1

Shaving on Chol HaMo’ad the Never-ending Controversy

While we are generally aware that denominations other than Orthodox changes and adapt to the times, in reality Orthodoxy has also made significant changes. Of course, these changes are all within the parameters of Halakah, but they are in part concession to the times.

By way of example, the Mishha and in turn the Gemera record various practices when a person is an אבל (mourner). One such practice is עטיפת הראש winding or wrapping of the head. Tosefot, however, note that although this practice is recorded without controversy – in their time, as it was uncommon to wrap one’s head there is no longer an obligation to do so.

At the time Tosefot offered this decision – a decision which took into account then modern sensibilities – it was fairly unremarkable. This would change significantly when a movement sprung up which took conforming Judaism to modernity to the extreme. The Reform movement which altered numerous, significant practices precipitated a greater hesitancy to effect change – even legitimate change within Orthodoxy.
One example of the battle over changing long established practices relates to Hol haMo’ad. The Mishna in Mo’ad Koton [1] enumerates but a small class of people who are permitted to shave on Hol haMoad. This class is comprised of people, who for reasons out of their control were unable to shave before the holiday. One who is released from prison on the Holiday is one example. But, anyone other than this small class of persons according to the Mishna, are prohibited from shaving on Hol haMo’ad. The Gemera explains the restriction in light of human nature. One, in theory, has more free time on Hol HaMo’ad (assuming one is not working) thus one may procrastinate to shave and get a haircut until Hol HaMo’ad. This would mean that they would begin the holiday unkempt, unshaven. Thus, to avoid this sort of procrastination, one is prohibited from shaving on Hol haMo’ad thus removing any temptation to delay until Hol HaMo’ad.

The question which we will now turn out focus to – is whether this reason is dispositive. That is, assuming one did in fact shave before the holiday can he then shave on Hol HaMo’ad as he did comply with the law.

For hundreds of years the answer to this question was no. Rabbenu Tam (1100-1171) did allow for someone who shaved before the holiday to do so on hol haMoad. This position, however, was uniformly rejected by everyone who voiced an opinion on this matter until the 18th century. The 18th century, however, saw an increase in emancipation and closer contact between Jews and non-Jews. This was on an unprecedented level, Jews did not want to appear strange and thus many Jews began, what is common today, dressing in contemporary style and the like. Jews also, although there were also examples earlier, began to appear clean shaven. Now, during the rest of the year, maintaining a clean shaven look did not pose too significant of a problem. But, there was one time where, based upon precedent, it would be difficult to remain clean shaven – during Hol HaMo’ad.

The first to readdress this issue was R. Yehezikel Landau, the author of the Noda B’Yehuda and one of the greatest Rabbis of his time. In approximately, 1775, R. Landua was asked (O.C. Tinyaha, no. 101) if there was any way for those who shave year round, and did so prior to the holiday, to do so on Hol HaMo’ad. R. Landau ruled in the affirmative, with one important condition – that it be done with a poor barber. This condition was an attempt to conform with the various prior opinions. Namely, R. Landau understood the rejection of Rabbenu Tam’s opinion limited to instances which the person would shave themselves. But, a poor person who needed this to survive and thus was able to do work on Hol HaMo’ad anyways, everyone would agree shaving would be permitted. As R. Landau was highly respected his opinion did not go unnoticed. With the publication of this responsa in his work Noda B’Yehuda, the reaction was almost immediate and negative. From all over Europe various people either directly addressed R. Landau or wrote their own private responses expressing their opinion to maintain the status quo. In the end, R. Landau included four responsa on this topic. The reaction was summed up by R. Hayim Yosef Azulai, the Hida (Yosef Ometz, no. 7),

ואולם בו בפרק ראיתי אשר תיכף אזרו חיל הגאונים רב של ברלין ורב של אמשטרדם וחלקו עליו, ונדפס בספר בינן אריאל. גם ידעתי נאמנה שרבני גאוני פולין ואשכנז היטב חרה להם היתר זה וכמעט נגעו בכבוד הרב. ואין ספק כי רבני ארץ ישראל . . וכל טורקיאה ומצרים . . . וערי המערב . . . כולם יסמכו עם רבני אשכנז ופולין

“During that time I heard immediately they quickly girded themselves, the great ones, the Rabbi of Berlin, the Rabbi of Amsterdam and they disagreed [with R. Landau] and this was printed in Binyan Areiel. I also heard from trustworthy sources that the Rabbis of Poland and Germany were extremely disturbed by this leniency and they went so far as to disparage R. Landau. And I have no doubt that the Rabbis in Israel, Turkey, Egypt, and all the Eastern lands agree with the Rabbis of Poland and Germany.”

There were those, who could not reconcile their high esteem of R. Landau with his permissive stance on shaving, and thus made the claim (which has no support) that R. Landau retracted his statement. [Such a claim – that the author retracted or an errant student was the author of a controversial respona – is rather common. See Speigel, cited below, pp. 271-75 for other examples.]

One particularly fantastic (and well-known) explanation attempting to reconcile the R. Landau’s position was offered by R. Moshe Sofer, the author of Hatam Sofer. R. Sofer (Shu”t Hatam Sofer O.C. no. 154) wants to understand R. Landau’s position in light of another shaving question. One is prohibited from using a straight edge razor on their face. But, as this was before electric shavers many of the other options for shaving were not appealing to some and they used a straightedge anyways. R. Landau was offered a possible justification for this practice, which R. Landau in turn rejected. The justification was one is prohibited from removing “hair” with a straight edge. Hair is only hair, for many other laws, if it is long enough to turn back on itself. Thus, if one shaved every day or so, even with a straightedge they would not be removing hair as it was too short. Now, as I mentioned R. Landau rejected this, however, R. Sofer claims as this position was perhaps the only available understanding of what many did to not consider them sinners, R. Landau in fact accepted this. But, R. Landau also knew that if he came out that shaving was prohibited on Hol HaMo’ad many people even those who use a straightedge will follow that opinion. Thus, at the end of the holiday they would have long enough facial hair to be shaving “hair.” While ascribing such motivation to R. Landau is somewhat far-fetched, it does demonstrate how far people would go to reconcile their views of R. Landau with this position.

This, as would be expected was not the end of this issue. Soon after the Noda B’Yehuda was published, another book – which was controversial in its entirety – was published. This book, Besamim Rosh, (previous discussions here) was published in 1793 but attributed to R. Asher b. Yehiel who lived at the end of the thirteenth and beginning of the fourteenth centuries. Almost immediately after its publication there were those who questioned this attribution and instead said it was not the RoSH who wrote this but instead it was the publisher, R. Saul Berlin. Although there were many controversial statements in this book, R. Saul Berlin retracted only one – his statement regarding shaving on Hol HaMo’ad (no. 40). This was the only pronouncement R. Saul agreed was not from the RoSH.

Thus far, this discussion was limited to single or a few responsa, however, in the 19th century we have the battle of the books. Isaac Samuel Reggio (1784-1855) (mentioned previously here), an Italian Rabbi and admitted maskil, devoted an entire work, Ma’amar HiTeglachat (Vienna, 1835), to the issue of shaving on Hol HaMoad. Reggio was one of the most accomplished Rabbis of his day, he was fluent in numerous languages, founded the Rabbinic Seminary in Padua and was an amazingly prolific writer (and he also went clean-shaven as is evidenced by the portrait accompanying the article on him in the Jewish Encyclopedia here). Perhaps his most accessible book is a translation in Italian and commentary in Hebrew (titled Torat HaElokim, Vienna, 1818)of the bible based upon the simple meaning (pehsat)was recently reprinted. [It appears the sponsor of this reprint was unaware of Reggio’s maskilik leanings and – as the story was related to me – was horrified to find this out and thus this edition is now difficult to obtain.]

