Marc B. Shapiro – Forgery and the Halakhic Process

Forgery and the Halakhic Process
by Marc B. Shapiro


What is the role of academic learning in the determination of halakhah? In particular, I am referring to knowledge which is not available to the posek and which would affect his halakhic decision. This is, of course, a wide-ranging issue of which I will only discuss one aspect here, that relating to forgery. However, since the issue of the Mosaic text and R. Moshe Feinstein is relevant here, and I mentioned both of them in my last posting, let me make a few brief preliminary comments on this.


In The Limits of Orthodox Theology I quoted the following comment of R. Bezalel Naor, who was quoting his teacher, the Gaon R. Shlomo Fisher of Jerusalem: “The truth, known to Torah scholars, is that Maimonides’ formulation of the tenets of Jewish belief is far from universally accepted.” For those who don’t know, R. Fisher is one of the gedolim of our time, and you can see many of his shiurim on yeshiva.org.il. Many of these shiurim focus on Talmud (and he has published the great rabbinic work, Beit Yishai), but R. Fisher is also the only one of our gedolim who is an expert in Jewish philosophy. This explains why his Derashot Beit Yishai are very different than other collections of derashot. Professor Zev Harvey told me that from R. Fisher’s edition of Crescas’ Or ha-Shem, it is clear that he used Wolfson’s Hebrew text found in Crescas’ Critique of Aristotle.[1]

Someone I know currently attends R. Fisher’s weekly shiur on Avnei Miluim, the last half-hour of which is devoted to issues of hashkafah. Interestingly enough, he reported to me that a few weeks ago R. Fisher declared that he believes the Rambam abandoned his system of 13 Principles, the proof being that they are never mentioned as a unit in the Mishneh Torah.[2] In my book, I noted that R. Shlomo Goren held the same view. R. Goren also makes another interesting point, that while in the Commentary on the Mishnah Maimonides requires one to actually believe in certain principles, in the Mishneh Torah he only requires you not to deny any principles. One who has never heard of a principle obviously does not believe in it, which makes him a heretic according to the Commentary on the Mishnah. But according to the Mishneh Torah, since this person does not actually deny the principle, he is not regarded as a heretic.


Getting back to R. Moshe, as is well known, he ruled that the Commentary of R. Yehudah he-Hasid was a forgery, as he could not imagine that a rishon would acknowledge that there were some post-Mosaic passages in the Torah.[3] Only after my book appeared did Rabbi Naor tell me that the comment I quoted above in the name of R. Fisher was stated precisely with reference to R. Moshe’s positon on this issue. After R. Moshe banned R. Yehudah he-Hasid’s Commentary, R. Fisher commented that R. Moshe assumes that R. Yehudah he-Hasid has to accept the Rambam’s Principles, but in truth there were many disagreements with the Rambam, and R. Yehudah he-Hasid’s position on Mosaic authorship is one of them.

Along these lines, I read a recent shiur by R. Moshe Zuriel, a well-known baal machashavah in which he affirmed that all must accept the Thirteen Principles. I wrote to him asking what he would say about those who accepted the views of sages who disagreed with the Rambam, and I specifically referred to Ibn Ezra’s (exoteric) position that the last twelve verses were written by Joshua, which is a rejection of Maimonides’ insistence in the Eighth Principle that the entire Torah is Mosaic. He replied (emphasis added):

ודאי אני מודה שהסומך על ראב”ע (או אברבנאל וכיו”ב) ביחס לפסוקים הנוספים, איננו
נחשב לכופר, והוא נחשב ישראל . . . וכן כל דבר שיש מחלוקת ראשונים
In fact, in addition to the sources I cited in my book, Ralbag also says something interesting in this regard. Joshua 24:6 states:
ויכתב יהושע את הדברים האלה בספר תורת א-להים
Regarding this verse, the Talmud records a view that the reference is to the last eight verses of the Torah. But Ralbag explains it as referring to different verses:

ויכרת יהושע ברית לעם: על זה להיותם עובדים את ה’ ולהשאיר זכר לזה המעשה למען יבושו ישראל אם יסורו מאחרי ה’ כתב יהושע את הדברים האלה בספר תורת הא-להים

Another relevant source, which I also recently found, is R. Solomon David Sassoon, who wrote as follows (Natan Hokhmah li-Shelomo, p. 106; emphasis in original):

הדגש הוא על מה שאומר כי משה אמר זה מפי עצמו, אבל אם יאמר פסוקים אלה נביא אחר כתב אותם מפי הגבורה ומודה שקטע זה הוא מן השמים ומפי הגבורה, אדם שאומר כך אינו נקרא אפיקורוס, מה שהגדיר אותו כאפיקורוס אינו זה שאמר שלא משה כתב את הקטע אלא בזה שהוא אומר שדבר שזה מדעתו ומפי עצמו אמרו ושאין זה מן השמים

According to R. Sassoon, one who believes that parts of the Torah were written by a post-Mosaic prophet is not a heretic. (In another post I might speak more about the great R. Sassoon and his unique family.)

One of the strange passages in R. Yehudah he-Hasid’s Commentary is his assertion that the Hallel ha-Gadol (Psalm 136) was originally part of the Pentateuch and was later removed by David and placed in the Book of Psalms. In my book I note that this idea is also found in both R. Avigdor Katz (a rishon) and R. Menahem Zioni. I wrote: “Apparently, there was some tradition regarding this verse, the source and nature of which is unknown.” After my book appeared, R. Yaakov Hayyim Sofer published his Hadar Yaakov, vol. 1. On page 39, he notes that in two works of R. Eleazer ben Judah of Worms (the Rokeah), he mentions that Hallel ha-Gadol was recited by the Israelites at the Red Sea, a notion that is not found in extant rabbinic literature. (In Pesahim 117a it states that they recited the regular Hallel.) In R. Eleazar’s Siddur, p. 214, he cites Seder Olam as the source for this tradition. The editors refer the reader to Seder Olam Rabbah, yet nothing relevant appears there. Either R. Eleazar had a different version or he was referring to another book with this title. What is important for our purposes is that this tradition ties in with what is quoted by R. Yehudah he-Hasid and R. Avigdor Katz, even though the Rokeah doesn’t mention anything about this section being removed by David. Hopefully, more research into the writings of Ashkenazic rishonim will further illuminate matters.

Let me now speak of another issue, not of falsely ascribing forgery where there is none, but accepting as authentic that which is actually a forgery. The classic example is, of course, Besamim Rosh. There is no doubt that the volume is a forgery. There are those who have believed that at least some of the responsa are authentic, but it is more likely that the non-controversial material is a smokescreen for the controversial responsa. I plan to write an article about Besamim Rosh so I will not now reveal an internal proof, arrived at by use of a computer, that the book is a forgery. In an earlier article, I called attention to the fact that the Besamim Rosh assumes that a suicide has no share in the world to come, which is a popular 18th century conception, but not found among Ashkenazic or Sephardic rishonim.[4]

There is a talmid hakham, Rabbi Reuven Amar, who republished the Besamim Rosh and argues in his introduction that Saul Berlin was one of the gedolim. For all of his talmudic learning, Amar is very ignorant in this matter. He knows nothing about the history of Berlin and his haskalah ties. If he did, he would not have wanted to defend him. Yet Amar did know that many halakhic authorities quoted the Besamim Rosh, and he therefore wanted to turn it into a kosher book.

The problem Amar was faced with is what concerns me. What is one supposed to do with pesakim that rely on the Besamim Rosh? Fortunately, there can’t be many. In fact, offhand, I don’t know of any responsum in which a decision is based entirely, or even heavily, on Besamim Rosh, so that if you took this work away the decision would fall.

However, this is not the case with another forgery, as here the forgery is cited by all halakhic authorities of the last 140 years. I am referring to the Sefer ha-Eshkol, attributed to Rabbi Abraham ben Isaac. It was published by Rabbi Zvi Benjamin Auerbach (1808-1878), one of the leading German rabbis of his time. He was also the most prominent member of the famous Auerbach rabbinic family, which together with the Bamberger and Carlebach families (the ABCs, as they were known) were the most prominent rabbinic families in Germany.

According to Auerbach, his Sefer ha-Eshkol came from a Spanish manuscript. The work quickly became popular among scholars and was adorned with Auerbach’s commentary Nahal Eshkol, which is a mine of rabbinic knowledge. It came as quite a shock when in 1909, many years after Auerbach had died, the great scholar R. Shalom Albeck accused him of having invented the story of the Spanish manuscript in order to enable him to forge the work. This accusation aroused a great storm and four of the leading Orthodox scholars – David Zvi Hoffmann, Abraham Berliner, Jacob Schor, and Hanokh Ehrentreau – rushed to defend Auerbach, publishing the booklet Tzidkat ha-Tzadik (Berlin, 1910).

It is obvious that Auerbach’s defenders never gave Albeck’s charge any serious consideration. In their eyes, the fact that Auerbach was universally regarded as a tzadik, as well as one of the gedolim of Germany, rendered the accusation invalid from the start. There was no way they could impartially consider the evidence. In their mind they knew that for a pious Jew, some things are just impossible. Albeck responded to Tzidkat ha-Tzadik with the booklet Kofer ha-Eshkol (Warsaw, 1911), which explains how Albeck knew that the work is a forgery. In discussing the dispute between the four scholars on one side, and Albeck on the other, R. Shlomo Yosef Zevin[5] showed which side he was on.


אחד מול ארבעה – וההרגשה היא, שהנצחון לצדו של האחד

As far as I know, every academic scholar who has examined the evidence has concluded that Albeck is correct, and Auerbach’s Sefer ha-Eshkol is a forgery. This is so despite the defense of Auerbach by Issachar Dov (Bernard) Bergman in his essay in the Joshua Finkel Festschrift (New York, 1974;[6] it also appears in Sefer ha-Eshkol, vol. 4 [Jerusalem, 1986]).[7]

Needless to say, the supposed Spanish manuscript has never been found. In the words of Prof. Haym Soloveitchik, “Auerbach’s Eshkol appears as a clear forgery, incorporating arguments found in sixteenth, seventeenth, and even eightennth-century writings. . . . [The work] should not be used for historical purposes.[8] For this reason, I criticized Avi Sagi and Zvi Zohar for citing Auerbach’s Eshkol in their Giyur u-Zehut Yehudit.[9] R. Bezalel Naor writes:
I was told the following anecdote by Rabbi Aharon Lichtenstein. Licthenstein’s father-in-law, Rabbi Joseph Baer Soloveitchik (of Boston) expressed to Rabbi [Hayyim] Heller his amazement that the same obscure opinion of Mordecai in Niddah was to be found in the Eshkol, to which his mentor Hayyim Heller responded: “That is all?! You can find in Auerbach’s Eshkol a peckel Peri Megadims.” (Yiddish, a pack of Peri Megadim). . . . Prof. S.Z. Leiman informs me he found other irregularities in Auerbach’s historical works.”[10]
The late Prof. Israel M. Ta-Shma assumed that Auerbach’s Eshkol is a fourteenth-century forgery that he innocently published.[11] In discussing the issue, Ta-Shma makes the following incredible statement:

לדעתי עשה זאת משה די ליאון, וכך שמעתי גם מפי חברי פרופ’ י. זוסמן

De Leon is commonly said to have died in 1305, so unless the forgery was done at the very end of his life, we would be dealing with a 13th century forgery. In his Ha-Nigleh she-ba-Nistar, p. 144 n. 203, Ta Shma indeed writes

ויש רגליים לדבר כי זיופו, במגמה לקרבו לספר הזהר ותכניו, נעשה כבר במאה הי”ג

Yet Ta-Shma’s assumption doesn’t take into account that Auerbach’s Eshkol almost certainly contains material from later centuries. Furthermore, Ta-Shma ignored the well-founded assumption Auerbach forged other documents. According to Moshe Samet, some of Auerbach’s forgeries were actually designed to further a Neo-Orthodox agenda.[12] (It is well known that people who forge rarely do so once. Rather, seeing that they got away with it, they continue in this path, getting some sort of perverse pleasure from fooling the world.)

In Mordechai Breuer’s Modernity Within Tradition, p. 202, in discussing Orthodox scholarship and how it was often not rated highly by others because of its binding preconceptions, he writes:

One such example was the attempt of some scholars, especially R. Kirchheim in Frankfurt and Schalom Albeck in Poland, to expose the chief scholarly work of the late Rabbi B.H. Auerbach of Halberstadt (Ha-Eshkol, with commentary and notes, Nahal Eshkol, Halberstadt, 1861), as a plagiarism and a forgery. In spite of certain discrepancies in Auerbach’s work, this attempt failed after his defenders could prove that the attacks had not been free of prejudice.

In Between The Yeshiva World and Modern Orthodoxy, p. 77 n. 8, I responded to this as follows:

Breuer seems to be mistaken in pointing to the dispute over the authenticity of B. H. Auerbach’s edition of the Eshkol as an example of this phenomenon [i.e., Orthodox scholarship being looked down on]. To begin with, the main assault on Auerbach was led by Shalom Albeck (1858-1920), himself an Orthodox Jew. Secondly, this dispute had nothing to do with dogma interfering with scholarship, but was simply a question of whether Auerbach had forged the text. Finally, it is not so clear that Albeck’s attempt failed, as Breuer would have it. On the contrary, the authenticity of Auerbach’s edition is still highly questionable.
When I wrote this paragraph I didn’t want to appear disrespectful to Prof. Breuer, which is why I used soft language. In truth, as far as scholars of medieval halakhic literature are concerned, Albeck was entirely successful. As I note above, the attack of Albeck on Auerbach had nothing to do with the sort of “Orthodox scholarship” Breuer was referrring to, and which was subject to criticism by non-Orthodox scholars. Albeck wasn’t attacking Auerbach because of his supposed Orthodox close-mindedness.

Yet the point Breuer makes actually has relevance to another aspect of this dispute, and here I refer to the defense of Auerbach by the four scholars. Here we do find dogma of a sort, since they make it clear in their defense that the whole accusation is ipso facto invalid, and they even cite the Rambam, Commentary to Avot 1:6, that if you see a tzaddik do something that looks like a sin, you must assume that there is a reasonable explanation, even if it is very far-fetched.

Albeck’s response to this is that the Rambam is referring to a tzaddik who commits a sin between him and God, but not someone who


מתעה את לבות גדולי ישראל מורי ההלכה ודורשי החכמה, ודאי מצוה וחובה על כל איש המכיר בו, להוציא את בלעו מפיו, למען יהיה לאות לבני מרי, ולא יוסיפו לחלל ש”ש ולזייף את התורה

The issue mentioned by Albeck, that of the poskim being misled by a forgery, is what I would now like to raise. What is one to do if one sees that a posek has decided a halakhah based on the forged Eshkol? Is this person obligated to reject the pesak, or can he rely on the authority of the posek, even though the posek himself was misled. This obviously has implications for the use of the Zohar in pesak as well, as the poskim regard it as a tannaitic work. Yet I think everyone outside of the haredi community who has studied the issue assumes that it is a medieval work.

Rabbi Jehiel Jacob Weinberg raised a similar concern with regard to the Shulhan Arukh. There are certain halakhot which are based on false readings. He wondered if in a case like this we have to establish a new halakhah, or since we have accepted the Shulhan Arukh’s ruling we don’t change the halakhah but rather find a different justification for it.

Some might also see some connection with another position of R. Weinberg. As I noted in my book. R. Tam’s states that sex with a Gentile does not cause a woman to become forbidden to her husband. R. Weinberg had ethical problems with the reason R. Tam gives, and I don’t think it goes too far to say that he thought that, from our modern perspective, R. Tam’s justification is to be regarded as immoral.[13] Yet I also note that in seeking to find a heter for a woman who committed adultery with a non-Jew to return to her husband he is prepared to make use of R. Tam’s position.[14] I don’t think this raises any problems, since at the end of the day, R. Tam’s position is part of the halakhic tradition. If it can be used to to reach a lenient decision, then it serves a purpose, even if the contemporary posek doesn’t agree with the underlying assumptions of R. Tam’s pesak (Parallel to this is the widely accepted view that there is nothing wrong with using information derived from Nazi experiments on humans if it can help people. Obviously, everyone agrees that the experiments should never have been carried out, but once they were, the information can be used) As I said, I don’t see this as problematic, but I mention it since some might see it as an inconsistency in R. Weinberg.

An example which is more directly relevant is the following. In June of this year Prof. David Berger gave a presentation at Yeshivat Chovevei Torah on Jewish views of Christianity (as well as how to relate to Chabad). In his discussion of Christianity he explained the concept of shittuf, first mentioned by the Tosafists, and how in its original meaning it did not mean that non-Jews are permitted to believe in one God divided into different parts. Those who want the details on this can see Katz’ discussion in Exclusiveness and Tolerance. Katz was the first academic scholar to point to what he regarded as the common misinterpretation of the Tosafot. In addition, a number of poskim have concluded similarly, most notably the son of the Noda bi-Yehudah, whose responsum was published in his father’s work.

In my response to Berger I asked the following question (addressing myself to him):

You are certain that the common understanding of Tosafot is mistaken. Yet this understanding became the standard for poskim in Western Europe. It is also shared by the Rama. Do you feel that there is anything wrong with someone who agrees with you as to the historical truth nevertheless relying on those poskim who misinterpreted the Tosafot? In other words, do the decisions of the poskim based on Tosafot have independent validity even if their interpretation of Tosafot is incorrect?[15a]
Prof. Berger replied that he did not regard as illegitimate to rely on a pesak even if from the standpoint of historical scholarship, the pesak is incorrect. In the case we were discussing, one could legitimately rely on heterim which are based on the notion that according to Tosafot Gentiles are not obligated in shittuf, even though from a historical, i.e., factual perspective, Tosafot never said this. Historical truth and halakhic pesak thus occupy different realms.

While I understand Berger’s point, I think some reading this might be very uncomfortable with such a notion, namely, that one can have a historical truth and a halakhic truth, with the two being at odds with each other; or to put it another way, that a halakhic truth can be based on a historical error and yet still have validity. This brings us dangerously close to the old Latin Averroist notion of “double truth.” [15b]


Returning to Auerbach’s Eshkol, I am aware of only one posek who has refused to grant it any validity, and I daresay that the overwhelming majority of poskim are not even aware that it has been subject to controversy. The posek I am referring to is Rabbi Yitzhak Ratsaby. For those who don’t know, R. Ratsaby is one of the leading – if not the leadiing – Yemenite posek in Israel. He is an incredible scholar whose many works are particularly valuable as he records a variety of Yemenite practices and quotes from relatively unknown Yemenite writings, including from manuscript. He comes from the Kabbalah-friendly Yemenites, as uses the appellation of אחר in referring to R. Joseph Kafih. [16] Reflecting the typical haredi outlook, when he needs to refer to R. Kook, he writes “הרא”ק.” Doing so denies R. Kook the rabbinic titles given other great rabbis, and also spares haredi eyes from even seeing the name “Kook” in print.[17] Most haredi readers won’t even recognize who he is referring to. This is particularly unfortunate as it was R. Kook who stood together with many of the great Yemenite rabbis in opposing R. Yihye Kafih’s anti-Kabbalah stand. In Emunat ha-Shem, the volume published against R. Yihye Kafih, R. Kook’s two letters appear at the beginning. R. Kook is referred to as

רבנו הכהן הגדול נר ישראל וקדושו גדול הדור ונזרו מרן

R. Ratsaby is an example of how Ashkenazic haredi extremism and close-mindedness has also influenced those who do not come from this tradition.

