The Agunah Problem, part 2; Wearing a Kippah; More Censorship by ArtScroll

The Agunah Problem, part 2; Wearing a Kippah; More Censorship by ArtScroll
Marc B. Shapiro
1. Continued from here.
There is even an opinion, which as far as I know is accepted by many, that if a man apostatizes the beit din can still not force him to issue a divorce. This is first mentioned by R. Meir of Rothenburg and his reason is quite surprising. He says that a woman would rather be married to an apostate than not married at all.[1]
כתב מורי רבינו עובר על דת או אפילו משומד אין כופין אותו להוציא ותדע מדלא מנה רשע עם שכופין אותן להוציא וטעמא דטב למיתב טן דו מלמיתב ארמלו אם לא שעבר על דת שקיבל עליו חרם שהוא כלפי דידה כגון שלא להכותה או שלא להקניטה.
This position, and the opposing one that we do force a meshumad to give a get: משומד כופין אותו על ידי גוים, is mentioned by R. Moses Isserles, Even ha-Ezer 154:1.
Today, there is no way in the world that a religious woman would wish remain married to an apostate, so how could the hazakah טב למיתב טן דו מלמיתב ארמלו be applicable in such a case? I therefore don’t see how any beit din could tell a woman whose husband apostatized that they are not able to compel him to divorce her. Incidentally, R. Solomon Luria couldn’t believe that R. Meir of Rothenburg really meant what he said. According to R. Luria, the word משומד here does not mean “apostate” but a משומד לכל התורה, that is, a complete sinner who is still in the Jewish community and can be brought back to Torah observance, perhaps even by his wife.[2]
כל זמן שלא נטמע ביניהם אפי’ הוא משומד לכל התורה כולה אין כופין אותו מאחר שיכול לקיים שאירה כסותה ועונתה כראוי וגם אולי על ידה יתחרט ויחזור למוטב ובזה יתיישבו דברי מהר”ם שכתב שאין כופין כלל אפילו משומד.
This is not the standard position as pretty much everyone assumes that R. Meir of Rothenburg was talking about an actual meshumad. Yet it must be noted that as with R. Luria, R. Jehiel Jacob Weinberg also found R. Meir of Rothenburg’s language strange, since how can you say טב למיתב טן דו מלמיתב ארמלו about a woman living with an apostate? R. Weinberg therefore suggested that perhaps R. Meir just meant a sinner.[3] Elsewhere, R. Weinberg sees it as obvious that a Jewish woman would not want to marry an apostate, even one who has repented from his apostasy.[4]
והנה זה דבר ברור שהמומר מאוס בעיני כל אחד מישראל, ואפילו אם חזר בתשובה שלמה הוא מאוס כשזוכרים שהמיר את דתו, וק”ו ב”ב של ק”ו אם לא עשה תשובה שלמה אלא הרהר תשובה בלבו ואח”כ חזר לסורו שהוא מאוס ואין שום בת ישראל מתפייסת עם אדם כזה.

הכל יודעים ששום בת ישראל לא תנשא לאיש שהמיר דתו אפילו אם עשה אח”כ תשובה בלבו ואפילו אם ימיר את דתו החדשה בדת ישראל.

Just as with the case of a real meshumad, it is hard to imagine that today a woman who wants to divorce her husband because he has become completely non-observant, and the husband refuses to give the get, that this woman would not be regarded as an agunah. I am speaking about the more modern communities. What about in the haredi world? I was shocked to read the following in a recent work by R. Judah Itah explaining why it is that even today a woman would rather be married to an apostate than be alone, something that is obviously factually incorrect and is a terrible indictment of Jewish women.[5]
והנה בדין זה אם כופין המומר לכאורה איירי דבאה האשה ומבקשת מהבי”ד שיעזרו לה לצאת מרשות המומר כי לא טוב לה להיות בחברת המומר. א”כ היאך אתה דוחה את רצונה בנימוק דטוב לה כיון דטב למיתב תן [!] דו וכו’ הרי היא זועקת דאין זה טובה בשבילה. וצ”ל דקים לחז”ל דכל אשה רוצה להיות בחברת איש מלהיות בודדה, ומה שאומרת שרצונה לצאת מהמומר לא זה סיבה בגלל המומר אלא אפשר מפני שעיניה נתנה באחר ולכן אין כופין המומר, דלא מאמינים למה שאו’ שכל רצונה לא להיות בחברת המומר.
Can R. Itah really believe that a Bais Yaakov girl could live with an apostate and the only reason she would scream to get out of the marriage is because she has her eye on someone else? If there was a haredi woman who chose to remain with an apostate rather than demand a divorce, wouldn’t the haredi world regard her as a traitor?
In the previous post I discussed R. Weinberg’s responsum dealing with a man accused of sexual abuse. In that case, R. Weinberg refused to force him to give a get. This responsum is mentioned in a 2013 decision by the Jerusalem Beit Din available here. In a 2-1 decision the beit din refused to order a convicted sexual abuser to give his wife a get. The majority recommended that the husband give a get, but as far as compelling the husband, or even telling him that he was obligated to give a get, the beit din felt that its hands were tied.
We are taught that the ways of Torah are pleasant. Can it really be that a woman who wants to be divorced from a sexual abuser has no recourse? Must it be the case that the beit din’s hands are tied and the husband can keep his wife a prisoner? 
This brings me to a suggestion which can perhaps solve some of the problems at least in the State of Israel. I am not naive enough to think that it will ever be implemented, but I do think that it is a good approach. As I just mentioned, the Jerusalem Beit Din case of the convicted sexual abuser was decided by a 2-1 majority. One of the dayanim thought that the husband could be compelled to give the divorce, but unfortunately for the wife he was in the minority. If you examine the decisions of the various batei din you find that some dayanim are more liberal than others when it comes to ordering the husband to issue a divorce. This doesn’t mean that the other dayanim are “bad guys”, as some feminists like to portray them. They just feel bound by certain halakhic restrictions. The more liberal dayanim, however, follow a halakhic tradition that assumes that if the husband and wife have been separated for a long time, or if there are good reasons for the woman to want a divorce, even if these reasons are not mentioned in the Talmud, then the husband can be forced to issue the get.
Since I think we all agree that freeing women from dead marriages is a positive goal, would it violate any halakhic procedure for certain communities to have batei din composed exclusively of those rabbis who accept the halakhic position that a husband can be obligated to divorce his wife even in cases not specified in the Talmud? This would not be an example of deciding the halakhah before the case was heard, but only of creating a beit din of dayanim who are at least open to a more liberal understanding of when divorce is to be required.
This would no different than the conversion courts set up in Israel recently under the direction of R. Nachum Rabinovitch. Only dayanim who have a liberal perspective on conversion are on this court. This doesn’t mean they will always agree on all points, but they will agree on certain baseline positions. This might be a solution to the sort of case that appeared before the Jerusalem Beit Din, discussed above. Had the make-up of the beit din been different, rather than a 2-1 decision leaving the wife in a miserable marriage perhaps for the rest of her life, the decision could have been 2-1 or 3-0 in her favor.
I don’t think anyone would object if a community said, for example, that they will only hire a rabbi who supports, or opposes, the heter mekhirah. That is the community’s prerogative. So why should it be problematic to say that for certain communities only dayanim who have a liberal perspective on when a husband is obligated to give a get should be seated on batei din dealing with these issues? I think that some dayanim will be fine with this. While their interpretation of halakhah does not generally permit them to obligate a husband to give a get, they recognize that others have a different perspective. It is not uncommon for a posek to tell a questioner that he should inquire of another posek who will probably give him a more lenient answer. For example, both R. Shlomo Zalman Auerbach and R. Ovadiah Yosef, when confronted with questions about abortion, rather then reply that it was forbidden they advised the questioners to ask R. Eliezer Waldenberg, as he had a more lenient opinion in this matter.[6] Many more such examples could be cited dealing with a whole host of issues.[7]
Here is what appears in R. Eliyahu Sheetrit’s Rabbenu, p. 137. 

It describes how R. Ovadiah Yosef did exactly what I am suggesting. He purposely arranged to have a dayan join the beit din on a certain day, knowing how this dayan held in a halakhic matter. In other words, R. Ovadiah was “stacking the deck” to get a decision he believed to be correct. If R. Ovadiah felt comfortable in doing this, then I don’t think there is a problem with picking dayanim who are known to accept the view that men can be required to issue a get in a wide range of cases.
Another way to solve the problems I have written about in the last two posts would be if the batei din accepted the view of R. Moshe Feinstein that when the husband and wife are living separately, and there is no chance of reconciliation, then halakhah requires the husband to give a get. I realize that R. Moshe’s position is not in line with the sources I have previously referred to, but since so much is at stake, perhaps the dayanim could agree that R. Moshe’s position is sufficient to rely on. This is what he states in Iggerot Moshe, Yoreh Deah 4, no. 15:2 (emphasis added):
ובדבר איש ואשה שזה הרבה שנים שליכא שלום בית, וכבר שנה וחצי דרים במקומות מופרדים, וכבר ישבו ב”ד חשוב ולא עלה בידם לעשות שלום ביניהם. וראינו גילוי דעת חתום מהב”ד שלא הועיל כל השתדלותם לעשות שום. וכנראה מזה שהב”ד סובר שא”א לעשות שלום ביניהם. אז מדין התורה באופן כזה מוכרחין להתגרש ואין רשות לשום צד לעגן, לא הבעל את אשתו ולא האשה את הבעל, בשום עיכוב מצד תביעת ממון. אלא צריכים לילך לפני ב”ד לסדר התביעות בענייני ממון ולסדר נתינת וקבלת הגט.
R. Moshe’s approach was anticipated by R. Hayyim Palache in the 19th century. Therefore, if some poskim feel that R. Moshe’s authority isn’t enough to rely on, R. Palache words might be sufficient for them (and indeed, in recent years some dayanim have relied on R. Palache).[8] R. Palache actually sounds like he is describing the contemporary scene when he says that if either husband or wife refuses to allow the divorce to go through in order to take revenge on a spouse, that the heavenly punishment for such an action is very great. He then says that if it has been eighteen months and the couple still can’t get along, then the husband is forced to give a divorce.[9]
וידעו נאמנה כי כל הבא לעכב מלתת גט בענין זה כדי להנקם זה מזה מחמת קינאה ושינאה ותחרות כאשר יהיה האופן פעמים שהאיש רוצה לגרש והאשה אינה רוצה וכדי להנקם מהאיש מעכבים הדבר שלא לש”ש עתידין ליתן את הדין . . . וכמו כן להפך כשהאשה רוצה להתגרש והאיש איו רוצה וכדי להנקם מהאשה מעכבים מלתת גט שלא לש”ש כם בזה לא בחר ה’ ויש עונש מן השמים . . . והנני נותן קצבה וזמן לדבר הזה דאם יארע איזה מחלוקת בין איש לאשתו וכבר נלאו לתווך השלום ואין להם תקנה ימתינו עד זמן ח”י חדשים ואם בינם לשמים נראה לב”ד שלא יש תקנה לשום שלום ביניהם, יפרידו הזווג ולכופם לתת גט עד שיאמרו רוצה אני.                     
As I mentioned, some dayanim will be very content not to sit on cases where their stringent approach will lead to a situation where the husband is not obligated to give his wife a get. They will recognize the problems women are sometimes placed in because of their approach and be happy that other dayanim have a different perspective, even though they themselves cannot agree. What then to do about the dayanim with a stringent perspective who will not agree to recuse themselves? I don’t see any reason why communities cannot declare that they do not wish to accept a situation where women are locked in dead marriages if there are valid halakhic options. As such, they will only hire dayanim who adopt a liberal perspective as to when a husband can be obligated to issue a divorce. This does not mean that these communities would be deciding cases in place of the dayanim, and every case is obviously different. However, there is nothing wrong with inquiring of a dayan what his halakhic philosophy is before seating him on the bench. This has nothing to do with deciding specific cases, as anyone who has ever watched a Supreme Court nominee hearing understands.[10] You are permitted to ask a question of a posek whom you assume will offer a lenient decision, as long as you are prepared to follow the decision even if in the end it is not what you expected. By the same token, one can appoint as a rav or a dayan someone whose halakhic philosophy is in line with the values of the community he will serve. That is all that I am suggesting
As mentioned in the last post, R. Jehiel Jacob Weinberg states that if there is a dispute among halakhic authorities, we must reject the view that will bring the Torah into disrepute in people’s eyes (Kitvei ha-Gaon Rabbi Jehiel Jacob Weinberg, vol. 1, p. 60):
ואגלה להדר”ג [הגרא”י אונטרמן] מה שבלבי: שמקום שיש מחלוקת הראשונים צריכים הרבנים להכריע נגד אותה הדעה, שהיא רחוקה מדעת הבריות וגורמת לזלזול וללעג נגד תוה”ק.

This formulation of R. Weinberg can provide justification for the approach I am suggesting. Interested readers should also examine R. Eliezer Waldenberg, Tzitz Eliezer, vol. 5, no. 26, where he writes to R. Elyashiv and justifies his liberal perspective. He sums up his position with these important words

ואחרי זאת בקחתנו גם בחשבון חומר השעה המיוחד שאנו חיים בה בתקופתנו אשר רבו שוטני התורה וכן בראותינו פירצת הדור הצעיר המנוער מתורה ויראת שמים וכשלא מוצא אוזן קשבת לדבריו עושה במחשך מעשיו, וכמה פעמים הרי אזנינו שומעות ולא זר מהמכשולים הגדולים שהנשים נכשלות ומכשילות את הרבים באיסור א”א ואנו עומדים רפה אונים באין בידינו להעמיד הדת על תלה, נדמה לי ששפיר ישנו במה שכתבתי בספרי שם כר נרחב לתת מקום לדון בכובד ראש בהערכת כל מקרה ומקרה שלטענת מאוס עלי ולהשתמש לפי הצורך בכפיה . . . ולכן לפענ”ד נאמנים המה דבריו של המהר”א טוואה בחוט המשולש שכותב שאפי’ לדעת הסוברים שלא לכוף אם יש צורך שעה בכפייה יכופו דאין לדיין אלא מה שעיניו רואות, ובלבד שתהא כוונת הדיין לש”ש ויחקור על הדבר כראוי.

