library for subscribers of scholarly books in Hebrew, in collaboration with Israeli publishers. The title library offers hundreds of digital books and online reference on a wide range of topics from the humanities and social sciences, law, natural sciences and exact sciences and more. The publishers involved in the project include about 100 academic, public and private book publishers. The library began operating in January 2006. Kotar offers online access to a large variety of information sources. Kotar offers online browsing of a selection of over 3,000 titles (as of March 2018) of reference and information books and is constantly expanding.”
    3. There are a large amount of works put out by the following publishers:
      1. Yad Ben-Tzvi
      2. Bialik
      3. Sifriyat Heileil Ben-Chaim
    4. A few of the hundreds of books that are available there (all in Hebrew, as mentioned):
      1. M. Kahana et. al (ed.), Sifrut Hazal HaEretz Yisra’elit (2 vol.)
      2. A. Grosman, Rashi VeHaPolemos HaYehudi HaNotzri
      3. A. Reiner, Rabbeinu Tam
      4. S. Reif, HaGeniza MiKahir
      5. Anat Reizel, Mavo LeMidrashim.[17]
  2. Kindle e-books.
    1. Great for scholarly books in English. Recommend, in my opinion underrated as a resource for scholarly English books. Great advantages of Kindle e-books:
      1. Can highlight and annotate, with a special section with your highlights and annotations, which is great for later skimming and refreshing memory.
      2. Can hover for dictionary definitions and Wikipedia entry header paragraphs.
      3. As well as many of the other advantages mentioned above for electronic resources: instant availability; takes up minimal space, searchable, easily screenshotted, etc.
      4. For most books, can download free sample of beginning of book, usually containing front matter, Table of Contents, intro, and first chapter or two.
    2. However, it should be pointed out that Kindle editions are not necessarily “cheap”, though they’re generally cheaper than the physical copies. For example, Halivni’s book mentioned below is currently being sold on Amazon for $104, and the Kindle version is $67.[18]
    3. Some of the many scholarly books available on Kindle:
        1. Secunda, The Iranian Talmud
        2. Halivni, The Formation of the Babylonian Talmud
        3. Cohen, From the Maccabees to the Mishnah
        4. Feiner, The Jewish Enlightenment
  3. Magnes Press. Hebrew University’s academic press. Around 350 books available as ebooks for purchase, to read on their app. Came across this while researching this guide, have no idea if it’s any good, but looks promising.

16.Journals

There are a lot of academic articles readily available online.

Open-access

Journals whose full archives are currently open-access.

  1. Kiryat Sefer (קרית ספר) (years available: 1924 – 1998). Scholarly articles written in Modern Hebrew.
    1. Recommended. Contains a huge number of articles by the greats of Hebrew bibliography.
    2. Wikipedia – Hebrew: “The journal was published from the founding of the database in 1925 until 2003. It also contains many bibliographic articles.”
  2. Cathedra (קתדרה) (years available: 1976 – 2017). Scholarly articles written in Modern Hebrew.
    1. See description in Wikipedia Hebrew: קתדרה (כתב עת) – ויקיפדיה
  3. Pe’amim (פעמים) (years available: 1979 – 2009). Scholarly articles written in Modern Hebrew. After 2009, some articles open-access, but most not.
    1. See description in Wikipedia Hebrew: פעמיםויקיפדיה .
  4. Jewish Studies, an Internet Journal (years available: 2002 -). Scholarly articles written in English and Modern Hebrew
    1. Started in 2002, have issued 21 issues so far. Editor-in-Chief – Prof. James L. Kugel. Managing Editor – Prof. Leib Moscovitz.
    2. From the home page: “JSIJ is a peer-reviewed electronic journal dealing with all fields of Jewish studies, which is distributed free of charge via the Internet. By publishing articles electronically via the Internet, JSIJ seeks to disseminate articles much faster than is possible with paper publication, and to make these articles readily and conveniently accessible to a wide variety of readers at all times. We hope that the use of this new technology will eventually allow JSIJ to develop in ways not available with conventional print journals, including the possibility of computerized full-text searches and the use of hyperlinks to other texts.”
  5. Ginzei Qedem (גנזי קדם). (years available: 2005 – ). Scholarly articles written in Modern Hebrew. Journal is published by the Friedberg Genizah Project and the Ben-Zvi Institute.
    1. From the About page: “Ginzei Qedem is a peer reviewed annual publication devoted to Genizah texts and studies published by the Friedberg Genizah Project and the Ben-Zvi Institute. Ginzei Qedem uses the term, “Genizah texts and studies” in the widest sense of the term – fragments of literary works and documents from genizot in Cairo and elsewhere – including all the relevant disciplines – history, literature (including piyyut), language, Biblical studies and exegesis, Talmud and Rabbinics, magic etc. The articles are in Hebrew and English. Seven issues have appeared to date.”
    2. See further description in Wikipedia Hebrew: גנזי קדם (שנתון) – ויקיפדיה
  6. HaTzofeh LaHochmat Yisra’el (הצופה לחכמת ישראל). Available on HebrewBooks. (years available: 1921 – 1931). Scholarly articles written in Hebrew. See description in Wikipedia Hebrew: הצופה מארץ הגרויקיפדיה.
  7. Kovetz al Yad (קובץ על יד) . Available on HebrewBooks. (years available: 1885 – 1946). Publications of works from manuscripts. See description in Wikipedia Hebrew: מקיצי נרדמים.
  8. Hama’ayan (המעין) (years available: 1953 – 2009). Scholarly articles written in Modern Hebrew. Journal is currently affiliated with Yeshivat Sha’alvim.
    1. Wikipedia – Hebrew: “HaMa’ayan is a quarterly publication, published since 1953, ‘which combines a Torah dimension with a scientific-Torah dimension’ and contains various articles on Halacha, hashkafa, Jewish history and scholarly research.”
    2. Available here:
      1. המעין מכון שלמה אומן: years available: 2007 –
      2. Earlier issues, years available: 1953 – 2006, at Daat and HebrewBooks
  9. Netu’im (נטועים) (years available: 1994 -). Scholarly articles written in Modern Hebrew. Focuses on Torah Sheba’al Peh. Journal is affiliated with Yeshivat Alon Shevut and Herzog College.
  10. Dinei Yisra’el (דיני ישראל). (years available: 2009 – ). Scholarly articles written in Modern Hebrew. Focuses on Jewish law. Journal is affiliated with Tel-Aviv University.[19]
  11. Masechet (years available: 2004 – ). Scholarly articles written in Modern Hebrew. Focuses on topics related to women. Journal is affiliated with Bar-Ilan University.
  12. Tallelei Orot (טללי אורות) (years available: 1989 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Orot Yisra’el College. Also selected articles at Daat, in text format.
  13. Oreshet (אורשת) (years available: 2010 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Orot Yisra’el College.
  14. Moreshet Israel (מורשת ישראל) (years available: 2018 – ). Scholarly articles written in Modern Hebrew. Journal is affiliated with Ariel University.
  15. Oqimta (אוקימתא). (years available: 2013 – ). Scholarly articles written in Modern Hebrew and English. Journal started by Prof. Shamma Friedman of Bar-Ilan University.
    1. See description in Wikipedia Hebrew: אוקימתא (כתב עת)
  16. Tradition (years available: 1958 -).
  17. Hakira (years available: 2004 – ). Scholarly articles written in English.
    1. Wikipedia: “Ḥakirah, The Flatbush Journal of Jewish Law and Thought is a peer-reviewed academic journal in the field of halakha and Jewish thought. Hakirah is a Jewish journal which publishes articles that reflect a wide range of Orthodox beliefs and ideas. Those who submit articles run the gamut from laypeople, to rabbis, doctors and professors. The first volume of Hakirah was published in the fall of 2004. Each volume generally contains about ten English and two Hebrew articles comprising a total of about 250 pages. A new volume appears about every six to seven months.”
  18. Many Torani journals are available on HebrewBooks, by searching the title. Many are also linked to by Halach Brura in their index of journals, and in their respective Wikipedia entries. These are Torani journals, meaning that they are published by Orthodox institutions. They are all written in Modern Hebrew. The articles in these journals are mostly not relevant for this guide, however, they often contain scholarly articles, especially related to publications of manuscripts of rabinnic works of Geonim, Rishonim, or Aharonim. For ideological reasons, the scholarly articles relevant for this guide generally don’t cover topics earlier than the Geonic period, and they are more likely to publish on recent topics than earlier ones.[20]
    1. Tzefunot (צפונות). (years available: 1989 – 1993). Focuses on bibliographic topics. See description in Wikipedia: צפונות .
    2. Kovetz Beis Aharon VeYisra’el (קובץ בית אהרן וישראל) (years available: 1986 – 2002) . Also available on Otzar Hachochma’s forum.
    3. Or Yisra’el (אור ישראל). (Years available: 1996 – 2015). See description in Wikipedia: חסידות_קרלין#קובץ_בית_אהרן_וישראל .
    4. Pe’alim LeTorah (פעלים לתורה).
    5. Yeshurun (ישורון). (Years available: 1996 – 2015). See description in Wikipedia: ישורון (מאסף תורני) .
    6. Yerushateinu (ירושתנו). See description in Wikipedia: ירושתנו .
    7. Asifas Chachomim (אסיפת חכמים).
    8. Hitzei Giborim (חצי גבורים).
    9. Min HaGenazim (מן הגנזים).

