Review: Contemporary Uses and Forms of Hasidut, edited by Shlomo Zuckier

Contemporary Uses and Forms of Hasidut. Edited by Shlomo Zuckier. Yeshiva University Press, 2022. 516 pages. ISBN 978-1-60280-398-5.

REVIEWED BY BEZALEL NAOR

When the ‘Ilui of Denenburg was in Lublin, he visited the Rabbi of the city, the Gaon Rabbi Shneur Zalman [Fradkin]. Upon parting, he asked him if there is to be found in Lublin another gaon. Rabbi Shneur Zalman replied: “There resides here Rabbi Zadok HaKohen, a great gaon.” The ‘Ilui of Denenburg went to the “Kohen,” who received him with great honor.

(Shmuel Ungar, Sefer Toledot Hakohen mi-Lublin, ed. Zevi Moskowitch [Jerusalem, 1966], chap. 9, p. 36)

When the famous Gaon, Rabbi Yosef Rosen, may he live, the Rabbi of Denenburg, visited him and wished to engage him in pilpul (Talmudic dialectic), [Rabbi Zadok Hakohen] said to him: “When the Men of the Great Assembly instituted the blessing, ‘You bestow knowledge upon men,’ their intention was not that one should demonstrate ones prowess in pilpul. But since ‘from the LORD a man’s steps are set’ [Psalms 37:23], perhaps it is for this reason that His Honor has come to me. Though His Honor is an ‘ilui, he should know that I was an ‘ilui. While I was yet young, I won over all the gedolim (greats) who engaged me in pilpul. Yet, I saw afterward, that it is impossible to merit to the ‘crown of Torah’ unless we latch onto the door of the disciples of the Ba‘al Shem Tov, may his merit protect us.”

(Shlomo Gavriel Margaliyot, “Toledot Rabbeinu ha-Kohen ha-Mehaber,” Introduction to Rabbi Zadok ha-Kohen, Sihat Mal’akhei ha-Sharet [Lublin, 1927], 2a)

For the better part of the twentieth century, Yeshiva University—under its rashei yeshivah, Rabbi Moshe Soloveichik, his elder son Rabbi Yosef Dov Soloveitchik (referred to simply as “the Rav”), and younger son Rabbi Ahron Soloveichik—was the vanguard of the much vaunted “Brisker derekh,” the novel method of Talmudic analysis developed by Rabbi Hayyim Soloveichik of Brisk de-Lita (Brest-Litovsk), Moshe’s father. This methodology was later transported to Yeshivat Har Etzion (in Gush Etzion), when Rabbi Yosef Dov’s son-in-law Rabbi Aharon Lichtenstein became rosh yeshivah there in 1971. The Soloveichik Family, descendants of Rabbi Hayyim of Volozhin, the premier disciple of the Vilna Gaon, carried on the Mitnagdic tradition of Torah li-shemah (study of Torah for Torah’s sake) as outlined in Rabbi Hayyim’s work Nefesh ha-Hayyim, and as put into practice for the better part of the nineteenth century in the Volozhin Yeshivah, ‘the mother of yeshivot.”

And then there was Shagar. ShaGaR (acronym of Shimon Gershon Rosenberg) (1949-2007), himself a product of the Dati-Le’umi (Religious Zionist) world (identified by their knitted yarmulkas, or kippot serugot) posed a challenge to the monolithic world of Brisk. With an impressive armamentarium of spiritual works—Habad, Likkutei Moharan (by Rabbi Nahman of Breslov), Mei ha-Shilo’ah (of the Izhbitser Rebbe)—his teachings found a chink in the armor of the time-hallowed derekh ha-limmud (method of study). One could say, Shagar was a Litvak’s worst nightmare. Students of the Gush, the so-called “Harvard of yeshivot hesder,” who evidently were dissatisfied with the traditional diet of the yeshivah, were taken by the siren song of Shagar, who dispensed a post-modernist presentation of Hasidic thought.

And then the unthinkable occurred. The refracted light of Hasidism bounced back to the “mother ship,” Yeshiva University, and in 2013, Rabbi Moshe Weinberger, an American Hasidic rebbe (a graduate of Yeshiva University), was appointed “Mashpi‘a” of Yeshiva University. (Previously, the title “mashpi‘a,” or “spiritual influencer,” was synonymous with Lubavitcher yeshivot.)

The meeting between the Vilna Gaon’s heirs and the Ba‘al Shem Tov’s heirs was happening.

The present volume, edited by Rabbi Dr. Shlomo Zuckier, a polymath of some distinction, and published under the auspices of Yeshiva University, is testimony to this paradigm shift within the world of Yeshiva University and Yeshivat Har Etzion.

The thought occurs to this writer that the confrontation of Shagar and Rabbi Aharon Lichtenstein in the Gush, might have taken place a generation earlier had Rabbi Abraham Joshua Heschel become faculty at Yeshiva University. (There exists documentation to substantiate the negotiations between Heschel and Yeshiva University.) Within the halls of Yeshiva University there would have held forth the Rav and the Rebbe; the scion of the Beit Harav mi-Volozhin, and the descendant of the Apter Rov (his namesake, Rabbi Abraham Joshua Heschel), author of Ohev Yisrael; Rabbi Levi Yitzhak of Berdichev, author of Kedushat Levi; the royal house of Ruzhin; and the Rebbe of Novominsk. A generation earlier, the encounter of the Man of Halakhah and the Man of Aggadah might have produced a marvelous cross-pollination.

A single example will illustrate the fecundity of their mutually complementary thought: Prophecy.

Where the Rav, the Ish ha-Halakhah (based on Maimonides, of course) “worked overtime” to glean the halakhic takeaway of the entire prophetic enterprise, and arrived finally at the notion of imitatio Dei (“ve-halakhta bi-derakhav”), the Rebbe, the Ish ha-Aggadah, dismissed imitatio Dei. While the Man of Halakhah sought the dimension of “prophecy needed for generations” (“nevu’ah she-hutzrekhah le-dorot,” b. Megillah 14a), the Man of Aggadah searched for precisely the “teaching of the hour” (hora’at sha‘ah).