I quoted R. Waldenberg at length as there are some people who thought that my previous post sounded “reformist”, because I argued that divorce halakhah should not be decided in a vacuum but should take into account the contemporary reality. As you can see, this is exactly what R. Waldenberg says.

R. Waldenberg concludes that the final decision on this matter should come from all the rabbinic courts in Israel. He does not want to have a situation like we have today, where different courts have entirely different approaches when it comes to how to deal with divorce law. 

There is another point that is important to make. I have heard people say that the problem of the agunah that we have today, where a man refuses to give his wife a get, is a new phenomenon. This is completely incorrect, as this phenomenon is already seen in the medieval responsa. However, you won’t generally find it discussed among the responsa that deal with agunah. The matter is discussed when dealing with whether one can be forced to give a divorce. From medieval times until the present, women in unhappy marriages have demanded divorces. As we have seen, in situations that many people today would consider cases of agunah, in prior generations the rabbis ruled that the woman was not entitled to a get

Even in earlier years, however, we do find examples of agunot where the husband refused to give a get, even after being told to so by a beit din, and the community tried to help. The 19th century Hebrew newspapers have a number of such cases. Here is one example that appeared in Ha-Magid, Feb. 13, 1861, pp. 27-28.
It is interesting that when they caught up with the man they imprisoned him in the rabbi’s house. They also took his money and used it as leverage.
Let me make one final point. In matters of divorce my feeling is that when either husband or wife wants a get, and it is obvious that there is no future in the marriage, then neither party should prevent the divorce from taking place. There shouldn’t be any reason to go to a beit din to force a divorce. Adults should be able to see that the marriage isn’t working out and come to a conclusion that it is time to end it. Any husband who chooses to withhold a get when he knows that the marriage is over is acting in a very cruel way, and the full weight of halakhically acceptable communal pressure should be brought on him. Nothing should scandalize us more than a so-called religious person keeping his wife captive as a means of revenge. I would even suggest reading the names of some agunot during the Shabbat prayers, in order to sensitize people to the issue.
I know that many people will regard what I have just written as obvious. What I will now say might anger some, but I think that it too should be obvious. I have often heard it said that a get should never be withheld, and that the get should be given immediately. For example, on ORA’s website it states: “[I]t is never acceptable to refuse to issue a get once the marriage is irreconcilable.” On JOFA’s website it states: “As soon as it becomes clear that there will be no reconciliation, the Get should be written and delivered to the woman so that it cannot be used as a bargaining tool in financial or custody negotiations.” 

While in general both these statements are correct, it is not correct that this is always the case. For instance, let’s say the wife runs away to Europe with the kids. Does anyone seriously think that the husband is still obligated to give her a get? In such a circumstance it is entirely appropriate for the husband to insist that she come back to the United States and settle all custody issues before a get is issued. Or let’s say a husband and wife separated, and the wife refuses to let the husband see his children. It could be many months before the secular court rules on the matter of visitation. Why would anyone think that in the meantime the husband is obligated to give his wife a get if she refuses to allow him to see his children? I don’t think that there is any reputable beit din in the world that would side with the woman in these two cases. These are obviously extreme examples, and have nothing to do with the typical agunah case we hear about. Yet we should be aware that there are nuances that sometimes come into play, and every case must be investigated by a reputable beit din before judgments are made.

Finally, those who want to learn more about the matters we have been discussing should consult R. Shmuel Gartner’s detailed book, Kefiyah be-Get (Jerusalem, 1998). A 2000 page book with the title Mishpat ha-Get has just appeared. I have not yet seen it but it must have important material as well. There is also another book that is worth noting, R. Raphael Aaron Ben-Shimon’s Bat Na’avat ha-Mardut (Jerusalem, 1917). R. Ben-Shimon (died 1928) was a leading Egyptian rabbi and author of a number of significant works. What makes Bat Na’avat ha-Mardut of particular interest is that he has a number of formulations that if written today would lead certain people to claim that he was a feminist or an adherent of Open Orthodoxy. For example:

P. 4:

ואמנם בזמנינו זה הנה מתלאה, כי הוסב דין המורדת לאכזריות נוראה כי בתי דינין בזמנינו האחרונים, לסיבת כי לא מצאו כל הדין מפורש מה יעשה לה להמורדת בטענת מאיס עלי ואחרי אשר אין לנו עתה דין הכפיה לכוף את הבעל לגרש בשום אופן אחזו בשיטת החומרא עד דיוטא התחתונה, ושמו להם לקו כי המורדת היא כאשה מפרת באמונה וכל חמירא דאיכא ברשותייהו נתנו אותה על ראש המורדת האומללה, כאלו הוא דין דאיסור והיתר אשר המחמיר בה בטוח הוא ממכשול יותר מהמתיר, וע”כ העמידוה על גחליה ריקה. חופשה לא ניתן לה, הפסידה נדוניתה וכ”ש כתובתה, ואף אם חזרה בה לא יקבלו תשובתה
P. 8:
דהרמב”ם ז”ל נתמלא חמלה וחנינה על בנות ישראל
P. 154:
 ואמינא ולא מסתפינא שאם היה הרמב”ם ז”ל חי אתנו היום, היה מרעיש העולם, על אחרוני זמננו אשר דנין את המורדת דמאיס עלי במשפט מר וקשה ואכזרי כנ”ל, ואומר בקול רם הלא תבושו הלא תכלמו לתלות בי קלון אכזריות כזאת אשר לא דמיתי, ולא עלתה על לבי, הן אנכי חסתי על נפשות בנות ישראל, שיחיו חיי צער ויהיו כשפחות וכשבויות חרב להבעל לאיש שנוי [שנאוי] נפשם
2. In the previous post I referred to a couple of Supreme Rabbinic Court decisions. In these cases R. Elyashiv was a member of the court and the decisions were published in the Piskei Din shel Batei Din ha-Rabaniyim be-Yisrael. In both of the cases I cited the decision was unanimous and no individual dayan is recorded as having authored the published decision. Nevertheless, the rulings are reprinted in R. Elyashiv’s Kovetz Teshuvot, vol. 1, as if they were written by him alone (and maybe they were, but no evidence for this is provided). This volume was not published by R. Elyashiv but by one of his followers, and is a collection of previously published court rulings and responsa. There are 253 sections and the table of contents at the beginning of the volume provides the original sources of all the material.
When you look at the list of sources you find something unusual. While the names of the various books and journals are given one also finds some abbreviations. This is strange since these abbreviations are nowhere explained, and abbreviations are only used for a very small number of the many different sources. I was unable to figure out what all of the abbreviations mean but I did figure out the following:
פ”ד = פסקי דין של בתי הדין הרבניים בישראל
י”א = יביע אומר
ד”י = דרך ישרה
מ”ש = משפטי שאול

When reprinting rulings from R. Elyashiv that appeared in the Israeli government Beit Din publication, rather than telling the reader where they are taken from, all we get is פ”ד. Similarly, the typical reader will have no way of knowing that material has been taken from R. Ovadiah Yosef’s Yabia Omer, R. Yitzhak Yedidyah Frankel’s Derekh Yesharah, and R. Shaul Yisraeli’s Mishpetei Shaul. Obviously, for the individual who published the Kovetz Teshuvot, there is something problematic with all of these individuals, and with the government beit din, and he therefore wouldn’t even mention the name of their publications.
If you look at Yabia Omer, vol. 3, Orah Hayyim no. 33, and Mishpetei Shaul, no. 34 you can see the original letters from R. Elyashiv. Needless to say, in these letters he relates to R. Ovadiah and R. Yisraeli as valued rabbinic colleagues. However, in Kovetz Teshuvot the beginning of the letters has been deleted, and the reader therefore has no idea who R. Elyashiv was corresponding with. Elsewhere in Kovetz Teshuvot, when the recipient of a letter is “kosher” in the eyes of the publisher, the beginning of the letter is indeed included.[11] For some reason, in the list of sources the publisher does not abbreviate the titles of R. Isaac Herzog’s Heikhal Yitzhak and R. Yitzhak Nissim’s Yein ha-Tov. Yet he still deletes the beginning of R. Elyashiv’s letters taken from these books, so the reader does not see the very respectful way he refers to R. Herzog and R. Nissim. Here, for example, is how R. Elyashiv’s letter appears in Heikhal Yitzhak, vol. 2, no. 24.

As you can see from the titles R. Elyashiv gives to R. Herzog, he has the utmost reverence for him.

Here is how the page appears in Kovetz Teshuvot, where all this is deleted.

Also, notice how at the beginning of the letter in the original it says אני מודה לכ”ג מרן, yet the wordמרן  is deleted from Kovetz Teshuvot. In the second paragraph R. Elyashiv writes
ואנכי לא באתי בשורות אלה אלא להשיב על מה שהעיר מרן שליט”א

In Kovetz Teshuvot מרן has been removed, leaving us with להשיב על מה שהעיר שליט”א, which doesn’t make sense since שליט”א does not follow a verb.[12]
For those who have read my new book, this example will not be surprising and illustrates once again the lack of basic intellectual integrity that we find in some segments of the haredi world. From the response to my book, I can tell you that the ones most upset about this sort of thing are none other than haredim. They really believe in the haredi outlook and can’t understand why some members of their society, such as the publisher of Kovetz Teshuvot, feel that the haredi position is so weak that it can only survive by misleading people. How could a haredi not be upset when seeing how a publisher feels that he knows better than R. Elyashiv which rabbis are deserving of respect, and therefore takes upon himself to “correct” R. Elyashiv’s “mistakes”? If this is not a complete undermining of Daas Torah, then I don’t know what is.
3. In this post I referred to the German Orthodox practice of men not wearing a kippah. R. Yoel Catane informed me on the authority of his mother, a native of Frankfurt and a relative of the Breuer family, that even R. Joseph Breuer when he taught secular subjects at the Hirsch school in Frankfurt did so without a kippah. R. Catane also points out that many German Orthodox Jews continued the practice of going bareheaded even when they came to Israel. R. Catane gives as an example of this Yitzhak Ernst Nebenzahl, who served as State Comptroller in Israel and was punctilious in his Torah observance. His son is the famous Rabbi Avigdor Nebenzahl. Even in his old age in Jerusalem, the elder Nebenzahl continued his practice of going bareheaded, which when it came to the German Orthodox was not a reflection about their level of piety. Here is a picture of him without a kippah.
Dr. Aharon Barth, a grandson of R. Azriel Hildesheimer, was also a well-known German Orthodox Jew. He served as the director of Bank Leumi and was one of the two people whose signature was on the first currency of the State of Israel. He also wrote the Orthodox philosophical work Dorenu Mul She’elot Netzah, which has been reprinted a number of times and has also been translated into English, French, and German. You can read about Barth here. Here is his picture showing him bareheaded.

R. Catane mentioned the following anecdote. Once Barth was giving a lecture to bankers in Israel and he heard some thunder. He stopped the talk, took a kippah out of his pocket and put it on his head, made the blessing on the thunder, then put the kippah back into his pocket and continued with the lecture.
4. In Saul Lieberman and the Orthodox I wrote about how in its English translation of R. Zevin’s Ha-Moadim ba-Halakhah, ArtScroll censored references to Saul Lieberman, removing his rabbinic title. Leon Well pointed out to me that ArtScroll didn’t just remove the “R.”, but in one case removed Lieberman’s name entirely. In Ha-Moadim ba-Halakhah (Tel Aviv, 1955), p. 133, in the article on Shemini Atzeret, R. Zevin writes:

בנוגע לתוספתא משער ר”ש ליברמאן [!] ב”תוספת ראשונים” השערה חריפה

In the Festivals in Halachah, vol. 1, p. 346, the following “translation” appears: “As regards the passage from Tosefta on which Rashi’s interpretation is based, Tosefes Rishonim ventures a daring speculation.”

On the topic of Saul Lieberman’s name being censored, Professor Yaakov Spiegel called my attention to the following. Here is R. Dov Berish Zuckerman’s Beit Aharon: Beurei ha-Rambam al pi ha-Meiri (Jerusalem, 1984) p. 311.

This volume appeared posthumously, published by Machon Yerushalayim. If you look at the second column, 6 lines from the bottom, it says שוב הראני חכם אחד. Who is the anonymous scholar? What appears in this book had earlier been printed in Talpiot 4 (1949), p. 139. In the original we find הר”ש ליברמן שליט”א.[13]

David Farkas called my attention to another case of ArtScroll censorship, this time in its new Midrash Rabbah. Here is a page from Bereshit Rabbah, Miketz, Parashah 90.

In the Etz Yosef commentary there are three dots, showing that something is missing. This is the only time I am aware of that when ArtScroll engaged in censorship they let the reader know that something was removed, so I guess we have to be thankful for this.

What was so terrible in the Etz Yosef that ArtScroll had to delete it? Here is the uncensored version of the commentary, and as you can see, Etz Yosef cited Mendelssohn. That is why it had to be removed.

While on the topic of censorship, let me share another example of censorship of R. Kook. This time R. Kook’s name is removed from R. Meir Abovitz’s commentary on the Jerusalem Talmud.

5. I want to call readers’ attention to a new book recently sent to me by R. Yaakov Shapiro. Its title is Halachic Positions: What Judaism Really Says About Passion in the Marital Bed, available here. This is the most detailed book there is on halakhah and marital sexuality. In many ways it is designed to counter a lot of the stringencies that have arisen over time and which the author feels are non-halakhic and also psychologically unhealthy, thus making a happy, balanced marriage much more difficult. You can also watch the author herehere and here. I think readers will be surprised, and perhaps upset, when they learn that some of what they have been told is forbidden is actually permitted according to the standard halakhic authorities. See also what I wrote here in note 26.

I also should add that this book is not for the prudish, as it is very explicit in what it discusses. This in fact relates to one of the themes of the book, that halakhah itself is not prudish as sex is an important part of life and is discussed in halakhic works just like everything else. Having said that, I must note that there is a difference between being prudish and refraining from inappropriate slang when discussing halakhic matters. While the author is careful in this matter, he does refer to another recent book that makes this mistake. I am uncomfortable in even recording the title of this other new halakhic work by Rabbi S. Even-Shoshan, but readers can see it here.

