Upcoming Kestenbaum Auction #51 – Alphonse Cassuto Collection Part 2.

Kestenbaum & Co. will be holding an auction this Thursday, June 23. The catalog is available online at the Kestenbaum site (link). This auction includes the second part of the Alfonso Cassuto collection which is heavily focused on books originating or relating to the Iberian Peninsula. One can read more about that collection at the website or see the last auction catalog.
In addition, there are a few controversial books of note. First, lot 136 is the exceedingly rare first edition of Toldoth Ya’akov Yosef, the first Hassidic work published. It is both rare and controversial because it was the first and thus subject to bans and book burnings. Second, lot 153, is R. Azariah de Rossi’s Me’or Eynaim, Mantua, 1574. Of course, this book too was subject to a ban, in this case by R. Yosef Karo. De Rossi attempted to preempt his critics by removing certain pages and replacing with “corrected” pages. Third, lot 159, is R. Ya’akov Emden’s polemic against the Frankist movement, Sefer Shimush, Altona c. 1758-62. This work too was banned by the Va’ad Arba ha-Artzot. Aside from the controversial nature of the work, the work is also notable for the illustrations it includes at the end depicting the punishment that is due the Frankist. Also see this post by On the Main Line for another notable illustration in Sefer Shimush. Here are the illustrations of the punishments:

Fourth, lot 253, R. Manasheh of Ilya’s Binat Mikra. R. Menasheh himself was a controversial figure, [see R. D. Kaminetsky, Ha-Gaon R. Menasheh me-Ilya, Yeshurun vol. 20, pp. 729-81]. In addition, this exceedingly rare work is also controversial in part because R. Menasheh records that the Gra himself told him that one is not limited to the interpretations of texts advanced by the Talmud. Finally, we have Nathan of Gaza, Tikun Krei’ah le-Chol Yom, Frankfurt O.M., 1666 (lot 271). Nathan was Sabbatai Tzvi’s “prophet.”
Turning to illustrations, we have a R. Issachar Baer Eilenburg’s Be’er Sheva, Venice, 1614, lot 157. The title page prominently displays a bare-breasted woman. It is worth nothing that this copy belonged to the Sadigur Rebbi, R. Nachum Dov-Baer Friedman, and his stamps also appear prominently on the title page.
This is not the only work belonging to the Sadigur Rebbi that contains such illustrations. Lot 269, is the Sadigur Rebbe’s copy of R. Avraham Rapa’s Mincha Belula, which contains R. Rapa’s herald that similarly contains bare-breasted women. Indeed, as previously discussed here and here some have attempted to alter the herald to make it less objectionable. Although lot 262 does not appear to have belonged to the Sadigur Rebbi, it too has similarly imagery, this time on the title page. In this case, it is a set of Mishne Torah, Amsterdam, 1702-03. Aside from the figures of Moses and Moses Maimonides apparently dressed as Greek philosophers flanking the title page, on the edifice at the top of the page there are two bare-breasted women.
This is not the only work from Maimonides that contains potentially objectionable imagery. Lot 260, is the Moreh Nevuchim, Sabbionetta, 1553, and in this case, the Greek mythological figures, Mars and Minerva appear at the bottom [for more on this title page see Marvin J. Heller, Mars and Minerva on the Hebrew Title-Page, Papers of the Bibliographical Society of America, 98:3, Sept. 2004 (now reprinted in Studies in the Making of the Early Hebrew Book, Brill, 2007)].
Finally, a few other books of note are included in this auction. Lot 244 is R. Shmuel David Luzzato’s personal copy of the first Hebrew bibliography by a Jew, R. Shabbatai Bass’s (author of the popular commentary on Rashi, Siftei Hakhamim), Siftei Yesheinim. For more on R. Bass, see this post. Lot 145 is the Sefer Avreikh, Munkatch, 1893, which as Marc Shapiro has pointed out is one of the works that are written by extraordinary precocious authors, in this case, he was nine years old; see this post. Lot 258 is the first English edition of R. Yehudah Areyeh of Modena’s Riti, translated by Edmund Chilmead.



Chaim Rapoport – From Ma’adanei Eretz to Kitvei Ma’adanei Eretz (5704-5767)

From Ma’adanei Eretz to Kitvei Ma’adanei Eretz (5704-5767)
Rabbi Chaim Rapoport
(London, England)

As Rabbi Eliezer Brodt has recently noted in a post at the Seforim blog the advent of the sabbatical year has been blessed with a plethora of new books and pamphlets related to the laws of shemitah.

Prominent amongst these is a publication entitled Kitvei Ma’adanei Eretz on Masechet Shevi’it, from the writings of the world renowned halachic authority, Rabbi Shlomo Zalman Auerbach (1910-1995), published by Zehav haAretz on the “eve of the shemitah year, 5768”.

The sefer (341 pages) is divided into two parts. The first part is arranged according to the order of Masechet Shevi’it and presented as a commentary on it. The second half is comprised of a series of chapters on a broad variety of halachic topics related to shemitah.

In the preface we are told that the editors received much support and encouragement from Rabbi Shlomo Zalman’s sons, including Rabbi Shmuel Auerbach shlit”a. We also learn that much of the material in the sefer was never intended for publication by Rabbi Shlomo Zalman. [It was often written in note-form for his own perusal etc.] Nevertheless, given the enormous interest in the writings of Rabbi Auerbach, it was decided that these chiddushim should be edited and published. This feat was accomplished to the delight of the publishers and their intended audience.[1]

For the sake of producing a comprehensive work the publishers inform us that they have included segments of the author’s previously published works that relate to the Masechet Shevi’it and its halachot.

Indeed, the second half of the sefer, which consits of chiddushim on Rambam and halachic discussions pertaining to shemittah, appears to have been gleaned almost entirely from Rabbi Shlomo Zalman’s earlier works, most particularly his Ma’adanei Eretz on the laws of shevi’it.

However the publication of this sefer raises two related bibliographical questions: (a) Rabbi Auerbach’s classic on Shevi’it, namely his celebrated Ma’adanei Eretz, published originally by the author himself in anticipation of the shemitah year 5704,[2] and republished with the blessing of the author in anticipation of the shemitah year 5733, has been out of print and unavailable for many years.[3] Why has this book not yet been re-published? (b) Why has only some, but not all of the material in the original Ma’adanei Eretz been reproduced in Kitvei Ma’adanei Eretz?

I cannot offer a definitive answer to these questions. Yet it is possible that two features of the original work are the cause for these ‘omissions’.

Firstly, the original Ma’adanei Eretz dedicates much discussion to the ‘heter mechirah’ and its dynamics. Although Rabbi Auerbach clearly expresses a preference for the observance of shemitah without recourse to the heter mechirah, he does recognise the plausibility of the ‘heter mechirah’ and seeks to buttress this mechanism with halachic argumentation. Moreover, (as is evident from his introduction), Rabbi Auerbach’s defense of the ‘heter mechirah’ – which he considered to have been endorsed by ‘minhag yisroel’ – was one of the primary purposes of his work.[4]

In times bygone, this apect of Ma’adanei Eretz apparently presented no cause for concern, even amongst the most chareidi Jews. Rabbi Zelig Reuven Bengis (1864-1953), then Rosh Beth Din of the ultra-Orthodox Edah Chareidit in Jerusalem, was aware of Rabbi Auerbach’s ‘agenda’ (towards which he was not particularly sympathetic), yet this did not prevent him from writing a complimentary letter of approbation in honour of the author and the book.[5] The same is true for Rabbi Isser Zalman Meltzer, (1870-1953), then rosh yeshiva of the Etz Chaim yeshivah in Jeruslaem. Yet nowadays this is no longer the case. Some of Rabbi Auerbach’s biological and/or ‘spiritual’ heirs who completely deny the validity of the heter mechirah and/or its application in the contemporary social and economic climate, may be deeply embarrassed by the original Ma’adanei Eretz.

Secondly, Rabbi Auerbach refers with the most reverential terms to the late Rabbi Avraham Yitzchak haKohen Kook (1865-1935), and attributes much weight to his halakhic opinions.[6] In contradistinction to many other illustrious authorities to whom Rabbi Auerbach refers to as “ha-gaon . . . of blessed memory’ his appellation for Rav Kook includes the honorific “maran [ha-gaon ha-Rav Kook of blessed memory].”[7]

In today’s ultra-orthodox climate, in which Rav Kook has almost been written out of existence[8] [or worse still, ‘demonised’], it should come as no great surprise that some would like to disassociate the prestigious Rabbi Auerbach from one of his primary mentors.[9] Accordingly, it is only natural that they would endeavour to orchestrate matters in such a way that the original Ma’adanei Eretz (with its ‘offensive’ contents) fades into oblivion.[10]

An examination of the ‘privileged’ segments of the original Ma’adanei Eretz that have been ‘preserved’ in the Kitvei Ma’adanei Eretz supports my thesis. Rav Kook, whose views and vision clearly inspired Rabbi Auerbach, has been wiped off the face of the map. Likewise the heter mechirah, a central feature of the original work, has, for all practical intents and purposes, become a non-issue in the new work.[11]

In a world in which honesty means little and history means even less, Kitvei Ma’adanei Eretz has performed a successful face-saving tactic, for ‘what the eye does not see, the heart does not grieve’! [12]

Notes:
[1] The publication of this sefer seems to be in partial overlap with “Minchat Shlomo – Chiddusim uViurim al HaShas” on Masechet Shevi’it which was published by Rabbi Auerbach’s sons in Jerusalem, 5761.

[2] נוסח דף השער של הספר הוא: ‘ספר מעדני ארץ כולל חדושים וביאורים וחקרי הלכות בעניני שביעית, ונלוה אליו קונטרס לאפרושי מאיסורא בענין הפרשת תרומות ומעשרות’ חובר בס”ד מאת שלמה זלמן אויערבאך מישיבת עץ חיים בהרב הגאון המפורסם מוהר”ר חיים יהודה ליב שליט”א, יצא לאור על ידי ישיבת מדרש בני ציון בסיוע מוסד הרב קוק שעל יד המזרחי העולמי – ירושלים תש”ד – ערב שנת השמיטה

[3] A number of years ago I was fortunate enough to be able to find and purchase a somewhat worse for wear copy of Ma’adanei Eretz in a second hand seforim store in New York.

[4]בהקדמתו ל’מעדני ארץ’ כתב הגרשז”א: “לתועלת המעיינים אקדים סקירה קצרה לתולדות היתר ההפקעה משביעית שהותר לראשונה ע”י גדולי ישראל מגאוני הגולה ז”ל ושוכלל אח”כ ע”י רבותינו הגאונים מארי דארעא דישראל”. לאחרי ה’סקירה הקצרה’ הוסיף הגרשז”א, וז”ל: “אחרי כל האמור הנני מוצא לנכון להעיר לבל יתקבל ח”ו שום רושם כאילו הכנסתי ראשי בין הרים גדולים ורמים גדולי הדורות אשר מימיהם אנו שותים ומפיהם אנו חיים ואף גם את שמותיהם אזכיר במורא ופחד אלא מכיון שההיתר הזה שיסודותיו בהררי קודש נתקבל ונהוג למעשה בכל אה”ק [מלבד יחידי סגולה גבורי כח עושי דברו ששומרים שביעית כדת וכהלכה ד’ יגן עליהם ותחזקנה ידיהם קודש וכל העוזרים והמסייעים להם אשרי חלקם] לכן הרשיתי לעצמי לבאר ולברר יסודותיו עד כמה שידי יד כהה מגעת ולהציע לגדולי תורה היושבים על מדין את אשר נלענ”ד לנכון להעיר”.
בפתיחה ל’מעדני ארץ’ סימן ט כתב הגרשז”א: “כידוע היו רבים מגאוני הדור הקודם שהתנגדו להיתר המכירה, וגם היו ביניהם כאלה שאמרו שאופן המכר הנעשה על ידינו אין לו שום ערך וחשיבות . . . אע”פ שבכמה מקומות מוכח יותר כדברי המחמירים עם כל זאת מנהג ישראל תורה, וכללא הוא דכל הלכה שהיא רופפת בידך צא וראה איך המנהג, והמנהג הוא מקדמת דנא לקולא . . . ואם היינו באים להחמיר הי’ נראה הדבר כגזירה חדשה, וגם הלכה כבתראי שהכריעו רובם ככולם שההלכה מסכמת גם להמנהג . . . רק נתתי אל לבי לברר בפרק זה את יסודי הדברים של המתירים”.
וראה בהסכמת הגרא”ז מלצר, בעל ‘אבן האזל’, הנדפס בתחלת ספר ‘מעדני ארץ’ שכתב בתו”ד: ” עיינתי בכמה סימנים בספרו ונהניתי מאד מדבריו הנאמרים בהרחבה גדולה בכל פרטי ההלכות ובסברא נכונה וישרה, ואם אמנם לא אוכל להצטרף בקביעות דבריו להלכה משני טעמים, אחד בשביל שלא עסקתי הרבה במסכת זו בדברי הראשונים והאחרונים בהלכות אלו, עוד זאת בשביל שרוב דבריו הם לברר פרטי הדינים היוצאים לפי היתר המכירה שהנהיגו גאוני ארה”ק, ומכיון שיש בעיקר ההיתר מחלוקת גדולה בין גאוני הדור בדור שלפנינו לא אחפוץ להכניס ראשי בין ההרים גדולים”.

[5] ראה בהסכמת הגרר”ז בענגיס, בעל ‘לפלגות ראובן’, הנדפס בתחלת ספר ‘מעדני ארץ’ שכתב בתו”ד: “ויהי’ דברי אלה ליקר סהדותא על גודל ערך הספר ועל יקרת הגאון המחבר שליט”א. אבל חס לי להצטרף למסקנותיו גם להחמיר וכ”ש שלא להקל ובכונה רצוי’ סלקתי א”ע מלחוות דעה באלה הלכות למעשה”.

[6] גם בהקדמתו מסתייע הגרשז”א מזה שהרב אברהם יצחק הכהן קוק “נלחם מאד לחזוק ההיתר נגד הקמים עליו לבטלו, בחששו שבביטולו יחרב כל הישוב ח”ו וגם משום הוצאת לעז על הגאונים שהתירו שכבר פשטה ההלכה והמנהג כמותם”.

[7] ראה ‘מעדני ארץ’ סימן א אות ו: “ועיין גם בס’ משפט כהן למרן הגאון מוהרא”י הכהן קוק ז”ל שכתב בתשובה להגאון הרידב”ז ז”ל”; שם אות ז: “אולם בשנת תר”עיין סידר מרן הגרא”י הכהן קוק ז”ל את תיקון המכירה . . . “; שם אות טו: “ומשמטה רביעית היא שנת תר”עיין סודרו כל שטרי מכר ע”פ נוסחו של מרן הגאון מוהרא”י הכהן קוק ז”ל”.

[8] Thus, for example, the Sefer HaMafteiach in the Frankel edition of the Rambam does not include any references to the chiddushim of Rav Kook on the Mishneh Torah. Present day works on shemitah rarely include the contributions of Rav Kook (even with regard to matters unrelated to the heter mechirah). Needles to say, Rabbi Chaim Kanievski’s Derech Emunah on Rambam’s Sefer Zeraim (inc. Shemitah veYovel) does not refer to Shabbat HaAretz etc.
Rav Kook’s haskamah that was, in his heyday, often the crown of glory on many seforim is now viewed with derision by many, and has even been ‘removed’ from later editions of the same works (sometimes, apparently, by the author himself!).

[9] Recent explorations into Rav Kook’s (heretofore) esoteric thought may add to the evident anxiety that exists in certain circles regarding the relationship between Rav Kook and Rav Auerbach. [See Avinoam Rosenak, “Hidden Diaries and New Discoveries: the Life and Thought of Rabbi A.I. Kook,” Shofar: An Interdisciplinary Journal of Jewish Studies 25:3 (Spring 2007): 111-147. See also his review article, “Who’s Afraid of Secret Writings? Eight Files from the Manuscripts of Rabbi Kook,” Tarbiz 9:2 (2000): 257–291]. Most recently, see Yehudah Mirsky, “An Intellectual and Spiritual Biography of Rabbi Avraham Yitzhaq Ha-Cohen Kook from 1865 to 1904,” (PhD dissertation, Harvard University, 2007), esp. 450-485.

[10] In the course of time we may yet witness the birth of reports to the effect that Rabbi Auerbach (and/or: the Rabbis who gave their glowing haskamot) regretted ever having published (written approbations for) his Ma’adanei Eretz. Clearly Rabbi Auerbach’s regret will have to have been expressed ‘be-sof yamav’, since in 1972/5732 he was evidently still enthusiastic about the project.

[11] לדוגמא בעלמא: סימן ט בספר ‘מעדני ארץ’ נערך מחדש “ע”י בן רבינו הגאון רבי אברהם דוב אויערבאך שליט”א רב ואב”ד טבריה”, ונדפס בתוך ‘כתבי מעדני ארץ’ (בחלקו השני) סימן כג. בצורתו החדשה חסרים כמה דברים ובעיקר דברי הפתיחה לסימן זה ע”ד תוקף היתר המכירה (ראה מה שהעתקתי לעיל בהערה 4). גם לסימן יו”ד בספר ‘מעדני ארץ’ באו פנים חדשות בגלגולו החדש ב’כתבי מעדני ארץ’ סימן כ”ד [ונשמט מ”ש ב’מעדני ארץ’ שם אות א ע”ד היתר המכירה]. ואם כי לא זכיתי להבין את טעמי כל ההשמטות והשינויים שעשו העורכים בסימנים אלו, מ”מ נראה ברור שהטעם לחלקם הוא בגלל יחסם החיובי (או הקשרם) להיתר המכירה הנהוג למעשה.
להווכח מה היתה כוונת העורכים מחדש די להביט על השינויים שעשו בכותרות לשני הסימנים האלה:
בכותרת ל’מעדני ארץ’ סימן ט כתב הגרשז”א: “יסודי ההיתר של תיקון המכירה כדי להפקיע את הפירות מקדושת שביעית, ובירור דעת הסוברים דאף שאין קנין לנכרי להפקיע ממעשר ושביעית, מ”מ כל זמן שהקרקע היא ברשות העכו”ם הרי היא מופקעת שפיר ממעשר ומשביעית”, ואילו בכותרת לסימן כ”ג ב’כתבי מעדני ארץ’ נדפס: “ביאור שיטת הכסף משנה בדין קנין הנכרי בארץ ישראל” [כאילו דברי הגרשז”א נכתבו במקורן מבלי כל קשר להיתר המכירה הנהוג למעשה].
בכותרת לסימן יו”ד ב’מעדני ארץ’ כתב הגרשז”א: “המשך לסימן הקודם בבירור יסודי תיקון המכירה, עם עוד טעמים אחרים המועילים רק להפקעת דיני שביעית מגידולי שדות נכרים ולא לענין היתר עבודה, ובענין איסור האכלת פירות שביעית לנכרים, ודין פירות שביעית לאחרי הביאור”, ואילו בכותרת ל’כתבי מעדני ארץ’ סימן כ”ד כתבו העורכים: “עוד בשיטת הכסף משנה בהא דאין נוהג קדושת שביעית בפירות נכרים”, והוציאו את הדברים מהקשרן הראשון.

[12] The purpose of this article was to explore one example of a particular trend in contemporary rabbinic censorship. It was not written in order to express a view on, or assess the virtues of, the heter mechirah or its proponents. [Whilst this is totally irrelevant (at least to the subject matter at hand), I will attempt to save the time of many potential speculators by putting on record that I personally do not rely on the heter mechirah. The Lubavitcher Rebbe zy”a, whose rulings I attempt to follow, was far from enthusiastic about the heter mechirah and encouraged all Jews to observe the shemitah without recourse to the heter mechirah].