Despite this flaw, there are many very interesting things in his works. Because my last post dealt with issues of dogma, let me refer to what R. Ratsaby states in Olat Yitzhak vol. 2 no. 259. He refers to the list of 24 heretics with no share in the world to come, enumerated by Rambam in Hilkhot Teshuvah, ch. 3. Among those are people who say there is no God, or there is more than one god – in other words, classic heretics. But according to R. Ratsaby, even though these people are heretics with no share in the world to come, that doesn’t mean that they can’t fulfill someone else’s religious obligation. As R. Ratsaby puts it

אפילו אותן עשרים וארבעה והנוספים עליהם שברור ומוסכם שאין להן חלק לעוה”ב, לא שמענו שאינן מוציאין אחרים ידי חובתן בברכות וכיוצא בזה, דסוף סוף הוא מחוייב בדבר וכל המחוייב מוציא יד”ח

R. Ratsaby is not referring to allowing such a person to daven for the amud, for which someone must be a proper Jew. Rather, he is speaking of the halakhah per se, i.e., if a heretic can be motzi someone else. I think the instinctive response of people would be that, of course, someone who is a heretic cannot be motzi someone else, and R. Moshe Feinstein states so explicitly. R. Ratsaby removes the issue from one of belief, and instead focuses on the obligation.which all Jews share.

In this same teshuvah, R. Ratsaby also points out something else quite interesting. Following the list of the twenty four who have no share in the world to come, Rambam gives a list of another group who, if they persist in certain evil actions (e.g., embarrassing someone in public, shaming scholars, etc.) also have no share in the world to come. He quotes R. Avraham ben ha-Rambam (hiddushim at the beginning of Ma’aseh Rakah) who cites his father as explaining that the way this works is that someone who is accustomed to do such bad things things will, almost of necessity, not be inclined to do what needs to be done to achieve immortality. In fact, it is much more likely that he will be led to those sins that really do deprive you of the world to come. But one should not take what Rambam writes literally, namely, that these sins by themselves cause one to lose his share in the world to come.


Returning to the Eshkol, many years ago I was studying R. Ratsaby’s Olat Yitzhak, vol. 1, and on page 410 I came across the following:

לענ”ד אין לחוש לדברים מחודשים שבספר זה שהוא בחשש גדול של זיוף, ואין להכחיש מה שהלב מרגיש

I found this quite amazing, since I knew of no other posek that recognized what modern scholars had determined. I was curious if he came to this on his own or had read Albeck’s pamphlet. He replied to me on 13 Iyar 5750


חשד הזיוף אצלי הוא מתוך העיון בדברים החדשים שם בקרב הראשונים ולקוחים מדברי אחרים (מה שראיתי דר”כ [=דרך כלל] היה לקוח מהבית יוסף) וגם הסגנון, שחנני השי”ת להכיר כזאת בטביעות-עין והלואי שאני טועה, אבל רחוק בעיניי מלצרפו עכ”פ לענין הלכה. ספר כופר האשכול לא בא לידי


I wrote back to him asking why, if he regards Auerbach as a forger, does he cite the Nahal Eshkol. He replied

נחל אשכול שאני מביא על אף החשד שלי נגד ספר האשכול גופו משום שאין לפסול גוף הדברים אם הם ניתנים להאמר מצד עצמם, רק לא לסמוך על ספר האשכול כמשקל בהכרעה בהלכה

R. Ovadiah Yosef offers the same justification in his haskamah to Amar’s 1983 edition of Besamim Rosh

חרף הביקורת שנמתחה על הספר “בשמים ראש”, במילי מעלייתא דאית ביה דרשינן

The last words come from Sanhedrin 100b, where R. Joseph says about the book of Ben Sira, “we may expound the good things it contains.” It would seem that using this logic, there can be no objection to studying the talmudic commentaries and halakhic writings of non-Orthodox rabbis, since one might find there a good argument or explanation of the sources. After all, Saul Berlin, the forger of Besamim Rosh, was a subversive, trying to destroy traditional Judaism from within. This makes him much worse than the typical Reform rabbi who has nothing to do with the Orthodox.


The summer is fast coming to an end, and with it, my free time to write things like this. But I have a number of other examples of forgery which I might post here, if people are interested (I am saving my examples of censorship for the book which I am hard at work on). Many people have told me that they like my “derekh agavs,” so I threw a lot of them in here, and I apologize to those who don’t like the many tangents.


Appendix


Since I don’t know when I will have a chance to write a new introduction to my book, and it is once again in the news with Rabbi Leff’s review, let me quote the following passages from R. Kook’s Shemonah Kevatzim 1:30-31 (I hope that R. Kook is still an acceptable authority for Jewish Action). Two important things stand out. First, while not condoning orthopraxy, R. Kook states that one who is observant, despite the fact that he denies ikkarim, is to be regarded as an erring Jew, not as a heretic. R. Kook’s position is a complete rejection of the idea that people who are shomrei Torah u-mitzvot can be read out of the fold and be regarded as heretics because of their incorrect beliefs. The second important point is that he rejects the Rambam’s entire theological conception of Principles of Faith and alligns himself with the Ra’avad, showing once again that the Rambam’s position has not attained unanimity.

אף על פי שהטעות בדברים האלהיים הוא דבר מזיק עד מאוד, מכל מקום אין עיקר ההיזק הנמשך מהמושגים המשובשים יוצא אל הפועל, עד כדי להמית את בעליו מיתת נשמה, רק כשהוא מתגלם במעשים, או לפחות כשהוא יורד לתוך דעות ורגשות כאלה שסופן מוכרח להתגלות במעשים. אבל כל זמן שהדבר עומד בצורתו המופשטת, אין כאן עקירה עקרית
ובזה הננו קרובים לסברת הראב”ד, שהשיג על הרמב”ם במה שקרא למי שמאמין ההגשמה באלהות מין. ונוכל להסכים, שכל זמן שאותו המגשם לא יעשה לו פסל ותמונה, הרי לא גמר את מחשבתו, ונשארה היא עדיין בחוג הרוח שלא תוכל להיות נכללת בשם עקירה ויציאה מן הדת

In a wide-ranging article which deals among other things with R. Kook’s view of heresy, the important scholar R Yoel Bin Nun[19] explains why R. Kook rejected the Rambam’s approach to heresy. R. Bin Nun also states that if you take what the Rambam says seriously, the Rambam himself, if he were alive today and saw how Aristotelian science has been overthrown, would not regard people who disagreed with his principles as heretics. In R. Bin Nun’s words (emphasis added):[19]

שיטת הרמב”ם ברורה: יסוד שתלוי באמונה, ואין בו הוכחה שכלית, וכל החכמים מתווכים עליו, אי אפשר להגדיר את מי שאינו מאמין בו כ”כופר” או כ”מין”. עצם העובדה שהדבר נתון בוויכוח שכלי בין החכמים מאפשר ומחייב לבנות על עולם האמונה, אך אינו מאפשר לשפוט ולדון את הכופרים. רק ודאות שכלית מוחלטת מאפשרת לדון אדם כמזיד בשאלות של אמונה וידיעה

In other words, according to R. Bin Nun there is no justification today for calling people heretics because they reject one (or more) of the Thirteen Principles.[20] (when he refers to hakhamim disputing matters, he is not referring to Torah scholars, but the general scientific-intellectual world). Whether R. Bin Nun is correct in his analysis of Rambam is not my purpose at present; I only wish to show that this outstanding rabbinic figure has a very tolerant view, one which rejects the Thriteen Principles as determining who is a heretic.

Notes:
A future post will deal with other issues of this controversy, and at that time S. Z. Havlin’s article on the issue in Yeshurun vol. 13 will be discussed.

[1] Professor Isadore Twersky once mentioned in class that although this book’s title should have mentioned Maimonides, in 1929 Harvard University Press would not publish a book with such a title. In this regard, he also called attention to the title of Sarah Heller Wilensky’s doctoral dissertation, “The Teaching of Issac Arama in the Framework of Philonic Philosophy.” This, too, is a false title, and the subject of the dissertation is seen more clearly by the title of the Hebrew book: R. Yitzhak Arama u-Mishnato. As Twersky explained, Harvard’s Department of Near Eastern Languages and Civilizations did not want a dissertation on a Spanish Jewish thinker unless it was given a more universal theme, hence the “Philonic Philosophy,” an allusion to Wolfson’s theory of philosophy, but this was put in just for show. Incidentally, Fisher’s edition of Or ha-Shem is responsible for my taking credit as being the only student ever to have made Prof. Twersky laugh in class. It was the 1990-1991 year and we were studying Crescas in his seminar. Twersky would often ask me to read, during the course of which he would often correct my pronounciation. When Fisher’s edition of Crescas appeared I immediately bought it and brought it to class. When Twersky called upon me to read, I replied that this time he wa not going to be able to correct my pronounciation. He asked, “why not?” to which I replied, holding up my new book, that I just purchased a new edition of Or ha-Shem, and it is “menikid.” This was too much for even the eternally staid Twersky, and he too was brought to a chuckle. (From inyana de-yoma, someone asked me if Noah Feldman studied with Prof. Twersky. He was not in any of Twersky’s seminars that year. He was, however, in Prof. Septimus’ seminar as well as that of Prof. Leiman, who was at Harvard in fall 1989 as a visiting scholar. In those years, long before he became famous [now, notorious] I would often tell people that one of my fellow students, an undergraduate taking graduate classes, was perhaps the most brilliant person I knew – a much better head than mine – and I have known many intellectual heavyweights. Yet I have read some people, who certainly don’t know him, describing Feldman as an expert in Shas and poskim. This is laughable. He has a great mind, and can grasp a Tosafot quicker than almost anyone, but he never spent any serious time in limudei kodesh after high school. I think my father best summed matters up after reading his article. He said: “Feldman may be very smart, but he isn’t very wise.”).

[2] R. Fisher has also expressed his support for the position of those rishonim – in opposition to the Rambam and R. Chaim Soloveitchik – who believe that one who, through no fault of his own, holds a heretical view is not to be regarded as a heretic.

[3] R. Moshe also detected a forgery in that R. Yehudah he-Hasid asks why homosexuality is forbidden, and then explains that the prohibition is to ensure that men procreate. According to R. Moshe, even asking such a question, and offering such a weak explanation, is a sign that the passage was not written by R. Yehudah he-Hasid but by a gay-friendly subversive. Yet as R. Chaim Rapoport points out, R. Yehudah he-Hasid is also quoted saying the same thing in the medieval Moshav Zekeinim al ha-Torah. Furthermore, the explanation he offers is also found in Ramban, Sefer ha-Hinnukh and Radbaz. See Rapoport, Judaism and Homosexuality: An Authentic Orthodox View (London, 2004), pp. 155-156.

[4] See my “Suicide and the World to Come,” AJS Review 18.2 (1993): 257 n. 54. Perhaps Prof. Shlomo Zalman Havlin will also use a computer to prove the forgery, much like he used a computer to show that R. Joseph Hayyim also wrote the book Torah li-Shma (link).

[5] Soferim u-Sefarim (Tel Aviv, 1959), p. 107.

[6] See also D. Simonsen, “Ueber die Vorlage des Sefer ha-Eshkol,” in Studies in Jewish Bibliography and Related Subjects in Memory of Abraham Solomon Freidus (New York, 1929), pp. 290-291.

[7] Israel M. Ta-Shma writes, concerning this defense (falsely attributing it to the editors of Sefer ha-Eshkol, vol. 4, rather than Bergman):

אולם לא מפיהם אנו חיים, ואילו זקוק היה הרב אויערבך להגנתם זו היה לוקה בכפלים

See Rabbi Zerahyah ha-Levi Ba’al ha-Meor u-Venei Hugo (Jerusalem, 1992), p. 40 n. 27.

[8] Haym Soloveitchik, “Review of Olam ke-Minhago Noheg, by Yishaq (Eric) Zimmer,” AJS Review 23.2 (1998): 227-228.

[9] See my “Review of Circles of Jewish Identity: A Study in Halakhic Literature by Avi Sagi and Zvi Zohar,” AJS Review 27.1 (2003): 120-122.

[10] Post-Sabbatian Sabbatianism (Spring Valley, 1999), p. 209.

[11] Rabbi Zerahyah ha-Levi Ba’al ha-Meor u-Venei Hugo, pp. 40-41.

[12] He-Hadash Asur min ha-Torah (Jersualem, 2005), pp. 69-70, 152 n. 255.

[13] Regarding judging positions of rishonim as immoral, R. Shlomo Aviner writes (Am ve-Arzto (Jerusalem, 2002), vol. 2 pp. 436-437):

וברור שבהלכה פנים לכאן ולכאן. לכן כיוון שנתיבים אלה הם נתיבים מוסריים יותר, עלינו להכריע על פיהם. לפעמים ההלכה מוכרעת, בגלל שעת הדחק, ולפעמים ההלכה מוכרעת כי כך המנהג. אם כן, בימינו ‘המנהג’ הוא להיות מוסרי . . . שאלה: האם ראשונים אחרים, שלא סוברים כרש”י הם מוסריים פחות? תשובה: כולם מוסריים בתכלית המוסריות, אך יש גם מושגים מוסריים המשתנים על פי המציאות. אב הסוטר לבנו הקטן, אינו דומה לאב הסוטר לבנו בן השמונה עשרה. האם סטירת לחי לבנו היא מעשה מוסרי או לא מוסרי? תלוי בנסיבות. לא כל הכרעות הפוסקים הן הכרעות נצחיות. לכן מזכירים במשנה גם דעת יחיד כדי לסמוך עליה בעתיד (עדויות א, ה). במצבנו כיום ישנם שיקולים מוסריים שמצטרפים להכרעותינו ההלכתיות דוד המלך היה מודד אנשים בחבל, ובוודאי הוא ראה כורח מוסרי לנהוג כן. מרן הרב קוק מסביר, שלא היתה אז דרך אחרת להרתיע את הרשעים (איגרות א, ק). יתכן שבנסיבות שלנו, דוד לא היה נוהג כן

[14] Kitvei R. Weinberg, vol. 1, p. 58.

[15a] One should not assume that this is a verbatim transcription of my remarks, as they were not written out at the time.

[15b] Prof. Berger recently noted to Menachem Butler the following point: “At the same time, those realms [i.e., history and halakhah] are not so distinct that someone weighing the question of which position to adopt must, or even should, ignore his judgment about historical truth. Thus, I personally do not regard the pesak that Christianity is not avodah zarah for Gentiles as one I should adopt, even though it has desirable consequences. I do, however, grant legitimacy to an opinion affirmed by major authorities and do not quarrel with those who rely on it.”

[16] Olat Yitzhak, vol. 2, p. 51.

[17] See ibid., p. 440.

[18] See his biography at http://www.ykd.co.il/hebrew/hebrew.htm.

[19] “’Kahal Shogeg’ Hiloniyim ve-Hiloniyut be-Halakhah,” Akdamut 10 (2000), p. 263.

[20] For those who don’t have access to the article, I should note that when he refers to hakhamim disputing matters, he is not referring to Torah scholars, but the general scientific-intellectual world.




Is Tu-beshevat a Sabbatian Holiday?

There are those who claim the custom to celebrate Tu-beshevat as a holiday is based upon the book Hemdat Yamim. This book, according to many, was either written by Nathan of Gaza (Shabbati Zvi’s “prophet”) or one of follower of Shabbati Zvi. (This is contrary to the assertion in the Philogos that Nathan is not author, a contention which has little to no source). In Ha’aretz, an article appeared with this contention, namely the source for the Tu-beshevat custom is Sabbatian or as the headline reads “The New Year for the Trees, Isn’t is Shabbati Zvi.”

However, a closer look at the history reveals, that although some of the customs on Tu-beshevat can be traced to Hemdat Yamim the actual celebration dates much earlier. Avraham Ya’ari, the noted bibliographer, in an article traced the history of Tu-beshevat. He explains that much of the early mentions of Tu-beshevat were only in the negative, i.e. one can’t fast or say tachanun. Obviously, the first mention is in the Mishna in Rosh Hashana which states, according to Bet Hillel, Tu-beshevat is the new year for trees. The new year does not conotate a New Years like celebration, instead, this only has implications for questions of tithing. One can’t tithe fruits from one year using a different years fruits. Thus the 15th of Shevat is the cut off point.

Ya’ari, however, notes the first mention in connection to a celbration or the like is in the 16th century. Specifically, R. Issachar ibn Susan (c. 1510-1580) in Ibur Shanim, published in 1578 (the book was published earlier, in 1564, this was done without the knowledge or R. Issachar and according to R. Issachar, with numerous errors) he mentions “the Ashkenazim have the custom [on Tu-beshevat] to eat many fruits in honor of the day.” Mention of this custom also appeared in a Jedeo-German Minhagim book first published in 1590. “The custom is to eat many fruits as it is the New Year of the trees.”

In the community of Worms there was a rather interesting permentation of the custom. As R. Jousep Schammes in his Minhagim de Kehilah Kedosha Vermaysa, states:

On Purim and the 15 of Av and Shevat these were vacation days for the Rabbis, especially the 15ht and the 33rd day of the Omer for the students and their teachers. On these days the students did not go to school nor did the teachers go in. The teachers were required to distribute to the students as they left that morning, on the 15th and the 33rd day of the Omer whiskey and sweet cake from the teachers’ own pocket, they should not charge the students, this is the custom.

 

He repeats this in his comments to the 15th of Shevat. “One doesn’t say tehina even during the morning prayer. It is a vacation day for the students and the teachers, especailly the younger students, it is a holiday for the teachers. The custom is for the teachers to distribute whiskey to the students and make merry with them.”

While we have shown there was a custom for those Ashkenazim to celebrate Tu-beshevat, amongst the Sefardim, it is correct the source is Hemdat Yamim. Hemdat Yamim, first published in 1732 anonymously has the entire seder for Tu-beshevat. This includes passages from the Bible as well as specific foods. This in turn was popularized to a greater degree when it was included in the book Pri Etz Hadar first published in 1753 and republished an additional 29 times by 1959. This book included the entire Hemdat Yamim service.

So at the end of the day, although some of the customs of Tu-beshvat may come from the Hemdat Yamim he clearly is not the only or the first source for celebrating Tu-beshevat.

For more on the Hemdat Yamim, a controversy that has recently been stirred up again with the republication by R. Moshe Tzuriel of the Hemdat Yamim with an extensive introduction. Additionally, Ya’ari has a book Talmuot Sefer which his conclusion has been disproven by Tishbi in his Nitvi Emunah U’Minut. R. Tzuriel’s publication engendered the publication of a small pamphelet Hemdat Yosef as well as a bunch of articles in the journal Hechal HaBeshet. Rabbi Dr. Leiman in his latest article in Ohr haMizrach has a footnote with all the citations. [R. Dr. Leiman’s article collects all of R. Y. Eybeschit’s and R. Y. Emden’s approbations].