I don’t think I am being overly fastidious if I say that in my opinion any halakhic work with a title like that should not be regarded as a legitimate text. My yardstick in this regard is if one would feel comfortable using a word when speaking with a great rabbi or when giving a lecture. Thus, while the term “oral sex” is fine (and I was even present when a well-known rav was asked a question using these words), for the life of me I can’t understand how a rabbi discussing a halakhic topic can use a slang word.[14] In fact, I don’t think that even an acceptable term like “oral sex” should be used in the title of a book, as it is needlessly provocative. This sort of provocative title is also found with another book published by Rabbi Even-Shoshan. One who wants to write about these matters should use a title like “Jewish Sexual Ethics” or “Marital Intimacy in Halakhah”, with all the details discussed in the book.[15]

6. In the last post I wrote about a dispute in understanding a text between Rabbis Israel Brodie and Shlomo Yosef Zevin on one side, and Profs. Shlomo Zalman Havlin and Israel Moshe Ta-Shma on the other. I was incorrect in this, as R. Zevin actually agrees with Havlin and Ta-Shma. Thanks to Rabbi Dovid Solomon for noting this.

[1] Hagahot Maimoniyot, Hilkhot Ishut 25:4.
[2] She’elot u-Teshuvot Maharshal, no. 41. Cf. Yam Shel Shelomo, Yevamot 4:22.
[3] Seridei Esh, vol. 3, p. 75.
[4] Kitvei ha-Gaon Rabbi Yehiel Yaakov Weinberg, vol. 2, pp. 443, 447.
[5] Even Sapir (Jerusalem, 2013),  pp. 358-359.                     
[6] See R. Ovadiah Yosef, Ma’yan Omer, vol. 8, p. 173; R Nahum Stepansky, Ve-Alehu Lo Yibol, vol. 3, p. 296.
[7] Since I referred to Ve-Alehu Lo Yibol in the last note, see also in this book, vol. 3, p. 191, for another example, this time dealing with a kashrut issue. R. Auerbach thought that the matter was forbidden, but stated that if the questioner wished he could also ask R. Waldenberg for his opinion. See also ibid., p. 212, where the author asked a question of R. Waldenberg and he replied, “Do not ask me. I am stringent in this matter. Go to R. Ovadiah and ask him.”
[8] Hayyim ve-Shalom, vol. 2, no. 112. Another important source is R. Shlomo Moshe Amar, Shema Shelomo, vol. 3, Even ha-Ezer no. 19. In an email to me, Prof. Amichai Radzyner noted that in recent years many dayanim have been adopting a more liberal position regarding when a husband can be forced to give a get, and also when he is told that he is obligated to give a get even if the court cannot force him. Much important material in this regard is found in the many issues of the journal Ha-Din ve-ha-Dayan, found here
[9] R. Palache’s responsum is cited by many and is an important source for those who have argued for a more liberal approach to Jewish divorce law. I don’t think anyone will be surprised that R. Abraham Samuel Judah Gestetner, who in his Megilat Plaster [Monsey, 2014] makes the ridiculous argument that R. Jacob Emden’s Megilat Sefer is a Haskalah forgery, also says that this responsum of R. Palache was inserted into the volume by an unknown heretic. See ibid., p. 85.
[10] My own opinion is that no one should be appointed a dayan in the State of Israel unless he has served in the army. After all, how can a dayan understand the people appearing before him without having had such an experience? Yet I realize that this is a pipe dream.
[11] Strangely enough, he includes the beginning of the letter to R. Yitzhak Yedidyah Frankel even though, as I have mentioned, he doesn’t tell us where the letter comes from.
[12] The censorship in Kovetz Teshuvot was also noted by Avraham (Rami) Reiner in his fine article, “Kavim Rishoni’im le-Darko ha-Hikhatit shel ha-Rav Yosef Shalom Elyashiv,” Netuim 17 (2011), p. 78 n. 12.
[13] R. Zuckerman also mentions Lieberman’s point, and refers to him by name, in Kol Torah 12 (Adar 5718), p. 22.
[14] It is worth noting that there are some passages in rabbinic literature that if said by anyone today would be regarded as nibul peh (this is the correct transliteration, not “nivul”). See Changing the Immutable, ch. 6, for some examples. See also Megillah 25b: “R. Huna b. Manoah said in the name of R. Aha the son of R. Ika: It is permitted to an Israelite to say to a Cuthean, Take your idol and put it in your שי”ן תי”ו (buttocks).” Tanna de-Vei Eliyahu: Eliyahu Zuta, ch. 22 (end), is very explicit: ‘בני אותו מקום שאתה אוהב וכו
[15] An example of what I am talking about is Jennie Rosenfeld and David Ribner, The Newlywed Guide to Physical Intimacy. This book is explicit in its discussion, but the title is an appropriate one.



Minhagim Books No. 1

I hope to present a couple of post on various Minhagim books. Some will focus on communal Minhagim books, and others on the minhagim of specific people.

The Tashbetz, also known as the Tashbetz Koton to distinguish between this the teshuvot haTashbetz, are the customs of R. Meir of Rothenburg as recorded by his disciple. The disciple’s name formed the title, however, it is unclear what exactly was his name. Obviously, it is linked to the title, Tashbetz. Some explain the title as Talmid Shimon ben Tzodok others say he was Talmid Shmuel ben Tzodok, or Tosefot Shimon ben Tzodok, Tosefot Shimon ben Yoitz, orTikkun instead. The book was supposedly written when R. Meir was imprisoned.

The book collects all the customs of R. Meir dealing with the holidays, prayers and everything in between. As R. Meir is one of the gedoli Ashkenaz many of his customs were followed by subsequent generations. Of course, his customs were generally highly influential also due to his students, R. Mordechi ben Hillel haKohen, author of the Mordechai code on the Talmud, R. Asher b. Yehiel (Rosh) as well as his son R. Jacob (Tur) as well as many others.

There are many fascinating customs, whose sources are from the Tashbetz. , standing during the recitation of the Torah, washing ones hands after the kiddush, eating head of a ram on Rosh haShana, saying Zikhron Terura when Rosh haShana is on Shabbat, reciting both Eloki ‘ad shelo netzarti and aloki netzor on Yom Kipppur and the list goes on. There are also some key passages, which explain other unclear customs. For instance, Naftali Wieder explains a rather cryptic passage in the Tashbetz as offering a totally new rational for why some people switch the word b’Fie (Bet-Peh-Yud) in Barukh She’amar to b’Feh (Bet-Peh-Hey). According to Wieder, Fie, is a curse in numerous languages, [think fie fi fo fum] and thus, the Tashbetz is saying for that reason one must alter the word.

There is actually a new edition of this book, however, it has some rather glaring flaws. The editor of this edition, [Sefer Tashbetz haKoton, Israel, 2005 Machon Torah S’beketav] states that he used a specific manuscript for this version, namely the one that he matched up with R. Yosef Karo. From the fact that this manuscript conformed with R. Karo’s readings, this was the manuscript of the Tashbatz. Why the manuscript R. Karo, who lived some 300 years after the time of the transcription of the book, is left wholly unanswered. Further, aside from matching up a couple of passages from the Tashbetz with that of R. Karo, nothing further is offered about this manuscript. The editor never dates the manuscript, talks about where it was written and by whom. In fact, the reader is left to guess whether this manuscript was written after the Shulhan Orakh and Bet Yosef and was done with the specific purpose of conforming with the readings of R. Karo. The editor never says which of the “hundreds” of manuscripts there are of the Tashbetz is actually the oldest. Only that if R. Karo may have used one then that one is dispositive of R. Meir of Rotenberg’s statements. Obviously, this is absurd.

This fundamental flaw aside, there are some positive points of this reprint. The first is that they have reproduced the first edition of the Tashbetz, Cremona 1556. This is reproduced fully, including a interesting title page which can be added to a previous post of mine. The editor has also added some notes, which at times are helpful. He generally uses abbreviation in referencing other books, he includes a key to explain these abbreviations. However, he cites to R. Daniel Goldsmit’s Machzor as well as Weider (cited above) but for those abbreviations, the reader is left on there on. I assume he did not want to “taint” anyone with citations to scholars that although he saw fit to use, did not wish to fully reveal to his readers.

For further reading on both R. Meir and the Tashbetz, see Arbach Ba’alei haTosefot, 552-564; Yode’a Sefer (in vol. 2 of the Roest Catalog) no. 2525; Encyclopedia Judaica 11:1247-53; N. Wieder, Hisgabsut Nusakh haTeffila b’Mizrak u’Ma’ariv (The Formation of Jewish Liturgy in the East and the West) Jerusalem 1998 469-491.




Hidden Treasures in Jewish Medical History at the British Library: A Post Cyber-Attack Homage

Hidden Treasures in Jewish Medical History at the British Library: A Post Cyber-Attack Homage

Rabbi Edward Reichman, MD

On October 28, 2023, the British Library (BL) fell victim to one of the worst cyber-attacks in British History.[1] Though its precious holdings thankfully remained physically unperturbed, access by scholars across the globe to the online catalog of its massive and formidable collection, some 170 million items, was disrupted. This incident shook the world’s bibliophiles to the core, and its impact on the academic community is both inestimable and ongoing. From a Jewish perspective, the BL houses one of the world’s greatest Judaica/Hebraica collections, and these unprecedented events remind us not to take for granted the value of this hallowed institution for Jewish scholarship. As of this writing, attempts to access the British Library’s Hebrew Collection online yielded the following results:[2]

In the light of this event, I feel compelled to share the lesser known, though not insignificant, contribution of the BL to the study of Jewish medical history. I explore some exceedingly rare and important items which reflect on the education of Jewish medical students in Early Modern Europe. Most are unica, found only in the BL, and all have previously escaped notice of Jewish medical historians.

I. Congratulatory Poems for Jewish Medical Graduates of the University of Padua

From the Middle Ages through much of the Early Modern period Jews were barred by Papal decree from medical training at European universities. The University of Padua in northern Italy was the first university to officially admit Jewish students for formal medical training, and its role in Jewish medical history has been well-studied. In the early seventeenth century there evolved a practice of writing congratulatory poetry for the Jewish medical graduates of the university. This poetry, which I have discussed previously in this blog,[3] appears in broadside, printed and manuscript form. The BL has unique examples in both broadside and manuscript.

A. Broadsides

The majority of the extant broadsides of this genre are found in the National Library of Israel and the Library of the Jewish Theological Seminary in New York, but the BL’s collection is substantial and contains the very earliest known examples. The BL broadsides, which took me some years to locate, are found in three miscellaneous folders and are not itemized or described in the BL catalog. A scholar of Italian Jewish history[4] directed me to an old shadow NLI catalog, still accessible online until recently, that had skeletal information about a few of these poems in the BL, but no shelfmarks were noted.[5] The librarians of the BL were unaware of these broadsides. After some years, I incidentally came across a reference to a folder of miscellaneous Hebrew broadsides in the BL and hoped that the medical poems would be among them. With the assistance of a young scholar in London,[6] who manually investigated the files on my behalf, I was ultimately able to identify all the poems.

I have identified a total of 57 different printed congratulatory broadsides for Jewish Padua medical graduates, copies of some of which can be found in multiple libraries. The BL holds a total of fourteen different broadside medical poems, nine of which are not found elsewhere.[7] Some of the personalities who are either authors or recipients of these poems include Salomon Conegliano,[8] Isaac Hayyim Cantarini,[9] and Shmuel David Ottolenghi.[10]

While the earliest poem in the JTS Library is from 1643, and in the NLI from 1664, the BL holds two broadsides from the year 1625, the earliest known examples of this genre. Below is an example of one of the 1625 poems:

Year: 1625
Graduate: COLLI, Marchio di Salomon (Machir ben Shlomo)[11]
Author: KOHEN (Katz), Shabtai ben Meir

The following, also only found in the BL, is a rare example of a congratulatory medical broadside for which the author provides a cipher for his name.

Year: 1643
Graduate: BINGEN, Salomon di Abram (Shlomo ben Avraham)[12]
Author: Only the first name is provided, and even this is done through a cipher. No last name is provided.
Location: British Library[13]

Below is the cipher for author’s first name, which I invite the reader to decipher.[14]

(While I am aware of the answer for this cipher, there is another author’s cipher whose solution remains unknown:[15]

Any assistance would be greatly appreciated.)

These early examples are important not only for assessing the beginnings and duration of the congratulatory medical broadsides but for evaluating their artistic elements as well. For example, there are stylistic aspects of the two earliest broadsides in the BL that are not found in any subsequent broadsides.[16]

B) Congratulatory Poems in Manuscript

I have identified dozens of congratulatory poems for Padua graduates that are found only in manuscript. Some are written as if templated for publication as a broadside. There is one manuscript congratulatory poem in the BL that solves a mystery which plagued the great Jewish scholar Meir Benayahu. In an article about a group of physician-poets in Early Modern Italy,[17] Benayahu published a transcription of a lengthy poem[18]written in honor of the graduation of Salomon Lustro from Padua in 1697.[19] Below are a few stanzas at the end of the poem as published by Benayahu.

Since the authorship is not explicit, Benayahu, through creative analysis of assumed allusions in the final lines, suggests Isaac Hayyim Cantarini as the likely author.

Unbeknownst to Benayahu, another manuscript copy of the same poem is found in the BL.[20] The same final verses appear below, though with a different layout:

There is also another key difference, an additional line.

The last line provides the name of the author, one Yitzḥak the son of Yedidia Zecharia meUrbino. As described in the introduction to the manuscript, after Urbino died, his son, Yedidia Binyamin, collected his father’s poetic writings into an untitled manuscript volume, now housed in the BL. This volume contains two poems for Lustro.

II. Training of Jewish Medical Students in the Netherlands and the Sloane Dissertation Collection

In the early to mid-seventeenth century, medical schools in the Netherlands began allowing Jewish medical students to matriculate. Scholars have explored this chapter of Jewish medical history.

Isaac Van Esso[21] and Hindle Hes[22] have produced lists of the Jewish physicians who trained and practiced in the Netherlands; Yosef Kaplan has written extensively about many of these physicians;[23] Manfred Komorowski has amassed an invaluable biobibliographical index of Jewish physicians in the 17th-18th centuries,[24] which includes those from the Netherlands; and Kenneth Collins has addressed the transition of the training of Jewish medical students from Padua to the Netherlands.[25]

The most famous of these Dutch medical schools was the University of Leiden. As opposed to Padua, Leiden routinely required the writing and presentation of dissertations as part of its curriculum. These dissertations are an invaluable source for the history of Jewish medical education, and while the aforementioned scholars have included them in their works to varying degrees, there is more to be learned from them.