After quoting Maimonides’ Hilkhot De‘ot 1:6 (“And in this way, the prophets called God by all those epithets [kinuyim]—“Long Suffering,” “Master of Lovingkindness,” “Righteous,” “Straight,” etc.—to make known that they are good and straight ways, and a man is obligated to conduct himself by them and to emulate Him to his ability”), Rabbi Yosef Dov Soloveitchik confides:

I always had difficulty in regard to the role of the prophets of Israel. On one hand, we rule that a prophet may not innovate to add or subtract even a jot; on the other hand, the word of the LORD required prophets, and their prophecy was written down for generations. What is the purpose of their prophecy inasmuch as they were unable to innovate any matter of Halakhah? Certainly, they rebuked Israel, and rebuke was one of the purposes for which our prophets were sent. However, I still have difficulty saying that in their prophecy they told Israel nothing in the Halakhic sense.

But now all is crystal clear. There is an entire Torah in the books of the Prophets—the Torah of the ways of the LORD, the Torah of the epithets that obligates man in imitating his Creator. … Tout court, prophecy came to teach man how to participate in the attributes of the Holy One, blessed be He, and to attain His epithets.

(Yosef Dov Soloveitchik, Shi‘urim le-Zekher Abba Mori [Jerusalem: Mossad Harav Kook, 2002], vol. 2, pp. 188-189)

In revolt against Maimonides, and nurtured on the iconoclasm of Pshysucha and Kotzk, Heschel, proponent of divine pathos, searches for exactly the “teaching of the moment,” the prophet’s experience of the moment. (As one of the authors in the collection, the late Ya‘akov Elman, wrote, “Individualism in Przysucha-Kotzk-Izbica-Lublin involves not just individual humans, but also individual moments in time and circumstance” [p. 87].)

Heschel writes:

Prophetic sympathy is by no means identical with the imitation of God, which in the broadest sense is also a biblical motif (cf. Lev. 19:2). The difference is the more significant because the resemblance, too, is obvious. Imitatio, the pattern of which is a concrete life-history, is realized as a practical way of life. Sympathy, whose object is an inner spiritual reality, is a disposition of the soul. The prototype of imitatio is an unchanging model; a constant traditional knowledge of it indicates a ready path to be followed. Pathos, on the other hand, is ever changing, according to the circumstances of the given situation. The content of sympathy is not fixed by any predetermination. What is abiding in it, is simply the orientation toward the living reality of God.

Imitatio is concerned with a past, sympathy with a present, occurrence. Imitatio is remote from history; what is at stake in sympathy is an actual historical situation.

(Abraham Joshua Heschel, The Prophets [Peabody, Mass.: Hendrikson, 2010], Part Two, p. 102)

And again, in even more strident terms:

The goal of sympathy is not to become like unto God, but to become effective as a prophet through approximation to the pathos of God. In sympathy, divine pathos is actually experienced in the moment of crisis; in imitatio, the fixed pattern is transmitted. In the former case, an assimilation or creative understanding is necessary; in the latter, mere knowledge is sometimes sufficient.

In imitatio, the whole being of the deity is often taken as the pattern; in sympathy, only its aspect as pathos is taken as the pattern.

(Ibid. pp. 102-103)

We read that when a meeting was arranged between Rabbis Heschel and Soloveitchik in the 1960s to map out a strategy for confronting the Vatican, at their initial encounter, these two Jewish leaders (whose parallel paths traversed Warsaw, Berlin and New York) discussed (at Rabbi Soloveitchik’s insistence)—Yiddish literature. Perhaps the time has come for the denizens of the worlds of Halakhah and Aggadah to discuss—Prophecy.




The sukkah on Shemini Atzeret controversy

The sukkah on Shemini Atzeret controversy
by William Gewirtz

Introduction: Arguments about eating in the sukkah on Shemini Atzeret outside of Israel have a long and somewhat baffling history.[1] While not the only example of practice in opposition to the Shulchan Aruch, it appears to be among the most argued. The gemara, Rambam, the Tur and the Shulchan Aruch, written in many locales, all seem to be as unambiguous as possible in requiring one to eat in the sukkah. The Gaon, incensed by the spreading Chassidic custom to eat outside the sukkah, perhaps lemigdar miltah, went so far as to mandate sleeping in the sukkah on the night of shemini atzeret, in opposition to the Maharil, the Magen Avraham and normative custom. Despite consensus among all major decisors to require eating in the sukkah, an undercurrent of opposition has existed from at least the times of the early rishonim. Support for that opposition has been based on a number of apparently legitimate points. However, despite some early and consistent opposition, despite the logic and halakhic rationale of those who did not sit in the sukkah, and despite the problematic nature of the gemara (as explained below), I hope to explain the basis for the concluding and declarative statement in the gemara: “we sit but do not make a berakha.” In fact, the assumption, explicitly found[2] as far back as the times of the rishonim, that the declarative ruling was interpolated at a later point, is fundamental to explain both sides of the controversy. Some, as early as the times of the rishonim, argue that we can discount such geonic interpolations in deference to the original text which, as will be demonstrated, concludes not to sit in the sukkah. My goal is to explain why the interpolation is to be followed despite its ostensible opposition to the remainder of the text. The major thesis proposed is that one has to differentiate between a period of doubt as existed in both the yerushalmi and bavli when rosh chodesh was declared based on the observation of witnesses and a later period when rosh chodesh was determined using a fixed calendar. The geonic interpolation into the text of the gemara occurred at that later point; its rationale and inconsistency with the texts of the gemara needs to be addressed from that perspective. If I am correct, then in the period when rosh chodesh was declared based on the observation of witnesses, as in the times of Rav Yochanon and Rav,[3] sitting in the sukkah was not always required. However, when the fixed calendar was in use, the rabbis (eventually) decreed that sitting in the sukkah on Shemini Atzeret was obligatory. It may well have been more akin to a gezairah required at their time versus a continuation of historic practice. The remainder of the paper focuses on:

  • An analysis of the primary texts of the gemarot that demonstrates opposition to sitting in the sukkah on Shemini Atzeret.
  • A conjecture that the level of doubt in the times of the gemara was minor.
  • Possible objections to sitting in the sukkah on Shimini Atzeret when not required and why they were perhaps considered overriding particularly given the level of doubt. Additionally, there are critical factors that differentiate Shemini Atzeret from other cases of yom tov sheni.
  • The interpolation by the geonim, and their insistence on sitting in the sukkah despite earlier halakhic rulings.
  • The objection to the gemara’s conclusion by some early authorities and their different practices.
  • Reasons that would exempt you from sukkah in general, would certainly exempt you on Shemini Atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah.
  • A summary and a modest proposal.