Also, anyone can get a copy of Hemdat Yamim. There are two places on the web where it is available free. The first is at the Jewish National Libraries site for rare books online here. For this one you need to download their viewer. Or at SeforimOnline.org (which for some reason is not online as I write this). Who has it in PDF format?

Additionally, Ya’ari has an article on the piyutim for Tu-beshevat here.




Was Professor Saul Lieberman “Orthodox” or “Conservative”? [1]

Was Professor Saul Lieberman “Orthodox” or “Conservative”? [1]
by David Golinkin
Saul Lieberman (1898–1983) is universally regarded by Talmud scholars as the foremost talmudist of his generation, and some regard him as one of the foremost talmudists of all times.
Immanuel Low wrote to him in Hebrew in 1938: “In the depth of your articles there are many sparks of the spirit of the Gaon of Vilna.” E. S. Rosenthal wrote in Hebrew in 1963: “… until we can almost say about him: there was no king like him before him, according to his custom and his method.” Jacob Neusner, who later attacked Lieberman after Lieberman had panned Neusner’s Yerushalmi translation, wrote to Lieberman on December 10, 1981: “I am enjoying Hayerushalmi Kifshuto so much, that I wanted to tell you so…. It reminds me of why I have long ago concluded you are the greatest exegete of rabbinic texts of the twentieth century and among the true greats among the ones I have studied and used—of all times.” Yitzhak Rafael wrote in Hebrew in 1983: “I am not authorized nor do I dare assert that Professor Rabbi Saul Lieberman z”l was the greatest Talmud scholar in recent generations, but it seems that no one would attempt to dispute this assertion.” David Weiss Halivni wrote in 1986: “Professor Lieberman was not only a yahid b’doro, unique in his generation, but a yahid b’dorotav, unique in all generations.” Elijah Schochet wrote in 1988: “Rabbeinu Eliyahu, the Gaon of Vilna, was born on the first day of Pesah, 1720. Rabbeinu Shaul, our own Gaon, was laid to rest on the eve of Pesah, 1983. Between them, there was no other like Saul Lieberman.”[2]
Finally, in 2002, Israel Ta-Shema recounted an amazing story that took place in 1981, in which he asked Professor Lieberman a riddle about the Yerushalmi. Ta-Shema had heard the riddle from Rabbi Shlomo Goren in 1961 and since then had been unable to find the answer. Professor Lieberman spent about three minutes in silence, during which he opened one volume of the Yerushalmi and closed it. Finally he returned to the bookshelf, pulled out Yerushalmi Sotah 2:1, and showed Ta-Shema the correct answer. Lieberman later explained to Ta-Shema that “in my youth, I would have answered immediately that the answer is not in the Yerushalmi at all. But now that I am old, I do not rely on my memory, which is already weakened; and therefore I decided to flip through all the pages of the Yerushalmi in my mind, in order to make certain that it is not found in any place. And when I arrived at chapter 2 of Sotah, I found the place and showed you.” Ta-Shema concluded the story: “I had the merit over the course of the years to be a frequent visitor to the houses of quite a few of the greatest talmidei hakhamim [scholars] of the generation and among the beki’im [those who possess encyclopedic knowledge] in their generation … but [bekiut] of such magnitude I have never seen, not before and not after, and the memory of that Shabbat has not departed from me until today.”[3]
In addition to his amazing memory and breadth of knowledge, Lieberman was one of the most prolific Talmud scholars of all times. He published 225 books and articles, for a total of approximately 11,500 pages—devoted, for the most part, to the explication of rabbinic texts.[4] Finally, he published books and articles related to almost every area of Jewish studies, including Bible, Dead Sea Scrolls, Mishnah, Tosefta, Yerushalmi, Bavli, ancient piyyut, Hellenism, Greek, Latin, and medieval rabbinic literature.[5] Therefore, it is not surprising that over eighty books and articles have been devoted to Lieberman and his œuvre between 1948 and 2008.[6] Indeed, three entire books have been published about Lieberman since 2002.[7]
This essay will respond to the most recent monograph, Marc Shapiro’s Saul Lieberman and the Orthodox.[8] Professor Shapiro has shown in his writings that he is adept at archival research.[9] This monograph is no exception; it quotes and/or publishes at least twenty-five letters related to Lieberman. Indeed, it should be entitled “What the Orthodox Thought of Saul Lieberman,” since it quotes the opinions of Rabbis Yaakov Halevi Herzog, Yitzhak Nissim, Shlomo Goren, Isser Yehuda Unterman, Abraham Isaac Hakohen Kook, Meir Ben-Zion Hai Uziel, Ḥayim Ozer Grodzinsky, Isaiah Karelitz, Pinchas Hirshprung, Meshulam Rathe, Mordechai Gifter, Yehiel Yaakov Weinberg, Yehudah Leib Maimon, Yaakov Yisrael Kanievsky, David Zvi Hillman, Yaakov Kamenetski, Aaron Kotler, Menahem Mendel Kasher, Shlomo Yosef Zevin, Menahem Mendel Shneerson, Ze’ev Wolf Leiter, Samuel Belkin, Yosef Dov Soloveitchik, and She’ar Yashuv Cohen. We are in debt to Marc Shapiro for this very useful anthology based on archival sources.
However, it would appear that Shapiro has missed the mark regarding three critical points: (1) the character of the Jewish Theological Seminary from 1940 and following, (2) Lieberman’s motives for accepting a position at JTS and remaining there, and (3) whether Lieberman consider himself “Orthodox” or “Conservative.” This essay will address these three critical issues in Lieberman’s biography.
The Character of the Jewish Theological Seminary from 1940 and Following

Shapiro’s basic assumption is that Lieberman was “Orthodox” and JTS was “Conservative.” Thus, he writes: “It can be imagined what a shock it was for the Orthodox when in 1940 the internationally renowned Jerusalem illui Saul Lieberman accepted an invitation to join the Seminary faculty.”[10] This assumption about JTS, which repeats itself throughout the monograph, is basically incorrect, for the following nine reasons:
1.   During most of the years that Lieberman taught at JTS (1940–1983), almost all of the Talmud faculty at JTS were “Orthodox” or strictly observant Jews, including Rabbis Alexander Marx, Louis Ginzberg, Louis Finkelstein, Moses Hyamson, Abraham Sofer, Moshe Zucker, H. Z. Dimitrovsky, A. S. Rosenthal, Yehezkel Kutscher, Mordechai Margaliot, Jose Faur, David Weiss Halivni, Dov Zlotnick, Israel Francus, and Shamma Friedman.
2.   During the 1940s and 1950s, most of the students at JTS were observant Jews; a large percentage of them came from Orthodox homes and/or were graduates of Yeshiva College. This point is stressed by Schochet and Spiro in their recent biography of Lieberman, and more importantly, it is stressed by Shapiro himself: Between 1946 and 1957, 60% of JTS rabbinical students came from Orthodox homes and 30% were graduates of Yeshiva College.[11] Similarly, both Rabbi Isaac Klein and my father, Rabbi Noah Golinkin z”l, began their studies at Yeshiva University in the 1930s and then transferred to JTS. Rabbi Klein said that he did so in order to learn the critical methodologies of Professor Louis Ginzberg. Indeed, he received s’mikhah yoreh yoreh yadin yadin from Ginzberg. He certainly was not looking for a more lax halakhic approach.[12]
3.   From 1940 to the late 1950s, the division between Orthodox and Conservative Judaism was not at all clear. Indeed, this was pointed out by Shapiro himself as well as by other scholars, such as Jonathan Sarna.[13]
4.   Beginning in the 1950s, the mehitzah become the main dividing line between Orthodox and Conservative Judaism,[14] but the Seminary synagogue maintained separate seating for men and women from the days of Solomon Schechter until Professor Lieberman passed away in 1983.[15]
5.   During all of the years that Lieberman taught at JTS, the Seminary synagogue did not use any of the siddurim produced by the Rabbinical Assembly and edited by Rabbis Silverman, Hadas, or Harlow. It used, instead, a rather obscure Orthodox prayer book edited by Rabbi A. Th. Philips. Indeed, I was informed by someone who prayed in the Seminary synagogue with Professor Lieberman for nine years that at one point, two of the students told Professor Lieberman that the Philips siddurim were falling apart. They, of course, wanted to replace Philips with a more modern siddur. Professor Lieberman said that he would take care of the problem. He then proceeded to purchase two boxes of brand new Philips siddurim! [16]
6.   From 1940 until 1959, Higher Criticism of the Bible was not taught at JTS.[17] This opposition began way back in the days of Sabato Morais, who headed JTS from 1887 until 1897.[18] Solomon Schechter, who served as president of JTS from 1902 until 1915, called Higher Criticism “Higher Anti-Semitism.”[19] Cyrus Adler, who was president of JTS from 1915 until 1940, was also opposed to Biblical Criticism; in his day, Bible was taught at JTS with medieval Bible commentators.[20] Finally, Louis Finkelstein, who headed JTS from 1940 until 1972, was also opposed to Higher Criticism.[21] In 1944, he asked Lieberman to “gently” tell H. L. Ginsberg to write his article on biblical history in a proposed volume entitled Judaism and the Jews “from an extremely conservative point of view,” so as to “avoid various pitfalls of higher criticism.”[22]
7.   Furthermore, in the 1940s when Lieberman started teaching at JTS, the rabbinical students dressed just like rabbinical students at Yeshiva University.[23]
8.   More importantly, Louis Finkelstein, who together with Louis Ginzberg invited Lieberman to teach at JTS in 1940, saw JTS—as had Solomon Schechter and Cyrus Adler before him[24] —as an institution for k’lal yisrael, the collective Jewish people, and not just of the Conservative Movement. Finkelstein stated in 1941: “If someone calls us traditional, orthodox or conservative, it is he who makes a division in Judaism, not us … I think that the members of the faculty generally prefer the term ‘traditional Judaism’….”[25] After quoting this passage, Schochet and Spiro add: “Finkelstein preferred viewing JTS as an umbrella institution for all traditional Jews, which he hoped would attract to it Orthodox Jews, rather than one reflecting a specific denominational ideology. Finkelstein made no secret of the fact that he hoped that Orthodoxy would eventually find a home at the Seminary. He would therefore counsel his associates, ‘Let’s not be too Conservative; let’s not prevent [Orthodox Jews] from coming.’”[26]
Indeed, Shapiro himself stresses[27] that when Haim Zalman Dimitrovsky came to study with Lieberman at JTS in 1951, he did not even know that JTS had a connection with the Conservative Movement!
9.   Finally, Shapiro himself[28] quotes a letter written by Rabbi Yehiel Yaakov Weinberg in 1948, when he was informed by someone supposedly “in the know” that Finkelstein was interested in him joining the faculty, alongside Ginzberg and Lieberman. Weinberg wrote to his friend Samuel Atlas (in Hebrew): “How could it be possible that they are asking me, when they have two great teachers like L. Ginzberg and Sh. Lieberman?” Weinberg did not say that he could not teach at JTS because it was Conservative or heretical; he simply said that they did not need him, because they already had Ginzberg and Lieberman.
Thus, from 1940 when Lieberman began to teach at JTS, until 1959—and, to a large extent, until 1972, when Louis Finkelstein retired—it was difficult to call JTS a Conservative institution. The faculty and students were mostly Orthodox or traditional; the lines between the movements were not clearly drawn; the Seminary synagogue maintained separate seating and used an Orthodox prayerbook; Higher Criticism was not taught; and the students at JTS even dressed like the students at YU. Louis Finkelstein viewed JTS as an institution for k’lal yisrael and even Rabbi Weinberg had no ideological objections to teaching at JTS.
Thus, there is no basis for Shapiro’s surprise that an “Orthodox” Jew like Lieberman accepted a position teaching at a “Conservative” institution.
Lieberman’s Motives for Leaving Israel, Accepting a Position at JTS, and Remaining There Until the End of His Life

Shapiro says[29] that Lieberman’s main motives were economic security, which he did not have in Jerusalem, and a desire to draw the students at JTS nearer to Torah and Judaism. These points are undoubtedly true, but I believe that there are at least six reasons why Lieberman left Israel, came to JTS, and stayed there for forty-three years:
1.   Saul Lieberman could not earn a living in Jerusalem. This is what Rabbi Meir Bar-Ilan, Lieberman’s father-in-law, told Rabbi Aaron Pechenik and others,[30] and this was the reason that Lieberman later gave Pechenik for remaining there.[31] Indeed, while in Israel (1927–1940), Lieberman worked as a clerk at the Tel-Aviv Chamber of Commerce, as a teacher in Herzlia, as a part-time lecturer at the Mizrahi Teachers Institute.[32] as a secretary at Yeshivat Shaar Hashamayim, as a Talmud teacher at Hebrew University (from 1932–1937, a position from which he was fired and only received severance pay a year later),[33] and as Dean of the Harry Fischel Institute for Talmudic Research.[34]
2.   Shapiro also says that Lieberman wanted to draw the students at JTS closer to Torah and Judaism,[35] as indicated by his brother Meir, by Pnina Herzog, and in a letter to Gershom Scholem from 1941. Furthermore, Lieberman himself said this in a Hebrew letter to Hapardes in 1945, which Shapiro published in 2003. There he says: “Young Jewish men are innocent (t’mimim) and there is nothing that will influence them more than the light of Torah planted by a teacher who believes in the holiness of the Torah.”36] 
3.   At Hebrew University, Lieberman’s Talmud course in the 1930s shrank from six to two students, he was fired, and Hebrew University refused to award him a Ph.D. for Talmuda Shel Kisrin or Tosefet Rishonim.[37] The Harry Fischel Institute, which Lieberman headed for five years, was not an academic institution. Indeed, Lieberman himself spelled out in 1937 the requirements for Talmud scholarship; the students at Harry Fischel did not possess many of those qualifications.[38] In other words, at Hebrew University he had scholars to talk to but no job, while at Harry Fischel he had a job but no one to talk to. Thus, in 1940, JTS was the only serious academic center of Jewish studies in the world, as Lieberman himself wrote to Louis Ginzberg in Hebrew on April 30, 1940: “And I also hope that I could bring benefit to your Bet Midrash, which is now the only scientific institution [i.e., of Jewish studies] in our world.”[39]
4.   In 1940, and for most of the years that Lieberman taught there, JTS had the best Jewish library in the world, with a large collection of manuscripts and Genizah fragments.[40] Schochet and Spiro relate that Seminary librarian, Nahum Sarna, advised Menahem Schmelzer, his successor, to open the Rare Book Room at any time so that Lieberman could consult the thirteenth-century manuscript of the Mishneh Torah, which was placed on a table there especially for his use.[41] 
5.   Lieberman had a very warm relationship with Louis Ginzberg of JTS.[42] They met in 1929 when Ginzberg served as visiting lecturer at Hebrew University and Ginzberg asked Lieberman to prepare for publication Ginzberg’s lecture, “The Significance of Halakhah for Jewish History.” They then corresponded from 1930 to 1940. Louis Finkelstein explicitly praised Ginzberg for his indefatigable efforts to persuade Lieberman to come to JTS. This special relationship is evident from a Hebrew letter from Lieberman to Ginzberg from 1940.[43]
6.   Finally, Lieberman had an incredibly close relationship with Louis Finkelstein, who gave Lieberman whatever he needed and treated him like a king. Their relationship has been dealt with at length by Schochet and Spiro.[44] A few examples will suffice: Rabbi Bernard Mandelbaum, long-time Vice President of JTS, said: “Finkelstein gave Lieberman whatever he needed.”[45] Lieberman said as much in his Hebrew introduction to Hilkhot Hayerushalmi in 1947: “And last but not least is my friend, Rabbi E. A. Finkelstein, the President of our Bet Midrash, who provides me with special conditions for Talmud Torah and work with all possible convenience.”[46]
But their relationship went way beyond one of providing scholarly needs. Finkelstein viewed Lieberman as the most important Talmud scholar in the world and he told him so, both privately and publicly, on a regular basis. He referred to Lieberman’s arrival in the United States as “a historic one in the development of American Judaism … Even if the Seminary across the years had done nothing else than lay the foundation for such a work [=Tosefta Kifshutah on Zera’im], the institution would have justified itself.”[47] Finkelstein further stated that “Professor Lieberman does not exist for the Seminary; the Seminary exists for Professor Lieberman.” Faculty member Professor Judah Goldin once said, “Finkelstein believed in God and worshipped Lieberman.”[48] 
On December 1, 1959, Finkelstein informed Lieberman that he would become Rector of JTS, with all the powers and no administrative responsibilities: “It seems obvious to me that with your increasing preoccupation with the Tosefta Kifshutah (which …will turn out to be probably the most significant single accomplishment of the Seminary) …”[49] In a letter to Edward B. Lawson, American Ambassador to Israel, in 1955, Finkelstein introduced Lieberman as “Professor of Talmud in the Seminary and one of the most learned men in the world.”[50] Finally, when Finkelstein got Lieberman involved in the agunah dilemma in 1953, he introduced the Lieberman ketubah at the Rabbinical Assembly Convention in hyperbolic terms and compared it to the accomplishments of the tannaim.[51]
Thus, it appears that Lieberman came to JTS and stayed there for six reasons: because he could not earn a living in Jerusalem; in order to draw the students closer to Torah and Judaism; because JTS was the only scientific institution of Jewish studies in the world; because JTS had the best Jewish studies library in the world, to which he had open access at all times; because of his warm relationship with Louis Ginzberg between 1929 and 1953; and because of his unique relationship with Louis Finkelstein from the 1930s until 1983.
Did Lieberman Consider Himself “Orthodox” or “Conservative”?