Requires subscription or purchase

  1. JSTOR
    1. 58 journals that focus on the subject of Jewish Studies.
  2. Nevo.
    1. Israeli law journals, in Modern Hebrew. Journals there with many articles relevant to history of halacha:
      1. Dinei Yisra’el available at Nevo (נבו) with subscription, years available: 1970 -.
      2. Sh’naton Hamishpat Ha’ivri (שנתון המשפט העברי). (years available: 1974 – 2006). Journal is affiliated with Hebrew University.
      3. Mehkerei Mishpat (מחקרי משפט). (years available: 1980 – ). Journal is affiliated with Bar-Ilan University.
  3. Otzar HaHochma (אוצר החכמה):
    1. See on this resource above.
    2. Areshet (ארשת). (years available: 1958 – 1980). Journal published by Mossad HaRav Kook, focused on Hebrew bibliography. Links at the Wikipedia entry for the journal.
  4. Project MUSE.
    1. Some journals on Project MUSE that focus on Jewish Studies: JQR
  5. EBSCO

17.Articles

Websites with scholarly articles.

Open-access

  1. Academy of Hebrew Language (האקדמיה ללשון העברית).
    1. Scholarly articles in Modern Hebrew.
    2. From the page on “Articles”: “The Hebrew Language Academy publishes selected articles here from time to time for the benefit and enjoyment of the visitors to the site. The articles are written by linguists – including members of the Academy and its researchers – and are usually taken from the journals of the Academy:Leshonenu (לשוננו), Ha’Ivrit (Leshonenu L’am) (העברית = לשוננו לעם) and Akadem (אקדם). Some of the articles were written specifically for the academy’s website.”
    3. Appear in both PDF format, as well as text.
  2. Daat (דעת).
    1. See above. Besides for complete texts of primary works, has many scholarly articles from journals, in text format, such as Sinai (סיני), Shma’atin (שמעתין), Mahanayim (מחניים).
  3. Academia.edu .
    1. I follow around 200 academics. Some of them are for deceased scholars whose students have set up a profile for them, and uploaded their work. I get updates of articles in my “feed” about once a day, and the articles are generally a good fit for my interests. (E.g. Elliot Wolfson has many of his articles there.)
    2. Wikipedia – English: “Academia.edu is an American for-profit social networking website for academics. It began as a free and open repository of academic journal articles and registered a .edu domain name when this was not limited to educational institutions.”
  4. Metah (מטח).
    1. Lots of transcribed scholarly articles in Hebrew. See also the section of the website called “Peshita” (פשיטא).
    2. From the About page: “The virtual library project of Metah began in 2000. Metah is a non-profit institution and the library project is non-commercial; The library is open and accessible to anyone for free.”
    3. Some examples of articles available:
      1. 55 Tarbitz (תרביץ) articles, see list.
  5. Ad Henah (עד הנה).
    1. Lots of PDFs of scholarly articles in Hebrew.
    2. From the About page: “A study and research institute that studies the Torah work of Galician and Bukovina Jewry, from the sixteenth century to the present time.”
  6. Ptil Tekhelet (פתיל תכלת).
    1. Lots of PDFs of scholarly articles in Hebrew (shows 530 items). Focuses on the topic of tekhelet.
  7. Author academic websites (e.g., Meir Bar-Ilan ; Yehuda Liebes)
  8. Ask the author – generally amenable to sending their own articles and dissertation.