Section 1 – An analysis of the primary text of the gemarot demonstrates opposition to sitting in the sukkah on Shemini Atzeret. The sugya in the bavli masechet sukkah beginning on 46b contains three parts:[4] A. The disagreement of Rav Yochanon and Rav. R. Judah the son of R. Samuel b. Shilath citing Rav ruled: The eighth day which may be the seventh is regarded as the seventh in respect of the sukkah and as the eighth in respect of the benediction. R. Yochanon, however, ruled: It is regarded as the eighth in respect of both. B. Two approaches to interpreting the disagreement. FIRST APPROACH: That one must dwell [in the sukkah on the eighth day] is agreed by all, they only differ on the question of the benediction. According to him who regards the day as the seventh in respect of the sukkah, we also recite the benediction [of the sukkah], while according to him who holds that it is regarded as the eighth in respect of both, we do not recite the benediction [of the sukkah]. R. Joseph observed: Hold fast to the ruling of R. Yochanan, since R. Huna b. Bizna and all the notables of his age once entered a sukkah on the eighth day which may have been the seventh, and while they sat therein, they did not recite the benediction. But is it not possible that they were of the same opinion as he who laid down that once a man has recited the benediction on the first day, he has no more need to recite it? — There was a tradition that they had just come from the fields. SECOND APPROACH: (the ikka de’amri) There are some who say that the ruling that one must not recite the benediction [of the sukkah] is agreed upon by both, and that they only differ on the question whether one must sit [inthe sukkah]. According to him who ruled that it is regarded as the seventh day in respect of the sukkah, we must indeed sit in it thereon, while according to him who ruled that it is regarded as the eighth day in respect of both, we may not even sit in it thereon. R. Joseph observed: Hold fast to the ruling of R.Yochanan. For who is the authority of the statement? R. Judah the son of R. Samuel b. Shilath [of course], and he himself sat on the eighth day which might be the seventh outside the sukkah. C. A declarative ruling that “we sit but do not make a berakha.” And the law is that we must indeed sit in the sukkah but may not recite the benediction. A. The disagreement of Rav Yochanon and Rav: Rav states that Shemini Atzeret is treated as the seventh for “this” and the eighth for “that.” Rav Yochanon states it is the considered as the eighth for “this” and “that.” The two approaches differ as to what “this” and “that” refer.[5] B. Two approaches to interpreting the disagreement: The first alternative assumes that all agree that sitting in the sukkah is obligatory; the argument concerns whether to make a berakha. In this approach Rav is asserting that one makes a berakhaleishev ba’sukkah.” The phrase “the seventh for this” refers to this obligation for a berakha on sitting in the sukkah. “The eighth for that” refers to the fact that the other prayers of Shemini Atzeretkiddush and tefillah – mention only the eighth day and make no mention of Sukkot. Rav Yochanon asserts we make no reference to Sukkot, making no berakha when sitting in the sukkah on the eighth. It is the eight for “this” refers to sitting in the sukkah without a berakha; “the eighth for that” is interpreted identically to Rav. According to both opinions, “this” refers to whether or not a berakha is made when sitting in the sukkah on Shemini Atzeret. According to both opinions, “that” refers to the mention of only Shemini Atzeret in the prayers of the eighth day. This reading is rather forced in that there does not appear to be any disagreement about what holiday ought to be referred to in the various prayers and blessings of the eighth day. While the word “this” is informative, the word “that” is not. Stating both Sukkot and Shemini Atzeret in one prayer/blessing would be contradictory; declaring a day to be both Sukkot and Shemini Atzeret was never even raised as a possibility and for good reason. The first approach then quotes practice that supports the view of Rav Yochanon, suggesting that we are to follow the opinion of Rav Yochanon. The second approach assumes not making a berakha on sitting in the sukkah is undisputed; the argument is about even sitting in the sukkah. Thus the second part of the phrase – the eighth for “that” states that common view of both Rav and Rav Yochanon omitting a berakha on sitting in the sukkah. “This” refers to the obligation to sit in the sukkah. Rav maintains for “this” it is considered the seventh and hence one is obligated to sit in the sukkah. Rav Yochanon maintains it is the eighth for “this” as well with no obligation to sit in the sukkah. Note that in this approach of the ikaa de’amri, both parts of the sentence are informative. The second approach then also quotes practice that supports the view of Rav Yochanon, suggesting that we follow the opinion of Rav Yochanon Were the sugya to end at this point, the conclusion would be clear for two reasons. Each reason itself is two-fold, resulting from both a general principle as well as a detail present in this specific case.

  • First, generally, where there are two alternative approaches, the second, the ikaa de’amri, is assumed normative.[6] As well in this specific case, as indicated, the phrase of both Rav and Rav Yochanon is more informative in the formulation of the ikka de’amri.
  • Second, when there is a dispute between Rav and Rav Yochanon, we generally follow Rav Yochanon.[7]As well, in this specific case the text in both alternatives immediately includes an example of practice that follows the opinion of Rav Yochanon.