Shapiro claims that Lieberman “regarded himself as an Orthodox Jew”[52] and he faults me[53] for categorizing Lieberman as a Conservative rabbi,[54] but he himself writes: 
In 1959, Lieberman became rector of the Seminary, and one of his responsibilities was “guarding the general religious policy of the institution.” Thus, there is certainly justice in the assertion that whatever his personal religious commitments, Lieberman had become part and parcel of the Conservative Movement and was assisting it at the time that the Orthodox were attempting to expose what they regarded as the Conservatives’ distortion of halakhah.[55]
Shapiro’s confusion is well-justified; I myself have debated whether Lieberman considered himself Orthodox or Conservative.[56]
On the one hand, he taught at the only Conservative rabbinical seminary from 1940 until 1983, and he served as its rector from 1959 until 1983. When he proposed his takkanah regarding the ketubah to the Conservative Rabbinical Assembly in 1953, he attacked “the Orthodox rabbis”:
I saw that some of you were accused of being frightened by the Orthodox rabbis. I want to tell you that I am not frightened by them at all. I want, therefore, to give you a point of information. In truth, they were frightened, and I want you to know why they were frightened. They weren’t afraid that the Bet Din would issue some takkanot. No, not at all. They were afraid that the Bet Din will issue takkanot in accordance with the law.
As a matter of fact, one of the very important members of the Orthodox rabbis said so in many words: If this Bet Din of the Rabbinical Assembly will issue atakkanah, that will be takkanato kalkalato. It will be a great misfortune because they will get authority and that is the reason why they oppose this. Many of them think that [if] that Bet Din will begin to move in this line, the movement can become strong and it will affect them.[57] 
When, during the negotiations about a Joint Bet Din, the Orthodox insisted that the RA sanction rabbis who perform a wedding even without aget, “Lieberman’s spontaneous response was that the Conservative Jews do not like inquisitions …”[58] He also wrote a letter that enabled Rabbi Theodore Friedman, a leading Conservative rabbi, to receive permission to perform weddings in Jerusalem, and another letter to Chief Rabbi Unterman in 1964, which defended the gittin performed by Rabbi Israel Silverman and other Conservative rabbis.[59]
On the other hand, Schochet and Spiro cite an undated interview in the Jerusalem Post in which “Lieberman explicitly stated that he himself was not a Conservative Jew; however, he praised Conservative Jews for their sincerity and their success in appealing to young people.”[60] Furthermore, in 1974, the Israeli daily Maariv published an article claiming that Golda Meir had asked Lieberman to influence the Conservative Movement to accept a compromise on the “Who Is a Jew” issue. Lieberman was described there as “one of the leaders of the Conservative Movement and as the Vice-President of the Jewish Theological Seminary in New York.” Lieberman wrote an indignant letter to the editor in Hebrew in which he denied the whole story and in which he said:
I am not one of the heads of the Conservative Movement and I am not, nor have I ever been, the Vice President of the [Jewish] Theological Seminary. I teach Torah to the Jewish people and I don’t understand much about politics.[61]
Finally, when a group of Seminary professors, graduates, and students held a “Conference on Halakhic Process” in 1979 in order to urge JTS not to ordain women, Lieberman wrote a letter to the Conference praising them for deciding to discuss “how to guard the last spark of the halakhah, that it should not be extinguished.”[62]
There are three possible ways to interpret this contradictory data. The first approach is followed by Hillel Goldberg, who, in a nasty review of Schochet and Spiro’s biography, would have us believe that Lieberman was Orthodox and taught and stayed at JTS simply because it was a cushy job which allowed him to do his research.[63] This approach contradicts everything we know about Lieberman’s piety and integrity, and barely merits a response. The second approach is put forth by Marc Shapiro, who maintains throughout his monograph that Lieberman was “Orthodox.” When he defended Conservative rabbis during the attempts to set up a joint Bet Din, “Lieberman was only reflecting on the mindset of the Conservative rabbinate, not describing his own feelings.”[64]
There is, however, a third way to interpret the data. I agree with Shapiro that Lieberman did not consider himself “Conservative.” However, neither did he consider himself “Orthodox.” An “Orthodox” Jew would not have spoken about Orthodox rabbis in the third person and in such a critical tone as Lieberman used in the 1950s. Furthermore, neither Shapiro nor Schochet and Spiro adduce even one text in which Lieberman himself calls himself “Orthodox.” Shapiro[65] simply refers to Schochet and Spiro.[66] but the latter offer no such proof. They quote Rabbi Berel Wein, who said that Lieberman “was personally an observant Jew.” They quote Rabbi Emanuel Rackman who said that Lieberman was “a Jew whose Orthodoxy was beyond question.” They themselves say: “These citations from prominent Orthodox rabbis reflect the common perception that Saul Lieberman was indeed ‘Orthodox’ in his religious practices” (emphasis added). They then cite numerous instances of “his firm adherence to halakhic practice and accepted custom.” They later quote someone who said that Lieberman “stressed that he wanted to be known as ‘Orthodox’ (note 266), but Lieberman himself never wrote such a thing.”
Furthermore, Shapiro mistranslates a key passage in Lieberman’s important Hebrew letter to Hapardes from 1945, which Shapiro himself published in 2003. Shapiro writes:
In his letter, Lieberman states that at the Seminary he is permitted to teach what he wishes. He also mentions that if another two or three Orthodox teachers joined the faculty (italics added), they could turn it into a wonderful place.[67]
However, that is not what Lieberman wrote. He wrote:
זהו מוסד חשוב שלו היו נכנסים לשם עוד שנים שלשה מורים משלומי אמוני ישראל היו מהפכים אותו לבית ספר למופת
This is an important institution. If two or three teachers “who seek the welfare of the faithful in Israel” [cf. II Samuel 20:19] would enter it, they would turn it into an exemplary school.[68]
Similarly, in his 1964 letter to Rabbi Unterman defending the gittin of Rabbi Israel Silverman.[69] he states that “Rabbi Silverman, when he was my student, observed Torah and mitzvot as is fitting.”
היה שומר תורה ומצוות כראוי וכיאות
He goes on to say
that it is essential to arrange matters related to gittin in America, and if there is good will on all sides, it is possible to arrive at a mutual agreement. Otherwise, I am afraid that chaos will take over this profession too and we will come to a similar situation to giving a hekhsher to a treif kitchen in an Israeli boat. And behold this hekhsher was not given by the Conservatives (who rejected the offer with disgust), but by an irresponsible group which calls itself Orthodox, and this group also performs gittin!
The picture that emerges from Lieberman’s letter to Hapardes in 1945, from his attempt to set up a joint Bet Din in 1953, and from his letter about gittin in 1964, is that Lieberman meant exactly what he said in his letter to Maariv in 1974: “I teach Torah to the Jewish people and I don’t care much about politics—that is: I am neither ‘Orthodox’ nor ‘Conservative.’ There are “Conservative” rabbis who are halakhic and there are ‘Orthodox’ rabbis who are not. I care that the teachers at JTS should be sh’lomei emunei yisrael and that the students and graduates should beshomrei torah u-mitzvot ka-rauy v’khayaut.” Lieberman did not care about labels but rather about substance, and in this he was a true disciple of Rabbi Judah the Prince who said: Al tistakkeil ba-kankan, ella b’mah she-yeish bo—do not look at the vessel, but rather at its substance.[70] 
Notes

[1] This article is based on a lecture given in Hebrew in Jerusalem on Professor Lieberman’s 30th Yahrzeit, 9 Nisan 5773 (2013). It originally appeared in Conservative Judaism 65 (Summer 2014), pp. 13-29, published here with the permission of The Rabbinical Assembly.
[2] The first quotation is from Elijah J. Schochet and Solomon Spiro, Saul Lieberman: The Man and His Work (New York: Jewish Theological Seminary, 2005), p. 303 (and cf. pp. 53, 139). The other quotations are from David Golinkin, “The Influence of Seminary Professors on Halakhah in the Conservative Movement, 1902–1968,” in Jack Wertheimer, ed., Tradition Renewed: A History of the Jewish Theological Seminary, vol. 2 (New York: Jewish Theological Seminary, 1997), p. 473, n. 36. For Lieberman’s attack on Neusner’s translation of the Yerushalmi, see Journal of the American Oriental Society 104:2 (April–June 1984), pp. 315–319. For Neusner’s counterattacks against Lieberman, see History and Theory 27:3 (1988), pp. 241–260 = Jacob Neusner, Wrong Ways and Right Ways in the Study of Formative Judaism (Atlanta: Scholars Press, 1988), pp. 3–27; and idem, Why There Never Was a Talmud of Caesarea: Saul Lieberman’s Mistakes (Atlanta: Scholars Press, 1994).
[3] Ta-Shema in Meir Lubetski, ed., Saul Lieberman (1898–1983): Talmudic Scholar and Classicist (Lewiston, Queenston, Lampeter: The Edwin Mellen Press, 2002), pp. 88-90 = Israel Ta-Shema, Knesset Mehkarim, vol. 4 (Jerusalem: 2010), pp. 337–339 (Hebrew). See Shamma Friedman in Lubetski, pp. 91–95, for an explanation of the riddle.
[4] A. S. Rosenthal wrote in Proceedings of the American Academy for Jewish Research 31 (1963), Hebrew section, p. 1, that Lieberman wrote 10,000 pages. A careful count of Tuvia Preschel’s 1993 bibliography of Lieberman in Shamma Friedman, ed., Sefer Hazikaron L’rabbi Shaul Lieberman (New York and Jerusalem: Jewish Theological Seminary, 1993), pp. 1–28, adds up to approximately 11,500 pages.
[5] See Preschel’s bibliography (above, n. 4) as well as the essays in the Lubetski volume.
[6] See Golinkin, pp. 472–473, n. 35, for a listing of thirty items and Elinor Grinet, “A Bibliography About Saul Lieberman: The Man and His Work,” in Lubetski, pp. 91–96, for seventy-seven items (some of them overlap). More recent works include: Aviad Hacohen, Madda’ei Ha-yahadut 42 (5763–64), pp. 289–301; a letter from Lieberman to the editor of Hapardes from 1945, published by Marc Shapiro in Kitvei Ha-Gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), pp. 449–450; review of new edition of Hayerushalmi Kif-shuto edited by Menahem Katz (New York and Jerusalem, 2008), by Yehoshua Schwartz in Makor Rishon Hatzofeh,April 11, 2008, pp. 10, 13; Naomi G. Cohen, “In Memoriam: Chana Safrai (1946–2008), Friend and Colleague,” in Nashim 15 (Spring 5768/2008), pp. 198, 201. For reactions to Schochet and Spiro’s book, see: Hillel Goldberg, Tradition 40:3 (Fall 2007), pp. 69–75; Aaron Rakefet, Tradition 40:4 (Winter 2007), pp. 68–74; and Bernard Septimus and David Horwitz, Tradition 41:1 (Spring 2008), pp. 114–115.
[7] The books are Lubetski (n. 3 above), Schochet and Spiro (n. 1 above), and Shapiro (n. 8 below).
[8] Marc B. Shapiro, Saul Lieberman and the Orthodox (Scranton: University of Scranton Press, 2006).
[9] See, for example, his book Between the Yeshiva World and Modern Orthodoxy: The Life and Works of Rabbi Jehiel Jacob Weinberg, 1884–1966 (London and Portland: Littman Library of Jewish Civilization, 1999); Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, 2 vols (Scranton: University of Scranton Press 1998 and 2003); and “Scholars and Friends: Rabbi Jehiel Jacob Weinberg and Professor Samuel Atlas,” in The Torah Umadda Journal 7 (1997), pp. 105–121.
[10] Shapiro, p. 16.
[11] Schochet and Spiro, p. 22, and Shapiro, p. 16. Both base themselves on Jeffrey S. Gurock, “Yeshiva Students at the Jewish Theological Seminary,” in Wertheimer (n. 2 above), vol. 1, p. 473.
[12] Regarding Rabbi Isaac Klein, see what I wrote in my introduction to his Responsa and Halakhic Studies, second revised and expanded edition (Jerusalem: Schechter Institute of Jewish Studies, 2005), p. xii.
[13] Shapiro, pp. 14–15; Jonathan Sarna, American Judaism: A History (New Haven and London:Yale University Press, 2004), pp. 237ff. Shapiro, pp.14–15.
[14] See my book The Status of Women in Jewish Law: Responsa (Jerusalem: Schechter Institute of Jewish Studies, 2012), pp. 14–15, and n. 27; p. 31, n.3; pp. 308–340.
[15] See JTS Semi-Centennial Volume (New York: Jewish Theological Seminary, 1939), p. 59; Jonathan Sarna, “The Debate Over Mixed Seating in the American Synagogue,” in Jack Wertheimer, ed. The American Synagogue: A Sanctuary Transformed (Cambridge: Cambridge University Press, 1987), pp. 379–380; David Golinkin, ed., The Responsa of Prof. Louis Ginzberg (New York and Jerusalem: Jewish Theological Seminary, 1996), pp. 85–100; Wertheimer, vol. 1, p. 395, Harvey E. Goldberg, “Becoming History: Perspectives on the Seminary Faculty at Mid-Century”, Schochet and Spiro, p. 22.
[16] Personal communication from Dr. Baruch Schwartz, April 13, 2008. The siddur was entitled Daily Prayers with a Revised English Translation (New York: Hebrew Publishing Co., 1914), and reprints.
[17] David Ellenson and Lee Bycel, “A Seminary of Sacred Learning: The JTS Rabbinical Curriculum in Historical Perspective,” Wertheimer, vol. 2, p. 559.
[18] Ibid., pp. 536, 656.
[19] Solomon Schechter, Seminary Addresses and Other Papers (New York: The Burning Bush Press, 1959), pp. 35–39 and cf. pp. 1–7.
[20] David Ellenson and Lee Bycel, “A Seminary of Sacred Learning: The JTS Rabbinical Curriculum in Historical Perspective,” Wertheimer, vol. 2, p. 546.
[21] JTS Semi-Centennial Volume, p. 25.
[22] Schochet and Spiro, p. 29.
[23] Compare the pictures in Jeffrey Gurock, The Men and Women of Yeshiva (New York: Columbia University Press, 1988), after p. 120; to the pictures in Baila R. Shargel, “The Texture of Seminary Life During the Finkelstein Era,” Wertheimer, vol. 1, pp. 527, 535.
[24] Regarding Schechter, see Mel Scult, “Schechter’s Seminary,” in Wertheimer, vol. 1, pp. 58–59; Michael Panitz in Robert Fierstien and Jonathan Waxman, eds., Solomon Schechter in America: A Centennial Tribute (New York: The Joint Convention Committee, 2002), p. 14; and Solomon Schechter, Seminary Addresses and Other Papers, pp. 48–49. Regarding Adler, see Schochet and Spiro, p. 17, which is based on Mel Scult (in Wertheimer, vol. 1), pp. 85–88.
[25] Schochet and Spiro, pp. 21–22.
[26] Ibid., p. 22. Regarding Finkelstein’s desire for JTS to serve all denominations, see Michael B. Greenbaum, “The Finkelstein Era,” in Wertheimer, vol. 1, pp. 163ff.; Jack Wertheimer, “JTS and the Conservative Movement,” in Wertheimer, vol. 2, pp. 419–420; and Michael B. Greenbaum, Louis Finkelstein and the Conservative Movement: Conflict and Growth (Binghamton: Global Publications, 2001), pp. 48, 60–67. Ibid., p.22.
[27] Shapiro, p. 48.
[28] Ibid., p. 9, n. 30.
[29] Shapiro, pp. 17–18.
[30] Ibid., p. 17.
[31] Ibid.
[32] See Saul Lieberman, Mehkarim B’torat Eretz Yisrael, ed. David Rosenthal (Jerusalem: Magnes, 1991), pp. 601–602, for a beautiful vignette from that period of time.
[33] Schochet and Spiro, pp. 8–10.
[34] Ibid., pp. 10–11.
[35] Shapiro, p. 18.
[36] Shapiro, Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), p. 449.
[37] Schochet and Spiro, pp. 9–10.
[38] Ibid., pp. 10–11; and cf. Lieberman’s English introduction to Harry Fischel Institute Publications, Section III, Rishonim, vol. 1 (Jerusalem: Harry Fischel Institute Press, 1937), pp. vi-viii, where he spells out the qualities necessary to do scientific talmudic research. My thanks to Professor Shamma Friedman, who called my attention to this passage a number of years ago. Cf. Preschel (n. 4 above), who lists this article in item 36 even though the Hebrew and English introductions to that volume are totally different. Ibid., pp.10–11.
[39] Shapiro, Hebrew side, p. 17, also quoted in the English side, n. 64.
[40] Regarding the Seminary library, see Alexander Marx in The JTS Semi-Centennial Volume, pp. 87–120; Menahem Schmelzer, ed., Alexander Marx, Bibliographical Studies and Notes, (New York: Jewish Theological Seminary and Ktav, 1977); Herman Dicker, Of Learning and Libraries: The Seminary Library at One Hundred (New York: Jewish Theological Seminary, 1988); and Menahem Schmelzer, “Building a Great Judaica Library—At What Price?” in Wertheimer, vol. 1, pp. 678–715.
[41] Schochet and Spiro, p. 16.
[42] Ibid., pp. 9, 18–20.
[43] Shapiro, Hebrew section, pp. 17–18.
[44] Schochet and Spiro, pp. 23–39.
[45] Ibid., p. 16.
[46] Saul Lieberman, Hilkhot Hayerushalmi L’harambam (New York: Jewish Theological Seminary, 1947), p. 3
[47] Schochet and Spiro, p. 24.
[48] Both quotations are from Schochet and Spiro, p. 26.
[49] Ibid., p. 37.
[50] Ibid., p. 40.
[51] David Golinkin, ed., Proceedings of the Committee on Jewish Law and Standards of the Conservative Movement 1927–1970 (New York and Jerusalem: The Rabbinical Assembly and the Institute of Applied Halakhah [of the Schechter Institute], 1997), vol. 2, pp. 825–829.
[52] Shapiro, p. 26.
[53] Ibid., p.20, n. 72
[54] Golinkin, Proceedings, vol. 1, p. v.
[55] Ibid., p. 24.
[56] Golinkin, “Influence,” pp. 451–452. Golinkin, “Influence,”pp.451–452.
[57] Shapiro, pp. 26–27 = Proceedings of the Rabbinical Assembly 17 (1953), pp. 75–76 = Golinkin, Proceedings, vol. 2, pp. 810–811.
[58] Rabbi Wolfe Kelman, unpublished letter to Sheldon Engelmayer, May 14, 1987. I received a copy from Professor Jack Wertheimer and I gave a copy to Marc Shapiro, who quotes from the letter in his monograph, p. 20.
[59] Golinkin, “Influence,” p. 452, n. 55. Shapiro published the second letter on the Hebrew side of his book, pp. 33–34.
[60] Schochet and Spiro, p. 99, end of n. 163.
[61] I quoted this letter in Golinkin, “Influence,” p. 452. Shapiro published the entire letter in Shapiro, Hebrew side, pp. 35–36 and discusses it on the English side, p. 20, n. 72.
[62] Shapiro, Hebrew side, p. 40.
[63] See above, n. 5.
[64] Shapiro, p. 20, n. 72.
[65] Ibid.
[66] Schochet and Spiro, pp. 66 ff., 99 n. 163.
[67] Shapiro, p. 22.
[68] Shapiro, Kitvei Ha-gaon Rabbi Yehiel Yaakov Weinberg, vol. 2 (Scranton: University of Scranton Press, 2003), pp. 449.
[69] Shapiro, Hebrew section, pp. 33-34
[70] Pirkei Avot 4:20.



The “Doctored” Medical Diploma of Samuel, the Son of Menasseh Ben Israel: Forgery or “For Jewry”?

The “Doctored” Medical Diploma of Samuel, the Son of Menasseh Ben Israel:[1] Forgery or “For Jewry”?

Rabbi Edward Reichman, MD

Menasseh ben Israel is a prominent figure in Jewish history known for his role in the return of the Jews to England in the time of Oliver Cromwell, as well being the first to establish a Hebrew printing press in Holland.[2] Menasseh had two sons and a daughter. His son Samuel, born in 1625, was a Hebrew printer,[3] publishing a number of his father’s works, and also assisting his father with his diplomatic endeavors in England. Here we focus on another aspect of Samuel’s life- his medical career.

In a correspondence dating from the mid seventeenth century, we find information about Samuel’s medical training and degree. The letter, dated Tammuz, 5416 (1655), is from Yehuda Heller Wallerstein to Samuel Ben Israel. Yehuda writes from Salonica and reports how he encountered Jan Nicholas, the brother of Sir Edward Nicholas, British politician and advocate for the resettlement of the Jews in England, who enlightened him as to Samuel’s recent activities: “He informed me that in a short period of time you achieved great success in your study of the sciences and merited, with the assistance of Edward his brother, to present for examination before the professors of the University of Oxford, and to obtain the distinction, ‘Doctor of Medicine and Philosophy’.”[4]

There would appear to be no reason to doubt this account. Menasseh was certainly connected to the influential Sir Edward Nicholas, whose work advocating for the Jews return to England he translated. Samuel is in fact known to have been a physician. However, this account is found in the writings of Abraham Shalom Friedberg, master of historical fiction. While Samuel is an historical figure, Heller Wallerstein is a likely a figment of the author’s imagination and the letters are primarily a vehicle to explore the historical chapter of Shabbetai Zevi, the false messiah, for which this account of the diploma is only peripheral.