Reggio takes the position of R. Landau one step further. You will recall that R. Landau allowed for a poor Jew to cut one’s beard but not the person himself. Reggio, however, offers that even the person themselves can shave. This is so, as he understands that in the time of the original enactment, it was highly uncommon to shave weekly and certainly daily. From this assumption Reggio notes that (1) those who shave more often the hair returns quicker and thus before it was no big deal not to shave over 8 days but today, even in such a short time the hair returns too quickly and (2) since everyone now shaves often this is not the set of circumstances the original enactment was aimed at. That is, only for those for whom shaving was infrequent was there a true fear of forgetting or pushing off shaving but today that is not nearly as much of a consideration. Of course, Reggio notes that if one did not shave prior to the holiday he can not shave on Hol HaMa’od.

This being the most sweeping ruling on this issue and the most comprehensive, an immediate reaction was not short in coming. In fact, there were two books written for the sole purpose of refuting Reggio’s position. The first, a play on Reggio’s title was Tegalachat haMa’amar (Livorno, 1839), was published anonymously. However, we now know that in fact the author was R. Avrohom Reggio, R. Yitzhak’s father!

To this day, shaving on Hol HaMoad remains a contentious issue. R. Moshe Feinstein one of the greatest American Rabbis post-Holocaust allowed for similar reasons to Reggio, one to shave on Hol HaMo’ad. R. Feinstein explains (O.C. vol. 1 no. 163) that “today for those who shave daily, they can shave on Hol HaMo’ad.” Although there is again a permissive opinion, one from a highly respected person it still did not end this issue. In the Shmerat Shabbat K’Helchata (vol. 1 p. 274), on the top portion of the text he records that it is prohibited to shave on Hol HaMo’ad. Then in a footnote he is willing to only cite to R. Feinstein’s responsa without explaining what it contains.

Additionally, in an English book devoted to the laws of Hol HaMo’ad [2] they have taken it one step further by judiciously quoting R. Feinstein to give a different impression than the actual respona. As is provided in this book, R. Feinstein concludes his responsa with “I only offer this permissive opinion to those who have a great need or are in pain from not shaving.” (p. 26 n. 7). This is where the quote ends in the English book [of course, this does not actually appear in the English section, rather this is all relegated to a Hebrew footnote – in the English portion, the authors only allow that if refraining from shaving would result in a loss – davar ha’avod – only then is it permitted]. But R. Feinstein actually continues with “if one wishes to rely upon my permissive stance for appearances sake only [i.e. not only for ‘great need’ or ‘pain’] there is no need to stop him as in reality this is permitted.”

אבל מ”מ איני נוהג להתיר אלא למי שיש לו צורך ביותר או מצטער ביותר, ואם אחד ירצה לסמוך ע”ז גם בשביל היפוי לבד אין למחות בידו כי מעצם הדין הוא מותר לע”ד

Sources: The vast majority of the above comes from M. Samet article on the topic of shaving on Hol HaMo’ad. This article appears in M. Benayhu, Tegalachat B’Holo shel HaMo’ad, Jerusalem, 1995. Benayhu’s book also reprints both Reggio’s books as well as a significant amount of material from manuscript and he provides a history as well. Interestingly, Benayahu attempted to convince R. Shlomo Zalman Aurebach that today it would be permissable to shave on Hol HaMo’ad. Benayahu, however, notes that right when he finished this book, he was planning on showing it to R. Aurebach for his thoughts and comments but R. Aurebach passed away.
[Of course, the primary material contains additional important information]. This book is the most comprehensive discussion on the topic. Samet’s article has now been reprinted in his Hadash Assur min HaTorah, Jerusalem, 2005. Samet, among other things, discusses R. Feinstein and the controversy over his opinion. There are others who discuss this topic, however, as they mainly use the two above sources (with and without attribution), and they do not add much of anything I have not provided additional citations.

I want to thank M. Solomson for providing both editorial corrections and material for this post.

Notes
[1] On the name of this Mescheta and whether it is Mashkim or Mo’ad Koton, see Y. S. Speigel, Amudim b’Toldot Sefer HaIvri, Kitvah v’HaTakah, pp. 326-27; 348-56 (discussing which rishonim referred to it as Mashkim and which referred to it as Mo’ad Koton and whether any conclusions can be drawn from that data).

[2] D. Zucker & M. Francis, Chol HaMoed, Brooklyn, NY, 1981. The book even contains an approbation from R. Feinstein, although R. Feinstein says he did not look in great detail at the book and instead his approbation is based upon the reputation of the authors.




Teffilah Zakah: History of a Controversial Prayer

Teffilah Zakah:
History of a Controversial Prayer*

Yom Kippur has many unique prayers, many of them have been added through the centuries. For instance, R. Hayyim Yosef Dovid Azulai (Hida) has a longer viduy. Another such addition is the prayer known as Teffilah Zakah. In this prayer the person enumerates and connects their various sins with various acts and asks for forgiveness. Additionally, the person forgives any who have caused them pain or harmed them. This prayer was popularized by R. Avraham Danzig, in his Hayye Adam.

There are two reasons offered for reciting this prayer. Dr. Sperber opines (Minhagei Yisrael, vol. 2, p. 37 and esp. n.10) that the purpose of this prayer is to fulfill the opinion of the Ramban who holds that is an additional viduy on directly prior to Kol Nedrei on Erev Yom Kippur. (He offers that either Teffilah Zakah or a piyyut from R. Abraham ibn Ezra, fulfills this purpose). R. Abraham Ashkenazi (Brit Abraham, Warsaw, 1884, no. 129) offers a different reason for Teffilah Zakah. The purpose according to him, is to accept Yom Kippur early. At the end of Teffilah Zakah, one voices that they are accepting “kedushas Yom Kippurim.” In fact, R. Ashkenazi holds that for the purposes of fulfilling the opinion of the Ramban Teffilah Zakah would be insufficient as it differs significantly from the standard viduy. R. Ashkenazi, however, also holds that one should fulfill the Ramban’s opinion and thus recite the regular viduy after Teffilah Zakkah. (Surprisingly, Dr. Sperber doesn’t discuss R. Ashkenazi’s concern).

As mentioned above, Teffilah Zakah has a passage where one forgives others who may have sinned against him. This is necessary, as although Yom Kippur takes care of sins between man and God, it can’t take care of sins between man and man. Thus, it is necessary for each to receive forgiveness from their fellowman to achieve full forgiveness. Teffilah Zakah is long, and this paragraph that forgives others, appears at the end. The Chofetz Chaim attempted to alleviate this problem “and contacted the printers to change the placement of this paragraph of Teffilah Zakah . That is, to place this later paragraph earlier in prayer, to place the paragraph where one forgives others in the middle or the beginning.” According to the Chofetz Chaim’s son, R. Areyeh Leib, some siddurim did in fact shift around the prayer. (Michtevei Chofetz Chaim, p. 21-2 no. 52; quoted in Sperber, Minhagei Yisrael, vol. 4, 274).