Taken together, we would assume to follow the second alternative and the opinion of Rav Yochanon – and not sit in the sukkah on Shemini Atzeret. According to many readings, this conclusion is made even more strongly by the yerushalmi.[8] While the bavli addresses the obligation to sit in the sukkah, the yerushalmi notes that one may not sit in the sukkah while making kiddush but one may enter the sukkah afterwards if he so desires. While some rishonim quote this yerushalmi as opposing the psak of the bavli,[9] others claim[10] that the yerushalmi is addressing a region of Israel where there was no doubt about what day the courts declared rosh chodesh. Rabbi Schacter, in support of the former opinion, observed that the yerushalmi uses the expression “leilai yom tov achron;” the plural, “leilai” is only relevant if there is a yom tov sheni on the ninth. Given this interpretation, the yerushalmi is making a rather strong point of equating the nights of the eighth and ninth, dismissing any possibility of an obligation to eat in the sukkah on the eighth.[11] C. A declarative ruling that “we sit but do not make a berakha:” Despite the reading of the gemara as outlined, the bavli concludes that “we sit but do not make a berakha.” This opinion is that of both Rav in the second alternative and Rav Yochanon in the first alternative. This ruling corresponds to two of four opinions quoted; the two alternative opinions – not sitting at all or sitting and making a berakha – are only supported by one amora and only according to one alternative. Despite that, this ruling is contradicted by the normal principles of psak where we would follow Rav Yochanon’s opinion in the second alternative, as well as the yerushalmi. The language of the gemarashemini safek shevii,” and in particular the various amoraim cited, place the gemara not in the period of calculation based on a fixed calendar, but still during a period where rosh chodesh was declared based on observation. During that period, yom tov sheni was observed because of real doubt and also, at some point, as a precaution even during those years where doubt did not exist. Given the establishment of a fixed calendar in 359 CE by Hillel II, it is not entirely clear in exactly what era yom tov sheni was firmly established and, more importantly, when it was extended to include sitting in the sukkah on Shemini Atzeret. It is entirely plausible, that this declarative ruling obligating sitting in the sukkah on Shemini Atzeret followed the period debated in the gemara by multiple centuries. This resolves the apparent contradiction in the text. Why this was not stated explicitly in the gemara is only problematic if one does not assume it was obvious. Section 2 – A conjecture that the level of doubt in the times of the gemara was minor. Returning now to the period of real doubt over which day was declared rosh chodesh, the question of why was sitting in the sukkah not considered mandatory? We will deal with a number of reasons that would argue against sitting in the sukkah in the next section. However, there are two factors that would reduce the level of doubt in the times of declaration based on observation.

  • First, atmospheric conditions in the Middle East around the beginning of Tishrai are normally excellent and the ability for a new moon crescent to be observed is very high.[12]
  • Second, the beit din had flexibility to reduce any doubt around Rosh HaShana. When necessary, the beit din could delay declarations of rosh chodesh Elul to guarantee that a moon’s crescent would always be present to be observed on the evening following the 29th of Elul.[13]

These two factors lowered the level of doubt considerably. In addition,

  • the late date in the month when Shemini Atzeret occurs and
  • the effort to determine Yom Kippur

would likely reduce the level of doubt even further. After fasting only on the 10th day of Tishrai as Yom Kippur, it is entirely possible that in spite of observing yom tov sheni on the first days of sukkot, the level of doubt was minimal and insufficient to overcome the objections covered in the next section.[14] Section 3 – Possible objections to sitting in the sukkah on Shemini Atzeret when not required and why they were overriding particularly given the level of doubt. Additionally, one can differentiate Shemini Atzeret from the more usual case of yom tov sheni on multiple grounds. There are two potential issues with sitting in the sukkah on Shemini Atzeret, tarti de’sasreh, acting in a contradictory manner[15] and violating the prohibition to add to a mitzvah, by adding an additional day of sukkah observance, particularly on Shemini Atzeret where sitting in a sukkah is not part of the observance.[16] In the case of sitting in the sukkah, a potentially neutral act, neither is violated if some aspect of performance is compromised; however, the degree of compromise required may be in dispute. Regardless of which of the two reasons[17] is invoked, in a case of limited doubt, one or the other or both may have been sufficient to make sitting in the sukkah on Shemini Atzeret either not obligatory or perhaps not even permitted without some restrictions. Both the yerushalmi and various opinions in the main text of the bavli, support this conclusion. At some point after a fixed calendar was established in the fourth century, a second day of yom tov was formalized (or maintained.)[18] As Rav Soloveitchik explained, an additional level of kedushat yom tov was applied to either an ordinary day (the day after a yom tov, isru chag) or the first day of chol hamoed because of sefaikah de’yoma. This additional level of kedusha, automatically invoked obligations for kiddush, tefillah, sippur yetziat mitzraim, etc. as well as prohibitions from work. Of course, such an approach could not be applied to Shemini Atzeret; it was already a holiday and one could not add to its kedusha, only change it. This was not done; note that we do not mention Sukkot nor do we observe the mitzvah of lulav. We simply sit in the sukkah without a berakha, something that is both different from a halakhic perspective from other observances of yom tov sheni that derive from the changed status of the day, and in Rav Soloveitchik’s opinion, less than satisfactory conceptually. He said, perhaps half-seriously, that despite his unwavering adherence to normative halakha, the position of the chassidim makes more sense. In any case, sitting in the sukkah is a unique observance with textual, historical and conceptual challenges. Section 4 – The interpolation by the geonim[19], and their insistence on sitting in the sukkah despite earlier halakhic rulings. I do not know the precise history of yom tov sheni. However, both reciting berakhot during yom tov sheni against normal halakhic practice,[20] as well as the assumed halakhic interpolation by the geonim requiring sitting in the sukkah on Shemini Atzeret may both have similar origin – the need to reinforce the observance of yom tov sheni. As Dr. Haym Soloveitchik points out,[21] the case of sukkah on Shemini Atzeret proves the wisdom of insisting on a berakha; the one mitzvah of yom tov sheni for which we do not recite a berakha, resulted in widespread non-observance. It seems more than likely that this interpolation was recognized as “outside the norm” if the practice during the period of doubt did not include sitting in the sukkah on Shemini Atzeret. Like berakhot, it may have been viewed as necessary particularly following a single day observance of Yom Kippur to strengthen the observance of yom tov sheni. One can only assume that the ruling’s discontinuity from the remainder of the text of the gemara was recognized and did not need elucidation; when first written, a then contemporary reader would recognize the change in practice. Section 5 – The objection to the gemara’s conclusion by some early authorities and their different practices. Given universal acceptance of the observance of yom tov sheni in the times of the rishonim, one would not have expected any deviation from the gemara’s definitive conclusion. Rabbi Schacter and Dr. Soloveitchik highlight a number of sources that illustrate the lack of universal acceptance of the gemara’s conclusion by Rashi’s rebbe and members of his family,[22] a distinguished member of the Maharil’s community,[23] and by a member of the Kolonymous family.[24] Citing the core sugya in the bavli and the yerushalmi, while certainly relevant does not in and of itself justify deviating from a clear conclusion even if it is of geonic origin. What is universally conjectured is that the cold climate of Northern Europe motivated a change. For the geonim omitting a berakha constituted enough of a heker to obviate either objection – either a tarti de’sasreh or violating a prohibition to add to a mitzvah by adding an additional day of sukkah observance. In a temperate climate, eating outside without a berakha renders sitting in the sukkah a more balanced act – clearly not a complete fulfillment of the obligation to sit in the sukkah, but, nonetheless, still honoring the institution of yom tov sheni shel galyot. However, in the cold climate of Northern Europe, even absent a berakha, either objection would, as it did in the times of real safek, make sitting in the sukkah (at least during kiddush) problematic. Note as well that the custom of returning to the sukkah during the day is consistent with this logic. During the day:

  • the temperature is milder,
  • there is no tarti de’sasreh from the recitation of kiddush, and
  • having been absent from the sukkah at night, as Rav Soloveitchik pointed out, creates a discontinuity of performance that renders sitting in the sukkah the following day a non-violation of adding to the mitzvah.

What is perhaps most surprising is that even after the period of the Tur and Shulchan Aruch, Rav Yosef Yuzpa, the dayan in Frankfurt am Mein around the end of the 16th and beginning of the 17th century, when Rav Isaiah Horowitz, the Shelah HaKadosh, was Rav, in his sefer Yosef Ometz was still able to state that a family, descendant of Troyes, who does not sit in the sukkah, “has on what to rely.”[25] Section 6 – Reasons that would exempt you from sukkah in general, would certainly exempt you on shemini atzeret; mitztayer and kabbalat penai rabbo are analyzed as bases for not sitting in the sukkah. Mitztayer would exempt one from sitting in the sukkah not just on Shemini Atzeret but also on Sukkot proper. However, mitztayer is likely not binary. At one extreme, by living unnaturally in the sukkah one may not even fulfill one’s obligation, regardless of intent, as would be the case in extreme cold or very rainy weather. If, however, it is somewhat uncomfortable given the elements, sitting in the sukkah may no longer be obligatory, while it would still remain a fulfillment of one’s obligation. It seems logical as well to differentiate further the notion of mitztayer as it might apply to Sukkot versus Shemini Atzeret. Perhaps a yet lesser degree of mitztayer, not sufficient to allow eating outside the sukkah on Sukkot, might nonetheless, be more than sufficient to override and invalidate the level of heker made by not reciting a berakha. I have not seen any discussion of this notion by poskim, despite its apparent logic.[26] By analogy, one might not be legally drunk, but nonetheless it would be wise not to drive a car. Similarly, one might argue for eating outside the sukkah on Shemini Atzeret in conditions that do not meet the halakhic definition of mitztayer on Sukkot proper. Thus, cold temperatures that might not justify eating outside the sukkah on Sukkot could nonetheless justify, and indeed perhaps mandate, not eating in the sukkah on Shemini Atzeret. Rav Soloveitchik, in an attempt to justify Chassidic practice, noted the importance of the night of Shemini Atzeret, following the “guten kvitel” that Kabbalists associated with the day of Hoshana Rabbah. Like the exemption accorded to the celebration of sheva berachot even on Sukkot, when the sukkah does not comfortably provide adequate room, one can argue that the large celebrations by Chassidim where they are mekabeil penai rabbom, would similarly provide an exemption. I would add that here as well, a lesser degree of need might again be seen as voiding any heker provided by just omitting a berakha. Of course, while this explains why a tisch was held outside the sukkah, it does not in any way justify a general practice of avoiding the sukkah that has become widespread in many Chassidic circles.[27] Section 7 – A summary and a modest proposal. The discussion in the gemara covered a period of history where there was real doubt about the declaration of rosh chodesh, although in the case of Shemini Atzeret, that doubt was minimal. In the face of minimal doubt, the reasons not to sit in the sukkah prevailed. The geonim, perhaps in order to strengthen the notion of yom tov sheini, instituted the practice that “we sit but do not make a berakha.” It is not my intent to give halakhic advice; some might suggest that perhaps we ought to not even ask a local rabbi as much as follow family practice. In any case, for those who eat in the sukkah, I would consider situations of partial mitztayer that might arise, where eating in the sukkah may not be appropriate. On the other hand, given widespread laxity, one might argue that the stringencies of the geonim and the Gaon might again be particularly relevant. Of course, most fundamentally for those whose ancestors ate outside the sukkah in Warsaw, conditions are rather different in Miami,[28] or even in Baltimore or Boston.