When Rav Kook Was the Kana’i (Zealot) and His Opponent the Melits Yosher (Advocate)

When Rav Kook Was the Kana’i (Zealot) and His Opponent the Melits Yosher (Advocate)[1]

By Bezalel Naor

In 1891, there appeared in Warsaw an anonymous work[2] entitled Hevesh Pe’er,[3] whose sole objective was to clarify for the masses the proper place on the head to don the tefillah shel rosh or head-phylactery. According to halakhah, the tefillah must be placed no lower than the hairline and no higher than the soft spot on a baby’s head (i.e. the anterior fontanelle).[4] In ancient times, there were sectarian Jews who deliberately placed the tefillah on the forehead, as attested to by the Mishnah: “If one placed it [i.e. the tefillah] on his forehead, or on his hand, this is the way of sectarianism (minut).”[5] These Jews interpreted literally the verse, “You shall bind them for a sign upon your hand, and they shall be for frontlets between your eyes.”[6] Adherents to Rabbinic Judaism are punctilious about placing the hand-phylactery on the biceps of the forearm opposite the heart,[7] and the head-phylactery above the hairline. East European Jews who placed their phylacteries on the forehead did so not out of conviction, as the Sadducees of old, but rather out of sheer ignorance of the law. The slim book (all of 24 leaves or 48 pages) was thus an elaborate educational vehicle to educate the masses how to properly observe the law.[8]

According to the approbation to Hevesh Pe’er by Rabbi Elijah David Rabinowitz-Te’omim (ADeReT) of Ponevezh, the book was published [but not authored] by his former son-in-law (presently his brother’s son-in-law), Rabbi Abraham Isaac Hakohen Kook of Zeimel.[9]

Wares in hand, the young rabbi of Zeimel (aged twenty-six) assumed the role of an itinerant bookseller, travelling from town to town in Lithuania. Wherever he went, he preached concerning the importance of fulfilling the commandment of tefillin. Historically, there was precedent for a rabbi promoting that specific mitsvah. In the thirteenth century, Rabbi Jacob of Coucy (author of Sefer Mitsvot Gadol or SeMaG), circulating in the communities of France and Spain, was able to turn the tide and convince Jews, hitherto lax in their observance of the commandment, to don tefillin.[10] As for an author posing as an itinerant bookseller, Rav Kook’s older contemporary, Rabbi Israel Meir Kagan of Radin, had done exactly that, thus earning himself the sobriquet Hafets Hayyim, after the book by that name that he peddled. (Hafets Hayyim tackles the problem, halakhic and otherwise, of malicious gossip.)

It is recorded that Rav Kook’s sermons had such a positive influence upon his audience that the Rebbe of Slonim, Rabbi Shmuel Weinberg, offered to support him if he would devote himself fulltime to acting as a maggid or peripatetic preacher.[11]

One would never have imagined that this halakhic work would meet with any rabbinic opposition.[12] The point it makes that wearing the head-phylactery below the hairline on the forehead invalidates the performance of the commandment, seems rather clear-cut in the sources. (In fact, but a few years earlier, in 1884, Rabbi Israel Meir Kagan in his work Mishnah Berurah had advised wearing the phylactery higher on the head, at a remove from the hairline, just to be on the safe side.)[13]

However, five years later, Rabbi Ze’ev Wolf Turbowitz of Kraz (Lithuanian, Kražiai; Yiddish, Krozh)[14] devoted the very first of his collected responsa to pummeling the anonymous work Hevesh Pe’er.[15] Rabbi Turbowitz prefaces his remarks by saying: “The intention of this author [i.e. the author of Hevesh Pe’er] is for [the sake of] heaven, but nonetheless he has spoken shabbily of the people of the Lord. May the Lord forgive him. For Israel, ‘if they are not prophets, they are the children of prophets.’”[16] Rabbi Turbowitz goes on to argue that the commandment is invalidated only if the majority of the phylactery is placed below the hairline. If, on the other hand, the majority is situated above the hairline and only a minority below, then the halakhic principle of “rubo ke-khulo” (“the majority as the whole”) applies, and the commandment is fulfilled.[17] One of the rabbi’s supposed proofs is that one must recite the blessing once again only in a case where the entire phylactery or the majority thereof has slipped down, but if only a minority of the phylactery has been displaced, with the majority still within the prescribed area, one does not recite another blessing upon readjusting the phylactery.[18]

Rav Kook (now outed as the author of Hevesh Pe’er) responded to the onslaught of Tif’eret Ziv. His lengthy rejoinder, entitled “Kelil Tif’eret,” appeared in the periodical Torah mi-Zion (Jerusalem, 1900).

Rav Kook dismantles Rabbi Turbowitz’s supposed proof from the fact that another blessing is unwarranted as long as the majority of the phylactery is still in its proper place. Rav Kook reasons that we must distinguish between the essential commandment (“‘etsem ha-mitsvah”) and the action of the commandment (“ma‘aseh ha-mitsvah”). The fact that one does not recite an additional blessing does not necessarily mean that the commandment (“‘etsem ha-mitsvah”) is still being fulfilled. What it does imply, is that the action of the commandment (“ma‘aseh ha-mitsvah”) is ongoing. The blessing addresses renewed action (“ma‘aseh ha-mitsvah”). In a case where only a minority of the phylactery has been displaced, the action required to readjust it does not warrant a blessing. “And the Turei Zahav[19] holds that since in the entire Torah, ‘rubo ke-khulo,’[20] once most of the action has been nullified, the action as a whole is nullified, but if most of the action remains, even though the commandment has been nullified, still the action exists…”[21]

As is typical for Rav Kook, he signs himself, “Abraham Isaac Hakohen Kook, servant to the servants of the Lord…Bausk.”[22]

Evidently, Rabbi Turbowitz was not one to take something lying down. He came back at Rav Kook with a stinging reply, integrated into Ziv Mishneh, his commentary to Maimonides’ Mishneh Torah.[23] There, in Hilkhot Tefillin (4:1), he maintains that since “rubo ke-khulo is a universal principle in the entire Torah”[24]—this applies to tefillin as well. He reiterates once again his proof from the TaZ, who ruled that the blessing is recited once again only in a scenario where the tefillin are totally displaced. He mentions the opinion of “one wise man” (“hakham ehad”) who wrote that even the slightest deviation disqualifies the mitsvah, and disagrees. According to Rabbi Turbowitz, lekhathilah (to begin with), the entire phylactery should be above the hairline with none of it extending down to the forehead, but be-di‘avad (ex post facto), if a minority of the phylactery is below the hairline, one has nonetheless fulfilled the commandment. And therefore, the anonymous sage was wrong to badmouth the masses, who are remiss in this respect, and their spiritual leaders, who look the other way and do not protest. “He spoke shabbily of the people of the Lord and will in the future be called to judgment!” After summing up rather concisely the position he took earlier in Tif’eret Ziv, Rabbi Turbowitz now lambastes Rav Kook for what he wrote in Torah mi-Zion (Jerusalem, 1900), no. 4, chap. 4, accusing Rav Kook of deliberately misquoting him.

In 1925, two disciples of Rav Kook, Rabbi Yitshak Arieli[25] and Rabbi Uri Segal Hamburger,[26] reissued Hevesh Pe’er in Jerusalem with Rav Kook’s permission.[27] Appended to the work was Rav Kook’s rebuttal “Kelil Tif’eret.” (In addition, this edition was graced by the comments of Rav Kook’s deceased father-in-law, ADeReT, and of Rav Kook’s admirers in Jerusalem: Rabbis Tsevi Pesah Frank, Ya‘akov Moshe Harlap, and Yehiel Mikhel Tukachinsky. Finally, there are the substantial “Comments upon Comments” [“He‘arot le-He‘arot”] of the editor, Rabbi Yitshak Arieli.)[28]

In 1939, Rabbi Yosef Avigdor Kesler of Rockaway (Arverne to be precise)[29] published a second collection of his deceased father-in-law, Rabbi Ze’ev Turbowitz’s numerous responsa. Whereas the first collection of Tif’eret Ziv covered only Orah Hayyim, this collection covered all four sections of Shulhan ‘Arukh.[30] In addition, it contained a supplement (Kuntres Aharon) entitled “Mele’im Ziv.” In the supplement, Rabbi Kesler published a letter from ADeReT to Rabbi Turbowitz that turned up in the latter’s papers.

ADeReT’s letter is datelined “Monday, Vayyetse, 5657 [i.e. 1896].” In the letter, ADeReT gratefully acknowledges receipt of the recently published book Tif’eret Ziv. Regretting that he is unable to send monetary payment for the book because he is presently inundated with works of various authors, ADeReT nonetheless wishes to at least offer some comment on the contents of the book.[31]

Referring to the very first responsum in Tif’eret Ziv, ADeReT rejoices that Rabbi Turbowitz sought to advocate on behalf of the Jewish People regarding the commandment of tefillin. He is especially overjoyed that Rabbi Turbowicz was not cowed, but dared to differ. ADeReT holds up as role models Rabbi Zerahyah Halevi (Ba‘al ha-Ma’or) who critiqued Rabbi Isaac Alfasi (Rif), only to be attacked himself by Rabad of Posquières; Rabad of Posquières who critiqued Maimonides; et al. Since this is the “way of Torah” (darkah shel Torah), why should he harbor any resentment toward Rabbi Turbowitz for disagreeing with him?[32] (ADeReT, though not the author of Hevesh Pe’er, had wholeheartedly endorsed it.)

The sterling character of ADeReT is best summed up in these lines:

God forbid, I am not deluded to think that truth resides with me. I wholeheartedly acknowledge the truth. I have not a thousandth part of resentment towards one who differs with me. And the opposite, I love him with all my soul when he points out to me the truth.[33]

Since Rabbi Turbowitz acted as a true talmid hakham (Torah scholar) who uninhibitedly speaks truth, ADeReT wonders why he failed to mention the name of the work he critiqued, Hevesh Pe’er. This would have provoked neither the author nor ADeReT.[34]

In this vein of truth-seeking, ADeReT proceeds to explain why the argument presented in Tif’eret Ziv failed to dissuade him from the position adopted both by him and the author of Hevesh Pe’er. Since the shi’ur or measurement of the area on the head where the phylactery is to be placed is Halakhah le-Moshe mi-Sinai (a law to Moses from Sinai), the principle of “rubo ke-kulo” is of no consequence in this regard.[35]

Realizing the historic importance of the contents of the letter, Rabbi Kesler provided a photograph of the crucial passage in the letter, which reads as follows:

About two years ago, the thought occurred to me to reprint the booklet Hevesh Pe’er. I wrote to its author, my son-in-law, my soul-friend (today the Rabbi of Bausk, may he live) and asked him if he has anything new to add to it. He wrote me an article, brief in quantity but great in quality, that it is possible to say ‘rubo ke-khulo.’ In the summer of 5655 [i.e. 1895] when I was in Warsaw, I already spoke with a printer and also notified the [government] censor, and I was thinking to print. But after this, I reversed myself, and the two of us [i.e. ADeReT and Rav Kook] agreed that it is not worthwhile to print leniencies (kulot) in this.[36]

ADeReT explains that if we show any leniency, it will prove a slippery slope. He reveals to Rabbi Turbowitz his unusual experience with Hasidim in particular: “From this, there came about in places where the Hasidim reside [the custom] to wear large tefillin.[37] Not one in a thousand bears most of the tefillah within the hairline. In most cases, but a small fraction (mi‘uta de-mi‘uta) [is within the hairline]. I have seen with my own eyes the entirety upon the forehead. They laughed at my rebuke, saying: ‘Thus is the mitsvah.’ ‘So we saw our fathers doing.’ etc. etc.”[38]

The letter concludes with this salutation:

His friend who is honored by his love, appreciates his genius and his Torah, and blesses him with all good,

Elijah David Rabinowitz Te’omim

…Mir[39]

[1] These are the exact words of Rabbi Joseph Avigdor Kesler in the introduction to his father-in-law Rabbi Ze’ev Wolf Turbowitz’s work of responsa, Tif’eret Ziv (Brooklyn: Moinester Publishing Company, 1939), p. 7, par. 5.

By the time of his passing in 1935, Rav Kook would be immortalized as a twentieth-century Rabbi Levi Isaac of Berdichev, the great advocate of the Jewish People, forever defending their practices in the heavenly tribunal. Today, Rav Kook is famous for his leniency concerning the Shemitah or Sabbatical year, the heter mekhirah, which allows sale of the land to a non-Jew for the duration, whereby agriculture, or at least some forms thereof, may take place. The model for this contract is the prevalent mekhirat hamets or sale of leaven to a non-Jew before Passover, so that it need not be removed from the home of the Jew.

However, in general, if one studies the teshuvot (responsa) of Rav Kook, he does not come across as extraordinarily lenient in his pesakim or halakhic decisions. Par contre, someone whose work is chock-full of startling leniencies is Rabbi Aryeh Tsevi Fromer of Kozhiglov (1884-1943), Rosh Yeshivah of Yeshivat Hakhmei Lublin and a disciple of Rabbi Abraham Bornstein (author of responsa Avnei Nezer). Rabbi Fromer designed his work of responsa, Erets Tsevi (Lublin, 1938), to be melamed zekhut, to find some halakhic justification (however farfetched) for certain otherwise anomalous practices within the Jewish community. This is apparent from the very first responsum, where the author attempts to justify the prevalent practice of wearing a tallit katan that fails to meet the prescribed shi‘ur or measurement.

[2] The title page credits as author: “KDY (Kohen Da‘ato Yafah).” The expression “kohen she-da‘ato yafah” comes out of the Mishnah, ‘Avodah Zarah 2:5. Thus, the title alludes to the author being a Kohen or member of the priestly caste.

The thought occurs to this writer (BN) that “Yafah” might be an allusion to Rav Kook’s descent from Rabbi Mordechai Yaffe (author of the Levush[im]). Rav Kook was immensely proud of his pedigree which reached back to the Levush. The pedigree to the Levush was something that Rav Kook had in common with his father-in-law ADeReT. In the letter written by Rav Kook’s paternal great-uncle, Rabbi Mordechai Gimpel Yaffe of Rozhinoy, to the Trisker Maggid, Rabbi Abraham Twersky, Rabbi Yaffe mentions their remote common ancestor, the Levush.

[3] The title is taken from the verse in Ezekiel 24:17: “Pe’erkha havosh ‘alekha” (“Bind your head-tire upon you”). The Rabbis interpreted the head-tire as a reference to the head-tefillah; see b. Mo‘ed Katan 15a.

[4] y. ‘Eruvin 10:1; b. Menahot 37a; Maimonides, MT, Hil. Tefillin 4:1; Rabbi Joseph Karo, Shulhan ‘Arukh, Orah Hayyim 27:9.

[5] m. Megillah 4:8.

[6] Deuteronomy 6:8.

[7] Shulhan ‘Arukh, Orah Hayyim 27:1.

[8] In Hevesh Pe’er, chap. 2, the author points out that there already appeared in print a small booklet with diagrams, “Tikkun ‘Olam ‘im tsiyurim,” but writes that the error persists depite that.

[9] Rav Kook’s first wife, Alta Batsheva, daughter of ADeReT, died at a young age, leaving him to raise their infant daughter, Freida Hannah. ADeReT suggested to Rav Kook that he marry Reiza Rivkah, ADeReT’s niece, daughter of his deceased twin brother, Tsevi Yehudah, Rabbi of Ragola. ADeReT had raised Reiza Rivkah in his home after her father’s death.

[10] Rabbi Jacob of Coucy, Sefer Mitsvot Gadol, positive commandment 3; Hevesh Pe’er, chap. 2. At the end of positive commandment 3, Rabbi Jacob gives the exact year of his campaign in Spain: 4996 anno mundi or 1236 C.E.

Urbach writes that this role of the itinerant preacher, or darshan, is without precedent among the French Tosafists; he conjectures that in this respect, Rabbi Moses of Coucy came under the influence of Hasidei Ashkenaz. See E.E. Urbach, Ba‘alei ha-Tosafot (Jerusalem: Bialik Institute, 1995), pp. 466-470. Concerning specifically French Jewry’s laxity when it came to observing the commandment of tefillin, see ibid. p. 469, n. 13 (citing Tosafot, Shabbat 49a, s.v. ke-Elisha Ba‘al Kenafayim, and Rosh Hashanah 17a, s.v. karkafta de-lo manah tefillin). The SeMaG refutes Rabbenu Tam’s understanding of “karkafta de-lo manah tefillin.”

[11] Rabbi Ya‘akov Moshe Harlap, quoted in Rabbi Moshe Tsevi Neriyah, Sihot ha-Rayah (Tel-Aviv, 1979), p. 191, and idem, Tal ha-Re’iyah (Tel-Aviv, 1993), p. 116. According to Rabbi Harlap, the Slonimer Rebbe reached out to ADeReT, hoping that he could prevail upon his former son-in-law (and present nephew by marriage) to accept this magnaminous offer.

[12] Rav Kook’s erstwhile mentor in the Volozhin Yeshivah, Rabbi Naphtali Tsevi Yehudah Berlin (NeTsIV), was so enamored of Hevesh Pe’er that he kept it in his tallit bag. See the Introduction of Rabbis Yitshak Arieli and Rabbi Uri Segal Hamburger to the Jerusalem 1925 edition of Hevesh Pe’er, p. 2.

[13] See Rabbi Israel Meir Kagan, Mishnah Berurah (Warsaw, 1884) to OH 27:9. In the Be’ur Halakhah, Rabbi Kagan sought support for this prescription in the manuscript glosses of “the Gaon Rabbi El‘azar Harlap” to Ma‘aseh Rav (a collection of the practices of the Vilna Gaon). If I am not mistaken, these notes would have been penned by the Gaon (and Mekubal) Rabbi Ephraim Eliezer Tsevi Harlap of Mezritch.

[14] Rabbi Ze’ev Wolf Turbowitz was born Rosh Hodesh Iyar, 1840 in Baboina near Kletsk and was known in his youth as the “Ilui of Baboina.” His first wife was from Izilian. After his marriage, he devoted himself exclusively to study of Torah, whereby he was then known as the “Porush of Izilian.” At a tender age he began to study Kabbalah. (Among his writings was found a work on Zohar.) In 1863, he was appointed as a rosh metivta in Minsk. In 1866, he received his first rabbinical position in Swislowitz. In 1875, he assumed the rabbinate of Kletsk. Afterward, he served a stint in Wolpa. And finally in 1889, he was elected rabbi of Kraz, where he served until his death on the 14th of Kislev, 5682 [i.e. 1921]. These biographical details were gleaned from his son-in-law Rabbi Yosef Kesler’s introduction to the Brooklyn 1939 edition of Tif’eret Ziv, p. 4.

Rabbi Eitam Henkin hy”d wrote of the interface between Rabbi Turbowitz and Rabbi Eliyahu Goldberg, mentor of Rabbi Yehiel Mikhel Epstein (author of ‘Arukh ha-Shulhan). Besides corresponding with Rabbi Goldberg in halakhic matters, Rabbi Turbowitz delivered a moving hesped (eulogy) for Rabbi Goldberg in 1875 in the town of Kletsk, Rabbi Goldberg’s birthplace. See Rabbi Eitam Henkin, Ta‘arokh Lefanai Shulhan (Israel: Maggid, 2018), pp. 359-360, 363.

[15] See Rabbi Ze’ev Wolf Turbowitz, Tif‘eret Ziv (Warsaw, 1896), no. 1. Ziv is an acronym for Ze’ev Yekhuneh Volf.

The responsum is datelined “Wednesday, 16 Tamuz, 5651 [1891],” which means that it was penned the same year that Hevesh Pe’er was published. Rabbi Turbowitz does not mention the book by name, referring to it as “a new book that has appeared” (“sefer ehad hadash she-yatsa la-’or”).

By the same token, in responsum 12 of Tif’eret Ziv, where Rabbi Turbowitz engages with another early work of Rav Kook (in fact, his first), ‘Ittur Soferim, he refers to that work obliquely as “sefer ehad katan” (“a small book”). Rabbi Abraham Joshua of Pokroi had raised the question whether one who becomes bar mitsvah at night must recite once again the blessing for studying Torah (birkat ha-Torah), though he already recited it that morning. The editor, Rav Kook, devoted a few pages to resolving this problem. See ‘Ittur Soferim, Part Two (Vilna, 1888), 9a-10b. Rabbi Turbowitz made short shrift of the question. At the same time, he tackled the Vilna dayan, Rabbi Shelomo Hakohen, who had also raised the question in his work, Binyan Shelomo. In the Brooklyn 1939 edition of Tif’eret Ziv, the first two responsa are to Rabbi Shelomo Hakohen, who had defended his position to Rabbi Turbowitz.

According to Rabbi Turbowitz’s son-in-law, Rabbi Yosef Avigdor Kesler, the famous “Gadol of Minsk” (i.e. Rabbi Yeruham Yehudah Perlman) read Rabbi Turbowitz’s responsum concerning the placement of the head-phylactery before it went to print and approved its contents. See the supplement to the Brooklyn 1939 edition of Tif’eret Ziv, Kuntres Aharon, “Mele’im Ziv,” 2d-3a, footnote.

[16] Tif’eret Ziv, 6a. The quote is from b. Pesahim 66b: “Leave Israel alone! If they are not prophets, they are the children of prophets.” Rabbi Turbowitz’s remark is quoted in Yehudah Mirsky, Rav Kook: Mystic in a Time of Revolution (New Haven: Yale University Press, 2014), p. 23.