The source to popularize this prayer is the book Hayye Adam.[1] Hayye Adam was first published in 1809, then in 1819 (the discussion regarding Teffilah Zakah only appears in this second edition – and thus, perhaps should be called a mahdurah [2]), and the third edition in 1825 – it would be this third edition that would be used for subsequent printing. [3] And, thereafter there was a flood of reprints – by 1960, Hayye Adam had been published at least 103 times (!) – a very popular book by any measure. While the book was reprinted on many occasions there were slight changes (some for the worse – there were many printing errors that crept in). As relevant to our discussion, in some editions, the portion discussing Teffilah Zakah changed as well.[4] The source that R. Danzig lists for Teffilah Zakah (klall 144), is the Sefer Hemdat Yamim. [5] In light of the fact that Hemdat Yamim is controversial in some editions of the Hayye Adam they removed words “Hemdat Yamim” so as not to have that as the source for this prayer.[6] Not all publishers dealt with the mention of Hemdat Yamim in the same manner. The full passage, as per the second edition of the Hayye Adam (see above – this is the first time this prayer appears in the Hayye Adam):

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל וכבר נדפס בחמדת הימים התפילה שיסדר ואמנם לא כל אדם מבין הדברים רק מי שבא בסוד ה’ ומי שא”י הוא להם כדברי ספר החתום ולכן העתקתי בספרי’ קדמונים תפלה בלשון קל . . . וכו

In the Zolkeiv(1838) edition the words “וכבר נדפס בחמדת הימים” are missing (this makes the next clause – “but not everyone understands those words” and “those words will be like a closed book” unintelligible); while in the Vilna (1849) edition only the words

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל

and the rest of the paragraph explaining why R. Danzig was required to create a new prayer in a “simple language” doesn’t appear. In the Vilna (1895) edition they have as follows:

אח”ז ילך לבית הכנסת באימה ורעדה והמנהג בקהלתינו בכל בתי מדרשים להוציא ס”ת מהיכל כמש”כ בכתבי האר”י ז”ל והעתקתי בספרים קדמונים לומר אז וידיו בלשון קל

This way they avoid the ambiguous pronoun (the problem with the Zolkeiv) and provide background for the prayer generally, of course they have still altered what R. Danzig found unremarkable.

The twin factors [7] of the use of a suspect work, Hemdat Yamim, and the creation of a new prayer, made some hesitant to adopt Teffilah Zakah. In the Tosefot Hayyim, a commentary on the Hayye Adam written by R. Meshulum Finkelstein, [8] deals with both of these issues and defends the recitation of Teffilah Zakah (klall 144 n.31). First, he alleges the prayer is not the same as that in Hemdat Yamim.[9] Second, he argues that the concern of saying a later prayer – this concern is attributed to the AriZal and is why, according to some the Yigdal prayer is not recited in some circles – is applicable to “yehidei segulah” (special people) and not to the masses. This is demonstrated by the many piyyutim we recite which are later than the cut-off date for prayers (R. Eliezer HaKalir – whenever he may have lived). Additionally, according to some, any prayer that has been accepted by the masses, this concern is not applicable.[10]

What is worthwhile mentioning is that R. Danzig is not the only talmid HaGra to use the Hemdat Yamim. He is also not the only talmid HaGra to have his work censored for such an inclusion. R. Eliach (Avi HaYeshivos, pp. 184-186) notes that the talmidei HaGra had no problem using and praising the Hemdat Yamim. Aside from R. Danzig, R. Alexander Suesskind, author of the Yesod V’Soresh HaAvodah, in his Last Will and Testament he praises the study of Hemdat Yamim. In at least one edition of R. Suesskind’s Last Will and Testament, Tzavah Yesod V’Soresh HaAvodah, Jerusalem, 1955, the reference to the Hemdat Yamim was removed. Thus, on the one hand we have a group of people who had no issues using the Hemdat Yamim, while on the other hand, there is another group of people who wish to remove any such references.

Whatever the ultimate source of this prayer, there is no doubt that today, it is a popular one.

Notes

*The fullest discussion of this prayer can be found in Mordechai Meyer’s article “On ‘Teffilah Zakah'” in Kenishta, vol. 2 pp. 119-138 including the language above of the various editions of the Hayye Adam.

[1] According to R. Barukh haLevi Epstein, (Mekor Barukh, vol. 3 p. 1260 [end of chapter 21]), R. Danzig titled the book Hayye Adam to avoid any attempt to abridge it as it would then be titled Kitzur Hayye Adam (Shortening the Life of Man). If this is true, it appears it did not help as in 1854 an abridged version was published although the title was Kitzur M’Sefer Hayye Adam (An Abridgement of the Work Hayye Adam). Interestingly, R. Y.S. Nathenson refers to the Sefer Hayye Adam as Kitzur Hayye Adam. Shu”t Shoel u’Meshiv, vol. 2 no. 14 (it is unclear whether there should be a Hey prior to Hayye Adam that would have R. Nathenson as merely listing the Sefer Hayye Adam as an abridgment and the “kitzur” part would not be part of the title.)

[2] For the use of this term “mahdurah” and when it should be applied and more specifically should this second edition of the Hayye Adam should be deemed a mahdurah m’Tukenet or mahdurah Sheneiah, see Y.S. Speigel, Amudim b’Toldot Sefer HaIvri: Kitveah v’Hatakah, Ramat Gan, 2005, 109-60.

[3] Teffilah Zakah was published separately numerous times under the title Teffilah Zakah (it was here it seems the usage of Teffilah Zakah became popular – R. Danzig never refers to it as Teffilah Zakah). The first time it was published was in Minsk, 1833 (see Meir, supra, p. 122)(there is possibly one earlier print by a year or so, in Russia also around 1830 but this is not definite) and republished as a seperate prayer on numerous occasions (by 1900 it had been published close to 50 times). It was first incorporated into the Machzor in 1882 in the Romm edition of the Machzor. (Meir, p. 124) Although the title of Teffilah Zakah was well established as late as 1856 this prayer was published under the title Teffilah HaEtkah M’Sefer Hayye Adam and not Teffilah Zakah.

[4] While the exact nusach of Teffilah Zakah does not appear in Hemdat Yamim, much of it does (see notes below for more). There are those who claim that since the teffilah is not the same, thus, Teffilah Zakah doesn’t really come from Hemdat Yamin. This is wrong. First, R. Danzig states it does – so he had no problem with it. Second, even if it is not word for word, and R. Danzig “improved” on the one in Hemdat Yamim, at the very least the basis for it, and much of it does in fact come from Hemdat Yamim. But, it is unsurprising that people would go to great lengths to void Hemdat Yamim as the source for this popular prayer.

[4] The removal of the mention of Hemdat Yamim both here and in other cases (including the discussion below regarding R. Suesskind’s work) is discussed by R. S. Divlitsky, “HaShmotot Mahdirim,” in Taggim, 1 (1969), 76-77 [Ya’ari, in Talmuot Sefer, also mentions the change to the Hayye Adam see under index under Hayye Adam]. For other examples of removal or changes to various editions of the Hayye Adam see R. A.I. Goldroth, “Al HaSefer ‘Hayye Adam’ U’Mechbro,” in Sefer Margoliyos, Jerusalem, 1973, pp. 262-67 esp. n.1. For a discussion about Teffilah Zakah, as well as the Hayye Adam see R. E. Levin & M. I. Blau, “Teffilah Zakah,” in Mishpacha, Kulmus, Tishrei, 2008, 16-19; and Blau’s earlier article, “Al Sefer Hemdat Yamim,” in Kovetz Bet Ahron v’Yisrael, Nissan, 2004 (112), pp. 161-164.

[5] In the Zolikav, 1838, Vilna, 1849; Tchernowitz, 1864; editions the words Hemdat Yamim are cut out and instead, the line reads, “in the works of the AriZal” and then has Teffilah Zakah. This is not the only mention of Hemdat Yamim in Hayye Adam. When discussing (klall 145) what happens if one has a nocturnal emission on Yom Kippur the Hayye Adam again cites to the Hemdat Yamim. In some editions the words “Hemdat Yamim” are missing, in others, it is abbreviated (“ח”ה”), so only those “in the know” will be able to understand.

