A Review of Beis Havaad by Eliezer Brodt

Beis Havaad, Le’arechat Kitvei Rabboseinu, ed. Yoel Hakoton and Eliyahu Soloveitchik, (Jerusalem, 2003); 272 pp. Beis Havaad is a collection of articles based on a series of lectures that were delivered in Yerushalayim dealing with many aspects of the proper way seforim should be published. Beis Havaad was originally intended to be a journal but, to date, no other issue has appeared. With its focus on books, it is only proper that a review of this book should appear at the Seforim blog — albeit somewhat belatedly — and discuss some of the many important points raised in this book. This book is a collection of articles from many of the top names in the field of printing and editing of seforim and includes articles by both rabbanim and professors. This sefer is basically a must have for anyone who wants to understand how seforim are printed, how to write them, how to find information and the importance of printing proper texts. Although I believe it is currently out of print, The sefer is available at Beigeleisen and many of the articles can be accessed online here. I will list some of the many points of interest raised in the various articles in the book. The book begins with an excellent article by Professor S.Z. Havlin regarding the importance of establishing the correct text of the seforim and using manuscripts. He gives some great practical samples demonstrating his points. Havlin also explains and examines the Hazon Ish’s position regarding the use of manuscripts and the need (or lack thereof) to establish a correct text. At the end of the article, Havlin highlights a source not typically used in the discussion about manuscripts etc. Havlin notes that the topic was touched upon in Chaim Potok’s novel The Promise. Havlin is not the only one to deal with this topic in Beis Havaad, R. Eliyahu Soloveitchik, in his article also discusses this topic. Both of these discussions add some more points to this ongoing discussion amongst talmidei hakhamim and scholars alike regarding the use of manuscripts and correcting texts. [I shall return to this topic at greater length in a forthcoming post at the Seforim blog.] Professor Havlin also mentions a bit about the derech halimud of R. Avraham Eliyahu Kaplan. Additionally, included in this journal is a reprint of much of R. Kaplan’s work on the topic. This work of R. Kaplan is a very special blueprint of how to print an extensive commentary on shas. [This great goan and his works will be the subject of a forthcoming post at the Seforim blog.] With permission of the family, they printed parts of this fascinating project which unfortunately never came to full fruition. Another important article in this journal is from R. Hillel Parush of Machon Harav Herzog and deals with other aspects of the nusach of the Talmud. Amongst the topics that he discusses is the the Hagahos of the Maharshal on the gemara, if they were from based on logical deduction or manuscripts. [For more on this topic, see Yaakov Shmuel Spiegel, Amudim b’Toldot Sefer HaIvri, Haghot u’Maghim, pp. 279-85.] There are at least three articles discussing exactly how one should edit seforim. Each of these articles contribute different, yet offer very important points for discussion. The first is from R. Y. Weiss who was the editor of the excellent journal, Tzefenous. He gives many practical samples on mistakes found in various classical seforim and how he would suggest these mistakes be corrected. Following R. Weiss’s article on the topic is another article on the topic from Professor Robert Brody of the Hebrew University of Jerusalem, famous for his work on the geonim. Specifically, Brody’s article discusses how after tracking down all the manuscripts of a specific sefer, the next step is to establish which manuscript is the most accurate text to base the actual text of the sefer. He also points out how one has to be very careful to be crystal clear when printing a sefer to note one’s methods in coming to the decision of which manuscript to use. [As Prof. Brody notes, this whole topic is a very complicated one, one that takes him a few months to teach how exactly this is done. Here, however, he provides an outline of some of the more salient points.]

R. Yoel Koton, co-editor of this volume and editor of the Hamaayan, has an in-depth article with all the rules of writing an article or sefer. Amongst the topics are all rules of grammar and how to quote the sources exactly. This is an extremely important article and anyone who is printing anything for the public should look at it as he raises many important issues. Amongst the points he raises are: the need to cite exactly what source is being quoted, including the edition used as many times there can be many works with the same name or even of the same author with different printings and one trying to track it down has great difficulty doing so; and, consulting experts on particular topics. Koton gives the example of if one is working on Mesechtas Rosh Hashana and comes to the topics relating to Hilchos Kiddush Hachodesh, he should consult people who are familiar with astronomy. [One who looks at the work of R. Chaim Kanivesky on Hilchos Kiddush Hachodesh will see how he consulted an expert on these topics.] As R. Zev Lev writes, in his introduction to Marchei Lev, how he used to explain and discuss the various aspects of science with R. Shlomo Zalman Auerbach when he was working on his teshuvos about opening a refrigerator on Shabbos.

Another article of interest is from Benjamin Richler where he discusses the history of the Institute of Microfilmed Hebrew Manuscripts (IMHM), situated in the Manuscripts and Archives Wing on the ground floor of the Jewish National and University Library, of the Hebrew University of Jerusalem.[2] Richler writes that 95% of the Jewish manuscripts in the world can be found there, either through microfilm, or actual text. This was written a few years ago. More recently, Richler writes only 90% can be found here. Be that as it may, an extremely large percentage of the Jewish manuscripts in the world are found there. He writes that a very large percentage of the halachic works of the Rishonim have been printed. But on kabbalah and other topics there are still many works in manuscript. Richler encourages anyone working on a work of the Rishonim or Achronim to check if perhaps there’s another manuscript that will help them print a more accurate text of the work. See also Benjamin Richler’s posts (here and here) offering some examples on the benefits of the JNUL manuscript room. The catalog is available online, and it is very easy to navigate through. The staff of the manuscript room is very helpful.

Another article is by Ezra Schwat, also of the JNUL Manuscript Room. His article has a list of all the different helpful websites for one to find different manuscripts. These sites are very helpful for all different kinds of research related to all Jewish areas. Another article is from Professor Spiegel, one of the heads of the Bar Ilan Responsa project. He writes that it is very important for any person working on a sefer to use the Bar Ilan program and similar programs, as they are extremely helpful, especially for locating sources. This article was written before the waves of hard drives from Otzar Hachochma, Otzar Haposkim, Otzros Hatorah, and Hebrewbooks.org which are also important to use.

Another important article was written by Rabbi Mordechai Honig. This article is a continuation of an article from Professor Simcha Emanuel, available here, about the great necessity of an updated version of the sefer Sarei Haelef from Rabbi Menahem M. Kasher. The last updated print edition of the Sarei Haelef was in 1979 and much has been printed since then. Emanuel began to list in his article some of the updates and Hoenig gives another few hundred additions. The work is extremely important. Many times when one is working on a topic, one is curious to know if a work quoted by a Rishon was actually printed, or if there was any historical information about the Rishon. One can turn to this reference. But, as both Emanuel and Hoenig show, Sarei Haelef really requires an comprehensive update.

Included in this journal is an article from Rav Yitzchak Shilat dealing with one of his pet projects, the reprinting of the Perush HaMishnah of the Rambam. There is also an article describing the important project of Halacha Berurah based on R. Kook.

One of the articles which seems to be completely out of place of the spirit of this journal is written by R. Yehuda Liba ben Dovid. This author has written many excellent articles in different Torah journals, some of which he collected and printed in a very interesting sefer called Shevet Mi’Yehuda. Reprinted here is an article that was printed many times before, which is his macha’a (objection) on the way many frum authors write their works. His first problem is on two works printed from Machon Ofek, one called the Teshuvos Hagaonim Hachadashos by Prof. Simcha Emanuel and another called Teshuvos R’ Naturnai Gaon by Professor Robert Brody. His main complaint is that both of these works use Christian, Greek, Karai and Maskilic sources. He says that there’s no reason for a frum work to quote any of these works today. He writes that there is a reason why these works aren’t found in the local beis medrash or yeshiva library. Another example he gives is Ahavat Shalom reprinted a work on minhagim called Kesser Shem Tov from Shem Tov Gagen. This author also brings quote in his work from Christians, Karaim, and Reform Jews. Again, R. ben Dovid writes that he doesn’t understand how a respected publishing house could reprint this work. He goes on to list some other examples and complaints.

In my humble opinion I beg to differ on this point. The basic problem with R. ben Dovid’s article is that what he is suggesting runs directly counter to a significant portion of Beis Havaad and general common sense. As the Rambam teaches: Halomed Mikol Adam. Even if the sources aren’t religious or Jewish at all, if they have a good point, they may be quoted. Granted, this approach has been debated throughout the generations by many. In litvish circles, most notably, R. Yosef Zecharia Stern held that one may quote all sources as long as one realizes who he is quoting. Today in the field of Jewish academics and printing new seforim, there’s much to be learned from the way scholars, even non-Jewish ones, have presented their works, and sometimes they might have good point or two that’s beneficial for the work at hand. For example, if one is working on medical halakhic questions, he can’t just rely on the words of the poskim, but he must be familiar with updated studies in the scholarly world of medicine and to be at least aware of what they write about the various medical conditions before he reaches his conclusions. Knowledge of history is also very important especially in learning halakha as one needs to know who learnt by whom and who was born first, all of which plays a great role in deciding halakha. It is quite obvious to all that the Chida in his classic work Shem Hagedolim was not wasting his time when he wrote it.

There are many other examples of why this is important. For another example, see the excellent Haskamah of R. Shlomo Cohen to the Otzar Haseforim [a bibliography of Hebrew books] by Ben Yakov a Maskil – yes, a maskil – how, according to R. Yehudah, could he give a haskamah to such a work. So to in printing these works of Gaonim, Rishonim and even Achronim many times it is very helpful to be aware of history of the time in order to understand there words. Many times statements of the Geonim it has been proven how many things they wrote were specifically against the Karaim (there are numerous examples of this). Of course, no one is suggesting to pasken based on these Karaim or Christian sources, but it just helps one understand the specific words of the Gaonim and Rishonim. Great people had no problem using works that quoted such sources just to list a few: R. Mordechai Gifter, R. Shlomo Zalman Auerbach, R. Shlomo Yosef Zevin, R. Yechiel Yaakov Weinberg and R. Reuven Margoliyot all quote Prof. Saul Leiberman in their writings, as they did not seem to be bothered by R. ben Dovid’s concern. (many others have hid it see Marc B. Shapiro, Saul Lieberman and the Orthodox).

Another example is when Professor A. Sofer, who also taught at JTS, passed away late at night. R. Shlomo Zalman Auerbach, who was a good friend of his, was feeling very weak than yet he made it his business to attend the funeral as a hakarat hatov for all R. Sofer’s work on the Meiri’s writings. (See Yeshurun, vol. 15, p. 501). When one works on minhagim it’s very helpful to be familiar with the history of the time in order to understand the development of certain things as Professor Daniel Sperber ably demonstrates time and time again in his now-eight-volume set of Minhagei Yisrael. Recently an excellent work on minhaghim came out from the ultra-Orthodox — as opposed to academic — circles called Mihnaghei Hakehilos by R. Yehiel Goldhaber. R. Goldhaber also uses such sources and he has received many haskamot from various gedolim. In sum it is important to use all available sources to understand what ever topic one is working on.

Of course, there is the very important point to all this which Professor Lieberman said many times, that the most important thing is to learn real Torah. All of these things are helpful but only a tafal to the learning. All of Professor Lieberman’s excellent writings on Greek in Jewish Palestine were on the side his main learning goals was to complete his works on the Tosefta and Yerushalmi.

In all, Beis Havaad, is an extremely important collection of articles on the topic of seforim in general.