[17] Tif’eret Ziv 1:3 (6c).

[18] Tif’eret Ziv 1:16-21 (8c-9b). See Rabbi David Halevi (TaZ), Magen David to OH 8:15; cited in Mishnah Berurah to OH 25:12.

[19] See previous note.

[20] It may strike the reader as ironic that Rav Kook introduced at this point in the discussion the concept of rubo ke-khulo when he had earlier rejected its application. But from Rav Kook’s standpoint (and that of his father-in-law Aderet, see below note 35), that principle simply could not be applied to the area of the phylactery with its precise dimensions. “Shi‘urim halakhah le-Moshe mi-Sinai,” “Measurements are a law to Moses from Sinai” (y. Pe’ah 1:1, Hagigah 1:2; b. ‘Eruvin 4a, Yoma 80a, Sukkah 5b).

[21] Rabbi Abraham Isaac Hakohen Kook, “Kelil Tif’eret” in Hevesh Pe’er, ed. Rabbis Y. Arieli and Uri Segal-Hamburger (Jerusalem: Mossad Harav Kook, 1985), p. 46. Of course, the element of hesah ha-da‘at, i.e. whether one has “removed one’s awareness,” plays a crucial part in determining whether one must recite the blessing on the tefillin once again. See ibid.

Rav Kook’s hiluk (differentiation) between “‘etsem ha-mitsvah” and “ma‘aseh ha-mitsvah” (especially the terminology) is somewhat remarkable, issuing as it did from the pen of Rav Kook, who studiously avoided the school of Hasbarah with its abstract constructs and neologisms, then in vogue in the Lithuanian yeshivah world. The most famous proponent of Hasbarah was Rabbi Hayyim Soloveitchik (who would one day inherit his father Rabbi Yosef Dov Soloveitchik’s rabbinate in Brisk, whereupon he would be known as “Reb Hayyim Brisker”). The latter’s methodology of Talmudic analysis came to be known as the “Brisker derekh [ha-limud],” “the Brisker way.”

Rav Kook’s biographers have duly noted that his first mentor back in Dvinsk (since Rav Kook’s bar mitsvah), Rabbi Reuven Halevi Levin (known as “Reb Ruvaleh Denaburger”) had, so to speak, “immunized” Rav Kook against the trend of “sevarot” or newfangled “concepts.” Rabbi Reuven Levin was highly suspicious of sevarot that had not been enuciated already by the rishonim, the medieval authorities. (See Rabbi Kesler’s introduction to Tiferet Ziv, Brooklyn 1939, p. 8, par. 9, quoting Rabbi Reuven Levin, and ibid. sec. Hoshen Mishpat, responsum 46:6 [116c]: “It is not my way to say sevarot of my own cognizance.”)

And thus, when later Avraham Yitshak Kook arrived at Volozhin, “the mother of yeshivot,” he gravitated to the elder Rosh Yeshivah, Rabbi Naphtali Tsevi Yehudah Berlin (NeTsIV), known as a pashtan, a champion of the simple understanding of the text, rather than to his grandson-in-law, Rabbi Hayyim Soloveitchik, who was surrounded by budding scholars attracted to the exciting new method of Talmudic analysis that he was developing.

Although Rav Kook was never so outspoken as Ridbaz Wilovsky (“Reb Yankel Dovid Slutsker”) who satirized the new method as “chemistry,” Rav Kook was clearly on the other side of the great divide between Lithuanian Talmudists. This aversion of Rav Kook to the method of “hasbarah” was given eloquent testimony in recently unearthed correspondence concerning the unsuccessful attempt of Rabbi Shim‘on Shkop (a rosh yeshivah in Telz and later head of his own yeshivah in Grodna) to be accepted as Rosh Yeshivah of Merkaz Harav in Jerusalem. Speaking in Rav Kook’s name, his devoted disciple Rabbi Ya‘akov Moshe Harlap conveyed to Rabbi Hizkiyahu Yosef Mishkovski of Krinik (who had interceded on Rabbi Shim‘on Shkop’s behalf) the following laconic response:

Regarding the proposal concerning the Gaon Rabbi Shim‘on Shkop, may he live, to accept him as Rosh Yeshivah of Merkaz Harav, there is certainly nothing to discuss, for since the founding of the Yeshivah, this position is reserved for Maran [our master, i.e. Rav Kook], may he live, who plans to fill it himself. For Maran, may he live, wishes—and this is a strong desire—that the main method of learning of the Yeshivah be according to the order and method of the Gra [i.e. the Gaon Rabbi Elijah of Vilna], of blessed memory. Though he [i.e. Rav Kook] knows and feels also the great necessity of developing the methods of “hasbarot” (conceptualizations) and “havanot hegyoniyot” (logical understandings), he wants the main spirit of the Yeshivah to be based on his method, etc. Today I showed Maran, may he live, his honor’s letter, and what I wrote here is his response.

Rabbi Harlap’s letter is datelined “Monday, 2nd day of Rosh Hodesh Adar, 5686 [i.e. 1926], Jerusalem.” It was published in a Festschrift for his grandson, Rabbi Zevulun Charlop, Zeved Tov, ed. Ari S. Zahtz (New York: Yeshiva University Press, 2008), p. 103.

Inter alia, “Z. Wein” mentioned in the letter from Rabbi Shkop to Rabbi Tobolsky, expressing his desire to settle in the Holy Land (ibid. p. 101), is none other than [Rabbi] Ze’ev Wein a”h, father of Rabbi Berel Wein shelit”a. Rabbi Ze’ev Wein (1906-2004), a disciple of Rabbi Shkop, went on to study in Rav Kook’s Merkaz Harav in Jerusalem. He served for many years as a distinguished rabbi in Chicago.

Rabbi Shim‘on Shkop was famous for his method of “higayon” (logic), displayed in his magnum opus, Sha‘arei Yosher. (Rabbi Hershel Shachter shelit”a revealed to this writer [BN] that his father-in-law, Rabbi Yeshayah Shapiro, a rosh yeshivah at Torah Vodaath in Brooklyn, was instrumental in writing that work.)

This is not the place to discuss in any depth the differences between Rabbi Shim’on Shkop’s method and that of Rabbi Hayyim Brisker and his heirs. Two anecdotes should suffice. The Briskers quipped that Rabbi Shim‘on “had looked at the world and created the Torah” (“Istakel be-‘alma u-vara ’oraita”), a reversal of the Zohar’s adage, “[God] looked at the Torah and created the world” (“istakel be-’oraita u-vara ‘alma”). On one occasion, Rabbi Yitshak Ze’ev Soloveitchik (“Reb Velvel,” known as the “Brisker Rov,” for he inherited from his father Rabbi Hayyim the rabbinate of Brisk) met Rabbi Shim‘on Shkop and told him: “I removed from your student Rabbi Leib Malin the last sinew (gid) left from your teaching.” (The imagery is that of deveining or nikkur. Reb Velvel used the Yiddish verb, “treiberen.”) Both anecdotes were heard from Rabbi Shelomo Fisher shelit”a of Jerusalem.

[22] In 1895, Rav Kook left the town of Zeimel for the large city of Bausk, Latvia.

[23] Rabbi Ze’ev Wolf Turbowitz, Ziv Mishneh (Warsaw, 1904). The author has the rather unique distinction of viewing Maimonides as a kabbalist and finding kabalistic “sources” for his rulings. (Similarly, the introduction to the Warsaw 1896 edition of Tif’eret Ziv demonstrates the author’s proficiency in Lurianic kabbalah.) Though not unique in this respect, Rabbi Turbowitz is perhaps the most outspoken proponent of this peculiar methodology of studying Maimonides’ Mishneh Torah. Another Maimonidean commentator who occasionally resorts to this method of sourcing is Rabbi Joseph Rosen (the Rogatchover Gaon). See his Tsafnat Pa‘neah, Hil. ‘Avodah Zarah 12:6. Nowadays, Rabbi Hayyim Kanievsky’s Kiryat Melekh is replete with references to Zohar.

[24] b. Horayot 3b; and Rashi, Zevahim 26a, s.v. hikhnis rosho ve-rubo. Both are referenced by Rabbi Turbowitz.

[25] Rabbi Yitshak Arieli was one of the founders of Yeshivat Merkaz Harav and acted in the official capacity of “Mashgiah” of the Yeshivah. He is most famous for his work on the Talmud, ‘Eynayim le-Mishpat. Recently, Aharon Ilan, a great-grandson of Rabbi Yitshak Arieli, brought out his biography, ‘Eynei Yitshak (Jerusalem, 2018).

[26] Rabbi Uri Segal Hamburger was a descendant of Rabbi Moshe Yehudah Segal Hamburger of Novemeste (a disciple of the Hatam Sofer) who came to Erets Yisrael in 1857. Rabbi Uri Segal Hamburger resided in the Old City of Jerusalem until its conquest by the Jordanians in 1948. He penned a memoir of that tragic event, “Be-Tseiti mi-Yerushalayim.” One may find a short biography and a photograph of Rabbi Hamburger in ‘Eynei Yitshak, pp. 136-137.

[27] Rav Kook’s biographer and disciple, Rabbi Moshe Tsevi Neriyah, records that Rav Kook wrote in his haskamah (letter of approbation) to the publishers the following disclaimer: “In our holy land, which thank God, is full of Torah and fear of heaven, the admonition (azharah) is not so necessary. Nevertheless, I have not prevented re-issuing the book, for the benefit of our brothers in the diaspora, in areas where the matter is yet in need of correction” (Sihot ha-Rayah, pp. 189-190). This disclaimer does not appear in the printed version of the haskamah. Where did Rabbi Neriyah obtain it? The mystery was cleared up in the new edition of Sihot ha-Rayah (2015) published after Rabbi Neriyah’s passing. Rabbi Arieli’s son, Prof. Nahum Arieli, wrote to Rabbi Neriyah that he has in his possession much material that went into the making of the Jerusalem edition of Hevesh Pe’er edited by his father, including a “petek” (note) with those exact words. Rabbi Neriyah’s daughter, Tsilah Bar-Eli, granted Aharon Ilan permission to include a facsimile of Nahum Arieli’s letter to her father (on stationery of Bar-Ilan University) in the biography of Rabbi Arieli, ‘Eynei Yitshak, p. 139.

[28] Rabbi Arieli’s promised “Kuntres Aharon” was never published. Remnants of the manuscript are in the possession of his heirs. Rabbi Neriyah speculated that financial considerations prevented its publication in Hevesh Pe’er. See ‘Eynei Yitshak, p. 138, n. 102.

[29] On the inside of the book, Rabbi J. Kesler’s address is given as: “146 Beach 74th Street, A[r]verne, Long Island.”

[30] It is important to note that the two collections do not overlap. The responsa on Orah Hayyim that appeared in the Warsaw 1896 edition of Tif’eret Ziv, were not included in the Brooklyn 1939 edition. In their stead, appear more recent responsa on Orah Hayyim. In terms of sheer quantity, the second collection by far outstrips the first. The first Warsaw edition has 122 pages; the second Brooklyn edition, 488 pages.

[31] “Mele’im Ziv,” 2a-b.

[32] “Mele’im Ziv,” 2b-2c.

[33] “Mele’im Ziv,” 2d.

[34] “Mele’im Ziv,” 3a.

[35] “Mele’im Ziv,” 3a-b.

[36] The facsimile occurs in Rabbi Kesler’s introduction to the book on p. 7. It is transcribed in “Mele’im Ziv,” 3b.

If not for the evidence of the facsimile, it would indeed be difficult to accept that Rav Kook once entertained even the remote possibility of invoking the principle of rubo ke-khulo in this regard.

[37] To this day, Lubavitcher Hasidim wear very large tefillin.

[38] “Mele’im Ziv,” 3b-c.

[39] “Mele’im Ziv,” 3d.

In 1893, ADeReT left the community of Ponevezh to assume the rabbinate of Mir.




Mishloah Manot: An Insight of the Rav zt”l

Mishloah Manot: An Insight of the Rav zt”l
By Nathaniel Helfgot

Rabbi Helfgot is Chair of the Dept. of Torah SheBaal Peh at SAR High School and rabbi of Congregation Netivot Shalom in Teaneck, NJ. He has served as editor of Or-Hamizrach and associate editor of The Meorot Journal. He has written and edited a number of sefarim and volumes including  Divrei Berakha U-Moed: Iyunim Be-Nosei Berakhot U-Moadim (Yeshivat Har Etzion, 2002),  Community, Covenant and Commitment: Selected Letters and Communications of Rabbi Joseph B. Soloveitchik (Toras HoRav Foundation, 2005), The YCT Rabbinical School Companion to Sefer Shmuel  (Ben-Yehuda Press, 2006), Mikra and Meaning: Studies in Bible and Its Interpretation (Maggid Publishers, 2012), Al Saf Ha-Aretz (Maggid Publishers, 2014)

One of the abiding contributions of Rabbi Joseph B. Soloveitchik , the Rav zt”l, to halakhic thought was the introduction of the notion that there exists a category of mitzvot that though expressed in external action (maaseh ha-miztvah) is geared to fulfillment in the inner recesses of the heart and soul (kiyum she-ba-Lev). The external act is meant to engender and lead or in other instances to be a concrete expression of an inner emotional experience. Most famously the Rav developed these notions in relationship to the areas of aveilut, simchat yom tov and the experience tefillah and  teshuvah.  Rabbi Reuven Ziegler has noted that the Rav himself, (or in citations by students) used this distinction in print in relation to fifteen distinct mitzvot[1].
I would like to add one more to the list based on two unpublished letters of the Rav. In the year 2000 when I was deep into my research on the letters of the Rav zt”l for the volume that would be published in 2005 entitled Community, Covenant and Commitment : Selected Letters and Communications of Rabbi Joseph B. Soloveitchik )Toras HaRav Foundation-Ktav, 2005), I received copies of a number of letters that the Rav sent to Mr. Aaron Schreiber z”l in the mid 1950’s and early 1960’s.[2]  Mr. Schreiber z”l was a resident of the West Side of Manhattan and an active and devoted member of  the Rav’s celebrated weekly Talmud shiur for the general community held each Tuesday night at the Moriah Shul on West 80th street from  1952 through early 1980. The short letters were notes of good wishes and greetings for Rosh Hashanah and other events and thus not published in the volume mentioned above.
In two of these letters the Rav argued that the mitzvah of משלח מנות  also fell into the paradigm of maaseh ha-mitzva and kiyum she-ba-lev.
Below are the texts of the letters (including the original spellings):
1.                                                                                                             עשרה באדר שני, תשי”ד
                                                                                                                March 14, 1954
Dear Mr. and Mrs. Schreiber:
Thank you so much for the beautiful  basket of fruit which you sent us for Purim. We appreciate greatly the thought behind your kind gesture. As an attentive and intelligent participant in our weekly class, Mr. Schreiber, you certainly recall my remark about a unique group of mitzvoth which display a dual aspect; the technical performance asserts itself in a physical deed whereas the intrinsic content of the mitzvah expresses itself in a state of mind, a thought, a feeling or an emotion.

I believe that the precept of משלח מנות belongs to this category of  dual mitzvoth-the actual sending or giving of the present is an external act, in itself irrelevant, yet the full sublime meaning of it is attained in the manifestation of warm -hearted and sincere friendship. For such sentiments I am always very thankful.  Mrs. Soloveitchik  joins me in wishing you a very happy and joyous Purim.

                                                                       With kindest personal regards, I remain
                                                                       Sincerely yours
                                                                        Joseph Soloveitchik
שמחת פורים וחדות ד’ מעוזכם!
2.                                                                                                                                             
                                            יום שני, יג’ אדר, זמן קהלה תשט”ו                                                                                
  Dear Mr. Schreiber:
     We received the basket of candy which you sent to us for Purim. Permit me to convey to you and to Mrs. Schreiber our sincerest thanks for remembering us at this time of the year. The Halachah has introduced the  practice of  משלח מנות  as an objective symbol of a subjective feeling, as an expression of a sentiment, as a manifestation of friendship, the greatest of all gifts that human beings can bestow upon each other. As such we cherish your present  and are thankful for it.

                                                                    With kindest personal regards to you and Mrs. Schreiber, I remain
                                                                          Sincerely yours,
                                                                          Joseph Soloveitchik
                    


[1] Majesty and Humility (Urim, 2012) pg. 86-87.
[2] My thanks to his son Mr.  Joel Schreiber for sharing the letters with me at that time.



The Date of the Exodus: A Guide to the Orthodox Perplexed

The Date of the Exodus: A Guide to the Orthodox Perplexed [1] by Mitchell First

A pdf of this post can be downloaded here, or viewed here.

The Exodus is arguably the fundamental event of our religion. The Sabbath is premised upon it, as are many of the other commandments and holidays. Yet if one would ask a typical observant Jew “in what century did this Exodus occur?,” most would respond with a puzzled look. The purpose of this article is to rectify this situation. Admittedly, the date of the Exodus and the identity of the relevant Pharaoh are difficult questions. The name of the Pharaoh is not provided in the Bible. One scholar has remarked:[2]

The absence of the pharaoh’s name may ultimately be for theological reasons. The Bible is not trying to answer the question “who is the pharaoh of the exodus” to satisfy the curiosity of modern historians. Rather, it was seeking to clarify for Israel who was the God of the exodus.[3]

Nevertheless, there have been some important developments in recent decades which warrant this post. Part I: The Date of the Building of Solomon’s Temple According to 1 Kings 6:1, 480 years elapsed from the Exodus to the building of the First Temple in the 4th year of the reign of Solomon.[4] This suggests that a first step towards dating the Exodus would be obtaining the BCE date for the building of the First Temple.[5] When books published by ArtScroll and other traditional Orthodox publishers provide a date for the building of the First Temple, the date they provide will usually be around 831 BCE.[6] Unfortunately, this date is far off. The date for the building is approximately 966 BCE. Why is there such a discrepancy? ArtScroll and the other traditional Orthodox publishers will provide a date around 831 BCE because that is the date for the building of the First Temple that is implied from rabbinic chronology. 831 BCE is the date that is arrived at after subtracting from 70 CE: 1) the 420 years which rabbinic chronology assigns to the Second Temple period, 2) the 70 years between the Temples, and 3) the 410 years which rabbinic chronology assigns to the First Temple period.[7] (In this calculation, one arrives at 831 BCE and not 830 BCE, because there is no year zero between 1 BCE and 1 CE.) But there are two problems with this calculation: 1. The Second Temple period spanned 589 years, not 420 years. I have addressed this extensively in my book, Jewish History in Conflict (1997), and will only touch upon it briefly here: The Tanach does not span the entire Persian period, which lasted about 207 years (539-332 BCE). Only some of the kings from the Persian period are included in Tanach.[8] The rabbinic figure of 420 years for the length of the Second Temple period probably originates with R. Yose b. Halafta of the 2nd century C.E., who was the author or final editor of Seder Olam.[9] When R. Yose had to establish a length for the Second Temple period, he did not have complete information. In assigning a length, he decided to utilize a prediction found at Daniel 9:24-27. Here, there is a prediction regarding a 490 year period, but the terminii of this 490 year period are unclear. For a variety of reasons, R. Yose decided to interpret the 490 year period as running from the destruction of the First Temple to the destruction of the Second Temple. After subtracting 70 years for the period between the Temples, he was left with only 420 years to assign to the Second Temple period. This forced him to present a chronology with a shorter Persian period than he otherwise would have.[10] (Even so, he probably did not believe that the Persian period spanned anything close to two centuries.) 2. The First Temple period spanned approximately 380 years (c. 966-586 BCE), not 410 years. The First Temple was destroyed in 586 BCE[11] (and not 421 BCE, as implied by rabbinic chronology). It was built in the 4th year of Solomon. The BCE dates for the reigns of Solomon and the other First Temple period kings can be calculated because of the interactions between some of our kings and some of the Egyptian and Assyrian kings.[12] For example, the Tanach tells us (I Kings 14:25) that king Shoshenk (=Shishak) of Egypt invaded Jerusalem in the 5th year of Rehavam. Based on Egyptian sources, this invasion can be dated to 926 or 925 BCE. Assuming we (arbitrarily) utilize the 925 BCE date and assuming that Rehavam followed an accession-year dating system,[13] this means that the year Rehavam acceeded to the throne (=the year Solomon died), would have been approximately 930 BCE. Solomon ruled into his 40th year (I Kings 11:42 and II Ch. 9:30) This means that the fourth year of his reign would have been approximately 966 BCE.[14] The Tanach nowhere states that the First Temple period spanned 410 years. If one totals the reigns of the individual kings of Judah during the First Temple period, and adds the last 37 years of the reign of Solomon, one obtains a figure of approximately 430 years.[15] The origin of the 410 year figure is somewhat of a mystery.[16] The large 430 year total is probably due to cases of co-regencies of father and son, or cases where the son ruled while the father was still alive but not functionally reigning. In these cases, the Tanach has sometimes provided the full amount of years that each king reigned, even if only nominally, despite the overlap.[17] —- Once we realize that the First Temple was built in approximately the year 966 BCE, we can date the Exodus, based on I Kings 6:1, to approximately the year 1446 BCE.[18] If so, Thutmose III (1479-1425) would be the Pharaoh of the Exodus.[19] Part II. Must We Accept the 480 Year Figure Found at I Kings 6:1?[20] Two separate questions are implied here: 1. Are we, as Orthodox Jews, required to accept this figure found in the book of Kings? 2. What evidence supports and contradicts this figure? I am not going to address the first question. This kind of question has been discussed elsewhere.[21] (My book includes much discussion of whether Orthodox Jews are required to accept the 420 year tradition for the length of the Second Temple period. But admittedly that is a different issue, because only a rabbinic tradition is involved.) As to the second question, the 480 year figure is roughly consistent with a 300 year figure utilized by Yiftah, one of the later Judges, in a message he sends to the king of Ammon (Judges 11:26):

While Israel dwelt in Heshbon and its towns, and in Aror and its towns, and in all the cities that are along by the side of the Arnon, three hundred years, why did you not recover them within that time?

