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Forgetfulness & Other Human Errors a New Monography by Marc Shapr

As a religion based on tradition, Judaism places great stock in the words and opinions of its early Sages. This is so to the extent that there is great debate as to whether it is even possible that these early authorities could err. In fact, throughout Jewish literature one can find many areas where people argue for deference based on seniority. For instance, there is an extensive debate on the binding authority, and to what extent, with regard to the Rishonim or the Shulhan Arukh. Similarly, there are those who refuse to allow that the Rishonim or earlier authorities erred. Recently, some accused Rabbi Natan Slifkin of allowing that certain statements of Hazal require reappraisal and that those statements are wrong. In the case of Slifkin, his issues with the particular statements of Hazal were not novel and mainly he repeated some of the same arguments that have been bouncing around for the last 400 years or so without adding anything new to that particular debate. A more important case, however, was that of R. Hayyim Hirschensohn in his discussion of whether women are allowed to hold positions of power.[1]

In the early part of the 20th century there was a debate of the appropriateness of women taking part in elections – whether they can vote or run for office. (Of late, this debate has been renewed by the Young Israel stance regarding women becoming a synagogue president.) Most are aware that those who argue that women cannot hold positions of power rely upon the Rambam, hilkhot melakhim 1:5, who in turn in relying upon a Sifre 147 to Devarim 17:15. R. Hirschensohn, however, understood the Sifre in a radically different manner and in doing so allowed that the Rambam erred in his interpretation of the Sifre. Specifically, R. Hirschensohn argues that the Sifre that states “that the verse (Devarim 17:15) ‘You shall place upon yourselves a king’ limits the placement to a king and not a queen” should be understood that the requirement for a king does not require a queen. That is, should the queen die she need not be replaced; however, should the king die there is a commandment to replace him.” Furthermore, according to R. Hirschensohn, the Sifre has nothing to do with the other statement from Hazal (Yevamot 45b) based on this verse, that “any leadership you shall establish should only be from your brethren [they must be Jewish].”[2] Thus, the Rambam erroneously conflated the two statements and thereby misunderstood the Sifre and came to the incorrect conclusion – that women are barred from all positions of power. As R. Hirschensohn explains “that even one as great as the Rambam in his knowledge and wisdom is not immune from error, an which then caused many who followed after him to rely upon and led to other errors. It is without a doubt the Rambam relied upon memory regarding these statements, and did not have time to reexamine them again” (See Malki ba-Kodesh 2:194).

As one would expect, aside from taking issue with R. Hirschensohn’s position on women holding power, many took issue with R. Hirschensohn’s claim the Rambam erred. R. BenZion Uziel said that although he respects R. Hirschensohn — in fact R. Uziel ultimate held like R. Hirschensohn on this issue — R. Uziel “believed that [R. Hirschensohn] erred in hastily writing such things about our master, Maimonides. For, while we may indeed take issue with his position, we may not characterize him as having committed [elementary] errors in understanding the text, or as having been mislead by custom and historical context. [R. Hirschensohn’s] remarks to such effect are, no doubt, a slip of the pen.” Mishpetei Uziel, vol. 2, Hoshen Mishpat, no. 6 (the translation comes from this article). R. Uziel was not alone in disputing R. Hirschensohn’s assessment of the Rambam as is evidenced by the many letters to R. Hirschensohn and his responses on the issue of the Rambam erring. See, e.g. Malki ba-Kodesh 4:131, 6:103-104 (letter from R. Yosef Babad).[3] It is worth noting that R. Hirschensohn seemed to have tired defending this opinion saying in one letter “that any further argument about this point is only repetitive.” Malki ba-Kodesh 6:100.

Another more recent example was noted by R. Eliezer Brodt in the magazine Datza, no. 15 (19 Kislev 5368): 4, where he calls to attention the recent edition of R. Yosef Karo’s Maggid Mesharim edited with notes by R. Yosef Kohen. In the Maggid Mesharim, amongst the many halakhic statements from the Maggid — the legendary angel that visited R. Karo and whose remarks are recorded in this work — is that “on Rosh ha-Shana one should not eat meat or drink beer [wine] and one should be careful about other foods as well. And, although Ezra said [regarding Rosh ha-Shana] ‘go eat sweet food’ that was only said for the populace, I [the Maggid] am speaking to the special ones.” The problem with this specific statement is that, as many commentaries have noted, it contradicts various Talmudic statements – including a Mishna or two – that imply one should eat meat on Rosh ha-Shana. (For more on the topic of eating meat on Rosh ha-Shana see Eliezer’s post earlier post, available here, additionally, Eliezer’s forthcoming volume on many of the customs of Rosh ha-Shana will also discuss this custom amongst others.)