[6] There is a third concern raised by the former Pupa Rebbi, who notes that as Teffilah Zakah discusses inappropriate sexual behavior, one should avoid saying it as it may lead to improper thoughts about the possible improper behavior. See R. G. Zinner, Neta Gavreil, Hilchot Yom HaKippurim, Jerusalem, 2001, p. 185 n.4. For a list of those who did not say Teffilah Zakah, see Y. Mondshein, Otzar Minhagei Chabad, [Jerusalem], 1995, pp. 200-01. Among other reasons, a similar reason to the Pupa Rebbi is offered by the wife of the Tzemach Tzedek. Additionally, a entirely new reason is given – that Teffilah Zakah is actually a deficient or inadequate prayer. As it is so bad is why, perversly, it has become so popular because, it seems, people like junk. See id. at n.1 in the name of the Sefer Areyeh Sha’ag.
See also, R. T. Ohrenreich, Katseh haMateh, in Mateh Efrahim, no. 619:17 who offers other methods to fulfill the opinions who hold one must do a viduy prior to the onset of Yom Kippur in lieu of Teffilah Zakah.

[7] It was first published in the Warsaw, 1888 edition of the Hayye Adam. R. Finkelstein wrote not only a commentary on Hayye Adam but also on the Matteh Efrahim, Elef HaMogan, first published in Mateh Efrahim HaShalem, Pitrokov, 1908. He also published a collection of commentaries on the Mishna under the title Tosefot Hakhomim, Warsaw, 1916.

[8] See note 4 above. This justification is bizarre. First, as noted above, the Hayye Adam says he is using the Hemdat Yamim – so at the very least he had no problem if it was there. Second, there are entire passages that do appear in Hemdat Yamim. For instance, the Hemdat Yamim has using kissing the sefer Torah to fix various sins (p. 291 of Tzuriel ed. – all citations are to this edition). Or there is an extensive discussion about the inability to fix something that someone stole from someone else (p. 229-36). There is another list of sins that mimic that in Teffilah Zakah (p. 252-57).

[9] This reasoning appears somewhat circular in that how did the prayer get started if one is prohibited from saying it to begin with? Even if one assumes this is merely extending the concept of “im ain neviem, beni neviem hamah,” it doesn’t excuse the R. Danzig from advocating for something that is prohibited.




Azariah de Rossi on Chad Gadya

As a somewhat belated followup to an earlier discussion at my AJHistory blog (z”l), I would like to add the following to the list of interesting-academic-footnotes:

There is something reminiscent of Jorge Luis Borges in the seemingly infinite series of translations represented in [Azariah] de Rossi’s Hebrew translations of the Latin translation of the Greek account of the Greek translation of the Hebrew Bible, made only more dizzying by Joanna Weinberg’s English translation of de Rossi’s Hebrew translation of the Latin translation of the Greek account of the Greek translation of the Hebrew Bible.

Source: Deena Aranoff, “In Pursuit of the Holy Tongue: Jewish Conceptions of Hebrew in the Sixteenth Century,” (unpublished PhD dissertation, Columbia University, 2006), 129 (n.4).




Charles H. Manekin — Moritz Steinschneider’s Indecent Burial

Moritz Steinschneider’s Indecent Burial
Charles H. Manekin
University of Maryland, College Park / Bar Ilan University

