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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Another such person, who has had a similarly prolific posthumous literary output – although he did publish Torah novella in his own life time – is R. Shlomo Zalman Auerbach (1910-1995). After his death there has been a printing explosion of his writings covering all topics, including reprints of everything he has ever written! The only works of his not to be reprinted are two amazing works: the Meori Aish – a classic study on electricity and muktzah – and his Madeni Aretz on Shevi’it, as these two works have connections to one of the more controversial gedolim of the past century, R. Avraham Yitzchak Ha-Kohen Kook. As the Meori Aish has a haskamah from Rav Kook and the Madenei Aretz deals at great length with Rav Kook’s views on Shevi’it.

For this post, however, I would just like to limit my focus to one of these recent works on R. Shlomo Zalman Auerbach — Halikhot Shlomo.

A few years ago R. Aron Auerbach and R. Y Terger started to print this work. It was printed by Feldheim for a rather low price. The first volume began with Hilkhot Tefilah and Berakhot. After that, they published a second volume discussing the Yom Tovim starting with Rosh Hashana until and including Purim. (Last year they released a limited edition of the Pesach section.) And this year, the third volume has just been published, completing the Yom Tovim, on Pesach and the rest of the year. The goal of this work is to collect everything spanning the gamut of R. Shlomo Zalman’s halakhic interests related to these topics of Tefilah, Berakhot and the Yom Tovim. These volumes are all well organized, culled from all the printed sources and from incidents recorded by his various students. Aside from these sources, they used many manuscripts and notes of R. Shlomo Zalman which have remained unpublished until this point. They try to reference exactly where everything came from; but, at times, this too becomes a bit confusing. The sefer has a nice layout the top part contains the statement of R. Shlomo Zalman, as well as his reasoning for the various pesakim. In the extensive footnotes, the editors demonstrate the breadth of where everything comes from. Sometimes they cite other sources on the topics under discussion. They also include many interesting stories, statements, and anecdotes of advice that R. Shlomo Zalman gave to different people. In addition to all this they include many interesting discussions of R. Shlomo Zalman on Aggadah. At the end of each volume, there is a collection of some lengthier pieces on relevant topics. Besides for all this they included a very thorough index assisting the interested reader in finding almost anything mentioned throughout in the sefer.

I would just like to quote a few interesting discussions from each volume for examples of what makes this work so special as there are literally thousands of gems scattered throughout this work.

While talking about having perfectly squared tefillin, R. Shlomo Zalman says that its good enough if, according to viewing it with your eyes and that you do not have to measure the tefillin with a ruler. He than goes on to say – at great length – that the Torah goes according to ones eyes for everything including examining for bugs and checking etrogim (Halikhot Shlomo 1:53, and the footnotes therein).

On the topic of chumrot he writes that one should not just be machmir because he feels like it. Instead, such a position should be reached from one’s own understanding of the topic and that, in this instance, it is in fact the correct position. He contrasts this with the tendency, which can be attributed to many chumrot, which is a result of only utilizing secondary sources and not focusing on the primary sources. He goes on to write that he was very bothered when he would see people walking on shabbat and their wives would be pushing the baby carriages because the man held for himself it was prohibited to use an eruv. He writes that when he was young he was machmir and did not rely on the eruv but, when he got married, he was mater neder (annulled his vow) to be able to help his wife (Halikhot Shlomo 1:55).

Elsewhere they record, that R. Shlomo Zalman once met a chattan walking to shul without a shomer so he accompanied him until he got a shomer. R. Shlomo Zalman explained his actions that already the motzei shabbat before one gets married he is already called a chattan in regard to this that he needs a shomer (Halikhot Shlomo 1:63 ¹). He writes that a matmid is not one who learns many hours in the day but rather it is someone who learns set times carefully keeping them everyday (Halikhot Shlomo 1:67 ²). He writes that a mourner can learn hilkhot aveilut in-depth during the week of shiva (Halikhot Shlomo 1:75 ³). Also included is an interesting and in-depth step-by-step teshuva process (Halikhot Shlomo 1:77 ⁴).

At the end of this volume, the editors printed a very interesting piece on the topic of saying ר’ פלוני בן ר’ פלוני – specifically the use of the Rabbi appellation – when calling someone up for an aliya at kriyat haTorah. R. Yosef Zechariah Stern writes that one should not say the title Reb because it is a problem of גבהות in front of God. R Shlomo Zalman, however, defends this custom at great length as we find everyone uses this title. He explains that the reason for its usage was because there are many different prayer customs that Chazal made to go against the tzedukim (צדוקים) to show that we have the Torah – both written and oral. So too, in the times of the Rishonim, there were people who denied the historicity of torah shebal peh, and these individuals were called Karaites; whereas the more-traditional sect of Jews were called Rabanim, and this is why when we call someone to the Torah we say “Reb” to show that he is not a karaite (Halikhot Shlomo 1:370-373; also included, in short, in the third volume, Halikhot Shlomo 3:33- 34).