Amongst the many others who attempted to explain this statement of R. Hayyim of Volozhin explained that the entire power of the Maggid only came from R. Karo himself. Thus, if R. Karo forgot a Mishna or a source then the Maggid wouldn’t know it either. Therefore, “it is clear that at that moment the Bet Yosef [R. Karo] forgot the relevant Mishna, or there was some lack in his recollection or understanding, and due to that the light [understanding] of the relevant Mishna was also held back from the Maggid.” R. David Luria, Kadmut Sefer ha-Zohar 5:4 (Koenigsberg, 1856), p. 35a (quoting R. Hayyim). Thus, according to R. Hayyim, R. Karo could forget and make mistakes.

R. Hayyim of Volozhin’s understanding, however, is completely rejected by R. Yosef Kohen in his new edition of the Maggid Mesharim. R. Kohen commenting on R. Hayyim’s explanation says “I am extremely troubled, how is it possible to say that the great Rabbi Bet Yosef, who understood and was completely fluent in the entire Talmud and Mishna, that he forgot a simple Mishna or that he was weak in a particular Mishna.” Maggid Mesharim, R. Yosef Kohen ed. (Jerusalem, 2007), 418.

Again, we see the two camps clearly, those who allow for human error and forgetfulness and those who refuse to believe great Rabbis could fall prey to these human frailties. An examination of the relevant sources shows that those in the former camp have the greatest support. To return to the Rambam that R. Hirschensohn argued erred in his understanding of the Sifre. The Rambam himself in his famous answer to the Hakhmei Lunel, admitted that he had made a mistake. Similarly, the Rambam’s son, R. Abraham when presented with a contradiction between his father’s statement and a Talmudic passage said “it is possible that my father forgot this passage when he wrote this.”

Likewise, R. Yair Hayyim Bacharach, author of Shu”t Havvot Yair, explains in a responsum “to one Godol who cast aspersions on [R. Bacharach] for claiming errors in the writings of the great earlier ones. That is, you asked how can I have the gall to dispute the earlier ones which we are much smaller. And, that I went further and said [at times] that they had forgotten the words of the Talmud and the Poskim.” R. Bacharach answered “I turn the question back on you, is not this language, that is, ‘you have forgotten [אשתמיטתיה]’ taken from the Talmud itself and applied to the greatest Amoraim . . . using [forgetfulness] is a respectful way to allege that one didn’t remember a relevant passage. Forgetfulness is human nature and affects everyone. Of course, how forgetful one is depends on the person.”

R. Bacharach then offers historical examples to support his contention. “Who is greater than Moshe the greatest prophet who forgot two laws (Shapiro notes that Bacharach erred – Moshe made three errors! (Shapiro, 52 n.220)) due to anger . . . and who is a greater Posek than the Rambam who understood the entire oral Torah as is evidenced by his work and who also authored a commentary on the entire six volumes of the Mishna based on the Talmud . . . who also forgot . . . and Rashi, who was a repository of Torah, but who writes in his commentary to the Torah . . . ‘I don’t know . . . and whom the Ramban wrote that [Rashi] forgot a passage from Midrash Ruth.” R. Bacharach continues to list other such examples. He concludes “there is no shame in saying that the Rishonim and the Achronim . . . forgot a Talmudic passage or Tosefot . . . and this position is evident from the writers in all the generations that precede me, they never held back from saying on the great ones before them.” R. Yair Hayyim Bacharach, Shu”t Hut ha-Shuni, no. 20.

R. Ya’akov Hayyim from Baghdad, in the introduction to his responsa Rav Pealim, echos R. Bacharach’s sentiment. “In truth one can find that many great ones that they made terrific errors, errors that even children wouldn’t make, and at times they made mistakes in quoting biblical verse, as was the case with the goan, wonder of his generation the Hida [R. Hayyim Yosef David Azulai, one of the most erudite scholars of his period] . . . on these sorts of errors the verse ‘that one is blameless from error’ (Psalms 19:13).” By way of example R. Ya’akov Hayyim highlights four such errors R. Yosef Shaul Nathanson, author of the Shu”t Shoel u-Meshiv made in his work. R. Ya’akov Hayyim concludes “therefore, do be surprised to find I disagree with the great ones . . . when I argue they erred because they forgot. Because, such allegations [of forgetfulness] are not unique and in no way take away from their greatness.”

It is particularly ironic that the Hida fell prey to this very type of forgetfulness as he wrote an entire book, Helem Davar, [4] showing exactly these types of mistakes in other’s works. The title of the Hida’s work, Helem Davar is rather instructive when discussing the possibility of sages erring. Helem Davar refers to the sacrifice the members of Sanhedrin would bring should they all err, indicating that even groups of great people are not immune from making mistakes.

With the above introduction we now turn to Professor Marc Shapiro’s new book Studies in Maimonides and His Interpreters (Scranton and London: University of Scranton Press, 2008), 205 pages, where one of the three articles is devoted to showing exactly the type of errors that must be attributed to forgetfulness or faulty memory that appear in the Rambam. This volume is an expanded discussion of Prof. Shapiro’s two earlier articles “Maimonidean Halakhah and Superstition” (2000) and “Principles of Interpretation in Maimonidean Halakhah: Traditional and Academic Perspectives” (2008), both of which originally published in Yeshiva University’s Maimonidean Studies, and includes a Hebrew section of several letters from two twentieth-century Torah giants (R. Joseph Kafih and R. Yehiel Yaakov Weinbeg), as well as from the nineteenth-century-maskil Nahman Isaac Fischmann to R. Samuel David Luzzatto zt”l (ShaDaL).