Over a century has passed since the death of Moritz Steinschneider, the great orientalist, bibliographer, and historian of Jewish literature and culture. When Steinschneider died in 1907 at the age of 91, he was recognized by many as the greatest Jewish scholar of the previous century. His scholarly output numbered over fourteen hundred publications, ranging from short notices to books of over a thousand pages, a number that does not take into account many of his brief book reviews, not to mention his correspondence, which still awaits to be studied.[1] The breadth of Steinschneider’s knowledge was extraordinary. Unlike other nineteenth-century Jewish scholars of Wissenschaft des Judentums, the movement initiated by Immanuel Wolf and made great by men like Leopold Zunz and Abraham Geiger, Steinschneider’s work was not limited to subjects with a direct Jewish connection. He wrote classic works on the European translations from the Arabic and the Arabic translations from the Greek,[2] and was familiar with almost everything that had been written about premodern science, philosophy, and medicine. Yet a glance at his voluminous bibliography shows that he was first and foremost a scholar of medieval Judaica.
What sort of recognition has posterity accorded to one of the great scholars of Judaism, arguably the greatest of the nineteenth century? Sadly, Steinschneider’s contribution to the history of Jewish literature in all its aspects has gone virtually unnoticed outside a small circle of scholars. If he is remembered at all, it as a cold, antiquarian scholar who reportedly said that “the task of Jewish studies is to provide the remnants of Judaism with a decent burial.” This is the portrait, or better, caricature, of Steinschneider drawn by Gershom Scholem in his well-known diatribe against Wissenschaft published in 1945.[3] Scholem, an ardent zionist, viewed Steinschneider and his mentor Zunz as “gravediggers” and “liquidators” of the Jewish national values that they considered no longer relevant after the advent of emancipation and liberalism. Scholem’s negative evaluation of Steinschneider’s scholarly motivation and outlook in no way implied a disparagement of the nineteenth-century scholar’s achievements. On the contrary, Scholem writes in the Hebrew edition of his memoir From Berlin to Jerusalem “Despite the enormous distance I felt from the men of the [Wissenchaft] group, I revered Steinschneider and pursued his works, major and minor, as well as off-prints of his articles, all of my life.”[4] He also relates that as a university student, his familiarity with Steinschneider endeared him to his teacher, and later doktorvater, the great scholar of scholastic philosophy, Clemens Bäumker. I come here not to praise Steinschneider, but rather to bury him more decently than did Scholem. To do so I will sketch a preliminary picture of his contribution to the ideology of Wissenschaft des Judentums that is less biased than the polemical one offered by Scholem. I say “preliminary” because Steinschneider made few theoretical statements on the subject of Wissenschaft. His views on that subject, like on so many others, must be gleaned from his voluminous writings and correspondence. For over a century articles on Steinschneider have begun with a call for a full-fledged intellectual biography of the man. That call has not yet been answered. Steinschneider’s principal reflections on Wissenschaft are found in his short essay, Die Zukunft der jüdischen Wissenschaft, published in1869, a half-century after Zunz had issued his programmatic-statement on Etwas über die rabbinische Literatur.[5] The science of Judaism during the last fifty years, writes Steinschneider, was motivated externally by the struggle for emancipation and internally by the desire for religious reform. Scholars thought that examining the Jewish achievements of the past would pave the way for greater acceptance of the Jews in the present, and would provide models and precedents for modernizing the religion. In recent years, a third motivation for Wissenschaft has been proposed, namely, the training of modern rabbis, and a modern rabbinical seminary in Breslau had been opened. But as important as these practical motivations were, they do not address other fundamental questions: “What about Jewish history and literature as a link and source of history and cultural history in general? Is it a part of theology? What will become of it if the universities, according to the Dutch example, leave theology as a practical science to the care of the various religious communities?” “Where and how should this academic study be conducted — in Jewish communal institutions or in German universities? “Where will it find its support — in the community or the government?” Although Steinschneider’s expressed intent was merely to raise these questions, his personal opinions are not hard to infer from his article. The task of scholars of Judaism is to investigate their subject as objectively as possible, without ideological tendencies, and in its intellectual and historical context, i.e., as connected with other cultures. This sort of study can be conducted best only in universities, not in the faculty of theology, whose focus is narrowly religious, but in the faculty of philosophy, i.e., the humanities. Jewish religious seminaries, even modern ones, are primarily interested in the training of rabbis; they focus almost exclusively on areas of importance to Jewish theology, and their students and faculty are exclusively Jewish. Jewish studies within the framework of even the most enlightened seminary cannot be free and independent. Who should support Wissenschaft? Steinschneider implies that this is an obligation for the state and not for the Jewish community, not only because of the general importance of exploring civilization’s past — after all, the state supports scientific research into the pyramids and the ruins of Pompeii — but because “the spirit that created the great works of Jewish literature is still alive in the citizens of their state.” This is an interesting argument which refutes, by the way, the view of Steinschneider as a curator of a dead or dying religion. For he seems to be implying that the state has a special obligation to support the research and teaching of subjects that inform the identity, even the group identity, of minorities within the state. In fact, there should be no difference in principle between minority and majority cultures. According to Steinschneider — again, by implication — as long as the state supports the education of Christian teachers of religion, it has the obligation to support Jewish teachers of religions, through supporting Jewish seminaries. Certainly Steinschneider was aware that the likelihood of the German state supporting the teaching of Jewish history and literature in universities, much less Jewish religion in seminaries, was remote. In fact, not a single chair devoted to Jewish history or literature was established in German universities until well after World War II. He was also aware that private money — Jewish, of course — would have to be found to support academic Jewish studies. In a letter written to his friend, the historian Meyer Kayserling in 1876, in which he refused Kayserling’s offer of a position at the Budapest Rabbinical Seminary, he writes, It seems to me that the task of our times is to prefer the endowment of untenured instructorships in Jewish history and literature in the philosophy faculties, thereby compelling the authorities to establish professorships and schools in which regular high school students can be prepared for the study of Jewish literature. We certainly do not want boarding schools in which bachurische clumsiness, impoliteness, and beggarliness is preserved and glossed-over.[6] The last statement reveals Steinschneider’s prejudices against the Eastern European yeshiva students who made up a good proportion of the students at the rabbinical seminaries. The aims of Wissenschaft required the proper preparation of students in high schools. For this Jewish donors had to be found. In the same letter Steinschneider claims that his principled opposition to Jewish Studies outside the university did not conflict with his own association with the Veitel Heine Ephraimschen Leharanstalt (Beth ha-midrasch), the old school of the Berlin Jewish community. Steinschenider was a part-time lecturer for nearly fifty years for that institution, which counted Jews and Christians, including Paul Lagarde, Georg Hoffman, and Hermann Strack, among its students. The school was open to all, its faculty all had university doctorates, and it did not confer doctoral degrees. Steinschneider had declared publicly that he would resign were it to offer a single doctorate.[7] Steinschneider did not address a question that has remained with us to this very day, namely, why wealthy Jewish individuals would wish to endow instructorships in Jewish history and literature at German universities, where the return to the Jewish community was neither immediate nor guaranteed. Perhaps he thought that he could get others to share his own passion for the study of what he called the “international literature of the Jews,” e.g., works of philosophy, science, medicine, and belles-lettres. After all, his teaching had been supported, in part, by the Berlin Jewish community for half a century. And, to my knowledge, at this stage of his life he expressed neither pessimism nor apprehension about the future of the academic study of Judaism. Nor is there any support, at least to my knowledge, for the strange idea that Steinschneider became progressively detached from Judaism culture or religion, or that he saw its inevitable assimilation into secular culture. Steinschneider remained throughout his adult life a liberal Jew whose ideals were those of the enlightenment and the revolution of 1848, in which he took part as a student. In the remarkable credo that makes up the Foreword to one of his last works, Die Arabische Literatur der Juden, he lashes out against those who use the insufficiency of reason, “this weapon of all kinds of unreason,” to justify “the forcing of myths in new clothes or of monstrosities of fantasy, let alone the clinging to institutions of fake authority or to obsolete customs.”