But what happens when we compare the 480 figure with the data found in the books of Joshua, Judges and Samuel? The specific years mentioned in the book of Judges (8, 40, 18, 80, 20, 40, 7, 40, 3, 23, 22, 18, 6, 7, 10, 8, 40, and 20) total 410.[22] To calculate the period from the Exodus to the 4th year of Solomon, one must add to this: -40 years for the desert wandering; -a length for the period the Israelites were led by Joshua, and after his death, by the elders; [23] -a length for the judgeship of Shamgar; -40 years for the judgeship of Eli (I Sam. 4:18);[24] -a length for the judgeship of Samuel;[25] -a reasonable length for the reign of Saul;[26] -40 years for the reign of David (II Sam. 5:4-5, I Kings 2:11); and – the first 3 years of Solomon. If one does this, one arrives at a sum greater than 480 for the period from the Exodus to the 4th year of Solomon. (But to the extent that some of the numbers in the book of Judges can be viewed as overlapping,[27] the discrepancy is reduced.) The 300 year figure utilized by Yiftah can be interpreted as only an approximation. More importantly, the context of the statement suggests that it was only an exaggeration, made with the intent of strengthening the Israelite claim to the land involved. As one scholar writes (exaggeratingly!):[28]

Brave fellow that he was, Jephthah was a roughneck, an outcast, and not exactly the kind of man who would scruple first to take a Ph.D. in local chronology at some ancient university of the Yarmuk before making strident claims to the Ammonite ruler. What we have is nothing more than the report of a brave but ignorant man’s bold bluster in favor of his people, not a mathematically precise chronological datum.

The 480 figure, in its context, does sound like it was meant to be taken literally.[29] But it has been argued that it was only a later estimate based on mistaken assumptions.[30] Moreover, we have no other evidence that the Israelites in the period of the Judges and up to the time of Solomon were keeping track of how many years it had been since the Exodus. There was a time when there was significant evidence in support of a 15th century BCE Exodus. For example: ° When Yeriho was excavated in the 1930s by John Garstang, he found a city wall that he estimated to have collapsed around 1400 BCE. He also excavated an area which was destroyed in part by fire, and dated this destruction to around 1400 BCE.[31] But Kathleen Kenyon, excavating two decades later, showed that the collapsed wall was from about 1000 years earlier,[32] and that the destruction and conflagration that Garstang had dated to 1400 BCE should in fact be dated to around 1550 BCE.[33] ° The volcanic eruption that occurred long ago on the Mediterranean island of Santorini[34] might explain most of the ten plagues and the parting of the yam suf.[35] This was the second largest eruption in the past four millenia, and there is no question that it had an impact as far away as Egypt.[36] This eruption had traditionally been dated to around 1500 BCE. But recent radiocarbon and other scientific dating now strongly suggest that this eruption took place in the middle or late 17th century BCE.[37] There is much circumstantial evidence against a 15th century BCE Exodus: ° The implication of the book of Exodus is that the Israelites, in the northeastern part of Egypt, were not far from the capital.[38] But in the period from 1550- 1295 BCE, the Egyptian capital was located in a region farther south, at Thebes.[39] It was only beginning with Seti I (1294-1279) that an area in the northeastern part of Egypt began functioning as the Egyptian capital, when Seti I built a palace there.[40] ° After the Six-Day War and additional areas came under Israel’s control, Israeli archaeologists were able to study much new territory that had been part of ancient Israel. Their studies show that the period that Israelite settlements began to appear in the land was the late 13th and early 12th centuries BCE, not the 15th and 14th centuries BCE.[41] ° Scores of Egyptian sources from 1500-1200 BCE have come to light that refer to places and groups in Canaan.[42] Yet there is no reference to Israel or to any of the tribes until the Merneptah Stele from the late 13th century BCE.[43] (The Merneptah Stele will be discussed below.) ° The Philistines appear as a major enemy of Israel during the period of the Judges,[44] appearing in chapters 3, 10 and 11 of the book of Judges.[45] But they only arrived in the land of Canaan around the 8th year of Ramesses III (=1177 BCE).[46] ° Egypt is never mentioned as one of the oppressors against whom Joshua or a leader in the book of Judges fought. This would be very strange for a conquest commencing around 1400 BCE. Egypt seemed to have exerted strong control over the land of Canaan at this time and for the next 200 years.[47] Part III. Most Likely, the Relevant Pharaohs are Ramesses II (1279-1213) and Merneptah[48] (1213-1203) We have already observed that, archaeologically, the period that Israelite settlements began to appear in the land is the late 13th and early 12th centuries BCE. This suggests that we should be looking in the 13th century BCE for our Pharaoh of the Exodus. Moreover, Exodus 1:11 tells us that the Israelites built store cities (arei miskenot) called Pitom andרעמסס .[49] Since the latter is an exact match to the name of a Pharaoh, this suggests that the Pharaoh who ordered this work (=the Pharaoh of the Oppression) bore this name. No Pharaoh bore this name until the 13th century BCE. The first to do so was Ramesses I. But he only reigned sixteen months (1295-94). Thereafter, after the reign of Seti I, Ramesses II reigned for over six decades. [50] Since Ramesses I only reigned sixteen months, while Ramesses II reigned over six decades, it is much more likely that the latter is the Pharaoh we should be focusing upon. Moreover, archaeology has shown that Ramesses II was responsible for building a vast city called Pi-Ramesse, which would have required vast amounts of laborers and brick.[51] Ramesses I, on the other hand, is not known to have built any cities.[52] Exodus 2:23 tells us that the Pharaoh of the Oppression died. If Ramesses II was the Pharoah of the Oppression, the Pharaoh of the Exodus would be his successor, Merneptah.[53] But there is problem with this scenario. The Stele of Merneptah,[54] dated to his 5th year, refers to “Israel”[55] as one of the entities in the region of Canaan that Merneptah boasts of having destroyed.[56] This implies that Israel was already a significant entity in the land at this time. The pertinent section of the Stele reads: [57]

The princes lie prostrate… Not one lifts his head among the Nine Bows.[58] Destruction for Tehenu! Hatti is pacified Cannan[59] is plundered with every evil Ashkelon is taken; Gezer is captured; Yanoam is made non-existent; Israel lies desolate; its seed[60] is no more; Hurru has become a widow for To-Meri; All the lands in their entirety are at peace…[61]

If the Exodus was followed by a 40 year period of wandering in the desert, and all of the Israelites entered Israel in the same stage, it would be impossible for Merneptah to have been the Pharaoh of the Exodus, since there was already an entity called Israel in the land of Canaan in the 5th year of his reign. Of course, one approach is to view Ramesses II as both the Pharaoh of the Oppression and the Pharaoh of the Exodus, and to treat verse 2:23 as an erroneous detail that somehow made its way into our official tradition. Obviously, we would like to avoid such an approach. Interestingly, there is a rabbinic view that treats the death mentioned at 2:23 euphemistically. According to this midrashic rabbinic view, verse 2:23 did not mean that the Pharaoh died; it only meant that he became leperous.[62] Identifying the Pharaoh of the Oppression with the Pharaoh of the Exodus is at least consistent with this rabbinic view.[63] A different solution is to postulate that some Israelites never went down to Egypt, and that these are the Israelites referred to by Merneptah. Although we are not used to thinking in this manner, there is perhaps some evidence in Tanach for such an approach.[64] Other solutions view the Israelites referred to by Merneptah as Israelites who left Egypt before the enslavement began, or who were enslaved but left Egypt in an earlier wave. Rabbi J. H. Hertz took the first of these approaches, and his comments (although written in the 1930’s) bear repeating: [65]

[If the reference in the Stele is to Israelites], then it refers to the settlements in Palestine by Israelites from Egypt before the Exodus… From various notices in I Chronicles[66] we see that, during the generations preceding the Oppression, the Israelites did not remain confined to Goshen or even to Egypt proper, but spread into the southern Palestinian territory, then under Egyptian control, and even engaged in skirmishes with the Philistines. When the bulk of the nation had left Egypt and was wandering in the Wilderness, these Israelite settlers had thrown off their Egyptian allegiance. And it is these settlements which Merneptah boasts of having devastated during his Canaanite campaign. There is, therefore, no cogent reason for dissenting from the current view that the Pharaoh of the Oppression was Rameses II, with his son Merneptah as the Pharaoh of the Exodus.

—– If we view the entity “Israel” in the Stele as representing the body of Israelites who came out of Egypt in the main Exodus, the matter of the determinative sign used for “Israel” becomes significant. The name “Israel” is marked with a determinative sign that differs from the determinative sign used for all the other city-states and lands in this section. All of the others[67] are accompanied by the determinative sign for city-state/land/region, while “Israel” is accompanied by the determinative sign for “people.” This could mean that the people of Israel were viewed as having arrived in Israel only recently and as having not yet settled down. This interpretation of the sign would support the view that the Exodus occurred only shortly before the time of the Stele, i.e., in the 13th century BCE.[68] Alternatively, the sign could mean only that the people of Israel were viewed as a nomadic people, or as a people that were settled in scattered rural areas but not as a city-state.[69] The implication of the different determinative sign for “Israel” has been much debated.[70] —– A key issue that needs to be addressed is how a 13th century BCE Exodus squares with the book of Joshua and its listing of various sites in Canaan that were conquered by the Israelites. We would like to know, for each site,[71] if there is evidence of people having occupied the site in the 13th and 12th centuries BCE (so that they could have been there for the Israelites to defeat), and whether or not there is evidence of a 13th or 12th century BCE destruction at the site.[72] I cannot discuss every site included in the book of Joshua, but I will briefly discuss four of them: [73] °Hazor: The archaeological evidence indicates that there was an occupation at Hazor which was terminated by a destruction in the latter half of the 13th cent. BCE.[74] Evidence of a conflagration as part of this destruction has also been found. Joshua 11:11 had referred to a destruction by conflagration at Hazor. °Lachish: The archaeological evidence indicates that there was an occupation at Lachish which was terminated by a destruction around 1200 BCE, and an occupation which was terminated by a destruction in the reign of Ramesses III (1184-1153 BCE).[75] °Ai (= Et-Tell). The archaeological evidence indicates that this area was entirely deserted from around 2400 BCE to around 1200 BCE, when a new smaller occupation seems to have begun peacefully.[76] °Yeriho: The archaeological evidence indicates that there was a conflagration and destruction at Yeriho in approximately 1550 BCE.[77] There was minimal occupation thereafter, without any wall, in the period from about 1400-1275 BCE.[78] There is no evidence of any occupation in the period from about 1275-1100 BCE.[79] Thus, the evidence from Hazor and Lachish is consistent with a 13th century BCE Exodus, but the evidence from Ai and Yeriho is not. But Et-Tell may not have been the Biblical Ai; many other sites for Ai have been suggested.[80] With regard to Yeriho, it may have only been a small fort in the 13th century BCE, with only a minor wall,[81] and the evidence of this minor occupation and destruction may have eroded away over the centuries.[82] The book of Joshua never calls Yeriho a “large” city.[83] —- Finally, a few other matters need to be discussed in connection with attempting to identify the relevant Pharaohs as Ramesses II and Merneptah: °Exodus 7:7 records that Moses was 80 years old when he first spoke to Pharaoh. If the Pharaoh of the Oppression was Ramesses II, and Moses was born shortly after he began to reign in 1279 BCE, Ramesess II, Merneptah and Amenmesses (the subsequent Pharaoh) would all have died by the time Moses was 80.[84] (The reigns of Ramesses II, Merneptah, and Amenmesses total approximately 79 years). Yet the book of Exodus only records the death of one Pharaoh between the beginning of the Oppression and the Exodus. A response is that we do not have to make the assumption that Moses was born after Ramesses II began to reign and that Ramesses II was the Pharaoh who ordered the male infants thrown into the river. We can understand the decrees against the Israelites to have been enacted in stages by separate Pharaohs, and assume that the book of Exodus oversimplifies matters in portraying only one Pharaoh of the Oppression. The import of Exodus 1:11 can be that the Israelites eventually built or completed the store cities of Pitom and Ramesses under Ramesses II.[85] ° The 14th chapter of Exodus and Psalms 106:11 and 136:15 can be read as implying that even the Pharaoh drowned.[86] But the mummies of both Ramesses II and Merneptah (and of nearly every Pharaoh from the New Kingdom[87]) have been found,[88] and their examination suggests that Ramesses II died from old age[89] and that Merneptah died from heart trouble.[90] Moreover, if all the Egyptians at the scene drowned, it would have been unlikely that the body of a drowned Pharaoh would ever have been recovered. A response is that one can easily understand the 14th chapter of Exodus and the above verses from Psalms as not necessarily implying that the Pharaoh actually entered the water.[91] ° The fact that the book of Ruth (4:20-22) records David as being only the sixth generation from Nahshon can be reconciled with a 13th century BCE Exodus. On the other hand, the list of high priests that the Tanach provides from Aaron to the time of Solomon is longer,[92] and the geneaology of Samuel that the Tanach provides is even longer.[93] Thus, the evidence from the geneaological lists in Tanach is inconsistent. [94] Part IV. A Brief Response to “Exodus Denial” A mainstream view in scholarship today is that all or most of the Israelites originated in Canaan.[95] If a portion of the Israelites were slaves in and fled from Egypt, it is argued that they were only a small portion. “Exodus Denial” has infected the new Encyclopaedia Judaica as well.[96] The archaeological evidence for the theory that all or most of the Israelites originated in Canaan is very speculative.[97] Archaeology has been able to document a large increase in population in the central hill country of Canaan commencing at the end of the 13th century BCE,[98] and to provide grounds for identifying this new population with early Israel.[99] But determining where this increased population came from is a much more difficult task.[100] A main reason the occurrence of an Exodus is disputed is the lack of Egyptian records recording a story of an enslavement of Israelites and their flight.[101] But we do not have narrative history works from the times of the possible Pharaohs of the Exodus. Nor, with regard to the 13th century BCE Pharaohs, do we have their administrative records. As the noted Egyptologist Kenneth Kitchen has remarked:

As the official thirteenth-century archives from the East Delta centers are 100 percent lost, we cannot expect to find mentions in them of the Hebrews or anybody else.[102]

In the limited 15-13th century BCE material from the Egyptian palaces and temples that has survived, there is evidence that foreign workers and captives were employed in building projects; that the supervision of the work was two-tiered;[103] that straw was used as an ingredient in the bricks; that workers were faced with brick quotas; and that workers were supervised by taskmasters threatening to beat them with rods.[104] The one thing we are lacking is a document or relief from Egypt referring to slaves or workers as “Israel.” But even though the Merneptah Stele refers to our ancestors outside the land of Egypt as “Israel”, this does not mean that Egyptians would have used this term for our ancestors as slaves inside Egypt. Levantines in Egypt would typically be described as “Asiatics” (Egyptian: ‘amw), not by specific affiliations.[105] Moreover, our ancestors may have been intermingled with native Egyptians and other foreign groups while enslaved. Leiden Papyrus 348, a decree by an official of Ramesses II, does record that grain rations were given to: “the apiru who are dragging stone to the great pylon (=gateway)” of Ramesses II.[106] There was a time when a mainstream scholarly position was that apiru was a reference to the Israelites. Now most scholars believe that the term is a general term for a class of renegades or displaced persons. As has been noted, the Biblical Hebrews (=Israelites) may have been apiru, but not all apiru were Biblical Hebrews.[107] It has often been pointed out that it is unlikely that any people would invent a tradition of slavery in another land. Moreover, references to the Exodus are numerous in Tanach.[108] Instead of looking at Egyptian history for references to the Israelite enslavement in Egypt, some scholars take a different approach to proving the enslavement. They attempt to find evidence in the Bible for knowledge of Egyptian practices and beliefs.[109] For example, all of the following suggest that there was an Israelite enslavement in Egypt: -The Biblical knowledge of the details of the slaveworking process in Egypt (e.g., two tiers of supervision, bricks from straw, and brick quotas). -The fact that some of the Biblical plagues seem to reflect a negation of Egyptian deities. -The fact that some of the Biblical stories seem to be a polemical response to Egyptian beliefs. For example, the emphasis on the hardening of the Pharaoh’s heart seems to be a response to an Egyptian belief in the lightness of an innocent heart.[110] The use of the phrase חזקה ביד seems to be a response to the use of a similar term in Egypt to describe the power of the Pharoah.[111] The story of the saving of the baby Moses is perhaps a response to an Egyptian mythical birth story involving Horus.[112] -Many words in the Bible are of Egyptian origin. I will conclude with another quote from Kitchen:[113]

The Egyptian elements suggest a direct knowledge of how Egyptian labor functioned; the magical practices and the plagues are closely tied to specially Egyptian conditions… The Exodus route via Pi-Ramesse and Succoth fits the 13th century B.C… The lack of any explicit Egyptian mention of an Exodus is of no historical import, given its unfavorable role in Egypt, and the near total loss of all relevant records in any case…The sudden increase in settlement in 12th century [BCE] Canaan is best explained by an influx of new people (not needfully a military conquest…)…That they had ultimately come from Egypt is not proven but (in light of the long and pervasive biblical tradition and good comparative data) is by far the most logical and sensible solution.[114]

End Note There are Egyptian legends from as early as the 4th and 3rd centuries BCE which refer to a mass departure of Jews from Egypt in ancient times. One could argue that these reflect independent Egyptian traditions confirming the Exodus. But more likely, these legends originated as Egyptian corruptions of an Exodus tradition that originated with the Jews, or as Egyptian polemical responses to such a tradition. I will now describe these Egyptian legends. Hecateus of Abdera, a 4th century BCE Greek historian, tells us that a pestilence arose in Egypt in ancient times. The common people ascribed it to the workings of a divine agency. The Egyptian observances had fallen into disuse due to the many strangers in their midst. To remedy the situation, the people decided to expel the foreigners. The most outstanding of the foreigners ended up in Greece; the majority of the foreigners were driven into Judea, and were led by Moses.[115] Hecateus is known to have traveled to Egypt and to have written a book about the ancient Egyptians. Most likely, he heard this story in his travels in Egypt. Manetho, a 3rd century BCE Egyptian historian, tells us two Exodus stories. The first story[116] begins with an erroneous equation of the Israelites with the Hyksos invaders.[117] Manetho reports that there was a certain shepherd-people called Hyksos who came from the east and ruled Egypt for several hundred years. Eventually, the Egyptian king Misphragmouthosis defeated them and confined them to a place called Auaris. His son, king Thoummosis (whom he later calls Tethmosis), concluded a treaty with them.[118] Under the treaty, the Hyksos were allowed to evacuate Egypt unharmed. Manetho continues:

Upon these terms no fewer than two hundred and forty thousand, entire households with their possessions, left Egypt and traversed the desert to Syria. Then, terrified by the might of the Assyrians, who at that time were masters of Asia, they built a city in the country now called Judaea, capable of accomodating their vast company, and gave it the name of Jerusalem. After the departure of the pastoral people from Egypt to Jerusalem, Tethmosis, the king who expelled them from Egypt, reigned twenty-five years and four months… [119]

The second story[120] is one which Manetho admits is less reliable.[121] In this story, the king involved is named Amenophis.[122] The following is one scholar’s summary of this story:[123]

Amenophis desired to behold the gods and received an oracle that he would attain his wish if he purified the land of lepers. The king gathered them and sent them to forced labor in the quarries, then gave them the city of Avaris as their territory, their number amounting to eighty thousand. After they had fortified themselves in Avaris, they rebelled against the king and elected a priest of Heliopolis by the name of Osarseph as their leader.[124] Osarseph commanded the lepers to cease worshipping the gods, also ordering them to slaughter and eat the sacred animals of the Egyptians. He further forbade them to associate with people not of their persuasion. He fortified Avaris with walls and sent an invitation to the descendants of the Hyksos who lived in Jerusalem to come to his aid in the conquest of Egypt. They obeyed him willingly and came to Egypt to the number of 200,000. King Amenophis fled in fear to Ethiopia, taking with him the sacred animals, and stayed there thirteen years, as long as the lepers ruled Egypt. The rule was of unparalleled cruelty; the lepers burned down towns and villages, plundered Temples, defiled the images of the gods, converted shrines into shambles and roasted the flesh of the sacred beasts. Ultimately, Amenophis gathered courage to fight the lepers, attacking them with a great host, slaying many of them and pursuing the survivors as far as the frontiers of Syria.