Shapiro provides many examples of persons who held Maimonides and others could err as well as many who hold that one cannot attribute difficult passages to error. For example, notes that the Hida (contrary to what we have seen above regarding his view of other scholars) held that one can not write off difficulties in Maimonides’ statements to error as “[i]f such approaches are adopted every insignificant student will be able to offer them, and what value is there in writing such thing?” (Shapiro, 8)[5]. On the other hand Shapiro marshalls numerous sources, including the Ramabam himself, who allow for the errors in the Rambam. In the letter to the sages of Lunel, the Rambam states that in his old age he suffers from forgetfulness. (See Shapiro 73 n.295, 76 nn. 308, 309 discussing the controversy over the authenticity of these letters). However, even explict statements from the Rambam himself have been disputed by later authorities. For example, although the Rambam condeeds regarding a law in Yad that he erred, the Gra says that the Rambam was erring is saying he erred. The Gra explains that the original law in Yad is indeed right contrary to the Rambam’s own position. (Shapiro 69 n.282). The Gra’s position is somewhat tenuos, aside from the obvious issue of ignoring the statement of the original author, as “a number of . . . achronim provided what they believed to be better proofs for Maimonides’ decisions than he himself was able to supply” but is has been shown “that the aharonim who adopted this approach erred in almost every example.” (Shapiro 54 n.227).

Included in the book is a short “Note on Maimonides and Muhammad” following censorship that occurred in his “Islam and the Halakhah,” Judaism 42:3 (Summer 1993): 332-343, about which Shapiro writes:

The “Note on Maimonides and Muhammad” found at the end of the English section requires a bit of explanation, as it speaks to the times in which we live and the sometimes precarious state of scholarship when it comes up against larger political forces. In 1993, I published an article in Judaism entitled “Islam and the Halakhah.” In the version of the article submitted to the journal, I mentioned that Maimonides referred to Muhammad as a “madman,” and in a few lines I also explained the origin of the term. When the article appeared in print, however, I was surprised to find that this had been removed without my knowledge. Naively, I thought that this was an innocent mistake, and I inquired as to what had happened. Imagine my shock when I was told that my article had been censored because the journal did not want to publish anything that could be seen as offensive to Muslims! While some may see this as understandable in the wake of the Salman Rushdie episode, it was nevertheless a betrayal of scholarship, which cannot be guided by political correctness. I would hope that any Muslims who see the “Note on Maimonides and Muhammad” will understand that its intent is not to insult their prophet, but rather to clarify a historical issue.

Studies in Maimonides and His Interpreters is available for purchase here at Amazon.com.

The editors of the Seforim blog take great pride in the first post (of hopefully many frequent posts) at this new web address being able to discuss Professor Shapiro’s new work. This is so, as Professor Marc B. Shapiro has been (as many others) a frequent contributor to the Seforim blog. It is such contributions that make the blog so much better.

Notes:
[1] Much of the material on R. Hayyim Hirschensohn was brought to my attention by Marc Herman, “Orthodoxy and Modernity: Rabbi Hayyim Hirschensohn’s Malki ba-kodesh,” (BA thesis, Brandeis University, 2005), 18-51. For a recent review of the scholarly consensus on R. Hayyim Hirschensohn, see Marc B. Shapiro, “Review of Jewish Commitment in a Modern World: Rabbi Hayyim Hirschenson and His Attitude to Modernity by David Zohar,” The Edah Journal 5:1 (Tammuz 5765): 1-6. Additionally, parts of the material on this topic of claiming that people forgot, comes from R. Shmuel Ashkenazi’s article “Helem Davar u-Tous Sofer.” Ashkenazi’s article was originally supposed to appear in the journal Or Yisrael no. 15 (Nissan 5659), but at the last minute the editors decided not to publish it and instead the article was published separately in a run of 25 copies. Ashkenazi, himself an outstanding repository of material – it seems unlikely he forgets but he is human – in this article lists numerous examples of errors that can only be attributed to forgetfulness or printing error. For instance, Ashkenazi notes that R. Yechiel Epstein in his Arukh Ha-Shulhan states “it is surprising that the Rif does not mention the laws of yayin pagum, not in the eigth chapter of berakhot discussing the laws of wine for blessing, or in the tenth chapter of Pesachim regarding kiddush and havdalah.” In fact, however, the Rif in the tenth chapter of Pesachim does discuss the laws of yayin pagum.
Or, the case of R. Aryeh Leib ben Asher Gunzberg (author of Shu”t Shaagat Aryeh), who notes in his Turei Even, that “we never find anywhere that the reading of the Bikurim passage is called Vidyu.” Turei Even, Megilah, 20, s.v. mihu. Ashkenazi cites R. Yeruchum Fishel Perlow’s comments in the journal Noam who notes R. Gunzberg forgot the mishna in Bikurim 2:2 which calls this recitation “viduy” as well as the Rambam in the laws of Bikurim 3:5, who says “it is a mitzvah to preform viduy on the bikurim.” Ashkenazi adds the Tosefta in Bekurim chapter one and the Yerushalmi Bikurim, chapter 2 also refer to this process as viduy.