[8] Given that this line follows a reference to the zoologist Ernst Haeckel, it is clear that Steinschneider is taking aim against the myths of racial supremacies, which he felt had replaced the myth of religious supremacies. His reference to the “obsolete customs of religion” reaffirmed his decades-long abandonment of orthodoxy, nothing more. But nothing in the Forward suggests a weakened commitment to Judaism per se, not even the claim that “it is the task of whoever feels entitled to lead the sum [of society] to stress what is common to the different circles of mankind, to point towards the ‘one Father of us all’ – towards what brings human beings nearer to each other.”[9] Steinschneider expresses these sentiments in a book chronicling the Jewish literature that was dearest to his heart, that of the Jews living in Muslim lands. After characterizing Ashkenazic Jewish life as one of “segregation in government, trade and society; expulsion, inquisition, agitation, and persecution” and Ashkenazic Jews as possessing “a surplus of mental acumen, squandered in casuistic and hermeneutical quibbles, faith and superstition linked to each other like Siamese twins,” he writes in an intensely personal passage, The historian likes to direct his attention to places where a human existence was granted to the tolerated subject, an existence in which his spirit was allowed to soar above and beyond the national barriers towards the highest existential questions. Such a person believed to have attained already on earth the ideal of human thought, the conjunction with the active intellect.[10] Steinschneider strongly identified with a literature that was not confined by the narrow parochialism of a national culture. He was under no illusion that such a literature was representative of Judaism, much less than it constituted its “essence.” With his unparalleled knowledge of Jewish books, he knew precisely what its place had been. But it was a literature with which he felt a strong personal affinity, and which reinforced the Jewishness of his commitment to liberalism and universalism, at a time when the growth of nationalism and antisemitism had made him pessimistic. As for Steinschneider’s alleged comment that it is the task of scholars to provide the remnants of Judaism with a decent burial, it has not been found in his writings, but was attributed to him in a necrology published shortly after his death in the German zionist periodical Jüdische Rundschau by the young orientalist Gotthold Weil, who had recently been one of Steinschneider’s students.[11] Weil had participated in the short-lived zionist “National-jüdische Verein der Hörer an der Lehranstalt für die Wissenschaft des Judentums in Berlin,” which numbered among its members Arthur Biram, Judah Magnes, and Max Schloesinger.[12] An active zionist leader in Germany, he later came to the Hebrew University of Jerusalem after the Nazis dismissed him from his post as professor of oriental literature at the university of Frankfurt. The context of Steinschneider’s reported comment is a discussion that Weil conducted with Steinschneider about the latter’s alleged proto-zionistic activity in his youth, when he supported Jewish colonization in Palestine as a possible solution for anti-Jewish discrimination in Germany. One imagines that this was a topic of considerable interest among Steinschneider’s zionist students, considering the elderly scholar’s open antagonism towards zionism. According to Weil, Steinschneider admitted to participating in a scheme in the1830’s to further the colonization of persecuted German Jews in Palestine. But he felt that the events of 1848 obviated the need for a separatist political solution to the Jewish problem. According to Steinschneider, Weil informs us, the history of the Jews had ceased in 1848 and that as a result, “the only task we have left is of giving the remains of Judaism a decent burial.”[13] It is easy to see how political zionists like Weil and Scholem would see an offhand comment as an epitaph for Jewish people as a nation; according to Scholem, “a breath of the funereal did in fact cling to the atmosphere of this discipline for a century; occasionally there is something ghostlike about this literature.”[14] They interpreted Steinschneider as holding that Jewish national existence was rendered obsolete by political emancipation, and that assimilation was inevitable and desirable. But there is no indication from Steinschneider’s writings that the scholar felt that the end of Jewish history, or for that matter, the extinction of the Jews as a “nation” had occurred in 1848, or that it was inevitable or even desirable. True, political emancipation had at least in principle removed the necessity for the Jews to segregate themselves in their own land in order to escape persecution. But almost fifty years later Steinschneider would write that the Jews indeed constituted a nation, in the original meaning of that word…united, at least thus far, by an ideal fatherland and Scripture reaching back into their remotest antiquity…We affirm, in fact, that the concept “Jewish” cannot be understood merely in terms of dogmas and rituals, but that the entire Jewish cultural evolution must be viewed as a mirror of the underlying religious and moral ideas and national convictions.[15] It was not the history of the Jews that ceased in 1848, according to Steinschneider, but the history of the Jews as an entity that required a political solution in its own state. He considered anti-Jewish discrimination not to be a Jewish problem but rather a human problem that should be solved within the confines of the modern liberal state. What Steinschneider increasingly detested was the romanticism, sentimentality, and separatism that he found in nationalism in general and zionism in particular. Not a great admirer of nationalism to begin with — according to Weil, he would occasionally say that “Nationalism is brutality; humanity is freedom and truth” — he never missed an opportunity to show his despisal of romantic Jewish nationalism, even in the oddest of places. Thus in his great work on the Hebrew translations of the Middle Ages, while mentioning that Judah ha-Levy had been driven to emigrate to Palestine by a somewhat mystical — another disparaging term for Steinschneider — national sentiment, he adds in a footnote that the Hungarian scholar David Kauffman, “der Apologet von Daniel Deronda,” called such an attraction “realistic.”[16] This was a disparaging reference to Kaufmann’s enthusiastic review of George Eliot’s proto-zionistic novel that Steinschneider had sharply criticized.[17] The reference, completely out of place in a footnote on translations of Halevy, showed how passionate this supposedly cold, rationalist scholar could be on the subject of Jewish national revival. Steinschneider’s ironic remark to his student Weil on the task of scholars of Wissenschaft is best seen within the context of his deeply rooted antipathy towards zionism, as well as his opposition towards tendentious scholarship of all sorts. The task of Jewish scholarship, he wished to say, is not to serve the interests of Jewish political interests, national or otherwise. “My intention,” he wrote in 1902 “is the most objective and historical portrayal possible, neither apologetically nor polemically painted, nor nationally or theologically prepared.”[18] Steinschneider intended to produce an objective scholarship possible that avoids apologetics, polemics with Christians, nationalism, and theology. Given this antipathy, his comment to Weil was perhaps intended to preach the gospel of independent scholarship. Although his students may have thought that the task of Wissenschaft was to help revive the spirit of the nation, Steinschneider did not. Given his negative views of Graetz,[19] it is not difficult to see how he would have viewed the excesses of the Jewish nationalist historians of the twentieth century. But this explanation of Steinschneider’s comment seems inadequate. For there are many ways to emphasize the virtues of objective scholarship without using the image of death and burial. Why did he employ this particular phrase? Perhaps his remark should be read as an ironic appropriation of Samuel Raphael Hirsch’s attack on Wissenschaft des Judentums. Hirsch wrote that the scholars of Wissenshaft keep alive the memory of the old Judaism as it is carried to its grave; in another metaphor of death, he called Wissenschaft “the fine dust wafting from the stone coffins of moldering corpses.”[20] Steinschneider was a master of the ironic retort. Perhaps he was saying to his student Weil, “Just as Hirsch and the orthodox have said, we are burial societies — let’s at least make sure that the burial is an honorable one.” On the other hand, Steinschneider may have been genuinely pessimistic about the future of the Jews in Germany, not because of assimilation, but because of the steep rise of antisemitism in the last two decades of the nineteenth-century. In 1893 he writes “The history of the daughter religions is a constant series of attempts to murder their own mother; if one of them ever succeeds, the crime will bring down the criminal.”[21] Nine years later he commented dryly on a historical pamphlet written by a Prussian gymnasium teacher that calls on Germany to emulate the example of Spain and Portugal and expel its Jews. “The self-appointed historian wisely omits that the brutality of the mob was aroused not only by bull fights but by the live burnings of hundreds of Jews and apostates.”[22] Steinschneider feared German nationalism, according to Weil. Perhaps he felt that the remains of Judaism deserved a decent burial because the Jews themselves were in for difficult times from antisemitism. But these are mere speculations. It is futile to read too much into the sarcastic quip of an aged scholar, which, if reported accurately, was never intended for publication. Can there be anything more indecent than having this comment serve as the summation of Steinschneider’s attitude towards the academic study of Judaism, or the task of its scholars? It is not surprising that both neo-Orthodox Jews like Hirsch and secular Zionists like Scholem assigned to the practitioners of Wissenschaft the role of gravediggers of Jewish nationalism.