Nachmanides Introduced the Notion that Targum Onkelos Contains Derash

Nachmanides Introduced the Notion that Targum Onkelos Contains Derash

By Israel
Drazin

People today read Targum
Onkelos
and search it for derash, halakhah, and homiletical
teachings. The following will show that the rabbis in the Talmuds and Midrashim
and the Bible commentators who used the Targum before the thirteenth
century recognized that the Aramaic translation only contains the Torah’s peshat,
its plain meaning, and not sermonic material. It will survey how the
pre-thirteenth century rabbis and scholars used Onkelos and how
Nachmanides changed the way the Targum was understood. It was only after
this Nachmanides change that other interpreters of Onkelos read derash
into this Targum. The article also introduces the reader to Onkelos
and explains why the Talmudic rabbis required that it be read and why many
Jews failed to observe this rabbinic requirement.
The Law
The Babylonian
Talmud and the later Jewish codes mandate that Jews read the Torah portion
weekly, twice in the original Hebrew and once in Targum Onkelos.[1]
Moses Maimonides and Josef Karo, whose law codes are regarded in many
circles as binding, felt that it is vital to understand the Bible text through
the eyes of its rabbinically accepted translation Targum Onkelos, and
many authorities agree that no other translation will do.[2]
This raises some questions.
What
is Targum Onkelos?
The word Targum
means “translation,” thus Targum Onkelos means a translation by Onkelos.
Targum Onkelos is a translation of the five books of Moses, from the
Hebrew into Aramaic. The rabbis placed their imprimatur upon Targum Onkelos[3]
and considered it the official translation. Although there are other
Aramaic translations[4]
and ancient Greek ones,[5]
and latter translations into other languages, Targum Onkelos is the most
literal. Yet despite being extremely literal, it contains over 10,000
differences from the original Hebrew text.[6]
The
Significance of Onkelos
Onkelos was
extolled by all the Bible commentaries. Rashi states that the Onkelos
translation was revealed at Mt. Sinai.[7] Tosaphot[8]
made a similar statement and contends that there are places in the Torah that
simply cannot be understood without the Onkelos translation.
Some people
consider these comments as hyperbolic or metaphoric – that the authors meant
that Onkelos is so significant that it is as if it were a divine gift
handed to Moses at Sinai. But whether literal or metaphoric, it is clear that these
sages are expressing a reverence for Onkelos not accorded to any other
book in Jewish history, a reverence approaching the respect they gave to the
Torah itself. This veneration continued and is reflected in the fact that for
many centuries every printed edition of the Pentateuch contained an Onkelos
text that was generally given the preferential placement adjacent to the Torah.
Why
did the rabbis require Jews to read Targum Onkelos?
It is significant
that the Talmudic dictum was written when there were many important exegetical
rabbinical collections, the Talmuds, Genesis Rabbah, Mekhilta,
Sifra,
and Sifrei, among others. Remarkably, the rabbis did not
require Jews to read these books, filled with interesting derash,
explanations written by the rabbis themselves. They only mandated the reading
of Onkelos when reviewing the weekly Torah portion.
Furthermore,
by the time the Shulchan Arukh was composed in the sixteenth century and
the Talmudic law was stated in it, most of the classical medieval biblical
commentaries, which included derash, were already in circulation. While
Joseph Karo, its author, suggests that one could study Rashi on a weekly basis
in place of the Targum, he quickly adds that those who have “reverence
for God” will study both Rashi and Onkelos. The explanation offered by
TAZ, a commentary on the Shulchan Arukh, is that while Rashi enables the
student to read the Bible and gain access to Talmudic and Oral Law insights, Onkelos
is still indispensable for understanding the text itself.
Thus, the
rabbis, who composed books containing midrashic interpretations, felt that it
was so important for Jews to know the plain meaning of the Torah that they
mandated that Jews read Targum Onkelos every week.[9] When
did people stop seeing that Onkelos contains the Torah’s plain meaning
and read derash into the wording of the Targum?
The Earliest Understanding of Targum Onkelos
There was no
problem understanding the intent of Targum Onkelos until the
thirteenth century, close to a millennium after it was composed. At that time,
Nachmanides was the first commentator to introduce the concept that people
should read Onkelos to find deeper meaning, meaning that went beyond the
plain sense of the text. These included mystical lessons, what Nachmanides
called derekh haemet, the true way.
The conclusion that Onkelos contains only the simple meaning of
the Torah is supported by an examination of how the ancients, living before the
thirteenth century, consistently and without exception, used Onkelos only
for its peshat. Although many of these Bible commentators were
interested in and devoted to the derash that could be derived from
biblical verses, and although they were constantly using Onkelos for its
peshat, they never employed the Targum to find derash or
to support their conclusion that the verse they were discussing contained derash.
This situation changed when for the first time Nachmanides mined the Targum to
uncover derash.[10]
Nachmanides used Onkelos to support his interpretation of the Torah.
This is significant since many of these
rabbinical commentators were far more interested in derash than in peshat.
If they felt that Onkelos contained derash, they would have
used this translation, which they extolled, as Nachmanides later did, to
support their midrashic interpretations of the Torah. The following are the
ancient sources.
Midrashim and Talmuds
The first
references to a Targum are in the Midrashim and the Babylonian Talmud. A
Targum is mentioned 17 times in the Midrashim[11]
and 18 times in the Babylonian Talmud.[12]
Each of the 35 quotes is an attempt to search the Targum for the meaning
of a word. Although these sources were inclined to midrashic explanations, they
never tried to draw midrashic interpretations from the Targum. Thus, the
Midrashim and the Babylonian Talmud understood that the Targum is a
translation and not a source for derash.
Die Masorah Zum Targum
Onkelos
A volume of
targumic traditions collected in Die Masorah Zum Targum Onkelos is said
to have been composed in the third century but was most likely written a couple
of centuries later,[13]
after the Talmuds. It also has no suggestion that Onkelos contains derash.
The book attempts to describe the Targum completely, but contains only
translational traditions about Onkelos. If the author(s) believed that Onkelos
has derash, he/they would have included traditions about it.
Saadiah Gaon
The works of
Saadiah Gaon, born in 882 C.E., also contain no indication that Onkelos has
derash.
Saadiah composed a translation of the Bible into Arabic and used Targum
Onkelos
extensively to discover the plain meaning of words. He never even
hinted that his predecessor’s work contains derash.[14]
This is significant since Saadiah emphasized the Torah’s plain meaning and
used Onkelos frequently in his Arabic translation.[15]
He quotes Onkelos on every page without attribution. His uses Onkelos
as a translation so extensively that if readers have difficulty
understanding Onkelos, they can look at the Saadiah translation and be
able to see what the targumist is saying.
Menachem ibn Saruq
Menachem ibn
Saruq, a tenth century Spanish lexicographer, was explicit on the subject. He
called Onkelos a ptr, a translation.[16]
Samuel ben Hofni Gaon
Samuel Ben Hofni Gaon headed the
Babylonian Academy at Sura in Babylonia during the years 997-1013 and wrote a
biblical commentary. He refers to Targum Onkelos on several occasions,[17]
uses the Targum to understand the meaning of words, and always treats it
as a literal translation without derash.
Rashi
No biblical commentator relied
more on Onkelos than Rabbi Shlomo Yitzchaki, better known as Rashi, born
in 1040. He extols Onkelos, as stated above, mentions the targumist by
name hundreds of times,[18]
and incorporates the targumic interpretation without attribution in hundreds of
other comments. He has a non-rigid blend of peshat and derash in
his commentary,[19] and
frequently quotes the Talmuds and Midrashim as the origin of his derash.
He never uses Onkelos as a source for his derash or treats the Targum
other than as a translation. It should be obvious that since Rashi relied on Onkelos,
whom he considered holy, for peshat, if he saw derash in the Targum
he would have said so.
Rashbam
Rashi’s grandson Samuel ben Meir
(also known as Rashbam, about 1085 – 1174) wrote his Bible commentary in large
measure to liberate people from derash and to show his disagreement with
Rashi’s frequent use of derash.[20]
He seldom mentions his sources, but draws from Onkelos with respect,
usually by name. In Genesis, for example, where Rashi is only named in
37:2, Onkelos is quoted in 21:16, 25:28, 26:26, 28:2, 40:11, and 41:45.
In Deuteronomy, to cite another example, Onkelos is mentioned in
4:28, 16:2, 16:9, 17:18, and 23:13. While he criticizes his grandfather with
and without attribution for his use of derash,[21]
and occasionally disagrees with Onkelos, he never rebukes the targumist
for using derash.[22]
Like his predecessors, he saw no derash in Targum Onkelos.
Abraham ibn Ezra
Abraham ibn Ezra (1089 -1164),
like Rashbam, was determined to distance himself from derash and
establish the literal meaning of the biblical text in his Bible commentaries,
as he states in his two introductions. He uses Onkelos frequently as a
translation, and only as a translation, to prove the meaning of words.
Ibn Ezra was the first to note
some few isolated instances of derash in the Targum. This first
observation of derash in Onkelos, I believe, is because derash
did not exist in the original Targum text.[23]
Various over-zealous well-meaning scribes embedded it at a later period,
probably around the time that Ibn Ezra discovered it. Ibn Ezra recognizes that Onkelos
purpose is to offer peshat because he states that the targumist is
following his (ibn Ezra’s) own method, the “straight (or right) way” of peshat
to interpret the Hebrew according to grammatical rules.[24]
Maimonides
Shortly
thereafter, Maimonides, born in 1138, supported part of his rationalistic
philosophy by using Onkelos. Maimonides recognized that the targumist
deviated frequently from a literal rendering of the biblical text to remove
anthropomorphism and anthropopathisms to avoid portraying God in a human
fashion, for this is “a fundamental element in our faith, and the comprehension
of which is not easy for the common people.”[25]
Maimonides never uses Onkelos for derash. 

Joseph Bechor Schor
Joseph Bechor Schor (born around 1140) adopted the literal methodology of Rashbam.[26] However, he is not as consistent as Rashbam. He inserts homiletical comments along with those that are literal. He mentions Rashbam only twice by name but quotes Onkelos dozens of times to support his own definition of a word when his interpretation is literal. Although he used Onkelos and derash, he never states or even suggests that Onkelos contains derash [27] and never uses Onkelos to support his homiletical remarks.

Radak
David Kimchi
(known as Radak, about 1160 – 1235) wrote biblical commentaries using the
text’s plain sense in contrast to the homiletical elaborations that were
prevalent during his lifetime. He followed the methodology of ibn Ezra and
stressed philological analysis. He refers to Onkelos frequently and
always treats the Targum as a translation. He, like ibn Ezra,
occasionally inserted homiletical interpretations into his commentary from
midrashic legends to add zest and delight readers, but he never used Onkelos
for this purpose.

Conclusion from Reading the Ancient
Commentators

The consistent
history of all the commentators using Onkelos only for the plain
meaning of the Torah and never mentioning seeing derash in the Targum
is quite persuasive that no derash was in the original Onkelos
text. If any of the commentators who lived before the mid-thirteenth
century believed that Targum Onkelos contained derash, especially
those who delighted in or who were concerned with derash, they would
have said so. None but ibn Ezra did, and he called attention to only a very
small number of probably recent unauthorized insertions.
Where, then, did the derash
that many people today think that they see in Targum Onkelos come from?
First of all, I am convinced that most of the targumic readings that
individuals read as derash were really intended by the targumist as peshat,
the text’s simple meaning; people differ is what they see. Second, Ch. Heller
has shown us many examples where most, if not all, of the presently found derash
did not exist in the original Targum text.[28]
His findings are supported by the previously mentioned history showing that ibn
Ezra was the first to observe any derash at all in our Targum.
Nachmanides was the first Bible commentator to read derash into Onkelos
Nachmanides was
influenced by kabala, Jewish mysticism. He equated kabala with truth[29]
and felt[30] that
since Torah is truth, it must contain kabala. He stated that no one can attain
knowledge of the Torah, or truth, by his own reasoning. A person must listen to
a kabalist who received the truth from another kabalist, generation after
generation, back to Moses who heard the kabalistic teaching from God.[31]
He decided to disseminate this truth, or at least hint of its existence, and
was the first to introduce mystic teachings of the Torah into a biblical
commentary.[32]

He extended his
exegetical methodology into his interpretations of our Targum.[33]
He felt this was appropriate. Onkelos, he erroneously believed, “lived
in the age of the philosophers immediately after Aristotle,” and like the
philosopher was so interested in esoteric teachings that, though born a high
placed Roman non-Jew, he converted to Judaism to learn Torah and later teach
its secret lessons through his biblical translation.[34]
Examples of Nachmanides’
problematical interpretations of Onkelos
In a detailed separate study,
which is still in draft, I studied all the instances where Nachmanides interprets
Onkelos. I found that Nachmanides mentions Targum Onkelos in his Commentary
to the Pentateuch
while analyzing 230 verses. Most of his attempts to
see the targumist teaching homiletical lessons and mysticism seem forced. He
reads more into the Aramaic than the words themselves state.
There are 129 puzzling
interpretations of Onkelos in these 230 verses. This represents about 56
percent of the total 230. However, 55 of the 230 Nachmanidean comments are only
references to the Targum without any analysis. When these 55 comments
are subtracted from the total of 230, we are left with 175 times that
Nachmanides analyzes the Targum. The 129 problematical interpretations
represent about 75 percent of the 175 times that the sage discusses Onkelos and
uses it to support his interpretation of the biblical verse. The following are
seven examples.

1. Genesis 1:31 states: “And
God saw everything that He made, and, behold, it was very good (Torah: tov
meod
Onkelos: takin lachada).

This verse
describes the results of the sixth day of creation as “very good.” The Onkelos
translator, who prefers to clarify ambiguous biblical phrases with more
specificity (good is which way), renders it “well established,” implying that
the world was established firmly. He may have recalled Psalms 93:1, “the
world also is established that it can not be moved” and Psalms 96:10,
“the world also shall be established that it shall not be moved.”
Nachmanides
reads into the Onkelos words “well established” than the targumist is teaching
that creation contains evil, “the order (of the world) was very properly
arranged that evil is needed to preserve what is good.”[35]
This interpretation is a good homily, but is not the plain meaning of the
verse. It is problematical because “well established” does not suggest “containing
evil,” nor does it imply that evil is necessary to preserve what is good.
2. After creating man,
God, according to Genesis 2:7, “breathed into his nostrils the breath of
life, and man became a living being.” The bible uses nefesh for “breath”
and “being.” In later Hebrew, nefesh came to mean “soul,” a meaning it
did not have in the Pentateuch. Since the Hebrew “breath of life” does not
indicate how humans excel other creations, Onkelos alters the text and
clarifies that “man acquired the power of speech,” ruach memalela
(literally, “speaking breath”). Thus humans transcend animals by their
intelligence in general and their ability to speak, communicate, and reason in
particular. This is the Aristotelian concept, accepted by Moses Maimonides
(1138-1204), that the essence of a human is intelligence and people have a duty
to develop that intelligence.[36]

Nachmanides, the mystic, disagreed
with Maimonides, the rationalist, and interprets the biblical nefesh
anachronistically as “soul.” The Hebrew verse, he declares, alludes to the
superiority of the soul that is composed of three forces: growth, movement, and
rationality.[37] Onkelos,
he maintains, is reflecting this concept of the tri-partite soul and that the
rational soul that God breathed into man’s nostrils became a speaking soul. How
the two Aramaic words, literally meaning “speaking breath,” suggests this
elaborate tri-partite theology is problematical. Again, Nachmanides seemingly
desired to have Onkelos, which he admired, reflect his own idea even
though what he reads into the Targum is not its plain meaning.

3. Genesis 4:1 states that
when Eve gave birth to Cain, she exclaimed, “I have acquired a man with the
Lord.” Since this statement has an anthropomorphic sound, suggesting physical
help from God, our Targum adds qadam, “before (the Lord),”
thereby supplanting, or at least softening this implication of physical aid by
distancing God from the birth.

The term qadam
was inserted in Onkelos in verse 4, and in seventy other instances in Genesis
for the same reason as well as 585 additional times in the other volumes of Targum
Onkelos
to the Pentateuch.[38]
Nachmanides ignores the targumist’s frequent use of qadam to avoid
anthropomorphism[39] and its
plain meaning. He states that the correct interpretation of the biblical Hebrew
is that Eve said: “This son will be an acquisition from God for me, for when we
die he will exist in our place to worship his creator.” Nachmanides assures us
that this is Onkelos’ opinion as proven by the addition of the word qadam.
Thus, Nachmanides drew a conclusion from the Targum’s single word, a
word that is used over five hundred times for an entirely different purpose and
which cannot, by itself, connote and support his interpretation. Furthermore, qadam
does not have this meaning in the hundreds of other instances where it
appears.
4. In Genesis 17:17, Onkelos
changes a significant detail in the Aramaic translation. Abraham does not
“laugh” (Hebrew, vayitzchak) when he hears he will have a child in his
old age, but “rejoices” (Aramaic, vachadi). This alteration is not made
in 18:12 where Sarah “laughed” when she heard the same news. Rashi explains
that the couple reacted differently. Abraham trusted God and rejoiced at the
good news, while Sarah lacked trust and sneered; therefore God chastised her in
18:13.