Another example, this one with the Hida. The Hida in Machzik Beracha (O.C. 468:10) and Lev David (end of chapter 10) states the author of the SeMaK is R. Yecheil. But, the real author is R. Yitzhak Corbeil. The Hida, in his own work on Hebrew bibliography, Shem ha-Gedolim, actually gets it right. But, it appears that he forgot that when he wrote these other works.

[2] R. Moshe Feinstein also argues the Sifre is not connected with the Talmudic statement. See Iggerot Moshe, Yoreh Deah II, #44-45. R. Feinstein, however, ultimately comes to the opposite conclusion then that of R. Hirschensohn – the opinion of the Rambam must be followed and women cannot hold high office.

[3] As an aside, one of the many letters to R. Hirschensohn regarding women’s voting rights came from Yehiel Mihel Goldberg from Radom. Goldberg attempts to bolster R. Hirschensohn with the (now) well-known statement of R. Shmuel Archivolti in his Ma’ayan Ganim and recorded by R. Barukh ha-Levi Epstein in both his Torah Temimah and Mekor Barukh that supposedly is a halakhic statement which allows for women to study Talmud. As I have demonstrated elsewhere, the Ma’ayan Ganim is not a responsa work or halakhic work. But, Goldberg’s use of the Torah Temimah for this point seems to be the earliest. While the Torah Temimah was first printed in 1902 and then reprinted in 1904, it was not reprinted until 1928 and Goldberg’s letter was written in 1921. Perhaps Goldberg’s use evidences that the Torah Temimah was well received soon after it was published.

[4] This work, Helem Davar was recently printed (Beni Brak, 2006) for the first time in book form from manuscript – it also was printed as part of the lager book Iggerot ve-Haskmot Rabbenu ha-Hida also in 2006. Prior to this 2006 publication, R. Yehuda Leib Maimon published Helem Davar in the journal Sinai 43 (1948): 301-15. The 2006 edition includes Maimon’s original article as well as a commentary on Helem Davar, Hokher Davar.

[5] This argument, essentially a slippery slope argument, is also applied to making textual emendations. See, e.g. R. Y. Landau, Noda be-Yehuda Kama, Even ha-Ezer, 32; this issue is discussed by Y.S. Spiegel, Amudim be-Tolodot Sefer ha-Ivri Haghot u-Maghim, Ramat Gan, 2007, pp. 255-56.




A Puzzling Example of Plagiarism

One of the strange facts connected with plagiarism is that, at times, it is hard to discern what the motivation is to plagiarize. For example, we have seen a person today that continuously plagiarizes entire books even though he is well-known and, if the approbations on his books are any indication, well-respected. Still, he has plagiarized, in their entirety at least three books and seems to continue to do so. While monetary gain may be a reason, I don’t see this as making him rich.

Another example where it is hard to figure out why the person plagiarized is an earlier case, a case from the early 19th century. Again, we are dealing with a book that was plagiarized in its entirety. Such examples, where the whole book is appropriated, makes it easy to show that this is a case of plagiarism and not merely that a sentence or two was not cited properly. This particular example also has the benefit that although an entire book was stolen and then republished under the very same title, it appears that detection of this eluded some experts in the field of Jewish books. Specifically, as we shall see that Israel Zinberg, had no knowledge of this. First, the original.

The book in question is a small work, Ha-Matzah Hadasha, published in Amsterdam as part of a collection of works. The entire collection, that includes three other works, is Shir Emunim. The author of these works is R. Moshe Piza. Ha-Matzah Hadasha is a book whose purpose is to demonstrate and list the words that contain the letter Shin and to distinguish between a Shin and a Sin. Additionally, R. Piza included a short commentary on the bottom that provides translation for some of the words he lists. Finally, R. Piza includes a poem of sorts at the end that lists the Sins in Tanach.


Ha-Matzah Hadasha, Amsterdam, 1793

Now, the plagiarized version. For this we travel from Amsterdam to Vilna. Zinberg, (A History of Jewish Literature, New York, 1975, vol. 6, pp. 282-84) in discussing the early rumblings of the Haskalah movement points to an “interesting person” Naftali Hertz Shulman. Shulman was very well-read and may have been proficient in Russian, German and Latin, something very uncommon for Jews of the time. He gave classes in the Rambam’s Moreh Nevukim and was a teacher to many wealth students. Shulman attempted to start a journal that would provide information “about commerce and political events, and the lover of science about scientific discoveries.” The stated purpose of the journal was so that “much knowledge in the realm of various languages, mathematics, geography, the natural sciences, etc. will be disseminated among our people.”