[23] If their visions of the Jewish nationalism were not only mutually exclusive but exhaustive, then it is a role that Steinschneider would have accepted willingly. But his vision of the Jewish nation was different from theirs. It is ironic that in articulating the differences between the visions of Wissenschaft “now” and “then,” Scholem reaffirmed much of the vision of Steinschneider – not of Steinschneider the “gravedigger,” but of Steinschneider the advocate of an open, unapologetic, and untendentious scholarship that only a university-setting could enable. Steinschneider would indeed have been pleased with the establishment of centers of the academic study of Judaism, such as the Institute of Jewish Studies at Hebrew University, where, in Scholem’s words, “everyone is free to say and to each whatever corresponds to his scholarly opinion without being bound to any religious (or anti-religious) tendency.”[24] After all, Steinschneider was the most consistent advocate of the idea that Jewish studies can only flourish in such an atmosphere. Scholem also reaffirmed Steinschneider’s distaste for nationalist history when he noted with regret that “the heritage of an apologetics in reverse, an apologetics which now, so to speak, has revised everything in terms of zionism, has produced notable examples in our scholarly work.”[25] Steinschneider consistently opposed apologetic scholarship of all kind. In sum, what connects the scholarship of Steinschneider and Scholem seems vastly to outweigh the differences, once we have adjusted the scale to allow for changing tastes and fashions in scholarship. The view of the Jewish people as a living and organic phenomenon was no doubt foundational in Scholem’s scholarly approach, but the growth in Jewish studies in the second half of the twentieth century had more to do with the sociology, economic abilities, and changing identities of the Jewish communities than with the growth of Jewish national consciousness. More to the point — if the “antiquarian” scholarship of the nineteenth century had given way to the “scientific and empirical” scholarship of the twentieth – both of Scholem’s phrases seem a bit quaint today – the reason was not because of Jews had undergone a national revival, but because scholarly tastes and methods had changed. Steinschneider’s scholarly approach was no more “antiquarian” than that of contemporary orientalists like LeClerc, Wenrich, or Wüstenfeld; just as Scholem’s scholarly approach was shaped by his intellectual training and cultural context. One shouldn’t make judgments about the scholarship of a bygone age by using contemporary fashions as a yardstick. The presence of university-trained scholars in the history of medieval Jewish culture and history would have pleased Steinschneider greatly, even more so when he learned that some of the leading scholars are not Jewish. One suspects that here too Scholem would agree. Notes: This post for the Seforim blog — dedicated to Dan Rabinowitz’s weekly shiur following hashkamah minyan at his local synagogue — is based on my article, “Steinschneider’s ‘Decent Burial’: A Reassessment,” Study and Knowledge in Jewish Thought Vol. I., ed., Howard Kreisel (Jerusalem: Mossad Bialik, 2006), 239-251. [1]Some of the correspondence has recently been published. See Briefwechsel mit seiner Verlobten Auguste Auerbach, 1845-1849: ein Beitrag zur jüdischen Wissenschaft und Emanzipation, eds., Marie Louise Steinschneider and Renate Heuer (Frankfurt/New York, 1995). The longest biographical treatment is still Alexander Marx, “Moritz Steinschneider,” in his Essays in Jewish Biography (Philadelphia, 1947), 112-184. Marx has a very useful bibliography on pp. 294-95. For a list of Steinschneider’s writings, see George Alexander Kohut, “Bibliography of the Writings of Professor Dr. Moritz Steinschneider,” in Festschrift zum Achtzigsten Geburtstage Moritz Steinschneider’s (Leipzig, 1896), v-xxxix. Steinschneider’s secretary, Adeline Goldberg, published additions to the bibliography in Zeitschrift fur hebräische Bibliographie 5 (1901): 189-91; 9 (1905): 90-92; 13 (1909): 94-95. [2] Die Arabischen Überzetungen aus dem Griechischen (Leipzig, 1897) and Die Europäischen Übersetzungen aus dem Arabischen (Graz, 1956). See D. Gutas, Greek Thought, Arabic Culture: The Graeco-Arabic Translation Movement in Baghdad and Early ‘Abbâsid Society (2nd-4th/8th-10th centuries) (London/New York, 1998), p. 195: “There is as of yet no modern bibliographical survey of the Arabic translations of all the Greek philosophers; Steinschneider’s Die Arabischen Überzetungen aus dem Griechischen remains the only single treatment.” [3] “Mi-tokh hirhurim al hokhmat yisrael” in Devarim be-go (Tel Aviv, 1975), pp. 385-405. This celebrated essay was published first in Luah ha-Arez and republished several times during Scholem’s lifetime. It has recently been translated into English by Jonathan Chipman as “Reflection on Modern Jewish Studies,” in On the Possibility of Jewish Mysticism in our Time and Other Essays, ed. A. Shapira (Philadelphia and Jerusalem, 1997), pp. 51-71. Scholem, who planned to publish a similar critique in Walter Benjamin’s journal in the early 20’s, returned to the same issue several times during his career, notably in “Wissenchaft vom Judentum einst und jetzt” (see n. 14 below) and “Hokhmat yisrael ve-yahadut” (“The Science of Judaism and Judaism,” which was printed in German, English, and Hebrew, in Perspectives of German-Jewish History in the 19th and 20th Centuries (Zur Geschichte der Juden in Deutsch-land im 19. und 20. Jahrhundert), the proceedings of a symposium on Jewish studies organized by Ephraim Urbach (Jerusalem, 1971) and reprinted in ‘Od Davar (Tel Aviv: Am Oved, 1989), pp. 143-5. For an assessment of the impact of Scholem’s zionism on his scholarship, see Daniel Abrams, “Presenting and Representing Gershom Scholem: A Review Essay,” Modern Judaism 20:2 (2000): 226-243. [4] Mi Berlin li-Yerushalayim (Tel Aviv, 1982), p. 141. This and most other comments about Steinschneider are not in the original German edition of the memoir, from which the English translation was made, but appear in the expanded German edition of the book based upon the Hebrew translation. See Von Berlin nach Jerusalem, trans. Michael Brocke and Andrea Schatz. Erweiterte Fassung (Frankfurt am Main, 1994), p. 148. Scholem’s enthusiasm for Steinschneider also earned him the favor of Prof. Aaron Freimann, who had served as librarian of the Judaica collection of the Frankfurt municipal library, and who had been Steinschneider’s student (Hebrew: 184, German: 193). One cannot but wonder why Scholem decided to add to the Hebrew version of his book several anecdotes testifying to his admiration for Steinschneider. [5] Hebraeische Bibliographie 9 (1869), pp. 76-78. A partial translation is offered by J. Hessing and P. Mendes-Flohr in Paul Mendes-Flohr and Jehuda Reinharz, The Jew in the Modern World: A Documentary History, Second Edition (New York and Oxford, 1995), pp. 230-2. I cite from that translation here, with slight emendation. [6] “Die Aufgabe unserer Zeit scheint mir vorzugsweise die zeitweileige Dotirung von Privatdocenten für jüd. Geschichte und Literatur an den Philosophischen Fakultäten, damit die Regierungen zur Errichtung von Professuren getrieben werden und Lehranstalten in welchen regelmässige Gymnasiasten sich für das Studium der hebr. Literatur vorbreiten können. Nur keine Internate, in welchem bachurische Unmanier, Unbeholfenheit und Bettelhaftigkeit in ihrem Dünkel erhalten und beschönigt werden. See Alexander Marx, “Steinschneideriana II,” in Jewish Studies in Memory of George A. Kohut, eds. Salo W. Baron and Alexander Marx (New York, 1935), pp. 492-527, esp. p. 521. [7] Ibid, p. 521. [8] Die Arabische Literatur der Juden (Frankfurt a. M., 1902), p. ix. [9] Ibid., p. x. [10] Ibid., p. viii. [11] No. 6, February 8, 1907, pp. 53-5. [12] See Yehuda Eloni, Ziyyonut be-Germaniyah mi-Reishitah ‘ad 1914 (Tel Aviv, 1991), p. 372 n. 55. [13] “Wir haben nur noch die Aufgabe die Ueberreste des Judentums ehrenvoll zu bestatten,“ p. 54. [14] See Scholem’s German Essay in the Bulletin of the Leo Baeck Institute 3 (1960):10-20; Hebrew version in De’ot 4:19 (1961), pp. 8-9, rept. in ‘Od Davar (Tel Aviv: Am Oved, 1989), pp. 136-142; English trans. by Michael Meyer in The Messianic Idea in Judaism and Other Essays on Jewish Spirituality (New York: 304-313.) The quotation is from Meyer’s translation on p. 307. [15] See Hebraeische Bibliographie 2 (1859): 82-83 (Steinschneider’s review of M. Kayserling’s Sephardim: Romanische Poesien der Juden in Spanien), as translated by S. Baron in, “Steinschneider’s Contributions to Historiography,” in Alexander Max, Jubilee Volume (New York, 1950), 83-148, esp. 90-1. [16] Die Hebraeischen Übersetzungen des Mittelaters und die Juden als Dolmetscher (Berlin, 1893), p. 402 n. 227. [17] Baron, “Steinschneider’s Contributions,” p. 135. [18] Die Arabische Literatur der Juden, p. viii. [19] Baron, “Steinschneider’s Contributions,” pp. 119-120. [20] See, for example, “Die Trauer des 9. Av,” Gesammelte Schriften (Frankfurt am Main, 1902), vol. 1, pp. 130-1. A partial translation is offered by J. Hessing in Paul Mendes-Flohr and Jehuda Reinharz, The Jew in the Modern World, pp. 234-5. [21] Die Hebraeischen Übersetzungen des Mittelalters, p. xxiv. [22] Die Arabische Literatur der Juden, p. x, n. 1. [23] The similarity between the neo-Orthodox and Zionist critique is noticed by Mordecai Breuer in “Three Orthodox Approaches to Wissenschaft” (Hebrew), in the Jubilee Volume for R. Joseph Dov Soloveitchik (Jerusalem/New York, 1984), vol. 2, pp. 856-60, esp. p. 857. [24] “The Science of Judaism – Then and Now, ” trans. Meyer, p. 310. [25] Ibid., p. 312.