Some interesting points from volume two include: The famous topic of the prayer Machniseh Rachamim and how can it be said as it appears that we are praying to the angels. R. Shlomo Zalman responds to this concern and explains that one can pray to an angel if it is his job to carry the prayers – that is his job! Further, this is why one can sing the song Shalom Aleichem on Friday night as we are only asking them to do their job. However, he said the nussach which appears in kiddush levanah “כשם שאני רוקד כנגדך וכו’ כל לא יוכל כל אויבי לנגוע בי לרעה” makes it appears as if we are praying to the moon and is a mistake! Instead, it should read כשם שאני רוקד כנגדה (Halikhot Shlomo 2:4). When asked which kavonot one should have during the blowing of the shofar he said just that the Torah simply says to blow shofar! (Halikhot Shlomo 2:24). Another interesting idea is that R. Shlomo Zalman did not bless people with sticking out his hands except on very infrequent occasions. He quoted R S Alphandrei that there is no source for giving ones hand in chazal but rather its chukat hagoyim! (Halikhot Shlomo 2:10). At the end of the sefer include, as well, is a very interesting selection as to why the holiday of Hoshanah Rabbah, as a day of judgment or not, is not mentioned in the Torah (Halikhot Shlomo 2:428-434).

The third volume of Halikhot Shlomo is the largest thus far, comprising over six hundred pages with many, many interesting and fascinating pieces.

Just to list a few: R. Shlomo Zalman writes that it’s very important to learn Masekhet Moed Koton and Hilkhot Aveilut as well, even though the Hatam Sofer (and others) said that one should not learn it (Halikhot Shlomo 3:439). On Tisha B’Av, R. Shlomo Zalman would read books about the Holocaust (Halikhot Shlomo 3:440). There is also an interesting discussion about the reason of the Mishneh Berurah as to why we eat dairy on Shavuot (Halikhot Shlomo 3:380-381). In regard to Pesach there is an amazing original piece as to why the bechorim (first born) fast on Erev Pesach. R. Shlomo Zalman writes that if it is solely due to the fact that the bechorim were saved from death, then all of the descendants of the bechorim should also fast – not just bechorim! (The answer is a bit more complex and includes several other components to this answer, as well.) To this, R. Shlomo Zalman says that the reason for the fast is not for the fact that they were saved but rather it was because the bechorim were supposed to do the avodah in the Beit Hamikdash, but that they lost it due to the sin of the Golden Calf. So on the fourteenth day of Nissan when they came to the Beit Hamikdash and they saw the kohanim and levi’im doing the beautiful avodah they felt very sad so they did not eat. So they decided to make a day to remember this as there was one time they were able to do this – when Hashem skipped over the houses and to atone for the Golden Calf which caused them to lose this great job (Halikhot Shlomo 3:179-180).

In sum, the Halikhot Shlomo is an excellent work and all in all, I feel that this is a beautiful work and well worth the money.

Sources:
[1] Upon hearing this aphorism, one cannot help but reflect on the passage in the Talmud: “R. Yohanan said in the name of R. Shimon bar Yochai: Any talmid hakham whose teachings are recited in this world, his lips move in the grave” (Yevamot 97a).
[2] Although the Hatam Sofer is the most popular target of posthumous publishing, in fact he did publish one work in his lifetime – although this is not well known. This is probably because his most famous work, his responsa volumes SHU”T Hatam Sofer, were published after he died. The Hatam Sofer died in 1839 and his teshuvot were not published until 1855. But, in the 1826 edition of the Hiddushei R”I Megash on Masekhet Shavout, there was appended a “Kuntres” which contains two Torah pieces and six teshuvot from the Hatam Sofer.
[3] For a discussion of the famous 1799 ruling of the Vilna beit din where they officially prohibited the ascribing any work to the R. Elijah, Gaon of Vilna which had not been personally sanctioned by that rabbinical body, see Gil S. Perl, “Emek ha-Neziv: A Window into the Intellectual Universe of Rabbi Naftali Zvi Yehudah Berlin,” (PhD dissertation, Harvard University, 2006), pp. 219, 226. Notwithstanding this prohibition, works ascribed to R. Elijah, Gaon of Vilna continued to appear for over two centuries. See also the introduction Yeshayahu Vinograd, Ozar Sifre ha-GRA (Jerusalem, 2003) for an extensive discussion surrounding the 1799 ruling of the Vilna beit din.