Nachmanides
states that Onkelos’ rendering in 17:17 is correct because the word tzachak
also means “rejoice,” and Abraham and Sarah’s reactions, he contends, were the
same, proper “rejoicing.”
Actually, as
defined by ibn Shoshan and others, tzachak is an outward expression, a
“laugh,” and not an inner feeling of contentment. Bachya ben Asher mentions the
Aramaic rendering, but he does not mention Nachmanides. He recognizes, contrary
to Nachmanides, that tzachak does not mean “rejoice,” but “laugh.” He
states that the targumist made the change to “rejoices” because in the context
in which the word appears here it should be understood as an expression of joy.
This example, while not expressing a theology, as in the first three instances,
also shows Nachmanides insisting by a forced interpretation that the targumist
is understanding the Torah as he does.
5. Onkelos
replaces the Torah’s “Is anything too wondrous for the Lord,” in Genesis
18:14, with “Is anything hidden from before the Lord.” The Hebrew “wondrous” is
somewhat vague and is seemingly not exactly on point with the tale of Sarah’s
laughter. The Aramaic explains the text and relates that Sarah’s laughter,
mentioned in the prior verse, although it was not done openly, was not “hidden”
from God. This is also the interpretation of Saadiah, Rashi, Chazkunee, ibn
Ezra, Radak, etc. Thus, in short, all that the targumist is doing is clarifying
the text, a task he performs over a thousand times in his translation.
However,
Nachmanides states that Onkelos uses “hidden” in the translation to teach a
mystical lesson. Nachmanides, as generally happens, does not explain the
lesson, but the explanation is in Bachya ben Asher and Recanati. Bachya writes
that God added the letter hay to Abram’s name, turning it into Abraham,
and “the letter hay alludes to God’s transcendental powers”; thus God
gave Abraham the power to have a son. Abraham, he continues, exemplified the
divine attribute of mercy and Isaac the divine attribute of justice, and now
both attributes would exist on earth. It is difficult if not impossible to read
this Nachmanidean mystical interpretation of Onkelos into the word
“hidden.”[40]
6. Genesis
21:7 quotes Sarah’s excited exclamation of joy:[41]
“Who (meaning which person) would have said to Abraham” that I would give birth
at the advanced age of ninety. The Targum renders her statement as a
thankful praise of God:  “Faithful is He
who said to Abraham,” and avoids the risk of the general population reading the
translation and misunderstanding Sarah’s reaction as one of surprise, for she
should not have been surprised. God had assured Abraham that he would have a
son a year previously.[42]
Thus, by making the change, the Targum shows that she is not only not
surprised, but is thankful that God fulfilled His prior promise.
Nachmanides
interprets the Torah’s “Who would have said to Abraham” to mean that everyone
will join Abraham and Sarah and rejoice with them over Isaac’s birth because it
is such a “surprise”; the possibility of the birth would never have occurred to
anyone. He writes that Onkelos’ rendition is “close” to his
interpretation of a community celebration. Actually as we stated, Onkelos
“Faithful is He who said to Abraham” is quite the opposite. Rather than
focusing on the people and the unexpected event, the targumist deviated from the
Hebrew text to avoid depicting Sarah being surprised. His Aramaic version
concentrates on God, not the community, and how the divine promise was
fulfilled.
7. Genesis
22:2 recounts God commanding Abraham to take his son Isaac to “the land of
Moriah” and offer him there as a sacrifice. Mount Moriah was traditionally
understood to be the later place of the Jerusalem Temple[43]
and the targumist therefore renders “Mount Moriah” as “the land of worship” to
help identify the area for his readers. This is a typical targumic methodology;
the Targum changes the name of places mentioned in the Bible and gives
its later known name.[44]
Nachmanides
contends that Onkelos is referring to a midrashic teaching that was
recorded years after the targumist’s death in Pirkei d’R. Eliezer:[45]
God pointed to the site and told Abraham that this is the place where Adam,
Cain, Abel, and Noah sacrificed, and the site was named Moriah because Moriah
is derived from the word mora, “fear,” for the people feared God there
and worshipped Him.
There are
several problems with Nachmanides’ analysis. First, as we already pointed out,
our targumist frequently updates the name of a site to help his readers
identify its location[46]
and this is a reasonable consistent explanation of the targumic rendering.
Second, the words “land of worship” do not suggest the elaborate midrashic
story that is not recorded until long after the death of the targumist. Third,
the story is a legend; there is nothing in any text to indicate that God had
such a conversation with Abraham or that the ancestors sacrificed in this area;
and it is contrary to the targumist’s style to incorporate legends into his
translation.
Summary
Thus,
if the Bible commentators before Nachmanides saw derash in Onkelos
we would have expected them to say so, but none did until Abraham ibn Ezra and
he was probably referring either to recent scribal additions to the original Targum
or he was expressing his opinion that his view of peshat on certain
verses differed with those of the targumist. Nachmanides was the first to read derash
and mysticism into the Targum just as he was the first to read
mysticism into the Torah itself. We offered some examples that show the
difficulties of his methodology.

Nachmanides’
introduction of the notion that Onkelos contains mysticism may be the
reason why rabbis,[47]
who respected Nachmanides’ teachings, began for the first time to search the Targum
for derash.
Dr. Israel
Drazin is the author of thirty-three books, including twelve on Targum Onkelos.
His website is
www.booksnthoughts.com.
This article appeared previously on
www.oqimta.org.il.

[1] Babylonian Talmud, Berakhot 8a, b, Maimonides’
Mishneh Torah, Laws of Prayer 13:25, and Shulchan Arukh, Orach Chayim,
The Laws of Shabbat 285, 1. The requirement is not in the Jerusalem Talmud
because Targum Onkelos did not exist when this Talmud was composed. See
I. Drazin, Journal of Jewish Studies, volume 50, 1999, pages 246-258,
where I date Onkelos to the late fourth century, based on the
targumist’s consistent use of late fourth century Midrashim.
[2] Although some authorities, such as the Shulchan
Arukh
, discussed below, say that a person can fulfill the rabbinic
obligation by reading Rashi.
[3] Babylonian Talmud, Megillah 3a.
[4] The two other complete Jewish Aramaic translations
are Targum Pseudo-Jonathan and Targum Neophyti.
[5] The Septuagint, composed about 250 BCE, and the
translation by Aquila, composed about 130 CE.
[6] There are many reasons for the targumic changes, such
as to clarify passages, to protect God’s honor, to show respect for Israelite
ancestors, etc. These alterations were not made to teach derash, as will
be shown below. The differences between peshat and derash is a
complex subject. Simply stated, peshat is the plain or simple or obvious
meaning of a text. Derash is the reading of a passage with either a
conscious or unconscious intent to derive something from it, usually a teaching
or ruling applicable to the needs or sensibilities of the later day, something
the original writer may have never meant.
[7] S.v, m’charef, Babylonian Talmud,  Kiddushin 49a.
[8] S.v. shnayim, Babylonian Talmud, Berakhot
8a, b.
[9] They may have also been implying that one cannot understand
their derash unless they first understood the Torah’s peshat.
[10] Our view that Onkelos was written without derash
is also supported by the following interpretation of the Babylonian Talmud,
Megillah 3a. The Talmud recalls a
tradition that the world shuttered when Targum Jonathan to the Prophets
was written. Why, the Talmud asks, did this not occur when Targum Onkelos was
composed? Because, it answers, Onkelos reveals nothing (that is, it
contains no derash), whereas Targum Jonathan reveals secrets (by
means of its derash).
[11] See M. M. Kasher, Torah Shelemah 24
(Jerusalem, 1974), pages 225-238, and J. Reifman, Sedeh Aram (Berlin,
1875), pages 12-14. The mention of a Targum in the Midrashim and Talmuds
are not necessarily references to Onkelos; the wording in these sources
and Onkelos frequently differ.
[12] See Kasher, supra pages 155-161 and Reifman, supra,
pages 8-10.
[13] See edition by A. Berliner (Leipzig, 1877). See I.
Drazin, JJS 50.2, supra, and note 15, for a summary of the
scholarly comments on this volume.
[14] See my study of Saadiah Gaon and Onkelos in
the introduction to Onkelos on the Torah: Leviticus, pages xvii-xxii.
[15] Perushei Rav Saadiah Gaon, in Torat Chaim,
Mossad Harav Kook, Jerusalem, 1986, and Daf-Chen Press, Jerusalem, 1984. The
uses of Onkelos are indexed in Genesis in the 1984 volume on page
471. See E. I. J. Rosenthal, “the Study of the Bible in medieval Judaism,” Studia
Semitica
, Cambridge, 1971, pages 244-271, especially pages 248 and 249
regarding Saadiah.
    Saadiah established Hebrew
philology as a prerequisite for the study of the literal sense of the Bible and
he used rabbinic interpretations in his translation only when it complied with
reason. He stated at the end of his introduction to the Pentateuch that his
work is a “simple, explanatory translation of the text of the Torah, written
with the knowledge of reason and tradition.” He, along with ibn Ezra and
Onkelos
, as we will see, included another meaning only when the literal
sense of the biblical text ran counter to reason or tradition. His failure to
mention that Onkelos contains derash does not prove indisputably
that he saw no derash in the commentary. However, since he copied Onkelos
interpretations so very frequently in his Arabic translation, it is likely that
if he saw derash in Onkelos he would have mentioned it.
[16] In his Sefer Machberet Menahem (H. Filipowski,
editor), London and Edinburgh, 1854, pages 14a, 16b 17a, 17b, 20a, and others.
[17] Peirush Hatorah L’Rav Shmuel ben Hofni Gaon,
Mossad Harav Kook, Jerusalem, 1978, index on page 111.
[18] See the listing in Perushei Rashi al Hatorah
by Charles B. Chavel, Mossad Harav Kook, Jerusalem, 1982, pages 628 and 629.
For Rashi’s struggle against derash, see, for example, his commentary to
Genesis 3:8. While Rashi believed he interpreted Scriptures according to
its peshat, ibn Ezra criticized him: “He expounded the Torah
homiletically believing such to be the literal meaning, whereas his books do
not contain it except once in a thousand (times),” Safah Berurah, editor
G. Lippmann, Furth, 1839, page 5a. See also S. Kamin, Rashi’s Exegetical
Categorization with Respect to the Distinction Between Peshat and Derash

(Doctorial Theses), Jerusalem, 1978; M. Banitt, Rashi, Interpreter of the
Biblical Letter
, Tel Aviv University, 1985; and Y. Rachman, Igeret Rashi,
Mizrachi, 1991.
[19] Rashi said that he was offering peshat. He
meant that his commentary frequently contains derash that seemed to him
to reflect the plain meaning of the Torah.
[20] M. I. Lockshin, Rabbi Samuel ben Meir’s Commentary
on Genesis
, Jewish Studies, The Edwin Mellen Press, 1989. See especially
Rashbam to Genesis 37:2 and 49:16 where he criticizes his grandfather
with strong language.
[21] Lockshin, supra, pages 391-399, notes that
Rashi’s Torah Commentary is the primary focus of Rashbam’s own commentary. Of
some 650 periscopes of interpretation in the latter’s commentary to Genesis,
only about 33 percent concern issues not relevant to Rashi. Of the remaining
two-thirds, in only about 18 percent does Rashbam feel Rashi is correct, and in
just over 48 percent he is in disagreement with him, consistently criticizing
him for substituting derash for peshat, exactly what Rashi
declared he would not do. With this sensitivity to and opposition to derash,
it is very telling that he did not sprinkle even one drop of his venom on the
targumist.
[22] See Genesis 25:28, for example, where Rashbam
issues the accolade: “the plain meaning of scripture is the one offered by the
Targum.” It is significant to note that although Rashbam railed against the
insertion of derash into a biblical commentary, his own commentary was
frequently adulterated, as was Targum Onkelos, by the improper
insertions of derash by later hands. See, for example, Deuteronomy
2:20, 3:23, 7:11, and 11:10 in A. I. Bromberg, Perush HaTorah leRashbam,
Tel Aviv, 5725, page 201, note 25; page 202, note 111; page 206, 7, note 9; and
page 210, note 3.
[23] Ch. Heller’s and D. Revel’s were also convinced that
the original text of Onkelos did not have derash. However, they
did not recognize that Nachmanides was the first commentator to argue the
opposite. The first is in A Critical Essay on the Palestinian Targum to the
Pentateuch
, NY, 1921, pages 32-57. The second is in Targum Yonatan al
Hatorah
, New York, 5685, page 5. See also Bernard Grossfeld in “Targum
Onkelos, Halakhah and the Halakhic Midrashim
,” in D.R.G. Beattie and M.
McNamara (editors), The Aramaic Bible , 1994,  pages 228-46.
[24] In his epigram preceding one of the recessions of his
commentary on the Pentateuch, ibn Ezra writes that he intends to mention by
name only those authors “whose opinion I consider correct.” He names Onkelos
frequently. In his commentary to Numbers, for example, the Targum is
cited in 11:5 where he gives another interpretation, but respectfully adds, “he
is also correct,” and in 11:22 he comments, “it means exactly what the Aramaic
targumist states.” See also 12:1; 21:14; 22:24; 23:3; 23:10; 24:23 and 25:4.
Asher Weiser, Ibn Ezra, Perushei Hatorah, Mossad Harav Kook, 1977.
    While he treats Onkelos
respectfully, ibn Ezra uses the strongly derogatory terms “deceivers” or
“liars,” for the derash-filled Targum Pseudo-Jonathan to Deuteronomy
24:6. See D. Revel, Targum Yonatan al Hatorah, New York, 5685, pages 1
and 2.   
[25] The “fundamental element” that Onkelos
addresses is the avoidance of a literal translation of most anthropomorphic and
anthropopathic phrases. See the listing in Moses Maimonides, The Guide of
the Perplexed
, translated and with an introduction by Shlomo Pines, The
University of Chicago Press, 1963, volume 2, pages 656 and 658, and 1:28 for
the quote.
    Maimonides based his
interpretation of negative commands 128 and 163 in part upon our Targum.
Maimonides, The Commandments, translated by Charles B. Chavel, The
Soncino Press, 1967, pages 116, 117 and 155, 156. This was not because Onkelos
deviated from the plain meaning to teach halakhah. Command 128 forbids
an apostate Israelite to eat the Passover offering. Onkelos translates
the biblical “no alien may eat thereof” as “no apostate Israelite” (Exodus
12:43). The targumist may have thought this was the necessary meaning because Exodus
12:45 and 48 state that a sojourner and an uncircumcised Israelite could not
eat this sacrifice; thus the earlier verse must be referring to someone else.
Command 163 prohibits a priest from entering the Sanctuary with disheveled,
untrimmed hair.  Maimonides notes that
Onkelos
translates Leviticus
10:6’s “Let not the hair of your heads go loose” as “grow long.” Again, the
targumist may have thought that this was the verse’s simple sense because it is
the language used by the Torah itself in Numbers 6:5 and because when
one loosens one’s hair it becomes longer. Indeed, Rashi states explicitly that
the peshat of “loose” in this instance is “long.”
[26] He is believed to have been a student of Rashbam’s
brother Rabbeinu Tam. See the source in the next note.
[27] J. Nebo, Perushei Rabbi Josef Bechor Schor al
Hatorah
, Mossad Harav Kook, 1994, page 11, Schor went beyond Targum
Onkelos
in his concern about biblical anthropomorphisms and his attempts to
whitewash the patriarchs.
[28] See note 23.
[29] Genesis 6:13, 18; 31:42; 33:20; 35:13; and
others.
[30] This could be seen as a kind of syllogism. Torah is
truth. Kabala is truth. Thus, Torah “must” contain Kabala.
[31] Ramban, Writings and Discourses, translated
and annotated by Charles B. Chavel, Shilo, 1978, page 174.
[32] Ramban, Commentary on the Torah, translated
and annotated by Charles B. Chavel, Shilo Publishing House, Inc., 1971, volume
1, XII. Chavel points out that the extensive kabalistic influences on future
generations can be traced to Nachmanides.
[33] This is my original idea. It is based on several
facts. First, we know that he was the first to read Kabala in the Torah words
and phrases. Second, we know that he had enormous respect for Onkelos;
he referred to Onkelos about 230 times in his Bible commentary; although
he criticized others, he treated Onkelos with great respect, even
reverence. He considered Onkelos to be generally expressing the
truth. Thus it is reasonable to assume that he applied the same syllogism to Onkelos
that he applied to the Torah. Finally, we know of no one before him who
read mysticism into the targumist’s words.
[34] Ramban, Writings and Discourses, supra, pages
75-76. Nachmanides’ error in dating Targum Onkelos “immediately after
Aristotle” was not his only historical mistake. He believed that the Talmud’s
implied dating of Jesus at about 100 years before the Common Era was correct. See
Judaism on Trial
, editor H. Maccoby, Associated University Presses, Inc.,
1982, pages 28 and 29.       
[35] The Midrash Genesis Rabbah 9:5, which
is the source of this teaching, mentions “death” and 9:9 “the evil inclination
in man” as examples of seemingly bad things, which are good from a non-personal
world-wide perspective. Bachya ben Asher, the student of Nachmanides’ student
Rashba, who was also a mystic, mentions 9:9, but not the Targum. He did
not see this idea in Onkelos.
[36] Guide of the Perplexed 1:1. The Greek term psyche
had a similar developmental history as the Hebrew nefesh. T. Cahill, Sailing
the Wine-Dark Sea,
Doubleday, 2003, writes on page 231.
            Psyche
was, to begin with, a Greek word for “life,” in the sense of individual human
life, and occurs in Homer in such phrases as “to risk one’s life” and “to save
one’s life.” Homer also uses it of the ghosts of the underworld – the weak,
almost-not-there shades of those who once were men. In the works of the early
scientist-philosophers, psyche can refer to the ultimate substance, the
source of life and consciousness, the spirit of the universe. By the fifth
century B.C., psyche had come to mean the “conscious self,” the
“personality,” even the “emotional self,” and thence it quickly takes on,
especially in Plato, the meaning of “immortal self” – the soul, in contrast to
the body.
[37] Bachya ben Asher also mentions the parts of the soul,
but not the Targum, again not seeing Nachmanides’ idea in Onkelos.
[38] See the five books by I. Drazin on Targum Onkelos
published by Ktav Publishing House. Each contains a listing of the deviations
by the targumist from the Hebrew original.
[39] In my discussion of Genesis 46:4, I show that
Nachmanides was convinced that Onkelos never deviates to avoid
anthropomorphisms.
[40] Bachya mentions neither Nachmanides nor Onkelos,
again not seeing the Nachmanidean interpretation in the Targum.
[41] The “joy” is mentioned in the Targum to verse
6.
[42] Genesis 17:19.
[43] See II Chronicles 3:1.
[44] Rashi gives an additional reason why “Mount Moriah”
is rendered “the land of worship.” He connected “Moriah” to “myrrh,” which was
an ingredient of the sacrificial incense and an important part of the Temple
worship. Rashi states that this is the targumic interpretation. Rashi may be
explaining why the site was called Moriah, which would not be derash,
but the plain sense of the word. Nachmanides interpretation goes far beyond a
simple definition. See Genesis Rabbah 55:7, Exodus 30:23ff, and
Babylonian Talmud, Keritut 6a.
[45] Chapter 31.
[46] This occurs twenty-three times in Genesis
alone.
[47] There are many books that explain the derash that
they see in Onkelos. The most widely known is Netina Lager by
Nathan Adler (Wilna, 1886). Others include Biure Onkelos by S. B.
Schefftel (Munich, 1888), and Chalifot Semalot  and Lechem Vesimla by B. Z. J.
Berkowitz (Wilna, 1874 and 1843).  Modern
writers using this method include Y. Maori, who generally focuses on the Peshitta
Targum,
Rafael Posen who writes a weekly column for a magazine distributed
in Israeli synagogues. One can find listings in B. Grossfeld’s three volumes A
Bibliography of Targum Literature
, HUC Press, 1972.