Select Bibliography Galpaz-Feller, Penina. Yitziat Mitzrayim: Mitziyut o Dimyon, 2002. Hasel, Michael G. “Israel in the Merneptah Stela,” Bulletin of the American Schools of Oriental Research 296 (1994), 45-56. Hasel, Michael G. “Merenptah’s Inscription and Reliefs and the Origin of Israel,” in Beth Albert Nakhai, ed., The Near East in the Southwest: Essays in Honor of William G. Dever, 2003, 19-44. Hess, Richard S., Gerald A. Klingbeil, and Paul J. Ray, Jr. eds. Critical Issues in Early Israelite History, 2008. Hoffmeier, James K. Israel in Egypt, 1997. Hoffmeier, James K. “What is the Biblical Date for the Exodus? A Response to Bryant Wood,” Journal of the Evangelical Theological Society 50/2 June 2007, 225-47. Kitchen, Kenneth. “The Exodus,” in Anchor Bible Dictionary, vol. 2, 700-08, 1992. Kitchen, Kenneth. The Reliability of the Old Testament, 2003. Malamat, Abraham. “Let My People Go and Go and Go and Go,” Biblical Archaeological Review Jan-Feb. 1998, 62-66. Wilson, Ian. Exodus: The True Story, 1985.

[1] I would like to thank Sam Borodach, Allen Friedman, and Ari Leifer for reviewing the draft and for their insights. The views expressed here are solely my own.
[2] James K. Hoffmeier, Israel in Egypt (1997), p. 109.
[3] The truth is that the absence of the name of the Pharaoh in the book of Exodus does not appear to be for theological reasons. “Pharaoh” originally meant “great house.” Ibid., p. 87. It began to be used as an epithet for the monarch in the 15th cent. BCE, but it was only in the 10th cent. BCE that the name of the monarch began to be added.
[4] “It was in the 480th year of the children of Israel coming out of the land of Egypt, in the fourth year…of the reign of Solomon over Israel, the house of God was built.” From a parallel passage at II Ch. 3:1-2, it is seen that the sense of the passage in Kings is only that Solomon began the work of the rebuilding at this time.
[5] The fact that the First Temple was built in the year 2928 according to rabbinic chronology does not determine the issue. In order to convert this to a BCE date, one must make assumptions about the lengths of the First and Second Temple periods.
[6] The exact date provided depends on whether 68, 69, or 70 CE is used as the date for the destruction of the Second Temple. 831 BCE is the date arrived at if one uses 70 CE.
[7] The tradition that the First Temple period spanned 410 years is recorded at Tosefta Zevahim 13:3, Yoma 9a and J. Megillah 72d (1:12). The tradition that the Second Temple period spanned 420 years is recorded at Tosefta Zevahim 13:3, Yoma 9a, Arachin 12b, Avodah Zarah 9a, and J. Megillah 72d (1:12). See also Nazir 32b. The earliest source for the 410 and 420 figures is Seder Olam (“SO”). The 420 year figure is explicit in SO chap. 28 and implicit in chap. 30. The 410 year figure is not explicit in SO, but is implicit in its statement in chap. 11 that the period that the Israelites spent in the land, from the time they entered until the time they left, was 850 years. 480 less 40, added to 410, equals 850. The 410 and 420 year traditions are implicit in the accepted Jewish count from creation. The tradition that the exilic period spanned 70 years is recorded at Jer. 25:11-12 and 29:10, Zech. 1:12 and 7:5, and Dan. 9:2.
[8] The Persian period begins with Cyrus and Cambyses, who reigned before the Temple was built in the reign of Darius I. After Darius I, six other major kings ruled until the next Persian king, Darius III, was defeated by Alexander. The Tanach mentions Cyrus, Darius, Achashverosh (=Xerxes), Artachshasta (=Artaxerxes I), and Darius II (see Neh. 12:22). It does not mention any of the Persian kings after this: Artaxerxes II, Artaxerxes III, Arses, and Darius III. (As to Cambyses, his reign is alluded to in the word ve-ad at Ezra 4:5.). In the chronology of SO, the Persian period spanned the reigns of only three Persian kings. See SO, chap. 30.
[9] Yevamot 82b and Niddah 46b
[10] Jewish History in Conflict, pp. 128-137.
[11] Some historians use the date 587 BCE. By my use of the date 586 BCE, I am not intending to take a position on this issue.
[12] See Kenneth Kitchen, “How We Know When Solomon Ruled,” BAR Sept-Oct.2001, pp. 32-37 and 58.
[13] In an accession-year dating system, the partial year in which the king began his reign is not counted as his first year. The prevailing view is that the kings of Judah followed this system. The kings of Israel used non-accession year dating in the tenth and ninth centuries BCE, but changed to accession-year dating in the eighth century BCE. Ibid., p. 35, and Kitchen, On the Reliability of the Old Testament (2003), p. 29.
[14] If the meaning of the verses is that Solomon ruled 40 complete years, i.e., into his 41st year, then his 4th year would have been 967 BCE.
[15] From Rehavam to Tzidkiyahu, the total years of the kings of Judah are 393½. See Divrey ha-Yamim, Daat Mikra edition, vol. 2, appendix, pp. 73-74. Adding another 37 years, for years 4 to 40 of Solomon, yields a total of 430½.
[16] It can be suggested that since there were nineteen kings of Judah from Solomon to Tzidkiyahu (not including two kings who reigned only three months each), it was decided to subtract 19 from 430 years because the last year of each of these kings and the first year of his sucessor would usually have been the same year. But why was 20 subtracted from 430? Moreover, would not the above approach have warranted a subtraction of only 18 years? I would not rule out the possibility that the 410 figure originated with a gematria based on be-zot (בזאת) yavo Aharon (Lev. 16:3). This gematria is found in a few classical sources, e.g., Baraita of 32 Rules (M. Margaliot, Midrash ha-Gadol to Genesis, p. 37), Lev. Rabbah 21:9, Numbers Rabbah 18:21, Pesikta Rabbati, chap. 47, Pesikta de-Rav Kahana, p. 177a (ed. Buber), and Midrash ha-Gadol to Lev. 16:3. Some of these sources record it in the name of a 3rd cent. Palestinian Amora, R. Levi. But it could have been in existence at the time of SO. The suggestion is made at Divrey ha-Yamim, Daat Mikra edition, vol. 2, appendix, p. 72, that the Sages wanted to create a chronology in which the length of time from the entry into the land until the departure spanned exactly 17 jubilee cycles (480-40, plus 410 equals 850). But there is no compelling reason that the Sages should have desired to adopt such a scheme, unless one theorizes that there was a desire to create a chronology which would approximately fit ונושנתם (852) of Deut. 4:25. But this seems very farfetched. If the chronology originated based on a gematria, an origin based on the exact fit of בזאת seems more likely. See also the comments at p. 72, n. 16.
[17] See Divrey ha-Yamim, Daat Mikra edition, vol. 2, appendix, pp. 70-72. As stated here, if we focus on the period from Yehu to the Assyrian exile, and compare the total of the lengths of reigns of the kings of Israel with the total for the kings of Judah, there is a discrepancy of approximately 21 years. The kings of Israel in this period reigned a total 143 years and 7 months, and the kings of Judah reigned a total of 165 years. Obviously, the method of counting lengths of reigns employed in the Judean kingdom was different from the method employed in the Israelite kingdom, and the method employed in the Judean kingdom must have been a more generous one.
[18] But if the Exodus was year one on the 480 count (and not year zero), we should go back only 479 years.
[19] All the dates I have used in this article for the reigns of Pharaohs are taken from Kenneth Kitchen, “Egypt, History of (Chronology),” Anchor Bible Dictionary, vol. 2 (1992), pp. 322-331 (tables at p. 329). A radiocarbon study published in 2010 suggests that these dates should be pushed back a few years. See Science, vol. 328, June 18 2010, pp. 1489-1490 and 1554-1557. Thutmose III was young at the time of his accession. Hatshepsut, who was his stepmother and aunt, served as the acting Pharaoh for the first 22 years of his reign until her death. (Based on I Kings 6:1, the Pharaoh of the Exodus almost turns out to be a woman!)
[20] The Septuagint has a different number here, 440 years.
[21] See, e.g, Shalom Carmy, “A Room with a View, but a Room of our Own,” in Carmy, ed., Modern Scholarship in the Study of Torah (1996), pp. 22-24, and Marc B. Shapiro, “New Writings from R. Kook and Assorted Comments,” seforim.blogspot.com, Parts I and II, 20 Marheshvan, 2010, and Feb. 9 2011. Shapiro cites a few Rishonim who take the position that the long lifespans recorded in the beginning of Genesis are not be taken literally. Mishnah Taanit 4:5 records the 17th of Tammuz as the date of the breaching of the city wall, impliedly with regard to both Temples, while the Tanach (in three separate places) records the 9th of Tammuz as the date of the breaching of the city wall in connection with the First Temple. The view is expressed by an Amora in the Jerusalem Talmud (Taanit 4:5) that the 9th of Tammuz date is not correct, and that the calamaties of the time led to a mistaken date being recorded. This Amora makes a similar observation about a date expressed at Ezekiel 26:1. Admittedly, these verses concern errors of very small lengths of time, not hundreds of years.
[22] See, e.g., Soncino Books of the Bible: Joshua ·Judges (1950), intro. to Judges, p. 153. See also James K. Hoffmeier, “What is the Biblical Date for the Exodus? A Response to Bryant Wood,” Journal of the Evangelical Theological Society 50/2 (2007), p. 227.
[23] Judges 2:7. Joshua himself lived until 110. Judges 2:8. Joshua was described as a naar at Ex. 33:11.
[24] The number 40 is one of the most frequently occurring numbers in the Bible. There are 33 forty-year spans mentioned in the Bible. This is only surpassed by the number of seven-year spans; there are 34 of those. Hoffmeier, What is the Biblical Date, p. 236. By way of contrast, no Egyptian Pharaoh is reported to have reigned 40 years.
[25] According to I Sam. 7:14, Samuel judged Israel until the end of his life.
[26] Despite I Sam. 13:1, which states that Saul reigned only 2 years. See, e.g., the commentaries of Soncino and Daat Mikra to this verse. In the Septuagint, some versions drop verse 13:1 altogether (the first part of the verse is problematic as well), some give Saul a reign of 42 years, and some give him a reign of 31 years. At Acts 13:21, Paul allots 40 years to Saul. See Hoffmeier, What is the Biblical Date, p. 227, n. 8.
[27] Only a limited number of “after him” phrases link successive judges. Probably, many were only regional rulers and some served as contemporaries in different areas. See, e.g., Soncino Books of the Bible: Joshua ·Judges, intro. to Judges, p. 153, Hoffmeier, What is the Biblical Date, p. 228, and Kitchen, On the Reliability, pp. 202-03.
[28] Kitchen, On The Reliability, p. 308.
[29] Even though numbers like 40 and its various multiples could perhaps be interpreted schematically. Umberto Cassuto studied the formulation of numbers in the Hebrew Bible. He concluded that numbers written in ascending order are generally intended to be technically precise figures, while numbers written in descending order are generally non-technical numbers found in narrative passages, poems, and speeches. He writes:

[W]hen the Bible gives us technical or statistical data and the like, it frequently prefers the ascending order, since the tendency to exactness in these instances causes the smaller numbers to be given precedence and prominence.

See Cassuto, The Documentary Hypothesis and the Composition of the Pentateuch, tr. by Israel Abrahams (1961), p. 52. (Cassuto developed this theory in order to refute the view that the explanation for the different orders was a difference in sources.) The number in I Kings 6:1 is written in ascending order (80 + 400).

[30] It has been suggested that the author of this number believed that the period from the Exodus to Solomon spanned 12 generations and just assumed 40 years for the length of each generation. See, e.g., Hoffmeier, What is the Biblical Date, p. 236, Kitchen, On the Reliability, pp. 307-08, and EJ 6:1044-45 and 8:576. (All my citations to the EJ are to the original edition, unless otherwise noted.)
[31] Bryant G. Wood, “Did the Israelites Conquer Jericho?,” BAR March-April 1990, p. 49.
[32] Ibid., pp. 49-50. The walls of Yeriho were destroyed or collapsed from earthquakes many times over the centuries. See Barbara Sivertsen, The Parting of the Sea: How Volcanoes, Earthquakes, and Plagues Shaped the Story of the Exodus (2009), p. 95.
[33] Wood, p. 49. See also Kitchen, On the Reliability, p. 187. A recent radiocarbon estimate agrees with the 1550 BCE dating, dating this destruction to 1571-1529 BCE. Sivertsen, p. 97.
[34] This island was known to the ancient Greeks as Thera. It is near Crete.
[35] E.g., clouds of ash caused the plague of darkness, and a tidal wave (tsunami) caused the parting of the Sea. This suggestion was first made in 1964. Sivertsen, p. 7. In 2006, the suggestion was the subject of a documentary film, The Exodus Decoded, by filmmaker Simcha Jacobovici. (I was initially supposed to appear in this film and be interviewed on the topic of Jewish chronology. But the interview never took place.)
[36] Volcanic ash from Santorini was found in the Nile Delta. Sivertsen, p. 168, n. 28.
[37] Ibid., pp. 23-24. But there are those who still adhere to the later date. See, e.g., Sivertsen, p. 166, n. 3, and there are radiocarbon tests which support this position. For further background to this eruption and the controversy about its date, see the entries in Wikipedia for “Santorini” and “Minoan eruption.” See also Science, vol. 328, June 18 2010, pp. 1489-1490.
[38] For example, the daughter of the Pharaoh of the Oppression found the baby Moses at a site on the Nile. From here, Miriam was easily able to run home to fetch her mother (Ex.2:1-10). Also, the Pharaoh of the Exodus was able to summon Moses and Aaron to his palace in the middle of the night (Ex. 12:30-31).
[39] Nahum M. Sarna, Exploring Exodus (1986), p. 10 and Ian Wilson, Exodus: The True Story (1985), p. 23. The 17th Dynasty operated out of Thebes as well, ruling the southern part of the country, while the Hyksos ruled the northern part of the country from Avaris. Sarna, p. 16.
[40] Wilson, p. 23. Ramesses II built his city and palace at Pi-Ramesse around this earlier palace. Hoffmeier, Israel in Egypt, p. 123. Excavations beginning in the early 1990s at Tell el-Dab‘a/Ezbet Helmi, very close to Pi-Ramesse, have now revealed two palaces which were in use in the period from 1550-1400 BCE. See Manfried Bietak, “The Palatial Precinct at the Nile Branch (Area H),”;. But the main Egyptian capital still seems to have been Thebes in this period.
[41] See Israel Finkelstein, The Archaeology of the Israelite Settlements (1988), p. 353; Israel Finkelstein and Neil Asher Silberman, The Bible Unearthed (2002), pp. 107-115, and William G. Dever, Who Were the Early Israelites and Where Did They Come From? (2003), pp. 97-99, 154-155, and 167. The early Israelite settlements are particularly found in the areas of Ephraim and Menashe. Beginning in 1978, Adam Zertal conducted an extensive survey of the history of the settlement in Menashe. Among his conclusions: -In the period from 1550-1200 BCE, the number of settlements sharply declined in comparision to the period 1750-1550 BCE, with only one quarter of the sites remaining. In the period from 1550-1200 BCE, no new sites were established. -There was a considerable increase in settlements during the period from 1200-1000 BCE. See Ralph K. Hawkins, “The Survey of Manasseh and the Origin of the Central Hill Country Settlers,” in Richard S. Hess et al, eds., Critical Issues in Early Israelite History (2008), pp. 167-68. Those who argue for a 15th century BCE Exodus and Conquest can take the position that the Israelites lived pastorally for their first 200 years, and that this accounts for the lack of archaeological evidence for their settlement. See, e.g., Paul Ray, “Classical Models for the Appearance of Israel in Palestine,” in Critical Issues, p. 93. Such a position is very much out of the mainstream today.
[42] Hoffmeier, What is the Biblical Date, pp. 241-42, based on Shmuel Ahituv, Canaanite Toponyms in Ancient Egyptian Documents (1984).
[43] There are references in Egyptian texts from the 13th and 12th centuries BCE to a place called ’Isr. ’Isr has been equated by some with the Israelite tribe of אשר. See, e.g., Ray, p. 84, n. 3. But the identification should probably be rejected. See Kitchen, Ramesside Inscriptions, vol. 1 (1993), pp. 40-41. Manfred Görg argues that there is an inscription which provides evidence of Israel’s existence in the 15th century BCE. The inscription itself dates to the 13th century BCE, but based on the spellings, Görg suggests the names were copied from a 15th century BCE source. The inscription refers to Ashkelon, Canaan, and a third toponym. The third toponym is only partially preserved. If it is restored to spell “Israel,” the spelling would be slightly different from the spelling of Israel on the Merneptah Stele. Hoffmeier writes that “Gorg’s reading of this name…is plagued by serious linguistic and orthographic problems that preclude it from being Israel.” Hoffmeier, What is the Biblical Date, p. 241.
[44] Ibid., p. 242
[45] Judges 3:31, 10:7 and 13:1.
[46] Kitchen, On the Reliability, pp. 339-340 and EJ 13:399.
[47] In the 12th century BCE, the Egyptian grip on Canaan began to loosen considerably, so the Israelites could have operated with little Egyptian interference. Hoffmeier, What is the Biblical Date, pp. 242-43. According to Lawrence F. Stager, “the Egyptians maintained some control over parts of Canaan until just after the death of Rameses III in 1153 BCE.” See his “Forging an Identity: The Emergency of Ancient Israel,” p. 123, in Michael D. Coogan, ed., The Oxford History of the Biblical World (1998). See also Carol A. Redmount, “Bitter Lives: Israel in and out of Egypt,” Ibid., pp. 117-118.
[48] More recently, scholars have been spelling his name Merenptah. I have followed the traditional spelling. Merneptah was the 13th son of Ramesses II. Ramesses II outlived the first twelve.
[49] A region called רעמסס was mentioned earlier at Gen. 47:11. רעמסס is also mentioned as the place the Israelites began their departure from. See Ex. 12:37 and Num. 33:3,5. As to Pitom, this is the only time this place is mentioned in Tanach. Many suggest it means “the house of Atum” (see, e.g., Hoffmeier, Israel in Egypt, p. 119, and Daat Mikra to Ex. 1:11), in which case we would be looking for a site where the god Atum had a special position. There are various theories as to its location. See Hoffmeier, Israel in Egypt, pp. 119-121. Papyrus Anastasi 6 refers to “the pools of Pithom-of-Merneptah.” Herodotus (2:158), 5th cent. BCE, refers to a town called Patoumos.
[50] There were other Pharaohs named Ramesses thereafter, starting with Ramesses III in 1184 BCE. But a 12th century BCE Pharaoh of the Oppression would considerably compress the period of the Judges, and be egregiously inconsistent with the 480 year and 300 year verses mentioned above. Also, a 12th century BCE Pharaoh of the Oppression followed by 40 years of desert wandering would not fit the archaeological evidence that shows that Israelite settlement began in the late 13th and early 12th centuries BCE.
[51] Kitchen, On the Reliability, p. 255. The city and palace at Pi-Ramesse were built around an earlier palace built at this location by Seti I. Ibid., p. 256. Pi-Ramesse was abandoned as a royal residence around 1130 BCE. I am not assuming that this is the city referred to at Ex. 1:11. But this is possible too.
[52] Kitchen, On the Reliability, p. 255.
[53] It has been suggested that the references to mayan mei neftoah at Joshua 15:9 and 18:15 are to a place that derives its name from Merneptah (and perhaps from his campaign in Palestine, see below). The combination of mayan and mei is redundant and is not attested elsewhere in Tanach. Also, Papyrus Anastasi 3 includes a reference to the “wells of Merneptah” in Canaan. See Kitchen, On the Reliability, pp. 165-66 and Hoffmeier, What is the Biblical Date, p. 243. (In the movie “The Ten Commandments,” Seti I was the Pharaoh of the Oppression, and Ramesses II was the Pharaoh of the Exodus.)
[54] The Stele was discovered in 1896 at Thebes. A fragmentary copy was later discovered at Karnak. At Karnak, the section where “Israel” would have been written has not survived.
[55] The actual reading is: ysri3r (in Egyptian hieroglyphs). Hoffmeier, Israel in Egypt, p. 30 and Michael G. Hasel, “Israel in the Merneptah Stela,” Bulletin of the American Schools of Oriental Research 296 (1994), p. 46. The Egyptian dialect at that time did not have an “l” sound; both the “r” sound and the “l” sound were written with the Egyptian “r”. See Kitchen, “The Victories of Merenptah, and the Nature of their Record,” Journal for the Study of the Old Testament 28 (2004), p. 271. (The Philistines are referred to as prst in Egyptian inscriptions from this era. EJ 13:399.)
[56] This is the earliest reference to the entity “Israel” outside of the Bible. It is ironic that in this first reference, Israel is described as having been destroyed! (The name “Israel” for an individual is known prior to the Merneptah Stele. It is found at Ebla and Ugarit. Hasel, p. 46.) The Stele was probably constructed after a successful military expedition into Palestine by Merneptah’s forces (perhaps led by Merneptah himself.) There is other evidence for such an expedition. For example, Merneptah adopts the epithet “conqueror of Gaza” in a different stele. See Sarna, p. 12, Hasel, p. 55, and Hasel, “Merenptah’s Inscription and Reliefs and the Origin of Israel,” in Beth Albert Nakhai, ed., The Near East in the Southwest: Essays in Honor of William G. Dever (2003), p. 27. Moreover, the reliefs at Karnak are now generally viewed as illustrations of the conquests referred to in the Stele. This further supports the likelihood that there was such an expedition. Ibid. It has been suggested that if the Exodus occurred in the reign of Ramesses II, Merneptah’s expedition may have been a response to the Israelites’ expanding their control in Canaan during the early period of the Judges. Hoffmeier, What is the Biblical Date, p. 243.
[57] The above translation is from D. Winton Thomas, ed., Documents from Old Testament Times (1958), p. 139.
[58] “Nine Bows” is an Egyptian expression for all subjugated peoples. Hasel, Israel in the Merneptah Stela, p. 55.
[59] This can be another term for Gaza, and not the land of Canaan. Hoffmeier, Israel in Egypt, p. 29 (but compare p. 45).
[60] The Egyptian word can mean either human seed or grain. Ibid., p. 45. If the meaning is “grain,” the implication may be that Israel was no longer a military threat to Egypt. Also, one could perhaps infer that Israel was an agrarian society and hence already established in the land. Hasel, Israel in the Merneptah Stela, p. 53.
[61] Sarna writes (p. 12):