Here I distinguish between two categories of dissertations, something not typically noted by Jewish medical historians. While some dissertations were written as part of curricular course work, much like today’s term paper, there was a separate requirement for every student to complete a comprehensive dissertation as a prerequisite for graduation. These graduation dissertations are invariably headlined with the specific phrase “Dissertatio (or Disputatio) Medica Inauguralis.” I shall refer to the non-graduation dissertations as curricular dissertations. The curricular dissertations where generally not preserved by the universities and were thought to be of less significance. Historians often are unaware of the distinction between the two.

This example is the graduation dissertation of Josephus Abarbanel, nephew of Menaseh ben Israel and cousin of Samuel ben Israel, who also trained at (but did not graduate from) Leiden.[26] Note the Jewish or Hebrew date for the year, 5415, something unique to the dissertations of Leiden Jewish graduates.

While the University of Leiden holds many of these dissertations, its collection is not complete. According to librarians and historians, with respect to student dissertations, there is a major gap, or “black hole” in the holdings of the Library of the University of Leiden for the years 1610-1654.[27] It is precisely this period that comprises the cradle of Dutch Jewish medical student training.

Fortunately, there is another major repository of Leiden dissertations, found ironically outside of the Netherlands, that partially fills this lacuna. The physician/scientist Sir Hans Sloane (1660-1753) amassed an impressive collection of plants, minerals, anatomical specimens, printed works, and manuscripts, mostly relating to the fields of medicine and natural history. This collection now resides in the BL. Sloane’s printed book collection includes a large number of medical dissertations submitted at Dutch universities (Amsterdam, Utrecht, Harlingen, but primarily Leiden), in particular a magnificent set of Leiden medical dissertations covering the period of 1593-1746. There are 53 volumes all bound in white vellum, with each volume holding some 20 to 75 dissertations,[28] including exceedingly rare curricular dissertations. In 1997, Jaap Harskamp produced a comprehensive catalog of the dissertations in the British Library based on the Sloane collection.[29]

Many of these works found are not found in any of the major libraries or universities in the Netherlands. Among these handsome volumes we find the dissertations of the earliest Jewish students to study at Leiden, allowing us to gain a window into the nature of their training. Abarbanel’s dissertation pictured above is part of this collection.

Here I highlight the value of this collection for the study of Jewish medical history. In particular, two of the curricular dissertations, authored by Jewish medical students, have been previously overlooked. They both represent “firsts” in the field. We also explore the importance of this collection as an untapped resource for a Padua-esque practice in the Netherlands.

A) Benedict De Castro- the First Jewish Student to Matriculate at the University of Leiden and his Newly Discovered Dissertation

The de Castro Family is an illustrious Sephardic Jewish family of Spanish and Portuguese origin that produced many prominent physicians over the centuries.[30] After the onset of the Inquisition, members of the family emigrated to Bordeaux, Hamburg, and to cities in the Netherlands.

Rodrigo de Castro was a Portuguese physician who escaped the inquisition to Hamburg. He authored a landmark work on gynecology, De Universa Mulierum Medicina, and was held in great esteem by both the medical and Jewish communities. His youngest son was Benedict (also known as Benedictus a Castro, Baruch Nahmias or Benito).[31]

Benedict was a physician to nobles and royalty, including Christina, Queen of Sweden, to whom he dedicated a medical work in 1647.[32] Due to his success, he was the victim of attacks by Christian doctors and Lutheran clergy. One particularly virulent diatribe precipitated his publication of a pseudonymous polemical defense entitled Flagellum Calumniantium.[33] In this work, famous among the apologetic works of Jewish physicians, he counters the lies and slanders and enumerates the great achievements of Jewish physicians.

There is no consensus among scholars as to the medical education of de Castro, something we clarify here for the first time. Friedenwald simply assumes, not unreasonably, that he was a graduate of Padua, though he adds a question mark in the text.[34] Koren writes, “graduated in Leyden,”[35] while Komorowski[36] lists him as a graduate of the University of Franeker (Netherlands). Ruderman acknowledges that “it is not clear from what university he graduated.”[37]

There is no record of Benedict de Castro ever attending Padua, though his brother Daniel graduated in 1633.[38] The university records from this period are generally complete[39] and have also been specifically examined for Jewish graduates.[40]

On November 16, 1620, at the age of 23, we have record of Benedict matriculating to the University of Leiden Medical School,[41] making him the first Jewish student to attend this prestigious institution.

 

Our next record of Benedict’s medical training is a dissertation he composed in Leiden in 1621, which is part of the Sloane Collection at the BL.

This document has previously escaped notice of Jewish historians. Does this mean that Benedict graduated from Leiden? This dissertation is headlined as a “Disputatio Medica,” sans the word “inauguralis.” It is thus a rare curricular dissertation, confirming Benedict’s continued education at Leiden, though not his graduation. Its historical significance lies in the fact that it is both a dissertation of the first Jewish medical student to attend the University of Leiden (and possibly any Dutch university), as well as the earliest extant dissertation written by any Jewish medical student.

According to the Archivist at the University of Leiden, students had to re-enroll before the secretary every year. However, there are large gaps in these re-enrollment records for this period.[42] From this specific period, only the records of 1622 survived (the previous re-enrollment record is from 1607, and the next is from 1650). De Castro was indeed registered in February, 1622,[43] but there is no record of his ever graduating from Leiden.

There is however a record of Benedict’s matriculating and graduated from another Dutch institution, the University of Franeker.[44] He matriculated on August 3, 1624:

We have a record of his graduation just one month later, on September 3, 1624.[45] A copy of the original archival record of his graduation is below.

As opposed to today, when a student must attend a certain number of years in a university as a prerequisite to obtaining a degree, universities of this period, and in particular in the Netherlands, often gave exams and imprimatur to those who studied elsewhere, either formally or not, but passed the required examination demonstrating the required knowledge and competence.[46] It is thus not inconceivable that Benedict’s previous study at Leiden essentially prepared him for his graduation exams at Franeker. He would not be the only one to take this path. Some decades later, Isaac Rocamora, on the recommendation of Menaseh ben Israel, matriculated at the University of Franeker on March 29, 1647, and received his degree just two days later, on April 1, 1647.[47] Rocamora had also studied previously in Leiden. While we can conjecture as to the reason de Castro elected to complete his studies at Franeker, the basis for Rocamora’s decision is revealed in a letter by Gerhard Johann Voss to Anthony van der Linden, Rector at the University of Franeker, written at the behest of Menaseh ben Israel.[48] Below is a translation of the relevant section followed by a copy of the original letter:

Yesterday, Rabbi Menaseh ben Israel came to see me, accompanied by Isaac Rocamora, a Portuguese Jew. The latter has been studying medicine for the last two years and has made such progress that he is confident that his standard is such as to qualify him for the highest degree in the subject. Owing to his slender means, he prefers that Academy (i.e., University of Franeker) where the fees of graduation are least. This Rocamora has been warmly recommended to me by your friend, Menaseh…

I suspect de Castro’s motivation for transfer may have also been financially motivated.

De Castro was well respected in the Jewish community and at least one subsequent Leiden graduate, David Pina, dedicated his dissertation to him in 1678:

Pina highlights that de Castro served as physician to Queen Christina of Sweden.

B) David de Haro- The First Jewish Medical Graduate of the University of Leiden and his Newly Discovered Dissertation

While Benedict de Castro may have been the first Jewish medical student to attend Leiden, he did not have the distinction of being its first Jewish medical graduate. That would fall to David de Haro. I have elsewhere explored de Haro’s medical education and his challenges as a Jewish student at Leiden, unearthing some remarkable archival documents.[49] One of these documents is de Haro’s 1631 medical dissertation from Leiden.

As with de Castro, this is not de Haro’s graduation dissertation, or “Dissertatio Medico Inauguralis,” and was written for Professor Franco Burgersdijck’s course at the university. This dissertation is also housed in the BL,[50] though inexplicably not part of the Sloane collection. [51] De Haro graduated in 1633 as the first Jewish medical graduate of the University of Leiden.

In March of 1637, shortly after de Haro’s untimely death, we find that his personal library was put up for auction, and a catalog of the holdings was published.[52] According to one scholar, this may be the first printed sales catalog of a book collection of a Jewish owner.[53] Among the offerings, which include medical and Hebrew religious works, we find a copy of Benedict de Castro’s apologetic work (see #23 in the list below)

De Haro’s library also contained a copy of Benedict’s father’s classic work, De Morbis Mulier.[54]

Below is a list of the Hebrew books of de Haro’s collection that were offered for auction, many of which would be found in a Jewish library today.

One of the offerings is of a somewhat medical nature, Shevilei Emunah (#12). This work, written by Meir ben Isaac Aldabi (1310–1360), the grandson of R. Asher ben Yeĥiel, is a compilation of theories in philosophy, theology, psychology, and medicine. The material was culled from the existing literature of that time,[55] as stated by Aldabi in his introduction, but unfortunately there are no references, for which R. Aldabi apologizes. Many rabbinic authorities throughout the centuries turned to this work as a reference for medical knowledge.

C) Congratulatory Poetry for Jewish Medical Graduates in the Netherlands

The congratulatory poetry for the Jewish medical graduates of Padua was most often published as broadsides. Though underappreciated for their medical historical value, these attractive ephemera of Hebrew poems, as well as broadsides of other kinds, have long been prized by collectors for their general Jewish historical and artistic value. As such, they are primarily found in Jewish libraries. Little-known to even those in the field of Early Modern Jewish poetry, the custom of writing congratulatory poetry for Jewish medical graduates continued in the Netherlands (17th-18th centuries) and Germany (18th-19th centuries). However, instead of being published as free-standing broadsides, the poems were appended to medical dissertations with less visibility and circulation. (Padua students were not required to complete graduation dissertations, necessitating the publication of the poems independently.) Furthermore, medical dissertations are not typically found in Jewish collections. While comprehensive treatment of this second chapter of congratulatory poetry remains a desideratum, the BL’s Sloane Dissertation Collection has some rare examples of these “hidden” poems. One example is below:

Graduate: Jehosua Worms (Leiden-1687)
Author: Shlomo (AKA Zalman) ben Yehuda Levi Pikart

There were later physicians named Worms, a father and son, Asher Anshel Worms and Simon Wolf Worms. Perhaps Joshua was the father of Asher Anshel, though I have as yet found no evidence of such. Asher Anshel wrote Seyag Le Torah, a masoretic commentary on the Torah. The work was published posthumously by his son Simon. It was circulated in manuscript prior to publication and was apparently plagiarized by Joseph Heilbronn,[56] a fact alluded to in the book’s introduction. Asher Anshel also wrote also wrote a commentary on the song from the Hagaddah, Chad Gadya,[57] as well as books on algebra and chess. Simon Wolf graduated Geissen in 1768 with a dissertation on the topic of the impurity of the male reproductive seed (tumat zera). This is one of the more unique dissertation topics of a Jewish student I have come across.[58]

III. A Correction to the BL Catalog

While acknowledging the BL’s immense contributions to Jewish scholarship, including Jewish medical history, I humbly submit one very minor correction which might possibly lead scholars to an erroneous conclusion. Above we briefly discuss David de Haro and identify him as the first Jewish medical graduate of the University of Leiden, in 1633. However, perusal of the Sloan Leiden dissertation collection reveals an entry for a dissertation for Jahacobus de Paz from 1631.[59] This dissertation is not found in the University of Leiden Library.

Below is the catalog entry:

A careful analysis of the actual dissertation[60] below reveals that de Paz was Jewish, as he is identified as “Hebraeus,” and that this is a copy of his graduation dissertation, titled “Disputatio Medica Inauguralis.” Perhaps we were in error, and in fact de Paz is the first Jewish medical graduate of Leiden, completing his studies in 1631?[61]

Examination of both the cover and content of the dissertation provides an answer to this question. The bottom of the dissertation’s front cover, which typically lists the date, seems have been torn off the bottom of this copy. The BL catalog lists the publication date as 1631. This date is most certainly derived from the faint penciled numbers on the front cover to the right of the emblem:

How and when these numbers came to be written, and whether they were even meant to refer to the year of publication, I suspect we will never know. But a closer inspection of the dissertation contents reveals that the date of 1631 is decidedly in error. While not found ubiquitously in all of Leiden’s student dissertations, it was common for the students to include a dedication page. Dedicatees included mentors, family members, religious leaders and medical colleagues. Below is a copy of de Paz’s dedication page.

At the bottom of the list, we find the Jewish physicians Isaac Naar[62]  and Josephus Abrabanel (with the variant spelling, adding to the age-old debate, though Josephus himself spelled it Abarbanel).[63] Both Abrabanel, whose dissertation is pictured above, and Naar, graduated Leiden in 1655. Below is Naar’s dissertation:

Indeed, university records clearly list the graduation date of Jahacobus de Paz as July 4, 1658.[64] Here is a dissertation from the same year of another Jewish student, side by side with de Paz.

(Parenthetically, the students Abarbanel, Naar, Moreno, and likely de Paz used the Jewish version of the calendar year on the cover of their dissertations.) Thus, David de Haro still retains his distinction as the first Jewish medical graduate of the University of Leiden.

Conclusion

We have shared just a few of the British Library’s treasures that relate to Jewish medical history. Our picture of the training of Jewish medical students in Early Modern Europe, from the earliest Italian congratulatory poems to the earliest Jewish medical dissertations in the Netherlands, would be wholly incomplete without the library’s contributions. Yet, this is but one epithelial cell to an entire human body with respect to the library’s broader impact.

While I will of course completely overlook the British Library’s trivial and largely inconsequential misdating of de Paz’s dissertation, it behooves us all not to overlook nor take for granted their outsized contribution to the Jewish community’s and the world’s knowledge and scholarship.