The only historical source, upon which the remainder of this fanciful account revolves, is a medical diploma from the University of Oxford granted to Samuel ben Israel on May 6, 1655,[5] and even the veracity of this document is suspect. A number of historians have discussed this diploma, primarily through the lens of Samuel’s famous father Menasseh, and have concluded that it is a forgery. Here we introduce a new perspective to this discussion and view the diploma from the vantage point of Jewish medical history, an aspect strikingly absent from previous discussions. It is only through this lens that we can gain an accurate assessment of its content and context. Was it really a forgery, or merely a product of the historical realities of its age?

A Word on the Medical Training of Menasseh ben Israel, Samuel’s Father

As a backdrop to our discussion about Samuel’s medical training, it is instructive to analyze the medical qualifications and practice of his father. Aside from his activities as a rabbi, statesman and author, Menasseh was also a physician.[6] The medical face of Menasseh has received scant treatment by historians, and perhaps for good reason. It was clearly not a major aspect of his daily life or contribution to Jewish history. His medical personality was manifest only peripherally or secondarily, and inconsistently as well. Nonetheless, understanding Menasseh’s medical identity sheds light not only on Jewish medical history in general, but also on his son’s medical training.

In a number of published works Menasseh refers to himself as a physician. In his letter to the Lord Protector of the Commonwealth, published in 1655, the very same year as Samuel’s diploma, he is identified as a “Doctor of Physick.”

In the work below from 1656 he is called a physician:

Menasseh also referred to himself as “Medicus Hebraeus.”[7] This title was also used to describe Ephraim Bueno, a prominent Amsterdam physician, as well as a friend and supporter of Menasseh.[8] Furthermore, his connection to medicine is reflected in his translation of the aphorisms of Hippocrates into Hebrew [9] and his relationships with a number of physicians.[10]

To my knowledge there is no record of Menasseh obtaining a medical diploma or graduating from a university. One scholar writes, without reference, that he attended medical school at the University of Groningen for a short time, though apparently did not complete his degree.[11] I have seen no evidence to corroborate this assertion and the university has no record of his matriculation in their archives.[12]

Menasseh’s identification as a physician was not consistent. In some works, the medical title is omitted:

Another curious fact is that Menasseh’s Hebrew writings make no mention whatsoever of his role or title as a physician, nor have I seen him identified as a rofeh in any Hebrew literature. Roth suggests that he may have practiced, though evidence is lacking, and that he included his address when he identified as a physician in his English works as a form of advertising.[13] The tombstone of Menasseh in the Ouderkerk Cemetery does not bear the title doctor or physician.[14]

While historians are wont to call Samuel’s diploma a forgery, his own father considered himself a physician without obtaining a degree or diploma. Should we not, to be consistent, consider Menasseh an imposter physician?

Essential to our assessment of the medical titles and careers of both Menasseh and his son is an understanding of the training of Jewish physicians at this period in history. While today the notion of a physician without formal university training culminating in a diploma is anathema, not to mention criminal, this was simply not the case in the Middle Ages and Renaissance, particularly for the Jew. In fact, Jews were universally barred from attending or graduating universities, which were invariably under the auspices of the Catholic Church. Graduation from universities, such as Oxford, included and required statements or oaths avowing one’s belief in Christianity.

This did not prevent Jews from becoming physicians. They pursued an alternate medical educational pathway comprised of independent learning and clinical training through apprenticeship.[15] This enabled them to take licensing exams and earn the title doctor. Some simply self-identified as a physician or rofeh by virtue of their extensive training. The overwhelming majority of Jewish physicians trained through this alternate pathway, and it is likely that Menasseh is counted amongst them. Once universities began to open their doors to Jewish students,[16] a number of academically motivated students chose this conventional pathway. These university-trained physicians initially accounted for only a small percentage of the health professionals in the Jewish community. Thus, the title “rofeh” or “doctor” in this period was not specifically associated with a university degree.[17]

The Medical Diploma of Samuel ben Israel

The full text of Samuel’s medical diploma was first printed by Koenen in 1843.[18] Koenen raises no doubts whatsoever as to the veracity of the document and publishes it, without discussion, comment or context, as part of a collection of important documents in Dutch Jewish history. Through what training or means Samuel attained this diploma is entirely omitted.

After its publication, the diploma was initially accepted by historians and scholars without question. For example, G. I. Polak wrote that Samuel, through extraordinary skill and acumen, was able to obtain his degree in medicine and philosophy from Oxford.[19] Some even took the liberty to provide additional details. For example, Graetz writes in his classic History of the Jews:[20]

Samuel ben Israel … was presented by the University of Oxford, in consideration of his knowledge and natural gifts, with the degree of Doctor of Philosophy and Medicine, and according to custom, received the gold ring, the biretta, and the kiss of peace.[21]

Where could Graetz have derived this detailed information? It actually appears in the Latin text of Samuel’s diploma, which describes the features of the classic graduation ceremony for European universities during this period. The biretta, often called the Oxford Cap, is the ancestor of our contemporary four-cornered graduation cap.

The scholar Adolph Neubauer appears to have been the first person to suspect something was not kosher with Samuel’s credentials, and at his behest, in 1876, Richard Griffith, the Keeper of the Archive at the University of Oxford reviewed the text of the diploma.[22] The following are the summary points of his analysis:[23]

  • Samuel is not mentioned in the Registers of the university as having ever attended or received a degree.
  • Degrees from Oxford were not issued in the month of May, the date of the diploma.
  • The diploma is signed by two specific people, while the typical Oxford degree is conferred by the university and bears a seal, without the signature of any specific person.
  • The degree is granted in both philosophy and medicine, and Oxford never granted degrees in philosophy, either alone or combined with medicine.
  • There are multiple phrases not used in the Oxford diploma and multiple procedural aspects referred to that simply were not part of Oxford’s protocols.

Griffith’s inescapable conclusion is that this is unequivocally not a genuine Oxford diploma. His analysis is unassailable. Griffiths was certainly familiar with the text of the medical degrees from Oxford during Samuel’s time; indeed, he literally wrote the book on the subject.[24]

Based on Griffith’s analysis, Samuel’s diploma is so fundamentally different than the standard Oxford diploma, there would seem to be no reason to obtain an actual Oxford diploma from that time to further compare the two. Even if one were to consider such a comparison, it would be challenging if not impossible to find an extant diploma from Oxford contemporary with Samuel. In response to my query, the Oxford Archives today responded that they do not possess any diplomas from this period, nor, for that matter, are they aware of any held elsewhere. The archivist added that they cannot be sure that diplomas or degree certificates, in the sense we understand the term, were even created or issued at Oxford from the 15th to the 17th centuries. As mentioned, there was however a specific template and wording associated with the granting of degrees at Oxford,[25] and the graduate would receive some confirmation of their degree, albeit perhaps not a formal diploma in the classic sense. The document did however bear the university seal. It is upon this Oxford template that Griffith based his analysis.

After negating any connection to Oxford, Griffith adds that the diploma was rather an adaptation of a form then used by the University of Padua, “with alterations willfully and insufficiently made.” Griffith was familiar with the Padua diploma template from his Oxford position for a curious reason. In the seventeenth century many graduates in medicine desiring to practice in England obtained their degrees outside of the United Kingdom, often at the University of Padua. In order to practice in England, the graduate had to be “incorporated” into either the University of Oxford or Cambridge. As a prerequisite to incorporation the students were required to present their diplomas/degrees from the granting institution.[26]

The Location of the “Original” Diploma

While Koenen published the full text of Samuel’s diploma, he makes no reference as to the location of the original document. Roth notes that he received a photo of the diploma from the Montezinos Library (known today as Ets Haim- Livraria Montezinos) in Amsterdam. A catalogue of the library holdings from 1927[27] states that the library possessed copies of the first and last pages of the diploma, though not the original.[28] The Ets Haim Library today does not have a record of the diploma photographs.[29] I reached out as well to the Bibliotheca Rosenthaliana, the other major Jewish historical collection in Amsterdam, to see if perhaps the diploma ended up there, which it did not.[30] I also contacted the Roth Collection at the University of Leeds to see if perhaps Roth’s copies of the diploma are kept there, and to my dismay, they likewise have no record of Samuel’s diploma.[31]

Without the actual document, it is impossible to definitively comment on its veracity. Access to the original would allow analysis of the ink and paper for dating. Even access to the copies would be useful. For example, the diploma contains signatures of two faculty members of the University of Oxford. A comparative graphological analysis with known signatures of these men could easily confirm the document’s origin. Regretfully, I have access to neither the “original,” nor the copies. I nonetheless offer additional information and analysis in defense of a Jewish physician accused of forgery in the hopes of restoring his reputation. Absent such essential material information for my case, you may feel free to conclude that my diploma (analysis) is a forgery of sorts. I hope to nonetheless persuade you to drop the charges of forgery, though definitive proof beyond a shadow of a doubt awaits the discovery of the “original” diploma.

Was the diploma a forgery?[32]

Samuel’s diploma was beyond doubt not an official Oxford-issued document, as Griffith details, but was it necessarily a forgery? All historians to date familiar with Griffith’s analysis assume the answer to be a resounding yes, some even labelling it a “brazen” forgery.[33] There is no evidence of any suspicion of the document’s veracity during the lifetime of its bearer. As to when the document was supposedly forged, while the theoretical possibility exists that the diploma was a product of the nineteenth century, Roth convincingly dismisses this theory. He concludes, “The hypothesis of a nineteenth-century fabrication may thus be definitely ruled out.”[34] We are thus left with the universally accepted belief that Samuel forged his own diploma.

Kayserling notes that Menasseh, and thus Samuel, had not yet visited England in May of 1655, the date of the document. This would seemingly conclude the case for forgery and leave little room for discussion. Roth however subsequently rejected this assertion upon finding record in the Calendar of State Papers of the period (documents not accessible to his predecessors and only then recently made available) that Samuel had been sent ahead to England prior to his father and was indeed there at that time.[35] 

The accumulated evidence is certainly suggestive of forgery, but is it dispositive? Could there be another plausible explanation behind this diploma? I would like to suggest that its rejection as an official Oxford diploma does not inexorably lead to a verdict of forgery. By placing this diploma into the larger context of Jewish medical training and diplomas, as well as comparing Samuel’s diploma to other known medical diploma forgeries of the time, specifically for the universities of Padua and Oxford, we may be able to offer another alternative to criminality for one not known to be inclined to such behavior, not to mention being the son of a prominent Jewish rabbi and statesman. I endeavor at minimum, to prove reasonable doubt regarding the accusation of forgery.

Griffith’s Omission and the “Jewish” Diploma

Griffith correctly asserts that Samuel’s diploma is modeled after that of Padua. There is however, a key aspect of this supposed forgery that has previously gone unnoticed. What Griffith did not mention, nor was he likely aware, is that the diplomas issued to Jewish students in Padua often differed in a number of ways from the standard university issue. While there was no specific Jewish diploma template per se, as the standard diploma contained a number of Christian references, the diplomas of Jewish graduates invariably contain some combination of omissions or emendations to the standard text.

As part of our investigation into the diploma’s possible forgery, it is important to ascertain whether Samuel’s diploma is a copy of a standard Padua diploma or one of the Jewish variety. Below we list a few of the typical changes found in Padua diplomas of Jewish medical graduates of Samuel’s period, providing examples of each. We then compare them to Samuel’s diploma.

  1. The Headline of the Diploma

The most obvious change to the Jewish diploma meets the eye of the reader immediately upon viewing the document. The headline of the typical diploma reads, “In Christi Nomine Amen” (in the name of Christ, Amen), and it usually appears in larger decorative font, occasionally occupying an entire page.

William Harvey’s Medical Diploma (Padua 1602)

This would clearly have been objectionable to the Jewish student. The diplomas of the Jewish students were therefore usually emended to read, “In Dei Aeterni Nomine” (in the name of the eternal God), or some variation thereof.

Below are a number of emended diplomas of Jewish students:

Diploma of Isaac Hellen (Padua, 1649)[36]

Diploma of Emanuel Colli (Padua, 1682)[37]

  1. The Date

There are number of ways the year of the degree could appear on the typical diploma, and all of them include Christian reference. Examples include Anno Domini, Anno a Christi Nativitate, and Anno Christiano. Two typical examples are below.

Diploma of Giulio Antonio (1679)[38]

Diploma of John Wallace (around 1618)[39]

The date was unaltered for many Jewish diplomas

Diploma of Jacob Levi (Padua, 1684)[40]

Diploma of Isaac Hellen (Padua, 1649)

In some Jewish diplomas however, the Christian reference is omitted, and the date is listed as “currente anno,” current year.

Diploma of Moise Tilche (Padua, 1687)[41]

Diploma of Lazzaro De Mordis (Padua, 1699)[42]

The date alone is not a reliable indicator of the “Jewishness” of the diploma.

  1. The Location of the Graduation Ceremony

The graduation ceremony for the Catholic medical students was held in the Episcopal Palace and this was recorded in the diploma:

Diploma of Giulio Antonio (Padua, 1679)

The degrees of the Jewish students were not granted in the Episcopal Palace, but rather in non-ecclesiastical venues. As such, the words “Episcopali Palatio” are omitted, leaving the phrase “in loco solito examinu,” (in the usual place of examination).[43]

Diploma of Isaac Hellen (Padua, 1649)

This is the case in virtually all Jewish diplomas.

  1. Hebreus or Iudeus

There is one feature of the typical Jewish diploma that is not an emendation or omission, but rather an addition. With few exceptions, the Jewish students were identified as Hebreus or Iudeus. This was the convention in Padua for centuries and was found in other Italian universities as well.[43]

Diploma of Isaac Hellen (Padua, 1649)

Diploma of Emanuel Colli (Padua, 1682)

Diploma of Moise Tilche (Padua, 1687)

There are a few exceptions:

Diploma of Moysis Crespino (Padua, 1647)[45]

Notarized Copy of Diploma of Abraham Wallich (Padua, 1655)[46]

Abraham Wallich graduated Padua in 1655, the same year as Samuel’s diploma. His original diploma is not extant, though we have a notarized copy that he presented to the Jewish community of Frankfurt as proof of his credentials. In this copy, the identifiers of Hebreus or Iudeus do not appear. I suggest that “Iudeus” could have in fact appeared in his original diploma and was possibly omitted here by the copyist. As Wallich was a religious Jew applying to a Jewish institution, it would have been superfluous to add “Hebreus.”

  1. The Details of the Graduation Ceremony.

The standard Padua diploma also included a description of the graduation ceremony. This was not altered in the Jewish diplomas as the Jewish students participated in this ceremony, albeit with some changes. While the location may have been different, and perhaps the oath would have been tailored for the Jewish student, the core of the ceremony for the Jewish student otherwise remained the same. A remarkable pictorial testimony to this fact is the diploma of Moise di Pellegrino (AKA Moshe ben Gershon) Tilche, who graduated Padua in 1687.[47]

Underneath the portrait of the graduate is the illustration, represented with putti, of the features of the graduation ceremony of Padua.

This ceremony involved a golden ring, a wreath and a hat, known as a biretta (though not the four-cornered variety). The opening and closing of books as a representation of the transmission of knowledge was also a part of the ceremony.

Was Samuel’s Diploma modeled after a standard or “Jewish” Diploma from Padua?

In review of the Jewish diplomas from Padua of Samuel’s day, the headline was consistently altered, as was the location of the graduation. The typical Christian recording of the year of graduation was occasionally, though not uniformly altered. The majority of the Jewish graduates, with few exceptions, were identified as either Iudeus or Hebreus.

Which of these additions, omissions or alterations appear in Samuel’s diploma?

  1. The Headline

In his article republishing the existing material on Samuel’s diploma, Neubauer writes, “in order to make the documents concerning this degree accessible to the Anglo-Jewish public, I shall reproduce here the Latin diploma line by line (Neubauer’s emphasis) as given by Koenen.” The text of the diploma he provides begins as follows:

In the original publication by Koenen however, the diploma begins with a short phrase:

Neubauer omitted the introductory words, “In Nomine Dei, Amen,” perhaps assuming they were not part of the diploma, or simply noncontributory to the text. In fact, these four words are crucial in identifying the nature of Samuel’s diploma and reflect one of the major differences found virtually ubiquitously in the Jewish diplomas of Padua.

  1. Date

A typical Christian date is used.

  1. Location of Graduation

The location of the ceremony is given as the Academy of Oxford.

  1. Hebreus or Iudeus

The identifier Hebreus or Iudeus is not found in Samuel’s diploma.

The headline in Samuel’s diploma is clearly consistent with the Jewish form of diploma. The date is of a Christian format, Anno Christiano, and the location is listed simply as Oxford with no reference to an ecclesiastical venue.

The identifier “Hebreus” is conspicuously absent. To be sure, there were certainly other examples where this was true. However, the omission in Samuel’s case is noteworthy, as his own father, Menasseh, self-identified as Medicus Hebreus, as did other Jewish physicians in Amsterdam, such as Ephraim Bueno. Surely the son would have adopted the title of the father.

In sum, the headline of Samuel’s diploma, a crucial element in determining its style, conforms to the Jewish Padua diploma, as does the venue for the degree, which is non-ecclesiastic. While the date retains the Christian reference, this is non-contributory. Samuel’s diploma does however omit the typical Jewish identifier of Hebreus, a title specifically used by his own father, a fact that begs explanation.

Other Medical Diploma Forgeries of the Seventeenth Century

If Samuel’s diploma were indeed a forgery, it would be the only known case of a forged medical diploma by a Jewish physician in the pre-Modern era. To be sure, there have been numerous forgeries of diplomas, including the medical variety, throughout history. Below we discuss two forgeries of the same historical period as Samuel and purported to be from the two very institutions with which Samuel’s diploma is associated. These may shed light on our forgery discussion.

A Forged Medical Diploma from Padua 1628

The diploma of John Wallace sat in the Royal College of Physicians for centuries, assumed to be genuine. It was only recently that Dr. Fabrizio Bigotti took a closer look at the diploma, revealing that it was a clear forgery.[48] Below you see the latinized name of Wallace clearly written in a different pen and different hand than that of the original diploma.

The year of graduation, 1628, was also altered.

The date was proven to be fake, as the authentic signatures at the end of the diploma include Fabrici d’Acquapendente and Adrian van de Spiegel, both of whom had died by 1628. The true date is assumed to be around 1618.