18.Bibliographic info and indexes

Open-access

  1. RAMBI (רמב”י).
    1. My understanding is that “The Bibliography of The Hebrew Book” has been incorporated into “Merhav” (see above).
    2. Wikipedia – Hebrew: “An indexed and cataloged article index (or bibliography) of thousands of academic and other articles in a wide range of fields in the Jewish Studies, the study of the Land of Israel and the State of Israel, and is the largest and most comprehensive database of its kind in the world. The information contained in Rambi was collected from thousands of scientific journals, literary or documentary journals, collections and files of one-time articles on a specific topic, in Hebrew, English, French, German and other languages ​​and in the Judaic languages: Yiddish, Arabic, Ladino and others; most of them found in the National Library. The criteria for inclusion in Rambi are that the publication be in an academic publication or another recognized and respected stage, or that it be useful for academic research purposes.”
  2. RAMBISH (רמבי”ש). Same concept as RAMBI, but for articles appearing in Orthodox journals.
  3. Indexes of dissertations / theses:
    1. Hebrew University – search
    2. Bar-Ilan University, Jewish Studies Department – list
    3. Jewish Theological Seminary– search and list
  4. Google Scholar

Requires subscription or purchase

  1. Index of References Dealing with Talmudic Literature (Lieberman Index) . Requires subscription.
    1. From the home page:
      1. “The Index of References Dealing with Talmudic Literature, offering pinpointed citations from hundreds of classic and modern scholarly works directly related to the specific selected passage within Talmudic literature.”
  2. Oxford Bibliographies in Jewish Studies. Requires subscription.
    1. From Bar-Ilan University’s library guide: “Oxford Bibliographies in Jewish Studies is an interdisciplinary database encompassing history, religion, philosophy, literature, sociology and political science. Its chronological and geographical range stretches from the Bible to the present, including communities from the Americas to Western and Eastern Europe, North Africa and the Middle East, South and East Asia, and Africa. Oxford Bibliographies Jewish Studies offers selected articles that break down subject areas into their component parts and pithy annotations that summarize the main contribution of each citation. The database is one of the components of the Oxford Bibliography, a database that offers an authoritative guide to the current scholarship, containing original commentary and annotations.”

19.Dictionaries

Open-access

  1. Wiktionary – Hebrew (H). Generally very good entries, with ample primary and secondary sources.
  2. Jastrow’s A Dictionary of the Targumim, the Talmud Babli and Yerushalmi, and the Midrashic Literature, in English:
    1. Sefaria: here. Transcribed and searchable, with hyperlinked Table of Contents.
    2. Wiktionary: here. Transcribed, with hyperlinked Table of Contents.
    3. Tyndale House: here. Scanned, with hyperlinked Table of Contents.
  3. R’ Natan of Rome, Sefer HeArukh, ed. Lublin 1883, on Sefaria. Includes R’ Benjamin Mousafia’s Musaf Aruch. Also at Sefaria: R’ Isaiah Berlin’s Hafla’ah ShebaArakhin on Sefer HeArukh.
  4. Academy of Hebrew language’s online dictionary . In Modern Hebrew. Based on Milon HaHoveh (מילון ההווה). Does not include etymologies or sources.

20.Encyclopedias

Open-access

  1. Jewish Encyclopedia . In English.
    1. Large parts of it have been incorporated into the corresponding English Wikipedia entries.
  2. Wikipedia – Hebrew.
    1. Great source for Jewish topics. I personally have found Wikipedia to be great sources for, among other topics:
      1. Biographies of Jews
      2. Jewish communities
      3. Jewish Law (halacha)
  3. Encyclopedia Talmudit – Micropedia (האנציקלופדיה התלמודית). In rabbinic/modern Hebrew, on Talmudic topics.
    1. From the webpage: “From Micropedia to Encyclopedia: Wikishiva (ויקישיבה) continues its collaboration with the Talmudic Encyclopedia project and now becomes the home of the new Talmudic Encyclopedia entries. Now, beyond the Talmudic Micropedia project, the entries of the Encyclopedia itself will be published here. It is important to note that entries published here are not currently published as books. To date, 251 entries have been written in the Talmudic Encyclopedia project. The Talmudic Encyclopedia: The new Talmudic Encyclopedia entries are already on Wikishiva! You can browse all the entries on the site or search using the search box, select the first letter, or select from the new entries on the site. The Talmudic Micropedia: The Talmudic Micropedia is a concise and up-to-date treasure trove of the entries of the Talmudic Encyclopedia, in a flowing and clear style.”

Requires subscription or purchase

  1. Encyclopedia Judaica, 2nd edition. In English.
    1. Second edition published by Gale and available on their website. Requires subscription, many libraries give access through OpenAthens, see for example Bar-Ilan University’s page.
    2. The entries (all? some?) of Encyclopedia Judaica, 2nd edition, appear to have been incorporated into encyclopedia.com, and fully hyperlinked to other EJ entries. The entries seem to be able to be found only via search, there’s no way to browse list of entries. See google search “Encyclopaedia Judaica site:https://www.encyclopedia.com/”.
    3. Bar-Ilan University overview: “Provides an overview of Jewish life and knowledge from the Second Temple period to the contemporary State of Israel, from Rabbinic to modern Yiddish literature, from Kabbalah to “Americana” and from Zionism to the contribution of Jews to world cultures.”
  2. Encyclopedias published by Brill, in English:
    1. Encyclopaedia of Judaism Online.
      1. From the webpage: “The prize-winning Encyclopaedia of Judaism is now available online. More than 200 entries comprising more than 1,000,000 words. This unique reference tool offers an authoritative, comprehensive, and systematic presentation of the current state of scholarship on fundamental issues of Judaism, both past and present. Comprehensive and up-to-date, it reflects the highest standards in scholarship. Covering a tradition of nearly four thousand years, some of the most distinguished scholars in the field describe the way of life, history, art, theology, philosophy, and the practices and beliefs of the Jewish people.”
    2. Encyclopedia of Jews in the Islamic World Online.
      1. From the webpage: “[T]he first cohesive and discreet reference work which covers the Jews of Muslim lands particularly in the late medieval, early modern and modern periods. The expanded online version, EJIW Online (started in 2010), is updated twice annually with newly commissioned articles, illustrations, multimedia, and primary source material. Interdisciplinary articles cover a wide range of topics from history, law, music, visual arts, social sciences, philosophy, anthropology and demography.”
    3. Encyclopedia of Jewish History and Culture Online.
      1. From the webpage: “From Europe to America to the Middle East, North Africa and other non-European Jewish settlement areas the Encyclopedia of Jewish History and Culture covers the recent history of the Jews from 1750 until the 1950s. Translated from German into English, approximately 800 keywords present the current state of international research and depict a complex portrait of Jewish life – illustrated by many maps and images. About 40 key articles convey central themes on topics like autonomy, exile, emancipation, literature, liturgy, music or the science of Judaism.”
    4. Encyclopedia of Hebrew Language and Linguistics Online.
      1. From the webpage: “[A] systematic and comprehensive treatment of all aspects of the history and study of the Hebrew language from its earliest attested form to the present day. The encyclopedia contains overview articles that provide a readable synopsis of current knowledge of the major periods and varieties of the Hebrew language as well as thematically-organized entries which provide further information on individual topics. With over 950 entries and approximately 400 contributing scholars, the Encyclopedia of Hebrew Language and Linguistics is the authoritative reference work for students and researchers in the fields of Hebrew linguistics, general linguistics, Biblical studies, Hebrew and Jewish literature, and related fields.”