Dr. Charles H. Manekin is Associate Professor of Philosophy at the University of Maryland. His publications include: The Logic of Gersonides (Kluwer), On Maimonides (Wadsworth), and the forthcoming Medieval Jewish Philosophy (Cambridge). Dr. Manekin is currently co-editing an English translation, revision, and updating of the first half of Steinschneider’s, The Hebrew Translations of the Middle Ages, for which he received a three-year NEH collaboration grant.




The Unintended Perils of Plagiarizing

While we have previously discussed several instances of plagiarism, I wanted to discuss one more which is interesting in its irony.

Originally printed in Vienna, in 1820, Hut HaMeshulash b’Sha’arim, was reprinted in 1998. This sefer is actually three-seforim-in-one arranged based on the order of the parshiyot. The three are from a grandfather, father and son. They are, respectively, Sha’ar Asher by R. Asher Lemel HaLevi, chief rabbi of Eisenstadt; Sha’ar HaMayim by his son-in-law, R. Jehiel Mihel, also the chief rabbi of Eisenstadt; and Sha’ar HaKoton by R. Asher’s grandson and R. Jehiel’s son, R. Moshe, the chief rabbi of Tzeilheim. This book was published by R. Moshe and has haskamot from the Hatam Sofer, R. Tzvi Hirsch Brody, and R. Dovid Deitch, which all offer extensive praise of these works. As I mentioned, this sefer was reprinted in a nice edition in 1998 which includes a newly set type, citations, an index, as well as a short introduction. The introduction notes that this reprint is the third printing of the sefer, with the second reprint in Munkatch, in 1931. While this is technically correct, a portion of the sefer was reprinted, but under a different name a different author.

In 1910 a similar family type sefer was published in Warsaw. As with the Hut HaMeshulash, it contains multiple commentaries from relatives. In this case, the Amudei Yonason by R. Jonathan Eybeschütz and the Amudei Shmuel by R. Nachman Shmuel Miodoser, a descendant of R. Jonathan Eybeschütz. The Amudei Yonason is claimed to be from a manuscript, however, it is R. Nachman’s commentary which we will focus on. Both of these seforim have rather nice haskamot from R. Hayyim Ozer Grodzinski, R. Eliezer Rabinowich, R. Eliyahu Meisels as well as R. Chaim Soloveitchik. It seems that R. Nachman actually had a more difficult time securing R. Chaim Soloveitchik’s haskamah due to R. Nachman’s first piece in his sefer. In that piece, R. Nachman ties the controversy of the earth or sky being created first, to that of Moshe and Betzalal about the construction of the mishkan and use it to explain a Midrash. R. Chaim said that such a interpretation is inappropriate, as according to R. Nachman’s explanation there are opinions which argue with Moshe and no one can argue with Moshe. [It would appear that R. Chaim took the ani ma’amins literally although, as we have recently seen at the Seforim blog, such a formulation has little support and even the Rambam’s position is not unopposed.] R. Nacham attempted to assuage R. Chaim Soloveitchik’s concern by pointing out the Hafla’ah has a similar explanation with the same end result – someone disagreeing with Moshe. R. Chaim Soloveitchik was unsatisfied with this justification so R. Nachman agreed to remove that explanation. But, when R. Nachman reached Warsaw, that page had already been printed thus, R. Nachman instead of removing the piece, included the above story to let R. Chaim’s position be known. [Reproduced below – you can click on any of the images for a larger version.]

R. Chaim Soloveitchik’s Haskama and R. Nachman’s Disclaimer
R. Nachman attempted to justify his position by pointing to earlier authorities who said similar ideas; however, R. Nachman could have pointed to an earlier authority which said the exact same thing. The vast majority of R. Nachman’s commentary is taken almost word for word from the Sha’ar HaKoton, including the controversial explanation. It appears this plagiarism went undetected as the book was reprinted three years later in 1913 (and even more approbations appear which due to their late arrival were not included in the first edition) and then again in Bnei Brak in 1946. R. Nachman died in 1948 in Bnei Brak.

From the Amudei Yonason
the Original – Sha’ar HaKoton



Two Notes on Censorship and Plagiarism on the Ramban’s Commentary on the Torah

There are a significant number of seforim that are considered “classic” commentaries on the Torah, including, for example, Rashi, Ibn Ezra, Radak, Ralbag and Ramban, et.al. In this post, we shall discuss the Ramban’s commentary on the Torah, as it is also on important work in the history of Hebrew printing.

The first edition, published between 1469-72,[1] in Rome was the first book published in that city and is available online here [it was also reprinted by Mekor with a short introduction by A.M. Habermann]. Over the years the Ramban’s commentary increased in popularity and in commensurate with that popularity many books have been written to further understand this commentary. The most commonly used edition today is the edition by Charles B. Chavel.[2] This edition, published by Mossad HaRav Kook, in two volumes contains a critical edition of the text as well as explanatory notes.

There are two interesting points about the above edition that are perhaps less well-known. The first, a fairly minor point, is the “problem” some apparently have with the fact Mossad HaRav Kook published this edition. In R. Wreschner’s excellent commentary on Masekhet Avodah Zarah, Seder Ya’akov first printed in 1988 (reprinted in 2004, third edition), in his introduction he discusses the problem of censorship (in the “Jewish/Non-Jewish” sense, i.e. removal of mentions of Jesus) in Hebrew books. While he rightfully decries the numerous instance of censorship in the history of the Jewish book, he notes with that of late we have been partially able to rectify the omissions due to censorship.

He singles out various editions and says:

ובעזרת הית”ב החומל על דלותם באורך גלותם, נדפסים היום ספרים כאלו [אם המילים החסרים] מחדש כגון ספר הרמב”ם בהוצ[ת] פראנקל, וכן פרש”י והרמב”ן ורבנו בחיי עה”ת . . . בהוצאת ה.ק. עכ”ל

“With the help of God who has pity on our impoverished state due to the lengthy exile, today we have many such books [with the censorship replaced] anew, for instance the Frankel edition of the Rambam, and also Rashi’s commentary and the Ramban and the Rabbeinu Bachya on the Bible printed by Hey. Kuf.”

What does ה”ק stand for? R. Wreschner a two pages later provides a full page explaining all the abbreviations in his book – this one, however, does not appear there. Of course, this abbreviation is for HaRav Kook, that is, Mossad HaRav Kook. It appears that even fully mentioning the name of this publisher was, in R. Wreschner’s mind, unconscionable, even while bemoaning other forms of censorship. That is, not R. Kook, but a publishing house named after him is also taboo.

What is worthy of noting is that there may actually be a reason not to mention this particular edition – not because of the publisher but of the content. In one of the more interesting introductions, R. Moshe Greenes, in his commentary on the Ramban Karen Peni Moshe, takes the Mossad HaRav Kook edition to task for, in his mind, serious errors in that edition.

R. Greenes opens (after going on a couple of tangents including claiming that then [1988] people were so lazy they can’t get up to look for a sefer, or even turn pages they are so lazy) by praising R. Chavel’s work on the Ramban. Soon after that praise, however, R. Greenes spends the next 8 pages or so pointing out all the inadequacies of R. Chavel’s edition. First, he claims that R. Chavel plagiarized on many occasions from the earlier commentary on the Ramban by R. Mordechai Gimpel, Techelet Mordechai. R. Greenes then accuses R. Chavel of plagiarizing from R. Menachem Zvi Eisenstadt’s edition (recently reprinted both volumes in a single volume but unobtainable by R. Greene at the time).[3]

R. Greenes includes numerous examples of the alleged plagiarisms and even explains that the footnotes with asterisks one can identify with the Techelet Mordechai. These, alleges R. Greenes, were put in only after R. Chavel got the Techelet Mordechai and thus required the insertion into the existing footnotes which necessitated not altering the number scheme and instead we have numbers with asterisks. Whether or not R. Chavel quoted these sources without proper attribution is still up for debate. But, irrespective of whether there was in fact plagiarism, the fact remains that R. Greenes introduction is one of the more unique ones out there.

Notes:
[1] On the date of publication see Moses Marx, “On the Date of Appearance of the First Printed Hebrew Book,” in Alexander Marx Jubilee Volume (New York, 1950) pp. 485-501. For additional information on the Ramban’s Commentary see M.M. Kasher, et al., Sa’arei haElef (Jerusalem, 1985), pp. 90-91, 571.
[2] For bio-bibliographical details about Chavel, see Moshe D. Sherman, Orthodox Judaism in America: A Biographical Dictionary and Sourcebook (Westport; Greenwood, 1996), s.v. “Charles B. Chavel.”
[3] Perush ha-Ramban al ha-Torah (Brooklyn: 5762)