Now, in 1804, Shulman published R. Benyamin Mussafia’s lexographic work, Zekher Rav. Additionally, in 1804, under his own name, Shulman published Ha-Matzah Hadasha. On the title page Shulman states that “he gathered the information [in Ha-Matzah Hadasha] from many places” but never says that the entire work is word for word from R. Piza’s earlier work. Zinberg, in his three pages on Shulman – most of glowing with Shulman’s accomplishments – never mentions this fact. This is so, although the fact that Shulman plagiarism was already noted by Roest in his catalog of the Rosenthal collection, Yodeh Sefer no. 520. Roest notes that Shulman plagiarized Piza’s entire work. It is worth noting that in truth Shulman did not plagiarize R. Piza’s entire work – Shulman left out the final poem (I have provided it below).

Even auction catalogers, whose job presumably is to increase the value of auction items, were unaware of this fact. In the Judiaca Jerusalem catalog (April, 2008) they had Shulman’s work for sale. They merely note that Shulman probably wrote this work – a work to differentiate between a the two similar letters of Shin and Sin – due to the unique Lithuanian pronunciation. Not only do that not mention the work is not original to Shulman, their explanation fails to account for the fact the work was never written in response to Lithuanian pronunciation as it was originally written in Amsterdam by a Sefardic author, R. Piza.


Ha-Matzah Hadasha, Sklov, 1804

Now, in light of Zinberg’s description of Shulman, Shulman appears to have been well respected in Vilna, as I mentioned he taught many wealthy children, Shulman published his own works and was involved with many members of the early Haskalah even going so far as to suggest publishing the journal mentioned above. It is therefore perplexing then he would plagiarize an eight page book that for the most part is merely a list of words from Tanach that merely highlights whether there is a Shin or a Sin. Below, are scans from the original and Shulman’s edition.


A Page from Shulman’s edition

The same page from Piza’s original version

The poem that appears at the end of Piza’s Version

Note
Additionally, it may be that he actually plagiarized another book as well. While this is highly speculative, another book, discussed here, was plagiarized from R. Abraham ben HaGra in 1804 by a Yehuda ben Naftali Hertz. I don’t know if this Yehuda ben Naftali Hertz is related to the Naftali Hertz above but the similarity in name, place of publication, as well as the timing may be an indication that either it is the same person or somehow connected.




A Conspiracy Theory To Explain A Racy Title Page

We have discussed on multiple occasions the use of illustration of nudes to adorn the title pages of Hebrew books. It appears, again as we have seen before, that even though the appearance of such illustrations are really unremarkable, some will go to great lengths to either expunge or, in this case, explain away the appearance of such illustrations. In the April, 2008, Jerusalem Judaica auction catalog (provided below) they have a rather rare work of R. Yitzhak Hiyut (c. 1538- c.1610). [For biographical information on R. Yitzhak see Yaakov Elbaum, Pituchut Ve-HaSegirut, Jerusalem, 1990, p. 23 n.36.] This small book, some 18 pages, is comprised of R. Hiyut’s sermon he gave on the first day of Passover in 1589. The editors of the catalog attempt to deal with the two nudes depicting Adam and Eve [the illustration of Eve is very similar to the one of Eve that appears in the Levush and the Prague Haggadah ] that appear on the title page. They explain

“that this ‘Sermon’ was [perhaps] printed on the intermediate days of Passover by gentile print workers. They allowed themselves to place immodest engravings on the title page. The print owner did not supervise their work on these intermediate days of the holiday. They chose the images of Adam and Eve with the apple of the evil inclination in their hands.”

Thus, according to the catalog editors, the appearance of these illustration is due is basically an error, or if you wish, a rather interesting conspiracy theory.

Now, obviously, it is impossible to prove the negative, that is we have no way of saying 100% the above scenario did not happen, but I think at the very least we can show it is unlikely. First, perhaps the most straightforward item is that we have seen such illustration are not an anomaly – I have provided below one such illustration that appears on the title page of the 1577 edition of the Shulchan Orach.

Second, we are aware of cases of printing that did take place on either Shabbat or Yom Tov. The eminent bibliophile, Abraham Yaari, provides a list of such books. See A. Yaari, Mehkerei Sefer, Jerusalem, 1958, pp. 170-78. The method he employees in deciding which books were published on Shabbat or Yom Tov, is not conjecture. Instead, when a book was published when Jews were unable to oversee the printing, there was a much bigger problem than the title page illustration. When non-Jews printed without the aid of Jews, as one would imagine, the book was then subject to many typographical errors as the non-Jews, for the most part, could not read or understand Hebrew. Thus, typically, there would be a disclaimer somewhere in the book stating that there maybe such errors due to lack of Jewish supervision. In the case of this book of Derashot, there is no such disclaimer.

Finally, the entire assumption is highly questionable. That is, according to some one is allowed to print books on the intermediate days of a holiday. Famously, R. Yosef Karo’s maggid explicitly tells R. Karo that he must write down what the maggid tells him even on the intermediate days. (For other illustration and a discussion of the above, in Hebrew, see here.)