[1] See the British Library’s incident report, “Learning Lessons from the Cyber-Attack: British Library Incident Review” (March 8, 2024), https://www.bl.uk/home/british-library-cyber-incident-review-8-march-2024.pdf.
[2]
Many of the Hebrew manuscripts have been digitized. One can find a description of some of these treasures at https://blogs.bl.uk/asian-and-african/2014/11/digital-hebrew-treasures-from-the-british-library-collections.html, though the manuscripts themselves have not been accessible since the cyber-attack.
[3] 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.
[4] Angelo Piatelli.
[5] The links to this shadow catalog are no longer valid and it appears that the NLI recently incorporated the items into the current online catalog. The BL poems are not cataloged together with, or as part of, all the other Padua congratulatory broadsides, but rather as general poems or posters, and the original sparse information has not been yet significantly updated. They would be difficult to find unless one was looking for them specifically, which I was. These are the only entries in the NLI catalog I could find thus far for British Library congratulatory poems for Jewish medical graduates: system numbers 997009117587405171, 997011007060405171, 997011007064105171, 997009117587905171, 997011007058805171. None of these entries include images.
[6] Hadassah Katharina Wendl.
[7] These poems are all found in three folders in the Oriental and India Office Collections with the shelfmarks, 1978.f.3, 1978.f.4, and 1978.f.5. An annotated list of all these poems, with accompanying images, will appear in a forthcoming volume.
[8] Conegliano established a form of preparatory school to help acclimate the foreign students and to provide a religious environment to serve their needs. On Conegliano, see David Ruderman, Jewish Thought and Scientific Discovery in Early Modern Europe (New Haven, 1995), 111-113.
[9] On Cantarini, see, for example, H. 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 Paad Yitzak 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 République des Lettres: Rabbins, écrivains et medecins juifs en Italie au 18th siècle (Leiden: Brill, 2007), 120-124.
[10] On Ottolenghi, see Asher Salah, op. cit., 493-495.
[11] Abdelkader Modena and Edgardo Morpurgo, Medici E Chirurghi Ebrei Dottorati E Licenziati Nell’Universita di Padova dal 1617 al 1816 (Italian) (Forni Editore, 1967), n. 18. (heretofore, M and M).
[12] M and M, n. 39.
[13] The Oriental and India Office Collections, Shelfmark 1978.f.5.
[14] Feel free to contact me for clues or guesses: ereichma@montefiore.org.
[15] This poem was written for Azriel ben Gershon Canterini, who graduated in 1706. It is housed in the JTS Library Ms. 9027 V6:19.
[16] See Edward Reichman, “Congratulatory Poetry for the Jewish Medical Graduates of the University of Padua (17th -19th centuries),” forthcoming.
[17] Meir Benayahu, “Avraham HaKohen of Zante and the Group of Physician-Poets in Padua” (Hebrew), Ha-Sifrut 26 (1978), 108-140, esp. 127.
[18] Benayahu does not seem to reference the location of the original manuscript.
[19] M and M, n. 133. On Lustro obtaining a Ḥaver degree on the same day as his medical graduation, see Edward Reichman, “The Physician-Ḥaver in Early Modern Italy: A Reunion of Long Forgotten ‘Friends,'” Seforim Blog (https://seforimblog.com), December 4, 2023. See also my forthcoming, “Restoring the Luster to HaRofeh HeHaver Solomon Lustro: The Discovery of his Haver Diploma and Numerous Previously Unknown Congratulatory Poems in his Honor.”
[20] Or 9166, 41v-43r. I thank Ahuvia Goren for bringing this poem to my attention.
[21]See, for example, Isaac Van Esso, “Het Aandeel der Joodsche Artsen in de Natuurwetenschappen in de Nederlanden,” in H. Brugmans and A. Frank, Geschiedenis der Joden in Nederland 1 (Amsterdam: Holkema & Warendorf, 1940), 643-679; idem, “Survey on Jewish Physicians in the Netherlands,” (Hebrew) Koroth 2:5-6 (October, 1959), 201-208.
[22]
Hindle S. Hes, Jewish Physicians in the Netherlands (Assen: Van Gorcum, 1980).
[23]
Yosef Kaplan, “Jewish Students at Leiden University in the Seventeenth Century,” (Hebrew) in Jozeph Michman, ed., Studies on the History of Dutch Jewry Vol. 2 (Jerusalem: Magnes Press, 1979), 65-75; idem, An Alternative Path to Modernity: The Sephardi Diaspora in Western Europe (Leiden: Brill Academic Pub, 2000).
[24]
M. Komorowski, Bio-bibliographisches Verzeichnis jüdischer Doktoren im 17. und 18. Jahrhundert (Munchen: K. G. Saur Verlag, 1991). See also F. A. Stemvers, “Promoties van Amsterdamse Joodse artsen aan Nederlandse Universiteiten Gedurende de 17e en 18e eeuw,” Aere Perennius 34 (October, 1979), 70-77. Stemvers lists the Jewish graduates of the universities of Leiden, Utrecht, Harderwijk and Franeker spanning from 1641-1798, along with the titles of their dissertations.
[25]
Kenneth Collins, “Jewish Medical Students and Graduates at the Universities of Padua and Leiden: 1617-1740,” Rambam Maimonides Medical Journal 4:1 (January, 2013), 1-8.
[26]
On the training of Samuel and his suspected forged diploma from the University of Oxford, see Edward Reichman, “The ‘Doctored’ Medical Diploma of Samuel, the Son of Menaseh ben Israel: Forgery of ‘For Jewry’,” Seforim Blog (https://seforimblog.com), March 23, 2021.
[27] Jaap Harskamp, Disertatio Medica Inauguralis… Leyden Medical Dissertations in the British Library 1593-1746 (Catalogue of a Sloane-inspired Collection) (London: Wellcome Institute for the History of medicine, 1997), preface by R. Breugelmans, Keeper of Western Printed Books, University Library Leiden. Even after this period, the Library of the University of Leiden preserved only the graduation dissertations, as it considered the curricular dissertations of little significance.
[28]
Harskamp, introduction.
[29]
Harskamp, op. cit.
[30] Harry Friedenwald, The Doctors De Castro,” in his The Jews and Medicine 3 v. (Johns Hopkins Press: Baltimore, 1944), 448-459.
[31]
On Benedict de Castro, see Friedenwald, op. cit., and David Ruderman, Jewish Thought and Scientific Discovery in Early Modern Europe (Yale University Press: New Haven, 1995), 299-307.
[32]
Monomachia sive certamen medicum (Hamburg, 1647).
[33]
or an expansive discussion of this work in the context of other apologetic compositions, see Harry Friedenwald, “Apologetic Works of Jewish Physicians,” op. cit., 31-68.
[34]
Friedenwald offers no reference and his ambivalence is reflected in his addition of a question mark, “after his graduation from Padua (?)….”
[35]
Nathan Koren, Jewish Physicians: A Biographical Index (Israel Universities Press: Jerusalem, 1973), 33. See also Hindle S. Hes, Jewish Physicians in the Netherlands 1600-1940 (Van Gorcum: Assen, 1980), 25.
[36]
Op. cit., 33.
[37]
David Ruderman, Jewish Thought and Scientific Discovery in Early Modern Europe (Yale University Press: New Haven, 1995), 299.
[38]
M and M, n. 30.
[39]
Dennj Solera has compiled a comprehensive online database of all Padua students of this period. See https://www.mobilityandhumanities.it/bo2022/banca-dati/.
[40]
For a list of the Jewish medical graduates, see Modena and Morpurgo, op. cit. Friedenwald did not have the benefit of this work.
[41]
For the printed version of the record, as seen here, see Album Studiosorum Lugduno Batavae (Martinus Nijhof: Den Haag, 1875), column 150. The original manuscript is in the Volumina inscriptionum , shelf mark ASF 8. As the digitization department of the Library of the University of Leiden is presently undergoing renovation, I was unable to procure the original. This is the registry where students’ primary enrollment was recorded. In this record it states that de Castro resided in the home of Jacobus Ijsbrandi. I thank Nicolien Karskens, archivist for the University of Leiden Special Collections, for this information.
[42]
See https://collectionguides.universiteitleiden.nl/archival_objects/aspace_c01124_2. These are different records than the initial matriculation records above, which do not have gaps.
[43]
Recensielijst of 1622 , ASF 30, The record notes that he was still residing in the home of Jacobus Ijsbrandi at this time. I thank Nicolien Karskens, archivist for the University of Leiden Special Collections, for this information.
[44]
The University of Franeker is no longer in existence. I thank Martha Kist, archivist at the Tresoar Archive and Library in Leeuwarden, Netherlands for providing copies from the Franeker archives.
[45]
Tresoar, Literature Museum, Archive and Library, Archive nr. 181, University of Franeker, inventory number 104.
[46]
 This practice was particularly common in Dutch universities, and frequently practiced by the Jewish students. See See Wolfgang Treue, “Lebensbedingungen Judischer Arzte in Frankfurt am Main wahrend des Spatmittelalters und der Fruhen Neuzeit,” Medizin, Geschichte und Gesellschaft 17 (1998), 9-55, esp. 48; Kaplan, op. cit, 202.
[47]
Kaplan, 200.
[48]
Bodleian Shelfmark: Rawl. 84 C, fol. 231r (Vossii Epistolae, Col. I, 536) March 28, 1647.
[49]
See Edward Reichman, “A ‘Haro’ing Tale of a Jewish Medical Student: Notes on David de Haro (1611-1636): The First Jewish Medical Graduate of the University of Leiden,” Bibliotheca Rosenthaliana 48:1 (2022), 30-52. The material in this section is largely drawn from this article.
[50]
Shelfmark: General Reference Collection 536.h.29; System number 001598018. The dissertation date is listed as 1632, though the cover page lists 1631 as the publication date. I use the latter. I thank Hadassah Katharina Wendl for her research assistance and in procuring copies of de Haro’s disputation.
[51]
It is not listed in Jaap Harskamp’s list of Leiden dissertation in the BL. The Sloan Collection shelf marks all begin with 1185.g, 1185.h, or 1185.i. The de Haro disputation has an entirely different shelf mark.
[52]
Catalogvs librorvm medicorum, philosophicorum, et Hebraicorum, sapientissimi, atque eruditissimi viri. (Amsterdam: Jan Fredricksz Stam, 1637). A copy of the catalog is held in the Merton College Library in Oxford, Shelfmark 66.G.7(12) (Provenance: ‘Griffin Higgs’). I thank Verity Parkinson of the Merton College Library for her assistance in procuring a copy of the catalog.
[53]
 See Anna E. de Wilde, “Sales Catalogues of Jewish-Owned Private Libraries in the Dutch Republic during the Long Eighteenth Century: A Preliminary Overview,” in Arthur der Weduwen, et. al., eds., Book Trade Catalogues in Early Modern Europe (Brill, 2021), 212-248.
[54]
p. 9 n. 17 in the de Haro catalog.
[55]
See D. Schwartz, “Towards the Study of the Sources of R. Meir Aldabi’s Shevilei Emunah,” (Hebrew) Sinai 114 (1994), 72–77. Schwartz focuses mainly on the philosophical sources, noting that R. Aldabi borrowed from Gershon ben Shlomo’s Sha’ar HaShamayim, as well as from Arabic sources. He does not discuss the origin of R. Aldabi’s medical information.
[56]
Meivin Chiddot (Amsterdam, 1765). Heilbronn attempted to defend himself in a pamphlet, Merivat Kodesh (Amsterdam, 1766), to which, according to C. B. Friedberg, in his classic bibliographical index Beit Eked Sefarim, letter “peh” n. 643, Simon Wolf Worms replied, defending his father, in a pamphlet called Prodogma Chadashah (Amsterdam, 1767). I was unable to find this pamphlet, though I did discover that the last page of Heilbronn’s Meivin Chidot contains a letter written by Heilbronn in his own defense with the identical title, Prodogma Chadashah. I do not know if there is another letter of Simon Wolf Worms of the same title, or if Friedberg erred and misattributed the letter to Worms instead of Heilbronn.
[57] Biur Maspik Chad Gadya (London, 1785).
[58]
See Edward Reichman, “The History of the Jewish Medical Student Dissertation: An Evolving Jewish Tradition,” in J. Karp and M. Schaikewitz, eds., Sacred Training: A Halakhic Guidebook for Medical Students and Residents (Ammud Press: New York, 2018), xvii- xxxvii.
[59]
Shelfmark: General Reference Collection 1185.g.3.(7.); System number: 002801820
[60]
This dissertation is not online. I thank Haddasah Wendl for assistance in procuring a copy.
[61]
De Castro did not graduate from Leiden, and David De Haro graduated in 1633. See Komorowski, 33 and Reichman, “David de Haro,” op. cit.
[62]
Hes, 115-116; Komorowski, 34.
[63]
Hes, 3; Komorowski, 33.
[64]
Hes, 120; Komorowski, 34.




A Comprehensive (or close to it) List of New Seforim

A Comprehensive (or close to it) List of New Seforim

by Eliezer Brodt

In a recent Mishpacha article [November 28, 2007, ‘Seforim Supplement’, p. 48] they quote Shlomo Biegeleisen, of Biegeleisen Books, as saying that “they receive sixty new seforim every single week!” The seforim market has exploded in the past few years and continues to grow daily. While it is impossible to keep up with everything that comes out we hope to keep the readers updated from time to time with some of the interesting things that are printed. This current list includes some of the many titles printed in the past few months.

Rishonim:

Mechon Haktav reprinted the Magan Avos from R. Shlomo Duran, the Tashbatz (663 pp.). This work was first printed in 1785 and than again in a photo-mechanical edition by Mekor in the 1960’s. The plus of this recent edition is mainly the clarity of the print as the earlier edition is almost impossible to read. The editors of this edition did not, however, include notes of any sort on the sefer.

Sefer Al Esek Hatorah, Shtei Dershos Lrabenu Harosh (Kiryat Sefer, 2007); 76 pp. [08-974-0626].
This volume is a small sefer written by the father of the Rosh on Limud Hatorah. It also includes two dershos of the Rosh. Parts of all this had been printed before in A. Freimann’s book on the Rosh. In this edition the editor rechecked the manuscripts and reprinting the whole thing all together. [For another work by this Mechon see this prior post].

One of the dershos of the Rosh included in this work had been printed partially before by Professor Israel M. Ta-Shma in a few places [Kiryat Sefer, then in the journal MiGinzei L’taslume Kisvei Yad Ha’Ivriyim pp. 51- 52, and most recently in his Knesset Mehakarim vol. two pp. 184 -186]. The second dersha included herein had been printed in its entirety by Y. Galinsky in his doctorate on the Tur, Arbeh Turim V’safrus Halacha Shel Sefard b’Meha ha’arbah Aser (pp. 36-37, 74-75). In one of the dershos the Rosh gives strong mussar to the crowd for shying away to do certain Mitzvos such as lighting the Menorah in shul. There is a small historical argument between Professor Ta-Shma and Galinsky regarding the death of the Rashba (ibid.) based on the correct reading of a few words in the manuscript.