[13] For overview, see the recent presentation, available on YouTube: “eScriptorium for Handwritten Text Recognition in Humanities Research” (uploaded Mar 3, 2021. accessed 25-Feb-2022).

For use on Hebrew manuscripts, there is a gated presentation cited by Katz 2022, footnote 16:
D. Stoekl Ben Ezra, “Sofer Mahir: Opening Up Rabbinic Manuscripts Towards Scholarly Editions”.

Presentation at the DHJewish conference in Luxemburg, January 2021. URL:

https://sofermahir.hypotheses.org/59.

Katz and Gershuni point out: “Unfortunately, the ability to use OCR to read Hebrew or Aramaic manuscripts is not yet sufficiently developed. When textual manuscript-based projects such as Stoeklet al.’s Sofer Mahir and Tikoun Sofrim will reach a more mature stage, the extension of the edition to the entire Talmud will be far easier to achieve.” (Katz 2022, section 4.1).
[14] See his article:משה פינצ’וק, “מאגרי מידע לתלמוד הירושלמי“, עלי ספר כב (תשע”ב), עמ’ 165-171.
[15] Search done on 23-Jan-2022. Example of books available: Ari Bergmann’s recent book, The Formation of the Talmud: Scholarship and Politics in Yitzhak Isaac Halevy’s Dorot Harishonim (2021) ; Guggenheimer’s recent translation into English and short commentary of Talmud Yershalmi. (Guggenheimer’s translation is also available in Sefaria.)
[16] Such as for the series משנת ארץ ישראל. It appears that the entire series is on Kotar, see Merhav search results and Kotar search results.
[17] This books is also available open-access, in a very user-friendly format, at a dedicated website: מבוא למדרשים | מחלקי המים . Thanks to Eliezer Brodt for pointing this out.
[18] As of 20-Jan-2022.
[19] Previous issues of Dinei Yisra’el available at Nevo (נבו) with subscription, years available: 1970 -.
[20] See index of Hebrew Wikipedia entries on Torani journals here: קטגוריה:ישראל: כתבי עת תורנייםויקיפדיה




What is wrong with Artscroll?