 Rashi Devarim 26:17-18….. הֶאֱמַ֖רְתָּ and הֶאֱמִֽירְךָ֣

Rashi Devarim 26:17-18….. הֶאֱמַ֖רְתָּ and הֶאֱמִֽירְךָ֣

Eli Genauer

Rashi provides two explanations for a word in the Torah. Some scholars maintain that Rashi was not the source of the second explanation, rather it was derived from a “Taus Sofrim”. A close look at the manuscript witnesses reveals that the second explanation most likely did originate with Rashi. 

Devarim 26

17. אֶת־ה’ הֶאֱמַ֖רְתָּ הַיּ֑וֹם לִהְיוֹת֩ לְךָ֨ לֵֽאלֹֹֹֹֹקים וְלָלֶ֣כֶת בִּדְרָכָ֗יו וְלִשְׁמֹ֨ר חֻקָּ֧יו וּמִצְוֺתָ֛יו וּמִשְׁפָּטָ֖יו וְלִשְׁמֹ֥עַ בְּקֹלֽוֹ׃

 18. ה’ הֶאֱמִֽירְךָ֣ הַיּ֗וֹם לִהְי֥וֹת לוֹ֙ לְעַ֣ם סְגֻלָּ֔ה כַּאֲשֶׁ֖ר דִּבֶּר־לָ֑ךְ וְלִשְׁמֹ֖ר כָּל־מִצְוֺתָֽי

Rashi:

:האמרת … האמירך. אֵין לָהֶם עֵד מוֹכִיחַ בַּמִּקְרָא, וְלִי נִרְאֶה שֶׁהוּא לְשׁוֹן הַפְרָשָׁה וְהַבְדָּלָה — הִבְדַּלְתָּ לְךָ מֵאֱלֹהֵי הַנֵּכָר לִהְיוֹת לְךָ לֵאלֹהִים וְהוּא הִפְרִישְׁךָ אֵלָיו מֵעַמֵּי הָאָרֶץ לִהְיוֹת לוֹ לְעַם סְגֻלָּה, וּמָצָאתִי לָהֶם עֵד וְהוּא לְשׁוֹן תִּפְאֶרֶת כְּמוֹ (תהלים צ”ד) יִתְאַמְּרוּ כָּל פֹּעֲלֵי אָוֶן

האמרה, האמירך are words for the meaning of which there is no decisive proof in Scripture. It seems to me, however, that they are expressions denoting “separation” and “selection”: “You have singled Him out from all strange gods to be unto you as God — and He on His part, has singled you out from the nations on earth to be unto Him a select people”. And I have found a parallel (lit., a witness) to it where it bears the meaning “glory”, as in (Psalms 94:4): “All wrongdoers glory in themselves”. (Sefaria translation)

We are faced with the following issues

  1. First Rashi says that he cannot find a word in Tanach similar האמרת … האמירך אֵין לָהֶם עֵד מוֹכִיחַ בַּמִּקְרָא, and he is therefore compelled to give his own interpretation וְלִי נִרְאֶה
  2. Rashi then seems to do an about face and says that he actually did find a comparable word in Tanach וּמָצָאתִי לָהֶם עֵד. The Sefer Yosef Da’as terms this a Stirah.
  3. The textual witness that Rashi finds for האמירך is in Tehillim. On that word in Tehillim, Rashi gives an explanation and refers you to Ki Savo where he says the meaning is the same as his interpretation of וּמָצָאתִי לָהֶם עֵד . There is a similar situation with Rashi’s interpretation of that word in Chagigah 3a and on Berachos 6a. On the other hand, in Gittin 57a, we find Rashi explaining our Pasuk in Ki Savo the same as his וְלִי נִרְאֶה Pshat here. We need to understand the relationship between the Rashi in Devarim and the Rashi on Tehillim. We need to understand the various Gemaros that explain either the Pasuk in Tehillim or the Pasuk in Devarim. We also need to understand why Rashi did not use the interpretation of Onkelos for the words האמרת ,האמירך which is taken directly from the Gemara in Chagigah.
  4. When we look at the various manuscripts of Rashi on this Pasuk we find a wide diversity of texts. Both the Sefer Yosef Da’as (Prague 1609) and Wolf Heidenheim (Chumash Me’Or Eynayim 1821) say that the words starting from וּמָצָאתִי לָהֶם עֵד were not written by Rashi but were added later on by a student.[1] A study of the many Rashi manuscripts available today puts this conclusion into question

האמרת … האמירך. אֵין לָהֶם עֵד מוֹכִיחַ בַּמִּקְרָא, וְלִי נִרְאֶה שֶׁהוּא לְשׁוֹן הַפְרָשָׁה וְהַבְדָּלָה — הִבְדַּלְתָּ לְךָ מֵאֱלֹהֵי הַנֵּכָר לִהְיוֹת לְךָ לֵאלֹהִים וְהוּא הִפְרִישְׁךָ אֵלָיו מֵעַמֵּי הָאָרֶץ לִהְיוֹת לוֹ לְעַם סְגֻלָּה, וּמָצָאתִי לָהֶם עֵד וְהוּא לְשׁוֹן תִּפְאֶרֶת כְּמוֹ (תהלים צ”ד) “יִתְאַמְּרוּ כָּל פֹּעֲלֵי אָוֶן”

The above seems to be the standard text of this Rashi. We find evidence of this entire text including the words “וּמָצָאתִי לָהֶם עֵד” going back to Lisbon 1491, Venice 1524 and Sabionneta 1557:

Lisbon 1491

Venice 1524 ( and 1547)

Sabionetta 1557

Some “newer” Chumashim have the thought starting with וּמָצָאתִי לָהֶם עֵד in parentheses:

Amsterdam 1901-A.S Onderwijzer – (The Dutch translation of Rashi also has this portion in parentheses)

Chumash Torah Temimah- Vilna -1904

The Artscroll Stone Chumash has the words “דבר אחר” immediately preceding the word “וּמָצָאתִי” all in parentheses.

I have also seen it recorded with just the דבר אחר in parentheses. 

The Sefer Yosef Da’as (Cracow 1608) concludes that the words starting from וּמָצָאתִי לָהֶם עֵד were not written by Rashi[2] ״רק איזה תלמיד כּתבו על הגליון והמדפיס חשב שהם דברי רש״י״ 

                         

This is also the conclusion of Wolf Heidenheim:

Chumash Meor Einayim, Rödelheim : 1821 (ed. Wolf Heidenheim)

Heidenheim echoes the words of the Yosef Daas[3]:

What was the Original Girsa of Rashi?

Here is some background on the manuscript known as Leipzig 1. It was not available to Yosef Da’as, Wolf Heidenheim or later on, to A J. Berliner and to Artscroll Saperstein.

From Chachmei Tzarfat HaRishonim by Prof. Avraham Grossman.[4]

עמ’ 187 :כלי עזר חשוב לבירור הנוסח המקורי של פירוש רש”י לתורה הוא כתב-יד לייפציג  .פירוש רש”י לתורה שבכתב-יד זה הוא ככל הנראה הנוסח הקרוב ביותר על המקור שכתב רש”י, המצוי כיום בידינו, אף שגם בו יש השלמות מאוחרות ושיבוש העתקה. בשולי פירוש רש”י לתורה שבכתב-יד זה נרשמו הגהות רבות ערך של תלמידו ר’ שמעיה, ונידון בהן בפירוט בסקירת מפעלו של ר’ שמעיה

 עמ’ 188 :ר’ מכיר העיד פעמים הרבה שהחזיק בידיו את כתב היד של פירוש רש”י לתורה שבו כתב ר’ שמעיה בעצמו את הגהותיו

. עמ’ 191 :מדבריו של ר’ שמעיה עולה כי לא זו בלבד שרש”י בעצמו הכניס תקונים לפירושיו והגיהם, אלא שביקש גם ממנו לעשות כן

 “הגהות רבינו שמעיה ונוסח פירוש רש”י לתורה” –  תרביץ ס׳ (תשנ״א)

לדעתי ראוי [כ”י ליפזיג 1] להיחשב כמקור החשוב ביותר המצוי כיום בידינו וככלי העזר העיקרי לכל חקירה בשאלת הנוסח של פירוש רש”י לתורה”

This is how it is recorded in Leipzig 1. The order is reversed and Lashon Tiferet comes first followed by Lashon Havdalah. 

(The entire page.)

 .יז-יח האמרת, האמירך – לשון תפארת כמו יתאמרו כל פעלי און אין להם עד במקרא, ולי נר’ שהם לשון המשכה והבדלה הם, הבדלתו מאלקי הנכר להיות לך לאלקים, והוא הפרישך אליו מעמי הארץ להיות לך לעם סגולה 

We find that the interpretation that Rashi seems to give as an afterthought, is now the first interpretation.                                                                            

Berlin 1221- Has only לשון תפארת

                                                                  האמרת, האמירך – לשון תפארת כמו יתאמרו כל פעלי און 

On the other hand, Munich 5 has only Lashon Havdalah with no Lashon Tiferes – the complete opposite of Berlin 1221.

Because of its age (1194) another important manuscript is Oxford UCC 165 ( Neubauer 2440). It records the Rashi the same as Munich 5.

To summarize: Lepzig 1 has both comments with Lashon Tiferes first. Berlin 1221 has only Lashon Tiferes and Munich 5 and Oxford UCC 165 only have Lashon Havdalah.[5]

An analysis of other manuscripts by Al HaTorah yields the following, along with a possible approach to reconciling the textual variances. .

From Al Hatorah.org:

10 ה    10ה הדיון בהמשך של “אין להם עד… לעם סגולה” חסר בכ”י ברלין 1221, וינה 23, וינה 24 

בכ”י פרמא 181, מינכן 5, פריס 155, ברלין 1222, וטיקן 94, ליידן 1, המצב הפוך, וחסר “לשון תפארת כמו יתאמרו כל פעלי און” (בפרמא 181 הוא נוסף בגיליון אחר “לעם סגולה”, ובברלין 1222 הגיליון סומן לאחר “האמרת והאמירך” וכפי שהוא מופיע בטקסט בלייפציג 1). בכ”י ויימר 652 “מצאתי להם עד לשון תפארה יתאמרו כל פועלי און” מופיע בסוף הפירוש לאחר “לעם סגולה”, וכן באופן מקוטע בפריס 154. כ”י פריס 49 דומה לכ”י לייפציג. ועיין במחלוקתם של א’ טיוטו בתרביץ ס”א:א’ עמ’ 92-91 וא’ גרוסמן בתרביץ ס”א:ב’ עמ’ 308.
יש שתי דרכים שבהן ניתן להסביר ולשחזר את התהליך שאירע בפירוש רש”י כאן:
(א) הפירוש הראשון (“לשון תפארת”) הוא של רש”י עצמו, והפירוש השני (“לשון המשכה / הפרשה והבדלה”) הוא תוספת של ר”י קרא. אפשרות זו נתמכת ע”י כ”י מוסקבה 1628 – עיין דברינו על פירוש ר”י קרא לדב’ כ”ו:י”ז-י”ח.
(ב) שני הפירושים הסותרים נכתבו ע”י רש”י עצמו. הפירוש הראשון (“לשון תפארת”) הוא של רבותיו של רש”י, והפירוש השני (“לשון המשכה / הפרשה והבדלה”) הוא של רש”י עצמו. אפשר שכ”י פרנקפורט 19 תומך באפשרות זו. שם כתוב: “האמרת, האמירך – לשון תפארת כמ’ יתאמרו כל פועלי און וכמ’ בראש אמיר כך הורו מורים [אולי צ”ל “מורי”]. ואני אומ’ שאין להם עד במקום [צ”ל “במקרא”]. ולי נראה שהוא לשו’ הפרשה והבדלה, הבדלתו לך מאלהי הנכר להיות לך לאלהים, והוא הפרישך אליו להיות לו לעם סגולה.”