[1] Shiurim by Rav Joseph B. Soloveitchik ztl on the Bergen Torah Beis Medrash website, as well as by Rabbi Dr. Jacob Schacter on 10/02/2007 and by Rabbi Yosef Adler on 9/29/2009, both on the YU Torah website, provide important background. I benefited greatly from their analysis; elements of their perspective are reflected. Many of the sources referenced were assembled by Rabbi Schacter (including important sources cited by Dr. Haym Soloveitchik, whose seminal review essay is quoted extensively by Rabbi Schacter) in his comprehensive shiur on this subject. Most of the materials referenced below that are not available in standard editions of the gemara can be downloaded in the extensive maarei mekomot provided by Rabbi Schacter available on YU Torah in conjunction with his shiur.
[2] One might argue this was also known during the geonic period but assumed to be common knowledge.
[3] Certainly Rav Yochanon and Rav, the major disputants in the bavli as well as the text of the yerushalmi preceded the established use of a fixed calendar. We assume that the entire sugyah, quoting only Rav Yochanon and Rav and their students, was framed in the period prior to the determination of a fixed the calendar; the conclusions of the sugyah may have reflected practice that was followed for an even longer period.
[4] Translation below is from the Soncino Talmud.
[5] Analysis of the text of the gemara below, benefitted extensively from “Law and Custom in Hasidism” a translation by Shmuel Himelstein of Rabbi Dr. Aaron Wertheim’s original book, Ktav Publishing House, Hoboken, NJ. 1992, pages 279 – 286.
[6] See for example, Hasogot haRaavad, Taanit 11. Both the Rosh and Ran on Avodah Zarah 7a indicate that some geonim and rishonim always follow the second opinion. Others differentiate based on Torah, Rabbinic, monetary or religious law. For example, tosofot, s.v. Beshel Torah, in Avodah Zarah 7a, quotes Rashi in a case of an ikka de’amri as deciding according to the lenient view in cases of Rabbinic law. According to that view, given that sitting in the sukkah on Shemini Atzeret in times of Rav and Rav Yochanon may be a real safek with respect to Torah law, one might follow the stricter view, the first opinion. In the times of fixed calendar, however, presumably sitting in the sukkah on Shemini Atzeret is only Rabbinic, and we might also follow the second, more lenient view.
[7] Rif Baba Metziah, Chapter 4, 29a, in the dafei haRif.
[8] Sukkah Perek 4, halakha 5, 17b.
[9] Sefer HaPardes.
[10] Minhagim of Rabbeinu Yitzkhak MiDura.
[11] An uncontested view of the yerushalmi, versus contested views in the bavli, adds additional credence to a preference for the opinion of Rav Yochanon according to the second alternative – not to sit in the sukkah on Shemini Atzeret.
[12] Note that the gemara in Beitzah 4b-5a records a singular event where witnesses were delayed in coming on the 30th of Elul to declare that day as the 1st of Tishrai. In early times they [the Sanhedrin] admitted the testimony about new moon throughout the [whole] day. Once, however, the witnesses were late in arriving and the Levites erred in the chant. Given how rare it is for the moon to be obscured by clouds throughout the night in the environs of Jerusalem, normally, one could expect witnesses to arrive earlier in the day. The Hebrew of the text of the gemara – “pa’am achat” appears to denote a rare event.
[13] Perhaps in our fixed calendar Elul always has 29 days in commemoration of prior practice.
[14] Ritva, in complete opposition to this approach, assumed that prior to a fixed calendar, one would likely be dealing with standard case of doubt with respect to a biblical commandment and sitting in the sukkah would clearly be mandatory.
[15] The Ran, in his commentary on the Rif, adds the element of zilzul of Shemini Atzeret by acting in a manner that would equate a holy day to a day of chol hamoed. Zilzul adds an additional dimension; the activity is not just conflicting, a tarti de’sasre, but demeaning of Shemini Atzeret as well. Perhaps, unlike other cases of a tarti de’sasre, absent an element of zilzul, a day might legitimately have a dual character. Furthermore, my nephew, Joshua Blumenkopf, noted that tarti d’sasri is not an independent principle; it merely means that you cannot use two contradictory kulot at the same time, something not present in this case.
[16] Were it not Shemini Atzeret it would be no different than eating matzah on the eighth day of Pesach because of sefaikah de’yoma.
[17] A reason to justify sitting outside the sukkah on Shemini Atzeret, cited by Rabbi Werthheim, based on the Midrash Tanchuma, parshat Pinkhas, that one has to pray sincerely for rain, would appear to be more a rationalization than a halakhic factor.
[18] The history and details of this complex and controversial topic are not addressed. One could assume that detailed halakhot varied across the various possible periods of history including: the original period of uncertainty when rosh chodesh was declared based on observation, a later period where rabbinic rulings mandated yom tov sheni even prior to the period of the fixed calendar, the initial period of a fixed calendar and various later periods in the fixed calendar. Aligning various sugyot to those periods could shed additional light on this topic. For example, consider the gemara in Beitzah 4b. Is the gemara referring to a period when the fixed calendar was already established or is referring to an earlier period where knowledge of sod haibur was used to reduce doubt? The latter seems to be more consistent with language that refers to knowledge of as opposed to use of the sod haibur.
[19] The interpolation is often ascribed to Rav Yehudai Gaon.
[20] Not reciting berakhot on a minhag.
[21] Haym Soloveitchik, “Olam Ke-Minhago Noheg: Review Essay,” AJS Review 23:2 (1998): 223-234.
[22] Sefer HaPardes.
[23] Maharil – Minhagim, Hilkhot lulav – 6.
[24] Yekhusai Tannaim ve Amoraim, (ed. Y. L. Maimon), pages 329-330, cited by Dr. Soloveitchik, makes (a less complete version of) the textual arguments outlined in Section 1.
[25] Yosef Ometz – 1058.
[26] The Aruch HaShulchan attempts to justify various customs for only partially observance of sitting in the sukkah as creating a yet greater heker given cold temperatures.
[27] In addition to attribution of the trend to sit outside the sukkah on Shemini Atzeret to the Chassidic celebrations of the evening following Hoshana Rabbah, see as well Rabbi Dr. Aaron Wertheim’s “Law and Custom in Hasidism,” pages 279 – 286 for attribution to other kabbalistic sources.
[28] Miami is closer to the equator than cities in the Middle East.



New Book List December 2007

December 2007 New Book List
By Eliezer Brodt

As previously mentioned before from time to time we hope to write up lists of new seforim with a short description. Here is a list of some new seforim that came out in the past few weeks [some of these seforim will be the subject of their own longer posts].

Iggeret Hamussar (Jerusalem, 2007); 269 pages. This sefer is the last will and testament of the Rambam (with nikkud) that he wrote to his son R. Avraham. This work has a lengthy commentary from R. H. Kupperman – 269 pages. The authenticity of this work will be discussed in a future post at the Seforim blog.

Tosaot Chaim from R. Eliyahu De Vedasch author of the Resheis Chochmah. This edition is 437 pages and contains 183 chapters from R. Akiva Yitzchak about various topics in this sefer mostly relating to Orach Chaim topics.

The Sefer Mitzvot Tefillen by R. Yeshaya Horowitz, author of the Shelah HaKadosh, was reprinted. This work was first printed by R. Kreizer over thirty years ago with notes from manuscript for the first time. It’s a complete work on the halakhot of tefillen written by the Shelah. Now R. Kreizer reprinted it with almost double amount of material in the notes than the original printing.

Yerushateinu vol. 2 (Beni Brak: Machon Moreshet Ashkenaz, 2007); 462 pages. Machon Moreshet Ashkenaz released the second volume. This journal will soon be reviewed at greater length at the Seforim blog.

R. Yadler has just printed his fourth volume of the popular work Meor HaShabbas. This work focuses on electrical products and Shabbas.