What is wrong with Artscroll?
by Eliezer Miller
A better question would be is what is right?
The latest work produced by Artscroll in the Milstein Series is Isaiah[1]. Written by Rabbi Nosson Scherman, the general editor of Artsrtscroll himself, it is the inaugural volume of the interpretation of the Later Prophets.
Firstly, one must praise Artscroll for a completely new typesetting of the Rashi, Radak, Metzuadas David and Metzudas Zion. But to what purpose?  If was to give us a clear text, has not a clearly superior work of this kind has been done by Keter? They, at least, addition, edited these works using ancient manuscripts.  If, then, they are printed in this series is to help us with the translation and commentary – is that not the very purpose of Artscroll’s English translation and commentary? Perhaps, then, they are included to keep the tradition of Mikraos Gedolos?  If so why are many other parts of Mikraos Gedolos commentators like Gr’a and Toldos Aharon missing?  The space taken by these commentaries could have surely been used for a lengthier, more comprehensive, English commentary.
Secondly, one can understand why the editors ignored the extensive archeological work that has been done in the past few years. Archeology in the City of David and Samaria shed much light on the realia that is part of the prophecy[2].
The discovery of the Dead Sea scrolls has changed the whole of the study of Isaiah.  The Isaiah scrolls are the only complete text of a sefer in Tanach from that time. They have revealed multiple variants and commentaries.
However, to include these studies in the sefer would have negated the principles on which “Mesorah” publication stands, that of strict adherence to the received tradition.
Similarly, the incredible amount that has been learnt from etymological studies by Semitic language scholars is hard to ignore. Because non-traditional scholars do this work, they are ignored by Rabbi Scherman – to his, and to his readers, loss.
Thirdly, one could also understand the “bowlderisation”[3] involved in the translation.  The great poetic masterpiece that was achieved by the Revised Authorized Version has inspired myriads of readers; the majestic language gave, at least faint echoes of Isaiah’s monumental use of his imagery and metaphors.  That translation surely has Christological inferences and counter-Halachic tendencies.[4] Their exclusion is understandable.
On the other hand, Artscroll’s awkward phraseology, mistranslations, and incorrect insertions make one, literally, cringe.  Their translation has managed to change one the worlds greatest literary work into a children’s eighth-grade reader, unworthy of the text.
Lastly, one must feel that Rabbi Scherman is forced to ignore the obvious parallels to the rebuilding of Zion in our days. The Return to Israel, the re-establishment of the State of Israel and the foretold “footsteps of the Messiah” are apparent to any reader of the prophecy. This omission is so enormous, that it is difficult for the modern reader to swallow.  Has the orthodox world been so influenced by the rejectionist in the Satmar- Neture Karta – Brisk axis, that they have accepted the absurd notion that that the State of Israel has no theological significance?
Given all the above critiques, and understanding the reasons, the real problem is internal. The real problem of this work is that it contradicts the very basis of the credo of Mesorah Publications.
There are a number of examples as how Mesorah publications has disregarded their mandate.
1) The Prophecy of Isaiah was a focal point in the Talmud and Midrash.  There is hardly a Pasuk that is not quoted and explicated in the classical sources.  One would venture to say, that percentage wise, in the Talmud and Medrash, many more pasukim from Isaiah are mentioned than pasukim from Chumash[5].  Indeed works that cite these sources are widely available.[6] Yet these citations are few and far between in the commentary[7].  When they are cited, the accompanying commentaries by the Rishonim are rarely mentioned.
This lacuna is distressing.  Did Rabbi Scherman not make an effort to use them, or was he oblivious to their existence?
A few random examples:
I) 42:5 ….Who gives a soul to the people upon it, and a spirit to those who walk upon it Artscroll pg.323: He gives a soul equally to all the people on earth (Radak) A spirit of sanctity (or prophecy- Abarbanel) to those who walk in his ways.
Yet: Yerushalmi[8]: Rashbal in the name of Bar Kapra:  The land on which I placed life first, will be the first for the coming of the Messiah.  What is the reason “He gives a soul to the people upon it.   Thus the Rabbis of Babylon have lost.  Rabbi Simai said:  The Almighty makes the land slippery in front of them and thus they slide like bottles.  When they reach the land of Israel their souls are with them….
ii) 27:13 ….It shall be on that day a great shofar will be blown… Artscroll pg. 209: On that great day of ingathering, all the exiles will be gathered together (as if –Radak) by the blast of a great shofar Abarbanel, R’ Hirsch
Yet: Talmud[9]:  The ten tribes have no place in the world to come… these are the words of Rabbi Akiva.  …Rabbi Simon said: if their actions are (still) like today, they will not return.  If not, they will return.  Rebbi said: They will come to the world to come as it said “On that day a great shofar will be sounded”.
(One feels that these random examples, among many, are teaching fundamentals of Jewish thought. Why were they not mentioned?  In their place Artscroll quotes two Chassidic Vortlach!)
2) There are comparatively few extant works by the Rishonim on Isaiah.  One would suppose that the Christian censors either cut them severely[10] or discouraged their publication. However, a few such works have been found and published.[11]  In these sefarim are important ideas that have not found their way into Artscroll, once again to its, and our loss.
A few random examples;
I) On that day (people) will sing about (Israel), “A vineyard of fine wine”. I am Hashem who guards it: I water it frequently, lest it be held account against it, night and day I will guard it.
Artscroll pg.203: From the cup of punishment I shall pour on them only a little at a time, because if I were to deliver the full of retribution all at once, they would not survive it. (Rashi)
Yet: Ibn Ganach:  It comes to tell us that Israel will not be included in the punishment, that is to say; I will revisit their sins on the nations, but I will not revisit (Israel’s) sin
ii) 52:2 Formerly he grew like a sapling ….
Artscroll (pg. 401): Before the redemption raises Israel to its new eminence, the nations will regard it with contempt…
Yet: Rambam: The quality of the ascent (of the Messiah) is that not that we will know at all before his ascent whether he is or not the Messiah, even if it is said of him that he is the son of so-and-so from so-and-so’s family.   Rather an unknown man shall rise before his identity is revealed, with signs and miracles, which we will see that it is he that performs them.  This will prove the truth of his claims and the truth of his patrimony.
(Again One feels that these are basic to our beliefs, and are puzzled by their omission)
3) The truth that even a casual reader will note that there are at least two different styles of commentaries of Isaiah in this work.  The first 40 or so chapters were written in one style, and the last chapters by a different commentator.  (Perhaps the same author wrote them at different times of his life.)
The first Chapters are basically a summary of the classical commentators.  These summaries are widely available[12], albeit in Hebrew[13]. If he wished to improve on these works, one wonders why Rabbi Scherman ignored Rav Eliezer MiBalgantzi, Rabbi Yishaya Mitrani, Ibn Kaspi and Ayin Hamesorah (published from manuscripts in Keter).
Remarkably, the style of commentaries in the second part of the Sefer are completely different.  No longer only the classical commentaries are mentioned. Mari K’ra, Orchos Chaim, Shem Shmuel, Artscroll’s own edition of Rav Schwab, and many other commentaries suddenly make an appearance.  Rabinowitz masterful Daas Sofrim[14] and Hirsch’s Essays are mentioned.
One, however, wonders how Rabbi Scherman chose whom to exclude.  Rav Schwab’s, somewhat idiocentric ideas are often quoted while Sorotzkin’s Rinat Yitchak[15], Rav Dovid Cohen’s many works [16]are ignored.  One understands (but does not condone) the omission of Mossad Harav Kook’s Daas Mikra[17] because of its “modern” leaning, but what could be wrong with Hatorah Hatemimah[18]? Emek Hanetziv is Kosher (pg. 385) but the G’ra does not make the cut[19]!  Additionally there are many commentaries of the Haftorahs, which are similarly ignored
A few random examples:
I) 41:2 Who inspired (the one) from the East, at whose  (every) footstep righteousness attended….
Artscroll pg.311: This is a reference to Abraham, who came from Aram, which is east of Eretz Israel…
Yet: Rinat Yitzchak[20] explains this verse as the dispute between Rashi and the Gr’a.  In Shabbat 156a uses this verse to prove that there is no Mazal (Astrology) for Israel. Rashi explains that prayer and repentance can change the mazal.  The G’ra explains that Mazal only applies to the nations, whereas Israel is above the stars and independent of Mazal.
ii) 28:7 …the kohen and the (false) prophet have erred because of liquor and corrupted by wine, they have strayed because of liquor, erred in vision.
Artscroll pg. 211: Rather than refer to the drunkenness and hedonism of the people, Isaiah refers to the drunkenness and the hedonism of the leadership, the Kohen and the prophet.
Yet: Rabinowiz[21]: To claim that this refers to the kohanim in the beis hamikdash and to the prophets, contradicts all accepted opinions.
…. Nowhere does Isaiah mention false prophets, for no one would dare to call himself a prophet in the days of Isaiah…. It is unlikely that Isaiah would refer to the priests of Baal as Kohanim.  It is certain that Isaiah was referring to himself.  He was not able to communicate with people that were immersed in wealth and success, indulging in feasts and parties.  It is unlikely that he speaks of gross drunkenness.
4) Perhaps the most important criticism is that, as in many of Artscrolls biblical works, there is the tendency to trivialize Judaism.  In the Schottensten Talmud, (especially the Jerusalem Talmud) Artscroll has shown that they are able to do extensive research, and to explicate almost all fundamentals[22]. Not so in the Artscroll Tanach series. There is little attempt to explain the fundamental concepts of Judaism.
Instead we are fed homilies, “Vortlach”, Hassidic Meiselach and childish moralisms.  We miss the scholarly discussions, the Machlokes and textual variations that are so beautifully presented in the Schottenstein Talmud.
Yishayahu speaks to the generations.  To portray him as a medieval sermonizer is, to sat the least, disrespectful and trite.  The Milstein Series could, and must, do a better job.  They owe this to modern reader.
Artscroll’s job is to sell books.  Apparently, in their eyes, the public is not interested in serious scholarship, nor keen to hear Isaiah’s biting criticism of the hypocrisies of institutions. They perhaps feel that to try to sell a sefer that practically tells the buyer that Hashem does not support these institutions would make no sense.  One hopes that this is not true.
But at least let Rabbi Sherman fulfill his mandate by presenting us with a traditional comprehensive commentary equal to the Schottensten scholarly commentaries on the Talmuds.