Mechon Yerushalim released their Ramban on Chumash Shemos see here for their earlier volume.

Avkas Rochel (Ashdod, 2007); 103 pp. [08-853-1651]
The author of this work was Rabbenu Macir, a talmid of R. Yehudah, the son of the Rosh. This edition is a nice reprint of the original. It deals with topics such as Gan Eden, Gehenim, Olam Habah, Moshicah amongst many others.

Chumash:

Maggid Meisharim (Jerusalem, 2007); 550 pgs, Ed. R. Y. Cohen [02 586-0457].
This edition is very helpful as it provides a parallel translation of the entire sefer from Aramaic into Hebrew. The editor also included paragraph highlights and many helpful notes on the sefer but hardly adequate for what this work actual deserves. [A while back there was a series of three articles by R. Yehuda Leib Kelers, in the Tzefunous journal (1990-91), where he mentions that someone was actually starting such a project but as far as I am aware, nothing has come from it.]

Nachalei Afersomin (Jerusalem, 2007); 360 pp., [04- 864-0135].
This is a reprinted edition of the sefer from R. Rephael Balzam, a talmid of R. Meir Arik (and others). This work is on the Parsha, Mitzvos and Yomim Tovim. It includes an index and a nice short biography on the author. There are all kinds of styles of Torah in this work dealing with Kabbalah, Halacha and Machshaveh.

She’elot u-Teshuvot:

Shu”t Yeshuos Yakov was reprinted after not having been available for many years. This edition includes some nice new additions of Torah printed in various places. Hopefully there will be a full post on this Goan and his works shortly.

Shu”t Mateh Menashe from R. Menashe Statoh [By Hillel Statohn 368 pp. 718-382-0085].
The author was the Av beis Din of Tzafas over 150 years ago and was the father of R. Chaim author of the famous work Eretz Hachaim. This work was in manuscript for all these years. In the second half of this sefer they include a fascinating work of the author called Knessiah Leshem Shamaim, which had been printed before. The topic of this work is about an interesting custom that existed in many communities when someone was sick or childless. The custom was to do a whole elaborate process to appease the shedim (evil spirits), a sort of offering to them (a korbon of sorts). He discusses the entire topic explaining why it one is prohibited form doing such things. He deals with many topics such as the power of shedim in general. This work includes the Teshuvous of many gedolim of the time amongst them R. Chaim Palagai.

Shu”t Sharei Tzion from R. Ben Zion Sternfeld was reprinted after not having been printed for a while. Besides for including R. Ben Zion’s excellent teshuvos it includes many of his deroshos. This Goan is famous for giving the Chofetz Chaim haskamos on his Mishana Berurah, Shimiras Halaoshon and Likitei Halachos. This edition includes the Kuntres Darcha Shel Torah and Kuntras Sharei Tzion on the topic of the importance of a proper education for one’s children. This edition includes a small biography of the author. These two works were written in response to Maskilim whom complained about not learning dikduk etc. One point of great interest from these Kuntreisim is the great importance and emphasis these Gedolim held of teaching Chumash properly to the children. They held that through the proper study of Chumash eventually the children will pick up Hebrew. Today, many school systems would do well to learn from these Gedolim to have proper methods to teach Chumash properly.

Shu”t Mishanat Sachir was reprinted. The author, R. Teichtel, was one of the biggest Rabbonim pre World War II in Hungary. As is very well known, originally R. Teichtel was a rabid anti-Zionist, however, later he completely changed his mind and eventually authored the incredible work called Em Habonim Semaicha. He authored many teshuvos over the years and eventually printing one volume of the teshuvos. After his death, his son printed a massive volume of Shu”t thru Mechon Yerushalim. This work has been out of print for many years. It is fantastic in respects of both depth and Bikeius. The son printed another volume a few years later. This current edition includes the whole volume that was printed by Mechon Yerushalim and parts of the volume that was printed afterwards. The original volume that the author himself printed was not reprinted here. This edition also includes some pages of additions based on notes of R. Teichtel not printed before. Just to give one an interesting tidbit on this sefer:

About six years years ago a journal from Chabad in Budapest called Tel Talpiyot (volume two) printed a few pages (pp. 42-55) of very interesting exchange of letters between R. Teichtel and his son R. Shlomo. This son went from Hungary to learn in Slabodkah Yeshivah. In the letters to his father he writes a few times how everyone in Slabodkah Yeshivah heard of his sefer and they enjoy it. He writes how many people asked him for a copy of the sefer but he only gave it to a few people amongst them the Divrei Yecheskel (see pp. 47, 48, 50).

Shas and Halacha:

Mezareph Le’Chachmah (Jerusalem, 2007); 174 pp.
This particular work of R. Yosef Delmedigo (Yashar) has been the subject of much discussion for many centuries. Already R. Yehudah Aryeh Modena wrote that the views in this sefer are not the authors real opinions rather he was playing “games.” After that, Graetz and others and as recent as Barzilay have attempted to prove that Modena was correct. However, I feel after a careful reading of the sefer that it was by no means a joke and this was the author’s real opinions. Recently, Professor David B. Ruderman has shown that Delmedigo did not intend this work to be a joke or game of some sort. Ruderman does so in his classic work Jewish Thought and Scientific Discovery in Early Modern Europe (pp. 128-152) dealing with all the problems Geretz and others raised. Mezareph Le’Chanchmah is full of interesting topics and information just to list a few: authorship of Zohar (52), Rashi (49) and Rambam’s knowledge of Kabalah (37, 51), against R. Avraham Abulafiah (31), and when Nekudos are from (21-22). He has a whole section showing that there are no contradictions between Halacha and Kabblah. The Shach in Yoreh Deah quotes him in regard to eating meat after cheese (89:16).

This current edition is printed beautifully, however, they edited out all the notes of Delmedigo’s student, R. Shmuel as well as some of the other stuff that were originally printed in this sefer. It is also lacking an index which would be very helpful with such a sefer enabling one to find all the treasures easily.

One original claim that I saw in the introduction of this edition and is recorded by many people and is in turn based on the Chida who states in R. Moshe Zechut’s name that the Delmedigo’s knowledge in kabbalah was not impressive based on specific things he writes in Mezareph Le’Chachmah. The page from Mezareph Le’Chachamah that lends credence to that opinion turns out that it was not from Delmedigo but instead from his talmid.

Kisvei Hagri (Jerusalem, 2007); 396 pp. [02 566-5240].
This a collection of the writings of R. Yaakov, Av Beis Din of Letichev. The author was born in 1730 and was rav there for many years. This was printed from manuscript for the first time by his descendants. The sefer has been waiting to be printed for nine generations. The editors put in lots of effort into this sefer giving you historical background. The sefer includes all kinds of genres, Chumash torah based on on old style pilpul, she’elot u-teshuvot, derush for all occasions (yom tovim etc.), hespedim, R. Yaakov’s tzavah and others. One of the many interesting things of interest in this sefer is a Megilas Yuchsin that R. Yaakov wrote. The editors put in much effort to track down lots of material about it. Also included is a list of his seforim collection (useful for certain fields of interest see for example Zev Gris, Hasefer K’Sochen Tarbus, pp. 65-72). Its unclear if the author was chassidish but he does quote from the Bal Shem Tov a few times.

Minhaghim and similar genre:

Chikrei Minhaghim (Cholon, 2007); 188 pp., [03- 556-3874]
This is a collection that focuses on Minhaghei Berlin gathered from many seforim including notes.

Orchos Hasofer (London, 2007); 173 pp.
This work is a beautiful collection of material about the Chasam Sofer gathered from a wide range of sources organized very nicely.

Bazel Hakodesh (Jerusalem, 2007); 334 pp.
This work is very interesting collection of material from R. B. Rakow collected together by his great-nephew. Topic ranges from chumash and halacha to stories he used to say over about various gedolim. Among the interesting discussions in this work are his opinions on learning and how to pasken, his connection with the Seridei Eish and his connection with R. Elyashiv resulting in getting R. Jonathan Sacks to take back what he wrote in one of his books [although the author does not mention R. Sacks by name] [See Marc B. Shaprio, Of Books and Bans, Edah Journal 3:2]. Another piece worthy of mention is his take on the Yeridos Hadoros question as it relates to learning.

Maseh Ish (Bnei Brak, 2007); 206 pp. Ed. R. Yabrov.
This is volume number seven of the on going series on the Chazon Ish. As with all such works there is lots of good stuff and some nonsense mixed in. This volume also includes a section on shemitah.

Halichos Kodesh (Brooklyn, 2007); 316 pp.[718 336-8971, 718 972-4078]
This is a collection of the hanhagohs of the whole year of R. Yisroel Rotenberg, Av beis Din of Kossin. He was killed by the Nazis. The sefer is from the notes of a close talmid of his. Its an extremely in depth description, providing a day by day going thru the whole year how he acted in each situation its full of interesting things.

History:

Rishimos Teshuvos Rav Sherira Goan (New York, 2007); 119 pp., ed. R. Nosson Dovid Rabinowitz [917- 753-5178].
This sefer includes an excellent history of Rav Sherira Goan from the most updated sources in the academic world. It also includes listings of all the Teshuvos of Rav Sherira Goan including many that were mistakenly attributed to others.

Tohar Haloshon, ed. Rothschild (Jerusalem, 2007); 80 pp.
The theme of this sefer is to show that the historical acceptance of the Hebrew language – Ivrit, was, according to the author, a very tragic story. The author shows through the statements of Ben Yehudah and Y. Klausner how anti-Jewish they were. He also shows which terrible methods they used to make this the language spoken amongst Jews in Eretz Yisroel. The book, however, is not to objective, rather it is presented in a very kannois way but all in all is still an interesting read to see a glimpse into that time period.

Olkieniki Radin Vilna (Jerusalem, 2007); 454 pgs, by R. Kalman Farber [02 571-1727, 03-731- 2149].
This is a diary of R. Farber of these places before World War Two and especially during the War. Among the interesting sections of this book are his accounts of his Rabaeim R. Naftoli Trop (known as Granat) and the Chofetz Chaim.

Yosor Yasroni (Bnei Brak, 2007); 469 pp., by R. Yitzchak Gibralter [03-618-8360]
This is a book about Kovno, R. Gibralter home town. This is a very interesting book which gives one a very nice picture of Kovno before World War Two not a typical Artscroll like history.

Journals:

Heichel Ba’al Shem Tov, issue 21,189 pp.
There are two articles of interest in this latest issue one, an article from R. Chaim Rapoport on the minhag of Chasidim of seeing ones rebbe in general and other areas relating to this topic.

One of the sources on the topic which he brings is from a teshuvah of R Yakov Kahna in his Shu”t Toldos Yakov (available here) (no. 33, pp. 72-74, in particular). What is specifically interesting about this teshuvah is his discussion of the Gra and his stance against Chassidim. He basically writes that the Gra made a mistake – he was fooled by false witnesses! What is interesting about this is this R. Yakov Kahan grandfather was the Gra brother author of the Maleos Hatorah! [I hope to return to this R. Yakov Kahana in a future post soon as his teshuvos are extremely interesting.]

Another point of interest, found in a different article, is a discussion of a grandson R. Chaim Volzhiner, Reb Eliyahu Zvi Soloveitchik, who became close with chassidus. The author references the extremely rare sefer by the Manhattan doctor, Arthur (Dov) Hyman, on this highly interesting personality.

Additions to earlier lists:

In an earlier post on new seforim I mentioned a sefer from R Chaim Vital.

Here is some updated information on it as I have had more time to go thru it a bit. This sefer was printed by R. N. Levi. This sefer is based on the handwritten copy of R. Chaim Vital himself. This volume was part of the famous Musaef collection. The rumors on the street are that this sefer legally ended up in the hands of dealers who cut it up page by page and sold each page for $15,000. After all the pages of the sefer were sold it was printed in this beautiful edition. This actual work was actually six parts a few of the parts were printed many years ago including haskomos of R. Kook [vol. 2, printed in Jerusalem, 1906] and more recently by Mechon Ahavat Sholom. It appears that there is still a part not printed which was to be found in the Ger Rebbi’s pre-World War II collection, which is currently still missing. As to the specific style of this sefer it is not heavy Kabbalah as there is much niglah in here. There are pieces of torah on everything – from chumash, aggdah gemaras and Mesectos Avos. Also included are many dershos which he said at chausunas, brisim and for hespedim. The dating of the sefer has been debated between R. Yakov Hillel and R. Manzur as to if this was before or after he learnt by the Arizal. Basically it seems that the bulk of the work was written before his learning with the Arizal and additions were added in by him throughout his lifetime.

The editor of this edition besides for presenting the work with nice layout and some sources include a basic history of R. Chaim Vital and his works. They consulted R. Y. Avivi who is a renowned Talmid Chacham and expert on Kabblah. Just to point out some minor comments on it. For some strange reason they quote a lot of material from M. Benayhu, but they can not properly write his name and instead refer to him as “the author of the Toldos HaAri” (for example see pp. 18, 19, 24, 31 and many more. They also can not properly write that he wrote the Sefer Yosef Bechrei which they also quote (pg 8, 14) or his Dor Eched baAretz (p. 72). Nor could they quote Avraham Yaari by name (pp. 45, 54) or Professor D. Tamar (pp. 48, 60) or Professor Tishbi (p. 67). What the problem in quoting these scholars name is beyond me. One more point in the end they deal with the sefer Kabalah Maseios of R. Chaim Vital making no mention that parts have been printed already. I have elaborated earlier on this particular sefer in this post (link). As an aside in the latest issue of Mekabtzeul from Ahavat Sholom they printed some more pieces from this work.




A Footnote on What the Chasam Sofer Did Not Say

A Footnote on What the Chasam Sofer Did Not Say

By Shnayer Leiman

The Problem. I’m the proud owner of a copy of Rabbi Shimon Finkelman’s Rav Pam: The Life and Ideals of Rabbi Avrohom Yaakov HaKohen Pam (second edition, seventh impression, June 2023, ArtScroll History Series, Mesorah Publications, Rahway, N.J.). It is a magnificently written and produced biography of Rav Pam, a close friend of my father, who like Rav Pam was a disciple of both Rav Shraga Feivel Mendlowitz and Rav Dovid Leibowitz. The biography captures Rav Pam as our family knew him. Indeed, it is the definitive model of how a biography of a גדול בישראל should be written. It informs and inspires as it tells the truth.