In this case of forgery, Wallace procured an existing diploma and replaced the name and date with his own. There is apparently no record of his medical practice, so it is unclear if his forgery was successful. Perhaps he forged this diploma with intent to present to Oxford for incorporation. I do not know if the RCP checked the Oxford Register of Congregation for the relevant years.[49]

The Frankland Forgery of an Oxford Diploma[50]

In the diary entry for Anthony Wood, Oxford antiquary, for November 15, 1677, we find the following:[51]

Frankland first presented his false credentials in 1667.[52] He was apparently a haughty and disagreeable man disliked by his colleagues at the college. It was his juniors who raised suspicion about his credentials and privately inquired of Dr. Hyde, King’s Professor of Physic, as well as the registrar, to verify his documents. The forgery was confirmed by Oxford in November 1677,[53] when it was determined that Frankland was not listed in the Medical School Register and that he had forged the university seal.[54] Furthermore, Frankland defrauded Cambridge University, which granted him a medical degree solely on the basis of his previously obtained Oxford diploma. Frankland not only forged the university seal of Oxford, which was an integral part of the official document, he seems to have added an element to the diploma which was a tip off as to its forgery. Dr. Brady of Cambridge reported:[55]

This exact issue was also identified by Griffith as one of the elements of Samuel’s diploma that deviated from Oxford protocols. Of course, with Samuel’s diploma, this was one of many deviations from Oxford’s template; for Frankland, this was more essential in identifying the forgery.

These two forgeries from Samuel’s period, and from the very institutions associated with his diploma are instructive. If Samuel was truly a forger, could or should he have pursued the methods of Wallace or Frankland?

A Padua Diploma Forgery ala Wallace

Forging a genuine Padua diploma would have been more challenging than one from Oxford for a number of reasons, both technical and cultural. While objectively few Jewish students attended the University of Padua Medical School,[56] it was the main address for Jewish students wishing to obtain a university medical degree. While far from Amsterdam, the Jews of Europe were all connected. In addition, Amsterdam was a hub of Jewish printing and a number of works by Italian authors were printed there. A forged medical diploma could possibly have been detected by Italian visitors. It would have been risky.

From a technical perspective, the Padua diploma, in Italian Renaissance fashion, was copiously illustrated and meticulously calligraphed, often including a portrait of the graduate. A number of these diplomas are extant in libraries and private collections.[57] It would have been exceedingly difficult to replicate the diploma itself, not to mention that it was typically bound in a gilded leather binding with official wax seals attached by thread.

Picture Courtesy of Professor Fabrizio Bigotti

All these accoutrements would have made the endeavor of forgery prohibitive from the outset.

There could have been another option for a Padua diploma forgery. Abraham Wallach had a notarized copy of his 1655 Padua diploma made for his job application as a community physician in Frankfurt.[58]

Beginning of the copy of the diploma:

Notarization of the diploma:

Perhaps Samuel could have created a similar “notarized” copy, which would not have required the artistry or associated binding and seals. This option would likely not have sufficed for Samuel, who as the “graduate,” would have been expected to possess and present the original.

Could Samuel have obtained an existing Padua diploma and simply replaced the name of the graduate with his own, as Wallace had done? This would certainly have been easier than forging the diploma de novo. However, recall that the Padua diplomas of the Jewish students had some alterations, the most obvious one being the headline change from In Christi Nomine to In Dei Aeterne Nomine, not to mention other more subtle, less noticeable changes. Samuel would have had to procure an old diploma that previously belonged to a Jewish student, an impossible task.

An Oxford Diploma ala Frankland

Should Samuel have created a diploma more in line with the actual Oxford model, as Frankland, whose forged university seal and diploma were sufficient to fool even the Royal College of Physicians and Cambridge University? Had he produced a Frankland-esque diploma no one would have suspected otherwise, as no Jew had ever obtained or presented an Oxford diploma before. While this could have been an ideal forgery,[59] I suggest below why this may not have served Samuel’s needs.

The Medical Training and Practice of Samuel ben Menasseh

Irrespective of the veracity of his diploma, Samuel appears to have been a practicing physician. Samuel is listed as a physician by both Steinschneider[60] and Koren,[61] each of whom provides additional references. He is also listed in an early twentieth century work among a group of exceptionally prominent Jewish physicians across the ages.[62] Moreover, his tombstone identifies him as a physician. To my knowledge we do not have any specific account of his clinical practice.

As we have no direct evidence as to how Samuel trained in medicine, we can only surmise based on the general climate of Jewish medical training at the time, coupled with whatever fragmentary evidence we have of Samuel’s personal medical exposure.

Samuel had personal exposure to both the apprenticeship and university pathways of medical training. His father most likely obtained his education through the apprenticeship pathway. Samuel certainly could have learned the medical art from his father Menasseh, though the biographies of Menasseh reveal that he had little time, if any, for the practice of medicine. It would have been difficult for Samuel to acquire comprehensive medical knowledge without prolonged extensive clinical exposure, something his father could not provide.

Though Menasseh himself may not have had the time to mentor his son, he could have delegated the task to one of his physician colleagues.[63] Ephraim Bueno, for example, was a prominent physician in Amsterdam with whom Menasseh had a relationship.[64] Bueno supported Menasseh’s first publication.[65] They also both shared the distinction of having their portraits drawn by Rembrandt.[66] Perhaps Samuel apprenticed with, or at the very least, was inspired by Bueno.

Had he desired, Samuel could have obtained a formal university medical degree. In the early part of the seventeenth century, this would only have been possible in Italy, and primarily at the University of Padua. Traveling to Padua, however, would entail leaving the family and other potential hardships, such as the language barrier. Fortunately, beginning in the mid-century universities in the Netherlands (primarily Leiden), following in the footsteps of Padua, began opening their doors to Jewish medical students for the first time.[67] In fact, Samuel’s cousin Josephus Abarbanel, who also lived in Amsterdam, graduated from the University of Leiden on June 2, 1655, just a few weeks after Samuel received his Oxford diploma.[68]

Which option/pathway did Samuel choose? Though his diploma is Padua-esque, there is no record of Samuel attending the University of Padua. There is also no record of his attendance or graduation from any school in the Netherlands.

Samuel certainly would not have attended the University of Oxford as a student. Professing Jews were not allowed there. Moreover, it would also have required his presence in England for a prolonged period, which, by all accounts was not the case. Roth writes regarding the likelihood of Samuel obtaining an Oxford degree, “it was as difficult for a Jew to be graduated from it (Oxford) as it would have been for an anthropoid ape.”[69] This unwelcoming climate for the Jews persisted even long after the return of the Jews to England.[70] In fact, in Herman Adler’s lecture on the Jews of England in the late nineteenth century, he comments on the medical degree of Samuel, which he assumed to be authentic: “This fact (granting a medical diploma to the Jew Samuel ben Israel) would seem to show that the university was more enlightened in the year 1655 than it is in 1870.”[71]

Samuel’s “For Jewry” Diploma

I suggest that Samuel trained primarily through the apprenticeship pathway but requested and received university acknowledgement or imprimatur of his medical education and knowledge. The diploma was thus an affirmation of Samuel’s expertise attested to by members of the Oxford faculty. As opposed to today, when a student must attend a certain number of years in a university as a prerequisite to obtaining a degree, universities often gave exams and imprimatur to those who studied elsewhere, either formally or not, but passed the required examination demonstrating the required knowledge and competence. This could explain the unusual nature of the diploma he procured from Oxford.

While many Jewish physicians in this period practiced freely without university education or diplomas, there may have been an additional impetus for Samuel to procure this affirmation from Oxford. The Dutch were generally known for their tolerance, but this apparently did not extend to the Jews and the practice of medicine. According to historians, “Although Jews with foreign degrees were permitted to engage in medicine as general practitioners, tolerance was not extended to tertiary education.”[72] Thus, even though Samuel may have been qualified to practice by virtue of his apprenticeship, and could have practiced freely in other European countries, his practice in the Netherlands would have been limited without a foreign degree.[73]

Do the existing facts and diploma support this theory?

The Signatories

The two signatories on Samuel’s diploma were Dr. John Owen and Dr. Clayton at Oxford. Owen was a friend of Cromwell and Vice Chancellor of the University at that time. Thomas Clayton was Regius Professor of Medicine at Oxford from 1647 to 1665. These were not fictional characters, and if one were to obtain an affirmation of medical knowledge or education, these would be the perfectly appropriate people to attest to such a document. Given Menasseh’s connections, it is not inconceivable that he utilized his influence to arrange for his son’s exams, or that they acceded to Samuel’s request out of deference to Menasseh.

The Absence from the Oxford Register

Griffith highlights the fact that Samuel’s degree is not found in the Oxford Register. Indeed, no professing Jews were listed in the register at Oxford at that time. According to our theory, this absence from the Register is no proof of forgery. There was not the slightest thought of entering this exchange into the official university Register, as not only did it not meet the standard protocols, the recipient was also of the Jewish faith and expressly precluded from such a privilege. Samuel may have assured the examiners that he had no intention of practicing in the United Kingdom, a fact that would have made it easier for them to feel comfortable affixing their names to the document.

Likelihood of Exposure

If indeed Samuel were prone to deceit, what is the likelihood his rouse would have been discovered? His father would certainly have realized.[74] The very purpose of Samuel’s trip was to pave the path for his father’s visit. Samuel was thus expecting his father to later visit England and likely interact with the very same people he did. Indeed, Menasseh appears to have visited Oxford.[75] Surely Samuel’s diploma would have come up in conversation, if only peripherally. This alone could have served as a deterrent for forgery. Additionally, John Owen, a signatory on the diploma, was a close friend of Cromwell’s, and a forgery could have been revealed through this avenue. If one were to arbitrarily choose Oxford faculty for a fake diploma, better not to choose someone whose trail could ultimately lead to disclosure.

A forgery would have been suspected, if not revealed, from another source. Samuel’s cousin Joseph Abarbanel completed his medical training in Leiden at the very same time as Samuel’s diploma was issued, and also lived in Amsterdam. He surely would have been suspicious if Samuel suddenly started practicing medicine after a forged Oxford diploma emerged de novo and appeared, metaphorically, framed on Samuel’s office wall.

The Text of the Diploma- An Oxford-Padua Synthesis ala Samuel ben Menasseh

Working with our new theory, which type of diploma would Samuel have procured or designed had he genuinely presented to Oxford and successfully passed oral exams from the university faculty? This would not have been an official, formal process, but rather a unique private opportunity to confirm his medical expertise with the Oxford faculty. As this was a personalized, non-institutional diploma, the examiners would not have much cared or paid attention as to the diploma’s format and could have left the document particulars to Samuel.

I suggest, therefore, that Samuel designed the document in a way that would best serve his needs and would be well-received by his Jewish clientele in the Netherlands. A brief informal text with attestation from the Oxford professors would have been unfamiliar and unimpressive to his Jewish patients.[76] Virtually the only diploma a Jewish university-trained physician would have possessed in this period is a diploma from the University of Padua.[77] He therefore utilized the familiar Padua template, as awkward and inconsistent with Oxford’s typical diploma it may have been. Furthermore, he made sure to use the emended headline and non-ecclesiastic venue consistent with the “Jewish” diploma.

Why did Samuel not include the term “Hebreus,” which would surely have been familiar to the Jewish viewers of the diploma, not to mention following in the path of his father, who was known as “Medicus Hebraeus?” It is possible that Samuel would have specifically omitted this title given the history of the degree-granting institution. Professing Jews were categorically precluded from attending or graduating Oxford. While the signators may not have paid close attention to the details of the diploma, the word Hebreus after Samuel’s name would likely have caught their eye, especially as it appears adjacent to the graduate’s name.

There are numerous elements in the diploma that were simply untrue. For example, included is a description of the graduation, as cited by Graetz. Did Samuel actually participate in a formal graduation from Oxford? Whether Samuel obtained a genuine diploma of some sort from Oxford can be debated, but there is no doubt that as a professing Jew in England at this time he would never have participated in any formal graduation ceremony. Samuel may have disregarded these details favoring style over substance in order to achieve his objective. The signators would likely not have bothered to analyze the text.

Not a single Jew would have known the difference, let alone read the Latin document, nor would they have questioned further.[78] They would have seen a document that appeared in style and largely in substance similar to the diplomas they had seen previously. Samuel’s father would have been proud of his son’s accomplishment, as would his cousin Josephus Abrabanel, who later graduated from Leiden. Menasseh could also have personally thanked Drs. Owens and Clayton for their kindness when he visited Oxford a short time later. If this construct is true then Samuel’s diploma would not have been a forgery, but rather “for Jewry,” being designed intentionally with the Jewish community in mind, and in the context of Jewish medical history.

Postscript

Whether forged on not, Samuel sadly had but little time to utilize the Oxford diploma dated May 1655. Later that month he returned to Amsterdam, diploma in hand, to persuade his father to go to England and personally lay his case before Cromwell. Two years later, Manasseh ben Israel arrived in London, accompanied by Samuel. Samuel tragically died during their stay. In accordance with Samuel’s dying wish, Manasseh ben Israel conveyed his son’s corpse back to Holland where he was buried on 2 Tishrei, 5418. Below is a picture of the grave of Samuel ben Israel in the Middleburg Cemetery, 1912, shortly after it was renovated.[79]

Here is a picture of the grave and tombstone today:[80]

His medical identity is forever enshrined on his tombstone, where he is referred to as “Doctor Semuel.”[81]

Roth writes, “It seems obvious that the honorific description (on the tombstone) has its basis the supposed Oxford degree.”[82] I beg to differ. Many Jewish physicians were trained through apprenticeship and never obtained university degrees, Samuel’s own father being a case in point, and they were nonetheless known as physicians. I believe Samuel could have been such a physician.

Menasseh himself died shortly thereafter on Nov. 20, 1657, before reaching his home at Middelburg, Zealand.

Which account is closer to the truth? Was Samuel an ambitious and accomplished student of medicine, honestly earning some form of an Oxford diploma, perhaps not unlike Friedberg’s description at the beginning of this article; or was he an unabashed imposter possessing no medical training, brazenly forging a medical diploma, and practicing medicine without proper training? Historians have been quick to condemn Samuel, though they have neglected to incorporate the history of Jewish medical training into their analyses. Ultimately, I suggest that the truth lies in the chasm between these two polar extremes. Closer to which one? I leave to the reader to decide. At the very minimum I believe we have provided enough evidence to at least create reasonable doubt as to whether Samuel the son of the right honorable Menasseh ben Israel committed willful forgery of his medical diploma.

[1] Also known as Samuel Abravanel Soeyro. See Moritz Steinschneider “Judische Aertze,” Zeitschrift fur Hebraeische Bibliographie 18: 1-3 (January-June, 1915), p. 45, n. 1923. Abravanel is taken from his mother’s family and Soeyro from his father’s family. Both names have multiple variant spellings.
[2] Cecil Roth, A Life of Menasseh Ben Israel: Rabbi, Printer, and Diplomat (Jewish Publication Society, 1945); Jeremy Nadler, Menasseh ben Israel: Rabbi of Amsterdam (Yale University Press, 2018). See also the wonderful online exhibit, “Menasseh ben Israel, rabbi, scholar, philosopher, diplomat and Hebrew printer, 1604-1657,” curated by Dr. Eva Frojmovic of the University of Leeds.
[3] For a history of Jewish physicians as printers, see J. O. Leibowitz, “Jewish Physicians Active as Printers,” (Hebrew) Harofe Haivri Hebrew Medical Journal 1 (1952), 112-120; Hindle Hes, “The Van Embden Family as Physicians and Printers in Amsterdam,” (Hebrew) Koroth 6:11-12 (August, 1975), 719-723.
[4] https://benyehuda.org/read/3230#fn:173, Zichronot LiBeit David vol 4 (Achiasaf Publications, Warsaw, 1897).
[5] Friedberg himself references the mention of the diploma in Meyer Kayserling’s The Life and Labours of Menasseh Ben Israel (London, 1877). 63 and 92, n. 241.
[6] Friedenwald mentions Menasseh, but as opposed to his other entries, adds justification for his inclusion in his work: “He is included in this list because several of his works bear his name with the title Medicus Hebraeus,” as well as his identifying as a Doctor of Physick in his letter to the Lord Protector. See Harry Friedenwald, The Jews and Medicine vol. 2 (Johns Hopkins Press: Baltimore, 1944), 739. Menassah is also is listed in Koren under the spelling Manasseh ben Israel. See Nathan Koren, Jewish Physicians: A Biographical Index (Israel Universities Press: Jerusalem, 1973), 89.
[7] Roth, op. cit., Menasseh, 109.
[8] While Bueno is famous for his portrait drawn by Rembrandt, his portrait was also drawn later in life by another Dutch artist, Jan Lievens. The description underneath the painting, Dor Ephraim Bonus Medicus Hebraeus, found in the collection of Joods Historisch Museum Amsterdam, can be seen below:

[9] This work is not extant. See Roth, op. cit., Menasseh, 314, n. 17.
[10] I. M. Librach, “Medicine and Menasseh Ben Israel,” Medical History 4:3 (July, 1960), 256-258 discusses Menasseh’s connection to physicians. Librach suggests that the close relationship between religion and medicine among the Jews has led some historians, notably Henry Milman (1863) to regard Menasseh as a physician as well as a rabbi. For further reference to Menasseh’s physician friends see Ernestine G.E. Van Der Wall, “Petrus Serrarius and Menasseh ben Israel: Christian Millenarianism and Jewish Messianism in Seventeenth Century Amsterdam,” in Yosef Kaplan, et. al., eds., Menasseh Ben Israel and His World (E. J. Brill: Leiden, 1989), 172; George M. Weisz and William Albury, “Rembrandt’s Jewish Physician- Dr. Ephraim Beuno (1599-1665): A Brief Medical History,” Rambam Maimonides Medical Journal 4:2 (April, 2013).
[11] Van Der Wall, op. cit., 165.
[12] Personal communication with Hans Froon of the Central Medical Library in Groningen (December, 2020).
[13] Roth, op. cit., Menasseh, 42, 109, 314, 341
[14] This picture of the epitaph appears in Cecil Roth, “New Light on the Resettlement,” Transactions of the Jewish Historical Society 11 (1924-1927), facing p. 118.
[15] For articles on the training of Jewish medical students, see Harry Friedenwald, “The Jewish Medical Student of Former Days,” Menorah Journal 7:1 (February, 1921), 52-62; Cecil Roth, “The Medieval University and the Jew,” Menorah Journal 19:2 (November-December, 1930), 128-141; Idem, “The Qualification of Jewish Physicians in the Middle Ages,” Speculum 28 (1953), 834-843; Joseph Shatzmiller, “On Becoming a Jewish Doctor in the High Middle Ages,” Sefarad 43 (1983), 239-249. Idem, Jews, Medicine and Medieval Society (University of California Press: Berkeley, 1994), esp. 14-27; John Efron, “The Emergence of the Medieval Jewish Physician,” in his Medicine and the German Jews: A History (Yale University Press: New Haven, 2001), 13-33; Edward Reichman,  “From Maimonides the Physician to the Physician at Maimonides Medical Center: The Training of the Jewish Medical Student throughout the Ages,” Verapo Yerape: The Journal of Torah and Medicine of the Albert Einstein College of Medicine 3 (2011), 1-25; Nimrod Zinger, Ba’alei haShem vihaRofeh (Haifa University, 2017), 242-251.
[16] The University of Padua was the first to formally allow admission of Jews to its medical school.
[17] It is possible that there were titles that distinguished between university and non-university trained physicians, such as rofeh mumheh, but this requires further study.
[18] H. J. Koenen, Geschiedenis der Joden in Nederland (Utrecht, 1843), 440-444.
[19] Gabriel Isaac Polak, Seerith Jisrael: Lotgevallen der Joden in alle werelddeelen van af de verwoesting des tweeden tempels tot het jaar 1770 (Amsterdam, 1855), 549.
[20] Heinrich Graetz, History of the Jews vol. 5 (Jewish Publication Society: Philadelphia, 1956), 38.
[21] Herman Nathan Adler clearly follows Graetz in his, The Jews of England A Lecture (Longmans, Green and Co.: London, 1870), 23.
[22] Since the initial publication of Griffith’s letter was in an obscure inaccessible journal, both the transcription of the diploma as well as Griffith’s letter were later republished. All the documents and articles are reproduced in Rev. Dr. Adler, “A Homage to Menasseh ben Israel,” Transactions of the Jewish Historical Society of England 1 (1893-1894), 25-54, esp. 48-54. This explains why some scholars were unaware of Griffith’s conclusions until years later. For additional comments and analysis, see Cecil Roth, A Life of Menasseh Ben Israel (Jewish Publication Society: Philadelphia, 1934), 221-222 and 337-339; Idem, “The Jews in English Universities,” Miscellanies of the Jewish Historical Society of England 4 (1942), 102-115, esp. 105, n. 14.
[23] Griffith lists fifteen differences in the form of the diploma from that of Oxford.
[24] Statutes of the University of Oxford codified in the year 1636, under the authority of Archbp. Laud, Chancellor of the University, with an introduction on the history of the Laudian Code by C.L. Shadwell, ed. by John Griffiths, 1888. See p. 126. For the study of medicine at Oxford in the seventeenth century see chapter by Robert G Frank Jr. entitled “Medicine” in The History of the University of Oxford, volume IV: Seventeenth Century Oxford (ed. N Tyacke, Clarendon Press, 1997). For a more general study of the period, see Phyllis Allen, “Medical Education in 17th Century England” Journal of the History of Medicine and Allied Sciences 1:1 (January 1, 1946), 115-143.
[25] G. R. M. Ward, Oxford University Statutes (1845), 53-54, 117-118, 128-131.
[26] Oxford’s Register of Congregation during this period contains numerous examples of Padua students applying for incorporation.
[27] Alphei Menasheh Catologus of J. S. Da Silva Rosa (Portugeesch Israelietische Seminarium: Amsterdam, 1927), 25, no. V. lists a picture of the first and last pages of the diploma in the possession of the Montezinos Library.
[28] Roth did not mention if he possessed copies of the entire text of the diploma.
[29] I thank Heide Warncke, Curator of the Ets Haim Library for her assistance.
[30] I thank Rachel Boertjens, Curator of the Bibliotheca Rosenthaliana for her assistance.
[31] I thank Eva Frojmovic and the staff of the Roth Collection at University of Leeds for their assistance. The cataloguing of the Roth Collection is an ongoing process and there is a fair amount of material still uncatalogued. I am hopeful the copies of the diploma will one day surface there.
[32] In the interest of full disclosure, I recently wrote an article entitled, “Confessions of a Would-be Forger: The Medical Diploma of Tobias Cohn (Tuvia Ha-Rofeh) and Other Jewish Medical Graduates of the University of Padua.” I am not however personally inclined to forgery. I would be happy to send the reader a copy of my medical diploma upon request, once I am able to locate it.
[33] David S. Katz, Philo-Semitism and the Readmission of the Jews to England, 1603-1655 (Oxford University Press, 1982), 197.
[34] Roth, op. cit., Menasseh, 338-339
[35] Roth, op. cit., Menasseh, 338-339.
[36] Germanisches Nationalmuseum, reference no. HA, Pergamenturkunden, Or. Perg. 1649 Juli 09.
[37] A copy of the full diploma is accessible through the Magnes Online Collection, http://magnesalm.org (accessed January 5, 2021).
[38] See G. Baldissin Molli, L. Sitran Rea, and E. Veronese Ceseracciu, Diplomi di Laurea all’Università di Padova (15041806) (Padova: Università degli studi di Padova, 1998), diploma C21, p. 151.
[39] See below for further discussion of this diploma, which is a forgery. The body of the diploma, including the relevant phrase cited here, is original and dates to around 1618.
[40] This diploma is housed in the Umberto Nahon Museum of Italian Jewish Art in Jerusalem. See http://www.museumsinisrael.gov.il/en/items/Pages/ItemCard.aspx?IdItem=ICMS-EIT-0076. The museum website provides a description of the diploma and a picture of the outer cover. I thank Dr. Andreina Contessa, former Chief Curator of the U. Nahon Museum, for kindly furnishing me with pictures of the entire diploma. I thank Sharon Liberman Mintz for bringing this diploma to my attention.
[41] The diploma is in the William Gross Collection and is available for viewing at the website of the National Library of Israel, system number 990036743400205171 (accessed January 3, 2021). I thank Sharon Liberman Mintz for bringing this diploma to my attention.
[42] NLI, system number 990035370060205171.
[43] Of course it was not “the usual place of examination,” but this text allowed for the least amount of deviation from the diploma template.
[44] See, for example, the diploma of Chananya Modigliani from Siena, 1628 in the Jewish Theological Seminary Library, MS 8519.
[45] NLI, system number 990034232880205171.
[46] Stadt Frankfurt am Main, Altes Archiv – Städtische Überlieferung bis 1868, Medicinalia, Akten, Nr. 250 (fol. 51-52v).
[47] For an expansive discussion on the diplomas of Jewish medical students from the University of Padua, see Edward Reichman, “Confessions of a Would-be Forger: The Medical Diploma of Tobias Cohn (Tuvia Ha-Rofeh) and Other Jewish Medical Graduates of the University of Padua,” in Kenneth Collins and Samuel Kottek, eds., Ma’ase Tuviya (Venice, 1708): Tuviya Cohen on Medicine and Science (Jerusalem: Muriel and Philip Berman Medical Library of the Hebrew University of Jerusalem, 2019), in press.
[48] Pamela Forde, “Power and Beauty: Fakes and Forgeries,” (December 11, 2015) Royal College of Physicians Museum. I thank Dr. Bigotti of Centre for the Study of Medicine and the Body in the Renaissance, Domus Comeliana Pisa (Italy) for providing me the images of this diploma.
[49] I do not have access to the relevant years.
[50] For the most expansive discussion of the Frankland affair see William Munk, The Roll of the Royal College of Physicians of London vol 1, 1518-1700 (Longman: London, 1861), 358ff.
[51] Andrew Clark, The Life and Times of Anthony Wood, Antiquary, of Oxford, 1632-1695, Described by Himself vol. 2 (Clarendon Press: Oxford, 1892), 392-393.
[52]  Munk, op. cit., 359.
[53] Munk, op. cit., 360.
[54] Munk, op. cit., 363.
[55] Munk, op. cit., 362.
[56] For a list of the Jewish students attending the University of Padua during Samuel’s time, see Abdelkader Modena and Edgardo Morpurgo, Medici E Chirurghi Ebrei Dottorati E Licenziati Nell Universita Di Padova dal 1617 al 1816 (Bologna, 1967). This list has been supplemented over the years, but the overall numbers are not significantly different.
[57] For a collection of diplomas from the University of Padua, see G. Baldissin Molli, L. Sitran Rea, and E. Veronese Ceseracciu, Diplomi di Laurea all’Università di Padova (15041806) (Padova: Università degli studi di Padova, 1998). Only a very small percentage of the diplomas in this book are from the medical school. For examples of diplomas from other Italian universities, see Honor et Meritus: Diplomi di Laurea dal XV al XX Secolo, ed. F. Farina and S. Pivato (Rimini: Panozzo Editore, 2005), a catalogue of an exhibition held in 2006 to mark the 500th anniversary of the founding of the University of Urbino.
[58] For more on Abraham Wallich and other physician family members of the Wallich family, see, Edward Reichman, “The Medical Training of Dr. Isaac Wallich: A Thrice-Told Tale in Leiden (1675), Padua (1683) and Halle (1703),Hakirah, in press.
[59] It is possible that Samuel was simply unaware of the composition and protocols of the Oxford degree, as he would not have had occasion to see one. Perhaps he was attempting to mimic a genuine Oxford diploma, but just erroneously assumed it was similar to that of Padua.
[60] Moritz Steinschneider “Judische Aertze,” Zeitschrift fur Hebraeische Bibliographie 18: 1-3 (January-June, 1915), p. 45, n. 1923. He is listed as “Samuel (b. Menasseh) b. Israel Abravanel-Soeyro (Suerus).”
[61] Nathan Koren, Jewish Physicians: A Biographical Index (Israel Universities Press: Jerusalem, 1973), 126. He is listed as “Soeiro Samuel Abrabanel of Amsterdam, son of Menasseh ben Israel, grad. in Oxford.”
[62] Dov Bear Turis, Shiva Kokhvei Lekhet (Warsaw, 5687), 16. Menasseh is not mentioned in this list.
[63] I thank Heidi Warncke for this suggestion.
[64] On Bueno, see, for example, George Weisz and William Albury, “Rembrandt’s Jewish Physician Dr. Ephraim Beuno (1599-1665): A Brief Medical History,” Rambam Maimonides Medical Journal 4:2 (April 2013), 1-4.
[65] Sefer Penei Rabah (Amsterdam, 1628)
[66] See Steven Nadler, Rembrandt’s Jews (University of Chicago, 2003). Nadler discusses the debate as to whether Rembrandt actually painted a portrait of Menasseh ben Israel. In either case, both Bueno and Menasseh were well acquainted with Rembrandt, who lived in the Jewish quarter of Amsterdam.
[67] Hindle S. Hes, Jewish Physicians in the Netherlands (Van Gorcum, Assen, 1980); Kenneth Collins, “Jewish Medical Students and Graduates at the Universities of Padua and Leiden: 1617-1740,” Rambam Maimonides Medical Journal 4:1 (January, 2013), 1-8; M. Komorowski, Bio-bibliographisches Verzeichnis jüdischer Doktoren im 17. und 18. Jahrhundert (K. G. Saur Verlag: Munchen, 1991). Komorowski, p. 33, lists the dissertations of a handful of Jewish graduates of Netherland universities prior to 1650.
[68] Hes, op. cit., 3, Komorowski, op. cit., 33. Josephus was Menasseh’s first cousin. His dissertation was entitled “De Phthisi.” Joseph’s father, Jonah, joined Bueno in supporting Menasseh ben Israel’s book, Penei Rabah. Joseph Abarbanel was later excommunicated by the Sephardic community for rejecting the prohibition against buying poultry from Ashkenazi Jews. See Yosef Kaplan, An Alternative Path to Modernity: The Sephardic Diaspora in Western Europe (Brill, 2000), 136.
[69] Roth, op. cit., Menasseh, 221. The only Jews who would have attended Oxcam at this time would have been converts to Christianity, though Jews from birth. See Cecil Roth, “The Jews in English Universities,” Miscellanies of the Jewish Historical Society of England 4 (1942), 102-115. This is why Roth comments that the diploma is a “not too skillful forgery of an inherently improbable doctorate.” Roth adds that into the eighteenth century the climate for Jews at the universities in England was so unwelcoming that even native English Jews travelled abroad to Germany, Netherlands, Scotland, or Italy to obtain their medical degrees.
[70] Until the 1800’s Jews could not graduate Oxford or Cambridge unless they professed their belief in Christianity. See Joseph L. Cohen, “The Jewish Student at Oxford and Cambridge,” Menora Journal 3 (1917), 16-23.
[71] Graetz, op. cit., also wrote, “It was no insignificant circumstance that this honor should be conferred upon a Jew by a university strictly Christian in conduct.”
[72] Weisz and Albury, op. cit.
[73] Admittedly, this is also a strong motivation for forgery, but I shall leave this line of argument for the prosecution.
[74] Roth comments that, “it is impossible to believe that Menasseh ben Israel can have been a party to the deception. One can only imagine that he was a victim of it.”
[75] Roth, op. cit., Menasseh, 251-252.
[76] It likely would not have sufficed for the Dutch government either.
[77] While the universities of the Netherlands had begun issuing diplomas to Jewish students, the Padua diploma would still have been far more common.
[78] Would the Dutch government have accepted such a document? The record is silent on this question.
[79] https://www.zeeuwseankers.nl/verhaal/portugese-joden-in-zeeland. In 1911/1912 English Jews visited Middelburg and found the grave in decay. They told the city that a very important person is buried there who played a vital role (together with his father of course) in the readmission of the Jews in England. The gravestone was renovated, and possibly raised at that stage, and a chain was put around it. I thank Heide Warncke, Curator of the Ets Haim Library in Amsterdam for the information and references.
[80] https://www.omroepzeeland.nl/nieuws/100031/Joodse-begraafplaatsen-verstopt-in-Middelburg.
[81] Ephraim Bueno is also identified as a physician on his tombstone. Picture in Weisz and Albury, op. cit.

On the tombstone on the left, the end of the second line reads, Dor (doctor).

Joseph Abarbanel, while identified in the Ouderkerk Cemetery record as a physician, is not identified as such on his tombstone (inscription at the bottom of the document).

I thank Heide Warnicke for her assistance with the translation of these tombstones.

[83] Roth, op. cit., Menasseh, 139. Nadler echoes the same sentiment, adding that no one suspected the ruse in his lifetime as his gravestone identifies him as a doctor. See Nadler, op. cit., 263.




Depicting Difference: The Tower of Babel and the Language of Sacred Art

Depicting Difference: The Tower of Babel and the Language of Sacred Art

“For form is only the manifestation, the shape of content.”
Ben Shahn, The Shape of Content, p. 72

Genesis chapter 11 presents the narrative of the Tower of Babel, detailing how, contrary to the divine directive to disperse and populate the earth, the descendants of the flood’s survivors congregated in a single city and commenced construction of a substantial tower. God intervened to prevent further cooperation among them by disrupting their shared language, thereby introducing linguistic diversity, which ultimately ceased the building process and resulted in the broad dispersal of the population.

The account of the Tower of Babel offers a unique context for exploring what characterizes an image—and, by extension, a work of art—as Jewish. In Christian artistic traditions, from medieval illuminations to Renaissance paintings, the tower is often portrayed as a symbol of pride and serves as a cautionary emblem against human ambition. In contrast, Jewish philosophy and visual culture do not treat the tower as an important iconographic motif or as a warning against aspiration. Where the story does appear in Jewish art, it offers an alternative interpretation, and in certain instances, it recasts the tower motif in a more positive light.

The Architecture of Arrogance: Bruegel’s Tower and the Christian Moral Imagination

A painting of a tower of babel AI-generated content may be incorrect.

Figure 1: Pieter Bruegel, The Tower of Babel, Kunsthistorisches Museum, Vienna

Among the most celebrated representations of the Tower of Babel is Pieter Bruegel the Elder’s painting housed in Vienna’s Kunsthistorisches Museum (we previously discussed another painting from the museum, Samuel van Hoogstraten’s Old Man at a Window, and whether it is a Jewish painting, its subject a famous Rabbi). Measuring over three feet wide and five feet high, this work features a monumental spiral structure composed of arches and tiers that ascend unevenly into the clouds. The immense scale of the tower stands in stark contrast to the small human figures depicted throughout—hundreds of workers engaged in various tasks. Bruegel’s paintings are notable for their comprehensive and detailed portrayal of subjects. (This site allows you to zoom in on all the details.) In this scene, each trade and stage of construction is rendered with meticulous attention; some laborers transport massive stone blocks along ramps, while oxen-pulled carts bear heavy loads of building materials. Human-powered treadwheel cranes lift supplies upward, and scaffolding constructed from poles, planks, and ropes clings to the sides of the tower. Masons apply mortar and lay bricks, carpenters reinforce beams, and overseers direct operations, attempting to manage the complexity and activity inherent in such an undertaking.

In the foreground, King Nimrod, adorned in elaborate robes and a crown, oversees the construction as the principal architect of the tower. He reviews architectural plans with his attendants while laborers kneel. Surrounding him, foremen gesture towards the ascending walls, effectively conveying his directives to the assembled workforce. Beyond the imposing structure of the tower, ships are visible entering the harbor, their masts prominent on the horizon.

Bruegel often used allegory in his work. By integrating contemporary construction methods and maritime elements into the depiction of the ancient story, he placed Babel in the context of his own time. The painting presents examples of human innovation alongside the risks associated with ambitious endeavors, making its observations applicable from the 16th century to the present day.[1]

A painting of people working on a tower AI-generated content may be incorrect.

Figure 2: 13th Century Manuscript of Rudolf von Ems Poetry

A letter l with a tower and people working AI-generated content may be incorrect.

Figure 3: 14th Century York Manuscript

Earlier artistic portrayals commonly focused on Babel’s height and grandeur. Medieval manuscripts and Church paintings often depicted it as upright, rectilinear, and monumental, resembling a fortress or cathedral spire. In contrast, Bruegel presents the tower as unstable, leaning, and showing deterioration at its foundation, while construction continues at the upper levels. The structure appears to challenge natural order by being built atop a mountain and using brick, which leads to rock formations that affect its stability. Bruegel incorporates Roman arches reminiscent of the Colosseum, suggesting parallels to historical architecture that had fallen into decline by the time of his visit in 1560. Some areas are already inhabited; for example, a woman is seen hanging laundry. The residents appear unaware of the structural issues beneath them, blinded by their hubris. Nimrod’s prominence in the foreground, with the workers genuflecting to him and his plans that he holds in his hands, further emphasizes the fetishization of human ambition.

At the time, Bruegel’s audience didn’t have to look far to see a potential Babel in the making: Antwerp was booming, expanding, and building like never before, and its populace risked falling into the sin of pride. In 1563, when Bruegel painted the Tower of Babel, the city was Europe’s busiest port and a magnet for wealth, with goods and materials streaming in daily through the Scheldt River. Massive new fortifications were under construction to secure the city’s growth, while the Cathedral of Our Lady still stood unfinished, its single soaring spire a symbol of grandeur halted midstream. Cranes, treadwheels, scaffolding, and teams of laborers were familiar sights on Antwerp’s skyline, all details Bruegel carefully folded into his painting. Even the ships visible in the harbor of his Babel recall Antwerp’s bustling docks, tying the biblical story directly to his contemporaries’ lived experience. For Bruegel’s viewers, the tower was not just a monument to ancient pride but a mirror of their own city’s dazzling ambition and its underlying fragility.

Bruegel does not show the dramatic aftermath, the confusion of tongues, and the scattering of peoples across the earth. Instead, he arrests the narrative at the moment of construction, filling the canvas with the feverish activity of workers and the looming mass of the tower itself. In doing so, he lets the architecture bear the weight of the story: the leaning walls, the buckling arches, and the crumbling base foreshadow the enterprise’s futility. The punishment is absent because the tower already embodies it, an image of human ambition that carries within itself the seeds of its own destruction.