 

[1]
The Later Prophets: Isaiah, Mesorah Publications 2013
[2]
We can see the upper pool and the lower pool, etc.
[3]
To modify by abridging, simplifying, or distorting in style or content
[4]
“Unto us a child is given.”Etc.
[5]
In an unscientific count in Ayn Hamesorah, about 30% of Chumash pasukim are cited compared to 98% of Isaiah’s pasukim.
[6]
Stern, Menachem: Torah SheB’al Peh, Jerusalem 2001. Neusner, Jacob: Isaiah in The Babylonian Talmud and Medrash, , NY 2007.
[7]
A cursory reading counts only a few dozen citations.
[8]
Kesubos 12:3
[9]
San: 110b
[10]
See Neubauer’s edition of the  ‘hine yaskil avdi”
[11]
Kovetz Perushim Lesefer Yishayahu, Jerusalem 5731.  Tafsir Saadia Gaon, S. Ratzabi Bnei Brak 2004
Laniado Shlomo: Keli Paz, , 1637, Reprinted Jerusalem 5731
[13]
An adequate work by Rosenberg, A. J.: Mikraos Gedolos, The Judaica Press, 1992 has long been available
[14]
Rabinowitz, Chaim Dov, Daas Sofrim, Jerusalem 1980
[15]
Rinat Yitzchak, Yitzchak Sorotzkin, Wikliff 1998
[16]
Cohen, David: Ohel David,  1998 –
[17]
Chacham, Amos: Daat Mikra, Jerusalem 1988
[18]
Stern, Yechiel Michal: Hatorah Hatemimah, Jerusalem 5732
[19]
Katzenelenbogen, S.:Biur Hagr’a Neviim, Jerusalem 2002
[20]
ibid pg. 144
[21]
Ibid
[22]
See however: Our Torah, your Torah and their Torah: An evaluation of the Artscroll phenomenon by B. Barry Levy and Tradition 19(1)(Spring 1981): 89-95 and an exchange of letters in Tradition 1982;20:370-375.



R. Akiva Yosef Schlesinger, Tikkat Shofar on Shabbat & plagiarism (of course)

Menachem Mendel has a very good post discussing the issues and the history regarding the propriety of blowing the shofar on Rosh HaShana when it falls on Shabbat. A central figure in this discussion is R. Akiva Yosef Schlesinger. R. Schlesinger is perhaps best known for his book Lev haIvri a commentary on the last will and testament of the Hatam Sofer. In this book, which perhaps can be used to trace much of Haredi ideology today, the bulk is devoted to putting down the “reformers.” He discusses Mendelssohn’s Biur, speaking in the vernacular and a host of other issues. There is no doubt he held what many would consider extremists views. R. Schlesinger has a less well known side – his love of Israel and dislike or almost vehement hatred of inertia.

R. Schlesinger who was born and raised in Hungry emigrated to Israel. When he got to Israel, at the time, most people were supported by the various kollelim. These kollelim would be set up by country, Hungarian Kollel etc. (the American Kollel was controversial). These kollelim in turn wielded tremendous power – they had the money. R. Schlesinger took a very dim view of these kollelim. First, he felt the money was not given out based upon need and merit, rather it was given based upon status and connections. Additionally, this system only ensured that people would never actually try and make money themselves. To be clear, these kollelim did not only support people learning full time, rather, almost everyone was supported by them.

R. Schlesinger came out strongly against the kollelim and decided to set up his own system. This system he outlined his book Kollel HaIvirim. First, he explains his system would be democratic. He explains that the Torah requires one to follow the majority. This is so, even when a Godol or the like holds different views. He proves this by pointing to the system of the Sanhedrin. There, they did not just go with greatest Rabbi on the Sanhedrin, rather, they started polling the views of the lowest one. (p. 7).

According to R. Schlesinger’s system the Kollel or Board would be in charge of almost everything. They would oversee the education of the children. He advocated for marriage at 18 and then a 3 year period to devote to study. However, R. Schlesinger notes, not too many people are successful at just studying Torah full time, therefore, the Kollel should see who is not or who does not have an interest and they should learn a proper profession. This study should not be half hazard. Instead, they should study from a expert and devote a significant amount of time to this endeavor. He includes agriculture among these professions. (p. 9-10)

R. Schlesinger did not shy away from accountability. Even today many religious organizations do not have open books. R. Schlesinger, however, advocated for a yearly accounting which would be sent to all where they could view all the expenses and the accounting of the Kollel. (p.11).

He also seems to have taken what today would be considered a religious Zionist view of the then current status of Israel. Although at the time, Israel was under the rule of the Turkish government, due to the fact, they were fairly benevolent he understood that it was already then – long before the founding of the State of Israel – the messianic era. Specifically, he points to the Talmudic passage which explains the only change during the messianic era will be the removal of government oppression (אין בין עולם הזה לימות המשיח אלא שעבוד מלכיות בלבד). (p. 19) Additionally, he chides his former countrymen on their aversion to move to Israel. He says R. Isaiah Horowitz in the 16th century moved to Israel although it took a year to do. Today, he says, it is easy. The government gives anyone who wants a pass and it on the fast ships and rail it takes a mere 10 days. (p. 16).

Although it was fairly safe, R. Schlesinger was aware there still should be a security force. Thus, he advocated for a month long rotation for everyone. These watchers would serve for a month and then others would take their place. He says they should do so even on Shabbat. (p. 26b).

He wanted everyone to have a flag. There would be a general Kollel haIvrim flag with white, green, purple and turquoise. Then each shevet would have their own as well. (p. 27).

All of these plans met with serious resentment from the established Kollelim. They viewed him as undermining their system and way of life. So, as anyone who wants to get someone in trouble does – they searched his books to find something they could ban. Sure enough, they were successful. In his book Bet Yosef Hadash, which is on the Bet Yosef, he discusses a terrible problem and attempts to find a satisfactory answer. In Russia at the time there was forced conscription for a 25 year period. This was a Jewish death sentence – some people, were taken as young as 8. So, some would flee Russia and move to Israel to avoid this. At times, their wives refused to come. R. Schlesinger, therefore, discusses the possibility of getting around the Herem of Rabbenu Gershon on two wives. R. Schlesinger’s enemies, however, accused him of doing away with and not respecting the Herem.