A new volume of R. Tzvi Pesach Frank’s Har Tzvi has been printed. This work is a collection of his notes on various classical acharonim, many of which have been printed before.

A new sefer called Nasiach BeChukechah was just printed by the Rosh Kollel of the kollel in Palo Alto, California, Rabbi Avi Lebowitz. This work is an excellent basic work on the klalaei hamitzvos. The volume is very organized and clear, but not overly exhaustive or encyclopedic. The author focuses on the kelalim that the Chayei Adam brings (in siman 68) and Nasiach BeChukechah has chapters on each of these kelalim, providing citations for the basic sources and relevant discussions on the various kelalim. He also has some chapters on some of the Kelalim that the Chayei Adam omitted. For some samples of this work see here.

Another volume from the Eitz Hadas Tov by R. Hayyim Vital was printed for the first time from manuscript. The introduction to this volume deals with, among other topics, the time when this work was written by R. Vital — before or after R. Vital studied kabbalah. [A topic which has already been sharply debated between R. Y. Hillel and R. Montzur]. This edition of Eitz Hadas Tov also includes a hundred page work on the history of R. Hayyim Vital and his writings.

Ahavat Sholom released two more volumes, numbers seven and eight, of their set of seforim of the Aderet. Other publishers are putting out other volumes of the Aderet’s writings as well. Amongst the seforim in these two volumes is a work of the Aderet’s father and a work on klalei Hamitzvot. All the works of the Aderet will be reviewed shortly at the Seforim blog.

HaMeor HaGodol, R. Meir son of R. Jacob Emden, ed. R. Shmuel Dovid Friedman (Brooklyn, NY, 2007), [30], 352, [6]. This is a commentary on Mishnayos Seder Nashim and the Rambam’s Mishneh Torah by R. Meir, the first born son of R. Jacob Emden. Included is a biography of R. Meir.




New Auction Catalog Online

The Baranovitch auction catalog for their Nov. 9th auction is now available online. It has some nice seforim, including one of my favorite, R. Y. Shapotshink’s Shas haGodol s’begolim, the largest Shas ever published. Shapotshink, who was a real character, utilized R. Pinner’s shas and then added notes on the side of the page, creating the largest in size shas ever published. As many of his books, he only published a single volume. In this case, only Berachot was published.

The auction also includes some books with pictures in them. One of the more interesting ones is the Vienna, 1813 edition of the Marsha (R. Shmuel Edels) that contains his “portrait.” R. Edels lived 1555-1631 and there is no known portrait executed during his lifetime. The portrait that appears in the Vienna edition is a product of the artist imagination and probably bears no relationship to what R. Edels actually looked like. In the portrait the Mahrsha appears with long, shoulder length hair, wearing some type of slippers, surrounded by hundreds of books.

At the same time, the Vienna publishers also published an edition of the Rif (R. Yitzhak Alfasi) also with a portrait, which is also a product of the artists imagination.




New Book Censored

R. Elijah haBahur‘s Sefer haTishbi has just been republished. The Sefer haTishbi is a dictionary devoted to words that do not appear in R. Nathan of Rome’s Orukh. This particular reprint contains many important additions. It contains Solomon Buber’s biography on R. Elijah as well as an extensive introduction on the various editions and the importance of the Sefer haTishbi. Furthermore, it contains several commentaries, some published for the first time. It contains the commentary of R. Menhem Shmuel Hirschtik, Ragle Mevaser originally published in 1910. However, it also contains the commentary of R. Jacob Emden and that of R. Yeshya Pick, the author of the Mesorat haShas. While R. Emden’s commentary had been published in part in two journals, for the first time both those are collected together. R. Pick’s commentary had never been published, although there had been some who alluded to it.

This book also contains an index as well as the Iggeret Pri Megadim from R. Yosef Teomim. This letter is typically published at the beginning of his commentary to Orakh Hayyim, however, due to the fact that he a) advocates for the study of R. Elijah’s books; and b) has numerous comments on the Sefer haTishbi, this was included here. There is also an index of just these letters.

Now, on to the controversial portion of the book. This book also contains the critique of R. Shlomo Schick on the Sefer haTishbi. R. Schick, in his commentary on the Torah, Torah Shelmah (1909, Satmar) takes issue with many of R. Elijah’s statements, not just his Sefer haTishbi. However, the editors of this edition of the Sefer haTishbi have collected R. Schick’s comments that relate to the Sefer haTishbi. The editors have also included a rebuttal of R. Schick titled Tzidkat haTzadik.

While this may seem rather innocuous, R. Schick is considered in some circles to be unacceptable. This is especially true amongst the Hungarian Haredim. R. Schick, who was a Rabbi of what was known as a Status Quo community in Hungary, was himself a Haredi. However, he felt that instead of alienating his community and many others in Hungary he would take a more reconciliatory stance. This put him in conflict with the majority of the Haredim in Hungary. They wanted to cut off all the non-Haredim. In fact, they issued an edict that all shecita by members that considered themselves Status Quo, was to be considered non-kosher. Importantly, many in the Status Quo community kept Torah and mitzvot a fact R. Schick pointed out in many of his teshuvot. This placed Schick outside the camp of the “frum” and thus among some his writings are unacceptable.

Therefore, there are two editions of this newly reprinted Sefer haTishbi. One that contains an actual photocopy of the haskama of the Betaz of Jerusalem and a second version that does not. In the edition that contains the haskama both the comments of R. Schick as well as the rebuttal does not appear. In the edition that does not contain the haskama you get what I described above, the comments of R. Schick and the editor’s rebuttal.

The editors even note this in the edition that contains R. Schick’s comments. They explain that the Betaz gave them a haskama (they even quote it but do not reproduce the actual letter, so they get to say they got the haskama without offending the Betaz) but that the Betaz told them they found R. Schick to be unacceptable and thus would not want to give a haskama to such a work.

Therefore, one now has a choice between the Betaz haskama or the comments and rebuttal of R. Schick.

I obtained both editions from Beigeleisen in Brooklyn.



Review of Kuntress Ha-Teshuvot He-Hadash

Kuntress Ha-Teshuvot He-Hadash, A Bibliographic Thesaurus of Responsa Literature published from ca. 1470-2000, ed. Shmuel Glick, vol. II, Jerusalem & Ramat-Gan, 2007, [4], 11, 483, [4].