[T] he “Nine Bows” are the traditionally hostile neighbors of Egypt; the Tehenu are one of the Libyan peoples; Hatti is the land of the Hittites, now Asiatic Turkey; Ashkelon and Gezer are two southerly Cannanite towns; Yanoam is a town in the north of the country; Hurru , the land of the Hurrians, who are the Biblical Horites, is an Egyptian term for Palestine and Syria. To-Meri is another name for Egypt.

[62] See Exodus Rabbah 1:34, and Targum Jonathan to Ex. 2:23. For a connection between death and leprosy, see Num. 12:12. There is a similar midrashic rabbinic teaching on Isaiah 6:1, a verse that mentions the death of king Uzziahu.
[63] The passage at Exodus Rabbah 1:34 does not state what motivated it to treat the death euphemistically. But a different version of this passage is found at Midrash ha-Gadol to Ex. 2:23. There, additional language is found (underlined below) which helps explain what motivated the euphemistic reading: (Ex. 9:16 ) העמדתיך זאת בעבור ואולם אומר הוא והלא מת וכי (citing Num. 12:12) …כמת והמצורע שנצטרע אלא Given the reliability of Midrash ha-Gadol with respect to its quotations of midrashim (see, E.g., EJ 11:1515), it is reasonable to view the added language as original, and not as a later interpolation. For further possible background to the midrash at Exodus Rabbah 1:34, see Louis Ginzberg, The Legends of the Jews, vol. 5, n. 101, pp. 412-413. Many rabbinic commentaries offer a different explanation of what motivated the euphemistic reading (without being aware of the additional language in Midrash ha-Gadol). The groaning and crying out referred to at verse 2:23 perhaps make no sense if the Pharaoh had died; we would expect an optimistic hope for change. Hence, a euphemistic interpretation of the “death” is called for.
[64] See, e.g., I Chronicles 7:20-24. The events described here imply that Ephraim and his sons and daughter were living in Israel, not Egypt. See Y. Zakovitch and A. Shinan, Lo Kach Katuv be-Tanach (2004), pp. 145-150, and Gary N. Knoppers, I Chronicles 1-9 (The Anchor Bible) (2003), pp. 464-65.
[65] The Pentateuch and Haftorahs (2d. ed. 1975), p. 395 (Exodus-Additional Notes). An interesting suggestion was made by Abraham Malamat. The Bible implies that the Exodus occurred over a relatively brief period, i.e., that it was a “punctual” event. But perhaps it was a “durative” event (=an event which spanned a long period of time), and involved a steady flow of Israelites out of Egypt over hundreds of years. If it was a durative event, the search for a specific date is not the correct approach. All we really should be looking for is the peak period, when Moses was their leader and the highest percentage left. See his “Let My People Go and Go and Go and Go,” BAR Jan.-Feb. 1998, pp. 62-66. A longer version of this article is included in Ernest S. Frerichs and Leonard H. Lesko, eds., Exodus: The Egyptian Evidence (1997).
[66] I believe Hertz is referring to I Chronicles 7:20-24, but he is giving a different interpretation than the one I just suggested.
[67] Specifically: Tehenu, Hatti, Canaan, Ashkelon, Gezer, Yanoam, and Hurru. “Nine Bows” has a bow as a determinative, but this was not a city-state or land.
[68] For example, Sarna writes (p. 13):

[I]t may be concluded that… [at the time of the Stele] the people of Israel was located in Canaan, but had not yet settled down within definable borders. Its presence there was of recent origin, so that the Exodus would have taken place in the course of the thirteenth century BCE.

See also the comments of Lawrence Schiffman in “Making the Bible Come to Life: Biblical Archaeology and the Teaching of Tanach in Jewish Schools,” Tradition 37/4 (Winter 2003), p. 48, n . 19:

The text describes the situation in Canaan in the thirteenth century B.C.E. with Israel alone pictured as a people without a geographical designation. This clearly refers to the period between the invasion and the actual settlement of the various Israelite tribes.

Those advocating an earlier date for the Exodus can make a different argument from the Stele. Since Merneptah felt that the destruction of Israel was something to boast about, Israel must have been a significant entity, one that was long-established in the land.

[69] Hasel, Israel in the Merneptah Stela, pp. 53-54.
[70] See the two articles by Hasel cited previously. See also his “Merenptah’s Reference to Israel: Critical Issues for the Origin of Israel,” in Critical Issues, pp. 47-59.
[71] Of course, there are always questions of whether archaeology has identified the correct site. Even if a name similar to the Biblical name has been preserved at a village or tel, the Biblical name may refer instead to the larger region. Moreover, even if the correct site has been identified, typically only 5% of each site is dug. Kitchen, On the Reliability, p. 183.
[72] But it must be stressed that there is little reason to expect that the victories of the Israelites would have left archaeological traces of destruction in most instances. The Israelite victories over a city and its people are typically described only by the terms ויכה and ויכוה, and the underlying Israelite goal was only to kill the leaders and the inhabitants. The cities themselves were eventually to be occupied by the Israelites. The victories described in the book of Joshua can be viewed mainly as disabling raids. After their victories, the Israelites did not attempt to hold the areas; they remained based at Gilgal. Kitchen, On the Reliability, p. 162. Only in the cases of Jericho, Ai and Hazor does the book of Joshua specify that the city was burnt, something that can be tested for archaeologically. See Kitchen, On the Reliability, pp. 183 and 189-90, and Hoffmeier, Israel in Egypt, pp. 33-44. It has also been observed that the descriptions of the conquests in the book of Joshua are formulaic and use rhetorical language, suggesting that they are somewhat exaggerated. The continuing presence of the Canaanites in Canaan after the time of Joshua is seen from the book of Judges.
[73] A similar analysis must also be conducted with regard to how a 13th century BCE Exodus squares with the cities in Transjordan mentioned in the book of Numbers as conquered by the Israelites (e.g., Arad, Heshbon, Dibon, and Edrei). Compare Kitchen’s analysis, On the Reliability, pp. 190-196 with Dever’s analysis at pp. 23-35.
[74] Dever, pp. 66-68. Judges 4:2 describes the Israelites as having been handed over to Yavin, king of Canaan, who reigned in Hazor. But this was many years later and the city may have been rebuilt by this time. Soncino, comm. to Judges 4:2.
[75] Kitchen, On the Reliability, pp. 184 and 211. See also Dever, pp. 50 and 210.
[76] Joseph Callaway, “Ai,” in David Noel Freedman, ed., The Anchor Bible Dictionary (1992), vol. 1, pp. 125-30, and Kitchen, On the Reliability, p. 188.
[77] See above, Part II.
[78] Kitchen, On the Reliability, p. 187.
[79] Ibid., and Wood, “Did the Israelites Conquer Jericho?,” p. 50.
[80] A recent discussion is that of Bryant G. Wood, “The Search for Joshua’s Ai,” in Critical Issues, pp. 205-240.
[81] See, e.g., Richard S. Hess, “The Jericho and Ai of the Book of Joshua,” in Critical Issues, pp. 36-38. I am reminded here of Mark Twain’s remarks in The Innocents Abroad, end of chap. 46, after his visit to Palestine in 1867. In Sunday school, he imagined the kings mentioned in the Bible to be similar to the kings of England, France, Spain, Germany, and Russia, “arrayed in splended robes ablaze with jewels, marching in grave procession…” Now that he has been to Palestine, he realizes they were probably only “petty chiefs- ill-clad and ill-conditoned savages much like our Indians, who lived in full sight of each other and whose ‘kingdoms’ were large when they were five miles square and contained two thousand souls.”
[82] Hess, p. 38, Kitchen, On the Reliability, pp. 187-88, and Kitchen, “The Exodus,” Anchor Bible Dictionary (1992), vol. 2, p. 702.
[83] It has also been argued that the city could not have been too large if the Israelites were expected to march around it seven times in one day and then have sufficient energy to fight a battle. Hess, p. 35. Kitchen (On the Reliability, pp. 182-90) analyzed 24 cities listed as conquered in the book of Joshua. He omitted places whose identification on the ground was doubtful or which had not yet been explored archaeologically. He concluded ( p. 189):

[O]nly four can be regarded as deficient in background finds for LB II [=Late Bronze II, c. 1350-1200 BCE] and in those cases there are factors that account for the deficiency. The rest shows very clearly that Joshua and his raiders moved among (and against) towns that existed and which in several cases exhibit destructions at this period…

Kitchen’s four deficient sites were: Makkedah, Yeriho, Ai, and Givon, and his suggested explanations were: erosion (Yeriho), wrong site (Ai), and most of the site still undug (Makkedah and Givon). Most scholars who have analyzed the sites listed as conquered in the book of Joshua have come out to more critical conclusions. See, e.g., Dever, pp. 54-72.

[84] Ramesses II died in 1213 BCE , Merneptah died in 1203, and Amenmesses died in 1200. Thereafter, Seti II died in 1194, Siptah died in 1188, Tewosret died in 1186, Setnakht died in 1184, and Ramesses III died in 1153. Should Moses have been born as late as 1250, by the time he reached the age of 80, his life would have spanned the deaths of Ramesess II, Merneptah, Amenmesses, Seti II, Siptah, Tewosret, and Setnakht.
[85] Indeed, Hoffmeier writes (What is the Biblical Date, p. 233):

[C]onstruction at Tell el-Dab‘a-Qantir is now documented under the previous reigns of Horemheb (1323-1295 BC) and Seti I (1294-1279) BC. This means that the oppression of the Hebrews could have begun decades before the reign of Ramesses II and culminated with the construction of Pi-Ramesses.

The construction by Horemhab involved renovations at the Temple of Seth and enlargement of a fortress. Kitchen, On the Reliability, p. 309, Hoffmeier, Israel in Egypt, p. 123, and Bietak, p. 10.

[86] Psalms 106:11:צריהם אחד מהם לא נותר מים ויכסו; Psalms 136:15: ונער פרעה וחילו בים-סוף.
[87] The New Kingdom comprises the 18th-20th dynasties, from Ahmose in the mid-16th century BCE to Ramesses XI, at the beginning of the 11th century BCE.
[88] Hoffmeier, What is the Biblical Date, p. 239. They were found in the Deir el-Bahri cache of royal mummies discovered in 1881.
[89] Wilson, p. 24.
[90] Ibid., p. 25. When this mummy was first examined, the salt deposits found were thought to provide evidence that Merneptah had drowned at sea. It was later realized that such deposits are found on most mummified remains and derive from the mummification process. Ibid., p. 24. All of the mummies of the 15th century BCE Pharaohs have been found. None indicate a death by drowning. Hoffmeier, What is the Biblical Date, p. 240.
[91] For example, one can understand פרעה at Psalms 136:15 to be a metaphor for Egypt. Hoffmeier points out (Ibid., p. 239) that even Cecil B. DeMille did not have Yul Brynner follow the Israelites into the sea! There are also rabbinic sources that take the view that Pharaoh survived. See, e.g., Mechilta, Beshalah, Masecheta Bet, parsha 6 (view of R. Nehemiah), and Pirkey de-Rabbi Eliezer, chap. 43. There is also an issue of whether these mummies are actually whom they purport to be. In June 2007, it was discovered that the mummy thought to have been that of Thutmose I was in fact that of another. The secretary–general of Egypt’s Supreme Council of Antiquities stated: “I am now questioning all the mummies. We have to check them all again.” This process, using CT scanning and DNA tests, is ongoing.
[92] I Ch. 5:29-36.
[93] I Ch. 6:18-23 and I Ch. 6:7-13.
[94] It would seem that the most logical approach would be to rely on the longest of these lists and to view the others as abbreviated. But Gary Rendsburg takes a different approach, and argues that the royal geneaology (David to Nahshon) should be considered the most reliable. Based on this, he argues for a 12th century BCE conquest and settlement. See his Rendsburg, “The Internal Consistency and Historical Reliability of the Biblical Genealogies,” Vetus Testamentum XL, 2 (1990), pp. 185-206, and “The Date of the Exodus and the Conquest/Settlement: The Case for the 1100S,” Vetus Testamentum XLII, 4 (1992), pp. 510-527. (With regard to the Merneptah Stele, he takes the position that the Stele refers to the Israelites as slaves in Egypt.)
[95] Some scholars postulate instead that the Israelites originated in Syria or Transjordan before they came to Canaan (and did not get to Transjordan following an Exodus).
[96] The original EJ had an entry “Exodus” (6:1042-1050) that discussed much of the material I have discussed and concluded that the evidence supported a 13th century BCE Exodus. Similar was the section “The Exodus and Wanderings in Sinai” (8:575-577) in the “History” entry. In contrast, the new EJ eliminated the “Exodus” entry, and completely revised the section in the “History” entry. The “History” entry now includes the following:

The discussion of the Exodus is connected with the Israelite Conquest of Canaan. Both of these events are not historical… Truth to tell, there was never any external evidence for the enslavement in Egypt and the subsequent exodus. Those scholars who supported some version of the enslavement tradition argued, irrelevantly, that no one would have made up a tale of enslavement, and that the tradition was persistent… The general consensus at present is that the people Israel arose in the land itself or perhaps from an area slightly to the east, with no indication of an Egyptian cultural past… [T]he tradition that the people of Israel originated outside the land serves to distance Israel from peoples to whom [they] were ethnically quite close…

The view that the Israelites obtained possession of Canaan mainly through a military conquest at the time of Joshua has also come under much attack in recent decades. The general consensus at present is that the settlement process was largely a peaceful infiltration into areas that had not been settled by the Canaanites. This rejection of the Conquest model contributes to Exodus denial, as many argue that if there was no Conquest, there was probably no Exodus. But the Exodus and Conquest are not dependent on one another. One can easily take the approach that most of the Israelites arrived in Canaan subsequent to an Exodus from Egypt but that the book of Joshua overdramatizes what happened thereafter.

[97] It is based largely on claims that the Israelite pottery of 1200-1000 BCE is similar to Canaanite pottery or reflects a natural evolution from it. But these interpertations are disputed by other scholars. Dever (p. 121) writes: “no issue in the current study of the early history of the Israelite people is as controversial as the above question. Debates rage among specialists, accompanied by acrimonious name-calling…” If there was no common historical past in Egypt, how the Israelites eventually coalesced into one nation requires explanation. The theory that all or most of the Israelites originated in Syria or Transjordan has practically no archaeological basis.
[98] See above, n. 41. As Lawrence Stager writes (quoted at Dever, p. 99):

This extraordinary increase in population in Iron I cannot be explained only by natural population growth of the few Late Bronze Age city-states in the region: there must have been a major influx of people into the highlands in the twelfth and eleventh centuries BCE….That many of these villages belonged to premonarchic Israel…is beyond doubt.

(Iron I is the period c. 1200-1000 BCE. The Late Bronze Age is the period c. 1550/1500-1200 BCE.) Kitchen jokingly suggests that if we do not accept an outside origin for the Israelites, the only other explanation for the huge population growth in highland Canaan between 1250/1200 and 1150 BCE is “a half century of fertility cult sex orgies.” See On the Reliability, pp. 226-27.