As we shall see, a minor error made its way into the volume, and no one can really be faulted for the error. Nonetheless, I am confident that Rav Pam being the איש אמת that he was, will surely not fault me (in עולם האמת) for making the correction.

The reader, at p. 336, is informed that at the 1991 Torah Vodaath dinner at which Rav Pam was the Guest of Honor, he thanked the one thousand guests for coming, and then said:

Often, I think to myself that I go around with a “false pass,” for people think I am that which I am not. But I take comfort in a comment of the Chasam Sofer. Rema is of the opinion that if a stranger enters a shul and claims to be a Kohen, we may rely on his word and call him to the Torah for the Kohen’s aliyah, for even if he is, in fact, not a Kohen, calling him to the Torah would not involve a biblical transgression. Asks the Chasam Sofer: Why would calling up a non-Kohen not be a transgression of “Vekidashto” (And you shall sanctify him),[1] the requirement that we accord honor to those who truly are Kohanim? He answers that this mitzvah is fulfilled when we show honor for the Kehunah (the exalted status of the family of Kohanim). Therefore, even if the person whom we honor is, in fact, not a Kohen, we are fulfilling the mitzvah of “Vekidashto” if we honor someone whom we think is a Kohen.

Therefore, even though, in fact, I am not deserving of honor, if people honor me thinking that I deserve it, then they are considered as having shown k’vod HaTorah (honor for the Torah).

This is truly an inspiring דבר תורה – worthy of the Chasam Sofer and appropriately selected by Rav Pam, a Kohen, for the occasion. Alas, it was not said by the Chasam Sofer.

A Brief Survey of the Chasam Sofer’s Attitude Toward the Publication of His Writings.

Much has been written about the Chasam Sofer (1762-1839), and much more remains to be written. He was a remarkable גדול הדור and פוסק הדור. He lived in a world without radio, TV, telegraph, telephone, or digital communication, yet was recognized during his lifetime as גדול הדור and פוסק הדור. What makes this even more remarkable is the simple fact that he refused to publish any of his Torah insights or halakhic rulings during his lifetime. Of course, the fact that he served as Chief Rabbi of Pressburg (today: Bratislava) and simultaneously as Rosh ha-Yeshiva of the Pressburg Yeshiva – with thousands of disciples during his long reign (1806-1839) – spread his fame throughout the Jewish world. And while he refused to publish his Torah insights, he had a gifted pen and wrote thousands of Jewish legal responsa which he sent to all who asked. All of Torah Jewry knew who the Chasam Sofer was and what he could do.

It is worth examining what the Chasam Sofer had to say about publishing one’s Torah insights. In 1841, his son R. Shimon Sofer, who would later serve as Chief Rabbi of Krakow, published for the first time a personal letter of the Chasam Sofer dated 1829, where he addressed the issue.[2] It reads in part:

Regarding the rumor that you heard that I published a particular volume, and you requested that I send you a copy,[3] I never considered such a matter; it has not even entered my mind, at least until the present time. For the majority of the [Torah] world, that are greater and better than I am – or, at the very least, at the same level that I am – they have no need for me. For the minority of a minority that are less learned than I am, why should I weary myself for a minority? And if, perhaps, it were true that the majority of the [Torah] world needs me – heaven forbid – I am unaware that I would have the obligation to publish my Torah insights and distribute them to the public. So long as G-d grants me life and strength, I am prepared to study [Torah] with all who are interested in learning with me. I will neither pause nor rest – as the L-rd my G-d has commanded me “Just as I teach without charge, so you shall teach without charge”[4] – in responding, as far as my hand and mind reach, to all who ask, at no charge. It is my practice to record in writing whatever Torah insights G-d has graced me with, whether in Halakhah or Aggadah. These writings are freely available. Whoever wishes to copy them is welcome to do so. Such was the practice before the invention of the printing press. More I am not obligated to do. If, heaven forbid, one publishes in order to increase his fame, I worry about the curse of our Sages, of blessed memory: “He who seeks fame will lose his name.”[5] Indeed, such has been the fate of most authors of seforim. How much more so is it prohibited for an author to publish his sefer for financial gain! For these reasons, it never entered my mind to publish a sefer.

Only once did several of the Chasam Sofer’s Responsa and Torah insights appear in print during his lifetime. A disciple of the Chasam Sofer who had access to manuscript copies of his writings, published an edition of חידושים על מסכת שבועות מאת רבינו יוסף הלוי אבן מיגש (Prague, 1826), and appended some 14 large folios of Chasam Sofer’s Responsa and Torah insights to the volumeThe Chasam Sofer was livid when he learned about this unauthorized publication of his writings, but ultimately granted his approval. Towards the end of his life, and at the constant urging of members of his family, he agreed to publish some materials, including a review of R. Zvi Hirsch Chajes’ תורת נביאים . The project fell through, perhaps due to the illness and subsequent death of the Chasam Sofer, but not before he addressed an important note to Rav Zvi Hirsch Chajes, which sheds light on his view of the publication of Torah insights in general, and on his sensitivity to the effect his writings could have on others. The letter was written in 1837, when the Chasam Sofer was 75 years old, and at the height of his fame. Rav Chajes, was 32 years old, still at the start of a brilliant career.[6]

I keep the L-rd before me always. Pressburg, the evening preceding Monday, 27 Marchechvan, 598 according to the short account.

Greetings and blessings for all that is good to my friend and dear Rabbi, the great Rabbi and Gaon, master of Torah, discerning in study and expert in mastery of texts, whose many words are beautifully expressed, the honorable teacher and rabbi Zvi Hirsch, may his light glow, Chief Rabbi and Head of the Yeshiva of Zolkiev, may G-d watch over it.

Dear Friend,

I have a request to make of you. It has never entered my mind to publish a sefer. However, several years ago, some pages of my Responsa and Torah insights were published by a certain rabbi, R. Mordechai Schlank, who set out to publish Ramban’s commentary on Kiddushin and R. Yosef Ibn Migash’s commentary on Shavuot. He had copies of some of my writings with him and published them in the back of the books mentioned. This was done initially against my will, but ultimately with my permission, for he was not with me here [in Pressburg], but was rather in Prague.

Now the following has occurred. A worthy individual from Brody, R. Mordechai Bisliches,[7] a printer who publishes the works of the Rishonim, has managed to get copies of 3 or 4 of my Responsa and copies of some of my Torah insights. He plans to append them to one of the above publications of the Rishonim. Initially, this was done against my will and protest, but my family forced me to acquiesce and remain silent. (For all my Torah insights and writings are freely available for anyone to copy them. I do not discourage anyone from doing so, for nothing I wrote was intended as a secret.) The above mentioned printer is already engaged in the process of publishing my material. These include two responsa that I addressed to you, one on whether a physician who is also a Kohen can administer to a dying or already dead patient,[8] and the other regarding my comments on your sefer, Torat Nevi’im.[9] Now I said: I can do as I please regarding my property; but I cannot do as I please regarding someone else’s property.” Perhaps you don’t want your name, and the name of your community, mentioned regarding that matter. Or, perhaps you will find some passage that, heaven forbid, is a slight to your honor. For those reasons, I implore you to review my comments and let me know what you think. In my humble opinion, there is nothing in my responsa that in any way slights you, heaven forbid. Quite the opposite, they are sources for you of glory and praise. And if, when engaged in halakhic discourse, I criticized something you said, it means nothing. Such are the ways of Torah discourse. Perhaps you will publish yet another sefer and you will be able to defend yourself against any and all criticism. But heaven forbid that I should allow my pen to record anything that would dishonor you! Should you feel that anything I wrote [about you] is improper, I will erase those words, or if necessary, I will neither mention your name or the title of the book. I hope this won’t be the case, and anxiously await your quick reply, before the volume goes to press. I sign with all the usual blessings, the one who loves your soul,

Moshe ha-Katan Sofer of Frankfurt-am-Main

We have included this brief survey of the Chasam Sofer’s attitude toward the publication of his writings, in order to bring home the message that, with one or two exceptions, the Chasam Sofer did not edit, or prepare for publication, any of his writings during his lifetime. He left a vast literature, literally thousands of manuscripts, ranging over a wide variety of topics (such as Responsa, Lectures on the Talmud, Sermons, Commentaries on the Torah, Notes on the Shulchan Arukh, Poetry, personal letters, and more), all still being published – and always in better editions – to this very day.

The Solution. What remains to be addressed is:

1. Why did Rav Pam ascribe the passage (that justifies why a stranger who claims that he is Kohen is allowed to get an aliyah to the Torah as a Kohen, even though we have no evidence other than his say-so) to the Chasam Sofer?

2. How do I know that it wasn’t said by the Chasam Sofer?

3. Who did contribute the insightful justification that ultimately was misattributed to the Chasam Sofer?

Rabbi Finkelman provides a helpful footnote, in an attempt to identify the source of the alleged Chasam Sofer comment.[10] He sends the reader to Toras Moshe on Vayikra 21:8. Alas, in all of the recent editions of Toras Moshe published under the auspices of Makhon Chasam Sofer, the official collection of all of the genuine Chasam Sofer commentaries on the Torah published in the various editions of Toras Moshe (as distinct from his sermons [דרשות] or other collections of Torah commentary that never appeared under the name Toras Moshe ), no such passage appears. See, e.g., the massive six-volume edition of Toras Moshe ha-Shalem veha-Mefoar (Jerusalem, 2021), vol. 3, p. 255, to Vayikra 21:8. There is a comment on Vekiddashto, but not a word about the fact that a stranger who claims that he is a Kohen is allowed to get an aliyah to the Torah as a Kohen, even though we have no evidence other than his say-so.

Almost certainly, neither Rav Pam in 1991, nor Rabbi Finkelman in later years, had access to a Makhon Chasam Sofer edition of Toras Moshe. But they certainly had access to earlier editions of Toras Moshe, which is what led them astray. It’s best to begin our examination with one of the earliest editions of Toras Moshe – and little more needs to be said.

Like almost all the writings of the Chasam Sofer, his Toras Moshe was published posthumously. It first appeared in print in a three-volume set published in Pressburg between 1879 and 1893. The editor of the three-volume set was an אדם גדול, a grandson of the Chasam Sofer, Rav Shimon Sofer (1850-1944). He was the son of Rav Avraham Shmuel Binyamin Sofer (1815-1871), the כתב סופר, who succeeded the Chasam Sofer as Chief Rabbi and Rosh ha-Yeshiva of Pressburg. Rav Shimon Sofer, a distinguished rabbinic scholar in his own right, served as Chief Rabbi of Erlau and was the founder of the Erlauer Chasidic dynasty. In 1893, he published for the first time the third and final volume of Toras Moshe, the volume with the Chasam Sofer’s comments on Vayikra-Devorim. Later editions were usually printed in 2 to 5 volume sets.

Here is what Rav Pam saw and quoted (almost certainly from one of the many later photo-mechanical reprints of the 1893 volume that appeared throughout the 20th century).

He may have owned a copy of a reprinted edition, and if not, he surely would have had access to a copy at the famed Torah Vodaath Library, curated for many years by the late R. Yitzchok Meir Traube and catalogued by the late R. Shlomo Biegeleisen. It is a library I remember well that (in my day) was just-off to the side of the main Bais Medrash at the South Third Street campus in Williamsburg.

 

No one could really fault Rav Pam for citing a passage – and with great precision – in the name of the Chasam Sofer, when that very passage appears in a sefer entitled Toras Moshe, and whose title page clearly identifies the author of its content as being none other than the Chasam Sofer! Moreover, the sefer was edited by the grandson of the Chasam Sofer, who surely wouldn’t misrepresent what his grandfather wrote!

But it is clearly a case of אליה וקוץ בה. If one examines carefully the text that Rav Pam cited (as seen in the scan above), one notices a coded abbreviation at the end of the paragraph that reads in parentheses: (משמ). (Other passages on the page are coded with an asterisk at the start of each paragraph; they need not concern us.) No dictionary of Hebrew abbreviations will solve the strange abbreviation משמ. But what will solve the problem for us is the editor’s full introduction to his edition of Toras Moshe.

It appears only, as one might expect, at the start of the volume on Bereshis. Here is the key passage, which appears at the very end of the lengthy introduction.

Translated it reads: “I also had in my hands a handwritten book, named Shir Ma’on. The author’s name is not recorded in it. But I felt comfortable taking some of its fruits and inserting them into the present text, for there is a proper time for everything, a fixed time for every desirable matter.”

Incredibly, there are many passages, marked with the code משמ strewn throughout the Toras Moshe volume! What the editor was really telling us is that he had access to a handwritten notebook with no personal name recorded in it. Of course no personal name was recorded in it; it was his private notebook! The Hebrew title Shir Ma’on clearly alludes to the name “R. Shimon.” And משמ is surely an abbreviation for מספר שיר מעון. As a gifted rabbinic scholar, and as the grandson of the author of most of the passages in Toras Moshe, he felt comfortable adding appropriate passages to the volume. But being scrupulously honest, he knew that he could not do so without informing readers of what he was doing, and clearly identifying which passages belonged to his grandfather, and which passages belonged to him.

It is all to the credit of the editors of the latest editions of Toras Moshe that they now publish two separate sections of the book, each with its own title page, and both with notes and commentary. One section is called Toras Moshe and prints only what the Chasam Sofer wrote, and the other section is called Shir Ma’on and prints only what R. Shimon Sofer wrote.


In sum, Rav Pam resonated to a beautiful 
דבר תורה he saw in an early edition (or reprint) of Toras Moshe, and cited it in the name of the Chasam Sofer at a Torah Vodaath dinner held in his honor. Opening to a page in Sefer Vayikra of the multi-volume set of Toras Moshe, there was no obvious reason for him to assume that it was not a Torah insight of the Chasam Sofer. In fact, it was a Torah insight of the Chasam Sofer’s grandson, R. Shimon Sofer, who served with great distinction as Rabbi and Rosh ha-Yeshiva of Erlau in Hungary for over 50 years, and authored the multi-volume שות התעוררות תשובה (printed mostly in Budapest, 1923-1944), and died a martyr’s death in Auschwitz at age 94.