Analysis of Gemaros and of Rashi in Tehillim:

The first Pshat וְלִי נִרְאֶה in the standard Rashi is that the Jewish people have set aside Hashem to be there G-d (לְשׁוֹן הַפְרָשָׁה וְהַבְדָּלָה ) and He has set aside the Jewish people as His people. This is similar to the explanation Rashi gives for our Pasuk on Gittin 57b. The Gemara tells the story of the woman whose seven sons refused to bow down to an idol, each one quoting a Pasuk to back up his decision.  

‘אתיוהו לאידך אמרו ליה פלח לעבודת כוכבים אמר להו כתוב בתורה (דברים כו, יז) את ה’ האמרת וגו’ וה’ האמירך היום וגו

They then brought in yet another son, and said to him: Worship the idol. He said to them: ( I cannot do so,) as it is written in the Torah: “You have האמרת  Hashem this day to be your G-d…and Hashem has האמירך you this day to be a people for His own possession” (Deuteronomy 26:17–18)

Rashi explains   האמרת – ייחדת – set aside . This is very similar to the Lashon he uses in Ki Savo of הִבְדַּלְתָּ לְךָ מֵאֱלֹהֵי הַנֵּכָר לִהְיוֹת לְךָ לֵאלֹהִים

On the other hand, the Pasuk where he writes וּמָצָאתִי לָהֶם עֵד וְהוּא לְשׁוֹן תִּפְאֶרֶת כְּמוֹ 

 “יִתְאַמְּרוּ כָּל פֹּעֲלֵי אָוֶן”:, in Tehillim 94:4..there Rashi gives his second explanation to our words in Ki Savo

The thought expressed in Tehillim is how long will Hashem tolerate the fact that evildoers brag about their actions. It is clear that יִֽ֝תְאַמְּר֗וּ means “praise themselves”. 

עַד־מָתַ֖י רְשָׁעִ֥ים ׀ יְהוָ֑ה עַד־מָ֝תַ֗י רְשָׁעִ֥ים יַעֲלֹֽזוּ׃

How long shall the wicked, O LORD, how long shall the wicked exult,

יַבִּ֣יעוּ יְדַבְּר֣וּ עָתָ֑ק יִֽ֝תְאַמְּר֗וּ כָּל־פֹּ֥עֲלֵי אָֽוֶן׃

shall they utter insolent speech, shall all evildoers pride themselves?

Rashi in Tehillim  

יתאמרו. ישתבחו כמו (דברים כו) האמרת והאמירך

In Ki Savo, Rashi seems to say he can’t find a witness for this word  הֶאֱמַ֖רְתָּ in all of Mikra and then Rashi himself in Tehillim explains the word as meaning something very similar to לְשׁוֹן תִּפְאֶרֶת  and refers you to the Pesukim in Devarim. And in Tehillim, he gives a different explanation for the Pasuk in Ki Savo than he gives on Gittin 57b.

Chagigah 3a on the bottom of the page

עוד דרש (דברים כו, יז) “את ה’ האמרת היום”,” וה’ האמירך היום “אמר להם הקב”ה לישראל אתם עשיתוני חטיבה אחת בעולם ואני אעשה אתכם חטיבה אחת בעולם

Rashi comments

האמרת – שבחת כמו יתאמרו כל פועלי און (תהילים צ״ד:ד׳) ישתבחו, שדרכן צלחה:

Again we have the word יתאמרו or האמרת meaning something like לְשׁוֹן תִּפְאֶרֶת (שבחת ) and not לְשׁוֹן הַפְרָשָׁה וְהַבְדָּלָה

Rashi seems to be giving us a translation of the word האמרת as opposed to the Gemara’s Drasha on this word

However, Onkelos uses the word  חֲטַבְתָּin his translation of the word He’emircha

יָת הּ’ חֲטַבְתָּ יוֹמָא דֵין לְמֶהֱוֵי לָךְ לֶאֱלָק’ וְלִמְהַךְ בְּאָרְחָן דְּתָקְנָן קֳדָמוֹהִי וּלְמִטַּר קְיָמוֹהִי וּפִקּוּדוֹהִי וְדִינוֹהִי וּלְקַבָּלָא בְמֵימְרֵיהּ:

והּ’ חָטְבָךְ יוֹמָא דֵין לְמֶהֱוֵי לֵיהּ לְעַם חַבִּיב כְּמָא דִי מַלִּיל לָךְ וּלְמִטַּר כָּל פִּקּוּדוֹהִי:

חטיבה  is like in the words “Chotaiv Aitzecha.”

The word חטיבה is translated by Steinsaltz as a “single entity.”

This is Steinsaltz’s translation of the Gemara:

You have made Me a single entity in the world, (as you singled Me out as separate and unique). And (therefore) I will make you a single entity in the world, (as you will be a treasured nation, chosen by God.)

This is more in line with the idea of

לְשׁוֹן הַפְרָשָׁה וְהַבְדָּלָה — הִבְדַּלְתָּ לְךָ מֵאֱלֹהֵי הַנֵּכָר לִהְיוֹת לְךָ לֵאלֹהִים וְהוּא הִפְרִישְׁךָ אֵלָיו מֵעַמֵּי הָאָרֶץ לִהְיוֹת לוֹ לְעַם סְגֻלָּה

We have a similar outcome in Rashi in Berachos 6a where the Pasuk in Ki Savo is also quoted. There too Rashi explains the word האמיר in our Pasuk in Ki Savo as meaning praise.

ומי משתבח קודשא בריך הוא בשבחייהו דישראל אין דכתיב את ה׳ האמרת היום וכתיב וה׳ האמירך היום 

Is the Holy One, Blessed be He, glorified through the glory of Israel?  Yes as it is stated: “You have האמרת, this day, that the Lord is your God, And it states: “And the Lord has האמירך, this day,…(Deuteronomy 26:17–18).

Rashi comments on the word האמרת:

האמרת – לשון חשיבות ושבח כמו יתאמרו כל פועלי און (תהילים צ״ד:ד׳) ישתבחו

The Lubavitcher Rebbe summarizes some of the problems with the Rashi text as we have it, and adds another issue as to why Rashi didn’t explain the word as coming from the Shoresh “Omair” as Ibn Ezra did.


Likutei Sichos Chelek Tes – The Sicha is in Yiddish only – This is a summary in Hebrew:

קשה לפרש ש”האמרת” הוא לשון אמירה (כי האמירה אינה בכל יום), ו”אין להם עד מוכיח במקרא” שיכריח לפרש כן. אך “ומצאתי להם עד” שהוא לשון תפארת

ברש”י (כ”ו י”ז): “האמרת והאמירך: אין להם עד מוכיח במקרא. ולי נראה שהוא לשון הפרשה והבדלה, הבדלתו לך מאלוקי הנכר להיות לך לאלוקים והוא הפרישך אליו מעמי הארץ להיות לו לעם סגולה. ומצאתי להם עד והוא לשון תפארת כמו יתאמרו כל פועלי און”

.1 צריך להבין איך אומר בהתחלה ש”אין להם עד מוכיח”, הרי מיד אח”כ אומר “ומצאתי להם עד”? 

.2ומדוע אינו מפרש שהוא לשון אמירה – כמו שפירש ר’ יהודה הלוי והובא באבן עזרא – שאז יוצא שיש להם ריבוי מוכיחים במקרא

והביאור: רש”י מדגיש ש”אין להם עד מוכיח במקרא”, זאת אומרת שישנה קושי לפרש ש”האמרת” הוא לשון תפארת ואמירה, ורק אם היה להם עד מוכיח – שיכריח לפרש כן – הי’ מפרש כן. והקושי שישנו בפירוש אמירה הוא שהפסוקים “האמרת היום” “וה’ האמירך היום” באים בהמשך להפסוק “היום הזה ה’ אלוקיך מצוך” – שקאי על כל יום, וא”כ אי אפשר לפרש ש”האמרת” הוא לשון אמירה, כי רק כשהנהגת בנ”י הוא כראוי פועלים שה’ יאמר שהוא רוצה להיות להם לאלוקים, ורק כשהנהגת ה’ עם בנ”י הוא באופן ניסי, אומרים בנ”י שהם עם סגולה. ולכן מפרש רש”י “לשון הפרשה והבדלה”, דענין זה אינו תלוי בהנהגת בנ”י (דגם כשאינם עושים רצונו של מקום יודעים שה’ הוא אלוקיהם(

This is how this Pasuk is presented in the Artscroll Saperstein Rashi[7]:

The comments end (4.) with “Yosef Da’as concludes they were interpolated by someone other than Rashi” indicating that Rashi in Ki Savo does not include the concept of האמרת meaning לְשׁוֹן תִּפְאֶרֶת. This is directly in contradiction to Leipzig 1. 

What does Avraham Berliner in Zechor L’Avraham (Berlin 1867) say?                            

Firstly, Berliner states that the author of Yosef Da’as only had one Rashi manuscript and therefore his (Berliner’s) rendering of Rashi is more accurate.

This is Berliner on our Pasuk:

In his introduction, Berliner mentions all the Kisvei Yad he had and includes Munich 5 but he does not include Leipzig 1. 

In conclusion, if you look at many early manuscripts, the idea that האמרת means לְשׁוֹן תִּפְאֶרֶת is definitely there. As a matter of fact, in Lepzig I it comes first and other manuscripts, (such as Berlin 1221) don’t even have the explanation of הבדלה. Both Leshonos could come from Rashi. 

[1] The Artscroll Sapirstein Rashi quotes Yosef Da’as as the last of its comments.
[2] The author of Yosef Da’as:

המחבר היה מחכמי פראג שנולד בפראג בשנת ש”ם ונפטר שם בשנת תי”ד. הוא היה תלמידם של גדולי חכמי פראג, והוא מביא הרבה תורה מהם בספר, וכן הוא כותב מאחרי השער שהספר נדפס בהסכמתם. המחבר עמל לזקק את הטעויות שנפלו בפירוש רש”י על התורה, ולמטרה זו השתמש בחומשים עתיקים, וכן בכתב יד עתיק מהמאה ה-14 שמצא בלובלין. ליד כל תיקון והערה, הוא מציין את המקור

[3] A.J. Rosenberg also weighs in on this (Judaica Press Rashi in English) as follows:

[4] There is a Machlokes on Grossman’s opinion which is still open 308 ‘ועיין במחלוקתם של א’ טיוטו בתרביץ ס”א:א’ עמ’ 92-91 וא’ גרוסמן בתרביץ ס”א:ב’ עמ.
[5] Munich 5 is also supposed to be quite authoritative. Here is a quote from Prof. Marc B. Shapiro cited in Hakirah 26:

The copyist of the Rashi manuscript was not some anonymous person, but R. Solomon ben Samuel of Würzberg. R. Solomon was an outstanding student of R. Samuel he-Hasid and a colleague of R. Judah he-Hasid. He was also a student of R. Yehiel of Paris, and R. Solomon’s son was one of the participants in the 1240 Paris Disputation together with R. Yehiel. R. Solomon wrote Torah works of his own and he may be identical with R. Solomon ben Samuel, the author of the piyyut סלחתי ישמיענו that is recited in Yom Kippur Neilah. ArtScroll, in its Yom Kippur Machzor, p. 746, tells us that סלחתי ישמיענו was written by “R’ Shlomo ben Shmuel of the thirteenth-century.”

[6] Explanation of Ibn Ezra. First, he says it a language of exaltation. (similar to Shavachta and Lashon Tiferes)  Then he quotes Rabbi Yehuda HaLevi as saying the source is ויאמר . Ibn Ezra prefers this explanation. This is referred to by the Lubavitcher Rebbe as the most direct explanation. 

האמרת. מלשון גדולה וקרוב מגזרת בראש אמיר ויאמר רבי יהודה הלוי הספרדי ,נשמתו עדן, כי המלה מגזרת ויאמר והטעם כי עשית הישר עד שיאמר שהוא יהי’ אלהיך גם הוא עושׁה לך עד שאמרת שתהי’ לו לעם סגולה ויפה פירש והנה תהיה מלת האמרת פעל יוצא לשנים פעולים

The Hebrew word “bespoke” carries connotations of exaltation. Compare, “in the top of the uppermost bough” [Isaiah 17: 6]. The Spaniard Rabbi Yehudah HaLevy — may his soul rest in Gan Eden — explained how the word is related to the verb “to say”: the sense of the passage is that you have done all that is proper, to the point that you cause other people to say “He will be your God”; and He will likewise act toward you so as to cause you to say that you will be His treasured people. According, the verb “to bespeak” takes both a direct and an indirect object.
[7]
Artscroll’s sources are given as follows:

Variant readings [of the text of Rashi] are either enclosed in braces or appear in the footnotes, along with the sources from which Rashi drew his commentary. Among the earliest printed editions (incunabula) from which the variant readings are taken are the editions printed in: Rome (undated, possibly 1470), Reggio di Calabria, Italy (also called defus rishon, “first printed edition”; 1475); Guadalajara, Spain (Alkabetz edition, 1476); Soncino, Italy (1487); Zamora, Spain (1487). The Venice (Bomberg) edition of 1517-18 was the first edition of Mikraos Gedolos with Scripture, Targum, Rashi and all the standard commentaries. In the course of researching the variant readings of Rashi, we found valuable resources in the recently published Yosef Hallel (Rabbi Menachem Mendel Brachfeld; Brooklyn; 5747/1987); and, for the Bereishis volume, the ongoing Chamishah Chumshei Torah – Ariel/Rashi HaShalem (Jerusalem, vol. 1 – 1986, vol. 2 – 1988, vol. 3 – 1990). 