[99] See, e.g., Finkelstein, The Archaeology of the Israelite Settlements, pp. 27-33, and Dever, pp. 81, 84, 105 and 108. Some of the indications that a settlement is probably Israelite are: houses in the pillar-courtyard (=four room) style; stone-lined silos and collared-rim jars; the absence of pig bones; and the location of the settlement at a site which we know from later 10th century BCE sources to have been Israelite. Also, most early Israelite sites consist of only ordinarily dwellings without public buildings (e.g., a ruler’s quarter or storehouses).
[100]Adam Zertal has argued that the evidence from the different Israelite cooking pots in use in successive periods documents a movement by the Israelites in Canaan from east to west. Finkelstein has argued for such a movement based on successive pottery styles. See, e.g., Kitchen, On the Reliability, pp. 227-28, and 551, and Hawkins, Critical Issues, pp. 170-173. An east to west movement would be consistent with the Israelites having entered Canaan from the outside. But an east to west movement also fits approaches that view the Israelites as indigenous. (Finkelstein adopts such an approach). Many scholars find the evidence for an Israelite movement in Canaan from east to west unconvincing. There is now some evidence for possible Israelite settlement on the east side of the Jordan in the second half of the Late Bronze Age and the early Iron I Age. The evidence consists of sites with four room houses and/or collared-rim jars. See Kitchen, On the Reliability, pp. 198-199, and Hawkins, Critical Issues, p. 175.
[101] Even though Papyrus Ipuwer is often cited as an extra-Biblical source that confirms the plagues, and the extant copy of Papyrus Ipuwer dates from the New Kingdom, Egyptologists believe that Papyrus Ipuwer is merely a copy of a text composed many centuries earlier. See, e.g., Donald B. Redford, Egypt, Canaan, and Israel in Ancient Times (1992), p. 66, and Hoffmeier, Israel in Egypt, p. 72, n. 63. According to Redford, a passage from Papyrus Ipuwer was already excerpted in a 20th cent. BCE source.
[102] Kitchen, On the Reliability, p. 466. The only administrative records found at Pi-Ramesse so far involve a handful of wine-jar dockets. To quote Kitchen: “[w]ine jars do not an Exodus record!”
[103] I.e., Egyptian taskmasters oversaw leaders drawn from the oppressed group.
[104] See, e.g., Kitchen, The Exodus, p. 704.
[105] Kitchen, On the Reliability, p. 466, and Redmount, p. 89.
[106] Hoffmeier, Israel in Egypt, p. 114. See also, Kitchen, On the Reliability, p. 248.
[107] Kitchen, The Exodus, p. 703. For a recent discussion of the term apiru, see Patrick Mazani, “The Appearance of Israel in Canaan in Recent Scholarship,” in Critical Issues, pp. 105-107. Apiru is a reconstruction of the Egyptian pronounciation of the term (in the consonant-only Egyptian script). In other languages, this group of people are called Habiru or Hapiru. They are referred to in areas as far away as Syria and Mesopotamia. Hoffmeier, What is the Biblical Date, p. 242, n. 96. There are verses in Tanach which seem to distinguish between Israelites and ivrim. See, e.g., I Sam. 14:21-22. It has been suggested that such verses are referring to Apiru/Habiru/Hapiru.
[108] Kitchen, The Exodus, p. 701.
[109] One scholar who has focused on such an approach is Penina Galpaz-Feller. See her Yitziat Mitzrayim: Mitziyut o Dimyon (2002).
[110] Ibid., pp. 80-85.
[111] See, e.g., Kitchen, On the Reliability, pp. 253-54.
[112] For further references, see Gerald A. Klingbeil, “ ‘Between North and South’; The Archaeology of Religion in Late Bronze Age Palestine and the Period of the Settlement,” in Critical Issues, pp. 124-126.
[113] Kitchen, The Exodus, p. 707. This article belongs in the new EJ in an “Exodus” entry!
[114] I must disclose that Kitchen takes the approach here (p. 705) that the Exodus only involved about 72,000 Israelites, relying on a redefinition of the word אלף. A reduced number of Israelites involved in the Exodus helps explain why no evidence has been found in the Sinai of the Israelite wandering. A reduced number is also much more consistent with the recent population estimates of the ancient Israelite settlements in the period from the 13th through the 11th centuries BCE. (See Dever, p. 98, for some of these estimates.) In his On the Reliability, p. 265, Kitchen reduces his estimate of the number of Israelites who left in the Exodus to about 20,000. He estimates the total population of Canaan thereafter (including the Israelites) to have been about 50,000 to 70,000. It has been argued that if the Israelites were served by only 2 midwives (see Ex. 1:15), the Israelite population in Egypt at that stage could not have been in the hundreds of thousands. It has also been suggested that the tradition of 2 midwives has its roots in an alternative tradition of the number of Israelites enslaved.
[115] The above was my summary of a much longer passage. This material from Hecateus was preserved in Diodorus (1st cent. BCE.). We know of the Diodorus material from Photius (9th cent. CE). The passage is printed and translated in Menahem Stern, Greek and Latin Authors on Jews and Judaism, vol. 1 (1974), pp. 27-29.
[116] The story is preserved in Josephus, Against Apion, I, commencing with para. 75.
[117] Josephus argues for this equation as well.
[118] According to modern scholars, the Hyksos were driven out of Egypt in a series of campaigns by the Pharaohs of the 17th and 18th dynasties. See, e.g., Redmount, p. 108. One of the Pharaohs of the 17th dynasty who led a campaign against the Hyksos was named Kamose (1555-1550). Perhaps we see echoes of this name in the name Misphragmouthosis. The next king mentioned by Manetho, as preserved in Josephus, sounds like a reference to Thutmose. The reference could be to Thutmose I (1504-1492), Thutmose II (1492-1479), Thutmose III (1479-1425), or Thutmose IV (1400-1390). But based on versions of Manetho preserved in other sources (which refer to Amosis, Amos or Amoses), the reference seems to be to Ahmose, the first king of the 18th dynasty. See John Day, “The Pharaoh of the Exodus, Josephus and Jubilees,” Vetus Testamentum XLV, 3 (1995), p. 377. Ahmose is known to have led a campaign against the Hyksos. He reigned 25 years (1550-1525).
[119] Manetho continues with the names of the kings who reigned over the next several centuries. Some are identifiable. For example, he lists “Harmesses Miamoun” as reigning sixty-six years and two months. Surely, this is Ramesses II.
[120] Josephus, Against Apion I, commencing with para. 230.
[121] Josephus, Against Apion I, para. 229.
[122] The exact identification of the king intended is unclear. He is probably one of the four kings named Amenhotep. See, e.g., the note by H. St. J. Thackeray at p. 257 in Josephus, Against Apion I (Loeb Classical Library edition) (suggesting Amenhotep III or IV) and Day, p. 378 (suggesting a conflation of Amenhotep IV and Merneptah).
[123] Victor Tcherikover, Hellenistic Civilization and the Jews (tr. by S. Applebaum, 1959), pp. 361-362.
[124] Manetho adds that he changed his name to Moses when he went over to these people.



The Seven Nations of Canaan

                                     THE SEVEN NATIONS OF CANAAN[1]
By Reuven Kimelman
This study deals with the war and the
seven Canaanite nations.[2] It complements my previous post on Amalek of March 13, 2014, “The Ethics of the Case of Amalek: An
Alternative Reading of the Biblical Data and the Jewish Tradition. “The popular
conception in both cases is that the Bible demands their extermination thereby
providing a precedent for genocide.[3] The popular reading of the Canaanites filters it through the prism of
Deuteronomy. The popular reading of
Amalek filters the Torah material through the prism of Saul’s battle against
Amalek in the Book of Samuel. In actuality, the biblical data is much
more ambiguous making the most destructive comments the exception not the rule as
will be evident from a systematic analysis of the Canaanite material in the
Bible as was previously done with Amalek.  
            This
post will deal with the following seven questions with regard to the nations of
Canaan:
a). What are the different biblical
approaches to the native nations of Canaan?
b). According to the Bible, what
actually happened to them?
c). What is the evidence that the
Bible is sensitive to the moral issues involved?
d). How has the Jewish tradition
removed the category of the seven nations from its ethical agenda?
e). What is the role of the
doctrine of repentance?
f). What is the relevance of the
“Sennacherib principle”?
g). How relevant is the category
“holy war”?
            With
regard to the extermination of the seven nations of Canaan,[4] sometimes called Canaanites sometimes Amorites, the biblical record is also not
of one cloth. The clarification of their status in the Bible requires a
systematic treatment of all the data book by book. 
Genesis (12:6, 15:16) is aware that the
Canaanites were in the land when Abraham arrived and would remain for
generations.  From Genesis 38 and the end
of The Book of Ruth we learn that from the progeny of Abraham’s great grandson
Judah and the Canaanite Tamar will issue King David. Also  Simeon’s son is identified as “Saul the son
of a Cannanite women” (Genesis 46:10, Exodus 6:15) without comment.
Exodus (23)’s position on the
elimination of the Canaanites (v. 23) is a gradual dispossession by God, not by
the Israelites:[5]
27 I will send forth My terror before
you, and I will throw into panic all the people among whom you come, and I will
make all your enemies turn tail before you. 28 I will send a plague ahead of
you, and it shall drive out before you the Hivites, the Canaanites, and the
Hittites.[6] 29 I will not drive them out before you in a single year, lest the land become
desolate and the wild beasts multiply to your hurt. 30 I will drive them out
before you little by little, until you have increased and possess the land.
Leviticus (18) refers to God casting out
of the nations:
24 Do not defile yourselves in any of
those ways, for it is by such that the nations that I am casting out before you
defiled themselves. 25 Thus the land became defiled; and I called it to account
for its iniquity, and the land spewed out its inhabitants.
Here there is a coordination between God
and land.  The land spews out its
inhabitants for defiling it and God expels them.  
Numbers (33) refers to the Israelites
deporting the local inhabitants:
51 Speak to the Israelite people and say
to them:
When you cross the Jordan into the land
of Canaan, 52 you shall dispossess all the inhabitants of the land; you shall
destroy all their figured objects; you shall destroy all their molten images,
and you shall demolish all their cult places. 53 And you shall take possession
of the land and settle in it, for I have assigned the land to you to possess.
It is clear that the issue here is not
ethnic but religio-cultural. The fear is that Israel will be ensnared,
especially through intermarriage, by the local moral and cultic practices
Exodus 34 emphasizes the religious
factor:
12b Beware of making a covenant with the
inhabitants of the land against which you are advancing, lest they be a snare
in your midst. 13 Rather you must tear down their altars, smash their
pillars,and cut down their sacred posts; 14 for you must not worship any other
God, because the Lord, whose name is Impassioned, is an impassioned God. 15 You
must not make a covenant with the inhabitants of the land, for they will lust
after their gods and sacrifice to their gods and invite you, and you will eat
of their sacrifices. 16 And when you take wives from among their daughters for
your sons, their daughters will lust after their gods and will cause your sons
to lust after their gods.[7]
Leviticus 18 emphasizes the moral
factor:
26 But you must keep My laws and My
rules, and you must not do any of those abhorrent things, neither the citizen
nor the stranger who resides among you; 27 for all those abhorrent things were
done by the people who were in the land before you, and the land became
defiled. 28 So let not the land spew you out for defiling it as it spewed out
the nation that came before you. 29 All who do any of those abhorrent
things—such persons shall be cut off from their people. 30 You shall keep My
charge not to engage in any of the abhorrent practices that were carried on
before you, and you shall not defile yourselves through them: I the Lord am
your God.
Numbers 33 warns Israel against
assimilating Canaanite norms lest they share their fate of expulsion. “55 But if
you do not dispossess the inhabitants of the land, those whom you allow to
remain shall be stings in your eyes and thorns in your sides, and they shall
harass you in the land in which you live; 56 so that I will do to you what I
planned to do to them.”

            The exception is Deuteronomy 7
which demands total destruction:
1 When the Lord your God brings you to
the land that you are about to enter and possess, and He dislodges many nations
before you— the Hittites, Girgashites, Amorites, Canaanites, Perizzites,
Hivites, and Jebusites, seven nations much larger than you—2and the Lord your
God delivers them to you and you defeat them, you must doom them to
destruction: grant them no terms and give them no quarter.
Even according to Deuteronomy the fear
is not of their DNA but moral assimilation, for it goes on to say:  “Lest they lead you into doing all the
abhorrent things that they have done for their gods and you stand guilty before
the Lord your God” (20:18). For Deuteronomy (12:31; 18:9-12), the abhorrent
things include child sacrifice.
Strangely, Deuteronomy continues with a
provision against intermarriage:
3 You shall not intermarry with them: do
not give your daughters to their sons or take their daughters for your sons.
4 For they will turn your children away from Me to worship other gods, and the
Lord’s anger will blaze forth against you and He will promptly wipe you out.
5 Instead, this is what you shall do to them: you shall tear down their altars,
smash their pillars, cut down their sacred posts, and consign their images to
the fire.

Apprehension about intermarriage or coming to terms with an eradicated people
is strange unless Deuteronomy is aware that its demand to doom them will not be
(or was not) implemented. And, in fact, as we shall see the evidence from
Judges 3 is that they did intermarry.
 Alternatively, ḥerem does not entail
the elimination of the Canaanites only their isolation, that is, they are to be
quarantined. This understanding follows its Semitic cognates where it means to
separate, to set aside.[8] The goal is to exclude any intercourse with them. Thus verse 5 only refers to
the elimination of their objects of worship not their persons. This opens the
possibility that “What we have is a retention of the … traditional language
of ḥerem, but a shift in the direction of its acquiring significance as
a metaphor … for religious fidelity.”[9]
 Even stranger is the description of the
confrontation with Sihon king of the Amorites. Within the context of
Deuteronomy, one would expect an outright attack when God says to Moses: “See,
I give into your power Sihon the Amorite, king of Heshbon, and his land. Begin
the occupation: engage him in battle” (2:24). Instead, what does Moses do:
26 Then I sent messengers from the
wilderness of Kedemoth to King Sihon of Heshbon with an offer of peace, as
follows, 27 “Let me pass through your country. I will keep strictly to the
highway, turning off neither to the right nor to the left. 28 What food I eat
you will supply for money, and what water I drink you will furnish for money;
just let me pass through.”
Sihon rejects the offer and attacks
Israel. They are destroyed only in the counterattack.
If there is no evidence for the
expulsion of the Canaanites, whence the position of Deuteronomy 7:1-2?
It has been speculated that Deuteronomy took “both the expulsion law of Exodus
23:20-33, directed against the inhabitants of Canaan, and the ḥerem
(total destruction) law of Exodus 22:19 (“Whoever sacrifices to a God other
than the Lord shall be proscribed), directed against the individual Israelite,
and fused them into a new law that applies ḥerem to all idolaters,
Israelites and non-Israelites alike.”[10] In other words, the ḥerem is not against Canaanites as Canaanites, but
idolaters as idolaters. Thus Deuteronomy (13:13-19) imposes the very punishment
on Israelite idolaters. The choice of the word ḥerem also promotes a
sense of quid pro quod, for, according to Numbers 14:45, the Canaanites and the
Amalekites pummeled Israel to Hormah a word which could simply designate a
place or also serve as a toponym since ad haḥormah could be
rendered “to utter destruction.”[11] The point of the paronomasia is that the Canaanites and the Amalekites got as
they gave.
In any case, except for some sources in
Joshua (6:21 and chapters 10-11) the later biblical sources follow the earlier
biblical books from Exodus to Numbers rather than Deuteronomy. Even the Joshua
material raises some questions. According to Joshua 10:33, Joshua totally
destroyed the people of Gezer. Yet Joshua 16:10 (like Judges 1:29) states: “They
failed to dispossess the Canaanites who dwelt in Gezer; so the Canaanites
remained in the midst of Ephraim, as is still the case. But they had to perform
forced labor.” In actuality, they stayed there until the reign of Solomon only
to be killed off by Pharaoh as noted in I Kings 9:16. Apparently, once the
people were defanged by having its army destroyed, they were given quarter.[12] As a subject nation they apparently present no religious threat. In fact, save
for the peculiar case of Judges 3:5, the surrounding nations, not the
Canaanites, are blamed for Israelite apostasy.[13] In fact, according to Joshua 8:29 and 10:27, the bodies of Canaanite kings hung
by Joshua were buried by nightfall just as Deuteronomy 21:23 enjoins.
Apparently, Human dignity is inalienable even for Canaanite kings.
The triumphal picture of Joshua is
undermined by the facts on the ground. For example, Joshua 11:12 gives the
impression that Joshua wiped out all the cities in the area of Hazor and burned
them to the ground. Yet the next verse says: “However, all those towns that are
still standing on their mounds were not burned down by Israel; it was Hazor
alone that Joshua burned down.” In fact, only two other cities were burned —
Jericho and Ai.
Similarly, Joshua 11:23 claims: “Thus
Joshua conquered the whole country, just as the Lord had promised Moses,”
whereas 13:1 concedes “and very much of the land still remains to be taken
possession of.” Even where Israel spread out much of the native population was
allowed to remain in their midst, as it says later in the same chapter: “the
Israelites failed to dispossess the Geshurites and the Maacathites, and Geshur
and Maacath remain among Israel to this day” (13:13). The sparing of the
Canaanite population was common. With regard to southern Israel, Joshua 15:63
says: “But the Judites could not dispossess the Jebusites, the inhabitants of
Jerusalem; so the Judites dwell with the Jebusites in Jerusalem to this day.”
With regard to central Israel, Joshua 16:10 says: “However, they failed to
dispossess the Canaanites who dwelt in Gezer; so the Canaanites remained in the
midst of Ephraim, as is still the case. But they had to perform forced labor.”
And with regard to northern Israel, Joshua 17:12-13 says: “The Manassites could
not dispossess [the inhabitants of] these towns, and the Canaanites stubbornly
remained in this region. When the Israelites became stronger, they imposed
tribute on the Canaanites; but they did not dispossess them.”
Judges 1:27-36 follows suit. It begins:
27 Manasseh did not dispossess [the
inhabitants of] Beth-shean and its dependencies, or [of] Taanach and its
dependencies, or the inhabitants of Dor and its dependencies, or the
inhabitants of Ibleam and its dependencies, or the inhabitants of Megiddo and
its dependencies. The Canaanites persisted in dwelling in this region. 28 And
when Israel gained the upper hand, they subjected the Canaanites to forced
labor; but they did not dispossess them. 29Nor did Ephraim dispossess the
Canaanites who inhabited Gezer; so the Canaanites dwelt in their midst at
Gezer…
All these sources mention the failure to
dispossess the Canaanites, despite the Israelites’ power to do so. No mention
is made of any extermination.[14] Joshua 24:13 does mention the expulsion of two kings but without resorting to
the sword and bow, a point reiterated in Psalm 44:5. Most remarkable is the
story in Judges 4. There it is told that God punished the Israelites by handing
them over to Yabin the king of Canaan and Sisera his general. In the divinely
commanded revolt against them, God promised to deliver them into the hands of
the Israelites not to wipe them out.
Joshua concedes in his farewell address
the failure of his policy. The most he can hope is that “The Lord your God
Himself will thrust them out on your account and drive them out to make way for
you” (Joshua 23:5). In the meantime, they are exhorted to be resolute not “to
intermingle with these nations that are left among you. Do not utter the names
of their gods or swear by them” (23:7). He them mentions the apprehension of
Deuteronomy of intermarriage: “For should you turn away and attach yourselves
to the remnant of those nations — to those that are left among you–and
intermarry with the you joining them and they joining you, know for certain
that the Lord your God will not continue to drive these nations out before you;
they shall become a snare and a trap for you” (23:12-13).
In fact, Judges 3 states that they did
intermarry: “The Israelites settled among the Canaanites, Hittites, Amorites,
Perizzites, Hivites, and Jebusites; they took their daughters to wife and gave
their own daughters to their sons, and they worshiped their gods” (5-6).
Intermarriage was likely a factor in the absence of biblical or extra biblical
evidence for Israel’s expulsion of the Canaanites. 
The archaeological record confirms that
Israel primarily settled in previously unoccupied territory in the central
highlands rather than rebuilt towns on destroyed Canaanite cites. In Judges 2,
they are threatened with the consequences of not dispossessing them:
1 An angel of the Lord came up from
Gilgal to Bochim and said, “I brought you up from Egypt and I took you into the
land which I had promised on oath to your fathers. And I said, ‘I will never
break My covenant with you. 2 And you, for your part, must make no covenant with
the inhabitants of this land; you must tear down their altars.’ But you have
not obeyed Me—look what you have done! 3 Therefore, I have resolved not to drive
them out before you; they shall become your oppressors, and their gods shall be
a snare to you.”
The Israelites not only did not drive out the inhabitants, they concluded
treaties with them. Their expulsion by God was contingent upon Israel’s refusal
to conclude a treaty with them. Neither took place.
Even at the height of ancient Israelite
power under the reign of Solomon there was no move to do away with them only to
subject them to forced labor, as I Kings 9 (= 2 Chronicles 8:7-8) states:
20All the people that were left of the
Amorites, Hittites, Perizzites, Hivites, and Jebusites who were not of the
Israelite stock—21those of their descendants who remained in the land and whom
the Israelites were not able to annihilate—of these Solomon made a slave force,
as is still the case.[15]
Nonetheless, Uriah the Hittite not only
marries Bathsheba but also serves as a trusted officer in David’s army.
            Psalm
106 laments the total failure of the policy. According to it, everything that
Joshua warned against, they did and more. Following Deuteronomy 12:31, it also
provides the moral basis by documenting the abhorrent behavior of the
Canaanites to their own children:
34 They did not destroy the nations as
the Lord had commanded them, 35 but mingled with the nations and learned their
ways. 36 They worshiped their idols, which became a snare for them. 37 Their own
sons and daughters they sacrificed to demons. 38 They shed innocent blood, the
blood of their sons and daughters, whom they sacrificed to the idols of Canaan;
so the land was polluted with bloodguilt. 39 Thus they became defiled by their
acts, debauched through their deeds.[16]
Verses 34-35 attest to the non
implementation of the policy of Deuteronomy 20:17-18.
            Remarkably,
the Rabbis explain the non implementation through the conversion of the
nations: 
R. Samuel bar Nahman began his discourse
with the verse: “But if you will not drive out the inhabitants
of the Land before you, then shall those that remain of them be as thorns in
your eyes and as pricks in your sides” (Numbers 33:55). The Holy One reminded
Israel: I said to you, “You shall utterly destroy them: the
Hittite and the Amorite” (Deuteronomy 20:17). But you did not do so; for “Rahab
the harlot, and her father’s household, and all that she had, did Joshua save
alive” (Joshua 6:25). Behold, Jeremiah will spring from the children’s children
of Rahab the harlot and will thrust such words into you as will be thorns in
your eyes and pricks in your sides.[17]
Irony of ironies, the thorny and prickly
issue is no longer the continuity of pagan practices but the pointed prophetic
barbs from the progeny of converts.
The tendency to blunt the impact of the
seven-nations policy of Deuteronomy is also furthered by two other comments in
rabbinic literature. The first contends that Joshua sent three missives before
embarking on the conquest of the Land of Israel. The first said: “whoever wants
to leave — may leave;” the second: “whoever wants to make peace — make
peace;” and the third: “whoever wants to make war — make war.”[18] War was only conducted against those who opted for war.[19]