Shulchan Orach, 1577 edition



The “Holy Woman” in Jewish Literature

Any discussion regarding prostitution in Jewish literature starts with the various mentions in Tanach. Obviously, some are clearer than others, compare the case of Rachav with that of Tamar. But we will leave those comparisons for the readers of the Seforim blog who consider themselves biblical exegetes. Additionally, we will not focus on the Talmudic or overly legalistic discussions regarding prostitution. Instead, starting in Medieval times, we will attempt to document some of the mentions of prostitution and its effect, prevalence and general history amongst Jews.

Of late, much has been made of high governmental officials and their use of prostitutes. A striking parrall can be found in the writings of R. Yaakov Emden. R. Emden records that one of the parnasim, a representative of the Altona Jewish community, who went to Copenhagen for the inauguration of the king [Frederick III?] on behalf of the Altona Jews. While he was there, he squandered “thousands” from the community funds to engage prostitutes. Similarly, R. Emden relates that in Hamburg in 1764, after Kol Nidrei, a non-Jewish woman made a scene in shul claiming that her three children’s father was a Jew, and that he should take the children and support them.

Prostitution, much like today, appears to be a fascination of the public. It appears this is not a new phenomenon, instead, R. Hayyim Yosef David Azulai, in his travelogue Ma’agel Tov, records his impressions of Paris when he was there in 1777. [The Hida really liked Paris, and although this was not his first visit there, he still provides many interesting details.] He states:

Paris is a huge city, some 15 miles wide, with wide streets so wide that two carriages can pass each other even with people hanging on the sides, and the Seine river flows through Paris and that is where Parisians get their water. There is a bridge, the Pont Neuf, and this bridge is so busy that day or night there are always people on it . . . In fact the saying goes at any hour one can find on the Pont Neuf a white horse, a priest, and prostitute. The city of Paris is beautiful and one can find everything there, however, it is all expensive, the one exception being prostitutes – and it is known that there are 30,000 prostitutes that are available for anyone. That number does not include the thousands that are specialized for particular persons.

Throughout the middle ages, in the Iberian peninsula, there was a debate whether having prostitutes available was better on the whole. Two rationales were offered as a justification for prostitution. The first, that if people use prostitutes they won’t fall prey to adultery, a much more serious sin. And second, that there was in various times and places laws that punished by death Jewish and non-Jewish intercourse. Without Jewish prostitutes, Jews may violate that prohibition and be subject to death – typically burning. Thus, having Jewish prostitutes was allowed for the very pragmatic reason as a balance of harms, or the greater good, that is, it avoided these two other negative outcomes.

R. Yitzhak Arama famously decried these justifications. In explaining the sin of the people of Sedom, he put forth the notion that although individuals may sin, any time a community sanctions sins, that creates a much more serious communal crime. And that, he says, was why Sodom was unique in being utterly destroyed although there were numerous other instances of serious sin throughout Tanach that did not suffer the fate of Sodom. R. Armama then continues and applies the explanation for the destruction Sodom to his own times. He explains that for this reason he fought against those communities that sanctioned prostitution. While it may be correct that there is some way to justify prostitution, a community can never sanction illegal behavior. He offered that the ramifications of not having prostitutes was not to be considered, in no way could a community allow for such behavior. [This holding of R. Arama is used by many in many varied instances, see R. Ovadiah Yosef, Yabeah Omer, Orach Hayyim vol. 1, no. 30:15).]

R. Yitzhak ben Sheshet Perfet (Rivash) speaks of the “Gedoli Ha-Dor” who used the very rationale rejected by R. Arama to justify prostitution:

“The Gedolei Ha-Dor averted their eyes [from Jewish prostitution] based on the rationale that if we do not allow the sinners to utilize prostitutes they will sin with non-Jews and they will be subject to burning.”

Similarly, R. Yehuda ben Ha-Rosh received a similar query in that he was asked whether the position “of some people who say that they should force the prostitutes out of the Jewish area as they are in violation of the prohibition against kadasha and further they do not go to the mikveh thus causing people to be punished with karet, however, there are those who say that it is better to have the prostitutes remain in the city so that Jews will not resort to going to non-Jews thereby putting their lives in danger.” R. Yehuda responded, like R. Arama, that “the law does not follow ‘those who say’ and they should remove the prostitutes. A Latin document records a troubling incident from 1404 where, “a German speaking Jew visited a non-Jewish prostitute on Shabbat and he refused to pay her, he explained that he could not pay her as it would violate the Shabbat.”

Skipping ahead a few years to 1675, we come to the Takkanot of Frankfurt which states “that one is required to remove the prostitutes within six month from the Jewish area . . . And they cannot remain even as servants, even if they are kept for free. But, if the householder is willing to pay a two Reichthaller a week fine, then they can be kept, however, should they miss even a week’s payment then they must leave.” In Fuerth, a law was required to be enacted that single mothers could not circumcise their sons in the shul.