They consigned his books to the fire and put a ban on them.

In the end, however, his students (and he had many) were successful in setting up the city of Petach Tikvah (see here for more). They wanted R. Schlesinger to join them, and he did. He purchased land, but to honor his father in law, purchased it in his father in laws name.

Unfortunately, this had terrible ramifications. When R. Schlesinger returned to Hungary to gain support for his movement, his enemies went to his father in law. His father in law was old and could not take this. His father in law signed over the land he owned in Petach Tikvah, the land which was the culmination of R. Schlesinger’s dream to his enemies, the Hungarian Kollel. R. Schlesinger then attempted to get it back. He did win some court victories. His opponents, however, used his own means against him. They ignored the pronouncements of the Bet Din, knowing that R. Schlesinger would never go to a non-Jewish court.

It seems that not only was R. Schlesinger a tragic figure, but other things he touched as well. Shmuel Weingarten was an avid Zionist. He published, among other things, a book demonstrating the collection of anti-Zionist letters in Dovev Siftei Yeshanim were forgeries. At the end of his life he obtained letters sent to R. Schlesinger’s group (although they don’t mention it, Weingarten shows they in fact were)and published them in a volume titled B’Shevach Yishuv Ha’aretz. These letters were from many Rabbis, some who were not that well known. Weingarten, as he notes, had to spend considerable effort tracking down and providing biographical information about these persons. He also transcribed the letters. He, unfortunately, did not live to see this book published.

In 1999/2000 some in Beni Brak B. Margolius (most likely a woman due to the lack of first name), published a book, Ragli Mevasar. This book is divided into three parts. The first two are biographies of R. Schlesinger and his father in law. The last part are the very same letters originally published by Weingarten. Additionally, they include the very same biographies that Weingarten did. There is absolutely no attribution at all! I have included a page from each were the reader can see how they are the same. The top page is from Weingarten and the bottom from Ragli Mevasar. None of the library catalogs I have seen note that this is plagiarized.




The Kabbalat Shabbat Memorandum by Rabbi Prof. Daniel Sperber

The Kabbalat Shabbat Memorandum       Sivan 5773
by Rabbi Prof. Daniel Sperber
The recent rather
acrid debate on women leading the Kabbalat Shabbat service appeared, at first,
to be primarily a halachic one. But it soon overflowed into additional areas,
revealing it as a clearly political polemic. Indeed, I found the whole
discussion which appeared on a whole series of blogs, and a major published
article, most astonishing. We are not talking about women reading the Torah
and/or having aliyot. The criticisms raised against this practice I can well
appreciate, though I disagree with them and have sought to refute them.
But here we are
talking about a practice first established in the latter years of the 16th
cent., among a small group of people, disciples of the Ari ha-Kadosh in Safed,
which took place outside the confines of the synagogue looking over the hills
and watching the sunset, and reciting some psalms and piyyutim. It gradually
spread to other venues, first being practiced outside the synagogue in the
courtyard, and, later, when in the synagogue, recited at the bimah, rather
than the chazan’s lectern, clearly to emphasize its different status from the Maariv
service. In many communities there is no sheliah tzibbur leading the
service; rather the congregants sing the Psalms together. Indeed, in small
communities often the service begins even before there is a minyan of
ten men, and the congregation wait for the requisite number in order to say Barchu.
As to the argument that, as it is followed by Kaddish, it must
have the status of a tefillat tzibbur or teffilat rabbim, a
communal service which cannot be led by women, it should be noted that the Kaddish
Yatom
only comes after Mizmor Shir le-Yom ha-Shabbat, which is
already found in some Rishonim as part of the Maariv Shel Shabbat;
and therefore does not in any sense relate to the Kabbalists of Safed’s Kabbalat
Shabbat
. Furthermore, Kaddish Yatom itself may be recited by women,
as was ruled by R. Ahron Soloveitchik and others. But, in point of fact, this Kaddish
is not found in early sources, such as the Tur (Orah Hayyim 337).
 Indeed, the whole argument aimed to
give Kabbalat Shabbat this new status is far-fetched.
But the debate
about Kabbalat Shabbat was intended to have far broader implications,
for, by the same argument it would also disallow women to lead Pesukei
de-Zimra
, for example. Indeed, this tendentious aim is overtly revealed by
yet another argument put forward, namely that a Shaliah tzibbur must
have a full beard; something that obviously excludes women, (Shulhan
Aruch
53:6). The reason given is the dignity of the congregation, kevod
ha-tzibbur
, which is clearly irrelevant in present day society.  Both the Maharam Mi-Rotenberg and the Rashba
agree that the congregation can waive this requirement.  The original ruling applied only to
permanent shlichei tzibbur, not to occasional readers, and, on occasion,
even a thirteen-year old, who has reached maturity may lead the service.
Additionally, the Biur Halachah writes that this requirement may be
waived when there is no one else to fulfill this function. And finally, this
restriction referred to very specific prayers, such as Keriat Shema, on
fast-days in Eretz Yisrael because of drought, and The High Holidays. In any
case, nowadays hardly any synagogue requires its reader to be bearded; even
American Rabbis are often clean-shaven, because the plain meaning of that
ruling is that a service should be led by one who is mature, i.e.
post-bar-mitzvah. And a thirty-year old without a beard is fully eligible to
serve as a shaliah tzibbur. Indeed some of greatest hazzanim were
beardless, such as the Koussevitzky brothers, Mosheh, David, Jacob and Simhah,
Leibele Waldman, Leibele Glanz, Zavel Kwartin, Shmuel Malavsky, to list only a
few of the best-known names.
Two additional
arguments were put forward. Firstly, that for Kabbalat Shabbat, the Shaliah
Tzibbur
wears a tallit. This, of course, is in the case where there
is a Shaliah Tzibbur. Now according to the Magen Avraham (Orah
Hayyim
18:1) citing the Bayit Hadash (Bah) one really should
remove the tallit one is wearing when one says Barechu since it is night
and one does not wear tzitzit at night. And so many Aharonim
specifically rebuked those who wore a tallit at night. However, those
who did so, did so because of kabbalistic reasons related to Kevod Shabbat,
and not kevod ha-tzibbur. Indeed, there were even those who wore a
tallit for kiddush at home, and kiddush at home is hardly a tefillat
tzibbur
or rabbim, (see J. Levy, Minhag Yisrael Torah 1,
Brooklyn 1994, pp.87-88).
The second point
raised was, curiously enough, from R. David Sperber, my grandfather’s Teshuvot:
Afrakasta de-Anya
, (3rd ed, Israel 2002, vol.4, p.215). There he
says that if one cannot find a minyan, at least try to pray with two
other people, since this would constitute a tefillat rabbim, which is
more readily accepted by God. He derives this from a passage in Hayyei Adam
(Klal 68:11) who says that every mitzvah which can be done be-haburah
in a group, should be so done, and not as an individual, because “the
greater the number of people, the greater is the honour to the king.” If
three people give tzedakah, does that make it a rabbim? If three
people declaim Psalms together does that make it a tefillat rabbim?
Surely the term my grandfather zt”l used was not intended to give a
special status to the group of three, but merely to say that such a mitzvah
or prayer is more acceptable before the Holy One Blessed be He, than that of a
single individual. (His other reference to vol.2 p.211 is quite irrelevant to
this issue.)
(On a personal
note, I might add, that in order fully to understand my sainted grandfather’s
ruling, one has to appreciate his particular brand of hassidic piety, which was
a blend of halachah, kabbalah and a special brand of hassidut. See my father’s
introduction in his Michtam le-David on the Torah.