Machon Yerushalayim’s Book Week 2011

Machon Yerushalayim’s Book week 2011

by Eliezer Brodt

As previously mentioned there are many book sales this time of year all over Eretz Yisroel, and many publishers release new titles for the occasion. One of the publishing houses that makes a special sale every year is Machon Yerushalayim (MY). This year for the sale MY released many new titles. Over twenty years ago MY released a beautiful new edition of the classic work Minchas Chinuch. Over time this edition has become a bestseller, selling thousands of copies worldwide. In the introduction of the work they wrote of plans for a fourth volume which would include indices and a collection of all the notes and discussions of the various gedolim on the Minchas Chinuch. For various reasons that project never got off the ground. Bu there was another work that does collect all the notes and discussions of the various gedolim on the Minchas Chinuch and comment on them, from Rabbi Schlessinger. This work, although beautiful and full of great stuff, looked like it would shape up to be over twenty volume,s but no more volumes were released in the past fifteen years. Recently, for Pesach and Shavuos MY released samples of this original project. Last week they released the first volume of this edition which goes up to the forty-first Mitzvah. The work is excellent. It is more concise than Rabbi Schlessinger edition and similar to the style they have used in the Otzar Miforshei Hatalmud. I just have one small complaint – at this rate it will be around twelve volumes (although they estimate only six). Although it is nice to have the notes on the same page of the Minchas Chinuch, but most people have already bought the Minchas Chinuch in three volumes, so it would be much easier for them to put all the notes in two separate volumes like originally planned. Hopefully MY will offer this option in the future. Volume two of this work is due in a month or two. Another very valuable work just printed is the sefer Shulchan Melachim. This work is based on manuscripts from Rabbi Yitzchak Bueno who was a Rav in Yerushlayim over three hundred and fifty years ago. It is on Orach Chaim and is full of pesakim of his and other giants of his time. The Prei Chadash and Chida used it in manuscript. This volume contains many useful footnotes and is printed with the Shulchan Orach on the page. Another work just printed is the extremely important work Tashbetz Koton based on many manuscripts. There are over one hundred manuscripts of this work. A few years ago an edition of Tashbetz Koton was printed by Rabbi Schneerson with many excellent notes (he promised a second volume which has still not been printed). Rabbi Schneerson’s edition is based on the version of the sefer that was in front of the Beis Yosef, who quoted from it extensively. However one weakness of this edition of Rabbi Schneerson’s is that it’s in a complete different order than many of the other editions, making it very hard to use. The new edition of MY is based on the order that most quote the sefer, making it easier to use than Rabbi Schneerson’s. Besides for this it is based on many manuscripts and contains many useful notes to help one understand the text. One small problem I had with the MY edition is they did not reprint the notes of R. Yeruchem Fischel Perlow but it could be they could not get permission. Another very valuable work just printed is called Pinkaso Shel Shmuel from the Rashash. This work is a collection of indexes of thousands of topics found in the Rashash’s writings organized according to topics, including topics related to Kelalim, Toldos Tanaim V’amoraim and more. It is mindboggling to see how many topics the Rashash touched upon in his works! One weakness in my personal opinion of this work is they should have already brought down exactly what he says instead of in an index form as he writes very concisely, so the sefer would only be a little bigger and even better. The editor of this work seemed be unaware of the great work on the Rashash from Shua Englman, “Rabbi Samuel Strashun (HaRaShaSh) and his Hagahot on the Babylonian Talmud,” (PhD dissertation, Bar-Ilan University, 2008; Hebrew). All in all it’s a beautiful job. Another work worth mentioning is a volume called Iggros Rabbenu Chaim Me-volozhiner. This small work (117 pp.) is mostly a commentary to a one-page letter of R. Chaim Volzhiner. Another volume which is due out any day is the fourth volume to the Shut Ha-Tashbetz. Some other volumes printed are two more volumes to their edition of the Shulchan Orach Yoreh Deah, another volume of Yad Dovid, another volume of Sharei Torah and a shu”t from R. Chaim Kafusi. A very special title of theirs printed last year is the Shiltei Giborim. See here for a nice article about this work. Hopefully I will return to this work in a future post. In addition to all this all their seforim are available at reduced prices. Email me at Eliezerbrodt@gmail.com if you are interested in a complete catalog.




Marc B. Shapiro – Forgery and the Halakhic Process, part 2

Marc B. Shapiro holds the Weinberg Chair in Judaic Studies, Department of Theology and Religious Studies, University of Scranton. He is the author of Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884-1966 (London: Littman Library, 1999), The Limits of Orthodox Theology: Maimonides’ Thirteen Principles Reappraised (London: Littman Library, 2003) and Saul Lieberman and the Orthodox (University of Scranton Press, 2006).

Prof. Shapiro is a frequent contributor to the Seforim blog and his recent posts include: “Uncensored Books”; a response to Rabbi Zev Leff (with a subsequent exchange with Rabbi Chaim Rapoport); “What Do Adon Olam and ס”ט Mean?,” and obituaries for Rabbi Yosef Buxbaum and Prof. Mordechai Breuer.

This post is a follow-up to his recent “Forgery and the Halakhic Process.”

Forgery and the Halakhic Process, part 2
by Marc B. Shapiro

In this post I would like to finish up with Rabbi Zvi Benjamin Auerbach’s Eshkol. But first, I must clear up another matter about which I was asked, as I discussed it right at the beginning of my first post dealing with the Eshkol. I mentioned that the late fourteenth-early fifteenth-century kabbalist, R. Menahem Zioni, quotes R. Yehudah he-Hasid’s comment that a section of the original Torah was removed by David and placed in the book of Psalms. After being shown this passage, as part of the effort to defend the authenticity of R. Yehudah he-Hasid’s commentary, R. Moshe Feinstein replied that Zioni’s commentary was also forbidden to be used.[1]

R. Moshe also writes that he doesn’t know who R. Menahem Zioni is. Presumably, this is designed to show Zioni’s insignificance, and make it easier for R. Moshe to ban his book. The problem is that Zioni is hardly an unknown figure; his commentary on the Torah is actually quite famous. He was also “one of the few kabbalists in 14th-century Germany.”[2] For R. Moshe to state that he is unfamiliar with Zioni is an acknowledgment that he is not particularly learned in Kabbalah. I don’t think anyone should find this surprising, much like they shouldn’t find it surprising that R. Moshe was not a savant of Jewish philosophy. He was an ish halakhah, and his time was spent focused on Shas and Poskim. Just as the Rav reports that R. Moshe Soloveitchik never held the Rambam’s Guide, we can also say about R. Moshe Feinstein that his interests were in line with the typical Lithuanian gadol, and that meant that Talmud and halakhah were what he devoted himself to.

While I don’t find R. Moshe’s lack of knowledge about a medieval kabbalist surprising, not all share this sentiment. After my last post someone wrote to me asking if it is true that R. Menasheh Klein rejected R. Moshe’s disqualification of Zioni. This is indeed true, and Klein’s responsum appears in his Mishneh Halakhot, new series, vol. 2, no. 214. Klein also points out that Zioni is quoted in halakhic sources, including the Magen Avraham, and he adds:

הציוני מקדמוני בעלי המקובלים וגדולי הפוסקים גאון וקדוש ה’ ואשרי מי שזוכה להבינו ולחקרו וללמדו, וח”ו להוציא לע”ז על קדוש ה
As to how R. Moshe could have banned such a work, Klein has his own solution: “I don’t believe that these words came from the Gaon R. Moshe, but in my humble opinion a mistaken student wrote them and placed them among his papers after his death.” He also states that it is impossible for him to believe that R. Moshe never heard of Zioni since he is quoted in the commentaries on the Shulhan Arukh, and R. Moshe knew the Shulhan Arukh backwards and forwards. He concludes that God should forgive the one who is responsible for what appear in Iggerot Moshe, that which is now falsely attributed to R. Moshe.[3]

This is, of course, comical. R. Moshe insists that Zioni’s commentary should be banned, and Klein insists that R. Moshe never wrote this. The fact that the relevant volume of Iggerot Moshe was published in R. Moshe’s lifetime and the letter in which he writes against Zioni was sent to Rabbi Daniel Levy of Zurich and is dated 1976 does not deter Klein is what is surely one of the strangest things to appear in his volumes of responsa (which contain a good many strange things[4]).

As for R. Yehudah he-Hasid’s commentary, which R. Moshe also banned, Klein writes as follows (Mishneh Halakhot, vol. 16, no. 102):

מהעתקת הציוני כת”י של רבינו יהודה החסיד זה הוא עדות נאמנה גם על הכת”י של רבינו יהודה החסיד שהוא קודש קדשים וח”ו לרחקו ולומר שמינים כתבוהו
R. Moshe’s rejection of the commentary of R. Yehudah he-Hasid is not entirely unexpected. In fact, there are about ten different places where R. Moshe denies the authenticity of an earlier text because it does not agree with his preconceptions. In a future post I hope to list all of these examples, which show that R. Moshe could be quite daring (and this led to sharp responses to him by other poskim). Yet, as with R. Yehudah he-Hasid, every one of the texts that R. Moshe rejects is unquestionably authentic. In at least one of the cases we even have the author’s own manuscript.

A number of years ago I was studying R. Mordechai Spielman’s Tiferet Zvi. This is a multi-volume commentary on the Zohar which shows incredible bekiut. In fact, the Zohar is often just a springboard for the learned author to discuss all sorts of Torah matters. His first book, Tziyun le-Nefesh Tzvi, shows the same characteristics, and it is devoted to the issue of whether kohanim can go to the graves of tzadikim. While most poskim rule that they cannot, there is also a tradition, popular among the kabbalistically inclined, that tzadikim are exempted as they do not cause impurity. In one of his final articles, the late Prof. Israel M. Ta-Shma dealt with this issue.[5]

I noticed that Spielman cited Zioni and was curious to hear his reaction to R. Moshe’s teshuvah. In a lengthy letter, dated July 14, 1994, in which he discussed a variety of matters, he wrote:

וכשהייתי לפני כמה שנים בירושלים עה”ק ובקרתי אצל מרן פוסק הדור מו”ה ש”ז אויערבאך הנ”ל הסכים עמי ואמר לי בפירוש במעמד א’ מיקירי רבני ירושלים עה”ק שליט”א שאין הצדק עם הגאון ר’ משה זצ”ל לאסור למכור את הספר הקדוש הזה

[Quite by coincidence, a couple of years later my havruta at the Scranton yeshiva was the great-nephew of Rabbi Spielman. He told me that his uncle, who was a follower of the Munkatcher rebbe, R. Hayyim Elazar Shapira (and also a native of Munkatch), used to celebrate Thanksgsving each year. Such was his feeling of gratitude to be living in the United States.]

Returning to Auerbach’s Eshkol, the controversy really started when R. Shalom Albeck, in an open letter, later followed by his Kofer ha-Eshkol, accused Auerbach of forging the work. (Albeck himself, and his son Hanokh, later published the authentic Eshkol.) Yet it must be noted that Albeck was not the first to accuse Auerbach of this, as right after the work was published there appeared an anonymous article in He-Halutz[6] saying the same thing. There is a widespread assumption that this article was written by the outstanding scholar Raphael Kirchheim. Yet I don’t know how this assumption arose, as I can find no evidence to justify it. I believe that the author was Joshua Heschel Schorr, the publisher of the journal.

I must thank Rabbi Baruch Oberlander of Budapest[7] who called my attention to the fact that in another article in He-Halutz, eleven years later,[8] Schorr once again attacks Auerbach and his edition of the Eshkol. Among his choice words are the following:

וחטא למחבר הספר וחטא לקוראים ההוגים להתלמד, וחטא לאמת ולמי שחותמו אמת וחטא לנפשו, והוא עתיד ודאי ליתן את הדין ומי יודע אם יצא נקי בדין, כי אין מרחמין בדין
Oberlander also called my attention to the following, which is quite interesting. In my previous post I quoted R. Shlomo Yosef Zevin’s assessment that Albeck was correct in judging Auerbach’s Eshkol a forgery. Yet in the Talmudic Encyclopedia, edited by Zevin, Auerbach’s Eshkol is cited! I wouldn’t be surprised if most of the people working on the various entries, who are all great talmidei hakhamim, have never even heard of the dispute over the volume. Unlike the case of Besamim Rosh, the reliability of Auerbach’s Eshkol is almost never mentioned in traditional rabbinic literature, and the great poskim continue to cite it as a rishon. Yet Auerbach’s Eshkol is also cited numerous times in the volumes that appeared while Zevin was still alive. How can one explain this?

Auerbach’s Eshkol was shown to be a forgery in that it contained formulations taken from post-medieval works. In my last post I quoted R. Ratsaby’s comment in his letter to me that the work contains material from the Beit Yosef. Oberlander points out that R. Menahem M. Kasher, Torah Shelemah, 9:140, also raises this possibility.

באשכול הנדפס בכת”י ע”י ר”ש אלבעק דף 46, ליתא קטע זו וצ”ע אם אין זו הוספה ע”פ הב”י
It is in this area, of post-medieval material in the Eshkol, that Prof. S. Z. Havlin has made a fascinating discovery. I refer to his article in Yeshurun 13 (2003), which should satisfy even the final doubters that the work is indeed a forgery.

Havlin quotes a passage from R. Abraham ben ha-Rambam that is found in the Orhot Hayyim of R. Aharon of Lunel and also appears in Auerbach’s Eshkol. The question is obvious: How could the Eshkol, whose author, R. Abraham ben Isaac, died in 1159, quote anything from R. Abraham ben ha-Rambam. Of course, one could say that this is a later addition to the manuscript from someone who used the Orhot Hayyim. But as Havlin notes, this is no help either because where would this person have come across this text, as it is lacking from the standard edition of Orhot Hayyim and is today only found in one Jerusalem manuscript?

The answer is that the Beit Yosef cites this passage in the name of Orhot Hayyim (without noting that the Orhot Hayyim is quoting R. Abraham ben ha-Rambam). R. Joseph Karo had access to a manuscript of Orhot Hayyim which had this text, which, as mentioned, does not appear in the standard version of Orhot Hayyim. Auerbach saw this text in the Beit Yosef and simply incorporated it into his Eshkol, perhaps even assuming that this was another example of Orhot Hayyim quoting the authentic Eshkol, as he often does. Only now, when we have access to the Jerusalem manuscript of this work, do we see that Orhot Hayyim is actually quoting a teaching of R. Abraham ben ha-Rambam. This was information that Auerbach did not have, and explains how he could include it in his edition. R. Abraham ben Isaac was a great scholar (and father-in-law of the Ra’avad). Yet even he was not able to quote from works that would not appear until after his death.

Havlin concludes:

נמצא אפוא שיש בנוסח מהדורת הרב אויערבך הוספות שנבלעו בפנים בלא אות או סימן, שנעשו לא לפני שנת שי”א (1551), שבה הופיע לראשונה ספר בית יוסף
I was asked to explain a bit about the Eshkol, vol. 4, that Bernard Bergman published. First some background: In the introduction to volume 3 of his edition of the Eshkol, Auerbach wrote that the halakhot of the Eshkol found in his manuscript that remained to be published were Hilkhot Yom Tov, Rosh ha-Shanah, Yom Kippur, Orlah, Kilayim, Hallah, Hekdesh, Vows and Oaths, Tzedakah, and Rabbinic laws. In his Kofer ha-Eshkol, Albeck, who insisted that Auerbach had no Eshkol manuscript but created his edition using various other sources (including the authentic Eshkol), challenged Auerbach’s supporters to at least produce Auerbach’s transcribed copy of his manuscript. It was asserted by Auerbach’s defenders that the original manuscript had been lost, presumably put into geniza by Auerbach’s family after the latter’s death, since they didn’t realize its value. But, Albeck claimed, certainly Auerbach must made a copy of the manuscript (if it really existed).