I have briefly mentioned previously the bibliography on the Teshuva seforim, Kuntress Ha-Teshuvot He-Hadash (“KTH”). The second of four volumes has been published and I wanted to provide a more in-depth review of this work. KTH is an update of Boaz Cohen’s earlier bibliography, Kuntres Ha-Teshuvot, of Teshuvos seforim. In truth, however, this is far from a standard bibliography and when viewed as merely a bibliography it falls short. There are two basic types of Jewish bibliography works. The first is a “standard” bibliography and contains a meticulous entry of the publication information of a book. So in this type the reader gets the title, author, page count, size and various editions. The second type, while sometimes less exact on the technical side makes up for that by including additional information either about the contents of the book or the author. An shining example of the second type is the Hida’s Shem HaGedolim. KTH, while it has some of the first type is much stronger if viewed as in the Shem HaGedolim category.

KTH provides the basic information for each entry. The information includes: title, author, place[s] the author lived, years the author lived, a description of the book, sources for biographical information on the author, various printings of the book, and where the editors have seen the book recorded. In the bibliographical sense, KTH does not attempt to provide information on every printing of a particular book. Thus, one looking for a complete history of printing will be disappointed. That said, today, with the ease of viewing almost every major library’s catalog online locating a particular edition is not too difficult.

Instead, what KTH provides is something a typical library catalog cannot – detailed information on the content of the books. For many, although not all, of the books listed in KTH there are detailed description of many of the questions that appear in the book in question. And, I cannot emphasis enough how much information they provide at times it is amazing as not only do they provide the details of the book itself the editors also provide articles on the topic in question or citations to other books that discuss the same or a similar question. A few examples from the literally hundreds of such entries. In the entry for מלחמות אלקים by R. Bernard Illowy (2266) they list some of the teshuvos in the sefer one is teshuva no. 4:

סי’ 4: תשובות מאת המחבר ומאת ר’ שמשון רפאל הירש ור’ נתן אדלר בעניין כשרות עוף הברברי . . . על הפולמוס בעניין עוף זה, ועל תשובות המחבר, ראה ז’ עמר וא’ זיבטפסקי, “כשרות הברברי והמולרד”, המעין מד, א (תשס”ד) עמ’ 35-42, נ”י וינברגר, “והעוף ירב בארץ”, ישורון יד (תשס”ד) עמ’ תתקט-תתקלא

KTH is full of such entries. Another example, is the entry for מקוה ישראל (no. 2438) one of the books on the controversy regarding the mikvah in Rovigo. Again not only is the controversy mentioned merely as it appears in the book, instead, a nice bibliography on the controversy generally is provided. To wit,

על הפולמוס ראה: גרשון כהן, “לתולדות הפולמוס על סתם יינם באיטליה ומקורותיו,” סיני עז (תשל”ה) עמ’ סב-צ, יהודה בלוי, כתבי הרב יהודה אריה ממודינא, בודאפשט תרס”ו, עמ’ 127-137, י’ זנה, “הבדותה על דבר הספר מלחמות ה’ בעניין המקוה מרוויגו”, קרית ספר י (תרצ”ד), עמ’ 360-364, מ’ בניהו,”ספרים שחיברם ר’ משה חאג’יז וספרים שהוצים לאור”, עלי ספר ב (תשל”ו) עמ’ 132 הע’ 31, וראה עוד על הפולמוס ועל הדף “בשם ה'” שצורף לספר, מחקרי ספר, עמ’ 420-429. וראה גם י’ יודלוב, “פסקי דין של רבני ויניציאה משנת שס”ט” סיני מג (תשל”ט) עמ’ קסו-קעב הע’ 11

Or, the entry for the נודע ביהודה, the editors (no. 2627) document the well-worn and imaginary story that some editions of the נודע ביהודה were changed. Specifically, the famous teshuva discussing the recitation of לשם יחוד ends with a sharp barb at Hassidim. R. Landau substituted חסידים for פושעים. Many have recorded that in some editions this was changed back to the original reading. While that might be a good story there is no evidence that in any edition the passage in question was ever altered from the original. The entry lists many of those who record the story albeit with slightly different facts (they analyze the following sources: Beis Rebbi, Mekor Barukh, MiDor Dor, Medi Hodesh b’Hodsho, Imrei Shammai, and Mofesh HaDor) and then demonstrates the falicy of the story. Just two small additions to the entry are worthwhile pointing out. First, although many who record the story are listed, Dr. Sperber, in Minhagei Yisrael also was taken by this story (vo. 2 p. 118). Second, the only source provided that discusses the permissabilty of reciting לשם יחוד is the Hida in Machzik Berakha, O”C, 231:1. At the very least, R. Chaim Czernovitz, Sha’ar Ha-Teffilah should be mentioned as it is an attempt to rebut the position of R. Landau. See also Sperber’s discussion in Minhagei Yisrael, vol. 2 115-18, vol. 3 186-209.

The entry for מספד תמרורים (no. 2366) states:

עמ’ 7-8: “נשאלתי בהא דנוהגי’ הגבאי’ בהלוי’ המת כשיש בידם הקופות שקוראי’ ‘צדקה תציל ממות’ דהרי הוי לועג לרש וחרף עושהו וממש דמגרה עם המת שלכן מת כיון שלא נתן צדקה ואלו הי’ נותן צדקה לא הי’ מת? ע”כ

Aside from the “extraneous” information, information about various printings is provided as well. In the entry for the נחלת שבעה (no. 2667) the editors note that Efrahim Koffer found an autograph manuscript of the work that contains additional teshuvot and information. The editors also note that this new material was included in the 2006 edition of the נחלת שבעה. The editors point out, however, that in the 2006 edition they were “unaware” that Koffer found and published this additional material first. Moreover, the editors provide additional information on other manuscripts of the נחלת שבעה. Other entries contain which editions are lacking or have been changed.

The entries also provide sources for biographical information of the authors. The sources run the gamut from academic sources to biographies in the Yated Ne’eman (see, e.g. no. 2057).
All the information provided makes this a highly readable work and more importantly, provides the reader with much information that is difficult to locate otherwise. This work when competed in four volumes, will be the standard work in the field.