His belief in the
efficacy of prayers was all so evident to anyone who saw him in prayer.  I served him in his latter years and
received my semichah from him.)
Now my learned
colleagues knew all these facts, which are plainly evident to anyone who is
conversant with the relevant sources. Nonetheless, they chose to disregard
them, or to reinterpret them in a forced fashion.
So looking more
closely at the discussion, it becomes evident that rather than this being a
genuinely halachic debate, it is more a socio-political polemic, built on shaky
grounds and dressed in the somewhat misleading garb of halachic disquisition.
(And see now the
very significant comments of Prof. Marc B. Shapiro, (link), and Rabbi Zev Farber’s responses to Rabbi R. Freundel’s articles.)
Another note on
Women’s aliyot.
One of the
central points of controversy between those who permit women’s aliyot and those
who do not, is the understanding of the critical text in B. Megillah 23a which
states that “all are counted among the seven aliyot, even women and
children. But the Rabbis said: ‘A woman should not read the Torah because of
the dignity of the community’ “. It is this final section that is the main
source of the controversy. Some have claimed that “But the Rabbis said: A
woman should not read…” is an absolute decree that cannot be changed.
Others – myself included – have argued that this is advice, rather than a
decree, limited by the principle of “the dignity of the community”.
That is to say, if there is no such slight on the community, the advice becomes
irrelevant. I argued that most of the places where the phrase “But the
Rabbis said” may be understood as “advice” and not
“decree”. Recently Ephraim Bezalel Halivni sought to show that in
many instances “But the Rabbis said” should clearly be understood as
a “decree” formulation. However, he himself (Studies in Liturgy
and Reading The Torah
, Jerusalem 2012, p.160) agrees that there are examples
where this phrase can be understood as “advice”. Hence, even
according to his position, he will have to agree that it is possible
that in our Megillah text “But the Rabbis said” may be advice. In
other words there is an element of uncertainty (safek) as to the precise
interpretation of that text.
And even if we
were to interpret it, as have some, as a decree, it is a decree with a reason.
Now there exists a well-known controversy between Rambam and Raavad as to
whether when the reason for a decree is no longer relevant the decree is still
in force; Rambam says yes, and Raavad disagrees. It is true that in such
controversies we follow the Rambam; however, it is equally true that it is not certain
that he is correct.  Perhaps the
Raavad’s position is more correct. In other words, there still exists an
element of uncertainty (a safek) as to who is right. It is just that in
accordance with certain pragmatic rules of halachic adjudications (pesak),
we follow the ruling of Rambam.
Moreover, R.
Yosef Messas added a further consideration, arguing that even according to the
view of Rambam, this principle only applies where there is a fear that the
original reason could be relevant in the future. But in a case where there is
little or no reason to think that the reason will resurface, the original
prohibitions may be disregarded, (Otzar Michtavim 1, 454; cf. Marc B.
Shapiro, Conversations 7, 2010, p.101). Here too, we may be fairly
certain that in our modern society the dignity of the community will not be
impugned by a woman’s aliyah even in the future, in addition to which, we have
already pointed out that a community can, according to both the Maharam
Mi-Rotenburg and the Rashba, forgo their dignity should they so wish.
Now, I cannot say
that R. Messas’ interpretation is necessarily correct.  There exists a safek, in fact, a
triple sfek sfeka: (i) what is the correct interpretation of B.
Megillah’s phrase, (ii) whether to rule like Rambam or the Raavad, and (iii) even
if one follows Rambam, should we accept R. Messas’ interpretation that it
applies even when there is little or no reason to think that the reason will
resurface.
Without going
into all the details of the very complex kuntres sfek-sfeka, surely here
we should rule: sfek sfeka le-kula, most leniently, admitting the
permissibility of women’s aliyot, especially when added to all our other
arguments.
Final Note
And finally, a
somewhat pedagogical comment. The Beit Yosef, of R. Yosef Caro in Yoreh Deah
242 writes:

It is forbidden for a hacham to give a ruling permitting
something which looks strange, for the masses will see this as permitting the
forbidden.

He bases himself
on Hagahot Maimoniyot to Rambam Hilchot Talmud Torah chapter 5 sect.6.  Now almost all innovations look strange, and
can easily be understood as permitting the forbidden . And indeed this is the
ruling in Shulhan Aruch Yoreh Deah 242:10. (And see Beur ha-Gra ibid. sect. 21
for Talmudic sources.) But the Shach (Siftei-Chen) ad loc. sect.17 modifies
this statement as follows:

It would appear that this [refers to a case] where he permitted
[something] without any explanation [for his ruling] – setam – and
indeed so it appears from the proofs he brings from Hagahot Maimoniyot and B.
Sanhedrin 5ab… and B. Nidah 20a…, and the beginning of B. Berachot (3 b)…  But if he tells the questioner the reason
for his ruling, and explains to him his arguments (ומראה
לו פנים), or if he brings
evidence from the book, it is permitted.

And the Beer
Heiteiv brings this in abbreviated form. (See also note 8, ad loc. in Otzar
Mefarshim in the Machon Yerushalayim [Friedman] ed. of the Shulhan Aruch.)
This indicates to
us very clearly that all the changes that we are advocating must not only be
firmly based in our canonic sources, but also clearly presented to the general
public.