Albeck’s request was never fulfilled, and it is obvious that all of Auerbach’s defenders, who were in close touch with his family, assumed that there was no such copy. Had anyone known of it, its existence would have been a central feature of the defense of Auerbach’s honesty.

In 1986 Bergman published volume 4 of Auerbach’s Eshkol, which contains some of the missing sections. This would appear to show that Albeck was not correct in his assumption, and accusation, that no such text existed. But its existence says nothing about the authenticity of Auerbach’s Eshkol. All it means is that Auerbach had written down certain sections, and added his commentary Nahal Eshkol which he had to do before publication. Even forgers have to present a written text to the printer!

With regard to Bergman’s volume, it is very curious that the reader is given no insight in the introduction as to where this manuscript came from (or even a picture of it). I can’t think of any other publication of a rishon where this information is not provided. I would not be surprised if some think that the new edition is itself a later forgery designed to protect Auerbach’s legacy. After all, how is it that Bergman came to this work when Auerbach’s family and defenders knew nothing about it? Despite these questions, I think that barring new evidence we should give Bergman the benefit of the doubt and assume that the manuscript did originate with Auerbach.

I realize that it was, and remains, hard for people to accept that a gadol be-Yisrael was capable of such an outrage, namely, forging the work of a rishon. I think we should simply assume that he had some sort of schizophrenic personality, and leave it at that. Even great Torah scholars sometimes do weird things.

It is of course understandable that people who knew Auerbach as a pious sage were not able to accept this. Professor Jacob Barth, who taught at both the Rabbinical Seminary of Berlin and the University of Berlin, and was one of the world’s leading Semitic scholars, is a perfect example of this phenomenon. Although he was R. Esriel Hildesheimer’s son-in-law and a leading figure in German Orthodoxy, he also had a critical mind and was not one to be led by convention. It was thus possible for him to argue that Isaiah 40-66 was a later addition, and to reject the talmudic dating of various post-biblical books. He even claimed that the Song of Songs was not originally intended as an allegory, a position that today would probably get him put into herem. Yet even this giant of critical scholarship could not approach the Eshkol problem objectively. Instead, he reflected on how forty years prior he had studied Talmud under Auerbach, and how much he was impressed by him, from both an intellectual and personal standpoint. As he put it, whoever had any contact with Auerbach knows that it is “absolutely impossible that he could have committed the smallest literary dishonesty.”[9] He concludes his essay by stating that the learning and character of Auerbach stand tall, despite the shameful attack of Albeck.

In my first post I noted that R. Hayyim Heller pointed out to the Rav that Auerbach’s Eshkol is a forgery. In this regard, it is interesting to mention something that appears in Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk. In recent years there has been great interest in “Brisk.” I am not referring to the Brisker method of Torah study which has been popular for a long time, but rather a great interest in the personal lives of the outstanding figures of Brisk.

As every bit of information is precious, and every book wants to offer new stories, it is important for the authors to look anywhere they can. Unfortunately, at least one such book has plagiarized from R. Herschel Schachter.[10] Another unfortunate element in these books is the lack of respect shown to figures who did not share the Brisker anti-Zionism. This is more understandable, as at times R. Chaim and R. Velvel themselves had negative views of the religious Zionist gedolim.[11] It would be censorship if their attitudes were not recorded properly, but most people reading this will still regard it as unfortunate that these great rabbis were not more tolerant. (The irony, of course, is that they are expected to be tolerant of those who supported what in their mind was bringing great devastation upon the Torah world.)

Speaking personally, I must say that some of the stories recorded in these books are so strange that I wonder if most people in this generation would be led to admire these figures more after hearing the stories, or if the result would be the opposite. For example, what is one to make of the following story, told in order to inspire awe of the Brisker Rav? Once he was served something which, while kosher, did not measure up to his standards. Upon learning of this, he immediately stuck his finger down his throat, causing himself to throw up on the host’s expensive rug. Rather than this upsetting the host, we are told that this further increased his admiration for the Brisker Rav.[12]

Can people today grasp what it means to be a pure ish halakhah of the sort the Rav describes in Halakhic Man, whose behavior can come across as very cold and unfeeling (e.g., R. Moshe Soloveichik’s rebuke of the Baal Tokea, and the story of R. Elya Pruzhener and his dying daughter)?[13] Another such example of this is the report that when one of R. Velvel’s sons died shortly after birth, and the family was crying, he was insistent that they stop their tears, since there is no avelut before thirty days.[14] Whether this type of pan-halakhism is inherently positive or negative I will leave to the judgment of others, but I think that in modern times it is clear that the average person who hears stories like this, even if he is a haredi, will not be spiritually inspired. I think that many times he will even be spiritually turned off, for obvious reasons.

I know that Rabbi Pinchas Teitz, who headed my high school, the Jewish Educational Center, didn’t like the similar sort of stories told about the Rogochover. He felt that people today would hear these stories and the only thing that would stay with them is that the Rogochover was eccentric. Since the point of stories of gedolim is to inspire respect and awe, telling stories that stress his eccentricity would therefore be counterproductive. For example, hearing about how the Rogochover threw a chair at R. Hayyim Ozer, or how he proclaimed that R. Yitzhak Elchanan didn’t know how to learn or that Tosafot is full of errors, are hardly the sort of tales that will inspire awe.

In fact there are many gedolim about whom R. Teitz’ point is applicable. I remember when a high school rebbe of mine got all excited telling the class about his trip to the Steipler, and how while he was there the Steipler chased another fellow out of the house. (Subsequently I learnt that this was not so uncommon). After the rebbe finished his story, no doubt thinking we would be impressed, one of the students blurted out something along the lines of “Do you think that was a nice thing to do?” Now I certainly am not going to judge the Steipler, and it is likely that the man was deserving of being thrown out, but the rebbe didn’t know the details and thought that it would be exciting to tell us high schoolers how the great Steipler lived up to his reputation as one who didn’t suffer fools. Yet the acculturated Modern Orthodox response was to wonder why he wasn’t a nicer person. In other words, Rabbi Teitz was correct about the need to be careful when it comes to telling the masses stories of gedolim.

To give another example, I recently read a hesped where R. Yitzhak Yosef recorded how the deceased talmid hakham, R. Moshe Levi, didn’t miss a moment of Torah study. He described how when R. Levi was at a communal meal he kept a book under the tablecloth, and every free second he could be seen be looking at it. The eulogizer saw that as something positive, whereas in my town, everyone would regard it as very rude. This point illustrates why I find haredi hagiography so fascinating, as it clearly reveals the culture gap between the haredi world and the Modern Orthodox world. Some of the stories that are told, and are part of haredi myth making, would be regarded with horror by the Modern Orthodox world.[15] How better to determine the ethos of a community than by seeing how it chooses to remember and praise its leaders? If anyone thinks that the Rav shared the Modern Orthodox ethos, just look at the stories he tells in Halakhic Man.

Sometimes truly horrible stuff is found in haredi “gedolim books” as well. Let me offer just one example. There is a very helpful book by Dov Ber Schwartz entitled Artzot ha-Hayyim (Brooklyn, 1992). This book contains short biographies of numerous American rabbis, a list of rabbinic books published in the United States, and an essay on Orthodoxy in America. Yet in the midst of the book, on page 52a in the note, one finds the shocking passage which you can see here, and which I am too embarrassed to translate. One can only hope that sentiments such as these are not very common among Schwartz’ fellow Satmar hasidim.

Another real problem with all of the haredi hagiography is that one never knows if the stories are trustworthy. That doesn’t mean that the stories have no value, for even if gadol x never did what is recorded, the fact that this story is told about him reveals the mindset of the generation telling the story. In other words, we can adapt the point Neusner has made about talmudic tales of tannaim really telling us about the amoraim; late twentieth and early twenty-first-century tales of gedolim really reveal what the current haredi ethos is (especially since anything that doesn’t agree with this ethos will be censored.)

While in many cases the stories told are strange and one wonders whether they are accurate, in some cases it can be determined with virtual, or even complete, certainty that they are false. Yehoshua Mondshine has authored a number of articles showing the falsehoods in (mostly) hasidic stories. Among the non-hasidic works he takes aim at is R. Barukh Epstein’s Mekor Barukh.[16] Mondshine’s prime concern is with the famous story recorded by Epstein about his father’s meeting with the Tzemah Tzedek, and Mondshine attempts to show that there is no reason to believe the report.

To this I would only add that, knowing Epstein’s reputation as a plagiarizer and how he manufactured stories, one should not take seriously any of his “recollections.” I know the feminists will be upset with this, but we must assume that the entire dialogue between him and Rayna Batya,[17] which shows her as a proto-feminist, is contrived and has no historical significance other than revealing that Epstein himself wanted to call attention to the sad fate of talented women who are not permitted to study Torah In the unlikely event that he does accurately portray Rayna Batya, all I can say is that the punishment of one who tells tall tales is that even when he tells a true story he is not believed. We must, however, remember that even when it comes to stories that are certainly false (and there are loads of them being invented all the time, and then repeated by the gullible), one should not be discouraged when reading them. Rather, one should keep in mind Saul Lieberman’s famous comment: “Nonsense is nonsense, but the history of nonsense is scholarship.”

What does all this have to do with Auerbach’s Eshkol? In Uvdot ve-Hanhagot le-Veit Brisk, 3:291, we are told in the name of someone who heard it directly from R. Velvel that when Auerbach’s Eshkol was published, “I [R. Velvel] immediately said that this is not the Eshkol.” R. Velvel is also quoted as saying that it was actually written by another rishon. Here is a perfect example of why these sorts of books are so unreliable. I am not saying that the person who reported this story is lying, only that he didn’t understand what R. Velvel said, or perhaps after forty years no longer remembered properly. I say this because R. Velvel never could have said what he is alleged to have said, as he wasn’t even alive when Auerbach’s Eshkol appeared in 1868. The only kernel of truth that can be gleaned from this text is that R. Velvel knew that Auerbach’s Eshkol was not the authentic Eshkol. Seeing how badly the informant messed up, I am not even willing to trust him that R. Velvel said that Auerbach’s Eshkol is the work of another rishon. Perhaps he only said that it contains information from rishonim, without committing himself to it being an authentic medieval work.

The great problem is what to do with pesakim that rely on Auerbach’s Eshkol. For example, the authentic Eshkol does not have hilkhot niddah, but Auerbach’s does. Unlike Saul Berlin, Auerbach was not simply making up pesakim and attributing them to rishonim. He was taking information in the Beit Yosef and other works and putting this in the mouth of the Eshkol. This is, of course, terrible, and in a halakhic sense it gives the authority of an aharon to a rishon. Yet when you have a pesak in one of the aharonim that relies on Auerbach’s Eshkol, I would think that it does not need to be thrown out because there is at least some important authority (e.g., Beit Yosef, Peri Hadash, etc.) who holds this position, even if it wasn’t the Eshkol.

That said, I can only sympathize with those who have written articles or halakhic works and treated Auerbach’s Eshkol as authentic. The forger has all sorts of motivations, but at the very least he is guilty of genevat zeman, i.e., the time that people take in examining that which they think is a rishon, and wouldn’t have done had they known the truth. Time is precious, and the forger causes it to be wasted on falsehoods. Just think how much time was spent on the forged Yerushalmi Kodashim and Besamim Rosh that could have been spent in authentic Torah study. From an issue currently in the scholarly news, imagine how many thousands of hours have been spent on Morton Smith’s Secret Gospel of Mark, by scholars arguing both sides of the issue. If it turns out that Smith is a forger, even after his death he is playing havoc with people and their scholarly direction.

One very unfortunate example of this is Chaim Bloch’s collection of forged anti-Zionist letters, Dovev Siftei Yeshenim (3 vols., 1959-1965). Hermann Greive wrote an entire article based on these letters,[18] and shortly after his article appeared Shmuel Weingarten published his Mikhtavim Mezuyafim Neged ha-Tziyonut (Jerusalem, 1981), showing beyond any doubt that the letters are forgeries.[19] All the time spent by Greive in writing his article was of course never to be recovered, stolen from him by the worst type of scoundrel the scholarly world can produce. Years ago I had wanted to discuss this matter with Greive, but was shocked to learn that he had met an untimely death, killed by a deranged student.[20]

Notes:

[1] Iggerot Moshe, Yoreh Deah III, no. 114.

[2] Encyclopaedia Judaica, vol. 11, col. 1314 (s.v. Zioni, Menahem).

[3] In a later responsum, vol. 16, Yoreh Deah no. 102, he offers a far-fetched explanation of Zioni and R. Yehudah he-Hasid, according to which David never removed anything from the Torah, only from Moses’ chumash, which contained material not found in the Torah.

[4] For example, what other posek has concluded that ethnic foods, e.g., Chinese, Italian, sushi, etc. are forbidden, and that Jews must only eat “Jewish food.” See Mishneh Halakhot, vol. 10, no. 111. It was pesakim like this that gave rise to the yeshiva quip that the title of his book should be pronounced Meshaneh Halakhot. In addition, Klein’s negative views towards baalei teshuvah and women are also very troubling (although with regard to women, a knowledge of some of his difficult personal history adds some necessary context in this regard.) His attitude towards non-Jews is also shocking, so much so that one wonders whether Elie Wiesel, great humanitarian that he is, would be such a supporter of his institutions if he knew what was being taught there (Wiesel and Klein were in Auschwitz and Buchenwald together). In a lecture at an Edah conference some years ago, a well known talmid hakham discussed if it proper for one to make use of poskim like R. Menasheh Klein for certain areas (e.g., hilkhot Shabbat), if one feels that their general worldview, in particular in areas of Jewish-Gentile relations, is diametrically opposed to one’s own values.

[5] Israel M. Ta-Shma, “Holy Men Do Not Defile – Law and Ideology,” Jewish Studies Internet Journal, 1 (2002): 45-53 [Hebrew], available here (PDF).

[6] Vol. 8 (1869): 165-167.

[7] Rabbi Oberlander is the world’s leading expert on the forged Yerushalmi Kodashim. He published numerous articles on the topic in Or Yisrael, which will be part of his forthcoming book. I should also note that he has played an important role in the rebuilding of Jewish life in
Hungary. See e.g., here.

[8] Vol. 11 (1880): 65-67.

[9] “Notwendige Abfertigung,” Jǔdische Presse (February 17, 1911): 65.

[10] Halikhot ha-Grah (Jerusalem, [1996]) takes a good deal of material, often word for word, from R. Hershel Schachter, Nefesh ha-Rav (Jerusalem: Reishit Press, 1994) without acknowledgment.

[11] I don’t know if it is a reliable report, but see R. Ephraim Greenblatt, Rivevot Efraim, 6:41, third introduction, that R. Velvel also expressed himself negatively with regard to the Rav. (R. Greenblatt himself always shows great respect for the Rav and all gedolei Yisrael, whatever their hashkafot; the passage I refer to was written by someone else. Years ago I expressed my surprise to R. Greenblatt that he included this in his work. Since it is part of an article about one of his teachers, he no doubt felt that it was inappropriate to make any changes.)