That war was not waged against those who did not opt for war may be supported
by the following verse in Joshua:
When all the kings of the Amorites on
the western side of the Jordan, and all the kings of the Canaanites near the
Sea, heard how the Lord had dried up the waters of the Jordan for the sake of
the Israelites until they crossed over, they lost heart, and no spirit was left
in them because of the Israelites (5:1).
No war no killing. Similarly, Joshua 9
mentions that all six nations of Cannaan mobilized for war against Israel as
opposed to the Gibeonites who made peace with them. Even though the peace was
made under false pretenses, Joshua in chapter 10 honored his “treaty to
guarantee their lives” (9:15) by rescuing them from the attack of the five
Amorite kings. The treaty here entails security arrangements in exchange for
submission.  Also in the beginning of
chapter 11 Joshua defeats those nations that had mobilized for war against him.
None of these accounts attribute their destruction to their religious
depravity, only to their initiation of attack on Israel.[20]
The other rabbinic comment rules that by
transplanting and mingling the populations he conquered, the Assyrian king
Sennacherib dissolved the national identity of the Canaanite nations in ancient
times.[21] Accordingly, Maimonides ruled that all trace of them has vanished.[22] Harav Abraham Kook, former chief rabbi, attained the same goal by limiting the
commandment to expel the Canaanites to the generation of Joshua. He writes:
If it were an absolute duty for every
Jewish king to conquer all the seven nations, how would David have refrained
from doing so? Therefore, in my humble opinion, the original duty rested only
on Joshua and his generation. Afterwards, it was only a commandment to realize
the inheritance of the land promised to the patriarchs.[23]
Moreover, non-Canaanites captured along
with a majority of Canaanites were to be spared just as Canaanites caught with
a majority of non-Canaanites were to be spared[24] reducing possibilities of any wholesale slaughter. In fact one commentator
contends that the destruction of a city is predicated upon the unanimous
opposition to submission to the Israelites for “we cannot impose a death
penalty on them (women and children) because of the sin of their fathers and
the guilt of their husbands.”[25] Finally, the Maimonidean ruling that all war must be preceded by an overture of
peace and that only the nations of Canaan that maintained their abhorrent ways
are to be doomed reduced the possibility of any war of total destruction.[26] His position is rooted in the repeated classical rabbinic comment to the verse
“Lest they lead you into doing all the abhorrent things that they have done for
their gods and you stand guilty before the Lord your God” (20:18) — “This
teaches that if they repent they are not killed.”[27] The assumption is that the Canaanites got special attention not only because of
their geography, but also because “they were enmeshed in idolatry more than all
the nations of the world.”[28]
Similarly, The Wisdom of Solomon notes that the
Israelites did not wipe out the Canaanites “at once, but judging them gradually
You gave them space for repentance” (12:10).
The best biblical example of judging
Canaanites by their behavior and not by their genes is the case of Rahab of
Jericho. Since she acknowledged the God of Israel as “the God of heaven and
earth” (Joshua 2:12) and threw her lot in with Israel, she and her household
were not only spared but were welcomed “into the midst of Israel” (Joshua
6:25). Rabbinic tradition extended this welcome to marrying Joshua and becoming
the progenitor of priests and prophets.[29] Moreover, based on the fact that “The young men . . . went in and brought out
Rahab . . . and her brethren . . . all her kindred also” (Joshua 6:23), it was
understood that her immediate relatives, and also their relatives totaling many
hundreds were also spared.[30] The other salutary example is the Canaanite Tamar who not only trumped Judah
morally (see Genesis 38:26), but, according to the genealogy at the end of the
Book of Ruth, became the progenitress of King David. The other progenitress was
Ruth the Moabite who is linked to Tamar in Ruth 4:12. That behavior or
life-style trumps genes explains the permissibility of marrying the captured
woman in Deuteronomy 21:10. Having left her previous ways she no longer
presents a temptation of apostasy. Rabbinic tradition following suit
specifically included a Canaanite as long as she had shed her idolatrous ways.[31]
In the same vein, rabbinic tradition
held that the descendants of the Canaanite general Sisera became Torah teachers
in Jerusalem,[32] and that Abraham’s servant Eliezer was removed from the category of Canaanite
due to his loyalty to Abraham,[33] indeed, deemed his peer in piety,[34] worthy of entering Paradise alive.[35]
In the light of the biblical doctrine of
repentance (“For it is not My desire that anyone shall die—declares the Lord
God. Repent, therefore, and live!” — Ezekiel 18:32), it is hard to contemplate
an alternative. Such a doctrine does not sit well with the possibility of
irredeemable evil. A lesson that Jonah had a hard time learning. According to
The Book of Jonah, even Nineveh, the capital of the empire that brought ruin on
the lost tribes of Israel and annihilated everything in its path (see Isaiah
37:11), could avert destruction by engaging in repentance. Finally, the
evidence that the issue was all along ethical and not ethnic lies in the fact
that Abraham was prevented from taking possession of the land in his day
“because the iniquity of the Amorites was not yet complete” (Genesis 15:16),
whereas his descendants were allowed to take possession because of the
“wickedness of these nations” (Deuteronomy 9:4-5).
The midrashic tradition followed the
biblical categorization of groups through a combination of ethics and
ethnicity. With regard to repentance, the Midrash pointed out that the Torah
was given in the third month whose Zodiac symbol is twins to make the point
that were Jacob’s twin Esau to repent and convert and study Torah God would
accept him.[36] In fact, God looks forward “to  the
nations of the world repenting so that He might bring them nigh beneath His
wings.”[37] Kindness is also a criterion for inclusion; its absence a criterion for
exclusion. The Cannanite Rahab is allowed in for her act of her kindness.[38] Even Egyptians, according to Deuteronomy 23:8b-9, are accepted after
three generations apparently for having initially extended kindness to Israel.[39] The case of the Moabite Ruth is exemplary. According to Deuteronomy 23:4-5,
Moabites are not allowed into the Congregation of the Lord because of their
lack of human decency and hospitality to Israel after the Exodus. In contrast,
Ruth is accepted because of her decency and kindness to her Jewish
mother-in-law.[40] Her example led to the wholesale exemption of women from the Deuteronomic
prohibition.[41]
She in fact is a latter day Tamar. Both Tamar and Ruth are erstwhile barren
foreign widows of Israelite men who insinuate themselves into the messianic
line through linking up with prominent progenitors of David through a
combination of feminine wiles and moral rectitude.
In the same vein, Eliezer’s criterion,
according to Genesis 24:14, for incorporating a woman into Abraham’s family was
precisely kindness and hospitality to strangers. In fact, the midrash lists ten
biblical women of Egyptian, Midianite, Cannanite, Moabite, and Kenite origin
whose kindness accounts for their acceptance as converts.[42] As noted, kindness qualifies one for inclusion as its absence qualifies one for
exclusion, as the Talmud says, “Anyone who has mercy on people, is presumed to
be of our father Abraham’s seed; and anyone who does not have mercy on people,
is presumed not to be of our father Abraham’s seed.”[43]  Maimonides follows suit by defining
charitableness as “the sign of the righteous person, the seed of Abraham our
Father. Indeed if someone is cruel and does not show mercy, there are grounds
to suspect his or her lineage.”[44] Obviously, Abrahamic lineage has also an ethical DNA marker. 

            In sum, there are basically
four strategies for removing the seven-nations ruling from the post-biblical
ethical agenda and vitiating it as a precedent for contemporary practice:

1. The recognition that the mandate for their extermination was a minority
position in the Bible, significantly limited to Deuteronomy 7:1-2, and was only
thought to be partially implemented in parts of the Book of Joshua.
2. The realization that since the threat was posed by their religion and ethics
a change in them brings about a change in their status.
3. The limitation of the jurisdiction of the ruling to the conditions of
ancient Canaan at the time of Joshua.
4. The application of the “Sennacherib principle” that holds that under the
Assyrian empire conquered peoples lost their national identity.

 These four stratagems of the biblical and
post-biblical exegetical tradition mitigate if not undermind the ruling
regarding the destruction of the Canaanites. In both cases, ethics end up
trumping genealogy. This understanding helps account for the absence of any
drive to exterminate or dispossess the seven nations even when Israel was at
the height of its power under the reigns of David and Solomon. 
                                                Postscript
According to John Yoder’s When War Is Unjust, holy wars differ from just
wars in the following five respects:
1. holy wars are validated by a
transcendent cause;
2. the cause is known by revelation;
3. the adversary has no rights;   
4. the criterion of last resort need not
apply;
5. it need not be “winnable.”[45]
This study illustrates how the antidotes
to 3-5 were woven into the ethical fabric of the biblical wars of destruction.
In most cases the resort to war even against the Canaanites was only pursuant
to overtures of peace or in counterattack, and even the chances of success
against Midian were weighed by the Urim and Tumim. It is therefore not
surprising that the expression “holy war” is absent not only from the Bible but
also from the subsequent Jewish ethical and military lexicon.[46]
[1] For a survey of
alternative ways of dealing with the history of the problem outside of Jewish
exegesis, see Ed Noort, “War in the Book of Joshua: History or Theology,”
Deuterocanonical and Cognate Literature Yearbook: Visions of Peace and Tales of
War
(Berlin: Walter de Gruyter, 2010), pp. 69-86, at 72-76. For an
assemblage of material on ḥerem, see P. D. Stern, The Biblical
Herem: A Window on Israel’s Religious Experience
, Brown Judaic Studies 211;
Atlanta: Scholars Press, 1991.
[2] For the whole
subject of  war in the Bible, see Charles
Trimm, “Recent Research on Warfare in the Old Testament,” Currents in
Biblical Research 10 (2012), pp. 171-216.
[3] On the practice
of genocide in antiquity, see Louis Feldman, “Remember Amalek!”: Vengeance,
Zealotry, and Group Destruction in the Bible according to Philo, Pseudo-Philo,
and Josephus
, (Cincinnati: Hebrew Union College Press, 2004), pp. 2-6.
[4] Sources differ
on the number. For seven, see Deuteronomy 7:1, Joshua 3:10, 24:11. For six, see
Exodus 3:8, 17; 23:23, 33:2, etc. For five, see Exodus 13:5, 1 Kings 9:20, 2
Chronicles 8:7. For three, see Exodus 23:28. The most comprehensive list is
Genesis 15:19-20 with ten.
[5] The Septuagint
and PseudoJonathan have, in Exodus 33:2, the angel expelling
them.
[6] This is
apparently behind the historical recollection of Psalm 4:2.
[7] See 23:32, 33:2.
[8] See Baruch
Levine, Numbers 1-20 (AB 4a) (New York: Doubleday, 1993), p. 446f.,with
Leviticus 27:28, and Ezekiel 44:29.
[9]  R. W. L.
Moberly, “Toward an Interpretation of the Shema,” ed. Christopher Seitz and
Kathryn Greene-McCreight, Theological Exegesis: Essays in Honor of Brevard
S. Childs
(Grand Rapids, MI: W.B. Eerdmans, 1999), pp. 124-144, at 136. For
an expansion of this metaphor thesis, see Nathan MacDonald, Deuteronomy and
the Meaning of “Monotheism
”, (Tübingen: Mohr Siebeck, 2003), pp. 108-123.
[10] Jacob Milgrom, Numbers,
The JPS Torah Commentary (Philadelphia: Jewish Publication Society,
1990), p. 429; see idem, Leviticus (AB 3) ( New York: Doubleday,
1991-2001) 3:2419. Alternatively, see Ziony Zevit, “The Search for Violence in
Israelite Culture and in the Bible,”
eds.
David Bernat and Jonathen Klawans, Religion and Violence: The Biblical
Heritage
(Sheffield Phoenix Press, 2007), pp. 16-37, at 25, and 31.
[11] Baruch Levine, Numbers
1-20
(AB 4a) (New York: Doubleday, 1993), p. 372; see Targum Jonathan,
ad loc. Similarly, the last word of Numbers 21:3 can be rendered as Hormah or
“Destruction;” see Milgrom, ibid., Numbers, pp.172, 456-48. According to
Judges1:17, Hormah was destroyed later; see Tigay, Deuteronomy, p. 348,
n. 121.
[12] See Yehezkel
Kaufmann, Sefer Yehoshua (Jerusalem: Kiryat Sefer,1959), pp. 146-47.
[13] See Yehezkel
Kaufmann, The Religion of Israel: From Its Beginnings to the Babylonian
Exile
(New York: Schocken,1960), p. 248. With regard to Judges 3:5-6, see
ibid., n. 4.
14] Judges 11:23,
Psalm 44:3, 80:8b, 2 Chronicles 20:7, Fourth Ezra 1:21, and
The Testament
of Moses 12:8 mention only dispossession.
[15] For the presence
of Canaanites in King David’s administration, see the chapter “King David’s
Scribe and High Officialdom of the United Monarchy of Israel,” in Benjamin
Mazar, The Early Biblical Period: Historical Studies, eds. Shmuel Aḥituv
and Baruch A. Levine, Jerusalem: Israel Exploration Society, 1986.
[16] The prophetic
harangue against Canaanite practices focused on their abhorrent behavior to
their children; see Isaiah 57:5; Jeremiah 
2:23; 3:24; 7:31-32; 19:5-6, 11; 32:35; Ezekiel 16:20-21; 20:25-26,
30-31; 23:36-39. According to Deuteronomy (12:31; 18:9-12) such practices
include child sacrifice. The Wisdom of Solomon
(12:5-6) extends this to slaughtering children and feasting on human flesh and
blood.
[17] Pesiqta de-Rav
Kahana

13.5, ed. Mandelbaum, 1:228f.
[18] Leviticus Rabbah 17.6; see Deuteronomy
Rabbah 5.13-14; P. T. Sheviit 6.1, 36c; and
Maimonides, “Laws of Kings and Their Wars,” 6.5. According to the midrash, the
Girgashites took up Joshua’s offer and settled in Africa. Accordingly, there is
no mention of their defeat in the conquest narratives of Joshua 6-12, albeit
they are listed in Joshua 24:11 among the seven nations handed over to Joshua.
[19] See Sifrei
Deuteronomy 200, ed. Finkelstein, p. 237, l. 10. This refers to the
thirty-one kings of Canaan whose defeat is narrated in Joshua 12
[20] See Lawson
Stone, “Ethical and Apologetic Tendencies in the Redaction of the Book of
Joshua,” CBQ 53 (1991), pp. 25-36.
[21] See M. Yadayim
4:4, T. Yadayim 2:17 (ed. Zuckermandel, p. 683), T. Qiddushin
5:4 B. T. Berakhot 28a, B. T. Yoma 54a, with Oṣar HaPosqim,
Even HaEzer 4.
[22] Mishneh Torah,
“Laws of Kings and Their Wars,” 5.4; “Laws of Prohibited Relations,” 12.25. See
idem, The Book of Commandments #187: “They
[Amalek(?) and the seven nations] were finished off and destroyed in the days
of David. Those that survived were dispersed and assimilated into the nations
so that no root of them remained.”
[23] Abraham Kook, Tov
Ro’i
(Jerusalem 5760), p. 22.
[24] See Sifrei
Deuteronomy 200, ed. Finkelstein, p. 237, with n. 10; and Joseph Babad, Minḥat
Ḥinukh
to Sefer Ha-Ḥinukh, mitzvah #527,
[25] Yaakov Zvi
Mecklenburg, HaKtav VeHaKabbalah (New
York: Om Publishing Co., 1946), p. 52a, to Deuteronomy 20:16.
[26] “Laws of Kings
and Their Wars,” 6.1,4; see Leḥem Mishnah ad loc.; and Shlomoh
Goren, Meishiv Milḥamah, 3 vols. (Jerusalem: Ha-idrah Rabbah,
1986), 3:361-366.
[27] Sifrei Deuteronomy
202, T. Sotah  8:7, B. T.
Sotah 35b with Tosafot, s.v., lerabot
[28] See Sifrei
Deuteronomy 60, ed. Finkelstein, p. 125, lines 11-12, with n. 12.
[29]See Sifrei Numbers 78, ed. Horovitz,
p. 74; Sifrei Zutta, ed. Horovitz, p. 263; Midrash Ruth
Rabbah 2.1; Pesikta DeRav Kahana 13. 5, 12,
ed. Mandelbaum, 1:228, 237; and Yalqut Shimoni, Joshua 9, Nevi’im
Rishonim
, ed. Heyman-Shiloni (Jerusalem: Mossad Harav Kook, 1999), p. 16f.,
n. 4f.,  along with Michael Fishbane, The
JPS Bible Commentary Haftarot
(Philadelphia: The Jewish Publication
Society, 2002), p. 232, n. 11; p. 482, n. 11.
[30] See Ruth
Rabbah
2:1 and parallels.
[31] Sifrei Deuteronomy
211; see B. T. Sotah 35b and Tosafot, s.v. lerabot.
[32] B. T. Gittin
57b, B. T. Sanhedrin 96b, Midrash Psalms
1.18.  Sennacherib got a similar
comeuppance (ibid.), while the Moabite king Balak became the progenitor of
Ruth; see B. T. Sotah 47a with parallels.
[33] See Genesis
Rabbah 60.7, p. 647; and Leviticus Rabbah 17.5, p. 383.
[34] Beit HaMidrash,
ed. Jellinek, 6:79.
[35] Derekh Erets Zutta
1.18, ed. Sperber, p. 20.
[36] Pesikta DeRav
Kahana 12.20, ed. Mandelbaum, 1:218.
[37] Song Rabbah
5.16.5, and Numbers Rabbah 1.10 (middle).
[38] See Joshua 2:2
with Pesikta DeRav Kahana 13.4, ed. Mandelbaum,
1:227.
[39] See Rashi ad
loc., and Philo, On the Virtues, 106-108.
[40] See Ruth
2:11-12, 3:10. R. Zeira (Ruth Rabbah 2:14) attributes the
composition of The Book of Ruth to its acts of kindness.
[41] B. T. Yevamot
77a; See M. Yevamot 9:3; Sifrei Deuteronomy 249,
ed. Finkelstein, p. 277, and parallels.
[42] See Yalqut
Shimoni, Joshua 9, Nevi’im Rishonim, ed. Heyman-Shiloni (Jerusalem:
Mossad Harav Kook, 1999), p. 17, line 15.
[43] B. T. Beṣah
32b.
[44] Mishneh Torah, “Gifts to the
Needy,” 10:1-2.
[45] John Howard
Yoder, When War Is Unjust: Being Honest in Just-war thinking
(Minneapolis: Ausburg Pub. House, 1984), p. 26f.
[46] This point is
even conceded by Reuven Firestone in the Preface to his book titled Holy
War in Judaism, New York: Oxford University Press, 2012.
The biblical “wars of God” (Numbers 21:14; I Samuel 17:47, 18:17, 25:28) are
simply battles fought by the people of God. Although Maimonides (“Laws of Kings
and Their Wars,” 4:10) does take them as wars fought for God in the sense that
they are fought to promote God’s unity or to sanctify the Name, he does not
categorize them as commanded wars; see Gerald Blidstein, “Holy War in Maimonidean
Law,” in Perspectives on Maimonides: Philosophical and
Historical Issues, ed. Joel Kraemer (The Littman Library of
Jewish Civilization, 1991), pp. 209-220, esp. 220, n. 33. Nonetheless, there is
no case in the Bible of a war for spreading the Israelite religion to
foreigners or compelling then to accept it nor is there an example of wars of
conquest being dubbed holy even when booty is dedicated to God. For the
insinuation of “holy war” into Protestant, primarily German, biblical
scholarship based on the model of the Islamic Jihad, see Ben
Ollenburger’s Introduction to Gerhard von Rad, Holy War in Ancient Israel
(Grand Rapids, MI: William B. Eerdman’s Publishing Company, 1991), pp. 1-33;
and John Wood, Perspectives on War in the Bible (Macon, GA: Mercer
University Press, 1998), p. 16 with note.