Notes

[1] The reference is to Vayikra 21:8. See b. Gittin 59b, where the verse is understood as a general obligation to honor all Kohanim.
[2] R. Shimon Sofer, “
פתוחי חותם,” introduction to R. Moses Sofer, ספר חתם סופר חלק יורה דעה (Pressburg, 1841). It is reissued in שות חתם סופרחלק יוד, vol. 1 (Jerusalem, 2000), introductory pages, p. 15.
[3] The reference is to the unauthorized publication in 1826 of several of the Chasam Sofer’s responsa and Torah insights, for which see below.
[4] See b. Bechorot 29a.
[5] M. Avot 1:13. Cf. 
שות חתם סופראוחסימן רח.
[6] The letter is included R. Yisrael Stern’s anthology, 
לקוטי תשובות חתם סופר (London, 1965), pp. 92-93.It was first published in 1842 by the recipient of the letter himself, R. Zvi Hirsch Chajes. See presently: כל ספרי מהרץ חיות (Jerusalem, 1958), vol. 1, p. 206. For a comprehensive study of the relationship between the Chasam Sofer and R. Zvi Hirsch Chajes, see Mayer Herskovics, מהרץ חיותתולדות רבי צבי הירש חיות ומשנתו – מהדורה מתוקנת  (Jerusalem, 2007), pp. 143-189.
[7] Mordechai Leib Bisliches (1756-1851) was a bibliophile, dealer in manuscripts, and printer. He printed books that were published in Carlsruhe, Lvov, Prague, and Pressburg. At least two of his printed books carried 
הסכמות from the Chasam Sofer (אוצר נחמדחדושי הרמבן על מסכת שבת , Pressburg, 1837; and מנחת קנאות מהרב הגדול אבא מרי בר משה מחכמי לוניל , Pressburg,1837). In 1846, Bisliches and his partner S.G. Stern sold 111 manuscripts in 102 volumes to the archduchess Marie Louise of Parma, which were added to the de Rossi Collection in the Biblioteca Palatina. See the entry “Bisliches” in Encyclopaedia Judaica and cf. N.M. Gelber’s תולדות יהודי ברודי (Jerusalem, 1955), p. 204.
[8]
 In the standard printed editions, this responsum appears in שות חתם סופריודסימן שלח.
[9]In the standard printed editions, this responsum appears in
שות חתם סופראוחסימן רח .
[10] 
Rav Pam: The Life and Ideals of Rabbi Avrohom Yaakov HaKohen Pam, p.336, note 9.




The censorship of Rav Kook and other Hebrew books on Hebrew book databases

Today, censorship of Hebrew books takes place on many levels. Although previously the censorship of Hebrew books was driven in large part due to external concerns, today, most of the censorship takes place internally, by Jews for Jews. This censorship is generally driven by the false notion that Orthodox Judaism is and was monolithic. Of course, students of history know that this is entirely false; within the confines of Orthodoxy, there was diversity of opinion and practice (perhaps due to modern day censorship, this diversity has been slowly eroding within the Orthodox community).
It’s worth noting that one of the more insidious examples of censorship is that of the modern Hebrew book databases. Today, there are three distinct databases, although they each borrow from one another.[1] The three are Otzar HaHochma, Otzrot ha-Torah and Hebrewbooks.org. The first two are more explicit about their censorship of some texts. They provide options when purchasing their databases, a scrubbed version and a more complete version. Some refer to the scrubbed version as the “Benei Yeshiva” version. It is unclear why those in Yeshiva, presumably dedicating their time to the study of Jewish literature, became short hand for a database that refuses to allow large portions of Jewish literature to be seen. In all events, these at least clue the buyer or user in on the fact that the databases may be incomplete.

Hebrewbooks, however, is in a different category. Hebrewbooks, which is funded by donations, states that its “goal is to bring to life the many Seforim that were written and unfortunately forgotten, and to make all Torah Publications free and ubiquitous.” (Emphasis added). In truth, not all Torah publications are included in the Hebrewbooks database. This is not a product of happenstance that these authors are left out. To the contrary, in many instances, these works were scanned, uploaded and included in the Hebrewbooks database, only to have them disappear when presumably someone decided that these books should be removed. To be clear – Hebrewbooks will take the time, money and effort to make a Torah publication available online, only to remove it – without ever offering a reason or noting that it has been removed.[2] While Hebrewbooks is a modern day example using modern technology to advance a particular ideology, such ideological censorship, especially regarding R. Kook, has and still takes place.[3]

Regarding censorship, one person who has suffered terribly is R. Kook.[4] And, while one can debate the legacy of his philosophy,[5] it is hard to do so when all vestiges of him are removed. Ironically, some of the censorship of R. Kook is partially cured by Hebrewbooks’ inclusion of many of the originals that include comments or portions from R. Kook that no longer appear in the current editions. [Of course, one hopes that the censor at Hebrewbooks doesn’t read this and “remedy” this.] While R. Kook has been censored in various ways, from not mentioning his name, even when it’s merely a reference to a publishing house bearing his name and is not actually a reference to R. Kook (see here), the most common form of censoring R. Kook is to remove his approbation from works, and there are many, for he was a renowned ga’on in his time. One such work is the excellent and erudite commentary on Torah, Pardes Yosef by R. Yosef Pazanavski. Although Pardes Yosef is described as a Torah commentary, in reality is a veritable encyclopedia of highly interesting Rabbinic miscellany. For comparison, Pardes Yosef is what a Torah commentary would look like if R. Ovadiah Yosef wrote one. It is full of interesting tangents that are treated in an incredibly comprehensive manner. Indeed, many speakers and modern day commentaries appear to be heavily based upon Pardes Yosef even if it’s not always cited.
The first volume, on Bereshit, was first published in Lodz in 1930.[6] This work contains the approbations of many well-known Rabbis, including R. Menachem Mendal of Gur (Gur [Gerrer] Rebbi – Penei Menachem), R. Yosef Hayyim Sonnenfeld, R. Meir Shapira, R. Yisrael Meir ha-Kohen (Hafetz Hayyim). In this instance, unlike the case for many approbations, many of those praising the work actually read it, indeed many include glosses and notes on the text. R. Pazanavski was especially proud of the Gur Rebbi’s approbation as R. Pazanavski was a Gur hassid.[7] Now, not everyone seems to have gotten their approbation back to R. Pazanavski in time to include it at the beginning of volume, instead, R. Pazanavski includes some late-received approbations at the end of the book, one of which is R. Kook’s. R. Pazanavski prefaces R. Kook’s approbation with the following:
From the true Gaon, who is known throughout the world for his wisdom and Torah in both the revealed and hidden Torah, and his many precious works, the glory of our generation, the polymath our leader and Rabbi Avraham Yitzhak ha-Kohen Kook shlit”a. The head of the Rabbanut in Israel and the head of the Bet Din of Jerusalem.
As mentioned above, many of the approbations contain comments on Pardes Yosef, and R. Kook’s is one of these. R. Kook, in attempting to answer a question raised in the work, records an interesting story regarding R. Yehoshua Leib Diskin. R. Kook explains that R. Diskin remained lucid, with all his mental faculties, right up until his death. As proof, R. Kook tells the story of a woman who brought a cloth which had a stain to determine a niddah issue. R. Diskin ruled strictly. The woman was unhappy with the ruling and assumed R. Diskin only ruled that way because he couldn’t really see or understand the issue. So, without telling R. Diskin brought it back to him, but didn’t tell him it was the same as before. R. Diskin looked at it and immediately identified it as the very same cloth and issue as before. Those around him were astounded, how could he possibly know that this nondescript cloth was the same? To which R. Diskin responded that it has such-and-such number of threads. The students then took the cloth apart and sure enough it had exactly the thread-count R. Diskin said.[8]
The Pardes Yosef was and is a fairly popular work and as such has been reprinted multiple times. Indeed, since its publication in 1931, it was published an additional three times in photo-mechanical reproductions. In some of these reproductions, however, R. Kook’s approbation is missing. Instead, there is a blank page where his approbation previously appeared.
Uncensored:
Censored:
The Pardes Yosef while popular was a difficult work. In part this is due to the overuse of obscure abbreviations.[9] In 1995, a new edition of Pardes Yosef was published, and this edition attempted to make the book more user-friendly by removing the abbreviations, resetting the type and other improvements. This edition was published in Benei Berak, and notably includes R. Kook’s approbation in reset type. But, for this edition, only part of the first volume was published and then no more.
In 1998, a new edition, boasting many of the improvements contained in the 1995 edition began being published again in Benei Berak. Although titled Pardes Yosef ha-Shalem (emphasis added), this edition is incomplete at least regarding R. Kook’s approbation. That approbation is again missing.
Today, Hebrewbooks includes the first edition – the edition that includes R. Kook’s approbation (link). While presumably unintended, Hebrewbooks has followed R. Pazanavski’s wish that his work bear the approbation of R. Kook.
[1] In reality there are many more databases which either include Hebrew books or are devoted to Hebrew books. Generally, these are found on various library’s websites and are limited to the works that the particular library owns and are not intended to be comprehensive. The three databases discussed above intend to include all Hebrew books.
[2] A partial list of Hebrew books which appeared, but were removed from Hebrewbooks.org is:
  • Arnold Ehrlich – Mikra Kifshuta (Berlin 1899)
  • R. Gedaliah Nadel – Betorato shel R. Gedaliah (see Rabbi Natan Slifkin on that here)
  • Moses Mendelssohn – Phaedon (Hebrew)
  • Moses Mendelssohn – Netivot ShalomBamidbar (Vienna 1846) (40004)
  • Moses Mendelssohn – Netivot Shalom Devarim (Vienna 1846) (40005)
  • R. Yom Tov Schwartz – Maaneh Leigrot (which is available elsewhere online here)
  • Joseph Perl – Megaleh Temirin 1819 (43110)
  • A Karaite siddur from 1737 (43124)
  • Naftali Herz Wessely – Olelot Naftali Bereshit 1842 (34363)
  • Naftali Herz Wessely Wessely – Shirei Tiferet 1809 (43205)

The numbers are provided in some cases, where available, showing where they used to be on Hebrewbooks.org. Needless to say, many books remain which would be removed, if the criteria applied to these were able to apply to the many needles in a nearly 50,000 piece-strong haystack.

Here is a graphic depicting how one of these books was on Hebrewbooks.org. It is no longer.
Note that this very book bears approbations from Chacham Isaac Bernays and R. Jacob Ettlinger. For more on Wessely in seforim, see Eliezer Brodt’s post here.

The Otzar Ha-hochma removes books as well, even from it’s standard “non-Benei Torah” version. For example, the periodical Yerushalayim (Zolkiew 1844) was there. Now it is gone.
[3]For other examples of using modern technology and modern methods to promote a traditional (albeit anachronistic) point-of-view, see Yoel Finkelman, Strictly Kosher Reading: Popular Literature and the Condition of Contemporary Orthodoxy, Academic Studies Press: 2011.
[4] For examples of censorship regarding R. Kook see Dr. Meir Raflad “’al Peletat Soforim” Sinai 122 (1998) 229–232; Dr. Meir Raflad “Oy l’Tzadik v’Oy l’Shcheno” Hatzofeh, Sept. 2, 2005.
[5] See, e.g., Gershom Gorenberg, The Unmaking of Israel, HarperCollins Pub., 2011, arguing that the modern-day Israeli settlements and their attendant issues springs from R. Kook’s philosophy.
[6] The title page records the date of publication as the Hebrew year of 5690, (printed in the year “Kechu Sefer Pardes Yosef ha-Zeh”) in reality it wasn’t completed until 5691, as R. Pazanavski signs the final page 13 Tishrei 5691. Ultimately, only three volumes would be published, Berashit, Shemot and Va’yikrah. While R. Pazanavski wrote on all five volumes of the Torah, the remaining manuscript was lost during the Holocaust. The Mandelbaum edition, discussed below, “completes” the remaining volumes in the same style as the first three. Thus, today, Pardes Yosef is available on the entire Torah.
[7] In light of R. Pazanavski’s affilation with Gur and specifically, the then current rebbi, Penei Menachem, it’s unsurprising that R. Pazanavski viewed R. Kook positively. It is well-known that the Penei Menachem had a favorable view of R. Kook. See R. Eliezer Sirkes, Ish ha-Emunah, Yitzhak Alfasi ed., Tel Aviv: 1979, pp. 111, 124, 128, 131. One of the putative goals of the Penei Menachem when he went to Israel was to attempt to reconcile R. Kook and R. Sonnenfeld. Thus, it is especially ironic that, as discussed below, the Mandelbaum edition removes R. Kook’s approbation as Mandelbaum is a Gur hassid.
[8] This story appears to have been related at one of the eulogies after R. Diskin’s death. See Yeshah Orenstein, Ma’amar Shelamut ha-Mitzeyot, in Hiddushei R. Yeshayah Orenstein, Jerusalem: 1972, p. 185. A similar story is told about R. Eliyahu Mizrachi (1450-1526). See R. Abraham Kalphon, Ma’aseh Tzaddim, Assaf Revivi ed., Ashkelon: 2009, p. 160. According to this story the king (presumably it would be the Sultan and not a king as after 1453, Constantinople was ruled by the Ottomans and its leader was a sultan) wanted to show the greatness of R. Mizrachi. To do so, he took a special chair and placed R. Mizrachi upon it and asked him to calculate the distance between him and the sky. R. Mizrachi asked for a pen and paper and, after some calculations, wrote down a number which the king took as proof. Of course, this wasn’t convincing to those around. But what the king then did was some time later the king took out the chair again but this time he ordered a small coin be placed under the chair’s legs, unbeknownst to anyone else. He then had R. Mizrachi come back and the king feigned that he couldn’t recall R. Mizrachi’s prior calculation and asked him to repeat it. This time R. Mizrachi wrote down the same number but said that is now seems that it needs to be reduced by the width of a coin. Like the story with R. Diskin, this demonstrated R. Mizrachi’s amazing estimation ability. Unfortunately, to our knowledge, there are no recorded stories of any famous rabbi winning guess the number of jelly beans in a jar contest.
[9] On the use of obscure abbreviations see Ya’akov Shmuel Speigel, “Ha-Shimush be-Kitzurim ve-Roshei Tevot Shanom Shichim,” Yeshurun 10: 2002, pp. 814-30.