[12] Shimon Yosef Meller, Ha-Rav mi-Brisk (Jerusalem, 2004), 2:546-547. See also ibid., 1:484, for a story where R. Hayyim Ozer gave R. Velvel some sugar for his tea, and the latter thought it might contain kitniyot. Out of respect for R. Hayyim Ozer, which is a biblical commandment (kavod ha-Torah), R. Velvel used the sugar, but

תיכף עם צאתו את הבית בסיומו של הביקור, התאמץ וניסה בכל דרך לפלוט מפיו את שאריות הסוכר
[13] David Singer and Moshe Sokol advance the radical view that the Rav’s descriptions of his family members is actually designed to show his opposition to their hyper-intellectualism and pan-halakhism. They write

[T]here is something strange about Soloveitchik’s tales of the Litvaks. The behavior he describes is so radical, so extreme, as to make his presumed heroes seem grotesque. Who, for example, wishing to portray Litvak intellectualism in a positive light, would boast that his father and grandfather set aside all human sentiment and refused ever to enter a cemetery, because a stark encounter with death would have distracted them from the contemplation of the law. Or again, who would tell with pride the following macabre story about his maternal grandfather [referring to the story of R. Elya and his dying daughter] . . . Stories like this, while ostensibly presented in order to glorify the Litvak, cannot help but evoke strong disapproval in the reader. And this disapproval, it seems safe to assume, is shared in part by Soloveitchik himself, specifically by that part of him which rebels against the Litvak tradition’s spurning of the emotions. The vein of anger that runs through the anecdotal material in “Halakhic Man” is not to be missed.

David Singer and Moshe Sokol, “Joseph Soloveitchik: Lonely Man of Faith,” Modern Judaism 2:3 (October 1982): 259.

[14] Shimon Yosef Meller, Uvdot ve-Hanhagot le-Veit Brisk, 4:22-23. The eyewitness to this story was R. Simcha Sheps, late Rosh Yeshiva at Torah Vodaas.

[15] The same high school rebbe, mentioned above, also told us how at the Steipler’s wedding he had a sefer with him and was learning throughout the affair. Again, the reaction of the Modern Orthodox youths who heard this story was that the Steipler was definitely not someone to look to as a role model. What might inspire awe in Boro Park and Bnei Brak can often have the opposite effect when told to acculturated, fun-loving, American youngsters. This is the sort of story that will convince them that gedolim don’t value the normal pleasures of life, and why would any young person, brought up in America, want to be part of a religion that holds this up as an ideal?

[16] See here.

[17] See Don Seeman, “The Silence of Rayna Batya: Torah, Suffering, and Rabbi Barukh Epstein’s ‘Wisdom of Women,’” Torah u-Madda Journal 6 (1995-1996): 91-128.

[18] Hermann Greive, “Zionism and Jewish Orthodoxy,” Leo Baeck Institute Year Book 25 (1980): 173-195.

[19] Even before Weingarten’s book, and earlier articles, there was strong reason to suspect Bloch of forgery. From the beginning of the twentieth century he published books and articles containing letters of great rabbis and Hasidic leaders. None of them can be assumed to be authentic. During his great dispute with R. Yosef Elijah Henkin in the 1940’s, the latter repeatedly accused Bloch of dishonesty and pointed out that he would often attribute quotes to rabbis who were no longer alive so that he couldn’t be contradicted.

[20] After learning of the forgeries, Greive also published “Zionism and Jewish Orthodoxy (II),” Leo Baeck Institute Year Book 28 (1983): 241-246, which is a disgraceful and feeble attempt at defending his original article. In truth, it is no more than a justification of the time and effort he put into the original article. The best course would have been to simply acknowledge how he had been hoodwinked. Why do I say that his article is “disgraceful”? Because it is a twisted example of post-modern mumbo-jumbo that would make the editors of Social Text proud (see here). Here are some choice quotations from Greive, which if they ever became the standard of the historian’s craft, would mean the end of knowledge as we know it. He is trying to show that even forgery of texts is not very different than what historians do all the time!

It is precisely because of this awareness that historians tend to be exceedingly sensitive to any departure from the accepted standards, to any instance of “interference” that does not stop at interpreting a text, but – in the case of written sources – presumes to interfere with the very words in order to demonstrate a newly proclaimed truth. It must be borne in mind, however, that what the offender does in such a case is no different in principle from what everybody is doing except that he goes a little too far. It is this proximity of the permissible to the impermissible that accounts for the intensity of the hostile reaction among scholars, which is as it ought to be for the sake of upholding the standards of serious scholarship, for it is that final step across the dividing line that is the decisive one.
The indignation among scholars will be the more vehement, the rejection the more absolute, the more clearly the newly demonstrated “truth” diverges from the established tenets, flies in the face of securely held scientific convictions. Yet, as will be explained later on, such reactions may be over-hasty. For one thing, interference with a text is not in principle different from inadmissible interpretation which does not alter the words but stretches their meaning; for another, the editing of a text touches on the problem of the extent to which a word uttered during a particular period truly reflects a (hypothetical) extra-verbal reality. Of course, such doubly problematical sources must be approached with caution: their usefulness depends on just what wants to demonstrate by their use.

Later on in the article Greive assumes that Bloch did not create the anti-Zionist letters from scratch, but rather altered authentic letters, and he argues that one can “extract” authentic information from them. He concludes: “Admittedly, there is a danger of drawing erroneous conclusions from a distorted text, but this only reinforces the need for a careful and balanced critical approach and is certainly no reason for altogether ignoring the material until some more reliable evidence pointing in the same direction becomes available.”

It is unfortunate that such a fine publication as the Leo Baeck Institute Year Book published this nonsense. Dovev Siftei Yeshenim is completely useless as a historical source.




Book review – Nafshi BiShe’elati: The Halakhot of Mental Health

Book review – Nafshi BiShe’elati: The Halakhot of Mental Health

Ben Rothke

 

T.J. Hooper was a precedent-setting tort case[1] in 1932. Two tugboats, one of which was The T.J. Hooper, were towing barges. During a storm, the barges sank, and their cargoes lost. The owners of the cargo sued the barge owners, who in turn sued the tugboat owners. The barge owners claimed that the tug operators were negligent because they failed to equip their tugs with radios that would have warned them of the bad weather.

The tugboat companies defended under the prevailing practice theory. They claimed that because no other tugboat operators in the area were using radios, this constituted the industry standard of care.

Judge Learned Hand found the tugboat companies liable because they did not use readily available technology, radio receivers, to listen for broadcast weather reports, even though radio use was not yet standard industry practice 

Judge Hand observed, “Indeed, in most cases, reasonable prudence is, in fact, common prudence, but strictly it is never its measure. A whole calling may have unduly lagged in the adoption of new and available devices. Courts must in the end say what is required. There are precautions so imperative that even their universal disregard will not excuse their omission”.

I thought of the T.J. Hooper case when reading a most remarkable new book Nafshi BiShe’elati: The Halakhot of Mental Health[2] by Rabbi Yonatan Rosensweig and Dr. Shmuel Harris. Mental health is virgin ground in halacha and requires the subtle judgment of the most seasoned poskim. When Rav Asher Weiss used the term OCD in his teshuva in 1994 (Minchat Asher 2:134), it was, as I understand it, the first usage by a posek of the term OCD.

The authors quote Rav Shlomo Zalman Auerbach (1910-1995) who was asked if one may turn on an electronic device on Shabbat to play music for a choleh sheyesh bo sakana who likes it. Rav Auerbach responded, “My son may permit this, but I have difficulty.”

He explained, “When I was growing up, a sick person needed warmth, food, and drink. While I can understand these new psychological needs, like music, are in fact needed—of course you are right—it is very difficult for me to permit them.”

A century ago, giving the sick person, be it one who was physically ill or with a mental malady, warmth, food, and drink was all one could do. This was an era where ear infections were fatal, and those with mental illnesses were considered incapable of being productive members of society or even counted as part of a minyan.

Today, with far-reaching advances in mental health care and pharmacology, a rabbi today who provides a congregant with warmth, food, and drinks instead of a referral for psychological care may have blood on his hands. The authors write that rabbis should avoid trying to provide psychological treatment in place of a licensed professional.

This is required even though the rabbi’s role throughout history as a spiritual guide in whom his disciples and community can confide is still as crucial as ever. He should differentiate between someone in need of sage counsel or an attentive ear and someone with a mental illness who needs professional care. Consequently, it is imperative that rabbis receive mental health training so that they can adequately distinguish between mental states and identify signs that warrant referral for professional treatment.

The authors are a remarkable pair with Rosensweig, the accomplished rabbinic scholar, and Harris, the physician. Rosensweig serves as the Rabbi of the Netzach Menashe synagogue in Beit Shemesh, Israel. He also teaches in various post-high school institutions and is the author of a number of books. In 2021, he founded Maagalei Nefesh[3], on an organization that deals with issues about mental health and halakha.

Harris is a psychiatrist who has served as the former head of psychiatric services at Hadassah Mt. Scopus. He is also the founder of Machon Dvir[4], a mental health organization servicing the English-speaking community in Israel.

The late Chicago-based posek Rav Gedalia Dov Schwartz said when dealing with transgender issues, “They didn’t really prepare me for this in yeshiva.” Schwartz echoed the sentiment that what was studied in the pristine study halls was often theoretical and abstract and didn’t match what was occurring in the real world.

When it comes to mental health, many communal rabbis are finding that yeshiva didn’t prepare them to deal with congregants who have mental health issues. Many of which can be exacerbated by halacha. These rabbis must be educated in various areas and understand the many mental health issues to properly and effectively minister to their congregants.

Eating, for example, plays a large part in Jewish life. Between the weekly Sabbath meals, the Passover seder, and various holiday meals, nearly 20% of the Jewish calendar revolves around meals or a fast.

So when a rabbi has a congregant with anorexia nervosa or other types of eating disorders, how they respond can have life or death repercussions as eating disorders have one of the highest mortality rates in comparison to other psychiatric illnesses, as 20% of anorexia nervosa deaths, are due to suicide. In addition, those with eating disorders are much more likely to engage in self-harm and experience suicidal ideation.

Anorexia nervosa is germane not just to eating but to fasting also. The authors detail situations where a person suffering from anorexia nervosa would be obligated to eat on a fast day, including Yom Kippur.

Most rabbis will wear out their copies of Hamadrich, The RCA Lifecycle Guide[5], as it is the go-to guide for various lifecycle events. Yet when it comes to mental health and halacha, there is no Hamadrich. And that is precisely the gap that Nafshi BiShe’elati brilliantly fills.

The book deals with every area where mental health and halacha intersect: Shabbat and holidays, marriage, divorce, relationships, prayer, kashrut, and much more.

As the authors live in Israel, they quote heavily on Israeli poskim. Readers will be introduced to poskim such as Rabbis Eliyahu Abergel, Reem Hacohen (Rosh Yeshiva of Yeshivat Otniel), Yuval Cherlow (Rosh Yeshiva of Yeshivat Hesder Amit Orot Shaul), and more.

In many areas, halacha addresses the status of the shoteh, someone not in total control of their mental facilities. The concept of shoteh is a difficult one to define and has been applied in relation to many different cases. The most common uses of the term have been reserved for and most closely describe the clinical phenomenon of psychosis, the state in which the individual lacks the ability to distinguish reality from fantasy.

With that, the book open with an analysis of shoteh, and the different levels it entails, including shoteh gamur, general shtut, shoteh ledavar ehad, and more. Defining what and who a shoteh is not an academic exercise. It can, in fact, have life-and-death consequences.

One is allowed to violate the sabbath for someone as the presumption is that it will enable them to observe many sabbaths in the future. One could argue, although the halacha is not like this, that Shabbat may not be violated to save a shoteh, as it will not bring them to observe more Shabbatot.

While a shoteh is exempt from the performance of mitzvot, the Maharil writes that if a man has a son who is a shoteh, he has fulfilled the mitzva of procreation, as writes that the shoteh has a soul, is a bar mitzva, and those of sound mind are cautioned about him.

The authors quote heavily from the late Rav Nahum Rabinovitch (former Rosh Yeshiva of the hesder yeshiva Birkat Moshe in Ma’ale Adumim). Rav Rabinovitch’s genius was matched by his sensitivity to the human condition.

Rav Rabinovitch believed that the very act of performing a mitzva can preserve a sense of being in good health for the shoteh, so it is important for them to perform mitzvot with or without assistance.

In Rupture and Reconstruction: The Transformation of Contemporary Orthodoxy[6] Professor Haym Soloveitchik writes of the swing to the right, where a significant increase in chumras has had significant consequences for Jewish society and the nature of Jewish spirituality.

When dealing with the halachic needs of those with mental health issues, the authors quote valid halahic sources which show how far right and strict things have become as normative halacha. This includes countless things from running and jumping on Shabbat, having non-Jews play instruments on Shabbat for newly married couples (which was the custom in Ashkenaz during the Middle Ages), certain aspects of mikvah usage for women, and more.

As to mikvah use, women with anorexia suffer intensely whenever they must attend to their body or appearance. Cleaning the body and preparing it for mikvah immersion is not a simple affair for them, as it brings negative feelings about their body, sometimes including disgust, to the surface.

The authors write that it is very important for rabbis answering questions from women with eating disorders to be sensitive to their tremendous difficulties and instruct them to go easy on the mikvah preparations and do only the absolute minimum required by Halacha.

Similarly, the mikveh attendants must be aware when someone has an eating disorder and should respect their privacy and do their best to create a pleasant and relaxed environment for them.

The concept of yeridat hadorot is the belief in the intellectual inferiority of subsequent and contemporary Torah scholarship and spirituality compared to that of the past. Yet when it comes to dealing with those who are deaf, mute, or both; and those with mental health issues, one can certainly say it is aliya hadorot. Our ability today to deal with and integrate Jews with those maladies pales in comparison to how they were handled and treated in generations past.

This is a book of unique erudition on a crucial topic, and Nafshi BiShe’elati: The Halakhot of Mental Health is a remarkable guide that is required reading not just for every rabbi but for everyone. Most of us know someone who has a mental health issue or is just one degree of separation from those who do.

It wasn’t that long ago that those with Down Syndrome were never let out of the house, and those with severe mental issues were lobotomized. Society in general, and Jewish society specifically, has come a long way in terms of mental health and how to deal with it. The book shows how Halacha is more than able to deal with these mental health situations. It’s incumbent on every rabbi and member of the Jewish community to understand how to deal with our brothers and sisters suffering from mental health issues.

This extraordinary book should be read by those looking for a serious and scholarly guide about halacha and mental health, a reference completely dedicated to halacha’s fealty.

[1] http://itlaw.wikia.com/wiki/T.J._Hooper
[2] https://korenpub.com/products/nafshi-bisheelati-halakhot-of-mental-health
[3] https://mnefesh.org
[4] https://machondvir.org/
[5] https://korenpub.com/products/hamadrikh-the-rca-lifecycle-guide
[6] https://traditiononline.org/rupture-and-reconstruction-the-transformation-of-contemporary-orthodoxy/