Bruegel’s legacy is twofold. On the one hand, he fixed Babel’s appearance for centuries: spiraling, leaning, and crumbling, the visual template repeated in paintings, engravings, church murals, and biblical illustrations well into the modern era. From 16th-century Flemish workshops to 18th-century Bibles, from church frescoes to Romantic illustrations, and even into 20th-century literature and contemporary art, Bruegel’s leaning Tower of Babel has been endlessly reimagined as the enduring image of human ambition and collapse.[2] On the other hand, he reshaped its meaning. Earlier images celebrated human pride by showing the tower upright and impregnable. Bruegel’s version, and the generations of artists and authors who followed, transformed it into a parable of fragility, a monument doomed to collapse even as it rose.

Buildings Fall Books Endure: The Jewish Reading of Babel

Within the Jewish exegetical tradition, the story of Babel carries a different emphasis than in Bruegel’s Christian retelling. The tower itself is a bit player in a larger story, a catalyst and not the focus, less important than the human decision it symbolizes. In Genesis 9:1, God commands Noah’s descendants to “be fruitful, multiply, and fill the earth.” Yet instead of dispersing across the world, humanity chooses to settle in one place and build a city and tower “lest we be scattered abroad upon the face of the whole earth” (Gen. 11:4). In this reading, the sin is not arrogance against heaven but resistance to God’s plan of dispersal. The tower becomes a narrative device, a means of dramatizing humankind’s determination to remain unified, sedentary, and secure.[3]

Seen from this perspective, the confusion of languages and scattering of peoples is not so much a punishment as a necessary correction. The multiplicity of tongues is God’s way of ensuring that His will for humanity, for it to spread, diversify, and populate the earth, is carried out. The Jewish interpretation, therefore, reads the story as a lesson about human attempts to thwart divine design, not Bruegel’s Christian vision, which centers on pride and monumental ambition. What matters is not the tower’s collapse but humanity’s refusal to scatter, and the way God ultimately enforces the order of creation.

This contrast is confirmed by the way Jewish tradition titles the episode “Dor Haflagah,” meaning “the Generation of Division,” rather than “Migdal Bavel,” the Tower of Babel. (Sanhedrin 10:3; Baba Metziah 4:2). The Hebrew name shifts attention away from architecture altogether and toward the human drama: the refusal to scatter, the divine act of dividing languages, and the dispersal across the earth. In other words, where Christianity made the tower a visual icon, Judaism made the generation itself the lesson.[4]

This approach was not only in Jewish exegesis but also in Jewish art. There are only five identified examples of the tower in Jewish art, but in all of them, it is illustrated in a uniquely Jewish manner.

A mosaic of people in different poses AI-generated content may be incorrect.

Figure 4: Tower of Babel, Khirbet Wadi Hamam Mosaic, c. 3rd century, source.

A mosaic of people working on a building AI-generated content may be incorrect.

Figure 5: Tower of Babel, Huqoq Synagogue, c. 5th Century

The earliest two examples are synagogue mosaics, a third-century synagogue in Wadi Hamam, and a recently discovered fifth-century mosaic on the floor of the Huqoq Synagogue in northeastern Israel. Only a part of the Wadi Hamam scene has survived, though it is the largest intact biblical scene found. It shows workers and a tower on the left. In the center, two workers are hitting each other. The Huqoq mosaic is larger and illustrates all stages of construction, including detailed depictions of hoists, levers, and various chiseling and cutting tools. At the center of the scene, two workers are engaged in conflict—one wielding a hammer and the other a saw.[5] Similarly, three medieval manuscripts feature this theme; in two, the depiction of violence is the central focus, while in the third, it forms part of a broader image, akin to the mosaic. [6]

A close-up of a painting AI-generated content may be incorrect.

Figure 6 Golden Haggadah, fol. 3r

Although these examples feature the tower, they can be distinguished from the Christian perspective. Firstly, the labeling of the images aligns with Jewish tradition, specifically referencing Dor Haflagah. Secondly, Bruegel’s comprehensive visual representation notably omits any mention of violence. The interpretation that linguistic confusion led to violence is exclusive to Jewish sources, appearing in Genesis Rabba and various other texts, but not in Christian writings.[7] Given that the mosaic dates to the third century, this seems to potentially point to an earlier codification of Genesis Rabba than is currently assumed or that this approach was already was an oral legend.[8] The only known medieval Christian manuscript featuring a descent into violence, The Bedford Book of Hours, has prompted one scholar to assert that it “is undoubtedly based on a Jewish legend.”[9]

While Jewish manuscript culture preserves the uniquely Jewish interpretation of the iconography of the Tower of Babel, Jewish print culture would transform Bruegel’s symbol of pride and sin into a fortress of divine protection.

The Soncino family was the first great dynasty of Hebrew printers, active in northern Italy from the late 15th to the early 16th century.[10] Originating from the town of Soncino in Lombardy and operating intermittently between roughly 1483 and 1527, they established presses in a succession of Italian cities, including Soncino, Brescia, Fano, Pesaro, and Rimini, as well as in Turkey. The founder, Joshua Solomon Soncino, and his nephew, Gershom ben Moses Soncino, expanded the enterprise into one of the most respected printing houses of Renaissance Italy. Gershom issued one of the earliest dated Hebrew books, a Talmudic tractate printed at Soncino in 1484. This work, with its unique layout, is the first of its kind to become canonized, combining the source text with two surrounding commentaries, and is itself a work of art. Their editions combined typographic precision with decorative sophistication equal to the best contemporary Latin and vernacular presses, and their name became synonymous with the art of Hebrew printing itself. They did not just print for a Jewish audience, but also printed over 100 non-Jewish titles, outdoing their Jewish output of 64 titles.

SEFER IKKARIM (BOOK OF PRINCIPLES), RABBI JOSEPH ALBO, RIMINI: GERSHOM SONCINO, 1522 | Sacred Splendor: Judaica from the Arthur and Gitel Marx Collection | 2019 | Sotheby's

Figure 7: Joseph Albo, Sefer Ikkarim, Rimini, 1522

The Soncino family was active from 1483, but in books printed from 1522, first in Rimini and subsequently in Salonika and Constantinople, Gershom incorporated a new printer’s mark – essentially a printer’s coat of arms.[11] This first appeared in R. Joseph Albo’s Sefer Ikkarim and depicts a traditional Renaissance-style solid stone tower rising above a crenellated wall, accompanied by the verse ‘מִגְדַּל עֹז שֵׁם יְהוָה, בּוֹ יָרוּץ צַדִּיק וְנִשְׂגָּב” “the name of the Lord is a mighty tower; the righteous runneth into it, and is set up on high,’ (Proverbs 18:10) on the left and right sides of the image. Gershom chooses to highlight the tower, unlike other possible symbols such as the rainbow, clouds of glory, or King David, which could have served a similar purpose.

Figure 8: Kol Bo, Rimini, 1525, Gross Family Collection

In the Sefer Kol Bo, published in Rimini circa 1525 and considered Gershom’s most distinguished work from that period, a prominent introductory statement appears above the tower: “In You I place my heart and you will help me, and I will raise my heart and with song I will praise you: ‘the name of the Lord is a strong tower; the righteous runs into it, and is safe.’” This clearly presents the tower as an icon of divine protection and intervention. Notably, Gershom’s tower does not correspond with any physical structure in Soncino or Rimini; instead, the tower symbolizes a spiritual rather than an earthly construct.[12] There is one small, but somewhat strange, detail about Gershom’s tower: the doors are latched on the outside, making the locks useless. This oddity reinforces that the tower is divine, as it does not need a locked door. We reenact this belief annually during the Pesach seder. Gershom’s tower, rooted in Mishlei rather than Bereishit, represents divine protection in contrast to retribution. For a Jewish printer deeply engaged with Renaissance book art, this choice offered a thoughtful reinterpretation, reclaiming the tower as a symbol of resilience and trust in God’s safeguarding of the Jewish community people.[13]

The story of the “tower,” whether Bruegel’s collapsing monument or Soncino’s enduring emblem, reminds us how difficult it is to define what makes art “Jewish.” The same image can signify pride or faith, sin or sanctity, depending on the hands and the heart that shape it. Jewish art, then, is not confined to subject or style, but often lives in subtler places — in the design of a page, the mark of a printer, or the choice of a verse. Ultimately, even art speaks in different languages.

Notes: 

  1. For background on the creation of the painting see Margaret A. Sullivan, Bruegel and the Creative Process, 1559-1563 (Ashgate: England, 2010), 191-204. For a direct comparison of the painting with the biblical narrative see Ruth Dorot and Edna Langenthal, “Pieter Bruegel the Elder’s The Tower of Babel (1563). From Art to Architecture,” Journal Education Culture and Society, 2, (2023), 380-400.

  2. See Diána Kulisz, “The Tower of Babel Motif in the Art of the Low Countries,” in Mesopotamia Kingdom of Gods and Demons, ed. Zoltán Niederreiter, (Budapest: Museum of Fine Arts, 2024), 424-439.
  3. See Umberto Cassuto, A Commentary on the Book of Genesis, Part II, trans. Israel Abrams, (Jerusalem: Magnes Press, 1974), 225-226. Abarbenal, however, interprets the section much more in line with Bruegel’s themes. See Nehama Leibowitz, Studies in Bereshit, trans. Aryeh Newman, (Jerusalem: World Zionist Organization), 95-97.
  4. See Cassuto, id. at 203.
  5. See Karen Britt and Ra’anan Boustan, “Artistic Influences in Synagogue Mosaics: Putting the Huqoq Synagogue in Context,” BAR, May/June 2019, 40-41. They note that these are the only two known examples of synagogue mosaics to depict the Tower of Babel.
  6. The Golden Haggadah, Bezalel Narkiss ed. (England, 1996) 24-25; Marc Michael Epstein, The Medieval Haggadah: Art, Narrative & Religious Imagination (New Haven: Yale University Press, 2011), 157-158.
  7. For a collection of the various sources see M.M. Kasher, Torah Shelemah, vol. 1, 515, no. 60 and 517 no. 73.
  8. See Anat Reizel, Introduction to Midrashic Literature, (Tevunot: Alon Shevut, 2011), pp. 105–106.
  9. See Mira Friedman, “The Tower of Babel in the Bedford Book of Hours,” in The Old Testament as Inspiration in Culture, Jan Heller, ed. (Trebenice: 2001), 113-114.
  10. See generally, A.M. Haberman, Perakim be-Toldoth Hamdpissim ha-Ivrim (Jerusalem: Rubin Mass, 1978),15-101; Moses Marx, “Gershom Soncino’s Wander Years in Italy, 1498-1527” in HUCA XI (1936), reprinted as a stand alone work with many examples of Soncino illustrations, in 1969, by the Society of Jewish Bibliophiles.
  11. Abraham Yaari, Hebrew Printers’ Marks: From the Beginning of Hebrew Printing to the End of 19th Century (Jerusalem: Hebrew University Press, 1943), 4-5, 123-124. Gershom once used a different mark with a tower in the 1505 Fano edition Mashal ha-Kadmoni. Id. 124.
  12. Yaari, Printers Marks, 124.
  13. Gershom’s prayer may have been tied to a conflict with a Jew who had converted to Christianity. In the end, perhaps because of this conflict, although it remains unclear, Gershom was forced to flee Italy soon after. See Marx, “Wandering Years,” 55-59.



Elliott Horowitz – “”Most of all you’ve got to hide it from the kids…’ Reading Esther before Bed”

Elliott Horowitz teaches at Bar Ilan University and is co-editor of Jewish Quarterly Review.
This is his fourth contribution to the Seforim blog. We hope that you enjoy.
“”Most of all you’ve got to hide it from the kids…’:
Reading Esther before Bed”

Elliott Horowitz
“The problem of selecting Bible stories for the early grades is an especially difficult one,” wrote Emanuel Gamoran in his introduction to the first volume of Lenore Cohen’s Bible Tales for Very Young Children (2 vols, 1934-36), of which he was the editor. “Not all stories of the Bible are suited to the needs of little children,” continued Gamoran, who was an American Reform rabbi, and a disciple of the pioneer Jewish educator Samson Benderly,[1] “nor should all those children be told them in their entirety. In some instances certain details should be omitted.” In comes as little surprise, then, that in the second volume of Cohen’s Bible Tales the book of Esther contains only a single casualty – the evil Haman, who by the king’s order is hanged on the gallows he had prepared for Mordecai. No mention is made of the death by hanging of Haman’s ten sons, or of the more than 75,000 non-Jews killed, with the king’s permission, by Mordecai’s coreligionists. This was clearly one of those instances in which, according to Rabbi Gamoran, “certain details should be omitted.”
The identical omissions had been made three years earlier in a biblical anthology for children (The Children’s Bible: Selections from the Old and New Testaments) whose contents were “translated and arranged” by two distinguished non-Jews: Henry Sherman, who headed the “department of religious literature” at Charles Scribner’s Sons, which published the book, and Charles Foster Kent, who, as indicated on the frontispiece, was “Woolsey Professor of Biblical Literature in Yale University.”[2] The same editorial policy had earlier been followed by the American children’s writer Frances Jenkins Olcott (1873-1967) in her delightful Bible Stories to Read and Tell, published by Blue Ribbon Books in 1916.
Cohen and Gamoran, then, followed a venerable tradition in saving their “very young” readers from any knowledge of the sad fate of Haman’s sons. Yet they could arguably have followed the model of their British coreligionist Mrs. Philip Cohen in her two-volume Bible Readings with My Children (2nd ed., 1899). In her retelling of the book of Esther she acknowledged that not only Haman, but also his “ten sons were hanged on the gallows which their father had set up for Mordecai.”[3] Moreover, unlike Frances Olcott, who omitted mention of the permission given the Jews by Ahasuerus to defend themselves, and Messrs. Sherman and Kent, who included “the king’s “command that the Jews who were in every city should gather together and protect their lives,” but said nothing about the consequences thereof, Mrs. Cohen felt that it was safe to tell children that “the Jews, in defending themselves, killed numbers of their enemies.”
Mrs. Cohen’s justly popular anthology went through several editions, the fourth of which appeared in London in 1923. In that same year the future (but now lamented) Bible scholar Nahum Sarna was born in London. Not surprisingly, it was from that anthology that he acquired his earliest knowledge of Scripture. Reminiscing decades later about how he came to devote his life “to the study and teaching of the Hebrew Bible,” Sarna, then recently retired from Brandeis University, recalled that among his “earliest and most agreeable recollections is my father reading to me every Shabbat, with unfailing regularity from a little two-volumed work entitled Bible Readings with my Children by a Mrs. Philip Cohen. I am not certain, but I believe I was about three years old when the regimen began.”[4]
II
Bible Readings with my Children was not the first such anthology produced for Jewish children in Victorian England. Already in 1877 Ellis Davidson had published The Bible Reader under the explicit “sanction” of Britain’s Chief Rabbi Nathan Marcus Adler.[5] It was intended, as its subtitle indicated for the Use of Jewish Schools and Families, With the Addition of Questions on the Text, and Moral Reflections on Each Chapter. Davidson’s Bible Reader contained material from the popular book of Esther, but not much from the book’s brutal ending. Thus, anticipating Sherman and Kent’s Children’s Bible of 1930 readers were informed of the permission granted the Jews by Ahasuerus “to destroy, to slay, and to annihilate any armed force…that might attack them, with their children and their women,” but learned nothing of the consequences of that permission. Davidson did find a way to include the deaths of Haman’s sons, which both the Children’s Bible and Frances Olcott’s earlier Bible Stories later chose to omit, but he did so at the cost of changing the biblical story. They “were slain in battle,” and only afterwards hanged, wrote Davidson, “to show the people how utterly the whole house of Haman was degraded, and in order that future assaults might be prevented.”[6]
During the 1890’s two graduates of Oxford, each of whom had been at Balliol College when it was headed by the legendary Benjamin Jowett (1817-93), brought out their own biblical anthologies intended – at least in part – for young readers. The first of these to appear was John William Mackail’s Biblia Innocentium: Being the Story of God’s Chosen People Before the Coming of Our Lord…upon Earth, Written Anew for Children (1892). Mackail (1859-1945), who was born on the Isle of Bute and whose father was a minister of the Scottish Free Church, had overlapped as an undergraduate at Balliol with Claude Montefiore (1858-1938), who was a great nephew of the renowned Sir Moses. It is likely that they knew each other, since neither – unlike the bulk of their classmates – was an Anglican product of a posh “public school.” Both were also among the college’s most distinguished students; achieving “firsts” in the demanding course of study known as Greats (Literae Humaniores) in which their classmate George Nathaniel Curzon (a former Etonian and future viceroy of India) received only a “second.”[7]
In 1896 Montefiore, who was presumably familiar with Mackail’s Biblia Innocentium (which had appeared in a second edition in 1893) brought his Bible for Home Reading (1896), a two-volume anthology “with comments and reflections for the use of Jewish parents and their children. ” In certain respects Montefiore’s anthology followed the limitations that both his coreligionist Davidson and his former classmate Mackail had imposed upon themselves. No mention was made, for example, of the rape of Dinah in Genesis 34 or the subsequent massacre perpetrated by her brothers in Shechem. Yet with regard to the book of Esther Montefiore took a diametrically different approach. Whereas both previous Victorian anthologies, the one Jewish and the other Christian, had informed their readers of the permission granted the Jews to defend themselves but not of the bloody consequences thereof, Montefiore decided to include all the chpaters of Esther in their entirety despite what he acknowledged as the “religious and moral deficiencies.” These, he claimed, had been “ignored or explained away” by some, but also “exaggerated and falsely labelled” by others.” The best solution, he believed was to let readers, young and old, judge for themselves.
There were other ways of dealing with the book’s “religious and moral deficiencies” when presenting its contents to young readers. In his Story of the Bible: first published in 1904, Jesse Lyman Hurlbut (1843-1930), a Methodist Episcopal clergyman, reported not only that “Haman died upon the gallows that he made for Mordecai, but also that his sons “were put to death for their father’s evildoing.” He added, however, that this had been done “according to the cruel usage of those times.”[8] In contrast to Ellis Davidson’s clumsy attempt, in 1877, to make the hanging of Haman’s sons more palatable to his younger readers, Hurlbut, a native of New York, showed that it was possible to add without detracting.
Notes:
[1] On both Gamoran and Benderly, see Penny Schine Gold, Making the Bible Modern: Children’s Bibles and Jewish Education in Twentieth-Century America (Ithaca, 2004).
[2] H. A. Sherman and and C. F. Kent, The Children’s Bible (New York, 1933), 223-25.
[3] Mrs. Philip Cohen, Bible Readings with my Children, two volumes (rev. ed. London, 1899), II, 336.
[4] Nahum Sarna, “Ruminations of a Jewish Bible Scholar,” Bible Review 4:3 (June 1988). See also the obituary by Tom Long in the Boston Globe (25 June 2005).
[5] On Davidson, see Geoffrey Cantor, “‘From nature to nature’s God’: Ellis A. Davidson—mid-Victorian educator, moralist, and consummate Designer,” Jewish History 23:4 (December 2009): 263-388.
[6] On Davidson’s work and its treatment of the book of Esther, see Elliott Horowitz, Reckless Rites: Purim and the Legacy of Jewish Violence (2nd ed., Princeton, 2008), 24.
[7] On Montefiore at Balliol and the impact on the college of Jowett, see Horowitz, Reckless Rites, 25, and the sources cited there.
[8] Hurlbut, Story of the Bible: For Young and Old (Philadelphia, 1952).