Finally, we turn to R. Yechezkel Landau, author of Shu”t Noda B’Yehuda, and although he is not discussing prostitution in general, but it is worthwhile to mention a specific case of Havah Bernstein, wife of the Chief Rabbi of Brody, R. Areyeh Leib Bernstein. According to the testimony of two people (and perhaps others), Havah was accused of acting as a prostitute. After this testimony came to light there was a celebrated controversy regarding the status of this woman vis-a-vis her husband. It appears, due to the Chief Rabbi’s powerful secular connections he was able to shut down any discussion about his wife (although there are several responsa on the topic). And specifically, there was a decree that anyone who called the Chief Rabbi’s wife a prostitute would be subject to a fine of 100 adumim for each statement to that effect. So, R. Landau showed up to court and made the following announcement:

“Everyone should know that the wife of the Chief Rabbi is a prostitute and there is a fine, 100 adumim for each utterace that she is a prostitute, and you should also all know that if I had more money I would call her a prostitute again, however I currently do not have the money I will have to satisfy myself with the fact that I have already called her a prostitute.”

Thus, R. Landau was able to call her a prostitute four times for the price of one. (Mofes Ha-Dor p. 9).

Sources: For the medieval sources see Grossman, Hassidut U-Morodot Jerusalem, 2003), 229-56 (see also where Grossman cites to those who question the truth of the Latin account and discusses other areas during the medieval period); R. Arama, Akedat Yitzhak, parshat Veyerah, Gate 20; Hida, Maagel Tov, p. 120; for the 16th and 17th sources, including R. Emden, see Azreil Shohet, Im Halufei Tekufot (Jerusalem, 1960), 166-73. For more on the Havah Bernstein incident, see David Katz, “A Case Study in the Formation of a Super-Rabbi: The Early Years of Rabbi Ezekiel Landau, 1713-1754,” (PhD dissertation, University of Maryland, 2004), 228-51; and Matthias Lehmann, “Levantinos and Other Jews: Reading H. Y. D. Azulai’s Travel Diary,” Jewish Social Studies 13:3 (Spring/Summer 2007): 1-34.




Jordan S. Penkower – Some Notes Regarding the First & Second Rabbinic Bibles

Some Notes Regarding the First & Second Rabbinic Bibles
by Jordan S. Penkower

Dr. Jordan S. Penkower is an associate professor in the Bible Department at Bar Ilan University, and has written extensively on the development of the printed Hebrew Bible.

This is his first contribution to the Seforim blog.

In response to the post at the Seforim blog regarding the Pinner Talmud, a correction is in order regarding the first two Rabbinic Bibles (both now available online – see below). The post states

In fact, this would not be the first time a dedication didn’t work out that well. The first Rabbinic bible published in 1522, was not a success. Instead, it would be the second Rabbinic bible that became the template for the Mikrot Gedolot Chumash. While both were done by the same publisher and soon after one another. The main difference was the first contained a dedication to the Pope, while the second did not. Perhaps, the same happened here, and Pinner was a victim of poor judgment in securing his approbations, both in the one’s that appeared and the ones that did not.
In fact, the following are the correct details.

(1)The first Rabbinic Bible was published by Bomberg in Venice and completed in 1517. The editor was the convert Felix Pratensis. This edition appeared in two versions: one with a dedication to the Pope in Latin (on the verso of the title page), and at the end of Chronicles a short decree by the Pope (in Latin) that this edition had exclusive rights for 10 years. The second – aimed at the Jews – without the Latin material.

(2) The second Rabbinic Bible was published by Bomberg in Venice, and completed in 1525. The editor of this edition was Jacob ben Hayyim Ibn Adoniyahu (who converted to Christianity sometime after 1527).

These two editions differ in a number of ways (the lack of the Latin material is not really to be considered, because such a Latin-free edition had already appeared in 1517 – see above).

Here, I will note the following differences between the two editions: (a) more commentaries in the second edition; (b) the printing of the whole apparatus of the Masorah Parva, the Masorah Magna, and the Masorah Finalis – for the first time in the second (1525) edition; (c) the bible text in the second edition was re-edited anew based on manuscripts and Masorah. As a result, one finds variants in text, vocalization and accentuation between these two editions.

Further details on the differences between these editions can be found in my Jacob ben Hayyim and the Rise of the Rabbinic Bible (Ph.D. dissertation, Hebrew University, 1982; Hebrew); see further my articles in: J.H. Hayes, ed., Dictionary of Biblical Interpretation (Abingdon Press, Nashville 1999), vol. 1: “Bomberg, Daniel,” “Jacob Ben Hayyim Ibn Adoniyahu,” and vol. 2: “Rabbinic Bible.”

Appendix:
Dedication Page to the Pope from the 1517 ed.


Decree at the end of Chronicles from 1517 ed.




Bibliography, Why It’s Important

In Professor Daniel Sperber’s latest book, Netivot Pesikah (Jerusalem, Reuven Mass, 2008), one of the areas he discusses the importance of having an awareness of is bibliography. As Eliezer Brodt noted in his review at the Seforim blog, Sperber provides examples where people have gone wrong due to their lack of bibliographical knowledge. Of course, long before Sperber, the importance of Jewish bibliography was already noted by R. Shabbatai Bass, most well-known for his super-commentary on Rashi, Siftei Hakahmim, but also the author of the earliest Jewish bibliography, Siftei Yeshanim.[1] In the introduction to Siftei Yeshanim, Bass discusses generally why bibliography is important. Then, in Ben-Jacob’s bibliography of Hebrew books, Otzar haSeforim, R. Shlomo haKohen of Vilna in his approbation lists numerous examples where people erred due to lack of bibliographical knowledge.

A particularly illustrative example was the republication of the work on the laws of Shabbat, Madanei Asher. A kollel had a group of people working on to study the book and then republish it. Although they studied the book in depth they failed to look up the bibliographical information on the book. Had they done so, they would have discovered that the book is plagiarised from another book, Shulhan Shitim by R. Shlomo Chelm, the author of the Merkevet HaMishnah. Instead, they invested considerable time and effort in ensuring that the wider public has access to a plagiarized work.[2]

Another such example of an egregious error due to lack of bibliographical information can be found in the Machon Yerushalayim edition of the Shulhan Arukh. Included in this edition is the commentary of R. Menachem Mendel Auerbach, Ateret Zekeinim. In Orah Hayyim, no. 54, R. Auerbach discusses whether the word “Hai” – het, yud – should be punctuated with a patach or a tzeri.[3].R. Auerbach states “one should have a tzeri under the letter het . . . and this in accord with what R. Shabbatai writes in his siddur, however, the Maharal of Prague says to use a patach.” Now, when R. Auerbach references R. Shabbatai and his siddur, the Machon Yerushalayim edition includes an explanatory note “Siddur haArizal in the Barukh She’amar prayer.” Thus, according to Machon Yerushalayim, R. Auerbach is quoting the Siddur haArizal compiled by R. Shabbatai Rashkover. That, in and of itself, is a bit odd as this Siddur is more interested – as the title implies – in the Ari and his kabbalistic ideas, rather than on grammar. Therefore, to use it in a discussion of grammar, which the quote in question is dealing with, is a bit odd! Setting that aside, there is a more fundamental mistake here, as the Siddur compiled by R. Rashkover was only published for the first time in Koretz in 1795. R. Auerbach lived from 1620-1689. Thus, he was dead for over 100 years prior to the publication of the Siddur of R. Rashkover. Moreover, the Ateres Zekeinim was first published in 1702 in Amsterdam, also long before the Siddur in question was ever published. The Rashkover’s Siddur was only first written in 1755 and not published until 1797.[4] What is particularly striking about this example is that if one actually examines Rashkover’s siddur, he doesn’t even have a tzeri in the word in question!

Instead, the siddur in question from “R. Shabbatai” is that of R. Shabbatai Sofer, the well-known grammarian. As this R. Shabbatai is a grammarian, and his siddur was written specifically to correct and highlight the proper grammatical readings, – see the lengthy introduction to this siddur, where R. Shabbatai bemoans the carelessness of people towards proper grammar – it makes perfect sense to quote this siddur from this “R. Shabbatai.” This is not the only place R. Auerbach quotes R. Shabbatai, one quote in particular is important as it dispels who the “R. Shabbatai” Auerbach is referring to. In Orah Hayyim, no. 122, Auerbach gives R. Shabbatai’s full name in another discussion about proper grammar. Auerbach refers to “I also saw this in the Siddur of R. Shabbatai of Przemysl.” R. Shabbati of Przemysl is otherwise known as R. Shabbatai Sofer (1565-1635)[5] and that is who is referred to earlier as well.

In conclusion, it is worthwhile noting that the text in question – the correct pronunciation of the word het yud – how R. Sofer actually pronounced that is unclear. There are two versions, but for the details of that one should see the edition of R. Sofer’s Siddur (Baltimore, 1994), vol. 2, p. 56.

Notes:
[1] First printed in Amsterdam in 1680 and in an expanded edition in 1806.

[2] This was pointed on by Y. Tosher in Moriah 7:83-84 (1978): 79. This claim of plagiarism was examined by Yonah Burstein, “Shulhan ‘Arukh by R. Shlomo Chelm (Review),” Ali Sefer 16 (1990):177-179.

[3] See the work Yashresh Ya’akov where he has a very comprehensive discussion about the this word and its punctuation.

[4] See Pinchas Giller, “Between Poland and Jerusalem: Kabbalistic Prayer in Early Modernity,” in Modern Judaism 24:3 (2004): 230, and see Geller’s general discussion regarding the importance of Rashkover’s edition for the development of Lurianic kabbalah on the siddur.

[5] On R. Sofer see Stefan C. Reif, Shabbethai Sofer and His Prayer-Book (Cambridge & New York: Cambridge University Press, 1979).